Document Schuylercountyny_doc_b7a012e3a2

PROCEEDINGS OF THE COUNTY LEGISLATURE OF THE COUNTY OF SCHUYLER FOR THE YEAR 2004 MEMBERS OF THE LEGISLATURE DISTRICT SHARON S. BINGELL DENNIS A. FAGAN DISTRICT THOMAS M. GIFFORD MICHAEL A. YUHASZ DARYL L. SLUSSER DISTRICT DORIS L. KARIUS DELMAR F. BLEILER GLENN R. LARISON OFFICERS THOMAS M. GIFFORD GAIL M. HUGHEY DEPUTY STACY B. HUSTED COUNTY JAMES P. COLEMAN ---PAGE BREAK--- PROCEEDINGS OF THE COUNTY LEGISLATURE OF THE COUNTY OF SCHUYLER FOR THE YEAR 2004 CHAIRMAN AND CLERK'S CERTIFICATE STATE OF NEW YORK ) COUNTY OF SCHUYLER ) We, Thomas M. Gifford, Chairman, and Gail M. Hughey, 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 2004, pursuant to Section 211 of the County Law. THOMAS M. GIFFORD Chairman, Schuyler County Legislature GAIL M. HUGHEY Clerk, Schuyler County Legislature ---PAGE BREAK--- ---PAGE BREAK--- DEDICATIONS 2004 PROCEEDINGS OF THE SCHUYLER COUNTY LEGISLATURE Janice Ameigh Janice joined the Schuyler County Office for the Aging on April 18, 1988 as a Food Service Helper, a title that she held until her retirement on October 27, 2004. Mary King Mary joined the Schuyler County Attorney’s office as a Confidential Secretary on January 01, 1971 and then held various positions within the County including; Senior Stenographer for the Department of Social Services, Deputy Clerk and then Clerk to the Legislature, Clerk Trainee and Clerk to the Board of Elections, where she continued as a Deputy Commissioner, a title that she held until her retirement on June 25, 2004. William Ward William joined the Schuyler County Sheriffs Department as a Sheriff on September 01, 1983, until having a title change to Corrections Officer, a title that he held until her retirement on December 30, 2004. Terence Wolverton Terence joined the Schuyler County Highway Department on September 12, 1969 as a Machine Equipment Operator and then continued with other positions such as; Heavy Machine Operator and Foreman until becoming a Deputy Highway Superintendent, a title that he held until her retirement on December 23, 2004. Cheryl Wood Cheryl joined the Schuyler County Department of Social Services on March 15, 1988 as a Caseworker, a title that she held until her retirement on December 31, 2004. ---PAGE BREAK--- TABLE OF CONTENTS Resolutions – 2004 (Numerical, by REGULAR AND SPECIAL MEETINGS: Organizational Meeting January Special Meeting January Regular Meeting January Special Meeting January Regular Meeting February Special Meeting February Special Meeting March Regular Meeting March Regular Meeting April . Regular Meeting May Regular Meeting June Regular Meeting July Special Meeting July Regular Meeting August Special Meeting September Regular Meeting September Special Meeting Regular Meeting Regular Meeting Special Meeting Special Meeting Special Meeting Special Meeting Regular Meeting Year End Meeting December Annual Budget Summary of 2005, County of Schuyler………..………………………173 Annual Budget Summary of 2004, County of Schuyler Mortgage Tax Distribution: October 1, 2003 through March 31, 2004 .96 April 1, 2004 through September 30, 2004 .184 ---PAGE BREAK--- RESOLUTION BY NUMBER – 2004 I ORGANIZATIONAL MEETING JANUARY 5, 2004 1. CLOSE NOMINATIONS – 2004 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE 2. APPOINTMENT – CHAIR, SCHUYLER COUNTY LEGISLATURE – 2004 3. APPOINTMENT – CLERK TO THE LEGISLATURE 4. APPOINTMENT – DEPUTY CLERK TO THE LEGISLATURE 5. “CONTINUITY OF LOCAL GOVERNMENT” FOR 2004 6. DESIGNATION OF LEGAL COUNTY NEWSPAPER 7. DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS 8. CONFORM TO “RULES OF PROCEDURE” 9. APPOINTMENT – CHIEF VOTING MACHINE CUSTODIAN 10. APPOINTMENT – CHIEF CORONER FOR 2004 11. APPOINTMENT – COUNTY HISTORIAN 12. SCHEDULE OF SALARIES FOR 2004 13A. MOTION TO TABLE RESOLUTION NO. 13 – FAILED 13. APPOINTMENT OF BUDGET OFFICER FOR 2004 – FAILED 14. APPOINTMENT – SCHUYLER COUNTY ATTORNEY – 2004-2007 15. APPOINTMENTS – ASSISTANT COUNTY ATTORNEYS – 2004-2007 16. APPOINTMENT – CONFIDENTIAL SECRETARY TO COUNTY ATTORNEY – 2004-2007 17. APPOINTMENT – COUNTY AUDITOR FOR 2004 AND 2005 18. APPOINTMENT – PURCHASING AGENT FOR 2004 – 2007 19. ACKNOWLEDGE APPOINTMENT OF ASSISTANT PUBLIC DEFENDER 20. ACKNOWLEDGE APPOINTMENT AND SET SALARY – CONFIDENTIAL SECRETARY TO THE PUBLIC DEFENDER 21. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY TREASURER ON AN INTERIM BASIS 22. ACKNOWLEDGE APPOINTMENT AND SET SALARY – BOARD OF ELECTIONS SPECIAL MEETING JANUARY 7, 2004 23. RATIFICATION OF SPECIAL MEETING 24. RATIFICATION OF SPECIAL APPOINTMENTS – SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY REGULAR MEETING JANUARY 12, 2004 25. AUTHORIZE SUBMISSION OF LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND GRANT APPLICATION FOR INDEXING MINUTES ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE I 26. AUTHORIZE FILLING OF SENIOR REGISTERED PROFESSIONAL NURSE POSITION – COMMUNITY SERVICES 27. AUTHORIZE OUT OF STATE TRAVEL TO IMMUNIZATION CONFERENCE – PUBLIC HEALTH 28. RENEW AGREEMENT WITH INTEGRITY NETWORKING SYSTEMS, INC. (formerly ExtraDev, Inc.) FOR COMPUTER SERVICES FOR 2004 – PUBLIC HEALTH AND COMMUNITY SERVICES 29. RENEW AGREEMENT WITH THE CENTER FOR ROCHESTER’S HEALTH, UNIVERSITY OF ROCHESTER – PUBLIC HEALTH 30. AUTHORIZE OUT OF STATE TRAVEL TO TRAINING IN NEW JERSEY COMMUNITY SERVICES 31. AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER HOSPITAL, INC. FOR HOMECARE AND REHABILITATION THERAPY SERVICES FOR 2004 – PUBLIC HEALTH 32. AUTHORIZE CONTRACT RENEWAL WITH MICHELLE BERLISS FOR SERVICES FOR 2004 - COMMUNITY SERVICES 33. AUTHORIZE CONTRACT RENEWAL WITH PATHWAYS, INC. FOR 2004 – COMMUNITY SERVICES 34. AUTHORIZE CONTRACT RENEWAL WITH THE ARC OF SCHUYLER COUNTY, INC. FOR 2004 – COMMUNITY SERVICES 35. AUTHORIZE ADOPTION OF REVISED SLIDING FEE SCALE – COMMUNITY SERVICES AND PUBLIC HEALTH 36. AUTHORIZE AGREEMENT WITH LINCARE, INC. TO PROVIDE NURSING SERVICES FOR 2004 – PUBLIC HEALTH 37. AUTHORIZE CONTRACT RENEWAL WITH FINGER LAKES PARENT NETWORK, INC. FOR 2004 – COMMUNITY SERVICES 38. AUTHORIZE MEMORANDUM OF AGREEMENT WITH GLOW REGION SOLID WASTE MANAGEMENT COMMITTEE REGARDING MAT-EX – RECYCLING/SOLID WASTE 39. AUTHORIZE CONTRACT RENEWAL WITH EMPIRE NATURAL GAS – BUILDINGS AND GROUNDS 40. AUTHORIZE CERTIFICATION OF COST ALLOCATION PLAN 41. APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD 42. ESTABLISTMENT OF A HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) ADMINISTRATIVE OVERSIGHT COMMITTEE – AS AMENDED (RESOLUTION NO. 128) 43. AUTHORIZE CONTRACT RENEWAL WITH STANLEY CLARK – VETERANS SERVICE AGENCY 44. ONE-YEAR APPOINTMENTS 45. TWO-YEAR APPOINTMENTS 46. APPOINTMENT – SCOPED BOARD OF DIRECTORS 47. APPOINTMENT – CHAMBER OF COMMERCE BOARD OF DIRECTORS 48. APPOINTMENT TO THE MUNICIPAL ELECTRIC AND GAS ALLIANCE (MEGA) 49. APPOINTMENTS – COMMUNITY SERVICES BOARD 50. APPOINTMENTS – ALCOHOLISM AND SUBSTANCE ABUSE ---PAGE BREAK--- RESOLUTION BY NUMBER – 2004 I SUBCOMMITTEE 51. APPOINTMENTS – MENTAL HEALTH SUBCOMMITTEE 52. APPOINTMENTS – MENTAL RETARDATION / DEVELOPMENTAL DISABILITIES SUBCOMMITTEE 53. AUTHORIZE AGREEMENT WITH SCT COMPUTERS FOR TECHNICAL COMPUTER SUPPORT 54. AUTHORIZE THREE RESOLUTIONS BE BROUGHT TO THE FLOOR 55. AUTHORIZE CONTRACT AMENDMENT WITH SOUTHERN TIER CENTRAL REGIONAL PLANNING AND DEVELOPMENT & D) BOARD 56. APPOINTMENTS – SOIL AND WATER CONSERVATION DISTRICT BOARD OF DIRECTORS 57. APPOINTMENT – WORKFORCE DEVELOPMENT BOARD SPECIAL MEETING JANUARY 30, 2004 58. RATIFICATION OF SPECIAL MEETING 59. AUTHORIZE FILLING VACANT CRIME VICTIM SERVICES COORDINATOR POSITION IN THE DISTRICT ATTORNEY’S OFFICE - AS AMENDED BY RESOLUTION NO. 331-05 60. AUTHORIZE FILLING VACANT SOCIAL WELFARE EXAMINER POSITION IN THE DEPARTMENT OF SOCIAL SERVICES REGULAR MEETING FEBRUARY 9, 2004 61. APPROVE MINUTES OF THE NOVEMBER 10, 2003 REGULAR MEETING, THE NOVEMBER 19, 2003 SPECIAL MEETING AND THE DECEMBER 1, 2003 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 62. APPOINTMENTS – SCHUYLER COUNTY YOUTH BOARD 63. AUTHORIZE FILLING A PART-TIME MEAL DELIVERER POSITION – OFFICE FOR THE AGING 64. AUTHORIZE CONTRACT RENEWAL WITH CORNELL COOPERATIVE EXTENSION FOR FOOD STAMP NUTRITION PROGRAM – SOCIAL SERVICES 65. AUTHORIZATION TO CONTRACT WITH THE FINGER LAKES ADDICTION COUNSELING AND REFERRAL AGENCY (FLACRA) – SOCIAL SERVICES 66. AUTHORIZE PAYMENT TO THE HISTORIAN 67. REQUEST THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY (SCIDA) NOT TO EXEMPT THE ADDITIONAL ONE-FOURTH PERCENT MORTGAGE TAX 68. AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID AND STATE “MARCHISELLI” ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE I PROGRAM AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL- AID PROJECT, AND APPROPRIATING FUNDS THEREFOR – HIGHWAY DEPARTMENT – AS AMENDED BY RESOLUTION NO. 135-05 69. ACCEPT PROPOSAL FROM MUNICIPAL SIGN MANAGEMENT – HIGHWAY DEPARTMENT 70. ACCEPT/REJECT BIDS FOR TWO 17-FOOT ASPHALT STYLE DUMP BODIES – HIGHWAY 71. AUTHORIZE REQUESTS FOR PROPOSAL FOR GAS/OIL LEASING ON COUNTY OWNED LAND – BUILDINGS AND GROUNDS 72. RESOLUTION TO ALLOW FOR THE FORMATION OF AN ANNUAL 30- DAY ENROLLMENT PERIOD FOR LANDOWNERS TO ENROLL THEIR LAND IN ANY EXISTING AGRICULTURAL DISTRICT PRIOR TO THE DISTRICT’S ESTABLISHED REVIEW PERIOD 73. AUTHORIZE APPOINTMENTS AND CHANGE NAME OF PROFESSIONAL ADVISORY COMMITTEE – PUBLIC HEALTH 74. AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD AND THE MRDD SUBCOMMITTEE - COMMUNITY SERVICES 75. AUTHORIZE APPOINTMENT TO THE LOCAL EARLY INTERVENTION COORDINATING COUNCIL – PUBLIC HEALTH 76. AUTHORIZE CONTRACT WITH FAMILY SERVICE SOCIETY, INC. FOR SPECIALIZED TREATMENT SERVICES IN 2004 – COMMUNITY SERVICES 77. AMEND CONTRACT WITH SCHUYLER HOSPITAL, INC. FOR HOMECARE AND REHABILITATIVE SERVICES FOR 2004 – PUBLIC HEALTH 78. AUTHORIZE ADOPTION OF A REVISED FEE SCHEDULE FOR HOME HEALTH SERVICES – PUBLIC HEALTH 79. SET FEE SCHEDULE FOR WATERSHED PROTECTION AGENCY – PUBLIC HEALTH 80. AUTHORIZE APPOINTMENTS TO THE S2AY ADVISORY COMMITTEE – PUBLIC HEALTH 81. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – ANDERSON-WINCHELL - TOWN OF HECTOR – REAL PROPERTY TAX AGENCY 82. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – EDWARDS - TOWN OF HECTOR 83. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL - FINK 104.00-1-21.113 – TOWN OF DIX – REAL PROPERTY TAX AGENCY 84. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – FINK 104.00-1-21.12 - TOWN OF DIX – REAL PROPERTY TAX AGENCY 85. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – HABERSTRON - TOWN OF DIX – REAL PROPERTY TAX AGENCY ---PAGE BREAK--- RESOLUTION BY NUMBER – 2004 I 86. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – LOVELL - TOWN OF HECTOR – REAL PROPERTY TAX AGENCY 87. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – LUMBARD - TOWN OF DIX – REAL PROPERTY TAX AGENCY 88. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – REKCZIS - TOWN OF READING – REAL PROPERTY TAX AGENCY 89. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – RODRIGUEZ - TOWN OF READING – REAL PROPERTY TAX AGENCY 90. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – OWEN - TOWN OF TYRONE – REAL PROPERTY TAX AGENCY 91. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – CARL - TOWN OF HECTOR – REAL PROPERTY TAX AGENCY 92. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – DAVIS - TOWN OF TYRONE – REAL PROPERTY TAX AGENCY 93. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ALLOW STATE OWNED REFORESTATION LAND WITHIN SCHUYLER COUNTY SUBJECT TO TAXATION 94. AUTHORIZE CREATION OF AN INFORMATION TECHNOLOGY ADVISORY COMMITTEE/ DISBAN COMPUTER COORDINATION COMMITTEE 95. AMEND MINIMUM INSURANCE STANDARDS POLICY FOR INDEPENDENT CONTRACTORS FOR ALL DEPARTMENTS 96. AUTHORIZE GRANT APPLICATION FOR STATE HOMELAND SECURITY PROGRAM FOR EMERGENCY MANAGEMENT & LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM FOR THE SHERIFF’S DEPARTMENT 97. AUTHORIZE CREATION AND FILLING OF ONE FULL-TIME CORRECTIONS OFFICER AND FOUR PART-TIME DISPATCHERS TO STAFF COMMUNICATIONS CENTER – SHERIFF’S DEPARTMENT 98. AUTHORIZE FILLING VACANT PART-TIME LABORER POSITION – SHERIFF’S DEPARTMENT 99. WELCOME NATIONAL AND INTERNATIONAL FIELD ARCHERS 100. APPOINTMENT TO THE WORKFORCE DEVELOPMENT BOARD 101. TWO-YEAR APPOINTMENTS 102. APPOINTMENT – AGRICULTURE & FARMLAND PROTECTION BOARD 103. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – HAIGHT – TOWN OF ORANGE 104. RESOLUTION TO DENY APPLICATION FOR CORRECTED TAX ROLL – CRANCE - TOWN OF ORANGE 105. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – BROWER – TOWN OF DIX 106. APPOINTMENTS – EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE I 107. ACKNOWLEDGE APPOINTMENT AND SET SALARY – DEPUTY COUNTY TREASURER 108. AUTHORIZE APPLICATION FOR SECTION 5311 ANNUAL OPERATING ASSISTANCE 109. APPOINTMENTS – SCHUYLER COUNTY PLANNING COMMISSION 110. AUTHORIZE FOUR RESOLUTIONS BE BROUGHT TO THE FLOOR 111. ASSIGN CODE ENFORCEMENT DUTIES TO THE EMERGENCY MANAGEMENT COORDINATOR 112. AUTHORIZE CONTRACT FOR INVESTIGATIVE SERVICES - DISTRICT ATTORNEY 113. ACCEPT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED 114. RESOLUTION IN OPPOSITION TO SENATE BILL 4174 – AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO MAKING CONTESTS AND COMPETITIONS TO TAKE WILDLIFE UNLAWFUL – FAILED 115. RESOLUTION IN SUPPORT OF CHANGING THE NAME OF THE SCHUYLER/STEUBEN RURAL TRANSPORTION COMMITTEE SPECIAL MEETING FEBRUARY 16, 2004 116. RATIFICATION OF SPECIAL MEETING 117. AUTHORIZE TRANSER OF FUNDS FOR SERVER PURCHASE – INFORMATION TECHNOLOGY 118. RATIFICATION OF SPECIAL MEETING 119. ACCEPT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED 120. ACCEPT/REJECT 2003 TAX AUCTION BIDS 121. AUTHORIZE FILLING VACANT ON-CALL MEAL DELIVERER POSITION – OFFICE FOR THE AGING REGULAR MEETING MARCH 8, 2004 122. APPROVE MINUTES OF THE DECEMBER 4, 2003 PUBLIC HEARING, THE DECEMBER 8, 2003 REGULAR MEETING, THE DECEMBER 11, 2003 SPECIAL MEETING, THE DECEMBER 16, 2003 SPECIAL MEETING AND THE DECEMBER 29, 2003 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE 123. AUTHORIZE GRANT APPLICATION TO THE OFFICE OF JUVENILE JUSTICE DRUG FREE COMMUNITIES – YOUTH BUREAU 124. AUTHORIZE FOR APPLICATION CHEMUNG, SCHUYLER, STEUBEN WORKFORCE INVESTMENT YOUNG ADULT EMPLOYMENT GRANT – YOUTH BUREAU 125. DECLARE EQUIPMENT SURPLUS – REAL PROPERTY TAX AGENCY AND HUMAN RESOURCES ---PAGE BREAK--- RESOLUTION BY NUMBER – 2004 I 126. DECLARE EQUIPMENT JUNK – INFORMATION TECHNOLOGY 127. AMEND SCHUYLER COUNTY FIXED ASSETS POLICY 128. AMEND RESOLUTION NO. 42-04/ESTABLISHMENT OF A HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) ADMINISTRATIVE OVERSIGHT COMMITTEE 129. RECOGNIZE WEEK OF APRIL 18-24, 2004 AS “NATIONAL VOLUNTEER WEEK” 130. ACCEPT PROPOSAL FOR ENGINEERING SERVICES FROM HUNT ENGINEERS FOR DESIGN OF CR 11 AND CR 16 CULVERTS – HIGHWAY DEPARTMENT 131. ACCEPT/REJECT BIDS FOR ONE SINGLE DRUM ROLLER – HIGHWAY DEPARTMENT 132. ACCEPT PROPOSAL FOR OIL AND GAS LEASING OF COUNTY OWNED LAND – BUILDINGS AND GROUNDS – AMENDED BY RESOLUTIONS NO. 177-04 AND 358-04 133. AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR ENGINEERING WORK – BUILDINGS AND GROUNDS 134. AUTHORIZE GRANT APPLICATION FOR EXPIDITED DEPLOYMENT GRANT FUNDING – EMERGENCY MANAGEMENT 135. APPOINTMENT TO LOCAL CONDITIONAL RELEASE COMMISSION- PROBATION 136. ACCEPT PROPOSAL FROM INTEGRATED TIRE FOR THE 2004 USED TIRE COLLECTION DAY 137. ACCEPT PROPOSAL FROM CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., FOR THE 2004 HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY 138. ACCEPT PROPOSAL FROM REGIONAL COMPUTER RECYCLING & RECOVERY, LLC., FOR THE 2004 USED ELECTRONICS COLLECTION DAY 139A. MOTION TO AMEND RESOLUTION NO. 139 – FAILED 139. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 2004 AMENDING LOCAL LAW NO. 1 OF 2003 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) 140. RESOLUTION ENCOURAGING THE NEW YORK STATE FARM SERVICE AGENCY (FSA) COMMITTEE TO CONSIDER A BETTER ALTERNATIVE THAN TO COMBINE THE SCHUYLER/TOMPKINS OFFICE WITH CORTLAND COUNTY 141. APPOINTMENT TO THE SCHUYLER COUNTY PLANNING COMMISSION 142. RULES OF PROCEDURE MODIFICATION - ONE MONTH’S NOTICE 143. RECOGNIZE MARCH AS NATIONAL COLORECTAL CANCER AWARENESS MONTH - PUBLIC HEALTH 144. RECOGNIZE APRIL AS ALCOHOL AWARENESS MONTH – MENTAL HEALTH 145. RECOGNIZE APRIL AS NATIONAL STD AWARENESS MONTH - PUBLIC HEALTH ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE I 146. AUTHORIZE APPOINTMENTS TO THE COMMUNITY SERVICES BOARD AND ALCOHOL SUBCOMMITTEE - COMMUNITY SERVICES 147. AUTHORIZE EMPLOYEE ASSISTANCE PROGRAM (EAP) FOR EMPLOYEES OF SCHUYLER COUNTY - COMMUNITY SERVICES 148. AUTHORIZE CONTRACT WITH SCHUYLER COUNTY CHILD CARE COORDINATING COUNCIL - PUBLIC HEALTH 149. AUTHORIZE APPROVAL OF THE LEAD POISONING PREVENTION PROGRAM 2004–2005 – PUBLIC HEALTH 150. ESTABLISH 2004–2005 IMMUNIZATION GRANT BUDGET – PUBLIC HEALTH 151. AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY EMERGENCY MANAGEMENT OFFICE – PUBLIC HEALTH 152. AUTHORIZATION FOR CONTRACT STAFF TO ATTEND TRAINING - PUBLIC HEALTH 153. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – INDEPENDENDT BAPTIST CAMP - TOWN OF TYRONE 154. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – GOLTRY - TOWN OF READING 155. RESOLUTION URGING PASSAGE OF ASSEMBLY BILL A.01757 AND SENATE BILL S.675 BY THE NEW YORK STATE LEGISLATURE 156. MOTION TO BRING ONE RESOLUTION TO THE FLOOR 157. AUTHORIZE FILLING VACANT COORDINATOR OF SERVICES POSITION – OFFICE FOR THE AGING REGULAR MEETING APRIL 12, 2004 158. APPROVE MINUTES OF THE JANUARY 5, 2004 ORGANIZATIONAL MEETING, THE JANUARY 7, 2004 SPECIAL MEETING, THE JANUARY 12, 2004 REGULAR MEETING, THE JANUARY 30, 2004 SPECIAL MEETING, THE FEBRUARY 9, 2004 REGULAR MEETING, THE FEBRUARY 20, 2004 SPECIAL MEETING, THE MARCH 3, 2004 SPECIAL MEETING AND THE MARCH 8, 2004 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE W/D LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2004 AMENDING LOCAL LAW NO. 1 OF 2003 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) - WITHDRAWN 159. AUTHORIZE DEVELOPMENT OF A FREE MEDICAL CLINIC IN SCHUYLER COUNTY - HEALTH SERVICES 160. AUTHORIZE DEPARTMENT NAME CHANGE - PUBLIC HEALTH AND COMMUNITY SERVICES 161. AUTHORIZE AGREEMENT WITH CATHOLIC FAMILY CENTER’S EMPLOYEE ASSISTANCE PROGRAM (EAP) OF ROCHESTER TO PROVIDE MENTAL HEALTH SERVICES – COMMUNITY SERVICES ---PAGE BREAK--- RESOLUTION BY NUMBER – 2004 I 162. RECOGNIZE MAY AS MENTAL HEALTH MONTH - COMMUNITY SERVICES 163. RECOGNIZE MAY AS NATIONAL HIGH BLOOD PRESSURE EDUCATION MONTH - PUBLIC HEALTH 164. AUTHORIZE THE BUILDINGS AND GROUNDS AND HIGHWAY DEPARTMENTS TO MAKE APPROPRIATE IMPROVEMENTS TO THE ACCESS TO SENECA HARBOR PARK 165. AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR THE HIGHWAY DEPARTMENT FOR 2004 166. AUTHORIZE EXTENSION OF BIDS FOR CERTAIN MATERIALS – HIGHWAY DEPARTMENT 167. AUTHORIZE GRANT APPLICATION FOR THE EMERGENCY MANAGEMENT PERFORMANCE GRANT – EMERGENCY MANAGEMENT 168. AUTHORIZE THE ELMINATION OF ONE FULL-TIME DISPATCHER POSITION AND THE CREATION OF ONE FULL-TIME CORRECTIONS OFFICER POSITION – SHERIFF’S DEPARTMENT 169. RESOLUTION IN OPPOSITION TO GOVERNOR GEORGE PATAKI’S EXECUTIVE BUDGET PROPOSAL TARGETING GUN OWNERS 170. APPOINTMENT – ECONOMIC OPPORTUNITY PROGRAM (EOP) BOARD OF DIRECTORS 171. RESOLUTION OF SUPPORT FOR THE ELIMINATION OF THE SUNSET PROVISIONS OF THE LOCAL GOVERNMENT MANAGEMENT IMPROVEMENT FUND (LGRMIF) AND THE CULTURAL EDUCATION FUND (CEF) 172. RESOLUTION SUPPORTING LEGISLATION TO ESTABLISH AN AG OPPORTUNITY ZONE 173. AUTHORIZE FILLING THE NUTRITION SERVICES COORDINATOR POSITION - OFFICE FOR THE AGING 174. AUTHORIZE TRANSFER OF FUNDS TO PAY FOR INSURANCE – CENTRAL GARAGE 175. RECOGNIZE MAY 6-12, 2004 AS NATIONAL NURSES WEEK 176. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN TO CHANGE TITLE AND GRADE LEVEL OF PERSONNEL ASSISTANT AND SET SALARY ACCORDINGLY – AS AMENDED BY RESOLUTION NO. 96-05 W/D RULES OF PROCEDURE MODIFICATION - WITHDRAWN 177. AMEND RESOLUTION NO. 132-04/ACCEPT PROPOSAL FOR OIL AND GAS LEASING OF COUNTY-OWNED LANDS – BUILDINGS AND GROUNDS 178. AUTHORIZE FOUR RESOLUTIONS BE BROUGHT TO THE FLOOR 179. AUTHORIZE FILLING VACANT ACCOUNT CLERK TYPIST/KEYBOARD SPECIALIST 180. ACKNOWLEDGE APPOINTMENT/AMEND TITLE AND SET SALARY OF ASSISTANT DISTRICT ATTORNEY 181. AUTHORIZE WAIVER OF ENVIRONMENTAL INSURANCE COVERAGE FOR JEFF’S SEPTIC – SHERIFF’S DEPARTMENT ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE I 182. RECOGNIZE APRIL 17, 2004 AS SCHUYLER COUNTY’S 150TH BIRTHDAY REGULAR MEETING MAY 10, 2004 183. APPROVE MINUTES OF THE APRIL 12, 2004 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 184. RESOLUTION IN SUPPORT OF RECRUITMENT OF AN INDY RACING LEAGUE TO WATKINS GLEN INTERNATIONAL 185. DECLARE JUNE AS FIREWORKS EYE SAFETY MONTH - PUBLIC HEALTH 186. RECOGNIZE JUNE 14 – 20, 2004 AS NATIONAL MEN’S HEALTH WEEK – PUBLIC HEALTH 187. AUTHORIZE AGREEMENT WITH THE STATE UNIVERSITY OF NEW YORK AT BUFFALO FOR STUDENT REFERRAL FOR CLINICAL EXPERIENCE – COMMUNITY SERVICES 188. AUTHORIZE CONTRACT WITH KEVIN DENNY, MD FOR PART-TIME CHILD SERVICES FOR 2004 – COMMUNITY SERVICES 189. AUTHORIZE FILLING VACANT REGISTERED PROFESSIONAL NURSE POSITION - COMMUNITY SERVICES 190. AMEND AGREEMENT WITH FINGER LAKES ADDICTIONS COUNSELING AND REFERRAL AGENCY (FLACRA) AND AMEND 2004 BUDGET- COMMUNITY SERVICES 191. AUTHORIZE ROLLOVER OF FEDERAL SALARY SHARING FUNDS AND AMEND 2004 COUNTY BUDGET – COMMUNITY SERVICES 192. AUTHORIZE AGREEMENT BETWEEN FINGER LAKES ADDICTIONS COUNSELING AND REFERRAL AGENCY (FLACRA) AND COMMUNITY SERVICES BOARD FOR BUILDING MAINTENANCE – COMMUNITY SERVICES 193. AUTHORIZE OUT OF COUNTRY TRAVEL – HEALTH SERVICES 194. AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM 7/1/04 – 6/30/05 – HEALTH SERVICES 195. AUTHORIZE FILLING VACANT STAFF SOCIAL WORKER POSITION - COMMUNITY SERVICES 196. AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE REPLACEMENTS OF CULVERTS ON COUNTY ROAD 11 AND COUNTY ROAD 16 - HIGHWAY DEPARTMENT 197. A RESOLUTION AUTHORIZING THE SENECA HARBOR BREAKWATER PROJECT IN AND FOR THE COUNTY OF SCHUYLER, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $215,330, AND AUTHORIZING THE ISSUANCE OF $215,330 BONDS OF SAID COUNTY TO PAY THE COST THEREOF (Bonding is for Phase II of the Seneca Harbor Park Project) 198. AUTHORIZE TRANSFER OF FUNDS FOR IT SUPPORT SERVICES 199. RULES OF PROCEDURE MODIFICATION 200. RESOLUTION TO DECLARE MAPS SURPLUS – REAL PROPERTY ---PAGE BREAK--- RESOLUTION BY NUMBER – 2004 I 201. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – KOCH, PARCEL 52.00-1-63 - TOWN OF READING 202. AUTHORIZE INCREASE IN CORNING COMMUNITY COLLEGE CAPITAL CHARGEBACK 203. AUTHORIZATION FOR THE COUNTY OF SCHUYLER TO APPLY FOR A JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) - PROBATION 204. AUTHORIZE GRANT APPLICATION WITH STATE EMERGENCY MANAGEMENT OFFICE 205. EXTEND APPOINTMENT OF PART-TIME CLERK POSITION IN DISTRICT ATTORNEY’S OFFICE 206. AUTHORIZE CONTRACT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICE FOR A BYRNE NARCOTICS GRANT – DISTRICT ATTORNEY 207. AUTHORIZE CONTRACT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICE FOR A BYRNE NARCOTICS GRANT - DISTRICT ATTORNEY 208. DECLARE EQUIPMENT SURPLUS – OFFICE FOR THE AGING 209. DECLARE EQUIPMENT SURPLUS – HIGHWAY DEPARTMENT 210. AUTHORIZE ONGOING AGREEMENT WITH HSBC BANK USA FOR TWO SAFETY DEPOSIT BOXES – INFORMATION TECHNOLOGY 211. AUTHORIZE FILLING THREE SEASONAL LABORER POSITIONS AND ONE SEASONAL MOTOR EQUIPMENT OPERATOR POSITION – HIGHWAY DEPARTMENT 212. ACCEPT/REJECT BIDS FOR SENECA HARBOR PARK PHASE II CONSTRUCTION – BUILDINGS AND GROUNDS 213. AUTHORIZE AGREEMENT WITH DOT COMMERCE, INC. FOR WEB PAGE ADMINISTRATION 214. ACCEPT BID FOR GALVANIZED PIPE, FLARED END SECTIONS – HIGHWAY DEPARTMENT 215. ACCEPT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SAND & SELECT GRANULAR FILL – HIGHWAY DEPARTMENT 216. ACCEPT BID FOR GUIDERAIL – HIGHWAY DEPARTMENT 217. ACCEPT/REJECT BIDS FOR SIGNS, SIGN POSTS, EXTENSIONS AND SIGN BLANKS – HIGHWAY DEPARTMENT 218. ACCEPT BIDS FOR STEEL PIPE, POLYETHYLENE PIPE, GABION BASKETS, STEEL PLATE & SHOP STEEL – HIGHWAY DEPARTMENT 219. AMEND 2004 BUDGET FOR NON-RESIDENTIAL DOMESTIC VIOLENCE GRANT - SOCIAL SERVICES 220. AUTHORIZE YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM 221. DECLARE JUNE 17, 2004 AS “DAY OF THE FAMILY” IN SCHUYLER COUNTY 222. REQUEST STATE LEGISLATION TO AMEND RESIDENCY REQUIREMENT FOR THE SECOND ASSISTANT DISTRICT ATTORNEY POSITION ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE I 223. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR SECOND ASSISTANT DISTRICT ATTORNEY 224. RECOGNIZE THE WEEK OF MAY 16-22, 2004 AS EMERGENCY MEDICAL SERVICES WEEK 225. AUTHORIZE SIX RESOLUTIONS BE BROUGHT TO THE FLOOR 226. ACKNOWLEDGE APPOINTMENTS AND SALARY – BOARD OF ELECTIONS 227. AUTHORIZE TRANSFER OF FUNDS – PUBLIC DEFENDER 228. AUTHORIZE GRANT APPLICATION AND SUBSEQUENT CONTRACT FOR STEP GRANT – SHERIFF’S DEPARTMENT 229. AUTHORIZE APPOINTMENT – AGRICULTURE AND FARMLAND PROTECTION BOARD 230. AUTHORIZE TEMPORARY DEPUTY APPOINTMENT – LEGISLATURE 231. RESOLUTION REQUESTING THE STATE’S IMMEDIATE INTERVENTION IN AUDITING CELLULAR PHONE COMPANIES TO ENSURE THE APPROPRIATE DISTRIBUTION OF SALES TAX REGULAR MEETING JUNE 14, 2004 232. APPROVE MINUTES OF THE MAY 10, 2004 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 233. DESIGNATE THE SCHUYLER COUNTY PLANNING COMMISSION AS LEAD AGENCY FOR SEQR REVIEW OF THE COMPREHENSIVE PLAN 234. AUTHORIZATION TO COMMIT NOT MORE THAN $12,500 FROM FY 2005 BUDGET FOR THE PURPOSE OF FUNDING A STUDY OF THE FEASIBILITY OF VARIOUS INTER-MUNICIPAL AND COUNTYWIDE WATER AND WASTE WATER SYSTEM ORGANIZATIONS 235. AUTHORIZE ADVERTISEMENT FOR POSITION OF COUNTY ADMINISTRATOR AND CREATION OF SELECTION COMMITTEE THEREFOR 236. AUTHORIZE AGREEMENT WITH SCHUYLER COUNTY YOUTH BUREAU – PUBLIC HEALTH 237. AUTHORIZE WAIVER OF PROFESSIONAL LIABILITY INSURANCE COVERAGE FOR HEALTH CARE COMPLIANCE ENTERPRISE – COMMUNITY SERVICES 238. AUTHORIZE CONTRACT RENEWAL WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT FOR TRANSPORTATION SERVICES FOR 2004-2005 – COMMUNITY SERVICES 239. AUTHORIZE AGREEMENT WITH SMITH PAULISON FOR CONSULTATION SERVICES FOR 2004 – COMMUNITY SERVICES 240. AUTHORIZE DISTRIBUTION AGREEMENT WITH MCKESSON CORP. FOR MEDICATIONS AND AMEND THE 2004 BUDGET – COMMUNITY SERVICES 241. AUTHORIZE AGREEMENT WITH ANDREW SEUBERT FOR CONSULTATION SERVICES FOR 2004 – COMMUNITY SERVICES ---PAGE BREAK--- RESOLUTION BY NUMBER – 2004 I 242. AUTHORIZE AGREEMENT WITH MENTAL HEALTH ASSOCIATION FOR 2004 – COMMUNITY SERVICES 243. AUTHORIZE AGREEMENT WITH THE ARC OF SCHUYLER COUNTY GLEN INDUSTRIES FOR PEER SPECIALIST FOR 2004 – COMMUNITY SERVICES 244. AUTHORIZE CONTRACT RENEWAL WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT FOR SCHOOL SUPPORT SERVICES FOR 2004-2005 – COMMUNITY SERVICES 245. ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES – PUBLIC HEALTH 246. AUTHORIZE CONTRACT WITH THE NEW YORK STATE DIVISION OF VETERANS AFFAIRS 247. AUTHORIZE FILLING AN ON-CALL MEAL DELIVERER POSITION – OFFICE FOR THE AGING 248. ACCEPT DONATIONS FOR THE FAMILY RESOURCE CENTER – YOUTH BUREAU 249. DECLARE EQUIPMENT JUNK – PUBLIC HEALTH 250. AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE ADMINISTRATIVE UNIT CSEA FOR CLARIFICATION OF DISABILITY INSURANCE LANGUAGE 251. AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW 252. AUTHORIZE CONTRACT AMENDMENT WITH SOUTHERN TIER CENTRAL REGIONAL PLANNING AND DEVELOPMENT & D) BOARD 253. AUTHORIZE CORRECTION FOR INSURANCE BUY-OUT OFFER FOR 2004 254. ACCEPT PROPOSAL FROM SCHAMEL BROTHERS CONSTRUCTION FOR REMOVAL OF STRUCTURE ON COUNTY OWNED LAND IN BURDETT 255. AUTHORIZE CONTRACT WITH SUNY BINGHAMTON FOR BUDGET PROJECT 256. ACCEPT/REJECT BIDS FOR HARVESTING OF TIMBER IN COUNTY OWNED FOREST – BUILDINGS AND GROUNDS 257. ADOPTION OF ADMINISTRATIVE POLICY FOR ALL DEPARTMENTS – HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT 258. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.6330 AND ASSEMBLY BILL A.9999, AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO CERTAIN STATE LANDS SUBJECT TO TAXATION FOR ALL PURPOSES 259. APPROVAL OF APPLICATION FOR CORRECTED TAX ROLL – TOWN OF HECTOR W/D AUTHORIZE TRANSFER OF FUNDS FOR BATTERY BACK UP – BOARD OF ELECTIONS – WITHDRAWN 260. AUTHORIZE FILLING VACANT PART-TIME TYPIST POSITION AND TRANSFER FROM CONTINGENCY ACCOUNT – PROBATION ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE I 261. ANNUAL UPDATE OF THE 2005 PINS DIVERSION PLAN - PROBATION DEPARTMENT 262. RESOLUTION IN OPPOSTION OF ASSEMBLY BILL NO. A.04080 AND SENATE BILL NO. S.0887, WHICH WOULD AMEND THE PUBLIC HEALTH LAW IN RELATION TO THE REGULATION OF RESIDENTIAL SEPTIC SYSTEMS 263. AMEND 2004 CELEBRATIONS BUDGET 264. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2004 265. AMENDING LOCAL LAW NO. 1 OF 2003 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) 265. AUTHORIZE TRANSFER OF FUNDS FOR PURCHASE OF COMPUTER – COUNTY ATTORNEY’S OFFICE 266. AUTHORIZE CONTRACT WITH EBS BENEFIT SOLUTIONS – HUMAN RESOURCES 267. AUTHORIZE TRANSFER OF FUNDS – PUBLIC DEFENDER 268. AUTHORIZE HIRING OF PERSONAL SECRETARY ON A TEMPORARY BASIS OR CONTRACT WITH TEMPORARY AGENCY – LEGISLATURE/ BUILDINGS AND GROUNDS 269. AUTHORIZE TWO RESOLUTIONS BE BROUGHT TO THE FLOOR 270. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.7397 AND ASSEMBLY BILL A.11493, AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN RELATION TO PROVIDING THAT THE ASSISTANT DISTRICT ATTORNEY OF THE COUNTY OF SCHUYLER NEED NOT BE A RESIDENT OF SUCH COUNTY 271. RESOLUTION IN SUPPORT OF SENATE BILL NO. S.6897, WHICH WOULD AMEND THE PUBLIC HEALTH LAW IN REGARDS TO CERTIFICATION OF ON-SITE SEPTIC SYSTEMS JULY 12, 2004 REGULAR MEETING 272. APPROVE MINUTES OF THE JUNE 14, 2004 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 273. AUTHORIZATION TO COMMIT NOT MORE THAN $5,000 FROM FY2005 BUDGET FOR THE PURPOSE OF FUNDING A STUDY OF THE FEASIBILITY OF CONSTRUCTING A VISITOR CENTER IN WATKINS GLEN AND A PLAN FOR REORGANIZATION OF THE SCHUYLER COUNTY CHAMBER OF COMMERCE 274. AUTHORIZE FILLING VACANT SOCIAL WORKER ASSISTANT POSITION – COMMUNITY SERVICES 275. ACKNOWLEDGE APPOINTMENT AND SET SALARY - DIRECTOR OF PATIENT SERVICES POSITION – PUBLIC HEALTH 276A. AMEND RESOLUTION NO. 276 276. AUTHORIZE FILLING VACANT REGISTERED PROFESSIONAL NURSE POSITIONS – PUBLIC AND MENTAL HEALTH – AS AMENDED 277. ACKNOWLEDGE AUGUST AS NATIONAL IMMUNIZATION ---PAGE BREAK--- RESOLUTION BY NUMBER – 2004 I AWARENESS MONTH – PUBLIC HEALTH 278. AUTHORIZE FILLING VACANT SENIOR REGISTERED PROFESSIONAL NURSE POSITION – COMMUNITY SERVICES 279. AUTHORIZE CONTRACT WITH CONSTANCE FRABONI, RN, FOR 281. NURSING SERVICES FOR 2004 – MENTAL HEALTH 280. AUTHORIZE AMENDMENT TO AGREEMENT WITH NEXT CENTURY SOFTWARE TO REFLECT CHANGE IN COMPANY NAME – COMMUNITY SERVICES 281. AUTHORIZE CONTRACT WITH SCHUYLER HEAD START – COMMUNITY SERVICES 282. AUTHORIZATION TO FILL VACANT COOK MANAGER POSITION – OFFICE FOR THE AGING 283. AUTHORIZE CONTRACT WITH CATHOLIC CHARITIES WATKINS GLEN YOUTH CENTER – SOCIAL SERVICES 284. AUTHORIZATION TO EXTEND CONTRACT WITH FAMILY SERVICES SOCIETY FOR BIG BROTHER/BIG SISTERS PROGRAM – SOCIAL SERVICES 285. AUTHORIZE CONTRACT WITH STAFFCARE OF NEW YORK, INC. DBA AMERICARE – SOCIAL SERVICES 286. AUTHORIZE TRANSFER OF FUNDS FOR TEMPORARY HELP – LEGISLATIVE OFFICE/ BUILDINGS AND GROUNDS 287. AUTHORIZE CONTRACT WITH CIASCHI FIRM FOR 2003, 2004 & 2005 AUDITS – TREASURER’S OFFICE 288. AUTHORIZE AGREEMENT WITH FISCAL ADVISORS FOR SENECA HARBOR PARK PHASE II BOND/WAIVE INSURANCE STANDARDS – TREASURER’S OFFICE 289. AUTHORIZE AGREEMENT WITH SCHAMEL BROTHERS FOR RIGHT-OF- WAY – BUILDINGS AND GROUNDS 290. AUTHORIZED CHANGE ORDER NO. 1 WITH EDGER ENTERPRISES – BUILDING AND GROUNDS 291. AUTHORIZE FILLING VACANT PART-TIME CLEANER VACANCY – BUILDINGS AND GROUNDS 292. RESOLUTION IN SUPPORT OF A NEW YORK STATE DEPARTMENT OF TRANSPORTATION STUDY OF THE WEIGHT RESTRICTION ON ROUTE 414 293. AUTHORIZE FILLING VACANT FULL-TIME DEPUTY SHERIFF POSITION – SHERIFF’S DEPARTMENT 294. AUTHORIZE REQUEST FOR PROPOSALS FOR COMPUTER CONSULTING SERVICES 295. AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE ADMINISTRATIVE UNIT CSEA 296. AUTHORIZE FIVE RESOLUTIONS BE BROUGHT TO THE FLOOR 297. AUTHORIZATION TO FILL VACANT SUPPORT INVESTIGATOR POSITION – SOCIAL SERVICES 298. AUTHORIZE ASBESTOS TESTING ON COUNTY-OWNED PROPERTY/TRANSFER OF FUNDS ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE I 299. AUTHORIZATION TO FILL TEMPORARY LABORER POSITION – HIGHWAY 300. APPOINTMENT – BUDGET OFFICER FOR 2004 301. APPOINTMENT – WATKINS GLEN DISTRICT MANAGEMENT ASSOCIATION, INC. SPECIAL MEETING JULY 28, 2004 302. RATIFICATION OF SPECIAL MEETING 303. AUTHORIZE TRANSFER OF FUNDS FOR THE PURCHASE OF TWO COMPUTERS – DISTRICT ATTORNEY’S OFFICE 304A. MOTION TO AMEND RESOLUTION NO. 304 304. AUTHORIZE TRANSFER OF FUNDS – PUBLIC DEFENDER – AS AMENDED 305A. MOTION TO AMEND RESOLUTION NO. 305 305. AUTHORIZE TRANSFER OF FUNDS AND CONTRACT WITH AMRIC ASSOCIATES FOR INVESTIGATIVE SERVICES – PUBLIC DEFENDER – AS AMENDED - FAILED 306. AUTHORIZE TRANSFER OF FUNDS AND CONTRACT WITH AMRIC ASSOCIATES FOR INVESTIGATIVE SERVICES – PUBLIC DEFENDER - FAILED REGULAR MEETING AUGUST 9, 2004 307. APPROVE MINUTES OF THE JULY 12, 2004 REGULAR MEETING AND JULY 28, 2004 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 308. AUTHORIZE FILLING OF SENIOR STAFF SOCIAL WORKER POSITION - COMMUNITY SERVICES 309. AUTHORIZE FILLING OF STAFF SOCIAL WORKER POSITION - COMMUNITY SERVICES 310. RECOGNIZE SEPTEMBER AS PROSTATE CANCER AWARENESS MONTH - PUBLIC HEALTH 311. RECOGNIZE SEPTEMBER AS NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH - HEALTH SERVICES 312. RECOGNIZE SEPTEMBER 25, 2004 AS FAMILY HEALTH AND FITNESS DAY USA - PUBLIC HEALTH 313. AUTHORIZE CONTRACT WITH SUZANNE FINGLER, REGISTERED NURSE - PUBLIC HEALTH 314. AUTHORIZE OUT OF STATE TRAVEL FOR MARCIA FOR HOMMED USERS MEETING - PUBLIC HEALTH 315. AMEND 2004 COUNTY BUDGET FOR THE BIOTERRORISM GRANT – PUBLIC HEALTH 316. AMEND THE 2004 COUNTY BUDGET FOR MEDICAID FUNDING – MENTAL HEALTH ---PAGE BREAK--- RESOLUTION BY NUMBER – 2004 I 317. AUTHORIZE TRANSFER OF FUNDS TO PAY FOR SAFETY NET EXPENSES – SOCIAL SERVICES 318. AUTHORIZE CONTRACT WITH CARE GIVERS FOR PERSONAL CARE SERVICE – SOCIAL SERVICES 319. AUTHORIZE CIVIL SERVICE TO ACCEPT PERSONAL CHECKS FOR APPLICATION FEES 320. DECLARE EQUIPMENT JUNK – LEGISLATURE AND COUNTY ATTORNEY 321. APPOINTMENT – COUNTY ADMINISTRATOR SELECTION COMMITTEE 322. AMEND 2004 CELEBRATIONS BUDGET 323. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES –AS AMENDED (RES. NO. 446-04) 324. AUTHORIZE TRANSFER OF FUNDS FOR ADVERTISING – COUNTY ADMINISTRATOR 325. AUTHORIZE CHANGE ORDER #2 WITH EDGER ENTERPRISES, INC. IN THE AMOUNT OF $2,300 – BUILDINGS AND GROUNDS 326. A RESOLUTION SUPPLEMENTING THE BOND RESOLUTION DATED MAY 10, 2004, TO AUTHORIZE THE ISSUANCE OF AN ADDITIONAL $500,000 SERIAL BONDS OF THE COUNTY OF SCHUYLER, NEW YORK, TO PAY PART OF THE COST OF THE SENECA HARBOR BREAKWATER PROJECT IN AND FOR SAID COUNTY 327. ACCEPT/REJECT BIDS FOR THE BREAKWATER PROJECT – BUILDINGS AND GROUNDS 328. ACCEPT/REJECT BIDS FOR REPLACEMENT OF CR 11 CULVERT AND REPAIR WORK FOR CR 16 CULVERT AND AUTHORIZE TRANSFER OF FUNDS – HIGHWAY DEPARMENT 329. RESOLUTION RECOMMENDING TRANSPORTATION PRIORITIES TO THE NEW YORK STATE ADVISORY PANEL OF TRANSPORTATION POLICY FOR 2025 330. AUTHORIZATION FOR CHAIRMAN TO SIGN YOUTH ASSESSMENT AND SCREENING INSTRUMENT (YASI) MEMO OF UNDERSTANDING- PROBATION 331. APPOINTMENT – SCHUYLER COUNTY PLANNING COMMISSION 332. AMEND THE 2004 COUNTY ROAD BUDGET – HIGHWAY 333. AUTHORIZE TRANSFER OF FUNDS – HOUSEHOLD HAZARDOUS WASTE DAY 334. RESOLUTION URGING FEDERAL INTERVENTION TO ADDRESS THE PROPERTY TAX CRISIS IN NEW YORK STATE SPECIAL MEETING SEPTEMBER 08, 2004 335. RATIFICATION OF SPECIAL MEETING ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE I 336. ACCEPT/REJECT PROPOSALS FOR COMPUTER CONSULTING SERVICES 337. AUTHORIZE TRANSFER OF FUNDS TO PURCHASE COMPUTER EQUIPMENT – BUDGET OFFICER 338. INTERIM APPOINTMENT OF COUNTY ADMINISTRATOR REGULAR MEETING SEPTEMBER 13, 2004 339. APPROVE MINUTES OF THE AUGUST 9, 2004 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 340. AGREEMENT TO BE LOCAL SPONSOR FOR SNOWMOBILE TRAILS GRANT APPLICATION FOR SNOWMOBILE CLUBS FOR 2004-2005 341. AUTHORIZE CONTRACT WITH BARBARA SHOEMAKER, RN - PUBLIC HEALTH 342. AUTHORIZE FILLING VACANT PART-TIME REGISTERED PROFESSIONAL NURSE POSITION - PUBLIC HEALTH 343. RECOGNIZE THURSDAY, OCTOBER 7, 2004 AS NATIONAL DEPRESSION SCREENING DAY - COMMUNITY SERVICES 344. AUTHORIZE 2004 CONTRACT RENEWAL WITH IVANS, INC. FOR BILLING SERVICES – PUBLIC HEALTH 345. AUTHORIZE AGREEMENT WITH FREED MAXICK & BATTAGLIA, PC FOR COST REPORT PREPARATION - PUBLIC HEALTH 346. AMEND AGREEMENT WITH STAFKINGS FOR HOME HEALTH SERVICES – PUBLIC HEALTH 347. AMEND 2004 BUDGET – VETERANS SERVICE AGENCY 348. AUTHORIZE AGREEMENT WITH NEW YORK STATE ELECTRIC AND GAS (NYSEG) AT THE GREENIDGE POWER PLANT IN DRESDEN FOR BOTTOM ASH/CINDERS- HIGHWAY DEPARTMENT 349. AUTHORIZE STOP DWI PLAN FOR 2005 – SHERIFF’S DEPARTMENT 350. AUTHORIZE FILLING THREE PART-TIME VACANT CORRECTION OFFICER POSITIONS – SHERIFF’S DEPARTMENT 351. AUTHORIZE THE CREATION AND FILLING OF TWO ADDITIONAL TRANSPORT AIDE-FEMALE POSITIONS – SHERIFF’S DEPARTMENT 352. AUTHORIZE OUT OF STATE TRAVEL – SHERIFF’S DEPARTMENT 353. AUTHORIZE RESEARCH OF AND PROCUREMENT OF FUNDING FOR THE PROPOSED RURAL URBAN CENTER EXPANSION AND RENOVATION PROJECT – BUILDINGS AND GROUNDS 354. AUTHORIZE ADVERTISEMENT FOR COMPUTER AIDED DISPATCH AND INTEGRATED PHASE I AND II COMPLIANT GIS MAPPING SYSTEM – EMERGENCY MANAGEMENT 355. AUTHORIZE ADVERTISEMENT FOR BIDS FOR STRUCTURAL MAINTENANCE AND REPAIRS ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY – HIGHWAY DEPARTMENT ---PAGE BREAK--- RESOLUTION BY NUMBER – 2004 I W/D AUTHORIZE AGREEMENT WITH SGS TESTCOM AND IBM FOR A VEHICLE INSPECTION PROGRAM – HIGHWAY DEPARTMENT - WITHDRAWN 356. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 2004 AMENDING LOCAL LAW NO. 3 OF THE YEAR 1999 TO ADD SUBSECTION A2 TO SECTION 3 “QUALIFICATIONS” 357. MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR 358. AMEND RESOLUTION NO. 132-04 TITLED ACCEPT PROPOSAL FOR OIL AND GAS LEASING OF COUNTY OWNED LAND - BUILDING AND GROUNDS – AMENDED BY RESOLUTION NO. 177-04 359. NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY 2004-2005 SPECIAL MEETING SEPTEMBER 28, 2004 360. RATIFICATION OF SPECIAL MEETING 361. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 2004 AMENDING LOCAL LAW NO. 3 OF THE YEAR 1999 TO ADD SUBSECTION A2 TO SECTION 3 “QUALIFICATIONS” - FAILED REGULAR MEETING OCTOBER 12, 2004 362. APPROVE MINUTES OF THE SEPTEMBER 8, 2004 SPECIAL MEETING, SEPTEMBER 13, 2004 REGULAR MEETING AND SEPTEMBER 28, 2004 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 363. DESIGNATE SCHUYLER COUNTY AS LEAD AGENCY FOR THE RIGHT- TO-FARM LAW STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) 364. AUTHORIZE APPOINTMENT TO THE ALCOHOL AND SUBSTANCE ABUSE SUBCOMMITTEE - COMMUNITY SERVICES 365. AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER COUNTY CHILD CARE COORDINATING COUNCIL - PUBLIC HEALTH 366. AUTHORIZE APPOINTMENT TO THE COMMUNITY HOME CARE PROFESSIONAL ADVISORY COMMITTEE - PUBLIC HEALTH 367. AUTHORIZE APPOINTMENTS TO THE COMMUNITY SERVICES BOARD AND ALCOHOL & SUBSTANCE ABUSE SUBCOMMITTEE - COMMUNITY SERVICES 368. AUTHORIZATION TO CREATE, ADVERTISE AND FILL SENIOR REGISTERED PROFESSIONAL NURSING POSITIONS - HEALTH SERVICES 369. RECOGNIZE NOVEMBER 2004 AS AMERICAN DIABETES MONTH - PUBLIC HEALTH 370. AUTHORIZE 2004 - 2005 EARLY INTERVENTION / CHILD FIND / GRANT AND ESTABLISH BUDGET - PUBLIC HEALTH 371. AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY YOUTH BUREAU – PUBLIC HEALTH ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE I 372. AUTHORIZE AGREEMENT WITH FINGER LAKES ADDITIONS AND COUNSELING REFERRAL AGENCY (FLACRA) FOR NURSING SERVICES - PUBLIC HEALTH 373. AUTHORIZE AGREEMENT WITH HEALTH RESEARCH, INC. AND AMEND 2004 COUNTY BUDGET - PUBLIC HEALTH 374. AUTHORIZE TRANSFER OF FUNDS FOR MILEAGE EXPENSE – VETERANS SERVICE AGENCY 375. APPROVAL OF THE OFFICE FOR THE AGING 2005 ANNUAL IMPLEMENTATION PLAN FOR THE OLDER AMERICANS ACT AND NYS COMMUNITY SERVICES FOR THE ELDERLY PROGRAM 376. AUTHORIZE TRANSFER OF FUNDS FOR EMERGENCY AID FOR ADULTS – SOCIAL SERVICES 377. AUTHORIZE ADVERTISEMENT AND HIRING OF DEPUTY HIGHWAY SUPERINTENDENT POSITION – HIGHWAY DEPARTMENT 378. ACCEPT/REJECT BIDS FOR MISCELLANEOUS STRUCTURAL MAINTENANCE AND RECONSTRUCTION – HIGHWAY DEPARTMENT 379A. MOTION TO TABLE RESOLUTION NO. 379 – FAILED 379B. MOTION TO AMEND RESOLUTION NO. 379 379. AUTHORIZE CREATION AND FILLING OF A FULL-TIME MOTOR EQUIPMENT OPERATOR POSITION – HIGHWAY DEPARTMENT – AS AMENDED 380. AUTHORIZE TRANSFER OF FUNDS FOR FUEL ACCOUNT – WEIGHTS AND MEASURES 381. AUTHORIZE CONTRACT RENEWAL WITH BOUILLE ELECTRIC, INC. FOR GENERATOR AND UPS TESTING AND MAINTENANCE – BUILDINGS AND GROUNDS 382. RESOLUTION TO APPROVE REFUND OF TAXES – STARKWEATHER, TOWN OF CATHARINE 383. DECLARE EQUIPMENT ITEMS SURPLUS AND JUNK – VARIOUS DEPARTMENTS 384. AUTHORIZE GRANT APPLICATION FOR WIRELESS E-911 SERVICES – EMERGENCY MANAGEMENT 385. AUTHORIZE GRANT APPLICATION FOR 2004 FIRE PREVENTION AND SAFETY GRANT – EMERGENCY MANAGEMENT 386. AUTHORIZE TRANSFER OF FUNDS FOR THE PURCHASE OF A BOAT – SHERIFF’S DEPARTMENT 387. ACCEPT/REJECT BIDS FOR THE PURCHASE OF COMPUTER AIDED DISPATCH AND INTEGRATED PHASE I AND II COMPLIANT GIS MAPPING SYSTEM – EMERGENCY MANAGEMENT 388. AUTHORIZE OUT OF STATE TRAVEL FOR GEORGE ROETS FOR CONFERENCE IN CLAYTON, MISSOURI - COMMUNITY SERVICES 389. AUTHORIZE TRANSFER OF FUNDS – INFORMATION TECHNOLOGY 390. AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR 2005 391. AUTHORIZE RATE RENEWAL WITH BLUE CROSS/BLUESHIELD OF CENTRAL NEW YORK FOR HEALTH INSURANCE FOR THE YEAR 2005 ---PAGE BREAK--- RESOLUTION BY NUMBER – 2004 I 392. AUTHORIZE TRANSFER OF FUNDS – PUBLIC DEFENDER 393. AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR A STRUCTURAL EVALUATION OF PROPERTY – BUILDINGS AND GROUNDS 394. MOTION TO BRING FOUR RESOLUTIONS TO THE FLOOR 395. RECOGNIZE THE WEEK OF OCTOBER 31 - NOVEMBER 6, 2004 AS WINTER PREPAREDNESS WEEK – EMERGENCY MANAGEMENT 396. AUTHORIZE TRANSFER OF FUNDS – UNEMPLOYMENT INSURANCE 397. AUTHORIZE HIRING OF PERSONAL SECRETARY ON A TEMPORARY BASIS OR CONTRACT WITH TEMPORARY AGENCY – LEGISLATURE 398. ESTABLISH VISION COVERAGE PREMIUM FOR 2005 399. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN RELATIVE TO FACTOR RATING FOR POSITION OF COMMISSIONER OF SOCIAL SERVICES 400. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN RELATIVE TO FACTOR RATING AND GRADE LEVEL FOR POSITION OF PURCHASING AGENT 401. ADJUST SALARY FOR DEPUTY COMMISSIONER OF SOCIAL SERVICES 402. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN RELATIVE TO FACTOR RATING AND GRADE LEVEL FOR POSITION OF CONFIDENTIAL SECRETARY TO THE COUNTY ATTORNEY REGULAR MEETING NOVEMBER 8, 2004 403. APPROVE MINUTES OF THE OCTOBER 12, 2004 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 404. APPOINTMENT – SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY (SCIDA) 405. APPOINTMENTS – CHEMUNG-SCHUYLER-STEUBEN WORKFORCE DEVELOPMENT BOARD 406. RESOLUTION COMMITTING NOT MORE THAN $10,000 FROM FY 2005 BUDGET FOR THE PURPOSE OF ASSISTING ACTIVITIES OF THE WATKINS GLEN DISTRICT MANAGEMENT ASSOCIATION, INC. 407. RESOLUTION DECLARING A NEGATIVE SEQR ON THE RIGHT-TO- FARM LAW 408. LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 2004 CREATING THE RIGHT-TO-FARM LAW 409. AUTHORIZE CONTRACT WITH KELLY FITCH – PUBLIC HEALTH 410. AUTHORIZE CONTRACT AMENDMENT WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT FOR SCHOOL SUPPORT SERVICES FOR 2004-2005 – COMMUNITY SERVICES 411. AUTHORIZE TRANSFER OF FUNDS FOR WATERSHED SAMPLING ACCOUNT – PUBLIC HEALTH ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE I 412. AUTHORIZE THE SCHUYLER COUNTY LEGISLATURE TO REQUEST AN OVERRIDE OF THE NEW YORK STATE 2005 - 2006 BUDGET - HEALTH SERVICES 413. AUTHORIZE FILLING VACANT FOOD SERVICE HELPER POSITION – OFFICE FOR THE AGING 414. AUTHORIZE FILLING VACANT PART-TIME MEAL DELIVERER POSITION AND A VACANT PART-TIME MEAL DELIVERER ON-CALL POSITION – OFFICE FOR THE AGING 415. AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2005 AND RELATED CONTRACTS 416. DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU 417. AUTHORIZE TRANSFER OF FUNDS FOR MILEAGE – VETERANS SERVICE AGENCY 418. AUTHORIZE TRANSFER OF FUNDS FOR MILEAGE - HISTORIAN 419. SET DATES FOR SPECIAL MEETINGS OF THE LEGISLATURE 420. SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2005 421. SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE” 422. AMEND THE 2004 MACHINERY FUND BUDGET – HIGHWAY DEPARTMENT 423A. MOTION TO TABLE RESOLUTION NO. 423 – FAILED 423. AUTHORIZE THE BUILDINGS AND GROUNDS AND HIGHWAY DEPARTMENTS TO PAVE THE ACCESS TO SENECA HARBOR PARK IN THE SPRING OF 2005 - FAILED 424. AUTHORIZE CONTRACT RENEWAL WITH MENTAL HEALTH FOR 2005 CLEANING SERVICES – BUILDINGS AND GROUNDS 425. AUTHORIZE CONTRACT RENEWAL WITH COTT SYSTEMS FOR INDEXING SERVICES FOR THE YEAR 2005 – COUNTY CLERK 426. AUTHORIZE RENEWAL OF LETTER AGREEMENT WITH SOIL AND WATER CONSERVATION DISTRICT FOR ROAD RUNNER SERVICE 427. AUTHORIZE SUBMISSION OF LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND GRANT APPLICATION FOR INDEXING MINUTES 428. AUTHORIZE APPLICATION AND CONTRACT FOR 2004/2005 NYS AID TO PROSECUTION GRANT - DISTRICT ATTORNEY 429. AUTHORIZE TRANSFER OF FUNDS FOR BOARDING OF PRISONERS – SHERIFF’S DEPARTMENT 430. AUTHORIZATION FOR CHAIRMAN TO SIGN COMMITMENT LETTER WITH NEW YORK STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES- PROBATION 431. AUTHORIZE TRANSFER OF FUNDS – PUBLIC DEFENDER 432. AUTHORIZE CONTRACT WITH THE STATE FOR FUNDS TO PURCHASE A MULTI-TOOLED BACKHOE – HIGHWAY DEPARTMENT 433. AUTHORIZE TRANSFER OF FUNDS TO PERSONNEL SERVICES OVERTIME AND AMEND THE 2004 BUDGET - SOCIAL SERVICES ---PAGE BREAK--- RESOLUTION BY NUMBER – 2004 I 434. ACCEPT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED 435. RESOLUTION TO JOIN THE NEW YORK STATE ASSOCIATION OF COUNTIES (NYSAC) COLLECTIVE LITIGATION AGAINST THE NATION’S LARGEST PHARMACEUTICAL MANUFACTURERS SEEKING A REFUND OF OVERCHARGES TO MEDICAID 436. MOTION TO BRING THREE RESOLUTIONS TO THE FLOOR 437. AUTHORIZE TRANSFER OF FUNDS TO PAY FOR ELEVATOR REPAIR – BUILDINGS AND GROUNDS 438A. MOTION TO TABLE RESOLUTION NO. 438 – FAILED 438. AUTHORIZE AGREEMENTS WITH SUSAN PAYNE AND HUNT ENGINEERS FOR A RISK ANALYSIS STUDY FOR SCHUYLER COUNTY CONSOLIDATED MUNICIPAL OFFICES – BUILDINGS AND GROUNDS 439. AUTHORIZE TRANSFER OF FUNDS FOR VEHICLE EXPENSES – SHERIFF’S DEPARTMENT SPECIAL MEETING NOVEMBER 18, 2004 440. RATIFICATION OF SPECIAL MEETING 441. ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SOCIAL SERVICES 442. ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SHERIFF’S DEPARTMENT 443A. MOTION TO TABLE RESOLUTION NO. 443 443. ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – INFORMATION TECHNOLOGY AND MENTAL HEALTH - TABLED 444. ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – HIGHWAY 445. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN TO MODIFY THE PERFORMANCE APPRAISAL SALARY ADVANCEMENT FOR THE YEAR 2005 - FAILED 446. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN TO MODIFY THE COST OF LIVING ADJUSTMENT (COLA) AND THE PERFORMANCE APPRAISAL SALARY ADVANCEMENT FOR THE YEAR 2005 AND AMEND RESOLUTION NO. 323-04 447. LOCAL LAW INTRO. NO. 4 OF THE YEAR 2004 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2005 W/D ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – YOUTH BUREAU - WITHDRAWN 448. ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – HEALTH SERVICES AND SALARIES 449. ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – BOARD OF ELECTIONS ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE I SPECIAL MEETING NOVEMBER 19, 2004 450. RATIFICATION OF SPECIAL MEETING 451. ALLOW ALTERATIONS TO THE TENTATIVE BUDGET FOR 2005 – INFORMATION TECHNOLOGY 452. ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – YOUTH BUREAU 453. ALLOW ALTERATIONS TO THE TENTATIVE BUDGET FOR 2005 – CENTRAL GARAGE SPECIAL MEETING NOVEMBER 23, 2004 454. RATIFICATION OF SPECIAL MEETING 455. ACCEPT/REJECT 2004 TAX AUCTION BIDS 456. SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT 457. AUTHORIZE CREATION AND FILLING OF A KEYBOARD SPECIALIST POSITION – CIVIL SERVICE 458A. MOTION TO AMEND RESOLUTION NO. 458 458. AUTHORIZE CREATION, FILLING AND APPOINTMENT OF A HIGHWAY DEPARTMENT ADMINISTRATIVE CONSULTANT – HIGHWAY – AS AMENDED 459. AUTHORIZE TRANSFER OF FUNDS FOR OVERTIME – ANIMAL CONTROL 460. APPROPRIATE FUND BALANCE FOR THE PURCHASE OF A NEW ROAD PATROL VEHICLE – SHERIFF’S DEPARTMENT 461. ACKNOWLEDGE APPOINTMENT AND SET SALARY – PERSONAL SECRETARY POSITION - LEGISLATURE SPECIAL MEETING DECEMBER 9, 2004 462. RATIFICATION OF SPECIAL MEETING 463. ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2005 464. APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2005" 465. 2005 BUDGET OF $31,698,333.00: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN REGULAR MEETING DECEMBER 13, 2004 ---PAGE BREAK--- RESOLUTION BY NUMBER – 2004 I 466. APPROVE MINUTES OF THE NOVEMBER 8, 2004 REGULAR MEETING, THE NOVEMBER 18, NOVEMBER 19 AND NOVEMBER 23, 2004 SPECIAL MEETINGS OF THE SCHUYLER COUNTY LEGISLATURE 467. ADOPTION OF LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 3 OF THE YEAR 2004 CREATING THE RIGHT-TO-FARM LAW 468. AUTHORIZE FILLING OF REGISTERED PROFESSIONAL NURSE POSITION - PUBLIC HEALTH 469. AMEND 2004 BUDGET FOR BOND PAYMENTS – COMMUNITY SERVICES 470. AUTHORIZE CONTRACT RENEWAL WITH AFFILIATED CONSULTANTS, PC FOR CONSULTANT SERVICES AND MENTAL HEALTH WORKERS FOR 2005 – COMMUNITY SERVICES 471. AUTHORIZE CONTRACT RENEWAL WITH THE COUNCIL ON ALCOHOLISM AND ADDICTIONS OF THE FINGER LAKES, INC. FOR 2005 – COMMUNITY SERVICES 472. AUTHORIZE CONTRACT RENEWAL WITH FINGER LAKES ADDICTIONS COUNSELING AND REFERRAL AGENCY (FLACRA) FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES FOR 2005 – COMMUNITY SERVICES 473. RENEW AGREEMENT WITH MENTAL HEALTH ASSOCIATION FOR 2005 – COMMUNITY SERVICES 474. AUTHORIZE CONTRACT WITH KEVIN DENNY, MD FOR PART-TIME CHILD SERVICES FOR 2005 – COMMUNITY SERVICES 475. AUTHORIZE CONTRACT RENEWALS FOR 2005 WITH PROBATION, PUBLIC HEALTH, MENTAL HEALTH AND SOCIAL SERVICES FOR THE FAMILIES FIRST PROGRAM – YOUTH BUREAU 476. AUTHORIZE CONTRACT RENEWAL FOR 2005 WITH CORNELL COOPERATIVE EXTENSION FOR FOOD STAMP NUTRITION PROGRAM – SOCIAL SERVICES 477. AUTHORIZE TRANSFER OF FUNDS TO SAFETY NET AND AMEND 2004 BUDGET – SOCIAL SERVICES 478. AUTHORIZE CONTRACT WITH THE FOOD BANK OF THE SOUTHERN TIER FOR THE VENISON DONATION PROGRAM - SOCIAL SERVICES 479. AUTHORIZE INCREASE IN THE HOURS OF THE YOUTH PROGRAM COORDINATOR – YOUTH BUREAU 480. AUTHORIZE AGREEMENT WITH YOUTH BUREAU FOR NON- MANDATED PREVENTIVE SERVICES – SOCIAL SERVICES W/D ACCEPT RECOMMENDATIONS FOR THE RECLASSIFICATION/REALLOCATION STUDY - WITHDRAWN 481. AUTHORIZE TRANSFER OF FUNDS FOR SUPPLIES - HISTORIAN 482. AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW 483. SET DATE - 2004 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE I 484. SET DATE - 2005 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 485. ADOPT REVISED EQUAL EMPLOYMENT OPPORTUNITY STATEMENT FOR SCHUYLER COUNTY 486. AUTHORIZE CONTRACT WITH JOANNE CONLEY FOR REVIEW OF SECTION II IN THE MANAGEMENT/CONFIDENTIAL SALARY PLAN 487. AUTHORIZE TRANSFER OF FUNDS FOR FUEL ACCOUNT – HIGHWAY DEPARTMENT 488. AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO CHARGED ON THE JANUARY, 2005, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE 489. AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2005, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE 490. RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2005 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE 491. AUTHORIZE CONTRACT WITH MOTOROLA FOR CONSOLE SERVICE AGREEMENT – EMERGENCY MANAGEMENT 492. AUTHORIZE GRANT APPLICATION FOR E-911 FUNDS – EMERGENCY MANAGEMENT 493. AUTHORIZE CERTIFICATION OF COST ALLOCATION PLAN 494. AUTHORIZE TRANSFER OF FUNDS – TRANSPORTATION BUDGET 495. LOCAL LAW INTRO NO. 4 OF THE YEAR 2004/LOCAL LAW NO. OF THE YEAR 2005 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2005 496. DECLARE A NEGATIVE SEQR AND ADOPT THE SCHUYLER COUNTY COMPREHENSIVE PLAN 497. AUTHORIZATION TO CREATE AND FILL THE POSITION OF MOBILE WORK CREW SUPERVISOR IN THE DEPARTMENT OF SOCIAL SERVICES 498. AUTHORIZE FILLING A VACANT SOCIAL WELFARE EXAMINER POSITION IN SOCIAL SERVICES 499. ACKNOWLEDGE APPOINTMENT AND SET SALARY – DEPUTY HIGHWAY SUPERINTENDENT 500A. MOTION TO AMEND RESOLUTION NO. 500 – FAILED 500. AUTHORIZE DISTRICT ATTORNEY TO TRAVEL OUTSIDE OF NEW YORK STATE FOR TRAINING SEMINAR – DISTRICT ATTORNEY’S OFFICE 501. UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2004-2005 502. AUTHORIZE CONTRACT AMENDMENT WITH HUNT ENGINEERS FOR A RISK ANALYSIS STUDY FOR SCHUYLER COUNTY CONSOLIDATED MUNICIPAL OFFICES – BUILDINGS AND GROUNDS 503. AUTHORIZE MEMORANDUM OF AGREEMENTS WITH THE CSEA ADMINISTRATIVE UNIT AND HIGHWAY UNIT RELATIVE TO THE FLEXIBLE SPENDING PLAN ---PAGE BREAK--- RESOLUTION BY NUMBER – 2004 I 504. MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR 505. AUTHORIZE TRANSFER OF FUNDS – PUBLIC DEFENDER 506. LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2004 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 4% YEAR END MEETING DECEMBER 28, 2004 507. APPROVE MINUTES OF THE DECEMBER 9, 2004 PUBLIC HEARING, DECEMBER 9, 2004 SPECIAL MEETING AND DECEMBER 13, 2004 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 508. AMEND AGREEMENT WITH STAFFCARE OF NEW YORK, INC. (AmeriCare) FOR HOME HEALTH SERVICES – PUBLIC HEALTH 509. AUTHORIZE CONTRACT RENEWAL WITH THE CENTER FOR ROCHESTER’S HEALTH, UNIVERSITY OF ROCHESTER – PUBLIC HEALTH 510. AMEND 2004 COUNTY BUDGET – BIOTERRORISM GRANT - PUBLIC HEALTH 511. AUTHORIZE CONTRACT RENEWAL WITH HUMAN SERVICE DEVELOPMENT FOR EMERGENCY (BIOTERRORISM) PLANNING – PUBLIC HEALTH 512. AUTHORIZE AGREEMENT WITH SIGN LANGUAGE SOLUTIONS FOR INTERPRETING SERVICES FOR 2004-05 – HEALTH SERVICES 513. AUTHORIZE ADOPTION OF A REVISED FEE SCHEDULE FOR HOME HEALTH SERVICES – PUBLIC HEALTH 514. AUTHORIZE TRANSFER OF FUNDS FOR BUILDING REPAIRS – COMMUNITY SERVICES BOARD 515. AUTHORIZATION TO RENEW AGREEMENT WITH SCHUYLER COUNTY CHILD CARE COORDINATING COUNCIL FOR DAY CARE SERVICES – SOCIAL SERVICES 516. AUTHORIZE CONTRACT WITH CATHOLIC CHARITIES FOR NON- RESIDENTIAL DOMESTIC VIOLENCE SERVICES ROUND IV – SOCIAL SERVICES 517. AUTHORIZATION TO PURCHASE A VAN FOR THE MOBILE WORK CREW IN THE DEPARTMENT OF SOCIAL SERVICES 518. DEDICATION OF 2004 PROCEEDINGS 519. ADOPTION OF THE AMENDED AND RESTATED DEFERRED COMPENSATION MODEL PLAN 520. AUTHORIZE MEMORANDUM OF AGREEMENTS WITH THE CSEA ADMINISTRATIVE UNIT FOR NURSING POSITIONS 521. ACCEPT PROPOSAL FROM HARTER, SECREST & EMERY FOR LABOR COUNSEL SERVICES – HUMAN RESOURCES 522. AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS 523. APPROVE ALTERNATIVES TO INCARCERATION SERVICE PLAN FOR 2005 – PROBATION DEPARTMENT 524. AUTHORIZE TRANSFER OF FUNDS – SHERIFF’S DEPARTMENT ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE I 525. AUTHORIZE CONTRACT WITH IMAGEMAX FOR MICROFILMING – RECORDS MANAGEMENT ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 1 ORGANIZATIONAL MEETING JANUARY 5, 2004 The January 5, 2004 Organizational Meeting of the Schuyler County Legislature was called to order at 9:30 a.m. by Gail M. Hughey, Clerk, acting as Temporary Chair. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. MOTION by Legislator Karius to nominate Thomas M. Gifford as Chairman of the Legislature, SECOND by Legislator Larison. There were no other nominations from the floor. RESOLUTION NO. 1 Motion by Bingell, Second by Karius. RE: CLOSE NOMINATIONS - 2004 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the nominations for the 2004 Chairperson of the Schuyler County Legislature be closed. VOTE: Passed 8-0. RESOLUTION NO. 2 Motion by Karius, Second by Bingell. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2004 BE IT RESOLVED, that Thomas M. Gifford be Chairperson of the Schuyler County Legislature for the year 2004. VOTE: Passed 8-0. RESOLUTION NO. 3 Motion by Larison, Second by Bingell. RE: APPOINTMENT - CLERK TO THE LEGISLATURE BE IT RESOLVED, that Gail M. Hughey be appointed Clerk of the Legislature for a four-year term commencing January 1, 2004 and terminating December 31, 2007. VOTE: Passed 8-0. RESOLUTION NO. 4 Motion by Larison, Second by Bingell. RE: APPOINTMENT - DEPUTY CLERK TO THE LEGISLATURE BE IT RESOLVED, that this Legislature acknowledges the appointment by Clerk of the Legislature, Gail M. Hughey of Stacy B. Husted as Deputy Clerk of the Legislature for a four-year term commencing January 1, 2004 and terminating December 31, 2007. VOTE: Passed 8-0. RESOLUTION NO. 5 Motion by Larison, Second by Bingell. RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 2004 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 2004, as follows: Chairman Thomas M. Gifford #1 Vice-Chairman Doris L. Karius #2 Vice-Chairman Delmar F. Bleiler #3 Vice-Chairman Glenn R. Larison #4 Vice-Chairman Sharon S. Bingell #5 Vice-Chairman Michael A. Yuhasz #6 Vice-Chairman Daryl L. Slusser #7 Vice-Chairman Dennis A. Fagan VOTE: Passed 8-0. RESOLUTION NO. 6 Motion by Bingell, Second by Yuhasz. 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. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 2 VOTE: Passed 8-0. RESOLUTION NO. 7 Motion by Bingell, Second by Yuhasz. RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS BE IT RESOLVED, that the Depositories for Schuyler County funds be the following banks and for the following amounts: HSBC Watkins Glen Office Franklin at Eight Street Watkins Glen, NY 14891 $8,000,000.00 CHEMUNG CANAL TRUST COMPANY Montour Falls or Watkins Glen Office 303 W. Main Street Montour Falls, NY 14865 $8,000,000.00 TOMPKINS COUNTY TRUST COMPANY Main Street Odessa, NY 14869 $8,000,000.00 CHASE MANHATTAN 1975 Lake Street Elmira, NY 14901 $8,000,000.00 COMMUNITY BANK, N.A. Watkins Glen Office 401 N. Franklin Street Watkins Glen, NY 14891 $8,000,000.00 VOTE: Passed 8-0. RESOLUTION NO. 8 Motion by Bingell, Second by Yuhasz. RE: CONFORM TO "RULES OF PROCEDURE" BE IT RESOLVED, that the "Rules of Procedure", as adopted on January 13, 1992 to be effective January 13, 1992, and as last revised October 12, 1999, be conformed to. VOTE: Passed 8-0. RESOLUTION NO. 9 Motion by Karius, Second by Bingell. RE: APPOINTMENT - CHIEF VOTING MACHINE CUSTODIAN BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by the Elections Commissioners of David A. Stamp as the County's Chief Voting Machine Custodian for the year 2004. VOTE: Passed 8-0. RESOLUTION NO. 10 Motion by Karius, Second by Bingell. RE: APPOINTMENT - CHIEF CORONER FOR 2004 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 2004, at an additional stipend of $2,500 for administrative duties to be paid quarterly at the rate of $625.00 per quarter. VOTE: Passed 8-0. RESOLUTION NO. 11 Motion by Karius, Second by Bingell. RE: APPOINTMENT – COUNTY HISTORIAN BE IT RESOLVED, that Barbara Bell be appointed as County Historian for the year 2004. VOTE: Passed 8-0. RESOLUTION NO. 12 Motion by Larison, Second by Bingell. RE: SCHEDULE OF SALARIES FOR 2004 BE IT RESOLVED, that the Schedule of Salaries for 2004, as attached hereto (on file), be adopted, effective January 1, 2004, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 2004 Salary Schedule. VOTE: Passed 8-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 3 RESOLUTION NO. 13 Motion by Bleiler, Second by Karius. RE: MOTION TO TABLE RESOLUTION NO. 13 – FAILED BE IT RESOLVED, that Resolution No. 13 be tabled until the end of the meeting. VOTE: Failed 4-4. Noes: Larison, Bingell, Yuhasz, Fagan. RESOLUTION NO. 14 Motion by Larison, Second by Bingell. RE: APPOINTMENT - BUDGET OFFICER FOR 2004 - FAILED BE IT RESOLVED, that Margaret Starbuck be appointed Budget Officer for the year 2004 at a salary of DISCUSSION: Legislator Bleiler said he is opposed to filling the Budget Officer position with the Treasurer because of problems in the past. He also does not want to give the new Treasurer added responsibilities with everything else she has to get caught up on. Legislator Larison said the new Treasurer will be running the office operations differently and feels the budget process would be more efficient if done in the Treasurer’s Office. Legislator Bingell noted that the Legislature is looking at sharing services with Chemung County, which might reduce the amount of work in the Treasurer’s Office. In the meantime, she feels they should not make changes and give the new Treasurer a chance. Legislator Bleiler explained that they had the County Administrator be Budget Officer while he was in office. Legislators Larison and Bingell commented that they felt it did not work well when the County Administrator was Budget Officer. Legislator Fagan felt the budget process was very delayed last year, and asked if there are assurances that it will be timely this year. Legislator Slusser said this discussion should not be a negative reflection on the new Treasurer. He feels the Budget Officer duties are the responsibility of the Legislature not the Treasurer’s Office. VOTE: Failed 4-4. Noes: Karius, Bleiler, Slusser, Gifford. RESOLUTION NO. 15 Motion by Larison, Second by Bingell. RE: APPOINTMENT - SCHUYLER COUNTY ATTORNEY – 2004-2007 BE IT RESOLVED, that James P. Coleman be appointed County Attorney for a four-year term commencing January 1, 2004 and terminating December 31, 2007. VOTE: Passed 8-0. RESOLUTION NO. 16 Motion by Bingell, Second by Slusser. RE: APPOINTMENTS - ASSISTANT COUNTY ATTORNEYS – 2004-2007 BE IT RESOLVED, that this Legislature acknowledges the appointment by County Attorney, James P. Coleman of Dennis J. Morris and Kristen Hazlitt as Assistant County Attorneys, both for a four-year term commencing January 1, 2004 and terminating December 31, 2007. VOTE: Passed 8-0. RESOLUTION NO. 17 Motion by Bingell, Second by Slusser. RE: APPOINTMENT - CONFIDENTIAL SECRETARY TO COUNTY ATTORNEY – 2004-2007 BE IT RESOLVED, that this Legislature acknowledges the appointment pursuant to County Law Section 501-5 by County Attorney, James P. Coleman of Barbara Klemann as Confidential Secretary to the County Attorney for the period commencing January 1, 2004 and terminating December 31, 2007. VOTE: Passed 8-0. RESOLUTION NO. 18 Motion by Bingell, Second by Slusser. RE: APPOINTMENT - COUNTY AUDITOR FOR 2004 AND 2005 BE IT RESOLVED, that Gail M. Hughey be appointed County Auditor for a two-year term commencing January 1, 2004 through December 31, 2005. VOTE: Passed 8-0. RESOLUTION NO. 19 Motion by Bingell, Second by Larison. RE: APPOINTMENT – PURCHASING AGENT FOR 2004-2007 BE IT RESOLVED, that Lisa Brower be appointed Purchasing Agent for a four-year term commencing January 1, 2004 through December 31, 2007. VOTE: Passed 8-0. RESOLUTION NO. 20 Motion by Bingell, Second by Larison. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 4 RE: ACKNOWLEDGE APPOINTMENT OF ASSISTANT PUBLIC DEFENDER BE IT RESOLVED, that this Legislature acknowledges the appointment by Public Defender Connie F. Miller of Stewart McDivitt as Assistant Public Defender for the term January 1, 2004 through December 31, 2007. VOTE: Passed 8-0. RESOLUTION NO. 21A Motion by Bingell, Second by Larison. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY – CONFIDENTIAL SECRETARY TO THE PUBLIC DEFENDER WHEREAS, Resolution No. 511-03 authorized the creation and filling of a Confidential Secretary to the Public Defender position. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledge the appointment by Public Defender Connie F. Miller of Lisa Orr as Confidential Secretary to the Public Defender at an annual salary of $24,000 effective January 2, 2004. VOTE: Passed 8-0. RESOLUTION NO. 21 Motion by Bingell, Second by Larison. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY TREASURER ON AN INTERIM BASIS WHEREAS, the County Treasurer Margaret Starbuck will be conducting interviews for a Deputy and requesting a resolution acknowledging the appointment for the Legislature’s February Regular Meeting, and WHEREAS, in the interim, there is a need for the retired Treasurer Nancy Peters to continue on as Deputy Treasurer to complete projects and act in the absence of the Treasurer if necessary. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledge the appointment by Treasurer Margaret Starbuck of Nancy Peters as Deputy Treasurer for the temporary period of January 6-23, 2004 at a salary of $35, 010. VOTE: Passed 8-0. RESOLUTION NO. 22 Motion by Bingell, Second by Larison. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY – BOARD OF ELECTIONS WHEREAS, Sandra Denise Teeter, Democratic Deputy Commissioner in the Board of Elections, has tendered her resignation effective December 31, 2003, and WHEREAS, John Vona, Democratic Commissioner in the Board of Elections, has appointed Carolyn C. Elkins to replace Sandra Denise Teeter with the endorsement of the Democratic Party. 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, 2004 through December 31, 2004 for 31.5 hours per week at an annual salary of $22,500. VOTE: Passed 8-0. The Clerk of the Legislature distributed the new 2004 Standing Committee list to all legislators. PUBLIC PARTICIPATION: None. MOTION by Legislator Bingell, to go into executive session to discuss employee work history, SECOND by Legislator Bleiler. Motion carried eight ayes to zero noes. MOTION by Legislator Bingell, to come out of executive session, SECOND by Legislator Bleiler. Motion carried eight ayes to zero noes. MOTION by Legislator Larison, to suspend the Coordinator of Information Technology with pay pending further investigation, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. MOTION by Legislator Bingell, to authorize an emergency agreement with Bob Wixson at SCT Computers for computer/network services by Resolution at the next Regular Meeting, SECOND by Legislator Larison. Motion carried eight ayes to zero noes. MOTION by Legislator Bleiler, SECOND by Legislator Bingell to go into executive session to discuss employee work history. Motion carried eight ayes to zero noes. MOTION by Legislator Bleiler to come out of executive session, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 5 The Meeting adjourned at 10:20 a.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk SPECIAL MEETING JANUARY 7, 2004 The January 7, 2004 Special Meeting of the Schuyler County Legislature was called to order at 9:00 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present except Legislator Larison who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 23 Motion by Karius, Second by Yuhasz. 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. Appointments – Schuyler County Industrial Development Agency VOTE: Passed 6-0. RESOLUTION NO. 24 Motion by Bingell, Second by Karius. RE: APPOINTMENTS – SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY BE IT RESOLVED, that the following individuals be appointed to the Schuyler County Industrial Development Agency (SCIDA) for the term January 1, 2004 through December 31, 2006: Jerry B. Gapp Louis Dickinson DISCUSSION: Chairman Gifford explained that SCIDA’s first meeting of the year is Monday and they need these appointments made. Applications were submitted to the IDA and these are the IDA recommendations. VOTE: Passed 6-0. Recess at 9:18 a.m. Legislator Bleiler in at 9:27 a.m. Reconvened at 10:48 a.m. MOTION by Legislator Karius, SECOND by Legislator Bingell, to go into Executive Session at 10:48 a.m. to discuss employee work history. Motion carried seven ayes to zero noes. MOTION by Legislator Bingell, to come out of executive session, SECOND by Legislator Yuhasz. Motion carried seven ayes to zero noes. MOTION by Legislator Slusser, to terminate the Coordinator of Information Technology Services, SECOND by Legislator Fagan. Motion carried six ayes to one no. No: Legislator Bingell. MOTION by Legislator Bingell, for reconsideration of her vote, SECOND by Chairman Gifford. Motion carried seven ayes to zero noes. Re-vote on the above motion carried seven ayes to zero noes. A Legislative Committee Meeting was called for Friday, January 9, 2004 at 11:00 a.m. to discuss the Information Technology Department. The Meeting adjourned at 12:00 p.m. Gail Hughey, Clerk Stacy Husted, Deputy Clerk REGULAR MEETING JANUARY 12, 2004 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 6 The January 12, 2004 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Slusser and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 25 Motion by Bingell, Second by Larison. RE: AUTHORIZE SUBMISSION OF LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND GRANT APPLICATION FOR INDEXING MINUTES BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all contracts relative to a Local Government Records Management Improvement Fund grant application for funds not to exceed the sum of $30,000 for Indexing Minutes project; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 26 Motion by Bingell, Second by Larison. RE: AUTHORIZE FILLING OF SENIOR REGISTERED PROFESSIONAL NURSE POSITION - COMMUNITY SERVICES WHEREAS, Resolution No. 461-03 authorized the creation of a Senior Registered Professional Nurse position, and WHEREAS, the nursing workload requires a replacement for the state Senior Registered Professional Nurse position, and WHEREAS, the State has provided funding in lieu of said position. NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services be hereby authorized to fill the Senior Registered Professional Nurse position, at Grade XXIV, $16.20 per hour, effective April 1, 2004. VOTE: Passed 8-0. RESOLUTION NO. 27 Motion by Bingell, Second by Larison. RE: AUTHORIZE OUT OF STATE TRAVEL TO IMMUNIZATION CONFERENCE – PUBLIC HEALTH WHEREAS, as part of the New York State Association of County Health Officials (NYSACHO)’s 2003 - 2004 Immunization Action Plan (IAP) grant, the New York State Department of Health has allocated funding for NYSACHO to sponsor one person from each consortia county to attend the National Immunization Conference, which will be held in Nashville, Tennessee from May 10 through May 14, 2004, and WHEREAS, it is desirable for a nurse in our agency to attend the conference, and out of state travel requires legislative approval. NOW, THEREFORE, BE IT RESOLVED, that one employee from the Schuyler County Home Health Agency be hereby authorized to travel out of state to attend the aforementioned conference. There will be no additional cost to the County. VOTE: Passed 8-0. RESOLUTION NO. 28 Motion by Bingell, Second by Yuhasz. RE: RENEW AGREEMENT WITH INTEGRITY NETWORKING SYSTEMS, INC. (formerly ExtraDev, Inc.) FOR COMPUTER SERVICES FOR 2004 – PUBLIC HEALTH AND COMMUNITY SERVICES WHEREAS, the Public Health and Community Services Departments currently contracts with ExtraDev, Inc., now called Integrity Networking Systems, Inc., for computer services involving network administration and security, and WHEREAS, there continues to be a need for these services in order to maintain and upgrade, as necessary, the network operations of the Public Health and Community Services Departments. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Integrity Networking Systems, Inc. for the provision of computer services at an amount not to exceed $20,000, funds available in the 2004 budget, the cost to be evenly distributed between account nos. 4010.532 and 4310.435, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 29 Motion by Bingell, Second by Yuhasz. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 7 RE: RENEW AGREEMENT WITH THE CENTER FOR ROCHESTER’S HEALTH, UNIVERSITY OF ROCHESTER – PUBLIC HEALTH WHEREAS, bioterrorism planning continues to be required by the NYS Department of Health, and WHEREAS, The Center for Rochester’s Health, University of Rochester has been selected as the regional provider of surveillance and epidemiology services required as part of the bioterrorism plan, and WHEREAS, the Schuyler County Public Health Department’s share for these services will be $16,465. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the Center for Rochester’s Health, University of Rochester for the provision of surveillance and epidemiology services at an amount not to exceed $16,465, effective September 1, 2003 through August 31, 2004, funds available in the Public Health Bioterrorism Grant budget, account no. 4010.400-4028, with no local share cost, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 30 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE OUT OF STATE TRAVEL TO TRAINING IN NEW JERSEY – COMMUNITY SERVICES WHEREAS, the Mental Health Clinic has applied to participate in the Partners for Excellence in (PEP) Program, and WHEREAS, the University of Medicine & Dentistry of New Jersey - University Behavioral HealthCare has created the above program as a best practice to raise the standard of care for people with Severe Mental Illness, with all costs for training and consultation services provided, and WHEREAS, it is desirable for a team of four individuals to attend the above program, and out of state travel requires legislative approval, NOW THEREFORE BE IT RESOLVED that four employees of the Mental Health Clinic be hereby authorized to travel out of state to attend the aforementioned training at no cost to the County. VOTE: Passed 8-0. RESOLUTION NO. 31 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER HOSPITAL, INC. FOR HOMECARE AND REHABILITATION THERAPY SERVICES FOR 2004 – PUBLIC HEALTH WHEREAS, Schuyler County Public Health contracts with Schuyler Hospital for nursing services, home health aides, and therapy services, and WHEREAS, Schuyler Hospital has requested a 3% increase in the hourly rates paid for nurses, home health aides, and personal care aides due to their increased personnel costs, and WHEREAS, funds are available in the 2004 Public Health budget to provide for the proposed rate increases. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Schuyler Hospital to provide home health care and rehabilitative services at the following rates, funding available in the Public Health budget, account no. 4010.490, subject to the approval of the Schuyler County Attorney: Home Care Services Rates reflecting 3% increase: Home Health Aide $15.97/hour of patient care services Personal Care Aide $13.39/hour of patient care services Licensed Practical Nurse $21.89/hour of patient care services Registered Nurse $28.58/hour of patient care services Registered Nurse-Weekend Premium $29.75/hour of patient care services Senior RN-Consultant $37.00/hour maximum 15 hours/ week (unchanged) On Call time $1.70/hour of standby time Additional overtime payment at the rate of: Home Health Aide $5.15/hour of patient care services Personal Care Aide $5.15/hour of patient care services ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 8 Licensed Practical Nurse $6.70/hour of patient care services Registered Nurse $9.79/hour of patient care services Therapy Services Rates (unchanged): Physical therapy, Occupational therapy and Speech Therapy $48.00 per hour Paraffin Bath $79.90 per treatment Small Whirlpool $79.90 per treatment Contrast Baths $48.85 / 15 minutes Prosthetic Training $52.15 / 15 minutes Splint Fabrication $52.15 / 15 minutes Removal of Devitalized Tissue $104.95 / 15 minutes Therapeutic Exercises Requiring Large Equipment $63.15 / 15 minutes, and BE IT FURTHER RESOLVED, that Schuyler Hospital will provide cell phones for the nurses and Schuyler County Public Health will be responsible for all reasonable use charges, and BE IT FURTHER RESOLVED, that Schuyler County Public Health will provide transportation reimbursement for nurses at the rate of $0.375 cents per mile. VOTE: Passed 8-0. RESOLTUION NO. 32 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH MICHELLE BERLISS FOR SERVICES FOR 2004 - COMMUNITY SERVICES WHEREAS, the Mental Health Clinic is in need of services for children, youth and adults, and WHEREAS, Michelle Berliss is a qualified with whom the Clinic contracted with last year, and WHEREAS, there is funding available in the Mental Health 2004 budget, account no. 4310.435 for this service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to renew the contract with Michelle Berliss for the provision of services at the rate of $65.00 per hour in an amount not to exceed $47,200 for the calendar year 2004, to be renewed annually, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 33 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH PATHWAYS, INC. FOR 2004 - COMMUNITY SERVICES WHEREAS, the Mental Health Clinic currently contracts with Pathways, Inc., for respite services for children and youth receiving services through the Schuyler County Mental Health Clinic, and WHEREAS, continuation of these services would be beneficial to the mental health of families participating in programs through the Schuyler County Mental Health Clinic. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Pathways, Inc. for the provision of respite services, in an amount not to exceed $7,000, such amount provided for in the 2004 Mental Health budget, account no. 4310.435; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 34 Motion by Karius, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH THE ARC OF SCHUYLER COUNTY, INC. FOR 2004 – COMMUNITY SERVICES WHEREAS, the Mental Health Clinic currently contracts with the ARC of Schuyler County, Inc. for community mental retardation and supported employment services, and WHEREAS, continuation of these services would be beneficial to the delivery of mental health and retardation services to the residents of Schuyler County. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 9 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the ARC of Schuyler County, Inc. for the provision of community mental retardation and supported employment services, at an amount not to exceed $93,804, such amount provided for in the 2004 Mental Health budget, account no. 4322.550; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 35 Motion by Karius, Second by Bingell. RE: AUTHORIZE ADOPTION OF REVISED SLIDING FEE SCALE – COMMUNITY SERVICES AND PUBLIC HEALTH WHEREAS, the Mental Health Clinic and Public Health Department use a sliding fee scale to determine client contributions for services rendered, and WHEREAS, the sliding fee scales currently used have not been updated since 2000, and WHEREAS, revised federal poverty levels were established and issued by the U.S. Department of Health and Human Services in 2003. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the revision of the sliding fee scales used by the Mental Health Clinic and Public Health Department to replicate the current federal poverty levels established by the U.S. Department of Health and Human Services in 2003. VOTE: Passed 8-0. RESOLUTION NO. 36 Motion by Karius, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH LINCARE, INC. TO PROVIDE NURSING SERVICES FOR 2004 – PUBLIC HEALTH WHEREAS, Lincare, Inc. provides home medical services, including infusion therapy, to residents of Schuyler County, and WHEREAS, Lincare, Inc. is in need of nurses experienced in providing infusion therapy, and WHEREAS, the Public Health Department employs registered nurses who are able to provide skilled nursing care to patients requiring infusion therapy, to include patient education and training. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Lincare, Inc., for the Public Health Department to provide registered nurses for infusion therapy, to include initial patient set-up and follow up assessment, to be reimbursed at the rate of $95.00 per visit; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 37 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH FINGER LAKES PARENT NETWORK, INC. FOR 2004 – COMMUNITY SERVICES WHEREAS, the Mental Health Clinic currently contracts with Finger Lakes Parent Network, Inc., for family support services and for the provision of parent advocates, and WHEREAS, continuation of these services would be beneficial to the provision of mental health services to the families of Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Finger Lakes Parent Network, Inc. for the provision of family support services and parent advocates, at an amount not to exceed $53,277, such amount provided for in the 2004 Mental Health budget, account no. 4310.435; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 38 Motion by Larison, Second by Bingell. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH GLOW REGION SOLID WASTE MANAGEMENT COMMITTEE REGARDING MAT-EX – RECYCLING/SOLID WASTE WHEREAS, The GLOW Region Solid Waste Management Committee coordinates MAT-EX: The Western New York Materials Exchange Program, with the purpose of promoting waste reduction and reducing reliance on landfilling and incineration, and WHEREAS, Schuyler County would like to be able to offer residents and businesses the opportunity to ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 10 list surplus items that are needed or wanted through the MAT-EX service, and WHEREAS, Schuyler County would not transport any materials listed in MAT-EX, and WHEREAS, no hazardous waste, and no materials for commercial gain are allowed to be listed in MAT- EX, and WHEREAS, the county would be required to pay $100 per year for the service, to encourage use of the program locally, and to annually check on the validity of listings, and WHEREAS, other participating counties include Allegany, Cattaraugus, Chautauqua, Erie, Monroe, Seneca, Steuben, and Tompkins, as well as the Western Finger Lakes Authority and the Niagara Consortium, and WHEREAS, the Schuyler County Legislature has examined and duly considered the applicable laws and deems it to be in the public interest and benefit to become a MAT-EX partner under these laws, and WHEREAS, it is necessary that a Memorandum of Understanding be signed between the county and the GLOW Region Solid Waste Management Committee. NOW, THEREFORE, BE IT RESOLVED, by the Chairman of the Legislature is hereby authorized to sign the Memorandum of Understanding as provided by the GLOW Region Solid Waste Management Committee effective immediately through December 31, 2004; subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that Cornell Cooperative Extension of Schuyler County will pay the $100 in administrative funds for the fiscal year ending December 31, 2004. VOTE: Passed 8-0. RESOLUTION NO. 39 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH EMPIRE NATURAL GAS – BUILDINGS AND GROUNDS WHEREAS, the Building Maintenance Supervisor and Public Works Committee recommend renewal of the county’s contract with Empire Natural Gas with an increase in cost of $.131 per Decatherm. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Empire Natural Gas for the purchase of electricity and natural gas for the year 2004, subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 40 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CERTIFICATION OF COST ALLOCATION PLAN BE IT RESOLVED, that the Schuyler County Legislature hereby accept the 2002 Cost Allocation Plan prepared by DMG Maximus for Schuyler County Department of Social Services’ claiming of county-wide administrative costs and maintenance in lieu of rent in 2004, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to certify the plan to the NYS Office of Temporary and Disability Assistance. VOTE: Passed 8-0. RESOLUTION NO. 41 Motion by Bleiler, Second by Bingell. RE: APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment Linda MacDonald as the Social Services Representative to the Schuyler County Youth Board for the term January 1, 2004 through December 31, 2006. VOTE: Passed 8-0. RESOLUTION NO. 42 Motion by Bleiler, Second by Bingell. RE: ESTABLISTMENT OF A HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) ADMINISTRATIVE OVERSIGHT COMMITTEE – AS AMENDED (RESOLUTION NO. 128) WHEREAS, the Health Insurance Portability and Accountability Act (HIPAA) of 1996 set forth complex and regulations for health insurance reform, and WHEREAS, the County established a HIPAA committee (Resolution No. 193-03) comprised of representatives from various departments to study the impact of HIPAA on the County and its departments, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 11 WHEREAS, the committee has concluded its initial work of studying the impact and has developed plans and policies to implement the provisions of HIPAA in the County, and WHEREAS, it would be in the best interest of the County to dissolve the original committee and form a HIPAA Administrative Oversight Committee (HAOC) to review compliance within the County of the provisions of HIPAA and to develop policies when required. NOW, THEREFORE, BE IT RESOLVED, that a HIPAA Administrative Oversight Committee be established to monitor compliance with the provisions of HIPAA, to develop policy recommendations for the Legislature, and to address other HIPAA matters as they may arise, and BE IT FURTHER RESOLVED, that this Legislature appoints the following individuals to the HAOC: Robert Dunphy - OFA JoAnn Fratarcangelo – Youth Bureau/Families First Gail Hughey – Human Resources Dennis Morris – County Attorney’s Office George Roets – Mental and Public Health William J. Weiss – DSS Kathy Walruth – Records Management VOTE: Passed 8-0. RESOLUTION NO. 43 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH STANLEY CLARK – VETERANS SERVICE AGENCY WHEREAS, the Director of Veterans Services highly recommends the renewal of the contract with Stanley Clark for office coverage at the Veterans Service Agency, and WHEREAS, Stanley Clark, an accredited Service Officer, has agreed to provide these services again for the year 2004. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract renewal with Stanley Clark for the term January 1, 2004 through December 31, 2004, in an amount of $12.00 per hour, not to exceed 100 hours, funding available in the 2004 Veterans Service Agency account no. 6510.435-Professional Fees and Services; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 44 Motion by Larison, Second by Bingell. RE: ONE-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2004 through December 31, 2004, to wit: FINGER LAKES RESOURCE, CONSERVATION & DEVELOPMENT COUNCIL, INC. Charles Fausold INTER-COUNTY ASSOCIATION OF WESTERN NEW YORK Thomas M. Gifford Glenn R. Larison Stacy B. Husted BARGAINING UNIT COMMITTEES Thomas M. Gifford Daryl L. Slusser Sharon S. Bingell Glenn R. Larison Gail M. Hughey CHILD CARE COORDINATING COUNCIL Sharon S. Bingell LOCAL EARLY INTERVENTION COORDINATING COUNCIL ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 12 David Lambert, NYS Dept. of Health Camille Meeks, WGCS District Paula Hurley, OMCS District Erik Miller, Provider Bonnie Herzig, ARC/MRRD Michelle Myers, Provider Susan Haeffner, Provider Laurie Hanlon, Provider Beverly Clickner, Social Services Arnab Bagchi, Mental Health Nancy Blencowe, Parent JoAnn Carson, Parent Nancy St. Julien, Parent Christine Keough, Parent Michelle Pardee, Parent Pauline Heath, Parent Ken Seaman, Parent LOCAL EARLY INTERVENTION COORDINATING COUNCIL CON’T. Marcia Early Intervention Official Peggy Tomassi, Child Care JoAnn Fratarcangelo, Youth Bureau FIRE SAFETY ADVISORY BOARD Mike McClernon/Tim Hudson – Beaver Dams Jason Kelly/Curt Connelly – Burdett Richard Robertson/William Ward – Mecklenburg Ron Ames, Jr./Larry States – Monterey Paul Cartwright/Jim Ryan – Montour Falls Robert Franklin/Todd Thoman – Odessa Eric Anderson/Al Buckland – Tyrone Mike Hicks/John Mason – Valois-Logan Hector Robert DeDominick/Charles Smith, Sr. – Watkins Glen Glenn Larison – Legislator PROFESSIONAL ADVISORY COMMITTEE William Weiss, Social Services Connie Fraboni, RN, Mental Health Terry, MD, Medical Director Debbie Bailey, Schuyler Homecare Elizabeth Hayes, Member at Large Doolittle, Member at Large M. Shawn Rosno, Mental Health Deputy Director Marcia Deputy Director Public Health Michael Gehl, The Falls Home Michael Yuhasz, Legislator Michelle Myers, Schuyler Hospital Therapy Renato Rojas, MD, Schuyler Hospital Robert Dunphy, Director Office for the Aging Ruth Bedient, Member at Large Thomas Gifford, Chairman of Legislature VOTE: Passed 8-0. RESOLUTION NO. 45 Motion by Larison, Second by Bingell. RE: TWO-YEAR APPOINTMENTS ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 13 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, 2004 through December 31, 2005, to wit: QUEEN CATHARINE STEERING COMMITTEE Dennis A. Fagan STC HUMAN SERVICES COMMITTEE Sharon S. Bingell EOP BOARD OF DIRECTORS Delmar F. Bleiler FINGER LAKES ASSOCIATION Michael A. Yuhasz SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD Thomas M. Gifford Dennis A. Fagan Charles Franzese Charles Fausold STREMS Gerry Gapp VOTE: Passed 8-0. RESOLUTION NO. 46 Motion by Bingell, Second by Larison. RE: APPOINTMENT – SCOPED BOARD OF DIRECTORS BE IT RESOLVED, the Schuyler County Legislature hereby approve the appointment of Dennis A. Fagan to the SCOPED Board of Directors for the term January 1, 2004 through December 31, 2006. VOTE: Passed 8-0. RESOLUTION NO. 47 Motion by Bingell, Second by Larison. RE: APPOINTMENT – CHAMBER OF COMMERCE BOARD OF DIRECTORS BE IT RESOLVED, the Schuyler County Legislature hereby approve the appointment of Michael A. Yuhasz to the Chamber of Commerce Board of Directors for the term January 1, 2004 through December 31, 2006. VOTE: Passed 8-0. RESOLUTION NO. 48 Motion by Bingell, Second by Larison. RE: APPOINTMENT TO THE MUNICIPAL ELECTRIC AND GAS ALLIANCE (MEGA) WHEREAS, there is a vacancy on the MEGA Board of Directors due to the retirement of Ruth Young. NOW, THEREFORE, BE IT RESOLVED, that Daryl L. Slusser be appointed to the MEGA Board of Directors effective immediately until the end of his legislative term expiring December 31, 2006. VOTE: Passed 8-0. RESOLUTION NO. 49 Motion by Bingell, Second by Larison. RE: APPOINTMENTS – COMMUNITY SERVICES BOARD BE IT RESOLVED, that this Legislature approve the appointment of the following individuals to the Community Services Board for the terms indicated, as follows: Darlene Gridley 9/08/03 – 12/31/04 Scott 12/8/03 – 12/31/07 Michael Gehl 1/01/01 – 12/31/04 Robert Burnside 1/01/01 – 12/31/04 William Hayes 1/01/02 – 12/31/05 Michael Yuhasz 1/01/04 – 12/31/07 Paula Fitzsimmons 1/01/02 – 12/31/05 Terry, MD 12/8/03 – 12/31/07 Jeff Lydon 1/12/04 – 12/31/05 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 14 Cheryl Pruett, PhD 1/12/04 – 12/31/05 Joann Fratarcangelo 1/12/04 – 12/31/06 Robert Dunphy 1/12/04 – 12/31/06 Three Vacancies Remaining VOTE: Passed 8-0. RESOLUTION NO. 50 Motion by Bingell, Second by Larison. RE: APPOINTMENTS – ALCOHOLISM AND SUBSTANCE ABUSE SUBCOMMITTEE BE IT RESOLVED, that this Legislature approve the appointment of the following individuals to the Alcoholism and Substance Abuse Subcommittee for the terms indicated, as follows: Pam Carlucci 1/01/04 – 12/31/07 Darlene Gridley 9/08/03 – 12/31/04 Jeff Collins 5/13/02 – 12/31/05 Bill Yessman 1/01/02 – 12/31/05 William Sullivan 1/13/03 – 12/31/05 Four Vacancies Remaining VOTE: Passed 8-0. RESOLUTION NO. 51 Motion by Bingell, Second by Larison. RE: APPOINTMENTS – MENTAL HEALTH SUBCOMMITTEE BE IT RESOLVED, that this Legislature approve the appointment of the following individuals to the Mental Health Subcommittee for the terms indicated, as follows: Michael Gehl 1/01/01 – 12/31/04 Robert Dunphy 1/12/04 – 12/31/07 Joann Fratarcangelo 1/12/04 – 12/31/07 Bill Hayes 1/01/02 – 12/31/05 Heidi Hathaway 1/01/01 – 12/31/04 John Hayes 1/01/02 – 12/31/05 Bert Pyle 1/01/01 – 12/31/04 Paula Fitzsimmons 1/01/02 – 12/31/05 Katharine Mattison 1/10/03 – 12/31/06 James Gay 12/8/03 – 12/31/06 Scott 1/12/04 – 12/31/07 VOTE: Passed 8-0. RESOLUTION NO. 52 Motion by Bingell, Second by Larison. RE: APPOINTMENTS – MENTAL RETARDATION / DEVELOPMENTAL DISABILITIES SUBCOMMITTEE BE IT RESOLVED, that this Legislature approve the appointment of the following individuals to the Mental Retardation/Developmental Disabilities Subcommittee for the terms indicated, as follows: Robert Burnside 1/01/01 – 12/31/04 Michelle Gimbar 1/12/04 – 12/31/07 Richard Schockner 1/01/01 – 12/31/04 Michael Yuhasz 1/12/04 – 12/31/07 Linda Jorgensen 1/01/02 – 12/31/05 Sandra Just 1/01/02 – 12/31/05 Three Vacancies Remaining VOTE: Passed 8-0. RESOLUTION NO. 53 Motion by Bingell, Second by Larison. RE: AUTHORIZE AGREEMENT WITH SCT COMPUTERS FOR TECHNICAL COMPUTER SUPPORT WHEREAS, the Coordinator of Information Technology position is vacant, and will be for an unknown length of time, and WHEREAS, there is an immediate need for additional technical computer support for county departments. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 15 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with SCT Computers for technical support for the county’s computer infrastructure for the term January 1, 2004 through December 31, 2004, at a rate of $40 per hour, with the duration and rate of said agreement to be reviewed every three months by both parties; funding available in account no. 1680.435; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 54 Motion by Larison, Second by Bingell. RE: AUTHORIZE THREE RESOLUTIONS BE BROUGHT TO THE FLOOR BE IT RESOLVED, that three resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 55 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT AMENDMENT WITH SOUTHERN TIER CENTRAL REGIONAL PLANNING AND DEVELOPMENT & D) BOARD WHEREAS, the current 2004 contract with the & D Board is for fifteen (15 days) at a cost of $4,722.45, and WHEREAS, with the Coordinator of Information Technology position vacant, it is necessary to amend this contract by an additional fifteen (15) days, and WHEREAS, there is funding available in the Information Technology budget for computer supplies that can be put towards this contract increase, with the understanding that a transfer from the contingency account may be necessary at a later date. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to amend the contract with the & D Board for technical assistance for the year 2004 to add fifteen (15) days to the current contract, at an additional cost of $4,722.45, funding available in the 2004 budget, account no. 1680.408-Computer Supplies; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 56 Motion by Larison, Second by Bingell. RE: APPOINTMENTS – SOIL AND WATER CONSERVATION DISTRICT BOARD OF DIRECTORS BE IT RESOLVED, that this Legislature approves the appointment of the following individuals to the Soil and Water Conservation District Board of Directors for the terms indicated below: Doug Learn Grange Representative 1/12/04 – 12/31/05 Jim Hazlitt Farm Bureau Representative 1/12/04 – 12/31/06 VOTE: Passed 8-0. RESOLUTION NO. 57 Motion by Larison, Second by Bingell. RE: APPOINTMENT – WORKFORCE DEVELOPMENT BOARD BE IT RESOLVED, that this Legislature approve the appointment of Kelsey Jones to the Workforce Development Board for the term retroactive to October 2, 2003 through October 1, 2006. VOTE: Passed 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Bingell reported on the Public Works Committee. There will be a presentation by the Rural Transportation Committee at next month’s Regular Meeting of the Legislature. PUBLIC PARTICIPATION: None. The Meeting adjourned at 6:42 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 16 SPECIAL MEETING JANUARY 30, 2004 The January 30, 2004 Special Meeting of the Schuyler County Legislature was called to order at 9:00 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was excused. PUBLIC PARTICIPATION: None. RESOLUTION NO. 58 Motion by Karius, Second by Fagan. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. Authorize filling vacant Crime Victim Services Coordinator position in the District Attorney’s Office. 2. Authorize filling vacant Social Welfare Examiner position in the Department of Social Services. VOTE: Passed 8-0. RESOLUTION NO. 59 Motion by Bingell, Second by Larison. RE: AUTHORIZE FILLING VACANT CRIME VICTIM SERVICES COORDINATOR POSITION IN THE DISTRICT ATTORNEY’S OFFICE - AS AMENDED BY RESOLUTION NO. 331-05 WHEREAS, Resolution No. 439-03 requires a resolution to fill any and all vacancies, and WHEREAS, the Crime Victim Services Coordinator has resigned effective January 31st, 2004, and WHEREAS, this position is funded by a grant from the New York State Crime Victims Board and if the position is not filled the county will be in violation of the grant. NOW, THEREFORE, BE IT RESOLVED, the District Attorney be authorized to fill the vacant Crime Victim Services Coordinator position to work 19 hours a week, effective February 2, 2004 in grade level XXI, at an hourly rate of $14.71 to be funded by the grant until September 30, 2004. VOTE: Passed 8-0. RESOLUTION NO. 60 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE FILLING VACANT SOCIAL WELFARE EXAMINER POSITION IN THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, Resolution No. 439-03 requires a resolution to fill any and all vacancies, and WHEREAS, a Social Welfare Examiner in the Temporary Assistance unit has resigned effective January 31st, 2004, and WHEREAS, this position is vital for the continued effective operation of the unit, and WHEREAS, the average caseload of temporary assistance cases has increased 24% between 2002 and 2003 and food stamp cases have increased 12%. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Social Services be authorized to fill the vacant Social Welfare Examiner position in the Temporary Assistance in Grade Level XV, at an hourly rate of $13.12, effective February 2, 2004, funding available in the Department’s 2004 budget, account 6010.100. DISCUSSION: Legislator Bleiler explained that when this position is performing HEAP administration, it is 100% reimbursed and this position performs that function 80% of the time. The remaining 20% of time has a variety of funding levels applied, including TANF funding, which is 100%. VOTE: Passed 8-0. PUBLIC PARTICIPATION: None. Chairman Gifford referred to the confidential handout previously distributed regarding changing the Legislature Rules of Procedure in the event a County Administrator is brought on board. Legislator Bleiler said the County Attorney’s recommendations address his concerns about the issues that contributed to the lack of success of the former County Administrator. MOTION by Legislator Slusser, to accept the County Attorney’s recommended changes to the Rules of Procedure, SECOND by Legislator Yuhasz. The Clerk of the Legislature explained the Rules contain a clause ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 17 requiring one month’s notice be given when changing the rules. Legislator Larison said he is not sure they can move on this without the County Attorney’s participation. Legislator Bingell discussed the budget process and what occurred when the County Administrator was in place. She does not know why they are thinking of spending over $100,000 for someone who cannot do any better than the legislators. It makes no sense to her if their goal is to lower taxes. Chairman Gifford said the results of the audit from the State are the type of things the County is not doing. Legislator Bingell said they simply need to have checks and balances every so often. Chairman Gifford feels an administrator should do that. He feels the legislators need to be able to legislate and delegate to someone to do the checks and balances. This is a day-to-day operation and it needs day-to-day oversight. Legislator Bleiler feels the Legislature needs to change their rules and agree to those changes before they can move forward. Legislator Bingell strongly feels it is the responsibility of the legislators to run the county. Legislator Slusser stated that the Legislature is made up of eight part-time people and that is not the way to run this business. Legislator Fagan said he is concerned with tax increases over the past few years, especially in his hometown of Tyrone. Tough decisions are going to have to be made in the future, especially with the continuation of unfunded state mandates. Committees are protective and we need help in making those tough decisions. Legislator Larison said an administrator is not going to stop unfunded state mandates and those are our biggest problems. He asked what the fringe benefits would be for this position and what the local share would cost for this office. He feels the legislators just ought to do their job. He does not see the purpose of an administrator. Legislator Bingell asked what Legislator Fagan’s vision is of government. Legislator Fagan feels they need to weigh in the expenditures and the only thing they have control over is the local share of money. It is unreasonable to continue with 25% tax increases. Legislator Larison stated that neighboring counties are not doing any better than us, actually some are worse. Chairman Gifford stated the Legislature also needs to appoint a Budget Officer and one option would be to have an administrator do that job. Legislator Yuhasz feels they are progressing in some ways, but they are one of a few counties that do not have an administrator. It is typical for the first administrator not to work. He feels they need to try again. He feels the legislators’ job is to see that policies and procedures are correct and legislate accordingly. MOTION by Legislator Larison, to table the motion until Legislative Resolution Review Committee and ask the County Attorney to attend and review his recommendations, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. The Meeting adjourned at 9:43 a.m. Gail M. Hughey, Clerk REGULAR MEETING FEBRUARY 9, 2004 The February 9, 2004 Regular Meeting of the Schuyler County Legislature was called to order at 9:00 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. PRESENTATION BY GEORGE ROETS AND MARCIA AT 6:35 P.M.: Marcia Deputy Public Health Director, explained that during the year 2004 they will be conducting a comprehensive assessment of the community’s health. Their goal is to produce a report card on the state of health in Schuyler County. It will be broken down by township and shared with town boards. They need input from the people. She distributed a survey that is user friendly and confidential. She encouraged everyone to please fill one out. PRESENTATION FROM THE SCHUYLER/STEUBEN RURAL TRANSPORTATION COMMITTEE AT 6:40 P.M.: Peter White, Greg Mathews, Sharon Bingell, Danielle Hauteniemi and Jim Clements were present from the Rural Transportation Committee. Vince Spagnoletti was unable to attend. Legislator Bingell distributed ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 18 information on the Committee’s accomplishments. She reviewed the handouts in detail. They have been working with the assumption that they are rural, however Hornell, Corning-Painted Post and Horseheads are not rural areas. This being the case, they requested the Committee’s name be changed from Schuyler/Steuben Rural Transportation Committee to Schuyler/Steuben Transportation Committee. Mr. Clements said he appreciates the exchange they have been able to have in the committee. He encourages everyone to take concerns to Legislator Bingell or Greg Mathews for future discussion in this committee. Mr. White complimented the committee on its outstanding work that he feels is extremely valuable and he looks forward working on the 2004 goals. RESOLUTION NO. 61 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE NOVEMBER 10, 2003 REGULAR MEETING, THE NOVEMBER 19, 2003 SPECIAL MEETING AND THE DECEMBER 1, 2003 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the November 10, 2003 Regular Meeting, the November 19, 2003 Special Meeting and the December 1, 2003 Special Meeting of the Schuyler County Legislature be approved. VOTE: Passed 7-0. RESOLUTION NO. 62 Motion by Larison, Second by Bingell. RE: APPOINTMENTS – SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approves the following appointments to the Schuyler County Youth Board for the term January 1, 2004 through December 31, 2006: Marvin Spitzer – District I Carl Gillette – District II Ruth Givin – District III Jeff Lydon – Al Large Dave Warren – Watkins Glen School Lynn Lyndes – Bradford Central School Sandy Young – Odessa Montour School Arnie Bagchi – Community Services Board Kali Doane – Youth Molly Oates – Youth VOTE: Passed 7-0. RESOLUTION NO. 63 Motion by Larison, Second by Bingell. RE: AUTHORIZE FILLING A PART-TIME MEAL DELIVERER POSITION – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging as a vital part of its mission delivers on the average over two thousand home delivered meals a month to residents of Schuyler County who are sixty years and older, and WHEREAS, there are presently three part-time Meal Deliverer positions that deliver these nutritious meals, but one of the drivers has indicated that he will soon be retiring, and WHEREAS, to be able to continue to deliver the large number of meals every month it is vital to replace this driver and maintain the staff at not less than three drivers, and WHEREAS, funds for the payment of this Meal Deliverer have previously been budgeted and provided for by Title III B of the Older Americans Act and the Schuyler County Budget, and this is a non-competitive position requiring no civil service testing. NOW, THEREFORE, BE IT RESOLVED, that the Director of the Office of the Aging be hereby authorized to fill the pending vacant, part-time Meal Deliverer position at an hourly rate of $10.05, effective upon the retirement of the incumbent. VOTE: Passed 7-0. RESOLUTION NO. 64 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH CORNELL COOPERATIVE EXTENSION FOR FOOD STAMP NUTRITION PROGRAM – SOCIAL SERVICES ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 19 WHEREAS, Schuyler County was notified that the federal reimbursable food stamp program was approved in the amount of $156,786 ($78,393 Local Share, $78,393 Federal Share) for the period October 1, 2003 through September 30, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Cornell Cooperative Extension for the New York State’s Food Stamp Nutrition Education Plan for the period October 1, 2003 through September 30, 2004, Department of Social Services budget account no. 6010.566; subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 65 Motion by Bingell, Second by Larison. RE: TO CONTRACT WITH THE FINGER LAKES ADDICTION COUNSELING AND REFERRAL AGENCY (FLACRA) – SOCIAL SERVICES WHEREAS, the Finger Lakes Addiction Counseling and Referral Agency (FLACRA) has provided a New York State Office of Children’s Services (OCFS) funded Case Manager to the Children’s Services unit of the Department of Social Services for the past two years at no cost to the Department, and WHEREAS, FLACRA’s funding for this program will expire January 31, 2004, and WHEREAS, the Department wishes to continue with this service due to its many benefits to the children and families the Children’s Services unit has on its caseload, and WHEREAS, an additional $29,000 is available in the Temporary Assistance for Needy Families (TANF) Service Plan grant the Department received from NYS, which will fund this program for six months starting February 1st, and WHEREAS, there is no local share attached to this contract, and WHEREAS, FLACRA will be looking for funds to continue this program beyond July 31, 2004. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with FLACRA for a Case Manager at a cost of $3,889 per month for six months, not to exceed $24,000, for the period February 1, 2004 through July 31, 2004 using TANF Services Plan funds at no cost to the local taxpayer, funding available in the Department’s TANF Services Plan grant, budget account no. 6010.552, subject to approval of the County Attorney, and BE IT FURTHER RESOLVED, that the Department’s 2004 budget be revised as follows: + $29,000 6010.552 TANF Services Plan + $29,000 6010-4610 Federal Aid-Administration VOTE: Passed 7-0. RESOLUTION NO. 66 Motion by Bingell, Second by Larison. RE: AUTHORIZE PAYMENT TO THE HISTORIAN WHEREAS, the Historian’s 2003 budget is overdrawn by $351.15 by the submittal of a mileage voucher for the year 2003 in the amount of $417.38. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer funds accordingly to pay this bill out of 2003 funds, and BE IT FURTHER RESOLVED, that the County Auditor be authorized to pay said bill upon receipt of a properly documented voucher. VOTE: Passed 7-0. RESOLUTION NO. 67 Motion by Bingell, Second by Larison. RE: REQUEST THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY (SCIDA) NOT TO EXEMPT THE ADDITIONAL ONE-FOURTH PERCENT MORTGAGE TAX WHEREAS, Resolution No. 398-03 established a Mortgage Tax increase for Schuyler County to offset Community College expenses, thus reducing the local share of this ever-increasing expense, and WHEREAS, SCIDA is authorized to grant tax exemptions. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests that SCIDA consider not exempting the one-fourth percent increase in the mortgage recording tax since it is dedicated to offset the above-mentioned expense to the taxpayers of Schuyler County. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 20 VOTE: Passed 7-0. RESOLUTION NO. 68 Motion by Bingell, Second by Larison. RE: AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID AND STATE “MARCHISELLI” PROGRAM AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREFOR – HIGHWAY DEPARTMENT – AS AMENDED BY RESOLUTION NO. 135-05 WHEREAS, a Project for the replacement of BIN 3332370, CR 5 Tug Hollow Road over Tug Hollow Creek, Schuyler County, PIN 6753.48 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the County of Schuyler desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of the replacement of BIN 3332370, CR 5 Tug Hollow Road over Tug Hollow Creek, Schuyler County, PIN 6753.48. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the above-subject project, and BE IT FURTHER RESOLVED, that the Schuyler Legislature hereby authorizes the County of Schuyler to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and Design and Right-of-Way Incidental work for the Project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of $101,000.00 shall be appropriated in the 2005 budget, account number 5020.400 and made available to cover the cost of participation in the above phase of the Project, and BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the County of Schuyler shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County Legislature be hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Schuyler with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid-eligible Project costs and all Project costs within appropriations therefor that are not so eligible, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. VOTE: Passed 7-0. RESOLUTION NO. 69 Motion by Bingell, Second by Larison. RE: ACCEPT PROPOSAL FROM MUNICIPAL SIGN MANAGEMENT – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agreed that there is a need for a survey to be conducted on County Road 16 of its roadside sign inventory and condition. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents with Municipal Sign Management for collection of data on traffic roadside signs on County Route 16 in an amount not to exceed $2,850.00, funding available in the 2004 budget account no. 5020.400; contract subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 70 Motion by Bingell, Second by Larison. RE: ACCEPT/REJECT BIDS FOR TWO 17-FOOT ASPHALT STYLE DUMP BODIES – HIGHWAY DEPARTMENT WHEREAS, the Highway Department is in need of two dump bodies, and WHEREAS, advertisement for bids of the same was done and bids were opened on February 2, 2004. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Schuyler County Highway Superintendent, the Schuyler County Legislature accept the bid from Henderson Truck Equipment in the ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 21 amount of $28,822; funds available in the 2004 budget account number 5130.284, and BE IT FURTHER RESOLVED, that all other bid be rejected with a letter of appreciation for their participation. VOTE: Passed 7-0. RESOLUTION NO. 71 Motion by Karius, Second by Bingell. RE: AUTHORIZE REQUESTS FOR PROPOSAL FOR GAS/OIL LEASING ON COUNTY OWNED LAND – BUILDINGS AND GROUNDS WHEREAS, County Law Section 215 requires that whenever the County leases land we do so to the highest bidder, and WHEREAS, the County of Schuyler is interested in requesting proposals for gas/oil leasing on certain County-owned land. NOW, THEREFORE, BE IT RESOLVED, that the Buildings and Grounds Department be hereby authorized to solicit quotes for gas/oil leasing of County owned property. VOTE: Passed 7-0. RESOLUTION NO. 72 Motion by Karius, Second by Bingell. RE: RESOLUTION TO ALLOW FOR THE FORMATION OF AN ANNUAL 30-DAY ENROLLMENT PERIOD FOR LANDOWNERS TO ENROLL THEIR LAND IN ANY EXISTING AGRICULTURAL DISTRICT PRIOR TO THE DISTRICT’S ESTABLISHED REVIEW PERIOD WHEREAS, the Schuyler County Legislature has adopted Schuyler County Agricultural Districts 1, 2 and 3 since 1995, pursuant to section 303 of Article 25AA of the Agriculture and Markets Law of New York State, and WHEREAS, effective September 17, 2003, New York State Agriculture and Markets Law was amended to include Section 303-b of Article 25AA, which allows for the formation of an annual 30-day enrollment period for landowners to enroll their land in any existing agricultural district prior to the district’s established review period, and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board recommends that Schuyler County adopt such a 30-day enrollment period to clarify and streamline the enrollment process, and WHEREAS, the New York State Agricultural Districts Law, enacted in 1971, has been the state’s most effective tool for maintaining lands in agriculture and which recognizes that agricultural lands are an important and irreplaceable resource, that they are being lost due to development, high costs of doing business, and regulatory constraints, and that certain actions can be taken to retain lands in agriculture. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby designates an annual 30-day enrollment period from January 15th to February 15th of every year, in accordance with Section 303-b of Article 25AA of New York State Agriculture and Markets Law, and BE IT FURTHER RESOLVED, that this enrollment period shall not take effect until 2005, as a significant portion of the designated enrollment period has already elapsed for 2004. VOTE: Passed 7-0. RESOLUTION NO. 73 Motion by Karius, Second by Bingell. RE: AUTHORIZE APPOINTMENTS AND CHANGE NAME OF PROFESSIONAL ADVISORY COMMITTEE – PUBLIC HEALTH WHEREAS, the advisory committee for Schuyler County Home Health Agency and the Quality Assurance Committees for Schuyler Homecare and the Falls Home have decided to combine, and WHEREAS, the members of the three committees hold similar positions and follow similar regulations through the Department of Health, and WHEREAS, the mission of all three committees is to understand, advocate, enhance and oversee the quality standards of home care. NOW, THEREFORE, BE IT RESOLVED, that the above-referenced three committees combine to make one committee to be known as the Community Home Care Professional Advisory Committee with the following members, who are appointed for a one year term from January 1, 2004 through December 31, 2004: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 22 Debbie Bailey Renato Rojas, MD Ruth Bedient Bill Weiss Terry, MD Rita Tague Doolittle Mary Galvin Michael Gehl Carol Austin Thomas Gifford Elizabeth Fraboni Elizabeth Hayes Shannon Slator Marcia RN Jane Aniskevich Michelle Myers Judy Delgotto Connie Fraboni, RN Shannon Cunningham M. Shawn Rosno Laura Parker Robert Dunphy Sarah Mathews Michael Yuhasz VOTE: Passed 7-0. RESOLUTION NO. 74 Motion by Bingell, Second by Larison. RE: AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD AND THE MRDD SUBCOMMITTEE - COMMUNITY SERIVCES WHEREAS, the Community Services Board has passed a resolution to increase their membership from nine to fifteen (15) in accordance with Office of Mental Health regulations, and WHEREAS, the increased membership will allow inclusion of consumers and family members, and WHEREAS, the Community Services Board has 3 vacancies, and WHEREAS, members of the Community Services Board are invited to sit on a subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Glenn Larison to the Community Services Board and the MRDD Subcommittee for term January 12, 2004 through December 31, 2005. VOTE: Passed 7-0. RESOLUTION NO. 75 Motion by Bingell, Second by Larison. RE: AUTHORIZE APPOINTMENT TO THE LOCAL EARLY INTERVENTION COORDINATING COUNCIL – PUBLIC HEALTH WHEREAS, the Local Early Intervention Coordinating Council requires a legislative representative, and WHEREAS, the Chair of the Health Services Committee is the usual appointee to said committee. NOW, THEREFORE, BE IT RESOLVED, that Michael Yuhasz be appointed to the Local Early Intervention Coordinating Council for a one year term from January 1, 2004 through December 31, 2004. VOTE: Passed 7-0. RESOLUTION NO. 76 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT WITH FAMILY SERVICE SOCIETY, INC. FOR SPECIALIZED TREATMENT SERVICES IN 2004 – COMMUNITY SERVICES WHEREAS, the Mental Health Clinic is in need of specialized treatment services to include sex offender treatment, and WHEREAS, Family Service Society, Inc. is able to provide the specialized treatment services needed by the Mental Health Clinic, and WHEREAS, the Mental Health Clinic has previously contracted with Family Service Society, Inc. for services, and WHEREAS, there is funding available in the 2004 Mental Health Budget, account no. 4310.435, for this service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract agreement with Family Service Society Inc. for the provision of specialized treatment services for the period January 1, 2004 through December 31, 2004, renewable annually, in an amount not to exceed $20,000, subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 77 Motion by Bingell, Second by Larison. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 23 RE: AMEND CONTRACT WITH SCHUYLER HOSPITAL, INC. FOR HOMECARE AND REHABILITATIVE SERVICES FOR 2004 – PUBLIC HEALTH WHEREAS, the Director of Patient Services position in the Public Health Department has been vacant since August 5, 2003, and WHEREAS, efforts to recruit applicants to fill this vacancy have been unsuccessful, and WHEREAS, there is a need for a full-time supervisory level nurse to oversee the patient services provided by the Home Health Agency operated by the Public Health Department, and WHEREAS, Schuyler County Public Health contracts with Schuyler Hospital for nursing services, and WHEREAS, Schuyler Hospital is able to provide a full-time supervisory level nurse to provide oversight of the Home Health Agency for the Public Health Department at the rate of $4,900 per month, funding available in the 2004 Public Health Budget. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the contract with Schuyler Hospital to provide a full-time supervisory level nurse to oversee patient services for the Home Health Agency of the Public Health Department, at a rate of $4,900, funding available in the Public Health budget account no. 4010.490, subject to approval by the Schuyler County attorney. VOTE: Passed 7-0. RESOLUTION NO. 78 Motion by Bingell, Second by Larison. RE: AUTHORIZE ADOPTION OF A REVISED FEE SCHEDULE FOR HOME HEALTH SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department sets fees for its home health services based on the cost of the services provided, and WHEREAS, the fees for home health services have not been revised since January 1, 2000, and WHEREAS, a recent review of the cost of services provided by the Schuyler County Home Health Agency indicates that fees for services should be increased to meet the costs of those services. NOW, THEREFORE, BE IT RESOLVED, that the Public Health Department charge and collect fees for home health services provided by the Schuyler County Home Health Agency effective January 1, 2004, as follows: Skilled Nursing $130.00/visit Physical Therapy $105.00/visit Speech Therapy $105.00/visit Occupational Therapy $105.00/visit Medical Social Worker $105.00/visit Personal Care Aide $34.00/hr. (unchanged) Home Health Aide $34.00/hr. (unchanged) Home Telemonitoring $225.00/month (new), and BE IT FURTHER RESOLVED, that actual charges will be assessed using an income-based sliding fee scale. VOTE: Passed 7-0. RESOLUTION NO. 79 Motion by Bingell, Second by Larison. RE: SET 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. NOW, THEREFORE, BE IT REESOLVED, that the Schuyler County Watershed Inspector be, and hereby is, directed to charge and collect fees for services performed by that Agency effective January 1, 2004, as follows: 1. Septic system permits – New construction $100 2. Septic system permits - Conversion $ 75 3. Septic system permits – Existing dwellings $ 75 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 24 4. Septic system permits – Septic tank up grade $ 50 5. Septic system permits – repair/expansion $ 50 6. Septic system permits – Renewals $ 50 7. New construction site evaluation per lot $ 50 8. Existing Septic tank location- transmitter use $ 50-70 9. Septic evaluation for conversion, expansion or modification $50 site visit 10. Septic evaluation for property transfer or refinancing $100 -plus bacteriological water analysis $110 -plus bacteriological water analysis & flow test $115 11. Septic evaluation re-inspection for property transfer or refinancing $ 50 12. Water sample collection fee per sample plus analysis $ 14 13. Non collect water sample fee per sample plus analysis $ 8 14. Water sample collection fee per unsatisfactory re-sample $ 8 15. Water supply flow test per ½ hour flow $ 50 16. Water supply flow test and bacteriological sample $ 65 17. Radon in air test $ 55 18. Field consultation per hour $ 50 19. Non inspection visit (no Show) $ 50 20. Flood statement affidavit $ 20 21. New construction for well site approval $ 75 22. Business consultation fee per ½ hour $ 25, and BE IT FURTHER RESOLVED, pursuant to the Schuyler County Watershed Protection Law, the Agency be allowed to waive the collection of a portion of the established fee for intergovernmental agencies, indigent persons or doctors’ requests due to illness. VOTE: Passed 7-0. RESOLUTION NO. 80 Motion by Bingell, Second by Larison. RE: AUTHORIZE APPOINTMENTS TO THE S2AY ADVISORY COMMITTEE – PUBLIC HEALTH WHEREAS, the S2AY Advisory Committee is the Health Services Advisory Committee for Schuyler County, and WHEREAS, the Schuyler County representatives are to be appointed for a three year term. NOW, THEREFORE, BE IT RESOLVED, that the following representatives be appointed to the S2AY Advisory Committee for the term from January 1, 2004 through December 31, 2006: George A. Roets, Director Michael Yuhasz, Legislator Deborah Bailey, Provider VOTE: Passed 7-0. RESOLUTION NO. 81 Motion by Bingell, Second by Larison. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – ANDERSON- WINCHELL - TOWN OF HECTOR – REAL PROPERTY TAX AGENCY 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 6.16-1-17 owned by Paul Anderson-Winchell in the Town of Hector, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that it constitutes a clerical error as defined in RPTL Section 550(2)h, and WHEREAS, that error caused an incorrect entry for the relevied school tax on the January, 2004 County Tax Roll, and WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due of $ 1,871.79 and a corrected bill be issued in that amount, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 25 BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Hector. VOTE: Passed 7-0. RESOLUTION NO. 82 Motion by Bingell, Second by Larison. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – EDWARDS - TOWN OF HECTOR WHEREAS, an application for correction of real property taxes has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for parcel 12.00-1-8.2 owned by Lloyd and Karen Edwards in the Town of Hector, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that it constitutes a clerical error as defined in RPTL Section 550(2)h, and WHEREAS, that error caused an incorrect entry for the relevied school tax on the January, 2004 County Tax Roll, and WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due of $ 3,096.22, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Hector. VOTE: Passed 7-0. RESOLUTION NO. 83 Motion by Bingell, Second by Larison. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL - FINK 104.00-1- 21.113 – TOWN OF DIX – REAL PROPERTY TAX AGENCY 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 104.00-1-21.113 owned by Charles and Helen Fink in the Town of Dix, 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, that error caused an incorrect entry for the relevied school tax on the January, 2004 County Tax Roll, and WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due of $ 1264.20, and a corrected bill be issued in that amount, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Dix. VOTE: Passed 7-0. RESOLUTION NO. 84 Motion by Bingell, Second by Larison. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – FINK 104.00-1- 21.12 - TOWN OF DIX – REAL PROPERTY TAX AGENCY 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 104.00-1-21.12 owned by Charles and Helen Fink in the Town of Dix, 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, that error caused an incorrect entry for the relevied school tax on the January, 2004 County Tax Roll, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 26 WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due of $ 28.81, and a corrected bill be issued in that amount, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Dix. VOTE: Passed 7-0. RESOLUTION NO. 85 Motion by Bingell, Second by Larison. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – HABERSTRON - TOWN OF DIX – REAL PROPERTY TAX AGENCY 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 74.00-1-6 owned by Kristie Haberstron in the Town of Dix, 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, that error caused an incorrect entry for the relevied school tax on the January, 2004 County Tax Roll, and WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due of $ 292.85 and a corrected bill be issued in that amount, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Dix. VOTE: Passed 7-0. RESOLUTION NO. 86 Motion by Bingell, Second by Larison. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – LOVELL - TOWN OF HECTOR – REAL PROPERTY TAX AGENCY 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 44.05-1-5 owned by Robert and Cindy Lovell in the Town of Hector, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that it constitutes a clerical error as defined in RPTL Section 550(2)h, and WHEREAS, that error caused an incorrect entry for the relevied school tax on the January, 2004 County Tax Roll, and WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due of $ 2,332.19 and a corrected bill be issued in that amount, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Hector. VOTE: Passed 7-0. RESOLUTION NO. 87 Motion by Bingell, Second by Larison. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – LUMBARD - TOWN OF DIX – REAL PROPERTY TAX AGENCY 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 65.13-1-15 owned by Nikki Lumbard in the Town of Dix, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 27 of the alleged error and found that it constitutes a clerical error as defined in RPTL Section 550(2)h, and WHEREAS, that error caused an incorrect entry for the relevied school tax on the January, 2004 County Tax Roll, and WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due of $ 846.44, and a corrected bill be issued in that amount, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Dix. VOTE: Passed 7-0. RESOLUTION NO. 88 Motion by Bingell, Second by Larison. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – REKCZIS - TOWN OF READING – REAL PROPERTY TAX AGENCY 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 42.12-1-17 owned by Keith and Christina Rekczis in the Town of Reading, 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, that error caused an incorrect entry for the relevied school tax on the January, 2004 County Tax Roll, and WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due of $ 398.80, and a corrected bill be issued in that amount, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Reading. VOTE: Passed 7-0. RESOLUTION NO. 89 Motion by Bingell, Second by Larison. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – RODRIGUEZ - TOWN OF READING – REAL PROPERTY TAX AGENCY 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 52.00-1-60.116 owned by Annette and David Rodriguez in the Town of Reading, 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, that error caused an incorrect entry for the relevied school tax on the January, 2004 County Tax Roll, and WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due of $ 108.76 and a corrected bill be issued in that amount, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Reading. VOTE: Passed 7-0. RESOLUTION NO. 90 Motion by Bingell, Second by Larison. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – OWEN - TOWN ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 28 OF TYRONE – REAL PROPERTY TAX AGENCY 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 49.00-1-36.12 owned by Helen Owen in the Town of Tyrone, and WHEREAS, the property owner applied for and was entitled to receive a senior citizen’s 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 Governmental Operations Committee to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due as outlined below, and that a corrected bill be issued to the property owner reflecting the corrected amount due, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Tyrone. 2004 Taxable Corrected Corrected Purpose Values Taxables Tax County Services $ 18,400 $ 9,200 $ 65.99 Medicaid - Local Share $ 18,400 $ 9,200 $ 42.14 Town Tax $ 18,400 $ 9,200 $ 33.47 Tyrone Fire District $ 18,400 $ 18,400 $ 28.18 Total Tax Due $ 169.78 VOTE: Passed 7-0. RESOLUTION NO. 91 Motion by Bingell, Second by Larison. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – CARL - TOWN OF HECTOR – REAL PROPERTY TAX AGENCY 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 45.00-1-6 owned by Diane Carl in the Town of Hector, and WHEREAS, the assessor has certified that the assessment reflects the presence of an improvement which was not in existence as of taxable status date, 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 errir in essential fact as defined in RPTL Section 550(3)b, and WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due as outlined below, and that a corrected bill be issued to the property owner reflecting the corrected amount due, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Hector. 2004 Taxable Corrected Corrected Purpose Values Taxables Tax County Services $ 70,300 $ 45,400 $ 310.42 Medicaid - Local Share $ 70,300 $ 45,400 $ 198.47 Town Tax $ 70,300 $ 45,400 $ 272.08 Burdett Fire District $ 70,300 $ 45,400 $ 88.34 Total Tax Due $ 869.31 VOTE: Passed 7-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 29 RESOLUTION NO. 92 Motion by Bingell, Second by Larison. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – DAVIS - TOWN OF TYRONE – REAL PROPERTY TAX AGENCY 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 49.7-2-15 owned by Robert Davis in the Town of Tyrone, and WHEREAS, the property owner applied for and was entitled to receive a disabled veteran’s exemption in the amount of $20,000 pursuant to RPTL Section 458-a, 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)b, 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 tax roll and warrant be adjusted to reflect a current amount due as outlined below, and that a corrected bill be issued to the property owner reflecting the corrected amount due, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Tyrone. 2004 Taxable Corrected Corrected Purpose Values Taxables Tax County Services $ 30,000 $ 20,000 $ 143.45 Medicaid - Local Share $ 30,000 $ 20,000 $ 91.61 Town Tax $ 50,000 $ 50,000 $ 181.90 Tyrone Fire District $ 50,000 $ 50,000 $ 76.57 Lamoka Dist 1 $ 90.19 Total Tax Due $ 583.72 VOTE: Passed 7-0. RESOLUTION NO. 93 Motion by Karius, Second by Bingell. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ALLOW STATE OWNED REFORESTATION LAND WITHIN SCHUYLER COUNTY SUBJECT TO TAXATION WHEREAS, the Legislature wishes to make state owned reforestation land within Schuyler County subject to county taxation pursuant to Real Property Tax Law Section 532. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature to adopt special legislation to amend New York State Law to subject state owned forest lands in Schuyler County to taxation, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator John R. Kuhl, Jr., New York State George Winner and to the Majority and Minority Leaders of the New York State Senate and Assembly. VOTE: Passed 7-0. RESOLUTION NO. 94 Motion by Karius, Second by Bingell. RE: AUTHORIZE CREATION OF AN INFORMATION TECHNOLOGY ADVISORY COMMITTEE/ DISBAN COMPUTER COORDINATION COMMITTEE BE IT RESOLVED, that the Schuyler County Legislature hereby creates an Information Technology Advisory Committee, comprised of county employees and outside resources, in order to: 1. Develop an Information Technology (IT) strategy offering guidance to an integrated IT program. 2. Offer recommendations regarding IT initiatives. 3. Oversee implementation of IT initiatives, and BE IT FURTHER RESOLVED, that this committee shall replace the Computer Coordination Committee, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 30 BE IT FURTHER RESOLVED, that the Legislature hereby authorizes the appointment of the following individuals to the Information Technology Advisory Committee, to serve until further notice: Margaret Starbuck – Treasurer’s Office Teri Baccile – Social Services Department Todd Day – Sheriff’s Department Charlotte Jaynes – Health Services Daryl Slusser - Legislator Tim Tostanoski – & D Board Bob Wixson – SCT Computers VOTE: Passed 7-0. RESOLUTION NO. 95 Motion by Karius, Second by Bingell. RE: AMEND MINIMUM INSURANCE STANDARDS POLICY FOR INDEPENDENT CONTRACTORS FOR ALL DEPARTMENTS WHEREAS, the County’s minimum insurance standards state that Schuyler County and its officers, employees and agents need NOT be named as Additional Insured under all certificates of insurance and policies, but merely provide proof that such coverage is in effect, and WHEREAS, is the recommendation of the county’s insurance broker, as well as the Schuyler County Attorney, that the county’s insurance standards policy be amended to change that requirement so that Schuyler County and its officers, employees and agents MUST be named as Additional Insured under all certificates of insurance and policies, and WHEREAS, this change would ensure that contractors performing services for the County would have their insurance be first in line for coverage versus the County’s insurance, and WHEREAS, this change would affect only Categories I, II and III of the County’s insurance standards. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopt the amended minimum insurance standards policy for the County of Schuyler as attached, effective immediately. VOTE: Passed 7-0. RESOLUTION NO. 96 Motion by Larison, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR STATE HOMELAND SECURITY PROGRAM FOR EMERGENCY MANAGEMENT & LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM FOR THE SHERIFF’S DEPARTMENT WHEREAS, the New York State Division of Criminal Justice Services is offering counties money for Weapons of Mass Destruction Preparedness with no local match required, and WHEREAS, the Emergency Management Office wishes to apply for $30,000 under the State Homeland Security Program, and WHEREAS, the Sheriff’s Department wishes to apply for $10,000 under the Law Enforcement Terrorism 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 State Homeland Security Program and Law Enforcement Terrorism Prevention Program grants; subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 97 Motion by Larison, Second by Bingell. RE: AUTHORIZE CREATION AND FILLING OF ONE FULL-TIME CORRECTIONS OFFICER AND FOUR PART-TIME DISPATCHERS TO STAFF COMMUNICATIONS CENTER – SHERIFF’S DEPARTMENT WHEREAS, in order to receive the 911 funds from the State of New York for the operation of the dispatch center, it is necessary to have sufficient staffing at the dispatch center, and WHEREAS, the Commission of Corrections for the State of New York has also recommended that a second person be put on from midnight to 8:00 a.m. for the operation of the County Jail, and WHEREAS, one person can perform both of these duties. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to create and fill one full-time Corrections Officer position for the dispatch center at an hourly rate of $13.27, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 31 BE IT FURTHER RESOLVED, that the Sheriff be further authorized to create and fill four part-time Dispatcher positions to staff the communications center at an hourly rate of $9.55, and BE IT FURTHER RESOLVED, that the funds for these positions be taken from the current Sheriff’s Department/County Jail budget, and if it becomes necessary to use any contingency funds later in the year, a subsequent resolution authorizing the same will be considered. DISCUSSION: Legislator Bleiler noted that the County increased its E911 revenues through a surcharge, however could not find the increased revenue in the budget. Bill Kennedy, Emergency Management Coordinator, explained that the income has to match the expenditures in the budget, and any excess goes into a dedicated reserve fund which can only be used for certain equipment items. Legislator Bleiler understood that the revenue is to help supply the system and hiring personnel would be included. Bill Kennedy explained that the reserve funding can only be used for equipment, not personnel. He explained what the State has set for the minimum standards for Phase II, and if Schuyler County does not meet the minimum standards, they will not receive the revenues or grants. Sheriff Maloney feels the Legislature is questioning his budget skills. He did not know this would be mandated this year. The letter setting forth this requirement is dated January 6, 2004, and the funding application has to be submitted by March 4th. There has to be two dispatchers on a shift, which he has always made clear to the Legislature. This requirement was never a mandate, but now it is. The Sheriff referred to a staffing analysis he did twenty years ago. Back then it took 5.2 employees to meet the needs of the community, and now with a population of 19,000 he needs 11 employees. They have 6-7 employees to man the Sheriff’s Department 24 hours/day, 7 days per week. One of his reasons justifying the need for these positions, just as it was 5 years ago, is liability and responsibility to provide an adequate service. He gave an example of a 911 call where the call was interrupted to call out the ambulance and fire departments. The justification from the State Commission of Corrections is always the concern about one person in dispatch and one in the jail. If something happened to a dispatcher while on duty, there would be no one there to take over. The Sheriff explained some of his budgeting strategies. With this resolution, he has stated that he will not ask for contingency funds until the end of the year only if necessary. Last year was exceptional as he had money left in his budget because he had two people off most of the year, and he back filled those positions with part-time employees. The Sheriff shared a chart organized by the Emergency Management Coordinator, which demonstrated average 911 calls. There are simply too many calls for one dispatcher to operate. This is another part of his justification for these positions. This fulfills only part of the mandate to prepare the funding application. The state will check and audit counties every year. Legislator Slusser asked how many daily 911 calls are false alarms? Bill Kennedy said he did not break that down. Sheriff Maloney said there is no question that there are some false alarms, however, they still have to answer them and send a deputy to make sure it is false. Legislator Bleiler said it is obvious the counties put together a budget by December 20th. For the State to send out a letter in January mandating counties to meet the minimum standards is unfair. The Legislature struggled over a budget that they are not at all happy with, even removed funding for positions. By the end of this year, if we add staff, we will have to take staff away. Legislator Fagan asked if this enhancement will release the stress for dispatchers. Sheriff Maloney hopes it will, in addition to stress debriefing training. Bill Kennedy said just the upgrade of equipment to cell phones in order to locate people will relieve some stress by making their job more efficient. Sheriff Maloney stated that with events such as Nascar weekend, and other tourism activities, they need the ability to locate cellular 911 calls in the county. Legislator Bleiler asked whom he should complain to about this mandate being placed on counties after their budgets are in place. Sheriff Maloney suggested Senator Kuhl, Winner and the Governor’s office. Legislator Karius stated that she was not going to vote to put new staff on, but when something like this comes up, she has to weigh both sides. She will vote yes on this resolution. VOTE: Passed 7-0. RESOLUTION NO. 98 Motion by Larison, Second by Bingell. RE: AUTHORIZE FILLING VACANT PART-TIME LABORER POSITION – SHERIFF’S DEPARTMENT ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 32 WHEREAS, from time to time it is necessary to relieve the part-time Laborer for the Animal Shelter when she is not able to perform her duties, and WHEREAS, there is a vacant part-time Laborer vacancy in the Sheriff’s Department, and WHEREAS, Resolution No. 439-03 requires a full legislative resolution to fill any and all vacancies. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff is hereby authorized to fill a vacant, part-time Laborer position for the Animal Shelter on an as needed basis with no impact on the Animal Control budget, at an hourly rate of $9.55 an hour, as provided for in the 2004 budget, account no. 3510.102, effective immediately. VOTE: Passed 7-0. RESOLUTION NO. 99 Motion by Bingell, Second by Bleiler. RE: WELCOME NATIONAL AND INTERNATIONAL FIELD ARCHERS WHEREAS, archers from throughout the United States and the World will be meeting in Schuyler County July 19 – July 23, 2004 for the National Field Archers Competition and the International Field Archery Association, and WHEREAS, this Legislature is proud to welcome once again the National and International Field Archers and their families to beautiful Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby welcomes the National and International Field Archers and their families and invites them to partake of the natural beauty, recreational parks and lakeside opportunities and facilities Schuyler County has to offer, and BE IT FURTHER RESOLVED, this Legislature further extends its best wishes to the Archers and their families for an enjoyable stay in our County and wishes the best of luck to the competitors in the Competition. VOTE: Passed 7-0. RESOLUTION NO. 100 Motion by Bingell, Second by Bleiler. RE: APPOINTMENT TO THE WORKFORCE DEVELOPMENT BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Robert Hogan to the Workforce Development Board for the term January 1, 2004 through December 31, 2006. VOTE: Passed 7-0. RESOLUTION NO. 101 Motion by Bingell, Second by Bleiler. RE: TWO-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2004 through December 31, 2005, to wit: OFFICE FOR THE AGING ADVISORY COUNCIL Sharon S. Bingell – Legislator Thomas M. Gifford – Chairman, Legislature William Anderson – Town of Reading Beverly Vona – Village of Watkins Glen ENVIRONMENTAL MANAGEMENT COUNCIL Harold Russell – Town of Dix Linda Arcangeli – Village of Burdett Dennis Fagan – Legislature Bruce Adams – Member at Large Dan Teed – Member at Large FISH & WILDLIFE MANAGEMENT BOARD Wayne Dimmick – Sportsman Glenn R. Larison – Legislator Delmar F. Bleiler – Legislator Alternate SOIL & WATER CONS. BOARD Glenn R. Larison – Legislature Doris L. Karius – Legislature ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 33 FOREST PRACTICE BOARD Glenn R. Larison – Legislature & D BOARD Daryl L. Slusser – Legislature VOTE: Passed 7-0. RESOLUTION NO. 102 Motion by Bingell, Second by Larison. RE: APPOINTMENT – AGRICULTURE & FARMLAND PROTECTION BOARD BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to Agriculture & Farmland Protection Board for the term January 1, 2004 through December 31, 2007, to wit: Rory Miller – Farmer Benjamin Dickens – Farm Bureau Rep. John Murch - Agribusiness VOTE: Passed 7-0. RESOLUTION NO. 103 Motion by Bingell, Second by Bleiler. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – HAIGHT – TOWN OF ORANGE WHEREAS, an application for correction of real property taxes has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for parcel 93.00-1-33.12 owned by Henry Haight in the Town of Orange, and WHEREAS, the property owner applied for and was entitled to receive a wartime veteran’s exemption in the amount of $3,240 pursuant to RPTL Section 458-a, 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)b, 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 tax roll and warrant be adjusted to reflect a current amount due as outlined below, and that a corrected bill be issued to the property owner reflecting the corrected amount due, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Orange. 2004 Taxable Corrected Corrected Purpose Values Taxables Tax County Services $ 21,600 $ 18,360 $ 128.61 Medicaid - Local Share $ 21,600 $ 18,360 $ 81.97 Town Tax $ 21,600 $ 21,600 $ 157.42 Orange Fire District $ 21,600 $ 21,600 $ 33.79 Total Tax Due $ 401.79 VOTE: Passed 7-0. RESOLUTION NO. 104 Motion by Bingell, Second by Bleiler. RE: RESOLUTION TO DENY APPLICATION FOR CORRECTED TAX ROLL – CRANCE - TOWN OF ORANGE WHEREAS, an application for correction of real property taxes has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for parcel 71.00-1-29.1 owned by Jasper and Wilma Crance in the Town of Orange, and WHEREAS, the property owner alleges that the assessor failed to grant a senior citizens exemption that should have been applied to the town and county tax bill, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that the property owner does not qualify for the exemption because the income ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 34 of the owners exceeds the limit set by local law, 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: Passed 7-0. RESOLUTION NO. 105 Motion by Bingell, Second by Bleiler. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – BROWER – TOWN OF DIX 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 63.00-3-14.112 owned by Lisa Brower in the Town of Dix, 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, that error caused an incorrect entry for the relevied school tax on the January, 2004 County Tax Roll, 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 tax roll and warrant be adjusted to reflect a current amount due of $592.10 and a corrected bill be issued in that amount, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Dix. VOTE: Passed 7-0. RESOLUTION NO. 106 Motion by Bingell, Second by Bleiler. RE: APPOINTMENTS – EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE BE IT RESOLVED, that the Schuyler County Legislature hereby approves the following appointments to the Emergency Medical and Highway Safety Committee for the following terms: William Kennedy – Emergency Management 1/1/04-12/31/05 Robert Michael – Driver Education 1/1/04-12/31/05 Jason Kelly – Fire/Ambulance 1/1/04-12/31/05 Craig May – Volunteer Ambulance 1/1/04-12/31/05 Glenn R. Larison – Public Safety Committee 1/1/04-12/31/05 Thomas M. Gifford – Chairman of the Legislature 1/1/04-12/31/04 Charles Franzese – Engineer 1/1/04-12/31/04 VOTE: Passed 7-0. RESOLUTION NO. 107 Motion by Bingell, Second by Larison. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY – DEPUTY COUNTY TREASURER BE IT RESOLVED, that this Legislature acknowledge the appointment by the Treasurer, Margaret Starbuck of Winona Fisher as Deputy County Treasurer in grade D of the Management/Confidential Salary Plan, at an annual salary of $28,254 effective February 17, 2004. VOTE: Passed 7-0. RESOLUTION NO. 108 Motion by Bingell, Second by Larison. RE: AUTHORIZE APPLICATION FOR SECTION 5311 ANNUAL OPERATING ASSISTANCE WHEREAS, the County of Schuyler is submitting a request for a grant of funds to the New York State Department of Transportation, pursuant to Section 5311, Title 49 United States Code, for a project to provide for Public Mass Transportation Service for Schuyler County, for the 2003 and 2004 fiscal years, and WHEREAS, the County of Schuyler and the State of New York have entered into a continuing Agreement for a ten-year period, which authorizes the undertaking of the Project and payment of the Federal Share, identified as State Contract No. C003673. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to act on behalf of the County of Schuyler to sign the annual grant application and process and complete the above named project, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 35 BE IT FURTHER RESOLVED, that the County of Schuyler is contracting with a third party subcontractor for the project described above, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to sign any contracts or agreements between the COUNTY OF SCHUYLER and any third party subcontractor necessary to complete the above named Project; subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 109 Motion by Bingell, Second by Larison. RE: APPOINTMENTS – SCHUYLER COUNTY PLANNING COMMISSION BE IT RESOLVED, that the Schuyler County Legislature hereby approves the following appointments to the Planning Commission for the term January 1, 2004 through December 31, 2005: Hazel Raplee Janice Arcangeli Niera Donna Kelley Gail Fink Dave Quarltere VOTE: Passed 7-0. RESOLUTION NO. 110 Motion by Bingell, Second by Larison. RE: AUTHORIZE FOUR RESOLUTIONS BE BROUGHT TO THE FLOOR BE IT RESOLVED, that four Resolutions be brought to the floor. VOTE: Passed 7-0. RESOLUTION NO. 111 Motion by Bingell, Second by Larison. RE: ASSIGN CODE ENFORCEMENT DUTIES TO THE EMERGENCY MANAGEMENT COORDINATOR WHEREAS, the County is required by the State to either designate a Code Enforcement Officer or to pass a legislative resolution opting out of code enforcement, and WHEREAS, passing a resolution opting out of code enforcement places the responsibility on a New York State Division of Codes District Engineer, which is not in the best interest of the County, and WHEREAS, after review of the remaining options, the Legislative Chairman recommends that the most expedient, effective means to meet County code enforcement responsibilities is to assign these duties to the Emergency Management Coordinator, and WHEREAS, there is an immediate need for code enforcement inspections in the District Attorney’s Office. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby assigns the responsibility of code enforcement for Schuyler County buildings to the Emergency Management Coordinator effective immediately. DISCUSSION: Legislator Bleiler stated that when the Legislature hired Rick Churches as temporary Coordinator, his advice was to remove code enforcement responsibilities from that position. He feels that emergency management is becoming more and more challenging every day, and more important in terms of homeland security. That office now receives numerous grants that they never before received and must administer. He does not believe the Coordinator will have time for code enforcement. Legislator Bingell explained that Chairman Gifford and herself had a meeting with David Lisk, Building Maintenance Supervisor, and Hunt Engineers about the District Attorney office space project. If the county does not have a Code Enforcement Officer in place before this Wednesday, the state will become in charge of the county’s code enforcement. She feels by allowing the state to come in will be costly in many ways. Legislator Larison feels the responsibility of enforcing only county property will take very little time, and that they should have a county officer performing that function. Conditions have changed from when Rick Churches was temporary Coordinator. Legislator Bleiler asked Bill Kennedy if he was still willing or interested in doing this function. Bill said if it is the only option and it helps the county, then he will take on the job. Attorney Coleman explained that if the State becomes the local authority, there will be no choices or options, just marching orders. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 36 VOTE: Passed 7-0. RESOLUTION NO. 112 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT FOR INVESTIGATIVE SERVICES - DISTRICT ATTORNEY WHEREAS, there is currently a need for investigative services for the District Attorney’s Office as a result of the number of criminal cases pending in Schuyler County, and WHEREAS, the District Attorney believes that an investigator would enhance his ability to prosecute the extensive number of criminal offenses within Schuyler County; and WHEREAS, the District Attorney requests that a contract with Michael J. Powers be executed for investigative services to the District Attorney’s Office, with compensation to be paid at the rate of $385.00 per month, not to exceed $5,000.00 over the term of the contract. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contact with Michael J. Powers for investigative services to be provided to the District Attorney’s Office for the term of March 1, 2004 to March 31, 2005, said contract with Michael J. Powers to include compensation of $385.00 per month ($5,000.00 maximum over the term of the contract) to be paid according to paragraph 6 of the contract. Funding for this contract is available in the District Attorney 2004 budget account no. 1165.435. The contract is subject to the review and approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 113 Motion by Bingell, Second by Larison. RE: ACCEPT 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. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to accept the Offer to Purchase and execute the quitclaim deed and attending documents for the transfer of the below listed property, and any other 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 by 5:00 p.m. on February 27, 2004, which is the last regularly scheduled work day of the Schuyler County Treasurer’s Office prior to the tax sale auction, and BE IT FURTHER RESOLVED, that upon 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. TOWN TAX MAP # FORMER OWNER OF RECORD Montour 86.8-1-39 Charles and Vina Chamberlain VOTE: Passed 7-0. RESOLUTION NO. 114 Motion by Bingell, Second by Larison. RE: RESOLUTION IN OPPOSITION TO SENATE BILL 4174 – AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO MAKING CONTESTS AND COMPETITIONS TO TAKE WILDLIFE UNLAWFUL - FAILED WHEREAS, the Senator Marcellino has sponsored Senate Bill 4174 to provide that it shall be unlawful for any person to organize, conduct, promote or participate in any contest or competition where the objective of such contest or competition is to take the greatest number of wildlife, and WHEREAS, this bill will be brought on the floor of the Senate from the Senate Environmental Conservation Committee on February 10, 2004, and WHEREAS, a number of State conservation and wildlife agencies and boards strongly oppose this bill because they feel this ban attacks the family-oriented, American tradition of sportsmanship. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby opposes Senate Bill 4174 and encourages its Senate representatives to disapprove of said bill, and BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to Senator Majority ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 37 Leader Joseph Bruno, Senator John R. Kuhl, Jr., NYSAC and Inter County Association of Western New York. DISCUSSION: Legislator Bleiler asked if this is opposing a bill to ban hunting/fishing contests. It seems backwards to him. He thinks it is a good idea to promote this bill, not oppose it. Legislator Larison said he received an e-mail today from the Fish and Wildlife Management contact that this was competing on those sports that Legislator Bleiler is supporting. Chairman Gifford read the summary from the Bill. Attorney Coleman said there might be some hidden agenda to ban hunting. VOTE: Failed 4-3. Noes: Bleiler, Bingell, Fagan. RESOLUTION NO. 115 Motion by Bingell, Second by Larison. RE: RESOLUTION IN SUPPORT OF CHANGING THE NAME OF THE SCHUYLER/STEUBEN RURAL TRANSPORTION COMMITTEE WHEREAS, Southern Tier Central Regional Planning and Development Board, in collaboration with New York State Department of Transportation, and Steuben and Schuyler Counties, has formed the Schuyler- Steuben Rural Transportation Committee, and WHEREAS, initially the term "rural" was used to identify the two counties within Southern Tier Central Regional Planning and Development Board's service area that do not have access to a Metropolitan Planning Organization to assist in transportation planning, and in implementing the Schuyler-Steuben Rural Transportation Needs Study, the Committee is working regionally with metropolitan areas, and recognizes the urbanized areas within both Steuben and Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Committee requests an official name change from the Schuyler-Steuben Rural Transportation Committee to the Schuyler-Steuben Transportation Committee, and BE IT FURTHER RESOLVED, that this Legislature hereby acknowledges the committee’s request and supports said change. VOTE: Passed 6-1. No: Karius. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Bingell reported on the Public Works Committee. The Highway Department expects delivery of one new Dump Truck the week of February 9th. This truck was purchased through NYSOGS (New York State Office of General Services) Contract Award. The Governor’s proposed budget includes a $35 million reduction to County CHIPS programs. This would result in a loss of $122,000 to Schuyler County. Lobbying efforts are underway to reinstate these funds. Legislator Slusser reported on the Management & Finance Committee. Regardless of the Budget Officer issue, every committee needs to start talking budget now. Legislator Fagan reported on the Community Development & Natural Resources Committee. SCOPED is proceeding with 25 additional sites in Tompkins County as part of our Empire Zone. The vast majority of these sites are existing operations that are expanding. They do not include direct competitors to us. They have indicated a desire to advertise for openings in our local paper. The application fee will pay for upfront costs. By doing this, we might be able to receive up to $175,000 in revenues to help fund SCOPED. Legislator Larison said he attended the NYSAC meeting, and asked all legislators to carefully review the information he brought back from that meeting. PUBLIC PARTICIPATION: None. The Meeting adjourned at 8:24 P.M. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk SPECIAL MEETING FEBRUARY 20, 2004 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 38 The February 20, 2004 Special Meeting of the Schuyler County Legislature was called to order at 11:30 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present except Legislators Larison and Yuhasz who were excused. County Attorney Coleman was also excused. MOTION by Legislator Bleiler, SECOND by Legislator Slusser to waive the Rules of Procedure to call an emergency Special Meeting of the Legislature immediately. Motion carried six ayes to zero noes. PUBLIC PARTICIPATION: None. RESOLUTION NO. 116 Motion by Bleiler, Second by Bingell. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. Authorize Transfer of Funds for Server Purchase – Information Technology. VOTE: Passed 6-0. RESOLUTION NO. 117 Motion by Bingell, Second by Fagan. RE: AUTHORIZE TRANSER OF FUNDS FOR SERVER PURCHASE – INFORMATION TECHNOLOGY WHEREAS, the current network server is in need of immediate replacement due to lack of drive capacity. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $4,100 from Information Technology account no. 1680.100-Personal Services to account no. 1680.200- Equipment, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature be hereby authorized to purchase the necessary equipment as recommended by the computer technical assistance contractors. VOTE: Passed 6-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 11:34 a.m. Gail M. Hughey, Clerk SPECIAL MEETING MARCH 3, 2004 The March 3, 2004 Special Meeting of the Schuyler County Legislature was called to order at 9:00 a.m. by Acting Chairman Karius. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except Legislators Gifford and Bleiler who were excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 118 Motion by Larison, Second by Fagan. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. Accept Offers to Purchase and Quitclaim Property Taken by Tax Deed 2. Accept 2003 Tax Auction Bids. 3. Authorize Filling Vacant On-Call Meal Deliverer Position – Office for the Aging VOTE: Passed 6-0. RESOLUTION NO. 119 Motion by Larison, Second by Fagan. RE: ACCEPT OFFERS TO PURCHASE AND QUICKCLAIM PROPERTY TAKEN BY TAX DEED WHEREAS, the County Treasurer took tax deeds to the following property located in Schuyler County, State of New York, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 39 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. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to accept the Offer to Purchase and execute the quitclaim deed and attending documents for the transfer of the below listed properties, and any other 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 by 5:00 p.m. on February 27, 2004, which is the last regularly scheduled work day of the Schuyler County Treasurer’s Office prior to the tax sale auction, and BE IT FURTHER RESOLVED, that upon 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. TOWN TAX MAP # FORMER OWNER OF RECORD Dix 104.-1-19.122 Kristi L. Ray Hector 12.-1-54.22 David C. Moat (formerly John Doyle) Hector 33.-1-10 David Allen Smith Hector 33.5-2-3 David Allen Smith Montour 76.19-2-29 Darrell C. Cole Orange 102.5-1-18.1 Lee P. Kizer Jr. Tyrone 30.00-1-16 Deborah L. Parsons VOTE: Passed 6-0. RESOLUTION NO. 120 Motion by Larison, Second by Fagan. RE: ACCEPT/REJECT 2003 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 February 28, 2004. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts, the following bids to wit: BIDDER'S NAME: Christopher G. Dean BIDDER'S ADDRESS: 318 Bronson Street Painted Post, NY 14870 AMOUNT OF BID: $13,600 FORMER OWNER: Edward Jr. & Stephanie Bentley TAX MAP 68.-1-29 PARCEL ID NUMBER: 102-0456-00 LOCATION: Town of Catharine BIDDER'S NAME: Andrew Fudala BIDDER'S ADDRESS: 5850 CR 11 Alpine, NY 14805 AMOUNT OF BID: $5,700 FORMER OWNER: Roger Stapks TAX MAP 99.14-1-22 PARCEL ID NUMBER: 102-0624-00 LOCATION: Town of Catharine BIDDER'S NAME: Sharon S. Bingell ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 40 BIDDER'S ADDRESS: 2715 Irelandville Rd. Watkins Glen, NY 14891 AMOUNT OF BID: $3,200 FORMER OWNER: Myra Homan Robertson TAX MAP 65.17-1-19 PARCEL ID NUMBER: 301-0644-01 LOCATION: Town of Dix/Village of Watkins Glen BIDDER'S NAME: Donald M. Cox BIDDER'S ADDRESS: 452 Morey Rd. Mallory, NY 13103 AMOUNT OF BID: $3,40 FORMER OWNER: Arthur Arnold TAX MAP 33.-1-29.113 PARCEL ID NUMBER: 401-1659-04 LOCATION: Town of Hector BIDDER'S NAME: Edward C. Overly BIDDER'S ADDRESS: 9772 West Cross Place Littleton, CO 80123 AMOUNT OF BID: $19,000 FORMER OWNER: Terry M. McInnes TAX MAP 76.19-2-43 PARCEL ID NUMBER: 501-0734-00 LOCATION: Town of Montour/Village of Montour Falls BIDDER'S NAME: Earl L. Huff, Sr. BIDDER'S ADDRESS: 1966 Eaton Rd Rock Stream, NY 14878 AMOUNT OF BID: $7,200 FORMER OWNER: Linda Reynolds TAX MAP 51.-3-22.2 PARCEL ID NUMBER: LOCATION: Town of Reading BIDDER'S NAME: Kirk & Carolyn J. Brooks BIDDER'S ADDRESS: 1050 Leach Rd Penn Yan, NY 14527 AMOUNT OF BID: $13,500 FORMER OWNER: Regina M. Ferbert TAX MAP 19.-1-28.2 PARCEL ID NUMBER: 801-1439-00 LOCATION: Town of Tyrone, and BE IT FURTHER RESOLVED, the Schuyler County Attorney is directed to prepare appropriate deeds and documents pertinent to such conveyance within thirty days of this authorization, and BE IT FURTHER RESOLVED, the Chairman of the Schuyler County Legislature is authorized to execute such deeds and attending documents and the Schuyler County Treasurer is authorized to deliver such deeds and attending documents upon full payment of the bid purchase price balance to the County of Schuyler. VOTE: Passed 5-0. Abstain: Bingell. RESOLUTION NO. 121 Motion by Larison, Second by Fagan. RE: AUTHORIZE FILLING VACANT ON-CALL MEAL DELIVERER POSITION – OFFICE FOR THE ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 41 AGING WHEREAS, the Schuyler County Office for the Aging as a vital part of its mission delivers on the average over two thousand home delivered meals a month to residents of Schuyler County who are sixty years and older, and WHEREAS, there is presently one On-Call Meal Deliverer position that delivers these nutritious meals, but a vacancy exists for an additional On-Call Meal Deliverer, and WHEREAS, to be able to continue to deliver the large number of meals every month it is vital to fill this vacant position and maintain the on-call staff at not less than two drivers, and WHEREAS, funds for the payment of this On-Call Meal Deliverer have previously been budgeted and provided for by Title III B of the Older Americans Act and the Schuyler County Budget, and this is a non- competitive position requiring no civil service testing. NOW, THEREFORE, BE IT RESOLVED, that the Director of the Office of the Aging be hereby authorized to fill the vacant, On-Call Meal Deliverer position at an hourly rate of $10.05, effective immediately. VOTE: Passed 6-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:06 a.m. Stacy B. Husted, Deputy Clerk REGULAR MEETING MARCH 8, 2004 The March 8, 2004 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Acting Chairman Karius. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present except Legislator Gifford who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Sue Brill referred to last year when the Legislature re-appointed William Weiss as Commissioner of Social Services and asked if anyone checked with other agencies or staff about his re-appointment. Legislator Bleiler responded that the Legislature does performance evaluations which they discuss internally, but they do not seek outside advice. Legislator Bleiler asked George Roets, Director of Community Services/Public Health, to make a presentation on the Employee Assistance Program (EAP) Resolution. Mr. Roets gave some history on the development of an EAP for Schuyler County employees and their families. They feel their department is capable of providing this service. They have proposed the idea to the unions and the Human Resources office, and have conferred with the County Attorney’s Office about the legalities. They would provide a program with the prospect of saving county dollars, reducing absenteeism of employees and possibly even increasing productivity. There is a lot of data available to demonstrate the benefits. They intend to provide a separate program from their other services to maximize confidentiality, which will include a 24-hour telephone contact with business day follow-up. They expect self-referrals by employees, and will provide them with a place to meet or negotiate on where to meet if a face-to-face meeting is needed. He is not looking for local dollars to provide this service, it will be covered with productivity. They also plan to provide community education to groups of employees and others to improve overall wellness. He stressed the fact that it is confidential, none of the services will be done from the Mill Creek site. Legislator Bleiler feels it is worth a try. He asked if someone made a phone contact, could they be referred to another EAP such as BOCES? Mr. Roets said it would be their obligation to look into that, and it would be a strong possibility. RESOLUTION NO. 122 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE DECEMBER 4, 2003 PUBLIC HEARING, THE DECEMBER 8, 2003 REGULAR MEETING, THE DECEMBER 11, 2003 SPECIAL MEETING, THE DECEMBER 16, 2003 SPECIAL MEETING AND THE DECEMBER 29, 2003 YEAR END MEETING OF THE ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 42 SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the December 4, 2003 Public Hearing, the December 8, 2003 Regular Meeting, the December 11, 2003 Special Meeting, the December 16, 2003 Special Meeting and the December 29, 2003 Year End Meeting of the Schuyler County Legislature be approved. VOTE: Passed 7-0. RESOLUTION NO. 123 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION TO THE OFFICE OF JUVENILE JUSTICE DRUG FREE COMMUNITIES – YOUTH BUREAU WHEREAS, the Youth Bureau, in collaboration with CAAST membership, is engaged in the Communities That Care planning process, and WHEREAS, this planning process is to bring agencies, schools and community together to combat alcohol and substance abuse in youth, and WHEREAS, the Drug-Free Community Program grant supports this planning process and if offering agencies up to $100,000, and WHEREAS, the Schuyler County Youth Bureau wishes to apply for the grant and agrees to act as the fiscal agent. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for the Drug-Free Community Program Grant funding and any subsequent contracts; subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 124 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE FOR APPLICATION CHEMUNG, SCHUYLER, STEUBEN WORKFORCE INVESTMENT YOUNG ADULT EMPLOYMENT GRANT – YOUTH BUREAU WHEREAS, Schuyler County has a high youth unemployment rate, and WHEREAS, the Chemung, Schuyler, Steuben Workforce Development Board/Workforce New York awards grants for year round youth employment, and WHEREAS, the Workforce Investment Act allows both low-income and at-risk youth ages 14-21 years of age to apply, and NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau be authorized to apply for the Workforce Investment Act (WIA) grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for the WIA Grant funding and any subsequent contracts; subject to review of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Youth Bureau be designated administrator for the WIA grant, and BE IT FURTHER RESOLVED, that the Schuyler County Youth Bureau Director be authorized to increase the Youth Program Coordinator’s hours from 17 hours/week to 35 hours per week upon receipt of the grant beginning July 1, 2004. BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the appropriate line items for the grant upon final receipt of the same. VOTE: Passed 7-0. RESOLUTION NO. 125 Motion by Bleiler, Second by Bingell. RE: DECLARE EQUIPMENT SURPLUS – REAL PROPERTY TAX AGENCY AND HUMAN RESOURCES WHEREAS, the Real Property Tax Agency and Human Resources Department each have a fax machine, which are no longer need by the departments. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said fax machines as surplus, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor remove said fax machines and place in storage for inclusion in the annual County Auction. One Sharp UK184 Fax Machine S/N 37173909 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 43 One HP Office Jet Fax Machine S/N SG5BMH204R VOTE: Passed 7-0. RESOLUTION NO. 126 Motion by Slusser, Second by Bingell. RE: DECLARE EQUIPMENT JUNK – INFORMATION TECHNOLOGY WHEREAS, the Information Technology department has computer equipment, and monitors and printers, which are no longer usable. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said computer equipment, printers, and monitors as junk, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor remove said computers, monitors, and printers and dispose in the proper manner. VOTE: Passed 7-0. RESOLUTION NO. 127 Motion by Slusser, Second by Bingell. RE: AMEND SCHUYLER COUNTY FIXED ASSETS POLICY WHEREAS, the Schuyler County Fixed Assets Policy needs to be amended to identify assets of having a value of five hundred dollars ($500) or more, to match the current policy for depreciation according to GASB 34 requirements. NOW, THEREFORE, BE IT RESOLVED, that the County Legislature hereby amends the County’s Fixed Asset Policy to reflect equipment as a fixed asset with a minimum value of five hundred dollars ($500). VOTE: Passed 7-0. RESOLUTION NO. 128 Motion by Slusser, Second by Bingell. RE: AMEND RESOLUTION NO. 42-04/ESTABLISHMENT OF A HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) ADMINISTRATIVE OVERSIGHT COMMITTEE WHEREAS, Resolution No. 42-04 established the above-referenced committee, and WHEREAS, the Records Management Office was inadvertently omitted from inclusion on said committee and should be a member of this group. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 42-04 be amended to add a Records Management representative to the HIPAA Administrative Oversight Committee, namely Kathy Walruth. VOTE: Passed 7-0. RESOLUTION NO. 129 Motion by Larison, Second by Bingell. RE: RECOGNIZE WEEK OF APRIL 18-24, 2004 AS “NATIONAL VOLUNTEER WEEK” WHEREAS, the citizens of Schuyler County have, through selfless dedication, given of themselves for the betterment of this community, and WHEREAS, these citizens serve, through countless hours of volunteering, the agencies and institutions of Schuyler County. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature does hereby recognize April 18-24, 2004 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: Passed 7-0. RESOLUTION NO. 130 Motion by Larison, Second by Bingell. RE: ACCEPT PROPOSAL FOR ENGINEERING SERVICES FROM HUNT ENGINEERS FOR DESIGN OF CR 11 AND CR 16 CULVERTS – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for design services for the replacement of culverts on County Road 11 and County Road 16, and WHEREAS, Hunt Engineering has proposed engineering services for the design of the CR-11 and CR- 16 culverts that will replace the existing culverts. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature accepts the proposal ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 44 price not to exceed $15,900 for CR-11 and $13,500 for CR-16, funds available in the 2004 County Road budget account no. 5020.400, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to retain Hunt Engineers for engineering services for the replacement of CR-11 and CR- 16 Culverts; subject to the approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 131 Motion by Larison, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR ONE SINGLE DRUM ROLLER – HIGHWAY DEPARTMENT WHEREAS, the Highway Department is in need of a Single Drum Roller, and WHEREAS, advertisement for bids of the same where made and opened at the Bid Opening on February 24, 2004. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Schuyler County Highway Superintendent, the Schuyler County Legislature accept the following bid from Anderson Equipment Co. in the amount of $65,380; funds available in the 2004 budget account number 5130.259. BE IT FURTHER RESOLVED, that all other bids be rejected with a letter of appreciation for their participation. VOTE: Passed 7-0. RESOLUTION NO. 132 Motion by Bingell, Second by Larison. RE: ACCEPT PROPOSAL FOR OIL AND GAS LEASING OF COUNTY OWNED LAND – BUILDINGS AND GROUNDS – AMENDED BY RESOLUTIONS NO. 177-04 AND 358-04 WHEREAS, Schuyler County requested proposals for oil and gas leasing on certain county-owned land, and WHEREAS, only one proposal was received and the Public Works Committee recommends acceptance of the proposal. NOW, THEREFORE, BE IT RESOLVED, that the Legislature accept the proposal from EOG Resources, Inc. (T.S. Calkins & Associates, Inc.) for oil and gas leasing on certain county owned lands as follows: Tax Map # 85.-1-13.12 Tax Map # 85.-1-13.13 34.643 total acres for access to County Road 16, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a lease agreement with EOG as set forth above, effective immediately, in the amount of $192.00 a year, for a term of five years totaling $960.00 and 34.643 total acres at a price of $120.00 per net acre for a total of $4,157.16; subject to the approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 133 Motion by Bingell, Second by Larison. RE: AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR ENGINEERING WORK – BUILDINGS AND GROUNDS WHEREAS, Schuyler County Buildings and Grounds has continuing problems and test failures of the back flow devices in the jail and the courthouse complex, and WHEREAS, in order to make changes to the cross connection devices, drawings completed by a certified engineer are required to be submitted to NYS Department of Public Health for approval. NOW, THEREFORE, BE IT RESOLVED, that Hunt Engineering, Architects and Surveyors be contracted to provide aforementioned services at a cost of $2,250 to be paid from the 2004 budget, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor is directed to solicit Request for Proposals to complete the work within the 2004 budget if possible, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign said agreement with Hunt Engineers for engineering services in the amount of $2,250; subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 134 Motion by Bingell, Second by Larison. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 45 RE: AUTHORIZE GRANT APPLICATION FOR EXPIDITED DEPLOYMENT GRANT FUNDING – EMERGENCY MANAGEMENT WHEREAS, the New York State Department of State, Office of Fire Prevention and Control, and the 911 Board, has offered funding to counties to assist them in achieving “Phase 2” capability for their 911 emergency call system, and WHEREAS, the Emergency Management Office wishes to apply for approximate $100,000.00, and WHEREAS, this grant has a 10% match to the county which has been met with 911 center equipment updates purchased in 2003. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the Expedited Deployment Grant Funding; subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 135 Motion by Fagan, Second by Bingell. RE: APPOINTMENT TO LOCAL CONDITIONAL RELEASE COMMISSION-PROBATION WHEREAS, Karen Raplee was appointed to the Local Conditional Release Commission for a four year term terminating on March 14, 2004, and WHEREAS, Karen is willing to continue to serve on the above Commission. NOW, THEREFORE, BE IT RESOLVED, that Karen Raplee be reappointed to said Commission for a period of four years, commencing March 15, 2004 and terminating March 14, 2008. VOTE: Passed 7-0. RESOLUTION NO. 136 Motion by Fagan, Second by Bingell. RE: ACCEPT PROPOSAL FROM INTEGRATED TIRE FOR THE 2004 USED TIRE COLLECTION DAY WHEREAS, the County has budgeted $5,000 for a Used Tire Collection Day in 2004, and WHEREAS, the Recycling/Solid Waste Office of Cornell Cooperative Extension has issued a Request for Proposals for said program with the approval of the Schuyler County Attorney. NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Community Development and Natural Resources Committee, the Recycling/Solid Waste Office of Cornell Cooperative Extension, and the Schuyler County Attorney, this Legislature hereby accepts the proposal from Integrated Tire, in the amount of $1,300 per trailer, for a Used Tire Collection Day to be held May 8, 2004, at the Schuyler County Highway Department property, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute any and all documents necessary to effectuate the above-referenced proposal acceptance; subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 137 Motion by Fagan, Second by Bingell. RE: ACCEPT PROPOSAL FROM CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., FOR THE 2004 HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY WHEREAS, the County has budgeted $6,500 for a Household Hazardous Waste Collection Day in 2004, and WHEREAS, the Recycling/Solid Waste Office of Cornell Cooperative Extension has issued a Request for Proposals for said program with the approval of the Schuyler County Attorney. NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Community Development and Natural Resources Committee, the Recycling/Solid Waste Office of Cornell Cooperative Extension, and the Schuyler County Attorney, this Legislature hereby accepts proposal number one from Clean Harbor Environmental Services, Inc., in an amount not to exceed $6,500, for a Household Hazardous Waste Collection Day to be held May 8, 2004, at the Schuyler County Highway Department property, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 46 BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute any and all documents necessary to effectuate the above-referenced proposal acceptance; subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 138 Motion by Fagan, Second by Bingell. RE: ACCEPT PROPOSAL FROM REGIONAL COMPUTER RECYCLING & RECOVERY, LLC., FOR THE 2004 USED ELECTRONICS COLLECTION DAY WHEREAS, the County has budgeted $1,000 for a Used Electronics Collection Day in 2004, and WHEREAS, the Recycling/Solid Waste Office of Cornell Cooperative Extension has issued a Request for Proposals for said program with the approval of the Schuyler County Attorney. NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Community Development and Natural Resources Committee, the Recycling/Solid Waste Office of Cornell Cooperative Extension, and the Schuyler County Attorney, this Legislature hereby accepts proposal number one from Regional Computer Recycling & Recovery, LLC., in the amount of $7.90 per computer monitor or laptop, plus $12.50 per television, plus $25 per pallet of materials collected, for a Used Electronics Collection Day to be held May 8, 2004, at the Schuyler County Highway Department property, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute any and all documents necessary to effectuate the above-referenced proposal acceptance; subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 139A Motion by Bleiler, Second by Bingell. RE: MOTION TO AMEND RESOLUTION NO. 139 – FAILED BE IT RESOLVED, that Resolution No. 139 be amended to add “Be It Further Resolved, that the financial benefit rights be shared by dividing the resources equally to help reduce the public portion of obligation from the County and the municipalities.” DISCUSSION: Legislator Bleiler feels the financial benefit rights should be shared by dividing the resources equally. The public half of the revenue should be used to reduce the annual public portion of obligation towards SCOPED. Legislator Fagan said he viewed this more like a room tax, a source of revenue to replace some property tax. Legislator Bleiler reiterated his proposal because he feels SCOPED is a partnership, shared by private and public parties, and feels the revenues should be shared the same way. Legislator Larison said he cannot support that proposal. SCOPED is doing a wonderful job and money will continue to be needed for the empire zone since the state has reduced their empire zone funding. Legislator Fagan said he can appreciate Legislator Bleiler’s concern, but agrees with Legislator Larison. He feels as a long term economic development strategy to increase the tax base, they should keep the revenues to ensure full participation in the future. With this amendment, the net affect would be to reduce the community’s share in economic development. Legislator Slusser questioned the distribution of the funds. Kelsey Jones, Executive Director of SCOPED, said all the funds will go to SCOPED. Legislator Bleiler reminded the Board that the county has been contributing $125,000 each year since 1998 to SCOPED, even though initially they were told it would only be a three-year commitment. This year the county even contributed more to make up for the reduced funding from the state for the Empire Zone Coordinator. If the county at some point has to consider laying off staff, he will not be in favor of budgeting funds to SCOPED. He feels selling our Empire Zone acreage is wrong, it belongs to the taxpayers as much as SCOPED. If we are selling rights, he feels half should be given back as a credit towards their obligation. Legislator Slusser feels this issue of reducing SCOPED’s funding should be addressed at budget time. VOTE: Failed 2-5. Noes: Larison, Yuhasz, Slusser, Fagan, Karius. RESOLUTION NO. 139 Motion by Fagan, Second by Slusser. RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 2004 AMENDING LOCAL LAW NO. 1 OF 2003 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) BE IT RESOLVED, that Local Law Intro. No. 1.Local Law No. of the year 2004, in the form hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 47 BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on April 12, 2004 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 2004 BE IT ENACTED, by the Schuyler County Legislature, as follows: Section 1. By Local Law No. 1-2003, this Legislature authorized an application for the designation of an Empire Zone relative to certain land within Schuyler County Empire Zone. Section 2. That the County of Schuyler has received Empire Zone approval from New York State. Section 3. By Local Law No. 12-2000, adopted on November 15, 2000, the Empire Zone was established. Section 4. By Local Law No. 1-2001, adopted on January 30, 2001, the Empire Zone was amended. Section 5. By Local Law No. 1-2003, adopted on February 27, 2003, the Empire Zone was amended. Section 6. It is the desire of this Legislature to authorize an application to revise the Empire Zone, to include 887.0789 acres located in Schuyler County and 13.65 acres located in Tompkins County. Section 7. The County of Schuyler is hereby authorized to submit an application to revise the Empire Zone to include the property described in Section 8 of this Local Law. Section 8. The boundary of the Empire Zone, as described in Local Law No. 12-2000, Local Law No. 1-2001, and Local Law No. 1-2003, shall be amended to include the properties generally described in Appendix A on file. Section 9. The Commissioner of the New York State Department of Economic Development is hereby requested to revise the boundaries of the Empire Zone in accordance with this Local Law. Section 10. In all other respects, Local Law No. 12-2000, Local Law No. 1-2001, and Local Law No. 1-2003, shall remain in full force and effect. Section 11. This Local Law shall take effect immediately subject to filing in the Office of the Secretary of State. VOTE: Passed 6-1. No: Bleiler. RESOLUTION NO. 140 Motion by Fagan, Second by Sluser. RE: RESOLUTION ENCOURAGING THE NEW YORK STATE FARM SERVICE AGENCY (FSA) COMMITTEE TO CONSIDER A BETTER ALTERNATIVE THAN TO COMBINE THE SCHUYLER/TOMPKINS OFFICE WITH CORTLAND COUNTY WHEREAS, agriculture in Schuyler County is very diverse and extremely important for local economic development (over $27 million in sales including wine production for an estimated $43 million total impact of agriculture on the local economy), and the maintenance of open space and scenic vistas, and WHEREAS, agriculture enhances and contributes to tourism, another major industry in Schuyler County, and WHEREAS, prices paid for agricultural commodities often fluctuate widely, and are often not under the farmers’ control, creating low financial returns as compared to other industries, and WHEREAS, farmers are dependent on weather conditions which can also fluctuate, and WHEREAS, the United States Department of Agriculture (USDA) Farm Service Agency (FSA) was created to assist farmers with programs to address market, weather and environmental problems, and WHEREAS, Schuyler County lost its county FSA office in 1995, and most Schuyler County farmers now need to travel to Ithaca to handle paperwork to ensure participation in FSA programs, and WHEREAS, the Schuyler County USDA Natural Resources Conservation Service (NRCS) office was moved to Ithaca to be co-located with FSA in a USDA Service Center, and provides technical assistance to FSA but was not informed of a possible move of FSA offices, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 48 WHEREAS, the possible separation of NRCS and FSA offices will make it more difficult for NRCS to provide technical services to farmers, and WHEREAS, the Schuyler County Soil and Water Conservation District (SWCD) assists FSA and NRCS with the implementation of the Conservation Reserve Program (CRP) and the Enhanced Conservation Reserve Program (CREP) and has found it most efficient to deal with one FSA office, and WHEREAS, it will take time for FSA services to become completely computerized and the distance that farmers need to travel to reach an FSA office can affect the level of participation in FSA programs. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature strongly encourages the New York State FSA Committee to come up with a better restructuring alternative than moving the office to Cortland County so that there is a more centralized office for all counties involved, and to work with the Farm Bureau, local affected agencies and with the Congressional officials for our area to find this solution for FSA restructuring so that Schuyler County farmers receive the best FSA services and access possible and that impacts on cooperating agencies be considered. VOTE: Passed 7-0. RESOLUTION NO. 141 Motion by Fagan, Second by Slusser. RE: APPOINTMENT TO THE SCHUYLER COUNTY PLANNING COMMISSION BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Keith Stanton representing the Town of Cayuta to the Planning Commission for the term January 1, 2004 through December 31, 2005: VOTE: Passed 7-0. RESOLUTION NO. 142 Motion by Bleiler, Second by Slusser. RE: RULES OF PROCEDURE MODIFICATION - ONE MONTH’S NOTICE WHEREAS, it is recommended to amend the Rules of Procedure of the Schuyler County Legislature to amend the general function of committee in the event that a County Administrator is put into place at some point in the future, and WHEREAS, this modification will not be implemented or take affect until the Legislature has completely reviewed the Policies and Procedures relative to the position of County Administrator. NOW, THEREFORE, BE IT RESOLVED, that notice of the following amendments to the County Legislature’s Rules of Procedure be hereby given pursuant to Rule 29 of said Rules of Procedure: RULE 22 COMMITTEES IN GENERAL: Paragraph 1 All committees shall aid in the performance of the powers and duties of the Legislature and if the county shall have an administrator, his or her relationship to the committees of the Legislature shall be in accordance with the general principles set forth herein. Paragraph 2 GENERAL EXERCISE OF JURISDICTION. Committees shall familiarize themselves with the subject matter over which jurisdiction has been conferred by the Rules of Procedure. Committees having an office or function overseen by them shall report any neglect of duty or failure to comply with rules and directions of the Legislature, to the full Legislature. They shall render advice and counsel on matters deemed helpful in the performance of the duties of the office or function. The County Administrator shall represent county employees before the Legislature and, so far as practical, every county officer and employee shall look to the County Administrator for that representation. However, nothing herein shall be construed to impinge upon employee union representation rights. Although the Legislature shall always be open for county officers and employees upon any matter involving the office or function, the committee shall represent them before the Legislature and so far as practical, every county officer and employee shall look to the committee for that representation. Criticism and recommendations of State departments or other official bodies shall be considered with the department head or officer by the Administrator. Matters referred to a special committee shall be considered and a report made thereon as soon as practical. These provisions shall not change or affect the legal relationship of the County Attorney to the Legislature; the County Attorney shall report to and be responsible to only the Legislature as required by County Law 500, et seq. Paragraph 3 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 49 Committees shall have general charge oversight of all matters pertaining to the work of this Legislature as indicated by the titles thereof, or as more specifically described as special duties therefore, each Committee shall supervise and have charge of appropriated expenditures. Any necessary transfer of funds within the same group of accounts (i.e. personal or equipment or contractual) shall be handled through a written memorandum from the Department Head to the County Treasurer with a copy to the respective Committee Chairperson.the County Administrator shall have day to day operational control of all county departmental matters, as distinguished from purely legislative matters which remain the exclusive province of the Legislature. “Oversight” shall mean guidance and review at the “general policy making level”. Each committee shall supervise appropriated expenditures; however, the County Administrator shall have charge thereof in the first instance. Transfer of funds not within the same group of accounts shall be handled by the County Administrator in consultation with the Department Head and the County Treasurer. The Department Head shall be responsible for notification of transfers prior to voucher submittal. Any other unappropriated account expenditure shall be referred by the department's Committee County Administrator, with its recommendation, to the Management and Finance Committee. The Management and Finance Committee shall, following financial review with the Treasurer's Office and County Administrator, shall make a final recommendation to the Legislature on such unappropriated expenditure. A department's request for unappropriated funds shall contain a reasonable estimate in writing for such expenditure. Any resolution approving an unappropriated expenditure shall contain the funding source (Res. No. 97 1983). Paragraph 14 Routine, regularly scheduled, recurring meetings with department heads will be solely the responsibility of the Administrator. Committees shall may meet with department heads on a regular basis, and at least quarterly, for discussion of department objectives and/or problems. and the County Administrator upon request of the department head, the Committee or the County Administrator for discussion of departmental objectives or problems. The County Administrator may attend such committee meetings as he in his discretion shall deem appropriate. Nothing herein shall be construed to require the attendance of the Administrator at all committee meetings. RULE 24 APPOINTMENTS TO OTHER THAN LEGISLATIVE STANDING AND SPECIAL COMMITTEES Paragraph 1 Appointments by the Legislature of a Legislator and/or member of the general public to a non legislative Committee or board shall be by the Chairman, with Legislative approval. The County Administrator shall not be appointed to advisory and/or public committee appointments without his consent. RULE 25 STANDING COMMITTEES OF THE LEGISLATURE: Paragraph 1 The following is a list of the standing committees of this Legislature together with a description of the areas of responsibility with which each is charged. These committees and their responsibilities are subject to change by resolution of this Legislature. At the beginning of each standing committee section, begin sentence with “Oversight, in coordination with the County Administrator, representation, and as appropriate, to make recommendations to the County Legislature in all matters relating to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, accounts, records or other matters related to the offices, departments and agencies listed below, including those specifically identified as follows: RULE 27 REFERRAL TO COMMITTEES: Matters requiring Committee attention shall be referred by the Chairman without motion to the appropriate Committee, or by the County Administrator in the ordinary course of business, unless otherwise ordered by the Legislature. RULE 31 “New Title” HANDLING COMPLAINTS RECEIVED BY LEGISLATORS Employees of Schuyler County strive to provide quality service to the residents of the County and others who ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 50 seek assistance in County offices. Even though every effort is made to maintain the high standards established, there are occasions when dissatisfaction occurs and a complaint is received regarding an employee. Such complaints shall be appropriate standing committee who will act in conjunction with the Personnel Officer/any legal counsel, mediate and resolve the complaint. Complaints regarding Schuyler County employees shall be referred to the County Administrator who will act in conjunction with the Human Resource Manager and legal counsel to mediate and resolve the complaint. The appropriate committee may become involved upon request by the County Administrator. The changes delineated represent an effort to strike the delicate balance between and among the functional components of County government and an Administrator without violating the Alternative Local Governments Law, making a grant of non-delegable legislative powers and without simply adding another layer of bureaucracy to the decision making process. RULE 32 “New Rule” COUNTY ADMINISTRATOR – CHAIN OF COMMAND The County Administrator shall report only to the Chairman of the Legislature and shall not be responsible to the numerous existing committees. Complaints regarding the County Administrator shall be directed to the Chairman of the Legislature for such further consultations on action as he may deem appropriate. DISCUSSION: Legislator Larison said he cannot support this Resolution. Legislator Bingell feels the legislators need to do their jobs, and estimates it will cost approximately $200,000 for salary, staff, equipment, etc. for an office of County Administrator. Adding two more employees is not reducing the size of county government. She feels the taxpayers elected legislators to do the job, not to put another layer into government and cost them more dollars. Legislator Slusser said as much as he would like to try to repute those arguments, this discussion is not about hiring an administrator. This just allows for the intent. Legislator Bingell agreed that this is not about hiring, but it changes the Rules of Procedure and includes the position in every paragraph. Legislator Fagan said he was ashamed last year to see the budget process commence as late as it did, and given continuing problems from the state on unfunded mandates and financial crunches, he feels extremely difficult decisions will have to be made. He feels this position would help the Legislature start work on the budget sooner and help them face decisions. Legislator Bingell feels the Budget Officer could be a number of other county officers, such as the Chairman of the Management and Finance Committee, the Chairman of the Legislature or the Treasurer. She feels there is no excuse not to have the budget work done in the Treasurer’s office and start the work now. Department heads are capable and eager to work with the process. VOTE: Passed 5-2. Noes: Larison, Bingell. RESOLUTION NO. 143 Motion by Bleiler, Second by Slusser. RE: RECOGNIZE MARCH AS NATIONAL COLORECTAL CANCER AWARENESS MONTH - PUBLIC HEALTH WHEREAS, beginning in March 2004 the fifth annual nationwide effort to educate the public that colorectal cancer is preventable, treatable and beatable, and WHEREAS, colorectal cancer screening cannot only detect the disease early, but also actually prevent the disease from ever developing. NOW, THEREFORE, BE IT RESOLVED, that this Legislature recognize March as national Colorectal Cancer Awareness Month for 2004. VOTE: 7-0. RESOLUTION NO. 144 Motion by Bleiler, Second by Slusser. RE: RECOGNIZE APRIL AS ALCOHOL AWARENESS MONTH – MENTAL HEALTH WHEREAS, the consumption of alcohol and other drugs often results in enormous personal, economic and social consequences for many individuals and communities, and WHEREAS, it is essential that a full range of appropriate and needed alcoholism and substance abuse treatment and prevention services remain available and accessible in the community, providing a continuum of quality programming in a cost-efficient and effective manner for addicted persons, family members and others at risk, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 51 WHEREAS, the efficacy of such treatment and prevention efforts in minimizing the financial and human costs of chemical abuse to communities is being increasingly recognized throughout the country. NOW, THEREFORE, BE IT RESOLVED, that this Legislature extends its recognition and appreciation to all the staff at the Finger Lakes Addictions Counseling and Referral Agency and the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc. for the important and dedicated services they provide, and BE IT FURTHER RESOLVED, that this Legislature recognizes April as Alcohol Awareness Month for 2004. VOTE: Passed 7-0. RESOLUTION NO. 145 Motion by Yuhasz, Second by Bingell. RE: RECOGNIZE APRIL AS NATIONAL STD AWARENESS MONTH - PUBLIC HEALTH WHEREAS, Americans of every age, race, religious and cultural background and socioeconomic status are affected by sexually transmitted diseases, and WHEREAS, there are approximately 15.3 million cases of STDs diagnosed every year in the United States. NOW, THEREFORE, BE IT RESOLVED, that this Legislature recognize April as National STD Awareness Month for 2004. VOTE: Passed 7-0. RESOLUTION NO. 146 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE APPOINTMENTS TO THE COMMUNITY SERVICES BOARD AND ALCOHOL SUBCOMMITTEE - COMMUNITY SERVICES WHEREAS, the Community Services Board has passed a resolution to increase their membership from nine to fifteen (15) in accordance with OMH regulations, and WHEREAS, the increased membership will allow inclusion of consumers and family members, and WHEREAS, the Community Services Board has 2 vacancies, and WHEREAS, members of the Community Services Board are invited to sit on a subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Doris Karius to the Community Services Board for the term February 9, 2004 through December 31, 2006 and the Alcohol Subcommittee for the term February 9, 2004 through December 31, 2007. VOTE: Passed 7-0. RESOLUTION NO. 147 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE EMPLOYEE ASSISTANCE PROGRAM (EAP) FOR EMPLOYEES OF SCHUYLER COUNTY - COMMUNITY SERVICES WHEREAS, Schuyler County does not provide an Employee Assistance Program for its workforce, and WHEREAS, Community Services and Public Health have the expertise and goal of providing screening, referral and counseling services to community residents, and WHEREAS, it is known that Employee Assistance Programs have been noted to improve employee productivity and reduce lost work time and employee turnover. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature authorizes the provision of referral, screening and counseling services to the employees of Schuyler County and their immediate families (non-adult children) through an Employee Assistance Program (EAP) operated under the Community Services Board through December 31, 2004, effective immediately, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 148 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH SCHUYLER COUNTY CHILD CARE COORDINATING COUNCIL - PUBLIC HEALTH WHEREAS, the Schuyler County Child Care Coordinating Council is in need of skilled nursing services for training and consulting purposes for their child care programs, and WHEREAS, the Schuyler County Public Health Department is able to provide the needed services, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 52 WHEREAS, the Schuyler County Child Care Coordinating Council will reimburse the Public Health Department for services provided from March 1, 2004 through September 30, 2004, in the following amount: 1. A flat rate of $8,192.00 for consultation services, and 2. A flat rate of $400 per training session for one instructor or $750 per training session for two instructors providing Medication Administration training for child care providers. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to enter into a contract with Schuyler County Child Care Coordinating Council from March 1, 2004 through September 30, 2004, to be renewed annually by September 30th of each calendar year, for the Public Health Department to provide skilled nursing services for the purpose of consultation and training, at the above stated rates, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 149 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE APPROVAL OF THE LEAD POISONING PREVENTION PROGRAM 2004–2005 – PUBLIC HEALTH WHEREAS, Schuyler County’s new Lead Grant will be for $25,000 effective April 1, 2004 through March 31, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2004-2005 Lead Grant budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION $13,981 4010.100-4003 Personal Service 1,000 4010.200-4003 Computer Equipment 1,682 4010.400-4003 Contractual 2,500 4010.446-4003 MILR 4,837 4010.489-4003 Fringe Benefits 1,000 4010.579-4003 Lead Testing 25,000 4010-4401-4003 Revenue, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 150 Motion by Bingell, Second by Yuhasz. RE: ESTABLISH 2004–2005 IMMUNIZATION GRANT BUDGET – PUBLIC HEALTH WHEREAS, Schuyler County’s new immunization grant will be $18,000 from April 1, 2004 through March 31, 2005, and WHEREAS, this grant is 100% State funded. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2004–2005 Immunization Grant budget as follows: AMOUNT ACCOUNT DESCRIPTION $10,894 4010.100-4095 Personnel $ 3,606 4010.489-4095 Fringe Benefits $ 1,000 4010.400-4095 Contractual $ 2,500 4010.446-4095 Maintenance in Lieu of Rent $18,000 TOTAL EXPENSES $18,000 4010.3401-4095 Grant Revenue, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 151 Motion by Bingell, Second by Fagan. RE: AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY EMERGENCY MANAGEMENT OFFICE – PUBLIC HEALTH ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 53 WHEREAS, bioterrorism planning continues to be required by the New York State Department of Health, and WHEREAS, the Schuyler County Emergency Management Office is able to provide services as required as part of the bioterrorism plan in conjunction with Department of Health requirements. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the Schuyler County Emergency Management Office, effective September 1, 2003 through August 31, 2004, at an amount not to exceed $10,000, funds available in the Public Health Bioterrorism Grant budget, account no. 4010.400-4028, with no local share cost; subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 152 Motion by Bingell, Second by Fagan. RE: AUTHORIZATION FOR CONTRACT STAFF TO ATTEND TRAINING - PUBLIC HEALTH WHEREAS, the Certified Home Health Agency is required to keep current with the Centers for Medicare and Medicaid Services’ (CMS) regulations, and WHEREAS, there is presently a new quality improvement initiative and requirements for the home health agency, and WHEREAS, the Island Peer Review Organization (IPRO) will be providing regional training for direct care staff on this initiative in Rochester, New York on March 23, 2004, it is desirous to send a nurse to this training to return and provide the training to the rest of the home health staff, and WHEREAS, the direct care staff is contractual and the contract with Schuyler Hospital specifies the County is “responsible to provide training and orientation to new or revised Federal, State, or County requirements”. NOW, THEREFORE, BE IT RESOLVED, that this legislature approves the cost of the training for a contractual employee to attend this training, in an amount not to exceed $25.00, the funds being available in the Public Health 2004 Budget, account no. 4010.490. VOTE: Passed 7-0. RESOLUTION NO. 153 Motion by Bingell, Second by Fagan. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – INDEPENDENDT BAPTIST CAMP - TOWN OF TYRONE 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 49.07-2-23 and 49.07-2-24 owned by the Independent Baptist Camp in the Town of Tyrone, and WHEREAS, the property is owned by a religious organization that is exempt from taxation and special advalorem levies and special assessments pursuant to RPTL Section 420-a, and WHEREAS, the 2004 tax bills for these parcels include charges for the lakes improvement district, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that inclusion of these charges on the tax exempt properties constitutes an unlawful entry as defined in RPTL Section 550(7)a, and WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee to approve the application. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due as outlined below, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Tyrone. Parcel District Charge Corrected Charge 49.07-2-23 Lamoka Dist 1 $ 90.19 $0 49.07-2-24 Lamoka Dist 2 $119.95 $0 Total $210.14 $0 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 54 VOTE: Passed 7-0. RESOLUTION NO. 154 Motion by Larison, Second by Yuhasz. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – GOLTRY - TOWN OF READING 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 41.-3-23, owned by Ellen Goltry in the Town of Reading, and WHEREAS, the property owner applied for and was entitled to receive an agricultural land exemption in the amount of $5,192 resulting in an agricultural land ceiling assessment of $808, 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 to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due as outlined below, and that a corrected bill be issued to the property owner reflecting the corrected amount due, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Reading. 2004 Taxable Corrected Corrected Purpose Values Tax Taxables Tax County Services $ 6,000 $ 41.55 $ 808 $ 5.60 Medicaid - Local Share $ 6,000 $ 26.57 $ 808 $ 3.58 Town Tax $ 6,000 $ 14.49 $ 808 $ 1.95 Reading Fire District $ 6,000 $ 4.40 $ 808 $ .59 Total Tax Due $ 87.01 $ 11.72 VOTE: Passed 7-0. RESOLUTION NO. 155 Motion by Larison, Second by Yuhasz. RE: RESOLUTION URGING PASSAGE OF ASSEMBLY BILL A.01757 AND SENATE BILL S.675 BY THE NEW YORK STATE LEGISLATURE WHEREAS, Assembly Bill A.01757 and Senate Bill S.675, a concurrent resolution of the New York State Assembly and Senate proposing amendments to Article 9 of the New York State Constitution in relation to prohibiting unfunded mandates, has been introduced in both houses of the New York State Legislature, and WHEREAS, in his 2004 budget address to the New York State Legislature, Governor George E. Pataki stated that a constitutional amendment should be passed to stop any further unfunded mandates on local governments in New York State, and WHEREAS, this legislation would make compliance with new State mandates, once determined to be unfunded voluntary for local governments, school districts, special districts, or any agency, authority, commission, department or instrumentality thereof, and WHEREAS, an unfunded mandate is defined in the bill as a provision of law that requires affected local jurisdictions, in the statewide aggregate, to spend more money to provide services, and WHEREAS, unfunded mandates shift the responsibility and the cost of carrying out programs from the Sate to local governments, and as a result, local jurisdictions are forced to cut existing services or to raise property tax levies to cover the addition requirements of these mandates, and WHEREAS, savings to local governments are expected to be potentially enormous as a result of the passage and implementation of this proposed legislation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby urges the New York State Assembly and Senate to approve Assembly Bill A.01757 and Senate Bill S.675, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall forward copies of this Resolution to George H. Winner, Jr., Senator John R. Kuhl, Jr., Governor George E. Pataki, New York State Assembly Speaker Sheldon Silver and New York State Senate Majority Leader Joseph L. Bruno, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 55 BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall also forward this Resolution to the Clerks of all other county legislatures throughout New York State. VOTE: Passed 7-0. RESOLUTION NO. 156 Motion by Larison, Second by Slusser. RE: MOTION TO BRING ONE RESOLUTION TO THE FLOOR BE IT RESOLVED, that one Resolution be brought to the floor. VOTE: Passed 7-0. RESOLUTION NO. 157 Motion by Slusser, Second by Bleiler. RE: AUTHORIZE FILLING VACANT COORDINATOR OF SERVICES POSITION – OFFICE FOR THE AGING WHEREAS, Resolution No. 439-03 requires a resolution to fill any and all vacancies, and WHEREAS, the Schuyler County Office for the Aging as a vital part of its mission is to provide services under Title III, V, VII of the Older Americans Act as well as under the Long Term Care Ombudsman, HEAP, HIICAP, and Respite to residents of Schuyler County who are sixty years and older, and WHEREAS, the previous Coordinator of Services for the Office for the Aging resigned in November of 2003 and at that time the Human Services Committee of the Legislature of Schuyler County authorized the hiring of another Coordinator, and WHEREAS, it is required that the Schuyler County Legislature re-authorize this hire because it has been over ninety (90) days since such authorization was granted and the list of eligible candidates who have passed the Civil Service test must be recertified before an offer of employment can be extended, and WHEREAS, funds for the payment for this position have already been budgeted and provided for by above mentioned statutes. NOW, THEREFORE, BE IT RESOLVED, that the Director of the Office of the Aging be hereby authorized to fill the vacant, Coordinator of Services position at an hourly rate of $15.38, effective immediately. VOTE: Passed 7-0. NEW BUSINESS: Legislator Bleiler noted that there are two dairy farms that have created a specialty cheese. One farm’s plan to do this included buying equipment from the Netherlands and hiring a person to help run and train them on the equipment. This person was given a waiver to come to the United States for this project and delays have caused the waiver to run out. The immigration service is dragging their feet in approving the visa. He would like the Legislature to write a letter to send to all representatives in the house and senate and the Chairman of the Committee on Immigration to request that they look favorably on this visa, not only to this one farm, but to all farms in Schuyler County. MOTION by Legislator Bleiler, SECOND by Legislator Bingell, to have the Acting Chairman sign a letter to all representatives in regards to the above mentioned. Motion carried seven ayes to zero noes. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Bingell reported on the Public Works Committee. The Highway Superintendent will be attending the 2004 State Superintendents Association’s Winter Conference along with other municipality representatives on March 9th and 10th. Legislator Bleiler reported on the Human Services Committee. The Youth Program Coordinator visited Albany with the youth recently. The youth spoke to Senator Kuhl and Winner advocating for youth employment and youth court funding in the state budget. Legislator Larison reported on the Public Safety/Criminal Justice Committee. He informed the Board that the Sheriff’s budget for boarding Schuyler County inmates may go over this year because our jail continues to be full. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:33 P.M. Stacy B. Husted, Deputy Clerk ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 56 REGULAR MEETING APRIL 12, 2004 The April 12, 2004 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except Legislators Yuhasz and Slusser who were excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Patricia Hastings commended the Legislature on their hard work and asked that they continue to work hard so as to not raise taxes. 6:55 P.M. – ANNUAL PRESENTATION BY CORNING COMMUNITY COLLEGE (CCC): Patricia Hastings introduced Legislator Dennis Fagan to the CCC Board members present. President Amann said they usually visit local governments annually to discuss CCC’s budget and capital projects. He introduced Tom Carr who discussed budgetary concerns. Mr. Carr distributed a budget document (on file), which included the current budget status and an economic impact study with a few details on the Elmira Branch Campus. He read from the handout. Mr. Carr stated that they are also asking for the $100 increase per full-time equivalent student in capital chargebacks again. He explained that with the decline in enrollment, there should be some funds left over to absorb this request. This increase helps them leverage the rates from other counties. They are looking for some equity and fairness as they are the only community college in the state that does not receive $300 for the capital chargeback. Dr. Amann then discussed the socioeconomic benefits of Corning Community College as set forth in the handout. He then introduced Joan Ballinger to discuss the Elmira Campus project. Ms. Ballinger explained that there was a study done on how much of the workforce has attended college. The Welfare to Work Program had 52 individuals from Schuyler County attend. She gave some statistics. Mr. Carr explained the financial plan for the proposed Elmira Branch Campus. He wanted it known that the capital chargebacks are not included in this facility expense. They anticipate to break even the first year. They thanked the Legislature for allowing them to come tonight to make this presentation. Legislator Bleiler said the $200 present capital chargeback is to take care of maintenance, and asked what the increase will provide for. Mr. Carr explained that the increase would enable them to get to some of the critical maintenance of Phase I of the Master Plan. Patricia Hastings talked about the Legislature in Chemung County and how they have given the financial responsibility of CCC to the towns. She explained some of the difficulties and frustrations with that arrangement. Dr. Amann announced that the next Board of Trustees meeting will be held on May 18, 2004 in Schuyler County. Their goal is to hold future meetings all over the area such as Hornell, Bath, Elmira, etc. Legislator Fagan asked about the local economy and how it affects the enrollment. Dr. Amann explained that when there are layoffs, enrollment increases, which seems backwards to him. Another issue is that the local population is getting older and the high school classes are shrinking. CCC currently has seventeen sites now, and their fastest growing areas are the ACE Program in the high schools and the courses offered on the Internet. He noted that the main CCC plant on Spencer Hill was built in the 1960’s and is old and in need of improvements. There are no plans for any new construction, just repairs. Judge Ellison stated that the trustees will make sure the funding for the new college campus in Elmira will come from the Elmira area, not other counties. 7:25 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2004 AMENDING LOCAL LAW NO. 1 OF 2003 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE): Patricia Hastings feels this is a great idea and will be very helpful to Tompkins County and to the workforce. RESOLUTION NO. 158 Motion by Bingell, Second by Larison. RE: APPROVE MINUTES OF THE JANUARY 5, 2004 ORGANIZATIONAL MEETING, THE JANUARY 7, 2004 SPECIAL MEETING, THE JANUARY 12, 2004 REGULAR MEETING, THE JANUARY 30, 2004 SPECIAL MEETING, THE FEBRUARY 9, 2004 REGULAR MEETING, THE FEBRUARY 20, 2004 SPECIAL MEETING, THE MARCH 3, 2004 SPECIAL MEETING AND THE MARCH 8, 2004 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 57 BE IT RESOLVED, that the minutes of the January 5, 2004 Organizational Meeting, the January 7, 2004 Special Meeting, the January 12, 2004 Regular Meeting, the January 30, 2004 Special Meeting, the February 9, 2004 Regular Meeting, the February 20, 2004 Special Meeting, the March 3, 2004 Special Meeting and the March 8, 2004 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 6-0. WITHDRAWN RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2004 AMENDING LOCAL LAW NO. 1 OF 2003 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) - WITHDRAWN WHEREAS, a proposed Local Law amending Local Law No. 1 of 2003 to revise an Empire Zone (Formerly Known as an Economic Development Zone) was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held April 12, 2004 at 7:00 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. 2 of the Year 2004, 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 2004, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2004 BE IT ENACTED, by the Schuyler County Legislature, as follows: Section 1. By Local Law No. 1-2003, this Legislature authorized an application for the designation of an Empire Zone relative to certain land within Schuyler County Empire Zone. Section 2. That the County of Schuyler has received Empire Zone approval from New York State. Section 3. By Local Law No. 12-2000, adopted on November 15, 2000, the Empire Zone was established. Section 4. By Local Law No. 1-2001, adopted on January 30, 2001, the Empire Zone was amended. Section 5. By Local Law No. 1-2003, adopted on February 27, 2003, the Empire Zone was amended. Section 6. It is the desire of this Legislature to authorize an application to revise the Empire Zone, to include 887.0789 acres located in Schuyler County and 13.65 acres located in Tompkins County. Section 7. The County of Schuyler is hereby authorized to submit an application to revise the Empire Zone to include the property described in Section 8 of this Local Law. Section 8. The boundary of the Empire Zone, as described in Local Law No. 12-2000, Local Law No. 1-2001, and Local Law No. 1-2003, shall be amended to include the properties generally described in Appendix A on file. Section 9. The Commissioner of the New York State Department of Economic Development is hereby requested to revise the boundaries of the Empire Zone in accordance with this Local Law. Section 10. In all other respects, Local Law No. 12-2000, Local Law No. 1-2001, and Local Law No. 1-2003, shall remain in full force and effect. Section 11. This Local Law shall take effect immediately subject to filing in the Office of the Secretary of State. RESOLUTION NO. 159 Motion by Bingell, Second by Larison. RE: AUTHORIZE DEVELOPMENT OF A FREE MEDICAL CLINIC IN SCHUYLER COUNTY - HEALTH SERVICES ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 58 WHEREAS, there are residents of Schuyler who have no access to basic medical services other than the emergency room, and WHEREAS, basic medical services provided in medical emergency rooms is neither effective or cost efficient, and WHEREAS, there is a need for accessible medical services for those who do not fit in existing programs, and WHEREAS, the provision of basic medical services can prevent future catastrophic events, can lower the local cost of indigent care and improve the quality of life of local residents, and WHEREAS, providing medical services now could lower the Medicaid costs in the future. NOW, THEREFORE, BE IT RESOLVED, that this Legislature supports basic medical services, which can be provided by county departments to the extent that it does not interfere with existing services, in a free medical clinic to be held in the clinic rooms at Mill Creek Center on a periodic basis, at a time mutually agreed upon by the parties involved, subject to the approval of the County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 160 Motion by Bingell, Second by Larison. RE: AUTHORIZE DEPARTMENT NAME CHANGE - PUBLIC HEALTH AND COMMUNITY SERVICES WHEREAS, the Public Health department shares administration and fiscal functions with the Community Services Department, and WHEREAS, the two departments wish to be known as Schuyler County Health Services, and WHEREAS, the New York State Department of Health requires a resolution authorizing the same before they will approve the name change. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the change of name for the Public Health and Community Services Departments to Schuyler County Health Services. VOTE: Passed 6-0. RESOLUTION NO. 161 Motion by Bingell, Second by Larison. RE: AUTHORIZE AGREEMENT WITH CATHOLIC FAMILY CENTER’S EMPLOYEE ASSISTANCE PROGRAM (EAP) OF ROCHESTER TO PROVIDE MENTAL HEALTH SERVICES – COMMUNITY SERVICES WHEREAS, Catholic Family Center’s EAP of Rochester provides employee assistance program services to employers who have employees residing in Schuyler County, and WHEREAS, Catholic Family Center’s EAP of Rochester is in need of clinicians experienced in providing assessment and referral services to Schuyler County residents enrolled in their employee assistance programs, and WHEREAS, the Mental Health Clinic is able to provide the needed services to residents of Schuyler County who are referred by the EAP of Rochester. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Catholic Family Center’s EAP of Rochester, for the Mental Health Clinic to provide clinicians for assessment and referral services, to be reimbursed at the rate of $60.00 per visit, effective March 1, 2004 through December 31, 2004, subject to approval by the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 162 Motion by Bingell, Second by Larison. RE: RECOGNIZE MAY AS MENTAL HEALTH MONTH - COMMUNITY SERVICES WHEREAS, Schuyler County Mental Health Clinic provides Outpatient Mental Health Services, including Children and Adult Case Management Services, and WHEREAS, mental health is essential to everyone’s overall health and well-being, and WHEREAS, mental health problems do not discriminate between race, creed, age limit or economic status, and WHEREAS, untreated or under treated mental illness costs public and private employers billions of dollars annually through absenteeism, turnover, low productivity and increased medical costs, and WHEREAS, Elmira Center provides a Socialization Program, Intensive Case Management Services, and Intensive Rehabilitation Treatment to adults in Schuyler County, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 59 WHEREAS, Gateways provides Community Residence Program, Supportive Apartments, Intensive Supportive Apartments and Independent Living Apartments for mentally impaired individuals of Schuyler County, and WHEREAS, Pathways, Inc. provides respite services for children and youth and operates the REACH Family Based Treatment Program, and WHEREAS, the Schuyler County Mental Health Association actively promotes education and other activity in support of mental health programs, and WHEREAS, the Community Services Board and the Mental Health Subcommittee of the Community Services Board are responsible for mental health programming and services in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognize May as Mental Health Month and offers its support and encouragement to all consumers, clients and their families, and local service providers as they work together to overcome and manage disabilities and achieve and maintain the highest level of participation in our community. VOTE: Passed 6-0. RESOLUTION NO. 163 Motion by Bingell, Second by Bleiler. RE: RECOGNIZE MAY AS NATIONAL HIGH BLOOD PRESSURE EDUCATION MONTH - PUBLIC HEALTH WHEREAS, the high blood pressure increases your chance or risk for getting heart disease, and / or kidney disease, as well as having a stroke, and WHEREAS, regardless of race, age or gender anyone can develop high blood pressure, and WHEREAS, it is estimated that one in every four American adults has high blood pressure, and WHEREAS, once high blood pressure develops, it usually lasts a lifetime, and WHEREAS, maintaining a healthy weight, being physically active, following a healthy eating plan, reducing sodium in your diet, drinking alcohol only in moderation and taking prescribed drugs as directed can help prevent or control high blood pressure. NOW, THEREFORE, BE IT RESOLVED, that this Legislature encourages the community, civic and faith- based organizations, hospital outreach program, public health departments and workplaces to take action and renew activities to prevent and control high blood pressure and recognizes May to be National High Blood Pressure Education Month. VOTE: Passed 6-0. RESOLUTION NO. 164 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE THE BUILDINGS AND GROUNDS AND HIGHWAY DEPARTMENTS TO MAKE APPROPRIATE IMPROVEMENTS TO THE ACCESS TO SENECA HARBOR PARK WHEREAS, the proposed development of parking and green space on Seneca Harbor Park property located south of the railroad tracks is not progressing, and WHEREAS, summer traffic across this section of park land is significant, and WHEREAS, the property has the liability of many pot holes. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Buildings and Grounds and Highway Department be directed to reduce the above-mentioned liability by making appropriate improvements out of the 2004 budget to said property. VOTE: Passed 6-0. RESOLUTION NO. 165 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR THE HIGHWAY DEPARTMENT FOR 2004 WHEREAS, in accordance with Section 103 of General Municipal Law, all purchase contracts involving an expenditure of more than $10,000 and all contracts for public works involving an expenditure of more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this section. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 60 NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for materials and supplies for 2004 and/or participate with the State of New York in its bids, and BE IT FURTHER RESOLVED, that, as in the past, the Towns and Villages of Schuyler County so authorized by County Resolution be allowed to participate in said bids. VOTE: Passed 6-0. RESOLUTION NO. 166 Motion by Bingell, Second by Larison. RE: AUTHORIZE EXTENSION OF BIDS FOR CERTAIN MATERIALS – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee recommend that the Legislature exercise the first year of a two-year contract renewal option for certain material bids, and WHEREAS, the successful 2003 bidders have agreed in writing to extend their original agreement under the same terms and conditions. The contract period shall be April 1, 2004 through March 31, 2005. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature extends the 2003 bids for the following highway department materials: Tree Service Tires Ready-Mix Concrete, Concrete Retaining Wall Blocks Pavement Markings Crushed Stone (Limestone) Crushed Gravel Ice Control Sand Cold Mix Stock Pile Patching Material Bituminous Concrete Asphalt Asphalt Emulsions VOTE: Passed 6-0. RESOLUTION NO. 167 Motion by Bingell, Second by Larison. RE: AUTHORIZE GRANT APPLICATION FOR THE EMERGENCY MANAGEMENT PERFORMANCE GRANT – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for assistance under the Emergency Management Performance Grant for Federal Fiscal Year 2004 (FFY04), and WHEREAS, this grant provides matching funds to offset current budgeted expenses for certain personnel and administrative functions associated with our local emergency management program, and WHEREAS, the tentative FFY04 allocation for Schuyler County under this planning program is $8,439. 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: Passed 6-0. RESOLUTION NO. 168 Motion by Karius, Second by Larison. RE: AUTHORIZE THE ELMINATION OF ONE FULL-TIME DISPATCHER POSITION AND THE CREATION OF ONE FULL-TIME CORRECTIONS OFFICER POSITION – SHERIFF’S DEPARTMENT WHEREAS, an additional full-time Corrections Officer position is needed in the communications center instead of a full-time Dispatcher to comply with Commission of Correction requirements, and WHEREAS, this position will be able to perform the duties of both Dispatcher and Correction Officer. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to create and fill one full-time Corrections Officer position for the dispatch center at an hourly rate of $13.27, effective immediately, and BE IT FURTHER RESOLVED, that one full-time Dispatcher position be eliminated effective immediately. VOTE: Passed 6-0. RESOLUTION NO. 169 Motion by Karius, Second by Larison. RE: RESOLUTION IN OPPOSITION TO GOVERNOR GEORGE PATAKI’S EXECUTIVE BUDGET PROPOSAL TARGETING GUN OWNERS ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 61 WHEREAS, in an attempt to generate revenue and close the state’s enormous budget cap, Governor George Pataki has included in his Executive Budget a proposal that targets, and seeks to profit from, law- abiding gun owners, and WHEREAS, the provision in budget bills S.6056/A.9556 will require handgun licensees to pay a $100 certification fee to the state and institute a five-year expiration period for licenses (currently most jurisdictions issue lifetime licenses), and charge a fee of $25 for each handgun owned, and WHEREAS, this proposal would remove the caps on local processing fees, which means fees can be expected to climb, and WHEREAS, removing the caps on local processing fees could price gun owners, sportsmen, and collectors out of the market in many jurisdictions, and WHEREAS, instead of directly banning handguns, this proposal would simply make it too expensive to legally own handguns, and WHEREAS, this provision would revoke all existing lifetime handgun licenses. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature opposes the above proposal in Executive Budget S.6056/A.9556, and BE IT FURTHER RESOLVED, that the Clerk of Legislature is directed to transmit a certified copy of this Resolution to Governor George Pataki, Joseph Bruno, Speaker Pro Tem and Majority Leader of the New York State Senate, Sheldon Silver, Speaker of the New York State Assembly, Senator John R. Kuhl, Jr., George H. Winner, Jr., and all others deemed necessary and proper. VOTE: Passed 6-0. RESOLUTION NO. 170 Motion by Karius, Second by Larison. RE: APPOINTMENT – ECONOMIC OPPORTUNITY PROGRAM (EOP) BOARD OF DIRECTORS WHEREAS, a vacancy has been created on the EOP Board of Directors by the resignation of Legislator Delmar F. Bleiler. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Legislator Sharon S. Bingell to the EOP Board of Directors for the term January 1, 2004 through December 31, 2005. VOTE: Passed 6-0. RESOLUTION NO. 171 Motion by Larison, Second by Bingell. RE: RESOLUTION OF SUPPORT FOR THE ELIMINATION OF THE SUNSET PROVISIONS OF THE LOCAL GOVERNMENT MANAGEMENT IMPROVEMENT FUND (LGRMIF) AND THE CULTURAL EDUCATION FUND (CEF) WHEREAS, the Local Government Records Management Improvement Fund (LGRMIF) was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York’s more than 4300 local governments, and WHEREAS, the closely related Documentary Heritage Program (DHP) for grants and technical assistance to non-governmental historical records repositories also is supported by the LGRMIF, and WHEREAS, a sunset date for the LGRMIF was established in the original legislation to permit its operation as a five-year experiment, and WHEREAS, the New York State Legislature since 1995 twice has extended the sunset date, most recently to December 31, 2005, and WHEREAS, the LGRMIF has effectively supported essential advisory services and 6,300 grants totaling over $113 million to improve the management of records for over half of all NYS local governments, and WHEREAS, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments at no cost to the taxpayers, and WHEREAS, Schuyler County has benefited from technical assistance, training, publications and approximately 12 grants totaling over $250,000, supported by the LGRMIF, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 62 WHEREAS, the State Legislature created the closely-related Cultural Education Fund (CEF to support the New York State Archives, New York State Library and New York State Museum on behalf of all New Yorkers, and the Office for Public Broadcasting, and provided the CEF with an identical sunset date, and WHEREAS, the LGRMIF and the CEF continue to be critically important in the fulfillment of the many records and information related responsibilities of Schuyler County, and to the cultural and scientific needs of the people of New York State. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports the elimination of said sunset provisions in order to make the LGRMIF and the CEF permanent. VOTE: Passed 6-0. RESOLUTION NO. 172 Motion by Larison, Second by Bingell. RE: RESOLUTION SUPPORTING LEGISLATION TO ESTABLISH AN AG OPPORTUNITY ZONE WHEREAS, New York State is home to more than 38,000 farms encompassing about 7.8 million acres of cropland, pasture and woodlands, and employing over 425,000 people with significant direct and indirect economic benefits, and WHEREAS, Schuyler County is home to a broad base of agriculture with a market value of products of $14.1 million, with 395 farms covering 69,900 acres, which is 34 percent of the land area in the county, and WHEREAS, Schuyler County’s leading agricultural commodity is dairying, which has recently seen cheeses and other value added dairy products, huge growth in vineyards and grapes contributing to the wine industry, nearly $2 million of value in fruit crops, 118,600 acres of northern hardwood timberland, and many other diverse agricultural enterprises and processing, and WHEREAS, New York State has created the Empire Zone program to encourage economic development, job creation, and business expansion, in selected municipalities across the State, and WHEREAS, Schuyler County, as an eligible municipality, received designation of an Empire Zone in 2002, and WHEREAS, Schuyler County has successfully administered the Schuyler County Empire Zone, and WHEREAS, Schuyler County would benefit from an Ag Opportunity Zone. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports Senate Bill S.1163 and companion Assembly Bill A.2083, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature supports the need for an Ag Opportunity Zone in Schuyler County and has the staff to implement the program, and BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to Senator John R. Kuhl, Assembly member George H. Winner, Jr., and Empire State Development. VOTE: Passed 6-0. RESOLUTION NO. 173 Motion by Larison, Second by Bingell. RE: AUTHORIZE FILLING THE NUTRITION SERVICES COORDINATOR POSITION - OFFICE FOR THE AGING WHEREAS, the previous Nutrition Services Coordinator resigned from his position on March 29, 2004, and WHEREAS, Resolution No. 439-03 requires a resolution to fill any and all vacancies, and WHEREAS, the Nutrition Services Coordinator is a mandated and required position by NYS Office for the Aging in order to operate a nutritional program, and WHEREAS, funds for the payment of this position have previously been budgeted and provided for by Title III B of the Older Americans Act, NYS Supplemental Nutritional Assistance Program, and the Schuyler County Budget. NOW, THEREFORE, BE IT RESOLVED, that the Office of the Aging Director is authorized to hire a new Nutrition Services Coordinator, effective immediately, in grade level XXII at an hourly rate of $15.38, to fill the vacancy recently created by resignation. VOTE: Passed 6-0. RESOLUTION NO. 174 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS TO PAY FOR INSURANCE – CENTRAL GARAGE ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 63 WHEREAS, in drawing up the budget for Central Garage, the account for insurance was inadvertently eliminated, and WHEREAS, there is excess money in the Vehicle account no. 1640.204 and, WHEREAS, there is an immediate need to pay the insurance premium for Central Garage. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to create an insurance account number 1640.528-Insurance, and BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to transfer $1,223.00 from the Vehicle account no. 1640.204 to the Insurance account no. 1640.528. VOTE: Passed 6-0. RESOLUTION NO. 175 Motion by Bingell, Second by Larison. RE: RECOGNIZE MAY 6-12, 2004 AS NATIONAL NURSES WEEK WHEREAS, the nearly 2.7 million registered nurses in the United States comprise our nation’s largest health care profession, and the depth and breadth of the registered nursing profession meets the different and emerging health care needs of the American population in a wide range of settings, and WHEREAS, professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients, and the demands for registered nursing services will be greater than ever because of the aging of the American population, the continuing expansion of life-sustaining technology, and the explosive growth of home health care services. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature ask all residents of Schuyler County to join them in honoring the registered nurses who care for all of us, and BE IT FURTHER RESOLVED, that the residents of Schuyler County celebrate registered nursing’s accomplishments and efforts to improve our health care system and show our appreciation for the nation’s registered nurses not just during this week, but at every opportunity throughout the year. VOTE: Passed 6-0. RESOLUTION NO. 176 Motion by Bingell, Second by Larison. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN TO CHANGE TITLE AND GRADE LEVEL OF PERSONNEL ASSISTANT AND SET SALARY ACCORDINGLY – AS AMENDED BY RESOLUTION NO. 96-05 WHEREAS, the Clerk to the Legislature/Human Resources Manager has carefully reviewed the job specification of the Personnel Assistant, and WHEREAS, since the division of the civil service and human resources responsibilities, the Personnel Assistant’s job duties have changed with more emphasis on administration of all benefits and office management, and WHEREAS, it is the recommendation of the Clerk to the Legislature/Human Resources Manager that the Personnel Assistant title change to Human Resources Administrator-Benefits Manager for the efficient operation of the Human Resources Office and to more appropriately reflect the job responsibilities. NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the following change in the title and grade level of the Personnel Assistant position: I Accountability 84 II Complexity of Duties 98 III Independent Judgment 96 IV Impact of program 60 V Scope of contacts 64 VI Supervision 30 VII Education & Experience 60 TOTAL 492 = Grade Level E, and BE IT FURTHER RESOLVED, that the salary of the incumbent be increased from $30,145 to $37,000 based on the incumbent’s qualifications, and BE IT FURTHER RESOVLED, that these changes become effective January 1, 2005. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 64 VOTE: Passed 6-0. WITHDRAWN RE: RULES OF PROCEDURE MODIFICATION - WITHDRAWN WHEREAS, notice of modification of the County Legislature’s Rules of Procedure was given in accordance with Rule 29. NOW, THEREFORE, BE IT RESOLVED, that the County Legislature=s Rules of Procedure be modified effective upon the implementation of a County Administrator Office, and following the Legislature’s review of the Policies and Procedures relative to the position of County Administrator. RULE 22 COMMITTEES IN GENERAL: Paragraph 1 All committees shall aid in the performance of the powers and duties of the Legislature and if the county shall have an administrator, his or her relationship to the committees of the Legislature shall be in accordance with the general principles set forth herein. Paragraph 2 GENERAL EXERCISE OF JURISDICTION. Committees shall familiarize themselves with the subject matter over which jurisdiction has been conferred by the Rules of Procedure. Committees having an office or function overseen by them shall report any neglect of duty or failure to comply with rules and directions of the Legislature, to the full Legislature. They shall render advice and counsel on matters deemed helpful in the performance of the duties of the office or function. The County Administrator shall represent county employees before the Legislature and, so far as practical, every county officer and employee shall look to the County Administrator for that representation. However, nothing herein shall be construed to impinge upon employee union representation rights. Although the Legislature shall always be open for county officers and employees upon any matter involving the office or function, the committee shall represent them before the Legislature and so far as practical, every county officer and employee shall look to the committee for that representation. Criticism and recommendations of State departments or other official bodies shall be considered with the department head or officer by the Administrator. Matters referred to a special committee shall be considered and a report made thereon as soon as practical. These provisions shall not change or affect the legal relationship of the County Attorney to the Legislature; the County Attorney shall report to and be responsible to only the Legislature as required by County Law 500, et seq. Paragraph 3 Committees shall have general charge oversight of all matters pertaining to the work of this Legislature as indicated by the titles thereof, or as more specifically described as special duties therefor, each Committee shall supervise and have charge of appropriated expenditures. Any necessary transfer of funds within the same group of accounts (i.e. personal or equipment or contractual) shall be handled through a written memorandum from the Department Head to the County Treasurer with a copy to the respective Committee Chairperson.the County Administrator shall have day to day operational control of all county departmental matters, as distinguished from purely legislative matters which remain the exclusive province of the Legislature. “Oversight” shall mean guidance and review at the “general policy making level”. Each committee shall supervise appropriated expenditures; however, the County Administrator shall have charge thereof in the first instance. Transfer of funds not within the same group of accounts shall be handled by the County Administrator in consultation with the Department Head and the County Treasurer. The Department Head shall be responsible for notification of transfers prior to voucher submittal. Any other unappropriated account expenditure shall be referred by the department's Committee County Administrator, with its recommendation, to the Management and Finance Committee. The Management and Finance Committee shall, following financial review with the Treasurer's Office and County Administrator, shall make a final recommendation to the Legislature on such unappropriated expenditure. A department's request for unappropriated funds shall contain a reasonable estimate in writing for such expenditure. Any resolution approving an unappropriated expenditure shall contain the funding source (Res. No. 97 1983). Paragraph 14 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 65 Routine, regularly scheduled, recurring meetings with department heads will be solely the responsibility of the Administrator. Committees shall may meet with department heads on a regular basis, and at least quarterly, for discussion of department objectives and/or problems. and the County Administrator upon request of the department head, the Committee or the County Administrator for discussion of departmental objectives or problems. The County Administrator may attend such committee meetings as he in his discretion shall deem appropriate. Nothing herein shall be construed to require the attendance of the Administrator at all committee meetings. RULE 24 APPOINTMENTS TO OTHER THAN LEGISLATIVE STANDING AND SPECIAL COMMITTEES Paragraph 1 Appointments by the Legislature of a Legislator and/or member of the general public to a non legislative Committee or board shall be by the Chairman, with Legislative approval. The County Administrator shall not be appointed to advisory and/or public committee appointments without his consent. RULE 25 STANDING COMMITTEES OF THE LEGISLATURE: Paragraph 1 The following is a list of the standing committees of this Legislature together with a description of the areas of responsibility with which each is charged. These committees and their responsibilities are subject to change by resolution of this Legislature. At the beginning of each standing committee section, begin sentence with “Oversight, in coordination with the County Administrator, representation, and as appropriate, to make recommendations to the County Legislature in all matters relating to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, accounts, records or other matters related to the offices, departments and agencies listed below, including those specifically identified as follows: RULE 27 REFERRAL TO COMMITTEES: Matters requiring Committee attention shall be referred by the Chairman without motion to the appropriate Committee, or by the County Administrator in the ordinary course of business, unless otherwise ordered by the Legislature. RULE 31 “New Title” HANDLING COMPLAINTS RECEIVED BY LEGISLATORS Employees of Schuyler County strive to provide quality service to the residents of the County and others who seek assistance in County offices. Even though every effort is made to maintain the high standards established, there are occasions when dissatisfaction occurs and a complaint is received regarding an employee. Such complaints shall be appropriate standing committee who will act in conjunction with the Personnel Officer/any legal counsel, mediate and resolve the complaint. Complaints regarding Schuyler County employees shall be referred to the County Administrator who will act in conjunction with the Human Resource Manager and legal counsel to mediate and resolve the complaint. The appropriate committee may become involved upon request by the County Administrator. The changes delineated represent an effort to strike the delicate balance between and among the functional components of County government and an Administrator without violating the Alternative Local Governments Law, making a grant of non-delegable legislative powers and without simply adding another layer of bureaucracy to the decision making process. RULE 32 “New Rule” COUNTY ADMINISTRATOR – CHAIN OF COMMAND The County Administrator shall report only to the Chairman of the Legislature and shall not be responsible to the numerous existing committees. Complaints regarding the County Administrator shall be directed to the Chairman of the Legislature for such further consultations on action as he may deem appropriate. RESOLUTION NO. 177 Motion by Larison, Second by Bingell. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 66 RE: AMEND RESOLUTION NO. 132-04/ACCEPT PROPOSAL FOR OIL AND GAS LEASING OF COUNTY-OWNED LANDS – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 132-04 accepted the only proposal received for oil and gas leasing on county-owned land from EOG Resources, and WHEREAS, said Resolution erroneously included tax map parcel #71-1-56 for which EOG Resources did not include in their lease proposal, and the annual rental rate was misinterpreted to be $960 per year. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 132-04 be amended by removing tax map parcel #71-1-56, and changing the annual lease amount to $192.00 for a five-year term totaling $960.00. VOTE: Passed 6-0. RESOLUTION NO. 178 Motion by Larison, Second by Bingell. RE: AUTHORIZE FOUR RESOLUTIONS BE BROUGHT TO THE FLOOR BE IT RESOLVED, that four Resolutions be brought to the floor. VOTE: Passed 6-0. RESOLUTION NO. 179 Motion by Bingell, Second by Larison. RE: AUTHORIZE FILLING VACANT ACCOUNT CLERK TYPIST/KEYBOARD SPECIALIST POSITION – PROBATION DEPARTMENT WHEREAS, the current Account Clerk Typist/Keyboard Specialist in the Probation Department has submitted her resignation effective April 16, 2004, and WHEREAS, Resolution No. 439-03 requires a resolution to fill any and all vacancies, and WHEREAS, this vacancy leaves the Probation Department with no clerical help, thus creating a real hardship in said Department, and WHEREAS, there are funds available in the Probation Department’s 3140.100-Personal Services account to fill said vacancy. NOW, THEREFORE, BE IT RESOLVED, that the Director of Probation be hereby authorized to fill the upcoming vacant position of Account Clerk Typist/Keyboard Specialist, in grade level V, at a salary of $11.37 an hour, effective immediately. VOTE: Passed 6-0. RESOLUTION NO. 180 Motion by Bingell, Second by Larison. RE: ACKNOWLEDGE APPOINTMENT/AMEND TITLE AND SET SALARY OF ASSISTANT DISTRICT ATTORNEY WHEREAS, the Assistant District Attorney (ADA), John C. T. Hayes, has submitted his resignation effective April 16, 2004, and WHEREAS, since there are two ADA positions in the District Attorney’s Office, the District Attorney recommends amending the title of this pending vacant position to Chief Assistant District Attorney. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledge the appointment by the District Attorney, Joseph Fazzary of Matthew Hayden as Chief Assistant District Attorney, at an annual salary of $58,531 effective April 17, 2004 through December 31, 2005. VOTE: Passed 6-0. RESOLUTION NO. 181 Motion by Bingell, Second by Larison. RE: AUTHORIZE WAIVER OF ENVIRONMENTAL INSURANCE COVERAGE FOR JEFF’S SEPTIC – SHERIFF’S DEPARTMENT WHEREAS, Jeff’s Septic provides sewage hauling services to the Schuyler County dog pound, and WHEREAS, with the State and Federal environmental laws imposing fines on recoveries, the County Attorney’s office has requested that Jeff’s Septic provide proof of Environmental Insurance coverage for the agreement with the Sheriff’s Department, and WHEREAS, Jeff’s Septic does not carry this insurance at this time and it is very costly. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby waives the environmental insurance coverage requirement for the 2004 agreement with the understanding that Jeff’s Septic will obtain this insurance coverage for the year 2005, and BE IT FURTHER RESOLVED, that it is expected that the contract price for the year 2005 may increase to reflect the cost of this type of insurance coverage. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 67 DISCUSSION: Legislator Bleiler asked if the Sheriff bid out for this service. The Deputy Clerk said no, it is just an agreement. Legislator Bleiler wanted to know how much the rate will increase because of insurance. The Clerk explained that is unknown at this time, however when the Sheriff renews this agreement next year, the county will have the choice to request quotes. VOTE: Passed 6-0. RESOLUTION NO. 182 Motion by Bingell, Second by Larison. RE: RECOGNIZE APRIL 17, 2004 AS SCHUYLER COUNTY’S 150TH BIRTHDAY WHEREAS, the Schuyler County Legislature is proud to be celebrating the 150th birthday of the formation of Schuyler County, and WHEREAS, a Susquecentennial Committee is planning numerous events to commemorate Schuyler County’s birthday. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes April 17, 1854 as the day Schuyler County was formed, and BE IT FURTHER RESOLVED, that the Legislature encourages its citizenry to participate in the many activities put on by the Susquecentennial Committee. VOTE: Passed 6-0. NEW BUSINESS: None. UNFINISHED BUSINESS: Legislator Bleiler reported that the Watkins Review and Express issue coming out this Wednesday will have an article on the Sesquecentennial Celebration. This Saturday, April 17, 2004 the county is 150 years old. He reported that right now in the schools there are poster and essay writing contests going on. There will be a birthday party coming soon. At the end of May they will recognize the Veterans with a USO show from the Civil War to present. That is tentatively scheduled for May 22nd. Tom and Libby Bloodgood are the directors of the program. On May 25th the Office for the Aging will be holding it’s annual dinner dance and it’s theme will be 150 years of Schuyler County. Buttons, t-shirts and baseball caps will be for sale at all events. On May 29th there will be a special parade in the Village of Watkins Glen with special music and activities for Memorial Day weekend. June is service in Schuyler County, recognizing volunteers and the public service, such as fireman, ambulance, deputy sheriffs, etc. This year’s Montour Falls fireman’s carnival and parade will focus on the 150th Birthday with special music and floats. Also, watch WETM Channel 18 news for vignettes on the 150th Birthday. They will lead up to June. They have sold $4,000 worth of spots from sponsors. The month of July is focused on agriculture, August is business and September is sports and recreation. The Glen Theater will have special war movies during the month of May. The Lake Country Players will have special events at the Theater also. The activities end in the month of October with recognizing churches. REPORT ON STANDING COMMITTEES: Legislator Bleiler reported on the Human Services Committee. The Family Resource Center at the Rural Urban Center is up and running with some young parents taking advantage of the center. Legislator Larison reported on the Fish and Wildlife Management Board. He talked about selling hunting licenses over the Internet. They passed on Resolutions opposing bans on 50 calibur guns and having a registry for handguns and the law regarding contests. He talked about some items of interest and some statistics. Legislator Fagan reported on the Community Development & Natural Resources Committee. On May 8, 2004, the county will be holding a Household Hazardous Waste Day along with Tire Collection and Electronics Collection. On May 15, 2004 there will be a SEQR workshop held at the Cooperative Extension Office. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:30 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 68 REGULAR MEETING MAY 10, 2004 The May 10, 2004 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Sue Brill stated that a little over a month ago, the Legislature received information on Schuyler County being number one in caseloads in the state. She wanted to know if any plans or intentions are being made to improve that position. Legislator Bleiler said he met with the Social Services Commissioner and they are reviewing the situation. RESOLUTION NO. 183 Motion by Bingell, Second by Larison. RE: APPROVE MINUTES OF THE APRIL 12, 2004 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the April 12, 2004 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 184 Motion by Yuhasz, Second by Bingell. RE: RESOLUTION IN SUPPORT OF RECRUITMENT OF AN INDY RACING LEAGUE TO WATKINS GLEN INTERNATIONAL WHEREAS, Watkins Glen International (WGI) is a world renown race track that hosts many racing events, including a NASCAR event, and WHEREAS, Schuyler County is home to International Road Racing, and WHEREAS, The Finger Lakes region is an established, organized, high-quality branded experience, and WHEREAS, WGI has an established fan base from the Northeast and Canada. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature fully supports and encourages the recruitment of an Indy Car Series event to Watkins Glen International. VOTE: Passed 8-0. RESOLUTION NO. 185 Motion by Yuhasz, Second by Bingell. RE: DECLARE JUNE AS FIREWORKS EYE SAFETY MONTH - PUBLIC HEALTH WHEREAS, according to the U.S. Consumer Product Safety Commission, fireworks accounted for approximately 9,500 injuries treated in U.S. hospital emergency rooms in the year 2001, and WHEREAS, the highest injury estimates were for firecrackers rockets (21%) and sparklers and WHEREAS, almost half (47%) of the injuries were to children under age 15, and WHEREAS, bystanders are more frequently injured by fireworks than the people who are using them, and WHEREAS, sparklers can heat up to 1800 degrees Fahrenheit, hot enough to melt gold, and WHEREAS, parts of the body most often injured are the hands eyes (28%) and head/face NOW, THEREFORE, BE IT RESOLVED, that this Legislature proclaim that June is Fireworks Eye Safety Month and offers its hopes that the residents of Schuyler County take all necessary precautions to avoid injuries. VOTE: Passed 8-0. RESOLUTION NO. 186 Motion by Yuhasz, Second by Bingell. RE: RECOGNIZE JUNE 14 – 20, 2004 AS NATIONAL MEN’S HEALTH WEEK – PUBLIC HEALTH WHEREAS, lack of awareness, poor health education and culturally induced behavior patterns in the work and personal lives of men continue to contribute to the growing crisis in men’s health, and WHEREAS, the purpose of Men’s Health Week is to heighten the awareness of preventable health problems and encourage early detection and treatment of disease among men and boys, and WHEREAS, health screenings for prostate cancer, blood pressure, cholesterol, diabetes and body fat should be done on an annual basis, are simple and pain-free and can save lives, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 69 WHEREAS, the purpose of Men’s Health Week is to heighten the awareness of preventable health problems. NOW, THEREFORE, BE IT RESOLVED, that the Legislature recognizes June 14 - 20, 2004 as National Men’s Health Week and encourages early detection and treatment of disease among men and boys. VOTE: Passed 8-0. RESOLUTION NO. 187 Motion by Bingell, Second by Karius. RE: AUTHORIZE AGREEMENT WITH THE STATE UNIVERSITY OF NEW YORK AT BUFFALO FOR STUDENT REFERRAL FOR CLINICAL EXPERIENCE – COMMUNITY SERVICES WHEREAS, the State University of New York at Buffalo offers an educational program in the discipline of Social Work, and WHEREAS, students matriculated in the Social Work program must meet requirements involving clinical experience, and WHEREAS, the Schuyler County Mental Health Clinic is able to provide the clinical experience needed for students enrolled in the Social Work program at the State University of New York at Buffalo. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the State University of New York at Buffalo to form an affiliation with the Schuyler County Mental Health Clinic for the purpose of providing clinical experience for students, with no monetary consideration, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 188 Motion by Bingell, Second by Karius. RE: AUTHORIZE CONTRACT WITH KEVIN DENNY, MD FOR PART-TIME CHILD SERVICES FOR 2004 – COMMUNITY SERVICES WHEREAS, the Community Services Department is in need of specialized services specifically for children, and WHEREAS, provision of these services would be beneficial to the operation of the mental health clinic in serving the needs of children in Schuyler County, and WHEREAS, Kevin Denny, MD, is qualified to provide the specialized services for children, and WHEREAS, funds are available in the 2004 Mental Health budget, account nos. 4310.435 and 4310.435-4316 to contract for part-time child services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Kevin Denny, MD, for the provision of part-time child services, for the period May 1, 2004 through December 31, 2004, at an hourly rate of $125, not to exceed $44,000 annually, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 189 Motion by Bingell, Second by Karius. RE: AUTHORIZE FILLING VACANT REGISTERED PROFESSIONAL NURSE POSITION - COMMUNITY SERVICES WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Schuyler County Mental Health Clinic has one full-time Registered Professional Nurse position, vacated effective April 16, 2004, and WHEREAS, the Mental Health Clinic needs to fill this position. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services/Public Health to advertise and fill a full-time Registered Professional Nurse position, Grade 23, $16.22 per hour in the Mental Health Clinic, funding being available in the 2004 budget. VOTE: Passed 8-0. RESOLUTION NO. 190 Motion by Larison, Second by Bingell. RE: AMEND AGREEMENT WITH FINGER LAKES ADDICTIONS COUNSELING AND REFERRAL AGENCY (FLACRA) AND AMEND 2004 BUDGET- COMMUNITY SERVICES ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 70 WHEREAS, Resolution No. 470-03 authorized a contract renewal with the Finger Lakes Addictions Counseling and Referral Agency (FLACRA) in an amount not to exceed $108,708 for 2004, and WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services has reduced the amount of State Aid available for this contract by $255, and WHEREAS, the local portion of STOP DWI funds available for this contract has been increased by $629. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the agreement with Finger Lakes Addictions and Referral Agency for alcoholism treatment services for an additional amount of $374, total amount of the contract not to exceed $109,082, subject to approval by the County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2004 County budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$374 4322.336 FLACRA -$255 4322-3490 State Aid-Mental Health +$629 4322-1689 Other Dept. Income VOTE: Passed 8-0. RESOLUTION NO. 191 Motion by Larison, Second by Bingell. RE: AUTHORIZE ROLLOVER OF FEDERAL SALARY SHARING FUNDS AND AMEND 2004 COUNTY BUDGET – COMMUNITY SERVICES WHEREAS, Resolution No. 417-03 authorized distribution of Federal Salary Sharing funds in the amount of $85,540, at no local share cost, and amended the 2003 County budget, and WHEREAS, the Federal Salary Sharing funds went unspent in 2003 and can be reallocated to subsequent budget years. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2004 County budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION $80,000 4310.435-4316 Prof. Fees – Salary Sharing $ 5,540 4310.400-4316 Contractual – Salary Sharing $85,540 4310-4490-4316 Federal Salary Sharing DISCUSSION: Legislator Fagan asked why this money was not spent in 2003, and why it could not be rolled over to the fund balance. George Roets, Director of Community Services/Public Health, explained that this funding can only be used strictly for administrative costs, and there was no specific use for it last year. It does offset local costs. VOTE: Passed 8-0. RESOLUTION NO. 192 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT BETWEEN FINGER LAKES ADDICTIONS COUNSELING AND REFERRAL AGENCY (FLACRA) AND COMMUNITY SERVICES BOARD FOR BUILDING MAINTENANCE – COMMUNITY SERVICES WHEREAS, the Community Services Board leases office space in Mill Creek Center to Finger Lakes Addictions Counseling and Referral Agency (FLACRA), and WHEREAS, the agreement for cleaning services between Schuyler County Buildings and Grounds and FLACRA was terminated effective March 31, 2004 due to FLACRA wishing to maintain their office space without the use of contracted cleaning services, and WHEREAS, the Community Services Board wishes to protect their interest as the owner of Mill Creek Center by establishing protocols for maintenance of leased space. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement between FLACRA and the Community Services Board, establishing the duties and responsibilities of each party with regard to the leased office space at Mill Creek Center, effective April 1, 2004 through December 31, 2004, renewable annually on a calendar year by agreement of the parties, subject to approval by the County Attorney. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 71 VOTE: Passed 8-0. RESOLUTION NO. 193 Motion by Larison, Second by Bingell. RE: AUTHORIZE OUT OF COUNTRY TRAVEL – HEALTH SERVICES WHEREAS, Amy Spenciner, Staff Social Worker in the Mental Health Clinic, has been invited to attend a conference on Expressive Therapies in the Playroom, being held in Hornby Island, Canada from July 24 through July 28, 2004, and WHEREAS, it is beneficial for a Staff Social Worker from the Mental Health Clinic to attend this conference for educational purposes, and WHEREAS, out of country travel requires legislative approval. NOW, THEREFORE, BE IT RESOLVED, that Amy Spenciner, Staff Social Worker, be hereby authorized to travel out of country to attend the aforementioned conference, with no county cost. VOTE: Passed 8-0. RESOLUTION NO. 194 Motion by Larison, Second by Bingell. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM 7/1/04 – 6/30/05 – HEALTH SERVICES WHEREAS, Schuyler County must provide transportation to preschool children with disabilities. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Health Services is authorized to advertise for bids for the transportation of preschool children with disabilities from July 1, 2004 through June 30, 2005, and BE IT FURTHER RESOLVED, that bids are to be marked “Sealed Bid” and received by the Clerk of the Legislature at the County Office Building, 105 Ninth St., Watkins Glen, NY 14891, no later than 9:15 AM, Tuesday, June 1, 2004. 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 14, 2004 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids. VOTE: Passed 8-0. RESOLUTION NO. 195 Motion by Larison, Second by Bingell. RE: AUTHORIZE FILLING VACANT STAFF SOCIAL WORKER POSITION - COMMUNITY SERVICES WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Schuyler County Mental Health Clinic has a vacant Staff Social Worker position, due to a resignation effective May 7, 2004, and WHEREAS, the Mental Health Clinic needs to fill this position. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services/Public Health to advertise and fill a full-time Staff Social Worker position, Grade 28, $19.88 per hour in the Mental Health Clinic, funding available in the 2004 budget. VOTE: Passed 8-0. RESOLUTION NO. 196 Motion by Bingell, Second by Larison. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE REPLACEMENTS OF CULVERTS ON COUNTY ROAD 11 AND COUNTY ROAD 16 - HIGHWAY DEPARTMENT WHEREAS, Schuyler County accepted a proposal for engineering services for the replacement of culverts on County Road 11 and County Road 16, and WHEREAS, the project design is completed, it is now necessary to advertise for bids for construction, and WHEREAS, funding for said projects is available in the 2004 budget account nos. 5120.326 and 5120.352. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for the replacement of the Culverts on County Road 11 and County Road 16. VOTE: Passed 8-0. RESOLUTION NO. 197 Motion by Bingell, Second by Larison. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 72 RE: A RESOLUTION AUTHORIZING THE SENECA HARBOR BREAKWATER PROJECT IN AND FOR THE COUNTY OF SCHUYLER, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $215,330, AND AUTHORIZING THE ISSUANCE OF $215,330 BONDS OF SAID COUNTY TO PAY THE COST THEREOF (Bonding is for Phase II of the Seneca Harbor Park Project) BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the County Legislature of the County of Schuyler, New York, as follows: Section 1. The Seneca Harbor breakwater project in and for the County of Schuyler, New York, including incidental costs and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $215,330. Section 2. The plan for the financing of such maximum estimated cost shall consist of the issuance of $215,330 bonds of said County hereby authorized to be issued pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision 3 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said County of Schuyler, New York, are hereby irrevocable pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution shall repeal Resolution No. 60 duly adopted by the Schuyler County Legislature on February 10, 2003. Section 10. This resolution, which takes effect immediately, shall be published in full or in summary form in The Watkins Review & Express, the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. VOTE: Passed 8-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 73 RESOLUTION NO. 198 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS FOR IT SUPPORT SERVICES WHEREAS, the County has been utilizing contractual help for its Information Technology services in lieu of hiring another person, on a trial basis, and WHEREAS, funds to cover these services need to be transferred from the Personal Services line item into a contractual line item. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $30,000 from Information Technology account no. 1680.100-Personal Services to account no. 1680.400-Contractual. VOTE: Passed 8-0. RESOLUTION NO. 199 Motion by Yuhasz, Second by Slusser. RE: RULES OF PROCEDURE MODIFICATION WHEREAS, notice of modification of the County Legislature’s Rules of Procedure was given in accordance with Rule 29. NOW, THEREFORE, BE IT RESOLVED, that the County Legislature=s Rules of Procedure be modified effective upon the implementation of a County Administrator Office, and following the Legislature’s review of the Policies and Procedures relative to the position of County Administrator. RULE 22 COMMITTEES IN GENERAL: Paragraph 1 All committees shall aid in the performance of the powers and duties of the Legislature and if the county shall have an administrator, his or her relationship to the committees of the Legislature shall be in accordance with the general principles set forth herein. Paragraph 2 GENERAL EXERCISE OF JURISDICTION. Committees shall familiarize themselves with the subject matter over which jurisdiction has been conferred by the Rules of Procedure. Committees having an office or function overseen by them shall report any neglect of duty or failure to comply with rules and directions of the Legislature, to the full Legislature. They shall render advice and counsel on matters deemed helpful in the performance of the duties of the office or function. The County Administrator shall represent county employees before the Legislature and, so far as practical, every county officer and employee shall look to the County Administrator for that representation. However, nothing herein shall be construed to impinge upon employee union representation rights. Although the Legislature shall always be open for county officers and employees upon any matter involving the office or function, the committee shall represent them before the Legislature and so far as practical, every county officer and employee shall look to the committee for that representation. Criticism and recommendations of State departments or other official bodies shall be considered with the department head or officer by the Administrator. Matters referred to a special committee shall be considered and a report made thereon as soon as practical. These provisions shall not change or affect the legal relationship of the County Attorney to the Legislature; the County Attorney shall report to and be responsible to only the Legislature as required by County Law 500, et seq. Paragraph 3 Committees shall have general charge oversight of all matters pertaining to the work of this Legislature as indicated by the titles thereof, or as more specifically described as special duties therefor, each Committee shall supervise and have charge of appropriated expenditures. Any necessary transfer of funds within the same group of accounts (i.e. personal or equipment or contractual) shall be handled through a written memorandum from the Department Head to the County Treasurer with a copy to the respective Committee Chairperson.the County Administrator shall have day to day operational control of all county departmental matters, as distinguished from purely legislative matters which remain the exclusive province of the Legislature. “Oversight” shall mean guidance and review at the “general policy making level”. Each committee shall supervise appropriated expenditures; however, the County Administrator shall have charge thereof in ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 74 the first instance. Transfer of funds not within the same group of accounts shall be handled by the County Administrator in consultation with the Department Head and the County Treasurer. The Department Head shall be responsible for notification of transfers prior to voucher submittal. Any other unappropriated account expenditure shall be referred by the department's Committee County Administrator, with its recommendation, to the Management and Finance Committee. The Management and Finance Committee shall, following financial review with the Treasurer's Office and County Administrator, shall make a final recommendation to the Legislature on such unappropriated expenditure. A department's request for unappropriated funds shall contain a reasonable estimate in writing for such expenditure. Any resolution approving an unappropriated expenditure shall contain the funding source (Res. No. 97 1983). Paragraph 14 Routine, regularly scheduled, recurring meetings with department heads will be solely the responsibility of the Administrator. Committees shall may meet with department heads on a regular basis, and at least quarterly, for discussion of department objectives and/or problems. and the County Administrator upon request of the department head, the Committee or the County Administrator for discussion of departmental objectives or problems. The County Administrator may attend such committee meetings as he in his discretion shall deem appropriate. Nothing herein shall be construed to require the attendance of the Administrator at all committee meetings. RULE 24 APPOINTMENTS TO OTHER THAN LEGISLATIVE STANDING AND SPECIAL COMMITTEES Paragraph 1 Appointments by the Legislature of a Legislator and/or member of the general public to a non legislative Committee or board shall be by the Chairman, with Legislative approval. The County Administrator shall not be appointed to advisory and/or public committee appointments without his consent. RULE 25 STANDING COMMITTEES OF THE LEGISLATURE: Paragraph 1 The following is a list of the standing committees of this Legislature together with a description of the areas of responsibility with which each is charged. These committees and their responsibilities are subject to change by resolution of this Legislature. At the beginning of each standing committee section, begin sentence with “Oversight, in coordination with the County Administrator, representation, and as appropriate, to make recommendations to the County Legislature in all matters relating to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, accounts, records or other matters related to the offices, departments and agencies listed below, including those specifically identified as follows: RULE 27 REFERRAL TO COMMITTEES: Matters requiring Committee attention shall be referred by the Chairman without motion to the appropriate Committee, or by the County Administrator in the ordinary course of business, unless otherwise ordered by the Legislature. RULE 31 “New Title” HANDLING COMPLAINTS RECEIVED BY LEGISLATORS Employees of Schuyler County strive to provide quality service to the residents of the County and others who seek assistance in County offices. Even though every effort is made to maintain the high standards established, there are occasions when dissatisfaction occurs and a complaint is received regarding an employee. Such complaints shall be appropriate standing committee who will act in conjunction with the Personnel Officer/any legal counsel, mediate and resolve the complaint. Complaints regarding Schuyler County employees shall be referred to the County Administrator who will act in conjunction with the Human Resource Manager and legal counsel to mediate and resolve the complaint. The appropriate committee may become involved upon request by the County Administrator. The changes delineated represent an effort to strike the delicate balance between and among the functional components of County government and an Administrator without violating the Alternative Local Governments Law, making a grant of non-delegable legislative powers and without simply adding another layer of bureaucracy to the decision making process. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 75 RULE 32 “New Rule” COUNTY ADMINISTRATOR – CHAIN OF COMMAND The County Administrator shall report only to the Chairman of the Legislature and shall not be responsible to the numerous existing committees. Complaints regarding the County Administrator shall be directed to the Chairman of the Legislature for such further consultations on action as he may deem appropriate. DISCUSSION: Legislator Bingell said she is totally against this. Legislator Larison agrees and feels it is a mistake. VOTE: Passed 6-2. Noes: Bingell, Larison. RESOLUTION NO. 200 Motion by Yuhasz, Second by Slusser. RE: RESOLUTION TO DECLARE MAPS SURPLUS – REAL PROPERTY WHEREAS, the Real Property Tax Service annually microfilms the Schuyler County tax map sets, and no longer has use for the 2001 tax map set. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that this County Legislature hereby declares as surplus the following items from the Real Property Tax Office and authorizes the Real Property Tax Office to dispose of the same with a minimum bid per set as set forth: 2001 TAX MAP SET - $200.00 VOTE: Passed 8-0. RESOLUTION NO. 201 Motion by Yuhasz, Second by Slusser. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – KOCH, PARCEL 52.00-1-63 - TOWN OF READING WHEREAS, application has been made in accordance with Section 554 of the Real Property Tax Law stating that a tax amount of $1,377.11, for a relevied school tax, was incorrectly placed on the 2004 County/Town tax roll for parcel 52.00-1-63 in the Town of Reading, and WHEREAS, the Real Property Tax Director has reviewed the application and has determined that this error constitutes a clerical error, as defined in Section 550(2)(h) of the RPTL. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll be adjusted to remove an incorrect entry of $1,377.11 for parcel 52.00-1-63, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Town of Reading Clerk/Tax Collector and the Watkins Glen Central School Tax Collector. VOTE: Passed 8-0. RESOLUTION NO. 202 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE INCREASE IN CORNING COMMUNITY COLLEGE CAPITAL CHARGEBACK WHEREAS, Corning Community College is the only community college in the state that charges only $200 per student for capital chargebacks, and WHEREAS, it is necessary for Corning Community College to continually improve its facilities to maintain a quality environment for its students and faculty. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the capital chargeback for Corning Community College to increase from $200 to $300 per student effective January 2005, contingent upon Chemung and Steuben Counties also approving the increase. VOTE: Passed 8-0. RESOLUTION NO. 203 Motion by Bingell, Second by Bleiler. RE: AUTHORIZATION FOR THE COUNTY OF SCHUYLER TO APPLY FOR A JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) - PROBATION WHEREAS, Schuyler County previously applied for and received approval to apply for the Juvenile Accountability Incentive Block Grant (JAIBG), and WHEREAS, the County has again been advised it is eligible for $11,683 in funding under the 2003 funding stream for use in 2004 and 2005, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 76 WHEREAS, the use of the funds and proposed Plan have been discussed with the Public Safety/Criminal Justice Committee, and the recommendation of that Committee is to again apply for and accept said grant funds. NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler apply for and accept the funding for the JAIBG, and that the Chairman of the Schuyler County Legislature be authorized to sign any and all documents relative to said Plan and submit it to the New York State Division of Criminal Justice Services, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 204 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE GRANT APPLICATION WITH STATE EMERGENCY MANAGEMENT OFFICE WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for assistance under the Federal Emergency Planning and Community Right to Know Act for 2004-2005 (FFY04) and WHEREAS, this grant provides matching funds for certain personnel and administrative expenses associated with our local emergency management program, and WHEREAS, the tentative FFY04 allocation for Schuyler County under this planning program is $2,000. 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: Passed 8-0. RESOLUTION NO. 205 Motion by Larison, Second by Bingell. RE: EXTEND APPOINTMENT OF PART-TIME CLERK POSITION IN DISTRICT ATTORNEY’S OFFICE WHEREAS, Resolution No. 290-03 authorized the creation of a part-time Clerk position in the District Attorney’s Office to be funded through the Violence Against Women Act (VAWA) Grant which was to terminate March 31, 2004, and WHEREAS, the District Attorney’s Office is in desperate need of keeping this part-time clerical position and would like the current position to be extended so long as this office receives grant funds for the position, and WHEREAS, the New York State Division of Criminal Justice services has approved a Byrne Grant as well as an Aid to Prosecution Grant for the Schuyler County District Attorney’s Office to assist in the prosecution of domestic violence offenses and felony crimes, and has allocated $4,500 and $2,000 for the provision of clerical services necessary to enhance the District Attorney’s ability to prosecute these offenses. NOW, THEREFORE, BE IT RESOLVED, that the District Attorney be authorized to extend the appointment of the part-time Clerk in the District Attorney’s Office, $10.87 per hour for approximately 10 hours per week. This position is contingent upon receipt of the above stated grant funds. VOTE: Passed 8-0. RESOLUTION NO. 206 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICE FOR A BYRNE NARCOTICS 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 narcotics control and violent crimes against women. NOW, THEREFORE, BE IT 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 2004/2005 Byrne Narcotics Grant in the amount of $37,000, with a County match of $12,333; subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that said match is in the District Attorney’s budget and is basically in- kind services as listed below: Chief ADA Salary $ 4,300 Secretary Salary $ 4,620 PT Clerical Help $ 1,000 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 77 Chief ADA Fringe $ 1,586 Office Supplies $ 313 Travel & Subsistence $ 514 TOTAL $12,333 VOTE: Passed 8-0. RESOLUTION NO. 207 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR RENOVATION GRANT FUNDS - 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 renovations to the office building. NOW, THEREFORE, BE IT 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 a 2003/2004 NYS Division of Criminal Justice Services Legislative Grant in the amount of $16,000; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 208 Motion by Karius, Second by Yuhasz. RE: DECLARE EQUIPMENT SURPLUS – OFFICE FOR THE AGING WHEREAS, the Office for the Aging has a 1989 Chevy Van, which is no longer needed by the department. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said van as surplus, and BE IT FURTHER RESOLVED, that said van be place in storage for inclusion in the annual County Auction. One 1989 Chevy Van S/N 2GNEG25H6K4123973 VOTE: Passed 8-0. RESOLUTION NO. 209 Motion by Karius, Second by Yuhasz. RE: DECLARE EQUIPMENT SURPLUS – HIGHWAY DEPARTMENT WHEREAS, the Highway Department has surplus equipment. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said equipment surplus, and BE IT FURTHER RESOLVED, that said equipment be placed in storage for inclusion in the County Auction. 1988 Ford 1 Ton Dump 4x4 S/N 2FDLF47G4JCB48650 2002 Chevrolet Silverado 4x4 Truck S/N 2GCEK19V621364130 1980 Autocar, Tandom Axel Dump S/N Q01FTGD906500 1979 Autocar, Tandom Axel Dump S/N Q01FTGD096501 8’ Harder Stainless Steel Spreader VOTE: Passed 8-0. RESOLUTION NO. 210 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE ONGOING AGREEMENT WITH HSBC BANK USA FOR TWO SAFETY DEPOSIT BOXES – INFORMATION TECHNOLOGY WHEREAS, there is a need for off-site storage of information processing backup media in accordance with a Policy for Electronic Data Backup and Storage adopted by Resolution No. 313-02, and WHEREAS, this storage capability is available as two safety deposit boxes at HSBC Bank located at Franklin and Eighth Streets in Watkins Glen. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute an agreement with HSBC Bank USA for two safety deposit boxes, at a cost of $95 each annually, to be paid from account no. 1680.408, subject to the approval of the Schuyler County Attorney. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 78 VOTE: Passed 8-0. RESOLUTION NO. 211 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE FILLING THREE SEASONAL LABORER POSITIONS AND ONE SEASONAL MOTOR EQUIPMENT OPERATOR POSITION – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Highway Superintendent feels it would be beneficial to hire three seasonal Laborers and one seasonal Motor Equipment Operator to help with the summer road maintenance, and WHEREAS, the funding for these positions is available in the 2004 Personal Services account. NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent be hereby authorized to fill three Seasonal Laborer positions and one Motor Equipment Operator position at the rate of $7.00 per hour for no more than a six month period. VOTE: Passed 8-0. RESOLUTION NO. 212 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR SENECA HARBOR PARK PHASE II CONSTRUCTION – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 339-00 authorized an application for a NYS Parks, Recreation and Historical Preservation grant which was reapplied for per Resolution No. 239-02, and WHEREAS, Resolution No. 58-03 authorized acceptance of the NYS Parks, Recreation and Historical Preservation grant in the amount of $175,330 to be matched with the equal amount of local dollars for which the parks contract has been completed, and WHEREAS, Resolution No. 59-03 authorized a contract with Hunt Engineers to provide construction documents, bid administration and construction administration as well as authorization to go out to bid for Seneca Harbor Park Phase II project. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts Hunt Engineers recommendation of the low bidder, Edger Enterprises, 330 E. 14th Street Elmira Heights, NY 14903, for the Seneca Harbor Park Phase II construction work at the low bid of $174,476 to include 3 alternates totaling $44,813 for a total contract price of $219,289, work to be completed by October 1, 2004, and BE IT FURTHER RESOLVED, that the following bid be rejected: R. DeVincentis One Brick Ave Binghamton, NY 13901, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Edger Enterprises at a cost of $219,289, subject to approval of the Schuyler County Attorney and the Office of Parks, Recreation and Historical Preservation. VOTE: Passed 8-0. RESOLUTION NO. 213 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AGREEMENT WITH DOT COMMERCE, INC. FOR WEB PAGE ADMINISTRATION WHEREAS, Resolution No. 497-03 authorized an agreement with Dot Commerce, Inc. to create a new “Home” web page for Schuyler County along with separate web pages for each county department, and WHEREAS, there is a need for updates and editing to be made to these pages on a regular basis, and WHEREAS, instead of training an employee in each individual department it would be more cost effective to enter into a contract with the above company for two hours per week at a cost of $30 per hour. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute an agreement with Dot Commerce, Inc. for web page administration at a cost of $60 per week, not to exceed $2,000, for the term May 17, 2004 through December 31, 2004, to be paid from account no. 1680.408, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 214 Motion by Larison, Second by Bingell. RE: ACCEPT BID FOR GALVANIZED PIPE, FLARED END SECTIONS – HIGHWAY DEPARTMENT ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 79 WHEREAS, Resolution No. 165-04 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on May 3, 2004. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Highway Superintendent, the Schuyler County Legislature accept the following bid: ONLY BID RECEIVED Chemung Supply PO Box 527 Elmira, NY 14902 Copy of this bid is available for inspection at the Highway Office VOTE: Passed 8-0. RESOLUTION NO. 215 Motion by Larison, Second by Bingell. RE: ACCEPT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SAND & SELECT GRANULAR FILL – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 165-04 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on May 3, 2004. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Highway Superintendent, the Schuyler County Legislature accept the following bids: ALL BIDS ACCEPTED Hanson Aggregates BRD, Inc. Morgan Logging P.O. Box 231 2427 ST 228 Easton, PA 18044-0231, and Odessa, NY 14869 Knight Settlement Padua Ridge PO Box 191, Knight Settlement Road 3362 Highway 409 Bath, NY 14810, and Watkins Glen, NY 14891 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 216 Motion by Larison, Second by Bingell. RE: ACCEPT BID FOR GUIDERAIL – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 165-04 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on May 3, 2004. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Highway Superintendent, the Schuyler County Legislature accept the following bid: ONLY BID RECEIVED Chemung Supply Corporation PO Box 527 Elmira, NY 14902 Copy of this bid is available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 217 Motion by Larison, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR SIGNS, SIGN POSTS, EXTENSIONS AND SIGN BLANKS – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 165-04 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on May 3, 2004. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 80 NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Highway Superintendent, the Schuyler County Legislature accept the following bids for: Sign Posts and Extensions: Chemung Supply PO Box 527 Elmira, NY 14902 Signs and Sign Blanks: Rocal Inc. PO Box 640 Frankfort, Ohio 45628, and BE IT FURTHER RESOLVED, that the following bid be rejected: Eberl Iron 128 Sycamore Street Buffalo, NY 14204-1492 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 218 Motion by Larison, Second by Bingell. RE: ACCEPT BIDS FOR STEEL PIPE, POLYETHYLENE PIPE, GABION BASKETS, STEEL PLATE & SHOP STEEL – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 165-04 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on May 3, 2004. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Highway Superintendent, the Schuyler County Legislature accept the following bids for: Shop Steel Polyethylene Pipe Used Shop Steel Chemung Supply Corporation PO 527 Elmira, NY 14902 And for Used Steel Pipe: Chemung Supply Corporation PO Box 527 Elmira, NY 14902 Items: 1, 5, 6, 7, 8, 10,12,15,16,17,18,19,20,21,22 Only Allegany Pipe & Tubular Products 2954 CR 22 Andover, NY 14806 Items: 2, 3, 4, 9, 11,14 Only Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 219 Motion by Bleiler, Second by Bingell. RE: AMEND 2004 BUDGET FOR NON-RESIDENTIAL DOMESTIC VIOLENCE GRANT - SOCIAL SERVICES WHEREAS, the State of New York allocated $25,000 for non-residential domestic violence services provided through June 30, 2004, to the Schuyler County Department of Social Services, and WHEREAS, the Department of Social Services has a contract with Catholic Charities to provide these services, and WHEREAS, the county spent $6,798 through December 31, 2003, and has $18,202 left for 2004. NOW, THEREFORE, BE IT RESOLVED, that the 2004 budget be amended as follows: + $18,202 6010.370 Non Residential DV Services ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 81 + $18,202 6010-4610 Federal Aid - Administration VOTE: Passed 8-0. RESOLUTION NO. 220 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM 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, $5,000 of existing YDDP money will be allocated for supervision and transportation costs, and WHEREAS, the program will employ approximately 40 youth with the wages for the youth to be reimbursed by Watkins Glen International Raceway. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to implement the above mentioned employment program from June 1, 2004 through September 15, 2004 for youth ages 14 – 21 and temporarily increase the Youth Program Coordinator’s hours to 40 hours a week for this period of time. VOTE: Passed 8-0. RESOLUTION NO. 221 Motion by Bleiler, Second by Bingell. RE: DECLARE JUNE 17, 2004 AS “DAY OF THE FAMILY” IN SCHUYLER COUNTY WHEREAS, the family, in it’s many diverse forms and compositions, is the basic structure supporting the health, growth and happiness of our children and each other, regardless of whether it is a nuclear family setting, an extended family setting, or a combination of both, it goes beyond bloodlines or ancestry. Where there is love, nurturing and caring, there is family. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby declares June 17, 2004 as “Schuyler County Family Day”, and BE IT FURTHER RESOLVED, that the Legislature encourages the community to care for each other, extend a helping hand to the less fortunate, support those in need and encourage its neighbors as they work towards healthy, independent mainstays within the community. VOTE: Passed 8-0. RESOLUTION NO. 222 Motion by Larison, Second by Bingell. RE: REQUEST STATE LEGISLATION TO AMEND RESIDENCY REQUIREMENT FOR THE SECOND ASSISTANT DISTRICT ATTORNEY POSITION WHEREAS, the Schuyler County District Attorney’s Office has a vacant Assistant District Attorney position, and WHEREAS, the District Attorney has made a diligent effort to fill the vacancy with an attorney residing in Schuyler County, and WHEREAS, it has proved impossible to do so by reason of a lack of available attorneys locally, and WHEREAS, Public Officers Law §3 requires that an Assistant District Attorney be a resident of Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature requests the New York State Legislature to amend Public Officers Law as follows: In the County of Schuyler, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of Assistant District Attorney of the County of Schuyler, other than the Chief Assistant District Attorney, provided that such person resides in Schuyler County or an adjoining county within the State of New York. VOTE: Passed 8-0. RESOLUTION NO. 223 Motion by Larison, Second by Bingell. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 82 RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR SECOND ASSISTANT DISTRICT ATTORNEY WHEREAS, the Second Assistant District Attorney (ADA) position in the District Attorney’s Office has been vacant due to Matthew Hayden being appointed to the Chief ADA position by Resolution No. 180-04. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledge the appointment by District Attorney Joseph Fazzary of Peter Finnerty as Second Assistant District Attorney for 17.5 hours per week for the term May 24, 2004 through December 31, 2005, at an annual salary of $20,560. This position is contingent upon receipt of the 2004/2005 Byrne Narcotics Grant money sufficient to fund the position for the term stated. VOTE: Passed 8-0. RESOLUTION NO. 224 Motion by Larison, Second by Bingell. RE: RECOGNIZE THE WEEK OF MAY 16-22, 2004 AS EMERGENCY MEDICAL SERVICES WEEK WHEREAS, emergency medical services is a vital public service, and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week, and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury, and WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others, and WHEREAS, approximately two-thirds of all emergency medical services providers are volunteers, and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills, and WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals, and WHEREAS, injury prevention and the appropriate use of the EMS system will help reduce national health care costs. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes the week of May 16-22, 2004 as Emergency Medical Services Week and encourages the community to observe this week with appropriate programs, ceremonies, and activities. VOTE: Passed 8-0. RESOLUTION NO. 225 Motion by Bingell, Second by Larison. RE: AUTHORIZE SIX RESOLUTIONS BE BROUGHT TO THE FLOOR BE IT RESOLVED, that six Resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 226 Motion by Bingell, Second by Larison. RE: ACKNOWLEDGE APPOINTMENTS AND SALARY – BOARD OF ELECTIONS WHEREAS, Mary King, Republican Deputy Commissioner in the Board of Elections, will retire effective June 26, 2004, and WHEREAS, there is funding in the Board of Election 2004 budget for part-time personnel for transition training. NOW, THEREFORE, BE IT RESOLVED, the Legislature hereby acknowledge the appointment by Joseph Fazzary, Commissioner, Board of Elections of a Deputy Commissioner Trainee, Board of Elections effective June 7, 2004 through June 26, 2004 for 16 hours per week at an hourly rate of $8 per hour, and BE IT FURTHER RESOLVED, commencing June 26,2004 through December 31, 2004 the Trainee shall serve as Deputy Commissioner, Board of Elections at an annual salary of $25,000, prorated to 31.5 hours per week. VOTE: Passed 8-0. RESOLUTION NO. 227 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS – PUBLIC DEFENDER WHEREAS, line item no. 1170.435-Professional Fees/Services in the Public Defender’s 2004 budget is over-expended as of the April billing due to the hiring of a expert witness for a trial. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 83 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $3,000 from Contingency account no. 1990.500 to account no. 1170.435-Professional Fees and Services. VOTE: Passed 8-0. RESOLUTION NO. 228 Motion by Karius, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION AND SUBSEQUENT CONTRACT FOR STEP GRANT – SHERIFF’S DEPARTMENT WHEREAS, monies in the amount of $13,000 have been made available from the Governor’s Traffic Safety Committee to the Schuyler County Sheriff’s Department for a Selective Traffic Enforcement Program (STEP), and WHEREAS, these monies are to be used for speed enforcement and other traffic violations, and WHEREAS, this is a 100% funded grant. 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 fund; said documents subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 229 Motion by Karius, Second by Bingell. RE: AUTHORIZE APPOINTMENT – AGRICULTURE AND FARMLAND PROTECTION BOARD WHEREAS, there is a vacant farmer position on the Agriculture and Farmland Protection Board that needs to be filled prior to their next Board meeting. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature approve the appointment of John Santos as farmer representative on the Agriculture and Farmland Protection Board for the term June 1, 2004 through December 31, 2007. DISCUSSION: Legislator Karius feels this is an appointment of a knowledgeable person who will be an asset to the Board. VOTE: Passed 8-0. RESOLUTION NO. 230 Motion by Karius, Second by Bingell. RE: AUTHORIZE TEMPORARY DEPUTY APPOINTMENT – LEGISLATURE WHEREAS, the Deputy Clerk of the Legislature is out on medical leave for a period of approximately one month, and WHEREAS, due to the timing of the medical leave, the Clerk of the Legislature severely needs a temporary Deputy to assist with the necessary ministerial duties that only the Clerk or Deputy Clerk can perform, and WHEREAS, County Law Section 401 allows for the appointment of deputies by heads of departments, and WHEREAS, the Personal Secretary to the Legislature has offered to fill said void on a temporary basis, and WHEREAS, the Personal Secretary has filled this void in the past with no remuneration, and the Clerk recommends that she should be compensated this time, and WHEREAS, funding may be available in the Legislative Personal Services account no. 1010.100, however a transfer within accounts may be necessary later in the year. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledge the appointment by Gail M. Hughey, Clerk, of Darlene M. Wetzel as Deputy Clerk to the Legislature, effective immediately until such time as the Deputy Clerk of the Legislature returns from medical leave, and BE IT FURTHER RESOLVED, that this Legislature hereby authorizes a temporary salary of $28,254 (base of grade) be paid to Darlene M. Wetzel to compensate her for the additional responsibilities during this temporary appointment. VOTE: Passed 8-0. RESOLUTION NO. 231 Motion by Larison, Second by Bingell. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 84 RE: RESOLUTION REQUESTING THE STATE’S IMMEDIATE INTERVENTION IN AUDITING CELLULAR PHONE COMPANIES TO ENSURE THE APPROPRIATE DISTRIBUTION OF SALES TAX WHEREAS, counties throughout the state rely heavily on sales tax and wireless surcharge dollars as revenue, and WHEREAS, a law was adopted two years ago requiring mobile telecommunication service surcharges to be billed to the customer’s primary residence, which has not been enforced, and WHEREAS, sales tax revenue from cellular phone use is being diverted to other counties due to cell phone providers assigning random three-digit prefixes, regardless of the buyer’s county of residence, and WHEREAS, county 911 cellular phone surcharges could also be diverted incorrectly. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby requests its state representatives to immediately intervene on its behalf to ensure Schuyler County receive its rightful share of cellular phone surcharges and 911 cellular phone surcharges, and BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to Senator John R. Kuhl, George Winner, the Inter-County Association of Western New York and all contiguous counties. DISCUSSION: Legislator Larison feels this needs to be addressed and would like Chairman Gifford to call the Public Service Commission and complain. VOTE: Passed 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMTTEES: Legislator Bleiler commended Legislators Bingell and Yuhasz, and the Committee for Education and Government that is working on the Susquecentennial celebration, for all their hard work. The next event is the USO Show on May 22nd, and will be held at the Watkins Glen High School Auditorium. He feels there has never been a more important time to recognize veterans. Legislator Larison commented that the Public Defender has to do her job and the budget she was given to work with is tight. He thought it interesting that they have to fund both the prosecution and the defense. Legislator Bingell reported on activities of the Highway Department, and specifically noted that the Highway webpage will be advertised with lots of helpful information about construction, road detours, etc. This page is about 75% complete. Legislator Yuhasz thanked Legislator Karius and the rest of the board for filling his shoes in his absence. He is glad to be back. Legislator Fagan reported that tomorrow morning at 8:30 a.m. there will be a presentation from a Tompkins County representative on their experience with their water/sewer project. The public is welcome to attend. PUBLIC PARTICIPATION: None. The Meeting adjourned at 6:55 p.m. Gail M. Hughey, Clerk REGULAR MEETING JUNE 14, 2004 The June 14, 2004 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present. Assistant County Attorney Morris was also present. 6:30 P.M. - PRESENTATION BY MR. BILL SIMON ON THE MEDICAL RESERVE CORP: Marcia gave the legislators a handout (on file) regarding the Citizen Corp and Medical Reserve Corp. Mr. Bill Simon explained that it is like the peace corp. This group was started nationally and has now come down to a local level. Each community is asked to create one. Our Emergency Management, Public Health, RSVP and American Red Cross agencies and all other important players are involved when something happens such as terrorism or a flu epidemic. It is lead locally with local volunteers. This county is ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 85 looking for Emergency Medical Technicians (EMT), nurses and all other people familiar with medicine. They would train them so they could respond in the event of a crisis. They have scaled levels of involvement. They find retired citizens have more time. This presentation tonight was just to inform the public and the Legislature of this group and its efforts. They did hold a drill on June 7th and it went smoothly. He thanked the Legislature for their time. PUBLIC PARTICIPATION: Pat Hastings said she is here to discuss the county administrator position and the Resolution authorizing an agreement with SUNY Binghamton. She feels they are throwing their money away on the SUNY Binghamton agreement. If it is to help the Legislature learn, then okay, however it takes a lot of time from department heads. The administrator position has been a fifteen-year project. She feels the power of this government lies in the hands of the Legislature, not an administrator. An administrator would work for the Legislature. She feels part-time Legislators do not have the time to look into programs, etc. She does not feel department heads are afraid of an administrator. Since the appropriate funding is not in the budget, she suggested taking the $15,000 from the SUNY agreement and use it towards advertisement for the administrator. She also suggested having another administrator from another county or a group of management from county businesses to help with the selection process. She feels it should not be legislators doing it based on past experience. She also hopes the Legislature is unanimous in its vote for the administrator. John Merrill from the Town of Hector spoke in favor of the administrator position. There are good examples of how an administrator can be a good thing, school boards are one of them. This is the time to do it. You have been at this question for many years. He sits on the shared services committee and it is sometimes tough to get information. They are looking for one person to go to, how to bring it together or get information. He urges a unanimous consideration for this position. Sue Brill said she has heard a nasty rumer that the county is looking at eliminating the Schuyler County Civil Service Department. Chairman Gifford explained that the county is looking at many ways to share services, and this is just one area that is being explored. Bruce Adams spoke in support of a county administrator. To him it is a simple proposition. He understands those opposing it have financial reasons or fear loss of control. His concern is that this Legislature deal with policy and not be consumed in day to day manners. He said it is sometimes difficult to talk with the Legislature, he hopes that the administrator would free all of them of difficult tasks. Jim Preston spoke in favor of the administrator. He was pleased in year 2000 when the county hired one, and disappointed in what happened with him. He feels the long- term key is to have the Legislature be the leader with vision, policy and change and leave day-to-day operations to the administrator. He feels it is cost effective over the long run. He encourages an unanimous vote. Barbara Halpin stated that she has not heard from the State in reference to any amendment to the Empire Zone boundary revision. She reminded them that the Zone Administration Board has recommended putting thirteen zones in Tompkins County. She considers it a trade off. She also reminded them that they have proposed putting 24 businesses in the county to bring in about $12 million along with 186 full time and 40 part time jobs. That does not count the businesses already in Watkins Glen that will benefit from this zone revision. She feels it is large and has a tremendous potential and ripple effect for the County of Schuyler. Sue Brill stated that in the past the constituents voted a County Manager down and the administrator the Legislature hired was disastrous. She asked if the Legislature would consider having the unions involved with the selection process. RESOLUTION NO. 232 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE MAY 10, 2004 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the May 10, 2004 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 233 Motion by Karius, Second by Yuhasz. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 86 RE: DESIGNATE THE SCHUYLER COUNTY PLANNING COMMISSION AS LEAD AGENCY FOR SEQR REVIEW OF THE COMPREHENSIVE PLAN WHEREAS, the Schuyler County Legislature received Part I of a Full Environmental Impact Assessment Form for the County’s Comprehensive Plan, and WHEREAS, the Schuyler County Legislature is requesting that the County Planning Commission assume lead agency for the project to review the SEQR and report back to the Legislature with its findings. NOW, THEREFORE, BE IT RESOLVED, that the County Planning Commission will assume lead agency status for the County Comprehensive Plan, and BE IT FURTHER RESOLVED, that after review of the Draft Generic Environmental Impact Statement and other information, the County Planning Commission will determine if the County’s Comprehensive Plan will have any significant environmental impact and report back to the Legislature in order for a declaration to be prepared. VOTE: Passed 8-0. RESOLUTION NO. 234 Motion by Karius, Second by Yuhasz. RE: AUTHORIZATION TO COMMIT NOT MORE THAN $12,500 FROM FY 2005 BUDGET FOR THE PURPOSE OF FUNDING A STUDY OF THE FEASIBILITY OF VARIOUS INTER-MUNICIPAL AND COUNTYWIDE WATER AND WASTE WATER SYSTEM ORGANIZATIONS WHEREAS, Schuyler County participated in a county-wide water and waste-water study, completed in July 2003, that identified and prioritized water and wastewater improvements for economic development, and WHEREAS, Schuyler County is desirous of pursuing a study to determine the feasibility of establishing various forms of infrastructure organization for the implementation, management and operation of identified services, including special use districts, shared services, inter-municipal agreements, and county-wide authorities or other appropriate entities, and WHEREAS, the Appalachian Regional Commission's Area Development Program has grant funds available to fund fifty per cent of the cost of such work, with the balance to be paid by a local cash match, and WHEREAS, Schuyler County Partnership for Economic Development will submit an application requesting $25,000 for this project, will commit up to $12,500 in cash, and will be the lead agency. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County will commit matching funds not to exceed $12,500 from its FY 2005 budget for the purpose of funding this study, with the understanding that these funds will be spent only if the grant and project are approved by ARC. VOTE: Passed 8-0. RESOLUTION NO. 235 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE ADVERTISEMENT FOR POSITION OF COUNTY ADMINISTRATOR AND CREATION OF SELECTION COMMITTEE THEREFOR WHEREAS, the position of County Administrator has been vacant since November, 2001, and WHEREAS, the Legislature feels it is prudent to re-fill that position, and WHEREAS, steps have been taken to effectuate this change successfully, such as amendment of the County Legislature’s Rules of Procedure, and WHEREAS, to continue that progress, the Management and Finance Committee intends to:  Review the job description with the County Attorney and make recommendations for revisions if necessary  Develop a plan for office space and staffing  Make recommendation for County Administrator budget for the remainder of the year and recommend transfer from contingency to fund the same. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to appoint a County Administrator Selection Committee which shall be responsible for:  Development of advertisement and circulation plan  Screening of candidates  Interviewing of selected candidates, and BE IT FURTHER RESOLVED, that the membership of the County Administrator Selection Committee shall consist of: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 87 Thomas Gifford, Legislative Chair Management and Finance Committee Members Gail Hughey, Human Resources Manager Michael Maloney, Sheriff Nick Paradiso, Jr., and BE IT FURTHER RESOLVED, that the Selection Committee shall be advisory only and shall submit all of its findings and recommendations to the Legislature for consideration, and BE IT FURTHER RESOLVED, that upon complete review of the job description by the Management and Finance Committee, and approval of same by the Legislature, the Selection Committee shall be authorized to immediately proceed with the above-state charge, and BE IT FURTHER RESOLVED, that it is understood that further consideration will have to be made at a later date to transfer funding from Contingency account for said advertisement expenses. DISCUSSION: Legislator Larison read from a statement. “Mr. Chairman and colleagues, it appears to me that we are rushing into a county manager and not investigating job descriptions from other counties. I suggested this to the Chairman two years ago. I would think this step would warrant more than just believing the knight will solve everything when we have not laid the groundwork. Rule 32 diminishes legislators’ responsibilities to do their job of representing the people that elect them. Remember it takes five to get anything approved, not just the Chairman. It has been said that we need someone for the day-to-day operations. Who is doing it now? The department heads plan the work to be done with approval of the committee, then the Legislature. We, as a Legislature only provide the rules, personnel, and money for them to do their jobs. This system has worked for 150 years. It has been said that schools have administrators. In schools the department heads are the highest ranking in the academic areas. They teach and are not administrators, like our department heads. The Legislature seems bent on hiring an administrator. Well, let’s do it right this time and take time to make rules we can all work with”. Legislator Slusser explained that they changed the rules so that the administrator will not have to do his/her job with direction from eight different people (legislators). Legislator Larison feels the previous administrator failed because he was a failure and did not do a good job. He feels the administrator was the problem. He is not opposed if the program is designed appropriately. Legislator Slusser feels the point about the administrator not working with the department heads is wrong. All department heads will report to the administrator and the administrator will bring issues to the Legislature for decision making. It does not preclude, it encourages the administrator to work with department heads. Legislator Bingell feels they do not need an administrator as much as they need a budget officer. If this Resolution passes, there will be approximately $5-8,000 dollars needed to advertise properly and the person will not be able to start until late Fall. She feels the administrator will not be able to be a budget officer that late in the game. If the Legislature spends the $40,000 for three months of salary, they will have taxpayers paying more for less services. She feels they have done well with the budget and providing services. To add another level of government does not make government smaller. She feels doing this without the funds in the budget is irresponsible. She feels the legislators and Chairman need to do their job. Legislator Slusser said the definition of a legislator is a person who makes the laws, not manage day-to-day operations. He feels the sooner they get an administrator on board, the sooner they will reach their goals as a Legislature. Legislator Larison noted when the Chairman takes time off, the county is being run by department heads. He is not objecting to how much time the Chairman takes, but pointing out the fact that the day-to-day operations are not suspended in time while he is gone. He feels they need to do a better job of screening applicants and create a better job description before they hire someone. Legislator Bleiler stated that he has always agreed in the concept of an administrator for the county. He was disappointed at the failed attempt of the first one. The rule changes should make it easier. He still supports the concept, he just cannot vote yes on the resolution tonight. He feels there are too many unknowns, financially. The Legislature is not sure where the contingency account will stand at the end of the year, and feels they have already taken too much from contingency so far this year. They do not have a state budget yet, either. He would like to be farther in the year before he approves this move. He feels a lot of things could go either way. In a month or two they will be right in the budget process. This would be committing the Legislature to ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 88 something next year and they might have to eliminate positions next year. He suggested building the budget and include the position in the 2005 budget. Legislator Karius feels they have worked on this enough. She has had no phone calls from her district constituents opposing this position. VOTE: Passed 5-3. Noes: Bleiler, Larison, Bingell. RESOLUTION NO. 236 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH SCHUYLER COUNTY YOUTH BUREAU – PUBLIC HEALTH WHEREAS, the Schuyler County Health Department is responsible for the Early Intervention Program, and WHEREAS, The Schuyler County Health Department receives funding from NYS Department of Health for the administration of this program, and WHEREAS, the Schuyler County Youth Bureau, through its Families First program, has agreed to provide some of the administrative services and coordination for the above program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the Schuyler County Youth Bureau for the administration and coordination of the Early Intervention Program, effective October 1, 2003 through September 30, 2004, in an amount not to exceed $7,500, funds available in the Public Health budget, account no. 4010.400-4011, with no local share cost, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 237 Motion by Larison, Second by Bingell. RE: AUTHORIZE WAIVER OF PROFESSIONAL LIABILITY INSURANCE COVERAGE FOR HEALTH CARE COMPLIANCE ENTERPRISE – COMMUNITY SERVICES WHEREAS, Health Care Compliance Enterprise provides compliance review and consultation services to the Health Services Department, and WHEREAS, the liability insurance coverage carried by Health Care Compliance Enterprise does not meet the insurance standards required by Schuyler County in that they carry general liability only and not professional liability coverage, and WHEREAS, the services provided by Health Care Compliance Enterprise are consultative in nature and do not expose Schuyler County to a high level of risk. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature waives the professional liability insurance requirement for Health Care Compliance Enterprise for the 2004 contract, and any subsequent contract renewals, provided that the general liability coverage remains in effect as evidenced by a valid certificate of liability insurance. VOTE: Passed 8-0. RESOLUTION 238 Motion By Larison, Second by Bingell RE: AUTHORIZE CONTRACT RENEWAL WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT FOR TRANSPORTATION SERVICES FOR 2004-2005 – COMMUNITY SERVICES WHEREAS, the Community Services Department currently contracts with the Watkins Glen Central School District for transportation services, and WHEREAS, continuation of these services would be beneficial to the delivery of mental health services to the residents of Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the Watkins Glen Central School District for the provision of transportation services, for the period July 1, 2004 through June 30, 2005, at an hourly rate of $30, total annual amount not to exceed $39,000, such amount provided for in the 2004 Mental Health budget, account 4310-435; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 239 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH SMITH PAULISON FOR CONSULTATION SERVICES FOR 2004 – COMMUNITY SERVICES WHEREAS, the Community Services Board is in need of training for its members in the areas of procedural rules, duties and responsibilities, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 89 WHEREAS, this training would be beneficial to the continued development of the Community Services Board and improve its efficiency and effectiveness, and WHEREAS, Smith Paulison is qualified to provide the training for the Community Services Board. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Smith Paulison for training services for the period July 1, 2004 through December 31, 2004, at an amount not to exceed $1,000, such amount provided for in the 2004 Mental Health budget, account 4310.435-4316, with no local share cost, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 240 Motion by Larison, Second by Bingell. RE: AUTHORIZE DISTRIBUTION AGREEMENT WITH MCKESSON CORP. FOR MEDICATIONS AND AMEND THE 2004 BUDGET – COMMUNITY SERVICES WHEREAS, the Mental Health Clinic dispenses prescription medications to clients as part of the treatment services provided by the Clinic, and WHEREAS, there are some medications prescribed for treatment that are not available through local pharmacies, and WHEREAS, McKesson Corp. is able to provide the needed prescription medications by mail order that are not available locally, and WHEREAS, reimbursement for medications will be made by third party insurances. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a distribution agreement with McKesson Corp. for the procurement of medications, the cost of which will be initially borne by the County, with reimbursement from third party insurance, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer make the following amendments to the 2004 Mental Health Budget: ACCOUNT NO. DESCRIPTION AMOUNT 4310.429 Medical Supplies + $ 3,000 4310-1620 Mental Health Fees + $ 3,000 VOTE: Passed 8-0. RESOLUTION NO. 241 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH ANDREW SEUBERT FOR CONSULTATION SERVICES FOR 2004 – COMMUNITY SERVICES WHEREAS, the Community Services Department is in need of specialized training and consultation services in the specific treatment modality known as Eye Movement Desensitization and Reprocessing, and WHEREAS, provision of these services would be beneficial to the operation of the Mental Health Clinic, and WHEREAS, Andrew Seubert, MA, NCC, is qualified to provide the specialized training and consultation services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Andrew Seubert for consultation and training services for the period July 1, 2004 through December 31, 2004, in an amount not to exceed $1,000, such amount provided for in the 2004 Mental Health budget, account 4310.435.4316, at no local share cost, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 242 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH MENTAL HEALTH ASSOCIATION FOR 2004 – COMMUNITY SERVICES WHEREAS, there is an ongoing need to provide prevention, education, and advocacy activities associated with mental health, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 90 WHEREAS, funding is available in the 2004 Mental Health budget account 4310.435 to pay for these activities. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the Schuyler County Mental Health Association for the provision of prevention, education, and advocacy activities for the period 7/1/04 through 12/31/04, in an amount not to exceed $1,000, such amount provided for in the 2004 Mental Health budget, account 4310.435, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 243 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH THE ARC OF SCHUYLER COUNTY GLEN INDUSTRIES FOR PEER SPECIALIST FOR 2004 – COMMUNITY SERVICES WHEREAS, there is a need for increased job training opportunities for the mentally ill, and for mental health consumers to have an increased role in mental health treatment and delivery, and WHEREAS, there is a need for increased mental health peer advocacy to raise the community profile of mental health consumers, and WHEREAS, the Office of Mental Health has approved funding for the Arc of Schuyler County to provide this needed service. NOW, THERFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an agreement with The Arc of Schuyler County to provide for peer specialist employment services for the period May 1, 2004 through December 31, 2004 at a cost of $10.47 per hour for approximately 30 hours per week, in an amount not to exceed $17,139 annually, at no cost to the County, funding available in the 2004 Mental Health budget account 4310.435, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 244 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT FOR SCHOOL SUPPORT SERVICES FOR 2004-2005 – COMMUNITY SERVICES WHEREAS, the Community Services Department currently contracts with the Watkins Glen Central School District for school support services and such contract will expire on June 30, 2004, and WHEREAS, continuation of these services would be beneficial to the delivery of mental health services to the students of Schuyler County schools, and WHEREAS, continuation of funding from the New York State Office of Mental Health is pending. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the Watkins Glen Central School District for the provision of school support services, for the period July 1, 2004 through June 30, 2005, pending the continuation of funding from the New York State Office of Mental Health, such amount unknown at this time; with no local share cost, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 245 Motion by Bleiler, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES – PUBLIC HEALTH WHEREAS, Resolution No. 194-04 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 Arc for transportation of preschool handicapped children to and from Frank Pierce Early Childhood Center, SCT BOCES Program, Horseheads and Yates Arc/Keuka Lakes Schools from July 1, 2004 to June 30, 2005 in the amount of $140 per child per day plus $10 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for transportation of preschool handicapped children to and from Franziska Racker Centers and Chemung County UCP from July 1, 2004 to June 30, 2005 in the amount of $145 per child per day plus $10 per additional child be, and hereby is, accepted, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 91 BE IT FURTHER RESOLVED, that the bid from Birnie Transportation for transportation of preschool handicapped children to and from Pathways Preschool Program from July 1, 2004 to June 30, 2005 in the amount of $180 per child per day plus $18.00 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for miscellaneous transportation of preschool handicapped children from July 1, 2004 to June 30, 2005 in the amount of $1.50 per mile be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that since certain students may be eligible for transport by a parent, school district or public transportation, this award is not an exclusive contract for services, and BE IT FURTHER RESOLVED, that contracts necessary to carry out such transportation services are hereby authorized for signature by the Chairman of this Legislature, funding available in the 2004 budget, account no. 2960.440-Contractual; contracts subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 246 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CONTRACT WITH THE NEW YORK STATE DIVISION OF VETERANS AFFAIRS WHEREAS, the Schuyler County Veteran Service Agency has been offered a grant of $1,860 by the New York State Division of Veterans Affairs for the purpose of veterans counseling services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with the New York State Division of Veterans Affairs in the amount of $1,860 for veterans counseling services for the term of April 1, 2003 through March 31, 2005; subject to the approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 247 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE FILLING AN ON-CALL MEAL DELIVERER POSITION – OFFICE FOR THE AGING WHEREAS, Resolution No. 439-03 requires a resolution to fill any and all vacancies, and WHEREAS, the Schuyler County Office for the Aging, as a vital part of its mission, delivers on the average over two thousand home delivered meals a month to residents of Schuyler County who are sixty years and older, and WHEREAS, there are presently three part-time Meal Deliverer positions that deliver these nutritious meals and from time to time due to illness, vacation, or other matters they are unavailable to work, and WHEREAS, to be able to continue to deliver the large number of meals every month it is vital to have an on-call meal deliverer that is available to work during the absences of the part-time drivers and work only on a “as needed” basis, and WHEREAS, one of the two present on-call drivers has given notice that she will be leaving in June 2004, and WHEREAS, funds for the payment of this On-Call Meal Deliverer have previously been budgeted and provided for by Title III B of the Older Americans Act and the Schuyler County Budget, and this is a non- competitive position requiring no civil service testing. NOW, THEREFORE, BE IT RESOLVED, that the Director of the Office of the Aging be hereby authorized to fill the pending vacant, On-Call Meal Deliverer position at an hourly rate of $10.05, effective upon the retirement of the incumbent in June 2004. VOTE: Passed 8-0. RESOLUTION NO. 248 Motion by Bingell, Second by Larison. RE: ACCEPT DONATIONS FOR THE FAMILY RESOURCE CENTER – YOUTH BUREAU WHEREAS, The Family Resource Center is a newly formed organization created to assist parents and day care providers, along with their preschool children, with development of interaction and parenting skills, and WHEREAS, The Center needs the Youth Bureau to accept donations on its behalf until such time as it is up and running on its own. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 92 NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorize the Schuyler County Youth Bureau to accept donations on behalf of The Family Resource Center, said funds to be used for necessary expenses for The Center, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to create the necessary, dedicated expense and revenue line items to effectuate the above. VOTE: Passed 8-0. RESOLUTION NO. 249 Motion by Bingell, Second by Larison. RE: DECLARE EQUIPMENT JUNK – PUBLIC HEALTH WHEREAS, the Public Health Department has an unusable fax machine, and repair costs are unjustified. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said fax machine as junk, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor remove said fax machine and dispose in the proper manner. One Canon CFX-L3500 Plain Paper Fax S/N 15992 VOTE: Passed 8-0. RESOLUTION NO. 250 Motion by Bingell, Second by Larison. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE ADMINISTRATIVE UNIT CSEA FOR CLARIFICATION OF DISABILITY INSURANCE LANGUAGE WHEREAS, the County and the Union are parties to a collective bargaining agreement, and WHEREAS, the Disability Insurance language in prior contracts has been consistent since at least 1994, and WHEREAS, the language was erroneously changed in the current 2003-2006 collective bargaining agreement, and WHEREAS, the County and the Union agree that the language is a typographical error and have agreed to correct the language to reflect not only past practice, but New York State Disability Law, and WHEREAS, the County and the Union now wish to document the terms of their agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a Memorandum of Agreement with the Administrative Unit CSEA to allow the Disability Insurance language in the 2003-2006 contract to read as follows: DISABILITY INSURANCE Disability insurance coverage shall be provided to each employee as covered by all applicable laws at the sole expense of the Employer. Disability insurance will not be utilized until an employee has utilized his own sick accruals, as well as the sick leave bank if applicable. VOTE: Passed 8-0. RESOLUTION NO. 251 Motion by Bingell, Second by Larison. RE: AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax receipts for the period October 1, 2003 through March 31, 2004, pursuant to Section 261 of the New York State Tax Law, and the same has been apportioned to the various municipalities thereto. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to pay the respective towns and villages of Schuyler County those amounts listed on Exhibit attached hereto. VOTE: Passed 8-0. RESOLUTION NO. 252 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT AMENDMENT WITH SOUTHERN TIER CENTRAL REGIONAL PLANNING AND DEVELOPMENT & D) BOARD WHEREAS, the 2004 contract with the & D Board was previously amended from fifteen (15) days at a cost of $4,722.45 to thirty (30) days at a cost of $9,444.90, and WHEREAS, with the Coordinator of Information Technology position still vacant, it is necessary to amend this contract by an additional fifteen (15) days, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 93 WHEREAS, there is funding available in the Information Technology budget that has been transferred from salaries that can be put towards this contract increase. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to amend the contract with the & D Board for technical assistance for the year 2004 to add another fifteen (15) days to the current amended contract of thirty (30) days, at an additional cost of $4,722.45, funding available in the 2004 budget, account no. 1680.400-Contractual; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 253 Motion by Bingell, Second by Larison. RE: AUTHORIZE CORRECTION FOR INSURANCE BUY-OUT OFFER FOR 2004 WHEREAS, Legislator Bleiler and Legislator Bingell were erroneously informed as to their eligibility for the insurance buy-out when the program was established, and WHEREAS, the Legislature is desirous of correcting this error for the year 2004. NOW, THEREFORE, BE IT RESOLVED, that the Human Resources Office be authorized to allow Legislator Delmar F. Bleiler, Jr. and Legislator Sharon S. Bingell to submit the necessary paperwork and required documentation for the insurance buy-out for the year 2004. VOTE: Passed 6-0. Abstain: Bleiler, Bingell. RESOLUTION NO. 254 Motion by Bingell, Second by Slusser. RE: ACCEPT PROPOSAL FROM SCHAMEL BROTHERS CONSTRUCTION FOR REMOVAL OF STRUCTURE ON COUNTY OWNED LAND IN BURDETT WHEREAS, the County took title to a property with a rundown building in the Village of Burdett for unpaid taxes, which was not sold at Tax Auction, and WHEREAS, it is in the best interest of the County to demolish said building due to liability issues. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Schamel Brothers Construction for demolition of said building at a cost of $5,875.00, contract subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to transfer $5,875.00 from Contingency account no. 1990.500 to Expense-Property Acquired for Taxes account no. 1364.400. VOTE: Passed 8-0. RESOLUTION NO. 255 Motion by Bingell, Second by Slusser. RE: AUTHORIZE CONTRACT WITH SUNY BINGHAMTON FOR BUDGET PROJECT WHEREAS, SUNY Binghamton has proposed to prepare and present to the Legislature, a performance based budget document with detailed instructions for its implementation and continued maintenance by county staff, and WHEREAS, the Legislature is desirous of having an additional budget document, which will serve not only as a helpful tool for management, but as an informational piece for the public. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with The Research Foundation of SUNY Binghamton for the above budget project at a cost of $15,580, said project to begin July 1, 2004 and end December 31, 2004; contract subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to transfer $15,580 from Contingency account no. 1990.500 to Legislative account no. 1010.435 for payment of said contract. DISCUSSION: Legislator Larison said he cannot vote for this, he feels it is an improper thing to do. Legislator Karius said she will also vote no, she feels they should spend this money on advertising for an administrator. VOTE: Passed 6-2. Noes: Karius, Larison. RESOLUTION NO. 256 Motion by Bingell, Second by Slusser. RE: ACCEPT/REJECT BIDS FOR HARVESTING OF TIMBER IN COUNTY OWNED FOREST – BUILDINGS AND GROUNDS ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 94 WHEREAS, Resolution No. 340-03 authorized the hiring of a forester and bidding out all marketable timber, and WHEREAS, Empire State Forestry Service has been hired and all timber has been marked and bid. NOW, THEREFORE, BE IT RESOLVED, upon recommendation from the Public Works Committee the bid from Owego Contracting Co., Inc. in the amount of $23,300.00 be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the following bids be rejected: Hector Logging & Trucking, $20,500.00 Baillie Lumber Company, $12,280.00, and BE IT FURTHER RESOLVED, that all revenues received be deposited into Buildings and Grounds account no. 1620-2652, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign any and all contracts necessary; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 257 Motion by Bingell, Second by Yuhasz. RE: ADOPTION OF ADMINISTRATIVE POLICY FOR ALL DEPARTMENTS – HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT WHEREAS, the federal government adopted the Health Insurance Portability and Accountability Act (HIPAA) Of 1996, requiring Schuyler County to develop and implement a policy and guidelines to protect sensitive health information, and WHEREAS, a HIPAA Steering Committee was formed and worked with a professional consultant to develop guides, processes and procedures to assist the county with HIPAA compliance, and WHEREAS, the Steering Committee was dissolved and the Administrative Oversight Committee was formed to monitor compliance with the provisions of HIPAA, to develop policy recommendations for the Legislature, and to address other HIPAA matters as they may arise, and WHEREAS, the Administrative Oversight Committee has reviewed and revised as necessary all the guides, processes and procedures for the County’s HIPAA Policy and recommends adoption thereof. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the attached HIPAA Administrative Policy for all county departments, effective immediately. VOTE: Passed 8-0. RESOLUTION NO. 258 Motion by Bingell, Second by Yuhasz. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.6330 AND ASSEMBLY BILL A.9999, AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO CERTAIN STATE LANDS SUBJECT TO TAXATION FOR ALL PURPOSES BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature pass Senate Bill S.6330 and Assembly Bill A.9999 to adopt special legislation, an act to amend the Real Property Tax Law, in relation to certain state lands subject to taxation for all purposes, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator John R. Kuhl, Jr., New York State George H. Winner, Jr. and to the Majority and Minority Leaders of the New York State Assembly and Senate. VOTE: Passed 8-0. RESOLUTION NO. 259 Motion by Bingell, Second by Yuhasz. RE: APPROVAL OF APPLICATION FOR CORRECTED TAX ROLL – TOWN OF HECTOR WHEREAS, an application for correction of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL) for parcel 57.00-1-2.1 owned Gilbert Ireland in the Town of Hector, and WHEREAS, the assessor has certified that the property owner applied for and is eligible to receive a disabled veterans exemption pursuant to RPTL S. 458-a, and WHEREAS, the property owner has already paid the first installment on the incorrect bill in the amount of $798.19, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 95 EXHIBIT MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES OCTOBER 1, 2003 THROUGH MARCH 31, 2004 In Assessed Out Assessed Total Value Total Dbid. Vill. Share Town Share Distribution Percentage Catharine 11,596,190 35,237,280 46,833,470 93,666,940 695.95 4,925.52 5,621.47 12.3802 Cayuta 20,032,176 20,032,176 40,064,352 1,755.66 1,755.66 0.0000 Dix WG 75,222,217 73,225,279 151,567,266 303,134,532 6,215.38 18,573.90 25,047.06 24.8148 Dix MF 3,119,770 257.78 1.0292 Hector 7,962,925 183,876,850 191,839,775 383,679,550 960.12 45,301.69 46,261.81 2.0754 Montour-OD 2,670,063 27,048,538 64,960,604 129,921,208 250.57 8,634.52 12,192.34 2.0551 Montour-MF 35,242,003 3,307.25 27.1257 Orange 62,190,550 62,190,550 124,381,100 7,108.04 7,108.04 0.0000 Reading 11,416,123 95,528,445 106,944,568 213,889,136 620.06 10,997.16 11,617.22 5.3374 Tyrone 84,049,343 84,049,343 168,098,686 11,370.26 11,370.26 0.0000 TOTALS 147,229,291 581,188,461 728,417,752 1,456,835,504 12,307.11 108,666.75 120,973.86 74.8178 APPROVED BY COMMITTEE: /s/Daryl L. Slusser /s/Delmar F. Bleiler /s/Sharon S. Bingell ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 96 /s/Dennis A. Fagan ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 97 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 Governmental Operations Committee to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll be adjusted to reflect a corrected total tax due of $1,221.03 and an amount due of $435.05 for the second installment, and BE IT FURTHER RESOLVED, that the County Treasurer chargeback $119.86 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. VOTE: Passed 8-0. WITHDRAWN RE: AUTHORIZE TRANSFER OF FUNDS FOR BATTERY BACK UP – BOARD OF ELECTIONS - WITHDRAWN WHEREAS, the Board of Elections is in need of a new Battery Back Up in the amount of $56.53, and WHEREAS, there are no funds available in their equipment line item for this purchase. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $56.53 from Contingency Account 1990.500 to account no. 1450.207-Computer Equipment for said purchase. RESOLUTION NO. 260 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE FILLING VACANT PART-TIME TYPIST POSITION AND TRANSFER FROM CONTINGENCY ACCOUNT – PROBATION WHEREAS, the Probation Department has had the position of Typist, Part-Time, vacant since February 20, 2003, and WHEREAS, said Department has been operating with only one full-time clerical position with an ever- increasing workload and ever-increasing demands on her time, since that time, and WHEREAS, the burden on the Department generally, and the Account Clerk Typist specifically, has been unreasonable, with a tremendous backlog current in existence, and WHEREAS, there are some funds available to fund the vacant position in the current budget, additional State Revenues to be reaped as well as a savings of $3,605.00 in unutilized fringe benefits to offset this expense. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the Probation Director to fill the position of Typist, Part-Time, at an hourly rate of $10.87 per hour, the 2004 contractual rate, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following account transfers: +$5,133.00 3140.100 Probation Personal Services - $3,777.00 1990.500 Contingency Account +$1,356.00 3140-3310 State Aid - Probation Summary: +$5,133 From contingency to fund position from 8/1/04 through 12/31/04 - 1,356 Additional State Aid +3,777 Net Subtotal Local Share - 3,605 Unutilized fringe benefits +172 Net Subtotal Local Share VOTE: Passed 7-1. No: Bleiler. RESOLUTION NO. 261 Motion by Larison, Second by Yuhasz. RE: ANNUAL UPDATE OF THE 2005 PINS DIVERSION PLAN - PROBATION DEPARTMENT ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 98 WHEREAS, Schuyler County previously applied for and received approval for the operation of the PINS Diversion Program under the mandatory PINS Diversion Law during 1987 and updated annually since then, and WHEREAS, this matter has been discussed by members of the Public Safety/Criminal Justice Committee of the Schuyler County Legislature and the recommendation of that Committee is that the PINS Diversion Planning Committee for the PINS Plan submit the required annual update. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be authorized to sign the update of the Plan on behalf of the County of Schuyler as well as any contract or agreement made a part of the Plan, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the PINS Diversion Planning Committee be authorized to submit said Plan to the State of NEW York, and BE IT FURTHER RESOLVED, that the previously appointed members of the PINS Diversion Panning and Assessment Committee continue to serve in that capacity. VOTE: Passed 8-0. RESOLUTION NO. 262 Motion by Larison, Second by Yuhasz. RE: RESOLUTION IN OPPOSTION OF ASSEMBLY BILL NO. A.04080 AND SENATE BILL NO. S.0887, WHICH WOULD AMEND THE PUBLIC HEALTH LAW IN RELATION TO THE REGULATION OF RESIDENTIAL SEPTIC SYSTEMS WHEREAS, New York State Assembly Bill No. A.04080 and New York Senate Bill No. S.0887 are currently pending in the State legislature, and WHEREAS, if said bills are enacted they would have a devastating effect on the development and economy of most rural areas of New York State, and WHEREAS, passage of said bills would represent a taking of millions of acres of land without compensating landowners, since said laws restricts the construction of residential septic systems on any site where: - there is not at least five feet of useable soil above impermeable deposits, bedrock or clay and five feet above high seasonal groundwater; - within 200 feet of any stream, river, lake or wetland; - on sites with a slope that exceeds fifteen percent and - raised systems elevated above the natural soil are prohibited. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby oppose passage of Assembly Bill No. A.04080 and Senate Bill No. S.0887, in their entirety, or in any form, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be forwarded to Governor George E. Pataki, Senate Majority and Minority Leaders, Speaker, Sheldon Silver, Assembly Majority and Minority Leaders, Senator John R. Kuhl, Jr., George H. Winner, Jr., and the Inter- County Association of Western New York. DISCUSSION: Legislator Fagan said there were concerns at the Legislative Resolution Review Committee (LRRC) from Legislator Bingell on this matter. He took those concerns to the Environmental Management Council (EMC) meeting that night and unfortunately they did not have a lot of time to review the bills. They had concerns about the economic impact, but for an environmental impact they supported the bills. Jim Howell, Watershed Inspector, also shared concerns of the impact. This is a significant change from 2 ft to 5 ft of usable soil. Also, the requirement for a 5 and 10-year evaluation of septic systems with no mention of mandatory evaluation at the time of property transfer, is a big change. For the buyer and the seller, it is much better to do this rather than a 5 to 10- year cycle basis, especially with low to moderate income families. He asked Jim to address the resolution. Jim Howell indicated that there was some good language in the bills. Jim pointed out that Senator Kuhl has offered another bill no. S.6897, which allows people to become certified in order to approve on-site wastewater plans rather than an engineer. Jim said a 10-year inspection is good, but with a mandatory cycle the homeowner would probably have to pay for it. He feels, as it stands now, himself and counter parts are opposed to both this original bill and amendment. Our local law covers some of the issues. He is totally in support of Senator Kuhl’s bill. With his bill, he could continue to do the work himself with certification classes. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 99 Motion by Legislator Fagan to amend the Resolution to not only oppose this bill, but to support Senator Kuhl’s other bill, Second by Legislator Larison. Legislator Bleiler suggested that since one bill is a positive and the other a negative, they be separate resolutions. Legislator Fagan withdrew his motion to amend. VOTE: Passed 8-0. RESOLUTION NO. 263 Motion by Larison, Second by Bingell. RE: AMEND 2004 CELEBRATIONS BUDGET WHEREAS, the Susquecentennial Committee has received more revenue than anticipated, thus requiring an amendment to the 2004 budget. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to amend the 2004 Celebrations budget, as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$2,871 7550.400 Contractual Expense +$2,871 7550-2705 Gifts and Donations VOTE: Passed 8-0. RESOLUTION NO. 264 Motion by Larison, Second by Bingell. RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2004 AMENDING LOCAL LAW NO. 1 OF 2003 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) WHEREAS, a proposed Local Law amending Local Law No. 1 of 2003 to revise an Empire Zone (Formerly Known as an Economic Development Zone) was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held April 12, 2004 at 7:00 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. 2 of the Year 2004, 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 2004, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2004 BE IT ENACTED, by the Schuyler County Legislature, as follows: Section 1. By Local Law No. 1-2003, this Legislature authorized an application for the designation of an Empire Zone relative to certain land within Schuyler County Empire Zone. Section 2. That the County of Schuyler has received Empire Zone approval from New York State. Section 3. By Local Law No. 12-2000, adopted on November 15, 2000, the Empire Zone was established. Section 4. By Local Law No. 1-2001, adopted on January 30, 2001, the Empire Zone was amended. Section 5. By Local Law No. 1-2003, adopted on February 27, 2003, the Empire Zone was amended. Section 6. It is the desire of this Legislature to authorize an application to revise the Empire Zone, to include 887.0789 acres located in Schuyler County and 13.65 acres located in Tompkins County. Section 7. The County of Schuyler is hereby authorized to submit an application to revise the Empire Zone to include the property described in Section 8 of this Local Law. Section 8. The boundary of the Empire Zone, as described in Local Law No. 12-2000, Local Law No. 1-2001, and Local Law No. 1-2003, shall be amended to include the properties generally described in Appendix A on file. Section 9. The Commissioner of the New York State Department of Economic Development is hereby requested to revise the boundaries of the Empire Zone in accordance with this Local Law. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 100 Section 10. In all other respects, Local Law No. 12-2000, Local Law No. 1-2001, and Local Law No. 1-2003, shall remain in full force and effect. Section 11. This Local Law shall take effect immediately subject to filing in the Office of the Secretary of State. VOTE: Passed 8-0. RESOLUTION NO. 265 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FOR PURCHASE OF COMPUTER – COUNTY ATTORNEY’S OFFICE WHEREAS, the First Assistant County Attorney’s computer needs replacement, per the recommendation of the county’s computer technical assistant consultant, and WHEREAS, there are absolutely no funds in the County Attorney’s 2004 budget for this necessary replacement. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer $618.97 from Contingency account no. 1990.500 to County Attorney account no. 1420.207 for purchase of a computer. VOTE: Passed 8-0. RESOLUTION NO. 266 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT WITH EBS BENEFIT SOLUTIONS – HUMAN RESOURCES WHEREAS, the County provides a flexible spending plan to its employees as required by union contract, and WHEREAS, changes to certain laws, such as IRS Regulations, the Health Insurance Portability and Privacy Act, etc., require the County’s Plan to be amended accordingly. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute any necessary contracts with EBS Benefit Solutions for the Human Resources Department the necessary Plan Document and Summary Plan Description Revision Services at a cost of $200, funding available in the 2004 Human Resources budget account no. 1430.435; subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that this authorization will remain in effect for all necessary Plan revisions as long as the cost remains the same and funding is appropriated therefore. VOTE: Passed 8-0. RESOLUTION NO. 267 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS – PUBLIC DEFENDER WHEREAS, the Public Defender’s 2004 budget has experienced some significant expenses due to an expert witness, as well as some outstanding 2003 assigned counsel bills. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer from Contingency account no. 1990.500 into the accounts and in the amounts as set forth below: AMOUNT ACCOUNT NO. DESCRIPTION +$3,000.00 1170.605 Assigned Counsel/Criminal Court +$1,850.00 1170.435 Professional Fees/Services VOTE: Passed 8-0. RESOLUTION NO. 268 Motion by Larison, Second by Bingell. RE: AUTHORIZE HIRING OF PERSONAL SECRETARY ON A TEMPORARY BASIS OR CONTRACT WITH TEMPORARY AGENCY – LEGISLATURE/ BUILDINGS AND GROUNDS WHEREAS, the Personal Secretary to the Legislature, which position is shared with the Buildings and Grounds Department, is out on medical leave for an undetermined length of time, and WHEREAS, there is a need to fill this position on a temporary basis, and WHEREAS, the incumbent’s medical leave is unpaid thereby leaving funds to pay someone on a temporary basis. NOW, THEREFORE, BE IT RESOLVED, that the Clerk to the Legislature and Building Maintenance Supervisor be hereby authorized to fill the Personal Secretary position on a temporary basis, hours to be negotiated but not to exceed 35 hours per week, at an hourly rate of $12.73 (minimum of Grade or hire from ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 101 a temporary agency within budget; funding available in Legislature account no. 1010.100 and Buildings and Grounds account no. 1620.100, until such time as the incumbent returns from medical leave. VOTE: Passed 8-0. RESOLUTION NO. 269 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE TWO RESOLUTIONS BE BROUGHT TO THE FLOOR BE IT RESOLVED, that two Resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 270 Motion by Larison, Second by Bingell. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.7397 AND ASSEMBLY BILL A.11493, AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN RELATION TO PROVIDING THAT THE ASSISTANT DISTRICT ATTORNEY OF THE COUNTY OF SCHUYLER NEED NOT BE A RESIDENT OF SUCH COUNTY BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature pass Senate Bill S.7397 and Assembly Bill A.11493 to adopt special legislation, an act to amend the Public Officers Law, in relation to providing that the Assistant District Attorney of the County of Schuyler need not be a resident of such county, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator John R. Kuhl, Jr., New York State George H. Winner, Jr. and to the Majority and Minority Leaders of the New York State Assembly and Senate. VOTE: Passed 8-0. RESOLUTION NO. 271 Motion by Larison, Second by Bingell. RE: RESOLUTION IN SUPPORT OF SENATE BILL NO. S.6897, WHICH WOULD AMEND THE PUBLIC HEALTH LAW IN REGARDS TO CERTIFICATION OF ON-SITE SEPTIC SYSTEMS WHEREAS, Senator John R. Kuhl, Jr. is sponsoring Senate Bill No. S.6897 which would amend the Public Health Law in regards to certification of on-site septic systems, and WHEREAS, this bill would exempt certain persons involved in the design and construction of small on- site wastewater treatment systems from certain requirements relating to the practice of a professional engineer or licensed land surveyor, and WHEREAS, this bill would alternatively require that a system be reviewed by an individual who has been certified by the New York State On-Site Wastewater Treatment Training Network or other entity approved by the Department, thus saving the homeowner the expense of paying for an engineer. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby support the passage of Senate Bill No. S.6897, in its entirety, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be forwarded to Governor George E. Pataki, Senate Majority and Minority Leaders, Speaker, Sheldon Silver, Assembly Majority and Minority Leaders, Senator John R. Kuhl, Jr., George H. Winner, Jr., and the Inter- County Association of Western New York. VOTE: Passed 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Bleiler reported on the Sesquicentennial celebration. There will be a Schuyler County float in the Italian/American Festival parade August 7th. He invites all employees and legislators to ride on the float. Legislator Larison reported on the Public Safety/Criminal Justice Committee. He attended the drill June 7th conducted by our Emergency Management Department. They had fourteen fire companies respond as well as people from Hazmat. Sitting in the command center was enlightening for him. He explained what they had to do with different agencies. This drill revealed some areas that need improvement. Legislator Bingell reported on the Public Works Committee. She asked Marcia to also report on the clinic drill held after the June 7th drill. Marcia said they pretended it was an Anthrax attack. They had to ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 102 go through an exercise of receiving the stockpile at the highway barns. They then had to distribute the vaccine to the hospital and to the Public Health Clinic. She felt it went well and was educational. Legislator Bingell feels they are remarkably prepared. Legislator Slusser reported on the Information Technology Advisory Committee. The committee has not met since his last report. They had to postpone today’s meeting until after a department head meeting tomorrow. Legislator Fagan reported on the Community Development & Natural Resources Committee. He discussed a letter of support the Legislature did for the Chamber of Commerce’s application for an Appalachian Regional Commission (ARC) Grant. He asked the County Planner to start looking at sites for the new visitor center. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:34 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk REGULAR MEETING JULY 12, 2004 The July 12, 2004 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Slusser and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Barb Halpin spoke on Resolution No. 273 regarding a feasibility study for the construction of a visitors’ center. She feels very strongly that the county is in need of a visitors’ center. The county hosts over one million visitors a year and it needs a facility to accommodate them. This feasibility study will really help move the idea forward. The study will also be taking a look at the organizational structure of the Chamber of Commerce. They are asking a number of partners to contribute towards the local match, with the county being one. She encouraged the Legislature to approve the resolution in support of this study, which is on the agenda tonight. RESOLUTION NO. 272 Motion by Bingell, Second by Larison. RE: APPROVE MINUTES OF THE JUNE 14, 2004 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the June 14, 2004 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. 273 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZATION TO COMMIT NOT MORE THAN $5,000 FROM FY2005 BUDGET FOR THE PURPOSE OF FUNDING A STUDY OF THE FEASIBILITY OF CONSTRUCTING A VISITOR CENTER IN WATKINS GLEN AND A PLAN FOR REORGANIZATION OF THE SCHUYLER COUNTY CHAMBER OF COMMERCE WHEREAS, the Schuyler County Chamber of Commerce is desirous of pursuing a study to determine the feasibility of constructing a Visitor Center in Watkins Glen and a plan for reorganization of the Chamber, and WHEREAS, the Appalachian Regional Commissioner’s (ARC) Area Development Program has grant funds available to fund fifty percent of the cost of such work, with the balance to be paid by a local cash match, and WHEREAS, the Schuyler County Chamber of Commerce has submitted an application requesting $25,000 for this project, will commit up to $25,000 in cash, and will be the lead agency. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature will commit matching funds not to exceed $5,000 from its FY 2005 budget for the purpose of funding this study, with the understanding that these funds will be spent only if the grant and project are approved by the ARC. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 103 VOTE: Passed 8-0. RESOLUTION NO. 274 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE FILLING VACANT SOCIAL WORKER ASSISTANT POSITION – COMMUNITY SERVICES WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Schuyler County Mental Health Clinic has a vacant Social Work Assistant position. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services/Public Health to fill the Social Work Assistant position, Grade 22, $15.38/hour in the Mental Health Clinic, effective immediately; funding is available in the year 2004 budget. VOTE: Passed 8-0. RESOLUTION NO. 275 Motion by Bingell, Second by Yuhasz. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY - DIRECTOR OF PATIENT SERVICES POSITION – PUBLIC HEALTH WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Schuyler County Home Health Agency has a vacant Director of Patient Services position, and the Director of Community Services/Public Health has selected a candidate, and WHEREAS, funding to fill this position is available in the year 2004 budget. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledges the appointment by George Roets, Director of Community Services/Public Health, of Lori Phillips as Director of Patient Services, and upon recommendation of the Human Resources Manager, sets the salary at $43,000 (Grade H in the Management/Confidential Salary Plan). VOTE: Passed 8-0. RESOLUTION NO. 276A Motion by Bingell, Second by Yuhasz. RE: AMEND RESOLUTION NO. 276 BE IT RESOLVED, that Resolution No. 276 be amended to fill three Registered Professional Nurse vacancies, two in Public Health and one in Community Services. VOTE: Passed 8-0. RESOLUTION NO. 276 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE FILLING VACANT REGISTERED PROFESSIONAL NURSE POSITIONS – PUBLIC AND MENTAL HEALTH – AS AMENDED WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, Schuyler County Public and Mental Health Departments have three full-time Registered Professional Nurse positions vacant (2 in Public Health and 1 in Mental Health) that need to be filled as soon as possible. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services/Public Health to advertise and fill three full-time Registered Professional Nurse positions, Grade 23, $16.22 per hour in the Public and Mental Health Departments, funding being available in the 2004 budget. VOTE: Passed 8-0. RESOLUTION NO. 277 Motion by Bingell, Second by Yuhasz. RE: ACKNOWLEDGE AUGUST AS NATIONAL IMMUNIZATION AWARENESS MONTH – PUBLIC HEALTH WHEREAS, vaccines have eradicated smallpox, eliminated wild poliovirus in the US and significantly reduced the number of cases of measles, diphtheria, rubella, pertussis and other diseases, and WHEREAS, vaccines offer safe and effective protection from infectious diseases, and WHEREAS, by staying up to date on the recommended vaccines, individuals can protect themselves, their families and friends and their communities from serious, life-threatening infections, and WHEREAS, getting immunized is a lifelong, life-protecting community effort regardless of age, sex, race, ethnic background or country of origin. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 104 NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledges August as National Immunization Awareness Month and recommends that all Schuyler County residents receive the appropriate vaccinations at appropriate times to ensure their protection and the protection of our community from preventable diseases. VOTE: Passed 8-0. RESOLUTION NO. 278 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE FILLING VACANT SENIOR REGISTERED PROFESSIONAL NURSE POSITION – COMMUNITY SERVICES WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Schuyler County Mental Health Clinic has one full-time Senior Registered Professional Nurse position, vacant effective July 23. 2004, and WHEREAS, the Mental Health Clinic needs to fill this position. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services/Public Health to fill a full-time Senior Registered Professional Nurse position, Grade 24, $16.69 per hour in the Mental Health Clinic, funding being available in the 2004 budget. VOTE: Passed 8-0. RESOLUTION NO. 279 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT WITH CONSTANCE FRABONI, RN, FOR NURSING SERVICES FOR 2004 – MENTAL HEALTH WHEREAS, Constance Fraboni, RN, has resigned her position as Senior Registered Professional Nurse effective July 23, 2004, and WHEREAS, Constance Fraboni, RN, has served the Mental Health Clinic for 10 years and has extensive knowledge of the Clinic operations, and WHEREAS, the person filling the Senior Registered Professional Nurse position will initially require training and assistance that Constance Fraboni, RN, has the knowledge and experience to provide. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Constance Fraboni, RN, for the provision of part-time nursing services for the period July 26, 2004 through December 31, 2004, at the hourly rate of $25, not to exceed $9,000 for the period of the agreement, such amount provided for in the 2004 Mental Health budget, accounts 4310.435 and 4310.435.4316, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 280 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AMENDMENT TO AGREEMENT WITH NEXT CENTURY SOFTWARE TO REFLECT CHANGE IN COMPANY NAME – COMMUNITY SERVICES WHEREAS, Schuyler County Mental Health has an existing agreement with Next Century Software to provide software maintenance to support the MD2000 system currently used by the Community Services Department, and WHEREAS, Next Century Software has recently merged with MedWisdom Inc. and will now be known as MedWisdom, Inc., and WHEREAS, the terms of the current agreement will remain in effect as written. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of Legislature be authorized to sign an amendment to the agreement with Next Century Software to reflect the change in company name to MedWisdom Inc., subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 281 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT WITH SCHUYLER HEAD START – COMMUNITY SERVICES WHEREAS, the Schuyler Head Start program is in need of the skills of a Staff Social Worker and a and WHEREAS, the Schuyler Head Start program will reimburse the Community Services Department for services provided from September 1, 2004 through June 30, 2005 in the following amounts: $50.00 per hour for the Staff Social Worker, up to four and one-half hours per week ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 105 $65.00 per hour for the up to one hour per week NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Schuyler Head Start from September 1, 2004 through June 30, 2005 to be renewed annually, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 282 Motion by Larison, Second by Bingell. RE: AUTHORIZATION TO FILL VACANT COOK MANAGER POSITION – OFFICE FOR THE AGING WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the previous Cook Manager has resigned from her position to become the Nutritional Coordinator for this Office, and WHEREAS, the position of Cook Manger is responsible for an array of duties including, but not limited to, assisting in menu selection, cooking and preparing all home delivered and congregate meals, direct supervision of all kitchen personnel, assisting in food and supply ordering, working with the Office Dietitian, helping to collect data on all participants use of nutritional services, assisting in participant eligibility determination, and coordination of congregate meal sites services, and WHEREAS, the Cook Manger is a vital position necessary to carry out the nutritional component of this Office’s mission, and WHEREAS, funds for the payment of this position have previously been budgeted and provided for by Title III C of the Older Americans Act, NYS Supplemental Nutritional Assistance Program, and the Schuyler County Budget. NOW, THEREFORE, BE IT RESOLVED, that the Office of the Aging Director be hereby authorized to hire a new Cook Manager at an hourly rate of $12.37, in Grade XII, effective immediately. VOTE: Passed 8-0. RESOLUTION NO. 283 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT WITH CATHOLIC CHARITIES WATKINS GLEN YOUTH CENTER – SOCIAL SERVICES WHEREAS, Schuyler County has an agreement with the Schuyler County Youth Center to provide enhanced programming in areas of home work assistance, domestic violence prevention and other services for children of or at risk of domestic violence, and WHEREAS, the Schuyler County Youth Center is now known as the Watkins Glen Youth Center, and WHEREAS, the State has advised Social Services of TANF funding available based on passing of the State budget, and WHEREAS, Social Services wishes to renew the agreement with the Watkins Glen Youth Center, (Catholic Charities) for the period June 1, 2004 through July 31, 2004, dependent upon notification of the State of the allocated funds. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Watkins Glen Youth Center (Catholic Charities) for the provision of youth programs for the period June 1, 2004 through July 31, 2004, funding pending notification of approval in the 2004 State Department of Social Services budget account no. 6010.552; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 284 Motion by Larison, Second by Bingell. RE: AUTHORIZATION TO EXTEND CONTRACT WITH FAMILY SERVICES SOCIETY FOR BIG BROTHER/BIG SISTERS PROGRAM – SOCIAL SERVICES WHEREAS, the agreement with Family Services Society for the Big Brothers/Big Sisters Program runs out September 30, 2004, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 106 WHEREAS, the Department of Social Services wishes to extend the agreement for the Big Brothers/Big Sisters Program for three months so as not to interrupt the mentoring and role modeling services provided for children at risk. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to extend the agreement with Family Services Society for an additional three months, October 1, 2004 through December 31, 2004, not to exceed $2,583, funding available in the 2004 budget account no. 6070.396; contract subject to approval by the County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 285 Motion by Bleiler, Second by Larison. RE: AUTHORIZE CONTRACT WITH STAFCARE OF NEW YORK, INC. DBA AMERICARE – SOCIAL SERVICES WHEREAS, Social Services districts are authorized pursuant to Section 365-a(2) of the New York Social Services Law and New York State Department of Social Services Regulation 18 505.124 and/or other department regulations to provide personal care services and LPN/RN nursing services to persons eligible to receive said services, and WHEREAS, the Department of Social Services is desirous of obtaining personal care services and LPN/RN nursing services to be rendered to recipients of medical assistance for which reimbursement is available pursuant to Title XIX of the Federal Social Security Act and applicable state law and which are eligible for reimbursement thereto. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Americare for the period June 1, 2004 through December 31, 2004, at no cost to the Social Services Department, subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 286 Motion by Bleiler, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS FOR TEMPORARY HELP – LEGISLATIVE OFFICE/ BUILDINGS AND GROUNDS WHEREAS, Resolution No. 268 authorized the Clerk of the Legislature and the Buildings Maintenance Supervisor to hire temporary help for their offices, and WHEREAS, they have hired a temporary secretary through Kelly Services and need to transfer funds from each of their personnel accounts to their contractual accounts to pay for said temporary secretarial services. 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. $1,350 1010.100-Personnel Services 1010.435–Professional Fees and Services $ 540 1620.100-Personnel Services VOTE: Passed 8-0. RESOLUTION NO. 287 Motion by Bleiler, Second by Larison. RE: AUTHORIZE CONTRACT WITH CIASCHI FIRM FOR 2003, 2004 & 2005 AUDITS – TREASURER’S OFFICE WHEREAS, the term of the contract with the county’s auditing firm is changing from a two year agreement to a three year agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Ciaschi, Dietershagen, Mickelson & Little Accounting firm for auditing of the FY 2003, 2004 & 2005 audits, with costs of $50,000, $44,200 and $44,700, respectively, funding available in the 2004 Treasurer budget account no. 1325.435; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 288 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH FISCAL ADVISORS FOR SENECA HARBOR PARK PHASE II BOND/WAIVE INSURANCE STANDARDS – TREASURER’S OFFICE WHEREAS, it is necessary for the Treasurer to contract with bond advisors for the Seneca Harbor Park ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 107 Phase II bond note, and WHEREAS, the County Attorney has stated that our insurance standards may be waived since the advisors simply provide information, and it is up to the Treasurer to make any decisions and/or take any action. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Fiscal Advisors for the Seneca Harbor Park Phase II Bond Issue, funding available from the proceeds of the bond; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the county’s minimum insurance standards be waived in this instance. VOTE: Passed 8-0. RESOLUTION NO. 289 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH SCHAMEL BROTHERS FOR RIGHT-OF-WAY – BUILDINGS AND GROUNDS WHEREAS, Schuyler County is getting ready to make major repairs to the Seneca Harbor Park breakwater, and WHEREAS, the Village of Watkins Glen has requested that the county not bring the heavy truck loads of stone in across their streets, and WHEREAS, the Schamel Brothers own part of the old Railroad siding yard from 4th Street to the East end of the Seneca Harbor Park property, and WHEREAS, the Schamels are agreeable to allowing the trucks traverse across their property. NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Legislature be hereby authorized to sign an easement for the above-described use, upon approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 290 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZED CHANGE ORDER NO. 1 WITH EDGER ENTERPRISES – BUILDING AND GROUNDS WHEREAS, the Village water line that crosses the Seneca Harbor Park, Phase II Project was found to be not as deep as had been reported, and WHEREAS, to maintain protection from frost the water line needs to be maintained at a depth of four feet, and WHEREAS, in order to maintain that depth, the parking lot elevation needs to be raised six inches above the planned elevations. NOW, THEREFORE, BE IT RESOLVED, that Change Order No. 1 to the Edger Enterprise, Inc. contract in the amount of $10,000 be approved to provide the additional parking lot base material to raise the lot six inches, funding available in the contingency of the bond note, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign said change order upon the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 291 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE FILLING VACANT PART-TIME CLEANER VACANCY – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, one part-time (19 hours per week) Cleaner has resigned and said position needs to be filled. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be hereby authorized to fill the vacant Cleaner position at the starting pay rate of $5.15 per hour with no benefits. VOTE: Passed 8-0. RESOLUTION NO. 292 Motion by Bingell, Second by Yuhasz. RE: RESOLUTION IN SUPPORT OF A NEW YORK STATE DEPARTMENT OF TRANSPORTATION STUDY OF THE WEIGHT RESTRICTION ON ROUTE 414 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 108 WHEREAS, a weight restriction of nine tons has been in force for several years on Route 414 in the Town of Dix, Schuyler County, and WHEREAS, truck traffic and the economic viability of Schuyler County may be hampered and restricted, and WHEREAS, alternate truck routes may be of a safety concern to the residents of Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby request the New York State Department of Transportation to study the weight restriction on Route 414 in Schuyler County and review the implementation of safety features for the economic viability and safety of Schuyler County and its residents. VOTE: Passed 8-0. RESOLUTION NO. 293 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE FILLING VACANT FULL-TIME DEPUTY SHERIFF POSITION – SHERIFF’S DEPARTMENT WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, one full-time Deputy Sheriff has resigned and needs to be replaced, and WHEREAS, there is funding available in the 2004 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill the vacant full-time Deputy Sheriff position at the starting pay rate of $13.27 per hour. VOTE: Passed 8-0. RESOLUTION NO. 294 Motion by Bingell, Second by Fagan. RE: AUTHORIZE REQUEST FOR PROPOSALS FOR COMPUTER CONSULTING SERVICES WHEREAS, the County of Schuyler is interested in requesting proposals for Computer Consulting Services. NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature is hereby authorized to solicit quotes for Computer Consulting Services for review and recommendation by the IT Advisory Committee. VOTE: Passed 8-0. RESOLUTION NO. 295 Motion by Bingell, Second by Fagan. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE ADMINISTRATIVE UNIT CSEA WHEREAS, the County and the Union are parties to a collective bargaining agreement, and WHEREAS, a Department Head needs a member of the union to be able to work at home on a temporary basis, and WHEREAS, the County’s current policy allows work at home arrangements on a case by case basis for management/confidential employees only, and WHEREAS, the County and the Union agree that this one time request is needed and wish to document the terms of their agreement on this issue. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a Memorandum of Agreement with the Administrative Unit CSEA as set forth above, agreement approved by the county’s labor counsel. VOTE: Passed 8-0. RESOLUTION NO. 296 Motion by Larison, Second by Bleiler. RE: AUTHORIZE FIVE RESOLUTIONS BE BROUGHT TO THE FLOOR BE IT RESOLVED, that five Resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 297 Motion by Bingell, Second by Bleiler. RE: AUTHORIZATION TO FILL VACANT SUPPORT INVESTIGATOR POSITION – SOCIAL SERVICES WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, Charles Peacock, a Support Investigator (Grade XV) in the Child Support Enforcement Unit has submitted his resignation effective July 21, 2004 in order to accept a position with the New York State Department of Labor, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 109 WHEREAS, Support Investigators assist custodial parents obtain their court-ordered child support payments from the non-custodial parents, thereby helping keep some custodial parents and/or their children off taxpayer-funded Temporary Assistance, and WHEREAS, approximately 80% of the salary and benefits are reimbursed from the federal and state governments, leaving a local share cost of $7,000-8,500, depending on the health insurance plan. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be authorized to fill the vacant Support Investigator position created by Mr. Peacock’s resignation, effective July 21, 2004, at the wage of $13.12 per hour, funding available in the Social Services budget account no. 6010.100. VOTE: Passed 8-0. RESOLUTION NO. 298 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE ASBESTOS TESTING ON COUNTY-OWNED PROPERTY/TRANSFER OF FUNDS WHEREAS, the County took title to a property with a rundown building in the Village of Burdett for unpaid taxes, which was not sold at Tax Auction, and WHEREAS, there is a possibility that the property contains some asbestos materials that need to be disposed of properly, and it is in the best interest of the County to have said building tested for asbestos due to liability issues. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to have the asbestos testing done on the aforementioned property at a cost of $600, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $600 from Contingency account no. 1990.500 to Buildings and Grounds account no. 1620.490. DISCUSSION: Legislator Bleiler questioned whether or not the contractor is obligated to meet the job with or without added expenses. Attorney Coleman said no, not when it comes to government-owned property containing asbestos. There are different requirements. Since the county owns the property in question, it is the county’s obligation and responsibility to pay for the asbestos testing and removal. VOTE: Passed 8-0. RESOLUTION NO. 299 Motion by Bingell, Second by Bleiler. RE: AUTHORIZATION TO FILL TEMPORARY LABORER POSITION – HIGHWAY WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Highway Department has a vacant Temporary Laborer position which needs to be filled immediately. NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent be hereby authorized to fill a vacant Temporary Laborer position in the Highway Department at $7.00 per hour, for no more than six months in accordance with Civil Service Rules; funding available in the 2004 budget. VOTE: Passed 8-0. RESOLUTION NO. 300 Motion by Bingell, Second by Bleiler. RE: APPOINTMENT – BUDGET OFFICER FOR 2004 BE IT RESOLVED, that this Legislature appoints Daryl L. Slusser as Budget Officer for the year 2004 at a salary of $3,000. DISCUSSION: Chairman Gifford feels the Legislature needs to work on the budget now and this is his recommendation. VOTE: Passed 6-1-1. No: Larison. Abstain: Slusser. RESOLUTION NO. 301 Motion by Bingell, Second by Bleiler. RE: APPOINTMENT – WATKINS GLEN DISTRICT MANAGEMENT ASSOCIATION, INC. BE IT RESOLVED, that this Legislature hereby appoints David W. Lisk as their Ex-Officio representative on the Watkins Glen District Management Association, Inc., effective immediately to serve at the Legislature’s pleasure. VOTE: Passed 8-0. UNFINISHED BUSINESS: None. NEW BUSINESS: None. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 110 REPORT ON STANDING COMMITTEES: Legislator Bleiler reported on Sesquicentennial events for the month of September. August is supposed to be business, and they are trying to put together a business exposition. There will be the presence of businesses at the Italian American Festival. He encouraged employees to get on the county float. This Wednesday and next Wednesday there will be presentations by agricultural speakers on our history and our geography. Legislator Bingell reported on the Rural Transportation Committee. They have been meeting regularly. They will be getting together with the Town of Orange because a town road connects with a Steuben County road and comes back down on State Route 414. The State is looking at State Route 414 and has a lot of ideas on truck traffic for that road. Legislator Yuhasz reported that the Sesquicentennial Education Committee has completed its tasks. They had sixteen children participate in the poster contest and they are on display at the Office for the Aging in Montour Falls. Legislator Slusser reported on the Management and Finance Committee. The Legislature has started the Performance Based Budget process with SUNY Binghamton. He also reported that the IT Advisory Committee has organized Request for Proposals for IT Services. Legislator Bingell reported on the Public Works Committee. The Buildings and Grounds Department has been working on the breakwater, doing repairs. They have also done some preparation work before they blacktop the access to Seneca Harbor Park. There is a lot of landscaping being done also. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:02 p.m. Gail M. Hughey, Clerk SPECIAL MEETING JULY 28, 2004 The July 28, 2004 Special Meeting of the Schuyler County Legislature was called to order at 9:30 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan and followed by a Moment of Silence. All Legislators were present, except Legislators Bleiler and Yuhasz who were excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 302 Motion by Larison, Second by Slusser. 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. Authorize Transfer of Funds for the purchase of Two Computers – District Attorney 2. Authorize Transfer of Funds – Public Defender 3. Authorize Transfer of Funds and Contract with AMRIC Associates for Investigative Services - Public Defender VOTE: Passed 6-0. RESOLUTION NO. 303 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FOR THE PURCHASE OF TWO COMPUTERS – DISTRICT ATTORNEY’S OFFICE WHEREAS, the District Attorney’s Office has two computers that are inoperable and must be replaced, and WHEREAS, the District Attorney’s Office currently has funds available in other line items within his budget for the cost of purchasing two new computers. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to make the following transfers into account no. 1165.200-Equipment, for the purchase of two new computers: AMOUNT FROM ACCOUNT NO. DESCRIPTION ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 111 -$1,962.00 1165.100 Personnel Services 214.00 1165.403 Association Dues -$2,176.00 TOTAL DISCUSSION: Legislator Slusser asked why this was not budgeted for and feels there needs to be a replacement plan in place for these types of purchases. Chairman Gifford asked who determines what needs to be fixed. He feels there are too many different people involved. The District Attorney goes to Todd Day in the Sheriff’s Department; Social Services goes to Teri Baccile, when they should be going to SCT Computers, which is the contractor hired by the Legislature to provide IT support. He feels they need the IT Advisory Committee to develop a policy spelling out who goes to whom when computers go down. Legislator Larison believes Todd Day has the expertise and makes the recommendations for both the Sheriff’s Department and the District Attorney’s Office. Chairman Gifford said they hired SCT Computers to be the experts, he feels they should be contacted. Attorney Coleman said it has always been his understanding that the Sheriff and District Attorney are separate and not connected to the county network. Chairman Gifford agreed that they are separate, however the issue at hand involves hardware, not networks. Legislator Slusser stated that if a technical person is to look at a computer, they would need access to the systems or networks. Someone has to sign off on documentation. There were concerns that specifications on replacements had not been done yet for these two computers. VOTE: Passed 6-0. RESOLUTION NO. 304A Motion by Larison, Second by Fagan. RE: MOTION TO AMEND RESOLUTION NO. 304 BE IT RESOLVED, that Resolution No. 304 be amended to increase the amount from $7,345 to $12,000 going into 1170.605. DISCUSSION: Attorney Connie Fern Miller, Public Defender, explained the 2003 assigned counsel rollover of expenses to the legislators. The Deputy Clerk explained the cut off date in April of each year for the previous year’s bills. Legislator Slusser wanted to know the total amount that has been paid out for assigned counsel since April of 2003. Attorney Miller said she is not sure of that amount. It is very confusing for her to take over this budget this year. Legislator Slusser believes the $7,000 overage is not just from 2003 expenses, but includes 2004. Attorney Miller agreed and explained the amount budgeted for assigned counsel was a guess because of the new rates and having a full-time Public Defender. The Legislature started out with a low figure, and she sees the budget exceeding amounts budgeted tremendously. Legislator Slusser reminded everyone that they had a lot of discussions about this new approach of a full-time Public Defender. He wanted to know if their assumptions were wrong. Attorney Miller explained that as full-time Public Defender, she is taking the bulk of the cases, but wherever there are multiple defendants, the Public Defender can only handle one of them. In family court cases, there are conflicts on a regular basis and she can only defend one. She explained the example of cases she handles. She informed them that in Chemung County they have a full-time Public Defender with full-time staff and a full-time Conflict Defender’s office fully staffed. They have a conflict defender because of the cost of $75 per hour and necessary assigned counsel. She said she explained this to the Legislature back at budget time and she did not feel it was enough in the budget. She is not turning down cases. Legislator Slusser asked her if she had statistics, is this a worse year than prior years? Attorney Miller said she is handling family court now, which was never done by the Public Defender and the rate increase has a lot to do with the budget problems also. Attorney Coleman added that criminal indictments have also increased. Legislator Fagan asked if this $7,300 is just to take care of current bills. Lisa Orr, the Public Defender’s Secretary, said yes, and some are to correct amounts charged to the wrong account. Legislator Larison stated that Attorney Coleman helped the Legislature create this budget, Attorney Miller had nothing to do with it until she came on board. They went through records to make the best estimate and it is short. In his Public Safety/Criminal Justice Committee they decided to go on a month-by-month basis to address the overruns. The committee could not see reaching into an unknown figure. She will probably be back next month and thereafter until the end of the year. He feels they need to do that as the committee recommended it. When creating next year’s budget it will give them a much better handle on what is happening. Legislator Fagan asked what ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 112 happened with family court in the past. Attorney Miller explained that only assigned counsel handled family court at rates of $25 and $40 per hour for out-of-court and in-court, respectively. She said she attended a training session for Public Defenders in Albany recently and they informed her that for any Article X Proceeding, such as child abuse, which they have more cases of now, the Public Defender should not be representing both parties under any circumstances. She is trying to eliminate calling assigned counsel. She pointed out that the county has a full-time District Attorney, a full-time Assistant District Attorney, a full-time Assistant County Attorney and a full-time Public Defender. There is more time being put in on legal issues. Attorney Coleman said before they reached the recommendation of a full-time Public Defender Office, they had researched the number of family court cases. If we did not have a full-time Public Defender and used only assigned counsel for family court, the county would have been bankrupt by April. There is no question as to what is more cost effective.. Legislator Fagan asked what Connie would estimate the expenses to be for assigned counsel for the rest of the year. Lisa Orr said she would have to guess another $7,000. Legislator Fagan suggested transferring $12,000 now, rather than go month by month, projecting for the remainder of the year. Legislators Bingell and Karius both wish to still have a report on the budget every month of both family and criminal court. Attorney Miller said she initially was reviewing vouchers for payment, then she was told legally she can not do that, and she has discontinued this process. She has asked that the Legislative Office make copies of these vouchers for her in order to make a report each month. VOTE: Passed 6-0. RESOLUTION NO. 304 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS – PUBLIC DEFENDER – AS AMENDED WHEREAS, the Public Defender’s 2004 budget has experienced some significant expenses, as well as some outstanding 2003 assigned counsel bills. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer from Contingency account no. 1990.500 into the accounts and in the amounts as set forth below: AMOUNT ACCOUNT NO. DESCRIPTION +$12,000.00 1170.605 Assigned Counsel/Criminal Court 212.00 1170.435 Professional Fees/Services VOTE: Passed 6-0. RESOLUTION NO. 305A Motion by Bingell, Second by Larison. RE: MOTION TO AMEND RESOLUTION NO. 305 BE IT RESOLVED, that Resolution No. 305 be amended to change the wording in the first and second whereas to read as follows: “WHEREAS, the Public Defender is in need of investigative services for a major felony case, and WHEREAS, in some cases she may be able to utilize the Sheriff’s Department for service of process, but in other cases she would like to be able to hire AMRIC Associates, and”. DISCUSSION: Connie explained that this will be on an as-needed basis and will be ongoing. She made it clear that county law states that when you have an indictment defendant, free services of counsel are to be provided. She gave an example. She said the District Attorney has a contractual arrangement for an investigator. She feels she needs the same access. She contacted Phil Barnes and he is working through AMRIC company. She wishes to use his services. She does not anticipate a lot of use, but needs it available. The District Attorney’s office, along with the part-time investigator, has the Sheriff’s department, the FBI and the State Police that they can use for cases. They have various agencies to utilize and she does not have that available to her office. Chairman Gifford brought up the contractual expense of $24,000 that is given to the Public Defender’s Office and asked why she could not use those funds to hire an investigator. Attorney Miller explained that the $24,000 is only for rent, office space, phones, etc. This is entirely different. Legislator Fagan feels this is ridiculous and the system is ridiculous. Attorney Coleman suggested cleaning up the wording. Connie warned them that she might be back in two months for more money. She said contract or no contract, by State Law, she would have to hire services and the Legislature would have to pay for them. Legislator Slusser said this has potential to open up our whole treasury for Public Defender office expenses. Legislator Larison said he would have liked to have seen more money budgeted for items such as this. Attorney Coleman explained what had happened in another county. The Public Defender will hire what she has to and the county pays the consequences. It is paid ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 113 by court order and it’s that simple. He will send a copy of the chief judges opinion on this issue to all legislators. VOTE: Passed 6-0. RESOLUTION NO. 305 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS AND CONTRACT WITH AMRIC ASSOCIATES FOR INVESTIGATIVE SERVICES – PUBLIC DEFENDER – AS AMENDED - FAILED WHEREAS, the Public Defender is in need of investigative services, and WHEREAS, in some cases she may be able to utilize the Sheriff’s Department for service of process, but in other cases she would like to be able to hire AMRIC Associates, and WHEREAS, there are no funds available in the Public Defender’s 2004 budget to pay for said service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into an agreement with AMRIC Associates for legal services at a cost of $60 an hour, not to exceed $1,000, effective immediately through December 3,1 2004, contract subject to the approval of the County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $1,000 from Contingency Account 1990.500 into account no. 1170.435-Professional Fees/Services. VOTE: Failed 4-2. Noes: Fagan, Gifford. RESOLUTION NO. 306 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS AND CONTRACT WITH AMRIC ASSOCIATES FOR INVESTIGATIVE SERVICES – PUBLIC DEFENDER - FAILED WHEREAS, the Public Defender is in need of investigative services, and WHEREAS, in some cases she may be able to utilize the Sheriff’s Department for service of process, but in other cases she would like to be able to hire AMRIC Associates, and WHEREAS, there are no funds available in the Public Defender’s 2004 budget to pay for said service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into an agreement with AMRIC Associates for legal services at a cost of $60 an hour, not to exceed $5,000, effective immediately through December 3,1 2004, contract subject to the approval of the County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $5,000 from Contingency Account 1990.500 into account no. 1170.435-Professional Fees/Services. VOTE: Failed 2-4. Noes: Fagan, Karius, Slusser, Gifford. PUBLIC PARTICIPATION: None. The Meeting adjourned at 10:35 a.m. Stacy B. Husted, Deputy Clerk REGULAR MEETING AUGUST 9, 2004 The August 9, 2004 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present, except Legislators Bingell and Slusser who were excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Mary Jane Harness, a Chemung Transit rider, said she is here to discuss transportation issues. Her bus overheated tonight and the riders had to wait for another bus to come in order to get home. She said Cornell Transportation told her to contact the legislators because they hold the purse strings to this agreement. She knows of a number of concerns, such as one driver with two runs, buses overheating, etc. The company keeps switching drivers and she feels some of the drivers drive unsafe. She has yet to be to work on time since November. Some riders have children in daycare and get billed additional charges for being late to pick them ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 114 up. One driver had to stop for coffee as a safety measure because he was so drowsy, and later got reported and docked a full days pay. Chairman Gifford said he contacted Diane Pantelunas from Chemung Transit after hearing from Mrs. Harness. Ms. Pantelunas has promised a letter explaining the situation to the Legislature. Mrs. Harness said she eventually hitched a ride with someone else to get home this evening and that is what prompted her to be here tonight. Chairman Gifford said he would like to hear the other side of the story from Chemung Transit. Mrs. Harness asked if the Legislature would like to receive a petition from the riders, then asked what position Ms. Pantelunas holds at Chemung Transit. Chairman Gifford responded that Ms. Pantelunas is the Director of Transportation. Mrs. Harness suggested contacting the president of the company. Legislator Bleiler said he was not aware of problems again this year. Last time Legislator Young had the riders and people from Chemung Transit here to hear issues and come up with a solution to fix them. Chemung Transit told us they would buy new buses, which they did. He feels the appropriate committee should request Chemung Transit to attend a committee meeting and explain themselves. Chairman Gifford said he has asked Ms. Pantelunas for a letter of explanation. Patty Durfee, another rider, said she has been riding Chemung Transit for twenty years. There is a Chemung Transit (CT) list that is supposed to go to the Legislature. She has sent emails to the CT List and was told that that list notifies the transit, the Chemung and Schuyler Legislatures, all who are involved. She is hearing that this legislature is unaware of this and has never seen them. The county helped get this service for us, they should know about the issues. Legislator Bleiler said his understanding is Chemung Transit completes the mass transit aid paperwork and administers the funds on our behalf. When it works, it ends up costing the local taxpayers nothing. He does not feel they have any leverage with Chemung Transit, they could just say they will not participate anymore. Chairman Gifford said he will pass along Ms. Pantelunas’ letter to the Community Development & Natural Resources Committee. Sue Brill asked again about the union members being present during the interview process for a County Administrator. Chairman Gifford said nothing has been decided at this time. RESOLUTION NO. 307 Motion by Larison, Second by Fagan. RE: APPROVE MINUTES OF THE JULY 12, 2004 REGULAR MEETING AND JULY 28, 2004 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the July 12, 2004 Regular Meeting and July 28, 2004 Special Meeting of the Schuyler County Legislature be approved. VOTE: Passed 6-0. RESOLUTION NO. 308 Motion by Yuhasz, Second by Larison. RE: AUTHORIZE FILLING OF SENIOR STAFF SOCIAL WORKER POSITION - COMMUNITY SERVICES WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Schuyler County Mental Health Clinic has a vacant Sr. Staff Social Worker position, effective immediately. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services/Public Health to fill the Sr. Staff Social Worker position, Grade 29, at an hourly rate of $21.47, in the Mental Health Clinic, effective immediately; funding is available in the year 2004 budget. VOTE: Passed 6-0. RESOLUTION NO. 309 Motion by Yuhasz, Second by Larison. RE: AUTHORIZE FILLING OF STAFF SOCIAL WORKER POSITION - COMMUNITY SERVICES WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Schuyler County Mental Health Clinic has a vacant Staff Social Worker position, effective immediately. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services/Public Health to fill the Staff Social Worker position, Grade 28, at an hourly rate of $19.88, in the Mental Health Clinic, effective immediately; funding is available in the 2004 budget. VOTE: Passed 6-0. RESOLUTION NO. 310 Motion by Yuhasz, Second by Larison. RE: RECOGNIZE SEPTEMBER AS PROSTATE CANCER AWARENESS MONTH - PUBLIC HEALTH WHEREAS, one in every six men will get prostate cancer sometime in his life, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 115 WHEREAS, the chances of getting prostate cancer are one in three if you have just one close relative with the disease; the risk increases five-fold with two close relatives and with three relatives the risk is as high as 97% you will get prostate cancer, and WHEREAS, prostate cancer is the second leading cause of male cancer death in the United States, and WHEREAS, an estimated 29,900 men will die from prostate cancer this year with more than 230,000 cases expected, and WHEREAS, research shows that obesity is a significant predictor or prostate cancer occurrence and death so that men with a body mass index (BMI) over 32.5 have about one-third greater risk of dying from prostate cancer, and WHEREAS, early detection through PSA screening about three-fourths of all cases are now found early, giving men a fighting chance, and WHEREAS, screening for prostate cancer takes less than 10 minutes and is covered by most health insurances. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature encourages the male population over 50 years of age to be screened for prostate cancer annually. VOTE: Passed 6-0. RESOLUTION NO. 311 Motion by Yuhasz, Second by Bleiler. RE: RECOGNIZE SEPTEMBER AS NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH - HEALTH SERVICES WHEREAS, the Recovery Month effort aims to promote the societal benefits of alcohol and drug use disorder treatment, and WHEREAS, Recovery Month lauds the contributions of treatment providers and promotes the message that recovery from alcohol and drug use disorders in all its forms is possible, and WHEREAS, for individuals with alcohol and drug use disorders, the risk of contracting an infectious disease is vastly increased, and WHEREAS, intravenous drug users and persons who engage is risky sexual behavior while under the influence are prime candidates for contracting infectious diseases. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature encourages efforts to improve treatment for persons with coexisting alcohol and drug use disorders and infectious diseases. VOTE: Passed 6-0. RESOLUTION NO. 312 Motion by Yuhasz, Second by Bleiler. RE: RECOGNIZE SEPTEMBER 25, 2004 AS FAMILY HEALTH AND FITNESS DAY USA - PUBLIC HEALTH WHEREAS, thousands of adults and children are expected to participate in the eighth annual Family Health & Fitness Day USA held on Saturday, September 25, 2004, and WHEREAS, families will participate at locations throughout the county, such as hospitals, health clubs, YMCAs, state and county health departments, park districts, houses of worship and schools, and WHEREAS, the purpose of the Family Health & Fitness Day USA is to promote family involvement in physical activity, and WHEREAS, the Public Health Department encourages physical activity such as walking, low-impact exercising, health screenings. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognize September 25, 2004 as Family Health and Fitness Day USA. VOTE: Passed 6-0. RESOLUTION NO. 313 Motion by Yuhasz, Second by Bleiler. RE: AUTHORIZE CONTRACT WITH SUZANNE FINGLER, REGISTERED NURSE - PUBLIC HEALTH WHEREAS, Suzanne Fingler, RN has resigned her position as part time Registered Professional Nurse, effective immediately, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 116 WHEREAS, Suzanne Fingler, RN has served Public Health for several years and has extensive knowledge of the Home Health operations, and WHEREAS, the Public Health Department requires nursing assistance from time to time, and WHEREAS, funds are available in the 2004 Mental Health budget, account no. 4010.490, to contract for part-time nursing services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Suzanne Fingler, RN for the provision of part-time nursing services effective immediately through December 31, 2004, renewably annually on a calendar year, at the hourly rate of $18.50, not to exceed $6,800.00 for the period of the agreement, such amount provided for in the 2004 Public Health budget, subject to approval by the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 314 Motion by Yuhasz, Second by Fagan. RE: AUTHORIZE OUT OF STATE TRAVEL FOR MARCIA FOR HOMMED USERS MEETING - PUBLIC HEALTH WHEREAS, the Public Health Department works with HomMed in the use of monitors in the homes, and WHEREAS, HomMed is having their Fourth Annual Partner Meeting August 11 through August 14, 2004 in Chicago, Illinois, and WHEREAS, HomMed is covering the costs for one person from Schuyler County to attend this Annual Meeting. NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorize out of state travel for Marcia to attend the HomMed Annual Meeting in Chicago, Illinois, at no cost to the County, from August 11, 2004 through August 14, 2004. VOTE: Passed 6-0. RESOLUTION NO. 315 Motion by Yuhasz, Second by Fagan. RE: AMEND 2004 COUNTY BUDGET FOR THE BIOTERRORISM GRANT – PUBLIC HEALTH WHEREAS, Resolution No. 364-03 established the budget for the 2003-04 Bioterrorism grant, and WHEREAS, planned expenditures of the grant monies have changed, and these changes necessitate amending the original budget. NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorizes the County Treasurer to amend the 2004 Public Health budget at follows: ORIGINAL AMOUNT CHANGE NEW AMOUNT ACCOUNT NO./DESCRIPTION $ 6,018 + $ 239 $ 6,257 4010.100-4028 Personnel $ 2,082 + $ 83 $ 2,165 4010.489.4028 Fringe Ben $ 50,000 - $22,000 $ 28,000 4010.200-4028 Equipment $ 53,070 + $21,678 $ 74,748 4010.400-4028 Contractual $111,170 $111,170 VOTE: Passed 6-0. RESOLUTION NO. 316 Motion by Yuhasz, Second by Fagan. RE: AMEND THE 2004 COUNTY BUDGET FOR MEDICAID FUNDING – MENTAL HEALTH WHEREAS, the New York State Office of Mental Health has implemented a conversion of net deficit funding to Medicaid effective July 1, 2004, and WHEREAS, the New York State Office of Mental Health has stated this change will be fiscally neutral for Counties in that they will reimburse local County Departments of Social Services directly for any increase in local share, and WHEREAS, this change will result in a reduction in State Aid and an increase in fee for service Medicaid revenue. NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorizes the County Treasurer to amend the 2004 Mental Health Budget as follows: AMOUNT ACCOUNT DESCRIPTION - $76,151 4310-3490 State Aid – Mental Health +$76,151 4310-1620 Mental Health Fees ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 117 VOTE: Passed 6-0. RESOLUTION NO. 317 Motion by Bleiler, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS TO PAY FOR SAFETY NET EXPENSES – SOCIAL SERVICES WHEREAS, the Department of Social Services has had more Safety Net expenses in 2004 than originally anticipated and expects to exceed its 2004 budget, and WHEREAS, funds are available in the department’s 2004 Juvenile Delinquency account to cover said expenses. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following transfers within the Department of Social Services 2004 budget: Appropriations: + $100,000 6140.400 Safety Net - $100,000 6123.400 Juvenile Delinquency Revenue: + $50,000 6140-3640 State Aid – Safety Net - $50,000 6123-3623 State Aid – Juvenile Delinquency VOTE: Passed 6-0. RESOLUTION NO. 318 Motion by Bleiler, Second by Larison. RE: AUTHORIZE CONTRACT WITH CARE GIVERS FOR PERSONAL CARE SERVICE – SOCIAL SERVICES WHEREAS, Social Service districts are authorized pursuant to Section 365-a(2) of the New York Social Services Law and New York State Department of Social Services Regulation 18 505.124 and/or other department regulations to provide personal care services and LPN/RN nursing services to persons eligible to receive said services, and WHEREAS, the Department of Social Services is desirous of obtaining personal care services and LPN/RN nursing services to be rendered to recipients of medical assistance for which reimbursement is available pursuant to Title XIX of the Federal Social Security Act and applicable state law and which are eligible for reimbursement thereto. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Care Givers for personal services for the period July 1, 2004 through December 31, 2004, at no cost to the Department of Social Services, subject to approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 319 Motion by Bleiler, Second by Larison. RE: AUTHORIZE CIVIL SERVICE TO ACCEPT PERSONAL CHECKS FOR APPLICATION FEES WHEREAS, the Schuyler County Civil Service Department does not accept personal checks for application fees, and WHEREAS, other Counties accept personal checks, which causes confusion for applicants and delays when checks are received and must be returned. NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorizes the Civil Service Department to accept personal checks for Civil Service application fees, effective immediately, and BE IT FURTHER RESOLVED, that if a check is returned for non-payment, the applicant will be ineligible to take the examination unless the fee is paid by cash or money order before the date announced as the filing deadline. VOTE: Passed 6-0. RESOLUTION NO. 320 Motion by Karius, Second by Bleiler. RE: DECLARE EQUIPMENT JUNK – LEGISLATURE AND COUNTY ATTORNEY WHEREAS, the Legislative and County Attorney’s Offices each have a computer, which are no longer usable. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 118 NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Legislature hereby declares said computers surplus and requests the Building Maintenance Supervisor dispose of said computers properly. Legislature One Dell Computer S/N# 1TLLJ01 County Attorney One Dell GXI Computer S/N# MX01780R47801 VOTE: Passed 6-0. RESOLUTION NO. 321 Motion by Karius, Second by Bleiler. RE: APPOINTMENT – COUNTY ADMINISTRATOR SELECTION COMMITTEE WHEREAS, Resolution No. 235-04 created the County Administrator Selection Committee, and WHEREAS, said committee has met and recommends the appointment of one additional person to said committee. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to appoint George Roets to the County Administrator Selection Committee effective immediately. VOTE: Passed 6-0. RESOLUTION NO. 322 Motion by Karius, Second by Bleiler. RE: AMEND 2004 CELEBRATIONS BUDGET WHEREAS, the Sesquicentennial Committee continues to receive additional revenue, above the amount budgeted in the 2004 budget, and WHEREAS, it is desirable to give the Sesquicentennial Committee authority to expend the donations within the constraints of the budget. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to amend the 2004 Celebrations budget in the amount of the donations received, with the understanding that the local cost of the Celebrations budget will not exceed the budgeted $2,000. VOTE: Passed 6-0. RESOLUTION NO. 323 Motion by Larison, Second by Bleiler. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES –AS AMENDED (RES. NO. 446-04) WHEREAS, the Management/Confidential Salary Plan states that the salary ranges may be increased each year by the rate of the Cost of Living Adjustment (COLA) from the July Bureau of Labor Statistics Data Report, Consumer Price Index, and applied using the same methodology as the Federal Government, and WHEREAS, the COLA for the period April-May-June, 2004 was determined to be 3.9%, and WHEREAS, the Legislature will set the COLA to be 3% for the year 2005. 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, 2005. FACTOR RATING SYSTEM AND SALARY RANGES POINTS GRADE MIN MID MAX_ 1026 – 1100 M 65,797 74,642 83,506 951 – 1025 L 60,732 69,588 78,445 876 – 950 K 55,670 64,527 73,385 801 – 875 J 50,609 59,467 68,324 726 – 800 I 45,550 54,407 63,263 651 – 725 H 40,488 48,712 56,937 576 – 650 G 36,692 45,550 54,407 501 – 575 F 34,161 42,386 50,609 426 – 500 E 31,631 39,222 46,814 351 – 425 D 29,102 36,060 43,020 276 – 350 C 26,571 32,896 39,222 202 – 275 B 24,040 30,366 36,692 0 – 201 A 21,427 27,835 34,161 VOTE: Passed 6-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 119 RESOLUTION NO. 324 Motion by Larison, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS FOR ADVERTISING – COUNTY ADMINISTRATOR WHEREAS, advertisement has begun for the Office of County Administrator, and WHEREAS, there are no funds budgeted to pay for this expense, and WHEREAS, expenses to date are $1,325.95, with interviewing expenses anticipated. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $1,500.00 from Contingency account no. 1990.500 to County Administrator account no. 1230.402- Advertising. VOTE: Passed 6-0. RESOLUTION NO. 325 Motion by Larison, Second by Bleiler. RE: AUTHORIZE CHANGE ORDER #2 WITH EDGER ENTERPRISES, INC. IN THE AMOUNT OF $2,300 – BUILDINGS AND GROUNDS WHEREAS, electric to light the kiosk was inadvertently left off the Seneca Harbor Park, Phase II electrical drawing. NOW, THEREFORE, BE IT RESOLVED, that Change Order No. 2 in the amount of $2,300.00 be approved to provide electric to the kiosk, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign said change order upon the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 326 Motion by Larison, Second by Bleiler. RE: A RESOLUTION SUPPLEMENTING THE BOND RESOLUTION DATED MAY 10, 2004, TO AUTHORIZE THE ISSUANCE OF AN ADDITIONAL $500,000 SERIAL BONDS OF THE COUNTY OF SCHUYLER, NEW YORK, TO PAY PART OF THE COST OF THE SENECA HARBOR BREAKWATER PROJECT IN AND FOR SAID COUNTY WHEREAS, by bond resolution dated May 10, 2004, the County Legislature of the County of Schuyler, New York, duly approved the Seneca Harbor Breakwater Project in and for said County at a maximum estimated cost of $215,330 bonds, and WHEREAS, it has now been determined that the maximum estimated cost of such specific object or purpose is $715,330, an increase of $500,000 over that previously authorized; and WHEREAS, it is now desired to authorize the issuance of an additional $500,000 bonds of said County for such class of objects or purposes. NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the County Legislature of the County of Schuyler, New York, as follows: Section 1. For the specific object or purpose of paying additional costs of the engineering work in connection with the Seneca Harbor Breakwater Project in and for said County of Schuyler, New York, there are hereby authorized to be issued an additional $500,000 bonds of the County of Schuyler, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is now determined to be $715,330, and that the plan for the financing thereof is as follows: a. By the issuance of the $215,330 bonds of said County authorized to be issued pursuant to bond resolution dated and duly adopted May 10, 2004; and b. By the issuance of the additional $500,000 bonds of said County authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision 3 of paragraph a of Section 11.00 of the Local Finance Law, no obligations having been heretofore issued for said specific object or purpose. Section 4. The faith and credit of said County of Schuyler, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 120 on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said County a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Chief Fiscal Officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Chief Fiscal Officer, consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. This resolution, which takes effect immediately, shall be published in full in The Watkins Review & Express, the official newspaper, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. VOTE: Passed 6-0. RESOLUTION NO. 327 Motion by Larison, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR THE BREAKWATER PROJECT – BUILDINGS AND GROUNDS WHEREAS, the Seneca Harbor Park Breakwater has settled and deteriorated from the wave action since it was constructed in 1988, and WHEREAS, Resolution No. 388 of 2001 authorized Gary L. Wood P.E to survey existing conditions, make design recommendations for repair, estimate probable construction costs, and WHEREAS, the deterioration has reached a point where seasonal high lake water is over the breakwater, making it ineffective, and WHEREAS, Resolution No. 61 of 2003 authorized said project to be advertised for bid. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accept Hunt Engineers and Wood Consulting and Testing Services recommendation to accept the low bid from Dissen & Juhn Corporation in the amount of $446,600 ($600,000 estimated bonding), for the Seneca Harbor Park Breakwater Reconstruction and, BE IT FURTHER RESOLVED, that the following bids be rejected: COMPANY AMOUNT RMS Gravel, Inc. $480,710 R. DeVincentis Construction $936,000 Chemung Contracting Corp. $454,500 Silverline Construction $525,417 Procon Contracting $494,100, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Dissen & Juhn Corporation, in the amount of $446,600; subject to the approval of the Schuyler County Attorney and the Office of Parks, Recreation and Historical Preservation. VOTE: Passed 6-0. RESOLUTION NO. 328 Motion by Larison, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR REPLACEMENT OF CR 11 CULVERT AND REPAIR WORK FOR CR 16 CULVERT AND AUTHORIZE TRANSFER OF FUNDS – HIGHWAY DEPARMENT WHEREAS, the Highway Superintendent and Public Works Committee directed the Legislative Clerk ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 121 to advertise for bids for the Replacement of County Road 11 Culvert over McClure Creek and Repairs to County Road 16 Culvert over a Tributary to Glen Creek, and WHEREAS, bids were opened July 29, 2004 and reviewed with the recommendation being made by Hunt Engineers to accept the low bid from Silverline Construction. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the low bid from Silverline Construction for the Replacement and Repair of the two Culverts at the low bid price of $194,895.00 (CR 16 Culvert-$41,295, CR 11 Culvert-$153,600), funding available in the 2004 Highway budget, and BE IT FURTHER RESOLVED, that all other bids received be hereby rejected, with a note of appreciation for their participation, and BE IT FURTHER RESOLVED, that the Chairman of Legislature be authorized to sign the contract; subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, since said bid came in higher than expected, the Schuyler County Treasurer is hereby authorized to transfer funds as follows: AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO. $22,800 5020.400-Engineering ) 5120.326-Bridges $ 5,400 5112.569-Reconstruction CR6 ) VOTE: Passed 6-0. RESOLUTION NO. 329 Motion by Larison, Second by Fagan. RE: RESOLUTION RECOMMENDING TRANSPORTATION PRIORITIES TO THE NEW YORK STATE ADVISORY PANEL OF TRANSPORTATION POLICY FOR 2025 WHEREAS, the New York State Advisory Panel of Transportation Policy for 2025 has been appointed to revise the statewide transportation master plan to guide state transportation agencies and their programs, with a report to the Governor in November, 2004, and WHEREAS, the transportation network of highways, rail, air, and transit is the framework for economic development and community growth throughout the state, and WHEREAS, funding for transportation coordination and improvement has remained level or decreased, and WHEREAS, the following list of priorities will require increased funding, and WHEREAS, in a recent poll conducted for the Associated Press, “56% [of the American public] said they would be willing to pay higher taxes if that would lead to significant improvements in roads and public transportation in their areas”. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County recommends that the following issues be made top priorities: 1. Timely Completion of Interstates 86 and 99. Since these routes are existing key trade, tourism and commuting corridors, their completion and continued maintenance are crucial for sustaining the economy, with a total dollar impact of about $3.2 Billion, and improving air quality and safety with the elimination of at-grade intersections. 2. Including Elmira-Corning Regional Airport. 3. Continued Improvements to the Rural Transportation System. Local and county roads feed traffic to the state highway system and must be considered part of a larger whole. Planning and maintenance funding, rural transit systems and rail service must be coordinated at all levels as a unified system shared services. 4. Integration of Transportation into Economic/Community Development. Transportation Corridor planning and improvements are essential for increased economic/community development, reduced traffic congestion and open space/agricultural land preservation, and BE IT FURTHER RESOLVED, that Schuyler County recommends the exploration of new funding sources such as increases in the state gas tax, designation of new toll roads and/or increases in vehicle ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 122 registrations, in concert with existing funding to be pursued to underwrite these programs on the condition that new funding be earmarked solely for transportation programs, and BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to Governor George E. Pataki, Joseph Boardman, Commission of the New York State Department of Transportation, the Chairman for the New York State Advisory Panel on Transportation for 2025, the Steuben County Legislative Clerk, the Chemung County Legislative Clerk, and the Inter-County Association of Western New York. VOTE: Passed 6-0. RESOLUTION NO. 330 Motion by Larison, Second by Fagan. RE: AUTHORIZATION FOR CHAIRMAN TO SIGN YOUTH ASSESSMENT AND SCREENING INSTRUMENT (YASI) MEMO OF UNDERSTANDING-PROBATION WHEREAS, the Schuyler County Probation Department desires to enter into a Memo of Understanding with the New York State Division of Probation and Correctional Alternatives concerning the proposed Youth Assessment and Screening Instrument, and WHEREAS, the Probation Director has reviewed said document and it meets with his approval, believing it will produce more effective case-handling of PINS and Juvenile Delinquent youth, and WHEREAS, the Public Safety Committee of this Legislature has approved said effort. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the Youth Assessment and Screening Instrument Memorandum of Understanding on behalf of the County of Schuyler and submit the same to the New York State. Division of Probation and Correctional Alternatives, it being understood there is no local cost involved; subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 331 Motion by Larison, Second by Fagan. RE: APPOINTMENT – SCHUYLER COUNTY PLANNING COMMISSION BE IT RESOLVED, that Timothy Benjamin be appointed to the Schuyler County Planning Commission representing Industry for a term of two years effective August 10, 2004 through December 31, 2005. VOTE: Passed 6-0. RESOLUTION NO. 332 Motion by Larison, Second by Bleiler. RE: AMEND THE 2004 COUNTY ROAD BUDGET – HIGHWAY WHEREAS, the Highway Department has received notice that Multi-Modal funds have been appropriated for the Highway Department for the CR 23 Bridge Reconstruction Project, and WHEREAS, the Highway Superintendent and the Public Works Committee recommends accepting these Multi-Modal funds for the authorized project. NOW, THEREFORE, BE IT RESOLVED, that the following accounts be adjusted for the additional funding: COUNTY ROAD APPROPRIATIONS AMOUNT ACCOUNT NO. DESCRIPTION + 22,771.00 5020.400 ENGINEERING REVENUES + 22,771.00 0002-3589 STATE AID OTHER, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for the Multi-Modal Funds on behalf of the County of Schuyler, subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 333 Motion by Larison, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS – HOUSEHOLD HAZARDOUS WASTE DAY WHEREAS, the 2004 Household Hazardous Waste Day exceeded expectations, and WHEREAS, while there are additional revenues coming in for the day, there is still an overrun of expenses in the amount of $901.48. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the County Treasurer to transfer $901.48 from Contingency account no. 1990.500 to Solid Waste account no. 8160.346 to cover the ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 123 cost of this event. VOTE: Passed 6-0. RESOLUTION NO. 334 Motion by Larison, Second by Bleiler. RE: RESOLUTION URGING FEDERAL INTERVENTION TO ADDRESS THE PROPERTY TAX CRISIS IN NEW YORK STATE WHEREAS, the New York State Legislature has been unable to carry out its governance responsibilities and its crippling counties, school districts and local governments through its inaction on numerous public policy issues, and WHEREAS, an obsolete Medicaid funding formula unique to New York has combined with two decades of ignoring the problem in Albany and has led to a looming crisis and with some counties now being warned by the New York State Comptroller of being in a fiscal “danger zone” relating to the taxing limit imposed by the State Constitution, and WHEREAS, the Schuyler County Legislature has increased its economic base over the last two decades, consolidated government functions, cut expenses and appropriations dramatically and still significant property tax increases have occurred, and WHEREAS, with current Medicaid trends, it is unlikely that the County can avoid exceeding its legal taxing limit within the foreseeable future, and WHEREAS, local property taxes in New York State are the highest in the Nation and deprive State residents the economic opportunity possessed by residents of other states, and WHEREAS, specifically, the State Legislature’s inability to address the local share cost of Medicaid has created a situation requiring unprecedented action, and WHEREAS, bold leadership by our New York Congressional delegation is needed immediately to avert a constitutional tax crisis with unknown consequences, and WHEREAS, federal intervention is now necessary to accomplish key steps to avoid a government fiscal crisis in New York State. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges its Congressional Representatives to act swiftly to enact federal legislation that will accomplish a substantial State takeover of local Medicaid costs and reduce the State’s Medicaid mandate on local governments and property taxpayers throughout the State, and BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to the County Treasurer, President George W. Bush, Senator Charles Schumer, Senator Hillary Clinton, Congressman Amory Houghton, and the Inter-County Association of Western New York. VOTE: Passed 6-0. REPORT ON STANDING COMMITTEES: Legislator Bleiler reported on the Sesquicentennial Committee. He asked everyone to mark their calendars for August 29th, there will be a show called “Schuyler County History” at The Glen Theater in Watkins Glen performed by the Lake Country Players. Legislator Fagan reported on the Community Development & Natural Resources Committee. He said at the Chairman’s request, he met with a representative from Empire Pipeline. They are investigating the possibility of building a major pipeline to run from Victor to Catlin, NY. There would be two routes running through Schuyler County. It would affect the Towns of Reading and Dix. The proposed layout has a cost of approximately $140 million, starting in the year 2006. There will also be a $4.2 million dollar increase in property value when this is done. It should impact about 1,000 landowners. The company is just getting involved with the public and municipalities. There will not be much of an impact on Schuyler County for gas availability. They hope to increase construction jobs and increase property tax values. NEW BUSINESS: None. UNFINISHED BUSINESS: None. PUBLIC PARTICIPATION: None. The Meeting adjourned at 6:54 p.m. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 124 Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk SPECIAL MEETING SEPTEMBER 8, 2004 The September 8, 2004 Special Meeting of the Schuyler County Legislature was called to order at 9:00 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 335 Motion by Karius, Second by Bingell. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. Accept/Reject Proposals for Computer Consulting Services 2. Authorize Transfer of Funds to Purchase Computer Equipment – Budget Officer 3. Interim Appointment of County Administrator VOTE: Passed 6-0. RESOLUTION NO. 336 Motion by Karius, Second by Bleiler. RE: ACCEPT/REJECT PROPOSALS FOR COMPUTER CONSULTING SERVICES WHEREAS, Resolution No. 294-04 authorized the solicitation of Computer Consulting Services proposals, and WHEREAS, the Information Technology Advisory Committee has reviewed them and recommends the acceptance of the proposal from Danica Computing, Inc. in the amount of $117,000 annually. NOW, THEREFORE, BE IT RESOLVED, that the Legislature accept the proposal from Danica Computing, Inc. for County-Wide Computer Consulting Services, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an agreement with Danica Computing, Inc., in the amount of $117,000 per year, effective upon execution of the contract for a three-year term, to be renewed annually; subject to the approval by the Schuyler County Attorney. MOTION by Legislator Fagan to recess meeting until Legislator Slusser arrives, SECOND by Legislator Bingell. Motion carried six ayes to zero noes. Legislator Slusser arrived at 9:05 a.m. MOTION by Legislator Bingell to come out of recess, SECOND by Legislator Yuhasz. Motion carried six ayes to zero noes. DISCUSSION: Legislator Slusser stated that there were five very creditable bids submitted. The $117,000 bid from Danica Computing is frozen for three years, which is good news. It will be renewed annually each year. They are offering coverage, which includes a technical person from 9am-5pm, the availability of an IT Manager and other specialists as needed for network and/or database services. This contract does not include any training. They have a 24/7-hotline number available. They will be on site 40 hours per week. One of the other bids only committed to four days per week and during the summer three days per week. There were two bids above and two below this price. Legislator Bleiler asked what the two higher bids offered that is different from Danica. Legislator Slusser explained that one of them is working for Yates County and were the ones who offered four and three days a week. They are also a larger company with twenty employees. Chairman Gifford asked if this contract would do away with Integrity at Mental Health and Public Health. Legislator Slusser said that is the intention. He explained that the decision came down to two groups that were already supporting county departments. The Health Services department is going to do a wait-and-see process to make sure all of their needs are met with the new vendor. Legislator Slusser stated that Charlotte Jaynes has informed him that the Health Services Departments have committed hours to Integrity into 2005. The Clerk of the Legislature informed the legislators that the county cannot pay in advance for services. The Integrity agreement expires December 31, 2004. The Clerk of the Legislature asked if the Legislature wished to add to the “Be It Resolved” clause that this be a county-wide agreement for services. Legislator Slusser suggested discussion be made with ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 125 George Roets about this soon. There are certain State software billing programs in Health Services that would lose revenues if the system was down and claims could not be made. Legislator Larison in at 9:24 a.m. Legislator Bleiler asked how the payment would be made to Danica. Attorney Coleman stated that it would be against hours as a requirement contract. The $117,000 is a not to exceed amount for one person on-site, paying up to 40 hours per week. Legislator Bleiler feels the overall supervisor IT Manager piece is just as important as the technician. Legislator Slusser said if you calculate the hourly rate they charge for 40 hours a week, it is well over the flat rate of $117,000. Legislator Bleiler asked about paying them quarterly. Legislator Slusser informed them that payments of $9,750 is what they requested. The Clerk of the Legislature explained that they can encumber funds from this year into next year if there is anything left. She also explained that there would still be office supplies and equipment budget line items needed for 2005. Legislator Bleiler asked if this group would be serving outside agencies and municipalities. Legislator Slusser said only county departments were part of the proposal. Legislator Slusser informed the legislators that they will have this new vendor sit on the IT Advisory Committee. VOTE: Passed 8-0. RESOLUTION NO. 337 Motion by Karius, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE COMPUTER EQUIPMENT – BUDGET OFFICER WHEREAS, the Budget Officer is in need of new computer equipment in order to work on the upcoming 2005 budget, and WHEREAS, there are not enough funds in the Budget Officer’s budget to make said purchase in the amount of $2,227.39, and WHEREAS, the cost of copies for the budget will be absorbed by the Legislative Office. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorize the Budget Officer to purchase new computer equipment, and BE IT FURTHER RESOLVED, that the Treasurer is hereby authorized to transfer the amount of $680.00 from account no. 1340.400-Contractual to account no. 1340.207-Computer and the remaining balance of $1,547.39 from Contingency Account 1990.500 into account no. 1340.207 – Computer. VOTE: Passed 6-0. The meeting was recessed at 9:45 a.m. and reconvened at 10:15 a.m. for a County Administrator Selection Committee discussion. George Roets and Michael Maloney joined the meeting as part of the committee. MOTION by Legislator Bingell to go into executive session to discuss employee work history, SECOND by Legislator Karius. Motion carried eight ayes to zero noes. MOTION by Legislator Larison to come out of executive session, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. RESOLUTION NO. 338 Motion by Larison, Second by Slusser. RE: INTERIM APPOINTMENT OF COUNTY ADMINISTRATOR WHEREAS, the County Administrator Selection Committee has recommended the hiring of an in-house candidate for the position of County Administrator, and WHEREAS, said designate appointment is in title only until such time a salary recommendation can be agreed upon and after Local Law No. 3 of the Year 1999 has been amended and an offer letter accepted by the candidate. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoints Gail M. Hughey as Interim County Administrator Designate effective immediately until a permanent appointment can be made. DISCUSSION: Legislator Larison stated that his motion also includes following the guidelines the County Attorney has mapped out for them to continue with a permanent appointment, such as letters to applicants stating that the Legislature has decided to hire from within and amending Local Law No. 3 of 1999 to add to the qualifications. VOTE: Passed 6-2. Noes: Bleiler, Karius. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 126 PUBLIC PARTICIPATION: None. The Meeting adjourned at 11:25 a.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk REGULAR MEETING SEPTEMBER 13, 2004 The September 13, 2004 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Gwen Chamberlain, as editor of the county’s official newspaper, she said she was disappointed that a special meeting was called without her knowing it with a special agenda item added. She handed out contact information on herself to all legislators and staff. RESOLUTION NO. 339 Motion by Bingell, Second by Larison. RE: APPROVE MINUTES OF THE AUGUST 9, 2004 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the August 9, 2004 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 340 Motion by Larison, Second by Yuhasz. RE: AGREEMENT TO BE LOCAL SPONSOR FOR SNOWMOBILE TRAILS GRANT APPLICATION FOR SNOWMOBILE CLUBS FOR 2004-2005 WHEREAS, four local Snowmobile Clubs in the county wish to use the Schuyler County Government as their authorized local sponsor for their grants, and WHEREAS, the Planning Department would be the administrator of the grants and the County Treasurer would administer the grant funds, and WHEREAS, the Snowmobile Clubs will carry $1,000,000 in insurance with a copy filed in the Planning Office with the County being named an additional insured, and WHEREAS, the Department of Environmental Conservation (DEC) will issue the Adopt-a-Resource agreements to the Snowmobile Clubs with the idea that there will be less needed grooming by DEC for the state owned trails. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to be the authorized local sponsor for four local Snowmobile Clubs in the county in the pursuit of Snowmobile Trails Grant funds, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the grant application. VOTE: Passed 8-0. RESOLUTION NO. 341 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH BARBARA SHOEMAKER, RN - PUBLIC HEALTH WHEREAS, Barbara Shoemaker, RN, has served Public Health for some time and has extensive knowledge of the Home Health operations, and WHEREAS, the Public Health Department requires nursing assistance from time to time, and WHEREAS, funds are available in the 2004 Public Health budget, account no. 4010.490 to contract for part-time nursing services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Barbara Shoemaker, RN, for the provision of part-time nursing services effective immediately through December 31, 2004, renewable annually on the calendar year, at the hourly rate of $18.50, not to exceed $4,500.00 for the period of this agreement, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 127 RESOLUTION NO. 342 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE FILLING VACANT PART-TIME REGISTERED PROFESSIONAL NURSE POSITION - PUBLIC HEALTH WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, there is a vacant Registered Professional Nurse part-time position in Public Health which the Director of Community Services/Public Health wishes to fill, and WHEREAS, funds are available in the 2004 Public Health budget to allow for this. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the filling of the Registered Professional Nurse vacancy in the Public Health Department, 17 hours per week, at an hourly rate of $16.22, Grade XXIII, effective immediately. VOTE: Passed 8-0. RESOLUTION NO. 343 Motion by Bingell, Second by Yuhasz. RE: RECOGNIZE THURSDAY, OCTOBER 7, 2004 AS NATIONAL DEPRESSION SCREENING DAY - COMMUNITY SERVICES WHEREAS, National Depression Screening Day can provide in-person and online screening for four of the most common and frequently co-occurring mental disorders - depression, bipolar disorder, generalized anxiety disorder and post-traumatic stress disorder, and WHEREAS, National Depression Screening Day is designed to call attention to mood and anxiety disorders on a national level and to educate the public about their and effective treatments, and WHEREAS screening for these disorders can be done through the Community Services Mental Health Clinic, and WHEREAS, anyone interested in the screening service available can contact the Mental Health Clinic or other sponsors of National Depression Screening Day. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature encourages the residents of Schuyler County to contact the Mental Health Clinic for Depression Screening during the month of October. VOTE: Passed 8-0. RESOLUTION NO. 344 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE 2004 CONTRACT RENEWAL 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, renewal of this agreement is necessary to continue the Medicare billing process and avoid disruption of this revenue source. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to renew the agreement with Ivans, Inc. for Medicare billing services, at an annual cost not to exceed $2,500, funds available in the 2004 Public Health budget, account no. 4010.532, subject to the approval of the County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 345 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH FREED MAXICK & BATTAGLIA, PC FOR COST REPORT PREPARATION - PUBLIC HEALTH WHEREAS, renewal of the agreement with Freed Maxick and Battaglia, PC for preparation of the annual Medicare cost report was approved by motion of the Health Services committee on Nov. 17, 2003, and WHEREAS, the letter of engagement received from Freed Maxick and Battaglia, PC subsequent to the committee approval increased the annual fee from $10,500 to $11,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Freed, Maxick and Battaglia, PC for preparation of the 2003 Medicare cost report in the amount of $11,000, subject to the approval of the County Attorney, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 128 BE IT FURTHER RESOLVED, that said increase shall be covered from within the contractual line items within the 2004 Public Health Budget. VOTE: Passed 8-0. RESOLUTION NO. 346 Motion by Bingell, Second by Larison. RE: AMEND AGREEMENT WITH STAFKINGS FOR HOME HEALTH SERVICES – PUBLIC HEALTH WHEREAS, an agreement exists between the Schuyler County Home Health Agency and Stafkings to provide home health services, and WHEREAS, at the time of the agreement the services provided by Stafkings were on an as needed basis and were not the primary source of services required by the Home Health Agency, and WHEREAS, due to the dissolution of home health services by the primary contractor, Stafkings has become a primary provider of home health personnel, and changes to the existing agreement are needed to reflect Stafkings enhanced role as a primary contractor, including changes to hourly wage rates, the establishment of on-call and overtime rates, and transportation allowances. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute an amendment to the 2004 contract with Stafkings to provide home health services, to include changes in wage rates as indicated, and addressing on call, overtime, and transportation costs, funding available in the 2004 Public Health budget, account no. 4010.490, subject to the approval of the County Attorney. Home Care Nursing rates: Registered Nurse $26.01/hr. to $31.16/hr. Differential for level of care Overtime – RN $34.56/hr. to $39.36/hr. Differential for level of care On Call – RN $2.25/hr or $2.88/hr. Higher rate for holidays only Mileage $.325 per mile VOTE: Passed 8-0. RESOLUTION NO. 347 Motion by Bingell, Second by Larison. RE: AMEND 2004 BUDGET – VETERANS SERVICE AGENCY WHEREAS, per Resolution No. 246-04 the Schuyler County Veterans Service Agency is in receipt of grant funding from the New York State Division of Veterans Affairs, and WHEREAS, the funding is to be used for counseling services and needs to be placed in the appropriate line item in the budget. NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorizes the County Treasurer to amend the 2004 Veterans Service Agency budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$1,860.00 6510.435 Professional Fees & Services +$1,860.00 6510-3710 Veterans Service Agencies Revenues VOTE: Passed 8-0. RESOLUTION NO. 348 Motion by Bingell, Second by Larison. RE: AUTHORIZE AGREEMENT WITH NEW YORK STATE ELECTRIC AND GAS (NYSEG) AT THE GREENIDGE POWER PLANT IN DRESDEN FOR BOTTOM ASH/CINDERS- HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee have agreed there is a need for the Highway Department to purchase Bottom Ash/Cinders and WHEREAS, AES Greenidge, LLC requires a signed agreement before any municipality can enter the power plant in Dresden to load the bottom ash. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with AES Greenidge, LLC for the Highway Department to purchase approximately 1000 tons of bottom ash from the NYSEG power station at $1.50 per ton if municipality load or $2.50 per ton if AES loads, for the period September 1, 2004 through August 31, 2005; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 349 Motion by Larison, Second by Bingell. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 129 RE: AUTHORIZE STOP DWI PLAN FOR 2005 – SHERIFF’S DEPARTMENT WHEREAS, the County of Schuyler is participating in the New York State Stop D.W.I. Program, and WHEREAS, participation in said program is totally reimbursed by the State of New York. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby adopts and approves the 2005 STOP-D.W.I. 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: Passed 8-0. RESOLUTION NO. 350 Motion by Larison, Second by Bingell. RE: AUTHORIZE FILLING THREE PART-TIME VACANT CORRECTION OFFICER POSITIONS – SHERIFF’S DEPARTMENT WHEREAS, there are three part-time correction officer positions vacant in the Schuyler County Sheriff’s Department, and WHEREAS, it is financially prudent to fill part-time positions rather than have full-time officers working overtime, and WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill the part-time correction officer positions at an hourly rate of $9.55-non-certified and $10.54-certified. VOTE: Passed 8-0. RESOLUTION NO. 351 Motion by Larison, Second by Bingell. RE: AUTHORIZE THE CREATION AND FILLING OF TWO ADDITIONAL TRANSPORT AIDE- FEMALE POSITIONS – SHERIFF’S DEPARTMENT WHEREAS, there are numerous transports of female juveniles and female adults to correctional institutions, and WHEREAS, sometimes a female correctional officer is not available to assist in the transport, and WHEREAS, one transport aide-female has been on limited duty for almost a year. NOW, THEREFORE, BE IT RESOLVED, that the Sheriff is allowed to create and fill two part-time Transport Aide-Female positions in the Sheriff’s Department at the hourly rate of $9.55, so that female officers will be available when female juveniles and adults have to be transported to correctional institutions, and BE IT FURTHER RESOLVED, that this creation of two part-time Transport Aide-Female positions will be of no extra cost to the County, but in reality saving County dollars due to reduced overtime. DISCUSSION: Legislator Larison informed the legislators that the Sheriff’s Department is in need of eight people to be transferred right now. This will not adversely affect the budget and encourages their support. VOTE: Passed 8-0. RESOLUTION NO. 352 Motion by Larison, Second by Bingell. RE: AUTHORIZE OUT OF STATE TRAVEL – SHERIFF’S DEPARTMENT WHEREAS, an additional race will be held at the Watkins Glen International Racetrack in September 2005 called the IRL Race, and WHEREAS, where it is in our best interest to have someone from the Sheriff’s Department go to Nazareth, PA to look over the security operations for that race, and since Nazareth is located in the state of it needs to be authorized by the Legislature. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff is hereby authorized to send Undersheriff William Yessman out of state for travel to the Nazareth speedway and that such expenses for the trip will be borne by Watkins Glen International Racetrack. VOTE: Passed 8-0. RESOLUTION NO. 353 Motion by Larison, Second by Bingell. RE: AUTHORIZE RESEARCH OF AND PROCUREMENT OF FUNDING FOR THE PROPOSED RURAL URBAN CENTER EXPANSION AND RENOVATION PROJECT – BUILDINGS AND GROUNDS ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 130 WHEREAS, the Schuyler County Buildings and Grounds Maintenance Supervisor, at the direction of the Public Works Committee, has researched the building space needs of all County Government Departments, and WHEREAS, those findings have found significant shortages of space for the public and employees, due to both increased mandates from State and Federal governments as well as increased public use of services, and WHEREAS, after reviewing several options with the Public Works Committee it was decided to go forward with the option to further develop the under used site at the Rural Urban Center in Montour Falls, and WHEREAS, in the process, the Headstart Executive Director approached the county with the fact that the Headstart Board of Directors had been looking for improved classroom and office space for some time now to no avail, and WHEREAS, the Public Works committee wishes to see the Headstart Program have improved facilities for the children of Schuyler County and consequently they approved Headstart to be a part of the proposed expansion project, and WHEREAS, the proposed approximate cost for the building renovations and addition is $7,000,000. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby grants the Building Maintenance Supervisor and others to seek grants and other funding for the next six months to reduce the cost of the proposed project, and BE IT FURTHER RESOLVED, that this Legislature endorses the concept of the project as being one that will benefit many Schuyler County residents as well as improve government operations by consolidating complementary agencies at one site, but does not commit to going beyond seeking funding at this time, and BE IT FURTHER RESOLVED, that the Chairman of Legislature be authorized to sign grant applications or other funding documents pertaining to the above; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 354 Motion by Larison, Second by Bingell. RE: AUTHORIZE ADVERTISEMENT FOR COMPUTER AIDED DISPATCH AND INTEGRATED PHASE I AND II COMPLIANT GIS MAPPING SYSTEM – EMERGENCY MANAGEMENT WHEREAS, the Office of Emergency Management is in receipt of Wireless E-911 Expedited Deployment funding to allow for the purchase of a GIS mapping system, and WHEREAS, in accordance with Section 103 of the General Municipal Law, all purchase contracts involving an expenditure of more than $10,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this section. NOW, THEREFORE, BE IT RESOLVED, that the Emergency Management Coordinator be hereby authorized to advertise for bids for a Computer Aided Dispatch and Integrated Phase I and II Compliant GIS Mapping System. VOTE: Passed 8-0. RESOLUTION NO. 355 Motion by Bingell, Second by Larison. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR STRUCTURAL MAINTENANCE AND REPAIRS ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY – HIGHWAY DEPARTMENT WHEREAS, Schuyler County’s bridge, culvert and guiderail system is extensive, and WHEREAS, the county receives structural damage which requires repair on various structures throughout the county due to emergencies, State Flag reports, natural disasters, etc., and WHEREAS, work on these structures may require services from private firms to assist county forces, and WHEREAS, the Highway Department has term agreements in place for engineering services to develop plans and design any needed repairs. NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent be hereby authorized to advertise for bids on an hourly basis from private firms to assist county forces for repairs on various structures throughout the county. VOTE: Passed 8-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 131 WITHDRAWN RE: AUTHORIZE AGREEMENT WITH SGS TESTCOM AND IBM FOR A VEHICLE INSPECTION PROGRAM – HIGHWAY DEPARTMENT - WITHDRAWN RESOLUTION NO. 356 Motion by Bingell, Second by Larison. RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 2004 AMENDING LOCAL LAW NO. 3 OF THE YEAR 1999 TO ADD SUBSECTION A2 TO SECTION 3 “QUALIFICATIONS” WHEREAS, an additional subsection needs to be added to the Local Law for years of governmental experience. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2/Local Law No. of the year 2004, in the form hereto annexed amending Local Law No. 3 of the Year 1999 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 28, 2004 at 6:30 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 2004 BE IT ENACTED, by the Schuyler County Legislature, as follows: There shall be added to Section 3 “Qualifications” of Local Law No. 3 of the Year 1999 Subsection A2 as set forth below: Section 3, Subsection A2: Or at least 10 years of administration/management experience in county government. DISCUSSION: Legislator Bleiler asked for an explanation. Attorney Coleman explained that this is to add experience as an optional qualification to the Local Law. Chairman Gifford said they are not looking at the entire local law, just an added amendment to the original. Legislator Bleiler asked if this simply offered another option. Attorney Coleman said that is correct. Legislator Bingell called for the question. VOTE: Passed 6-2. Noes: Karius, Bleiler. RESOLUTION NO. 357 Motion by Bingell, Second by Larison. RE: MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two Resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 358 Motion by Larison, Second by Bingell. RE: AMEND RESOLUTION NO. 132-04 TITLED ACCEPT PROPOSAL FOR OIL AND GAS LEASING OF COUNTY OWNED LAND - BUILDING AND GROUNDS – AMENDED BY RESOLUTION NO. 177-04 WHEREAS, Resolution No. 132-04 accepted the only proposal received for oil and gas leasing on county-owned land from EOG Resources, and WHEREAS, said Resolution erroneously excluded County Road 16 acreage for which EOG Resources needs access to in order to cross over lands already leased to them per this Resolution. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 132-04 be amended by adding 34.643 total acres to the original lease at a price of $120.00 per net acre for a total of $4,157.16. VOTE: Passed 8-0. RESOLUTION NO. 359 Motion by Larison, Second by Bingell. RE: NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY 2004-2005 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 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 132 WHEREAS, the Schuyler County 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 Schuyler County Chamber of Commerce has served as the Schuyler County lead tourism promotion organization since its inception, and WHEREAS, the Schuyler County Chamber of Commerce has requested to be designated as the County’s Tourism Agency for the 2004-2005 State Program Year. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Chamber of Commerce be, and hereby is, designated by the Schuyler County Legislature as its Tourist Promotion Agency for the 2004-2005 State Program year to represent the County of Schuyler under the present New York State Tourist Promotion Act for all purposes set forth in said act, and BE IT FURTHER RESOLVED, that the Schuyler County Chamber of Commerce be, and hereby is, authorized to execute any documents under the Matching Grants Program and is authorized to make application for and receive grants on behalf of the County of Schuyler pursuant to the New York State Commerce Department budget for 2004-2005, 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 Schuyler County Chamber of Commerce and the Finger Lakes Association. VOTE: Passed 8-0. NEW BUSINESS: Chairman Gifford introduced the new Chamber of Commerce Director Jim Berg. UNFINISHED BUSINESS: Legislator Yuhasz said he received a call from a person that resides on Old Corning Road below County Road 17 about truck traffic again. This person is concerned about trucks coming down that road illegally. Legislator Bingell said she will be reporting on this issue under Report on Standing Committees next on the agenda. REPORT ON STANDING COMMITTEES: Legislator Bleiler reported on the Sesquicentennial celebration. This month is sports and recreation. There is a schedule of events for the remainder of the year. A flyer is available in the office. Legislator Bingell reported on the Public Works committee. She asked that consideration be given when placing political signs, as it causes problems for the Highway Department to mow. The County Route 17 problem does continue with truck traffic. Trucks are not able to travel down State Route 414 to the Village of Watkins Glen because of limitations, so they are traveling up County Route 16 and coming down County Route 17, Old Corning Road. It is a much narrower road. The Sheriff and the Highway Department are working together to see what overweight trucks are going down the hill and if local or out of town trucks have a local permit. Legislator Yuhasz said some people do not feel the study is good enough. Chairman Gifford said the New York State Department of Transportation that is studying Route 414 hill also. Legislator Slusser reported on the Management & Finance Committee. The IT Advisory Committee has selected a new IT vendor, who be on site soon. On the budget side, department heads will be contacted from students at Binghamton University to discuss their budgets. He sent letters to the four largest contract agencies to do the same. The request for budget numbers will be going out soon. Legislator Bleiler feels all other agencies should be notified also, they may wish to write a mission statement and set goals for 2005 with their packet. Legislator Slusser said he would send them all a memo, however not require them to meet with the SUNY student. A mission and/or goal statement for 2005 can be submitted if they wish to compare those to what they did in 2004 or long range plans. Legislator Fagan reported on the Community Development and Natural Resources Committee. Last week, the Environmental Management Council (EMC) made two presentations. The topic of discussion was Rock Cabin Road. It is very unique with natural resources and fifty-five different species of butterflies and three-hundred different plant species, cattail marsh, ledge deposits and steep wooded areas. EMC is looking at ways to maintain the unique resource and look into educational venues. The experts from Cornell were very impressed with the diversity. People from outside the State visit this area also. If you are interested, contact himself or EMC. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 133 PUBLIC PARTICIPATION: None. MOTION by Legislator Larison to go into executive session to discuss four employee appeals, SECOND by Legislator Yuhasz. Motion carried eight ayes to zero noes. MOTION by Legislator Bingell to come out of executive session, SECOND by Legislator Larison. Motion carried eight ayes to zero noes. MOTION by Legislator Fagan to table these four appeals for one more month to look them over more carefully, SECOND by Legislator Slusser. Motion carried eight ayes to zero noes. The Meeting adjourned at 7:24 P.M. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk SPECIAL MEETING SEPTEMBER 28, 2004 The September 28, 2004 Special Meeting of the Schuyler County Legislature was called to order at 6:45 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment of Silence. All Legislators were present except Legislator Fagan who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2004 AMENDING LOCAL LAW NO. 3 OF THE YEAR 1999 TO ADD SUBSECTION A2 TO SECTION 3 “QUALIFICATIONS”: Chairman Gifford welcomed the public present and introduced Legislator Slusser who made a statement before the public was heard. Legislator Slusser felt two items were problematic – the process and communication. He noted that the media did not interview search committee members when printing their stories. He then explained the process the selection committee had gone through with applicants that applied for the County Administrator position. There were a number of applicants involved, and the committee narrowed it down to approximately 17. All the legislators, as well as other members of the search committee received every approved application. Even after twelve sets of eyes reviewed the applications, they reached the same conclusion – they were not happy with the qualifications of the candidates. One applicant lived well out of state and was currently earning a six-digit salary; another out of state candidate had a degree, but no experience, one had military background and was a head master at a school. The committee had hoped to get more applications with relevant administration or deputy administration experience. The committee took another look at why they were focusing on education and not experience and why it is so important. A lot of applicants were out of state and did not know New York State laws. They looked at the experience factor and asked the County Attorney what process they would have to go through to change the Local Law to add so many years of experience as an option. A public hearing was set and the change they are contemplating tonight is adding OR at least 10 years of administration/management experience in county government. Then the job description and qualifications will look like one of our neighboring counties. Nick Paradiso, Jr. spoke as a selection committee member. He gave his work experience and admitted that he was the one to suggest the change. He did not see one applicant worth interviewing. He also stated that some applicants were retired policeman, staffers from State Legislative offices, none of them with leadership experience. He had hoped for a Deputy County Administrator or someone from a municipality with county government experience. Since the committee’s first meeting to go over applicants on September 1, 2004, he knew they should not continue. He is not sure why they did not receive qualified candidates, whether the location of our county or the salary offered had anything to do with it or not. The staff did a good job advertising everywhere. The committee just felt frustrated, and being through this process twice, he was very frustrated. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 134 Donald Quigley from the Town of Hector spoke in opposition to the process. He believes the Legislature is leading the county in the wrong direction by lowering the job requirements. There were twelve applicants that met the qualifications and they were not even interviewed. He feels the interview process reveals additional information about a candidate. This county needs the best person for the job, not someone to lessen the Legislators’ workloads. The position is not being offered to others who would meet the changed qualifications. He feels it would lower employee morale not to re-advertise. He said the action of legislators tonight will be remembered at election time. Jen Gage Sage said she was one of the applicants that was told she was not qualified. She listed her qualifications and education to the public. She questioned why business people are not qualified for the job. She feels all that applied were ignored. She then read from a letter to the editor. She feels the Legislature’s actions are an insult to the residents of this county. She feels the Legislature is diminished in the public eye. To advertise and accept applications is misleading and willful fraud. There should be a class action suit by every taxpayer on this issue. Jim Leyman said he has worked in the Maine University system. He gave his work experience and education for the public. He is here because of the editorial written by Doris Karius. Not knowing the facts and knowing that the paper can be distorted he was unsure whether he agreed with her comments that nothing illegal or unethical happened. There are laws that state once you advertise for a job and solicit people to apply, you need to follow through. He asked what happens at this point and if the county will be re-advertising and giving those who applied a chance for an interview? He feels it is wrong to say that education is the requirement and important and then turn around and say it does not apply. Diane Overhiser spoke in opposition to the process. She has nothing against Gail Hughey, and she feels it is wonderful when an employer can hire from within. She feels this process needs higher education. She hopes it does not turn out the same way as it did before. The taxpayers voted down a manager and the county hired an administrator anyway. She asked that they please advertise again and keep the qualifications unchanged. Bonnie Howell said she just recently read the job description. This should not be against Gail, it is good to promote from within, however she feels this is not fair market value. If you read other job descriptions for other counties, she is not qualified. The administrator in Steuben County earns $80,000 and has a longer list of educational requirements and job duties. Michael Kent feels the administrator’s position is an executive position and that Clerk’s are not framed for executive positions. It is not a question of education, it is whether this person has run a business before. Ruth Young said it is very uncomfortable for her to see a very professional and outstanding person brought through the mud this way. She cannot think of a person with more character for the position. She feels the Legislature missed the boat back in 1996 when the vote was no on this position, missed the boat when they hired the first administrator, and missed the boat again with changing the job description. If time is of the essence, you knew in January what the budget was going to be, she feels decisions are being made in haste. Don Kosty said his feelings have nothing against Gail, but if the standards are lowered, then the job should be re-advertised. He sees ten people in the audience that would qualify for the job. David Cooligan said he is concerned with the lack of process. When advertisement results in no qualified candidates, then a reassessment and re-advertisement process should be followed. Lowering the criteria concerns him. He also feels this is a disservice to Gail Hughey. If she is appointed, people will point fingers forever because of the process that was used. While she may be qualified, he feels they should re- advertise and get a new pool of candidates. Bob Harrison said he is not fortunate to have the piece of paper (degree) either. He feels this is not lowering the standards, but changing them. Pat Hastings said she, too, is concerned with the lack of process and feels the taxpayers are being treated poorly. She feels the county is not this Legislature’s priority. There are too many department heads that do not make the county their priority either. They want more, more, more. If you feel you want Gail, then change the title, give her another job and do not fill the administrator position. The past legislators worked too long and hard on the structure of that position. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 135 Diane Carl said the voters spoke in 1996, and there is no money in the budget for this position. There has been money spent on advertising already. She feels Gail would take all the hits. She would be the fall guy. You have good department heads. Maybe the county needs an administrator, but not an in-house candidate. She encouraged the legislator to not change the qualifications. RESOLUTION NO. 360 Motion by Larison, Second by Slusser. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. Local Law Intro. No. 2/Local Law No. 3 of the Year 2004 Amending Local Law No. 3 of the Year 1999 to Add Subsection A2 to Section 3 “Qualifications” VOTE: Passed 7-0. RESOLUTION NO. 361 Motion by Larison, Second by Slusser. RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 2004 AMENDING LOCAL LAW NO. 3 OF THE YEAR 1999 TO ADD SUBSECTION A2 TO SECTION 3 “QUALIFICATIONS” - FAILED WHEREAS, Local Law Intro. No. 2/Local Law No. of the Year 2004 Amending Local Law No. 3 of the Year 1999 to add Subsection A2 to Section 3 “Qualifications” was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held September 28, 2004 at 6:30 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 2004, 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 2004, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2004 BE IT ENACTED, by the Schuyler County Legislature, as follows: There shall be added to Section 3 “Qualifications” of Local Law No. 3 of the Year 1999 Subsection A2 as set forth below: Section 3, Subsection A2: Or at least 10 years of administration/management experience in county government. This Local Law shall take effect immediately subject to filing in the Office of the Secretary of State. DISCUSSION: Resolution No. 361 Legislator Bleiler said his recollection of the selection committee process is different from Legislator Slusser’s. He is a member of the selection committee. They had one meeting and he was out of town. He came back to a meeting on Special Meeting on September 8, 2004. At that meeting, we went into executive session and came out abandoning the process and voted to hire Gail Hughey. He was not sure what happened. The next meeting was the Regular Meeting, Monday, September 13, 2004 where a Local Law was presented to him for the first time to change Local Law No. 3 of 1999. He did not know what they were doing. He read it as a substitute for education. Regular resolutions go through committee, then through the Resolution Review Committee, then the Regular Meeting for a vote. Normally there is one month’s time between introducing a local law and adopting the local law. This one is happening too fast. He is frustrated with the lack of process. He is not sure what the minutes say from the September 8, 2004 meeting. He said they should not be substituting experience for education, they should value both. He outlined some items he feels are important benefits of education and feels that experience is learning by doing. For some, it is a critical mode of learning. He feels it is extremely important for an administrator to have both. The county always stresses education. Our Probation Director, Public Health and Mental Health Director, Sheriff, and all attorneys have education. Why would we hire someone without any formal education to supervise these departments. If ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 136 he were to need surgery, he would go to an educated surgeon, if he needed an attorney, he would go to an educated attorney. For legal, life or business, he would rely on someone with an education. He would do no less for his county. Legislator Yuhasz said he is not a member of the selection committee. He perceived the process as they were not able to find someone qualified. His suggestion is to change this local law and re-advertise. Legislator Larison noted that Gail Hughey has three years of college. They could have her get another year for a degree. She has the hands-on experience working with department heads and the county, which is important. Legislator Bleiler said the Legislature has always felt an administrator was needed, but all of the districts voted it down in 1996. That vote will always have an affect on this position and the Legislature. The Legislature must present a united front on the need and benefits of having an administrator to instill the confidence of the public. He voted no on this position earlier in the year because he wanted to see some preliminary budget figures for 2005. The vote was 5-3 for the position then. Now we have abandoned the process and the public’s confidence is lost. Hiring an administrator would put that person and the Legislature in a lose-lose situation. He read from the job description. An administrator must be well trained. He listed some of the decisions the Legislature is currently faced with and a County Administrator would be involved in. In order to get the 2005 budget done, staff might have to be cut, property taxes might have to be raised. What staff, what is an acceptable tax increase? Legislators could vote yes or no. It would be helpful to have recommendations on these decision from someone competent. The public confidence is low. To hire an administrator now, that person would be a scapegoat for bad decisions. We changed the rules of the legislature to avoid that. Please do not destroy the public confidence anymore. He feels they should abandon the whole thing and concentrate on the budget. Legislator Bingell said for the record, if they have someone who knows municipal law, they do not need someone more qualified than other counties. We do need someone who knows what to do. It should be the eight of us. It should not be a hit guy or a fall guy. It should not be that legislators are reluctant to attend meetings or were told they only have to attend one meeting a month. The Legislative Resolution Review Committee meets once per month, then there are at least four standing committee meetings per month, and then there are outside committees. We are making close to $6,000 annually plus benefits for some, which is almost $16,000 a year total. She believes if we all did our job, we would not need an administrator. There are no funds available for the position in the current budget and it would have to be funded from contingency. Legislator Larison said he has always voted no on this issue, feeling they do not need an administrator. The majority of the board decided by a 5-3 vote to have one, so he is now supporting it and supports hiring Gail Hughey. Legislator Bingell is correct, if we all did our job, we would not need one. Legislator Karius said she feels this issue is not a reflection against Gail Hughey. VOTE: Failed 3-4. Noes: Bingell, Karius, Bleiler,Larison. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:56 P.M. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk REGULAR MEETING OCTOBER 12, 2004 The October 12, 2004 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present except Legislators Karius and Larison who were excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 362 Motion by Bleiler, Second by Bingell. RE: APPROVE MINUTES OF THE SEPTEMBER 8, 2004 SPECIAL MEETING, SEPTEMBER 13, 2004 REGULAR MEETING AND SEPTEMBER 28, 2004 SPECIAL MEETING OF THE SCHUYLER ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 137 COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the September 8, 2004 Special Meeting, September 13, 2004 Regular Meeting and September 28, 2004 Special Meeting of the Schuyler County Legislature be approved. VOTE: Passed 6-0. RESOLUTION NO. 363 Motion by Fagan, Second by Yuhasz. RE: DESIGNATE SCHUYLER COUNTY AS LEAD AGENCY FOR THE RIGHT-TO-FARM LAW STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) WHEREAS, Schuyler County is considering the adoption of a county-wide Right-to-Farm Law, and WHEREAS, the adoption of such legislation is an unlisted action under New York State SEQR Act, and WHEREAS, Schuyler County wishes to conduct a coordinated review of this action. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature designates itself as the Lead Agency for the adoption of a Right-to-Farm Law, as interested agencies have been notified and none has sought to assume lead agency status. VOTE: Passed 6-0. RESOLUTION NO. 364 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT TO THE ALCOHOL AND SUBSTANCE ABUSE SUBCOMMITTEE - COMMUNITY SERVICES WHEREAS, the Alcohol and Substance Abuse Subcommittee has several vacancies, and WHEREAS, Kathy Miles has expressed an interest in serving on the Subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Kathy Miles to the Alcohol and Substance Abuse Subcommittee for the term October 12, 2004 through December 31, 2007. VOTE: Passed 6-0. RESOLUTION NO. 365 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER COUNTY CHILD CARE COORDINATING COUNCIL - PUBLIC HEALTH WHEREAS, the Schuyler County Child Care Coordinating Council currently contracts with Public Health for skilled nursing services for training and consulting purposes for their child care programs, and WHEREAS, the current contract expired on September 30, 2004 and continuation of these services is necessary to ensure quality child care is available in Schuyler County, and WHEREAS, the Schuyler County Child Care Coordinating Council will reimburse the Public Health Department for services provided from October 1, 2004 through September 30, 2005, being the federal budget year schedule, in the following amount: 1. An hourly rate of $51.40, up to a maximum of four hours per occasion, for skilled nursing and consultation services, and 2. A flat rate of $400 per training session for one instructor or $750 per training session for two instructors providing Medication Administration training for child care providers. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract renewal with Schuyler County Child Care Coordinating Council from October 1, 2004 through September 30, 2005, for the Public Health Department to provide skilled nursing services for the purpose of consultation and training, at the stated rates, subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 366 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE APPOINTMENT TO THE COMMUNITY HOME CARE PROFESSIONAL ADVISORY COMMITTEE - PUBLIC HEALTH WHEREAS, Constance Fraboni has resigned from the Community Home Care Professional Advisory Committee, and WHEREAS, Jill is willing to serve on the Committee. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 138 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the appointment of Jill to the Community Home Care Professional Advisory Committee for the term October 12, 2004 through December 31, 2004. VOTE: Passed 6-0. RESOLUTION NO. 367 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE APPOINTMENTS TO THE COMMUNITY SERVICES BOARD AND ALCOHOL & SUBSTANCE ABUSE SUBCOMMITTEE - COMMUNITY SERVICES WHEREAS, the Community Services Board has a vacancy, and WHEREAS, members of the Community Services Board are invited to sit on a subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Matt Hayden to the Community Services Board and the Alcohol and Substance Abuse Subcommittee for the term October 13, 2004 through December 31, 2004. VOTE: Passed 6-0. RESOLUTION NO. 368 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZATION TO CREATE, ADVERTISE AND FILL SENIOR REGISTERED PROFESSIONAL NURSING POSITIONS - HEALTH SERVICES WHEREAS, Community Services and Public Health both require a high level of competency from their nursing staff due to the high level of independent judgment and scope of duties, and WHEREAS, the nursing shortage has made retaining and recruiting nurses extremely difficult, and WHEREAS, there is a strong need to both retain current staff and attract new staff to cope with the requirements of the nursing positions. NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services and Public Health be authorized to create, advertise and fill two Senior Registered Professional Nurse positions, in the Public Health Department and one Senior Registered Professional Nurse in the Community Services Department, Grade Level XXIV, at an hourly rate of $16.69, funding being available in the budget of each department, effective immediately. VOTE: Passed 6-0. RESOLUTION NO. 369 Motion by Bingell, Second by Yuhasz. RE: RECOGNIZE NOVEMBER 2004 AS AMERICAN DIABETES MONTH - PUBLIC HEALTH WHEREAS, there are 18.2 million people in the United States, or 6.5 % of the population who have diabetes, and WHEREAS, an estimated 13 million have been diagnosed with diabetes, 5.2 million people are unaware that they have the disease, and WHEREAS, the of diabetes include frequent urination, excessive thirst, extreme hunger, unusual weight loss, increased fatigue, irritability and blurry vision. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby recognizes November, 2004 as American Diabetes Month. VOTE: Passed 6-0. RESOLUTION NO. 370 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE 2004 - 2005 EARLY INTERVENTION / CHILD FIND / GRANT AND ESTABLISH BUDGET - PUBLIC HEALTH WHEREAS, the Department of Health has awarded $46,458.00 to Schuyler County Public Health for the continuation of the Early Intervention / Child Find / grant for the period October 1, 2004 through September 30, 2005. NOW, THEREFORE, BE IT RESOLVED, that the 2004 - 2005 budget be established as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$23,942 4010.100-4010 Personnel 1,533 4010.200-4010 Equipment 8,283 4010.489-4010 Fringe Benefits 5,000 4101.446-4010 Maintenance in Lieu of Rent 7,700 4010.400-4010 Contractual +$46,458 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 139 +$46,458 4010-4451-4010 Revenue VOTE: Passed 6-0. RESOLUTION NO. 371 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY YOUTH BUREAU – PUBLIC HEALTH WHEREAS, the Schuyler County Health Department is responsible for the Early Intervention Program, and WHEREAS, the Health Department receives funding from the NYS Department of Health for the administration of this program, and WHEREAS, the Schuyler County Youth Bureau, through its Families First program, has agreed to provide some of the administrative services and coordination. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the Schuyler County Youth Bureau, effective October 1, 2004 through September 30, 2005, at an amount not to exceed $7,500, funds available in the Public Health budget account no. 4010.400- 4010, with no local share cost, subject to approval by the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 372 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH FINGER LAKES ADDITIONS AND COUNSELING REFERRAL AGENCY (FLACRA) FOR NURSING SERVICES - PUBLIC HEALTH WHEREAS, the FLACRA would like to contract with Public Health for skilled nursing services for reviewing medical inventory forms, assessing immunization needs, recommending medical follow up needs and providing health education, as appropriate, and WHEREAS, FLACRA will reimburse the Public Health Department for these services provided from September 1, 2004 through August 31, 2005, at the hourly rate of $20.00 for skilled nursing services. NOW, THEREFORE, BE IT RESOLVED, that the Chair of the Legislature be authorized to enter into a contract with FLACRA from September 1, 2004 through August 31, 2005, for the Public Health Department to provide skilled nursing services, at the stated rates, subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 373 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH HEALTH RESEARCH, INC. AND AMEND 2004 COUNTY BUDGET - PUBLIC HEALTH WHEREAS, notification has been received from Health Research, Inc. authorizing up to $77,000, payable in installments, to support Public Health Preparedness and Response to Bioterrorism. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to amend the 2004 Public Health Department Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$50,000 4010.200-4029 Equipment +$27,000 4010.400-4029 Contractual +$77,000 +$77,000 4010-4401-4029 Revenue, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Health Research, Inc. for a $77,000 Bioterrorism grant for the term August 31, 2004 - August 30, 2005; subject to the approval of the Schuyler County Attorney VOTE: Passed 6-0. RESOLUTION NO. 374 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS FOR MILEAGE EXPENSE – VETERANS SERVICE AGENCY WHEREAS, the Veteran’s Service Agency mileage account is over budget, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 140 WHEREAS, there are sufficient funds in the 2004 equipment line item to transfer for future travel. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Treasurer be hereby authorized to transfer $400.00 from account no. 6510.246-Printer/Fax/Copier to account no. 6510.430-Mileage. VOTE: Passed 6-0. RESOLUTION NO. 375 Motion by Fagan, Second by Yuhasz. RE: APPROVAL OF THE OFFICE FOR THE AGING 2005 ANNUAL IMPLEMENTATION PLAN FOR THE OLDER AMERICANS ACT AND NYS COMMUNITY SERVICES FOR THE ELDERLY PROGRAMS WHEREAS, the Schuyler County Legislature has established an Office for the Aging in Schuyler County, and WHEREAS, the Office for the Aging is required to submit an Annual Implementation Plan, which includes plans for programs operated by the Office for the Aging, as follows: Title IIIB of the Older American’s Act Titles IIIC1 and IIIC2 of the Older American’s Act Title IIID of the Older American’s Act Title IIIE of the Older American’s Act Title V of the Older American’s Act Title VII of the Older American’s Act The Weatherization Referral & Packaging Program Health Insurance Information, Counseling and Assistance Program Community Services for the Elderly Program Congregate Services Initiative Program Home Energy Assistance Program Expanded In-Home Services for the Elderly Program (EISEP) Supplemental Nutrition Assistance Program (SNAP) NYS Long Term Care Ombudsman Program, and WHEREAS, the Plan requires approval by the Schuyler County Legislature before submitting the Plan in December 2004, and WHEREAS, the Public Hearing on the Annual Implementation Plan was held on September 10, 2004 at 1:00 PM at the Offices of the Schuyler County Office for the Aging as required, and WHEREAS, no Federal and/or New York State funding will be available until the Plan has been approved by the Schuyler County Legislature and submitted to the NYS Office for the Aging and approved. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign those funding applications necessary to carry out the services provided by the Schuyler County Office for the Aging, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign those contracts and agreements necessary to carry out the service provided by the Schuyler County Office for the Aging, all contracts are contingent upon 2005 budgetary funds and upon approval by the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 376 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FOR EMERGENCY AID FOR ADULTS – SOCIAL SERVICES WHEREAS, the Department of Social Services needs to transfer funds from the Juvenile Delinquency account to its Emergency Aid for Adults account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following transfers within the Department of Social Services 2004 Budget: Appropriations: + $4,000 6142.400 Emergency Aid for Adults - $4,000 6123.400 Juvenile Delinquency Revenue: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 141 + $2,000 6142-3642 State Aid – Emergency Aid for Adults - $2,000 6123-3623 State Aid – Juvenile Delinquency VOTE: Passed 6-0. RESOLUTION NO. 377 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE ADVERTISEMENT AND HIRING OF DEPUTY HIGHWAY SUPERINTENDENT POSITION – HIGHWAY DEPARTMENT WHEREAS, the current Deputy Highway Superintendent has notified the Highway Superintendent in writing of his intention to retire from his position on December 24, 2004, and WHEREAS, Resolution No. 439-03 requires a resolution to fill any and all vacancies, and WHEREAS, funds for this position will be budgeted in the 2005 budget. NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent be hereby authorized to advertise and hire a new Deputy Highway Superintendent in Grade Level F with a 2004 hiring range of $33,166 to $41,151. VOTE: Passed 6-0. RESOLUTION NO. 378 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR MISCELLANEOUS STRUCTURAL MAINTENANCE AND RECONSTRUCTION – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for assistance when the county receives structural damage, which requires repair on various structures throughout the county due to emergencies, State Flag reports, natural disasters, etc., and WHEREAS, Resolution No. 355-04 authorized the Highway Superintendent to advertise for bids for said projects, and WHEREAS, bids were opened October 4, 2004 and reviewed with the recommendation being made by the Highway Superintendent to accept the sole, low bid from Silverline Construction, in the following amounts: Classifications Towns of Catharine, Cayuta, Towns of Dix, Orange, Hector & Montour Hourly Rate Reading & Tyrone Hourly Rate Foreman $61.00 $61.00 Journey Man Carpenter 60.00 60.00 Iron Worker 65.00 65.00 Laborer 53.75 53.75 Equipped Field Truck 18.00 18.00 15 Cu. Yd. Dump Truck 60.00 60.00 15,000 lb. Crawler Dozer 95.00 95.00 30,000 lb. 3 yd. Wheeled Loader 95.00 95.00 45,000 lb. Excavator w/ Thumb 125.00 125.00 Bid to be used within budgeted funds for a given year. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a contract as set forth above; subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 379A Motion by Slusser, Second by Fagan. RE: MOTION TO TABLE RESOLUTION NO. 379 – FAILED BE IT RESOLVED, that Resolution No. 379 be tabled. DISCUSSION: Legislator Bleiler said at the Legislative Resolution Review Committee there was a question as to whether the Highway Superintendent was going to abolish the Laborer’s position that will be coming vacant. It is an intelligent move to use a Motor Equipment Operator instead of a Laborer, however this adds another position in next year’s budget. He feels it should be abolished. Attorney Coleman said that would involve the union. Legislator Bleiler suggested passing the resolution, but at budget time they should be aware of it. Legislator Slusser asked why they not address this now. Legislator Blelier felt it was not fair because the Department Head is not present to discuss the matter. The Clerk of the Legislature stated that they should also ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 142 have a conversation with the union first. Legislator Slusser felt it should be tabled until they have some answers. Legislator Bleiler felt to table it another month is not what the department head needs. The Clerk of the Legislature said it is most likely needed in preparation of snow season approaching. Legislator Yuhasz felt they should approve it now and cut the position at budget time. VOTE: Failed 2-4. Noes: Yuhasz, Fagan, Bleiler, Bingell. RESOLUTION NO. 379B Motion by Bleiler, Second by Yuhasz. RE: MOTION TO AMEND RESOLUTION NO. 379 BE IT RESOLVED, that Resolution No. 379 be amended to add a Be It Further Resolved clause to read “BE IT FURTHER RESOLVED, that said Laborer position will not funded in the 2005 budget”. DISCUSSION: Legislator Slusser noted that the department head could later request permission to fill the Laborer vacancy. Legislator Bingell said yes he could, however it needs the full Legislature’s approval. Legislator Slusser feels they should create the Motor Equipment Operator, but eliminate the Laborer position. The Clerk of the Legislature suggested that wording be added to the resolution to state that the Laborer position will not be funded in the 2005 budget. VOTE: Passed 6-0. RESOLUTION NO. 379 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CREATION AND FILLING OF A FULL-TIME MOTOR EQUIPMENT OPERATOR POSITION – HIGHWAY DEPARTMENT – AS AMENDED WHEREAS, an additional full-time Motor Equipment Operator’s position is needed in the Highway Department, and WHEREAS, this position can be filled in house by vacating a Laborer’s position. NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent is hereby authorized to create and fill one full-time Motor Equipment Operator’s position for the Highway Department at an hourly rate of $11.88, effective immediately, and BE IT FURTHER RESOLVED, that said Laborer position will not funded in the 2005 budget. VOTE: Passed 6-0. RESOLUTION NO. 380 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS FOR FUEL ACCOUNT – WEIGHTS AND MEASURES WHEREAS, the Weights and Measures fuel account is over budget and there are not sufficient funds in the 2004 Weights and Measures budget to pay for future purchases. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $150.00 from Contingency account no. 1990.500 to Weights and Measures account no. 6610.487-Gas and Oil. VOTE: Passed 6-0. RESOLUTION NO. 381 Motion by Bingell, Second by Fagan. RE: AUTHORIZE CONTRACT RENEWAL WITH BOUILLE ELECTRIC, INC. FOR GENERATOR AND UPS TESTING AND MAINTENANCE – BUILDINGS AND GROUNDS WHEREAS, Schuyler County has an uninterrupted power source (UPS), which includes generators that need to be maintained to provide 24/7 emergency communications, and WHEREAS, the contract term has changed from 15 months to 12 months and the cost has increased, and WHEREAS, the following reflects the change in amounts: Account # Description Amount 1620.400 911 Center Generator $466.00 5131.457 Highway Generator $466.00 3689.435 Terry Hill Generator $466.00 3689.435 911 Center UPS $1636.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a maintenance agreement with Bouille Electric, Inc. to provide maintenance and service for the period of January 1, 2005 to December 31, 2005 at a total cost of $3,034.00; subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 143 RESOLUTION NO. 382 Motion by Bingell, Second by Fagan. RE: RESOLUTION TO APPROVE REFUND OF TAXES – STARKWEATHER, TOWN OF CATHARINE WHEREAS, an application for refund of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL) for parcel 79.09-1-1 owned by Timothy Starkweather in the Town of Catharine, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that a clerical error as defined in RPTL Section 550(2) has occurred, 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 Treasurer is hereby directed to issue a refund for interest and penalties paid in the amount of $448.35. VOTE: Passed 6-0. RESOLUTION NO. 383 Motion by Bingell, Second by Fagan. RE: DECLARE EQUIPMENT ITEMS SURPLUS AND JUNK – VARIOUS DEPARTMENTS WHEREAS, there are a number of departments that need to declare equipment items surplus and junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the County Legislature hereby declares the following equipment surplus and junk and that said equipment declared surplus be placed in storage for inclusion in the County Auction and those items declared junk be removed by the Building Maintenance Supervisor and disposed of in the proper manner: SURPLUS ITEMS DEPARTMENT One 22’ White Boat w/trailer Sheriff One Alamo/Mott Inter RH 74” Mid Mount Flail Mower Highway One 1980 S13 F600 Stake Body S/N F60HVJJ0553 Highway Department One 1977 Chevrolet Suburban S/N CCS337A151523 Emergency Management One Okidata OL810e Printer S/N 710A1003460 Youth Bureau One 1995 Dodge Van S/N 2B4HB15Y3SK545948 Office for the Aging JUNK ITEMS DEPARTMENT One Compaq Computer Monitor S/N 35005277K944 Sheriff One RCA Television S/N 716436064 Sheriff One Zenith Television S/N 72114241242 Sheriff One Zenith Television S/N 82124490386 Sheriff Two Danica Computers S/N DA1 & DA2 District Attorney VOTE: Passed 6-0. RESOLUTION NO. 384 Motion by Bingell, Second by Fagan. RE: AUTHORIZE GRANT APPLICATION FOR WIRELESS E-911 SERVICES – EMERGENCY MANAGEMENT WHEREAS, the Department of State has offered counties money for the Local Enhanced Wireless 911 Grant Program, and the reimbursement for prior year costs incurred between January 1, 1993 and December 31, 2001 for Schuyler County is in the amount of $575 and the amount for State Fiscal Years 2004-2007 is $10,916, and WHEREAS, the Emergency Management Office wishes to apply for said funds. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the Local Enhanced Wireless E-911 Grant; subject to the approval of the Schuyler County Attorney. It is understood there is no local share and funds are to offset ongoing routine expenses. VOTE: Passed 6-0. RESOLUTION NO. 385 Motion by Bingell, Second by Yuhasz. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 144 RE: AUTHORIZE GRANT APPLICATION FOR 2004 FIRE PREVENTION AND SAFETY GRANT – EMERGENCY MANAGEMENT WHEREAS, the Federal Emergency Management Agency offered counties money for Fire Prevention Programs, with a 10% match to the County, and WHEREAS, the Emergency Management Office wishes to apply for $5,200 of which the Counties matching portion will be in the 2005 Emergency Management budget account no. 3689.460. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the 2004 Fire Prevention and Safety Grant in the amount of $5,200; subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 386 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS FOR THE PURCHASE OF A BOAT – SHERIFF’S DEPARTMENT WHEREAS, the Sheriff’s Department has a patrol boat that is in need of major repairs, and WHEREAS, the repairs to be made offer no guarantee that it will still be safe, and WHEREAS, said cost also exceeds the cost to purchase a surplus boat offered by Steuben County for $4,000, and WHEREAS, there are sufficient funds in the Sheriff’s account no. 3111.400-Navigation to transfer to the equipment line item to make said purchase. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $292.45 from account no. 3111.400-Navigation to account no. 3111.200-Equipment. VOTE: Passed 6-0. RESOLUTION NO. 387 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR THE PURCHASE OF COMPUTER AIDED DISPATCH AND INTEGRATED PHASE I AND II COMPLIANT GIS MAPPING SYSTEM – EMERGENCY MANAGEMENT WHEREAS, Resolution No. 354 authorized the Emergency Management Coordinator to advertise for bids for the Purchase of Computer Aided Dispatch and Integrated Phase I and II Compliant GIS Mapping System, and WHEREAS, bids were opened October 1, 2004 and reviewed with the recommendation being made by the Emergency Management Coordinator to accept the low bid from WTH Technology Group for Software and mapping in the maximum amount of $82,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign the above contracts, funding available in account no. 3020-278-3020-Equipment Software; subject to approval by the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 388 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE OUT OF STATE TRAVEL FOR GEORGE ROETS FOR CONFERENCE IN CLAYTON, MISSOURI - COMMUNITY SERVICES WHEREAS, the Centers of Excellence is holding a training session in Clayton, Missouri in November, 2004, and WHEREAS, the S2AY Rural Health Network is covering the cost of the training and travel, and WHEREAS, traveling out of state requires Legislative approval. NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorize out of state travel for George Roets to attend the Advanced Practice Center Training in Clayton, Missouri, at no cost to the County, on November 3-5, 2004. VOTE: Passed 6-0. RESOLUTION NO. 389 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS – INFORMATION TECHNOLOGY WHEREAS, it is necessary to transfer funds to cover expenses in the Information Technology (IT) 2004 budget. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 145 NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer funds as follows: AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO. $ 4,584.41 1680.100-Personal Services 1680.400-Contractual $ 500.00 1680.200-Equipment $ 1,000.00 1680.459-Training $ 50.00 1680.430-Mileage $ 440.00 1680.407-Books/Subscriptions $ 350.00 1680.328-Cell Phone $28,400.00 1990.500-Contingency VOTE: Passed 6-0. RESOLUTION NO. 390 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR 2005 BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a premium rate renewal agreement with GHI for dental insurance coverage for county employee groups for the term of January 1, 2005 through December 31, 2005, with rates per month as follows, subject to the approval of the Schuyler County Attorney: Schuyler County Dental Plans DT 4790, DT 4965 and DT 4994 Family $56.03 Mo. Individual $16.01 Mo. (No Increase) (No Increase) VOTE: Passed 6-0. RESOLUTION NO. 391 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE RATE RENEWAL WITH BLUE CROSS/BLUESHIELD OF CENTRAL NEW YORK FOR HEALTH INSURANCE FOR THE YEAR 2005 BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a premium rate renewal agreement with Blue Cross/Blue Shield of Central New York for health insurance coverage for county employee groups for the term of January 1, 2005 through December 31, 2005, with rates per month as follows, subject to the approval of the Schuyler County Attorney: Schuyler County Plans 1440500, 1440501, 1440502, 1440570 (Admin. Unit - Rx $7/$20) Family $1,014.09 Individual $397.68 (No Increase) (No Increase) Schuyler County Plans 1440503, 1440504, 1440505,1440573 (Mgmt./Elected/Municipals/Sheriff - Rx $7/$20/$50) Family $985.16 Individual $386.34 (Decrease) (Decrease) Schuyler County Plans 1440506, 1440507, 1440508, 1440576 (Hwy. Unit - Rx $2/$10) Family $1,027.58 Individual $402.97 (No Increase) (No Increase) VOTE: Passed 6-0. RESOLUTION NO. 392 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS – PUBLIC DEFENDER WHEREAS, line item no. 1170.563-Assigned Counsel/Family Court in the Public Defender’s 2004 budget is over-expended as of the September billing. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $3,300 from Contingency account no. 1990.500 to account no. 1170.563-Assigned Counsel/Family Court. VOTE: Passed 6-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 146 RESOLUTION NO. 393 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR A STRUCTURAL EVALUATION OF PROPERTY – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 353-04 authorized research of and procurement of funding for the proposed Rural Urban Center expansion and renovation project at an approximate cost of $7,000,000 to do the building renovations and addition, and WHEREAS, in the meantime, it has been suggested that the county possibly look into an alternative building to the Rural Urban Center for said project as another option, and WHEREAS, HUNT Engineers has agreed to do a structural evaluation on a proposed site to include building code compliance for a cost of $2,400, and WHEREAS, the Buildings and Grounds budget does not have sufficient funds to pay for said services. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorize to transfer $2,400 from Contingency Account 1990.500 into account no. 1620.435-Professional Fees and Services, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said agreement with HUNT Engineers in the amount of $2,400; subject to the approval by the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 394 Motion by Fagan, Second by Slusser. RE: MOTION TO BRING FOUR RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that four Resolutions be brought to the floor. VOTE: Passed 6-0. RESOLUTION NO. 395 Motion by Bingell, Second by Yuhasz. RE: RECOGNIZE THE WEEK OF OCTOBER 31 - NOVEMBER 6, 2004 AS WINTER PREPAREDNESS WEEK – EMERGENCY MANAGEMENT WHEREAS, winter is a time of unsurpassed beauty in Schuyler County, offering our citizens an abundance of recreational activities and cultural events, and WHEREAS, during this time of snow-covered landscapes and glistening vistas, citizens of Schuyler County are also aware of the possible hazardous weather conditions that traditionally occur during this season – snow and ice storms, blizzards and nor’easters; yet, they need not disrupt our daily activities if we take time now to prepare for the months ahead, and WHEREAS, there are simple, common-sense actions which we can take to protect ourselves, our families and loved ones, friends and neighbors, and our livelihood from the harsh winter weather, and WHEREAS, the citizens of Schuyler County are encouraged to install smoke and carbon monoxide detectors in their residences, inspect and service their furnaces, woodstoves and chimney flues to ensure they are in good working order, perform a “winter checkup” of their vehicles, and change their mindset to be ready for winter driving conditions to enhance the safety of loved ones, and themselves, during winter months ahead, and WHEREAS, this Legislature directs the Schuyler County Office of Emergency Management to continue working in partnership with New York State agencies, the National Weather Service, volunteer agencies, and the private sector in our community to educate and assist our citizens in preparing for the upcoming winter season. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim the week of October 31 through November 6, 2004 as Winter Preparedness Week in Schuyler County and urge all citizens to prepare now for the upcoming season by heeding the advice and information from the emergency management community so that they can enjoy winter with a greater sense of comfort and safety. VOTE: Passed 6-0. RESOLUTION NO. 396 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS – UNEMPLOYMENT INSURANCE WHEREAS, the cost of unemployment insurance has exceeded the amount budgeted in the 2004 budget by $8,019.01 after the third quarter payment, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 147 WHEREAS, there are excess funds in the budget for unallocated insurance. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the amount of $8,019.01 from account no. 1910.418-Unallocated Insurance into account no. 9050.805– Unemployment Insurance. VOTE: Passed 6-0. RESOLUTION NO. 397 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE HIRING OF PERSONAL SECRETARY ON A TEMPORARY BASIS OR CONTRACT WITH TEMPORARY AGENCY – LEGISLATURE WHEREAS, the Personal Secretary to the Legislature is out on medical leave until at least November 22, 2004, and WHEREAS, there is a need to fill this position on a temporary basis, and WHEREAS, the incumbent’s medical leave is unpaid thereby leaving funds in the Legislature account no. 1010.100-Personal Services to pay for temporary assistance. NOW, THEREFORE, BE IT RESOLVED, that the Clerk to the Legislature be hereby authorized to fill the Personal Secretary position on a temporary basis, hours to be negotiated but not to exceed 35 hours per week, at an hourly rate of $12.73 (minimum of Grade or hire from a temporary agency, until such time as the incumbent returns from medical leave, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is authorized to transfer any necessary funds from account no. 1010.100-Personal Services to account no. 1010.435-Professional Fees and Services, within budgetary funds, if help is hired from a temporary agency. VOTE: Passed 6-0. RESOLUTION NO. 398 Motion by Bingell, Second by Yuhasz. RE: ESTABLISH VISION COVERAGE PREMIUM FOR 2005 WHEREAS, Schuyler County has entered into an agreement with Blue Cross/Blue Shield (BCBS) for health insurance coverage and contracted with a third-party administrator for vision coverage, and WHEREAS, an experience rating has been established by the Plan Administrator, which now allows the county to set a premium for said coverage based on a thorough claims review. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby establish the premium for vision coverage for Schuyler County to be $4.78-Individual and $12.41-Family. VOTE: Passed 6-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Bleiler reported on the Sesquicentennial celebration, which will be on Churches for the month of October. He handed out a brochure on churches in Schuyler County and a flyer with upcoming activities. Both handouts are on file in the Legislative Office. This is the final event for the celebration. Legislator Yuhasz thanked Legislator Bleiler for all of his efforts towards the one hundred and fiftieth birthday celebration of Schuyler County. Legislator Slusser reported on the Management and Finance Committee. They are still a week away from receiving any numbers on the tentative 2005 budget. Not all budgets are in yet from departments. The State University of New York (SUNY) Professor, Tom Sinclair, has reported to him that he is pretty happy with the performance based budget process. The students are working on a uniform template for the department heads to input data into a spreadsheet form. Legislator Fagan reported on the Community Development and Natural Resources Committee. SCOPED has submitted a strategic action plan, on file in the Legislative Office. Some key objectives were listed such as the Business park, the business district, growing tourism, the partnership with the Chamber of Commerce on the visitors center, acting as lead agency on the countywide sewer project, a growing wine industry, to name a few. PUBLIC PARTICIPATION: None. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 148 MOTION by Legislator Slusser, SECOND by Legislator Fagan to go into executive session to discuss four employee appeals. Motion carried six ayes to zero noes. MOTION by Legislator Bingell to come out of executive session, SECOND by Legislator Yuhasz. Motion carried six ayes to zero noes. RESOLUTION NO. 399 Motion by Bingell, Second by Fagan. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN RELATIVE TO FACTOR RATING FOR POSITION OF COMMISSIONER OF SOCIAL SERVICES WHEREAS, the Commissioner of Social Services has appealed his Factor Rating and Grade, and WHEREAS, the details of his appeal have been carefully reviewed by an Appeals Committee and their recommendation is as follows: FACTORS FROM TO I Accountability 145 150 II Complex 145 160 III Independent Judgment 125 140 IV Impact of program 125 125 V Scope of contacts 85 95 VI Supervision 90 90 VII Education & Experience 90 90 TOTAL 805 = Grade J 850 = Grade J NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the above change in the factor rating for the Commissioner of Social Services, effective January 1, 2005. VOTE: Passed 6-0. RESOLUTION NO. 400 Motion by Bingell, Second by Fagan. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN RELATIVE TO FACTOR RATING AND GRADE LEVEL FOR POSITION OF PURCHASING AGENT WHEREAS, the Purchasing Agent has appealed the position’s factor rating and grade level, and WHEREAS, the details of her appeal have been carefully reviewed by an Appeals Committee and their recommendation is as follows: FACTORS FROM TO I Accountability 56 84 II Complex 56 84 III Independent Judgment 72 96 IV Impact of program 72 72 V Scope of contacts 32 48 VI Supervision 0 0 VII Education & Experience 70 70 TOTAL 358 = Grade D 454 = Grade E NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the above change in the factor rating and grade level for the Purchasing Agent, effective January 1, 2005, and BE IT FURTHER RESOLVED, in accordance with the Management/Confidential Salary Plan, a salary increase of $923.00 be added to the incumbent’s 2004 salary for a new base salary for 2005. It is understood the 2005 salary will be subject to a COLA and the merit increase will be based on the previous Grade D. VOTE: Passed 6-0. RESOLUTION NO. 401 Motion by Bingell, Second by Fagan. RE: ADJUST SALARY FOR DEPUTY COMMISSIONER OF SOCIAL SERVICES WHEREAS, the Deputy Commissioner of Social Services has appealed her placement in grade, and WHEREAS, the details of her appeal have been carefully reviewed by an Appeals Committee and the following is their recommendation. NOW, THEREFORE, BE IT RESOLVED, that the 2005 base salary for the Deputy Commissioner of ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 149 Social Services be set at $43,871, with it being understood the 2005 salary will be subject to a COLA and the merit increase. VOTE: Passed 6-0. RESOLUTION NO. 402 Motion by Bingell, Second by Fagan. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN RELATIVE TO FACTOR RATING AND GRADE LEVEL FOR POSITION OF CONFIDENTIAL SECRETARY TO THE COUNTY ATTORNEY WHEREAS, the County Attorney and Confidential Secretary to the County have appealed the secretarial position’s factor rating and grade level, and WHEREAS, the details of her appeal have been carefully reviewed by an Appeals Committee and their recommendation is as follows: FACTORS FROM TO I Accountability 41 50 II Complex 56 65 III Independent Judgment 42 60 IV Impact of program 40 48 V Scope of contacts 28 40 VI Supervision 0 25 VII Education & Experience 60 90 TOTAL 267 = Grade B 368 = Grade D NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the above change in the factor rating and grade level for the Confidential Secretary to the County Attorney, effective January 1, 2005, and BE IT FURTHER RESOLVED, in accordance with the Management/Confidential Salary Plan, a salary increase of 5% be added to the incumbent’s 2004 salary for a new base salary for 2005. It is understood the 2005 salary will be subject to a COLA and the merit increase will be based on the previous Grade B. VOTE: Passed 6-0. The Meeting adjourned at 8:00 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk REGULAR MEETING NOVEMBER 8, 2004 The November 8, 2004 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Slusser and followed by a Moment of Silence. All Legislators were present except Legislator Fagan who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. 7:10 P.M. – PUBLIC HEARING ON THE SCHUYLER COUNTY COMPREHENSIVE PLAN: Chris Kimball Peterson, Chairman of the Comprehensive Plan Subcommittee, said she hopes the Legislature adopts the Plan. This project began in 1998. She feels the document lays out good groundwork and needs to be implemented. Charlie Fausold, Director of Cooperative Extension, said they initiated this project, and asked citizens to help in the creation of the same. Many people had a role in the process. He complimented the Legislature on their support of this initiative. Legislator Bleiler feels the Plan should be adopted as submitted. Chairman Gifford explained that once the Plan is adopted, then an implementation committee shall be created. Legislator Yuhasz commended the committee for their hard work on development of the Plan. Legislator Larison said he was on the planning board for three years and he will be supporting the Plan. RESOLUTION NO. 403 Motion by Bingell, Second by Yuhasz. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 150 RE: APPROVE MINUTES OF THE OCTOBER 12, 2004 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the October 12, 2004 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 6-0. Abstain: Larison. RESOLUTION NO. 404 Motion by Larison, Second by Bingell. RE: APPOINTMENT – SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY (SCIDA) BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Corinne Flahive to fill the remaining three-year term of Louis Dickinson on the SCIDA Board effective November 9, 2004 through December 31, 2006. VOTE: Passed 7-0. RESOLUTION NO. 405 Motion by Larison, Second by Bingell. RE: APPOINTMENTS – CHEMUNG-SCHUYLER-STEUBEN WORKFORCE DEVELOPMENT BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Peter Honsberger representing the Private Sector and the re-appointment of Kelsey Jones representing Economic Development to the Chemung Schuyler Steuben Workforce Development Board for the term October 1, 2004 through October 1, 2007. VOTE: Passed 7-0. RESOLUTION NO. 406 Motion by Larison, Second by Bingell. RE: RESOLUTION COMMITTING NOT MORE THAN $10,000 FROM FY 2005 BUDGET FOR THE PURPOSE OF ASSISTING ACTIVITIES OF THE WATKINS GLEN DISTRICT MANAGEMENT ASSOCIATION, INC. WHEREAS, the Watkins Glen District Management Association, Inc. (WGDMA) has been organized as a not-for-profit corporation to manage activities that will promote and improve the central business district of the Village of Watkins Glen, and will execute the responsibilities of a "district management association" as set forth in Article 19A of the NY General Municipal Law respecting "Business Improvement Districts" for the proposed Watkins Glen Business Improvement District (BID), and WHEREAS, the Watkins Glen BID will provide for annual assessments on BID properties to be collected by the Village of Watkins Glen exclusively for WGDMA activities, and WHEREAS, Schuyler County is a major presence in the Watkins Glen BID, will not be subject to BID assessment, and is desirous of furthering the activities of the WGDMA and the proposed Watkins Glen Business Improvement District. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County commits to not more than $10,000 from its FY 2005 budget to advance funds to the DMA for implementing the BID District Management Plan with the understanding that: 1. These funds will be advanced to the DMA only if the formation of the BID is finalized and approved by New York State. 2. The Village of Watkins Glen has authority to levy and collect special assessments on behalf of the BID and DMA, and 3. These advanced funds will be repaid to the County according to a repayment schedule to be agreed upon prior to the time of disbursement, and BE IT FURTHER RESOLVED, that the County agrees to enter into an inter-agency agreement with the DMA for the advance and repayment of these funds, and the Chair of the County Legislature is authorized to take all actions to effectuate this agreement, subject to approval by the County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 407 Motion by Bleiler, Second by Karius. RE: RESOLUTION DECLARING A NEGATIVE SEQR ON THE RIGHT-TO-FARM LAW WHEREAS, in the year 2000, Schuyler County adopted the Schuyler County Agriculture and Farmland Protection Plan to enhance agriculture's contributions to the economy and the quality of life in the county, and WHEREAS, a recommended implementation measure in the Plan is the adoption of Right-to-Farm ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 151 legislation, to create mechanisms for non-binding mediation of farm-neighbor disputes and notification of agricultural activities and potential impacts to purchasers of real-property in agricultural districts, and WHEREAS, the County has determined that this action is an Unlisted action under the New York State Environmental Quality Review Act, and pursuant to this determination had assumed lead agency status and completed both Parts I and II of the Long Environmental Assessment Form. NOW, THEREFORE, BE IT RESOLVED, that the Legislature declared a finding of no significant negative environmental impact associated with this action, as the action is primarily administrative in nature, implements a recommended action of an adopted Agricultural and Farmland Protection Plan, and supports the existing rural and agricultural community character of Schuyler County. VOTE: Passed 7-0. RESOLUTION NO. 408 Motion by Bleiler, Second by Karius. RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 2004 CREATING THE RIGHT- TO-FARM LAW WHEREAS, in the year 2000, Schuyler County adopted the Schuyler County Agriculture and Farmland Protection Plan to enhance agriculture's contributions to the economy and the quality of life in the county, and WHEREAS, a recommended implementation measure in the Plan is the adoption of Right-to-Farm legislation, to create mechanisms for non-binding mediation of farm-neighbor disputes and notification of agricultural activities and potential impacts to purchasers of real-property in agricultural districts, and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board presented right-to-farm legislation to town supervisors and was requested to create a county-wide law for equitable enforcement. NOW, THEREFORE, BE IT RESOLVED, that proposed Local Law Intro. No. 3/Local Law No. of the year 2004 in the form hereto annexed, be and hereby is, introduced pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature schedules a public hearing to be held on December 13, 2004 at 7:00 p.m. at the Schuyler County Legislative Chambers, 105 Ninth Street, Watkins Glen, NY to hear comments from individuals regarding the adoption of Local Law No. of 2004 entitled "Schuyler County Right-to-Farm Law". LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 2004 A Local Law creating a Schuyler County Right-to-Farm Law. Be it enacted by the County Legislature of the County of Schuyler as follows: Section 1. Legislative Intent and Purpose The Schuyler County Legislature recognizes farming is an essential enterprise and an important industry, which enhances the economic base, protects the natural environment and quality of life, and demands minimal public services in the County of Schuyler. The Legislature further declares that it shall be the policy of this County to encourage agriculture and foster understanding by all residents of the necessary day-to-day operations involved in farming so as to encourage cooperation with those practices. It is the general purpose and intent of this law to maintain and preserve the rural traditions and character of the County, to permit the continuation of agricultural practices, to protect the existence and operation of farms, to encourage the initiation and expansion of farms and agri-businesses, and to promote new ways to resolve disputes concerning agricultural practices and farm operations. In order to maintain a viable farming economy in Schuyler County, it is necessary to limit the circumstances under which farming may be deemed to be nuisance and to allow agricultural practices inherent to and necessary for the business of farming to proceed and be undertaken free of unreasonable and unwarranted interference or restriction. Section 2. Definitions 1 "Farmland" shall mean land used in agricultural production, as defined in subdivision four of section 301 of Article 25AA of the State Agriculture and Markets Law. 2. "Farmer" shall mean any person, organization, entity, association, partnership, limited liability company, or corporation engaged in the business of agriculture, whether for profit or otherwise, including the cultivation of land, the raising of crops, or the raising of livestock. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 152 3 " Agricultural products " shall mean those products as defined in section 301(2) of Article 25AA of the State Agriculture and Markets Law, including but not limited to: a. Field crops, including corn, wheat, rye, barley, hay, potatoes and dry beans. b. Fruits, including apples, peaches, grapes, cherries and berries. c. Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions d. Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers. e. Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, llamas, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, milk and milk products, eggs, furs, and poultry products. f. Maple sap, maple syrup and maple products, honey and apiary products. g. Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump. h. Aquaculture products, including fish, fish products, water plants and shellfish. i. Short rotation woody crops raised for bioenergy. j. Production and sale of woodland products managed in accordance with a current, written management plan prepared by a professional forester. Woodland products include, but are not limited to saw logs, lumber, posts and firewood. 4. “Agricultural practices" shall mean those practices necessary for the on-farm production, preparation and marketing of agricultural commodities. Examples of such practices include, but are not limited to, operation of farm equipment, proper use of agricultural chemicals and other crop production methods, composting, and construction and use of farm structures. 5. "Farm operation" shall be defined in section 301(11) in the State Agriculture and Markets Law. Section 3. Right-to-Farm Declaration Farmers, as well as those employed, retained, or otherwise authorized to act on behalf of farmers, may lawfully engage in agricultural practices within this County at all times and all such locations as are reasonably necessary to conduct the business of agriculture. For any agricultural practice, in determining the reasonableness of the time, place, and methodology of such practice, due weight and consideration shall be given to both traditional customs and procedures in the farming industry as well as to advances resulting from increased knowledge, research and improved technologies. Agricultural practices conducted on farmland shall not be found to be a public or private nuisance if such agricultural practices are: 1. Reasonable and necessary to the particular farm or farm operation, 2. Conducted in a manner which is not negligent or reckless, 3. Conducted in conformity with generally accepted and sound agricultural and forestry practices, 4. Conducted in conformity with all local, state, and federal laws and regulations, 5. Conducted in a manner which does not constitute a threat to public health and safety or cause injury to health or safety of any person, and 6. Conducted in a manner which does not reasonably obstruct the free passage or use of navigable waters or public roadways. Nothing in this local law shall be construed to prohibit an aggrieved party from recovering damages for bodily injury or wrongful death due to a failure to follow sound agricultural practices, as outlined in this section. Section 4. Notification of Real Estate Buyers In order to promote harmony between farmers and their neighbors, the County requires landholders and/or their agents and assigns to comply with Section 310 of Article 25-AA of the State Agriculture and Markets Law and provide notice to prospective purchasers and occupants as follows: "It is the policy of this state and this community to conserve, protect and encourage the development and improvement of agricultural land for the production of food, and other products, and also for its natural and ecological value. This disclosure notice is to inform prospective residents that the property they are about to acquire may lay partially or wholly within an agricultural district and that farming activities occur within the district. Such farming activities may include, but not be limited to, activities that cause noise, dust and odors.” ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 153 Such disclosure notice shall be signed by the prospective grantor and grantee prior to the sale, purchase or exchange of such real property. Receipt of such disclosure notice shall be recorded on a property transfer report form prescribed by the state board of real property services as provided for in section three hundred thirty-three of the real property law. Section 5. Resolution of Disputes 5.1 Should any dispute arise regarding any agricultural operation, which cannot be settled by direct negotiation between the parties involved, the parties may by mutual agreement submit the matter to the Schuyler County Agricultural and Farmland Protection Board as a request for mediation, to attempt a resolution of the matter prior to, or alternatively to the filing of any court action. 5.2 The Chairperson of the Agriculture and Farmland Protection Board shall, within five working days of receipt of a dispute, notify the Agriculture and Farmland Protection Board of the nature of the dispute. The Agriculture and Farmland Protection Board shall provide adequate time for the exchange of pertinent facts leading to resolution of the dispute, at the next scheduled Agriculture and Farmland Protection Board meeting or special meeting held at the earliest time convenient to the Board and to the parties seeking a resolution of their dispute. 5.3 The effectiveness of the mediation program offered by the Agriculture and Farmland Protection Board is dependent upon direct, full, frank conversations and presentation of all pertinent facts concerning the dispute. The parties are encouraged in the exchange of information concerning the controversy, and each party shall have an opportunity to present what each considers the pertinent facts. The resolution of disputes is dependent upon full discussion and complete presentation of all pertinent facts concerning the dispute in order to eliminate any misunderstandings. Inasmuch as mediation dispenses with formal rules of procedure and rules of evidence, direct participation by the disputants, without the intervention of counsel is strongly encouraged; but the right of any party to representation, at his or her option and expense, shall not be impaired. Any party electing to have counsel at the mediation shall notify the Board and the other party at least seven days prior to the mediation. Participation in mediation is a matter in the discretion of each party, and no party shall be compelled to participate in mediation when he or she has elected not to have counsel and the opposite party is represented by counsel. 5.4 To encourage the use of voluntary, local mediation, the parties requesting mediation shall stipulate, in writing, that the statements made in mediation shall be deemed to be in the nature of settlement discussions, and that such statements, and any agreement reached in mediation shall not be used for evidentiary purposes in any other action or proceeding. 5.5 In the event that the Agriculture and Farmland Protection Board is unable to satisfactorily assist all parties in a reasonable period of time, the Agriculture and Farmland Protection Board may meet in a regular or special meeting within twenty (20) days to provide an advisory opinion regarding the dispute under discussion. Section 6. Severability Clause If any part of this local law is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this County Law. The County hereby declares that it would have passed this local law and each section and subsection thereof, irrespective of the fact that anyone or more of these sections, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid. Section 7. Precedence This Law and its provisions are in addition to all other applicable laws, rules and regulations. Section 8. Effective Date This Law shall be effective immediately upon filing with the New York Secretary of State. VOTE: Passed 7-0. RESOLUTION NO. 409 Motion by Bleiler, Second by Karius. RE: AUTHORIZE CONTRACT WITH KELLY FITCH – PUBLIC HEALTH WHEREAS, Kelly Fitch, RN has resigned her position as part-time Registered Professional Nurse, effective immediately, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 154 WHEREAS, Kelly Fitch, RN has served Public Health for several years and has extensive knowledge of the Home Health operations, and WHEREAS, the Public Health Department requires nursing assistance from time to time, and WHEREAS, funds are available in the 2004 Public Health budget, account no. 4010.490 to contract for part-time nursing services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Kelly Fitch, RN for the provision of part-time nursing services through December 31, 2004, renewably annually, at the hourly rate of $19.50, not to exceed $3,000.00 for the period of the agreement, such amount provided for in the 2004 Public Health budget, subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 410 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT AMENDMENT WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT FOR SCHOOL SUPPORT SERVICES FOR 2004-2005 – COMMUNITY SERVICES WHEREAS, Resolution No. 244-04 approved renewal of the contract between the Community Services Department and Watkins Glen Central School District for school support services for the period July 1, 2004 through June 30, 2005, and WHEREAS, at the time of the contract renewal it was unknown if funding for this contract would be available in 2005, and WHEREAS, funding from the New York State Office of Mental Health is now known to be available to fund the contract from January 1, 2005 through June 30, 2005 at no local share cost. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract amendment with the Watkins Glen Central School District for school support services, in an additional amount of $33,000 for a total of $65,000 for the term of the contract, with no local share cost, funds available in the proposed 2005 Mental Health budget, account no. 4310.435-Professional Fees and Services, contract subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 411 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FOR WATERSHED SAMPLING ACCOUNT – PUBLIC HEALTH WHEREAS, the Watershed sampling account is over budget and there are not sufficient funds in the 2004 Watershed budget to pay for sampling expenses through the end of the year. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $9,000 from Contingency account 1990.500 to Watershed Account 4050.476-Sampling. VOTE: Passed 7-0. RESOLUTION NO. 412 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE THE SCHUYLER COUNTY LEGISLATURE TO REQUEST AN OVERRIDE OF THE NEW YORK STATE 2005 - 2006 BUDGET - HEALTH SERVICES WHEREAS, Schuyler County Public Health and Community Services Departments are urging the Legislature to join them in requesting an override of the Governor’s veto of the passed 2005 - 2006 New York State budget related to funding for Public Health’s Optional Services and the Office of Mental Health for mental health services, and WHEREAS, the failure to override the Governor’s veto in this area will mean the loss of funding for direct consumer services in Schuyler County. NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Legislature hereby supports the Public Health and Community Services Departments in this effort and shall write letters to the New York State Department of Health and Office of Mental Health to request an override of the Governor’s veto of the 2005 - 2006 New York State budget related to funding for Public Health’s Optional Services and the Office of Mental Health for mental health services. VOTE: Passed 7-0. RESOLUTION NO. 413 Motion by Bleiler, Second by Larison. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 155 RE: AUTHORIZE FILLING VACANT FOOD SERVICE HELPER POSITION – OFFICE FOR THE AGING WHEREAS, Resolution No. 439-03 requires a resolution to fill any and all vacancies, and WHEREAS, the previous Food Service Helper has retired from her position, and WHEREAS, the Food Service Helper is a vital position necessary to carry out the nutritional component of this Office’s mission, and this is a non-competitive position requiring no testing, and WHEREAS, funds for the payment of this position have previously been budgeted and provided for by Title III C of the Older Americans Act, NYS Supplemental Nutritional Assistance Program, and the Schuyler County Budget. NOW, THEREFORE, BE IT RESOLVED, that the Director of the Office of the Aging be hereby authorized to fill the vacant Food Service Helper position at an hourly rate of $10.05, effective immediately; such hiring is contingent on the Office for the Aging having funds available for such a position. VOTE: Passed 7-0. RESOLUTION NO. 414 Motion by Bleiler, Second by Larison. RE: AUTHORIZE FILLING VACANT PART-TIME MEAL DELIVERER POSITION AND A VACANT PART-TIME MEAL DELIVERER ON-CALL POSITION – OFFICE FOR THE AGING WHEREAS, Resolution No. 439-03 requires a resolution to fill any and all vacancies, and WHEREAS, the Schuyler County Office for the Aging as a vital part of its mission delivers on the average over two thousand home delivered meals a month to residents of Schuyler County who are sixty years and older, and WHEREAS, there is presently one Part-Time Meal Deliverer that is resigning and a part-time Meal Deliverer On-Call interested in filling the vacancy, and WHEREAS, to be able to continue to deliver the large number of meals every month it is vital to fill both vacancies, and WHEREAS, funds for the payment of these positions have previously been budgeted and provided for by Title III C of the Older Americans Act, NYS Supplemental Nutritional Assistance Program, and the Schuyler County Budget. NOW, THEREFORE, BE IT RESOLVED, that the Director of the Office of the Aging be hereby authorized to fill the vacant, part-time Meal Deliverer position and the part-time Meal Deliverer On-Call positions both at an hourly rate of $10.05, effective immediately; such hiring is contingent on the Office for the Aging having funds available for such a position. VOTE: Passed 7-0. RESOLUTION NO. 415 Motion by Bleiler, Second by Larison. RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2005 AND RELATED CONTRACTS WHEREAS, the Schuyler County Youth Bureau has prepared, and the Schuyler County Youth Board has approved, a Resource Allocation Plan for the year 2005 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 2005 within budget allocations; subject to approval of the Schuyler County Attorney, as follows: Cornell Cooperative Extension CASA of Chemung & Schuyler County Catholic Charities of the Southern Tier Council on Alcoholism of the Finger Lake Region Community Dispute Resolution Center VOTE: Passed 7-0. RESOLUTION NO. 416 Motion by Karius, Second by Bleiler. RE: DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 156 WHEREAS, the New York State 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 always given authority to their Youth Bureau Director to sign amendments to the fullest extent of his/her authority by OCFS standards. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize its Chairman to delegate authority to the Schuyler County Youth Bureau Director to sign OCFS amendments to the Schuyler County approved Resource Allocation Plan after approval from the Schuyler County Youth Board and with appropriate reporting to the Human Service Committee of the Legislature. VOTE: Passed 7-0. RESOLUTION NO. 417 Motion by Karius, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS FOR MILEAGE – VETERANS SERVICE AGENCY WHEREAS, the Veteran’s Service Agency mileage account is over budget, and WHEREAS, there are not sufficient funds in the 2004 budget for said expenses. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Treasurer is hereby authorized to transfer $900.00 from Contingency account no. 1990.500 into account no. 6510.430-Mileage. VOTE: Passed 7-0. RESOLUTION NO. 418 Motion by Karius, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS FOR MILEAGE - HISTORIAN WHEREAS, the 2004 Historian contractual account is over budget, and WHEREAS, there are not sufficient funds in the 2004 budget for said expenses. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Treasurer be hereby authorized to transfer $100.00 from Contingency account no. 1990.500 into account no. 7510.400-Contractual. VOTE: Passed 7-0. RESOLUTION NO. 419 Motion by Larison, Second by Bingell. RE: SET DATES FOR SPECIAL MEETINGS OF THE LEGISLATURE WHEREAS, any alterations to the tentative budget must be by resolution following the deadline for the Management and Finance Committee report. NOW, THEREFORE, BE IT RESOLVED, that Special Meetings of the Schuyler County Legislature will be held following Legislative Committee Budget Workshops scheduled for November 18 and 19, 2004 at 9:30 a.m., in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY for the following item of business: 1. Allow alterations to the tentative budget for 2005, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature be hereby directed to publish appropriate notice of said Special Meeting in the legal newspaper. VOTE: Passed 7-0. RESOLUTION NO. 420 Motion by Larison, Second by Bingell. RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2005 WHEREAS, a public hearing in respect to the 2005 County Budget is required pursuant to County Law Section 359. NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2005 County Budget be held in the Court Room on the second floor of the Court House, 105 Ninth Street, Watkins Glen, NY on December 9, 2004 at 6:30 p.m. any may be followed by a Special Meeting of the Legislature to adopt the 2005 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: Passed 7-0. RESOLUTION NO. 421 Motion by Larison, Second by Bingell. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 157 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 November 20, 2004 as a tax auction sale date, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature or his designee be, and hereby is, authorized to sign and the Sheriff’s Department to hand deliver a Notice to Vacate to all occupants of property on which the County of Schuyler holds, or will hold, a tax deed to, and BE IT FURTHER RESOLVED, that said Notice of Vacate be sent by registered mail to the most recent owners of record as shown in the property description. VOTE: Passed 7-0. RESOLUTION NO. 422 Motion by Bingell, Second by Bleiler. RE: AMEND THE 2004 MACHINERY FUND BUDGET – HIGHWAY DEPARTMENT WHEREAS, the continued high price for gasoline and diesel fuel has depleted the Shared Fuel Facility account, and WHEREAS, the cost of the fuel is passed on to all users. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2004 Machinery Fund as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$25,000.00 5131.526 Fuel +$25,000.00 0003-2300 Services VOTE: Passed 7-0. RESOLUTION NO. 423 Motion by Slusser, Second by Gifford. RE: MOTION TO TABLE RESOLUTION NO. 423 – FAILED BE IT RESOLVED, that Resolution No. 423 be tabled for further discussion. DISCUSSION: Chairman Gifford stepped down as Chairman in order to speak on this Resolution. He feels this is a waste of funds and they should pave the parking lot by the boats instead. He believes they would just be tearing it up in the spring anyway. Legislator Bleiler agreed that if the Village of Watkins Glen ever abandons Lincoln way, it would be foolish. However, it has been a dirt road for too long and it looks bad with a beautiful park next to it. He hates having the County responsible for this disgraceful entrance to the park. Legislator Bingell said the County has a liability as it is, Lincoln Way is not closed and traffic is forced to travel over the access. If they continue to keep fixing it, she feels they will spend as much, if not more money on repairs alone. If someone ever develops that property, it behooves them to cover this liability to put paving there and increase the beauty of the park. Legislator Larison said he concurs with Legislators Bleiler and Bingell. They have been trying to do this for several years. The Legislature once had an agreement with the Village of Watkins Glen and it never happened. When tourists come visit the area, it looks bad. If a new wonderful hotel does get built, then they can afford to tear it up. Chairman Gifford said the Highway Superintendent and Building Maintenance Supervisor agree with him about it being a waste of funds. He feels they could plant trees and block off the access. It should not be called an access to the park. He believes the Village of Watkins Glen was talking about paving the place where the sign is located. Legislator Bingell said that in 2003 the Village received grant funds to pay for all of the blacktop for the access road at no cost to the county, providing the county contributed the labor. The Legislature refused that offer. It is the County’s property and we should take care of it. Legislator Slusser asked when the Village of Watkins Glen might abandon Lincoln Way? Chairman Gifford said it is in the works. Legislator Bleiler feels they should pass this Resolution tonight, but not proceed if the abandonment happens. Legislator Slusser feels that is a good reason to table the Resolution. Legislator Bleiler feels it is a matter of accounting for it in the budget for 2005. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 158 Chairman Gifford feels they should keep grading it and filling the holes. To black top it creates a road and it is not a road. Legislator Karius agrees with Chairman Gifford. VOTE: Failed 3-4. Noes: Bleiler, Larison, Bingell, Yuhasz. RESOLUTION NO. 423 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE THE BUILDINGS AND GROUNDS AND HIGHWAY DEPARTMENTS TO PAVE THE ACCESS TO SENECA HARBOR PARK IN THE SPRING OF 2005 - FAILED WHEREAS, traffic across the access to Seneca Harbor Park land is significant, and WHEREAS, the property has the liability of many pot holes, and WHEREAS, it is the recommendation of the Public Works Committee that the access to Seneca Harbor Park be paved in the Spring of 2005. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Buildings and Grounds and Highway Department be directed to pave the above-mentioned access, and BE IT FURTHER RESOLVED, that appropriate funding be included in the Buildings and Grounds 2005 budget for said work. VOTE: Failed 4-3. Noes: Slusser, Karius, Gifford. RESOLUTION NO. 424 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CONTRACT RENEWAL WITH MENTAL HEALTH FOR 2005 CLEANING SERVICES – BUILDINGS AND GROUNDS WHEREAS, Buildings and Grounds provides cleaning services to the Community Services and Public Health departments at Mill Creek center, and WHEREAS, upon the recommendation of the Public Works committee the Building Maintenance Supervisor has increased the cost to Mental Health by NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract renewal with the Mental Health and Public Health Departments for cleaning services at cost of $16,827.34 annually for the term January 1, 2005 through December 31, 2005; subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 425 Motion by Karius, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH COTT SYSTEMS FOR INDEXING SERVICES FOR THE YEAR 2005 – COUNTY CLERK WHEREAS, the County Clerk contracts with Cott Systems for microfilm indexing services, and WHEREAS, the agreement will now be a one-year agreement instead of a three-year agreement, with an increase in cost. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract with Cott Systems in the amount not to exceed $11,000 annually, for a term of January 1, 2005 through December 31, 2005, funding will be available in the 2005 budget account no. 1410.428-Microfilming; subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 426 Motion by Karius, Second by Bingell. RE: AUTHORIZE RENEWAL OF LETTER AGREEMENT WITH SOIL AND WATER CONSERVATION DISTRICT FOR ROAD RUNNER SERVICE WHEREAS, Soil and Water Conservation District computers are integrated into the County’s existing Road Runner internet service at the Rural Urban Center, and WHEREAS, the parties wish to renew their Agreement to continue this arrangement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a Letter Agreement with the Soil and Water Conservation District for the provision of County-provided internet access at the Rural Urban Center for a term ending December 31, 2010, at a cost of $10 per computer; agreement subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 427 Motion by Karius, Second by Bingell. RE: AUTHORIZE SUBMISSION OF LOCAL GOVERNMENT RECORDS MANAGEMENT ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 159 IMPROVEMENT FUND GRANT APPLICATION FOR INDEXING MINUTES BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all contracts relative to a Local Government Records Management Improvement Fund grant application for funds not to exceed the sum of $20,000 for the continuation of an Indexing Minutes project for the 2005-2006 grant cycle; subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 428 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPLICATION AND CONTRACT FOR 2004/2005 NYS AID TO PROSECUTION 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 in prosecuting felony offenses. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2004/2005 NYS Aid to Prosecution Grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $40,375.00; said documents subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 429 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FOR BOARDING OF PRISONERS – SHERIFF’S DEPARTMENT WHEREAS, the Sheriff’s 2004 Boarding of Prisoners account is over-expended as of the October billing, and WHEREAS, there are sufficient funds in the Insurance account to cover said expenditure. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $9,000 from account no. 3110.418-Insurance to account no. 3150.456-Boarding of Prisoners. VOTE: Passed 7-0. RESOLUTION NO. 430 Motion by Larison, Second by Bingell. RE: AUTHORIZATION FOR CHAIRMAN TO SIGN COMMITMENT LETTER WITH NEW YORK STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES- PROBATION WHEREAS, the Schuyler County Probation Department recently received a letter from the New York State Division of Probation and Correctional Alternatives concerning timely submission of and quarterly reports as well as vouchers, requiring these in order to be eligible for receipt of prompt State Aid, as well as other required documentation, and WHEREAS, the County of Schuyler has always relied on this State Aid to partially fund the Probation Department. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be authorized to sign said letter and have it submitted to the New York State Division of Probation and Correctional Alternatives, upon approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 431 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS – PUBLIC DEFENDER WHEREAS, line item no. 1170.563-Assigned Counsel/Family Court in the Public Defender’s 2004 budget is over-expended as of the October billing. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $10,000 from Contingency account no. 1990.500 to account no. 1170.563-Assigned Counsel/Family Court. VOTE: Passed 7-0. RESOLUTION NO. 432 Motion by Bingell, Second by Larison. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 160 RE: AUTHORIZE CONTRACT WITH THE STATE FOR FUNDS TO PURCHASE A MULTI-TOOLED BACKHOE – HIGHWAY DEPARTMENT WHEREAS, the Highway Department has applied for and received notice that funds have been allocated to the Schuyler County Highway Department in the amount of $65,000 for the purchase of a Multi- Tooled Backhoe. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the particular state agency that will be assigned to this project, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Highway Superintendent be authorized to set specifications and to advertise for bids for a Multi-Tooled Backhoe, and/or utilize State Bid Contract Vendors. VOTE: Passed 7-0. RESOLUTION NO. 433 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS TO PERSONNEL SERVICES OVERTIME AND AMEND THE 2004 BUDGET - SOCIAL SERVICES WHEREAS, the Department of Social Services needs to transfer funds into its Overtime account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to make the following transfers within the Department of Social Services 2004 Budget: Appropriations: + $10,000 6010.101 Personnel Services - Overtime - $10,000 6119.400 Child Care (Foster Care) Revenue: + $5,000 6010-3610 State Aid – Administration - $5,000 6119-3619 State Aid – Child Care VOTE: Passed 7-0. RESOLUTION NO. 434 Motion by Larison, Second by Bingell. RE: ACCEPT 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. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to accept the Offer to Purchase and execute the quitclaim deed and attending documents for the transfer of the below listed property, and any other 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 by 5:00 p.m. on November 19, 2004, which is the last regularly scheduled work day of the Schuyler County Treasurer’s Office prior to the tax sale auction, and BE IT FURTHER RESOLVED, that upon 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. TOWN TAX MAP # FORMER OWNER OF RECORD Hector 44.5-2-9.3 Luis A. Tapia Tyrone 18.-1-46 George A. Sloan VOTE: Passed 7-0. RESOLUTION NO. 435 Motion by Larison, Second by Bingell. RE: RESOLUTION TO JOIN THE NEW YORK STATE ASSOCIATION OF COUNTIES (NYSAC) COLLECTIVE LITIGATION AGAINST THE NATION’S LARGEST PHARMACEUTICAL MANUFACTURERS SEEKING A REFUND OF OVERCHARGES TO MEDICAID WHEREAS, NYSAC has offered Schuyler County the opportunity to participate in a lawsuit seeking a refund of drug company overcharges to Medicaid, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 161 WHEREAS, it is reasonably likely that the Schuyler County Department of Social Services (DSS) may have a claim in this litigation to recover overcharges and treble damages, and WHEREAS, time is of the essence. NOW, THEREFORE, BE IT RESOLVED: 1. That Schuyler County/Schuyler County DSS join the Plaintiffs in the described litigation. 2. That the Schuyler County Attorney’s Office take all steps necessary to join the action in coordination with NYSAC. 3. That the Chairman of the Legislature be authorized to sign all court pleadings and related documents in furtherance of the county’s claim. 4. That the Schuyler County Treasurer be authorized to make disbursements, if any, for the ordinary and necessary court filing fees and similar routine litigation expenses. VOTE: Passed 7-0. RESOLUTION NO. 436 Motion by Bingell, Second by Larison. RE: MOTION TO BRING THREE RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that three resolutions be brought to the floor. VOTE: Passed 7-0. RESOLUTION NO. 437 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS TO PAY FOR ELEVATOR REPAIR – BUILDINGS AND GROUNDS WHEREAS, the elevator at the Rural Urban Center is in need of repairs to make the doors close properly, and WHEREAS, the Buildings and Grounds budget for such repairs has been depleted. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $2,382.00 from Contingency account no. 1990.500 to account no. 1620.490-Subcontracts, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Schindler Elevator Corp. for emergency elevator repair services, subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 438 Motion by Bleiler, Second by Yuhasz. RE: MOTION TO TABLE RESOLUTION NO. 438 – FAILED BE IT RESOLVED, that Resolution No. 438 be tabled for further discussion. DISCUSSION: Legislator Karius feels there is money in the 2005 budget to hire a County Administrator and that person should do this investigation. The Legislature is trying to reduce expenses and this is another $24,700 we are spending. Legislator Yuhasz said the county does need to expand, whether we do this study or not. Legislator Bleiler explained that this expense is coming from the 2004 contingency account, not next year’s budget. If we had an administrator, he feels that person would defer to an expert. Legislator Slusser feels they are being fiscally responsible. We did a study on the Rural Urban Center, which came up with an estimated project cost of seven million to build and expand. We need to look elsewhere and save money with an alternative. Legislator Larison feels this issue should be tabled until the budget is done. He would like to see a final budget before moving forward on this. Legislator Yuhasz said there are real concerns about the deterioration of the Office for the Aging building and the county needs to address those concerns in a timely manner. Legislator Bleiler feels they have all agreed on going ahead with a space project, and to hold next year’s budget hostage is inappropriate. Legislator Slusser said it seems to him that all parties agree about space constraints and these projects do not happen overnight. Legislator Larison feels one month will not hurt anyone. VOTE: Failed 3-4. Noes: Slusser, Bleiler, Yuhasz, Gifford. RESOLUTION NO. 438 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE AGREEMENTS WITH SUSAN PAYNE AND HUNT ENGINEERS FOR A RISK ANALYSIS STUDY FOR SCHUYLER COUNTY CONSOLIDATED MUNICIPAL OFFICES – ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 162 BUILDINGS AND GROUNDS WHEREAS, the County of Schuyler has been reviewing how to best meet the needs for additional office space needed to conduct county business, and WHEREAS, the use of a consultant and an engineers is needed in order to reach the best conclusion in regard to cost and better understand the positives and the negatives of various approaches to meet the County’s needs for additional space. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Susan M. Payne Consulting at a cost of $11,200.00 and Hunt Engineers, Architects, and Surveyors at a cost of $13,500.00 be hired jointly to evaluate five scenarios of meeting the County’s office space needs; subject to the approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer $24,700 from Contingency account no. 1990.500 to account no. 1620.435-Professional Fees and Services. VOTE: Passed 5-2. Noes: Karius, Larison. RESOLUTION NO. 439 Motion by Bleiler, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS FOR VEHICLE EXPENSES – SHERIFF’S DEPARTMENT WHEREAS, due to the high cost of gasoline and car expenses the Sheriff’s vehicle expense account is overdrawn as of the October audit, and WHEREAS, there are sufficient funds in the 3110.101-Overtime account to pay for said shortage. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $13,000 from account no. 3110.101-Overtime to account no. 3110.444-Vehicle Expenses. VOTE: Passed 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Bleiler reported on the Sesquicentennial Celebration. The final event concluded at the Hector Presbyterian Church with a harvest dinner. Cargill Salt has offered to sponsor a reception for all committees and people involved that worked on the activities. He hopes all legislators with standing committees and the citizens that helped will attend. It will be held on November 18, 2004 from 6-9 p.m. at the Rural Urban Center in Montour Falls with Carol Bower Catering. Legislator Larison said he wanted the Legislature to know he is on the New York State Association of Conservation District Boards that meet seven times a year. He explained what they act on and had a brochure for them to read if interested. They spend money on New York State Farms and the Soil and Water Conservation Districts to implement programs. He feels it is a very important organization. Legislator Slusser said the Management and Finance Committee has made some progress on the budget, however is still in the final stages before presentation of a tentative budget to the Legislature. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:20 P.M. Stacy B. Husted, Deputy Clerk Heather L. Lodge, Personal Secretary SPECIAL MEETING NOVEMBER 18, 2004 The November 18, 2004 Special Meeting of the Schuyler County Legislature was called to order at 10:33 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was excused. PUBLIC PARTICIPATION: None. MOTION by Legislator Bingell, to rescind the motion from the Management and Finance Committee meeting on November 17, 2004 regarding the minimum bid requirement for tax auction properties, SECOND by Legislator Larison. Motion carried eight ayes to zero noes. RESOLUTION NO. 440 Motion by Bingell, Second by Karius. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 163 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. ALLOW ALTERATIONS TO THE TENTATIVE BUDGET FOR 2005 2. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN TO MODIFY THE PERFORMANCE APPRAISAL SALARY ADVANCEMENT FOR THE YEAR 2005 3. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN TO MODIFY THE PERFORMANCE APPRAISAL SALARY ADVANCEMENT FOR THE YEAR 2005 AND AMEND RESOLUTION NO. 323-04 VOTE: Passed 8-0. RESOLUTION NO. 441 Motion by Fagan, Second by Bingell. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SOCIAL SERVICES BE IT RESOLVED, that the Tentative Budget for 2005 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$10,000 6010.484 Employment Programs -$20,000 6140.400 Safety Net -$10,000 6140-3640 State Aid – Safety Net VOTE: Passed 8-0. RESOLUTION NO. 442 Motion by Larison, Second by Bingell. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SHERIFF’S DEPARTMENT BE IT RESOLVED, that the Tentative Budget for 2005 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$29,452 3110.100 Personal Services +$10,897 Fringe Benefits -$21,000 3110.204 Vehicle DISCUSSION: Legislator Bleiler believes the $18,000 difference can be found elsewhere in revenues. Legislator Fagan agrees to support this as long as they find it elsewhere. VOTE: Passed 8-0. RESOLUTION NO. 443A Motion by Bingell, Second by Slusser. RE: MOTION TO TABLE RESOLUTION NO. 443 BE IT RESOLVED, that Resolution No. 443 be tabled until the November 19, 2004 Special Meeting of the Legislature. VOTE: Passed 8-0. RESOLUTION NO. 443 Motion by Slusser, Second by Karius. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – INFORMATION TECHNOLOGY AND MENTAL HEALTH - TABLED BE IT RESOLVED, that the Tentative Budget for 2005 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$10,500 1680-1286 Departmental Income Revenue 2,500 4310.435 Professional Fees and Services 2,500 4310.532 Computer Services RESOLUTION NO. 444 Motion by Larison, Second by Bingell. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – HIGHWAY BE IT RESOLVED, that the Tentative Budget for 2005 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 164 +$31,000 0003-2655 Machinery Revenue-Minor Sales VOTE: Passed 8-0. RESOLUTION NO. 445 Motion by Larison, NO SECOND. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN TO MODIFY THE PERFORMANCE APPRAISAL SALARY ADVANCEMENT FOR THE YEAR 2005 - FAILED WHEREAS, Resolution No. 323-04 set the Cost of Living Adjustment to be 3.9% to reflect changes in the Factor Rating System and Salary Ranges chart. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Salary Advancement section in the Management/Confidential Salary Plan be amended to read as follows in bold for the year 2005: Outstanding Rating will receive a Cost of Living Adjustment (COLA) on the actual salary plus two percent on the mid-point of the salary range. Acceptable Rating will receive a Cost of Living Adjustment (COLA) on the actual salary, plus one percent on the mid-point of the salary range. DISCUSSION: Legislator Larison explained that he is sponsoring this Resolution because he has a problem with the way the Legislature is handling an agreement with the Management/Confidential Salary Plan on how the Cost of Living Adjustment (COLA) is to be given. He feels they should honor their commitment of a 3.9% COLA, not a 3% COLA. Legislator Bleiler reminded everyone that some counties are not giving their management any increase next year. Legislator Slusser stated that some counties are also laying off employees. Legislator Bingell feels bad that the Plan is not being honored and that they can not pay our employees what they deserve. She has seen terrible things done to employees, she goes along to get along. Legislator Yuhasz said he agrees, a commitment is a commitment. He feels they should have changed it ahead of time to let them know their merit is changing, not inform them at the last minute. Legislator Slusser said they also have a commitment to manage the county and keep things in balance. He feels a 5% salary increase overall is good. Legislator Larison said if you want to change it next year fine, but make the change next year, not now. Legislator Bleiler said he was part of the committee that designed the Plan. The intent was and is as written, however everyone realizes that it is not a contract. The Legislature does their best, knowing they still need to pass a budget and the amount of the increase would rely on the budget figures. Legislator Fagan said he was the one who suggested the 3% because there is no way he will agree to pay management salary increases in excess of There was no second to Legislator Larison’s motion. RESOLUTION NO. 446 Motion by Fagan, Second by Slusser. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN TO MODIFY THE COST OF LIVING ADJUSTMENT (COLA) AND THE PERFORMANCE APPRAISAL SALARY ADVANCEMENT FOR THE YEAR 2005 AND AMEND RESOLUTION NO. 323-04 WHEREAS, the Management and Finance Committee wishes to modify the COLA and the performance appraisal salary advancement criteria for the year 2005. NOW, THEREFOFRE, BE IT RESOLVED, that the Cost of Living Adjustment for the year 2005 be and BE IT FURTHER RESOLVED, that the Salary Advancement section in the Management/Confidential Salary Plan be amended to read as follows in bold: Outstanding Rating will receive a Cost of Living Adjustment (COLA) on the actual salary plus two percent on the mid-point of the salary range. Acceptable Rating will receive a Cost of Living Adjustment (COLA) on the actual salary, plus one percent on the mid-point of the salary range, and BE IT FURTHER RESOLVED, that Resolution No. 323-04 be amended to add a third Whereas to read “WHEREAS, the Legislature will set the COLA to be 3% for the year 2005, and” WHEREAS, the salary ranges will now read as set forth below: FACTOR RATING SYSTEM AND SALARY RANGES POINTS GRADE MIN MID MAX_ 1026 – 1100 M 65,797 74,642 83,506 951 – 1025 L 60,732 69,588 78,445 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 165 876 – 950 K 55,670 64,527 73,385 801 – 875 J 50,609 59,467 68,324 726 – 800 I 45,550 54,407 63,263 651 – 725 H 40,488 48,712 56,937 576 – 650 G 36,692 45,550 54,407 501 – 575 F 34,161 42,386 50,609 426 – 500 E 31,631 39,222 46,814 351 – 425 D 29,102 36,060 43,020 276 – 350 C 26,571 32,896 39,222 202 – 275 B 24,040 30,366 36,692 0 – 201 A 21,427 27,835 34,161 VOTE: Passed 7-1. No: Larison. RESOLUTION NO. 447 Motion by Fagan, Second by Slusser. RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 2004 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2005 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 2004 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on December 13, 2004 at 7:30 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 4 OF THE YEAR 2004 A Local Law Setting Salaries for Certain Public Officers for the Year 2005. 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, 2005. 2. The following public officers are subject to the provisions hereof: Personnel Officer $38,059 County Attorney $48,885 Assistant County Attorney $65,160 Assistant County Attorney $58,236 Conf. Sec’y. to County Attorney $37,092 Deputy County Clerk $31,381 Chief Assistant District Attorney $60,287 Assistant District Attorney $21,177 Conf. Sec’y. to District Attorney $32,345 Commissioner of Social Services $58,558 County Highway Superintendent $52,338 Undersheriff $47,328 Clerk of the Legislature $59,556 Deputy Clerk of the Legislature $35,435 Deputy County Treasurer $29,462 Purchasing Agent $33,006 Real Property Tax Director $47,974 Public Defender $72,100 Assistant Public Defender $36,050 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 166 3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24. VOTE: Passed 7-1. No: Larison. WITHDRAWN RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – YOUTH BUREAU - WITHDRAWN BE IT RESOLVED, that the Tentative Budget for 2005 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION 2,235 7310.100 Personal Services +$14,218 7310.120 Personal Services-Families First +$23,634 7310-2389 Other Home & Community Service RESOLUTION NO. 448 Motion by Fagan, Second by Slusser. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – HEALTH SERVICES AND SALARIES WHEREAS, the implementation of the CSEA Administrative Unit Reallocation and Reclassification Plan has included position upgrades for Public Health and Mental Health nurses as well as other administrative unit positions. NOW, THEREFORE, BE IT RESOLVED, that the Tentative Budget for 2005 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION 4,313 4310.100 Personal Services 4,313 4310-1620 Mental Health Fees Revenue +$14,800 4010.100 Personal Services +$14,800 4010-1610 Revenues 5,859 9060.807 Salaries 611 4050.100 Personal Services-Watershed 611 4050-1609 Watershed Revenues VOTE: Passed 8-0. RESOLUTION NO. 449 Motion by Karius, Second by Slusser. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – BOARD OF ELECTIONS BE IT RESOLVED, that the Tentative Budget for 2005 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$1,488 1450.100 Personal Services 3,000 1540.207 Computer 500 1450.408 Computer Supplies 700 1450.409 Conference Expenses +$1,471 1450.433 Postage and Freight 400 1450-2215 Election Services Revenue VOTE: Passed 8-0. The Clerk of the Legislature reported that they have an employee who has submitted their 2005 opt-out insurance paperwork late. She informed the legislators that two years ago someone was extremely late and denied participation. This employee is two days late. Chairman Gifford asked if it is a savings to us to accept the paperwork after the deadline. The Clerk explained that the county gives the employee $1,000 in lieu of giving them $10,000 in benefits, so yes, it is a savings. While the Legislature felt they needed to comply with the rules, to deny this employee would cost the taxpayers more money. MOTION by Legislator Bleiler to authorize the acceptance of the late opt-out paperwork for this employee, SECOND by Legislator Larison. Motion carried eight ayes to zero noes. PUBLIC PARTICIPATION: None. The Meeting adjourned at 11:30 A.M. Gail M. Hughey, Clerk ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 167 Stacy B. Husted, Deputy Clerk SPECIAL MEETING NOVEMBER 19, 2004 The November 19, 2004 Special Meeting of the Schuyler County Legislature was called to order at 11:30 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present except Legislator Larison who was excused. County Attorney Coleman was excused. PUBLIC PARTICIPATION: None. RESOLUTION NO. 450 Motion by Slusser, Second by Yuhasz. 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. Allow alterations to the tentative budget for 2005. VOTE: Passed 7-0. RESOLUTION NO. 451 Motion by Slusser, Second by Fagan. RE: ALLOW ALTERATIONS TO THE TENTATIVE BUDGET FOR 2005 – INFORMATION TECHNOLOGY BE IT RESOLVED, that the Tentative Budget for 2005 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$11,000 1680-1286 Departmental Income Revenue VOTE: Passed 7-0. RESOLUTION NO. 452 Motion by Bingell, Second by Bleiler. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – YOUTH BUREAU BE IT RESOLVED, that the Tentative Budget for 2005 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION 2,235 7310.100 Personal Services 7,123 7310.120 Personal Services-Families First 400 7310.308 Families First Expenses 4,300 7310-2389 Other Home & Community Service VOTE: Passed 7-0. RESOLUTION NO. 453 Motion by Bleiler, Second by Yuhasz. RE: ALLOW ALTERATIONS TO THE TENTATIVE BUDGET FOR 2005 – CENTRAL GARAGE BE IT RESOLVED, that the Tentative Budget for 2005 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$15,693 1640.204 Car +$15,693 1640-2665 Sale of Equipment, and BE IT FURTHER RESOLVED, that a reserve account be created for the purchase of two additional new vehicles using fund balance. VOTE: Passed 7-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 11:56 A.M. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk SPECIAL MEETING ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 168 NOVEMBER 23, 2004 The November 23, 2004 Special Meeting of the Schuyler County Legislature was called to order at 11:00 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except Legislator Bleiler who was excused. Assistant County Attorney Morris was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 454 Motion by Bingell, Second by Larison. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. Accept/Reject 2004 Tax Auction Bids. 2. Set the Time and Place of the Public Hearing on the Completion and Filing of the Lamoka/Waneta Lakes Rehabilitation District. 3. Authorize Creation and Filling of a Keyboard Specialist Position – Civil Service 4. Authorize Creation, Filling and Appointment of a Highway Department Administrative Consultant - Highway 5. Authorize Transfer of Funds for Overtime – Animal Control 6. Appropriate Fund Balance for the Purchase of a Road Patrol Car – Sheriff’s Department 7. Acknowledge Appointment and Set Salary –Personal Secretary Position - Legislature VOTE: Passed 7-0. RESOLUTION NO. 455 Motion by Bingell, Second by Yuhasz. RE: ACCEPT/REJECT 2004 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 20, 2004. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts the following bids, to wit: BIDDER'S NAME: Leonard N. Tostanoski & George V. Eddy BIDDER'S ADDRESS: 3895 West Road Corning, New York 14830 AMOUNT OF BID: $1,400.00 FORMER OWNER: Homer E. Monroe TAX MAP 86.-1-7.112 PARCEL ID NUMBER: 303-3475-01 LOCATION: Dix BIDDER'S NAME: Victoria Bond BIDDER'S ADDRESS: 5317 State Route 414 Hector, New York 14841 AMOUNT OF BID: $10,100.00 FORMER OWNER: Roger D. & Janice Staples TAX MAP 65.13-1-37 PARCEL ID NUMBER: 301-0834-00 LOCATION: Dix/Watkins Glen BIDDER'S NAME: David George BIDDER'S ADDRESS: 1488 Johnson Road Millport, New York 14864 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 169 AMOUNT OF BID: $1,150.00 FORMER OWNER: County of Schuyler TAX MAP 44.19-1-29 PARCEL ID NUMBER: 402-9023-00 LOCATION: Hector/Burdett BIDDER'S NAME: Donald Simmers BIDDER'S ADDRESS: Box 592 Interlaken, New York 14847 AMOUNT OF BID: $2,900.00 FORMER OWNER: Grace Fletcher TAX MAP 5.-1-31 PARCEL ID NUMBER: 401-5132-00 LOCATION: Hector BIDDER'S NAME: Michael Coppola BIDDER'S ADDRESS: 1251 Avenue Pine City, New York 14871 AMOUNT OF BID: $25,000.00 FORMER OWNER: Robert & Deona Muller TAX MAP 86.7-4-31 PARCEL ID NUMBER: 501-0765-00 LOCATION: Montour/Montour Falls BIDDER'S NAME: Leonard N. Tostanoski BIDDER'S ADDRESS: 3895 West Road Corning, New York 14830 AMOUNT OF BID: $5,800.00 FORMER OWNER: Richard TAX MAP 50.-1-35 PARCEL ID NUMBER: 801-2215-06 LOCATION: Tyrone IDDER'S NAME: Raymond E. Dann BIDDER'S ADDRESS: 8514 County Road 54 Hammondsport, New York 14840 AMOUNT OF BID: $800.00 FORMER OWNER: Jason & Dawn Novak TAX MAP 50.5-1-6 PARCEL ID NUMBER: 801-2023-00 LOCATION: Tyrone, and BE IT FURTHER RESOLVED, the Schuyler County Attorney is directed to prepare appropriate deeds and documents pertinent to such conveyance within thirty days of this authorization, and BE IT FURTHER RESOLVED, the Chairman of the Schuyler County Legislature is authorized to execute such deeds and attending documents and the Schuyler County Treasurer is authorized to deliver such deeds and attending documents upon full payment of the bid purchase price balance to the County of Schuyler. VOTE: Passed 7-0. RESOLUTION NO. 456 Motion by Larison, Second by Bingell. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 170 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 2004, for the budget year of 2005, for the Lamoka/Waneta Lakes Protection and Rehabilitation District shall be held on the 13th day of December, 2004 at 7:15 P.M. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY and the Clerk of the Legislature is hereby authorized and directed to publish the Notice of Public Hearing as required by Section 270 of the County Law in the official newspaper of the County, and the Clerk is further directed to forward a certified copy of this resolution to the Attorney for the Lamoka/Waneta Lakes Protection and Rehabilitation District, A. Thomas Galloway II, Esq., Orrick, Herrington & Sutcliffe, LLP, Fifth Avenue, New York, NY 10103: Christine Kane, Clerk, Steuben County Legislature; the Director of Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer. VOTE: Passed 7-0. RESOLUTION NO. 457 Motion by Bingell, Second by Larison. RE: AUTHORIZE CREATION AND FILLING OF A KEYBOARD SPECIALIST POSITION – CIVIL SERVICE WHEREAS, the Civil Service Clerk has resigned her position effective November 26, 2004, and WHEREAS, the Personnel Officer recommends a change in title for this position, and WHEREAS, there are funds available in the 2004 and 2005 budgets for said hire. NOW, THEREFORE, BE IT RESOLVED, that the Personnel Officer be hereby authorized to create and fill a Keyboard Specialist position in the Civil Service Department, at the current contract hourly rate of $10.87 to work 17 hours per week, and BE IT FURTHER RESOLVED, that the position of Civil Service Clerk be hereby abolished. VOTE: Passed 7-0. RESOLUTION NO. 458A Motion by Yuhasz, Second by Larison. RE: MOTION TO AMEND RESOLUTION NO. 458 BE IT RESOLVED, that Resolution No. 458 be amended to change the Be It Further Resolved sentence to read as follows: “BE IT FURTHER RESOLVED, that this Legislature acknowledge the appointment by Greg S. Mathews, Superintendent, of Terence Wolverton as Highway Department Administrative Consultant, for the temporary term commencing January 1, 2005 and ending six weeks after the appointment of a new Deputy Highway Superintendent, at an annual salary of $46,360; it being understood there are no benefits for this temporary appointment”. DISCUSSION: Legislator Bingell explained to Legislator Slusser the need for this position so that the outgoing Deputy can help train the new Deputy Highway Superintendent. Legislator Slusser asked why the Superintendent could not do the training. The Clerk to the Legislature explained that in her conversation with the Superintendent, he indicated that during snow calls, the Deputy and Consultant would work 1am-9am and the Superintendent would work the day shift. The Superintendent cannot work 24 hours a day. Legislator Bingell said it is for a limited time of four months only. Legislator Slusser feels the training period is too long. Legislator Bingell clarified that there are no benefits with the Consultant because it is a temporary appointment. Legislator Slusser asked why the Superintendent did not ask for this when he asked for approval to fill and advertise. The Clerk explained that he wanted to get advertising done immediately and was looking at options. After further discussion, it was agreed to reduce the training period to six weeks after the new Deputy is hired. VOTE: Passed 5-2. Noes: Slusser, Karius. RESOLUTION NO. 458 Motion by Bingell, Second by Larison. RE: AUTHORIZE CREATION, FILLING AND APPOINTMENT OF A HIGHWAY DEPARTMENT ADMINISTRATIVE CONSULTANT – HIGHWAY – AS AMENDED WHEREAS, the Highway Superintendent feels it imperative to have a training period for the new Deputy Superintendent, especially considering the approaching winter season, and WHEREAS, in order to do this, a title needs to be created on a temporary basis to allow the retired Deputy Superintendent to train the new appointee, and WHEREAS, funds are available in the 2004 and 2005 budgets to cover this expense due to a vacant ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 171 Heavy Equipment Operator position. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be hereby authorized to create and fill a Highway Department Administrative Consultant position, Grade F of the Management/Confidential Salary Plan, and BE IT FURTHER RESOLVED, that this Legislature acknowledge the appointment by Greg S. Mathews, Superintendent, of Terence Wolverton as Highway Department Administrative Consultant, for the temporary term commencing January 1, 2005 and ending six weeks after the appointment of a new Deputy Highway Superintendent, at an annual salary of $46,360; it being understood there are no benefits for this temporary appointment. VOTE: Passed 5-2. Noes: Slusser, Karius. RESOLUTION NO. 459 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FOR OVERTIME – ANIMAL CONTROL WHEREAS, the Animal Control overtime account is over expended, and WHEREAS, there are funds in the Animal Control contractual line item to cover said overage. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $1,500 from account no. 3510.400-Contractual to account no. 3510.102-Overtime in the Animal Control budget. VOTE: Passed 7-0. RESOLUTION NO. 460 Motion by Bingell, Second by Larison. RE: APPROPRIATE FUND BALANCE FOR THE PURCHASE OF A NEW ROAD PATROL VEHICLE – SHERIFF’S DEPARTMENT BE IT FURTHER RESOLVED, that $21,000 be appropriated from fund balance for the purchase of a new road patrol vehicle for the Sheriff’s Department. VOTE: Passed 7-0. RESOLUTION NO. 461 Motion by Bingell, Second by Larison. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY – PERSONAL SECRETARY POSITION - LEGISLATURE WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, funds are appropriated in the 2004 budget for said position. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledges the appointment by Gail M. Hughey, Clerk of the Legislature, of Heather L. Lodge as Personal Secretary of the Legislature to be shared with the Buildings and Grounds Department, at a salary of $23,340, in Grade Level B of the Management/Confidential Salary Plan, effective upon the receipt of the necessary documentation by the Human Resources Department. DISCUSSION: Chairman Gifford asked about the possibility of restructuring offices and how would it affect this position. The Clerk said it depends on what the Legislature does as far as restructuring. Right now there is a need in both the Legislative Office and Buildings and Grounds Department for help. The new employee is aware of the possible restructuring that might occur in the future. VOTE: Passed 7-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 11:16 A.M. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk PUBLIC HEARING DECEMBER 9, 2004 The Public Hearing on the 2005 Tentative Budget was called to order at 6:30 p.m. All Legislators were present. Attorney Coleman was also present. There were approximately 35 people present. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 172 Chairman Gifford explained that this year’s budget process was a little different. The Legislature contracted with SUNY Binghamton to do a Performance Based Budget for the county. Professor Sinclair will be making a presentation and be open to questions. Professor Sinclair presented examples of the Performance Based Budget and explained that the numbers will need to be adjusted before they go on the county’s web page. The presentation is on file in the Legislative Office. He explained that a lot of big governments are doing this type of budget, but it is unique for a small county such as Schuyler to take on such a project. They hope to implement the Performance Based Budget onto the county web page by the first part of January, 2005. He commended all Department Heads on their hard work and thanked all who were involved and said it was a pleasure to work with the county employees. Budget Officer, Legislator Slusser, presented his budget presentation, which is on file in the Legislative Office. Legislator Slusser began by thanking SUNY Binghamton, Professor Sinclair and his students. The students received a hands-on experience and the county will get a deliverable item to build on in the future with goals and performance. He also thanked the department heads who always put a lot of effort into the county budget. This year they had a lot more work. He also thanked the Treasurer’s Office and the Legislative Office staff for their hard work in preparing the budget and this presentation. He explained that the departmental expenses slide shows the local share cost of three major departments, Social Services, Public Safety and Health Services. The Public Safety group consists of the Sheriff, Probation, District Attorney and the Public Defender. Health Services consists of Public and Mental Health. The Health Services group has increased due to a loss in state and federal funding. The Authorized Debt slide has decreased because they are using fund balance to pay off projects and debt, purchasing one-time items such as equipment/vehicles and paying for one-time capital projects in 2005. Chairman Gifford opened the floor for public discussion. Gene Pierce said he is present tonight to represent the Schuyler County Chamber of Commerce. Jim Berg, President of the Chamber, and board members were also present. He appreciated the presentation and likes the idea of a performance-based budget. As the Legislature is aware the Chamber’s budget line item from the county was cut by $30,000 and he respectfully asked that their line item be restored. This 14% cut is significant to them and the timing is wrong. The Chamber has been bringing in a lot of tourists and doing more work to promote Schuyler County. They are concerned about the ability to attract tourists with this lack of funds because they will have to reduce staff and programs. The Public Hearing ended at 7:05 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk SPECIAL MEETING DECEMBER 9, 2004 The December 9, 2004 Special Meeting of the Schuyler County Legislature was called to order at 7:06 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. Legislator Bleiler stated that he had some good news and bad news that the Legislature needed to know before they adopt the budget. Social Services may have a larger balance at the end of 2004 to go into the general fund for fund balance. The bad news is that there is a Resolution on Monday night’s agenda implementing the Mobile Work Crew again in 2005 and the Mobile Work Crew (MWC) van was given to the Office for Aging to be given back if the MWC was recreated. That leaves Office for the Aging (OFA) without a van in 2005. The OFA Director is not having any luck finding a grant to purchase a van with a handicapped lift. The Legislature might need to spend $25,000 for a new van from contingency in 2005 for Office for the Aging. Legislator Slusser stated that in reference to the Mobile Work Crew, the goals of that program is to reduce social services support to clients, which should save money. RESOLUTION NO. 462 Motion by Karius, Second by Slusser. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 173 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. Adoption of the 2005 Budget. VOTE: Passed 7-1. No: Larison. RESOLUTION NO. 463 Motion by Bingell, Second by Yuhasz. RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2005 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 2005 would be held at 6:30 P.M. on December 9, 2004, in the upstairs Main Court Room of the Court House, Watkins Glen, NY, and WHEREAS, the above-mentioned Public Hearing was held on December 9, 2004 at said time and place. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2005 as presented by the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the Schuyler County Legislature, to raise $8,108,946.00 by tax levy, be adopted. VOTE: Passed 7-1. No: Larison. RESOLUTION NO. 464 Motion by Bingell, Second by Yuhasz. RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2005" WHEREAS, the Schuyler County Legislature by Resolution No. 463, dated December 9, 2004, has adopted a budget for fiscal year 2005. NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the column entitled "2005" as amended, be, and the same hereby are, appropriated for the objects and purposes specified, effective January 1, 2005. VOTE: Passed 7-1. No: Larison. RESOLUTION NO. 465 Motion by Bingell, Second by Yuhasz. RE: 2005 BUDGET OF $31,698,333.00: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN BE IT RESOLVED, pursuant to the Real Property Tax Law Section 900, as amended by Chapter 828 of the Laws of 1985, that this Legislature by December 31, 2004, levy the taxes for the County upon the basis of the full valuation of the taxable real property in accordance with Title 2, Article 8, the contribution of each Town to County taxes, and BE IT FURTHER RESOLVED, that the Chairman issue not later than December 31, 2004 the required certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler County. VOTE: Passed 7-1. No: Larison. PUBLIC PARTICIPATION: None. MOTION by Legislator Slusser to go into executive session to discuss property acquisition, SECOND by Legislator Fagan. Motion carried eight ayes to zero noes. MOTION by Legislator Slusser to come out of executive session, SECOND by Legislator Fagan. Motion carried eight ayes to zero noes. The Meeting adjourned at 7:43 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk REGULAR MEETING DECEMBER 13, 2004 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 174 The December 13, 2004 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Jylle Benson Gauss spoke on the Right to Farm bill. She is concerned about the way it is written. She feels it does not differentiate between local and family owned farms. She feels the definition of a farmer is too vague and there is no standard. She feels the family farmers are not protected. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 2004 CREATING A SCHUYLER COUNTY RIGHT TO FARM LAW AT 7:00 P.M.: Ben Dickens, Chairman of the Agriculture and Farmland Protection Board, thanked legislators for considering and supporting this proposed law. He stated that there is a New York State Right to Farm law, but adopting a local law sends a message that legislators support the farmers in their own community. Legislator Bleiler asked Mr. Dickens to respond to Jylle Benson Gauss’ concerns. Mr. Dickens explained that this local law does not reduce any standards that the State has already established. The county does not have the authority to adopt more stringent laws than New York State. Should a conflict arise over a farming operation and it cannot be resolved, the Department of Agriculture and Markets will investigate what the farm is doing. The New York State Agriculture Districts Law has the final say. Jylle asked about the distinction between family and local farms. Attorney Coleman interjected that all State and Federal environmental laws stay in place. Article 78 of the New York Civil Practice provides for review of any dispute of this law. A final administrative decision can go to court. All other laws that specifically deal with these issues all still apply and are enforced either during or after judicial process. PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT AT 7:15 P.M.: Legislator Fagan reported that the tentative results of monitoring on Waneta Lake was just evaluated on Friday. The Department of Environmental Conservation will not approve a full lake treatment of Lamoka Lake in 2005, however they will and are encouraging them to do a partial treatment in 2005. In that regard he, as President of the District, requests that the Real Property Tax Director refund the charges to the residents of Lamoka Lake on their 2005 tax bill. The district has money to pay for it. The partial treatment cost can be paid for through a grant. Tom Bloodgood, Real Property Tax Director, said it is a very infrequently used option in the computerized program to give money back, however the State has said it is possible. Legislator Slusser asked if it is better to just hold the money and give it to them in next year’s taxes. Tom Bloodgood said yes, and Attorney Coleman said they did that last year. Legislator Fagan said it is not worth it, the district has the funds to give the reimbursement and that is how they shall proceed. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 4 OF THE YEAR 2004/LOCAL LAW NO. OF THE YEAR 2005 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2005 AT 7:30 P.M.: None. RESOLUTION NO. 466 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE NOVEMBER 8, 2004 REGULAR MEETING, THE NOVEMBER 18, NOVEMBER 19 AND NOVEMBER 23, 2004 SPECIAL MEETINGS OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the November 8, 2004 Regular Meeting, the November 18, November 19 and November 23, 2004 Special Meetings of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 467 Motion by Larison, Second by Bingell. RE: ADOPTION OF LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 3 OF THE YEAR 2004 CREATING THE RIGHT-TO-FARM LAW WHEREAS, a proposed Local Law creating a Right-to-Farm law was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held December 13, 2004 at 7:00 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 175 NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3/Local Law No. 3 of the Year 2004, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 3/Local Law No. 3 of the Year 2004, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 3 OF THE YEAR 2004 A Local Law creating a Schuyler County Right-to-Farm Law. Be it enacted by the County Legislature of the County of Schuyler as follows: Section 1. Legislative Intent and Purpose The Schuyler County Legislature recognizes farming is an essential enterprise and an important industry, which enhances the economic base, protects the natural environment and quality of life, and demands minimal public services in the County of Schuyler. The Legislature further declares that it shall be the policy of this County to encourage agriculture and foster understanding by all residents of the necessary day-to-day operations involved in farming so as to encourage cooperation with those practices. It is the general purpose and intent of this law to maintain and preserve the rural traditions and character of the County, to permit the continuation of agricultural practices, to protect the existence and operation of farms, to encourage the initiation and expansion of farms and agri-businesses, and to promote new ways to resolve disputes concerning agricultural practices and farm operations. In order to maintain a viable farming economy in Schuyler County, it is necessary to limit the circumstances under which farming may be deemed to be nuisance and to allow agricultural practices inherent to and necessary for the business of farming to proceed and be undertaken free of unreasonable and unwarranted interference or restriction. Section 2. Definitions 1 "Farmland" shall mean land used in agricultural production, as defined in subdivision four of section 301 of Article 25AA of the State Agriculture and Markets Law. 2. "Farmer" shall mean any person, organization, entity, association, partnership, limited liability company, or corporation engaged in the business of agriculture, whether for profit or otherwise, including the cultivation of land, the raising of crops, or the raising of livestock. 3 " Agricultural products " shall mean those products as defined in section 301(2) of Article 25AA of the State Agriculture and Markets Law, including but not limited to: a. Field crops, including corn, wheat, rye, barley, hay, potatoes and dry beans. b. Fruits, including apples, peaches, grapes, cherries and berries. c. Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions d. Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers. e. Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, llamas, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, milk and milk products, eggs, furs, and poultry products. f. Maple sap, maple syrup and maple products, honey and apiary products. g. Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump. h. Aquaculture products, including fish, fish products, water plants and shellfish. i. Short rotation woody crops raised for bioenergy. j. Production and sale of woodland products managed in accordance with a current, written management plan prepared by a professional forester. Woodland products include, but are not limited to saw logs, lumber, posts and firewood. 4. “Agricultural practices" shall mean those practices necessary for the on-farm production, preparation and marketing of agricultural commodities. Examples of such practices include, but are not limited to, operation of farm equipment, proper use of agricultural chemicals and other crop production methods, composting, and construction and use of farm structures. 5. "Farm operation" shall be defined in section 301(11) in the State Agriculture and Markets Law. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 176 Section 3. Right-to-Farm Declaration Farmers, as well as those employed, retained, or otherwise authorized to act on behalf of farmers, may lawfully engage in agricultural practices within this County at all times and all such locations as are reasonably necessary to conduct the business of agriculture. For any agricultural practice, in determining the reasonableness of the time, place, and methodology of such practice, due weight and consideration shall be given to both traditional customs and procedures in the farming industry as well as to advances resulting from increased knowledge, research and improved technologies. Agricultural practices conducted on farmland shall not be found to be a public or private nuisance if such agricultural practices are: 1. Reasonable and necessary to the particular farm or farm operation, 2. Conducted in a manner which is not negligent or reckless, 3. Conducted in conformity with generally accepted and sound agricultural and forestry practices, 4. Conducted in conformity with all local, state, and federal laws and regulations, 5. Conducted in a manner which does not constitute a threat to public health and safety or cause injury to health or safety of any person, and 6. Conducted in a manner which does not reasonably obstruct the free passage or use of navigable waters or public roadways. Nothing in this local law shall be construed to prohibit an aggrieved party from recovering damages for bodily injury or wrongful death due to a failure to follow sound agricultural practices, as outlined in this section. Section 4. Notification of Real Estate Buyers In order to promote harmony between farmers and their neighbors, the County requires landholders and/or their agents and assigns to comply with Section 310 of Article 25-AA of the State Agriculture and Markets Law and provide notice to prospective purchasers and occupants as follows: "It is the policy of this state and this community to conserve, protect and encourage the development and improvement of agricultural land for the production of food, and other products, and also for its natural and ecological value. This disclosure notice is to inform prospective residents that the property they are about to acquire may lay partially or wholly within an agricultural district and that farming activities occur within the district. Such farming activities may include, but not be limited to, activities that cause noise, dust and odors.” Such disclosure notice shall be signed by the prospective grantor and grantee prior to the sale, purchase or exchange of such real property. Receipt of such disclosure notice shall be recorded on a property transfer report form prescribed by the state board of real property services as provided for in section three hundred thirty-three of the real property law. Section 5. Resolution of Disputes 5.1 Should any dispute arise regarding any agricultural operation, which cannot be settled by direct negotiation between the parties involved, the parties may by mutual agreement submit the matter to the Schuyler County Agricultural and Farmland Protection Board as a request for mediation, to attempt a resolution of the matter prior to, or alternatively to the filing of any court action. 5.2 The Chairperson of the Agriculture and Farmland Protection Board shall, within five working days of receipt of a dispute, notify the Agriculture and Farmland Protection Board of the nature of the dispute. The Agriculture and Farmland Protection Board shall provide adequate time for the exchange of pertinent facts leading to resolution of the dispute, at the next scheduled Agriculture and Farmland Protection Board meeting or special meeting held at the earliest time convenient to the Board and to the parties seeking a resolution of their dispute. 5.3 The effectiveness of the mediation program offered by the Agriculture and Farmland Protection Board is dependent upon direct, full, frank conversations and presentation of all pertinent facts concerning the dispute. The parties are encouraged in the exchange of information concerning the controversy, and each party shall have an opportunity to present what each considers the pertinent facts. The resolution of disputes is dependent upon full discussion and complete presentation of all pertinent facts concerning the dispute in order to eliminate any misunderstandings. Inasmuch as mediation dispenses with formal rules of procedure and rules of evidence, direct participation by the disputants, without the intervention of counsel is strongly encouraged; but the right of any ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 177 party to representation, at his or her option and expense, shall not be impaired. Any party electing to have counsel at the mediation shall notify the Board and the other party at least seven days prior to the mediation. Participation in mediation is a matter in the discretion of each party, and no party shall be compelled to participate in mediation when he or she has elected not to have counsel and the opposite party is represented by counsel. 5.4 To encourage the use of voluntary, local mediation, the parties requesting mediation shall stipulate, in writing, that the statements made in mediation shall be deemed to be in the nature of settlement discussions, and that such statements, and any agreement reached in mediation shall not be used for evidentiary purposes in any other action or proceeding. 5.5 In the event that the Agriculture and Farmland Protection Board is unable to satisfactorily assist all parties in a reasonable period of time, the Agriculture and Farmland Protection Board may meet in a regular or special meeting within twenty (20) days to provide an advisory opinion regarding the dispute under discussion. Section 6. Severability Clause If any part of this local law is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this County Law. The County hereby declares that it would have passed this local law and each section and subsection thereof, irrespective of the fact that anyone or more of these sections, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid. Section 7. Precedence This Law and its provisions are in addition to all other applicable laws, rules and regulations. Section 8. Effective Date This Law shall be effective immediately upon filing with the New York Secretary of State. VOTE: Passed 8-0. RESOLUTION NO. 468 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE FILLING OF REGISTERED PROFESSIONAL NURSE POSITION - PUBLC HEALTH WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, Schuyler County Public Health has one full-time Registered Professional Nurse position vacant, and WHEREAS, the Public Health Department can fill this position, effective January 10, 2005. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Public Health to fill the full time Registered Professional Nurse position, Grade XXIII, $16.79 per hour, effective January 10, 2005 in the Public Health Department, funding being available in the 2005 budget. VOTE: Passed 8-0. RESOLUTION NO. 469 Motion by Bingell, Second by Yuhasz. RE: AMEND 2004 BUDGET FOR BOND PAYMENTS – COMMUNITY SERVICES WHEREAS, the total of the interest and principal payments related to the bond financing of the Mill Creek Center exceeded the estimated figure in the 2004 budget by $2,669.00 and WHEREAS, there is additional rental revenue available to cover this expense. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2004 Mental Health budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$2,669.00 4322.327 Community Services Board +$2,669.00 4322-2410 Rental of Buildings VOTE: Passed 8-0. RESOLUTION NO. 470 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH AFFILIATED CONSULTANTS, PC FOR CONSULTANT SERVICES AND MENTAL HEALTH WORKERS FOR 2005 – COMMUNITY SERVICES WHEREAS, the Community Services Department currently contracts with Affiliated Consultants, PC for consultant services and mental health workers, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 178 WHEREAS, continuation of these services would be beneficial to the operation of the mental health clinic. NOW, THEREFORE,BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Affiliated Consultants, PC for the provision of consultant services and mental health workers at an amount not to exceed $182,000, such amount provided for in the proposed 2005 Mental Health budget, account no. 4310.435; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 471 Motion by Larison, Second by Bleiler. RE: AUTHORIZE CONTRACT RENEWAL WITH THE COUNCIL ON ALCOHOLISM AND ADDICTIONS OF THE FINGER LAKES, INC. FOR 2005 – COMMUNITY SERVICES WHEREAS, the Community Services Department currently contracts with the Council on Alcoholism and Addictions of the Finger Lakes, Inc. (formerly known as the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc.) for community and school-based prevention services, and WHEREAS, continuation of these services would be beneficial to the delivery of mental health services to the residents of Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the Council on Alcoholism and Addictions of the Finger Lakes, Inc. for the provision of community and school-based prevention services, at an amount not to exceed $154,122, such amount provided for in the proposed 2005 Mental Health budget, account no. 4322.550; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 472 Motion by Larison, Second by Bleiler. RE: AUTHORIZE CONTRACT RENEWAL WITH FINGER LAKES ADDICTIONS COUNSELING AND REFERRAL AGENCY (FLACRA) FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES FOR 2005 – COMMUNITY SERVICES WHEREAS, the Community Services Department currently contracts with the Finger Lakes Addictions Counseling and Referral Agency (FLACRA) for substance abuse and alcohol treatment services, prevention services, counseling, and education, and WHEREAS, continuation of these services would be beneficial to the delivery of mental health services to the residents of Schuyler County, and WHEREAS, the amount of the State Aid available for these services for 2005 has been reduced, and as such the contract amount for 2005 has likewise been reduced. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the Finger Lakes Addictions Counseling and Referral Agency for the provision of alcohol and substance abuse services at an amount not to exceed $103,389, such amount provided for in the proposed 2005 Mental Health budget, account no. 4322.336; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 473 Motion by Larison, Second by Bleiler. RE: RENEW AGREEMENT WITH MENTAL HEALTH ASSOCIATION FOR 2005 – COMMUNITY SERVICES WHEREAS, the Schuyler County Community Services Board currently has an agreement with the Schuyler County Mental Health Association to provide prevention, education, and advocacy activities associated with mental health, and WHEREAS, provision of these activities is beneficial to the community. NOW, THEREFORE, BE IT RESOLVED, that the Chair of the Legislature be hereby authorized to renew the agreement with the Schuyler County Mental Health Association for the provision of prevention, education, and advocacy activities for 2005, at an amount not to exceed $2,000, such amount provided for in the proposed 2005 Mental Health budget, account no. 4310.435, subject to approval by the Schuyler County Attorney. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 179 VOTE: Passed 8-0. RESOLUTION NO. 474 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CONTRACT WITH KEVIN DENNY, MD FOR PART-TIME CHILD SERVICES FOR 2005 – COMMUNITY SERVICES WHEREAS, the Community Services Department currently contracts with Kevin Denny, MD for specialized services specifically for children, and WHEREAS, provision of these services is beneficial to the operation of the mental health clinic in serving the needs of children in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Kevin Denny, MD for the provision of part-time child services for 2005, at the hourly rate of $125, not to exceed $62,500 annually, such amount provided for in the proposed 2005 Mental Health budget, account no. 4310.435, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 475 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWALS FOR 2005 WITH PROBATION, PUBLIC HEALTH, MENTAL HEALTH AND SOCIAL SERVICES FOR THE FAMILIES FIRST PROGRAM – YOUTH BUREAU WHEREAS, the Youth Bureau is the coordinating department of the Families First program, and WHEREAS, each of the following departments (Social Services, Mental Health, Public Health and Probation) have money in their respective budgets to support the Families First program for the year 2005. 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 2005, subject to the approval of the Schuyler County Attorney: Department of Social Services Mental Health Public Health Probation VOTE: Passed 8-0. RESOLUTION NO. 476 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL FOR 2005 WITH CORNELL COOPERATIVE EXTENSION FOR FOOD STAMP NUTRITION PROGRAM – SOCIAL SERVICES WHEREAS, the New York State Office of Temporary and Disability Assistance by letter dated October 15, 2004 notified the Department of Social Services of the approval of Cornell Cooperative Extension’s Food Stamp Nutrition Plan (FSNEP) program in the amount of $166,192 for the period October 1, 2004 through September 30, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Cornell Cooperative Extension for the New York State’s Food Stamp Nutrition Education Plan for the period October 1, 2004 through September 30, 2005, funding available in the Department of Social Services account no. 6010.566; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 477 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS TO SAFETY NET AND AMEND 2004 BUDGET – SOCIAL SERVICES WHEREAS, the Department of Social Services needs to transfer funds into its Safety Net account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following transfers within the Department of Social Services 2004 Budget: Appropriations: - $25,000 6119.400 Child Care (Foster Care) + $25,000 6140.400 Safety Net ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 180 Revenue: - $12,500 6119-3619 State Aid – Child Care + $12,500 6140-3640 State Aid – Safety Net VOTE: Passed 8-0. RESOLUTION NO. 478 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CONTRACT WITH THE FOOD BANK OF THE SOUTHERN TIER FOR THE VENISON DONATION PROGRAM - SOCIAL SERVICES WHEREAS, there is a need in Schuyler County for the provision of food to eligible needy populations, and WHEREAS, Schuyler County has a significant deer population and harvest, and WHEREAS, the Department of Social Services has explored and agreed upon the need for a program to collect donated venison, process the meat, and distribute it to the needy, and WHEREAS, the Food Bank of the Southern Tier is willing and properly incorporated to coordinate and deliver the services required through its contract agencies and will be the contractor, and WHEREAS, funds to pay for this service are 100% reimbursed by the federal and state governments under the Department’s TANF Services Plan and are included in the Department’s 2005 budget, account no. 6010.552. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a contract with the Food Bank of the Southern Tier for an amount not to exceed $2,000 for the Food Bank to coordinate and operate the Venison Donation Program for Schuyler County, subject to availability of funds and approval by New York State and the County Attorney, and BE IT FURTHER RESOLVED, that the term of the contract be from November 1, 2004 through March 31, 2005. VOTE: Passed 8-0. RESOLUTION NO. 479 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE INCREASE IN THE HOURS OF THE YOUTH PROGRAM COORDINATOR – YOUTH BUREAU WHEREAS, the Youth Program Coordinator in the Youth Bureau currently works 17 hours per week, and WHEREAS, there is a tremendous need for an increase in these hours to provide support for the Department of Social Services Preventive Services, and WHEREAS, the Youth Bureau will be contracting with the Department of Social Services to provide preventive services for at least six months in 2005, and WHEREAS, TANF funds will be paying the salary and increase in benefits for this position. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the increase in hours to 35 hours per week for the Youth Program Coordinator position effective January 1, 2005 through June 30, 2005. VOTE: Passed 8-0. RESOLUTION NO. 480 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AGREEMENT WITH YOUTH BUREAU FOR NON-MANDATED PREVENTIVE SERVICES – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services has been advised that TANF funds are available for non-mandated preventive services, and WHEREAS, Social Services wishes to enter into an agreement with the Schuyler County Youth Bureau for preventive services from the Youth Program Coordinator position for a total of 18 hours per week for the period January 1, 2005 through June 30, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract between the Department of Social Services and the Schuyler County Youth Bureau for preventive services for the term January 1, 2005 through June 30, 2005 in an amount not to exceed $10,400.00, funding available in 2005 budget account number 6010.552, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 181 WITHDRAWN RE: ACCEPT RECOMMENDATIONS FOR THE RECLASSIFICATION/REALLOCATION STUDY - WITHDRAWN WHEREAS, the Personnel Officer has presented the recommendations for the reclassification/reallocation study to the Management and Finance Committee, and WHEREAS, the Management and Finance Committee, with assistance from the Pay Equity Subcommittee members, wish to accept and implement said recommendations, and WHEREAS, per the CSEA Administrative Unit Contract, said study is to be implemented by January 1, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts and implements the recommended reclassifications and reallocations of positions in the CSEA Administrative Unit Contract as attached hereto and on file in the Civil Service Office, to become effective January 1, 2005, and BE IT FURTHER RESOLVED, that the Treasurer be hereby authorized to transfer funds from account no. 9060.807 to the necessary departmental Personal Services accounts. RESOLUTION NO. 481 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS FOR SUPPLIES - HISTORIAN WHEREAS, the 2004 Historian contractual account is over budget, and WHEREAS, there are not sufficient funds in the 2004 budget for current office supply expenses. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Treasurer be hereby authorized to transfer $100.00 from Contingency account no. 1990.500 into account no. 7510.400-Contractual. VOTE: Passed 8-0. RESOLUTION NO. 482 Motion by Bingell, Second by Bleiler. 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, 2004 through September 30, 2004, pursuant to Section 261 of the New York State Tax Law, and the same has been apportioned to the various municipalities thereto. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to pay the respective towns and villages of Schuyler County those amounts listed on Exhibit attached hereto. VOTE: Passed 8-0. RESOLUTION NO. 483 Motion by Larison, Second by Bingell. RE: SET DATE - 2004 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the final meeting of the year 2004 for the Schuyler County Legislature be held on Tuesday, December 28, 2004, in the Legislative Chambers at 3:00 P.M. and that appropriate legal notice be published in the official newspaper of the County. VOTE: Passed 8-0. RESOLUTION NO. 484 Motion by Larison, Second by Bingell. RE: SET DATE - 2005 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the 2005 Organizational Meeting of the Schuyler County Legislature shall be held on Monday, January 3, 2005 in the Legislative Chambers at 9:30 A.M. and that appropriate legal notice be published in the official newspaper of the County. VOTE: Passed 8-0. RESOLUTION NO. 485 Motion by Larison, Second by Bingell. RE: ADOPT REVISED EQUAL EMPLOYMENT OPPORTUNITY STATEMENT FOR SCHUYLER COUNTY WHEREAS, the County’s Equal Employment Opportunity Statement is outdated and needs revision. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County hereby revises their Equal Opportunity Statement for distribution to all county employees, as follows: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 182 Schuyler County provides treatment for all employees and applicants for employment without unlawful discrimination as to race, creed, color, religion, gender, sex, sexual orientation, gender identity and or expression thereof, national origin, citizenship status, age, disability, marital status, and military status in accordance with applicable federal, state and local laws governing nondiscrimination in employment in every location in which Schuyler County has facilities. In addition, Schuyler County complies with applicable state and local laws governing non-discrimination in employment in every location in which Schuyler County has facilities. This policy applies to all terms and conditions of employment, including, but not limited to, recruitment, hiring, placement, promotion, upgrading, termination, demotion, downgrading, layoff, recall, transfer, leaves of absence, compensation, apprenticeship, training, and all other terms and conditions of employment. Schuyler County will endeavor to provide all employees with a work environment free from discriminatory intimidation, including verbal or physical conduct by any employee or non-employee, which unreasonably disrupts or interferes with another employees work performance. Schuyler County expressly prohibits any form of unlawful employee harassment based on race, creed, color, religion, gender, sex, sexual orientation, gender identity and or expression thereof, national origin, citizenship status, age, disability, marital status, and military status. Improper interference with the ability of Schuyler County employees to perform their expected job duties is absolutely not tolerated. VOTE: Passed 8-0. RESOLUTION NO. 486 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT WITH JOANNE CONLEY FOR REVIEW OF SECTION II IN THE MANAGEMENT/CONFIDENTIAL SALARY PLAN WHEREAS, it is the recommendation of the Human Resources Department that the county hire an outside consultant to review the factor rating system of the Management/Confidential Salary Plan. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 183 EXHIBIT MORTGAGE TAX DISTRIBUTION AMONG TOWNS AND VILLAGES APRIL 1, 2004 THROUGH SEPTEMBER 30, 2004 In Assessed Out Assessed Total Value Total Dbid. Vill. Share Town Share Distribution Percentage Catharine 12,261,476 37,201,692 49,463,168 98,926,336 1,349.79 9,540.43 10,890.22 12.3946 Cayuta 19,777,294 19,777,294 39,554,588 1,659.10 1,659.10 0.0000 Dix WG 66,254,261 72,139,753 141,346,988 282,693,976 6,085.78 19,609.81 25,966.84 23.4367 Dix MF 2,952,974 271.25 1.0446 Hector 7,730,787 183,896,325 191,627,112 383,254,224 702.67 34,132.46 34,835.13 2.0171 Montour-OD 2,626,717 26,614,403 63,842,442 127,684,884 323.40 11,136.90 15,720.36 2.0572 Montour-MF 34,601,322 4,260.06 27.0990 Orange 50,644,157 50,644,157 101,288,314 7,186.44 7,186.44 0.0000 Reading 11,093,823 96,610,632 107,704,455 215,408,910 755.80 13,919.51 14,675.31 5.1501 Tyrone 82,276,533 82,276,533 164,553,066 12,655.75 12,655.75 0.0000 TOTALS 137,521,360 569,160,789 706,682,149 1,413,364,298 13,748.75 109,840.40 123,589.15 73.1993 APPROVED BY COMMITTEE: Daryl L. Slusser, Chairman Delmar F. Bleiler Sharon S. Bingell ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 184 Dennis A. Fagan ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 185 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Joanne Conley for consultant services as referenced above at a cost of $4,200, funding available in the 2004 Human Resources budget account no. 1430.435, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 487 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS FOR FUEL ACCOUNT – HIGHWAY DEPARTMENT WHEREAS, there were unanticipated fuel increases in the Highway Department, and WHEREAS, there is excess money in the Pipe account no. 5110.517 and the Contractual Snow account no. 5142.400 to cover said overages. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $3,500 from account no. 5110.517-Pipe and $6,900 from 5142.400-Snow to account no. 5130.526-Fuel. VOTE: Passed 8-0. RESOLUTION NO. 488 Motion by Bingell, Second by Larison. RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO CHARGED ON THE JANUARY, 2005, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE WHEREAS, the Town of Hector is desirous of having those delinquent in payment of water bills be charged on the 2005 Town and County tax bill, per Town resolution No. 117-03, 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, 2004, Town and County tax bills as a separate item for the amount of the arrears, provided by Town Law, Article 12, Paragraph 198. VOTE: Passed 8-0. RESOLUTION NO. 489 Motion by Larison, Second by Bingell. RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2005, 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 2005 Town and County tax bills as shown in the Town of Reading Resolution No. 70. NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of Reading, as shown on the Resolution of the Town of Reading (on file), be added to the January, 2005, Town and County tax bill as a separate item for the arrears, as provided by Town Law Section 198, subsection 1 VOTE: Passed 8-0. RESOLUTION NO. 490 Motion by Larison, Second by Bingell. RE: RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2005 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE WHEREAS, the State Board of Real Property Services has established the County tax levy pursuant to Title 2 of Article 8 of the Real Property Tax Law, and a certificate of these rates has been received. NOW THEREFORE, BE IT RESOLVED, that the equalization rates for the 2005 Assessment Roll be adopted and the 2004 County equalization rates for the general levy and apportionment from the State Board of Real Property Services be entered in the minutes as follows: TOWN OF CATHARINE 90.00 TOWN OF MONTOUR 90.00 TOWN OF CAYUTA 93.00 TOWN OF ORANGE 96.00 TOWN OF DIX 91.00 TOWN OF READING 91.00 TOWN OF HECTOR 85.00 TOWN OF TYRONE 92.00 VOTE: Passed 8-0. RESOLUTION NO. 491 Motion by Larison, Second by Bingell. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 186 RE: AUTHORIZE CONTRACT WITH MOTOROLA FOR CONSOLE SERVICE AGREEMENT – EMERGENCY MANAGEMENT WHEREAS, the Motorola service agreement renewal for Emergency Management has a increase of $1,526.98 for 2005, and WHEREAS, the term of the contract has also been extended to 13 months in order to have the contract run to the end of 2005. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Motorola for the Emergency Management Department for 911 Console Maintenance for the term December 1, 2004 through December 31, 2005, in the amount of $15,063.10, funding available in the 2004 Emergency Management budget account no. 3689.435-Professional Fees and Services; contract subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 492 Motion by Larison, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR E-911 FUNDS – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Legislature by Resolution No. 426 of 2003 designated the Schuyler County 911 Center as the local public safety answering point to receive all wireless 911 calls from wireless telephone service suppliers that own, operate or control wireless telecommunications facilities in Schuyler County, and WHEREAS, the Schuyler County 911 Center desires to submit an application for Expedited Deployment Funding to the New York State 911 Board. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County 911 Center is designated as the public safety answering point to receive all wireless 911 calls from wireless telephone service suppliers that own, operate or control wireless telephone communications facilities located in the County of Schuyler, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature finds that the Schuyler County 911 Center will be in full compliance with the standards of the New York State 911 Board in 21 Parts 5200, 5201, 5202, 5203, 5204 and 5250 following the acquisition of the items for which Expedited Deployment Funding is requested, and BE IT FURTHER RESOLVED, that the County supports the request for Expedited Deployment Funding in the amount of $163,000 as available through the New York State 911 Board. VOTE: Passed 8-0. RESOLUTION NO. 493 Motion by Larison, Second by Bingell. RE: AUTHORIZE CERTIFICATION OF COST ALLOCATION PLAN BE IT RESOLVED, that the Schuyler County Legislature hereby accept the 2003 Cost Allocation Plan prepared by DMG Maximus for Schuyler County Department of Social Services’ claiming of county-wide administrative costs and maintenance in lieu of rent in 2005, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to certify the plan to the NYS Office of Temporary and Disability Assistance. VOTE: Passed 8-0. RESOLUTION NO. 494 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS – TRANSPORTATION BUDGET WHEREAS, the Transportation account is over expended as of the November billing. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $19,407 from Contingency account no. 1990.500 into account no. 5630.400–Public Transportation. VOTE: Passed 8-0. RESOLUTION NO. 495 Motion by Larison, Second by Bingell. RE: LOCAL LAW INTRO NO. 4 OF THE YEAR 2004/LOCAL LAW NO. OF THE YEAR 2005 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2005 WHEREAS, a proposed Local Law Setting Salaries for Certain Public Officers for the Year 2005 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held December 13, 2004 at 7:30 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 187 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 2004/Local Law No. of the Year 2005, 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 2004/Local Law No. of the Year 2005, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 4 OF THE YEAR 2004/LOCAL LAW NO. OF THE YEAR 2005 A Local Law Setting Salaries for Certain Public Officers for the Year 2005. 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, 2005. 3. The following public officers are subject to the provisions hereof: Personnel Officer $38,059 Commissioner of Social Services $58,558 County Attorney $48,885 County Highway Superintendent $52,338 Assistant County Attorney $65,160 Undersheriff $47,328 Assistant County Attorney $58,236 Clerk of the Legislature $59,556 Conf. Sec’y. to County Attorney $37,092 Deputy Clerk of the Legislature $35,435 Deputy County Clerk $31,381 Deputy County Treasurer $29,462 Chief Assistant District Attorney $60,287 Purchasing Agent $33,006 Assistant District Attorney $21,177 Real Property Tax Director $47,974 Conf. Sec’y. to District Attorney $32,345 Public Defender $72,100 Assistant Public Defender $36,050 3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24. VOTE: Passed 8-0. RESOLUTION NO. 496 Motion by Fagan, Second by Larison. RE: DECLARE A NEGATIVE SEQR AND ADOPT THE SCHUYLER COUNTY COMPREHENSIVE PLAN WHEREAS, in 1998 the Schuler County Legislature charged the Schuyler County Planning Commission with the task of creating a county comprehensive plan (the Plan) in accordance with New York State General Municipal Law 239 section d, and WHEREAS, in August of 2004 the Schuyler County Planning Commission accepted the Final Generic Environmental Impact Statement and declared a finding of no significant negative environmental impact from adoption of the Plan and then submitted the completed plan to the Legislature, and WHEREAS, in accordance with New York State General Municipal Law, a public hearing on the Comprehensive Plan was held on November 8, 2004. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the Schuyler County Comprehensive Plan 2004, and seeks to form an implementation committee to recommend feasible actions to bring implement recommendations made in the Plan. VOTE: Passed 8-0. RESOLUTION NO. 497 Motion by Fagan, Second by Bleiler. RE: AUTHORIZATION TO CREATE AND FILL THE POSITION OF MOBILE WORK CREW SUPERVISOR IN THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, the average Temporary Assistance caseload has increased from 112 cases per month in 2001, the last year the Department had a Mobile Work Crew, to an average of 173 cases per month for the first nine months of 2004, a 54% increase, and WHEREAS, the Mobile Work Crew (MWC) is a critical component of the Social Services Department’s Work Experience Program, which assists temporary assistance recipients in becoming self- sufficient, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 188 WHEREAS, the position of Mobile Work Crew Supervisor has been vacant since September 2001, and therefore must be re-created, and WHEREAS, the position of Mobile Work Crew Supervisor has been downgraded from Grade XXII to Grade XVI due to the removal of the requirement for two years of college with specialization in building construction trades, and WHEREAS, this position is approximately 75% reimbursed by the federal and state governments, and WHEREAS, funding for this position has been included in the Department’s 2005 budget, account no. 6010.100-Personal Services. NOW, THEREFORE, BE IT RESOLVED, that the position of Mobile Work Crew Supervisor be created and filled effective January 1, 2005 at Grade XVI at an hourly rate of $12.23 for a 40 hour workweek. VOTE: Passed 8-0. RESOLUTION NO. 498 Motion by Fagan, Second by Bleiler. RE: AUTHORIZE FILLING A VACANT SOCIAL WELFARE EXAMINER POSITION IN SOCIAL SERVICES WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, a Social Welfare Examiner position in the Temporary Assistance unit has been vacant since April 2003, and WHEREAS, the average number of temporary assistance cases has increased 54% between 2001 and 2004 and food stamp cases have increased 53%, and WHEREAS, this position is vital for the continued effective operation of the unit, and WHEREAS, this position is approximately 59% reimbursed by the federal and state governments, and WHEREAS, funding for this position has been included in the Social Services Department’s 2005 budget, account no. 6010.100-Personal Services. NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to fill the vacant Social Welfare Examiner position in the Temporary Assistance unit effective January 1, 2005 at Grade XV at an hourly rate of $13.58. VOTE: Passed 8-0. RESOLUTION NO. 499 Motion by Bingell, Second by Larison. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY – DEPUTY HIGHWAY SUPERINTENDENT WHEREAS, Resolution No. 377-04 authorized the Highway Superintendent to advertise and fill the upcoming Deputy County Highway Superintendent position, and WHEREAS, funds are appropriated in the 2005 budget for said position. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledges the appointment by Greg Mathews, Highway Superintendent, of Rodney Jaynes as Deputy Highway Superintendent, at a salary of $41,000 in Grade Level F of the Management/Confidential Salary Plan, effective December 27, 2004 through December 31, 2005. VOTE: Passed 8-0. RESOLUTION NO. 500A Motion by Fagan, Second by Karius. RE: MOTION TO AMEND RESOLUTION NO. 500 – FAILED BE IT RESOLVED, that Resolution No. 500 be amended to reduce the amount to $2,500. DISCUSSION: Legislator Fagan stated that this amount exceeds the budget figure just passed. He feels it should be lowered to $2,500. The Deputy Clerk of the Legislature pointed out that some of the cost is coming from a grant line item, not all of the cost will be coming from the budgeted conference line item. Legislator Bleiler said this is an approximate cost. The District Attorney probably does not have a choice as to where this conference is held. He feels lowering it is micromanaging. Legislator Fagan feels the need to send a message to Department Heads to pay attention to their budgets. Legislator Bingell explained that this is a five-day conference to provide the District Attorney with points for course credits and feels it is a bargain. VOTE: Failed 1-7. Noes: Yuhasz, Slusser, Karius, Bleiler, Larison, Bingell, Gifford. RESOLUTION NO. 500 Motion by Bingell, Second by Larison. RE: AUTHORIZE DISTRICT ATTORNEY TO TRAVEL OUTSIDE OF NEW YORK STATE FOR ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 189 TRAINING SEMINAR – DISTRICT ATTORNEY’S OFFICE WHEREAS, the National College of District Attorneys routinely trains District Attorneys throughout the nation on various aspects of criminal law and is offering a training seminary on drug prosecution in Las Vegas, Nevada from April 10, 2005 through April 14, 2005, and WHEREAS, the Schuyler County District Attorney believes it would be beneficial to his office and to the residents of Schuyler County for him to attend this training seminar given the significant drug problem in this County, and WHEREAS, the District Attorney’s Office has funds available in account no. 1165.409-Conference Expense and account no. 1165.538-1165-Asset Forfeiture Account to pay for travel and expenses related to this seminar in the amount of approximately $2,600.00. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County District Attorney to travel outside of New York State to attend a training seminar on “Prosecuting Drug Cases” to be held in Las Vegas, Nevada on April 10-14, 2005. VOTE: Passed 7-1. No: Fagan. RESOLUTION NO. 501 Motion by Bingell, Second by Larison. RE: UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2004-2005 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, 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 2004-05, as they appear on said certified list be, and the same hereby are, approved as of December 13, 2004, and the Real property named in said certification any items of unpaid taxes therein set forth. VOTE: Passed 8-0. RESOLUTION NO. 502 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CONTRACT AMENDMENT WITH HUNT ENGINEERS FOR A RISK ANALYSIS STUDY FOR SCHUYLER COUNTY CONSOLIDATED MUNICIPAL OFFICES – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 438-04 authorized an agreement with Susan Payne Consulting and Hunt Engineers, Architects and Surveyors for a risk analysis study for five scenarios, and WHEREAS, the Legislature would like to add another scenario to the study to look at a third site. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract amendment at an additional cost of $1,500 with Hunt Engineers, Architects, and Surveyors to evaluate a third site to meet the County’s office space needs; subject to the approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer $1,500 from Contingency account no. 1990.500 to account no. 1620.435-Professional Fees and Services. VOTE: Passed 6-2. Noes: Karius, Larison. RESOLUTION NO. 503 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE MEMORANDUM OF AGREEMENTS WITH THE CSEA ADMINISTRATIVE UNIT AND HIGHWAY UNIT RELATIVE TO THE FLEXIBLE SPENDING PLAN WHEREAS, the County and the CSEA Administrative and Highway Units are parties to collective bargaining agreements, and WHEREAS, the Flexible Spending Plan language in the current contract for each union states that for non-covered health expenses, there shall be contribution limits from $500 to $2,000, and WHEREAS, the County and both Unions agree that the language should set no limits and have agreed to waive the limits for the two current contracts until successor contracts are negotiated, and WHEREAS, the County and both Unions now wish to document the terms of their agreements. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 190 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a Memorandum of Agreement with the Administrative Unit CSEA and the Highway Unit CSEA to allow for a waiver in the 2003-2006 Administrative Unit Contract and the 2002-2005 Highway Unit Contract to read as follows: HEALTH INSURANCE 4. The Employer as instituted Bestflex Flexible Spending Program, which will be in effect during the life of this Agreement, which includes provisions for health premium conversion, non-covered health expenses and dependent care expenses coverage. Once established, participation in the premium conversion portion of the program shall be automatic unless and employee chooses not to participate. All elections to decline coverage for the premium conversion shall also be file din writing with the County Human Resources Department. Participation in the dependent care and non-covered health expense portion of the program shall be voluntary. VOTE: Passed 8-0. RESOLUTION NO. 504 Motion by Larison, Second by Bingell. RE: MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two Resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 505 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS – PUBLIC DEFENDER WHEREAS, line item no. 1170.563-Assigned Counsel/Family Court in the Public Defender’s 2004 budget is over-expended as of the November billing. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $1,600 from Contingency account no. 1990.500 to account no. 1170.563-Assigned Counsel/Family Court. VOTE: Passed 8-0. RESOLUTION NO. 506 Motion by Larison, Second by Bingell. RE: LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2004 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 4% WHEREAS, the Legislature requested the New York State Legislature to enact Legislation allowing Schuyler County to increase its Room Tax to and WHEREAS, the State Legislature has granted that request by passing Senate Bill S.3413 and Assembly Bill A. 7348, which Bills were signed into law, and WHEREAS, in order to increase the room tax, Local Law No. 2 of the Year 1988 needs to be amended. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5/Local Law No. of the Year 2004 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 28, 2004 at 3:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2004 Local Law No. 2 of the year 1988 is hereby amended as follows: 2. IMPOSITION OF TAX On and after the first day of March 1, 2005 there is hereby imposed and shall be paid a tax of four upon the rent for every occupancy of a room or rooms in a hotel, motel, bed and breakfast or tourist facility having one or more rooms in this County except that the tax shall not be imposed upon permanent resident, or exempt organizations as hereinafter set forth. All provisions of Local Law No. 2 of the year 1988 not amended hereby shall remain in full force and effect. This Local Law shall take effect upon filing in the office of the Secretary of State as provided by the Municipal Home Rule Law. DISCUSSION: Legislator Karius said she is not ready to vote yes at this time. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 191 VOTE: 7-1. No: Karius. NEW BUSINESS: All Republican Legislators were in favor of re-appointing Joseph Fazzary as the Republican Board of Elections Commissioner for the term January 1, 2005 through December 31, 2006. All Democratic Legislators were in favor of re-appointing John Vona as the Democratic Board of Elections Commissioner for the term January 1, 2005 through December 31, 2006. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITEES: Legislator Bleiler reported on the Sesquicentennial Celebration. The financial statements show that they may have stayed well within their budget. At the Montour Falls festival in June they joined forces, helped advertise and had a bigger parade. He reported their activities and what they were able to donate for the Italian American Festival. Legislator Bingell reported that there are still t-shirts and hats on sale at the Historical Society. Legislator Bingell reported on the Public Works Committee. There have been some concerns about traffic accidents on County Route 23. They are working on making that hill safer. Legislator Larison said he talked to the Highway Superintendent and he feels it is safe and that they should observe speeders. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:25 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk YEAR END MEETING DECEMBER 28, 2004 The December 28, 2004 Year End Meeting of the Schuyler County Legislature was called to order at 3:00 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan and followed by a Moment of Silence. All Legislators were present except Legislator Slusser who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. 3:00 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 5 OF THE YEAR 2004 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO Judy Lampman from the Seneca Clipper Inn presented the Legislature with petitions that had approximately 360 signatures. She encouraged the Legislators to look at the names, they are taxpayers, friends and business owners. They only had about 10 days to gather these signatures. When asking people to sign, they tried to explain why they do not want an increase in the room tax. She then noted that they have formed a Schuyler County Lodging Association, which they have paid for themselves, without any help from the County. She explained that the Association is a grassroots organization, which has their own website and they thoroughly promote tourism in Schuyler County. Their website is www.watkinsglenlodging.com. They have received half a million hits on their site since July. She then read a statement on behalf of the owners of The Magnolia Place who could not attend the hearing. The Association feels the Chamber is an important tool to attract business. She feels that last month the Legislature proved they have no interest in that by cutting their budget. She feels the Legislature has blackmailed the Chamber and the lodging businesses, the smallest industries in the county, to effect room tax. John Smallwood presented a petition that had 50 signatures of people that came into his shop. He noted that Yates County does not have any room tax at all. He feels increasing the room tax is foolish and is punishment to the tourists. Paul Marcellus said he has been in business for eight years and is one of the smallest establishments in the county. The lodging facilities are family operations. He referred to Timespell, which was created to get people to stay overnight in our county, and has since gone out of business. When tourists stay somewhere else ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 192 and just visit our attractions, they spend most of their money elsewhere. He feels his repeat customers will take notice. If there is an extra charge, he would like to collect it himself and pay taxes or promote his own business. He only has five months worth of business during the year. He hopes the Legislature votes against this increase in the room tax. Megan Marcellus, Paul’s daughter, said she has seen a reduction in the number of tourists. She attributed this to the lack of what the county has to offer and gas prices. She feels the increase in room tax will be just another strike against the county. Laura Mantius owns a storefront shop, Seneca Studios. She depends on people walking by her store that have stayed in town overnight to keep her in business. Her and her husband fled Long Island because of taxes. Coralee Burch from the Professors Inn said she is part of the wine and lodging associations. Being a Bed and Breakfast, she is one of the smaller lodging entities and depends on it to support the winery. They have barely survived and are just now beginning to thrive. People love the rural aspect of this community. She feels this increase will cause people to feel they are being taken advantage of. They expect the prices to be lower in a rural setting. Her main support comes from the Seneca Lake Wine Trail that covers a three county area and the county brochure that is not from the Chamber of Commerce. This 2% (95% of which will go to the Chamber of Commerce for advertising) will not give her anything she is not already paying for herself. Jim Franzese from the Longhouse Lodge Motel and Bed & Breakfast asked that the Legislature take a look at surrounding counties. Businesses are closing all around and it is too late once they close. There are Bed & Breakfasts that barely make it. This will put them out of business. He asked if the Legislature if they want to start losing businesses and why they want to create a competitive imbalance with Yates County that has no room tax. He asked that they show support now and not tax them anymore. Liz Benidaro from the Chalet Leon said people count on them to let them know where to eat, where to shop, etc. When they have to tell their customers that there will be 2% more tax, it turns them away. If the lodging businesses lose customers, so will the other businesses. Jeremy Alderson said he would not be affected by this increase because he only has one unit, however he does not want to see these businesses hurt. He questioned the increased sales tax from Walmart, and why that is not helping the county enough. George Eisman said it is obvious to him that the Legislature cut funding to the Chamber and is doing this to make up for it. The Chamber is private and some members are out of the county. If the Chamber is lacking financial resources, he feels it should be made up from their out of county members. Last time the Legislature considered the room tax, he studied the Chamber brochure and most businesses listed were from out of the county. The Chamber is using the room tax to advertise out of county businesses. Gloria Brubaker said considering the fact they only had 10 days to get petitions and support, she feels this is a good showing. They voted legislators in to listen and hear what the people have to say. With more time, they would have brought in more support. Angie Franzese from the Villager Motel and Glen Manor explained that they asked themselves why they were not filling rooms and formed the Lodging Association. For a long time she would ask where people got their number from and it was the Chamber who referred them, but they would call Holiday Inn and others before they called us. Chamber members out of the county are being advertised first and we were losing room tax. They are now working together. They also paid the Chamber $300 to have the Lodging Association represented in the brochure. They are not opposed to the Chamber, but the lodging businesses also need to survive. She feels the Chamber can survive a funding cut. If lodging businesses close, room tax will only be lost. She asked that the Legislature, who was put in office by the people, help them. Terry Lampman from the Seneca Clipper Inn said they are all 100% in support of tourism and job creation and 100% of anything positive and good in this county. He asked the Legislature to look at alternatives to create funds instead of this increase. Greg Baylor from the Chiefton Motel asked why the Legislature cut $30,000 from the Chamber to raise approximately $70,000, why why not It was never explained why to him. Chairman Gifford explained that original approval from the State was to allow us to increase it up to 4% and the Legislature at that time decided on only 2% in 1988. The Local Law was amended in 1999 to add Bed & Breakfasts of one room or more. Greg said the Lodging Association has no say, the businesses are collecting the tax and the fees go to ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 193 the Chamber to spend as they see fit with no input from the owners collecting the tax. Unless they are a member of the Chamber, they have no say. The funding to the Chamber from general appropriations, the Chamber can spend anyway they see fit. The room tax has to go to tourist promotion only. They created the Association to be a stronger tourism industry. This many people should tell you this tax is not a good thing. We know our business better than yourselves. We feel this increase will have an adverse affect on our business. If they felt it was good, they would encourage your support. He has already lost a major race team with this pending increase. If this passes, he asked that the effective date be put off for a whole year. People that make reservations now will be shocked when this appears on their bill later. Mary Jo Ames from the 1871 Benjamin Inn Bed & Breakfast on Sixth Street said she is having a hard time figuring this out. The Law promotes tourism. The money will replace money not given to the Chamber. This 2% will not benefit her or the Chamber if it is spent the way the law says it should. Victor Franzese from the Glen Motor Inn reported that a number of years ago, the county’s tourism industry was very strong. There was not enough ways to give information to those who wanted to come visit. He was on a committee that involved all county legislators from three counties. He was chosen from that group to announce the creation of the room tax. It was a vehicle to come up with money to get information out so people would visit us here in the Southern Tier. Legislators went around and around. They were afraid that future legislators would view it as an economic tool and increase it. It passed and went through and has been a good vehicle. Now they have email and web sites to get the information out. It is a different ballgame now. These guests are bringing with them their hard earned dollars and have the right to spend it how and where they want. The City of New York thought it was a great idea and added 5% to anyone with five or more rooms. Within a couple of years, they reduced the income of hotels by over $2 million and thousands of jobs disappeared. Damage was done on 9-11 in New York City and they spent an awful lot of time and money to re- establish the businesses. Since 9-11, tourism has been hurt. This year with economic costs, such as weather and gas prices, weekends were good, but in other parts of the State, during the week, room rentals went up. You have to understand people are spending money and are expecting things. They are in competition with others, yes, but to raise this tax would chase consumers away and jobs away. You are also hurting the job market. He feels if the Legislature puts this tax on, it will cost jobs and possibly close a number of businesses. Steven Madison from Ace Hardware said they depend on the lodging industry for their business. If the Legislature does this, his customers will have to spend more for lodging and will spend less at his store. Jim Franzese brought up the credit card fee that comes with charges. It will cost him more to have people use credit cards. Michelle Smith (Herold) said her parents own a hotel and she currently manages the Chiefton Motel. She feels adding this tax will be detrimental to this area and industry. It will chase tourists to Yates County. Yates will use this room tax for their marketing. Other counties that have 4% room tax are year around businesses and it is not such a big hit. Watkins Glen will become a town for day trips only and people will eat and stay elsewhere. She feels it will hurt the community. Schuyler County should market themselves as the hub of the Finger Lakes. Stay here and make day trips around us. Bill Tague, owner of Jerlando’s Restaurant in Watkins Glen, said there is obviously a direct relationship between the lodging industry and his restaurant. He depends on lodgers heavily for his business. In the winter Watkins Glen is like a ghost town. He feels if this goes through, people will not stay in the area. He asked the Legislature to think about our families that come for holidays and other occasions. People who check out the Internet for package deals will stay elsewhere and only come here for a day. He employees 30 people and he can see if the lodging business slows down, his business slowing down and layoffs will happen. He opposes the increase in room tax. Michelle Smith reiterated that point, noting this issue is not just about the tourist season, there are holidays, weddings, funerals that will cost our own families more money. Chris Franzese from the Villager Motel noted that they were here last year when this idea was proposed voicing their concerns and the Legislature agreed it was not a good idea and voted it down. The Chamber has a number of businesses outside of this county that do not have the tax, and they will benefit from this increase. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 The county lodging businesses are the only ones paying for it. A number of times last year the Legislature proposed eliminating taxes on clothing and sales went up. He asked that they leave the taxes alone, and feels the Chamber will survive and the Lodging Association will find a way to help. Charlotte Cloud said she is new to the community and asked how the Legislature came about targeting the tourist industry and not all businesses? Chairman Gifford explained that the State passed a law allowing Schuyler County to charge a room tax. Frank Davis from the Sunset Seneca Bed &Breakfast asked that the Legislators look at their own personal consumption. When you go shopping, do you compare prices? He feels for the consumer to spend another five minutes to save money will not matter to them. If tourists go to another County, they take all of their business with them, shopping, dinner, etc. Dollar for dollar it should pay to stay in Watkins Glen. He recommends local businesses to his customers. He feels if this goes through, it should go to the Lodging Association, not to the Chamber. The Chamber is great, but they received 20% of business from being listed in the Chamber brochure, and 80% of business from being a member of the Lodging Association. Mary Simiele stated her opposition to the room tax. Greg Baylor noted that County has a good fund balance, and asked why they cannot find money elsewhere. He has been told that Schuyler County is one of the best counties in the State financially. Donna Davis from Sunset Bed & Breakfast said it is people coming from out of town taking the hit, not local residents. She asked the Legislature to please not pass this increase. Christine Peacock said she is just a taxpayer. She would like to see them have a voice in local government. Leonard Knapp said he is a concerned citizen. His granddaughter worked in a local restaurant that helped pay for college expenses. He feels if this increase is passed, it will hurt summer jobs. It is not just a figure in the air, it is in the pocket. Paul Marcellus read off a list of businesses that have gone out of business recently. He suspects that some of this is because some much of it is seasonal business. He hopes the Legislature is listening to the message. George Eisman said he feels if the additional tax is given to the Chamber, it cannot be controlled. The Chamber promotes people coming here in general. That is why he is opposed to the tax. Judy Lampman said they need a competitive edge against our surrounding counties. If the Legislature raises this tax, it makes Schuyler County equal with Tompkins, Chemung and Steuben Counties who all have major industries year round. Schuyler does not have that kind of infrastructure. This county is tourist driven and asked why the Legislature would not want to nurture them. John Merrill from Pike Advertising said he does a lot of advertising for the area businesses. He asked if this tax increase does not go through, how the necessary funds are going to be raised to bring tourists into the county and what group should spend them? He knows what is going on in other counties. There is a tremendous need for advertising and it is going to cost a lot of money. Mary Jo Ames said she does not agree that the burden has to fall totally on the lodging businesses. There are many other businesses that benefit from the Lodging Association. Walmart has brought in more than originally thought and the Legislature still cut the Chamber. Coralee Burch said she feels it has been unfair to make them choose between the room tax or cutting the Chamber’s funding. She thinks the County needs to take a look at how everyone is advertising in this County and coordinate it better. She feels they need the Chamber and that it is beneficial. She agrees she should know more about the financial condition of the county, but feels they should sit down together to find solutions that work best for everyone. Other counties create task forces to do this. She feels the Chamber was put in the middle. Chairman Gifford explained that the room tax goes to the County’s Tourist Promotion Agency (TPA) and coincidentally that is the Chamber. Judy Lampman said she would be delighted to work with the Legislature to extrapolate the Lodging Association’s advertising ideas. Their website promotes the most out of Schuyler County. She feels the half million hits on their web page is phenomenal. She would love to work with the Chamber and the County. They have a lot of statistics they can share. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 195 Angie Franzese felt it should be made clear where the monies from this tax go. She has attended many Chamber meetings and whoever shows up gets to vote on those types of issues. She wants to make sure Schuyler County is properly represented. She sat on the search committee for the new Chamber President and found out that other counties do not advertise for businesses out of their county because they charge a room tax. She feels the Legislature should be questioning the Chamber as to how they are spending the money. She commended the County for being in such great fiscal health. Victor Franzese asked that the Legislature listen to the folks in this room. He asked that they put the $30,000 back in for the Chamber, not increase the room tax, and in turn the Lodging Association will help create more vehicles to upgrade facilities, keep jobs and create jobs. Joshua Lampman said while tourists do not know the area, they do know the difference between prices when shopping on the phone and/or webpage. Charlotte Cloud said she refers hundreds of people on the phone to the Lodging Association website. There is collaboration already going on with the lodging industry and she is bothered by the Legislature cutting the Chamber’s funding. Legislator Bleiler asked the County Attorney to comment on the legal aspects of this issue. Attorney Coleman explained that this is a tax that requires State approval. In 1988 it was approved for The substance of the tax changed over the years, it started out with certain exemptions. As the years passed, the exemptions changed and Bed & Breakfasts were added. That brings us up to date. Where the money goes is not a legal question. MOTION by Legislator Karius, SECOND by Legislator Bingell, to call the vote for tonight. Legislator Larison feels it is important to vote tonight. Chairman Gifford said he will vote no because it is scheduled for a vote on Monday, January 3, 2005. Chairman Yuhasz agrees that they need all eight legislators present. Legislator Bleiler said he has tried to listen to everything and would like to look at more information. He still feels the room tax would be good, because they cannot afford to take it out of property tax anymore. If they need a task force, then create one. He would not want to vote today, but if he has to, he will vote yes. He has looked at other counties and it has not hurt them. If there is a better way, he wants the time to explore that further. The Clerk of the Legislature advised that the Legislature must agree to place this issue on the agenda for a vote. Motion failed three ayes to four noes. Noes: Fagan, Bleiler, Yuhasz & Gifford. RESOLUTION NO. 507 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE DECEMBER 9, 2004 PUBLIC HEARING, DECEMBER 9, 2004 SPECIAL MEETING AND DECEMBER 13, 2004 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the December 9, 2004 Public Hearing, December 9, 2004 Special Meeting and December 13, 2004 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 7-0. RESOLUTION NO. 508 Motion by Yuhasz, Second by Karius. RE: AMEND AGREEMENT WITH STAFFCARE OF NEW YORK, INC. (AmeriCare) FOR HOME HEALTH SERVICES – PUBLIC HEALTH WHEREAS, an agreement exists between the Schuyler County Home Health Agency and Staffcare of New York, Inc. (AmeriCare) to provide home health services, and WHEREAS, at the time of the agreement the services provided by Staffcare of New York, Inc. were on an as-needed basis and were not the primary source of services required by the Home Health Agency, and WHEREAS, due to the dissolution of home health services by the primary contractor, Staffcare of New York, Inc. has become a primary provider of home health personnel and changes to the existing agreement are needed to reflect Staffcare’s enhanced role as a primary contractor, including the establishment of on-call and overtime rates, allowances for the provision of cell phones and pagers, and transportation allowances. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the contract with Staffcare of New York, Inc., to provide home health services, ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 196 addressing on call, overtime, cell phone/pager costs, and transportation costs, funding available in the 2004 Public Health budget, account no. 4010.490, subject to the approval of the County Attorney. Rates to be established in amendment: Overtime/Holiday rate $37.50/hr. On Call rate $1.96/hr. Mileage Reimbursement $.23 per mile Cell phone/pager Reimburse actual cost incurred by provider VOTE: Passed 7-0. RESOLUTION NO. 509 Motion by Yuhasz, Second by Karius. RE: AUTHORIZE CONTRACT RENEWAL WITH THE CENTER FOR ROCHESTER’S HEALTH, UNIVERSITY OF ROCHESTER – PUBLIC HEALTH WHEREAS, bioterrorism planning continues to be required by the NYS Department of Health, and WHEREAS, The Center for Rochester’s Health, University of Rochester has been selected as the regional provider of surveillance and epidemiology services required as part of the bioterrorism plan, and WHEREAS, the Schuyler County Public Health Department’s share for these services will be $14,524. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the Center for Rochester’s Health, University of Rochester for the provision of surveillance and epidemiology services at an amount not to exceed $14,524 effective September 1, 2004 through August 31, 2005, funds available in the Public Health Bioterrorism Grant budget, account no. 4010.400-4029, with no local share cost, subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 510 Motion by Yuhasz, Second by Karius. RE: AMEND 2004 COUNTY BUDGET – BIOTERRORISM GRANT - PUBLIC HEALTH WHEREAS, Resolution No. 364-03 established the budget for the 2003-04 Bioterrorism grant, and Resolution No. 315-04 amended the original budget, and WHEREAS, planned expenditures of the grant monies have changed, and these changes necessitate additional amendments to the original budget. NOW, THEREFORE, BE IT RESOLVED that the Legislature hereby authorizes the County Treasurer to amend the 2004 Public Health Department budget, as follows: Change New Amount Account No./Description + $928 $ 7,185 4010.100-4028 Personnel + $321 $ 2,486 4010.489.4028 Fringe Benefits -$1,249 $ 26,751 4010.200-4028 Equipment VOTE: Passed 7-0. RESOLUTION NO. 511 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH HUMAN SERVICE DEVELOPMENT FOR EMERGENCY (BIOTERRORISM) PLANNING – PUBLIC HEALTH WHEREAS, bioterrorism planning continues to be required by the NYS Department of Health, and WHEREAS, Human Service Development is able to provide emergency planning services in conjunction with Department of Health requirements. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Human Service Development for the provision of emergency planning coordination services at an amount not to exceed $20,000, effective September 1, 2004 through August 31, 2005, funds available in the Public Health Bioterrorism Grant budget, account no. 4010.400-4029 with no local share cost, subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 512 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH SIGN LANGUAGE SOLUTIONS FOR INTERPRETING SERVICES FOR 2004-05 – HEALTH SERVICES WHEREAS, the Public and Mental Health departments may, on occasion, require a sign language interpreter in order to provide services to clients with hearing impairments, and, ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 197 WHEREAS, Sign Language Solutions is qualified to provide interpreting services on an as-needed basis, and WHEREAS, funds are available in the 2004 and 2005 Public and Mental Health budgets to provide for payment of these services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Sign Language Solutions for the provision of interpreting services on an as-needed basis at the rate of $40 per hour for the period 12/1/04 through 12/31/05, renewable annually, funds available in the 2004 and 2005 Public and Mental Health budgets, account nos. 4010.435 and 4310.435, respectively, subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 513 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE ADOPTION OF A REVISED FEE SCHEDULE FOR HOME HEALTH SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department sets fees for its home health services based on the cost of the services provided, and WHEREAS, a recent review of the cost of services provided by the Schuyler County Home Health Agency indicates that fees for services should be increased to meet the costs of those services. NOW, THEREFORE, BE IT RESOLVED, that the Public Health Department charge and collect fees for home health services provided by the Schuyler County Home Health Agency as follows: Skilled Nursing $145.00/visit (increase $15/hour) Physical Therapy $105.00/visit (unchanged) Speech Therapy $105.00/visit (unchanged) Occupational Therapy $105.00/visit (unchanged) Medical Social Worker $105.00/visit (unchanged) Personal Care Aide $34.00/hour. (unchanged) Home Health Aide $34.00/hour (unchanged) Home Telemonitoring $250.00/month (increase $25/month), and BE IT FURTHER RESOLVED, that actual charges will be assessed using an income-based sliding fee scale. VOTE: Passed 7-0. RESOLUTION NO. 514 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FOR BUILDING REPAIRS – COMMUNITY SERVICES BOARD WHEREAS, Resolution No. 482-98 established a Community Services Board reserve account to cover expenses related to major projects and repairs at the Mill Creek Center building, and WHEREAS, major repairs have recently taken place at the Mill Creek Center building involving replacement of the hot water tank and repairs to the boiler system, and WHEREAS, the bills for these repairs should be paid from the Community Services Board reserve account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $5,320.72 from the Community Services Board reserve account to account 4310.426-Maintenance of Equipment for repairs at the Mill Creek Center building. VOTE: Passed 7-0. RESOLUTION NO. 515 Motion by Larison, Second by Bingell. RE: AUTHORIZATION TO RENEW AGREEMENT WITH SCHUYLER COUNTY CHILD CARE COORDINATING COUNCIL FOR DAY CARE SERVICES – SOCIAL SERVICES WHEREAS, the Department of Social Services (DSS) wishes to renew the agreement with the Schuyler County Child Care Coordinating Council for day care services, and WHEREAS, DSS has just been advised that the DSS Registration and Inspection Memorandum of ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 198 Understanding will reflect a change in the term of the April 1, 2004 agreement to cover a 9-month period ending December 31, 2004, and WHEREAS, the current Registration contract will be prorated to reflect this change to $32,100. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Schuyler County Child Care Coordinating Council for the Department of Social Services for Day Care Services for the term April 1, 2004 through December 31, 2004, funding available in the 2004 budget account no. 6010.435 subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 516 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT WITH CATHOLIC CHARITIES FOR NON-RESIDENTIAL DOMESTIC VIOLENCE SERVICES ROUND IV – SOCIAL SERVICES WHEREAS, the State of New York by letter dated November 12, 2004, has allocated an additional $25,000 for non-residential domestic violence services provided through June 30, 2005 to the Schuyler County Department of Social Services, and WHEREAS, the Department of Social Services wishes to contract with First Step (Catholic Charities) for these services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with First Step-Victim Services for the Department of Social Services for the term July 1, 2004 through June 30, 2005, funding available in the 2004 budget account no. 6010.370; subject to approval by the County Attorney, and BE IT FURTHER RESOLVED, that the Treasurer is authorized to amend the Department of Social Services 2004 budget as follows: + $25,000 6010.370 Non-Residential Domestic Violence + $25,000 6010-4610 Federal Aid - Administration VOTE: Passed 7-0. RESOLUTION NO. 517 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZATION TO PURCHASE A VAN FOR THE MOBILE WORK CREW IN THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, Resolution No. 497-04 authorized the creation and filling of a Mobile Work Crew Supervisor position, and WHEREAS, the Mobile Work Crew will require a 15-passenger van in order to transport participants from their homes to the work sites, and WHEREAS, the Highway Department Superintendent recommended the van be purchased directly by the Department of Social Services rather than by the County’s Central Garage, and WHEREAS, the local share of the Department’s 2004 Medicaid budget will be under budget by more than the cost of a van ($21,000). NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be hereby authorized to purchase a van (up to $21,000) for the Mobile Work Crew from the Department’s 2004 budget, and BE IT FURTHER RESOLVED that the Schuyler County Treasurer be hereby authorized to transfer $21,000 from account no. 6102.400-Medicaid to account no. 6010.204-Car to purchase said vehicle. VOTE: Passed 7-0. RESOLUTION NO. 518 Motion by Bingell, Second by Yuhasz. RE: DEDICATION OF 2004 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 2004" contain a tribute to Mary King (former Deputy Commissioner, Board of Elections), Janice Ameigh (former Food Service Helper), Terence Wolverton (former Deputy Highway Superintendent) and William Ward (former Corrections Officer), subject to any other retirements effective by 12/31/04. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 199 VOTE: Passed 7-0. ESOLUTION NO. 519 Motion by Bingell, Second by Yuhasz. RE: ADOPTION OF THE AMENDED AND RESTATED DEFERRED COMPENSATION MODEL PLAN WHEREAS, the New York State Deferred Compensation Board (the "Board"), pursuant to Section 5 of the New York State Finance Law ("Section and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of Schuyler County (the "Model Plan") and offers the Model Plan for adoption by local employers, and WHEREAS, the County of Schuyler, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of Schuyler County; WHEREAS, effective May 21, 2004, the Board amended the Model Plan to adopt provisions relating to:  Authorization to reject a participant investment request if the request is contrary to the rules, regulations or prospectus of the affected investment fund.  Authorization to distribute assets that have been rolled into the plan from another qualified retirement plan in accordance with the distribution rules of the plan that previously held the assets.  Limitations on a participant’s eligibility to obtain a loan in the event that the participant has previously defaulted on a loan.  Modifications related to comments provided by the Internal Revenue Service in response to the Board’s request for a private letter ruling stating that the Model Plan document constitutes an “eligible deferred compensation plan.”  Technical amendments pertaining to plan loan rules and the status of plan loans and other withdrawals upon the death of a participant, and WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations; and WHEREAS, upon due deliberation, the Schuyler County Legislature has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of Schuyler County by adopting the amended and restated Model Plan. NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler hereby amends the Deferred Compensation Plan for Employees of Schuyler County effective December 28, 2004 by adopting the amended and restated Model Plan effective May 21, 2004, in the form on file in the Human Resources Office. VOTE: Passed 7-0. RESOLUTION NO. 520 Motion by Bingell, Second by Larison. RE: AUTHORIZE MEMORANDUM OF AGREEMENTS WITH THE CSEA ADMINISTRATIVE UNIT FOR NURSING POSITIONS WHEREAS, the County and the CSEA Administrative Unit are parties to a collective bargaining agreement, which sets forth, among other things, starting pay rates, and WHEREAS, the County and Union are currently in impact negotiations on the Reclassification/Reallocation study recommendation as set forth by the Personnel Officer, and WHEREAS, the County and Union agree that the nursing positions’ starting pay rate should be addressed immediately due to the longstanding recruitment problem that exists, and WHEREAS, the County and Union now wish to document the terms of their agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a Memorandum of Agreement with the Administrative Unit CSEA to allow the nursing positions to be set at the starting pay rate as set forth below, effective immediately and for the year 2005: Registered Professional Nurse $18.92/hour Senior Registered Professional Nurse $19.74/hour ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 200 Public Health Nurse $20.57/hour VOTE: Passed 7-0. RESOLUTION NO. 521 Motion by Bingell, Second by Larison. RE: ACCEPT PROPOSAL FROM HARTER, SECREST & EMERY FOR LABOR COUNSEL SERVICES – HUMAN RESOURCES WHEREAS, the Management and Finance Committee directly the Human Resources Manager to solicit Requests for Proposals for labor counsel services, and WHEREAS, five proposals were received, and the Committee recommends the proposal from Harter, Secrest & Emery, LLP be accepted. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to accept the proposal from Harter, Secrest & Emery, LLP for labor counsel services for the year 2005 at the rate of $145.00 per hour, funding available in Human Resources account no. 1430.435; subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. OLUTION NO. 522 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following account transfers in order to balance out the 2004 accounts, to wit: , and BE IT FURTHER RESOLVED, that this authorization shall include financing capital projects with fund balance as determined by the Schuyler County Treasurer. VOTE: Passed 7-0. RESOLUTION NO. 523 Motion by Bingell, Second by Larison. RE: APPROVE ALTERNATIVES TO INCARCERATION SERVICE PLAN FOR 2005 – PROBATION DEPARTMENT WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the year 2005, and WHEREAS, the said Plan and Budget have been reviewed and both appear to be in order and approved by the Public Safety/Criminal Justice Committee of this Legislature. NOW, THEREFORE, BE IT RESOLVED, that the year 2005 Criminal Justice Advisory Alternatives to Incarceration 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 submit the same to the New York State Division of Probation and Correctional Alternatives for approval. VOTE: Passed 7-0. RESOLUTION NO. 524 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS – SHERIFF’S DEPARTMENT WHEREAS, account balances are depleted or low in certain accounts of the Sheriff’s Department 2004 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following transfers to pay outstanding invoices on these accounts: AMOUNT FROM ACCOUNT DESCRIPTION TO ACCOUNT DESCRIPTION $ 50.00 3510.201 Equipment 3510.100 Personnel Services $ 450.00 3510.201 Equipment 3510.102 Personnel Services Part time $ 1,100.00 3110.118 Drug Investigations 3150.456 Boarding Male/Female Prisoners $ 2,500.00 3150.201 Equipment other 3150.456 Boarding Male/Female Prisoners $ 3,000.00 3110.100 Personnel Services 3150.429 Medical Expenses $ 3,000.00 3110.101 Personnel Overtime 3150.442 Utilities $ 1,600.00 3110.453 Radio Maintenance 3150.454 Food VOTE: Passed 7-0. RESOLUTION NO. 525 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT WITH IMAGEMAX FOR MICROFILMING – RECORDS ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 201 MANAGEMENT WHEREAS, Records Management would like to enter into an agreement with Imagemax for microfilming at a cost not to exceed $915. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with Imagemax in the amount not to exceed $915.00, funding available in the 2004 and 2005 budgets, account no. 1460.428-Microfilming; contract subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. PUBLIC PARTICIPATION: None. The Meeting adjourned at 4:36 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 202 INDEX A Adoption Fee Scale Revision Public Health, 197 Revised Fee Public Health, 23 Set Fee Watershed, 23 Sliding Fee Scale Community Services, 9 Ag District 30 Day Enrollment Period, 21 Opportunity Zone, 62 Agreement/Contract/Proposal Admin Unit, 108 Administartive Unit, 199 Affiliated Conslt, 177 Alternatives Probation, 159 Andrew Seubert, 89 Barbara Shoemaker, RN, 126 Bioterrorism Planning, 196 Bouille Electric, 142 Care Givers, 117 Center for Rochester, 6 Child Care Coordinating Coucil, 51 Child Care Coordinating Council, 137 Ciaschi Firm, 106 Clean Harbors, 45 Cleaning Service, 158 Computer Consulting Services, 108 Computer Reycling, 46 Contract Staff, 53 Cornell Cooperative Extension, 179 Cott Systems, 158 Council on Alcoholism, 178 CR11& CR16 Culverts, 43 CSEA Admin Unit, 92 DOT Commerce, 78 EAP, 58 Early Intervention, 139 EBS Benefits, 100 Edger Enterprises, 107 Edger Enterprises Change Order, 119 Emergency Management, 52 Empire Natural Gas, 10 Families First, 179 Family Service Society, 22 Family Services Society, 105 Finger Lakes Parent, 9 Fiscal Advisors, 106 FLACRA, 19, 69, 139, 178 FLACRA Maintenance, 70 Flex Spending, 189 Food Bank of Southern Tier, 180 Food Stamp Nutrition, 18 Freed Maxick, 127 Health Research, 139 Hunt Engineering, 146 Hunt Engineers Highway, 44 Integrity Network, 6 Investigative Services, 36 Ivans Renewal, 127 Kelly Fitch, 153 Kevin Denny MD, 69 Kevin Denny, MD, 179 Labor Counsel, 200 Language Solutions, 196 Lincare, 9 Management/Confidentail Salary Plan, 182 Medication Distribution, 89 Mental Health Assoc, 89 Mental Health Associates, 178 Michelle Berliss, 8 Motorola, 185 Multi Tooled Backhoe, 159 Municipal Sign Management, 20 Next Century, 104 Nursing Services, 104 NYSEG, 128 Oil & Gas, 44 Oil & Gas, 65 Oil & Gas, 131 Pathways Inc, 8 Preventative Services, 180 Records Management, 200 Recycling Solid Waste, 9 Registered Nurse, 115 Risk Analysis, 189 Road Runner Service, 158 Safety Deposit Boxes, 77 Schamel Brothers, 107 Schuyler ARC, 8 Schuyler ARC PEER Specialist, 90 Schuyler Head Start, 104 Schuyler Hospital, 7 Schuyler Hospital Homecare, 22 SCT Computers, 14 Smith Paulison, 88 Social Sercies, 197 Social Services, 105, 198 Stafcare, 106 Staffcare of New York, 195 Stafkings Amendment, 128 Stanley Clark, 11 15 Amendment, 92 Step Grant, 83 Structure Removal Burdett, 93 Student Referral, 69 SUNY Binghamton, 93 Tire Collection, 45 University of Rochester, 196 Veterans Affairs, 91 Watkins Glen School District, 88, 154 Watkins Glen School Support, 90 YASI Probation, 122 Youth Bureau, 88 Youth Employment WGI, 81 Annual Operating Assistance, 34 Annual Update Pins Diversion, 97 Appointment ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 203 Ag & Farm, 33 Association, 109 Attorneys, 3 Auditor, 3 Board of Elections, 4 Budget Officer, 3, 109 Chairman, 1 Clerk, 1 Community Service, 22 Community Service Board, 51 Conditional Release, 45 Confidential Secretary, 3, 4 Coroner, 2 County Administrator, 125 Deputy Clerk, 1 Deputy Treasurer, 4 Director Patient Services, 103 Early Intervention Council, 22 Emergency Med & HW Safety, 34 EOP Directors, 61 Historian, 2 Outside Committee, 11, 12, 13, 14, 32, 83, 122, 137, 138, 150 Planning Commission, 35, 48 Professional Advisory, 21 Public Defender, 3 Purchasing Agent, 3 S2AY Advisory, 24 SCIDA, 5 Selection Committee, 118 Soil & Water, 15 Voting Custodian, 2 Workforce Deve Board, 32 Workforce Development, 15 Youth Board, 10, 18 Appointment Extension Part Time Clerk, 76 Appropriate Amounts, 173 Appropriate Funds Road Patrol Vehicle, 171 Approval/Authorization/Amendment Alternatives to Incarceration Plan, 200 Cost Allocation Plan, 186 Management/Confidentail Salary Plan, 164 Management/Confidential Salary Plan, 63, 148, 149 OFA Implementation Plan, 140 Resource Allocation Plan, 155 Salary Plan, 118 Stop DWI Plan, 128 Auditing Sales Tax Distribution, 83 Authorization Water & Waste Water, 86 B Bid Asphalt Dump Trucks, 20 Bank Run Gravel, 79 Certain Material Extensions, 60 Computer Aided Dispatch, 144 Computer Cunsulting Services, 124 CR11 Culvert, 120 Culverts, 71 Galvanized Pipe, 78 Gas & Oil Leasing, 21 Guiderail, 79 Material, 59 Seneca Harbor Breakwater Project, 120 Seneca Park Harbor, 78 Signs, Sign Posts & Ext, 79 Single Drum Roller, 44 Steel Pipe, Poly Pipe, Gabion, 80 Structual Maintenance, 141 Structural Maintenance & Repairs, 130 Tax Auction, 39, 168 Timber, 93 Transportation, 71 Transportation Public Health, 90 Budget Adoption, 173 Budget Alteration, 163, 166, 167 Budget Amendment Bond Payments, 177 Celebrations, 118 Celebrations Budget, 99 Domestic Violence Grant, 80 Highway, 157 Highway, 122 Mental Health, 116 Public Health, 196 Public Health, 116 Salary Sharing Funds, 70 Veterans Services, 128 C Chamber of Commerce Re Org, 102 Code Enforcement, 35 Committee Creation/Change HIPPA Committee, 10, 43 IT Advisory Board, 29 Rural Transportation, 37 Corning Cummunity College Increase Chargeback, 75 Cost Allocation Certification, 10 D Dedication Proceeedings, 198 Delegate Authority, 155 Designation Depositories, 2 Legal Newspaper, 1 Donation Family Resource Center, 91 E EAP, 51 Equal Employment Statement, 181 Equalization Rates Real Property Tax, 185 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 204 F Filling Position Account Clerk Typist, 66 Administrative Consultant, 170 Assistant District Attorney, 81 Assnt District Attorney, 66 Board of Elections, 82 Cleaner, 107 Cook Manager, 105 Coordinator of Services, 55 Correction Officer, 129 Corrections Officer, 30, 60 County Administrator, 86 Crime Victim Coordinator, 16 Deputy Clerk, 83 Deputy Highway Superintendent, 188 Deputy Sheriff, 108 Deputy Superintendent, 141 Deputy Treasurer, 34 Food Service Helper, 154 Keyboard Specialist, 170 Laborer, 31 Machine Equipment Operator, 142 Meal Delivery, 155 Meal Delivery, 18 Mobil Work Crew Supervisor, 187 On Call Meal Delivery, 40 On Call Meal Delivery, 91 Personal Secretary, 100, 147, 171 ProbationTypist, 97 Professional. Registered. Nurse, 103 Registered Nurse, 127 Registered Professional Nurse, 69 Registered Professional Nurse, 6 Registered Professional Nurse, 177 Seasonal Laborer, 78 Senior Registered Nurse, 138 Senior. Registered. Nurse, 104 Service Coordinator, 62 Social Welfare Examiner, 16 Social Worker, 103, 114 Social Worker, 71 Support Investigator, 108 Temp Laborer, 109 Transport Aid, 129 Welfare Examiner, 188 Fund Transfer Advertising, 119 Asbestos Testing, 109 Boarding Prisoners, 159 Budget Officer, 125 Central Garage, 62 Community Service Board, 197 Computers, 110 County Attorney, 100 Elevator Repair, 161 Fuel Account, 142 Hazardous Waste, 122 Highway, 185 Historian, 181 Information Technology, 144 Information Technology, 73 Mileage, 139, 156 Mileage, 156 Overtime Animal Control, 171 Personnel Servies, 160 Public Defender, 82, 145 Public Defender, 100 Public Defender, 112 Public Defender, 159 Public Defender, 190 Purchase Boat, 144 Safety Net, 179 Safety Net Expenses, 117 Server, 38 Sheriff, 200 Social Services, 140 Temporary Help, 106 Transportation Budget, 186 Treasurer, 200 Unemployment Insurance, 146 Vehicle Expense, 162 Watershed, 154 Funding Authorization Highway, 20 G GIS Mapping Emergency Management, 130 Grant Aid to Prosecution, 159 Byrne Narcotics, 76 E911 Funds, 186 Early Intervention, 138 Emergency Management, 44 Fire Prevention, 143 Homeland Security/Terrorism Prevention, 30 Immunization, 52 Indexing, 6, 158 Juvenile Accountability, 75 Juvenile Justice, 42 NYS Division Criminal Justice Renovating, 77 Performance Grant, 60 Snowmobile Club, 126 State Emergency Management, 76 Wireless 911, 143 Young Adult Employment, 42 I Increase Hours Youth Program Cooridnator, 180 Indy Racing, 68 Insurance Correction Buy Out, 93 Rate Renewal, 145, 147 Standards, 30 L Lead Agency Comprehensive Plan, 85 Right to Farm Law, 137 Local Government Continuity, 1 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2004 205 Local Law Amendment Empire Zone, 99 Empire Zone, 46 Increase Room Tax, 190 Qualifications, 131 Right to Farm, 151, 174 Setting Salaries, 186 Setting Salaries 2005, 165 M Medical Clinic Development, 57 Mortgage Tax Distribution, 92, 181 SCIDA, 19 N Name Change Health Services, 58 Negative SEQR Comprehensive Plan, 187 Right to Farm, 150 Nominations Chairman, 1 NYS Farm Service Agnecy, 47 NYS Legislature Residency Requirement, 81 Senate & Assembly Bills, 94, 98, 101 NYSAC, 160 O Opposition Pataki's Budget Gun Owners, 60 Organizational Meeting, 181 P Payment Authorization Historian, 19 Personal Checks, 117 Policy Adoption/Change Administrative Policy, 94 Deferred Compensation, 199 Fixed Asset, 43 Property Tax Federal Intervention, 123 Public Hearing Budget, 156 Waneta/Lamoka, 169 Q Quick Claim Property, 36, 38, 160 R Ratification Special Meeting, 5, 16, 38, 110, 124, 135, 162, 167, 168, 172 Reforestation Taxation, 29 Refund of Taxes, 143 Risk Analysis Study Buildings & Grouns, 161 Rules of Procedure Conform, 2 Modification, 48, 73 Rural Urban Center Expansion, 129 S Salary Adjustment Deputy Commissioner, 148 Salary Schedule, 2 Seneca Harbor Park Break Water Project, 71, 119 Improvements, 59 Sewer & Water Town of Reading, 185 Special Meeting Budget, 156 State Budget Over Ride, 154 Sunset Provision Elimination, 61 Surplus/Junk Equipment Computers, 117 Highway, 77 Human Resources, 42 Information Technology, 43 OFA, 77 Public Health, 92 Real Property, 75 Various Depts, 143 T Tabled/Failed, 3, 36, 46, 113, 135, 141, 157, 158, 161, 163, 164, 188 Tax Auction Treasurer, 157 Tax Roll Correction, 24, 25, 26, 27, 28, 29, 33, 34, 53, 54, 75, 94 Taxes Town Contribution, 173 Unpaid School, 189 Tourist Promotion Agency, 131 Transportation Priorities, 121 Travel Out of State Community Services, 7 Community Services, 144 District Attorney, 188 Health Services, 71 Public Health, 6 Public Health, 116 Sheriff, 129 U Unfunded Mandates, 54 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 206 V Vehicle Purchase Social Services, 198 W Waiver Jeff's Septic, 66 Liability Insurance, 88 Water Bills Town of Hector, 185 Watkins Glen District Management, 150 Weight Restriction Rte 414, 107 Welcome Archers, 32 Withdrawn, 57, 97, 131, 166, 181 Y Year End Meeting, 181 ---PAGE BREAK--- COPIES OF THE SCHUYLER COUNTY TREASURER=S ANNUAL FINANCIAL REPORT, ALL ANNEXED ATTACHED DOCUMENTS REFERRED TO IN RESOLUTIONS, AND ALL OTHER DEPARTMENTAL ANNUAL REPORTS ARE AVAILABLE FOR REVIEW AT THE SCHUYLER COUNTY LEGISLATIVE OFFICE