Document Schuylercountyny_doc_a1448a477a

PROCEEDINGS OF THE COUNTY LEGISLATURE OF THE COUNTY OF SCHUYLER FOR THE YEAR 2011 MEMBERS OF THE LEGISLATURE DISTRICT DENNIS A. FAGAN STEWART F. FIELD, JR. DISTRICT THOMAS M. GIFFORD MICHAEL A. YUHASZ PHILIP C. BARNES DISTRICT DORIS L. KARIUS GLENN R. LARISON BARBARA J. HALPIN OFFICERS DENNIS A. FAGAN 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 2011 CHAIRMAN AND CLERK'S CERTIFICATE STATE OF NEW YORK ) COUNTY OF SCHUYLER ) We, Dennis A. Fagan, 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 2011, pursuant to Section 211 of the County Law. DENNIS A. FAGAN Chairman, Schuyler County Legislature STACY B. HUSTED Clerk, Schuyler County Legislature ---PAGE BREAK--- MEMBERS AND OFFICERS OF THE 2011 SCHUYLER COUNTY LEGISLATURE Back row left to right: Chairman Fagan, Legislators Stewart F. Field, Jr. Legislator Philip C. Barnes, Legislator Barbara J. Halpin, Jamee L. Mack, Deputy Clerk, Stacy B. Husted, Clerk, Legislator Thomas M. Gifford and Timothy O’Hearn, County Administrator Seated left to right: Legislator Michael A. Yuhasz, James P. Coleman, County Attorney, Legislator Glenn R. Larison and Legislator Doris L. Karius ---PAGE BREAK--- TABLE OF CONTENTS Resolutions – 2011 (Numerical, By REGULAR AND SPECIAL MEETINGS: Organizational Meeting January Regular Meeting January Regular Meeting .14 Regular Meeting March . Regular Meeting Regular Meeting May Special Meeting June Regular Meeting Regular Meeting Special Meeting Special Meeting Regular Meeting Regular Meeting September Regular Meeting Special Meeting Regular Meeting Regular Meeting Special Meeting December 148 Year End Annual Budget Summary of 2012, County of Schuyler………..……………………..181 Annual Budget Summary of 2011, County of Schuyler 182 Mortgage Tax Distribution: October 1, 2010 through March 31, 2011 April 1, 2011 through September 30, 2011 ---PAGE BREAK--- DEDICATIONS 2011 PROCEEDINGS OF THE SCHUYLER COUNTY LEGISLATURE James P. Coleman James (Jim) joined the County in January of 1977 as the Part Time Attorney for the Social Services Department. In March of 1992 Jim was appointed as the County Attorney, a position he held until his retirement in May of 2011 with 34 years of service. Janice A. Tamberelli Janice (Jan) joined the County in August of 1980 as a Part Time Matron in the Sheriff’s Department. In December of 1993 Janice became a Part Time Corrections Officer until her position became Full Time in October of 1999, a position she held until her retirement in May of 2011 with 31 years of service. Barbara S. Schriefer Barbara joined the County in October of 1991 as a Senior Social Welfare Examiner in the Social Services Department. In October of 1992 she became a Caseworker until she was promoted to a Senior Caseworker in December of 1998. In March of 2001 Barbara became a Supervising Caseworker, a position she held until her retirement in July of 2011 with 20 years of service. Mary E. Kelly Mary joined the County in April of 1979 as an Account Clerk Typist in the Public Health Department. In January of 1995 Mary was promoted to the Administrative Coordinator of Special Programs for the Public Health Department, a position she held until her retirement in August of 2011 with 18 years of service. Sheila A. Laughlin Sheila joined the County in November of 1993 as a Payroll Clerk in the Treasurer’s Department. In August of 1999 Sheila became an Account Clerk Typist for the Youth Bureau until she transferred to the Public Health Department in October of 2001. In January of 2006 Sheila became an Account Clerk Keyboard Specialist, a position she held until her retirement in May of 2011 with 18 years of service. ---PAGE BREAK--- DEDICATIONS 2011 PROCEEDINGS OF THE SCHUYLER COUNTY LEGISLATURE Elisa O. Millspaugh Elisa (Lisa) joined the County on October of 1999 as a Public Health Nurse for the Public Health Department. A position she held until her retirement in July of 2011 with 12 years of service. Challiss R. Wolcott Challiss joined the County in March of 2011 as a Typist for the Social Services Department. In February of 2003, she became an Account Clerk Typist and was promoted to a Senior Account Clerk Typist in October of 2005. In April of 2006 she became a Senior Account Clerk Keyboard Specialist, a position she held until her retirement in June of 2011 with 10 years of service. ---PAGE BREAK--- RESOLUTION BY NUMBER – 2011 I RESOLUTIONS BY NUMBER – 2011 ORGANIZATIONAL MEETING JANUARY 5, 2011 1. CLOSE NOMINATIONS - 2011 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE 2. APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2011 3. "CONTINUITY OF LOCAL GOVERNMENT" FOR 2011 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 2011 8. APPOINTMENT – COUNTY HISTORIAN 9. SCHEDULE OF SALARIES FOR 2011 10. ADOPT PURCHASING POLICIES & PROCEDURES 11. DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO EXCEED $1,000 FOR THE YEAR 2011 – AS AMENDED 12. ACKNOWLEGE APPOINTMENT OF DEMOCRATIC DEPUTY COMMISSIONER, BOARD OF ELECTIONS REGULAR MEETING JANUARY 10, 2011 13. ACKNOWLEGE APPOINTMENT OF REPUBLICAN DEPUTY COMMISSIONER, BOARD OF ELECTIONS 14. APPROVE THE MINUTES OF THE DECEMBER 29, 2010 YEAR END MEETING AND THE JANUARY 5, 2011 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 15. AUTHORIZE APPLICATION AND ACCEPTANCE OF 2011/2012 NEW YORK STATE VIOLENCE AGAINST WOMEN GRANT - DISTRICT ATTORNEY 16. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION ALLOWING THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY TO BE ABLE TO FINANCE AUTOMOBILE RACING FACILITIES 17. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION ALLOWING SCHUYLER COUNTY TO GRANT A PERMANENT EASEMENT AT SENECA HARBOR PARK TO ALLOW ACCESS TO LAKEFRONT DEVELOPMENT OF ADJOINING PROPERTY 18. AUTHORIZE APPOINTING THE COUNTY ADMINISTRATOR TO THE REGIONAL LOCAL DEVELOPMENT CORPORATION ---PAGE BREAK--- RESOLUTION BY NUMBER - 2011 I 19. AUTHORIZE EXTENDING LEASE AGREEMENT WITH EASTERN COPIER FOR COPIERS IN LEGISLATIVE AND PUBLIC HEALTH DEPARTMENTS – PURCHASING DEPARTMENT 20. AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING 21. ACKNOWLEDGE APPOINTMENTS OF VOTING SYSTEM TECHNICIANS/CUSTODIANS – BOARD OF ELECTIONS 22. ACKNOWLEDGE APPOINTMENT AND SET REIMBURSEMENT RATES FOR SCHUYLER COUNTY REPUBLICAN AND DEMOCRATIC PARTY INSPECTORS – BOARD OF ELECTIONS 23. AUTHORIZE CONTRACT RENEWAL WITH FREDERICK M. CERIO, ESQ. FOR CHILD PROTECTIVE ATTORNEY SERVICES FOR 2011 – COUNTY ATTORNEY’S OFFICE 24. AUTHORIZE CONTRACT WITH VENESKY & COMPANY FOR HOME CARE CONSULTING SERVICES – PUBLIC HEALTH 25. ONE-YEAR APPOINTMENTS 26. TWO-YEAR APPOINTMENTS 27. TWO-YEAR APPOINTMENTS NON-CALENDAR YEAR 28. THREE-YEAR APPOINTMENTS NON-CALENDAR YEAR 29. THREE-YEAR APPOINTMENTS 30. FOUR-YEAR APPOINTMENTS 31. APPOINTMENTS TO BOARDS WITH NO TERMS 32. MOTION TO BRING TWO ADDITIONAL RESOLUTIONS TO THE FLOOR 33. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED 2011 TOWN OF CATHARINE TAX ROLL – REAL PROPERTY TAX 34. AUTHORIZE AMENDING THE 2011 SALARY SCHEDULE REGULAR MEETING FEBRUARY 14, 2011 35. APPROVE THE MINUTES OF THE JANUARY 10, 2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 36. AUTHORIZE GRANT APPLICATION FOR 2010 FIRE PREVENTION AND SAFETY GRANT – EMERGENCY MANAGEMENT 37. AUTHORIZE LEASE AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR TWO NEW VEHICLES – SHERIFF’S OFFICE 38. AUTHORIZE THE CREATION AND FILLING OF TWO PART-TIME TRANSPORT AIDE – FEMALE POSITIONS – SHERIFF’S OFFICE 39. APPROVE ALTERNATIVES TO INCARCERATION SERVICE PLAN FOR 2011 - PROBATION DEPARTMENT 40. AUTHORIZE CONTRIBUTING $1,000 TOWARDS A REGIONAL TRANSPORTATION STUDY FOR A MOBILITY PLAN INCLUDING TOMPKINS COUNTY AND SURROUNDING COUNTIES ---PAGE BREAK--- RESOLUTION BY NUMBER – 2011 I 41. AUTHORIZE GRANT APPLICATION FOR SCHUYLER COUNTY UNITED WAY FOR THE FAMILY PLAY & RESOURCE CENTER – YOUTH BUREAU 42. AUTHORIZE CONTRACT WITH HARMONY INFORMATION SYSTEMS, INC. FOR THE COLLECTION OF AND USE IN REPORTING OF CLIENT SERVICE DATA – OFFICE FOR THE AGING AND INFORMATION TECHNOLOGY 43. AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING FOR THE NY CONNECTS PROGRAM YEAR FIVE – OFFICE FOR THE AGING AND DEPARTMENT OF SOCIAL SERVICES 44. AUTHORIZE AGREEMENT WITH CORNELL COOPERATIVE EXTENSION OF SCHUYLER COUNTY (CCE) FOR SENIOR CAMP SERVICES FOR 2011 – OFFICE FOR THE AGING 45. AUTHORIZE AGREEMENT WITH ROGER PIKE OF FINGER LAKES CONTRACTING - OFFICE FOR THE AGING 46. AUTHORIZE AMENDING THE 2010 CONTRACT WITH THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES – COMMUNITY SERVICES 47. AUTHORIZE AGREEMENT WITH NATIONAL ASSOCIATION OF COUNTY AND CITY HEALTH OFFICIALS (NACCHO) – PUBLIC HEALTH 48. ACCEPT AND ESTABLISH THE LEAD POISONING PREVENTION GRANT – PUBLIC HEALTH 49. AUTHORIZE SALE OF SCHUYLER COUNTY CERTIFIED HOME HEALTH AGENCY (CHHA) 50. AUTHORIZE MANAGEMENT AND ADMINISTRATIVE SERVICES AGREEMENT WITH GENESEE REGION HOME CARE ASSOCIATION, INC. (GRHC) - PUBLIC HEALTH 51. AUTHORIZATION TO SUBMIT APPLICATION FOR HOME CARE LICENSURE – PUBLIC HEALTH 52. AUTHORIZE INCREASE IN MEDICAID TRANSPORTATION REIMBURSEMENT RATE – SOCIAL SERVICES 53. AUTHORIZE ADDENDUM WITH AULT INTERNATIONAL MEDICAL MANAGEMENT (AIMM), LLC – HUMAN RESOURCES 54. AUTHORIZE ADDENDUM WITH AULT INTERNATIONAL MEDICAL MANAGEMENT (AIMM), LLC – HUMAN RESOURCES 55. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED 2011 TOWN OF HECTOR TAX ROLL – REAL PROPERTY TAX 56. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED 2011 TOWN OF DIX TAX ROLL – REAL PROPERTY TAX 57. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED 2011 TOWN OF READING TAX ROLL – REAL PROPERTY TAX 58. 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 ---PAGE BREAK--- RESOLUTION BY NUMBER - 2011 I 59. SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE” AND AUCTIONEER AGREEMENT – TREASURER’S OFFICE 60. TWO-YEAR APPOINTMENTS 61. RESOLUTION OPPOSING THE STATE TAKING OF WESTERN’S PARTICPATING MUNICIPALITY’S ASSETS IN THE WESTERN REGIONAL OFF-TRACK BETTING CORPORATION 62. AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID AND STATE “MARCHISELLI” PROGRAM ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL AID PROJECT, AND APPROPRIATING FUNDS THEREFORE - HIGHWAY 63. AUTHORIZE AMENDING RESOLUTION NO. 11-11 TITLED “DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO EXCEED $1,000 FOR THE YEAR 2011” TO INCREASE THE AMOUNT FROM $1,000 TO $2,500 – REAL PROPERTY TAX AGENCY 64. MOTION TO BRING TWO ADDITIONAL RESOLUTIONS TO THE FLOOR 65. ACCEPT/REJECT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED 66. AUTHORIZE TRANSFER OF FUNDS FROM WORKER’S COMPENSATION ACCOUNT TO INSURANCE SMP ACCOUNT – COUNTY ADMINISTRATOR REGULAR MEETING MARCH 14, 2011 67. APPROVE THE MINUTES OF THE FEBRUARY 14, 2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 68. AUTHORIZE CONTRACT WITH BETH PECK FOR INVESTIGATOR SERVICES – PUBLIC DEFENDER’S OFFICE 69. RESOLUTION RECOGNIZING THE IMPORTANCE OF COUNTY SHERIFF’S MARINE PATROL AND STATE NAVIGATIONAL AID FUNDING FOR SERVICES – SHERIFF’S OFFICE 70. AUTHORIZE APPLICATION AND CONTRACT WITH NEW YORK STATE TO RECEIVE STATE GRANT FUNDING FOR MONITORING IGNITION INTERLOCK DEVICES – PROBATION DEPARTMENT 71. AUTHORIZE AMENDING THE 2010-2013 CONTRACT WITH BURLINGTON LABORATORIES OF SARATOGA TO INCREASE THE FEE FOR CONFIRMATIONS FROM $10 TO $25 - PROBATION DEPARTMENT 72. AUTHORIZE APPOINTMENT OF THE COUNTY ADMINISTRATOR AS THE FAIR HOUSING OFFICER FOR SCHUYLER COUNTY ---PAGE BREAK--- RESOLUTION BY NUMBER – 2011 I 73. AUTHORIZE AMENDING THE AGREEMENT WITH SCHUYLER COUNTY PARTNERSHIP FOR ECONOMIC DEVELOPMENT (SCOPED) TO REQUIRE INSURANCE COVERAGE TO BE $5,000,000 74. AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD – YOUTH BUREAU 75. AUTHORIZE YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM – YOUTH BUREAU 76. AUTHORIZE GRANT APPLICATION FOR TRIANGLE FUND GRANT – YOUTH BUREAU 77. AUTHORIZE AGREEMENT WITH BRIAN BEAUMONT FOR REPAIR SERVICES – OFFICE FOR THE AGING 78. AUTHORIZE CONTRACT WITH DALYA TAMIR PT, FOR PRESCHOOL SERVICES – PUBLIC HEALTH 79. AUTHORIZE CONTRACT WITH DALYA TAMIR, PT FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH 80. AUTHORIZE CONTRACT WITH ASSOCIATION FOR VISION REHABILITATION AND EMPLOYMENT, INC. FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH 81. AUTHORIZE CHANGE ORDER #GC-013 WITH WELLIVER-MCGUIRE, INC. FOR THE GENERAL CONTRACTOR PORTION OF THE SHARED PUBLIC WORKS FACILITY– BUILDINGS AND GROUNDS 82. AUTHORIZE CONTRACT EXTENSION WITH THE OFFICE OF NEW YORK STATE PARKS, RECREATION AND HISTORICAL PRESERVATION FOR THE CATHARINE VALLEY TRAIL– BUILDINGS & GROUNDS 83. AUTHORIZE PAYMENT TO THOMAS G. MERRILL PROFESSIONAL LAND SURVEYOR FOR A SURVEY OF A PORTION OF SENECA HARBOR PARK – BUILDINGS & GROUNDS 84. AUTHORIZE UTILIZING COUNTY ROUTE 23A AND 23 FOR A NEW YORK STATE ROUTE 226 DETOUR – HIGHWAY 85. RESOLUTION AUTHORIZING A SHARED SERVICES AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) – HIGHWAY W/D AUTHORIZE ENGINEERING CONSULTANT AGREEMENT WITH FOR THE DESIGN OF BOWER ROAD BRIDGE REPLACEMENT – HIGHWAY - WITHDRAWN 86. ADOPT SIGN POLICY FOR SIGN MAINTENANCE METHOD TO MAINTAIN MINIMUM LEVELS OF RETRO-REFLECTIVIY AS REQUIRED BY SECTION 2A.09 OF THE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) – HIGHWAY 87. AUTHORIZE SUPPLEMENTAL AGREEMENT FOR THE RIGHT OF WAY (ROW) AND PROPERTY APPRAISALS OF GENESEE BRIDGE REPLACEMENT- HIGHWAY 88. AUTHORIZE TWO CONTRACT EXTENSIONS WITH NEW YORK STATE BOARD OF ELECTIONS FOR HAVA GRANTS – BOARD OF ELECTIONS ---PAGE BREAK--- RESOLUTION BY NUMBER - 2011 I 89. AUTHORIZE CONTRACT EXTENSION WITH THE NEW YORK STATE BOARD OF ELECTIONS FOR A HAVA GRANT – BOARD OF ELECTIONS 90. RECOGNIZE APRIL 2011 AS “DONATE LIFE MONTH” – COUNTY CLERK 91. AUTHORIZE APPLICATION AND AGREEMENT WITH NEW YORK STATE IN ORDER FOR THE SCHUYLER COUNTY CLERK TO SELL E-Z PASSES IN THE CLERK’S OFFICE AND DMV – COUNTY CLERK 92. AUTHORIZE CONTRACT WITH RACHAEL BORUCHOWITZ, J.D. FOR RESEARCH SERVICES – COUNTY ATTORNEY 93. LOCAL LAW INTRO. NO. 1 OF THE YEAR 2011 AMENDING LOCAL LAW NO. 3 OF THE YEAR 2009 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS FOR FISCAL YEARS 2010-2013 TO ALSO INCLUDE THE CPI INCREASE FOR THE DISTRICT ATTORNEY SALARY 94. RECOGNIZE THE MONTH OF APRIL 2011 AS NATIONAL COUNTY GOVERNMENT MONTH “SERVING OUR VETERANS, ARMED FORCES AND THEIR FAMILIES” 95. RECOGNIZE THE WEEK OF APRIL 10-16, 2011 AS “NATIONAL VOLUNTEER WEEK” 96. AUTHORIZE DECREASING THE HOURS OF THE BOOKKEEPER POSITION FROM FULL-TIME TO PART-TIME – TREASURER’S OFFICE 97. AUTHORIZE CREATION OF A “LAMOKA/WANETA LAKES DISTRICT” RESERVE FUND 98. RECOGNIZE APRIL 11-15, 2011 AS WEEK OF THE YOUNG CHILD 99. AUTHORIZATION TO REMOVE TERM LIMITS FOR THE LAMOKA/WANETA LAKES’ PROTECTION REHABILITATION DISTRICT REGULAR MEETING APRIL 11, 2011 100. APPROVE THE MINUTES OF THE MARCH 14, 2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 101. AUTHORIZE GRANT APPLICATION FOR STATEWIDE INTEROPERABLE COMMUNICATIONS FY 2010-2011– EMERGENCY MANAGEMENT 102 AUTHORIZE GRANT APPLICATION FOR THE HAZARDOUS MATERIALS EMERGENCY MANAGEMENT PREPAREDNESS (HMEP) GRANT – EMERGENCY MANAGEMENT 103. AUTHORIZE AGREEMENT WITH SOFT CODE INC. FOR MAINTENANCE OF CIVIL SYSTEM SOFTWARE – SHERIFF’S OFFICE 104. AUTHORIZE AMENDMENT TO THE CONTRACT WITH MEDTOX LABORATORIES INC. TO PERFORM LAB URINE SCREENS - PROBATION DEPARTMENT ---PAGE BREAK--- RESOLUTION BY NUMBER – 2011 I 105 AUTHORIZING ARBOR DEVELOPMENT TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY RENEWAL FOR A COMMUNITY DEVELOPMENT BLOCK GRANT ON BEHALF OF SCHUYLER COUNTY 106 AUTHORIZE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, REVIEW AND MODIFICATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT #3 107 SETTING A PUBLIC HEARING FOR ANNUAL AGRICULTURAL DISTRICT ENROLLMENT FOR 2011 108 RESOLUTION IN SUPPORT OF THE SALE OF WINE IN NEW YORK FOOD STORES 109 AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD 110 AUTHORIZE AGREEMENT WITH MONTOUR GLASS FOR REPAIR SERVICES – OFFICE FOR THE AGING 111 PROCLAIM MAY 2011 AS OLDER AMERICANS MONTH – OFFICE FOR THE AGING 112 AUTHORIZE APPOINTMENT OF AN EARLY INTERVENTION DESIGNEE – PUBLIC HEALTH 113 RECOGNIZE MAY 2011 AS MENTAL HEALTH MONTH – HEALTH SERVICES 114 RECOGNIZE MAY 6 – 12, 2011 AS NATIONAL NURSES WEEK – HEALTH SERVICES 115 ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR CLINIC DIRECTOR POSITION – COMMUNITY SERVICES 116 AUTHORIZE APPOINTMENTS TO LOCAL EARLY INTERVENTION COORDINATING COUNCIL – PUBLIC HEALTH 117 AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM JULY 1, 2011 – JUNE 30, 2012 – PUBLIC HEALTH 118 AUTHORIZE CONTRACT WITH STEUBEN COUNTY HEALTH CARE FACILITY FOR PRESCHOOL SERVICES – PUBLIC HEALTH 119 AUTHORIZE CONTRACT AMENDMENT WITH PROCURA, LLC-3M. – PUBLIC HEALTH 120 RESOLUTION AUTHORIZING THE ACCEPTANCE AND EXPENDITURE OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)/AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY YOUTH BUREAU FOR THE 2011 SUMMER YOUTH EMPLOYMENT PROGRAM (SYEP) – SOCIAL SERVICES 121 AUTHORIZE TANF SUMMER YOUTH EMPLOYMENT PROGRAM – YOUTH BUREAU 122 ACCEPT/REJECT QUOTES FOR THREE YEARS FOR HVAC WATER TREATMENT– BUILDINGS AND GROUNDS 123 AUTHORIZE AGREEMENT WITH SCHUYLER HEAD START FOR THE CREATION AND MAINTENANCE OF A SENSORY GARDEN – BUILDINGS & GROUNDS ---PAGE BREAK--- RESOLUTION BY NUMBER - 2011 I 124 AUTHORIZE ENGINEERING CONSULTANT AGREEMENT WITH DELTA ENGINEERS, ARCHITECTS & LAND SURVEYORS, P.C. FOR THE DESIGN OF BOWER ROAD BRIDGE REPLACEMENT – HIGHWAY 125 AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING 126 AUTHORIZE CONTRACT WITH RACHAEL BORUCHOWITZ, J.D. FOR CHILD PROTECTIVE ATTORNEY SERVICES – COUNTY ATTORNEY’S OFFICE 127 ACCEPT/REJECT 2010 TAX AUCTION BIDS 128 APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE CSEA UNIT OF LOCAL 849, UNIT #8600, AFSCME, CSEA LOCAL 1000 FOR THE SCHUYLER COUNTY ADMINISTRATIVE UNIT 129 AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE SCHUYLER COUNTY ADMINISTRATIVE UNIT CSEA – BOARD OF DIRECTORS REIMBURSEMENT 130 AUTHORIZE ROTH CONTRIBUTIONS AS PART OF DEFERRED COMPENSATION PLAN – HUMAN RESOURCES 131 AUTHORIZE AMENDMENTS TO PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION FOR THE SCHUYLER COUNTY FLEXIBLE SPENDING ACCOUNT 132 RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.03997 AND ASSEMBLY BILL A.06265 AUTHORIZING AN ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW 133 RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S. 03925 AND ASSEMBLY BILL A. 06227 ALLOWING THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY TO BE ABLE TO FINANCE AUTOMOBILE RACING FACILITIES 134 LOCAL LAW INTRO. NO. 2 OF THE YEAR 2011 SETTING THE SALARY FOR THE POSITION OF COUNTY TREASURER 135 RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.04267 AND ASSEMBLY BILL A.06724 TO ENACT LEGISLATION TO AUTHORIZE THE COUNTY OF SCHUYLER TO CONVEY TO SENECA HARBOR PLACE, LLC, AN EASEMENT THROUGH LAND LOCATED IN THE COUNTY’S SENECA HARBOR PARK 136 LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2011 AMENDING LOCAL LAW NO. 3 OF THE YEAR 2009 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS FOR FISCAL YEARS 2010-2013 TO ALSO INCLUDE THE CPI INCREASE FOR THE DISTRICT ATTORNEY SALARY ---PAGE BREAK--- RESOLUTION BY NUMBER – 2011 I 137 AUTHORIZE APPOINTMENT TO THE SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD TO FILL AN UNEXPIRED TERM 138 AUTHORIZE APPOINTMENTS TO THE LAMOKA/WANETA LAKES’ REHABILITATION & PROTECTION DISTRICT (L/WLR&PD) 139 ESTABLISH LEAD AGENCY STATUS FOR PUBLIC ENTERTAINMENT (OUTDOOR) – REGULATING/LICENSING 140 RESOLUTION URGING THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO CONTINUE TO FUND THE STORMWATER MANAGEMENT POSITION IN REGION 8 141 AUTHORIZE REQUEST FOR PROPOSALS (RFP’S) FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (LAMOKA LAKE) 142 AUTHORIZE REQUEST FOR PROPOSALS (RFP’S) FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (WANETA LAKE) 143 AUTHORIZE A GRANT ACCEPTANCE AND CONTRACT WITH THE STATE OF NEW YORK BOARD OF ELECTIONS REGULAR MEETING MAY 9, 2011 144 APPROVE THE MINUTES OF THE APRIL 11, 2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 145 AUTHORIZE USE AND DISSEMINATION AGREEMENT WITH THE NEW YORK STATE POLICE FOR USE OF NEW YORK STATEWIDE POLICE INFORMATION NETWORK (NYSPIN) SERVICES AS HOSTED THROUGH THE INTEGRATED JUSTICE PORTAL – PROBATION 146 AUTHORIZATION TO CREATE AND FILL A SOCIAL WELFARE EXAMINER POSITION IN THE EMPLOYMENT UNIT – SOCIAL SERVICES 147 AUTHORIZE TRANSFER OF FUNDS – SOCIAL SERVICES 148 AUTHORIZE SUPPLEMENTAL AGREEMENT FOR THE RIGHT OF WAY (ROW) AND PROPERTY APPRAISALS OF COUNTY ROUTE 4 BRIDGE REPLACEMENT- HIGHWAY 149 AUTHORIZE THE CREATION, FILLING AND ACKNOWLEGE APPOINTMENT OF A LESS THAN FULL-TIME ASSISTANT COUNTY ATTORNEY POSITION – COUNTY ATTORNEY’S OFFICE 150 AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN TO CREATE AND FILL A PURCHASING DIRECTOR POSITION/AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY ---PAGE BREAK--- RESOLUTION BY NUMBER - 2011 I 151 AUTHORIZE STIPULATION AND RELEASE OF CLAIMS AGREEMENT WITH THE SCHUYLER COUNTY ADMINISTRATIVE UNIT CSEA 152 AUTHORIZE CONTRACT RENEWAL WITH SYSTEMS DEVELOPMENT GROUP, INC. FOR IMAGE MATE ONLINE INTERNET ASSESSMENT SERVICE – REAL PROPERTY TAX 153 AUTHORIZE CONTRACT WITH SANDRA TEETER FOR DEMOCRATIC DEPUTY ELECTION COMMISSIONER ASSISTANCE - BOARD OF ELECTIONS 154 DECLARE A SMOKE FREE CAMPUS AT ALL SCHUYLER COUNTY BUILDINGS 155 AUTHORIZE APPOINTMENT TO FILL UNEXPIRED TERM ON THE SCHUYLER COUNTY PLANNING COMMISSION 156 AUTHORIZE APPLICATION FOR 2011-2012 SECTION 5311 ANNUAL OPERATING ASSISTANCE 157 LOCAL LAW INTRO. NO. 2 OF THE YEAR 2011 SETTING THE SALARY FOR THE POSITION OF COUNTY TREASURER 158 ACCEPTANCE OF 2011 AGRICULTURAL DISTRICT ANNUAL ENROLLMENT REQUESTS 159 MOTION TO BRING ONE RESOLUTION TO THE FLOOR 160 DECLARE NEGATIVE DECLARATION STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) FOR ISSUANCE FOR PUBLIC ENTERTAINMENT PERMIT, WATKINS GLEN INTERNATIONAL, INC. 2011 EVENTS SPECIAL MEETING JUNE 8, 2011 161 RATIFICATION OF SPECIAL MEETING 162 RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.04267B AND ASSEMBLY BILL A.06724B TO ENACT LEGISLATION TO AUTHORIZE THE COUNTY OF SCHUYLER TO CONVEY TO DORIS AND HENRY F. LEMBECK IV AN EASEMENT THROUGH LAND LOCATED IN THE COUNTY’S SENECA HARBOR PARK 163 AUTHORIZE PAYMENT TO THOMAS G. MERRILL PROFESSIONAL LAND SURVEYOR FOR A SURVEY OF A PORTION OF SENECA HARBOR PARK – BUILDINGS & GROUNDS REGULAR MEETING JUNE 13, 2011 164 APPROVE THE MINUTES OF THE MAY 9, 2011 REGULAR MEETING AND THE JUNE 8, 2011 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE ---PAGE BREAK--- RESOLUTION BY NUMBER – 2011 I 165 REQUESTING THAT THE STATE OF NEW YORK APPROPRIATELY DISBURSE THE STATEWIDE WIRELESS 911 CELLULAR SURCHARGE – EMERGENCY MANAGEMENT 166 AUTHORIZE AMENDING THE 2011 BUDGET FOR UPCOMING ADDITIONAL MUTUAL AID AT WATKINS GLEN INTERNATIONAL, INC. – SHERIFF’S OFFICE 167 AUTHORIZE 2011-2012 CONTRACT RENEWAL WITH AUTOMON CORPORATION FOR A SOFTWARE MAINTENANCE AGREEMENT - PROBATION DEPARTMENT 168 AUTHORIZE CONTRACT RENEWAL WITH BEHAVIORAL INTERVENTIONS INC. FOR ELECTRONIC HOME MONITORING WITH GLOBAL POSITIONING SYSTEM- PROBATION DEPARTMENT 169 AUTHORIZE CONTRACT RENEWAL WITH BEHAVIORAL INTERVENTIONS INC. FOR ELECTRONIC HOME MONITORING WITH A LANDLINE CONNECTION AS A PASSIVE TRACKING UNIT - PROBATION DEPARTMENT 170 AUTHORIZE AMENDING THE 2011 BUDGET FOR INDIGENT LEGAL SERVICES FUND – PUBLIC DEFENDER 171 AUTHORIZE APPLICATION AND ACCEPTANCE OF A 2011/2012 VIDEO RECORDING OF STATEMENTS EQUIPMENT GRANT THROUGH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES - DISTRICT ATTORNEY 172 AUTHORIZE A 2011 HOUSEHOLD HAZARDOUS WASTE DAY AND GRANT BUDGET 173 AUTHORIZE CONTRACT WITH CLEAN VIBES, LLC FOR CLEAN UP YOUTH EMPLOYMENT PROGRAM FOR THE UPCOMING PHISH CONCERT AT WATKINS GLEN INTERNATIONAL, INC. – YOUTH BUREAU 174 AUTHORIZE USE OF THE FAMILY PLAY AND RESOURCE CENTER FOR SUPERVISED VISITATIONS DURING NON OPERATING HOURS WITH CATHOLIC CHARITIES – YOUTH BUREAU 175 PROCLAIM ELDER ABUSE AWARENESS DAY 2011- OFFICE FOR THE AGING AND DEPARTMENT OF SOCIAL SERVICES 176 RECOGNIZE ANNABELLE SPECCHIO AS THE NEW YORK STATE OFFICE FOR THE AGING SENIOR CITIZEN OF THE YEAR FOR SCHUYLER COUNTY – OFFICE FOR THE AGING 177 AUTHORIZE AGREEMENT WITH C&R ENTERPRISES FOR REPAIR SERVICES - OFFICE FOR THE AGING 178 AUTHORIZE AGREEMENT WITH RICHARD DECKER FOR REPAIR SERVICES – OFFICE FOR THE AGING 179 AUTHORIZE AGREEMENT WITH HOME SWEET HOME FOR PERSONAL CARE 1 (PC1) AND RESPITE SERVICES UNDER EISEP AND TITLE IIIE CAREGIVER PROGRAMS – OFFICE FOR THE AGING 180 AUTHORIZE AGREEMENT WITH AIMEE CHURCHILL, ESQ. FOR THE PROVISION OF LEGAL SERVICES TO THE OFFICE FOR THE AGING CLIENTS – OFFICE FOR THE AGING ---PAGE BREAK--- RESOLUTION BY NUMBER - 2011 I 181 AUTHORIZE CONTRACT WITH JENNIFER MEHTA, PHN FOR NURSING SERVICES – PUBLIC HEALTH 182 AUTHORIZE CONTRACT WITH TIMOTHY HICKS FOR WATERSHED SERVICES – PUBLIC HEALTH 183 AUTHORIZE AGREEMENT WITH MED-REV RECOVERIES, INC. – HEALTH SERVICES 184 AUTHORIZE CONTRACT WITH MARGARET OHLINGER, DVM – PUBLIC HEALTH 185 ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES 2011-2012 – PUBLIC HEALTH 186 AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF COUNTY ROAD 4 OVER SAWMILL CREEK BRIDGE REPLACEMENT – HIGHWAY 187 AUTHORIZE REQUEST FOR PROPOSALS FOR ABSTRACT SERVICES – TREASURER’S OFFICE 188 AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW – AS AMENDED 189 ISSUE PUBLIC ENTERTAINMENT PERMITS TO WATKINS GLEN INTERNATIONAL, INC. FOR THEIR 2011 EVENTS 190 AUTHORIZE AMENDING THE 2011 BUDGET FOR EZ PASS REVENUE - COUNTY CLERK 191 ACKNOWLEDGE APPOINTMENTS OF ELECTION INSPECTORS – BOARD OF ELECTIONS 192 AUTHORIZE APPOINTMENT TO FILL UNEXPIRED TERM ON THE SCHUYLER COUNTY PLANNING COMMISSION 193 ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE WATERSHED INSPECTOR POSITION – PUBLIC HEALTH REGULAR MEETING JULY 11, 2011 194 APPROVE THE MINUTES OF THE JUNE 13, 2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 195 AUTHORIZE AMENDMENT TO THE COOPERATIVE FIRE PROTECTION AGREEMENT WITH THE U.S. FOREST SERVICE – EMERGENCY MANAGEMENT 196 AUTHORIZE APPLICATION AND ACCEPTANCE OF 2011/2012 NEW YORK STATE AID TO PROSECUTION GRANT - DISTRICT ATTORNEY 197 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, REVIEW AND MODIFICATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT #1 198 SETTING A PUBLIC HEARING FOR ANNUAL AGRICULTURAL DISTRICT ENROLLMENT FOR 2011 ---PAGE BREAK--- RESOLUTION BY NUMBER – 2011 I 199 AUTHORIZE 2011 AMENDMENT WITH IVANS, INC. FOR BILLING SERVICES – PUBLIC HEALTH 200A MOTION TO TABLE RESOLUTION NUMBER 200 FOR FURTHER INVESTIGATION 200 RESOLUTION URGING IMPLEMENTATION OF DRUG TESTING FOR MEDICAID APPLICANTS AND RECIPIENTS, TEMPORARY ASSISTANCE APPLICANTS AND RECIPIENTS, FOOD STAMP APPLICANTS AND RECIPIENTS, AND SUPPLEMENTAL SECURITY INCOME RECIPIENTS AS A PREREQUISITE FOR ELIGIBILITY – TABLED 201 AUTHORIZE ADVERTISING FOR BIDS TO PAINT THE COURTHOUSE CUPOLA – BUILDINGS AND GROUNDS 202 AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100 % OF THE FEDERAL AID AND STATE “MARCHISELLI” PROGRAM ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL AID PROJECT, AND APPROPRIATING FUNDS THEREFORE - HIGHWAY 203 AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING 204 STANDARD WORK DAY AND REPORTING RESOLUTION FOR THE YEAR 2011 205 AUTHORIZE AMENDING RESOLUTION NO. 188-11 TITLED “AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW” 206 AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE FOR ELECTRONIC TRANSMISSION OF REAL PROPERTY DATA – REAL PROPERTY TAX 207 AUTHORIZE TRANSFER OF FUNDS TO TOWN OF HECTOR FOR THE SALE OF TIMBER ON FEDERALLY OWNED ENTITLEMENT LAND 208 AUTHORIZE CONTRACT WITH JUDGE J. BRUCE CREW – COUNTY ADMINISTRATOR 209 AUTHORIZE CONTRACT WITH GARY V. FERGUSON – COUNTY ADMINISTRATOR 210 AUTHORIZE APPOINTMENT TO FILL UNEXPIRED TERM ON THE SCHUYLER COUNTY PLANNING COMMISSION 211 AUTHORIZE CONTRACT WITH JILL WICKER TO TRAIN THE NEW SECRETARY I IN SERVICES – SOCIAL SERVICES SPECIAL MEETING JULY 18, 2011 212 RATIFICATION OF SPECIAL MEETING 213 APPOINTMENT AND SET SALARY FOR THE PUBLIC DEFENDER ---PAGE BREAK--- RESOLUTION BY NUMBER - 2011 I SPECIAL MEETING AUGUST 3, 2011 214 RATIFICATION OF SPECIAL MEETING 215 AUTHORIZE GRANT APPLICATION TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR A NEW YORK STATE CLEAN AIR GRANT 216 ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR ASSISTANT PUBLIC DEFENDER REGULAR MEETING AUGUST 8, 2011 217 APPROVE THE MINUTES OF THE JULY 11, 2011 REGULAR MEETING AND THE JULY 18, 2011 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 218 AUTHORIZE STOP DWI PLAN FOR 2012 – SHERIFF’S OFFICE 219 ACCEPT PROPOSAL FROM MXI ENVIRONMENTAL SERVICES FOR THE SEPTEMBER 24, 2011 HOUSEHOLD HAZARDOUS WASTE DAY 220 ACCEPT THE PROPOSAL FROM REACT FOR THE SEPTEMBER 24, 2011 USED ELECTRONICS RECYCLING DAY 221 AGREEMENT WITH COMFORT KEEPERS FOR PC1 AND SUPERVISION (RESPITE) SERVICES UNDER EISEP AND TITLE IIIE CAREGIVER PROGRAMS – OFFICE FOR THE AGING 222 AUTHORIZE TWO ADDITIONAL POSITIONS FOR ON-CALL MEAL DELIVERERS - OFFICE FOR THE AGING 223 ESTABLISH 2011 - 2012 ANNUAL IMMUNIZATION GRANT - PUBLIC HEALTH 224 ESTABLISH 2011 - 2012 LEAD GRANT - PUBLIC HEALTH 225 AUTHORIZE TRANSFER OF FUNDS FOR BUILDING REPAIRS – COMMUNITY SERVICES 226 AUTHORIZE CONTRACT WITH LINN AFTUCK, OT, FOR PRESCHOOL SERVICES – PUBLIC HEALTH 227 DESIGNATE THE HUMAN SERVICES COMMITTEE AS THE CORPORATE COMPLIANCE SUBCOMMITTEE – HEALTH SERVICES 228 AUTHORIZE ADVERTISING FOR BIDS FOR SENECA HARBOR PARK – UPGRADES TO EXISTING FACILITIES – BUILDINGS AND GROUNDS 229 AUTHORIZE CONTRACTS FOR COURTHOUSE COMPLEX AND MILL CREEK COMPLEX PARKING LOT RESTORATION AND HUMAN SERVICES COMPLEX PARKING LOT REPAVING – BUILDINGS AND GROUNDS 230 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 ---PAGE BREAK--- RESOLUTION BY NUMBER – 2011 I 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 231 LOCAL LAW INTRO. NO. 3 OF THE YEAR 2011 WAIVING THE RESIDENCY REQUIREMENTPER THE PUBLIC OFFICERS LAW FOR THE PUBLIC DEFENDER POSITION COUNTY OF SCHUYLER 232 AUTHORIZE CONTRACT WITH GLEN ABSTRACT CORPORATION FOR ABSTRACT SERVICES FOR FORECLOSURE PROCEEDINGS- TREASURER’S OFFICE 233 MOTION TO BRING ONE RESOLUTION TO THE FLOOR 234 ACCEPT/REJECT BIDS FOR PAINTING THE COURTHOUSE CUPOLA – BUILDINGS AND GROUNDS REGULAR MEETING SEPTEMBER 12, 2011 235 APPROVE THE MINUTES OF THE AUGUST 3, 2011 SPECIAL MEETING AND THE AUGUST 8, 2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 236 ADOPT UPDATED SCHUYLER COUNTY HAZARDOUS MATERIALS PLAN - SCHUYLER COUNTY EMERGENCY MANAGEMENT 237 ACCEPT AND ESTABLISH THE NEW YORK STATE OFFICE OF INDIGENT LEGAL SERVICES GRANT, T000032/RESCIND RESOLUTION NO. 170-11– PUBLIC DEFENDER 238 RESOLUTION TO MODIFY SCHUYLER COUNTY AGRICULTURAL DISTRICT #1 239 AUTHORIZE THE CREATION AND FILLING OF A PUBLIC HEALTH SPECIALIST POSITION – PUBLIC HEALTH 240 RECOGNIZE OCTOBER 23 – 29, 2011 AS NATIONAL LEAD POISONING PREVENTION WEEK - PUBLIC HEALTH 241 RECOGNIZE OCTOBER 2011 AS PERTUSSIS AWARENESS MONTH IN SCHUYLER COUNTY - PUBLIC HEALTH 242 AUTHORIZE AN APPLICATION WITH MENTAL HEALTH ASSOCIATION NEW YORK STATE (MHANYS) FOR COMMUNITY SUICIDE PREVENTION GRANT – COMMUNITY SERVICES 243 AUTHORIZE APPOINTMENT, SET SALARY AND INCREASE HOURS FOR THE DIRECTOR OF VETERANS SERVICE AGENCY 244 AUTHORIZE CONTRACT WITH FIDELIS CARE NEW YORK - SOCIAL SERVICES W/D ACCEPT/REJECT QUOTES FOR STRIPING THE HUMAN SERVICES COMPLEX, MILL CREEK CENTER AND COURTHOUSE COMPLEX PARKING LOTS – BUILDINGS AND GROUNDS - WITHDRAWN 245 AUTHORIZE NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) TO UTILIZE COUNTY ROAD 12 AS ---PAGE BREAK--- RESOLUTION BY NUMBER - 2011 I DETOUR DURING PERIOD OF CONSTRUCTION OF STATE ROUTE 224 OVER CAYUTA CREEK BRIDGE – HIGHWAY DEPARTMENT 246 ACCEPT CONTRACT EXTENSION FOR MISCELLANEOUS STRUCTURAL MAINTENANCE AND RECONSTRUCTION ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY – HIGHWAY DEPARTMENT 247 RESOLUTION TO DENY APPLICATION FOR REFUND AND CREDIT OF REAL PROPERTY TAXES IN THE TOWN OF HECTOR – REAL PROPERTY TAX 248 AUTHORIZE AN INCREASE IN THE REASONABLE AND NECESSARY ALLOWANCE FOR MORTGAGE TAX “HIRE OF CLERKS” EXPENSES – COUNTY CLERK 249 AUTHORIZE AMENDMENT TO THE SCHUYLER COUNTY NON- UNION SICK LEAVE BANK POLICY – HUMAN RESOURCES 250 AUTHORIZE SALE OF SURPLUS COUNTY PROPERTY TO THE TOWN OF ORANGE 251 LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 4 OF THE YEAR 2011 WAIVING THE RESIDENCY REQUIREMENT PER THE PUBLIC OFFICERS LAW FOR THE PUBLIC DEFENDER POSITION IN THE COUNTY OF SCHUYLER 252 MOTION TO BRING ONE RESOLUTION TO THE FLOOR 253 AUTHORIZE AN APPLICATION TO THE FEDERAL TRANSIT ADMINISTRATION SECTION 5309 PROGRAM FOR SUBMISSION OF A PROJECT PROPOSAL IN ACCORDANCE WITH THE VETERANS TRANSPORTATION AND COMMUNTY LIVING INITIATIVE GRANT 254 AUTHORIZE CONTRACT WITH COMMUNITY DISPUTE RESOLUTION CENTER (CDRC) TO PROVIDE PROFESSIONAL DEVELOPMENT COUNSELING SERVICES – BOARD OF ELECTIONS REGULAR MEETING OCTOBER 11, 2011 255 APPROVE THE MINUTES OF THE SEPTEMBER 12, 2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 256 AUTHORIZE CONTRACT WITH BLUE WING PROFESSIONAL CONSULTING SERVICES FOR THE 911 COMMUNICATIONS SYSTEM – EMERGENCY MANAGEMENT 257 AUTHORIZE AMENDING 2011 BUDGET FOR THE ACCEPTANCE OF SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM – PROBATION 258 AUTHORIZE CONTRACT WITH LICENSE MONITOR, INC. TO MONITOR DEFENDANTS LICENSE ACTIVITY THROUGH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES - PROBATION DEPARTMENT 259 AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR ASSIGNED COUNSEL - PUBLIC DEFENDER ---PAGE BREAK--- RESOLUTION BY NUMBER – 2011 I 260 AUTHORIZE AGREEMENT FOR MAINTENANCE WITH COMNETIX, INC. – SHERIFF’S OFFICE 261 RESOLUTION IN SUPPORT OF HAVING THE TOTAL MAXIMUM DAILY LOAD (TMDL) REGULATIONS LIFTED FOR NEW YORK STATE 262 AUTHORIZE AMENDING 2011 BUDGET FOR THE ACCEPTANCE OF SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM – YOUTH BUREAU 263 AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING FOR THE NEW YORK CONNECTS PROGRAM YEAR SIX – OFFICE FOR THE AGING 264 AUTHORIZE AGREEMENT BETWEEN THE OFFICE FOR THE AGING AND FAMILIES FIRST FOR THE NEW YORK CONNECTS PROGRAM YEAR SIX – OFFICE FOR THE AGING 265 AUTHORIZE APPROVAL OF THE 2012-2016 FOUR YEAR IMPLEMENTATION PLAN- OFFICE FOR THE AGING 266 ACCEPT AND ESTABLISH THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT – PUBLIC HEALTH – AS AMENDED 267 ACCEPT AND ESTABLISH THE PUBLIC HEALTH EMERGENCY PREPAREDNESS GRANT – PUBLIC HEALTH 268 AUTHORIZE CONTRACT WITH ELLEN LANGENDORFER, SPEECH THERAPIST FOR PRESCHOOL SERVICES – PUBLIC HEALTH 269 AUTHORIZE CONTRACT WITH LINN AFTUCK, OCCUPATIONAL THERAPIST FOR EARLY INTERVENTION PROGRAM SERVICES – PUBLIC HEALTH 270 AUTHORIZE AMENDING THE 2011 CONTRACT WITH THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES – COMMUNITY SERVICES 271 AUTHORIZE CONTRACT AMENDMENT WITH DARCE L. BRAIMAN - COMMUNITY SERVICES 272 AUTHORIZE CONTRACT AMENDMENT WITH S. M. ANWAR AHMED, M.D. - COMMUNITY SERVICES 273 AUTHORIZE TRANSFER OF FUNDS FOR SAFETY NET – SOCIAL SERVICES 274 AUTHORIZE CONTRACTS WITH SCHUYLER COUNTY PROBATION DEPARTMENT AND SCHUYLER COUNTY YOUTH BUREAU FOR USE OF SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM GRANT FUNDS – SOCIAL SERVICES 275 AUTHORIZE AMENDING THE 2011 MEDICAID BUDGET – SOCIAL SERVICES 276 AUTHORIZE TRANSFER OF FUNDS FROM BUILDINGS ACCOUNT TO GROUNDS ACCOUNT FOR VEHICLE FUEL – BUILDINGS AND GROUNDS 277 AUTHORIZE AN AGREEMENT WITH THE BC CATE ELEMENTARY SCHOOL FOR EMERGENCY EVACUATION – BUILDINGS AND GROUNDS ---PAGE BREAK--- RESOLUTION BY NUMBER - 2011 I 278 AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING 279 RESOLUTION REQUESTING COMPTROLLER THOMAS DINAPOLI TO REFORM THE FUNDING POLICY FOR THE NEW YORK STATE COMMON RETIREMENT FUND 280 RESOLUTION URGING MULTI-YEAR STATE TAKEOVER OF LOCAL SHARE OF MEDICAID 281 AUTHORIZE INCREASING THE HOURS OF THE COUNTY ATTORNEY POSITION FROM PART-TIME TO FULL-TIME 282 SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE” 283 ACKNOWLEDGE OCTOBER AS NATIONAL BREAST CANCER AWARENESS MONTH 284 SET REIMBURSEMENT RATES FOR COUNTY INSPECTORS RECEIVING VOTING MACHINES – BOARD OF ELECTIONS SPECIAL MEETING OCTOBER 26, 2011 285 RATIFICATION OF SPECIAL MEETING 286 SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2012 REGULAR MEETING NOVENBER 14, 2011 287 APPROVE THE MINUTES OF THE OCTOBER 11, 2011 REGULAR MEETING AND THE OCTOBER 26, 2011 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 288 RESOLUTION CALLING FOR THE ALLOCATION OF REVENUES FROM THE NEW YORK STATE PUBLIC SAFETY SURCHARGE TO COUNTIES TO SUPPORT 9-1-1 AND PUBLIC SAFETY COMMUNICATIONS – EMERGENCY MANAGEMENT 289 AUTHORIZE CONTRACT WITH LISA BAKER OF TIOGA COUNTY PROBATION FOR TRAINING ASSISTANCE - PROBATION DEPARTMENT 290 AUTHORIZE APPLICATION AND ACCEPTANCE OF 2012/2013 NEW YORK STATE VIOLENCE AGAINST WOMEN GRANT - DISTRICT ATTORNEY 291 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 292 NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY FOR FIFTEEN YEARS 2012-2026 ---PAGE BREAK--- RESOLUTION BY NUMBER – 2011 I 293 AUTHORIZE APPOINTMENT TO FILL UNEXPIRED TERM ON THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY (SCIDA) 294 AUTHORIZE REQUEST FOR PROPOSALS (RFP) FOR LEGAL SERVICES FOR OFFICE FOR THE AGING (OFA) CLIENTS FOR 2012- OFFICE FOR THE AGING 295 AUTHORIZE AN APPLICATION WITH THE NEW YORK STATE CONFERENCE OF LOCAL MENTAL HYGIENE DIRECTORS FOR A SYSTEMS OF CARE GRANT – COMMUNITY SERVICES 296 AUTHORIZE AMENDING THE CONTRACT WITH COORDINATED CARE SERVICES, INC. (CCSI) – HEALTH SERVICES 297 AUTHORIZE CONTRACT WITH SHARIFUZZAMA SIDDIQUI, M.D. – COMMUNITY SERVICES 298 RECOGNIZE DECEMBER 4 – 11, 2011 AS NATIONAL INFLUENZA VACCINATION WEEK – PUBLIC HEALTH 299 ACCEPT AND ESTABLISH THE EARLY INTERVENTION GRANT FOR OCTOBER 1, 2011 – SEPTEMBER 30, 2012 – PUBLIC HEALTH 300 AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR MILEAGE – VETERANS SERVICE AGENCY 301 ACCEPT/REJECT BIDS FOR CONSTRUCTION OF COUNTY ROAD 4 OVER SAWMILL CREEK BRIDGE PROJECT 302 AUTHORIZATION TO REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES FOR THE MILL STREET BRIDGE, ODESSA AND AUTHORIZE FUNDING FROM THE HIGHWAY RESERVE FUND – HIGHWAY 303 RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2012 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE 304 SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT 305 LOCAL LAW INTRO. NO. 4 OF THE YEAR 2011 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2012 306 AUTHORIZE FIVE-YEAR CONTRACT RENEWAL WITH VENESKY & COMPANY FOR THE COUNTY’S 2011-2015 COST ALLOCATION PLANS – TREASURER’S OFFICE 307 AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES FOR 2012 308 AUTHORIZE PLACEMENT OF ECONOMIC DEVELOPMENT SURPLUS REVENUE INTO THE “ECONOMIC DEVELOPMENT RESERVE FUND” EACH YEAR 309 REJECT BID FOR SENECA HARBOR PARK UPGRADES TO EXISTING FACILITIES – BUILDING AND GROUNDS 310 AUTHORIZE LEASE AGREEMENT WITH SOUTHERN TIER HOSPICE - BUILDINGS AND GROUNDS ---PAGE BREAK--- RESOLUTION BY NUMBER - 2011 I 311 AUTHORIZE INCREASE IN CONTRACT AMOUNT WITH AIMEE CHURCHILL, ESQ. FOR THE PROVISION OF LEGAL SERVICES TO THE OFFICE FOR THE AGING CLIENTS – OFFICE FOR THE AGING 312 AUTHORIZE CONTRACT WITH SCHUYLER COUNTY VETERANS SERVICE AGENCY – SOCIAL SERVICES 313 RESOLUTION URGING THE NEW YORK STATE LEGISLATURE TO IMMEDIATELY ENACT LEGISLATION RESCINDING NEW YORK’S PARTICIPATION IN THE REGIONAL GREENHOUSE GAS INITIATIVE (RGGI) CAP AND TRADE PROGRAM 314 AUTHORIZE CONTRACT WITH COMMUNITY DISPUTE RESOLUTION CENTER (CDRC) TO PROVIDE GROUP FACILITATION SERVICES – HUMAN RESOURCES 315 ALTERATION OF 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SOCIAL SERVICES 316 ALTERATION OF 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – YOUTH BUREAU 317A MOTION TO TABLE RESOLUTION NOS. 317, 318 AND 319 317 ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2012 – TABLED, ADOPTED DECEMBER 12, 2011 318 APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2012" – TABLED, ADOPTED DECEMBER 12, 2011 319 2012 BUDGET OF $42,492,951: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN – TABLED, ADOPTED DECEMBER 12, 2011 REGULAR MEETING DECEMBER 12, 2011 320 APPROVE THE MINUTES OF THE NOVEMBER 14, 2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 321 AUTHORIZE GRANT APPLICATION FOR STATE HOMELAND SECURITY PROGRAM – EMERGENCY MANAGEMENT / SHERIFF 322 AUTHORIZE CONTRACT WITH MID-STATE COMMUNICATIONS ELECTRONICS, INC. FOR MAINTENANCE/SERVICE AGREEMENTS OF THE COMMUNICATIONS SYSTEM – EMERGENCY MANAGEMENT/SHERIFF’S OFFICE 323 AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR BOARDING OF PRISONERS – SHERIFF’S OFFICE 324 AUTHORIZE ACCEPTANCE OF 2011 GOVERNORS TRAFFIC SAFETY COMMITTEE – CHILD SAFETY SEAT PROGRAM GRANT – SHERIFF’S OFFICE 325 AUTHORIZE DECREASING THE SALARY OF THE ASSISTANT DISTRICT ATTORNEY POSITION – DISTRICT ATTORNEY ---PAGE BREAK--- RESOLUTION BY NUMBER – 2011 I 326 AUTHORIZE CONTRACT WITH PAUL CORRADINI, ESQ. – PUBLIC DEFENDER’S OFFICE 327 AUTHORIZE CONTRACT WITH BETH PECK – PUBLIC DEFENDER’S OFFICE 328 AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY BOARD (SCIDA) 329 AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2012 AND RELATED CONTRACTS – YOUTH BUREAU 330 DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU 331 AUTHORIZE CONTRACT RENEWAL WITH CATHOLIC CHARITIES TO PROVIDE CRISIS AND PREVENTION WORKERS FOR THE FAMILIES FIRST PERSON IN NEED OF SUPERVISION (PINS) DIVERSION PROGRAM-YOUTH BUREAU 332 AUTHORIZE CONTRACT RENEWALS FOR 2012 WITH SCHUYLER COUNTY OFFICE FOR THE AGING AND SOCIAL SERVICES FOR THE FAMILIES FIRST PROGRAM-YOUTH BUREAU 333 AUTHORIZE USE OF THE FAMILY PLAY AND RESOURCE CENTER FOR SUPERVISED VISITATIONS DURING NON OPERATING HOURS WITH CATHOLIC CHARITIES – YOUTH BUREAU 334 AUTHORIZE CONTRACT WITH CATHOLIC CHARITIES FOR COVERAGE AND SUPERVISION OF THE FAMILY PLAY AND RESOURCE CENTER (FPRC) – YOUTH BUREAU 335 AUTHORIZE TRANSFER OF FUNDS TO REPLENISH THE COMMUNITY SERVICES BOARD RESERVE ACCOUNT – COMMUNITY SERVICES 336 AUTHORIZE AMENDMENT TO CONTRACT WITH BARBARA HISLOP, SPEECH THERAPIST – PUBLIC HEALTH 337 AUTHORIZE CANCELLATION OF THE PHYSICALLY HANDICAPPED CHILDREN’S PROGRAM – PUBLIC HEALTH 338 AUTHORIZE AGREEMENT FOR WASTEWATER MANAGEMENT INTERMUNICIPAL AGREEMENT – TOWNS OF ORANGE AND TYRONE – PUBLIC HEALTH 339 AUTHORIZE AGREEMENT FOR WASTEWATER MANAGEMENT INTERMUNICIPAL AGREEMENT – TOWN OF WAYNE – PUBLIC HEALTH 340 ADOPT REVISED FEE SCHEDULE FOR WATERSHED PROTECTION AGENCY - PUBLIC HEALTH 341 AUTHORIZE AMENDING RESOLUTION NO. 266-11 FOR CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT PROGRAM –PUBLIC HEALTH 342 AUTHORIZE CONTRACT WITH NEW YORK STATE DEPARTMENT OF HEALTH (NYSDOH) FOR PURCHASE OF SUPPLIES – PUBLIC HEALTH ---PAGE BREAK--- RESOLUTION BY NUMBER - 2011 I 343 AUTHORIZE DECREASING THE HOURS OF THE DIRECTOR OF VETERANS SERVICE AGENCY POSITION FROM A 25 HOUR WORK WEEK TO A 20 HOUR WORK WEEK – VETERANS AGENCY 344 AUTHORIZE LEASE AGREEMENT WITH AIM INDEPENDENT LIVING CENTER - BUILDINGS AND GROUNDS 345 AUTHORIZE AN ON-GOING CONTRACT WITH AIM INDEPENDENT LIVING CENTER FOR PHONE SERVICE – BUILDINGS AND GROUNDS 346 AUTHORIZE MONTH-TO-MONTH LEASE AGREEMENT WITH DAVID WOOD - BUILDINGS AND GROUNDS 347 AUTHORIZE TRANSFER OF FUNDS FROM BUILDINGS ACCOUNT TO GROUNDS ACCOUNT – BUILDINGS AND GROUNDS 348 AUTHORIZE CONTRACT RENEWAL WITH CLIMATE CONTROL TECHNOLOGIES, INC. – BUILDINGS & GROUNDS 349 AUTHORIZE CONTRACT EXTENSION WITH DICK’S ENTERPRISE – HIGHWAY 350 AUTHORIZE CONTRACT WITH HUNT ENGINEERS FOR ENGINEERING SERVICES FOR THE MILL STREET BRIDGE REPLACEMENT, VILLAGE OF ODESSA – HIGHWAY 351 AUTHORIZE CONTRACT WITH HUNT ENGINEERS FOR CONSTRUCTION INSPECTION SERVICES OF COUNTY ROAD 4 BRIDGE REPLACEMENT – HIGHWAY 352 RESOLUTION IN SUPPORT OF LEGISLATION PROPOSED BY CONGRESSMEN REED ENTITLED “BENEFICIAL UPGRAGES FOR INVESTMENT AND LOCAL DEVELOPMENT OF BRIDGES ACT OF 2011”- HIGHWAY 353 COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2011 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 354 DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT TAXES DUE JANUARY 2012 355 AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO BE CHARGED ON THE JANUARY, 2012, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE 356 AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2012, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE 357 ACCEPT/REJECT 2011 TAX AUCTION BIDS 358 AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW 359 SET DATE - 2011 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE ---PAGE BREAK--- RESOLUTION BY NUMBER – 2011 I 360 SET DATE - 2012 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 361 RESOLUTION STATING THAT CERTAIN ELECTED OFFICIALS ON THE PAYROLL SHALL FORGO THEIR PAY INCREASE OVER THE BUDGETED 2% 362 AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING 363 AUTHORIZATION TO CONVEY AN EASEMENT THROUGH LAND LOCATED IN THE COUNTY’S SENECA HARBOR PARK TO DORIS AND HENRY F. LEMBECK IV – BUILDINGS AND GROUNDS 364 ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SOCIAL SERVICES 365 ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – INFORMATION TECHNOLOGY 366 ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SHERIFF 367 ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – TREASURER 368 ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – COUNTY CLERK 369 ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – BOARD OF ELECTIONS 370 ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – CENTRAL GARAGE 371 ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SHERIFF/CONTROL OF DOGS 372 ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – WATERSHED 373 ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – MENTAL HEALTH 374 LOCAL LAW INTRO. NO. 4 OF THE YEAR 2011 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2012 375 AUTHORIZE RENEWAL OF THE INTER MUNICIPAL AGREEMENT WITH CHEMUNG COUNTY TO SHARE THE SCHUYLER COUNTY DIRECTOR OF WEIGHTS & MEASURERS A POSITION FOR 2012 376 SET SALARY FOR WEIGHTS & MEASURERS DIRECTOR A POSITION FOR 2012 377 AUTHORIZE ONGOING AGREEMENT WITH AIM INDEPENDENT LIVING CENTER FOR ROAD RUNNER SERVICE – INFORMATION TECHNOLOGY 378 AUTHORIZE CONTRACT WITH MCILROY MANAGEMENT & CONSULTING – TREASURER’S OFFICE 379 MOTION TO BRING ONE ADDITIONAL RESOLUTION TO THE FLOOR 380 LAYOFF A CERTAIN POSITION – CIVIL SERVICE ---PAGE BREAK--- RESOLUTION BY NUMBER - 2011 I SPECIAL MEETING DECEMBER 19, 2011 381 RATIFICATION OF SPECIAL MEETING 382 ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE PURCHASING CONSULTANT POSITION – PURCHASING YEAR END MEETING DECEMBER 28, 2011 383 APPROVE THE MINUTES OF THE DECEMBER 12, 2011 REGULAR MEETING AND THE DECEMBER 19, 2011 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 384 AUTHORIZE AGREEMENT WITH BLACK CREEK FOR MAINTENANCE OF JAIL MANAGEMENT SYSTEM SOFTWARE – SHERIFF’S OFFICE 385 AUTHORIZE APPLICATION AND CONTRACT WITH NEW YORK STATE FOR THE GOVERNORS TRAFFIC AND SAFETY COMMITTEE GRANT FOR IGNITION INTERLOCK DEVICES – PROBATION 386 AUTHORIZE AGREEMENT WITH COMFORT KEEPERS FOR PC1 AND SUPERVISION (RESPITE) SERVICES UNDER EISEP AND TITLE IIIE CAREGIVER PROGRAMS – OFFICE FOR THE AGING 387 AUTHORIZE AGREEMENT WITH HOME SWEET HOME FOR PC1 AND RESPITE SERVICES UNDER EISEP AND TITLE IIIE CAREGIVER PROGRAMS – OFFICE FOR THE AGING 388 AUTHORIZE AGREEMENT WITH MONTOUR GLASS FOR REPAIR SERVICES – OFFICE FOR THE AGING 389 AUTHORIZE BUSINESS ASSOCIATE AGREEMENTS WITH SCHUYLER HOSPITAL, INC. 390 DEDICATION OF 2011 PROCEEDINGS 391 AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS 392 UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2011- 2012 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 1 ORGANIZATIONAL MEETING JANUARY 5, 2011 The January 5, 201 Organizational Meeting of the Schuyler County Legislature was called to order at 9:00 a.m. by Stacy B. Husted, Clerk, acting as Temporary Chairman. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. County Attorney James Coleman and County Administrator O’Hearn were also present. The Oath of Office was administered by Linda Compton, County Clerk, to Legislators Elect, Thomas M. Gifford and Philip C. Barnes. PUBLIC PARTICIPATION: None. The Acting Chair asked for nominations from the floor for Chairman of the Legislature for the year 2011. MOTION by Legislator Gifford to nominate Legislator Dennis A. Fagan as Chairman, SECOND by Legislator Karius. Acting Chair asked for other nominations and there were none. Vote: 6-0. Abstain: Fagan. RERSOLUTION NO. 1 Motion by Larison, Second by Gifford. Error! Bookmark not defined.RE: CLOSE NOMINATIONS - 2011 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the nominations for the 2011 Chairperson of the Schuyler County Legislature be closed. Vote 7-0. RESOLUTION NO. 2 Motion by Larison, Second by Field. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2011 BE IT RESOLVED, that Dennis A. Fagan be Chairperson of the Schuyler County Legislature for the year 2011. Vote 7-0. RESOLUTION NO. 3 Motion by Larison, Second by Field. RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 2011 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 2011, as follows: Chairman Dennis A. Fagan #1 Vice-Chairman Doris L. Karius #2 Vice-Chairman Thomas M. Gifford #3 Vice-Chairman Glenn R. Larison #4 Vice-Chairman Michael A. Yuhasz #5 Vice-Chairman Stewart F. Field, Jr. #6 Vice-Chairman Barbara J. Halpin #7 Vice-Chairman Philip C. Barnes Vote 7-0. RESOLUTION NO. 4 Motion by Larison, Second by Field. RE: DESIGNATION OF LEGAL COUNTY NEWSPAPER BE IT RESOLVED, that The Watkins Review & Express weekly newspaper within Schuyler County, be designated as the legal County paper to publish resolutions, election notices, official canvass and other notices. Vote 7-0. RESOLUTION NO. 5 Motion by Larison, Second by Field. RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS BE IT RESOLVED, that the Depositories for Schuyler County funds be the following banks and for the following amounts: HSBC Watkins Glen Office Franklin at Eight Street ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 2 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 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 Larison, Second by Gifford. RE: CONFORM TO "RULES OF PROCEDURE" BE IT RESOLVED, that the "Rules of Procedure", as adopted on January 13, 1992 to be effective January 13, 1992, as amended on October 12, 1999, as amended on May 10, 2004, as amended on June 12, 2006, and as amended on January 1, 2007, be conformed to. Vote 7-0. RESOLUTION NO. 7 Motion by Larison, Second by Gifford. RE: APPOINTMENT - CHIEF CORONER FOR 2011 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 2011, 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 Gifford. RE: APPOINTMENT – COUNTY HISTORIAN BE IT RESOLVED, that Barbara Bell be appointed as County Historian for the year 2011. Vote 7-0. RESOLUTION NO. 9 Motion by Larison, Second by Halpin. RE: SCHEDULE OF SALARIES FOR 2011 BE IT RESOLVED, that the Schedule of Salaries for 2011, as attached hereto, be adopted, effective January 1, 2011, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 2011 Salary Schedule. Vote 7-0. RESOLUTION NO. 10 Motion by Larison, Second by Halpin. RE: ADOPT PURCHASING POLICIES & PROCEDURES BE IT RESOLVED, that the Purchasing Policies & Procedures for 2011, as attached hereto, be adopted, effective January 1, 2011. Vote 7-0. DISCUSSION: The Clerk advised them that the current policy reads Thomas Gifford as Chairman and will be changed now to reflect Chairman Dennis A. Fagan before distributed. RESOLUTION NO. 11 Motion by Larison, Second by Halpin. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 3 RE: DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO EXCEED $1,000 FOR THE YEAR 2011 – AS AMENDED WHEREAS, the State of New York has, pursuant to Sections 554 and 556 of the Real Property Tax Law (RPTL), authorized correction of errors and payment of tax refunds without prior audit for corrections for refunds not exceeding $2,500, and WHEREAS, Schuyler County desires to delegate to the Real Property Tax Services Director (Director) the authority as stated under said law. NOW, THEREFORE, BE IT RESOLVED, that there is hereby delegated to the Director the power to authorize the Schuyler County Treasurer to make payment of any refund or credit of taxes not exceeding the sum of $2.500 without prior audit, as provided in Sections 554(9) and 556(8) of the RPTL for the calendar year of 2011, with the following provisions: 1. That the Director shall comply with all provisions under RPTL Sections 554 and 556 relative to corrections of errors and the refund or credit of taxes. 2. That on or before the 15th day of each month the Director shall submit to the Legislature a report of the corrections, refunds and credits processed by such official during the month, embodying in that report the information as required under aforesaid statute. 3. That in no case shall the total amount of such refund or credit exceed the amount appropriated by the County Legislature. Vote 7-0. RESOLUTION NO. 12 Motion by Barnes, Second by Halpin. RE: ACKNOWLEGE APPOINTMENT OF DEMOCRATIC DEPUTY COMMISSIONER, BOARD OF ELECTIONS WHEREAS, John Vona, Democratic Commissioner in the Board of Elections, has appointed Carolyn C. Elkins with the endorsement of the Democratic Party for the term 2011-2012. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledge the appointment by John Vona, Commissioner, Board of Elections of Carolyn C. Elkins as Deputy Commissioner, Board of Elections effective January 1, 2011 through December 31, 2012 full-time, at an annual salary of $33,738. Vote 7-0. RESOLUTION NO. 13 Motion by Barnes, Second by Halpin. RE: ACKNOWLEGE APPOINTMENT OF REPUBLICAN DEPUTY COMMISSIONER, BOARD OF ELECTIONS WHEREAS, Joseph Fazzary, Republican Commissioner in the Board of Elections, has appointed Cindy L. Cady with the endorsement of the Republican Party for the term 2011-2012. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledge the appointment by Joseph Fazzary, Commissioner, Board of Elections of Cindy L. Cady as Deputy Commissioner, Board of Elections effective January 1, 2011 through December 31, 2012 full-time, at an annual salary of $30,900. Vote 7-0. PUBLIC PARTICIPATION: None. Legislator Larison thanked Legislator Gifford for his twelve years of services as Chairman. The Meeting adjourned at 9:10 a.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk REGULAR MEETING JANUARY 10, 2011 The January 10, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Gifford and followed by a Moment of Silence. All Legislators were present except Legislators Yuhasz and Barnes who were both excused. County Attorney James Coleman was present. The County Administrator, Timothy O’Hearn was also unable to make ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 4 the meeting, as he was out of town. PUBLIC PARTICIPATION: None. RESOLUTION NO. 14 Motion by Karius, Second by Gifford. RE: APPROVE THE MINUTES OF THE DECEMBER 29, 2010 YEAR END MEETING AND THE JANUARY 5, 2011 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the December 29, 2010 Year End Meeting and the January 5, 2011 Organizational Meeting of the Schuyler County Legislature be approved. Vote 6-0. RESOLUTION NO. 15 Motion by Gifford, Second by Field. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2011/2012 NEW YORK STATE VIOLENCE AGAINST WOMEN GRANT - DISTRICT ATTORNEY WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services for the purpose of assisting the Schuyler County District Attorney’s Office with retaining a designated prosecutor for violence against women, and WHEREAS, this Grant is estimated to be in the amount of $41,913 with no County match. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2011/2012 NYS VAWA 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 $41,913 with no County match; said documents subject to approval by the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 16 Motion by Gifford, Second by Field. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION ALLOWING THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY TO BE ABLE TO FINANCE AUTOMOBILE RACING FACILITIES WHEREAS, currently General Municipal Law does not allow Automobile Racing Facilities to be eligible for financing through the Schuyler County Industrial Development Agency, and WHEREAS, Industrial Development Agencies in New York State are created to promote the economic welfare, recreation opportunities and prosperity of the inhabitants of a municipality or County, and WHEREAS, it is the IDA’s function to actively attract and encourage development in the area in question. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature to adopt special legislation amending New York State General Municipal Law to make Automobile Racing Facilities eligible for financing through the Schuyler County Industrial Development Agency, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be sent to Christopher S. Friend, Senator Thomas F. O’Mara, Majority and Minority Leaders and the New York State Attorney General. Vote 6-0. RESOLUTION NO. 17 Motio by Gifford, Second by Field. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION ALLOWING SCHUYLER COUNTY TO GRANT A PERMANENT EASEMENT AT SENECA HARBOR PARK TO ALLOW ACCESS TO LAKEFRONT DEVELOPMENT OF ADJOINING PROPERTY WHEREAS, Seneca Harbor Place, LLC of 4833 Willow Point Rd, Burdett, NY 14818, has advised this Legislature that it intends to develop a thirteen million dollar, thirty seven unit housing development on lands adjoining Seneca Harbor Park, a county park in Watkins Glen, N.Y., and WHEREAS, such development will be a major economic asset for the entire county and will help to alleviate a critical housing shortage as identified in a 2008 study, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 5 WHEREAS, the preferred site plan includes a small 4054 sq. ft. section of park land, of which 1582 sq. ft. is part of the railroad right of way included in Seneca Harbor Park(map attached), and WHEREAS, this portion of the park is currently utilized as a parking/driveway area and this use will not change as a result of this action, and WHEREAS, the aforementioned development is contingent on Seneca Harbor Place, LLC obtaining access to their property, and WHEREAS, said access is only available utilizing a small portion of parkland which is already suitable for this access with no disruption to park use or activities. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature to adopt special legislation amending New York State law to allow the Schuyler County Legislature to grant a permanent easement of the above-described parcel to Seneca Harbor Place LLC contingent upon satisfactory compliance with the requirements of the Office of Parks, Recreation and Historic Preservation, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be sent to Christopher S. Friend, Senator Thomas F. O’Mara, Majority and Minority Leaders, New York State Attorney General, and the New York State Office of Parks, Recreation and Historic Preservation. Vote 6-0. RESOLUTION NO. 18 Motion by Larison, Second by Gifford. RE: AUTHORIZE APPOINTING THE COUNTY ADMINISTRATOR TO THE REGIONAL LOCAL DEVELOPMENT CORPORATION WHEREAS, the Southern Tier Central Regional Planning Development Board has developed a regional plan for a public open access telecommunications network that will enhance public safety, community, and business access to broadband optical fiber telecommunications service beyond that presently available to many parts of our county, and WHEREAS, the Schuyler County Legislature hereby commits that the County will support development of and participate in the oversight of the Project, and WHEREAS, the LDC will have a new board with representatives from Chemung, Steuben and Schuyler Counties. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints County Administrator, Timothy O’Hearn, to the Regional Local Development Corporation with no term length restrictions. Vote 6-0. RESOLUTION NO. 19 Motion by Larison, Second by Gifford. RE: AUTHORIZE EXTENDING LEASE AGREEMENT WITH EASTERN COPIER FOR COPIERS IN LEGISLATIVE AND PUBLIC HEALTH DEPARTMENTS – PURCHASING DEPARTMENT WHEREAS, the current copier lease with Eastern Copier Products for Legislative & Public Health Departments expires at a total cost of $535.00 in March 2011, and WHEREAS, Eastern Copier Products has agreed to extend said contract until February 2012, to coincide with the lease expiration of all other County copiers and ensure lower volume pricing, and WHEREAS, the cost of the copiers will be $60/month less than the current contract price and will continue under the current County-wide maintenance agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into an extended lease agreement with Eastern Copier Products, at a cost of $475.00; subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 20 Motion by Larison, Second by Gifford. RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING WHEREAS various departments have items to be declared surplus or junk and WHEREAS there were numerous additional items that were unusable and disposed of during the County relocations during 2009-2010, ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 6 NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the following assets surplus or junk, and BE IT FURTHER RESOLVED that the following items are to be bid out, placed in storage for an auction or disposed of. JUNK Asset # Description Serial # Department 3212 APC Smart UPS 429 N/A IT 4186 APC Backup 500 N/A IT 5867 Dell Optiplex GX 520 H0HVY71 IT 4298 HP DeskJet 720C MX84C1SO7F DSS 3930 Brother Fax Machine C97782929 DSS 5216 Dell OptiPlex 548D721 DSS 2253 Transfer Switch C780312755 Emer. Mgmt. 3539 Okidata Printer GE5256K Emer. Mgmt. 5226 Dell Optiplex GX260T 1H18B21 Purchasing 5868 Dell Computer Unknown Civil Service 3215 HP Printer SUS81QA116Y Cty Attorney 5876 Optiplex GX20 Minitower 1B8W881 Cty Attorney 4754 Dell PowerEdge 4400 Server 17LM301 Treasurer 4384 HON Chair DSS 3222 Canon Fax DSS 4748 Lexmark Printer DSS 1257 Paper Cutter DSS 2589 IBM Typewriter DSS 4070 IBM Typewriter DSS 3741 Gateway Laptop Real Property 4983 Imation USB & Monitor Real Property 0984 Safco Map Case Real Property 0988 12 Unit Metal Cabinet Real Property 0989 12 Unit Metal Cabinet Real Property 0983 Cabinet, Addressograph Real Property 0987 Safeco Case, 5-dwr Real Property 5396 Scale Public Health 5152 Digital Scale Public Health 3917 Oximeter Hand Pulse Public Health 3950 Halogen Diagnostic Kit Public Health 3951 Thermo Scan Public Health 3952 Digital Scale Public Health 4189 Hemoglobin Photo Meter Public Health 3192 Hemoglobimeter Public Health 5025 2) Canon Printers Mental Health 3229 Modem A00047033620 Elections 3933 TrippLite Battery Backup F01968776 Elections 4789 Canon Fax Elections 1713 Metal Desk, 5-drawer Records Mgmt 4654 Table, 8x3 Legislature 0293 Map Cabinet County Clerk 0304 B&H Microfilm Camera County Clerk 0003 Chair Treasurer 0004 Chair Treasurer ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 7 0005 Chair Treasurer 0127 Portable CD ROM Treasurer 1643 APC UPS Battery Backup Treasurer 3076 Chair Treasurer 3077 3-drawer legal file cabinet Treasurer 3518 16-Port hub Treasurer 3722 Bates numbering machine Treasurer 4624 APC Backup Treasurer 4628 2x3 Table Treasurer 5259 Desk Treasurer Numerous unusable desks, file cabinets, chairs, etc. SURPLUS Asset # Description Serial # Department Voting Machine Catharine 35856 Board of Elections Voting Machine Catharine 30097 Board of Elections Voting Machine Cayuta 35846 Board of Elections Voting Machine Cayuta 25855 Board of Elections Voting Machine Dix 1 131130 Board of Elections Voting Machine Dix 2 167886 Board of Elections Voting Machine Dix 3 167888 Board of Elections Voting Machine Dix 4 167887 Board of Elections Voting Machine Hector 1 35857 Board of Elections Voting Machine Hector 2 35858 Board of Elections Voting Machine Hector 3 35861 Board of Elections Voting Machine Hector 4 35859 Board of Elections Voting Machine Hector 5 35860 Board of Elections Voting Machine Montour 1 169194 Board of Elections Voting Machine Montour 2 173786 Board of Elections Voting Machine Orange 160650 Board of Elections Voting Machine Orange 35843 Board of Elections Voting Machine Reading 1 33050 Board of Elections Voting Machine Reading 2 33049 Board of Elections Voting Machine Tyrone 1 200338 Board of Elections Voting Machine Tyrone 2 200339 Board of Elections Voting Machine Watkins 7108 Board of Elections Glen Old High School Vote 6-0 RESOLUTION NO. 21 Motion by Karius, Second by Larison. RE: ACKNOWLEDGE APPOINTMENTS OF VOTING SYSTEM TECHNICIANS/CUSTODIANS – BOARD OF ELECTIONS WHEREAS, Election Law 3-302 provides for the Board of Elections to appoint as many voting system technicians/custodians as shall be necessary for the proper preparation, repair, and maintenance of voting equipment, and WHEREAS, it has been determined that the Schuyler County Board of Elections, in order to properly prepare, test, maintain and repair voting equipment in their possession in accordance with Section 6210.2 Routine Maintenance and Testing of Voting Systems, it is necessary to appoint two(2) Republicans and two(2) Democrats as Voting System Technicians/Custodians. NOW, THEREFORE, BE IT RESOLVED, that the Legislature acknowledges the appointment by the Election Commissioners of Robert Benjamin Mark P. Taylor Ted Carleton and Nicholas Clarke as Voting System Technicians/Custodians for the year 2011, to be compensated at an hourly rate of twenty dollars ($20.00) for miscellaneous preparation, testing, transportation and maintenance of Voting Systems and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 8 equipment, and other election related duties as assigned, to be funded by the Board of Elections 2011 Budget, and BE IT FURTHER RESOLVED, that Robert Benjamin will serve as Chief Technician/Custodian at a yearly stipend of one hundred ($100.00) dollars, also to be funded by the Board of Elections budget. Vote 6-0. RESOLUTION NO. 22 Motion by Karius, Second by Larison. RE: ACKNOWLEDGE APPOINTMENT AND SET REIMBURSEMENT RATES FOR SCHUYLER COUNTY REPUBLICAN AND DEMOCRATIC PARTY INSPECTORS – BOARD OF ELECTIONS WHEREAS, NYS Election Law 7-207 requires Party Inspectors representing the two major political parties to be present for the final preparation and inspection of voting systems and ballot counting machines prior to use in an election, and WHEREAS, Section 5 of the above referenced law requires that Party Inspectors shall be paid for their services an amount that shall be fixed by the Board of Elections and approved by the governing body, and WHEREAS, the Commissioners of Election, in compliance with HAVA legislation, have removed all lever-type voting machines from use in elections conducted by the Board of Elections and have established new procedures for the preparation and inspection of new electronic voting equipment no longer requiring the inspectors to be paid per machine. NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature hereby acknowledge and authorize that Democratic and Republican Party Inspectors be paid at an hourly rate of twenty dollars ($20) to be paid from the Board of Elections budget. Vote 6-0. RESOLUTION NO. 23 Motion by Karius, Second by Larison. RE: AUTHORIZE CONTRACT RENEWAL WITH FREDERICK M. CERIO, ESQ. FOR CHILD PROTECTIVE ATTORNEY SERVICES FOR 2011 – COUNTY ATTORNEY’S OFFICE WHEREAS, the Schuyler County Department of Social Services demonstrated the need for additional assistance in the prosecuting of Abuse & Neglect cases, and WHEREAS, the cost of such assistance has been budgeted and approved for the year 2011 in an amount of $10,000, and WHEREAS, the Department of Social Services (DSS) and the County Attorney’s Office wish to continue the agreement with Frederick M. Cerio, Esq. so that he may provide coverage for those DSS cases already being represented by him and extending into 2011, or conflict and overload cases that may arise in 2011, at an hourly rate of $100.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Frederick M. Cerio, Esq. for Child Protective Attorney Services for the County Attorney’s Office at an hourly rate of $100.00 per hour, not to exceed $10,000.00, effective January 1, 2011 through December 31, 2011, funding available in the 2011 County Attorney budget account no. 1420.401, subject to the approval by the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 24 Motion by Larison, Second by Gifford. RE: AUTHORIZE CONTRACT WITH VENESKY & COMPANY FOR HOME CARE CONSULTING SERVICES – PUBLIC HEALTH WHEREAS, Request for Proposals (RFP) have been received relative to the sale of the County’s Certified Home Health Agency (CHHA) Certificate of Operation, and WHEREAS, it is in the best interest of the County to utilize a professional firm with experience in the healthcare industry in reviewing proposals and negotiating management agreements to finalize a sale of this asset, and WHEREAS, the auditing and consulting firm of Jack Venesky, CPA has the requisite qualifications and successful experience in doing so. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Jack Venesky, CPA for the Public Health department to draft a Management Agreement for the sale of the CHHA Certificate of Operation in the amount of $9,500 for the purpose of reviewing the ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 9 recommended proposal and assisting with negotiating a management agreement for interim operation of the CHHA, effective immediately, funding available in the Public Health 2011 budget, account no. 4010.490, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 25 Motion by Larison, Second by Gifford. RE: ONE-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2011 through December 31, 2011, to wit: ALCOHOL AND SUBSTANCE ABUSE Mike Yuhasz, Legislature AUDITING COMMITTEE Thomas M. Gifford, Legislature Philip C. Barnes (Replacing Legislator Halpin) BARGAINING UNIT COMMITTEES County Administrator Human Resource Director Co-Chief Negotiators Committee Chair of Management & Finance CHAMBER OF COMMERCE Dennis A. Fagan, Chairman of the Legislature COMMUNITY HOME HEALTH CARE PROFESSIONAL ADVISORY COUNCIL James Coleman, MD – Medical Director Elizabeth Hayes, RN Mike Yuhasz Pamela Larnard – Deputy Director Mental Health Marcia RN – Deputy Director Public Health Ruth Bedient, HHA – Member at Large Patty Secord – Office for the Aging Sarah Mathews – DSS John Bullett, ST – Speech Therapist Michael Sandritter, PT – Physical Therapist Linda Donelson, RN – Falls Home Camelia Oswald, RN – Public Health Jagmohan Singh, MD - Schuyler Hospital Patricia Meyers J. Christopher Burns COMMUNITY SERVICES BOARD Philip C. Barnes EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE Dennis A. Fagan, Chairman of the Legislature FINGER LAKES RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. Glenn R. Larison, Legislature Alternate Timothy Hicks, Watershed Inspector, Legislative Representative FIRE SAFETY BOARD Philip C. Barnes, Legislator Larry States/Bill Mullaney, Monterey Jud Smith/Dominick Smith, Watkins Glen Don Hicks. Valois, Logan, Hector Al Buckland/Emery Kelly, Tyrone Mike Tomassi/John Jelliff, Odessa ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 10 Tom Carson/Jason Hudson/ Jake Burns, Montour Falls Brian Gunning/Al Foote, Mecklenburg Curt Connelly/Jason Kelly, Burdett Tim Husdon, Beaver Dams FISH & WILDLIFE MANAGEMENT BOARD Philip C. Barnes, Legislature INTER-COUNTY ASSOCIATION OF WESTERN NEW YORK Dennis A Fagan, Chairman of the Legislature Glenn. R. Larison, Legislator Stacy B. Husted, Clerk LABOR MANAGEMENT COMMITTEE Dennis A. Fagan, Chairman of the Legislature LOCAL EARLY INTERVENTION COORDINATING COUNCIL Nan Woodworth Shaw, WGCS District Lisa Crouch, Schuyler ARC Erik Miller, Provider Beverly Clickner, Social Services Pamela Larnard, Mental Health Jill Wendela, EIM Nancy St. Julien, Parent Kim Seaman, Parent Marcia Early Intervention Official, Public Health JoAnn Fratarcangelo, Youth Bureau/Families First Michael Yuhasz, Legislature Patricia Hurld, NYS DOH Kathy Ector, Child Care Council LAMOKA WANETA LAKES DISTRICT Stewart F. Field, Jr., Legislature OFFICE FOR THE AGING ADVISORY COUNCIL Dennis A. Fagan, Chairman of the Legislature SCOPED Dennis A. Fagan, Chairman of the Legislature Stewart F. Field, Legislature PEOPLE WITH DEVELOPMENTAL DISABILITIES SUBCOMMITTEE Michael Yuhaz PLANNING COMMISSION Clara Tryon, Industry Representative PROFESSIONAL ADVISORY Dennis A. Fagan, Chairman of the Legislature Mike Yuhasz SOIL AND WATER CONSERVATION BOARD Glenn R. Larison, Legislature Doris L. Karius, Legislature SOUTHERN TIER CENTRAL REGIONAL PLANNING BOARD Dennis A. Fagan Thomas M. Gifford Tim O’Hearn YOUTH BOARD Erik Ellison – Youth Vote 6-0. RESOLUTION NO. 26 Motion by Larison, Second by Gifford. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 11 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, 2011 through December 31, 2012, to wit: AGRICULTURAL & FARMLAND PROTECTION BOARD Daniel Teed, Farmer ENVIRONMENTAL MANAGEMENT COUNCIL Doris L. Karius, Legislator John M. Flowers, Member at Large Kate Bartholomew, Member at Large Jeanne Fudala, Member at Large Frank Spena, Village of Watkins Glen Edward Gates, Farm Representative Marie Stevens, Town of Hector Roxanne Leyes, Town of Catharine Tim Hicks, Watershed Jerry Verrigni, Soil & Water Conservation FISH & WILDLIFE MANAGEMENT BOARD Barlow Rhodes LABOR MANAGEMENT COMMITTEE County Administrator Human Resources Director LAW LIBRARY Michael Yuhasz OFFICE FOR THE AGING ADVISORY COUNCIL Paul Marx, Catholic Charities Beverley Clickner. Social Services Marge Arcangeli Barbara Berghoff Camelia Oswald, RN Christopher Sulkey Robert Burnside Philip Smith Emily Grimmke PLANNING COMMISSION John Wickham, Agriculture Rita Schreiber, Town of Orange James Kuehl, Medical Mike Bergen, Town of Hector DeborahCox, Town of Montour James Adesso, Village of Watkins Glen Richard Owlett, Town of Catharine QUEEN CATHARINE STEERING COMMITTEE Philip C. Barnes Vote 6-0. RESOLUTIION NO. 27 Motion by Larison, Second by Gifford. RE: TWO-YEAR APPOINTMENTS NON-CALENDAR YEAR BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below board, committee, agency, for the term November 1, 2010 through October 31, 2012, to wit: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 12 WORKFORCE DEVELOPMENT BOARD Troy Preston, Schuyler Hospital, HR Director Tim O’Hearn, Schuyler County Administrator Vote 6-0. RESOLUTION NO. 28 Motion by Larison, Second by Gifford. RE: THREE-YEAR APPOINTMENTS NON-CALENDAR YEAR BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below board, committee, agency, for the term November 1, 2010 through October 31, 2013, to wit: WORKFORCE DEVELOPMENT BOARD Kelsey Jones, SCOPED Vote 6-0. RESOLUTION NO. 29 motion by Larison, Second by Gifford. 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, 2011 through December 31, 2013, to wit: SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY – SCIDA Kevin Murphy Richard Owlett SOIL AND WATER CONSERVATION BOARD Anthony Specchio YOUTH BOARD Rebecca Bacon, Sheriff’s Department Chris Rosno, Probation Department Melissa Schroeder, Member at Large Heather Wyncoop-Beacher, District I Vote 6-0. RESOLUTION NO. 30 Motion by Larison, Second by Gifford. 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, 2011 through December 31, 2014, to wit: COMMUNITY SERVICES BOARD Tamre Waite JoAnn Fratarcangelo Steven Rogers Dr. Sarra Solomon MENTAL HEALTH SUBCOMMITTEES Edward Lovell Vote 6-0. RESOLUTION NO. 31 Motion by Larison, Second by Gifford. RE: APPOINTMENTS TO BOARDS WITH NO TERMS BE IT RESOLVED, that the following individuals be appointed to the following boards effective January 1, 2011: COUNCIL OF GOVERNMENTS Dennis A. Fagan, Chairman of the Legislature CRIMINAL JUSTICE ADVISORY COMMITTEE Dennis A. Fagan, Chairman of the Legislature HEALTH INSURANCE REVIEW COMMITTEE Thomas M. Gifford, Legislature ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 13 INFORMATION TECHNOLOGY ADVISORY COMMITTEE Thomas M. Gifford, Legislature LOCAL EMERGENCY PLANNING COMMITTEE Dennis A. Fagan, Elected Official RECORDS MANAGEMENT BOARD Dennis A. Fagan, Legislature SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT (SCIDA) Thomas M. Gifford, Legislature SCHUYLER COUNTY SAFETY COMMITTEE Loren Cottrell, Member at Large Vote 6-0. RESOLUTION NO. 32 Motion by Larison, Second by Gifford. RE: MOTION TO BRING TWO ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two additional Resolutions be brought to the floor. Vote 6-0. RESOLUTION NO. 33 Motion by Larison, Second by Field. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED 2011 TOWN OF CATHARINE TAX ROLL – REAL PROPERTY TAX WHEREAS, an application for correction of real property taxes has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for parcels 68.17-2-1, 68.17-2-2 & 68.17-2-3 owned by the State of New York in the Town of Catharine, and WHEREAS, the properties were acquired by the state and are therefore exempt from taxation pursuant to RPTL Section 404, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that it constitutes an unlawful assessment as defined in RPTL Section 550(7)(a), and WHEREAS, it is the recommendation of the Director to approve the application. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the 2011 tax roll and warrant be adjusted to reflect a current amount due of zero as outlined below, and BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to make the appropriate chargebacks to the Town of Catharine, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Catharine. Parcel Bill # 2011 Amount Due Corrected Amount Due 68.17-2-1 1070 $1,938.44 $0 68.17-2-2 1071 $1,033.43 $0 68.17-2-3 1072 $1,107.25 $0 Vote 6-0. RESOLUTION NO. 34 Motion by Larison, Second by Field. RE: AUTHORIZE AMENDING THE 2011 SALARY SCHEDULE WHEREAS, several salary steps for the Schuyler County Road Patrol Association employees were erroneously omitted from the adopted 2011 Salary Schedule. NOW, THEREFORE, BE IT RESOLVED, that the Schedule of Salaries for 2011, as on file, is amended effective January 1, 2011. Vote 6-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None. COUNTY ADMINISTRATOR’S REPORT: None, not present. PUBLIC PARTICIPATION: None. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 14 The Meeting adjourned at 6:38 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk REGULAR MEETING FEBRUARY 14, 2011 The February 14, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. County Attorney James Coleman and the County Administrator Timothy O’Hearn were also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 35 Motion by Karius, Second by Gifford. RE: APPROVE THE MINUTES OF THE JANUARY 10, 2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the January 10, 2011 Regular Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 36 Motion by Barnes, Second by Field. RE: AUTHORIZE GRANT APPLICATION FOR 2010 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 a Fire Prevention and Safety Grant (FP&S), up to approximately $100,000.00 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 2010 Fire Prevention and Safety Grant; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 37 Motion by Barnes, Second by Field. RE: AUTHORIZE LEASE AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR TWO NEW VEHICLES – SHERIFF’S OFFICE WHEREAS, money has been appropriated to lease new vehicles for the Sheriff’s Office, and WHEREAS, such lease has been obtainable through the State bidding procedure. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a three-year lease agreement with Ford Motor Credit Company for the Sheriff’s Department for two 2010 Dodge Chargers, through the State leasing procedure in the total amount of $15,790.77 annually, funding available in each budget year account no. 3110.204; and two light bars in a total amount of $995.68 annually, funding available in each budget year account no. 3110.444; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 38 Motion Barnes, Second by Field. RE: AUTHORIZE THE CREATION AND FILLING OF TWO PART-TIME TRANSPORT AIDE – FEMALE POSITIONS – SHERIFF’S OFFICE WHEREAS, there has been an increase in female transports, for corrections and mental health issues, and WHEREAS, there is a need to create two new part-time transport aide positions, and WHEREAS, the Sheriff’s Office is requesting to create these positions, upon the approval of the County Administrator, and WHEREAS, these positions are on an as needed, call in basis, and funding is available in the 2011 budget for these positions. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 15 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to create and fill two Transport Aide-Female positions for the Schuyler County Jail effective immediately at an hourly rate of $13.3116, as set forth in the Schuyler County Correction Officer’s Benevolent Association Union Contract. Vote 7-0. RESOLUTION NO. 39 Motion by Halpin, Second by Gifford. RE: APPROVE ALTERNATIVES TO INCARCERATION SERVICE PLAN FOR 2011 - PROBATION DEPARTMENT WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for 2011, and WHEREAS, the said Plan and Budget have been reviewed, and both appear to be in order and have been approved by the Public Safety/Criminal Justice Committee of this Legislature. NOW, THEREFORE, BE IT RESOLVED, that the 2011 Alternatives to Incarceration Service Plan and Budget be hereby approved by the Schuyler County Legislature, and the Chairman be authorized to sign the same upon approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Criminal Justice Advisory Council shall submit the same to the New York State Division of Probation and Correctional Alternatives for final approval. Vote 7-0. RESOLUTION NO. 40 Motion by Halpin, Second by Gifford. RE: AUTHORIZE CONTRIBUTING $1,000 TOWARDS A REGIONAL TRANSPORTATION STUDY FOR A MOBILITY PLAN INCLUDING TOMPKINS COUNTY AND SURROUNDING COUNTIES WHEREAS, there is a need to provide transportation options that facilitate movement of people in the multicounty area surrounding Tompkins County – Tioga, Schuyler, Seneca, Cayuga, Cortland, Broome, and Chemung Counties – for all trip purposes, and WHEREAS, the Ithaca-Tompkins County Transportation Council is in the process of applying for a Regional Transportation Study for a Mobility Plan to cover said areas, and WHEREAS, Schuyler County has been approached to be included in this plan by committing a local share cost of $1,000 contributing toward part of the $50,000 local share of a $250,000 project, and WHEREAS, said project is funded by Federal Surface Transportation program flexible funds and is included in the Ithaca-Tompkins County Transportation Council’s 5-year 2011-2015 Transportation Improvement Program (www.tompkins-co.org/itctc). NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby commits $1,000 to the Regional Transportation Study, to be funded from account no. 5630.400-Transporatation. Vote 7-0. RESOLUTION NO. 41 Motion by Halpin, Second by Gifford. RE: AUTHORIZE GRANT APPLICATION FOR SCHUYLER COUNTY UNITED WAY FOR THE FAMILY PLAY & RESOURCE CENTER – YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play and Resource Center program, and WHEREAS, funding is needed for contracting for continued program development, oversight and maintenance, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and WHEREAS, there is no local match required. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for funding for the Family Play & Resource Center and any subsequent contracts; subject to review of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 42 Motion by Halpin, Second by Gifford. RE: AUTHORIZE CONTRACT WITH HARMONY INFORMATION SYSTEMS, INC. FOR THE COLLECTION OF AND USE IN REPORTING OF CLIENT SERVICE DATA – OFFICE FOR THE AGING AND INFORMATION TECHNOLOGY ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 16 WHEREAS, the New York State Office for the Aging (NYSOFA) has mandated that various records that are required to be maintained in the provision of services by this Office be electronically compiled, stored, and transmitted in certain electronic format, and WHEREAS, the software package to be used and that is highly encouraged by NYSOFA is SAMS (Social Assistance & Management System) which is manufactured, sold, and serviced by Harmony, and WHEREAS, this Office has purchased SAMS which has been in use in this Office since 2005, and WHEREAS, software needs are incorporated into the Central Data Processing budget, and WHEREAS, there is money available in the 2011 Central Data Processing budget account 1680.0400 for said project. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Harmony Information Systems, Inc. to provide the necessary user licenses and implement software products to procure related services in the amount of $4,763.00 for the term of February 1, 2011 through January 31, 2012, said contract subject to approval of the Schuyler County Attorney. Vote7-0. RESOLUTION NO. 43 Motion by Halpin, Second by Gifford. RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING FOR THE NY CONNECTS PROGRAM YEAR FIVE – OFFICE FOR THE AGING AND DEPARTMENT OF SOCIAL SERVICES WHEREAS, Schuyler County has a NY Connects program as a component of Families First, and WHEREAS, NY Connects is a program for individuals with long term care or chronic healthcare issues from birth to death which provides information, assistance and referrals, and WHEREAS, Families First/NY Connects is a collaborative effort between the Youth Bureau, Office for the Aging, Public Health and the Department of Social Services, and WHEREAS, the State of New York acting through the New York State Office for the Aging implements the program with the Schuyler County Office for the Aging as the liaison and the Department of Social Services as the conduit for the funding. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all agreements with the New York State Office for the Aging for the continuation of the NY Connects program from October 1, 2010 through September 30, 2011, for the allocated amount of $45,734, said agreement subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 44 Motion by Halpin, Second by Gifford. RE: AUTHORIZE AGREEMENT WITH CORNELL COOPERATIVE EXTENSION OF SCHUYLER COUNTY (CCE) FOR SENIOR CAMP SERVICES FOR 2011 – OFFICE FOR THE AGING WHEREAS, a plan has been developed by the Schuyler County Office for the Aging (OFA) and the Cornell Cooperative Extension of Schuyler County (CCE) to jointly host a senior camp during the summer of 2011 at the Hidden Valley 4-H Camp, and WHEREAS, the CCE has a contract with the NYS Parks and Recreation for use of said camp, and WHEREAS, the CCE has agreed to provide one weekend devoted to a senior camp, and WHEREAS, the CCE will charge a flat fee of $2,500 to include buildings and grounds usage, meals and staffing, and WHEREAS, the OFA has the funds to cover such an expense under the Senior Recreation services covered under the State funded Community Services Initiative (CSI) program, and WHEREAS, the OFA will charge a registration fee and seek sponsorship as well as other donations to help cover costs associated with the camp. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with the Cornell Cooperative Extension of Schuyler County to provide the location for a weekend Senior Camp in conjunction with the Schuyler County Office for the Aging through the budget account no. 6772.0401 for the term of January 1, 2011 through December 31, 2011, said contract subject to approval of the Schuyler County Attorney. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 17 Vote 7-0. RESOLUTION NO. 45 Motion by Halpin, Second by Field. RE: AUTHORIZE AGREEMENT WITH ROGER PIKE OF FINGER LAKES CONTRACTING - OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging, as part of its mission under the EISEP, Caregiver and WRAP programs, provides repairs, removal of architectural barriers, maintenance of appliances, installation of health and safety related items and modifications to a client’s living environment, and WHEREAS, the Schuyler County Office for the Aging has monies under each funding stream related to these specific needs, and WHEREAS, Contractor, Roger Pike of Finger Lakes Contracting, has agreed to provide services within his areas of expertise, and WHEREAS, the cost of services includes supplies, labor at a rate of $15.00 per hour and mileage at the County reimbursement rate, and WHEREAS, in keeping with the practice of requesting donations for services rendered by the Office for the Aging, the cost of the services could be minimized or covered by the donations requested and collected from participants. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Roger Pike of Finger Lakes Contracting for the purpose of providing home repairs, modifications and installations for EISEP, Caregiver and WRAP clients as identified and approved by the Schuyler County Office for the Aging through the OFA budget account no. 6772.0401 for the term of January 1, 2011 through December 31, 2011, said contract subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 46 Motion by Halpin, Second by Field. RE: AUTHORIZE AMENDING THE 2010 CONTRACT WITH THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES – COMMUNITY SERVICES WHEREAS, the Community Services Department has a contract with the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes (Council on Alcoholism) for 2010 in the amount of $199,306, 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 $5,046. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract amendment with the Council on Alcoholism for alcoholism and substance abuse prevention services in the amount not to exceed $204,352 for the term January 1, 2010 through December 31, 2010, funding available in the 2010 budget with no local share effect, subject to the approval of the County Attorney. Vote 7-0. RESOLUTION NO. 47 Motion by Halpin, Second by Field. RE: AUTHORIZE AGREEMENT WITH NATIONAL ASSOCIATION OF COUNTY AND CITY HEALTH OFFICIALS (NACCHO) – PUBLIC HEALTH WHEREAS, National Association of County & City Health Officials (NACCHO) has received a grant from the Department of Health and Human Services (Grant Number: CFDA Number: 93.008) (the “Grant”) to build the capacity of local Medical Reserve Corps (“MRC”) units, and WHEREAS, pursuant to the terms of the Grant, NACCHO has agreed, among other things, to provide support to MRC units and to encourage these units to provide certain information to the Office of the Surgeon General’s Office of the Civilian Volunteer Medical Reserve Corps and WHEREAS, Public Health is itself an MRC unit that is registered in good standing with the and WHEREAS, pursuant to the terms of the Grant, NACCHO desires to provide funding to Public Health in exchange for Public Health agreeing, among other things, to undertake the activities indicated in their ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 18 capacity building application or oversee such activities and to provide certain information to the NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature by hereby authorized to sign any and all documents with NACCHO for the Public Health Department for services for the term January 5, 2011 through July 31, 2011, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 48 Motion by Barnes, Second Halpin. RE: ACCEPT AND ESTABLISH THE LEAD POISONING PREVENTION GRANT – PUBLIC HEALTH WHEREAS, the Schuyler County’s annual Lead Poisoning Prevention Grant will be in the amount of $23,732, and WHEREAS, said grant is for the period October 1, 2010 through September 30, 2011. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2011 Lead Grant Budget, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the grant, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 49 Motion by Barnes, Second by Halpin. RE: AUTHORIZE SALE OF SCHUYLER COUNTY CERTIFIED HOME HEALTH AGENCY (CHHA) WHEREAS, Schuyler County currently operates a certified home health agency (CHHA) under Article 36 of the New York Public Health Law in Schuyler County, and WHEREAS, Schuyler County in recent years has experienced difficulty in providing staffing and maintaining service levels of its CHHA, and WHEREAS, in the interest of improving upon the aforementioned deficiencies, Schuyler County intends to sell its business in the future and by Resolution No. 268 of 2010 was authorized to Request Proposals from qualified bidders to acquire certain assets comprising the CHHA , and WHEREAS, Genesee Region Home Care Association, Inc.(GRHC) has submitted a satisfactory proposal and has the necessary personnel, facilities and ability to provide improved services to Schuyler County in connection with the Agency’s Article 36 operations. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the sale of the CHHA and transfer of its Operating Certificate to Genesee Region Home Care Association, Inc. (GRHC), pursuant to the terms outlined in GRHC proposal, and subject to final negotiation of terms and conditions, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorize to sign any and all documents relative to the sale, subject to the approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 50 Motion by Barnes, Second by Halpin. RE: AUTHORIZE MANAGEMENT AND ADMINISTRATIVE SERVICES AGREEMENT WITH GENESEE REGION HOME CARE ASSOCIATION, INC. (GRHC) - PUBLIC HEALTH WHEREAS, Schuyler County Department of Public Health (the “Agency”) operates a certified home health agency under Article 36 of the New York Public Health Law in Schuyler County, and WHEREAS, Genesee Region Home Care Association, Inc.(GRHC) operates a certified home health agency under Article 36 of the New York Public Health Law, and WHEREAS, Schuyler County intends to sell its business in the future and desires to purchase certain management and administrative services from GRHC for the purpose of managing the day to day operation of the Agency until such sale is completed, and WHEREAS, GRHC has the necessary personnel, facilities and ability to provide said management and administrative services to Schuyler County in connection with the Agency’s Article 36 operations. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Management and Administrative Services Agreement with GRHC, effective upon signing, subject to final negotiation of terms and conditions and approval by the Schuyler County Attorney. Vote 7-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 19 RESOLUTION NO. 51 Motion by Karius, Second by Halpin. RE: AUTHORIZATION TO SUBMIT APPLICATION FOR HOME CARE LICENSURE – PUBLIC HEALTH WHEREAS, Public Health Department will be selling the Certified Home Health Agency operating certificate, and WHEREAS, the Public Health Department will be required to become a Licensed Home Care Services Agency in order to operate its Public Health programs; and WHEREAS, the buyer’s Certificate of Need Application will not be approved until the Public Health Department is approved as a Licensed Home Care Services Agency; and WHEREAS, County Legislative approval is required to submit the application to the NYS Department of Health. NOW, THEREFORE, BE IT RESOLVED, the Public Health Department is authorized to complete and submit an application to become a Licensed Home Care Services Agency and that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the application, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 52 Motion by Karius, Second by Halpin. RE: AUTHORIZE INCREASE IN MEDICAID TRANSPORTATION REIMBURSEMENT RATE – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services is required under certain circumstances to reimburse Medicaid recipients for the cost of medical transportation, and WHEREAS, the Internal Revenue Service’s deductible cost of operating an automobile (includes vans, pickup trucks and panel trucks) for medical purposes in 2011 is $0.19 per mile, and WHEREAS, the Department wishes to update its medical transportation policy. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be hereby authorized to reimburse mileage for Medicaid recipients with prior approval at a rate of $0.19 per mile effective January 1, 2011, funding included in the Department of Social Services’ 2011 budget, account no. 6010.395. Vote 7-0. RESOLUTION NO. 53 Motion by Karius, Second by Halpin. RE: AUTHORIZE ADDENDUM WITH AULT INTERNATIONAL MEDICAL MANAGEMENT (AIMM), LLC – HUMAN RESOURCES WHEREAS, the County no longer needs medical management services now that it no longer self funds its health insurance, and WHEREAS, the County entered into a 3-year agreement with AIMM with a termination clause which did not anticipate switching health insurance plans, and WHEREAS, AIMM has offered to shorten the 3-year agreement to 2-years, however the scope of services will change from a pre-certification program to a disease management program, and WHEREAS, it is the recommendation of the Human Resources Director and County Administrator that the County enter into this agreement addendum. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an addendum to the current agreement with AIMM as noted above, with no change in cost, for the calendar year 2011; funding available in health insurance account no. 001.9060.807; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 54 Motion by Gifford, Second by Field. RE: ADOPT PLANS AND POLICIES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) RELATIVE TO THE WATER AND SEPTIC REPLACEMENT PROGRAM WHEREAS, the County of Schuyler has received a Community Development Block Grant (CDBG), and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 20 WHEREAS, grant regulations require that the County adopt certain plans and policy as well as make certain appointments. NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler hereby adopts the following plans and policy, copies of which are attached hereto: • Fair Housing Plan • Relocation and Anti-Displacement Plan • Policy Regarding Civil Rights Demonstrations • Policy Regarding Drug-Free Workplace SCHUYLER COUNTY FAIR HOUSING PLAN Schuyler County endeavors to undertake its Community Development Block Grant Program in full compliance with all Fair Housing Laws including, but not limited to, Title VI of the Civil Rights Act of 964 (Public Law 88-352, 42 USC 2000d) and The Fair Housing Act (Public Law 90-284, 42 USC 3601-20). Upon a complaint by a member of the public or by his/her own authority, the Fair Housing Officer is empowered to investigate any complaints regarding violation of any aspect of any Fair Housing Law. The Fair Housing Office is authorized to allow the U.S. Department of Housing and Urban Development or any other government agency to assist with any investigation. If the Fair Housing Officer finds that there is a violation of fair Housing Law, the Fair Housing Officer may take appropriate corrective measures after informing the County Legislature of the findings. SCHUYLER COUNTY RELOCATION AND ANTI-DISPLACEMENT PLAN Schuyler County does not believe it will temporarily or permanently dislocate or displace any residents who are being assisted under the program. In the unlikely event that it does have to dislocate or displace any residents, it will attempt to minimize such displacement and it will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (24 CFR 570.606(c)) governing the residential anti-displacement and relocation assistance and the relocation requirements of 24 CFR 570.606(d) governing optional relocation assistance under section 105 (a)(11) of the Act. SCHUYLER COUNTY POLICY REGARDING CIVIL RIGHTS DEMONSTRATIONS It is the policy of Schuyler County to prohibit law enforcement agencies within its jurisdiction from using excessive force against any individuals engaged in non-violent civil rights demonstrations. It is the policy of Schuyler County to enforce applicable State and local laws against physically barring entrance to, or exit from, any facility or location which is the subject of non-violent civil rights demonstrations within its jurisdiction. AUTHORIZE AMENDMENT TO THE DRUG-FREE WORKPLACE POLICY FOR THE PURPOSES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR THE WATER AND SEPTIC SYSTEMS PROJECT Schuyler County’s and Cornell Cooperative Extension’s Drug-Free Workplace Policies are acceptable for the Community Development Block Grant (CDBG) relative to the Water and Septic Replacement Program, with the inclusion of adding current workplaces to it, specifically the Watershed Protection Agency and the Human Services Complex, as well as adding notification requirements. The Place of Performance of this grant is: Schuyler County Office Building 105 9th Street Watkins Glen, NY 14891 Schuyler County Watershed Protection Agency 910 South Decatur Street Watkins Glen, NY 14891 Human Services Complex 323 Owego Street, Unit 5 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 21 Montour Falls, NY 14865 Schuyler County must notify the OCR in writing, within ten calendar days after receiving notice that an employee that falls under the auspices of the CDBG has been convicted of any criminal drug violation occurring in the workplace, no later than five days after such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee of whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant. Schuyler County, within 30 calendar days of receiving notice of any employee who is so convicted shall take appropriate personnel action against such employee, up to and including termination consistent with the requirements of the Rehabilitation Act of 1973 as amended, or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal, State or local health, law enforcement or other appropriate agency. Vote 7-0. RESOLUTION NO. 55 Motion by Gifford, Second by Field. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED 2011 TOWN OF HECTOR TAX ROLL – REAL PROPERTY TAX WHEREAS, an application for correction of real property taxes has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for parcel 2.13-1-54 owned by Winters in the Town of Hector, and WHEREAS, the assessor has certified that the property owner applied for and should have been eligible to receive an aged exemption pursuant to RPTL Section 467, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that it constitutes a clerical error as defined in RPTL Section 550(2)(c), and WHEREAS, it is the recommendation of the Director and 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 2011 tax roll and warrant be adjusted to reflect a current amount due of $2,962.63 as outlined below, and BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to make the appropriate chargebacks to the Town of Hector, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Hector. Parcel Bill # 2011 Amount Due Corrected Amount Due 2.13-1-54 434 $5,368.19 $2,962.63 Vote 7-0. RESOLUTION NO. 56 Motion by Gifford, Second by Field. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED 2011 TOWN OF DIX TAX ROLL – REAL PROPERTY TAX WHEREAS, an application for correction of real property taxes has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for parcel 64.00-3-8.114 owned by Wickham in the Town of Dix, and WHEREAS, the house located on that property burned prior to taxable status date, 2010, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that it constitutes an error in essential fact as defined in RPTL Section 550(3)(a), and WHEREAS, it is the recommendation of the Director and 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 2011 tax roll and warrant be adjusted to reflect a current amount due of $222.96 as outlined below, and BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to make the appropriate ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 22 chargebacks to the Town of Dix, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Dix. Parcel Bill # 2011 Amount Due Corrected Amount Due 64.00-3-8.114 922 $1,886.18 $222.96 Vote 7-0. RESOLUTION NO. 57 Motion by Gifford, Second by Halpin. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED 2011 TOWN OF READING TAX ROLL – REAL PROPERTY TAX WHEREAS, an application for correction of real property taxes has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for parcel 52.00-1-40.1 owned by Diliberto in the Town of Reading, and WHEREAS, the 2011 tax bill includes the relevy of a previously paid school tax, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that it constitutes a clerical error as defined in RPTL Section 550(2)(h), and WHEREAS, it is the recommendation of the Director to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the 2011 tax roll and warrant be adjusted to reflect a current amount due of $1,466.97 as outlined below, and BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to make the appropriate chargeback to the Watkins Glen School District, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Reading. Parcel Bill # 2011 Amount Due Corrected Amount Due 52.00-1-40.1 869 $2,632.80 $1,466.97 Vote 7-0. RESOLUTION NO. 58 Motion by Gifford, Second by Halpin. 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 2011, and 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 2012-2013, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator Thomas F. O’Mara, New York State Christopher S. Friend and to the Majority and Minority Leaders of the New York State Senate and Assembly. Vote 7-0. RESOLUTION NO. 59 Motion by Gifford, Second by Halpin. RE: SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE” AND AUCTIONEER AGREEMENT – TREASURER’S OFFICE WHEREAS, final Judgment of Foreclosure in the pending tax foreclosure proceeding has been received by the County Attorney’s Office pursuant to Article 11 of the Real Property Tax Law, and WHEREAS, it is necessary to set a tax auction sale date in advance thereof, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 23 WHEREAS, the Schuyler County Treasurer is the enforcing officer responsible for carrying out a foreclosure sale. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer has set Saturday, March 19, 2011as a tax auction sale date, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature or his designee be, and hereby is, authorized to sign and the Sheriff’s Department to hand deliver a Notice to Vacate to all occupants of property on which the County of Schuyler holds, or will hold, a tax deed to, and BE IT FURTHER RESOLVED, that said Notice to Vacate be sent by registered mail to the most recent owners of record as shown in the property description, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the agreement with David A. Matson for auctioneer services for the year 2011, at a cost of 6% of the sale; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 60 Motion by Gifford, Second by Halpin. 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 February 14, 2011 through December 31, 2012, to wit: PLANNING COMMISSION Kirk Smith, Town of Dix Lori Village of Burdett Vote 7-0. RESOLUTION NO. 61 Motion by Gifford, Second by Halpin. RE: RESOLUTION OPPOSING THE STATE TAKING OF WESTERN’S PARTICPATING MUNICIPALITY’S ASSETS IN THE WESTERN REGIONAL OFF-TRACK BETTING CORPORATION WHEREAS, in September 1973, nine western New York counties established the Western Regional Off-Track Betting Corporation, as enabled by state law, and WHEREAS, these municipal “stockholders” chose to exercise that local option to form such a corporation that dictated local control by those municipalities over such gaming activities in their respective communities, and WHEREAS, the start-up costs of this enterprise were funded solely by these initiating counties from their own treasuries of taxpayer money and represented no state money nor allowed for any state confiscation of this purely local venture, and WHEREAS, since those nine counties voted to form Western Regional Off-Track Betting Corporation, an additional eight western New York counties have joined them in the local control of such gaming activities that has since 1973 generated over $200 Million in operating and surcharge revenues to the taxpayers of those participating municipalities, and WHEREAS, now, the incoming Governor and both houses of the State legislature are publically proposing a taking of Western OTB’s business and its assets by a consolidation of all the regional off-track betting corporations in this state by some state-sponsored private or quasi-governmental interloper that threatens a loss of local revenue, independence and local oversight of gaming in our communities, and WHEREAS, the participating municipalities of Western as its shareholders have a pro-rata financial interest in the $39 million of net equity re-invested in its 30-plus corporately-owned branch facilities and the track and casino at Batavia Downs, and WHEREAS, the reality of such state-sponsored consolidation and takeover of the OTB’s would rob Western’s communities of not only local control but their substantial re-investment of profits to acquire and maintain such money-making assets. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature opposes such a threatened “nationalizing” of Western’s business by New York State. Vote 7-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 24 RESOLUTION NO. 62 Motion by Gifford, Second by Halpin. RE: AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID AND STATE “MARCHISELLI” PROGRAM ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL AID PROJECT, AND APPROPRIATING FUNDS THEREFORE - HIGHWAY WHEREAS, a Project for the Bridge Replacement (BIN 2254310) South Genesee Road over Catharine Creek, Town of Montour, Schuyler County, PIN 6753.97 (“the project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% federal funds and 20% non-federal funds, and WHEREAS, the County of Schuyler desires to advance the project by making a commitment of 100% of the non-federal share of the costs of the replacement of BIN 2254310, South Genesee Road over Catharine Creek, Town of Montour, Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, duly convened does hereby approve the above-subject project and authorizes the County of Schuyler to pay in the first instance 100% of the Federal and non-Federal share of the cost of design and right of way incidental and acquisition work for the project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of $1,147,315.00 will be appropriated from account numbers 5020.400 and 5120.584 and made available to cover the cost of participation in the above phase of the project, and BE IT FURTHER RESOLVED, that in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, the County of Schuyler shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be and is hereby authorized to execute all necessary agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Schuyler with the New York State Department of Transportation in connection with the advancement or approval of the project, and providing for the administration of the project and the municipality’s first instance funding of project costs and permanent funding of the local share of Federal-aid-eligible project costs and all project costs within appropriations therefore that are not so eligible, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary agreement in connection with the project, and BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. Vote 7-0. RESOLUTION NO. 63 Motion by Gifford, Second by Halpin. RE: AUTHORIZE AMENDING RESOLUTION NO. 11-11 TITLED “DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO EXCEED $1,000 FOR THE YEAR 2011” TO INCREASE THE AMOUNT FROM $1,000 TO $2,500 – REAL PROPERTY TAX AGENCY BE IT RESOLVED, that Resolution No. 11-11 be amended to hereby delegated to the Real Property Tax Director the power to authorize the Schuyler County Treasurer to make payment of any refund or credit of taxes not exceeding the sum of $2,500 without prior audit, as provided in Sections 554(9) and 556(8) of the RPTL for the calendar year of 2011, effective immediately. Vote 7-0. RESOLUTION NO. 64 Motion by Halpin, Second by Field. RE: MOTION TO BRING TWO ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two additional Resolutions be brought to the floor. Vote 7-0. RESOLUTION NO. 65 Motion by Gifford, Second by Field. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 25 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 two weeks prior to the tax sale auction. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes its Chairman to accept any and all Offers 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, and 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 7-0. RESOLUTION NO. 66 Motion by Gifford, Second by Field. RE: AUTHORIZE TRANSFER OF FUNDS FROM WORKER’S COMPENSATION ACCOUNT TO INSURANCE SMP ACCOUNT – COUNTY ADMINISTRATOR WHEREAS, the General Liability invoice was received with the amount of the policy period February 1, 2011 through February 1, 2012 being $178,838.01, and WHEREAS, said Insurance SMP invoice exceeds the $177,800 funding in 2011 budget to make payment for said Insurance coverage. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to 0transfer $1,038.01 from Worker’s Compensation Account No. 9040.803 into Account No. 1910.0423 Insurance SMP. Vote 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Gifford reported on the three County Broadband grant. It has been approved with Corning, Inc. contributing $10 Million towards the cost of the $12 Million project required to do the job. COUNTY ADMINISTRATOR’S REPORT: Nothing new to report. MOTION to go into Executive Session made by Legislator Gifford, SECOND by Legislator Halpin to discuss employee work history. Motion carried seven ayes to zero noes. MOTION to come out of Executive Session made by Legislator Gifford, SECOND by Legislator Field. Motion carried seven ayes to zero noes. The meeting adjourned at 6:45 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk REGULAR MEETING MARCH 14, 2011 The March14, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present. County Attorney James Coleman and the County Administrator Timothy ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 26 O’Hearn were also present. PUBLIC PARTICIPATION: Mr. Paul Marcellus stated that as a hotel owner, at the end of the quarter he did not receive the sales tax report form from the state in a timely manner and payment was late. He would like to suggest that the sales tax form and room tax form possibly be posted on our Treasurer’s web page. This would relieve the State and the Treasurer’s Office as they could be submitted electronically. The burden would then be on the hotel/motel and B&B owners, not on the State or the County. He also wanted to bring to the Legislature’s attention that he has a pet peeve regarding the lack of understanding by Planning Boards of an Entrepreneur. There was a situation that made the papers a week or so ago. He feels they all need to try and find ways to initiate business in the County. Mr. Gary Whyman said he recently took advantage of the Freedom of Information Law (FOIL) and had received the last five years of the County’s Audit reports. He is wondering where to direct any questions he might have after reading all of them. Chairman Fagan informed him that the Management and Finance Committee oversee that audit and that he could direct any of his questions to that committee by attending or submitting his questions to the Clerk of the Legislature. The Clerk then provided the meeting dates and times as well as provided him with a business card with her email address. Mr. Whyman said he may send any questions with a representative versus himself. Administrator O’Hearn said that is fine. Legislator Gifford, Chairman of the Management & Finance Committee also recommend that Mr. Whyman could send the questions a head of time to the Clerk’s email. RESOLUTION NO. 67 Motion by Karius, Second by Larison. RE: APPROVE THE MINUTES OF THE FEBRUARY 14, 2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the February 14, 2011 Regular Meeting of the Schuyler County Legislature be approved. Vote 8-0. RESOLUTION NO. 68 Motion by Barnes, Second by Field. RE: AUTHORIZE CONTRACT WITH BETH PECK FOR INVESTIGATOR SERVICES – PUBLIC DEFENDER’S OFFICE WHEREAS, the Public Defender’s Office anticipates receiving Indigent Legal Services Fund (ILSF) revenues from the State for the year 2011 in the amount of $66,500, and WHEREAS, the Public Defender requires access to investigative services in order to adequately defend her clients, both in family court and criminal court. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Beth Peck for the Public Defender’s Office on an as needed basis at the rate of $30 per hour not to exceed $5,000 annually with mileage reimbursement at the current county rate, for the term March 1, 2011 through December 31, 2011; funding is available in the 2011 Public Defender budget account no. 1170- 435; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 69 Motion by Barnes, Second by Field. RE: RESOLUTION RECOGNIZING THE IMPORTANCE OF COUNTY SHERIFF’S MARINE PATROL AND STATE NAVIGATIONAL AID FUNDING FOR SERVICES – SHERIFF’S OFFICE WHEREAS, three Finger Lakes waterways have thirty six miles of lake shore in parts of Schuyler County, i.e. Seneca Lake, Cayuta Lake, Lamoka Lake, and Waneta Lake which are State owned public waters as indicated in State Navigation law, and WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) Marine Services Division designates the county sheriff to be the point of contact for marine patrols, safety, law enforcement, boat operators education, salvage operations, inspections and issuance of hull identification numbers, as well as the sheriffs review/approval of floating object and regatta permits on waterways throughout New York by Navigation Law, literature both on their OPRHP website, and in their official publications, and WHEREAS, it is noteworthy through the enforcement of laws, marine patrols can remove the dangerous boater from the waterways and sheriff’s officers often are the first responders to 911 calls for incidents on the ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 27 lakes for recreational users in boating mishaps, water and medical emergencies, reports of reckless operation, vessel fires, accidents, capsized vessels, stranded boaters, drowning, pollution, search, rescue and recovery, and WHEREAS, a portion of vessel registration fees and other finds since 1959 was historically provided as the State of New York has recognized the need to provide financial encouragement to counties undertaking the enforcement of the state’s navigation laws and provided 50% reimbursement which was later increased to 75% and then reduced in 2009 to 50% even though the state chose to increase boater registration fees, but earmarked the increased boater funds for the state highway and bridge trust find, and WHEREAS, revenue for this program is not from property tax payers, but provided exclusively from the motorboat user fees paid once every three years upon registration and presently these fees generate about $62 million annually to the state of New York of which only about $24 million is needed to pay the statutory reimbursement statewide to counties and municipalities for costs incurred, and WHEREAS, funding to reimburse county sheriffs for marine services was cut in the 2011-12 Executive Budget proposal released February 1, 2011, where fundamental changes are proposed to repeal sections 79 a and b from the State Navigation Law, thus eliminating reimbursement to counties effective April 1, 2011 wherein also affecting the “I love NY waterways” boating safety account, and greatly reducing leverage for federal grant funding to OPRHP from the Coast Guard, and WHEREAS, the Governor’s proposed funding cuts also include costs incurred by counties in 2010, for which $6,949.72 in reimbursement was already submitted as required in 2010 to the NYS OPRHP by the Sheriff, and will now require Schuyler County taxpayers to absorb, and WHEREAS, the Schuyler County Sheriff provides the public with a very important public safety service by patrolling these waterways, ensuring the safety of both recreational, public and commercial vessels, as well as providing OPRHP certified instructors for boaters safety operation education where in last three years 421 individuals were taught safe boating by Schuyler County Sheriffs marine patrol unit. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the Governor to reconsider the removing of this important financial aid and shifting the entire cost of marine patrol and related services including boaters safety education to the County of Schuyler property taxpayers, and BE IT FURTHER RESOLVED, that this Schuyler County Legislature urges the Governor and the State Legislature to consider the public safety of lakeside residents, renters, visitors, tourists, and all recreational boaters and users of the waterways, and realize the detrimental impacts that removing this funding aid will have on county budgets and restore this valuable historical aid, and BE IT FURTHER RESOLVED, that the Clerk shall forward copies of this Resolution to Governor Andrew M. Cuomo, Lieutenant Governor Robert Duffy, our and Senator, the Senate and Assembly Majority and Minority Leaders, the NYS Association of Counties, the NYS Sheriffs’ Association, the Counties of Ontario, Steuben, Seneca, and Yates Legislatures or Boards. Vote 8-0. RESOLUTION NO. 70 Motion by Barnes, Second by Field. RE: AUTHORIZE APPLICATION AND CONTRACT WITH NEW YORK STATE TO RECEIVE STATE GRANT FUNDING FOR MONITORING IGNITION INTERLOCK DEVICES – PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department has been designated as the oversight agency to monitor ignition interlock devices for probation supervision cases as well as conditional discharge sentences, and WHEREAS, the New York State Governors Traffic and Safety Committee has established grant money to support each designated monitoring agency in the amount of $114.66 for each ignition interlock case received. Schuyler County is eligible for a grand total of $6,420 of this grant funding. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to a contract established through the New York State Grant Management System allowing Schuyler County Probation to apply for and access these grant funds for the term of October 1, 2010 through September 30, 2011, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 71 Motion by Larison, Second by Yuhasz. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 28 RE: AUTHORIZE AMENDING THE 2010-2013 CONTRACT WITH BURLINGTON LABORATORIES OF SARATOGA TO INCREASE THE FEE FOR CONFIRMATIONS FROM $10 TO $25 - PROBATION DEPARTMENT BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an amended contract with Burlington Laboratories to increase the fee for confirmations from $10 each to $25 each, effective immediately through the term of the contract ending October 31, 2013, subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 72 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT OF THE COUNTY ADMINISTRATOR AS THE FAIR HOUSING OFFICER FOR SCHUYLER COUNTY WHEREAS, Schuyler County is the recipient of Federal funds under the Community Development Block Grant (CDBG) of the U.S. Department of Housing and Urban Development (HUD), and WHEREAS, it is the recommendation of the Community Development and Natural Resources Committee that the County Administrator, be appointed as the County’s Fair Housing Officer by title only. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature hereby appoints the County Administrator as the Fair Housing Officer for the County of Schuyler, and BE IT FURTHER RESOLVED, that the County Administrator shall be responsible for compliance with all Fair Housing Laws including, but not limited to, Title VI of the Civil Rights Act of 964 (Public Law 88-352, 42 USC 2000d) and The Fair Housing Act (Public Law 90-284, 42 USC 3601-20). BE IT FURTHER RESOLVED, upon a complaint by a member of the public or by his own authority, the Fair Housing Officer is empowered to investigate any complaints regarding violation of any aspect of any Fair Housing Law. The Fair Housing Office is authorized to allow the U.S. Department of Housing and Urban Development or any other government agency to assist with any investigation, and BE IT FURTHER RESOLVED, if the Fair Housing Officer finds that there is a violation of Fair Housing Law, the Fair Housing Officer may take appropriate corrective measures after informing the County Legislature of the findings. Vote 8-0. RESOLUTION NO. 73 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AMENDING THE AGREEMENT WITH SCHUYLER COUNTY PARTNERSHIP FOR ECONOMIC DEVELOPMENT (SCOPED) TO REQUIRE INSURANCE COVERAGE TO BE $5,000,000 WHEREAS, there is a need to amend the 2011 agreement with SCOPED to require SCOPED’s directors and officers coverage be increased to $5,000,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the current 2011 contract with SCOPED for Economic Development Services, to add language requiring said insurance coverage; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 74 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD – YOUTH BUREAU 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 of March 1, 2011 – December 31, 2011. Ashley Tieppo, Youth Representative Melanie Megan, Youth Representative Katelin Pierce, Youth Representative Vote 8-0. RESOLUTION NO. 75 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM – YOUTH BUREAU ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 29 WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the strict income criteria of the Workforce Investment Act Employment Program, and WHEREAS, the Schuyler County Youth Bureau in collaboration with the Watkins Glen International Raceway are desirous of integrating a temporary seasonal program for the above mentioned youth, and WHEREAS, the program will employ approximately 50 youth with the wages for the youth and supervisors to be reimbursed 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 April 15, 2011 through September 30, 2011 for youth ages 14 – 20, and that the Chairman of the Legislature be hereby authorized to sign the contract; subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 76 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE GRANT APPLICATION FOR TRIANGLE FUND GRANT – YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center program, and WHEREAS, funding is needed for supplies, operation and parenting education, and WHEREAS, the Schuyler County Youth Bureau acts as the oversight and fiscal agency for the program, and WHEREAS, the Triangle Grant offers funding for between $5,000 and $15,000 and there is no local match, and NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for funding for the Family Play & Resource Center and any subsequent contracts; subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 77 Motion by Halpin, Second by Larison. RE: AUTHORIZE AGREEMENT WITH BRIAN BEAUMONT FOR REPAIR SERVICES – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging, as part of its mission under the EISEP, Caregiver and WRAP programs, provides repairs, removal of architectural barriers, maintenance of appliances, installation of health and safety related items and modifications to a client’s living environment, and WHEREAS, the Schuyler County Office for the Aging has monies under each funding stream related to these specific needs, and WHEREAS, Contractor, Brian Beaumont, has agreed to provide services within his areas of expertise, and WHEREAS, the cost of services includes supplies, labor and mileage, at a not to exceed amount of $1250, and WHEREAS, in keeping with the practice of requesting donations for services rendered by the Office for the Aging, the cost of the services could be minimized or covered by the donations requested and collected from participants. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Brian Beaumont for the purpose of providing home repairs, modifications and installations for EISEP, Caregiver and WRAP clients as identified and approved by the Schuyler County Office for the Aging through the OFA budget account no. 6772.0401 for the term of March 1, 2011 through December 31, 2011, said contract subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 78 Motion by Halpin, Second by Larison. RE: AUTHORIZE CONTRACT WITH DALYA TAMIR PT, FOR PRESCHOOL SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Preschool Services for children, and WHEREAS, Dalya Tamir is approved as a provider for Preschool Services. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 30 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a Contract with Dalya Tamir, PT for Preschool Services, effective March 1, 2011 through June 30, 2012, at the rate of $65 per half-hour session, to be renewed annually, funds available in the Public Health budget, account no. 2960.0400, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 79 Motion by Halpin, Second by Larison. RE: AUTHORIZE CONTRACT WITH DALYA TAMIR, PT FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention Services for children, and WHEREAS, Dalya Tamir, PT is approved as a provider for Early Intervention Services, and WHEREAS, rates paid for Early Intervention Services provided under this contract are set by the New York State Department of Health and are not subject to negotiation. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Dalya Tamir, PT for Early Intervention Services, effective March 1, 2011 through December 31, 2012, at rates established by the New York State Department of Health, to be renewed annually, on a yearly basis, funds available in the Public Health budget, account no. 4054.490, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 80 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH ASSOCIATION FOR VISION REHABILITATION AND EMPLOYMENT, INC. FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention Services for children, and WHEREAS, the Association for Vision Rehabilitation and Employment, Inc. is approved as a provider for Early Intervention Services, and WHEREAS, rates paid for Early Intervention Services provided under this contract are set by the New York State Department of Health and are not subject to negotiation. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Association for Vision Rehabilitation and Employment, Inc. for Early Intervention Services, effective March 1, 2011 through December 31, 2012, at rates established by the New York State Department of Health, to be renewed annually, on a yearly basis, funds available in the Public Health budget, account no. 4054.490, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 81 Motion by Larison, Second by Halpin. RE: AUTHORIZE CHANGE ORDER #GC-013 WITH WELLIVER-MCGUIRE, INC. FOR THE GENERAL CONTRACTOR PORTION OF THE SHARED PUBLIC WORKS FACILITY – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 472-08 authorized a contract with Welliver-McGuire, Inc., for the General Contractor Portion of the Share Public Works Facility, and WHEREAS, lawn planting was included in the original scope of work, and needs to be remediated, and WHEREAS, Change Order GC-013 proposes a credit in lieu of the lawn planting remediation in the amount of ($3,696.80), and WHEREAS, the Building Maintenance Supervisor has reviewed the referenced changes and recommends authorization thereof as follows: Original Contract Amount $1,897,000.00 Net Change by Previously Authorized Change Orders $ 22,161.63 Contract Amount Prior to this Change Order #GC-013 $1,919,161.80 Amount Contract will Decrease by Change Order #GC-013 New Total Contract Amount $ (3,696.80) $1,915,464.83 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 31 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign Change Order #GC-013 for a credit of ($3,696.80) with Welliver-McGuire, Inc., subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 82 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT EXTENSION WITH THE OFFICE OF NEW YORK STATE PARKS, RECREATION AND HISTORICAL PRESERVATION FOR THE CATHARINE VALLEY TRAIL– BUILDINGS & GROUNDS WHEREAS, Resolution 48-07 authorized a Contract with New York State Office of Parks, Recreation and Historic Preservation to develop the Northern end of the Catharine Valley Trail, and WHEREAS, Resolution 154-10 authorized the scope of work changed from Development of Trail to Trailhead Improvements, Watkins Glen, and WHEREAS, the New York State Parks, Recreation and Historical Preservation has approved the use of the funds to be used at the Seneca Harbor Park for West End Lighting and Interpretive Signage with the work to begin in the fall of 2011. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a grant contract extension to expire August 12, 2012 with the Office of New York State Parks, Recreation and Historical Preservation; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 83 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE PAYMENT TO THOMAS G. MERRILL PROFESSIONAL LAND SURVEYOR FOR A SURVEY OF A PORTION OF SENECA HARBOR PARK – BUILDINGS & GROUNDS WHEREAS, Resolution No. 155-10 the Legislature authorized a SEQR for Alienation of a portion of Seneca Harbor Park and declared lead agency relative to redevelopment of the Seneca Lake waterfront, and WHEREAS, said alienation of County property required a survey to be completed, and WHEREAS, said survey was completed by Thomas G. Merrill professional Land Surveyor in the amount of $985.00. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes payment to Thomas G. Merrill Professional Land Surveyor for a survey of a portion of Seneca Harbor Park for redevelopment of the Seneca Lake waterfront, funding available in the Facilities and Grounds Capital Reserve Account No. 004.1620.209. Vote 8-0. RESOLUTION NO. 84 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE UTILIZING COUNTY ROUTE 23A AND 23 FOR A NEW YORK STATE ROUTE 226 DETOUR – HIGHWAY WHEREAS, the New York State Department of Transportation proposes to reconstruct the State Route 226 over Tobehanna Creek bridge, Capital Projection Identification Number 6100.09, and WHEREAS, in conformance with Section 42 of the New York State Highway Law, the New York State Department of Transportation proposed to utilize the following roads and streets as detours during the period of construction: County Route 23A between SR226 and CR23, County Route 23 between CR23A and SR226, and WHEREAS, the New York State Department of Transportation will provide traffic control devices and make improvements to the above mentioned roads and streets to make them adequate to handle additional detour traffic.NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize the New York State Department of Transportation to utilize the above mentioned roads and streets as detours during the period of construction, and BE IT FURTHER RESOLVED, that the Schuyler County Highway Department will continue to provide road maintenance on the above mentioned roads and streets, including snow and ice control, and BE IT FURTHER RESOLVED, that Schuyler County will own and maintain the permanent improvements made to the detour routes on the above mentioned roads and streets, and BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature is hereby directed to ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 32 transmit certified copies of this resolution to the State Department of Transportation. Vote 8-0. RESOLUTION NO. 85 Motion by Barnes, Second by Yuhasz. RE: RESOLUTION AUTHORIZING A SHARED SERVICES AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) - HIGHWAY WHEREAS, pursuant to Section99-r of the General Municipal Law, the State and Schuyler County wish to share services, exchange or lend materials or equipment which shall promote and assist the maintenance of State and Municipal roads and highways and provide a cost savings by maximizing the effective utilization of both parties’ resources, and WHEREAS, the Schuyler County Highway Department requests that a contract with NYSDOT be executed for shared services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature by hereby authorized to execute a contract with NYSDOT for shared services to Schuyler County Highway Department, subject to approval of the Schuyler County Attorney. Vote 8-0. WITHDRAWN RE: AUTHORIZE ENGINEERING CONSULTANT AGREEMENT WITH FOR THE DESIGN OF BOWER ROAD BRIDGE REPLACEMENT – HIGHWAY - WITHDRAWN WHEREAS, the replacement of BIN 3332400, Bower Road Bridge over Bolter Creek is a Federal-aid eligible project, and WHEREAS, there is money available in the 2011 budget account 5020.400 for said project. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to retain for engineering services, at a cost of $ for the replacement of Bower Road Bridge over Bolter Creek, subject to the approval of the Schuyler County Attorney. RESOLUTION NO. 86 Motion by Barnes, Second by Larison. RE: ADOPT SIGN POLICY FOR SIGN MAINTENANCE METHOD TO MAINTAIN MINIMUM LEVELS OF RETRO-REFLECTIVIY AS REQUIRED BY SECTION 2A.09 OF THE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) – HIGHWAY WHEREAS, Federal law and regulation pursuant to Manual on Uniform Traffic Control (MUTCD) Section 2A.09 requires various municipalities and governmental divisions to maintain minimum reflectivity with respect to signs, and WHEREAS, Schuyler County is desirous of instituting a maintenance policy to maintain minimal levels of retro-reflectivity with respect to its signage in order to meet the new standards for sign retro-reflectivity required by Section 2A.09 of the MUTCD-Federal Highway Association (FHWA), and WHEREAS, Schuyler County’s ongoing effort to meet these new standards shall continue to reflect the County’s commitment to traffic safety in Schuyler County and shall continue to be in compliance with these new standards by implementing these procedures contained in this assessment and management program. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the attached Sign Maintenance Method to Maintain Minimum Levels of Retro-reflectivity Policy, a copy of which is attached hereto and made a part hereof. Vote 8-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 33 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 34 RESOLUTION NO. 87 Motion by Barnes, Second by Larison. RE: AUTHORIZE SUPPLEMENTAL AGREEMENT FOR THE RIGHT OF WAY (ROW) AND PROPERTY APPRAISALS OF GENESEE BRIDGE REPLACEMENT- HIGHWAY WHEREAS, the replacement of PIN 6753.97, BIN 2254310, Genesee Street over Catharine Creek is a Federal-aid eligible project, and WHEREAS, a supplemental agreement is necessary for additional ROW surveys and acquisitions, and WHEREAS, Fisher Associates have been retained for additional services for the replacement of this bridge. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to this supplemental agreement not to exceed $ 5,405.00 funding available in the 2011 budget account no. 5020.400, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature sign the Just Compensation Report for property appraisals for Genesee Street Bridge, Town of Montour and set the minimum payment policy at $250.00. Contract and reports subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 88 Motion by Barnes, Second by Larison. RE: AUTHORIZE TWO CONTRACT EXTENSIONS WITH NEW YORK STATE BOARD OF ELECTIONS FOR HAVA GRANTS – BOARD OF ELECTIONS WHEREAS, the County Board of Elections has received HAVA Grant Funds in the amount of $11,910 per Contract Number T002569 for the purpose of Voter Education and Poll Worker Training, and Contract Number T002685 for Poll Site Accessibility Improvements, and WHEREAS, the above contracts expire on March 31, 2011, and said contracts have unexpended balances in the amount of $5,063.07 and $1,190.17 respectively, and WHEREAS, the New York State Board of Elections has extended contracts T002569 and T002685 for an additional year from April 1, 2011 to March 31, 2012. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute and sign said contract extensions of the above contracts T002569 and T002685 with the New York State Board of Election, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 89 Motion by Gifford, Second by Halpin. RE: AUTHORIZE CONTRACT EXTENSION WITH THE NEW YORK STATE BOARD OF ELECTIONS FOR A HAVA GRANT – BOARD OF ELECTIONS WHEREAS, the County Board of Elections has received HAVA Grant Funds in the amount of $2,861.00 per Contract Number T002627 for the purpose of Poll Site Accessibility Improvements, and WHEREAS, the above contract expires on March 31, 2011, and said contract has an unexpended balance in the amount of $133.00, and WHEREAS, the New York State Board of Elections has extended contract T002627 for an additional period from April 1, 2011 to September 30, 2011. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute and sign said contract extension of the above contract T002627 with the New York State Board of Election, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 90 Motion by Gifford, Second by Halpin. RE: RECOGNIZE APRIL 2011 AS “DONATE LIFE MONTH” – COUNTY CLERK WHEREAS, each year, the list of names of individuals in need of organ or tissue transplants continues to grow longer, and WHEREAS, today, more than 9,000 New Yorkers are waiting for an organ transplant, and thousands more are waiting for a cornea and/or tissue transplant, and WHEREAS, it is vitally important for each New Yorker to make a personal commitment to become an organ donor and to inform their family members of their decision, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 35 WHEREAS, family members of potential organ and tissue donors may be reluctant to give consent for donation if they do not know their loved one’s wishes to become and organ and tissue donor, and WHEREAS, the personal decision to become a donor relieves the donor’s family of the burden of making the decision for them, and WHEREAS, if the donor’s wishes are known, their family has the opportunity to support their loved one’s decision and help make their wishes come true, and WHEREAS, the Schuyler County Legislature encourages all citizens of New York State who have not already done so to consider enrolling now in the New York State Donate Life Registry, a confidential database established to document an individual’s consent to donate organs and tissues in the event of their death, and WHEREAS, New Yorkers can enroll in the registry on the New York State Department of Health website at: www.NYHealth.gov/donatelife. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes April 2011 as “Donate Life Month”. DISCUSSION: Legislator Barnes wanted to compliment the County Clerk for her initiative on this. She did a good job on this. Vote 8-0. RESOLUTION NO. 91 Motion by Gifford, Second by Halpin. RE: AUTHORIZE APPLICATION AND AGREEMENT WITH NEW YORK STATE IN ORDER FOR THE SCHUYLER COUNTY CLERK TO SELL E-Z PASSES IN THE CLERK’S OFFICE AND DMV – COUNTY CLERK WHEREAS, the County Clerk wishes to purchase E-Z passes through New York State and re-sell them to the public in the County Clerk’s Office and the DMV, and WHEREAS, this is a revenue generating sale for the County. NOW, THEREFORE, BE IT RESOLVED, that the County Clerk is hereby authorized to sign said application and that the Chairman of the Legislature is hereby authorized to sign said agreement with New York State for the purchase and sale of E-Z passes in the County Clerk’s office and DMV, provided all legal requirements are complied with, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 92 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH RACHAEL BORUCHOWITZ, J.D. FOR RESEARCH SERVICES – COUNTY ATTORNEY WHEREAS, the New York Civil Liberties Union (NYCLU) litigation is again moving through the appeals process and will be productive of significant further research effort, and WHEREAS, Rachael Boruchowitz, J.D., formerly employed by the County Attorney’s Office as an Intern for this purpose in the past has now graduated law school and is again available at a rate of $20 an hour, not to exceed $500. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Rachael Boruchowitz, J.D., for the above-referenced purpose, for the term February 21, 2011 through December 31, 2011, funding available in account no. 1420.443-Witness Fees & Trial Expenses; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 93 Motion by Larison, Second by Yuhasz. RE: LOCAL LAW INTRO. NO. 1 OF THE YEAR 2011 AMENDING LOCAL LAW NO. 3 OF THE YEAR 2009 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS FOR FISCAL YEARS 2010-2013 TO ALSO INCLUDE THE CPI INCREASE FOR THE DISTRICT ATTORNEY SALARY WHEREAS, the salary for the District Attorney was set in 2002 to be the same amount for each year of a four-year term, always subject to change by the State of New York per County Law Section 700 as amended, and WHEREAS, Local Law. No. 5 of the Year 2008 amended Local Law No. 4 of the Year 2005 issuing a one-time salary adjustment to the County Clerk, the Sheriff and the District Attorney salaries, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 36 WHEREAS, Local Law No. 3 of the Year 2009 set up a Cost of Living adjustment for certain elected officials for their four year term with the exception of the District Attorney’s salary as in the past, and WHEREAS, the Legislature now wishes to also issue a Cost of Living adjustment for the District Attorney position for the remainder of the four-year term in accordance with the Consumer Price Index (CPI) adjustment, with the Year 2011 being retroactive to January 1, 2011 with a 1.4% increase, making the 2011 salary $125,851, and WHEREAS, the wording - salary subject to change by State of New York” after the District Attorney’s salary is to be removed. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1 of the year 2011 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 11, 2011 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO NO. 1 OF THE YEAR 2011 A Local Law to amend Local Law No. 3 of the Year 2009 Setting Salaries for Certain Elected Officials for Fiscal Years 2010, 2011, 2012, 2013 to also include the CPI increase for the District Attorney salary. Be it enacted by the Legislature of the County of Schuyler that Section 2 be amended as follows: Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal years 2010, 2011, 2012 and 2013 the annual salaries of the following officials 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. TITLE CURRENT SALARY Legislators $7,143 Sheriff $69,573 County Clerk $57,573 District Attorney $124,113 Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. Vote 6-2. Noes: Halpin, Fagan. RESOLUTION NO. 94 Motion by Larison, Second by Yuhasz. RE: RECOGNIZE THE MONTH OF APRIL 2011 AS NATIONAL COUNTY GOVERNMENT MONTH “SERVING OUR VETERANS, ARMED FORCES AND THEIR FAMILIES” WHEREAS, the nation’s 3,068 Counties provide a variety of essential public services to communities serving more than 300 million Americans, and WHEREAS, Schuyler County and all Counties take seriously their responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost effective ways, and WHEREAS, Schuyler County honors and thanks our residents who have served this country through military service, and WHEREAS, County government delivers many important services to America’s veterans, military service members and their families, including physical and mental health, housing, employment, and justice, and WHEREAS, the National Association of Counties is the only national organization that represents County governments in the United States, and WHEREAS, the National Association of Counties has encouraged Counties across the country to actively promote their own programs and services, and WHEREAS, Schuyler County and the National Association of Counties are working together to Restore the Partnership among all levels of government to better serve American communities. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby recognize April 2011 as National County Government Month and encourages all County officials, employees, schools and residents to participate in County government celebration activities. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 37 Vote 8-0. RESOLUTION NO. 95 Motion by Larison, Second by Yuhasz. RE: RECOGNIZE THE WEEK OF APRIL 10-16, 2011 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 10-16, 2011 as “National Volunteer Week” in Schuyler County, and BE IT FURTHER RESOLVED, the Legislature further hopes that these dedicated volunteers continue to enrich our lives, through their most excellent example, their warmth, commitment and generosity, being an inspiration to us all. To each of them we express the thanks of a grateful citizenry. Vote 8-0. RESOLUTION NO. 96 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE DECREASING THE HOURS OF THE BOOKKEEPER POSITION FROM FULL- TIME TO PART-TIME – TREASURER’S OFFICE WHEREAS, there is currently one vacant full-time Bookkeeper position in the Treasurer’s Office, and WHEREAS, the staffing needs of the Office have been re-evaluated and it is determined that the needs can be met by decreasing the hours of the vacant full-time Bookkeeper position currently in place and still maintain the workload, and WHEREAS, it is the recommendation of the Management & Finance Committee that the vacant full- time Bookkeeper position classified as Civil Service Grade 7 with a beginning pay of $16.24 per hour (2010 contract rate), be reduced to part-time, 17 hours a week, with no benefits. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the decrease in hours for the vacant Bookkeeper position from full-time, 35 hours per week to part-time, 17 hours per week, with no benefits in the Civil Service grade level 7 with the beginning pay of $16.24 per hour for the Schuyler County Treasurer’s Office, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to fill said part-time position effective immediately. Vote 8-0. RESOLUTION NO. 97 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CREATION OF A “LAMOKA/WANETA LAKES DISTRICT” RESERVE FUND BE IT RESOLVED, that pursuant to Section 6-c of the General Municipal Law, as amended, the Schuyler County Legislature does hereby establish a Reserve Fund entitled “Lamoka/Waneta Lakes District” to place unexpended funds from the previous year’s budget toward the financing of the cost of water quality management including monitoring, treatment, and maintenance of the Lamoka/Waneta Lakes’ Protection and Rehabilitation District to include, but not limited to the purpose of acquiring and maintaining the district, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the remaining unexpended 2009 and 2010 funds into this reserve account. The Chief Fiscal Officer is hereby directed to deposit any unexpended funds each year into this reserve in a separate bank account to be known as the “Lamoka/Waneta Lakes District” Reserve Fund. No other expenditure shall be made from this fund, except upon authorization from this legislative body pursuant to Section 6-c of the General Municipal Law. Vote 8-0. RESOLUTION NO. 98 Motion by Halpin, Second by Field. RE: RECOGNIZE APRIL 11-15, 2011 AS WEEK OF THE YOUNG CHILD WHEREAS, Schuyler Head Start, Inc. and other local organizations, in conjunction with the National Association for the Education of Young Children are celebrating the Week of the Young Child, April 11-15, 2011, and WHEREAS, these organizations are working to improve early learning opportunities, including early literacy programs, that can provide a foundation of learning for children in Schuyler County, New York, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 38 WHEREAS, teachers and others who make a difference in the lives of young children in Schuyler County, New York deserve thanks and recognition, and WHEREAS, public policies that support early learning for all young children are crucial to young children’s futures. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim April 11-15, 2011 as the Week of the Young Child in Schuyler County, New York and encourage all citizens to invest in early childhood development in Schuyler County, New York. Vote 8-0. RESOLUTION NO. 99 Motion by Halpin, Second by Field. RE: AUTHORIZATION TO REMOVE TERM LIMITS FOR THE LAMOKA/WANETA LAKES’ PROTECTION REHABILITATION DISTRICT WHEREAS, Resolution No. 426-97 defined the administration and set term limits for the members of the Lamoka/Waneta Lakes Protection & Rehabilitation District, and WHEREAS, the Legislature wishes to remove the restrictions on the number of consecutive terms of members of the Lakes’ Protection & Rehabilitation District, and WHEREAS, the Towns of Wayne, Orange and Tyrone Boards have all adopted a Resolution/Motion in support of the elimination of the term limits. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby supports the removal of term limits for the Lamoka/Waneta Lakes’ Protection & Rehabilitation District. Vote 8-0. NEW BUSINESS: The Clerk explained that the tax sales auction is scheduled for this coming Saturday, March 19, 2011. A Resolution will have to be done to accept/reject bids from the sale. She asked if the board wished to hold a special meeting to do so, or do the Resolution at the April 11, 2011 Regular meeting. At the April 11th meeting was the consensus. UNFINISHED BUSINESS: At 6:56 p.m. MOTION by Legislator Gifford, SECOND by Legislator Field to go into Executive Session to discuss contract agency negotiations. Motion carried eight ayes to zero noes. At 8:00 p.m. MOTION made by Legislator Gifford, SECOND by Legislator Larison to come out of executive session. Motion carried eight ayes to zero noes. REPORT ON STANDING COMMITTEES: Legislator Barnes reported that the State Route 329 bridge project is moving along with Congressman Reed and Senator O’Mara’s help. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that in the event any of you get questioned regarding the sales tax on clothing, if you remember March 1st the clothing tax was reinstated. From March through April it is at The Governor’s budget provided for the ability to re-institution, as of April 1st the 8% goes to 4% for $55.00 or less. From April 1st forward, anything under $55.00 is Letters have been sent to all businesses. Chairman Fagan requested that the Administrator provide a program review of the Dial–A-Ride program that was kicked off today. Administrator O’Hearn explained. PUBLIC PARTICIPATION: None. The Meeting adjourned at 8:0 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk REGULAR MEETING APRIL 11, 2011 The April 11, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Field and followed by a Moment of ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 39 Silence. All Legislators were present. County Attorney James Coleman and the County Administrator Timothy O’Hearn were also present. PUBLIC PARTICIPATION: Ms. Lori Ellison, from the Town of Orange, was here to speak about the Rocky Rooster Bike Track. She wanted to know the owner can live off the welfare system and yet run a business and make money. She wanted to know if anyone checks on them. She claimed this person makes her life miserable every day. Chairman Fagan said the Legislature will make sure someone is notified to investigate. Mr. David Scott, Town of Montour Supervisor, was in attendance and wished to invite the two legislative representatives in his district to their board meeting tomorrow. In relations to the Town of Montour property tax owners receiving past due notices regarding their taxes, he explained that their Clerk’s father-in- law had passed away and therefore she did not turn in tax receipts when they were due. He also explained that the Treasurer’s office has always called in the past when they are ready to receive the receipts. He has talked to other tax collectors, and this year a call was never made. Over 1,200 mailings were processed and he feels someone had their blinders on. He felt that someone could have made a call and it could have been avoided. He has fielded over 150 calls relative to this matter. When he called the Treasurer’s Office Friday afternoon he was treated rather rudely. He was told by that office that it’s our own town clerk’s fault. There was some finger pointing going on. The letters sent out would have had to have been done that Thursday morning as they were postmarked that day. He also does not agree with the County Administrator’s comment on the Odessa File stating that the cost of postage could be charged to the towns. He has been contacted by the press, but he has held comment until after tonight. He feels there was a lack of common sense by the Treasurer’s Office when the entire town of Montour taxes were late. Chairman Fagan apologized on behalf of the County. He also feels that two phone calls to Montour and Tyrone would have resolved this problem. Instead, the office was stuffing envelopes and placing postage on them. From a management standpoint he is beside himself that our Treasurer’s office could not display some common sense. Be that as it may, it is an elected official they have no control over. He apologized to both towns, and felt it was appalling. Mr. Scott wanted to know if the names could be taken out of the paper. Administrator O’Hearn said it would be difficult to do a retraction, as they were following the letter of the law. He said what the Treasurer’s Office did was technically right, ethically and common sense, no. There are a fair amount of people that are legitimately delinquent with their taxes. Those who were not delinquent with their taxes should not have their names published. He has learned from this experience that the County needs to improve the process in the future. Being invited by the Treasurer’s office to submit your receipts to the County in the past begs a lot of questions. This presents an opportunity to do something different from this point forward. Let’s review the process and learn from it. In regards to postage, under normal circumstances a dollar amount is added to that bill that was not paid. For those sent in error he does not know how they can avoid it, but it will not be passed onto the towns. If the properties were not supposed to get the bill, the County taxpayers will have to absorb the cost of postage. He would be happy to put something together to explain this, but both offices are to blame. Mr. Scott pointed out that on your tax bill you, the taxpayer, have until March 31st to pay it and the Treasurer’s Office did the letters that day and mailed them that day before the deadline. If we do anything, let’s change that practice. Administrator O’Hearn read the statute of law. If you take it literally, you really only have until March 17th. The failure to mail the notice shall not affect interest. If it didn’t get mailed to April 1st or later, it is a courtesy. He felt the first section of the statute was followed too literally. Mr. Scott suggested the process be changed to follow the statute, as it makes it clearer. In the future, his Town tax collector will submit receipts to the Treasurer’s office, whether they want them or not. Sarah Haleday, from the New York State Young Republicans wanted the Legislature to know that they have been awarded a convention and will be spending it in Schuyler County this year. There will be approximately 100 people here next month at the Watkins Glen International track and then at Castle Grisch. 6:45 P.M. PUBLIC HEARING ON LOCAL LAW INTRO NO. 1 OF THE YEAR 2011 AMENDING LOCAL LAW NO. 3 OF THE YEAR 2009 SETTING SLARIES FOR CERTAIN ELECTED OFFICIALS FOR FISCAL YEARS 2010 – 2013 TO ALSO INCLUDE THE CPI INCREASE FOR THE DISTRICT ATTORNEY SALARY: None. RESOLUTION NO. 100 Motion by Larison, Second by Gifford. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 40 RE: APPROVE THE MINUTES OF THE MARCH 14, 2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the March 14, 2011 Regular Meeting of the Schuyler County Legislature be approved. Vote 8-0. RESOLUTION NO. 101 Motion by Barnes, Second by Field. RE: AUTHORIZE GRANT APPLICATION FOR STATEWIDE INTEROPERABLE COMMUNICATIONS FY 2010-2011– EMERGENCY MANAGEMENT WHEREAS, the New York State Division of Homeland Security and Emergency Services (DHSES) through the Office of Interoperable and Emergency Communication is requesting applications for FY 2010- 2011 Statewide Interoperable Communications Grant, and WHEREAS, the Statewide Interoperable Communications Grant is designed to facilitate the development and support statewide interoperable communications for first responders, and WHEREAS, Counties may apply for a maximum award of $2 million, and WHEREAS, the Emergency Management Office (EMO), along with Steuben County EMO, and Chemung County EMO wish to submit an application as a regional consortium. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the FY 2010-2011 Statewide Interoperable Communications Grant, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 102 Motion by Barnes, Second by Field. RE: AUTHORIZE GRANT APPLICATION FOR THE HAZARDOUS MATERIALS EMERGENCY MANAGEMENT PREPAREDNESS (HMEP) GRANT – EMERGENCY MANAGEMENT WHEREAS, the New York State Emergency Response Commission has announced that grants are available to Local Emergency Planning Committees (LEPCs), and WHEREAS, Planning grant money is now available for grant year Year-Eigthteen October 1, 2010- September 30, 2011, and WHEREAS, the purpose of these grants is to improve and implement emergency plans under the Emergency Planning and Community Right-to-Know Act of 1986, and WHEREAS, we have been invited to apply for the grant with an award of a minimum $2,930.00 for year eighteen. 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. 103 Motion by Barnes, Second by Field. RE: AUTHORIZE AGREEMENT WITH SOFT CODE INC. FOR MAINTENANCE OF CIVIL SYSTEM SOFTWARE – SHERIFF’S OFFICE WHEREAS, the Schuyler County Sheriff’s Office utilizes a software program to manage its Civil Department transactions, and WHEREAS, the software requires updates, maintenance and support from Soft Code Inc. for an annual fee of $800.00 and funding is available in the 2011 budget for such agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a 2011 agreement for one year, effective upon said purchase with Soft Code Inc. for software maintenance of the Civil System software, funding is available in the 2011 budget year account no. 3150.0400; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 104 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE AMENDMENT TO THE CONTRACT WITH MEDTOX LABORATORIES INC. TO PERFORM LAB URINE SCREENS - PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department already has a contract with Medtox ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 41 Laboratories to perform screen confirmations, and WHEREAS, an amendment to the existing contract will allow Medtox Laboratories to also perform lab urine screens for the Department, and WHEREAS, Medtox Laboratories has submitted an amended proposal to the Schuyler County Probation Department to provide urine screen tests to detect Ethyl Glucuronide (ETG) and Ethyl Sulfate (ETS) indicating alcohol use up to 80 hours after alcohol is consumed. Each ETG/ETS lab urine screen will cost $12. Any positive screen will be confirmed with further testing at an additional cost of $20 each. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an amendment to the contract with Medtox Laboratories Inc., to include ETG/ETS testing, at the prices stated above, for the term of the contract October 31, 2010 through October 31, 2013, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 105 Motion by Karius, Second by Yuhasz. RE: AUTHORIZING ARBOR DEVELOPMENT TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY RENEWAL FOR A COMMUNITY DEVELOPMENT BLOCK GRANT ON BEHALF OF SCHUYLER COUNTY WHEREAS, Schuyler County is an eligible applicant for the Community Development Block Grant (CDBG) Small Cities Program, in the amount for 2011 to be not more than $250,000, and WHEREAS, Arbor Development, Inc. is desirous of continuing its program of housing rehabilitation for low and moderate income households, and WHEREAS, said housing rehabilitation activities are an eligible expenditure of CDBG funds, and WHEREAS, under the CDBG Program, Schuyler County is permitted to contract with Arbor Development, Inc. to provide said rehabilitation. NOW THEREFORE, BE IT RESOLVED, that Arbor Development is hereby authorized to submit an application to the Department of Housing and Community Renewal for a Community Development Block Grant to provide funding for housing rehabilitation, and BE IT FURTHER RESOLVED, the Chairman of the Schuyler County Legislature is hereby authorized to sign the application, and BE IT FURTHER RESOLVED, that should said grant be awarded to Arbor Development, the Schuyler County Treasurer is hereby authorized to deposit said grant in the appropriate line item in the Schuyler County Budget, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature and the Executive Director of Arbor Development is hereby authorized to sign all appropriate and necessary documents to implement said grant, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, a certified copy of this resolution shall be forwarded to the Executive Director, Arbor Development, Inc., 16 William Street, Bath, New York 14810. Vote 8-0. RESOLUTION NO. 106 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, REVIEW AND MODIFICATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT #3 WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County holds an annual agricultural district enrollment period from January 15th to February 15th of each year, and WHEREAS, in 2011 the County did receive three requests from landowners for inclusion in Schuyler County Agricultural District and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on February 28, 2011 that all of these requests are comprised of substantially viable agricultural land contained wholly within the following parcels: 109.00-1-1.2 containing 43 acres owned by Timothy Collins 99.00-1-1.2 containing 44.6 acres owned by Timothy Collins 88.00-1-13 containing 108 acres owned by John Mace Jr. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 42 109.00-1-24.1 containing 10 acres owned by Leslie and Bonnifer Schweizer, and WHEREAS, Schuyler County has determined that the action to include 205.6 acres into Schuyler County Agriculture District is an unlisted action and has elected to use form RA-115 provided by NYS Department of Agriculture and Markets to assess any environmental impacts. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature has reviewed the potential impacts of the proposed modification of Schuyler County Ag District #3 and found that there will be no significant negative environmental impacts associated with this action, and that inclusion of approximately 205.6 acres of farm and agricultural resource land will strengthen the position of agriculture within our communities. Vote 8-0. RESOLUTION NO. 107 Motion by Barnes, Second by Gifford. RE: SETTING A PUBLIC HEARING FOR ANNUAL AGRICULTURAL DISTRICT ENROLLMENT FOR 2011 WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County holds an annual agricultural district enrollment period from January 15th to February 15th of each year, and WHEREAS, in 2011 the County did receive three requests from landowners for inclusion in Schuyler County Agricultural District and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on February 28, 2011 that all of these requests are comprised of substantially viable agricultural land contained wholly within the following parcels: 109.00-1-1.2 containing 43 acres owned by Timothy Collins 99.00-1-1.2 containing 44.6 acres owned by Timothy Collins 88.00-1-13 containing 108 acres owned by John Mace Jr. 109.00-1-24.1 containing 10 acres owned by Leslie and Bonnifer Schweizer, and WHEREAS, it has been determined that the action to include 205.6 acres of farmland to Agricultural District #3 will not have any significant negative environmental impacts, and NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does intend to hold a public hearing for consideration of the recommendations by the Board on the inclusion of said parcels on May 9, 2011 at 6:45 p.m. at its Regular Meeting of the Legislature. Vote 8-0. RESOLUTION NO. 108 Motion by Barnes, Second by Gifford. RE: RESOLUTION IN SUPPORT OF THE SALE OF WINE IN NEW YORK FOOD STORES WHEREAS, this act will create and enhance revenues for New York State and its localities by allowing marketing of wines through food markets statewide, and WHEREAS, this act will give the wine consumer easier access to a broader choice of wines produced within New York State, and WHEREAS, this act is consistent with the goals of the Schuyler County Agriculture and Farmland Protection plan and is supported by the NYS Farm Bureau as providing for more opportunities in the free market for our NYS farm industry, and WHEREAS, this act will encourage expansion of acreage in viticulture, and in doing so will help preserve and enhance the unique view sheds and vistas found in our grape and wine producing regions, and WHEREAS, the wine industry and related tourism industry of New York is a vital economic driver all across our great state. The multiplier effect of dollars invested into agriculture is widely recognized and the sale of wine in New York food stores can only foster sustainable gains in New York’ grape growing and wine producing sector. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature feels that the sale of wine in New York food stores is a timely and necessary updating of New York law that will have broad positive economic benefits for New York consumers, grape growers, vintners and distributors of New York wines, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges prompt consideration and enactment of wine sales in New York food stores and that certified copies be forwarded to Governor Cuomo, ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 43 Senator Tomas F. O’Mara., Christopher S. Friend, and the New York State Association of Counties (NYSAC), Inter-County Association of Western New York, and the Watkins Glen Area Chamber of Commerce. DISCUSSION: Legislator Halpin feels they are pitting two business sectors against each other and the New York State Legislature has no business being involved in this. Vote 8-0. RESOLUTION NO. 109 Motion by Barnes, Second by Gifford. RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of the following youth for a one year term of April 1, 2011 – December 31, 2011 to the Schuyler County Youth Board. Jessi Woodward Vote 8-0. RESOLUTION NO. 110 Motion by Halpin, Second by Field. RE: AUTHORIZE AGREEMENT WITH MONTOUR GLASS FOR REPAIR SERVICES – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging, as part of its mission under the EISEP, Caregiver and WRAP programs, provides repairs and modifications to a client’s living environment, and WHEREAS, the Schuyler County Office for the Aging has monies under each funding stream related to these specific needs, and WHEREAS, Montour Glass has agreed to provide services within the area of their expertise, and WHEREAS, the cost of services includes supplies, labor and mileage at an amount not to exceed $1,250, and WHEREAS, in keeping with the practice of requesting donations for services rendered by the Office for the Aging, the cost of the services could be minimized or covered by the donations requested and collected from participants. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Montour Glass for the purpose of providing home repairs, modifications and installations for EISEP, Caregiver and WRAP clients as identified and approved by the Schuyler County Office for the Aging through the OFA budget account no. 6772.0401 for the term of April 1, 2011 through December 31, 2011, said contract subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 111 Motion by Halpin, Second by Field. RE: PROCLAIM MAY 2011 AS OLDER AMERICANS MONTH – OFFICE FOR THE AGING WHEREAS, Schuyler County is a community in which over 3,700 citizens age 60 and over make their home; and WHEREAS, the older adults in Schuyler County are the roots from which our community grows, who bestow gifts of wisdom and insight upon younger generations, and strengthen the bonds between neighbors to create a better place to live; and WHEREAS, our society can be enhanced by older adults aging peacefully in their communities; and WHEREAS, the older adults in Schuyler County should be commended for their role in creating and bolstering the fiber of our community and nation; and WHEREAS, our community can provide that recognition and respect by enriching the quality of life for older Americans by, increasing their opportunities to remain in their communities as active and engaged citizens, providing services, technologies, and support systems that allow seniors to foster and maintain connections within the community and emphasizing the value of elders by publically recognizing their contributions to the diversity, strength, and unity of our community. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim May 2011 to be Older Americans Month and urges everyone to take time this May to honor our older adults and the professionals, family members, and volunteers who care for them. Our recognition and involvement of older ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 44 Americans can help us achieve stronger and more meaningful connections with each other and enrich our community’s quality of life. Vote 8-0. RESOLUTION NO. 112 Motion by Halpin, Second by Field. RE: AUTHORIZE APPOINTMENT OF AN EARLY INTERVENTION DESIGNEE – PUBLIC HEALTH BE IT RESOLVED, that the Schuyler County Legislature appoint Janel Walker as Designee to the Early Intervention Program, effective immediately. Vote 8-0. RESOLUTION NO. 113 Motion by Halpin, Second by Yuhasz. RE: RECOGNIZE MAY 2011 AS MENTAL HEALTH MONTH – HEALTH SERVICES WHEREAS, May has been celebrated as Mental Health Month since 1949, and WHEREAS, this is an annual observance designed to increase awareness about mental health and mental illness, and WHEREAS, this observance allows us to remind Americans that caring for their mental health is as important as taking care of their physical health because mental health impacts all areas of life, and WHEREAS, good mental health is essential to overall health and personal well-being, as well as contributing to the ability to lead a healthy, balanced and productive life, and WHEREAS, emotional problems can impair a person’s thinking, feelings and behavior and, if ignored over time, can become increasingly serious and disabling. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes May 2011 as Mental Health Month and encourages residents to increase their overall well-being by staying emotionally healthy and productive. Vote 8-0. RESOLUTION NO. 114 Motion by Halpin, Second by Yuhasz. RE: RECOGNIZE MAY 6 – 12, 2011 AS NATIONAL NURSES WEEK – HEALTH SERVICES WHEREAS, nursing is often described as an art and a science, and WHEREAS, nursing is a profession that embraces dedicated people with varied interests, and passions because of the many opportunities the profession offers, and WHEREAS, nurses work in emergency rooms, school based clinics, homeless shelters, hospitals, doctors’ offices, public health, mental health and many others, and WHEREAS, the many roles of nurses range from staff nurses to educators to nurse practitioners and nurse researchers for the good of patient safety, and WHEREAS qualified nurses are aging out of the workforce but will be needed more in the future, due to the aging of the general population. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes May 6 – 12, 2011 as National Nurses Week. Vote 8-0. RESOLUTION NO. 115 Motion by Halpin, Second by Yuhasz. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR CLINIC DIRECTOR POSITION – COMMUNITY SERVICES WHEREAS, the County Administrator has approved the filling of the Clinic Director position in the Community Services Department. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature acknowledges the appointment by George Roets, Director of Community Services and Public Health, of Mary C. Hayes as Clinic Director at an annual salary of $51,000, effective Monday, April 25, 2011, said position is in Grade Level G of the Management/Confidential Salary Plan. Vote 8-0. RESOLUTION NO. 116 Motion by Halpin, Second by Gifford. RE: AUTHORIZE APPOINTMENTS TO LOCAL EARLY INTERVENTION COORDINATING COUNCIL – PUBLIC HEALTH WHEREAS, Resolution 25-11 appointed various people to the Local Early Intervention Coordinating ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 45 Council, and WHEREAS, Patricia Hurld and Lisa Crouch have resigned from the Council, and WHEREAS, there are additional members to be added to said Council. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Local Early Intervention Coordinating Council, for the term effective immediately through December 31, 2011: Patricia Myers, QA Coordinator Nikole Piper, Provider, OPWDD Carolyn Tamayo, AOMC J. Christopher Burns, Corporate Compliance Kim Hanmore, Parent Amy Mathews Crane, Parent Karen LaGioia, NYS DOH Vote 8-0. RESOLUTION NO. 117 Motion by Halpin, Second By Gifford. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM JULY 1, 2011 – JUNE 30, 2012 – PUBLIC HEALTH WHEREAS, Schuyler County must provide transportation to preschool children with disabilities. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Public Health be hereby authorized to advertise for bids for the transportation of preschool children with disabilities from July 1, 2011 through June 30, 2012, and BE IT FURTHER RESOLVED, that bids are to be marked “Sealed Bid” and received by the Clerk of the Legislature at the County Office Building, 105 Ninth Street, Unit 6, Watkins Glen, New York 14891 no later than 9:15 a.m. on Friday, May 13, 2011. 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 13, 2011 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids. Vote 8-0. RESOLUTION NO. 118 Motion by Halpin, Second by Gifford. RE: AUTHORIZE CONTRACT WITH STEUBEN COUNTY HEALTH CARE FACILITY FOR PRESCHOOL SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Preschool services for children, and, WHEREAS, Steuben County Health Care Facility is willing to be a provider for Preschool services, and NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a Contract with Steuben County Health Care Facility for Preschool services, effective April 1, 2011 – June 30, 2012, at the rate of $65.00 per half hour session, to be renewed annually, funds available in the Public health budget, account no. 2960.0400, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 119 Motion by Halpin, Second by Gifford. RE: AUTHORIZE CONTRACT AMENDMENT WITH PROCURA, LLC-3M. – PUBLIC HEALTH WHEREAS, the sale of the Certified Home Health Agency is in progress, and WHEREAS, Public Health has a contract with Procura, LLC-3M. for home health software, and WHEREAS, Public Health will need to amend the contract with Procura, LLC-3M to include time tracking and clinical documentation, but deleting certain services no longer required at a reduced cost. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract amendment with Procura, LLC-3M for software maintenance services for the term May 1, 2011 through December 31, 2011, funding available in the 2011 budget 4010.0532, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 120 Motion by Halpin, Second by Field. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 46 RE: RESOLUTION AUTHORIZING THE ACCEPTANCE AND EXPENDITURE OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)/AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY YOUTH BUREAU FOR THE 2011 SUMMER YOUTH EMPLOYMENT PROGRAM (SYEP) – SOCIAL SERVICES WHEREAS Schuyler County has an interest in the employment and economic well being of its residents, including youth, and WHEREAS, the New York State Office of Temporary and Disability Assistance (NYSOTDA) may release TANF funds to Schuyler County for the purpose of providing a Summer Youth Employment Program(SYEP), and WHEREAS, the Schuyler County Youth Bureau has significant experience and expertise in youth programming and has in previous years successfully contracted with the Schuyler County Department of Social Services to provide employment and training services to eligible youth and along with administrative oversight, has operated the SYEP for the Department in prior years, and WHEREAS, in anticipation of the TANF SYEP funding from OTDA, the Schuyler County Youth Bureau has been taking applications from potentially eligible youth and canvassing possible work-sites for summer employment, and WHEREAS, the Department of Social Services proposes to contract with the Schuyler County Youth Bureau for the operation of a Summer Youth Employment Program for the number of weeks supported by the funding, from May to September, and WHEREAS, the total cost of the 2011 Schuyler County SYEP shall be no more than the amount allocated to Schuyler County by OTDA, with no local share. NOW, THEREFORE BE IT RESOLVED that the Department of Social Services be authorized to accept TANF SYEP funds from the State of New York, and BE IT FURTHER RESOLVED that the Chairman of the Legislature is hereby authorized to execute an agreement between the Department of Social Services and the Schuyler County Youth Bureau for the operation of the 2011 Summer Youth Employment Program subject to availability of funds in an amount not to exceed the allocation from OTDA (with no local cost to the County), subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 121 Motion by Halpin, Second by Field. RE: AUTHORIZE TANF SUMMER YOUTH EMPLOYMENT PROGRAM – YOUTH BUREAU WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the strict income criteria of the Workforce Investment Act Employment Program, and WHEREAS, the Schuyler County Youth Bureau through a contract with the Department of Social Services, will implement the Summer Youth TANF Employment program, provided funds are available, and WHEREAS, the program will employ up to 20 youth with the wages for the youth and supervisors paid through the TANF money. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to hire and implement the above mentioned employment program from May 1, 2011 through September 30, 2011 for youth ages 14 – 21. Vote 8-0. RESOLUTION NO. 122 Motion by Larison, Second by Yuhasz. RE: ACCEPT/REJECT QUOTES FOR THREE YEARS FOR HVAC WATER TREATMENT– BUILDINGS AND GROUNDS WHEREAS, quotes were received and opened on March 21, 2011 for HVAC Water Treatment for June 1, 2011 to May 31, 2014. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the Building Maintenance Supervisor’s recommendation of the following low quote from, Water Wise, Inc., 75 Bermer Park, Suite 5, Rochester, NY 14624, for the HVAC Water Treatment contract for the Jail, Courthouse, Human Services, Mill Creek, Shared Services and Records buildings at the low quote of $4,775.44 for the term of June 1, 2011 to May 31, 2014 as broken down below, and that funding is available in Buildings and Grounds ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 47 budget account no. 1620.400: 6/1/2011 – 5/31/2012: $1,545.00 6/1/2012 – 5/31/2013: $1,591.35 6/1/2013 – 5/31/2014: $1,639.09 3 Year Total $4,775.44, and BE IT FURTHER RESOLVED, that the following quote be rejected from Jemco Water Treatment Services, 7035 Van Buren Road, Syracuse, NY 13209, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Water Wise, Inc., 75 Bermer Park, Suite 5, Rochester, NY 14624, at a cost of $4,775.44 for three years, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 123 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH SCHUYLER HEAD START FOR THE CREATION AND MAINTENANCE OF A SENSORY GARDEN – BUILDINGS & GROUNDS WHEREAS, Schuyler Head Start desires a garden that will provide an outdoor learning environment for the children in addition to providing fresh produce, and WHEREAS, Schuyler Head Start has established a committed labor pool and plant donations to maintain a Sensory Garden, and WHEREAS, Cornell Cooperative Extension desires to terminate their Community Garden Lease Agreement with the County and has agreed to turn over the garden at the Human Services Complex to Head Start, and WHEREAS, Head Start has agreed that the existing footprint of the garden, would remain the same. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a lease agreement with Schuyler Head Start for the Buildings & Grounds Department for a Sensory Garden at the Human Services Complex, on an ongoing basis, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 124 Motion by Larison, Second by Yuhasz RE: AUTHORIZE ENGINEERING CONSULTANT AGREEMENT WITH DELTA ENGINEERS, ARCHITECTS & LAND SURVEYORS, P.C. FOR THE DESIGN OF BOWER ROAD BRIDGE REPLACEMENT - HIGHWAY WHEREAS, Resolution No. 210-10 authorized the replacement of BIN 3332400, Bower Road Bridge over Bolter Creek as a Federal-aid eligible project, and WHEREAS, there is money available in the 2011 budget account 5020.400 for said project. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to retain Delta Engineers, Architects & Land Surveyors, P.C. for engineering services for the replacement of Bower Road Bridge over Bolter Creek, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 125 Motion by Larison, Second by Halpin. RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING WHEREAS, various departments have items to be declared surplus or junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the following assets surplus or junk, and BE IT FURTHER RESOLVED, that the following items are to be bid out, placed in storage for an auction or disposed of. JUNK Asset # Description Department 6026 Optiplex GX520 Computer 7J0Q891 Probation 4129 Battery Backup APC N/A Real Property ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 48 SURPLUS Asset # Description Department 6174 2002 Dodge Durango 1B4HS48N22F210651 Sheriff (Note that fixed asset has # 14BHS48NZZF210651) 6594 2007 Ford Crown Victoria 2FAHP71W47X142332 Sheriff 3549 Vehicle Surveillance Camera EW05163 Sheriff 3550 Vehicle Surveillance Camera EW05164 Sheriff 3551 Vehicle Surveillance Camera EW05165 Sheriff 4951 Eyewitness Video System ES20138 Sheriff 5084 Eyewitness Video System EV03669 Sheriff 3634 Mini Surv. Transmitter T-916HP Sheriff 3635 Video Surv. Receiver 607222 Sheriff 3636 Surveillance VCR 8286059 Sheriff 3637 Surveillance Camera EM200L37 Sheriff 4587, 4591, 8) Laptop Mounts N/A Sheriff 4597, 4598, 4599, 4600, 4601 & 4602 Vote 8-0. RESOLUTION NO. 126 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH RACHAEL BORUCHOWITZ, J.D. FOR CHILD PROTECTIVE ATTORNEY SERVICES – COUNTY ATTORNEY’S OFFICE WHEREAS, the Schuyler County Department of Social Services has demonstrated the need for additional assistance in the prosecuting of Abuse & Neglect cases, and WHEREAS, the cost of such assistance has been previously budgeted and approved in the amount of $10,000.00, and WHEREAS, there is a conflict/overload attorney contract in place with Frederick M. Cerio, Esq., but it is highly beneficial to have another attorney in place should Attorney Cerio not be available, and WHEREAS, any DSS cases, conflicts and overload cases assigned to Rachael Boruchowitz, J.D. shall be paid at an hourly rate of $100.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Rachael Boruchowitz, J.D. for Child Protective Attorney Services for the County Attorney’s Office at an hourly rate of $100.00 per hour, not to exceed $10,000.00, effective April 1, 2011 through December 31, 2011, funding available in the 2011 County Attorney budget account no. 1420.401; total expenditures hereunder regardless of which attorney is assigned shall not exceed $10,000.00, subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 127 Motion by Larison, Second by Halpin. RE: ACCEPT/REJECT 2010 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 March 19, 2011. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts the following bids to wit: BIDDER’S NAME: Richard and Tammy Barrett BIDDER’ ADDRESS: 4208 Bergen Road, Odessa, NY 14869 AMOUNT OF BID: $11,000.00 FORMER OWNER: Park TAX MAP 54.07-1-9 LOCATION: Town of Hector/Village of Burdett ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 49 BIDDER’S NAME: Paul Jayne BIDDER’ ADDRESS: 1375 Gibson Road, Dundee, NY 14837 AMOUNT OF BID: $1,500.00 FORMER OWNER: Graham TAX MAP 34-1-12.113 LOCATION: Town of Hector BIDDER’S NAME: Thomas P. Morgan BIDDER’ ADDRESS: 2427 Route 228, Odessa, NY 14869 AMOUNT OF BID: $11,500.00 FORMER OWNER: Church TAX MAP 78.-1-81.2 LOCATION: Town of Catharine BIDDER’S NAME: Joy E. Goodsell BIDDER’ ADDRESS: 38 Main Street, Savona, NY 14879 AMOUNT OF BID: $8,000.00 FORMER OWNER: Knapp TAX MAP 18.-1-23 LOCATION: Town of Tyrone BIDDER’S NAME: David M. Sisson BIDDER’ ADDRESS: P.O. Box 240, Kanona, NY 14856 AMOUNT OF BID: $3,000.00 FORMER OWNER: Hurley TAX MAP 50.05-1-19 LOCATION: Town of Tyrone BIDDER’S NAME: Brian and Mary Ellen Croft BIDDER’ ADDRESS: 2465 Jennings Road, Watkins Glen, NY 14891 AMOUNT OF BID: $13,500.00 FORMER OWNER: Rekczis TAX MAP 42.12-1-20 LOCATION: Town of Reading BIDDER’S NAME: Patrick Blauvelt and Shannon Hines BIDDER’ ADDRESS: 2815 Irelandville Road, Watkins Glen, NY 14891 AMOUNT OF BID: $10,500.00 FORMER OWNER: Ellison TAX MAP 52-1-33 LOCATION: Town of Reading BIDDER’S NAME: Joy Goodsell BIDDER’ ADDRESS: 38 Main Street, Savona, NY 14879 AMOUNT OF BID: $19,000.00 FORMER OWNER: Gates TAX MAP 81.-1-36.1 LOCATION: Town of Orange BIDDER’S NAME: Paul Jayne BIDDER’ ADDRESS: 1375 Gibson Road, Dundee, NY 14837 AMOUNT OF BID: $5,750.00 FORMER OWNER: Wiernicki TAX MAP 24.-1-6.12 LOCATION: Town of Hector BIDDER’S NAME: James Englert BIDDER’ ADDRESS: 8896 Wixson Road, Hammondsport, NY 14840 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 50 AMOUNT OF BID: $57,000.00 FORMER OWNER: Knapp TAX MAP 18.-1-22 LOCATION: Town of Tyrone 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. 128 Motion by Barnes, Second by Halpin. RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE CSEA UNIT OF LOCAL 849, UNIT #8600, AFSCME, CSEA LOCAL 1000 FOR THE SCHUYLER COUNTY ADMINISTRATIVE UNIT WHEREAS, representatives of the County have engaged in Collective Bargaining with the Schuyler County Administrative Unit CSEA (“the Association”), and WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years 2011 through 2015 was reached with respect to employees in the Association, and WHEREAS, the Association duly ratified the tentative agreement on March 16, 2011. 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 CSEA, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be hereby authorized to execute the aforementioned agreement. Vote 8-0. RESOLUTION NO. 129 Motion by Barnes, Second by Halpin. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE SCHUYLER COUNTY ADMINISTRATIVE UNIT CSEA – BOARD OF DIRECTORS REIMBURSEMENT WHEREAS, during the course of collective bargaining with the Administrative Unit CSEA, the parties agreed to enter into a Memorandum of Understanding as it relates to reimbursement to the County for employees that attend CSEA Board of Directors meetings. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a Memorandum of Agreement with the Schuyler County Administrative Unit CSEA as outlined above; subject to approval of labor counsel. Vote 8-0. RESOLUTION NO. 130 Motion by Barnes, Second by Halpin. RE: AUTHORIZE ROTH CONTRIBUTIONS AS PART OF DEFERRED COMPENSATION PLAN – HUMAN RESOURCES WHEREAS, the Small Business Jobs Act of 2010 now permits Deferred Compensation Plan participants to make Roth (post-tax) contributions, and WHEREAS, as a Plan Sponsor who is responsible for remitting contributions on behalf of employees, the County must inform the NYS Deferred Compensation Plan of our ability and intention to implement the Plan changes related to Roth Designated Contributions on or after July 7, 2011, and WHEREAS, the Treasurer’s Office is willing and able to accommodate the required after-tax deduction, and corresponding payroll reporting. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute the NYS Deferred Compensation Plan Roth Contributions Participation Agreement with an implementation date of July 7, 2011; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 131 Motion by Larison, Second by Gifford. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 51 RE: AUTHORIZE AMENDMENTS TO PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION FOR THE SCHUYLER COUNTY FLEXIBLE SPENDING ACCOUNT WHEREAS, Resolution No. 266-04 approved ongoing authorization to have the Plan Document and Summary Plan Description for the county’s Flexible Spending Plan updated as long as the cost remained the same, and WHEREAS, the cost increased from $200 in 2004 to $300 in 2011, and WHEREAS, the document needed revisions to address the new definition of dependent, over-the- counter medicines and drugs, as well as setting a new account limit for flexible health spending accounts beginning January 1, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any necessary documents with EBS Benefit Solutions for the county’s Flexible Spending Plan and Summary Plan Description; subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that this authorization will remain in effect as long as the cost remains the same and funding is appropriated therefore. Vote 8-0. RESOLUTION NO. 132 Motion by Larison, Second by Gifford. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.03997 AND ASSEMBLY BILL A.06265 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.03997 and Assembly Bill A.06265 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 Thomas F. O’Mara, New York State Christopher S. Friend, and to the Majority and Minority Leaders of the New York State Assembly and Senate. Vote 8-0. RESOLUTION NO. 133 Motion by Larison, Second by Gifford. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S. 03925 AND ASSEMBLY BILL A. 06227 ALLOWING THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY TO BE ABLE TO FINANCE AUTOMOBILE RACING FACILITIES BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature pass Senate Bill S.03925 and Assembly Bill A.06227 to adopt special legislation, allowing the Schuyler County Industrial Development Agency to be able to finance automobile racing facilities, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator Thomas F. O’Mara, New York State Christopher S. Friend, and to the Majority and Minority Leaders of the New York State Assembly and Senate. Vote 8-0. RESOLUTION NO. 134 Motion by Gifford. Second by Barnes. RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 2011 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 of the year 2011 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 May 9, 2011 at 6:50 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 2 OF THE YEAR 2011 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 52 A Local Law Setting the Salary for the Position of Treasurer for the fiscal years 2012, 2013, 2014 and 2015. 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 2012, 2013, 2014 and 2015. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal year 2012 the annual salary for the Treasurer shall be adjusted by the Consumer Price Index (CPI) on top of the current 2011 salary hereby established, to wit: TITLE 2011 SALARY County Treasurer $53,576 Effective with the first County payroll for fiscal years 2013, 2014, and 2015 the annual salary of the following official shall continue to 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 5-3. No; Field, Halpin, Karius. RESOLUTION NO. 135 Motion by Gifford, Second by Barnes. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.04267 AND ASSEMBLY BILL A.06724 TO ENACT LEGISLATION TO AUTHORIZE THE COUNTY OF SCHUYLER TO CONVEY TO SENECA HARBOR PLACE, LLC, AN EASEMENT THROUGH LAND LOCATED IN THE COUNTY’S SENECA HARBOR PARK BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature pass Senate Bill S.04267 and Assembly Bill A.06724 to adopt special legislation, amending New York State law to allow the Schuyler County Legislature to convey to Seneca Harbor Place, LLC, a permanent easement of the described parcel attached through land located in the County’s Seneca Harbor Park, contingent upon satisfactory compliance with the requirements of the Office of Parks, Recreation and Historic Preservation, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator Thomas F. O’Mara, New York State Christopher S. Friend, and to the Majority and Minority Leaders of the New York State Assembly and Senate. Vote 8-0. RESOLUTION NO. 136 Motion by Gifford, Second by Barnes. RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2011 AMENDING LOCAL LAW NO. 3 OF THE YEAR 2009 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS FOR FISCAL YEARS 2010-2013 TO ALSO INCLUDE THE CPI INCREASE FOR THE DISTRICT ATTORNEY SALARY WHEREAS, Local Law Intro. No. 1/Local Law No. 2 of the Year 2011 to amend Local Law No. 3 of the Year 2009 Setting Salaries for Certain Elected Officials for Fiscal Years 2010, 2011, 2012, 2013 to also include the CPI increase for the District Attorney salary was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held April 11, 2011 at 6:45 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. 2 of the Year 2011, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 1/Local Law No. 2 of the Year 2011, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2011 A Local Law to amend Local Law No. 3 of the Year 2009 Setting Salaries for Certain Elected Officials for Fiscal Years 2010, 2011, 2012, 2013 to also include the CPI increase for the District Attorney salary. Be it enacted by the Legislature of the County of Schuyler that Section 2 be amended as follows: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 53 Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal years 2010, 2011, 2012 and 2013 the annual salaries of the following officials 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. TITLE CURRENT SALARY Legislators $7,143 Sheriff $69,573 County Clerk $57,573 District Attorney $124,113 Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. Vote 5-3. No; Field, Halpin, Karius. RESOLUTION NO. 137 Motion by Karius, Second by Gifford. RE: AUTHORIZE APPOINTMENT TO THE SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD TO FILL AN UNEXPIRED TERM WHEREAS, Kelsey Jones is not able to fulfill his term on the board, and WHEREAS, Stewart F. Field, Jr. is willing to fill the unexpired term from April11, 2011 through December 31, 2011 as a member at large. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize the appointment of Stewart F. Field, Jr. to the Board to fill the unexpired term from April 11, 2011 through December 31, 2011. Vote 8-0. RESOLUTION NO. 138 Motion by Karius, Second by Gifford. RE: AUTHORIZE APPOINTMENTS TO THE LAMOKA/WANETA LAKES’ REHABILITATION & PROTECTION DISTRICT (L/WLR&PD) WHEREAS, a few members terms have expired for the Lamoka/Waneta Lakes’ Rehabilitation & Protection District, and WHEREAS, Resolution Number 99-11 authorized removing the term limits for said Committee, and WHEREAS, there have been members appointed to fill the expired terms. NOW, THERFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the appointment of Dennis Fagan as the Schuyler County Legislative Representative to the L/WLR&PD for a term of April 11, 2011 through December 31, 2011 to replace Stewart F. Field, Jr., and BE IT FURTHER RESOLVED, that Kevin Morris was reappointed as the Waneta Lake Resident representative for a term of January 1, 2011 through December 31, 2014, and BE IT FURTHER RESOLVED, that Joe Sevier was appointed by the Town of Tyrone as the Tyrone Elected Official for a term of March 8, 2011 through December 31, 2012. Vote 8-0. RESOLUTION NO. 139 Motion by Karius, Second by Gifford. RE: ESTABLISH LEAD AGENCY STATUS FOR PUBLIC ENTERTAINMENT (OUTDOOR) – REGULATING/LICENSING WHEREAS, Local Law No. 4 of the Year 2010 established a process for applications and permits pertaining to Public Entertainment (Outdoor) – Regulation/Licensing, and WHEREAS, in compliance with Part 617 State Environmental Quality Review (SEQR), Schuyler County must review the potential environmental impacts associated with the issuance of a permit under Local Law No. 4 of the Year 2010, Public Entertainment (Outdoor) – Regulating/Licensing, and WHEREAS, the Schuyler County Legislature has determined that the proposed action is Unlisted and would be best served by a coordinated review including potential involved agencies, and has received a complete Environmental Assessment Form (EAF) from the applicant, Watkins Glen International, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts the EAF and does intend to establish lead agency status of the purposes of the environmental review of this action, and will ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 54 notify involved agencies of this intent. If, after 30 days time no involved agency challenges this status, then the Schuyler County Legislature will consider itself to hold lead agency status, and will proceed with the review. Vote 8-0. RESOLUTION NO. 140 Motion by Field, Second by Halpin. RE: RESOLUTION URGING THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO CONTINUE TO FUND THE STORMWATER MANAGEMENT POSITION IN REGION 8 WHEREAS, the Stormwater Management Specialist position for five counties (Chemung, Schuyler, Seneca, Steuben and Yates) is scheduled for termination at the end of May in Region 8. The loss of this position would be a major setback for the stormwater management program in our region. The Stormwater Management Specialist provides training and educational assistance for the State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity GP-01-l0 and Municipal Separate Storm Sewer System (MS4s) GP-0-l0.-002, and WHEREAS, this position performs SWPP reviews, site inspections, maintains up-to-date knowledge to the state permit program and technical assistance, which helped make the stormwater program a successful one in the counties in which this position serves, and WHEREAS, the Stormwater Management Specialist is also needed to prevent stormwater related water quality and quantity problems from expanded gas drilling. This proposed development of shale resources could involve significant amounts of construction in this area by companies that are not yet familiar with New York’s stormwater regulations, and WHEREAS, steady progress and success toward preventing runoff problems in rural and MS4 areas has been attributed in part by the availability of trained staff dedicated to stormwater management outreach, education, and assistance. By providing training, SWPP review, recommendations, site inspections, the Stormwater Management Specialist has prevented a significant number of violations. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature encourages the New York State Department of Environmental Conservation to maintain the Stormwater Management Specialist position for the five counties (Chemung, Schuyler, Seneca, Steuben and Yates) in Region 8 and to continue the proactive approach in the stormwater management area by designating the funds produced by the stormwater permit system to fund this position, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to Philip A. Palmesano, Christopher S. Friend, Senator Thomas F. O’Mara, Angus Eaton, General Permit Section, NYSDEC, Carol Lamb-LaFay, NYSDEC-Division of Water, Bureau of Water Permits, Paul D’Amato, Director, NYSDEC Region 8, Dixon Rollins, Water Engineer, NYSDEC Region 8, Jeffrey Parker, District Manager, Steuben County Soil & Water Conservation District; Mark Wafts, District Manager, Chemung County Soil & Water Conservation District, James Balyszak, District Manager, Yates County Soil & Water Conservation District, Jerry Verrigni, District Manager, Schuyler County Soil & Water Conservation District, Paul Griswold, District Manager, Seneca County Soil & Water Conservation District, Richard Calabrese, President, Inter-County Association of Western New York, and Stephen J. Acquario, Executive Director, New York State Association of Counties. Vote 8-0. RESOLUTION NO. 141 Motion by Field, Second by Halpin. RE: AUTHORIZE REQUEST FOR PROPOSALS (RFP’S) FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (LAMOKA LAKE) WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to solicit RFP’S for the application of the Herbicide Renovate on Lamoka Lake and the residual monitoring thereof. NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be hereby authorized to advertise for RFP’s on or about April 20, 2011 for chemical application and residual monitoring services as set forth above for the Lamoka/Waneta Lakes Protection and Rehabilitation District, and BE IT FURTHER RESOLVED, that proposals will be due no later than 3:00 p.m. on April 29, 2011. Acceptance/rejection of the proposals will be done at a scheduled Regular Meeting of the Legislature. The ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 55 County of Schuyler reserves the right to accept or reject any and all proposals. Vote 8-0. RESOLUTION NO. 142 Motion by Field, Second by Halpin. RE: AUTHORIZE REQUEST FOR PROPOSALS (RFP’S) FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (WANETA LAKE) WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to solicit RFP’s for the application of the Herbicide Renovate and Aquathol K on Waneta Lake and the residual monitoring thereof. NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be hereby authorized to advertise for RFP’S on or about April 20, 2011 for chemical application and residual monitoring services as set forth above for the Lamoka/Waneta Lakes Protection and Rehabilitation District, and BE IT FURTHER RESOLVED, that proposals will be due no later than 3:00 p.m. on April 29, 2011. Acceptance/rejection of the proposals will be done at a scheduled Regular Meeting of the Legislature. The County of Schuyler reserves the right to accept or reject any and all proposals. Vote 8-0. RESOLUTION NO. 143 Motion by Field, Second by Halpin. RE: AUTHORIZE A GRANT ACCEPTANCE AND CONTRACT WITH THE STATE OF NEW YORK BOARD OF ELECTIONS WHEREAS, the County Board of Elections has received a non-competitive HAVA Health and Human Services Grant in the amount of $897.00 per Contract Number T003127 for the purpose of Poll Site Accessibility Improvements, and WHEREAS, said grant funds may be expended in the period from April 1, 2011 to September 30, 2015. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves contract #T003127 with the NYS Board of Elections in the amount of $897.00 to be used according to terms therein, and BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute said contract T003127 with the New York State Board of Elections, subject to approval by the Schuyler County Attorney. Vote 8-0. NEW BUSINESS: The Clerk was seeking a verbal approval to authorize the National Prayer Group to use the Courthouse lawn on May 5, 2011 to observe the day. The Legislature was okay with this. She also wanted to make sure that all legislators received her correspondence on the new Court Security hours for the Courthouse Complex. The building will open at 9:00 a.m. and close at 5:00 p.m. Chairman Fagan wanted to know what this meant for employees. The County Administrator explained that he will be meeting with department heads. Some offices were open at 8:00 a.m. for the public and will not be able to do so without placing our own security in place. Some counties affected by this change are shutting down from 12:00-1:00 p.m. for lunch and this was a state suggestion. They withdrew that proposal and will be staggering their lunches now. Some counties are choosing to not be open until 9:15 and close at 4:30 for sweeps to occur in the buildings prior to opening and closing. We will not. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that the sale of the CHAA has received the Department of Health approval for the management agreement. The tentative date of purchase will be May 2, 2011. They need to finalize the professional services agreement yet, and the County Attorney is working with their attorney on that. He also reported that his office has received a complete application from Watkins Glen International, Inc. for the mass gathering permit to cover all three of their events that occur between June and December, 2011. The SEQR is unfolding as we speak. He needs to review the application now, and it is about 400 pages of light reading. PUBLIC PARTICIPATION: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 56 Legislator Field commented to Mrs. Ellison, that the Department of Social Services and the District Attorney’s Office are currently working on a mass investigation on welfare fraud. Legislator Barnes informed Mrs. Ellison that he will be in touch also with her to follow up on this claim. The Meeting adjourned at 7:05 P.M. Stacy B. Husted, Clerk REGULAR MEETING MAY 9, 2011 The May 9, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. All Legislators were present except Legislator Field who was excused. Assistant County Attorney Dennis Morris and the County Administrator Timothy O’Hearn were also present. PUBLIC PARTICIPATION: Mrs. Charlotte Dickens spoke as a County employee in regards to the smoking ban. She is a non smoker and feels that passing the legislation on banning smoking on County properties takes away more personal freedom of our employees and the public. She feels smoking outside does not harm people. Smoking inside offices is another case. She is very grateful that smoking is not allowed in our offices. 6:45 PM - PUBLIC HEARING FOR CONSIDERATIONOF THE RECOMMENDATIONS BY THE AGRICULTURAL AND FARMLAND PROTECTION BOARD ON THE INCLUSION OF FOUR PARCELS, INTO AGRICULTURAL DISTRICT #3 LOCATED IN THE TOWNS OF CATHARINE AND CAYUTA. No public in Attendance. 6:50 PM - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2 OF THE YEAR 2011 SETTING THE SALARY FOR THE POSITION OF COUNTY TREASURER. No public in attendance. RESOLUTION NO. 144 Motion by Larison, Second by Yuhasz. RE: APPROVE THE MINUTES OF THE APRIL 11, 2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the April 11, 2011 Regular Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 145 Motion by Halpin, Second by Gifford. RE: AUTHORIZE USE AND DISSEMINATION AGREEMENT WITH THE NEW YORK STATE POLICE FOR USE OF NEW YORK STATEWIDE POLICE INFORMATION NETWORK (NYSPIN) SERVICES AS HOSTED THROUGH THE INTEGRATED JUSTICE PORTAL - PROBATION WHEREAS, Schuyler County Probation uses the Integrated Justice Portal to access Department of Motor Vehicle (DMV) records and COMPASS, a probation risk assessment tool, and there are plans to combine E-Justice into the Integrated Justice Portal which would include NYSPIN searches, and WHEREAS, the Division of New York State Police is responsible for maintenance of NYSPIN and is asking for a signed Use and Dissemination Agreement by Schuyler County agreeing to utilized the NYSPIN feature through the Integrated Justice Portal per New York State and Federal law. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a Use and Dissemination Agreement between Schuyler County Probation and the Division of New York State Police for the use of the NYSPIN services as provided through the Integrated Justice Portal, at no cost to the County, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 146 Motion by Halpin, Second by Gifford. RE: AUTHORIZATION TO CREATE AND FILL A SOCIAL WELFARE EXAMINER POSITION IN THE EMPLOYMENT UNIT – SOCIAL SERVICES WHEREAS, the Employment Unit in the Department of Social Services is responsible for assisting recipients of Temporary Assistance in finding employment in order to reduce the welfare rolls, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 57 WHEREAS, the Employment Unit has a Unit Supervisor, a Mobile Work Crew Supervisor, two Office of Temporary & Disability Assistance workers who work one day each with Schuyler County welfare recipients, and a Keyboard Specialist (Grade 2) to assist with clerical functions, and WHEREAS, the Employment Unit lost a full time Employment Program Specialist position (Grade 8) in 2010 due to staff reductions, which has had an adverse impact on reducing the welfare rolls, and WHEREAS, it is the desire of the Commissioner of Social Services to create and fill a Social Welfare Examiner (SWE) position (Grade 6) in the Employment Unit, upon the approval of the County Administrator, who will: assist welfare recipients with job search; assist in Job Club meetings, which prepares recipients to obtain and hold jobs; assist recipients in developing resumes at Workforce NY; ensure recipients have been coded correctly in the Welfare Management System (WMS); enter income information in the WMS for recipients who become employed so that cash assistance cases are closed or reduced in a more timely manner; and other duties to get welfare recipients off the welfare rolls, and WHEREAS, the cost of the upgrade will be $1,534.68 annually, of which approximately $540 is local share. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of the Schuyler County Department of Social Services be authorized to create and fill a Social Welfare Examiner position in the Department at Grade 6 at an hourly wage of $15.57, as set forth in the CSEA Administrative Unit Contract, effective May 16, 2011, funding available in the Department’s 2011 budget, line 6010.100, and BE IT FURTHER RESOLVED, that a Keyboard Specialist position in the Department will be left unfilled upon the filling of this Social Welfare Examiner position. Vote 7-0. RESOLUTION NO. 147 Motion by Halpin, Second by Gifford. RE: AUTHORIZE TRANSFER OF FUNDS – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services needs to transfer funds for Emergency Assistance for Adults. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following transfers in the 2011 budget as follows: AMOUNT DESCRIPTION ACCOUNT NO. - $15,000 Juvenile Delinquency 6123.400 +$15,000 Emergency Assistance for Adults 6142.400 - $ 7,500 State Aid – Juvenile Delinquency 6123.3623 + $7,500 State Aid – Emergency Assistance for Adults 6142.3642 Vote 7-0. RESOLUTION NO. 148 Motion by Larison, Second by Barnes. RE: AUTHORIZE SUPPLEMENTAL AGREEMENT FOR THE RIGHT OF WAY (ROW) AND PROPERTY APPRAISALS OF COUNTY ROUTE 4 BRIDGE REPLACEMENT- HIGHWAY WHEREAS, the replacement of PIN 6754.10, BIN 3332440, County Route 4 over Sawmill Creek is a Federal-aid eligible project, and WHEREAS, a supplemental agreement is necessary for additional ROW surveys and acquisitions, and WHEREAS, Labella Associates have been retained for additional services for the replacement of this bridge. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to this supplemental agreement not to exceed $17,100.00, funding available in the 2011 budget account no. 5020.400, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is herby authorized to sign the Just Compensation Report for property appraisals for County Route 4 Bridge Replacement, and set the minimum payment policy at $250.00; contracts and reports subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 149 Motion by Larison, Second by Barnes. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 58 RE: AUTHORIZE THE CREATION, FILLING AND ACKNOWLEGE APPOINTMENT OF A LESS THAN FULL-TIME ASSISTANT COUNTY ATTORNEY POSITION – COUNTY ATTORNEY’S OFFICE WHEREAS, the retirement of County Attorney, James P. Coleman, effective May 31, 2011, necessitates a reorganization of the office for the remainder of the Year 2011, or until such time the vacancy can be filled, and WHEREAS, an interim solution requires the creation and filling of a less than full-time Assistant County Attorney position to work 20 hours per week, and WHEREAS, the County Attorney’s Office is requesting to create this position, upon the approval of the County Administrator, and WHEREAS, funding for this position can be accomplished within the County Attorney’s Office 2011 budget. NOW, THEREFORE, BE IT RESOLVED, that the County Attorney’s Office is hereby authorized to create and fill one less than full-time, 20 hours a week, Assistant County Attorney position, and BE IT FURTHER RESOLVED, that this Legislature acknowledges the appointment by Dennis J. Morris, J.D., Acting County Attorney, in accordance with County Law §502, of Rachael Boruchowitz, J.D., at an annual salary of $30,000, effective June 1, 2011 through the remainder of the Year 2011, or until such time a new County Attorney is appointed. Vote 7-0. RESOLUTION NO. 150 Motion by Larison, Second by Barnes. RE: AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN TO CREATE AND FILL A PURCHASING DIRECTOR POSITION/AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY WHEREAS, the Purchasing Specialist position has developed into a more professional position, allowing for the position to be under the general direction of the Legislature versus the County Administrator, and WHEREAS, the revisions to the job specification have increased accountability as well as the education/experience qualifications, and WHEREAS, the Personnel Officer has titled the position Purchasing Director to be created within the Purchasing Department, and WHEREAS, the County Administrator and the Human Resources Director have completed the following factor rating for the position of Purchasing Director: I Accountability 90 II Complexity of Duties 30 III Experience/Knowledge 85 IV External Contacts 45 V Independent Judgment 75 VI Internal Contact 30 VII Impact on Programs/Adm 25 VIII Interpersonal Skills 40 IX Supervision/Leadership 50 TOTAL 470 = Grade E, and NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the creation of a full- time Purchasing Director position, in grade level E of the Management Confidential Salary Plan in a salary range of $36,769-$45,592, effective immediately, with some funding already present in the department’s 2011 budget account no. 6610.100, and the remainder to come from the contingency account no. 1990.500, and BE IT FURTHER RESOLVED, that the Legislature hereby appoints Harriett Vickio as Purchasing Director at an annual salary of $42,575 effective immediately, and BE IT FURTHER RESOLVED, that $1,300 be transferred from Contingency account no. 1990.500 to Purchasing account no. 1660.100 to cover the total cost of the salary increase. Vote 7-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 59 RESOLUTION NO. 151 Motion by Barnes, Second by Halpin. RE: AUTHORIZE STIPULATION AND RELEASE OF CLAIMS AGREEMENT WITH THE SCHUYLER COUNTY ADMINISTRATIVE UNIT CSEA BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Stipulation Agreement with the Administrative Unit CSEA, subject to the approval of labor counsel. Vote 7-0. RESOLUTION NO. 152 Motion by Barnes, Second by Halpin. RE: AUTHORIZE CONTRACT RENEWAL WITH SYSTEMS DEVELOPMENT GROUP, INC. FOR IMAGE MATE ONLINE INTERNET ASSESSMENT SERVICE – REAL PROPERTY TAX WHEREAS, additional programming services are required to incorporate changes to the County’s internet map server, and WHEREAS, the current contract must be renewed effective May 1, 2011. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal in the amount of $2,400.00 with Systems Development Group, Inc. for the Real Property Tax Service Agency for hosting Image Mate Online for the term of May 1, 2011 through April 30, 2012, funding available in the 2011 Real Property Tax Service budget account no. 1355.400; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 153 Motion by Barnes, Second by Halpin. RE: AUTHORIZE CONTRACT WITH SANDRA TEETER FOR DEMOCRATIC DEPUTY ELECTION COMMISSIONER ASSISTANCE - BOARD OF ELECTIONS WHEREAS, Carolyn Elkins, Democratic Deputy Commissioner, will not be able to work for a period of time during recovery due to emergency surgery, and WHEREAS, there is funding in the Board of Election’s 2011 budget to pay someone to take her place on a contractual basis, for work leading up to her return, if need be, and WHEREAS, Sandra Teeter, a former Democratic Deputy Election Commissioner, has agreed to contract with the County for this purpose, as needed. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract with Sandra Teeter for Democratic Deputy Election Commissioner services for the Board of Elections in 2011, at an hourly rate of $15.00 on an as needed basis, effective April 26, 2011, until such time Carolyn returns to work, funding available in the 2011 Board of Elections budget account no. 1450.435- Election Services; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 154 Motion by Barnes, Second by Halpin. RE: DECLARE A SMOKE FREE CAMPUS AT ALL SCHUYLER COUNTY BUILDINGS WHEREAS, the County’s current Smoking Policy complies with the Clean Indoor Air Act 2 and states that the use of any form of tobacco shall be absolutely prohibited in all County-owned buildings, to include County–owned vehicles, any means of mass transportation operated by the County, and any other areas where the use of tobacco is prohibited by fire codes or State regulations, and WHEREAS, the Schuyler County Legislature now wishes to prohibit smoking for employees and public on any campus of any county building for the following reasons: • Protect the public health, safety and general welfare by eliminating exposure to secondhand smoke. • Acknowledge the need of nonsmokers, especially children, to breathe smoke-free air, recognizing the danger to public health which secondhand smoke causes. • Recognize that the need to breathe air free of the disease-causing toxins in secondhand smoke should have priority over the desire and convenience of smoking on the property of county buildings. • Recognize the right and benefit to municipal residents and visitors to be free from unwelcome secondhand smoke while on the property of county buildings. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 60 NOW, THEREFORE, BE IT RESOLVED, that signs shall be prominently posted upon the entrance to all parking lots and entrances to all county buildings stating that Schuyler County Offices are Smoke Free and SMOKING IS PROHIBITED, or NO SMOKING. DISCUSSION: Legislator Larison said he opposes the smoking ban. He said some employees are addicted to cigarettes and he feels they need to express the need for a reasonable distance. He does not feel they can enforce the off property requirement, and he does object to this policy. There may be other counties that have this, but he does not like it. Legislator Barnes told Legislator Larison that he appreciates his position, however, he has spoken to a number of employees and they are in support of this ban. He has received very positive feedback from them. He feels the Legislature is being a leader in this movement and he thinks we will see more counties come forward with the same policy. We need to look at the future of our children and grand children. Just last week, there had been two ladies standing outside the building at the Human Services Complex waiting for the building to open. They were smoking less than 50 feet from the front entrance and the children at the Schuyler Headstart School were outside right next to them. The 50 feet requirement has been neglected. He is not saying that it is just employees, it is the public as well. If this was in affect when I witnessed the two ladies out front he would have approached them and informed them that the County has a non smoking campus now. Without this policy, how can we discourage this action? Legislator Larison said “I guess we agree to disagree”. Legislator Halpin said smoking kills. She feels they need to do what they can to help keep people alive. Chairman Fagan said there are no doubts about the benefits of this policy. Years ago there was opposition and he feels they need to ban this now. The public has been educated and it is time they do this. Vote 6-1. No: Larison. RESOLUTION NO. 155 Motion by Barnes, Second by Halpin. RE: AUTHORIZE APPOINTMENT TO FILL UNEXPIRED TERM ON THE SCHUYLER COUNTY PLANNING COMMISSION WHEREAS, Sharon Wiedemer has resigned from the Planning Commission, and WHEREAS, the Village of Montour Falls has a qualified candidate to fill her unexpired term. NOW, THEREFORE BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individual to the below board, for the term May 9, 2011 through December 31, 2011, to wit: PLANNING COMMISSION Sarah Chicone, Village of Montour Falls Representative Vote 7-0. RESOLUTION NO. 156 Motion by Barnes, Second by Halpin. RE: AUTHORIZE APPLICATION FOR 2011-2012 SECTION 5311 ANNUAL OPERATING ASSISTANCE WHEREAS, the County of Schuyler is submitting a request for a grant of funds to the New York State Department of Transportation, pursuant to Section 5311, Title 49 United States Code, for new fixed-route and complementary paratransit service in Schuyler County, and from Schuyler County to and from adjacent counties for 2011-2012, and WHEREAS, the County of Schuyler and the State of New York have entered into a continuing Agreement which authorizes the undertaking of the Project and payment of the Federal Share. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to act on behalf of the County of Schuyler to sign the annual grant application and process and complete the above named project, and BE IT FURTHER RESOLVED, that the County of Schuyler will be contracting with a third party subcontractor for the project described above, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to sign any contracts or agreements between the County of Schuyler and any third party subcontractor necessary to complete the above named Project, subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 157 Motion by Larison, Second by Barnes. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 61 RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 2011 SETTING THE SALARY FOR THE POSITION OF COUNTY TREASURER WHEREAS, Local Law Intro. No. 2/Local Law No. 3 of the Year 2011 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 May 9, 2011 at 6:50 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2/Local Law No. 3 of the Year 2011, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 2/Local Law No. 3 of the Year 2011, together with the required text thereof in the official county newspaper. LOCAL LAW NO. 3 OF THE YEAR 2011 A Local Law Setting the Salary for the Position of Treasurer for the fiscal years 2012, 2013, 2014 and 2015. 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 2012, 2013, 2014 and 2015. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal year 2012 the annual salary for the Treasurer shall be adjusted by the Consumer Price Index (CPI) on top of the current 2011 salary hereby established, to wit: TITLE 2011 SALARY County Treasurer $53,576 Effective with the first County payroll for fiscal years 2013, 2014, and 2015 the annual salary of the following official shall continue to 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 6-2. Noes: Halpin, Karius. RESOLUTION NO. 158 Motion by Larison, Second by Barnes. RE: ACCEPTANCE OF 2011 AGRICULTURAL DISTRICT ANNUAL ENROLLMENT REQUESTS WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County holds an annual agricultural district enrollment period from January 15th to February 15th of each year, and WHEREAS, in 2011 the County did receive three request from landowners for inclusion in Schuyler County Agricultural District and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on February 28, 2011 that all of these requests are comprised of substantially viable agricultural land contained wholly within the following parcels: 109.00-1-1.2 containing 43 acres owned by Timothy Collins 99.00-1-1.2 containing 44.6 acres owned by Timothy Collins 88.00-1-13 containing 108 acres owned by John Mace Jr. 109.00-1-24.1 containing 10 acres owned by Leslie and Bonnifer Schweizer, and WHEREAS, Schuyler County has completed an environmental assessment of this action and found it to have no significant negative environmental impact on April 11, 2011, and WHEREAS, Schuyler County did hold a public hearing on the inclusion of these parcels on May 9, 2011 at 6:45 pm, after duly notifying the Towns of Cayuta, Catharine and Montour and publishing a notice of public hearing in the paper of record. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does accept these requested inclusions into Schuyler County Agricultural District and requests that the Commissioner of the New York State Department of Agriculture and Markets certifies these inclusions. Vote 7-0. RESOLUTION NO. 159 Motion by Karius, Second by Halpin. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 62 RE: MOTION TO BRING ONE RESOLUTION TO THE FLOOR BE IT RESOLVED, that one Resolution be brought to the floor. Vote 6-0. Abstained: Barnes. RESOLUTION NO. 160 Motion by Gifford, Second by Halpin. RE: DECLARE NEGATIVE DECLARATION STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) FOR ISSUANCE FOR PUBLIC ENTERTAINMENT PERMIT, WATKINS GLEN INTERNATIONAL, INC. 2011 EVENTS WHEREAS, in accordance with Local Law No. 4 of the Year 2010, Watkins Glen International, Inc., of Watkins Glen, NY has applied for a Public Entertainment (Outdoor) Permit for the 2011 season of events, and WHEREAS, the proposed events are: • Music Festival, June 30, 2011 – July 3, 2011 • Finger Lakes Wine Festival, July 15, 2011 – July 17, 2011 • NASCAR, August 11, 2011 – August 14, 2011, and WHEREAS, all events will take place at the Watkins Glen International facility located in the Town of Dix, Schuyler County, NY, and WHEREAS, in compliance with Part 617 State Environmental Quality Review (SEQR), Schuyler County must review the potential environmental impacts associated with the issuance of a permit under Local Law No. 4 of the Year 2010, Public Entertainment (Outdoor) – Regulating/Licensing, and WHEREAS, on April 11, 2011, Resolution No. 139-11, the Legislature declared its intent to serve as lead agency for the environmental review and accepted the Environmental Assessment Form (EAF) and notified involved agencies of this intent to serve as lead agency, and WHEREAS, no involved agencies challenged Schuyler County’s assertion of lead agency status within the required 30-day waiting period, and the Schuyler County Legislature considers itself as lead agency in this action. NOW, THEREFORE, BE IT RESOLVED, that upon review of the submitted EAF and the permit materials provided by Watkins Glen International, Inc., and in consultation with the County Attorney and County Administrator, the Schuyler County Legislature finds that the issuance of the Public Entertainment (Outdoor) Permit for the proposed events listed in this resolution will not result in any significant negative environmental impacts, and accordingly issues a negative declaration of environmental impact. DISCUSSION: Administrator O’Hearn explained that this is an unlisted action per SEQR. It is above type two level, but not a type one. This is for the musical event and the additional events held at WGI. He has received the engineering documents and they have been given to the Health Department also. The areas to be impacted are traffic management, emergency management services, and law enforcement. This is a SEQR permanent application. Three events are of a temporary duration. He explained the environmental review process to the Legislature. This Negative Declaration Summary is temporary. Vote 6-0. Abstained: Barnes. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Barnes reported as Chairman of the Public Safety/Criminal Justice Committee. He had attended a very informative meeting with the Probation Department about their Alternatives to Incarceration Program. It is very interesting how this program works. He encouraged the press in attendance to inquire about the program. This program is very well done and he wished it was in existence when he was a Deputy Sheriff. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn said this is the week that the Property Tax Cap is to be enacted by the State Legislature. NYSAC is reaching out to all elected officials to contact their Representatives and express your concerns. As it stands right now, this legislation will be adopted without any mandate relief. There will be action in the Assembly this week. Chairman Fagan said he feels this is the politicians in Albany telling us all to trust them. We have received nothing from them on this. He feels this is a sham and is strictly political. They are hand cuffing County’s. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 63 PUBLIC PARTICIPATION: None. The Meeting adjourned at 6:51 P.M. Jamee L. Mack, Deputy Clerk SPECIAL MEETING JUNE 8, 2011 The June 8, 2011 Special Meeting of the Schuyler County Legislature was called to order at 9:43 a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Gifford and followed by a Moment of Silence. All Legislators were present except Legislator Barnes and Legislator Karius who were excused. County Administrator Timothy O’Hearn was also present. Acting County Attorney Dennis Morris was excused. PUBLIC PARTICIPATION: None. RESOLUTION NO. 161 Motion by Larison, Second by Gifford. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.04267B AND ASSEMBLY BILL A.06724B TO ENACT LEGISLATION TO AUTHORIZE THE COUNTY OF SCHUYLER TO CONVEY TO DORIS AND HENRY F. LEMBECK IV AN EASEMENT THROUGH LAND LOCATED IN THE COUNTY’S SENECA HARBOR PARK 2. AUTHORIZE PAYMENT TO THOMAS G. MERRILL PROFESSIONAL LAND SURVEYOR FOR A SURVEY OF A PORTION OF SENECA HARBOR PARK – BUILDINGS & GROUNDS Vote 6-0. RESOLUTION NO. 162 Motion by Larison, Second by Gifford. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.04267B AND ASSEMBLY BILL A.06724B TO ENACT LEGISLATION TO AUTHORIZE THE COUNTY OF SCHUYLER TO CONVEY TO DORIS AND HENRY F. LEMBECK IV AN EASEMENT THROUGH LAND LOCATED IN THE COUNTY’S SENECA HARBOR PARK WHEREAS, Schuyler County Resolution N. 135-11 requested that the New York State Legislature pass Senate Bill S.04267 and Assembly Bill A.06724 relative to enacting legislation to authorize the County of Schuyler to convey an easement through land located in the County’s Seneca Harbor Park, and WHEREAS, said adjacent property is now owned by Doris and Henry F. Lembeck IV. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature pass Senate Bill S.04267B and Assembly Bill A.06724B to adopt special legislation to allow the Schuyler County Legislature to convey to Doris & Henry F. Lembeck IV, a permanent easement through land located in the County’s Seneca Harbor Park, and BE IT FURTHER RESOLVED, that the chairman and clerk of the Legislature are authorized to execute and deliver the required home rule request documents requesting that the New York State Legislature adopt such legislation, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator Thomas F. O’Mara, New York State Christopher S. Friend, and to the Majority and Minority Leaders of the New York State Assembly and Senate. Vote 6-0. RESOLUTION NO. 163 Motion by Larison, Second by Gifford. RE: AUTHORIZE PAYMENT TO THOMAS G. MERRILL PROFESSIONAL LAND SURVEYOR FOR A SURVEY OF A PORTION OF SENECA HARBOR PARK – BUILDINGS & GROUNDS WHEREAS, Resolution No. 155-10 the Legislature authorized a SEQR for Alienation of a portion of Seneca Harbor Park and declared lead agency relative to redevelopment of the Seneca Lake waterfront, and WHEREAS, said alienation of County property required a survey to be completed, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 64 WHEREAS, now a metes and bounds description is required by the State Assembly in order to amend Legislation, and WHEREAS, said services were completed by Thomas G. Merrill professional Land Surveyor in the amount of $225.00. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes payment to Thomas G. Merrill Professional Land Surveyor for a metes and bounds description of the portion of Seneca Harbor Park for redevelopment of the Seneca Lake waterfront, funding available in the Facilities and Grounds Capital Reserve Account No. 004.1620.209. Vote 6-0. MOTION by Legislator Larison to go into Executive Session to discuss Employee Work History, SECOND by Legislator Halpin. Motion carried six ayes to zero noes. MOTION by Legislator Gifford to come out of Executive Session, SECOND by Legislator Larison. Motion carried six ayes to zero noes. PUPLIC PARTICIPATION: None. The Meeting Adjourned at 10:23 a.m. Stacy B. Husted, Clerk REGULAR MEETING JUNE 13, 2011 The June 13, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present. County Administrator Timothy O’Hearn and Acting County Attorney Dennis Morris were also present. PUBLIC PARTICIPATION: Sara Hanley, from the Southern Tier Tobacco Awareness Coalition, spoke in regards to the new signage for a smoke free campus. She was not sure if they had all seen the draft design so she passed around a proof for them to review. All Legislators were in favor of what was submitted. RESOLUTION NO. 164 Motion by Larison, Second by Karius. RE: APPROVE THE MINUTES OF THE MAY 9, 2011 REGULAR MEETING AND THE JUNE 8, 2011 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the May 9, 2011 Regular Meeting and the June 8, 2011 Special Meeting of the Schuyler County Legislature be approved. Vote 8-0. RESOLUTION NO. 165 Motion by Yuhasz, Second by Halpin. RE: REQUESTING THAT THE STATE OF NEW YORK APPROPRIATELY DISBURSE THE STATEWIDE WIRELESS 911 CELLULAR SURCHARGE – EMERGENCY MANAGEMENT WHEREAS, New York State will collect approximately $192 million in fiscal year 2010 from the Public Safety Communications Surcharge, and WHEREAS, the funding is distributed unfairly and inappropriately throughout the Public Safety Answering Points within the State, and WHEREAS, Schuyler County is among the Public Safety Answering Points across New York State that provide emergency call taking and dispatch service to all emergency service providers, including many New York State agencies, and WHEREAS, Schuyler County receives an inappropriate amount of reimbursement from this surcharge revenue. NOW THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature requests that the State of New York appropriately disburse the $192 million collected to the 911 Public Safety Answering Points across New York State for operational costs and continuing upgrades, and BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to Governor Andrew M. Cuomo, Senator Thomas F. O’Mara, and Christopher S. Friend. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 65 Vote 8-0. RESOLUTION NO. 166 Motion by Yuhasz, Second by Halpin. RE: AUTHORIZE AMENDING THE 2011 BUDGET FOR UPCOMING ADDITIONAL MUTUAL AID AT WATKINS GLEN INTERNATIONAL, INC. – SHERIFF’S OFFICE WHEREAS, due to the upcoming music festival to be held at Watkins Glen International in July, there is a need to increase the Special Events Expense account and the Other Public Safety Income revenue account, with all costs associated with this event being reimbursed by Watkins Glen International, Inc per agreement. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2011 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$165,000 3110.317 Special Events Expense +$165,000 3110.1589 Other Public Safety Income Revenue Vote 8-0. RESOLUTION NO. 167 Motion by Yuhasz, Second by Halpin. RE: AUTHORIZE 2011-2012 CONTRACT RENEWAL WITH AUTOMON CORPORATION FOR A SOFTWARE MAINTENANCE AGREEMENT - PROBATION DEPARTMENT WHEREAS, the Automon Corporation is to provide technical support services to the Schuyler County Probation Department for the ongoing use of licensed software for probation case management services (Caseload Explorer), and WHEREAS, these services are to be paid for out of the budget of the Schuyler County Information Technology Department in the amount of $4,663.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Automon Corporation for the Schuyler County Probation Department for technical support services as a customer of Caseload Explorer for the term of May 21, 2011 through May 21, 2012, funding available in the 2011 Information Technology budget account no. 1680.400; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 168 Motion by Barnes, Second by Larison. RE: AUTHORIZE CONTRACT RENEWAL WITH BEHAVIORAL INTERVENTIONS INC. FOR ELECTRONIC HOME MONITORING WITH GLOBAL POSITIONING SYSTEM- PROBATION DEPARTMENT WHEREAS, Schuyler County Probation already uses electronic home monitoring with GPS capabilities through Behavioral Interventions Inc., and WHEREAS, the use of this unit presents a cost to probation of $5.50 a day. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to renew a contract with Behavioral Interventions Inc. for Schuyler County Probation for the use of electronic home monitoring equipment with GPS capabilities for the term of July 14, 2011 through July 14, 2016, with funding available in the 2011-2012 probation budget account number 3140.382, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 169 Motion by Barnes, Second by Larison. RE: AUTHORIZE CONTRACT RENEWAL WITH BEHAVIORAL INTERVENTIONS INC. FOR ELECTRONIC HOME MONITORING WITH A LANDLINE CONNECTION AS A PASSIVE TRACKING UNIT - PROBATION DEPARTMENT WHEREAS, Schuyler County Probation already uses electronic home monitoring with a landline connection as a passive tracking unit through Behavioral Interventions Inc., and WHEREAS, the use of this unit presents a cost to probation of $3.99 a day. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to renew a contract with Behavioral Interventions Inc. for Schuyler County Probation for the use of electronic home monitoring equipment with passive tracking capabilities for the term of July 14, 2011 through July 14, 2016, with funding available in the 2011-2012 probation budget account number 3140.382, subject to approval ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 66 of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 170 Motion by Barnes, Second by Larison. RE: AUTHORIZE AMENDING THE 2011 BUDGET FOR INDIGENT LEGAL SERVICES FUND – PUBLIC DEFENDER WHEREAS, the Schuyler County Public Defender’s Office is in receipt of additional 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 Legislature authorize the County Treasurer to amend the 2011 Public Defender’s budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION + $8,173.00 1170.3389 Other Public Safety Revenue + $6,500.00 1170.435 Professional Fees/Services + $1,673.00 1170.409 Conference Expense Vote 8-0. RESOLUTION NO. 171 Motion by Larison, Second by Halpin. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF A 2011/2012 VIDEO RECORDING OF STATEMENTS EQUIPMENT GRANT THROUGH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES - DISTRICT ATTORNEY WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services for the purpose of purchasing and installing equipment to record suspect interrogations at the Schuyler County Sheriff’s Department and the Watkins Glen Police Department, and WHEREAS, this Grant is estimated to be in the amount of $14,271.33 with no County match. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2011/2012 Video Recording of Statements Equipment 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 $14,271.33 with no County match; said documents subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 172 Motion by Larison, Second by Halpin. RE: AUTHORIZE A 2011 HOUSEHOLD HAZARDOUS WASTE DAY AND GRANT BUDGET WHEREAS, the County holds a Household Hazardous Waste Collection Event annually, pending funding, and WHEREAS, the County received a three year cost share grant from the New York State Department of Environmental Conservation to hold three such events, and WHEREAS, 2011 is the 3rd and final year of said grant, and WHEREAS, the following budget allows the County to recoup the maximum amount of the grant and utilizes the full amount the County budgeted as a match for the grant: 2010 Actual 2011 Proposed Advertising & Promotions $552 $800 Supplies (trash removal, volunteer refreshments, etc.) $105 $300 Household Hazardous Waste Contract $7,400 $10,000 Electronics Contract $0 $0 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 67 Tire Disposal Fee $705 $700 Total Event Cost $8,057 $11,800 Revenue from electronics collection in spring 0 0 Revenue from tires and electronics $1,517 $1,050 DEC Reimbursement $3,881 $2,670 Total County Cost after reimbursements $2,659 $8,080 NOW, THEREFORE, BE IT RESOLVED, that the Legislature approves the Household Hazardous Waste Day grant budget as presented. Vote 8-0. RESOLUTION NO. 173 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH CLEAN VIBES, LLC FOR CLEAN UP YOUTH EMPLOYMENT PROGRAM FOR THE UPCOMING PHISH CONCERT AT WATKINS GLEN INTERNATIONAL, INC. – 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 Clean Vibes, LLC are desirous of integrating a temporary cleanup program following the Phish Concert for the above mentioned youth, and WHEREAS, the program will employ approximately 40 youth with the wages for the youth and supervisors to be reimbursed by Clean Vibes, LLC. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to hire and implement the above mentioned employment program from July 1, 2011 through July 10, 2011 for youth ages 14 – 20, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the contract with Clean Vibes, LLC as stated above; subject to approval by the County Attorney. Vote 8-0. RESOLUTION NO. 174 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE USE OF THE FAMILY PLAY AND RESOURCE CENTER FOR SUPERVISED VISITATIONS DURING NON OPERATING HOURS WITH CATHOLIC CHARITIES – YOUTH BUREAU WHEREAS, the Youth Bureau oversees the Family Play and Resource Center program, and WHEREAS, there is a need in Schuyler County for supervised visitations in an appropriate place for children and parents, and WHEREAS, Catholic Charities of Schuyler County is looking to fill this need, and WHEREAS, the Family Play and Resource Center is not open for use on Mondays or after 2 PM on Tuesday through Fridays, and WHEREAS, Resolution No. 400-10 authorized an agreement on a trial basis, and we would like to continue this program for another six months beginning July 1, 2011 until December 31, 2011 at no cost for use of the room. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned contract for the use of the Family Play & Resource Center for supervised visitation; at no cost to the County; subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 175 Motion by Larison, Second by Yuhasz. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 68 RE: PROCLAIM ELDER ABUSE AWARENESS DAY 2011- OFFICE FOR THE AGING AND DEPARTMENT OF SOCIAL SERVICES WHEREAS, Schuyler County has been informed by the International Network for the Prevention of Elder Abuse that June 15, 2011 is annual World Elder Abuse Awareness Day, and WHEREAS, the Schuyler County Office for the Aging and the Department of Social Services, in conjunction with the Finger Lakes Elder Abuse Coalition seek to educate the general public on issues of elder mistreatment and to facilitate legislative change for the protection of the vulnerable elderly, and WHEREAS, elder abuse is grossly under reported because the elderly who are being abused find it very difficult to tell anyone and are usually ashamed and sometimes afraid, and WHEREAS, nationally only 1 in 5 cases get reported, and WHEREAS, Schuyler Counties older citizens laid the foundation for the state and nation we enjoy today, and WHEREAS, abuse of older persons is a tragedy inflicted on a vulnerable segment of the population that crosses all socio-economic boundaries, and WHEREAS, combating abuse of older people will help to improve the quality of life for seniors across Schuyler County and New York State, and will allow senior citizens to continue to live as independently and vibrantly as possible, and WHEREAS, Schuyler County seniors should be treated with respect and dignity as they continue to serve as leaders, mentors, volunteers, and important and active members of our councils, and WHEREAS, the County of Schuyler honors the countless contributions of its senior citizens, and recognizes all efforts to end elder abuse as vital to the interests of the citizens of this County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim June 15, 2011 as World Elder Abuse Awareness Day, and BE IT FURTHER RESOLVED, to urge both the public and private sectors to join with this Board in recognizing the contributions of all older Americans and the right of these Americans to live in peace and dignity without fear of abuse, and in particular, those older Americans who are residents of Schuyler County. Vote 8-0. RESOLUTION NO. 176 Motion by Larison, Second by Yuhasz. RE: RECOGNIZE ANNABELLE SPECCHIO AS THE NEW YORK STATE OFFICE FOR THE AGING SENIOR CITIZEN OF THE YEAR FOR SCHUYLER COUNTY – OFFICE FOR THE AGING WHEREAS, Mrs. Annabelle Specchio is a long time active citizen of Schuyler County, and WHEREAS, Mrs. Specchio has contributed to her community in various capacities including serving as a Schuyler Hospital Auxiliary member and officer, Schuyler Hospital Director of Volunteers, American Legion volunteer, Elks volunteer, has volunteered for various church activities and has held membership in both the local Zonta and BPW Civic organizations, and WHEREAS, most specifically, Mrs. Specchio has organized the Schuyler Hospital Gift Shop for 15+ years, and WHEREAS, Mrs. Specchio deserves recognition for the contributions she has made for the betterment of the community including the residents of the county as well as a multitude of visitors. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby recognize Mrs. Annabelle Specchio as the New York State Senior Citizen of the Year and urges everyone to take time to thank Mrs. Specchio for her continued dedication and enthusiasm. Vote 8-0. RESOLUTION NO. 177 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH C&R ENTERPRISES FOR REPAIR SERVICES - OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging, as part of its mission under the EISEP, Caregiver and WRAP programs, provides repairs, removal of architectural barriers, maintenance of appliances, installation of health and safety related items and modifications to a client’s living environment, and WHEREAS, the Schuyler County Office for the Aging has monies under each funding stream related to these specific needs, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 69 WHEREAS, Contractor, Ryan Davids of C&R Enterprises has agreed to provide services within his areas of expertise, and WHEREAS, the cost of services includes supplies, labor and mileage, and WHEREAS, in keeping with the practice of requesting donations for services rendered by the Office for the Aging, the cost of the services could be minimized or covered by the donations requested and collected from participants. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with C&R Enterprises for the purpose of providing home repairs, modifications and installations for EISEP, Caregiver and WRAP clients as identified and approved by the Schuyler County Office for the Aging through the OFA budget account no. 6772.0401 for the term of June 15, 2011 through December 31, 2011, said contract subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 178 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH RICHARD DECKER FOR REPAIR SERVICES – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging, as part of its mission under the EISEP, Caregiver and WRAP programs, provides repairs, removal of architectural barriers, maintenance of appliances, installation of health and safety related items and modifications to a client’s living environment, and WHEREAS, the Schuyler County Office for the Aging has monies under each funding stream related to these specific needs, and WHEREAS, Contractor, Richard Decker, has agreed to provide services within his areas of expertise, and WHEREAS, the cost of services includes supplies, labor and mileage, and WHEREAS, in keeping with the practice of requesting donations for services rendered by the Office for the Aging, the cost of the services could be minimized or covered by the donations requested and collected from participants. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Richard Decker for the purpose of providing home repairs, modifications and installations for EISEP, Caregiver and WRAP clients as identified and approved by the Schuyler County Office for the Aging through the OFA budget account no. 6772.0401 for the term of June 15, 2011 through December 31, 2011, said contract subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 179 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH HOME SWEET HOME FOR PERSONAL CARE 1 (PC1) AND RESPITE SERVICES UNDER EISEP AND TITLE IIIE CAREGIVER PROGRAMS – OFFICE FOR THE AGING WHEREAS, the Expanded In-Home Services for the Elderly Program (EISEP) and the IIIE Caregiver programs include aide service for personal care level I and respite services , and WHEREAS, the Home Sweet Home agency can provide aides for said services, and WHEREAS, the current agreement with Stafkings, Inc. does not provide sufficient coverage to meet all needs for aide coverage as evidenced by the existing waiting list, and WHEREAS, the 2011-2012 EISEP and 2011 IIIE budgets include funds for such services in line item 6772.0490. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with the Home Sweet Home agency to provide the necessary aide service at the rate of $18.00 per hour for the term of June 15, 2011 through December 31, 2011, said contract subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 180 Motion by Halpin, Second by Larison. RE: AUTHORIZE AGREEMENT WITH AIMEE CHURCHILL, ESQ. FOR THE PROVISION OF LEGAL SERVICES TO THE OFFICE FOR THE AGING CLIENTS – OFFICE FOR THE AGING ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 70 WHEREAS, the Office for the Aging is charged with the responsibility of administering the Older Americans Act, as amended, and WHEREAS, legal services to the age 60 and over population have been mandated as a priority service in the Older American’s Act Amendments of 1978, and WHEREAS, the contractor is a provider of legal services, capable of providing legal advice, representation and appropriate referral to older residents of Schuyler County, and WHEREAS, the Office for the Aging has received federal funds pursuant to the Older American’s Act, Title IIIB, to carry out such objectives and has the authority and necessary funds under such grant to enter into an agreement, and WHEREAS, the Contractor covenants that she is willing and able to perform the services required by this Office. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Amiee Churchill to render legal assistance to Office for the Aging clients at the rate of $125.00 per hour, not to exceed $7,000 for the term of June 15, 2011 through December 31, 2011, said contract subject to approval of the Schuyler County Attorney. DISCUSSION: Legislator Barnes asked who has been performing this service up until now. Chairman Fagan explained that it has been the Assistant County Attorney, Dennis Morris, who is now Acting County Attorney and unable to provide the service. Vote 8-0. RESOLUTION NO. 181 Motion by Halpin, Second by Larison. RE: AUTHORIZE CONTRACT WITH JENNIFER MEHTA, PHN FOR NURSING SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is severely short staffed, and WHEREAS, Jennifer Mehta is willing to provide some nursing services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract with Jennifer Mehta for the provision of Nursing Services, for the period June 2, 2011 through June 30, 2012, at the rate of $42.00 per hour, in an amount not to exceed $2,500 annually, funding being available in the 2011 budget, account no. 4010.490; subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 182 Motion by Halpin, Second by Larison. RE: AUTHORIZE CONTRACT WITH TIMOTHY HICKS FOR WATERSHED SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is severely short staffed, and WHEREAS, Timothy Hicks is willing to provide some services for the Watershed Agency. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract with Timothy Hicks for the provision of services to the Watershed Agency, for the period July 1, 2011 through December 31, 2011, at an hourly rate of $20.00, in an amount not to exceed $1,500 annually, funding being available in the 2011 budget; subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 183 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH MED-REV RECOVERIES, INC. – HEALTH SERVICES WHEREAS, Schuyler County Health Services bills for services provided, and WHEREAS, Schuyler County Health Services would like to ensure that full reimbursement is received for all overdue claims, and WHEREAS, Med-Rev Recoveries, Inc. provides collection services, 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 Med-Rev Recoveries, Inc., on a month-to-month basis for collection services, at no local share cost, effective July 1, 2011 through December 31, 2011, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 184 Motion by Halpin, Second by Yuhasz. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 71 RE: AUTHORIZE CONTRACT WITH MARGARET OHLINGER, DVM – PUBLIC HEALTH WHEREAS, the County has to provide rabies vaccination clinics, and Dr. Margaret Ohlinger, DVM is an established veterinarian who is able to provide services for these clinics. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Dr. Margaret Ohlinger, DVM to provide services for the rabies clinics, effective July 1, 2011 through June 30, 2012, in the amount of $50.00 per hour, funding is available in the Public Health 2011 County Budget account 4042.435; subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 185 Motion by Halpin, Second by Yuhasz. RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES 2011-2012 – PUBLIC HEALTH WHEREAS, Resolution No. 117-11 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 Schuyler County Chapter, NYSARC, Inc. for transportation of preschool handicapped children to and from Frank Pierce Early Childhood Center from July 1, 2011 to June 30, 2012 in the amount of $195.00 per child per day plus $25.00 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Birnie Bus Service Inc. for transportation of preschool handicapped children to and from Franziska Racker Centers from July 1, 2011 to June 30, 2012 at $208.00 per child, with a $28.00 per additional child fee be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Durham School Services, LP for transportation of preschool handicapped children to and from Pathways Preschool Program in Bath, NY from July 1, 2011 to June 30, 2012 in the amount of $243.70, per child per day plus $29.00 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Durham School Services, LP for transportation of preschool handicapped children to and from Pathways Preschool Program in Avoca, NY from July 1, 2011 to June 30, 2012 in the amount of $236.00, per child per day plus $29.00 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler County Chapter, NYSARC, Inc. for transportation of preschool handicapped children to and from Chemung County UCP from July 1, 2011 to June 30, 2012 at $195.00, per child per day with a $25.00 per additional child fee be, and hereby is accepted, and BE IT FURTHER RESOLVED, that the bid from Durham School Services, LP for transportation of preschool handicapped children to and from Yates ARC / Keuka Lake Schools from July 1, 2011 to June 30, 2012 at $191.81, per child per day with a $29.00 per additional child fee be, and hereby is accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler County Chapter, NYSARC, Inc. for miscellaneous transportation of preschool handicapped children from July 1, 2011 to June 30, 2012 in the amount of $2.40 per mile be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that since certain students may be eligible for transport by a parent, school district or public transportation, this award is not an exclusive contract for services, and BE IT FURTHER RESOLVED, that contracts necessary to carry out such transportation services are hereby authorized for signature by the Chairman of this Legislature, funding available in the 2011 budget, account no. 2960.440-Travel; contracts subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 186 Motion by Gifford, Second by Larison. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF COUNTY ROAD 4 OVER SAWMILL CREEK BRIDGE REPLACEMENT - HIGHWAY WHEREAS, Schuyler County accepted a proposal for Engineering Services for the Replacement of County Road 4 over Sawmill Creek Bridge BIN #3332440, and WHEREAS, the project design is complete, it is now necessary to advertise for bids for construction, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 72 WHEREAS, funding for said project is available in the 2011 budget and reimbursed, 80% Federal, 15% State, 5% local. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for the construction of County Road 4 over Sawmill Creek Bridge Replacement. Vote 8-0. RESOLUTION NO. 187 Motion by Gifford, Second by Larison. RE: AUTHORIZE REQUEST FOR PROPOSALS FOR ABSTRACT SERVICES – TREASURER’S OFFICE WHEREAS, Article 11 of the Real Property Tax Law requires that a search of Interested Parties on any parcel being foreclosed upon for delinquent taxes be conducted before any Notice of Foreclosure may be sent, and WHEREAS, the Treasurer’s Office does not have the sufficient staffing to conduct such searches. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer is hereby authorized to solicit quotes for Abstract Services upon consultation with the County Attorney’s Office, and BE IT FURTHER RESOLVED, that the Treasurer’s Office and the County Attorney’s Office will review said quotes and bring recommendation to the Management & Finance Committee. Vote 8-0. RESOLUTION NO. 188 Motion by Gifford, Second by Larison. RE: AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW – AS AMENDED WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax receipts for the period October 1, 2010 through March 31, 2011, 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 below. EXHIBIT MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES OCTOBER 1, 2010 THROUGH MARCH 31, 2011 TOWNS Amount Due VILLAGES Amount Due Catharine $5,730.96 Burdett $744.72 Cayuta $2,219.82 Montour Falls $2,298.93 Dix $16,115.08 Odessa $834.20 Hector $40,543.68 Watkins Glen $5,865.43 Montour $6,185.31 Orange $6,066.56 Reading $10,107.58 Tyrone $18,669.74 TOTALS 108,583.81 $9,743.28 APPROVED BY COMMITTEE: Thomas M. Gifford, Chair Michael A. Yuhasz Stewart F. Field, Jr. Philip C. Barnes Vote 8-0. RESOLUTION NO. 189 Motion by Karius, Second by Gifford. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 73 RE: ISSUE PUBLIC ENTERTAINMENT PERMITS TO WATKINS GLEN INTERNATIONAL, INC. FOR THEIR 2011 EVENTS WHEREAS, in accordance with Local Law No. 4 of the Year 2010, Watkins Glen International, Inc., of Watkins Glen, NY has applied for a Public Entertainment (Outdoor) Permit for the 2011 season of events, and WHEREAS, the proposed events are: • Music Festival, June 30, 2011 – July 3, 2011 • Finger Lakes Wine Festival, July 15, 2011 – July 17, 2011 • NASCAR, August 11, 2011 – August 14, 2011, and WHEREAS, all events will take place at the Watkins Glen International facility located in the Town of Dix, Schuyler County, NY, and WHEREAS, in compliance with the issuance of a permit under Local Law No. 4 of the Year 2010, Public Entertainment (Outdoor) – Regulating/Licensing, all requirements have been met. NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the County Attorney and County Administrator, the Schuyler County Legislature authorizes the issuance of the Public Entertainment (Outdoor) Permits for the proposed events listed in this resolution to Watkins Glen International, Inc. Vote 7-0. Barnes; Abstained. RESOLUTION NO. 190 Motion by Karius, Second by Gifford. RE: AUTHORIZE AMENDING THE 2011 BUDGET FOR EZ PASS REVENUE - COUNTY CLERK WHEREAS, the County Clerk’s office has been authorized to sell EZ Passes through the Motor Vehicle Department to bring in additional revenue for the County, and WHEREAS, additional revenue and the upfront expense of the purchase of said passes necessitates an amendment to the 2011 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2011 Budget as follows: AMOUNT ACCOUNTY NO. DESCRIPTION +$525.00 1410.431 Office Supplies +$525.00 1410.1205 EZ Pass Sales Vote 8-0. RESOLUTION NO. 191 Motion by Karius, Second Gifford. RE: ACKNOWLEDGE APPOINTMENTS OF ELECTION INSPECTORS – BOARD OF ELECTIONS WHEREAS, after completing the necessary training and upon certification, the Schuyler County Board of Election Commissioners have made a recommendation of 78 individuals to be appointed as election inspectors. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment of the following individuals as Schuyler County Election Inspectors for a one year term commencing July 15, 2011 through July 14, 2012: REPUBLICANS Karen Allen; Susan Baker; Virginia Beebe; Sonraeanna Carubia; Diana Clugstone; Michael Dinkins; Doris H. Fazzary; Judy Forney; Mae Harrison; Margaret T. Herrick; Elizabeth J. Hollis; Mary Ellen Hoose; John D. Hunt; Darla Kimmey; Florence M. Klopf; Gretchen Leuze; Anita Lockwood; Harry J. Lockwood; Jamee Mack; Patricia Macnanara; Cathy-Rae Mathews; Frederick Mockler; Lisa Orr; Greta Preston; Ira Ray; Linda Shine; Helen M. Sipperley; Ida Smalley; Beatrice Smyder; Elizabeth J. Sullivan; Jolene Swick; Beverly VanAmburg; Joyce VanVleet; Catherine VanZile; Cheryl Warner; P. Welshans; Maureen N. Colunio; Debra L. Opdyke; Kathleen B. Palmisano DEMOCRATS Debra Albro; Geraldine Boyce; Patricia L Butler; Judith Caruso; Susan Cecce; Beverly Clickner; Elizabeth Cole-Fagan; Shannon A. Cornish; Nancy L. Crouch; Pamela Davis; Vera Franzese; Betty Heichel; Caroline Hecht; Jean Hubsch; Sally J. Human; Virginia Jensen; Edith J. Jones; Diane Koi-Thompson; Suzanne Learn; Jacqueline Leidenfrost; Susanne Lipari; Elizabeth Martin; Neal Melveney; Madalyn B. Morgan; Kathleen D. Mayo; Thomas McGarry; George Miner; Marion Nicastro; Meghan Orbin; Jean Parker; Rosemary Paterson; ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 74 Pinkard; Nona Schimizzi; Catherine Sirrine; Karen Solomon; Carlene L. Swick; Sandra Teeter; Elizabeth Underdown; Francis VanDyke; Clifford Yaw; Yaw; Melisa Zeoke, Sara Delahanty, Marian Morin. Vote 8-0. RESOLUTION NO. 192 Motion by Larison, Second by Gifford. RE: AUTHORIZE APPOINTMENT TO FILL UNEXPIRED TERM ON THE SCHUYLER COUNTY PLANNING COMMISSION WHEREAS, Susan Knapp , Business Representative had resigned from the Planning Commission in January 2011, and WHEREAS, Erich Herzig has expressed an interest in filling the unexpired term. NOW, THEREFORE BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Erich Herzig to fill the unexpired term of June 13, 2011 through December 31, 2011, to wit: PLANNING COMMISSION Erich Herzig, Business Representative Vote 8-0. RESOLUTION NO. 193 Motion by Larison. Second by Gifford. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE WATERSHED INSPECTOR POSITION – PUBLIC HEALTH WHEREAS, Schuyler County Public Health has a vacant Watershed Inspector position, and the Director of Community Services/Public Health has selected a candidate, and WHEREAS, funding to fill this position is available in the year 2011 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment made by George Roets, Director of Community Services/Public Health, of Darrel C. Sturges to fill the full-time Watershed Inspector position, and upon recommendation of the Human Resources Director, sets the salary at $42,000, in Grade E in the Management/Confidential Salary Plan, effective June 20, 2011. Vote 8-0. NEW BUSINESS: Chairman Fagan explained that Congressman Reed asked that the Legislature send a letter to the Environmental Protection Agency regarding the Chesapeake Bay. He asked the board for support of writing the letter on their behalf. MOTION by Legislator Gifford, SECOND by Legislator Halpin. Motion carried eight ayes to zero noes. Legislator Larison stated that our Soil & Water Conservation District has been fighting this for years. I appreciate this as will they. REPORT ON STANDING COMMITTEES: Legislator Larison stated that with all of the cuts at the Federal level, he feels the need to report that now the Retired Senior Volunteer Program (RSVP) will have to cut the very people, the volunteers that are out there helping our elderly. He realizes there is nothing the Legislature can do, but this is what is happening. Legislator Gifford asked Administrator O’ Hearn if the Dial-A-Ride Program could help fill the void. Administrator O’Hearn said yes to some degree, however, not for long distances. Legislator Barnes wished to commend the Highway Department for the quick response to a problem area on County Route 16 and State Route 414 where there were shrubs and visibility was limited. They did a nice job. He also reported that with the untimely death of a Chemung County Sheriff, he has asked our Sheriff to reach out to Chemung County to offer assistance. Administrator O’Hearn said he has. Legislator Yuhasz wanted to know how long before the smoke free campus signs would be completed and available for the non smoking on county campuses. Sarah Hanley said approximately two to three weeks after approval has been received. COUNTY ADMINISTRATORS REPORT: Administrator O’Hearn reported that the New York State Association of Counties (NYSAC) delivered to the County a Medicaid Reform and Property Tax Cap Reduction Act of 2011. See the report on file in the Legislative office. In 2014 the State could assume all local share of Medicaid. PUBLIC PARTICIPATION: None. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 75 The Meeting adjourned at 6:46 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk REGULAR MEETING JULY 11, 2011 The July 11, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present. County Administrator Timothy O’Hearn and Acting County Attorney Dennis Morris were also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 194 Motion by Larison, Second by Halpin. RE: APPROVE THE MINUTES OF THE JUNE 13, 2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the June 13 2011 Regular Meeting of the Schuyler County Legislature be approved. Vote 8-0. RESOLUTION NO. 195 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE AMENDMENT TO THE COOPERATIVE FIRE PROTECTION AGREEMENT WITH THE U.S. FOREST SERVICE – EMERGENCY MANAGEMENT WHEREAS, the U.S. Forest Service has made modification to their annual operating plan, and WHEREAS, the changes effect the current six-year agreement through, May 2014, and WHEREAS, the radio frequencies that they use have changed to 166.5625, and WHEREAS, the hourly reimbursable rate for a Type III Engine and 2 Firefighters has increased from $149 to $169, and WHEREAS, there is no cost to Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the current agreement with US Forest Service for the Emergency Management Office for Cooperative Fire Protection; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 196 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2011/2012 NEW YORK STATE AID TO PROSECUTION GRANT - DISTRICT ATTORNEY WHEREAS, the New York State Division of Criminal Justice Services has grant funding available through an Aid to Prosecution Grant for the purpose of assisting the Schuyler County District Attorney’s Office in prosecuting felony offenses, and WHEREAS, this Grant is estimated to be in the amount of $29,200. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for the 2011/2012 NYS Aid to Prosecution Grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $29,200; said documents subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 197 Motion by Karius, Second by Yuhasz. RE: NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, REVIEW AND MODIFICATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT #1 WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County reviews each of its agricultural districts every eight years, and WHEREAS, Agricultural District #1 was last reviewed in 2003, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 76 WHEREAS, the Agricultural and Farmland Protection Board has been reviewing District #1 and has held two initial public hearings on March 24, 2011 and March 30, 2011 in the Town of Hector, and WHEREAS, a review of the current district boundaries, inquiry to landowners, and public feedback resulted in a proposed modification of District #1 through the addition of 342.28 acres and removal of 648.16 acres, and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on May 16, 2011 that all of the proposed changes meet the definition of viable agricultural land as defined by Agriculture and Markets Law Article 25AA, and WHEREAS, Schuyler County has determined that proposed changes to Schuyler County Agriculture District is an unlisted action and has elected to use form RA-115 provided by NYS Department of Agriculture and Markets to assess any environmental impacts. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature has reviewed the potential impacts of the proposed modification of Schuyler County Ag District #1 and found that there will be no significant negative environmental impacts associated with this action. Vote 8-0. RESOLUTION NO. 198 Motion by Barnes, Second by Halpin. RE: SETTING A PUBLIC HEARING FOR ANNUAL AGRICULTURAL DISTRICT ENROLLMENT FOR 2011 WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County must review each of its Agricultural Districts every eight years, and WHEREAS, Agricultural District #1 was last reviewed in 2003, and WHEREAS, the Agricultural and Farmland Protection Board has been reviewing District #1 and has held two initial public hearings on March 24 and 30, 2011 WHEREAS, a review of the current district boundaries, inquiry to landowners, and public feedback resulted in a proposed modification of District #1 through the addition of 342.28 acres and removal of 648.16 acres, and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on May 16, 2011 that all of the proposed changes meet the definition of viable agricultural land as defined by Agriculture and Markets Law Article 25AA, and WHEREAS, it has been determined that the proposed changes to Agricultural District #1 will not have any significant negative environmental impacts. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does intend to hold a public hearing for consideration of the recommendations by the Board on the proposed changes on August 8, 2011 at 6:45 p.m. at its Regular Meeting of the Legislature. Vote 8-0. RESOLUTION NO. 199 Motion by Barnes, Second by Halpin. RE: AUTHORIZE 2011 AMENDMENT WITH IVANS, INC. FOR BILLING SERVICES – PUBLIC HEALTH WHEREAS, Schuyler County Public Health currently contracts with Ivans, Inc. for billing services related to submission of Medicare bills, and WHEREAS, Ivans, Inc. issues a rate schedule for each year’s renewal, and WHEREAS, a charge per license maintenance fee needs to be added to this year’s agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the amended agreement with Ivans, Inc. for Medicare billing services to include an annual Maintenance Fee of $12.00 per year per license, funds available in the 2011 Public Health budget, account no. 4010.532, subject to the approval of the County Attorney. Vote 8-0. RESOLUTION NO. 200A Motion by Karius, Second by Halpin. RE: MOTION TO TABLE RESOLUTION NO. 200 FOR FURTHER INVESTIGATION BE IT RESOLVED, that Resolution No. 200 be tabled for further investigation. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 77 DISCUSSION: Chairman Fagan asked Administrator O’Hearn to speak on this and what he had learned about the legislation. Administrator O’Hearn cautioned the Legislature to be aware that this legislation is unlike Florida’s. If an applicant tests positive they are denied any benefits until such time they are enrolled into a rehabilitation program and they must remain there. Commissioner of Social Services, Bill Weiss, has not been provided any input on who would pay for the rehabilitation program. He was not even aware of this requirement. He just wanted to make sure you were all aware. The State of Florida excludes their clients for one year from receiving benefits. It is quite likely that we, as New Yorkers, will have to pay for this. If the clients fail to follow the conditions, they are excluded from receiving benefits. Vote 8-0. RESOLUTION NO. 200 Motion by Barnes, Second by Halpin. RE: RESOLUTION URGING IMPLEMENTATION OF DRUG TESTING FOR MEDICAID APPLICANTS AND RECIPIENTS, TEMPORARY ASSISTANCE APPLICANTS AND RECIPIENTS, FOOD STAMP APPLICANTS AND RECIPIENTS, AND SUPPLEMENTAL SECURITY INCOME RECIPIENTS AS A PREREQUISITE FOR ELIGIBILITY - TABLED WHEREAS, various programs provided by the State of New York now termed “Temporary Assistance,” and formerly termed Welfare, and administered through the New York State Office of Children and Family Services and the Office of Temporary Disability Assistance, now cost the taxpayers of the State of New York approximately $975 million per month in direct benefit payments in the forms of Temporary Assistance, Food Stamps, and Supplemental Security Income, a figure which excludes administration and personnel costs, and WHEREAS, the disbursement of said cases as of May, 2010, places 64% of all recipients of such services statewide within the City of New York, despite the City of New York only accounting for 43% of the total population of the State of New York, and WHEREAS, the total Medicaid spending for the State of New York in Fiscal Year 2008 was $31 billion per annum, and WHEREAS, the combined expenditures for such social programs as identified within this resolution, namely Medicaid, Temporary Assistance, Food Stamps, and Supplemental Security Income, total approximately $43 billion per year, or 32% of total spending by the State of New York, and WHEREAS, the 2009 Schuyler County budget included $3,475,000 million in expenditures for Medicaid, which may be quantified as 37.3% of the County’s property tax levy of $9.3 million, or 37.7% of the County’s entire revenue from collection of sales taxes, and WHEREAS, such expenditures must then be undertaken by the State of New York in a manner that respects the hard work performed by each and every taxpayer who is forced to contribute, via taxation, to the social welfare of other citizens, and WHEREAS, the only manner such expenditures may be undertaken that honors the work of the taxpayers is one in which the criminal element and deliberately self-destructive, such as “recreational” drug users, are excluded from receiving such benefits, as it is unreasonable to expect the hardworking taxpayers to subsidize such activity, and WHEREAS, the Honorable George D. Maziarz, Senator for the 62nd District and Vice President Pro Tem of the Senate, did propose legislation, titled “An Act to Amend the Social Services Law, in Relation to People Receiving Public Assistance,” and assigned the bill number S.l74, which prescribes a regimen of drug testing for applicants and recipients of such benefits as identified in this resolution, and which is not punitive in its intent, but rather rehabilitative, and WHEREAS, member of the Assembly Clifford W. Crouch did submit in the Assembly a companion bill, numbered A.227, and WHEREAS, Senate Bill No. S.174 was referred to the New York State Senate’s Committee on Social Services on January 5,2011, and has not been acted upon by that Committee, and A.227 was referred to the New York State Assembly’s Committee on Social Services and held for consideration as of April 12,2011. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby urge the passage by committee and subsequent enactment by a floor vote of S.174, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby urge the discharge from committee and allowance of a floor vote on A.227 by the Assembly Majority, and namely by Member of ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 78 the Assembly Michele Titus, Chairwoman of said committee, the Honorable Sheldon Silver, Speaker, and the Honorable Ronald Canestrari, Majority Leader, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby call upon the entire Western New York delegation to the New York State Legislature to vote in the affirmative for bills S.174 and A.227, and for those members of the Western New York delegation in their respective houses’ Majorities to take such measures as they may in their privileged positions as members of the Majority to force discharge of said bills from committee and allow for a direct “up or down” vote on the floor, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby urge the Honorable Andrew M. Cuomo, Governor, to, absent legislative instruction, devise, through executive order, a regimen of drug tests for social welfare recipients to ensure that the taxpayers are not subsidizing such activities through social welfare programs, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall forward copies of this Resolution to Governor Andrew M. Cuomo, Senate Vice President Pro Tern George D. Maziarz; Senator Mark J. Gristanti; Senate Temporary President Dean G. Skelos; Senate Deputy Majority Leader Thomas W. Libous; Senate Social Services Committee Chairman Patrick M. Gallivan; Member of the Assembly Jane L. Corwin; Member of the Assembly John D. Ceretto; Member of the Assembly Jim Hayes; Member of the Assembly Stephen Hawley; Member of the Assembly Robin Schimminger; Speaker of the Assembly Sheldon Silver; Assembly Majority Leader Ronald J. Canestrari; Assembly Minority Leader Brian M. Kolb; Assembly Social Services Committee Chairman Richard Gottfried; Assembly Social Services Committee Ranking Minority Member Andy Goodell; Member of the Assembly Clifford Crouch, and all others deemed necessary and proper. RESOLUTION NO. 201 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE ADVERTISING FOR BIDS TO PAINT THE COURTHOUSE CUPOLA – BUILDINGS AND GROUNDS WHEREAS, the Cupola at the Courthouse is in need of painting, and WHEREAS, it is necessary to advertise for bids, and NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to advertise for bids to paint the Cupola at the Courthouse Complex, 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. 202 Motion by Larison, Second by Yuhasz. RE: AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100 % OF THE FEDERAL AID AND STATE “MARCHISELLI” PROGRAM ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL AID PROJECT, AND APPROPRIATING FUNDS THEREFORE - HIGHWAY WHEREAS, a Project for the Bridge Replacement on CR 4 over Sawmill Creek in the Town of Hector, Schuyler County, P.I.N. 6754.10 (“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 Bridge Replacement on CR4 over Sawmill Creek in the Town of Hector, Schuyler County. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature, duly convened does hereby resolve that the Schuyler County Legislature hereby approves the above-subject project, and BE IT FURTHER RESOLVED, that the Schuyler Legislature hereby authorizes the County of Schuyler to pay in the first instance 100% of the federal and non-federal share of the cost of Design and Right of Way Incidental work for the Project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of $202,000 is hereby appropriated from 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 Schuyler County Legislature shall convene as soon as ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 79 possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County Legislature be and is hereby authorized to execute all necessary agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Schuyler with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. Vote 8-0. RESOLUTION NO. 203 Motion by Larison, Second by Yuhasz. RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING WHEREAS, various departments have items to be declared surplus or junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the following assets surplus or junk, and BE IT FURTHER RESOLVED, that the following items are to be bid out, placed in storage for an auction or disposed of. JUNK Asset # Description Department 5803 One way Plow (CE03018-2) Highway 0378 Drive Post Mod 527C- Danuser (3370) Highway 1017 Maytag Washing Machine (used) Sheriff 6692 DELL OPTIPLEX 760 Computer (8DPZV71) County Attorney n/a DELL OPTIPLEX 760 Computer (H1RYC81) County Attorney SURPLUS Asset # Description Department 3871 Vehicle Surveillance Camera EW05222 Sheriff 3872 Vehicle Surveillance Camera EW05223 Sheriff Vote 8-0. RESOLUTION NO. 204 Motion by Larison, Second by Gifford. RE: STANDARD WORK DAY AND REPORTING RESOLUTION FOR THE YEAR 2011 WHEREAS, the New York State and Local Employees’ Retirement System established §315.4, a new regulation on retirement reporting for elected and appointed officials which became effective August 12, 2009, and WHEREAS, the new regulation adds additional requirements for both employers and elected and appointed officials, including an expanded record of work activities, a more detailed resolution and specific time frames within which requirements must be completed. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby establishes the following below as standard work days for certain elected and appointed officials and will report the following days worked to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the Clerk of the Legislature, and BE IT FURTHER RESOLVED, that the below list reflects only those elected and appointed officials with term of office commencing after August 12, 2009, as stipulated in the new regulation, and BE IT FURTHER RESOLVED, that elected and appointed officials who are not members of the State Retirement System are not subject to the provisions of this law, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be forwarded to the New York State Comptroller. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 80 TITLE NAME STANDARD WORKDAY (HRS/DAY) TERM BEINGS/ENDS PARTICIPATES IN EMPLOYER’S TIME KEEPING SYSTEM (Y/N) DAYS/MONTH (BASED ON RECORD OF ACTIVITIES) Elected Officials Legislator District II Thomas M. Gifford 7 01/01/2011 – 12/31/2014 N 4.93 Appointed Officials County Administrator Timothy M. O’Hearn 7 01/01/2011 – 12/31/2014 Y N/A Deputy Commissioner Board of Elections Cindy L. Cady 7 01/01/2011 – 12/31/2012 Y N/A Deputy Commissioner Board of Elections Carolyn C. Elkins 7 01/01/2011 – 12/31/2012 Y N/A Vote 7-1. No; Halpin. RESOLUTION NO. 205 Motion by Larison, Second by Gifford. RE: AUTHORIZE AMENDING RESOLUTION NO. 188-11 TITLED “AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW” WHEREAS, the figures for distribution for the period October 1, 2010 through March 31, 2011, in Resolution No. 188-11 were incorrect and therefore need to be amended. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 188-11 be amended to have the Exhibit be replaced with the new Exhibit below. EXHIBIT MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES OCTOBER 1, 2010 THROUGH MARCH 31, 2011 TOWNS Amount Due VILLAGES Amount Due Catharine $5,730.96 Burdett $744.72 Cayuta $2,219.82 Montour Falls $2,298.93 Dix $16,115.08 Odessa $834.20 Hector $40,543.68 Watkins Glen $5,865.43 Montour $6,185.31 Orange $9,011.64 Reading $10,107.58 Tyrone $18,669.74 TOTALS $108,583.81 $9,743.28 APPROVED BY COMMITTEE: Thomas M. Gifford, Chairman Michael A. Yuhasz Stewart F. Field, Jr. Philip C. Barnes Vote 8-0. RESOLUTION NO. 206 Motion by Larison, Second by Gifford. RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE NEW YORK STATE ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 81 DEPARTMENT OF TAXATION & FINANCE FOR ELECTRONIC TRANSMISSION OF REAL PROPERTY DATA – REAL PROPERTY TAX WHEREAS, the County has been routinely providing electronic real property transfer reports (RP-5217) to the Department of Taxation & Finance’s Office of Real Property Tax Services, and WHEREAS, the State pays the County $0.50 for each RP-5217 received via the internet, and WHEREAS, the State now requires a Memorandum of Understanding governing this arrangement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an ongoing Memorandum of Understanding with the Department of Taxation & Finance governing the electronic transmission of real property data; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 207 Motion by Larison, Second by Halpin. 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 $17,105.25 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 $17,105.25 to the Town of Hector for road maintenance in the Hector Land Use Area. Vote 8-0. RESOLTION NO. 208 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH JUDGE J. BRUCE CREW – COUNTY ADMINISTRATOR WHEREAS, special counsel is needed for Board of Election matters, and WHEREAS, external resources are required. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Judge J. Bruce Crew, 32 Bridgeman Rd. Elmira, NY 14901 at the rate of $150.00 per hour for special counsel on behalf of the Board of Elections Office for the term June 17, 2011 through July 29, 2011, funding available in the 2011 Board of Elections budget account no. 1450.400-Contractual Expense; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 209 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH GARY V. FERGUSON – COUNTY ADMINISTRATOR WHEREAS, special counsel is needed for Board of Election matters, and WHEREAS, external resources are required. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Gary V. Ferguson, 35 Stoney Brook Rd. Horseheads, NY 14845 at the rate of $50.00 per hour for special counsel on behalf of the Board of Elections Office for the term June 17, 2011 through July 29, 2011, funding available in the 2011 Board of Elections budget account no. 1450.400-Contractual Expense; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 210 Motion by Larison. Second by Halpin. RE: AUTHORIZE APPOINTMENT TO FILL UNEXPIRED TERM ON THE SCHUYLER COUNTY PLANNING COMMISSION WHEREAS, Miranda Polmanteer is no longer with the Chamber of Commerce, and WHEREAS, a new Director of Tourism has been selected. NOW, THEREFORE BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individual to the below board, for the term July 11, 2011 through December 31, 2011, to wit: PLANNING COMMISSION Nikita Hariston, Tourism Representative ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 82 Vote 8-0. RESOLUTION NO. 211 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH JILL WICKER TO TRAIN THE NEW SECRETARY I IN SERVICES – SOCIAL SERVICES WHEREAS, the Department has a vacant Secretary I position in Services (made up of the Deputy Commissioner and Adult Services and Children’s Services units) that will be filled July 18, 2011, and WHEREAS, the Secretary I is the sole clerical support person for the 15 workers in Services and is responsible for a multitude of tasks, some of which are very detailed, and WHEREAS, the Services unit will have two Caseworker vacancies in July, and also, the Supervising Caseworker in Children’s Services is retiring next month and will be out of the office for the month of July prior to her retirement effective date, and WHEREAS, due to the current personnel turbulence in Services (lack of staff and also some staff changes due to promotions), there will not be a sufficient number of current workers to train the Secretary I on her various responsibilities, and WHEREAS, the contract will be for up to 140 hours of training at $14.21 an hour ($1,989.40), starting July 18, 2011 and ending no later than August 31, 2011, although it is anticipated the total cost will be under $1,600.00, and WHEREAS, local share will be approximately 40% of the total cost, somewhere between $640 and $800, depending on the number of hours actually used, and WHEREAS, due to vacancies, there are unspent funds in the Department’s Personnel Services account no. 6010.100-Personnel, to fund this contract, and WHEREAS, Jill Wicker, who was the Services unit’s Secretary I for over 35 years until her retirement last year, is willing to train the new Secretary I as an independent contractor, not eligible for any County benefits. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract with Jill Wicker for the Department of Social Services for the term July 18, 2011 and ending on or before August 31, 2011 to train the new Services unit’s Secretary I, for up to 140 hours of training at $14.21 an hour, total contract cost not to exceed $2,000.00, funds available in the Department’s 2011 budget account no. 6010.100, subject to approval of the Schuyler County Attorney. Vote 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Gifford reported that there will be a meeting with the Auditors and the Treasurer this Wednesday, July 13, 2011 to review the 2010 audit prior to bringing it to the full Legislature. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn had nothing new to report from the Legislative Resolution Review Committee Meeting. In regards to the Public Defender position vacancy, the Public Safety/Criminal Justice Committee will be forming an Ad-hoc Committee to meet and review the applicants and discuss filling the vacancy. A meeting as earlier as this week might be in order. PUBLIC PARTICIPATION: None. The Meeting adjourned at 6:43 p.m. Stacy B. Husted, Clerk SPECIAL MEETING JULY 18, 2011 The July 18, 2011 Special Meeting of the Schuyler County Legislature was called to order at 9:00 a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. All Legislators were present except Legislator Field, who was excused and Legislator Yuhasz, who was absent. County Administrator Timothy O’Hearn and Acting County Attorney Dennis Morris were also ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 83 present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 212 Motion by Larison, Second by Halpin. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Deputy Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. APPOINTMENT AND SET SALARY FOR THE PUBLIC DEFENDER Vote 6-0. RESOLUTION NO. 213 Motion by Barnes, Second by Halpin. RE: APPOINTMENT AND SET SALARY FOR THE PUBLIC DEFENDER WHEREAS, the position of Public Defender is vacant. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoint Attorney Wesley A. Roe as Schuyler County Public Defender effective July 18, 2011 through December 31, 2011 at an annual salary of $80,000.00. DISCUSSION: Chairman Fagan asked County Administrator O’Hearn to provide some input on the candidate. Administrator O’Hearn advised that the Ad Hoc Committee of the Legislature met to interview one candidate, Assistant Public Defender, Wesley Roe. The group’s consensus for the purpose of continuity, ease of transition, and qualifications, was to promote the Assistant Public Defender to the Public Defender position upon his recommendation. The next step will be for the committee to reconvene and review the applicants for the Assistant Public Defender position that is now vacant. There is a gap in the office and the work load justifies this position. During the interview, staffing issues were discussed. Staffing is not adequate to handle the case loads. He recommends that they act on this now and then move forward with the Assistant Public Defender position as well. Legislator Larison asked how many applicants there were. Administrator O’Hearn said there were a total of five. These applicants are interested in the Assistant position. Wesley Roe has also received a number of calls. He will ask Wes to screen these applicants and bring back to committee the top three or four candidates for interviewing. The committee will have a good pool of candidates to choose from. Vote 6-0. The Meeting adjourned at 9:09 a.m. Jamee L. Mack, Deputy Clerk SPECIAL MEETING AUGUST 3, 2011 The August 3, 2011 Special Meeting of the Schuyler County Legislature was called to order at 9:00 a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Barnes and followed by a Moment of Silence. All Legislators were present. County Administrator Timothy O’Hearn and Acting County Attorney Dennis Morris were also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 214 Motion by Larison, Second by Gifford. 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 GRANT APPLICATION TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR A NEW YORK STATE CLEAN AIR GRANT 2. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR ASSISTANT PUBLIC DEFENDER Vote 8-0. RESOLUTION NO. 215 Motion by Larison, Second by Barnes. RE: AUTHORIZE GRANT APPLICATION TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR A NEW YORK STATE CLEAN AIR GRANT ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 84 WHEREAS, the Department of Environmental Conservation is soliciting grant applications for the New York State Clean Air Grant Program from municipalities, and WHEREAS, this Resolution authorizes the signing of a grant application and upon approval of said request to enter into and execute a state assistance contract in connection with the New York State Clean Air Grant Program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is hereby authorized and directed to file an application for funds from the New York State Clean Air Grant Program of the New York State Department of Environmental Conservation, in an amount not to exceed $4,945, and upon approval of said request to enter into and execute a state assistance contract with the Department of Environmental Conservation for such financial assistance to Schuyler County for the Backyard Burning Project; subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 216 Motion by Larison, Second by Barnes. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR ASSISTANT PUBLIC DEFENDER WHEREAS, the current Assistant Public Defender, Wesley A. Roe was promoted to Public Defender effective July 18, 2011, leaving the Assistant position vacant. BE IT RESOLVED, that this Legislature acknowledge the appointment by Wesley A. Roe, Esq., Public Defender, of Matthew P. Hughson, Esq., as Assistant Public Defender to work thirty hours per week at an annual salary of $40,000, effective August 1, 2011. Vote 8-0. PUBLIC PARTICIPATION: None. The Meeting Adjourned at 9:03 A.M. Stacy B. Husted, Clerk REGULAR MEETING AUGUST 8, 2011 The August 8, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present. County Administrator Timothy O’Hearn and Acting County Attorney Dennis Morris were also present. PUBLIC PARTICIPATION: Mr. Mark Rondinaro explained that he is running for Legislator in District 1. He said he is shocked and deeply concerned about the 2010 audit mentioned in the newspaper article. This has been an ongoing problem and asked why the audit report is not available on the web site and hasn’t been for years. He has filed a Freedon of Information Law (FOIL) request and will post it on his own web site. He feels there should be an open information policy in place. No one should have to file a FOIL request for public information. He also feel this type of thing needs to be discussed ongoing, rather than once a year. He said this will be posted at his web site, RondinaroforSchuyler. Chairman Fagan asked County Administrator O’Hearn to post them on line. Administrator O’Hearn stated he will do so, provided no one disagrees. No one disagreed and they will be posted online from now on. 6:45 P.M. PUBLIC HEARING ON THE ANNUAL AGRICULTURAL DISTRICT #1 ENROLLMENT FOR 2011: Mr. Benjamin Dickens was present on behalf of the Agriculture and Farmland Protection Board. He explained that the Agricultural District #1 makes up the largest portion in the Town of Hector. Four of the largest dairy farms in activity are located there. Land that was available for sale is listed at $4,000.00 per acre and used to be listed for $1,700.00 an acre. This land has the highest turnover. Public Hearing closed at 6:48 p.m. RESOLUTION NO. 217 Motion by Karius, Second by Yuhasz. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 85 RE: APPROVE THE MINUTES OF THE JULY 11, 2011 REGULAR MEETING AND THE JULY 18, 2011 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the July 11, 2011 Regular Meeting and the July 18, 2011 Special Meeting of the Schuyler County Legislature be approved. Vote 8-0. RESOLUTION NO. 218 Motion by Yuhasz, Second by Halpin. RE: AUTHORIZE STOP DWI PLAN FOR 2012 – 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 reimbursed 100% by the State of New York. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby adopts and approves the 2012 STOP DWI Program Plan, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign said Plan subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 219 Motion by Yuhasz, Second by Halpin. RE: ACCEPT PROPOSAL FROM MXI ENVIRONMENTAL SERVICES FOR THE SEPTEMBER 24, 2011 HOUSEHOLD HAZARDOUS WASTE DAY WHEREAS, the Planning Office of Cooperative Extension has issued a Request for Proposals for a Household Hazardous Waste Collection Day, and WHEREAS, three proposals were received, and WHEREAS, MXI Environmental Services has been in business since 1960’s and has been servicing Household Hazardous Waste Days since 1990 and has worked in New York since 2007, and WHEREAS, MXI Environmental Services meets all background, technical and budget requirements as outlined in the RFP document, and WHEREAS, MXI Environmental Services provided price schedule allows for improved budget control during the registration process, guaranteeing we will not go over budget. NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Planning Office of Cornell Cooperative Extension, that the Schuyler County Legislature hereby accepts the proposal from MXI Environmental Services, in an amount not to exceed $7,500 for a Household Hazardous Waste Collection Day to be held September 24, 2011, at the Schuyler Shared Services Building, and BE IT FURTHER RESOLVED, that the other two proposals be rejected, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to execute any and all documents necessary to carry out the above-referenced proposal acceptance, funding available in grant funds; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 220 Motion by Yuhasz, Second by Halpin. RE: ACCEPT THE PROPOSAL FROM REACT FOR THE SEPTEMBER 24, 2011 USED ELECTRONICS RECYCLING DAY WHEREAS, the Planning Office of Cornell Cooperative Extension has issued a Request for Proposals for a Used Electronics Recycling Day, and WHEREAS, three proposals were received, and WHEREAS, REACT has been in business since 2005 and has substantial expertise in the collection, transportation, dismantling, salvage, sale, reuse, and recycling of computer and electronic material, and WHEREAS, REACT has successfully serviced Schuyler County collection events in the past in a professional manner, providing required reporting on time, and WHEREAS, REACT will shred data devices at no cost, and WHEREAS, REACT will pay the County $.060/ pound of computers collected. NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Planning Office of Cornell Cooperative Extension, that the Schuyler County Legislature hereby accepts the proposal from REACT, in which the per pound payment for electronics will cover the fees charged for data destruction services, for an Electronics Recycling Day to be held September 24, 2011, at the Schuyler Shared Services Building, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 86 BE IT FURTHER RESOLVED, all other proposals shall be rejected, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to execute any and all documents necessary to carry out the above referenced proposal acceptance; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 221 Motion by Halpin, Second by Gifford. RE: AGREEMENT WITH COMFORT KEEPERS FOR PC1 AND SUPERVISION (RESPITE) SERVICES UNDER EISEP AND TITLE IIIE CAREGIVER PROGRAMS – OFFICE FOR THE AGING WHEREAS, the Expanded In-Home Services for the Elderly Program (EISEP) and the IIIE Caregiver programs include aide service for personal care level I and supervision (respite) services, and WHEREAS, the Comfort Keepers agency can provide aides for said services, and WHEREAS, the current agreement with Stafkings, Inc. does not provide sufficient coverage to meet all needs for aide coverage as evidenced by the existing waiting list, and WHEREAS, the 2011-2012 EISEP and 2011 IIIE budgets include funds for such services in line item 6772.0490. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with the Comfort Keepers agency to provide the necessary aide service at a rate not to exceed $20.00 per hour for the term of August 15, 2011 through December 31, 2011, said contract subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 222 Motion by Halpin, Second by Gifford. RE: AUTHORIZE TWO ADDITIONAL POSITIONS FOR ON-CALL MEAL DELIVERERS - OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging has a full-time Meal Deliverer position, three part-time positions and two on-call positions, and WHEREAS, the full-time Meal Deliverer also spends a percentage of work time in the kitchen assisting with meal prep duties, cleaning and additional work where needed, and WHEREAS, due to medical leaves, vacation and other use of benefit time, there is a need to have additional on-call positions to cover home delivered meals and meal deliveries to the meal sites during absences. NOW, THEREFORE, BE IT RESOLVED, that the Office for the Aging Director is hereby authorized to create and fill two on-call Meal Deliverer positions at an hourly rate of $11.27 for each on-call Meal Deliverer, to be placed in Grade 1, as set forth in the Administrative Union Contract. Vote 8-0. RESOLUTION NO. 223 Motion by Halpin, Second by Gifford. RE: ESTABLISH 2011 - 2012 ANNUAL IMMUNIZATION GRANT - PUBLIC HEALTH WHEREAS, Schuyler County’s Annual Immunization Grant will be $30,000 for the period April 1, 2011 through March 31, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2011 - 2012 Immunization Grant Budget. BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 224 Motion by Halpin, Second by Field. RE: ESTABLISH 2011 - 2012 LEAD GRANT - PUBLIC HEALTH WHEREAS, Schuyler County’s 2011 – 2012 Lead grant will be $29,659 for the period October 1, 2011 through September 30, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2011 - 2012 Lead Grant Budget. BE IT FURTHER RESOLVED, that the Chair 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. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 87 Vote 8-0. RESOLUTION NO. 225 Motion by Halpin, Second by Field. RE: AUTHORIZE TRANSFER OF FUNDS FOR BUILDING REPAIRS – COMMUNITY SERVICES WHEREAS, Resolution No. 482-98 established a Community Services Board reserve account to cover expenses related to major repairs and projects at the Mill Creek Center building, and WHEREAS, replacement of smoke detectors at Mill Creek Center is required for compliance with the Department of Health regulations, and WHEREAS, the cost of this replacement is $1,957.50, and WHEREAS, the bill for this replacement should be paid from the Community Services Board Building Repairs Account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $1,957.50 from the Community Services Board Reserve Account to account no. 4310.427 – Building Repairs, to replace smoke detectors at the Mill Creek Building. Vote 8-0. RESOLTUION NO. 226 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT WITH LINN AFTUCK, OT, FOR PRESCHOOL SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Preschool services for children, and, WHEREAS, Linn Aftuck is approved as a provider for Preschool services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a Contract with Linn Aftuck, OT for Preschool services, effective August 1, 2011 through June 30, 2012, at the rate of $65 per half-hour session, to be renewed annually, funds available in the Public Health budget, account no. 2960.0400, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 227 Motion by Larison, Second by Barnes. RE: DESIGNATE THE HUMAN SERVICES COMMITTEE AS THE CORPORATE COMPLIANCE SUBCOMMITTEE – HEALTH SERVICES WHEREAS, under 18 New York State Codes Rules and Regulations (52) all Medicaid providers are required to have a compliance program, and WHEREAS, New York State Social Services Law Section 363-3 requires that all compliance programs contain eight elements set out in this section, and WHEREAS, one of the elements requires a standing agenda item for the governing board’s meetings (Schuyler County Legislature) or appropriate committee of the board. NOW, THEREFORE, BE IT RESOLVED, that the Human Services Committee be designated to be the Corporate Compliance Subcommittee to review regular compliance reports from Schuyler County Health Services. Vote 8-0. RESOLUTION NO. 228 Motion by Larison, Second by Barnes. RE: AUTHORIZE ADVERTISING FOR BIDS FOR SENECA HARBOR PARK – UPGRADES TO EXISTING FACILITIES – BUILDINGS AND GROUNDS WHEREAS, Resolution 48-07 authorized a contract with New York State Office of Parks, Recreation and Historic Preservation to develop the Northern end of the Catharine Valley Trail, and WHEREAS, Resolution 154-10 authorized the scope of work changed from Development of Trail to Trailhead Improvements, and WHEREAS, the project design is complete, it is now necessary to advertise for bids for construction. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to advertise for bids to Upgrade Existing Facilities the Seneca Harbor Park, and BE IT FURTHER RESOLVED, that bids are to be marked “Sealed Bid” and received by the Clerk of the Legislature at the County Office Building, 105 Ninth Street, Unit 6, Watkins Glen, New York 14891 no later than 10:00 a.m. on Friday, August 26, 2011. The bids will be opened that same day in the Legislative Office at 10:15 a.m., at which time recommendations for Legislative action will be made; acceptance or rejection of bids will be ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 88 done at the September 12, 2011 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids. Vote 8-0. RESOLUTION NO. 229 Motion by Larison, Second by Barnes. RE: AUTHORIZE CONTRACTS FOR COURTHOUSE COMPLEX AND MILL CREEK COMPLEX PARKING LOT RESTORATION AND HUMAN SERVICES COMPLEX PARKING LOT REPAVING – BUILDINGS AND GROUNDS WHEREAS, the Courthouse Complex and Mill Creek Complex Parking Lots are in need of minor repairs and sealing, to extend the life of the lots, and WHEREAS, the Human Services Complex Front Parking Lot is in need of milling and repaving, and WHEREAS, the Building maintenance Supervisor has accepted the New York State Office of Government Services pricing for the following estimated costs from Suit-Kote: Mill Creek Center: $ 10,800 Courthouse Complex: $ 25,265 Total $ 36,065, and WHEREAS, the Building Maintenance Supervisor has accepted the New York State Office of Government Services pricing for the following estimated cost from A.L. Blades: Human Services Complex $265,000, and WHEREAS, milling is not included in New York State Office of Government Services pricing and will be quoted. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with Suit-Kote for the estimated cost of $36,065 for minor repairs and sealing of the Courthouse Complex and Mill Creek Complex parking lot and with A.L. Blades for the estimated cost of $265,000 for repaving of the Human Services Complex, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that funding is available in the Facilities and Grounds Capital Reserve account 004.1620.0209. Vote 8-0. RESOLUTION NO. 230 Motion by Barnes, Second by Gifford. 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, 2013, there is hereby imposed and there shall be paid an additional tax of one percent upon: 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, 2013, 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, ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 89 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, 2013, the tax shall be at the rate of four percent, and on and after December 1, 2013, 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, 2013, the tax shall be at the rate of four percent, and on and after December 1, 2013, 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, 2013, the tax shall be at the rate of four percent, and on and after December 1, 2013, 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 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 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 90 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, 2013, the tax shall be at the rate of four percent, and on and after December 1, 2013, 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, 2013, the tax shall be at the rate of four percent, and on and after December 1, 2013, 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, 2013, the tax shall be at the rate of four percent, and on and after December 1, 2013, 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, 2013, the tax shall be at the rate of four percent, and on and after December 1, 2013, 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, 2013. 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: With respect to the additional tax of one percent imposed for the period beginning March 1, 2000, and ending November 30, 2013, 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, 2013, are set aside for County purposes and shall be available for any County purpose. SECTION 7. This enactment shall take effect December 1, 2011. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 91 Vote 8-0. RESOLUTION NO. 231 Motion by Barnes, Second by Gifford. RE: LOCAL LAW INTRO. NO. 3 OF THE YEAR 2011 WAIVING THE RESIDENCY REQUIREMENTPER THE PUBLIC OFFICERS LAW FOR THE PUBLIC DEFENDER POSITION COUNTY OF SCHUYLER WHEREAS, Public Officers Law requires that the Public Defender be a County resident, and WHEREAS, The Schuyler County Public Defender has resigned, and WHEREAS, for the ease in transition, office continuity and the qualification the Schuyler County Legislature has appointed/promoted the Assistant Public Defender to this position. NOW, THEREFORE, BE IT RESOLVED that Local Law Intro No. 3 of the year 2011 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 September 12, 2011 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 3 OF THE YEAR 2011 A Local Law waiving the residency requirement per Public Officers Law for the Public Defender position in the County of Schuyler. Be it enacted by the Legislature of the County of Schuyler as follows: SECTION 1. LEGISLATIVE INTENT It is the intent of the within Local Law to modify the qualifications to hold the Office of Public Defender, by dispensing with the requirement that they reside in the County of Schuyler. SECTION 2. QUALIFICATIONS OF OFFICE In the County of Schuyler, no provision of law, New York State or otherwise, requiring a person to be a resident of the political subdivision or municipal corporation of the State for which he/she shall be chosen or within which his/her official functions are required to be exercised, shall prevent a person from holding the office of Public Defender County of Schuyler provided that person resides in the County of Schuyler or a contiguous county. SECTION 3. EFFECTIVE DATE This Local Law shall become effective immediately upon passage. Vote 8-0. RESOLUTION NO. 232 Motion by Barnes. Second by Gifford. RE: AUTHORIZE CONTRACT WITH GLEN ABSTRACT CORPORATION FOR ABSTRACT SERVICES FOR FORECLOSURE PROCEEDINGS-TREASURER’S OFFICE WHEREAS, Requests for Proposals (RFP) have been received relative to Article 11 of the Real Property Tax Law, and WHEREAS, Glen Abstract Corporation has submitted the most cost effective proposal at $47.50 per parcel. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Glen Abstract Corporation for Abstracting Services effective August 15, 2011 through August 15, 2012, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 233 Motion by Gifford, Second by Larison. 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. 234 Motion by Larison, Second by Barnes. RE: ACCEPT/REJECT BIDS FOR PAINTING THE COURTHOUSE CUPOLA – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 201-11 authorized the Building Maintenance Supervisor to provide bid documents and go out to bid for Painting of the Courthouse Cupola, and WHEREAS, said bid was opened August 2, 2011 at the Legislative Chambers, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 92 WHEREAS, the Building Maintenance Supervisor recommends acceptance of the bid from John H. Cook, Jr., Painting Contractor, Inc., 510 Baldwin Street, Elmira, NY 14901 NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisors recommendation to accept the bid in the amount of $48,840 from John H. Cook, Jr., Painting Contractor, Inc., 510 Baldwin Street, Elmira, NY 14901, and BE IT FURTHER RESOLVED, that the bid from Crest Painting & Historic Restoration be rejected. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with John H. Cook, Jr., Painting Contractor, Inc., 510 Baldwin Street, Elmira, NY 14901 at a total cost of $48,840 with funding available in Buildings and Grounds Capital Account no. 004.1620.0209; subject to approval of the Schuyler County Attorney. DISCUSSION: Chairman Fagan advised the Legislature that Mickey Kastenhuber, Building Maintenance Supervisor, had estimated this project to cost $50,000.00. This is below the estimate. Vote 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison reported that the transit system is working well with the new routes and the ridership is increasing. This is good news. Legislator Barnes reported that he attended the Alternative to Incarceration Meeting today in the Probation Department and to date the Probation Department has saved $253,000.00 that would have gone to our Sheriff’s Department for housing inmates and $616,000.00 to the State which would have been used for housing State inmates. The Probation Department officers are visiting homes and catching people with drug levels and weapons. It is admirable what that Department is doing. We don’t hear about things like this. He feels that all public safety agencies are working well together. Chairman Fagan reported that he received correspondence on July 29, 2011 from Tom Santulli, County Executive for Chemung County, relative to the Susquehanna River Basin and Watershed. Mr. Santulli would like Counties to protect the Total Maximum Daily Load (TMDL) in New York State. It appears that it could cost the Counties $2 to $4 billion to comply with the Environmental Protection Acts (EPA) regulations. It is quite a dispute on how the TMDL allocation was made. New York State has done a significant job in terms of pollution run off control with farms. If the other five States in this watershed had the waste water quality that New York State has, this bay would not be polluted. Tom Santulli would like all Counties to file a lawsuit. In his County alone, it will cost them $30 Million in treatment plan upgrades and $2 Million to comply with the EPA’s requirements. Both Senators Schumer and Gillibrand have written the EPA regarding the allocation as has Congressman Reed. There has been no action by the EPA to date. In this day and age, everyone realizes water quality should not be done on the shoulders of New York State. Legislator Larison stated that the New York State Association of Conservation Districts has invited the State to do legislation and Albany will not do so. The water is being tested in Towanda and it is cleaner than in the Susquehanna. Chairman Fagan said they have not received an awful lot of forceful reaction from New York State. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn handed out hard copies of the Tax Cap Webinar that New York State Association of Counties (NYSAC) presented two weeks ago. Chairman Fagan explained that he has designated O’Hearn as the Schuyler county representative for the Regional Council. O’Hearn reported that the membership has been asked to complete an on line survey. He passed around the results of the survey. There are obstacles and opportunities. The agricultural and tourism is the highest for our area. This is just a summary. Last week’s first meeting was to become acquainted. The last page is workgroup of subcommittees. They will be meeting quite regularly and the meetings will be between the Binghamton area and Cornell locations every other week. The workgroups will meet more frequently. The dates and time should be formalized by tomorrow. Legislator Halpin asked who received the survey. O’Hearn said those who are appointed to the council. That would be himself and Scott Welliver for this County. Administrator O’Hearn also expanded on the Transit System comments from Legislator Larison. He stated that August 16th marks the completion of the first year. It is the anniversary date and they will be ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 93 offering a buy one get one free day. They are experiencing success with the dial a ride program and will be expanding it. They will also be offering field trips for the remainder of the month. August 19, 26 and 29th the buses will be picking up riders from outlining areas and bringing them into the Villages of Watkins Glen and Montour Falls. These rides will be at no charge. PUBLIC PARTICIPATION: None. MOTION by Chairman Fagan, SECOND by Legislator Gifford to go into executive discussion to discuss property disposition/acquisition and employee work history. Motion carried eight ayes to zero noes. MOTION by Legislator Gifford, SECOND by Legislator Larison to come out of executive discussion. Motion carried eight ayes to zero noes. The Meeting adjourned at 7:06 P.M. Stacy B. Husted, Clerk REGULAR MEETING SEPTEMBER 12, 2011 The September12, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Gifford and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. County Administrator Timothy O’Hearn and Acting County Attorney Dennis Morris were also present. PUBLIC PARTICIPATION: There were a number of citizens present from the Gas Free Seneca group. David Crea, an engineer from US Salt, spoke first emphasizing the positives of the LPG Storage Facility. His letter is on file in the Legislative Office. Joseph Campbell, Town of Pulteney, New York, representing the Gas Free Seneca Group, spoke. He informed the Legislators that he has 4,000 signatures on a petition against the Inergy project. The petition is asking the Legislature to request that the New York State Department of Environmental Conservation (NYSDEC) to do a risk assessment performed by a third party prior to approving the application. He named two firms that do this type of service. He referred to some statistics. His hand written notes are on file in the Legislative Office. Deb Reed, from the Town of Hector, introduced Libby Foust from Bradford County. Libby explained how her family’s farm was one of the first wells drilled in their area. She read from a script explaining the downfalls from the gas drilling in their area and how it affected her family’s farm, surroundings and the general landscape in her community. She is in opposition of hydraulic fracturing. Joseph Campbell spoke again about the level of truck traffic and the impact on tourism this might have on the area. Have then talked about the risks versus the small benefits of the outcome. He is not against the gas facility, just concerned about the natural resources in the area. Bob Fitzsimmons, from the Town of Hector, said he had done some research on the topic being discussed. His concern is the large companies with real power, as they can do harm to our community. He made it very clear that wine and gas do not mix. He was very passionate about his feelings. Three additional people spoke out against the LPG Facility. Two from the Town of Hector, and one from the Town of Reading. They didn’t identify who they were. Sue Brill, spoke out regarding her dissatisfaction with the County’s position on two issues. One with the Board of Elections and the other with a situation in the Highway Department. 6:45 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 3 OF THE YEAR 2011 WAIVING THE RESIDENCY REQUIREMENT PER THE PUBLIC OFFICERS LAW FOR THE PUBLIC DEFENDER POSITION, COUNTY OF SCHUYLER: None. RESOLTUION NO. 235 Motion by Gifford, Second by Larison. RE: APPROVE THE MINUTES OF THE AUGUST 3, 2011 SPECIAL MEETING AND THE AUGUST 8, 2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the August 3, 2011 Special Meeting and the August 8, 2011 Regular Meeting of the Schuyler County Legislature be approved. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 94 Vote 7-0. RESOLUTION NO. 236 Motion by Barnes, Second by Gifford. RE: ADOPT UPDATED SCHUYLER COUNTY HAZARDOUS MATERIALS PLAN - SCHUYLER COUNTY EMERGENCY MANAGEMENT WHEREAS, the Hazardous Materials Plan for Schuyler County was initially approved in 1989, and WHEREAS, the plan has been significantly revised by the Emergency Management office, and WHEREAS, the purpose of the plan is to provide a management plan for a declared emergency involving the release of hazardous materials in Schuyler County, and WHEREAS, the plan has been approved by the New York State Office of Fire Prevention and Hazardous Materials Bureau in July, 2011. NOW, THEREFORE, BE IT RESOLVED, that effective immediately, the Schuyler County Legislature does hereby adopt the revised June, 2011 Hazardous Materials Plan, developed to comply with these regulations, Article 2B of the Executive Law of New York State, 29CFR 1910.120(q) and Superfund Amendment and Reauthorization Act of 1986 (SARA Title III). Vote 7-0. RESOLUTION NO. 237 Motion by Barnes, Second by Gifford. RE: ACCEPT AND ESTABLISH THE NEW YORK STATE OFFICE OF INDIGENT LEGAL SERVICES GRANT, T000032/RESCIND RESOLUTION NO. 170-11– PUBLIC DEFENDER WHEREAS, the Public Defender’s Office has received the New York State Office of Indigent Legal Service Grant, T000032, in the amount of $8,173, and WHEREAS, Resolution No. 170-11 originally authorized amending the 2011 budget for said funds that are now to be handled as grant funds, and WHEREAS, said grant will be for the period of June 1, 2011 to May 31, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby directed to establish the New York State Office of Indigent Legal Services Grant budget # T000032 accordingly in cooperation with the Public Defender’s Office, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the grant, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that Resolution No. 170-11 is no longer needed and therefore is hereby rescinded. Vote 7-0. RESOLUTION NO. 238 Motion by Barnes, Second by Gifford. RE: RESOLUTION TO MODIFY SCHUYLER COUNTY AGRICULTURAL DISTRICT #1 WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County holds an eight year review of each of the three Agricultural Districts within the County, and WHEREAS, Schuyler County Agricultural District #1 was certified on October 1995 and has been under review for a second time in 2011 by the Schuyler County Agriculture and Farmland Protection Board, and WHEREAS, two initial public hearings were duly noticed for March 24, 2011 and March 30, 2011, and WHEREAS, a review of the current district boundaries, inquiry to landowners, and public feedback resulted in a proposed modification of District #1 through the addition of 342.28 acres and removal of 648.16 acres, and WHEREAS, in compliance with New York State Environmental Quality Review laws, Schuyler County must review the potential environmental impacts of the modification of District #1 and upon doing so the Legislature found that there were no significant negative environmental impacts on June 13, 2011, and WHEREAS, Schuyler County has held a final public hearing on the proposed modification of Schuyler County Agriculture District #3 on August 8, 2011. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby accept the proposed modification of Schuyler County Agricultural District and requests that said changes be certified by the Commissioner of the New York State Department of Agriculture and Markets. Vote 7-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 95 RESOLUTION NO. 239 Motion b Barnes, Second by Gifford. RE: AUTHORIZE THE CREATION AND FILLING OF A PUBLIC HEALTH SPECIALIST POSITION – PUBLIC HEALTH WHEREAS, recruitment for nurses remains unsuccessful, and WHEREAS, Public Health requires additional staff to meet obligations, and WHEREAS, opening up employment for a non nurse professional may be more successful, and WHEREAS, the Public Health is requesting to create this position, upon the approval of the County Administrator, and WHEREAS, funding for this position is included in the 2011 budget. NOW, THEREFORE, BE IT RESOLVED, that the Public Health Department is hereby authorized to create and fill the Public Health Specialist position at an hourly rate of $21.37, to be placed in Grade 11, in the Administrative Contract. Vote 7-0. RESOLUTION NO. 240 Motion by Halpin. Second by Karius. RE: RECOGNIZE OCTOBER 23 – 29, 2011 AS NATIONAL LEAD POISONING PREVENTION WEEK - PUBLIC HEALTH WHEREAS, there is a goal of eliminating childhood lead poisoning in the United States, and, WHEREAS, occurs every year during the last full week in October, and WHEREAS, during this week, CDC aims to raise awareness about lead poisoning; stress the importance of screening all children at ages one and two, all Children under age 6 at high risk and children who have never had a lead test; highlight partner’s efforts to prevent childhood lead poisoning; and urge Schuyler County Citizens to take steps to reduce lead exposure, and WHEREAS, a child's Primary Care Physician or what is now referred to as the Medical Home should test all one and two year olds' blood lead levels during routine Well Child Care, and WHEREAS, the Schuyler County Public Health Department provides education and case management for children identified with lead poisoning and coordinates with the local Primary Care Physicians and NYSDOH office in Hornell, to eliminate childhood lead poisoning in Schuyler County, and WHEREAS, childhood lead poisoning can cause lower IQs, growth problems, kidney damage, behavior problems, anemia and hearing loss in children. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes the week of October 23-29, 2011 as National Lead Poisoning Prevention Week and encourages all Schuyler County's one and two year olds be tested for lead poisoning. Vote 7-0. RESOLUTION NO. 241 Motion by Halpin, Second by Karius. RE: RECOGNIZE OCTOBER 2011 AS PERTUSSIS AWARENESS MONTH IN SCHUYLER COUNTY - PUBLIC HEALTH WHEREAS, Pertussis, also known as whooping cough, is a highly contagious respiratory disease and, WHEREAS, Pertussis is known for uncontrollable violent coughing, and may occur at any age and, WHEREAS, children who are too young to be fully vaccinated and those who have not completed the primary vaccination series are at highest risk for severe illness and, WHEREAS, the incidence of the disease is on the increase in adolescents and adults due to decreasing immunity in the populations and, WHEREAS, two recent deaths in New York State from Pertussis in young infants have occurred and traced back to health care workers exposures and, WHEREAS, the most effective way to protect the very youngest in Schuyler County is for all adults, especially young parents, grandparents, child care and health care workers be immunized against Pertussis and , WHEREAS, Schuyler County Public Health and Schuyler Hospital together will be reaching out to the Schuyler County community about this issue during October 2011. NOW THEREFORE BE IT RESOLVED, that the Schuyler County Legislature recognize the month of October 2011 as Pertussis awareness month and encourage all Schuyler County adults; especially young parents, grandparents, child care, and health care providers be immunized against Pertussis. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 96 Vote 7-0. RESOLUTION NO. 242 Motion by Larison, Second by Halpin. RE: AUTHORIZE AN APPLICATION WITH MENTAL HEALTH ASSOCIATION NEW YORK STATE (MHANYS) FOR COMMUNITY SUICIDE PREVENTION GRANT – COMMUNITY SERVICES WHEREAS, suicide is tragic, permanent end to one's life, and WHEREAS, according to Suicide Awareness Voices of Education (SAVE) (2011), suicide takes the lives of about 30,000 Americans every year", and WHEREAS, a community support team can be made up of professionals who are skilled and trained and can assist with suicide crisis, and WHEREAS, the Community Services Department wishes to apply for a Suicide Prevention Grant in the amount of $5,350 from MHANYS, and WHEREAS, said grant application requires no local share costs. NOW, THEREFORE, BE IT RESOLVED that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the said grant application with MHANYS for the Community Services Department for the Community Suicide Prevention Grant, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 243 Motion by Larison, Second by Halpin. RE: AUTHORIZE APPOINTMENT, SET SALARY AND INCREASE HOURS FOR THE DIRECTOR OF VETERANS SERVICE AGENCY WHEREAS, the current Director of Veterans Service Agency will retire as of September 30, 2011, and will leave the Director’s position vacant, and WHEREAS, it is the recommendation of the Human Services Committee that Joan E. Cole-Scott be hired to fill the vacant Director’s Position, and WHERAS, the hours for the Director’s Position will be increased from 20 hours a week to 25 hours a week. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the appointment of Joan E. Cole-Scott, as Director of Veterans Service Agency, effective October 1, 2011, to work 25 hours per week at an annual salary of $26,000. DISCUSSION: Legislator Barnes said he understands that the County Administrator is not recommending filling the vacancy this creates in the office. He said there have been quite a few responses of concerns with only one person being in the office with this appointment. He wanted to know about office coverage while the Director is on vacation or ill. He would be in support of adding the additional part time position in that office. Chairman Fagan stated that this is going to be a real tough budget year ahead of us. Our friends in Albany have not done us any favors with this tax cap we are facing. We really need to hear from the new Director before we add more man power to that office. She accepted the job with these stipulations. Vote 7-0. RESOLUTION NO. 244 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH FIDELIS CARE NEW YORK - SOCIAL SERVICES WHEREAS, the State of New York has contracted with Fidelis Care for Facilitated Enrollment for Medicaid Insurance Programs and has mandated that each Local Department of Social Services contract for this service, and WHEREAS, Fidelis Care will perform the initial processing of Medicaid applications obtaining required documentation and conducting necessary interviews, at no cost to the County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Fidelis Care New York for the Department of Social Services for medical insurance application assistance for the term July 2011 until terminated, at no cost to the Department of Social Services, subject to approval of the Schuyler County Attorney. Vote 7-0. WITHDRAWN ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 97 RE: ACCEPT/REJECT QUOTES FOR STRIPING THE HUMAN SERVICES COMPLEX, MILL CREEK CENTER AND COURTHOUSE COMPLEX PARKING LOTS – BUILDINGS AND GROUNDS - WITHDRAWN WHEREAS, Resolution No. 229-11 authorized a contract with A.L. Blades to repave the Human Services Complex parking lots and a contract with Suit-Kote to repair and seal the Courthouse Complex and Mill Creek Parking lots, and WHEREAS, the parking lots will need to be striped after paving. and WHEREAS, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisors recommendation to accept the quote at a total cost of $3,005 from Runrite Construction & Pavement Maintenance, 207 Speedway, Odessa, NY 14869, for striping the parking lots in the following amounts: Human Services Complex $1,745 Mill Creek Center $ 275 Courthouse Complex $ 985 Total $3,005, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Runrite Construction & Pavement Maintenance, 207 Speedway, Odessa, NY 14869, at a total cost of $3,005 with funding available in Buildings and Grounds Capital Account No. 004.1620.0209; subject to approval of the Schuyler County Attorney. RESOLUTION NO. 245 Motion by Larison, Second by Karius. RE: AUTHORIZE NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) TO UTILIZE COUNTY ROAD 12 AS DETOUR DURING PERIOD OF CONSTRUCTION OF STATE ROUTE 224 OVER CAYUTA CREEK BRIDGE – HIGHWAY DEPARTMENT WHEREAS, the NYSDOT proposed to reconstruct the State Route 224 over Cayuta Creek bridge in the Town of Cayuta, Schuyler County, NYSDOT Capital Project Identification Number 6017.20, and WHEREAS, in conformance with Section 42 of the New York State Highway Law, the NYSDOT proposes to utilize the following roads and streets as detours during the period of construction: Schuyler County Road 12, also known as Pony Hollow Road, between SR 224 and Tompkins/Schuyler County Line and Tompkins County Route 135, also known as Cayuta Road, between Tompkins/Schuyler County Line and SR13, and WHEREAS, the NYSDOT will provide traffic control devices and make improvements to the above mentioned roads and streets to make them adequate to handle additional detour traffic. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize the NYSDOT to utilize the above mentioned roads and streets in their jurisdiction as detours during the period of construction, and BE IT FURTHER RESOLVED, that the County of Schuyler will continue to provide routine maintenance on the above mentioned roads and streets in their jurisdiction, including snow and ice control, and BE IT FURTHER RESOLVED, that the County of Schuyler will own and maintain the permanent improvements made to the detour routes on the above mentioned roads and streets in their jurisdiction, and BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature is hereby directed to transmit five certified copies of this Resolution to the State Department of Transportation. Vote 7-0. RESOLUTION NO. 246 Motion by Larison, Second by Karius. RE: ACCEPT CONTRACT EXTENSION FOR MISCELLANEOUS STRUCTURAL MAINTENANCE AND RECONSTRUCTION ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY – 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 and conditions. The contract period shall be October 1, 2011 through September 30, 2012. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the bid extension from Silverline Construction, Inc., and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 98 BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said contract extension, subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 247 Motion by Larison, Second by Karius. RE: RESOLUTION TO DENY APPLICATION FOR REFUND AND CREDIT OF REAL PROPERTY TAXES IN THE TOWN OF HECTOR – REAL PROPERTY TAX WHEREAS, an application for refund and credit of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL) for parcel 56.00-1-46.2, owned by Gell in the Town of Hector, and WHEREAS, the property owner alleges that she should have been eligible for exemptions pursuant to RPTL Section 459-c and Section 305 of the Ag & Markets Law, but did not receive them on the 2009 tax roll, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and has found that proper application was apparently not made, and WHEREAS, it is the recommendation of the Director to deny the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby denied. Vote 7-0. RESOLUTION NO. 248 Motion by Larison, Second by Gifford. RE: AUTHORIZE AN INCREASE IN THE REASONABLE AND NECESSARY ALLOWANCE FOR MORTGAGE TAX “HIRE OF CLERKS” EXPENSES – COUNTY CLERK WHEREAS, pursuant to Section 261 and 262 of the Tax Law, subject to the approval by the Tax Commission, recording officers are entitled to receive all necessary expenses incurred for the purpose of administration of mortgage taxes, and WHEREAS, the necessary expenses have risen since the last approval for expenses was given in 2005 for the sum of $35,040 per annum. NOW, THEREFORE, BE IT RESOLVED, that the sum of $45,660 per annum be hereby determined as the necessary and reasonable allowance to be received by the Recording Officer of the County of Schuyler for the purpose of administering mortgage taxes, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature forward copies of this Resolution to the County Clerk and Treasurer and two certified copies to the County Clerk to be submitted to the State Tax Commission. Vote 7-0. RESOLUTION NO. 249 Motion by Larison, Second by Gifford. RE: AUTHORIZE AMENDMENT TO THE SCHUYLER COUNTY NON-UNION SICK LEAVE BANK POLICY – HUMAN RESOURCES WHEREAS, the Non-Union Sick Leave Bank Policy is in need of some adjustments and revisions, due to Family Medical Leave Act revisions and other matters, and WHEREAS, said policy has been reviewed by the membership and approved by the Management and Finance Committee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby amends the Non-Union Sick Leave Bank Policy on file in the Human Resources Office. Vote 7-0. RESOLUTION NO. 250 Motion by Larison, Second by Gifford. RE: AUTHORIZE SALE OF SURPLUS COUNTY PROPERTY TO THE TOWN OF ORANGE WHEREAS, Schuyler County holds title to Parcel 102.05-1-18.1, in the Town of Orange, and WHEREAS, this parcel is no longer needed by the County. NOW, THEREFORE, BE IT RESOLVED, that Parcel 102.05-1-18.1 be declared surplus in accordance with County Law Section 215, and BE IT FURTHER RESOLVED, that Parcel 102.05-1-18.1 be sold to the Town of Orange for the price of $100.00, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 99 BE IT FURTHER RESOLVED, that the Chairman of the Legislature and the County Attorney are hereby directed and authorized to take all steps necessary to complete the sale of said premises, to include the preparation and signature of all necessary conveyance documents, and BE IT FUTHER RESOLVED, that the Clerk of the Legislature shall prepare a certified copy of this Resolution for transmittal to the County Attorney’s Office and recording in the Schuyler County Clerk’s Office at closing. Vote 7-0. RESOLUTION NO. 251 Motion by Larison, Second by Gifford. RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 4 OF THE YEAR 2011 WAIVING THE RESIDENCY REQUIREMENT PER THE PUBLIC OFFICERS LAW FOR THE PUBLIC DEFENDER POSITION IN THE COUNTY OF SCHUYLER WHEREAS, Local Law Intro. No. 3/Local Law No. 4 of the Year 2011 waiving the residency requirement per Public Officers Law for the Public Defender position in the County of Schuyler was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held September 12, 2011 at 6:45 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 4 of the Year 2011, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law No. 4 of the Year 2011, together with the required text thereof in the official county newspaper. LOCAL LAW NO. 4 OF THE YEAR 2011 A Local Law waiving the residency requirement per Public Officers Law for the Public Defender position in the County of Schuyler. Be it enacted by the Legislature of the County of Schuyler as follows: SECTION 1. LEGISLATIVE INTENT It is the intent of the within Local Law to modify the qualifications to hold the Office of Public Defender, by dispensing with the requirement that they reside in the County of Schuyler. SECTION 2. QUALIFICATIONS OF OFFICE In the County of Schuyler, no provision of law, New York State or otherwise, requiring a person to be a resident of the political subdivision or municipal corporation of the State for which he/she shall be chosen or within which his/her official functions are required to be exercised, shall prevent a person from holding the office of Public Defender County of Schuyler provided that person resides in the County of Schuyler or a contiguous county. SECTION 3. EFFECTIVE DATE This Local Law shall become effective immediately upon passage. Vote 7-0. RESOLUTION NO. 252 Motion by Larison. Second by Halpin. RE: MOTION TO BRING ONE RESOLUTION TO THE FLOOR BE IT RESOLVED, that one Resolution be brought to the floor. Vote 7-0. RESOLUTION NO. 253 Motion by Larison, Second by Gifford. RE: AUTHORIZE AN APPLICATION TO THE FEDERAL TRANSIT ADMINISTRATION SECTION 5309 PROGRAM FOR SUBMISSION OF A PROJECT PROPOSAL IN ACCORDANCE WITH THE VETERANS TRANSPORTATION AND COMMUNTY LIVING INITIATIVE GRANT WHEREAS, this grant opportunity makes funds available to local governmental agencies to finance capital costs of implementing, expanding, or increasing access to local One-Call/One-Click Transportation Resource Centers with the goal of simplifying access to transportation for the public by connecting customers in one place to rides and transportation options provided in their locality by a variety of transportation providers and programs, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 100 WHEREAS, said grant funds, in an amount up to $117,000, are available to local governmental authorities as recipients and may contain proposals for projects to be implemented by sub recipients including private non-profit organizations at up to 80% of the project cost reimbursed with a 20% local match requirement, and WHEREAS, the Arc of Schuyler, a private non-profit organization, is willing to act as a sub recipient on this grant and will commit to provide the 20% local match through in-kind services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the said grant with the Federal Transit Administration for the Veterans Transportation and Community Living Initiative, subject to the approval of the Schuyler County Attorney. DISCUSSION: Legislator Halpin asked County Administrator O’Hearn what the specific cap cost are regarding this grant. Administrator O’Hearn explained that it is a 20 % local match of in kind services. This is to expand the resources of transportation for Veterans. This is the piece that did not get any funding in the first go around. Vote 7-0. MOTION by Legislator Gifford to go into executive session to discuss an employee’s work history , SECOND by Legislator Barnes. Motion carried seven ayes to zero noes. MOTION by legislator Larison to come out of Executive Session, SECOND by Legislator Field. Motion carried seven ayes to zero noes. RESOLUTION NO. 254 Motion by Gifford, Second by Field. RE: AUTHORIZE CONTRACT WITH COMMUNITY DISPUTE RESOLUTION CENTER (CDRC) TO PROVIDE PROFESSIONAL DEVELOPMENT COUNSELING SERVICES – BOARD OF ELECTIONS WHEREAS, professional development counseling services are needed for a Board of Elections matter, and WHEREAS, external resources are required. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Community Dispute Resolution Center (CDRC) at the rate of $150.00 per hour for said counseling, effective immediately through September 21, 2001, funding available in the 2011 Board of Elections budget account no. 1450.400-Contractual Expense; subject to approval of the Schuyler County Attorney. Vote 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison stated the Senator Schumer and Gillibrand are supporting legislation for relief from Hurricane Irene. He also reported that Soil & Water has been called on to help assess the damages. Schoharie County is in dire need of aide as they had a dam overflow there. He will be attending an upcoming meeting in Cooperstown to discuss the Total Maximum Daily Load regulations for New York State. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that the County has received the tentative approval from the State Department of Health for the sale of the Home Health Agency. He also reported that the Governor’s Task Force, that he has been appointed to, has been holding regular meetings. There is a regional forum next week at the Corning Community College campus at the academic building. This forum is designed to encourage the public to attend. Chairman Fagan reported that the sales tax numbers for the first reporting period exceeded both periods from last year, and also for what was budgeted for the month. Not taking the month of August into account, the numbers are 14.4% over projections. Given the situation with our budget, and the tax cap, it is critical that we have this revenue to help offset our property taxes. This next budget cycle we are faced with will be very difficult. We are looking at over $400,000 with pension increases. With the tax cap, there are huge cost factors that we are going to be dealing with. PUBLIC PARTICIPATION: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 101 Yvonne Taylor, from Burdett, NY, informed the Legislature that there are 125 local businesses on this coalition that oppose the LPG Storage Facility. She does not feel she needs to remind them that these business owners are your constituents. She pointed out that the responsibility of the safety of the constituents is of the Legislature. She also requested that the Legislature request that Inergy have a third party do the risk assessment study. Shirley Barton, from Hector, said she is not sure of how the Legislature works, and how they can take the livelihood of the citizens in this county. If the Legislature approves of this industry coming to our area, could the Legislature be held liable for its impacts? Chairman Fagan explained to her that the Legislature has no approval part in this process. The permitting agency is the New York State Department of Environmental Conservation (NYSDEC). In the supplemental Impact statement, there is not any local approval required for the Town of reading. He read the application to understand it and to be able to clarify some of the concerns that have been expressed tonight. Again, the County has no approval in this project. A couple of the speakers tonight expressed very passionately their feelings and he wants it known that the LPG Storage Facility project is not fracking in the Marschellis shale. Personally, he is against this in Schuyler County. Our infrastructure is so limited that if they had the level of truck traffic as they do in it would have an adverse affect on our level of tourism. There are also technical reasons why he does not think you will ever see drilling in our area. The depths of the shale in this County are less than it needs to be for the drilling to occur. He explained the depth requirements as well as statistics he has researched. He also had contacted Penn State for confirmation. The Meeting adjourned at 7:43 P.M. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk REGULAR MEETING OCTOBER 11, 2011 The October 11, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Field and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was excused and Legislator Larison who was absent. County Administrator Timothy O’Hearn and Acting County Attorney Dennis Morris were also present. PUBLIC PARTICIPATION: Mr. Joseph Campbell read from a letter from Senator Michael Mozzolio’s office to Joe Martens, Commissioner of the New York State Department of Environmental Conservation. Letter on file in the Legislative Office with Mr. Campbell’s comments. Letters from the Seneca Lake Pure Water Association and a letter from the Physicians Scientists and Engineers for Healthy Energy, Mr. Campbell submitted for the record, are also on file in the Legislative Office. Mr. Campbell requested that the Legislature adopt a Resolution asking that a Qualified Risk Assessment be performed on the Inergy Project. Legislator Barnes said he himself would like to hear from their own representatives, to hear their point of view. Chairman Fagan asked Mr. Campbell if he had ever visited any of Inergy’s other facilities. Mr. Campbell said no, he has not. Chairman Fagan asked Mr. Campbell if he knows of any other location that has done a risk assessments in the past. Mr. Campbell could not answer that, and has not looked into that. Legislator Gifford pointed out that public participation was not the place or time to discuss acting on a Resolution. Ms. Elaine Mansfield, Town of Hector resident, is very concerned what the Liquid Propane Gas (LPG) facility will do to our quality of the landscape in our area. She does not want to see our area be converted to an LPG storage/transportation hub. She is also worried about the increased capacity over time. Chairman Fagan assured her that any increase in capacity would require increasing the size of the brine pond and this they have no intentions of doing. Ms. Mansfield asked if our Local County Government would move to protect the local residents. Mr. Mark Rondinaro handed out copies of the Freedom of Information Law (FOIL) information he had received from the Legislative Office regarding a court proceeding that took place in 1983. He requested that the ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 102 Legislature consider redistricting prior to the next election in 2013. He also requested that all of the Standing Committee Meeting Minutes be available on our web page. They are available via FOIL, and he feels they should be on the web page so FOIL’s would not be needed. Mr. Paul Marcellus said he is in attendance tonight to show support for the LPG facility. He has had the benefit of having an Advance Team truck driver stay at his motel and has had discussions with him. This storage is something that has been around for years. Lots of residents heat their homes as well as cook their meals with this. The bulk of the hauling would be done in the winter months and he has been told it would not affect our tourism. There has been a great deal of talk of our Industrial Park not being filled. Here is a perfect candidate to fill a portion of this park and all we see is reluctance to allow them to come into our area. I want to go on record in favor of this project. The technology has been invested in for years in this community. It isn’t until the investment in the expansion that it has become an issue. RESOLUTION NO 255 Motion by Gifford, Second by Karius. RE: APPROVE THE MINUTES OF THE SEPTEMBER 12, 2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the September 12, 2011 Regular Meeting of the Schuyler County Legislature be approved. Vote 6-0. RESOLUTION NO. 256 Motion by Barnes, Second by Field. RE: AUTHORIZE CONTRACT WITH BLUE WING PROFESSIONAL CONSULTING SERVICES FOR THE 911 COMMUNICATIONS SYSTEM – EMERGENCY MANAGEMENT WHEREAS, Blue Wing has completed an assessment of our Public Safety Communication System needs and provide recommendations for enhancements to meet our needs, and WHEREAS, the next step for the County is to determine the spectrum plan and attempt to license additional spectrum, and final system design, and WHEREAS, the Communication System is the lifeline for emergency responders including Law Enforcement, Fire Service, Emergency Medical Service and Public Works as well as essential to public safety, and WHEREAS, Blue Wing Professional Consulting has agreed to amend the current contract to provide this service to the County at a cost not to exceed $17,500. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to amend the contract with Blue Wing Professional Consulting for the Emergency Management Department for Public Safety Communications Consulting Services, at a cost not to exceed $17,500 funding available in the E- 911 reserve fund, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 257 Motion by Barnes. Second by Field. RE: AUTHORIZE AMENDING 2011 BUDGET FOR THE ACCEPTANCE OF SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM - PROBATION WHEREAS, the Probation Department will be receiving $9,100 from the Schuyler County Department of Social Services for the Supervision and Treatment Services for Juveniles Program from April 1, 2011 through March 31, 2012, and WHEREAS, the Probation Department’s 2011 budget needs to be amended for the acceptance of this money. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is herby authorized to amend the 2011 budget as follows: ACCOUNT NO. AMOUNT DESCRIPTION 3140.1260 +$9,100 Allocation Revenue 3140.0100 +$6,060 Staff/Administration salary 3140.0409 +$500 Training 3140.0431 +$1,400 Drug screens 3140.0308 +$1,140 Incentives Program Vote 6-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 103 RESOLUTION NO. 258 Motion by Barnes, Second by Field. RE: AUTHORIZE CONTRACT WITH LICENSE MONITOR, INC. TO MONITOR DEFENDANTS LICENSE ACTIVITY THROUGH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES - PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department has identified the need to monitor license activity of defendants with DWI convictions through the New York State Department of Motor Vehicles, and WHEREAS, Schuyler County Probation has already been using a program which has been provided for free, called License Monitor through License Monitor Incorporated, and WHEREAS, License Monitor, Inc. has informed the Probation Department that they will be charging a fee of $1 per defendant monitored per month starting October 1, 2011, and WHEREAS, the Schuyler County Stop DWI program has provided the Probation Department with grant money that will cover the cost of this service, and WHEREAS, billing for the use of such services will begin on October 1, 2011, and will be ongoing until terminated by either Schuyler County or License Monitor Inc. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with License Monitor, Inc., for the use of their program called License Monitor, to monitor DWI probation supervision cases, at a rate of $1 per defendant, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 259 Motion by Barnes, Second by Field. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR ASSIGNED COUNSEL - PUBLIC DEFENDER WHEREAS, an increased number of criminal and family court matters have been assigned outside the obligation of the public defender’s office and the conflicts defender’s office, and WHEREAS, the Public Defender’s office has depleted all funding for assigned counsel. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $20,000 from the Contingency account no. 1990.500 into the Public Defenders Assigned Counsel Accounts as follows: ACCOUNT NO. AMOUNT DESCRIPTION 1990.500 -$20,000 Contingency Account 1170.563 +$10,000 Assigned Counsel Expenses/Family Court 1170.605 +$10,000 Assigned Counsel Expenses /Criminal Court Vote 6-0. RESOLUTION NO. 260 Motion by Barnes, Second by Field. RE: AUTHORIZE AGREEMENT FOR MAINTENANCE WITH COMNETIX, INC. – SHERIFF’S OFFICE WHEREAS, the Schuyler County Sheriff’s Office must utilize an electronic fingerprinting system for processing arrests and booking of inmates, and WHEREAS, Comnetix, Inc. is the vendor under New York State Contract to provide equipment and maintenance of equipment to law enforcement agencies in New York State at a cost of $3,600. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of Schuyler County is hereby authorized to sign a maintenance agreement with Comnetix, Inc. in the amount of $3,600.00; the amount of $2,042.00 from account no. 3110.0400 - Contractual and the amount $1,558.00 from account no. 3150.0400 – Contractual, for a term of June 1, 2011 through May 31, 2012, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 261 Motion by Barnes, Second by Field. RE: RESOLUTION IN SUPPORT OF HAVING THE TOTAL MAXIMUM DAILY LOAD (TMDL) REGULATIONS LIFTED FOR NEW YORK STATE WHEREAS, the Schuyler County Soil & Water Conservation District strongly supports the Federal Clean Water Act and the Total Maximum Daily Load approach for cleaning polluted waterbodies, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 104 WHEREAS, the Legislature agrees with the United States Environmental Protection Agency Chesapeake Bay Program that New York's waters are clean and are currently below the Chesapeake Bay Program Total Maximum Daily Load threshold needed for all jurisdictions (reference) and meets the clean water standards set for New York Sate and the Chesapeake Bay (reference), and WHEREAS, New York has voluntarily achieved a 58% reduction in Nitrogen, a 24% reduction in Phosphorus and a 50% reduction in sediment needed to meet the 2017 requirements based on the CB 2010 interim progress model run, and WHEREAS, Conservation Districts in New York have helped to achieve these reduction through a voluntary program. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature will work with our State legislature and the New York Department of Environmental Conservation to ensure that the districts role remain based on a programmatic approach that is non-regulatory, voluntary and incentive based, and BE IT FURTHER RESOLVED, that the New York Association of Conservation Districts will work in good faith to meet the 2017 and 2025 "Planning Targets” suggested for New York by the Chesapeake Bay Program (reference), and BE IT FURTHER RESOLVED, that the Schuyler County Legislature, along with the Schuyler County Soil & Water Conservation District, while honoring the commitments described above, will continue to seek a means to have the Total Maximum Daily Load regulations lifted for New York State, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to Congressman Thomas Reed, New York State Senator Thomas F. O’Mara, New York State Christopher S. Friend, to the Inter-County Association of Western New York, and all others deemed necessary and proper. Vote 6-0. RESOLUTION NO. 262 Motion by Halpin, Second by Gifford. RE: AUTHORIZE AMENDING 2011 BUDGET FOR THE ACCEPTANCE OF SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM – YOUTH BUREAU WHEREAS, the Youth Bureau will be receiving $7,700 from the Schuyler County Department of Social Services for the Supervision and Treatment Services for Juveniles Program from April 1, 2011 through March 31, 2012, and WHEREAS, the Youth Bureau 2011 budget needs to be amended for the acceptance of this money. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is herby authorized to amend the 2011 budget as follows: ACCOUNT NO. AMOUNT DESCRIPTION 7310.2389 +$7,700 Other Home & Community Revenue 7310.308 +$7,700 Families First Expenses Vote 6-0. RESOLUTION NO. 263 Motion by Halpin, Second by Gifford. RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING FOR THE NEW YORK CONNECTS PROGRAM YEAR SIX – OFFICE FOR THE AGING WHEREAS, Schuyler County has a NY Connects program as a component of Families First, and WHEREAS, NY Connects is a program for individuals with long term care or chronic healthcare issues from birth to death which provides information, assistance and referrals, and WHEREAS, Families First/NY Connects is a collaborative effort between the Youth Bureau, Office for the Aging and the Department of Social Services, and WHEREAS, the State of New York acting through the New York State Office for the Aging implements the program with the Schuyler County Office for the Aging as the liaison and now as the conduit for the funding. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all agreements with the New York State Office for the Aging for the continuation of the NY Connects program from October 1, 2011 through September 30, 2012, for the allocated amount of $42,591, said agreement subject to approval of the Schuyler County Attorney. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 105 Vote 6-0. RESOLUTION NO. 264 Motion by Halpin, Second by Gifford. RE: AUTHORIZE AGREEMENT BETWEEN THE OFFICE FOR THE AGING AND FAMILIES FIRST FOR THE NEW YORK CONNECTS PROGRAM YEAR SIX – OFFICE FOR THE AGING WHEREAS, Schuyler County has a NY Connects program that will be funded through Office for the Aging for year six and WHEREAS, the NY Connects program has been operating as a component of Families First, and WHEREAS, the Schuyler County Office for the Aging and Families First will each have operational responsibilities, and WHEREAS, Office for the Aging can contract out a portion of the funding for operational expenses to Families First. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all agreements between the Schuyler County Office for the Aging and Families First for the continuation of the NY Connects program from October 1, 2011 through September 30, 2012, for the allocated amount of $23,600, said agreement subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 265 Motion by Halpin, Second by Karius. RE: AUTHORIZE APPROVAL OF THE 2012-2016 FOUR YEAR IMPLEMENTATION PLAN- OFFICE FOR THE AGING WHEREAS, the Schuyler County Legislature has established an Office for the Aging in Schuyler County, and WHEREAS, the Office for the Aging is required to submit an Annual Implementation Plan with a four year plan every four years, which includes plans for programs operated by the Office for the Aging, as follows: Title IIIB of the Older American’s Act Titles IIIC1 and IIIC2 of the Older American’s Act Title IIID of the Older American’s Act Title IIIE of the Older American’s Act Expanded In-Home Services for the Elderly Program (EISEP) Community Services for the Elderly Program (CSE) Congregate Services Initiative Program (CSI) Supplemental Nutrition Assistance Program (SNAP) Health Insurance Information, Counseling and Assistance Program (HIICAP) Transportation New York Connects, and WHEREAS, the Plan requires approval by the Schuyler County Legislature before submitting the Plan no later than December 1, 2012, and WHEREAS, the Public Hearing on the Annual Implementation Plan will be held, as required, on October 4, 2011 at 3:00 PM in the Silver Spoon Café at the Human Services Complex, and WHEREAS, no Federal and/or New York State funding will be available until the Plan has been approved by the Schuyler County Legislature and submitted to the NYS Office for the Aging and approved. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign the Plan/Funding Application necessary to carry out the services provided by the Schuyler County Office for the Aging for the term of January 1, 2012 through December 31, 2016, said Plan/Funding Application subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 266 Motion by Halpin, Second by Karius. RE: ACCEPT AND ESTABLISH THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT – PUBLIC HEALTH – AS AMENDED WHEREAS, the Schuyler County’s annual Children with Special Health Care Needs Grant will be in the amount of $48,843, with each year having an amount of $16,161, and WHEREAS, said grant is for the period October 1, 2011 through September 30, 2014. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 106 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2012 Grant Budget, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the grant, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 267 Motion by Halpin, Second by Karius. RE: ACCEPT AND ESTABLISH THE PUBLIC HEALTH EMERGENCY PREPAREDNESS GRANT – PUBLIC HEALTH WHEREAS, the Schuyler County’s annual Public Health Emergency Preparedness (PHEP) Grant will be in the amount of $50,000, and WHEREAS, said grant is for the period August 10, 2011 through August 9, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2012 (PHEP) Grant Budget, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the grant, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 268 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT WITH ELLEN LANGENDORFER, SPEECH THERAPIST FOR PRESCHOOL SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Preschool services for children, and WHEREAS, Ellen Langendorfer, ST is willing to be a provider for Preschool services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a Contract with, Ellen Langendorfer, ST for Preschool services, effective Oct 1, 2011 through June 30, 2012, at the rate of $65.00 per half hour session, to be renewed annually, funds available in the Public health budget, account no. 2960.0400, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 269 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT WITH LINN AFTUCK, OCCUPATIONAL THERAPIST FOR EARLY INTERVENTION PROGRAM SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention services for children, and WHEREAS, Linn Aftuck, OT is willing to be a provider for Early Intervention services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a Contract with, Linn Aftuck, OT for Early Intervention services, effective Oct 1, 2011 – December 31, 2012, at the rate set by the State of New York per session, to be renewed annually, funds available in the Public Health budget, account no. 4054.0490, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 270 Motion by Halpin, Second by Field. RE: AUTHORIZE AMENDING THE 2011 CONTRACT WITH THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES – COMMUNITY SERVICES WHEREAS, the Community Services Department has a contract with the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes (Council on Alcoholism) for 2011 in the amount of $199,306, 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 $4,375. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract amendment with the Council on Alcoholism for alcoholism and substance abuse prevention services in the amount not to exceed $203,681 for the term January 1, 2011 through December 31, 2011, funding available in the 2011 budget with no local cost, subject to the approval of the County Attorney. Vote 6-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 107 RESOLUTION NO. 271 Motion by Karius, Second by Halpin. RE: AUTHORIZE CONTRACT AMENDMENT WITH DARCE L. BRAIMAN - COMMUNITY SERVICES WHEREAS, Schuyler County Community Services currently has a contract with Darce L. Braiman, for 2011 for an amount not to exceed $30,000 for the provision of Nurse Practitioner services on a part-time basis, and WHEREAS, Ms. Braiman is willing and able to provide additional services to fill the need created by the resignation of the department’s full-time NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the 2011 contract with Darce L. Braiman increasing the amount of the contract by $5,000 to an amount not to exceed $35,000, funds available in the 2011 budget, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 272 Motion by Karius, Second by Halpin. RE: AUTHORIZE CONTRACT AMENDMENT WITH S. M. ANWAR AHMED, M.D. - COMMUNITY SERVICES WHEREAS, Schuyler County Community Services currently has a contract with S. M. Anwar Ahmed, M.D., for 2011 for an amount not to exceed $60,000 for the provision of services on a part-time basis, and WHEREAS, Dr. Ahmed is willing and able to provide additional services to fill the need created by the resignation of the department’s full-time NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the 2011 contract with S.M. Anwar Ahmed, M.D. increasing the amount of the contract by $10,000 to an amount not to exceed $70,000, funds available in the 2011 budget, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 273 Motion by Karius, Second by Halpin. RE: AUTHORIZE TRANSFER OF FUNDS FOR SAFETY NET – SOCIAL SERVICES WHEREAS, Safety Net expenditures, particularly for homeless people, has increased substantially in 2011, as well as protective day care, and WHEREAS, 2011 Federal Medical Assistance revenue exceeded the budgeted amount. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following transfers in the 2011 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION + $ 5,800 6070.572 POS – Day Care – Protective Exp. - $136,800 6100.400 Medicaid Expenses - $ 60,000 6123.400 Juvenile Delinquency Exp. +$191,000 6140.400 Safety Net Assistance Exp. - $ 24,000 6123.3623 State Aid – Juvenile Delinquency Revenue 24,000 6109.4609 Federal Aid – Family Assistance Revenue Vote 6-0. RESOLUTION NO. 274 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACTS WITH SCHUYLER COUNTY PROBATION DEPARTMENT AND SCHUYLER COUNTY YOUTH BUREAU FOR USE OF SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM GRANT FUNDS – SOCIAL SERVICES WHEREAS, the Department of Social Services, as lead agency, has been awarded a Supervision and Treatment Services for Juveniles Program allocation in the amount of $46,080 from New York State for the purpose of keeping youth out of care, and WHEREAS, the allocation is to be used to provide services to alleged and adjudicated Persons in Need of Supervision (PINS) as well as adjudicated and diverted juvenile delinquents, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 108 WHEREAS, services provided include Enhanced Youth Supervision Practices, Electronic Home Monitoring, Respite, Drug/Alcohol Screening, Incentives and Training and other services, and WHEREAS, the Department of Social Services would like to contract with the Schuyler County Probation Department in the amount of $9,100 to provide juvenile delinquent diversion services, Enhanced Youth Supervision, Electronic Home Monitoring and Drug and Alcohol Screens, and WHEREAS, the Department of Social Services would like to contract with the Youth Bureau in the amount of $7,700 to provide Incentives and Training for youth as well as coordinating respite stays, and WHEREAS, the Department of Social Services will retain $29,280 to pay for the Respite services coordinated by the Youth Bureau, payment for the Electronic Home Monitoring coordinated by the Probation Department, and certain administrative costs. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract with the Schuyler County Probation Department in the amount of $9,100 and a contract with the Schuyler County Youth Bureau in the amount of $7,700 for the Department of Social Services for both agencies to provide services to youth with the purpose to keep them out of care for the term April 1, 2011 through March 31, 2012, funds available in the Department’s 2011 budget (lines 6010.552 and 6070.396), subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2011 DSS budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION 8,400 6010.552 FFFS/Detention Prevention Expenses 10,000 6070.396 Preventive Services Expenses 8,400 6010.4610 Federal Aid – Administration Revenue 10,000 6070.4670 Federal Aid – Purchase of Services Revenue Vote 6-0. RESOLTUION NO. 275 Motion by Halpin, Second by Field. RE: AUTHORIZE AMENDING THE 2011 MEDICAID BUDGET – SOCIAL SERVICES WHEREAS, actual 2011 Federal Medical Assistance revenue exceeded the budgeted amount. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2011 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$136,800 6100.4489 Medicaid Stimulus Revenue +$136,800 6100.400 Medicaid Expenses Vote 6-0. RESOLUTION NO. 276 Motion by Halpin, Second by Field. RE: AUTHORIZE TRANSFER OF FUNDS FROM BUILDINGS ACCOUNT TO GROUNDS ACCOUNT FOR VEHICLE FUEL – BUILDINGS AND GROUNDS WHEREAS, the Grounds Car Operation & Expense Fuel account has exceeded the $6,000 amount in the 2011 budget, and WHEREAS, there are four additional months remaining in 2011. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $4,000 from account no. 1620.435 - Professional Fees and Services into account no. 1622.444 - Car Operation & Expense Fuel. Vote 6-0. RESOLUTION NO. 277 Motion by Barnes, Second by Halpin. RE: AUTHORIZE AN AGREEMENT WITH THE BC CATE ELEMENTARY SCHOOL FOR EMERGENCY EVACUATION – BUILDINGS AND GROUNDS WHEREAS, BC Cate Elementary School is in need of securing an emergency evacuation location for students, and WHEREAS, the school is located in close proximity to the Schuyler County Human Services Complex. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an on-going agreement with Odessa-Montour Central School District for use of the Human Services ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 109 Complex as a evacuation site for the BC Cate Elementary School, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 278 Motion by Barnes, Second by Halpin. RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING WHEREAS, various departments have items to be declared surplus or junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the following assets surplus or junk, and BE IT FURTHER RESOLVED that the following items are to be bid out, placed in storage for an auction or disposed of. JUNK Asset # Description Serial # Department N/A ’06-’07 Tax Maps N/A Real Property N/A ’08-’09 Tax Maps N/A Real Property 5763 Poweredge 2800 4J1GC61 Health 4763 Poweredge 2400 7DXK501 Health 5866 Dell Optiplex GX520 11HVY71 IT 6092 HP Fax Machine 1240 CN61MGH23T County Admin 3652 Walk-in Cooler/Freezer N/A OFA SURPLUS Asset # Description Department 4896 2001 Ford Taurus Wagon 1FAFP58U31G200167 Public Health 4443 2000 Ford Ranger Truck 1FTZR15X9YTA71443 Watershed N/A Refrigerator (2002) N/A OFA Vote 6-0. RESOLUTION NO. 279 Motion by Barnes, Second by Halpin. RE: RESOLUTION REQUESTING COMPTROLLER THOMAS DINAPOLI TO REFORM THE FUNDING POLICY FOR THE NEW YORK STATE COMMON RETIREMENT FUND WHEREAS, the New York State and the Local Retirement System for public employees is assessing huge annual increases to municipal governments in the state, and WHEREAS, the New York State and the Local Retirement System has a very conservative funding policy that requires 100 percent of the system’s liabilities to be covered by reserves, when many state governments utilize funding policies of less than 100 percent, and WHERES, the U.S. Government Accountability Office has reported that a pension system funding ratio policy of 80 percent is sound and adequate, and WHEREAS, given the ongoing huge pension system cost increases levied upon municipalities by the State of New York, adopting a lower funding threshold will save huge sums for governments and taxpayers throughout the state. NOW, THEREFORE, BE IT RESOLVED, that upon the recommendation of the Management & Finance Committee, the Schuyler County Legislature hereby requests that Comptroller Thomas DiNapoli reform the funding policy for the New York State Common Retirement Fund, and BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to Governor Andrew Cuomo, Comptroller Thomas DiNapoli, Senator Thomas F. O’Mara, Christopher S. Friend, All Counties, All Schuyler County municipalities and to each and every other person, institution or agency who may further the purport of this Resolution. Vote 6-0. RESOLUTION NO. 280 Motion by Gifford, Second by Field. RE: RESOLUTION URGING MULTI-YEAR STATE TAKEOVER OF LOCAL SHARE OF MEDICAID WHEREAS, county officials across the state are presently introducing their 2012 budgets, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 110 WHEREAS, these budget decisions are being made under the constraints of the State’s new property tax cap, and WHEREAS, when State lawmakers enacted a property tax cap, they pledged to provide mandate relief that would enable and empower local leaders to implement that tax cap locally, and WHEREAS that mandate relief has not materialized, and WHEREAS, By far, at a local statewide cost of $7.3 billion, Medicaid is the number one mandate facing counties, and WHEREAS, State Legislation (S.5889-B) will require state policymakers to take full fiscal responsibility for New York’s largest in the nation Medicaid program, by implementing an eight year gradual State takeover of county Medicaid costs, and WHEREAS, removing county taxpayers from the financing of Medicaid is the single most important thing the State Legislature can do to lower property taxes for New Yorkers, and WHEREAS, the State takeover of county Medicaid costs will lead to lower property taxes and enhance New York’s economic competitiveness and improve economic opportunities for all New Yorkers, and WHEREAS, state lawmakers can fund the takeover with a combination of Medicaid program reforms, state-derived savings and other spending controls, including, applying MRT (Medicaid Redesign Team) reform savings to mandate relief and pursuing a federal Medicaid waiver to leverage state cost containment initiatives that can be applied to property tax relief and applying future revenues to lowering property taxes and by allowing federal health care reforms to cover New Yorkers, and NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature calls on State lawmakers to keep their promise, and sign on to legislation (S5889-B) designed to provide mandate relief for counties, in the form of an eight-year State takeover of county Medicaid costs, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator Thomas F. O’Mara, New York State Christopher S. Friend and to the Majority and Minority Leaders of the New York State Senate and Assembly. Vote 6-0. RESOLUTION NO. 281 Motion by Gifford, Second by Field. RE: AUTHORIZE INCREASING THE HOURS OF THE COUNTY ATTORNEY POSITION FROM PART-TIME TO FULL-TIME WHEREAS, there is currently one vacant part-time County Attorney position, and WHEREAS, the staffing needs of the Office have been re-evaluated and it is determined that the needs can only be met by increasing the hours of the vacant part-time County Attorney position currently in place to maintain the workload, and WHEREAS, it is the recommendation of the Management & Finance Committee that the vacant part- time County Attorney position be increased to full-time, 35 hours a week. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the increase in hours for the vacant County Attorney position from part-time to full-time, 35 hours per week, and BE IT FURTHER RESOLVED, that said position be advertised immediately with a starting salary range of $80,000 - $110,000. Vote 6-0. RESOLUTION NO. 282 Motion by Gifford, Second by Field. RE: SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE” WHEREAS, final Judgment of Foreclosure in the pending tax foreclosure proceeding has been received by the County Attorney’s Office pursuant to Article 11 of the Real Property Tax Law, and WHEREAS, it is necessary to set a tax auction sale date in advance thereof, and WHEREAS, the Schuyler County Treasurer is the enforcing officer responsible for carrying out a foreclosure sale. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer has set Saturday, November 19, 2011 as a tax auction sale date, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 111 BE IT FURTHER RESOLVED, that the Chairman of this Legislature or his designee be, and hereby is, authorized to sign and the Sheriff’s Department to hand deliver a Notice to Vacate to all occupants of property on which the County of Schuyler holds, or will hold, a tax deed to, and BE IT FURTHER RESOLVED, that said Notice to Vacate be sent by registered mail to the most recent owners of record as shown in the property description. Vote 6-0. RESOLUTION NO. 283 Motion by Karius, Second by Halpin. RE: ACKNOWLEDGE OCTOBER AS NATIONAL BREAST CANCER AWARENESS MONTH WHEREAS, National Breast Cancer Awareness Month is dedicated to increasing awareness of breast cancer issues, especially the importance of early detection of breast cancer, and WHEREAS, in 2010, approximately 13 women in Schuyler County were diagnosed with breast cancer, and 23% of those women lost their battle to the disease. and WHEREAS, when breast cancer is detected in its earlier stages, the five year survival rate is 98% and that number plummets to just 23% when the disease is found at later stages, and WHEREAS, this information has been provided by the Twin Tiers Region Affiliate of Susan G. Komen For the Cure. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature in conjunction with the Twin Tiers Region Affiliate of Susan G. Komen For the Cure acknowledge October as National Breast Cancer Awareness Month and encourages early breast cancer detection through mammograms, and BE IT FURTHER RESOLVED, that a certified copy of the Resolution be sent to the Twin Tiers Region Affiliate of Susan G. Komen For the Cure. Vote 6-0. RESOLUTION NO. 284 Motion by Karius, Second by Halpin. RE: SET REIMBURSEMENT RATES FOR COUNTY INSPECTORS RECEIVING VOTING MACHINES – BOARD OF ELECTIONS WHEREAS, the State of New York Election Law 3-226 states that “all voting machines and appliances relating to, or used in the conduct of an election, shall be in the care, custody and control of the Board of Election, and WHEREAS, Schuyler County Board of Elections has adopted a security policy that requires election inspectors working in each election district to receive the machine at the polling site, verify the security seal numbers and receive custody of the machine from machine delivery personnel, and WHEREAS, the Board of Elections has determined that each inspector receiving the machines shall be paid $25 per machine. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Election Inspectors receiving voting machines at the polling sites working for the County to be paid the rate of $25 for each location served. Vote 6-0. NEW BUSINESS: The Clerk reminded the Legislators that there is a Management and Finance Budget Workshop scheduled for tomorrow, Wednesday, October 12, 2011 at 9:00 a.m. UNFINISHED BUSINESS: Legislator Barnes asked if everyone saw the letter from Senator O’Mara regarding the Medicaid reform. Chairman Fagan said he didn’t acknowledge our letter to him, but, now he is a co-sponsor of the Medicaid reform bill. He asked if any of them saw the Governors response to Medicaid reform. He feels the use of subsidize the County is an unfortunate term, and it really upsets him. The State controls all the purse strings and controls all of the rules. Legislator Barnes feels the Counties should approve the need for reform, and let the voters make the decision at the ballot box. Chairman Fagan said the general public needs to understand what our State leaders have done. If they would do their jobs, maybe we would not be where we are today. REPORT ON STANDING COMMITTEES: Nothing to report. COUNTY ADMINISTRATOR’S REPORT: Nothing to report. Chairman Fagan requested that the proposed budget be made available on our web page. Legislator ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 112 Gifford said it is a working document. Chairman Fagan said the Legislature was told once before in committee that it is subject to the FOIL. If it is subject to FOIL, then he feels it should be made available to the public on the web page. He sees no reason not to make this available. However, he does point out that the draft budget prepared has not had any Legislative input. Do not be alarmed with what you see there. We will do our jobs and review it. PUBLIC PARTICIPATION: Mr. Mark Rondinaro said he supports placing the budget on the web site along with all of the committee minutes. That is where most of the discussion occurs. If there are feelings of confusion on the budget then put a note to explain the status of the draft budget. The Meeting adjourned at 7:00 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk SPECIAL MEETING OCTOBER 26, 2011 The October 26, 2011 Special Meeting of the Schuyler County Legislature was called to order at 10:01 a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. All Legislators were present. County Administrator Timothy O’Hearn was also present. Acting County Attorney Dennis Morris, was excused. PUBLIC PARTICIPATION: Mr. Mark Rondinaro said he again is requesting a list of the contractual items in the proposed 2012 budget and also wants to know how many youths are utilizing the Youth Programs. He wants to know if the youths from outlying areas are utilizing them or just from the central areas. Legislator Yuhasz feels that if they save one youth from going in the wrong direction they cannot complain. Mr. Rondinaro feels there are a number of youth that do not utilize this service. He’d like to know how many does it impact in our County, and could the money be better spent maybe. Legislator Gifford suggested he contact the Youth Bureau Director, JoAnn Fratarcangelo. There are a number of youth programs such as youth court, the summer youth program, etc. Legislator Halpin said she could get that information for Mr. Rondinaro, as she sits on the Youth Board. Legislator Yuhasz said he objects to the statement that the money could be better spent elsewhere. Mr. Rondinaro said he is just asking for an analysis. Chairman Fagan asked Mr. Rondinaro if he was present for the budget meeting with the youth court judge and the discussion had at the meeting relative to the savings through the youth court. Mr. Rondinaro said he was not present. Legislator Halpin explained that the numbers JoAnn gave them were acquired from various studies and based on what this County does for savings. Chairman Fagan requested that Mr. Rondinaro be provided the handouts from that meeting. The Clerk to the Legislature said she would be happy to make those copies for him while he was here. She also explained that they have hundreds of contracts and that not all of our contracts are associated with a line item in the budget. Legislator Halpin asked if he was asking about outside agencies or departmental contracts. Administrator O’Hearn recommended that he fill out a Freedom of Information Law (FOIL) request. He explained that the committee process is in place to review the contracts. The County can certainly place the information out there, but the mandated and revenue streams are not listed for offsetting the expenses. Chairman Fagan said he looks at the budget and if he sees a contract work increase or change in that account he asks why. Or, if the amount does not seem to correlate with the amount spent so far this year, he asks if it can be reduced. He assured Mr. Rondinaro that they are looked at. Mr. Rondinaro said he understands that mandated services are different, as there is no control. They are a service we absolutely need to provide. Chairman Fagan said the majority of the contracts are needed to provide a service. We have major problems with staffing nurses or doctors to provide services and in the case of the Home Health Agency, the County had to sell the service to a provider as they could not continue to provide that service to the justice of the residents. Sometimes there are three or four contracts for the same services to keep the program running. RESOLUTION NO. 285 Motion by Larison, Second by Gifford. RE: RATIFICATION OF SPECIAL MEETING ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 113 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 2012 Vote 8-0. RESOLUTION NO. 286 Motion by Field, Second by Barnes. RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2012 WHEREAS, a public hearing in respect to the 2012 County Budget is required pursuant to County Law Section 359, and WHEREAS, the Management & Finance Committee turned over the Preliminary budget to the Legislature today making it now a Tentative budget, and the Legislature is now ready for the public hearing. NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2012 County Budget will be held in Room 120 at the Human Service Complex, 323 Owego Street, Montour Falls, NY on November 14, 2011 at 6:30 p.m., to be followed by the Regular Meeting of the Legislature, and possible action to adopt the 2012 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 8-0. NEW BUSINESS: None, UNFINISHED BUSINESS: None. COUNTY ADMINISTRATOR’S REPORT: None. PUBLIC PARTICIPATION: Legislator Barnes asked if the County Administrator would ask the County Attorney’s Office to look into the opinion that the Treasurer asked of the State Comptroller regarding the school tax issue from earlier this year please. Administrator O’Hearn said he will do so. The Meeting adjourned at 10:27 a.m. Stacy B. Husted, Clerk REGULAR MEETING NOVEMBER 14, 2011 The November 14, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Barnes and followed by a Moment of Silence. All Legislators were present. County Administrator Timothy O’Hearn and Acting County Attorney Dennis Morris where also present. 6:30 P.M.: PUBLIC HEARING ON THE 2012 TENTATIVE BUDGET: There were approximately 35 to 40 people in attendance. Administrator O’Hearn gave a 2012 Tentative Budget presentation, on file in the Legislative Office. He then opened the floor to public comments at 7:08 p.m. Mr. Gary Whyman, Town of Orange, addressed Administrator O’Hearn regarding the figures he quoted during the budget presentation and the Phish concert. He asked if another Phish concert was planned for 2012. Administrator O’Hearn could not comment on that. Mr. Robert Ford, Town of Reading, said he needs to understand the budget process. He said it seems every year there is a question of taxes. For personal reasons he is interested in how the Administrator comes up with this budget. Administrator O’Hearn explained that this is a time for the public to comment and he usually does not answer questions. He asked Chairman Fagan if he wanted him to comment. Chairman Fagan requested that Administrator O’Hearn please answer any questions he can. Administrator O’Hearn then explained the process of budget planning to Mr. Ford. Mr. Ford said his experience in the past is that all ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 114 budgets are padded by at least 10%, and asked if this was the case with county departments. Administrator O’Hearn said that is the way it used to be, but this budget is not inflated at all. Mr. Ford asked if the County had considered consolidating. Administrator O’Hearn said yes, as a matter of fact. He then listed various means of sharing services and consolidations that the County already has progressed to. Mr. Ford then commended Administrator O’Hearn for the Health Care consolidation with Chemung County. He asked if Multi-County functions had been considered to drive costs down, and how about out sourced or department consolidations. Administrator O’Hearn explained the Heath Care options and not much more interest from other County’s at this point and the fact that the County is always looking to consolidate where we can. He explained that with the Human Resources Director being out since June, he has taken on that roll in her absence. He then reminded Mr. Ford of the Consolidation of our Weights & Measures Director position with Chemung County as presented in the presentation. Chairman Fagan explained the fund balance to the public and how it is used to offset the taxes. He also explained the increased revenue due to the sales tax and how that impacts the budget. In order to not raise taxes and continue to provide services they would have to make cuts someplace. Ms. Jessi Woodward, Town of Montour, thanked the Legislature for considering to restore the Youth Program Director position. Mr. Mark Rondinario, Town of Reading, said he was here to ask that the Legislature reconsider the budget, as he feels the sales tax projection is to optimistic, and if it does not come through, it will affect the fund balance. He attended the last Legislative Resolution Review Committee meeting and Legislator Halpin requested that specific cuts be made. The Public has only this Legislature as their advocates. He asked that they re-analyze this budget and bring in a budget that will not decrease the fund balance. Mr. Alan Hurley, Town of Tyrone, said he has concerns regarding the Business Park still being empty. He feels they need to focus on economic development on the hill. He is concerned about the revenues and feels they need to take another look at this budget. Public Hearing closed at 7:17 p.m. PUBLIC PARTICIPATION: Mr. Alan Hurley said he contacted the Treasurer’s office today to obtain a copy of the 2012 tentative budget and to his surprise she did not have one. As she is the person responsible for the finances, why would she not have one? The Clerk of the Legislature explained that is her responsibility to have the copies and they have been available in her office since October 31, 2011, a week after it became tentative and that it is also available on the web site. Mr. Paul Marcellus said he must bring to the County Administrators attention that during his presentation he omitted the fact that the Humane Society had also purchased the Kurts Enterprises building and will be relocating the animals there soon. He provided a status of this for the public. He also wanted to mention that while he was on this Legislative board and attended these same meetings, he was always allowed to provide feedback as often as needed during budget workshops. RESOLUTION NO. 287 Motion by Karius, Second by Larison. RE: APPROVE THE MINUTES OF THE OCTOBER 11, 2011 REGULAR MEETING AND THE OCTOBER 26, 2011 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the October 11, 2011 Regular Meeting and the October 26, 2011 Special Meeting of the Schuyler County Legislature be approved. RESOLUTION NO. 288 Motion by Larison, Second by Yuhasz. RE: RESOLUTION CALLING FOR THE ALLOCATION OF REVENUES FROM THE NEW YORK STATE PUBLIC SAFETY SURCHARGE TO COUNTIES TO SUPPORT 9-1-1 AND PUBLIC SAFETY COMMUNICATIONS – EMERGENCY MANAGEMENT WHEREAS, the State of New York imposes a $1.20 surcharge on all wireless telephones, which in 2010 raised over $200 million, and for which these funds were intended to be spent on 9-1-1 operations to help first responders to communicate and respond to emergencies, and WHEREAS, the $1.20 surcharge should be imposed on any communications device capable of connecting to 9-1-1, and WHEREAS, the State of New York has historically allocated only 6 percent of these funds to counties ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 115 who are responsible for the operations of 9-1-1 centers, and WHEREAS, the 2010-2011 New York State Budget designated an additional $20 million in grants from the cellular surcharge to fund county regional communication projects, and $45 million in the 2011-12 Budget, however this amount is still a meager percentage of the total amount collected in this fund, and WHEREAS, counties are in dire need of this funding, and urge the Office of Interoperable and Emergency Communications to award these funds as soon as possible, and WHEREAS, counties and other municipalities are the actual providers of 9-1-1 services to the people of New York State and incur substantial costs to upgrade and maintain communications systems, as well as keep up to date with technological changes such as Next Generation 9-1-1 (NG 911), which is estimated to take 10 years to implement at a cost of approximately $22 billion in New York State, and WHEREAS, counties have demonstrated their ability to work together to form regional partnerships and collaborate in the development and expansion of their public safety systems, and WHEREAS, New York State's practice of raiding these funds makes counties ineligible for federal funding, including $42 million in wireless Next Generation 9-1-1 funding, and $58 million from the Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the State of New York to allocate the fullest amount of these funds permissible under law to counties so that 9-1-1 centers and emergency service personnel can make the necessary investments in their systems to support the emergency communications needs in their communities, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall forward copies of this resolution to Governor Andrew M. Cuomo, the Commissioner of the Division of Homeland Security and Emergency Services, Senator Thomas F. O’Mara, Christopher S. Friend, and all others deemed necessary and proper. Vote 8-0. RESOLUTION NO. 289 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH LISA BAKER OF TIOGA COUNTY PROBATION FOR TRAINING ASSISTANCE - PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department will need assistance implementing the financial collections and dispersing of funds through the electronic case management system Caseload Explorer, and WHEREAS, Lisa Baker of Tioga County has agreed to enter into a contract with Schuyler County Probation at a cost of $450 a day plus additional costs of mileage at $.505 cents a mile to come to the Probation Office and perform this training, and WHEREAS, the contract shall be on an as needed basis as determined by Schuyler County Probation and in coordination with Lisa Baker in an amount not exceed $600. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Lisa Baker to assist the Schuyler County Probation Department in training for recording collections and dispersing of funds through the Caseload Explorer Program, for a term of November 5, 2011 through November 5, 2012; funding for this service is available through the Schuyler County Probation Departments budget account no. 3140.0435, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 290 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2012/2013 NEW YORK STATE VIOLENCE AGAINST WOMEN GRANT - DISTRICT ATTORNEY WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services for the purpose of assisting the Schuyler County District Attorney’s Office with retaining a designated prosecutor for violence against women, and WHEREAS, this Grant is estimated to be in the amount of $75,000 with a 25% County match (can be in-kind). NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2012/2013 NYS VAWA Grant, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 116 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 $75,000 with a 25% County match (can be in-kind); said documents subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 291 Motion by Larison, Second by Gifford. 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 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 applicable 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 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 8-0. RESOLUTION NO. 292 Motion by Larison, Second by Gifford. RE: NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY FOR FIFTEEN YEARS 2012-2026 WHEREAS, the New York State Matching Grants Program is designated to encourage tourism promotion throughout the regions of New York State, and WHEREAS, in the past, the State of New York has appropriated funds for this purpose in its Commerce Department budget, and WHEREAS, the guidelines for this local assistance program encourages counties to appoint a Regional Tourist Promotion Agency, and WHEREAS, the Watkins Glen Area Chamber of Commerce has been authorized to serve as the Schuyler County tourism representative to provide specific tourism services on behalf of Schuyler County, and WHEREAS, the Watkins Glen Area Chamber of Commerce has served as the Schuyler County lead tourism promotion organization since its inception, and WHEREAS, the Watkins Glen Area Chamber of Commerce has requested to be designated as the County’s Tourism Agency for the 2012-2026 State Program Years. NOW, THEREFORE, BE IT RESOLVED, that the Watkins Glen Area Chamber of Commerce be, and hereby is, designated by the Schuyler County Legislature as its Tourist Promotion Agency for the 2012-2026 State Program Years to represent the County of Schuyler under the present New York State Tourist Promotion Act for all purposes set forth in said act, and BE IT FURTHER RESOLVED, that the Watkins Glen Area Chamber of Commerce be, and hereby is, authorized to execute any documents under the Matching Grants Program and is authorized to make application ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 117 for and receive grants on behalf of the County of Schuyler pursuant to the New York State Commerce Department budget for the years 2012-2026, and BE IT FURTHER RESOLVED, that designation is subject to the Legislature’s review and acceptance of the Watkins Glen Area Chamber of Commerce’s Strategic Plan and the Chamber’s compliance with said Plan, and BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, authorized to file a certified copy of this resolution with appropriate bodies including, but not limited to, the Watkins Glen Area Chamber of Commerce, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a fifteen year contract with the Watkins Glen Area Chamber of Commerce for said TPA Funding, for the term January 1, 2012 through December 31, 2026, funding available in the budget account no. 6410.436-Room Tax- Chamber of Commerce, subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 293 Motion by Larison, Second by Gifford. RE: AUTHORIZE APPOINTMENT TO FILL UNEXPIRED TERM ON THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY (SCIDA) WHEREAS, Jerry Gapp had resigned from the SCIDA Board in July 2011, and WHEREAS, the required Legal Notice of vacancy was published, and WHEREAS, A. Scott Welliver has expressed an interest in filling the unexpired term. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of A. Scott Welliver to fill the unexpired term of November 14, 2011 through December 31, 2012 on the Schuyler County Industrial Development Agency Board. Vote 8-0. RESOLUTION NO. 294 Motion by Halpin, Second by Gifford. RE: AUTHORIZE REQUEST FOR PROPOSALS (RFP) FOR LEGAL SERVICES FOR OFFICE FOR THE AGING (OFA) CLIENTS FOR 2012- OFFICE FOR THE AGING WHEREAS, under the Older Americans Act, legal assistance is designated as a priority service funded by Title III-B, and WHEREAS, the Statewide Standards for the Delivery of Legal Assistance to Older New Yorkers as set forth by the New York State Office for the Aging (NYSOFA) as well as the NYSOFA Legal Services Developer, provide direction on the selection of a legal assistance provider, and WHEREAS, legal services to OFA clients is contained within the Annual Implementation Plan for 2012 and is included in the OFA portion of the 2012 County budget. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Office for the Aging Director to solicit proposals for legal services for OFA clients as set forth under the Older Americans Act. Vote 8-0. RESOLUTION NO. 295 Moiton by Halpin, Second by Gifford. RE: AUTHORIZE AN APPLICATION WITH THE NEW YORK STATE CONFERENCE OF LOCAL MENTAL HYGIENE DIRECTORS FOR A SYSTEMS OF CARE GRANT – COMMUNITY SERVICES WHEREAS, the NYS Conference of Local Mental Hygiene Directors is promoting the adoption of Systems of Care Values and Accountability for transformation at the County level, and WHEREAS, the has offered a Learning Cooperation Grant for $5,000 for initiating planning activities, and WHEREAS, there is a need to better coordinate the care and services of children in need due to severe emotional illness. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the said grant application with the Conference of Local Mental Hygiene Directors for the Community Services Department for the Shelter Plus Care (S+C) Grant, subject to the approval of the Schuyler County Attorney. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 118 Vote 8-0. RESOLUTION NO. 296 Motion by Halpin, Second by Gifford. RE: AUTHORIZE AMENDING THE CONTRACT WITH COORDINATED CARE SERVICES, INC. (CCSI) – HEALTH SERVICES WHEREAS, Community Services has an established contract with Coordinated Care Services, Inc. (CCSI) for planning services relative to comprehensive mental health services in the amount of $20,000, and WHEREAS, CCSI has proposed providing contract management/financial oversight to Community Services for requirements related to the Office of Mental Health, and WHEREAS, CCSI has a successful track record in providing counties with these services, and WHEREAS, CCSI also has expertise and success in assessing and planning for systems changes, and WHEREAS, Health Services has sufficient funding available for administration of fiscal services, and WHEREAS, CCSI has agreed to provide said services to the Community Services Board at a cost not to exceed an additional $25,000, which includes a one-time initial start up expense not to exceed $5,000, effective immediately through December 31, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to amend the contract with CCSI at an additional cost not to exceed $25,000, funding available in account no. 4310.435, renewable annually on a calendar year, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 297 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH SHARIFUZZAMA SIDDIQUI, M.D. – COMMUNITY SERVICES WHEREAS, Schuyler County Community Services has the need for services, and WHEREAS, Dr. Sharifuzzama Siddiqui is willing and able to provide these services to fill part of the current need, and WHEREAS, funding is available the current and 2012 budgets. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Dr. Sharifuzzama Siddiqui for 12 hours per week, $131 per hour, in an amount not to exceed $95,000, funding available in account no. 4310.435, effective immediately through December 31, 2012, renewable annually on a calendar year, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 298 Motion by Halpin, Second by Yuhasz. RE: RECOGNIZE DECEMBER 4 – 11, 2011 AS NATIONAL INFLUENZA VACCINATION WEEK – PUBLIC HEALTH WHEREAS, National Influenza Vaccination Week (NIVW) is a national observance that was established to highlight the importance of continuing influenza vaccination, as well as fostering greater use of flu vaccine after the holiday season into January and beyond, and WHEREAS, influenza (the flu) is a serious disease that can lead to hospitalization and sometimes even death, and WHEREAS, anyone can get sick from the flu, although certain people are at greater risk for serious complications, such as older people, young children and people with chronic lung diseases, diabetes, heart disease and neurologic conditions as well as pregnant women, and WHEREAS flu viruses are constantly changing each flu season and they can affect people differently based on their body’s ability to fight infection, and WHEREAS, the first and most important step in protecting against the flu is to get a flu vaccine each season. NOW, THEREFORE, BE IS RESOLVED, that the Schuyler County Legislature recognizes December 4 – 11, 2011 as National Influenza Vaccination Week. Vote 8-0. RESOLUTION NO. 299 Motion by Halpin, Second by Yuhasz. RE: ACCEPT AND ESTABLISH THE EARLY INTERVENTION GRANT FOR OCTOBER 1, 2011 – SEPTEMBER 30, 2012 – PUBLIC HEALTH ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 119 WHEREAS, Schuyler County’s annual Early Intervention Grant will be $28,755 for the period of October 1, 2011 - September 30, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2011-2012 Early Intervention Grant Budget accordingly in cooperation with Public Health. Vote 8-0. RESOLUTION NO. 300 Motion by Larison, Second by Barnes. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR MILEAGE – VETERANS SERVICE AGENCY WHEREAS, the 2011 Veterans Service Agency mileage account will be over budget, and WHEREAS, there are not sufficient funds in the 2011 budget for said expenses. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Treasurer is hereby authorized to transfer $5,000.00 from Contingency account no. 1990.500 into account no. 6510.430-Mileage. Vote 8-0. RESOLUTION NO. 301 Motion by Larison, Second by Barnes. RE: ACCEPT/REJECT BIDS FOR CONSTRUCTION OF COUNTY ROAD 4 OVER SAWMILL CREEK BRIDGE PROJECT WHEREAS, Schuyler County passed Resolution No. 186-11, authorizing the advertising for bids for construction of County Road 4 Bridge Replacement, and WHEREAS, bids were opened on November 9, 2011 and reviewed with the recommendation being made by Labella Associates Engineers to accept the low bid from Silverline Construction, Inc, and WHEREAS, funding for the said project in the 2012 budget and reimbursed, 80% Federal, 15% State, and 5% local. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accept the following low bid from Silverline Construction, Inc, for the County Road 4 Bridge Replacement at the low bid price of $872,577.00, funding available in the 2012 budget account no. 002.5120.398, and BE IT FURTHER RESOLVED , that the Chairman be authorized to sign the contract for said bid, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, the other bids be rejected, with a note of appreciation for their participation. Vote 8-0. RESOLUTION NO. 302 Motion by Larison, Second by Barnes. RE: AUTHORIZATION TO REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES FOR THE MILL STREET BRIDGE, ODESSA AND AUTHORIZE FUNDING FROM THE HIGHWAY RESERVE FUND – HIGHWAY WHEREAS, the Mill Street bridge in the Village of Odessa is in need of re construction, and WHEREAS, the Highway Superintendent has received one quote for Engineering Services, and WHEREAS, the Highway Superintendent has been instructed to solicit two additional proposals. WHEREAS, the funding for said engineering services will be transferred from the Highway Reserve Fund. NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent is authorized to obtain Engineering Services Proposals for the Mill Street Bridge construction, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $37,500.00 from the Highway Reserve Account into the Highway Engineering Services account number 2.5020.400. Vote 8-0. RESOLUTION NO. 303 Motion by Karius, Second by Larison. RE RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2012 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE WHEREAS, the State Board of Real Property Services has established the County equalization rates ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 120 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 2011 Assessment Roll be adopted and the 2011 County equalization rates to be used for the general levy and apportionment of the 2012 county tax levy from the State Board of Real Property Services be entered in the minutes as follows: TOWN OF CATHARINE 100.00 TOWN OF MONTOUR 100.00 TOWN OF CAYUTA 100.00 TOWN OF ORANGE 100.00 TOWN OF DIX 100.00 TOWN OF READING 100.00 TOWN OF HECTOR 100.00 TOWN OF TYRONE 100.00 Vote 8-0. RESOLUTION NO. 304 Motion by Karius, Second by Larison. 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 2011, for the budget year of 2012, for the Lamoka/Waneta Lakes Protection and Rehabilitation District shall be held on the 12th day of December, 2011 at 6:40 P.M. in the Legislative Chambers, 105 9th Street, Watkins Glen, NY and the Clerk of the Legislature is hereby authorized and directed to publish the Notice of Public Hearing as required by Section 270 of the County Law in the official newspaper of the County, and the Clerk is further directed to forward a certified copy of this resolution to 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: Brenda Mori, Clerk, Steuben County Legislature; the Director of Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer. Vote 8-0. RESOLUTION NO. 305 Motion by Karius, Second by Larison. RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 2011 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2012 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. 4 of the year 2011 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 12, 2011 at 6:45 p.m. in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 4 OF THE YEAR 2011 A Local Law Setting Salaries for Certain Public Officers for the Year 2012. 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, 2012. 2. The following public officers are subject to the provisions hereof: Highway Superintendent $66,389 Deputy Highway Superintendent $53,567 Chief Asst. District Attorney $76,472 Asst. District Attorney $29,221 Undersheriff $56,680 Comm. Of Social Services $74,278 Personnel Officer $48,763 Real Property Tax Director $78,766 Deputy County Clerk $40,124 County Administrator $108,202 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. DISCUSSION: Legislator Halpin stated that she will be voting no on this Resolution. She will not vote for any budget that will increase the taxes. She feels they are in tough economic times and they have people out there that have not received raises, and if their pay is not going up, then she will not vote for a tax increase. She made it clear that this has nothing to do with our Department heads, as she commends them. She simply cannot support this Resolution. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 121 Vote 7-1. No; Halpin. RESOLUTION NO. 306 Motion by Larison, Second by Gifford. RE: AUTHORIZE FIVE-YEAR CONTRACT RENEWAL WITH VENESKY & COMPANY FOR THE COUNTY’S 2011-2015 COST ALLOCATION PLANS – TREASURER’S OFFICE WHEREAS, in order to provide the Department of Social Services and the Public Health Department with the necessary county-wide indirect costs allocable to them, a County Cost Allocation Plan needs to be done every year, and WHEREAS, Venesky & Company can continue to provide this service at an annual cost of $12,500, to be billed to the Treasurer, the Department of Social Services, and the Public Health Department. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a five-year contract renewal with Venesky & Company for the for the 2011-2015 County’s Cost Allocation Plans for the term January 1, 2012 through December 31, 2016, funding to be made available in budget account no. 1325.435 - Professional Fees & Services; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 307 Motion by Larison, Second by Gifford. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES FOR 2012 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 2.3%, and WHEREAS, the County Administrator and Human Resources Director recommend that the Legislature adopt a 2% 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, 2012. FACTOR RATING SYSTEM AND SALARY RANGES POINTS GRADE MIN MID MAX_ 1026 – 1100 M 78,015 88,501 99,011 951 – 1025 L 72,009 82,510 93,011 876 – 950 K 66,006 76,510 87,011 801 – 875 J 60,006 70,510 81,010 726 – 800 I 54,009 64,509 75,009 651 – 725 H 48,006 57,759 67,509 576 – 650 G 43,506 54,009 64,509 501 – 575 F 40,504 50,255 60,006 426 – 500 E 37,504 46,504 55,506 351 – 425 D 34,505 42,757 51,008 276 – 350 C 31,504 39,005 46,504 202 – 275 B 28,504 36,005 43,506 Vote 8-0. RESOLUTION NO. 308 Motion by Larison, Second by Gifford. RE: AUTHORIZE PLACEMENT OF ECONOMIC DEVELOPMENT SURPLUS REVENUE INTO THE “ECONOMIC DEVELOPMENT RESERVE FUND” EACH YEAR WHEREAS, Resolution No. 468 of the Year 2000 authorized the creation of an Economic Development Reserve Fund, and WHEREAS, the Schuyler County Legislature may appropriate funds annually into this fund during the regular County budget process, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 122 WHEREAS, Resolution No. 363 of the Year 2009 established a dedicated revenue stream for the purpose of funding all economic development activities supported by Schuyler County, and WHEREAS, there exists the possibility in any given year that actual revenue may exceed budgetary projections, and WHEREAS, the Schuyler County Legislature is desirous of committing said funds to their intended use of furthering economic development and lessening the financial burden of its residents. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes economic development surplus revenue in any budget year to be placed into the Economic Development Reserve Fund for the purpose of promoting future economic development and growth within the county. Vote 8-0. RESOLUTION NO. 309 Motion by Larison, Second by Gifford. RE: REJECT BID FOR SENECA HARBOR PARK UPGRADES TO EXISTING FACILITIES – BUILDING AND GROUNDS WHEREAS, Resolution No. 228-11 authorized the Building Maintenance Supervisor to provide bid documents and go out to bid for upgrades to existing facilities at the Seneca Harbor Park , and WHEREAS, no bids were received for the August 26, 2011 bid opening, and WHEREAS, a bid extension was advertised to reflect a new bid opening date of September 16, 2011 at the Legislative Chambers, and WHEREAS, the only bid received for the September 16, 2011 bid opening was over the existing budget of $112,500.00 NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisors recommendation to reject the bid in the amount of $152,800.00 from Marchuska Brothers Construction, LLC, 436 Airport Road, Endicott, NY 13760, for upgrades to existing facilities at the Seneca Harbor Park. Vote 8-0. RESOLUTION NO. 310 Motion by Larison, Second by Gifford. RE: AUTHORIZE LEASE AGREEMENT WITH SOUTHERN TIER HOSPICE - BUILDINGS AND GROUNDS WHEREAS, Schuyler County has vacant office space at 105 Ninth Street, Watkins Glen, and WHEREAS, Southern Tier Hospice is seeking office space to rent. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign Lease Agreement with Southern Tier Hospice for use of Room No. 303 at a cost of $675 per month, payable annually at 105 Ninth Street, Watkins Glen, effective on or after November 1, 2011; subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 311 Motion by Larison, Second by Gifford. RE: AUTHORIZE INCREASE IN CONTRACT AMOUNT WITH AIMEE CHURCHILL, ESQ. FOR THE PROVISION OF LEGAL SERVICES TO THE OFFICE FOR THE AGING CLIENTS – OFFICE FOR THE AGING WHEREAS, the Office for the Aging currently has an agreement for legal services provision for the age 60 and older population in Schuyler County, and WHEREAS, there has been an increase in the numbers of individuals requesting assistance, and WHEREAS, the type of assistance being requested is more complex requiring more time on the part of the contracted attorney to resolve, and WHEREAS, the Office for the Aging has received federal funds pursuant to the Older American’s Act, Title IIIB, to carry out such objectives and has the authority and necessary funds under such grant to cover the noted increase, and WHEREAS, the Contractor covenants that she is willing and able to meet the demands of the incoming requests for legal assistance. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 123 NOW, THEREFORE, BE IT RESOLVED, that the total contract amount authorized with Aimee Churchill to render legal assistance to Office for the Aging clients at the rate of $125.00 per hour, will be increased from $7,000 to $9,000 for the current term ending December 31, 2011. Vote 8-0. RESOLUTION NO. 312 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH SCHUYLER COUNTY VETERANS SERVICE AGENCY – SOCIAL SERVICES WHEREAS, paragraph 3 of Social Services Law § 131-m reads “Each social services district shall designate staff having administrative responsibility for assuring the furnishing of information and referral regarding the following services and programs and for making appropriate inquiries related to the actual receipt of such services: financial assistance programs, health care and services, social services, employment services and other community services, including legal, education and consumer services”, and WHEREAS, the Commissioner of Social Services may contract for the provision of the information and referral services, and WHEREAS, the Director of the Schuyler County Veterans Service Agency has agreed to provide information and referral services to Schuyler County residents for the Department of Social Services, and WHEREAS, the Commissioner of Social Services has, therefore, designated the staff of the Schuyler County Veterans Service Agency to assist the Schuyler County Department of Social Services (DSS) in furnishing information and referral services to veterans, dependents, survivors and other claimants regarding services and programs available to them, and WHEREAS, it is economically and organizationally feasible for the Department to contract with the Veterans Service Agency for the performance of these services, and WHEREAS, Social Services has determined that the amount of funds to be paid to the Veterans Service Agency is reasonable and necessary to assure quality services; and WHEREAS, the cost of the contract will be up to $60,000, of which approximately 60% will be reimbursed with Federal and State funds with funding for this contract being included in the Department’s 2012 budget, account number 6010.435. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Schuyler County Veterans Service Agency for the Department of Social Services for information and referral services for the term January 1, 2012 through December 31, 2012 in the amount of up to $60,000, funding available in the 2012 Department of Social Services budget, account no. 6010.435; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 313 Motion by Barnes, Second by Yuhasz. RE: RESOLUTION URGING THE NEW YORK STATE LEGISLATURE TO IMMEDIATELY ENACT LEGISLATION RESCINDING NEW YORK’S PARTICIPATION IN THE REGIONAL GREENHOUSE GAS INITIATIVE (RGGI) CAP AND TRADE PROGRAM WHEREAS, the Schuyler County Legislature recognizes that cap-and-trade is a destructive tax on energy that will dramatically increase energy prices, cost thousands of jobs, and damage the state’s economy, and WHEREAS, the Schuyler County Legislature recognizes that the Regional Greenhouse Gas Initiative (RGGI) cap-and-trade program will have an adverse economic impact on the citizens of Schuyler County by causing an undue increase in utility rates, and WHEREAS, the Schuyler County Legislature recognizes that the Regional Greenhouse Gas Initiative (RGGI) cap-and-trade program is devoid of transparency, operates in a clandestine manner, and has refused open public records requests, and WHEREAS, the Schuyler County Legislature recognizes that the Regional Greenhouse Gas Initiative (RGGI) cap-and-trade program has the potential of being exploited by speculators and Wall Street investment firms, and WHEREAS, the Schuyler County Legislature recognizes that the Regional Greenhouse Gas Initiative (RGGI) cap-and-trade program is failing in its stated mission to reduce carbon emissions and will not have any impact on reducing carbon emissions until Year 2030, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 124 WHEREAS, the Schuyler County Legislature recognizes that the Regional Greenhouse Gas Initiative (RGGI) cap-and-trade program is a prelude to a national cap-and-trade program, and WHEREAS, the Schuyler County Legislature recognizes it has an obligation to stop the expansion of cap-and-trade, begin the dismantling of the Regional Greenhouse Gas Initiative (RGGI) cap-and-trade program, and end this threat to our state and national economy. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby urge the New York State Legislature to immediately enact legislation rescinding New York’s participation in RGGI, and forced contributions by power utilities operating within New York State, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges the Honorable Andrew M. Cuomo to repeal Governor Patterson’s Executive Order No. 24 and withdraw New York State from its participation in RGGI, having been enacted without proper legislation and hence circumventing the law by instituting taxation without representation, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges the New York State Legislature to, absent action by Governor Cuomo, institute by legislation, a moratorium on further “global warming”- related taxes and regulations being imposed on New York State’s power utilities, and BE IT FURTHER RESOLVED that certified copies of this resolution shall be forwarded to Governor Andrew Cuomo, New York State Senator Thomas F. O’Mara, New York State Christopher S. Friend, the Majority and Minority Leaders of the New York State Senate and Assembly, to the Inter-County Association of Western New York, and all others deemed necessary and proper. Vote 8-0. RESOLUTION NO. 314 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH COMMUNITY DISPUTE RESOLUTION CENTER (CDRC) TO PROVIDE GROUP FACILITATION SERVICES – HUMAN RESOURCES WHEREAS, group facilitation services were needed for the Office for the Aging Department, and WHEREAS, external resources were required. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Community Dispute Resolution Center (CDRC) at the rate of $150.00 per hour, not to exceed $1,050, for said facilitating, effective April 26, 2011 through October 19, 2011, funding available in the 2011 Human Resources budget account no. 1430.435-Professinal Fees and Services; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 315 Motion by Barnes, Second by Gifford. RE: ALTERATION OF 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SOCIAL SERVICES BE IT RESOLVED, that the Tentative Budget for 2012 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$58,677 6010.435 Professional Fees/Services +$36,380 6010.3610 State Aid-Administrator Vote 8-0. RESOLUTION NO. 316 Motion by Barnes, Second by Gifford. RE: ALTERATION OF 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – YOUTH BUREAU BE IT RESOLVED, that the Tentative Budget for 2012 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$18,238 7310.100 Personnel Services +$3,356 9010.801 State Retirement +$1,395 9030.802 Social Security +$588 9040.803 Worker’s Compensation +$12,730 9060.807 Health/Dental Insurance +$58,677 7310.2089 Other Culture & Rec Dept. Revenue DISCUSSION: Chairman Fagan asked that Administrator O’Hearn explain Resolutions Numbers 315 and 316. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 125 Administrator O’Hearn explained that through conversations with other County Social Services, our Commissioner, Bill Weiss, was able to help fund the two programs through the Social Services Budget. Vote 8-0. RESOLUTION NO. 317A Motion by Karius, Second by Halpin. RE: MOTION TO TABLE RESOLUTION NOS. 317, 318 AND 319 BE IT RESOLVED, that Resolution Numbers 317, 318 and 319 be tabled and an additional Budget Workshop be scheduled for further discussion on the 2012 Tentative Budget. DISCUSSION: Legislator Halpin explained why she decided to run for the Legislature, mostly due to the spending. She said not a single person she visited throughout her campaign was not concerned about our taxes. At the start of our budget process discussions she heard were that our taxes are the highest in the nation and we end tonight by increasing our taxes. She understands that the budget is driven by mandated services. We had an opportunity to decrease the taxes but to do so, we would have to cut services and probably lay off people. In her past legislative term we lived through tough times. We did what we had to do and gradually we came back. With the cost of fuel for home heating, the cost of food, everything is going up. She just does not understand why our taxes can go up also. How do you expect people to pay them? We have our Budget Officer who prepares the budget. The Legislature has no input in that. We need to as well as have real numbers. Each year the Legislature at the beginning of the year discusses the Legislative goals. One of the goals in not to raise the taxes more than She explained how the home values change, tax levy and the tax rates. I am dismayed by the actions of this Legislature. I will not have an opportunity to discuss decreasing the budget or revenues. I’ve not had that opportunity. I doubt this budget will be turned down. This is just lack of respect to you as the tax payers. Legislator Yuhasz explained the goal discussion at the start of the year that all Legislators agreed to it, and they have achieved that. Chairman Fagan said as far as not having an opportunity to offer input, Legislator Halpin sat through three Management & Finance Budget Workshop meetings with numerous modifications offered and she was silent. He asked every legislator present at the last meeting if anyone wished to have an additional budget workshop and there was no further discussion. Legislator Halpin said she does not believe this has ever happened where the Management and Finance Committee has never turned the budget over to the full Legislature for action. She admitted that maybe she did not understand the process. Chairman Fagan explained that all she had to do was to ask for a workshop. She agreed that maybe she is remised, but feels it is still no reason to discuss my concerns now. Legislator Halpin stated that by law, they are allowed to have up until December 20th to adopt the budget. She does not know why they are rushing through the process. They have more time to work on this. Legislator Larison said he sat in on all the budget workshop meetings. Any person could have spoken up and offered alterations, all you had to do was ask. You are always allowed to speak with permission from the Chairman of that committee. Legislator Halpin said she did not bring in her recommendations until she had an opportunity to review this budget line by line. This budget was not looked at line by line. Legislator Karius suggested that maybe they should have more meetings to hear what concerns Legislator Halpin has and made the motion to table the Resolutions to adopt the 2012 budget. Vote 5-3. No: Gifford, Larison, Yuhasz. RESOLUTION NO. 317 RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2012 - TABLED 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 2012 would be held at 6:30 P.M. on November 14, 2011, in the Human Services Complex, Room 120, 323 Owego Street, Montour Falls, NY , and WHEREAS, the above-mentioned Public Hearing was held on November 14, 2011 at said time and place. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2012 as presented by the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the Schuyler County Legislature, to raise $10,080,070.00 by tax levy, be adopted. RESOLTUION NO. 318 RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2012" - TABLED ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 126 WHEREAS, the Schuyler County Legislature by Resolution No. 317, dated November 14, 2011, has adopted a budget for fiscal year 2012. NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the column entitled "2012" as amended, be, and the same hereby are, appropriated for the objects and purposes specified, effective January 1, 2012. RESOLUTION NO. 319 RE: 2012 BUDGET OF $42,492,951: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN - TABLED 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, 2011, levy the taxes for the County upon the basis of the full valuation of the taxable real property in accordance with Title 2, Article 8, the contribution of each Town to County taxes, and BE IT FURTHER RESOLVED, that the Chairman issue no later than December 31, 2011 the required certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler County. NEW BUSINESS: None. UNFINISHED BUSINESS: The Clerk of the Legislature informed the Legislators that the Historian is retiring and that the Historical Society will be holding an open house and farewell reception in the afternoon of Sunday December 11th from 2:00 – 4:00 p.m. at the Brick Tavern Museum. Instead of presenting a Certificate of Recognition to her at the December Regular Meeting of the Legislature, Chairman Fagan and Administrator O’Hearn have been invited to attend the open house and will present Barbara with her certificate of recognition for her years of service to the County then. The Clerk also asked if the Legislature wished to discuss the vacant County Attorney Position and starting the interview process to fill the position. Administrator O’Hearn stated that they have received three applications and resumes and they should create a three to four member panel to review and interview the candidates, along with the Personnel Officer. It was decided that the Chairman, Legislator Gifford, Legislator Halpin, and Administrator O’Hearn would make up that panel. REPORT ON STANDING COMMITTEES: None. COUNTY ADMINISTRATORS REPORT: None PUBLIC PARTICIPATION: Mr. Richard Scutari agrees with Legislator Halpin. He then quoted sales tax numbers for the past few years with and without Walmart being present. Each year we continue to have tax increases. Look at Chemung County, what are they doing that we are not? For six years they have not had any tax increases in Chemung County. Do they have better managers there? Chairman Fagan tried to explain the volume of growth there versus Schuyler County’s growth. Mr. Scutari named some growth we have experienced, such as Walmart, the new Hotel, WGI, etc. Chairman Fagan and Mr. Scutari had much discussion on sales tax figures. Mr. Ford asked if the County had explored military and Federal prison systems to purchase Government surplus. Administrator O’Hearn replied and informed Mr. Ford that they have, and that the Sheriff and the Highway Superintendent are both present this evening and could explain just how often they are on line in the Government Surplus website checking for equipment. Mr. Paul Marcellus said he wanted to note that during his Legislative term, there was never constraint of when you could and could not speak during any meetings. Mr. Alan Hurley made a statement regarding the property assessments in the Waneta and Lamoka Lakes districts. The assessments will increase the property values and at this time he feels that is alarming. He does not think that it is good timing with tax rates going up. Legislator Barnes wished to bring to the public’s attention that they have the chance to make some changes next year as every Senator is up for re-election in 2012. He told them they need to get out there and vote for those that are supporting the mandate relief. If we do not get some relief we will have no choices. Chairman Fagan wanted to thank the Department Heads and Administrator O’Hearn for their efforts with the budget. He realizes that this Legislature has put a lot on them and expected them to do more with less. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 127 The legislature appreciates what they do. MOTION by Legislator Larison to go into Executive Session to discuss employee work history, SECOND by Legislator Gifford. Motion carried eight ayes to zero noes. MOTION by Legislator Gifford to come out of Executive Session discussion, SECOND by Legislator Karius. Motion carried eight ayes to zero noes. A Legislator Budget Workshop meeting was set for November 30th following the Management & Finance Committee Meeting. The Meeting adjourned at 8:17 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk REGUALR MEETING DECEMBER 12, 2011 The December 12, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. County Administrator Timothy O’Hearn and Acting County Attorney Dennis Morris was also present. PUBLIC PARTICIPATION: Ms. Barb Kelly, from the Town of Dix, said she is was at the Resolution Review Committee meeting last week to ask that the Legislature not dissolve the Physically Handicapped Children Program. Her Daughter, Quincy, participates in the program and has for six years. The funds help pay for her medications that are not covered by our insurance. I’m asking that you please re-consider dissolving the program. Mr. Ford said he is here to make two points, to discuss the project at the Montour Falls intersection of Route 414 and the “Road Department” Mr. O’Hearn made some comments at the last meeting with figures used to base road repairs per mile. He said you could throw them out if you would consider contracting the road work out. He feels they could basically eliminate the Highway Department and contract it all out. He said we are broke now, so it is time to take some tough steps. You are raising the taxes and not showing due diligence on the budget process. Mr. O’Hearn doesn’t give you very many options just raise our taxes. He wonders why the budget process is the way it is. He feels they need to outsource jobs versus do it in house. He knows of this concept being proven in Essex County and in New Jersey. The municipalities fired their Road Department and have now contracted it all out. Think of the savings you would have. We know that all of the employee’s are hard working and loyal, and most are friends and families, but, it’s time to make some hard decisions. Mr. O’Hearn did not freeze pay, what about a month off for employees? Then there are health insurance costs. What about looking into other Counties, what about four or five other Counties? He also suggested hiring a time keeper. A person to study motion and time, to walk through the operation before you engage them. Mrs. Pat Hastings, Town of Dix, said we have a lot of people that are in trouble. The object when she was on the board was to bring taxes down. Now they just keep getting higher and higher. There are ways to cut the budget. She talked about the State and the Chamber Tourist Promotion Agency (TPA) funds. She is very concerned about SCOPED. She explained the TPA mechanics of the intent when the agreement was entered into. She feels the business people should handle SCOPED. The feelings at the time of the creation of SCOPED was that the tax payer funds would reimburse what the business pays them. That is not included in the contract, and it should be the biggest part of contract. See that this gets put in the contract. Get out of all things, except that of what is in the best interest to the people. We are the problem to the state. The State isn’t the problem to us. Mr. Alan Hurley, Town of Tyrone, said there is a study done of thirty-four Counties with exempt properties off tax rolls. It is very concerning to him that they have a not for profit status. He feels they need to encourage legislation to put controls in place and take a hard look at control for those allowances. You need to stay focused. The impact is hitting us for not for profit corporations. We need to produce business. We spend tons of money on failed programs. More needs to be done on this budget. Look at some programs and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 128 make cuts. The unfunded mandates, we need perseverance, dedication and plain guts. We need letters to go to our State and Federal Representatives asking them for relief. He cannot see the State not giving us something. 6:40 P.M. PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT: Mr. Jim Howell was present to reinforce the importance of this district and how it has improved the value of the properties within the district. With no other comments, the Public Hearing closed at 6:43 p.m. 6:45 p.m. PUBLIC HEARING ON THE LOCAL LAW INTRO. NO. 4 OF THE YEAT 2011 SERTING SALALRIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2012: Chairman Fagan let the public know that the details of this could be found in Intro No. 54 in the Resolution packet. Mr. Jim Seafuse, Town of Montour, asked who writes the figures for pay. Who in the room makes more than $100,000 other than your County Administrator? Chairman Fagan and Legislator Gifford named a few positions in the County that are paid comparable salaries. Mr. Seafuse said he feels the County Administrator is not doing a very good job. Chairman Fagan explained that it is not a question and answer time, they are here to hear your comments only. RESOLUTION NO. 320 Motion by Larison, Second by Gifford. RE: APPROVE THE MINUTES OF THE NOVEMBER 14, 2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the November 14, 2011 Regular Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 321 Motion by Barnes, Second by Larison. RE: AUTHORIZE GRANT APPLICATION FOR STATE HOMELAND SECURITY PROGRAM – EMERGENCY MANAGEMENT / SHERIFF WHEREAS, the New York State NYS Division of Homeland Security offered counties money for Homeland Security Preparedness, and WHEREAS, the Emergency Management Office and Sheriff’s Office wishes to apply for $88,000 in funds under the State Homeland Security Program, and WHEREAS, federal guidelines specify that 33.8% ($29,744) must be allocated towards law enforcement terrorism prevention activities, 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 State Law Enforcement Terrorism Prevention Program Grants; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 322 Motion by Barnes, Second by Larison. RE: AUTHORIZE CONTRACT WITH MID-STATE COMMUNICATIONS ELECTRONICS, INC. FOR MAINTENANCE/SERVICE AGREEMENTS OF THE COMMUNICATIONS SYSTEM – EMERGENCY MANAGEMENT/SHERIFF’S OFFICE WHEREAS, it is vital to have service available 24 hours a day, in the event of a failure, and WHEREAS, 911 consoles and radio infrastructure repair, labor and semi-annual preventive maintenance will be covered under this agreement with Emergency Management, and WHEREAS, Mid-State Communications has agreed to provide this service for $687.00 per month for Emergency Management, and WHEREAS, radio infrastructure, and mobile units repair, labor and semi-annual preventive maintenance will be covered under this agreement with the Sheriff’s Office, and WHEREAS, Mid-State Communications has agreed to provide this service for $591.00 per month for the Sheriff’s Office. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Mid-State Communications for the Emergency Management Department for 911 Console Maintenance for the total amount of $8,244.00, and execute a contract with Mid-State Communications for the Sheriff’s Office Maintenance for the total amount of $7,092.00 for the term January 1, 2012 to ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 129 December 31, 2012, funding available in the 2012 Emergency Management budget account no. 3689.435, and Sheriff’s budget account no. 3110.453, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 323 Motion by Barnes, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR BOARDING OF PRISONERS – SHERIFF’S OFFICE WHEREAS, there were significant unanticipated expenses involving boarding female inmates out to other correctional facilities which have caused the 2011 Sheriff’s Office budget to be depleted. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $50,000.00 from Contingency account no. 1990.500 to Jail account no. 3150.0456-Board Male and Female Prisoners. Vote 7-0. RESOLUTION NO. 324 Motion by Barnes, Second by Larison. RE: AUTHORIZE ACCEPTANCE OF 2011 GOVERNORS TRAFFIC SAFETY COMMITTEE – CHILD SAFETY SEAT PROGRAM GRANT – SHERIFF’S OFFICE WHEREAS, grant monies have been made available by the NYS Governors Traffic Safety Committee, for the purpose of assisting the Schuyler County Sheriff’s Office with obtaining equipment to enhance and improve the Child Safety Seat Program. Funding will be awarded to purchase a mobile fitting station, child safety seats and related equipment, and training for Child Safety Seat Technicians, and WHEREAS, this grant award is in the amount of $3,100.00, with no County matching funds, and no contract required. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County Sheriff’s Office is hereby authorized to accept the approved funding of $3,100.00 with no County match. Vote 7-0. RESOLUTION NO. 325 Motion by Barnes, Second by Larison. RE: AUTHORIZE DECREASING THE SALARY OF THE ASSISTANT DISTRICT ATTORNEY POSITION – DISTRICT ATTORNEY WHEREAS, the staffing needs of the District Attorney’s Office have been re-evaluated along with the loss of grant funding, and it is determined that the salary is to be reduced of the current Assistant District Attorney position. NOW, THEREFORE, BE IT RESOLVED, that the salary for the Assistant District Attorney position in the District Attorney’s Office be reduced to $29,221, effective January 1, 2012. Vote 7-0. RESOLUTION NO. 326 Motion by Barnes, Second by Larison. RE: AUTHORIZE CONTRACT WITH PAUL CORRADINI, ESQ. – PUBLIC DEFENDER’S OFFICE WHEREAS, due to various conflicts of interest, multiple defendants or multiple parties and overload cases, it would be beneficial to the county to enter into a contract for services of a conflicts defender, and WHEREAS, Attorney Paul Corradini has accepted the position of Conflicts Defender for the term January 1, 2012 through December 31, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Paul Corradini, Esq. for the Public Defender’s Office for conflicts of interest, multiple defendants or multiple parties and overload cases for the term January 1, 2012, to December 31, 2012, at a rate of $2,500.00 per month plus mileage (at the County rate), funding available in the 2012 Public Defender budget account no. 001-1170-0400-Contractual Services Indigent Legal Services Fund (ILSF); subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 327 Motion by Larison, Second by Barnes. RE: AUTHORIZE CONTRACT WITH BETH PECK – PUBLIC DEFENDER’S OFFICE WHEREAS, the Public Defender’s Office anticipates receiving Indigent Legal Services Fund (ILSF) revenues from the State for the year 2012 in the form of a $74,000 grant, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 130 WHEREAS, the Public Defender requires access to investigative services in order to adequately defend his clients, both in family court and criminal court. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Beth Peck for the Public Defender’s Office on an as needed basis at the rate of $30 per hour not to exceed $5,000 annually with mileage reimbursement at the current county rate, for the term January 1, 2012 through December 31, 2012; funding is available in the 2012 Public Defender budget account no. 1170.435; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 328 Motion by Larison, Second by Barnes. RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY BOARD (SCIDA) BE IT RESOLVED, that the Schuyler County Legislature hereby approves the re-appointment of Carl Taber and Jerry Marvel to the SCIDA board for a term of January 1, 2012 – December 31, 2014. Vote 7-0. RESOLTUION NO. 329 Motion by Larison., Second by Barnes. RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2012 AND RELATED CONTRACTS – YOUTH BUREAU WHEREAS, the Schuyler County Youth Bureau has prepared and the Schuyler County Legislature has approved a Resource Allocation Plan for the year 2012 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 2012 within budgeted allocations; subject to approval of the Schuyler County Attorney, as follows: Cornell Cooperative Extension Catholic Charities of the Southern Tier Vote 7-0. RESOLUTION NO. 330 Motion by Halpin. Second by Gifford. RE: DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU WHEREAS, the New York Office of Children and Family Services (OCFS) allows the County Chief Executive to delegate authority to their County’s Youth Bureau Directors to sign all amendments to their County’s approved allocation plan, and WHEREAS, Schuyler County has already given authority to their Youth Bureau Director to sign amendments to the fullest extent of his/her authority by OCFS standards. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize its Chairman to delegate authority to the Schuyler County Youth Bureau Director to sign OCFS amendments to the Schuler County approved Resource Allocation Plan after approval from the Schuyler County Youth Board and with appropriate reporting to the Human Service Committee of the Legislature. Vote 7-0. RESOLUTION NO. 331 Motion by Halpin, Second by Gifford. RE: AUTHORIZE CONTRACT RENEWAL WITH CATHOLIC CHARITIES TO PROVIDE CRISIS AND PREVENTION WORKERS FOR THE FAMILIES FIRST PERSON IN NEED OF SUPERVISION (PINS) DIVERSION PROGRAM-YOUTH BUREAU WHEREAS, there is a need for Crisis And Prevention (CAP) workers in the Families First program to administer the Persons in Need of Supervision (PINS) Diversion program, and WHEREAS, the Department of Social Services has a contract with the Youth Bureau to oversee the PINS Diversion program and has funds available through Child Welfare Funds for Family Services to pay for the agreement, and WHEREAS, the Youth Bureau contracted with Catholic Charities for the 2 CAP workers in 2011. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 131 renewal agreement with Catholic Charities at a cost not to exceed $115,206 for the term of January 1, 2012 through December 31, 2012, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 332 Motion by Halpin, Second by Gifford. RE: AUTHORIZE CONTRACT RENEWALS FOR 2012 WITH SCHUYLER COUNTY 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 and Office for Aging have money in their respective budgets to support the Families First program for the year 2012. 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 2012, subject to the approval of the Schuyler County Attorney: Office for the Aging Social Services Vote 7-0. RESOLUTION NO. 333 Motion by Halpin, Second by Gifford. RE: AUTHORIZE USE OF THE FAMILY PLAY AND RESOURCE CENTER FOR SUPERVISED VISITATIONS DURING NON OPERATING HOURS WITH CATHOLIC CHARITIES – YOUTH BUREAU WHEREAS, the Youth Bureau oversees the Family Play and Resource Center program, and WHEREAS, there is a need in Schuyler County for supervised visitations in an appropriate place for children and parents, and WHEREAS, Catholic Charities of Schuyler County is looking to fill this need through an agreement with the YWCA of Chemung County, and WHEREAS, the Family Play and Resource Center is not open for use on Mondays, and WHEREAS, the term of this contract will be January 1, 2012 until December 31, 2012 at no cost. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned contract for the use of the Family Play & Resource Center for supervised visitation; subject to review and approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 334 Motion by Halpin, Second by Gifford. RE: AUTHORIZE CONTRACT WITH CATHOLIC CHARITIES FOR COVERAGE AND SUPERVISION OF THE FAMILY PLAY AND RESOURCE CENTER (FPRC) – YOUTH BUREAU WHEREAS, the Youth Bureau has Triangle Fund Grant money for coverage and supervision, and WHEREAS, Catholic Charities has agreed to provide staff to provide coverage and supervision of the FPRC for 10 hours a week in the FPRC, and WHEREAS, this contract will be for the limited time of September and October 2011. NOW, THEREFORE, BE RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the contract with Catholic Charities provide coverage and supervision of the FPRC for a term of September – October 2011, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLTUION NO. 335 Motion by Halpin, Second by Gifford. RE: AUTHORIZE TRANSFER OF FUNDS TO REPLENISH THE COMMUNITY SERVICES BOARD RESERVE ACCOUNT – COMMUNITY SERVICES WHEREAS, Resolution 482-98 established a Community Services Board reserve account of $50,000 to cover expenses related to major repairs and projects at the Mill Creek Center building, and WHEREAS, this reserve has been utilized for payments of authorized repairs since that time, and WHEREAS, Resolution No. 225-11 authorized the transfer of $1,957.50 from the reserve account to account 4310.427 Building Repairs, to cover anticipated repairs for 2011. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 132 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer any unspent funds from account 4310.427 back to the reserve account, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer any remaining available funds from the 2011 Community Services Budget to replenish this reserve up to, but not to exceed, the authorized amount of $50,000. Vote 7-0. RESOLUTION NO. 336 Motion by Halpin, Second by Larison RE: AUTHORIZE AMENDMENT TO CONTRACT WITH BARBARA HISLOP, SPEECH THERAPIST – PUBLIC HEALTH WHEREAS, Schuyler County has a contract with Barbara Hislop, Speech Therapist to provide individual services to eligible preschoolers, and WHEREAS, there is a need to amend the contract to include group therapy rate of $32.50 per child, per half hour group session. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to amend the contract with Barbara Hislop, Speech Therapist, funding being available in the 2011 budget, account no. 4010.490; subject to the approval of the Schuyler County Attorney Vote 7-0. RESOLTUION NO. 337 Motion by Halpin, Second by Larison. RE: AUTHORIZE CANCELLATION OF THE PHYSICALLY HANDICAPPED CHILDREN’S PROGRAM – PUBLIC HEALTH WHEREAS, there is a need to reduce the tax burden in Schuyler County, and WHEREAS, the Physically Handicapped Children’s Program is not mandatory, and WHEREAS, the Program represents a 50% local share. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County legislature wishes to eliminate the Physically Handicapped Children’s Program from the 2012 budget. DISCUSSION: Legislator Halpin advised the people present to be assured that this decision is merely due to the fact that it is a non mandated program. The recommendation came from the department, and she feels the program should have been evaluated against all others. She hopes the department had not cut this without evaluating the program. Legislator Barnes asked what the local share was. Administrator O’Hearn replied that the local share is fifty percent of what would be spent. Chairman Fagan also replied that the current year’s local share is $5,000.00. He also commented that he did not have the figures for the year to date expenditures. Vote 5-2. Noes: Field, Barnes. RESOLUTION NO. 338 Motion by Halpin, Second by Larison. RE: AUTHORIZE AGREEMENT FOR WASTEWATER MANAGEMENT INTERMUNICIPAL AGREEMENT – TOWNS OF ORANGE AND TYRONE – PUBLIC HEALTH WHEREAS, the Intermunicipal Agreement authorizes the Watershed Protection Agency 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 $15,000 will be paid to the Watershed Protection Agency for the inspection program for each year. 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, 2012 through December 31, 2013, at no local share cost, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 339 Motion by Halpin, Second by Field. RE: AUTHORIZE AGREEMENT FOR WASTEWATER MANAGEMENT INTERMUNICIPAL AGREEMENT – TOWN OF WAYNE – PUBLIC HEALTH ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 133 WHEREAS, there is an Intermunicipal agreement between Public Health Watershed Protection Agency and the Towns of Orange and Tyrone, for the provision of wastewater inspections in the amount of $15,000 to be paid to the Watershed Protection Agency, and WHEREAS, the Town of Wayne will provide inspections of onsite wastewater treatment systems pursuant to their local wastewater management law, and WHEREAS, the inspections will be conducted by the Town Wastewater Inspector within the Lamoka Waneta Lake Protection district for Schuyler County, and WHEREAS, the Watershed Protection Agency will pay the Town of Wayne $4,000 each year for the inspection program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement between the Town of Wayne and the Watershed Protection Agency, Public Health for the inspection of Wastewater Treatment Systems for the term January 1, 2012 through December 31, 2013, in an amount not to exceed $4000 each year, funding for 2012 available in the Public Health Budget, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 340 Motion by Halpin, Second by Field. RE: ADOPT REVISED FEE SCHEDULE FOR WATERSHED PROTECTION AGENCY - PUBLIC HEALTH WHEREAS, it has been deemed appropriate by the Schuyler County Public Health Committee to set fees for certain services performed by the Watershed Protection Agency, as follows: 1. Septic system permits – New Construction $200.00* 2. Septic system permits – Conversion $200.00* 3. Septic system permits – Complete Replacement $200.00* 4. Septic system permits – Submitted Plans $200.00* 5. Septic system permits – Septic tank up grade $100.00* 6. Septic system permits – partial repair/expansion $200.00* 7. Septic system permits – renewals or transfer $100.00* 8. Septic system permits – holding tank / vault privy $100.00* 9. Site evaluation per lot for new construction septic system $200.00* 10. Site evaluation for conversion, expansion or modification septic system $100.00* 11. Site evaluation for replacement septic system $50.00* 12. Property transfer or refinancing septic evaluation $195.00* 13. Property transfer or refinancing septic evaluation – failed system $100.00* 14. Property transfer or refinancing – water supply flow test $100.00* 15. Property transfer or refinancing – water supply flow test and water analysis $100.00* 16. Engineer review and approval $200.00* 17. Septic tank locating - probe, detector or transmitter $75.00-$100.00* 18. Collection fee per collected sample plus analysis $20.00* 19. Processing fee per collected sample >1 plus analysis $5.00* 20. Handling fee per non collected sample plus analysis $15.00* 21. Processing fee per non collected sample >1 plus analysis $4.00* 22. Radon in air test $75.00* 23. Field consultation per 1/2 hour $50.00* 24. Non inspection visit (No Show) $50.00* 25. Flood statement affidavit $25.00 26. Well site approval for new construction $100.00* 27. Well site approval for replacement wells (includes one bacteriological sample) $100.00* 28. Certificate of Compliance $50.00* 29. Property Determination Report $50.00* 30. Miscellaneous Products – DPD Chlorine Test Kits $100.00* 31. Miscellaneous Products – DPD Chlorine Pouch (100 per pack) $50.00* ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 134 *indicates a rate change 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 reduce the sample collection, processing and/or handling fee for sampling services as a result of multiple visits, with justification on written record. Vote 7-0. RESOLUTION NO. 341 Motion by Halpin, Second by Field. RE: AUTHORIZE AMENDING RESOLUTION NO. 266-11 FOR CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT PROGRAM –PUBLIC HEALTH WHEREAS, the Children with Special Health Care Needs Grant Program wishes to execute a three year contract, and WHEREAS, Resolution No. 266-11 authorized a one year contract. WHEREAS, the amount of the contract should total $48,843 and should run through September 30, 2014, with each year having an amount of $16,161. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby amends Resolution No. 266-11 to authorize a three year term with a total amount of the grant being $48,843.00 with the yearly budget amount of $16,161.00. Vote 7-0. RESOLUTION NO. 342 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT WITH NEW YORK STATE DEPARTMENT OF HEALTH (NYSDOH) FOR PURCHASE OF SUPPLIES – PUBLIC HEALTH WHEREAS, the NYSDOH has offered Schuyler County Public Health funds to purchase supplies to assist in billing for immunizations, and WHEREAS, Schuyler County Public Health wishes to accept these funds totaling $4,238 to purchase the needed supplies by the end of 2011. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is authorized to sign said contract pending approval by the Schuyler County Attorney for the period of December 1, 2011 – December 31, 2011. Vote 7-0. RESOLUTION NO. 343 Motion by Halpin, Second by Field. RE: AUTHORIZE DECREASING THE HOURS OF THE DIRECTOR OF VETERANS SERVICE AGENCY POSITION FROM A 25 HOUR WORK WEEK TO A 20 HOUR WORK WEEK – VETERANS AGENCY WHEREAS, the staffing needs of the Veterans Office have been re-evaluated along with the new funding coming from Social Services, and it is determined that the needs can be met by decreasing the hours of the current Director of Veterans Service Agency from a 25 hour work week back to a 20 hour work week, and WHEREAS, said vacant Veterans Service Officer position in the office shall be filled at a 20 hour work week also. NOW, THEREFORE, BE IT RESOLVED, that the Director of Veterans Service Agency hours be reduced from a 25 hour a week position to a 20 hour per week position effective January 1, 2012, at a salary of $22,596. Vote 7-0. RESOLUTION NO. 344 Motion by Halpin, Second by Field. RE: AUTHORIZE 2012 SUB LEASE AGREEMENT WITH AIM INDEPENDENT LIVING CENTER - BUILDINGS AND GROUNDS WHEREAS, Schuyler County Youth Bureau has vacant office space at 323 Owego Street Unit 6, Montour Falls, and WHEREAS, Schuyler County Youth Bureau is in support of sharing their vacant space, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 135 WHEREAS, AIM Independent Living Center is seeking office space to lease. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a 2012 sub lease agreement with the AIM Independent Living Center for use of cubicle no. 8 and cubicle no. 9 in unit 6 of the Schuyler County Youth Bureau, at a cost of $5,000 per year, payable annually, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 345 Motion by Larison, Second by Gifford. RE: AUTHORIZE AN ON-GOING CONTRACT WITH AIM INDEPENDENT LIVING CENTER FOR PHONE SERVICE – BUILDINGS AND GROUNDS BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an on- going contract with the AIM Independent Living Center for telephone service in the 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. Vote 7-0. RESOLUTION NO. 346 Motion by Larison, Second by Gifford. RE: AUTHORIZE MONTH-TO-MONTH LEASE AGREEMENT WITH DAVID WOOD - BUILDINGS AND GROUNDS WHEREAS, the Animal Shelter will be moving from 2598 Van Zandt Hollow Road, Watkins Glen to its new location in 2012, and WHEREAS, Schuyler County is anticipating the sale of property, pursuant to County Law Section 215, located at 2598 Van Zandt Hollow Road, Watkins Glen, and WHEREAS, David Wood has leased said property for over 20 years with as part of the rental agreement the requirement of working thirty-two (32) hours per month at the Dog Shelter and Residence, and WHEREAS, the required work at the Animal Shelter will dramatically decrease after the Animal Shelter moves, the rent rate will be increased to $500 for the month(s) after the County Animal Shelter is unoccupied and prior to the sale of the property. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a lease contract on a month-to-month basis for the contract year of 2012 with David Wood, for rent of one bedroom farm house located at 2958 Van Zandt Hollow Road, Watkins Glen, NY, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 347 Motion by Larison, Second by Gifford. RE: AUTHORIZE TRANSFER OF FUNDS FROM BUILDINGS ACCOUNT TO GROUNDS ACCOUNT – BUILDINGS AND GROUNDS WHEREAS, the Grounds Maintenance Supplies and Grounds Personnel Overtime accounts are over budget, and WHEREAS, funds in the amount of $1,850.81 are needed to cover these expenses in addition to purchasing Tires for the 2009 Ford F250 Truck, and WHEREAS, there are funds available in the Buildings Professional Fees and Services 1620.435 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to make the following transfers: AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO. $1,700.00 Prof. Fees and Services 1622.427 – Maintenance Supply $ 150.81 Prof. Fees and Services 1622.101 - Grounds Overtime Vote 7-0. RESOLUTION NO. 348 Motion by Larison, Second by Barnes. RE: AUTHORIZE CONTRACT RENEWAL WITH CLIMATE CONTROL TECHNOLOGIES, INC. – BUILDINGS & GROUNDS WHEREAS, HVAC Building Automation Systems (BAS) are currently being used in four County Buildings, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 136 WHEREAS, the Direct Digital Controls (DDC) requires the services of a trained software engineer, licensed to own and use headend supervision and programming software, and WHEREAS, Climate Control Technologies does remote site monitoring, inspecting, diagnostics and maintaining of these systems, and WHEREAS, this contract is oriented towards engineering services, not on-site maintenance and repair, and WHEREAS, Climate Control Technologies, Inc. has agreed to provide these services, at a cost of $455.00 per month, with an added charge for mileage for on-site billable work. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Climate Control Technologies, Inc., 33 Brookside Avenue, Endwell, NY 13760 for the term of January 1, 2012 to December 31, 2012 at a cost of $455.00 per month with an added charge for mileage for billable on-site work, with funding available in the 2012 budget, account no. 1620.400 and 1620- 490; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 349 Motion by Larison, Second by Barnes. RE: AUTHORIZE CONTRACT EXTENSION WITH DICK’S ENTERPRISE -HIGHWAY WHEREAS, the Highway Superintendent and the Public Works Committee agree there is a need for dead deer removal, and WHEREAS, Dick’s Enterprise has agreed in writing to extend the original agreement for an additional three years under the same terms and conditions, at a price of $31.00 for each removal. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract extension with Dick’s Enterprise effective January 1, 2012 through December 31, 2014; pending funding available in the 2012 budget account no. 2.5110.400; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 350 Motion by Larison, Second by Barnes. RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS FOR ENGINEERING SERVICES FOR THE MILL STREET BRIDGE REPLACEMENT, VILLAGE OF ODESSA – HIGHWAY WHEREAS, the Highway Superintendent received and reviewed three proposals for Engineering Services for the Mill Street over Deckertown Creek bridge replacement, and WHEREAS, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following proposal from Hunt Engineers, at the lowest proposal of $37,500, and WHEREAS, there is money available in the 2011 budget account 2.5020.400 for said project. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to retain Hunt Engineers for engineering services for the Mill Street over Deckertown Creek Bridge Replacement, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED that the other proposals be rejected, with a note of appreciation for their participation. Vote 7-0. RESOLUTION NO. 351 Motion by Larison, Second by Gifford. RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS FOR CONSTRUCTION INSPECTION SERVICES OF COUNTY ROAD 4 BRIDGE REPLACEMENT – HIGHWAY WHEREAS, Resolution No. 301-11, authorized the contract with Silverline Construction for the County Road 4 Bridge Replacement, and WHEREAS, Hunt Engineers has proposed Construction Inspection Engineering Services for the bridge replacement in the amount of $112,000, and WHEREAS, funding for the said project is in the 2012 budget and reimbursed 80% Federal, 15% State and 5% local. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts the proposal price of $112,000 for engineering services from Hunt Engineers for the Construction Inspection of the County Road 4 Bridge Replacement, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 137 BE IT FURTHER RESOLVED, that the Chairman be authorized to sign the contract with Hunt Engineers for the County Road 4 Bridge Replacement at the price of $112,000, pending approval of the funding available in the 2012 budget account no. 2.5120.400, subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 352 Motion by Larison, Second by Gifford. RE: RESOLUTION IN SUPPORT OF LEGISLATION PROPOSED BY CONGRESSMEN REED ENTITLED “BENEFICIAL UPGRAGES FOR INVESTMENT AND LOCAL DEVELOPMENT OF BRIDGES ACT OF 2011”- HIGHWAY WHEREAS, Congressman Reed has proposed legislation, designed with input from County Highway Superintendents in Congressional District 29 that will significantly reduce the time (up to 3 months) and cost (15-20%) of design of simple road and bridge replacement or rehabilitation projects, and WHEREAS, the bill seeks to require only one environmental review for road and bridge replacement projects by elimination the requirements of doing both Federal Environmental Regulatory Review (NEPA) and NYS Environmental Review (SEQR) for projects supported with Federal Funds, and WHEREAS, the bill exempts projects of this type NEPA review by offering an automatic Categorical Exclusion and allow State Environmental review processes to govern, and WHEREAS, such exemptions are encouraged under NEPA regulation when history has shown no adverse environmental effects occur for certain types of infrastructure projects, as is the case for simple road and bridge rehabilitation/reconstruction projects. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the legislation proposed by Congressman Reed as a necessary step in reducing burdensome and redundant regulation that delay the prompt and cost effective delivery of Highway projects supported through the Federal Surface Transportation program, and BE IT FURTHER RESOLVED that copies of this resolution be sent by the Schuyler County Clerk of the Legislature to Congressman Reed, Senator Gillibrand, and Senator Schumer. Vote 7-0. RESOLUTION NO. 353 Motion by Larison, Second by Gifford. RE: COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2011 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 2011 for the Lamoka/Waneta Lakes’ Protection and Rehabilitation District in the Towns of Orange and Tyrone, in the County of Schuyler, and State of New York for the budget year 2012 has been completed and properly filed with the Schuyler County Real Property Tax Service Agency at its office in the Schuyler County Office Building at 105 Ninth Street, Watkins Glen, New York, for review and inspection by the public and interested parties, and WHEREAS, proper notice of the completion and filing of said assessment roll and also proper notice that the Public Hearing on the assessment roll would be held by the County Legislature of the County of Schuyler in the Legislative Chambers, 105 9th Street, Watkins Glen, NY on December 12 at 6:40 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 12th day of December, 2011, and any persons appearing in regard to the said assessment roll having been heard. NOW, THEREFORE, BE IT RESOLVED, said assessment roll for the year 2011 for the Lamoka/Waneta Lakes District in the Towns of Orange and Tyrone, in the County of Schuyler, and State of New York be hereby approved as completed and filed in the office of the Schuyler County Real Property Tax Service Agency, and BE IT FURTHER RESOLVED, that the Director of the Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer shall see to the proper procedure for the levy and collection of the ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 138 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 7-0. RESOLUTION NO. 354 Motion by Gifford, Second by Barnes. RE: DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT TAXES DUE JANUARY 2012 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 2012, 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 7-0. RESOLUTION NO. 355 Motion by Gifford, Second by Barnes. RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO BE CHARGED ON THE JANUARY, 2012, 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 to be charged on the 2012 Town and County tax bill, per Town resolution No. 147, as a separate item for the amount of the arrears. NOW, THEREFORE, BE IT RESOLVED, that the delinquent water bills for the Town of Hector be added to the January, 2012, 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. 356 Motion by Gifford, Second by Barnes. RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2012, 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 2012 Town and County tax bills as shown in the Town of Reading Resolution No.52. NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of Reading be added to the January, 2012, 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. 357 Motion by Gifford, Second by Karius. RE: ACCEPT/REJECT 2011 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 November 19, 2011. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts the following bids to wit: BIDDER’S NAME: Joseph Champion ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 139 BIDDER’ ADDRESS: 2269 Riverside Drive, Sayre, PA 18840 AMOUNT OF BID: $6,300.00 FORMER OWNER: ANG Lodging Corp. TAX MAP 94.02-1-3 LOCATION: Town of Dix BIDDER’S NAME: Patrick Donahue BIDDER’ ADDRESS: 2863 South Hill Rd, Burdett, NY 14818 AMOUNT OF BID: $4,350.00 FORMER OWNER: Graham TAX MAP 34.-1-12.113 LOCATION: Town of Hector BIDDER’S NAME: Joy Goodsell BIDDER’ ADDRESS: 38 Main Street, Savona, NY 04879 AMOUNT OF BID: $6,000.00 FORMER OWNER: Smith TAX MAP 29.-1.29.17 LOCATION: Town of Tyrone BE IT FURTHER RESOLVED, the Schuyler County Attorney is directed to prepare appropriate deeds and documents pertinent to such conveyance within thirty days of this authorization, and BE IT FURTHER RESOLVED, the Chairman of the Schuyler County Legislature is authorized to execute such deeds and attending documents and the Schuyler County Treasurer is authorized to deliver and record such deeds and attending documents upon full payment of the bid purchase price balance to the County of Schuyler. Vote 7-0. RESOLUTION NO. 358 Motion by Gifford, Second by Karius. 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, 2011 through September 30, 2011, 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 APRIL 1, 2011 THROUGH SEPTEMBER 30, 2011 TOWNS Amount Due VILLAGE S Amount Due Catharine $6,271.69 Burdett $596.97 Cayuta $1,184.05 Montour Falls $5,147.20 Dix $11,398.74 Odessa $1,271.53 Hector $27,937.76 Watkins Glen $5,784.94 Montour $13,054.26 Orange $6,929.63 Reading $12,955.16 Tyrone $11,299.21 TOTALS $91,030.50 $12,800.64 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 140 APPROVED BY COMMITTEE: Thomas M. Gifford Michael A. Yuhasz Stewart F. Field Philip C. Barnes Vote 7-0. RESOLTUION NO. 359 Motion by Gifford, Second by Karius. RE: SET DATE - 2011 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the final meeting of the year 2011 for the Schuyler County Legislature be held on Wednesday, December 28, 2011, in the Legislative Chambers at 9:00 a.m. and that appropriate legal notice be published in the official newspaper of the County. Vote 7-0. RESOLUTION NO. 360 Motion by Gifford, Second by Larison. RE: SET DATE - 2012 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the 2012 Organizational Meeting of the Schuyler County Legislature shall be held on Wednesday, January 4, 2012 in the Legislative Chambers at 9:00 a.m. and that appropriate legal notice be published in the official newspaper of the County. Vote 7-0. RESOLUTION NO. 361 Motion by Gifford, Second by Larison. RE: RESOLUTION STATING THAT CERTAIN ELECTED OFFICIALS ON THE PAYROLL SHALL FORGO THEIR PAY INCREASE OVER THE BUDGETED 2% WHEREAS, Local Law No. 3 of the Year 2009 established that each elected official’s salary in this Local Law shall be adjusted to receive each fiscal year of their term, 2010, 2011, 2012, and 2013, a raise based on the Consumer Price Index (CPI), and WHEREAS, said CPI was set at 2.3% for the Year 2012 and the Legislature budgeted a 2% increase for all non-union County employees, and WHEREAS, all eight Legislators, including the Chairman, have volunteered to forgo their pay increase over the 2% budgeted for the year 2012 to assist the County with its difficult budget cuts. NOW, THEREFORE, BE IT RESOLVED, all eight legislators on the payroll will only receive a 2% raise for the year 2012. DISCUSSION: Legislator Halpin asked why her individual Resolution to decline her salary increase was removed from the Agenda. The Clerk to the Legislature explained that during Legislative Resolution Review Committee Meeting (LRRC) last week she announced that it was going to be removed from the Agenda after reviewing the opinion from the County Attorney’s Office that it was illegal to do. Legislator Halpin replied by saying that she can do whatever she wants with her salary. She then stated that she wants her salary reduced. She wanted to know why she was not informed that it was going to be removed. Chairman Fagan said Legislator Halpin, you where at the same meeting. There was additional discussion back and forth with Chairman Fagan and Legislator Halpin. Legislator Halpin then said she does not understand why the Legislature keeps raising taxes and then turns around and accepts a raise. Legislator Karius said to Legislator Halpin that she is a woman with a husband, I am a widow living on a fixed income. I drive the farthest to attend all of these meetings and feels this little bit isn’t going to break the County. Chairman Fagan asked the Acting County Attorney, Dennis Morris, to speak on this. Acting County Attorney Dennis Morris said that a salary cannot be changed mid-term of an elected person. Chairman Fagan asked if fringe benefits could be modified. Attorney Dennis Morris replied with, yes, those can be changed at any time. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 141 Vote 7-0. RESOLUTION NO. 362 Motion by Gifford, Second by Larison. RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING WHEREAS, various departments have items to be declared surplus or junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the following assets surplus or junk, and BE IT FURTHER RESOLVED that the following items are to be bid out, placed in storage for an auction or disposed of. JUNK Asset # Description Serial # Department 5901 GX520 Dell Optiplex 8FGQL81 OFA (IT) 6025 GX520 Dell Optiplex HJ0Q891 OFA (IT) 5902 17” FP LCD Monitor CNOD5428728725826215 OFA (IT) 6066 Infocus Projector N/A IT 1474 APC Backup FB9647167610 Legislature 5162 HP Printer LJ1200 Cty Atty 4487 Canon Fax UXM57779 D.A. N/A Computer, Optiplex N/A D.A. 3034, 3042, Chairs N/A Probation 3057, 3058 & 4883 6016 Minitower GX620 1GJ7W91 Real Prop 4858 Computer, Pentium 111 N/A D.A. 4859 Computer, Pentium 111 N/A D.A. 5474 2) Computers, Danica N/A D.A. 5742 Computer, Optiplex GX280 5098R51 D.A. N/A Computer, Optiplex GX280 unknown D.A. 6019 Computer, Optiplex GX520 DT6BJ91 D.A. 5164 Computer Palm M130 M130 Mental Health 5260 Computer Palm M130 M130 Mental Health 5425 Palm Pilots M125 (19) Mental Health 5000 Battery Backups SAB0101242588 Mental Health 5001 Battery Backups SAB0101242623 Mental Health 5002 Battery Backups SAB0101242623 Mental Health 3119 Backups APC SFB9803107067 Mental Health 3133 Backups APC SFB9803107975 Mental Health 3219 Backups APC SFB9802094036 Mental Health 3494 Backups APC PB9821570432 Mental Health 3602 Backups APC B94032263930 Mental Health 3603 Backups APC FB9645088326 Mental Health 3605 Backups APC FB9704523100 Mental Health 3606 Backups APC FB9703504628 Mental Health 3609 Backups APC FB9704523171 Mental Health 3610 Backups APC AB0111242636 Mental Health 3611 Backups APC FB9704540055 Mental Health 745 SAFCO Slide Projector 171645 Public Health 3114 APC backup SFB9803107970 Public Health 3115 APC backup SFB9803107956 Public Health 3135 APC backup SFB9803107965 Public Health 3220 APC backup SFB980294037 Public Health ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 142 3462 APC backup FB9812289097 Public Health 3113 APC backup SFB9803107188 Public Health 4630 APC backup FB747047370 Public Health 5026 APC backup SAB010242535 Public Health 1996 APC backup SFB9722945037 Public Health 6024 GX520 Dell Optiplex DJOQ891 Probation 6027 GX520 Dell Optiplex 9JOQ891 Probation 1474 Backup, APC FB9647167610 Legislature 3506 Chair, Gray Cloth with Wooden Arms Legislature 4935 Table, Hon Adjustable AM3060 Legislature 6020 GX520 Dell Optiplex BT6BJ91 Veterans 4028 Chair, Gray/black cloth 5686910 DSS 1248 Typewriter IBM Wheel Writer6747-11-9672247 DSS 4397 Television, Zenith TV/VCR 75112470524 DSS Sheriff’s Department: 5761 Xerox fax SMKL021422 4932 Jotto laptop mount 4962 monitor HDF1K1007710 5241 computer network service 5418 computer 4778 monitor 4921 printer [PHONE REDACTED] computer 4334 monitor 4642 tape drive DN1JSQ 3717 printer USM8350302 3720 printer USM8352262 4107 scanner HAL00194A000404 1083 fax machine 1978 license misc. software 1979 software misc. computer 3210 software misc. applications 3347 camera 5267950 3348 camera 5269705 5020 monitors 47436598107E2174H 4512 CD rewriter 19130 3541 fax Panasonic 351111560 3542 printer P1180-001 1849 printer 2044 printer 177PABA 0026 printer SSG5CC1Z0GD 1970 modem 1971 modem 1975 token ring 94054474B 1976 token ring 94491157B 3288 outboard motor, Johnson J3867762 (surplused & auctioned several years ago with boat) 5834 outboard engine, Evinrude G04180011 (surplused & auctioned several years ago with boat) 6173 drive quantum R0068G 6017 computer 5GJ7W91 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 143 5191 holster 4571,4572, 4574,4575,4576,4577, Y7WCA, Y7WCB, Y7WCD, Y7WCE, Y7WCF, 4578,4579,4580,4581 computers Y7WCG, Y7WC6, Y7WC5, Y7WC4 4566, 4568, 4569 laptops Y7WBU; Y7WBV; Y7WC8 3790 printer USMB355210 3818 computer 3819 monitor HD7018031497 3772 printer JPCD011072 1572, 2458 lightbars, Streethawk 1448, 1449 lightbars federal SURPLUS Asset # Description Serial # Department 6745 2003 Ford Crown Victoria 2FAFP71W23X121822 Sheriff 1104 1995 CHEVROLET CAPRICE 1G1BL52PASR189142 Sheriff N/A 1994 CHEVROLET CAPRICE 1G1BL52P6RR166483 Sheriff 4719 2000 Ford Expedition 1FMPU16L2YLC36312 Sheriff 4445 2000 Ford Taurus 1FAFP5229YA179121 Mental Health Vote 7-0. RESOLUTION NO. 363 Motion by Gifford, Second by Larison. RE: AUTHORIZATION TO CONVEY AN EASEMENT THROUGH LAND LOCATED IN THE COUNTY’S SENECA HARBOR PARK TO DORIS AND HENRY F. LEMBECK IV – BUILDINGS AND GROUNDS WHEREAS, Doris and Henry F. Lembeck, IV, (Grantee) of 4833 Willow Point Rd, Burdett, NY 14818, has requested an easement over a portion which includes a small 4054 sq. ft. section of park land, of which 1582 sq. ft. is part of the railroad right of way included in Seneca Harbor Park, and WHEREAS, this portion of the park is currently utilized as a parking/driveway area and this use will not change as a result of this action, and WHEREAS, the aforementioned development is contingent on Seneca Harbor Place, LLC obtaining access to their property, and WHEREAS, said access is only available utilizing a small portion of parkland which is already suitable for this access with no disruption to park use or activities, and WHEREAS, the County of Schuyler (Grantor) is willing to accommodate the grantee in this regard in consideration of local economic development. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The County of Schuyler hereby grants to Doris and Henry F. Lembeck, IV, a Permanent Terminable Easement in the form hereunto annexed, as drawn by the Schuyler County Attorney. 2. The Chairman is authorized to execute all documents necessary to complete the transaction. 3. A certified copy of this resolution be recorded in the Schuyler County Clerk’s Office together with the easement and survey data performed Thomas G. Merrill Professional Land Surveyor. Vote 7-0. RESOLUTION NO. 364 Motion by Fagan, Second by Barnes. RE: ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SOCIAL SERVICES BE IT RESOLVED, that the Tentative Budget for 2012 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$20,495 6010.435 Professional Fees/Services 5,000 6010.3610 State Aid-Administration Revenue 9,000 6010.4610 Federal Aid-Administration Revenue Vote 7-0. RESOLTUION NO. 365 Motion by Fagan, Second by Barnes ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 144 RE: ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – INFORMATION TECHNOLOGY BE IT RESOLVED, that the Tentative Budget for 2012 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$20,495 1680.1289 Other Gen. Govt Income-Training Revenue Vote 7-0. RESOLUTION NO. 366 Motion by Fagan, Second by Barnes. RE: ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SHERIFF BE IT RESOLVED, that the Tentative Budget for 2012 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$40,000 3150.456 Boarding of Male & Female Prisoners Vote 7-0. RESOLUTION NO. 367 Motion by Fagan, Second by Barnes. RE: ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – TREASURER BE IT RESOLVED, that the Tentative Budget for 2012 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$1,000 1325.1091 Penalties on Special Assessments Revenue Vote 7-0. RESOLTUION NO. 368 Motion by Fagan, Second by Barnes. RE: ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – COUNTY CLERK BE IT RESOLVED, that the Tentative Budget for 2012 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$500 1420.407 Microfilming Vote 7-0. RESOLUTION NO. 369 Motion by Fagan, Second by Barnes. RE: ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – BOARD OF ELECTIONS BE IT RESOLVED, that the Tentative Budget for 2012 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$1,000 1450.409 Conference Expense Vote 7-0. RESOLUTION NO. 370 Motion by Fagan, Second by Barnes. RE: ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – CENTRAL GARAGE BE IT RESOLVED, that the Tentative Budget for 2012 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$1,100 1640.236 Small Equipment Vote 7-0. RESOLUTION NO. 371 Motion by Fagan, Second by Barnes. RE: ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SHERIFF/CONTROL OF DOGS BE IT RESOLVED, that the Tentative Budget for 2012 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$500 3510.101 Overtime Vote 7-0. RESOLUTION NO. 372 Motion by Fagan, Second by Barnes. RE: ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – WATERSHED ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 145 BE IT RESOLVED, that the Tentative Budget for 2012 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$250 4050.410 Copier Supplies -$250 4050.439 Telephone Vote 7-0. RESOLUTION NO. 373 Motion by Fagan, Second by Barnes. RE: ALTERATION OF THE 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – MENTAL HEALTH BE IT RESOLVED, that the Tentative Budget for 2012 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$500 4310.429 Medical Supplies -$500 4310.433 Postage and Freight -$1,000 4310.440 Travel Expense -$2,000 4310.444 Car Operation and Expense -$1,000 4310.534 Program Supplies Vote 7-0. RESOLTUION NO. 374 Motion by Larison, Second by Gifford. RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 2011 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2012 WHEREAS, Local Law Intro. No. 4 of the Year 2011 Setting Salaries for Certain Public Officers for the Year 2012 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held December 12, 2011 at 6:45 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4 of the Year 2011, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 4 of the Year 2011, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 4 OF THE YEAR 2011 A Local Law Setting Salaries for Certain Public Officers for the Year 2012. 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, 2012. 4. The following public officers are subject to the provisions hereof: Highway Superintendent $66,389 Deputy Highway Superintendent $53,567 Chief Asst. District Attorney $76,472 Asst. District Attorney $29,221 Undersheriff $56,680 Comm. Of Social Services $74,278 Personnel Officer $48,763 Real Property Tax Director $78,766 Deputy County Clerk $40,124 County Administrator $108,202 5. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24. Vote 6-1. No: Halpin. RESOLUTION NO. 375 Motion by Larison, Second by Gifford. RE: AUTHORIZE RENEWAL OF THE INTER MUNICIPAL AGREEMENT WITH CHEMUNG COUNTY TO SHARE THE SCHUYLER COUNTY DIRECTOR OF WEIGHTS & MEASURERS A POSITION FOR 2012 WHEREAS, Chemung County is desirous of renewing the inter-municipal agreement for a Shared Director of Weights & Measurers A with Schuyler County, and WHEREAS, the agreement will now include combining the New York State Ag and Markets Petroleum Quality Program for both counties with all revenues/expenses being channeled through Schuyler County, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 146 WHEREAS, this agreement retains the Weights and Measures Director as a Schuyler County employee, but shares said position with Chemung County for a payment by Chemung County in the amount of $49,000 for 2012. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an Inter Municipal agreement with Chemung County for shared services of the Schuyler County Director of Weights & Measurers A position as set forth above, said agreement to run from January 1, 2012 through December 31, 2012, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 376 Motion by Larison, Second by Gifford. RE: SET SALARY FOR WEIGHTS & MEASURERS DIRECTOR A POSITION FOR 2012 WHEREAS, the Legislature has authorized a renewal of the inter-municipal agreement with Chemung County to share the services of our Weights and Measures Director A Position, and WHEREAS, said sharing of services justifies an increase in compensation for 2012. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby sets the salary for Clifford Boyce, Weights and Measures Director, at $52,000, effective January 1, 2012. Vote 6-1. No: Halpin. RESOLUTION NO. 377 Motion by Gifford, Second by Larison. RE: AUTHORIZE ONGOING AGREEMENT WITH AIM INDEPENDENT LIVING CENTER FOR ROAD RUNNER SERVICE – INFORMATION TECHNOLOGY WHEREAS, AIM Independent Living Center is leasing space at the Human Services Complex, 323 Owego Street Unit 6, Montour Fall and WHEREAS, AIM Independent Living Center is interested in integrating with the County’s Road Runner Internet service, and WHEREAS, the Road Runner service will be provided at cost of $30 a month, and WHEREAS, minor maintenance and program changes will be provided at a rate of $60.21 per hour WHEREAS, Internet service charges and maintenance fees shall change as costs increase or decrease, and WHEREAS, it is the recommendation of the Director of Information Technology that this agreement be allowed. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with AIM Independent Living Center for use of the County’s Road Runner Internet access; subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 378 Motion by Gifford, Second by Larison. RE: AUTHORIZE CONTRACT WITH MCILROY MANAGEMENT & CONSULTING – TREASURER’S OFFICE WHEREAS, there is a need for an independent contractor for the County Treasurer’s to provide accounting services under the supervision of the Treasurer elect, and WHEREAS, Brian McIlroy has provided the County with a quote to prepare the County for the financial statement audit focusing on, but not limited to, bank reconciliations, accounts payable, account receivable, and year end close, and WHEREAS, said services are to be a rate of $36/hour, and billed via bi-weekly invoices. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with McIlroy Management & Consulting for the Treasurer’s Department for accounting services, effective immediately through December 31, 2012, funding available in the Treasurer’s budget account no. 1325.435-Professional Fees and Services; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 379 Motion by Larison, Second by Gifford. RE: MOTION TO BRING ONE ADDITIONAL RESOLUTION TO THE FLOOR BE IT RESOLVED, that one additional Resolution be brought to the floor. Vote 7-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 147 RESOLUTION NO. 380 Motion by Larison. Second by Barnes. RE: LAYOFF A CERTAIN POSITION – CIVIL SERVICE WHEREAS, due to financial restraints this Legislature has found it necessary to eliminate monies from various .100 (Personnel Accounts) in its 2012 budget, which results in a need to lay off a position in the Civil Service Department. NOW, THEREFORE, BE IT RESOLVED, that the employee in the 17 hour per week Keyboard Specialist position in the Civil Service Department be laid off effective December 31, 2011. Vote 7-0. RESOLUTION NO. 317 Motion by Larison, Second by Gifford. RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2012 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 2012 would be held at 6:30 P.M. on November 14, 2011, in the Human Services Complex, Room 120, 323 Owego Street, Montour Falls, NY , and WHEREAS, the above-mentioned Public Hearing was held on November 14, 2011 at said time and place. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2012 as presented by the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the Schuyler County Legislature, to raise $10,071,470.00 by tax levy, be adopted. DISCUSSION: Legislator Halpin stated that she will not be voting yes on the budget Resolution. She is appalled that with the ample evidence that the Legislators continue to raise taxes. The arrogances, and the fact that you all increase your own salaries. Chairman Fagan replied with a statement that is on file in the Legislative Office questioning Legislator Halpin’s past practices. Legislator Halpin replied that she does lobby all the time with our State and our Federal Representatives, and personally talk is cheap. Actions speak louder than words. The State of New York is not the blame. She feels they could get the budget down lower and not have to raise taxes. Yes, there would have to be decreases in services and perhaps layoff of some people. People have asked us not to keep raising taxes, but you all keep on doing it. We will have to be at the point where there is nothing left to cut before the State will come in and provide any relief. As far as the Inergy project, yes, I could have made public statements, and wanted to know where that is coming from? I will be happy to vote yes on that. It is a major economic development for the state and I do support it. Vote 6-1. No: Halpin. RESOLUTION NO. 318 Motion by Larison, Second by Gifford. RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2012" WHEREAS, the Schuyler County Legislature by Resolution No. 317, dated November 14, 2011, has adopted a budget for fiscal year 2012. NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the column entitled "2012" as amended, be, and the same hereby are, appropriated for the objects and purposes specified, effective January 1, 2012. Vote 7-0. RESOLUTION NO. 319 Motion by Larison, Second by Gifford. RE: 2012 BUDGET OF $42,544,846: 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, 2011, levy the taxes for the County upon the basis of the full valuation of the taxable real property in accordance with Title 2, Article 8, the contribution of each Town to County taxes, and BE IT FURTHER RESOLVED, that the Chairman issue no later than December 31, 2011 the required certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler County. Vote 7-0. REPORT ON STANDING COMMITTEES: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 148 Legislator Larison, wanted the board to know that the Resolution No. 313-11 was presented at the Inter County Meeting regarding the Regional Greenhouse Gas Initiative Program. COUNTY ADMINISTRATOR’S REPORT: Nothing new to report. PUBLIC PARTICIPATION; Mr. Richard Scuteri asked what percentage of the budget is raising our taxes again. Chairman Fagan said it is a 2.1 % increase. Mr. Scuteri said he proposes that all county tax increases be stopped. No county tax increases. How about that? Chairman Fagan explained that this public participation and it is not a question and answer time. We are here to hear your comments only. Mr. Scuteri said the employees need to take a 1% pay cut except for the Sheriff’s Department, they work 24/7. See what that does to your budget, if not there yet, cut 1% more, until you get to Are you interested in listening and hearing about something like that? You shouldn’t cut out programs that help kids through. Mr. Jim Seafuse said the County blames it on the State, you all know it’s there and it’s not going to change. You need to make adjustments to make things happen. In the private business that’s what we have to do. Look at all programs, and if it is not benefiting at least fifty percent of the people, it should be done away with. You need to pick and choose if only benefitting only ten percent of the people, then it should be done away with. Mr. Mark Rodinaro said he has to echo the commentary and all the points. It is difficult with no leverage. The property tax rolls are going down and cost of pensions are going up. Some of this you cannot control. We do have areas to take action on. Focus on them for the tax payers. We have to invest where we get returns. Look at what is necessary and only on that. In this process for next year consider this. Mr. Jim Howell thanked the Legislators for all of their hard work, and corrected Mr. Ford regarding the gateway project in Montour Falls. It is not a County funded project, it is being paid for by grants that SCOPED helped the Village of Montour Falls receive. Mrs. Barb Kelly said she is very disappointed that they voted to do away with the handicapped program. It actually scares her a bit. Do you think people that have a handicapped child have an easy life? It’s costly and financially draining. We need to speak out for our weak and ill people. Where are they supposed to turn now? We will have to think about what we are going to do. If you don’t support this type of program they will end up in institutions. It is small programs like this that help keep them in their homes. You need to think about those things. We need to take care of our weak and sick children. Legislator Barnes said to Mrs. Kelly, you heard the person next you, programs not benefiting fifty percent need to be cut. Mr. Kelly told the board not to worry as they will still get the medications their daughter needs. We are financially able to take care of her. I highly doubt any of you have a sick family member. I’m sure that made this decision even easier for you to make. The Meeting adjourned at 7:40 pm Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk SPECIAL MEETING DECEMBER 19, 2011 The December 19, 2011 Special Meeting of the Schuyler County Legislature was called to order at 9:00 a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Gifford and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. County Administrator Timothy O’Hearn was also present. Acting County Attorney Morris was excused. PUBLIC PARTICIPATION: None. RESOLUTION NO. 381 Motion by Karius, Second by Barnes. 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: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 149 1. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE PURCHASING CONSULTANT POSITION – PURCHASING Vote 7-0. RESOLUTION NO. 382 Motion by Larison, Second by Gifford. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE PURCHASING CONSULTANT POSITION - PURCHASING BE IT RESOLVED, that this Legislature acknowledge the appointment by Harriett Vickio, of Lisa Buckley, as Purchasing Consultant, at an annual salary of $38,588, to work 35 hours a week, effective December 16, 2011, said position is in Grade Level D of the Management/Confidential Salary Plan. DISCUSSION: Chairman Fagan asked Administrator O’Hearn to explain how this is only a two week appointment to avoid litigation damages. Administrator O’Hearn informed the Legislature that this will allow Lisa to maintain continuity of employment, with no break in service or loss of accruals, and will be appointed in January as Deputy Treasurer again by the Treasurer elect, Gary Whyman. He explained that when it became evident that Lisa was going to be terminated, this arrangement would be in fairness to her, as being fired could be perceived as retaliatory, therefore this avoids any damages. Vote 7-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:05 a.m. Stacy B. Husted, Clerk YEAR END MEETING DECEMBER 28, 2011 The December 28, 2011 Year End Meeting of the Schuyler County Legislature was called to order at 9:00 a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz and Gifford who was excused and Legislator Karius who was absent. County Administrator Timothy O’Hearn and Acting County Attorney Dennis Morris were also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 383 Motion by Larison, Second by Halpin. RE: APPROVE THE MINUTES OF THE DECEMBER 12, 2011 REGULAR MEETING AND THE DECEMBER 19, 2011 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the December 12, 2011 Regular Meeting and the December 19, 2011 Special Meeting of the Schuyler County Legislature be approved. Vote 5-0. RESOLUTION NO. 384 Motion by Larison, Second by Halpin. RE: AUTHORIZE AGREEMENT WITH BLACK CREEK FOR MAINTENANCE OF JAIL MANAGEMENT SYSTEM SOFTWARE – SHERIFF’S OFFICE WHEREAS, in 2009 the New York State Division of Criminal Justice Services ceased support of their Jail Management System, and WHEREAS, the New York State Division of Criminal Justice Services contracted with Black Creek Systems to provide a new Jail Management System to county jails within New York State and provided funding for the changeover, and WHEREAS, Schuyler County is now responsible for entering into a contract with Black Creek Systems for software maintenance of the new system and funding is included n the 2012 budget for maintenance. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement for 2012 with Black Creek Systems for software maintenance of the Jail Management System, funding is available in the 2012 budget year account no. 3150.0400; subject to approval of the Schuyler County Attorney. Vote 5-0. RESOLUTION NO. 385 Motion by Larison, Second by Halpin. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 150 RE: AUTHORIZE APPLICATION AND CONTRACT WITH NEW YORK STATE FOR THE GOVERNORS TRAFFIC AND SAFETY COMMITTEE GRANT FOR IGNITION INTERLOCK DEVICES - PROBATION WHEREAS, the Schuyler County Probation Department has been designated as the oversight agency to monitor ignition interlock devices for probation supervision cases as well as conditional discharge sentences, and WHEREAS, the New York State Governors Traffic and Safety Committee has established grant money to support each designated monitoring agency in the amount of $114.66 for each ignition interlock case received. Schuyler County is eligible for a grand total of $6,420 of this grant funding. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to a contract established through the New York State Grant Management System for the Schuyler County Probation Department for the term of October 1, 2011 through September 30, 2012, subject to the approval of the Schuyler County Attorney. Vote 5-0. RESOLUTION NO. 386 Motion by Larison, Second by Halpin. RE: AUTHORIZE AGREEMENT WITH COMFORT KEEPERS FOR PC1 AND SUPERVISION (RESPITE) SERVICES UNDER EISEP AND TITLE IIIE CAREGIVER PROGRAMS – OFFICE FOR THE AGING WHEREAS, the Expanded In-Home Services for the Elderly Program (EISEP) and the IIIE Caregiver programs include aide service for ancillary services and supervision (respite) services, and WHEREAS, the Comfort Keepers agency can provide aides for said services, and WHEREAS, the current agreement with Stafkings, Inc. does not provide sufficient coverage to meet all needs for aide coverage as evidenced by the existing waiting list, and WHEREAS, the 2012-2013 EISEP and 2012 IIIE budgets include funds for such services in line item 6772.0490. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with the Comfort Keepers agency to provide the necessary aide service at a rate not to exceed $20.00 per hour for the term of January 1, 2012 through December 31, 2012, said contract subject to approval of the Schuyler County Attorney. Vote 5-0. RESOLUTION NO. 387 Motion by Halpin, Second by Field. RE: AUTHORIZE AGREEMENT WITH HOME SWEET HOME FOR PC1 AND RESPITE SERVICES UNDER EISEP AND TITLE IIIE CAREGIVER PROGRAMS – OFFICE FOR THE AGING WHEREAS, the Expanded In-Home Services for the Elderly Program (EISEP) and the IIIE Caregiver programs include aide service for personal care level I and respite services, and WHEREAS, the Home Sweet Home agency can provide aides for said services, and WHEREAS, the current agreement with Stafkings, Inc. does not provide sufficient coverage to meet all needs for aide coverage as evidenced by the existing waiting list, and WHEREAS, the 2012-2013 EISEP and 2012 IIIE budgets include funds for such services in line item 6772.0490. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with the Home Sweet Home agency to provide the necessary aide service at the rate of $19.00 per hour for the term of January 1, 2012 through December 31, 2012, said contract subject to approval of the Schuyler County Attorney. Vote 5-0. RESOLUTION NO. 388 Motion by Halpin, Second by Field. RE: AUTHORIZE AGREEMENT WITH MONTOUR GLASS FOR REPAIR SERVICES – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging, as part of its mission under the EISEP, Caregiver and WRAP programs, provides repairs and modifications to a client’s living environment, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2011 151 WHEREAS, the Schuyler County Office for the Aging has monies under each funding stream related to these specific needs, and WHEREAS, Contractor, Montour Glass, has agreed to provide services within the area of expertise, and WHEREAS, the cost of services includes supplies, labor and mileage at an amount not to exceed $1,250, and WHEREAS, in keeping with the practice of requesting donations for services rendered by the Office for the Aging, the cost of the services could be minimized or covered by the donations requested and collected from participants. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Montour Glass for the purpose of providing home repairs, modifications and installations for EISEP, Caregiver and WRAP clients as identified and approved by the Schuyler County Office for the Aging through the OFA budget account no. 6772.0401 for the term of January 1, 2012 through December 31, 2012, said contract subject to approval of the Schuyler County Attorney. Vote 5-0. RESOLUTION NO. 389 Motion by Halpin, Second by Field. RE: AUTHORIZE BUSINESS ASSOCIATE AGREEMENTS WITH SCHUYLER HOSPITAL, INC. WHEREAS, in accordance with HIPAA Privacy and Security Standards, and WHEREAS, under such standards, Schuyler County is considered a Business Associate, and WHEREAS, the Business Associate is held to certain standards regarding the disclosure of individually identifiable health related protected information, and WHEREAS, a number of Schuyler County Departments have contracts with Schuyler Hospital, Inc. for services, and WHEREAS, medical information such as medical diagnoses, medications and the like for each client would be exchanged between the County Departments and Schuyler Hospital, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all Business Associate Agreements with Schuyler Hospital, Inc. for any County Department, said contracts subject to approval of the Schuyler County Attorney. Vote 5-0. RESOLUTION NO. 390 Motion by Larison, Second by Field. RE: DEDICATION OF 2011 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 2011" contain a tribute to James P. Coleman (County Attorney), Mary E. Kelly (Administrative Coordinator of Special Programs), Sheila A. Laughlin (Account Clerk/Keyboard Specialist/Health Services), Elisa O. Millspaugh (Public Health Nurse), Barbara A. Schriefer (Supervising Caseworker/DSS), Janice A. Tamberelli (Correction Officer), and Challiss R. Wolcott (Senior Account Clerk Keyboard Specialist/DSS). Vote 5-0. RESOLUTION NO. 391 Motion by Larison, Second by Field. 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 2011 accounts, to wit: INFORMATION TO BE PROVIDED BY THE TREASURER Vote 5-0. RESOLUTION NO. 392 Motion by Larison, Second by Field. RE: UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2011-2012 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 152 WHEREAS, the County Treasurer submitted to this County Legislature, pursuant to Section 1330 of the Real Property Tax Law, a certified list of unpaid school taxes as of November 30th, which will be assessed and relevied, and WHEREAS, pursuant to Section 1330 of the Real Property Tax Law, this Board is required to pay the various Districts the amount of unpaid school taxes, as certified. NOW, THEREFORE, BE IT RESOLVED, that said unpaid school taxes for the year 2011-2012, as they appear on said certified list be, and the same hereby are, approved as of December 13, 2011, and the Real property named in said certification any items of unpaid taxes therein set forth. DISCUSSION: Chairman Fagan asked if the issue with the Watkins Glen Central School (WGCS) taxes have been resolved. Administrator O’Hearn said no. Vote 5-0. NEW BUSINESS: None. UNFINISHED BUSINESS: The Clerk brought up the Watkins Glen Area Chamber of Commerce fifteen year agreement that still needs to be reviewed, approved, completed and signed by the Chairman. She made them aware of the changes so far on pages three and four, items six and seven. Administrator O”Hearn requested that the Legislature look closer at the details and take more time to finalize this agreement. He reminded them that this is a fifteen year agreement with the understanding that this is needed for the Chamber to move forward with the Visitor Center. However, he feels they need to look out for the future, with the room tax alone. As the agreement stands now, there is very little changing other than the term. The Clerk then informed the Legislators that the first payment was not due until February 1st, 2012, so they had time. Chairman Fagan requested that Administrator O’Hearn work to finalize the agreement and have it ready for review again at the Legislative Resolution Review Committee (LRRC) on January 4, 2012. Legislator Barnes wished to discuss the WGCS taxes issue further. He wants to know what that has not been resolved. Chairman Fagan asked the Acting County Attorney what the status was on this issue. Acting County Attorney said no one has heard anything. Chairman Fagan then asked that the County Attorney’s Office to contact the State Comptroller’s Office again. The Clerk mentioned that in conversation at other meetings it was suggested that an intermunicipal agreement be done between the County and the school to resolve the matter. REPORT ON STANDING COMMITTEES: Legislator Barnes asked about the signs on various County Roads. He has been informed that at one end the roads are named and on the other end they are posted with the County Route number. He wanted to know why it is not consistent. The examples he gave where Tug Hollow Road, North Settlement Road and Hinman Turnpike. Sheriff Yessman said they have done away with names for consistency and safety purposes. All of our roads should have County Route numbers. Some discussion was held and the consensus was that perhaps the State may by placing the incorrect signs. COUNTY ADMINISTRATOR’S REPORT: None. PUBLIC PARTICIPATION: The Clerk brought up another item of business for discussion. There was discussion at the December Human Services Committee meeting regarding soda and a legislator then suggested that the Recognition Luncheon not serve soda for the event. She asked the Recognition Committee for their thoughts on the matter and the committee was divided. She was like the Legislature to decide whether soda should be served and provided at the event as it is a Legislative program. The consensus of the Legislature was that soda will not be offered and all of the Legislators present agreed. Chairman Fagan explained that sugar sweetened soda is one of the largest contributors to obesity and diabetes and with health insurance costs rising they feel they would be contributing to that increase. Chairman Fagan then wished everyone a safe and Happy New Year. The Meeting adjourned at 9:15 A.M. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk ---PAGE BREAK--- Summary of Budget ALL FUNDS TOTAL APPROPRIATIONS OF ALL FUNDS (EXCLUDING INTERFUND TRANSFERS) $40,195,442 INTERFUND TRANSFERS $2,349,404 TOTAL APPROPRIATIONS $42,544,846 LESS: ESTIMATED REVENUES (EXCLUDING INTERFUND REVENUES) $29,753,972 INTERFUND TRANSFERS $2,349,404 APPROPRIATED CASH SURPLUS TO REDUCE TAX LEVY $370,000 TOTAL ESTIMATED REVENUES & APPROPRIATED CASH SURPLUS $32,473,376 ALL FUNDS General Fund 370,000 County Road 0 Machinery 0 Stop DWI Reserve 0 REAL ESTATE LEVY REVENUE $10,071,470 2012 SUMMARY OF BUDGET ---PAGE BREAK--- ALL FUNDS TOTAL APPROPRIATIONS OF ALL FUNDS (EXCLUDING INTERFUND TRANSFERS) $40,902,199 INTERFUND TRANSFERS $2,489,048 TOTAL APPROPRIATIONS $43,391,247 LESS: ESTIMATED REVENUES (EXCLUDING INTERFUND REVENUES) $29,541,686 INTERFUND TRANSFERS $2,489,048 APPROPRIATED CASH SURPLUS TO REDUCE TAX LEVY $750,000 TOTAL ESTIMATED REVENUES & APPROPRIATED CASH SURPLUS $32,780,734 ALL FUNDS General Fund 750,000 County Road 0 Machinery 0 Stop DWI Reserve 0 REAL ESTATE LEVY REVENUE $9,860,513 2011 SUMMARY OF BUDGET ---PAGE BREAK--- INDEX A Agreement/Contract/Proposal 5311 Annual Operating Assistance, 62 A.L. Blades, 90 AIM Independent Living Center, 138, 139, 150 Aimee Churchill, Esq, Amendment, 126 Aimee Churchill, Esq., 72 Ault International,Amemdment, 20 Automon Corporation, 67 Barbara Hislop, Amendment, 135 BC Cate Elementary School, 112 Behavioral Interventions, Inc, 67 Beth Peck, 27, 133 Black Creek, 153 Blue Wing Prefessional Consulting, 105 Brian Beaumont, 30 Burlington Laboratories, Amendment, 28 C&R Enterprises, 70 Catholic Charities, 134, 135 Chemung County, 150 Clean Vibes LLC, 69 Climate Control Technologies, 139 Comfort Keepers, 88, 154 Community Dispute Resolution Center, 103, 127 Comnetix, Inc, 106 Coordinated Care Services,Amendment, 121 Cornell Cooperative Extension, 17 Council on Alcoholism and Other Chemical Dependencies, 17, 109 CSEA Administrative Unit, 60 Dalya Tamir, 30 Darcie L. Braiman, Amendment, 110 David Wood, 139 Delta Engineers, 48 Dick's Enterprise,Extension, 140 Eastern Copier,Lease Extension, 5 Ellen Langendorfer, 109 Families First Program, 134 Fidelis Care New York, 99 Ford Motor Credit Company, 14 Fredrick M. Cerion, Esq., 8 Gary V. Ferguson, 84 Genesee Region Home Care (GRHC), 18, 19 Glen Abstract, 94 Harmony Information Systems, Inc., 16 Home Sweet Home, 71, 154 Hunt Engineers, 140 Ivans, Inc Amendment, 79 J. Bruce Crew, 83 Jennifer Mehta, PHN., 72 Jill Wicker, 84 License Monitor, Inc, 106 Linn Aftuck, 90, 109 Lisa Baker, 118 Margaret Ohlinger, DVM, 73 McIlroy Managment & Consulting, 150 Med Rev Recoveries, Inc, 72 Medtox Laboratories Amendment, 42 Mid-State Communications, 132 Montour Glass, 44, 155 MXI Environmental Services, 87 National Association of County and City Officials, 18 New York State Department of Health, Supplies, 138 New York State EZ Pass Sales, 36 New York State Parks Recreation and Historical Preservation,Extension, 31 NY Connects, 16, 107, 108 NYS Board of Elections, HAVA Grant Extensions, 35 NYS Department of Taxation & Finance, Real Property Tax, 83 NYS Governors Traffic and Safety Committee, 154 NYSDOT, Shared Services Agreement,, 32 Paul Corradini, Esq., 133 Procura LLC 3M, 47 Rachael Boruchowitz, 36, 49 REACT, 88 Richard Decker, 71 Right of Way, County Route 4 Bridge Replacement, 59 Right of Way, Genesee Bridge Replacement, 35 Roger Pike, Finger Lakes Contracting, 17 S.M. Ahwar Ahmed, M.D., Amendment, 110 Schuyler Head Start Sensory Garden, 48 Schuyler Hospital, 155 SCOPED Insurance Amendment, 29 Sharifuzzama Siddiqui, M.D., 121 Silverline Construction, Inc., 100 Soft Code, Inc., 41 Southern Tier Hospice, 126 Statewide Police Information Network, 58 Steuben County Health Care Facility, 46 Summer Youth Employment Program, 47 Supervised Visitation, Family Play & Resource Center, 135 Supervision and Treatment Services for Juveniles, 111 Systems Development Group, 60 Timothy Hicks, 72 Town of Wayne, 136 Towns of Orange and Tyrone, 136 US Forest Service, Amendment, 77 Venesky & Company, 9, 124 Veterans Services and Social Services, 126 Vision Rehabilitation Employment, Early Intervention, 31 Watkins Glen Area Chamber of Commerce, 15 Year TPA, 120 Welliver- McGuire, Change Order, 31 Agricultural District Annual Enrollment Request, 63 Annual Public Hearing, 78 Modification Ag District 1, 97 Negative Declaration, District 3, 43 Negative Declaration,District 1, 78 Public Hearing, Enrollment for 2011, 43 Appointment Chairman, 1 Chief Coroner, 2 County Historian, 2 Democratic Deputy Commissioner, 3 Early Intervention Designee, 45 Election Inspectors, 75 Fair Housing Officer, 28 Lamoka/Waneta Lakes Protection District, 55 Local Early Intervention -Coordinating Council, 46 Party Inspectors, 8 Planning Board, 84 Planning Commission, 23, 62, 76 ---PAGE BREAK--- INDEX Regional Local Development Corporation LDC, 5 Republican Depty Commissioner, 3 Schuyler County Industrial Development Agency, 120, 133 Souther Tier Central Regional Planning & Development Board, 54 Special Committees, 9, 11, 12, 13 Voting System Technicians/Custodians, 7 Workforce Development Board, 12 Youth Board, 29, 44 Approval/Authorization/Amendment 4 Year Implementation Plan, Office for the Aging, 108 Administrative Unit CSEA Board of Directors Reimbursement, 52 Alternatives to Incarceration Plan, 15 Amending Real Property Tax Directory Approval Level, 25 Children with Special Health Care Needs Grant Term, 138 CSEA Administrative Unit Contract, 51 Decrease Hours Director of Veterans Service Agency, 138 Decrease Salary Assistant District Attorney, 133 Decreasing Hours Bookkeeper Position, Treasurer, 38 Easement, Seneca Harbor Park, 147 Economic Development Reserve Funds, 125 Flexible Spending Account, 52 Hire of Clerks Expenses, 101 Home Care Licensure (CHHA), 19 Increasing Hours County Attorney Position, 113 Marchiselli Program Funding, 24 Medicaid Transportation Reimbursement Rate, 19 New York State Route 224 Detour, 100 New York State Route 226 Detour, 32 Regional Transportation Contribution, 15 Reimbursement Rate, Receiving Voting Machines, 114 Remove Term Limits, Lamoka/Waneta Lakes Protection Rehabilitation 39 Request for Proposal Legal Services OFA, 120 Request for Proposal, Abstract Services, 74 Request for Proposal, Engineering Services, Mill Street Bridge - Odessa, 123 Roth Contributions, 52 Stop DWI Plan for 2012, 87 Supervised Visitations, Family Play & Resource Center, 69 Temporary Assistance For Needy Families Funding, 47 Thomas G. Merrill, 32, 65 Watkins Glen International Youth Employment Program, 29 Weights & Measurers Director Salary, 150 Youth Bureau Resource Allocation Plan, 133 B Bid Accept/Reject County Road 4 over Sawmill Creek Bridge, 122 Courthouse Cupola Painting, 94 Seneca Harbor Park Upgrades, 125 Transportation Preschool Children with Disabilities, 73 Bid Advertisement County Route 4 over Sawmill Creek Bridge Replacement, 74 Courthouse Cupola, 80 Seneca Harbor Park Upgrades, 90 Transportation Preschool Children with Disabilities, 46 Bid Authorization Lamoka/Waneta Lakes Application & Monitoring, 56 Budget Adoption, 151 Alteration, Board of Elections, 148 Alteration, Central Garage, 148 Alteration, County Clerk, 148 Alteration, Information Technology, 148 Alteration, Mental Health, 149 Alteration, Sheriff, 148 Alteration, Social Services, 128, 147 Alteration, Treasurer, 148 Alteration, Watershed, 149 Alteration, Youth Bureau, 128 Alteration,Sheriff, Control of Dogs, 148 Amendment, County Clerk, 75 Amendment, Probation, 105 Amendment, Public Defender, 68 Amendment, Sheriff Office, 67 Amendment, Social Services, 111 Amendment, Youth Bureau, 107 Appropriate Amounts 2011, 151 Set Public Hearing Date, 116 C Cancellation, Physically Handicapped Children's Program, 136 CHHA, 18, 19 Continuity Local Government, 1 D Delegate Authority Real Property Tax Director - Corrections, 3 Youth Bureau Director, 134 Designation Corporate Compliance Subcommittee, 90 Depositories, 1 Legal Newspaper, 1 F Filling Position Assistant County Attorney, 59 Assistant Public Defender, 86 Clinic Director Position, 46 Deputy Election Commissioner, 61 Director of Veterans Services, 99 On Call Meal Delivers, 89 Public Defender, 85 Public Health Specialist, 97 Purchasing Consultant, 153 Purchasing Director, 60 Social Welfare Examiner Position, 58 Two Part Time Transport Aides, Sheriff, 15 Watershed Inspector, 76 Forgo Raise, 144 Fund Creation Lamoka/Waneta Lakes District Reserve Account, 38 Transfer Buidling & Grounds, 139 Transfer Building & Grounds Vehicle Fuel, 111 Transfer Building Repairs Community Services, 89 Transfer Community Services Reserve Account, 135 Transfer Contingency Purchasing Director Salary, 60 ---PAGE BREAK--- INDEX Transfer Contingency Sheriff, 132 Transfer Contingency Veterans Mileage, 122 Transfer Insurance SMP Account, 26 Transfer Public Defender Contingency, 106 Transfer Sale of Timber Hector, 83 Transfer Social Services, 59 Transfer Social Services Safety Net, 110 Transfer Various Departments Year End, 156 Funding Federal and State Marchiselli Program, 81 Marine Patrol, 27 Stormwater Management, 55 G Grant Acceptance 2011/2012 Video Recording, District Attorney, 68 Child Safety Seat Program, 132 Children with Special Health Care Needs, Public Health, 108 Early Intervention 2011-2012, 122 Emergency Preparedness, Public Health, 109 LEAD Poisoning Prevention, 18 NYS Aid to Prosecution, District Attorney, 78 NYS Office of Indigent Legal Services, 97 State of New York Board of Elections HAVA Health and Human Services, 56 Grant Application 2010 Fire Prevention, 14 Community Development Block Grant, Arbor Development, 42 District Attorney, Violence Against Women, 4 Federal TransitAdministration Section 5309 Veterans Transportation, 102 Hazardous Materials Emergency Management Preparedness, Emergency Management, 41 Household Hazardous Waste, 119 Ignition Interlock Funding, Probation, 28 New York State Clean Air Grant, 86 NYS Violence Against Women, 119 State Homeland Security, 131 Statewide Interoperable Communication, Emergency Management, 41 Suicide Prevention, 98 System of Care Grant, 121 Triangle Fund Grant, Youth Bureau, 29 United Way, Family Play & Resource Center, 16 Grant Establishment 2011-2012 Annual Immunization, 89 2011-2012 LEAD, 89 Household Hazardous Waste, 68 L Lamoka/Waneta Lakes Completion and Filing Assessment Roll, 141 Directing the Levy, 142 Public Hearing, 123 Reserve Account Creation, 38 Layoff Civil Service, 151 Local Law Amending Local Law 3 of 2009 Setting Salaries, Certain Elected Officials, 36 Amendment District Attorney Salary, 54 Public Defender Residency, 102 Setting Salaries Public Officials, 124 Setting Slaries, Certain Public Officers, 149 Setting Treasurer Salary, 62 Setting Treasurer Salary, 53 Waiving Residency Requirement Public Defender, 93 M Medicaid Takeover, 113 N NYS Legislature 9-1-1 Public Safety Communication, 118 Easement, Seneca Harbor Park, 4, 53, 65 Finance Auto Racing, 4, 53 Greenhouse Gas Initiative, 127 Upgrades & Investments, Development of Bridges, 141 O Opposition Off Track Betting, Assets, 24 P Policy Adoption/Change/Amendment Community Development Block Grant Requirements, 20 Hazardous Material Plan, 96 Management/Confidential Salary Plan, 60, 124 Non Union Sick Leave Bank Policy, 101 Purchasing Policies & Procedures, 2 Revised Fee Schedule, Watershed Protection Agency, 137 Sign Maintenance Method to Maintain Minimum Levels of Retro Reflectivity, 33 Public Entertainment Permit Issued, 75 Regulating/Licensing, 55 SEQR, 63 Q Quitclaim Property Accept/Reject Offers, 25 R Ratification Special Meeting, 85, 86, 116, 153 Reform Funding Common Retirement Fund, 112 Rules of Proceedure Conform, 2 S Salary Schedule, 2 Amendment, 14 Sale of Surplus Property Town of Orange, 101 Sale Of Wine In Stores, 43 Sales & Use Tax Amendment, 52 Rate Extension, 91 ---PAGE BREAK--- INDEX Renewal, 23 Set Date 2010 Organizational Meeting, 144 Year End Meeting, 144 Shared Public Works Facility Welliver-McGuire Change Order, 31 Smoke Free Campus, 61 Standard Work Day Resolution, 82 Surplus/Junk Equipment Multiple Departments, 6, 49, 81, 112, 145 T Tabled/Failed, 79, 129 Tax Accept/Reject Tax Auction Bids, 50, 142 Auction, Treasurer, 114 Deny Real Property Tax Credit, 100 Levy 2012 Equalization Rates, 123 Mortgage Tax Distribution, 82, 143 Mortgate Tax Distribution, 74 Set Auction Date, 23 Tax Roll Correction Town of Hector, 21 Tax Roll Correction, Town of Catharine, 13 Tax Roll Correction, Town of Dix, 22 Tax Roll Correction, Town of Reading, 22 Town Contribution, County Taxes, 152 Unpaid School Relevied, 156 Total Maximum Daily Load, 106 Town of Hector Delinquent Water Bills, 142 Town of Reading Sewer & Water Bills, 142 W Wireless 911 Disbursements, 66 Withdrawn, 33, 99