Full Text
PROCEEDINGS OF THE COUNTY LEGISLATURE OF THE COUNTY OF SCHUYLER FOR THE YEAR 2007 MEMBERS OF THE LEGISLATURE DISTRICT DENNIS A. FAGAN STEWART F. FIELD, JR. DISTRICT THOMAS M. GIFFORD MICHAEL A. YUHASZ PAUL N. MARCELLUS DISTRICT DORIS L. KARIUS DELMAR F. BLEILER GLENN R. LARISON OFFICERS THOMAS M. GIFFORD STACY B. HUSTED DEPUTY JAMEE L. MACK COUNTY JAMES P. COLEMAN ---PAGE BREAK--- PROCEEDINGS OF THE COUNTY LEGISLATURE OF THE COUNTY OF SCHUYLER FOR THE YEAR 2007 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--- MEMBERS AND OFFICERS OF THE 2007 SCHUYLER COUNTY LEGISLATURE Back Row from left: Paul N. Marcellus, Delmar F. Bleiler, Jr., Glenn R. Larison, Michael A. Yuhasz, Dennis A. Fagan, Thomas M. Gifford, and Timothy M. O’Hearn Seated from left: Jamee L. Mack, Stacy B, Husted, Doris L. Karius, James P. Coleman ---PAGE BREAK--- DEDICATIONS 2007 PROCEEDINGS OF THE SCHUYLER COUNTY LEGISLATURE Sharon S. Bingell Sharon joined our Legislative Body in January of 2000 as a District I Legislator. In her capacity as a Schuyler County Legislator, Sharon served on many Committees and outside standing committees such as Southern Tier Central Regional Planning & Development Board’s rural Transportation Committee and Human Services Committee, the Schuyler County Child Care Coordinating Council and Economic Opportunity (EOP). Sharon was also Chairman of the Public Works Committee for all of her seven year term as a Legislator. Sharon retired in December of 2007. Paul S. Beebe Paul was hired as a laborer by the Schuyler County on November 22, 1971 on a temporary basis in our Highway Department. In August of 1976 Paul was re-hired in our Highway Department on a permanent basis as a laborer. During his 31 years of employment, Paul held a number of job titles including a Heavy Equipment Operator and Labor Foreman. In December of 1991, Paul accepted a position in the Highway Department’s Sign Shop as a Sign Maker and retired in December 2007. Ronald Wesche Ron was hired in March of 1998 in the Department of Motor Vehicles as a Motor Vehicle License Clerk. During his employment with the Department of Motor Vehicles, Ron also held the position of an Account Clerk Typist. Ron remained with the Department of Motor Vehicles for his duration of employment until he retired in June of 2007. ---PAGE BREAK--- TABLE OF CONTENTS Resolutions – 2007 (Numerical, By REGULAR AND SPECIAL MEETINGS: Organizational Meeting January Regular Meeting January Regular Meeting February Special Meeting Regular Meeting Special Meeting March . Regular Meeting Regular Meeting May Special Meeting May Regular Meeting June Special Meeting Special Meeting July Regular Meeting Regular Meeting August Special Meeting Special Meeting Special Meeting Regular Meeting October Special Meeting Special Meeting Regular Meeting Regular Meeting Year end Meeting Annual Budget Summary of 2008, County of Schuyler………..……………………193 Annual Budget Summary of 2007, 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 – 2007 I RESOLUTIONS BY NUMBER – 2007 ORGANIZATIONAL MEETING JANUARY 3, 2007 1. CLOSE NOMINATIONS - 2007 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE 2. APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2007 3. "CONTINUITY OF LOCAL GOVERNMENT" FOR 2007 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 2007 8. APPOINTMENT – COUNTY HISTORIAN 9. ADOPT SCHEDULE OF SALARIES FOR 2007 10. ADOPT PURCHASING POLICIES & PROCEDURES REGULAR MEETING JANUARY 8, 2007 11. APPROVE MINUTES OF THE DECEMBER 27, 2006 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE 12. AUTHORIZE ROLLOVER OF STATE EMERGENCY MANAGEMENT OFFICE FUNDS AND AMEND THE 2007 COUNTY BUDGET – EMERGENCY MANAGEMENT 13. AUTHORIZE A CONTRACT RENEWAL WITH THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES AND AMEND THE 2007 BUDGET - COMMUNITY SERVICES 14. RECOGNIZE FEBRUARY 2007 AS NATIONAL HEART MONTH - PUBLIC HEALTH 15. RECOGNIZE FEBRUARY 2007 AS NATIONAL CHILDREN’S DENTAL HEALTH MONTH - PUBLIC HEALTH 16. AUTHORIZE THE CREATION AND FILLING OF A COMPUTER AND BUSINESS SERVICES COORDINATOR POSITION/ABOLISH THE SUPERVISOR OF FISCAL OPERATIONS AND COMPUTER SERVICES POSITION - HEALTH SERVICES 17. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN – HUMAN RESOURCES 18. AUTHORIZE AMENDING RESOLUTION NO. 195-99 TITLED “ESTABLISH GUIDELINES RELATIVE TO PURCHASING REFRESHMENTS FOR CERTAIN COUNTY-RELATED FUNCTIONS” 19. AUTHORIZE AN ENGINEERING CONSULTANT AGREEMENT WITH FISHER ASSOCIATES FOR THE DESIGN OF GENESEE ROAD BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT ---PAGE BREAK--- RESOLUTION BY NUMBER - 2007 I 20. AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR 2007 - HIGHWAY DEPARTMENT 21. AUTHORIZE ADVERTISEMENT FOR BIDS ON EQUIPMENT-HIGHWAY DEPARTMENT 22. AUTHORIZE 2007 SEASONAL RATES FOR MARINA – BUILDINGS AND GROUNDS 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. AUTHORIZE SUBMISSION OF A 2007-2008 LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND APPLICATION FOR INDEXING PROBATION RECORDS 25. AUTHORIZE SUBMISSION OF A COOPERATIVE 2007-2008 LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND APPLICATION FOR SHELVING UNITS – RECORDS MANAGEMENT 26. AMEND RULE 25 IN THE RULES OF PROCEDURE TO REDUCE THE NUMBER OF STANDING COMMITTEES 27. ONE-YEAR APPOINTMENTS – AS AMENDED BY RESOLUTION NO. 61- 07 28. TWO-YEAR APPOINTMENTS 29. THREE-YEAR APPOINTMENTS 30. FOUR-YEAR APPOINTMENTS 31. APPOINTMENTS TO VARIOUS BOARDS 32. MOTION TO BRING ONE RESOLUTION TO THE FLOOR 33. ACKNOWLEDGE APPOINTMENT AND SET SALARY PART-TIME ASSESSOR POSITION – REAL PROPERTY TAX AGENCY 34. APPROVE MINUTES OF THE JANUARY 3, 2007 ORGANIZATION MEETING AND THE JANUARY 8, 2007 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 35. ADOPT REVISED FEE SCHEDULE FOR WATERSHED PROTECTION AGENCY - PUBLIC HEALTH REGULAR MEETING FEBRUARY 12,2007 36. AUTHORIZE AMENDING RESOLUTION NO. 344-06 TITLED “ESTABLISH 2006 - 2007 EARLY INTERVENTION/CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT - PUBLIC HEALTH” 37. RECOGNIZE MARCH 2007 AS NATIONAL PROFESSIONAL SOCIAL WORK MONTH - COMMUNITY SERVICES 38. AUTHORIZE A CONTRACT WITH KELLY FITCH, RN, FOR EARLY INTERVENTION SERVICES - PUBLIC HEALTH 39. AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE - COMMUNITY SERVICES ---PAGE BREAK--- RESOLUTION BY NUMBER – 2007 I 40. AUTHORIZE CONTRACT WITH SYNERGY SOFTWARE TECHNOLOGIES, INC. FOR THE COLLECTION OF AND USE IN REPORTING OF CLIENT SERVICE DATA – OFFICE FOR THE AGING 41. AUTHORIZE APPOINTMENT TO THE ADVISORY COUNCIL FOR OFFICE FOR THE AGING 42. AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD 43. AUTHORIZE RENEWAL OF AGREEMENT WITH CATHOLIC CHARITIES TO PROVIDE CRISIS AND PREVENTION (CAP) WORKERS FOR THE FAMILIES FIRST PERSON IN NEED OF SUPERVISION (PINS) DIVERSION PROGRAM - YOUTH BUREAU 44. AUTHORIZATION TO CREATE AND FILL ONE FULL-TIME CASE MANAGER POSITION IN THE DEPARTMENT OF SOCIAL SERVICES 45. AUTHORIZATION TO ABOLISH A CASEWORKER POSITION IN THE DEPARTMENT OF SOCIAL SERVICES 46. AUTHORIZATION TO INCREASE FAMILY FOSTER CARE RATES, ADOPTION SUBSIDY RATES AND CLOTHING RATES – SOCIAL SERVICES 47. AUTHORIZATION TO BID FOR LANDSCAPING WORK IN THE SENECA HARBOR PARK – BUILDINGS AND GROUNDS 48. AUTHORIZE A CONTRACT WITH THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR AN ENVIRONMENTAL PROTECTION FUND GRANT FOR THE CATHERINE VALLEY TRAIL – BUILDINGS AND GROUNDS 49. AUTHORIZE ADVERTISEMENT FOR THE REMOVAL OF COON HOLLOW BRIDGE - HIGHWAY DEPARTMENT 50. RESOLUTION AUTHORIZING THE ITEMS LISTED BELOW PURSUANT TO THE CLEAN WATER/CLEAN AIR BOND ACT OF 1996 FOR THE COON HOLLOW ROAD STREAMBANK STABILIZATION PROJECT – HIGHWAY DEPARTMENT 51. 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 THEREOF – HIGHWAY DEPARTMENT 52. ACKNOWLEDGE APPOINTMENT TO THE BINGHAMTON UNIVERSITY STATE UNIVERSITY OF NEW YORK (SUNY) MASTER OF PUBLIC ADMINISTRATION PROGRAM (MPA) ADVISORY BOARD 53. RESOLUTION TO APPROVE AN APPLICATION FOR CORRECTED TAX ROLL – TOWN OF HECTOR 54. AUTHORIZE CONTRACT EXTENSION FOR INVESTIGATIVE SERVICES WITH PHILIP BARNES/ AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO PAY FOR SAID EXTENSION- DISTRICT ATTORNEY 55. AUTHORIZE CONTRACT WITH RICHARD PIERCE FOR INVESTIGATIVE SERVICES - DISTRICT ATTORNEY ---PAGE BREAK--- RESOLUTION BY NUMBER - 2007 I 56. AUTHORIZE AN APPLICATION TO THE 2007 JUSTICE ASSISTANCE GRANT (JAG) – SHERIFF’S DEPARTMENT 57. AUTHORIZE A GRANT APPLICATION FOR THE 2006 FIRE PREVENTION AND SAFETY GRANT – EMERGENCY MANAGEMENT 58. AUTHORIZE A CONTRACT WITH ENVIRONMENTAL EMERGENCY SERVICES, INC. - EMERGENCY MANAGEMENT 59. AUTHORIZE AMENDING RESOLUTION NO. 435-06 TITLED “AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN AND TO CREATE AND FILL TWO ASSESSOR POSITIONS – REAL PROPERTY TAX” 60. AUTHORIZE CONTRACT WITH NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR SENATE INITIATIVE FUNDING FOR SENECA HARBOR PARK – BUILDINGS AND GROUNDS 61. AMEND RESOLUTION NO. 27-07 TITLED “ONE-YEAR APPOINTMENTS” 62. AUTHORIZE APPOINTMENTS TO THE SCHUYLER COUNTY PLANNING COMMISSION 63. AUTHORIZE APPOINTMENT TO THE FINGER LAKES RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. 64. AUTHORIZE APPOINTMENTS TO THE ENVIRONMENTAL MANAGEMENT COUNCIL 65. AUTHORIZE APPOINTMENT TO THE COMMUNITY HOME CARE PROFESSIONAL ADVISORY COUNCIL 66. AMEND RESOLUTION NO. 399-06 TITLED “ADOPT STANDARD FOR MANDATORY TRAINING REQUIREMENTS FOR PLANNING COMMISSIONERS” 67. COMMITMENT TO THE SCHUYLER COUNTY PARTNERSHIP FOR ECONOMIC DEVELOPMENT (SCOPED) FOR HIRING THE NATIONAL DEVELOPMENT CORPORATION (NDC) 68. AUTHORIZE THE ESTABLISHED INTERNAL REVENUE SERVICE (IRS) PREVAILING RATE FOR MILEAGE TO BE PAID TO ALL SCHUYLER COUNTY EMPLOYEES SPECIAL MEETING FEBRUARY 27, 2007 69. RATIFICATION OF SPECIAL MEETING 70. APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY ADMINISTRATIVE UNIT ---PAGE BREAK--- RESOLUTION BY NUMBER – 2007 I REGULAR MEETING MARCH 12,2007 71. APPROVE MINUTES OF THE FEBRUARY 12, 2007 REGULAR MEETING AND THE FEBRUARY 27, 2007 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 72. RECOGNIZE MAY 8, 2007 AS CHILDREN’S DEPRESSION AWARENESS DAY - COMMUNITY SERVICES 73. AUTHORIZE CONTRACT WITH ELISABETH MASHINIC, MD FOR PART-TIME CHILD SERVICES FOR 2007 - COMMUNITY SERVICES 74. AUTHORIZE DISTRIBUTION OF FEDERAL SALARY SHARING FUNDS AND AMEND 2007 COUNTY BUDGET - COMMUNITY SERVICES 75. AUTHORIZE CONTRACT WITH JANICE VITALE - PUBLIC HEALTH 76. AMEND RESOLUTION 75-06 DUE TO A COST OF LIVING ADJUSTMENT (COLA) INCREASE IN THE LEAD GRANT - PUBLIC HEALTH 77. AUTHORIZE YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM AND AGREEMENT – YOUTH BUREAU 78. AUTHORIZE GRANT APPLICATION FOR SCHUYLER COUNTY UNITED WAY FOR THE FAMILY PLAY & RESOURCE CENTER – YOUTH BUREAU 79. APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD 80. APPOINTMENT - ADVISORY COUNCIL FOR OFFICE FOR THE AGING 81. AUTHORIZE AN INTERMUNICIPAL AGREEMENT WITH STEUBEN AND YATES COUNTIES – HIGHWAY DEPARTMENT 82. AUTHORIZE A CONTRACT WITH FOOR & ASSOCIATES ARCHITECTS TO REPLACE ROOFS ON THREE COUNTY BUILDINGS – BUILDINGS & GROUNDS 83. ACCEPT/REJECT BIDS AND AUTHORIZE CONTRACT FOR LANDSCAPE WORK AT SENECA HARBOR PARK – BUILDINGS AND GROUNDS 84. ACCEPT QUOTE AND AUTHORIZE A CONTRACT WITH EDGER ENTERPRISES FOR THE REPLACEMENT OF THE KIOSK AT SENECA HARBOR PARK – BUILDINGS AND GROUNDS 85. RESOLUTION TO URGE GOVERNOR SPITZER AND THE NEW YORK STATE LEGISLATURE TO ADVANCE AND EXPEDITE THE TIMETABLES FOR INFRASTRUCTURE PROJECTS 86. PROCLAIM APRIL 22–28, 2007 AS NATIONAL COUNTY GOVERNMENT WEEK 87. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN – HUMAN RESOURCES 88. DECLARE CELL PHONES AS SURPLUS AND AUTHORIZE DONATING THEM TO THE 911 CELL PHONE BANK – PURCHASING ---PAGE BREAK--- RESOLUTION BY NUMBER - 2007 I 89. AUTHORIZE AN AGREEMENT WITH EXTRADEV – INFORMATION TECHNOLOGY 90. AUTHORIZE A LEASE AGREEMENT WITH EASTERN COPIER FOR COPIERS IN THE LEGISLATIVE OFFICE AND THE PUBLIC HEALTH DEPARTMENT – PURCHASING 91. AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME DEPUTY SHERIFF SERGEANT POSITION – SHERIFF’S DEPARTMENT 92. RESOLUTION REQUESTING SPECIAL LEGISLATION REGARDING THE HOUSING OF NEW YORK STATE PAROLE VIOLATORS – SHERIFF’S DEPARTMENT 93. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE AUTHORIZE WORK RELEASE PARTICIPATION AND INCARCERATED INMATES TO PERFORM SERVICES FOR NOT-FOR-PROFIT ORGANIZATIONS – SHERIFF’S DEPARTMENT 94. RESOLUTION TO SET PUBLIC HEARING DATE FOR REVIEW AND MODIFICATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT #2 LOCATED IN THE TOWNS OF READING, DIX, TYRONE AND ORANGE 95. AUTHORIZE AMENDING THE 2007 BUDGET FOR THE ACCEPTANCE OF THE ROYCE HAIGHT COMMUNITY FOUNDATION GRANT - YOUTH BUREAU 96. AUTHORIZE AMENDING THE 2006-2007 AGREEMENT WITH CORNELL COOPERATIVE EXTENSION FOR THE FAMILY PLAY AND RESOURCE CENTER COORDINATION – YOUTH BUREAU 97. AUTHORIZE RATE CHANGE WITH EXCELLUS BLUE CROSS/BLUE SHIELD OF CENTRAL NEW YORK 98. LOCAL LAW INTRO. NO. 1 OF THE YEAR 2007 AMENDING LOCAL LAW NO. 2 OF THE YEAR 1974 TO ADD WORDING TO SECTION 5 AND 7 99. AUTHORIZE AMENDING THE SCHUYLER COUNTY POLICIES AND PROCEDURES MANUAL RELATIVE TO THE TIME CARD POLICY 100. RESOLUTION URGING THE UNITED STATES CONGRESS TO ENACT THE “MEDICAID COUNTY PROTECTION ACT OF 2007” 101. ACKNOWLEDGE APPOINTMENT AND SET SALARY - DIRECTOR OF PATIENT SERVICES POSITION – PUBLIC HEALTH SPECIAL MEETING MARCH 23, 2007 102. RATIFICATION OF SPECIAL MEETING 103. SET PUBLIC HEARING DATE TO CONSIDER THE PROPOSED SUBLEASE BY THE COUNTY OF CERTAIN AREAS WITHIN A CERTAIN 50,160 SQUARE FOOT BUILDING LOCATED AT THE CORNER OF ROUTE 14 AND OWEGO STREET IN THE VILLAGE OF MONTOUR FALLS, NEW YORK ---PAGE BREAK--- RESOLUTION BY NUMBER – 2007 I REGULAR MEETING APRIL 9, 2007 104. APPROVE MINUTES OF THE MARCH 12, 2007 REGULAR MEETING AND THE MARCH 23, 2007 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 105. AUTHORIZE AMENDING THE 2007 BUDGET FOR STOP DWI FUNDS – SHERIFF’S DEPARTMENT 106. AUTHORIZE AN AGREEMENT WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT, ODESSA-MONTOUR CENTRAL SCHOOL DISTRICT AND THE ARC OF SCHUYLER COUNTY TO UTILIZE THEIR FACILITIES AND RESOURCES IN THE EVENT OF A DISASTER OR PUBLIC EMERGENCY – EMERGENCY MANAGEMENT 107. AUTHORIZE CONTRACT WITH THE COLES & ASSOCIATES FOR APPRAISAL SERVICES – EMERGENCY MANAGEMENT 108. RESOLUTION REQUESTING SUPPORT OF A STATEWIDE INITIATIVE BY THE COUNCIL PROBATION ADMINISTRATORS TO ENCOURAGE RESTORATION OF STATE AID TO FIFTY PERCENT – PROBATION DEPARTMENT 109. AUTHORIZE A NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES GRANT FOR BULLETPROOF VESTS – PROBATION DEPARTMENT 110. ACCEPT PROPOSAL FROM REGIONAL COMPUTER RECYCLING & RECOVERY, LLC., FOR THE 2007 USED ELECTRONICS RECYCLING DAY 111. ACCEPT PROPOSAL FROM CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., FOR THE 2007 HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY 112. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2007 AMENDING LOCAL LAW NO. 2 OF THE YEAR 1974 TO ADD WORDING TO SECTION 5 AND 7 FOR THE ENVIRONMENTAL MANAGEMENT COUNCIL 113. RESOLUTION CALLING FOR INSURANCE REFORM TO SAVE THE EARLY INTERVENTION PROGRAM - PUBLIC HEALTH 114. AUTHORIZE CONTRACT WITH PATRICIA CUNNINGHAM, NP FOR SERVICES - COMMUNITY SERVICES 115. AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM JULY 1, 2007 – JUNE 30, 2008 – HEALTH SERVICES 116. RECOGNIZE MAY 6 - 12, 2007 AS NATIONAL NURSES WEEK - HEALTH SERVICES 117. ACCEPT AND APPROVE OF THE WATERSHED PROTECTION AGENCY ONLINE POLICY AND PROCEDURES HANDBOOK - PUBLIC HEALTH 118. ESTABLISH 2007 - 2008 IMMUNIZATION GRANT - PUBLIC HEALTH 119. ESTABLISH 2007 - 2008 LEAD GRANT - PUBLIC HEALTH ---PAGE BREAK--- RESOLUTION BY NUMBER - 2007 I 120. AUTHORIZE CONTRACT WITH COORDINATED CARE SERVICES (CCSI), INC. OF ROCHESTER FOR PLANNING SUPPORT SERVICES - COMMUNITY SERVICES 121. APPOINTMENTS – SCHUYLER COUNTY YOUTH BOARD 122. PROCLAIM THE MONTH OF MAY 2007 AS OLDER AMERICANS MONTH – OFFICE FOR THE AGING 123. AUTHORIZE AN AGREEMENT WITH BACKYARD BROADCASTING FOR ADVERTISING – OFFICE FOR THE AGING 124. AUTHORIZE AN AGREEMENT WITH FINGER LAKES RADIO GROUP FOR ADVERTISING – OFFICE FOR THE AGING 125. AUTHORIZE AN AGREEMENT WITH MARY ELLEN GAGE FOR HICAP TRAINING – OFFICE FOR THE AGING 126. AUTHORIZE CONTRACT EXTENSION WITH THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORICAL PRESERVATION – BUILDINGS & GROUNDS 127. AUTHORIZE CHAIRMAN OF THE LEGISLATURE TO SIGN CONSIGNMENT CONTRACT WITH TEITSWORTH AUCTION SERVICE – HIGHWAY DEPARTMENT 128. ACCEPT/REJECT BIDS FOR TWO TANDEM AXLE TRUCKS WITH PLOW UNITS – HIGHWAY DEPARTMENT 129. ACCEPT/REJECT BIDS FOR ASPHALT EMULSIONS 130. ACCEPT/REJECT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SAND & SELECT GRANULAR FILL 131. ACCEPT/REJECT BIDS FOR COLD MIX STOCK PILE PATCHING MATERIAL 132. ACCEPT/REJECT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SAND & SELECT GRANULAR FILL – HIGHWAY DEPARTMENT 133. ACCEPT/REJECT BIDS FOR GUIDERAIL – HIGHWAY DEPARTMENT 134. ACCEPT/REJECT BIDS FOR PAVEMENT MARKINGS PART A ONLY – HIGHWAY DEPARTMENT 135. ACCEPT/REJECT BIDS FOR GALVANIZED PIPE, FLARED END SECTIONS – HIGHWAY DEPARTMENT 136. ACCEPT/REJECT BIDS FOR READY MIX CONCRETE, CONCRETE RETAINING WALL BLOCKS – HIGHWAY DEPARTMENT 137. ACCEPT/REJECT BIDS FOR ICE CONTROL SAND – HIGHWAY DEPARTMENT 138. ACCEPT/REJECT BIDS FOR CRUSHED STONE (LIMESTONE) CRUSHED GRAVEL 139. ACCEPT/REJECT BIDS FOR SIGNS, SIGN POSTS, EXTENSIONS AND SIGN BLANKS – HIGHWAY DEPARTMENT 140. ACCEPT/REJECT BIDS FOR STEEL PIPE, POLYETHYLENE PIPE, GABION BASKETS, STEEL PLATE & SHOP STEEL – HIGHWAY DEPARTMENT 141. ACCEPT/REJECT BIDS FOR TIRES – HIGHWAY DEPARTMENT 142. ACCEPT/REJECT BIDS FOR TREE AND STUMP REMOVAL – HIGHWAY DEPARTMENT ---PAGE BREAK--- RESOLUTION BY NUMBER – 2007 I 143. ACCEPT/REJECT BIDS FOR HOT MIX ASPHALT CONCRETE AND ASPHALT SPECIFIED IN-PLACE PROJECTS – HIGHWAY DEPARTMENT 144. ACCEPT/REJECT BIDS FOR COON HOLLOW BRIDGE REMOVAL – HIGHWAY DEPARTMENT 145. AMEND RESOLUTION NO. 377-06 TITLED “INSURANCE BUY-OUT PROGRAM FOR ALL COUNTY EMPLOYEES” 146. AMEND THE ADMINISTRATIVE POLICY FOR ALL DEPARTMENTS – HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) 147. RECOGNIZE WEEK OF APRIL 15, 2007 THROUGH APRIL 21, 2007 AS “NATIONAL VOLUNTEER WEEK” 148. AUTHORIZE TRANSFER OF FUNDS TO TOWN OF HECTOR FOR THE SALE OF TIMBER ON FEDERALLY OWNED ENTITLEMENT LAND 149. DECLARE MISCELLANEOUS EQUIPMENT JUNK/DISPOSED – PURCHASING 150. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO RENEW THE ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW 151. RESOLUTION APPROVING AND AUTHORIZING THE ISSUANCE OF CERTAIN TAX-EXEMPT REVENUE BONDS BY THE SCHUYLER COUNTY HUMAN SERVICES DEVELOPMENT CORPORATION AND THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS 152. RESOLUTION TO DECLARE 2004 TAX MAP SET SURPLUS – REAL PROPERTY TAX SERVICE 153. AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS & SURVEYORS FOR DESIGN WORK – BUILDINGS & GROUNDS 154. AUTHORIZE CONTRACT WITH WILSON RESTAURANT EQUIPMENT – BUILDINGS & GROUNDS 155. MOTION TO BRING ONE ADDITIONAL RESOLUTION TO THE FLOOR 156. RESCIND RESOLUTION NO. 101-07 TITLED “ACKNOWLEDGE APPOINTMENT AND SET SALARY - DIRECTOR OF PATIENT SERVICES POSITION – PUBLIC HEALTH” REGULAR MEETING MAY 14, 2007 157. APPROVE MINUTES OF THE APRIL 9, 2007 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 158. AUTHORIZE AMENDING RESOLUTION NO. 36-07 TITLED “AMENDING RESOLUTION 344-06 TO ESTABLISH 2006 - 2007 EARLY INTERVENTION/CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT - PUBLIC HEALTH” ---PAGE BREAK--- RESOLUTION BY NUMBER - 2007 I 159. AUTHORIZE AMENDING THE EARLY INTERVENTION PROVIDERS CONTRACTS - PUBLIC HEALTH 160. AUTHORIZE AMENDING THE CONTRACT WITH FINGER LAKES PARENT NETWORK, INC. - COMMUNITY SERVICES 161. AUTHORIZE A CONTRACT WITH CATHOLIC CHARITIES OF CHEMUNG/SCHUYLER COUNTIES FOR SUPPORTED HOUSING SERVICES AND AUTHORIZE AMENDING THE 2007 BUDGET - COMMUNITY SERVICES 162. APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD 163. AUTHORIZE GRANT APPLICATION FOR THE OFFICE OF CHILDREN AND FAMILY SERVICES (OCFS) TRUST FUND GRANT – YOUTH BUREAU 164. AUTHORIZE GRANT APPLICATION FOR THE OFFICE OF PUBLIC HEALTH AND SCIENCE GRANT – YOUTH BUREAU 165. PROCLAIM JUNE 15, 2007 AS ELDER ABUSE AWARENESS DAY 166. AUTHORIZATION TO ENTER INTO A COLLABORATIVE AGREEMENT WITH YATES COUNTY AND SCHUYLER COMMUNITY SERVICES BOARD - SOCIAL SERVICES 167. AUTHORIZE ADVERTISING FOR BIDS TO REPLACE ROOFS ON THREE COUNTY BUILDINGS – BUILDINGS AND GROUNDS 168. AUTHORIZE ADVERTISING FOR BIDS FOR THE PURCHASE AND INSTALLATION OF A SECURITY SYSTEM FOR CERTAIN COUNTY BUILDINGS – BUILDINGS & GROUNDS 169. AUTHORIZE ADVERTISING FOR BIDS FOR THE CONSTRUCTION OF STILLWELL ROAD BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT 170. AUTHORIZE ADVERTISING FOR BIDS FOR COUNTY ROUTE 23 CULVERT REPLACEMENT – HIGHWAY DEPARTMENT 171. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2007 SETTING THE SALARY FOR THE POSITION OF COUNTY TREASURER 172A. MOTION TO TABLE RESOLUTION NO. 172 172. ADOPT AN UPDATED INVESTMENT POLICY – TREASURER’S OFFICE – TABLED 173. DECLARE VARIOUS EQUIPMENT SURPLUS/JUNK – PURCHASING 174. APPOINTMENT – SCHUYLER COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL 175. PROCLAIM THE WEEK OF MAY 20-26, 2007 AS EMERGENCY MEDICAL SERVICES WEEK – EMERGENCY MANAGEMENT 176. APPOINTMENT – COUNTY CORONER 177. APPOINTMENTS – SCHUYLER COUNTY PLANNING COMMISSION 178. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.4950 AND ASSEMBLY BILL A.7838 AUTHORIZING AN ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW ---PAGE BREAK--- RESOLUTION BY NUMBER – 2007 I 179. AUTHORIZE CONTRACT EXTENSION WITH THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR THE COMPLETION OF THE SCHUYLER COUNTY WATER AND SEWER EXTENSION PROJECT 180. AUTHORIZE INCREASE IN HOURS AND ACKNOWLEDGE APPOINTMENT OF THE LEGAL SECRETARY POSITION – COUNTY ATTORNEY’S OFFICE 181. AUTHORIZE AMENDING RESOLUTION NO. 393-06 TITLED “APPROVAL OF THE OFFICE FOR THE AGING 2007 ANNUAL IMPLEMENTATION PLAN FOR THE OLDER AMERICANS ACT AND NYS COMMUNITY SERVICES FOR THE ELDERLY PROGRAMS” – OFFICE FOR THE AGING 182. ACCEPT PROPOSAL AND AUTHORIZE AGREEMENT WITH HUNT ENGINEERS, ARCHITECTS & LAND SURVEYORS, P.C. FOR A FIBER OPTIC OUTSIDE PLANT DESIGN – INFORMATION TECHNOLOGY SPECIAL MEETING MAY 23 ,2007 183. RATIFICATION OF SPECIAL MEETING 184. PROCLAIM JUNE 1, 2007, “CANCER SURVIVORS’ DAY” IN SCHUYLER COUNTY 185. AUTHORIZE ACCEPTANCE OF THE STIPULATION AND ORDER FROM THE DEPARTMENT OF HEALTH – PUBLIC HEALTH REGULAR MEETING June 11, 2007 186. APPROVE MINUTES OF THE MAY 7, 2007 PUBLIC HEARING, THE MAY 14, 2007 REGULAR MEETING AND THE MAY 23, 2007 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 187. AUTHORIZE A CONTRACT AMENDMENT WITH WESLEY ROE, ESQ. – PUBLIC DEFENDER’S OFFICE 188. AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH EMERGENCY MANAGEMENT, NEW YORK STATE POLICE AND THE VILLAGE OF WATKINS GLEN POLICE DEPARTMENT – SHERIFF’S OFFICE / EMERGENCY MANAGEMENT 189. AUTHORIZE THE CREATION AND FILLING OF TWO PART-TIME REGISTERED PROFESSIONAL NURSE POSITIONS – SHERIFF’S OFFICE 190. AUTHORIZE THE CREATION AND FILLING OF SIX PART-TIME DEPUTY SHERIFF POSITIONS – SHERIFF’S OFFICE 191. AUTHORIZE GRANT APPLICATION WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES – SHERIFF’S OFFICE 192. AUTHORIZE GRANT APPLICATION FOR THE LOCAL EMERGENCY MANAGEMENT PERFORMANCE GRANT – EMERGENCY MANAGEMENT ---PAGE BREAK--- RESOLUTION BY NUMBER - 2007 I 193. AUTHORIZE APPLICATION FOR REIMBURSEMENT OF ELIGIBLE COSTS ASSOCIATED WITH WIRELESS E-911 SERVICES – EMERGENCY MANAGEMENT 194. AUTHORIZE GRANT APPLICATION FOR US HOMELAND SECURITY COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM (CEDAP) – EMERGENCY MANAGEMENT 195. AUTHORIZE APPLICATION AND CONTRACT FOR 2007/2008 NEW YORK STATE AID TO PROSECUTION GRANT - DISTRICT ATTORNEY 196. AUTHORIZE A CONTRACT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR A VIOLENCE AGAINST WOMEN GRANT - DISTRICT ATTORNEY 197. AUTHORIZE A GRANT APPLICATION WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE 2007/2008 NEW YORK STATE VIOLENCE AGAINST WOMEN GRANT – ONE TIME ONLY - DISTRICT ATTORNEY 198. 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/MILL POND 199. 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 200. AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD – COMMUNITY SERVICES 201. AUTHORIZE APPOINTMENT TO THE PROFESSIONAL ADVISORY COMMITTEE - PUBLIC HEALTH 202. AUTHORIZE AN INTER-MUNICIPAL AGREEMENT WITH THE TOWNS OF ORANGE AND TYRONE FOR WASTEWATER MANAGEMENT - PUBLIC HEALTH 203. AUTHORIZE A CONTRACT WITH ACCESS SYSTEMS FOR CONSULTANT SERVICES - HEALTH SERVICES 204. AUTHORIZE A CONTRACT WITH CAROL FIORELLA TO PROVIDE RESPITE SERVICES FOR CHILDREN - COMMUNITY SERVICES 205. AUTHORIZE A CONTRACT RENEWAL WITH SCHUYLER COUNTY YOUTH BUREAU FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH 206. ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES 2007-2008 – PUBLIC HEALTH 207. LOCAL LAW INTRO. NO. 3 OF THE YEAR 2007 AMENDING LOCAL LAW NO. 4 OF THE YEAR 2001 TO INCREASE THE MINIMUM ALTERNATIVE VETERAN’S EXEMPTION IN ACCORDANCE WITH REAL PROPERTY TAX LAW SECTION 458-A 208. AUTHORIZE A GRANT APPLICATION FOR A TRIANGLE FUND GRANT – YOUTH BUREAU 209. APPOINTMENT - SCHUYLER COUNTY YOUTH BOARD ---PAGE BREAK--- RESOLUTION BY NUMBER – 2007 I 210. AUTHORIZATION TO INCREASE FAMILY FOSTER CARE RATES, ADOPTION SUBSIDY RATES AND CLOTHING RATES – SOCIAL SERVICES 211. AUTHORIZE AN AGREEMENT WITH CATHOLIC CHARITIES AND THE SCHUYLER COUNTY YOUTH BUREAU FOR A SUMMER YOUTH EMPLOYMENT PROGRAM (SYEP) 212. AUTHORIZE AN AGREEMENT WITH CATHOLIC CHARITIES FOR THE TEEN CENTER/BLUE NOTE CAFÉ – SOCIAL SERVICES 213. AUTHORIZE AN AGREEMENT WITH CORNELL COOPERATIVE EXTENSION FOR THE PARENTS APART PROGRAM – SOCIAL SERVICES 214. AUTHORIZE AN AMENDMENT TO THE WATKINS GLEN YOUTH CENTER-CATHOLIC CHARITIES AGREEMENT – SOCIAL SERVICES 215. RESOLUTION IN SUPPORT OF INCREASED AVAILABILITY OF HEALTH CARE PROVIDERS FOR THE EMPIRE INSURANCE PLAN PROVIDING PHYSICAL THERAPY SERVICES IN SCHUYLER COUNTY 216. ACCEPT/REJECT BIDS FOR ROOF REPLACEMENT ON THREE COUNTY BUILDINGS – BUILDINGS AND GROUNDS 217. AUTHORIZE AN AGREEMENT WITH HUNT ENGINEERS, ARCHITECTS AND SURVEYORS FOR MILLWORK DESIGN FOR THE NEW HUMAN SERVICES BUILDING – BUILDINGS AND GROUNDS 218. AUTHORIZE A CONTRACT EXTENSION AND INCREASE WITH RAMSEY CONSTRUCTORS FOR THE COMPLETION OF COUNTY ROUTE 5 BRIDGE OVER TUG HOLLOW CREEK – HIGHWAY DEPARTMENT 219. AUTHORIZE A SUPPLEMENTAL AGREEMENT WITH BARTON & LOGUDICE FOR THE CONSTRUCTION INSPECTION OF STILLWELL BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT 220. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2007 SETTING THE SALARY FOR THE POSITION OF COUNTY TREASURER 221. AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW 222. RESOLUTION URGING THE NEW YORK STATE GOVERNOR AND THE STATE LEGISLATURE TO AMEND THE GENERAL CONSTRUCTION LAW TO PERMIT LOCAL GOVERNMENTS TO DESIGNATE AS A LEGAL NEWSPAPER, A PAPER OR PUBLICATION WHICH DOES NOT HAVE A PAID CIRCULATION 223. AUTHORIZE A CONTRACT WITH FAMILY SERVICES OF CHEMUNG COUNTY, INC. TO PROVIDE AN EMPLOYEE ASSISTANCE PROGRAM FOR ALL COUNTY EMPLOYEES 224. APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY ROAD PATROL ASSOCIATION 225. AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE SCHUYLER COUNTY ROAD PATROL ASSOCIATION ---PAGE BREAK--- RESOLUTION BY NUMBER - 2007 I 226. AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. HIGHWAY UNIT 227. ADOPT AN UPDATED INVESTMENT POLICY – TREASURER’S OFFICE 228. AUTHORIZE AMENDING THE SCHUYLER COUNTY CELLULAR PHONE POLICY 229. AUTHORIZE THE CREATION AND FILLING OF A TEMPORARY MOTOR VEHICLE LICENSE CLERK TRAINEE POSITION IN THE DEPARTMENT OF MOTOR VEHICLES (DMV) – COUNTY CLERK 230. ACKNOWLEDGE APPOINTMENTS OF VOTING MACHINE CUSTODIANS – BOARD OF ELECTIONS 231. AUTHORIZE AMENDING RESOLUTION NO. 437-06 TITLED “AUTHORIZE CONTRACT RENEWAL WITH WEILER MAPPING INC. FOR TAX MAP SERVICES – REAL PROPERTY TAX AGENCY” TO INCREASE THE CONTRACT PRICE – REAL PROPERTY TAX AGENCY 232. APPOINTMENT – ENVIRONMENTAL MANAGEMENT COUNCIL SPECIAL MEETING JUNE 27, 2007 233. RATIFICATION OF SPECIAL MEETING 234. AUTHORIZE AN AGREEMENT WITH VERIZON NEW YORK, INC. FOR POLE ATTACHMENT – BUILDINGS AND GROUNDS SPECIAL MEETING JULY 5, 2007 235. RATIFICATION OF SPECIAL MEETING 236A. MOTION TO AMEND RESOLUTION NO. 236 236. A RESOLUTION TO FORWARD COMMENTS FROM THE LEGISLATURE TO THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGARDING APPLICATION ID 8- 4424-00006/00001, PADUA GRAVEL BANK, IT’S GREENER NOW, INC., IN THE TOWN OF DIX – AS AMENDED 237. APPROVE SICK LEAVE BANK FOR SHARLENE PARKER REGULAR MEETING JULY 9, 2007 238. APPROVE MINUTES OF THE JUNE 11, 2007 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 239. AUTHORIZE AMENDING THE 2007 BUDGET FOR INDIGENT LEGAL SERVICES FUNDS – PUBLIC DEFENDER 240. AUTHORIZE APPLICATION TO FY 2007 EDWARD BYRNE MEMORIAL BYRNE DISCRETIONARY GRANTS PROGRAM ---PAGE BREAK--- RESOLUTION BY NUMBER – 2007 I 241. AUTHORIZE RENEWAL OF THE 2007 AGREEMENT WITH GOVERNMENT PAYMENT SERVICES (GPS) FOR COLLECTION SERVICES – PROBATION DEPARTMENT 242. AUTHORIZE AN AGREEMENT WITH THE NEW YORK STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES TO ACCEPT STATE AID FUNDS FOR LEVEL II AND III SEX OFFENDERS – PROBATION DEPARTMENT 243. AUTHORIZE TRANSFER OF FUNDS IN THE AMOUNT OF $10,000 FROM CONTINGENCY FOR THE PURPOSE OF FUNDING DEVELOPMENT OF AN ENVIRONMENTAL MASTER PLAN FOR SCHUYLER COUNTY 244. DESIGNATION OF THE SCHUYLER COUNTY LEGISLATURE AS THE LEAD AGENCY FOR SEQR REVIEW OF AGRICULTURAL DISTRICT #2 – AS AMENDED BY RESOLUTION NO. 297-07 245. AUTHORIZE TRANSFER OF FUNDS IN THE AMOUNT OF $10,000 FROM CONTINGENCY TO PAY THE FRIENDS OF THE CATHARINE VALLEY TRAIL 246. AUTHORIZE TRANSFER OF FUNDS IN THE AMOUNT OF $10,000 FROM CONTINGENCY TO PAY FOR NATIONAL DEVELOPMENT CORPORATION SERVICES THROUGH THE SCHUYLER COUNTY PARTNERSHIP FOR ECONOMIC DEVELOPMENT (SCOPED) 247. AUTHORIZE AMENDMENT TO THE EARLY INTERVENTION BUDGET TO INCORPORATE A COST OF LIVING ADJUSTMENT (COLA) INCREASE AND AUTHORIZE AMENDING THE 2007 BUDGET - PUBLIC HEALTH 248. AUTHORIZE CONTRACT WITH THE ARC OF SCHUYLER COUNTY FOR SERVICE COORDINATION SERVICES FOR EARLY INTERVENTION - PUBLIC HEALTH 249. AUTHORIZE AGREEMENT WITH TENELEVEN GROUP, INC. FOR PURCHASE AND INSTALLATION OF AN ELECTRONIC CASE RECORD BILLING SYSTEM 250. AUTHORIZE AMENDING THE 2007 MENTAL HEALTH BUDGET TO PURCHASE CHAIRS FOR THE MENTAL HEALTH CLINIC WAITING ROOM - HEALTH SERVICES 251. AUTHORIZE AGREEMENT WITH MCBEE ASSOCIATES, INC. FOR MEDICARE REVENUE RECOVERY SERVICES - PUBLIC HEALTH 252. AUTHORIZE CREATION AND FILLING OF THREE NURSING SUPERVISOR POSITIONS - PUBLIC HEALTH 253. AUTHORIZE CONTRACT AMENDMENT WITH THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES AND AUTHORIZE AMENDING THE 2007 BUDGET - COMMUNITY SERVICES 254. AUTHORIZE CONTRACT AMENDMENT WITH FINGER LAKES ADDICTIONS AND COUNSELING REFERRAL AGENCY (FLACRA), AND AUTHORIZE AMENDING THE 2007 BUDGET - COMMUNITY SERVICES ---PAGE BREAK--- RESOLUTION BY NUMBER - 2007 I 255. APPOINTMENTS - SCHUYLER COUNTY YOUTH BOARD 256. ESTABLISH $50 PETTY CASH FUND AND APPROPRIATE CONTROLS FOR OFFICE FOR THE AGING 257. LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 4 OF THE YEAR 2007 AMENDING LOCAL LAW NO. 4 OF THE YEAR 2001 TO INCREASE THE MINIMUM ALTERNATIVE VETERAN’S EXEMPTION IN ACCORDANCE WITH REAL PROPERTY TAX LAW SECTION 458-A 258. APPOINTMENTS – SCHUYLER COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL 259. RESOLUTION IN SUPPORT OF REQUESTED FUNDING FOR THE APPALACHIAN REGIONAL COMMISSION (ARC) NON-HIGHWAY PROGRAM IN FISCAL YEAR 2008 260. ACCEPT/REJECT BIDS AND AUTHORIZE AN AGREEMENT FOR THE CONSTRUCTION OF STILLWELL ROAD BRIDGE REPLACEMENT PROJECT – HIGHWAY DEPARTMENT 261. ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS 262. AUTHORIZE AMENDMENT TO THE AGREEMENT WITH NELSON/NYGAARD FOR TRANSIT NEEDS ASSESSMENT SERVICES 263. AUTHORIZE ONE RESOLUTION BE BROUGHT TO THE FLOOR 264. AUTHORIZATION TO ADVERTISE FOR BIDS TO PURCHASE NEW KITCHEN EQUIPMENT – BUILDINGS AND GROUNDS REGULAR MEETING AUGUST 13, 2007 265. APPROVE MINUTES OF THE JUNE 27, 2007 SPECIAL MEETING, THE JULY 5, 2007 SPECIAL MEETING AND THE JULY 9, 2007 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 266. RECOGNIZE SATURDAY, SEPTEMBER 8, 2007 AS WORLD RABIES DAY - PUBLIC HEALTH 267. RECOGNIZE SEPTEMBER 2007 AS NATIONAL CHOLESTEROL EDUCATION MONTH - PUBLIC HEALTH 268. AUTHORIZE ADOPTION OF A REVISED FEE SCHEDULE FOR HOME HEALTH SERVICES - PUBLIC HEALTH 269. AUTHORIZE AN AMENDMENT TO THE CONTRACT WITH THE ARC OF SCHUYLER COUNTY, INC. FOR 2007 - COMMUNITY SERVICES 270. AUTHORIZE A CONTRACT WITH DIANE DOUGHTY, OCCUPATIONAL THERAPIST - PUBLIC HEALTH 271. AUTHORIZE THE CONTINUATION OF 35 HOURS A WEEK FOR THE YOUTH PROGRAM COORDINATOR’S POSITION -YOUTH BUREAU 272. PROCLAIM SEPTEMBER 2007 AT YOUTH COURT MONTH- “EMPOWERING YOUTH, EXPERIENCING JUSTICE” – YOUTH BUREAU 273. AUTHORIZE AN AGREEMENT WITH CHEMUNG CANAL TRUST COMPANY FOR ELECTRONIC TRANSFERS – OFFICE FOR THE AGING ---PAGE BREAK--- RESOLUTION BY NUMBER – 2007 I 274. AUTHORIZATION TO RETAIN INDEPENDENT COUNSEL – SOCIAL SERVICES 275. ACCEPT/REJECT BIDS FOR PURCHASE AND INSTALLATION OF A SECURITY SYSTEM AND A FIRE ALARM SYSTEM FOR CERTAIN COUNTY BUILDINGS – BUILDINGS AND GROUNDS 276. ACCEPT/REJECT BIDS FOR INSTALLATION OF FIBER OPTICS – BUILDINGS AND GROUNDS 277. AUTHORIZE AMENDING THE 2007 CENTRAL SERVICES BUDGET – BUILDINGS AND GROUNDS 278. AUTHORIZE A CONTRACT WITH THE NEW YORK STATE DEPARTMENT OF STATE FOR THE SHARED SERVICES GRANT FOR THE CENTRALIZED RECORDS MANAGEMENT FACILITY – RECORDS MANAGEMENT 279. ACCEPT/REJECT BIDS FOR PURCHASE AND INSTALLATION OF MILLWORK FOR THE HUMAN SERVICES BUILDING – BUILDINGS AND GROUNDS 280. AUTHORIZE AN AGREEMENT WITH HUNT ENGINEERS, ARCHITECTS & SURVEYORS FOR LICENSED ENGINEERING SERVICES – BUILDINGS AND GROUNDS 281. 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 282. ADOPT POLICY GUIDELINES FOR IMPLEMENTATION OF PROSTATE CANCER SCREENING LEAVE TIME 283. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES 284. AUTHORIZE ADDITIONAL FUNDING FOR THE FACILITIES AND GROUNDS CAPITAL RESERVE ACCOUNT FOR 2007 – BUILDINGS AND GROUNDS 285. AUTHORIZE AN AMENDMENT TO THE CONTRACT WITH NTS DATA SERVICES, LLC – BOARD OF ELECTIONS 286. AUTHORIZE GRANT APPLICATIONS FOR THE HAVA FUNDING – BOARD OF ELECTIONS 287. AUTHORIZE AN INCREASE FROM $20 TO $50 IN THE PETTY CASH FUND FOR THE BOARD OF ELECTIONS 288. ACCEPT/REJECT BIDS FOR THE SALE OF THE 2004 TAX MAP SET – REAL PROPERTY TAX 289. AUTHORIZE RE-APPOINTMENT OF THE REAL PROPERTY TAX DIRECTOR 290. AUTHORIZE AMENDING RESOLUTION NO. 311-06 TITLED “AUTHORIZE AN INTER-MUNICIPAL AGREEMENT WITH THE TOWNS TO PROVIDE COUNTY WIDE ASSESSING SERVICES – REAL PROPERTY TAX” ---PAGE BREAK--- RESOLUTION BY NUMBER - 2007 I 291. AUTHORIZE A CONTRACT WITH VAN HARP FOR WORKPLACE SAFETY ASSESSMENT – HUMAN RESOURCES 292. AUTHORIZE SALE OF COUNTY TAX PARCEL TO STACKHOUSE – COUNTY ATTORNEY 293. ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS 294. AUTHORIZE AN AGREEMENT WITH THE SCHUYLER COUNTY CHAPTER NYSARC, INC. FOR TRANSPORTATION – OFFICE FOR THE AGING 295. AUTHORIZE ADVERTISING FOR BIDS FOR THE PURCHASE AND INSTALLATION OF A NEW TELEPHONE SYSTEM FOR ALL COUNTY BUILDINGS – BUILDINGS & GROUNDS 296. MOTION TO BRING ONE RESOLUTION TO THE FLOOR 297. AUTHORIZE AMENDING RESOLUTION NO. 244-07 TITLED “DESIGNATION OF THE SCHUYLER COUNTY LEGISLATURE AS THE LEAD AGENCY FOR SEQR REVIEW OF AGRICULTURAL DISTRICT SPECIAL MEETING AUGUST 22, 2007 298. RATIFICATION OF SPECIAL MEETING 299. ACCEPT/REJECT BIDS FOR THE PURCHASE AND INSTALLATION OF A NEW TELEPHONE SYSTEM FOR ALL COUNTY BUILDINGS – BUILDINGS AND GROUNDS REGULAR MEETING AUGUST 10, 2007 300. APPROVE MINUTES OF THE AUGUST 13, 2007 REGULAR MEETING AND THE AUGUST 22, 2007 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 301. AUTHORIZE THE CREATION AND FILLING OF ONE FULL-TIME CORRECTION OFFICER POSITION – SHERIFF’S OFFICE 302. AUTHORIZE THE STOP DWI PLAN FOR THE YEAR 2008 – SHERIFF’S OFFICE 303. AGREEMENT TO BE LOCAL SPONSOR FOR SNOWMOBILE TRAILS GRANT APPLICATION FOR SNOWMOBILE CLUBS FOR 2007 – 2008 304. RESOLUTION REQUESTING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF NEW YORK TO PROVIDE FUNDING FOR ACTIVITIES RELATED TO THE ASSESSMENT AND REHABILITATION OF HAZARD CLASS DAMS 305. AUTHORIZE THE CREATION OF AND APPOINTMENTS TO THE IMPLEMENTATION AND OVERSIGHT SUBCOMMITTEE FOR THE SCHUYLER COUNTY TRANSPORTATION PLAN ---PAGE BREAK--- RESOLUTION BY NUMBER – 2007 I 306. AUTHORIZE CONTRACT WITH KEEGAN ASSOCIATES, INC. FOR THE LONG TERM CARE INSURANCE EDUCATION AND OUTREACH PROGRAM (LTCIEOP) MEDIA CAMPAIGN – OFFICE FOR THE AGING 307. AUTHORIZE CONTRACT WITH NANCY FUHR BONN FOR EARLY INTERVENTION SERVICES - PUBLIC HEALTH 308. AUTHORIZE CONTRACT WITH NANCY FUHR BONN FOR PRESCHOOL RELATED SERVICES - PUBLIC HEALTH 309. AUTHORIZE AMENDING THE CONTRACT WITH BARBARA HISLOP, SPEECH THERAPIST FOR PRESCHOOL SPECIAL EDUCATION SERVICES - PUBLIC HEALTH 310. AUTHORIZE CONTRACT WITH THOMAS H. DENNISON FOR CONSULTANT SERVICES - PUBLIC HEALTH 311. AUTHORIZE CONTRACT WITH DIANE DOHERTY, OCCUPATIONAL THERAPIST FOR EARLY INTERVENTION SERVICES - PUBLIC HEALTH 312. AUTHORIZE AMENDING THE CONTRACT WITH PEDIATRIC PHYSICAL AND OCCUPATIONAL THERAPY SERVICES PLLC, FOR PRESCHOOL SERVICES - PUBLIC HEALTH 313. AUTHORIZE AMENDING THE 2007 BUDGET FOR CHILD AND FAMILY CLINIC PLUS START-UP FUNDING – COMMUNITY SERVICES 314. AUTHORIZE A CONTRACT RENEWAL WITH WORKFORCE NEW YORK FOR OPERATION OF THE WATKINS GLEN ONE-STOP CAREER CENTER – SOCIAL SERVICES 315. ACCEPT/REJECT BIDS FOR PURCHASE AND INSTALLATION OF NEW KITCHEN EQUIPMENT – BUILDINGS AND GROUNDS 316. ACCEPT CONTRACT EXTENSION WITH SILVERLINE CONSTRUCTION FOR MISCELLANEOUS STRUCTURAL MAINTENANCE AND RECONSTRUCTION OF BRIDGES, CULVERTS, GUIDERAIL, ETC. – HIGHWAY DEPARTMENT 317. AUTHORIZE WATER QUALITY IMPROVEMENT PROJECTS AND NONAGRICULTURAL NON-POINT SOURCE AND AQUATIC HABITAT RESTORATION PROJECTS – HIGHWAY DEPARTMENT 318. AUTHORIZE AN AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) FOR THE PURCHASE OF A BULLDOZER – HIGHWAY DEPARTMENT 319. AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR CONFERENCE EXPENSES – COUNTY ADMINISTRATOR 320. AUTHORIZE REQUEST FOR PROPOSALS FOR PROPERTY/CASUALTY INSURANCE – COUNTY ADMINISTRATOR 321. AUTHORIZE AMENDING THE AGREEMENT WITH VENESKY & COMPANY FOR CONSULTANT SERVICES FOR THE NEW HUMAN SERVICES BUILDING – TREASURER’S OFFICE 322. RECOGNITION OF OCTOBER 14-20, 2007 AS “DRUG-FREE WORKWEEK” 323. ADOPT REVISED SCHUYLER COUNTY ADMINISTRATIVE MANUAL – HUMAN RESOURCES ---PAGE BREAK--- RESOLUTION BY NUMBER - 2007 I 324. AUTHORIZE ESTABLISHMENT OF SICK LEAVE BANK FOR NON- UNION EMPLOYEES 325. SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE” – TREASURER’S OFFICE 326. AUTHORIZE AN AGREEMENT WITH WILLIAMS OFFICE MACHINES, INC. FOR TYPEWRITER MAINTENANCE – COUNTY CLERK 327. ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS – BOARD OF ELECTIONS 328. ADOPT A SCHUYLER COUNTY CYBER SECURITY CITIZEN’S NOTIFICATION POLICY – INFORMATION TECHNOLOGY 329. AUTHORIZE A CONTRACT RENEWAL WITH CHEMUNG COUNTY FOR REAL PROPERTY TAX DIRECTOR SERVICES 330. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR FULL-TIME ASSESSOR POSITION – REAL PROPERTY TAX 331. RESOLUTION TO DECLARE A NEGATIVE DECLARATION SEQR FOR AGRICULTURAL DISTRICT #2 332. Omitted 333. RESOLUTION TO APPROVE AN APPLICATION FOR CORRECTED TAX ROLL – TOWN OF HECTOR 333A. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE PURCHASING SPECIALIST – TREASURER’S OFFICE 334. ACCEPT/REJECT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED 335. AUTHORIZE THE CREATION AND FILLING OF AN INFORMATION PROCESSING SPECIALIST POSITION – INFORMATION TECHNOLOGY 336. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR PERSONAL SECRETARY OF THE LEGISLATURE/AUTHORIZE TRANSFER OF FUNDS – LEGISLATIVE OFFICE SPECIAL MEETING SEPTEMBER 18, 2007 337. RATIFICATION OF SPECIAL MEETING 338. ACCEPT THE VILLAGE OF MONTOUR FALLS OFFER TO ACQUIRE REAL PROPERTY REGULAR MEETING OCTOBER 9, 2007 339. APPROVE MINUTES OF THE SEPTEMBER 10, 2007 PUBLIC HEARING, SEPTEMBER 10, 2007 REGULAR MEETING AND THE SEPTEMBER 18, 2007 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 340. AUTHORIZE AMENDING THE 2007 BUDGET FOR HECTOR PATROL – SHERIFF’S OFFICE 341. AUTHORIZE AMENDING THE 2007 BUDGET FOR THE BIOTERRORISM AGREEMENT WITH PUBLIC HEALTH – EMERGENCY MANAGEMENT ---PAGE BREAK--- RESOLUTION BY NUMBER – 2007 I 342. AUTHORIZE GRANT APPLICATION FOR STATE HOMELAND SECURITY PROGRAM – EMERGENCY MANAGEMENT & LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM – SHERIFF 343. AUTHORIZE TRANSFER OF FUNDS TO PURCHASE LOW BAND BASE STATION FOR FIRE SERVICES– EMERGENCY MANAGEMENT 344. REQUEST THAT THE NEW YORK STATE LEGISLATURE AND GOVERNOR ENACT LEGISLATION TO ALLOW COUNTIES TO ENTER INTO SHARED SERVICE AGREEMENTS FOR WEIGHTS & MEASURES SERVICES 345. AUTHORIZE CHANGE ORDER NUMBER ONE WITH J&B INSTALLATIONS, INC. - BUILDINGS AND GROUNDS 346. AUTHORIZE LEASE AGREEMENTS WITH THE YOUTH BUREAU, HEAD START AND OFFICE FOR THE AGING - BUILDINGS AND GROUNDS – AS AMENDED BY RESOLUTION NO. 414-07 347. AUTHORIZE MAINTENANCE AGREEMENT RENEWAL WITH EMERGENCY POWER SYSTEMS, INC. – BUILDINGS AND GROUNDS 348. AUTHORIZE TRANSFER OF FUNDS FOR THE LEASE HOLD IMPROVEMENT EXPENSES FOR THE NEW HUMAN SERVICES BUILDING – BUILDINGS AND GROUNDS – AS AMENDED BY RESOLUTION NO. 398-07 349. ACCEPT/REJECT BIDS FOR ONE USED EXCAVATOR/AUTHORIZE INTER-MUNICIPAL AGREEMENT WITH TOWN OF HECTOR – HIGHWAY DEPARTMENT 350. ACCEPT PROPOSAL FROM DICKS ENTERPRISES FOR DEER CARCASS REMOVAL - HIGHWAY DEPARTMENT 351. AUTHORIZE AMENDING THE 2007 COUNTY ROAD FUND BUDGET – HIGHWAY DEPARTMENT 352. ACCEPT/REJECT BIDS FOR ONE HYDROSEEDER – HIGHWAY DEPARTMENT 353. RESOLUTION IN SUPPORT OF DEVELOPING AN ALTERNATE SOLUTION TO REMOVE THE BAN ON HEAVY TRUCK TRAFFIC ON CORNING HILL – STATE ROUTE 414 354. AUTHORIZE MUNICIPAL AGREEMENT FOR LAMOKA/WANETA LAKES ONSITE WASTEWATER TREATMENT IMPROVEMENT PROGRAM - PUBLIC HEALTH 355. RECOGNIZE NOVEMBER 2007 AS NATIONAL DIABETES MONTH - PUBLIC HEALTH 356. AUTHORIZE CONTRACT RENEWAL WITH HEALTH RESEARCH, INC. AND ESTABLISH THE 2007 - 2008 BIOTERRORISM GRANT - PUBLIC HEALTH 357. AUTHORIZE AMENDING THE 2007 BUDGET FOR THE PURCHASE OF VEHICLES WITH FEDERAL SALARY SHARING FUNDS - COMMUNITY SERVICES 358. AUTHORIZE AMENDING THE 2007 BUDGET FOR ADDITIONAL STATE AID – COMMUNITY SERVICES ---PAGE BREAK--- RESOLUTION BY NUMBER - 2007 I 359. AUTHORIZE CERTIFICATION OF THE 2006 COST ALLOCATION PLAN – SOCIAL SERVICES 360. RESOLUTION SUPPORTING UNIVERSAL ACCESS TO COMPREHENSIVE, AFFORDABLE, HIGH-QUALITY HEALTH CARE THROUGH A SINGLE PAYER FINANCING MECHANISM FOR ALL AMERICANS - AN EXPANDED MEDICARE FOR ALL IN NEW YORK STATE AND THE NATION 361. LOCAL LAW INTRO. NO. 4 OF THE YEAR 2007 SETTING THE SALARY FOR THE CHAIRMAN OF THE LEGISLATURE FOR THE YEAR 2008 362. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2007 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2008 363. ADOPT SCHUYLER COUNTY BLOODBORNE PATHOGENS AND EXPOSURE CONTROL PLAN 364. AUTHORIZE INTERMUNICIPAL AGREEMENT WITH THE TOWNS AND VILLAGES FOR PARTICIPATION IN THE COUNTY’S HEALTH INSURANCE PLAN 365. AUTHORIZE CONTRACTS AND VARIOUS PURCHASES FOR COUNTY- WIDE DATA INFRASTRUCTURE PROJECT – INFORMATION TECHNOLOGY 366. CONVEY THE FORMER WILLIAM F. AND BARBARA E. CHURCH PROPERTY TO THE VILLAGE OF MONTOUR FALLS 367. ACCEPT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED – AS AMENDED BY RESOLUTION NO. 413-07 368. ACCEPT/REJECT 2007 TAX AUCTION BIDS 369. RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, EXTENDING THE ADDITIONAL RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND OF CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS AND AMUSEMENT CHARGES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK AND EXEMPTING CERTAIN RESIDENTIAL ENERGY SOURCES AND SERVICES FROM SUCH ADDITIONAL RATE OF TAX 370. AUTHORIZE GRANT ACCEPTANCE AND RENEWAL FOR A PARTNERSHIP FOR YOUTH (APY) ALIGNING THE YOUTH DEVELOPMENT & WORKFORCE DEVELOPMENT SYSTEMS GRANT – YOUTH BUREAU 371. AUTHORIZE CONTRACT AMENDMENTS WITH CHEMUNG, SCHUYLER, STEUBEN (CSS) WORKFORCE NEW YORK FOR THE A PARTNERSHIP FOR YOUTH GRANT-YOUTH BUREAU 372. APPOINTMENTS – WORKFORCE DEVELOPMENT BOARD 373. ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS – BOARD OF ELECTIONS 374. AUTHORIZE AN AGREEMENT WITH NEW YORK STATE ELECTRIC AND GAS (NYSEG) FOR POLE ATTACHMENT – BUILDINGS AND GROUNDS ---PAGE BREAK--- RESOLUTION BY NUMBER – 2007 I 375. AUTHORIZE CONTRACT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE NEW YORK STATE RECRUITMENT AND RETENTION PROGRAM GRANT - DISTRICT ATTORNEY SPECIAL MEETING OCTOBER 22, 2007 376. RATIFICATION OF SPECIAL MEETING 377. SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2008 378. AUTHORIZE APPOINTMENT AND SET SALARY – DIRECTOR OF WEIGHTS AND MEASURES A SPECIAL MEETING NOVEMBER 7, 2007 379. RATIFICATION OF SPECIAL MEETING 380. AUTHORIZE APPOINTMENT AND SET SALARY – DIRECTOR OF WEIGHTS AND MEASURES A REGULAR MEETING NOVEMBER 13, 2007 381. APPROVE MINUTES OF THE OCTOBER 9, 2007 REGULAR MEETING AND THE OCTOBER 22, 2007 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 382. AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR SPAY & NEUTER PROGRAM – SHERIFF’S DEPARTMENT 383. AUTHORIZE GRANT APPLICATION WITH THE NEW YORK STATE GOVERNOR’S TRAFFIC SAFETY COMMITTEE FOR IMPLEMENTATION OF TRACS (ELECTRONIC TRAFFIC TICKETS) – SHERIFF’S DEPARTMENT 384. AUTHORIZE APPLICATION FOR REIMBURSEMENT OF ELIGIBLE COSTS ASSOCIATED WITH WIRELESS E-911 SERVICES – EMERGENCY MANAGEMENT 385. RECOGNIZE DECEMBER 2 - 8, 2007 AS NATIONAL HAND WASHING AWARENESS WEEK - PUBLIC HEALTH 386. AUTHORIZE CONTRACT AMENDMENT WITH CATHOLIC CHARITIES OF CHEMUNG/SCHUYLER COUNTIES AND AUTHORIZE AMENDING THE 2007 BUDGET - COMMUNITY SERVICES 387. AUTHORIZE CONTRACT WITH BARBARA HISLOP FOR EARLY INTERVENTION SERVICES - PUBLIC HEALTH 388. AUTHORIZE CONTRACT WITH THE BONADIO GROUP FOR CORPORATE COMPLIANCE SERVICES – HEALTH SERVICES ---PAGE BREAK--- RESOLUTION BY NUMBER - 2007 I 389. AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR MILEAGE – VETERANS SERVICE AGENCY 390. AUTHORIZE CONTRACT RENEWALS FOR 2008 WITH PROBATION, PUBLIC HEALTH, MENTAL HEALTH, OFFICE FOR THE AGING AND SOCIAL SERVICES FOR THE FAMILIES FIRST PROGRAM-YOUTH BUREAU 391. AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2008 AND RELATED CONTRACTS 392. DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU 393. AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD 394. RESOLUTION IN SUPPORT OF FEDERAL BILL H.R. 326 TITLED “MEDICAID COUNTY PROTECTION ACT OF 2007” 395. AUTHORIZE AMENDING THE 2007 BUDGET TO MEET THE NEEDS OF THE IN-HOME SERVICES PROGRAM– OFFICE FOR THE AGING 396. AUTHORIZE CONTRACT RENEWAL WITH ALL-MODE COMMUNICATIONS FOR TELEPHONE SYSTEM MAINTENANCE AND SERVICE – BUILDINGS AND GROUNDS 397. AUTHORIZE AMENDING THE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS & SURVEYORS FOR SECURITY SYSTEM DESIGN WORK – BUILDINGS & GROUNDS 398. AUTHORIZE AMENDING RESOLUTION NO. 348-07 TITLED “AUTHORIZE TRANSFER OF FUNDS FOR THE INTEREST PAYMENT ON THE BOND FOR THE NEW HUMAN SERVICES BUILDING” – BUILDING AND GROUNDS 399. AUTHORIZE ADVERTISEMENT FOR BIDS ON A PORTABLE VEHICLE LIFT – HIGHWAY DEPARTMENT 400. AUTHORIZE AGREEMENT WITH AES AT THE GREENIDGE POWER PLANT IN DRESDEN FOR BOTTOM ASH/CINDERS – HIGHWAY DEPARTMENT 401. AUTHORIZE AN AGREEMENT WITH BEARDSLEY DESIGN & ASSOCIATES TO DEVELOP RECOMMENDATIONS FOR PHYSICAL REORGANIZATION OF SPACE AND POSSIBLE ENERGY EFFICIENCY UPGRADES WITHIN THE EXISTING COUNTY OFFICE BUILDING – BUILDINGS AND GROUNDS 402. LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 5 OF THE YEAR 2007 SETTING THE SALARY FOR THE CHAIRMAN OF THE LEGISLATURE FOR THE YEAR 2008 403. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2007 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2008 404. AUTHORIZE CONTRACT WITH EBS BENEFIT SOLUTIONS FOR ACTUARIAL SERVICES FOR COMPLIANCE WITH GAS 43/45 – HUMAN RESOURCES 405. AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR 2008 – HUMAN RESOURCES ---PAGE BREAK--- RESOLUTION BY NUMBER – 2007 I 406. AUTHORIZE RATE RENEWAL WITH EXCELLUS BLUE CROSS/BLUESHIELD OF CENTRAL NEW YORK FOR HEALTH INSURANCE FOR THE YEAR 2008 407. AUTHORIZE RATE RENEWAL FOR VISION COVERAGE PREMIUM 408. LOCAL LAW INTRO. NO. 6 OF THE YEAR 2007 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2008 409. RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2008 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE 410. RESOLUTION TO APPROVE APPLICATION FOR REFUND OF REAL PROPERTY TAXES – TOWN OF MONTOUR 411. AUTHORIZE TRANSFER OF FUNDS FOR MILEAGE AND EXPENSES – HISTORIAN 412. AUTHORIZE AGREEMENT WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES TO ACCEPT THE OPERATION IMPACT GRANT FUNDS FOR 2007-2008 - DISTRICT ATTORNEY 413. AUTHORIZE AMENDING RESOLUTION NO. 367-07 TITLED “ACCEPT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED” – TREASURER’S OFFICE 414. AMEND RESOLUTION NO. 346-07 TITLED “AUTHORIZE LEASE AGREEMENTS WITH THE YOUTH BUREAU, HEAD START AND OFFICE FOR THE AGING” – BUILDINGS AND GROUNDS 415. AUTHORIZE APPLICATION AND DESIGNATE SCHUYLER COUNTY AS LEAD AGENCY FOR AN INTER-MUNICIPAL SHARED SERVICES GRANT FOR A SHARED PUBLIC WORKS FACILITY 416. ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS – BOARD OF ELECTIONS W/D ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 -WITHDRAWN 417. ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2008 418. APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2008" 419. 2008 BUDGET OF $41,193,491.00: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN 420. MOTION TO BRING ONE ADDITIONAL RESOLUTION TO THE FLOOR 421. ACCEPT/REJECT BIDS FOR TWO PORTABLE MESSAGE BOARDS WITH TRAILERS – HIGHWAY DEPARTMENT REGULAR MEETING DECEMBER 10, 2007 422. APPROVE MINUTES OF THE NOVEMBER 7, 2007 SPECIAL MEETING AND NOVEMBER 13, 2007 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE ---PAGE BREAK--- RESOLUTION BY NUMBER - 2007 I 423. AUTHORIZE GRANT APPLICATION WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES – SHERIFF’S DEPARTMENT 424. AUTHORIZE INCREASING THE ANNUAL SALARY FOR THE STOP DWI COORDINATOR - SHERIFF’S DEPARTMENT 425. AUTHORIZE AN INTERMUNICIPAL AGREEMENT WITH ONEIDA COUNTY FOR SECURITY SERVICES – SHERIFF’S DEPARTMENT 426A. MOTION TO AMEND RESOLUTION NO. 426 TO ADD ADDITIONAL LANGUAGE 426. AUTHORIZE A CONTRACT WITH THE FRIENDS OF THE SCHUYLER COUNTY ANIMAL SHELTER (FOSCAS) FOR OPERATION OF THE SCHUYLER COUNTY DOG SHELTER – SHERIFF’S DEPARTMENT – AS AMENDED 427. AUTHORIZE APPLICATION AND EXECUTION OF A CONTRACT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE NEW YORK STATE VIOLENCE AGAINST WOMEN GRANT - DISTRICT ATTORNEY 428. AUTHORIZE A GRANT APPLICATION FOR THE 2007 FIRE PREVENTION AND SAFETY GRANT – EMERGENCY MANAGEMENT 429. LOCAL LAW INTRO. NO. 7 OF THE YEAR 2007/LOCAL LAW NO. OF THE YEAR 2008 ESTABLISHING SEX OFFENDER RESIDENCY AND PROXIMITY RESTRICTIONS 430A. MOTION TO AMEND RESOLUTION NO. 430 TO ADD A BE IT FURTHER RESOLVED CLAUSE TO TRANSFER FUNDS 430. RESOLUTION COMMITTING FUNDS TO ENGINEERING SERVICES FOR THE ADVANCEMENT OF THE COUNTY WATER SYSTEM PROJECT AND AUTHORIZE TRANSFER OF FUNDS – AS AMENDED 431. RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FROM THE HOUSEHOLD HAZARDOUS WASTE (HHW) STATE ASSISTANCE PROGRAM AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE 432. RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT-IN-AID FOR A MUNICIPAL WASTE REDUCTION AND/OR RECYCLING PROJECT AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE 433. A RESOLUTION TO ACCEPT MODIFICATIONS TO THE SCHUYLER COUNTY AGRICULTURAL DISTRICT #2 AND REQUEST CERTIFICATION OF THE MODIFIED DISTRICT BY THE NEW YORK STATE DEPARTMENT OF AGRICULTURE & MARKETS 434. SET DATE - 2007 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE 435. SET DATE - 2008 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 436. AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW ---PAGE BREAK--- RESOLUTION BY NUMBER – 2007 I 437. DEDICATION OF 2007 PROCEEDINGS 438. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR PERSONAL SECRETARY OF THE LEGISLATURE 439. HALF-DAY HOLIDAY ADOPTED FOR ALL COUNTY EMPLOYEES 440. AUTHORIZE TRANSFER OF FUNDS FOR MEDICARE PART D ADMINISTRATION – HUMAN RESOURCES 441. AUTHORIZE RENEWAL AGREEMENT WITH EBS BENEFIT SOLUTIONS, INC. FOR FLEXIBLE SPENDING PLAN ADMINISTRATION – HUMAN RESOURCES 442. LOCAL LAW INTRO. NO. 6 OF THE YEAR 2007/LOCAL LAW NO. 1 OF THE YEAR 2008 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2008 443. AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2008, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE 444. AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO CHARGED ON THE JANUARY, 2008, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE 445. SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT 446. ACKNOWLEDGE APPOINTMENT SET SALARY AND INCREASE THE HOURS OF THE ASSESSOR POSITION – REAL PROPERTY TAX AGENCY 447. AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE AND COMMUNITY SERVICES BOARD - COMMUNITY SERVICES 448. AUTHORIZE CONTRACT WITH JANET MEANEY FOR CONSULTATION SERVICES - COMMUNITY SERVICES 449. AUTHORIZE CONTRACT RENEWAL WITH PATRICIA CUNNINGHAM, NP FOR 2008 - COMMUNITY SERVICES 450. AUTHORIZE CONTRACT RENEWAL WITH ELISABETH MASHINIC, MD FOR 2008 - COMMUNITY SERVICES 451. AUTHORIZE CONTRACT AMENDMENT WITH AFFILIATED CONSULTANTS, P.C. FOR CLINIC SERVICES FOR 2007 - COMMUNITY SERVICES 452. AUTHORIZE CONTRACT WITH CAROL FIORELLA TO PROVIDE RESPITE SERVICES FOR CHILDREN - COMMUNITY SERVICES 453. RECOGNIZE JANUARY 20 - 26, 2008 AS HEALTHY WEIGHT WEEK - HEALTH SERVICES 454. AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN TO CREATE AND FILL A CLINIC DIRECTOR POSITION – COMMUNITY SERVICES 455. AUTHORIZE THE INCREASE IN HOURS FOR THE MEDICAL SOCIAL WORKER POSITION FROM PART-TIME TO FULL-TIME – COMMUNITY SERVICES ---PAGE BREAK--- RESOLUTION BY NUMBER - 2007 I 456. AUTHORIZE A CONTRACT WITH MONTEREY BAPTIST CHURCH FOR NEW MEAL SITE – OFFICE FOR THE AGING 457. AUTHORIZE THE CREATION AND FILLING OF A PART-TIME VETERANS SERVICE OFFICER POSITION – VETERANS SERVICES AGENCY 458. AUTHORIZE A CONTRACT RENEWAL WITH CORNELL COOPERATIVE EXTENSION FOR FOOD STAMP NUTRITION PROGRAM – SOCIAL SERVICES 459. AUTHORIZE AGREEMENT WITH SCHUYLER COUNTY YOUTH BUREAU FOR PINS DIVERSION SERVICES – SOCIAL SERVICES 460. AUTHORIZE CONTRACTS WITH CORNELL COOPERATIVE EXTENSION, SCHUYLER HEAD START, CSS WORK FORCE NEW YORK, AND RAPE CRISIS FOR PHONE SERVICE – BUILDINGS AND GROUNDS 461. AUTHORIZE CONTRACT WITH SCHUYLER HEAD START FOR CLEANING SERVICES – BUILDINGS AND GROUNDS 462. AUTHORIZE CHANGE ORDER NUMBER ONE WITH DAY AUTOMATION SYSTEMS - BUILDINGS AND GROUNDS 463. AMEND THE PHOTO ID/CARD ACCESS POLICY – BUILDINGS AND GROUNDS 464. ABOLISH SCHUYLER COUNTY KEY POLICY - BUILDINGS AND GROUNDS 465. REJECT ALL BIDS FOR CONSTRUCTION OF CR 23 CULVERT BETWEEN THE LAKES REPLACEMENT PROJECT AND AUTHORIZE ADVERTISEMENT FOR RE-BID OF CR 23 CULVERT REPLACEMENT- HIGHWAY DEPARTMENT 466. AUTHORIZE THE CREATION AND FILLING OF ONE PART-TIME AUTOMOTIVE MECHANIC HELPER POSITION – HIGHWAY DEPARTMENT 467. AUTHORIZE ADVERTISEMENT FOR BIDS ON EQUIPMENT - HIGHWAY DEPARTMENT 468. AUTHORIZE AMENDING THE 2007 BUDGET FOR THE EARLY INTERVENTION PROGRAM - PUBLIC HEALTH 469. AUTHORIZE INCREASE IN STAFF SALARY FOR 2008 – COMMUNITY SERVICES 470. APPROVAL OF THE 2008-09 ANNUAL IMPLEMENTATION PLAN AND FOUR YEAR PLAN – OFFICE FOR THE AGING 471. RESOLUTION IN SUPPORT OF INCREASED AVAILABILITY OF HEALTH CARE PROVIDERS FOR THE EMPIRE INSURANCE PLAN PROVIDING PHYSICAL THERAPY SERVICES IN SCHUYLER COUNTY 472. MOTION TO BRING THREE ADDITIONAL RESOLUTIONS TO THE FLOOR 473. APPOINTMENT – SCHUYLER COUNTY PUBLIC DEFENDER 474. AUTHORIZE AMENDING THE 2007 BUDGET FOR WATERSHED REVENUES – PUBLIC HEALTH ---PAGE BREAK--- RESOLUTION BY NUMBER – 2007 I 475. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE PURCHASING SPECIALIST – TREASURER’S OFFICE YEAR END MEETING DECEMBER 10, 2007 476. AUTHORIZE GRANT APPLICATION WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES – SHERIFF’S OFFICE 477. AUTHORIZE AMENDING THE 2007 BUDGET FOR THE WATERSHED PROTECTION AGENCY – PUBLIC HEALTH 478. AUTHORIZE A GRANT APPLICATION FOR A RECORDS MANAGEMENT GRANT FOR THE WATERSHED PROTECTION AGENCY - PUBLIC HEALTH 479. AUTHORIZE AMENDING THE 2007-2008 CONTRACT WITH THE BONADIO GROUP - MENTAL HEALTH 480. AUTHORIZE INCREASING THE HOURS OF THE PART-TIME KEYBOARD SPECIALIST POSITION TO FULL-TIME – SOCIAL SERVICES 481. AUTHORIZE THE CREATION AND FILLING OF ONE FULL-TIME SENIOR WELFARE EXAMINER POSITION – DEPARTMENT OF SOCIAL SERVICES 482. AUTHORIZE AMENDING THE 2007 BUDGET FOR MEDICAID – SOCIAL SERVICES 483. AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME CLEANER POSITION – BUILDINGS AND GROUNDS 484. AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS 485. ACCEPT THE HUMAN SERVICES COMPLEX BUILDING COST ANALYSIS DONE BY VENESKY & COMPANY FOR 2007-2008 486. AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. HIGHWAY UNIT 487. AUTHORIZE AGREEMENT WITH COTT SYSTEMS FOR AN INDEXING PROJECT – COUNTY CLERK 488. AUTHORIZE APPLICATION FOR COUNTY-WIDE ASSESSING NEEDS ASSESSMENT GRANT 489. COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2007 FOR THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE TOWNS OF ORANGE AND TYRONE, IN THE COUNTY OF SCHUYLER, AND STATE OF NEW YORK 490. DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT TAXES DUE JANUARY 2008 491. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY EMERGENCY MANAGEMENT COORDINATOR 492. AUTHORIZE AMENDING THE 2007 BUDGET – SOCIAL SERVICES ---PAGE BREAK--- RESOLUTION BY NUMBER - 2007 I 493. AUTHORIZE AMENDING THE 2007 BUDGET FOR THE PRESCHOOL SPECIAL EDUCATION PROGRAM – PUBLIC HEALTH ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 1 ORGANIZATIONAL MEETING JANUARY 3, 2007 The January 3, 2007 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 Fagan and followed by a Moment of Silence. All Legislators were present except Legislator Karius was excused. 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 Thomas M. Gifford, Michael A. Yuhasz, and Paul N. Marcellus. PUBLIC PARTICIPATION: Mr. Alan Hurley said he had some questions and concerns pertaining to the County seeking to purchase the Jamesway site, in Montour Falls. He also had numerous concerns and questions in reference to the Humans Services Local Development Corporation. Chairman Gifford explained to Mr. Hurley that any questions he had could be directed to the County Attorney or put in writing to be answered later, this what not the place or the time for this discussion. Mr. Hurley stated that he would be following up with Attorney Coleman. The Acting Chair asked for nominations from the floor for Chairman of the Legislature for the year 2007. MOTION by Legislator Yuhasz to nominate Legislator Thomas M. Gifford as Chairman, SECOND by Legislator Fagan. RESOLUTION NO. 1 Motion by Yuhasz, Second by Fagan. RE: CLOSE NOMINATIONS - 2007 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the nominations for the 2007 Chairperson of the Schuyler County Legislature be closed. VOTE: 6-0. Legislator Bingell in at 9:35 a.m. RESOLUTION NO. 2 Motion by Larison, Second by Bingell. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2007 BE IT RESOLVED, that Thomas M. Gifford be Chairperson of the Schuyler County Legislature for the year 2007. DISCUSSION: Legislator Bingell stated she would need to abstain from voting as she arrived late. VOTE: 6-0. Abstain - Bingell. RESOLUTION NO. 3 Motion by Larison, Second by Bingell. RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 2007 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 2007, 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 Dennis A. Fagan #7 Vice-Chairman Paul N. Marcellus VOTE: 7-0. RESOLUTION NO. 4 Motion by Larison, Second by Bingell. 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: 7-0. RESOLUTION NO. 5 Motion by Fagan, Second by Karius. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 2 RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS BE IT RESOLVED, that the Depositories for Schuyler County funds be the following banks and for the following amounts: HSBC Watkins Glen Office Franklin at Eight Street Watkins Glen, NY 14891 $8,000,000.00 CHEMUNG CANAL TRUST COMPANY Montour Falls or Watkins Glen Office 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: 7-0. RESOLUTION NO. 6 Motion by Fagan, Second by Yuhasz. 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. DISCUSSION: Legislator Larison stated that he was against the change of rules and was voting against the resolution. Legislator Bingell agreed, stating that she was against combining Human Services & Health Services. She was also against combining Governmental Operations together into Management & Finance. VOTE: 6-1. Noes. Larison RESOLUTION NO. 7 Motion by Larison, Second by Yuhasz. RE: APPOINTMENT - CHIEF CORONER FOR 2007 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 2007, at an additional stipend of $2,500 for administrative duties to be paid quarterly at the rate of $625.00 per quarter. VOTE: 7-0. RESOLUTION NO. 8 Motion by Larison, Second by Yuhasz. RE: APPOINTMENT – COUNTY HISTORIAN BE IT RESOLVED, that Barbara Bell be appointed as County Historian for the year 2007. VOTE: 7-0. RESOLUTION NO. 9 Motion by Larison, Second by Yuhasz. RE: ADOPT SCHEDULE OF SALARIES FOR 2007 BE IT RESOLVED, that the Schedule of Salaries for 2007, as attached hereto, be adopted, effective January 1, 2007, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 2007 Salary Schedule. VOTE: 7-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 3 RESOLUTION NO. 10 Motion by Larison, Second by Yuhasz. RE: ADOPT PURCHASING POLICIES & PROCEDURES BE IT RESOLVED, that the Purchasing Policies & Procedures for 2007, as attached hereto, be adopted, effective January 1, 2007. VOTE: 7-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:45 A.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk REGULAR MEETING JANUARY 8, 2007 The January 8, 2007 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. County Attorney Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 11 Motion by Bleiler, Second by Yuhasz. RE: APPROVE MINUTES OF THE DECEMBER 27, 2006 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the December 27, 2006 Year End Meeting of the Schuyler County Legislature be approved. VOTE: 8-0. RESOLUTION NO. 12 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE ROLLOVER OF STATE EMERGENCY MANAGEMENT OFFICE FUNDS AND AMEND THE 2007 COUNTY BUDGET – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Treasurer received $5,767.20 the last week in December from the State Emergency Management Office to support emergency management and disaster preparedness initiatives, and WHEREAS, these funds went unspent in 2006 and can be reallocated to subsequent budget years. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2007 budget for Emergency Management as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$5,767.20 3689.200 Disaster Preparedness +$5,767.20 3689-3389 Disaster Preparedness Revenue VOTE: 8-0. RESOLUTION NO. 13 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE A CONTRACT RENEWAL WITH THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES AND AMEND THE 2007 BUDGET - COMMUNITY SERVICES WHEREAS, the Community Services Department wishes to renew its contract with the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes (Council on Alcoholism), and WHEREAS, Community Services has included this contract in its 2007 budget in the amount of $170,542, and WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has issued a revised State Aide letter, increasing funding to the Council on Alcoholism by $18,242.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract renewal with the Council on Alcoholism for alcoholism and substance abuse prevention services in the amount not to exceed $188,784.00, for the term January 1, 2007 through December 31, 2007, subject to the approval of the County Attorney, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 4 BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2007 Budget for Community Services as follows: AMOUNT ACCOUNT NO. DESCRIPTION $18,242 4322.550 Council on Alcoholism $18,242 4322-3490 State Aid - Mental Health VOTE: 8-0. RESOLUTION NO. 14 Motion by Larison, Second by Yuhasz. RE: RECOGNIZE FEBRUARY 2007 AS NATIONAL HEART MONTH - PUBLIC HEALTH WHEREAS, Cardiovascular Disease contributed to one third of global deaths in 1999, and WHEREAS, heart and blood vessel disease has no geographic, gender or socioeconomic boundaries, and WHEREAS, some heart attacks are sudden and intense, but most start slowly, with mild pain or discomfort, and WHEREAS, often the people affected aren’t sure what’s wrong and wait too long before getting help, and WHEREAS, some of the signs that can mean a heart attack are chest discomfort, discomfort in other areas of the upper body, shortness of breath, cold sweat, nausea or lightheadedness. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes February 2007 as National Heart Month and encourages Schuyler County residents to have regular checkups, control their cholesterol, monitor their blood pressure, be physically active, don’t use tobacco, eat healthy foods, watch their weight and avoid excessive alcohol. VOTE: 8-0. RESOLUTION NO. 15 Motion by Larison, Second by Yuhasz. RE: RECOGNIZE FEBRUARY 2007 AS NATIONAL CHILDREN’S DENTAL HEALTH MONTH - PUBLIC HEALTH WHEREAS, tooth decay has declined among young children as a group, it can still be a problem for individual children and even teens and adults, and WHEREAS, it is recommended that everyone should brush their teeth twice a day with fluoride toothpaste, clean between teeth daily with floss or an inter-dental cleaner and eat a balanced diet with limited between-meal snacks, and WHEREAS, visits to the dentist should be made regularly as a child’s teeth are susceptible to decay as soon as they begin to erupt, and WHEREAS, early childhood Caries is an infectious disease and there are many aspects of early childhood Caries, such as baby bottle tooth decay, which could be avoided with proper attention. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes February 2007 as National Children’s Dental Health Month and encourages Schuyler County residents to make regular visits to the dentist. VOTE: 8-0. RESOLUTION NO. 16 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE THE CREATION AND FILLING OF A COMPUTER AND BUSINESS SERVICES COORDINATOR POSITION/ABOLISH THE SUPERVISOR OF FISCAL OPERATIONS AND COMPUTER SERVICES POSITION - HEALTH SERVICES WHEREAS, the Director of Community Services and Public Health has reviewed the job description of the Supervisor of Fiscal Operations and Computer Services, and WHEREAS, the title of Supervisor of Fiscal Operations and Computer Services does not accurately reflect the tasks required or performed, and WHEREAS, the title of Computer and Business Services Coordinator more appropriately covers the tasks performed, and WHEREAS, the Director of Community Services and Public Health is requesting to create this position at Grade XXVII, upon the approval of the County Administrator, and WHEREAS, the creation of this new title will involve no increase in the budget nor affect the county costs. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 5 NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services and Public Health is hereby authorized to create and fill a Computer and Business Services Coordinator position in the Health Services Department, Grade XXVII, at an hourly rate as set for in the Administrative Unit Contract, effective immediately, funding available in the Department’s 2007 budget, and BE IT FURTHER RESOLVED, that the position of Supervisor of Fiscal Operations and Computer Services be abolished from this department. VOTE: 8-0. RESOLUTION NO. 17 Motion by Larison, Second by Yuhasz. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN – HUMAN RESOURCES WHEREAS, evaluation of the performance appraisal process indicates that a change needs to be made in regards to the calculation of the Cost of Living Adjustment (COLA). NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended as follows (changes in bold type): Section 1, Range/Market Adjustment – Paragraph 3 All employees covered by this Plan will receive an annual Cost of Living Adjustment (COLA). The rate of the COLA will be the same percentage used to adjust the Plan as described above. The rate used will be from the July Bureau of Labor Statistics Data Report, Consumer Price Index and will be applied using the previous 12- month period same methodology as the Federal Government. In addition, all employees covered by this Plan will receive an annual performance appraisal (see Section III). An annual salary adjustment may be given for performance in addition to the COLA within available funds. Said adjustment to be recommended by the County Administrator and considered by the County Legislature. VOTE: 8-0. RESOLUTION NO. 18 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AMENDING RESOLUTION NO. 195-99 TITLED “ESTABLISH GUIDELINES RELATIVE TO PURCHASING REFRESHMENTS FOR CERTAIN COUNTY-RELATED FUNCTIONS” WHEREAS, Resolution No. 195-99 established guidelines for purchasing refreshments for certain county-related functions, and WHEREAS, it states that under no circumstances will in-house training sessions or County-scheduled meetings be scheduled so as to conflict with meal times and that county employees will not be reimbursed for their own meals, and WHEREAS, sometimes there are circumstances where it would be beneficial or more productive to allow for refreshments and/or meals for certain in-house training sessions, department informational meetings or trainings to be held through meal times, and WHEREAS, it is the recommendation of the Management and Finance Committee that the County Administrator be responsible for authorizing such purchases as requested by the Department Head. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 195-99 be amended to have the guidelines now read as follows: GUIDELINES FOR PURCHASING REFRESHMENTS FOR CERTAIN COUNTY-RELATED FUNCTIONS Refreshments may be purchased for any of the following type of County training opportunities: Hosting Regional Training Meetings. Hosting Regional Information Sharing Meetings. Attending Regional Training/Information Sharing Meetings wherein there is a rotating cycle of sharing refreshments. Conducting in-house training sessions that are a minimum of 3 hours in duration. Providing refreshments is to mean providing a non-alcoholic beverage, small snack and necessary paper supplies. In-house training sessions or County-scheduled meetings should be scheduled so as not to conflict with meal times. Purchases of refreshments and/or meals are to be requested by Department Heads and authorized by the ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 6 County Administrator only. BE IT FURTHER RESOLVED, that all purchases are contingent upon availability of funds and remain to be subject to the review of the Schuyler County Auditor, and BE IT FURTHER RESOLVED, that these guidelines are to be made part of the Schuyler County Policies and Procedure Manual. VOTE: 8-0. RESOLUTION NO. 19 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AN ENGINEERING CONSULTANT AGREEMENT WITH FISHER ASSOCIATES FOR THE DESIGN OF GENESEE ROAD BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT WHEREAS, the replacement of BIN 2254310, Genesee Road Bridge over Catharine Creek is a Federal- aid eligible project, and WHEREAS, there is money available in the 2007 budget account 5020.400 for said project. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign the necessary documents to retain Fisher Associates for engineering services for the replacement of Genesee Road Bridge over Catharine Creek, subject to the approval of the Schuyler County Attorney. VOTE: 8-0. RESOLUTION NO. 20 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR 2007 - 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. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent is authorized to advertise for bids for materials and supplies for 2007 and/or participate with the State of New York in its bids, and BE IT FURTHER RESOLVED, that, as in the past, the Towns and Villages of Schuyler County so authorized by County Resolution be allowed to participate in said bids. VOTE: 8-0. RESOLUTION NO. 21 Motion by Bingell, Second by Larison. RE: AUTHORIZE ADVERTISEMENT FOR BIDS ON EQUIPMENT-HIGHWAY 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 2007 Machinery budget for the purchase of the following equipment: a. 1-Pick-up Truck w/Plow-B & G b. 4-Vehicles-DSS c. 1-Vehicles-CG d. 2-Tandem Trucks w/Plows. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent is authorized to set specifications and to advertise for bids on the above equipment that are non-state contract items. VOTE: 8-0. RESOLUTION NO. 22 Motion by Bingell, Second by Larison. RE: AUTHORIZE 2007 SEASONAL RATES FOR MARINA – BUILDINGS AND GROUNDS WHEREAS, New York State passed Chapter 135 a law that was signed by the Governor on May 23, 1983, which declares Schuyler County to have Home Rule pursuant to Article IX, Section 2 of the Constitution and WHEREAS, New York State Alienation Guide to Municipal Parks, Section F. 3. requires that any park fee must not be in excess of those charges for comparable facilities in the area, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 7 WHEREAS, The Schamel Brothers lease, Section 5. requires the fees charged by the lessee to be approved the Schuyler County Legislature. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the following as the Village Marina's 2007 Seasonal Rate Schedule for its 145 available slips: 2007 SUMMER RATES SLIP WIDTH SLIP FEE WATER & ELECTRIC SEAWEED CONTROL 8' $1,190.00 $100.00 $25.00 10' $1,250.00 $100.00 $25.00 12' $1,250.00 $100.00 $25.00 14' $1,350.00 $100.00 $25.00 16’ $1,450.00 $100.00 $25.00 20 amp Service $100.00 30 amp Service $150.00 Dry Docking w/unlimited use of launch ramp $450.00 2007 TRANSIENT DOCK (UP TO 30 FT) With 30 AMP Electric Per Hour $ 2.00 Per Day $ 40.00 Per Week $175.00 Per Month $600.00 50 AMP Electric add an additional $10.00 LAUNCHING RAMP FEES $4.00 per Launch (Tenants: no charge) Unlimited Usage (October 31 through March 1ST $45.00 TRUCK CRANE 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: $9.00 per foot. Haul Out Charges: $3.50 per foot each way. MISCELLANEOUS RATES AND CHARGES SEASONAL RATES: The Village Marina Seasonal Rates for Summer 2007 apply to the period beginning April 15, 2007 and continuing through October 30, 2007. Any seasonal tenants who do not plan to haul out or store with us, and are still in the water after these dates will be assessed a service charge of $5.00 per day, for each day until the boat is removed. PUMP OUT: $5.00 Per Pump Out TRAILER/CRADLE FEE: Minimum of $30.00 Charge includes handling and storage of cradles and trailers. Fee is billed annually with winter storage. VOTE: 8-0. RESOLUTION NO. 23 Motion by Bingell, Second by Larison. RE: DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO EXCEED $1,000 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 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 8 sum of $1,000 without prior audit, as provided in Sections 554(9) and 556(8) of the RPTL for the calendar year of 2007, with the following provisions: 1. That the Director shall comply with all provisions under RPTL Sections 554 and 556 relative to corrections of errors and the refund or credit of taxes. 2. That on or before the 15th day of each month the Director shall submit to the Legislature a report of the corrections, refunds and credits processed by such official during the month, embodying in that report the information as required under aforesaid statute. 3. That in no case shall the total amount of such refund or credit exceed the amount appropriated by the County Legislature. VOTE: 8-0. RESOLUTION NO. 24 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE SUBMISSION OF A 2007-2008 LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND APPLICATION FOR INDEXING PROBATION RECORDS BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all contracts relative to a 2007-2008 Local Government Records Management Improvement Fund grant application for funds not to exceed the sum of $40,000 for the Indexing of Probation Records project; subject to the approval of the Schuyler County Attorney. VOTE: 8-0. RESOLUTION NO. 25 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE SUBMISSION OF A COOPERATIVE 2007-2008 LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND APPLICATION FOR SHELVING UNITS – RECORDS MANAGEMENT BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all contracts relative to a 2007-2008 Cooperative Local Government Records Management Improvement Fund grant application for funds not to exceed the sum of $125,000 for the purpose of purchasing shelving units; subject to the approval of the Schuyler County Attorney. VOTE: 8-0. RESOLUTION NO. 26 Motion by Bleiler, Second by Yuhasz. RE: AMEND RULE 25 IN THE RULES OF PROCEDURE TO REDUCE THE NUMBER OF STANDING COMMITTEES 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, Rule 25 be modified effective immediately 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 as follows: 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 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 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 9 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 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, ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 10 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 Mental Health Subcommittee Mental Retardation/Developmental Disabilities Subcommittee Alcoholism and Substance Abuse Subcommittee DISCUSSION: Legislator Larison stated that he was against the proposed Committee change and was voting against the resolution. VOTE: 6-2 Noes. Larison, Bingell. RESOLUTION NO. 27 Motion by Fagan, Second by Marcellus. RE: ONE-YEAR APPOINTMENTS – AS AMENDED BY RESOLUTION NO. 61-07 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 11 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, 2007 through December 31, 2007, to wit: BARGAINING UNIT COMMITTEES County Administrator Human Resource Director Co-Chief Negotiator Committee Chair of Management & Finance CHILD CARE COORDINATING COUNCIL Sharon Bingell, Legislature COMMUNITY HOME CARE PROFESSIONAL ADVISORY COUNCIL Thomas Gifford – Chairman of the Legislature Michael Yuhasz - Legislature Terry, MD – Medical Director Pamela Larnard – Deputy Director Mental Health Marcia RN – Deputy Director Public Health Dawn Paulsen, RN – Corp. Compliance Officer Ruth Bedient, HHA – Member at Large Jill RN – Mental Health Rita Tague, RN – Schuyler Hospital Shannon Slater, MSW – Office for the Aging Sarah Mathews – DSS Lori Phillips, RN – Director of Patient Services Deb Woodard, RN – Americare John Bullett, ST – Speech Therapist Jane Aniskevich – VA Michael Sandritter, PT – Physical Therapist Shannon Cunningham, RN – Falls Home Camelia Oswald, RN – Public Health William Weiss – Commissioner of Social Services Michele Gimbar, MSW – Medical Social Worker Jagmohan Singh, MD - Schuyler Hospital Judy Delgotto, RN – Southern Tier Hospice Sharon Winter, RN – Americare COMMUNITY SERVICES BOARD Paul Marcellus, Legislator (Replacing unexpired Term of Legislator Yuhasz) EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE Thomas Gifford, Chairman of the Legislature FIRE SAFETY 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/John Jelliff – Odessa Eric Anderson/Al Buckland – Tyrone Mike Hicks/Scott Eaton – Valois-Logan Hector Dominick Smith/Jud Smith – Watkins Glen Glenn Larison – Legislator HEADSTART BOARD ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 12 Delmar Bleiler, Legislator (Replacing unexpired Term of Legislator Bingell) INTER-COUNTY ASSOCIATION OF WESTERN NEW YORK Thomas M. Gifford, Chairman of the Legislature Glenn R. Larison, Legislature Stacy B. Husted, Clerk of the Legislature LOCAL EARLY INTERVENTION COORDINATING COUNCIL Dawn Calling, WGCS District Sandra Young, OMCS District Lisa Crouch, Schuyler ARC Erik Miller, Provider Laurie Hanlon, Provider Beverly Clickner, Social Services Pamela Larnard, Mental Health Nancy Blencowe, Parent JoAnn Carson, Parent Nancy St. Julien, Parent Christine Keough, Public Health Ken Seaman, Parent Marcia Early Intervention Official, Public Health JoAnn Fratarcangelo, Youth Bureau/Families First Michael Yuhasz, Legislature Lisa Rice, Chemung UCP OFFICE FOR THE AGING ADVISORY COUNCIL Delmar Bleiler, Legislature (Replacing unexpired Term of Legislator Bingell QUEEN CATHARINE Paul Marcellus, Legislature (Replacing unexpired Term of Legislator Fagan) SOUTHERN TIER CENTRAL REGIONAL PLANNING AND DEVELOPMENT BOARD Paul Marcellus, Legisalture (Replacing unexpired Term of Legislator Fagan) VOTE: 8-0. RESOLUTION NO. 28 Motion by Fagan, Second by Marcellus. 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, 2007 through December 31, 2008, to wit: FISH & WILDLIFE MANAGEMENT BOARD Dana Sgrecci, Landowner LABOR MANAGEMENT COMMITTEE Chairman of the Legislature County Administrator Human Resource Director LAW LIBRARY BOARD OF TRUSTEES Michael Yuhasz, Legislature OFFICE FOR THE AGING ADVISORY COUNCIL Beth MacIntyre Lisk, RSVP Joette McBride, Hector Emily Grimmke-William, Schuyler Hospital Dorothy Huey, Tyrone ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 13 Elaine Dahl, Tyrone Delvin Decker, Catharine Marcia (or Designee) Thomas M. Gifford, Chairman, Legislature Marie Scott, Schuyler ARC Robert Burnside, Dix William Anderson, Reading William Weiss, Department of Social Services PLANNING COMMISSION Rick Reisinger, Dix SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD Timothy O’Hearn, County Administrator VOTE: 8-0. RESOLUTION NO. 29 Motion by Fagan, Second by Marcellus. RE: THREE-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2007 through December 31, 2009, to wit: SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY – SCIDA Carl H. Blowers Jerry Gapp WORKFORCE DEVELOPMENT BOARD Timothy O’Hearn, County Administrator Michael Bennett, Schuyler Hospital HR Director YOUTH BOARD Chris Burns Linda MacDonald Michelle Hyde Ruth Given Debbie MacDonald VOTE: 8-0. RESOLUTION NO. 30 Motion by Fagan, Second by Marcellus. RE: FOUR-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2007 through December 31, 2010, to wit: AGRICULTURE & FARMLAND PROTECTION Geraldine AUDITING COMMITTEE Thomas Gifford, Chairman of the Legislature Paul Marcellus, Legislature CHAMBER OF COMMERCE Thomas Gifford, Chairman of the Legislature COMMUNITY SERVICES BOARD JoAnn Fratarcangelo, Youth Bureau Mary Ann Bernard, Head Start MENTAL HEALTH SUBCOMMITTEE James Gay MEGA – MUNICIPAL ELECTRIC AND GAS ALLIANCE Daryl L. Slusser SOUTHERN TIER REGIONAL MEDICAL SYSTEMS (STREMS) ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 14 Bill Kennedy, Emergency Management VOTE: 8-0. RESOLUTION NO. 31 Motion by Fagan, Second by Marcellus. RE: APPOINTMENTS TO VARIOUS BOARDS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Legislator Dennis A. Fagan to the following boards, committees, and agencies to wit: HEALTH INSURANCE REVIEW COMMITTEE INFORMATION TECHNOLOGY INFORMATION TECHNOLOGY STEERING COMMITTEE (Replacing Legislator Karius) SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY – SCIDA VOTE: 8-0. RESOLUTION NO. 32 Motion by Bingell, Second by Karius. 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. 33 Motion by Bingell, Second by Fagan. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY PART-TIME ASSESSOR POSITION – REAL PROPERTY TAX AGENCY WHEREAS, Resolution No. 435-06 authorized the creation and filling of two assessor positions for the Real Property Tax Office, and WHEREAS, money to fund those positions is in the 2007 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment by Thomas R. Bloodgood, Real Property Tax Director, of Brian L. Gardner as the part-time assessor position at an annual salary of $7,500, with a term effective January 9, 2007 through September 30, 2007, said position is in Grade Level G of the Management/Confidential Salary Plan. VOTE: 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: RESOLUTION NO. 447 Motion by Larison, Second by Yuhasz. RE: APPROVE MINUTES OF THE DECEMBER 11, 2006 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE – TABLED 12/27/06 - ADOPTED 1/08/07 BE IT RESOLVED, that the minutes of the December 11, 2006 Regular Meeting of the Schuyler County Legislature be approved. VOTE: 8-0. REPORT ON STANDING COMMITTEES: Chairman Gifford welcomed Legislator Karius back after she had missed several meetings due to health reasons. Legislator Bleiler updated Legislators regarding the Resolution that was passed last year for providing support to the Greater Southern Tier BOCES Program. (Resolution No. 392-06) in regards to allowing Title IV funding (PELL and FFELL grants) to fund training. Congressman Kuhl and Senator Winner’s office phoned and stated that they are following up on this issue. COUNTY ADMINISTRATOR’S REPORT: County Administrator O’Hearn updated everyone on the recently approved grants that the County will be receiving. He announced that the application for the Shared Municipal Services Incentive Program (SMSI) to convert the old Watkins Glen High School Bus Garage into a records management facility was approved for $100,000. He then stated that the County has received additional grants totally over $600,000 in awards. The Schuyler, Steuben and Yates Highway Departments received a $292,000 grant for a paint striper to be shared between the three counties, the County Planning Department assisted the Village of Watkins Glen to receive ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 15 $280,000 to complete the Catharine Valley Trail at Seneca Harbor Park, extending it to 4,400 feet, and lastly, Cornell Cooperative Extension received $38,800 for a Schuyler County housing needs assessment. He provided an update on the Council of Government by stating that there would be an upcoming meeting at the Rural Urban Center. They will be picking officers and setting goals for the Year 2007. He also updated everyone on the new Schuyler County (walking) Steps Out promotion stating that the County participants had achieved 3.1 million steps in the first week of the program. Legislator Marcellus asked the County Administrator who wrote the above mentioned grants? O’Hearn said most were done internally with the exception of the Highway grant that was in partnership with Steuben and Yates County. PUBLIC PARTICIPATION: None. The Meeting adjourned at 6:48 P.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk REGULAR MEETING FEBRUARY 12, 2007 The February 12, 2007 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 Larison 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. RESOLUTION NO. 34 Motion by Larison, Second by Yuhasz. RE: APPROVE MINUTES OF THE JANUARY 3, 2007 ORGANIZATION MEETING AND THE JANUARY 8, 2007 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the January 3, 2007 Organizational Meeting and the January 8, 2007 Regular Meeting of the Schuyler County Legislature be approved. VOTE: 8-0. RESOLUTION NO. 35 Motion by Bleiler, Second by Larison. RE: ADOPT REVISED FEE SCHEDULE FOR WATERSHED PROTECTION AGENCY - PUBLIC HEALTH WHEREAS, it has been deemed appropriate by the Schuyler County Human Services Committee to set fees for certain services performed by the Watershed Protection Agency, as follows: 1. Septic system permits - New Construction $100.00 2. Septic system permits - New Conversion $100.00 3. Septic system permits - Existing dwellings $100.00 4. Septic system permits - Septic tank up grade $ 50.00 5. Septic system permits - repair/expansion $ 50.00 6. Septic system permits - renewals or transfer $ 50.00 7. New construction site evaluation per lot $ 75.00 8. Septic tank locating - probe, detector or transmitter $50-$75 9. Septic evaluation for conversion, expansion or modification $ 50.00 10. Septic evaluation for property transfer or refinancing $100.00 -plus bacteriological water analysis $125.00 -plus bacteriological water analysis & flow test $135.00 11. Septic evaluation re-inspection for property transfer or refinancing $ 50.00 12. Engineer review and approval $175.00 13. Agency review and approval $ 25.00 14. Water sample collection fee per sample plus analysis $ 15.00 15. Water Sample processing fee per sample >1 plus analysis $ 3.00 16. Water sample collection fee per re-sample not property $ 10.00 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 16 (Property transfers exempt) 17. Handling fee per non collected sample fee plus analysis $ 10.00 18. Water Sample processing fee per non collected sample >1 plus analysis $ 2.00 19. Water supply flow test per 1/2 hour flow $ 50.00 20. Water supply flow test and bacteriological sample $ 75.00 21. Radon in air test $ 55.00 22. Field consultation per 1/2 hour $ 25.00 23. Non inspection visit (No Show) $ 25.00 24. Flood statement affidavit $ 25.00 25. New construction for well site approval for new construction $ 50.00 26. Compliance Certificate - no field visit $ 25.00. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Watershed Protection Law, Local Law No. 3 of the Year 1994, allows the Agency to waive the collection of a portion of the established fee for intergovernmental agencies, indigent persons, or doctors request due to illness, and such waivers shall follow the Schuyler County Public Health and Community Services “Sliding Fee Scale” protocol, and BE IT FURTHER RESOLVED, that the Agency is also allowed to possibly reduce the sample collection fee per multiple sample visit. VOTE: 8-0. RESOLUTION NO. 36 Motion by Bleiler, Second by Larison. RE: AUTHORIZE AMENDING RESOLUTION NO. 344-06 TITLED “ESTABLISH 2006 - 2007 EARLY INTERVENTION/CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT - PUBLIC HEALTH” 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 $10,164 4010.100-4035 Personnel $3,517 4010.489-4035 Fringe Benefits $2,459 4010.400-4035 Contractual $0 4010.446-4035 Maintenance in Lieu of Rent $16,140 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: 8-0. RESOLUTION NO. 37 Motion by Bleiler, Second by Larison. RE: RECOGNIZE MARCH 2007 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 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 17 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 Legislature recognizes March 2007 as National Professional Social Work Month and recognizes professional social workers for their commitment and dedication to individuals, families and communities everywhere through legislative advocacy, service delivery, research and education. VOTE: 8-0. RESOLUTION NO. 38 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE A CONTRACT WITH KELLY FITCH, RN, FOR EARLY INTERVENTION SERVICES - PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention services for Children, and, WHEREAS, Kelly Fitch, RN is approved as a provider for Early Intervention Service Coordination Services, 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 is hereby authorized to enter into an agreement with Kelly Fitch, RN for Early Intervention services, effective January 1, 2007 through December 31, 2007, at rates established by the New York State Department of Health, to be renewed annually, funds available in the Public Health budget, account no. 4054.490, subject to the approval of the Schuyler County Attorney. VOTE: 8-0. RESOLUTION NO. 39 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE - COMMUNITY SERVICES WHEREAS, the Mental Health Subcommittee has a vacancy and Melissa Grant has expressed an interest in serving on the Mental Health Subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Melissa Grant to the Mental Health Subcommittee for the term February 12, 2007 through December 31, 2010. VOTE: 8-0. RESOLUTION NO. 40 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH SYNERGY SOFTWARE TECHNOLOGIES, INC. FOR THE COLLECTION OF AND USE IN REPORTING OF CLIENT SERVICE DATA – OFFICE FOR THE AGING WHEREAS, the New York State Office for the Aging (NYSOFA) has mandated that various records that are required to be maintained in the provision of services by this Office now be electronically compiled, stored, and transmitted in certain electronic format, and WHEREAS, the software package to be used, and that is highly encouraged by NYSOFA, is SAMS (Social Assistance & Management System) which is manufactured, sold, and serviced by Synergy, and WHEREAS, this Office has purchased SAMS which has been in use since 2005, and WHEREAS, there is money available in the 2007 budget account 6772.0200 for said project. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Synergy Software Technologies, Inc. to provide the necessary user licenses and implement software products to procure related services in the amount of $6,590.00 for the term of February 1, 2007 through February 1, 2008, said contract subject to approval of the Schuyler County Attorney. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 18 VOTE: 8-0. RESOLUTION NO. 41 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE APPOINTMENT TO THE ADVISORY COUNCIL FOR OFFICE FOR THE AGING WHEREAS, Resolution No. 28-07 authorized the appointment of individuals to the Schuyler County Office for the Aging Advisory Council for the term January 1, 2007 through December 31, 2008, and WHEREAS, another individual representing an agency serving seniors within Schuyler County has been identified, and WHEREAS, this individual represents an agency that is required, as appropriate, under New York State regulations as part of the Advisory Council and has agreed to serve on the council. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Philip Smith, Director of Veteran Services for Schuyler County, for the term January 1, 2007 through December 31, 2008. VOTE: 8-0. RESOLUTION NO. 42 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of the following individuals to the Schuyler County Youth Board for the term January 1, 2007-December 31, 2009: Father Michael Hartney Delmar Bleiler – Ex-Officio VOTE: 8-0. RESOLUTION NO. 43 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE RENEWAL OF AGREEMENT WITH CATHOLIC CHARITIES TO PROVIDE CRISIS AND PREVENTION (CAP) WORKERS FOR THE FAMILIES FIRST PERSON IN NEED OF SUPERVISION (PINS) DIVERSION PROGRAM - YOUTH BUREAU WHEREAS, there is a need for Crisis and Prevention (CAP) workers in the Families First program to administer the Persons in Need of Supervision (PINS) Diversion program, and WHEREAS, the Department of Social Services has funds available through the Flexible Fund for Family Services to pay for the agreement, and WHEREAS, the Youth Bureau contracted with Catholic Charities for the 2 CAP workers in 2006. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a renewal agreement with Catholic Charities at a cost not to exceed $100,852 for the term January 1, 2007 through December 31, 2007, subject to approval of the Schuyler County Attorney. VOTE: 8-0. RESOLUTION NO. 44 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZATION TO CREATE AND FILL ONE FULL-TIME CASE MANAGER POSITION IN THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Supervisor of the Preventive Services unit in the Children’s Services unit of the Department of Social Services is a Senior Caseworker (grade 23), supervising four Caseworkers (grade 22), and who reports directly to the Children’s Services Supervising Caseworker (grade 25), and WHEREAS, the Caseworkers in the Protective Services unit who investigate allegations of child abuse and/or neglect were upgraded recently to Senior Caseworkers (grade 23) effective January 1, 2007, and WHEREAS, the Preventive Services supervisor is at the same grade as the Protective Services investigators, yet has the additional responsibility of supervising the four Preventive Services Caseworkers (grade 22), and WHEREAS, the cost of creating and filling this position will be an additional $500 per year, of which at least 60% is reimbursed by the federal and state governments, and WHEREAS, the Commissioner of Social Services is requesting to create this position at grade 24, upon the approval of the County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be authorized the create and fill one full-time Case Manager position in the Department at grade 24 , at an hourly ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 19 rate as set for in the Administrative Unit Contract, effective immediately, funding available in the Department’s 2007 budget, and BE IT FURTHER RESOLVED that one Senior Caseworker position in the Department be abolished upon the filling of this Case Manager position. VOTE: 8-0. RESOLUTION NO. 45 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZATION TO ABOLISH A CASEWORKER POSITION IN THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Supervisor of the Adult Services unit in the Department of Social Services was upgraded recently from Senior Caseworker (grade 23) to Supervising Caseworker (grade 25), effective January 1, 2007, and WHEREAS, one of the Caseworkers (grade 22) in the Adult Services unit will be promoted in the near future to the vacant Senior Caseworker position. NOW, THEREFORE, BE IT RESOLVED, that one Caseworker position in the Department be abolished upon the filling of the vacant Senior Caseworker position in the Adult Services unit. VOTE: 8-0. RESOLUTION NO. 46 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZATION TO INCREASE FAMILY FOSTER CARE RATES, ADOPTION SUBSIDY RATES AND CLOTHING RATES – SOCIAL SERVICES WHEREAS, the New York State Office of Children and Family Services (OCFS) is implementing a provision of the New York State 2006-07 Enacted State Budget, which authorizes cost-of-living-adjustments for foster care and adoption subsidy rates, and WHEREAS, OCFS requires a 2.8% increase in all foster care, adoption subsidy and clothing allowance rates effective October 1, 2006, and WHEREAS, the Schuyler County Legislature previously approved larger rate increases effective January 1, 2007, and WHEREAS, funds to cover the increases are included in the Department’s budget, lines 6109.400, 6119.400, and 6123.400. NOW, THEREFORE, BE IT RESOLVED, that the following daily foster care and adoption subsidy rates be adopted effective October 1, 2006 through December 31, 2006: MAXIMUM STATE AGE GROUP FROM TO AID RATE (MSAR) 0-3 years $12.77/day $13.13/day (diapers incl.) $16.47 4-5 years $11.22/day $11.53day $14.76 6-11 years $12.65/day $13.00/day $17.79 12+ years $14.74/day $15.15/day $20.58 Special Rate $24.66/day $25.35/day $35.51 Exceptional Rate $36.42/day $37.44/day $53.82, and BE IT FURTHER RESOLVED, that the following clothing rates, which are paid in three equal allotments in April, August and December, be adopted effective October 1, 2006 through December 31, 2006: AGE GROUP FROM TO INSTALLMENT 0-5 years $303/annually $312/annually $104.00 6-11 years $423/annually $435/annually $145.00 12-15 years $657/annually $676/annually $225.33 16+ $804/annually $827/annually $275.67 VOTE: 8-0. RESOLUTION NO. 47 Motion by Bingell, Second by Larison. RE: AUTHORIZATION TO BID FOR LANDSCAPING WORK IN THE SENECA HARBOR PARK – BUILDINGS AND GROUNDS WHEREAS, the Seneca Harbor Park Phase III work has been completed, except for landscaping, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 20 WHEREAS, a list of plant materials, soil and soil improvements needed have been compiled by the Building Maintenance Supervisor. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to advertise for bids to landscape areas of Seneca Harbor Park, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature will receive bids to be opened at an open public meeting. VOTE: 8-0. RESOLUTION NO. 48 Motion by Bingell, Second by Larison. RE: AUTHORIZE A CONTRACT WITH THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR AN ENVIRONMENTAL PROTECTION FUND GRANT FOR THE CATHERINE VALLEY TRAIL – BUILDINGS AND GROUNDS WHEREAS, the Schuyler County Buildings and Grounds Department applied for Environmental Protection Funds per Resolution 196-05 to complete the northern terminus of the Catherine Valley Trail, and WHEREAS, on August 8, 2006 the Governor awarded Schuyler County a matching grant of $62,000 for acquisition of 600 linear feet of trail corridor and development of 1600 feet of paved trail. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with the New York State Office of Parks, Recreation, and Historic Preservation for the above-mentioned grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign all documents required in the purchase of the additional 600 feet of trail, subject to approval of the Schuyler County Attorney. VOTE: 8-0. RESOLUTION NO. 49 Motion by Bingell, Second by Larison. RE: AUTHORIZE ADVERTISEMENT FOR THE REMOVAL OF COON HOLLOW BRIDGE - HIGHWAY DEPARTMENT WHEREAS, Schuyler County accepted a proposal for engineering services for the removal of the Coon Hollow Bridge, and WHEREAS, the engineering plans are completed and it is now necessary to advertise for bids for demolition, and WHEREAS, funding for said project is available in the 2007 budget account no. 5120.584. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for the removal of the Coon Hollow Bridge. VOTE: 8-0. RESOLUTION NO. 50 Motion by Bingell, Second by Larison. RE: RESOLUTION AUTHORIZING THE ITEMS LISTED BELOW PURSUANT TO THE CLEAN WATER/CLEAN AIR BOND ACT OF 1996 FOR THE COON HOLLOW ROAD STREAMBANK STABILIZATION PROJECT – 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 call the “Project”, is desirable, is in t he public interest, and is required in order to implement the Project, and WHEREAS, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for water quality improvement projects 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 that: 1. Thomas M. Gifford, Legislative Chairman, 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 under ECL Article 56, Title 3. The representative is also authorized to make application, execute the 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, subject to the approval of the Schuyler County Attorney. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 21 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 conservation; 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 4. That this Resolution shall take effect immediately. VOTE: 8-0. RESOLUTION NO. 51 Motion by Bingell, Second by Larison. RE: 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 THEREOF – HIGHWAY DEPARTMENT WHEREAS, a Project for the Culvert Replacement on CR 23 over Waneta and Lamoka Lakes, Schuyler County, PIN 6754.03 (“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 100% Federal funds and 0% 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 the Culvert Replacement on CR 23 over Waneta and Lamoka Lakes. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, duly convened does hereby approve of the above-subject project, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby authorizes the Chairperson of Schuyler County Legislature to pay in the first instance 100% of the federal and non-federal share of the cost of construction work for the Project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of approximately $385,000.00 and will be appropriated from account no. 5120.570 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 County Legislature of the County of Schuyler 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, 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: 8-0. RESOLUTION NO. 52 Motion by Bingell, Second by Larison. RE: ACKNOWLEDGE APPOINTMENT TO THE BINGHAMTON UNIVERSITY STATE UNIVERSITY OF NEW YORK (SUNY) MASTER OF PUBLIC ADMINISTRATION PROGRAM (MPA) ADVISORY BOARD WHEREAS, Binghamton University State University of New York Master in Public Administration program has appointed Timothy O’Hearn to the MPA advisory board representing practitioners in public administration, and WHEREAS, the Management & Finance Committee acknowledges and supports this appointment. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves of the ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 22 appointment of Timothy O’Hearn, County Administrator, to the Binghamton University SUNY MPA Advisory Board and authorizes him to attend meetings of said board as necessary. VOTE: 8-0. RESOLUTION NO. 53 Motion by Fagan, Second by Yuhasz. RE: RESOLUTION TO APPROVE AN APPLICATION FOR CORRECTED TAX ROLL – TOWN OF HECTOR WHEREAS, an application for correction of real property taxes has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for parcel 22.17-1-1 owned by Loretta Palmer in the Town of Hector, and WHEREAS, the property owner alleges that the county/town tax bill is in error in that it includes a relevied school tax resulting from a school tax bill that was not received in a timely manner due to a zip code error, and WHEREAS, it is the recommendation of the Management & Finance Committee to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the Treasurer is hereby directed to reduce the relevy amount from $552.10 to $500.95, and that a corrected tax bill be issued to the property owner in the amount of $1,044.16, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby directed to make the appropriate chargeback to the school district. DISCUSSION: Legislator Bleiler said in order to pay a tax bill you need to receive a tax bill, however he feels that the Legislature needs to support a Department Head’s recommendation and decision. Legislator Larison stated that in the past people have called him saying that they did not receive a tax bill and have asked if he could help. He feels this will set a precedence. Legislator Marcellus said that he attended Committee when this was discussed and said that it was his understanding that there was a zip code error by the School District, but was not sure if the Real Property Tax Director’s stance was not to pay the taxes/levy, but to only have the penalties removed. Legislator Fagan said that this is the fault of the School District because of the zip code error. Legislator Marcellus feels that when a mistake is made, that the Legislature has an obligation. The Real Property Tax Director, Thomas Bloodgood, was then asked if he had any additional comments. Mr. Bloodgood stated that the School Tax Bill that was issued originally had a zip code error and when the owner received it, she came into pay, but it was already relevied in the system. Legislator Bleiler stated that Mr. Bloodgood did not have the authority to approve it because the law states that he can not. Mr. Bloodgood agreed and stated that if he was going to deny an application, the process is that it comes to committee, which he stated that was explained to the person. Legislator Karius asked Mr. Bloodgood if this person had ever been late or had a problem in the past. Mr. Bloodgood said that he was not aware of any. Legislator Larison stated that at the Committee meeting he had changed his vote in order for this to be discussed with the full Legislature. Legislator Bleiler asked Attorney Coleman if they had the legal right to over rule the law. Attorney Coleman stated that this was not really over ruling the law because there was a clerical error involved and that the Legislature has the right in this type of case to correct it. Legislator Bingell understands that this person received the tax bill and came in to give the money to the county and the county refused to take the money. Mr. Bloodgood clarified that when she came in to pay it, it was in December and it was already in the relevy process, so he was unable to take the payment. Legislator Fagan stated that they should not be pointing fingers, but addressing the actual issue which is, do we not charge the penalty? Legislator Bleiler reminded them that they did not want to break the law. Legislator Bingell said it was breaking the law according to Attorney Coleman. Attorney Coleman stated that there is a part in the law of latitude for administration or clerical errors and referred to Mr. Bloodgood to explain more. Mr. Bloodgood stated that he is strictly defined in his position and the Legislature has more discretion. His process is to review the application and make a recommendation to the Legislature. In this case, it was to deny it. He did inform her that a denial would be recommended and it would then have to go to the Legislature. Attorney Coleman clarified that in other words Mr. Bloodgood wanted the Legislature to review it better. Mr. Bloodgood replied yes. Legislator Bleiler stated that in tax law there is a review board that can review the bills ahead of time prior to the bills going out. In this case he ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 23 reminded that the School District did an error on the bill with the mailing zip code. Chairman Gifford again stated that the Taxpayer did not get the bill until December and could not pay it when she wanted to. Legislator Larison feels she should have followed up on the bill as a tax paying citizen. Legislator Fagan stated that a vote should be taken. VOTE: 6-2. Noes: Bleiler, Larison. RESOLUTION NO. 54 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE CONTRACT EXTENSION FOR INVESTIGATIVE SERVICES WITH PHILIP BARNES/ AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO PAY FOR SAID EXTENSION- DISTRICT ATTORNEY WHEREAS, the District Attorney requests that the current contract with Philip Barnes which expires on February 28, 2007, be extended for an additional month, to expire on March 31, 2007, with compensation to be paid at an hourly rate of $27.77 plus reimbursement for mileage, for approximately 12 hours per week, and WHEREAS, there were funds received in the year 2005 in the amount of $969.00 from the State for sex offender registration that the District Attorney’s Office was never made aware of, and WHEREAS, since the District Attorney was not able to spend these funds and they were turned over to the general fund balance, he is requesting that that amount be transferred from the Contingency account this year to pay for said extended investigative services, not covered by the grant, and WHEREAS, it is upon the recommendation of the Public Safety/Criminal Justice Committee that said funds be transferred to pay for said services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract extension with Philip Barnes for investigative services to be provided to the District Attorney’s Office for an additional month, to expire on March 31, 2007; said contract with Philip Barnes is to include compensation at a hourly rate of $27.77, plus mileage reimbursement, for approximately 12 hours per week, to be paid according to paragraph 6 of the contract, not to exceed the amount of $969.00, contract subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the amount of $969.00 from Contingency account no. 1990.500 into the District Attorney’s account no. 1165.435- Professional Fees and Services to pay for said services listed above. VOTE: 8-0. RESOLUTION NO. 55 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH RICHARD PIERCE FOR INVESTIGATIVE SERVICES - DISTRICT ATTORNEY WHEREAS, the current contract for Investigative Services will expire March 31, 2007, 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 Richard Pierce be executed for investigative services to the District Attorney’s Office, with compensation to be paid at an hourly rate of $27.77, for a minimum of 12 hours per week up to $12,400 annually, plus mileage reimbursement at the County rate. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contact with Richard Pierce for investigative services to be provided to the District Attorney’s Office beginning March 1, 2007 through March 31, 2008, as long as grant funds are available; said contract with Richard Pierce is to include compensation at a hourly rate of $27.77, for a minimum of 12 hours per week, plus mileage, to be paid according to paragraph 6 of the contract, subject to the approval of the Schuyler County Attorney. VOTE: 8-0. RESOLUTION NO. 56 Motion by Larison, Second by Fagan. RE: AUTHORIZE AN APPLICATION TO THE 2007 JUSTICE ASSISTANCE GRANT (JAG) – SHERIFF’S DEPARTMENT ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 24 WHEREAS, money is available each year under the Justice Assistance Grant (JAG) funding, and WHEREAS, the Sheriff wishes to apply for the amount of $12,500.00, which will require a 10% match in funds from the Sheriff’s Office Budget, which has been budgeted for the year 2007. NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Sheriff to apply for these Justice Assistance Grant funds in the amount of $12,500, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to sign any and all documents relative to said grant funds, subject to approval by the Schuyler County Attorney. VOTE: 8-0. RESOLUTION NO. 57 Motion by Larison, Second by Fagan. RE: AUTHORIZE A GRANT APPLICATION FOR THE 2006 FIRE PREVENTION AND SAFETY GRANT – EMERGENCY MANAGEMENT WHEREAS, the Department of Homeland Security has offered a competitive grant, under the Assistance to Firefighters Grants (AFG) program, and WHEREAS, the Emergency Management Office wishes to apply for the Fire Prevention and Safety Grant (FP&S) in the amount of $10,770.00, to support the Fire Investigation Team and Juvenile Firesetter program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the 2006 Fire Prevention and Safety Grant, in the amount of $10,770; subject to the approval of the Schuyler County Attorney. VOTE: 8-0. RESOLUTION NO. 58 Motion by Larison, Second by Fagan. RE: AUTHORIZE A CONTRACT WITH ENVIRONMENTAL EMERGENCY SERVICES, INC. - EMERGENCY MANAGEMENT WHEREAS, the Environmental Emergency Services, Inc. (EES) is a not-for-profit corporation that will provide and maintain equipment, communications, and data collection, and WHEREAS, the information will be used to warn of, respond to, mitigate, and recover from flooding episodes, and WHEREAS, the cost of the Environmental Emergency Services, Inc. agreement is $3,000.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Environmental Emergency Services, Inc. for the Emergency Management Department for Flooding preparedness for the term January 1, 2007 through December 31, 2007, in the amount of $3,000, funding available in the 2007 Emergency Management budget account no. 3689.435-Professional Fees and Services, subject to approval of the Schuyler County Attorney. VOTE: 8-0. RESOLUTION NO. 59 Motion by Larison, Second by Bingell. RE: AUTHORIZE AMENDING RESOLUTION NO. 435-06 TITLED “AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN AND TO CREATE AND FILL TWO ASSESSOR POSITIONS – REAL PROPERTY TAX” WHEREAS, Resolution No. 435-06 authorized the creation of a part-time Assessor position at 17 hours a week, and WHEREAS, said position will actually be working 9 hours a week. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 435-06 be amended to reflect the 9 hour work week, and BE IT FURTHER RESOLVED, that the first Be It Further Resolved clause in the Resolution shall now read as follows in bold: “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” . VOTE: 8-0. RESOLUTION NO. 60 Motion by Larison, Second by Bingell. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 25 RE: AUTHORIZE CONTRACT WITH NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR SENATE INITIATIVE FUNDING FOR SENECA HARBOR PARK – BUILDINGS AND GROUNDS WHEREAS, the Building Maintenance Supervisor applied for Senate Initiative funds from Senator Winner for Seneca Harbor Park Phase III in 2006, and WHEREAS, in October 2006 Schuyler County was notified that a Senate Initiative in the amount of $75,000 was authorized through New York State Office of Parks, Recreation, and Historic Preservation. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with the New York State Office of Parks, Recreation, and Historic Preservation for the above-mentioned grant, subject to approval of the County Attorney. VOTE: 8-0. RESOLUTION NO. 61 Motion by Larison, Second by Bingell. RE: AMEND RESOLUTION NO. 27-07 TITLED “ONE-YEAR APPOINTMENTS” WHEREAS, Legislator Bingell will remain on the Economic Opportunity Program Board of Directors until the expiration of her term. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 27-07 be amended to remove the following appointment to the EOP Board of Directors. EOP BOARD OF DIRECTORS Delmar Bleiler, Legislator (Replacing unexpired Term of Legislator Bingell) VOTE: 8-0. RESOLUTION NO. 62 Motion by Bingell, Second by Larison. RE: AUTHORIZE APPOINTMENTS TO THE SCHUYLER COUNTY PLANNING COMMISSION BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Cindy Kimble to the Schuyler County Planning Commission as the Tourism Representative to replace Coleen Fabrizi in her unexpired term effective immediately through December 31, 2007, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby approves of the appointment of John Wickham as the Agriculture Representative for a term of January 1, 2007 through December 31, 2008. VOTE: 8-0. RESOLUTION NO. 63 Motion by Bingell, Second by Larison. RE: AUTHORIZE APPOINTMENT TO THE FINGER LAKES RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Timothy Hicks, Watershed Inspector, to the Finger Lakes Resource Conservation & Development Council, Inc. for the term January 1, 2007 through December 31, 2007. VOTE: 8-0. RESOLUTION NO. 64 Motion by Bingell, Second by Larison. RE: AUTHORIZE APPOINTMENTS TO THE ENVIRONMENTAL MANAGEMENT COUNCIL BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Environmental Management Council for the following terms, to wit, pending the receipt of the appropriate letter from the Village of Watkins Glen: January 1, 2007 through December 31, 2007 Paul Marcellus, Legislator (Replacing unexpired Term of Legislator Fagan) Jenna Hicks (Replacing unexpired Term of Amy Fleet) Robert Starr, Tyrone (Replacing unexpired term of Mary Huntley) Grace Student (Replacing unexpired Term of Andrew Neilson) ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 26 January 1, 2007 through December 31, 2008 Tim Hicks, Watershed Richard Owlett, Planning Commission Jerry Verrigni, Soil & Water Ed Gates, Member at Large Kate Batholemew, Member at Large Jeff Mangus, Town of Hector Frank Spena, Village of Watkins Glen VOTE: 8-0. RESOLUTION NO. 65 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPOINTMENT TO THE COMMUNITY HOME CARE PROFESSIONAL ADVISORY COUNCIL BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Elizabeth Hayes to the Community Home Care Professional Advisory Council for the term January 1, 2007 through December 31, 2007. VOTE: 8-0. RESOLUTION NO. 66 Motion by Larison, Second by Bingell. RE: AMEND RESOLUTION NO. 399-06 TITLED “ADOPT STANDARD FOR MANDATORY TRAINING REQUIREMENTS FOR PLANNING COMMISSIONERS” WHEREAS, Resolution No. 399-06 was inadvertently missing item number seven in the guidelines and procedures. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 399-06 be amended to add the following number seven to the Resolution as follows: 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: 8-0. RESOLUTION NO. 67 Motion by Larison, Second by Bingell. RE: COMMITMENT TO THE SCHUYLER COUNTY PARTNERSHIP FOR ECONOMIC DEVELOPMENT (SCOPED) FOR HIRING THE NATIONAL DEVELOPMENT CORPORATION (NDC) WHEREAS, SCOPED is hiring the National Development Corporation (NDC) to provide technical assistance, enhance funding streams, and further economic development capacity within Schuyler County, and WHEREAS, the contract for this service is in the amount of $40,000, of which SCOPED will be contributing $10,000 towards, and WHEREAS, SCOPED is requesting Schuyler County to become a partner in this endeavor by providing $10,000, and WHEREAS, the SCIDA and Empire Zone Board are also willing to commit $10,000 each to SCOPED. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby commits $10,000 to SCOPED to hire the NDC firm to assist in furthering economic development efforts, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to this transaction if needed, subject to the approval of the Schuyler County Attorney. DISCUSSION: Legislator Karius stated that she called the SCOPED office and spoke with Kelsey Jones to get more information on this because she had concerns about giving SCOPED more funding. She apologized and acknowledges that unfortunately she was not present for the presentation that was given. Even though she had spoke to Kelsey she admitted that she was still sitting on the fence on whether to vote yes or not. Legislator Bleiler stated that he shared the concern in giving them more money, but saw the presentation and was impressed. He now feels providing the money is worth while and with all of the dreams and goals for the County, SCOPED could use the help. Legislator Fagan asked Administrator O’Hearn if the agreement needed ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 27 to be with SCOPED and Administrator O’Hearn replied yes. Legislator Marcellus also feels providing the funds to SCOPED is a good thing. VOTE: 7-1. Noes: Karius RESOLUTION NO. 68 Motion by Larison, Second by Bingell. RE: AUTHORIZE THE ESTABLISHED INTERNAL REVENUE SERVICE (IRS) PREVAILING RATE FOR MILEAGE TO BE PAID TO ALL SCHUYLER COUNTY EMPLOYEES WHEREAS, with respect to the high price of fuel, the Legislature recommends that all county employees be paid a higher mileage rate reimbursement. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes all county employees to be paid the established IRS prevailing rate for mileage effective February 19, 2007. VOTE: 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison provided an update on the Department of Environmental Conservation (DEC). He also reported that he just returned from Albany in preparation for the NYSDEC Legislative Days. Legislator Fagan provided an update on the Ecological plan that he has been involved in with Southern Tier Central’s assistance. The Appalachian Regional Commission (ARC) in Washington was in contact with them and is interested in funding the master plan that they have been working on for the Ecological Design group. He will be meeting with the Planning Department in order to put together a steering committee to meet in March. Funding will be a key issue for the plan. He has heard comments from municipalities in regards to a leach aid, several wineries have shown interest in treating winery disposal, and there also has been some interest in a possible regional waste treatment facility. Legislator Marcellus stated that he has been attending the Transportation Assessment Committee meetings and wanted to state that he is very impressed by the consultant that was hired to perform the assessment. He has been doing some research on the internet and has been reading about alternative fuel and transportation and wondered if there might be a potential to access funds that could help with a similar project locally. He felt there should be a focus on an alternate fuel support, thinking of a timeline that the Legislature might want to look into it further. He also mentioned the Rock Cabin Road dumping of garbage and wondered if any action from the Sheriff’s Department would be taken to investigate it if they have not already been looking into it. Legislator Bleiler stated that if anyone sees something that concerns them, they should always report it. He also reminded Legislator Marcellus that he could always come to the Public Safety/Criminal Justice Committee meeting even though he is not a member of the committee. Legislator Fagan stated that the last transportation meeting lasted three hours and also thinks the consultant is doing a great job. He feels, at this point, things are looking like it will be a recommendation for a total revamping of the transportation that is provided. The Transportation Study Committee is getting close to being able to identify the needs and it is getting very interesting. COUNTY ADMINISTRATOR’S REPORT: None. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:15 P.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk SPECIAL MEETING FEBRUARY 27, 2007 The February 27, 2007 Special Meeting of the Schuyler County Legislature was called to order at 9:45 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment of Silence. All Legislators were present, except Legislators Bleiler and Larison who were excused and Legislator Yuhasz who was absent. County Attorney Coleman was excused and County Administrator O’Hearn was present. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 28 PUBLIC PARTICIPATION: None. RESOLUTION NO. 69 Motion by Bingell, Second by Karius. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY ADMINISTRATIVE UNIT Vote: 5-0. RESOLUTION NO. 70 Motion by Bingell, Second by Fagan. RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY ADMINISTRATIVE UNIT WHEREAS, representatives of the County have engaged in Collective Bargaining with the Civil Service Employees Association, Inc. for employees in the Schuyler County Administrative Unit, and WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years 2007, 2008, 2009 and 2010 was reached with respect to employees in the Schuyler County Administrative Unit, and WHEREAS, the President of the Administrative Unit CSEA has verbally confirmed on February 26, 2007 that the agreement has been duly ratified by the employees of the aforesaid bargaining unit; subject to written confirmation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby ratify and approve of the terms and contents of said collective bargaining agreement between the County of Schuyler and the Schuyler County Administrative Unit, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute the aforementioned agreement. Vote: 5-0. PUBLIC PARTICIPATION: None. MOTION by Legislator Fagan to go into executive session to discuss property acquisition, SECOND by Legislator Bingell. Motion carried five ayes to zero noes. MOTION by Legislator Fagan to come out of executive session, SECOND by Legislator Bingell. Motion carried five ayes to zero noes. The Meeting adjourned at 10:05 a.m. Stacy B. Husted, Clerk REGULAR MEETING MARCH 12, 2007 The March 12, 2007 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. Assistant County Attorney Morris and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: Gordon Swarthout of Beaver Dams stood and asked the Legislature why the County was taking over Property Assessment from the Townships. Chairman Gifford stated that it was to implement uniformity with assessments. Legislator Fagan added that there was a savings of over 50% for some towns by changing the process. Legislator Karius said the uniformity is to make sure all of the assessments are up to date and on the same time frames. Mr. Swarthout asked if there were a set of rules to make sure the assessments are complete and asked if they are being done on time currently. Legislator Bleiler stated that the change to the process was at the towns’ request and it was optional. He also added that two towns have requested not to participate. RESOLUTION NO. 71 Motion by Bingell, Second by Yuhasz. RE: APPROVE MINUTES OF THE FEBRUARY 12, 2007 REGULAR MEETING AND THE ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 29 FEBRUARY 27, 2007 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the February 12, 2007 Regular Meeting and the February 27, 2007 Special Meeting of the Schuyler County Legislature be approved. Vote: 8-0. RESOLUTION NO. 72 Motion by Bleiler, Second by Bingell. RE: RECOGNIZE MAY 8, 2007 AS CHILDREN’S DEPRESSION AWARENESS DAY - COMMUNITY SERVICES WHEREAS, health disorders in children are just as real, common and treatable as they are in adults, and WHEREAS, left untreated, children’s mental health disorders can lead to problems at home, trouble in school and in the community, substance abuse and suicide, and WHEREAS, depression alone affects as many as one in every thirty-three children and one in eight teens, and WHEREAS, Childhood Depression Awareness Day has offered an opportunity to come together to focus on childhood depression and other disorders. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognize May 8, 2007 as Children’s Depression Awareness Day. Vote: 8-0. RESOLUTION NO. 73 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CONTRACT WITH ELISABETH MASHINIC, MD FOR PART-TIME CHILD SERVICES FOR 2007 - COMMUNITY SERVICES WHEREAS, the Community Services Department is in need of specialized services specifically for children, and WHEREAS, provision of these services would be beneficial to the operation of the mental health clinic in serving the needs of children in Schuyler County, and WHEREAS, Elisabeth Mashinic, MD is qualified to provide the specialized services for children, and WHEREAS, funds are available in the 2007 Health Services budget, account nos. 4310.435 and 4310.435-4316 to contract for part-time child services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Elisabeth Mashinic, MD for the provision of part-time child services, for the period March 19, 2007 through December 31, 2007 at an hourly rate of $131.00, not to exceed $40,000 annually, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 74 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE DISTRIBUTION OF FEDERAL SALARY SHARING FUNDS AND AMEND 2007 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 $164,500 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 2007 Health Services budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$164,500 4310.435-4316 Professional Fees - Federal Salary Sharing +$164,500 4310.4490-4316 Federal Salary Sharing Revenue Vote: 8-0. RESOLUTION NO. 75 Motion by Bleiler, Second by Marcellus. RE: AUTHORIZE CONTRACT WITH JANICE VITALE - PUBLIC HEALTH WHEREAS, Janice Vitale is an employee of Affiliated Consultants and worked at the Place of Distribution Mass Clinic in November of 2006, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 30 WHEREAS, her time for this work was not included in the original contract with Affiliated Consultants, and WHEREAS, the cost of this work is paid for by the Bioterrorism Grant. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a contract with Janice Vitale for November 4, 2006 for 3.5 hours at the overtime rate of $31.79 per hour in an amount not to exceed $111.27 from the 2006 budget account No. 4010.400-4033, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 76 Motion by Bleiler, Second by Marcellus. RE: AMEND RESOLUTION 75-06 DUE TO A COST OF LIVING ADJUSTMENT (COLA) INCREASE IN THE LEAD GRANT - PUBLIC HEALTH WHEREAS, Resolution 75-06 established the Lead Grant for the year 2006 - 2007, and WHEREAS, there has been a Cost Of Living Adjustment (COLA) increase. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2006-2007 Lead Grant Budget as follows: NEW CHANGE AMOUNT ACCOUNT NO. DESCRIPTION +$242 $ 14,327 4010.100-4004 Personnel +$108 $ 6,023 4010.489-4004 Fringe Benefits +$350 $ 25,350 4010.4401-4004 Revenue Vote: 8-0. RESOLUTION NO. 77 Motion by Bleiler, Second by Marcellus. RE: AUTHORIZE YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM AND 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, $4,420 of existing YDDP money will be allocated for supervision and transportation costs, and WHEREAS, the program will employ approximately forty youth with the wages for the youth and supervisors to be reimburses by Watkins Glen International Raceway. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to hire and implement the above mentioned employment program from May 1, 2007 through September 30, 2007 for youth ages 14 – 20, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an agreement with Watkins Glen International for the above named program; subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 78 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR SCHUYLER COUNTY UNITED WAY FOR THE FAMILY PLAY & RESOURCE CENTER – YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play and Resource Center program, and WHEREAS, funding is needed to contract for continued program development, oversight and maintenance, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and WHEREAS, there is no 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 approval by the Schuyler County Attorney. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 31 Vote: 8-0. RESOLUTION NO. 79 Motion by Bleiler, Second by Bingell. RE: APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that Judah Baker be appointed to the Schuyler County Youth Board for the term January 1, 2007 through December 31, 2007. Vote: 8-0. RESOLUTION NO. 80 Motion by Bleiler, Second by Bingell. RE: APPOINTMENT - ADVISORY COUNCIL FOR OFFICE FOR THE AGING BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Alice Quinata, resident of Watkins Glen in Schuyler County, for the term January 1, 2007 through December 31, 2008. Vote: 8-0. RESOLUTION NO. 81 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AN INTERMUNICIPAL AGREEMENT WITH STEUBEN AND YATES COUNTIES – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 348-06 supported participation in a Shared Municipal Services Grant Application with Steuben and Yates Counties for the purpose of purchasing a Pavement Marking Truck, and WHEREAS, the New York State Department of State approved the Shared Municipal Services Grant application to purchase a Pavement Marking Truck in the amount of $292,368.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is authorized to sign an Intermunicipal Agreement with Steuben and Yates Counties to purchase said pavement marking truck, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Schuyler County Highway Superintendent, Steuben County Commissioner of Public Works, Yates County Highway Superintendent, Schuyler County Attorney, Steuben County Attorney and the Yates County Attorney. Vote: 8-0. RESOLUTION NO. 82 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE A CONTRACT WITH FOOR & ASSOCIATES ARCHITECTS TO REPLACE ROOFS ON THREE COUNTY BUILDINGS – BUILDINGS & GROUNDS WHEREAS, Request for Proposals (RFP) for Architectural Services to replace the Highway, District Attorney, and Jail building roofs were received by the Building Maintenance Supervisor, and WHEREAS, the Public Works Committee, after review of the Request for Proposals, supports the recommendation of the Building Maintenance Supervisor to accept the lowest quote from Foor & Associates Architects, 110 Baldwin Street, Elmira, NY 14901. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a contract with Foor & Associates Architects for the lump sum of $24,500 with funding for said work to be paid from Capital Account 004-1620-2009; subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 83 Motion by Bingell, Second by Yuhasz. RE: ACCEPT/REJECT BIDS AND AUTHORIZE CONTRACT FOR LANDSCAPE WORK AT SENECA HARBOR PARK – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 47-07 authorized advertising for bids for landscaping at Seneca Harbor Park . NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisor’s recommendation of the one and only bid from, It’s Greener Now, Inc. for the Seneca Harbor Park Phase III Landscape Work for a total contract price of $14,800, with funding available in Capital Account 004-1620-209, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with It’s Greener Now, Inc. at a cost of $14,800; subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 84 Motion by Bingell, Second by Karius. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 32 RE: ACCEPT QUOTE AND AUTHORIZE A CONTRACT WITH EDGER ENTERPRISES FOR THE REPLACEMENT OF THE KIOSK AT SENECA HARBOR PARK – BUILDINGS AND GROUNDS WHEREAS, the Catherine Valley Trail Head Kiosk at Seneca Harbor Park was damaged beyond repair by a tractor trailer on December 21, 2006, and WHEREAS, repair estimates have been submitted to the County’s insurance company with claim reimbursement to be the cost of repair minus the deduction amount, and WHEREAS, the Building Maintenance Supervisors has requested quotes from vendors to replace the Kiosk. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the quote from Edger Enterprises, Inc., 330 East 14th Street, Elmira Heights, NY 14903 in the amount of $12,500, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Edger Enterprises, Inc. at a cost of $12,500, funding available from the insurance reimbursement and the deductible from Capital Account 004-1620-209, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 85 Motion by Bingell, Second by Karius. RE: RESOLUTION TO URGE GOVERNOR SPITZER AND THE NEW YORK STATE LEGISLATURE TO ADVANCE AND EXPEDITE THE TIMETABLES FOR INFRASTRUCTURE PROJECTS WHEREAS, the Governor has made the revitalization and improvement of the economy of “Upstate” New York a priority for his administration, and WHEREAS, the fourteen counties along the Route 15 (1-99), 1-86 and Route 17 (1-86) Corridor make up the three Local Development Districts in the thirteen state Appalachian Regional Commission, which has vastly improved the economy and quality of life in the region, and WHEREAS, Route 15(1-99), 1-86 and Route 17 (1-86) are New York State’s section of the thirteen state Appalachian Development Highway System and as such are eligible for Appalachian funding, and WHEREAS, Interstates 86 and 99 have been designated New York Trade Corridors and as such will continue to receive appropriate support and additional funding as key elements of major trade and tourism corridors, and WHEREAS, the 2.9 billion dollar Rebuild and Renew New York Transportation Bond Act included in the 35.9 billion dollar New York Capital Investment Program for statewide transportation facilities for the years 2005-2010 is the largest transportation program in the state’s history, and WHEREAS, the New York 1-86 Economic Development Benefit Study, issued in January 2000, which was widely accepted and quoted at all levels of government, called for an aggressive eight-year construction period that would result in a 32 billion dollar direct economic benefit to communities along the 1-86 Highway Corridor once the conversion has been completed, and WHEREAS, the Governor and the New York State Department of Transportation committed to a ten-to- twelve year construction program to complete the Route 17 conversion to Interstate 1-86 beginning with the first designation (177 miles Chemung County West to December 3, 1999, and WHEREAS, the Department of Transportation has projected a completion date for the conversion of Route 15 to Interstate standards to the New York State border by the end of 2010, and WHEREAS, the designation of New York State Route 17 to 1-86 and Route 15 to 1-99 will provide a highway network with connection to every Interstate Highway located within New York State and Interstates leading into NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby express its support for those projects contained within the 2005 Transportation Bond Act and the Transportation Plan for the State of New York Department of Transportation, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby urge the Governor and the New York State Legislature to advance funding necessary to commence those projects and to advance and expedite the time tables set forth for each project to meet the Governor’s commitments and the Department of Transportation’s timetable, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby authorized and directed to ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 33 forward a certified copy of this resolution to Governor Elliot Spitzer, Senate Temporary President and Majority Leader Joseph L. Bruno, Speaker of the Assembly Sheldon Silver, Senator George H. Winner, Jr., Thomas F. O’Mara, Transportation Commissioner Thomas Madison, Senate Transportation Committee Chairman Thomas W. Libous, Assembly Standing Committee on Transportation Chairman David Gantt, Upstate Co-Chairman for the Economic Development Corporation Daniel Gundersen, the New York State Association of Counties, and the Inter-County Association of Western New York. DISCUSSION: Legislator Marcellus asked for clarification of how the resolution is distributed and if the Legislators would need to sign anything for it. Chairman Gifford stated that the resolution is sent to the list of individuals in the resolution and the vote is indicated of how many voted for or against it. Vote: 8-0. RESOLUTION NO. 86 Motion by Bingell, Second by Karius. RE: PROCLAIM APRIL 22–28, 2007 AS NATIONAL COUNTY GOVERNMENT WEEK 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 22-28, 2007 and focuses on the theme "Protecting the Environment”, 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 22 - 28, 2007 National County Government Week. Vote: 8-0. RESOLUTION NO. 87 Motion by Fagan, Second by Bingell. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN – HUMAN RESOURCES WHEREAS, it the recommendation of the Administrative Council and the Management and Finance Committee that merit pay not be based upon employee performance appraisals. NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended as follows (changes in bold type and strikethrough): Section 1, Range/Market Adjustment – Paragraph 2 Once the salary ranges have been adjusted, should an employee fall below the minimum salary for his/her grade, his/her salary shall be adjusted during the next regular increase date in accordance with the Plan. An employee who has fallen below the minimum shall be adjusted at that time so as to maintain the same percentage of range which they were at prior to the adjustment of the schedule. The adjustment shall be in addition to any other salary increases authorized by the Legislature. the employee's regular salary increase based upon his/her performance evaluation. All employees covered by this Plan will receive an annual Cost of Living Adjustment (COLA). The rate of the COLA will be the same percentage used to adjust the Plan as described above. The rate used will be from the July Bureau of Labor Statistics Data Report, Consumer Price Index and will be applied using the ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 34 previous 12-month period. In addition, all employees covered by this Plan will receive an annual performance appraisal (see Section III). An annual salary adjustment may be given for performance in addition to the COLA within available funds. Said adjustment to be recommended by the County Administrator and considered by the County Legislature. Section 3, Performance Appraisals, Purpose The Schuyler County Performance Appraisal for Management/Confidential employees is intended to create an opportunity for open and candid communications between the County Legislature, County Administrator, and Administration. Performance appraisals evaluate contributions toward meeting mutually beneficial objectives of improving performance and meeting the goals established by the County Legislature and County Administrator. The performance appraisal process assists the County Legislature and County Administrator in making decisions about merit increases, promotions and continuing employment. In addition, the appraisal process assists the County in the identification of training and resource needs. Section D - Overall Performance Appraisal If an Overall Evaluation Level of “Distinguished” is indicated, a written justification for said rating must follow in order for the employee to receive the corresponding pay raise. If no justification is provided, the pay raise will be based upon an overall evaluation of “Commendable” will be given. Vote: 8-0. RESOLUTION NO. 88 Motion by Fagan, Second by Bingell. RE: DECLARE CELL PHONES AS SURPLUS AND AUTHORIZE DONATING THEM TO THE 911 CELL PHONE BANK - PURCHASING WHEREAS, the 911 Cell Phone Bank is designed to provide emergency cell phones to the elderly and abuse victims, and WHEREAS, the County has twenty-six Nextel cell phones and accessories that are no longer in use by the departments of the county and have no financial value. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby declares the twenty-six Nextel cell phones and accessories as surplus and authorizes them to be donated to the 911 Cell Phone Bank. Vote: 8-0. RESOLUTION NO. 89 Motion by Fagan, Second by Bingell. RE: AUTHORIZE AN AGREEMENT WITH EXTRADEV – INFORMATION TECHNOLOGY WHEREAS, there is a need for additional expertise in the area of Technology Infrastructure and Microsoft Design Services to facilitate the consolidation and centralization of Schuyler County Telecommunications, and WHEREAS this need can be met more efficiently and cost effectively through the contracted services of a certified 3rd party vendor, and WHEREAS these services will include the evaluation of the Network Backbone, Intranet, Messaging, File Servers and Windows 2003 Design. The vendor will additionally analyze the current Information Technology infrastructure and workflow, recommend enhancements and provide “cost to implement” budgets, and WHEREAS the Director of Information Technology has deemed ExtraDev to be a vendor with the requisite qualifications and capabilities to perform the above mentioned services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with ExtraDev for the term of 50 hours at a cost of $6,250.00; funding available in 2007 budget account no. 1680.400; contract subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 90 Motion by Larison, Second by Bingell. RE: AUTHORIZE A LEASE AGREEMENT WITH EASTERN COPIER FOR COPIERS IN THE LEGISLATIVE OFFICE AND THE PUBLIC HEALTH DEPARTMENT - PURCHASING WHEREAS, the current copier lease for the Public Health Department and the Legislative Office has expired, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 35 WHEREAS, the replacement lease amount for these machines for a term of the Year 2007 through 2010 is $535.00 a month for 48 months, to be split between the Legislative budget and the Public Health budget at a cost of $267.50 per month each. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a lease agreement with Eastern Copier Products at a cost of $6,420 per year, funding available from the Legislative and Public Health budgets, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 91 Motion by Larison, Second by Bingell. RE: AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME DEPUTY SHERIFF SERGEANT POSITION – SHERIFF’S DEPARTMENT WHEREAS, due to restructuring and the reassignment of personnel within the Sheriff’s Office it is necessary to create one full-time Deputy Sheriff Sergeant position, and WHEREAS, due to the future transfer of County Building Security personnel to the State Office of Courts Administration as New York State Court Officers, it is necessary to have a Sergeant on staff in the County Building, and WHEREAS, the Sheriff intends to promote from within and such position will be abolished after the personnel transfer is made, and WHEREAS, funding is available in the 2007 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Sheriff to create and fill one full-time Deputy Sheriff Sergeant position at an hourly rate of $16.92 effective March 19, 2007. Vote: 8-0. RESOLUTION NO. 92 Motion by Larison, Second by Bingell. RE: RESOLUTION REQUESTING SPECIAL LEGISLATION REGARDING THE HOUSING OF NEW YORK STATE PAROLE VIOLATORS – SHERIFF’S DEPARTMENT WHEREAS, County Jails are required to confine individuals who are alleged to have violated terms of their parole release from New York State prisons until such time as the individuals are found to have violated parole and are returned to state prison, and WHEREAS, during such confinement in County Jails, county taxpayers must pay the cost for housing, supervision, food, clothing, medical and mental health care and transportation for such alleged parole violators, and WHERAS, the State reimburses the County $40.00 per day, which is far below the actual County cost, but only for parolees who have violated a term or condition of parole which does not involve a new criminal charge. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature requests the New York State Legislature adopt legislation providing for the following: 1) In instances where County Jails are housing New York State parole violators who have committed new offenses, that the State of New York reimburse counties for the full cost of housing such parole violators for all County Jail time credited against the state prison sentence. 2) In instances where there are no new criminal charges filed against the parolee, that the parole violator be housed in a New York State facility at all times and not in a County Jail. 3) In all instances, that the State pay all medical costs for the parole violator, in addition to the actual housing costs, and BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to Senator George H. Winner, Jr. and Thomas F. O’Mara, the New York State Association of Counties, the New York State Sheriff’s Association and the Inter-County Association of Western New York. Vote: 8-0. RESOLUTION NO. 93 Motion by Larison, Second by Yuhasz. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE AUTHORIZE WORK RELEASE PARTICIPATION AND INCARCERATED INMATES TO PERFORM SERVICES FOR NOT-FOR-PROFIT ORGANIZATIONS – SHERIFF’S DEPARTMENT ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 36 WHEREAS, the Schuyler County Sheriff’s Work Release Program allows eligible inmates to perform services to the community in lieu of jail time, and WHEREAS, the Work Release Program has also provided significant savings to Schuyler County in the form of reduced housing costs and has helped to reduce the inmate count at the Schuyler County Jail, and WHEREAS, the inmates in the Work Release Program provide services to help various municipalities in Schuyler County complete public works projects such as road cleanup, painting and grounds keeping, and WHEREAS, some incarcerated inmates, under Corrections Officer supervision, are also eligible to perform community service work, and WHEREAS, many not-for-profit organizations in Schuyler County desire to utilize the Work Release Program inmates and incarcerated inmates to perform similar services for their organizations. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature requests the New York State Legislature adopt legislation authorizing counties to allow their work release participants and incarcerated inmates to perform the same services for not-for-profit organizations as they are authorized to perform for other municipalities, and BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to Senator George H. Winner, Jr. and Thomas F. O’Mara, the New York State Association of Counties, the New York State Sheriff’s Association, and the Inter-County Association of Western New York. Vote: 8-0. RESOLUTION NO. 94 Motion by Larison, Second by Yuhasz. RE: RESOLUTION TO SET PUBLIC HEARING DATE FOR REVIEW AND MODIFICATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT #2 LOCATED IN THE TOWNS OF READING, DIX, TYRONE AND ORANGE WHEREAS, the Schuyler County Legislature adopted Schuyler County Agricultural District #2 in May 1998 comprising lands in the Towns of Reading, Dix, Tyrone and Orange, encompassing about 41,600 acres and 70 farms, and being formally certified by New York State in March 1999, pursuant to section 303 of Article 25AA of the Agriculture and Markets Law, and WHEREAS, Resolution No. 178 of 1998 provided for an eight year review period for Agricultural District and WHEREAS, this eight year period is completed in 2007, and the district must be reviewed, and WHEREAS, a thirty day public comment period followed by a public hearing must occur, and WHEREAS, the Schuyler County Legislature must publish a legal notice in a newspaper having general circulation within the district stating that the district is being reviewed, and that proposed modifications will be available for review by the public at the County Clerk’s office, and that additional proposed modifications of District #2 must be received in writing within thirty days of publication of this notice. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby sets the date of April 16, 2007 for the public hearing of Agricultural District #2 to be held in the Auditorium of the Rural Urban Center at 7:00 p.m. Vote: 8-0. RESOLUTION NO. 95 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AMENDING THE 2007 BUDGET FOR THE ACCEPTANCE OF THE ROYCE HAIGHT COMMUNITY FOUNDATION GRANT - YOUTH BUREAU WHEREAS, the Youth Bureau has received the Royce Haight Community Foundation Grant, and WHEREAS, this grant was unanticipated and therefore was not accounted for in the 2007 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2007 Youth Bureau budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$1,000 7310.2705-7315 Family Resource Center Gifts & Donations +$1,000 7310.400-7315 Family Resource Center Contractual Expense Vote: 8-0. RESOLUTION NO. 96 Motion by Karius, Second by Bingell. RE: AUTHORIZE AMENDING THE 2006-2007 AGREEMENT WITH CORNELL COOPERATIVE ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 37 EXTENSION FOR THE FAMILY PLAY AND RESOURCE CENTER COORDINATION – YOUTH BUREAU WHEREAS, the Youth Bureau has received an additional $1,000 from the Royce Haight Community Foundation for the coordination and daily operation of the Family Play and Resource Center, and WHEREAS, there was also an additional $500 received from the United Way for the Family Play and Resource Center, and WHEREAS, Cornell Cooperative Extension has been an active partner and currently provides parent education for the Family Play and Resource Center and currently has a contract for $7,500 with the Youth Bureau. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the legislature be hereby authorized to sign an amendment to the 2006-2007 contract with Cornell Cooperative Extension for an additional amount of $1,500 making the total contract amount $9,000 to provide coordination and daily operation, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 97 Motion by Karius, Second by Bingell. RE: AUTHORIZE RATE CHANGE WITH EXCELLUS BLUE CROSS/BLUE SHIELD OF CENTRAL NEW YORK WHEREAS, ratification of the Administrative Unit CSEA contract caused group consolidation and rate changes with Excellus Blue Cross/Blue Shield. NOW, THEREFORE, BE IT RESOLVED, effective April 1, 2007, Schuyler County Plans 1440500, 1440501, 1440502, 1440570 be consolidated with Plans 1440506, 1440507, 1440508, 1440576 and the rate for that combined group be $429.25 for Individual coverage and $1094.58 for Family coverage. Vote: 8-0. RESOLUTION NO. 98 Motion by Karius, Second by Bingell. RE: LOCAL LAW INTRO. NO. 1 OF THE YEAR 2007 AMENDING LOCAL LAW NO. 2 OF THE YEAR 1974 TO ADD WORDING TO SECTION 5 AND 7 WHEREAS, Local Law No. 2 of the Year 1974 established the Environmental Management Council (EMC), and WHEREAS, the EMC wishes to make some changes to their By-Laws, and WHEREAS, certain changes require amending Local Law No. 2 of the Year 1974 which established the EMC. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1 of the year 2007 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 April 9, 2007 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 2007 A Local Law to amend Local Law No. 2 of the Year 1974 to add wording to Section 5 and 7. Be it enacted by the Legislature of the County of Schuyler that Local Law No. 2 of the year 1974 is hereby amended as follows: Section 5: Powers and Duties of the Council Add to Section 5 Apprise and advise local government, public and private agencies, and the general public concerning relevant larger regional environmental initiatives or concerns, conservation efforts, etc., and their potential impact on or value to the county. Section 7: Compensation and Expenses: Add subsection Conflict of Interest: Any member of the Council may participate in any deliberations and discussion of the Council concerning any item brought before the Council, but when said issue is of particular and special interest to a member, or may result in significant personal gain for a member, that member shall recuse his or herself from all deliberations and discussion and any votes of the Council concerning that issue. This Local Law shall take effect immediately upon passage. Vote: 8-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 38 RESOLUTION NO. 99 Motion by Larison, Second by Bleiler. RE: AUTHORIZE AMENDING THE SCHUYLER COUNTY POLICIES AND PROCEDURES MANUAL RELATIVE TO THE TIME CARD POLICY WHEREAS, the Treasurer’s Office will be implementing a new process for direct deposit effective April 1, 2007 in which employees will have their pay available to them on a Wednesday now rather than Friday, and WHEREAS, in order for the Treasurer’s Office to properly process this new procedure all time cards are to now be turned in by 12:00 p.m. every other Monday, 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 change to the following first paragraph of Section 5.1 in bold with the remainder of the section to remain the same: 5.1 Time Card Policy All employees are responsible for submitting time cards to their supervisors on a bi-weekly basis. Time cards are to be submitted to the Office of the County Treasurer no later than 12:00 P.M. every other Monday. When the Monday that time cards are due is a holiday, they will be due by 12:00 P.M. on Tuesday. The Department Administrator or designee is responsible for making sure time cards are delivered in a timely manner and properly completed including the correct payroll dates. Vote: 8-0. RESOLUTION NO. 100 Motion by Larison, Second by Bleiler. RE: RESOLUTION URGING THE UNITED STATES CONGRESS TO ENACT THE “MEDICAID COUNTY PROTECTION ACT OF 2007” WHEREAS, New York State has the most expensive Medicaid program in the nation, and WHEREAS, its spending per recipient is the highest in the country, with costs that nearly exceed those of California and Texas combined, and WHEREAS, New York is one of only a few states that mandate county governments to pay a significant portion of the State’s cost, and WHEREAS, Congressman G.K. Butterfield of North Carolina has introduced legislation at the federal level that would expressly prohibit states from passing along the costs of Medicaid to county government, which is a huge burden to property taxpayers. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports the passage of the “Medicaid County Protection Act of 2007” by the U.S. Congress as introduced by Congressman G.K. Butterfield of North Carolina, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby requests its federal representatives Senator Charles Schumer, Senator Hillary Clinton, and Representative John R. Kuhl, Jr. to become sponsors of this important legislation, and BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to Senator Charles Schumer, Senator Hillary Clinton, Congressman John R. Kuhl, Jr., Congressman G.K. Butterfield, NYSAC, and the Inter-County Association of Western New York. Vote: 8-0. RESOLUTION NO. 101 Motion by Larison, Second by Bleiler. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY - DIRECTOR OF PATIENT SERVICES POSITION – PUBLIC HEALTH WHEREAS, the Schuyler County Home Health Agency has a vacant Director of Patient Services position, and the Director of Community Services/Public Health has selected a candidate, and WHEREAS, WHEREAS, funding to fill this position is available in the year 2007 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature acknowledges the appointment by George Roets, Director of Community Services/Public Health, of Patrice Birch as Director of Patient Services, at a salary of $45,000, in Grade Level G in the Management/Confidential Salary Plan, effective April 2, 2007. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 39 Vote: 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None. COUNTY ADMINISTRATOR’S REPORT: County Administrator O’Hearn reported that Colleen Anderson, Regional Representative working for the Governor’s office, will be attending the Inter-County Association of Western New York Meeting this Friday. She will also be meeting with Department Heads and the Council of Government while she is in town. O’Hearn also reported that he will be in Washington, DC for the Binghamton University to make a presentation on the Performance Based Budget. Binghamton University will pay for the expenses of staying and registration. He reported that the County had received and executed a purchase offer for the Jamesway building, and is currently planning for a closing date scheduled for the end of April. They are moving forward at this point with the plan for a new Schuyler County Human Services Building in Montour Falls. He proceeded to read from a statement of the rationale and reasoning for why they were considering the venture. (statement on file in the Legislative Meeting Folder) PUBLIC PARTICIPATION: Alan Hurley, from the Town of Tyrone spoke in opposition of the Jamesway building project, pointing to a study by local politician Richard Scuteri that shows that the tax-exempt property in Montour Falls will rise to 33 percent from a current 29 percent level with the purchase. Mr. Hurley stated that the figures are alarming of the potential tax impact of this purchase. He then asked about County owned Rural Urban Center and what is going to happen to it with the plan. O’Hearn said the plan is to sell both properties in Montour Falls. Mr. Hurley acknowledged the Counties need for space, however reminded them that it was an old building and was going to need a lot of repairs. He then encouraged them, as a taxpayer for the Board, to please look at this further. The Meeting adjourned at 6:49 P.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk SPECIAL MEETING MARCH 23, 2007 The March 23, 2007 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 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 excused. PUBLIC PARTICIPATION: None. RESOLUTION NO. 102 Motion by Karius, 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 Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. SET PUBLIC HEARING DATE TO CONSIDER THE PROPOSED SUBLEASE BY THE COUNTY OF CERTAIN AREAS WITHIN A CERTAIN 50,160 SQUARE FOOT BUILDING LOCATED AT THE CORNER OF ROUTE 14 AND OWEGO STREET IN THE VILLAGE OF MONTOUR FALLS, NEW YORK Vote: 6-0. RESOLUTION NO. 103 Motion by Fagan, Second by Yuhsaz. RE: SET PUBLIC HEARING DATE TO CONSIDER THE PROPOSED SUBLEASE BY THE COUNTY OF CERTAIN AREAS WITHIN A CERTAIN 50,160 SQUARE FOOT BUILDING LOCATED AT ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 40 THE CORNER OF ROUTE 14 AND OWEGO STREET IN THE VILLAGE OF MONTOUR FALLS, NEW YORK WHEREAS, pursuant to Section 1411 of the Not-for-Profit Corporation Law (“N-PLC”) of the State of New York, the Schuyler County Legislature is required to conduct a Public Hearing to consider the proposed sublease by the County of certain areas within a certain 50,160 square foot building located at the corner of Route 14 and Owego Street within the Village of Montour Falls, New York, and WHEREAS, it is contemplated that the building will be acquired and renovated by the Schuyler County Human Services Development Corporation and leased in entirety to the County, and WHEREAS, the County, pursuant to N-PLC Section 1411 contemplates leasing certain unneeded portions of the building back to the Corporation to provide office space for certain County-based not-for-profit agencies, including the Workforce Development Office, Head Start Program, and Cornell Cooperative Extension. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature will conduct a public hearing at 7:00 p.m. or as soon as such hearing may be called thereafter, on the 9th day of April, 2007, in the County legislative Chambers, 105 Ninth Street, Watkins Glen, NY 14891 relative to the above mentioned matter. Vote: 6-0. PUBLIC PARTICIPATION: None. Legislator Bleiler in at 1:03 p.m. The Meeting adjourned at 1:04 p.m. Stacy B. Husted, Clerk REGULAR MEETING APRIL 9. 2007 The April 9, 2007 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 Marcellus and followed by a Moment of Silence. All Legislators were present, except Legislator Gifford who was excused. Assistant County Attorney Hazlitt and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: Mr. Alan Hurley said he is here as a local tax payer of Schuyler County with some tax concerns. He stated that he is opposed to the Jamesway project as it will increase taxes. He asked if it will impact the government. He said he has not gotten answers to his questions. He has placed an Article 78 on file for tax payer awareness. He is hearing that there will be tax increases and feels that the Jamesway project will have an increase in taxes. Tax payers are coming up to him in Wal-Mart asking him about their taxes. He also stated that he has talked to employees who work in the Department of Social Services and they are against this move. He said he is doing the Article 78 so that this will stop. He then listed some tax amounts for the Village of Montour Falls and said he also feels that transportation is doing to be an issue with this move. He would like to see the studies. Ms. Sue Brill stood and said she is not representing the Department of Social Services, but as an employee of Social Services, she said that not all employees in the department are against the move. Mr. James Howell, a resident of Montour Falls, said he has concerns about the future of the Rural Urban Center (RUC). He sits on the planning board for Montour Falls and is concerned that the building will fall into a state of disrepair. He referred to the school in the Village of Burdett and how it went into disrepair and the buildings around it are not worth living next to. He also referred to a past Bradford School that was put into a private use and fell apart. He realizes that the Jamesway project will be a severe decrease in taxes for Montour Falls and hopes that the Legislature will find a solid use for the RUC. He is not here debating the decision of the Legislature on the site chosen, but has some concerns about the RUC site. He feels the optimism against the Jamesway building will disappear. Mr. Richard Scuteri asked if the people of Montour Falls are aware of the increase of 4% in their taxes. Do they not care or not know? He feels the Watkins Glen Middle School is good because it has three floors to ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 41 it, is close and is already off the tax rolls. He was told by the Administrator, Mr. O’Hearn, that the school was too big, why is the Jamesway building not too big? Administrator O’Hearn informed Mr. Scuteri that this is not the forum to have this type of discussion, but he would be happy to meet with him as he has done before regarding the building. Mr. Scuteri said he has a copy of the survey and he is willing to share it with anyone. Mr. Hurley said he had approached the Watkins Glen Central School Board regarding the middle school building, as it is structurally sound. He feels the county should work with something that is already off the tax rolls. He asked Mr. Fazzary the amount spent on the middle school. He feels the village offices could be placed in the building also. He wants to be amicable in working with this issue and is looking at the taxes incurred. 7:00 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2007 AMENDING LOCAL LAW NO. 2 OF THE YEAR 1974 TO ADD WORDING TO SECTION 5 AND 7 FOR THE ENVIRONMENTAL MANAGEMENT COUNCIL: None. 7:02 P.M. – PUBLIC HEARING TO CONSIDER THE PROPOSED SUBLEASE BY THE COUNTY OF CERTAIN AREAS WITHIN A CERTAIN 50,160 SQUARE FOOT BUILDING LOCATED AT THE CORNER OF ROUTE 14 AND OWEGO STREET WITHIN THE VILLAGE OF MONTOUR FALLS, NEW YORK: Administrator O’Hearn introduced Mr. Justin Miller of Harris Beach. This public hearing is in reference to the County contemplating the subleasing of 7,800 square feet to Headstart, 3,100 square feet to Cornell Cooperative Extension, 1,150 square feet to Workforce New York, and 150 square feet to the Rape Crisis Center. He opened the floor for comment and placed a display of the Jamesway schematics on chalk board describing the places for lease. Mr. Hurley asked how much money will be made. Mr. Miller explained that the final figures have not yet been determined. Mr. Hurley said he feels the middle school could produce a lot more revenue than the proposed building and could present a tax cut. He commends the efforts, but feels they are not looking at all the options. He feels that this is being crammed down his throat. Mrs. Angeline Franzese asked if there is a determined length of time for the leases being negotiated. Mr. Miller explained again that this is to have the public hearing on whether they can be negotiated. Ms. Betty Heichel said she is concerned about the Human Services and having sex offenders coming in the building. She felt that was against the law to have them in the same building as the Headstart children. Administrator O’Hearn explained to Ms. Heichel that there is no such law. Mr. Hurley stated that this has been planned for two years now and he does not like the vague answers he is receiving. He said he is very suspicious. He does not feel good about it as being good for the tax payers. He feels tax payers should be looking at how to decrease taxes. The public hearing adjourned at 7:08 p.m. RESOLUTION NO. 104 Motion by Bingell, Second by Larison. RE: APPROVE MINUTES OF THE MARCH 12, 2007 REGULAR MEETING AND THE MARCH 23, 2007 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the March 12, 2007 Regular Meeting and the March 23, 2007 Special Meeting of the Schuyler County Legislature be approved. Vote: 7-0. RESOLUTION NO. 105 Motion by Larison, Second by Bingell. RE: AUTHORIZE AMENDING THE 2007 BUDGET FOR STOP DWI FUNDS – SHERIFF’S DEPARTMENT WHEREAS, the Schuyler County District Attorney’s Office initiated a program in 2006 to collect delinquent DWI fines for the past ten years, and WHEREAS, to date, that office has located fifty three defendants that had failed to pay, and have collected over $37,000, and WHEREAS, locating some of the people proved to be a larger task than originally thought, and WHEREAS, the Schuyler County District Attorney’s Office is asking the Sheriff’s Department for a one time payment to help offset the costs associated with collecting delinquent DWI fines for the past ten years, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 42 WHEREAS, the Sheriff’s Department has requested an amendment to the 2007 Schuyler County STOP DWI plan in the amount of $10,000 to help assist with the cost of this project. NOW, THEREFORE, BE IT RESOLVED, that upon approval of the amendment to the 2007 STOP DWI plan the Schuyler County Treasurer is hereby authorized to amend the Sheriff’s Department 2007 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$10,000 3315.305 Court Related Expenses +$10,000 3315-2615 STOP DWI Fines Revenue Vote: 7-0. RESOLUTION NO. 106 Motion by Larison, Second by Bingell. RE: AUTHORIZE AN AGREEMENT WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT, ODESSA-MONTOUR CENTRAL SCHOOL DISTRICT AND THE ARC OF SCHUYLER COUNTY TO UTILIZE THEIR FACILITIES AND RESOURCES IN THE EVENT OF A DISASTER OR PUBLIC EMERGENCY – EMERGENCY MANAGEMENT WHEREAS, security planning considerations require that the several participants herein have joint coordinated disaster on public emergencies and evacuation procedure, and WHEREAS, each of the parties hereto has a particular expertise or resource to be used in furtherance of the joint plan. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the agreements with Watkins Glen Central School, Odessa-Montour Central School and the ARC of Schuyler County; subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 107 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT WITH THE COLES & ASSOCIATES FOR APPRAISAL SERVICES – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Legislature by Resolution No. 43-06 requested the New York State Legislature to adopt special legislation amending New York State law to allow the Schuyler County Legislature to convey lands to the State and to receive replacement lands in substitution therefore, and WHEREAS, the New York State Legislature adopted such legislation and the Governor has signed such legislation into law, and WHEREAS, Schuyler County is now required to perform property appraisals on the parcels, and WHEREAS, Coles & Associates has agreed to perform the appraisals for the amount of $1,100. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Coles & Associates for the Emergency Management Department for land appraisals, funding available in the 2007 Emergency Management budget account no. 3020.400; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 108 Motion by Larison, Second by Marcellus. RE: RESOLUTION REQUESTING SUPPORT OF A STATEWIDE INITIATIVE BY THE COUNCIL PROBATION ADMINISTRATORS TO ENCOURAGE RESTORATION OF STATE AID TO FIFTY PERCENT – PROBATION DEPARTMENT WHEREAS, New York State Executive Law 246, which outlines State reimbursement for Probation services, states “State aid shall be granted to the city of New York and the respective counties outside the city of New York only to the extent of reimbursing fifty per centum of the approved expenditures incurred by the county or city in maintaining and improving local Probation services”, and WHEREAS, over the past two decades, local reimbursement for Probation services has decreased from 46.5% to lower than 20%, and WHEREAS, also during this period of time, the State has increased unfunded mandates on Probation departments such as interim supervision, DNA collections, sex offender registration, ignition interlock, and community service for DWI clients, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 43 WHEREAS, counties have been forced to assume a greater proportion of Probation costs, resulting in reduction in services and/or increases in property taxes, and WHEREAS, counties firmly believe that effective Probation services have historically proven to reduce reliance on incarceration and placements, as evidenced by the 63,000 felons and 43,000 juveniles currently receiving services, thereby providing a substantial savings to the State. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature joins with the New York State Council of Probation Administrators in supporting the restoration of State Aid to a full 50% of approved expenditures incurred by the city of New York and the counties in maintaining and improving local Probation services and requiring that any new public safety mandate imposed pursuant to State law, regulation, or executive order that imposes additional duties upon local Probation departments, or directly increases the population of offenders subject to the jurisdiction of any such department, be fully funded by the State. Vote: 7-0. RESOLUTION NO. 109 Motion by Larison, Second by Marcellus. RE: AUTHORIZE A NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES GRANT FOR BULLETPROOF VESTS – PROBATION DEPARTMENT WHEREAS, in order to promote safety for the Probation Officers in the Schuyler County Probation Departments, particularly when making field visits, which sometimes necessitate visiting the homes of potentially violent clientele, and WHEREAS, the Probation Director has been notified of the existence of a grant through the New York State Division of Criminal Justice Services to pay up to 50% of the costs of bulletproof vests, the other half being funded by a Federal grant having been applied for and approved through the Schuyler County Sheriff, and WHEREAS, there will be no County funds necessary to be expended for said vests upon receipt of said grants. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be authorized to sign any and all documents applying for said grant and that all said documents be forwarded to the New York State Division of Criminal Justice Services, subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 110 Motion by Larison, Second by Marcellus. RE: ACCEPT PROPOSAL FROM REGIONAL COMPUTER RECYCLING & RECOVERY, LLC., FOR THE 2007 USED ELECTRONICS RECYCLING DAY WHEREAS, the County has budgeted $250 for a Used Electronics Recycling Day, and WHEREAS, the Planning Office of Cornell Cooperative Extension has issued a Request for Proposals for said program with the approval of the Schuyler County Attorney. NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Planning Office of Cornell Cooperative Extension, and the Schuyler County Legislature hereby accepts the proposal from Regional Computer Recycling & Recovery, LLC., in an amount not to exceed $250, for a Used Electronics Recycling Day to be held May 19, 2007, at the Schuyler County Highway Department property, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to execute any and all documents necessary to carryout the above-referenced proposal acceptance; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 111 Motion by Bleiler, Second by Bingell. RE: ACCEPT PROPOSAL FROM CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., FOR THE 2007 HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY WHEREAS, the County has budgeted $4,500 for a Household Hazardous Waste Collection Day in 2007, and WHEREAS, the Planning Office of Cooperative Extension has issued a Request for Proposals for said program with the approval of the Schuyler County Attorney, and WHEREAS, no other bids were received. NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Planning Office of Cornell Cooperative Extension, that the Schuyler County Legislature hereby accepts proposal from Clean Harbors ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 44 Environmental Services, Inc., in an amount not to exceed $4,500, for a Household Hazardous Waste Collection Day to be held May 19, 2007, at the Schuyler County Highway Department property, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to execute any and all documents necessary to carryout the above-referenced proposal acceptance; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 112 Motion by Bingell, Second by Marcellus. RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2007 AMENDING LOCAL LAW NO. 2 OF THE YEAR 1974 TO ADD WORDING TO SECTION 5 AND 7 FOR THE ENVIRONMENTAL MANAGEMENT COUNCIL WHEREAS, Local Law Intro. No. 1/Local Law No. 2 of the Year 2007 Amending Local Law No. 2 of the Year 1974 to add wording to Section 5 and 7 for the Environmental Management Council, as heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held April 9, 2007 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 2007, 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 2007, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2007 A Local Law to amend Local Law No. 2 of the Year 1974 to add wording to Section 5 and 7. Be it enacted by the Legislature of the County of Schuyler that Local Law No. 2 of the year 1974 is hereby amended as follows: Section 5: Powers and Duties of the Council Add to Section 5 Apprise and advise local government, public and private agencies, and the general public concerning relevant larger regional environmental initiatives or concerns, conservation efforts, etc., and their potential impact on or value to the county. Section 7: Compensation and Expenses: Add subsection Conflict of Interest: Any member of the Council may participate in any deliberations and discussion of the Council concerning any item brought before the Council, but when said issue is of particular and special interest to a member, or may result in significant personal gain for a member, that member shall recuse his or herself from all deliberations and discussion and any votes of the Council concerning that issue. This Local Law shall take effect immediately upon passage. Vote: 7-0. RESOLUTION NO. 113 Motion by Bleiler, Second by Bingell. RE: RESOLUTION CALLING FOR INSURANCE REFORM TO SAVE THE EARLY INTERVENTION PROGRAM - PUBLIC HEALTH WHEREAS, commercial insurance payment to help finance the Early Intervention Program was intended in the enabling legislation, is included in state and local budgetary assumptions, and was a cornerstone in the design of the Early Intervention program, and WHEREAS, loopholes in current law have permitted commercial insurers to unfairly shift this responsibility to taxpayers for the past fourteen years, and WHEREAS, Early Intervention is an important program with a steep growth curve whose cost of services alone was forty-two times higher in 2002 than when the program began in 1993, and WHEREAS, Early Intervention consumes a large and growing percentage of local public health budgets, on average accounting for over one-fifth of local health department budgets in 2002, and WHEREAS, the cost of Early Intervention dwarfs that of any other single public health program, yet serves only a small percentage of the population, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 45 WHEREAS, without the intended contribution of commercial insurers, the viability of the Early Intervention program, as well as other public health services, is threatened, and WHEREAS, counties outside New York City doubled the amounts billed in Early Intervention services to commercial insurers in just two years time, exceeding the amounts billed to Medicaid, and WHEREAS, despite intensified billing efforts, the overall rate of recoupment actually dropped and the median county rate of recoupment remains in the single digits, and WHEREAS, although 44% of children in Early Intervention in 2005 had commercial insurance, commercial insurance paid for only 1% of Early Intervention costs and 70% of reconciled commercial insurance claims were denied, and WHEREAS, counties are required to bill commercial insurers despite low collections, or they face fiscal penalties from state auditors, resulting in a waste of administrative resources to submit insurance claims that are by and large denied payment, and WHEREAS, in Governor Spitzer’s Executive Budget, he had a proposal that the Individualized Family Services Plan meet precertification, preauthorization, and medical necessity requirements; and that insurers be prohibited from denying payment based on location of services, duration of child’s condition, or provider network participation, and WHEREAS, the Governor’s proposal was not passed in the budget adopted on April 1, 2007. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature continues to support the Governor’s proposal that was in the Executive Budget Article VII bill to approve commercial insurers be held accountable and to ensure the continuation of this important program, and BE IT FURTHER RESOLVED, that certified copies of this Resolution shall be forwarded to New York State Governor Elliot Spitzer, Senator George H. Winner, Jr. and New York State Thomas F. O’Mara to encourage them to please re-visit this proposal, and BE IT FURTHER RESOLVED, that certified copies of this Resolution shall also be forwarded to the New York State Association of Counties and the Inter-County Association of Western New York. Vote: 7-0. RESOLUTION NO. 114 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CONTRACT WITH PATRICIA CUNNINGHAM, NP FOR SERVICES - COMMUNITY SERVICES WHEREAS, the Community Services Department is in need of extended services, and WHEREAS, provision of these services would be beneficial to the operation of the mental health clinic in serving the needs of residents in Schuyler County, and WHEREAS, Patricia Cunningham, NP is qualified to provide the extended services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract with Patricia Cunningham for the provision of services, for the period April 10, 2007 through December 31, 2007 at an hourly rate of $62.00, not to exceed $23,000.00 annually, funding being available in the 2007 budget; subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 115 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM JULY 1, 2007 – JUNE 30, 2008 – 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, 2007 through June 30, 2008, 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, May 11, 2007. 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 11, 2007 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 46 Vote: 7-0. RESOLUTION NO. 116 Motion by Bleiler, Second by Bingell. RE: RECOGNIZE MAY 6 - 12, 2007 AS NATIONAL NURSES WEEK - HEALTH SERVICES WHEREAS, National Nurses Week is celebrated annually from May 6th, also known as National Nurses Day, through May 12th, the birthday of Florence Nightingale, the founder of modern nursing, and 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, 2007 as National Nurses Week 2007 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 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: 7-0. RESOLUTION NO. 117 Motion by Bleiler, Second by Bingell. RE: ACCEPT AND APPROVE OF THE WATERSHED PROTECTION AGENCY ONLINE POLICY AND PROCEDURES HANDBOOK - PUBLIC HEALTH WHEREAS, the Watershed Protection Agency has developed an Online Policy and Procedures Handbook which it would like to make available to the public, and WHEREAS, the Online Handbook is an attempt by the Watershed Protection Agency to increase awareness of the watershed rules, regulations, forms and procedures applicable in Schuyler County, and WHEREAS, putting this Online Handbook on the County Website, with the help of the County Information Technology Department, and WHEREAS, it is hoped that this Online Handbook will provide clarity and conciseness of the pertinent rules and regulations and how they are procedurally enforced within the County, and WHEREAS, the information contained in the Online Handbook will provide information currently provided through visits and telephone calls to the Watershed Protection Agency office, and WHEREAS, the information contained in the Online Handbook will provide accurate information to the necessary individuals and will thus increase compliance as well as provide environmental health and water quality benefits. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts and approves of the Watershed Protection Agency Online Policy and Procedures Handbook for posting on the Schuyler County Website. Vote: 7-0. RESOLUTION NO. 118 Motion by Bleiler, Second by Marcellus. RE: ESTABLISH 2007 - 2008 IMMUNIZATION GRANT - PUBLIC HEALTH ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 47 WHEREAS, Schuyler County’s annual immunization grant will be $18,900 for the period April 1, 2007 through March 31, 2008, and WHEREAS, this grant is 100% State funded. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2007 - 2008 Immunization Grant Budget as follows: AMOUNT ACOUNT NO. DESCRIPTION $12,170 4010.100-4023 Personnel $3,730 4010.489-4023 Fringe Benefits $500 4010.400-4023 Contractual $2,500 4010.446-4023 Maintenance in Lieu of Rent $18,900 4010.3401-4023 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. 119 Motion by Bleiler, Second by Marcellus. RE: ESTABLISH 2007 - 2008 LEAD GRANT - PUBLIC HEALTH WHEREAS, Schuyler County’s annual lead grant will be $25,000 for the period April 1, 2007 through March 31, 2008. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2007 - 2008 Lead Grant Budget as follows: AMOUNT ACOUNT NO. DESCRIPTION $13,735 4010.100-4063 Personnel $5,915 4010.489-4063 Fringe Benefits $2,100 4010.400-4063 Contractual $2,500 4010.446-4063 Maintenance in Lieu of Rent $750 4010.579-4063 Lead Testing $25,000 4010.4401-4063 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. 120 Motion by Bleiler, Second by Marcellus. RE: AUTHORIZE CONTRACT 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. 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, 2007, to be renewed annually, at a cost not to exceed $10,000.00, funding being available in the 2007 budget and subject to the approval of the County Attorney. Vote: 7-0. RESOLUTION NO. 121 Motion by Bleiler, Second by Bingell. RE: APPOINTMENTS – SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that Kevin Adams and Brenda Curren be appointed to the Schuyler County Youth Board for the term January 1, 2007 through December 31, 2009. Vote: 7-0. RESOLUTION NO. 122 Motion by Bleiler, Second by Bingell. RE: PROCLAIM THE MONTH OF MAY 2007 AS OLDER AMERICANS MONTH – OFFICE FOR THE AGING ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 48 WHEREAS, the Administration on Aging annually declares the month of May as National Older Americans Month, and WHEREAS, Schuyler County is home to over 3,700 older adults, and WHEREAS, the older adults in Schuyler County are among millions helping to redefine aging in America, and WHEREAS, older adults are entitled to live healthier lives through a combination of independence and choice, and WHEREAS, older citizens need the assistance of their communities to thrive, including the understanding and support from their friends and family, and WHEREAS, coordinated efforts to provide support on issues as diverse as transportation, in-home care, nutrition, legal and health insurance assistance, and health promotion topics can be vital to healthy aging and long-term living, and WHEREAS, the aging population is growing and offering more wisdom to succeeding generations than ever before. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim the month of May 2007 as Older Americans Month for Schuyler County. Vote: 7-0. RESOLUTION NO. 123 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE AN AGREEMENT WITH BACKYARD BROADCASTING FOR ADVERTISING – OFFICE FOR THE AGING WHEREAS, the Long Term Care Insurance Education and Outreach Program (LTCIEOP) and the Health Insurance Information, Counseling and Assistance Program (HIICAP) require marketing and outreach efforts as part of the grant, and WHEREAS, Backyard Broadcasting Holdings LLC, with an Elmira, NY base, can offer advertising services for up to four different local radio stations, and WHEREAS, Backyard Broadcasting requires a signed agreement for services, and WHEREAS, there is money specifically dedicated to advertising within the LTCIEOP and HIICAP budgets, with no local share. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an agreement with Backyard Broadcasting for an amount not to exceed $5,000 with funding for said work to be paid from the Office for the Aging account no. 6772.401; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 124 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AN AGREEMENT WITH FINGER LAKES RADIO GROUP FOR ADVERTISING – OFFICE FOR THE AGING WHEREAS, the Long Term Care Insurance Education and Outreach Program (LTCIEOP) and the Health Insurance Information, Counseling and Assistance Program (HIICAP) require marketing and outreach efforts as part of the grant, and WHEREAS, Finger Lakes Radio Group, with a Dundee, NY base, can offer advertising services, and WHEREAS, Finger Lakes Radio Group requires a signed agreement for said services, and WHEREAS, there is money specifically dedicated to advertising within the LTCIEOP and HIICAP budgets, with no local share. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an agreement with Finger Lakes Radio Group for an amount not to exceed $5,000 with funding for said work to be paid from the 2007 Office for the Aging account no. 6772.401; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 125 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AN AGREEMENT WITH MARY ELLEN GAGE FOR HICAP TRAINING – OFFICE FOR THE AGING ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 49 WHEREAS, the Area Agency on Aging (AAA), locally known as the Office for the Aging, acknowledges that the Health Insurance Information, Counseling and Assistance Program (HIICAP) is a volunteer-based program and will be operated as such, and WHEREAS, the AAA must increase and enhance the counselor work force and equip them to be proficient in the areas associated with Medicare, EPIC, retiree insurance, the Medicare Savings Program and Long Term Care Insurance, and WHEREAS, HIICAP Coordinators must oversee the training and quality of service provided by all volunteers and staff and must annually certify that volunteers have satisfied the annual training requirements, and WHEREAS, Mary Ellen Gage, from Tioga Opportunities, Inc. Department of Aging is qualified to provide HICAP training to the Schuyler County Office for the Aging at a cost of mileage reimbursement to be paid at the county mileage rate, for a total reimbursement cost of $50.44, and WHEREAS, there is money available in the HIICAP budget for said trainings and expenses. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract with Mary Ellecn Gage for the Office for the Aging for HICAP training for the month of February, 2007 in the amount of $50.44; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 126 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CONTRACT EXTENSION WITH THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORICAL PRESERVATION – BUILDINGS & GROUNDS WHEREAS, Resolution 58-03 authorized a contract for New York State Clean Water/Clear Air Act Funds for Seneca Harbor Park that was to expire March 31, 2005, and WHEREAS, said funds were used for Seneca Harbor Park Phase II construction, and WHEREAS, Phase II construction came in under budget, and WHEREAS, the New York State Office of Parks, Recreation and Historical Preservation has approved the use of the remaining funds to be used on Seneca Harbor Park Phase III work to be done this summer, and WHEREAS, it took more time than originally planned to obtain required permits for Phase III, which therefore delays construction until 2006, and WHEREAS, there are certain areas that need landscaping after the completion of curbing, lighting, and 140 blacktopped parking spaces in October 2006, and WHEREAS, Resolution 97-05 extended the contract with the New York State Office of Parks, Recreation and Historical Preservation to December 31, 2005, and WHEREAS, Resolution 436-05 extended the contract with the New York State Office of Parks, Recreation and Historical Preservation to December 31, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a grant contract extension to expire September 30, 2007 with the New York State Office of Parks, Recreation and Historical Preservation; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 127 Motion by Bingell, Second by Marcellus. RE: AUTHORIZE CHAIRMAN OF THE LEGISLATURE TO SIGN CONSIGNMENT CONTRACT WITH TEITSWORTH AUCTION SERVICE – 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: 7-0. RESOLUTION NO. 128 Motion by Bingell, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR TWO TANDEM AXLE TRUCKS WITH PLOW UNITS – HIGHWAY DEPARTMENT ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 50 WHEREAS, the Highway Department is in need of a two new tandem axle dump trucks with plow units, and WHEREAS, advertisement for bids of the same where made and opened at the bid opening on March 14, 2007. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Schuyler County Highway Superintendent, the Schuyler County Legislature hereby accepts the bid from Beam Mack in the amount of $278,829.80; funds available in the 2007 budget account number 5130.284, and BE IT FURTHER RESOLVED, that all other bids received are hereby rejected, with a note of appreciation for their participation. Vote: 7-0. RESOLUTION NO. 129 Motion by Bingell, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR ASPHALT EMULSIONS WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the first year of a two-year contract renewal option for Asphalt Emulsions, and WHEREAS, the following bidders have agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2007 through March 31, 2008. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bid extensions: Vestal Asphalt 210 Stage Road Vestal, NY 13850 Central Asphalt 20 Fairground Lane Watkins Glen, NY 14891 Penn Can Asphalt Materials Inc. PO Box 501 Jamesville, NY 13078 Copies of these bids are available for inspection at the Highway Office. Vote: 7-0. RESOLUTION NO. 130 Motion by Bingell, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SAND & SELECT GRANULAR FILL WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the first of a two-year contract renewal option for gravel, Sand & Select Granular Fill, and WHEREAS the following bidders have agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2007 through March 31, 2008. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bid extensions: Padua Ridge . Eric Machuga Pit 3362 SR 409 9845 Walton Road Watkins Glen, NY 14891 Bradford, NY 14815 Odessa Sand & Gravel Newfield Gravel Corp. 226 Cecil A Malone Drive 226 Cecil A Malone Drive Ithaca, NY 14850 Ithaca, NY 14850 Angelo Sand & Gravel 226 Cecil A Malone Drive Ithaca, NY 14850 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 51 Copies of these bids are available for inspection at the Highway Office. Vote: 7-0. RESOLUTION NO. 131 Motion by Bingell, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR COLD MIX STOCK PILE PATCHING MATERIAL WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the first year of a two-year contract renewal option for Cold Mix, and WHEREAS, the following bidders have agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2007 through March 31, 2008. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bid extensions: 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: 7-0. RESOLUTION NO. 132 Motion by Bingell, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SAND & SELECT GRANULAR FILL – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the first of a two-year contract renewal option for gravel, Sand & Select Granular Fill, and WHEREAS the following bidders have agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2007 through March 31, 2008. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bid extensions: Padua Ridge . Eric Machuga Pit 3362 SR 409 9845 Walton Road Watkins Glen, NY 14891 Bradford, NY 14815 Odessa Sand & Gravel Newfield Gravel Corp. 226 Cecil A Malone Drive 226 Cecil A Malone Drive Ithaca, NY 14850 Ithaca, NY 14850 Angelo Sand & Gravel 226 Cecil A Malone Drive Ithaca, NY 14850 Copies of these bids are available for inspection at the Highway Office. Vote: 7-0. RESOLUTION NO. 133 Motion by Bingell, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR GUIDERAIL – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-07 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 22, 2007. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 52 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. Vote: 7-0. RESOLUTION NO. 134 Motion by Bingell, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR PAVEMENT MARKINGS PART A ONLY – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-07 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 22, 2007. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bid for “PART A” only: Zebra Paint Striping 365 Second Street N. Hornell, NY 14843 BE IT FURTHER RESOLVED, that the following bid be rejected: M & S Striping Co. 134 Florence Street Mamaroneck, NY 10543 Copies of these bids are available for inspection at the Highway Office. Vote: 7-0. RESOLUTION NO. 135 Motion by Bingell, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR GALVANIZED PIPE, FLARED END SECTIONS – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-07 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 22, 2007. 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: 7-0. RESOLUTION NO. 136 Motion by Bingell, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR READY MIX CONCRETE, CONCRETE RETAINING WALL BLOCKS – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-07 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 22, 2007. 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 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 53 Knight Settlement PO Box 191, Knight Settlement Road Bath, NY 14810 Copies of these bids are available for inspection at the Highway Office. Vote: 7-0. RESOLUTION NO. 137 Motion by Bingell, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR ICE CONTROL SAND – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20 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 22, 2007. 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 Angelo Sand and Gravel Padua Ridge LLC 226 Cecil A. Malone Drive 3362 Rt. 409 Ithaca, NY 14850 Watkins Glen, NY 14891 Odessa Sand and Gravel 226 Cecil A. Malone Drive Ithaca, NY 14850 Copies of these bids are available for inspection at the Highway Office. Vote: 7-0. RESOLUTION NO. 138 Motion by Bingell, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR CRUSHED STONE (LIMESTONE) CRUSHED GRAVEL WHEREAS, Resolution No. 20-07 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 22, 2007. 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 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: 7-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 54 RESOLUTION NO. 139 Motion by Bingell, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR SIGNS, SIGN POSTS, EXTENSIONS AND SIGN BLANKS – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-07 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 22, 2007. 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: Item I Chemung Supply PO Box 527 Elmira, NY 14902 Signs and Sign Blanks: Items I and II Allmac Signs 10 Captain Scott Road Harwich, MA 02645 Copies of these bids are available for inspection at the Highway Office. Vote: 7-0. RESOLUTION NO. 140 Motion by Bingell, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR STEEL PIPE, POLYETHYLENE PIPE, GABION BASKETS, STEEL PLATE & SHOP STEEL – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-07 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 22, 2007. 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: 7-0. RESOLUTION NO. 141 Motion by Bingell, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR TIRES – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-07 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 22, 2007. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bid: Ron Parmenter Motors, Inc. 103 railroad Street ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 55 Odessa, NY 14869 Copies of this bid are available for inspection at the Highway Office. Vote: 7-0. RESOLUTION NO. 142 Motion by Bingell, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR TREE AND STUMP REMOVAL – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-07 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 22, 2007. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bid: Terry Tree Service LLC 225 Ballantyne Road Rochester, NY 14623 Copies of this bid are available for inspection at the Highway Office. Vote: 7-0. RESOLUTION NO. 143 Motion by Bingell, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR HOT MIX ASPHALT CONCRETE AND ASPHALT SPECIFIED IN- PLACE PROJECTS – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-07 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 22, 2007. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bids: ALL BIDS ACCEPTED FOR HOT MIX ASPHALT & UNSPECIFIED PROJECTS Hanson Aggregates BRD, Inc. Gravel & Contracting Co Seneca Stone P.O. Box 513 2105 S. Broadway P.O. Box 76 Jamesville, NY 13078 Pine City, N.Y.14871 Fayette, NY 13065 A.L. Blades & Sons, Inc Narde Paving Chemung Contracting Corp PO Box 590, 7610 County Route 65 400 East 14th Street 2105 South Broadway Hornell, NY 14843 Elmira Heights,NY 14903 Pine City, NY 14871 BID ACCEPTED FOR PROJECTS #1 and #4 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 #4 and #6 Chemung Contracting Corp. 2105 South Broadway Pine City, NY 14871 Narde Paving 400 East 14th Street Elmira Heights,NY 14903 BID ACCEPTED FOR PROJECTS #2 and #3 and #6 Chemung Contracting Corp. 2105 South Broadway Pine City, NY 14871, and BE IT FURTHER RESOLVED, that the following bids be rejected for Projects #3 and #6 A.L. Blades & Sons, Inc ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 56 PO Box 590, 7610 County Route 65 Hornell, NY 14843 Narde Paving 400 East 14th Street Elmira Heights,NY 14903, and BE IT FURTHER RESOLVED, that all bids be rejected for Project #5 and Copies of these bids are available for inspection at the Highway Office. Vote: 7-0. RESOLUTION NO. 144 Motion by Fagan, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR COON HOLLOW BRIDGE REMOVAL – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 49-07 authorized the advertising for bids for the Removal of the Coon Hollow Bridge project, and WHEREAS, bids were opened on March 22, 2007 and reviewed with the recommendation being made by Hunt Engineers to accept the low bid from Frampton Construction. NOW THEREFORE, BE IT RESOLVED, upon recommendation of the Public works Committee, the Schuyler County Legislature hereby accepts the following low bid from Frampton Construction for the removal of the Coon Hollow Bridge at the low bid price of $54,000.00, funding available in the 2007 budget account no. 5120.584, and BE IT FURTHER RESOLVED, that all other bids received are hereby rejected, with a note of appreciation for their participation. Vote: 7-0. RESOLUTION NO. 145 Motion by Fagan, Second by Bingell. RE: AMEND RESOLUTION NO. 377-06 TITLED “INSURANCE BUY-OUT PROGRAM FOR ALL COUNTY EMPLOYEES” WHEREAS, the County has offered an insurance buy-out program to all county employees since 2001 in an effort to save costs in health insurance, and WHEREAS, pursuant to Resolution No. 377-06, the county extended this provision to married employees, and WHEREAS, effective beginning with the year 2007, the County wishes to increase the payment issued to those who opt out of the county’s health insurance program. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 377-06 be amended to change the payments of One Thousand Dollars ($1,000) for family coverage, or Five Hundred Dollars ($500) for individual coverage to One Thousand Two Hundred Fifty ($1,250) for family coverage, and Six Hundred Fifty ($650) for individual coverage, beginning with the year 2007. Vote: 7-0. RESOLUTION NO. 146 Motion by Fagan, Second by Bingell. RE: AMEND THE ADMINISTRATIVE POLICY FOR ALL DEPARTMENTS – HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) WHEREAS, Resolution No. 257-04 authorized adoption of the Administrative Policy for all departments in relation to the Health Insurance Portability and Accountability Act (HIPAA), and WHEREAS, said policy designated an Administrative Oversight Committee to monitor compliance with the provisions of HIPAA, to develop policy recommendations for the Legislature and to address other HIPAA matters as they arise, and WHEREAS, at their last meeting of March 13, 2007, the Administrative Oversight Committee reviewed the Administrative Policy and recommends a change in the administrative oversight portion of the policy from the Chairman of the Legislature to the County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby amends their HIPAA Administrative Policy as follows: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 57 I. Administrative Oversight …The Administrative Oversight Committee is to report to the County Administrator. Chairman of the Legislature through the Clerk of the Legislature. II. Standards, Rules and Procedures to Promote Compliance Paragraph 5: The County Administrator Chairman of the Legislature will designate the Designated Privacy Official(s) as responsible to remain updated on changes in the standards and report any changes to the Committee. The County Administrator Chairman will reserve the County Attorney’s Office for legal consultation as needed. Vote: 7-0. RESOLUTION NO. 147 Motion by Fagan, Second by Bingell. RE: RECOGNIZE WEEK OF APRIL 15, 2007 THROUGH APRIL 21, 2007 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 15, 2007 through April 21, 2007 as “National Volunteer Week” in Schuyler County, and BE IT FURTHER RESOLVED, the Legislature further hopes that these dedicated volunteers continue to enrich our lives, through their most excellent example; their warmth, commitment and generosity, being an inspiration to us all. To each of them we express the thanks of a grateful citizenry. Vote: 7-0. RESOLUTION NO. 148 Motion by Fagan, Second by Bingell. 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 $12,113.65 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 $12,113.65 to the Town of Hector for road maintenance in the Hector Land Use Area. Vote: 7-0. RESOLUTION NO. 149 Motion by Fagan, Second by Bingell. RE: DECLARE MISCELLANEOUS EQUIPMENT JUNK/DISPOSED - PURCHASING WHEREAS, various departments have returned their fixed asset list to the Purchasing Department which contains equipment that has been junked/disposed that has never been removed from the fixed asset module. NOW, THEREFORE, BE IT RESOLVED, that pursuant to County Law Section 215, the County Legislature hereby declares the attached list (to be placed on file in the Purchasing Department) of equipment Junk/Disposed. Vote: 7-0. RESOLUTION NO. 150 Motion by Larison, Second by Bleiler. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO RENEW THE ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW WHEREAS, Schuyler County was authorized, by state legislation, to increase sales tax by 1% effective March 1, 2000, and WHEREAS, this authorization needs to be renewed every two years, and the current authorization will expire at the end of 2007, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 58 WHEREAS, the New York State Legislature could authorize the Schuyler County Legislature to continue to impose an additional 1% sales tax for another two-year period. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature to adopt special legislation to amend such laws, including the New York State Tax Law, to authorize the Schuyler County Legislature to continue to impose an additional 1% sales tax for the years 2007-2008, 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 F. O’Mara and to the Majority and Minority Leaders of the New York State Senate and Assembly. Vote: 7-0. RESOLUTION NO. 151 Motion by Larison, Second by Bleiler. RE: RESOLUTION APPROVING AND AUTHORIZING THE ISSUANCE OF CERTAIN TAX-EXEMPT REVENUE BONDS BY THE SCHUYLER COUNTY HUMAN SERVICES DEVELOPMENT CORPORATION AND THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS WHEREAS, the Schuyler County Legislature (the “Legislature”) approved the formation of the Schuyler County Human Services Development Corporation (the “Issuer”) as a not-for-profit local development corporation pursuant to Section 1411 of the Not-for-Profit Corporation Law (“N-PCL”) of the State of New York (the “State”) by Resolution No. 271-06 adopted on August 14, 2006, and WHEREAS, the Issuer was established pursuant to a certificate of incorporation filed with the New York Department of State on August 23, 2006 (the “Certificate”), and WHEREAS, the Legislature, as the elected legislative body of Schuyler County, New York (the “County”) has been advised that the Issuer desires to finance a certain Project (as defined below) through the issuance of its Tax-Exempt Revenue Bonds (Schuyler County Human Services Department Corporation Project), Series 2007, in an aggregate principal amount not to exceed $6,000,000 (the “Bonds”), and WHEREAS, the Issuer desires to issue the Bonds for the purpose of assisting in financing a certain project (the “Project”) consisting of: the acquisition by the Issuer of an approximately 6.23-acre parcel of land located at the corner of Route 14 and Oswego Street in the Village of Montour Falls, New York (the “Land”) and the approximately 50,160 square-foot existing building located thereon (the “Building”), (ii) the general renovation, upgrading and improvement of the Building in order to provide the County with new office space and related improvements for use by departments and certain not-for-profit social service agencies providing services in the County (the “Improvements”) and (iii) the acquisition and installation in and around the Improvements of certain items of equipment, machinery and other tangible personal property (the “Equipment” and, collectively with the Land, the Building and the Improvements, the “Facility”); such Facility to be owned and operated by the Issuer; the lease of the Facility to the County and certain other social services agencies serving the County; the funding of a debt service reserve fund as security for the payment of the principal of and interest on the Bonds and the paying of certain costs and expenses incidental to the issuance of the Bonds (the costs associated with items through above being hereinafter referred to as the “Project Costs”), and WHEREAS, the County has entered into a certain Purchase and Sale Agreement, dated March 2, 2007 and relating to the County’s acquisition of the Land and the Building from the current owner thereof (the “Purchase Contract”) and the Issuer wishes to accept the assignment of rights and obligations from the County under the Purchase Contract in furtherance of undertaking the Project, and WHEREAS, in connection with the issuance of the Bonds, and to provide a revenue stream for repayment of same, the Issuer and the County contemplate entering into a certain Lease Agreement, dated as of April 1, 2007 (or such other appropriate date) (the “Lease Agreement”), pursuant to which the Issuer shall lease the Facility to the County and the County shall lease the Facility from the Issuer and make, subject to annual appropriation, rental payments thereunder in an amount sufficient to pay, among other things, the principal of and interest on the Bonds, and WHEREAS, the County previously authorized the execution and delivery of the Lease Agreement pursuant to Local Law 4 of 2006, adopted by the Legislature on September 11, 2006 and filed with the Department of State on September 18, 2006, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 59 WHEREAS, certain portions of the Facility are not contemplated for use by the County and shall be subleased by the County back to the Issuer, pursuant to a certain County sublease agreement, dated as of April 1, 2007 (or such other appropriate date), by and between the County and the Issuer (the “County Sublease Agreement”) and thereafter sub-subleased on a short-term basis by the Issuer to various subtenants which are organizations formed under Section 501(c)(3) of the Code (collectively, the “Subtenants”), and WHEREAS, in furtherance of approving the County Sublease Agreement, the County duly scheduled, noticed and conducted a public hearing to discuss same on April 9, 2007 pursuant to and in accordance with N- PCL Section 1411(d), and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), the Issuer held a public hearing on February 13, 2007, at 11:00 a.m., local time, at Schuyler County Office Building, Legislative Chambers, 105 Ninth Street, Watkins Glen, New York 14891, in connection with the Project, and WHEREAS, pursuant to a resolution adopted by the Issuer on April 4, 2007 (the “SEQRA Resolution”) following a coordinated review with the Village of Montour Falls, the Issuer adopted a “Negative Declaration” as such term is defined pursuant to the State Environmental Quality Review Act (“SEQRA”), finding that the Project will not result in a potential significant adverse environmental impact and that the preparation of an environmental impact statement is not required, and WHEREAS, pursuant to and in accordance with a Bond Resolution adopted by the Issuer, dated April 4, 2007 (the “Bond Resolution”), the Bonds will be issued by the Issuer pursuant to an Indenture of Trust (the Indenture”), dated as of April 1, 2007 (or such other appropriate date), by and between the Issuer and The Bank of New York, as trustee (the “Trustee”), and WHEREAS, the Legislature, on behalf of the County, desires to approve the terms and conditions of the Lease Agreement and Sublease Agreement, and WHEREAS, pursuant to and in accordance with applicable provisions of the Code, the Legislature, on behalf of the County, desires to approve and authorize the issuance of the Bonds by the Issuer. NOW, THEREFORE, BE IT RESOLVED, by the Legislature as follows: Section 1. The County hereby concurs that the Issuer is undertaking the Project pursuant to the purposes and powers set forth within N-PCL Section 1411 and the Certificate, and further acting in the public interest by lessening the burdens of government by: i) Providing office and operating facilities for entities whose primary missions include relieving and reducing unemployment, promoting and providing for additional and maximum employment, and bettering and maintaining job opportunities within the County; ii) Lessening the burdens of government by effectively shielding the County from unknown liabilities associated with acquiring the Land and acting as a proprietary landlord for the Building; iii) Allowing for flexible lease terms to be extended to the Subtenants, along with future development opportunities to be realized for excess portions of the Land; iv) Renovating and placing into service a long-vacant building located within a the Village of Montour Falls (the “Village”) that has and continues to struggle with a faltering economy, thereby addressing the economic development needs of the community; and v) Consolidating employees of the County and the Subtenants into a single location that will bring much needed business and traffic to Village businesses and stimulate indirect, yet crucial fiscal impacts – which, in turn, lead to further economic development and job growth. Section 2. The County finds and determines that it is desirable and in the public interest for the Issuer to issue and sell the Bonds to be dated the date of issuance and sale, upon the terms and conditions, in the principal amount and at the rate(s) of interest set forth in the Indenture. The County hereby approves the issuance of the Bonds for purposes of Section 147(f) of the Code for the purposes set forth above. Section 3. The County approves the Lease Agreement and the County Sublease Agreement, in such forms as presented to this meeting, with such changes as are approved by the County Administrator, in consultation with the County Attorney. Pursuant to and in accordance with N-PCL Section 1411(d), the County hereby finds that the excess portions of the Building to be relet by the Issuer to the Subtenants is not needed for ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 60 County use. The County Administrator is hereby authorized, on behalf of the County, to execute and deliver the Lease Agreement and County Sublease Agreement, along with any other documents and instruments necessary and incidental thereto or in connection with the issuance of the Bonds, subject, however, to approval by the County Administrator in consultation with the County Attorney. Section 4. The County acknowledges that the Bonds will be limited obligations of the Issuer payable, with respect to the Issuer, solely from Trust Revenues (as defined within the Indenture) pledged by the Issuer, including Lease payments made to the Issuer by the County pursuant to the Lease Agreement. The Lease Agreement shall be deemed executory only to the extent of monies appropriated by the County and available for the purpose of the Lease Agreement, and no liability on account of the Bonds shall be incurred by the County beyond the amount of such monies. The Lease Agreement and the Bonds will not be general obligations of the County or the State. Neither the full faith and credit nor the taxing power of the County or the State are pledged to the payment of any amount due under the Lease Agreement or the Bonds. Notwithstanding the foregoing, the County acknowledges and understands that the Issuer shall pledge all revenues received from the County appropriated for and tendered pursuant to the Lease Agreement to the Trustee in order to assure timely payment of the principal and interest on the Bonds. Section 5. The County hereby authorizes the issuance of a Preliminary Official Statement and Official Statement (in substantially the form presented to this meeting) with respect to the issuance of the Bonds, such documents to contain a disclosure statement relating to the County. Further, the County Administrator is hereby authorized to approve the final form of each disclosure document and statement and, on behalf of the County, execute and deliver and documents and certificates in connection with the Issuer’s undertaking of the Project and the issuance of the Bonds, including, but not limited to, the Lease Agreement, the Sublease Agreement, a “deemed final certificate” pursuant to municipal securities disclosure Rule 15(c)2-12, and any other documents and instruments approved as to form and substance by the County Attorney. Section 6. This Resolution shall be in full force and effect from and after its adoption on the 9th day of April, 2007. Vote: 7-0. RESOLUTION NO. 152 Motion by Larison, Second by Bleiler. RE: RESOLUTION TO DECLARE 2004 TAX MAP SET SURPLUS – REAL PROPERTY TAX SERVICE WHEREAS, the Real Property Tax Service annually microfilms the Schuyler County tax map set, and no longer has use for the 2004 tax map set. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that this County Legislature hereby declares as surplus the 2004 tax map set and authorizes the Real Property Tax Office to dispose of the same. Vote: 7-0. RESOLUTION NO. 153 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS & SURVEYORS FOR DESIGN WORK – BUILDINGS & GROUNDS WHEREAS, building security devices are needed in the Watkins Glen Shared Document Facility, the Schuyler County Human Services Building and an upgrade to the Courthouse Complex, and WHEREAS, it is imperative to design building access and visual security that is effective, and WHEREAS, Hunt Engineers Architects & Surveyors has proposed to provide design bid specifications at a cost of $4,000. 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 $4,000 plus reimbursable costs; funding available in the 2007 Buildings and Grounds budget account no. 1620.400; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 154 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT WITH WILSON RESTAURANT EQUIPMENT – BUILDINGS & GROUNDS ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 61 WHEREAS, the design of the commercial kitchen for Office for the Aging in the Schuyler County Human Services Building is an important part of Office for the Aging service to senior citizens of Schuyler County, and WHEREAS, Wilson Restaurant Equipment has proposed to provide design specifications at a cost of $3,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a contract with Wilson Restaurant Equipment for Design and documents at a cost of $3,000, funding to be paid from account no. 1620.400; subject to approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 155 Motion by Larison, Second by Bingell. RE: MOTION TO BRING ONE ADDITIONAL RESOLUTION TO THE FLOOR BE IT RESOLVED, that one additional Resolution be brought the floor. Vote: 7-0. RESOLUTION NO. 156 Motion by Bleiler, Second by Bingell. RE: RESCIND RESOLUTION NO. 101-07 TITLED “ACKNOWLEDGE APPOINTMENT AND SET SALARY - DIRECTOR OF PATIENT SERVICES POSITION – PUBLIC HEALTH” WHEREAS, Resolution No. 101-07 appointed Patrice Birch as Director of Patient Services in Public Health, and WHEREAS, Patrice declined the job offer after the Resolution had passed. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 101-07 is hereby rescinded. Vote: 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Fagan reported that the transportation committee will meet tomorrow, April 10th at 6:30 p.m. to view the evaluation that is complete. Their one goal will be to improve schedules from Montour Falls to Watkins Glen. Legislator Larison reported on the Fish and Wildlife Board. The Department of Environmental Conservation (DEC) personnel that have been part-time will be made full-time as the work cannot be done. He also reported that an extra canine unit was also approved of to increase awareness. COUNTY ADMINISTRATOR’S REPORT: None. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:21 P.M. Stacy B. Husted, Clerk Peggy Tomassi, Conf. Sec. to the County Administrator PUBLIC HEARING MAY 7, 2007 The Public Hearing of May 7, 2007 was called to order at 7:15 p.m. by the Ag & Farmland Protection Board Vice-Chair Geraldine No public was present for the hearing and no comments were made. The Public Hearing was adjourned at 7:16 p.m. REGULAR MEETING MAY 14. 2007 The May 14, 2007 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 Chairman Gifford and followed by a Moment of Silence. All Legislators were present, except Legislator Karius, who was absent and Legislator Fagan who was excused. Assistant County Attorney Hazlitt and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 62 RESOLUTION NO. 157 Motion by Bingell, Second by Larison. RE: APPROVE MINUTES OF THE APRIL 9, 2007 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the April 9, 2007 Regular Meeting of the Schuyler County Legislature be approved. Vote: 6-0. RESOLUTION NO. 158 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE AMENDING RESOLUTION NO. 36-07 TITLED “AMENDING RESOLUTION 344-06 TO ESTABLISH 2006 - 2007 EARLY INTERVENTION/CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT - PUBLIC HEALTH” WHEREAS, Resolution 344-06 established the 2006-2007 Early Intervention/Children with Special Health Care Needs grant for the period October 1, 2006 through September 30, 2007, and WHEREAS, Resolution 36-07 divided the grant into two separate contracts, and WHEREAS, there has been a Cost Of Living Adjustment (COLA) increase. NOW, THEREFORE, BE IT RESOLVED, that the Treasurer be authorized to amend the Lead Grant Budget as follows: Children with Special Health Care Needs: OLD AMOUNT NEW AMOUNT ACCOUNT NO. DESCRIPTION $10,164 $10,320 4010.100-4035 Personnel $3,517 $3,587 4010.489-4035 Fringe Benefits $2,459 $2,459 4010.400-4035 Contractual $0 $0 4010.446-4035 MILR $16,140 $16,366 4010.4451-4035 Revenue, and BE IT FURTHER RESOLVED, that Resolution No. 344-06 be amended to reflect the above change for the Children with Special Health Care Needs budget, 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: 6-0. RESOLUTION NO. 159 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE AMENDING THE EARLY INTERVENTION PROVIDERS CONTRACTS - PUBLIC HEALTH WHEREAS, the Public Health Department has contracts with the following providers for the Schuyler County Early Intervention Program: Arnot Ogden Medical Center, Services Provider John Ball, OT Service Provider 600 Roe Avenue, Elmira, NY 14905 3027 Lovers Lane, Watkins Glen, NY 14891 NYS Easter Seal Society, Service Provider Franziska Racker Center, Provider/Evaluations 845 Central Avenue, Albany, NY 12206 3226 Wilkins Road, Ithaca, NY 14850 Miller Associates, Provider/Evaluations Strong Center for Developmental Disabilities, Evaluations PO Box 1307, Elmira, NY 14902 601 Elmwood Avenue, Box 671, Rochester, NY 14642 133 N. Main Street, Horseheads, NY 14845 Cerebral Palsy of Chemung Co., Provider/Evaluations Yates Arc/Keuka Lake Schools, Provider/Evaluations PO Box 1554, Elmira, NY 14902 270 Lake Street, Penn Yan, NY 14527, Pediatric Physical Therapy, Provider/Evaluations 133 North Main Street Horseheads, NY 14845, and WHEREAS, there is a need for more specific wording in the agreements, and WHEREAS, the New York State Department of Health has provided a model contract which incorporates the new wording and program changes to be consistent with the New York State Early Intervention guidelines. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to amend these Early Intervention agreements effective January 1, 2007 through December 31, 2007, to be ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 63 renewed annually, 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. 160 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE AMENDING THE CONTRACT WITH FINGER LAKES PARENT NETWORK, INC. - COMMUNITY SERVICES WHEREAS, the Community Services Department has a contract with Finger Lakes Parent Network, Inc. for January 1, 2007 through December 31, 2007, for family support services and for the provision of parent advocates, and WHEREAS, the New York State Office of Mental Health has issued revised State Aid letters, increasing funding to Finger Lakes Parent Network, Inc. by $1,609.00 due to Cost of Living Adjustments (COLA), and WHEREAS, the Finger Lakes Parent Network, Inc. has requested additional funding of $540.00 for Internet connections and improvements. 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, Inc., increasing the amount of the contract by $2,149 to an amount not to exceed $43,977, funding available in the Mental Health budget, account no. 4310.435, subject to the approval of the County Attorney. Vote: 6-0. RESOLUTION NO. 161 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE A CONTRACT WITH CATHOLIC CHARITIES OF CHEMUNG/SCHUYLER COUNTIES FOR SUPPORTED HOUSING SERVICES AND AUTHORIZE AMENDING THE 2007 BUDGET - COMMUNITY SERVICES WHEREAS, the New York State Office of Mental Health has made money available to Schuyler County Community Services to provide supported housing services, and WHEREAS, there is a need to provide such services to Schuyler County residents, and WHEREAS, Catholic Charities of Chemung/Schuyler Counties is able and willing to provide these services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Catholic Charities of Chemung/Schuyler Counties for the provision of supported housing services for the period January 1, 2007 through December 31, 2007, to be renewed annually, for an amount not to exceed $16,045, at no local share cost, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2007 Mental Health Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION + 16,045 4310.3490 State Aid - Mental Health + 16,045 4310.435 Professional Fees & Services Vote: 6-0. RESOLUTION NO. 162 Motion by Bleiler, Second by Yuhasz. RE: APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that Erik Ellison be appointment to the Schuyler Count Youth Board for the term January 1, 2007 through December 31, 2007. Vote: 6-0. RESOLUTION NO. 163 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE GRANT APPLICATION FOR THE OFFICE OF CHILDREN AND FAMILY SERVICES (OCFS) TRUST FUND GRANT – YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center program, and WHEREAS, in order to contract for program development and oversight funding is needed, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 64 WHEREAS, the OCFS Trust Fund offers funding up to $150,000 with renewal up to four years. The first two years of funding require no local match, year three requires a 25% match and year four and any years afterward a 50% match, said match will be in the form of in-kind services. 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 by the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 164 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR THE OFFICE OF PUBLIC HEALTH AND SCIENCE GRANT – YOUTH BUREAU WHEREAS, the Youth Bureau is looking to enhance the well-being of youth in Schuyler County through a Summer Tennis Program, and WHEREAS, no other entity in Schuyler County provides for a summer tennis program, and WHEREAS, funding is needed in order to provide a tennis program, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and WHEREAS, there is no local share and the total amount of the grant would be up to $5,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for funding for the Summer Tennis Program and any subsequent contracts; subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 165 Motion by Bleiler, Second by Bingell. RE: PROCLAIM JUNE 15, 2007 AS ELDER ABUSE AWARENESS DAY WHEREAS, the Fingerlakes Elder Abuse Coalition, along with the Schuyler County Office for the Aging and the Department of Social Services, seeks to educate the general public on issues of elder mistreatment and to facilitate legislative change, and WHEREAS, people who are elderly have contributed to the general welfare of Schuyler County by helping to preserve customs, values, and traditions of many people from diverse backgrounds, and WHEREAS, said residents are vital and integral members of our society and their wisdom and experience have enriched our lives, and WHEREAS, abuse of the elderly in domestic and institutional settings is a noted problem, affecting hundreds of thousands of people across the country, and WHEREAS, abuse affected more than 2,609 elderly New Yorkers in 2006, and WHEREAS, elder abuse is grossly underreported because the elderly who are being abused find it very difficult to tell anyone and are usually ashamed and sometimes afraid, and WHEREAS, elder abuse happens to men and women of all income levels, all cultural and ethnic groups, in rural or urban neighborhoods, and to those in good health or with some level of incapacitation. NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim the day of June 15, 2007 as Elder Abuse Awareness Day in Schuyler County, and urge all citizens to work together to help diminish abuse and mistreatment of our elderly population. Vote: 6-0. RESOLUTION NO. 166 Motion by Bleiler, Second by Bingell. RE: AUTHORIZATION TO ENTER INTO A COLLABORATIVE AGREEMENT WITH YATES COUNTY AND SCHUYLER COMMUNITY SERVICES BOARD - SOCIAL SERVICES WHEREAS, Yates County has entered into an agreement with the Finger Lakes Addiction Counseling And Referral Agency (FLACRA) for evaluation, counseling, treatment and support programs for adults and youth with addiction dependency problems together with the New York State OASAS Qualified Service Organization/Business Association Agreement for the Managed Addiction Treatment Services program, (MATS), and WHEREAS, Schuyler County, acting through its Department of Social Services and with Schuyler Community Services Board, desires to enter into the MATS program as administered by Yates County, and WHEREAS, the County of Schuyler will assist in making Medicaid recipient addiction services ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 65 consumers available for participation in MATS and shall provide its local share funding via the Schuyler County Department of Social Services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into an agreement for the term January 1, 2007 through December 31, 2007 with Schuyler County Department of Social Services; Schuyler County Community Services Board and Yates County to provide MATS services to eligible Schuyler County residents; not to exceed $4,000; funding available in account no. 6010.401; subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 167 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE ADVERTISING FOR BIDS TO REPLACE ROOFS ON THREE COUNTY BUILDINGS – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 82-07 accepted a proposal for architectural services with Foor & Associates Architects, 110 Baldwin Street, Elmira, NY 14901 to replace the Highway, District Attorney, and Jail building roofs, and WHEREAS, bid specifications with architectural drawings are completed and it is now necessary to advertise for bids for roof replacements, and WHEREAS, funding for said project is available in Capital Reserve account no. 004.1620.209. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to advertise for bids to replace the Highway, District Attorney, and Jail building roofs, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature will receive bids to be opened at an open public meeting. Vote: 6-0. RESOLUTION NO. 168 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE ADVERTISING FOR BIDS FOR THE PURCHASE AND INSTALLATION OF A SECURITY SYSTEM FOR CERTAIN COUNTY BUILDINGS – BUILDINGS & GROUNDS WHEREAS, Resolution No. 153-07 authorized a contract with Hunt Engineers Architects & Surveyors for Schematic Design and contract documents for building security devices at Watkins Glen Shared Document Facility, the Schuyler County Human Services Building, and an upgrade to the Courthouse Complex and Mill Creek Center, and WHEREAS, bid specifications with Schematic Design and contract documents are completed and it is now necessary to advertise for bids for purchase and installation, and WHEREAS, funding for said project is available in Capital Reserve account no. 004-1620.209. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to advertise for bids for building security devices at Watkins Glen Shared Document Facility, the Schuyler County Human Services Building and an upgrade to the Courthouse Complex and Mill Creek Center, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature will receive bids to be opened at an open public meeting. Vote: 6-0. RESOLUTION NO. 169 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE ADVERTISING FOR BIDS FOR THE CONSTRUCTION OF STILLWELL ROAD BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 21-06 accepted a proposal for engineering services from Hunt Engineers for the replacement of Stillwell Road Bridge over Taughannock Creek BIN #3332390, and, WHEREAS, the project design is completed and it is now necessary to advertise for bids for construction, and WHEREAS, funding for said project is available in the 2007 budget account no. 5120.583. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for the construction of the Stillwell Bridge Replacement. Vote: 6-0. RESOLUTION NO. 170 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE ADVERTISING FOR BIDS FOR COUNTY ROUTE 23 CULVERT REPLACEMENT – ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 66 HIGHWAY DEPARTMENT WHEREAS, Resolution No. 340-06 accepted a proposal for engineering services from Hunt Engineers for the replacement of the CR 23 culvert, and WHEREAS, the engineering plans are completed and it is now necessary to advertise for bids for construction, and WHEREAS, funding for said project is available in the 2007 budget account number 5120.570. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for the Replacement of CR 23 Culvert. Vote: 6-0. RESOLUTION NO. 171 Motion by Bingell, Second by Yuhasz. RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2007 SETTING THE SALARY FOR THE POSITION OF COUNTY TREASURER WHEREAS, County Law permits and requires the Legislature to set the salaries of all officials paid from County funds. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2/ Local Law No. 3 of the year 2007 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 June 11, 2007 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2007 A Local Law Setting the Salary for the Position of Treasurer for the fiscal years 2008, 2009, 2010 and 2011. Section 1. LEGISLATIVE INTENT This Local Law in enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salary of the position of Treasurer for the fiscal years 2008, 2009, 2010 and 2011. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal year 2008 the annual salary for the Treasurer is hereby established, to wit: TITLE 2008 SALARY County Treasurer $51,000 Effective with the first County payroll for fiscal years 2009, 2010 and 2011 the annual salary of the following official shall be adjusted by the Consumer Price Index (CPI). The CPI to be used for this adjustment will be the New York Area of the Urban Wage Earners and Clerical Workers (CPI-W) Group. The adjustment will be made annually based on the CPI from the July Bureau of Labor Statistics data report. Vote: 6-0. RESOLUTION NO. 172A Motion by Bleiler, Second by Yuhasz. RE: MOTION TO TABLE RESOLUTION NO. 172 BE IT RESOLVED, that Resolution No. 172 be tabled for further amendments to be made. Vote: 6-0. RESOLUTION NO. 172 Motion by Bleiler, Second by Yuhasz. RE: ADOPT AN UPDATED INVESTMENT POLICY – TREASURER’S OFFICE - TABLED WHEREAS, Resolution No. 268 of 1989 adopted an Investment Policy for Schuyler County, and WHEREAS, said policy has not been updated since then and there are some changes that need to be made. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts an updated Investment Policy as prepared by the Schuyler County Treasurer, attached hereto and on file in the Legislative Office with Section VII amended to now read as follows: VII. DESIGNATION OF DEPOSITARIES The banks and trust companies authorized for the deposit of monies and the maximum amounts will be set at the beginning of each year by the Legislative Board at the Organizational meeting. RESOLUTION NO. 173 Motion by Bingell, Second by Yuhasz. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 67 RE: DECLARE VARIOUS EQUIPMENT SURPLUS/JUNK – PURCHASING WHEREAS, various departments have declared equipment junk or surplus. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the following equipment/vehicles surplus to be bid out, for placement in an auction, or disposed of: Sheriff’s Department 1977 Ford Van, VIN B37HH2353601L00 No FA # (Surplus) 1969 14” Larson boat/motor s/n: 8493DK Tag 4225 (Surplus) Cox Boat Trailer (Surplus) 1998 Jeep Cherokee VIN 1JF68S2WL235274 FA # 3343 (Surplus) Public Health 1996 Chevrolet Corsica VIN 1G1LD5548TY256590 Tag 30 (Surplus) Buildings and Grounds Panasonic Fax S/N: 3FAFA001300 Tag 5479 (Junk) Youth Bureau Chair, wooden arms grey cloth FA # 2288 (Surplus) Highway Tape Backup Sony FA # 5499 (Junk) Highway Radio Motorola Maxtrec s/n: 546TXG1438 FA # 3450 (Junk) Real Property Tax Set of 2004 Tax Maps (Surplus) Vote: 6-0. RESOLUTION NO. 174 Motion by Bingell, Second by Yuhasz. RE: APPOINTMENT – SCHUYLER COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL BE IT RESOLVED, that Adrianna Hirtler be appointed to the Schuyler County Environmental Management Council as the Village of Burdett Representative to fill the unexpired term of Janice Arcangeli- Neira until December 31, 2007. Vote: 6-0. RESOLUTION NO. 175 Motion by Bingell, Second by Yuhasz. RE: PROCLAIM THE WEEK OF MAY 20-26, 2007 AS EMERGENCY MEDICAL SERVICES WEEK – EMERGENCY MANAGEMENT WHEREAS, Emergency Medical Services is a vital public service, and WHEREAS, the members of emergency medicals services team are ready to provide lifesaving care to those in need 24 hours a day, 7 days a week, and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury, and WHEREAS, emergency medical services providers have traditionally served as the safety net of America's health care system, and WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, certified first responders, firefighters, educators, administrators, and other, and WHEREAS, approximately two-thirds of all emergency medical services providers are volunteer, and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills, and WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals, and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designated Emergency Medical Services Week, and WHEREAS, injury prevention and the appropriate use of the EMS System will help reduce national health care costs. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby proclaims the week of May 20-26, 2007 as Emergency Medical Services Week and encourages the community to observe this week with appropriate programs, ceremonies and activities. Vote: 6-0. RESOLUTION NO. 176 Motion by Larison, Second by Bingell. RE: APPOINTMENT – COUNTY CORONER ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 68 WHEREAS, Dr. James Norton, M.D. has resigned from his position as County Coroner effective May 15, 2007, and WHEREAS, Blanche Borzell, M.D., Chief Coroner, has recommended Dr. William J. Saks, M.D. to fill said vacancy until such time a general election can be held to fill the unexpired term. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Dr. William J. Saks, M.D. as County Coroner to fill the vacancy of Dr. James Norton, M.D., effective immediately until December 31, 2007. Vote: 6-0. RESOLUTION NO. 177 Motion by Larison, Second by Bingell. RE: APPOINTMENTS – SCHUYLER COUNTY PLANNING COMMISSION BE IT RESOLVED, that Nicholas Kelly be appointed to the Schuyler County Planning Commission to fill the unexpired term of Wayne Weber as the Village of Watkins Glen Representative until December 31, 2008, and BE IT FURTHER RESOLVED, that Sharon Weidemer be appointed to the Schuyler County Planning Commissioner to fill the unexpired term of Donna Kelly as the Village of Montour Falls Representative until December 31, 2007. Vote: 6-0. RESOLUTION NO. 178 Motion by Larison, Second by Bingell. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.4950 AND ASSEMBLY BILL A.7838 AUTHORIZING AN ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature pass Senate Bill S.4950 and Assembly Bill A.7838 to adopt special legislation, an act to amend the tax law, in relation to the tax law on sales and the compensating use tax to be imposed in the County of Schuyler, 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, and to the Majority and Minority Leaders of the New York State Assembly and Senate. Vote: 6-0. RESOLUTION NO. 179 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT EXTENSION WITH THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR THE COMPLETION OF THE SCHUYLER COUNTY WATER AND SEWER EXTENSION PROJECT WHEREAS, Resolution No. 170-01 authorized a contract with the New York State Department of Environmental Conservation (NYSDEC) for the creation of the Schuyler County Water & Sewer District and WHEREAS, project construction did not begin until September 2002. NOW, THEREFORE, BE IT RESOLVED, that the contract deadline with the NYSDEC be extended until March 31, 2008 with final completion expected by late 2007, early 2008, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign said grant contract extension at no cost to the County, upon approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 180 Motion by Bingell, Second by Larison. RE: AUTHORIZE INCREASE IN HOURS AND ACKNOWLEDGE APPOINTMENT OF THE LEGAL SECRETARY POSITION – COUNTY ATTORNEY’S OFFICE WHEREAS, the Legal Secretary has submitted her resignation effective May 16, 2007, and WHEREAS, the County Administrator has approved of filling said vacancy, and WHEREAS, the Legal Secretary position in the County Attorney’s Office currently works 26.25 hours per week, and WHEREAS, there is a tremendous need for an increase in these hours to help with the workload in the office, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 69 WHEREAS, there are funds available in the Social Services 2007 budget to fund this full-time position and the Commissioner of Social Services had agreed thereto. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the increase in hours from 26.25 hours per week to 35 hours per week for the Legal Secretary position in the County Attorney’s Office, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature acknowledges the appointment by James P. Coleman, County Attorney, of Donna Hyer as Legal Secretary to work 35 hours a week, effective June 4, 2007 at an annual salary of $32,000 to be placed in Grade Level C of the Management/Confidential Salary Plan. Vote: 6-0. RESOLUTION NO. 181 Motion by Bingell, Second by Larison. RE: AUTHORIZE AMENDING RESOLUTION NO. 393-06 TITLED “APPROVAL OF THE OFFICE FOR THE AGING 2007 ANNUAL IMPLEMENTATION PLAN FOR THE OLDER AMERICANS ACT AND NYS COMMUNITY SERVICES FOR THE ELDERLY PROGRAMS” – OFFICE FOR THE AGING WHEREAS, Resolution No. 393-06 approved of the Annual Implementation Plan for the year 2007, and WHEREAS, Office for the Aging is required to submit an Annual Implementation Plan which includes plans for programs operated by the Office for the Aging, said programs being listed in the Resolution each year, and WHEREAS, the Long Term Care Insurance Education and Outreach Program (LTCIEOP) had been inadvertently omitted from the list of programs in the Resolution, and WHEREAS, the Office for the Aging Director wishes to add the LTCIEOP to the plan. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 393-06 be amended to add the Long Term Care Insurance Education and Outreach Program (LTCIEOP) to the list of programs in the second Whereas clause . Vote: 6-0. RESOLUTION NO. 182 Motion by Bingell, Second by Larison. RE: ACCEPT PROPOSAL AND AUTHORIZE AGREEMENT WITH HUNT ENGINEERS, ARCHITECTS & LAND SURVEYORS, P.C. FOR A FIBER OPTIC OUTSIDE PLANT DESIGN – INFORMATION TECHNOLOGY WHEREAS, the new Schuyler County Human Services Building, the new Shared Document Facility, Mill Creek Center and the current County Office Building are in need of a Fiber Optic Outside Plant Design, and WHEREAS, the Building Maintenance Supervisor and the Information Technology Director have requested quotes from engineering firms for said design, have reviewed them and recommend that the proposal from Hunt Engineers, Architects & Land Surveyors, P.C. be accepted. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the proposal from Hunt Engineers, Architects & Land Surveyors, P.C. in the amount of $15,146, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an agreement with Hunt Engineers, Architects & Land Surveyors, P.C. in the amount of $15,146 for a Fiber Optic Outside Plant Design, funding is available in the 2007 Capital Reserve Account no. 004-1620-209 to pay for said agreement; subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that when the Fiber Optic Outside Plant Design work is complete by Hunt Engineers, the Building Maintenance Supervisor is hereby authorized to advertise for bids for said Plant project. Vote: 6-0. NEW BUSINESS: Legislator Marcellus expressed concerns regarding the lack of Physical Therapists in Schuyler County that are approved Providers for the Empire Insurance Plan. He discussed the fact that a Physical Therapist just recently opened a new business in Watkins Glen, but had stated that she were denied being a provider for Empire Plan Insurance as she was told that there were already enough providers in the area. He said he has ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 70 found out now that there no other Physical Therapists approved as Empire Providers in Schuyler County. He hoped the Legislature would support a Resolution to send to our local Senator and suggesting to help with an appeal with the denial decision. He also felt sending the Resolution to Mr. Daniel Gundersen, the Upstate Co-Chairman for Economic Development Corporation, might help foster this small business with there dilemma by making him aware of the circumstances. This business owner was a tier one provider in Ithaca previously for the Empire Plan. He said he spoke with the Clerk earlier today and she suggested that a letter of support for her appeal might be appropriate. Chairman Gifford felt that passing a Resolution or letter, was not appropriate for one individual business. Instead, he suggested that George Roets, Director of Community Services/Public Health, should look into it further. George Roets was present and added that this county has a problem with availability of physical therapists. He would be prepared to write a letter from his department to have that provider reconsidered and support her efforts. Legislator Bleiler recommended that his Human Services committee discuss it next week. He felt more information from the therapist would be helpful. Administrator O’Hearn recommended that she attend the Human Services Committee and bring documentation with her for further discussion. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Bleiler reported on the Human Services Committee. He reported that recently the Youth Bureau had a retreat and one person brought a bottle to give a demonstration of what was available in the local stores and a possible danger to youth. The mini bottle looked like one from a hotel. It turns out that it is a product made by Anhiser Bush and it is 12% alcohol. It was displayed along side of the food products at the News Room Store. They can sell it because they have a liquor license. Anhiser Bush has advertised that they are aware of this being sold along side of those items. The product is supposed to be mixed with your beer to get a special kick. He wanted to point this product out so that others are of it, not for any action to be taken, but just be aware at this point. Legislator Bingell recommends that someone speak to the store personally. Legislator Larison reported on attending the April Inter-County Association of Western New York meeting held in Orleans County. They learned about the Ethanol plant and how it cost $90 million. The plant hired over four-hundred employees. He gave them a report on what he witnessed. He also reported on wind mills and land use laws. Legislator Bingell reported on the Public Works Committee. She reported that County Route 21 was currently being worked on and reminded everyone to be careful when traveling on County Roads because of all the roadwork being done. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reminded everyone that the Office for the Aging was holding there Annual Dinner Dance this Thursday, May 17, 2007. The event will be starting at 3:30 p.m. this year. He also reminded everyone of the Leadership Schuyler Graduation being held at the Montour Moose Club in Montour Falls that same day at 5:00 p.m. He then reported that the new Human Services Building in Montour Falls was moving along very fast. He provided the Legislature with an update about the Schuyler Steps Out Walking Program and let everyone know how the event recognition picnic went. He explained that there was a cook out on the County lawn and awards were provided to participants. Donations were provided which allowed for the event to happen. A dish to pass was also provided by participants. The food was excellent. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:03 P.M. Stacy B. Husted, Clerk SPECIAL MEETING MAY 23, 2007 The May 23, 2007 Special Meeting of the Schuyler County Legislature was called to order at 9:25 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present. Assistant County Attorney Morris and County Administrator O’Hearn were also present. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 71 PUBLIC PARTICIPATION: None. RESOLUTION NO. 183 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. PROCLAIM JUNE 1, 2007, “CANCER SURVIVORS’ DAY” IN SCHUYLER COUNTY 2. AUTHORIZE ACCEPTANCE OF THE STIPULATION AND ORDER FROM THE DEPARTMENT OF HEALTH – PUBLIC HEALTH Vote: 7-0. RESOLUTION NO. 184 Motion by Larison, Second by Bingell. RE: PROCLAIM JUNE 1, 2007, “CANCER SURVIVORS’ DAY” IN SCHUYLER COUNTY WHEREAS, the First Annual Schuyler County Relay For Life®, an event sponsored by the American Cancer Society, is taking place on Friday, June 1, 2007, on the grounds of Watkins Glen High School, and WHEREAS, National Cancer Survivors’ Day is celebrated annually on the first Friday in June, and WHEREAS, local Survivors are being honored at a Survivors’ Reception immediately prior to the beginning of said Relay For Life and WHEREAS, we wish to also honor and respect these valiant Survivors, and WHEREAS, cancer occurs in men, women, and children of all ages, all income levels, all cultural and ethnic groups, in rural, suburban, or urban neighborhoods, and to those perceived to be in good health or with some level of incapacitation, and WHEREAS, the Cancer Burden in Schuyler County is one of the highest in New York State, with cancer not respecting the customs, values, and traditions of the many people who come from diverse backgrounds and social strata, and WHEREAS, having cancer is very difficult to discuss with others, many Survivors being ashamed, and sometimes afraid of cancer, and burdened by its effects on not only themselves, but also their families and loved ones. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim June 1, 2007, as “CANCER SURVIVORS’ DAY” in Schuyler County, and urges all citizens to work together to help the Relay For Life® as it REAPS much-needed funds for RESEARCH, EDUCATION, ADVOCACY, & PATIENT SERVICES for our brave citizens battling cancer. Legislator Marcellus in at 9:28 a.m. Vote: 7-0. Abstain: Marcellus. RESOLUTION NO. 185 Motion by Larison, Second by Bingell. RE: AUTHORIZE ACCEPTANCE OF THE STIPULATION AND ORDER FROM THE DEPARTMENT OF HEALTH – PUBLIC HEALTH WHEREAS, Schuyler County consents to the Stipulation and Order from the Department of Health and accepts its terms and conditions, and WHEREAS, the County also waives any right to challenge or review this Stipulation and Order through administrative or judicial proceedings, and WHEREAS, pursuant to Sections 12 and 206 of the Public Health Law, a civil Penalty of $3,000 will be paid to the New York State Department of Health within thirty Days of the effective date of the Stipulation and Order. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign the Stipulation and Order from the Department of Health, and BE IT FURTHER RESOLVED, that said civil penalty payment in the amount of $3,000 is to be paid from the 2007 budget account no. 4010.435-Professional Fees. Vote: 7-0. Abstain: Marcellus. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:29 a.m. Stacy B. Husted, Clerk ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 72 REGULAR MEETING JUNE 11, 2007 The June 11, 2007 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 Gifford and followed by a Moment of Silence. All Legislators were present. Assistant County Attorney Morris and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None. 7:00 P.M. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2007 SETTING SALARY FOR THE POSITION OF COUNTY TREASURER. None. RESOLUTION NO. 186 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE MAY 7, 2007 PUBLIC HEARING, THE MAY 14, 2007 REGULAR MEETING AND THE MAY 23, 2007 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the May 7, 2007 Public Hearing, the May 14, 2007 Regular Meeting and the May 23, 2007 Special Meeting of the Schuyler County Legislature be approved. Vote: 8-0. RESOLUTION NO. 187 Motion by Larison, Second by Bingell. -RE: AUTHORIZE A CONTRACT AMENDMENT WITH WESLEY ROE, ESQ. – PUBLIC DEFENDER’S OFFICE WHEREAS, the Public Defender’s Office currently has a contract with Wesley Roe, Esq. for conflicts of interest, multiple defendants or multiple parties and Public Defender’s Office overload cases for the period January 1, 2007 to December 31, 2007, at a rate of $2,500.00 per month plus mileage at the rate of .375 cents per mile, and WHEREAS, the County’s mileage reimbursement rate has increased, and WHEREAS, the Public Defender wishes to amend the contract with Wesley Roe, Esq. to increase the mileage rate to the current County rate of $.485 cents per mile, and WHEREAS, there is funding available in the 2007 Public Defender’s Office budget account number 1170.430-mileage to pay for said increase. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the 2007 contract with Wesley Roe, Esq. for an increase in mileage reimbursement to be that of the current county rate, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 188 Motion by Larison, Second by Bingell. RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH EMERGENCY MANAGEMENT, NEW YORK STATE POLICE AND THE VILLAGE OF WATKINS GLEN POLICE DEPARTMENT – SHERIFF’S OFFICE / EMERGENCY MANAGEMENT WHEREAS, the New York State 911 Board requires all counties to have a Closest Car Dispatching Policy for Law Enforcement Agencies, and WHEREAS, a Closest Car Dispatching Policy would be beneficial to Law Enforcement and the safety of the residents of Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that Sheriff, William E. Yessman Jr., and William Kennedy, Schuyler County Emergency Management Director, be authorized to enter into a Memorandum of Understanding concerning the dispatching of the closet law enforcement car with the New York State Police and the Village of Watkins Glen Police Department, subject to the approval of the County Attorney. Vote: 8-0. RESOLUTION NO. 189 Motion by Larison, Second by Bingell. RE: AUTHORIZE THE CREATION AND FILLING OF TWO PART-TIME REGISTERED PROFESSIONAL NURSE POSITIONS – SHERIFF’S OFFICE ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 73 WHEREAS, the New York State Commission of Corrections requires correctional facilities to have a medical staff, and WHEREAS, it has been recommended that the Schuyler County Jail be staffed twenty hours each week by a registered nurse, and WHEREAS, instead of creating one registered nurse position to work twenty hours a week, it is the Sheriff’s recommendation to create two part-time registered professional nurse positions, to work as needed, no more than 17 hours a week each, and not to exceed a combined total of 20 hours a week, and WHEREAS, the creation of these positions will reduce the costs and security concerns associated with transporting inmates from the Schuyler County Jail to area medical facilities, and WHEREAS, the Sheriff is requesting to create these two part-time positions to be placed in grade level 11 of the CSEA Administrative Unit Contract, upon the approval of the County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the Sheriff is hereby authorized to create and fill two part-time registered professional nurse positions, in grade level 11, at an hourly rate of $18.97 per hour, effective immediately. Vote: 8-0. RESOLUTION NO. 190 Motion by Larison, Second by Bingell. RE: AUTHORIZE THE CREATION AND FILLING OF SIX PART-TIME DEPUTY SHERIFF POSITIONS – SHERIFF’S OFFICE WHEREAS, at times additional Deputy Sheriffs are required due to the ever changing requirements of public safety, and WHEREAS, three Deputy Sheriff positions will be transferred to the New York State Office of Courts later this year, and WHEREAS, those same three people have the ability to continue employment in a part time status with the Sheriff’s Department, and WHEREAS, several other experienced Deputy Sheriffs from surrounding counties have also expressed an interest in part time employment with the Schuyler County Sheriff’s Office, and WHEREAS, the Sheriff is requesting to create these six positions, upon the approval of the County Administrator. WHEREAS, funding for these positions is included in the 2007 budget. NOW, THEREFORE, BE IT RESOLVED, that the Sheriff is hereby authorized to create six additional part-time Deputy Sheriff positions at an hourly rate of $13.24 per hour. Vote: 8-0. RESOLUTION NO. 191 Motion by Larison, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES – SHERIFF’S OFFICE WHEREAS, the New York State Division of Criminal Justice Service has awarded $10,000.00 in grant funding to the Schuyler County Sheriff’s Office for the implementation of a laptop computer program in patrol vehicles, and WHEREAS, this funding will enable the Sheriff’s Office to purchase laptop computers and related equipment to equip patrol vehicles so that electronic accident reports and traffic tickets can be utilized, and WHEREAS, there is no matching grant funding required from the county. 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, said documents subject to the approval of the County Attorney. Vote: 8-0. RESOLUTION NO. 192 Motion by Larison, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR THE LOCAL EMERGENCY MANAGEMENT PERFORMANCE GRANT – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for assistance under the Local Emergency Management Performance Grant for Federal Fiscal Year 2007 (FFY07), and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 74 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 FFY07 allocation for Schuyler County under this planning program is $9,355.99. 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. 193 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPLICATION FOR REIMBURSEMENT OF ELIGIBLE COSTS ASSOCIATED WITH WIRELESS E-911 SERVICES – EMERGENCY MANAGEMENT WHEREAS, the Department of State has determined counties share of funding for the Wireless 911 Program, and eligible reimbursement for Schuyler County is in the amount of $11,256.00 for State Fiscal Years 2006-2007 budget for costs incurred between April 1, 2006 through March 31, 2009, and WHEREAS, the Emergency Management Office wishes to apply for said funds. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the Wireless E-911 Program; subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 194 Motion by Larison, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR US HOMELAND SECURITY COMMERCIAL DIRECT ASSISTANCE PROGRAM (CEDAP) – EMERGENCY MANAGEMENT WHEREAS, the US 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, and WHEREAS, if rewarded the grant, the State will provide the County with a piece of equipment, at no local share cost. 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. 195 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPLICATION AND CONTRACT FOR 2007/2008 NEW YORK STATE AID TO PROSECUTION GRANT - DISTRICT ATTORNEY 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 2007/2008 New York State 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. 196 Motion by Larison, Second by Bingell. RE: AUTHORIZE A CONTRACT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR A VIOLENCE AGAINST WOMEN GRANT - DISTRICT ATTORNEY WHEREAS, grant monies have been made available by the for the purpose of assisting the Schuyler County District Attorney’s Office with prosecution of domestic violence and community awareness; NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney and the Chairman of the Legislature to sign a contract for the 2007/2008 New York State Violence Against Women Grant, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 75 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 ($37,000 with a County match of $12,333); which documents are to be approved by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 197 Motion by Larison, Second by Bingell. RE: AUTHORIZE A GRANT APPLICATION WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE 2007/2008 NEW YORK STATE VIOLENCE AGAINST WOMEN GRANT – ONE TIME ONLY - DISTRICT ATTORNEY WHEREAS, has grant funding available for the purpose of assisting the Schuyler County District Attorney’s Office with the purchase of equipment, and WHEREAS, this grant is estimated to be in the amount of $20,000 with a County match of $6,667 (in kind). NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2007/2008 Violence Against Women Grant (one time only), in the amount not to exceed $20,000 with an in-kind match of $6,667. Vote: 8-0. RESOLUTION NO. 198 Motion by Larison, 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 LAMOKA LAKE/MILL POND BE IT RESOLVED, that the 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 and 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/Mill Pond EWM Eradication Project, and further, to carry out and comply with the terms of such project agreement. Vote: 8-0. RESOLUTION NO. 199 Motion by Bleiler, 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 the 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 and 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 Waneta Lake EWM Eradication Project, and further, to carry out and comply with the terms of such project agreement. Vote: 8-0. RESOLUTION NO. 200 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD – COMMUNITY SERVICES WHEREAS, the Community Services Board has a vacancy, and WHEREAS, Tamre Waite has expressed an interest in serving on the Community Services Board. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Tamre Waite to the Community Services Board for the term of May 14, 2007 through December 31, 2010. Vote: 8-0. RESOLUTION NO. 201 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE APPOINTMENT TO THE PROFESSIONAL ADVISORY COMMITTEE - PUBLIC HEALTH ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 76 WHEREAS, Shannon Cunningham is resigning from the Professional Advisory Committee, and WHEREAS, she has requested that Linda Donelson, RN be appointed in her place. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature accept the resignation of Shannon Cunningham and appoints Linda Donelson, RN to the Professional Advisory Committee effective April 26, 2007 through December 31, 2007. Vote: 8-0. RESOLUTION NO. 202 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE AN INTER-MUNICIPAL AGREEMENT WITH THE TOWNS OF ORANGE AND TYRONE FOR WASTEWATER MANAGEMENT - PUBLIC HEALTH WHEREAS, an Inter-municipal Agreement is needed to establish that the Watershed Protection Agency is to act as agent of the Town of Orange and the Town of Tyrone, and WHEREAS, the Watershed Protection Agency will be authorized to receive payment from the Protection District for the wastewater inspection program, and WHEREAS, the sum of $10,000 will be paid to the Watershed Protection Agency for the inspection program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement between Public Health Watershed Protection Agency and the Towns of Orange and Tyrone, for the provision of wastewater inspections for the period January 1, 2007 through December 31, 2007, in the amount of $10,000, to be renewed annually, at no local share cost, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 203 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE A CONTRACT WITH ACCESS SYSTEMS FOR CONSULTANT SERVICES - HEALTH SERVICES WHEREAS, Health Services is desirous of improving their overall efficiency for managing and maintaining files, documents and records, and WHEREAS, Access Systems has presented a proposal to analyze our system and provide assessment and consulting services in this area. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to execute a contract with Access Systems, effective July 1, 2007 through June 30, 2008, at an amount not to exceed $12,000, funds available in the Health Services budget, account no. 4310.435-4316, at no local share cost, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 204 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE A CONTRACT WITH CAROL FIORELLA TO PROVIDE RESPITE SERVICES FOR CHILDREN - COMMUNITY SERVICES WHEREAS, Community Services has a need to provide respite services for children, and WHEREAS, Carol Fiorella has been a licensed foster care provider since 1991 and has provided respite services since 2001. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to execute a contract with Carol Fiorella for respite services for children, at a rate of $60.00 per day, effective May 1, 2007 through December 31, 2007, to be paid from account no. 4310.435, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 205 Motion by Karius, Second by Bleiler. RE: AUTHORIZE A CONTRACT RENEWAL WITH SCHUYLER COUNTY YOUTH BUREAU FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH WHEREAS, the Schuyler County Health Department is responsible for the Early Intervention Program, and WHEREAS, the Health Department receives funding from the New York State Department of Health for the administration of this program, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 77 WHEREAS, the Schuyler County Youth Bureau, through its Families First program, has agreed to provide some of the administrative services and coordination. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the Schuyler County Youth Bureau, effective October 1, 2006 through September 30, 2007, at an amount not to exceed $7,500, funds available in the Public Health budget account no. 4010.400- 4035 & 4010.400-4036, with no local share cost, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 206 Motion by Karius, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES 2007-2008 – PUBLIC HEALTH WHEREAS, Resolution No. 115-07 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, 2007 to June 30, 2008 in the amount of $200.00, per child per day plus $20.00 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Birnie Transportation for transportation of preschool handicapped children to and from Pathways Preschool Program from July 1, 2007 to June 30, 2008 in the amount of $225.00, per child per day plus $25.00 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for transportation of preschool handicapped children to and from Franziska Racker Centers from July 1, 2007 to June 30, 2008 at $190.00 per child, with a $20.00 per additional child fee be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for transportation of preschool handicapped children to and from Chemung County UCP from July 1, 2007 to June 30, 2008 at $190.00 per child per day with a $20.00 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, 2007 to June 30, 2008 at $190.00 per child per day with a $20.00 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, 2007 to June 30, 2008 in the amount of $2.25 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 2007 budget, account no. 2960.440-Travel; contracts subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 207 Motion by Karius, Second by Bleiler. RE: LOCAL LAW INTRO. NO. 3 OF THE YEAR 2007 AMENDING LOCAL LAW NO. 4 OF THE YEAR 2001 TO INCREASE THE MINIMUM ALTERNATIVE VETERAN’S EXEMPTION IN ACCORDANCE WITH REAL PROPERTY TAX LAW SECTION 458-A WHEREAS, the Real Property Tax Director and the Management & Finance Committee recommend raising the minimum alternative veteran’s exemption amounts. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3/Local Law No. 4 of the year 2007 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 July 9, 2007 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO NO. 3/LOCAL LAW NO. 4 OF THE YEAR 2007 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 78 A Local Law to amend Local Law No. 4 of the Year 2001 to Increase the Minimum Alternative Veteran’s Exemption in accordance with Real Property Tax Law Section 458-A Be it enacted by the Legislature of the County of Schuyler as follows: Section 3. Henceforth the exemption amounts provided for under § 2 shall be as follows: Subd. Basic exemption amount $12,000 Subd. Basic exemption amount $ 8,000 Subd. Basic exemption amount $40,000 Section 4. All other provisions of NYS Real Property Tax Law Section 458-a shall control. Section 5. This Local Law shall take effect immediately upon filing with the Secretary of State. Vote: 8-0. WITHDRAWN RE: AUTHORIZE A GRANT APPLICATION FOR DOMESTIC VIOLENCE/RUNAWAY AND HOMELESS YOUTH COLLABORATION ON THE PREVENTION OF ADOLESCENT DATING VIOLENCE – YOUTH BUREAU - WITHDRAWN WHEREAS, there is a need in Schuyler County to prevent abuse in adolescent dating, and WHEREAS, funding is available through the Administrative for Children & Families, Department of Health & Human Services, and WHEREAS, this grant offers funding in the amount of $75,000 for a three-year period 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 and any subsequent contracts; subject to review of the Schuyler County Attorney. RESOLUTION NO. 208 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE A GRANT APPLICATION FOR A TRIANGLE FUND GRANT – YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center program, and WHEREAS, funding is needed 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 for 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 review of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 209 Motion by Bleiler, Second by Yuhasz. RE: APPOINTMENT - SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Julie Knowles to the Schuyler County Youth Board for the term January 1, 2007 through December 31, 2009. Vote: 8-0. RESOLUTION NO. 210 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZATION TO INCREASE FAMILY FOSTER CARE RATES, ADOPTION SUBSIDY RATES AND CLOTHING RATES – SOCIAL SERVICES WHEREAS, the New York State Office of Children and Family Services (OCFS) is implementing a provision of the New York State 2006-07 Enacted State Budget, which authorizes cost-of-living-adjustments for foster care and adoption subsidy rates, and WHEREAS, OCFS requires a 2.3% increase in all foster care, adoption subsidy and clothing allowance rates effective April 1, 2007, and WHEREAS, funds to cover the increases are included in the Department’s budget, account no. 6109.400, 6119.400, and 6123.400. NOW, THEREFORE, BE IT RESOLVED, that the following daily foster care and adoption subsidy rates be adopted effective April 1, 2007: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 79 MAXIMUM STATE AGE GROUP FROM TO AID RATE (MSAR) 0-3 years $14.02day $14.34/day (diapers incl.) $16.83 4-5 years $12.34/day $12.62day $15.09 6-11 years $13.92/day $14.24/day $18.18 12+ years $16.21/day $16.58/day $21.04 Special Rate $27.13/day $27.75/day $36.33 Exceptional Rate $40.06/day $40.98 day $55.07, and BE IT FURTHER RESOLVED, that the following clothing rates, which are paid in three equal allotments in April, August and December, be adopted effective April 1, 2007: AGE GROUP FROM TO INSTALLMENT 0-5 years $331/annually $339/annually $113.00 6-11 years $462/annually $474/annually $158.00 12-15 years $717/annually $735/annually $245.00 16+ $877/annually $897/annually $299.00 Vote: 8-0. RESOLUTION NO. 211 Motion by Karius, Second by Bleiler. RE: AUTHORIZE AN AGREEMENT WITH CATHOLIC CHARITIES AND THE SCHUYLER COUNTY YOUTH BUREAU FOR A SUMMER YOUTH EMPLOYMENT PROGRAM (SYEP) WHEREAS, Schuyler County has an interest in the employment and economic well-being of its residents, including youth, and WHEREAS, the Department of Social Services has been granted an allocation of $46,944 towards the operation of a Summer Youth Employment Program (SYEP), and WHEREAS, the Department has $32,166 available from its Flexible Fund for Family Services allocation to supplement the SYEP allocation, and WHEREAS, Catholic Charities of Schuyler County currently operates a youth employment program under the Workforce Investment Act and has significant experience and expertise in youth programming, and WHEREAS, the Department of Social Services proposes to contract with Catholic Charities of Schuyler County for the operation of a Summer Youth Employment Program serving approximately 40 eligible youth working 30 hours per week for approximately 6 weeks from July l, 2007 through August 31, 2007, and WHEREAS, the Department of Social Services will contract with the Schuyler County Youth Bureau to monitor Catholic Charities’ performance of the contract, at a cost of $50 per youth for a total cost not to exceed $2,000, funding available in the Department’s FFFS allocation at no cost to the County, and WHEREAS, the total cost of the 2007 Schuyler County SYEP shall be no more than $81,110 with $79,110 to Catholic Charities and $2,000 to the Youth Bureau. NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to contract with Catholic Charities of Schuyler County for the operation of a Summer Youth Employment Program in an amount not to exceed $79,110 (with no local cost to the County), funding available in the 2007 budget, account no. 6010.552, and BE IT FURTHER RESOLVED, that the Department of Social Services be authorized to contract with the Schuyler County Youth Bureau to monitor the contractor’s performance in an amount not to exceed $2,000 (with no cost to the County) for the period July 1, 2007 through August 31, 2007, subject to approval of the County Attorney. Vote: 8-0. RESOLUTION NO. 212 Motion by Karius, Second by Bleiler. RE: AUTHORIZE AN AGREEMENT WITH CATHOLIC CHARITIES FOR THE TEEN CENTER/BLUE NOTE CAFÉ – SOCIAL SERVICES WHEREAS, Schuyler County Department of Social Services (DSS) wishes to provide enhanced prevention programming for children of or at risk of early pregnancy, and WHEREAS, DSS has funding available under its PINS/JD Detention Prevention Grant, and WHEREAS, Catholic Charities runs a Teen Center for youth (ages 12-18) located on Franklin Street in ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 80 Watkins Glen which offers a variety of recreational and life skills activities for teens in a safe, “teen friendly” environment, and WHEREAS, in addition to providing activities for youth, the Center provides opportunities for career exploration (via computers) peer mentoring, positive decision-making, youth employment, abstinence education and other social skills, and WHEREAS, the Teen Center is also home of the Blue Note Café, a youth run business that sells ice cream, fruit smoothies, milk shakes, etc., and allows the teens to gain marketable retail experience by learning skills in the areas of food preparation, sanitation, budget management, customer service, state and local regulations, etc. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature hereby is authorized to enter into an agreement for the term July 1, 2006 through June 30, 2007 on behalf of the Schuyler County Department of Social Services with Catholic Charities to purchase building repairs and renovations to pass Health Department regulations, and to purchase equipment and supplies up to $10,000 for the Café; funding available in the 2007 budget, account no. 6010.552; subject upon submission of an itemized voucher of expenses, and approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 213 Motion by Karius, Second by Bleiler. RE: AUTHORIZE AN AGREEMENT WITH CORNELL COOPERATIVE EXTENSION FOR THE PARENTS APART PROGRAM – SOCIAL SERVICES WHEREAS, the Department of Social Services recognizes the positive value of providing educational skills to all single parents including victims of domestic violence, to help children cope with separation and divorce and to assist needy families, so that children may be cared for in their own homes free of emotional stress divorce and separation can bring, and WHEREAS, Cornell Cooperative Extension has an ongoing program available which runs from December 7, 2006 through December 14, 2007 with two 3-hour sessions for a cost of $30.00 each to offer parents information including emotional, legal, mediation process and available local resources to help their children cope with the stress of divorce, and WHEREAS, Social Services has funding available through the Flexible Funds for Family Services (FFFS) to pay for eligible applicants. NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to contract with Cornell Cooperative Extension – Parents Apart program for the 2–3 hour sessions to eligible applicants at a cost of $30 per person, total contract price not to exceed $1,000; funding available in the 2007 budget, account no. 6010.552; subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 214 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AN AMENDMENT TO THE WATKINS GLEN YOUTH CENTER-CATHOLIC CHARITIES AGREEMENT – SOCIAL SERVICES WHEREAS, the Department of Social Services has a contract with the Watkins Glen Youth Center to provide preventive services by providing positive recreational activities as an alternative to negative activities, and WHEREAS, due to a loss of funding from the New York State Advantage After School Program, the program would be unavailable from October 2006 through November 2006, and WHEREAS, the Department of Social Services has available through its Detention Prevention grant funding to help cover the administrative costs for this valuable program. NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to contract with the Watkins Glen Youth Center – Catholic Charities, in the amount of $5,000 for the period July 1, 2006 through June 30, 2007 to allow continuation of services at the Watkins Glen Youth Center without interruption, funding available in the 2007 budget, account no. 6010.552; subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 215 Motion by Bingell, Second by Bleiler. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 81 RE: RESOLUTION IN SUPPORT OF INCREASED AVAILABILITY OF HEALTH CARE PROVIDERS FOR THE EMPIRE INSURANCE PLAN PROVIDING PHYSICAL THERAPY SERVICES IN SCHUYLER COUNTY WHEREAS, Schuyler County is a rural County with limited access to healthcare providers, and WHEREAS, Schuyler County is one of New York’s smallest counties in population, and success in establishing and fostering a small business startup can be difficult, and WHEREAS, many of our County residents subscribe to the Empire plan for their Healthcare needs, and WHEREAS, there currently is not a physical therapy and rehabilitative services provider within the confines of our county that is a participating provider through the Managed Provider Network of the Empire Plan, and WHEREAS, travel out of county to access a participating provider in this specialty is increasingly costly both in time of travel and in transportation cost, and it is difficult for individuals to pay additional money to see a non-participating provider and WHEREAS, Ms. Amanda Smith-Socaris, PT, MS, OCS, CSCS of Seneca Physical Therapy of the Finger Lakes, PC, a Board Certified Orthopedic Clinical Specialist, has opened an independent practice of Physical Therapy in the downtown commercial district at 609 N. Franklin Street, Watkins Glen, N.Y., Schuyler County, and WHEREAS, Ms. Smtih-Socaris has been a Tier 1 Provider of the Empire Plan (also called MPN, Managed Provider Network), a Physical Therapy Provider for 9 years in several different locations prior to coming to Schuyler County, and WHEREAS, she has been denied participating provider status through the Empire Plan, this on the premise of there being enough existing providers within a set distance, however none are within Schuyler County, and WHEREAS, she has never been previously denied Health Care Insurance Provider status by any other Insurance Company. NOW, THEREFORE, BE IT RESOLVED, that a letter of support from the Schuyler County Legislature be used in Ms. Smith’s appeal from denial, of her application to be included in the Empire Plans' network of participating providers, and BE IT FURTHER RESOLVED, that copies of this resolution and said letter of support be forwarded to the ACN Group (MPN) Network Management, the New York State Employees Union, the New York State Insurance Department, Superintendent, Eric R. Dinallo, New York State Senator, George H. Winner, Jr., Chairman of the Legislative Commission on Rural Resources, New York State Thomas F. O’Mara, Governor of the State of New York, Eliot Spitzer, and the Upstate Co-Chairman for the Economic Development Corporation, Daniel Gundersen in his capacity as head of economic development for upstate and rural New York encouraging his support of all legislation and regulations that would preclude future denials as above of qualified providers that are willing to invest in and practice their specialty, in rural areas of our upstate New York communities. Vote: 8-0. RESOLUTION NO. 216 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR ROOF REPLACEMENT ON THREE COUNTY BUILDINGS – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 167-07 authorized advertising for bids to replace roofs on three County buildings, at the Highway Barn, the District Attorney’s Office, and the Jail. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby accept Foor & Associates recommendation of the low bidder, J&B Installations, Inc., 4449 Jordan Road, Skaneateles, New York 13153, for the roof replacement construction work at the low bid amount of $295,000, plus Alternate No. RR-1 in the amount of $1,000, and BE IT FURTHER RESOLVED, that the following bid(s) be rejected: AB Construction and Roofing, Inc., 815 Hyde Street, Whitney Point, NY 13862 A.W. Farrell and Sons, Inc., 3761 East Lake Road, Dunkirk, NY 14048, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 82 BE IT FURTHER RESOLVED, funding for said project is available in 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 J&B Installations, Inc at a cost of $296,000, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 217 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AN AGREEMENT WITH HUNT ENGINEERS, ARCHITECTS AND SURVEYORS FOR MILLWORK DESIGN FOR THE NEW HUMAN SERVICES BUILDING – BUILDINGS AND GROUNDS WHEREAS, there are cabinets and counters needed in certain areas of the new Human Services Building, and WHEREAS, the design and installation of these cabinets and counters were not a part of Ace Unlimited’s proposal. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Hunt Engineers, Architects and Surveyors in the amount of $3,000 for Millwork design, with funding available in account no. 1620.435, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor is authorized to advertise for bids for production and installation costs of said Millwork. Vote: 8-0. RESOLUTION NO. 218 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE A CONTRACT EXTENSION AND INCREASE WITH RAMSEY CONSTRUCTORS FOR THE COMPLETION OF COUNTY ROUTE 5 BRIDGE OVER TUG HOLLOW CREEK – HIGHWAY DEPARTMENT WHEREAS, Ramsey Constructors has requested an agreement extension for the completion of the CR 05 Bridge Replacement Project over Tug Hollow Creek to September 30, 2007, and WHEREAS, Change Order #1 involves an increase in the amount of $17,970.48, approved by New York State Department of Transportation (NYSDOT), Barton & Loguidice and the Highway Superintendent, and WHEREAS, the Highway Superintendent will reassign this project into this year’s construction schedule, and WHEREAS, funds for the proposed increase were encumbered from the 2006 budget account no. 5120.524. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any necessary documents to extend the original contract through September 30, 2007, along with the increase amount of $17,970.48 per change order subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 219 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE A SUPPLEMENTAL AGREEMENT WITH BARTON & LOGUDICE FOR THE CONSTRUCTION INSPECTION OF STILLWELL BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT WHEREAS, the replacement of PIN 6753.77, BIN 3332390, Stillwell Road over Taughannock 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 & Logudice 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 with Barton & Logudice, not to exceed $75,500, funding available in the 2007 budget account no. 5020.400, contract subject to approval by the Schuyler County Attorney. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 83 DISCUSSION: Legislator Fagan asked for a clarification on the additional inspection costs. Administrator O’Hearn said he spoke with the County Highway Superintendent, Greg Mathews, and this is from the request of proposals and was recommended by the engineering firm. He will discuss it further with Greg and give the Public Works Committee the details. Vote: 8-0. RESOLUTION NO. 220 Motion by Larison, Second by Bingell. RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2007 SETTING THE SALARY FOR THE POSITION OF COUNTY TREASURER WHEREAS, Local Law Intro. No. 2/Local Law No. of the Year 2007 Setting the Salary for the Position of County Treasurer was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held June 11, 2007 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 of the Year 2007, 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 2007, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2007 A Local Law Setting the Salary for the Position of Treasurer for the fiscal years 2008, 2009, 2010 and 2011. Section 1. LEGISLATIVE INTENT This Local Law in enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salary of the position of Treasurer for the fiscal years 2008, 2009, 2010 and 2011. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal year 2008 the annual salary for the Treasurer is hereby established, to wit: TITLE 2008 SALARY County Treasurer $51,000 Effective with the first County payroll for fiscal years 2009, 2010 and 2011 the annual salary of the following official shall be adjusted by the Consumer Price Index (CPI). The CPI to be used for this adjustment will be the New York Area of the Urban Wage Earners and Clerical Workers (CPI-W) Group. The adjustment will be made annually based on the CPI from the July Bureau of Labor Statistics data report. Vote: 8-0. RESOLUTION NO. 221 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, 2006 through March 31, 2007, 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. EXHIBIT MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES OCTOBER 1, 2006 THROUGH MARCH 31, 2007 TOWNS Amount Due VILLAGES Amount Due Catharine $10,439.13 Burdett $565.84 Cayuta $2,295.69 Montour Falls $2,424.48 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 84 Dix $16,527.36 Odessa $1,625.52 Hector $27,888.04 Watkins Glen $5,906.63 Montour $5,636.18 Orange $5,898.16 Reading $11,834.75 Tyrone $15,423.68 TOTALS $95,942.99 $10,522.47 APPROVED BY COMMITTEE: Dennis A. Fagan Doris L. Karius Delmar F. Bleiler Glenn R. Larison Vote: 8-0. RESOLUTION NO. 222 Motion by Larison, Second by Bingell. RE: RESOLUTION URGING THE NEW YORK STATE GOVERNOR AND THE STATE LEGISLATURE TO AMEND THE GENERAL CONSTRUCTION LAW TO PERMIT LOCAL GOVERNMENTS TO DESIGNATE AS A LEGAL NEWSPAPER, A PAPER OR PUBLICATION WHICH DOES NOT HAVE A PAID CIRCULATION WHEREAS, current restrictions require public notices to be published in paid daily and weekly newspapers, and WHEREAS, it has become increasingly difficult to purchase adequate citizen coverage under current restrictions regarding what can be designated as an official newspaper, and WHEREAS, the cost of publishing in an official newspaper could become costly, and WHEREAS, studies show the decline in local daily and weekly newspaper readership is accelerating, and WHEREAS, studies also show an increase in circulation from 30 million in 1968 to 88 million in 2000 of free community papers or electronic publications, and WHEREAS, the intent of pubic notice requirements is to increase the likelihood that citizens are well informed regarding local government actions, finances and plans. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the New York State Governor and the State Legislature to amend the General Construction Law to allow papers or publications, including electronic publications, which do not have a paid circulation, but with an established and large circulation, to be considered newspapers in certain instances, to permit towns and other local governments to place the legal notices in local publications which may reach a larger audience and/or be less expensive to publish. Vote: 8-0. RESOLUTION NO. 223 Motion by Larison, Second by Bingell. RE: AUTHORIZE A CONTRACT WITH FAMILY SERVICES OF CHEMUNG COUNTY, INC. TO PROVIDE AN EMPLOYEE ASSISTANCE PROGRAM FOR ALL COUNTY EMPLOYEES WHEREAS, the Human Resource Director and employees of the Health Services Department have been meeting to address issues surrounding the County’s in-house Employee Assistance Program, and WHEREAS, due to a number of issues, the in-house program is not able to appropriately address the needs of the county employees, and WHEREAS, the Committee has recommended to the County Administrator and Legislature that the program would be best served if outsourced to a provider. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Family Services of Chemung County, Inc. for the provision of an Employee ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 85 Assistance Program for Schuyler County Employees, for the term July 1, 2007 through December 31, 2007 at the rate not to exceed $6,750 per contract year to be billed quarterly; contract to be renewed annually on a calendar basis; funding for said contract available in Human Resources account no. 1430.435; contract subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that an Employee Assistance Committee be established to evaluate services provided as well as utilization, membership on said committee to consist of: Human Resources Director Union Presidents for each bargaining unit Health Services Representative Legislative Representative DISCUSSION: Chairman Gifford recommended Legislator Bleiler as the Legislative Representative and Legislator Bleiler accepted. Vote: 8-0. RESOLUTION NO. 224 Motion by Karius, Second by Bleiler. RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY ROAD PATROL ASSOCIATION WHEREAS, representatives of the County have engaged in Collective Bargaining with the Schuyler County Road Patrol Association (“the Association”), and WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years 2008, 2009 and 2010 was reached with respect to employees in the Association, and WHEREAS, the Association duly ratified the tentative agreement on May 22, 2007. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby ratify and approve of the terms and contents of said collective bargaining agreement between the County of Schuyler and the Schuyler County Road Patrol Association, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be hereby authorized to execute the aforementioned agreement. Vote: 8-0. RESOLUTION NO. 225 Motion by Karius, Second by Bleiler. RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE SCHUYLER COUNTY ROAD PATROL ASSOCIATION WHEREAS, the Schuyler County Road Patrol Association (“Road Patrol Association”) and the County of Schuyler (“County”) have reached a Tentative Agreement on the terms and conditions of the 2008-2010 Collective Bargaining Agreement, and WHEREAS, the Road Patrol Association would like to implement one portion of the tentative agreement prior to January 1, 2008. Said portion is relative to the hourly rate for part-time Deputy Sheriffs, and WHEREAS, it is mutually agreed by the Road Patrol Association and the County that the implementation of the following portion of the tentative agreement prior to January 1, 2008 will not set a precedent in any respect. NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature be hereby authorized to enter into a Memorandum of Understanding with the Schuyler Road Patrol Association for the provision of payment for part-time Deputy Sheriffs, to become effective June 25, 2007; subject to approval of labor counsel. Vote: 8-0. RESOLUTION NO. 226 Motion by Karius, Second by Bleiler. RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. HIGHWAY UNIT WHEREAS, the County and the Union ratified a collective bargaining agreement for the term January 1, 2006 through December 31, 2009, and WHEREAS, there is a need to amend Article XIX, Clothing and Equipment, to clarify appropriate work clothing. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 86 NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature be hereby authorized to enter into a Memorandum of Understanding with the Civil Service Employee’s Association, Inc. Highway Unit to amend Article XIX; subject to approval of labor counsel. Vote: 8-0. RESOLUTION NO. 227 Motion by Bingell, Second by Fagan. RE: ADOPT AN UPDATED INVESTMENT POLICY – TREASURER’S OFFICE WHEREAS, Resolution No. 268 of 1989 adopted an Investment Policy for Schuyler County, and WHEREAS, said policy has not been updated since then and there are some changes that need to be made. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts an updated Investment Policy as prepared by the Schuyler County Treasurer, attached hereto and on file in the Legislative Office with Sections VII, VIII and IX amended to now read as follows: VII. DESIGNATION OF DEPOSITARIES The banks and trust companies authorized for the deposit of monies and the maximum amounts will be set at the beginning of each year by the Legislative Board at the Organizational meeting. VIII. COLLATERALIZING OF DEPOSITS In accordance with the provision of General Municipal Law, §10, all deposits of the County of Schuyler, including certificates of deposit and special time deposits, in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured: 1. By a pledge of “eligible securities” with an aggregate “market value”, or provided by general Municipal Law, §10, equal to the aggregate amount of deposits from the categories designated in Appendix A to the policy. 2. By an eligible “irrevocable letter of credit” issued by a qualified bank other than the bank with the deposits in favor of the government for a term not to exceed 90 days with an aggregate value equal to 140% of the aggregate amount of deposits and the agreed upon interest, if any. A qualified bank is one whose commercial paper and other unsecured short-term debt obligations are rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization or by a bank that is in compliance with applicable federal minimum risk-based capital requirements. 3. By an eligible surety bond payable to the government for an amount at least equal to 100% of the aggregate amount of deposits and the agreed upon interest, if any, executed by an insurance company authorized to do business in New York State, whose claims-paying ability is rated in the highest rating category by at least two nationally recognized statistical rating organizations. IX. SAFEKEEPING AND COLLATERALIZATION Eligible securities used for collateralizing deposits shall be held by the depository or a third party bank or trust company subject to security and custodial agreements. Vote: 8-0. RESOLUTION NO. 228 Motion by Bingell, Second by Fagan. RE: AUTHORIZE AMENDING THE SCHUYLER COUNTY CELLULAR PHONE POLICY WHEREAS, the Management & Finance Committee has suggested that the current Cellular Phone Policy be amended to no longer require Department Administrators to seek a committee motion for approval, but to seek approval by the County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby amends the current Cellular Phone Policy sections as follows: SCHUYLER COUNTY CELLULAR PHONE POLICY ASSESSMENT OF NEEDS County Departments need to be approached to more accurately ascertain the usefulness and need for this technology in their operations. If the use of a cellular phone(s) appears to be warranted, the Department Administrator will be required to submit a written justification of need in a prescribed format. This justification will be submitted for each cellular phone requested. This written documentation will be submitted to the County Administrator their committee, and requires a committee motion for approval. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 87 In making this determination of need, it is suggested that the following factors be used as measures of this need. These factors would include: frequency of travel in isolated areas of Schuyler County, nature of work performed, need to have immediate contact with a main office, safety issues, productivity issues, funding available and general usefulness to departmental operations. Once approved by the County Administrator Department’s Committee a cellular telephone can be ordered as set forth below and placed into use with the department. Each time a new cellular phone is requested this process is to be followed. SELECTION OF A VENDOR The Purchasing Specialist shall review cell phone costs and providers from time to time and make recommendations to the Legislature based on best service for our area and best cost and features provided. If change is recommended by the Purchasing Specialist it shall be taken to the County Administrator committee for approval. All County purchases of cellular telephones and related service and operating plans shall be made by the Purchasing Specialist. Purchases will be made by the Purchasing Specialist pursuant to a purchase requisition signed by the Department Administrator. The County Administrator appropriate Committee must approve approval shall be attached to the purchase requisition. The Purchasing Specialist shall maintain necessary records showing the number and type of cellular phones purchased, to whom the phones were assigned. and the unassigned phones in inventory, if any. Vote: 8-0. RESOLUTION NO. 229 Motion by Bingell, Second by Fagan. RE: AUTHORIZE THE CREATION AND FILLING OF A TEMPORARY MOTOR VEHICLE LICENSE CLERK TRAINEE POSITION IN THE DEPARTMENT OF MOTOR VEHICLES (DMV) – COUNTY CLERK WHEREAS, a Motor Vehicle License Clerk will be retiring effective June 30, 2007, and WHEREAS, said retirement leaves three employees in the DMV, one of them with less than six months of experience and limited training, and WHEREAS, funding for the position is budgeted in the 2007 County Clerk’s account no. 1410.100- Personnel, and WHEREAS, the County Clerk is requesting to create this temporary position for training before the current employee retires, at grade 3, upon the approval of the County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Clerk be authorized to create and fill a temporary Motor Vehicle License Clerk Trainee position in the Department of Motor Vehicles at Grade 3 at an hourly rate of $11.50 as set for in the Administrative Unit Contract, for a period starting June 12, 2007 through June 29, 2007. Vote: 8-0. RESOLUTION NO. 230 Motion by Fagan, Second by Bingell. RE: ACKNOWLEDGE APPOINTMENTS OF VOTING MACHINE CUSTODIANS – BOARD OF ELECTIONS BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by the Elections Commissioners of David Stamp, John Compton and Robert Benjamin as the County's Voting Machine Custodians for the year 2007, to be paid $20 an hour for miscellaneous inspections of the old voting machines, and to be paid $50 per machine for inspections done at the Primary and General Elections, to be funded by the Board of Elections budget, and BE IT FURTHER RESOLVED, that the towns may offer additional compensation. Vote: 8-0. RESOLUTION NO. 231 Motion by Fagan, Second by Bingell. RE: AUTHORIZE AMENDING RESOLUTION NO. 437-06 TITLED “AUTHORIZE CONTRACT RENEWAL WITH WEILER MAPPING INC. FOR TAX MAP SERVICES – REAL PROPERTY TAX AGENCY” TO INCREASE THE CONTRACT PRICE – REAL PROPERTY TAX AGENCY WHEREAS, Resolution No. 437-06 authorized a contract with Weiler Mapping, Inc. for tax mapping services in the amount of $13,400, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 88 WHEREAS, the actual amount of that contract should have read $14,300. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 437-06 is hereby amended to change the amount of the contract price in the Resolution to $14,300. Vote: 8-0. RESOLUTION NO. 232 Motion by Fagan, Second by Bingell. RE: APPOINTMENT – ENVIRONMENTAL MANAGEMENT COUNCIL BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointments of the following individuals to the Schuyler County Environmental Management Council for the term January 1, 2007 through December 31, 2008: Jim Tobey, Town of Catharine Rita Tucker, Town of Reading Vote: 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Chairman Gifford reminded everyone that the Waterfront Festival/Cardboard Boat Regatta Race is Saturday, June 16, 2007. Legislator Larison gave an update from his Fish & Wildlife Committee regarding the Coyote population. COUNTY ADMINISTRATOR’S REPORT: County Administrator O’Hearn reported that the Town of Horseheads is offering leftover asphalt material from their highway project to our County Highway Department. Our Highway County trucks will be crossing over into Chemung to pick it up. O’Hearn reported that in response to Governor Spitzer’s request for proof of local government efficiency and competitiveness, he has drafted a response to the Local Commission on Shared Services and provided copies previously to the Legislature. The County’s initiative and effort toward consolidation were included in the letter. Legislator Fagan wanted to add the Pin Striping Shared Services purchased made between our County, Steuben and Yates. O’Hearn said he will probably send out the letter tomorrow. Legislator Larison commended Administrator O’Hearn for all his hard work in Schuyler County. He would like to thank him for all the work he has done and all Legislators agreed. O’Hearn also announced the retirement of the County’s Weights and Measures Director, Bob Harrison. He has worked twenty-one years for the County. O’Hearn said he will be considering merging the part-time position with Yates or Steuben County for shared services. He reported that the new Human Services Building project is coming along, the exterior work has moved along and the inside is also moving exceptionally fast. The developer is doing a good job and he can not speak highly enough about Ace Unlimited. They have been exceptional great to work with. PUBLIC PARTICIPATION: Mr. Gordon Swarthout said he would like to know the cost of the new Schuyler County Human Services Building in Montour Falls, and if the County taxpayers will be paying for it. He also wanted to know what real estate company was used to purchase the building. Administrator O’Hearn explained the costs involved and informed Mr. Swarthout that Ed Atwell was the broker. The Meeting adjourned at 7:01 P.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk SPECIAL MEETING JUNE 27, 2007 The June 27, 2007 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 Bingell and followed by a Moment of Silence. All Legislators were present except Legislators Bleiler and Marcellus were excused. County Attorney Coleman was also excused. County Administrator O’Hearn was present. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 89 PUBLIC PARTICIPATION: None. RESOLUTION NO. 233 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. AUTHORIZE AN AGREEMENT WITH VERIZON NEW YORK, INC. FOR POLE ATTACHMENT – BUILDINGS AND GROUNDS Vote: 6-0. RESOLUTION NO. 234 Motion by Bingell, Second by Larison. RE: AUTHORIZE AN AGREEMENT WITH VERIZON NEW YORK, INC. FOR POLE ATTACHMENT – BUILDINGS AND GROUNDS WHEREAS, Schuyler County is connecting five of its facilities together with a fiber optic back-bone in order to have continuity of voice and data services to all county departments, and WHEREAS, in order to run the fiber on existing poles, Verizon requires a Pole Attachment Agreement, and WHEREAS, this agreement sets in place some up-front costs for engineering, make ready work as well as ongoing costs for pole use. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into an agreement with Verizon New York, Inc. for said Pole Attachment Agreement; subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that said upfront costs are to be paid from the 2007 Buildings and Grounds budget, account no. 1620.400, with future pole use costs to be paid from the Central Services budget, account no. 1610.400. DISCUSSION: Loren Cottrell, Information Technology Director, explained that there is an application fee of $500 and then an evaluation fee of $1,080. The other cost is $750 a pole for engineering services to see if there is preparation work to be done. He is working with Time Warner Cable to attach the County’s fiber optic. This agreement gets the ball rolling to make it possible. David Lisk, Building Maintenance Supervisor, explained that the ongoing part is once the make ready work is done and we determine who owns what poles. We pay $8.95 a pole annually for the use of the poles forever. This is the same price from 1994 when the County did this same project at the Mill Creek building. The annual costs end up being around $800 a year for the use of the poles. He believes they are initially looking at 144 poles. County Administrator O’Hearn said they will be going out to bid very soon. Loren said he believes there will be more than two companies who will look at bidding on this project. Legislator Larison asked who would be responsible for putting equipment on the poles. David said each company or our vendor would have to fix any problems on the poles. Legislator Larison gave an example of if a car runs into a pole and destroys it, who pays for it? Loren said the County would have to, however our insurance would reimburse us. Chairman Gifford asked if damage such as that would put us out of business? Loren said he will make sure there is a back up link. He will also make sure there are dual internet connections for the two buildings. He will set up the network in a way that they will still be self sufficient. The phone system will be self sufficient with a t-one link also. Legislator Fagan asked if the County would be owning the fiber optic or leasing it. Administrator O’Hearn said they are looking at owning it. Legislator Fagan asked if this would be complete before the offices are moved into the new Human Services Building. O’Hearn said it is going to be tight, the building could be done quicker than the communications. Each week the timetable is moving up with ACE unlimited, but fiber optic is still looking at being installed in November. His informal goal of the move to the new office building is October 1st with or without infrastructure being complete right now. Vote: 6-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:12 A.M. Stacy B. Husted, Clerk ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 90 SPECIAL MEETING JULY 5, 2007 The July 5, 2007 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 Yuhasz and followed by a Moment of Silence. All Legislators were present except Legislator Bleiler who was excused. County Attorney Coleman and County Administrator O’Hearn was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 235 Motion by Larison, Second by Marcellus. 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. A RESOLUTION TO FORWARD COMMENTS FROM THE LEGISLATURE TO THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGARDING APPLICATION ID 8-4424-00006/00001, PADUA GRAVEL BANK, IT’S GREENER NOW, INC., IN THE TOWN OF DIX 2. APPROVE SICK LEAVE BANK FOR SHARLENE PARKER Vote: 7-0. RESOLUTION NO. 236A Motion by Fagan, Second by Bingell. RE: MOTION TO AMEND RESOLUTION NO. 236 BE IT RESOLVED, that Resolution No. 236 be amended to change both the Now Therefore Be It Resolved clause and the Be It Further Resolved clause to now read as follows: “NOW, THEREFORE, BE IT RESOLVED, that the issuance of a negative declaration pursuant to our New York State Environmental Impact Statement laws was premature, and, BE IT FURTHER RESOLVED, that the Schuyler County Legislature request that a draft environmental impact statement be done on this proposed mining expansion and that all potential impacts will be identified and where possible mitigated.” Vote: 7-0. RESOLUTION NO. 236 Motion by Karius, Second by Larison. RE: A RESOLUTION TO FORWARD COMMENTS FROM THE LEGISLATURE TO THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGARDING APPLICATION ID 8-4424-00006/00001, PADUA GRAVEL BANK, IT’S GREENER NOW, INC., IN THE TOWN OF DIX – AS AMENDED WHEREAS, the Schuyler County Environmental Management Council (EMC) has approached the Schuyler County Legislature with some concerns relative to Application ID 8-4424-00006/00001 Padua Gravel Bank, It’s Greener Now, Inc. in the Town of Dix, and WHEREAS, the EMC held a public hearing on Monday, July 2, 2007 at 6:00 p.m. at the Rural Urban Center in Montour Falls to give everyone an opportunity to ask questions and share their concerns with this project, and WHEREAS, the above referenced expansion permit is to allow a 91.94 acre expansion of an existing sand and gravel mining operation in the Town of Dix, and WHEREAS, the mining excavation area is bordered on the south by the Watkins Glen State Park, and St. Mary’s Cemetery, on the East by the Village of Watkins Glen’s drainage easement and the village itself, and on the West by 2400’ of the original Watkins Glen Grand Prix Racecourse, and WHEREAS, the physical placement of the proposed expansion and the scope thereof, create multiple conflicts when held up to the Goals, Objectives and Strategies as set forth in Schuyler County’s Comprehensive Plan of 2004, and WHEREAS, the Department of Environmental Conservation (DEC), acting as lead agency in review of this mining expansion request, issued a Notice of Complete application on May 14, 2007 in spite of multiple ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 91 omissions and inaccuracies on the applicants 617.20, Appendix A, State Environmental Quality Review — Full Environmental Assessment form, and WHEREAS, the applicant answered “no” when asked if the project was substantially contiguous to, or contained a building, site, or district, listed on the state or National Registers of Historic places, however the Watkins Glen Grand Prix Racecourse is so listed, and WHEREAS, the applicant answered “not applicable N/A” when asked if there were streams within or contiguous to the project area and the Glen Creek, which flows through the Watkins Glen Gorge, is contiguous to the project, and WHEREAS, the applicant answered “no” when asked if there are any unique or unusual land forms on the project site. i.e., cliffs, dunes, other geologic formations, and there are buried gorges within the site and the project is contiguous to the Watkins Glen Gorge, and WHEREAS, the applicant answered “N/A” when asked what the proposed zoning of the site is, in spite of the fact that the Town of Dix had a proposed zoning law in place if not in full force at the time, and WHEREAS, the applicant answered “yes” when asked if the proposed action was compatible with adjoining/surrounding land uses within a ¼ mile and the proposed mining area comes to within 500 feet of the Hiking Trail which passes through the Watkins Glen Gorge as well as to within several hundred yards of the Gorge trails westerly entrance, and WHEREAS, the applicant answered “no” when asked if the proposed action will result in the generation of traffic significantly above present levels, and this has been refitted in a June 29, 2007 letter received from the Department of Transportation Region 6, and WHEREAS, the applicant states that, “yes” mining will occur within 500’ of a dwelling, and WHEREAS, the applicant states that, “yes” the project will produce operating noise exceeding the local ambient noise levels, and WHEREAS, the interagency review undertaken in review of this application, omitted input from local or regional officials in charge of the Watkins Glen State Park which is located wholly within Schuyler County and is contiguous to the applicants proposed mining expansion. NOW, THEREFORE, BE IT RESOLVED, that the issuance of a negative declaration pursuant to our New York State Environmental Impact Statement laws was premature, and BE IT RESOLVED, that the Schuyler County Legislature request that a draft environmental impact statement be done on this proposed mining expansion and that all potential impacts will be identified and where possible mitigated. DISCUSSION: Legislator Marcellus thanked the County Attorney for his memo informing the Legislature that they have no jurisdiction in the matter. He submitted a draft form of a resolution to be discussed and acted on that requests the Department of Environmental Conservation (DEC) to prepare a draft Environmental Impact Statement and let them know the Legislature feels their finding of a negative declaration was hasty and insufficient. Our advisory board is the Environmental Management County (EMC) and he would like to have the Chairman of that council talk on the issue. Kate Bartholemew, Chairman of the EMC, handed out a letter along with supporting documentation. She said after the public hearing that EMC held on Monday, July 2, 2007, as well as thorough review, the EMC would like to oppose the application. The historic nature of the Grand Prix Course is affected. The New York State Department of Transportation (NYSDOT) has also expressed concerns on the impact of the highway. There is the noise abatement. No testing was done. The Soil and Water Conservation District has also expressed considerable concern, along with the Chamber of Commerce, the New York State Parks, the Town of Dix and the Village of Watkins Glen. Legislator Marcellus asked that the legislators please review his draft Resolution and feel free to amend it. At the time he proposed to call the special meeting, they extended the timeframe two more weeks. He feels the Legislature needs to share their concerns and comments during the public comment period. The DEC approved it and accepted the negative declaration. Also, there are other statements that the applicant made that are inaccurate and not picked up on by the DEC. He then read the Resolution out loud. He feels it is important to him as a representative of the Town of Dix in District II, that the DEC be held accountable. He also feels that the scope of this project will impact our village, town and county for the life of the mine which is twenty years. He does not feel the Legislature should remain silent. He would like to see this Resolution sent to DEC and elected representatives ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 92 such as Schumer and Clinton at the state level. Legislator Fagan asked about the existing zoning. Kate said the applicants answer was not applicable. County Attorney Coleman stated that he has two inquiries outstanding, both of which are footnoted in his memo. He wants to know if DEC notified the town and when and he has no clear dates. Chairman Gifford asked when the public comment period had been extended to. Kate said until July 25, 2007. Legislator Fagan said the applicant’s presentation made it sound like the annual truck usage would not change. They have the potential to expand the operations. If they continue to operate as they have in the past, it is not as major. However, if they ignore it and base it on marketing conditions, given the local concerns and uproar, you have both a daily tonnage limit and an annual limit. If there was a limitation on the annual, this proposal would be simply a long life associated with the facility. He feels DEC dropped the ball on coordination and review efforts. He agrees with the sediment of this action. Legislator Bingell agrees they need to push the DEC. Chairman Gifford said the applicant started this process three to four years ago and they could not have done it quietly. He feels our whole system fell apart. Legislator Fagan said the County Attorney’s memo states that it was not handled correctly and he wonders if the Town of Dix was adequately notified. Chairman Gifford feels these questions should have been asked two years ago. Vote: 7-0. RESOLUTION NO. 237 Motion by Karius, Second by Larison. RE: APPROVE SICK LEAVE BANK FOR SHARLENE PARKER WHEREAS, Sharlene Parker is on medical leave for an undetermined length of time, and WHEREAS, management/confidential employees wish to donate their sick leave for Sharlene’s use while she is out on medical leave after she exhausts her own sick leave accruals, and WHEREAS, this is a request of management/confidential employees and shall not be considered a change in the terms and conditions of employment by any of the parties. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the forming of an informal sick leave bank for the benefit of Sharlene Parker during her period of illness, to use after her own sick leave is exhausted, and BE IT FURTHER RESOLVED, that each management/confidential employee shall be permitted to contribute a maximum of five days of sick leave on a voluntary basis, and BE IT FURTHER RESOLVED, that upon Sharlene’s return to work any sick leave not used shall be credited back equally to all employees who contributed. Vote: 7-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:34 a.m. Stacy B. Husted, Clerk of the Legislature REGULAR MEETING JULY 9, 2007 The July 9, 2007 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. County Attorney Coleman and County Administrator O’Hearn was also present. PUBLIC PARTICIPATION: None. 7:00 P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 4 OF THE YEAR 2007 AMENDING LOCAL LAW NO. 4 OF THE YEAR 2001 TO INCREASE THE MINIMUM ALTERNATIVE VETERAN’S EXEMPTION IN ACCORDANCE WITH REAL PROPERTY TAX LAW SECTION 458-A: None. RESOLUTION NO. 238 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE JUNE 11, 2007 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the June 11, 2007 Regular Meeting of the Schuyler County Legislature be approved. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 93 Vote: 8-0. RESOLUTION NO. 239 Motion by Larison, Second by Bingell. RE: AUTHORIZE AMENDING THE 2007 BUDGET FOR INDIGENT LEGAL SERVICES FUNDS – PUBLIC DEFENDER WHEREAS, the Schuyler County Public Defender’s Office is in receipt of funding from the Indigent Legal Services Fund, and WHEREAS, the funding is to be used to improve the quality of services provided pursuant to article eighteen-B of the County law to “supplement and not supplant” any local funds which Schuyler County would otherwise have had to expend for the provision of counsel and expert, investigative and other services pursuant to article eighteen-B of the county law. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2007 Public Defender’s budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$2,393.00 1170.605 Assigned Counsel/Criminal Court +$2,393.00 1170.563 Assigned Counsel/Family Court +$2,394.00 1170.435 Professional Fees & Services +$7,180.00 1170-3389 Other Public Safety Revenue Vote: 8-0. RESOLUTION NO. 240 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPLICATION TO FY 2007 EDWARD BYRNE MEMORIAL BYRNE DISCRETIONARY GRANTS PROGRAM WHEREAS, applications are being accepted for the FY 2007 Byrne Discretionary Grants Program, and WHEREAS, the Emergency Management Office in conjunction with the Sheriff’s Office wishes to apply for funding in the amount of $154,899, with no match to the County, to purchase and install Pictometry technology under this program, and WHEREAS, Pictometry technology is Digital, oblique aerial imaging that aids in dispatch, situational awareness, and command and control. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the FY 2007 Byrne Discretionary Grants Program, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 241 Motion by Larison, Second by Bingell. RE: AUTHORIZE RENEWAL OF THE 2007 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, an agreement was entered into during 2006 whereby Government Payment Services (GPS) would collect payments from clientele, and WHEREAS, said agreement is due for renewal with renewal thought to be a good idea for the efficiency of the Probation Department, 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 Schuyler County Legislature be authorized to sign a new contract with Government Payment Services (GPS), for the term June 21, 2007 through June 20, 2008, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 242 Motion by Larison, Second by Bingell. RE: AUTHORIZE AN AGREEMENT WITH THE NEW YORK STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES TO ACCEPT STATE AID FUNDS FOR LEVEL II AND III SEX OFFENDERS – PROBATION DEPARTMENT ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 94 WHEREAS, the New York State Division of Probation and Correctional Alternatives has agreed to provide up to $1,300 annually for each Level II and Level III Sex Offender on Probation relative to enhanced supervision 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 Approval in which it agrees 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 $1,300 per Levels II and III Sex Offender, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 243 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS IN THE AMOUNT OF $10,000 FROM CONTINGENCY FOR THE PURPOSE OF FUNDING DEVELOPMENT OF AN ENVIRONMENTAL MASTER PLAN FOR SCHUYLER COUNTY WHEREAS, Schuyler County has an interest in developing an Ecological Master Plan to identify ecologically friendly opportunities to guide Schuyler County in its future development, including formulation of conceptual designs and an Eco Tourism Program, and WHEREAS, the Appalachian Regional Commission's (ARC) Area Development Program has grant funds available to fund fifty per cent of the cost of such work, with the balance to be paid by a local cash match; and Schuyler County Partnership for Economic Development (SCOPED) will submit an application to ARC requesting $15,000 toward a total project cost of $30,000 to engage a consultant for this project, will be the lead agency, and will commit $5,000 to this project. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature will commit matching funds not to exceed $10,000 from its FY 2007 budget for the purpose of funding this study, with the understanding that these funds will be spent only if the grant and project are approved by ARC, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $10,000 from Contingency account no. 1990.500 to account no. 6989.400-Other Economic Opportunity/Development to pay for said commitment if the grant and project is approved by ARC. Vote: 8-0. RESOLUTION NO. 244 Motion by Larison, Second by Bingell. RE: DESIGNATION OF THE SCHUYLER COUNTY LEGISLATURE AS THE LEAD AGENCY FOR SEQR REVIEW OF AGRICULTURAL DISTRICT #2 – AS AMENDED BY RESOLUTION NO. 297-07 WHEREAS Agricultural District 2 which includes approximately 41,500 acres of viable agricultural land in the Towns of Dix, Reading, Orange, and Tyrone is in the process of being reviewed and renewed as required by Article 25AA of NYS Agriculture and Markets Law, and WHEREAS, a State Environmental Quality Review (SEQR) is required for this review, and WHEREAS, the Schuyler County Legislature is willing to assume the status of lead agency for the project to review the SEQR, and WHEREAS, the Schuyler County Legislature notified agencies of its intent to assume lead agency for the project, and following a thirty (30) day notification period, received no interest from the other agencies to assume lead agency status for the project. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature will assume lead agency status for Agricultural District #2 in the Towns of Reading, Dix, Tyrone and Orange and will hold a hearing on this SEQR to be held on Monday, September 10, 2007 at 6:25 p.m. before the regular scheduled meeting of the Legislature, and BE IT FURTHER RESOLVED, that after review and the hearing, the Legislature will determine if Agricultural District #2 will have any significant environmental impact in order for a declaration to be prepared. Vote: 8-0. RESOLUTION NO. 245 Motion by Bleiler, Second by Fagan. RE: AUTHORIZE TRANSFER OF FUNDS IN THE AMOUNT OF $10,000 FROM CONTINGENCY TO ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 95 PAY THE FRIENDS OF THE CATHARINE VALLEY TRAIL WHEREAS, the Friends of the Catharine Valley Trail are able to depend on the support of groups like the Elmira-Chemung Transportation Council (ECTC), Schuyler Chamber of Commerce, and Schuyler Cooperative Extension, however they will be unable to fulfill their many roles if they remain completely dependent on volunteer labor, and WHEREAS, ECTC’s recent budget includes $5,000 towards the employment of a part-time coordinator for the Friends of the Catharine Valley Trail, with expectations that funding also will be available for a second year, and WHEREAS, Chemung County has also committed the same amount of $10,000 towards the efforts of hiring a coordinator, and WHEREAS, this combined funding will be used to hire someone to progress the CVT Friend’s primary goals to grow membership so that they can become self-sustaining, and WHEREAS, the Friends are requesting a matching commitment of funding from Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature will commit matching funds not to exceed $10,000 from its FY 2007 budget for the purpose of funding a part-time coordinator for the Friends of the Catharine Valley Trail, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $10,000 from Contingency account no. 1990.500 to account no. 6989.400-Other Economic Opportunity/Development to pay for said commitment. DISCUSSION: Chairman Gifford stated that this funding is for only one-year. Vote: 8-0. RESOLUTION NO. 246 Motion by Bleiler, Second by Fagan. RE: AUTHORIZE TRANSFER OF FUNDS IN THE AMOUNT OF $10,000 FROM CONTINGENCY TO PAY FOR NATIONAL DEVELOPMENT CORPORATION SERVICES THROUGH THE SCHUYLER COUNTY PARTNERSHIP FOR ECONOMIC DEVELOPMENT (SCOPED) WHEREAS, Resolution No. 67-07 authorized a commitment to SCOPED for hiring the National Development Corporation (NDC) to provide technical assistance, enhance funding streams, and further economic development capacity within Schuyler County, and WHEREAS, said commitment was in the amount of $10,000 and those funds need to be taken from contingency. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $10,000 from Contingency account no. 1990.500 to account no. 6989.400-Other Economic Opportunity/Development to pay said commitment. Vote: 8-0. RESOLUTION NO. 247 Motion by Bleiler, Second by Fagan. RE: AUTHORIZE AMENDMENT TO THE EARLY INTERVENTION BUDGET TO INCORPORATE A COST OF LIVING ADJUSTMENT (COLA) INCREASE AND AUTHORIZE AMENDING THE 2007 BUDGET - PUBLIC HEALTH WHEREAS, Resolution 36-07 established the budget for the Early Intervention program, and WHEREAS, an increase in the COLA has been received. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is authorized to amend the 2007 budget for Early Intervention as follows: OLD AMOUNT NEW AMOUNT ACCOUNT NO. DESCRIPTION $16,076 $16,508 4010.100-4036 Personnel $30,843 $31,275 4010.4451-4036 Revenue Vote: 8-0. RESOLUTION NO. 248 Motion by Karius, Second by Bingell. RE: AUTHORIZE CONTRACT WITH THE ARC OF SCHUYLER COUNTY FOR SERVICE COORDINATION SERVICES FOR EARLY INTERVENTION - PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention services for children, and, ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 96 WHEREAS The Arc of Schuyler County is approved as a provider of Service Coordination services for our patients. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with the Arc of Schuyler for service coordination for Early Intervention, effective July 1, 2007 through June 30, 2008 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. 249 Motion by Karius, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH TENELEVEN GROUP, INC. FOR PURCHASE AND INSTALLATION OF AN ELECTRONIC CASE RECORD BILLING SYSTEM WHEREAS, Schuyler County Mental Health Clinic is in need of a new billing system that incorporates an electronic case record and other enhancements, and WHEREAS, a vendor has been identified to provide this system and associated support, training and hardware, and WHEREAS, there are Federal Salary Sharing funds available to finance this purchase and implementation. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to enter into an agreement with TenEleven Group, Inc. to supply a Mental Health billing system and to provide associated training, support and hardware in an amount not to exceed $110,000, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2007 Mental Health budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$14,000 4310.4490-4316 Professional Fees - Federal Salary Sharing +$66,000 4310.207-4316 Equipment - Computers +$30,000 4310.278-4316 Equipment - Computer Software +$110,000 4310.4490-4316 Federal Salary Sharing Revenue Vote: 8-0. RESOLUTION NO. 250 Motion by Karius, Second by Bingell. RE: AUTHORIZE AMENDING THE 2007 MENTAL HEALTH BUDGET TO PURCHASE CHAIRS FOR THE MENTAL HEALTH CLINIC WAITING ROOM - HEALTH SERVICES WHEREAS, the chairs in the Mental Health Waiting room are in need of replacement, and WHEREAS, the proper maintenance and upkeep of the waiting room is required for compliance with Office of Mental Health standards, and WHEREAS, Federal Salary Sharing funding is available for this purchase. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2007 Mental Health budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$6,000 4310.200-4316 Equipment +$6,000 4310-4490.4316 Federal Salary Sharing Revenue Vote: 8-0. RESOLUTION NO. 251 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AGREEMENT WITH MCBEE ASSOCIATES, INC. FOR MEDICARE REVENUE RECOVERY SERVICES - PUBLIC HEALTH WHEREAS, Schuyler County Public Health bills Medicare for Home Health care services, and WHEREAS, Schuyler County Public Health would like to ensure that full reimbursement is received for all claims, and WHEREAS, McBee Associates, Inc. provides Medicare Revenue Recovery Services for Home Health Care Agencies, and WHEREAS, the fee for such services is based upon the amount recovered. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute a contract with McBee Associates, Inc. for Medicare Revenue Recovery Services, at no local share cost, for episodes beginning August 1, 2005 through December 31, 2007, subject to the approval of the County Attorney. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 97 Vote: 8-0. RESOLUTION NO. 252 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CREATION AND FILLING OF THREE NURSING SUPERVISOR POSITIONS - PUBLIC HEALTH WHEREAS, the Director of Community Services and Public Health has reviewed the nursing supervisory positions needed in Public Health, and WHEREAS, the need for three supervisory positions in nursing has been established, and WHEREAS, the Director of Community Services and Public Health is requesting to create three positions to be placed in grade level 14 of the CSEA Administrative Unit Contract, upon the approval of the County Administrator, and WHEREAS, there is funding available in the 2007 Public Health budget to pay for said positions. NOW, THEREFORE BE IT RESOLVED, that the Director of Community Services and Public Health is hereby authorized to create and fill three Nursing Supervisor positions in the Public Health Department, in grade level 14, at an hourly rate of $23.17 per hour effective immediately. Vote: 8-0. RESOLUTION NO. 253 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CONTRACT AMENDMENT WITH THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES AND AUTHORIZE AMENDING THE 2007 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 $188,784 for 2007, 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 $3,257. 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 $3,257 to an amount not to exceed $192,041, subject to the approval of the County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2007 Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$3,257 4322.550 Council on Alcoholism +$3,257 4322-3490 State Aid - Mental Health Vote: 8-0. RESOLUTION NO. 254 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CONTRACT AMENDMENT WITH FINGER LAKES ADDICTIONS AND COUNSELING REFERRAL AGENCY (FLACRA), AND AUTHORIZE AMENDING THE 2007 BUDGET - COMMUNITY SERVICES WHEREAS, the Community Services Department currently has a contract with FLACRA in an amount not to exceed $85,635 for 2007, and WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has issued a revised State Aid letter, increasing funding to FLACRA by $1,366. 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 $1,366 to an amount not to exceed $87,001, subject to the approval of the County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2007 Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$1,366 4322.336 FLACRA +$1,366 4322-3490 State Aid - Mental Health ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 98 Vote: 8-0. RESOLUTION NO. 255 Motion by Bleiler, Second by Bingell. RE: APPOINTMENTS - SCHUYLER COUNTY YOUTH BOARD WHEREAS, Melanie Schroeder has resigned from the Youth Board as a Member at Large on the Youth Board and Robin Travis has agreed to fill the unexpired term, and WHEREAS, it is recommended that Janice Vitale be appointed as the Community Service Representative. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves of the following individuals to the Schuyler County Youth Board for the terms as set forth below: Robin Travis, Member at Large January 1, 2007-December 31, 2008 Janice Vitale Community Service Representative January 1, 2007 – December 31, 2009 Vote: 8-0. RESOLUTION NO. 256 Motion by Bleiler, Second by Bingell. RE: ESTABLISH $50 PETTY CASH FUND AND APPROPRIATE CONTROLS FOR OFFICE FOR THE AGING BE IT RESOLVED, that the Schuyler County Treasurer be, and is hereby authorized to establish a petty cash account in the amount of $50.00 for the use by the Schuyler County Office for the Aging. Vote: 8-0. RESOLUTION NO. 257 Motion by Bingell, Second by Larison. RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 4 OF THE YEAR 2007 AMENDING LOCAL LAW NO. 4 OF THE YEAR 2001 TO INCREASE THE MINIMUM ALTERNATIVE VETERAN’S EXEMPTION IN ACCORDANCE WITH REAL PROPERTY TAX LAW SECTION 458-A WHEREAS, Local Law Intro. No. 3/Local Law No. 4 of the Year 2007 Amending Local Law No. 4 of the Year 2001 to Increase the Minimum Alternative Veteran’s Exemption in Accordance with Real Property Tax Law Section 458-A was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held July 9, 2007 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. 3/Local Law No. 4 of the Year 2007, 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. 4 of the Year 2007, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO NO. 3/LOCAL LAW NO. 4 OF THE YEAR 2007 A Local Law to amend Local Law No. 4 of the Year 2001 to Increase the Minimum Alternative Veteran’s Exemption in accordance with Real Property Tax Law Section 458-A Be it enacted by the Legislature of the County of Schuyler as follows: Section 3. Henceforth the exemption amounts provided for under § 2 shall be as follows: Subd. Basic exemption amount $12,000 Subd. Basic exemption amount $ 8,000 Subd. Basic exemption amount $40,000 Section 4. All other provisions of NYS Real Property Tax Law Section 458-a shall control. Section 5. This Local Law shall take effect immediately upon filing with the Secretary of State. Vote: 8-0. RESOLUTION NO. 258 Motion by Bingell, Second by Larison. RE: APPOINTMENTS – SCHUYLER COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Environmental Management Council for the following terms: John Q. Smith – Member-at-Large ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 99 January 1, 2007 – December 31, 2008 Phil Joe Smith – Village of Montour Falls Representative April 2, 2007 – March 31, 2008 Vote: 8-0. RESOLUTION NO. 259 Motion by Bingell, Second by Larison. RE: RESOLUTION IN SUPPORT OF REQUESTED FUNDING FOR THE APPALACHIAN REGIONAL COMMISSION (ARC) NON-HIGHWAY PROGRAM IN FISCAL YEAR 2008 WHEREAS, the Appalachian Regional Commission was created by Congress in 1965 to assist more than 20 million residents in the 13 Appalachian states to reach socioeconomic parity with the rest of the nation, and WHEREAS, ARC accomplishes this goal by strengthening basic infrastructure, improving the employability of the region’s residents, and helping to diversify the regional economy, and WHEREAS, since ARC’s creation, the poverty rate has been cut in half (from 31 percent to 13 percent), the infant mortality rate has been reduced by two-thirds, and the percentage of adults with a high school education has increased by over 70 percent, and WHEREAS, ARC-funded health clinics have improved access to health care across the region, ARC- funded projects have made access to clean water and sanitary sewer facilities available to more than 800,000 residents, and ARC initiatives have contributed to the creation of approximately 1.6 million jobs in the region, and WHEREAS, the Southern Tier Central region of New York State (Chemung, Schuyler, and Steuben Counties) has received $38 million in ARC funds since the first projects were funded in 1966 and has been able to use that funding to leverage an additional $67 million in private, local, state, and other federal funding, and WHEREAS, Appalachian Regional Commission funding has provided the Southern Tier with infrastructure, workforce training, business development, telecommunications, health care, child development, and local government assistance, and WHEREAS, Appalachia faces continuing economic challenges, and the Appalachian Regional Commission focuses federal and matching funding where the needs are greatest. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the appropriation of $75 million for the Appalachian Regional Commission non-highway program for Fiscal Year 2008 as requested by the Appalachian governors, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby urge Senator Charles E. Schumer and Senator Hillary Rodham Clinton to support the appropriation of $75 million in the Senate Energy and Water bill, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature requests that the appropriation of $75 million be supported in the House/Senate conference, and BE IT FURTHER RESOLVED, that this resolution be forwarded to Senator Charles E. Schumer, Senator Hillary Rodham Clinton, and Member of Congress John R. Kuhl. Vote: 8-0. RESOLUTION NO. 260 Motion by Bingell, Second by Larison. RE: ACCEPT/REJECT BIDS AND AUTHORIZE AN AGREEMENT FOR THE CONSTRUCTION OF STILLWELL ROAD BRIDGE REPLACEMENT PROJECT – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 169-07 authorized the advertising for bids for construction of the Stillwell Road Bridge Replacement project, and WHEREAS, bids were opened on July 2, 2007 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 accept the following low bid from Silverline Construction, Inc. for the Stillwell Road Bridge Replacement over Taughannock Creek at the low bid price of $751,873, funding available in the 2007 budget account no. 5120.583, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 100 BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Silverline Construction, Inc. for the Stillwell Road Bridge Replacement over Taughannock Creek, in the amount of $751,873; 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: 8-0. RESOLUTION NO. 261 Motion by Fagan, Second by Bleiler. RE: ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS 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, 2007 through July 14, 2008: Democrats Republicans Rebecca Abraham Karen Allen Helen Baker Lois Brown Elizabeth Biggers Richard Brown Geraldine Boyce Susan Baker Patricia Butler Richard Butler Susan Cecce Barbara Cilley Elizabeth Cole Teresa Cope Jeanne Donnell Christine Cosgrove Beatrice Fazzary Haight Vera Giasi Patricia Hastings Jean Hubsch Elizabeth Hollis Virginia Jensen Doris Fazzary Joan Martin Darla Kimmey Neal Melveney Florence Klopf Marion Nicastro Janis Liu Jean Parker Katherine Lotz Nona Schimizzi Ellen Mathers Norma Silliman Cathy-Rae Mathews Catherine Sirrine Fredrick Mockler Jane Snyder Gretta Preston Karen Solomon Ira Ray Sandra Teeter Bonnie Seeley Diane Koi-Thompson Theresa Sgrecci Gertji Turk Helen Sipperly Elizabeth Underdown Ida Smalley Francis VanDyke Beatrice Smyder Kathy Weber Eleanor Soule Clifford Yaw Jolene Swick Linda Wager Welshans Joyce VanFleet Catherine VanZile ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 101 Vote: 8-0. RESOLUTION NO. 262 Motion by Fagan, Second by Bleiler. 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 $46,028 to $50,947. 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 $50,947 for additional services for the transit needs assessment, funding available in the 2007 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 explained that the extra services being provided includes a power point presentation by Nelson/Nygaard sometime in August outlining to the public the planned implementation for mass transit in the County. He feels there needs to be a lot of publicity done to get the word out about the presentation. Legislator Bleiler suggested having the presentation at the Glen Theatre. Legislator Fagan felt that was a good idea. MOTION by Legislator Fagan to send a letter to the State thanking them for their participation in the implementation of the project and the personal attention given to it, SECOND by Legislator Bingell. Legislator Fagan will work with the County Administrator on the letter. Motion carried eight ayes to zero noes. Vote: 8-0. RESOLUTION NO. 263 Motion by Larison, Second by Bingell. RE: AUTHORIZE ONE RESOLUTION BE BROUGHT TO THE FLOOR BE IT RESOLVED, that one Resolution be brought to the floor. Vote: 8-0. RESOLUTION NO. 264 Motion by Larison, Second by Bleiler. RE: AUTHORIZATION TO ADVERTISE FOR BIDS TO PURCHASE NEW KITCHEN EQUIPMENT – BUILDINGS AND GROUNDS WHEREAS, as authorized per Resolution No. 154-07, the design work for the new Office for the Aging space has been completed. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be hereby authorized to advertise for bids for new kitchen equipment for the Office for the Aging, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature will receive bids to be opened at an open public meeting. DISCUSSION: County Administrator O’Hearn explained that some kitchen equipment will be moved to the new location, however the cooler can not be moved and it would be too small for the new kitchen. The new kitchen will be able to accommodate the jail, head start and allow for increased seating at the Office for the Aging. The cost to purchase new equipment may be as high as $80,000. Legislator Bleiler stated that the walk in cooler currently at the Office for the Aging is on leased property from Shepard Niles and will have to go with the property. He also said some other remaining equipment will also have to be sold. Vote: 8-0. NEW BUSINESS: Chairman Gifford announced that he and Legislator Bleiler will be meeting with the Governor’s office on July 11, 2007 to discuss concerns facing small counties. Administrator O’Hearn suggested that they discuss the fact that Schuyler County would like to share a Weights and Measures position with Steuben and Yates County, however it is prohibited by the Ag & Markets Law. Thy must be a county resident. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn explained that the bids for the new security system were to be opened this Friday, however there were some concerns from vendors stating that the time frame was too short. So, the bid opening has been pushed back two weeks and the completion date has been pushed back three weeks until ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 102 September 28, 2007. He also reported that the glass will be installed by this Wednesday on the exterior of the new Human Services building. The building is ahead of schedule with construction. Legislator Bleiler asked the Administrator how the reassessment program is doing for the Town of Tyrone and Orange. O’Hearn said that 984 properties in Tyrone are residential properties. The vacant lands are done much quicker. They should be done with the Town of Tyrone by the end of the month. They plan to complete the Town of Orange by the end of August. He feels the Town of Hector is disappointed now that they did not join our county wide program. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:02 p.m. Gail M. Hughey, Acting Deputy Clerk of the Legislature Kathy Walruth, Records Management Officer REGULAR MEETING AUGUST 13, 2007 The August 13, 2007 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. Assistant County Attorney Morris and County Administrator O’Hearn was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 265 Motion by Larison, Second by Yuhasz. August 13, 2007 RE: APPROVE MINUTES OF THE JUNE 27, 2007 SPECIAL MEETING, THE JULY 5, 2007 SPECIAL MEETING AND THE JULY 9, 2007 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the June 25, 2007 Special Meeting, the July 5, 2007 Special Meeting and the July 9, 2007 Regular Meeting of the Schuyler County Legislature be approved. Vote: 7-0. RESOLUTION NO. 266 Motion by Bleiler, Second by Yuhasz. RE: RECOGNIZE SATURDAY, SEPTEMBER 8, 2007 AS WORLD RABIES DAY - PUBLIC HEALTH WHEREAS, Human Rabies is 100% preventable, providing prophylaxis treatment is initiated in a timely manner, and WHEREAS, prevention, which consists of prophylaxis for humans and controlling the main source in dogs through vaccination, is neglected in many parts of the world, and WHEREAS, the animal disease burden is under-reported, even in developed countries with extensive public health infrastructure, and WHEREAS, human deaths are largely ignored and uncounted but a conservative estimate of the annual global human disease burden is 55,000, and WHEREAS, Rabies has a consistent and startling case fatality rate of 100%, and WHEREAS, the majority of victims are children and nearly all humans dying of rabies live in poverty. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes Saturday, September 8, 2007 as World Rabies Day and recognizes the group of professionals who have devoted their careers to rabies prevention, including international health organizations, national, state and local public health partners, professional organizations, commercial pharmaceutical companies and foundations who have the capacity to improve public health and veterinary infrastructure in the areas of the greatest need. Vote: 8-0. RESOLUTION NO. 267 Motion by Bleiler, Second by Yuhasz. RE: RECOGNIZE SEPTEMBER 2007 AS NATIONAL CHOLESTEROL EDUCATION MONTH - PUBLIC HEALTH WHEREAS, the theme for National Cholesterol Education Month is “Know your cholesterol numbers - Know your risk - Give yourself some TLC”, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 103 WHEREAS, information is available to help the 65 million American adults with high blood cholesterol make therapeutic lifestyle changes (TLC) needed to lower their cholesterol and their risk for heart disease, and WHEREAS, to check their cholesterol status, all adults should have their cholesterol measured, know their cholesterol numbers, their risk for heart disease and follow a heart-healthy lifestyle to lower their risk and keep it down. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes September 2007 as National Cholesterol Education Month. Vote: 8-0. RESOLUTION NO. 268 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE ADOPTION OF A REVISED FEE SCHEDULE FOR HOME HEALTH SERVICES - PUBLIC HEALTH WHEREAS, the Public Health Department sets fees for its home health services based on the cost of the services provided, and WHEREAS, a recent review of the cost of services provided by the Schuyler County Home Health Agency indicates that fees for services should be increased to meet the costs of those services, pending State approval. NOW, THEREFORE, BE IT RESOLVED, that Public Health charge and collect fees for the home health services provided by the Schuyler County Home Health Agency as follows: Skilled Nursing $165.00 / visit (increase of $20 / hour) Physical Therapy $115.00 / visit (increase of $10 / hour) Speech Therapy $115.00 / visit (increase of $5 / hour) Occupational Therapy $120.00 / visit (unchanged) Medical Social Worker $105.00 / visit (unchanged) Personal Care Aide $34.00 / hour (unchanged) Home Health Aide $34.00 / hour (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: 8-0. RESOLUTION NO. 269 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AN AMENDMENT TO THE CONTRACT WITH THE ARC OF SCHUYLER COUNTY, INC. FOR 2007 - COMMUNITY SERVICES WHEREAS, the Community Services Department currently contracts with the Arc of Schuyler County, Inc. for community mental retardation and developmental disabilities services, supported employment services and peer specialist employment services, and WHEREAS, continuation of these services is extremely beneficial to the residents of Schuyler County who are in need of these services, and WHEREAS, the State Aid funding letter from the New York State Office of Mental Retardation and Developmental Disabilities was received after the 2007 Community Services budget was finalized and changes to the 2007 Community Services budget, which will not impact the local share, need to be made accordingly. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the contract with the Arc of Schuyler County, Inc. increasing the contract by $1,005.00, such amount provided for in the 2007 Community Services budget, account no. 4310.435- Professional Fees and Services and account no. 4322.504-Schuyler Arc, Inc., subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 270 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE A CONTRACT WITH DIANE DOUGHTY, OCCUPATIONAL THERAPIST - PUBLIC HEALTH WHEREAS, Public Health is in need of Occupational Therapy services, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 104 WHEREAS, provision of these services would be beneficial to the operation of the Home Health Agency in serving the needs of residents in Schuyler County, and WHEREAS, Diane Doughty is qualified to provide the extended services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Diane Doughty for the provision of Occupational Therapist services, for the period August 1, 2007 through December 31, 2007 at an hourly rate of $60.00 per hour, not to exceed $12,000, to be renewed annually, funds being available in the 2007 budget; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 271 Motion by Bingell, Second by Bleiler. 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, the contract between the Youth Bureau and the Department of Social Services expired June 30, 2007, and WHEREAS, Resolution No. 208-06 authorized the permanent increase in hours to be contingent upon the contract with the Department of Social Services and grant funding. WHEREAS, there remains to be a need for the continuation of the permanent increase in these hours for the Youth Bureau Office on an annual calendar year, and WHEREAS, the Youth Bureau Director is seeking funding from the Office of Children and Family Services (OCFS) Trust Fund Grant to pay for said permanent increase in hours, and WHEREAS, in the meantime, funds from the Runaway and Homeless program and the Watkins Glen International Raceway program are currently supporting the Youth Program Coordinator’s increase in hours, and WHEREAS, the Management & Finance Committee recommends paying for said salary and benefits from the Youth Bureau budget and other funding streams, until such time that Office of Children and Family Services Trust Fund Grant announcement is made. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the continuation of the permanent increase in hours to 35 hours a week, effective July 1, 2007 for the Youth Program Coordinator’s position, and BE IT FURTHER RESOLVED, that said permanent increase in hours will be revisited at budget time for the year 2008. Vote: 8-0. RESOLUTION NO. 272 Motion by Karius, Second by Bingell. RE: PROCLAIM SEPTEMBER 2007 AT YOUTH COURT MONTH-“EMPOWERING YOUTH, EXPERIENCING JUSTICE” – YOUTH BUREAU WHEREAS, throughout September, more than 1,231 youth court programs operating throughout the United States will celebrate the 6th Annual National Youth Court Month. The theme of the celebration is: “Empowering Youth, Experiencing Justice”, and WHEREAS, Youth Courts are one of the fastest growing crime prevention and early intervention programs in the nation and for over thirty years they have offered innovative solutions to prevent juvenile crime and educate our young people, and WHEREAS, Youth Courts emphasize the importance of being involved in one’s community and they provide our nation’s youth with an opportunity to learn about government and take an active role in upholding our democratic principles, and WHEREAS, Youth Courts empower youth through involvement in community solutions by developing skills in leadership, decision-making, and problem solving and youth learn the appropriate use of peer pressure, and are given opportunities to mentor and instill integrity in their peers. They also gain a clearer understanding of our nation’s judicial system, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 105 WHEREAS, we should strive to reduce juvenile crime in this country and youth court volunteers play a crucial role in making this goal a reality, and WHEREAS, Youth Courts teach our youth about accountability and the consequences of making poor choices and they also reward responsible behavior. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim the month of September 2007 as the 6th Annual National Youth Court Month. Vote: 8-0. RESOLUTION NO. 273 Motion by Karius, Second by Bingell. RE: AUTHORIZE AN AGREEMENT WITH CHEMUNG CANAL TRUST COMPANY FOR ELECTRONIC TRANSFERS – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging is required to make a transfer to the Treasurer’s Office of all funds collected into the Office for the Aging checking account for said month, and WHEREAS, the 2006 audit report suggests the transfers be made electronically to ensure timely transfers of agency funds, and WHEREAS, the Office for the Aging can accommodate said request by entering into a Business Banker contract with Chemung Canal Trust Company. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign a contract with Chemung Canal Trust Company to carry out the electronic transfers by the Schuyler County Office for the Aging to the Schuyler County Treasurer’s Office, at no cost; subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 274 Motion by Karius, Second by Bingell. RE: AUTHORIZATION TO RETAIN INDEPENDENT COUNSEL – SOCIAL SERVICES WHEREAS, a situation has arisen in a Social Services claim for medical assistance recovery against the Estate of a Medicaid client, deceased, and WHEREAS, an employee from the Schuyler County Attorney’s Office is involved in that Estate and the County Attorney’s Office is disqualified in proceeding as an adverse party litigant. NOW, THEREFORE, BE IT RESOLVED, that the office of the County Attorney and Department of Social Services are hereby authorized to negotiate a retainer agreement for this case with the law firm of Davidson & O’ Mara, such retainer agreement to be subject to the approval of the Schuyler County Attorney and the Legislative Chairman in accordance with standing contract approval procedures, and BE IT FURTHER RESOLVED, that the Legislature authorizes the Chairman of the Legislature to enter into said contract on behalf of the Schuyler County Department of Social Services, and BE IT FURTHER RESOLVED, that funding for said independent counsel will be charged to Medicaid Administration, account no. 6010.435-Professional Fees and Services, which is 100% reimbursable from State and Federal funds. Vote: 8-0. RESOLUTION NO. 275 Motion by Bingell, Second by Fagan. RE: ACCEPT/REJECT BIDS FOR PURCHASE AND INSTALLATION OF A SECURITY SYSTEM AND A FIRE ALARM SYSTEM FOR CERTAIN COUNTY BUILDINGS – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 153-07 authorized a contract with Hunt Engineers Architects & Surveyors for Schematic Design and Contract documents for building security devices at Watkins Glen Shared Document Facility, the Schuyler County Human Services Building and an upgrade to the Courthouse Complex and Mill Creek Center, and WHEREAS, Resolution No. 168-07 authorized advertising for bids for said building security, and WHEREAS, it is the recommendation of Hunt Engineers Architects & Surveyors to accept the low bid from Day Automation Systems, Inc. for the purchase and installation of a security system in the amount of $271,741 and accept the low bid from CPE Inter Link for the purchase and installation of the fire alarm system in the amount of $53,061.07, and WHEREAS, it is also recommended that the security bid portion from CPE Inter Link be rejected, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 106 WHEREAS, there was security conduit rough-in work that had to be done by ICT Mechanical Services, Inc. to facilitate the building time table being adhered to; at a cost of $6,600 and it needs authorization to be paid, and WHEREAS, funding is available in capital reserve account no. 004-1620-209 for said projects. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract for a security system with Day Automation Systems Inc. at a cost of $271,741 and a contract for a fire alarm system with CPE Inter Link at a cost of $53,061.07; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby authorize the payment to ICT Mechanical Services, Inc. to be paid from the capital reserve account no. 004-1620-209. Vote: 8-0. RESOLUTION NO. 276 Motion by Bingell, Second by Fagan. RE: ACCEPT/REJECT BIDS FOR INSTALLATION OF FIBER OPTICS – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 182-07 authorized a contract with Hunt Engineers Architects & Surveyors for Fiber Optic Outside Plant Design at the new Schuyler County Human Services Complex, the new Shared Document Facility, Highway Department, Mill Creek Center and the current County Office Building and authorized advertisement for bids. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts Hunt Engineers Architects & Surveyors recommendation of the low bidder, Corning Cable Systems, for the installation of outside Fiber Optic at the low bid of $65,318.99, plus anchors as required, at an estimated cost of $210 per anchor, and BE IT FURTHER RESOLVED, that the following bid(s) be rejected: Eastcom Utilities, Inc. 1092 City Route 37 Central Square, NY 13036, and BE IT FURTHER RESOLVED, that funding is available in capital reserve account no. 004-1620-209 to pay for said project, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Corning Cable Systems at a cost of $65,318.99, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 277 Motion by Bingell, Second by Fagan. RE: AUTHORIZE AMENDING THE 2007 CENTRAL SERVICES BUDGET – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 304-06 authorized a contract with Allen Rotto Consultants, Inc. to perform a telecommunications audit, and WHEREAS, the contractor has found that Verizon has been over charging the mileage on radio tie line 607R610142865254, and WHEREAS, the sum of $11,929.80 has been recovered for the period of November 2001 to April 2007 for which a fee of 50% of the recovered amount plus 50% of any permanent reduction for 1 year is owed to the contractor in the amount of $6,461.94. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2007 budget for Central Services as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$11,929.80 1610.400 Contractual +$11,929.80 1610-1270 Revenue Vote: 8-0. RESOLUTION NO. 278 Motion by Bingell, Second by Larison. RE: AUTHORIZE A CONTRACT WITH THE NEW YORK STATE DEPARTMENT OF STATE FOR THE SHARED SERVICES GRANT FOR THE CENTRALIZED RECORDS MANAGEMENT ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 107 FACILITY – RECORDS MANAGEMENT WHEREAS, Resolution No. 451-05 authorized an application for grant funding to establish a Centralized Records Management facility in Schuyler County, and WHEREAS, Resolution No. 394-06 authorized an Inter-Municipal Agreement with the Village of Watkins Glen, Town of Dix, Town of Hector, and Watkins Glen Central School for use of a Shared Records Management facility, and WHEREAS, on June 22, 2007 notification of funding for said facility was received by the Chairman of the Legislature. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into agreement with the Department of State for the Centralized Records funding in the amount of $100,000; subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 279 Motion by Bingell, Second by Larison. RE: ACCEPT/REJECT BIDS FOR PURCHASE AND INSTALLATION OF MILLWORK FOR THE HUMAN SERVICES BUILDING – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 217-07 authorized a contract with Hunt Engineers Architects & Surveyors for Schematic Design and Contract documents for millwork at the Schuyler County Human Services Building and authorized advertisement for bids. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisor’s recommendation of the low bidder, Upstate Millwork, Inc., for the purchase and installation of Millwork in all of the buildings except Headstart class rooms (cost 4.A and 4.B) at the low bid of $40,944 (cost 4.C and 4.D), and BE IT FURTHER RESOLVED, that the following bid(s) be rejected: Pfaff & Son 204 East Franklin Street Horseheads, NY 14845, and BE IT FURTHER RESOLVED, that funding is available in capital reserve account no. 004-1620-209 for said work, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into contract with Upstate Millwork, Inc., at a cost of $40,944, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 280 Motion by Bingell, Second by Larison. RE: AUTHORIZE AN AGREEMENT WITH HUNT ENGINEERS, ARCHITECTS & SURVEYORS FOR LICENSED ENGINEERING SERVICES – BUILDINGS AND GROUNDS WHEREAS, Schuyler County is implementing energy saving measures in the new Human Services Building, and WHEREAS, some energy saving measures may be qualified for incentives or grants from New York State Energy Research and Development Authority (NYSERDA), and WHEREAS, evaluation of energy saving measurers are required to be prepared by the appropriate licensed engineer, and WHEREAS, Hunt Engineers Architects & Surveyors has proposed to apply for incentives or grants from NYSERDA at a cost of $2,600. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to enter into contract with Hunt Engineers Architects & Surveyors for engineering services to apply for incentives or grants from NYSERDA at a cost of $2,600; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that funding for said work is available in the Capital Reserve account 001-1620-400. Vote: 8-0. RESOLUTION NO. 281 Motion by Fagan, Second by Bingell. 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 108 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 $950,000.00 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: 8-0. RESOLUTION NO. 282 Motion by Fagan, Second by Bingell. RE: ADOPT POLICY GUIDELINES FOR IMPLEMENTATION OF PROSTATE 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 prostate cancer screening (Chapter 111 of the Laws of 2007). NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the follow Policy Guidelines for implementation of Chapter 111 of the Laws of 2007, effective August 2, 2007: Prostate Cancer Screening Leave Time Policy Guidelines Each January 1, any county employee is eligible for up to four hours of Prostate 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 prostate 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. 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. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 109 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: 8-0. RESOLUTION NO. 283 Motion by Fagan, Second by Bingell. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES WHEREAS, the Management/Confidential Salary Plan (M/CSP) states that the salary ranges may be increased each year by the rate of the Cost of Living Adjustment (COLA) from the July Bureau of Labor Statistics Data Report, Consumer Price Index, and applied using the same methodology as the Federal Government over a 12-month period, and WHEREAS, the COLA has been determined to be 3.1%, and WHEREAS, the County Administrator and Human Resources Director recommend that the Legislature adopt a 3.1% 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, 2008. FACTOR RATING SYSTEM AND SALARY RANGES POINTS GRADE MIN MID MAX_ 1026 – 1100 M 72,808 82,595 92,403 951 – 1025 L 67,203 77,003 86,803 876 – 950 K 61,601 71,403 81,204 801 – 875 J 56,001 65,804 75,603 726 – 800 I 50,404 60,204 70,003 651 – 725 H 44,802 53,903 63,003 576 – 650 G 40,602 50,404 60,204 501 – 575 F 37,801 46,902 56,001 426 – 500 E 35,001 43,401 51,802 351 – 425 D 32,202 39,903 47,604 276 – 350 C 29,402 36,402 43,401 202 – 275 B 26,601 33,602 40,602 Vote: 8-0. RESOLUTION NO. 284 Motion by Fagan, Second by Bingell. RE: AUTHORIZE ADDITIONAL FUNDING FOR THE FACILITIES AND GROUNDS CAPITAL RESERVE ACCOUNT FOR 2007 – BUILDINGS AND GROUNDS WHEREAS, there are several capital projects slated to be done in the year 2007, and WHEREAS, the Facilities and Grounds Capital account funding and implementation policies have been adopted, and WHEREAS, said policy directs the Treasurer to place $200,000 from fund balance annually into the Facilities and Grounds Capital Reserve, and WHEREAS, the slated capital projects for 2007 exceeds the annual funding for this fiscal year. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer an additional amount of $1,500,000 from fund balance to the Facilities and Grounds Capital Reserve. Vote: 8-0. RESOLUTION NO. 285 Motion by Fagan, Second by Bingell. RE: AUTHORIZE AN AMENDMENT TO THE CONTRACT WITH NTS DATA SERVICES, LLC – BOARD OF ELECTIONS WHEREAS, the County Board of Elections entered into a five-year contract with NTS Data Services LLC for software and maintenance, and WHEREAS, certain HAVA mandated changes require a one-time service upgrade. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 110 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an addendum to the contract with NTS Data Services, LLC for a one-time service upgrade at a cost of $5,000, funding available in Board of Elections account no. 1450.435-Professional Fees & Services; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 286 Motion by Fagan, Second by Bingell. RE: AUTHORIZE GRANT APPLICATIONS FOR THE HAVA FUNDING – BOARD OF ELECTIONS WHEREAS, Commissioners of the Schuyler County Board of Elections have been notified by the New York State Board of Elections that funding in the amount of $20,727 is available to Schuyler County under two separate programs to implement provisions of the federal Help America Vote Act (HAVA), and WHEREAS, the Commissioners are requesting authorization to submit an application with a 5% County match of $596.00 for federal funds in the amount of $11,911.00 to establish a program to advance voter education and poll worker training, and WHEREAS, the Commissioners further request permission to apply for up to $8,816.00 of which $5,955.00 is available from State of New York funds and $2,861.00 from a Federal Health and Human Services grant, to undertake minor construction and renovation projects and to purchase proper signage, materials and low-tech devices to assure persons with disabilities of voter privacy and independence on election days. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign grant applications for funding with the New York State Board of Elections in the amount of $11,911.00 regarding voter education and poll worker training and up to $8,816.00 to improve disabled voter access and participation, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature is directed to forward certified copies of this resolution to appropriate County Officials. Vote: 8-0. RESOLUTION NO. 287 Motion by Karius, Second by Fagan. RE: AUTHORIZE AN INCREASE FROM $20 TO $50 IN THE PETTY CASH FUND FOR THE BOARD OF ELECTIONS BE IT RESOLVED, that the Schuyler County Treasurer be, and is hereby authorized to increase the petty cash account in the amount of $25.00 to $50.00 for the use by the Schuyler County Board of Elections. Vote: 8-0. RESOLUTION NO. 288 Motion by Karius, Second by Fagan. RE: ACCEPT/REJECT BIDS FOR THE SALE OF THE 2004 TAX MAP SET – REAL PROPERTY TAX WHEREAS, Resolution No. 173-07 authorized advertisement for bids for the sale of the 2004 tax map set, and WHEREAS, only one bid was received from Prudential Ambrose & Shoemaker Real Estate in the amount of $201.00. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the bid from Prudential Ambrose & Shoemaker for the sale of the 2004 tax map set at the bid price of $201.00. Vote: 8-0. RESOLUTION NO. 289 Motion by Karius, Second by Fagan. RE: AUTHORIZE RE-APPOINTMENT OF THE REAL PROPERTY TAX DIRECTOR WHEREAS, the current appointment term for the Real Property Tax Director will expire on September 30, 2007, and WHEREAS, the county must appoint a Real Property Tax Director pursuant to Real Property Tax Law (RPTL) Section 1530 to a new six year term, and WHEREAS, it is the recommendation of the County Administrator and the Management & Finance Committee to re-appoint the current Director. NOW, THEREFORE, BE IT RESOLVED, that Thomas R. Bloodgood be re-appointed Real Property Tax Director for a six-year term commencing on October 1, 2007, and terminating on September 30, 2013. Vote: 8-0. RESOLUTION NO. 290 Motion by Fagan, Second by Bingell. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 111 RE: AUTHORIZE AMENDING RESOLUTION NO. 311-06 TITLED “AUTHORIZE AN INTER- MUNICIPAL AGREEMENT WITH THE TOWNS TO PROVIDE COUNTY WIDE ASSESSING SERVICES – REAL PROPERTY TAX” WHEREAS, Resolution No. 311-06 authorized an inter-municipal agreement to have a term of January 1, 2007 through December 31, 2013, and WHEREAS, some towns will not be entering into this agreement until October of 2007. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 311-06 be amended to have the Now Therefore Be It Resolved clause now read as follows, with the change in bold. “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.” Vote: 8-0. RESOLUTION NO. 291 Motion by Fagan, Second by Bingell. RE: AUTHORIZE A CONTRACT WITH VAN HARP FOR WORKPLACE SAFETY ASSESSMENT – HUMAN RESOURCES WHEREAS, the Workplace Violence Prevention Act requires employers to, among other things, assess the physical safety of their workplaces, and WHEREAS, Mr. Van Harp has the necessary training and experience and has offered to assist the county in conducting this assessment at no charge. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into an agreement with Van Harp for the provision of workplace safety assessment at no cost to the county, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 292 Motion by Fagan, Second by Bingell. RE: AUTHORIZE SALE OF COUNTY TAX PARCEL TO STACKHOUSE – COUNTY ATTORNEY WHEREAS, tax parcel 114.00-1-29 is located in the Town of Cayuta and consists of less than one acre of land and is presently listed on the tax roll as “unknown owner”, and WHEREAS, research by the County Attorney’s Office and T. G. Miller, P.C., Engineers & Surveyors (Monroe Title Abstract #222081-B 12/19/06) indicates that record title in the property rests in the County of Schuyler, and has been since 1949, and WHEREAS, the property is bounded by County Route 13 and the Chemung County line and tax parcel 114.00-1-28 (Ronald and Leslie Stackhouse), and WHEREAS, the present and prior owners of tax parcel 114.00-1-28 have utilized a portion of the tax parcel 114.00-1-29 for access and have thus created an equitable adverse title interest, and WHEREAS, Ronald and Leslie Stackhouse have made a written offer of $600.00 for the premises, and WHEREAS, $600.00 is a fair and reasonable offer for premises which would otherwise be unmarketable to anyone except the adjoiners. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts said offer and authorizes the sale of tax parcel 114.00-1-29 to Ronald and Leslie Stackhouse for the amount of $600.00, all real estate transaction documents to be prepared by the Schuyler County Attorney’s Office. Vote: 8-0. RESOLUTION NO. 293 Motion by Larison, Second by Bingell. RE: ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS 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 fourteen individuals to be appointment as election inspectors. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 112 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, 2007 through July 14, 2008: Democrats Republicans Herman James Cassidy Virginia Beebe Linda Cassidy Virginia Cady Engel Melanie Caslin Jean M. Grandizio Denise Hayden Elizabeth A. Martin John D. Hunt Rosemary Paterson Geraldine Debra Schmidt Cheryl Warner Vote: 8-0. RESOLUTION NO. 294 Motion by Larison, Second by Bingell. RE: AUTHORIZE AN AGREEMENT WITH THE SCHUYLER COUNTY CHAPTER NYSARC, INC. FOR TRANSPORTATION – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging, as part of its mission, provides transportation services to Schuyler County residents age 60 and over, and WHEREAS, the Schuyler County Office for the Aging is in need of occasional assistance with transportation needs, and WHEREAS, the Schuyler County Chapter NYSARC, Inc. (referred to as the Arc) provides transportation services, and WHEREAS, the Arc can accommodate wheelchair transportation requests as well as hospital discharges and other needs for clients through the Office for the Aging, and WHEREAS, program funds are available to address such needs in account no. 6772.490. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with the Schuyler County Chapter NYSARC, Inc. to provide the transportation needs identified by the Schuyler County Office for the Aging for the term of September 1, 2007 through August 31, 2008, at a cost not to exceed $1,000, said contract subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 295 Motion by Larison, Second by Bingell. RE: AUTHORIZE ADVERTISING FOR BIDS FOR THE PURCHASE AND INSTALLATION OF A NEW TELEPHONE SYSTEM FOR ALL COUNTY BUILDINGS – BUILDINGS & GROUNDS WHEREAS, bid specifications are completed and it is now necessary to advertise for bids for the purchase and installation of a new Telephone System for all County buildings. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to advertise for bids for a new Telephone System in all county buildings, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature will receive bids to be opened at an open public meeting. Vote: 8-0. RESOLUTION NO. 296 Motion by Bingell, Second by Larison. RE: MOTION TO BRING ONE RESOLUTION TO THE FLOOR BE IT RESOLVED, that one additional Resolution be brought to the floor. Vote: 8-0. RESOLUTION NO. 297 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE AMENDING RESOLUTION NO. 244-07 TITLED “DESIGNATION OF THE SCHUYLER COUNTY LEGISLATURE AS THE LEAD AGENCY FOR SEQR REVIEW OF AGRICULTURAL DISTRICT WHEREAS, Resolution No. 244-07 authorized to hold a public hearing on the SEQR for Agricultural District #2 in the Towns of Reading, Dix, Tyrone and Orange to be held on Monday, August 13, 2007 at 6:00 p.m. before the regular scheduled meeting of the Legislature, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 113 WHEREAS, advertisement for such public hearing was inadvertently overlooked and not advertised. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 244-07 be amended to change the date of the public hearing in the Resolution from August 13, 2007 at 6:00 p.m. to September 10, 2007 at 6:25 p.m. Vote: 8-0. NEW BUSINESS: Legislator Marcellus explained the package each legislator received from the Environmental Management Council Chairman, Kate Barthelomew, on the Montour Falls reservoir land. He asked each of them to please review the packet. He would like to see the county acquire the property as his goal as a legislator. Legislator Bingell thanked Legislator Marcellus for his letter to the New York State Parks on the Padua Ridge issue. Legislator Fagan said it was very impressive. Legislator Marcellus strongly feels the Padua Ridge expansion could become more of a detriment to the State Park property. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Fagan reported on the transportation subcommittee and the public meeting held on the study. The plan has several elements to it. One is to reorganize the service to Ithaca and Cornell University by taking the Montour Falls route to Ithaca, but not the third bus from Route 13 via Alpine Junction. They will be looking at bidding out the service using the large coach type buses which are much more comfortable. The second element is to enhance the service from Watkins Glen to Montour Falls to Arnot Mall and then transfer in Elmira or to Corning. It would be a fixed transit route on an hourly basis. The third component is a rural service to rural townships in the county alternating weekdays. They looked at very flexible routes on either side of the county. Fourth is seasonal as a joint venture for public and private with just one shuttle bus that could be expanded. That is it in a nut shell. The cost ranges anywhere from $150,000 to $200,000. Currently the County is only paying $25,000 for the current service. The key issues are to evaluate the existing services through Social Services, Health Services, the Arc of Schuyler County, etc. and come up with a program to have local share offset by federal and state funds. Legislator Bleiler said the cost is over $150,000, however if you add in the current cost we are paying along with the current costs for what Social Services and Health Services are paying now, the total comes fairly close to $150,000. The difference isn’t really $100,000, it is more like $30,000 maybe. Legislator Fagan explained that the plan give the committee a blueprint to meet the needs discussed during the course of the study. Legislator Bingell congratulated Legislator Fagan and the subcommittee for a job well done. Legislator Marcellus reported Resolution No. 215-07 requesting support of the denying inclusion of the Empire Plan worked. Seneca Physical Therapy is now able to take those who have the Empire Plan and should need physical therapy services. He also reported that the Environmental Management Council (EMC) has called a special meeting for Wednesday, August 22nd at the Rural Urban Center at 7:00 p.m. to have some experts from the Department of Environmental Conservation (DEC) come consult with them regarding the Padua Ridge Gravel Pit. He encouraged all legislators to attend. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that he spoke to John Reel in Washington, D.C. about the Transportation Study and he is excited for us and has some recommendations as to how we should proceed. They are scheduling a meeting to talk about the application process and thoughts about using consultants to help us through this process. He also asked if they would pay for it. He should have an answer by committee week. O’Hearn also reported that the budget process is underway. With help from the Treasurer, Department Heads will be submitting their budget requests electronically this year. He plans on having a tentative budget figure for the Management & Finance Committee meeting in September. Lastly, he reported that the new building in Montour Falls is progressing well. The contractor made a presentation to the Local Development Corporation (LDC) last week. The walls are all up and the ceilings are in place. They are just waiting for the security system, fire alarm and wiring to be installed. The Headstart portion is done by millwork. The floor tiles are done and drywall is up and painted as of this week. He formed a sub group of agencies affected by the move to meet and discuss the transition. He is trying to make the transition seamless. The Office for the Aging will have to be shut down for a day during the move. PUBLIC PARTICIPATION: None. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 114 The Meeting adjourned at 7:03 P.M. Stacy B. Husted, Clerk SPECIAL MEETING AUGUST 22, 2007 The August 22, 2007 Special Meeting of the Schuyler County Legislature was called to order at 12:08 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 Legislator Bingell who was excused. County Attorney Coleman was excused and County Administrator O’Hearn was present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 298 Motion by Larison, Second by Bleiler. 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 PURCHASE AND INSTALLATION OF A NEW TELEPHONE SYSTEM FOR ALL COUNTY BUILDINGS – BUILDINGS AND GROUNDS Vote: 7-0. RESOLUTION NO. 299 Motion by Bleiler, Second by Fagan. RE: ACCEPT/REJECT BIDS FOR THE PURCHASE AND INSTALLATION OF A NEW TELEPHONE SYSTEM FOR ALL COUNTY BUILDINGS – BUILDINGS AND GROUNDS WHEREAS, the Information Technology Director and the Buildings and Grounds Maintenance Supervisor have written a bid specification to replace the existing Nortel Telephone System with a newer Nortel System with the ability to reuse some existing phone components, and WHEREAS, Resolution No. 295-07 authorized the advertisement for bids to purchase and install a new Telephone System at the new Schuyler County Human Services Complex, the new Shared Document Facility, Highway Department, Mill Creek Center and the County Courthouse Complex, and WHEREAS, said bids were due and opened on Monday, August 20, 2007. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Information Technology Director and Buildings and Grounds Maintenance Supervisor’s recommendation of the low bidder, All Mode, for the purchase and installation of a new telephone system at the low bid of $259,690.00 plus Alternate #1 in the amount of $16,588.00 ,and BE IT FURTHER RESOLVED, that the following bid(s) be rejected: Verizon Business Ronco 1 Davis Farm Road, Flr. 2 230 Metro Park Portland, ME 0413 Rochester, NY 14623, and BE IT FURTHER RESOLVED, that funding in Capital Reserve account no. 004-1620-209 is to be used to pay for said project, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with All Mode Communications at a cost of $276,278.00, subject to approval of the Schuyler County Attorney. Vote: 7-0. PUBLIC PARTICIPATION: None. Administrator O’Hearn showed the legislators the design plan that the County Highway Superintendent, Greg Mathews, has worked on for a Shared Public Works building to house the County Highway Department, along with Weights and Measures, Watershed, the Soil & Water Conservation District, the Village of Watkins Glen Street Department and Electric Department, and possibly the Town of Dix Highway Department. The Clerk of the Legislature recommended that the full Legislature make a motion to support the continued work and collaboration on this project before the Highway Superintendent moves forward. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 115 MOTION by Legislator Larison to have the Schuyler County Highway Superintendent continue to draft plans and designs for a shared public works building located at 910 South Decatur Street, SECOND by Legislator Yuhasz. Motion carried seven ayes to zero noes. The Meeting adjourned at 12:11 P.M. Stacy B. Husted, Clerk PUBLIC HEARING SEPTEMBER 10, 2007 The September 10, 2007 Public Hearing on Agricultural District #2 SEQR was called to order at 6:25 p.m. by Chairman Gifford. All Legislators were present. There was no public present, and no public comments. Legislator Fagan explained what the public hearing was for and that was no significant impact, it is a negative declaration. The Public Hearing closed at 6:26 p.m. Stacy B. Husted, Clerk REGULAR MEETING SEPTEMBER 10, 2007 The September 10, 2007 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. County Attorney Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 300 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE AUGUST 13, 2007 REGULAR MEETING AND THE AUGUST 22, 2007 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the August 13, 2007 Regular Meeting and the August 22, 2007 Special Meeting of the Schuyler County Legislature be approved. Vote: 8-0. RESOLUTION NO. 301 Motion by Larison, Second by Bingell. RE: AUTHORIZE THE CREATION AND FILLING OF ONE FULL-TIME CORRECTION OFFICER POSITION – SHERIFF’S OFFICE WHEREAS, due to the reassignment of personnel with the opening of the Schuyler County Human Services Building for security purposes, a full-time Correction Officer position is needed in the Jail/Communications Center, and WHEREAS, a full-time Deputy Sheriff position currently assigned to the Communications Center can be eliminated, and the person currently in that position will be transferred to the new facility, and WHEREAS, the Sheriff’s Department is requesting to create this position, upon the approval of the County Administrator, and WHEREAS, funding for this position is included in the 2007 budget. NOW, THEREFORE, BE IT RESOLVED, that the Sheriff’s Department is hereby authorized to create and fill one full-time Correction Officer position at an hourly rate of $14.72, as set for in the Schuyler County Correction Officers Benevolent Association Contract, effective October 15, 2007. Vote: 8-0. RESOLUTION NO. 302 Motion by Larison, Second by Bingell. RE: AUTHORIZE THE STOP DWI PLAN FOR THE YEAR 2008 – SHERIFF’S OFFICE WHEREAS, the County of Schuyler is participating in the New York State STOP D.W.I. Program, and WHEREAS, participation in said program is totally reimbursed by the State of New York. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby adopts and approves the 2008 STOP D.W.I. Program Plan, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 116 BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign said Plan; subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 303 Motion by Larison, Second by Bingell. RE: AGREEMENT TO BE LOCAL SPONSOR FOR SNOWMOBILE TRAILS GRANT APPLICATION FOR SNOWMOBILE CLUBS FOR 2007 – 2008 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 Soil and Water Conservation District 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 Soil and Water Conservation District Office, and WHEREAS, the Department of Environmental Conservation (DEC) will issue 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 pursuit of Snowmobile Trails Grant funds, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the 2007-2008 grant application. Vote: 8-0. RESOLUTION NO. 304 Motion by Larison, Second by Bingell. RE: RESOLUTION REQUESTING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF NEW YORK TO PROVIDE FUNDING FOR ACTIVITIES RELATED TO THE ASSESSMENT AND REHABILITATION OF HAZARD CLASS DAMS WHEREAS, numerous private landowners in Schuyler County have ponds which were built in the 1950’s and 1960’s and were created using dams designed by the Soil Conservation Service (now the Natural Resource Conservation Service) to act as flood control structures, and WHEREAS, many of these dams are now in need of major repairs, and current regulations require that an engineer do a dam assessment, design the proper repairs, and supervise construction, at a significant cost to the landowner, and WHEREAS, the Schuyler County Soil and Water Conservation District assists landowners with pond construction issues, but cannot fulfill the current requirements for engineering services, and WHEREAS, failure to provide proper repairs and maintenance of these dams will result in a loss of important flood control structures for Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby request the Governor and the Legislature of the State of New York to identify an appropriate funding source, and establish a program which can be administered by County Soil and Water Conservation Districts, to assist landowners in meeting the current regulations for dam repairs and maintenance, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to Governor Eliot Spitzer, Thomas F. O’Mara, Senator George H. Winner, Jr., Jerry Verrigni, Schuyler County Soil and Water Conservation District, USDA Service Center, New York State Association of Counties, 111 Pine Street, Albany, NY 12207; and to the Inter-County Association of Western New York. Vote: 8-0. RESOLUTION NO. 305 Motion by Larison, Second by Bingell. RE: AUTHORIZE THE CREATION OF AND APPOINTMENTS TO THE IMPLEMENTATION AND OVERSIGHT SUBCOMMITTEE FOR THE SCHUYLER COUNTY TRANSPORTATION PLAN BE IT RESOLVED, that the Schuyler County Legislature hereby creates the Implementation and Oversight Subcommittee for the Schuyler County Transportation Plan, to be comprised of representatives from county departments such as Office for the Aging, Health Services, Social Services and the Legislature, representatives from the general public, and representatives from outside agencies such as the Schuyler County Arc, to be charged with: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 117 1. Overseeing the implementation of goals, objectives and strategies as outlined in the Plan. 2. Recommending changes to the Legislature as new opportunities, information, or challenges arise. 3. Submitting annual reports on the status of implementation efforts, and BE IT FURTHER RESOLVED, that the first task of the Implementation Committee should be a matrix of short, mid, and long-range goals, with expected costs, possible revenue sources, and partners, and BE IT FURTHER RESOLVED, that the Legislature hereby authorizes the appointments of the following individuals to the Implementation and Oversight Subcommittee, to serve until further notice: Tamre Waite – Office for the Aging Tim O’Hearn – County Administrator Bill Weiss – Social Services Dennis Fagan - Legislator George Roets – Health Services Del Bleiler - Legislator Danielle Hauteniami – County Planner Jim Wilson – Schuyler Arc Mike Scullen – Cornell Rider Representative Stacy Edwards - Cornell Riders Representative Jim Arey – Elmira Chemung Transportation Council Vote: 8-0. RESOLUTION NO. 306 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT WITH KEEGAN ASSOCIATES, INC. FOR THE LONG TERM CARE INSURANCE EDUCATION AND OUTREACH PROGRAM (LTCIEOP) MEDIA CAMPAIGN – OFFICE FOR THE AGING WHEREAS, the LTCIEOP shall, in accordance with program standards, provide the general public with educational and informational materials in print including advertisements, media campaigns and mass mailings, and WHEREAS, the approved 2007-2008 LTCIEOP plan states that LTCIEOP grant funds from the New York State Office for the Aging will be used to develop a marketing campaign to raise awareness of the Long Term Care Insurance Program, and WHEREAS, there is funding for this project specifically dedicated within the LTCIEOP 2007 budget in account no. 6772.490, and WHEREAS, Keegan Associates, Inc. can offer advertising services and has reviewed the needs and has provided a project estimate cost of between $7,715 and $8,815. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an agreement with Keegan Associates, Inc. to provide the media campaign components identified by the Schuyler County Office for the Aging for the term of September 1, 2007 through the end of the LTCIEOP program/budget year as of March 31, 2008 for a sum not to exceed $8,815, said contract subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 307 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CONTRACT WITH NANCY FUHR BONN FOR EARLY INTERVENTION SERVICES - PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention services for Children, and WHEREAS, Nancy Fuhr Bonn is approved as a provider for Early Intervention Services, 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 Nancy Fuhr Bonn for Early Intervention services, effective July 1, 2007 through December 31, 2008, at rates established by the New York State Department of Health, to be renewed annually, funds available in the Public Health budget, account no. 4054.490, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 308 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CONTRACT WITH NANCY FUHR BONN FOR PRESCHOOL RELATED SERVICES - PUBLIC HEALTH ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 118 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, Nancy Fuhr Bonn is able to provide the related therapy services for children residing in Schuyler County, and WHEREAS, the rate for related therapy services will be $60.00 per half hour session. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Nancy Fuhr Bonn for the provision of children’s preschool therapy services, effective July 1, 2007 through June 30, 2008, at the rate of $60.00 per half hour session, to be renewed annually, funds available in the Public Health budget, account no. 2960.400, subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 309 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE AMENDING THE CONTRACT WITH BARBARA HISLOP, SPEECH THERAPIST FOR PRESCHOOL SPECIAL EDUCATION SERVICES - PUBLIC HEALTH WHEREAS, the Home Health Agency contracted with Barbara Hislop for Speech Therapy services per Resolution No. 130-06, according to section 4410 of the Education Law, and WHEREAS, rates to provide speech therapy services have increased to $60 per half hour session, and WHEREAS, the Home Health Agency has funds available in the 2007 budget for said increase. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the contract with Barbara Hislop, Speech Therapist, effective July 1, 2007 through June 30, 2008, renewable annually, at an hourly rate of $60.00 per half hour session, 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. 310 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CONTRACT WITH THOMAS H. DENNISON FOR CONSULTANT SERVICES - PUBLIC HEALTH WHEREAS, Public Health is desirous of improving their overall efficiency and enhancement of operations, and WHEREAS, Thomas H. Dennison has presented a proposal to analyze our system and provide assessment and consulting services in this area at a cost of $12,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to execute a contract with Thomas H. Dennison, effective September 1, 2007 through August 31, 2008, at an amount not to exceed $12,000, funds available in the Health Services budget, account no. 4010.400, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 311 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CONTRACT WITH DIANE DOHERTY, OCCUPATIONAL THERAPIST FOR EARLY INTERVENTION SERVICES - PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention services for Children, and WHEREAS, Diane Doherty, Occupational Therapist, is approved as a provider for Early Intervention Services, 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 Diane Doherty, Occupational Therapist, for Early Intervention services, effective July 1, 2007 through December 31, 2008, at rates established by the New York State Department of Health, to be renewed annually, funds available in the Public Health budget, account no. 4054.490, subject to the approval of the Schuyler County Attorney. Vote: 8-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 119 RESOLUTION NO. 312 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE AMENDING THE CONTRACT WITH PEDIATRIC PHYSICAL AND OCCUPATIONAL THERAPY SERVICES PLLC, FOR PRESCHOOL SERVICES - PUBLIC HEALTH WHEREAS, the Home Health Agency contracted with Pediatric Physical and Occupational Therapy Services, per Resolution No. 405-00 with an amendment authorized by Resolution No. 567-00, according to section 4410 of the Education Law, and WHEREAS, rates to provide physical and occupational therapy services have increased to $60 per half hour session, and WHEREAS, the Home Health Agency has funds available in the budget for the balance of 2007 and for 2008. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the contract with Pediatric Physical and Occupational Therapy Services, PLLC, effective September 1, 2007 through June 30, 2008, renewable annually, at an hourly rate of $60.00 per half hour session, 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. 313 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AMENDING THE 2007 BUDGET FOR CHILD AND FAMILY CLINIC PLUS START-UP FUNDING – COMMUNITY SERVICES WHEREAS, the New York State Office of Mental Health has instituted a new initiative called Child and Family Clinic Plus to provide early intervention and treatment for children in need of its services, and WHEREAS, the Schuyler County Mental Health Clinic has been approved by the New York State Office of Mental Health as a Child and Family Clinic Plus Provider, and WHEREAS, the New York State Office of Mental Health has provided additional state aid funds to be used for the start-up of this program. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2007 Health Services Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION 8,478 4310.100 Personal Services +$20,000 4310.204 Equipment-Cars 4,000 4310.208 Equipment-Computers 1,056 4310.431 Office Supplies +$11,466 4310.435 Professional Fees +$45,000 4310-3490 State Aid-Mental Health Vote: 8-0. RESOLUTION NO. 314 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE A CONTRACT RENEWAL WITH WORKFORCE NEW YORK FOR OPERATION OF THE WATKINS GLEN ONE-STOP CAREER CENTER – SOCIAL SERVICES WHEREAS, the Chemung-Schuyler-Steuben Workforce New York (CSS WIFNY) has been the lead agency in maintaining the One-Stop in Schuyler, 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 wishes to continue CSS WFNY supporting the One-Stop in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Chairman of the Legislature to enter into a renewal of the agreement with CSS WFNY, on behalf of the Department of Social Services, to maintain the Watkins Glen One-Stop Career Center for the period July 1, 2007 through December 31, 2007 at a total cost of $6,000, funding available in the Department’s 2007 budget, account no. 6010.484, subject to the approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 315 Motion by Bingell, Second by Bleiler. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 120 RE: ACCEPT/REJECT BIDS FOR PURCHASE AND INSTALLATION OF NEW KITCHEN EQUIPMENT – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 154-07 authorized the design work for the new Office for the Aging space and it has been completed, and WHEREAS, Resolution No. 264-07 authorized advertising for bids for said kitchen equipment. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Buildings Maintenance Supervisor’s recommendation of the low bidder, Wilson Store Equipment, Inc. for the purchase and installation of new kitchen equipment at the low bid amount of $92,380, and BE IT FURTHER RESOLVED, that there were no additional bids submitted, and BE IT FURTHER RESOLVED, that funding is available in Capital Reserve account no. 004-1620.209 to be used to pay for said project, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Wilson Store Equipment, Inc. at a cost of $92,380, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 316 Motion by Bingell, Second by Bleiler. RE: ACCEPT CONTRACT EXTENSION WITH SILVERLINE CONSTRUCTION FOR MISCELLANEOUS STRUCTURAL MAINTENANCE AND RECONSTRUCTION OF BRIDGES, CULVERTS, GUIDERAIL, ETC. – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the first year of a two-year contract renewal option for Miscellaneous Structural Maintenance and Reconstruction, and WHEREAS, Silverline Construction, Inc. has agreed in writing to extend the original agreement under the same terms, conditions and rates for a contract period of October 1, 2007 through September 30, 2008. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Chairman of the Schuyler County Legislature is hereby authorized to sign a contract extension with Silverline Construction, Inc. effective October 1, 2007 through September 30, 2008: funding available in the 2007/2008 budget; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 317 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE WATER QUALITY IMPROVEMENT PROJECTS AND NONAGRICULTURAL NON-POINT SOURCE AND AQUATIC HABITAT RESTORATION PROJECTS – HIGHWAY DEPARTMENT WHEREAS, this Resolution authorizes the items listed below pursuant to the Bond Acts enacted in 1965, 1972 and 1996 and the Environmental Protection Fund, as well as federal grant awards available for such projects, and WHEREAS, Schuyler County, herein called the “Municipality”, after through 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 call 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”) authorizes State assistance to municipalities for water quality improvement projects 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, that the Chairman of the Schuyler County Legislature is the representative authorized to act in behalf of the Municipality’s governing body in all matters related to State assistance under ECL articles 17,51 and 56 and/or any applicable federal grant provisions. The representative is also authorized to make application, execute the 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: 1. 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; ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 121 2. That one certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation 3. That this resolution shall take effect immediately. Vote: 8-0. RESOLUTION NO. 318 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AN AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) FOR THE PURCHASE OF A BULLDOZER – HIGHWAY DEPARTMENT WHEREAS, the Highway Department has applied for and received notice that funds have been awarded to Schuyler County Highway Department in the amount of $100,000 to assist with the purchase of a Bulldozer, and WHEREAS, this purchase and revenue will be included in the 2008 budget. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with NYSDOT for the funding to purchase this bulldozer, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 319 Motion by Fagan, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR CONFERENCE EXPENSES – COUNTY ADMINISTRATOR WHEREAS, there is a need for additional funds to maintain the County Administrator’s Office, and WHEREAS, there are funds available in the Contingency account no. 1990.500. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $2,500.00 from Contingency account no. 1990.500 to account no. 1230.409-Conference Expenses. Vote: 8-0. RESOLUTION NO. 320 Motion by Fagan, Second by Bingell. RE: AUTHORIZE REQUEST FOR PROPOSALS FOR PROPERTY/CASUALTY INSURANCE – COUNTY ADMINISTRATOR WHEREAS, the County is required to seek Requests for Proposals (RFPs) on their property/casualty insurances every three years. NOW, THEREFORE, BE IT RESOLVED, that the County Administrator is hereby authorized to request proposals for the County’s Property/Casualty Insurance for review and recommendation to the Management and Finance Committee. Vote: 8-0. RESOLUTION NO. 321 Motion by Fagan, Second by Bingell. RE: AUTHORIZE AMENDING THE AGREEMENT WITH VENESKY & COMPANY FOR CONSULTANT SERVICES FOR THE NEW HUMAN SERVICES BUILDING – TREASURER’S OFFICE WHEREAS, there is a need for additional consultant services relative to the new Human Services Building from Venesky & Company who produce the County’s Cost Allocation reports, and WHEREAS, said additional services shall increase the agreement for the year 2007 by $5,000 plus expenses with a total not to exceed $6,500. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an amendment to the agreement with Venesky & Company in the amount not to exceed $6,500 for the year 2007 making the total annual amount $18,500, for additional consultant services for the new Human Services Building, funding available in the 2007 budget account no. 1325.435-Professional Fees and Services to pay for said amendment, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 322 Motion by Fagan, Second by Bingell. RE: RECOGNITION OF OCTOBER 14-20, 2007 AS “DRUG-FREE WORKWEEK” WHEREAS, the U.S. Department of Labor has declared October 14-20, 2007 as National Drug Free Work Week and encourages employers and workers across the nation to participate, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 122 WHEREAS, the purpose of Drug-Free Work Week is to highlight the fact that being drug free is key to protecting workplace safety and health and to encourage workers with alcohol and drug problems to seek help. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes October 14-20, 2007 as Drug-Free Work Week in Schuyler County, and BE IT FURTHER RESOLVED, that all employers and employees throughout Schuyler County are encouraged to participate, and BE IT FURTHER RESOLVED, that all Schuyler County employees are encouraged to taking part in Working Drug-Free Works activities planned by Schuyler County. Vote: 8-0. RESOLUTION NO. 323 Motion by Fagan, Second by Bingell. RE: ADOPT REVISED SCHUYLER COUNTY ADMINISTRATIVE MANUAL – HUMAN RESOURCES WHEREAS, the Human Resources Department has revised the County’s Administrative Manual dated July 10, 2006 with the following changes: Clarification of the process for creating new positions. (Pg. 4-5) Orientation and Exit for Active Employees Process (Pg. 10) Motor Vehicle Records Check Process and forms. (Pg. 10 & 34) The Resolution templates Process and forms. (Pg.12 & 26-27)) Update of “Payroll Checks” Policy to include advanced payment for direct deposit. (Pg.13) Transfer of the JP Chase Policy from the Administrative Manual to the Policies & Procedures Manual, leaving just a reference to same in Administrative Manual. (Pg. 14) The “Request for Transfer of Funds” form and policy. (Pg. 14 & 31) Grant Application Process. (Pg. 14) Reference to the travel request policy and form. (Pg. 14) Clarification of the “Reimbursement for Guest Speakers, Teachers, Etc.” policy. (Pg.14) The “Authorization to Purchase Refreshments” form and amended policy. (Pg. 15 & 32) Updated FOIL relative to electronic requests. (Pg. 15 & 30) Improvements to various forms. (Pg. 17-37) The “Key Request Form” that is to be submitted with pink slips for new employees. (Pg. 20) All forms relative to interns/volunteers. (Pg. 22-25) NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the revised Schuyler County Administrative Manual effective September 10, 2007. Vote: 8-0. RESOLUTION NO. 324 Motion by Fagan, Second by Bingell. RE: AUTHORIZE ESTABLISHMENT OF SICK LEAVE BANK FOR NON-UNION EMPLOYEES WHEREAS, there has been interest among the non-union employees to establish a sick leave bank versus making straight donations on a case-by-case basis, and WHEREAS, the Administrative Council has reviewed and approved of a proposal presented by the Human Resources Department. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the creation of a Sick Leave Bank for non-union employees, effective January 1, 2008. Vote: 8-0. RESOLUTION NO. 325 Motion by Karius, Second by Yuhasz. RE: SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE” – 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 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 123 WHEREAS, the Schuyler County Treasurer is the enforcing officer responsible for carrying out a foreclosure sale. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer has set September 29, 2007 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. Vote: 8-0. RESOLUTION NO. 326 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE AN AGREEMENT WITH WILLIAMS OFFICE MACHINES, INC. FOR TYPEWRITER MAINTENANCE – COUNTY CLERK WHEREAS, the County Clerk needs to enter into a service contract for the maintenance of the typewriter that is located in the County Clerk’s office, and WHEREAS, this contract is for one year in the amount of $93.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an agreement with Williams Office Machines Inc in the amount of $93.00 a year for a term of August 25, 2007 through August 25, 2008, to be funded from account no. 1410.426-Maintenance of Equipment; subject to the approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 327 Motion by Karius, 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 7 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 one-year term commencing August 17, 2007, through July 14, 2008: Democrats Republicans Darlene Bingham Mary Barnes Edythe Jones Mary Clemons Grace Stratton Lisa Orr Madalyn B. Morgan Vote: 8-0. RESOLUTION NO. 328 Motion by Larison, Second by Bingell. RE: ADOPT A SCHUYLER COUNTY CYBER SECURITY CITIZEN’S NOTIFICATION POLICY – INFORMATION TECHNOLOGY WHEREAS, the County is required to adopt this policy pursuant to Chapter 442 of the 2005 Session Laws, and WHEREAS, Chapter 442 of the 2005 Session Laws require the County to adopt an information security breach and notification policy in accordance with said statute. NOW, THEREFORE, BE IT RESOLVED, that the following policy is hereby adopted by Schuyler County: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 124 Schuyler County Cyber Security Citizens’ Notification Policy A. This policy is consistent with the State Technology Law, section 208 as added by Chapters 442 and 491 of the laws of 2005. This policy requires notification to impacted New York residents and non- residents. Schuyler County values the protection of private information of individuals. Schuyler County is required to notify an individual when there has been or is reasonably believed to have been a compromise of the individual’s private information in compliance with the Information Security Breach and Notification Act and this policy. B. Schuyler County, after consulting with Cyber Security and Critical Infrastructure Coordination (CSCIC) to determine the scope of the breach and restoration measures, shall notify an individual when it has been determined that there has been, or is reasonably believed to have been a compromise of private information through unauthorized disclosure. C. A compromise of private information shall mean the unauthorized acquisition of computerized data with private information. D. If data is compromised along with the corresponding key, the data shall be considered and thus fall under the notification requirements. E. Notification may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation. In such case, notification will be delayed only as long as needed to determine that notification no longer compromises any investigation. F. Schuyler County will notify the affected individual. Such notice shall be directly provided to the affected persons by one of the following methods: written notice; electronic notice, provided that the person to whom notice is required has expressly consented to receiving said notice in electronic form and a log of each such notification shall be kept by Schuyler County; telephone notification provided that a log of each such notification is kept by Schuyler County; or Substitute notice, if Schuyler County demonstrates to the state attorney general that the cost of providing notice would exceed two hundred fifty thousand dollars, or that the affected class of subject persons to be notified exceeds five hundred thousand, or Schuyler County does not have sufficient contact information. Substitute notice shall consist of all of the following: o e-mail notice when Schuyler County has an e-mail address for the subject persons; o conspicuous posting of the notice on Schuyler County’s web site page; and o notification to major statewide media. Schuyler County shall notify, CSCIC as to the timing, content and distribution of the notices and approximate number of affected persons. G. Schuyler County shall notify the Attorney General and the Consumer Protection Board, whenever notification to a New York resident is necessary, as to the timing, content and distribution of the notices and approximate number of affected persons. H. Regardless of the method by which notice is provided, such notice shall include contact information for Schuyler County making the notification and a description of the categories of information that were, or are reasonably believed to have been, acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so acquired. I. This Policy also applies to information maintained on behalf of Schuyler County by a third party. J. When more than five thousand New York residents are to be notified at one time, then Schuyler County shall notify the consumer reporting agencies as to the timing, content and distribution of the notices and the approximate number of affected individuals. This notice, however, will be made without delaying notice to the individuals.. Vote: 8-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 125 RESOLUTION NO. 329 Motion by Larison, Second by Bingell. RE: AUTHORIZE A CONTRACT RENEWAL WITH CHEMUNG COUNTY FOR REAL PROPERTY TAX DIRECTOR SERVICES WHEREAS, Resolution No. 415-03 authorized an inter-municipal agreement with Chemung County to share the Schuyler County Real Property Tax Director position, and WHEREAS, Chemung County wishes to renew that Inter-Municipal agreement due to expire September 30, 2007 to share the services of our Real Property Tax Agency (RPTA) Director, and WHEREAS, the terms of the agreement have changed and will no longer run consecutively with the term of the Director, but will run annually on a calendar year, effective October 1, 2007 through September 30, 2008 and the amount will be a straight figure of $15,000 annually. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a renewal of the inter-municipal agreement with Chemung County for shared services of the Schuyler County Real Property Tax Director as set forth above, said agreement to run from October 1, 2007 through September 30, 2008, in the amount of $15,000 annually, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 330 Motion by Larison, Second by Bingell. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR FULL-TIME ASSESSOR POSITION – REAL PROPERTY TAX WHEREAS, Resolution No. 311-06 authorized an Inter-Municipal agreement with the Towns to provide County wide assessing services, and WHEREAS, in order to comply with this arrangement a full-time assessor needs to be appointed. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledge the appointment by Thomas R. Bloodgood, Real Property Tax Director, of Randy Deal as Assessor at an annual salary of $57,300, effective October 1, 2007, said position is in Grade Level G of the Management/Confidential Salary Plan. Vote: 8-0. RESOLUTION NO. 331 Motion by Karius, Second by Bingell. RE: RESOLUTION TO DECLARE A NEGATIVE DECLARATION SEQR FOR AGRICULTURAL DISTRICT #2 WHEREAS, per Resolution No. 244-07 the Schuyler County Legislature assumed lead agency status for Agricultural District #2 to conduct a public hearing on the SEQR process, and WHEREAS, following the preparation of a TYPE 1 SEQR and a public hearing held on September 10, 2007 at 6:25 p.m. the Legislature has received no negative comments on the potential environmental impact of the proposed action. NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature hereby declares a negative declaration of significant environmental impact from the review and proposed modification of Schuyler County Agricultural District Vote: 8-0. RESOLUTION NO. 333 Motion by Karius, Second by Bingell. RE: RESOLUTION TO APPROVE AN APPLICATION FOR CORRECTED TAX ROLL – TOWN OF HECTOR WHEREAS, application has been made in accordance with Real Property Tax Law (RPTL) Section 556 alleging that an incorrect assessment was placed on the 2006 and 2007 tax rolls for parcel 12.00-1-34.111 in the Town of Hector, owned by Nancy Davis, and WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and found that the assessment erroneously included an improvement which was not present on the property, and therefore constitutes an error in essential fact as defined in RPTL Section 550(3)b, and WHEREAS, it is the recommendation of the Director that the application for correction be approved. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the treasurer is hereby authorized to issue a refund to the property owner in the amount of $1,472.94, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 126 BE IT FURTHER RESOLVED, that the treasurer is hereby directed to make the appropriate chargeback to the town. Vote: 8-0. RESOLUTION NO. 333A Motion by Karius, Second by Bingell. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE PURCHASING SPECIALIST – TREASURER’S OFFICE BE IT RESOLVED, that this Legislature acknowledge the appointment by Margaret Starbuck, County Treasurer, of Annette M. Martin as Purchasing Specialist, effective September 17, 2007, to be placed in Grade D of the Management/Confidential Salary Plan at an annual salary of $38,703. Vote: 8-0. RESOLUTION NO. 334 Motion by Fagan, Second by Bingell. RE: ACCEPT/REJECT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED WHEREAS, the County Treasurer took tax deeds to property located in Schuyler County, State of New York, and WHEREAS, the former owner of record or the estate of the former owner of record may submit an Offer to Purchase in the full amount of taxes, penalties, interest and other County expenses involved with the property to the Schuyler County Treasurer prior to the tax sale auction. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to accept the Offer to Purchase, subject to the last-stated condition below, and execute the quitclaim deed and attending documents for the transfer of properties for which the County of Schuyler has taken a tax deed and listed said property in the tax sale auction, upon payment to the Schuyler County Treasurer of the full amount of the purchase offer. The full amount of the purchase offer must be made to the Schuyler County Treasurer prior to the tax sale auction. BE IT FURTHER RESOLVED, that upon acceptance of a bid, and payment in full of the purchase price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof , and BE IT FURTHER RESOLVED, that the Schuyler County Legislature has the right to accept or reject any and all bids. Vote: 8-0. RESOLUTION NO. 335 Motion by Fagan, Second by Bingell. RE: AUTHORIZE THE CREATION AND FILLING OF AN INFORMATION PROCESSING SPECIALIST POSITION – INFORMATION TECHNOLOGY WHEREAS, the Information Technology Director is finding that it would improve productivity by having an Information Processing Specialist position in his office to help by providing clerical and software support to the department, and WHEREAS, the Information Technology Director is requesting to create this position, upon the approval of the County Administrator, and WHEREAS, funding for this position is available in the 2007 Buildings and Grounds budget in account no. 1620.100 and will be budgeted for in 2008 out of the Information Technology Department budget account no. 1680.100. NOW, THEREFORE, BE IT RESOLVED, that the Information Technology Director is hereby authorized to create and fill one Information Processing Specialist position to be less than full-time 20 hours a week, at an hourly rate of $13.22, to be placed in Grade 5, as set for in the CSEA Administrative Unit Contract, effective immediately. Vote: 8-0. RESOLUTION NO. 336 Motion by Fagan, Second by Bingell. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR PERSONAL SECRETARY OF THE LEGISLATURE/AUTHORIZE TRANSFER OF FUNDS – LEGISLATIVE OFFICE WHEREAS, the County Administrator has given permission to the Clerk of the Legislature to fill the ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 127 Personal Secretary of the Legislature position on a temporary basis for up to twelve weeks to help in the office and to help train the new Purchasing Specialist, and WHEREAS, there are no funds available in either the Treasurer’s budget or the Legislative budget for the extra help. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledge the appointment by Stacy B. Husted, Clerk of the Legislature, of Jamee Mack as Personal Secretary of the Legislature at an annual salary of $37,556, to be pro-rated for the twelve weeks, effective September 15, 2007, said position is in Grade Level C of the Management/Confidential Salary Plan, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $10,000 from Contingency account no. 1990.500 into the Legislative account no. 1010.100-Personnel Services. Vote: 8-0. NEW BUSINESS: Attorney Robert Halpin representing the Village of Montour Falls asked that a certain property in the Village be given to the Village on terms acceptable by the County. MOTION by Legislator Bleiler, SECOND by Legislator Karius to discuss the request made by the Village of Montour Falls. Attorney Coleman explained that the village has submitted a request in writing. The County now owns properties for tax foreclosures and the village has made a proposal and is asking the county to discuss it at this meeting. Motion carried eight ayes to zero noes. MOTION by Legislator Bingell to come out of executive session, SECOND by Legislator Yuhasz. Motion carried eight ayes to zero noes. MOTION by Legislator Larison, SECOND by Legislator Bingell to entertain the offer subject to negotiation between the County Attorney the Village of Montour Falls Attorney and the Village Mayor. Motion carried seven ayes to one no. No: Fagan. UNFINISHED BUSINESS: REPORT ON STANDING COMMITTEES: Legislator Bleiler reported on the Human Services Committee. He reported that four years ago, the County recognized that Medicare was helping out residents and covered what Medicaid didn’t cover such things as physicals. So, the County created a managed care program for Medicaid eligible people. They had about 200 sign up. He recognizes the need to push the fact that the public need to be aware and make sure uninsured children are to be placed under managed care to have a family physician to defray emergency room trips for throat cultures and others concerns. If anyone is interested in helping Social Services build and grow this Managed Care program, please let me know. Legislator Marcellus shared a letter received from James Clements at the New York State Department of Transportation (NYSDOT) regarding the Padua Gravel Pit. In his dealing with Mr. McDonough, in his defense he sighted repeatedly that there was no traffic change. The NYSDOT in studying the traffic and they say there will be change. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn said he will be introducing a Resolution at the Public Works committee this month asking that the State Legislature allow for the sharing of the Weights and Measures Director. Steuben County has passed a similar Resolution. It is the intention of both counties to amend the law. In talking with Steuben County, it is not likely that this sharing proposal will expand into Yates County. He will continue to look at the possible savings of sharing the position and will be looking at the civil service list and may start interviewing for that position. He has budgeted the same amount for 2008 as was in the budget for 2007. He feels there might be some savings if more counties are brought on board. If the position is filled part-time, they can still join in the multi-county discussions. He will keep the Legislature informed and updated on the situation. Legislator Fagan thought it would be a good topic to raise with Senator Winner this Wednesday evening while he is in town. O’Hearn said that would be a good idea, however he feels there is so much pressure on the Governor’s Efficiency Task Force, that it should happen soon. He knows there is already action underway to change the law. O’Hearn also reported that the Local Update of Census Addresses (LUCA) initiative for the 2010 census needs a lead agent to inform the towns and the villages of the process. His Confidential Secretary, ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 128 Peggy Tomassi, will be working on the project for the County. It is simply sharing information and collecting data. He has a form for the Chairman of the Legislature to sign that states that the County is the lead and will coordinate the information to the towns and villages. PUBLIC PARTICIPATION: Mr. Ed Solomon, former owner of the Montour House in Montour Falls, asked if the board had rejected the purchase offer he placed on Friday tonight. Chairman Gifford and Attorney Coleman explained that they have not rejected or accepted any offer. Attorney Coleman stated that they need to negotiate the village proposal first and the offer is an offer from you, as the former owner. Mr. Solomon stated that he has paid all back taxes to the county of Schuyler and hopes they will see their way clear. He said there is a development plan in place with Mr. Gould who has made a presentation at SCOPED and the Village of Montour Falls. Some people might convince you that he does not have the ability to develop the property. That can be demonstrated. The Meeting adjourned at 7:21 p.m. Stacy B. Husted, Clerk SPECIAL MEETING SEPTEMBER 18, 2007 The September 18, 2007 Special Meeting of the Schuyler County Legislature was called to order at 11:00 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Marcellus 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. RESOLUTION NO. 337 Motion by Yuhasz, Second by Marcellus. 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 THE VILLAGE OF MONTOUR FALLS OFFER TO ACQUIRE REAL PROPERTY Vote: 7-0. RESOLUTION NO. 338 Motion by Bleiler, Second by Marcellus. RE: ACCEPT THE VILLAGE OF MONTOUR FALLS OFFER TO ACQUIRE REAL PROPERTY WHEREAS, the County took title to 401 West Main Street, Montour Falls, N.Y. (commonly known as The Montour House) pursuant to tax foreclosure proceedings in accordance with Article 11 of the NYS Real Property Tax Law, and WHEREAS, the Village of Montour Falls has made a formal offer to acquire the premises for municipal purposes as stated in said offer, a copy of which is appended hereto, and WHEREAS, the Schuyler County Legislature has been considering offers by the Village and the former owner concurrently, and said Village offer having been initially received on September 10, 2007 and in the process of discussion since that time, and WHEREAS, after due deliberation and consideration of the alternatives, this Legislature finds that conveyance to the Village of Montour Falls is the course of action most likely to facilitate redevelopment and restoration of an historical landmark and further finds that the public interest is best and most responsibly served by this course of action. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the offer of the Village of Montour Falls dated September 17, 2007 and agrees to transfer title to subject premises within three business days of the Village of Montour Falls Public Hearing on October 3, 2007 regarding acquisition of the premises, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature is authorized to execute the acceptance of the Village offer immediately and that the Schuyler County Attorney prepare the appropriate conveyancing documents in due course thereafter, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 129 BE IT FURTHER RESOLVED, that the Purchase Offer tended by the former owner be and hereby is rejected and the Schuyler County Treasurer is directed to refund the consideration therefor to the former owner forthwith. DISCUSSION: Legislator Bleiler asked Attorney Coleman if they go into executive session if they want to discuss the details of the purchase offer. Attorney Coleman said it is a public document now. Legislator Bleiler explained that the price is not in the Resoluiton. The Clerk then made copies of the purchase offer for the Legislature. MOTION by Legislator Bleiler, SECOND by Legislator Fagan to go into executive session to discuss the negotiations of the offer price. Motion carried seven ayes to zero noes. MOTION by Legislator Yuhasz, SECOND by Legislator Fagan to come out of executive session. Motion carried seven ayes to zero noes. Administrator O’Hearn reported that the Industrial Development Agency (IDA) did have a special meeting yesterday to offer a good faith settlement to the former owner of the Montour House, Mr. Edward Solomon. Unfortunately it was rejected by Mr. Solomon. The Village of Montour Falls has elected to proceed with their offer and the two attorneys have drafted an agreement you have in front of you. Legislator Bleiler commend the Administrator and the agencies involved that tried to bring this to a positive solution. Vote: 6-1. No: Fagan. PUBLIC PARTICIPATION: None. The Meeting adjourned at 11:41 Stacy B. Husted, Clerk REGULAR MEETING OCTOBER 9, 2007 The October 9, 2007 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: Ms. Susan Brill said she is concerned about the proposal to issue a security waiver to all county employees. She realizes there would be a background check. County Administrator O’Hearn explained that the Legislature decided to have the Watkins Glen building and Human Services Complex building on Owego Street have the same security measures. Ms. Brill said she is concerned about setting a bad example, when the public sees employees going through security without being checked. What happened fifteen years ago in this building could happen again. RESOLUTION NO. 339 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE SEPTEMBER 10, 2007 PUBLIC HEARING, SEPTEMBER 10, 2007 REGULAR MEETING AND THE SEPTEMBER 18, 2007 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the September 10, 2007 Public Hearing, September 10, 2007 Regular Meeting and the September 18, 2007 Special Meeting of the Schuyler County Legislature be approved. Vote: 8-0. RESOLUTION NO. 340 Motion by Larison, Second by Bingell. RE: AUTHORIZE AMENDING THE 2007 BUDGET FOR HECTOR PATROL – SHERIFF’S OFFICE WHEREAS, additional funding is available from the National Forest Service in the amount of $2,000.00 for the contract for law enforcement services in the Finger Lakes National Forest, and WHEREAS, the Sheriff’s Office has depleted the current funding for this year. NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2007 Schuyler County Sheriff budget as follows: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 130 AMOUNT ACCOUNT NO. DESCRIPTION +$2,000.00 3112.102 Personnel Services +$2,000.00 3112-4080 Revenue Vote: 8-0. RESOLUTION NO. 341 Motion by Larison, Second by Bingell. RE: AUTHORIZE AMENDING THE 2007 BUDGET FOR THE BIOTERRORISM AGREEMENT WITH PUBLIC HEALTH – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Public Health Department 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 Department has allocated $5,000 from Bio-terrorism grant funding for this agreement, and WHEREAS, this funding was not included in the 2007 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2007 Emergency Management Budget as follows: AMOUNT ACCOUNT DESCRIPTION +$5,000 3689.438 Supplies +$5,000 3689-4389 Other Public Safety Aid Vote: 8-0. RESOLUTION NO. 342 Motion by Larison, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR STATE HOMELAND SECURITY PROGRAM – EMERGENCY MANAGEMENT & LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM – SHERIFF 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 in the amount of $49,500 under the State Homeland Security Program, and WHEREAS, the Sheriff wishes to also apply for funds in the amount of $36,000 under the Law Enforcement Terrorism Prevention Program, and WHEREAS, these funds are 100% with no local match. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the State Homeland Security Program and Law Enforcement Terrorism Prevention Program Grants; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 343 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE LOW BAND BASE STATION FOR FIRE SERVICES– EMERGENCY MANAGEMENT WHEREAS, the Fire base is twenty three years old and has failed, WHEREAS, the Fire base is not able to be repaired due to being obsolete, and WHEREAS, the Fire base is crucial to the safety and operations of the Fire Service in Schuyler County, and WHEREAS, the Emergency Management Office recommends emergency replacement of the current Low Band Base with a Daniels Electronics 100 Watt Low Band Base Station at a cost of $35,015.00, and WHEREAS, there are funds available in the E-911 reserve account to transfer for this purchase. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $35,015.00 from account no. A883, E-911 Reserve to account no. 3020.0200-Equipment for the purchase of the Low Band Base Radio. Vote: 8-0. RESOLUTION NO. 344 Motion by Bingell, Second by Larison. RE: REQUEST THAT THE NEW YORK STATE LEGISLATURE AND GOVERNOR ENACT LEGISLATION TO ALLOW COUNTIES TO ENTER INTO SHARED SERVICE AGREEMENTS FOR WEIGHTS & MEASURES SERVICES ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 131 WHEREAS, the New York State Agriculture and Markets Law requires the Sealer of Weights and Measures to be a resident of the County in which the services are provided, and WHEREAS, it is desirable to enable Counties to enter into shared services agreements to provide Weights and Measures services to improve the efficiency and effectiveness of local services, and WHEREAS, Schuyler, Steuben and Yates Counties have been exploring possible shared services agreements for provision of Weights and Measures services, and WHEREAS, the current law would prohibit such agreements. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature requests the Agriculture and Markets Law be amended to provide an exception to the residency requirement for those Counties participating in Inter Governmental Municipal Shared Services agreements provided the Sealer is a resident of one of the participating counties, and BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to Governor Spitzer; the Commission on Local Government Efficiency and Competitiveness, Senate Majority Leader Joseph L. Bruno, Speaker of the Assembly Sheldon Silver, Senator George H. Winner, Jr., Thomas F. O’Mara, New York State Association of Counties, Inter-County Association of Western New York, Steuben County Legislature and Yates County Legislature. Vote: 8-0. RESOLUTION NO. 345 Motion by Bingell, Second by Larison. RE: AUTHORIZE CHANGE ORDER NUMBER ONE WITH J&B INSTALLATIONS, INC. - BUILDINGS AND GROUNDS WHEREAS, Resolution No. 216-07 authorized a contract with J&B Installations, Inc., to replace roofs on three county buildings for a total contract price of $296,000, and WHEREAS, the county is in receipt of the contractors proposal for various changes to the Highway Department and Jail’s roof, and WHEREAS, the Public Works Committee has reviewed the referenced change and recommends authorization thereof as follows: Original Contract Amount $296,000.00 Net Change by Previously Authorized Change Orders $0 Total Contract Amount Prior to this Change Order $296,00.00 Amount Contract will Increase by this Change Order $12,379.10 New Total Contract Amount $308,379.10, and BE IT FURTHER RESOLVED, that funding is available in Capital Reserve account no. 004-1620-209, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign Change Order #1 proposal at a cost of $12,379.10 with J&B Installations, Inc., subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 346 Motion by Bingell, Second by Larison. RE: AUTHORIZE LEASE AGREEMENTS WITH THE YOUTH BUREAU, HEAD START AND OFFICE FOR THE AGING - BUILDINGS AND GROUNDS – AS AMENDED BY RESOLUTION NO. 414-07 WHEREAS, the Schuyler County Youth Bureau, Office for the Aging and Head Start (kitchen area) are interested in leasing space at the new Human Services Complex on an annual basis for the year 2008, and WHEREAS, the annual lease costs will be as follows: PREVIOUS CURRENT Youth Bureau (Decreased) $6,309 $ 6,245 Head Start Kitchen (New) $ 2,700 Office for the Aging (New) $35,720. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 132 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned lease agreements in the above amounts for a term of January 1, 2008 through December 31, 2008, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the lease agreement with Head Start shall be effective November 1, 2007 through June 30, 2008 and from September 1, 2008 to December 31, 2008, to then run January to June and September to December on a calendar year. Vote: 8-0. RESOLUTION NO. 347 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE MAINTENANCE AGREEMENT RENEWAL WITH EMERGENCY POWER SYSTEMS, INC. – BUILDINGS AND GROUNDS WHEREAS, Schuyler County has three generators, one at Terry Hill, one at the Dispatch Center and one at the County Highway Department and this equipment needs to be maintained for the safety of the citizens of the county, and WHEREAS, funding for the generator maintenance is as follows: ACCOUNT NO. DESCRIPTION PREVIOUS CURRENT 5131.457 Shared Fuel Facility $510.00 $535.00 3689.435 Terry Hill Tower $510.00 $535.00 1620.400 911 Center $575.00 $625.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a maintenance agreement with Emergency Powers Systems, Inc. to provide maintenance and service for three generators, for the period of January 1, 2008 to December 31, 2008, at a total cost of $1,695.00; subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 348 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS FOR THE LEASE HOLD IMPROVEMENT EXPENSES FOR THE NEW HUMAN SERVICES BUILDING – BUILDINGS AND GROUNDS – AS AMENDED BY RESOLUTION NO. 398-07 WHEREAS, the Buildings and Grounds account no. 1620.400 was funded in the 2006 budget year with an amount sufficient to pay the lease hold improvement expenses due on the Schuyler County Human Services Complex, and WHEREAS, account no. 1620.400 funding was used in the down payment of the property purchased for the Schuyler County Human Services Complex as well as some additional purchases. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the amount of $225,000 from the Buildings Capital Reserve account no. 004.1620.209 to Building and Grounds account no. 1620.400 to have funding available to pay the Schuyler County Human Services Complex lease hold improvement expenses. Vote: 8-0. RESOLUTION NO. 349 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR ONE USED EXCAVATOR/AUTHORIZE INTER-MUNICIPAL AGREEMENT WITH TOWN OF HECTOR – HIGHWAY DEPARTMENT WHEREAS, the Highway Department is in need of a used excavator, and WHEREAS, advertisement for bids of same where made and opened at the bid opening on September 25, 2007, and WHEREAS, it is the Schuyler County Highway Superintendent’s recommendation to accept the bid from S. C. Hansens for a used 2002 Case 160 Track Excavator in the amount of $86,160, and WHEREAS, the Town of Hector is interested in sharing said piece of equipment and willing to commit $19,160 towards the purchase. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the bid from S. C. Hansens and that all other bids received are hereby rejected, with a note of appreciation for their participation, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 133 BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract with the Town of Hector for the use of the Excavator in the amount of $19,160; remaining funding available from the 2007 Machinery budget in the amount of $17,000 and from a Shared Services Grant in the amount of $50,000; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that said excavator is to be shared with all towns, per the Inter- Municipal Sharing Agreement between the County and the Towns. RESOLUTION NO. 350 Motion by Bingell, Second by Yuhasz. RE: ACCEPT PROPOSAL FROM DICKS ENTERPRISES FOR DEER CARCASS REMOVAL - HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agreed to ask for quotes for the removal/disposal of deer carcasses, and WHEREAS, one quote was returned and opened at the Highway Department on September 12, 2007 at a price of $28.00 each for the removal and lawful disposal of road-killed deer from County Roads. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following quote: Richard H. Simonsen/Dicks Enterprises 7930 40 Dollar Road Campbell, NY 14821, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be and hereby is, authorized to sign an agreement with Dicks Enterprises effective January 1, 2008 through December 31, 2011; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 351 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AMENDING THE 2007 COUNTY ROAD FUND BUDGET – HIGHWAY DEPARTMENT WHEREAS, the CHIPs program for 2007 was increased by the passing of the State Budget, and WHEREAS, the Stillwell Road Bridge reconstruction project came in over budget, and WHEREAS, this is 80% Federally funded and 15% State funded, and WHEREAS, there is excess funds in account no. 5120.570 to cover the 5% local share. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2007 County Road Fund budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION 30,625.52 5112.595 Permanent Improvements +$286,779.35 5120.583 Stillwell Road Bridge 30,625.52 0002.3501 Consolidated Highway Aid Revenue +$241,498.40 0002.4597 Federal Aid-Other Revenue 45,280.95 0002.3589 State Aid-Other Revenue Vote: 8-0. RESOLUTION NO. 352 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR ONE HYDROSEEDER – HIGHWAY DEPARTMENT WHEREAS, the Highway Department is in need of a Hydroseeder, and WHEREAS, advertisement for bids of same where made and opened at the bid opening on September 12, 2007, and WHEREAS, the low Bidder, Bob Cat of Buffalo, did not meet the bid specifications and has withdrawn their low bid amount of $30,342.00. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Schuyler County Highway Superintendent, the Schuyler County Legislature accept the second lowest bid from Finn Corporation for a Hydroseeder in the amount of $38,895.00; funds encumbered from the 2006 budget account number 5130.299, and BE IT FURTHER RESOLVED, that all other bids received are hereby rejected, with a note of appreciation for their participation. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 134 Vote: 8-0. RESOLUTION NO. 353 Motion by Bingell, Second by Bleiler. RE: RESOLUTION IN SUPPORT OF DEVELOPING AN ALTERNATE SOLUTION TO REMOVE THE BAN ON HEAVY TRUCK TRAFFIC ON CORNING HILL – STATE ROUTE 414 WHEREAS, Resolution No. 361 of 1987 supported the banning of heavy truck traffic on Corning Hill, State Route 414, and WHEREAS, the New York State Department of Transportation then placed a weight restriction on Corning Hill, Route 414 to ban heavy truck traffic on this route into the Village of Watkins Glen, and WHEREAS, the affected communities and business persons therein are in support of removing this barrier to economic development. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports and requests the development and implementation of an alternate solution which would result in the removal of the current restriction while maintaining a sufficient level of protection and safety to the residents of Schuyler County, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby directed to forward certified copies of this resolution to Governor Spitzer, Senator George H. Winner Jr., Thomas F. O’Mara, and the New York State Department of Transportation Commissioner. Vote: 8-0. RESOLUTION NO. 354 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE MUNICIPAL AGREEMENT FOR LAMOKA/WANETA LAKES ONSITE WASTEWATER TREATMENT IMPROVEMENT PROGRAM - PUBLIC HEALTH 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”) authorizes State assistance to municipalities for water quality improvement projects 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, that the Chairman of the Legislature is hereby authorized to be the representative authorized to act on behalf of the Municipality’s governing body in all matters related to State assistance under ECL Articles 17, 51 and 56 and/or any applicable federal grant provisions. The representative is also authorized to make application, execute the 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 BE IT FURTHER RESOLVED, 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 Conservation, and BE IT FURTHER RESOLVED, that one certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Conservation, and BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately. Vote: 8-0. RESOLUTION NO. 355 Motion by Bleiler, Second by Bingell. RE: RECOGNIZE NOVEMBER 2007 AS NATIONAL DIABETES MONTH - PUBLIC HEALTH WHEREAS, more than 18 million Americans have diabetes and another 41 million Americans are at risk of developing diabetes, and WHEREAS, the key to early diagnosis and treatment, as well as prevention of diabetes and its complications, is awareness and education, and WHEREAS, diabetes is the fifth-leading cause of death by disease in the United States, and WHEREAS, the of diabetes include frequent urination, excessive thirst, extreme hunger, unusual weight loss, increased fatigue, irritability and blurry vision. NOW, THEREFORE, BE IT RESOLVED, that this Legislature recognizes November 2007 as National Diabetes Month and encourages all residents to be aware of the of diabetes. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 135 Vote: 8-0. RESOLUTION NO. 356 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH HEALTH RESEARCH, INC. AND ESTABLISH THE 2007 - 2008 BIOTERRORISM GRANT - PUBLIC HEALTH WHEREAS, Schuyler County’s annual bioterrorism grant will be $64,465 for the period August 31, 2007 through August 8, 2008, and WHEREAS, Health Research, Inc. will administer the grant on behalf of the New York State Department of Health for the period August 31, 2007 through August 8, 2008. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2007 - 2008 Bioterrorism Grant Budget, 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: 8-0. RESOLUTION NO. 357 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE AMENDING THE 2007 BUDGET FOR THE PURCHASE OF VEHICLES WITH FEDERAL SALARY SHARING FUNDS - COMMUNITY SERVICES WHEREAS, the Schuyler County Mental Health Clinic wishes to replace two motor vehicles which have been removed from services, and WHEREAS, Federal Salary Sharing funds are available to purchase replacement vehicles at no local cost. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2007 Mental Health Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$20,000 4310.204 Equipment - Cars +$20,000 4310.4490-4316 Federal Salary Sharing Revenue Vote: 8-0. RESOLUTION NO. 358 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE AMENDING THE 2007 BUDGET FOR ADDITIONAL STATE AID – COMMUNITY SERVICES WHEREAS, the Schuyler County Mental Health Clinic receives funding form the New York State Office of Mental Health in the form of state aid, and WHEREAS, the Office of Mental Health has issued a revised State Aid Letter increasing the amount of that funding. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2007 Community Services Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$25,779 4310.435 Professional Fees +$25,779 4310-3490 State Aid – Mental Health Vote: 8-0. RESOLUTION NO. 359 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CERTIFICATION OF THE 2006 COST ALLOCATION PLAN – SOCIAL SERVICES BE IT RESOLVED, that the Schuyler County Legislature hereby accept the 2006 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: 8-0. RESOLUTION NO. 360 Motion by Bleiler, Second by Bingell. RE: RESOLUTION SUPPORTING UNIVERSAL ACCESS TO COMPREHENSIVE, AFFORDABLE, HIGH-QUALITY HEALTH CARE THROUGH A SINGLE PAYER FINANCING MECHANISM FOR ALL AMERICANS - AN EXPANDED MEDICARE FOR ALL IN NEW YORK STATE AND THE NATION ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 136 WHEREAS, the Institute of Medicine identifies universal health care coverage as the first principle for ensuring the health of all Americans and called on the federal government to reach this goal by 2010, and WHEREAS, the “advanced medical home” advocated by the American College of Physicians cannot succeed in a system dominated by private insurance companies, and WHEREAS, on July 30, 1965 Congress passed the first Medicare bill despite numerous warnings about the “dangers of socialized medicine”, and opposition by the AMA, Medicare has become one of the most popular and successful Federal programs ensuring access to healthcare and dignity for this country’s senior citizens, and WHEREAS, the Board of Governors of the New York chapter of the American College of Physicians expresses its support for universal access to comprehensive, affordable, high-quality health care through a single-payer financing mechanism, i.e., for an expanded Medicare for All of New York State and in the Nation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports universal access to comprehensive affordable high-quality health care through a single-payer financing mechanism, i.e., for an expanded Medicare for all in New York State and in the Nation, and BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature shall forward copies of this resolution to President George W. Bush, Governor Eliot Spitzer, Comptroller Thomas P. DiNapoli, United States Senators Hillary Rodham Clinton and Charles Schumer, United States Congressman John R. Kuhl, Jr., Senate Majority Leader Joseph Bruno, Senate Minority Leader Malcom A. Smith, New York State Senator John J. Bonacic, Assembly Speaker Sheldon Silver, Assembly Majority Leader Paul A. Tokasz, Assembly Minority Leader James N. Tedisco, Senator George H. Winner, Jr., Thomas F. O’Mara, the New York State Association of Counties, and Inter-County Association of Western New York. Vote: 8-0. RESOLUTION NO. 361 Motion by Bleiler, Second by Bingell RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 2007 SETTING THE SALARY FOR THE CHAIRMAN OF THE LEGISLATURE FOR THE YEAR 2008 WHEREAS, County Law Sections 200 and 201 permit and require the Legislature to set the salaries of all officials paid from County funds. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4 of the year 2007, in the form hereto annexed be, and hereby is, introduced 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 13, 2007 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 2007 A Local Law Setting the Salary for the Chairman of the Legislature for the Year 2008. Section 1. LEGISLATIVE INTENT This Local Law in enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salary for the Chairman of the Legislature for the Year 2008. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal year 2008 the annual salary for the Chairman of the Legislature is hereby established, to wit: TITLE 2008 SALARY Chairman of the Legislature $5,155 Effective with the first County payroll for each fiscal year the annual salary of the following official shall be adjusted by the Consumer Price Index (CPI). The CPI to be used for this adjustment will be the New York Area of the Urban Wage Earners and Clerical Workers (CPI-W) Group. The adjustment will be made annually based on the CPI from the July Bureau of Labor Statistics data report. Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. Vote: 8-0. RESOLUTION NO. 362 Motion by Bleiler, Second by Bingell. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 137 RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 2007 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2008 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. 5 of the year 2007 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 13, 2007 at 7:05 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2007 A Local Law Setting Salaries for Certain Public Officers for the Year 2008. 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, 2008. 2. The following public officers are subject to the provisions hereof: County Administrator $97,000 Highway Superintendent $60,761 Deputy County Clerk $36,722 Deputy Highway Superintendent $49,026 Chief Asst. District Attorney $69,989 Real Property Tax Director $55,695 Asst. District Attorney $46,349 Undersheriff $51,875 Comm. Of Social Services $67,982 Personnel Officer $47,004 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. 363 Motion by Bleiler, Second by Bingell. RE: ADOPT SCHUYLER COUNTY BLOODBORNE PATHOGENS AND EXPOSURE CONTROL PLAN WHEREAS, the Safety Committee has developed and approved a Bloodborne Pathogens and Exposure Control Plan for Schuyler County in accordance with OSHA standard 29 CFR 1910.1030. NOW, THEREFORE, BE IT RESOLVED, that this Legislature approve of the Schuyler County Bloodborne Pathogens and Exposure Control Plan for Schuyler County effective immediately, and BE IT FURTHER RESOLVED, that the Human Resources Department be directed to provide copies of this Plan to all county employees. Vote: 8-0. RESOLUTION NO. 364 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE INTERMUNICIPAL AGREEMENT WITH THE TOWNS AND VILLAGES FOR PARTICIPATION IN THE COUNTY’S HEALTH INSURANCE PLAN WHEREAS, in an effort to share services, the county offers the towns and villages in the county the opportunity to join the county’s health insurance plan, and WHEREAS, an intermunicipal agreement needs to be in place to ensure the equitable treatment of all parties. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an intermunicipal agreement with any town or village electing to participate in the county’s health insurance plan; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 365 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE CONTRACTS AND VARIOUS PURCHASES FOR COUNTY-WIDE DATA INFRASTRUCTURE PROJECT – INFORMATION TECHNOLOGY WHEREAS, the county building consolidation project is near completion with fiber optic connections between all remaining facilities, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 138 WHEREAS, the county data servers in use are inadequate as well as fragmented with little or no connectivity, and WHEREAS, the new fiber backbone allows for a county wide consolidated data infrastructure which will alleviate system failures through a redundant server system, and WHEREAS, Resolution No. 89-07 authorized an agreement with Extradev for Microsoft Design Services to facilitate the consolidation and centralization of Schuyler County servers, and WHEREAS, the companies Tri-Delta and Extradev can provide services through New York State Office of General Services contracts and products equal to or lower than New York State Office of General Services costs to program and install servers. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into contracts with Tri-Delta and Extradev for services and products, in an amount not to exceed $247,000, subject to the approval of the County Attorney, and BE IT FURTHER RESOLVED, that an amount not to exceed $247,000 is to be expended on contracts and New York State Office of General Services purchases, and BE IT FURTHER RESOLVED, that $100,000 of the funding is available in account no. 1680.200 and account no. 1680.400 with the remaining funding in the amount of $147,000 being available in the Capital Reserve account no. 004-1620-209. Vote: 8-0. RESOLUTION NO. 366 Motion by Karius, Second by Yuhasz. RE: CONVEY THE FORMER WILLIAM F. AND BARBARA E. CHURCH PROPERTY TO THE VILLAGE OF MONTOUR FALLS WHEREAS, the County commenced a proceeding concerning 228 Clinton Street, Montour Falls, N.Y. in accordance with Article 11 of the NYS Real Property Tax Law, and WHEREAS, the Village of Montour Falls entered an Answer to the proceeding asserting their claim for municipal tax liens, and WHEREAS, the property was in an unsafe condition, with numerous code violations, and was unlikely to be sold due to the cost of bringing the premises to code, and WHEREAS, the County and the Village, by counsel, entered into a Stipulation whereby the County agrees to convey title to the Village so that they can demolish or otherwise make the structure safe, and WHEREAS, after due deliberation and consideration of the alternatives, this Legislature finds that conveyance to the Village of Montour Falls is appropriate and in the public interest of the Village and the County, NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to transfer title to the subject property, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature is authorized to execute the acceptance of the Village offer immediately and that the Schuyler County Attorney prepare the appropriate conveyancing documents in due course thereafter. Vote: 8-0. RESOLUTION NO. 367 Motion by Larison, Second by Yuhasz. RE: ACCEPT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED – AS AMENDED BY RESOLUTION NO. 413-07 WHEREAS, the County Treasurer took tax deeds to the following property located in Schuyler County, State of New York, and WHEREAS, the former owners of record or the estate of the former owners of record below submitted an Offer to Purchase in the full amount of taxes, penalties, interest and other County expenses involved with the property prior to the tax sale auction. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to accept the Offer to Purchase and execute the quitclaim deed and attending documents for the transfer of the below listed properties, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 139 BE IT FURTHER RESOLVED, that the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof. TOWN TAX MAP # FORMER OWNER OF RECORD Dix 84.-1-10 John C. Albee Hector 54.07-1-9 George E. Parker Hector 8.-1-2.112 Robert Johnson and Nikki Irwin 8.-1-2.114 Tyrone 49.-1-39.2 Terry Sanford Vote: 8-0. RESOLUTION NO. 368 Motion by Larison, Second by Yuhasz. RE: ACCEPT/REJECT 2007 TAX AUCTION BIDS 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 29, 2007. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts the following bids to wit: BIDDER’S NAME: Michael J. Allen BIDDER’ ADDRESS: 8279 Lower Lake Road Lodi, NY 14860 AMOUNT OF BID: $400.00 FORMER OWNER: County of Schuyler TAX MAP 87.16-2-13.1 LOCATION: Catharine BIDDER’S NAME: Cathleen A. Roach BIDDER’ ADDRESS: 655 McDuffy Hollow Road VanEtten, NY 14889 AMOUNT OF BID: $1,000.00 FORMER OWNER: Beach TAX MAP 116.-1-19 LOCATION: Cayuta BIDDER’S NAME: Diane Yeoman BIDDER’ ADDRESS: 3916 County Road 25 Dundee, NY 14837 AMOUNT OF BID: $2,750.00 FORMER OWNER: Groom TAX MAP 104.13-1-31 LOCATION: Dix BIDDER’S NAME: Jeff Pastore BIDDER’ ADDRESS: 200 12th Street Watkins Glen, NY 14891 AMOUNT OF BID: $4,400.00 FORMER OWNER: Price TAX MAP 63.-3-20 LOCATION: Dix BIDDER’S NAME: John F. Young, Susan M. Barnett, James R. Young, Julie R. Young BIDDER’ ADDRESS: 410 Triphammer Road ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 140 Ithaca, NY 14850 AMOUNT OF BID: $5,300.00 FORMER OWNER: Tomberelli TAX MAP 5.-1-22.143 LOCATION: Hector BIDDER’S NAME: Jason Santobianco BIDDER’ ADDRESS: 15 Cottage Drive Elmira, NY 14903 AMOUNT OF BID: $2,250.00 FORMER OWNER: County of Schuyler TAX MAP 44.19-1-12 LOCATION: Hector BIDDER’S NAME: James M.Englert BIDDER’ ADDRESS: 8896 Wixson Road Hammondsport, NY 14840 AMOUNT OF BID: $5,750.00 FORMER OWNER: Rogers TAX MAP 92.17-1-9 LOCATION: Orange BIDDER’S NAME: Raymond Blanchard, Jr. and Walter R. Schirrich BIDDER’ ADDRESS: 121 Holiday Drive Horseheads, NY 14845 AMOUNT OF BID: $48,000.00 FORMER OWNER: Parsons TAX MAP 30.-1-16 LOCATION: Tyrone, 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: 8-0. RESOLUTION NO. 369 Motion by Larison, Second by Yuhasz. RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, EXTENDING THE ADDITIONAL RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND OF CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS AND AMUSEMENT CHARGES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK AND EXEMPTING CERTAIN RESIDENTIAL ENERGY SOURCES AND SERVICES FROM SUCH ADDITIONAL RATE OF TAX Be it enacted by the Legislature of the county of Schuyler, as follows: SECTION 1. The first sentence of section two of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: SECTION 2. Imposition of sales tax. On and after March 1, 1968, there is hereby imposed and there shall be paid a tax of three percent upon, and for the period commencing March 1, 2000, and ending November 30, 2009, there is hereby imposed and there shall be paid an additional tax of one percent upon: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 141 SECTION 2. Subdivision of section three of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: With respect to the additional tax of one percent imposed for the period commencing March 1, 2000, and ending November 30, 2009, the provisions of subdivisions and of this section apply, except that for the purposes of this subdivision, all references in said subdivisions and to an effective date shall be read as referring to March 1, 2000, all references in said subdivision to the date four months prior to the effective date shall be read as referring to November 1, 1999, and the reference in subdivision to the date immediately preceding the effective date shall be read as referring to February 29, 2000. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to March 1, 2000, any transaction which may not be subject to the additional tax imposed effective on that date. SECTION 3. Section four of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: SECTION 4. Imposition of compensating use tax. Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after March 1, 2000, except as otherwise exempted under this enactment, of any tangible personal property purchased at retail, of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii) if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the real property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, of any of the services described in paragraphs and of subdivision of section two, of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs and of subdivision of section two have been performed, of any telephone answering service described in subdivision of section two and of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of business, of any prepaid telephone calling service, and of any gas or electricity described in subdivision of section two of this enactment. For purposes of clause of subdivision of this section, for the period commencing March 1, 2000, and ending November 30, 2009, the tax shall be at the rate of four percent, and on and after December 1, 2009, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale. For purposes of subclause of clause of subdivision of this section, for the period commencing March 1, 2000, and ending November 30, 2009, the tax shall be at the rate of four percent, and on and after December 1, 2009, the tax shall be at the rate of three percent, of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him; provided, however, that if the user uses such an item itself on its own premises (not including making a gift of such tangible personal property), solely in the conduct of the user’s own business operations, and the item retains its characteristic as tangible personal property when so used, the tax shall be at the rate, and on the consideration, described in subdivision of this section. For purposes of subclause (ii) of clause of subdivision of this section, for the period commencing March 1, 2000, and ending November 30, 2009, the tax shall be at the rate of four percent, and on and after December 1, 2009, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 142 property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision of section one. Notwithstanding the foregoing provisions of this section, for purposes of clause of subdivision of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. For purposes of clauses and of subdivision of this section, for the period commencing March 1, 2000, and ending November 30, 2009, the tax shall be at the rate of four percent, and on and after December 1, 2009, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision of section one. For purposes of clause of subdivision of this section, for the period commencing March 1, 2000, and ending November 30, 2009, the tax shall be at the rate of four percent, and on and after December 1, 2009, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause by its author or other creator shall not be deemed a taxable use by such person. For purposes of clause of subdivision of this section, for the period commencing March 1, 2000, and ending November 30, 2009, the tax shall be at the rate of four percent, and on and after December 1, 2009, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the service and also including any charges for shipping and delivery of the property so transferred as such charges are described in paragraph three of subdivision of section one; provided that, if the user offers like services for sale in the regular course of business, the tax shall be at the rate of three percent of the price at which the user offers such like services for sale. For purposes of clause of subdivision of this section, for the period commencing June 1, 2000, and ending November 30, 2009, the tax shall be at the rate of four percent, and on and after December 1, 2009, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for, or for the use of, the gas or electricity, including the consideration for any tangible personal property transferred in conjunction with the performance thereof, and including any charges described in paragraph three of subdivision of section one of this enactment. SECTION 4. Subdivision of section six of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: Exemption of certain energy sources and related services from additional one percent rate of tax. Notwithstanding any inconsistent provision of this resolution, receipts from the retail sale or use of fuel oil and coal used for residential purposes; the receipts from the retail sale or use of wood used for residential heating purposes; and the receipts from every sale, other than for resale, or use of propane (except when sold in containers of less than one hundred pounds), natural gas, electricity, steam and gas, electric and steam services used for residential purposes shall be exempt from the additional one percent rate of sales and compensating use taxes imposed by sections 2 and 4, respectively, of this resolution for the period commencing March 1, 2000, and ending November 30, 2009. SECTION 5. Paragraph of subdivision of section 11 of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 143 With respect to the additional tax of one percent imposed for the period beginning March 1, 2000, and ending November 30, 2009, in respect to the use of property used by the purchaser in this County prior to March 1, 2000. SECTION 6. Subdivision of section fourteen of Resolution No. 140 as enacted in November 27, 1967, as amended, is added to read as follows: Net collections attributable to the additional one percent rate of sales and compensating use taxes imposed for the period beginning March 1, 2000, and ending November 30, 2009, are set aside for County purposes and shall be available for any County purpose. SECTION 7. This enactment shall take effect December 1, 2007. Vote: 8-0. RESOLUTION NO. 370 Motion by Bleiler, Second by Larison. RE: AUTHORIZE GRANT ACCEPTANCE AND RENEWAL FOR A PARTNERSHIP FOR YOUTH (APY) ALIGNING THE YOUTH DEVELOPMENT & WORKFORCE DEVELOPMENT SYSTEMS GRANT – YOUTH BUREAU WHEREAS, the Youth Bureau in collaboration with the Chemung County Youth Bureau, Catholic Charities of Schuyler County, Catholic Charities of Chemung County, SCT BOCES, and Workforce New York is filling an employment gap with youth specially challenged and considered difficult to serve, and WHEREAS, this is the second year of 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 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 and any subsequent contracts in the amount of $144,900, for the term October 1, 2007 through September 30, 2008; subject to review of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 371 Motion by Bleiler, Second by Larison. RE: AUTHORIZE CONTRACT AMENDMENTS WITH CHEMUNG, SCHUYLER, STEUBEN (CSS) WORKFORCE NEW YORK FOR THE A PARTNERSHIP FOR YOUTH GRANT-YOUTH BUREAU WHEREAS, CSS Workforce New York is providing monitoring of the A Partnership for Youth grant, and WHEREAS, they originally were contracted for 16 youth at $50/youth, and WHEREAS, CSS Workforce New York actually served 18 youth at $50/youth, and WHEREAS, the money for this increase is covered in the grant. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amended contract with CSS WORKFORCE for the Schuyler County Youth Bureau for the term October 1, 2006 through September 30, 2007, in the additional amount of $100 funding available in the 2007 Youth Bureau budget; subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 372 Motion by Bleiler, Second by Larison. RE: APPOINTMENTS – WORKFORCE DEVELOPMENT BOARD BE IT RESOLVED, that this Legislature approve the following individuals to be appointment to the Workforce Development Board for the term October 1, 2007 through October 1, 2010. Kelsey Jones, Executive Director – SCOPED Peter Honsberger, Owner – Great Escape Vote: 8-0. RESOLUTION NO. 373 Motion by Bingell, Second by Larison. RE: ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS – ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 144 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 7 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 one-year term commencing August 17, 2007, through July 14, 2008: Republicans Joyce Soule Mary Ellen Hoose Vote: 8-0. RESOLUTION NO. 374 Motion by Bingell, Second by Larison. RE: AUTHORIZE AN AGREEMENT WITH NEW YORK STATE ELECTRIC AND GAS (NYSEG) FOR POLE ATTACHMENT – BUILDINGS AND GROUNDS WHEREAS, Schuyler County is connecting five of its facilities together with a fiber optic back-bone in order to have continuity of voice and data services to all county departments, and WHEREAS, in order to run the fiber on existing poles, NYSEG requires a Pole Attachment Agreement, and WHEREAS, this agreement sets in place some up-front costs for engineering, make ready work as well as ongoing costs for pole use. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into an agreement with NYSEG for said Pole Attachment Agreement; subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that said upfront costs are to be paid from the 2007 Buildings and Grounds budget, account no. 1620.400, with future pole use costs to be paid from the Central Services budget, account no. 1610.400. Vote: 8-0. RESOLUTION NO. 375 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE NEW YORK STATE RECRUITMENT AND RETENTION PROGRAM GRANT - DISTRICT ATTORNEY WHEREAS, grant monies have been made available by the for the purpose of assisting the Schuyler County District Attorney’s Office with recruitment and retention of qualified prosecutors. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney and the Chairman of the Legislature to sign a contract for the 2007/2008 New York State Recruitment and Retention Program 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 ($4,000); which documents are to be approved by the Schuyler County Attorney. Vote: 8-0. NEW BUSINESS: Legislator Fagan introduced Jonathon Todd from Todd Ecological. Jonathan stated that his firm helps with practical ecological designs. They are here to help citizens with solutions that make sense for the county and the people that live here. Legislator Fagan said Jonathan is much too modest. His father was in TIME magazine for being nominated as one of the top 35 inventors in the 21st century by MIT and the corporation. He has received two major national awards. This Master Plan can be eligible for additional awards. Legislator Blelier asked Jonathan to report on a plan that he is especially proud of. Jonathan said one ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 145 project he is proud of is one at the Four Seasons Golf Course that keeps it clear of algae and reduces horsepower. His company also saved Tyson Chicken $174 K in electrical power. Legislator Fagan reported that Senator Schumer has discussed the possibility of having more federal money made available for infrastructure dealing with water and sewer. Senator Schumer and the federal government are working on re- establishing old grant programs. He feels there are some exciting opportunities awaiting us. Chairman Gifford thanked Jonathan for coming. UNFINISHED BUSINESS: REPORT ON STANDING COMMITTEES: Legislator Larison reported that he is on the safety committee for the New York State Association of Counties. At the fall conference he learned that our county seems to be doing the right thing and he appreciates that. Legislator Bleiler reported on the Human Services Committee. He reported that the Office for the Aging (OFA) will be having their open house next week. It is scheduled for Tuesday October 16, 2007 at 2:30 p.m., and Wednesday, October 17, 2007 at the Tyrone Church at 11:00 a.m. He also reported that the Medicaid Managed Care administration will be there to discuss Medicaid and Medicare with the senior citizens. He believes that managed care for senior citizens is just as important to the senior citizens as it is to the youth. He would like to see this continue to grow. Legislator Bleiler also wanted to make a plug for the Head Start program. They have received no grant funds for their playground equipment and transportation. Kids must be brought to school by parents. If Head Start is to continue they will be struggling and need funding to do so. They are in need of $50,000 if anybody would like to share. If anyone has any ideas for funding, please step forward. Legislator Fagan reported that he attended a meeting at the Irelandville Landfill to discuss the feasibility of a natural leach field. There is more than enough land to create an artificial wet land. There would also be some savings for the commission of the landfill rather than hall the waste to a facility. Jonathon Todd has submitted a full ecological plan well within budget capabilities. There should be money available in the spring of next year. He is very interested and excited for this project. Their intent is to not have the same problem as the Village of Watkins Glen with odor. He is interested in working with the Todd Group. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that a certificate of occupancy was issued to the Human Services Complex September 29, 2007. The contract on the building is basically complete. The Open House has been moved to November 8, 2007. A ribbon cutting is scheduled for 10:00 a.m. followed by an open house until 1:00 p.m. The building will be fully occupied with Social Services moving in the following week. O’Hearn reported that the public transportation is still being worked on. A meeting is scheduled for October 23, 2007 at 6:00 p.m. They will be meeting with the Department of Transportation from Albany and some other agencies. They will also be meeting with Ann Clark next week to discuss her possible roll as continuing as a consultant for the county. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:09 P.M. Stacy B. Husted, Clerk Jamee Mack, Personal Secretary to the Legislature SPECIAL MEETING OCTOBER 22, 2007 The October 22, 2007 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 Bleiler and followed by a Moment of Silence. All Legislators were present, except Legislator Bingell and Legislator Marcellus who was excused. County Attorney Coleman was also excused. County Administrator O’Hearn was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 376 Motion by Larison, Second by Karius. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 146 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. SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2008 2. AUTHORIZE APPOINTMENT AND SET SALARY – DIRECTOR OF WEIGHTS AND MEASURES A Vote: 8-0. RESOLUTION NO. 377 Motion by Karius, Second by Yuhasz. RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2008 WHEREAS, a public hearing in respect to the 2008 County Budget is required pursuant to County Law Section 359. NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2008 County Budget will be held in the Large Conference Room at the Human Services Complex, 323 Owego Street, Montour Falls, NY on November 13, 2007 at 6:30 p.m., to be followed by the Regular Meeting of the Legislature, and possible action to adopt the 2008 Budget, and BE IT FURTHER RESOLVED, pursuant to County Law Section 152 that this resolution shall not be effective unless approved by the affirmative vote of at least three-fourths of the total membership of the County Legislature, and BE IT FURTHER RESOLVED, upon approval of this resolution, the Clerk of the Legislature shall give appropriate public notice of said hearing, provide at least one hundred copies of the tentative budget, and otherwise comply with the requirements of County Law Section 359. Vote: 6-0. RESOLUTION NO. 378 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT AND SET SALARY – DIRECTOR OF WEIGHTS AND MEASURES A WHEREAS, the Director of Weights and Measures A position is vacant, and WHEREAS, the County Administrator and Human Resources Director have interviewed candidates for this position and makes the following recommendation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Nicholas Haner to the position of Director of Weights and Measures A, to work 15 hours per week at an annual salary of $15,000, position in Grade D of the Management/Confidential Salary Plan, effective October 24, 2007. DISCUSSION: Administrator O’Hearn explained that there is not enough cost savings to share this position with Steuben and Yates Counties right now, so he has decided to recommend hiring someone for the position. Vote: 6-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:08 A.M. Stacy B. Husted, Clerk SPECIAL MEETING NOVEMBER 7, 2007 The November 7, 2007 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 Marcellus who was excused. County Attorney Coleman was also excused. County Administrator O’Hearn was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 379 Motion by Larison, Second by Bingell. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 147 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. AUTHORIZE APPOINTMENT AND SET SALARY – DIRECTOR OF WEIGHTS AND MEASURES A Vote: 7-0. RESOLUTION NO. 380 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPOINTMENT AND SET SALARY – DIRECTOR OF WEIGHTS AND MEASURES A WHEREAS, the Director of Weights and Measures A position is vacant due to a resignation, and WHEREAS, the County Administrator and Human Resources Director make the following recommendation to hire Fredrick Mockler. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Fredrick Mockler to the position of Director of Weights and Measures A, to work 15 hours per week at an annual salary of $15,000, position in Grade D of the Management/Confidential Salary Plan, effective November 7, 2007. DISCUSSION: County Administrator O’Hearn explained that the first person hired for this position, Nickolas Haner, started the position and was given nothing but grief from the State representative about working evenings and weekends. The Deputy Director acted inappropriately by contacting the employee and not the employer. Nick was being told that the State would not allow the arrangement made to work evenings and weekends. Needless to say, Nick got very discouraged and resigned. O’Hearn talked to the State the day after the resignation and the State is investigating the situation. This candidate, Fred Mockler, is well qualified and able to do the job. Vote: 7-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:31 A.M. Stacy B. Husted, Clerk REGULAR MEETING NOVEMBER 13, 2007 The November 13, 2007 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. 6:30 P.M. PUBLIC HEARING ON THE TENTATIVE 2008 SCHUYLER COUNTY BUDGET: Chairman Gifford called the Public Hearing to order and turned it over to the County Administrator to give a brief presentation on the 2008 Tentative Budget. Administrator O’Hearn welcomed the public and then gave a power point presentation (on file in the Legislative Office) of the 2008 spending plan. This is the third year of having a Performance Based Budget. He then acknowledged the Department Heads in their efforts to control spending. PUBLIC PARTICIPATION: None. 7:00 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. OF THE YEAR 2007 SETTING THE SALARY FOR THE CHAIRMAN OF THE LEGISLATURE FOR THE YEAR 2008: None. 7:05 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2007 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2008: None. RESOLUTION NO. 381 Motion by Bingell, Second by Yuhasz. RE: APPROVE MINUTES OF THE OCTOBER 9, 2007 REGULAR MEETING AND THE OCTOBER 22, 2007 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 148 BE IT RESOLVED, that the minutes of the October 9, 2007 Regular Meeting and the October 22, 2007 Special Meeting of the Schuyler County Legislature be approved. Vote: 8-0. RESOLUTION NO. 382 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR SPAY & NEUTER PROGRAM – SHERIFF’S DEPARTMENT WHEREAS, due to a payment of an invoice from the Schuyler County Humane Society from 2006 that was paid with funds from the 2007 budget, there is a shortage in the Spay & Neuter program funding for 2007, and WHEREAS, there are funds available in Contingency account no. 1990.500 to cover said shortage. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $2,000.00 from Contingency account no. 1990.500 to account no. 3510.576-Spay & Neuter Program. Vote: 8-0. RESOLUTION NO. 383 Motion by Larison, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION WITH THE NEW YORK STATE GOVERNOR’S TRAFFIC SAFETY COMMITTEE FOR IMPLEMENTATION OF TRACS (ELECTRONIC TRAFFIC TICKETS) – SHERIFF’S DEPARTMENT WHEREAS, grant funding is available from the New York State Governor’s Traffic Safety Committee for the implementation of TRACS, an electronic traffic ticket and accident reporting system, and WHEREAS, the Schuyler County Sheriff wishes to apply for funds in the amount of $13,500.00, and WHEREAS, these funds are 100% with no local match required. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the TRACS Grant, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 384 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPLICATION FOR REIMBURSEMENT OF ELIGIBLE COSTS ASSOCIATED WITH WIRELESS E-911 SERVICES – EMERGENCY MANAGEMENT WHEREAS, the Department of State has determined counties’ funding for the Wireless 911 Program, and eligible reimbursement for Schuyler County is in the amount of $10,974.00 for State Fiscal Years 2007- 2008 budget for costs incurred between April 1, 2007 through March 31, 2010 and WHEREAS, the Emergency Management Office wishes to apply for said funds. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the Wireless E-911 Program; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 385 Motion by Bleiler, Second by Yuhasz. RE: RECOGNIZE DECEMBER 2 - 8, 2007 AS NATIONAL HAND WASHING AWARENESS WEEK - PUBLIC HEALTH WHEREAS, according to the CDC, “Hand Washing is the single most important means to prevent the spread of infection”, and WHEREAS, the CDC estimates that 36,000 people die from the flu or flu-like illness each year and 5,000 people die from food borne illness each year and between 78,000 and 90,000 patients die each year from Hospital Acquired Infections (HAI), for which a direct link to many of these deaths is poor hand washing, and WHEREAS, there are 2 million patients who contract Hospital Acquired Infections (HAI) of 33 million hospital admissions annually, and WHEREAS, hand washing and hand awareness is important for nosocomial infection prevention, food safety, school health, personal health and disease prevention, and WHEREAS, 164,000,000 days are lost from school due to illness, of which 22,000,000 are due to the common cold alone. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognize December 2 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 149 - 8, 2007 as National Hand Washing Awareness Week and recommends everyone wash their hands before eating, after the toilet, during food preparation, after handling animals, upon arrive home, after changing diapers, leaving the hospital or physician’s office and any time hands are thought to be dirty, with soap, running water and scrub all surfaces of your hands for 20 seconds, then dry with a paper towel. Vote: 8-0. RESOLUTION NO. 386 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE CONTRACT AMENDMENT WITH CATHOLIC CHARITIES OF CHEMUNG/SCHUYLER COUNTIES AND AUTHORIZE AMENDING THE 2007 BUDGET - COMMUNITY SERVICES WHEREAS, the Community Services Department currently has a contract with Catholic Charities of Chemung/Schuyler Counties in an amount not to exceed $16,045 for 2007, and WHEREAS, the New York State Office of Mental Health (OMH) has issued a revised State Aid letter, increasing funding to Catholic Charities of Chemung/Schuyler Counties by $187.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the contract with Catholic Charities of Chemung/Schuyler Counties, increasing the amount of the contract by $187.00 to an amount not to exceed $16,232, subject to the approval of the County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2007 Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$187.00 4310.435 Professional Fees +$187.00 4310-3490 State Aid - Mental Health Vote: 8-0. RESOLUTION NO. 387 Motion by Bleiler, Second by Yuahsz. RE: AUTHORIZE CONTRACT WITH BARBARA HISLOP FOR EARLY INTERVENTION SERVICES - PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention services for Children, and WHEREAS, Barbara Hislop is approved as a provider for Early Intervention Services, 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 Barbara Hislop for Early Intervention services, effective October 1, 2007 through December 31, 2008, at rates established by the New York State Department of Health, to be renewed annually, funds available in the Public Health budget, account no. 4054.490, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 388 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH THE BONADIO GROUP FOR CORPORATE COMPLIANCE SERVICES – HEALTH SERVICES WHEREAS, Schuyler County Health Services is in need of Corporate Compliance assistance and expertise to ensure full compliance with complex regulatory requirements, particularly those related to Medicaid reimbursement, and WHEREAS, the consequences of noncompliance are extremely costly, and WHEREAS, a vendor has been identified to provide Corporate Compliance services. NOW, THEREFORE, BE IT RESOLVED, that the Chair of the Legislature be hereby authorized to execute a contract with The Bonadio Group for Schuyler County Health Services for Corporate Compliance services for the term November 1, 2007 to December 31, 2008, in an amount not to exceed $11,000, funding available in the 2007 and 2008 Health Services budgets Public Health account no. 4010.435-Professional Fees and Services and Mental Health account no. 4310.435, Professional Fees & Services, subject to approval of the Schuyler County Attorney. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 150 Vote: 8-0. RESOLUTION NO. 389 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR MILEAGE – VETERANS SERVICE AGENCY WHEREAS, the 2007 Veterans Service Agency mileage account is over budget, and WHEREAS, there are not sufficient funds in the 2007 budget for said expenses. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Treasurer is hereby authorized to transfer $1,500 from Contingency account no. 1990.500 into account no. 6510.430-Mileage. Vote: 8-0. RESOLUTION NO. 390 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWALS FOR 2008 WITH PROBATION, PUBLIC HEALTH, MENTAL HEALTH, OFFICE FOR THE AGING AND SOCIAL SERVICES 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, and Probation) have money in their respective budgets to support the Families First program for the year 2008. 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 2008, subject to the approval of the Schuyler County Attorney: Department of Social Services Mental Health Public Health Probation Office for the Aging Vote: 8-0. RESOLUTION NO. 391 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2008 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 2008 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 2008 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: 8-0. RESOLUTION NO. 392 Motion by Bleiler, 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, and WHEREAS, Schuyler County has already given authority to their Youth Bureau Director to sign amendments to the fullest extent of his/her authority by OCFS standards. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize its Chairman to delegate authority to the Schuyler County Youth Bureau Director to sign OCFS amendments to the Schuyler County approved Resource Allocation Plan after approval from the Schuyler County Youth Board and with appropriate reporting to the County Administrator/Budget Officer and the appropriate Committee of the Legislature. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 151 Vote: 8-0. RESOLUTION NO. 393 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Heather Beach to the Schuyler County Youth Board for the term November 1, 2007 through December 31, 2010. Vote: 8-0. RESOLUTION NO. 394 Motion by Bingell, Second by Bleiler. RE: RESOLUTION IN SUPPORT OF FEDERAL BILL H.R. 326 TITLED “MEDICAID COUNTY PROTECTION ACT OF 2007” WHEREAS, New York State has the most expensive Medicaid program in the nation, and WHEREAS, its spending, per recipient, is the highest in the country, with costs that nearly exceed those of California and Texas combined, and WHEREAS, New York is one of only a few states that mandate county governments to pay a significant portion of the State’s cost, and WHEREAS, Congressman G. K. Butterfield of North Carolina has introduced legislation at the federal level that would expressly prohibit states from passing along the costs of Medicaid to county government, which is a huge burden to property taxpayers. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports the passage of the “Medicaid County Protection Act of 2007— HR. 326” by the 11.5. Congress as introduced by Congressman G. K. Butterfield of North Carolina, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby requests its federal representatives Senator Charles E. Schumer, Senator Hillary Clinton, Congressman John R. Kuhl, Jr. to become cosponsors of this important legislation, and BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to Senator Charles E. Schumer, Senator Hillary Clinton, Congressman John R. Kuhl, Jr., the entire New York State Congressional Delegation, all New York State Counties, New York State Association of Counties and the Inter-County Association of Western New York. Vote: 8-0. RESOLUTION NO. 395 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AMENDING THE 2007 BUDGET TO MEET THE NEEDS OF THE IN-HOME SERVICES PROGRAM– OFFICE FOR THE AGING WHEREAS, the Office for the Aging sub-contracts line item in the county budget does not match the state and federal revenue budgets for the Personal Care Level I and II services under both the EISEP and Caregiver programs , and WHEREAS, there is money made available in the approved Notification of Grant Award (NGA) for both programs to be added to this year’s expense line item. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2007 Office for the Aging budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$85,000 6772.490 Sub-contracts Vote: 8-0. RESOLUTION NO. 396 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CONTRACT RENEWAL WITH ALL-MODE COMMUNICATIONS FOR TELEPHONE SYSTEM MAINTENANCE AND SERVICE – BUILDINGS AND GROUNDS WHEREAS, it is important to protect the telephone system investment with appropriate service and maintenance, and All-Mode Communications provides technical support and warranty replacement guarantees for Schuyler Counties telephone systems, and All-Mode has provided this service in the past, and WHEREAS, the cost of these services is as follows: LOCATION SERVICE AND SUPPORT PLAN BUSINESS DAY – RATE County Office Complex Premium Economy $282.00 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 152 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, 2008 through December 31, 2008, at a total cost of $3,384.00, funding available in account no. 1610.400; subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 397 Motion by Karius, Second by Bingell. RE: AUTHORIZE AMENDING THE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS & SURVEYORS FOR SECURITY SYSTEM DESIGN WORK – BUILDINGS & GROUNDS WHEREAS, Resolution No. 153-07 authorized a contract with Hunt Engineers, Architects & Surveyors for Schematic Design and Contract documents in the amount of $4,000 plus reimbursable costs, and WHEREAS, the Schuyler County Jail was not included in the original contract, and WHEREAS, there is further need of construction monitoring, and WHEREAS, Hunt Engineers, Architects & Surveyors has proposed to provide this additional service at a cost of $10,000 plus reimbursable costs. NOW, THEREFORE, BE IT RESOLVED, that the contract with Hunt Engineers, Architects & Surveyors amount be increased by $10,000 plus reimbursable costs, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign said contract amendment with Hunt Engineers, Architects & Surveyors for an additional cost of $10,000 plus reimbursable costs, making the total contract cost $14,000 plus reimbursable costs; funding is available in the 2007 Buildings and Grounds budget account no. 1620.400; subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 398 Motion by Karius, Second by Bingell. RE: AUTHORIZE AMENDING RESOLUTION NO. 348-07 TITLED “AUTHORIZE TRANSFER OF FUNDS FOR THE INTEREST PAYMENT ON THE BOND FOR THE NEW HUMAN SERVICES BUILDING” – BUILDING AND GROUNDS WHEREAS, Resolution No. 348-07 authorized the Schuyler County Treasurer to transfer $125,000 from the Buildings capital reserve account no. 004.1620.209 to Buildings and Grounds account no. 1620.400 to have funding available to pay the 2007 Schuyler County Human Services Complex bond interest payment, and WHEREAS, the funding was not reimbursement for bond interest payment, but was intended for Lease Hold Improvements and should have been in the amount of $225,000. NOW, THEREFORE, BE IT RESOLVED, that that Resolution No. 348-07 be amended to change the funding to be available for the Human Services Complex Lease Hold Improvements instead of for the Interest Payment on the Bond for the year 2007 and change the amount in the Resolution to $225,000. Vote: 8-0. RESOLUTION NO. 399 Motion by Karius, Second by Bingell. RE: AUTHORIZE ADVERTISEMENT FOR BIDS ON A PORTABLE VEHICLE LIFT – 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 Machinery budget for the purchase of a portable vehicle lift. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to set specifications and to advertise for bids on the preceding equipment and/or utilize State Bid Contract Vendors. Vote: 8-0. RESOLUTION NO. 400 Motion by Bingell, Second by Fagan. RE: AUTHORIZE AGREEMENT WITH AES AT THE GREENIDGE POWER PLANT IN DRESDEN FOR BOTTOM ASH/CINDERS – HIGHWAY DEPARTMENT ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 153 WHEREAS, the Highway Superintendent and the Public Works Committee have agreed there is a need for the Highway Department to purchase Bottom Ash/Cinders and WHEREAS, AES Greenidge, LLC requires a signed agreement before any municipality can enter the power plant in Dresden to load the bottom ash. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with AES Greenidge, LLC for the Highway Department to purchase approximately 1000 tons of bottom ash from the NYSEG power station at $4.50 per ton if municipality loads, for the period September 1, 2007 through August 31, 2008, funding available in the 2007 and 2008 budget account no.5142.438; subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 401 Motion by Bingell, Second by Fagan. RE: AUTHORIZE AN AGREEMENT WITH BEARDSLEY DESIGN & ASSOCIATES TO DEVELOP RECOMMENDATIONS FOR PHYSICAL REORGANIZATION OF SPACE AND POSSIBLE ENERGY EFFICIENCY UPGRADES WITHIN THE EXISTING COUNTY OFFICE BUILDING – BUILDINGS AND GROUNDS WHEREAS, the Schuyler County Human Services Complex is completed and the Department of Social Services, Information Technology, Purchasing, and Buildings and Grounds will be moving from the existing County Office Building to the Schuyler County Human Services Complex, and WHEREAS, this move will free up a large percentage of the square footage in the existing County Office Building, and WHEREAS, there is a need to physically reorganize the location of some departments to better interface and enhance government service with the general public at the existing County Office Building, and WHEREAS, there are opportunities to improve efficiencies in space utilization for potential leasing of space to not-for-profit corporations. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Beardsley Design & Associates to provide recommendations for physical reorganization of space and the feasibility of energy reduction improvements at a cost not to exceed $26,000 plus reimbursable expenses, funding available in Building and Grounds capital reserve account no. 004.1620.209, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 402 Motion by Bingell, Second by Fagan. RE: LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 5 OF THE YEAR 2007 SETTING THE SALARY FOR THE CHAIRMAN OF THE LEGISLATURE FOR THE YEAR 2008 WHEREAS, a proposed Local Law setting the salary for the Chairman of the Legislature for the Year 2008 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held November 13, 2007, 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. 5 of the year 2007, 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. 5 of the year 2007, together with the required text thereof in the official county newspaper. LOCAL LAW NO. 4/LOCAL LAW NO. 5 OF THE YEAR 2007 A Local Law Setting the Salary for the Chairman of the Legislature for the Year 2008. Section 1. LEGISLATIVE INTENT This Local Law in enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salary for the Chairman of the Legislature for the Year 2008. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal year 2008 the annual salary for the Chairman of the Legislature is hereby established, to wit: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 154 TITLE 2008 SALARY Chairman of the Legislature $5,155 Effective with the first County payroll for each fiscal year the annual salary of the following official shall be adjusted by the Consumer Price Index (CPI). The CPI to be used for this adjustment will be the New York Area of the Urban Wage Earners and Clerical Workers (CPI-W) Group. The adjustment will be made annually based on the CPI from the July Bureau of Labor Statistics data report. Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. Vote: 8-0. RESOLUTION NO. 403 Motion by Fagan, Second by Bleiler. RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 2007 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2008 WHEREAS, Local Law Intro. No. 5/Local Law No. 6 of the Year 2007 Setting Salaries for Certain Public Officers for the Year 2008 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held November 13, 2007 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. 6 of the Year 2007, 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. 6 of the Year 2007, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. 6 OF THE YEAR 2007 A Local Law Setting Salaries for Certain Public Officers for the Year 2008. 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, 2008. 4. The following public officers are subject to the provisions hereof: County Administrator $97,000 Highway Superintendent $60,761 Deputy County Clerk $36,722 Deputy Highway Superintendent $49,026 Chief Asst. District Attorney $69,989 Real Property Tax Director $55,695 Asst. District Attorney $46,349 Undersheriff $51,875 Comm. Of Social Services $67,982 Personnel Officer $47,004 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. RESOLUTION NO. 404 Motion by Fagan, Second by Bleiler. RE: AUTHORIZE CONTRACT WITH EBS BENEFIT SOLUTIONS FOR ACTUARIAL SERVICES FOR COMPLIANCE WITH GAS 43/45 – HUMAN RESOURCES WHEREAS, the County has to be in compliance with GAS 43/45 for post-employment medical benefits by the end of 2008, and WHEREAS, the initial part of this process is to have an actuarial study done, and WHEREAS, the County received proposals for an actuarial study with the lowest responsible quote being from EBS Benefit Solutions. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with EBS Benefit Solutions for actuarial services for compliance with GAS 43/45 at a cost of $7,150, funding tentatively available in the 2008 budget account no. 1430.435-Professional Fees and Services; subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 405 Motion by Fagan, Second by Bleiler. RE: AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR 2008 – HUMAN RESOURCES ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 155 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, 2008 through December 31, 2008, with rates per month as follows, subject to the approval of the Schuyler County Attorney: Schuyler County Dental Plan DT 4790 (Admin., Highway, Mgmt, Road Patrol) Family $57.60 Mo. Individual $16.46 Mo. Schuyler County Dental Plan DT 4965 (Corrections) Family $56.96 Mo. Individual $16.27 Mo. Schuyler County Dental Plan DT 4994 (Municipals) Family $57.60 Mo. Individual $16.46 Mo. Vote: 8-0. RESOLUTION NO. 406 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE RATE RENEWAL WITH EXCELLUS BLUE CROSS/BLUESHIELD OF CENTRAL NEW YORK FOR HEALTH INSURANCE FOR THE YEAR 2008 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, 2008 through December 31, 2008, with rates per month as follows, subject to the approval of the Schuyler County Attorney: Schuyler County Plans 1440506, 07, 08, 76 (Admin., Highway, Road Patrol, Municipals – Rx $5/$15/$30) Family $ 1311.60 Individual $ 514.36 Schuyler County Plans 1440503, 04, 05, 73 (Corrections - Rx $10/$20/$50) Family $ 1301.74 Individual $ 510.50 Vote: 8-0. RESOLUTION NO. 407 Motion by Fagan, Second byYuhasz. 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 for 2008 to be $5.25-Individual and $13.65-Family. Vote: 8-0. RESOLUTION NO. 408 Motion by Fagan, Second by Yuhasz. RE: LOCAL LAW INTRO. NO. 6 OF THE YEAR 2007 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2008 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 2007 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 10, 2007 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 2007 A Local Law Setting Salaries for Certain Public Officers for the Year 2008. 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, 2008. 6. The following public officers are subject to the provisions hereof: Commissioner of Board of Elections $9,750 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 156 Commissioner of Board of Elections $9,750 Deputy Commissioner of Board of Elections $28,875 Deputy Commissioner of Board of Elections $31,495 7. 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. 409 Motion by Karius, Second by Bleiler. RE: RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2008 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE WHEREAS, the State Board of Real Property Services has established the County equalization rates pursuant to Title 2 of Article 8 of the Real Property Tax Law, and a certificate of these rates has been received. NOW, THEREFORE, BE IT RESOLVED, that the equalization rates for the 2007 Assessment Roll be adopted and the 2007 County equalization rates to be used for the general levy and apportionment of the 2008 county tax levy from the State Board of Real Property Services be entered in the minutes as follows: TOWN OF CATHARINE 75.00 TOWN OF MONTOUR 75.00 TOWN OF CAYUTA 85.00 TOWN OF ORANGE 75.26 TOWN OF DIX 75.00 TOWN OF READING 75.00 TOWN OF HECTOR 100.00 TOWN OF TYRONE 65.00 Vote: 8-0. RESOLUTION NO. 410 Motion by Karius, Second by Bleiler. RE: RESOLUTION TO APPROVE APPLICATION FOR REFUND OF REAL PROPERTY TAXES – TOWN OF MONTOUR 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 parcel 86.08-1-70 owned by Roy Webb in the Town of Montour, and WHEREAS, the property owner did not take title to the property until January, 2007, and WHEREAS, the property was owned by Schuyler County at the time that the 2007 County/Town tax bill was generated, and should have been exempt from taxation, and WHEREAS, it is the recommendation of the Management & Finance Committee to approve the application. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the Treasurer is hereby directed to issue a refund in the amount of $1,229.56 to the property owner, and to make the appropriate chargeback to the town. Vote: 8-0. RESOLUTION NO. 411 Motion by Karius, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS FOR MILEAGE AND EXPENSES - HISTORIAN WHEREAS, the 2007 Historian contractual account is over budget, and WHEREAS, there are not sufficient funds in the 2007 budget for said expenses. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Treasurer is hereby authorized to transfer $200.00 from Contingency account no. 1990.500 into account no. 7510.400-Contractual. Vote: 8-0. RESOLUTION NO. 412 Motion by Bingell, Second by Larison. RE: AUTHORIZE AGREEMENT WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES TO ACCEPT THE OPERATION IMPACT GRANT FUNDS FOR 2007-2008 - DISTRICT ATTORNEY 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 $36,000 with a $4,000 County match. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 157 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 $36,000; said documents subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 413 Motion by Bingell, Second by Larison. RE: AUTHORIZE AMENDING RESOLUTION NO. 367-07 TITLED “ACCEPT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED” – TREASURER’S OFFICE WHEREAS, two tax parcel properties were inadvertently not included in Resolution No. 367-07. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 367-07 be amended to add two additional tax properties as follows: TOWN TAX MAP # FORMER OWNER OF RECORD Hector 8.-1-2.112 & 8.-1-2.114 Robert Johnson and Nikki Irwin Vote: 8-0. RESOLUTION NO. 414 Motion by Bingell, Second by Larison. RE: AMEND RESOLUTION NO. 346-07 TITLED “AUTHORIZE LEASE AGREEMENTS WITH THE YOUTH BUREAU, HEAD START AND OFFICE FOR THE AGING” – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 346-07 inaccurately set the term of a contract with Head Start for use of the commercial kitchen in the Schuyler County Human Services Complex. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 346-07 be amended to add a Be It Further Resolved clause to read as follows: “BE IT FURTHER RESOLVED, that the lease agreement with Head Start shall be effective November 1, 2007 through June 30, 2008 and from September 1, 2008 to December 31, 2008, to then run January to June and September to December on a calendar year”. Vote: 8-0. RESOLUTION NO. 415 Motion by Larison, Second by Marcellus. RE: AUTHORIZE APPLICATION AND DESIGNATE SCHUYLER COUNTY AS LEAD AGENCY FOR AN INTER-MUNICIPAL SHARED SERVICES GRANT FOR A SHARED PUBLIC WORKS FACILITY WHEREAS, within Schuyler County, each of the fourteen political subdivisions currently operate and maintain their own facilities for the provision of public services to include road and street maintenance, transportation services, water and electric operations, maintenance and repair of equipment and general public works administration, and WHEREAS, the Village of Watkins Glen, Town of Dix, the Watkins Glen Central School District, and Schuyler County Government recognize that this structure creates inefficiencies and redundancies in the provision of this vital public service, and WHEREAS, each of the aforementioned political subdivisions is interested in participating in the construction of a central Public Works Facility to provide for administration and operations of respective provision of public works, and WHEREAS, each of the aforementioned political subdivisions desires to share space and/or administrative and other services in said facility, and WHEREAS, the New York State Department of State has made available funding through the Shared Municipal Services Incentive Grant Program, and WHEREAS, as a requirement of this Grant a lead applicant must be designated. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature assumes the responsibility of lead applicant for the purpose of accessing the necessary funds to develop a shared public works facility, and BE IT FURTHER RESOLVED, said Legislature designates Timothy O’Hearn, County Administrator as the lead applicant Contact Person authorized to execute all financial and/or administrative processes relating to the grant program. Vote: 8-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 158 RESOLUTION NO. 416 Motion by Larison, Second by Marcellus. 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 4 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 one-year term commencing November 2, 2007, through November 1, 2008: Republicans Democrats Allan P. Waite, Sr. Vera M. Franzese Pat Stansfield Carl Jensen Vote: 8-0. WITHDRAWN RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - WITHDRAWN BE IT RESOLVED, that the Tentative Budget for 2008 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION RESOLUTION NO. 417 Motion by Larison, Second by Bingell. RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2008 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 2008 would be held at 6:30 P.M. on November 13, 2007, in the new Human Services Complex large conference room, 323 Owego Street, Montour Falls, NY, and WHEREAS, the above-mentioned Public Hearing was held on November 13, 2007 at said time and place. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2008 as presented by the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the Schuyler County Legislature, to raise $8,77,857.00 by tax levy, be adopted. Vote: 8-0. RESOLUTION NO. 418 Motion by Larison, Second by Bingell. RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2008" WHEREAS, the Schuyler County Legislature by Resolution No. 417, dated November 13, 2007, has adopted a budget for fiscal year 2008. NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the column entitled "2008" as amended, be, and the same hereby are, appropriated for the objects and purposes specified, effective January 1, 2008. Vote: 8-0. RESOLUTION NO. 419 Motion by Larison, Second by Bingell. RE: 2008 BUDGET OF $41,193,491.00: 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, 2007, 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 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 159 BE IT FURTHER RESOLVED, that the Chairman issue not later than December 31, 2007 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. 420 Motion by Bingell, Second by Fagan. 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. 421 Motion by Larison, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR TWO PORTABLE MESSAGE BOARDS WITH TRAILERS – HIGHWAY DEPARTMENT WHEREAS, the Highway Department is in need of additional message boards, and WHEREAS, advertisement for bids of the same where made and opened at a bid opening held November 13, 2007, and WHEREAS, there was only one bid submitted and it was opened and read aloud. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Schuyler County Highway Superintendent, the Schuyler County Legislature hereby accepts the only bid from Ver-Mac Inc. for Two Portable Message Boards with Trailers in the amount of $18,000.00 each or $36,000.00 total; funds available in the 2007 budget account no. 5130.299. Vote: 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison reported that he visited Fort Drum as part of the Fish and Wildlife Board. They had a tour of the facility and shown the clear cutting being done. He explained why clear cutting is being done there for the public. The idea is to conserve and replenish wildlife in Fort Drum. It is a very beautiful place and he was glad to see this promotion to wildlife. Legislator Karius personal thanked Administrator O’Hearn for a job well done on the Budget preparation. Legislator Bleiler reported to the public that the Human Services Complex is now open for business and he felt the ribbon cutting ceremony was wonderful. He thanked everyone involved for a job well done. It was nice to see so many smiles on all of the faces that day during the open house. He also reported that his Human Services Committee meeting will be held at the Human Services Complex every month now in one of the conference rooms. As far as the budget he feels the performance based budget is the better way to go. He is very impressed. He also reported that he is still pursing the need to find family physicians who give regular check ups for senior citizens. He said he is looking into a fix to this county wide problem. He would like to see a plan for healthy citizens in Schuyler County. Legislator Fagan reported that the ecotourism security plan will be discussed tomorrow in Room 120 here at the Human Services Complex. The meeting will be to discuss the six different priority areas for consultation by Todd Associates. He also thanked and complimented all department heads for their hard work put into the 2008 budget process. He greatly appreciates all of the involved work. Legislator Marcellus congratulated Legislator Fagan on his re-election and Stewart Field on his election. COUNTY ADMINISTRATOR’S REPORT: None. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:27 P.M. Stacy B. Husted, Clerk Jamee Mack, Personal Secretary PUBLIC HEARING DECEMBER 10, 2007 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 160 The December 10, 2007 Public Hearing in regards to accepting proposed modifications to the Schuyler County Agricultural District #2 was called to order at 6:25 p.m. District #2 is located in the Towns of Reading, Dix, Tyrone and Orange and comprises about 41,600 acres and approximately 70 farms. A map of the District and a list of the tax parcels to be modified were open to the public for inspection and on file in the Legislative Office and at the Schuyler County Planning Office located at Cornell Cooperative Extension. There was no public comment. The public hearing was adjourned at 6:26 p.m. REGULAR MEETING DECEMBER 10, 2007 The December 10, 2007 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 Legislator Bingell who was 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 2007/LOCAL LAW NO. 1 OF THE YEAR 2008 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2008: None. RESOLUTION NO. 422 Motion by Larison, Second by Karius. RE: APPROVE MINUTES OF THE NOVEMBER 7, 2007 SPECIAL MEETING AND NOVEMBER 13, 2007 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the November 7, 2007 Special Meeting and November 13, 2007 Regular Meeting of the Schuyler County Legislature be approved. Vote: 7-0. RESOLUTION NO. 423 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE GRANT APPLICATION WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES – SHERIFF’S DEPARTMENT WHEREAS, the New York State Division of Criminal Justice Services has awarded $30,000.00 in grant funding to the Schuyler County Sheriff’s Office for the implementation of electronic fingerprinting utilizing Live Scan Equipment, and WHEREAS, this funding will enable the Sheriff’s Department to purchase Live Scan Equipment so that fingerprints and photographs can be electronically submitted to the Division of Criminal Justice Services (DCJS), and WHEREAS, there are no matching grant funds required from the county. 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, said documents subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 424 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE INCREASING THE ANNUAL SALARY FOR THE STOP DWI COORDINATOR - SHERIFF’S DEPARTMENT WHEREAS, the salary for the STOP DWI Coordinator has remained at $5,000.00 since the program’s inception in 1983, and WHEREAS, the State of New York has approved the 2008 STOP DWI Plan with an increase of $2,500.00 for the Coordinator’s Salary, and WHEREAS, funding for this increase is included in the 2008 budget. NOW, THEREFORE BE IT RESOLVED, that the annual salary of the Schuyler County STOP DWI Coordinator be increased to $7,500.00 effective January 1, 2008. Vote: 7-0. RESOLUTION NO. 425 Motion by Larison, Second by Yuhasz. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 161 RE: AUTHORIZE AN INTERMUNICIPAL AGREEMENT WITH ONEIDA COUNTY FOR SECURITY SERVICES – 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 Central New York Center provides forensic services and is located in Oneida County, and WHEREAS, the Oneida County Sheriff’s Office is able to provide security services at the Central New York Center Forensic Unit, and WHEREAS, the New York State Correction Law provides for the designation of substitute jails, and for the removal of prisoners from a jail to appropriate facilities for care and treatment. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a contract with Oneida County for security services at the Central New York Center Forensic Unit at a rate of $140.00 per day, for the term January 1, 2008 - December 31, 2009; subject to the approval of the Schuyler Country Attorney. Vote: 7-0. RESOLUTION NO. 426A Motion by Bleiler, Second by Fagan. RE: MOTION TO AMEND RESOLUTION NO. 426 TO ADD ADDITIONAL LANGUAGE BE IT RESOLVED, that Resolution No. 426 be amended to have the Now, Therefore, Be It Resolved clause now read as follows with the additional language in bold: “NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is authorized to sign a contract with the Friends of the Schuyler County Animal Shelter for operation of the Schuyler County Dog Shelter, subject to review and approval by the full Legislature prior to the Chairman’s signature and subject to the approval of the Schuyler County Attorney.” Vote: 7-0. RESOLUTION NO. 426 Motion by Larison, Second by Bleiler. RE: AUTHORIZE A CONTRACT WITH THE FRIENDS OF THE SCHUYLER COUNTY ANIMAL SHELTER (FOSCAS) FOR OPERATION OF THE SCHUYLER COUNTY DOG SHELTER – SHERIFF’S DEPARTMENT – AS AMENDED WHEREAS, the Friends of the Schuyler County Animal Shelter (FOSCAS), has expressed a desire to take over the daily operation of the Schuyler County Dog Shelter, and WHEREAS, FOSCAS has presented a viable business plan to the County, and WHEREAS, FOSCAS is willing to enter into a contract with Schuyler County for a trial period not to exceed twelve months to operate the dog shelter. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is authorized to sign a contract with the Friends of the Schuyler County Animal Shelter for operation of the Schuyler County Dog Shelter, subject to review and approval by the full Legislature prior to the Chairman’s signature and subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 427 Motion by Larison, Second by Bleiler. RE: AUTHORIZE APPLICATION AND EXECUTION OF A CONTRACT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE NEW YORK STATE VIOLENCE AGAINST WOMEN GRANT - DISTRICT ATTORNEY WHEREAS, grant monies have been made available by the New York State Division of Criminal Justice Services (DCJS) for the purpose of assisting the Schuyler County District Attorney’s Office with prosecution of domestic violence and community awareness. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for the 2007/2008 NYS Violence Against Women 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 ($37,000 with a County match of $12,333); subject to approval by the Schuyler County Attorney. Vote: 7-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 162 RESOLUTION NO. 428 Motion by Larison, Second by Bleiler. RE: AUTHORIZE A GRANT APPLICATION FOR THE 2007 FIRE PREVENTION AND SAFETY GRANT – EMERGENCY MANAGEMENT WHEREAS, the Department of Homeland Security has offered a competitive grant, under the Assistance to Firefighters Grants (AFG) program, and WHEREAS, the Emergency Management Office wishes to apply for the Fire Prevention and Safety Grant (FP&S) in the amount of $30,000.00 to support the Fire Investigation Team and Fire Prevention program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the 2007 Fire Prevention and Safety Grant; subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 429 Motion by Larison, Second by Yuhasz. RE: LOCAL LAW INTRO. NO. 7 OF THE YEAR 2007/LOCAL LAW NO. OF THE YEAR 2008 ESTABLISHING SEX OFFENDER RESIDENCY AND PROXIMITY RESTRICTIONS WHEREAS, the Public Safety/Criminal Justice Committee has determined that it is essential to assure that residents in Schuyler County are protected from sex offenders, and WHEREAS, said committee has determined that it is in the best interest of the County to establish residency and proximity restrictions for sex offenders who have committed criminal sexual offenses against minors. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 7/Local Law No. of the year 2007 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 January 14, 2008 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO NO. 7 OF THE YEAR 2007/LOCAL LAW NO. OF THE YEAR 2008 A Local Law to Establishing Sex Offender Residency and Proximity Restrictions. Be it enacted by the Legislature of the County of Schuyler as follows: SECTION I. Legislative intent and purpose. A. The highest priority of government is the safety and protection of its residents, especially its children. The County of Schuyler has had placed in its borders a number of registered sex offenders, some of whom have committed criminal sexual offenses against minors. A number of these sex offenders have been categorized as Level II Sex Offenders who have been determined to pose a moderate risk of committing another sexual crime under the Corrections Law of the State of New York. A number of these sex offenders have been categorized as Level III Sex Offenders who have been determined to pose a high risk of repeat offense and a threat to the public safety under the Corrections Law of the State of New York. B. The Schuyler County Legislature finds and determines that it essential to assure residents of Schuyler County that County Government continues to make every effort to protect children from such sex offenders. C. This Legislature further finds and determines that it is in the best interests of Schuyler County citizens to establish residency and proximity restrictions for sex offenders who have committed criminal sexual offenses against minors. SECTION II. Definitions. A. The term “child” or “children” shall mean persons under eighteen (18) years of age. B. The term “camp’ shall mean a children’s overnight camp as defined in section one thousand hundred ninety-two of the public health law, as amended, or a summer day camp as defined in section one thousand three hundred ninety-two of the public health law as amended. C. The term “county park” shall mean a park owned or leased by the County of Schuyler. D. The term “county playground” shall mean a playground owned or leased by the County of Schuyler. E. The term “daycare center” shall mean those establishments where care for a child is provided on a regular basis away from the child’s residence, as defined by Section 390 of the New York State Social Services as hereinafter amended. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 163 F. The term “minor” shall mean persons under eighteen (18) years of age. G. The term “park” shall mean active and passive public land designated for recreational or athletic use by the United States of America, the State of the New York, the County of Schuyler, or any town, village or other government subdivision located within the County of Schuyler and, for the purposes of this local law, term “park” shall also include public beaches and spray parks. H. The term “playground” shall mean land designated for recreational or athletic purposes by the United States of America, the State of the New York, any school district, library district, religious corporation, the County of Schuyler, or any town, village or other governmental subdivision located within the County of Schuyler and, for the purposes of this local law, the term “playground” shall also include municipal recreation centers. I. The term “school” means an institution for teaching children or establishment for imparting education and shall include any portion of pubic or private land, buildings or structures utilized for such purpose as defined by the New York State Department of Education and/or the New York State Education Law. J. The term “sex offender” shall mean. any person who is convicted of any of the offenses set forth in subdivision two, three or seven of section 168-a of the New York State Correction Law, as hereinafter amended, and has received a ‘level two” (“Level II”) or “level three” (“Level III”) designation as defined, under Article 6- C of the New York State Correction Law, as hereafter amended. K. The: term “residence” shall mean the place where a person sleeps, which may include more than one location, and may be mobile or transitory SECTION III. Restrictions on Residency. A. It shall be unlawful for a sex offender to establish residence or domicile within a radius of five hundred (500) feet, measured from the nearest property line, of any land utilized as a camp, daycare center, park, playground or school. B. Exemptions. The Provisions of this article shall not apply to a sex offender under the following circumstances. i. If the sex offender has acquired an ownership interest in such real property prior to the effective date of this local law said sexual offender shall not be prohibited from continued residency within said certain real property; ii. If the sex offender has established a residence as a tenant upon such real property prior to the effective date of this article, pursuant to the terms of a written lease, said sex offender shall he allowed to remain in such tenancy during the term of a written, lease but shall not renew or otherwise so extend (either orally or in writing) said lease beyond the initial term of same; iii. If a camp, daycare center, park, playground or school is newly located after the effective date of this local law and the sex offender has already established a residence within a distance from the new facility which is prohibited by this local law. iv. If the sex offender is required to reside at a location fixed by order of a court of competent jurisdiction, or by any federal, state or county agency having jurisdiction thereof. C. Notice. i. Notification of passage of this local law, and of these prohibitions, shall be delivered., in writing, by the Schuyler County Sheriff to each and every Level 11 and Level III Registered Sex Offender, now residing, or in the future residing, within the County of Schuyler. The Notice shall be in a form acceptable to the Sheriff of Schuyler County and shall be either be mailed by the Sheriff by certified or registered mail, return receipt requested and by regular mail; personally delivered by the Sheriff to the sex offender, ii A sex offender who resides in an area prohibited by this local law shall upon such written notice from the Sheriff permanently discontinue such residence within thirty (30) days of receipt of such notice, unless he or she shall be subject to an exemption therefrom, iii. Proof that the sex offender has complied with the provisions of that local law shall be provided by the offender to the Sheriff within fifteen (15) days of such compliance. iv. In the event the sex offender fails, refuses and or neglects to relocate or otherwise comply with the provisions of this local taw, then he or she shall be deemed in Violation hereof ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 164 v. Notifications will also be delivered in writing, by the Schuyler County Sheriff to the Village of Watkins Glen Police Department , the New York State Police, the New York State Park Police, the New York State Division of Parole, the Schuyler County Probation Department, the Schuyler County District Attorney, all School Districts and private schools within Schuyler County, and all Daycare Facilities as defined in this local law, Section IV. Restrictions on Entry Upon A County Park or County Playground Lands. A. No sex offender shall enter or remain in or upon any County Park or County Playground, as such term are defined herein. B. Within thirty (30) days of the passage of this local law, all county parks and county playgrounds shall be posted with signs not less than eleven inches by eleven inches, bearing a conspicuous statement as described in this section which shall cover a space of not less than eighty square inches. Such signs shall be posted not more than six hundred sixty feet apart, close to and along the boundaries of the county-owned park. At least one sign shall be posted on each side of the protected area and on each side of each corner of the protected area, provided the corner can be reasonably ascertained. Illegible or torn-down signs shall be replaced at least once a year. Signs shall state the following “Notice: Pursuant to Local Law, it is illegal for any Level II or Level III sex offender to enter or remain in or upon this park or playground. Your violation of this local law may subject you to prosecution and punishment, up to and including a fine and imprisonment.” i. Upon such posting no further notice shall be given or required to prove a violation of this subdivision of this Local Law. ii. In the absence of such posting, no sex offender shall enter or remain in or upon any County Park or County Playground, as such terms are defined herein, following a personally communicated or written request from any county employee, peace officer or police officer advising him or her of the relevant portion of this local aw. SECTION V. Penalties for Violations. A. Any violation of the provisions of this Local Law shall he deemed to be an “offense”, and any person adjudged guilty of violating this local law shall be liable for such violation and the penalty therefor and shall, upon conviction thereof, be subject to a fine of not less than Two Hundred and Fifty ($250.00) Dollars and not more than Two Thousand Five Hundred ($2,500.00) Dollars per offense, together with a sentence of imprisonment of up to fifteen days per offense. B. Each day, or part thereof such violation continues following notification under this local law, shall constitute a separate offense punishable in a like manner. SECTION VI. Severability. If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm, or corporation, or circumstance, shall be adjudged by any Court of competent jurisdiction, to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall he confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person. individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. SECTION VII. Effective Date. This Local Law shall take effect immediately upon filing with the secretary of state in accordance with Section 27 of the Municipal Home Rule Law. Vote: 7-0. RESOLUTION NO. 430A Motion by Fagan, Second by Yuhasz. RE: MOTION TO AMEND RESOLUTION NO. 430 TO ADD A BE IT FURTHER RESOLVED CLAUSE TO TRANSFER FUNDS BE IT RESOLVED, that Resolution No. 430 be amended to add a Be It Further Resolved Clause as follows: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 165 “BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $7,500 from the 2007 Contingency Account no. 1990.500 into account no. 6989.400 to pay for said commitment.” Vote: 7-0. RESOLUTION NO. 430 Motion by Larison, Second by Yuhasz. RE: RESOLUTION COMMITTING FUNDS TO ENGINEERING SERVICES FOR THE ADVANCEMENT OF THE COUNTY WATER SYSTEM PROJECT AND AUTHORIZE TRANSFER OF FUNDS – AS AMENDED WHEREAS, the County of Schuyler has participated with SCOPED in studying the feasibility of establishing a Schuyler County water district, which would provide certain operational, maintenance and planning benefits, and WHEREAS, HUNT Engineers has proposed further work to include: 1. Developing a Preliminary Engineering report for the physical interconnection of the Montour Falls and Dix water systems; and 2. Developing a Map, Plan and Report for a proposed combined water system between the Village of Watkins Glen, the Town of Dix and the Village of Montour Falls. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby commits up to $7,500.00 for these engineering services, to be contracted by SCOPED with HUNT, with the understanding that the balance of the funding in the amount of $3,000 will be provided by the Town of Dix, the Village of Watkins Glen and the Village of Montour Falls each contributing $1,000, and the match in the amount of $10,500 to be funded by the Appalachian Regional Commission grant received by SCOPED for this purpose, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $7,500 from the 2007 Contingency Account no. 1990.500 into account no. 6989.400 to pay for said commitment. Vote: 7-0. RESOLUTION NO. 431 Motion by Larison, Second by Yuhasz. RE: RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FROM THE HOUSEHOLD HAZARDOUS WASTE (HHW) STATE ASSISTANCE PROGRAM 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 household hazardous waste programs, 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 MUMICIPALITY deems it to be in the public interest and benefit to file and 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, BEIT 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 applicable laws of the State of New York including all understandings and assurances contained in said application is hereby authorized. 2. That the Chairman if 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 the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs. 4. That five Certified Copies of this Resolution be prepared and sent to the New York State Department of the Environmental Conservation, Albany, New York 12233-7253, together with ONE complete application. 5. That this resolution shall take effect immediately. Vote: 7-0. RESOLUTION NO. 432 Motion by Larison, Second by Yuhasz. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 166 RE: RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT-IN- AID FOR A MUNICIPAL WASTE REDUCTION AND/OR RECYCLING PROJECT 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. 5. That this resolution shall take effect immediately. Vote: 7-0. RESOLUTION NO. 433 Motion by Larison, Second by Karius. RE: A RESOLUTION TO ACCEPT MODIFICATIONS TO THE SCHUYLER COUNTY AGRICULTURAL DISTRICT #2 AND REQUEST CERTIFICATION OF THE MODIFIED DISTRICT BY THE NEW YORK STATE DEPARTMENT OF AGRICULTURE & MARKETS WHEREAS, The New York State Agricultural Districts Law, enacted in 1971, has been the state’s most effective tool for maintaining lands in agriculture and which recognizes that agricultural lands are an important and irreplaceable resource, that they are being lost due to development, high costs of doing business, and regulatory restraints, and that certain actions can be taken to retain lands in agriculture, and WHEREAS, the Schuyler County Legislature adopted Schuyler County Agricultural District #2 in May 1998 comprising lands in the Towns of Reading, Dix, Tyrone and Orange, encompassing about 41,600 acres and 70 farms, and being formally certified by New York State in March 1999, pursuant to section 303 of Article 25AA of the Agriculture and Markets Law, and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board issued a report on the effectiveness of District 2 since its creation, and has proposed that the original district be modified by the addition of approximately 1,250 acres, and WHEREAS, following notification of the proposed changes, declaration of a Type I SEQR and coordinated review, and a public hearing with no comment on the environmental review of the modification of District the Schuyler County Legislature issued a declaration of no significant environmental impact on September 10, 2007. NOW, THEREFORE, BE IT RESOLVED: 1. That Schuyler County Agricultural District #2 as described by the attached database of tax parcels is modified and renewed upon certification by New York State Department of Agriculture & Markets. 2. The review period for Agricultural District #2 shall continue to be eight years Vote: 7-0. RESOLUTION NO. 434 Motion by Larison, Second by Karius. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 167 RE: SET DATE - 2007 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the final meeting of the year 2007 for the Schuyler County Legislature be held on Thursday, December 27, 2007, in the Legislative Chambers at 1:30 p.m. and that appropriate legal notice be published in the official newspaper of the County. Vote: 7-0. RESOLUTION NO. 435 Motion by Larison, Second by Karius. RE: SET DATE - 2008 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the 2008 Organizational Meeting of the Schuyler County Legislature shall be held on Thursday, January 3, 2008 in the Legislative Chambers at 9:30 a.m. and that appropriate legal notice be published in the official newspaper of the County. Vote: 7-0. RESOLUTION NO. 436 Motion by Bleiler, Second by Fagan. 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, 2007 through September 30, 2007, 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--- SCHUYLER COUNTY LEGISLATURE 168 EXHIBIT MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES APRIL 1, 2007 THROUGH SEPTEMBER 30, 2007 TOWNS Amount Due VILLAGES Amount Due Catharine $7,334.41 Burdett $1,066.56 Cayuta $2,241.90 Montour Falls $4,953.56 Dix $16,946.01 Odessa $1,402.68 Hector $49,914.35 Watkins Glen $8,290.56 Montour $12,397.13 Orange $9,679.33 Reading $13,749.07 Tyrone $18,010.91 TOTALS $130,273.11 $15,713.36 APPROVED BY COMMITTEE: Dennis A. Fagan Doris L. Karius Delmar F. Bleiler Glenn R. Larison ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 169 RESOLUTION NO. 437 Motion by Bleiler, Second by Fagan. RE: DEDICATION OF 2007 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 2007" contain a tribute to Ron Wesche, (former DMV License Clerk, Paul Beebe (former Highway Sign Maker) and Sharon S. Bingell (former Legislator), subject to any other retirements effective by December 31, 2007. Vote: 7-0. RESOLUTION NO. 438 Motion by Bleiler, Second by Fagan. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR PERSONAL SECRETARY OF THE LEGISLATURE WHEREAS, Resolution No. 336-07 acknowledged the appointment and set salary for the Personal Secretary of the Legislature, and WHEREAS, there is a need to continue this appointment until the remainder of the year, and WHEREAS, the County Administrator has given permission to the Clerk of the Legislature to fill the Personal Secretary of the Legislature position on a temporary basis for another three weeks to help in the office and to continue to help with Purchasing duties NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledge the appointment by Stacy B. Husted, Clerk of the Legislature, of Jamee Mack as Personal Secretary of the Legislature at an annual salary of $37,556, to be pro-rated for the three weeks, effective December 8, 2007 through December 31, 2007, said position is in Grade Level C of the Management/Confidential Salary Plan. Vote: 7-0. RESOLUTION NO. 439 Motion by Fagan, Second by Yuhasz. RE: HALF-DAY HOLIDAY ADOPTED FOR ALL COUNTY EMPLOYEES WHEREAS, the Schuyler County Legislature wishes to extend a one-half day holiday to its employees, and WHEREAS, per County Law certain county offices are required to remain open except on other than legally designated holidays. NOW, THEREFORE, BE IT RESOLVED, that Department Heads may arrange for their employees to take a half-day holiday on either December 24 or December 31, 2007; the schedule to be determined by the Department Head so as to allow County business to operate without interruption. Vote: 7-0. RESOLUTION NO. 440 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS FOR MEDICARE PART D ADMINISTRATION – HUMAN RESOURCES WHEREAS, the 2007 budget for Medicare Part D Administration services is over budget, and WHEREAS, there are surplus funds in Unallocated Insurance account no. 1910.423 which can be used to cover this deficit. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $600 from Unallocated Insurance account no. 1910.423 to Medicare Part D account no. 9060.810. Vote: 7-0. RESOLUTION NO. 441 Motion by Fagan, Second by Yuahsz. RE: AUTHORIZE RENEWAL AGREEMENT WITH EBS BENEFIT SOLUTIONS, INC. FOR FLEXIBLE SPENDING PLAN ADMINISTRATION – HUMAN RESOURCES WHEREAS, the County has contracted with EBS Benefit Solutions, Inc. for flexible spending plan administration since 1996, and WHEREAS, the contract has not be updated since that time, and WHEREAS, EBS Benefit Solutions, Inc. requests a new agreement which incorporates amendments over the years, as well as an increase in the administrative minimum. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 170 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with EBS Benefit Solutions, Inc. for administration of the county’s flexible spending plan, at a cost of $3.50 per participant, with a minimum of $55.00, effective January 1, 2008; funding available in 2008 budget account no. 9089.800; contract subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 442 Motion by Larison, Second by Fagan. RE: LOCAL LAW INTRO. NO. 6 OF THE YEAR 2007/LOCAL LAW NO. 1 OF THE YEAR 2008 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2008 WHEREAS, Local Law Intro. No. 6 of the Year 2007/Local Law No. 1 of the Year 2008 Setting Salaries for Certain Public Officers for the Year 2008 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held December 10, 2007 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 2007/Local Law No. 1 of the Year 2008, 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 2007/Local Law No. 1 of the Year 2008, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 6 OF THE YEAR 2007 LOCAL LAW NO. 1 OF THE YEAR 2008 A Local Law Setting Salaries for Certain Public Officers for the Year 2008. 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, 2008. 8. The following public officers are subject to the provisions hereof: Commissioner of Board of Elections $9,750 Commissioner of Board of Elections $9,750 Deputy Commissioner of Board of Elections $28,875 Deputy Commissioner of Board of Elections $31,495 9. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24. Vote: 7-0. RESOLUTION NO. 443 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2008, 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 2008 Town and County tax bills as shown in the Town of Reading Resolution No. 79. NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of Reading be added to the January, 2008, Town and County tax bill as a separate item for the arrears, as provided by Town Law Section 198, subsection 1 Vote: 7-0. RESOLUTION NO. 444 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO CHARGED ON THE JANUARY, 2008, 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 2008 Town and County tax bill, per Town resolution No. 144, as a separate item for the amount of the arrears. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 171 NOW, THEREFORE, BE IT RESOLVED, that the delinquent water bills for the Town of Hector be added to the January, 2008, Town and County tax bills as a separate item for the amount of the arrears, provided by Town Law, Article 12, Paragraph 198. Vote: 7-0. RESOLUTION NO. 445 Motion by Fagan, Second by Yuhasz. 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 2007, for the budget year of 2008, for the Lamoka/Waneta Lakes Protection and Rehabilitation District shall be held on the 27 day of December, 2007 at 1:35 P.M. in the Legislative Chambers, 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. Vote: 7-0. RESOLUTION NO. 446 Motion by Bleiler, Second by Karius. RE: ACKNOWLEDGE APPOINTMENT SET SALARY AND INCREASE THE HOURS OF THE ASSESSOR POSITION – REAL PROPERTY TAX AGENCY WHEREAS, there is a vacant Assessor position in the Real Property Tax Agency, and WHEREAS, it is the recommendation of the Real Property Tax Agency Director to appoint Vicki to said vacancy with an increase in hours from 9 hours per week to 25 hours per week. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledge the appointment by Thomas Bloodgood, Real Property Tax Agency Director, of Vicki as Assessor (25 hours per week) at an annual salary of $40,602 ($29,113 prorated), effective January 7, 2008, said position is in Grade Level G of the Management/Confidential Salary Plan. Vote: 7-0. RESOLUTION NO. 447 Motion by Bleiler, Second by Karius. RE: AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE AND COMMUNITY SERVICES BOARD - COMMUNITY SERVICES WHEREAS, Melissa Grant has resigned from the Mental Health Subcommittee, leaving a vacancy to be filled, and WHEREAS, there is also a vacancy on the Community Services Board, and WHEREAS, Steven Rogers has expressed his interest in serving on both committees. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Steven Rogers to the Mental Health Subcommittee and the Community Services Board for the term December 10, 2007 through December 31, 2010. Vote: 7-0. RESOLUTION NO. 448 Motion by Bleiler, Second by Karius. RE: AUTHORIZE CONTRACT WITH JANET MEANEY FOR CONSULTATION SERVICES - COMMUNITY SERVICES WHEREAS, there has been significant staff turnover in the supervisory area at the Mental Health Clinic, and WHEREAS, Janet Meaney has the experience to provide consultation, direct support, training and supervisory services to the clinic, and WHEREAS, Janet Meaney also has experience to assist with special populations in treatment, difficult cases and can supervise those clinicians with less experience. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Janet Meaney for the provision of consultation services for the period January 1, 2008 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 172 through December 31, 2008, in an amount not to exceed $5,000.00 annually, funding being available in the 2008 budget; subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 449 Motion by Karius, Second by Bleiler. RE: AUTHORIZE CONTRACT RENEWAL WITH PATRICIA CUNNINGHAM, NP FOR 2008 - COMMUNITY SERVICES WHEREAS, the Community Services Department’s contract with Patricia Cunningham, NP for extended services expires on December 31, 2007, and WHEREAS, provision of these services is beneficial to the operation of the mental health clinic in serving the needs of residents in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a renewal contract with Patricia Cunningham for the provision of services for the period January 1, 2008 through December 31, 2008 at an hourly rate of $62.00, not to exceed $30,000.00 annually, funding being available in the 2008 budget; subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 450 Motion by Karius, Second by Bleiler. RE: AUTHORIZE CONTRACT RENEWAL WITH ELISABETH MASHINIC, MD FOR 2008 - COMMUNITY SERVICES WHEREAS, the Community Services Department’s contract with Elisabeth Mashinic, MD for part time services expires on December 31, 2007, and WHEREAS, provision of these services is beneficial to the operation of the mental health clinic in serving the needs of residents in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a renewal contract with Elisabeth Mashinic, MD for the provision of services, for the period January 1, 2008 through December 31, 2008, at an hourly rate of $131.00, not to exceed $60,000.00 annually, funding being available in the 2008 budget; subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 451 Motion by Karius, Second by Bleiler. RE: AUTHORIZE CONTRACT AMENDMENT WITH AFFILIATED CONSULTANTS, P.C. FOR CLINIC SERVICES FOR 2007 - COMMUNITY SERVICES WHEREAS, the Community Services Department currently has a contract with Affiliated Consultants, P.C., for mental health workers, and WHEREAS, there has been a need for additional mental health services workers to provide clinic services, and WHEREAS, Affiliated Consultants, P.C. provides 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 additional services in an amount not to exceed $6,000, total funding of this contract not to exceed $218,566, funding available in account 4310.435, subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 452 Motion by Bleiler, Second by Fagan. RE: AUTHORIZE CONTRACT WITH CAROL FIORELLA TO PROVIDE RESPITE SERVICES FOR CHILDREN - COMMUNITY SERVICES WHEREAS, the Community Services Department’s contract with Carol Fiorella, to provide respite services for children expires on December 31, 2007, and WHEREAS, provision of these services is beneficial to the operation of the mental health clinic in serving the needs of the children in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to execute a renewal contract with Carol Fiorella for respite services for children, at the rate of $60.00 per day, effective ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 173 January 1, 2008 through December 31, 2008, funding being available in the 2008 budget account no. 4310.435, subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 453 Motion by Bleiler, Second by Fagan. RE: RECOGNIZE JANUARY 20 - 26, 2008 AS HEALTHY WEIGHT WEEK - HEALTH SERVICES WHEREAS, Healthy Weight Week celebrates a healthy non-diet lifestyle for people of every size, and WHEREAS, traditionally, Americans begin a diet the first week in January and don’t follow through with it in the second week, and WHEREAS, healthy choices are to live actively, eat normally and nutritiously and feel good about yourself, and WHEREAS, diets, pills and potions do not work but regular activity and nutritious food in moderation and variety helps achieve a balanced and healthy lifestyle. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature encourages it’s residents to focus on healthy lifestyles and a balanced diet to develop a zest for living, more energy, better health and a strengthened immune system. Vote: 7-0. RESOLUTION NO. 454 Motion by Bleiler, Second by Fagan. RE: AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN TO CREATE AND FILL A CLINIC DIRECTOR POSITION – COMMUNITY SERVICES WHEREAS, the Mental Health Clinic has been unable to fill the position of Supervising Social Worker, and WHEREAS, the ability to recruit a supervisor at this level requires more flexibility in salary and duties, and WHEREAS, the Director of Community Services and Public Health is requesting to create a Clinic Director position, and WHEREAS, it is the recommendation of the County Administrator that the Clinic Director position be created with the Community Services Department, and WHEREAS, the County Administrator and the Human Resources Director have completed the following rating factor for the position of Clinic Director: I Accountability 60 II Complexity of Duties 60 III Experience/Knowledge 115 IV External Contacts 45 V Independent Judgment 75 VI Internal Contact 45 VII Impact on Programs/Adm 25 VIII Interpersonal Skills 60 IX Supervision/Leadership 100 TOTAL 585 = Grade G NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the addition of the Clinic Director position with the above factor rating in salary grade G, and BE IT FURTHER RESOLVED, that this Legislature hereby authorizes the Director of Community Services & Public Health to create and fill one Clinic Director position at 35.0 hours per week, in Grade Level G of the Management/Confidential Salary Plan in a salary range of $39,381 - $48,888, on or after December 11, 2007, with funding already present in the department’s 2007 budget. Vote: 7-0. RESOLUTION NO. 455 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE THE INCREASE IN HOURS FOR THE MEDICAL SOCIAL WORKER POSITION FROM PART-TIME TO FULL-TIME – COMMUNITY SERVICES WHEREAS, the Medical Social Worker position was 24 hours per week, split 50/50 between Community Services and Public Health, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 174 WHEREAS, there is a need to increase this position to 35 hours per week, split 50/50 between Community Services and Public Health. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Medical Social Worker position to be increased from 24 hours per week to 35 hours per week, effective immediately, funding being available in the 2007 and 2008 budgets. Vote: 7-0. RESOLUTION NO. 456 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE A CONTRACT WITH MONTEREY BAPTIST CHURCH FOR NEW MEAL SITE – OFFICE FOR THE AGING WHEREAS, a request has been made by community members in the Town of Orange to have a congregate meal site for individuals age 60 and over, and WHEREAS, Schuyler County Office for the Aging has a congregate meal program and can provide this service, and WHEREAS, the Monterey Baptist Church has offered the use of its facility at no charge, and WHEREAS, Office for the Aging has the funds in the IIIC1 and SNAP programs to cover the associated expenses. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with the Monterey Baptist Church to provide the location for a congregate meal site through the Schuyler County Office for the Aging for the term of January 1, 2008 through December 31, 2008, said contract subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 457 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE THE CREATION AND FILLING OF A PART-TIME VETERANS SERVICE OFFICER POSITION – VETERANS SERVICES AGENCY WHEREAS, there are funds available in the 2008 budget for a part-time Service Officer position in the Veterans Service Agency, and WHEREAS, this position is needed for data entry of records, to provide assistance to veterans with insurance claims and appeals, and transportation, and WHEREAS, the Veterans Service Agency Director is requesting to create this position subject to the approval of the County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the Veterans Service Agency is hereby authorized to create and fill a part-time Veterans Service Officer position at a 2008 hourly rate of $14.36, to work 15 hours per week, to be placed in Grade 6, as set for in the Administrative Contract. Vote: 7-0. RESOLUTION NO. 458 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE A CONTRACT RENEWAL WITH CORNELL COOPERATIVE EXTENSION FOR FOOD STAMP NUTRITION PROGRAM – SOCIAL SERVICES WHEREAS, the New York State Office of Temporary and Disability Assistance by letter dated October 18, 2007 notified the Department of Social Services of the approval of Cornell Cooperative Extension’s Food Stamp Nutrition Plan (FSNEP) program in the amount of $130,000 ($65,000 non-federal funds and $65,000 federal funds) for the period October 1, 2007 through September 30, 2008. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Cornell Cooperative Extension for the New York State’s Food Stamp Nutrition Education Plan for the period October 1, 2007 through September 30, 2008, funding available in the Department of Social Services account no. 6010.566; subject to approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 459 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH SCHUYLER COUNTY YOUTH BUREAU FOR PINS DIVERSION SERVICES – SOCIAL SERVICES WHEREAS, the Department of Social Services has been allocated funding in the amount of $40,000 under the Detention Prevention Grant, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 175 WHEREAS, the Department of Social Services has additional funding for its Flexible Fund for Family Services (FFFS) program, and WHEREAS, the Department of Social Services wishes to contract with the Schuyler County Youth Bureau, through the Families First Program, in the amount of $106,141, (including salaries and $1,500 wrap around funds) to provide PINS Diversion Services and Detention Prevention services to decrease the number of Schuyler County youth being referred for PINS petitions, and WHEREAS, the Youth Bureau, through Families first, will provide two Crisis and Prevention (CAP) workers to respond immediately for PINS Diversion cases and to work with the whole family, (as mandated by NYS) in the family’s home, including early intervention, preschool, children with special health care needs and children and adult SPOA/E and PINS Diversion. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract not to exceed $106,141, (includes salaries and $1,500 wrap around funds) with the Schuyler County Youth Bureau for PINS Diversion services for the Department of Social Services for the term January 1, 2008 through December 31, 2008, funding available in account no. 6010.552; subject to approval by the County Attorney. Vote: 7-0. RESOLUTION NO. 460 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE CONTRACTS WITH CORNELL COOPERATIVE EXTENSION, SCHUYLER HEAD START, CSS WORK FORCE NEW YORK, AND RAPE CRISIS FOR PHONE SERVICE – BUILDINGS AND GROUNDS BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute ongoing contracts with the following agencies for telephone service in the new Human Services Complex at a cost to include a line charge to be determined per Resolution 530-94, plus 15% administrative cost per line, with call costs to be billed at cost, subject to approval of the County Attorney: Cornell Cooperative Extension Schuyler Head Start CSS Work Force New York Rape Crisis Vote: 7-0. RESOLUTION NO. 461 Motion by Larison, Second by Bleiler. RE: AUTHORIZE CONTRACT WITH SCHUYLER HEAD START FOR CLEANING SERVICES – BUILDINGS AND GROUNDS WHEREAS, Schuyler Head Start has requested Schuyler County Buildings and Grounds to provide cleaning services for their classrooms and bathrooms, and WHEREAS, the contract cost for said service is to be $1,000 per month with the term of this contract being November 1, 2007 through June 30, 2008 and September 1, 2008 through December 31, 2008. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Schuyler Head Start per conditions above, subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 462 Motion by Larison, Second by Bleiler. RE: AUTHORIZE CHANGE ORDER NUMBER ONE WITH DAY AUTOMATION SYSTEMS - BUILDINGS AND GROUNDS WHEREAS, Resolution No. 275-07 authorized a contract with Day Automation Systems to install a Security System in all county buildings for a total contract price of $271,741, and WHEREAS, the county has requested various changes to the security system, and WHEREAS, the Public Works Committee has reviewed the referenced change and recommends authorization thereof as follows: Original Contract Amount $271,741.00 Net Change by Previously Authorized Change Orders $0 Total Contract Amount Prior to this Change Order $271,741.00 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 176 Amount Contract will Increase by this Change Order $7,283.00 New Total Contract Amount $279,024.00, and WHEREAS, funding is available in Capital Reserve account no. 004-1620-209 to pay for said increase. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign Change Order #1 proposal at a cost of $7,283 with Day Automation Systems, subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 463 Motion by Larison, Second by Bleiler. RE: AMEND THE PHOTO ID/CARD ACCESS POLICY – BUILDINGS AND GROUNDS WHEREAS, due to improved technology with the Human Services Complex, the process and policy for photo IDs needs to be amended. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby amends the Policies & Procedures Manual, effective immediately, as follows: PHOTO ID / CARD / KEY ACCESS POLICY Schuyler County requires all employees, contractual workers, volunteers, interns and temporary employees to have a Photo ID Card which also serves as access to permitted areas of the buildings. Photo ID Cards are required to be conspicuously displayed at all times during respective business hours. PHOTO ID / CARD: All new employees, contractual workers, volunteers, interns and temporary employees will be issued a County Photo ID Card with appropriate building access as soon as possible after their orientation appointment. Photo ID Cards will be processed by the Buildings and Grounds Department who will directly bill the respective Department, on a quarterly basis, for Photo ID Cards processed. In instances where employees request replacement cards for such reasons as name change, departmental change, normal wear and tear, etc. the replacement cards will be paid for by the County Department in which the employee is working at the time of the request. The fee for replacement ID cards due to negligence of the employee (loss of card, mutilation of card, etc.) will be the responsibility of the employee; payment due at Photo ID appointment. Photo ID / Card Fee: $10.00. All Photo ID Card replacement requests shall originate from the employee’s Department Administrator and processed through the Human Resources Department. DOOR KEYS: Door Key needs will be determined by the respective Department Administrator and processed by the Buildings and Grounds Department. The fee for replacement door keys due to the negligence of the employee will be the responsibility of the employee; payment due upon request of replacement key. All key replacement requests must originate from the employee’s Department Administrator to the Building and Grounds Department for reissuing and payment of fee. Door Key Fee: $5.00. ADMINISTRATION: It is the responsibility of each Department Administrator to enforce this policy. Department Administrators will be responsible for designating building access for their respective employees. Department Administrators are to insure that non-county workers with card access and keys are scheduled for an exit interview with Human Resources if appropriate. Otherwise they are responsible for collecting access cards and keys to be returned to Human Resources. Lost access cards are to be reported immediately to the Building and Grounds Department for deactivation. Vote: 7-0. RESOLUTION NO. 464 Motion by Larison, Second by Yuhasz. RE: ABOLISH SCHUYLER COUNTY KEY POLICY - BUILDINGS AND GROUNDS WHEREAS, Schuyler County has installed a security system with card access to County buildings, and WHEREAS, the access cards are also employee ID badges, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 177 WHEREAS, the County Photo ID policy has been amended to cover the issuance of building access cards as well as door keys. NOW, THEREFORE, BE IT RESOLVED, that the County Key Policy be abolished and removed from the Policies and Procedures Manual. Vote: 7-0. RESOLUTION NO. 465 Motion by Larison, Second by Yuhasz. RE: REJECT ALL BIDS FOR CONSTRUCTION OF CR 23 CULVERT BETWEEN THE LAKES REPLACEMENT PROJECT AND AUTHORIZE ADVERTISEMENT FOR RE-BID OF CR 23 CULVERT REPLACEMENT- HIGHWAY DEPARTMENT WHEREAS, Resolution No. 170-07 authorized the advertising for bids for construction of the CR 23 Culvert Replacement project, and WHEREAS, bids were opened on October 23, 2007 and all bids were over budget and reviewed with the recommendation being made by HUNT Engineers to reject all bids, and WHEREAS, changes in specifications have been made. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for a re-bid of the Replacement of CR 23 Culvert with specification changes, and BE IT FURTHER RESOLVED, that all bids received on October 23, 2007 be rejected. Vote: 7-0. RESOLUTION NO. 466 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE THE CREATION AND FILLING OF ONE PART-TIME AUTOMOTIVE MECHANIC HELPER POSITION – HIGHWAY DEPARTMENT WHEREAS, an additional part-time Automotive Mechanic Helper position is needed in the Highway Department, and WHEREAS, this position will be used to service Central Garage vehicles, and WHEREAS, this position has funding available in the 2008 Central Garage Budget. WHEREAS, the Highway Superintendent is requesting to create this position subject to the approval of the County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent is hereby authorized to create and fill a part-time Automotive Mechanic Helper position at a 2008 hourly rate of $14.02, to work 16 hours per week, to be set for in the Highway Union Contract. Vote: 7-0. RESOLUTION NO. 467 Motion by Karius, Second by Bleiler. RE: AUTHORIZE ADVERTISEMENT FOR BIDS ON EQUIPMENT - 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 2008 Machinery budget for the purchase of the following equipment: e. 1-Pick-up Truck – CG f. 1-4X4 Sport Utility - DSS g. 2-Vehicles-CG h. 1-Bulldozer – Highway i. 1 Stake body – Highway j. 2 one ton dump trucks – Highway k. 1 Pickup Truck – Highway l. 1 Utility Truck – Highway. NOW, THEREFORE, BE IT 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. Vote: 7-0. RESOLUTION NO. 468 Motion by Karius, Second by Bleiler. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 178 RE: AUTHORIZE AMENDING THE 2007 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 2007 Early Intervention budget, as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$25,000 4054.490 Contractual Expense +$25,000 4054.1621 Revenue Vote: 7-0. RESOLUTION NO. 469 Motion by Karius, Second by Bleiler. RE: AUTHORIZE INCREASE IN STAFF SALARY FOR 2008 – COMMUNITY SERVICES WHEREAS, the full-time staff position in the Mental Health Clinic is a professional position which requires that salary increases be approved by the Legislature, and WHEREAS, the position is currently filled by Dr. Mihai Dascalu at an annual salary of $130,000, which salary has remained unchanged since January 1, 2006, and WHEREAS, the retention of a full-time is crucial to the operation of the Mental Health Clinic, both financially and in the delivery of mental health services, and WHEREAS, the salary increase is included in the 2008 Mental Health budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves a salary increase for the full-time staff position in the amount of $10,000, to go from $130,000 to $140,000 annually, effective January 1, 2008. Vote: 7-0. RESOLUTION NO. 470 Motion by Larison, Second by Bleiler. RE: APPROVAL OF THE 2008-09 ANNUAL IMPLEMENTATION PLAN AND FOUR YEAR PLAN – OFFICE FOR THE AGING WHEREAS, the Schuyler County Legislature has established an Office for the Aging in Schuyler County, and WHEREAS, the Office for the Aging is required to submit an Annual Implementation Plan and every four years, a four year plan, which includes plans for programs operated by the Office for the Aging, as follows: Title IIIB of the Older American’s Act Titles IIIC1 and IIIC2 of the Older American’s Act Title IIID of the Older American’s Act Title IIIE of the Older American’s Act Expanded In-Home Services for the Elderly Program (EISEP) Community Services for the Elderly Program Congregate Services Initiative Program Supplemental Nutrition Assistance Program (SNAP) The Weatherization Referral & Packaging Program Health Insurance Information, Counseling and Assistance Program Long Term Care Insurance Education and Outreach Program Transportation Point of Entry, and WHEREAS, the Plan requires approval by the Schuyler County Legislature before submitting the Plan in December 2007, and WHEREAS, the Public Hearing on the Annual Implementation Plan was held, as required, on October 16, 2007 at 2:30 PM at the Offices of the Schuyler County Office for the Aging and on October 17, 2007 at 11:00 AM at the Tyrone United Methodist Church, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 179 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 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: 7-0. RESOLUTION NO. 471 Motion by Larison, Second by Bleiler. RE: RESOLUTION IN SUPPORT OF INCREASED AVAILABILITY OF HEALTH CARE PROVIDERS FOR THE EMPIRE INSURANCE PLAN PROVIDING PHYSICAL THERAPY SERVICES IN SCHUYLER COUNTY WHEREAS, Schuyler County is a rural County with limited access to healthcare providers, and WHEREAS, Schuyler County is one of New York’s smallest counties in population, and success in establishing and fostering a rural hospital can be difficult, and WHEREAS, many of our County residents subscribe to the Empire plan for their Healthcare needs, and WHEREAS, there currently is only one physical therapy and rehabilitative services provider within the confines of our county that is a participating provider through the Managed Provider Network of the Empire Plan, and WHEREAS, with such a limited choice, travel out of county to access other participating providers in this specialty is increasingly costly both in time of travel and in transportation cost, and it is difficult for individuals to pay additional money to see a non-participating provider and WHEREAS, Schuyler Hospital’s Physical Therapy department has been serving the community of Schuyler County for countless years and the department, without participation in the Empire Plan have to regularly turn away patients, and WHEREAS, Schuyler Hospital has been denied participating provider status through the Empire Plan, this on the premise of being told that they are not soliciting applications in our area for the new York State Empire Plan, and WHEREAS, Schuyler hospital happens to be the County’s primary healthcare provider and one of its major employers, and WHEREAS, the hospital is a New York State Empire Plan provider for everything except Physical Therapy. NOW, THEREFORE, BE IT RESOLVED, that a letter of support from the Schuyler County Legislature be used in Schuyler Hospital’s appeal from denial, of their application to be included in the Empire Plans' network of participating providers, and BE IT FURTHER RESOLVED, that this Resolution supports Governor Spitzer’s Patients First initiative in restructuring our health care system to decrease costs while increasing coverage, and BE IT FURTHER RESOLVED, that copies of this resolution and said letter of support be forwarded to the ACN Group (MPN) Network Management, the New York State Employees Union, the New York State Insurance Department, Superintendent, Eric R. Dinallo, New York State Senator, George H. Winner, Jr., Chairman of the Legislative Commission on Rural Resources, New York State Thomas F. O’Mara, Governor of the State of New York, Eliot Spitzer, and the Upstate Co-Chairman for the Economic Development Corporation, Daniel Gundersen in his capacity as head of economic development for upstate and rural New York encouraging his support of all legislation and regulations that would preclude future denials as above of qualified providers that are willing to invest in and practice their specialty, in rural areas of our upstate New York communities. Vote: 7-0. RESOLUTION NO. 472 Motion by Larison, Second by Yuhasz. RE: MOTION TO BRING THREE ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that three additional Resolutions be brought to the floor. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 180 Vote: 7-0. MOTION by Legislator Larison, SECOND by Legislator Fagan to go into executive session to discuss employee work history. Motion carried seven ayes to zero noes. MOTION by Legislator Larison, SECOND by Legislator Yuhasz to come out of executive session. Motion carried seven ayes to zero noes. RESOLUTION NO. 473 Motion by Marcellus, Second by Fagan. RE: APPOINTMENT – SCHUYLER COUNTY PUBLIC DEFENDER WHEREAS, the position of Public Defender will become vacant effective January 1, 2008. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoint Attorney Holly Mosher as Schuyler County Public Defender effective January 1, 2008 for a four year term to expire December 31, 2011 at an annual salary of $77,500. Vote: 6-1. No: Larison. RESOLUTION NO. 474 Motion by Larison, Second by Bleiler. RE: AUTHORIZE AMENDING THE 2007 BUDGET FOR WATERSHED REVENUES – PUBLIC HEALTH WHEREAS, Resolution No. 202-07 authorized an inter-municipal agreement with the Towns of Orange and Tyrone for wastewater management including a payment to the Watershed Protection Agency in the amount of $10,000, and WHEREAS, the revenue and expense budget for this program was omitted from the original Resolution. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2007 Public Health Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION + $ 4,000 4050.100 Personnel + $ 6,000 4050.435 Professional Fees & Services +$10,000 4050-1609 Revenue Vote: 7-0. RESOLUTION NO. 475 Motion by Larison, Second by Bleiler. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE PURCHASING SPECIALIST – TREASURER’S OFFICE BE IT RESOLVED, that this Legislature acknowledge the appointment by Margaret Starbuck, County Treasurer, of Thomas R. Donnells as Purchasing Specialist, effective December 17, 2007, to be placed in Grade D of the Management/Confidential Salary Plan at an annual salary of $36,500. Vote: 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None. COUNTY ADMINISTRATOR’S REPORT: County Administrator O’Hearn informed the Legislators that he has spent some time with the architect working on Phase II to remodel the County Office Building here in Watkins Glen. They have had some very productive meetings. He also reported that the Shared Municipal Services Incentive Grant application is due this Friday, December 14, 2007 and is almost complete and ready to be mailed. He is very hopeful. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:05 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Personal Secretary YEAR END MEETING DECEMBER 27, 2007 The December 27, 2007 Year End 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 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 181 a Moment of Silence. All Legislators were present except Legislators Gifford and Marcellus who were excused. County Attorney Coleman was excused. County Administrator O’Hearn was present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 476 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE GRANT APPLICATION WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES – SHERIFF’S OFFICE WHEREAS, the New York State Division of Criminal Justice Services has awarded $15,000.00 in grant funding to the Southern Tier Law Enforcement Academy for the implementation of a training program utilizing Force on Force Techniques for area law enforcement agencies, and WHEREAS, the Schuyler County Sheriff’s Office will act as the lead agency in administering the grant with the Southern Tier Law Enforcement Academy, and WHEREAS, there are no matching funds required by the county. 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, said documents subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 477 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AMENDING THE 2007 BUDGET FOR THE WATERSHED PROTECTION AGENCY – PUBLIC HEALTH WHEREAS, increased work volume has resulted in various Watershed Protection Agency accounts to go over budget, and WHEREAS, there has also been a corresponding increase in revenue. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2007 Public Health Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION + $ 1,000 4050.100 Personnel + $ 2,500 4050.435 Professional Fees + $ 1,500 4050.444 Car Operation + $ 5,000 4050.476 Sampling + $10,000 4050.1609 Revenue Vote: 6-0. RESOLUTION NO. 478 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE A GRANT APPLICATION FOR A RECORDS MANAGEMENT GRANT FOR THE WATERSHED PROTECTION AGENCY - PUBLIC HEALTH WHEREAS, the Local Government Records Management Improvement Fund through the New York State Archives has funding in the 2008 - 2009 funding cycle to assist with record management, and WHEREAS, funding in the amount not to exceed $75,000, will enable the Watershed Protection Agency to integrate a new digital records management system for all private water supplies and septic systems currently on record in a paper format, and WHEREAS, this funding will also increase the efficiency of services provided to the residents of Schuyler County and provide access to information in a timely manner, and WHEREAS, there are no matching grant funds required from the County. 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, said documents subject of the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 479 Motion by Bingell, Second by Bleiler. E: AUTHORIZE AMENDING THE 2007-2008 CONTRACT WITH THE BONADIO GROUP - MENTAL HEALTH WHEREAS, Resolution No. 388-07 authorized a compliance review contract with the Bonadio Group, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 182 WHEREAS, additional services are required to accomplish a more thorough review. NOW, THEREFORE, BE IT RESOLVED, that the Chairman be hereby authorized to execute a contract amendment with the Bonadio Group on behalf of Schuyler County Health Services in an additional amount not to exceed $19,000, making the total contract amount not to exceed $30,000, finding available in the 2007-2008 Public Health account no. 4010.435-Professional Fees and Services and Mental Health account no. 4310.435- Professional Fees and Services, subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 480 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE INCREASING THE HOURS OF THE PART-TIME KEYBOARD SPECIALIST POSITION TO FULL-TIME – SOCIAL SERVICES WHEREAS, the Department of Social Services (DSS) is tasked with moving all able bodied recipients from welfare to work, and WHEREAS, the Department must take advantage of all available resources to accomplish this goal, and WHEREAS, the Chemung-Schuyler-Steuben (CSS) Workforce New York Career Center has services available to assist the DSS clients find and maintain employment, but limited staff resources to guide and direct those clients who are not computer literate, and WHEREAS, DSS is also determined to re-engage those individuals considered to be “happily sanctioned” in employment activities by showing them the benefits of complying with employment requirements and persuading them to work toward self-sufficiency, and WHEREAS, providing an opportunity for these individuals to meet with a DSS representative in a more relaxed, non-DSS setting may prove more successful than previous efforts, and WHEREAS, increasing the hours of the current keyboard specialist position to full-time and assigning that position to the Career Center half-time, will allow the Department to maximize our clients ability to take advantage of the resources available through the CSS Workforce NY system and ensure that every possible effort is being made to move them from Welfare to Work, and WHEREAS, funding for these additional hours is included in the 2008 budget, account no. 6010.100- Personnel at an approximate local share cost of 25%. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the increase the hours from part-time to full-time for the keyboard specialist position in the Department of Social Services, effective January 1, 2008. Vote: 6-0. RESOLUTION NO. 481 Motion by Bingell, Second byYuhasz. RE: AUTHORIZE THE CREATION AND FILLING OF ONE FULL-TIME SENIOR WELFARE EXAMINER POSITION – DEPARTMENT OF SOCIAL SERVICES WHEREAS, a full-time Senior Social Welfare Examiner position is needed in the Fraud Unit of the Department of Social Services to concentrate on resource recovery, to include collection of debts, completion of all required local, state and federal reports and insure compliance with all state and federal mandates as they relate to resource recovery; and WHEREAS, there is funding available for this position in the 2008 Department of Social Services Budget at the rate of $14.98 per hour in account no. 6010.100-Personnel, of which approximately 75% of the total salary will be reimbursed from State and Federal funds, and WHEREAS, the Commissioner of Social Services is requesting to create this position subject to the approval of the County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Social Services is hereby authorized to create and fill a full-time Senior Social Welfare Examiner position in the Fraud and Legal Affairs Unit at a 2008 hourly rate of $14.98, to work 35 hours per week, to be placed in Grade 7, as set forth in the Administrative Unit Contract. Vote: 6-0. RESOLUTION NO. 482 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AMENDING THE 2007 BUDGET FOR MEDICAID – SOCIAL SERVICES ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 183 WHEREAS, the Schuyler County Department of Social Services has unanticipated revenue in 2007 in the amount of $273,563 from the Medicaid Local Share Cap reconciliation, $25,000 in Non-Residential Domestic Violence, and $46,944 for the Summer Youth Employment Program, and WHEREAS, the Department of Social Services also has unbudgeted expenses for 2007. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2007 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$273,563 6100-3600 Medicaid Revenue 71,944 6010-4610 Federal Aid – Administration +$345,507 Total Revenue Increase + $ 51,967 6100.400 Medicaid + $ 25,000 6010.370 Non-Residential Domestic Violence + $ 46,944 6010.484 Employment Programs + $ 50,850 6010.204 Cars +$170,746 6010.279 Workstations +$345,507 Total Appropriations Vote: 6-0. RESOLUTION NO. 483 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME CLEANER POSITION – BUILDINGS AND GROUNDS WHEREAS, after deducting the old Office for the Aging and the Rural Urban Center square footage from the new Human Services Complex, we have a net increase of 31,000 square footage to maintain and clean, and WHEREAS, 15,000 square feet is an average area to be maintained by a cleaner, and WHEREAS, the Buildings and Grounds is requesting to create this position, upon the approval of the County Administrator, and WHEREAS, funding for this position is included in the 2008 budget. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor is hereby authorized to create and fill a full-time Cleaner position at an hourly rate of $10.39, to be placed in Grade 1, as set forth in the Administrative Unit Contract. Vote: 6-0. RESOLUTION NO. 484 Motion by Fagan, Second by Bingell. 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 2007 accounts, to wit: Department To From 1010.100 $12,014.73 1010.409 $3,354.49 1010.410 $409.61 1010.414 $689.61 1010.431 $5.38 1010.631 $59,634.39 1165.100 $67,819.93 1165.200 $217.43 1165.328 $289.24 1165.407 $1.98 1165.409 $997.65 1165.410 $104.32 1165.416 $326.49 1165.430 $108.64 1165.431 $210.69 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 184 1165.433 $350.77 1165.439 $79.17 1165.443 $12.06 1165.538 $500.00 1170.100 $3,130.07 1170.400 $2,500.00 1170.410 $212.72 1170.430 $3.40 1170.431 $114.49 1170.433 $52.63 1170.435 $31,636.04 1170.439 $192.67 1170.563 $4,194.99 1170.605 $11,532.81 1185.400 $9,338.42 1185.409 $89.00 1185.430 $54.75 1185.431 $250.00 1230.100 $0.22 1230.328 $35.02 1230.409 $1,019.48 1230.431 $17.76 1230.439 $6.55 1325.100 $560.63 1325.101 $1,000.00 1325.409 $696.99 1325.410 $1,670.38 1325.431 $518.87 1325.433 $2,315.13 1325.435 $250.75 1325.439 $538.40 1355.100 $1,670.80 1355.400 $631.88 1355.577 $10,240.00 1410.100 $3,052.51 1410.407 $137.00 1410.409 $298.50 1410.410 $438.51 1410.426 $50.93 1410.428 $316.00 1410.431 $4.81 1410.433 $94.54 1410.439 $2.57 1420.100 $8,583.43 1420.407 $418.70 1420.410 $266.05 1420.431 $84.92 1420.438 $88.17 1420.439 $30.98 1420.443 $4,679.16 1430.100 $196.96 1430.410 $151.42 1430.429 $856.78 1430.431 $208.16 1430.433 $6.78 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 185 1430.435 $507.00 1430.439 $26.09 1430.459 $6,114.43 1431.402 $1,296.10 1431.410 $722.98 1431.417 $369.00 1431.431 $1,810.75 1431.459 $963.04 1450.100 $817.78 1450.402 $1,397.17 1450.408 $546.87 1450.409 $2,108.81 1450.410 $443.82 1450.417 $1,550.00 1450.426 $1,298.27 1450.430 $2,113.18 1450.431 $19.00 1450.433 $5,833.24 1450.434 $12,592.42 1450.435 $18,692.20 1450.439 $473.35 1460.100 $485.19 1460.409 $265.00 1460.428 $278.05 1460.431 $0.98 1460.439 $14.14 1610.100 $158.88 1610.200 $10,000.00 1610.400 $2,563.54 1610.426 $1,856.04 1610.439 $14,202.00 1620.100 $7,350.37 1620.101 $1,705.50 1620.200 $380.00 1620.328 $83.37 1620.400 $14,413.15 1620.410 $55.20 1620.427 $376.36 1620.431 $136.07 1620.433 $51.90 1620.435 $4,630.00 1620.439 $583.83 1620.441 $180.40 1620.442 $4,647.04 1620.448 $644.00 1620.449 $433.54 1620.490 $450.27 1622.100 $4,616.06 1622.101 $444.02 1622.309 $6.00 1622.427 $6.00 1660.434 $234.98 1680.100 $0.04 1680.200 $6,029.33 1680.400 $5,293.29 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 186 1680.410 $246.47 1680.431 $6.10 1680.459 $1,575.82 1910.419 $22,951.56 1910.423 $8,408.90 1990.500 $177,831.00 2960.400 $8,821.54 2960.440 $8,821.54 3020.200 $35,015.00 3020.400 $2,425.92 3020.430 $557.36 3020.438 $48.82 3110.100 $39,727.37 3110.201 $1,459.56 3110.204 $20,083.87 3110.317 $17,650.09 3110.441 $295.83 3110.537 $238.02 3112.101 $1,173.46 3112.102 $1,173.46 3140.100 $3,125.81 3140.328 $35.75 3140.382 $510.59 3140.407 $13.50 3140.409 $21.94 3140.410 $210.03 3140.412 $1,075.00 3140.426 $100.00 3140.430 $128.85 3140.431 $339.91 3140.433 $46.80 3140.439 $157.34 3150.100 $49,583.09 3150.101 $10,960.13 3150.102 $14,941.86 3150.119 $23,392.87 3150.201 $1,846.46 3150.400 $160.00 3150.401 $81.01 3150.410 $672.54 3150.411 $1,024.54 3150.418 $3,785.72 3150.429 $3,734.50 3150.431 $288.51 3150.433 $820.56 3150.434 $522.00 3150.439 $110.77 3150.441 $1,686.39 3150.442 $9,498.37 3150.445 $1,317.63 3150.449 $1.25 3150.454 $2,149.46 3150.456 $10,435.00 3150.457 $3,099.26 3150.459 $1,702.89 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 187 3150.501 $500.00 3150.539 $98.60 3510.100 $0.80 3510.101 $735.53 3510.102 $606.64 3510.201 $500.00 3510.400 $2,196.16 3510.442 $4,039.13 3689.100 $207.76 3689.328 $9.29 3689.402 $21.90 3689.403 $95.00 3689.410 $94.50 3689.426 $0.53 3689.433 $24.68 3689.439 $0.11 3689.440 $54.65 3689.444 $151.86 3689.458 $102.76 4010.100 $58,086.64 4010.278 $33,719.49 4010.402 $133.02 4010.429 $2,410.16 4010.435 $5,973.39 4010.439 $353.77 4010.444 $1,276.18 4010.448 $33.75 4010.478 $20.80 4010.490 $13,867.08 4010.532 $299.00 4042.358 $85.48 4042.429 $85.48 4050.100 $239.61 4050.200 $263.41 4050.478 $23.80 4310.100 $53,476.94 4310.278 $53,027.51 4310.328 $21.34 4310.410 $434.09 5010.200 $1,190.67 6010.100 $413.33 6010.101 $225.83 6010.115 $2,120.00 6010.338 $135.00 6010.395 $727.05 6010.407 $251.90 6010.431 $176.88 6010.459 $186.00 6010.482 $2,473.00 6410.400 $20.10 6410.436 $44,447.68 6510.100 $267.11 6510.410 $22.85 6510.430 $4.68 6510.431 $23.51 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 188 6510.433 $1.61 6510.439 $22.43 6510.454 $50.00 6510.459 $120.25 6610.431 $31.27 6610.439 $31.27 7110.100 $503.84 7110.442 $0.68 7110.449 $90.14 7310.100 $17,089.36 7310.120 $17,294.03 7310.410 $204.67 7510.100 $11.42 7510.400 $11.42 7989.400 $25,575.00 9055.806 $3,743.33 9060.807 $88,171.44 9060.808 $18,017.38 9060.809 $5,461.04 9060.810 $365.00 9060.811 $2,126.92 Total General Fund $677,404.65 $677,404.65 5010.100 $960.20 5010.328 $56.36 5010.402 $109.71 5010.407 $42.60 5010.409 $160.00 5010.410 $882.57 5010.431 $391.22 5010.433 $365.35 5010.439 $39.35 5010.442 $291.11 5020.400 $17,178.89 5110.100 $10,460.74 5110.101 $795.74 5110.400 $262.48 5110.510 $603.66 5110.511 $224.55 5110.512 $0.40 5110.513 $1,728.74 5110.516 $199.27 5110.517 $139.68 5110.518 $7,472.30 5110.519 $3,883.00 5110.520 $0.83 5110.522 $0.35 5110.544 $143.51 5120.322 $1.00 5120.400 $1.00 5142.100 $6,589.32 5142.101 $13,555.86 5142.400 $4,546.18 5142.438 $340.82 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 189 9010.801 $4,912.46 9055.806 $285.77 Total County Road $38,312.51 $38,312.51 5130.100 $1,295.21 5130.101 $89.42 5130.213 $155.75 5130.236 $71.09 5130.284 $1,170.20 5130.299 $70,483.00 5130.309 $1,310.62 5130.438 $23,952.66 5130.439 $55.41 5130.441 $3,717.65 5130.442 $3,073.12 5130.453 $0.01 5130.459 $782.98 5130.488 $236.65 5130.526 $5,469.48 5130.528 $234.04 5130.529 $2.17 5130.531 $147.67 5130.536 $57.83 5131.100 $1,641.46 5131.431 $631.59 5131.439 $150.00 5131.442 $99.32 5131.457 $1,348.05 5131.526 $32,188.94 9010.801 $1,226.78 9030.802 $288.80 Total Machinery $74,939.95 $74,939.95 , 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. 485 Motion by Fagan, Second by Bingell. RE: ACCEPT THE HUMAN SERVICES COMPLEX BUILDING COST ANALYSIS DONE BY VENESKY & COMPANY FOR 2007-2008 WHEREAS, Resolution No. 321-07 authorized the County’s Cost Allocation firm Venesky & Company to provide additional services relative to the new Human Services Complex, and WHEREAS, said additional services resulted in a Human Services Complex Building Cost Analysis report that compared projected operating costs with Maintenance In Lieu of Rent (MLR) and reviewed building expense records related to the capital account and recommend the allocation of capital costs to specific departments to enhance/maximize County reimbursements. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the 2007 Human Services Complex Building Cost Analysis recommendations. Vote: 6-0. RESOLUTION NO. 486 Motion by Fagan, Second by Bingell. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 190 RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. HIGHWAY UNIT WHEREAS, the County and the Union ratified a collective bargaining agreement for the term January 1, 2006 through December 31, 2009, and WHEREAS, there is a need to amend Article I, VI and Exhibit 1 to reflect the addition of a part-time position. NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature be hereby authorized to enter into a Memorandum of Understanding with the Civil Service Employee’s Association, Inc. Highway Unit to amend Article I, VI and Exhibit 1; subject to approval of labor counsel. Vote: 6-0. RESOLUTION NO. 487 Motion by Fagan, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH COTT SYSTEMS FOR AN INDEXING PROJECT – COUNTY CLERK WHEREAS, the County Clerk contracts with Cott Systems for microfilm indexing services, and WHEREAS, there are older indexes that are not on the new computer index system and need to be microfilmed. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Cott Systems for the County Clerk’s Office for microfilm indexing services for the term effective upon signing of the agreement, funding available in the 2008 budget account no. 1410.428- Microfilming; subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 488 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPLICATION FOR COUNTY-WIDE ASSESSING NEEDS ASSESSMENT GRANT WHEREAS, the County of Schuyler is submitting a request for grant funds from the New York State Office of Real Property Services for a project to conduct a needs assessment exploring the feasibility of county- wide assessing, and WHEREAS, the grant application must be submitted no later than December 31, 2007. 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. Vote: 6-0. RESOLUTION NO. 489 Motion by Bingell, Second by Fagan. RE: COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2007 FOR THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE TOWNS OF ORANGE AND TYRONE, IN THE COUNTY OF SCHUYLER, AND STATE OF NEW YORK Pursuant to Sections 270 and 271 of the County Law of the State of New York. WHEREAS, the assessment roll for the year 2007 for the Lamoka/Waneta Lakes’ Protection and Rehabilitation District in the Towns of Orange & Tyrone, in the County of Schuyler, and State of New York for the budget year 2008 has been completed and properly filed with the Schuyler County Real Property Tax Service Agency at its office in the Schuyler County Office Building at 105 Ninth Street, Watkins Glen, New York, for review and inspection by the public and interested parties, and WHEREAS, proper notice of the completion and filing of said assessment roll and also proper notice that the Public Hearing on the assessment roll would be held by the County Legislature of the County of Schuyler in the Legislative Chambers in the County Office Building, 105 Ninth Street, Watkins Glen on December 27, 2007 at 1:35 P.M. to hear and consider any objections pertaining to said assessment roll, and WHEREAS, due and proper proof of the publication of the notice of the aforesaid Public Hearing has been filed in the Office of the Clerk of the Legislature, and WHEREAS, the aforesaid Public Hearing was duly held on the 27th day of December, 2007, and any ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 191 persons appearing in regard to the said assessment roll having been heard. NOW, THEREFORE, BE IT RESOLVED, said assessment roll for the year 2007 for the Lamoka/Waneta Lakes District in the Towns of Orange & 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. 490 Motion by Bingell, Second by Fagan. RE: DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT TAXES DUE JANUARY 2008 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 2008, 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. 491 Motion by Larison, Second by Bingell. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY EMERGENCY MANAGEMENT COORDINATOR BE IT RESOLVED, that this Legislature acknowledge the appointment by William Kennedy, Emergency Management Coordinator of Brian Gardner as Deputy Emergency Management Coordinator at an annual salary of $20,284, effective January 7, 2008, said position is in Grade Level G of the Management/Confidential Salary Plan. Vote: 6-0. RESOLUTION NO. 492 Motion by Larison, Second by Bingell. RE: AUTHORIZE AMENDING THE 2007 BUDGET – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services has funds available in foster care accounts to cover a shortfall in the Family Assistance account for EAF foster care, and WHEREAS, the Department of Social Services also needs to transfer funds to pay for furniture, telephones, and other technology costs in the new Human Services Complex. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2007 budget as follows: Expenses: AMOUNT ACCOUNT NO. DESCRIPTION + $ 34,700 6010.208 Computer Equipment +$182,700 6010.209 Telephone and Security Systems + $ 21,300 6010.212 Files + $ 2,000 6010.242 Television +$207,600 6010.279 Workstations +$150,000 6109.400 Family Assistance ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 192 - $ 90,000 6119.400 Child Care - $ 20,000 6123.400 Juvenile Delinquency - $ 40,000 6129.400 State Training Schools - $ 30,000 6140.400 Safety Net -$418,300 6141.400 HEAP $0 Net Expense Changes Revenue: AMOUNT ACCOUNT NO. DESCRIPTION 15,000 6010-3610 State Aid – Administration +$418,300 6010-4610 Federal Aid – Administration + $ 35,000 6109-3609 State Aid – Family Assistance 40,000 6109-4609 Federal Aid – Family Assistance - $ 27,000 6119-3619 State Aid – Child Care - $ 40,000 6119-4619 Federal Aid – Child Care - $ 8,000 6123-3623 State Aid - JD - $ 15,000 6140-3640 State Aid – Safety Net -$418,300 6141-4641 Federal Aid – HEAP $0 Net Revenue Change Vote: 6-0. RESOLUTION NO. 493 Motion by Larison, Second by Bingell. RE: AUTHORIZE AMENDING THE 2007 BUDGET FOR THE PRESCHOOL SPECIAL EDUCATION PROGRAM – PUBLIC HEALTH WHEREAS, the Preschool Special Education Program has an increase in number of children attending Special Education Programs and who need transportation, and WHEREAS, the cost of the program is set by the New York State Department of Education and the costs to transport has increased after the bid process. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2007 Preschool Special Education budget, as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$100,000 2960.400 Contractual Expense + $50,000 2960.440 Transportation + $90,000 2960-3277 Revenue + $ 2,000 2960-1689 Revenue + $58,000 2960-3401 State Aid Vote: 6-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. PUBLIC PARTICIPATION: None. The Meeting adjourned at 1:41 p.m. Stacy B. Husted, Clerk ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 193 A Abolish Caseworker Position, 19 Key Policy, 176 Adoption Half Day Holiday, 169 Purchasing Policy, 3 Revised Fee Public Health, 15 Salary Schedule, 2 Ag District Lead Agency, 112 Modification, 166 Reading, Dix Tyrone & Orange, 36 Schuyler Lead Agency, 94 Agreement/Contract/Proposal Access Systems, 76 Affiliated Consultants, 172 Aid to Prosecution, 74 All-Mode Communications, 151 Alternatives Accept State Aid Level II & III Sex Offenders, 93 ARC of Schuyler, 95 ARC of Schuyler County, 103 ARC of Schuyler Transportation, 112 Backyard Broadcasting, 48 Barbara Hislop, 118, 149 Barton & Logudice, 82 Beardsley Design COB Space Allocation, 153 Bonadio Group, 181 Bonadion Group, 149 Bottom Ash Cinders, 152 Bulldozer, 121 Carol Fiorella, 76, 172 Catholic Charities, 18, 149 Catholic Charities Summer Youth Employment, 79 Catholic Charities Supported Housing, 63 Catholic Charities Teen Center, 79 Catholic Charities Youth Center, 80 Chemung Canal Trust Electronic Transfers, 105 Chemung County Real Property Tax Director, 125 Civil Service Employee's Assoc., 190 Civil Service Employee's Association, 85 Clean Harbors Environmental, 43 Closest Car Dispatching, 72 COLA, 30 Coles & Associates, 42 Collective Bargaining Unit, 28, 85 Coordinated Care Services, 47 Cornell Cooperative Extension Family Play & Resource Center, 36 Cornell Cooperative Extension Parents A Part, 80 Cott Systems, 190 Coucil on Alcoholism & Other Chem. Dependencies, 97 Council in Alcoholism, 3 County Wide Assessing Services, 111 CSS Workforce NY Partnership for Youth, 143 Day Automation, 175 Diane Doherty, 118 Diane Doughty, 103 Dicks Enterprises, 133 Disaster or Public Emergency, 42 Early Intervention Providers, 62 Eastern Copy, 34 EBS Benefit Solutions, 154, 169 Elisabeth Mashinic, MD, 29, 172 Emergency Power Systems, 132 Environmental Emergency Services, 24 Extradev, 34 Families First Program County Departments, 150 Family Services of Chemung, 84 Finger Lakes Parent Network, 63 Finger Lakes Radion Group, 48 Fisher Associates, 6 FLACRA, 97 Food Stamp Nutrition Program, 174 Foor & Associates Architects, 31 Friends Schuyler County Animal Shelter, 161 Government Payment Services, 93 Head Start Cleaning Services, 175 Health Research Inc, 135 Historic Preservation Seneca Harbor Park, 25 Hunt Engineers Design Work, 60 Hunt Engineers Energy Savings, 107 Hunt Engineers Fiber Optic Design, 69 Hunt Engineers Millwork Design HSC, 82 Hunt Engineers Security System, 152 Infrastructure Project, 137 J&B Installation Change Order, 131 Janet Meaney, 171 Janice Vitale, 29 Keegan Associates, 117 Kelly Fitch, RN, 17 Lease Agreements County Departments, 157 Mary Ellen Gage, 48 Mcbee Associates, 96 Monterey Baptist Church, 174 Montour Falls Acquire Real Property, 128 Nancy Fuhr Bonn, 117 Nelson/Nygaard, 101 NTS Data Services, 109 NYS Parks Recreation & Historical Preservation, 49 NYS Shared Services, 106 NYSEG Pole Attachments, 144 Oneida County Security Services, 161 Operation Impact Grant, 156 Patricia Cunningham, 45, 172 Pediatric Physical & Occupational Therapy, 119 Philip Barnes, 23 Phone Service Agreement, 175 Property/Casuality Insurance, 121 Public Health Stipulation, 71 Ramsey Construction, 82 Regional Computer Recycling, 43 Reimbursement E911 Services, 74 Richard Pierce, 23 Road Patrol Association, 85 Silverline Construction, 120 Sponsor Snowmobile Trails Grant, 116 Steuben & Yates Counties, 31 Synergy Software, 17 Teitsworth Auction Services, 49 Teneleven Group, 96 Thomas H. Dennison, 118 Town of Hector, Used Excavator, 132 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Town's & Villages Health Insurance, 137 Van Harp, 111 Venesky & Company HSC, 121 Verizon, 89 Wastewater Management, 76 Water & Sewer Extension, 68 Weiler Mapping, 87 Wesley Roe, Esq., 72 Williams Office Machines, 123 Wilson Restaurant Equipment, 60 Workforce New York, 119 Yates & Schuyler Community Services Board, 64 Youth Bureau Early Intervention Services, 76 Youth Bureau PINS Diversion, 174 Youth Bureau, Headstart, OFA & B&G, 131 Youth Employment WGI, 30 Appalachian Regional Commission, 99 Appointment Advisory Council OFA, 18 Assessor, 171 Binghamton University Public Admin Program, 21 Chairman, 1 Chief Coroner, 2 Community Home Care Professional Advisory, 26 Communiyt Services Board, 75 County Coroner, 67 Deputy Emergency Management Coordinator, 191 Director of Patient Services, 38 Director of Weights & Measures, 147 Director Weights & Measures, 146 Election Inspectors, 100, 111, 123, 143, 158 Enviromental Management Council, 25 Environmental Management Council, 67, 98 Environmental Management Council., 88 EOP Board, 25 Finger Lakes Resource Conservation, 25 Full Time Assessor, 125 Historian, 2 Implementation & Oversight Subcommittee Schuyler County Transporattion Plan, 116 Legal Secretary, 68 Mental Health Subcommittee, 17, 171 OFA Advisory Council, 31 Outside Committee, 10, 12, 13 Personal Secretary, 126, 169 Planning Commission, 68 Planning Position, 25 Professional Advisory Committee, 75 Public Defender, 180 Purchasing Specialist, 126, 180 Real Property Director, 110 Various Boards, 14 Voting Machine Custodian, 87 Workforce Development Board, 143 Youth Board, 18, 31, 47, 63, 78, 98, 151 Appropriate Amounts, 158 Appropriate Funds Marchiselli Program, 107 Marchiselli Program Highway, 21 Approval/Authorization/Amendment 2006 Cost Allocation Plan, 135 2008 Stop DWI Plan, 115 BC/BS Health Insurance, 155 Foster Care Rates, 19 GHI Dental Insurance, 154 Implementation/Four Year Plans, 178 Keyboard Specialist, 182 Lead Agency Shared Public Works Facility, 157 Rate Change BC/BS, 37 Rate Foster Care Rate Increase, 78 Rate Renewal Vision Coverage, 155 Refund Real Property Tax Town of Montour, 156 Rules of Proceedure, 8 Salary Plan, 5 Salary STOP DWI Coordinator, 160 Seasonal Rates Marina, 6 Staff Salary, 178 Water Quality Improvement Projects, 120 Youth Bureau Resourve Allocation Plan, 150 B Bid Asphalt Emulsions, 50 Bank Run Gravel, 50, 51 Cold Mix Stock Pile, 51 Coon Hollow Bridge, 20 Coon Hollow Bridge Removal, 56 CR23 Culvert Replacement, 65 Crushed Stone, 53 Fiber Optic Installation, 106 Galvanized Pipe, 52 Guiderail, 51 Highway Equipment, 6, 177 Hot Mix Asphalt, 55 Hydroseeder, 133 Ice Control Sand, 53 Installation of Millwork HSC, 107 Kitchen Equipment Office for the Aging, 101 Landscaping Seneca harbor Park, 19 Material Bids, 6 Pavement Markings, 52 Portable Vehicle Lift, 152 Ready Mix Concrete, 52 Rejection CR23 Culvert between the Lakes, 177 Roofs Three County buildings, 65 Security & Fire Alarm System, 105 Security System, 65 Seneca Harbor Park, 31 Seneca Harbor Park Kiosk, 32 Sign & Sign Posts, 54 Steel Pipe, 54 Stillwell Road Bridge Replacement, 65, 99 Tandem Axle Trucks, 49 Tax Auction Accept/Reject, 139 Tax Map Set, 110 Telephone System, 112, 114 Three County Building Roofs, 81 Tires, 54 Transporattion Preschool Children with Disabilities, 45 Transportation Preschhol Children, 77 Tree & Stump Removal, 55 Two Portable Message Boards, 159 Used Excavator, 132 Budget Adoption, 158 Budget Amendment 2007 Medicaid, 182 2007 Social Services, 191 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 195 2007 Stop DWI Funds, 41 Additional State Aid, 135 Central Services, 106 Chair Purchase Mental Health, 96 Child & Family Clinic Plus, 119 Community Services, 149 Early Intervention, 178 Early Intervention COLA, 95 Emergency Management Bioterrorism, 130 Emergency Office Management Funds, 3 Federal Salary Sharing Funds 2007, 29 Highway County Road Fund, 133 In Home Services Program, 151 Indigent Legal Services, 93 Preschool Special Education, 192 Royce Haight Community Grant, 36 Sheriff, Hector Patrol, 129 Vehicle Purchase Salary Sharing Funds, 135 Watershed, 181 Watershed Revenues, 180 Building Cost Analysis Human Services Complex (HSC), 189 C Comprehensive, Affordable Health Care, 135 Convey Property Village of Montour Falls, 138 D Dedication Proceedings, 169 Delegate Authority Real Propert Tax Director, 7 Youth Bureau, 150 Delinquent Water Bills Town of Hector, 170 Town of Reading, 170 Designation Depositories, 2 Legal Newspaper, 1 E Equalization Rates Real Property Tax, 156 F Fee Scale Revision Home Health Services, 103 Filling Position Assessor, 24 Cleaner, 183 Clinic Director, 173 Community & Business Services Coordinator, 4 Deputy Sheriff Sergeant, 35 Director of Patient Services, 61 Full Time Case Manager, 18 Full Time Corrections Officer, 115 Information Processing Specialist, 126 Motor Vehicle Clerk, 87 Part Time Assessor, 14 Part Time Auto Mechanic, 177 Part Time Veterans Service Officer, 174 Senior Welfare Examiner, 182 Six Part Time Deputy Sheriff, 73 Three Nursing Supervisor, 97 Two Part Time Registered Nurse, 72 Fund Transfer Bond Payment HSC, 152 Buildings & Grounds Lease Hold Improvements, 132 Catharine Valley Trail, 94 County Administrator, 121 Emergency Management Low Band Base Station, 130 Environmental Master Plan, 94 Facilities & Grounds Capital Reserve, 109 Medicare Part D, 169 Mileage Historian, 156 National Development Services SCOPED, 95 Spay & Neuter Program, 148 Town of Hector, 57 Various Departments Year End, 183 Veterans Mileage, 150 Water System Project, 165 G Grant 2007 Edward Byrne Memorial Byrne Discretionary, 93 2007-2008 Bioterrorism, 135 2007-2008 Immunization, 46 2007-2008 LEAD, 47 Amend 2006-2007 Early Intervention, 62 Bulletproof Vests, 43 County Wide Assessing, 190 Early Intervention, 16 Electronic Fingerprinting, 160 Electronic Tickets, 148 Emergency Management Performace Grant, 73 Fire Prevention, 162 Fire Prevention & safety, 24 Force on Force Techniques, 181 Hava Funding, 110 Historic Preservation, 20 Homeland Security Commercial Equipment, 74 Homeland Security/Law Enforcement Terrorism, 130 Indexing Probation Records, 8 Laptop Computer Program, 73 Municipal Waste Reduction, 166 Office of Children & Family Services, 63 Operation Impact, 156 Partnership for Youth, 143 Public Health & Science Grant, 64 Records Management Shelving Units, 8 Recruitment & Retnetion Program District Attorney, 144 Sheriff JAG, 23 Triangle Fund, 78 United Way Family Play & Resource Center, 30 Violence Against woman One Time Only, 75 Violence Against Woman, 74 Violence Against Women, 161 Watershed Records Management, 181 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 196 H Health Care Providers, 179 Heavy Truck Traffic State Route 414, 134 Household Hazardous Waste File Application, 165 I Implementation Plan Amendment Office for the Aging, 69 Increase Hours Medical Social Worker, 173 Youth Program Coordinator, 104 Increased Health Care Providers, 81 Independent Cousel Social Services, 105 Insurance Buyout Program, 56 L Lamoka/Waneta Lakes 2007 Assessment Roll, 190 Aquatic Invasice Species Eradication Grant, 75 Aquatic Invasive Species Eradication Grant, 75 Directing the Levy, 191 Protection & Rehabilitation District, 171 Wastewater Treatment Program, 134 Local Government Contunuity, 1 Local Law 2007 Treasurers Salary, 66 Chairman Salary, 136, 153 Environmental Management Council, 37, 44 Increase Alternative Veteran's Exemptioin, 98 Salaries Certain Public Officials, 154 Sertain Public Officers Salary, 137 Setting Salaries Certain Public Officers, 155, 170 Sex Offender Residency, 162 Treasurers Salary, 83 Veterans Exemption, 77 M Mandatory Training Requirements Planning Commission, 26 Medicaid County Protection Act, 38, 151 Mileage IRS Prevailing Rate, 27 Mortgage Tax Distribution, 83, 167 N Negative SEQR Ag District, 125 Nominations Chairman, 1 NYS Legislature, 32 1% Sales tax, 68 1% Sales Tax, 57 General Construction Law, 84 Hazard Class Dams, 116 Insurance Reform Early Intervention, 44 Parole Violators, 35 Shared Services Weights & Measures, 130 Work Release Participation, 35 O Organizational Meeting, 167 P Padua Gravel Bank Expansion, 90 Personal Information, 124 Petty Cash Board of Elections, 110 Office for The Aging, 98 Policy Adoption/Change/Amendment Administrative Manual, 122 Bloodborne Pathogens & Expose Control, 137 Cell Phone, 86 Cyber Security Citizen's Notification, 123 HIPAA, 56 ID/Card Access, 176 Investment, 86 Management & Confidential Salary Plan, 33 Management/Confidential Salary, 109 Policy & Procedures, 38 Prostate Cancer Screening, 108 Refreshments, 5 Sick Bank Leave, 92 Sick Leave Bank Non Union Employees, 122 Watershep Protection Agency Procedures, 46 Private Information, 124 Public Hearing Sublease, 39 Q Quick Claim Property, 126, 157 Accept Offers, 138 R Ratification Special Meeting, 28, 39, 89, 90, 114, 128, 146, 147 Reimbursement Eligible Costs Wireless E911, 148 Rules of Proceedure Conform, 2 S Sale of Tax Parcel Stackhouse, 111 SCOPED National Development Corp, 26 Statewide Initiative Probation Department, 42 Streambank Stabalization, 20 Surplus/Junk Equipment Cell Phones, 34 Tax Map Set, 60 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2007 197 Various Departments, 57, 67 T Tabled/Failed, 66 Tax Auction Treasurer, 122 Tax Exempt Revenue Bonds, 58 Tax Rate Extension, 140 Tax Roll Correction, 22, 125 Taxes Town Contribution, 158 Third Party, 124 W Withdrawn, 78, 158 Y Year End Meeting, 167 ---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