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ORGANIZATIONAL MEETING JANUARY 3, 1994 The January 3, 1994 Organizational Meeting of the Schuyler County Legislature was called to order at 4:00 p.m. by Doris J. Craig, Clerk, acting as Temporary Chair. The Pledge of Allegiance was led by Legislator Hastings and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present. Judge Callanan arrived at 4:02 p.m. and administered the Oath of Office first to new legislator, Doris L. Karius and then to the remaining legislators. PUBLIC PARTICIPATION - 4:06 P.M.: Tom Ryan and Hazel Shader spoke up in favor of Angeline Franzese remaining the Chairperson of the Legislature for 1994. Sue Brill spoke up in favor of Robert Fitzsimmons becoming the Chairperson of the Legislature for 1994. Amelia Cornish asked who would have the position in the case of a tie vote. County Attorney Coleman advised that County Law provides that the current Chairperson would holdover until such time as election is made. If there are no results by February 1st, pursuant to County Law Section 151, the County Clerk would appoint the Chairperson. Mrs. Cornish then asked if committee appointments would be made with a holdover Chairperson. County Attorney Coleman noted that the holdover Chairperson is authorized to do whatever is necessary to continue county government. Public Participation concluded at 4:13 p.m. MOTION by Halpin, SECOND by Burnside to nominate Angeline B. Franzese as Chairperson of the Schuyler County Legislature for the year 1994. MOTION by Hastings, SECOND by Smith to nominate Robert J. Fitzsimmons as Chairperson of the Schuyler County Legislature for the year 1994. RESOLUTION NO. 1 Motion by Burnside, second by Karius. RE: CLOSE NOMINATIONS - 1994 CHAIRPERSON SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that nominations for the 1994 Chairperson of the Schuyler County Legislature be closed. DISCUSSION: Legislator Hastings asked if there were a tie vote, if nominations could be reopened today. County Attorney Coleman advised that pursuant to an Attorney General's opinion, in the event no Chairperson is elected, the Legislature can make further attempts until February 1st which would include today. VOTE: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 2 Motion by Halpin, second by Burnside. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994 BE IT RESOLVED, that Angeline B. Franzese be Chairperson of the Schuyler County Legislature for the year 1994. Vote: FAILED 4-4. Noes: Hastings, Karius, Smith & Fitzsimmons. RESOLUTION NO. 3 Motion by Hastings, second by Smith. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994 BE IT RESOLVED, that Robert J. Fitzsimmons be Chairperson of the Schuyler County Legislature for the year 1994. VOTE: FAILED 4-4. Noes: Halpin, Young, Burnside & Franzese. Legislator Hastings immediately requested that nominations for Chairperson of the Schuyler County Legislature for the year 1994 be re-opened. MOTION by Fitzsimmons to nominate Patricia L. Hastings as Chairperson of the Schuyler County Legislature for the year 1994. Motion failed for lack of a second. MOTION by Hastings to nominate Charles E. Young as Chairperson of the Schuyler County Legislature for the year 1994. Motion failed for lack of a second. MOTION by Hastings, SECOND by Karius to nominate Robert J. Fitzsimmons as Chairperson of the Schuyler County Legislature for the year 1994. MOTION by Young, SECOND by Halpin to nominate Angeline B. Franzese as Chairperson of the Schuyler County Legislature for the year 1994. RESOLUTION NO. 4 Motion by Young, second by Burnside. RE: CLOSE NOMINATIONS - 1994 CHAIRPERSON SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that nominations for the 1994 Chairperson of the Schuyler County Legislature be closed. VOTE: Passed 8-0. RESOLUTION NO. 5 Motion by Hastings, second by Karius. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994 ---PAGE BREAK--- BE IT RESOLVED, that Robert J. Fitzsimmons be Chairperson of the Schuyler County Legislature for the year 1994. VOTE: FAILED 4-4. Noes: Halpin, Young, Burnside & Franzese. RESOLUTION NO. 6 Motion by Young, second by Halpin. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994 BE IT RESOLVED, that Angeline B. Franzese be Chairperson of the Schuyler County Legislature for the year 1994. VOTE: FAILED 4-4. Noes: Hastings, Karius, Smith & Fitzsimmons. Temporary Chair Doris J. Craig announced, pursuant to County Law Section 151, that Angeline B. Franzese would be appointed holdover Chairman. RESOLUTION NO. 7 Motion by Fitzsimmons, second by Young. RE: APPOINTMENT - CLERK OF THE LEGISLATURE - 1994-95 BE IT RESOLVED, that Doris J. Craig be appointed Clerk of the Legislature for a two- year term commencing January 1, 1994 and terminating December 31, 1995. VOTE: Passed 8-0. RESOLUTION NO. 8 Motion by Smith, second by Fitzsimmons. RE: APPOINTMENT - DEPUTY CLERK OF THE LEGISLATURE - 1994-95 BE IT RESOLVED, that this Legislature acknowledges the appointment by Clerk of the Legislature, Doris J. Craig of Gail M. Willis as Deputy Clerk of the Legislature for a two- year term commencing January 1, 1994 and terminating December 31, 1995. VOTE: Passed 8-0. RESOLUTION NO. 9 Motion by Fitzsimmons, second by Young. RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 1994 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 1994, as follows: Chairman Angeline B. Franzese ---PAGE BREAK--- #1 Vice-Chairman Philip C. Smith #2 Vice-Chairman Robert J. Fitzsimmons #3 Vice-Chairman Patricia L. Hastings #4 Vice-Chairman Barbara J. Halpin #5 Vice-Chairman Charles E. Young #6 Vice-Chairman Robert E. Burnside #7 Vice-Chairman Doris L. Karius VOTE: Passed 8-0. RESOLUTION NO. 10 Motion by Young, second by Smith. 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 concurrent resolutions, election notices, official canvass and other notices. VOTE: Passed 8-0. RESOLUTION NO. 11 Motion by Hastings, second by Smith. 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: FLEET BANK, N.A. Watkins Glen Office 401 N. Franklin Street Watkins Glen, NY 14891 $3,000,000.00 MARINE MIDLAND BANK, N.A. Watkins Glen Office Franklin at Eighth Street ---PAGE BREAK--- Watkins Glen, NY 14891 $3,000,000.00 CHEMUNG CANAL TRUST COMPANY Montour Falls Office 303 W. Main Street Montour Falls, NY 14865 $3,000,000.00 FINGER LAKES DIVISION FIRST NATIONAL BANK OF ROCHESTER Main Street Odessa, NY 14869 $3,000,000.00 VOTE: Passed 8-0. RESOLUTION NO. 12 Motion by Burnside, second by Young. 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 amended on September 14, 1992 be conformed to. VOTE: Passed 8-0. RESOLUTION NO. 13 Motion by Young, second by Burnside. RE: APPOINTMENT - SCHUYLER COUNTY ATTORNEY - 1994-95 BE IT RESOLVED, that James P. Coleman be appointed County Attorney for a two-year term commencing January 1, 1994 and terminating December 31, 1995. VOTE: Passed 8-0. RESOLUTION NO. 14 Motion by Young, second by Burnside. RE: APPOINTMENT - ASSISTANT SCHUYLER COUNTY ATTORNEY - 1994-95 BE IT RESOLVED, that this Legislature acknowledge the appointment by County Attorney James P. Coleman of Dennis J. Morris as Assistant County Attorney for a two- year term commencing January 1, 1994 and terminating December 31, 1995. ---PAGE BREAK--- VOTE: Passed 8-0. RESOLUTION NO. 15 Motion by Young, second by Burnside. E: APPOINTMENT - PUBLIC DEFENDER FOR 1994 BE IT RESOLVED, that James Halpin be appointed Public Defender for a one-year term commencing January 1, 1994 and terminating December 31, 1994. VOTE: Passed 7-0. Abstention: Halpin. RESOLUTION NO. 16 Motion by Young, second by Burnside. RE: APPOINTMENT - BUDGET OFFICER FOR 1994 BE IT RESOLVED, that Nancy A. Peters be appointed Budget Officer for the year 1994. VOTE: Passed 8-0. RESOLUTION NO. 17 Motion by Young, second by Burnside. RE: APPOINTMENT - ASSISTANT DISTRICT ATTORNEY - 1994-97 BE IT RESOLVED, that the Schuyler County Legislature acknowledges the appointment by J.C. Argetsinger, District Attorney, of Joseph Fazzary as Assistant District Attorney for a four-year term commencing January 1, 1994 and terminating December 31, 1997. (Term of District Attorney). VOTE: Passed 8-0. RESOLUTION NO. 18 Motion by Young, second by Burnside. RE: APPOINTMENT - CONFIDENTIAL SECRETARY TO COUNTY ATTORNEY - 1994-95 BE IT RESOLVED, that this Legislature hereby acknowledges the appointment pursuant to County Law Section 501-5 by County Attorney James P. Coleman of Barbara Klemann-Caldwell as Confidential Secretary to the County Attorney for the period commencing January 1, 1994 and terminating December 31, 1995. VOTE: Passed 8-0. RESOLUTION NO. 19 Motion by Young, second by Burnside. RE: APPOINTMENT - CONFIDENTIAL SECRETARY TO DISTRICT ATTORNEY - 1994-97 ---PAGE BREAK--- BE IT RESOLVED, that this Legislature hereby acknowledges the appointment pursuant to County Law Section 700-5 by District Attorney J.C. Argetsinger of Joanne Mayo as Confidential Secretary to the District Attorney for the period commencing January 1, 1994 and terminating December 31, 1997. (Term of District Attorney). VOTE: Passed 8-0. RESOLUTION NO. 20 Motion by Young, second by Halpin. RE: TRAVEL REIMBURSEMENT (MILEAGE) FOR 1994 BE IT RESOLVED, that all authorized personnel be allowed to claim mileage at the rate of $.25 per mile except where a different rate is set by contract. VOTE: Passed 8-0. RESOLUTION NO. 21 Motion by Young, second by Halpin. 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 1994. VOTE: Passed 8-0. RESOLUTION NO. 22 Motion by Smith, second by Burnside. RE: APPOINTMENT - DEPUTY COUNTY CLERK - 1994-97 BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by County Clerk Betty Glick of Linda Compton as Deputy County Clerk for the term commencing January 1, 1994 and terminating December 31, 1997. (Term of County Clerk). VOTE: Passed 8-0. RESOLUTION NO. 23 Motion by Smith, second by Burnside. RE: APPOINTMENT - CHIEF CORONER FOR 1994 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 1994, at an additional stipend of $1,000 for administrative duties to be paid quarterly at the rate of $250.00 per quarter. ---PAGE BREAK--- VOTE: Passed 7-0. Abstention: Franzese. RESOLUTION NO. 24 Motion by Hastings, second by Young. RE: SCHEDULE OF SALARIES FOR 1994 BE IT RESOLVED, that the Schedule of Salaries for 1994, as attached hereto, be adopted, effective January 1, 1994, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 1994 Salary Schedule. VOTE: Passed 8-0. Chairman Franzese announced that there would be an Executive Session after the public participation portion of the meeting. PUBLIC PARTICIPATION - 4:37 P.M.: Tom Ryan asked what would be discussed in the Executive Session and Chairman Franzese advised that possible disciplinary action of an employee was the reason for the closed session. Amelia Cornish asked when committee appointments were going to be made. Chairman Franzese said that she felt it was only fair to have the committees holdover as well. Public Participation concluded at 4:42 p.m. Chairman Franzese declared a brief recess at 4:42 p.m. to answer question for the press. The meeting was called back to order at 4:55 p.m. MOTION by Fitzsimmons, SECOND by Burnside to go into Executive Session at 4:55 p.m. to discuss possible disciplinary action of an employee. Motion carried eight ayes to zero noes. MOTION by Young, SECOND by Burnside to come out of Executive Session at 5:31 p.m. Motion carried eight ayes to zero noes. The meeting adjourned at 5:31 p.m. Doris J. Craig, Clerk Gail M. Willis, Deputy Clerk REGULAR MEETING JANUARY 10, 1994 ---PAGE BREAK--- The January 10, 1994 Regular Meeting of the Schuyler County Legislature was called to order at 6:35 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present. ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced the two emergency resolutions by title. PUBLIC PARTICIPATION - 6:37 P.M.: Tom Brace, Soil & Water Conservation, presented information relative to Introduction No. 4 (Rescind Honorarium for Soil & Water Board of Directors). Mr. Brace explained that the Board of Directors for Soil & Water is empowered by State and County laws. Mr. Brace requested the Legislature to maintain the honorarium. Mike Oates, Hector, spoke in favor of Robert Fitzsimmons becoming Chair of the Legislature for 1994, stating the county needs strong, bi-partisan leadership, and urged the Legislature to move on this subject. Tom Ryan, Odessa, commended Angeline Franzese for her job as Chairman for the last two years. Joanna Ely, Dix, said she hoped the Board's decision on its Chairman will be based on what is right for the taxpayers. With no further comment, public participation was declared closed at 7:45 p.m. RESOLUTION NO. 25 Motion by Young, second by Halpin. RE: APPROVE MINUTES OF THE NOVEMBER 10 AND 12, 1993 SPECIAL MEETINGS, NOVEMBER 29, 1993 PUBLIC HEARING AND DECEMBER 6, 1993 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the November 10 and 12, 1993 Special Meetings, November 29, 1993 Public Hearing and December 6, 1993 Special Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 26 Motion by Smith, second by Young. RE: DECLARE ITEM SURPLUS - ELECTIONS BE IT RESOLVED, that the County Clerk & Elections Committee of the Schuyler County Legislature has determined that a Remington Adding Machine, serial number 269A103878 in the Board of Elections is no longer needed for public use, pursuant to Section 215 of County Law. NOW, THEREFORE, BE IT RESOLVED, that the Remington Adding Machine hereinbefore mentioned be, and hereby is, declared surplus. VOTE: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 27 Motion by Smith, second by Young. RE: APPROVE REQUEST FOR OUT-OF-STATE TRAVEL - SHERIFF'S DEPARTMENT WHEREAS, from time to time certain promoters desire to have sporting and other spectator events held in Schuyler County, and WHEREAS, it is necessary for security and crowd control purposes to see how these events are policed in other states, and WHEREAS, Resolution Nos. 507-87 and 316-88 prohibit travel out-of-state within sixty miles of the Village of Watkins Glen. NOW, THEREFORE, BE IT RESOLVED, that the Sheriff of Schuyler County or his designated deputy be allowed to travel out-of-state for the purpose of looking at security supervision and crowd control at various spectator events and that the expense of such travel be recouped from the promoter or sponsor. DISCUSSION: Legislator Halpin asked what type of events the Sheriff's Department would be travelling to. Legislator Fitzsimmons explained that they would be travelling to different race tracks to look at other types of race track security. Legislator Smith noted that the Public Safety Committee should work on recoupment, and Attorney Coleman added that recoupment agreements are easy and straight-forward. After considerable discussion, Legislator Smith "called for the question". VOTE: Passed 8-0. 7:04 P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2 OF THE YEAR 1993: There was no participation. 7:04 P.M. - PUBLIC HEARING ON PARTIAL EXEMPTION FROM REAL PROPERTY TAXATION: Tom Ryan asked about the sliding scale and was advised that this will be clarified on the resolution. RESOLUTION NO. 28 Motion by Young, second by Halpin. RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 1993/LOCAL LAW NO. 2 OF 1994 SETTING THE SALARIES OF CERTAIN PUBLIC OFFICERS FOR THE YEAR 1994 WHEREAS, a proposed local law setting the salaries of certain public officers for the year 1994 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held January 10, 1994 considering its adoption, and ---PAGE BREAK--- 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 said local law, a true copy of which is annexed hereto, be and hereby is, passed, adopted and enacted; the same 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 and numbered Local Law No. 2 of the year 1994, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law No. 2 of the year 1994, together with the full text thereof in the official county newspaper as required by law. COUNTY OF SCHUYLER LOCAL LAW INTRO. NO. 2 OF THE YEAR 1993 LOCAL LAW NO. 2 OF 1994 A Local Law Setting the Salaries of Certain Public Officers for the Year 1994. Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the salaries of the public officers listed below shall be in the amounts herein stated. 2. The following public officers are subject to the provisions hereof: Commissioner of Social Services $35,350 Highway Superintendent $30,900 Real Property Tax Director $28,392 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. 29A Motion by Fitzsimmons, second by Karius. RE: AMEND RESOLUTION NO. 29 BE IT RESOLVED, that the "Be It Resolved" clause in Resolution No. 29 be amended to read as follows: ---PAGE BREAK--- "NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby rescind the $10.00 honorarium for Legislative appointees to the Board of Directors of the Soil & Water Conservation Board for 1994." VOTE: Passed 8-0. RESOLUTION NO. 29B Motion by Fitzsimmons, second by Burnside. RE: AMEND RESOLUTION NO. 29 BE IT RESOLVED, that Resolution No. 29 be amended by the addition of the following "Be It Resolved" clause: "BE IT FURTHER RESOLVED, that all new appointees to the Board of Directors of the Soil & Water Conservation Board will receive no honorarium." DISCUSSION: Legislator Karius noted she would oppose this amendment because she feels that Soil & Water works hard for the farmers, who need the help and pay the largest portion of taxes in the county. VOTE: Passed 7/1. No: Karius. RESOLUTION NO. 29 - AS AMENDED RE: RESCIND HONORARIUM FOR SOIL & WATER BOARD OF DIRECTORS - 1994 - AS AMENDED WHEREAS, the Board of Directors of the Soil & Water Conservation Board have traditionally received a $10.00 honorarium for attendance at meetings, and WHEREAS, it was recommended during the budget process that this practice be eliminated. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby rescind the $10.00 honorarium for Legislative appointees to the Board of Directors of the Soil & Water Conservation Board for 1994, and BE IT FURTHER RESOLVED, that all new appointees to the Board of Directors of the Soil & Water Conservation Board will receive no honorarium. VOTE: Passed 8-0. RESOLUTION NO. 30 Motion by Smith, second by Karius. ---PAGE BREAK--- RE: APPOINTMENTS TO STANDING COMMITTEES OF THE LEGISLATURE AND COMMITTEES AND BOARDS CONNECTED WITH COUNTY GOVERNMENT WHEREAS, a Chairman of the Schuyler County Legislature has not been appointed for 1994. NOW, THEREFORE, BE IT RESOLVED, that those appointments to committees and boards in effect in 1993 shall carry over until such time as a Chairman is appointed for 1994. VOTE: Passed 8-0. RESOLUTION NO. 31 Motion by Halpin, second by Young. RE: RENEW RENTAL AGREEMENT - DOG POUND PROPERTY WHEREAS, the Buildings and Grounds Committee recommends changing the term of the rental agreement for the dog pound property to coincide with the County's budget year. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to renew the rental agreement with David Wood of the dog pound property for the term March 1, 1994 through December 31, 1994 in the amount of $165/month with 32 hours/month work performed on the property; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. DISCUSSION: Legislator Karius asked that the rent amount and the hours to be worked on the property be added to the resolution. There was no objections to the addition from the sponsors. VOTE: Passed 8-0. RESOLUTION NO. 32 Motion by Burnside, second by Hastings. RE: ADOPT INCREASE TO $10,000 - PARTIAL EXEMPTION FROM REAL PROPERTY TAXATION WHEREAS, the Schuyler County Legislature duly advertised and conducted a public hearing in respect to a proposed increase in the amount of exemption from taxation in the case of persons 65 years of age or older, and WHEREAS, this Legislature deems an increase in the exempt amount on a sliding scale from a $9,500 to a $10,000 base proper and necessary. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, the partial exemption from real property taxation pursuant to Section 467 of the Real Property Tax Law for persons 65 years of age or older be increased on a sliding scale from a $9,500 to a $10,000 base, effective with the 1994 tax rolls for the 1995 taxes and thereafter. VOTE: Passed 8-0. RESOLUTION NO. 33 Motion by Burnside, second by Hastings. RE: AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT- IN-AID FOR A LOCAL RESOURCE REUSE AND RECOVERY PROJECT AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE WHEREAS, the State of New York provides financial aid for local resource reuse and recovery programs, and WHEREAS, Schuyler County herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws, and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid. NOW, THEREFORE, BE IT RESOLVED, by the Schuyler County Legislature: 1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. 2. That the Chairman of the Schuyler County Legislature is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE. 3. That the MUNICIPALITY agrees it will fund its portion of the cost of said Project. 4. That the MUNICIPALITY or MUNICIPALITIES set forth their respective responsibilities by attached joint resolution relative to a joint Project. 5. That five certified copies of this resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, NY 12233-4015, together with a complete application. ---PAGE BREAK--- DISCUSSION: After discussion, the Chairman directed the Clerk to put the issue of Solid Waste Coordinator on the next Legislative Committee agenda. VOTE: Passed 8-0. RESOLUTION NO. 34 Motion by Burnside, second by Fitzsimmons. 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. 35 Motion by Young, second by Halpin. RE: AUTHORIZATION - SECTION 75 OF THE NEW YORK STATE DEPARTMENT OF CIVIL SERVICE LAW WHEREAS, the Community Development, Planning & Expansion Committee has made recommendation to initiate Section 75 Proceedings of the New York State Department of Civil Service Law regarding Lola Mitchell and a 30-day suspension without pay effective immediately. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize said procedures. VOTE: Passed 8-0. RESOLUTION NO. 36 Motion by Halpin, second by Burnside. RE: PROCLAIM JANUARY 26, 1994 AS "SCHOOL NURSE DAY" IN SCHUYLER COUNTY WHEREAS, Governor Mario Cuomo has officially proclaimed Wednesday, January 26, 1994 as "School Nurse Day", and WHEREAS, School Nurses have become integral members of school educational teams; striving for the safety, good health and optimal learning for all children in their care, and WHEREAS, School Nurses advocate for students emotional, physical, and educational well-being, dealing with such issues as: substance abuse, teenage pregnancy, families in crisis, as well as the control of contagious disease, treatment of major and minor injuries and the care of handicapped students mainstreamed in our schools today, and WHEREAS, it is the desire of this Legislature to join the State and Nation in recognizing the invaluable services provided by School Nurses. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim January 26, 1994 as "School Nurse Day" in the County of Schuyler, and BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to Governor Mario Cuomo, the New York State Association of School Nurses and others as deemed appropriate. VOTE: Passed 8-0. REPORT ON STANDING COMMITTEE: Legislator Halpin announced a Building Project Committee meeting scheduled for January 11th at 10:00 a.m. to be held in the Civil Defense Conference Room. UNFINISHED BUSINESS: Chairman Franzese suggested that the tabled resolution relative to the SCIDA appointments be left on the table until such time as the nomination process is clarified. Legislator Hastings said that there presently are names to pick from and the SCIDA Board needs members in order to function. It was noted that there are enough members to meet a quorum. Legislator Smith said he felt the Legislature should listen to the nomination committee and honor their recommendation. MOTION by Hastings, SECOND by Smith to bring Resolution No. 521-93 off the table. Motion failed three ayes to five noes. (Noes: Halpin, Young, Burnside, Fitzsimmons and Franzese). Doris Craig, Clerk, was asked to chair the meeting at this point, and she asked for nominations from the floor for Chairman of the Schuyler County Legislature for the year 1994. MOTION by Halpin, SECOND by Young to nominate Angeline B. Franzese as Chairperson of the Schuyler County Legislature for the year 1994. MOTION by Hastings, SECOND by Smith to nominate Robert J. Fitzsimmons as Chairperson of the Schuyler County Legislature for the year 1994. RESOLUTION NO. 37 Motion by Burnside, second by Karius. RE: CLOSE NOMINATIONS - 1994 CHAIRPERSON SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that nominations for the 1994 Chairperson of the Schuyler County Legislature be closed. VOTE: Passed 8-0. RESOLUTION NO. 38 Motion by Halpin, second by Young. ---PAGE BREAK--- RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994 BE IT RESOLVED, that Angeline B. Franzese be Chairperson of the Schuyler County Legislature for the year 1994. Vote: FAILED 4-4. Noes: Hastings, Karius, Smith & Fitzsimmons. RESOLUTION NO. 39 Motion by Hastings, second by Smith. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994 BE IT RESOLVED, that Robert J. Fitzsimmons be Chairperson of the Schuyler County Legislature for the year 1994. VOTE: FAILED 4-4. Noes: Halpin, Young, Burnside & Franzese. The meeting was turned back over to holdover Chairman Franzese. It was decided to hold a Special Meeting of the Legislature on January 18, 1994 at 1:00 p.m. with the sole item of business being electing a Chairman of the Legislature for the year 1994. NEW BUSINESS: None. PUBLIC PARTICIPATION - 8:20 P.M.: None. MOTION by Young, SECOND by Smith to go into Executive Session at 8:21 p.m. to discuss possible disciplinary action of an employee. Motion carried eight ayes to zero noes. MOTION by Smith, SECOND by Burnside to come out of Executive Session at 8:57 p.m. Motion carried eight ayes to zero noes. The meeting adjourned at 8:57 p.m. Doris J. Craig, Clerk Gail M. Willis, Deputy Clerk SPECIAL MEETING JANUARY 18, 1994 ---PAGE BREAK--- The January 18, 1994 Special Meeting of the Schuyler County Legislature was called to order at 1:00 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present. Chairman Franzese announced there would be an Executive Session at the end of business and turned the meeting over to Doris J. Craig, Clerk. PUBLIC PARTICIPATION - 1:03 P.M.: There were approximately 20 persons present, including department heads and press. All comments made were either in support of Angeline Franzese as Chairman of the Legislature or Robert J. Fitzsimmons as Chairman of the Legislature. Public Participation was declared closed at 1:03 p.m. RESOLUTION NO. 40 Motion by Young, second by Smith. RE: RATIFICATION OF SPECIAL MEETING CALL 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 item of business: 1. Appointment - Chair, Schuyler County Legislature - 1994 VOTE: Passed 8-0. Doris Craig asked for nominations from the floor for Chairman of the Schuyler County Legislature for the year 1994. MOTION by Young, SECOND by Burnside to nominate Angeline B. Franzese as Chairperson of the Schuyler County Legislature for the year 1994. MOTION by Hastings, SECOND by Smith to nominate Robert J. Fitzsimmons as Chairperson of the Schuyler County Legislature for the year 1994. RESOLUTION NO. 41 Motion by Burnside, second by Karius. RE: CLOSE NOMINATIONS - 1994 CHAIRPERSON SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that nominations for the 1994 Chairperson of the Schuyler County Legislature be closed. VOTE: Passed 8-0. RESOLUTION NO. 42 Motion by Halpin, second by Young. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994 ---PAGE BREAK--- BE IT RESOLVED, that Angeline B. Franzese be Chairperson of the Schuyler County Legislature for the year 1994. Vote: FAILED 4-4. Noes: Hastings, Karius, Smith & Fitzsimmons. RESOLUTION NO. 43 Motion by Hastings, second by Smith. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994 BE IT RESOLVED, that Robert J. Fitzsimmons be Chairperson of the Schuyler County Legislature for the year 1994. VOTE: FAILED 4-4. Noes: Halpin, Young, Burnside & Franzese. The meeting was turned back over to holdover Chairman Franzese. MOTION by Hastings, SECOND by Smith to call a Special Meeting of the Legislature on January 28, 1994 at 2:00 p.m. in the Legislative Chambers for the purpose of electing a Chairman of the Legislature for the year 1994. PUBLIC PARTICIPATION - 1:28 P.M.: Tom Ryan asked for the reason for the Executive Session at the end of the meeting. Chairman Franzese advised that it was to discuss a possible personnel litigation matter. There being no other public comment, Public Participation was declared closed at 1:31 p.m. Chairman Franzese declared a five minute recess. The meeting was called back to order at 1:38 p.m. MOTION by Smith, SECOND by Fitzsimmons to go into Executive Session at 1:38 p.m. to discussion possible litigation on a personnel matter. Motion carried eight ayes to zero noes. MOTION by Burnside, SECOND by Fitzsimmons to come out of Executive Session at 2:06 p.m. Motion carried eight ayes to zero noes. The meeting adjourned at 2:06 p.m. Doris J. Craig, Clerk Gail M. Willis, Deputy Clerk SPECIAL MEETING JANUARY 28, 1994 ---PAGE BREAK--- The January 28, 1994 Special Meeting of the Schuyler County Legislature was called to order at 2:00 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Burnside and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present. Legislator Hastings requested a Democratic caucas, and the request was seconded by Legislator Fitzsimmons. Chairman Franzese questioned the appropriateness of this stating the Rules do not allow for this. County Attorney Coleman responded as long as it is a genuine caucas, the Rules can be suspended to allow for it. MOTION by Smith, SECOND by Karius to suspend the Rules of Procedure to allow for a democratic caucas. Motion carried five ayes to three noes. (Noes: Halpin, Young and Franzese). The meeting recessed at 2:08 p.m. The meeting was called back to order at 2:14 p.m. and the meeting was turned over to Doris J. Craig, Clerk. PUBLIC PARTICIPATION - 2:15 P.M.: Don Kosty, Tyrone, asked the legislators to consider the fact that the Republican party and part of the Democratic party support Robert Fitzsimmons as Chairman and this could be seen as a common bond. Pat Redick, Reading, spoke in favor of Angeline Franzese as Chairman. RESOLUTION NO. 44 Motion by Karius, second by Young. RE: RATIFICATION OF SPECIAL MEETING CALL 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 item of business: 1. Appointment - Chair, Schuyler County Legislature - 1994 VOTE: Passed 8-0. Doris Craig asked for nominations from the floor for Chairman of the Legislature for the year 1994. MOTION by Smith, SECOND by Hastings to nominate Robert J. Fitzsimmons as Chairperson of the Schuyler County Legislature for the year 1994. MOTION by Halpin, SECOND by Young to nominate Angeline B. Franzese as Chairperson of the Schuyler County Legislature for the year 1994. RESOLUTION NO. 45 Motion by Young, second by Smith. ---PAGE BREAK--- RE: CLOSE NOMINATIONS - 1994 CHAIRPERSON SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that nominations for the 1994 Chairperson of the Schuyler County Legislature be closed. VOTE: Passed 8-0. RESOLUTION NO. 46 Motion by Hastings, second by Smith. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994 BE IT RESOLVED, that Robert J. Fitzsimmons be Chairperson of the Schuyler County Legislature for the year 1994. VOTE: FAILED 4-4. Noes: Halpin, Young, Burnside & Franzese. RESOLUTION NO. 47 Motion by Halpin, second by Young. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994 BE IT RESOLVED, that Angeline B. Franzese be Chairperson of the Schuyler County Legislature for the year 1994. Vote: FAILED 4-4. Noes: Hastings, Karius, Smith & Fitzsimmons. PUBLIC PARTICIPATION - 2:25 P.M.: None. The meeting adjourned at 2:26 p.m. Doris J. Craig, Clerk Gail M. Willis, Deputy Clerk REGULAR MEETING FEBRUARY 14, 1994 The February 14, 1994 Regular Meeting of the Schuyler County Legislature was called to order by Chairman Franzese at 6:33 p.m. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman arrived at 6:47 p.m. In the absence of the Clerk due to a death in the family, the Deputy Clerk was asked to read into the minutes a letter ---PAGE BREAK--- addressed to Doris Craig, Clerk received February 1, 1994 from Betty Glick, County Clerk, as follows: "In view of the failure of the Schuyler County Legislature to select a Chairman within the time prescribed by County Law Section 151, it is now incumbent upon me to make such a selection in accordance with the cited statue. I hereby appoint Angeline Franzese Chairman of the Schuyler County Legislature for the remainder of calendar year 1994; such appointment terminating by law December 31, 1994. You should include this appointment in your official records and should forthwith confirm same with my appointee to determine acceptance. If the appointee accepts, she should be immediately sworn and file an oath and bond as required by law. The incorporation of this letter into the minutes of the official proceedings of the Legislature should be the first order of business at the next regularly scheduled meeting. Sincerely yours, Betty Betty V. Glick, County Clerk". ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced there is a possibility of one emergency resolution after an Executive Session at the end of the meeting. PUBLIC PARTICIPATION - 6:38 P.M.: Casey Creamer commented on the standing committee appointments and felt that there may have been some politics involved. Chairman Franzese stated that she has been thinking about these appointments since October and gave much thought and study to the organization of the committee system in making those appointments. She noted that for committees with similar interests she tried to have common legislators, and further that she felt it was good to rotate legislators in order to educate them. She also indicated that she tried to have equal party representation on all committees and hopes that this will work in the best interest of the county. Legislator Smith requested that he be removed as Chair for the Mental Health Committee and have Legislator Fitzsimmons reinstated into that position since he has the experience. Chairman Franzese asked that Legislator Smith give it a chance. Public Participation was closed at 6:52 p.m. RESOLUTION NO. 48 Motion by Young, second by Burnside. RE: APPROVE MINUTES OF THE DECEMBER 13, 1993 REGULAR MEETING, DECEMBER 29, 1993 YEAR'S END MEETING AND JANUARY 3, 1994 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE ---PAGE BREAK--- BE IT RESOLVED, that the minutes of the December 13, 1993 Regular Meeting, December 29, 1993 Year's End Meeting and January 3, 1994 Organizational Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 49 Motion by Young, second by Smith. RE: AUTHORIZE COUNTY HIGHWAY SUPERINTENDENT TO ADVERTISE FOR BIDS FOR MATERIALS AND SUPPLIES FOR 1994 WHEREAS, in accordance with Section 103 of the General Municipal Law, all purchase contracts involving an expenditure of more then $10,000 and all contracts for Public Works involving an expenditure of more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this Section. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for materials and supplies for 1994 and/or participate with the State of New York in its bids, and BE IT FURTHER RESOLVED, that, as in the past, the Towns of Schuyler County and any municipality in Schuyler County so authorized by County Resolution be allowed to participate in said bids. VOTE: Passed 8-0. INTRO. NO. 2 - WITHDRAWN RE: AUTHORIZE COUNTY HIGHWAY SUPERINTENDENT TO ADVERTISE FOR BIDS FOR HIGHWAY ALARM SYSTEM AND LIGHTNING PROTECTION 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 advertisement for sealed bids in the manner provided by said Section. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for Highway Alarm System and Lightning Protection Rods as provided in the 1994 budget. DISCUSSION: Legislator Burnside asked if this would be included in the building project. David Lisk, Building Maintenance Supervisor, said he felt it should be in the same group and he would need specifications. Legislator Young, Chairman of the Highway Committee, recommended this resolution be withdrawn. ---PAGE BREAK--- RESOLUTION NO. 50 Motion by Young, second by Smith. RE: AUTHORIZE COUNTY HIGHWAY SUPERINTENDENT TO ADVERTISE FOR BIDS FOR TWO NEW MATERIAL SPREADERS 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 advertisement for sealed bids in the manner provided by said Section. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for two new material spreaders as provided for in the 1994 budget. VOTE: Passed 8-0. RESOLUTION NO. 51 Motion by Young, second by Smith. RE: APPOINTMENT OF HIGHWAY SUPERINTENDENT BE IT RESOLVED, that John Shimonsky be appointed as Schuyler County Highway Superintendent for a four-year term effective January 1, 1994 through December 31, 1997. DISCUSSION: Legislator Hastings commented that she felt Mr. Shimonsky was doing a wonderful job, but in the future the County should hire a Schuyler County resident that pays taxes in Schuyler County. VOTE: Passed 8-0. RESOLUTION NO. 52 Motion by Young, second by Smith. RE: ACKNOWLEDGE APPOINTMENT OF DEPUTY HIGHWAY SUPERINTENDENT BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges John Shimonsky's appointment of Terence E. Wolverton as Deputy Highway Superintendent for a four-year term effective January 1, 1994 through December 31, 1997. VOTE: Passed 8-0. RESOLUTION NO. 53 Motion by Young, second by Smith. RE: AUTHORIZE HIRING OF KELLY SERVICES CLERICAL WORKER - MENTAL HEALTH ---PAGE BREAK--- WHEREAS, a clerical employee is currently on disability with an anticipated return date of March 1, 1994, and temporary help is necessary to maintain coverage at both sites. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Mental Health Clinic be authorized to hire one clerical worker at a rate not to exceed $9.00 per hour through Kelly Temporary Services, 55 Ferris Street, Corning, NY 14830, on an as needed basis, retroactively to January 18, 1994 until March 1, 1994 or such time as the disabled employee returns to work, whichever is sooner; funding for such services is available in the 1994 budget in Account No. 4310.435. VOTE: Passed 8-0. RESOLUTION NO. 54 Motion by Hastings, second by Smith. RE: CONTRACT - CIASCHI, DIETERSHAGEN, LITTLE & MICHELSON - 1994 - MENTAL HEALTH BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Ciaschi, Dietershagen, Little & Michelson in an amount not to exceed $1,500.00 for auditing services to Schuyler County for Mental Health Clinic CFR Audit for the year 1994; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 55 Motion by Hastings, second by Smith. RE: CONTRACT - SCHUYLER COUNTY CHAPTER ARC, INC. - 1994 - MENTAL HEALTH BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Schuyler ARC, Inc. in an amount not to exceed $60,000.00 for services to the Schuyler County Community Services Board for the year 1994; agreement to be approved by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 56 Motion by Hastings, second by Smith. RE: CONTRACT FOR PARENTING EDUCATION PROGRAM - MENTAL HEALTH WHEREAS, there is an ongoing need for parenting education services in Schuyler County, and WHEREAS, the Schuyler County Child Abuse Task Force, Inc. and the Cornell Cooperative Extension of Schuyler County, in cooperation with Schuyler County Youth ---PAGE BREAK--- Bureau and Schuyler County Mental Health Clinic have provided a well-received and successful parent training and nurturing program in 1992 and 1993, and WHEREAS, funding is needed to continue to provide for children and parents who are still in need of these services, and WHEREAS, funding is available through NYS Office of Mental Health to support prevention, consultation and education activities in the County, with no cost to the County. NOW, THEREFORE, BE IT RESOLVED, the Chairman of this Legislature be, and hereby is, authorized to sign a contract with Schuyler County Child Abuse Task Force, Inc. and Cornell Cooperative Extension of Schuyler County for parenting education services through Community Support Program (CSP) funding, not to exceed $3,200, contract subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 57 Motion by Smith, second by Burnside. RE: CONTRACT - SCHUYLER HOSPITAL, INC. - 1994 - MENTAL HEALTH BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Schuyler Hospital, Inc., in an amount not to exceed $165,000.00 for alcohol treatment and prevention services to the Schuyler County Community Services Board for the year 1994; said subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 58 Motion by Smith, second by Burnside. RE: CONTRACT - COUNCIL ON ALCOHOLISM OF THE FINGER LAKES, INC. BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with The Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc., for the year 1994, in an amount not to exceed $56,000, said sum having been budgeted in the 1994 budget from 100% New York State monies; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 59 Motion by Smith, second by Burnside. ---PAGE BREAK--- RE: TERMINATE LEASE AGREEMENT - SCHUYLER COUNTY CHILD CARE COORDINATING COUNCIL WHEREAS, Cooperative Extension of Schuyler County (Child Care Coordinating Council) had entered into a one year lease with the County for office space at the Rural Urban Center, and WHEREAS, said space is no longer large enough and alternate space has been found, and WHEREAS, the Child Care Coordinating Council has vacated said office as of November 1, 1993. NOW, THEREFORE, BE IT RESOLVED, that as of January 31, 1994 the Schuyler County Child Care Coordinating Council be released from the Lease Agreement with Schuyler County which began September 1, 1993 and was to end August 31, 1994. VOTE: Passed 8-0. RESOLUTION NO. 60 Motion by Young, second by Karius. RE: AUTHORIZE ANNUAL MAINTENANCE CONTRACT WITH DUPLICATING PRODUCTS, INC. FOR SHARP COPIER - REAL PROPERTY TAX SERVICE AGENCY WHEREAS, the warranty is expired for the Sharp copier (model number SF-8300) in the Real Property Tax Service Agency and an annual maintenance agreement is available for $378.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign a maintenance agreement on the aforementioned; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 61 Motion by Young, second by Karius. RE:AUTHORIZE BIDS FOR ABSTRACTING SERVICES FOR 1994 TAX AUCTION PROPERTIES - REAL PROPERTY TAX SERVICE AGENCY BE IT RESOLVED, that the Clerk of this Legislature be, and hereby is, authorized to advertise for bids for abstracting services for the 1994 tax auction properties, and BE IT FURTHER RESOLVED, bids are to be received no later than 5:00 p.m. on March 3, 1994 by the Clerk of the Legislature. Bids are to be opened and considered at the Finance Committee Meeting on March 4, 1994 at which time recommendation for Legislative action will be made; acceptance or rejection of bids to be made at the March ---PAGE BREAK--- 14, 1994 Regular Meeting of the Legislature; the County of Schuyler reserves the right to accept or reject any and all bids. VOTE: Passed 8-0. RESOLUTION NO. 62 Motion by Young, second by Karius. RE: SET DATE - 1994 TAX SALE AUCTION BE IT RESOLVED, that the 1994 Tax Sale Auction be scheduled for the 10th day of September, 1994 at 10:00 a.m. in the Rural Urban Center, 208 Broadway Street, Montour Falls, New York. VOTE: Passed 8-0. RESOLUTION NO. 63 Motion by Smith, second by Young. RE: APPROVE APPLICATION FOR CORRECTED TAX ROLL - TOWN OF CAYUTA - JAN. 1, 1994 LEVY WHEREAS, the Real Property Tax Director has received applications for correction of tax map parcels 115.-1-14.2 & 115.-1-14.12, owned by Burt & Carol Denson and for tax map parcels 115.-1-14.112 & 115.-1-14.113, owned by Leroy & Corrie Denson due to Real Property Tax Law Section 550(1)i (an entry on a tax roll which is incorrect by reason of a mistake in transcription of a relevied school tax) and, WHEREAS, it is the recommendation of the Real Property Tax Director and the Assessment and Taxation Committee that said application be approved based upon the determination of findings. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute approval of said application, authorizing the aforementioned applications. VOTE: Passed 8-0. RESOLUTION NO. 64 Motion by Smith, second by Young. RE: AUTHORIZE APPLICATION FOR CORRECTED TAX ROLL - TOWN OF READING - JAN 1, 1994 LEVY WHEREAS, the Real Property Tax Director has received an application for a correction to the tax roll for parcel 52.-1-11, owned by the Village of Watkins Glen, due to Real Property Tax Law Section 550(7)a (an assessment of wholly exempt property on the taxable portion of the tax roll) and, ---PAGE BREAK--- WHEREAS, it is the recommendation of the Real Property Tax Director and the Assessment and Taxation Committee that said application be approved based upon the determination of findings. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute approval of said application, authorizing the aforementioned application, and BE IT FURTHER RESOLVED, that the County Treasurer make an adjustment to the Town of Reading in the amount of $56.39 for the 1995 due county. VOTE: Passed 8-0. RESOLUTION NO. 65 Motion by Smith, second by Young. RE: AUTHORIZE SOFTWARE/HARDWARE UPGRADE - REAL PROPERTY TAX SERVICE AGENCY WHEREAS, there are funds in the 1994 Central Data Processing Budget for a Novell netware upgrade in the amount of $2,300.00 and, WHEREAS, the network servicing the Real Property Tax Service Agency, Home Health Agency, Watershed Department, Civil Service/Personnel Department and the Legislative Office need additional hard drives (640 MG ESDI Drive & 170 MG IDE drive), a 3 1/2 floppy drive and a tape back-up unit to accommodate existing and future needs, at a cost not to exceed $2,350.00, that can be funded from a transfer in the central data processing budget, and WHEREAS, these requests have been reviewed and approved by the Computer Coordination Committee. NOW, THEREFORE, BE IT RESOLVED, that the Real Property Tax Service Agency be authorized to purchase a Novell netware upgrade at a cost not to exceed $2,300.00 with 1994 budgeted funds and purchase additional hard-drive(s) and a tape back-up device at a cost not to exceed $2,350.00 from a fund transfer in Central Data Processing, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer funds from Account No. 1680.426 to Account No. 1680.200 in the amount of $2,350.00 to cover the cost of the hardware. VOTE: Passed 8-0. RESOLUTION NO. 66 Motion by Young, second by Burnside. RE: SOFTWARE SUBSCRIPTION SERVICE AGREEMENT - TREASURER'S OFFICE ---PAGE BREAK--- WHEREAS, the annual fee for software subscription & telephone hot line support for KVS software utilized by the Treasurer's Office from KVS Information Systems will be $6,390.75 from January 1, 1994 through December 31, 1994. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign a contract for annual software subscription and telephone hot line support services through KVS Information Systems in the amount of $6,390.75, to be funded from the 1680.532 Central Data Processing account, subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 67 Motion by Young, second by Burnside. RE: RESOLUTION ESTABLISHING CHARTER MEMBERSHIP IN THE COUNTY GIS COOPERATIVE AND SUPPORTING THE BOARD APPLICATION FOR SARA FUNDING WHEREAS, GIS (Geographic Information Systems) is a computer technology that combines the power of database applications with the ability to associate database records with computer graphics to produce "smart maps", and WHEREAS, the County Cooperative For Effective Implementation of GIS Technology was created to establish a cooperative statewide board of county representatives to move forward to meet the need for coordination, and WHEREAS, Southern Tier Central Regional Planning and Development Board, as the intended administrative support group for this board is making application on their behalf for a grant of money from the State Archives and Records Administration of the New York State Department of Education, to provide for the cost of support of the activities of the Cooperative. NOW, THEREFORE, BE IT RESOLVED, that the Legislature of Schuyler County hereby wishes to become a charter member of the County Cooperative and commits to using it as the appropriate body and forum for statewide coordination of development of GIS technology, and BE IT FURTHER RESOLVED, that we hereby appoint Rhonda Darling to serve as our representative to the Cooperative Board. VOTE: Passed 8-0. RESOLUTION NO. 68 Motion by Young, second by Burnside. RE: COUNTY SEAL FOR SUBROGATION OF BENEFITS ---PAGE BREAK--- WHEREAS, SSL 366 and New York State Department of Social Services Administrative Directive 92 ADM 19 require the local district of Social Services in certain circumstances to obtain subrogation of Third Party Health Insurance benefits from legally responsible relatives/absent parents on behalf of the Department to offset medical assistance costs or in pursuit of a child support court order, and WHEREAS, the letters requesting subrogation of benefits requires a district seal, and WHEREAS, the district uses the county seal. NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature or her designee be, and hereby is, authorized to affix the county seal to the subrogation letters. VOTE: Passed 8-0. RESOLUTION NO. 69 Motion by Smith, second by Hastings. RE: WAIVE THE REQUIREMENT FOR TRANSFER OF FUNDS - WATERSHED WHEREAS, the Rules of Procedure of the Schuyler County Legislature require committee approval of any expenditure not included in the budget, and WHEREAS, the Watershed Department has received a car insurance bill for $578.00 and has only budgeted $550.00 for 1994 in Account No. 4050.418. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby waive Rule 22 for the committee approval for payment of the $578.00 car insurance bill, and BE IT FURTHER RESOLVED, that this Legislature does approve the payment of this amount and the transfer of $28.00 from Account 4050.444 to Account No. 4050.418. VOTE: Passed 8-0. RESOLUTION NO. 70 Motion by Smith, second by Hastings. RE: APPROVE HIGHWAY DEPARTMENT PURCHASE OF MATERIAL SPREADER WHEREAS, the Highway Committee approved the purchase of one material spreader, and WHEREAS, the 1993 machinery budget contained sufficient monies to cover the cost of one material spreader. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the purchase of one material spreader at a cost of $4,900 from Acct. No. 5130.262. VOTE: Passed 8-0. RESOLUTION NO. 71 Motion by Smith, second by Hastings. RE: WAIVER OF RESOLUTION NO. 345-85/AUTHORIZATION TO PROCEED WITH PROJECT SPECIFICATIONS RELATIVE TO CARPETING WHEREAS, carpeting for the Family Court Room and the south court office were included in the specifications for the Schuyler County Court House Addition & Renovation Project, and this is consistent with present carpeting in these areas, and WHEREAS, the County policy, per Resolution No. 345-85, is that any carpeting in county facilities must be approved by the Legislature. NOW, THEREFORE, BE IT RESOLVED, that the Legislature approves the installation of carpet in the above two referenced areas only. VOTE: Passed 8-0. RESOLUTION NO. 72 Motion by Karius, second by Burnside. RE: AUTHORIZE CHANGE ORDER GC-2 - CONTRACT WITH MC GUIRE & BENNETT, INC. WHEREAS, the general contractors, McGuire & Bennett, Inc. presented a proposal letter dated 12/14/93 regarding changing the date of substantial completion due to unforeseen conditions of the east foundation wall, and WHEREAS, on 2/1/94 the Building Project Committee reviewed the Change Order in reference to the contract with McGuire & Bennett, Inc. dated 7/28/93 and recommends authorization of GC-2, as follows: 1. The date of Substantial Completion will be on or about September 2, 1994. 2. The date of Substantial Completion will be contingent upon the ability or lack thereof to work during the winter months as well as any other unanticipated delays. Contract sum prior to this Change Order $1,303,754 Contract sum increased by this Change Order New contract sum will be $1,303,754. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize Chairman Franzese to sign Change Order GC-2, upon approval of the County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 73 Motion by Karius, second by Burnside. RE: CONTRACT RENEWAL - TOMPKINS COMMUNITY HOSPITAL FOR PHYSICAL THERAPY WHEREAS, the Home Health Agency would like to renew its contract with Tompkins Community Hospital for physical therapy from 2/1/94 to 1/31/95, and WHEREAS, Tompkins Community Hospital has requested a 4% rate increase of $1.47 per hour, raising the rate to $38.22 per hour, and a mileage reimbursement rate of $0.28 per mile. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Tompkins Community Hospital for physical therapy services from 2/1/94 to 1/31/95 at the rate of $38.22 per hour plus mileage at the rate of $0.28 per mile; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 74 Motion by Karius, second by Burnside. RE: AUTHORIZE PREPAYMENT OF VOUCHER - COUNTY HISTORIAN BE IT RESOLVED, that the Schuyler County Legislature hereby approves prepayment of the mileage voucher submitted by the County Historian to the Legislative Committee on February 10, 1994 for expenses accrued in 1993 in the amount of $620.15, and BE IT FURTHER RESOLVED, that the County Treasurer is authorized to transfer all funds remaining in the 1993 7510.4 accounts to Account No. 7510.430 to cover this voucher. VOTE: Passed 8-0. RESOLUTION NO. 75 Motion by Halpin, second by Burnside. RE: AUTHORIZE COMPENSATION TO COUNTY VETERINARIANS WHEREAS, Dr. Frank Fielder, County Veterinarian, verbally resigned in 1993, and ---PAGE BREAK--- WHEREAS, it is necessary to use the services of county veterinarians to organize Rabies Clinic, and WHEREAS, it is the recommendation of the Public Health Committee to increase the hourly rate paid to veterinarians for their services from $20.00 per hour to $25.00 per hour. NOW, THEREFORE, BE IT RESOLVED, that the Public Health Agency be authorized to use the services of county veterinarians for assistance with County Rabies Clinics at an hourly rate of $25.00 per hour. VOTE: Passed 7-0. (Abstention: Fitzsimmons) RESOLUTION NO. 76 Motion by Halpin, second by Burnside. RE: AUTHORIZATION TO ADVERTISE FOR BIDS - SENECA HARBOR PARK BE IT RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, authorized to advertise for bids for the repair of the Breakwater at Seneca Harbor Park, and BE IT FURTHER RESOLVED, that all bids must be sealed and received by the Clerk of the Schuyler County Legislature at the Court House, Franklin Street, Watkins Glen, New York 14891 no later than 5:00 p.m. on March 3, 1994 to be opened by the Community Development, Planning & Expansion Committee on March 4, 1994 at 9:00 a.m. and recommendation made to the entire Legislature for acceptance or rejection at the March 14, 1994 Regular Meeting of the Legislature; the Schuyler County Legislature reserves the right to accept or reject any and all bids. VOTE: Passed 8-0. RESOLUTION NO. 77 Motion by Halpin, second by Burnside. RE: AWARD QUOTE TO SCHAMEL BROTHERS FOR FISHING PIER RECONNECTION WHEREAS, Hunt Engineers has solicited several quotes for the reconnection of the Watkins Glen Fishing Pier, and WHEREAS, Schamel Brothers has made the lowest cost proposal at $3,721.00, and WHEREAS, Hunt Engineers advises acceptance of same. NOW, THEREFORE, BE IT RESOLVED, that the reconnection of the Watkins Glen Fishing Pier be awarded to Schamel Brothers in the amount of $3,721.00. ---PAGE BREAK--- VOTE: Passed 8-0. RESOLUTION NO. 78 Motion by Smith, second by Burnside. RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY ADMINISTRATIVE UNIT WHEREAS, representatives of the County have engaged in Collective Bargaining with the Civil Service Employees Association, Inc. for employees in the Schuyler County Administrative Unit, and WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years, 1994, 1995, and 1996 was reached with respect to employees in the Schuyler County Administrative Unit, and WHEREAS, the agreement has been duly ratified by the employees of the aforesaid bargaining unit on February 10, 1994. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby ratify and approve of the terms and contents of said collective bargaining agreement between the County of Schuyler and the Schuyler County Administrative Unit, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute the aforementioned agreement. VOTE: Passed 8-0. RESOLUTION NO. 79 Motion by Fitzsimmons, second by Young. RE: BENEFITS FOR SCHUYLER COUNTY EMPLOYEES NOT COVERED BY A BARGAINING AGREEMENT FOR 1994, 1995, AND 1996 BE IT RESOLVED, that all Schuyler County Employees, not covered by a bargaining agreement, shall receive the employee benefits provided in the Administrative Unit Contract for the years 1994, 1995 and 1996, in all matters not otherwise resolved. VOTE: Passed 8-0. RESOLUTION NO. 80 Motion by Fitzsimmons, second by Young. RE: PROCLAIM 1994 EMPLOY OLDER WORKERS WEEK WHEREAS, workers aged 55 and older are vital to the productivity and continued growth of the economy in Schuyler County, and ---PAGE BREAK--- WHEREAS, mature workers offer a lifetime of on-the-job experience, a strong work ethic and communication skills, and WHEREAS, mature workers serve as important role models for younger participants in the workforce, and WHEREAS, March 6-12, 1994 is National Employ Older Workers Week, and WHEREAS, member agencies on the Mature Workers Coordination Committee will recognize nine outstanding companies or agencies, employers who demonstrate they value the skills and contributions of mature workers by employing individuals aged 55 and older in Schuyler, Steuben and Chemung counties. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim the week of March 6-12, 1994 as EMPLOY OLDER WORKERS WEEK in Schuyler County. VOTE: Passed 8-0. RESOLUTION NO. 81 Motion by Fitzsimmons, second by Young. RE: AUTHORIZE COMPENSATION TO SCIDA WHEREAS, the County Legislature is seeking to provide the best and most cost-effective approach for the County to carry out its planning and economic development responsibilities in the future, and WHEREAS, SCIDA is an autonomous agency working towards development in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature will compensate SCIDA in the amount of $10,000 for the year 1994, in quarterly payments of $2,500 upon presentation of a properly documented voucher, in lieu of the in-kind services which have been provided by the Schuyler County Planning Department. VOTE: Passed 8-0. RESOLUTION NO. 82 Motion by Fitzsimmons, second by Burnside. RE: AUTHORIZE CREATION AND HIRING OF CUSTODIAN POSITION - BUILDINGS AND GROUNDS DEPARTMENT WHEREAS, it is the desire of the Buildings and Grounds Department to move in the direction of doing most of the office cleaning in the evening hours, and ---PAGE BREAK--- WHEREAS, it is appropriate to have someone in a leadership role during the evening hours, and WHEREAS, the Civil Service Commission has reviewed the duties statement and has titled this new position as Custodian. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Building Maintenance Supervisor to hire one Custodian to work the evening shift, and BE IT FURTHER RESOLVED, that said position be 40 hours per week and pay Grade X with a starting salary of $15,265 for 1994. VOTE: Passed 8-0. RESOLUTION NO. 83 Motion by Fitzsimmons, second by Burnside. RE: RESOLUTION FOR SURRENDER OF DRAINAGE EASEMENT WHEREAS, in 1939, one C.M. Howell and wife did grant to the County of Schuyler a drainage easement over certain premises in the vicinity of County Route 2 by Deed recorded in the Schuyler County Clerk's Office in Liber 83 of Deeds at Page 401, and WHEREAS, said easement allegedly adversely affects the title to premises now owned by John Carlucci and Verna Gehring, his wife, and WHEREAS, the County Highway Superintendent finds that no useful purpose would be served by retention of this easement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a Release and Surrender of said easement in the hereunto annexed (on file). VOTE: Passed 7-0. (Abstention: Karius) RESOLUTION NO. 84 Motion by Fitzsimmons, second by Burnside. RE: TAXES ON LAND PURCHASED BY THE UNITED STATES GOVERNMENT WHEREAS, the United States Government has purchased the following parcels of land: TAX MAP NUMBER RECORDED 2.-1-40.111 Liber 298, Page 510, 12/29/93 45.-1-9 Liber 298, Page 398, 12/21/93 ---PAGE BREAK--- 45.-1-10 Liber 298, Page 398, 12/21/93 33.-1-90 Liber 297, Page 43, 12/28/92, and WHEREAS, Section 558 of the Real Property Tax Law requires the cancellation of any tax liens which are not enforceable against property of the United States and allows for the chargeback of the town and relevied school taxes to the appropriate entities. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to cancel all county taxes levied after the recording of deeds on the above listed parcels and chargeback to the Town of Hector and the Watkins Glen Central School their portion of the taxes. VOTE: Passed 8-0. RESOLUTION NO. 85 Motion by Smith, second by Young. RE: LASER PRINTER - TREASURER'S OFFICE WHEREAS, the 1994 Central Data Processing budget includes $7,000 for a laser printer for the Treasurer's Office, and WHEREAS, research into maintenance and operational costs for the printer originally budgeted for proved not to be cost effective. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to purchase a laser printer at a cost not to exceed $4200 that will be charged to the 1680.246 account, said purchase approved by the Computer Coordination Committee. VOTE: Passed 8-0. RESOLUTION NO. 86 Motion by Smith, second by Young. RE: MILEAGE REIMBURSEMENT FOR CERTAIN VOLUNTEERS WHEREAS, this Legislature has been informed that a change in the mileage allowance for certain volunteers would be detrimental and possibly lead to the loss of volunteer services. NOW, THEREFORE, BE IT RESOLVED, that the mileage allowance for all RSVP volunteers who drive for any Schuyler County agency shall continue to be reimbursed at $.28 per mile upon presentation of a properly executed voucher. VOTE: Passed 8-0. RESOLUTION NO. 87 Motion by Smith, second by Young. ---PAGE BREAK--- RE: AMEND RESOLUTION NO. 20-94 - 1994 SALARY SCHEDULE WHEREAS, the collective bargaining agreement with the Schuyler County Administrative Unit has been duly ratified, and WHEREAS, there are necessary corrections to the previously adopted salary schedule per Resolution No. 20-94. NOW, THEREFORE, BE IT RESOLVED, that the 1994 Salary Schedule be adopted as amended and the amended document be made part of Resolution No. 20-94, said salary schedule to be published forthwith. VOTE: Passed 8-0. RESOLUTION NO. 88 Motion by Fitzsimmons, second by Halpin. RE: PERSONNEL ACTIONS FULL-TIME ADMINISTRATIVE POSITIONS - 121 PART-TIME ADMINISTRATIVE POSITIONS - 55 FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4 FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23 APPOINTMENTS: EFFECTIVE NAME TITLE DEPARTMENT DATE SALARY TYPE ELECTED OFFICIALS FRANZESE, Legislator Legislature 1/1/94- 5,000 Term Angeline B. 12/31/95 FRANZESE, Chairman Legislature 1/1/94- 7,000 Term Angeline B. 12/31/94 SMITH, Philip Legislator Legislature 1/1/94- 5,000 Term 12/31/95 ---PAGE BREAK--- FITZSIMMONS, Legislator Legislature 1/1/94- 5,000 Term Robert J. 12/31/95 HASTINGS, Legislator Legislature 1/1/94- 5,000 Term Patricia L. 12/31/95 HALPIN, Barbara Legislator Legislature 1/1/94- 5,000 Term 12/31/95 YOUNG, Charles Legislator Legislature 1/1/94- 5,000 Term 12/31/95 BURNSIDE, Legislator Legislature 1/1/94- 5,000 Term Robert E. 12/31/95 KARIUS, Doris Legislator Legislature 1/1/94- 5,000 Term 12/31/95 MALONEY, Sheriff Sheriff 1/1/94- 42,000 Term Michael J. 12/31/97 GLICK, Betty V. County Clerk County Clerk 1/1/94- 32,000 Term 12/31/97 ARGETSINGER, District District 1/1/94- 30,000 Term J.C. Attorney Attorney 12/31/97 APPOINTED OFFICIALS COLEMAN, James County Atty. County Atty. 1/1/94- 34,500 Term 12/31/95 HALPIN, James Public Public 1/1/94- 27,927 Term Defender Defender 12/31/94 ---PAGE BREAK--- CRAIG, Doris J. Clerk of Legislature 1/1/94- 25,958 Term Legislature 12/31/95 WILLIS, Gail M. Deputy Clerk Legislature 1/1/94- 20,519 Term of Legislature 12/31/95 FAZZARY, Joseph Asst. Dist. District 1/1/94- 18,339 Term Attorney Attorney 12/31/97 MAYO, Joanne Sec'y. to District 1/1/94- 9.0229 Term Dist. Atty. Attorney 12/31/97 Hourly EFFECTIVE NAME TITLE DEPARTMENT DATE SALARY TYPE PIERCE, Keith Correct. Ofr. Sheriff 1/3/93 9.60Hr Perm WARREN, Donald Support Inv. Social Svcs. 1/3/94 16,141 Prov FOLNSBEE, B. Soc. Welf. Ex.Social Svcs. 1/3/94 16,141 Prov NAME TITLE DEPARTMENT DATE OTHER: COLLINS, Robert E. Legislator Legislature 12/31/93 (End of Term) RESIGNATIONS: GROOM, Mary Ann Personnel Clerk Civil Service 1/7/94 SUSPENSIONS: MITCHELL, Lola M. Director Youth Bureau 1/11/94 ---PAGE BREAK--- (Without Pay) BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature. VOTE: Passed 7-0. (Abstention: Halpin) RESOLUTION NO. 89 Motion by Fitzsimmons, second by Halpin. RE: AUTHORIZE CONTRACT WITH COOPERATIVE EXTENSION FOR SOLID WASTE COORDINATOR WHEREAS, Cooperative Extension has submitted a proposal for a Solid Waste Coordinator for Schuyler County, and WHEREAS, there are monies in the 1994 budget allocated for same, and WHEREAS, the position needs to be in place by April 1, 1994 for grant purposes. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to negotiate a contract with Cornell Cooperative Extension for a Solid Waste Coordinator position for Schuyler County at a cost not to exceed $25,000, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be further authorized to execute said contract; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer $25,000 from account no. 8160.100 to appropriate contractual expense account to cover cost of same. VOTE: Passed 7-1. No: Hastings. RESOLUTION NO. 90 Motion by Fitzsimmons, second by Halpin. RE: APPOINTMENT OF FINGER LAKES ASSOCIATION REPRESENTATIVE AND ALTERNATE FOR 1994 BE IT RESOLVED, that Angeline B. Franzese, Chairman of the Schuyler County Legislature, be appointed to represent Schuyler County on the Finger Lakes Association Board of Directors for 1994, and BE IT FURTHER RESOLVED, that the Schuyler County Chamber of Commerce President, Maxine C. Neal, be designated as the official alternate to represent Schuyler ---PAGE BREAK--- County on the Finger Lakes Association Board of Directors with all rights and privileges appurtenant thereto, effective from the date of adoption through February 15, 1995. VOTE: Passed 8-0. RESOLUTION NO. 91 Motion by Hastings, second by Young. RE: SUPPORT AND PARTICIPATION IN THE ECONOMIC DEVELOPMENT DISTRICT PROGRAM OF THE SOUTHERN TIER CENTRAL REGIONAL PLANNING AND DEVELOPMENT BOARD AND REQUEST THAT THE ECONOMIC DEVELOPMENT ADMINISTRATION CONTINUE TO PROVIDE ADMINISTRATIVE FUNDING SUPPORT WHEREAS, the Southern Tier Central Regional Planning and Development Board was created by resolution of two or more counties within the area comprised of Chemung, Schuyler and Steuben Counties, pursuant to Article 12-B of the General Municipal Law of the State of New York, and WHEREAS, in October 1972 the Counties of Chemung, Schuyler and Steuben adopted resolutions requesting that the Southern Tier Central Planning and Development Board be designated as the Economic Development District agency under the Public Works and Economic Development Act of 1965, and WHEREAS, the Economic Development Administration has declared that all three counties are eligible for certain benefits under the provisions of the Public Works and Economic Development Act of 1965, as amended, thereby making available both emergency and normal funding grants to assist the region in its economic development activities. NOW, THEREFORE, BE IT RESOLVED, that the Legislature of the County of Schuyler does hereby continue to support and participate in the Economic Development District Program of the Southern Tier Central Regional Planning and Development Board. The County provides local share funding to assist the District in utilization of EDA administrative grant funds to carry on a region-wide program of economic activities to improve the local economy, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature requests that the Economic Development Administration continue to provide admini-strative funding support to the Southern Tier Central Regional Planning and Development Board as the designated and established Economic Development District for the Southern Tier Region of the State of New York. VOTE: Passed 8-0. RESOLUTION NO. 92 Motion by Hastings, second by Young. ---PAGE BREAK--- RE: PREPAYMENT OF CLAIMS BE IT RESOLVED, that the Schuyler County Legislature does hereby approve prepayment of claims only in accordance with the provisions of County Law Section 369, upon advice of the New York State Office of Audit & Control. VOTE: Passed 8-0. RESOLUTION NO. 93 Motion by Hastings, second by Young. RE: AUTHORIZE TEMPORARY HELP - TREASURER'S OFFICE WHEREAS, the Treasurer's Office currently has an employee out on disability which may necessitate hiring temporary help to maintain the operation of the office. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve hiring temporary help either through Civil Service or a temporary service agency if deemed necessary, said action subject to approval of the Personnel Director. VOTE: Passed 8-0. RESOLUTION NO. 94 Motion by Smith, second by Fitzsimmons. RE: ABOLISH ONE FULL-TIME REAL PROPERTY TECHNICIAN POSITION - REAL PROPERTY TAX SERVICE AGENCY BE IT RESOLVED, that one full-time position of Real Property Technician in the Real Property Tax Service Agency be, and hereby is, abolished, effective February 15, 1994. VOTE: Passed 8-0. RESOLUTION NO. 95 Motion by Smith, second by Fitzsimmons. RE: AUTHORIZE ANNUAL TAX MAP MAINTENANCE CONTRACT - REAL PROPERTY TAX SERVICE AGENCY BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an annual tax map maintenance contract with Weiler Mapping in the amount of $10,000.00 for the year 1994, subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 96 Motion by Smith, second by Fitzsimmons. RE: POSTPONE DUE DATE FOR 1994 GOALS OF DEPARTMENT HEADS ---PAGE BREAK--- WHEREAS, the Administrative Committee is planning a department head's workshop to provide guidelines for establishing goals for 1994, and WHEREAS, that workshop is tentatively scheduled for February 25. NOW, THEREFORE, BE IT RESOLVED, that the deadline for Department Heads to submit 1994 goals shall be extended to April 1, 1994. VOTE: Passed 8-0. RESOLUTION NO. 97 Motion by Hastings, second by Young. RE: ONE-YEAR APPOINTMENTS BE IT RESOLVED, that the Schuyler County Legislature approves the following appointments effective immediately and terminating December 31, 1994 to the following programs, boards and councils, to wit: FIRE SAFETY ADVISORY BOARD BEAVER DAMS: Roger Bebout George Miller BURDETT: Mark Martin Roy Stegner MECKLENBURG: William Ward Jay Russell MONTEREY: Mike Pierce Ron Ames MONTOUR FALLS: James Hoxie Mike Davis ODESSA: Robert Burns TYRONE: William Kennedy Tom Dykes ---PAGE BREAK--- V.L. HECTOR: Tom Harbot WATKINS GLEN: Ted Specchio REGION 8 OPEN SPACE ADVISORY COMMITTEE James Howell, Watershed Inspector INTER-COUNTY ASSOCIATION Philip C. Smith Robert J. Fitzsimmons Robert E. Burnside PLANNING COMMISSION John Barton Catharine Marion Boyce Dix Linn Henry Hector William Menzi Montour George Ferri Orange Kaye Anderson Reading Dale Walters Burdett Steven Kenyon Montour Falls David W. Lisk Odessa Josephine Wright Watkins Glen Jim Guild Business Interest Hazel Shader Farming Interest Bill Newell Tourist Interest Barbara Chapman Medical Interest Robert Swinnerton Medical Alternate Rocco Fragola Industrial Interest Antoinette Martin Industrial Alternate ---PAGE BREAK--- John Shimonsky Ex-Officio Tom McGarry Ex-Officio Tom Brace Ex-Officio REGIONAL HOUSING COUNCIL David Kelly RSVP ADVISORY BOARD Robert E. Burnside SOIL & WATER CONSERVATION BOARD Patricia L. Hastings Doris L. Karius YOUTH BOARD Phil Barnes James Chedzoy Doolittle Laura Merrill Elaine Lloyd Prosperi Anne Balch Ronald Alexander Sevelon Tunnicliff Donald Dryden Jessica Colon Charles Young Delmar Bleiler Mike Johnston VOTE: Passed 8-0. RESOLUTION NO. 98 Motion by Halpin, second by Young. RE: TWO-YEAR APPOINTMENTS BE IT RESOLVED, that the Schuyler County Legislature approves the following appointments effective immediately and terminating December 31, 1995 to the following programs, boards and councils, to wit: BARGAINING COMMITTEES Barbara J. Halpin, Administrative Chairman Charles E. Young, Highway Chairman Robert E. Burnside, Public Safety Chairman Angeline B. Franzese, Chairman Doris J. Craig, Clerk Margaret A. Jensen, Personnel Director ---PAGE BREAK--- CHAMBER OF COMMERCE Barbara J. Halpin COOPERATIVE EXTENSION SERVICE Barbara J. Halpin FISH AND WILDLIFE MANAGEMENT BOARD Philip C. Smith, Legislator Patricia L. Hastings, Legislative Alternate Barlow Rhodes, Sportsmen Rep. HISTORICAL SOCIETY Robert E. Burnside HUMAN SERVICES Robert J. Fitzsimmons SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD Angeline B. Franzese Robert E. Burnside David Kelly Richard Bornholdt, Planning Commission Chair Ramona Barton, Regional Representative SULLIVAN TRAIL RESOURCE, CONSERVATION & DEVELOPMENT COUNCIL Patricia L. Hastings SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY Robert E. Burnside DISCUSSION: Legislator Hastings had originally moved this introduction, however after expressing opposition to not having the Chair of the Planning Committee appointed to the Industrial Development Agency, she withdrew her motion. VOTE: Passed 6-2. (Noes: Karius & Hastings). RESOLUTION NO. 99 Motion by Halpin, second by Young. RE: FOREST PRACTICE BOARD BE IT RESOLVED, that the Schuyler County Legislature approve the appointment of David Skeval to the Forest Practice Board for the term January 1, 1994 through December 31, 1996. VOTE: Passed 8-0. RESOLUTION NO. 100 Motion by Hastings, second by Karius. RE: HISTORIAN AND DEPUTY HISTORIAN ---PAGE BREAK--- BE IT RESOLVED, that the Schuyler County Legislature approve the appointment of Barbara Bell as Historian and Louise Stillman as Deputy Historian for the year 1994. VOTE: Passed 8-0. RESOLUTION NO. 101 Motion by Hastings, second by Karius. RE: AUTHORIZE COUNTY TREASURER TO PAY AUDIT WITHIN FUNDS WHEREAS, the bills have been audited and ordered paid. NOW, THEREFORE, BE IT RESOLVED, that Abstract 1 of 1994, bills numbered as follows: General Fund #0001 - #0686, #0764; Capital General Fund #0687 - 0700; Trust Fund #0557; County Road Fund #0701 - #0719; #H1 - #H19; Machinery Fund #0720- #0763; #H20 - #H63, as certified by the Chairman and Deputy Clerk of the Schuyler County Legislature, be transmitted to the County Treasurer, and BE IT FURTHER RESOLVED, the County Treasurer is authorized to make direct payment by check of the amounts shown and that the respective accounts be charged the amounts allowed. Summary of Accounts I General Fund Human Services Committee $ 24,526.50 Legislative Committee 5,576.63 Agriculture/Natural Resource 12,250.00 Finance Committee 9,205.82 Administrative Committee 10,102.73 Corrections, Refor. & Ed. 20,244.83 Co. Clerk/Elections Comm. 2,262.87 Public Health Committee 45,476.62 Mental Health Committee 63,087.85 Public Safety Committee 40,095.67 Assessment/Taxation Comm. 10,647.48 ---PAGE BREAK--- Buildings & Grounds Comm. 54,490.50 Community Development, Planning & Expansion 21,371.21 Highway Committee 71.27 Total General Fund..........$324,409.98 II Capital General Fund Total Capital General Fund..$ 58,421.98 III Trust Fund Gazebo Fund $ 23.00 IV County Road Fund Highway Committee $ 25,839.13 Total County Road 25,839.13 V Machinery Fund Highway Committee $ 14,532.80 Total Machinery 14,532.80 TOTAL AUDIT.....$423,226.09 APPROVED/s/ Angeline B. Franzese APPROVED/s/ Doris J. Craig Chairman Deputy Clerk Schuyler County Legislature Schuyler County Legislature VOTE: Passed 8-0. REPORT ON STANDING COMMITTEES: Legislator Halpin reported that there will be a Building Project Committee meeting March 1st at 9:00 a.m. with the Communications Consultant and urged all legislators to attend. UNFINISHED BUSINESS: MOTION by Young, SECOND by Burnside to bring Resolution No. 521 off from the table. Motion carried eight ayes to zero noes. Legislator ---PAGE BREAK--- Smith respectfully requested that the question be divided into two portions. After discussion, Chairman Franzese stated that Mr. Smith's request is not debatable and the question was divided into two parts. After more discussion, MOTION by Hastings, SECOND by Halpin to "call for the question". RESOLUTION NO. 521 Motion by Young, second by Halpin. RE: APPOINTMENTS - SCIDA WHEREAS, J. William Moffett and C. LaMont Stamp have completed their terms as members of the SCIDA Board and do not wish to be reappointed, the Schuyler County Legislature wishes to extend its sincere gratitude to both of these men for their years of service. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves Chairman Franzese's appointment of Dirk Stephens to the Schuyler County Industrial Development Agency for the term 1/1/94 -12/31/96, and BE IT FURTHER RESOLVED, that the original Certificate of Appointment be forwarded to the Department of State (Division of Miscellaneous Records) for recording. VOTE: Passed 8-0. RESOLUTION NO. 521B Motion by Young, second by Halpin. RE: APPOINTMENTS - SCIDA WHEREAS, J. William Moffett and C. LaMont Stamp have completed their terms as members of the SCIDA Board and do not wish to be reappointed, the Schuyler County Legislature wishes to extend its sincere gratitude to both of these men for their years of service. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves Chairman Franzese's appointment of Thomas Ryan to the Schuyler County Industrial Development Agency for the term 1/1/94 - 12/31/96, and BE IT FURTHER RESOLVED, that the original Certificate of Appointment be forwarded to the Department of State (Division of Miscellaneous Records) for recording. VOTE: FAILED 3-5. (Noes: Karius, Smith, Fitzsimmons, Hastings & Burnside) Legislator Hastings requested the Chairman to consider suspension of the rules to allow the Legislature to vote upon another appointment to SCIDA. Attorney Coleman confirmed that as long as the Legislature is not committed to a new nomination process with SCIDA, a motion to suspend the Rules would be allowable. MOTION by Hastings to suspend the Rules. ---PAGE BREAK--- RESOLUTION NO. 102 Motion by Hastings, second by Smith & Karius. RE: APPOINTMENT - SCIDA BE IT RESOLVED, that the Schuyler County Legislature approve the appointment of David Kunzman to the Schuyler County Industrial Development Agency for the term 1/1/94-12/31/96, and BE IT FURTHER RESOLVED, that the original Certificate of Appointment be forwarded to the Department of State (Division of Miscellaneous Records) for recording. VOTE: Passed 8-0. Chairman Franzese requested that the legislator who has a conflict of interest announce this conflict publicly as soon as possible as requested by the State auditors in December of 1993. NEW BUSINESS: None. PUBLIC PARTICIPATION - 8:43 P.M.: Casey Creamer was provided answers to Resolution No. 86. Lory Peck asked what the Executive Session was going to be about and Chairman Franzese advised it would be to discuss possible disciplinary action relative to an employee. Public Participation was closed at 8:48 p.m. MOTION by Burnside, SECOND by Karius to go into Executive Session to discuss possible disciplinary action relative to an employee. Motion carried seven ayes to one no. (No: Smith). MOTION by Fitzsimmons, SECOND by Young to empower the Chairman to negotiate a settlement agreement with Lola Mitchell as agreed upon in discussion tonight, and have Margaret Jensen, Personnel Director, be the supervisor for Lola Mitchell in accordance with the settlement agreement. Motion carried seven ayes to one no. (No: Hastings). MOTION by Fitzsimmons, SECOND by Young to come out of Executive Session at 9:44 p.m. Motion carried eight ayes to zero noes. RESOLUTION NO. 103 Motion by Fitzsimmons, second by Young. 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. 104 Motion by Smith, second by Karius. ---PAGE BREAK--- RE: AUTHORIZE CHAIRMAN TO SIGN AGREEMENT IN SETTLEMENT OF DISCIPLINARY CHARGES WHEREAS, per Resolution No. 35 adopted January 14, 1994 this Legislature authorized the initiation of Section 75 Proceedings of the New York State Department of Civil Service Law regarding Lola Mitchell. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts Lola Mitchell's admission of the charges, to be evidenced by her execution of the Release and Waiver of All Rights and Agreement in Settlement of Disciplinary Charges referenced to below, and the penalty set forth in the settlement agreement in full resolution of this matter, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign the Release and Waiver of All Rights and Agreement in Settlement of Disciplinary Charges relative to this matter, as approved by Labor Counsel, Ronald Mendrick. VOTE: Passed 7-1. (No: Hastings) RESOLUTION NO. 105 Motion by Karius, second by Hastings. RE: INCREASE APPROPRIATIONS/TRANSFER OF FUNDS - SOIL & WATER CONSERVATION BE IT RESOLVED, that this Legislature hereby authorizes the increase of 1994 appropriations for the Soil & Water Conservation Board from $49,000 to $51,100, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $2,100 from Contingency Account No. 1990 to Account No. 8710.565 to cover this increase. VOTE: Passed 6-2. (Noes: Halpin & Franzese). The meeting adjourned at 9:48 p.m. Gail M. Willis, Deputy Clerk REGULAR MEETING MARCH 14, 1994 ---PAGE BREAK--- The March 14, 1994 Regular Meeting of the Schuyler County Legislature was called to order by Acting Chairman Smith at 6:30 p.m. The Pledge of Allegiance was led by Legislator Fitzsimmons and followed by a Moment of Silence. ROLL CALL: All Legislators were present, except Chairman Franzese and Legislator Burnside, who were excused to attend a meeting in Washington, D.C. County Attorney Coleman was also present. ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Acting Chairman Smith advised there would be three emergency resolutions at the end of the regular agenda. PUBLIC PARTICIPATION - 6:33 P.M.: Jean Kosty, Town of Tyrone, referencing an article in the Watkins Review & Express relative to Chairman Franzese's residence, asked if she had moved into the Bed & Breakfast Inn, which the Franzese's recently purchased. Mrs. Kosty stated, as Chairperson of the Republican Party, that prior to the elections she had received calls relative to Mrs. Franzese moving out of her district. Mrs. Kosty felt that the Legislature needs to look at this issue. Legislator Young explained that Chairman Franzese's residence suffered from severe plumbing problems and because the ground has been frozen, has not been able to resolve them. After further comment, Acting Chairman Smith asked Mrs. Kosty to return next month and ask Chairman Franzese directly. Casey Creamer, Burdett, asked why the Legislature adopted a resolution authorizing $.25 per mile reimbursement for employees not covered by a contract since this only affected management. He asked if the savings was worth the resentment and slow in productivity that was probably caused. Acting Chairman Smith said that one of the goals of negotiations was to reduce the mileage to $.25 per mile for all employees, however this was only successful with the Highway Unit. Acting Chairman Smith charged the Administrative Committee to study this issue. Bill Hayes spoke in favor of the positions to be created for the Mental Health Department on tonight's agenda. Mr. Hayes asked the Legislature to carefully consider these positions as the service delivery system is changing and there is an increase for mental health services in the community. Mary Wilson, Mental Health employee, spoke in support of the mental health positions stating that they are very important to the clinic. Mrs. Wilson said the positions do not affect the taxpayers and would bring state monies into Schuyler County. Mike Gehl, Administrator of The Falls Home, spoke in support of the mental health positions, also. Mr. Gehl commented that while they do not have a lot of clients with mental health problems, they do have a need for assistance with crisis intervention. Mr. Gehl said he has problems getting support from the mental health clinic because of lack of staff. Public Participation was closed at 6:52 p.m. RESOLUTION NO. 106 Motion by Young, second by Fitzsimmons. RE: AUTHORIZE LEASE AGREEMENT - CRAIG DDSO WHEREAS, Craig Developmental Disabilities Service Office is in need of office space, and ---PAGE BREAK--- WHEREAS, Schuyler County has an office located in the Rural Urban Center recently vacated by the Child Care Coordinating Council. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to enter into a lease agreement with Craig DDSO for approximately 332 square feet of space in the Rural Urban Center ar the rate of $9.00 per square foot per annum for the period commencing March 15, 1994 and terminating December 31, 1994; said lease to be prepared by the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 107 Motion by Fitzsimmons, second by Young. RE: STANDARDIZATION OF FIRE DETECTION AND ALARM EQUIPMENT WHEREAS, the Emergency Management Coordinator and the Buildings and Grounds Supervisor recommend that the County of Schuyler standardize its fire detection and alarm equipment for all County buildings, and WHEREAS, a substantial amount of equipment of the same make is presently being used by the County and that uniformity of this makes it essential to an economical and efficient operation, and WHEREAS, the department heads have recommended standardization for the purpose of savings in maintenance costs and for the compatibility of interfacing in the communications center of the Sheriff's Department. NOW, THEREFORE, BE IT RESOLVED, that in accordance with Section 103 of the General Municipal Law, and on the recommendation of the aforementioned department heads, the county, for reasons of economy and efficiency, standardizes fire detection and alarm equipment with Simplex Time Recorder Company. VOTE: Passed 6-0. RESOLUTION NO. 108 Motion by Fitzsimmons, second by Young. RE: ESTABLISH 1994 SEASONAL RATE SCHEDULE FOR LAKEFRONT MARINA WHEREAS, the sub-lease agreement entered into between Schuyler County Industrial Development Agency and Schamel Brothers on May 31, 1984 for the development of a marina, etc., provided that sub-lease, prior to January 25 of each lease year, provide a Season Rate Schedule with supporting documentation to SCIDA for its review and subsequent approval and recommendation to this Legislature and such approval has been given, and ---PAGE BREAK--- WHEREAS, the Buildings and Grounds Committee of this Legislature has approved and submitted to this Legislature, Schamel Brothers' proposed Rate Schedule dated January 25, 1994 for its consideration and approval, and WHEREAS, this Legislature has considered the Buildings and Grounds Committee's recommendation and concurs. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the following as the Village Marina's March 1st-October 30th, 1994 Seasonal Rate Schedule: DOCK WIDTH AMOUNT/FOOT MINIMUM WATER & ELECTRICITY 8' WIDE $24.00 $600.00 $80.00 10' WIDE 25.00 625.00 80.00 12' WIDE 26.00 650.00 80.00 14' WIDE 27.00 675.00 80.00 16' WIDE 28.00 700.00 80.00 Boat Lift Rental Sites $500.00 Dry Docking with Unlimited Use of Launch Ramp $325.00 1994 TRANSIENT RATES NO ELECTRIC W/ 15 AMP HOOKUP W/ 30 AMP HOOKUP Per Hour $ 1.00 $ 0 $ 0 Per Day 18.00 20.00 23.00 Per Week 108.00 120.00 138.00 Per Month 400.00 450.00 500.00 LAUNCHING RAMP FEES $4.00 Per Launch - Tenants Free $35.00 October 30th-March 1st w/ Unlimited Use, and BE IT FURTHER RESOLVED, no further rate increases will be approved until a report on lake front marina payments to public entities is prepared. VOTE: Passed 6-0. ---PAGE BREAK--- RESOLUTION NO. 109 Motion by Fitzsimmons, second by Young. RE: AUTHORIZE HIRING OF DIRECTOR OF OFFICE FOR THE AGING WHEREAS, Richard E. Cole, Director of the Office for the Aging is retiring March 25, 1994. NOW, THEREFORE, BE IT RESOLVED, that this Legislature does hereby appoint Carol Bossard as the Director of the Office for the Aging at a annual salary of $26,500 for 1994, said appointment to be effective March 26, 1994. VOTE: Passed 6-0. RESOLUTION NO. 110 Motion by Karius, second by Hastings. RE: COMMENDATION - RICHARD E. COLE - DIRECTOR OF OFFICE FOR THE AGING WHEREAS, Richard E. Cole will be retiring effective March 25, 1994 as Director of the Office for the Aging for the County of Schuyler to join the ranks of retirement, and WHEREAS, Dick helped establish the Schuyler County Office for the Aging, also known as the Area Agency on Aging, and has been its only Director, and WHEREAS, he has given over fourteen years of service to the elderly residents of this County and, along with his dedicated staff, developed and fostered many excellent programs and services to improve the quality of life for the elderly, and WHEREAS, the Schuyler County Legislature wishes to commend him for his years of service to Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that this Legislature commends and thanks Richard Cole for his dedication and hard work in carrying out his duties as Director of the Office for the Aging and recognizes his many hours above and beyond the call of duty to help serve the citizens of this county, and BE IT FURTHER RESOLVED, that this Legislature extends its sincere best wishes to Dick for a healthy, happy, well-deserved retirement, and BE IT FURTHER RESOLVED, that a signed, sealed copy of this resolution be presented to Richard Cole as a token of our appreciation. DISCUSSION: Legislator Hastings stated for the record, "In the short time I have been a legislator on this Board, there has not been a department head who has been more accommodating or more caring about the people in this County than Mr. Cole". Legislator Young seconded the comments. ---PAGE BREAK--- VOTE: Passed 6-0. RESOLUTION NO. 111 Motion by Karius, second by Hastings. RE: AUTHORIZE ACCEPTANCE OF GRANT FOR ENERGY PACKAGING - DSS WHEREAS, Schuyler County Department of Social Services has been awarded $22,430 in administrative funds by New York State Department of State to provide energy packaging activities to HEAP eligible households from November 1, 1993-October 31, 1994, according to an approved budget. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to sign the award letter to acknowledge terms and conditions of the grant; subject to approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 112 Motion by Karius, second by Hastings. RE: AUTHORIZE AGREEMENT WITH SHERIFF'S DEPARTMENT FOR TRANSPORTATION - DSS WHEREAS, New York State Division for Youth now allows for reimbursement of all direct costs related to transporting youth pending or adjudicated PINS/JD among other things to and from court, to and from detention facilities pursuant to a written agreement, and WHEREAS, Schuyler County Sheriff's Department provides transportation to youth adjudicated and for pending adjudication as JD/PINS. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an agreement between Schuyler County Department of Social Services and Schuyler County Sheriff's Department for youth transportation services for the period January 1, 1994-December 31, 1994 in an amount not to exceed $3,000.00 as budgeted in account no. 6010.4.5053; subject to approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 113 Motion by Hastings, second by Halpin. RE: TRANSFER OF FUNDS - MENTAL HEALTH WHEREAS, it is desirous to move the expenses for the copier machine from account no. 4310.434 Print and Xerox to account no. 4310.603 lease/purchase. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to create account no. 4310.603 and transfer funds totalling $3,200.00 from account no. 4310.434 to account no. 4310.603 in the 1994 Mental Health budget. VOTE: Passed 6-0. RESOLUTION NO. 114 Motion by Fitzsimmons, second by Halpin. RE: ESTABLISH PETTY CASH FUND FOR INTENSIVE CASE MANAGEMENT (ICM) WHEREAS, Resolution No. 336-93 authorized the pre-payment of expenses for the ICM Program, and WHEREAS, the intent of this resolution was to establish a required petty cash fund for this program. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to reverse the expense in the amount of $200.00 charged to account no. 4310.385 and establish a petty cash fund in the amount of $500.00 for this program. Reimbursement of the petty cash fund by voucher in the audit to be charged to account no. 4310.385. VOTE: Passed 8-0. RESOLUTION NO. 115 Motion by Hastings, second by Karius. RE: CREATE AND FILL SUPERVISING SOCIAL WORKER - MENTAL HEALTH WHEREAS, a Supervising Social Worker has been requested and approved in the 1994 State and Local Budgets for Schuyler County Mental Health Clinic, and WHEREAS, the Civil Service Commission has approved a duties statement and minimum qualifications and has titled said position, and WHEREAS, this position is necessitated by the increasing management and administrative workload and is essential to the continued smooth operation of our mental health services, and WHEREAS, the approved funding for this position is supported by increased State Aid and Revenues so that it represents no increase in cost to the County. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the creation of a Supervising Social Worker in the Mental Health Department, Grade XXXI, salary $32,426 for 1994 and authorizes the Director of Community Services to advertise ---PAGE BREAK--- and fill such position, effective immediately. It is understood that this position will continue as long as the 100% State funding continues. DISCUSSION: Legislator Hastings stated the Legislature works for the health and welfare of the county and she thinks that, although mental health is growing fast, we need the services. Acting Chairman Smith said the Legislature has traditionally worked in the committee system which delves into the issues quite strongly and comes up with a recommendation. These positions did pass in the Mental Health Committee 3-1. He further commented that there has been a change in state funding and duties are now being dumped on the county agencies by the state agencies. He feels we need to take advantage of the monies and use the services in the community while the money is available for the good of the constituents. Legislator Hastings asked Legislator Karius that, while it is okay to change your mind, if there is a problem with a resolution in Finance Committee, to get the answers then so there will not be a surprise before the entire Legislature. Legislator Halpin said she voted no in mental health because she felt she did not have enough information at the time. She said she did not fully realize the importance of these positions. She had studied the statistics and noticed hours of service were up, but not significantly. She said she has compared Mental Health with the Public Health Department, which she is fairly knowledgeable, and felt the administrative staffing was about the same and that their budget might even be more complex than mental health. She did not, however, realize people were being turned away from services. She feels that Schuyler County should get what they need and nothing more, not just because the money is there. Legislator Fitzsimmons pointed out that we should do this while the money is available because, as the state has done in the past, they could mandate we have these services and positions and then the money will not be available. We can cut back in the future if necessary. Acting Chairman Smith asked if the Board minded if Mr. Spilde commented and there were no objections. Mr. Spilde advised that he has asked for the Supervising Social Worker for four years and the Planner position for two years and provided a significant amount of information about the positions. There have been programs added and the administrative structure needs re-structuring. He further advised that these positions were approved for the 1994 budget and if they are not approved now, the county will lose the state aid. Legislator Hastings said we have to rely on the expertise of the people who run the departments and the respective committees, and "called for the question". VOTE: Passed 6-0. RESOLUTION NO. 116 Motion by Fitzsimmons, second by Hastings. RE: FILL STAFF SOCIAL WORKER - MENTAL HEALTH WHEREAS, due to the increasing workload, an additional Staff Social Worker has been requested and approved in the 1994 State and Local budgets for Schuyler County Mental Health Clinic, and ---PAGE BREAK--- WHEREAS, the approved funding for this position is supported by increased State Aid and Revenues so that it represents no increase in cost to the County. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the creation of a Staff Social Worker in the Mental Health Department, Grade XXVIII, salary $25,874 for 1994 and authorizes the Director of Community Services to advertise and fill such position, effective immediately. It is understood that this position will continue as long as the 100% State Funding continues. DISCUSSION: Legislator Hastings "called for the question". VOTE: Passed 6-0. RESOLUTION NO. 117 Motion by Fitzsimmons, second by Hastings. RE: CREATE AND FILL PLANNING/BUDGET ASSISTANT - MENTAL HEALTH WHEREAS, a Planning/Budget Assistant has been requested and approved in the 1994 State and Local Budgets for Schuyler County Mental Health Clinic, and WHEREAS, the Civil Service Commission has approved a duties statement and minimum qualifications and has titled said position, and WHEREAS, this position is necessitated by the increasing management and administrative workload and is essential to the continued smooth operation of our Local Governmental Unit, and WHEREAS, the approved funding for this position is supported by increased State Aid and Revenues so that it represents no increase in cost to the County. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the creation of a Planning/Budget Assistant in the Mental Health/Community Services Department, Grade XXI, salary $18,820 for 1994 and authorizes the Director of Community Services to advertise and fill such position, effective immediately. It is understood that this position will continue as long as the 100% State funding continues. VOTE: FAILED 4-2. (Noes: Halpin and Young) RESOLUTION NO. 118 Motion by Halpin, second by Fitzsimmons. RE: RENEW MAINTENANCE CONTRACT WITH SWIFT OFFICE EQUIPMENT FOR HOME HEALTH AGENCY COPIER WHEREAS, the Home Health Agency would like to renew its copier maintenance contract with Swift Office Equipment on a basis until the copier is replaced, and ---PAGE BREAK--- WHEREAS, the contract would be effective from 3/1/94 until termination at a cost of $80.85 per month. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a maintenance contract with Swift Office Equipment for the Home Health Agency copier at a cost of $80.85 per month from 3/1/94 until termination; subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 119 Motion by Hastings, second by Young. RE: ACCEPT CONTRACT 1994 TAX AUCTION - MATSON AUCTION AND REAL ESTATE COMPANY BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Matson Auction and Real Estate Company to conduct the 1994 Schuyler County Tax Title Real Estate Auction on September 10, 1994 at a commission rate of six percent agreement subject to approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 120 Motion by Hastings, second by Young. RE: RESCIND RESOLUTION NO. 308-93 - MINIMUM BID PRICE FOR TAX AUCTION PARCEL WHEREAS, Resolution No. 308-93 sets a minimum bid price for parcel 88.13-1-62 in the Village of Odessa, Town of Catharine (formerly DeSarno) and, WHEREAS, it is the recommendation of the Assessment and Taxation Committee that said resolution be rescinded. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 308-93 be, and hereby is, rescinded. VOTE: Passed 6-0. RESOLUTION NO. 121 Motion by Hastings, second by Young. RE: AUTHORIZE ADVERTISING FOR BID AND SALE - TAX DEED PARCELS REMAINING UNSOLD FROM TAX AUCTION WHEREAS, the following properties were offered for sale at tax auction and remain unsold: ---PAGE BREAK--- Town of Catharine 88.13-1-62 (formerly DeSarno) Town of Tyrone 17.12-1-15.1 (formerly Gee), and WHEREAS, pursuant to County Law Section 215, paragraph 8, the County may dispose of this real property as it sees fit, and WHEREAS, it is the recommendation of the Assessment and Taxation Committee that the aforementioned properties be advertised for bid and sale. NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, authorized to advertise for bids for the above mentioned real property, said bids to be received by the Clerk of the Legislature, Courthouse, 105 Ninth Street, Watkins Glen, New York, no later than Thursday, March 31, 1994 at 5:00 p.m. and opened and considered by the Finance Committee on Monday, April 4, 1994 at 9:30 a.m. with recommendation being made for action by the entire Legislature at its Regular Meeting, April 11, 1994. The County of Schuyler reserves the right to accept or reject any and all bids. VOTE: Passed 6-0. RESOLUTION NO. 122 Motion by Hastings, second by Young. RE: AUTHORIZE MAINTENANCE CONTRACT/HIGH SPEED PRINTER - TREASURER'S OFFICE WHEREAS, it is the recommendation of the Assessment and Taxation Committee that there be an annual maintenance contract for the high speed printer in the Treasurer's office at a cost of approximately $117 per month ($1,404 per year). NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign an agreement for and annual maintenance contract for the aforementioned, subject to approval of the County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 123 Motion by Young, second by Fitzsimmons. RE: APPLICATION FOR PRIVATE INDUSTRY COUNCIL'S (PIC) TITLE IIB SUMMER YOUTH AND EMPLOYMENT AND TRAINING PROGRAM GRANT WHEREAS, Schuyler County has the highest youth unemployment rate of any county in New York State including counties of the New York City area, and ---PAGE BREAK--- WHEREAS, the Chemung-Schuyler-Steuben Private Industry Council (PIC) awards grants for a summer youth program, and WHEREAS, the Job Training Partnership Act (JTPA) has expanded this program to include both low-income and at-risk youth ages 14 to 18 years, and WHEREAS, the Schuyler County Youth Bureau because of the Persons in Need of Supervision (PINS) Diversion Committee, and Runaway and Homeless (Community Care) Coordinator can identify these at-risk youth, and WHEREAS, PIC has approached the Schuyler County Youth Bureau to apply for their Summer Youth Employment and Training Program (SYETP) grant. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau be authorized to apply for the Chemung-Schuyler-Steuben Private Industry Council's (PIC) Summer Youth Employment and Training Program (SYETP) monies, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute any documents necessary to secure these SYETP funds through PIC, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Youth Bureau Director be authorized to hire two Youth Employment Training Coordinators, one to start in April and one in June. Funds for both positions are 100% reimbursable through PIC. VOTE: Passed 6-0. RESOLUTION NO. 124 Motion by Young, second by Fitzsimmons. RE: AUTHORIZE GRANT APPLICATION - ISTEA WHEREAS, the New York State Department of Transportation is making available certain grant funds in conjunction with Federal Intermodal Surface Transportation Efficiency Act, better known as ISTEA, and WHEREAS, the Director of Planning and Economic Development indicates that certain improvements to Seneca Harbor Park may be eligible for such funds. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to submit an application for up to $200,000.00 in said grant funds, and BE IT FURTHER RESOLVED, that no local match, other than those expenditures to which the County has previously committed, shall be included in the grant application. VOTE: Passed 6-0. ---PAGE BREAK--- RESOLUTION NO. 125 Motion by Fitzsimmons, second by Young. RE: ACCEPT/REJECT BIDS FOR IMPROVEMENTS TO SENECA HARBOR PARK WHEREAS, Schuyler County advertised for sealed bids for improvements at Seneca Harbor Park, and WHEREAS, such bids were opened and read aloud at 10:00 a.m. on March 2, 1994, and WHEREAS, Hunt Engineers and Architects have recommended the acceptance of the bid by Silverline Construction as the lowest responsible bidder on both Base Bid No. 1 and Base Bid No. 2. NOW, THEREFORE, BE IT RESOLVED, that upon the recommendation of Hunt Engineers and Architects, this Legislature hereby accepts the bids of Silverline Construction, Newtown Road, Burdett, New York 14818, in the amount of $29,950 and $7,950 for a total of $37,900, and BE IT FURTHER RESOLVED, that the following bids be rejected: Schamel Brothers Contracting, Inc. Route 414, Box 81 Hector, New York 14841 (Incomplete) $9,678.50 Chemung Contracting 1209 Upper Broadway Pine City, New York 14871 $98,400.00, $28,600.00, $20,000.00. Copies of bids are on file in the Legislature Offices, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to sign a contract with Silverline Construction in an amount not to exceed $37,900.00 for Seneca Harbor Park improvements; subject to approval of the Schuyler County Attorney. VOTE: Passed 6-0. ---PAGE BREAK--- RESOLUTION NO. 126 Motion by Hastings, second by Halpin. RE: RESOLUTION SUPPORTING THE STATE TAKEOVER OF MEDICAID WHEREAS, New York is one of the few states in the country which mandates that counties and the City of New York pay a local Medicaid share, which now costs localities $3.3 billion a year with a growth factor of 14% per annum, and WHEREAS, this Medicaid mandate requires localities to dedicate an increasingly larger portion of their local taxes for the State Medicaid program thereby imposing a back- breaking burden on local taxpayers, and WHEREAS, it is imperative that localities obtain immediate relief from this unbridled growth in the Medicaid program by enactment of effective Medicaid cost-containment, and WHEREAS, each phase of a State takeover of the local Medicaid program should include a hold harmless clause to ensure that each locality benefits from the State takeover plan, and WHEREAS, counties no longer have the fiscal resources to support the local Medicaid share by reliance on continual property tax increases and sales tax increases, and a State takeover of Medicaid would enable counties to administer other necessary local programs in an equitable and productive fashion, and WHEREAS, the New York State Association of Counties has made Medicaid takeover its NUMBER ONE MANDATE RELIEF PRIORITY FOR 1994 and is advocating that Medicaid takeover be enacted into law concurrent with the adoption of the 1994-95 State budget, and WHEREAS, the Schuyler County Legislature wishes to reconfirm support for State Medicaid takeover and urge that such State takeover be enacted into law on or before March 31, 1994. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the phase-in of a State takeover of the Medicaid program as proposed by the New York State Association of Counties, and BE IT FURTHER RESOLVED, that copies of this resolution be submitted to Governor Mario M. Cuomo, and NYSAC so that it may be included in their package which is to go to the entire State Legislature. VOTE: Passed 6-0. RESOLUTION NO. 127 Motion by Fitzsimmons, second by Hastings. ---PAGE BREAK--- RE: ACCEPT/REJECT BIDS FOR ABSTRACTING SERVICES FOR 1994 TAX AUCTION PROPERTIES WHEREAS, bids were solicited for Abstracting Services and all bids received were opened on March 4, 1994 at 3:00 p.m., and WHEREAS, it is the recommendation of the Finance Committee that the bid from Glen Abstract be accepted as the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Finance Committee, this Legislature hereby accepts the bid for abstracting services for 1994 tax auction properties from Glen Abstract Corporation, P.O. Box 440, Watkins Glen, NY 14891 in the amount of $35.00 per search, and BE IT FURTHER RESOLVED, that the following bids be rejected: Ryco Information Services, Inc. 7449 Morgan Road Avon Office Park Liverpool, New York 13090 $40.00 per search Finger Lakes Abstract Corp. 137 Turner Park, P.O. Box 106 Montour Falls, New York 14865 $50.00 per search Monroe Title Insurance Corporation Marine Midland Bank Building 150 Lake Street Elmira, New York 14901 $50.00 per search with no COI, and ---PAGE BREAK--- BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Glen Abstract Corporation for abstracting services as referenced above; subject to approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 128 Motion by Fitzsimmons, second by Hastings. RE: AUTHORIZE CONTRACT WITH BLUE CROSS & SHIELD FOR 1994 ADMINISTRATIVE SERVICES WHEREAS, Schuyler County has adopted the BestFlex Plan to be made available to all its employees and has made this part of the CSEA Administrative Unit agreement, and WHEREAS, Blue Cross & Shield has agreed to provide a written plan document which meets the requirements of Section 125 and other applicable Code sections and a summary plan description which meets the requirements of the Employee Retirement Income Security Act, and certain administrative services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an agreement with Blue Cross & Shield for administrative services for the period April 1, 1994 through March 31, 1995 at a cost of $25.00 per month, in addition to the one time start-up fee of $1,285.00, to be paid from account no. 9089.800; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that $1,510.00 be transferred from account no. 1990.500 to account no. 9089.800 for this purpose. VOTE: Passed 6-0. RESOLUTION NO. 129 Motion by Fitzsimmons, second by Hastings. RE: AUTHORIZE BIDDING FOR 457 DEFERRED COMPENSATION MODEL PLAN WHEREAS, the County of Schuyler has considered the establishment of a 457 Deferred Compensation Model Plan to be made available to all its employees and has made this part of the CSEA Administrative Unit agreement. NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler hereby executes the authorization to go out to bid in the New York State Register and local paper for the County of Schuyler for a 457 Deferred Compensation Model Plan. VOTE: Passed 6-0. RESOLUTION NO. 130 Motion by Fitzsimmons, second by Hastings. ---PAGE BREAK--- RE: ONE-YEAR APPOINTMENTS BE IT RESOLVED, that the Schuyler County Legislature hereby approves the following appointments effective immediately and terminating December 31, 1994, to the following committees, boards and councils, to wit: PLANNING COMMISSION Richard Bornholdt, Chair CHILD CARE COORDINATING COUNCIL Robert J. Fitzsimmons FINGER LAKES HEALTH SYSTEMS AGENCY Barbara J. Halpin COMPUTER COORDINATION COMMITTEE CHAIRPERSON Rhonda Darling VOTE: Passed 6-0. RESOLUTION NO. 131 Motion by Fitzsimmons, second by Hastings. RE: TWO-YEAR APPOINTMENTS BE IT RESOLVED, that the Schuyler County Legislature hereby approves the following appointments effective immediately and terminating December 31, 1995, to the following committees, boards and councils, to wit: ENVIRONMENTAL MANAGEMENT COUNCIL , Catharine , Cayuta Charles Franzese, Dix Bruce Adams, Hector Onalee Empson, Montour Andrew Matlack, Orange , Reading , Tyrone Mark Martin, Burdett Ramona Barton, Montour Falls Mary German, Odessa Judith Phillips, Watkins Glen Richard Bornholdt, Planning Commission Chair Anthony Specchio, Soil & Water Conservation Chair Robert Fitzsimmons, Legislator Barbara Halpin, Legislator Amelia Cornish, Member At Large AUDITING COMMITTEE Barbara Halpin Charles Young ---PAGE BREAK--- Robert Burnside Doris Karius OFFICE FOR THE AGING ADVISORY COUNCIL Raymond Bailey, Watkins Glen Janine Benjamin-Kuehl, Schuyler Hospital Anne Balch, DSS Jessie Earle, Tyrone Olney Harkness, Watkins Glen Gilbert Hillerman, Reading Dorothy Huey, Tyrone Edith Lodge, Watkins Glen Joette McBride, RSVP Barbara Regan, Home Health Helen Schmidt, Orange Verna Shrout, Catharine Marjorie Tewksbury, Montour Falls Jean Taber, Hector, East Gertrude West, Hector, West Doolittle, Watkins Glen Angeline Franzese, Legislature Chair Robert Burnside, Legislator QUEEN CATHARINE Philip C. Smith SCHUYLER HEADSTART Robert J. Fitzsimmons VOTE: Passed 6-0. RESOLUTION NO. 132 Motion by Fitzsimmons, second by Hastings. RE: APPOINTMENTS - MEDICAL SCHOLARSHIP COMMITTEE BE IT RESOLVED, that the Schuyler County Legislature approve the appointment of the following individuals to the Medical Scholarship Committee effective immediately and terminating December 31, 1996: John P. Callanan Edward Cullen Robert Swinnerton Anne Meehan Irving Goodrich Blanche Borzell George Hoffman John McDonald Paul Donnelly Doris Craig, Secretary ---PAGE BREAK--- Angeline Franzese, Legislature Chair VOTE: Passed 6-0. RESOLUTION NO. 133 Motion by Fitzsimmons, second by Hastings. RE: APPOINTMENTS - TRI-COUNTY TOURISM COUNCIL BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of the following individuals to the Tri-County Tourism Council effective immediately and terminating December 31, 1996: Roger Reinhart, Chamber of Commerce Gerald Marvel, Motel Owner Philip Smith, Legislator Mark Simiele, Tourism Attraction VOTE: Passed 6-0. RESOLUTION NO. 134 Motion by Fitzsimmons, second by Hastings. RE: APPOINTMENT - GRANGE REPRESENTATIVE - SOIL & WATER CONSERVATION BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Robert Collins as the Grange representative on the Soil & Water Conservation Board of Directors effective immediately and terminating December 31, 1996. VOTE: Passed 6-0. RESOLUTION NO. 135 Motion by Hastings, second by Karius. RE: AUTHORIZE HIRING - COUNTY ATTORNEY'S OFFICE WHEREAS, the Confidential Secretary to the County Attorney has given notice of leaving employment as of early April, 1994, and WHEREAS, the complexity and scope of her job requires that a replacement be given the maximum possible on-the-job training to understudy the position, and WHEREAS, a current Schuyler County employee has expressed interest in said position, and WHEREAS, it is in the best interest of County government that a smooth transition be affected. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that the County Attorney's Office be authorized to hire Debra Schmidt as a replacement Confidential Secretary on a full-time basis for the purposes of on-the-job training as soon as possible, and BE IT FURTHER RESOLVED, the compensation of said replacement shall be set at $581.11 bi-weekly, plus the applicable 1994 contractual increment (such sum being the employee's current County salary) during the training period, ending concurrent with Barbara Klemann-Caldwell's effective date of resignation, and BE IT FURTHER RESOLVED, the source of funds for salary during the above- described training period shall be Contingency Account No. 1990.500 and the Schuyler County Treasurer is hereby authorized to effect a transfer of such funds as appropriate and in accordance with approved accounting procedures, and BE IT FURTHER RESOLVED, upon appointment as Confidential Secretary to the County Attorney, said employee's compensation shall be equal to the current salary for the position, to wit $16,774.00 chargeable to account no. 1420.100. VOTE: Passed 6-0. RESOLUTION NO. 136 Motion by Hastings, second by Karius. RE: PERSONNEL ACTIONS FULL-TIME ADMINISTRATIVE POSITIONS - 121 PART-TIME ADMINISTRATIVE POSITIONS - 55 FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4 FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23 APPOINTMENTS: EFFECTIVE NAME TITLE DEPARTMENT DATE SALARY TYPE HOUCK, Bulinda Typist Social Svcs. 3/2/94 14,728 Rein BROOKE, Marilyn Pers. Clerk Civil Svce. 1/27/93 16,485 Prov HARDING, Joann Sr. Casewkr. Social Svcs. 11/13/94 20,580 Perm VOORHEIS, Judy Caseworker Social Svcs. 11/13/93 19,237 Perm ---PAGE BREAK--- ROONEY, Frank Prob. Offcr. Probation 2/10/94 19,237 Prov APPOINTED OFFICIALS COMPTON, Linda Dep. Co. Clk. County Clerk 1/1/94- 19,950 Term 12/31/97 CALDWELL, B. Conf. Sec'y. Co. Attorney 1/1/94- 16,774 Term 12/31/95 MORRIS, Dennis Assistant Co. Attorney 1/1/94- 28,540 Term Co. Atty. 12/31/95 BARNES, Philip Undersheriff Sheriff 1/1/94- 32,136 Term 12/31/97 NAME TITLE DEPARTMENT DATE LEAVES OF ABSENCE: BARRON, Diana Data Entry Opr. Mental Health 1/5/94- (Maternity Leave) 2/16/94 SIMMONS, Henry P. Motor Equip. Opr. Highway 1/31/94 (Return from Disability) MURPHY, Patsy Sr. Data Entry Op. Social Svcs. 3/2/94 (Return from Disability) OTHER: PIERCE, Blake Deputy Sheriff 1/1/94 (To Full-Time) PIERCE, Keith Correction Ofcr. Sheriff 1/1/94 (Change in salary) ---PAGE BREAK--- POTTER, Beverly Typist Typist 3/1/94 (End of Temporary Appointment) HOUCK, Bulinda Data Entry Oper. Social Svcs. 3/1/94 (End of Temporary Appointment) RECLASSIFICATIONS: WARD, William Correction Offcr. Sheriff 12/9/93 YESSMAN, William Dep. Sheriff Sgt. Sheriff 12/9/93 WOOD, Michael Senior Investigat. Sheriff 12/9/93 ALLEN, Judy Data Entry Operat. Sheriff 12/9/93 DAVENPORT, Floyd Correction Offcr. Sheriff 12/9/93 CAREY, Mary Sec'y. to Sheriff Sheriff 12/9/93 DAVIS, Howard Dep. Sheriff Lt. Sheriff 12/9/93 EVERETTS, Floyd Laborer Sheriff 12/9/93 COVERT, Beth Correction Offcr. Sheriff 12/9/93 FOOTE, Alfred Dep. Sheriff Sgt. Sheriff 12/9/93 HOXIE, Thomas Correction Offcr. Sheriff 12/9/93 HURD, Arthur Correction Offcr. Sheriff 12/9/93 LeROUX, Gilbert Correction Offcr. Sheriff 12/9/93 MITCHELL, James Correction Offcr. Sheriff 12/9/93 PIERCE, Keith Correction Offcr. Sheriff 12/9/93 PRESTON, William Dep. Sheriff Sgt. Sheriff 12/9/93 RUDY, Kevin Correction Offcr. Sheriff 12/9/93 STATES, Lawrence Correction Offcr. Sheriff 12/9/93 ---PAGE BREAK--- SWITZER, Kenneth Correction Offcr. Sheriff 12/9/93 TOWNER, Harold Dep. Sheriff Sgt. Sheriff 12/9/93 TAMBERELLI, Janice Correction Offcr. Sheriff 12/9/93 McLEAN, Daisy Cook Sheriff 12/9/93 RESIGNATIONS: LAPRIORE, Stephanie Probation Officer Probation 1/7/94 CREAMER, Elizabeth Dep. Commissioner Social Svcs. 1/26/94 SUSPENSIONS: MITCHELL, Lola M. Director Youth Bureau 2/10/94 (With Pay) BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature. VOTE: Passed 6-0. RESOLUTION NO. 137 Motion by Young, second by Halpin. RE: ADOPT PARKING PLAN FOR SENECA HARBOR PARK WHEREAS, there is a definite need for improvements to the available parking at Seneca Harbor Park, and WHEREAS, such improvements will benefit both the Park and adjacent businesses, and WHEREAS, the adjacent businesses are willing to enter into a partnership with the County to improve the parking. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County indicates it intends to adopt the following general parking plan for Seneca Harbor Park: 1. The area east of the Decatur Street entrance will remain available for unrestricted public parking and the winter storage of boats, which may be licensed or contracted for. 2. The area west of the Decatur Street entrance will be closely monitored and, if necessary after consultation with other interested parties and its citizens, will have time restrictions imposed. ---PAGE BREAK--- DISCUSSION: Legislator Hastings asked why the resolution included all Schuyler County business and not just the affected businesses. She indicated that a Public Hearing on the issue would meet the needs of Schuyler County as a whole. Legislator Halpin advised that Finance Committee addressed this and felt that this is PUBLIC parking and they do not want to exclude comments. VOTE: Passed 5-1. (No: Hastings) RESOLUTION NO. 138 Motion by Young, second by Fitzsimmons. RE: AUTHORIZE ACCEPTANCE OF OFFER AND PURCHASE OF SUPPLIES - SENECA HARBOR PARK SEAWALL WHEREAS, funding authorization was issued per Resolution No. 481-12/13/93 for the construction of a seawall at Seneca Harbor Park, and WHEREAS, Schamel Brothers Construction has offered to donate all labor and equipment for the construction of the seawall, and WHEREAS, Schamel Brothers Construction estimates the cost of materials to be $34,695.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to accept the Schamel Brothers' offer, and BE IT FURTHER RESOLVED, that the purchase of the necessary materials be, and hereby is, authorized, and BE IT FURTHER RESOLVED, that the Purchasing Division be, and hereby is, authorized to request competitive bids for treated lumber to be used in said project. VOTE: Passed 6-0. RESOLUTION NO. 139 Motion by Young, second by Fitzsimmons. RE: AUTHORIZE COUNTY TAX LIEN TO BE CHARGED TO ALLOWANCE FOR UNCOLLECTIBLE WHEREAS, an omission was made on a tax search for Tax Map number 64.-1-46.1 in the Town of Reading. NOW, THEREFORE, be it resolved, that the County Treasurer is authorized to charge the 1990 Tax Sale Certificate #661 in the amount of $293.15 to account A342, Allowance for Uncollectible Taxes. VOTE: Passed 6-0. ---PAGE BREAK--- RESOLUTION NO. 140 Motion by Young, second by Fitzsimmons. RE: AUTHORIZE COUNTY TREASURER TO PAY AUDIT WITHIN FUNDS WHEREAS, the bills have been audited and ordered paid. NOW, THEREFORE, BE IT RESOLVED, that Abstract 2 of 1994, bills numbered as follows: General Fund #0765 - #1150; Capital General Fund #1151 - 1153; County Road Fund #1154 - #1171; #H64 - #H81; Machinery Fund #1172- #1204; #H82 - #H114, as certified by the Chairman and Deputy Clerk of the Schuyler County Legislature, be transmitted to the County Treasurer, and BE IT FURTHER RESOLVED, the County Treasurer is authorized to make direct payment by check of the amounts shown and that the respective accounts be charged the amounts allowed. Summary of Accounts I General Fund Human Services Committee $ 13,916.23 Legislative Committee 626.15 Agriculture/Natural Resource 44,205.00 Finance Committee 23,194.77 Administrative Committee 8,063.56 Corrections, Refor. & Ed. 50,322.98 Co. Clerk/Elections Comm. 2,380.25 Public Health Committee 41,877.07 Mental Health Committee 25,965.93 Public Safety Committee 32,371.87 Assessment/Taxation Comm. 4,452.08 Buildings & Grounds Comm. 61,120.80 Community Development, ---PAGE BREAK--- Planning & Expansion 16,053.91 Highway Committee 00.00 Total General Fund..........$324,550.60 II Capital General Fund Total Capital General Fund..$133,413.98 III Trust Fund Gazebo Fund $ 00.00 IV County Road Fund Highway Committee $ 31,158.18 Total County Road 31,158.18 V Machinery Fund Highway Committee $ 51,294.48 Total Machinery 51,294.48 TOTAL AUDIT.....$540,417.24 APPROVED/s/ Angeline B. Franzese APPROVED/s/ Doris J. Craig Chairman Clerk Schuyler County Legislature Schuyler County Legislature VOTE: Passed 6-0. RESOLUTION NO. 141 Motion by Young, second by Halpin. RE: MOTION TO BRING THREE RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that three resolutions be brought to the floor. VOTE: Passed 6-0. RESOLUTION NO. 142 Motion by Hastings, second by Young. ---PAGE BREAK--- RE: REAFFIRMED OPPOSITION TO THE CLOSURE OF USDA OFFICES IN SCHUYLER COUNTY WHEREAS, the Schuyler County Legislature has been notified that the Schuyler County, New York State Offices of the Soil Conservation Service and the Agricultural Stabilization and Conservation Service are still being considered for closure, and WHEREAS, the services provided by these two offices are important to the welfare of the people of Schuyler County, and WHEREAS, the information that was used initially for selection of the USDA offices that would be selected for closure/consolidation was inaccurate for Schuyler County, and WHEREAS, the people of Schuyler County have repeatedly argued for the retention of these offices by petition and correspondence to local, state and federal representatives, and WHEREAS, agriculture is the number one industry in Schuyler County, New York, and WHEREAS, the loss of any income related to agriculture will have a substantial affect on the overall financial well-being of Schuyler County and its residents. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature reaffirms its opposition to the closure or consolidation of the Soil Conservation Service and Agricultural Stabilization Conservation Service offices in Schuyler County, New York, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature be directed to send certified copies of this resolution to all appropriate officials. VOTE: Passed 6-0. RESOLUTION NO. 143 Motion by Fitzsimmons, second by Halpin. RE: CORRECTION OF RATIFIED TENTATIVE AGREEMENT BETWEEN THE COUNTY OF SCHUYLER AND THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000 AFSCME, AFL-CIO, FOR THE SCHUYLER COUNTY ADMINISTRATIVE UNIT FOR THE PERIOD JANUARY 1, 1994 THROUGH DECEMBER 31, 1996 WHEREAS, Article V, Section 6, Wage Increases, as ratified, inadvertently contained three occasions where the words "in grade" were inserted, and WHEREAS, the CSEA Collective Bargaining Specialist for the Administrative Unit is in agreement with that assessment. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that Article V, Section 6, first three paragraphs, shall in fact be ratified as follows: Wage Increases The starting salaries shown in Exhibit A represent increases annually and those eligible will receive steps for completing one to four years of service. The annual increases in base salaries are: $500.00 effective January 1, 1994 Three and one-half effective January 1, 1995 Three and one-half effective January 1, 1996 Salary steps will be paid as follows: Years of Experience Completed Percentage Between January 1 and December 31: of Salary 1st 1% 2nd 1% 3rd 1% 4th 1% Employees completing more than four years of service are not eligible for a step increase (but may be eligible for longevity - see paragraph 3, above)." VOTE: Passed 6-0. RESOLUTION NO. 144 Motion by Fitzsimmons, second by Young. RE: AUTHORIZE PREPAYMENT OF HEALTH AND DENTAL INSURANCE PREMIUMS WHEREAS, the State Auditors have requested that health insurance bills are now to be paid through the County audit, and WHEREAS, the following bills were received for payment after the voucher due date for the March audit. ---PAGE BREAK--- NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Treasurer is authorized to pre-pay the following bills: GHI Chemung County Insurance Billing $74,522.00 GHI Dental Premium 137.03 NYS Dept. of Civil Service Employee Benefits Division 3,318.09 VOTE: Passed 6-0. REPORT ON STANDING COMMITTEES: Legislator Hastings announced that the Assessment & Taxation Committee meeting scheduled for March 18th has been cancelled. Legislator Hastings advised she had attended a Sullivan Trail Resource, Conservation and Development Council meeting and it was very informative. Legislator Halpin advised that the trip to Yates County on March 22nd to research their administrator has been postponed. Legislator Young said he attended his first Youth Board meeting on March 10th and he is conducting a comparison with other counties on their Youth Board by-laws. Legislator Young announced a special Community Development, Planning & Expansion Committee meeting on March 15th at 9:00 a.m. UNFINISHED BUSINESS: Acting Chairman Smith read a letter of declaration stating that his wife, Judy Smith, works for Glen Office Supply part-time and, to the best of his knowledge, does not profit from the business Glen Office Supply does with the County. Mr. Smith asked that the letter be attached to the official minutes. He further explained that this was questioned by Chairman Franzese at a pre-audit meeting last November with the auditors, and that he was unwillingly obliging to the request. NEW BUSINESS: None. PUBLIC PARTICIPATION - 8:23 P.M.: Tom Ryan of Odessa suggested forming a committee of citizens to make park recommendations relative to Seneca Harbor Park as this might bring up some good ideas. Mr. Ryan also asked if the Department of Social Services was looking into fingerprinting requirements for its clients. Sue Brill said she felt Resolution No. 143 was premature since it was not approved by the union membership yet. Public Participation was closed at 8:30 p.m. MOTION by Fitzsimmons, SECOND by Karius to go into Executive Session at 8:30 p.m. to discuss the work history of an employee. Motion carried six ayes to zero noes. Legislator Hastings left the meeting at 8:50 p.m. MOTION by Fitzsimmons, SECOND by Young to come out of Executive Session at 9:02 p.m. ---PAGE BREAK--- MOTION by Fitzsimmons, SECOND by Young to authorize Margaret Jensen to write six memos to Lola Mitchell relaying directives from the Legislature. Motion carried six ayes to zero noes. The meeting adjourned at 9:03 p.m. Doris J. Craig, Clerk Gail M. Willis, Deputy Clerk *NOTE: At the May 9, 1994 Regular Meeting of the Schuyler County Legislature, Chairman Franzese made the following clarification to the March 14, 1994 Minutes: "On December 29, 1993, Mr. Smith was informed by officials of the New York State Department of Audit & Control that Audit and Control had determined, that by law, a disclosure was necessary of his wife's employment." REGULAR MEETING APRIL 11, 1994 The April 11, 1994 Regular Meeting of the Schuyler County Legislature was called to order at 6:31 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Hastings and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman arrived at 6:33 p.m. ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese read the three emergency resolutions to come to the floor tonight by title. PUBLIC PARTICIPATION - 6:35 P.M.: Jean Kosty, Town of Tyrone, stated she was at last month's meeting questioning the Chairman's residency and since then there was an article in the paper and the Chairman has moved back in. She said she found it interesting that the reason the Chairman could not return to her home was because pipes had to be dug up and she has not seen any evidence of that. Chairman Franzese clarified that they had anticipated broken pipes because a pipe broke in the house. They had the water shut off and the water froze at the upper part of the hill. When the water was turned back on, and after some testing, they found everything to be in order to move back in. Chairman Franzese further stated that they could not take chances with losing thousands of gallons of water considering the fact that they get their water from Glen Motor Inn. She noted that in the past legislators on the board have stayed in summer cottages for many months ---PAGE BREAK--- out of a year and this was never questioned. Chairman Franzese further noted that if she ever were to move, she would publicly announce same, and that Mrs. Kosty could feel free to call her anytime. Mrs. Kosty said she will be keeping watch. Lore Oswald stated appreciation for the Legislature having a resolution on the agenda for Worker's Memorial Day. Public Participation was declared closed at 6:48 p.m. PRESENTATION BY CHAMBER OF COMMERCE - 6:49 P.M.: Max Neal of the Chamber of Commerce distributed this year's brochures and gave a brief overview of the Tourist Promotion Agency designation by the Legislature. Ms. Neal said in 1993 lodging and sales tax receipts were up for the service area, which is the whole of Schuyler County, not just the Village of Watkins Glen. The Chamber printed 185,000 travel guides in 1993 and for 1994 they have taken a full page ad in the 1994 Blue Book. The Chamber of Commerce has two contracts with the Finger Lakes Association, one which the County is still negotiating and the other is for matching funds. Ms. Neal advised that 10% of the lodging tax goes to Finger Lakes South Tourism Council, with whom they have a cooperative marketing effort involving Chemung and Steuben counties. Legislator Smith confirmed the appropriation for 1994 for Finger Lakes South and asked what they received in 1993. Ms. Neal said they had received $2,000 last year and agreed upon 10% or $3,000 for this year. Legislator Smith then asked what the situation was with Finger Lakes Association. Ms. Neal advised that Finger Lakes Association has a formula to assess county membership and is not comfortable with the County's contribution or the Chamber being appointed the Tourism Promotion Agency. The issue of County appointment to the Board of Directors was clarified by Ms. Neal and Chairman Franzese. It is not possible to have Ms. Neal sit in for the County since the Finger Lakes Association's by-laws state the appointee and the alternate must be a legislator. Legislator Smith said he had questioned this at the time the resolution was presented and was advised that Ms. Neal would simply be an alternate, not sit in for Chairman Franzese. Ms. Neal said that there is $5,000 in the budget for the Finger Lakes Association on the table now over and above the matching funds. Legislator Hastings asked if the Chamber had received all of the 1993 monies and if they met their budget. Ms. Neal responded affirmatively to both questions. Chairman Franzese thanked Max Neal and concluded the presentation at 7:13 p.m. RESOLUTION NO. 145 Motion by Young, second by Halpin. RE: APPROVE MINUTES OF THE JANUARY 10, 1994 REGULAR MEETING, JANUARY 18, 1994 AND JANUARY 28, 1994 SPECIAL MEETINGS OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the January 10, 1994 Regular Meeting; and January 18, 1994 and January 28, 1994 Special Meetings of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 146 Motion by Smith, second by Burnside. ---PAGE BREAK--- RE: AUTHORIZE CHANGE ORDER GC-3 - CONTRACT WITH McGUIRE & BENNETT, INC. WHEREAS, the general contractors, McGuire & Bennett, Inc. presented a change order dated 1/27/94 regarding credits due owner per contractor's letter dated 10/13/93, and WHEREAS, on 3/11/94 the Building Project Committee reviewed the Change Order in reference to the contract with McGuire & Bennett, Inc. and recommends authorization of GC-3, as follows: Original contract sum $1,224,000 Net change by previous Change Orders $ 79,754 Contract sum prior to this Change Order $1,303,754 Contract sum decreased by this Change Order $ 22,136 New contract sum will be $1,281.618. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize Chairman Franzese to sign Change Order GC-3, upon approval of the County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 147 Motion by Smith, second by Burnside. RE: AGREEMENT BETWEEN SOCIAL SERVICES AND SCHUYLER COUNTY CHILD CARE COORDINATING COUNCIL BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to renew the agreement between the Department of Social Services and Schuyler County Child Care Coordinating Council for day care development and low income subsidy intake for the period April 1, 1994 through June 30, 1994 in the amount of $730 per month in order to explore and evaluate alternative means of providing this service; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 148 Motion by Smith, second by Burnside. RE: MANAGED CARE GRANT AMENDMENTS TO SOCIAL SERVICES BUDGET ---PAGE BREAK--- WHEREAS, New York State Department of Social Services has approved the following items in the Schuyler County Department of Social Services Managed Care Grant request that were not in the 1994 Social Services budget. NOW, THEREFORE, BE IT RESOLVED, to increase the Social Services budget as follows: APPROPRIATION ACCOUNTS 6010.4.0435 Professional Fees Increase $11,500 6010.4.0426 Maint. of Equip. Increase 2,700 6010.2.0208 Computer Equipment Increase 9,245 6010.2. Desks Increase 930 6010.2.0206 Chairs Increase 300 6010.2.0203 Adding Machine Increase 150 6010.2.0209 Copier Increase 8,500 6010.2. Answering Machine Increase 100 6010.2. Typewriter Increase 500 REVENUE ACCOUNTS 3610 Increase $16,963 4610 Increase 16,962 VOTE: Passed 8-0. RESOLUTION NO. 149 Motion by Young, second by Burnside. RE: ACCEPT BID FOR TWO MATERIAL SPREADERS - HIGHWAY WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and WHEREAS, said advertisement was made for two Material Spreaders, a bid received and opened at the March 21, 1994 Committee Meeting at the Highway Department. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bid as received for $9,930.00 for two Material Spreaders: Seneca Supply, Inc. Route 13 & Dryden Road Ithaca, New York 14850 Copies of bid available for inspection at the Highway or Legislative Office. VOTE: Passed 8-0. RESOLUTION NO. 150 Motion by Young, second by Burnside. RE: ACCEPT BIDS FOR READY MIX CONCRETE - HIGHWAY WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and WHEREAS, said advertisement was made for ready mix concrete, bids received and opened at a special meeting of the Highway Committee on March 21, 1994. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bids as received for the bid period April 1, 1994-March 31, 1995: Gravel & Contracting Company, Inc. 1209 Upper Broadway Pine City, New York 14871 B.R. DeWitt, Inc. 6895 Ellicott Street Pavilion, New York 14525 Copies of bids are available for inspection at the Highway or Legislative Office. VOTE: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 151 Motion by Young, second by Burnside. RE: ACCEPT BID FOR CULVERT PIPE (CORRUGATED, METAL, GALVANIZED) - HIGHWAY WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and WHEREAS, said advertisement was made for culvert pipe, a bid received and opened at a special meeting of the Highway Committee on March 21, 1994. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bid as received for the bid period April 1, 1994-March 31, 1995: Chemung Supply Corporation P.O. Box 527 Elmira, New York 14902 Copies of bid available for inspection at the Highway or Legislative Office. VOTE: Passed 8-0. RESOLUTION NO. 152 Motion by Young, second by Burnside. RE: ACCEPT BIDS FOR CRUSHED STONE (LIMESTONE & CRUSHED GRAVEL) - HIGHWAY WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and WHEREAS, said advertisement was made for crushed limestone, bids received and opened at a special meeting of the Highway Committee on March 21, 1994. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bids as received for the bid period April 1, 1994-March 31, 1995: Gravel & Contracting Company, Inc. 1209 Upper Broadway Pine City, New York 14871 ---PAGE BREAK--- Seneca Stone Corporation P.O. Box 76 Fayette, New York 13065 B.R. DeWitt, Inc. 6895 Ellicott Street Pavilion, New York 14525 Copies of bids are available for inspection at the Highway or Legislative Office. VOTE: Passed 8-0 RESOLUTION NO. 153 Motion by Young, second by Burnside. RE: ACCEPT/REJECT BIDS FOR STEEL PLATE, STEEL PIPE, GABION BASKETS, SHOP STEEL - HIGHWAY WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and WHEREAS, said advertisement was made for steel plate, steel pipe, gabion baskets and shop steel, bids received and opened at a special meeting of the Highway Committee on March 21, 1994. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bid as received for the bid period April 1, 1994-March 31, 1995: Chemung Supply Corporation P.O. Box 527 Elmira, New York 14902, and BE IT FURTHER RESOLVED, that the following bids be rejected: ---PAGE BREAK--- Allegany Pipe & Tubular Products 2954 County Route #22 Andover, New York 14806-9615 Charles H. Haynes, Inc. 6424 E. Taft Road, P.O. Box 3009 Syracuse, New York 13220 Copies of bids are available for inspection at the Highway or Legislative Office. VOTE: Passed 8-0. RESOLUTION NO. 154 Motion by Young, second by Burnside. RE: ACCEPT BIDS FOR GRAVEL (BANK RUN) - HIGHWAY WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and WHEREAS, said advertisement was made for gravel, bids received and opened at a special meeting of the Highway Committee on March 21, 1994. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bids as received for the bid period April 1, 1994-March 31, 1995: Annella Wickham 2300 Texas Hollow Road Odessa, New York 14869 Blades Construction Products P.O. Box 590 ---PAGE BREAK--- Hornell, New York 14843 B.R. DeWitt, Inc. 6895 Ellicott Street Pavilion, New York 14525 Copies of bids are available for inspection at the Highway or Legislative Office. VOTE: Passed 8-0. RESOLUTION NO. 155 Motion by Young, second by Burnside. RE: ACCEPT BID FOR SIGNS AND SIGN POSTS - HIGHWAY WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and WHEREAS, said advertisement was made for signs and sign posts, a bid received and opened at a special meeting of the Highway Committee on March 21, 1994. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bid as received for the bid period April 1, 1994-March 31, 1995: Chemung Supply Corporation P.O. Box 527 Elmira, New York 14902 Copies of bid available for inspection at the Highway or Legislative Office. VOTE: Passed 8-0. RESOLUTION NO. 156 Motion by Young, second by Burnside. RE: ACCEPT BID FOR GUIDERAIL - HIGHWAY WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and ---PAGE BREAK--- WHEREAS, said advertisement was made for guiderail, a bid received and opened at a special meeting of the Highway Committee on March 21, 1994. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bid as received for the bid period April 1, 1994-March 31, 1995: Chemung Supply Corporation P.O. Box 527 Elmira, New York 14902 Copies of bid available for inspection at the Highway or Legislative Office. VOTE: Passed 8-0. RESOLUTION NO. 157 Motion by Young, second by Burnside. RE: ACCEPT BID FOR TREE TRIMMING AND STUMP REMOVAL - HIGHWAY WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and WHEREAS, said advertisement was made for tree trimming and stump removal, a bid received and opened at a special meeting of the Highway Committee on March 21, 1994. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bid as received for the bid period April 1, 1994-March 31, 1995: Dave Day's Tree Service Box 162 Wayne, New York 14893 Copies of bid available for inspection at the Highway or Legislative Office. VOTE: Passed 8-0. RESOLUTION NO. 158 Motion by Young, second by Burnside. RE: ACCEPT BID FOR SALT BRINE - HIGHWAY ---PAGE BREAK--- WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and WHEREAS, said advertisement was made for salt brine, a bid received and opened at a special meeting of the Highway Committee on March 21, 1994. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bid as received for the bid period April 1, 1994-March 31, 1995: Cargill, Incorporated 518 E. Fourth Street Watkins Glen, New York 14891 Copies of bid available for inspection at the Highway or Legislative Office. VOTE: Passed 8-0. RESOLUTION NO. 159 Motion by Young, second by Burnside. RE: ACCEPT BIDS FOR TIRES - HIGHWAY WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and WHEREAS, said advertisement was made for tires, bids received and opened at a special meeting of the Highway Committee on March 21, 1994. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bids as received for the bid period April 1, 1994-March 31, 1995: Ron Parmenter Motors, Inc. 2640 S.R. #14 Montour Falls, New York 14865, and Tallmadge Tire of Geneva, Inc. 255 Exchange Street, P.O. Box 979 ---PAGE BREAK--- Geneva, New York 14456 Twin Tier Tire Corporation 1000 Lackawanna Avenue, Box 164 Elmira, New York 14901 Copies of bids are available for inspection at the Highway or Legislative Office. VOTE: Passed 8-0. RESOLUTION NO. 160 Motion by Young, second by Burnside. RE: ACCEPT/REJECT BIDS FOR BITUMINOUS CONCRETE ASPHALT - HIGHWAY WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and WHEREAS, said advertisement was made for bituminous concrete asphalt, bids received and opened at a special meeting of the Highway Committee on March 21, 1994. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bids as received for the bid period April 1, 1994-March 31, 1995: Genesee LeRoy Stone Corporation 6896 Ellicott Street Pavilion, New York 14525 Gravel & Construction Company 1209 Upper Broadway (Fisherville) Pine City, New York 14871 ---PAGE BREAK--- Seneca Stone Corporation 1209 Upper Broadway (Fayette) Pine City, New York 14871 Blades Construction Products Corporation P.O. Box 590 Hornell, New York 14843 South Hill Construction Company, Inc. 3636 South Hill Road Burdett, New York 14818 *Blacktop Paver Only, and BE IT FURTHER RESOLVED, that the following bid be rejected: R. & L. Perry Construction, Inc. 2419 Jennings Road Watkins Glen, New York 14891 Copies of bids are available for inspection at the Highway or Legislative Office. VOTE: Passed 8-0. RESOLUTION NO. 161 Motion by Young, second by Burnside. RE: ACCEPT/REJECT BIDS FOR LIQUID BITUMINOUS MATERIALS - HIGHWAY WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and ---PAGE BREAK--- WHEREAS, said advertisement was made for liquid bituminous materials, bids received and opened at a special meeting of the Highway Committee on March 21, 1994. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bid as received for the bid period April 1, 1994-March 31, 1995: (Items 1, 2, 7, 11, 12, 13, 14, Pugmill, Chipper, Mix Paver) Vestal Asphalt, Inc. 201 Stage Road Vestal, New York 13850 (Items 3, 4, 5, 6, 7, 8, 9, 10, 15) Central Asphalt Division - Suit-Kote Corp. 20 Fairground Lane Watkins Glen, New York 14891, and BE IT FURTHER RESOLVED, that the following bid be rejected: A. L. Blades & Sons, Inc. P.O. Box 590 Hornell, New York 14843 Copies of bids are available for inspection at the Highway or Legislative Office. VOTE: Passed 8-0. RESOLUTION NO. 162 Motion by Young, second by Halpin. RE: LOCAL LAW INTRO. NO. 1, LOCAL LAW NO. 3 OF THE YEAR 1994 ENTITLED "SCHUYLER COUNTY WATERSHED PROTECTION LAW" WHEREAS, the Schuyler County Legislature established Local Law No. 3 of the year 1975 to provide uniform watershed protection standards throughout Schuyler County, and ---PAGE BREAK--- WHEREAS, the New York State Department of Health has modified the minimum requirements for water and wastewater treatment systems of Part 75 of the Administrative Rules and Regulations contained in Chapter 11 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York effective December 1, 1990, and WHEREAS, the New York State Health Department has provided an "Individual Wastewater Treatment System Design Manual" to provide technical assistance for the implementation of Part 75 for use in 1994, and WHEREAS, the Schuyler County Watershed Inspector has developed, with the assistance of county and town legislators and planners, a revised County Watershed Protection Law to meet the minimum requirements of the State plus address local concerns expressed by town and county representatives. NOW, THEREFORE, BE IT RESOLVED, that proposed Local Law Intro. No. 1/Local Law No. 3 of the year 1994 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 schedule a public hearing to be held on May 9, 1994 at 7:00 p.m. at the Watkins Glen High School Cafeteria, Twelfth Street, Watkins Glen, NY to hear comments from individuals regarding the adoption of Local Law 1994 entitled the "Schuyler County Watershed Protection Law". INTRO NO. 1/LOCAL LAW NO. 3 OF THE YEAR 1994 A local law replacing Local Law No. 3 of the year 1975 known as the Schuyler County Watershed Law and pertaining to rules and regulations applying to the lands within the County of Schuyler, New York. Pursuant to the authority vested in the Schuyler County Legislature, Local Law No. 3 of the year 1975 known as the Schuyler County Watershed Law is hereby REPEALED in its entirety and replaced by the Schuyler County Watershed Protection Law, to read as follows: ARTICLE I Definitions and General Provisions Section A. TITLE 1. The rules and regulations herein contained shall constitute, comprise and be known as the Watershed Protection Law of Schuyler County, New York. Section B. SEPARABILITY CLAUSE ---PAGE BREAK--- 1. If any section, paragraph, subdivision or provision of this Law shall be judged invalid or held unconstitutional, the same shall not affect the validity of this Law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. Section C. APPLICABILITY; LEGAL AFFECT 1. The provisions of the Watershed Protection Law shall be in force throughout the County of Schuyler unless similar standards meeting minimum requirements established by New York State are adopted and strictly enforced by any Town or Village in Schuyler County. 2. The Watershed Protection Law shall be supplemental to the Public Health Law, the New York State Sanitary Code, the New York State Uniform Building and Fire Prevention Code, the New York State Environmental Conservation Law, Penal Law and other New York State Laws relating to public health. 3. Acceptance of the Watershed Law by resolution of the Schuyler County Legislature shall adopt by reference Part 8 and 75, Chapter I, of the New York State Sanitary Code and cited 10 8 and 75 as the same is now in effect and may hereafter from time to time be amended. Section D. VIOLATIONS AND PENALTIES 1. The provisions of the Watershed Protection Law shall have the force and effect of law. Violation or non-compliance with any section of this local law shall be deemed a violation. 2. A written "Notice of Violation" shall be issued to any property owner when a violation of these rules and regulations is found specifying the nature of the violation and stating the date(s) by which corrective action shall be completed. In the event of continued violations, the regulatory officer may apply for an injunction or other relief including but not limited to property condemnation from the appropriate court or Municipality Board. Any violation beyond that date shall be punishable by a fine not to exceed $250 and/or imprisonment not to exceed 15 days per week of violation. Each week of violation shall be considered a separate offense. 3. Upon receipt of a Notice of Violation any person who contests the reasonableness of the steps to be taken or the reasonableness of the completion dates therein may request, in writing, within five days of the issuance of said Notice of Violation a conference as to the tasks to be undertaken and the dates required for completion. At the request of the person requesting such conference, that person may request a conference before the Director of Public Health or his representative. The Director of Public Health or his representative may rescind or modify The Notice of Violation or direct that the original terms of the notice be carried out. If after a conference, or where no conference has been requested, the person so notified refuses to sign said Notice, the Director of Public Health ---PAGE BREAK--- or his representative shall cause a copy of said Notice of Violation to be personally served upon the person originally notified. Upon such personal service, the terms of the Notice of Violation shall be in full force and effect as if personally executed by the person so served. Section E. POWERS AND AUTHORITY OF REGULATORY OFFICERS 1. The Watershed Protection Agency or its duly authorized employees bearing proper credentials and identification shall be permitted to enter upon all properties and premises covered by the regulations of the Watershed Protection Law for the purposes of inspection, observation, measurement, sampling or testing in accordance with the provisions of this local law. 2. Whenever entry is refused the regulatory officer shall submit to the proper authorities such evidence as is necessary to justify entry upon said properties or premises such as to obtain a court order to perform the discharge of the Watershed Protection Agency's duties. 3. No person shall molest, assault, or resist any regulatory officer of the Watershed Protection Agency or their assistants in the lawful discharge of their duties. Section F. FEES 1. A fee will be assessed by the Schuyler County Watershed Protection Agency and adjusted as needed to charge for any of the services approved by the Schuyler County Legislature. All fees required for service shall be made payable to the Schuyler County Treasurer. The regulatory officer may waive the collection of all, or a portion of, the established fee for non-profit agencies, governmental agencies, and low income persons. Section G. EFFECTIVE DATE 1. This Watershed Protection Law as adopted by the Board of Health shall take effect on the respective date of filing of such items with the New York State Department of State pursuant to the Municipal Home Rule Law. Section H. DEFINITIONS 1. "Agent or Agents Thereof" shall mean a person requested, employed or contracted by an owner or owners, occupant or lessee to construct, repair or perform excavation for the installation of a receptacle, or waste water treatment system, individual water supply or element within said system(s). 2. "Alternative System" shall mean any wastewater treatment system allowing for the disposal of wastewater which does not rely upon infiltration of wastewater entirely into the in situ or virgin soil. ---PAGE BREAK--- 3. "Appendix 75-A" shall mean a portion of Part 75 of the Administrative Rules and Regulations contained in Chapter 11 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York 4. "Board of Health" shall mean the Schuyler County Legislature. 5. "Building" shall be a structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof affording shelter for persons. 6. "Certificate of Approval" shall mean a certificate issued upon completion of a new construction wastewater treatment system in accordance with the specifications detailed in Appendix 75.A approved in the Construction Permit. 7. "Certification of Completion" shall mean a certificate issued upon completion of a replacement wastewater treatment system, in accordance with the specifications approved in the Construction Permit, a Certificate of Completion shall be issued. 8. "Certificate of Compliance" shall mean a certificate issued upon request for the evaluation of a wastewater treatment system serving a poperty being converted, expanded, transferred or for mortgage refinancing purposes when required by a lending institution, attorney, realtor, purchaser or code enforcement officer. 9. "Construction Permit" shall mean a permit issued prior to construction or repair of a wastewater treatment system, to serve any building, structure, or manufactured home specifying the type, capacity and location of each element of the said system in accordance with this local law and/or said regulations. Said construction permit shall expire one year after date of issuance. 10. "Conventional Wastewater Treatment System" shall mean any wastewater treatment system allowing for the infiltration of wastewater into the in situ or virgin soil. 11. "Distances" shall mean the shortest horizontal linear distance from the nearest point of a wastewater treatment system to the mean high water mark of the nearest watercourse or lake or the edge, margin or top of a precipitous bank forming the mean high water mark of a watercourse or lake. Additionally, distances shall mean the shortest footage between two or more objects. 12. "Drainage Channel" shall mean a stream or portion of a stream that flows only in direct response to precipitation. It receives little or no water from springs and no long term continued supply from melting snow or other sources. It is dry for a large part of the year, ordinarily more than three months. 13. "Dwelling" shall mean a building or structure containing not more than two dwelling units occupied exclusively for residential uses. ---PAGE BREAK--- 14. "Element" shall mean any part or parts thereof comprising a wastewater treatment system. 15. "Flood Plain" shall mean those areas designated by either the New York State Department of Environmental Conservation or the United States Federal Emergency Management Agency as likely to flood within one hundred years. 16. "Garbage" shall mean all animal and vegetable wastes resulting from the processing, preparation, cooking or serving of foods, and other putrescible materials. 17. "Hardship" shall mean a circumstance(s) that makes it impractical or impossible to comply with the standard of this law. 18. "Human Excreta" shall mean feces, urine or other human excretions. Shall include the contents of aerobic tanks, holding tanks, septic tanks, seepage pits, privies or wastewater treatment systems. 19. "Individual Waiver" shall mean a waiver issued in an individual situation because of an individual hardship or other circumstance that makes it impractical to comply with a standard for individual water supply or individual sewage treatment systems. 20. "Individual Water Supply" shall mean a drinking water supply intended to supply one or more dwelling units, used in the absence of a public water supply system as defined in Part 5 of the New York State Sanitary Code. 21. "Lake" shall mean Seneca, Waneta, Lamoka, Cayuta or Cinnamon Lakes in Schuyler County. 22. "Land Disturbance" shall mean the removing of vegetation and/or top soil, or subsurface soil which changes the existing natural slope by five percent or more by means of excavation, filling, mining or other activity causing the addition or displacement of soils by mechanical means. 23. "Launching Site" shall mean any location public or private that is used for the purpose of launching boats into the lake water and/or hauling boats out of the lake water. 24. "Manure" shall mean the accumulated feces and urine from any animal or fowl resulting from the raising of these animals or fowl. 25. "New Construction Wastewater Treatment System" shall mean any wastewater treatment system constructed or placed on an undeveloped site and requiring a wastewater treatment system and currently not utilizing a wastewater treatment system. 26. "Non-Waterborne" shall mean a system or structure for urinating or defecating which is not flushed. This includes but is not limited to privies, chemical, incinerator and compost toilets. ---PAGE BREAK--- 27. "Notice of Violation" shall mean a written statement signed by the regulatory officer stating the time necessary to correct any violation of this code and stating reasonable time periods necessary to complete such steps. Each such notice shall contain a space at the end of such written statement wherein the person so notified may execute said notice and agree to the terms therein. 28. "Offensive Material" shall mean all putrescible and non-putrescible solid wastes including garbage, ashes, incinerator residue, street cleanings, dead animals and/or parts thereof, offal and solid commercial or industrial wastes. 29. "Person" shall mean an owner, individual, firm, agent, corporation, association, partnership or municipality and agents, employees and servants thereof, or any other legal entity which is recognized by law as the subject of rights and duties. 30. "Putrescible Matter" shall mean organic matter, under the process of partial decomposition, by micro-organisms, producing a foul odor. 31. "Receptacle" shall mean water tight structures or containers for the purpose of storage, disposal or treatment of human excreta and/or wastewater. 32. "Regulatory Officer" shall mean the authorized representative of the Schuyler County Watershed Protection Agency including but not limited to the Watershed Inspector who additionally may be the duly authorized representative of the Town or Village Health Officer following approval and/or designation by individual Towns or Villages or their consolidated health districts. 33. "Replacement Wastewater Treatment System" shall mean any *construction or modification of a system serving an existing building which already has a wastewater treatment system. Complete or partial replacement of a system for an existing property with a system, shall be considered a replacement wastewater treatment system and must be approved by the regulatory officer. 34. "Seasonal Use" shall mean a wastewater treatment system serving an occupied dwelling producing wastewater discharge for not more than six continuous months. 35. "State Sanitary Code" shall mean the rules and regulations promulgated by the Public Health Council of the State of New York and designated as the New York State Sanitary Code. 36. "Structure" shall mean an assembly of materials, forming a construction framed of component structural parts for occupancy or use including buildings or dwellings. 37. "Watercourse" shall mean a visible path through which surface water travels on a regular basis including natural or man-made streams or ponds but not including drainage channels. ---PAGE BREAK--- 38. "Wastewater Treatment System" shall mean a system of piping, tanks or other elements designed to treat, purify, dissolve, distribute and dispose of sewage and/or other wastewater into soil. 39. "Watershed Protection Agency" shall mean the agency established by the Schuyler County Legislature to administer and enforce the Watershed Protection Law. 40. "Watershed Protection Law" shall mean and comprise the rules and regulations now or hereafter formulated, promulgated and adopted by the Schuyler County Legislature and properly filed with the appropriate state agencies. ARTICLE II Sewage Disposal - Wastewater Treatment Systems Section A. EXPOSURE, DISCHARGE AND DISPOSAL OF SEWAGE 1. No person shall discharge or permit or cause to be discharged untreated sewage, the overflow drainage or contents of a septic tank or other wastewater onto the surface of the ground or into any street, road, alley, open excavation, storm water sewer, land drain ditch, adjoining property, watercourse, lake or groundwater. 2. No person shall discharge, or permit or cause to be discharged treated or untreated sewage, the overflow drainage or contents of a septic tank or other wastewater into an abandoned water supply well, spring, cistern, sink hole, crevice or opening extending into limestone, sandstone, or other rock or shale formation which may degrade ground water. 3. Each building provided with plumbing fixtures or provided with a device to create a wastewater discharge flow, where no approved community or municipal sanitary sewage system is available, shall utilize a wastewater treatment system. 4. No wastewater treatment system shall be installed, extended or altered on property accessible to a community or municipal sewage disposal system. 5. No person shall install a wastewater treatment system within a one hundred (100) year flood plain without maintaining a one foot separation distance between the one hundred year flood level and the bottom of the filtration/absorption portion of the wastewater treatment system. 6. A minimum of three feet of useable soil shall exist above bedrock, groundwater, seasonal high groundwater or an impervious layer and the bottom of any new wastewater treatment system being designed for installation. 7. Due to the accelerated corrosion and decay of metal septic tanks, dosing tanks, pump station tanks and distribution devices these metal products shall be prohibited from use within Schuyler County. ---PAGE BREAK--- 8. No land disturbance shall occur for the purpose of creating an acceptable slope for the installation of a wastewater treatment system without prior approval of the regulatory officer. 9. Once the required filtration and/or absorption area is determined by daily flow, soil evaluation and percolation test the required square footage of useable area of the lot for the new construction wastewater treatment system can be found. An additional area of one hundred (100) percent shall be set aside for future expansion or replacement when possible. Section B. REGISTRATION OF INSTALLERS 1. As of January 1, 1995 any person who is engaged in whole or in part, in the business of delivering, constructing, maintaining or installing wastewater treatment systems or elements thereof or pumping of receptacles shall properly register that fact with the Schuyler County Watershed Protection Agency. Such registration shall be on a form prescribed and furnished by the regulatory officer. Homeowners solely performing installation or maintenance of systems situated upon their property are exempt from this requirement. 2. Any persons having not registered prior to January 1, 1995 must so register prior to performing installation or maintenance to any element of a wastewater treatment system. 3. Any person who fails or refuses to so register prior to performing any installation or maintenance to any element of a wastewater treatment system shall be subject to the penalties set forth in this law. 4. Registration information will be reviewed and updated annually. 5. All persons required to register must re-register by December 31 at the end of the third year. All persons having properly registered will be shown on a list to be provided to home or business owners upon request. 6. The list will not reflect any persons competency in the performance of their work nor will it reflect any coverage of the New York State Workers Compensation Law and Disability Benefits Law from those persons required to meet those requirements. Section C. ISSUANCE OF CERTIFICATE 1. Certificate of Approval a. No new wastewater treatment system shall be placed in operation for any new building, structure or manufactured home until a "Certificate of Approval" has been issued indicating that such system has been constructed in compliance with the Wastewater Treatment System Construction Permit and the requirements of Appendix 75.A. ---PAGE BREAK--- 2. Certificate of Completion a. No replacement wastewater treatment system shall be placed into operation for any existing building, structure or manufactured home until a "Certificate of Completion" has been issued indicating that such system has been constructed in compliance with the Wastewater Treatment System Construction Permit and the requirements of this Watershed Protection Law. 3. Certificate of Compliance a. A Certificate of Compliance shall be issued upon the completion of the evaluation of a wastewater treatment system either immediately prior to property transfer or mortgage refinancing or for the purpose of performing an evaluation prior to the issuance of a building permit allowing dwelling conversion or bedroom expansion. b. Certificates of Compliance indicates the results of an evaluation of the system being determined from various methods of observation such as but not limited to visual examination of the building plumbing system, visual examination of the interior of the septic tank and visual examination of the absorption and/or infiltration area following a septic dye test. c. The regulatory officer shall be authorized to require maintenance; such as but not limited to septic tank pumping, septic tank volume enlargement or modification of the wastewater system prior to the issuance of a Certificate of Compliance. d. No person shall replace or convert one dwelling with another or add bedrooms to an existing dwelling without first having obtained a Certificate of Compliance. Section D. WASTEWATER TREATMENT SYSTEM CONSTRUCTION PERMIT 1. No person, either as owner or agent thereof, or lessee or tenant, shall undertake to construct or repair a new or replacement wastewater treatment system for the disposal of sewage wastes to serve or serving any dwelling or structure from which such wastes may be discharged without first having obtained a "Wastes Water Treatment System Construction Permit" upon forms provided by the regulatory officer. 2. Any person, either as owner or agent thereof, or business delivering and/or assisting with the installation of a receptacle shall be subject to the penalties set forth in this law if participating with the installation of a receptacle of which a Construction Permit has not been issued. 3. No person shall situate, erect, begin construction or convert to another use any dwelling or structure that is subject to the provisions of this law and involves wastewater discharge without first obtaining a Wastewater Treatment System Construction Permit. Building expansions or conversions which do not alter wastewater discharge such as the building of a deck, garage, recreation room, etc., are exempt. ---PAGE BREAK--- 4. A copy of the Construction Permit issued by the Schuyler County Watershed Protection Agency may be supplied to the Town Clerk or other municipal agencies charged with the responsibility of issuing building permits for new construction or alterations and to the owner or his agent. 5. A Wastewater Treatment System Construction Permit shall be valid for one year from the date of issuance. Both the date of issuance and date of expiration shall be shown on the Construction Permit. 6. A construction permit may be renewed following reapplication and review. A fee shall be assessed for construction permit renewal. Section E. NEW WASTEWATER TREATMENT SYSTEM DESIGN STANDARDS 1. Wastewater treatment systems for new household construction shall be designed in accordance with Appendix 75.A of the New York State Sanitary Code and the provisions of the construction permit. 2. Wastewater treatment systems for new commercial or institutional construction may be designed according to the New York State Department of Environmental Conservation guidelines "Standards for Waste Treatment Works-Institutional and Commercial Sewage Facilities" or current reference. 3. All new wastewater treatment systems designed by a design professional or designs not subject to Appendix 75.A must be submitted and reviewed by the Watershed Protection Agency. 4. No more than two year-round dwellings shall be served by a single wastewater treatment system under the provisions of this law. 5. No more than three seasonal-use dwellings shall be served by a single wastewater treatment system under the provisions of this law. Section F. REPLACEMENT WASTEWATER TREATMENT SYSTEM DESIGN STANDARDS 1. Construction of replacement wastewater treatment systems may be designed and must be installed under the direction of the regulatory officer or a design professional. Replacement systems may be designed and installed according to the provisions of Appendix 75.A. 2. On limiting site conditions, the regulatory officer shall utilize up-to-date practical technology or require the system be designed and installed under the direction of a design professional or allow a holding tank be installed under the supervision of the regulatory officer. ---PAGE BREAK--- 3. Households served by replacement systems may be required to have DEC certified water conservation fixtures prior to the issuance of a "Certificate of Completion" to decrease system loading factors. 4. If the site is only occasionally inhabited, such as a hunting camp, and has no water under pressure or wastewater discharge, the regulatory officer may allow a non- waterborne system as described in appendix 75-A, design a complete wastewater treatment system, or require that a design professional submit plans for approval. 5. Wastewater treatment systems for existing commercial or institutional establishment construction may be designed according to the New York State Department of Environmental Conservation guidelines "Standards for Waste Treatment Works- Institutional and Commercial Sewage Facilities" or current reference. 6. All replacement wastewater treatment system designs not subject to Appendix 75.A must be reviewed by the Watershed Protection Health Agency. Section G. INDIVIDUAL WAIVERS 1. Replacement Wastewater Treatment Systems a. The regulatory officer may grant an individual waiver for replacement wastewater treatment systems in an individual situation because of hardship to comply with a recommended standard for wastewater treatment system design specifications of Appendix 75.A when such exception conforms to the spirit of the regulations. b. Each request for waiver must be in writing and each waiver granted must be in writing and advise the applicant that the design or conditions approved do not meet minimum recommendations and the potential consequences of such deviations. c. Each waiver applicant must sign a "Release of Liability" form provided by the Schuyler County Watershed Protection Agency holding the Agency and its regulatory officer free and harmless of any adverse consequences experienced by the homeowner as a result of design deviations. Said release form must be notarized. d. A waiver may be issued provided a compliance schedule is properly submitted by the property owner and accepted by the regulatory officer. Section H. INSPECTIONS 1. Construction of a wastewater treatment system shall be in accordance with the specifications approved in the Wastewater System Construction Permit. 2. No element of the system shall be covered until inspected and approved in accordance with the Wastewater Treatment System Construction Permit. Covered work shall be uncovered to permit inspection whenever considered necessary by the regulatory officer. ---PAGE BREAK--- 3. The regulatory officer shall be notified a minimum of 24 hours prior to the requested inspection date. 4. Inspections may include, but not be limited to, investigations, observations, interviews, review of written materials, samples and testing. 5. The design and construction of a wastewater treatment system meeting with the approval of the regulatory officer shall not be construed as a guarantee by the Schuyler County Watershed Protection Agency that the system will function satisfactorily for any given period of time. Section I. WASTEWATER SYSTEM EVALUATIONS AND COMPLIANCE 1. The regulatory officer shall be allowed to make regular and thorough inspections of wastewater treatment systems for purposes of inspection, observation and testing of sewage disposal systems. 2. Whenever it shall appear to the regulatory officer that a wastewater treatment system is operating unsatisfactorily, a written "Notice of Violation" shall be given to the property owner, agent, violator or violators specifying the nature of the violation and required corrective action. The owner of the wastewater treatment system has up to 30 days from receipt of the Notice of Violation to obtain a "Wastewater Treatment System Construction Permit". Completion of work detailed in the Construction Permit shall be performed within the time prior specified in the Notice of Violation not to exceed six months from the date of issuance of the Construction Permit. Upon written request, additional time up to 30 additional days may be granted due to climatic conditions. 3. When blatant and/or willful violations such as, but not limited to, draining sewage directly into water courses, water supplies or drainage channels one half of the times stated above in this section may be required to gain compliance. 4. It shall be the duty and obligation of the wastewater system owner to supply upon request to the regulatory officer, available information regarding wastewater treatment system type, capacity, location, usage, age, maintenance, etc., in order to determine the system's effectiveness. Section J. PROPERTY TRANSFER OR REFINANCING "CERTIFICATE OF COMPLIANCE" 1. If a lending institution, realtor or attorney requires a property owner or prospective property purchaser to obtain a wastewater treatment system evaluation or if a lending institution requires a property owner to obtain a wastewater treatment system evaluation for mortgage refinancing purposes only, the regulatory officer shall perform the inspection as per applicable provisions in this Section and issue a Certificate of Compliance. ---PAGE BREAK--- 2. Only a regulatory officer of the Schuyler County Watershed Protection Agency is authorized to evaluate and/or to certify the operation of a wastewater treatment system for the purpose of mortgage refinancing or transferring any property being served by a wastewater treatment system when this evaluation is required by a lending institution, realtor, attorney or purchaser. 3. Prior to any property transfer, or mortgage refinancing requiring an evaluation of a wastewater treatment system from a lending institution, realtor, attorney or purchaser all septic, aerobic or holding tanks must be pumped by a DEC-licensed waste hauler at least ten (10) days prior to the date of closing and inspected by the regulatory officer, unless it has already been pumped and inspected by the regulatory officer within the past year. The property owner must give the regulatory officer at least 24 hours notice to arrange for inspection of the tank. This maintenance pumping requirement shall not serve or imply in any way as an evaluation or certification of the operation of the wastewater treatment systems absorption and/or filtration element. 4. Prior to any property transfer or mortgage refinancing requiring an evaluation of a wastewater treatment system from a lending institution, realtor, attorney or purchaser the filtration and/or absorption area must be evaluated by the regulatory officer at least 10 days prior to the date of closing. The property owner must give the regulatory officer at least 24 hours notice to arrange for this inspection. 5. If the wastewater treatment system is determined to be operating unsatisfactorily or inadequately, a written Notice of Violation may be served and a Compliance Schedule specifying corrective action must be obtained prior to property transfer or refinancing closing. 6. For aerobic systems, the new owner must send a signed copy of a service contract to the regulatory officer within 30 days after property transfer. Section K. SEPTIC TANK PUMPING AND INSPECTION 1. All septic tanks should be routinely maintained to: 1) ensure baffles are adequate; 2) check for holes or cracks; and 3) determine if tank needs pumping. Regular maintenance of the septic tank will help to protect the filtration/absorption area from clogging. 2. Septic tanks, with total depth of sludge and scum exceeding one-third of the liquid depth, as demonstrated by the property owner or his agent, will be required to be pumped at property owner's expense. 3. Additional tank volume may be required by the regulatory officer to meet system use and design standards. ---PAGE BREAK--- 4. After septic tank pumping, the DEC certified contractor is required to send a "Septic Tank Pumping Inspection Form" to the Schuyler County Watershed Protection Agency, verifying the septic tank was inspected, pumped and describing other maintenance work completed on a basis or within thirty (30) days of repair or pumping. Section L. WASTEWATER TREATMENT SYSTEM ABANDONMENT a. Any pre-existing septic tank, holding tank, non-waterborne system or seepage pit must be pumped and filled with clean soil within ten (10) days of the installation of a replacement system. b. Any septic tank, holding tank, non-waterborne system or seepage pit must be pumped or allowed to remain under conditions of a Certificate of Compliance within two year of discontinued use. Section M. TEMPORARY TOILET FACILITIES 1. Any builder, contractor or other person, firm or corporation employing individuals on the construction or repair of any dwelling or structure not containing sanitary lavatory facilities shall provide or cause to be provided temporary toilet facilities at a convenient place upon the premises or readily accessible thereto and the same shall be properly enclosed. Human excreta shall be treated or removed in a manner acceptable to the regulatory officer. 2. Temporary toilet facilities shall be provided for gatherings of people wherever the regulatory officer determines them necessary to prevent nuisances which may affect health. The regulatory officer may require any person using a property for a gathering of people to provide temporary toilet facilities, hand washing facilities and water supply taps in numbers meeting or exceeding those required for mass gatherings by the State Sanitary Code. Section N. HOLDING TANKS 1. Holding tanks are allowed as replacement systems only and must be approved by the regulatory officer. 2. Newly installed holding tanks shall: 1) be vehicle accessible; 2) have an access port above grade not to exceed 6" in diameter; 3) have a capacity of four days storage based upon design flow of 150 gallons/bedroom/day, with a minimum of 1,000 gallons; 4) have an audio or visual float alarm device to alert the property owner that the tank is filled within 12 inches of the inlet pipe; 5) have anchoring devices for areas where seasonal high water is evident from soil investigations; and 6) utilize certified water conservation fixtures. ---PAGE BREAK--- 3. All holding tanks shall be inspected by the regulatory officer on an annual basis at the time of pumping. Homeowners shall give the regulatory officer 24 hours notice prior to the inspection date. 4. Holding tanks shall be pumped by a New York State licensed septic tank pumping contractor when the tank is a minimum of 12" from the inlet pipe and documentation shall be sent to the Schuyler County Watershed Protection Agency by the licensed septic hauler. 5. Any septic tank or holding tank that shows evidence of leaking must be replaced or repaired within the time period specified by the regulatory officer. Section O. AEROBIC UNITS 1. Only Class I aerobic units are acceptable for new or replacement systems and must be approved by the regulatory officer. For both new and replacement systems, aerobic tanks are considered a septic tank substitute and must be used in conjunction with a properly cited and designed filtration and/or absorption area approved by the regulatory officer. A permit from the DEC is required for any surface discharge. 2. A visual and audio warning device shall be installed in a conspicuous location so that activation of such warning device will alert property occupants of aerobic unit malfunction or failure. All warning devices shall be wired separately from the aerobic unit so that disconnecting the aerobic unit from electricity will activate the warning device. 3. All aerobic units must have a continuous maintenance contract agreement with an authorized service contractor if reasonably available. Each aerobic unit shall be inspected at least two times per year by the authorized service contractor. All service contracts must be sent to the Schuyler County Watershed Protection Agency annually to verify that a continuous contract exists for the aerobic unit. The service contractor shall have aerobic unit effluent tested annually by a certified laboratory to determine that the unit conforms with manufacturer's treatment specification as required by the regulatory officer. Section P. PROPER WASTEWATER STORAGE-BOATS 1. No person operating a launching site shall launch, set, place, etc. into the lakes within Schuyler County any boat equipped with a marine sanitation device unless Coast Guard approved. Any boat or vessel that is capable of discharge of any sewage, or wastewater from a holding tank, or toilet, shall have such discharge hole plugged and the plug cut off flush per Coast Guard procedure before the boat may be launched into any lake in Schuyler County. 2. Sewage wastes from boats must be disposed of in a manner acceptable to the regulatory officer or NYS Department of Environmental Conservation. ---PAGE BREAK--- Section Q. MINIMUM LOT SIZES-NEW CONSTRUCTION 1. Alternative Wastewater Treatment System a. Any person proposing to establish a dwelling meeting the requirements of this law must provide a minimum of 80,000 sq. ft. of usable land with a minimum of 150 ft. of road frontage or a 150 ft. diameter circle of which the wastewater treatment system is to be installed within. b. A minimum lot size of 40,000 sq. ft. with a minimum of 150 ft. of road frontage or a 150 ft. diameter circle of which the wastewater treatment system is to be installed within may be allowed if the person connects to a community or public water system, lake or private water supply situated outside of the 40,000 sq. ft. lot. 2. Conventional Sewage Disposal System a. Any person proposing to establish a dwelling meeting the requirements of this law must provide a minimum of 40,000 sq. ft. of usable land with a minimum of 100 ft. of road frontage or a 100 ft. diameter circle of which the wastewater treatment system is to be installed within. b. A minimum lot size of 20,000 sq. ft. with a minimum of 100 ft. of road frontage or a 100 ft. diameter circle of which the wastewater treatment system is to be installed within may be allowed if the person connects to a community water system, lake or private water supply situated outside of the 20,000 sq. ft. lot. Section R. EXCEPTIONS TO RESTRICTIONS AND DISTANCES FOR NEW CONSTRUCTION 1. Lot sizes a. An exception to the minimum lot size may be granted provided the person can demonstrate there is adequate square footage available to meet all of the specifications, rules and regulations of Appendix 75.A, however, exception to minimum lot size can only be granted when a proposal is submitted to the Schuyler County Watershed Protection Agency from a design professional acting on behalf of the person proposing to establish a dwelling and approved by the regulatory officer and/or the New York State Health Department. 2. Design Standards a. An exception to recommended design standards may be granted with the issuance of an individual waiver for replacement wastewater treatment systems. 3. Construction Permit ---PAGE BREAK--- a. A Wastewater Treatment System Construction Permit may not be required when the system design has been prepared by a design professional for new construction dwellings or for a system serving a facility discharging wastewater from an establishment approved or operated by a State or Federal Agency. 4. Certificate of Approval a. A Certificate of Approval may not be required for a system serving a facility discharging wastewater from an establishment approved or operated by a State or Federal Agency. 5. Certificate of Compliance a. Transfer of a building, structure or dwelling shall mean the transfer of ownership to another person or entity for consideration and does not include a transfer of ownership through inheritance, or within an immediate family to include, but limited to spouse and/or children. ARTICLE III Individual Water Supplies Section A. STANDARDS FOR NEW CONSTRUCTION 1. Individual water supply systems should be designed, constructed and maintained in accordance with the standards of the State Commissioner of Health bulletin entitled "Rural Water Supply" Appendix 75.B. Section B. REGISTRATION OF INSTALLERS 1. As of January 1, 1995 any person in the business of water supply system installation for human consumption shall register that fact with the Watershed Protection Agency. Such registration shall be on a form prescribed and furnished by the regulatory officer. Homeowners performing installation or maintenance of water supply systems situated upon their land are exempt from this requirement. 2. Any person not having registered prior to January 1, 1995 must so register prior to performing installation of individual water supply systems. 3. Any person who fails or refuses to register prior to performing a water supply system installation shall be subject to the penalties set forth in this law. 4. Registration information will be reviewed and updated annually. 5. All persons required to register must re-register by December 31 at the end of the third year. All persons having properly registered will be shown on a list to be provided to home or business owners upon request. ---PAGE BREAK--- Section C. APPROVAL REQUIRED 1. No person either as owner or agent thereof, or lessee or tenant, shall undertake to construct or provide a system or facilities for the supply of water from a ground water source to serve any new dwelling or structure without first having obtained approval of the proposed system from the regulatory officer. Such approval shall be granted upon filing with the regulatory officer a description of the proposed facilities upon forms provided by the regulatory officer. Section D. WELL LOG 1. Any person who installs an individual water supply utilizing ground water shall submit a well log report on a form prescribed by the regulatory officer. Section E. RENTAL UNITS 1. All landlords shall provide potable water to occupants of rental dwelling units. ARTICLE IV Nuisances Section A. DUTY TO INVESTIGATE 1. The regulatory officer or his representative shall receive and examine into all complaints made by an inhabitant of the County concerning public health nuisances causing danger to life and health in the County and may request such complaints to be in writing. Section B. INVESTIGATION 1. The regulatory officer or his representative may enter upon or within any place or premises where nuisances or conditions dangerous to life and health, or which are the cause of nuisances existing elsewhere, are known or believed to exist or examine the source. 2. The owners, agents and/or occupants of any dwelling or structure shall permit examinations and inspections to be made pursuant to the provisions of this article and Title I of Article 13 of the Public Health Law and Part 8 Chapter I of the State Sanitary Code. 3. The regulatory officer shall order the suppression and removal of all nuisances and conditions detrimental to life and health found to exist within the County. Section C. MANURE PILES ---PAGE BREAK--- 1. No manure piles shall be maintained or allowed to remain within a 200 foot distance of a water course provided that this section does not prohibit the normal spreading of manure which is not in piles. Section D. GARBAGE AND REFUSE REMOVAL 1. No person shall permit, deposit, store or hold any offensive material on any property or place or in any structure unless such material is so treated, screened, covered or placed as not to create a nuisance. 2. All containers for the storage of such material shall completely confine the material, shall be rodent and insect proof, and shall be kept in an inoffensive and sanitary condition for not more than fifteen (15) days. 3. All offensive material shall be buried at least two hundred (200) feet from any watercourse, pond, lake or individual water supply or be disposed of at other places approved by the New York State Department of Environmental Conservation so that water supplies will not be subject to pollution and where a nuisance will not be created. 4. Stray and/or disposal of offensive materials generated or stored on rental properties shall be the responsibility of the property owner or landlord acting as the owner's agent. MODEL WASTEWATER MANAGEMENT REGULATIONS Background The following regulations represent several months of development and review. This model regulation has been modified in several areas from earlier versions to reflect the fact that Elected Officials support a cooperative and uniform regulatory program. The successful implementation and enforcement of these regulations requires that all wastewater systems be reviewed, designed and installed under the direction of a centralized program. The standards were developed to ensure the protection of public health and water quality in the County. Both new construction and replacement systems are addressed in the code. An emphasis in the code is placed on evaluating, improving or replacing inadequate wastewater systems. There are also provisions for property transfer inspections, water supply development and nuisance complaints. DISCUSSION: Legislator Burnside asked Jim Howell, Watershed Inspector, if the fees and fines have been established. Mr. Howell noted that they have been in place and will remain the same. VOTE: Passed 8-0. RESOLUTION NO. 163 Motion by Halpin, second by Burnside. ---PAGE BREAK--- RE: AUTHORIZE TRANSFER OF FUNDS - SHERIFF'S DEPARTMENT BE IT RESOLVED, that the Schuyler County Treasurer be, and hereby is, authorized to transfer up to $7,000 from the Reserve Fund Seized Assets to account no. 3121 Seized Asset Account for use by the Sheriff's Department for their computer program. VOTE: Passed 8-0. RESOLUTION NO. 164 Motion by Halpin, second by Burnside. RE: CONTRACT - UNITED CEREBRAL PALSY AND HANDICAPPED CHILDREN'S ASSOCIATION OF CHEMUNG COUNTY, INC., FOR EARLY INTERVENTION PROGRAM SERVICES WHEREAS, the Schuyler County Early Intervention Program must contract with providers to provide early intervention services to eligible children from birth through age two as required by the New York State Department of Health. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an ongoing contract with United Cerebral Palsy and Handicapped Children's Association of Chemung County, Inc., to provide early intervention services, effective January 11, 1994, at rates set by the New York State Department of Health; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 165 Motion by Halpin, second by Burnside. RE: CONTRACT WITH NEW YORK STATE DEPARTMENT OF HEALTH FOR REIMBURSEMENT OF RABIES EXPENSES WHEREAS, the New York State Department of Health will partially reimburse Schuyler County for rabies program expenses from 4/1/93 through March 31, 1998 under the terms of its proposed contract, and WHEREAS, the terms of the contract include: 1) The county will authorize expenses according to a protocol approved by New York State, and 2) New York State will reimburse the county only for expenses actually incurred by the county with limits of up to $1,000 per individual treated, $40 per specimen submitted and $2,000 for pet vaccination clinics, up to the maximum amount budgeted by the state for each year, and WHEREAS, New York State budgeted $15,000 for Schuyler County from 4/1/93 through 3/31/94. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby accepts the terms of this agreement and authorizes the Chairman of this Legislature to execute an agreement with the New York State Department of Health to reimburse rabies expenses from 4/1/93 through 3/31/98, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 166 Motion by Halpin, second by Burnside. RE: GRANT FROM NEW YORK STATE DEPARTMENT OF HEALTH FOR REIMBURSEMENT OF EXPENSES TO ENCOURAGE SECONDARY DISTRIBUTION OF VACCINE WHEREAS, the New York State Department of Health is offering up to $11,700 in grant funding to Schuyler County to reimburse personnel expenses related to secondary distribution of vaccine from January 1, 1994 through December 31, 1994. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with the New York State Department of Health to reimburse the county for personnel expenses related to secondary distribution of vaccine from January 1, 1994 through December 31, 1994, and BE IT FURTHER RESOLVED, that the 1994 Public Health budget be adjusted as follows: + $9,000 4010.100-4005 - Personal Service + $2,700 4010.489-4005 - Fringe Benefits = $11,700 Total Budget Increase + $11,700 4010.3401-4005 - Grant Revenue VOTE: Passed 8-0. RESOLUTION NO. 167 Motion by Smith, second by Halpin. RE: AUTHORIZE ADVERTISING FOR BIDS FOR TRANSPORTATION OF PRESCHOOL HANDICAPPED CHILDREN FROM 7/1/94 - 6/30/95 WHEREAS, Schuyler County must provide transportation to preschool handicapped children. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Home Health Agency is authorized to advertise for bids for the transportation of preschool handicapped children from 7/1/94 through 6/30/95, and ---PAGE BREAK--- BE IT FURTHER RESOLVED, that bids are to be marked "Sealed Bid" and received by the Clerk of the Legislature at the Courthouse, 105 9th Street, Watkins Glen, New York, 14891, not later than 5:00 p.m. on Thursday, May 26, 1994. The bids will be opened at the Public Health Committee meeting Friday, May 27, 1994, at 1:00 p.m., at which time recommendation for legislative action will be made; acceptance or rejection of bids will be done at the June 13, 1994 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. 168 Motion by Smith, second by Halpin. RE: CONTRACT CONSULTING - MENTAL HEALTH BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with John Deines, MD, at a rate of $65.00 per hour through April 11, 1994 and $70.00 per hour beginning April 12, 1994 through December 31, 1995 in an amount not to exceed $60,000 during 1994 and $61,500 in 1995; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the proof of insurance provided be acceptable in said contract. VOTE: Passed 8-0. RESOLUTION NO. 169 Motion by Smith, second by Halpin. RE: AMEND RESOLUTION NO. 16-94 - TRAVEL REIMBURSEMENT BE IT RESOLVED, that Resolution No. 16-94 be amended to read, "that all authorized personnel be allowed to claim mileage at the rate of $.28 per mile except where a different rate is set by contract" to be effective immediately. VOTE: Passed 8-0. RESOLUTION NO. 170 Motion by Karius, second by Young. RE: RULES OF PROCEDURE MODIFICATION - ONE MONTH NOTICE WHEREAS, it is the recommendation of the Administrative Committee to clarify Paragraph 11, Rule 22 of the Rules of Procedure of the Schuyler County Legislature. NOW, THEREFORE, BE IT RESOLVED, that notice of the following modification of Rule 22 (Paragraph 11) be, and hereby is given, pursuant to Rule 29 of said Rules of Procedure: "Committees shall have general charge of all matters pertaining to the work of this Legislature as indicated by the titles thereof, or as more specifically described as ---PAGE BREAK--- special duties therefor. Each committee shall supervise and have charge of appropriated expenditures. Any appropriated expenditure in excess of $500.00 shall be approved by the department's committee except when the Department Head deems an emergency to exist. Any expenditure not included in the budget shall be processed through the department's committee unless the amount which exceeds the budget line item is $50.00 or less; except in cases when the Department Head deems an emergency to exist. Any unappropriated account expenditure shall be referred by the department's Committee, with its recommendation, to the Finance Committee. The Finance Committee shall, following financial review with the Treasurer's Office, 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)." VOTE: Passed 8-0. RESOLUTION NO. 171A Motion by Smith, second by Halpin. RE: MOTION TO TABLE RESOLUTION NO. 171 BE IT RESOLVED, that Resolution No. 171 be tabled. DISCUSSION: Legislator Fitzsimmons, who was unable to attend the Corrections, Reformation and Education Committee meeting, feels there are potential implications that come with this resolution. He understands the feeling of the community that criminals get off easy, but feels this is not the appropriate legislation. Legislator Smith recalled the Corrections Committee having a discussion on the resolution and asked to have an opportunity to express his opinion as a member of the Corrections Committee. Legislator Fitzsimmons said he does not support the death penalty, none the less youthful offenders that would be put to death or sentenced to life in prison if convicted. Legislator Hastings said she felt she was not in the position to approve this resolution and asked to abstain. It was felt that the issue should go back to Committee for further discussion. Legislator Smith withdrew his request to vote upon this resolution tonight. Legislator Hastings "called for the question". VOTE: Passed 7-1. No: Fitzsimmons. RESOLUTION NO. 171 Motion by Karius, second by Young. RE: SUPPORT CHANGES IN NEW YORK PENAL AND CRIMINAL PROCEDURES - TABLED WHEREAS, this County Legislature agrees that murders and violent crimes against children are ever increasing in New York State and across our nation, and WHEREAS, these violent acts are the most heinous of crimes in our society, and ---PAGE BREAK--- WHEREAS, the residents of Schuyler County agree that harsher punishment must be given to persons who commit these violent acts against our children, and WHEREAS, we believe the lawmakers of New York State must take a leading role in changing the laws that govern New York State in regard to violent acts against our children. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the following changes in the New York State Penal and Criminal Procedure Law: 1) In regard to the murder of a child, the age defined as a child be 18 years or younger. 2) No plea bargaining will be allowed to reduce the sentence of a child killer, and BE IT FURTHER RESOLVED, that the following changes be made in regard to the perpetrators: 1) A convicted child killer will be sentenced to his natural life in prison, or death if allowed by State Law, and will not be allowed parole with the first offense. 2) In any violent acts committed against children, including non-parental abduction and all sexual violations, the perpetrator be sentenced to the maximum time allowed using NYS Law and must serve this sentence without parole, and upon parole these offenders should be required to register their residence with the County Sheriff, and BE IT FURTHER RESOLVED, that this Legislature directs the Legislative Clerk to send a copy of this resolution to all our State representatives who represent any or all parts of Schuyler County, and BE IT FURTHER RESOLVED, that this Legislature directs the Legislative Clerk to send a copy of this resolution to every county in New York State asking for their support to adopt this resolution. RESOLUTION NO. 172 Motion by Karius, second by Young. RE: AUTHORIZE HIRING OF SENIOR STAFF SOCIAL WORKER - MENTAL HEALTH WHEREAS, there will exist a vacancy in the Mental Health Department for a Senior Staff Social Worker due to a promotion to Supervising Social Worker, and WHEREAS, the position of a Senior Staff Social Worker in the Mental Health Department is essential to operation of the Department. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the advertising and hiring of a Senior Staff Social Worker in the Mental Health Department at a salary of $28,058. VOTE: Passed 8-0. RESOLUTION NO. 173 Motion by Smith, second by Burnside. RE: ACCEPT/REJECT BIDS FOR TAX DEED PARCELS REMAINING UNSOLD FROM TAX AUCTION WHEREAS, Resolution No. 121-94 authorized advertisement for bids for tax deed parcels remaining unsold from the tax auction, and WHEREAS, said advertisement was made, bids received and opened at the Finance Committee on April 4, 1994. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Finance Committee, this Legislature accept the following bid: For Parcel No. 2: Howard Howell #17.12-1-15.1 4121 County Route 25 (formerly Gee) Dundee, New York 14837 $2,200 , and BE IT FURTHER RESOLVED, that the following bids be rejected: For Parcel No. 1: Richard L. Bitter, Jr. #88.13-1-62 4181 County Route #1 (formerly DeSarno) Valois, New York 14888 $250.00 For Parcel No. 2: Richard L. Bitter, Jr. 4181 County Route #1 Valois, New York 14888 ---PAGE BREAK--- $110.00 NOTE: The bid submitted by Howard Howell was for Mr. Robert G. Buono, R.D. Route 70, Arkport, New York 14807. The envelope on the bid had Mr. Howell's name and address on it. Mr. Buono's name and address on the bid was not noticed until after the resolution was adopted. Pursuant to the County Attorney's opinion, notation of the situation would be suffice to rectify the situation. Mr. Buono will be notified of his accepted bid. VOTE: Passed 8-0. RESOLUTION NO. 174 Motion by Smith, second by Burnside. RE: REJECT BID FOR PRESSURE TREATED TIMBERS WHEREAS, Resolution No. 138-94 authorized advertisement for bids for pressure treated timbers for the Seneca Harbor Park seawall project, and WHEREAS, said advertisement was made and one bid received and opened at a special Community Development, Planning & Expansion Committee meeting on April 28, 1994, and WHEREAS, Schamel Brothers have advised the County that the lake is too high for them to proceed with the work until approximately August and further recommends that the County hold up on purchasing the timber, and WHEREAS, Wickes Lumber has expressed willingness to bid a second time and there is a possibility of more bids being received at a later date. NOW, THEREFORE, BE IT RESOLVED, that this Legislature reject the one bid received for pressure treated timbers from Wickes Lumber, 100 Commercial Avenue, Ithaca, New York 14850, and BE IT FURTHER RESOLVED, that the Purchasing Division be, and hereby is, authorized to request competitive bids for pressure treated timbers at such time as deemed appropriate by the Community Development, Planning & Expansion Committee. VOTE: Passed 8-0. RESOLUTION NO. 175 Motion by Smith, second by Burnside. RE: AUTHORIZE TRANSFER OF FUNDS - DISTRICT ATTORNEY WHEREAS, the District Attorney's Office is in receipt of an attorney's bill for special prosecutor services in the total amount of $8,221.04, and ---PAGE BREAK--- WHEREAS, $2,482.04 is for services performed from August 31, 1993 through December 31, 1993 and $5,739.00 is for services performed in 1994, and WHEREAS, the 1993 portion of the bill can be paid accordingly, however, there is only $2,500 allocated in 1994 District Attorney account no. 1165.435 for this type of expense, and WHEREAS, it is felt that $1,000 should be left in this account for the remainder of the year for any other special prosecutor services which may arise. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be, and hereby is, authorized to transfer $3,000.00 from account no. 1930.400 (Judgments and Claims) and $1,239.00 from account no. 1990.500 (Contingency) to District Attorney account no. 1165.435 (Professional Fees and Services). VOTE: Passed 8-0. RESOLUTION NO. 176 Motion by Young, second by Smith. RE: PERSONNEL ACTIONS FULL-TIME ADMINISTRATIVE POSITIONS - 121 PART-TIME ADMINISTRATIVE POSITIONS - 55 FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4 FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23 APPOINTMENTS: EFFECTIVE NAME TITLE DEPARTMENT DATE SALARY TYPE MUNROE, Darlene Sr. Account Social Svcs. 03/14/94 15,609 Perm Clerk Typist SALBEGO, Rose Account Clerk Home Health 02/22/94 7.8208 Prov Typist (30 hrs./wk.-grant funds) SCHMIDT, Debra Conf. Sec'y. County Atty. 03/14/94- 15,760 Exmt Trainee 04/08/94 ---PAGE BREAK--- APPOINTED OFFICIALS: FRANZESE, Chairman Legislature 02/01/94- 7,000 Term Angeline B. 12/31/94 NAME TITLE DEPARTMENT DATE RESIGNATIONS: SCHMIDT, Debra L. Sr. Acct. Clk. Typ.Social Svcs. 03/11/94 TERMINATIONS: JOHNSON, Lawrence Youth Counselor Youth Bureau 12/31/93 BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature. VOTE: Passed 8-0. RESOLUTION NO. 177 Motion by Young, second by Smith. RE: APPOINTMENTS - PROFESSIONAL ADVISORY AND HEALTH SERVICES ADVISORY COMMITTEES BE IT RESOLVED, that this Legislature approve the appointment of the following individuals to the Professional Advisory and Health Services Advisory Committees for the respective terms, to wit: PROFESSIONAL ADVISORY (1/1/94 - 12/31/94) Barbara Regan, Chairperson Anne Balch Ruth Bedient Eleanor Callanan Angeline Franzese, Legislative Chair Erik Miller Doolittle Harold Hoffmire Dr. L. Titus Parker HEALTH SERVICES ADVISORY Doolittle, 1/1/94-12/31/97 Elizabeth Hayes, 1/1/94-12/31/97 MaryAnn Bryant, 1/1/94-12/31/97 Barbara Halpin, Legislator, 1/1/94-12/31/95 Carol Bossard, unexpired term of D. Cole until 12/31/96 ---PAGE BREAK--- VOTE: Passed 8-0. RESOLUTION NO. 178 Motion by Young, second by Smith. RE: AUTHORIZE CONTRACT - DEMJANEC & ASSOCIATES FOR ARCHITECTURAL & ENGINEERING SERVICES FOR VARIOUS COUNTY BUILDINGS WHEREAS, the Schuyler County Legislature has recognized the need of several large projects as per Resolution No. 403-93, and WHEREAS, funding for these projects has been appropriated per Resolution Nos. 480 and 482-93, and WHEREAS, it is necessary to have the professional services of an architectural and engineering firm. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign a contract with Demjanec & Associates Architects for a fixed fee of $29,750, and BE IT FURTHER RESOLVED, that the five projects to be covered by this contract are: 1) Rural Urban Center roof replacement; 2) Rural Urban Center accessible restrooms and Office for Aging accessible restrooms; 3) Office for Aging roof replacement; 4) Office for Aging canopy and facade; and 5) Office complex parking lot, office complex residence removal, Rural Urban Center ramp and sidewalk, and Rural Urban Center parking lot entrances, and BE IT FURTHER RESOLVED, that the level of service shall be as described in Demjanec & Associates proposal dated March 24, 1994 and further clarified in letters dated March 25 and March 28, 1994. VOTE: Passed 8-0. RESOLUTION NO. 179 Motion by Young, second by Smith. RE: AUTHORIZE COUNTY TREASURER TO PAY AUDIT WITHIN FUNDS WHEREAS, the bills have been audited and ordered paid. NOW, THEREFORE, BE IT RESOLVED, that Abstract 3 of 1994, bills numbered as follows: General Fund #1230 - #1626; Capital General Fund #1627 - 1630; County Road Fund #1631 - #1641; Machinery Fund #1642 - #1666, as certified by the Chairman and Deputy Clerk of the Schuyler County Legislature, be transmitted to the County Treasurer, and ---PAGE BREAK--- BE IT FURTHER RESOLVED, the County Treasurer is authorized to make direct payment by check of the amounts shown and that the respective accounts be charged the amounts allowed. Summary of Accounts I General Fund Human Services Committee $ 26,466.39 Legislative Committee 2,221.59 Agriculture/Natural Resource 60,599.25 Finance Committee 10,538.06 Administrative Committee 80,821.31 Corrections, Refor. & Ed. 225,284.16 Co. Clerk/Elections Comm. 1,035.52 Public Health Committee 32,042.15 Mental Health Committee 80,001.56 Public Safety Committee 20,471.80 Assessment/Taxation Comm. 8,073.77 Buildings & Grounds Comm. 26,292.68 Community Development, Planning & Expansion 19,540.00 Highway Committee 8,893.08 Total General Fund..........$602,281.32 II Capital General Fund Buildings and Grounds Comm. $137,185.56 Total Capital General Fund..$137,185.56 ---PAGE BREAK--- III Trust Fund Gazebo Fund $ 00.00 Total Trust 00.00 IV County Road Fund Total County Road 6,863.66 V Machinery Fund Total Machinery 9,903.92 TOTAL AUDIT.....$756,234.46 APPROVED/s/ Angeline B. Franzese APPROVED/s/ Doris J. Craig Chairman Clerk Schuyler County Legislature Schuyler County Legislature VOTE: Passed 8-0. RESOLUTION NO. 180 Motion by Young, second by Hastings. 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. 181 Motion by Smith, second by Karius. RE: SUPPORT OF THE UPPER SUSQUEHANNA RIVER BASIN STRATEGIC PLAN WHEREAS, the quality of our water is important to the people of the nation, and WHEREAS, the Chesapeake Bay has been identified as a major estuary that has been negatively impacted by nutrients and sediment, and WHEREAS, the upper reaches of the Upper Susquehanna River Basin contains 6.1 million acres which drain into the Chesapeake Bay, and ---PAGE BREAK--- WHEREAS, it is estimated that the Upper Susquehanna River Basin in New York contributes 21.9 million pounds of nitrogen and 0.64 million pounds of phosphorus to the Chesapeake Bay, and WHEREAS, Schuyler County is within the Upper Susquehanna River Basin, and WHEREAS, the local soil and water conservation districts within the Upper Susquehanna River Basin have developed a strategic plan to address non-point sources of pollution, and WHEREAS, the implementation of such a plan would be beneficial to the people of Schuyler County and of the nation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the concept of total watershed management as outlined in the "Strategic Plan for Strengthening the Coordinated Regional/Bi-State Approach to Protection and Improving Water Quality in the Upper Susquehanna River Basin", and BE IT FURTHER RESOLVED, the Clerk of this Legislature be directed to send copies of this resolution to all the appropriate officials. DISCUSSION: Tom Brace explained that the purpose of this action is to put a viable program on the table for discussion to protect regional water quality. The goal is the year 2000 and there is a need to accelerate implementation. Chairman Franzese noted that Southern Tier Central Regional Planning & Development Board will also be supporting this issue. In response to Legislator Fitzsimmons' question, Mr. Brace said that the Farm Bureau supports the concept, as well as the Grange and Cooperative Extension. VOTE: Passed 8-0. RESOLUTION NO. 182 Motion by Young, second by Fitzsimmons. RE: DECLARATION OF APRIL 28, 1994 AS "WORKERS' MEMORIAL DAY" WHEREAS, April 28th is the day chosen by the national labor movement for the observation of Workers' Memorial Day to remember all workers who have died or been injured on the job, and NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature proclaims April 28, 1994 as Workers' Memorial Day and supports the call for moment of silence at workplaces throughout the County at 2:00 p.m. in memory of all workers who have died or been injured on the job. VOTE: Passed 8-0. RESOLUTION NO. 183 Motion by Burnside, second by Karius. ---PAGE BREAK--- E: ACCEPT RESIGNATION/AUTHORIZE APPOINTMENT - CONFIDENTIAL SECRETARY TO COUNTY ATTORNEY WHEREAS, the County Attorney is in receipt of Barbara Klemann-Caldwell's resignation as Confidential Secretary to the County Attorney effective April 8, 1994. NOW, THEREFORE, BE IT RESOLVED, that this Legislature accepts the resignation of Barbara Klemann-Caldwell as Confidential Secretary to the County Attorney effective April 8, 1994, and BE IT FURTHER RESOLVED, that this Legislature acknowledges the appointment by James P. Coleman, County Attorney of Debra Schmidt as Confidential Secretary to the County Attorney at a salary of $16,774 effective April 11, 1994 for the unexpired term ending December 31, 1995. VOTE: Passed 8-0. REPORT ON STANDING COMMITTEES: Legislator Halpin reminded fellow legislators of the April 12th Administrative Committee meeting at 9:00 a.m. Legislator Hastings passed around a plaque that the Soil & Water Conservation Office received. Legislator Hastings gave outlines on information she has obtained from different agricultural meetings she has attended. Legislator Hastings said that they have created an Agricultural Services Committee to involve different agricultural groups in the area to open up communications and increase community awareness. She invited the legislators to attend the Farm Bureau's annual dinner on April 15th and advised them to contact Ben Dickens if interested. Legislator Young advised that the CASA Program is in full gear and that he has a meeting tomorrow morning with Judge Callanan and others to deal with the issue. Legislator Young said they are still working on space for the Youth Bureau Office. He further announced that all Community Development, Planning & Expansion Committee meetings will be held in the Legislative Chambers from now on. Legislator Karius announced a special Human Services Committee meeting on April 14th at 4:30 p.m. regarding the contract for veterans services. Legislator Halpin said that the bonds are in process of being sold and that the County received an rating. UNFINISHED BUSINESS: None. NEW BUSINESS: Chairman Franzese said she is in receipt of a letter from Senator Kuhl regarding the lake watch, explaining the water levels. She further reminded the legislators of Southern Tier Central Regional Planning & Development Board's 25th Anniversary Dinner on May 12, 1994. Legislator Halpin announced that the county now has access to a Recycling Coordinator at Cooperative Extension and his name is Jeffrey VanSon. PUBLIC PARTICIPATION - 8:52 P.M.: Tom Ryan, Odessa, asked if the county is looking into fingerprinting Social Services clients as it might save money. The meeting adjourned at 9:02 p.m. ---PAGE BREAK--- Doris J. Craig, Clerk Gail M. Willis, Deputy Clerk REGULAR MEETING MAY 9, 1994 The May 9, 1994 Regular Meeting of the Schuyler County Legislature was called to order by Chairman Franzese at 6:35 p.m. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present. ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese read the one emergency resolution coming to the floor tonight by title. Chairman Franzese announced that the Legislative Offices have moved to the second floor of the courthouse until the new addition is complete. She advised that for those who are handicapped, the court offices are available to assist them in contacting our office. She further advised that all committee meetings will be held in the Civil Defense Conference Room in the basement of the Sheriff's Department unless otherwise noted. The Legislative calendar is in the hallway of the first floor of the courthouse where it has always been. PRESENTATION TO ROBERT E. COLLINS: Chairman Franzese presented a gift to Mr. Collins for serving on the Legislature for the years 1992-93. Chairman Franzese commented on Mr. Collins' dedication and hard work for Schuyler County and wished him a wonderful retirement from public service. Mr. Collins thanked everyone for the gift and opportunity to serve the community. PUBLIC PARTICIPATION - 6:43 P.M.: Mary German, Odessa, brought up the issue of $10,000 for household hazardous waste and would like the Legislature to consider putting $10,000 in the 1995 budget towards this as it will take $50,000 to complete the project. Chairman Franzese closed Public Participation at 6:45 p.m. with no objection from the public. RESOLUTION NO. 184 Motion by Fitzsimmons, second by Young. RE: APPROVE MINUTES OF THE FEBRUARY 14, 1994 AND MARCH 14, 1994 REGULAR MEETINGS OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the February 14, 1994 and March 14, 1994 Regular Meetings of the Schuyler County Legislature be approved. ---PAGE BREAK--- DISCUSSION: Chairman Franzese included clarification for the record on the March minutes as follows: "On December 29, 1993, Mr. Smith was informed by officials of the New York State Department of Audit & Control that they, Audit and Control, had determined, that by law, a disclosure was necessary of his wife's employment." Legislator Smith questioned the County Attorney on the appropriateness of having the minutes changed by Chairman Franzese when she was not present at the meeting. Legislator Smith said he made it perfectly clear at that meeting that the request came from Audit and Control and that it was also checked upon a number of times via telephone calls to Audit and Control by the Chairman of the Legislature. VOTE: February Minutes - 8-0. March Minutes - 6-2 (Noes: Smith & Hastings) RESOLUTION NO. 185 Motion by Young, second by Hastings. RE: CREATE ADVERTISING LINE ITEM - CENTRAL DATA PROCESSING WHEREAS, it is necessary to have a advertising line item in the Central Data Processing budget for the purpose of paying advertising bills for the computer consultant. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to create line item 1680.402 in the 1994 Central Data Processing budget, and BE IT FURTHER RESOLVED, that $500.00 be transferred from acct. no. 1680.408 to acct. no. 1680.402. VOTE: Passed 8-0. RESOLUTION NO. 186 Motion by Young, second by Hastings. RE: TRANSFER FUNDS FOR COMPUTER SOFTWARE - CENTRAL DATA PROCESSING WHEREAS, the 1994 budget for Central Data Processing lists line item .578 for Computer Software, and WHEREAS, computer software should be an item listed in the fixed assets and therefore should be in the equipment group. NOW, THEREFORE, BE IT RESOLVED, that $3,000 be transferred from Central Data Processing acct. no. 1680.578 to acct. no. 1680.278. ---PAGE BREAK--- VOTE: Passed 8-0. RESOLUTION NO. 187 Motion by Young, second by Hastings. RE: APPROVAL OF ALTERNATIVES TO INCARCERATION SERVICES PLAN 1994-95 WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the fiscal year 1994 through 1995, and WHEREAS, said Plan and Budget have been reviewed and both appear to be in order. NOW, THEREFORE, BE IT RESOLVED, that the 1994-95 Criminal Justice Advisory Plan and Budget be, and hereby are, approved by the Schuyler County Legislature, 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 8-0. RESOLUTION NO. 188 Motion by Hastings, second by Young. RE: PROCLAIM THE MONTH OF MAY "FOSTER PARENT MONTH" WHEREAS, Governor Cuomo, as part of the Decade of the Child Program, has proclaimed May, 1994 "Foster Parent Month", and WHEREAS, Schuyler County also wishes to honor foster parents for their outstanding work with foster children and their biological parents. NOW, THEREFORE, BE IT RESOLVED, that May, 1994 be, and hereby is, proclaimed "FOSTER PARENT MONTH", and BE IT FURTHER RESOLVED, that a certified copy of this resolution be presented to each foster parent in thanks for their dedication to improving the lives of Schuyler County Youth. VOTE: Passed 8-0. RESOLUTION NO. 189 Motion by Hastings, second by Young. RE: AMEND RESOLUTION NO. 90-94/APPOINTMENT OF FINGER LAKES ASSOCIATION REPRESENTATIVE ---PAGE BREAK--- BE IT RESOLVED, that Resolution No. 90-94 to read as follows by deleting the second "Be It Resolved" clause: "BE IT RESOLVED, that Angeline B. Franzese, Chairman of the Schuyler County Legislature, be appointed to represent Schuyler County on the Finger Lakes Association Board of Directors for 1994." VOTE: Passed 8-0. INTRO NO. 6 - WITHDRAWN RE: APPOINTMENTS - PLANNING COMMISSION AND EMC RESOLUTION NO. 190 Motion by Hastings, second by Young. RE: RESOLUTION OF RECOGNITION TO SOUTHERN TIER CENTRAL REGIONAL PLANNING AND DEVELOPMENT BOARD AND RICHARD C. BORNHOLDT WHEREAS, the Southern Tier Central Regional Planning and Development Board has provided exceptional planning and economic development services to Schuyler County for a quarter of a century, and WHEREAS, the Schuyler County Legislature is deeply appreciative of these services, and WHEREAS, Schuyler County resident Richard C. Bornholdt played a vital role in the creation of the Southern Tier Central Regional Planning and Development Board, and WHEREAS, Mr. Bornholdt has tirelessly and continually represented Schuyler County on the Southern Tier Central Board of Directors. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby extend grateful appreciation to the Southern Tier Central Regional Planning and Development Board for its twenty-five years of exemplary service and to Mr. Richard C. Bornholdt for his twenty-five years of service to the Southern Tier Central Board on behalf of Schuyler County, and BE IT FURTHER RESOLVED, that copies of this resolution be formally presented on the 12th day of May, 1994 to both the Chairman of the Board of Southern Tier Central and to Mr. Richard C. Bornholdt. VOTE: Passed 8-0. Duane Spilde, Community Services Director, noted that new people had entered the meeting and requested that Public Participation be re-opened with Chairman Franzese ---PAGE BREAK--- obliging. Dr. Paul Donnelly said he was asked to attend by John Hayes, Chairman of the Community Services Board, in regards to the proposed Mental Health building site. Dr. Donnelly urged the Legislature to adopt the proposed site and to keep in mind the time restrictions. Public Participation was declared closed at 7:00 p.m. PUBLIC HEARING - 7:00 P.M. - LOCAL LAW #3 OF THE YEAR 1994: Bill Elkins complimented Jim Howell, Watershed Inspector, on his hard work with the local law and how well he works to help the public. Mr. Elkins expressed concern that the local law not be oppressive, specifically relating to selling property, requesting optional septic checks. Jim Howell and Attorney Coleman both felt that this was explained under Definition for Certification of Issuance, and that the regulation stated "if" required. Bill Newell, Reading, spoke in support of the local law stating he felt it was very clear, protects the environment and gives latitude relative to enforcement. Guy Schamel, Hector, supported the local law, but expressed concern with property transferred within family possibly including a time deadline, such as within three years, but this could be addressed if needed in the future. Mary German, Odessa, said the Environmental Management Council had reviewed the law and felt it was very good and informative. Clara Wagner spoke on behalf of a group of people present, the Concerned Citizens of Alpine, relative to refuse removal and junk removal. Mr. Howell noted that refuse removal has always been in the Watershed law and he has tried to clarify it further in the new law. Junk removal is not a county responsibility, but a town responsibility. This group had many concerns and Chairman Franzese asked the parties to get together to address some of these concerns. Casey Creamer asked if this law is adopted if it would include all municipalities within the county. Mr. Howell responded affirmatively excluding the Village of Burdett. Frank Ganung, Town of Dix, asked if this law would affect the responsibilities of town health officers. Mr. Howell responded negatively. Chairman Franzese declared the Public Hearing closed at 7:52 p.m. PRESENTATION - 7:52 P.M. - CURT RIPLEY, COMMUNITY PROGRESS, INC.: Mr. Ripley explained that Community Progress is a tri-county agency and that they opened the office in October of 1990. Last year they received $100,000 federal monies, the HOME grant, for low income families who own their homes and need home repairs. They hope to complete this project by August. Community Progress just completed grants for Towns of Hector and Orange (54 applied in Town of Hector, 33 applied in Town of Orange). This program requires that homes be brought up to federal regulations. The cost averages $18,000 per home. The NYS Division of Housing will make the decision on these monies. Mr. Ripley urged state legislators to be contacted to support our area receiving these monies. Mr. Ripley explained that CPI also does a weatherization program with NYSEG every year in the fall and encouraged the public to have NYSEG do a free home energy survey for them. Chairman Franzese thanked Mr. Ripley for attending and concluded the presentation at 8:00 p.m. RESOLUTION NO. 191 Motion by Smith, second by Young. RE: RE-AFFIRM COMMITMENT OF SCHUYLER COUNTY TO REDEC ---PAGE BREAK--- WHEREAS, Schuyler County supports the Regional Economic Development and Energy Corporation's revolving loan fund through the Economic Development Administration, and WHEREAS, Schuyler County budgeted $15,000 in the 1994 Budget to provide local match funding for this program, and WHEREAS, notice has been received that REDEC will not be funded in fiscal year 1994 and the recapitalization request will be resubmitted in June 1994 for funding in fiscal year 1995 which begins October 1st. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby reaffirm its continued support of the REDEC revolving loan fund and will again provide the $15,000 matching local funds in the 1995 Budget. VOTE: Passed 8-0. RESOLUTION NO. 192 Motion by Young, second by Halpin. RE: CREATE POSITION OF SENIOR ACCOUNT CLERK TYPIST - LEGISLATURE WHEREAS, the Buildings and Grounds Committee and the Administrative Committee have evaluated the need for clerical support staff in the Buildings & Grounds and Legislature Departments, and WHEREAS, it is the recommendation of both committees that the position of Sr. Account Clerk Typist (said position having been titled by the Civil Service Commission) be created to be shared by the two departments. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby create the position of Sr. Account Clerk Typist for the Buildings & Grounds and Legislature Departments, and BE IT FURTHER RESOLVED, that the funding source for this position is to be funds in the 1620.1 and 1010.1 Accounts and that the hours shall be divided approximately 25 hours per week - Legislature and 10 hours per week - Buildings & Grounds, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor and the Clerk of the Legislature are hereby authorized to jointly interview and fill the position as soon as possible. DISCUSSION: Legislator Hastings questioned whether a Sr. Account Clerk Typist could be hired without an Account Clerk Typist being in place to be supervised. Margaret Jensen, Personnel Director, explained this could be done given the duties and responsibilities the job requires. Legislator Smith noted that duties have been removed from the Legislative office over the last year and one-half and at one point even a Senior ---PAGE BREAK--- Employment person with no skills worked in the office. Legislator Halpin said that the Committee has waited 2 1/4 years to see how changes in duties would affect the office. The office keeps falling behind, now they are very far behind, and have tried different things to keep up with no result. Legislator Halpin explained the position will be shared with the Buildings and Grounds Department. She said she feels that the Legislative Office is the management end of the county and needs to be able to keep up with their duties. Legislator Smith inquired as to the funding sources. Legislator Halpin said that there is money available in each department's personnel accounts, but there may be some transfers within the Legislative accounts towards the end of the year. Legislator Hastings said if the county hires a manager, there may be a change, and felt the $3,000 in the budget should be used for the original intent, temporary help. Legislators Burnside and Young spoke in strong support of the need for the position. Legislator Fitzsimmons asked what the total salary would be and Mrs. Craig responded the Legislative share is $6,600 for the rest of the year and Buildings and Grounds Department share is $2,500-2,600. Legislator Fitzsimmons then asked what the long range plan was and Legislator Halpin said this position will probably remain, but they are still not clear on the Personal Secretary position. Legislator Karius asked if a statement could be inserted into the resolution that when the county manager is hired if he feels the position is not needed, it would be eliminated. It was felt that this would be the county manager's prerogative. MOTION by Fitzsimmons to start the position at 20 hours per week. Motion failed for lack of a second. VOTE: Passed 5-3. (Noes: Karius, Smith & Hastings) RESOLUTION NO. 193 Motion by Halpin, second by Young. RE: AUTHORIZE CHAIRMAN OF THE LEGISLATURE TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE HIGHWAY DEPARTMENT UNIT OF CSEA LOCAL 849 WHEREAS, compensation for hours worked during a Schuyler County emergency shutdown was not addressed in the current contract, and WHEREAS, the President of CSEA Local 849 has requested that it be addressed by a Memorandum of Understanding and that such hours worked be compensated in the same manner as provided in the Administrative Unit Contract. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Memorandum of Understanding with the Highway Department Unit of CSEA Local 849 as follows: Emergency Shutdown Any employee who is directed to report to work and who actually works during any emergency shutdown period as declared by the County Sheriff and Chairperson of ---PAGE BREAK--- the County Legislature will be compensated at the rate of time and one-half for all hours worked. VOTE: Passed 7-1. (No: Hastings) RESOLUTION NO. 194 Motion by Halpin, second by Burnside. RE: ADJUSTMENT OF SALARY OF DEPUTY COUNTY CLERK WHEREAS, the Administrative Committee has reviewed the salary of the Deputy County Clerk, Linda Compton, and recommends an adjustment of the current salary. NOW, THEREFORE, BE IT RESOLVED, that the salary of Linda Compton, Deputy County Clerk, be increased to $20,748 effective 5/10/94. DISCUSSION: Legislator Smith asked for the history on this resolution. Legislator Halpin said that this was the first individual hired under the new management salary policy and there was some disagreement on the salary at the time of hire. The new OFA Director was not set at the minimum like the Deputy County Clerk was. The Administrative Committee has set a policy on determining ranges for setting salaries and used it in making this determination. VOTE: Passed 7-1. (No: Hastings) RESOLUTION NO. 195 Motion by Halpin, second by Burnside. RE: AMEND RESOLUTION NO. 123-94 RELATIVE TO THE PRIVATE INDUSTRY COUNCIL'S SYETP GRANT BE IT RESOLVED, that Resolution No. 123-94 be amended by changing the number of Youth Employment Training Coordinators in the last "Be It Resolved" clause from two to three VOTE: Passed 8-0. RESOLUTION NO. 196 Motion by Halpin, second by Burnside. RE: INCREASE HOURS OF YOUTH BUREAU DIRECTOR - 4/1/94-9/30/94 BE IT RESOLVED, that the hours of the Youth Bureau Director be temporarily increased to 35 hours per week for the purpose of administration of the Summer Youth Employment Training Program for the period 4/1/94 through 9/30/94, or until the SYETP Grant funds are expended if sooner than that date, and ---PAGE BREAK--- BE IT FURTHER RESOLVED, that the hours for the Youth Bureau Director shall return to the authorized 17 1/2 hours per week effective 10/1/94 or upon depletion of the SYETP Grant funds, whichever occurs earlier. VOTE: Passed 7-1. (No: Hastings) RESOLUTION NO. 197 Motion by Halpin, second by Burnside. RE: AUTHORIZATION FOR BUDGET AMENDMENTS - YOUTH BUREAU BE IT RESOLVED, that budget amendments for interfund transfers under New York State Division for Youth (DFY) Youth Development/Delinquency Program (YDDP) be authorized for signature by the Schuyler County Youth Bureau Director after receiving written approval from the Community Development, Planning & Expansion Committee, and BE IT FURTHER RESOLVED, that the Youth Bureau Director is required to provide copies of these budget amendments to the Chairman of the Legislature and the Chairman of the Community Development, Planning and Expansion Committee, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to submit to DFY written authorization for the Youth Bureau Director to sign non-increase budget amendments in YDDP. VOTE: Passed 7-1. (No: Karius) RESOLUTION NO. 198 Motion by Young, second by Burnside. RE: AUTHORIZE INCREASE IN HOME HEALTH AGENCY RATES WHEREAS, the Home Health Agency maximizes its reimbursement rates from Medicare and Medicaid when the visit rates it charges exceed the cost of the visits, and WHEREAS, the Home Health Agency recently calculated new costs per visit on its 1993 Medicare Cost Report, and WHEREAS, the Home Health Agency must now increase some of its visit rates so that they will exceed the visit costs, and WHEREAS, people who do not have Medicare or Medicaid and who cannot afford the Home Health Agency rates can apply for reduced fees based on their income. NOW, THEREFORE, BE IT RESOLVED, that the Home Health Agency increase its rates effective June 1, 1994 as follows: Skilled Nursing $55/visit ---PAGE BREAK--- Physical Therapy $80/visit VOTE: Passed 8-0. RESOLUTION NO. 199 Motion by Young, second by Burnside. RE: CONTRACT - MARGARET SHUTTER - CERTIFIED TEACHER OF THE SPEECH AND HEARING HANDICAPPED WHEREAS, Schuyler County must provide speech therapy for eligible children in the preschool special education program, and WHEREAS, these services may be provided by a Certified Teacher of the Speech and Hearing Handicapped. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a contract with Margaret Shutter for speech therapy services at the rate of $30 per half hour session from May 10, 1994 through June 30, 1995; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 200 Motion by Young, second by Burnside. RE: CONTRACT - KAREN BULKLEY - CERTIFIED TEACHER OF THE SPEECH AND HEARING HANDICAPPED WHEREAS, Schuyler County must provide speech therapy for eligible children in the preschool special education program, and WHEREAS, these services may be provided by a Certified Teacher of the Speech and Hearing Handicapped. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a contract with Karen Bulkley for speech therapy services at the rate of $30 per half hour session from May 10, 1994 through June 30, 1995; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 201 Motion by Young, second by Burnside. RE: CONTRACT - MARK STAWASZ - MEDICAL SOCIAL WORKER WHEREAS, the Home Health Agency needs to provide Medical Social Worker services, as listed on its Operating Certificate, to meet the needs of its patients. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a contract with Mark Stawasz for medical social worker services at the rate of $35 per hour from June 1, 1994 through May 31, 1995; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 202 Motion by Young, second by Burnside. RE: ACCEPT ESTIMATE FROM LABELLA ASSOCIATES, P.C. FOR ENGINEERING SERVICES WHEREAS, the Schuyler County Highway Department has solicited quotes for engineering services for seventeen (17) wooden structures in Schuyler County, and WHEREAS, there were two quotes received, one from LaBella Associates, P.C. in the amount of $75,000 and the other from Hunt Engineers & Architects in the amount of $85,500, and WHEREAS, it is the recommendation of the Highway Committee to accept the quote from Labella Associates, P.C. in the amount of $75,000 for the above services, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute any necessary documents pertaining thereto; subject to approval of the Schuyler County Attorney. DISCUSSION: Legislator Smith asked if this pertained to flagged bridges and Legislator Young responded affirmatively. VOTE: Passed 8-0. RESOLUTION NO. 203 Motion by Young, second by Smith. RE: DECLARE EQUIPMENT SURPLUS/AUTHORIZE SALE - HIGHWAY WHEREAS, ten (10) calcium tanks and pumps in the Highway Department are no longer needed for use in the department. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby declare ten (10) calcium tanks and pumps in the County Highway Department surplus pursuant to County Law Section 215, and BE IT FURTHER RESOLVED, that the Highway Superintendent be, and hereby is, authorized to sell the above to the highest bidder per sealed bids after advertising in the legal newspaper. ---PAGE BREAK--- VOTE: Passed 8-0. RESOLUTION NO. 204 Motion by Young, second by Smith. RE: AUTHORIZE COUNTY HIGHWAY SUPERINTENDENT TO ADVERTISE FOR BIDS FOR LIGHTNING ROD PROTECTION WHEREAS, two previous lightning strikes have occurred at Schuyler County Highway Department causing considerable damage, and WHEREAS, the purchase of highway lightning rod protection is provided for in the 1994 (D5130.277) budget, and the Highway Committee has approved the purchase. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be, and hereby is, authorized to advertise and receive bids for Lightning Rod Protection for the Highway Department complex; bid specifications available upon request from the Purchasing Department, 105 Ninth Street, Watkins Glen, NY. VOTE: Passed 8-0. RESOLUTION NO. 205 Motion by Young, second by Smith. RE: APPOINTMENT - MARTHA N. ASHLEY - CIVIL SERVICE COMMISSIONER WHEREAS, Martha N. Ashley's appointment as Civil Service Commissioner expires May 31, 1994, and WHEREAS, Mrs. Ashley has indicated it would be her pleasure to be reappointed to the position of Commissioner, and WHEREAS, it is the recommendation of the Civil Service Commission that this reappointment be made. NOW, THEREFORE, BE IT RESOLVED, that Martha N. Ashley be reappointed Civil Service Commissioner for the term June 1, 1994 through May 31, 2000 at an annual salary of $1,500.00. VOTE: Passed 8-0. RESOLUTION NO. 206 Motion by Young, second by Smith. RE: AUTHORIZE AGREEMENT BY SCHUYLER COUNTY TO MAINTAIN A CERTAIN COUNTY ROAD WHICH IS A PORTION OF THE STATE ROUTE 414, S.R. 79 TO HECTOR PROJECT DESIGNATED AS NEW YORK PROJECT PIN 6224.15 ---PAGE BREAK--- WHEREAS, the New York State Department of Transportation has submitted to Schuyler County a proposed agreement by which the County is to maintain 0.024 centerline miles of County Roads (shown as part numbered 7A on the Table of Maintenance) known as County Road 5/Tug Hollow Road to be designated as a portion of New York Project No. 6224.14, and said proposed agreement also provides for Schuyler County to request the Department of Transportation, to submit the aforementioned project with the recommendation that it be approved by the Administrator of the United State Federal Highway Administration, and that if such project is approved and constructed by the Department and the Administrator of the United States Federal Highway Administration, Schuyler County will thereafter at its own cost and expense maintain the previously described portion of this project in a manner satisfactory to the Department of Transportation and the Administrator of the United States Federal Highway Administration, or their authorized representatives, and make ample provision each year for such maintenance. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County shall maintain such road and guarantee the maintenance of such road when constructed and will pay the cost of such maintenance and will maintain the project in a manner satisfactory to the New York State Department of Transportation or its authorized representatives, and will make ample provisions each year for such maintenance, and BE IT FURTHER RESOLVED, that the New York State Department of Transportation submit such project to the Administrator of the United States Federal Highway Administration and recommend to him the approval of the same for construction with funds apportioned to the State for construction of Highways and related projects under the provisions of Federal Highway Acts, and BE IT FURTHER RESOLVED, that this County act through its Legislative Chairman and Clerk, which are hereby authorized to act for this County Legislature and make and enter into agreement with the State Department of Transportation, in manner and form and substance as herein stated and in accordance with the form of contract herein mentioned as having been submitted to this County Legislature for action, and that this Legislature furnish two certified copies of this resolution authorizing the Legislative Chairman and Clerk of this County Legislature to execute the agreements on behalf of the County such Legislative Chairman and Clerk being fully authorized and directed to make and enter into agreements on behalf of Schuyler County in any manner and form required by the Department of Transportation, or the Administrator of the United States Federal Highway Administration and attach the seal of the County thereto, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature is hereby directed to transmit two certified copies of the foregoing resolution to the State Department of Transportation. DISCUSSION: Legislator Fitzsimmons asked if this will resolve the Tug Road problems and Legislator Young responded negatively. ---PAGE BREAK--- VOTE: Passed 8-0. RESOLUTION NO. 207 Motion by Young, second by Smith. RE: AUTHORIZE CHANGE IN LINE ITEM DESCRIPTION - HIGHWAY WHEREAS, the 1994 County Road Fund for the Highway Department provides for Reconstruction County Road 16 (D5112.388) in the amount of $50,000, and WHEREAS, due to Camp Monterey (Evergreen Hill Road) construction the summer of 1994, the Highway Committee approved said project and monies to be used for County Roads 19 & 20. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to change the line item description to read the following: $50,000 - Permanent Improvements D5112.0388 CR 19 & 20. VOTE: Passed 8-0. RESOLUTION NO. 208 Motion by Smith, second by Fitzsimmons. RE: AUTHORIZE LOCAL WAIVER IN ACCORDANCE WITH 10 APPENDIX 75-A - WATERSHED DEPARTMENT WHEREAS, Appendix 75.A of Part 75 of the Administrative Rules and Regulations contained in Chapter 11 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York entitled "Wastewater Treatment Standards - Individual Household Systems" contains the minimum standards for new construction individual household wastewater treatment systems, and WHEREAS, effective January 1, 1991 Appendix 75.A requires new alternative wastewater treatment systems (for clay soil) be designed by a design professional (engineer) within counties not currently employing a design professional on either a full or part time basis, and WHEREAS, Schuyler County contains a great deal of clay soil which currently requires individuals establishing new dwellings to bear the cost of the design professional for 50- 75% of all new housing starts in Schuyler County, and WHEREAS, the New York State Health Department, on written application from a municipality in areas where a city, county of part-county fully service health department does not exist, may grant a "local waiver" in accordance with 10 Part 75, Section 75.3(e) to allow the routine use of an alternative-type sewage treatment system as defined and depicted in Appendix 75.A, and ---PAGE BREAK--- WHEREAS, the Schuyler County Watershed Protection Agency and its staff meet the qualifications, ability and expertise to review, design and approve each alternative system proposed or installed, and WHEREAS, the New York State Health Department requires Schuyler County's application for local waiver be submitted by a design professional representing Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Watershed Inspector immediately initiate the procedure to pursue and obtain a local waiver as described in item no. CSFP504 from the Health Departments "Environmental Health Manual". VOTE: Passed 8-0. RESOLUTION NO. 209 Motion by Smith, second by Fitzsimmons. RE: ACCEPT/APPROVE COMMUNITY SERVICES BOARD ACQUISITION OF NEW SPACE - MENTAL HEALTH WHEREAS, the Community Services Board has developed a multi-agency building proposal in response to a long-standing and critical need for suitable and adequate space for Mental Health and Alcoholism programs, and WHEREAS, the Community Services Board is recommending that this Legislature approve the project as it has been presented. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby receives and endorses the recommendation of the Community Services Board and hereby indicates its commitment to proceed with this project, with the understanding that Schuyler County will maintain its current level of funding for these programs, and that additional funding sufficient for this building will come from increased revenues and State Aid, and BE IT FURTHER RESOLVED, that this Legislature authorizes the Director of Community Services and the Community Services Board to negotiate and execute a 20- year lease for space for the Schuyler County Mental Health Clinic and LGU, and to negotiate sub-leases with interested parties, i.e., Elmira Center and Schuyler Hospital, Inc., and BE IT FURTHER RESOLVED, that this Legislature hereby authorizes the Chairman of the Legislature to sign such leases at the appropriate time, when all the necessary reviews and approvals are in place, prior to construction, pending the approval of the County Attorney. DISCUSSION: Legislator Halpin expressed concern over the Community Services Board being the lessors. Duane Spilde said the details of the lease are not worked out and that ---PAGE BREAK--- the resolution is asking for commitment. Attorney Coleman interjected if there is a material change of the intent, re-approval will be required. VOTE: Passed 8-0. RESOLUTION NO. 210 Motion by Smith, second by Fitzsimmons. RE: APPOINTMENT - COMMUNITY SERVICES BOARD WHEREAS, a vacancy currently exists on the Community Services Board. NOW, THEREFORE, BE IT RESOLVED, that Michael Eisman, M.D., be appointed to the Community Services Board effective immediately through December 31, 1997. VOTE: Passed 8-0. RESOLUTION NO. 211 Motion by Smith, second by Fitzsimmons. RE: PROCLAIM MONTH OF MAY AS "MENTAL HEALTH MONTH" WHEREAS, current prevalence estimates indicate that more than 1.2 million New York residents including more than 1,000 Schuyler County residents of all ages suffer from mental illness, and WHEREAS, Schuyler County Mental Health Clinic provides Outpatient Mental Health Services, Adult Case Management Services and Children and Youth Intensive Case Management Services in Schuyler County, and WHEREAS, Elmira Center provides a Socialization Program, Intensive Case Management Services, and Intensive Rehabilitation Treatment to adults in Schuyler County, and WHEREAS, Gateways provides Community Residence Program, Supportive Apartments and Intensive Supportive Apartments for mentally impaired individuals in Schuyler County, and WHEREAS, Pathways, Inc. provides respite services for children and youth and operates the REACH Family Based Treatment Program in Schuyler County, 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. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature proclaim 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 8-0. RESOLUTION NO. 212 Motion by Young, second by Burnside. RE: EXTEND CONTRACT WITH VITAL TELECOMMUNICATIONS, INC. WHEREAS, items I, II & IV of the original proposal have been completed, and WHEREAS, the Buildings and Grounds Committee has reviewed the Telecommunications Analysis dated March 1, 1994, and WHEREAS, it is the Buildings and Grounds Committee recommendation to continue with Vital Telecommunications contract by completing items III, V-XII. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract extension with Vital Telecommunications, Inc. at the rate of $50 per hour and $50 per trip not to exceed $8,000, to be funded out of the Building Project Capital account; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 213 Motion by Young, second by Burnside. RE: AUTHORIZATION FOR SCHUYLER COUNTY CHAMBER OF COMMERCE TO USE LAKEFRONT PARK FOR WATERFRONT FESTIVAL WHEREAS, the Schuyler County Chamber of Commerce has requested permission to host a Waterfront Festival May 21-22, 1994 at the County Lakefront Park, and WHEREAS, the Schuyler County Legislature supports the concept of a festival for the enjoyment of County residents and outside visitors, and WHEREAS, the Chamber of Commerce is providing the required insurance to the County, and WHEREAS, the Chamber of Commerce has taken the responsibility for refuse removal, clean-up, adequate police and/or fire protection and any licenses, permits or consents required by law. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that this Legislature gives permission for and supports the 1994 Watkins Glen Waterfront Festival. VOTE: Passed 8-0. RESOLUTION NO. 214 Motion by Young, second by Burnside. RE: AUTHORIZE EMERGENCY MANAGEMENT COORDINATOR TO ADVERTISE FOR BIDS FOR A TELEPHONE/RADIO RECORDING SYSTEM WHEREAS, in accordance with Section 103 of the General Municipal law, all purchase contracts involving an expenditure of more than $10,000 and all contracts for public works involving an expenditure of more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this Section, and WHEREAS, there is $20,000 in the budget in acct. no. 3689.0215 for this proposed purchase. NOW, THEREFORE, BE IT RESOLVED, that the Director of Emergency Management be authorized to advertise for bids for a Telephone/Radio Recording System. VOTE: Passed 8-0. RESOLUTION NO. 215 Motion by Young, second by Burnside. RE: AUTHORIZE HIGHWAY SAFETY PROGRAM GRANT APPLICATION WHEREAS, monies are available through the New York State Governor's Traffic Safety Committee for certain highway safety programs, and WHEREAS, the County of Schuyler wishes to partake in a selected traffic enforcement safety program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign a grant application for $20,000, and BE IT FURTHER RESOLVED, if such application is approved, the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign a contract with the State of New York Governor's Traffic Safety Committee; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 216 Motion by Karius, second by Fitzsimmons. ---PAGE BREAK--- RE: MODIFICATION OF RULE 22 OF COUNTY LEGISLATURE'S RULES OF PROCEDURE WHEREAS, notice of modification of Rule 22 of the Rules of Procedure as adopted January 13, 1992 was given in accordance with Rule 29. NOW, THEREFORE, BE IT RESOLVED, that Rule 22 be modified effective immediately, as follows: "Committees shall have general charge 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 appropriated expenditure in excess of $500.00 shall be approved by the department's committee except when the Department Head deems an emergency to exist. Any expenditure not included in the budget shall be processed through the department's committee unless the amount which exceeds the budget line item is $50.00 or less; except in cases when the Department Head deems an emergency to exist. Any unappropriated account expenditure shall be referred by the department's Committee, with its recommendation, to the Finance Committee. The Finance Committee shall, following financial review with the Treasurer's Office, 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)." VOTE: Passed 8-0. RESOLUTION NO. 217 Motion by Karius, second by Fitzsimmons. RE: APPOINTMENT - YOUTH BOARD BE IT RESOLVED, that the Schuyler County Legislature approve the Chairman's appointment of Kerry Hoover to the Youth Board effective immediately until December 31, 1994. VOTE: Passed 8-0. RESOLUTION NO. 218 Motion by Karius, second by Fitzsimmons. RE: LOCAL LAW NO. 3 OF THE YEAR 1994 ENTITLED "SCHUYLER COUNTY WATERSHED PROTECTION LAW" WHEREAS, a proposed Local Law providing for uniform Watershed protection standards throughout Schuyler County was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held on May 9, 1994 considering its adoption, and ---PAGE BREAK--- 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 said Local Law, a true copy of which is annexed hereto, be and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law No. 3 of the year 1994, together with the full text thereof in the official county newspaper as required by law. COUNTY OF SCHUYLER LOCAL LAW NO. 3 OF THE YEAR 1994 A local law replacing Local Law No. 3 of the year 1975 known as the Schuyler County Watershed Law and pertaining to rules and regulations applying to the lands within the County of Schuyler, New York. Pursuant to the authority vested in the Schuyler County Legislature, Local Law No. 3 of the year 1975 known as the Schuyler County Watershed Law is hereby REPEALED in its entirety and replaced by the Schuyler County Watershed Protection Law, to read as follows: ARTICLE I Definitions and General Provisions Section A. TITLE 1. The rules and regulations herein contained shall constitute, comprise and be known as the Watershed Protection Law of Schuyler County, New York. Section B. SEPARABILITY CLAUSE 1. If any section, paragraph, subdivision or provision of this Law shall be judged invalid or held unconstitutional, the same shall not affect the validity of this Law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. Section C. APPLICABILITY; LEGAL AFFECT 1. The provisions of the Watershed Protection Law shall be in force throughout the County of Schuyler unless similar standards meeting minimum requirements established by New York State are adopted and strictly enforced by any Town or Village in Schuyler County. ---PAGE BREAK--- 2. The Watershed Protection Law shall be supplemental to the Public Health Law, the New York State Sanitary Code, the New York State Uniform Building and Fire Prevention Code, the New York State Environmental Conservation Law, Penal Law and other New York State Laws relating to public health. 3. Acceptance of the Watershed Law by resolution of the Schuyler County Legislature shall adopt by reference Part 8 and 75, Chapter I, of the New York State Sanitary Code and cited 10 8 and 75 as the same is now in effect and may hereafter from time to time be amended. Section D. VIOLATIONS AND PENALTIES 1. The provisions of the Watershed Protection Law shall have the force and effect of law. Violation or non-compliance with any section of this local law shall be deemed a violation. 2. A written "Notice of Violation" shall be issued to any property owner when a violation of these rules and regulations is found specifying the nature of the violation and stating the date(s) by which corrective action shall be completed. In the event of continued violations, the regulatory officer may apply for an injunction or other relief including but not limited to property condemnation from the appropriate court or Municipality Board. Any violation beyond that date shall be punishable by a fine not to exceed $250 and/or imprisonment not to exceed 15 days per week of violation. Each week of violation shall be considered a separate offense. 3. Upon receipt of a Notice of Violation any person who contests the reasonableness of the steps to be taken or the reasonableness of the completion dates therein may request, in writing, within five days of the issuance of said Notice of Violation a conference as to the tasks to be undertaken and the dates required for completion. At the request of the person requesting such conference, that person may request a conference before the Director of Public Health or his representative. The Director of Public Health or his representative may rescind or modify The Notice of Violation or direct that the original terms of the notice be carried out. If after a conference, or where no conference has been requested, the person so notified refuses to sign said Notice, the Director of Public Health or his representative shall cause a copy of said Notice of Violation to be personally served upon the person originally notified. Upon such personal service, the terms of the Notice of Violation shall be in full force and effect as if personally executed by the person so served. Section E. POWERS AND AUTHORITY OF REGULATORY OFFICERS 1. The Watershed Protection Agency or its duly authorized employees bearing proper credentials and identification shall be permitted to enter upon all properties and premises covered by the regulations of the Watershed Protection Law for the purposes of inspection, observation, measurement, sampling or testing in accordance with the provisions of this local law. ---PAGE BREAK--- 2. Whenever entry is refused the regulatory officer shall submit to the proper authorities such evidence as is necessary to justify entry upon said properties or premises such as to obtain a court order to perform the discharge of the Watershed Protection Agency's duties. 3. No person shall molest, assault, or resist any regulatory officer of the Watershed Protection Agency or their assistants in the lawful discharge of their duties. Section F. FEES 1. A fee will be assessed by the Schuyler County Watershed Protection Agency and adjusted as needed to charge for any of the services approved by the Schuyler County Legislature. All fees required for service shall be made payable to the Schuyler County Treasurer. The regulatory officer may waive the collection of all, or a portion of, the established fee for non-profit agencies, governmental agencies, and low income persons. Section G. EFFECTIVE DATE 1. This Watershed Protection Law as adopted by the Board of Health shall take effect on the respective date of filing of such items with the New York State Department of State pursuant to the Municipal Home Rule Law. Section H. DEFINITIONS 1. "Agent or Agents Thereof" shall mean a person requested, employed or contracted by an owner or owners, occupant or lessee to construct, repair or perform excavation for the installation of a receptacle, or waste water treatment system, individual water supply or element within said system(s). 2. "Alternative System" shall mean any wastewater treatment system allowing for the disposal of wastewater which does not rely upon infiltration of wastewater entirely into the in situ or virgin soil. 3. "Appendix 75-A" shall mean a portion of Part 75 of the Administrative Rules and Regulations contained in Chapter 11 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York 4. "Board of Health" shall mean the Schuyler County Legislature. 5. "Building" shall be a structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof affording shelter for persons. 6. "Certificate of Approval" shall mean a certificate issued upon completion of a new construction wastewater treatment system in accordance with the specifications detailed in Appendix 75.A approved in the Construction Permit. ---PAGE BREAK--- 7. "Certification of Completion" shall mean a certificate issued upon completion of a replacement wastewater treatment system, in accordance with the specifications approved in the Construction Permit, a Certificate of Completion shall be issued. 8. "Certificate of Compliance" shall mean a certificate issued upon request for the evaluation of a wastewater treatment system serving a poperty being converted, expanded, transferred or for mortgage refinancing purposes when required by a lending institution, attorney, realtor, purchaser or code enforcement officer. 9. "Construction Permit" shall mean a permit issued prior to construction or repair of a wastewater treatment system, to serve any building, structure, or manufactured home specifying the type, capacity and location of each element of the said system in accordance with this local law and/or said regulations. Said construction permit shall expire one year after date of issuance. 10. "Conventional Wastewater Treatment System" shall mean any wastewater treatment system allowing for the infiltration of wastewater into the in situ or virgin soil. 11. "Distances" shall mean the shortest horizontal linear distance from the nearest point of a wastewater treatment system to the mean high water mark of the nearest watercourse or lake or the edge, margin or top of a precipitous bank forming the mean high water mark of a watercourse or lake. Additionally, distances shall mean the shortest footage between two or more objects. 12. "Drainage Channel" shall mean a stream or portion of a stream that flows only in direct response to precipitation. It receives little or no water from springs and no long term continued supply from melting snow or other sources. It is dry for a large part of the year, ordinarily more than three months. 13. "Dwelling" shall mean a building or structure containing not more than two dwelling units occupied exclusively for residential uses. 14. "Element" shall mean any part or parts thereof comprising a wastewater treatment system. 15. "Flood Plain" shall mean those areas designated by either the New York State Department of Environmental Conservation or the United States Federal Emergency Management Agency as likely to flood within one hundred years. 16. "Garbage" shall mean all animal and vegetable wastes resulting from the processing, preparation, cooking or serving of foods, and other putrescible materials. 17. "Hardship" shall mean a circumstance(s) that makes it impractical or impossible to comply with the standard of this law. ---PAGE BREAK--- 18. "Human Excreta" shall mean feces, urine or other human excretions. Shall include the contents of aerobic tanks, holding tanks, septic tanks, seepage pits, privies or wastewater treatment systems. 19. "Individual Waiver" shall mean a waiver issued in an individual situation because of an individual hardship or other circumstance that makes it impractical to comply with a standard for individual water supply or individual sewage treatment systems. 20. "Individual Water Supply" shall mean a drinking water supply intended to supply one or more dwelling units, used in the absence of a public water supply system as defined in Part 5 of the New York State Sanitary Code. 21. "Lake" shall mean Seneca, Waneta, Lamoka, Cayuta or Cinnamon Lakes in Schuyler County. 22. "Land Disturbance" shall mean the removing of vegetation and/or top soil, or subsurface soil which changes the existing natural slope by five percent or more by means of excavation, filling, mining or other activity causing the addition or displacement of soils by mechanical means. 23. "Launching Site" shall mean any location public or private that is used for the purpose of launching boats into the lake water and/or hauling boats out of the lake water. 24. "Manure" shall mean the accumulated feces and urine from any animal or fowl resulting from the raising of these animals or fowl. 25. "New Construction Wastewater Treatment System" shall mean any wastewater treatment system constructed or placed on an undeveloped site and requiring a wastewater treatment system and currently not utilizing a wastewater treatment system. 26. "Non-Waterborne" shall mean a system or structure for urinating or defecating which is not flushed. This includes but is not limited to privies, chemical, incinerator and compost toilets. 27. "Notice of Violation" shall mean a written statement signed by the regulatory officer stating the time necessary to correct any violation of this code and stating reasonable time periods necessary to complete such steps. Each such notice shall contain a space at the end of such written statement wherein the person so notified may execute said notice and agree to the terms therein. 28. "Offensive Material" shall mean all putrescible and non-putrescible solid wastes including garbage, ashes, incinerator residue, street cleanings, dead animals and/or parts thereof, offal and solid commercial or industrial wastes. ---PAGE BREAK--- 29. "Person" shall mean an owner, individual, firm, agent, corporation, association, partnership or municipality and agents, employees and servants thereof, or any other legal entity which is recognized by law as the subject of rights and duties. 30. "Putrescible Matter" shall mean organic matter, under the process of partial decomposition, by micro-organisms, producing a foul odor. 31. "Receptacle" shall mean water tight structures or containers for the purpose of storage, disposal or treatment of human excreta and/or wastewater. 32. "Regulatory Officer" shall mean the authorized representative of the Schuyler County Watershed Protection Agency including but not limited to the Watershed Inspector who additionally may be the duly authorized representative of the Town or Village Health Officer following approval and/or designation by individual Towns or Villages or their consolidated health districts. 33. "Replacement Wastewater Treatment System" shall mean any *construction or modification of a system serving an existing building which already has a wastewater treatment system. Complete or partial replacement of a system for an existing property with a system, shall be considered a replacement wastewater treatment system and must be approved by the regulatory officer. 34. "Seasonal Use" shall mean a wastewater treatment system serving an occupied dwelling producing wastewater discharge for not more than six continuous months. 35. "State Sanitary Code" shall mean the rules and regulations promulgated by the Public Health Council of the State of New York and designated as the New York State Sanitary Code. 36. "Structure" shall mean an assembly of materials, forming a construction framed of component structural parts for occupancy or use including buildings or dwellings. 37. "Watercourse" shall mean a visible path through which surface water travels on a regular basis including natural or man-made streams or ponds but not including drainage channels. 38. "Wastewater Treatment System" shall mean a system of piping, tanks or other elements designed to treat, purify, dissolve, distribute and dispose of sewage and/or other wastewater into soil. 39. "Watershed Protection Agency" shall mean the agency established by the Schuyler County Legislature to administer and enforce the Watershed Protection Law. 40. "Watershed Protection Law" shall mean and comprise the rules and regulations now or hereafter formulated, promulgated and adopted by the Schuyler County Legislature and properly filed with the appropriate state agencies. ---PAGE BREAK--- ARTICLE II Sewage Disposal - Wastewater Treatment Systems Section A. EXPOSURE, DISCHARGE AND DISPOSAL OF SEWAGE 1. No person shall discharge or permit or cause to be discharged untreated sewage, the overflow drainage or contents of a septic tank or other wastewater onto the surface of the ground or into any street, road, alley, open excavation, storm water sewer, land drain ditch, adjoining property, watercourse, lake or groundwater. 2. No person shall discharge, or permit or cause to be discharged treated or untreated sewage, the overflow drainage or contents of a septic tank or other wastewater into an abandoned water supply well, spring, cistern, sink hole, crevice or opening extending into limestone, sandstone, or other rock or shale formation which may degrade ground water. 3. Each building provided with plumbing fixtures or provided with a device to create a wastewater discharge flow, where no approved community or municipal sanitary sewage system is available, shall utilize a wastewater treatment system. 4. No wastewater treatment system shall be installed, extended or altered on property accessible to a community or municipal sewage disposal system. 5. No person shall install a wastewater treatment system within a one hundred (100) year flood plain without maintaining a one foot separation distance between the one hundred year flood level and the bottom of the filtration/absorption portion of the wastewater treatment system. 6. A minimum of three feet of useable soil shall exist above bedrock, groundwater, seasonal high groundwater or an impervious layer and the bottom of any new wastewater treatment system being designed for installation. 7. Due to the accelerated corrosion and decay of metal septic tanks, dosing tanks, pump station tanks and distribution devices these metal products shall be prohibited from use within Schuyler County. 8. No land disturbance shall occur for the purpose of creating an acceptable slope for the installation of a wastewater treatment system without prior approval of the regulatory officer. 9. Once the required filtration and/or absorption area is determined by daily flow, soil evaluation and percolation test the required square footage of useable area of the lot for the new construction wastewater treatment system can be found. An additional area of one hundred (100) percent shall be set aside for future expansion or replacement when possible. Section B. REGISTRATION OF INSTALLERS ---PAGE BREAK--- 1. As of January 1, 1995 any person who is engaged in whole or in part, in the business of delivering, constructing, maintaining or installing wastewater treatment systems or elements thereof or pumping of receptacles shall properly register that fact with the Schuyler County Watershed Protection Agency. Such registration shall be on a form prescribed and furnished by the regulatory officer. Homeowners solely performing installation or maintenance of systems situated upon their property are exempt from this requirement. 2. Any persons having not registered prior to January 1, 1995 must so register prior to performing installation or maintenance to any element of a wastewater treatment system. 3. Any person who fails or refuses to so register prior to performing any installation or maintenance to any element of a wastewater treatment system shall be subject to the penalties set forth in this law. 4. Registration information will be reviewed and updated annually. 5. All persons required to register must re-register by December 31 at the end of the third year. All persons having properly registered will be shown on a list to be provided to home or business owners upon request. 6. The list will not reflect any persons competency in the performance of their work nor will it reflect any coverage of the New York State Workers Compensation Law and Disability Benefits Law from those persons required to meet those requirements. Section C. ISSUANCE OF CERTIFICATE 1. Certificate of Approval a. No new wastewater treatment system shall be placed in operation for any new building, structure or manufactured home until a "Certificate of Approval" has been issued indicating that such system has been constructed in compliance with the Wastewater Treatment System Construction Permit and the requirements of Appendix 75.A. 2. Certificate of Completion a. No replacement wastewater treatment system shall be placed into operation for any existing building, structure or manufactured home until a "Certificate of Completion" has been issued indicating that such system has been constructed in compliance with the Wastewater Treatment System Construction Permit and the requirements of this Watershed Protection Law. 3. Certificate of Compliance a. A Certificate of Compliance shall be issued upon the completion of the evaluation of a wastewater treatment system either immediately prior to property transfer or mortgage ---PAGE BREAK--- refinancing or for the purpose of performing an evaluation prior to the issuance of a building permit allowing dwelling conversion or bedroom expansion. b. Certificates of Compliance indicates the results of an evaluation of the system being determined from various methods of observation such as but not limited to visual examination of the building plumbing system, visual examination of the interior of the septic tank and visual examination of the absorption and/or infiltration area following a septic dye test. c. The regulatory officer shall be authorized to require maintenance; such as but not limited to septic tank pumping, septic tank volume enlargement or modification of the wastewater system prior to the issuance of a Certificate of Compliance. d. No person shall replace or convert one dwelling with another or add bedrooms to an existing dwelling without first having obtained a Certificate of Compliance. Section D. WASTEWATER TREATMENT SYSTEM CONSTRUCTION PERMIT 1. No person, either as owner or agent thereof, or lessee or tenant, shall undertake to construct or repair a new or replacement wastewater treatment system for the disposal of sewage wastes to serve or serving any dwelling or structure from which such wastes may be discharged without first having obtained a "Wastes Water Treatment System Construction Permit" upon forms provided by the regulatory officer. 2. Any person, either as owner or agent thereof, or business delivering and/or assisting with the installation of a receptacle shall be subject to the penalties set forth in this law if participating with the installation of a receptacle of which a Construction Permit has not been issued. 3. No person shall situate, erect, begin construction or convert to another use any dwelling or structure that is subject to the provisions of this law and involves wastewater discharge without first obtaining a Wastewater Treatment System Construction Permit. Building expansions or conversions which do not alter wastewater discharge such as the building of a deck, garage, recreation room, etc., are exempt. 4. A copy of the Construction Permit issued by the Schuyler County Watershed Protection Agency may be supplied to the Town Clerk or other municipal agencies charged with the responsibility of issuing building permits for new construction or alterations and to the owner or his agent. 5. A Wastewater Treatment System Construction Permit shall be valid for one year from the date of issuance. Both the date of issuance and date of expiration shall be shown on the Construction Permit. 6. A construction permit may be renewed following reapplication and review. A fee shall be assessed for construction permit renewal. ---PAGE BREAK--- Section E. NEW WASTEWATER TREATMENT SYSTEM DESIGN STANDARDS 1. Wastewater treatment systems for new household construction shall be designed in accordance with Appendix 75.A of the New York State Sanitary Code and the provisions of the construction permit. 2. Wastewater treatment systems for new commercial or institutional construction may be designed according to the New York State Department of Environmental Conservation guidelines "Standards for Waste Treatment Works-Institutional and Commercial Sewage Facilities" or current reference. 3. All new wastewater treatment systems designed by a design professional or designs not subject to Appendix 75.A must be submitted and reviewed by the Watershed Protection Agency. 4. No more than two year-round dwellings shall be served by a single wastewater treatment system under the provisions of this law. 5. No more than three seasonal-use dwellings shall be served by a single wastewater treatment system under the provisions of this law. Section F. REPLACEMENT WASTEWATER TREATMENT SYSTEM DESIGN STANDARDS 1. Construction of replacement wastewater treatment systems may be designed and must be installed under the direction of the regulatory officer or a design professional. Replacement systems may be designed and installed according to the provisions of Appendix 75.A. 2. On limiting site conditions, the regulatory officer shall utilize up-to-date practical technology or require the system be designed and installed under the direction of a design professional or allow a holding tank be installed under the supervision of the regulatory officer. 3. Households served by replacement systems may be required to have DEC certified water conservation fixtures prior to the issuance of a "Certificate of Completion" to decrease system loading factors. 4. If the site is only occasionally inhabited, such as a hunting camp, and has no water under pressure or wastewater discharge, the regulatory officer may allow a non- waterborne system as described in appendix 75-A, design a complete wastewater treatment system, or require that a design professional submit plans for approval. 5. Wastewater treatment systems for existing commercial or institutional establishment construction may be designed according to the New York State Department of ---PAGE BREAK--- Environmental Conservation guidelines "Standards for Waste Treatment Works- Institutional and Commercial Sewage Facilities" or current reference. 6. All replacement wastewater treatment system designs not subject to Appendix 75.A must be reviewed by the Watershed Protection Health Agency. Section G. INDIVIDUAL WAIVERS 1. Replacement Wastewater Treatment Systems a. The regulatory officer may grant an individual waiver for replacement wastewater treatment systems in an individual situation because of hardship to comply with a recommended standard for wastewater treatment system design specifications of Appendix 75.A when such exception conforms to the spirit of the regulations. b. Each request for waiver must be in writing and each waiver granted must be in writing and advise the applicant that the design or conditions approved do not meet minimum recommendations and the potential consequences of such deviations. c. Each waiver applicant must sign a "Release of Liability" form provided by the Schuyler County Watershed Protection Agency holding the Agency and its regulatory officer free and harmless of any adverse consequences experienced by the homeowner as a result of design deviations. Said release form must be notarized. d. A waiver may be issued provided a compliance schedule is properly submitted by the property owner and accepted by the regulatory officer. Section H. INSPECTIONS 1. Construction of a wastewater treatment system shall be in accordance with the specifications approved in the Wastewater System Construction Permit. 2. No element of the system shall be covered until inspected and approved in accordance with the Wastewater Treatment System Construction Permit. Covered work shall be uncovered to permit inspection whenever considered necessary by the regulatory officer. 3. The regulatory officer shall be notified a minimum of 24 hours prior to the requested inspection date. 4. Inspections may include, but not be limited to, investigations, observations, interviews, review of written materials, samples and testing. 5. The design and construction of a wastewater treatment system meeting with the approval of the regulatory officer shall not be construed as a guarantee by the Schuyler County Watershed Protection Agency that the system will function satisfactorily for any given period of time. ---PAGE BREAK--- Section I. WASTEWATER SYSTEM EVALUATIONS AND COMPLIANCE 1. The regulatory officer shall be allowed to make regular and thorough inspections of wastewater treatment systems for purposes of inspection, observation and testing of sewage disposal systems. 2. Whenever it shall appear to the regulatory officer that a wastewater treatment system is operating unsatisfactorily, a written "Notice of Violation" shall be given to the property owner, agent, violator or violators specifying the nature of the violation and required corrective action. The owner of the wastewater treatment system has up to 30 days from receipt of the Notice of Violation to obtain a "Wastewater Treatment System Construction Permit". Completion of work detailed in the Construction Permit shall be performed within the time prior specified in the Notice of Violation not to exceed six months from the date of issuance of the Construction Permit. Upon written request, additional time up to 30 additional days may be granted due to climatic conditions. 3. When blatant and/or willful violations such as, but not limited to, draining sewage directly into water courses, water supplies or drainage channels one half of the times stated above in this section may be required to gain compliance. 4. It shall be the duty and obligation of the wastewater system owner to supply upon request to the regulatory officer, available information regarding wastewater treatment system type, capacity, location, usage, age, maintenance, etc., in order to determine the system's effectiveness. Section J. PROPERTY TRANSFER OR REFINANCING "CERTIFICATE OF COMPLIANCE" 1. If a lending institution, realtor or attorney requires a property owner or prospective property purchaser to obtain a wastewater treatment system evaluation or if a lending institution requires a property owner to obtain a wastewater treatment system evaluation for mortgage refinancing purposes only, the regulatory officer shall perform the inspection as per applicable provisions in this Section and issue a Certificate of Compliance. 2. Only a regulatory officer of the Schuyler County Watershed Protection Agency is authorized to evaluate and/or to certify the operation of a wastewater treatment system for the purpose of mortgage refinancing or transferring any property being served by a wastewater treatment system when this evaluation is required by a lending institution, realtor, attorney or purchaser. 3. Prior to any property transfer, or mortgage refinancing requiring an evaluation of a wastewater treatment system from a lending institution, realtor, attorney or purchaser all septic, aerobic or holding tanks must be pumped by a DEC-licensed waste hauler at least ten (10) days prior to the date of closing and inspected by the regulatory officer, unless it has already been pumped and inspected by the regulatory officer within the past year. ---PAGE BREAK--- The property owner must give the regulatory officer at least 24 hours notice to arrange for inspection of the tank. This maintenance pumping requirement shall not serve or imply in any way as an evaluation or certification of the operation of the wastewater treatment systems absorption and/or filtration element. 4. Prior to any property transfer or mortgage refinancing requiring an evaluation of a wastewater treatment system from a lending institution, realtor, attorney or purchaser the filtration and/or absorption area must be evaluated by the regulatory officer at least 10 days prior to the date of closing. The property owner must give the regulatory officer at least 24 hours notice to arrange for this inspection. 5. If the wastewater treatment system is determined to be operating unsatisfactorily or inadequately, a written Notice of Violation may be served and a Compliance Schedule specifying corrective action must be obtained prior to property transfer or refinancing closing. 6. For aerobic systems, the new owner must send a signed copy of a service contract to the regulatory officer within 30 days after property transfer. Section K. SEPTIC TANK PUMPING AND INSPECTION 1. All septic tanks should be routinely maintained to: 1) ensure baffles are adequate; 2) check for holes or cracks; and 3) determine if tank needs pumping. Regular maintenance of the septic tank will help to protect the filtration/absorption area from clogging. 2. Septic tanks, with total depth of sludge and scum exceeding one-third of the liquid depth, as demonstrated by the property owner or his agent, will be required to be pumped at property owner's expense. 3. Additional tank volume may be required by the regulatory officer to meet system use and design standards. 4. After septic tank pumping, the DEC certified contractor is required to send a "Septic Tank Pumping Inspection Form" to the Schuyler County Watershed Protection Agency, verifying the septic tank was inspected, pumped and describing other maintenance work completed on a basis or within thirty (30) days of repair or pumping. Section L. WASTEWATER TREATMENT SYSTEM ABANDONMENT a. Any pre-existing septic tank, holding tank, non-waterborne system or seepage pit must be pumped and filled with clean soil within ten (10) days of the installation of a replacement system. ---PAGE BREAK--- b. Any septic tank, holding tank, non-waterborne system or seepage pit must be pumped or allowed to remain under conditions of a Certificate of Compliance within two year of discontinued use. Section M. TEMPORARY TOILET FACILITIES 1. Any builder, contractor or other person, firm or corporation employing individuals on the construction or repair of any dwelling or structure not containing sanitary lavatory facilities shall provide or cause to be provided temporary toilet facilities at a convenient place upon the premises or readily accessible thereto and the same shall be properly enclosed. Human excreta shall be treated or removed in a manner acceptable to the regulatory officer. 2. Temporary toilet facilities shall be provided for gatherings of people wherever the regulatory officer determines them necessary to prevent nuisances which may affect health. The regulatory officer may require any person using a property for a gathering of people to provide temporary toilet facilities, hand washing facilities and water supply taps in numbers meeting or exceeding those required for mass gatherings by the State Sanitary Code. Section N. HOLDING TANKS 1. Holding tanks are allowed as replacement systems only and must be approved by the regulatory officer. 2. Newly installed holding tanks shall: 1) be vehicle accessible; 2) have an access port above grade not to exceed 6" in diameter; 3) have a capacity of four days storage based upon design flow of 150 gallons/bedroom/day, with a minimum of 1,000 gallons; 4) have an audio or visual float alarm device to alert the property owner that the tank is filled within 12 inches of the inlet pipe; 5) have anchoring devices for areas where seasonal high water is evident from soil investigations; and 6) utilize certified water conservation fixtures. 3. All holding tanks shall be inspected by the regulatory officer on an annual basis at the time of pumping. Homeowners shall give the regulatory officer 24 hours notice prior to the inspection date. 4. Holding tanks shall be pumped by a New York State licensed septic tank pumping contractor when the tank is a minimum of 12" from the inlet pipe and documentation shall be sent to the Schuyler County Watershed Protection Agency by the licensed septic hauler. 5. Any septic tank or holding tank that shows evidence of leaking must be replaced or repaired within the time period specified by the regulatory officer. Section O. AEROBIC UNITS ---PAGE BREAK--- 1. Only Class I aerobic units are acceptable for new or replacement systems and must be approved by the regulatory officer. For both new and replacement systems, aerobic tanks are considered a septic tank substitute and must be used in conjunction with a properly cited and designed filtration and/or absorption area approved by the regulatory officer. A permit from the DEC is required for any surface discharge. 2. A visual and audio warning device shall be installed in a conspicuous location so that activation of such warning device will alert property occupants of aerobic unit malfunction or failure. All warning devices shall be wired separately from the aerobic unit so that disconnecting the aerobic unit from electricity will activate the warning device. 3. All aerobic units must have a continuous maintenance contract agreement with an authorized service contractor if reasonably available. Each aerobic unit shall be inspected at least two times per year by the authorized service contractor. All service contracts must be sent to the Schuyler County Watershed Protection Agency annually to verify that a continuous contract exists for the aerobic unit. The service contractor shall have aerobic unit effluent tested annually by a certified laboratory to determine that the unit conforms with manufacturer's treatment specification as required by the regulatory officer. Section P. PROPER WASTEWATER STORAGE-BOATS 1. No person operating a launching site shall launch, set, place, etc. into the lakes within Schuyler County any boat equipped with a marine sanitation device unless Coast Guard approved. Any boat or vessel that is capable of discharge of any sewage, or wastewater from a holding tank, or toilet, shall have such discharge hole plugged and the plug cut off flush per Coast Guard procedure before the boat may be launched into any lake in Schuyler County. 2. Sewage wastes from boats must be disposed of in a manner acceptable to the regulatory officer or NYS Department of Environmental Conservation. Section Q. MINIMUM LOT SIZES-NEW CONSTRUCTION 1. Alternative Wastewater Treatment System a. Any person proposing to establish a dwelling meeting the requirements of this law must provide a minimum of 80,000 sq. ft. of usable land with a minimum of 150 ft. of road frontage or a 150 ft. diameter circle of which the wastewater treatment system is to be installed within. b. A minimum lot size of 40,000 sq. ft. with a minimum of 150 ft. of road frontage or a 150 ft. diameter circle of which the wastewater treatment system is to be installed within may be allowed if the person connects to a community or public water system, lake or private water supply situated outside of the 40,000 sq. ft. lot. ---PAGE BREAK--- 2. Conventional Sewage Disposal System a. Any person proposing to establish a dwelling meeting the requirements of this law must provide a minimum of 40,000 sq. ft. of usable land with a minimum of 100 ft. of road frontage or a 100 ft. diameter circle of which the wastewater treatment system is to be installed within. b. A minimum lot size of 20,000 sq. ft. with a minimum of 100 ft. of road frontage or a 100 ft. diameter circle of which the wastewater treatment system is to be installed within may be allowed if the person connects to a community water system, lake or private water supply situated outside of the 20,000 sq. ft. lot. Section R. EXCEPTIONS TO RESTRICTIONS AND DISTANCES FOR NEW CONSTRUCTION 1. Lot sizes a. An exception to the minimum lot size may be granted provided the person can demonstrate there is adequate square footage available to meet all of the specifications, rules and regulations of Appendix 75.A, however, exception to minimum lot size can only be granted when a proposal is submitted to the Schuyler County Watershed Protection Agency from a design professional acting on behalf of the person proposing to establish a dwelling and approved by the regulatory officer and/or the New York State Health Department. 2. Design Standards a. An exception to recommended design standards may be granted with the issuance of an individual waiver for replacement wastewater treatment systems. 3. Construction Permit a. A Wastewater Treatment System Construction Permit may not be required when the system design has been prepared by a design professional for new construction dwellings or for a system serving a facility discharging wastewater from an establishment approved or operated by a State or Federal Agency. 4. Certificate of Approval a. A Certificate of Approval may not be required for a system serving a facility discharging wastewater from an establishment approved or operated by a State or Federal Agency. 5. Certificate of Compliance ---PAGE BREAK--- a. Transfer of a building, structure or dwelling shall mean the transfer of ownership to another person or entity for consideration and does not include a transfer of ownership through inheritance, or within an immediate family to include, but limited to spouse and/or children. ARTICLE III Individual Water Supplies Section A. STANDARDS FOR NEW CONSTRUCTION 1. Individual water supply systems should be designed, constructed and maintained in accordance with the standards of the State Commissioner of Health bulletin entitled "Rural Water Supply" Appendix 75.B. Section B. REGISTRATION OF INSTALLERS 1. As of January 1, 1995 any person in the business of water supply system installation for human consumption shall register that fact with the Watershed Protection Agency. Such registration shall be on a form prescribed and furnished by the regulatory officer. Homeowners performing installation or maintenance of water supply systems situated upon their land are exempt from this requirement. 2. Any person not having registered prior to January 1, 1995 must so register prior to performing installation of individual water supply systems. 3. Any person who fails or refuses to register prior to performing a water supply system installation shall be subject to the penalties set forth in this law. 4. Registration information will be reviewed and updated annually. 5. All persons required to register must re-register by December 31 at the end of the third year. All persons having properly registered will be shown on a list to be provided to home or business owners upon request. Section C. APPROVAL REQUIRED 1. No person either as owner or agent thereof, or lessee or tenant, shall undertake to construct or provide a system or facilities for the supply of water from a ground water source to serve any new dwelling or structure without first having obtained approval of the proposed system from the regulatory officer. Such approval shall be granted upon filing with the regulatory officer a description of the proposed facilities upon forms provided by the regulatory officer. Section D. WELL LOG ---PAGE BREAK--- 1. Any person who installs an individual water supply utilizing ground water shall submit a well log report on a form prescribed by the regulatory officer. Section E. RENTAL UNITS 1. All landlords shall provide potable water to occupants of rental dwelling units. ARTICLE IV Nuisances Section A. DUTY TO INVESTIGATE 1. The regulatory officer or his representative shall receive and examine into all complaints made by an inhabitant of the County concerning public health nuisances causing danger to life and health in the County and may request such complaints to be in writing. Section B. INVESTIGATION 1. The regulatory officer or his representative may enter upon or within any place or premises where nuisances or conditions dangerous to life and health, or which are the cause of nuisances existing elsewhere, are known or believed to exist or examine the source. 2. The owners, agents and/or occupants of any dwelling or structure shall permit examinations and inspections to be made pursuant to the provisions of this article and Title I of Article 13 of the Public Health Law and Part 8 Chapter I of the State Sanitary Code. 3. The regulatory officer shall order the suppression and removal of all nuisances and conditions detrimental to life and health found to exist within the County. Section C. MANURE PILES 1. No manure piles shall be maintained or allowed to remain within a 200 foot distance of a water course provided that this section does not prohibit the normal spreading of manure which is not in piles. Section D. GARBAGE AND REFUSE REMOVAL 1. No person shall permit, deposit, store or hold any offensive material on any property or place or in any structure unless such material is so treated, screened, covered or placed as not to create a nuisance. ---PAGE BREAK--- 2. All containers for the storage of such material shall completely confine the material, shall be rodent and insect proof, and shall be kept in an inoffensive and sanitary condition for not more than fifteen (15) days. 3. All offensive material shall be buried at least two hundred (200) feet from any watercourse, pond, lake or individual water supply or be disposed of at other places approved by the New York State Department of Environmental Conservation so that water supplies will not be subject to pollution and where a nuisance will not be created. 4. Stray and/or disposal of offensive materials generated or stored on rental properties shall be the responsibility of the property owner or landlord acting as the owner's agent. MODEL WASTEWATER MANAGEMENT REGULATIONS Background The following regulations represent several months of development and review. This model regulation has been modified in several areas from earlier versions to reflect the fact that Elected Officials support a cooperative and uniform regulatory program. The successful implementation and enforcement of these regulations requires that all wastewater systems be reviewed, designed and installed under the direction of a centralized program. The standards were developed to ensure the protection of public health and water quality in the County. Both new construction and replacement systems are addressed in the code. An emphasis in the code is placed on evaluating, improving or replacing inadequate wastewater systems. There are also provisions for property transfer inspections, water supply development and nuisance complaints. VOTE: Passed 8-0. RESOLUTION NO. 219 Motion by Young, second by Smith. RE: AUTHORIZE COUNTY TREASURER TO REMOVE CHARGES FOR INVALID ENTRY ON TOWN OF TYRONE ASSESSMENT ROLL AND BILL BACK TO TOWN WHEREAS, Tax Map #LLL.801-1612-1; Parcel #801-1612-01, a trailer assessment on leased land appeared on the 1989, 1990 and 1991 assessment rolls and therefore on the 1990, 1991, and 1992 tax rolls, and WHEREAS, the trailer has been removed from the property, and WHEREAS, this was an invalid entry and was removed from the 1992 and subsequent assessment rolls and the outstanding tax sale certificates for 1990-1992 should be voided per letter from Town Assessor. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer is authorized to void the following Tax Sale Certificates for the Town of Tyrone and chargeback the amount of the original taxes which included relevied school taxes to the town: 1990 Cert. #682 in the amount of $258.83 - Original Tax $219.71 1991 Cert. #713 in the amount of $262.25 - Original Tax $221.65 1992 Cert. #845 in the amount of $281.37 - Original Tax $238.06 VOTE: Passed 8-0. RESOLUTION NO. 220 Motion by Young, second by Smith. RE: APPOINTMENT - TRI-COUNTY TOURISM COUNCIL WHEREAS, Jerold Marvel has resigned from the Tri-County Tourism Council creating a vacancy. NOW, THEREFORE, BE IT RESOLVED, that this Legislature approve the Chairman's appointment of Tom Malina to the Tri-County Tourism Council effective immediately and terminating December 31, 1996. VOTE: Passed 8-0. RESOLUTION NO. 221 Motion by Young, second by Smith. RE: PERSONNEL ACTIONS FULL-TIME ADMINISTRATIVE POSITIONS - 121 PART-TIME ADMINISTRATIVE POSITIONS - 55 FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4 FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23 APPOINTMENTS: EFFECTIVE NAME TITLE DEPARTMENT DATE SALARY TYPE FIDELMAN, R. Soc. Wel. Ex. Social Svcs. 4/11/94 16,641 Perm HARRIS, David Custodian 4/15/94 15,265 Perm ---PAGE BREAK--- SKEENS, Fran Paralegal Social Svcs. 5/2/94 11.9594Prov RUMSEY, Carlene Soc. Welfare Social Svcs. 4/11/94 17,141 Perm Examiner Prom SCHMIDT, Debra Conf. Sec'y. County Atty. 4/11/94- 16,774 Exmt 12/31/95 NAME TITLE DEPARTMENT DATE TEMPORARY: VanALSTINE, Bernard Meal Deliverer OFA 3/22/94- 6/22/94 LEAVES OF ABSENCE: AMEIGH, Lee Meal Deliverer OFA 2/24/94- (Disability) 5/31/94 O'KANE, Richard Motor Equip. Opr. Highway 4/21/94 (Worker's Compensation) BARON, Diana Data Entry Operat. Mental Health 2/16/94- (Maternity Disability) 3/4/94 OTHER: THOMPSON, Walter J. Autom. Mechanic Highway 1/1/94 (Change in Salary) RESIGNATIONS: CALDWELL, Barbara Conf. Sec'y. County Atty. 4/8/94 RETIREMENTS: COLE, Richard E. Director OFA 3/25/94 ---PAGE BREAK--- BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature. VOTE: Passed 8-0. RESOLUTION NO. 222 Motion by Halpin, second by Young. RE: AUTHORIZE CHANGE ORDER HVAC-1: CONTRACT WITH D.J. D'AMICO PLUMBING & HEATING CO., INC. WHEREAS, certain changes to the HVAC system for the above-referenced contract have been necessary to enhance the efficiency of the HVAC systems for the Courthouse addition, and WHEREAS, such changes have been jointly and extensively negotiated by and between the County's Representatives, the County Attorney and the Architect, and WHEREAS, an agreement between and among the interested parties has allocated the cost of such change order between the County and the Architect so as to reduce the net County cost to the sum of $14,664, and WHEREAS, the Building Project Committee has reviewed the referenced Change Order and recommends authorization thereof as follows: Original Contract Sum $171,084.00 Net Change by Previous Orders -0.00- Contract Sum Prior to this Change Order 171,084.00 Contract Sum will be Increased by: 67,773.00* New Contract Sum Including this Change Order $238,857.00 NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Building Project Committee, this Legislature accepts said Change Order having been previously approved by the County Attorney and attached hereto. *NOTE: County's portion is $14,664 and the portion paid by others is $53,109, for a combined total of $67,773.00. VOTE: Passed 8-0. RESOLUTION NO. 223 Motion by Halpin, second by Young. ---PAGE BREAK--- RE: AUTHORIZE CHAIRMAN OF THE LEGISLATURE TO EXTEND CONTRACT FOR VETERANS' SERVICES WITH YATES COUNTY WHEREAS, the contract with Yates County for the provisions of Veterans Services is due to expire June 30, 1994, and WHEREAS, Stanley Clark, Veterans Service Director of Yates County, will be retiring from there in September, 1994, and WHEREAS, it is the recommendation of the Human Services Committee to seek an extension of our contract for Veterans' Services with Yates County until Mr. Clark does retire. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be authorized to contact Yates County to seek an extension of the contract to continue Mr. Clark's services up to his date of retirement, and BE IT FURTHER RESOLVED, that the Chairman is hereby authorized to sign such agreement with Yates County, subject to the approval of the County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 224 Motion by Halpin, second by Young. RE: AUTHORIZE HARDWARE UPGRADE - LEGISLATIVE OFFICE AND TRANSFER OF FUNDS - CENTRAL DATA PROCESSING WHEREAS, the recent WordPerfect 6.0 upgrade has necessitated a hardware upgrade for the two workstations in the Legislative Office, and WHEREAS, it is the recommendation of the Computer Coordination Committee that said upgrade be approved, and WHEREAS, it is the recommendation of the Finance Committee that said upgrade be paid for with existing monies from the Central Data Processing account. NOW, THEREFORE, BE IT RESOLVED, that the aforementioned upgrade be and hereby is approved in an amount not to exceed $1,300.00, and BE IT FURTHER RESOLVED, that the County Treasurer transfer $1,300.00 from Central Data Processing acct. no. 1680.400 to acct. no. 1680.200 to pay for the cost of the upgrade. VOTE: Passed 8-0. RESOLUTION NO. 225 Motion by Halpin, second by Young. ---PAGE BREAK--- RE: AUTHORIZE CHANGE ORDERS GC-2, GC-4 AND GC-5 - CONTRACT WITH MCGUIRE & BENNETT, INC. WHEREAS, change order GC-2 executed February 25, 1994 relative to the contract extension requires some additional language, and WHEREAS, change orders GC-4 and GC-5 pertaining to the addition of structural steel and two closets, respectively, have been received by the architect, and WHEREAS, the Building Project Committee has reviewed the referenced change orders and recommends authorization thereof as follows: GC-2 Original Contract Sum $ 1,224,000.00 Net Change by Previous Orders 79,754.00 Contract Sum Prior to this Change Order 1,303,754.00 Contract Time will be Increased by: 98 days The Date of Substantial Completion is 9/2/94 The additional wording added to this change order will be as follows: "Extension of time is justified due to conditions unforeseen to the Contractor relating to the unstable East foundation wall of the existing Courthouse." GC-4 Original Contract Sum $1,224,000.00 Net Change by Previous Orders 57,618.00 Contract Sum Prior to this Change Order 1,281,618.00 Contract Sum will be Increased by: 9,939.00 New Contract Sum Incl. this Change Order 1,291,557.00 GC-5 Original Contract Sum $1,224,000.00 Net Change by Previous Orders 67,557.00 ---PAGE BREAK--- Contract Sum Prior to this Change Order 1,291,557.00 Contract Sum will be Increased by: 1,023.00 New Contract Sum Incl. this Change Order 1,292,580.00 NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Building Project Committee, this Legislature accepts said Change Orders; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 226 Motion by Karius, second by Fitzsimmons. RE: APPOINTMENT TO SCHUYLER COUNTY AGRICULTURAL COMMITTEE WHEREAS, the Schuyler County Agricultural Committee, a coalition of existing agricultural groups and agencies within our county, have officially adopted their by-laws on May 5, 1994, and WHEREAS, the Schuyler County Legislature wishes to welcome them as an official organization with our county community, and WHEREAS, the purpose of the Schuyler County Agricultural Committee is to strengthen the economic viability of agriculture in Schuyler County through the promotion and increased public awareness of the importance of agriculture to our overall economy of the county, state and nation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature appoints the Chairman of its Agriculture and Natural Resource Committee, currently Patricia L. Hastings, as our representative to this committee for a two-year term coinciding with the term of the legislators. VOTE: Passed 8-0. RESOLUTION NO. 227 Motion by Karius, second by Fitzsimmons. RE: AUTHORIZE CONTRACT WITH NEGOTIATION CONSULTANT BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Michael Krusen for negotiation consultant services at the rate of $50.00 per hour, not to exceed $2,000.00, there being monies available in Legislative account no. 1010.435 (Professional Fees and Services); subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 228 Motion by Karius, second by Fitzsimmons. RE: AUTHORIZE COUNTY TREASURER TO PAY AUDIT WITHIN FUNDS WHEREAS, the bills have been audited and ordered paid. NOW, THEREFORE, BE IT RESOLVED, that Abstract 4 of 1994, bills numbered as follows: General Fund #1667 - #2087; 2098-2121; 2136-2140; Capital General Fund #2122 - 2135; County Road Fund #2088 - #2093; Machinery Fund #2094 - #2097, as certified by the Chairman and Deputy Clerk of the Schuyler County Legislature, be transmitted to the County Treasurer, and BE IT FURTHER RESOLVED, the County Treasurer is authorized to make direct payment by check of the amounts shown and that the respective accounts be charged the amounts allowed. Summary of Accounts I General Fund Human Services Committee $ 17,242.15 Legislative Committee 13.66 Agriculture/Natural Resource 0.00 Finance Committee 1,371.47 Administrative Committee 178,180.56 Corrections, Refor. & Ed. 2,170.77 Co. Clerk/Elections Comm. 708.43 Public Health Committee 46,808.23 Mental Health Committee 69,581.71 Public Safety Committee 77,615.06 Assessment/Taxation Comm. 12,391.49 Buildings & Grounds Comm. 17,001.95 Community Development, ---PAGE BREAK--- Planning & Expansion 19,094.67 Highway Committee 64.91 Total General Fund..........$442,245.06 II Capital General Fund Buildings and Grounds Comm. $281,073.18 Community Development, Planning & Expansion Committee $ 585.63 Total Capital General Fund..$287,330.81 III Trust Fund Gazebo Fund $ 00.00 Total Trust 00.00 IV County Road Fund Total County Road 42,760.00 V Machinery Fund Total Machinery 11,175.37 TOTAL AUDIT.....$783,511.24 APPROVED/s/ Angeline B. Franzese APPROVED/s/ Doris J. Craig Chairman Clerk Schuyler County Legislature Schuyler County Legislature VOTE: Passed 8-0. RESOLUTION NO. 229 Motion by Burnside, second by Karius. RE: MOTION TO BRING ONE RESOLUTION TO THE FLOOR BE IT RESOLVED, that one resolution be brought to the floor. ---PAGE BREAK--- VOTE: Passed 8-0. RESOLUTION NO. 230 Motion by Hastings, second by Karius. RE: CREATE TEMPORARY DATA ENTRY POSITION - DSS WHEREAS, a Sr. Data Entry Operator will be off work for at least one month beginning May 5, 1994, and WHEREAS, the Legislature previously authorized the creation of a temporary data entry operator position to fill in during a previous disability absence of the Sr. Data Entry Operator, and WHEREAS, this position was filled by a Typist in the Department who is now trained in data entry, and WHEREAS, the Department cannot function without two persons doing data entry. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the creation of a temporary data entry operator position in the Department of Social Services and authorize the Commissioner to fill said position effective May 10, 1995 until such time as the Sr. Data Entry Operator returns, and BE IT FURTHER RESOLVED, that the Department be authorized to fill the vacant Typist position created by the temporary promotion of the Typist to Data Entry Operator. VOTE: Passed 8-0. REPORT ON STANDING COMMITTEES: Legislator Halpin announced the Administrative Committee will be going to Yates County on Wednesday to study their County Administrator's position. Legislator Halpin also announced a meeting with the towns and villages scheduled for May 26th at 7:00 p.m. at the Rural Urban Center regarding Appalachian Regional Funding for a shared administrative position. Legislator Hastings said she had written to Al Gore, Vice-President, relative to closing the USDA offices. She said she has heard from Conservationist Richard Swan and he said the Schuyler County Offices should be okay. Legislator Hastings advised the Assessment and Taxation Committee will be studying the tax structure and forming a special committee to do this. She further advised that the closing for the Johnson parcel will possibly be at the end of May. Legislator Halpin advised that the sales tax is up 19.4% over last year. UNFINISHED BUSINESS: Resolution No. 171 tabled April 11, 1994 titled, "Support Changes in New York Penal And Criminal Procedures". Chairman Franzese asked Legislator Fitzsimmons, Chairman of the Corrections, Reformation and Education Committee, what the Committee recommendation was relative to this resolution. Legislator Fitzsimmons advised that the Committee recommends to leave the resolution on the table indefinitely. ---PAGE BREAK--- NEW BUSINESS: Chairman Franzese read a letter received May 3, 1994 from Ronald Alexander, Chairperson of the Supervisors Association of Schuyler County. Chairman Franzese announced a Special Meeting of the Legislature on May 27, 1994 at 4:00 p.m. with the sole item of business being addressing the letter from the Supervisors Association of Schuyler County. Legislator Halpin said that Cooperative Extension is developing their four-year plan and would like Legislative participation, especially relative to budgeting. PUBLIC PARTICIPATION - 10:05 P.M.: Casey Creamer, Burdett, noted that during the debate on Resolution No. 192 there were five times that the legislators referred to themselves as managers. He felt that the department heads are managers and the legislators were elected to be legislators. Lory Peck expressed dislike of the debate on Resolution No. 192 on the floor tonight. He then expressed gratitude for supporting the resolution relative to the mental health building. As a union representative for the Administrative Unit, Mr. Peck urged the Legislature to recognize the Supervisors Association of Schuyler County and negotiate fairly with them. Duane Spilde said he agreed with the importance of debate, but felt the debate on Resolution No. 192 was hurtful and contained inaccurate information. Mr. Spilde said that there are a number of county personnel that work many extra hours and the need for help county-wide is tremendous. He also felt that the statements made about chasing state monies just because they are there is a misinformed opinion and he has tried to articulate the rationale on this very hard. Public Participation was declared closed at 10:19 p.m. The meeting adjourned at 10:19 p.m. Doris J. Craig, Clerk Gail M. Willis, Deputy Clerk SPECIAL MEETING MAY 27, 1994 The May 27, 1994 Special Meeting of the Schuyler County Legislature was called to order at 4:00 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION - 4:02 P.M.: There being none, Chairman Franzese proceeded with the agenda. RESOLUTION NO. 231 Motion by Fitzsimmons, second by Young. ---PAGE BREAK--- RE: RATIFICATION OF SPECIAL MEETING CALL 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 possible action upon the following item of business: 1. Request for Recognition of Supervisors Association of Schuyler County. VOTE: Passed 8-0. RESOLUTION NO. 232 Motion by Young, second by Fitzsimmons. RE: AUTHORIZE CHAIRMAN TO DECLINE RECOGNITION OF SUPERVISORS ASSOCIATION OF SCHUYLER COUNTY (SASC) WHEREAS, the Chairman of this Legislature received written notification from Ronald G. Alexander of the organizing committee of the Supervisors Association of Schuyler County (SASC) advising that the SASC is an employee organization as defined by the Public Employees Fair Employment Act, under Article 14 of the Civil Service Law and requesting that the SASC be recognized as the exclusive representative of the unit consisting of all full and part-time Department Heads and Deputy Department Heads employed by Schuyler County, and that this Legislature negotiate with SASC to determine salaries, grievance procedure, and other terms and conditions of employment, and WHEREAS, the letter further advised that failure to respond to the request for recognition, or if the Legislature declined to recognize the organization, it was the intent to file a Petition for Certification to the New York State Public Employment Relations Board. NOW, THEREFORE, BE IT RESOLVED, the recommendation of the majority of this Legislature at a Legislative Committee meeting was to authorize the Chairman of this Legislature to send a letter to Mr. Ronald G. Alexander declining recognition of SASC as the collective bargaining agent, effective May 31, 1994. DISCUSSION: Legislator Hastings said she felt there is a feeling of unfairness with the Department Heads dealing with the Legislators and also felt that a County Administrator would help them feel more secure. She requested the Administrative Committee to bring in an Administrator position to give the Department Heads the support they need. She would have to vote for the resolution, however, because of her position. Legislator Young said he supports the idea of organized labor, but does not understand the Department Heads needs. He has not been approached by one Department Head with a concern. Legislator Burnside said he has a problem with recognizing them at this time as he feels there is a lack of information. Legislator Smith asked if this resolution had gone through Committee and Chairman Franzese advised that it was discussed at the last Legislative Committee meeting. Legislator Smith then said he has always been opposed to the ---PAGE BREAK--- Department Heads having a union, but now feels he understands where they are coming from and will oppose this resolution. Legislator Halpin said, as a member of the Labor/Management Committee, that there was a lot of time and energy devoted to that Committee and felt it was working well and developing faith and trust. She did not understand the reasoning behind the petition. Legislator Fitzsimmons said he is interested in hearing more about the issues and hopes the dialogue stays open and productive. Legislator Young said he would like to meet with the Department Heads to understand what is going on. County Attorney Coleman interjected stating that once a employee group starts this process, communication becomes formalized with a statutory framework. In response to Legislator Smith's question, Attorney Coleman advised that if SASC seeks PERB, the Legislature can only talk to them through channels as advised by labor counsel. Chairman Franzese stated that labor counsel advised there be no discussion after receipt of the letter, and further that the County has to respond to the letter within 30 days. Legislator Hastings asked if Ron Alexander, Chairperson of SASC, could speak. Chairman Franzese declined the request without advice from labor counsel. Legislator Young said he would support the resolution with the idea of being able to talk to the Department Heads, but not to coerce them or change their minds. Legislator Karius said there used to be a good rapport with the Department Heads and Legislators and would like to see it again. Legislator Young "called for the question". VOTE: Passed 7-1. (No: Smith) PUBLIC PARTICIPATION - 4:38 P.M.: David Kelly, Vice-President of the Association, said he appreciated the Legislature's thought and debate. He said the Association's primary concern is to have job security. They do not share the same view of the Labor/Management Committee and want more eye-level cooperation. He concluded by saying that 75% of the eligible members do participate. The Legislature thanked him for his comments. Public Participation was declared closed at 4:40 p.m. The meeting adjourned at 4:40 p.m. Doris J. Craig, Clerk Gail M. Willis, Deputy Clerk REGULAR MEETING JUNE 13, 1994 The June 13, 1994 Regular Meeting of the Schuyler County Legislature was called to order at 6:31 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Burnside and followed by a Moment of Silence. ROLL CALL: All Legislators were ---PAGE BREAK--- present with Legislator Smith arriving at 6:38 p.m. County Attorney Coleman was also present. ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced the one emergency resolution coming to the floor tonight by title. PUBLIC PARTICIPATION - 6:33 P.M.: There being no public comment, with the permission of the public present, Chairman Franzese proceeded with the agenda. RESOLUTION NO. 233 Motion by Fitzsimmons, second by Burnside. RE: APPROVE MINUTES OF APRIL 11, 1994 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the April 11, 1994 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 7-0. RESOLUTION NO. 234 Motion by Young, second by Burnside. RE: AUTHORIZE CHANGE ORDERS GC-6, GC-7 AND GC-8 - CONTRACT WITH MCGUIRE & BENNETT, INC. WHEREAS, the architect is in receipt of contractors' proposal letters dated 3/18/94 relative to added labor and material costs for revision of floor plans of existing first floor of Court House-south side per architects' drawing; and to deduct for material not provided (carpet-160 sq. yrd.) but installed in existing Court House (GC-6 and GC-7, respectively), and WHEREAS, as per contractors' proposal letter dated 3/28/94 GC-8 is to deduct Dutch Door as originally planned for existing first floor level of Court House-south side and substitute standard panel door, and WHEREAS, the Building Project Committee has reviewed the referenced change orders and recommends authorization thereof as follows: GC-6 Original Contract Sum $ 1,224,000.00 Net Change by Previous Orders 68,580.00 Contract Sum Prior to this Change Order 1,292,580.00 Contract Sum will be Increased by: 279.00 ---PAGE BREAK--- New Contract Sum Incl. this Change Order 1,292,859.00 GC-7 Original Contract Sum $ 1,224,000.00 Net Change by Previous Orders 68,859.00 Contract Sum Prior to this Change Order 1,292,859.00 Contract Sum will be Decreased by: 1,107.00 New Contract Sum Incl. this Change Order 1,291,752.00 GC-8 Original Contract Sum $ 1,224,000.00 Net Change by Previous Orders 67,752.00 Contract Sum Prior to this Change Order 1,291,752.00 Contract Sum will be Decreased by: 375.00 New Contract Sum Incl. this Change Order 1,291,377.00 NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Building Project Committee, this Legislature accepts said Change Orders; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 235 Motion by Young, second by Burnside. RE: AUTHORIZE APPLICATION FOR EISEP FUNDS - OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging is eligible for $7,250.00 in state funds under the Expanded In-Home Services for the elderly Program (EISEP) for the first quarter of state fiscal year 1994-95 to provide case management, homemaker personal care level II and housekeeper/chore level III services for functionally impaired elderly, and WHEREAS, a local match of $667.00 is required for these funds, and WHEREAS, the application for these funds must be submitted to the NYS office for the Aging by July 1, 1994. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign the application for the EISEP Program, subject to approval of the Schuyler County Attorney if necessary, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature agrees to appropriate $667.00 in the 1995 county budget as local share in support of the EISEP Program for the first quarter of 1995 (last quarter of the 1994-95 SFY), and BE IT FURTHER RESOLVED, that the Schuyler County Legislature agrees to appropriate an additional $3,333.00 in the 1995 county budget for local matching funds for April through December, 1995 to continue the EISEP Program in the first three quarters of state fiscal year 1995-96 (total 1995 county appropriation $4,000). VOTE: Passed 8-0. RESOLUTION NO. 236 Motion by Young, second by Burnside. RE: AUTHORIZE TYPIST POSITION - DEPARTMENT OF SOCIAL SERVICES WHEREAS, a committee of Social Services employees, after studying the Department's problems with managing the increasing telephone calls, has recommended a clerk for each unit, and WHEREAS, there are several other Medicaid functions that need to be assigned, including: Clerical support to the Managed Care Coordinator and Managed Care Program in general, and Processing prior approvals for medical assistance transportation, and other Medicaid unit functions, and WHEREAS, adding this position to the Medicaid Unit would assist the unit in managing the Medicaid caseload of over 1,000 cases with another 75 pending eligibility, and WHEREAS, the cost for the position will be covered for at least 22 months by the Managed Care Grant. NOW, THEREFORE, BE IT RESOLVED, that a typist position, as titled by Civil Service, be created and filled in the Medicaid Unit of Social Services at an annual salary of $13,545 (Grade II), and BE IT FURTHER RESOLVED, to add $13,545 to account no. 6010.1-Personnel and $9,210 to account no. 6010.4810-Federal Revenue and $9,211 to account no. 6010.3610- State Revenue. ---PAGE BREAK--- VOTE: Passed 8-0. RESOLUTION NO. 237 Motion by Burnside, second by Fitzsimmons. RE: AUTHORIZE FLOATING SOCIAL WELFARE EXAMINER POSITION - DSS WHEREAS, the caseload in the Medicaid Unit has increased from 617 cases in 1987 to 1,044 in May, 1994, and WHEREAS, despite the implementation of several time-saving efficiencies, a problem continues to exist with a backlog of case processing, and WHEREAS, this backlog has negative fiscal implications for the Department. NOW, THEREFORE, BE IT RESOLVED, that authorization is hereby given to the Department of Social Services to create and fill a floating Social Welfare Examiner position, as titled by Civil Service, at a 1994 annual salary of $15,291, Grade XV, to be funded from Account No. 6010.1. VOTE: Passed 8-0. RESOLUTION NO. 238 Motion by Burnside, second by Fitzsimmons. RE: AUTHORIZE PURCHASE OF SECURITY CAMERAS WHEREAS, additional security cameras are needed for the safe operation of the jail, and WHEREAS, West Fire Systems, Inc. has wired and furnished equipment presently used in the jail. NOW, THEREFORE, BE IT RESOLVED, the Building Maintenance Supervisor be authorized to purchase the additional wiring and equipment as soon as possible from West Fire Systems, Inc. at an approximate cost of $5,270.00, and BE IT FURTHER RESOLVED, that this purchase be funded from Rewire the Jail Account Number H3150.201 as this completes the rewiring of the jail. VOTE: Passed 8-0. RESOLUTION NO. 239 Motion by Burnside, second by Fitzsimmons. RE: AMEND RESOLUTION NO. 212/CONTRACT WITH VITAL TELECOMMUNICATIONS, INC. WHEREAS, Vital Telecommunications, Inc.'s proposal was presented with only two options, and ---PAGE BREAK--- WHEREAS, Option I was recommended at the April Buildings and Grounds Committee meeting which has no "not to exceed" figure, and WHEREAS, the Buildings and Grounds Committee at the May meeting again recommended Option I with no "not to exceed" figure as in Resolution No. 212-94. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 212-94 be amended by eliminating "not to exceed $8,000.00". VOTE: Passed 8-0. RESOLUTION NO. 240 Motion by Young, second by Smith. RE: ACCEPT/REJECT BIDS FOR TELEPHONE/RADIO RECORDING SYSTEM WHEREAS, Resolution No. 214-5/9/94 authorized advertisement for bids for a Telephone/Radio Recording System, and WHEREAS, bids were received and opened at the May 27, 1994 Public Safety Committee meeting, and WHEREAS, there is $20,000 in Account No. 3689.215 for this purchase, and WHEREAS, Sheriff Maloney will make available the balance of $6,150 from Sheriff Reserve 888. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Emergency Management Coordinator, that this Legislature accept the bid from The Wilmac Company, 51 State St., Rochester, NY 14614, in the amount of $26,150, and BE IT FURTHER RESOLVED, that the following bids be rejected: Videosound of Ithaca, Inc. in the amount of $19,170, AAT Communication, Corp. in the amount of $37,331.25, and Dictaphone Corp. in the amount of $34,995. DISCUSSION: Legislator Halpin asked Legislator Young why the lowest bid is not being accepted. He explained that the specification and bids were carefully reviewed and the lowest bidder did not completely meet the specifications. VOTE: Passed 8-0. RESOLUTION NO. 241 Motion by Young, second by Smith. ---PAGE BREAK--- RE: AUTHORIZE ISSUANCE OF DOG LICENSES FROM THE SCHUYLER COUNTY ANIMAL SHELTER WHEREAS, the County of Schuyler operates an Animal Shelter for dogs by reason of a contract with the eight townships in Schuyler County, and WHEREAS, it is necessary for dogs being adopted from the dog pound to be properly vaccinated and licensed, and WHEREAS, the State Shelter Inspector has recommended that licensing take place by the Animal Control Officer at the Animal Shelter. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to make application on behalf of the Sheriff or his designee, Animal Control Officer, William A. Everetts, to sell and issue dog licenses from the Schuyler County Animal Shelter. DISCUSSION: Legislator Hastings said she would be voting no on this resolution because she thinks this is a move that will encourage the animal shelter to end up doing the whole job. She feels this is going to increase the workload of the department thereby creating a necessity for more help. Legislator Karius said she had called her town and they only get $.14 and $.17 back from each license. Chemung County has been doing it this way and they are having a problem in making sure the appropriate town that the dog will be living in is on the license. Legislator Burnside said the state is recommending this procedure because they felt it would assure that people get their licenses. Legislator Burnside explained that when a person picks up a dog the license fee is paid for. Then after the dog has received its shots, the proof of shots is taken to the Sheriff's Department and the license issued. Chairman Franzese asked the Public Safety Committee to follow up on the procedure relative to the licenses getting to the appropriate towns. Legislator Halpin expressed concern over the fact that the Dog Control Officer is not always there. Legislator Fitzsimmons asked that the Public Safety Committee look at the Humane Society volunteers helping with adoptions and issuing licenses to increase the hours that someone is available to the public. VOTE: Passed 7-1. (No: Hastings) RESOLUTION NO. 242 Motion by Young, second by Smith. RE: CREATE TYPIST POSITION/AUTHORIZE HIRING - HOME HEALTH WHEREAS, a Typist in the Home Health Agency will retire on June 17, 1994, and WHEREAS, it is preferable to have this Typist train her replacement rather than have other staff work overtime. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that a temporary Typist position is hereby created in the Home Health Agency, as approved by Civil Service, to be funded from account no. 4010.100, and BE IT FURTHER RESOLVED, that the Home Health Agency is hereby authorized to fill this position from June 1 to June 17, 1994 until the new Typist is trained, and BE IT FURTHER RESOLVED, that the salary be prorated on the basis of an annual salary of $15,322, said funds available in the 4010.1 account. VOTE: Passed 8-0. RESOLUTION NO. 243 Motion by Young, second by Halpin. RE: RENEW THE SCHUYLER COUNTY PUBLIC HEALTH NURSING SERVICE OPERATING CERTIFICATE FOR IMMUNOLOGY, PART-TIME CLINICS, WELL CHILD CARE AND TB RESPIRATORY CARE WHEREAS, the Schuyler County PHNS Operating Certificate for clinics will expire July 31, 1994, and WHEREAS, the Schuyler County Legislature supports the continuation of clinic services. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the renewal of the Schuyler County PHNS Operating Certificate, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign and submit the appropriate documents, subject to approval of the Schuyler County Attorney, if necessary. VOTE: Passed 8-0. RESOLUTION NO. 244 Motion by Young, second by Halpin. RE: RENEW CONTRACT WITH SCHUYLER HOSPITAL TO PROVIDE PHYSICAL THERAPY SERVICES WHEREAS, the Home Health Agency wishes to renew its contract with Schuyler Hospital, Inc., to provide physical therapy services at the rate of $35.00 per hour, plus mileage reimbursement at the rate of $.28 per mile from July 1, 1994 through June 30, 1995. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Schuyler Hospital, Inc. for physical therapy services at the above-referenced terms, subject to approval of the Schuyler County Attorney. ---PAGE BREAK--- VOTE: Passed 8-0. RESOLUTION NO. 245 Motion by Young, second by Halpin. RE: RENEW CONTRACT WITH SCHUYLER HOSPITAL TO PROVIDE OCCUPATIONAL THERAPY SERVICES WHEREAS, the Home Health Agency wishes to renew its contract with Schuyler Hospital, Inc., to provide occupational therapy services at the rate of $35.00 per hour, plus mileage reimbursement at the rate of $.28 per mile from July 1, 1994 through June 30, 1995. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Schuyler Hospital, Inc. for occupational therapy services at the above-referenced terms, subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 246 Motion by Hastings, second by Young. RE: CONTRACT - MILLER ASSOCIATES FOR EARLY INTERVENTION EVALUATIONS - HOME HEALTH AGENCY WHEREAS, the Schuyler County Early Intervention Program must contract with providers to provide early intervention evaluations to eligible children from birth through age two as required by the New York State Department of Health. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an ongoing contract with Miller Associates to provide early intervention evaluations, effective July 1, 1994, at rates to be determined by the New York State Department of Health with monies available in account no. 2960.490; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 247 Motion by Hastings, second by Young. RE: AUTHORIZE CONTRACT WITH FAGAN ENGINEERS/CREATE LINE ITEM - WATERSHED WHEREAS, the Schuyler County Watershed Inspector has been authorized to initiate the procedure to pursue and obtain a local waiver that exempts the requirement to have new construction alternative wastewater systems designed by a design professional (engineer), and ---PAGE BREAK--- WHEREAS, Fagan Engineers has submitted a contract, which has been reviewed and approved by the Schuyler County Attorney to prepare required information to the New York State Health Department in the form of a waiver application on behalf of the Schuyler County Watershed Protection Agency. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Fagan Engineers for generic sand filter design services at a cost of $1,000.00, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Treasurer be, and hereby is, authorized to create line item .435-Professional Fees and Services in the Watershed budget and transfer $1,000 from 4050.444-Vehicle Maintenance to fund this new line item. VOTE: Passed 8-0. RESOLUTION NO. 248 Motion by Hastings, second by Young. RE: TAX TITLE PROPERTY PURCHASERS - DELINQUENT TAXES ON OTHER PARCELS WHEREAS, it is the recommendation of the Assessment and Taxation Committee that purchasers of tax title property be current in tax payment of other tax parcels owned by the purchaser in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Terms and Conditions Of Sale, Sale Bid Form and any other pertinent document or advertisement for tax title property be amended to include the condition that all other tax parcels owned in Schuyler County by the purchaser must be current in tax payment, subject to approval of the Schuyler County Attorney of title documentation. DISCUSSION: In response to Legislator Halpin's question, the County Attorney recommended that "of title documentation" be added to the end of the resolution for clarification. VOTE: Passed 8-0. RESOLUTION NO. 249 Motion by Hastings, second by Young. RE: APPOINT - COMPUTER COORDINATION COMMITTEE WHEREAS, it is the recommendation of the Computer Coordination Committee and the Assessment and Taxation Committee that Patrick Sayer be appointed as a member of the Computer Coordination Committee. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that Patrick Sayer be, and hereby is, appointed as a member of the Computer Coordination Committee. VOTE: Passed 8-0. RESOLUTION NO. 250 Motion by Young, second by Burnside. RE: SUPPORT CHANGES TO REDEMPTION PERIOD FOR TAX ENFORCEMENT WHEREAS, Chapter 602 of the Laws of 1993 amended the Real Property Tax Law to extensively revise the system for enforcing and collecting unpaid real property taxes and, WHEREAS, the redemption period will be two years from lien date, except that a local law may be adopted increasing the period for one, two and three family residential property to three or four years and, WHEREAS, it is the recommendation of the Assessment and Taxation Committee that this Legislature support a change in the New York State Real Property Tax Law regarding the redemption period, to three years for all property. NOW, THEREFORE, BE IT RESOLVED, that this Legislature supports a change in the Real Property Tax Law relative to the redemption period to three years for all property, and BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the New York Association of Counties, New York State Division of Equalization and Assessment, New York State Association of Real Property Tax Directors and appropriate State representatives. VOTE: Passed 8-0. RESOLUTION NO. 251 Motion by Young, second by Burnside. RE: DECLARE EQUIPMENT SURPLUS/AUTHORIZE SALE - HIGHWAY WHEREAS, three one-way plows in the Highway Department are no longer needed for use in the department. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby declare three one-way plows in the County Highway Department surplus pursuant to County Law Section 215, and BE IT FURTHER RESOLVED, that the Highway Superintendent be, and hereby is, authorized to trade of equal value to D.R. Hamilton Sales, P.O. Box 788, Bath, New York two used Viking 135HSE 9' one-way plows 2 & 3) for one new Push Frame to fit a Viking 120HSE 9' or a 135HSE said value to be $2,350.00. ---PAGE BREAK--- VOTE: Passed 8-0. RESOLUTION NO. 252 Motion by Young, second by Burnside. RE: AMEND RESOLUTION NO. 49-94 RELATIVE TO BIDS - PERIOD 4/1/94- 3/31/95 FOR STEEL PLATE, STEEL PIPE, GABION BASKETS AND SHOP STEEL WHEREAS, Resolution No. 49-94 authorized advertising for bids for the furnishing of materials for the Highway Department, and WHEREAS, advertisement was made, bids received and opened Monday, March 21, 1994, and awarded to Chemung Supply Corporation, P.O. Box 527, Elmira, New York, and rejected bids were Allegany Pipe and Tubular Products, 2954 C.R. #22, Andover, NY, and Charles Haynes, Inc., 6424 E. Taft Road, P.O. Box 3009, Syracuse, NY, and WHEREAS, it is the recommendation of the Highway Superintendent and the Highway Committee that Allegany Pipe & Tubular Products had the lowest bid on items 6, 7, 10, 12, 13, 14, 15, 16, 18 & 20 for Used Steel Pipe. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 49-94 be amended to included accepting the bid from Allegany Pipe and Tubular Products for items 6, 7, 10, 12, 13, 14, 15, 16, 18 & 20 for Used Steel Pipe. VOTE: Passed 8-0. PRESENTATION - JENNIFER FAIS OF & D BOARD - 7:00 P.M.: Ms. Fais distributed the final revised Schuyler County Canal Plan for inclusion in the Finger Lakes Canal Planning Region Report. Ms. Fais said they have been working on this for one year in order to develop a state-wide plan. The Finger Lakes Association was given funds to use to insure proper placing in the plan. Ms. Fais said they are hoping to submit the final draft by the end of the week and have a statewide Public Hearing the week of July 25th. She said the state would like one major canal-related item per region. The Montour Falls Marina is ours and is the largest canal marina on canal property. Ms. Fais said she is seeking the Legislature's endorsement of this final draft plan. MOTION by Smith, SECOND by Young to support the concept of the Schuyler County Canal Plan draft as revised June 13, 1994. Motion carried eight ayes to zero noes. The Legislature complimented Ms. Fais on her hard work relative to the plan and the presentation was concluded at 7:15 p.m. RESOLUTION NO. 253 Motion by Smith, second by Young. RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL HANDICAPPED CHILDREN TO AND FROM THE SPECIAL CHILDREN'S CENTER FROM 7/1/94 TO 6/30/95 ---PAGE BREAK--- WHEREAS, Resolution No. 167-4/11/94 authorized advertising for bids for transportation of preschool handicapped children, and WHEREAS, bids were received and reviewed by the Public Health Committee on May 27, 1994, and WHEREAS, the bid from the Special Children's Center is firm from 7/1/94 to 8/31/94, but from 9/1/94 to 6/30/95 the bid is contingent upon their also being awarded the transportation bid for Tompkins County. NOW, THEREFORE, BE IT RESOLVED, that the bid from the Special Children's Center for transportation of preschool handicapped children to and from the Special Children's Center from July 1, 1994 to June 30, 1995 in the amount of $26 per child per day be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Birnie Transportation Services, Inc., for transportation to and from the Special Children's Center in the amounts listed on the attachment and summarized here: $146.67 per round trip per day for 1 to 3 children; $166.68 for 4 to 7 children; $186.68 for 8 to 15 children; be, and hereby is, accepted in the event the Special Children's Center will not transport after 8/31/94, 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. VOTE: Passed 8-0. RESOLUTION NO. 254 Motion by Smith, second by Young. RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL HANDICAPPED CHILDREN FROM 7/1/94 TO 6/30/95 - OAKS' GARAGE, INC. WHEREAS, Resolution No. 167-4/11/94 authorized advertising for bids for transportation of preschool handicapped children, and WHEREAS, four bids were received and reviewed by the Public Health Committee on May 27, 1994. NOW, THEREFORE, BE IT RESOLVED, that the bid from Oaks' Garage, Inc., for transportation of preschool handicapped children to and from Steuben-Allegany B.O.C.E.S. and Frank Pierce Early Childhood Center from July 1, 1994 to June 30, 1995 at the rate of $2.00 per loaded mile plus $10 per hour layover time, be, and hereby is, accepted, and ---PAGE BREAK--- BE IT FURTHER RESOLVED, that the bid from Oaks' Garage, Inc., for transportation of preschool handicapped children to and from the Yates ARC Keuka Lake School at the rate of $65 per child per day, 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. VOTE: Passed 8-0. RESOLUTION NO. 255 Motion by Smith, second by Young. RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL HANDICAPPED CHILDREN FROM 7/1/94 TO 6/30/95 - BIRNIE TRANSPORTATION SERVICES, INC. WHEREAS, Resolution No. 167-4/11/94 authorized advertising for bids for transportation of preschool handicapped children, and WHEREAS, four bids were received and reviewed by the Public Health Committee on May 27, 1994. NOW, THEREFORE, BE IT RESOLVED, that the bid from Birnie Transportation Services, Inc., for transportation of preschool handicapped children to and from Chemung A.R.C. Preschool, United Cerebral Palsy of Chemung County, and the SCT B.O.C.E.S. Preschool Program in Watkins Glen, from July 1, 1994 to June 30, 1995 in the amounts listed on the attachment and as summarized below, be, and hereby is, accepted: Chemung A.R.C.: $146.67 per round trip per day for 1 to 3 children; $166.68 for 4 to 7 children; $186.68 for 8 to 15 children; UCP of Chemung County: $122.22 per round trip per day for 1 to 3 children; $138.90 for 4 to 7 children; $155.60 for 8 to 15 children; SCT B.O.C.E.S. - Watkins Glen: $97.78 per round trip per day for 1 to 3 children; $111.12 for 4 to 7 children; $124.48 for 8 to 15 children; 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. VOTE: Passed 8-0. RESOLUTION NO. 256 Motion by Hastings, second by Karius. ---PAGE BREAK--- RE: AUTHORIZE CONTRACT WITH COTT COMPUTER SERVICES - COUNTY CLERK WHEREAS, the contract with Cott Computer Services for indexing services in the County Clerk's Office has expired, and WHEREAS, Cott has offered the same cost per instrument as last year, and additionally has offered to upgrade the current hardware and software systems at a cost of $410 which includes a new version of PC TOOLS and the system supplies. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Cott Computer Services for indexing and upgrade services at the same rate as last year, and upgrade the system in the County Clerk's Office for the year 1994 as outlined above, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the indexing services contract be paid from account no. 1410.428 and the upgrade services be paid from account no. 1410.426. VOTE: Passed 8-0. RESOLUTION NO. 257 Motion by Hastings, second by Karius. RE: AUTHORIZING 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, 1993 through March 31, 1994, 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 (SEE PAGE 269). VOTE: Passed 8-0. RESOLUTION NO. 258 Motion by Hastings, second by Karius. RE: AMEND RESOLUTION NO. 186-5/9/94 - TRANSFER FUNDS FOR COMPUTER SOFTWARE WHEREAS, Resolution No. 186-94 listed the amount to be transferred from account no. 1680.578 to account no. 1680.278 as $3,000, and ---PAGE BREAK--- WHEREAS, there was $3,200 appropriated in the 1994 budget for this expense and the full amount should have been transferred. NOW, THEREFORE, BE IT RESOLVED, the Resolution No. 186-94 be amended to read the total appropriations and any expenses already recorded be transferred to 1680.278 (total appropriations $3,200, expense $1,920). VOTE: Passed 8-0. RESOLUTION NO. 259 Motion by Halpin, second by Burnside. RE: PERSONNEL ACTIONS FULL-TIME ADMINISTRATIVE POSITIONS - 121 PART-TIME ADMINISTRATIVE POSITIONS - 55 FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4 FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23 APPOINTMENTS: EFFECTIVE NAME TITLE DEPARTMENT DATE SALARY TYPE BOSSARD, Carol Director OFA 3/26/94 26,500 NCC WARREN, Donald Nutrit. Coor. OFA 5/9/94 19,737 Prov DePUE, Edward Seasonal Lbr. 5/9/94 5.00/H Lbr FOLNSBEE, B. Soc. Wel. Ex. Social Svcs. 1/3/94 16,141 Prov SALBEGO, Rose Acct. Ck. Ty. Home Health 4/12/94 7.8208 Perm (30 hrs./wk. as long as grant continues) WYRE, John C. Cleaner HT 5/10/94 5.00/H NCC HOUCK, Bulinda Typist Social Svcs. 3/1/94 15,228 Rein GINGRICH, F. Mgd. Care Social Svcs. 5/9/94 20,583 Prov Coord./Medicaid Supv. ---PAGE BREAK--- NAME TITLE DEPARTMENT DATE TEMPORARY: HOUCK, Bulinda Data Entry Operat. Social Svcs. 5/11/94 (Until return of Data Entry Operator) HUNT, Sharon Youth Employment Youth Bureau 6/20/94- Training Coord. 9/2/94 MITCHELL, Lola M. Director Youth Bureau 4/1/94- To Administer SYETP Program) 9/30/94 POTTER, Beverly Typist Social Svcs. 5/11/94 (Until return of Data Entry Operator) COMFORT, Richard W. Youth Employment Youth Bureau 6/27/94- Training Coord. 9/2/94 SYETP Workers Laborers Youth Bureau 6/27/94- (50 maximum) 9/2/94 LEAVES OF ABSENCE: BLIDBERG, Onalee Sr. Soc. Welf. Ex. Social Svcs. 4/22/94 MURPHY, Patsy Sr. Data Ent. Opr. Social Svcs. 6/4/94 BLEILER, Charles Mtr. Equip. Opr. Highway 5/23/94- (Worker's Compensation) 6/2/94 BLIDBERG, Onalee Sr. Soc. Welf. Ex. Social Svcs. 5/16/94 (Return from Leave) BLEILER, Charles Mtr. Equip. Opr. Highway 6/2/94 (Return from leave) ---PAGE BREAK--- RESIGNATIONS: WARREN, Donald Support Investig. Social Svcs. 5/6/94 BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature. VOTE: Passed 8-0. RESOLUTION NO. 260 Motion by Halpin, second by Burnside. RE: APPROVE TRANSFER OF $1,000 FROM CONTINGENT ACCT. NO. 1990 TO ACCT. NO. 1010.402 WHEREAS, the required publishing of Local Law No. 3 of 1994 cost Schuyler County $1,055.92, and WHEREAS, this was a large, unanticipated expenditure for advertising, there are not sufficient funds in the budget to cover this. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the transfer of $1,000 from Contingency acct. No. 1990 to Legislature Advertising acct. no. 1010.402. VOTE: Passed 8-0. RESOLUTION NO. 261 Motion by Halpin, second by Burnside. RE: AUTHORIZE HIRING TEMPORARY HELP - TREASURER'S OFFICE WHEREAS, the 1994 Budget has funds available in acct. no. 1325.435 for the hiring of temporary help to assist in the collection of the second installment of Town and County taxes which is due on or before July 1, and WHEREAS, the monies available are provided from the fee charged those using the installment payment option. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is authorized to hire up to two temporary persons during the period 6/20/94 through 7/5/94, on an as needed basis. VOTE: Passed 8-0. RESOLUTION NO. 262 Motion by Halpin, second by Fitzsimmons. RE: ESTABLISH JUNK MAIL ACCOUNT NO. 8160.361 ---PAGE BREAK--- WHEREAS, the Schuyler County Legislature wishes to create a new line item for Junk Mail, Account No. 8160.361, and WHEREAS, the Solid Waste Management Task Force and the Recycling/Solid Waste Coordinator recommended on 5/18/94 the following budget changes. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is directed to set up line item #8160.361 - Junk Mail - $2500, and BE IT FURTHER RESOLVED, that $500 from 8160.365, $1,500 from 8160.367 and $500 from 8160.368 be transferred to Acct No. 8160.361 to fund the new $2,500 appropriation for Junk Mail. VOTE: Passed 8-0. RESOLUTION NO. 263 Motion by Halpin, second by Fitzsimmons. RE: APPOINTMENT - MEDICAL SCHOLARSHIP COMMITTEE WHEREAS, Mr. George Hoffman resigned from the Medical Scholarship Committee, and WHEREAS, his resignation has been accepted with regret and gratitude for his years of service on this committee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Maxine Neal to the Medical Scholarship Committee for the remainder of the term which ends December 31, 1996. VOTE: Passed 8-0. RESOLUTION NO. 264 Motion by Halpin, second by Fitzsimmons. RE: AWARD OF MEDICAL SCHOLARSHIP - JAMES P. COLEMAN III WHEREAS, the membership of the Schuyler County Medical Scholarship Committee at its May 13, 1994 meeting unanimously recommended that James P. Coleman III of Watkins Glen, New York continue to receive the medical scholarship. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledges the recommendation of the Schuyler County Medical Scholarship Committee and awards James P. Coleman III the Medical Scholarship funds to be budgeted for fiscal year 1995, provided he shall remain eligible for same, and ---PAGE BREAK--- BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall prepare the necessary documents for execution by James P. Coleman III for payment of the 1995 scholarship funds in two payments of $3,250.00, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be, and hereby is, authorized to prepay said amounts of $3,250 upon presentation of properly executed and documented vouchers. DISCUSSION: Legislator Fitzsimmons stated for the record, "I will support no more cash grants for medical scholarship, but will support a loan program". VOTE: Passed 8-0. RESOLUTION NO. 265 Motion by Young, second by Halpin. RE: AUTHORIZE OPTION I AND ADVERTISEMENT FOR BID - VITAL TELECOMMUNICATIONS WHEREAS, it is imperative to pursue an option for telecommunications since the completion of the building project is tentatively scheduled for August 1st, and WHEREAS, it is the recommendation of the Building Project Committee that the Legislature choose Option I of Vital Telecommunications comparisons. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize Vital Telecommunications to proceed with Option I for digital services with a new PBX for the county office building and addition, and BE IT FURTHER RESOLVED, that Vital Telecommunications and the Building Maintenance Supervisor be authorized to advertise for bids for same, and BE IT FURTHER RESOLVED, that Vital Telecommunications be further authorized to re-negotiate the contract with NYNEX to obtain Flexipath services. VOTE: Passed 8-0. RESOLUTION NO. 266 Motion by Young, second by Halpin. RE: AUTHORIZE COUNTY TREASURER TO PAY AUDIT WITHIN FUNDS WHEREAS, the bills have been audited and ordered paid. NOW, THEREFORE, BE IT RESOLVED, that Abstract 5 of 1994, bills numbered as follows: General Fund #2141 - #2703; Capital General Fund #2704 - 2718; County Road Fund #2719 - #2724; Machinery Fund #2725 - #2729, as certified by the Chairman and ---PAGE BREAK--- Deputy Clerk of the Schuyler County Legislature, be transmitted to the County Treasurer, and BE IT FURTHER RESOLVED, the County Treasurer is authorized to make direct payment by check of the amounts shown and that the respective accounts be charged the amounts allowed. Summary of Accounts I General Fund Human Services Committee $ 17,594.10 Legislative Committee 98.22 Agriculture/Natural Resource 2,805.75 Finance Committee 5,485.72 Administrative Committee 12,915.05 Corrections, Refor. & Ed. 8,221.71 Co. Clerk/Elections Comm. 2,115.93 Public Health Committee 55,901.47 Mental Health Committee 28,319.16 Public Safety Committee 30,995.57 Assessment/Taxation Comm. 15,424.47 Buildings & Grounds Comm. 53,257.69 Community Development, Planning & Expansion 12,463.04 Highway Committee 872.00 Total General Fund..........$246,469.88 II Capital General Fund Buildings and Grounds Comm. $205,577.42 ---PAGE BREAK--- Community Development, Planning & Expansion Committee $ 4,805.77 Total Capital General Fund..$210,383.19 III Trust Fund Gazebo Fund $ 00.00 Total Trust 00.00 IV County Road Fund Total County Road 24,669.89 V Machinery Fund Total Machinery 25,791.81 TOTAL AUDIT.....$507,314.77 APPROVED/s/ Angeline B. Franzese APPROVED/s/ Doris J. Craig Chairman Clerk Schuyler County Legislature Schuyler County Legislature VOTE: Passed 8-0. RESOLUTION NO. 267 Motion by Young, second by Halpin. RE: MOTION TO BRING ONE RESOLUTION TO THE FLOOR BE IT RESOLVED, that one resolution be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 268 Motion by Young, second by Halpin. RE: CONTRACT BETWEEN THE FALLS HOME ASSISTED LIVING PROGRAM AND THE HOME HEALTH AGENCY WHEREAS, the New York State Department of Health and the New York State Department of Social Services have approved the operation of an assisted living program at the Falls Residence, and ---PAGE BREAK--- WHEREAS, Section 3614(6) of Public Health Law and Section 86-7 of 10 require a contract between the Assisted Living Program and the Certified Home Health Agency in order for the home health care services to be delivered, and WHEREAS, it is advantageous for the County to have an assisted living program operating in the County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an agreement between the Falls Home Assisted Living Program and the Schuyler County Home Health Agency for home care services for the period of July 1, 1994 through June 30, 1995 at the rate of $85.00 per hour of skilled nursing visit time, and at established Home Health Agency rates for all other Home Health Agency services; contingent upon the approval of the Schuyler County Attorney. VOTE: Passed 8-0. REPORT ON STANDING COMMITTEES: Legislator Halpin announced the Administrative Committee meeting scheduled for June 16th has been changed to June 15th at 9:30 a.m. Legislator Hastings attended the Fish and Wildlife Board meeting and passed along information from the same. She advised that a letter was sent to Senator Kuhl relative to public access for Cayuta Lake. Legislator Fitzsimmons noted that Ronald Alexander had reported at the last Corrections, Reformation & Education Committee that in 1992-1993 Schuyler County had the greatest percentage reduction in felonies of any county in the state. Legislator Fitzsimmons also noted that Corning Community College has hired Dr. Eduardo Marti as their new president. Legislator Karius advised that the Human Services Committee hopes to resolve the issue of who will be running the Veterans Service Agency at their next meeting since there are time constraints. Legislator Burnside said that he has been receiving several complaints, referred them to the appropriate public safety personnel and they were given immediate attention. UNFINISHED BUSINESS: Legislator Halpin advised that the building project completion date is August 1st. The communications system may not be installed by that date, however. She further noted the project considered and rejected in January of 1992 was estimated to be $2.1 million at an interest rate of 6.5%. The current project will cost $2.0 million at an interest rate of 5.6%. NEW BUSINESS: Legislator Hastings stated for the record, "There seems to have been some snowballing in the county as far as positions are concerned and a little bit of it is that the need is there. I am getting to be a little bit worried and I would like it noted that I will not satisfy any more new positions in the county for the rest of this year and those to replace I will look at very seriously because we are going to have a very difficult budget at the end of this year. There seems to be a lot of upset with different departments who felt they were making the sacrifices to get along with what they had and we weren't playing fair. I hope this Legislature seriously considers when we make the decision to ---PAGE BREAK--- appoint new positions that we only have six more months to go and we have to look at them very seriously." PUBLIC PARTICIPATION - 7:38 P.M.: Casey Creamer, Burdett, said he appreciates Legislator Hastings thinking about the budget now and not waiting until later. Michael Gehl expressed gratitude for the Assisted Living Program resolution. The meeting adjourned at 7:42 p.m. Doris J. Craig, Clerk Gail M. Willis, Deputy Clerk REGULAR MEETING JULY 11, 1994 The July 11, 1994 Regular Meeting of the Schuyler County Legislature was called to order at 6:38 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present. ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: None. PUBLIC PARTICIPATION - 6:40 P.M.: David Kelly, Planning Director, directed his question to Intro. No. 11 relative to amending the Management Level Salary Plan and asked about the changes being made. Legislator Halpin responded that the addition of the performance evaluation form and correction of some typographical errors are the only changes. A gentleman spoke about the Veterans Service Officer position. While Mr. Clark does a good job, he felt that a county resident ought to hold the position and felt now is the time to advertise and train. It was explained that Mr. Clark's appointment is temporary to keep the office running until a qualified person is on board. Legislator Karius advised that the Human Services Committee will be starting the advertising process at the next committee meeting. Chairman Franzese noted that in 1992 Schuyler County, with a 2,455 estimated veteran population, received $1.1 million in benefits and thanked Mr. Clark for his service to the County. Lory Peck urged the Legislature to move forward with accepting the proposal for the Deferred Compensation Plan. Public Participation was declared closed at 6:50 p.m. PRESENTATION - JOHN ZAGAME, EXECUTIVE DIRECTOR OF NYSAC - 6:50 P.M.: Mr. Zagame explained that he was travelling to all counties around the state introducing himself and keeping them abreast of the work of NYSAC. Mr. Zagame feels the state and county governments need a closer relationship. He said that NYSAC's ---PAGE BREAK--- primary goal is Medicaid takeover with the Pre-K Handicapped Children's Program being another major issue. The State has an obligation to pay for its mandates. NYSAC also sees an increased need for economic development. Mr. Zagame said that at their fall conference they will have a session relative to this. NYSAC is working on cost containment to submit to the Governor and State Legislature in January and will have a task force on the Pre-K program to do surveys. Mr. Zagame said there is a need for individual county legislators to help NYSAC with lobbying - the more voices heard, the better. In conclusion, Mr. Zagame advised that counties are the clients and should feel free to call his office anytime. The presentation concluded at 7:08 p.m. RESOLUTION NO. 269 Motion by Burnside, second by Smith. RE: APPROVE MINUTES OF THE MAY 9 AND JUNE 13, 1994 REGULAR MEETINGS AND MAY 27, 1994 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the May 9 and June 13, 1994 Regular Meetings and May 27, 1994 Special Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 270 Motion by Smith, second by Burnside. RE: AUTHORIZE REPLACEMENT OF UPS - CENTRAL DATA PROCESSING WHEREAS, the uninterrupted power supply (UPS) for the County Office Building network file server is not functioning, and WHEREAS, it is essential that the file server be protected against power outages, and WHEREAS, it is the recommendation of the Assessment and Taxation Committee that this equipment be replaced. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the purchase of a new UPS and powershoot software at a cost of approximately $500.00, and BE IT FURTHER RESOLVED, that the County Treasurer be, and hereby is, authorized to transfer $500.00 from account no. 1680.426 (Maintenance of Equipment) to account no. 1680.200 (equipment). VOTE: Passed 8-0. RESOLUTION NO. 271 Motion by Smith, second by Burnside. RE: AUTHORIZE TEMPORARY ACCOUNTING SUPERVISOR GRADE B - DSS ---PAGE BREAK--- WHEREAS, H. Gardner plans to retire October 31, 1994 as the Accounting Supervisor, Grade B, a position that she has held since December 29, 1970 (date of hire 10/16/67), and WHEREAS, the Accounting Supervisor now is responsible for the supervision of the accounting and data entry units including management of the $6,725,000 Department of Social Services budget involving processing payments to clients and vendors, developing new procedures in compliance with state standards, maximizing state and federal reimbursement, completing fiscally related reports and claims, monitoring budget status, assisting the Commissioner in developing annual department budget, as well as training and supervising staff, and WHEREAS, the skills involved with the above tasks have been developed over the past twenty-seven years and are specific to the Department of Social Services. NOW, THEREFORE, BE IT RESOLVED, that authority be, and hereby is, granted for the creation and filling of a temporary Accounting Supervisor, Grade B position, at a salary of $20,883, commencing August 1, 1994 for the purpose of Gardner training her replacement, as funded in the 1994 Department of Social Services budget 6010.1 account, and as titled by the Civil Service Commission. VOTE: Passed 8-0. RESOLUTION NO. 272 Motion by Smith, second by Burnside. RE: SET COUNTY BURIAL RATES WHEREAS, Schuyler County Burial Rates have not been increased in nearly 10 years, and WHEREAS, local funeral directors can no longer meet their base costs with the current rates. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County adopt the attached Burial Rates effective January 1, 1995 for all Schuyler County approved burials. VOTE: Passed 8-0. RESOLUTION NO. 273 Motion by Young, second by Smith. RE: NEW YORK TOURIST PROMOTION ACT - DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY - 1994-1995 WHEREAS, the New York State Matching Grants Program is designed to encourage tourism promotion throughout the regions of New York State, and ---PAGE BREAK--- WHEREAS, in the past the State has appropriated funds for this purpose in its Commerce Department budget, and WHEREAS, the guidelines for this local assistance program encourage counties to appoint a regional Tourist Promotion Agency, and WHEREAS, the Schuyler County Chamber of Commerce has, by Legislative Resolution No. 230-93 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 tourist promotion organization since its inception, and WHEREAS, the Schuyler County Chamber of Commerce has requested to be designated as the County's Tourism Promotion Agency for the 1994-95 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 1994-1995 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 above designated Schuyler County Chamber of Commerce, shall be responsible for timely reporting to the Schuyler County Legislature concerning its proposed promotional programs and any application for matching funds, and shall further make required periodic reports to this Legislature relative to any application for funds involving the County and their use thereof for tourist promotion purposes and for such other acts as required by state law, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature 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 Promotion Act, provided the State appropriates funds for this purpose in its Commerce Department budget for 1994-1995, 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. VOTE: Passed 8-0. RESOLUTION NO. 274 Motion by Young, second by Smith. RE: LEGAL SERVICES - BUILDING PROJECT - MENTAL HEALTH ---PAGE BREAK--- WHEREAS, at its meeting on June 6, 1994, the Community Services Board identified the need to contract with legal counsel regarding questions involving the building project for the Mental Health Clinic, and WHEREAS, priority consideration will be given to Schuyler County attorneys in the selection process, and WHEREAS, there are monies in the 1994 Schuyler County Mental Health Clinic budget to render for this expense, and WHEREAS, the NYS Office of Mental Health Western Regional Office and the Schuyler County Community Services Board has approved this expenditure. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the Community Services Board to contract for legal services, in an amount not to exceed $15,000, for legal services to be rendered in connection with satisfying the terms of the application for the grants and negotiating and drafting of all documents, titles and contracts related to the purchase of property, construction, and development thereon related to the Schuyler County Mental Health Clinic, the Schuyler/Yates Alcohol Clinic and the Decatur Rainbow Chasers Club; contract subject to the approval of the Schuyler County Attorney. DISCUSSION: Chairman Franzese read a letter from the Village of Watkins Glen regarding their concern of taking another parcel off the tax rolls. Legislator Smith as Chairman of the Mental Health Committee said that the County should try to conform with their request as much as possible with a minimal goal of an in lieu of tax agreement. County Attorney Coleman noted that the County will have to make a final decision on this issue and can decide whether or not to keep it on the tax roll at that time. VOTE: Passed 8-0. RESOLUTION NO. 275 Motion by Young, second by Smith. RE: AUTHORIZE HIRING OF KELLY SERVICES CLERICAL WORKER - MENTAL HEALTH WHEREAS, temporary additional office support staff is essential to continue to maintain coverage at both offices and assist the billing clerk with collections. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Mental Health Clinic be authorized to hire one clerical worker at a rate not to exceed $9.00 per hour through Kelly Temporary Services, 55 Ferris Street, Corning, NY 14830, on an as needed basis, for a cumulative period of time not to exceed three months, effective immediately; contract subject to approval by the Schuyler County Attorney. Funding for such services is available in the 1994 budget account 4310.435. ---PAGE BREAK--- VOTE: Passed 7-1. No: Hastings. RESOLUTION NO. 276 Motion by Smith, second by Halpin. RE: MEMORANDUM OF UNDERSTANDING - RSVP - 1994 - MENTAL HEALTH BE IT RESOLVED, that the Chairman of this Legislature, be and hereby is, authorized to execute a Memorandum of Understanding with RSVP in an amount not to exceed $500.00 for services to the Schuyler County Community Services Board for the year 1994, effective immediately; said Memorandum subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 277 Motion by Smith, second by Halpin. RE: MODEL EARLY INTERVENTION SERVICE PROJECT WHEREAS, the State of New York Department of Health has agreed to fund $50,000 for a Model Early intervention Service Project to the Schuyler County Home Health Agency in collaboration with Schuyler ARC and the Schuyler County Child Care Coordinating Council, and WHEREAS, the Schuyler County Home Health Agency will be the lead agency in this endeavor. A total sum of $15,350 has been assigned to the agency to cover personnel services for the purpose of overseeing the grant, reporting the progress and revising the workscope as needed, and WHEREAS, Schuyler ARC will subcontract with the Home Health Agency for a sum of $21,950 of the grant money to establish an Early Intervention Evaluation Team within Schuyler County and increase available family support services, and WHEREAS, the Schuyler County Child Care Coordinating Council will subcontract with Schuyler County Home Health Agency for the sum of $12,700 of the grant money to expand service delivery in natural settings, and WHEREAS, there is presently no Early Intervention Evaluation team within Schuyler County, and WHEREAS, the Early Intervention Law mandates service delivery within natural settings, and WHEREAS, the need exists to support the families of children with disabilities in Schuyler County. ---PAGE BREAK--- NOW THEREFORE BE IT RESOLVED, that the Schuyler County Legislature on behalf of the Home Health Agency, be and hereby is, authorized to enter into a contract with the New York State Department of Health as referenced above for the period of July 1, 1994 - June 30, 1995 with the expenses reimbursed by the State not to exceed $50,000; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature on behalf of the Home Health Agency be further authorized to enter into subcontracts with Schuyler ARC and Schuyler County Child Care Coordinating Council for the purposes of providing components of the services, coordinating the grant activities for the above stated period; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 278 Motion by Smith, second by Halpin. RE: INTRODUCTION OF LOCAL LAW INTRO. NO. 2, LOCAL LAW NO. 4 OF THE YEAR 1994 WHEREAS, County Law Section 214(2) requires that a true copy of each local law be published in the official newspaper at least once a week for two successive week, and WHEREAS, this requirement has become costly for the county, and WHEREAS, it is the recommendation of the Administrative Committee that the County could better serve the public by publishing a summary and making copies available to anyone wishing a complete text of a local law. NOW, THEREFORE, BE IT RESOLVED, that proposed Local Law Intro. No. 2/Local Law No. 4 of the year 1994 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 schedule a public hearing to be held August 8, 1994 at 7:00 p.m. at the Watkins Glen High School Cafeteria, Twelfth Street, Watkins Glen, NY to hear comments from individuals regarding the adoption of Local Law No. 4, 1994. LOCAL LAW INTRO. NO 2/LOCAL LAW NO. 4 OF THE YEAR 1994 A local law superseding County Law Section 214(2) regarding publication of local laws. Section 1. Purpose and Intent The County Legislature of the County of Schuyler intends by this Local Law to supersede the provisions of County Law Section 214(2), which requires that a true copy of each Local Law be published in the official newspaper at least once a week for two successive ---PAGE BREAK--- weeks. In order to reduce cost, this Legislature desires that the publication of the full text of each Local Law be discontinued, and replaced with only that detail necessary to insure that the public remains fully informed. This Local Law is adopted pursuant to Article IX of the Constitution of the State of New York, as interpreted in 92 Opinions of the Attorney General 1, and elsewhere. Section 2. Publication Requirements Upon the adoption of each Local Law of the County of Schuyler, the Clerk of the Legislature shall cause the publication once in the official newspapers of the County of the notice of the adoption of said Local Law and an abstract of the provisions thereof. Said notice shall include the location and availability of a copy of the actual text of each Local Law. This publication shall be in lieu of that required by County Law Section 214(2), which is hereby expressly superseded by this Local Law. Section 3. Effective Date This Local Law shall take effect immediately. VOTE: Passed 8-0. RESOLUTION NO. 279A Motion by Karius, second by Young. RE: AMEND RESOLUTION NO. 279 BE IT RESOLVED, that Resolution No. 279 be amended by the addition of the following "Be It Further Resolved" clause: BE IT FURTHER RESOLVED, that if upon the expiration of the statutory term there is a county administrator/manager in place, the duties of the County Auditor will be jointly reviewed by the county administrator/manager and Legislature with a view toward any adjustments desired before the position is re-appointed." DISCUSSION: Legislator Smith asked if this appointment included a salary. Chairman Franzese said no, however a stipend was discussed in Committee. She advised that the Deputy Clerk has offered to take the appointment without a stipend, however felt the County should look at this issue again in the future. Legislator Smith then questioned why it is being done now when it could possibly be a duty of the county manager position which the county is investigating. County Treasurer Peters said she had checked with Audit & Control and they felt that the auditor responsibilities could be a conflict under the county manager since he/she will be overseeing so much of county business and policy. After other concerns raised about the county manager doing this work, the Chairman conferred with the County Attorney and presented an amendment. VOTE: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 279B Motion by Fitzsimmons, second by Hastings. RE: AMEND RESOLUTION NO. 279 BE IT RESOLVED, that the second "Be It Further Resolved" clause in Resolution No. 279 be amended to read as follows: BE IT FURTHER RESOLVED, the County Auditor shall have the responsibility and duty to establish the policies and procedures necessary to streamline the audit and authorization for payment of bills subject always to the statutory supervision of the Legislature, and". VOTE: Passed 8-0. RESOLUTION NO. 279 Motion by Halpin, second by Burnside. RE: CREATE AND FILL POSITION OF COUNTY AUDITOR - COUNTY LAW S.600 - AS AMENDED WHEREAS, the office of County Auditor would streamline the County's payment procedures, and WHEREAS, the prompt payment of bills would enable the County to take advantage of discounts and as a result, save the County money, and WHEREAS, the audit function of the County would be enhanced by the more frequent payment of bills, and WHEREAS, it is recommended in the Report of Examination from the Office of the State Comptroller that the County consider such an appointment for the above-mentioned purposes. NOW, THEREFORE, BE IT RESOLVED, that the position of County Auditor be, and hereby is, authorized and created, and BE IT FURTHER RESOLVED, that this Legislature appoints Gail M. Willis to said position for the term 7/12/94-12/31/95, said term to coincide with that of the Legislators, and BE IT FURTHER RESOLVED, the County Auditor shall have the responsibility and duty to establish the policies and procedures necessary to streamline the audit and authorization for payment of bills subject always to the statutory supervision of the Legislature, and ---PAGE BREAK--- BE IT FURTHER RESOLVED, that the position of County Auditor shall have the statutory duties, responsibilities and powers, including those listed in the job description, as submitted to the Personnel Director and the Civil Service Commission, and BE IT FURTHER RESOLVED, that all bills from all County Departments shall be audited and approved by said County Auditor, prior to any payment being made, and BE IT FURTHER RESOLVED, that if upon the expiration of the statutory term there is a county administrator/manager in place, the duties of the County Auditor will be jointly reviewed by the county administrator/manager and Legislature with a view toward any adjustments desired before the position is re-appointed. VOTE: Passed 8-0. RESOLUTION NO. 280 Motion by Halpin, second by Burnside. RE: ADOPT MANAGEMENT LEVEL SALARY PLAN AS AMENDED WHEREAS, the Administrative Committee has continued work on the Management Level Salary Plan, and WHEREAS, it is that committee's recommendation that the Plan be approved as amended. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby adopt the Management Level Salary Plan, dated July 1, 1994, which is amended from the plan dated November 19, 1993. VOTE: Passed 8-0. RESOLUTION NO. 281 Motion by Halpin, second by Burnside. RE: AUTHORIZE PAYMENT OF EMPLOYEE COUNSELING AND TRANSFER FUNDS WHEREAS, Res. No. 115-93 authorizes payment by Schuyler County for counseling services for employees between October 15, 1992 and December 31, 1993 not covered by Workers Compensation, health insurance claims, or other sources of funding made available. NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the transfer of $3,000.00 from Contingency acct. no. 1990 to Judgments and Claims acct. no. 1930.400 for immediate payment of all such claims as verified to be eligible for payment by the Personnel Director and in accordance with Res. No. 115-93. VOTE: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 282 Motion by Burnside, second by Halpin. RE: LEASE AGREEMENT EXTENSION - 966E LOADER WITH CAT FINANCE - HIGHWAY WHEREAS, the Schuyler County Highway Department had a twelve month lease extension for one 966E Loader, per Resolution No. 192-5/10/93, and WHEREAS, an additional twelve (12) month lease is requested by the Schuyler County Highway Superintendent at a rate of $2,768.00, and is available through CAT Finance, with monies being available in the Highway budget. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to enter into a lease agreement with CAT Finance for a term of (12) months for the lease of said 966E CAT Loader at the rate of $2,768.00 per month; said lease agreement has been approved by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 283 Motion by Burnside, second by Halpin. RE: ACCEPT PROPOSAL FOR DEFERRED COMPENSATION PLAN WHEREAS, the Deferred Compensation Committee received proposals for the administration and funding of a New York Deferred Compensation Plan from five different companies, and WHEREAS, all proposals were reviewed and evaluated, and WHEREAS, the Deferred Compensation Committee recommends that PEBSCO of New York be the County's Deferred Compensation Plan Administrators. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature direct the Chairman of the Legislature to enter into a contract with PEBSCO of New York to administer the Deferred Compensation Plan for Schuyler County; subject to approval by the Schuyler County Attorney. DISCUSSION: Chairman Franzese thanked all the members of the Deferred Compensation Committee for their service in researching all the proposals. VOTE: Passed 8-0. RESOLUTION NO. 284 Motion by Burnside, second by Halpin. RE: RESTORATION OF THE FINGER LAKES AQUATIC VEGETATION CONTROL PROGRAM "AID TO LOCALITIES FUNDS" ---PAGE BREAK--- WHEREAS, the State of New York has passed its budget for the 1994-1995 fiscal year, and WHEREAS, the aforementioned budget did not include any new monies to continue the Finger Lakes Aquatic Vegetation Control Program, and WHEREAS, the Finger Lakes Aquatic Vegetation Control Program is the only program to control nuisance aquatic vegetation in a significant portion of New York State, and WHEREAS, Schuyler County utilizes those funds allocated to the Finger Lakes Aquatic Vegetation Program to maintain and enhance the quality of water on three lakes for the enjoyment of the people of New York State, and WHEREAS, without the allocation of State funds this program will cease to operate in Schuyler County, and WHEREAS, the loss of this program will result in the loss of jobs, the loss of tourism and a decrease in the value of the properties surrounding these lakes. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the funding of the Finger Lakes Aquatic Vegetation Control Program by means of the New York State budget, and BE IT FURTHER RESOLVED, that any supplemental budget of the State of New York should include sufficient monies to maintain and enhance this program, and BE IT FURTHER RESOLVED, the Clerk of this Legislature be directed to send copies of this resolution to all the appropriate officials. VOTE: Passed 8-0. RESOLUTION NO. 285 Motion by Smith, second by Young. RE: AUTHORIZE CONTRACT WITH WILLIAM ALBERN - BUILDING PROJECT WHEREAS, the Clerk of the Works, Paul Burgess, is not extending his contract with the County, and WHEREAS, the building project is in a critical stage of completion which immediately requires these professional services to be rendered. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the Chairman to sign a contract with Mr. William Albern to check the mechanicals on an as-needed basis to be determined by David Lisk and Mr. Albern, and ---PAGE BREAK--- BE IT FURTHER RESOLVED, that the rate to be paid Mr. Albern is $65.00/hour, funding to be taken from the project contingency, and BE IT FURTHER RESOLVED, that said contract will be prepared by Mr. Albern and that the authorization to sign is subject to the approval of the contract by the County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 286 Motion by Smith, second by Young. RE: PERSONNEL ACTIONS FULL-TIME ADMINISTRATIVE POSITIONS - 121 PART-TIME ADMINISTRATIVE POSITIONS - 55 FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4 FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23 APPOINTMENTS: EFFECTIVE NAME TITLE DEPARTMENT DATE SALARY TYPE KAY, Linda L. Community Social Svcs. 6/6/94 12,457 Lbr Svce. Aide S. Reg. Nurse Home Health 7/6/94 20,883 Perm SHANNON, C. Typist Home Health 6/15/94 7.4423 Prov (30 hrs./wk.) PATTERSON, Supervising Mental Health 5/31/94 32,926 Prov Marilyn Social Wkr. NAME TITLE DEPARTMENT DATE TEMPORARY: FORNEY, Judy Account Clerk Social Svcs. 6/6/94 ---PAGE BREAK--- ZEIGLER, Andrew Deputy Sheriff Sheriff Dept. 5/18/94- 8/18/94 REED, Joan E. Corrections Ofcr. Sheriff Dept. 5/26/94- 8/26/94 TRANSFERS: SHAFFER, Karen Caseworker Social Svcs. 6/14/94 RESIGNATIONS: FORNEY, Judy Comm. Svce. Aide Social Svcs. 6/5/94 HORNBY, Donna Sr. Soc. Welf. Ex. Social Svcs. 7/1/94 OSWALD, Lorraine Reg. Prof. Nurse Home Health 7/5/94 MANZANO, Rio Mental Health 3/25/92 (End of contractual relationship) CHUN, Kyung S. Mental Health 2/27/93 (End of contractual relationship) REMOVAL: ZEIGLER, Andrew Deputy Sheriff Sheriff Dept. 5/17/94 SUSPENSION: MURPHY, Patsy Sr. Data Ent. Op. Social Svcs. 6/3/94 (Without pay) RETIREMENT: KING, Shirley Typist Home Health 6/17/94 BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature. VOTE: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 287A Motion by Fitzsimmons, second by Young. RE: AMEND RESOLUTION NO. 287 BE IT RESOLVED, that Resolution No. 287 be amended by the addition of a second "Whereas" clause as follows: WHEREAS, the Schuyler County American Legion and the Schuyler County Veterans of Foreign Wars recommend that a Schuyler County veteran be sought for the position.", and BE IT FURTHER RESOLVED, that Resolution No. 287 be further amended by adding to the end of the "Be It Resolved" clause "until December 31, 1994, and" and adding an second "Be It Resolved" clause, "BE IT FURTHER RESOLVED, that by October 31, 1994 the position will be advertised, candidates and qualifications reviewed and a selection for a trainee for the position made." VOTE: Passed 8-0. RESOLUTION NO. 287 Motion by Smith, second by Young. RE: AUTHORIZE TRANSFER OF FUNDS AND PAYMENT TO STANLEY CLARK AS DIRECTOR OF VETERANS SERVICES - AS AMENDED WHEREAS, Stanley Clark has agreed to continue to serve as Director of Veterans Services for Schuyler County until such time as a qualified candidate is trained to assume the duties of that office, and WHEREAS, the Schuyler County American Legion and the Schuyler County Veterans of Foreign Wars recommend that a Schuyler County veteran be sought for the position. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the transfer of $6,545 from account no. 6510.435 to account no. 6510.100 for the purpose of paying the salary for this position at the agreed upon rate of $13.09 per hour until December 31, 1994, and BE IT FURTHER RESOLVED, that by October 31, 1994 the position will be advertised, candidates and qualifications reviewed and a selection for a trainee for the position made. VOTE: Passed 8-0. RESOLUTION NO. 288 Motion by Halpin, second by Karius. RE: AUTHORIZE TRANSFER OF FUNDS - JUDGMENT & CLAIMS ---PAGE BREAK--- WHEREAS, we are in receipt of a request for payment from National Casualty Company in the amount of $943.38 for defense counsel relative to a claim, and WHEREAS, there are insufficient funds in the Judgment & Claims account no. 1930.400. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the transfer of $800.00 from acct. no. 1990 to acct. no. 1930.400. VOTE: Passed 8-0. RESOLUTION NO. 289 Motion by Halpin, second by Karius. RE: REQUEST FOR ACTUARIAL STUDY OF NEW YORK STATE RETIREMENT SYSTEM AND REIMBURSEMENT OF "INTERCEPTED" FUNDS WHEREAS, the Appellate Court of New York State recently overturned Chapter 210 of the Laws of 1990, which established the projected unit credit (PUC) method of financing the New York State Retirement System, and WHEREAS, this decision will require a return to the aggregate cost method of funding, which will require a resumption of employer contributions, and WHEREAS, the State of New York justified the PUC method of funding through a 1990 actuarial study which indicated that the system with assets of $60 billion was overfunded by $10 billion. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests that the New York State Retirement System undertake an actuarial study of the Retirement System under the Aggregate Cost Method to determine if it will be necessary for municipalities to retroactively pay into the system for the years when no contributions were made, and BE IT FURTHER RESOLVED, that the New York State Legislature take the necessary steps to reimburse all monies taken from local aid under the "intercept" program, and BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Mario Cuomo, State Comptroller H. Carl McCall and our local representatives in the New York State Senate and Assembly, Senator John R. Kuhl, Jr. and Donald Davidsen. VOTE: Passed 8-0. RESOLUTION NO. 290 Motion by Halpin, second by Karius. RE: SUPPORT OF THE EXTENSION OF CHAPTER 413 OF THE LAWS OF 1991 ---PAGE BREAK--- WHEREAS, Chapter 413 of the Laws of 1991 was a major improvement to the local finance law that gave governments much needed flexibility, and WHEREAS, these provisions include the elimination of the need for capital notes, permission to use discount bonds, permission to issue variable rate debt, and to extend methods of credit enhancement, and WHEREAS, these provisions have been utilized by private and public financial institutions and other governments outside New York for many years, and WHEREAS these provisions which are now considered standard financing vehicles and are scheduled to sunset on June 30, 1994 when the loss of the authority to use these financial tools will considerable reduce the flexibility counties have under the current law. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the New York State Legislature to enact legislation that makes permanent Chapter 413 of the laws of 1991 and directs that copies of this resolution be forwarded to the Governor, State Comptroller, Senator Kuhl and Davidsen. VOTE: Passed 8-0. RESOLUTION NO. 291 Motion by Halpin, second by Young. RE: OPPOSITION TO LEGISLATION THAT ALLOWS A REAL PROPERTY TAX EXEMPTION AT TIME OF ACQUISITION WHEREAS, Chapter 546 of the Laws of 1993 granted a religious corporation a retroactive and proportionate refund of real property taxes based upon Section 420 of the Real Property Tax Law nine months after the taxable status date and provided an exception to the general rule that tax exempt status be determined on the basis of ownership as of taxable status date, and WHEREAS, the Governor directed the Division of Equalization and Assessment to develop a legislative proposal that amends current law to allow granting of exemptions to religious corporations at the point of acquisition, and WHEREAS, this exception will lend instability to the local budgeting process and would cause significant administrative problems when determining taxable values for taxing purposes, and WHEREAS, if acquisition took place during the year localities would not have a clear picture of taxable values. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature opposes any legislation that would allow a real property tax exemption upon acquisition and ---PAGE BREAK--- directs that copies of this resolution be forwarded to the Governor, The State Division of Equalization and Assessment, Senator John R. Kuhl, Jr. and Donald Davidsen. VOTE: Passed 8-0. RESOLUTION NO. 292 Motion by Halpin, second by Young. RE: SUPPORT OF THE ACCEPTANCE OF CREDIT CARD PAYMENT FOR FINES, CIVIL PENALTIES, TAXES, FEES, RENT CHARGES OR OTHER AMOUNTS BY COUNTIES AT THEIR OPTION ONLY IF THE MUNICIPALITY CAN CHARGE AN ADMINISTRATIVE FEE TO COVER THE COST OF THE CREDIT CARD TRANSACTION WHEREAS, legislation has been introduced that would allow municipalities the option of accepting credit card payment for fines, civil penalties, taxes, fees, rent charges, or other charges by counties at their option, and WHEREAS, credit cards are a viable alternative to cash or checks for certain transactions, and WHEREAS, if a municipality was to accept credit cards as a method of payment, they must have the flexibility to charge a fee that covers the cost of credit card usage including service fees and administrative costs, and WHEREAS, it is fair and proper for those using a credit card to bear the cost of these additional expenses, instead of absorbing them as general county operating expenses. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports legislation that allows the acceptance of credit cards for certain payments at a county's option and provides that the full cost of accepting this form of payment must be borne by the individuals using the credit card and not by the other taxpayers who pay with cash or check, and BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to Governor Mario Cuomo, Senator William Larkin, Francis Pordum, Senator John R. Kuhl, Jr. and Donald Davidsen. VOTE: Passed 6-2. Noes: Karius & Hastings. RESOLUTION NO. 293 Motion by Halpin, second by Young. RE: AUTHORIZE CHANGE ORDERS GC-9, GC-10 AND GC-11 - CONTRACT WITH MCGUIRE & BENNETT, INC. ---PAGE BREAK--- WHEREAS, the architect is in receipt of contractors' proposal letters dated 11/24/93, 9/21/93 and 5/31/94 relative to winterization costs; additional underpinning costs; and revision of metal door frames and to install an electric strike in both (GC-9, GC-10 and GC-11, respectively), and WHEREAS, the Building Project Committee has reviewed the referenced change orders and recommends authorization thereof as follows: GC-9 Original Contract Sum $ 1,224,000.00 Net Change by Previous Orders 67,377.00 Contract Sum Prior to this Change Order 1,291,377.00 Contract Sum will be Increased by: 40,000.00 New Contract Sum Incl. this Change Order 1,331,377.00 GC-10 Original Contract Sum $ 1,224,000.00 Net Change by Previous Orders 107,377.00 Contract Sum Prior to this Change Order 1,331,377.00 Contract Sum will be Increased by: 4,500.00 New Contract Sum Incl. this Change Order 1,335,877.00 GC-11 Original Contract Sum $ 1,224,000.00 Net Change by Previous Orders 111,877.00 Contract Sum Prior to this Change Order 1,335,877.00 Contract Sum will be Increased by: 684.00 New Contract Sum Incl. this Change Order 1,336,561.00 ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Building Project Committee, this Legislature accepts said Change Orders; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 294 Motion by Young, second by Smith. RE: AUTHORIZE CHANGE ORDER E-1 - CONTRACT WITH DeMUTH ELECTRIC, INC. WHEREAS, the architect is in receipt of electrical contractors' proposal letter dated 6/10/94 to furnish and install all labor and material for additional communication locations, conduit installation for future wiring, phone closet, switches and light installation as indicated on drawings as provided for same, and WHEREAS, the Building Project Committee has reviewed the referenced change order and recommends authorization thereof as follows: E-1 Original Contract Sum $ 106,040.00 Net Change by Previous Orders 0.00 Contract Sum Prior to this Change Order 106,040.00 Contract Sum will be Increased by: 6,510.00 New Contract Sum Incl. this Change Order 112,550.00 NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Building Project Committee, this Legislature accepts said Change Order; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 295 Motion by Young, second by Smith. RE: ACCEPT/REJECT BIDS FOR TELECOMMUNICATIONS SYSTEM WHEREAS, Resolution No. 265-6/13/94 authorized advertisement for bids for digital services with a new PBX for the county office building and new addition, and WHEREAS, said advertisement was done, two bids received, opened and reviewed by the Building Project Committee and Vital Telecommunications. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, based on the recommendation of the Building Project Committee and Vital Telecommunications that the base bid from All Mode Communications, Inc., 1725 Dryden Road, Freeville, NY 13068 in the amount of $128,971.00 be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Rotelcom Network Business Systems, Inc., 180 S. Clinton Avenue, Rochester, NY 14646 in the amount of $93,957.00 be, and hereby is, rejected as it did not conform to the bid specifications. DISCUSSION: Bernie Castner of Vital Telecommunications was present to give a history on the bid procedure. He noted that the low bid was not in compliance. The only other bid provides good equipment although the price is higher. Mr. Castner felt that re- bidding would not bring any significant change and that the county now has the opportunity to get good equipment from a reputable, local company. It was also noted that if the county re-bid, the phone equipment would not be installed in a timely manner so that departments could move into their new offices. VOTE: Passed 8-0. RESOLUTION NO. 296 Motion by Young, second by Smith. RE: AUTHORIZE COUNTY TREASURER TO PAY AUDIT WITHIN FUNDS WHEREAS, the bills have been audited and ordered paid. NOW, THEREFORE, BE IT RESOLVED, that Abstract 6 of 1994, bills numbered as follows: General Fund #2730 - #3139; Capital General Fund #3140 - 3149; County Road Fund #3150 - #3157; Machinery Fund #3158 - #3160, as certified by the Chairman and Clerk of the Schuyler County Legislature, be transmitted to the County Treasurer, and BE IT FURTHER RESOLVED, the County Treasurer is authorized to make direct payment by check of the amounts shown and that the respective accounts be charged the amounts allowed. Summary of Accounts I General Fund Human Services Committee $ 18,063.92 Legislative Committee 962.40 Agriculture/Natural Resource 60,599.25 Finance Committee 28,972.71 ---PAGE BREAK--- Administrative Committee 150,669.62 Corrections, Refor. & Ed. 11,774.71 Co. Clerk/Elections Comm. 2,785.46 Public Health Committee 57,351.21 Mental Health Committee 25,294.66 Public Safety Committee 25,288.28 Assessment/Taxation Comm. 3,003.86 Buildings & Grounds Comm. 10,938.41 Community Development, Planning & Expansion 20,582.72 Highway Committee 93.55 Total General Fund..........$416,380.76 II Capital General Fund Buildings and Grounds Comm. $237,126.88 Community Development, Planning & Expansion Committee $ 363.35 Total Capital General Fund..$237,490.23 III Trust Fund Gazebo Fund $ 00.00 Total Trust 00.00 IV County Road Fund Total County Road 11,194.43 V Machinery Fund ---PAGE BREAK--- Total Machinery 12,066.31 TOTAL AUDIT.....$677,131.73 APPROVED/s/ Angeline B. Franzese APPROVED/s/ Doris J. Craig Chairman Clerk Schuyler County Legislature Schuyler County Legislature VOTE: Passed 8-0. RESOLUTION NO. 297 Motion by Young, second by Smith. RE: AUTHORIZE DISSOLUTION OF SOLID WASTE MANAGEMENT TASK FORCE AND OFFER GRATITUDE TO MEMBERS FOR SERVICE WHEREAS, Resolution No. 237 of June 13, 1989 established the Schuyler County Solid Waste Task Force to provide advice and guidance to the County Legislature and Planning Department in their formulation and implementation of a Solid Waste Management Plan meeting State requirements, and WHEREAS, the County's Solid Waste Management Plan and the original charge of the Solid Waste Management Task Force has been completed, and WHEREAS, it is the unanimous decision of the Solid Waste Management Task Force that the Task Force be dissolved, and WHEREAS, it is the desire of this Legislature to express its sincere thanks to the members of the Solid Waste Management Task Force for their dedication, hard work, expertise and many hours spent serving Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes dissolution of the Solid Waste Management Task Force, and BE IT FURTHER RESOLVED, that this Legislature does hereby thank the members of the Solid Waste Management Task Force for their invaluable service in assisting the County of Schuyler in developing a Solid Waste Management Plan, and BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to each member of the Solid Waste Management Task Force as a token of our appreciation. DISCUSSION: Legislator Fitzsimmons wanted to verbally recognize the thousands of volunteer hours and contributions made by each member of the task force. Chairman Franzese thanked Legislator Fitzsimmons for chairing the task force. ---PAGE BREAK--- VOTE: Passed 8-0. REPORT ON STANDING COMMITTEES: Legislator Hastings asked what the status was on the Administrative Committee's charge of investigating a county manager position. Legislator Halpin noted that she is still lacking input from two legislators. Legislator Hastings said that Tom Brace had met with Senator Kuhl regarding the weedharvester funds. The Soil & Water Conservation Office has been cutting weeds since June 6th. Legislator Hastings advised that the Computer Coordination Committee would be meeting on Thursday to make a recommendation on a computer consultant. Legislator Burnside commended David Lisk, Building Maintenance Supervisor, for his excellent work and many extra hours contributed to the building project. Legislator Young said he has sent a letter to David Kelly, Planning Director asking him to give the county a report of the projects in progress in his office prior to his leaving. Legislator Fitzsimmons announced that the Corrections, Reformation and Education Committee will be meeting with the Public Safety Committee on July 22nd at 10:30 a.m. to discuss the DWI Program. Legislator Fitzsimmons said he met with Kevin Geoghan of the Arts of the Southern Finger Lakes regarding grants for National Endowment of the Arts. This involves a local match of $5,000 per year for two years. He will be asking the Legislature to consider this in the near future and expressed his opinion on the importance of cultural education and tourism. UNFINISHED BUSINESS: None. NEW BUSINESS: Chairman Franzese read, with regret, the letter of resignation from Margaret Jensen, Executive Secretary to the Civil Service Commission/ Personnel Director of Schuyler County. PUBLIC PARTICIPATION - 9:23 P.M.: Nancy Peters commented that she agreed with the importance of cultural education, however the Legislature should keep their eye on the cost of these functions. Public Participation was declared closed at 9:26 p.m. The meeting adjourned at 9:26 p.m. Doris J. Craig, Clerk Gail M. Willis, Deputy Clerk REGULAR MEETING AUGUST 8, 1994 The August 8, 1994 Regular Meeting of the Schuyler County Legislature was called to order at 6:33 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator ---PAGE BREAK--- Smith and followed by a Moment of Silence. ROLL CALL: All Legislators were present, with Legislator Young arriving at 6:42 p.m. Assistant County Attorney Morris was also present. ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese read the one emergency resolution to be brought to the floor tonight by title. PUBLIC PARTICIPATION - 6:35 P.M.: Kevin Geoghan from the Arts of the Southern Finger Lakes expressed his appreciation of the Legislature's support for their grant program. Mr. Geoghan advised that their agency is working to advance the arts and hope to have a new regional program to increase the cultural and economic aspects of the county. Amelia Cornish expressed concern over some programs included in the Solid Waste Management Plan. She also advised there was not a copy of the Plan available in the library for the public to review. Legislator Halpin will check with the Recycling Coordinator on getting a copy of the Plan to the library immediately. Public Participation was closed at 6:40 p.m. RESOLUTION NO. 298 Motion by Hastings, second by Karius. RE: APPROVE APPLICATION FOR REFUND OF TAXES - WHITE - TOWN OF HECTOR 1994 LEVY WHEREAS, the Real Property Tax Director has received an application for a refund of taxes for tax map number 36.-1-16 in the Town of Hector for property owned by Philip and Nenetzin White due to an error in essential fact for the amount of $56.46, and WHEREAS, it is the recommendation of the Real Property Tax Director and the Assessment and Taxation Committee that said application be approved based upon the determination of findings. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute approval of said application, and BE IT FURTHER RESOLVED, that the County Treasurer refund the above mentioned sum to the applicant and debit the Town of their amount of the refund. VOTE: Passed 8-0. RESOLUTION NO. 299 Motion by Hastings, second by Karius. RE: AUTHORIZE NETWORK LAYOUT CONSULTANT FOR COURTHOUSE ADDITION WHEREAS, the County Office Building computer network will be relocating the file server and majority of workstations due to the courthouse addition, and ---PAGE BREAK--- WHEREAS, it is the recommendation of the communications specialist that network cabling be changed from co-axial cable to twisted pair cable, necessitating a change in network topology, and WHEREAS, it is the recommendation of the Assessment and Taxation Committee that the network cabling and design be laid out by a professional. NOW, THEREFORE, BE IT RESOLVED, that the Computer Coordination Committee be authorized to hire a professional consultant for network cabling and design from existing funds in the Central Data Processing account designated for computer consulting in an amount not to exceed $2000.00, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign an agreement for the services as set forth above; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 300 Motion by Hastings, second by Karius. RE: AUTHORIZE HIRING COMPUTER CONSULTANT WHEREAS, the Computer Coordination Committee has interviewed computer consultants and has selected Computing As A Second Language as most suitable of those interviewed, and WHEREAS, it is the recommendation of the Assessment and Taxation committee that the Computer Coordination Committee be authorized to hire Computing As A Second Language on an hourly basis for computer consulting purposes. NOW, THEREFORE, BE IT RESOLVED, that the Computer Coordination Committee be, and hereby is, authorized to hire Computing As A Second Language for the remainder of the year 1994 from existing funds in Central Data Processing for computer consulting at the following rates: $45/hr. - On Site Services $60/hr. - Group Training $70/hr. - Highly Technical Support $75/hr. - High Technical Consultant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign an agreement for the services as set forth above; subject to approval of the Schuyler County Attorney. ---PAGE BREAK--- VOTE: Passed 8-0. RESOLUTION NO. 301 Motion by Hastings, second by Karius. RE: ANNUAL UPDATE OF THE PINS DIVERSION LAW 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 Corrections, Reformation & Education 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 report. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, 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 Planning and Assessment Committees as listed below continue to serve in that capacity. PLANNING COMMITTEE Ronald Alexander, Probation Director Anne Balch, Social Services Commissioner Lola Mitchell, Youth Bureau Director Duane Spilde, Director of Community Services Katherine Disbrow, Schuyler Hospital Alcohol Clinic Director Ruth Helfenstine, Neighborhood Justice Project ASSESSMENT COMMITTEE Alice Quinata, Probation Department John McGuire, Odessa-Montour Central School ---PAGE BREAK--- Ed LoPresti, Odessa-Montour Central School Harriet McCormick, Watkins Glen Middle School Nancy Loughlin, Watkins Glen High School Charles Medalie, Watkins Glen High School Mary Hoover, Department of Social Services Betty Underdown, Cornell Cooperative Extension Barbara Fisher, Bradford Central School Thomas Scherer, Bradford Central School Marilyn Sokira, Bradford Central School Toni Hirtler, Economic Opportunity Program Michelle Gimbar, Mental Health Clinic Gil Weakland, Elmira Center June Schuyler Hospital Alcohol Clinic Kimberly Herrick, Schuyler Hospital Alcohol Clinic Debra Simpson, Neighborhood Justice Project Virginia Beebe, Literacy Volunteers VOTE: Passed 8-0. RESOLUTION NO. 302 Motion by Smith, second by Fitzsimmons. RE: DECLARE VAN SURPLUS - OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging owns a 1986 Chevrolet Van which needs more mechanical work than is feasible. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Human Services Committee, the Schuyler County Legislature has determined that the 1986 Chevrolet Van, Vehicle Identification Number 2GAFG35L7G4122709, at the Office for the Aging is no longer needed for public use, pursuant to Section 215 of County Law and declared surplus, and ---PAGE BREAK--- BE IT FURTHER RESOLVED, that Schuyler County will discontinue the insurance on said vehicle and return the plate to the Department of Motor Vehicle. VOTE: Passed 8-0. RESOLUTION NO. 303 Motion by Smith, second by Fitzsimmons. RE: AUTHORIZE PURCHASE OF ROOM DIVIDERS/CREATE LINE ITEM AND TRANSFER FUNDS - DSS BE IT RESOLVED, that the Department of Social Services be authorized to purchase 5 room dividers for the offices in the new addition at an approximate cost of $109 each and 10 pedestal feet at $10 each, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to establish a new equipment line item in the Department of Social Services budget, account no. 6010.279 for room dividers, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer the following amounts to the appropriate accounts: $129.28 from 6010.250 Overhead Projector to 6010.279 48.26 from 6010.252 Paper Shredder to 6010.279 464.46 from 6010.204 Car to 6010.279 $642.00 TOTAL VOTE: Passed 8-0. RESOLUTION NO. 304 Motion by Smith, second by Fitzsimmons. RE: DECLARE VEHICLE SURPLUS/AUTHORIZE ADVERTISEMENT FOR BIDS - DSS BE IT RESOLVED, upon recommendation of the Human Services Committee, the Schuyler County Legislature has determined that the 1989 Chevrolet Cavalier Station Wagon, Vehicle Identification Number 161JC8117KJ252078 which belongs to the Adult Services Unit of the Department of Social Services, is no longer needed for public use, pursuant to Section 215 of County Law and declared surplus, and BE IT FURTHER RESOLVED, that the Department is hereby authorized to advertise the above surplus vehicle for sale by bid. Bids to be opened September 16, 1994 at 1:30 p.m. at the Human Services Committee meeting. ---PAGE BREAK--- VOTE: Passed 8-0. RESOLUTION NO. 305 Motion by Smith, second by Fitzsimmons. RE: BUDGET AMENDMENT - YOUTH BUREAU WHEREAS, 50 youth instead of the originally scheduled 45 youth will be enrolled in the Summer Youth Employment and Training Program (SYETP). NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to add $7,837 to Youth Bureau account nos. 7310.0187 and 7310.0587. VOTE: Passed 8-0. RESOLUTION NO. 306 Motion by Young, second by Burnside. RE: AMEND YOUTH BUREAU SDPP APPLICATIONS WHEREAS, Schuyler Hospital recently implemented a PCAP (Prenatal Care Assistance Program) program that enrolled 70 clients during the first year of operation, and WHEREAS, 21.4% of infants (less than 1 year old) and children (1-4 years old) in Schuyler County received Special Supplemental Food Program for Women, Infants and Children (WIC) and Supplemental Nutrition Assistance Program (SNAP) in fiscal year 1988 according to the New York State Department of Health, Bureau of Nutrition, and WHEREAS, the New York State Department of Health, Bureau of Production Systems Management, Vital Statistic Section in 1990 revealed that in Schuyler County 11.1% of 15-17 year old mothers and 12% of 18-19 year old mothers received late (began within the last three months of pregnancy) or no prenatal care, and WHEREAS, Schuyler County's teenage pregnancy rate has for the last 10 years been one of the highest in New York State, and WHEREAS, Schuyler County Department of Social Services lists as its number one need for children and youth, the problems of child abuse/neglect and teenage pregnancy, and WHEREAS, the Schuyler County Youth Bureau's application for 1994 funding for New York State Division for Youth (DFY) Special Delinquency Prevention Program (SDPP) has been amended to allocate funds to CASA to fight child abuse and neglect. NOW, THEREFORE, BE IT RESOLVED, that the remainder of the 1994 SDPP funds, $5,583, be allocated to Schuyler Hospital for a HiTops Program for the prevention of teenage pregnancy. VOTE: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 307 Motion by Young, second by Burnside. RE: ADOPT GUIDELINES FOR USE OF THE RURAL URBAN CENTER WHEREAS, it has come to the attention of this Legislature that Rules concerning the use of the Rural Urban Center need revisions to meet the needs of these times. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature establish the attached guidelines for use of the Rural Urban Center, effective immediately upon adoption of the resolution, and to supersede all other established rules. VOTE: Passed 8-0. RESOLUTION NO. 308 Motion by Young, second by Burnside. RE: AUTHORIZATION TO ENTER INTO LICENSE AGREEMENT WITH THE VILLAGE MARINA FOR TEMPORARY USE OF A PORTION OF SENECA HARBOR PARK FOR SEASONAL BOAT STORAGE WHEREAS, the Village Marina provides certain marine recreation and related services within Seneca Harbor Park pursuant to a lease agreement between the County and the Schuyler County Industrial Development Agency, and WHEREAS, the lands available for use by the Village Marina pursuant to said lease are not adequate to meet the seasonal boat storage requirements of marina uses, and WHEREAS, the easterly-most portion of the public parking area in Seneca Harbor Park is rarely used during cold weather. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the granting of a license agreement to the Village Marina for the seasonal storage of boats during the October 15, 1994-June 15, 1995 period wherein the County of Schuyler will receive 10% of revenues and authorizes the Chairman to execute said license agreement; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 309 Motion by Young, second by Burnside. RE: AUTHORIZE ADVERTISEMENT FOR BIDS - CONSTRUCTION OF COUNTY PARKING LOT BE IT RESOLVED, that the Clerk of this Legislature be, and hereby is, authorized to advertise for bids to contract out for parking lot construction in accordance with specifications filed in the Office of the Clerk of the Legislature, Court House, Franklin ---PAGE BREAK--- Street, Watkins Glen, NY or in the office of Peter Demjanec Architect and Associates, 120 Brindley Street, Ithaca, New York, and BE IT FURTHER RESOLVED, bids will be opened at a Special Buildings and Grounds Committee Meeting on September 28, 1994; prospective bidders may attend a tour of the project site with the date, time and place to be included in the specifications. VOTE: Passed 8-0. RESOLUTION NO. 310 Motion by Burnside, second by Smith. RE: AUTHORIZE PURCHASE OF GENERATOR AND TRANSFER OF FUNDS WHEREAS, the Office of Emergency Management provides radio communications for Emergency Services, and WHEREAS, the generator at the Emergency Operations Center is inoperative. WHEREAS, there is $4,000 available toward the purchase of a generator in acct. no. 3689.200 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize the purchase and installation of a new generator at a cost not to exceed $5,500, upon the agreement of the Director of Emergency Management, the Department Head of Buildings and Grounds, and the Sheriff on a new generator that fulfills the needs of all, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer funds for this purchase in the amount of $1,500 from acct. no. 1620.490 to acct. no. 3689.200 to cover the cost of the generator. VOTE: Passed 8-0. RESOLUTION NO. 311 Motion by Burnside, second by Smith. RE: AUTHORIZE COPIER LEASE AGREEMENT - SHERIFF'S DEPARTMENT BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to sign a term lease agreement for a Xerox copier at a cost of $192.76 per month for 36 months for the Sheriff's Department as provided for in the 1994 budget; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 312 Motion by Burnside, second by Smith. ---PAGE BREAK--- RE: DECLARE VEHICLE SURPLUS - SHERIFF'S DEPARTMENT WHEREAS, the Schuyler County Sheriff has seized a 1980 Jeep Wagoneer under the Drug Forfeiture Laws, and WHEREAS, over two years have passed since the seizure and the Sheriff has no use for the vehicle. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Safety Committee, the Schuyler County Legislature has determined that the 1980 Jeep Wagoneer at the Sheriff's Department is no longer needed for public use, pursuant to Section 215 of County Law and declared surplus and sold according to Schuyler County procedures. VOTE: Passed 8-0. RESOLUTION NO. 313 Motion by Burnside, second by Smith. RE: CONTRACT - STEUBEN-ALLEGANY BOCES FOR PRESCHOOL SPECIAL EDUCATION UNDER SECTION 4410 OF THE EDUCATION LAW BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Steuben-Allegany B.O.C.E.S. to provide services to preschool handicapped children placed in its preschool program under Section 4410 of the Education Law from 7/1/94 through 6/30/95, at a rate to be set by the NYS Education Department; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 314 Motion by Young, second by Halpin. RE: CONTRACT RENEWAL - KENNETH F. FIELD FOR PRESCHOOL SPECIAL EDUCATION CONSULTING SERVICES WHEREAS, Kenneth F. Field has been providing preschool special education consulting services to the county at the rate of $3,000 per year since 1989, and WHEREAS, these services include representing the county at CPSE meetings and acting as the Early Intervention Designee at IFSP meetings, and WHEREAS, the time involved in providing these services has increased by at least 50% since 1989, NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Kenneth F. Field for preschool special ---PAGE BREAK--- education consulting services at the rate of $3,600 per year from 8/1/94 through 7/31/95; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 315 Motion by Young, second by Halpin. RE: ADJUST BUDGET FOR $8,000 INCREASE IN IMMUNIZATION GRANT WHEREAS, Schuyler County's Immunization Grant has been increased from $5,000 to $13,000 from January 1, 1994 through December 31, 1994. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget be adjusted as follows: + $552 4010.100-4004 Personnel +$4,500 4010.208-4004 Computer Equipment + $438 4010.400-4004 Contractual Expense + $200 4010.433-4004 Postage +$1,000 4010.440-4004 Travel +$1,310 4010.489-4004 Fringe Benefits +$8,000 TOTAL +$8,000 4010.3401-4004 Grant Revenue VOTE: Passed 8-0. RESOLUTION NO. 316 Motion by Young, second by Halpin. RE: AUTHORIZE HIRING CIVIL SERVICE SECRETARY WITH PERSONNEL DUTIES TRAINEE AND FUND SALARY WHEREAS, it is the recommendation of the Civil Service Commission that a person be hired to work with Margaret Jensen prior to her retirement on August 26, 1994, and WHEREAS, the Administrative Committee is in agreement with this recommendation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve hiring a Civil Service Secretary with personnel duties trainee at the rate of $13.6836 per hour and does authorize the transfer of the necessary amount from ---PAGE BREAK--- Contingency account no. 1990 to account no. 1430.1 to cover the salary for this position as needed. DISCUSSION: Legislator Hastings felt the Civil Service/Personnel Office duties should be re-arranged and urged the Legislature to look at restructuring same. Legislator Halpin felt the arrangement is workable, however there have been, among other things, personnel changes in that office which have made the situation more difficult. It was noted that personnel duties was not indicated in the resolution. Legislator Smith asked why advertisement for the position is being done if the Civil Service Commission ultimately makes the appointment of Executive Secretary. Legislator Halpin advised that although the Civil Service Commission has the authority to hire the Executive Secretary, since the Legislature added personnel duties to the position, the Commission wanted to work cooperatively with the county. Margaret Jensen recommended that the position remain the same with both Civil Service and personnel duties. There was discussion on the duties of that office. MOTION by Young, SECOND by Fitzsimmons to add personnel duties to the title and body of the resolution. The sponsors agreed to the addition. After further discussion, Legislator Young "called for the question". VOTE: Passed 5-3. Noes: Smith, Hastings & Karius. RESOLUTION NO. 317 Motion by Young, second by Halpin. RE: RESOLUTION OF COMMENDATION AND GRATITUDE TO MARGARET A. JENSEN, EXECUTIVE SECRETARY TO CIVIL SERVICE/PERSONNEL DIRECTOR FOR HER VALUED SERVICE TO SCHUYLER COUNTY WHEREAS, Margaret A. Jensen will retire from her position of Executive Secretary to the Civil Service Commission and Personnel Director of Schuyler County, effective August 26, 1994, and WHEREAS, the Schuyler County Legislature, as representative of the County, wants to express its gratitude and the appreciation of the County at large for her dedication and outstanding service. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledges Mrs. Jensen's exceptional commitment to duty, and sincerely thanks her for her extensive and ardent service to Schuyler County. We recognize that she served in three major capacities within the county's administrative structure, two of which were simultaneous. Along with her position of Executive Secretary she was Purchasing Agent for the County for a period of time, and subsequently assumed the role of Personnel Director. During her fifteen-year tenure as Executive Secretary, she performed her duties with such efficiency and distinction that she received favorable audits from the State Department of Civil Service consistently. ---PAGE BREAK--- The Civil Service Commissioners found her to be a competent and complete source of information regarding Civil Service transactions and changes, and they greatly relied on her. She was the liaison between the Commission and the Legislature and provided valuable information to the Legislature to assist in the decision-making process. Peg held numerous meetings with department personnel, town and village boards, and school officials, frequently on her own time, to enhance their understanding and utilization of Civil Service laws and procedures. She received high marks in the area of public relations! In spite of her very busy schedule, her door was always open to individual employees to discuss Civil Service matters pertaining to their respective situations. She faithfully arranged and administered Civil Service tests, including continuous recruitment exams. Her enduring goal was to provide the County with the best qualified candidates for vacant positions. As Purchasing Agent, Peg reduced expenditures for county departments (and ultimately for taxpayers) through wise purchasing practices, and accurate accounting measures. She accepted the the many-faceted duties of Personnel Director with her usual zeal. Peg demonstrated her customary energy and enthusiasm in assimilating the duties and responsibilities of this new venture. As a representative of a sympathetic community, Mrs. Jensen ministered to grieving families, following the heart-rending tragedy in our County. We are also grateful for this labor of love. BE IT FURTHER RESOLVED, that this Legislature conveys its gratitude to Mrs. Jensen for the extent of her devotion, which frequently exceeded any requirements of duty, and for her myriad accomplishments in the service of Schuyler County. The Legislature also joins the chorus of others in wishing that you have a happy and fulfilling retirement, Peg. Although your uplifting presence and contribution to County government will be greatly missed, we are pleased that your retirement will provide more leisure time, permit you to pursue other interests, and enable you to spend more quality time with family members, especially Bob. We wish you Godspeed! VOTE: Passed 8-0. PUBLIC HEARING - LOCAL LAW NO. 4 OF THE YEAR 1994 - 7:29 P.M.: There was no public comment and the meeting continued with the agenda at 7:31 p.m. ---PAGE BREAK--- RESOLUTION NO. 318 Motion by Halpin, second by Smith. RE: AUTHORIZE TRANSFER OF FUNDS - COUNTY CLERK WHEREAS, the Schuyler County Clerk has $500.00 in account no. 1410.202 for the purchase of an air conditioner and it is not necessary to purchase one at this time, and WHEREAS, the Schuyler County Clerk is in need of a drum for the copy machine and there are insufficient funds in account no. 1410.426-maintenance of equipment. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $500 from County Clerk account no. 1410.202 to account no. 1410.426 for the above-referenced purchase. VOTE: Passed 8-0. RESOLUTION NO. 319 Motion by Halpin, second by Smith. RE: AUTHORIZE AGREEMENT WITH THE TOWNS FOR MICROFILM PROJECT WHEREAS, the County has heretofore applied for and been awarded grant funds for the cooperative microfilm project within the County and the Towns of Cayuta, Dix, Orange and Reading. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign agreements relative to the Local Government Records Management Improvement Fund microfilm project with the aforementioned towns; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 320 Motion by Halpin, second by Smith. RE: AUTHORIZE CONTRACT WITH NYSID - RECORDS MANAGEMENT WHEREAS, the County has received grant funds from the Local Government Records Management Improvement Fund for a cooperative microfilm project within the County and participating towns, and WHEREAS, Steuben ARC will be providing microfilm services for the project at $.03 per image, as a preferred source under the auspices of New York State Industries for the Disabled (NYSID). NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign a one-year contract with NYSID for microfilm services ---PAGE BREAK--- through Steuben ARC for the microfilm project during the 1994-95 grant cycle; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 321 Motion by Halpin, second by Smith. RE: LOCAL LAW NO. 4 OF THE YEAR 1994 WHEREAS, a proposed Local Law superseding County Law Section 214(2) regarding publication of Local Laws was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held on August 8, 1994 considering its adoption, 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 said Local Law, a true copy of which is annexed hereto, be and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law No. 4 of the year 1994 together with the full text thereof in the official county newspaper as required by law. LOCAL LAW NO. 4 OF THE YEAR 1994 A Local Law superseding County Law Section 214(2) regarding publication of local laws. Section 1. Purpose and Intent The County Legislature of the County of Schuyler intends by this Local Law to supersede the provisions of County Law Section 214(2), which requires that a true copy of each Local Law be published in the official newspaper at least once a week for two successive weeks. In order to reduce cost, this Legislature desires that the publication of the full text of each Local Law be discontinued, and replaced with only that detail necessary to insure that the public remains fully informed. This Local Law is adopted pursuant to Article IX of the Constitution of the State of New York, as interpreted in 92 Opinions of the Attorney General 1, and elsewhere. Section 2. Publication Requirements Upon the adoption of each Local Law of the County of Schuyler, the Clerk of the Legislature shall cause the publication once in the official newspapers of the County of the notice of the adoption of said Local Law and an abstract of the provisions thereof. ---PAGE BREAK--- Said notice shall include the location and availability of a copy of the actual text of each Local Law. This publication shall be in lieu of that required by County Law Section 214(2), which is hereby expressly superseded by this Local Law. Section 3. Effective Date This Local Law shall take effect immediately. VOTE: Passed 7-1. No: Hastings. RESOLUTION NO. 322 Motion by Smith, second by Young. RE: AUTHORIZE CHAIRMAN OF THE LEGISLATURE TO SIGN RECORDS MANAGEMENT GRANT ACCEPTANCE FORM AND ALL RELATIVE REPORTS BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign the LGRMIF grant acceptance forms, retroactive to July 1, 1994, and all related form(s)/reports, subject, if necessary to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to increase appropriations and estimated revenues in the amount of $83,094 for the Cooperative Grant and $42,874 for the Individual Storage Grant. VOTE: Passed 8-0. RESOLUTION NO. 323 Motion by Smith, second by Young. RE: AUTHORIZE PURCHASE OF CHAIR/TRANSFER OF FUNDS - CIVIL SERVICE WHEREAS, the present Executive Secretary/Personnel Director has submitted her resignation, and WHEREAS, the secretarial chair in that office is her personal chair. NOW, THEREFORE, BE IT RESOLVED, that the Civil Service/ Personnel Office be authorized to purchase a new chair in the amount of $139.00, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $139.00 from Civil Service account no. 1430.429-Medical Supplies to account no. 1430.200-Equipment. VOTE: Passed 8-0. RESOLUTION NO. 324 Motion by Smith, second by Young. ---PAGE BREAK--- RE: FILL STAFF SOCIAL WORKER POSITION - MENTAL HEALTH WHEREAS, a vacancy exists in a Staff Social Worker position at the Schuyler County Mental Health Clinic, and WHEREAS, the funding for this position is supported by State Aid and Revenues and represents no cost to the County, and WHEREAS, Resolution #366-85 requires legislative approval to fill a position which has been vacant more than 90 days. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of Community Services to advertise and fill such position, Grade XXVIII, salary of $25,874 for 1994, effective immediately. It is understood that this position will continue as long as the 100% State funding continues. DISCUSSION: Legislator Burnside felt that if the position was of no cost to the county, then the wording "increase in" was not necessary. The sponsors agreed to eliminate the words "increase in". VOTE: Passed 8-0. RESOLUTION NO. 325 Motion by Smith, second by Young. RE: SCHUYLER COUNTY MENTAL HEALTH ASSOCIATION - MENTAL HEALTH WHEREAS, there is an ongoing need to provide prevention, education and advocacy programs in Schuyler County, and WHEREAS, the Schuyler County Community Services Board, at its July 20th meeting passed a motion to support the development of this agreement, and WHEREAS, funding is available through NYS Office of Mental Health to support prevention, education and advocacy activities in the County, with no cost to the County. NOW, THEREFORE, BE IT RESOLVED, this Legislature hereby authorizes the Chairman of the Legislature to execute an agreement with the Schuyler County Mental Health Association for the provision of prevention, education and advocacy programs in Schuyler County in an amount not to exceed $5,000.00 effective immediately until December 31, 1994; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to create an account number 4322.360 for this contract agency and transfer $5,000.00 from account no. 4310.100 to fund the new account. ---PAGE BREAK--- DISCUSSION: Legislator Halpin said, since this is a new contract agency, she would like a report at the end of the year to see how the programs are working out. She would like this to be done on the next resolution also. All Legislators were in consensus and the Chairman of the Legislature was directed to write a letter to both agencies requesting them to participate in the year end annual report process reporting on their projects. Both letters to be copied to Duane Spilde. VOTE: Passed 8-0. RESOLUTION NO. 326 Motion by Young, second by Burnside. RE: SCHUYLER COUNTY CHILD ABUSE TASK FORCE AGREEMENT - MENTAL HEALTH WHEREAS, there is an ongoing need to promote child, youth and family mental health through prevention and education programs supporting awareness of abuse in Schuyler County, and WHEREAS, the Schuyler County Community Services Board at its July 20th meeting passed a motion to support the development of this agreement, and WHEREAS, funding is available through NYS Office of Mental Health to support prevention, consultation and education activities in the County, with no cost to the County. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Chairman of the Legislature to execute an agreement with the Schuyler County Child Abuse Task Force, Inc. to promote child, youth and family mental health through prevention and education program supporting awareness of abuse in Schuyler County in an amount not to exceed $5,000 for 1994, effective immediately; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to create an account number 4322.359 for this contract agency and transfer $5,000.00 from account no. 4310.100 to fund the new account. VOTE: Passed 8-0. RESOLUTION NO. 327 Motion by Young, second by Burnside. RE: PERSONNEL ACTIONS FULL-TIME ADMINISTRATIVE POSITIONS - 121 PART-TIME ADMINISTRATIVE POSITIONS - 55 ---PAGE BREAK--- FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4 FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23 APPOINTMENTS: EFFECTIVE NAME TITLE DEPARTMENT DATE SALARY TYPE POTTER, Beverly Typist Social Svcs. 6/14/94 13,545 Perm LAUGHLIN, S. Payroll Clerk Treasurer 7/11/94 15,609 Perm DRUMHELLER, Staff Social Mental Health 7/1/94 25,874 Perm David Worker GIMBAR, Michele Staff Social Mental Health 7/18/94 25,874 Perm Worker FOLNSBEE, Soc. Welfare Social Svcs. 7/18/94 16,641 Perm Bonnie Examiner PALADINO, G. Meal Deliv. OFA 7/11/94 6.8183 Lbr SPIEGEL, Data Entry Mental Health 7/25/94 14,921 Prov Christi Mach. Operator WHITNEY, Nancy Staff Social Mental Health 7/5/94 25,874 Prov NELSON, Susan Sr. Social Social Svcs. 7/4/94 17,945 Prov Welf. Examiner Prom NAME TITLE DEPARTMENT DATE TEMPORARY: CROUT, Steven C. Laborer Highway 7/5/94 STARK, Sheral Youth Employment Youth Bureau 6/30/94- ---PAGE BREAK--- Training Coord. 8/31/94 HAGADORN, Thomas Laborer Highway 7/6/94 REKCZIS, William Laborer Highway 7/19/94 LEAVES OF ABSENCE: GIMBAR, Michele Staff Social Mental Health 7/7/94- (Maternity) Worker 10/94 MURPHY, Patsy Sr. Data Entry Social Svcs. Extended Operator to 9/6/94 O'KANE, Richard Motor Equip. Opr. Highway 7/4/94 (Return from Worker's Comp.) OTHER: STRONG, Linda L. Records Manager County Clerk 7/1/94 (Change in salary to $8.4967/Hr.) RESIGNATIONS: BARRON, Diana Data Entry Operat. Mental Health 7/8/94 REMOVAL: AMEIGH, Lee Meal Deliverer OFA 6/24/94 BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature. VOTE: Passed 7-1. No: Hastings. RESOLUTION NO. 328 Motion by Young, second by Burnside. RE: SET HOME HEALTH AGENCY RATE FOR MEDICAL SOCIAL WORKER VISITS WHEREAS, the Home Health Agency has recently contracted for social worker services for the first time in several years, and ---PAGE BREAK--- WHEREAS, the Home Health Agency maximizes its reimbursement rates from Medicare and Medicaid when the visit rates it charges exceed the cost of the visits, and WHEREAS, people who do not have Medicare or Medicaid and who cannot afford the Home Health Agency rates can apply for reduced fees based on their income. NOW, THEREFORE, BE IT RESOLVED, that the Home Health Agency set a rate of $85 per visit for Medical Social Worker services. VOTE: Passed 7-1. No: Hastings. RESOLUTION NO. 329 Motion by Young, second by Burnside. RE: ADVERTISE FOR BIDS FOR PRESSURE TREATED TIMBERS WHEREAS, Resolution No. 138-94 authorized advertisement for pressure treated timbers for the Seneca Harbor Park seawall project, and WHEREAS, said advertisement was made and one bid received but the work was unable to be done until August, and WHEREAS, the Buildings & Grounds Committee recommends re-advertising for bids on this product. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does approve the Purchasing Division advertising for competitive bids for pressure treated timbers, and BE IT FURTHER RESOLVED, that the bids shall be accepted until 5:00 p.m. on Thursday, August 25, 1994, and opened at the Buildings & Grounds Committee meeting at 9:00 a.m. on Friday, August 26, 1994 in the Civil Defense Conference Room. VOTE: Passed 8-0. RESOLUTION NO. 330 Motion by Young, second by Smith. RE: ADOPTION OF SCHUYLER COUNTY SOLID WASTE MANAGEMENT PLAN WHEREAS, the Schuyler County Solid Waste Management Task force and the Schuyler County Department of Planning and Economic Development have prepared an integrated solid waste management plan, and WHEREAS, the Schuyler County Department of Planning and Economic Development's intent is to develop a viable solution to its solid waste management needs by preparing the Plan in accordance with the provisions of ECL 27-0107. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the integrated solid waste management plan prepared by the Schuyler County Department of Planning and Economic Development and the Solid Waste Management Task Force dated August 8, 1994 and entitled "Solid Waste Management Plan for Schuyler County", and will implement such solid waste management programs, projects and plans as identified in the recommendation of said plan as the local integrated solid waste management plan in effect for the County, and BE IT FURTHER RESOLVED, that the Schuyler County Recycling/Solid Waste Coordinator will provide the NYS Department of Environmental Conservation with reports displaying compliance with the action items and schedules contained in the plan no later than March 1, 1995 and no later than March 1st every two years thereafter, and BE IT FURTHER RESOLVED, that the Recycling/Solid Waste Coordinator will submit modifications to the plan to the NYS Department of Environmental Conservation for approval whenever there is a revision to the Department approval plan which is initiated by the Department of Planning and Economic Development, or by request of the Department, due to a significant solid waste issue that was not identified at the time of plan approval, and BE IT FURTHER RESOLVED, that the Recycling/Solid Waste Coordinator will submit updates to the plan to the NYS Department of Environmental Conservation every two years in accordance with the provisions of the Department approval and will update the Comprehensive Recycling Analysis Report every three years with the provision of the Department approval. VOTE: Passed 8-0. RESOLUTION NO. 331 Motion by Young, second by Smith. RE: FINGER IMAGING OF HOME RELIEF RECIPIENTS WHEREAS, the New York State Legislature has passed legislation requiring 12 counties to implement a finger imaging program for Home Relief recipients at 100% state funding, and WHEREAS, New York State Department of Social Services Commissioner has the authority to approve the implementation of finger imaging programs in the remaining districts at the normal reimbursement rate of 50% state, 50% local, and WHEREAS, New York State Department of Social Services plans to issue one statewide request for proposals for the implementation of the 12 mandated counties' project by mid- August that could be expanded to include other interested counties, and ---PAGE BREAK--- WHEREAS, while finger imaging welfare clients is controversial, the purpose is to deter fraud by identifying clients who are receiving home relief benefits to which they are not entitled using up-to-date technology, and WHEREAS, the more counties that are involved in the project the larger the data base for comparisons will be and the lower the implementation cost should be, and WHEREAS, counties who do not implement finger imaging at this time may leave themselves vulnerable to increased fraudulent behavior. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does endorse the concept of finger imaging of home relief recipients for the purpose of deterring welfare fraud as long as the process is conducted in a manner that does not demean or deter eligible recipients from applying, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to send a letter to New York State Department of Social Services' Commissioner, Michael Dowling, requesting that Schuyler County be included in the RFP for the finger imaging project at the 50% state, 50% local funding level with the understanding that inclusion at this time does not totally commit the County to implement if the cost, as determined by the response to the RFP, exceeds $5,000, $2,500 to be the local share, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature will support NYSAC's lobbying efforts to expand 100% funding of this program for all counties. VOTE: Passed 8-0. RESOLUTION NO. 332 Motion by Young, second by Smith. RE: REQUEST TO DELAY CONGRESSIONAL VOTE ON GATT WHEREAS, the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) mandates the replacement of GATT with a now international trade organization to be called the World Trade Organization (WTO) which will exist as an international body to govern world trade without democratic process or representation, and WHEREAS, the Uruguay Round of the General Agreement on Tariffs and Trade additionally mandates that the United State Federal Government must bring all state and local laws and regulations setting standards above the federal level into conformance with the federal level, and WHEREAS, state and local laws and regulations which are not brought into conformance with equivalent federal standards may be regarded as "technical barriers to trade", and WHEREAS, disputes concerning state and local laws which are challenged by foreign governments or multinational corporations as technical barriers to trade will be resolved ---PAGE BREAK--- by a dispute resolution panel consisting of three people which will meet in secret in Geneva, Switzerland as part of the newly created WTO, without requirement for public hearings or public testimony and before which state and local governments will have no legal standing even though their laws are being challenged, and WHEREAS, this pre-emption of the authority of local legislatures to govern themselves in a democratic way UNDERMINES THE PRINCIPLE OF LOCAL DEMOCRATIC GOVERNMENT, upon which the federal system of government in the United State is based, and WHEREAS, in summary, GATT may represent a flawed policy for the development of the U.S. economy and severely limit state and local governments ability to pass legislation to develop and prosper their own economies and to protect their consumers and their environment, NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby request the U.S. Senators and Congressmen representative of the State of New York to, at a minimum, delay the vote on GATT in the Congress of the United States until a free and open public debate is held on the issues, and BE IT FURTHER RESOLVED, that the Legislature expresses its deep concerns to President Clinton as he formulates economic policies for his administration, about the future of workers' jobs and farmers' incomes in New York State and across America, and BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to the entire congressional delegation from New York State, the House and Senate Majority and Minority Leaders. DISCUSSION: Legislator Smith stated he would be abstaining as he felt an international effort such as this is not the county's business. Legislator Hastings advised she, too, would be abstaining, since she was not sure of all the ramifications towards the farmers. VOTE: Passed 6-0. Abstentions: Smith & Hastings. RESOLUTION NO. 333 Motion by Young, second by Smith. RE: APPOINTMENT TEMPORARY CLERICAL HELP - COUNTY CLERK WHEREAS, the Motor Vehicle Supervisor and a Motor Vehicle Clerk in the Schuyler County Clerk's office, will be on medical leave of absence in September, possibly for several weeks, and WHEREAS, the County Clerk's office needs temporary help to carry out the duties of the office until such time as these employees are able to return to work. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Schuyler County Clerk to hire temporary clerical help as needed and to terminate upon the return of these two employees or in accordance with the Civil Service Rules, and BE IT FURTHER RESOLVED, that the salary for this temporary clerical help will be funded from the County Clerk's Personnel account no. 1410.100 and the cost will not exceed $10.00 per hour. VOTE: Passed 8-0. RESOLUTION NO. 334 Motion by Smith, second by Young. RE: YOUTH BUREAU DIRECTOR DESIGNATED RUNAWAY & HOMELESS YOUTH PROGRAM COORDINATOR WHEREAS, in order to access New York State Division for Youth (DFY) Runaway & Homeless Youth Act (RHYA) funds a RHYA Coordinator must be appointed, and WHEREAS, DFY recommends that the Coordinator be employed by the County Youth Bureau, and WHEREAS, the present Schuyler County Youth Bureau Director served in that capacity for several years, and WHEREAS, extra monies presently exist in the DFY administrative account (94440010B001) for 1994 for Schuyler County, and WHEREAS, extra monies presently exist in the County's RHYA account (7310.0562) for 1994. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau Director be appointed as the Schuyler County RHYA Coordinator as part of the position as Schuyler County Youth Bureau Director, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign all the necessary County and State documents for this appointment. VOTE: Passed 8-0. RESOLUTION NO. 335 Motion by Smith, second by Young. RE: SET SPECIAL MEETING DATE BE IT RESOLVED, that a Special Meeting of the Schuyler County Legislature be held on the 1st day of September, 1994 at 3:00 p.m. in the Civil Defense Conference Room in ---PAGE BREAK--- the basement of the Sheriff's Department, Tenth Street, Watkins Glen, NY for the sole purpose of reviewing purchase offers on tax auction properties. VOTE: Passed 8-0. RESOLUTION NO. 336 Motion by Smith, second by Young. RE: AUTHORIZE APPLICATION FOR APPALACHIAN REGIONAL COMMISSION FUNDING WHEREAS, Schuyler County along with various units of government within the county have been meeting to discuss the possibility of the county acquiring a professional staff person to act as a coordinator of efforts within our Planning Office to improve the management efficiency of each unit of local government and cooperation between governments, and WHEREAS, there is an Appalachian Regional Commission grant available to assist in funding this study. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute the grant application for Appalachian Regional Commission grant funds. DISCUSSION: There were concerns raised over the duties and type of position being promoted. It was noted that there would be a meeting with William Hess on this Wednesday at 10:00 a.m. VOTE: Passed 5-3. Noes: Hastings, Karius & Franzese. RESOLUTION NO. 337 Motion by Smith, second by Young. RE: AMEND MANAGEMENT LEVEL SALARY PLAN WHEREAS, the Administrative Committee has continued work on the Management Level Salary Plan, and WHEREAS, it is that committee's recommendation that the Plan be amended by the addition of the attached information. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby amend the Management Level Salary Plan, dated July 1, 1994, as recommended by the Administrative Committee and that these additions shall be distributed as an addendum until such time as the plan is reprinted. 1. ADD TO PAGE 22: ---PAGE BREAK--- DIRECTOR OF VETERANS SERVICES B 2. ADD TO COMPENSATION UPON REALLOCATION - PAGE 3: The criteria to be used in setting the salary of an employee allocated upward shall be as follow: From union status to Management: Minimum for grade or minimum plus 2-6% of minimum for knowledge, experience, etc. Management - Elevation of one labor grade: If salary is in the min. to mid. of present grade, add 5-7% to the current salary. If salary is in the mid. to max. of present grade, add 3-4% to the current salary. Management - Elevation of two labor grades: If salary is in the min. to mid. of present grade, add 7-9% to the current salary. If salary is in the mid. to max. of present grade, add 4-5% to the current salary. VOTE: Passed 8-0. RESOLUTION NO. 338 Motion by Smith, second by Young. RE: COMMITMENT OF SUPPORT TO THE ARTS OF THE SOUTHERN FINGER LAKES WHEREAS, it is the vision of The ARTS of the Southern Finger Lakes to make this region a nationally recognized center for the arts while enhancing participation of the resident population, and WHEREAS, Chemung, Steuben and Schuyler Counties will participate in a collaborative effort to achieve this goal, and WHEREAS, Chemung and Steuben Counties have each agreed to contribute $35,000 annually for this project in 1995 and in 1996. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby agree to contribute $5,000 annually in 1995 and 1996 in support of this project. DISCUSSION: Legislator Fitzsimmons advised that Chemung and Steuben Counties have not formally voted on this yet, however, they have a verbal commitment. He further advised that they hope to have a project with or without the grant. ---PAGE BREAK--- VOTE: Passed 8-0. RESOLUTION NO. 339 Motion by Burnside, second by Smith. RE: MOTION TO BRING ONE RESOLUTION TO THE FLOOR BE IT RESOLVED, that one resolution be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 340 Motion by Young, second by Halpin. RE: TRANSFER OF FUNDS - HIGHWAY WHEREAS, the Highway Department is in need of engineering services for several bridges, and WHEREAS, these expenses were not anticipated or budgeted for in the 1994 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $23,200 from account no. D5110.510-Rental of Equipment (Other) to account no. D5120.525-Bridges. VOTE: Passed 8-0. UNFINISHED BUSINESS: MOTION by Young, SECOND by Halpin to authorize payment for the publication of the Solid Waste Management Plan out of the 8160 account. Motion carried eight ayes to zero noes. REPORT ON STANDING COMMITTEES: Legislator Halpin said she compiled the legislators survey on job duties for the county manager's position and is hopeful the Legislature will come to a consensus on these duties. Legislator Hastings advised that Rhonda Darling accepted the position as Deputy Commissioner of DSS and resigned her position as Real Property Tax Agency Director. She said that Mrs. Darling will finish up some tax office projects and remain as the Chairman of the Computer Coordination Committee. Legislator Hastings felt there would be no problem with the transition. Chairman Franzese requested, for a second time, the Assessment & Taxation Committee to research the installment payment of back taxes. Legislator Halpin said the sales tax report is up 7.7% over last year. Legislator Fitzsimmons will be chairing a committee to work on a children and youth program in an effort to coordinate all involved groups to see what is being done and what needs to be done. NEW BUSINESS: Chairman Franzese read the letter of resignation from Rhonda Darling as Director of the Real Property Tax Agency. MOTION by Young, SECOND by Hastings to accept the aforementioned letter of resignation with regrets. Motion carried eight ayes to zero noes. Chairman Franzese then read the letter of resignation ---PAGE BREAK--- from David Kelly as Director of Planning and Community Development. MOTION by Smith, SECOND by Karius to accept the aforementioned letter of resignation with regrets. Motion carried eight ayes to zero noes. PUBLIC PARTICIPATION - 9:17 P.M.: Lory Peck advised the Legislature if they are going to look at eliminating the Civil Service Commission, they should be aware that there is not much latitude and this is strictly bound by state law. Mr. Peck then referred to Resolution No. 331 and said he hopes the program saves more than the $2,500 being spent. Public Participation was declared closed at 9:25 p.m. The meeting adjourned at 9:25 p.m. Doris J. Craig, Clerk Gail M. Willis, Deputy Clerk SPECIAL MEETING SEPTEMBER 1, 1994 The September 1, 1994 Special Meeting of the Schuyler County Legislature was called to order at 3:05 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. ROLL CALL: All Legislators were present except for Legislators Fitzsimmons, Hastings and Burnside. County Attorney Coleman was also present. PUBLIC PARTICIPATION - 3:06 P.M.: None. RESOLUTION NO. 341 Motion by Karius, second by Halpin. RE: RATIFICATION OF SPECIAL MEETING CALL BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Acting 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 Purchase Offers on Tax Auction Properties. Vote: Passed 5-0. RESOLUTION NO. 342 Motion by Smith, second by Young. ---PAGE BREAK--- RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO TODD L. FOLAND WHEREAS, the County Treasurer took a tax deed to property situated in the Town of Hector, County of Schuyler and State of New York, more particularly described as tax map number 56.-1-20, parcel number 401-7450-01, formerly owned by Buddy and Genevieve Wilson, said property to have been placed in the September 11, 1993 Tax Auction Sale, and WHEREAS, the former owner of record has submitted an Offer to Purchase said property for the full amount of taxes, penalties, interest and other County expenses involved with the property in the amount of $12,294.35 plus record fees. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to execute the Offer to Purchase, quitclaim deed and attending documents for the transfer of the aforementioned property to Buddy and Genevieve Wilson, upon receipt of the recording fees, and BE IT FURTHER RESOLVED, that payment in full to the Schuyler County Treasurer of the full amount of the purchase offer must be made by 5:00 p.m. of 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 or the estate of 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. Vote: Passed 5-0. RESOLUTION NO. 343 Motion by Young, second by Smith. RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO TODD L. FOLAND WHEREAS, the County Treasurer took a tax deed to property situated in the Town of Montour, County of Schuyler and State of New York, more particularly described as tax map number 76.19-2-43, parcel number 501-0734-00, formerly owned by Todd L. and Joann Foland, said property to have been placed in the September 11, 1993 Tax Auction Sale and WHEREAS, the former owner of record has submitted an Offer to Purchase said property for the full amount of taxes, penalties, interest and other County expenses involved with the property in the amount of $3,700.29 plus recording fees. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to execute the Offer to Purchase, quitclaim deed and attending documents for the transfer of the aforementioned property to Todd L. Foland, upon receipt of the recording fees, and BE IT FURTHER RESOLVED, that payment in full to the Schuyler County Treasurer of the full amount of the purchase offer must be made by 5:00 p.m. of 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 or the estate of the former owner of record, which the Chairman of this Legislature is herby authorized to execute and deliver within thirty (30) days of the payment thereof. Vote: Passed 5-0. RESOLUTION NO. 344 Motion by Halpin, second by Young. RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO WILLIAM H. PURVES WHEREAS, the Country Treasurer took a tax deed to property situated in the Town of Catharine, County of Schuyler and State of New York, more particularly described as tax map number 98.13-1-16, parcel number 102-0214-00, formerly owned by William H. Gretchen Purves, said property to have been placed in the September 11, 1993 Tax Auction Sale, and WHEREAS, the former owner of record has submitted an Offer to Purchase said property for the full amount of taxes, penalties, interest and other County expenses involved with the property in the amount of $13,243.58 plus recording fees. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to execute the Offer to Purchase, quitclaim deed and attending documents for the transfer of the aforementioned property to William H. Purves, upon receipt of the remainder due of $11,919.22 plus recording fees, and BE IT FURTHER RESOLVED, that payment in full to the Schuyler County Treasurer of the full amount of the purchase offer must be made by 5:00 p.m. of 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 or the estate of 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. ---PAGE BREAK--- Vote: Passed 5-0. RESOLUTION NO. 345 Motion by Karius, second by Smith. RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO WILLIAM SHADE WHEREAS, the County Treasurer took a tax deed to property situated in the Town of Tyrone, County of Schuyler and State of New York, more particularly described as tax map number 19.-1-24, parcel number 801-1422-00, formerly owned by William Shade, said property to have been placed in the September 11, 1993 Tax Auction Sale, and WHEREAS, the former owner of record has submitted an Offer to Purchase said property for the full amount of taxes, penalties, interest and other County expenses involved with the property in the amount of $419.12 plus recording fees. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to execute the Offer to Purchase, quitclaim deed and attending documents for the transfer of the aforementioned property to William Shade, upon receipt of the recording fees, and BE IT FURTHER RESOLVED, that payment in full to the Schuyler County Treasurer of the full amount of the purchase offer must be made by 5:00 p.m. of 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 or the estate of 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. Vote: Passed 5-0. PUBLIC PARTICIPATION - 3:12 P.M.: None. The meeting adjourned at 3:12 p.m. Gail M. Willis, Acting Clerk REGULAR MEETING SEPTEMBER 12, 1994 ---PAGE BREAK--- The September 12, 1994 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Hastings and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present. ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese read the four resolutions to be brought to the floor by title. PUBLIC PARTICIPATION - 6:34 P.M.: Lory Peck thanked Peg Jensen, Chairman Franzese and Nancy Peters for getting the sick bank underway. Mr. Peck urged the Legislature to approve the Fiscal Manager position for the Mental Health Department. He felt the position will save money on overtime and noted that the position is fully funded by the State. Mr. Peck also asked when the Administrative Unit contract would be final. Doris Craig advised that the final revisions are almost complete. Joe Rooney spoke in favor of the Fiscal Manager position saying the county needs to take advantage of the state funding that is available. Public Participation was closed at 6:47 p.m. RESOLUTION NO. 346 Motion by Smith, second by Burnside RE: APPROVE MINUTES OF THE JULY 11, 1994 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the July 11, 1994 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 347 Motion by Smith, second by Burnside RE: DECLARE HIGHWAY SCRAP PILE SURPLUS/AUTHORIZE TO ADVERTISE FOR BID WHEREAS, there exists a scrap pile in the Highway Department that is no longer needed for use by the department. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby declare the aforementioned scrap pile surplus pursuant to County Law Section 215, and BE IT FURTHER RESOLVED, that the Highway Superintendent be, and hereby is, authorized to advertise for bids for the scrap pile at South Decatur Street Highway Department; said bids to be opened at 8:00 a.m. on October 17, 1994 at the Highway Office, 112 S. Decatur Street, Watkins Glen, NY, and BE IT FURTHER RESOLVED, that the revenues generated from the sale of the surplus scrap go into revenue account no. DM-2650. Vote: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 348 Motion by Smith, second by Burnside RE: AUTHORIZE PURCHASE OF CHAIR/TRANSFER FUNDS - COUNTY ATTORNEY WHEREAS, the Confidential Secretary to the County Attorney needs a new secretarial chair with lumbar support, and WHEREAS, there is money available toward the purchase of a new chair in account no. 1420.410, and WHEREAS, the cost of the chair is $348.00. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the purchase of a new secretarial chair for the County Attorney's Office at a cost not to exceed $348.00, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer funds in the amount of $348.00 from account no. 1420.410 to account no. 1420.206 to cover the cost of the chair. Vote: Passed 8-0. RESOLUTION NO. 349 Motion by Halpin, second by Young RE: AMEND MANAGEMENT LEVEL SALARY PLAN TO INCLUDE CERTAIN TITLES WHEREAS, the Administrative Committee has continued work on the Management Level Salary Plan, and WHEREAS, it is that committee's recommendation that the Plan be amended by the addition of the attached information. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby amend the Management Level Salary Plan, dated July 1, 1994, as recommended by the Administrative Committee and that these additions shall be distributed as an addendum until such time as the plan is reprinted. 1. ADD TO PAGE 22: CONFIDENTIAL SECRETARY TO COUNTY ATTORNEY A CONFIDENTIAL SECRETARY TO DISTRICT ATTORNEY A PERSONAL SECRETARY TO THE LEGISLATURE A ---PAGE BREAK--- 2. ADD TO PAGE 23: FOR GRADE LEVEL A SALARY RANGE - MIN MID MAX 15,000 20,000 25,000 Vote: Passed 7-1. (No: Hastings) RESOLUTION NO. 350 Motion by Halpin, second by Young RE: AMEND POLICIES AND PROCEDURES RELATIVE TO TRAVEL WHEREAS, page 17 of the Policies and Procedures relative to travel requests and reimbursement needs clarification relative to client-related travel. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby amend the Policies and Procedures Manual, dated December 29, 1993, as recommended by the Administrative Committee and that the addition shall be distributed as an addendum until such time as the manual is reprinted. PAGE 17 TRAVEL REQUESTS AND REIMBURSEMENT 4. All Schuyler County employees must submit a travel request form for permission to travel on county business, whether reimbursement is requested or not, except for specific client-related travel. For attendance at workshops, training, etc., you must attach a copy of documentation describing the event and include charges for same. (Registration forms, etc.) Vote: Passed 8-0. RESOLUTION NO. 351 Motion by Halpin, second by Young RE: APPOINTMENT OF CLERK OF THE LEGISLATURE WHEREAS, Doris J. Craig has resigned her position as Clerk of the Legislature effective August 26, 1994. NOW, THEREFORE, BE IT RESOLVED, that this Legislature approve the Chairman of the Legislature's appointment of Gail M. Willis as Clerk of the Legislature effective immediately to complete the term ending December 31, 1995 at a salary of $21,955. Vote: Passed 8-0. RESOLUTION NO. 352 Motion by Smith, second by Burnside ---PAGE BREAK--- RE: AMEND MANAGEMENT LEVEL SALARY PLAN RELATIVE TO PERFORMANCE EVALUATIONS WHEREAS, the Administrative Committee has continued work on the Management Level Salary Plan, and WHEREAS, it is that committee's recommendation that the Plan be amended by the addition of the attached information. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby amend the Management Level Salary Plan, dated July 1, 1994, as recommended by the Administrative Committee and that these additions shall be distributed as an addendum until such time as the plan is reprinted. 1. ADD TO PAGE 14 AS A FOURTH PARAGRAPH UNDER PERFORMANCE EVALUATION: IF A DEPARTMENT MANAGER IS HIRED AFTER SEPTEMBER 1ST OF A YEAR, THERE WILL BE NO PERFORMANCE EVALUATION UNTIL THE EMPLOYEE HAS COPMLETED ONE YEAR IN THAT POSITION. ANY SALARY ADJUSTMENT WILL BE EFFECTIVE JANUARY 1ST FOLLOWING THE PERFORMANCE EVALUATION. THIS WILL PERTAIN TO NEWLY HIRED DEPARTMENT MANAGERS ONLY - THIS WILL NOT INCLUDE PROMOTIONS OR TRANSFERS. Vote: Passed 7-1. (No: Hastings) RESOLUTION NO. 353 Motion by Smith, second by Burnside RE: AUTHORIZE TRANSFER OF FUNDS FOR COUNSELING SERVICES WHEREAS, Resolution No. 115-93 authorizes payment by Schuyler County for counseling services for employees between October 15, 1992 and December 31, 1993 not covered by Workers Compensation, health insurance claims, or other sources of funding made available, and WHEREAS, Resolution No. 281 authorized the transfer of $3,000 from Contingency account to Judgments and Claims account to pay said claims, and WHEREAS, an additional $4,000 is necessary to pay the remaining bills. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $4,000.00 from Contingency account no. 1990 to Judgment and Claims account no. 1930.400 for immediate payment of remaining claims as verified to be eligible for payment by the Personnel Director and in accordance with Resolution No. 115-93. ---PAGE BREAK--- Vote: Passed 8-0. RESOLUTION NO. 354 Motion by Smith, second by Burnside RE: ADVERTISE AND FILL FISCAL MANAGER POSITION - MENTAL HEALTH WHEREAS, an administrative support position has been requested and approved in the 1994 State and Local budgets for Schuyler County Mental Health Clinic/Community Services, and WHEREAS, the Civil Service Commission has approved a duties statement and minimum qualifications and has titled said position as a Fiscal Manager, and WHEREAS, this position is necessitated by the increasing management and administrative workload and is essential to the continued smooth operation of our Local Governmental Unit. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the creation of a Fiscal Manager position in the Mental Health/Community Services Department, Grade XXI, salary $18,820 for 1994 and authorizes the Director of Community Services to advertise and fill such position, effective immediately. It is understood that these positions will continue as long as the 100% State funding continues. Vote: Passed 6-2. (Noes: Franzese and Halpin) RESOLUTION NO. 355 Motion by Young, second by Smith RE: ACCEPT/REJECT BIDS FOR PRESSURE TREATED TIMBERS WHEREAS, Resolution No. 329-94 authorized advertisement for pressure treated timbers for the Seneca Harbor Park seawall project, and WHEREAS, said advertisement was done, bids received and opened at the Buildings and Grounds Committee meeting on August 26, 1994, and WHEREAS, it is the recommendation of the Buildings and Grounds Committee, as well as the Purchasing Department, that the bid from Wickes Lumber be accepted. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby accept the bid from Wickes Lumber Company, Route 17 and Lackawanna Avenue, Horseheads, NY 14845 in the amount of $23.96 each timber, and BE IT FURTHER RESOLVED, that the following bids be rejected: Watkins Glen Lumber Inc. Robinson Building Materials, Inc. ---PAGE BREAK--- E. Third Street 103 E. Woodlawn Avenue Watkins Glen, NY 14891 Elmira, NY 14902-0325 $26.52 each timber $25.87 each timber Vote: Passed 8-0. RESOLUTION NO. 356 Motion by Young, second by Smith RE: AUTHORIZE CHANGE ORDER WITH ALL-MODE COMMUNICATIONS, INC. WHEREAS, the Building Maintenance Supervisor is in receipt of a client change request from All-Mode Communications, Inc. dated 8/15/94 to expand the new telephone system and capabilities, and WHEREAS, the Building and Grounds Committee has reviewed the referenced change request and recommends authorization thereof. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Buildings and Grounds Committee, this Legislature hereby accepts said client change request from All- Mode Communications, Inc. in the amount of $4,915.00; subject to approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 357 Motion by Young, second by Smith RE: AUTHORIZE 1995 DWI PLAN - SHERIFF'S DEPARTMENT WHEREAS, the County of Schuyler is participating in the New York State Stop-DWI Program, and WHEREAS, Michael W. Wood has been appointed the Stop-DWI Coordinator, 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 1995 Stop-DWI Program for Schuyler County, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute any and all documents necessary to the Stop-DWI Program, subject to approval by the Schuyler County Attorney. Vote: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 358 Motion by Karius, second by Fitzsimmons RE: INCREASE APPROPRIATIONS AND REVENUES - SHERIFF'S DEPARTMENT WHEREAS, $3,300.00 has been made available through the Department of Social Services for the Sheriff's Department computer, and WHEREAS, this appropriation was not included in the 1994 budget. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to increase appropriation account no. 3150.207-computer and revenue account no. 3150- 1512 by $3,300.00. Vote: Passed 8-0. RESOLUTION NO. 359 Motion by Karius, second by Fitzsimmons RE: CONTRACT - UNIFIED COURT SYSTEM/SECURITY SERVICES - SHERIFF'S DEPARTMENT BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement between the County of Schuyler (Sheriff's Department) and the New York State Unified Court System in the amount of $23,000 (for the 1994-95 year) for security services for the courts located in the County of Schuyler for the period commencing April 1, 1994 through March 31, 1999; subject to approval by the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 360 Motion by Karius, second by Fitzsimmons RE: AUTHORIZE CONTRACT FOR DEVELOPMENT OF JAIL POLICIES AND PROCEDURES WHEREAS, it is necessary that Jail Policies and Procedures be developed and implemented, and WHEREAS, certain computer programs must be written, updated and entered into the computer at the Schuyler County Jail, and WHEREAS, Gordon Stevens has the experience as Chemung County Jail Administrator and Tompkins County Jail Administrator to develop the aforementioned policies and procedures. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be, and hereby is, authorized to engage the services of Gordon Stevens for the aforementioned duties, and BE IT FURTHER RESOLVED, that, if necessary, the Chairman of this Legislature be, and hereby is, authorized to enter into a contract with Gordon Stevens at a cost not to exceed $1,500 to develop Jail Policies and Procedures; subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $1,500 from account no. 3150.100 to account no. 3150.401 to cover the cost of the above-referenced services. Vote: Passed 7-1. (No: Halpin) PRESENTATION - 7:00 P.M. - MR. BAGLEY, SENECA COUNTY: Mr. Bagley introduced himself as the Town of Lodi Supervisor and Seneca County Legislator. He told the Legislature that Seneca County had adopted a resolution requesting de-regulation of the in-house sale of wines. Seneca County drafted this resolution because they lost many grape growers in their community. The small wineries are struggling and this would allow them one year to sell wine bulk. Mr. Bagley strongly urged the Legislature to pass a similar resolution and join the other counties in requesting the State to lessen their regulations. Mr. Bagley was thanked for attending the meeting. PRESENTATION - 7:09 P.M. - DAVID SIDLE: Mr. Sidle gave a brief report on some of the factors involved around county insurance policies this year. He noted that there were many claims and lawsuits this year. Mr. Sidle advised that all floaters have been updated, with a complete inventory having been compiled and maintained. The county added malpractice insurance this year. Mr. Sidle said that Worker's Compensation insurance is the biggest problem since the rates keep increasing. He said since 1989 the rates have increase 136% and we have no control over this. Mr. Sidle concluded by saying that the county's safety group, Lovell Safety, has issued us a dividend this year of $34,539. Mr. Sidle was thanked for his presentation and the meeting proceeded with the agenda at 7:15 p.m. RESOLUTION NO. 361 Motion by Burnside, second by Young RE: DECLARE ITEMS SURPLUS - SHERIFF'S DEPARTMENT WHEREAS, an International Harvester freezer which is over 40 years old in the Schuyler County Jail is no longer operable and no longer needed for use by the department, and WHEREAS, the Fellows paper shredder in the Schuyler County Jail is no longer operable and no longer needed for use by the department. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby declare the aforementioned items surplus pursuant to County Law Section 215 and be disposed of according to County policy and procedure. Vote: Passed 8-0. RESOLUTION NO. 362 Motion by Burnside, second by Young RE: AGREEMENT - COMPUTER ENHANCEMENT FOR SCHUYLER COUNTY SHERIFF'S DEPARTMENT COMPUTER NETWORK WHEREAS, the Division of Criminal Justice Services has made up to $20,000 grant money available to the Schuyler County Sheriff's Department, and WHEREAS, these grant funds can be matched by $5,000 from the Sheriff's Department Narcotics Enforcement monies, and WHEREAS, the Schuyler County Sheriff's Department needs to update its computer capability. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, the Schuyler County Sheriff and any other County Official required to sign the application for monies available from the New York State Division of Criminal Justice Services be, and hereby are, authorized to execute said applications and agreements, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that this Legislature hereby agrees to participate in the Division of Criminal Justice Services computer enhancement in the Schuyler County Sheriff's Department pursuant to any application it may file for monies under this program, and BE IT FURTHER RESOLVED, that before any monies are expended, approval is to be obtained from the Computer Coordination Committee and a copy of said approval filed with the Clerk of the Legislature. Vote: Passed 8-0. RESOLUTION NO. 363 Motion by Burnside, second by Young RE: AUTHORIZE ADVERTISING AND HIRING OF HOME HEALTH AIDE AND PERSONAL CARE AIDE PER DIEM WHEREAS, a full time Home Health Aide in the Home Health Agency resigned effective August 19, 1994, and ---PAGE BREAK--- WHEREAS, the Home Health Agency would like to hire per diem personnel to replace her on an as-needed basis, and WHEREAS, since home health aides can do personal care aide duties, and since home health aides and personal care aides have different pay rates, the new per diem personnel would be hired as both home health aides and personal care aides, but would be paid based on the job description of the actual work performed. NOW, THEREFORE, BE IT RESOLVED, that the Home Health Agency is authorized to advertise and hire up to 4 per diem home health aides and personal care aides, and BE IT FURTHER RESOLVED that these aides will be paid based on the job description of the actual work performed. Vote: Passed 8-0. RESOLUTION NO. 364A Motion by Halpin, second by Fitzsimmons RE: AMEND RESOLUTION NO. 364 BE IT RESOLVED, that Resolution No. 364 be amended by adding the following at the end of the resolution: pending comparison of the cost of hiring from a temporary agency, whichever is most fiscally beneficial for the county." Vote: Passed 7-1. (No: Hastings) RESOLUTION NO. 364 Motion by Halpin, second by Young. RE: AUTHORIZE PUBLIC HEALTH OFFICE TO CREATE AND FILL A CLERK POSITION ON TEMPORARY BASIS - AS AMENDED WHEREAS, the Public Health Office has increased duties in preschool handicapped children's programs and needs additional help. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Public Health Office to create and fill a clerk position, Grade II with a 1994 salary of $7.4138 per hour, to be filled on a temporary basis through 12/31/94; funding to be from 4010.100 due to vacancies; pending comparison of the cost of hiring from a temporary agency, whichever is most fiscally beneficial for the county. Vote: Passed 7-1. (No: Hastings) RESOLUTION NO. 365 Motion by Halpin, second by Young. ---PAGE BREAK--- RE: AMEND CONTRACT WITH THE NEW YORK STATE DEPARTMENT OF HEALTH FOR REIMBURSEMENT OF RABIES EXPENSES WHEREAS, Resolution No. 165, passed April 11, 1994 authorized a contract with the New York State Department of Health for reimbursement of rabies program expenses from April 1, 1993 through March 31, 1998, and WHEREAS, this contract needs to be updated to set the budget and reimbursement rates from April 1, 1994 through March 31, 1995 as follows: the New York State Department of Health will reimburse Schuyler County up to $1,000 per individual treated, $60 per specimen submitted ($75 for cattle and horses) and $5,000 for pet vaccination clinics, up to a maximum of $12,000. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby accepts the terms of this agreement and authorizes the Chairman of this Legislature to execute an agreement with the New York State Department of Health to reimburse rabies expenses from 4/1/94 through 3/31/95, subject to the approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 366 Motion by Halpin, second by Young. RE: CONTRACT - CORNING CITY SCHOOL DISTRICT FOR PRESCHOOL TRANSPORTATION/ WAIVE MINIMUM INSURANCE STANDARDS FOR CONTRACTS WITH CORNING CITY SCHOOL DISTRICT FOR PRESCHOOL TRANSPORTATION AND SPECIAL EDUCATION WHEREAS, the Corning City School District will provide preschool transportation to Schuyler County children at the rate of $0.98 per mile from 9/7/94 through 6/30/95, and WHEREAS, the Corning City School District does not meet Schuyler County's minimum insurance requirements because they are not required to and do not carry disability insurance; they have only a five day notice of cancellation or change for their Workers' Compensation policy. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature is hereby authorized to execute a contract with the Corning City School District to provide transportation for preschool handicapped children placed in its preschool program under Section 4410 of the Education Law from 9/7/94 through 6/30/95, at the rate of $.98 per mile; subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that this Legislature hereby waives its minimum insurance requirements as they relate to the disability requirement and the 30 day notice requirement for Worker's Compensation coverage for these contracts. Vote: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 367 Motion by Burnside, second by Smith. RE: CONTRACT - ODESSA-MONTOUR CENTRAL SCHOOL DISTRICT FOR THE TRANSPORTATION OF PRESCHOOL HANDICAPPED CHILDREN WHEREAS, Section 4410 of the NYS Education Law requires Schuyler County to provide transportation to preschool children with disabilities, and WHEREAS, the Odessa-Montour Central School District will provide some of this transportation if Schuyler County agrees to reimburse the school district for extra costs incurred in providing this transportation from July 1, 1994 through June 30, 1995, and WHEREAS, the costs are: $7.72 per hour for school bus monitors to assist the preschool children when necessary; $11.38 per hour for extra travel time in July and August 1994; $16.85 per hour for special transportation required for children who cannot attend classes full time. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Odessa-Montour Central School for reimbursement of transportation expenses from 7/1/94 through 6/30/95 at the rate of $7.72 per hour to provide monitors on school buses for eligible preschool handicapped children designated by the county; at the rate of $11.38 per hour for extra travel time in July and August 1994; $16.85 per hour for special transportation required for children who cannot attend classes full time. This contract is subject to the approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 368 Motion by Burnside, second by Smith. RE: CONTRACT - MILLER ASSOCIATES FOR HOME HEALTH AGENCY SPEECH THERAPY SERVICES WHEREAS, the Home Health Agency would like to renew its agreement with Miller Associates for speech therapy services at the rate of $34.00 per hour. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute a contract with Miller Associates to provide speech therapy services to Home Health Agency patients from 10/1/94 through 9/30/95 at the rate of $34.00 per hour; subject to approval by the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 369 Motion by Burnside, second by Smith. ---PAGE BREAK--- RE: CONTRACT - MILLER ASSOCIATES FOR PRESCHOOL SPECIAL EDUCATION SPEECH THERAPY SERVICES WHEREAS, the Home Health Agency would like to renew its agreement with Miller Associates to provide speech therapy services to preschool children with disabilities, aged three to five, under Section 4410 of the Education Law, and WHEREAS, Miller Associates has requested a rate of $35 per half-hour session from 10/1/94 through 9/30/95; this rate is an all-inclusive charge for successfully completed visits, and there will be no extra charge for other incidental costs such as ineffective visits, travel time, paperwork time or attendance at meetings. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute a contract with Miller Associates to provide speech therapy services to preschool children with disabilities served under Section 4410 of the Education Law from 10/1/94 through 9/30/95 at the rate of $35.00 per half-hour session; subject to approval by the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 370 Motion by Halpin, second by Karius. RE: CONTRACT - PEDIATRIC THERAPY SERVICES, P.C., FOR PHYSICAL THERAPY EARLY INTERVENTION SERVICES WHEREAS, the Schuyler County Early Intervention Program must contract with providers to provide early intervention services to eligible children from birth through age two as required by the New York State Department of Health. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an ongoing contract with Pediatric Therapy Services, P.C., to provide early intervention services, effective October 1, 1994, at rates to be determined by the New York State Department of Health; subject to the approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 371 Motion by Halpin, second by Karius. RE: BUDGET ADJUSTMENT - MODEL EARLY INTERVENTION SERVICE PROJECT WHEREAS, Resolution No. 277, passed on July 11, 1994, authorized a contract with the New York State Department of Health to accept a $50,000 grant for a Model Early Intervention Service Project, and ---PAGE BREAK--- WHEREAS, the amount and effective dates of the grant have changed to $52,508 from 10/1/94 through 9/30/95. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an agreement with the New York State Department of Health in the amount of $52,508 for a model Early Intervention Service Project from 10/1/94 through 9/30/95; subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the 1994 Schuyler County budget be amended to include the Model Early Intervention Service Project budget as follows: $12,070 4010.100-4006 Personal Service $2,508 4010.440-4006 Travel $3,280 4010.489-4006 Fringe Benefits $34,650 4010.490-4006 Subcontracts $52,508 TOTAL EXPENSES $52,508 4010.3401-4006 Grant Revenue Vote: Passed 8-0. RESOLUTION NO. 372 Motion by Halpin, second by Karius. RE: INCREASE HOURS OF WATERSHED INSPECTOR ASSISTANT WHEREAS, the Watershed Inspector Assistant's position has been full-time since 1976, and WHEREAS, this position was reduced to 20 hours per week during budget reducing measures affecting the 1992 budget, and WHEREAS, the Watershed Protection Agency has struggled to maintain provided services primarily as the result of the reduced work week. NOW, THEREFORE, BE IT RESOLVED, that the position of Watershed Inspector Assistant be increased to 25 hours per week, and BE IT FURTHER RESOLVED, that said position will not be filled until October 4, 1994 to avoid any increase in the Agency's personal services budget for the current year. Vote: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 373 Motion by Halpin, second by Burnside. RE: AUTHORIZE PURCHASE OF NETWORK HARDWARE AND TRANSFER OF FUNDS - CENTRAL DATA PROCESSING WHEREAS, it is necessary to purchase equipment for changing the County Office Building network from coaxial cable to twisted pair cable, and WHEREAS, it is the recommendation of the Assessment & Taxation Committee that said equipment be purchased out of existing funds in central data processing. NOW, THEREFORE, BE IT RESOLVED, that said equipment purchase be, and hereby is, authorized by this Legislature in the amount of approximately $2,700.00, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $2,700.00 from 1680.400 to 1680.200 to cover the cost for this equipment. Vote: Passed 8-0. RESOLUTION NO. 374 Motion by Halpin, second by Burnside. RE: AMEND RESOLUTION ESTABLISHING 1994 BUDGET ACCOUNTS - OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging budget accounts were established in the fall of 1993 using estimated budget figures before program applications for 1994 were submitted and approved, and WHEREAS, applications have now been approved and more specific budget information is available, and WHEREAS, surpluses for the 1993 budget have been approved for carry over to the 1994 budget. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to change appropriation and revenue accounts to reflect the latest budget, as follows: BUDGET ACCOUNTS REVENUES 6772.200 $5,317.00 Federal $252,562.00 6772.401 22,650.00 State 124,811.00 6772.438 13,131.00 Home Health 8,457.00 6772.439 7,474.00 (In-Kind) ---PAGE BREAK--- 6772.440 15,293.00 Program Income 54,135.00 6772.442 17,711.00 6772.454 66,815.00 6772.490 75,969.00 Vote: Passed 8-0. RESOLUTION NO. 375 Motion by Halpin, second by Burnside. RE: JOB READINESS TRAINING - DSS WHEREAS, the Schuyler County Department of Social Services is required under Social Services Law, Sections 330-341 to provide Job Readiness Training to employable recipients of Public Assistance and Food Stamp Work Registrants, to improve their job seeking and retention skills, and WHEREAS, the Department of Social Services issued a request for proposals to area service providers to develop a training program to offer Job Readiness Training to our clients, and WHEREAS, three proposals have been received and reviewed. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to enter into an agreement with the SCT BOCES for the provision of Job Readiness Training Services to the clients referred by the Schuyler County Department of Social Services in an amount not to exceed $22,686.00 for the period October 1, 1994-September 30, 1995. Vote: Passed 8-0. RESOLUTION NO. 376 Motion by Karius, second by Young. RE: AMEND RESOLUTION NO. 305-94/BUDGET AMENDMENTS - YOUTH BUREAU WHEREAS, Resolution No. 305-94 provided incomplete information on the budget amendment for the Youth Bureau. NOW, THEREFORE, BE IT RESOLVED, that the "Be It Resolved" clause be amended to read: "NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to make the following additions to the Youth Bureau Accounts: ---PAGE BREAK--- + $7,837 to account no. 7310.0187 + $7,837 to Revenue account no. 7310.4820." Vote: Passed 8-0. RESOLUTION NO. 377 Motion by Karius, second by Young. RE: AUTHORIZE THE SCHUYLER COUNTY CHAMBER OF COMMERCE TO ACT ON BEHALF OF THE SCHUYLER COUNTY LEGISLATURE BY ENTERING INTO A 1995 COUNTY MEMBERSHIP AGREEMENT WITH THE FINGER LAKES ASSOCIATION WHEREAS, the Schuyler County Legislature by Resolution No. 273 dated July 11, 1994, appointed the Schuyler County Chamber of Commerce as its official tourism representative for the County, and WHEREAS, the Finger Lakes Association, Inc., proposes to enter into an Agreement with the Schuyler County Tourist Promotion designee for a level of membership within that Association, known as County Membership, and WHEREAS, details and conditions of said Agreement are contained in a document entitled Agreement, which document will be duly executed by the parties thereto. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Schuyler County Chamber of Commerce, as its tourism representative, and on behalf of the Schuyler County Legislature, to negotiate an agreement with the Finger Lakes Association, Inc. to provide specific tourism services on behalf of the County, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Chamber of Commerce will be responsible and accountable to the County for the tourism activities identified in said agreement, and BE IT FURTHER RESOLVED, that this resolution be attached to and remain a part of said executed agreement between the County of Schuyler Tourism Promotion Designee and the Finger Lakes Association, Inc. DISCUSSION: Legislator Smith advised he would be voting no. He had read the letter from the Finger Lakes Association expressing displeasure of the funding receiving from the Chamber of Commerce. Max Neal was present and advised that the Chamber of Commerce has paid their share and can document same if desired. Ms. Neal also expressed willingness to schedule a meeting with all parties to discuss any issues. Vote: Passed 7-1. (No: Smith). ---PAGE BREAK--- RESOLUTION NO. 378 Motion by Smith, second by Young. RE: DECLARATION OF EMERGENCY/WAIVER OF BID REQUIREMENTS - EMERGENCY MANAGEMENT WHEREAS, the Legislature has been notified by William S. Randolph, Emergency Management Coordinator, of failure of the 960 Links for the County's radio system, and WHEREAS, the Emergency Management Coordinator is in receipt of letters from the County Highway Department, Town of Dix, Town of Reading, Town of Hector, Town of Montour, Town of Orange, Schuyler County Sheriff, Schuyler County Undersheriff, 2 Dispatch Officers and 2 Fire Chiefs wherein they expressed their grave concern regarding the failed radio system, and WHEREAS, there have already been incidents wherein citizens lives may have been at risk because of the inability for emergency service agencies to communicate, and WHEREAS, in cases of public emergency, such as this, where the life, health, safety or property of the public is affected and requires immediate action which cannot await competitive bidding, contracts for equipment may be let by the appropriate office, board or agency of the County. NOW, THEREFORE, BE IT RESOLVED, that this Legislature finds and determines that a public emergency exists based upon the facts presented by the Emergency Management Coordinator which affects the life, health and safety of the citizens of Schuyler County, and others, such as to justify immediate action and absent competitive bidding pursuant to General Municipal Law Section 103, subsection 4, and BE IT FURTHER RESOLVED, that this state of emergency will cease upon the replacement of the defective component to wit: the 960 Link pursuant to the following Resolution No. 379-94. Vote: Passed 8-0. RESOLUTION NO. 379 Motion by Smith, second by Young. RE: AUTHORIZE NEGOTIATIONS FOR PURCHASE OF EMERGENCY RADIO EQUIPMENT WHEREAS, pursuant to Resolution No.378-1994, this Legislature determined an emergency exists relative to failed county radio equipment and authorized a waiver of the competitive bidding requirements to purchase the necessary equipment, and WHEREAS, Schuyler County, per Resolution No. 240-89 standardized radio communications equipment with Motorola Communications Co., and ---PAGE BREAK--- WHEREAS, the Schuyler County Emergency Management Coordinator has verified that said Motorola Communications Co. is the sole source available for said equipment. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Emergency Management Coordinator and Public Safety Committee to negotiate the cost thereof to replace the existing system with a new microwave digital radio system, and, BE IT FURTHER RESOLVED, that the question be addressed at a Special Meeting of the Legislature to be held on Monday, September 19, 1994 at 4:00 p.m. Vote: Passed 8-0. RESOLUTION NO. 380 Motion by Karius, second by Young. RE: REQUEST FOR EMERGENCY LEGISLATION FOR THE GRAPE AND WINE INDUSTRY WHEREAS, the number of major wine grape processors in New York State has gone from nine in 1974 to one in 1994, and WHEREAS, this has caused a major destabilization in the New York State wine and grape market, which has in turn caused severe financial hardship for independent grape growers, and WHEREAS, these grape growers have no recourse but to go into "On-Farm" wine production and sales in order to utilize their crops or go out of business, and WHEREAS, New York State is the most expensive wine district in the world in which to produce wine, and WHEREAS, the combination of licenses, regulations, fees, bonds, occupational taxes, excise taxes, luxury taxes, sales taxes, property taxes and payroll taxes of both the State of New York and the Federal Government have a crushing effect on small on-farm producers. NOW, THEREFORE, BE IT RESOLVED, that in order to create an environment whereby small on-farm grape growers can get established, that the Schuyler County Legislature support the introduction of emergency legislation which would deregulate on- farm production and the on-farm sale of wine at both the state and federal level, and BE IT FURTHER RESOLVED, that copies of this resolution be sent to Davidsen, Senator Kuhl, Congressman Houghton and Senators Moynihan and D'Amato. Vote: Passed 8-0. RESOLUTION NO. 381 Motion by Karius, second by Young. ---PAGE BREAK--- RE: PERSONNEL ACTIONS FULL-TIME ADMINISTRATIVE POSITIONS - 121 PART-TIME ADMINISTRATIVE POSITIONS - 55 FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4 FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23 APPOINTMENTS: EFFECTIVE NAME TITLE DEPARTMENT DATE SALARY TYPE SAVEY, Beverly Sr. Typist Social Svcs. 7/4/94 14,463 Perm FOOTE, Jayne Acct. Clerk Social Svcs. 5/3/93 14,371 Perm Typist (1994) HUSTED, Stacy Sr. Account Legislature/ 8/1/94 15,609 Prov Clerk Typist PELOW, Charlene Soc. Welfare Social Svcs. 8/15/94 16,641 Perm Examiner Cont BLANKENSHIP, M. Cleaner PT 8/5/94 5.00Hr NCC BLACK, Timothy Soc. Welfare Social Svcs. 8/8/94 16,641 Perm Examiner Cont NELSON, Susan Sr. Social Social Svcs. 7/4/94 17,945 Perm Welf. Exam. DARLING, Rhonda Deputy Comm. Social Svcs. 8/22/94 29,500 Perm SHANNON, C. Typist Home Health 8/10/94 7.4423 Prov (30 hrs./week) per hr. ---PAGE BREAK--- BOSSARD, Carol Director OFA 3/26/94 26,500 NCC ANGLEHART, D. Caseworker Social Svcs. 9/6/94 19,737 Perm CRAIG, Doris Exec. Sec'y. Civil Svce. 8/29/94 25,958 Exmt (Salary for new position to be determined) NAME TITLE DEPARTMENT DATE TEMPORARY: METRIS, Sherrie K. Typist Social Svcs. 8/1/94 VanALSTINE, Bernard Meal Deliverer OFA 6/22/94- 7/8/94 SAYER, Patrick Accounting Superv. Social Svcs. 8/29/94- (Provisional) Grade 11/30/94 LEAVES OF ABSENCE: WHEATON, Fred S. Auto. Mechanic Highway 7/18/94- (Disability) 8/15/94 OTHER: MOTZENBECKER, C. Soc. Welf. Exam. Social Svcs. 8/5/94 (Change in name from Rumsey) ROONEY, F. Joseph Probation Officer Probation 2/10/94 (Salary Adjustment) MITCHELL, Lola Director Youth Bureau 10/1/94- (Remain Full-Time) 12/31/94 RESIGNATIONS: JENSEN, Margaret Executive Sec'y. Civil Service 8/27/94 ---PAGE BREAK--- CRAIG, Doris J. Clerk of Legis. Legislature 8/26/94 DARLING, Rhonda RPT Director RPTA 8/19/94 KELLY, David Planning Director Planning 8/26/94 DRUMHELLER, David Staff Soc. Wkr. Mental Health 9/2/94 VonNEIDA, Kathy Home Health Aide Home Health 8/19/94 HAGADORN, Thomas Seasonal Laborer Highway 8/18/94 DEMONSTOY, Robert Inspector Asst. Watershed 8/19/94 BOSSARD, Carol Nut. Svcs. Coord. OFA 3/25/94 SAYER, Patrick Purchasing Spec. Treasurer 8/29/94 BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature. Vote: Passed 7-1 (No: Hastings) RESOLUTION NO. 382 Motion by Karius, second by Young RE: CREATE LINE ITEM/TRANSFER FUNDS - VETERANS SERVICE AGENCY WHEREAS, the Veterans Service Agency is in receipt of an invoice for advertising of the Director's position, and WHEREAS, the Veterans Agency budget does not contain a line item for advertising, nor have any monies available in the contractual line items to pay the aforementioned invoice, and WHEREAS, there is some excess money in the personal services account to pay for this expense. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to create an advertising line item, number 6510.402, in the Veterans Agency budget, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer $340.00 from account no. 6510.100 to account no. 6510.402. Vote: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 383 Motion by Halpin, second by Burnside RE: TRANSFER OF IMMUNIZATION GRANT FUNDS TO EQUIPMENT WHEREAS, the Public Health Office has $1,592 budgeted in 4010.400-4004 for billboard rentals which it will not use, and WHEREAS, the Public Health Office will need to furnish the waiting room and the immunization clinic rooms it will have in its new space. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the transfer of $1,592 from 4010.400-4004 to 4010.200-4004 for the purchase of waiting room and clinic room furniture. Vote: Passed 8-0. RESOLUTION NO. 384 Motion by Halpin, second by Burnside. RE: RESOLUTION IN SUPPORT OF H.R. 140 - "NO MONEY, NO MANDATES" WHEREAS, Schuyler County supports ending the practice of imposing unfunded federal mandates on State and Local Governments, and WHEREAS, Schuyler County believes that the Federal Government should pay the cost incurred by those governments complying with certain requirements under Federal statutes and regulations. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature requests that Congressman Amory Houghton support, H.R. 140 introduced January 5, 1993, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature request Congressman Houghton support Discharge Petition 25 so that this legislation can proceed to the House of Representatives for enactment. DISCUSSION: Chairman Franzese advised that Congressman Houghton is a sponsor of H.R. 140. Legislator Hastings asked if the Legislature can ask the Department Heads involved to review the legislation and give some feedback. Chairman Franzese said there was not time to do this. Legislator Hastings said she would be abstaining from voting. Legislator Young "called for the question". Vote: Passed 7-0. (Abstention: Hastings) RESOLUTION NO. 385 Motion by Halpin, second by Burnside. RE: APPROVE CORNING COMMUNITY COLLEGE FIVE YEAR CAPITAL PLAN ---PAGE BREAK--- WHEREAS, as sponsors for Corning Community College the County of Schuyler along with the Counties of Steuben and Chemung are authorized and directed to approve the five year capital plan for Corning Community College to be submitted to SUNY for funding, and WHEREAS, Corning Community College has submitted to this Legislature for its approval for submission to SUNY the following five year capital plan: PROJECT NUMBER 1995-96 07145 Phase I - Eliminate pedestrian/vehicular hazards by completing loop road along eastern campus perimeter and improving storm draining functionality. 280,000 07160 Phase II - Alterations and improvements to campus storm drainage system. 90,000 07144 Phase VII - Energy conservation improvements and lighting control. 66,000 07146 Phase I - Alterations and improvements to campus domestic and fire water supply system. 86,000 Installation of fiber optic networking cable. 340,000 Replace roof on old portion of Science Building. 206,000 TOTAL $1,068,000 1996-97 07182 Alteration and improvements to gymnasium, including new wellness center, replacement of bleachers ---PAGE BREAK--- and equipment; new addition for wrestling instructional area and storage and improvements to existing configuration. 1,500,000 TOTAL $1,500,000 1997-98 07161 Phase II - Alterations and improvements to campus road system including installation of curbing and re-surfacing to reduce hazards. 166,000 07161 Phase II - Alterations and improvements to campus road system including installation of curbing and re-surfacing to reduce hazards. 166,000 07169 Phase VI - Alterations for fire, safety and handicapped. 194,000 07153 Phase IV - Energy Conservation, reliability & safety improvements to heating plants and controls, including provisions of decentralized boilers in Classroom and Administration Buildings. 250,000 07155 Phase III - Energy Conservation - Lighting Control. 56,000 07159 Phase V - Alterations and safety improvements to campus parking lots - install security lighting and blacktop paving. 106,000 ---PAGE BREAK--- TOTAL $3,272,000 1998-99 07170 Phase III - Alterations and improvements to campus roads, install curbing and resurface for hazard abatement. 322,000 07196 Link Library, and Science Buildings, including a Study Lounge, additional Library Functional Areas, Lounges and Exit Corridor. 400,000 07191 Update campus communication system, including telephone and TV cable distribution. 70,000 07168 Phase VIII - Replace windows for energy conservation in physical plan complex. 44,000 07172 Phase III - Alterations and improvements to campus storm drainage system. 54,000 07201 Link Science to Nursing Building to include study lounges and exit corridor. 400,000 TOTAL $1,290,000 1999-2000 07171 Rehab. parking lots off Goff Road. 180,000 Construct Campus Recycling Center. 110,000 07195 Phase I - Alterations and improvements to campus sanitary sewer system. 166,000 07192 Alterations to and correction of deficiencies ---PAGE BREAK--- to offices and locker rooms in Gymnasium Building. 150,000 07197 Phase IV - Alterations and Improvements to campus road system, including installation of curbing. 200,000 07190 Alterations and improvements to Goff Road annex facilities, including lighting, finishes and fixtures in academic areas. 150,000 07198 Phase II - Alterations and improvements to campus domestic water systems. 110,000 07204 Phase IV - Alterations and improvements to campus road system, including installation of curbing. 166,000 Alterations to campus fire alarm system. 190,000 Auditorium. 3,000,000 TOTAL $4,422,000 Vote: Passed 8-0. RESOLUTION NO. 386 Motion by Halpin, second by Burnside. RE: AUTHORIZE CONTRACT WITH WADES TRUCKING, INC., TO PROVIDE JUNK MAIL COLLECTION SERVICES WHEREAS, the Schuyler County Legislature wishes to enter into a contract with Wade's Trucking, Inc., to provide junk mail collection. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to sign the contract for junk mail collection services provided by Wade's Trucking, Inc., at a cost of $2,400, to be funded from account no. 8160.361 for the period 9/12/94-9/11/95; subject to approval by the Schuyler County Attorney. RESOLUTION NO. 387 Motion by Young, second by Smith. ---PAGE BREAK--- RE: MOTION TO BRING FOUR RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that four resolutions be brought to the floor. Vote: Passed 7-0. RESOLUTION NO. 388 Motion by Young, second by Smith. RE: APPROPRIATE $75,000 SURPLUS - COUNTY ROAD FUND WHEREAS, Resolution No. 202-94 accepted the quote of $75,000 for the engineering services of Labella Associates, P.C. for inspecting seventeen (17) wooden bridges in Schuyler County, and WHEREAS, this was an unanticipated expense not included in the 1994 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to appropriate $75,000 of the County Road Fund surplus and increase appropriations for account nos. D5110.510 and D5120.525 by $23,200 and $51,800, respectively. RESOLUTION NO. 389 Motion by Smith, Second by Halpin. RE: RULES OF PROCEDURE MODIFICATION - ONE MONTH NOTICE WHEREAS, Resolution No. 426-92 amended the Schuyler County Legislature's Rules of Procedure to change the meeting place of the Legislature in order to have sufficient seating and handicapped accessibility to their meetings, and WHEREAS, the building project is complete and the new offices provide sufficient space and handicapped accessibility. NOW, THEREFORE, BE IT RESOLVED, that notice of the following modification of Rule 4 be, and hereby is, given pursuant to Rule 29 of said "Rules of Procedures," to wit: "RULE 4 PLACE AND TIME OF MEETINGS: All Regular Meetings shall be held in the Legislative Chambers in the County Office Building, 105 Ninth Street in Watkins Glen, New York and shall begin at the hour specified in these rules unless a different time and/or place is provided by a motion for adjournment or by the call for the meeting." DISCUSSION: Chairman Franzese thanked Building Maintenance Supervisor David Lisk and his staff for the extra effort in getting departments moved into the new addition in a timely fashion. Chairman Franzese announced that the next Regular Meeting of the Legislature will be held in the new addition. ---PAGE BREAK--- Vote: Passed 8-0. RESOLUTION NO. 390 Motion by Smith, second by Halpin. RE: ACCEPT/REJECT TAX AUCTION BIDS - AS AMENDED WHEREAS, the Schuyler County Treasurer is now holding tax deeds on certain properties which are three or more years delinquent in tax payments, and WHEREAS, the Schuyler County Legislature had contracted for the auction sale of these properties and such sale was conducted on September 10, 1994. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts, the following bids to wit: BIDDER'S NAME: Novak, Dawn & Jason BIDDER'S ADDRESS: 3404 VanVleet Road Watkins Glen, New York 14891 AMOUNT OF BID: $1,600.00 FORMER OWNER: Navestad, Paul PARCEL ID NUMBER: 801-2023-00 LOCATION: Tyrone BIDDER'S NAME: Principino, D.A. BIDDER'S ADDRESS: 4 Champeney Terrace Rochester, New York 14605 AMOUNT OF BID: $2,100.00 FORMER OWNER: Marvin, Elliot & Rose PARCEL ID NUMBER: 801-2036-01 LOCATION: Tyrone ---PAGE BREAK--- BIDDER'S NAME: Hetherington, Larry BIDDER'S ADDRESS: 216 E. South Street Montour Falls, New York 14865 AMOUNT OF BID: $1,500.00 FORMER OWNER: Navestad, Paul PARCEL ID NUMBER: 702-3008-00 LOCATION: Reading BIDDER'S NAME: Rhoads, Ronald BIDDER'S ADDRESS: 1528 County Route 19 Beaver Dams, New York 14812 AMOUNT OF BID: $575.00 FORMER OWNER: Scannella, John & Mary PARCEL ID NUMBER: 601-0399-00 LOCATION: Orange BIDDER'S NAME: LaRue, Gregory J. and Lisa M. BIDDER'S ADDRESS: 136 S. L'Hommedieu Street Montour Falls, New York 14865 AMOUNT OF BID: $14,000.00 FORMER OWNER: Mason, Hollis ---PAGE BREAK--- PARCEL ID NUMBER: 501-0771-00 LOCATION: Montour BIDDER'S NAME: York, Thomas A. BIDDER'S ADDRESS: 219 S. Catharine Street Montour Falls, New York 14865 AMOUNT OF BID: $1,250.00 FORMER OWNER: Kupfer, Betty Ann PARCEL ID NUMBER: 501-0758-00 LOCATION: Montour BIDDER'S NAME: Reynolds, David B. BIDDER'S ADDRESS: 67 Sapsucker Woods Road Ithaca, New York 14850 AMOUNT OF BID: $29,000.00 FORMER OWNER: Hasson Patricia PARCEL ID NUMBER: 401-5306-00 LOCATION: Hector BIDDER'S NAME: Harris, Michael E. BIDDER'S ADDRESS: 407 Robinson Street Elmira, New York 14904 ---PAGE BREAK--- AMOUNT OF BID: $8,750.00 FORMER OWNER: Harris, Albert & Mary Jane PARCEL ID NUMBER: 401-5163-03 LOCATION: Hector BIDDER'S NAME: Lane, Nina M. BIDDER'S ADDRESS: 3917 E. Route 96A Geneva, New York 14456 AMOUNT OF BID: $5,000.00 FORMER OWNER: Dence, Terry & Patricia PARCEL ID NUMBER: 401-1648-04 LOCATION: Hector BIDDER'S NAME: Smith, Virgil & Anna BIDDER'S ADDRESS: 3327 Beaver Dams-Moreland Rd. Montour Falls, New York 14865 AMOUNT OF BID: $900.00 FORMER OWNER: Kania, John PARCEL ID NUMBER: 303-3569-01 LOCATION: Dix BIDDER'S NAME: Ector, Randy ---PAGE BREAK--- BIDDER'S ADDRESS: 13 Dawnheath Drive Littleton, Colorado AMOUNT OF BID: $10,000.00 FORMER OWNER: Ector, Robert J. & Fledra PARCEL ID NUMBER: 303-3449-02 LOCATION: Dix BIDDER'S NAME: Fornwalt, Fred E. & M. Joann BIDDER'S ADDRESS: 300 N. Monroe Street Watkins Glen, New York 14891 AMOUNT OF BID: $1,300.00 FORMER OWNER: Schuyler County (DeSarno) PARCEL ID NUMBER: 101-0098-00 LOCATION: Catharine 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 8-0. RESOLUTION NO. 390A Motion by Hastings, second by Smith. RE: AMEND RESOLUTION NO. 390 ---PAGE BREAK--- BE IT RESOLVED, that Resolution No. 390 be amended by changing the former owner's name on the parcel bid by Patricia Hasson, Parcel ID No. 401-5306-00 to David B. Reynolds. Vote: Passed 8-0. RESOLUTION NO. 391 Motion by Young, second by Fitzsimmons. RE: TRANSFER OF FUNDS - PERSONAL SERVICES ACCOUNTS WHEREAS, transfer of departmental appropriations need to be made to adjust the contract negotiations completed after the 1994 budget was passed. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to make the following account transfers, to wit: FROM ACCOUNT NO. AMOUNT TO ACCOUNT NO. AMOUNT A 9950.900 46,638.00 A 1165.100 2,868.00 A 1170.100 2,000.00 A 1325.100 1,063.00 A 1410.100 4,248.00 A 1420.100 6,458.00 A 1430.100 3,745.00 A 1450.100 1,157.00 A 1620.100 800.00 A 3110.100 936.00 A 3140.100 4,251.00 A 3689.100 1,902.00 A 4050.100 2,032.00 A 6015.100 1,816.00 A 6772.100 4,000.00 ---PAGE BREAK--- A 9522.900 3,655.00 A 9524.900 5,707.00 Vote: Passed 8-0. REPORT ON STANDING COMMITTEES: Legislator Halpin announced there will be an Administrative Committee meeting on September 26, 1994 at 9:00 a.m. in which Jim Garrity, NYS Department of Civil Service, will be present and urged all legislators to attend. Legislator Hastings advised that the Agriculture Committee met for a presentation on the grape industry. They felt it was beneficial to push for agri-tourism. They will be meeting with the Chamber of Commerce and Cornell to discuss this topic. Legislator Hastings also advised that the Soil & Water Conservation Office remaining open is not looking good. The Federal Government is still pushing to close the office. Legislator Hastings then advised there would be a special Legislative Committee meeting to discuss the installment payment of back taxes on October 13th. She concluded by saying the Assessment & Taxation Committee will be interviewing Wednesday morning for the Real Property Tax Director. Legislator Young said that Eduardo Marti and Joseph Sartori of Corning Community College will present before the Legislature any time requested. Legislator Young suggested a separate meeting just for this item. Legislator Karius said the Human Services Committee wil be interviewing five candidates on September 14th for the Veterans Service Director Trainee position. UNFINISHED BUSINESS: None. NEW BUSINESS: It was announced that the Small Business Administration declared a disaster August 25th due to flood damage. Any farmers interested should see Rodney Malnoske at the Agriculture Stabilization Conservation Service. PUBLIC PARTICIPATION - 9:02 P.M.: Lory Peck congratulated Gail Willis on her appointment as Clerk to the Legislature. Mary Wilson thanked the Legislature for approving the Fiscal Manager position in the Mental Health Department. Public Participation was closed at 9:07 p.m. The meeting adjourned at 9:07 p.m. Gail M. Willis, Clerk SPECIAL MEETING SEPTEMBER 19, 1994 ---PAGE BREAK--- The September 19, 1994 Special Meeting of the Schuyler County Legislature was called to order at 4:00 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. ROLL CALL: All Legislators were present except Legislator Fitzsimmons, who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION - 4:02 P.M.: None. RESOLUTION NO. 392 Motion by Young, second by Smith. RE: RATIFICATION OF SPECIAL MEETING CALL 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. Possible purchase of microwave, digital radio system. 2. Appointment of Planning Director. 3. Set Special Meeting Date. 4. Transferring Appropriations for the Sheriff's Dept. DISCUSSION: Chairman Franzese asked to postpone the first item of business until the September 30, 1994 Special Meeting. We are still waiting for information from Motorola, Inc. Legislator Smith asked if waiting two more weeks would cause additional problems. Mr. Randolph, Emergency Management Coordinator advised that they have a temporary set-up that is giving adequate coverage. Sheriff Maloney expressed concern over quality of the equipment and the location of the vendor is cause of breakdown. It was noted that the Purchasing Department would be receiving two quotes from other possible vendors. After discussion, it was the consensus of the Legislature to have a Special Meeting on September 30th to act on the purchase of the digital radio system. Vote: Passed 7-0. RE: AUTHORIZE LEASE PURCHASE FOR RADIO SYSTEM - WITHDRAWN RESOLUTION NO. 393 Motion by Young, second by Burnside. RE: APPOINTMENT - DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT WHEREAS, David Kelly resigned his position as Director of Planning and Community Development effective August 26, 1994. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoint J. Frederick Caslick as Schuyler County Director of Planning and Community Development at an annual salary of $28,500, pending confirmation of Mr. Caslick's acceptance of the position. DISCUSSION: Legislator Young "called for the question". Vote: Passed 7-0. RESOLUTION NO. 394 Motion by Hastings, second by Smith. RE: SET SPECIAL MEETING DATE BE IT RESOLVED, that a Special Meeting of the Schuyler County Legislature be set for Friday, September 30, 1994 at 3:00 p.m. to be held in the Legislative Chambers for the following items of business: 1. Accept/Reject Bids for Parking Lot 2. Possible Appointment of Real Property Tax Director 3. Possible Lease Purchase of Radio System 4. Possible Appointment of Planning Director. DISCUSSION: Legislator Hastings advised that the Assessment & Taxation Committee agreed to ask the Legislature to act on the appointment of the Real Property Tax Director today. Legislator Smith asked Attorney Coleman if the Legislature could waive its Rules of Procedure to add another item of business to today's Special Meeting. Attorney Coleman advised affirmatively. Vote: Passed 7-0. RESOLUTION NO. 395 Motion by Smith, second by Karius. RE: WAIVE RULE NO. 3 OF SCHUYLER COUNTY LEGISLATURE'S RULES OF PROCEDURE WHEREAS, Rule No. 3 of the Schuyler County Legislature's Rules of Procedure state that Special Meetings of the Legislature can be held to conduct only the business specified in the notice of said meeting, and WHEREAS, this Legislature wishes to waive this rule in order to add one item of business. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that Rule No. 3 of the Schuyler County Legislature's Rules of Procedure be waived for this meeting only to add one item of business, as follows: - Appointment of Real Property Tax Director. Vote: Passed 7-0. RESOLUTION NO. 396 Motion by Karius, second by Young. RE: RESCIND RESOLUTION NO. 358-94/INCREASE APPROPRIATIONS AND REVENUES - SHERIFF'S DEPARTMENT WHEREAS, Resolution No. 358-94 has been determined to be inappropriate by the Department of Audit and Control. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 358-94 be, and hereby is, rescinded. Vote: Passed 7-0. The Chairman declared a recess at 4:55 p.m. The meeting reconvened at 5:05 p.m. RESOLUTION NO. 397 Motion by Hastings, second by Karius. RE: APPOINTMENT - REAL PROPERTY TAX AGENCY DIRECTOR WHEREAS, Rhonda Darling resigned her position as Real Property Tax Agency Director effective August 19, 1994. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoint Alfonso Fiorille as Schuyler County Real Property Tax Agency Director at an annual salary of $26,000, pending confirmation of Mr. Fiorille's acceptance of the position. Vote: Passed 7-0. PUBLIC PARTICIPATION - 5:08 P.M.: None. The meeting adjourned at 5:08 p.m. Gail M. Willis, Clerk SPECIAL MEETING SEPTEMBER 30, 1994 ---PAGE BREAK--- The September 30, 1994 Special Meeting of the Schuyler County Legislature was called to order at 3:00 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Burnside and followed by a Moment of Silence. ROLL CALL: All Legislators were present except Legislators Fitzsimmons, Halpin and Young, who were excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION - 3:02 P.M.: None. RESOLUTION NO. 398 Motion by Hastings, second by Smith. RE: RATIFICATION OF SPECIAL MEETING CALL BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. Accept/Reject Bids for Parking Lot 2. Possible Appointment of Real Property Tax Director - WITHDRAWN 3. Possible Lease Purchase of Radio System 4. Possible Appointment of Planning Director. Vote: Passed 5-0. RESOLUTION NO. 399 Motion by Burnside, second by Smith. RE: A RESOLUTION TO INCREASE THE MAXIMUM ESTIMATED COST FOR THE CONSTRUCTION OF AND ADDITION TO AND RECONSTRUCTION OF PORTIONS OF THE COURTHOUSE/COUNTY OFFICE BUILDING FACILITY WHEREAS, the County is in receipt of $53,109 as the result of a settlement with the architect for increased costs in the HVAC portion of the above-referenced capital project, and WHEREAS, the bids for the cost of removal of the Helfer House and the refurbishment of the parking lot have exceeded the original estimates. NOW, THEREFORE, BE IT RESOLVED, that the County Legislature approves the increase in maximum costs for this project which was previously funded by the issuance of $1,800,000 in serial bonds (Resolution No. 242, 6/14/93) and $268,648 in additional serial bonds (Res. 480,12/31/93) by $163,109.00 to a maximum estimated cost of ---PAGE BREAK--- $2,231,757. The funding to be from the $53,109 settlement referenced above and $100,000 from account 9950.900, transfers to Capital Fund included in the 1994 budget and up to $10,000 to be transferred from the Contingency account no. 1990.500 to transfer to Capital Fund. DISCUSSION: Legislator Smith asked what the balance in the Contingency Account would be after the adoption of this resolution and Treasurer Nancy Peters said it will leave $26,351 in said account. Vote: Passed 5-0. RESOLUTION NO. 400 Motion by Smith, second by Karius. RE: ACCEPT/REJECT BIDS FOR PARKING LOT PROJECT WHEREAS, the County has heretofore authorized advertising for bids for the county parking lot project, and WHEREAS, five bids were received and opened at a special Buildings and Grounds Committee meeting on September 28, 1994, with recommendation for acceptance/rejection being made by the architect of the project and the Buildings and Grounds Committee. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the architect and Buildings and Grounds Committee, that the Legislature accept the bid from R.C. Billings, Inc., Bath, NY in the amount of $158,007.00 for the county parking lot project, funding for same set forth by Resolution No. 399-94, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be authorized to execute an agreement with R.C. Billings for the aforementioned project work; subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the following bids be rejected: Fahs-Rolstom Paving Corp. $172,900 Binghamton, NY Painted Post Paving, Inc. $167,228 Painted Post, NY R.L. Callahan $170,600 Beaver Dams, NY ---PAGE BREAK--- A.L. Blades, Inc. $179,175 Hornell, NY. Vote: Passed 5-0. RE: A RESOLUTION AUTHORIZING THE PURCHASE AND/OR INSTALLATION OF FIRE, POLICE AND EMERGENCY MANAGEMENT COMMUNICATION/TRANSMISSION EQUIPMENT FOR THE COUNTY OF SCHUYLER, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $232,000, AND AUTHORIZING THE ISSUANCE OF $232,000 SERIAL BONDS OF SAID COUNTY TO PAY THE COST THEREOF - WITHDRAWN DUE TO LACK OF MAJORITY PRESENT RE: AUTHORIZE PURCHASE AGREEMENT WITH MOTOROLA, INC. FOR DIGITAL MICROWAVE SYSTEM - WITHDRAWN DUE TO LACK OF MAJORITY PRESENT Chairman Franzese announced a Special Meeting of the Legislature on October 4, 1994 at 7:00 p.m. to act on the financing and purchase of a digital radio system. RESOLUTION NO. 401 Motion by Burnside, second by Smith. RE: APPOINTMENT - DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT WHEREAS, David Kelly resigned his position as Director of Planning and Community Development on August 26, 1994. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoints Corry Buckwalter as Schuyler County Director of Planning and Community Development effective October 3, 1994 at an annual salary of $26,000. Vote: Passed 5-0. PUBLIC PARTICIPATION - 3:35 P.M.: Mike Myers welcomed the New York State Association of County Coroners who were having their annual conference in Watkins Glen. The meeting adjourned at 3:35 p.m. Gail M. Willis, Clerk SPECIAL MEETING ---PAGE BREAK--- OCTOBER 4, 1994 The October 4, 1994 Special Meeting of the Schuyler County Legislature was called to order at 7:00 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. ROLL CALL: All Legislators were present except Legislator Young. County Attorney Coleman was also present. PUBLIC PARTICIPATION - 7:01 P.M.: None. RESOLUTION NO. 402 Motion by Burnside, second by Karius. RE: RATIFICATION OF SPECIAL MEETING CALL 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. Financing and Purchase of Radio System. Vote: Passed 7-0. RESOLUTION NO. 403 Motion by Smith, second by Burnside. RE: A RESOLUTION AUTHORIZING THE PURCHASE AND/OR INSTALLATION OF FIRE, POLICE AND EMERGENCY MANAGEMENT COMMUNICATION/TRANSMISSION EQUIPMENT FOR THE COUNTY OF SCHUYLER, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $232,000, AND AUTHORIZING THE ISSUANCE OF $232,000 SERIAL BONDS OF SAID COUNTY TO PAY THE COST THEREOF BE IT RESOLVED, by the County Legislature of the County of Schuyler, New York, as follows: Section 1. The purchase and/or installation of fire, police and emergency management communication/transmission equipment for the County of Schuyler, New York, is hereby authorized at a maximum estimated cost of $232,000. Section 2. SEQR DETERMINATION: It is hereby determined that the aforesaid purpose constitutes a Type II Action under the SEQR regulations of the State of New York which will not have a significant impact upon the environment. Section 3. The plan for the financing of such maximum estimated cost is by the issuance of $232,000 serial bonds of said County, hereby authorized to be issued therefor pursuant to the Local Finance Law. ---PAGE BREAK--- Section 4. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 25 of paragraph of section 11.00 of the Local Finance Law. Section 5. The faith and credit of said County of Schuyler, New York, are hereby irrevocably 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 6. 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 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 7. 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 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 8. 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 9. 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 ---PAGE BREAK--- otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full in the Watkins Review & Express, the official newspaper of such County, together with a notice of the Clerk of the Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. DISCUSSION: Legislator Hastings "called for the question". Vote: Passed 7-0. RESOLUTION NO. 404 Motion by Karius, second by Smith. RE: AUTHORIZE PURCHASE AGREEMENT WITH MOTOROLA, INC. FOR DIGITAL MICROWAVE SYSTEM WHEREAS, this Legislature per Resolution No. 378-94 determined that a public emergency exists due to the failure of the county's radio system and waived the competitive bid requirements of General Municipal Law Section 103, subsection 4, and NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby accepts proposal letters dated September 12, 20 and 29, 1994 and Statement of Work as submitted on October 3, 1994 (as per attached) from Motorola, Inc. for a new digital, microwave radio system at a total cost of $232,000.00, funding for same set forth by Resolution No. 403, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be authorized to execute a purchase agreement with Motorola, Inc. for the following at the aforementioned cost: Microwave Radio 1 2 MWK17TYD1376A Telstar 6 GHz 4 DS1 NP, 4 DS1, Service Channel Interface Module, 7' Mounting Rack, 6' Antenna/Radome, Dryline Automatic Dehydrator, 125 AH Sealed Battery, 35 Amp Charger and Connector Kits. Channel Banks 2 2 MWMQ1001A Channel Banks (24 Channel), 7' Rack, Fuse & Alarm Panel, Test Patch Panel, Patch Cables, Channel Unit Card Extender, 25' M/F Telco Cable, 4-Wire E&M CSU, 2-Wire E&M CSU, 28 DS1 Cross Connect Panel and Connector Kits. Alarm Monitoring ---PAGE BREAK--- 3 2 F6799/F2491 Remote Analog Terminal, Master Station Interface, Desktop Master Central, Wireline Operation, Inkjet Printer and Service Manual. Communications Tower 4 1 UNR-ROHN SSV 100' Self Supporting Tower; subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be directed to sign the necessary license agreement, subject to approval by the Schuyler County Attorney, and the County Treasurer be authorized to pay $1,375 to Motorola, Inc. to effectuate the purchase order immediately, and BE IT FURTHER RESOLVED, attorney fees are to be transferred from Contingency account no. 1990.500 to Treasurer account no. 1325.435 and advertising costs to be transferred from Contingency account no. 1990.500 to Legislature account no. 1010.402. Vote: Passed 7-0. PUBLIC PARTICIPATION - 7:09 P.M.: None. The meeting adjourned at 7:09 p.m. Gail M. Willis, Clerk REGULAR MEETING OCTOBER 11, 1994 The October 11, 1994 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Smith and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present. ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: None. PUBLIC PARTICIPATION - 6:02 P.M.: None. RESOLUTION NO. 405 Motion by Burnside, second by Young. RE: APPROVE MINUTES OF THE AUGUST 8, 1994 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE ---PAGE BREAK--- BE IT RESOLVED, that the minutes of the August 8, 1994 Regular Meeting of the Schuyler County Legislature be approved. Vote: Passed 8-0. RESOLUTION NO. 406 Motion by Smith, second by Fitzsimmons. RE: AUTHORIZE PURCHASE/TRANSFER OF FUNDS - PROBATION WHEREAS, the Probation Department is in dire need of a two-drawer file cabinet for use in the clerical office for the work station in the new offices, and WHEREAS, there are no monies available in the 3140.212 line item of the departmental budget, but there are funds available in the 3140.431 line item. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $200.00 from account no. 3140.431 to account no. 3140.212 for the purchase of a two-drawer file for the Probation Department. Vote: Passed 8-0. RESOLUTION NO. 407 Motion by Smith, second by Fitzsimmons. RE: ACCEPT/REJECT BID - DSS SURPLUS VEHICLE WHEREAS, Resolution No. 304-94 authorized Schuyler County Department of Social Services to declare a 1989 Chevrolet Cavalier ID#161JC8117KJ252078 surplus and advertise the sale of said vehicle by bid, and WHEREAS, one bid was received and opened at the Human Services Committee meeting on September 16, 1994 at 1:30 p.m. and recommendation was made for the bid to be rejected. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Human Services Committee, this Legislature hereby reject the bid from Teresa Wodarski in the amount of $694.95 for the DSS surplus vehicle. Vote: Passed 8-0. RESOLUTION NO. 408 Motion by Smith, second by Fitzsimmons. RE: AUTHORIZATION TO EXTEND TWO TEMPORARY LABORERS FOR THE HIGHWAY DEPARTMENT WHEREAS, two per diem Laborer positions were created for the Highway Department per Resolution No. 95-93 and hired in July, 1994 for three months, and ---PAGE BREAK--- WHEREAS, temporary Laborers are needed through the end of the year to accomplish 1994 goals before the winter season and having highway committee approval. NOW, THEREFORE, BE IT RESOLVED, that two temporary Laborers time be extended through 12/31/94 with funding for such from Highway Maintenance Payroll account no. D5110.100 abiding by the contract at $7.00 per hour. Vote: Passed 8-0. RESOLUTION NO. 409 Motion by Karius, second by Burnside. RE: APPROVE SCHUYLER COUNTY YOUTH BOARD/BUREAU - COMPREHENSIVE PLANNING RESOURCE ALLOCATION PACKAGE FOR 1995 WHEREAS, the Schuyler County Legislature has established the Schuyler County Youth Board/Bureau, and WHEREAS, the Schuyler County Youth Board/Bureau has prepared a Comprehensive Planning Resource Allocation Package and recommends approval thereof, and WHEREAS, the Comprehensive Resource Allocation Package for 1995 has been presented to the Schuyler County Legislature. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the Schuyler County Youth Board/Bureau's Comprehensive Planning Resource Allocation Package for 1995, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to sign the Comprehensive Planning Resource Allocation Agreement and all other documents pertinent to the operations of the Schuyler County Youth Board/Bureau for the year 1995; subject to approval by the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 410 Motion by Karius, second by Burnside. RE: AUTHORIZE PURCHASE/TRANSFER OF FUNDS - SHERIFF'S DEPARTMENT WHEREAS, it is necessary to purchase two cameras and two monitors for the Schuyler County Jail at a cost not to exceed $2,600, and WHEREAS, sufficient monies are not available in the equipment account of the Schuyler County Jail. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $1,000 from account no. 3110.100 and $1,600 from account no. 3150.100 to account no. 3150.201 for the aforementioned purchase. Vote: Passed 8-0. RESOLUTION NO. 411 Motion by Karius, second by Burnside. RE: AMEND RESOLUTION NO. 360-94 RELATIVE TO CONTRACTING FOR DEVELOPMENT OF JAIL POLICIES/PROCEDURES WHEREAS, in addition to developing Jail Policies and Procedures, it is necessary to develop and implement other administrative functions at the Schuyler County Jail, and WHEREAS, it is desired that the Schuyler County Sheriff audit certain accounts and billings to make sure the Schuyler County Jail is receiving appropriate reimbursement and compensation from State and Federal agencies, and WHEREAS, Gordon Stevens has the experience as both a Chemung County Jail Administrator and Tompkins County Jail Administrator, and WHEREAS, this Legislature, per Resolution No. 360-94, authorized the Sheriff to engage Mr. Steven's for the performance of the development of the jail policies and procedures at a cost of $1,500, and WHEREAS, it is the recommendation of the Public Safety Committee that Mr. Steven's be retained for the aforementioned additional duties. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 360-94 be amended to include the aforementioned additional duties and increase the amount to be transferred from $1,500.00 to $3,000.00. Vote: Passed 7-1. (No: Halpin) RESOLUTION NO. 412 Motion by Young, second by Burnside. RE: CONTRACT WITH FREED MAXICK SACHS & MURPHY FOR ASSISTANCE WITH THE HOME HEALTH AGENCY'S APPEAL OF THE FINAL SETTLEMENT OF THE 1986 MEDICARE COST REPORT WHEREAS, the Home Health Agency's Medicare Intermediary in 1986, Empire Blue Cross & Blue Shield, adjusted the Home Health Agency's 1986 Medicare Cost Report and required the county to return $41,738 in 1986 Medicare revenue, and WHEREAS, the Home Health Agency appealed this determination in 1989 and has been following up on it since then, and ---PAGE BREAK--- WHEREAS, the Department of Health and Human Service's Provider Reimbursement Review Board (PRRB) in Baltimore, Maryland, scheduled an appeal hearing for approximately April 1995, and WHEREAS, the Home Health Agency's current Medicare Cost Report accountant, John Kropski, with Freed Maxick Sachs & Murphy, P.C., believes he may be able to assist the Home Health Agency resolve this appeal without going to a PRRB hearing in Baltimore, and WHEREAS, Freed Maxick Sachs & Murphy, P.C., will provide limited services at no cost to Schuyler County Home Health Agency in order to gain insight into this issue and provide a recommendation on the likelihood of resolving the matter prior to a hearing. Upon completion of the preliminary analysis, Freed Maxick Sachs & Murphy, P.C., would charge from $4,000 to $6,000 for further assistance in obtaining the amount in dispute without going to a PRRB hearing through negotiation with the Medicare Intermediary. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Freed Maxick Sachs & Murphy, P.C., to assist in the resolution of this appeal at a cost not to exceed $6,000, to be appropriated in the 1995 Home Health Agency budget, account no. 4010.490 and appropriate revenue account, for services in obtaining the amount in dispute on behalf of the county; subject to the approval of the Schuyler County Attorney upon completion of the engagement. Vote: Passed 8-0. RESOLUTION NO. 413 Motion by Young, second by Burnside. RE: TRANSFER OF FUNDS - LEGISLATURE WHEREAS, the allocation in the professional fees and services line item in the 1994 Legislative budget has been expended. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $2,000 from Contingency account no. 1910.500 to Legislative account no. 1010.435. DISCUSSION: Legislator Hastings requested the Clerk provide a summary of expenses for the 1010.435 account for the year. Vote: Passed 8-0. RESOLUTION NO. 414 Motion by Young, second by Burnside. RE: APPOINTMENT - COMPUTER COORDINATION COMMITTEE ---PAGE BREAK--- WHEREAS, the resignation of Margaret Jensen caused a vacancy in the Computer Coordination Committee membership, and WHEREAS, it is the recommendation of the Computer Coordination Committee that Gail Willis be appointed to fill this vacancy. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the appointment of Gail Willis to the Computer Coordination Committee effective immediately. Vote: Passed 8-0. RESOLUTION NO. 415 Motion by Halpin, second by Smith. RE: APPOINTMENT - MEDICAL SCHOLARSHIP COMMITTEE AND NEGOTIATING TEAMS WHEREAS, Doris Craig has resigned her position as Clerk of the Legislature, and WHEREAS, this has created a vacancy on both the Medical Scholarship Committee and Negotiating Teams wherein the Clerk of the Legislature normally serves. NOW, THEREFORE, BE IT RESOLVED, that this Legislature approve the appointment of Gail Willis, Clerk of the Legislature as follows: Medical Scholarship Committee Until 12/31/95 Administrative, Highway and Sheriff Association Negotiating Teams Until 12/31/95 Vote: Passed 8-0. RESOLUTION NO. 416 Motion by Halpin, second by Smith. RE: URGING THE NEW YORK STATE LEGISLATURE TO AMEND THE FREEDOM OF INFORMATION LAW - WITHDRAWN RESOLUTION NO. 417 Motion by Halpin, second by Smith. RE: DECLARE CHAIR SURPLUS - LEGISLATURE WHEREAS, a secretarial chair in the Legislative Office is no longer needed for public use, pursuant to County Law Section 215, and is needed in another county office. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that the Golden Manufacturing secretarial chair in the Legislative Office be, and hereby is, declared surplus. Vote: Passed 8-0. RESOLUTION NO. 418 Motion by Young, second by Hastings. RE: TRANSFER OF FUNDS - CIVIL SERVICE/PERSONNEL WHEREAS, one calculator in the Civil Service/Personnel Department is unable to be repaired and one calculator used in the office was the personal property of Margaret Jensen. NOW, THEREFORE, BE IT RESOLVED, that the unusable calculator be declared surplus, and BE IT FURTHER RESOLVED, that $160.00 be transferred from account no. 1430.409 to account no. 1430.200 for the purchase of two desk calculators as approved by the Administrative Committee. Vote: Passed 8-0. RESOLUTION NO. 419 Motion by Young, second by Hastings. RE: AUTHORIZE CHAIRMAN OF THE LEGISLATURE TO SIGN A CONTRACT WITH THE STAR-GAZETTE FOR ADVERTISING - CIVIL SERVICE/PERSONNEL WHEREAS, the Star Gazette has offered a contractual rate for 1400 lines of advertising per year which provides significant savings over the current rate paid, and WHEREAS, Schuyler County advertised 1,462 lines in 1992, 4279 lines in 1993, and 936 lines through August of 1994 in the Star-Gazette, and WHEREAS, a savings of several hundred dollars was possible if this contract is effective prior to September 25, 1994 because all of the September advertising would be billed at the lower rate, and WHEREAS, this contract has been approved by the Schuyler County Attorney and recommended by the Administrative Committee. NOW, THEREFORE, BE IT RESOLVED that this Legislature does authorize the Chairman of the Legislature to sign the contract with the Star Gazette effective September 23, 1994. Vote: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 420 Motion by Young, second by Hastings. RE: TRANSFER OF FUNDS - RECORDS MANAGEMENT WHEREAS, transfer of departmental appropriations need to be made to adjust the budget for the 1994/95 Local Government Records Management Improvement Fund Project. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $746.00 from account no. 1460.490-1463 to 1460.100-1463. Vote: Passed 8-0. RESOLUTION NO. 421 Motion by Smith, second by Burnside. RE: CREATE AND FILL ASSISTANT - MENTAL HEALTH WHEREAS, this Legislature has authorized the hiring of a Staff Social Worker, effective immediately, and recruiting efforts have been unsuccessful, and WHEREAS, an Assistant could provide many of the services currently provided by a Staff Social Worker and would also enhance our services, and WHEREAS, the Civil Service Commission has approved a duties statement and minimum qualifications and has titled said position as an Assistant and WHEREAS, funding is available in the 1994 county budget. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the creation of an Assistant position in the Mental Health Department, Grade XXVII, salary $23,690 for 1994 and authorizes the Director of Community Services to advertise and fill such position, effective immediately, with the understanding that the Staff Social Worker position will not be filled. Vote: Passed 6-2. (No: Hastings and Franzese) RESOLUTION NO. 422 Motion by Smith, second by Burnside. RE: AMENDMENT AND MODIFICATION OF RULE 4 OF COUNTY LEGISLATURE'S RULES OF PROCEDURE WHEREAS, notice of modification of Rule 4 of the Rules of Procedures as adopted January 13, 1992 was given in accordance with Rule 29. NOW, THEREFORE, BE IT RESOLVED, that Rule 4 be amended and modified effective immediately, as follows: ---PAGE BREAK--- "RULE 4 PLACE AND TIME OF MEETINGS: All Regular Meetings shall be held in the Legislative Chambers in the County Office Building, 105 Ninth Street in Watkins Glen, New York and shall begin at the hour specified in these rules unless a different time and/or place is provided by a motion for adjournment or by the call for the meeting." Vote: Passed 8-0. RESOLUTION NO. 423 Motion by Smith, second by Burnside. RE: AUTHORIZE PURCHASE/TRANSFER OF FUNDS FOR NETWORK CARDS - REAL PROPERTY TAX AGENCY WHEREAS, the County Office Building network requires the purchase of network cards for the new network system. NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the purchase of five network cards for the Real Property Tax Agency computers as approved by the Computer Coordination Committee, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $300.00 from account no. 1355.435 to account no. 1680.200, and $200.00 from account no. 1680.400 to account no. 1680.200 to pay for the aforementioned purchase. Vote: Passed 8-0. RESOLUTION NO. 424 Motion by Hastings, second by Young. RE: ADOPT 1994 EQUALIZATION RATES FOR 1995 TAXES WHEREAS, the State Board of Equalization and Assessment has established the County's equalization rates to be used in the apportionment of the 1995 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 1994 assessment rolls be adopted and the 1994 equalization rates for the general levy and apportionment from the State Board of Equalization and Assessment be entered into the minutes as follows: CATHARINE 43.63 CAYUTA 52.08 DIX 94.58 ---PAGE BREAK--- HECTOR 88.43 MONTOUR 44.28 ORANGE 53.83 READING 40.95 TYRONE 41.39 DISCUSSION: Chairman Franzese noted that the Real Property Tax Director will be researching the possibility of changing the process of setting equalization rates. Vote: Passed 8-0. RESOLUTION NO. 425 Motion by Hastings, second by Young. RE: APPOINTMENT - PRIVATE INDUSTRY COUNCIL WHEREAS, there is a vacancy on the Private Industry Council due to the resignation of Trudy Collins. NOW, THEREFORE, BE IT RESOLVED, that this Legislature approve the appointment of Stephen L. Miller to the Private Industry Council for the term October 1, 1994 through September 30, 1997. Vote: Passed 8-0. RESOLUTION NO. 426 Motion by Hastings, second by Young. RE: TRANSFER OF FUNDS - COUNTY CLERK WHEREAS, the funds allotted for telephone bills in the 1994 County Clerk budget have been expended due to an additional telephone line being added for Records Management, and WHEREAS, it is necessary to transfer funds to pay the telephone bills for the remainder of the year. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $800.00 from account no. 1410.232 to account no. 1410.439 to pay the telephones bills for the County Clerk's Office for the remainder of 1994. Vote: Passed 8-0. RESOLUTION NO. 427 Motion by Young, second by Karius. ---PAGE BREAK--- RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY DEPUTY SHERIFF'S ASSOCIATION WHEREAS, representatives of the County have engaged in Collective Bargaining with the Schuyler County Deputy Sheriff's Association, and WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years, 1995, 1996, and 1997 was reached with respect to employees in the Schuyler County Deputy Sheriff's Association, and WHEREAS, the agreement has been duly ratified by the employees of the aforesaid bargaining unit on August 18, 1994. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby ratify and approve of the terms and contents of said collective bargaining agreement between the County of Schuyler and the Schuyler County Deputy Sheriff's Association, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute the aforementioned agreement. Vote: Passed 8-0. RESOLUTION NO. 428 Motion by Young, second by Karius. RE: PERSONNEL ACTIONS FULL-TIME ADMINISTRATIVE POSITIONS - 121 PART-TIME ADMINISTRATIVE POSITIONS - 55 FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4 FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23 APPOINTMENTS: EFFECTIVE NAME TITLE DEPARTMENT DATE SALARY TYPE SPAULDING, B. Deputy PT Sheriff 9/8/94 7.55Hr Perm FOOTE, Robert Corrections Sheriff 9/16/94 6.85Hr Perm ---PAGE BREAK--- Officer PT COLLINS, Joyce Social Welf. Social Svcs. 12/6/93 16,641 Perm Examiner DICKENS, Sr. Social Social Svcs. 9/13/94 17,307 Perm Charlotte Welfare Examiner Cont APPOINTED OFFICIALS: WILLIS, Gail M. Clerk of Legislature 9/13/94- 21,955 Term Legislature 12/31/95 NAME TITLE DEPARTMENT DATE TEMPORARY: CLARK, Stanley Director of Veterans 9/26/94- Veterans Services 12/31/94 LEAVES OF ABSENCE: COLLINS, Joyce Soc. Welf. Exam. Social Svcs. 9/26/94 FORNEY, Judy Account Clerk Social Svcs. 9/9/94 RESIGNATIONS: ZEIGLER, Andrew Deputy Sheriff Sheriff 8/18/94 (End of Temporary Appointment) WYRE, John C. Cleaner PT 8/23/94 WILLIS, Gail M. Deputy Clerk Legislature 9/12/94 AMEIGH, Judy Services Aide OFA 10/21/94 BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature. Vote: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 429 Motion by Young, second by Karius. RE: EARLY INTERVENTION/INFANT-CHILD HEALTH ASSESSMENT PROGRAM GRANT - AUTHORIZE GRANT RENEWAL AND ESTABLISH BUDGET FROM 10/1/94 - 9/30/95 WHEREAS, Schuyler County has a contract with the New York State Department of Health to provide services for the Infant-Child Health Assessment Program and the state- mandated Early Intervention Program from October 1, 1991 through September 30, 1996, and WHEREAS, this contract is amended annually to establish each grant year's budget, and WHEREAS, the county needs to establish a budget from October 1, 1994 through September 30, 1995 in order to continue services without interruption, and WHEREAS, the Public Health Office anticipates that the New York State Department of Health will continue to fund the grant at least at the 1993-94 level of $30,318. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an amendment to this agreement with the New York State Department of Health from 10/1/94 - 9/30/95, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED that the 1994-95 EIP/ICHAP budget be established from 10/1/94 - 9/30/95 as follows: $20,000 to account no. 4010.100-4011 - Personal Service $ 500 to account no. 4010.201-4011 - Misc. Equipment $ 500 to account no. 4010.208-4011 - Computer Equipment $ 200 to account no. 4010.402-4011 - Advertising $ 500 to account no. 4010.430-4011 - Mileage $ 500 to account no. 4010.431-4011 - Office Supplies $ 500 to account no. 4010.435-4011 - Professional Fees $ 500 to account no. 4010.466-4011 - Staff Development $ 7,118 to account no. 4010.489-4011 - Fringe Benefits $30,318 TOTAL EXPENSES ---PAGE BREAK--- $30,318 to grant revenue account no. 4010.3401-4011 Vote: Passed 8-0. RESOLUTION NO. 430 Motion by Young, second by Karius. RE: APPOINTMENT - DIRECTOR OF VETERANS SERVICES TRAINEE WHEREAS, the contract with Yates County for Director of Veterans Services services has expired and the county has made arrangements for temporary coverage until such time a fully-trained Director is in place. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the appointment of Sidney Loeffler as Director of the Veterans Services Trainee for fourteen (14) hours per week at an hours rate of $9.30 effective October 13, 1994. Vote: Passed 8-0. RESOLUTION NO. 431 Motion by Young, second by Smith. RE: URGING POSTAL RATE REDUCTION FOR LOCAL TAXPAYERS PURSUANT TO ARTICLE 5 OF THE COUNTY LAW OF THE STATE OF NEW YORK - FAILED WHEREAS, the U.S. Postal Board of Governors has approved an across-the-board rate increase for postage which, if approved, would push the cost of a first-class stamp from 29 cents to 32 cents, and WHEREAS, such an increase will serve as an additional financial burden on the taxpayers of all local governments throughout the United States, and WHEREAS, the proposed increase for all postal rates of mailing for Schuyler County Government would result in an approximate 9% postal increase to taxpayers, and WHEREAS, the National Association of Counties (NACo) has unanimously approved a resolution renewing and reaffirming its previous position for postal rate reduction for local taxpayers by the means of the development of a "Not-for Profit" Postal Rate for local government mandated mailing services such as tax notices, voter registration ballots and payments, welfare payments, jury service notices and payments, utility bills, and all other related services mandated for mailing to local taxpayers and for items mailed for the Federal Government. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby join the National Association of Counties (NACo) in calling on the U.S. Postal Board of Governors for a reduction of costs to local taxpayers by means of the ---PAGE BREAK--- development of a "Not-for-Profit" Postal Rate for local government mandated mailing services and items mailed for the Federal Government, and BE IT FURTHER RESOLVED, this Legislature calls on members of the United States Congress from Schuyler County and the State of New York to help prevent this ever rising liability to the taxpayers due to the continual increase in postal rates, and therefore, the potential tax increases at the local level, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to United States Senators Alfonse D'Amato and Daniel P. Moynihan; Congressman Amory Houghton, Jr.; H. Carl McCall, Comptroller of New York State; the New York State Association of Counties and the Inter-County Association of Western New York. Vote: Failed 4-4. (No: Smith, Fitzsimmons, Hastings, and Karius) RESOLUTION NO. 432 Motion by Young, second by Smith. RE: TRANSFER OF FUNDS - PERSONAL SERVICES ACCOUNTS WHEREAS, there is a need to transfer appropriations to cover increases in salary and the payment of vacation days not addressed in Resolution No. 391-94. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to make the following account transfers: From Amount To Amount 9950.900 $2,663.00 1430.100 $2,450.00 6610.100 213.00 Vote: Passed 8-0. RESOLUTION NO. 433 Motion by Halpin, second by Karius. RE: AUTHORIZE CHANGE ORDER P-4/CONTRACT WITH COLLINS & WALTON PLUMBING & HEATING CONTRACTORS, INC. WHEREAS, the architect is in receipt of plumbing contractors' proposal letter dated 9/6/94 to furnish and install all labor and material for removal, relocation and replacement of sanitary, vent & water lines due to needle pinning operation in the area of the Boiler Room, and WHEREAS, the Building Project Committee recommends authorization thereof as follows: ---PAGE BREAK--- P-4 Original Contract Sum $ 76,000.00 Net Change by Previous Orders 2,336.00 Contract Sum Prior to this Change Order 78,336.00 Contract Sum will be Increased by: 1,822.00 New Contract Sum Incl. this Change Order 80,158.00 NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Building Project Committee, this Legislature accepts said Change Order; subject to approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 434 Motion by Halpin, second by Karius. RE: AUTHORIZE PURCHASE OF PRINTER/TRANSFER OF FUNDS - TREASURER'S OFFICE WHEREAS, the Treasurer's Office is requesting permission to purchase a sole source Laser Form System, PL4016 which will print the accounts payable and payroll checks on plain check stock, the MICR bank code and signature with capacity to duplex, and WHEREAS, the purchase price is $8,564 plus shipping of approximately $100, and WHEREAS, there is $4,200 in the 1994 Central Data Processing budget 1680.246 for a laser printer, $646 in Treasurer's account no. 1325.100, $2,000 in Treasurer's account no. 1325.435, leaving a balance of $1,818 that is requested from Contingency account no. 1990.500. NOW, THEREFORE, BE IT RESOLVED, that the Treasurer's Office is authorized to purchase the Laser Form System referenced above and transfer funds as follows: $646 from account no. 1325.100 to account no. 1680.246 $2,000 from account no. 1325.435 to account no. 1680.246 $1,818 from account no. 1990.500 to account no. 1680.246. Vote: Passed 8-0. ---PAGE BREAK--- REPORT ON STANDING COMMITTEES: Legislator Halpin noted that at the last Administrative Committee meeting they had a presentation from the Director of the State Civil Service Department, which was very interesting. She advised that the presentation was taped and asked any legislator who did not attend to listen to the tape and get their comments back to her. She concluded by saying that the Director gave the County some alternatives, however he felt the current system is working well. Legislator Hastings gave a report on the agricultural agencies, as follows: Rod Malnoske, ASCS Office, said the CRP payments for our county this year are $44,343. The ACP Program has been cut in half for 1995. In 1995, crop insurance will be required for farmers who participate in any USDA programs. The ASCS Offices across the state were all sent a FAX machine except those slated for closing. Needless to say, Schuyler County did not receive a FAX machine, nor did it receive a notice of closure. Willie Pittman, SCS Office will be getting appropriate hardware to lead us to the "Cluster System". Our main office for the cluster will be in Bath. This is suppose to eliminate some of the middle management. Tom Brace, SWCD, took the test for Certified Professional Erosion Control Specialist and passed. Lloyd and George both passed the test for Certified Crop Advisors. Tom is working on the Storm Water Management Program for the Village of Montour Falls. He will also be meeting with someone from Cornell to discuss the issue of the proposed pipe corridor NYSEG is planning and what impact it will have on the farm community. Marion Boyce, Grange, said there will be 300-400 members attending their State Convention in Cortland. Elaine Cooperative Extension, is developing a pilot Agricultural Tour or "Farm Trail" program in Schuyler County for the summer of 1995. The Agriculture Committee will work with the Chamber of Commerce, local Bed and Breakfast Inns, motels and ecotourism group on this. A questionnaire is being sent to the farmers for their suggestions. Legislator Hastings also advised that Alfonse Fiorille, the new Real Property Tax Director, is in office and doing a good job. She also reminded the legislators that there is a special Legislative Committee meeting scheduled for October 13th at 3:00 to discuss the installment payment of back taxes. Legislator Burnside thanked Legislator Halpin for her outstanding work as Chairman of the Building Project Committee. Legislator Hastings suggested that past legislators involved in the building addition project be invited to the open house. Legislator Young said the new Director of Planning and Community Development, Corry Buckwalter, is on board. Legislator Fitzsimmons reminded the legislators of the October 18th special Legislative Committee meeting with Corning Community College President Eduardo Marti. He also noted he wanted the Legislature to look into loan programs for the Medical Scholarship program versus the current system. Legislator Halpin said the budget review workshops start October 24th and the schedule went out today. Legislator Young said there would be a special Highway Committee meeting on October 17th at 1:00 regarding bridges. Legislator Smith advised he would not be able to attend the Highway meeting and asked for a copy of the minutes. Legislator Karius noted that on October 20th at 7:00 p.m. there would be a "State of the Family" presentation. She further advised that the Veterans Director Trainee will be going for training from October 17-21 in Albany and October 28-29 in Syracuse. UNFINISHED BUSINESS: Chairman Franzese confirmed with Legislator Burnside that the new parking lot has appropriate provisions for handicapped parking. ---PAGE BREAK--- NEW BUSINESS: Chairman Franzese polled the legislators for a meeting date with Ronald Mendrick. It was decided to have a special Legislative Committee meeting on October 19th at 6:30 p.m. Legislator Smith stated for the record, "I have recently had two memos from the Legislative Office and Ruth Young informing me of meetings to be held by the Democrats with various democratic dignitaries. I do not believe that this is the proper forum for partisan politics and would request that future memos announcing your meetings be done outside of County premises on your own time and at your own cost." PUBLIC PARTICIPATION - 7:51 P.M.: Tom Ryan expressed concern over the removal of NYS Police patrols. MOTION by Young, SECOND by Smith to direct the Chairman of the Legislature to investigate reduced State Police coverage for Schuyler County and oppose same on behalf of the Legislature. Motion carried eight ayes to zero noes. Public Participation was closed at 7:53 p.m. The meeting adjourned at 7:53 p.m. Gail M. Willis, Clerk REGULAR MEETING NOVEMBER 14, 1994 The November 14, 1994 Regular Meeting of the Schuyler County Legislature was called to order at 6:32 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Fitzsimmons and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present. ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced two emergency resolutions by title. PUBLIC PARTICIPATION - 6:40 P.M.: Duane Spilde, Director of Mental Health, on Introduction Number 18, would like to up the amount to $1,756; increasing both expenditure and revenue. Hazel Shader voiced her concerns over the welfare system. She feels that people on welfare should get jobs be they menial or not. Her feeling is that if we continue to give them money that they will stay on welfare. She feels that young single mothers should support their children by themselves. Hazel believes that the tax system should change; why should people who pay their taxes pay for the individuals who do not. Lory Peck questioned the status of the contract with the county employees. He was told that it was signed. He also wanted to know the status of the deferred compensation plan. He was informed that it was being processed and that letters would be going out with the paychecks. He also felt that there is a conflict with this county and other counties concerning state income tax. Tom Ryan questioned the tax stand right now. He also wondered how many foster homes were in the county. Mr. Ryan was ---PAGE BREAK--- advised that there are 7 foster homes. Casey Creamer gave some suggestions on how the county could better spend money; Acoustics in the Legislative Chambers could be improved, Should have carpet and wall hangings in the Chambers, and Seating arrangements for audience could be better by using tables for the Legislators instead of desks. Hazel Shader asked Nancy Peters about the listings in the paper about the selling of properties. Nancy said it is just a certificate stating that the County will be purchasing the property. Tom Ryan stated that on the certificate it should state at the beginning instead of at the end that the County is purchasing the property. Casey Creamer said that he felt the advertisement of selling property is a good investment. RESOLUTION NO. 435 Motion by Burnside, second by Young. RE: INTRO. NO. 3/LOCAL LAW NO. 5 OF THE YEAR 1994 REGARDING INSTALLMENT PAYMENT OF PAST DUE REAL ESTATE TAXES WHEREAS, the Laws of the State of New York have been amended to allow payment of past due property taxes by installment, and WHEREAS, Section 1184 of the Real Property Tax Law (RPTL) authorizes certain terms to be set for such repayment. NOW, THEREFORE, BE IT RESOLVED, that proposed Local Law Intro. No. 3/Local Law No. 5 of the year 1994 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 schedule a public hearing to be held on December 12, 1994 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. 5 of 1994 entitled "A Local Law Regarding Installment Payment of Past Due Real Estate Taxes". INTRO. NO. 3/LOCAL LAW NO. 5 OF THE YEAR 1994 A Local Law Regarding Installment Payment of Past Due Real Estate Taxes. PURSUANT to the provision of Section 1184 of the Real Property Tax Law (RPTL) regarding installment payments, the Schuyler County Legislature hereby elects to authorize the Schuyler County Treasurer to collect delinquent taxes in the manner authorized under Section 1184 of the RPTL and under the following specific terms: A. All properties in the district are eligible; B. The required down payment shall be ten percent C. The required payment schedule shall be ---PAGE BREAK--- D. The term of repayment shall be up to twenty-four (24) months; E. The rate of interest on unpaid balances shall be twelve percent (12%) APR or such other rate as may be established from time to time by State Law; F. All other terms shall be consistent with Section 1184 of the RPTL. G. This Local Law shall become effective on December 31, 1994. Vote: Passed 7-1 (No: Halpin) RESOLUTION NO. 436 Motion by Young, second by Halpin. RE: INTRO. NO. 4/LOCAL LAW NO. 6 OF THE YEAR 1994 REGARDING REDEMPTION PERIOD FOR TAXES BECOMING LIENS DURING 1995 AND 1996 WHEREAS, the Laws of the State of New York regarding enforcement of real property tax liens have been significantly amended, and WHEREAS, Title 3 of Article 11 of the Real Property Tax Law (RPTL) provides that the applicable redemption period for all liens, unless otherwise provided for by Local Law, is two years commencing upon liens effective January 1, 1995 and thereafter, and WHEREAS, Chapter 532 of the Laws of the State of New York, Section 11 provides for a two year phase-in of the applicable redemption period, and WHEREAS, the current redemption period in Schuyler County is three years. NOW, THEREFORE, BE IT RESOLVED, that proposed Local Law Intro. No. 4/Local Law No. 6 of the year 1994 in the form hereto annexed, is hereby introduced pursuant to Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature schedule a public hearing to be held on December 12, 1994 at 7:15 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. 6 of 1994 entitled "A Local Law Regarding Redemption Period for Taxes Becoming Liens During 1995 and 1996". INTRO. NO. 4/LOCAL LAW NO. 6 OF THE YEAR 1994 A Local Law Regarding Redemption Period for Taxes Becoming Liens During 1995 and 1996. PURSUANT to Section 11 of Chapter 532 of the Laws of the State of New York, the Legislature of the County of Schuyler hereby elects that with regard to taxes which become liens during the years 1995 and 1996, that the redemption period for all property ---PAGE BREAK--- is hereby increased to three years after the applicable lien date. This Local Law shall become effective on December 31, 1994. DISCUSSION: Legislator Hastings stated that if we go to 3 years, that it will be 4 years before property is foreclosed upon. It is that much longer that interest accumulates. Chairman Franzese clarified that the county already has a 3-year redemption period, this resolution does not change the redemption period. Vote: Passed 7-1. (No: Hastings) RESOLUTION NO. 437 Motion by Young, second by Halpin. RE: AUTHORIZE THREE (3)-YEAR BUYOUT WITH CAT FINANCE OF LEASED EQUIPMENT - HIGHWAY WHEREAS, the Schuyler County Highway Department has been leasing four pieces of highway equipment per Resolution 202, 5/11/87 (2 Tandem Dump Trucks), Resolutions 458, 459, 11/13/89 (2 Loaders), which it wishes to buy-out, and WHEREAS, the Schuyler County Highway Superintendent and the Highway Committee have recommended these two tandem dump trucks and two loaders be purchased under a CAT FINANCE buyout of three annual payments of $52,940 each, totalling $158,820.00 with an interest rate of 6% for all. At which time the third payment has been made to CAT FINANCE, the four pieces of highway equipment will be owned by Schuyler County Highway Department. NOW, THEREFORE, BE IT RESOLVED, that said authorization is effective pending the County Attorney's approval of the agreement. Vote: Passed 8-0. RESOLUTION NO. 438 Motion by Young, second by Halpin. RE: TRANSFER OF FUNDS - WEIGHT AND MEASURES WHEREAS, the Weights and Measures Department prescription scale test kit is from the apothecary system, and WHEREAS, this system is obsolete and replaced by the metric system. NOW, THEREFORE, BE IT RESOLVED, that the Director of Weights and Measures be authorized to purchase a metric kit at a cost of $123.00 and $23.00 be transferred from account no. 6610.0426 (Maintenance of Equipment) to account no. 6610.200 (Equipment) to afford such purchase. Vote: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 439 Motion by Young, second by Halpin. RE: APPOINTMENT OF DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT TO VARIOUS BOARDS WHEREAS, Corry Buckwalter has replaced David Kelly as Director of Planning and Community Development. NOW, THEREFORE, BE IT RESOLVED, that this Legislature approve the appointment of Corry Buckwalter to the following boards to fill the vacancy created by David Kelly: REGIONAL HOUSING COUNCIL To complete remaining term ending 12/31/94 SOUTHERN TIER CENTRAL REGIONAL PLANNING AND DEVELOPMENT BOARD To complete remaining term ending 12/31/95 ENVIRONMENTAL MANAGEMENT COUNCIL To complete remaining term ending 12/31/95 PLANNING COMMISSION To complete remaining term ending 12/31/94. Vote: Passed 8-0. RESOLUTION NO. 440 Motion by Karius, second by Smith. RE: AUTHORIZE TRANSFER OF FUNDS - CENTRAL DATA PROCESSING WHEREAS, two network workstations are in need of a memory upgrade and, WHEREAS, it is the recommendation of the Assessment and Taxation committee that funds be transferred to pay for this upgrade. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to transfer $450.00 from account no. 1680.400 to account no. 1680.200 to pay for the aforementioned memory upgrade. Vote: Passed 8-0. RESOLUTION NO. 441 Motion by Karius, second by Smith. RE: TRANSFER OF FUNDS - DISTRICT ATTORNEY WHEREAS, the District Attorney's Office did not anticipate having to fund expenses for a trial in the 1994 budget. ---PAGE BREAK--- NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to transfer $16,162 from Contingency account no. 1990.5 to District Attorney account no. 1165.443 to cover the aforementioned expenses. Vote: Passed 8-0. RESOLUTION NO. 442 Motion by Karius, second by Smith. RE: AMEND RESOLUTION FOR ESTABLISHING REVISED 1994 BUDGET ACCOUNTS - OFFICE FOR THE AGING WHEREAS, the Schuyler County WRAP program has allocated additional funding for the purpose of obtaining a van for services, and WHEREAS, the monies from this program were approved later than the original budget information. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to add $3500.00 to account no. 6772.200 and Revenue account no. 001-6772-4772-0000. Vote: Passed 8-0. RESOLUTION NO. 443 Motion by Smith, second by Burnside. RE: AUTHORIZE EISEP CONTRACT - OFFICE FOR THE AGING WHEREAS, the Schuyler County Legislature has authorized the Schuyler County Office for the Aging to enter into contract with the Chemung County Office for the Aging to administer the EISEP funds, and WHEREAS, this program is scheduled to begin January of 1995. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute a contract with Chemung County for the EISEP Program at a cost of $58,500.00 for the year 1995; subject to approval by the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 444 Motion by Smith, second by Burnside. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR VEHICLE - OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging services van was purchased in 1989, the repair bills are increasing, and the oldest van was recently taken off the road, and ---PAGE BREAK--- WHEREAS, sufficient funds are available due to carry-over and extra NYS and Federal funding. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Office for the Aging be authorized to, through the County Purchasing Department, receive bids for a new van before the end of 1994, and BE IT FURTHER RESOLVED, that we may use the van taken off the road as trade-in toward the new van. Vote: Passed 8-0. RESOLUTION NO. 445 Motion by Smith, second by Burnside. RE: TRANSFER OF FUNDS - VETERANS SERVICE AGENCY WHEREAS, the Director Trainee for the Veterans Service Agency was required to attend training, which was not budgeted for in the 1994 budget; funds were taken out of account no. 6510.430 for the purposes of travel and room and board; this account is now short. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer from Contingency account no. 1990.5 the amount of $350.00 to the Veterans Service Agency account no. 6510.430. DISCUSSION: Legislator Hastings felt we should add a statement explaining that funds are being reinstated in the line item for training of the Director. Vote: Passed 8-0. RESOLUTION NO. 446 Motion by Young, second by Burnside. RE: FAMILY FOSTER CARE RATES - DEPARTMENT OF SOCIAL SERVICES WHEREAS, New York State Department of Social Services has increased the maximum state aid rates for foster care. NOW, THEREFORE, BE IT RESOLVED, to adopt the following foster care rates effective January 1, 1995: FAMILY FOSTER CARE AGE GROUP FROM TO DAILY (MSAR) 00-05 $294 $306 $10.20 $382 ---PAGE BREAK--- 06-11 331.50 345 11.50 459 12 and up 387 402 13.40 530 Special 592.50 616.50 20.55 914 Exceptional 875.40 910.50 30.35 1385 BE IT FURTHER RESOLVED, that the clothing allowance be adopted effective January 1, 1995 as follows: AGE 3 INSTALLMENTS GROUP FROM TO (AUG, DEC, APR) (MSAR) 00-05 $300 $312 $104 $316 06-11 420 438 146 442 12-15 645 672 224 685 16 and up 795 825 275 838 Diaper Allowance (Age 0 - 3) $45.00 (no change) (MSAR - $49.00) Vote: Passed 8-0. RESOLUTION NO. 447 Motion by Young, second by Burnside. RE: TRANSFER OF FUNDS - LEGISLATURE WHEREAS, the allocation in the professional fees and services line item in the 1994 Legislative budget has been expended, and WHEREAS, the county is currently in receipt of and is anticipating more invoices for professional services. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $3,214.23 from Judgments and Claims account no. 1930.400 to Legislative account no. 1010.435. Vote: Passed 7-1. (No: Hastings) RESOLUTION NO. 448 Motion by Young, second by Burnside. RE: ACKNOWLEDGE APPOINTMENT - DEPUTY CLERK OF THE LEGISLATURE ---PAGE BREAK--- WHEREAS, there is a vacancy in the Deputy Clerk of the Legislature position due to a promotion. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledges the appointment by Gail M. Willis, Clerk of the Legislature, of Diane M. Cook, as Deputy Clerk of the Legislature at a salary of $20,000.00 effective November 3, 1994 for the remainder of the term ending December 31, 1995. Vote: Passed 8-0. RESOLUTION NO. 449 Motion by Halpin, second by Fitzsimmons. RE: DEDICATION OF 1994 PROCEEDINGS WHEREAS, it has been the custom to give tribute in the printed Proceedings of the Schuyler County Legislature to those who deserve 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 1994" contain a tribute to Richard Cole, Shirley King, Margaret Jensen, Edward Wolak, and Gardner. DISCUSSION: Legislator Smith questioned the wording "any other appropriate person" and asked that it be struck from the resolution. Chairman Franzese stated that if anyone would like to add someone, an amendment would be necessary. Legislator Smith stated he would like to add Gardner. Vote: Passed 8-0. RESOLUTION NO. 450 Motion by Halpin, second by Fitzsimmons. RE: AMEND RESOLUTION 94-55 - SCHUYLER ARC - MENTAL HEALTH WHEREAS, the State Aid approved for Schuyler ARC for 1994 exceeds the amount previously requested and approved in this year's contract. NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the aforementioned amended agreement and increased appropriation of $1,756.00 to accounts 4310.3490 and 4322.504. It is understood that no additional County monies will be involved in this transaction. Vote: Passed 7-0. (Abstention: Smith-due to employment with ARC) RESOLUTION NO. 451 Motion by Halpin, second by Fitzsimmons. ---PAGE BREAK--- RE: AGREEMENT - NEW YORK STATE DEPARTMENT OF HEALTH GRANT: 89- 313 FUNDING FOR THE EARLY INTERVENTION PROGRAM WHEREAS, the New York State Department of Health has awarded Schuyler County a grant in the amount of $3,319 to support the Early Intervention Program from 10/1/94 through 9/30/95. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an agreement with the New York State Department of Health in the amount of $3,319 for the provision of early intervention services from 10/1/94 through 9/30/95, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the budget for this grant be established as follows: $2,500 4010.100-4007 E.I. 89-313 Personal Services $ 819 4010.489-4007 E.I. 89-313 Fringe Benefits $3,319 TOTAL $3,319 4010.3401-4007 Grant Revenue Vote: Passed 8-0. RESOLUTION NO. 452 Motion by Halpin, second by Karius. RE: TRANSFER LEAD GRANT FUNDS FROM 4010.100-4012 TO 4010.208-4012 WHEREAS, the New York State Department of Health notified the Public Health Office that it would need to upgrade its Lead Grant computer by increasing its memory, and WHEREAS, the estimated cost for this upgrade, not to exceed $300, is not currently budgeted, but sufficient grant funds are available in the .100 account for this upgrade, and WHEREAS, the Computer Coordination Committee and Consultant approve of this upgrade. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $300 from 4010.100-4012 to 4010.208-4012 for the aforementioned purchase. Vote: Passed 8-0. RESOLUTION NO. 453 Motion by Halpin, second by Karius. ---PAGE BREAK--- RE: CREATE ADMINISTRATIVE COORDINATOR OF SPECIAL PROGRAMS POSITION IN THE PUBLIC HEALTH OFFICE WHEREAS, the Public Health Office has several state-mandated special programs under its jurisdiction, such as the Early Intervention Program, the Infant-Child Health Assessment Program, the Preschool Special Education Program, and the Physically Handicapped Children's Program, and WHEREAS, these programs have expanded substantially in the last few years, and WHEREAS, the Treasurer's Office has been responsible for performing duties related to the Preschool Special Education Program, and WHEREAS, it would be more appropriate if the Public Health Office took over these duties because the Public Health Office performs the other duties of the Preschool Special Education program, and because the Public Health Office can obtain some state reimbursement for doing so, and WHEREAS, the Civil Service Commission has reviewed the duties of a new position who would perform administrative functions for all of the special programs and have titled this position "Administrative Coordinator of Special Programs" with a grade level of XIII. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby creates the position of Administrative Coordinator of Special Programs in the Public Health Office at grade level XIII with a salary of $16,512, effective 1/1/95. Vote: Passed 8-0. RESOLUTION NO. 454 Motion by Halpin, second by Karius. RE: AUTHORIZE HOME HEALTH AGENCY CONTRACT WITH GWEN WHITING FOR PHYSICAL THERAPY SERVICES WHEREAS, the Home Health Agency wishes to enter into a contract with Gwen Whiting to provide physical therapy services at the rate of thirty dollars per hour ($30.00/hour), plus mileage reimbursement at the rate of $.28 per mile from November 1, 1994 through October 31, 1995. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Gwen Whiting, Inc., for physical therapy services at the above referenced terms; subject to the approval of the Schuyler County Attorney. Vote: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 455 Motion by Smith, second by Burnside. RE: TRANSFER OF FUNDS - WATERSHED WHEREAS, Resolution #247 of the June 13, 1994 Regular Meeting of the Schuyler County Legislature authorized the Treasurer to create line item .435- Professional Fees and Services in the Watershed Budget to execute a contract with Fagan Engineers for a generic alternative system design to obtain a local waiver from the New York State Health Department and transfer $1,000 from 4050.444- Vehicle Maintenance to fund the contract, and WHEREAS, account 4050.444 funds are exhausted to cover vehicle maintenance expenses for November and December 1994. NOW, THEREFORE, BE IT RESOLVED, that the Treasurer transfer $1,000 from Contingency account no. 1990.5 to Watershed account no. 4050.444, and BE IT FURTHER RESOLVED, that the back up vehicle to be obtained from the Social Services Department (1979 Chevy Cavelier with 92,000 miles) will not be placed into service until February 1, 1995. Vote: Passed 8-0. RESOLUTION NO. 456 Motion by Smith, second by Burnside. RE: TRANSFER OF FUNDS - BUILDINGS AND GROUNDS WHEREAS, the Buildings and Grounds Department is in need of a snow blower and has monies in its 1994 budget for the purchase of same. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $660 from account no. 1622.427 to account no. 1622.200 for the aforementioned purchase. Vote: Passed 8-0. RESOLUTION NO. 457 Motion by Smith, second by Burnside. RE: AUTHORIZE RENEWAL AGREEMENT FOR DOG POUND PROPERTY WHEREAS, the lease agreement for the dog pound property expires 12/31/94 and the term of the agreement needs to be changed. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to renew the lease agreement with David Wood for the Dog Pound ---PAGE BREAK--- Property for the period 1/1/95-12/31/95 at a cost of $1,980, subject to approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 458 Motion by Smith, second by Young. RE: AUTHORIZE RENEWAL AGREEMENT WITH CRAIG DDSO WHEREAS, the lease agreement for office space at the Rural Urban Center for Craig DDSO expires 12/31/94 and the term of the agreement needs to be changed. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to renew the lease agreement with Craig DDSO for space in the Rural Urban Center for the period 1/1/95-12/31/95 at a cost of $2,988, subject to approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 459 Motion by Smith, second by Young. RE: AUTHORIZE ADDITIONAL SERVICES - VITAL TELECOMMUNICATIONS, INC. WHEREAS, the telecommunications consultant has recommended review and negotiation of the County's long distance service in hopes of saving money, and WHEREAS, the current contract with Vital Telecommunications does not provide for this service, and WHEREAS, Vital Telecommunications has offered to negotiate our long distance rates at a cost of $500, and save the county the cost of its service plus an additional $500 or Vital will provide the service free of charge, and WHEREAS, the Building Maintenance Supervisor has funds available in his 1994 budget to cover the cost of same. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute an addendum to the current contract with Vital Telecommunications, Inc. for an additional $500 for the aforementioned services with the understanding that Vital will save the county the cost of its services plus an additional $500, subject to approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 460 Motion by Burnside, second by Young. ---PAGE BREAK--- RE: AUTHORIZE MAINTENANCE AGREEMENT FOR GENERATORS - EMERGENCY MANAGEMENT - TABLED WHEREAS, the Office of Emergency Management has purchased two generators (one for the Emergency Operations Center and one for the Radio Tower Site) to keep the emergency radio communications system functional. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to enter into a maintenance contract with RONCO to provide maintenance for the two generators per written agreement for a period of 5 years at a cost of $704 per unit, per year. Vote: Passed 8-0. RESOLUTION NO. 461 Motion by Young, second by Smith. RE: ADOPT SCHUYLER COUNTY EMERGENCY ACTION PLAN FOR SCHUYLER COUNTY BUILDINGS AND PREMISES WHEREAS, the Emergency Action Plan has been developed by the Schuyler County Legislature for the departments and employees of Schuyler County, and WHEREAS, the Schuyler County Legislature recognizes that fires, chemical accidents, toxic spills, civil disorders (such as bomb threats and armed persons) are a threat to the county and community. NOW, THEREFORE BE IT RESOLVED, that effective immediately, the Schuyler County Legislature does hereby adopt the attached Emergency Action Plan in accordance with the regulations of the Occupational Safety and Health Administration, Part 1910.38, Employee Emergency Plans and Fire Prevention Plans. Vote: Passed 8-0. RESOLUTION NO. 462 Motion by Young, second by Smith. RE: AUTHORIZE ADVERTISEMENT FOR BIDS OF SURPLUS VEHICLES WHEREAS, the Director of Weights and Measures and the County Sheriff have surplus vehicles which have been declared surplus. NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be authorized to advertise for bids for a 1983 Ford Ranger formerly used by the Director of Weights and Measures, and a 1980 Jeep VIN#J0M17NN001554 formerly used by the Sheriff's Department, and ---PAGE BREAK--- BE IT FURTHER RESOLVED, that bids will be opened at the December 5, 1994 Finance Committee meeting with recommendation being made for action at the December 12, 1994 Regular Meeting of the Legislature. Vote: Passed 8-0. RESOLUTION NO. 463 Motion by Young, second by Smith. RE: AUTHORIZE EXTENDED CONTRACT WITH GORDON STEVENS WHEREAS, the Jail Administrator has been out on disability for several weeks, and WHEREAS, it is necessary through December 31, 1994 to continue the services of Gordon Stevens for the administration of the jail. NOW, THEREFORE, BE IT RESOLVED, that the current contract with Gordon Stevens be extended through December 31, 1994 at a cost not to exceed $3,000 and include jail administration services, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $3,000 from account no. 3150.100 to account no. 3150.401. Vote: Passed 8-0. RESOLUTION NO. 464 Motion by Young, second by Karius. RE: SET DATES - SPECIAL MEETINGS OF THE LEGISLATURE WHEREAS, any alterations to the tentative budget must be by resolution following the deadline for the Finance Committee Report. NOW, THEREFORE, BE IT RESOLVED, that Special Meeting(s) of the Schuyler County Legislature be held at 3:00 p.m. on November 18, 1994; 8:00 p.m. (or immediately following the Public Hearing on the Budget) on December 6, 1994; and 3:00 p.m. on December 9, 1994 at the Legislative Chambers, Watkins Glen, New York for the following items of business: 1. Allow alterations to the tentative budget for 1995 pursuant to County Law Section 358, and BE IT FURTHER RESOLVED, that the Clerk to the Legislature is directed to publish appropriate notice of said Special Meetings in the legal newspaper. Vote: Passed 8-0. RESOLUTION NO. 465 Motion by Young, second by Karius. ---PAGE BREAK--- RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 1995 WHEREAS, a public hearing in respect to the 1995 County Budget is required by law. NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 1995 County Budget, as required by Section 359 of the County Law, be held in the Courtroom on the second floor of the Courthouse, Watkins Glen, NY on December 6, 1994 at 7:00 p.m., and BE IT FURTHER RESOLVED, that pursuant to Section 152 of the County Law 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, that if this resolution be approved, the Clerk to the Legislature give appropriate public notice of said hearing, provide at least one hundred copies of the tentative budget, and otherwise comply with the requirements of Section 359 of the County Law. Vote: Passed 8-0. RESOLUTION NO. 466 Motion by Young, second by Karius. RE: ENDORSEMENT - GATEWAY DESIGNATION - DEPARTMENT OF EMPLOYMENT AND TRAINING WHEREAS, Governor Cuomo has provided for local "Gateway" initiatives which will provide for an interactive network among state agencies, local employment and training providers, educational agencies, businesses, community based organizations for job seekers, and employers, and WHEREAS, the purpose of "Gateway" is to improve the quality of the work force delivery service, and WHEREAS, the Schuyler County Human Services Committee supports the concept of establishing a "Gateway" initiative in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby petition the Governor to have Schuyler County be designated as a "Gateway" site; and BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to Governor Cuomo, New York State Human Investment Subcabinet, New York Association of Employment and Training Professionals, Department of Employment and Training, and to the Division of Human Services. Vote: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 467 Motion by Smith, second by Fitzsimmons. RE: PERSONNEL ACTIONS FULL-TIME ADMINISTRATIVE POSITIONS - 121 PART-TIME ADMINISTRATIVE POSITIONS - 55 FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4 FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23 APPOINTMENTS: EFFECTIVE NAME TITLE DEPARTMENT DATE SALARY TYPE HAMELIN, Reg. Nurse Home Health 10/3/94 11.4302Perm Darlene Per Diem SAVINO, Robert Watershed Watershed 10/11/94 9.1434 Perm Insp. Asst. 25 hrs./wk. EMERY, Patricia Personnel Ck. Civil Service 10/24/94 16,985 Perm REYNOLDS, Diana Data Entry Social Svcs. 10/17/94 16,968 Perm Machine Opr. FIORILLE, Director of RPTA 9/29/94- 26,000 Term Alfonso Real Property Tax Service 9/30/95 BUCKWALTER, Director of Planning 10/3/94 26,000 Prov Corry C. Planning & Community Development SASSANO, Larry Purch. Spec. Treasurer 10/17/94 18,131 Prov LOEFFLER, Director of Veterans 10/13/94 9.30Hr NCC Sidney Veteran Agency Trainee 14 hrs./wk. ---PAGE BREAK--- EISENHART, P. Cleaner 10/25/94 5.00Hr NCC FORNEY, Judy Account Clk. Social Svcs. 8/1/94 14,004 Perm Cont NAME TITLE DEPARTMENT DATE TEMPORARY: HOUCK, Bulinda Data Entry Operat. Social Svcs. 10/17/94 LEAVES OF ABSENCE: WOOD, Linda I. Cleaner 10/12/94 (Worker's Compensation for Indefinite Length of Time) CROUT, Steven C. Temp. Laborer Highway 10/12/94- (Worker's Compensation) 10/17/94 OTHER: RHODES, Sandra Staff Dev. Coord. Social Svcs. 1/1/94 (Change in Salary) CRAIG, Doris Executive Sec'y. Civil Service 8/29/94 (Change in Salary) RUTLEDGE, George Deputy Sheriff 9/19/94 (Change from PT to FT, increase hourly rate) WARD, William Correction Ofcr. Sheriff 9/18/94 (Change from PT to FT, increase hourly rate) SALBEGO, Rose Acct. Clerk Typ. Home Health 10/3/94 (Increase to 35 hrs./wk. contingent upon grant funds) RESIGNATIONS: ---PAGE BREAK--- BROOKE, Marilyn Personnel Clerk Civil Service 10/28/94 MUNROE, Darlene Account Clerk Social Svcs. 3/14/94 WYRE, John C. Cleaner PT 8/23/94 WILLIS, Gail M. Deputy Clerk Legislature 9/12/94 AMEIGH, Judy Services Aide OFA 10/21/94 BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature. Vote: Passed 8-0. RESOLUTION NO. 468 Motion by Smith, second by Fitzsimmons. RE: MAINTENANCE AGREEMENT WITH KEX/COPY SOURCE FOR THE HOME HEALTH AGENCY'S COPIER WHEREAS, the Home Health Agency would like to have a maintenance agreement with Kex/Copy Source for its new copier when the warranty expires 11/9/94, at the rate of $600 for 120,000 copies plus $0.005 per copy over 120,000, and WHEREAS, this price includes a drum and the service call to install it. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a maintenance agreement with Kex Copy Source to maintain the Home Health Agency copier from November 9, 1994 to November 8, 1995 at the rate of $600 for 120,000 copies plus $0.005 per copy over 120,000, including a drum; subject to the approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 469 Motion by Smith, second by Fitzsimmons. RE: TRANSFER OF FUNDS - WEIGHTS AND MEASURES WHEREAS, the appropriation for Personal Services for Weights and Measures needs to be increased an additional $109 to cover the salary for 1994. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $109 from account no. 9950.900 to Weights and Measures account no. 6610.100. Vote: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 470 Motion by Fitzsimmons, second by Karius. RE: TRANSFER OF FUNDS - UNALLOCATED INSURANCE WHEREAS, the 1994 appropriation for Worker's Compensation Insurance does not have sufficient funds to pay current invoices. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $6,410 from Contingency account no. 1990.5 to Unallocated Insurance account no. 1910.419. Vote: Passed 8-0. RESOLUTION NO. 471 Motion by Fitzsimmons, second by Karius. RE: AUTHORIZE APPLIED BUSINESS SYSTEMS, INC. CONTRACT - REAL PROPERTY TAX SERVICE AGENCY WHEREAS, it is the recommendation of the Real Property Tax Director that town and county tax bills be laser printed for the 1995 levy, and WHEREAS, laser printed tax bills are high quality print, offer flexibility in format and will be more cost effective. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Chairman be, and hereby is, authorized to enter into a contract for laser printed tax bills with Applied Business Systems, Inc. at an approximate cost of $4,200, to be funded by account nos. 1355.434 and 1355.435; subject to approval by the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 472 Motion by Fitzsimmons, second by Karius. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 (ADDITION OF $2,000 TO REVENUE ACCOUNT NO. 1620-2410) - BUILDINGS AND GROUNDS BE IT RESOLVED, that the Tentative Budget for 1995 be altered and modified by the addition thereto as follows: $2,000 to Revenue account no. 1620-2410 - Buildings and Grounds. DISCUSSION: MOTION by Halpin, SECOND by Hastings to add an additional $2,000 to Buildings and Grounds Revenue Account. Motion carried eight ayes to zero noes. Vote: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 473 Motion by Fitzsimmons, second by Karius. RE: APPROVAL OF THE OFFICE FOR THE AGING 1995 ANNUAL IMPLEMENTATION PLAN FOR THE OLDER AMERICANS ACT AND NEW YORK STATE 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, and WHEREAS, the plan requires approval by the Schuyler County Legislature in 1994, and WHEREAS, the Public Hearing on the Annual Implementation Plan was held on October 14th, 1994 at 1:00 p.m., and WHEREAS, none of the Office for the Aging programs will be funded with Federal or State funds until the plan has been approved by the Schuyler County Legislature and submitted to the New York State Office for the Aging and approved. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign said Plan for the Schuyler County Office for the Aging, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, 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 this Legislature be, and hereby is, authorized to sign those contracts and agreements necessary to carry out the services provided by the Schuyler County Office for the Aging, upon approval of the contract or agreement by the County Attorney. Schedule of contracts and agreements as follows: 1. Burdett Area Meal Site - Congregate Meal Space Rental 1/1/95 - 12/31/95 - $180 per month. 2. St. James Episcopal Church - Congregate Meal Space Rental - 1/1/95 - 12/31/95 - $180 per month. 3. Dennis J. Morris - Legal Services for the Elderly - 1/1/95 - 12/31/95 - $4,000. 4. Anne Heist - Registered Dietitian, Congregate and Home Delivered Meal Programs - 8 hours per week - 1/1/95 - 12/31/95 - $5,825. ---PAGE BREAK--- 5. Anne Heist - Registered Dietitian, SNAP Program - 208 hours per year at $14.00 per our - 4/1/95 - 3/3/1/96 - $2,972. 6. Retired Senior Volunteer Program - Escort Service - 1/1/95 - 12/31/95 - $9,230. 7. Richard C. Bornholdt - Planning Consultant - 4/1/94 - 3/31/95 - $4,800. 8. Schuyler County Home Health Agency - Homemaker/Personal Care Services - 4/1/95 - 3/31/96 - $24,000. 9. Economic Opportunity Program of Chemung and Schuyler Counties - Title V (Senior Community Service Employment Program) - 7/1/95 - 6/30/96 - $23,066. 10. Chemung County Office for the Aging - EISEP (Expanded In-Home Services for the Elderly Program) - 4/1/95 - 3/31/96 - $50,500. 11. Any other contracts specific to the execution of OFA Annual Implementation Plan. Vote: Passed 8-0. RESOLUTION NO. 474 Motion by Smith, second by Young. RE: MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR BE IT FURTHER RESOLVED, that two resolutions be brought to the floor. Vote: Passed 8-0. RESOLUTION NO. 475 Motion by Smith, second by Young. RE: TRANSFER OF FUNDS - COMMUNITY COLLEGES BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to transfer $995.63 from Contingency account no. 1990.500 to Community Colleges account no. 2490.400. Vote: Passed 8-0. RESOLUTION NO. 476 Motion by Smith, second by Young. RE: ALTERATION OF TENTATIVE BUDGET - PURSUANT TO COUNTY LAW SECTION 358 - PUBLIC HEALTH BE IT RESOLVED, that the Tentative Budget for 1995 for Public Health be altered and modified by the changes as follows: ---PAGE BREAK--- 1. Decrease account no. 4010.100 by $10,000 2. Increase account no. 4010.446 by $2,000 3. Decrease account no. 4010.426 by $1,000 4. Decrease account no. 4010.418 by $350.00 5. Increase account no. 4010.440 by $250.00 6. Decrease account no. 4010.204 by $10,000 7. Increase account no. 4010.430 by $2,000 8. Decrease account no. 4010.3401 by $6,940 Vote: Passed 8-0. REPORT ON STANDING COMMITTEES: Legislator Halpin said that there would be a Special Meeting of the Administrative Committee. Legislator Hastings on the Agriculture Committee had a meeting with Robert Ayer, ASCS District Director. He said reductions in USDA offices and personnel are projected to save the Federal Government $2.5 billion. On the SWCD Report, the District has reviewed the proposed NYSEG pipeline routes through Schuyler County agricultural lands and conservation practices that could be affected have been identified. The District has been awarded a $1,000 grant from the Schuyler County Water Quality Coordinating Committee. The monies will be used toward the purchase of a no-till drill. No monies have been allocated for the Aquatic Program for 1995. This will result in lost services. One full-time position and two seasonal positions will be cut. On the SCS Report, Willie Pittman stated that the SCS and District personnel are assisting the Village of Watkins Glen with flooding problems on the north end of the Village. Concerning the Cooperative Extension Report, the Ag District map indicating parcels will be completed and taken to the Legislature next week. Legislator Hastings also stated that Mr. Robert Chadeayne was elected President of the Schuyler County Farm Bureau. Legislator Hastings on Assessment and Taxation said there is an issue of trying to change the redemption period on tax deeds. Legislator Burnside stated that the communication system is right on schedule. Legislator Fitzsimmons stated that the Community College account is now overdrawn. Legislator Burnside stated the November election went very well. Legislator Halpin stated that the budget was received on October 24, 1994. It came in at a tax levy increase of $8 million, which represents a 42 percent tax increase; to date we are at 16.7 percent tax increase. She stated that there was a large increase in Social Services. She also stated that the Legislative Committee needs to continue to work on it. There will be a Public Hearing on the budget on December 6, 1994. She also advised the public that Chairman Franzese and herself would be available to the public from 1:00 p.m to 4:00 p.m. on December 5, 1994, to talk about the budget. Legislator Halpin stated that 2/3 of the department's are at the same amount or below last year. She stated that the large increases are in Buildings and ---PAGE BREAK--- Grounds, Social Services, Jail, and Highway. There is also a large increase in Office for the Aging, but this represents the EISEP Program. Legislator Young said that there would be a Highway Committee meeting Wednesday, November 16, 1994, at 9:00 a.m. to discuss a grant for Timber Bridges. Legislator Karius stated that the Director of Veterans Services has completed all necessary training. Legislator Fitzsimmons made note that not all people that receive food stamps are on welfare. He also stated that a lot of welfare recipients are children - approximately two thirds. UNFINISHED BUSINESS: Legislator Young requested an Executive Session after Public Participation. NEW BUSINESS: None. PUBLIC PARTICIPATION - 8:20 P.M.: Casey Creamer thanked Legislator Young for holding the Executive Session until after the public leaves. He suggested that on the issue of maintenance of generators that we take $740 and put it into a savings account to buy a new generator. Also, he felt that we should let highway personnel maintain the generators. Lory Peck asked how the budget was going for this year; how are we doing on sales tax revenues for the year. Nancy Peters said that we are 3.4% ahead on sales tax for this year and we are on schedule for the budget. Lory stated that he would like to see a or quarterly report on how the budget is progressing. Legislator Fitzsimmons wanted to remind people of the Burdett Community Players play of "Annie." Public Participation was closed at 8:35 p.m. Legislator Hastings left at 8:40 p.m. MOTION by Smith, SECOND by Fitzsimmons to go into Executive Session for the purpose of discussing employee history. Motion carried seven ayes to zero noes. MOTION by Young, SECOND by Halpin to come out Executive Session. Motion carried seven ayes to zero noes. The meeting adjourned at 8:48 p.m. Diane M. Cook, Deputy Clerk SPECIAL MEETING NOVEMBER 18, 1994 The November 18, 1994 Special Meeting of the Schuyler County Legislature was called to order at 3:00 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. ROLL CALL: All Legislators ---PAGE BREAK--- were present except for Legislators Young, Smith and Hastings. County Attorney Coleman was also present. ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced two emergency resolutions by title. PUBLIC PARTICIPATION - 3:03 P.M.: NONE. RESOLUTION NO. 477 Motion by Burnside, second by Karius. RE: RATIFICATION OF SPECIAL MEETING CALL 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 1994 Pursuant to County Law Section 358. Vote: Passed 5-0. RESOLUTION NO. 478 Motion by Halpin, second by Fitzsimmons. RE: 1995 BUDGET ADJUSTMENT FOR EARLY INTERVENTION PROGRAM SERVICES AND REVENUE WHEREAS, the NYS Department of Health's Early Intervention Program replaced the Family Court order process to provide services to children from birth to age three, and WHEREAS, the expenses and revenue for these programs have been budgeted in the Education account no. 2960, and WHEREAS, the NYS Department of Health requested that the expenses and revenue for these programs be included in a new account no. 4054, established for this program. NOW, THEREFORE, BE IT RESOLVED, that the 1995 budget be adjusted as follows: 1. $120,000 subcontracts, from 2960.490 to 4054.490 2. $ 60,000 other health department income from 2960.1689 to 4054.1689 3. $ 30,000 state aid, from 2960.3277 to 4054.3449 Vote: Passed 5-0. RESOLUTION NO. 479 Motion by Burnside, second by Fitzsimmons. ---PAGE BREAK--- RE: ALTERATION OF TENTATIVE BUDGET - HIGHWAY BE IT RESOLVED, that the Tentative budget for 1995 for the Highway Department be altered and modified by the changes as follows: 1. Decrease account no. 5110.100 by $40,642.00 Vote: Passed 5-0. RESOLUTION NO. 480 Motion by Fitzsimmons, second by Karius. RE: ALTERATION TO TENTATIVE BUDGET - WORKER'S COMPENSATION - HIGHWAY & GENERAL FUND BE IT RESOLVED, that the Tentative budget for 1995 for the Worker's Compensation, Highway and General Fund, be altered and modified by the changes as follows: 1. Decrease account no. 003.9040.0803 by $5,136 2. Decrease account no. 002.9040.0803 by $43,474 3. Decrease account no. 1910.419 by $40,000 Vote: Passed 5-0. RESOLUTION NO. 481 Motion by Halpin, second by Fitzsimmons. RE: ALTERATION OF TENTATIVE BUDGET - WORKER'S COMPENSATION - GENERAL FUND DIVIDENDS BE IT RESOLVED, that the Tentative budget for 1995 for the Worker's Compensation, General Fund, Dividends, be altered and modified by the changes as follows: 1. Increase account no. 1910.2680 by $10,000 Vote: Passed 5-0. RESOLUTION NO. 482 Motion by Halpin, second by Fitzsimmons. RE: ALTERATION OF TENTATIVE BUDGET - MEDICAL INSURANCE - GENERAL FUND BE IT RESOLVED, that the Tentative budget for 1995 for the Medical Insurance, General Fund, be altered and modified by the changes as follows: 1. Increase account no. 9060.807 by $48,264 ---PAGE BREAK--- Vote: Passed 5-0. RESOLUTION NO. 483 Motion by Halpin, second by Fitzsimmons. RE: ALTERATION OF TENTATIVE BUDGET - REVENUE ACCOUNT BE IT RESOLVED, that the Tentative budget for 1995 for revenue accounts be altered and modified by the changes as follows: 1. Increase account no. 1010.1081 by $5,000 Vote: Passed 5-0. RESOLUTION NO. 484 Motion by Karius, second by Burnside. RE: ALTERATION OF TENTATIVE BUDGET - BUDGET SURPLUS BE IT RESOLVED, that the tentative budget for 1995 for the Budget Surplus be altered and modified by the changes as follows: 1. Appropriate $130,000 additional funds to budget surplus [$75,000 D.S.S. and $55,000 to Radio Maint. Debt Service] Vote: Passed 5-0. RESOLUTION NO. 485 Motion Fitzsimmons, second by Burnside. RE: ALTERATION OF TENTATIVE BUDGET - SALES TAX BE IT RESOLVED, that the Tentative Budget for 1995 for Sales Tax, be altered and modified by the changes as follows: 1. Increase account no. 1010.1110 by $100,000 Vote: Passed 5-0. MOTION by Fitzsimmons, SECOND by Karius to suspend rules to allow two additional items of business to be brought to the floor. Motion carried five ayes and zero noes. RESOLUTION NO. 486 Motion by Fitzsimmons, second by Burnside. RE: TO SUPPORT THE GRANT APPLICATION TO THE NATIONAL TIMBER BRIDGE INITIATIVE ---PAGE BREAK--- WHEREAS, two Bridges, Williamee Bridge/Town of Hector, and Hornby Bridge/Town of Orange are in need of replacement, and WHEREAS, "National Timber Bridge Initiative" has a grant program available on a 3 to 1 Local Share to Schuyler County, NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislative Chairman be authorized to support said grant application. Vote: Passed 5-0. RESOLUTION NO. 487 Motion by Fitzsimmons, second by Burnside. RE: TO SUPPORT THE GRANT APPLICATION FOR PARTICIPATION IN THE NON-POINT SOURCE IMPLEMENTATION WHEREAS, the Schuyler County Legislature wishes to participate in the Non-Point Source Implementation Grant Program, and WHEREAS, the Schuyler County Soil and Water District is willing to implement a shared program with Chemung County to support farmers exploring crop integration technologies, and WHEREAS, the funding stream available for these efforts would require no direct local dollars, NOW, THEREFORE, BE IT RESOLVED, that Schuyler County appoint the Schuyler County Soil and Water District as its designee regarding application and implementation of this grant, BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be authorized to share this action with the New York State Department of Environmental Conservation. Vote: Passed 5-0. PUBLIC PARTICIPATION - 4:24 P.M.: None. The meeting adjourned at 4:25 p.m. Diane M. Cook, Deputy Clerk PUBLIC HEARING DECEMBER 6, 1994 ---PAGE BREAK--- The December 6, 1994 Public Hearing on the 1995 Schuyler County Budget was called to order by Chairman Angeline Franzese at 7:08 p.m. All Legislators were present. County Attorney Coleman and Budget Officer Nancy Peters were also present. The Hearing was held in the second floor Court Room of the Schuyler County Court House. There were approximately one hundred and twenty members of the public present, including department heads and press. Chairman Franzese introduced herself, the legislators and legislative staff. She then proceeded to explain the budget process; state mandates; and where the budget stands to date. She stated for the record, "I personally thank each and everyone of you, but feel our job is not over. The taxpayers of Schuyler County, no matter where I go, have made it clear; especially the senior citizens; that they cannot absorb another increase in property taxes. Sadly, the fact remains the cost of government in Schuyler County must be further lowered to cover the state mandates. New York State must reform the Medicaid and welfare programs. Until they do their job, we will simply be treading water for survival. I have given three recommendations to my fellow Legislators: 1) That this county will be digging itself into another hole like that of 1991 if we raise taxes this year. We have raised our taxpayers burden already by adding $337,272 = 5.9% increase of local share dollars. 2) As budgets are tightened there will be fewer surplus dollars left to rely on. 3) I know lay offs are not desirable, but we must look to reduce staff during 1995 by attrition. We must prepare for 1996, beginning in January. Again, thank you. We are here to listen to your recommendations and suggestions." Chairman Franzese then asked for those who wished to be recognized to please raise their hand, state their name, and then proceed with any questions or comments if they so desired. Gordon Swarthout of Beaver Dams opposed the $50,000 in the budget for a County Manager and felt that the legislators are elected to do this job. He expressed support for the highway and sheriff's departments and felt they could not do their jobs now because of lack of money. Guy Schamel felt with the increase in social services cost, the workfare program should be utilized more. Joan Reed spoke in support of the Sheriff's Department and presented a petition with 166 signatures objecting to potential layoffs in that department. Mel Karnitz of Valois said he feels the taxpayers are paying more and getting less. He feels more needs to be done to get social services clients working. Hazel Shader of Reading opposed having a Recycling Coordinator position. Lory Peck of Cayuta said that last year the taxpayers received a zero percent increase in taxes. He said he could live with a three to four percent increase this year. He noted that most of the people on welfare are children. He spoke in support of Medicaid relief. David Wood expressed support for the Sheriff's Department and opposed any lay offs, noting these persons would only go on social services rolls, unemployment, etc. and still cost the county money. He felt the county needs to attract industry as well as tourism. John Wilkins spoke in support of the Sheriff's Department. Bill Elkins feels the county needs relief from unfunded mandates from the state and federal governments. He opposed lay- offs; supported workfare and a one percent increase in sales tax. Mr. Compese said he feels the increase in taxes was hindering his small business and felt the county could not afford $50,000 for a County Manager. Jeff Banks of Burdett wanted to know when the tax increases were going to end. Tom Ryan of Odessa spoke in opposition of the county ---PAGE BREAK--- manager position, saying the county could not afford the position. Jan Tamberelli spoke in support of the Sheriff's Department. Sue Brill wanted the public to be aware that there is a very active workfare program provided by the Department of Social Services. She also spoke in support of the county manager position and the Sheriff's Department. Casey Creamer of Burdett spoke in support of the county manager position. Jack Pevo of Odessa asked how the Legislature can spend more than what they take in. Chairman Franzese thanked everyone for attending and called the public hearing to a close at 9:39 p.m. Gail M. Willis, Clerk Diane M. Hughey, Deputy Clerk SPECIAL MEETING DECEMBER 6, 1994 The December 6, 1994 Special Meeting of the Schuyler County Legislature was called to order at 9:55 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present. ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: None. PUBLIC PARTICIPATION - 9:57 P.M.: Anne Balch, Director of Social Services, asked that we add $2,500 to her budget for finger imaging. MOTION by Smith, SECOND by Young to add this money to her budget. Motion carried eight ayes and zero noes. Public Participation ended at 9:59 p.m. RESOLUTION NO. 488 Motion by Fitzsimmons, second by Burnside. RE: RATIFICATION OF SPECIAL MEETING CALL 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 1995 Pursuant to County Law Section 360. Vote: Passed 8-0. RESOLUTION NO. 489 Motion by Smith, second by Karius. ---PAGE BREAK--- RE: ALTERATION TO TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - DEPARTMENT OF SOCIAL SERVICES BE IT RESOLVED, that the Tentative Budget for 1995 be altered and modified as follows: 1. Decrease account no. 6102.0400 by $100,000 2. Decrease account no. 6129.0400 by $ 30,000 3. Decrease account no. 6109.0400 by $ 29,100 4. Decrease account no. 6109.1809 by $ 5 5. Decrease account no. 6109.3609 by $ 8,616 6. Decrease account no. 6109.4609 by $ 11,779 7. Decrease account no. 6140.0400 by $ 25,000 8. Increase account no. 6140.1840 by $ 3,000 9. Decrease account no. 6140.3640 by $ 14,000 Vote: Passed 8-0. RESOLUTION NO. 490 Motion by Smith, second by Karius. RE: ALTERATION TO TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - HIGHWAY DEPARTMENT BE IT RESOLVED, that the Tentative Budget for 1995 be altered and modified as follows: 1. Increase account no. 5110.0518 by $ 5,000 2. Increase account no. 5110.0515 by $ 150 3. Decrease account no. 5112.0355 by $80,000 4. Decrease account no. 5112.0354 by $22,000 5. Decrease account no. 5112.0353 by $18,000 6. Decrease account no. 5130.0438 by $ 5,000 ---PAGE BREAK--- 7. Decrease account no. 5130.0526 by $ 2,500 Vote: Passed 8-0. RESOLUTION NO. 491 Motion by Smith, Second by Karius. RE: ALTERATION TO TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - CENTRAL SERVICES BE IT RESOLVED, that the Tentative Budget for 1995 be altered and modified as follows: 1. Increase account no. 1610.439 by $79,340 2. Create revenue line item 1610-1270 and add $79,340 Vote: Passed 8-0. RESOLUTION NO. 492 Motion by Smith, second by Karius. RE: ALTERATION TO TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - VETERANS SERVICE AGENCY BE IT RESOLVED, that the Tentative Budget for 1995 be altered and modified as follows: 1. Increase account no. 6510.100 by $425 Vote: Passed 8-0. PUBLIC PARTICIPATION - 10:05 P.M.: None. The meeting adjourned at 10:07 p.m. Gail M. Willis, Clerk Diane M. Cook, Deputy Clerk SPECIAL MEETING DECEMBER 9, 1994 ---PAGE BREAK--- The December 9, 1994 Special Meeting of the Schuyler County Legislature was called to order at 3:06 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Burnside and followed by a Moment of Silence. ROLL CALL: All legislators were present except Legislator Fitzsimmons. County Attorney Coleman was also present. ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: None. PUBLIC PARTICIPATION - 3:09 P.M.: None. RESOLUTION NO. 493 Motion by Young, second by Smith. RE: RATIFICATION OF SPECIAL MEETING CALL 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 1995 Pursuant to County Law Section 360. Vote: Passed 7-0. RESOLUTION NO. 494 Motion by Smith, second by Karius. RE: ALTERATION TO TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - PUBLIC HEALTH DEPARTMENT BE IT RESOLVED, that the Tentative Budget for 1995 be altered and modified as follows: 1. Increase account no. 2960.3277 by $15,075 2. Increase account no. 4010.3401 by $14,800 3. Increase account no. 4010.435 by $ 1,000 Vote: Passed 7-0. RESOLUTION NO. 495 Motion by Burnside, second by Young. RE: ALTERATION TO TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - COOPERATIVE EXTENSION - FAILED BE IT RESOLVED, that the Tentative Budget for 1995 be altered and modified as follows: ---PAGE BREAK--- 1. Decrease account no. 8750.566 by $25,000 Vote: Failed 4-3. (Noes: Smith, Hastings, Franzese) RESOLUTION NO. 496 Motion by Franzese, second by Young. RE: ALTERATION TO TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - COOPERATIVE EXTENSION - FAILED BE IT RESOLVED, that the Tentative Budget for 1995 be altered and modified as follows: 1. Decrease account no. 8750.566 by $15,000 Vote: Failed 3-4. (Noes: Halpin, Karius, Hastings, Smith). RESOLUTION NO. 497 Motion by Smith, second by Burnside. RE: ALTERATION TO TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - COUNTY ADMINISTRATOR BE IT RESOLVED, that the Tentative Budget for 1995 be altered and modified as follows: 1. Decrease account no. 1230.100 by $50,000 2. Decrease benefits accordingly (-$9,065.23) Vote: Passed 6-1. (No: Halpin). RESOLUTION NO. 498 Motion by Young, second by Smith. RE: ALTERATION TO TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - CHAMBER OF COMMERCE BE IT RESOLVED, that the Tentative Budget for 1995 be altered and modified as follows: 1. Increase account no. 6410.558 by $15,000 2. Increase account no. 1010.1110 by $15,000 Vote: Passed 7-0. RESOLUTION NO. 499 Motion by Hastings, second by Smith. ---PAGE BREAK--- RE: ALTERATION TO TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - PLANNING BE IT RESOLVED, that the Tentative Budget for 1995 be altered and modified as follows: 1. Increase account no. 8020.472 by $3,000 Vote: Passed 7-0. RESOLUTION NO. 500 Motion by Hastings, second by Burnside. RE: ALTERATION TO TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - PROBATION BE IT RESOLVED, that the Tentative Budget for 1995 be altered and modified as follows: 1. Decrease account no. 3140.100 by $1,810 2. Decrease account no. 3140.3310 by $ 760 Vote: Passed 7-0. RESOLUTION NO. 501 Motion by Karius, second by Young. RE: ALTERATION TO TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - SOCIAL SERVICES BE IT RESOLVED, that the Tentative Budget for 1995 be altered and modified as follows: 1. Decrease account no. 6010.100 by $19,528 2. Decrease account no. 6010.204 by $12,500 3. Decrease account no. 6010.208 by $ 3,900 4. Increase account no. 6010.356 by $ 600 5. Decrease account no. 6010.395 by $ 3,000 6. Decrease account no. 6010.590 by $ 1,075 7. Decrease account no. 6010.3610 by $ 4,525 ---PAGE BREAK--- 8. Decrease account no. 6010.4610 by $21,320 9. Decrease account no. 6070.396 by $ 4,000 10. Decrease account no. 6070.3670 by $ 3,000 11. Decrease benefits accordingly Vote: Passed 7-0. RESOLUTION NO. 502 Motion by Smith, second by Young. RE: ALTERATION TO TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - EMERGENCY MANAGEMENT BE IT RESOLVED, that the Tentative Budget for 1995 be altered and modified as follows: 1. Decrease account no. 3689.418 by $80.00 2. Increase account no. 3689.460 by $80.00 Vote: Passed 7-0. UNFINISHED BUSINESS: Chairman Franzese stated that there would be a meeting on December 12, 1994 at 9:30 a.m. to go over benefits and other changes to the budget. Legislator Smith stated that he felt that the budget could not be cut any further and it should be left as is. Legislator Hastings concurred with Legislator Smith. Legislator Karius said that the public had given the message that they cannot afford any increases. Legislator Halpin stated that even if we did come in with zero percent increase, it would still be increased by 5.9 percent. Legislator Young said that he would like to see income taxes implemented rather than property taxes. Legislator Hastings said that we need to look at eliminating departments. Legislator Burnside said that on the issue of equipment, cars, and the like, what we don't do now, we would have to do sometime. He also stated that if we keep waiting, that it's going to hit us even harder. Legislator Hastings made a motion to have no more budget workshops; there was no second to her motion. PUBLIC PARTICIPATION - 3:48 P.M.: None. MOTION by Smith, SECOND by Burnside at 3:52 p.m. to go into executive session to discuss security issues. Motion carried seven ayes and zero noes. MOTION by Burnside, SECOND by Halpin at 4:30 p.m. to come out of executive session. Motion carried seven ayes and zero noes. NEW BUSINESS: Chairman Franzese advised that the County has received a letter from the Village Planning Board concerning the communications tower. She stated that County ---PAGE BREAK--- Attorney Coleman and she were going to compose a letter to the Planning Board. Included in that letter would be a statement that we had no options in the matter and that Motorola suggested the placement of the tower. The meeting adjourned at 4:38 p.m. Gail M. Willis, Clerk Diane M. Cook, Deputy Clerk REGULAR MEETING DECEMBER 12, 1994 The December 12, 1994 Regular Meeting of the Schuyler County Legislature was called to order at 6:35 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. ROLL CALL: All Legislators present. County Attorney Coleman was also present. ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced two emergency resolution by title. PUBLIC PARTICIPATION - 6:38 P.M.: Barlow Rhodes voiced his concerns about the proposed cuts to Cooperative Extension. He stated that if the cut did occur, that it would cut one and a half to two staff positions; which would be very hard on the organization. Willie Pittman spoke on the cuts being proposed to Cooperative Extension. He first commended the legislators on the work that had been done on the budget. He echoed the points that Mr. Rhodes had pointed out. Mr. Pittman stated that these proposed cuts would put them back to the pre-1983 level. He stated that the cut would be very traumatic to the department. He said that he is not asking that the cut not be done at all; said that they could stand a $10,000 to $15,000 cut, but not a $20,000 cut. Hazel Shader asked if the County had anything to do with the IDA board. Chairman Franzese stated that the County has a representative on the board and the IDA was created by NYS law. Ms. Shader stated that she hoped that no money would be put into the lakefront. She also asked if the Recycling Coordinator was going to be kept. Chairman Franzese stated that this is a contractual position. Ms. Shader gave some statistics comparing 1950 to 1990; such as the population of Schuyler County, the number of farms, the per capita income, births out of wedlock, etc. She also stated that the Unions have to realize that when they receive a raise, everyone's taxes go up. Ron Alexander, Director of Probation, stated that three years ago he asked for a position to be added to his department. He felt that the stress factor was not being taken into consideration. He stated that he has one clerical position for eight positions. He said that he has mandates to accomplish and that he cannot take any more cuts to his department. Eva Wickham asked on behalf of the ---PAGE BREAK--- farmers that Cooperative Extension not be cut. Casey Creamer voiced a concern about the Highway Departments in our County. He said that the plows should plow closest to their garage, even if that road is not their responsibility. He felt that if this problem was solved, that a lot of money would be saved. Legislator Young invited Mr. Creamer to attend a Highway Committee meeting Monday, December 19, 1994, at the County Highway Barns. John Hayes said that if Cooperative Extension was cut that State money would also be cut. He said that their State reimbursement is based on the amount of staff. He stated that a 12% cut would result in a loss of one and a half to two persons. He said that a two person cut would reduce the State allocation by $10,000. Mr. Hayes said the Cooperative Extension helps people who have nothing to do. He said that they show people how to support themselves, how to take care of teenagers, and how to clean up properties. He said that Cooperative Extension is aggressively working to keep people out of trouble and offer services that no one else offers. Lory Peck stated that we have gotten to the point of trimming all the fat on the budget - don't start trimming bone and muscle. He said that this is going to harm the people in the long run. He made a point that the Legislative office and other offices were back to the staffing they were at before 1991. He asked that the County Manager position be removed. Chairman Franzese told him it already had been cut. Ginny Houseknecht suggested that rather than laying people off, try job sharing. She said that we need to work together for job and work sharing. Chairman Franzese pointed out that no one has been laid off. She pointed out that in the Probation Department, that there is a position there, but no one is actually working in it. Lory Peck stated that there has already been cuts in the Rural Urban Center. He said that the Federal Government has already made cuts there. Tom McGarry stated that Cooperative Extension cannot afford any cuts. He said that if the agency and personnel were cut, that when a program comes up, that they would not have the personnel to support it. Legislator Fitzsimmons stated that they could either take back the Recycling Contract or cut Cooperative Extension and asked if Cooperative Extension would like to take an opportunity to brainstorm his suggestion. Mr. McGarry said that he would. Public Participation ended at 7:10 p.m. RESOLUTION NO. 503 Motion by Hastings, second by Young. RE: APPROVE MINUTES OF THE AUGUST 8, 1994 REGULAR MEETING, SEPTEMBER 1, 1994 SPECIAL MEETING, SEPTEMBER 12, 1994 REGULAR MEETING, SEPTEMBER 19, 1994 SPECIAL MEETING, SEPTEMBER 30, 1994 SPECIAL MEETING AND OCTOBER 4, 1994 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the August 8, 1994 Regular Meeting, September 1, 1994 Special Meeting, September 12, 1994 Regular Meeting, September 19, 1994 Special Meeting, September 30, 1994 Special Meeting and October 4, 1994 Special Meeting of the Schuyler County Legislature be approved. DISCUSSION: Legislator Hastings made a request to go over part of the August 8 minutes with the Clerk and clarify if necessary. There were no objections. ---PAGE BREAK--- Vote: Passed 8-0. MOTION by Smith, SECOND by Young to suspend the regulations that Chairman Franzese read the resolutions by title. Motion carried eight ayes to zero noes. RESOLUTION NO. 504 Motion by Smith, second by Burnside. RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO BE CHARGED ON THE JANUARY 1995 TOWN AND COUNTY TAX BILLS WHEREAS, certain property owners in the Town of Hector are delinquent in paying their water bills, and WHEREAS, the Town of Hector is desirous of having those delinquent in payment of water bills charged on the 1995 Town and County tax bill as separate item for the amount of the arrears. NOW, THEREFORE, BE IT RESOLVED, that the delinquent water bills from the Town of Hector, as shown upon the annexed (on file) resolution of the Town of Hector, be added to the January 1995 Town and County tax bills as a separate item for the amount of the arrears, provided by Town Law Section 198 subsection 3 Vote: Passed 8-0. RESOLUTION NO. 505 Motion by Smith, second by Burnside. RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY 1995 TOWN AND COUNTY TAX BILLS 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 charged on the 1995 Town and County tax bills as shown on the Town of Reading Resolution. NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of Reading, a shown upon the annexed (on file) Resolution of the Town of Reading, be added to the January 1995 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. 506 Motion by Smith, second by Burnside. ---PAGE BREAK--- RE: UNPAID SCHOOL TAXES - ASSESSED AND RELEVIED FOR 1994 WHEREAS, the County Treasurer will submit to this County Legislature on or about November 30, 1994, 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 1994, as they appear on said certified list be, and the same hereby are, relevied as of November 30, 1994 and the Real Property Tax Agency is hereby directed to assess and levy on the tax rolls of the several Towns against the property named in said certification any items of unpaid taxes therein set forth. Vote: Passed 8-0. RESOLUTION NO. 507 Motion by Smith, second by Burnside. RE: AGREEMENT RPS NETWORK SUPPORT/SYSTEMS EAST - REAL PROPERTY TAX AGENCY WHEREAS, the annual contract for Netware and NYS/RPS support from Systems East, 64 Main Street, Cortland, New York 13045, will be $4,200 from January 1, 1995 through January 1, 1996. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign a contract for annual Netware and NYS/RPS support in the amount of $4,200 with Systems East, to be funded from the 1680.435 Central Data Processing account, subject to the approval by the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 508 Motion by Smith, second by Burnside. RE: AUTHORIZE 1994 COST ALLOCATION CERTIFICATION - DSS BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be authorized to certify the A-87 cost allocation proposal for fiscal year 1992 to be used for claiming costs for Schuyler County Department of Social Services for fiscal year 1994. Vote: Passed 8-0. RESOLUTION NO. 509 Motion by Young, second by Fitzsimmons. RE: AUTHORIZE PURCHASE OF COMPUTER - YOUTH BUREAU - FAILED ---PAGE BREAK--- WHEREAS, the Leading Edge computer presently being used in the Youth Bureau was purchased in 1985 as a dual drive floppy disc drive, and WHEREAS, this system is virtually inoperable and has been since mid-summer, and WHEREAS, the New York State (NYS) Division of Youth (DFY) has agreed to reimburse Schuyler County for 50% of the purchase price of a new computer for the Youth Bureau up to the total cost of $2,000. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau Director be authorized to purchase computer hardware up to but not exceeding $2,000, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to establish account no. 7310.2-computer and transfer $2,000 from to account no. 7310.2. DISCUSSION: Legislator Halpin said that in the Committee meeting it was stated that the County did not have to match any money. She said that it was not understood that the County would have to pick up any of the tab. Legislator Young said that the County would ultimately end up paying for the whole computer next year if it was not approved this year. Chairman Franzese asked if the Youth Bureau had budgeted a computer. Legislator Young stated that they did not. Legislator Fitzsimmons "called for the question." Vote: Failed 0-8. (Noes: Karius, Smith, Halpin, Young, Fitzsimmons, Burnside, Hastings, Franzese). RESOLUTION NO. 510 Motion by Young, second by Fitzsimmons. RE: AUTHORIZE PURCHASE OF A VAN - MENTAL HEALTH WHEREAS, the Mental Health Clinic is providing more extensive outreach services, and a vehicle is essential to this position, due to the highly mobile nature of the field work involved in this activity, and WHEREAS, funding for this vehicle is available through unexpended State funds in the 1994 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorize the purchase of a van for the Mental Health Clinic Program, via the New York State Contract through the Office of General Services, in an amount not to exceed $17,000. It is understood funding is available through the 1994 approved budget, and there will be no additional cost to the County in this transaction, and BE IT FURTHER RESOLVED, that this Legislature authorize the Treasurer to transfer funds to account no. 4310.204 from the following accounts: ---PAGE BREAK--- 4310.402 $1,000 4310.435 $1,000 4310.442 $5,000 Vote: Passed 8-0. RESOLUTION NO. 511 Motion by Young, second by Fitzsimmons. RE: TRANSFER OF FUNDS - HIGHWAY BE IT RESOLVED, that the County Treasurer be authorized to transfer $150 from account no. D5010.457 to account no. D5110.515, and $800 from account no. D5010.439 to account no. D5110.520 in the Highway Department 1994 budget. Vote: Passed 8-0. RESOLUTION NO. 512 Motion by Young, second by Fitzsimmons. RE: AUTHORIZE CHANGE ORDERS GC-12 AND GC-13/CONTRACT WITH McGUIRE & BENNETT, INC. WHEREAS, the architect is in receipt of general contractors' proposal letter dated 8/31/94 relative to labor and material for revised sidewalk-curb layout; and credits and allowances having been listed, and WHEREAS, the Buildings & Grounds Committee has reviewed the referenced change orders and recommends authorization thereof as follows: GC-12 Original Contract Sum $ 1,224,000.00 Net Change by Previous Orders 112,561.00 Contract Sum Prior to this Change Order 1,336,561.00 Contract Sum will be Increased by: 5,074.00 New Contract Sum Incl. this Change Order 1,341,635.00 GC-13 Original Contract Sum $ 1,224,000.00 ---PAGE BREAK--- Net Change by Previous Orders 117,635.00 Contract Sum Prior to this Change Order 1,341,635.00 Contract Sum will be Decreased by: 29,779.00 New Contract Sum Incl. this Change Order 1,311,856.00 NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Building Project Committee, this Legislature accepts said Change Orders; subject to approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 513 Motion by Young, second by Fitzsimmons. RE: AUTHORIZE CHANGE ORDER HVAC-2/CONTRACT WITH D.J. D'AMICO PLUMBING AND HEATING CO., INC. WHEREAS, the architect is in receipt of contractors' proposal letter dated 5/27/94 relative to labor and material for change in duct work, and WHEREAS, the Buildings & Grounds Committee has reviewed the referenced change order and recommends authorization thereof as follows: HVAC-2 Original Contract Sum $ 171,084.00 Net Change by Previous Orders 67,773.00 Contract Sum Prior to this Change Order 238,857.00 Contract Sum will be Increased by: 750.00 New Contract Sum Incl. this Change Order 239,607.00 NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Building Project Committee, this Legislature accepts said Change Order; subject to approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 514 Motion by Young, second by Smith. ---PAGE BREAK--- RE: AMEND POLICIES AND PROCEDURES AS IT RELATES TO THE WORKPLACE SMOKING POLICY WHEREAS, page 11 of the Policies and Procedures relative to the Workplace Smoking Policy needs to be amended to replace the word "smoking" throughout the entire policy with "any form of tobacco". NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby amend the Policies and Procedures Manual, dated December 29, 1993, as recommended by the Buildings and Grounds Committee and that the addition shall be distributed as an addendum until such time as the manual is reprinted. PAGE 11 WORKPLACE TOBACCO USE POLICY Schuyler County is desirous of establishing regulations within the County Buildings in compliance with the Clean Indoor Air Act 2. The use of any form of tobacco shall be absolutely prohibited in all County owned buildings, to include County owned vehicles, any means of mass transportation operated by the County, and any other areas where the use of tobacco is prohibited by fire codes or State regulations. Vote: Passed 8-0. RESOLUTION NO. 515 Motion by Young, second by Smith. RE: TRANSFER OF LEAD GRANT FUNDS FROM 4010.100-4012 TO 4010.472-4012 WHEREAS, the Schuyler County Lead Poisoning Prevention Program needs additional pamphlets for distribution and can obtain these pamphlets at a 43% discount if they are ordered by December 15, 1994, and WHEREAS, the $250 estimated cost of these pamphlets is not currently budgeted, but sufficient grant funds are available in the .100 account. NOW, THEREFORE, BE IT RESOLVED, that $300 be transferred from account no. 4010.100-4012 to account no. 4010.472-4012. Vote: Passed 8-0. RESOLUTION NO. 516 Motion by Young, second by Smith. RE: ADJUST 1994 IMMUNIZATION GRANT BUDGET ---PAGE BREAK--- WHEREAS, the Public Health Office has used an employee from Tempforce rather than a temporary employee on the regular payroll for data entry of immunization records, and needs to transfer funds from personal services to contracted services. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $1,000 from account no. 4010.100-4004 to account no. 4010.490- 4004. Vote: Passed 8-0. RESOLUTION NO. 517 Motion by Young, second by Smith. RE: ESTABLISH 1995 IMMUNIZATION GRANT BUDGET WHEREAS, Schuyler County's 1995 Immunization Grant is for $18,000 from January 1, 1995 through December 31, 1995. NOW, THEREFORE, BE IT RESOLVED, that the 1995 Immunization Grant budget be established as follows: $11,013 4010.100-4014 Personnel 200 4010.200-4014 Equipment 400 4010.400-4014 Contractual Expense 200 4010.431-4014 Office Supplies 200 4010.433-4014 Postage 479 4010.440-4014 Travel 3,708 4010.489-4014 Fringe Benefits 1,800 4010.490-4014 Contracted Services $18,000 TOTAL $18,000 4010.3401-4014 Grant Revenue Vote: Passed 8-0. RESOLUTION NO. 518 Motion by Young, second by Smith. RE: AUTHORIZE CONTRACT WITH SCHUYLER HOSPITAL FOR PHYSICIAN'S ASSISTANT SERVICES ---PAGE BREAK--- WHEREAS, the Public Health Office may contract with Schuyler Hospital, Inc., for the services of physician's assistants at Well Child Clinics at the rate of twenty-five dollars per hour ($25.00/hour), and WHEREAS, if the Public Health Office increases the number of its Well Child Clinics, the 1995 Immunization Grant would reimburse the Public Health Office for these services and for any other increased clinic expense. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Schuyler Hospital, Inc., for physician's assistant services at the rate of twenty-five dollars per hour ($25.00/hour) from January 1, 1995 through December 31, 1995, subject to the approval of the Schuyler County Attorney. Vote: Passed 6-1. (No: Hastings) (Abstention: Fitzsimmons) RESOLUTION NO. 519 Motion by Young, second by Burnside. RE: DECLARE AUTOMATIC TELEPHONE ANSWERING MACHINE SURPLUS - COUNTY ATTORNEY'S OFFICE WHEREAS, a Panasonic automatic telephone answering machine, Model No. KX- T5300, in the County Attorney's Office is no longer needed for public use pursuant to County Law Section 215, and is needed in the Planning Office. NOW, THEREFORE, BE IT RESOLVED, that the Panasonic automatic telephone answering machine, Model No. KX-T5300 in the County Attorney's Office be, and hereby is, declared surplus and shall be transferred to the County Planning Department as soon as possible. Vote: Passed 8-0. RESOLUTION NO. 520 Motion by Young, second by Burnside. RE: SET DATE - 1994 YEAR'S END MEETING OF THE LEGISLATURE BE IT RESOLVED, that the final meeting of the year 1994 for the Schuyler County Legislature be held on Wednesday, December 28th, 1994, in the Legislative Chambers at 9:00 a.m. and that appropriate legal notice be published in the official newspaper of the County. Vote: Passed 8-0. RESOLUTION NO. 521 Motion by Young, second by Burnside. RE: SET DATE - 1995 ORGANIZATIONAL MEETING OF THE LEGISLATURE ---PAGE BREAK--- BE IT RESOLVED, that the 1995 Organizational Meeting of the Schuyler County Legislature shall be held on Tuesday, January 3, 1995 in the Legislative Chambers at 9:00 a.m. and that appropriate legal notice be published in the official newspaper of the County. Vote: Passed 8-0. RESOLUTION NO. 522 Motion by Young, second by Burnside. RE: TRANSFER FUNDS FOR FIRST AID CASES WHEREAS, the County has been advised if it pays first aid cases within certain guidelines it will reduce the County's Worker's Compensation experience rating modification, and WHEREAS, the County has agreed to do this, is in receipt of a few of these types of bills, however did not appropriate any monies for same. NOW, THEREFORE, BE IT RESOLVED, that $545 be transferred from Contingency account no. 1990.5 to Judgment and Claims account no. 1930.400, and BE IT FURTHER RESOLVED, that the Civil Service/Personnel Office be authorized to submit the aforementioned first aid bills for payment. Vote: Passed 8-0. RESOLUTION NO. 523 Motion by Burnside, second by Young. RE: AUTHORIZE EXTENSION OF VETERANS SERVICE AGENCY DIRECTOR WHEREAS, Stanley Clark's appointment as Veterans Service Agency Director terminates December 31, 1994, and WHEREAS, Sidney Loeffler, Director Trainee, will not be completely certified by the end of the year, and WHEREAS, the State of New York requires a certified Director to complete all necessary state paperwork. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize Stanley Clark to serve as the County's Veterans Service Agency Director commencing January 1, 1995 for one-half day a week at $9.30 per hour until such time as Sidney Loeffler is completely certified. Vote: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 524 Motion by Burnside, second by Young. RE: RESOLUTION OF THANKS TO MR. STANLEY CLARK WHEREAS, Mr. Stanley Clark of Yates County has provided a helpful and efficient interim service to the Veterans of Schuyler County, and WHEREAS, this arrangement required excellent coordination, communication, and cooperation between Schuyler and Yates counties, their veterans' service organizations and the state and federal veterans services offices. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature thanks Mr. Clark for his service and authorizes a signed copy of this resolution be provided to Mr. Clark. Vote: Passed 8-0. PUBLIC HEARING ON LOCAL LAW NUMBER 5 - 7:33 P.M.: Casey Creamer asked if this solves the problem for people behind in their taxes. Chairman Franzese stated that this is a new option. Nancy Peters said that people have up to two years to pay, however, they must have their current taxes up to date. Legislator Halpin stated that she would rather see a quarterly payment rather than a payment. She is concerned that people will lose their property. Chairman Franzese said that people still have the opportunity to come forward and pay taxes prior to being foreclosed upon. Legislator Halpin stated that this will definitely cause an increased workload for the Treasurer's Office. Legislator Burnside stated that our society is a payment society. Casey Creamer agreed with Legislator Halpin that this idea will cause an increase demand on the Treasurer's Office. He feels that if Revenues are increased, that hours for a part-time position can be increased in the Treasurer's Office. Nancy Peters stated that it is uncertain how the revenues will be affected. Hazel Shader stated that a lot of people will get behind. She believes that people can afford to pay their taxes. She also stated that people that do pay their taxes are penalized for people who don't pay. The Public Hearing on Local Law Number 5 closed at 7:47 p.m. PUBLIC HEARING ON LOCAL LAW NUMBER 6 - 7:47 P.M.: No discussion. RESOLUTION NO. 525 Motion by Burnside, second by Young. RE: LOCAL LAW NO. 5 OF THE YEAR 1994 REGARDING INSTALLMENT PAYMENT OF PAST DUE REAL ESTATE TAXES WHEREAS, a proposed Local Law regarding authorizing certain terms to be set for repayment of past due property taxes by installment was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held on December 12, 1994, and ---PAGE BREAK--- 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 said Local Law No. 5 of the year 1994 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 adopt of Local Law No. 5 of the year 1994, together with the required text thereof in the official county newspaper. LOCAL LAW NO. 5 OF THE YEAR 1994 A Local Law Regarding Installment Payment of Past Due Real Estate Taxes. PURSUANT to the provision of Section 1184 of the Real Property Tax Law (RPTL) regarding installment payments, the Schuyler County Legislature hereby elects to authorize the Schuyler County Treasurer to collect delinquent taxes in the manner authorized under Section 1184 of the RPTL and under the following specific terms: A. All properties in the district are eligible; B. The required down payment shall be ten percent C. The required payment schedule shall be D. The term of repayment shall be up to twenty-four (24) months; E. The rate of interest on unpaid balances shall be twelve percent (12%) APR or such other rate as may be established from time to time by State Law; F. All other terms shall be consistent with Section 1184 of the RPTL. G. This local law shall become effective on December 31, 1994. Vote: Passed 7-1. (No: Halpin) RESOLUTION NO. 526 Motion by Burnside, second by Young. RE: LOCAL LAW NO. 6 OF THE YEAR 1994 REGARDING REDEMPTION PERIOD FOR TAXES BECOMING LIENS DURING 1995 AND 1996 WHEREAS, a proposed Local Law regarding redemption periods for taxes becoming liens during 1995 and 1996 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held on December 12, 1994, and ---PAGE BREAK--- 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 said Local Law No. 6 of the year 1994 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 adopt of Local Law No. 6 of the year 1994, together with the required text thereof in the official county newspaper. LOCAL LAW NO. 6 OF THE YEAR 1994 A Local Law Regarding Redemption Period for Taxes Becoming Liens During 1995 and 1996. PURSUANT to Section 11 of Chapter 532 of the Laws of the State of New York, the Legislature of the County of Schuyler hereby elects that with regard to taxes which become liens during the years 1995 and 1996, that the redemption period for all property is hereby increased to three years after the applicable lien date. This Local Law shall become effective on December 31, 1994. Vote: Passed 7-1. (No: Hastings) RESOLUTION NO. 527 Motion by Burnside, second by Young. RE: ACCEPT/REJECT BIDS FOR SURPLUS COUNTY VEHICLES WHEREAS, the Director of Weights and Measures and the County Sheriff have surplus vehicles which have been declared surplus and advertised for bid. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby accepts the following bids for the respective vehicles: 1983 Ford Ranger $251.50 Ron Parmenter Motors (Weights & Measures) 2640 Route 14 Montour Falls, NY 1980 Jeep $100.00 Scotty's Towing Svce. (Sheriff's Dept.) P.O. Box 708 Montour Falls, NY, and ---PAGE BREAK--- BE IT FURTHER RESOLVED, that the following bids be rejected: 1983 Ford Ranger $200.00 Thomas R. Jack 166 Buckhollow Road Beaver Dams, NY $200.00 Matthew Maloney 4106 Shorewood Drive Hammondsport, NY $150.99 Bill Rekczis Lot 5, Bath St. Watkins Glen, NY 1980 Jeep $ 80.00 Bill Rekczis Lot 5, Bath St. Watkins Glen, NY $ 50.00 Carol Burnett 2689 C.R. #21 Watkins Glen, NY. Vote: Passed 8-0. RESOLUTION NO. 528 Motion by Smith, second by Karius. RE: PERSONNEL ACTIONS FULL-TIME ADMINISTRATIVE POSITIONS - 121 PART-TIME ADMINISTRATIVE POSITIONS - 55 FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4 FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23 ---PAGE BREAK--- APPOINTMENTS: EFFECTIVE NAME TITLE DEPARTMENT DATE SALARY TYPE METRIS, Sherrie Typist Social Svcs. 11/18/94 13,545 Perm Cont HOUCK, Bulinda Data Entry Social Svcs. 11/18/94 15,728 Perm Machine Operator Cont CROFT, Judith Services Aide OFA 11/28/94 12,457 Lbr CRANE, Karen Acct. Ck. Typ.Probation 12/5/94 14,234 Perm LANDRY, William Laborer Seas. 12/5/94 5.00Hr Seas APPOINTED OFFICIALS: COOK, Diane M. Deputy Clerk Legislature 11/3/94 20,000 Term NAME TITLE DEPARTMENT DATE LEAVES OF ABSENCE: QUINATA, Alice Probation Offcr. Probation 11/4/94 (Medical Leave for Indefinite Length of Time) FORNEY, Judy Account Clerk Social Svcs. 10/3/94 (Return from Leave) COLLINS, Joyce Social Welf. Exam. Social Svcs. 10/26/94 (Return from Leave) GIMBAR, Michele Staff Social Wkr. Mental Health 10/24/94 (Return from Leave) WOOD, Linda Cleaner 11/7/94 ---PAGE BREAK--- (Return from Leave) OTHER: FOOTE, Robert K. Corrections Offcr. Sheriff 11/13/94 (Change in Salary) RESIGNATIONS: DePUE, Edward Laborer 11/9/94 (End of Seasonal Appointment) BROOKE, Marilyn Personnel Clerk Civil Service 10/28/94 MACRI, Laura Acct. Clerk Typ. Probation 11/7/94 MURPHY, Patsy Sr. Data Ent. Opr. Social Svcs. 6/30/94 RETIREMENT: GARDNER, Acct. Supv. Grd B Social Svcs. 11/30/94 BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature. Vote: Passed 8-0. RESOLUTION NO. 529 Motion by Smith, second by Karius. RE: TRANSFER OF FUNDS - VETERANS SERVICE AGENCY WHEREAS, the Veterans Service Agency is in receipt of two bills for burials and has insufficient funds in the 1994 budget to pay for same. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $2,150 from Contingency account no. 1990.5 to Veterans account no. 6510.386. Vote: Passed 8-0. RESOLUTION NO. 530 Motion by Smith, second by Karius. RE: AUTHORIZE PAYMENT METHODOLOGY FOR TELEPHONE BILLS ---PAGE BREAK--- WHEREAS, Schuyler County has implemented a new telephone system with call accounting which requires a new billing methodology for the county departments. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to follow the procedure for 1994 NYNEX and RCI telephone bills, to wit: 1. Departments will be billed their respective portion of the NYNEX and RCI telephone bills to be paid to Central Services account no. 1610.439. 2. The Treasurer's Office will be sent approved vouchers for NYNEX and RCI to be paid from Central Services account no. 1610.439. FOR 1995: 1. A central account will be established, 1610.439, in which the Treasurer's Office will immediately pay approved vouchers for NYNEX and RCI telephone bills. 2. County departments will be billed through the call accounting system and receive a voucher that charges their department's telephone line item and credits account no. 1610- 1270. County departments not included in the call accounting system will continue the current procedure. Vote: Passed 8-0. RESOLUTION NO. 531 Motion by Smith, second by Karius. RE: AUTHORIZE RECYCLING/SOLID WASTE COORDINATOR TO WRITE THE FULL PROPOSAL AND APPLY FOR A GRANT FUNDED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC) FOR A WASTE PESTICIDE COLLECTION PROGRAM WHEREAS, the Schuyler County Legislature requests that the Recycling/Solid Waste Coordinator write and apply for grant funds offered by NYSDEC for a waste pesticide collection program, and WHEREAS, the grant application deadline is December 30, 1994. NOW, THEREFORE, BE IT RESOLVED, that the Recycling/Solid Waste Coordinator is authorized to write the grant application on behalf of Schuyler County. DISCUSSION: Legislator Halpin did not understand the meaning of the last paragraph. County Attorney Coleman said that we wanted to make sure that there is nothing hidden that will come out later. Legislator Fitzsimmons asked that after the word "approval" that "of the grant application" be added." Chairman Franzese said that we should just ---PAGE BREAK--- eliminate the last paragraph. County Attorney Coleman said that maybe the person who wrote the resolution put it that way for a reason. Legislator Halpin said that the last paragraph should be eliminated. Sponsors of the resolution approved the removal of the last paragraph from the resolution. Vote: Passed 8-0. RESOLUTION NO. 532 Motion by Smith, second by Karius. RE: AMEND OFFICE FOR THE AGING 1994 BUDGET Information not yet received from Treasurer's Office. Vote: Passed 8-0. RESOLUTION NO. 533 Motion by Smith, second by Burnside. 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. 534 Motion by Smith, second by Fitzsimmons. RE: TRANSFER OF FUNDS - CIVIL SERVICE/PERSONNEL WHEREAS, advertising costs for 1994 have exceeded the amount budgeted. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize the transfer of $1,650 from Contingency account no. 1990 to Advertising account no. 1430.402. Vote: Passed 8-0. RESOLUTION NO. 535 Motion by Smith, second by Fitzsimmons. RE: ACCEPT UNCONDITIONAL RESIGNATION FROM MIKEL J. UPHAM, DEPUTY SHERIFF WHEREAS, the unconditional resignation of Mikel J. Upham, Deputy Sheriff, from the Schuyler County Sheriff's Department, effective November 14, 1994, has been received. WHEREAS, the appointing authority has accepted said resignation, and ---PAGE BREAK--- WHEREAS, it is in the mutual interest of the parties to settle all accrued benefits and any other claims or obligations now or hereafter existing between them for the sum of $4,139.20 (less the usual deductions). NOW, THEREFORE, BE IT RESOLVED, that the action of the appointing authority be and hereby is confirmed and ratified in all respects and that the expenditure of funds above stated is hereby authorized. Vote: Passed 8-0. RESOLUTION NO. 536 Motion by Fitzsimmons, second by Halpin. RE: AMEND RESOLUTION NO. 500-94/ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - PROBATION BE IT RESOLVED, that Resolution No. 500-94 be amended to decrease the revenue account no. 3140.3310 by $706 (instead of $760). Vote: Passed 8-0. RESOLUTION NO. 537 Motion by Young, second by Karius. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - BUILDINGS AND GROUNDS - FAILED BE IT RESOLVED, that the tentative budget for 1995 be altered and modified as follows: 1. Decrease Subcontract account no. 1620.490 by $5,000. DISCUSSION: Legislator Smith asked David Lisk, Superintendent of Buildings and Grounds, if this cut will have a disastrous effect on work. Mr. Lisk stated that it would not be a disastrous effect, but will have some effect. Vote: Failed 4-4. (Noes: Hastings, Young, Fitzsimmons, and Smith) RESOLUTION NO. 538 Motion by Fitzsimmons, second by Smith. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - PUBLICITY BE IT RESOLVED, that the tentative budget for 1995 be altered and modified as follows: 1. Increase Publicity account no. 6410.436 by $24,225 (Room Tax - Chamber of Commerce) ---PAGE BREAK--- 2. Decrease Publicity account no. 6410.558 by $24,225 (Chamber of Commerce) Note: This is a reorganization of a line, no net change to budget. Vote: Passed 8-0. RESOLUTION NO. 539 Motion by Young, second by Hastings. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - TREASURER BE IT RESOLVED, that the tentative budget for 1995 be altered and modified as follows: 1. Increase Revenue account no. 1325.2401 by $5,000 (Interest on Investments) Vote: Passed 8-0. RESOLUTION NO. 540 Motion by Young, second by Halpin. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - PROBATION - FAILED BE IT RESOLVED, that the tentative budget for 1995 be altered and modified as follows: 1. Decrease Personnel Services account no. 3140.100 by $10,815 2. Decrease State Aid account no. 3140.3310 by $4,128 2. Adjust Benefits accordingly Note: Approximate Net decrease of $11,740 DISCUSSION: Legislator Hastings stated that she spent a lot of time with Ron Alexander on his budget and he did a lot of work to bring his budget down. She stated that he has already lost a person and now we're asking to cut the new person in there. She stated that we are cutting at the expense of the mental health and efficiency of that department. Legislator Halpin stated that other departments have also asked for personnel and did not receive the help they requested. Legislator Halpin supports adjusting the other person to be increased to the 12 hours that was originally budgeted. She would agree adding this to the resolution. Legislator Smith stated that he agrees that Ron has been constantly hit. Legislator Halpin said that Ron did come in with an increase. She reiterated that even with a 0 percent tax increase, we will still have over a $200,000 increase. Chairman Franzese agreed that we have put a lot of hours into the budget. She asked to refrain from making comments about other legislators and asked that we make changes in a controlled ---PAGE BREAK--- manner. Ron Alexander stated that contractual expenses are down. In order to gain the support of the Finance Committee he gave up a part-time position and $2,500 in contractual expense. He gave up $700 in supplies and $600 in travel. He feels that Probation is getting picked on. He said that only one legislator has ever taken the time to come up to Probation. Legislator Fitzsimmons said that we need to move forward with the discussions. Legislator Burnside said that Ron needs help. He said that one person is unreasonable for clerical support in that department. Legislator Hastings "called for the question." It was asked to clarify the resolution. Ron Alexander stated that he is willing to go to 27 hours with the clerical position. Legislator Halpin "called for the question" and to vote on what is there. Vote: Failed 1-7. (Noes: Karius, Smith, Fitzsimmons, Hastings, Young, Burnside, and Franzese). RESOLUTION NO. 541 Motion by Karius, second by Halpin. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - SHERIFF - FAILED BE IT RESOLVED, that the tentative budget for 1995 be altered and modified as follows: 1. Decrease New Car account no. 3110.477 by $16,700 DISCUSSION: Legislator Smith said he again cannot believe the proposed cuts. Legislator Halpin stated that we have bought seven new cars in the last four years. She said that equivalates to almost two cars a year. Vote: Failed 4-4. (Noes: Smith, Fitzsimmons, Hastings, and Burnside). RESOLUTION NO. 542 Motion by Karius, second by Halpin. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - SHERIFF BE IT RESOLVED, that the tentative budget for 1995 be altered and modified as follows: 1. Increase Revenue account no. 3110.1510 by $450 (Sheriff Fees) Vote: Passed 8-0. RESOLUTION NO. 543A Motion by Karius, second by Burnside. RE: AMEND RESOLUTION NO. 543 - FAILED ---PAGE BREAK--- BE IT RESOLVED, that Resolution No. 543 be amended by changing the amount to be deleted from $20,000 to $15,000. DISCUSSION: Mr. McGarry said he is interested in other arrangements of the recycling agreement. He said he needed further research into what is entailed in that agreement. He said that rather than going with a Cooperative Extension cut, he would go with the recycling program cut. Legislator Fitzsimmons said he would offer an amendment that would change the agreement. He said he would change the decrease amount to $6,250 for one quarter of the total recycling grant. He said that we should leave the recycling grant with Cooperative Extension for the first quarter. Legislator Halpin said that Solid Waste has always taken a back seat. She is pleased with the Recycling Program. She is disappointed that Cooperative Extension does not approve of the changes. She said that Planning and Economic Development is vital to our future. She said that Corry Buckwalter, Planning and Economic Development, does not have the time to take up recycling. Legislator Hastings said that she cannot support the $20,000 cut. She said that agriculture is going to have more and more directed at Cooperative Extension. She said that she is willing to go along with Legislator Fitzsimmons' suggestion. She said that there has to be another way to cut the budget. Legislator Young suggested amending the amount to $15,000. Legislator Fitzsimmons stated that he would like to see us maintain the recycling program. Vote: Failed 4-4. (Noes: Smith, Hastings, Young, and Franzese) RESOLUTION NO. 543B Motion by Hastings, second by Young. RE: AMEND RESOLUTION NO. 543 BE IT RESOLVED, that Resolution No. 543 be amended by changing the amount to be deleted from $20,000 to $10,000. Vote: Passed 6-2. (Noes: Karius and Smith). RESOLUTION NO. 543 Motion by Hastings, second by Halpin. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - COOPERATIVE EXTENSION - AS AMENDED BE IT RESOLVED, that the tentative budget for 1995 be altered and modified as follows: 1. Decrease account no. 8750.566 by $10,000 Vote: Passed 7-1. (No: Smith). RESOLUTION NO. 544 Motion by Young, second by Burnside. ---PAGE BREAK--- RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - VETERANS BE IT RESOLVED, that the tentative budget for 1995 be altered and modified as follows: 1. Create Line Item 6510.459 (Training) and add $440 2. Increase Personal Services account no. 6510.100 by $131 Note: Approximate Net increase of $571 Vote: Passed 8-0. RESOLUTION NO. 545 Motion by Halpin, second by Young. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - TREASURER BE IT RESOLVED, that the tentative budget for 1995 be altered and modified as follows: 1. Increase Personnel Services account no. 1325.100 by $635 Vote: Passed 8-0. RESOLUTION NO. 546 Motion by Karius, second by Burnside. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - SALES OF REAL PROPERTY BE IT RESOLVED, that the tentative budget for 1995 be altered and modified as follows: 1. Increase Revenue account no. 1010.2660 by $5,000 Vote: Passed 8-0. RESOLUTION NO. 547 Motion by Halpin, second by Young. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - PUBLIC HEALTH BE IT RESOLVED, that the tentative budget for 1995 be altered and modified as follows: ---PAGE BREAK--- 1. Decrease Personnel Services account no. 4010.100 by $28,867 2. Decrease State Aid account no. 4010.3401 by $11,475 DISCUSSION: Barb Regan, Director of Patient Services, Public Health Department, said that she can do without the supervisor position, however, the workload will continue to increase and will put her further behind. Legislator Smith felt the Legislature is making last-minute decisions on important issues. Legislator Halpin said that this position has been left open because we cannot fill it. Legislator Hastings asked if we could fund the position for six months rather than cut the whole thing out. Legislator Young "called for the question." Vote: Passed 6-2. (Noes: Smith and Hastings). RESOLUTION NO. 548 Motion by Hastings, second by Smith. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 360 - HEALTH & DENTAL INSURANCE BE IT RESOLVED, that the tentative budget for 1995 be altered and modified as follows: 1. Decrease Health & Dental Insurance account no. 9060.807 by $20,476 Vote: Passed 8-0. Chairman Franzese asked that we go to Report on Standing Committees so that the Budget Officer may calculate the budget figures to be voted upon. REPORT ON STANDING COMMITTEES: Legislator Hastings stated that Maxine Neal of the Chamber of Commerce said they are setting up an Agricultural Tourism Program and hope for a trial run in April. She said that the ACSC department will be closing. There will be a meeting to relate how these reorganizations will affect the County as part of a five-year implementation plan which is 75% complete. She also said that we still have the USDA office in the County. She reported that the new tax bills had some gliches. RESOLUTION NO. 549 Motion by Fitzsimmons, second by Young. RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 1995 - FAILED 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 1995 would be held at 7:00 p.m. on December 6, 1994, in the upstairs Main Court Room of the Court House, Watkins Glen, NY, and ---PAGE BREAK--- WHEREAS, the above-mentioned Public Hearing was held on December 6, 1994 at said time and place. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 1995 as presented by the Budget Officer and the Finance Committee of the Legislature, and as revised by the Schuyler County Legislature, to raise $5,878,563.00 by tax levy, be adopted. DISCUSSION: Legislator Young commended Legislator Halpin on the great job she did on the budget. Legislator Hastings suggested cuts in the Legislative office. Chairman Franzese asked if anyone could meet some other time to work on the budget and received little response. Legislator Young called for the "question." Vote: Failed 4-4. (Noes: Karius, Halpin, Burnside, and Franzese) RESOLUTION NO. 550 Motion by Fitzsimmons, second by Hastings. RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 1995 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 1995 would be held at 7:00 p.m. on December 6, 1994, in the upstairs Main Court Room of the Court House, Watkins Glen, NY, and WHEREAS, the above-mentioned Public Hearing was held on December 6, 1994 at said time and place. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 1995 as presented by the Budget Officer and the Finance Committee of the Legislature, and as revised by the Schuyler County Legislature, to raise $5,862,946.00 by tax levy, be adopted. DISCUSSION: Legislator Burnside stated he would change his vote since there is no interest to continue work on the budget. Vote: Passed 5-3. (Noes: Karius, Halpin, and Franzese). RESOLUTION NO. 551 Motion by Fitzsimmons, second by Hastings. RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "1995" WHEREAS, the Schuyler County Legislature by Resolution No. 550, dated December 12, 1994, has adopted a budget for fiscal year 1995. NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the column entitled "1995" as amended, be, and the same hereby are, appropriated for the objects and purposes specified, effective January 1, 1995. ---PAGE BREAK--- Vote: Passed 7-1. (No: Halpin). RESOLUTION NO. 552 Motion by Fitzsimmons, second by Hastings. RE: 1995 BUDGET OF $18,916,284.00: 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, 1994, 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, 1994 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 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: MOTION by Hastings, SECOND by Smith to have an informational meeting only with the Village of Watkins Glen and others relative to the tower. Attorney Coleman to provide available dates for a meeting with the Clerk; Legislator Hastings to discuss available dates with the Village of Watkins Glen. PUBLIC PARTICIPATION - 10:17 P.M. - Sue Brill asked if the County consulted with their labor counsel prior to acting on the resolutions for positions in Department of Social Services and Public Health. Legislator Halpin said they had considered doing that, but it was not done. The meeting adjourned at 10:20 p.m. Gail M. Willis, Clerk Diane M. Cook, Deputy Clerk ANNUAL BUDGET OF 1995 Budget of Schuyler County for Fiscal Year Beginning January 1, 1995 Tentative Budget - Filed October 24, 1994 Adopted December 12, 1994 NANCY A. PETERS, BUDGET OFFICER ---PAGE BREAK--- LEGISLATIVE BOARD LEGISLATURE A1010.1 Personal Service 100,494.00 A1010.2 Equipment 0.00 A1010.4 Contractual Expense 32,000.00 A1010.6 Lease/Purchase 2,330.00 TOTAL LEGISLATIVE BOARD 134,824.00 JUDICIAL DISTRICT ATTORNEY A1165.1 Personal Service 58,346.00 A1165.4 Contractual Expense 20,015.00 TOTAL DISTRICT ATTORNEY 78,361.00 PUBLIC DEFENDER A1170.1 Personal Service 27,927.00 A1170.4 Contractual Expense 27,500.00 TOTAL PUBLIC DEFENDER 55,427.00 JUSTICE OF THE PEACE ---PAGE BREAK--- A1180.4 Contractual Expense 500.00 TOTAL JUSTICE OF THE PEACE 500.00 CORONERS A1185.4 Contractual Expense 13,000.00 TOTAL CORONERS 13,000.00 TOTAL JUDICIAL 147,288.00 FINANCE COUNTY TREASURER A1325.1 Personal Service 119,772.00 A1325.2 Equipment 350.00 A1325.4 Contractual Expense 31,450.00 TOTAL COUNTY TREASURER 151,572.00 BUDGET OFFICER A1340.1 Personal Service 0.00 A1340.4 Contractual Expense 750.00 TOTAL BUDGET OFFICER 750.00 REAL PROPERTY TAX SERVICE ---PAGE BREAK--- A1355.1 Personal Service 62,972.00 A1355.2 Equipment 1,500.00 A1355.4 Contractual Expense 33,725.00 A1355.6 Lease/Purchase 1,050.00 TOTAL REAL PROPERTY TAX SERVICE 99,747.00 TAX SALE ADVERTISING & EXPENSE A1362.4 Contractual Expense 4,500.00 TOTAL TAX SALE ADVERTISING & EXPENSE 4,500.00 EXP.-PROP. ACQUIRED FOR TAXES A1364.4 Contractual Expense 6,000.00 TOTAL EXP.-PROP. ACQUIRED FOR TAXES 6,000.00 TOTAL FINANCE 262,569.00 STAFF COUNTY CLERK (INCLUDES MOTOR VEHICLE) A1410.1 Personal Service 124,379.00 A1410.2 Equipment 3,800.00 A1410.4 Contractual Expense 18,700.00 TOTAL COUNTY CLERK 146,879.00 ---PAGE BREAK--- COUNTY ATTORNEY A1420.1 Personal Service 80,569.00 A1420.2 Typewriter 100.00 A1420.4 Contractual Expense 19,550.00 TOTAL COUNTY ATTORNEY 100,219.00 PERSONNEL A1430.1 Personal Service 68,854.00 A1430.2 Equipment 2,000.00 A1430.4 Contractual Expense 12,660.00 TOTAL PERSONNEL 83,514.00 ELECTIONS A1450.1 Personal Service 25,754.00 A1450.2 Equipment 600.00 A1450.4 Contractual Expense 15,100.00 TOTAL ELECTIONS 41,454.00 RECORDS MANAGEMENT A1460.1 Personal Service 0.00 ---PAGE BREAK--- A1460.4 Contractual Expense 0.00 A1460.8 Employee Benefits 0.00 TOTAL RECORDS MANAGEMENT 0.00 TOTAL STAFF 372,066.00 SHARED SERVICES CENTRAL SERVICES A1610.4 Telephone 1,500.00 TOTAL CENTRAL SERVICES 1,500.00 BUILDINGS A1620.1 Personal Service 150,731.00 A1620.2 Equipment 2,500.00 A1620.4 Contractual Expense 122,550.00 TOTAL BUILDINGS 275,781.00 GROUNDS A1622.2 Equipment 500.00 A1622.4 Contractual Expense 6,000.00 TOTAL GROUNDS 6,500.00 ---PAGE BREAK--- PROFESSIONAL CONSULTANT A1630.4 Contractual Expense 5,000.00 TOTAL PROFESSIONAL CONSULTANT 5,000.00 STOREROOM A1660.1 Personal Service 0.00 A1660.4 Contractual Expense 1,450.00 TOTAL STOREROOM 1,450.00 CENTRAL DATA PROCESSING A1680.2 Equipment 2,000.00 A1680.4 Contractual Expense 41,100.00 TOTAL CENTRAL DATA PROCESSING 43,100.00 TOTAL SHARED SERVICES 333,331.00 SPECIAL ITEMS 1910.4 INSURANCE Workmen's Compensation 160,000.00 Bonds 1,970.00 SMP 49,900.00 Boiler 1,500.00 BAP 3,770.00 ---PAGE BREAK--- TOTAL INSURANCE 217,140.00 A1920.0 ASSOCIATION DUES NYSAC 2,100.00 Supervisor & Legislator 0.00 TOTAL ASSOCIATION DUES 2,100.00 A1930.0 JUDGMENTS & CLAIMS TOTAL JUDGMENTS & CLAIMS 4,800.00 A1950.0 TAXES & ASSESS. ON PROPERTY TOTAL TAXES & ASSESS. ON PROPERTY 205.00 CONTINGENCY ACCOUNT A1990.0 TOTAL CONTINGENCY ACCOUNT 50,000.00 TOTAL SPECIAL ITEMS 274,245.00 EDUCATION A2490.4 COMMUNITY COLLEGES TOTAL COMMUNITY COLLEGES 500,000.00 ---PAGE BREAK--- EDUCATION - PHC A2960.4 Contractual Expense 368,400.00 TOTAL EDUCATION - PHC 368,400.00 MEDICAL SCHOLARSHIP A2980.4 TOTAL MEDICAL SCHOLARSHIP 6,700.00 TOTAL EDUCATION 875,100.00 PUBLIC SAFETY SHERIFF A3110.1 Personal Service 418,947.00 A3110.2 Equipment 4,600.00 A3110.4 Contractual Expense 167,880.00 TOTAL SHERIFF 591,427.00 NAVIGATION AND SNOWMOBILE A3111.1 Personal Service 8,500.00 A3111.2 Equipment 0.00 A3111.4 Contractual Expense 2,400.00 TOTAL NAVIGATION AND SNOWMOBILE 10,900.00 ---PAGE BREAK--- HECTOR LAND PATROL A3112.1 Personal Service 2,500.00 TOTAL HECTOR LAND PATROL 2,500.00 PROBATION A3140.1 Personal Service 149,616.00 A3140.2 Equipment 499.00 A3140.4 Contractual Expense 13,475.00 A3140.6 Lease/Purchase 1,456.00 TOTAL PROBATION 165,046.00 JAIL A3150.1 Personal Service 445,305.00 A3150.2 Equipment 3,500.00 A3150.4 Contractual Expenses 173,900.00 A3150.6 Lease/Purchase 2,300.00 TOTAL JAIL 625,005.00 TRAFFIC CONTROL A3310.4 TOTAL TRAFFIC CONTROL 50.00 ---PAGE BREAK--- STOP - D.W.I. A3315.1 Personal Service 36,390.00 A3315.2 Equipment 3,000.00 A3315.4 Contractual Expense 15,882.00 TOTAL STOP - D.W.I. 55,272.00 FIRE-EMERGENCY A3412.2 Equipment 0.00 A3412.4 Contractual Expense 23,646.00 TOTAL FIRE-EMERGENCY 23,646.00 DOG CONTROL A3510.1 Personal Service 31,830.00 A3510.2 Equipment 0.00 A3510.4 Contractual Expense 15,300.00 TOTAL DOG CONTROL 47,130.00 EXAMINING BDS-COND. RELEASE A3610.4 Contractual Expense 0.00 TOTAL EXAMINING BDS-COND. RELEASE 0.00 ---PAGE BREAK--- EMERGENCY SERVICES A3689.1 Personal Service 45,020.00 A3689.2 Equipment 7,750.00 A3689.4 Contractual Expense 99,220.00 TOTAL EMERGENCY SERVICES 151,990.00 TOTAL PUBLIC SAFETY 1,672,966.00 PUBLIC HEALTH PUBLIC HEALTH NURSE A4010.1 Personal Service 323,638.00 A4010.2 Equipment 18,000.00 A4010.4 Contractual Expense 140,612.00 TOTAL PUBLIC HEALTH NURSE 482,250.00 RABIES A4042.1 Personal Service 0.00 A4042.4 Contractual Expenses 16,000.00 TOTAL RABIES 16,000.00 MOSQUITO CONTROL A4043.1 Personal Service 0.00 A4043.4 Contractual Expense 0.00 ---PAGE BREAK--- TOTAL MOSQUITO CONTROL 0.00 PHYSICALLY HANDICAPPED A4046.4 Contractual Expense 15,600.00 TOTAL PHYSICALLY HANDICAPPED 15,600.00 WATERSHED A4050.1 Personal Service 59,823.00 A4050.2 Equipment 400.00 A4050.4 Contractual Expense 21,312.00 TOTAL WATERSHED 81,535.00 MENTAL HEALTH A4310.1 Personal Service 406,923.00 A4310.2 Equipment 18,800.00 A4310.4 Contractual Expense 195,176.00 A4310.6 Lease/Purchase 3,200.00 TOTAL MENTAL HEALTH 624,099.00 MENTAL HEALTH CONTRACT AGENCIES A4322A Special Children's Center 0.00 ---PAGE BREAK--- A4322B Challenge Industries 5,885.00 A4322C Glen Industries 65,000.00 A4322D Finger Lakes Alcohol Council 55,759.00 A4322E Schuyler Hospital 167,712.00 TOTAL MENTAL HEALTH CONTRACT AGENCIES 312,784.00 TOTAL PUBLIC HEALTH 936,883.00 TRANSPORTATION BUS OPERATIONS A5630.4 Contractual Expense 134,017.00 TOTAL BUS OPERATIONS 134,017.00 TOTAL TRANSPORTATION 134,017.00 SOCIAL SERVICES SOCIAL SERVICES ADMINISTRATION A6010.1 Personal Service 869,899.00 A6010.2 Equipment 5,845.00 A6010.4 Contractual Expense 361,140.00 TOTAL SOCIAL SERVICES ADMINISTRATION 1,236,884.00 JOBS ADMINISTRATION A6015.1 Personal Service 43,658.00 ---PAGE BREAK--- A6015.4 Contractual Expense 105,100.00 TOTAL JOBS ADMINISTRATION 148,758.00 SERVICES FOR RECIPIENTS A6070.3 Preventive Services 34,000.00 A6070.4 Day-Care Contractual Expense 99,250.00 TOTAL SERVICES FOR RECIPIENTS 133,250.00 PROGRAMS A6101.4 Medical Assistance 165,000.00 A6102.4 M.M.I.S. Med. Assistance 2,120,000.00 A6106.4 Special Needs (Adult/Family Homes) 865.00 A6109.4 Dependent Children 2,390,900.00 A6119.4 Aid to Child Care 239,150.00 A6123.4 Juvenile Delinquency 78,500.00 A6129.4 State Training 47,500.00 A6135.4 Jobs 50,000.00 A6140.4 Home Relief 410,000.00 A6141.4 Energy Ass't. Program 275,000.00 A6142.4 Emergency Aid Adults 3,000.00 A6148.4 Burials 15,500.00 ---PAGE BREAK--- TOTAL PROGRAMS 5,795,415.00 TOTAL SOCIAL SERVICES 7,314,307.00 COMMUNITY ACTION PROGRAMS A6310.1 TOTAL COMMUNITY ACTION PROGRAMS 2,800.00 PUBLICITY A6410.4 Contractual Expense 69,100.00 TOTAL PUBLICITY 69,100.00 VETERAN SERVICE A6510.1 Personal Service 7,327.00 A6510.4 Contractual Expense 5,547.00 TOTAL VETERAN SERVICE 12,874.00 SEALER OF WEIGHTS & MEASURES A6610.1 Personal Service 5,695.00 A6610.2 Equipment 100.00 A6610.4 Contractual Expense 1,568.00 TOTAL SEALER OF WEIGHTS & MEASURES 7,363.00 ---PAGE BREAK--- PROGRAMS FOR AGING A6772.1 Personal Service 217,318.00 A6772.2 Equipment 2,000.00 A6772.4 Contractual Expense 265,828.00 TOTAL PROGRAMS FOR AGING 485,146.00 OTHER ECONOMIC OPPORTUNITY/DEVELOPMENT A6869.4 Contractual 23,000.00 TOTAL ECONOMIC OPPORTUNITY/DEVELOPMENT 23,000.00 YOUTH A7310.1 Personal Service 72,122.00 A7310.4 Contractual Expense 90,825.00 A7311.0 Youth Contract Agencies 0.00 TOTAL YOUTH 162,947.00 HEAD START TRANSPORTATION A7330.4 TOTAL HEAD START TRANSPORTATION 0.00 LIBRARY A7410.4 Southern Tier Library 200.00 ---PAGE BREAK--- TOTAL LIBRARY 200.00 HISTORIAN A7510.1 Personal Service 0.00 A7510.4 Contractual Expense 0.00 TOTAL HISTORIAN 0.00 OTHER PERFORMING ARTS A7460.4 Contractual 5,000.00 TOTAL PERFORMING ARTS 5,000.00 PLANNING A8020.1 Personal Service 44,905.00 A8020.2 Equipment 2,100.00 A8020.4 Contractual Expense 10,400.00 TOTAL PLANNING 57,405.00 REFUSE COLLECTION & DISPOSAL A8160.1 Personnel Services 0.00 A8160.4 Contractual Expense 24,500.00 TOTAL REFUSE COLLECTION & DISPOSAL 24,500.00 ---PAGE BREAK--- NATURAL RESOURCES A8510.4 Environmental Council 14,700.00 A8710.4 Conservation Programs 51,100.00 TOTAL NATURAL RESOURCES 65,800.00 AGRICULTURE & LIVESTOCK A8750.4 Cooperative Extension 191,196.00 TOTAL AGRICULTURE & LIVESTOCK 191,196.00 SPECIAL SERVICES A8830.4 Association for the Blind 600.00 TOTAL SPECIAL SERVICES 600.00 UNDISTRIBUTED EMPLOYEE BENEFITS A9010.8 State Retirement 31,003.00 A9030.8 Social Security 306,701.00 A9050.8 Unemployment Insurance 15,000.00 A9055.8 Disability Insurance 18,800.00 A9060.8 Health Insurance 744,718.00 TOTAL UNDISTRIBUTED EMPLOYEE BENEFITS 1,116,222.00 ---PAGE BREAK--- INTERFUND TRANSFERS A9522.9 Trans. to Co. Road Fund 843,424.00 A9524.9 Trans. to Road Machinery 236,636.00 TOTAL INTERFUND TRANSFERS 1,080,060.00 DEBT SERVICE PRINCIPAL A9710.6 Serial Bonds 206,000.00 A9730.6 Bond Anticipation Notes 46,000.00 A9750.6 Budget Notes 0.00 INTEREST A9710.7 Serial Bonds 219,290.00 A9730.7 Bond Anticipation Notes 9,280.00 A9750.7 Budget Notes 0.00 A9760.7 Tax Anticipation Notes 0.00 A9950.9 Transfer to Capital Project 25,000.00 TOTAL DEBT SERVICE 253,570.00 A9900.0 TOTAL GENERAL FUND APPROPRIATIONS 17,063,224.00 COUNTY ROAD FUND ---PAGE BREAK--- ADMINISTRATION D5010.1 Personal Service 77,164.00 D5010.2 Equipment 1,400.00 D5010.4 Contractual Expense 6,300.00 TOTAL ADMINISTRATION 84,864.00 ENGINEERING D5020.4 Contractual Expense 50,000.00 TOTAL ENGINEERING 50,000.00 MAINTENANCE D5110.1 Personal Service 245,500.00 D5110.4 Contractual Expense 515,150.00 TOTAL MAINTENANCE 766,150.00 PERMANENT IMPROVEMENTS D5112.3 C.R. 2 Reconstruction 65,000.00 D5120.0 Bridges 15,500.00 TOTAL PERMANENT IMPROVEMENTS 80,500.00 SNOW REMOVAL ---PAGE BREAK--- D5142.1 Personal Service 87,000.00 D5142.4 Contractual Expense 106,000.00 TOTAL SNOW REMOVAL 193,000.00 EMPLOYEE BENEFITS D9010.8 State Retirement 15,160.00 D9030.8 Social Security 31,760.00 D9055.8 Disability Insurance 1,510.00 D9060.8 Hospital & Medical Insurance 60,850.00 TOTAL EMPLOYEE BENEFITS 109,730.00 DEBT SERVICE PRINCIPAL A9710.6 Serial Bonds 94,000.00 INTEREST A9710.7 Serial Bonds 31,280.00 TOTAL DEBT SERVICE 125,280.00 TOTAL COUNTY ROAD FUND 1,369,524.00 MACHINERY FUND DM5130.1 Personal Service 107,900.00 ---PAGE BREAK--- DM5130.2 Equipment 8,500.00 DM5130.4 Contractual Expense 256,500.00 DM9010.8 State Retirement 3,843.00 DM9030.8 Social Security 8,254.00 DM9055.8 Disability Insurance 356.00 DM9060.8 Hospital and Medical Insurance 16,200.00 DM9730.6 Bond Anticipation Note 40,612.00 DM9730.7 Interest 1,371.00 TOTAL MACHINERY FUND 443,536.00 REVENUES: REAL PROPERTY ITEMS 1081 Other Payments In Lieu of Taxes 85,000.00 1090 Interest/Penalities on Taxes 435,000.00 1091 Penalties on Spec. Assess. 18,000.00 TOTAL 538,000.00 NON-PROPERTY TAXES 1110 State Administrated Sales & Use Tax 2,208,000.00 1113 Tax on Hotel Room Occupancy 0.00 TOTAL 2,208,000.00 ---PAGE BREAK--- DEPARTMENTAL INCOME GENERAL 1230 Treasurer's Fees 8,400.00 1235 Charges for Tax Advertising 0.00 1255 County Clerk Fees 159,116.00 1260 Personnel Fees 1,000.00 1265 Attorney Fees 68,794.00 1270 Shared Services Charges 79,340.00 1510 Sheriff Fees 146,450.00 1512 Board of Prisoners - Other Municip. 40,000.00 1550 Public Pound Chgs & Control Fees 1,000.00 1580 Restitution 1,400.00 1587 Bureau of Fire - Life Safety 5,000.00 1588 Emergency Medical Grant Fees 20,525.00 1589 Other Public Safety Dept. Income 30,000.00 HEALTH 1609 Watershed 24,000.00 1610 Home Nursing Charges 350,000.00 1611 Office for Aging 18,000.00 1620 Mental Health Fees 478,847.00 ---PAGE BREAK--- 1625 Mental Health Contr. from Private Agency 14,950.00 1689 Other Health Dept. Income 6,032.00 TRANSPORTATION 1789 Other Transp. Dept. Income 24,000.00 SOCIAL SERVICES 1801 Repayments of Medical Assistance 75,000.00 1809 Repayments of Aid to Dep. Children 134,895.00 1810 Repayments of Administration 5,000.00 1811 Child Support, Incentive Payment 29,000.00 1815 Repayment of Jobs 12,500.00 1819 Repayment of Child Care 3,920.00 1823 Repayment of Juvenile Delin. Care 650.00 1829 Repayment of State Training 2,000.00 1840 Repayments of Home Relief 23,000.00 1841 Repayments of Energy Assistance 5,000.00 1848 Repayments of Burials 500.00 1962 Weights and Measures Fees 0.00 1972 Programs for Aging 54,906.00 2070 Contrib. Private Agent-Youth 0.00 2115 Planning Board Fees 15,000.00 2201 Tax Assessment Service 15,700.00 2215 Election Services 600.00 ---PAGE BREAK--- 2268 Dog Control Services - Other Governments 18,000.00 TOTAL DEPARTMENTAL INCOME 2,005,825.00 USE OF MONEY & PROPERTY 2401 Interest on Investments 60,000.00 2410 Rental Of Buildings - Ind. 66,662.00 2412 Rental of Buildings - Other Governments 0.00 TOTAL 126,662.00 MISCELLANEOUS 2610 Fines 100.00 2615 Stop-D.W.I., Fines 45,000.00 2650 Sale of Scrap & Excess 200.00 2680 Insurance Recoveries 45,000.00 2701 Refunds of Prior Years Expenditures 0.00 2705 Gifts and Donations 0.00 2720 Off Track Betting 22,000.00 2770 Other Revenues 0.00 TOTAL 112,300.00 STATE AID GENERAL 3021 Court Facilities Aid 8,800.00 ---PAGE BREAK--- 3040 Tax Maps and Assessments 2,000.00 3277 Education - Handicapped Children 234,185.00 PUBLIC SAFETY 3310 Probation Services 65,774.00 3315 Navigation Law Enforcement 8,175.00 3316 Board of Prisoners 30,000.00 3330 Unified Court Budget Security Costs 26,000.00 HEALTH 3401 Public Health 92,855.00 3403 Watershed 24,453.00 3446 Handicapped Children 7,740.00 3451 Lead Testing 0.00 3489 Other Health - Rabies 500.00 3490 Mental Health 201,946.00 3594 Bus & Other Mass Transportation 93,017.00 ECONOMIC ASSISTANCE & OPPORTUNITY 3601 Medical Assistance 19,000.00 3602 Mentally Disabled 350,000.00 3606 Special Needs (Adult/Family Homes) 865.00 3609 Aid to Dependent Children 617,234.00 3610 Administration 641,835.00 3615 Jobs 37,250.00 3619 Child Care 99,800.00 ---PAGE BREAK--- 3623 Juvenile Delinquency 36,000.00 3635 Jobs 12,500.00 3640 Home Relief 196,000.00 3642 Emergency Aid for Adults 1,500.00 3648 Burials 3,600.00 3670 Purchase of Services 79,035.00 3710 Veterans Service Agencies 18,060.00 3772 Programs for Aging 170,044.00 3789 Other Econ. Assistance & Opportunity 2,340.00 CULTURE & RECREATION 3820 Youth Programs 72,918.00 3910 Conservation Program 0.00 TOTAL STATE AID 2,870,826.00 FEDERAL AID 4080 Hector Land Use Area 2,500.00 4089 Other (Transportation - Section 18) 17,000.00 4305 Civil Defense 5,000.00 4601 Medical Assistance 26,000.00 4602 Disporportionate Share 47,000.00 4609 Aid to Dependent Children 1,022,771.00 4610 Administration 555,420.00 4611 Food Stamps 65,300.00 ---PAGE BREAK--- 4615 Jobs 108,800.00 4619 Child Care 36,000.00 4635 Jobs 25,000.00 4641 HEAP Program 270,000.00 4670 Purchase of Services 37,200.00 4772 Programs for the Aging 249,014.00 4820 Youth Program 63,309.00 TOTAL FEDERAL AID 2,238,264.00 TOTAL GENERAL FUND REVENUES 11,025,006.00 COUNTY ROAD REVENUES D2300 Services 500.00 D2401 Interest on Investments 1,200.00 D2590 Permits 700.00 D2680 Insurance Recoveries 250.00 D2701 Refunds of Prior Years 1,200.00 D2770 Unclassified Revenues 200.00 D3501 Consolidated Highway Aid 522,050.00 D5031 Interfund Transfers 843,424.00 TOTAL COUNTY ROAD REVENUES 1,369,524.00 MACHINERY FUND REVENUES ---PAGE BREAK--- DM2300 Services 2,000.00 DM2401 Interest on Investments 800.00 DM2416 Rental of Equipment/Other Governments 2,000.00 DM2650 Sale of Scrap 100.00 DM2801 Interfund Revenues - Rental of Equipment Maintenance of Roads and Bridges 180,000.00 DM5031 Interfund Transfers 236,636.00 TOTAL MACHINERY FUND REVENUES 421,536.00 Revenues Revenues Attrib. Not State & to Attrib. Appropriations Fed. Aid Function to Funct. Legislative Board 134,824.00 2,320,000 Judicial 147,288.00 Finance 262,569.00 2,000 547,600 Staff 372,066.00 229,510 Shared Svcs. 412,671.00 8,800 150,802 Education 875,100.00 234,185 30,000 Special Items 274,245.00 45,000 Public Safety 1,672,966.00 159,269 310,475 Health 1,652,268.00 655,453 951,829 ---PAGE BREAK--- Transportation 134,017.00 110,017 24,000 Social Services 7,314,307.00 4,288,110 291,465 Economic Programs 115,137.00 4,200 34,000 Programs for Aging 485,146.00 419,058 54,906 Youth Programs 162,947.00 136,227 0 County General 344,701.00 2,100 16,000 Undistributed 1,116,942.00 Interfund Trans. 1,105,060.00 Debt Service(Gen.) 480,970.00 Debt Service(Co.Rd.) 125,280.00 125,280 Debt Service(Mach.) 41,983.00 41,983 Co. Road Maint. 1,203,744.00 441,550 4,050 718,144 Co. Road Improvemt. 80,500.00 80,500 Machinery 401,553.00 184,900 194,653 TOTAL 18,916,284.00 6,541,469 5,194,537 1,080,060 ESTIMATED REVENUES: STATE & FEDERAL AID 6,541,469.00 ATTRIBUTABLE TO FUNCTIONS 5,194,537.00 NOT ATTRIBUTABLE TO FUNCTIONS 1,080,060.00 TOTAL ESTIMATED REVENUES 12,816,066.00 APPROPRIATED SURPLUS 237,272.00 1993 TAX LEVY 5,862,946.00 ---PAGE BREAK--- SUMMARY BY FUNDS CO. RD. TOTAL GENERAL CO. ROAD CAPITAL MACHINERY Appropriations, excluding Interfund Items: 17,811,224.00 15,958,164.00 1,409,524 443,536 Interfund Items: 1,105,060.00 1,105,060.00 TOTAL APPROPRIATIONS: 18,916,284.00 17,063,224.00 1,409,524 443,536 LESS: Estimated Revenues, other than Real Estate Taxes and excluding Interfund Items: CO. RD. TOTAL GENERAL CO. ROAD CAPITAL MACHINERY 11,556,006.00 11,025,006.00 526,100 4,900 Interfund Items: 1,206,060.00 834,424 416,636 Appropriated Cash Surplus to Reduce Tax Levy: 237,272.00 175,272.00 40,000 22,000 TOTAL REVENUES: 13,053,338.00 11,200,278.00 1,409,524 443,536 ---PAGE BREAK--- Balance of Appropriations to be Raised by Real Estate Taxes: 5,862,946.00 SUMMARY OF BUDGET ALL FUNDS Total Appropriations of all Funds (excluding Interfund Items) 17,811,224.00 Interfund Items 1,105,060.00 TOTAL APPROPRIATIONS 18,916,284.00 LESS: Estimated Revenues (excluding Interfund Items) 11,556,006.00 Interfund Items 1,260,060.00 Appropriated Cash Surplus to Reduce Tax Levy 237,272.00 ---PAGE BREAK--- TOTAL ESTIMATED REVENUES & APPROPRIATED CASH SURPLUS ALL FUNDS 13,053,338.00 General 175,272.00 County Road 40,000.00 Machinery 22,000.00 REAL ESTATE LEVY 5,862,946.00 ESTIMATED CASH SURPLUS AND RESERVES AT END OF PRESENT FISCAL YEAR GENERAL FUND COUNTY ROAD MACHINERY SURPLUS SURPLUS SURPLUS Estimated Cash Surplus at end of present fiscal year after deducting estimated encumbrances 1,600,000.00 100,000.00 55,000.00 Estimated Cash Surplus and Reserves Appropriated by Board to Reduce Tax Levy 175,272.00 40,000.00 22,000.00 ---PAGE BREAK--- RESERVE FUNDS: Reserve for Uncollected Taxes 261,026.00 CONSTITUTIONAL TAX MARGIN 1,094,621.00 SUPPLEMENTAL STATEMENT Serial Bonds Outstanding DUE 1994 Computer System 6,000.00 County Route #6 20,000.00 Seneca Harbor Park 95,000.00 Animal Shelter 25,000.00 County Route #27 15,000.00 Western Breakwater 195,000.00 Jail Renovation 989,000.00 County Routes #21 & #7 160,000.00 County Route #15 Bridge 140,000.00 County Route #15 Road 75,000.00 Office Building Roof 5,000.00 ---PAGE BREAK--- County Route #21 25,000.00 TOTAL CONSOLIDATED ISSUE 200,000.00 Bond Anticipation Notes H.D. Diesel Tandem Dump Trucks 121,837.00 TOTAL OUTSTANDING DEBT 2,096,837.00 INDEBTEDNESS AUTHORIZED AND UNISSUED Court House Reconstruction 1,800,000.00 Court House Recon. Increase 268,648.00 Recon. Seneca Harbor Park 91,000.00 Recon. Various Co. Buildings 140,242.00 TOTAL UNISSUED DEBT 2,300,000.00 YEAR END MEETING DECEMBER 28, 1994 The December 28, 1994 Year End Meeting of the Schuyler County Legislator was called to order at 9:04 a.m. by Chairman Franzese. The Pledge of Allegiance was led by ---PAGE BREAK--- Legislator Smith and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present. ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: None. PUBLIC PARTICIPATION: None. RESOLUTION NO. 553 Motion by Fitzsimmons, second by Burnside. RE: ACCEPT/REJECT BIDS FOR VEHICLE - OFFICE FOR THE AGING WHEREAS, the Office for the Aging was authorized to advertise for bids for a vehicle, and WHEREAS, bids were received, opened and reviewed at the December 16, 1994 Human Services Committee meeting. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Human Services Committee, that this Legislature accept the bid from Albany Dodge, Inc., 770 Central Avenue, P.O. Box 1035, Albany, NY 12201 in the amount of $14,830.00 plus $379.00 for a running board, for a 1995 Ram Wagon Van, and BE IT FURTHER RESOLVED, that the following bids be rejected: Whitcomb Ford, Inc. 5 Canada Road P.O. Box 482 Painted Post, NY 14870 $21,046.00 Alternate Bid $19,364.00 Clifford Motors 111 N. Franklin Street Watkins Glen, NY 14891 $18,450.00 Botnick Chevrolet-GEO 179 Front Street Binghamton, NY 13905 $19,198.24 ---PAGE BREAK--- Keorner Ford 805 W. Genesee Street Syracuse, NY 13204 $18,275.80 Alternate Bid $18,753.80 Vote: Passed 8-0. RESOLUTION NO. 554 Motion by Fitzsimmons, second by Burnside. RE: AUTHORIZE 1993 COST ALLOCATION PLAN - DSS BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to certify the A-87 Cost Allocation Plan for the fiscal year 1993 to be used for claiming costs for the Schuyler County Department of Social Services in fiscal year 1995. Vote: Passed 8-0. RESOLUTION NO. 555 Motion by Fitzsimmons, second by Burnside. RE: AUTHORIZE SERVICE MAINTENANCE AGREEMENT - DSS BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a service maintenance agreement with KEX/Copy Source, 21 S. Washington Street, Binghamton, NY 13903 in the amount of $1,560 per year for 313,000 copies (additional copies .005/copy) from 12/30/94-12/30/95, subject to approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 556 Motion by Halpin, second by Fitzsimmons. RE: AUTHORIZE PURCHASE OF COMPUTER/TRANSFER OF FUNDS - YOUTH BUREAU WHEREAS, the Leading Edge Computer presently being used in the Youth Bureau was purchased in 1985 as a dual drive floppy disc drive, and WHEREAS, this system is virtually inoperable and has been since mid-summer, and WHEREAS, the New York State Division for Youth (NYS DFY) has agreed to reimburse Schuyler County for 50% of the purchase price of a new computer for the Youth Bureau up to a total cost of $2,000, and ---PAGE BREAK--- WHEREAS, the Computer Coordination has approved of this purchase. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau Director be authorized to purchase computer hardware at a cost up to but not exceeding $2,000, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to make the following account transfers: Amount From Account No. To Account No. $124.84 7310.401 7310.207 193.28 7310.426 354.10 7310.433 500.23 7310.438 190.83 7310.440 636.72 7310.562 Vote: Passed 8-0. RESOLUTION NO. 557 Motion by Halpin, second by Fitzsimmons. RE: AUTHORIZING 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, 1994 through September 30, 1994, 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 (SEE PAGE 270). Vote: Passed 8-0. RESOLUTION NO. 558 Motion by Halpin, second by Fitzsimmons. RE: AUTHORIZE ENCUMBRANCE OF FUNDS - LEGISLATURE ---PAGE BREAK--- BE IT RESOLVED, that the sum of $1,500.00 from the 1994 Legislature account no. 1010.434-Printing be encumbered for the printing of the 1993 Proceedings. Vote: Passed 8-0. RESOLUTION NO. 559 Motion by Smith, second by Burnside. RE: TRANSFER OF FUNDS - RECORDS MANAGEMENT WHEREAS, the funds for the building materials for the renovation of the new Records Retention Room are appropriated in a .2-equipment account and need to be transferred into a contractual expense item. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $9,580 from account no. 1460.200-1464 to 1460.438-1464. Vote: Passed 8-0. RESOLUTION NO. 560 Motion by Smith, second by Burnside. RE: AUTHORIZE PURCHASE OF COMPUTER/TRANSFER OF FUNDS - BOARD OF ELECTIONS WHEREAS, there are monies available in the Elections budget for the purchase of a computer and printer; and there are monies available in contractual line items to supplement said purchase. NOW, THEREFORE, BE IT RESOLVED, that the Board of Elections be authorized to purchase a new computer and printer, subject to approval of the Computer Coordination Committee, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $800 from account no. 1450.408 and $1,000 from account no. 1450.434 to account no. 1450.207-computer. DISCUSSION: Legislator Halpin asked if the money was to buy a computer and a printer. Gail Willis, Clerk of the Legislature, stated that this was to supplement the money they already have in the account for the purchase. Vote: Passed 8-0. RESOLUTION NO. 561 Motion by Smith, second by Burnside. RE: TRANSFER OF FUNDS - SHERIFF'S DEPARTMENT ---PAGE BREAK--- BE IT RESOLVED, that the Schuyler County Treasurer be, and hereby is, authorized to transfer funds in the Sheriff's Department 1994 accounts, as follows: $ 1,700 from account no. 3112-101 to account no. 3510-400 $ 500 from account no. 3510-200 to account no. 3510-400 $ 2,000 from account no. 3110-201 to account no. 3110-444 $ 3,000 from account no. 3111-101 to account no. 3150-100 $ 800 from account no. 3111-400 to account no. 3110-444 $72,000 from account no. 3110-100 to account no. 3150-100 DISCUSSION: Legislator Halpin asked why so much money was going into the .100 account. Chairman Franzese asked Legislator Burnside to get in contact with Sheriff Maloney and ask him specifics concerning these transfers. Vote: Passed 8-0. RESOLUTION NO. 562 Motion by Hastings, second by Smith. RE: AUTHORIZATION TO REQUEST FEDERAL SECTION 18 ASSISTANCE FOR SCHUYLER COUNTY TRANSIT SERVICE - FY 1995 WHEREAS, the County of Schuyler is submitting a request for a grant of funds to the New York State Department of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964 as amended, for a project to provide for public mass transportation service for the Villages of Montour Falls and Watkins Glen, towns of Montour and Hector and the City of Corning for the 1995 fiscal year, and WHEREAS, the County of Schuyler and 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 C001944. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to act on behalf of Schuyler County to sign the annual grant application and progress and complete the above named project, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign any contracts or agreements between the County of Schuyler and any third party subcontractor necessary to complete the project. Vote: Passed 8-0. ---PAGE BREAK--- RESOLUTION NO. 563 Motion by Hastings, second by Smith. RE: AUTHORIZE PUBLIC HEALTH OFFICE TO HIRE A CLERK FROM A TEMPORARY AGENCY WHEREAS, Resolution No. 364-94 authorized the Public Health Office to hire a temporary employee through 12/31/94, and WHEREAS, the Public Health Office hired a person from a temporary agency on 10/24/94 and has charged some of this expense to the Immunization Grant, and WHEREAS, the Public Health Office has a support staff vacancy in its 1995 budget and needs to keep the temporary employee until the vacancy can be filled, and WHEREAS, some of this expense can be funded by the Immunization Grant. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Public Health Office to hire an employee from a temporary agency until the vacancy can be filled with a permanent employee; funding to be from 4010.490 and 4010.490-4014. Vote: Passed 8-0. RESOLUTION NO. 564 Motion by Hastings, second by Smith. RE: TRANSFER OF FUNDS - WATERSHED WHEREAS, the Schuyler County Watershed Protection Agency provides a program for water sampling, analysis interpretation and distribution for individual home owners and state permitted facilities, and WHEREAS, increased standards for chemical analysis at State permitted establishments required both an increase in the number of anticipated samples to be collected and at a higher cost per sample due to chemical testing, and WHEREAS, account no. 4050.476 funds are exhausted following the November audit to pay for laboratory services, and WHEREAS, the Schuyler County Public Health Department, of which the Watershed Protection Agency is a part of, has unspent monies in account no. 4010.490 entitled "subcontracts." NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer transfer $1,000 from Public Health account no. 4010.490 to Watershed Protection account no. 4050.476. ---PAGE BREAK--- Vote: Passed 8-0. RESOLUTION NO. 565 Motion by Young, second by Karius. RE: AUTHORIZE AGREEMENT WITH SCHUYLER COUNTY CHAMBER OF COMMERCE WHEREAS, the Schuyler County Chamber of Commerce was allocated $15,000 in the 1995 budget for promotional and publicity services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be authorized to execute an agreement with the Schuyler County Chamber of Commerce in the amount of $15,000 for the year 1995 for promotional and publicity services; subject to approval by the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 566 Motion by Young, second by Karius. RE: AUTHORIZE CHAIRMAN TO SIGN ANTI-CRIME BILL GRANT APPLICATION WHEREAS, under President Clinton's Anti-Crime bill there are monies available to provide for police officers (COPS FAST Program), and WHEREAS, the grant requires a 25% match, there being monies allocated in the 1995 budget for same. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature and the Schuyler County Sheriff be authorized to sign a COPS FAST grant application for federal monies to provide for hiring an officer, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature reserves the right to accept or reject the grant funds. Vote: Passed 8-0. RESOLUTION NO. 567 Motion by Young, second by Karius. RE: TRANSFER OF FUNDS - VARIOUS DEPARTMENTS BE IT RESOLVED, that the Schuyler County Treasurer make the following account transfers in order to balance out the 1994 accounts, to wit: FROM ACCOUNT AMOUNT TO ACCOUNT AMOUNT ---PAGE BREAK--- 1010.409 $ 60.39 1010.402 $ 60.39 1010.100 11,348.19 1010.435 11,348.19 1170.435 1,208.39 1165.100 1,208.39 1165.443 78.84) 38.66) 1165.407 117.50 1165.430 3.10) 1165.431 11.67) 1170.409 189.40) 1165.416 167.50 1165.439 36.67 1185.430 1,339.70) 1185.401 200.00) 1185.431 74.00) 1180.400 26.02) 1185.400 1,470.62 1185.409 169.10 1325.100 176.12) 1325.101 71.78) 1325.201 300.00) 1325.400 .91) 1325.409 156.99) 1325.410 41.95) 1325.426 200.00) 1660.200 147.84) 1325.431 92.71) ---PAGE BREAK--- 1325.433 8.97) 1325.439 103.07) 1340.400 228.09) 1362.400 296.80) 1364.400 74.52) 1325.435 1,899.75 1355.459 39.79 1355.430 39.78 1410.212 500.00) 1410.431 398.09) 1410.100 898.09 1410.409-1410 63.76 1410.431-1410 63.76 1420.410 115.88 1420.407 115.88 1430.100 1,026.91 1430.101 125.38 1430.402 859.38 1430.439 42.15 1610.426 192.14 1610.439 192.14 1620.490 1,230.67 1620.442 1,177.69 1620.466 52.98 1910.421 1,450.00) 1910.423 15,646.90) 1910.424 4.00) 1680.200 1,194.90) 1680.278 1,035.00) 1620.102 4,396.00) 1620.100 606.71) 1910.419 24,333.51 ---PAGE BREAK--- 1680.400 417.71 1930.400 417.71 4010.435 20,000.00) 4010.490 13,345.22) 4290.400 33,345.22 4010.490 6,423.87) 2960.401 500.00) 2960.435 625.00) 2960.440 2,756.06) 2960.490 1,164.18) 2960.400 11,469.11 3110.100 8,622.29) 3110.118 134.86) 3110.101 8,757.15 3110.426 29.68 3110.432 29.68 3140.100 16.74 3140.101 16.74 3140.409 .29 3140.407 .29 3150.100 53,605.72 3150.101 53,605.72 3150.431 27.99 3150.401 27.99 3150.201 1,432.37) 3150.454 1,338.38) 3150.431 472.62) 3150.429 3,243.37 3150.418 21.62 3150.445 21.62 3150.434 784.56) 3150.442 433.37) 3150.449 393.93 3150.434 784.56) 3150.442 433.37) 3150.449 393.93 ---PAGE BREAK--- 3150.456 825.00 3510.100 877.99) 3510.400 755.55) 3510.442 149.57) 3510.101 1,783.11 3689.438 302.54 3689.439 302.54 3689.431 117.08 3689.459 9.60 3689.478 107.48 4010.448 43.67 4010.471 43.67 4050.439 51.65 4050.444 51.65 4322.369 1,000.00) 4322.550 2,663.00) 4310.446 992.00) 4322.506 4,655.00 6010.100 1,220.00 6010.115 1,220.00 6010.401 197.49 6010.431 130.76 6010.433 66.73 6010.426 346.00 6010.459 337.00 6010.459 9.00 6010.435 12,547.47 6101.400 12,547.47 6148.400 2,740.70 6142.400 2,740.70 6015.400 51.39 6015.100 51.39 6015.400 79,546.90) 6070.396 14,468.55) 6070.572 5,092.29) ---PAGE BREAK--- 6102.400 14,601.60) 6119.400 49,783.06) 6123.400 10,194.28) 6129.400 76,506.60) 6140.400 25,846.22) 6109.400 276,039.50 6510.431 2.27 6410.436 .57 6410.558 1.70 6510.100 356.12 6510.386 353.22 6510.410 2.90 6772.200 8,817.00) 6772.401 6,900.85) 6772.204 15,209.00 6772.435 105.24 6772.454 403.61 7310.196 8,777.91 7310.100 8,777.91 7310.207 174.40 7310.439 161.24 7310.440 13.16 7310.495 5,583.00 7310.497 5,583.00 7510.495 23.28) 7510.433 15.02) 7510.403 35.00 7510.431 3.30 8020.408 253.58 8020.439 198.32 8020.440 55.26 9030.802 13,233.76) ---PAGE BREAK--- 9050.805 3,849.28) 9010.801 17,083.04 9055.806 10,876.21) 8160.364 10,000.00) 1010.100 14,283.31) 9060.807 35,159.52 9524.900 5,707.00) 9522.900 3,655.00) 1355.100 48.00) 9950.900 9,410.00 1460.440-1463 30.00 1460.403-1463 30.00 3110.434 324.07 3110.439 324.07 TOTAL GENERAL FUND 549,537.04 DM 5130.101 1,151.06) DM 5130.438 3,388.19) DM 9060.807 247.19) DM 5130.100 4,539.25 DM 9030.802 247.19 TOTAL MACHINERY FUND 4,785.44 D 5142.101 8,960.85 D 5010.100 3,269.90 D 5110.100 5,690.95 D 5010.402 32.50 D 5010.407 32.50 D 5110.121 739.78 D 5110.100 572.68 ---PAGE BREAK--- D 5110.101 167.10 D 5142.101 4,875.83 D 5142.100 4,875.83 TOTAL CO. ROAD FUND 14,608.96 APPROPRIATION FUND BALANCE A599 APPROPRIATIONS A960 232,000.00 9950.900 232,000.00 DISCUSSION: Legislator Hastings asked what this resolution was? Chairman Franzese explained that this was for the Treasurer to go ahead and transfer monies within accounts to balance the budget. Vote: Passed 8-0. RESOLUTION NO. 568 Motion by Young, second by Karius. RE: PERSONNEL ACTIONS FULL-TIME ADMINISTRATIVE POSITIONS - 121 PART-TIME ADMINISTRATIVE POSITIONS - 55 FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4 FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23 NAME TITLE DEPARTMENT DATE LEAVES OF ABSENCE: HOUCK, Bulinda Data Entry Operat. Social Svcs. 12/6/94- (Sick Leave) 1/2/95 DILLON, Michael Heavy Equip. Oper. Highway 12/12/94 (Medical Leave for Unknown Length of Time) O'KANE, Richard Motor Equip. Oper. Highway 11/21/94 (Worker's Compensation for Unknown Length of Time) ---PAGE BREAK--- OTHER: MITCHELL, Lola L. Director Youth Bureau 1/1/95 (Full-Time) RESIGNATIONS: SKEENS, Lois F. Paralegal Social Svcs. 12/23/94 UPHAM, Mikel U. Deputy Sheriff Sheriff 11/14/94 BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature. Vote: Passed 8-0. REPORT ON STANDING COMMITTEES: Legislator Burnside stated that the County Clerk's office is a revenue generating office and that Betty Glick, County Clerk, does not have space to file contracts. He stated that Department of Motor Vehicles will be moving over to where Home Health used to be, and County Clerk's Office will then expand into where Department of Motor Vehicles is. Legislator Smith asked if there are funds to expand and move. Legislator Burnside responded affirmatively. Legislator Burnside stated that he is receiving a lot of questions as to why employees do not have to go through the metal detector. County Attorney Coleman stated the legal basis for security rules; that the Office of Court Administration (OCA) identification can bypass the security system. He stated that our employee cards are recognized as such. Chairman Franzese asked if we were in violation of OCA policy for letting employees through without an OCA badge. County Attorney Coleman said that we were not. Legislator Burnside suggested implementing a sign-in roster for people coming into the building. Legislator Fitzsimmons wondered how intense a security system the county needs and stated that we are client-centered. Legislator Hastings reported that the taxes are going out. She stated that there was going to be a luncheon to talk about the tax bill situation. She feels that there should be something accomplished prior to taxes going out next year to alleviate the stress. Legislator Fitzsimmons suggested the Department Heads getting together and brainstorm on how to present their departments budget to the Legislature next year. Legislator Fitzsimmons stated that an item of business for the Legislature to consider would be our present goals for 1995. He suggested we bring our goals to the January meeting. Chairman Franzese agreed. Chairman Franzese stated she received a letter from John Clifford, Chairman of Steuben County, that each department head should write what they would like to see changed with the state agencies. She stated that she would set a deadline of January 6, 1995 to have this report done. All Legislators felt this was a good idea. UNFINISHED BUSINESS: None. ---PAGE BREAK--- NEW BUSINESS: None. PUBLIC PARTICIPATION - 9:56 A.M.: Chairman Franzese thanked all the Legislators for doing a great job and successfully completing the year 1994. MOTION by Young, second by Fitzsimmons to go into Executive Session at 9:59 a.m. to discuss pending litigation. Motion carried eight ayes to zero noes. RESOLUTION NO. 569 Motion by Hastings, second by Fitzsimmons. RE: REQUEST TO ALLOW 1995 MANAGEMENT LEVEL SALARY INCREASES WHEREAS, the Schuyler County Legislature is in receipt of a petition for a union from a group of Department Heads and Deputies, and WHEREAS, since the filing of the petition the Legislature has not been able to change any condition of employment, including salary increases, pursuant to the Taylor Law, and WHEREAS, Paul Mayo, Representative of the Department Heads, requested 1995 management level salary increases at a December 2, 1994 meeting with Ronald Mendrick and Doris Craig. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature request a letter from Paul Mayo, Representative of the Department Heads, stating there will be no improper practice charges filed against the County if 1995 salary increases are awarded, and BE IT FURTHER RESOLVED, that it be understood that the 1995 salary increases will not be based upon performance evaluations so that the performance evaluation process can be modified and improved upon, and BE IT FURTHER RESOLVED, that starting with the 1996 salary increases, the Management Level Salary Plan as adopted by the Schuyler County Legislature on December 13, 1993 per Resolution No. 493, and amended on July 11, 1994 per Resolution No. 280 be fully-implemented, with salary increases based upon the performance evaluations. Vote: Passed 7-1. (No: Halpin) MOTION by Hastings, SECOND by Fitzsimmons to come out of Executive Session at 11:00 a.m. Motion carried eight ayes to zero noes. MOTION by Smith, SECOND by Young to go into Executive Session to discuss pending litigation. Motion carried eight ayes to zero noes. MOTION by Fitzsimmons, SECOND by Young to come out of Executive Session at 11:21 a.m. Motion carried eight ayes to zero noes. The meeting adjourned at 11:22 a.m. ---PAGE BREAK--- Gail M. Willis, Clerk Diane M. Cook, Deputy Clerk ANNUAL BUDGET OF 1994 Budget of Schuyler County for Fiscal Year Beginning January 1, 1994 Tentative Budget - Filed October 7, 1993 Adopted December 13, 1993 NANCY A. PETERS, BUDGET OFFICER LEGISLATIVE BOARD LEGISLATURE A1010.1 Personal Service 119,502.00 A1010.2 Equipment 0.00 A1010.4 Contractual Expense 32,700.00 A1010.6 Lease/Purchase 2,150.00 TOTAL LEGISLATIVE BOARD 154,352.00 JUDICIAL DISTRICT ATTORNEY A1165.1 Personal Service 53,931.00 A1165.4 Contractual Expense 21,415.00 TOTAL DISTRICT ATTORNEY 75,346.00 PUBLIC DEFENDER ---PAGE BREAK--- A1170.1 Personal Service 25,927.00 A1170.4 Contractual Expense 31,250.00 TOTAL PUBLIC DEFENDER 57,177.00 JUSTICE OF THE PEACE A1180.4 Contractual Expense 600.00 TOTAL JUSTICE OF THE PEACE 600.00 CORONERS A1185.4 Contractual Expense 13,000.00 TOTAL CORONERS 13,000.00 TOTAL JUDICIAL 146,123.00 FINANCE COUNTY TREASURER A1325.1 Personal Service 105,953.00 A1325.2 Equipment 300.00 A1325.4 Contractual Expense 28,200.00 TOTAL COUNTY TREASURER 134,453.00 BUDGET OFFICER ---PAGE BREAK--- A1340.1 Personal Service 0.00 A1340.4 Contractual Expense 750.00 TOTAL BUDGET OFFICER 750.00 REAL PROPERTY TAX SERVICE A1355.1 Personal Service 62,191.00 A1355.2 Equipment 0.00 A1355.4 Contractual Expense 31,925.00 A1355.6 Lease/Purchase 1,050.00 TOTAL REAL PROPERTY TAX SERVICE 95,166.00 TAX SALE ADVERTISING & EXPENSE A1362.4 Contractual Expense 4,200.00 TOTAL TAX SALE ADVERTISING & EXPENSE 4,200.00 EXP.-PROP. ACQUIRED FOR TAXES A1364.4 Contractual Expense 6,000.00 TOTAL EXP.-PROP. ACQUIRED FOR TAXES 6,000.00 TOTAL FINANCE 240,569.00 STAFF ---PAGE BREAK--- COUNTY CLERK (INCLUDES MOTOR VEHICLE) A1410.1 Personal Service 117,419.00 A1410.2 Equipment 1,800.00 A1410.4 Contractual Expense 16,000.00 TOTAL COUNTY CLERK 135,219.00 COUNTY ATTORNEY A1420.1 Personal Service 75,814.00 A1420.2 Typewriter 800.00 A1420.4 Contractual Expense 19,075.00 TOTAL COUNTY ATTORNEY 95,689.00 PERSONNEL A1430.1 Personal Service 63,912.00 A1430.4 Contractual Expense 11,075.00 TOTAL PERSONNEL 74,987.00 ELECTIONS A1450.1 Personal Service 24,597.00 A1450.2 Equipment 1,900.00 A1450.4 Contractual Expense 14,400.00 ---PAGE BREAK--- TOTAL ELECTIONS 40,897.00 RECORDS MANAGEMENT A1460.1 Personal Service 0.00 A1460.4 Contractual Expense 0.00 A1460.8 Employee Benefits 0.00 TOTAL RECORDS MANAGEMENT 0.00 TOTAL STAFF 345,792.00 SHARED SERVICES CENTRAL SERVICES A1610.4 Telephone 1,500.00 TOTAL CENTRAL SERVICES 1,500.00 BUILDINGS A1620.1 Personal Service 135,878.00 A1620.2 Equipment 6,000.00 A1620.4 Contractual Expense 106,810.00 TOTAL BUILDINGS 248,688.00 GROUNDS ---PAGE BREAK--- A1622.2 Equipment 500.00 A1622.4 Contractual Expense 6,000.00 TOTAL GROUNDS 6,500.00 PROFESSIONAL CONSULTANT A1630.4 Contractual Expense 5,000.00 TOTAL PROFESSIONAL CONSULTANT 5,000.00 STOREROOM A1660.2 Equipment 150.00 A1660.4 Contractual Expense 1,300.00 TOTAL STOREROOM 1,450.00 CENTRAL DATA PROCESSING A1680.2 Equipment 7,500.00 A1680.4 Contractual Expense 39,700.00 TOTAL CENTRAL DATA PROCESSING 47,200.00 TOTAL SHARED SERVICES 310,338.00 SPECIAL ITEMS 1910.4 INSURANCE ---PAGE BREAK--- Workmen's Compensation 125,000.00 Bonds 1,970.00 SMP 54,300.00 Boiler 1,450.00 BAP 3,290.00 TOTAL INSURANCE 186,010.00 A1920.0 ASSOCIATION DUES NYSAC 2,100.00 Supervisor & Legislator 0.00 TOTAL ASSOCIATION DUES 2,100.00 A1930.0 JUDGMENTS & CLAIMS TOTAL JUDGMENTS & CLAIMS 4,000.00 A1950.0 TAXES & ASSESS. ON PROPERTY TOTAL TAXES & ASSESS. ON PROPERTY 205.00 CONTINGENCY ACCOUNT A1990.0 TOTAL CONTINGENCY ACCOUNT 50,000.00 TOTAL SPECIAL ITEMS 242,315.00 ---PAGE BREAK--- EDUCATION A2490.4 COMMUNITY COLLEGES TOTAL COMMUNITY COLLEGES 500,000.00 EDUCATION - PHC A2960.4 Contractual Expense 403,150.00 TOTAL EDUCATION - PHC 403,150.00 MEDICAL SCHOLARSHIP A2980.4 TOTAL MEDICAL SCHOLARSHIP 6,700.00 TOTAL EDUCATION 909,850.00 PUBLIC SAFETY SHERIFF A3110.1 Personal Service 413,944.00 A3110.2 Equipment 4,600.00 A3110.4 Contractual Expense 99,900.00 TOTAL SHERIFF 518,444.00 NAVIGATION AND SNOWMOBILE A3111.1 Personal Service 8,500.00 ---PAGE BREAK--- A3111.2 Equipment 13,500.00 A3111.4 Contractual Expense 2,400.00 TOTAL NAVIGATION AND SNOWMOBILE 24,400.00 HECTOR LAND PATROL A3112.1 Personal Service 2,500.00 TOTAL HECTOR LAND PATROL 2,500.00 PROBATION A3140.1 Personal Service 134,978.00 A3140.2 Equipment 0.00 A3140.4 Contractual Expense 15,184.00 A3140.6 Lease/Purchase 1,456.00 TOTAL PROBATION 151,618.00 JAIL A3150.1 Personal Service 408,572.00 A3150.2 Equipment 4,000.00 A3150.4 Contractual Expenses 151,000.00 A3150.6 Lease/Purchase 1,300.00 TOTAL JAIL 564,972.00 ---PAGE BREAK--- TRAFFIC CONTROL A3310.4 TOTAL TRAFFIC CONTROL 50.00 STOP - D.W.I. A3315.1 Personal Service 31,167.00 A3315.2 Equipment 7,600.00 A3315.4 Contractual Expense 17,042.00 TOTAL STOP - D.W.I. 55,809.00 FIRE-EMERGENCY A3412.2 Equipment 4,000.00 A3412.4 Contractual Expense 23,646.00 TOTAL FIRE-EMERGENCY 27,646.00 DOG CONTROL A3510.1 Personal Service 30,278.00 A3510.2 Equipment 500.00 A3510.4 Contractual Expense 15,100.00 TOTAL DOG CONTROL 45,878.00 ---PAGE BREAK--- EXAMINING BDS-COND. RELEASE A3610.4 Contractual Expense 0.00 TOTAL EXAMINING BDS-COND. RELEASE 0.00 EMERGENCY SERVICES A3689.1 Personal Service 43,118.00 A3689.2 Equipment 25,000.00 A3689.4 Contractual Expense 89,840.00 TOTAL EMERGENCY SERVICES 157,958.00 TOTAL PUBLIC SAFETY 1,549,275.00 PUBLIC HEALTH PUBLIC HEALTH NURSE A4010.1 Personal Service 366,976.00 A4010.2 Equipment 27,850.00 A4010.4 Contractual Expense 164,301.00 TOTAL PUBLIC HEALTH NURSE 559,127.00 RABIES A4042.1 Personal Service 0.00 A4042.4 Contractual Expenses 17,500.00 TOTAL RABIES 17,500.00 ---PAGE BREAK--- MOSQUITO CONTROL A4043.1 Personal Service 0.00 A4043.4 Contractual Expense 0.00 TOTAL MOSQUITO CONTROL 0.00 PHYSICALLY HANDICAPPED A4046.4 Contractual Expense 15,600.00 TOTAL PHYSICALLY HANDICAPPED 15,600.00 WATERSHED A4050.1 Personal Service 54,400.00 A4050.2 Equipment 0.00 A4050.4 Contractual Expense 19,230.00 TOTAL WATERSHED 73,630.00 MENTAL HEALTH A4310.1 Personal Service 366,885.00 A4310.2 Equipment 14,500.00 A4310.4 Contractual Expense 194,935.00 TOTAL MENTAL HEALTH 576,320.00 ---PAGE BREAK--- MENTAL HEALTH CONTRACT AGENCIES A4322A Nurturing Program - Cornell 3,000.00 A4322B Challenge Industries 5,885.00 A4322C Glen Industries 58,532.00 A4322D Finger Lakes Alcohol Council 56,288.00 A4322E Schuyler Hospital 158,468.00 TOTAL MENTAL HEALTH CONTRACT AGENCIES 282,173.00 TOTAL PUBLIC HEALTH 1,524,350.00 TRANSPORTATION BUS OPERATIONS A5630.4 Contractual Expense 152,543.00 TOTAL BUS OPERATIONS 152,543.00 TOTAL TRANSPORTATION 152,543.00 SOCIAL SERVICES SOCIAL SERVICES ADMINISTRATION A6010.1 Personal Service 797,908.00 A6010.2 Equipment 21,605.00 A6010.4 Contractual Expense 319,772.00 TOTAL SOCIAL SERVICES ADMINISTRATION 1,139,285.00 ---PAGE BREAK--- JOBS ADMINISTRATION A6015.1 Personal Service 39,303.00 A6015.4 Contractual Expense 144,879.00 TOTAL JOBS ADMINISTRATION 184,182.00 SERVICES FOR RECIPIENTS A6070.3 Preventive Services 33,600.00 A6070.4 Day-Care Contractual Expense 70,000.00 TOTAL SERVICES FOR RECIPIENTS 103,600.00 PROGRAMS A6101.4 Medical Assistance 130,000.00 A6102.4 M.M.I.S. Med. Assistance 1,900,000.00 A6106.4 Special Needs (Adult/Family Homes) 865.00 A6109.4 Dependent Children 1,840,000.00 A6119.4 Aid to Child Care 365,000.00 A6123.4 Juvenile Delinquency 132,000.00 A6129.4 State Training 77,500.00 A6135.4 Jobs 50,000.00 A6140.4 Home Relief 435,000.00 A6141.4 Energy Ass't. Program 275,000.00 ---PAGE BREAK--- A6142.4 Emergency Aid Adults 1,500.00 A6148.4 Burials 11,500.00 TOTAL PROGRAMS 5,218,365.00 TOTAL SOCIAL SERVICES 6,645,432.00 COMMUNITY ACTION PROGRAMS A6310.4 Contractual Expense 2,800.00 TOTAL COMMUNITY ACTION PROGRAMS 2,800.00 PUBLICITY A6410.4 Contractual Expense 54,100.00 TOTAL PUBLICITY 54,100.00 VETERANS SERVICES A6510.1 Personal Service 0.00 A6510.4 Contractual Expense 19,282.00 TOTAL VETERAN SERVICE 19,282.00 SEALER OF WEIGHTS & MEASURES A6610.1 Personal Service 5,373.00 A6610.2 Equipment 100.00 ---PAGE BREAK--- A6610.4 Contractual Expense 958.00 TOTAL SEALER OF WEIGHTS & MEASURES 6,431.00 PROGRAMS FOR AGING A6772.1 Personal Service 213,100.00 A6772.2 Equipment 500.00 A6772.4 Contractual Expense 206,023.00 TOTAL PROGRAMS FOR AGING 419,623.00 OTHER ECONOMIC DEVELOPMENT A6989.3 SCIDA 10,000.00 A6989.4 Contractual Expense 15,000.00 TOTAL OTHER ECONOMIC DEVELOPMENT 25,000.00 YOUTH A7310.1 Personal Service 79,787.00 A7310.4 Contractual Expense 90,262.00 A7311.0 Youth Contract Agencies 0.00 TOTAL YOUTH 170,049.00 HEAD START TRANSPORTATION ---PAGE BREAK--- A7330.4 TOTAL HEAD START TRANSPORTATION 0.00 LIBRARY A7410.4 Southern Tier Library 200.00 TOTAL LIBRARY 200.00 HISTORIAN A7510.1 Personal Service 0.00 A7510.4 Contractual Expense 1,040.00 TOTAL HISTORIAN 1,040.00 PLANNING A8020.1 Personal Service 53,386.00 A8020.2 Equipment 0.00 A8020.4 Contractual Expense 7,900.00 TOTAL PLANNING 61,286.00 REFUSE COLLECTION & DISPOSAL A8160.1 Personnel Services 25,000.00 A8160.4 Contractual Expense 17,000.00 TOTAL REFUSE COLLECTION & DISPOSAL 42,000.00 ---PAGE BREAK--- NATURAL RESOURCES A8510.4 Environmental Council 15,700.00 A8710.4 Conservation Programs 49,000.00 TOTAL NATURAL RESOURCES 64,700.00 AGRICULTURE & LIVESTOCK A8750.4 Cooperative Extension 176,820.00 TOTAL AGRICULTURE & LIVESTOCK 176,820.00 SPECIAL SERVICES A8830.4 Association for the Blind 600.00 TOTAL SPECIAL SERVICES 600.00 UNDISTRIBUTED EMPLOYEE BENEFITS A9010.8 State Retirement 31,003.00 A9030.8 Social Security 294,875.00 A9050.8 Unemployment Insurance 15,000.00 A9055.8 Disability Insurance 28,050.00 A9060.8 Health Insurance 716,930.00 TOTAL UNDISTRIBUTED EMPLOYEE BENEFITS 1,085,858.00 ---PAGE BREAK--- INTERFUND TRANSFERS A9522.9 Trans. to Co. Road Fund 871,997.00 A9524.9 Trans. to Road Machinery 220,312.00 TOTAL INTERFUND TRANSFERS 1,092,309.00 DEBT SERVICE PRINCIPAL A9710.6 Serial Bonds 105,000.00 A9730.6 Bond Anticipation Notes 0.00 A9750.6 Budget Notes 0.00 INTEREST A9710.7 Serial Bonds 165,560.00 A9730.7 Bond Anticipation Notes 0.00 A9750.7 Budget Notes 0.00 A9760.7 Tax Anticipation Notes 0.00 A9950.9 Transfers to Capital Projects 150,000.00 TOTAL DEBT SERVICE 315,560.00 A9900.0 TOTAL GENERAL FUND APPROPRIATIONS 15,864,597.00 COUNTY ROAD FUND ---PAGE BREAK--- ADMINISTRATION D5010.1 Personal Service 73,253.00 D5010.2 Equipment 2,000.00 D5010.4 Contractual Expense 6,325.00 TOTAL ADMINISTRATION 81,578.00 ENGINEERING D5020.4 Contractual Expense 10,000.00 TOTAL ENGINEERING 10,000.00 MAINTENANCE D5110.1 Personal Service 245,269.00 D5110.4 Contractual Expense 498,600.00 TOTAL MAINTENANCE 743,869.00 PERMANENT IMPROVEMENTS D5112.3 C.R. 16 Reconstruction 50,000.00 D5112.5 C.R. 6 Reconstruction 123,000.00 D5120.0 Bridges 0.00 TOTAL PERMANENT IMPROVEMENTS 173,000.00 ---PAGE BREAK--- SNOW REMOVAL D5142.1 Personal Service 75,000.00 D5142.4 Contractual Expense 63,000.00 TOTAL SNOW REMOVAL 138,000.00 EMPLOYEE BENEFITS D9010.8 State Retirement 15,741.00 D9030.8 Social Security 30,105.00 D9055.8 Disability Insurance 1,534.00 D9060.8 Hospital & Medical Insurance 62,280.00 TOTAL EMPLOYEE BENEFITS 109,660.00 DEBT SERVICE PRINCIPAL A9710.6 Serial Bonds 95,000.00 INTEREST A9710.7 Serial Bonds 37,740.00 TOTAL DEBT SERVICE 132,740.00 TOTAL COUNTY ROAD FUND 1,388,847.00 MACHINERY FUND ---PAGE BREAK--- DM5130.1 Personal Service 98,300.00 DM5130.2 Equipment 25,050.00 DM5130.4 Contractual Expense 220,900.00 DM9010.8 State Retirement 3,932.00 DM9030.8 Social Security 7,520.00 DM9055.8 Disability Insurance 389.00 DM9060.8 Hospital and Medical Insurance 16,608.00 DM9730.6 Bond Anticipation Note 40,613.00 DM9730.7 Interest 3,400.00 TOTAL MACHINERY FUND 416,712.00 REVENUES: REAL PROPERTY ITEMS 1081 Other Payments In Lieu of Taxes 80,000.00 1090 Interest/Penalities on Taxes 400,000.00 1091 Penalties on Spec. Assess. 20,000.00 TOTAL 500,000.00 NON-PROPERTY TAXES 1110 State Administrated Sales & Use Tax 2,093,000.00 1113 Tax on Hotel Room Occupancy 34,000.00 TOTAL 2,127,000.00 ---PAGE BREAK--- DEPARTMENTAL INCOME GENERAL 1230 Treasurer's Fees 14,000.00 1235 Charges for Tax Advertising 4,200.00 1255 County Clerk Fees 148,000.00 1260 Personnel Fees 0.00 1265 Attorney Fees 59,124.00 1270 Shared Services Charges 100.00 1510 Sheriff Fees 99,500.00 1512 Board of Prisoners - Other Municip. 20,000.00 1550 Public Pound Chgs & Control Fees 2,000.00 1580 Restitution 1,400.00 1587 Bureau of Fire - Life Safety 5,000.00 1588 Emergency Medical Grant Fees 24,525.00 1589 Other Public Safety Dept. Income 31,000.00 HEALTH 1609 Watershed 22,000.00 1610 Home Nursing Charges 335,000.00 1611 Office for Aging 18,000.00 1620 Mental Health Fees 425,849.00 ---PAGE BREAK--- 1625 Mental Health Contr. from Private Agency 11,508.00 1689 Other Health Dept. Income 22,900.00 TRANSPORTATION 1789 Other Transp. Dept. Income 35,049.00 SOCIAL SERVICES 1801 Repayments of Medical Assistance 100,000.00 1809 Repayments of Aid to Dep. Children 115,000.00 1810 Repayments of Administration 10,000.00 1811 Child Support, Incentive Payment 25,000.00 1815 Repayment - JOBS 17,232.00 1819 Repayment of Child Care 16,000.00 1823 Repayment of Juvenile Delin. Care 4,800.00 1829 Repayment of State Training 2,000.00 1840 Repayments of Home Relief 24,000.00 1841 Repayments of Energy Assistance 5,000.00 1848 Repayments of Burials 500.00 1962 Weights and Measures Fees 0.00 1972 Programs for Aging 50,976.00 2070 Contrib. Private Agent-Youth 2,500.00 2115 Planning Board Fees 15,000.00 2201 Tax Assessment Service 15,700.00 2215 Election Services 250.00 ---PAGE BREAK--- 2268 Dog Control Services - Other Governments 18,000.00 TOTAL DEPARTMENTAL INCOME 1,701,113.00 USE OF MONEY & PROPERTY 2401 Interest on Investments 65,000.00 2410 Rental Of Buildings - Ind. 1,980.00 2412 Rental of Buildings - Other Governments 63,186.00 TOTAL 130,166.00 MISCELLANEOUS 2610 Fines 1,075.00 2615 Stop-D.W.I., Fines 45,000.00 2650 Sale of Scrap & Excess 200.00 2652 Sales of Forest Products 6,437.00 2680 Insurance Recoveries 35,000.00 2701 Refunds of Prior Years Expenditures 0.00 2705 Gifts and Donations 500.00 2720 Off Track Betting 25,000.00 2770 Other Revenues 400.00 TOTAL 113,612.00 STATE AID GENERAL ---PAGE BREAK--- 3021 Court Facilities Aid 8,800.00 3040 Tax Maps and Assessments 600.00 3277 Education - Handicapped Children 194,750.00 PUBLIC SAFETY 3310 Probation Services 48,608.00 3315 Navigation Law Enforcement 22,500.00 3316 Board of Prisoners 30,000.00 3330 Unified Court Budget Security Costs 8,000.00 HEALTH 3401 Public Health 99,931.00 3403 Watershed 21,960.00 3446 Handicapped Children 7,740.00 3451 Lead Testing 25,000.00 3489 Other Health - Rabies 500.00 3490 Mental Health 434,388.00 3594 Bus & Other Mass Transportation 100,494.00 ECONOMIC ASSISTANCE & OPPORTUNITY 3601 Medical Assistance -15,000.00 3602 Mentally Disabled 275,000.00 3606 Special Needs (Adult/Family Homes) 865.00 3609 Aid to Dependent Children 490,000.00 3610 Administration 550,000.00 3615 Jobs 55,000.00 ---PAGE BREAK--- 3619 Child Care 113,000.00 3623 Juvenile Delinquency 63,600.00 3635 Jobs 16,250.00 3640 Home Relief 206,000.00 3642 Emergency Aid for Adults 750.00 3648 Burials 3,600.00 3670 Purchase of Services 21,000.00 3710 Veterans Service Agencies 2,430.00 3772 Programs for Aging 123,048.00 3789 Other Econ. Assistance & Opportunity 1,000.00 CULTURE & RECREATION 3820 Youth Programs 87,467.00 3910 Conservation Program 2,100.00 TOTAL STATE AID 2,999,381.00 FEDERAL AID 4080 Hector Land Use Area 2,500.00 4089 Other (Transportation - Section 18) 17,000.00 4305 Civil Defense 5,000.00 4601 Medical Assistance 165,000.00 4609 Aid to Dependent Children 720,000.00 4610 Administration 538,000.00 4611 Food Stamps 62,000.00 ---PAGE BREAK--- 4615 Jobs 125,596.00 4619 Child Care 142,350.00 4635 Jobs 17,500.00 4641 HEAP Program 270,000.00 4670 Purchase of Services 71,200.00 4772 Programs for the Aging 241,537.00 4820 Youth Program 63,309.00 TOTAL FEDERAL AID 2,440,992.00 TOTAL GENERAL FUND REVENUES 10,042,064.00 COUNTY ROAD REVENUES D2300 Services 1,000.00 D2401 Interest on Investments 1,200.00 D2590 Permits 200.00 D2680 Insurance Recoveries 250.00 D2701 Refunds of Prior Years 1,000.00 D3501 Consolidated Highway Aid 513,000.00 D5031 Interfund Transfers 871,997.00 TOTAL COUNTY ROAD REVENUES 1,388,847.00 MACHINERY FUND REVENUES DM2300 Services 2,000.00 ---PAGE BREAK--- DM2401 Interest on Investments 800.00 DM2416 Rental of Equipment/Other Governments 3,000.00 DM2650 Sale of Scrap & Excess 100.00 DM2655 Minor Sales, Other 500.00 DM2665 Sales of Equipment 10,000.00 DM2801 Interfund Revenues 180,000.00 DM5031 Interfund Transfers 220,312.00 TOTAL MACHINERY FUND REVENUES 416,712.00 Revenues Revenues Attrib. Not State & to Attrib. Appropriations Fed. Aid Function to Funct. Legislative Board 154,352.00 2,198,000 Judicial 146,123.00 Finance 240,569.00 600 519,900 Staff 346,792.00 207,374 Shared Svcs. 310,338.00 8,800 72,303 Education 909,850.00 194,750 10,000 Special Items 242,315.00 35,000 Public Safety 1,549,275.00 116,608 246,800 Health 1,524,350.00 624,519 820,257 ---PAGE BREAK--- Transportation 152,543.00 117,494 35,049 Social Services 6,645,432.00 3,891,711 319,532 Economic Programs 107,613.00 3,430 34,000 Programs for Aging 419,623.00 364,585 50,976 Youth Programs 170,049.00 150,776 2,500 County General 346,646.00 2,100 15,000 Undistributed 1,085,858.00 Interfund Trans. 1,242,309.00 Debt Service(Gen.) 270,560.00 Debt Service(Co.Rd.) 132,740.00 132,740 Debt Service(Mach.) 44,013.00 44,013 Co. Road Maint. 1,083,107.00 340,000 3,850 739,257 Co. Road Improvemt. 173,000.00 173,000 Machinery 372,699.00 196,400 176,299 TOTAL 17,670,156.00 5,988,373 4,766,941 1,092,309 ESTIMATED REVENUES: STATE & FEDERAL AID 5,988,373.00 ATTRIBUTABLE TO FUNCTIONS 4,766,941.00 NOT ATTRIBUTABLE TO FUNCTIONS 1,092,309.00 TOTAL ESTIMATED REVENUES 11,847,623.00 APPROPRIATED SURPLUS 126,042.00 1993 TAX LEVY 5,696,491.00 ---PAGE BREAK--- SUMMARY BY FUNDS CO. RD. TOTAL GENERAL CO. ROAD CAPITAL MACHINERY Appropriations, excluding Interfund Items: 16,427,847.00 14,622,288.00 1,388,847 416,712 Interfund Items: 1,242,309.00 1,242,309.00 TOTAL APPROPRIATIONS: 17,670,156.00 15,864,597.00 1,388,847 416,712 LESS: Estimated Revenues, other than Real Estate Taxes and excluding Interfund Items: CO. RD. TOTAL GENERAL CO. ROAD CAPITAL MACHINERY 10,575,314.00 10,042,064.00 516,850 16,400 Interfund Items: 1,272,309.00 871,897 400,312 Appropriated Cash Surplus to Reduce Tax Levy: 126,042.00 126,042.00 TOTAL REVENUES: 11,973,665.00 10,168,106.00 1,388,847 416,712 ---PAGE BREAK--- Balance of Appropriations to be Raised by Real Estate Taxes: 5,696,491.00 SUMMARY OF BUDGET ALL FUNDS Total Appropriations of all Funds (excluding Interfund Items) 16,427,847.00 Interfund Items 1,242,309.00 TOTAL APPROPRIATIONS 17,670,156.00 LESS: Estimated Revenues (excluding Interfund Items) 10,575,314.00 Interfund Items 1,272,309.00 Appropriated Cash Surplus to Reduce Tax Levy 126,042.00 ---PAGE BREAK--- TOTAL ESTIMATED REVENUES & APPROPRIATED CASH SURPLUS ALL FUNDS 11,973,665.00 General 126,042.00 County Road Machinery REAL ESTATE LEVY 5,696,491.00 ESTIMATED CASH SURPLUS AND RESERVES AT END OF PRESENT FISCAL YEAR GENERAL FUND COUNTY ROAD MACHINERY SURPLUS SURPLUS SURPLUS Estimated Cash Surplus at end of present fiscal year after deducting estimated encumbrances 850,000.00 150,000.00 75,000.00 Estimated Cash Surplus and Reserves Appropriated by Board to Reduce Tax Levy 126,042.00 ---PAGE BREAK--- RESERVE FUNDS: Reserve for Uncollected Taxes 281,628.00 CONSTITUTIONAL TAX MARGIN 499,337.00 SUPPLEMENTAL STATEMENT Serial Bonds Outstanding DUE 1994 Computer System 6,000.00 County Route #6 10,000.00 Seneca Harbor Park 15,000.00 Animal Shelter 4,000.00 County Route #27 5,000.00 Western Breakwater 10,000.00 Jail Renovation 65,000.00 County Routes #21 & #7 30,000.00 County Route #15 Bridge 10,000.00 County Route #15 Road 15,000.00 Office Building Roof 5,000.00 ---PAGE BREAK--- County Route #21 25,000.00 TOTAL CONSOLIDATED ISSUE 1,975,000.00 Bond Anticipation Notes H.D. Diesel Tandem Dump Trucks 121,837.00 TOTAL OUTSTANDING DEBT 2,096,837.00 INDEBTEDNESS AUTHORIZED AND UNISSUED Court House Reconstruction 1,800,000.00 Court House Recon. Increase 268,648.00 Recon. Seneca Harbor Park 91,000.00 Recon. Various Co. Buildings 140,242.00 TOTAL UNISSUED DEBT 2,300,000.00 RESOLUTIONS - 1994 BY CATEGORY Res. No. Date AGREEMENTS & CONTRACTS ---PAGE BREAK--- Renew Rental Agreement - Dog Pound Property 31 01/10/94 Authorizing the Filing of an Application for a State Grant- In-Aid for a Local Resource Reuse and Recovery Project and Signing of the Associated State Contract, Under the Appropriate Laws of New York State 33 01/10/94 Contract - Ciaschi, Dietershagen, Little & Michelson - 1994 Mental Health 54 02/14/94 Contract - Schuyler County Chapter ARC, Inc. - 1994 Mental Health 55 02/14/94 Contract for Parenting Education Program - Mental Health 56 02/14/94 Contract - The Schuyler Hospital, Inc. - 1994 - Mental Health 57 02/14/94 Contract - Council on Alcoholism of the Finger Lakes 58 02/14/94 Terminate Lease Agreement - Schuyler County Child Care Coordinating Council 59 02/14/94 Authorize Annual Maintenance Contract with Duplicating Products, Inc. for Sharp Copier - Real Property Tax Service Agency 60 02/14/94 Authorize Software/Hardware Upgrade - Real Property Tax Service Agency 65 02/14/94 Software Subscription Services Agreement - Treasurer's Office 66 02/14/94 Resolution Establishing Charter Membership in the County ---PAGE BREAK--- GIS Cooperative and Supporting the & D Board Application for Sara Funding 67 02/14/94 Authorize Change Order GC-2 - Contract with McGuire & Bennett, Inc. 72 02/14/94 Contract Renewal - Tompkins Community Hospital for Physical Therapy 73 02/14/94 Approval and Ratification of Collective Bargaining Agreement Covering Employees in the Schuyler County Administrative Unit 78 02/14/94 Authorize Contract with Cooperative Extension for Solid Waste Coordinator 89 02/14/94 Authorize Annual Tax Map Maintenance Contract - Real Property Tax Service Agency 95 02/14/94 Authorize Chairman to Sign Agreement in Settlement of Disciplinary Charges 104 02/14/94 Authorize Lease Agreement - Craig DDSO 106 03/14/94 Authorize Acceptance of Grant for Energy Packaging - DSS 111 03/14/94 Authorize Agreement with Sheriff's Department for Transportation - DSS 112 03/14/94 Renew Maintenance Contract with Swift Office Equipment for Home Health Agency Copier 118 03/14/94 Accept Contract 1994 Tax Auction - Matson Auction and Real Estate Company 119 03/14/94 ---PAGE BREAK--- Authorize Maintenance Contract/High Speed Printer - Treasurer's Office 122 03/14/94 Application for Private Industry Council's (PIC) Title IIB Summer Youth Employment and Training Program Grant 123 03/14/94 Authorize Grant Application - ISTEA 124 03/14/94 Authorize Contract with Blue Cross & Shield for 1994 Administrative Services 128 03/14/94 Correction of Ratifies Tentative Agreement Between the County of Schuyler and the Civil Service Employees Association, Inc., Local 1000 AFSCME, AFL-CIO, for the Schuyler County Administrative Unit for the Period January 1, 1994 through December 31, 1996 143 03/14/94 Authorize Change Order GC-3 - Contract with McGuire & Bennett, Inc. 146 04/11/94 Agreement Between Social Services and Schuyler County Child Care Coordinating Council 147 04/11/94 Managed Care Grant Amendments to Social Services Budget 148 04/11/94 Contract - United Cerebral Palsy and Handicapped Children's Association of Chemung County, Inc., for Early Intervention Program Services 164 04/11/94 Contract with New York State Department of Health for Reimbursement of Rabies Expenses 165 04/11/94 Grant from New York State Department of Health for ---PAGE BREAK--- Reimbursement of Expenses to Encourage Secondary Distribution of Vaccine 166 04/11/94 Contract Consulting - Mental Health 168 04/11/94 Authorize Contract - Demjanec & Associates for Architectural & Engineering Services for Various County Buildings 178 04/11/94 Approval of Alternatives to Incarceration Services Plan 187 05/09/94 Authorize Chairman of the Legislature to Sign a Memorandum of Understanding with the Highway Department Unit of CSEA Local 849 193 05/09/94 Amend Resolution No. 123-94 Relative to the Private Industry Council's SYETP Grant 195 05/09/94 Contract - Margaret Shutter - Certified Teacher of the Speech and Hearing Handicapped 199 05/09/94 Contract - Karen Bulkley - Certified Teacher of the Speech and Hearing Handicapped 200 05/09/94 Contract - Mark Stawasz - Medical Social Worker 201 05/09/94 Authorize Agreement by Schuyler County to Maintain a Certain County Road which is a Portion of the State Route 414, S.R. 79 to Hector Project Designated as new York Project PIN 6224.15 206 05/09/94 Extend Contract with Vital Telecommunications, Inc. 212 05/09/94 Authorize Highway Safety Program Grant Application 215 05/09/94 Authorize Change Order HVAC-1: Contract with D.J. D'Amico ---PAGE BREAK--- Plumbing & Heating Co., Inc. 222 05/09/94 Authorize Chairman of Legislature to Extend Contract for Veterans' Services with Yates County 223 05/09/94 Authorize Change Orders GC-2, GC-4 and GC-5 - Contract with McGuire & Bennett, Inc. 225 05/09/94 Authorize Contract with Negotiation Consultant 227 05/09/94 Authorize Change Orders GC-6, GC-7 and GC-8 - Contract with McGuire & Bennett, Inc. 234 06/13/94 Renew Contract with Schuyler Hospital to Provide Physical Therapy Services 244 06/13/94 Renew Contract with Schuyler Hospital to Provide Occupational Therapy Services 245 06/13/94 Contract - Miller Associates for Early Intervention Evaluations - Home Health Agency 246 06/13/94 Authorize Contract with Fagan Engineer/Create Line Item Watershed 247 06/13/94 Authorize Contract with COTT Computer Services - County Clerk 256 06/13/94 Contract Between the Falls Home Assisted Living Program and the Home Health Agency 268 06/13/94 Lease Agreement Extension - 966E Loader with CAT Finance - Finance 282 07/11/94 Authorize Contract with William Albern- Building Project 285 07/11/94 ---PAGE BREAK--- Authorize Change Orders GC-9, GC-10 and GC-11 - Contract with McGuire & Bennett, Inc. 293 07/11/94 Authorize Change Order E-1 - Contract with DeMuth Electric, Inc. 294 07/11/94 Authorization to Enter into License Agreement with the Village Marina for Temporary Use of a Portion of Seneca Harbor Park for Seasonal Boat Storage 308 08/08/94 Authorize Copier Lease Agreement - Sheriff's Department 311 08/08/94 Contract - Steuben-Allegany BOCES for Preschool Special Education Under Section 5510 of the Education Law 313 08/08/94 Contract Renewal - Kenneth F. Field for Preschool Special Education Consulting Services 314 08/08/94 Authorize Agreement with the Towns for Microfilm Project 319 08/08/94 Authorize Contract with NYSID - Records Management 320 08/08/94 Authorize Chairman of the Legislature to Sign Records Management Grant Acceptance form and All Relative Reports 322 08/08/94 Schuyler County Child Abuse Task Force Agreement - Mental Health 326 08/08/94 Adoption of Schuyler County Solid Waste Management Plan 330 08/08/94 Authorize Change Order with All-Mode Communications, Inc. 356 09/12/94 Authorize 1995 DWI Plan - Sheriff's Department 357 09/12/94 Contract - Unifies Court System/Security Services - Sheriff's Department 359 09/12/94 ---PAGE BREAK--- Authorize Contract for Development of Jail Policies and Procedures 360 09/12/94 Agreement - Computer Enhancement for Schuyler County Sheriff's Department Computer Network 362 09/12/94 Amend Contract with the New York State Department of Health for Reimbursement of Rabies Expenses 365 09/12/94 Contract - Corning City School District for Preschool Transportation/Waive Minimum Insurance Standards for Contracts with Corning City School District for Preschool Transportation and Special Education 366 09/12/94 Contract - Odessa-Montour Central School District for the Transportation of Preschool Handicapped Children 367 09/12/94 Contract - Miller Associates for Home Health Agency Speech Therapy Services 368 09/12/94 Contract - Miller Associates for Preschool Special Education Speech Therapy Services 369 09/12/94 Contract - Pediatric Therapy Services, P.C., for Physical Therapy Early Intervention Services 370 09/12/94 Authorize Contract with Wades's Trucking, Inc., to Provide Junk Mail Collection Services 386 09/12/94 Approve Schuyler County Youth Board/Bureau - Comprehensive Planning Resource Allocation Package for 1995 409 10/11/94 Amend Resolution No. 360-94 Relative to Contracting for ---PAGE BREAK--- Development of Jail Policies/Procedures 411 10/11/94 Authorize Chairman of the Legislature to Sign a Contract with the Star-Gazette for Advertising - Civil Service/Personnel 419 10/11/94 Approval and Ratification of Collective Bargaining Agreement Covering Employees in the Schuyler County Deputy Sheriff's Association 427 10/11/94 Authorize Change Order P-4/Contract with Collins & Walton Plumbing & Heating Contractors, Inc. 433 10/11/94 Authorize Three Year Buyout with CAT Finance of Lease Equipment - Highway 437 11/14/94 Authorize EISEP Contract - Office for the Aging 443 11/14/94 Agreement - NYSDOH Grant: 89-313 Funding for the Early Intervention Program 451 11/14/94 Authorize Home Health Agency Contract with Gwen Whiting for Physical Therapy Services 454 11/14/94 Authorize Renewal Agreement for Dog Pound Property 457 11/14/94 Authorize Renewal Agreement with Graig DDSO 458 11/14/94 Authorize Maintenance Agreement for Generators - Emergency Management - Tabled 460 11/14/94 Authorize Extended Contract with Gordon Stevens 463 11/14/94 Maintenance Agreement with KEX/Copy Source for the Home Health Agency's Copier 468 11/14/94 ---PAGE BREAK--- Authorize Applied Business Systems, Inc., Contract - Real Property Tax Service Agency 471 11/14/94 Agreement RPS Network Support/Systems East - Real Property Tax Agency 507 12/12/94 Authorize Changer Order GC-12 and GC-13/Contract with McGuire & Bennett, Inc. 512 12/12/94 Authorize Change Order HVAC-2/Contract with D.J. D'Amico Plumbing & Heating Co., Inc. 513 12/12/94 Authorize Contract with Schuyler County Hospital for Physician's Assistant Services 518 12/12/94 Authorize Service Maintenance Agreement - DSS 555 12/28/94 Authorize Agreement with Schuyler County Chamber of Commerce565 12/28/94 Authorize Chairman to Sign Anti-Crime Bill Grant Application566 12/28/94 BIDS Authorize County Highway Superintendent to Advertise for Bids for Materials and Supplies for 1994 49 02/14/94 Authorize County Highway Superintendent to Advertise for Bids for Two New Material Spreaders 50 02/14/94 Authorize Bids for Abstraction Services for 1994 Tax Auction Properties Real Property Tax Service Agency 61 02/14/94 Authorization to Advertise for Bids - Seneca Harbor Park 76 02/14/94 Award Quote to Schamel Brothers for Fishing Pier ---PAGE BREAK--- Reconnection 77 02/14/94 Authorize Advertising for Bid and Sale - Tax Deed Parcels Remaining Unsold from Tax Auction 121 03/14/94 Accept/Reject Bids for Improvements to Seneca Harbor Park 125 03/14/94 Accept/Reject Bids for Abstracting Services for 1994 Tax Auction Properties 127 03/14/94 Authorize Bidding for 457 Deferred Compensation Model Plan 129 03/14/94 Accept Bid for Two Material Spreaders - Highway 149 04/11/94 Accept Bids for Ready Mix Concrete - Highway 150 04/11/94 Accept Bid for Culvert Pipe (Corrugated, Metal, Galvanized) - Highway 151 04/11/94 Accept Bids for Crushed Stone (Limestone & Crushed Gravel) - Highway 152 04/11/94 Accept/Reject Bids for Steel Plate, Steel Pipe, Gabion Baskets, Ship Steel - Highway 153 04/11/94 Accept Bids for Gravel (Bank Run) - Highway 154 04/11/94 Accept Bid for Signs and Sign Posts - Highway 155 04/11/94 Accept Bid for Guiderail - Highway 156 04/11/94 Accept Bid for Tree Trimming and Stump Removal - Highway 157 04/11/94 Accept Bid for Salt Brine - Highway 158 04/11/94 Accept/Reject Bids for Ties - Highway 159 04/11/94 Accept/Reject Bids for Bituminous Concrete Asphalt - Highway160 04/11/94 Accept/Reject Bids for Liquid Bituminous Materials 161 04/11/94 ---PAGE BREAK--- Authorize Advertising for Bids for Transportation of Preschool Handicapped Children from 7/1/94 - 6/30/95 167 04/11/94 Accept/Reject Bids for Tax Deed Parcels Remaining Unsold from Tax Auction 173 04/11/94 Reject Bid for Pressure Treated Timbers 174 04/11/94 Accept Estimate from Labella Associates, P.C. for Engineering Services 202 05/09/94 Authorize County Highway Superintendent to Advertise for Bids for Lightning Rod Protection 204 05/09/94 Authorize Emergency Management Coordinator to Advertise for Bids for a Telephone/Radio Recording System 214 05/09/94 Accept/Reject Bids for Telephone/Radio Recording System 240 06/13/94 Accept/Reject Bids for Transportation of Preschool Handicapped Children to and from the Special Children's Center from 7/1/94-6/30/95 253 06/13/94 Accept/Reject Bids for Transportation of Preschool Handicapped Children from 7/1/94-6/30/95 - Oak's Garage, Inc. 254 06/13/94 Accept/Reject Bids for Transportation of Preschool Handicapped Children from 7/1/94-6/30/95 - Birnie Transportation Services, Inc. 255 06/13/94 Authorize Option I and Advertisement for Bid - Vital Telecommunications 265 06/13/94 Accept/Reject Bids for Telecommunications System 295 07/11/94 ---PAGE BREAK--- Declare Vehicle Surplus/Authorize Advertisement for Bids - DSS 304 08/08/94 Authorize Advertisement for Bids - Construction of County Parking Lot 309 08/08/94 Advertise for Bids for Pressure Treated Timbers 329 08/08/94 Declare Highway Scrap Pile Surplus/Authorize to Advertise for Bid 347 09/12/94 Accept/Reject Bids for Pressure Treated Timbers 355 09/12/94 Declaration of Emergency/Waiver of Bid Requirements Emergency Management 378 09/12/94 Accept/Reject Tax Auction Bids - As Amended 390 09/12/94 Accept/Reject Bids for Parking Lot Project 400 09/30/94 Accept/Reject Bid - DSS Surplus Vehicle 407 10/11/94 Authorize Advertisement for Bids for Vehicle - OFA 444 11/14/94 Authorize Advertisement for Bids of Surplus Vehicles 462 11/14/94 Accept/Reject Bids for Surplus County Vehicles 527 12/12/94 Accept/Reject Bids for Vehicle - Office for the Aging 553 12/28/94 BOARDS/COUNCILS/AGENCIES Rescind Honorarium for Soil & Water Board of Directors - 1994 - As Amended 29 01/10/94 Appointments to Standing Committees of the Legislature and Committees and Boards Connected with County Government 30 01/10/94 ---PAGE BREAK--- Authorize Compensation to SCIDA 81 02/14/94 Appointment of Finger Lakes Association Representative and Alternate for 1994 90 02/14/94 One-Year Appointments 97 02/14/94 Two-Year Appointments 98 02/14/94 Appointment - Forest Practice Board 99 02/14/94 Appointment - SCIDA 102 02/14/94 One-Year Appointments 130 03/14/94 Two-Year Appointments 131 03/14/94 Appointments - Medical Scholarship Committee 132 03/14/94 Appointments - Tri-County Tourism Council 133 03/14/94 Appointment - Grange Representative - Soil & Water Conservation Board 134 03/14/94 Appointments - Professional Advisory and Health Services Advisory Committee 177 04/11/94 Resolution of Recognition to Southern Tier Central Regional Planning and Development Board and Richard C. Bornholdt 190 05/09/94 Appointment - Martha N. Ashley - Civil Service Commission 205 05/09/94 Appointment - Community Services Board 210 05/09/94 Appointment - Youth Board 217 05/09/94 Appointment - Tri-County Tourism Council 220 05/09/94 Appointment to Schuyler County Agricultural Committee 226 05/09/94 ---PAGE BREAK--- Appoint - Computer Coordination Committee 249 06/13/94 Appointment - Medical Scholarship Committee 263 06/13/94 Appointment - Computer Coordination Committee and Negotiating Teams 414 10/11/94 Appointment - Medical Scholarship Committee and Negotiating Teams 415 10/11/94 Appointment - Private Industry Council 425 10/11/94 Appointment of Director of Planning and Community Development to Various Boards 439 11/14/94 BUDGET ITEMS Waive the Requirement for Transfer of Funds - Watershed 69 02/14/94 Managed Care Grant Amendments to Social Services Budget 148 04/11/94 Create Advertising Line Item - Central Data Processing 185 05/09/94 Authorization for Budget Amendments - Youth Bureau 197 05/09/94 Budget Amendment - Youth Bureau 305 08/08/94 Adjust Budget for $8,000 Increase in Immunization Grant 315 08/08/94 Budget Adjustment - Model Early Intervention Service Project371 09/12/94 Amend Resolution Establishing 1994 Budget Account - Office for the Aging 374 09/12/94 Amend Resolution No. 305-94/Budget Amendments Bureau 376 09/12/94 Alteration of Tentative Budget Pursuant to County Law Section 358 (Addition of $2,000 to Revenue Account No. 1620.2410) ---PAGE BREAK--- - Buildings and Grounds 472 11/14/94 Alteration of Tentative Budget - Pursuant to County Law Section 358 - Public Health 476 11/14/94 1995 Budget Adjustment for Early Intervention Program Services and Revenue 478 11/18/94 Alteration to Tentative Budget Pursuant to County Law Section 358 - Highway 479 11/18/94 Alteration to Tentative Budget - Worker's Compensation - Highway & General Fund 480 11/18/94 Alteration to Tentative Budget - Worker's Compensation - Highway & General Fund W/D 11/18/94 Alteration to Tentative Budget - Worker's Compensation - General Fund & Dividends 481 11/18/94 Alteration of Tentative Budget - Medical Insurance - General Fund 482 11/18/94 Alteration of Tentative Budget - Revenue Account 483 11/18/94 Alteration of Tentative Budget - Budget Surplus 484 11/18/94 Alteration of Tentative Budget - Sales Tax 484 11/18/94 Alteration to Tentative Budget Pursuant to County Law Section 360 - Department of Social Services 489 12/06/94 Alteration to Tentative Budget Pursuant to County Law Section 360 - Highway Department 490 12/06/94 Alteration to Tentative Budget Pursuant to County Law Section ---PAGE BREAK--- 360 - Central Services 491 12/06/94 Alteration to Tentative Budget Pursuant to County Law Section 360 - Veterans Service Agency 492 12/06/94 Alteration to Tentative Budget Pursuant to County Law Section 360 - Public Health Department 494 12/09/94 Alteration to Tentative Budget Pursuant to County Law Section 360 - Cooperative Extension - Failed 495 12/09/94 Alteration to Tentative Budget Pursuant to County Law Section 360 - Cooperative Extension - Failed 496 12/09/94 Alteration to Tentative Budget Pursuant to County Law Section 360 - County Administrator 497 12/09/94 Alteration to Tentative Budget Pursuant to County Law Section 360 - Chamber of Commerce 498 12/09/94 Alteration to Tentative Budget Pursuant to County Law Section 360 - Planning 499 12/09/94 Alteration to Tentative Budget Pursuant to County Law Section 360 - Probation 500 12/09/94 Alteration to Tentative Budget Pursuant to County Law Section 360 - Social Services 501 12/09/94 Alteration to Tentative Budget Pursuant to County Law Section 360 - Emergency Management 502 12/09/94 Adjust 1994 Immunization Grant Budget 516 12/12/94 Establish 1995 Immunization Grant Budget 517 12/12/94 ---PAGE BREAK--- Amend Office for the Aging 1994 Budget 532 12/12/94 Amend Resolution No. 500-94/Alteration to Tentative Budget Pursuant to County Law Section 360 - Probation 536 12/12/94 Alteration of Tentative Budget Pursuant to County Law Section 360 - Buildings & Grounds - Failed 537 12/12/94 Alteration of Tentative Budget Pursuant to County Law Section 360 - Publicity 538 12/12/94 Alteration of Tentative Budget Pursuant to County Law Section 360 - Treasurer 539 12/12/94 Alteration of Tentative Budget Pursuant to County Law Section 360 - Probation - Failed 540 12/12/94 Alteration of Tentative Budget Pursuant to County Law Section 360 - Sheriff - Failed 541 12/12/94 Alteration of Tentative Budget Pursuant to County Law Section 360 - Sheriff 542 12/12/94 Amend Resolution No. 543 - Failed 543A 12/12/94 Amend Resolution No. 543 543B 12/12/94 Alteration of Tentative Budget Pursuant to County Law Section 360 - Cooperative Extension - As Amended 543 12/12/94 Alteration of Tentative Budget Pursuant to County Law Section 360 - Veterans 544 12/12/94 Alteration of Tentative Budget Pursuant to County Law Section 360 - Treasurer 545 12/12/94 ---PAGE BREAK--- Alteration of Tentative Budget Pursuant to County Law Section 360 - Sales of Real Property 546 12/12/94 Alteration of Tentative Budget Pursuant to County Law Section 360 - Public Health 547 12/12/94 Alteration of Tentative Budget Pursuant to County Law Section 360 - Health & Dental Insurance 548 12/12/94 Adoption of Schuyler County Budget for 1995 - Failed 549 12/12/94 Adoption of Schuyler County Budget for 1995 550 12/12/94 Appropriate the Several Amounts Specified in Budget in Column Entitled "1995" 551 12/12/94 1995 Budget of $18,945,549.00: Legislature to Determine Town Contribution to County Taxes and Issue Certificate to Each Town 552 12/12/94 DIRECTIVES Conform to "Rules of Procedure" 12 01/03/94 Travel Reimbursement (Mileage) for 1994 20 01/03/94 FINANCIAL Designation of Depositories for Schuyler County Funds 11 01/03/94 Declare Item Surplus - Elections 26 01/10/94 Approve Highway Department Purchase of Material Spreader 70 02/14/94 Authorize Prepayment of Voucher - County Historian 74 02/14/94 ---PAGE BREAK--- Authorize Compensation to County Veterinarians 75 02/14/94 Laser Printer - Treasurer's Office 85 02/14/94 Mileage Reimbursement for Certain Volunteers 86 02/14/94 Prepayment of Claims 92 02/14/94 Authorize County Treasurer to Pay Audit Within Funds 101 02/14/94 Increase Appropriation/Transfer of Funds - Soil and Water Conservation 105 02/14/94 Transfer of Funds - Mental Health 113 03/14/94 Establish Petty Cash Fund for Intensive Case Management 114 03/14/94 Authorize County Treasurer to Pay Audit Within Funds 140 03/14/94 Authorize Prepayment of Health and Dental Insurance Premiums144 03/14/94 Authorize Transfer of Funds - Sheriff's Department 163 04/11/94 Authorize Transfer of Funds - District Attorney 175 04/11/94 Authorize County Treasurer to Pay Audit within Funds 179 04/11/94 Transfer Funds for Computer Software - Central Data Processing 186 05/09/94 Authorize Increase in Home Health Agency Rates 198 05/09/94 Authorize Change in Line Item Description - Highway 207 05/09/94 Authorize County Treasurer to Remove Charges for Invalid Entry of Town of Tyrone Assessment Roll and Bill Back to Town 219 05/09/94 Authorize Hardware Upgrade - Legislative Office and Transfer of Funds - Central Data Processing 224 05/09/94 ---PAGE BREAK--- Authorize County Treasurer to Pay Audit within Funds 228 05/09/94 Authorize Purchase of Security Cameras 238 06/13/94 Approve Transfer of $1,000 from Contingent Account No. 1990 to Account No. 1010.402 260 06/13/94 Award of Medical Scholarship - James P. Coleman III 264 06/13/94 Authorize County Treasurer to Pay Audit Within Funds 266 06/13/94 Authorize Payment of Employee Counseling and Transfer Funds 282 07/11/94 Authorize Transfer of Funds and Payment to Stanley Clark as Director of Veterans Services - AS AMENDED 287 07/11/94 Authorize Transfer of Funds - Judgment & Claims 288 07/11/94 Request for Actuarial Study of New York State Retirement System and Reimbursement of "Intercepted Funds" 289 07/11/94 Support of the Acceptance of Credit Card Payment for Fines, Civil Penalties, Taxes, Fees, Rent Charges or other Amounts by Counties at their Option only if the Municipality Can Charge an Administrative Fee to Cover the Cost of Credit Card Transaction 292 07/11/94 Authorize County Treasurer to Pay Audit Within Funds 296 07/11/94 Authorize Purchase of Room Dividers/Create Line Item Transfer Funds - DSS 303 08/08/94 Authorize Purchase of Generator and Transfer of Funds 310 08/08/94 Declare Vehicle Surplus - Sheriff's Department 312 08/08/94 Authorize Transfer of Funds - County Clerk 318 08/08/94 ---PAGE BREAK--- Authorize Purchase of Chair/Transfer of Funds - Civil Service 323 08/08/94 Transfer of Funds - Highway 340 08/08/94 Authorize Purchase of Chair/Transfer of Funds - County Attorney 348 09/12/94 Authorize Transfer of Funds for Counseling Services 353 09/12/94 Increase Appropriations and Revenues - Sheriff's Department358 09/12/94 Authorize Purchase of Network Hardware and Transfer of Funds - Central Data Processing 373 09/12/94 Authorize Funding and Purchase of Emergency Radio Equipment 379 09/12/94 Create Line Item-Transfer Funds/Veterans Service Agency 382 09/12/94 Transfer of Immunization Grant Funds to Equipment 383 09/12/94 Appropriate $75,000 Surplus - County Road Fund 388 09/12/94 Transfer of Funds - Personal Services Accounts 391 09/12/94 Rescind Resolution No. 358-94/Increase Appropriations and Revenues - Sheriff's Department 396 09/19/94 A Resolution Authorizing the Purchase and/or Installation of Fire, Police and Emergency Management Communication/ Transmission Equipment for the County of Schuyler, New York, at a Maximum Estimated Cost of $232,000, and Authorizing the Issuance of $232,000 Serial Bonds of Said County to Pay the Cost Thereof 403 10/04/94 Authorize Purchase Agreement with Motorola, Inc. for Digital ---PAGE BREAK--- Microwave System 404 10/04/94 Authorize Purchase/Transfer of Funds - Probation 406 10/11/94 Authorize Purchase/Transfer of Funds - Sheriff's Department 410 10/11/94 Transfer of Funds - Legislature 413 10/11/94 Transfer of Funds - Civil Service/Personnel 418 10/11/94 Transfer of Funds - Records Management 420 10/11/94 Authorize Purchase/Transfer of Funds for Network Cards - Real Property Tax Agency 423 10/11/94 Transfer of Funds - County Clerk 426 10/11/94 Transfer of Funds - Personal Services Accounts 432 10/11/94 Authorize Purchase of Printer/Transfer of Funds - Treasurer's Office 434 10/11/94 Transfer of Funds - Weights and Measures 438 11/14/94 Authorize Transfer of Funds - Central Data Processing 440 11/14/94 Transfer of Funds - District Attorney 441 11/14/94 Transfer of Funds - Veterans Service Agency 445 11/14/94 Transfer of Funds - Legislature 447 11/14/94 Transfer of Lead Grant Funds from 4010.100-4012 to 4010.208-4012 452 11/14/94 Transfer of Funds - Watershed 455 11/14/94 Transfer of Funds - Buildings and Grounds 456 11/14/94 Transfer of Funds - Weights and Measurers 469 11/14/94 Transfer of Funds - Unallocated Insurance 470 11/14/94 ---PAGE BREAK--- Transfer of Funds - Community Colleges 475 11/14/94 Authorize Purchase of Computer - Youth Bureau - Failed 509 12/12/94 Authorize Purchase of Van - Mental Health 510 12/12/94 Transfer of Funds - Highway 511 12/12/94 Transfer of Lead Grant Funds from 4010.100-4012 to 4010.472-4012 515 12/12/94 Transfer of Funds for First Aid Cases 522 12/12/94 Transfer of Funds - Veterans Service Agency 529 12/12/94 Authorize Payment Methodology for Telephone Bills 530 12/12/94 Transfer of Funds - Civil Service/Personnel 534 12/12/94 Authorize Purchase of Computer/Transfer of Funds - Youth Bureau 556 12/28/94 Authorize Encumbrance of Funds - Legislature 558 12/28/94 Transfer of Funds - Records Management 559 12/28/94 Authorize Purchase of Computer/Transfer of Funds - Board of Elections 560 12/28/94 Transfer of Funds - Sheriff's Department 561 12/28/94 Transfer of Funds - Watershed 564 12/28/94 Transfer of Funds - Various Departments 567 12/28/94 INSURANCE MATTERS LOCAL LAWS Local Law Intro. No. 2 of the Year 1993/Local Law No. of 1994 Setting the Salaries of Certain Public Officers for ---PAGE BREAK--- the Year 1994 28 01/10/94 Local Law Intro. No. 1, Local Law No. 3 of the Year 1994 Entitled "Schuyler County Watershed Protection Law" 162 04/11/94 Local Law No. 3 of the Year 1994 Entitled "Schuyler County Watershed Protection Law" 218 05/09/94 Introduction of Local Law Intro. No. 2, Local Law No. 4, of the Year 1994 278 07/11/94 Local Law No. 4 of the Year 1994 321 08/08/94 Intro. No. 3/Local Law No. 5 of the Year 1994 Regarding Installment Payment of Past Due Real Estate Taxes 435 11/14/94 Intro. No. 4/Local Law No. 6 of the Year 1994 Regarding Redemption Period for Taxes Becoming Liens During 1995 and 1996 436 11/14/94 Local Law No. 5 of the Year 1994 Regarding Installment Payment of Past Due Real Estate Taxes 525 12/12/94 Local Law No. 6 of the Year 1994 Regarding Redemption Period for Taxes Becoming Liens During 1995 and 1996 526 12/12/94 MISCELLANEOUS Close Nominations - 1994 Chairman Schuyler County Legislature 1 01/03/94 Close Nominations - 1994 Chairman Schuyler County Legislature 4 01/03/94 ---PAGE BREAK--- "Continuity of Local Government" for 1994 9 01/03/94 Designation of Legal County Newspaper 10 01/03/94 Designation of Depositories for Schuyler County Funds 11 01/03/94 Approve Minutes of the November 10 and 12, 1993 Special Meetings, November 29, 1993 Public Hearing and December 6, 1993 Special Meeting of the Schuyler County Legislature 25 01/10/94 Approve Request for Out-Of-State Travel - Sheriff Department 27 01/10/94 Amend Resolution No. 29 29A 01/10/94 Amend Resolution No. 29 29B 01/10/94 Adopt Increase - Sliding Scale with $10,000 Base - Partial Exemption from Real Property Taxation Bills 32 01/10/94 Motion to Bring Two Resolutions to the Floor 34 01/10/94 Authorization - Section 75 of the New York State Department of Civil Service Law 35 01/10/94 Proclaim January 26, 1994 as "School Nurse Day" in Schuyler County 36 01/10/94 Close Nominations - 1994 Chairperson Schuyler County Legislature 37 01/10/94 Ratification of Special Meeting Call 40 01/18/94 Close Nomination - 1994 Chairperson Schuyler County Legislature 41 01/18/94 Ratification of Special Meeting Call 44 01/28/94 Close Nomination - 1994 Chairperson Schuyler County ---PAGE BREAK--- Legislature 45 01/28/94 Approve Minutes of the December 13, 1993 Regular Meeting, December 29, 1993 Year's End Meeting and January 3, 1994 Organizational Meeting of the Schuyler County Legislature 48 02/14/94 Set Date - 1994 Tax Sale Sanction 62 02/14/94 Resolution Establishing Charter Membership in the County GIS Cooperative and Supporting the & D Board Application for Sara Funding 67 02/14/94 County Seal for Subrogation of Benefits 68 02/14/94 Waiver of Resolution No. 345-85/Authorization to Proceed with Project Specification Relative to Carpeting 71 02/14/94 Benefits for Schuyler County Employees not Covered by a Bargaining Agreement for 1994, 1995, and 1996 79 02/14/94 Proclaim 1994 Employ Older Workers Week 80 02/14/94 Resolution for Surrender of Drainage Easement 83 02/14/94 Support and Participation in the Economic Development District Program of the Southern Tier Central Regional Planning and Development Board and Request that the Economic Development Administration Continue to Provide Administrative Funding Support 91 02/14/94 Postpone Due Date for 1994 Goals of Department Heads 96 02/14/94 Motion to Bring Two Resolutions to the Floor 103 02/14/94 Standardization of Fire Detection and Alarm Equipment 107 03/14/94 ---PAGE BREAK--- Establish 1994 Seasonal Rate Schedule for Lakefront Marina 108 03/14/94 Commendation - Richard E. Cole - Director of Office for the Aging 110 03/14/94 Resolution Supporting the State Takeover of Medicaid 126 03/14/94 Adopt Parking Plan for Seneca Harbor Park 137 03/14/94 Motion to Bring Three Resolutions to the Floor 141 03/14/94 Reaffirmed Opposition to the Closure of USDA Offices in Schuyler County 142 03/14/94 Authorize Prepayment of Health and Dental Insurance Premiums144 03/14/94 Approve Minutes of 1/10/94 Regular Meeting, 1/18/94 Special Meeting and 1/28/94 Special Meeting 145 04/11/94 Amend Resolution No. 16-94 - Travel Reimbursement 169 04/11/94 Rules of Procedure Modification - One Month Notice 170 04/11/94 Motion to Table Resolution No. 171 171A 04/11/94 Motion to Bring Three Resolutions to the Floor 180 04/11/94 Support of the Upper Susquehanna River Basin Strategic Plan 181 04/11/94 Declare April 28, 1994 as Workers' Memorial Day 182 04/11/94 Approve Minutes of February 14, 1994 and March 14, 1994 Regular Meetings of the Schuyler County Legislature 184 05/09/94 Proclaim the Month of May "Foster Parent Month" 188 05/09/94 Amend Resolution No. 90-94/Appointment of Finger Lakes Association Representative 189 05/09/94 Re-affirm Commitment of Schuyler County to REDEC 191 05/09/94 ---PAGE BREAK--- Declare Equipment Surplus/Authorize Sale - Highway 203 05/09/94 Authorize Local Waiver in Accordance with 10 Appendix 75-A - Watershed Department 208 05/09/94 Accept/Approve Community Services Board Acquisition of New Space - Mental Health 209 05/09/94 Proclaim Month of May as "Mental Health Month" 211 05/09/94 Modification of Rule 22 of County Legislature's Rules of Procedure 216 05/09/94 Motion to Bring on Resolution to the Floor 229 05/09/94 Ratification of Special Meeting Call 231 05/27/94 Authorize Chairman to Decline Recognition of Supervisors Association of Schuyler County (SASC) 232 05/27/94 Approve Minutes of April 11, 1994 Regular Meeting of the Schuyler County Legislature 233 06/13/94 Authorize Application for EISEP Funds - Office for the Aging235 06/13/94 Authorize Issuance of Dog Licenses from the Schuyler County Animal Shelter 241 06/13/94 Declare Equipment Surplus/Authorize Sale - Highway 251 06/13/94 Establish Junk Mail Account No. 8160.361 262 06/13/94 Award of Medical Scholarship - James P. Coleman III 264 06/13/94 Motion to Bring One Resolution to the Floor 267 06/13/94 Approve Minutes of May 9 and June 13, 1994 Regular Meeting and the May 27, 1994 Special Meeting of the Schuyler ---PAGE BREAK--- County Legislature 269 07/11/94 Authorize Replacement of UPS - Central Data Processing 270 07/11/94 Set County Burial Rates 272 07/11/94 New York Tourist Promotion Act - Designation by County of Official Tourist Promotion Agency 273 07/11/94 Legal Services - Building Project - Mental Health 274 07/11/94 Memorandum of Understanding - RSVP - 1994 - Mental Health 276 07/11/94 Model Early Intervention Service Project 277 07/11/94 Amend Resolution No. 279 279A 07/11/94 Amend Resolution No. 279 279B 07/11/94 Accept Proposal for Deferred Compensation Plan 283 07/11/94 Restoration of the Finger Lakes Aquatic Vegetation Control Program "Aid to Localities Funds" 284 07/11/94 Support of the Extension of Chapter 413 of the Laws of 1991 290 07/11/94 Authorize Dissolution of Solid Waste Management Task Force and Offer Gratitude to Members for Service 297 07/11/94 Authorize Hiring Computer Consultant 300 08/08/94 Annual Update of the PINS Diversion Law 301 08/08/94 Declare Van Surplus - Office for the Aging 302 08/08/94 Adopt Guidelines for Use of the Rural Urban Center 307 08/08/94 Resolution of Commendation and Gratitude to Margaret A. Jensen, Executive Secretary to Civil Service/Personnel Director of Schuyler County 317 08/08/94 ---PAGE BREAK--- Schuyler County Mental Health Association - Mental Health 325 08/08/94 Set Home Health Agency Rate for Medical Social Worker Visits 328 08/08/94 Finger Imaging of Home Relief Recipients 331 08/08/94 Request to Delay Congressional Vote on GATT 332 08/08/94 Set Special Meeting Date 335 08/08/94 Authorize Application for Appalachian Regional Commission Funding 336 08/08/94 Commitment of Support to the Arts of the Southern Finger Lakes 338 08/08/94 Motion to Bring One Resolution to the Floor 339 08/08/94 Ratification of Special Meeting Call 341 09/01/94 Approve Minutes of the July 11, 1994 Regular Meeting of the Schuyler County Legislature 346 09/12/94 Amend Policies and Procedures Relative to Travel 350 09/12/94 Declare Items Surplus - Sheriff's Department 361 09/12/94 Amend Resolution No. 364 364A 09/12/94 Job Readiness Training - DSS 375 09/12/94 Authorize the Schuyler County Chamber of Commerce to Act on Behalf of the Schuyler County legislature by Entering into a 1995 County Membership Agreement with the Finger Lakes Association 377 09/12/94 Declaration of Emergency/Waiver of Bid Requirement Emergency ---PAGE BREAK--- Management 378 09/12/94 Request for Emergency Legislation of the Grape and Wine Industry 380 09/12/94 Resolution in Support of H.R. 140 - "No Money, No Mandates" 384 09/12/94 Approve Corning Community College Five Year Capital Plan 385 09/12/94 Motion to Bring Four Resolutions to the Floor 387 09/12/94 Rules of Procedure Modification - One Month Notice 389 09/12/94 Amend Resolution No. 390 390A 09/12/94 Ratification of Special Meeting Call 393 09/19/94 Set Special Meeting Date 394 09/19/94 Waive Rule No. 3 of Schuyler County Legislature's Rules of Procedure 395 09/19/94 Ratification of Special Meeting Call 398 09/30/94 Ratification of Special Meeting Call 402 10/04/94 Approve Minutes of the August 8, 1994 Regular Meeting of the Schuyler County Legislature 405 10/11/94 Contract with Freed, Maxick, Sachs & Murphy for Assistance with the Home Health Agency's Appeal of the Final Settlement of the 1986 Medicare Cost Report 412 10/11/94 Urging the New York State Legislature to Amend the Freedom of Information Law - Withdrawn 416 10/11/94 Declare Chair Surplus - Legislature 417 10/11/94 Amendment and Modification of Rule 4 of County Legislature's ---PAGE BREAK--- Rules of Procedure 422 10/11/94 Urging Postal Rate Reduction for Local Taxpayers Pursuant to Article 5 of the County Law of the State of New York 431 10/11/94 Family Foster Care Rates - DSS 446 11/14/94 Dedication of 1994 Proceedings 449 11/14/94 Authorize Additional Services - Vital Telecommunications, Inc. 459 11/14/94 Adopt Emergency Response Plan 461 11/14/94 Set Dates - Special Meetings of the Legislature 464 11/14/94 Set Date for Public Hearing on County Budget for 1995 465 11/14/94 Endorsement - Gateway Designation - Department of Employment and Training 466 11/14/94 Approval of the Office for the Aging 1995 Annual Implementation Plan for The Older Americans and New York State Community Services for the Elderly Programs 473 11/14/94 Motion to Bring Two Resolutions to the Floor 474 11/14/94 Ratification of Special Meeting Call 477 11/18/94 Support the Grant Applications to the National Timber Bridge Initiative 486 11/18/94 Support the Grant Application for Participation in the Non-Point Source Implementation 487 11/18/94 Ratification of Special Meeting Call 488 12/06/94 Ratification of Special Meeting Call 493 12/09/94 ---PAGE BREAK--- Approve Minutes of the August 8, 1994 Regular Meeting, September 1, 1994 Special Meeting, September 12, 1994 Regular Meeting, September 19, 1994 Special Meeting, September 30, 1994 Special Meeting, and October 4, 1994 Special Meeting of the Schuyler County Legislature 503 12/12/94 Authorize Town of Hector Delinquent Water Bills to be Charged on the January 1995 Town and County Tax Bills 504 12/12/94 Authorize Town of Reading Delinquent Sewer and Water Bills to be Charged on the January 1995 Town and County Tax Bills 505 12/12/94 Authorize 1994 Cost Allocation Certification - DSS 508 12/12/94 Authorize Purchase of Computer - Youth Bureau - Failed 509 12/12/94 Amend Policies and Procedures as it Relates to the Workplace Smoking Policy 514 12/12/94 Declare Automatic Telephone Answering Machine Surplus - County Attorney's Office 519 12/12/94 Set Date - 1994 Year's End Meeting of the Legislature 520 12/12/94 Set Date - 1995 Organizational Meeting of the Legislature 521 12/12/94 Resolution of Thanks to Mr. Stanley Clark 524 12/12/94 Authorize Recycling/Solid Waste Coordinator to Write the Full Proposal and Apply for a Grant Funded by the New York State Department of Environmental Conservation (NYSDEC) for a Waste Pesticide Collection Program 531 12/12/94 Motion to Bring Two Resolutions to the Floor 533 12/12/94 ---PAGE BREAK--- Amend Resolution No. 543 - Failed 543A 12/12/94 Amend Resolution No. 543 543B 12/12/94 Authorize 1993 Cost Allocation Plan - DSS 554 12/28/94 Authorization to Request Federal Section 18 Assistance for Schuyler County Transit Service - FY 1995 562 12/28/94 NEGOTIATIONS PERSONNEL MATTERS ABOLISH/CREATE/CHANGE POSITIONS Authorize Hiring of Kelly Services Clerical Worker - Mental Health 53 02/14/94 Authorization Creation and Hiring of Custodian Position - Buildings and Grounds Department 82 02/14/94 Personnel Actions 88 02/14/94 Abolish One Full-Time Real Property Technician Position - Real Property Tax Service Agency 94 02/14/94 Authorize Hiring of Director of Office for the Aging 109 03/14/94 Create and Fill Supervising Social Worker - Mental Health 115 03/14/94 Fill staff Social Worker - Mental Health 116 03/14/94 Create and Fill Planning/Budget Assistant - Mental Health 117 03/14/94 Authorize Hiring - County Attorney's Office 135 03/14/94 Personnel Actions 136 03/14/94 Authorize Hiring of Senior Staff Social Worker - Mental ---PAGE BREAK--- Health 172 04/11/94 Personnel Actions 176 04/11/94 Create Position of Senior Account Clerk Typist - Legislature192 05/09/94 Increase Hours of Youth Bureau Director - 4/1/94-9/30/94 196 05/09/94 Personnel Actions 221 05/09/94 Create Temporary Data Entry Position - DSS 230 05/09/94 Authorize Typist Position - Department of Social Services 236 06/13/94 Authorize Floating Social Welfare Examiner Position - DSS 237 06/13/94 Create Typist Position/Authorize Hiring - Home Health 242 06/13/94 Renew the Schuyler County Public Health Nursing Service Operating Certificate for Immunology, Part-time Clinics, Well Child Care and TP Respiratory Care 243 06/13/94 Personnel Actions 259 06/13/94 Authorize Temporary Accounting Supervisor Grade B - DSS 271 07/11/94 Authorize Hiring of Kelly Services Clerical Worker - Mental Health 275 07/11/94 Personnel Actions 286 07/11/94 Authorize Hiring Civil Service Secretary Trainee and Fund Salary 316 08/08/94 Fill Staff Social Worker Position - Mental Health 324 08/08/94 Personnel Actions 327 08/08/94 Youth Bureau Director Designated Runaway & Homeless Youth Program Coordinator 334 08/08/94 ---PAGE BREAK--- Advertise and Fill Fiscal Manager Position - Mental Health 354 09/12/94 Authorize Advertising and Hiring of Home Health Aide and Personal Care Aide Per Diem 363 09/12/94 Authorize Public Health Office to Create and Fill a Clerk Position on Temporary Basis - As Amended 364 09/12/94 Increase Hours of Watershed Inspector Assistant 372 09/12/94 Personnel Actions 381 09/12/94 Authorization to Extend Two Temporary Laborers for the Highway Department 408 10/11/94 Create and Fill Assistant - Mental Health 421 10/11/94 Personnel Actions 428 10/11/94 Create Administrative Coordinator of Special Programs Position in the Public Health Office 453 11/14/94 Personnel Actions 467 11/14/94 Authorize Extension of Veterans Service Agency Director 523 12/12/94 Personnel Actions 528 12/12/94 Authorize Public Health Office to Hire a Clerk from a Temporary Agency 563 12/28/94 Personnel Actions 568 12/28/94 PERMANENT Personnel Actions 136 03/14/94 Personnel Actions 176 04/11/94 ---PAGE BREAK--- Personnel Actions 221 05/09/94 Personnel Actions 259 06/13/94 Personnel Actions 286 07/11/94 Personnel Actions 327 08/08/94 Personnel Actions 381 09/12/94 Personnel Actions 428 10/11/94 Personnel Actions 467 11/14/94 Personnel Actions 528 12/12/94 Personnel Actions 568 12/28/94 PROVISIONAL Personnel Actions 136 03/14/94 Personnel Actions 176 04/11/94 Personnel Actions 221 05/09/94 Personnel Actions 259 06/13/94 Personnel Actions 286 07/11/94 Personnel Actions 327 08/08/94 Personnel Actions 381 09/12/94 Personnel Actions 428 10/11/94 Personnel Actions 467 11/14/94 Personnel Actions 528 12/12/94 Personnel Actions 568 12/28/94 ---PAGE BREAK--- TEMPORARY Authorize Hiring of Kelly Services Clerical Worker - Mental Health 53 02/14/94 Authorize Temporary Help - Treasurer's Office 93 02/14/94 Personnel Actions 136 03/14/94 Personnel Actions 176 04/11/94 Personnel Actions 221 05/09/94 Create Temporary Data Entry Position - DSS 230 05/09/94 Personnel Actions 259 06/13/94 Authorize Hiring Temporary Help - Treasurer's Office 261 06/13/94 Authorize Temporary Accounting Supervisor Grade B - DSS 271 07/11/94 Authorize Hiring of Kelly Services Clerical Worker - Mental Health 275 07/11/94 Personnel Actions 286 07/1//94 Personnel Actions 327 08/08/94 Appointment Temporary Clerical Help - County Clerk 333 08/08/94 Authorize Public Health Office to Create and Fill a Clerk Position on Temporary Basis - As Amended 364 09/12/94 Personnel Actions 381 09/12/94 Authorization to Extend Two Temporary Laborers for the Highway Department 408 10/11/94 Personnel Actions 428 10/11/94 ---PAGE BREAK--- Personnel Actions 467 11/14/94 Personnel Actions 528 12/12/94 Authorize Public Health Office to Hire a Clerk from a Temporary Agency 563 12/28/94 Personnel Actions 568 12/28/94 LEAVE OF ABSENCE Personnel Actions 136 03/14/94 Personnel Actions 176 04/11/94 Personnel Actions 221 05/09/94 Personnel Actions 259 06/13/94 Personnel Actions 286 07/11/94 Personnel Actions 327 08/08/94 Personnel Actions 381 09/12/94 Personnel Actions 428 10/11/94 Personnel Actions 467 11/14/94 Personnel Actions 528 12/12/94 Personnel Actions 568 12/28/94 RESIGNATIONS/TERMINATIONS Personnel Actions 136 03/14/94 Personnel Actions 176 04/11/94 ---PAGE BREAK--- Accept Resignation/Authorize Appointment - Confidential Secretary to County Attorney 183 04/11/94 Personnel Actions 221 05/09/94 Personnel Actions 259 06/13/94 Personnel Actions 286 07/11/94 Personnel Actions 327 08/08/94 Personnel Actions 381 09/12/94 Personnel Actions 428 10/11/94 Personnel Actions 467 11/14/94 Personnel Actions 528 12/12/94 Accept Unconditional Resignation from Mikel J. Upham, Deputy Sheriff 535 12/12/94 Personnel Actions 568 12/28/94 APPOINTED OFFICIALS Appointment - Chair, Schuyler County Legislature 1994 2 01/03/94 Appointment - Chairman, Schuyler County Legislature 1994 3 01/03/94 Appointment - Chairman, Schuyler County Legislature 1994 5 01/03/94 Appointment - Chairman, Schuyler County Legislature 1994 6 01/03/94 Appointment - Clerk of the Legislature - 1994-95 7 01/03/94 Appointment - Deputy Clerk of the Legislature - 1994-95 8 01/03/94 Appointment - Schuyler County Attorney - 1994-95 13 01/03/94 Appointment - Assistant Schuyler County Attorney - 1994-95 14 01/03/94 ---PAGE BREAK--- Appointment - Public Defender for 1994 15 01/03/94 Appointment - Budget Officer for 1994 16 01/03/94 Appointment - Assistant District Attorney - 1994-95 17 01/03/94 Appointment - Confidential Secretary to County Attorney - 1994-95 18 01/03/94 Appointment - Confidential Secretary to District Attorney - 1994-97 19 01/03/94 Appointment - Chief Voting Machine Custodian 21 01/03/94 Appointment - Deputy County Clerk - 1994-97 22 01/03/94 Appointment - Chief Coroner for 1994 23 01/03/94 Appointment - Chair, Schuyler County Legislature - 1994 38 01/10/94 Appointment - Chair, Schuyler County Legislature - 1994 39 01/10/94 Appointment - Chair, Schuyler County Legislature - 1994 42 01/18/94 Appointment - Chair, Schuyler County Legislature - 1994 43 01/18/94 Appointment - Chair, Schuyler County Legislature - 1994 - Failed 46 01/18/94 Appointment - Chair, Schuyler County Legislature - 1994 - Failed 47 01/18/94 Appointment of Highway Superintendent 51 02/14/94 Acknowledge Appointment of Deputy Highway Superintendent 52 02/14/94 Appointments - Historian and Deputy Historian 100 02/14/94 Accept Resignation/Authorize Appointment - Confidential Secretary to County Attorney 183 04/11/94 ---PAGE BREAK--- Appointment - Martha N. Ashley - Civil Service Commission 205 05/09/94 Appointment Temporary Clerical Help - County Clerk 333 08/08/94 Appointment of Clerk of the Legislature 351 09/12/94 Appointment - Director of Planning 393 09/19/94 Appointment - Real Property Tax Director 397 09/19/94 Appointment - Director of Planning and Community Development401 09/30/94 Appointment - Director of Veterans Service Agency Training 430 10/11/94 Acknowledgement Appointment - Deputy Clerk of the Legislature 448 11/14/94 PLANNING & EXPANSION Establish 1994 Seasonal Rate Schedule for Lakefront Marina 108 03/14/94 Adopt Parking Plan for Seneca Harbor Park 137 03/14/94 Authorize Acceptance of Offer and Purchase of Supplies - Seneca Harbor Park Seawall 138 03/14/94 Support of the Upper Susquehanna River Basin Strategic Plan 181 04/11/94 Resolution of Recognition to Southern Tier Central Regional Planning and Development Board and Richard C. Bornholdt 190 05/09/94 Authorization for Schuyler County Chamber of Commerce to use Lakefront Park for Waterfront Festival 213 05/09/94 Restoration of the Finger Lakes Aquatic Vegetation Control Program "Aid to Localities Funds" 284 07/11/94 Authorize Network Layout Consultant for Court House Addition299 08/08/94 Authorization to Enter into License Agreement with the ---PAGE BREAK--- Village Marina for Temporary Use of a Portion of Seneca Harbor Park for Seasonal Boat Storage 308 08/08/94 A Resolution to Increase the Maximum Estimated Cost for the Construction of and Addition to and Reconstruction of Portions of the Courthouse/County Office Building Facility 399 09/30/94 PUBLIC HEARINGS Set Date for Public Hearing on County Budget for 1995 465 11/14/94 SALARIES Schedule of Salaries for 1994 24 01/03/94 Local Law Intro. No. 2 of the Year 1993/Local Law No. of 1994 Setting the Salaries of Certain Public Officers for the Year 1994 28 01/10/94 Amend Resolution No. 20-94 - 1994 Salary Schedule 87 02/14/94 Adjustment of Salary of Deputy County Clerk 194 05/09/94 Adopt Management Level Salary Plan as Amended 280 07/11/94 Authorize Hiring Civil Service Secretary Trainee and Fund Salary 316 08/08/94 Amend Management Level Salary Plan 337 08/08/94 Amend Management Level Salary Plan to Include Certain Titles349 09/12/94 Amend Management Level Salary Plan Relative to Performance Evaluations 352 09/12/94 ---PAGE BREAK--- TAX MATTERS Adopt Increase - Sliding Scale with $10,000 Base - Partial Exemption from Real Property Taxation Bills 32 01/10/94 Authorize Bids for Abstraction Services for 1994 Tax Auction Properties Real Property Tax Service Agency 61 02/14/94 Set Date - 1994 Tax Sale Sanction 62 02/14/94 Approve Application for Corrected Tax Roll - Town of Cayuta - Jan. 1, 1994 Levy 63 02/14/94 Approve Application for Corrected Tax Roll - Town of Reading - Jan. 1, 1994 Levy 64 02/14/94 Taxes on Land Purchased by the United States Government 84 02/14/94 Accept Contract 1994 Tax Auction - Matson Auction and Real Estate Company 119 03/14/94 Authorize Advertising for Bid and Sale - Tax Deed Parcels Remaining Unsold from Tax Auction 121 03/14/94 Accept/Reject Bids for Abstracting Services for 1994 Tax Auction Properties 127 03/14/94 Authorize County Tax Lien to be Charged to Allowance for Uncollectible 139 03/14/94 Accept/Reject Bids for Tax Deed Parcels Remaining Unsold from Tax Auction 173 04/11/94 Authorize County Treasurer to Remove Charges for Invalid ---PAGE BREAK--- Entry to Town of Tyrone Assessment Roll and Bill Back to Town 219 05/09/94 Tax Title Property Purchases - Delinquent Taxes on Other Parcels 248 06/13/94 Support Changes to Redemption Period for Tax Enforcement 250 06/13/94 Authorizing Distribution of Mortgage Tax Receipts Pursuant to Section 261 of the New York State Tax Law 257 06/13/94 Opposition to Legislation that Allows a Real Property Tax Exemption at Time of Acquisition 291 07/11/94 Support of the Acceptance of Credit Card Payment for Fines, Civil Penalties, Taxes, Fees, Rent Charges or Other Amounts by Counties at Their Option only if the Municipality can Charge an Administrative Fee to Cover the cost of Credit Card Transaction 292 07/11/94 Approve Application for Refund of Taxes - White - Town of Hector 1994 Levy 298 08/08/94 Accept Offer to Purchase and Quitclaim Property Taken by Tax Deed to Buddy and Genevieve Wilson 342 09/01/94 Accept Offer to Purchase and Quitclaim Property Taken by Tax Deed to Todd L. Foland 343 09/01/94 Accept Offer to Purchase and Quitclaim Property Taken by Tax Deed to William H. Purves 344 09/01/94 Accept Offer to Purchase and Quitclaim Property Taken by ---PAGE BREAK--- Tax Deed to William Shade 345 09/01/94 Adopt 1994 Equalization Rates for 1995 Taxes 424 10/11/94 Urging Postal Rate Reduction for Local Taxpayers Pursuant to Article 5 of the County Law of the State of New York 431 10/11/94 Intro. No. 3/Local Law No. 5 of the Year 1994 Regarding Installment Payment of Past Due Real Estate Taxes 435 11/14/94 Intro. No. 4/Local Law No. 6 of the Year 1994 Regarding Redemption Period for Taxes Becoming Liens During 1995 and 1996 436 11/14/94 Authorize Town of Hector Delinquent Water Bills to be Charged on the January 1995 Town and County Tax Bills 504 12/12/94 Authorize Town of Reading Delinquent Sewer and Water Bills to be Charged on the January 1995 Town and County Tax Bills 505 12/12/94 Unpaid School Taxes - Assessed and Relevied for 1994 506 12/12/94 Authorizing Distribution of Mortgage Tax Receipts Pursuant to Section 261 of the New York State Tax Law 557 12/28/94 RESOLUTIONS RESCINDED/AMENDED/WITHDRAWN/TABLED RESCINDED Rescind Honorarium for Soil & Water Board of Directors - 1994 - As Amended 29 01/10/94 Rescind Resolution No. 308-93 Minimum Bid Price for Tax Auction Parcel 120 03/14/94 ---PAGE BREAK--- Rescind Resolution No. 358-94/Increase Appropriations and Revenues - Sheriff's Department 396 09/19/94 AMENDED Rescind Honorarium for Soil & Water Board of Directors - 1994 - As Amended 29 01/10/94 Amend Resolution No. 20-94 - 1994 Salary Schedule 87 02/14/94 Amend Resolution No. 16-94 - Travel Reimbursement 169 04/11/94 Amend Resolution No. 90-94/Appointment of Finger Lakes Association Representative 189 05/09/94 Amend Resolution No. 123-94 Relative to the Private Industry Council's SYETP Grant 195 05/09/94 Amend Resolution No. 212/Contract with Vital Telecommunications, Inc. 239 06/13/94 Amend Resolution No. 49-94 Relative to Bids - Period 4/1/94- 3/31/94 for Steel Plate, Steel Pipe, Gabion Baskets and Ship Steel 252 06/13/94 Amend Resolution No. 186-5/9/94 - Transfer of Funds for Computer Software 258 06/13/94 Create and Fill Position of County Auditor - County Law S.600 - As Amended 279 07/11/94 Authorize Transfer of Funds and Payment to Stanley Clark as Director of Veterans Services - As Amended 287 07/11/94 ---PAGE BREAK--- Authorize Public Health Office to Create and Fill a Clerk Position on Temporary Basis - As Amended 364 09/12/94 Amend Resolution Establishing 1994 Budget Account - Office for the Aging 374 09/12/94 Amend Resolution No. 305-94/Budget Amendments Bureau 376 09/12/94 Amend Resolution No. 360-94 Relative to Contracting for Development of Jail Policies/Procedures 411 10/11/94 Amend Resolution for Establishing Revised 1994 Budget Accounts - OFA 442 11/14/94 Amend Resolution No. 550-94 - Schuyler ARC - Mental Health 450 11/14/94 Alteration of Tentative Budget Pursuant to County Law Section 360 - Cooperative Extension - As Amended 543 12/12/94 WITHDRAWN Authorize County Highway Superintendent to Advertise for Bids for Highway Alarm System and Lighting Protection 02/14/94 Appointments - Planning Commission and EMC 05/09/94 Authorize Lease Purchase for Radio System 09/19/94 A Resolution Authorizing the Purchase and/or Installation of Fire, Police and Emergency Management Communication/Transmission Equipment for the County of Schuyler, New York, at a Maximum Estimated Cost of $232,000, and Authorizing the Issuance of ---PAGE BREAK--- $232,000 Serial Bonds of Said County to Pay the Cost Thereof 09/30/94 Authorize Purchase Agreement with Motorola, Inc. for Digital Microwave System 09/30/94 Urging the New York State Legislature to Amend the Freedom of Information Law 10/11/94 TABLED Support Changes in New York Penal and Criminal Procedures - Tabled 171 04/11/94 Authorize Maintenance Agreement for Generators - Emergency Management - Tabled 460 11/14/94 ---PAGE BREAK--- COPIES OF THE SCHUYLER COUNTY TREASURER'S ANNUAL FINANCIAL REPORT AND ALL OTHER ---PAGE BREAK--- ANNUAL REPORTS ARE AVAILABLE FOR REVIEW AT THE SCHUYLER COUNTY LEGISLATIVE OFFICE ---PAGE BREAK---