Document Schuylercountyny_doc_f96e989d70

PROCEEDINGS OF THE COUNTY LEGISLATURE OF THE COUNTY OF SCHUYLER FOR THE YEAR 2005 MEMBERS OF THE LEGISLATURE DISTRICT SHARON S. BINGELL DENNIS A. FAGAN DISTRICT THOMAS M. GIFFORD MICHAEL A. YUHASZ DARYL L. SLUSSER DISTRICT DORIS L. KARIUS DELMAR F. BLEILER GLENN R. LARISON OFFICERS THOMAS M. GIFFORD GAIL M. HUGHEY DEPUTY STACY B. HUSTED COUNTY JAMES P. COLEMAN ---PAGE BREAK--- PROCEEDINGS OF THE COUNTY LEGISLATURE OF THE COUNTY OF SCHUYLER FOR THE YEAR 2005 CHAIRMAN AND CLERK'S CERTIFICATE STATE OF NEW YORK ) COUNTY OF SCHUYLER ) We, Thomas M. Gifford, Chairman, and Gail M. Hughey, Clerk of the Schuyler County Legislature, each for ourself, do hereby certify that this printed volume is a true record of the acts and proceedings of the Legislature of the County of Schuyler, State of New York, for the year 2005, pursuant to Section 211 of the County Law. THOMAS M. GIFFORD Chairman, Schuyler County Legislature GAIL M. HUGHEY Clerk, Schuyler County Legislature ---PAGE BREAK--- ---PAGE BREAK--- DEDICATIONS 2005 PROCEEDINGS OF THE SCHUYLER COUNTY LEGISLATURE Michael Maloney Mike began his employment with the County in 1968 as a Deputy Sheriff. He was promoted to the position of Undersheriff in 1970 and in 1973 was sworn in as the youngest NYS Sheriff, a title in which he held for the past thirty one years until his retirement November 30, 2005. Mike’s commitment to his work has been illustrated in many ways, from being the Coordinator of Police Training for Schuyler, Chemung and Steuben Counties for over twenty-five years. In 1983 he helped implement the K-9 Unit, and began the Stop DWI Program. He was instrumental in beginning the Drug Awareness Resistance Education (DARE) Program in Schuyler County School Districts, along with establishing a Drug Free School Zone. Notably, in 1992 Mike was the recipient of the James Riesbeck Memorial Award given by Corning, Inc. to Law Enforcement Professional of the Year. Also to be noted, without Mike promising and implementing a safe environment at the race track, WGI may not be what it is today. Mike has been a member of a number of committees in the county and has developed a well-known reputation with police agencies as being reliable to those utilizing the services of the Sheriff’s Department. Mike’s friendship to everyone and willingness to listen to anyone with a problem, is going to be sorely missed by everyone in the County. ---PAGE BREAK--- TABLE OF CONTENTS Resolutions – 2005 (Numerical, By REGULAR AND SPECIAL MEETINGS: Organizational Meeting January Regular Meeting January Regular Meeting February Special Meeting February Special Meeting March Regular Meeting March Regular Meeting April . Regular Meeting May Special Meeting June Regular Meeting June Regular Meeting July Regular Meeting August Special Meeting September Regular Meeting September Special Meeting Special Meeting Regular Meeting Special Meeting Regular Meeting Year End Meeting December Annual Budget Summary of 2006, County of Schuyler………..……………………191 Annual Budget Summary of 2005, County of Schuyler Mortgage Tax Distribution: October 1, 2004 through March 31, 2005 April 1, 2005 through September 30, 2005 ---PAGE BREAK--- RESOLUTION BY NUMBER – 2005 I RESOLUTIONS BY NUMBER – 2005 ORGANIZATIONAL MEETING JANUARY 5, 2005 1. CLOSE NOMINATIONS - 2005 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE 2. APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2005 - FAILED 3. APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2005 4. "CONTINUITY OF LOCAL GOVERNMENT" FOR 2005 5. DESIGNATION OF LEGAL COUNTY NEWSPAPER 6. DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS 7. CONFORM TO "RULES OF PROCEDURE" 8. APPOINTMENT - CHIEF VOTING MACHINE CUSTODIAN 9. APPOINTMENT - CHIEF CORONER FOR 2005 10. APPOINTMENT – COUNTY HISTORIAN 11. SCHEDULE OF SALARIES FOR 2005 W/D. APPOINTMENT - BUDGET OFFICER FOR 2005 - WITHDRAWN 12. ACKNOWLEDGE APPOINTMENT AND SET SALARY – BOARD OF ELECTIONS 13A. MOTION TO TABLE RESOLUTION NO. 13 – FAILED 13B. MOTION TO AMEND RESOLUTION NO. 13 13C. MOTION TO AMEND RESOLUTION NO. 13 – FAILED 13D. MOTION TO TABLE RESOLUTION NO. 13 – FAILED 13E. MOTION TO AMEND RESOLUTION NO. 13 – FAILED 13F. MOTION TO TABLE RESOLUTION NO. 13 – FAILED 13. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2004/LOCAL LAW NO. OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 3% - AS AMENDED – RESCINDED BY RESOLUTION NO. 81-05 REGULAR MEETING JANUARY 10, 2005 W/D.APPROVE MINUTES OF THE DECEMBER 28, 2004 YEAR END MEETING AND THE JANUARY 3, 2005 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE - WITHDRAWN 14. AUTHORIZE OUT OF STATE TRAVEL – PUBLIC HEALTH 15. AMEND 2004–05 BIOTERRORISM GRANT BUDGET – PUBLIC HEALTH 16. AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY EMERGENCY MANAGEMENT OFFICE – PUBLIC HEALTH 17. AUTHORIZE AGREEMENT WITH CORNELL COOPERATIVE EXTENSION – PUBLIC HEALTH 18. AUTHORIZE CONTRACT RENEWAL WITH KELLY FITCH, RN, FOR NURSING SERVICES FOR 2005 – PUBLIC HEALTH ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 19. AUTHORIZE CONTRACT RENEWAL WITH MILLER ASSOCIATES FOR THERAPY SERVICES – PUBLIC HEALTH 20. AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER HOSPITAL FOR THERAPY SERVICES – PUBLIC HEALTH 21. AUTHORIZE CONTRACT RENEWAL WITH STAFKINGS FOR HOME HEALTH SERVICES – PUBLIC HEALTH 22. RENEW AGREEMENT WITH STAFCARE FOR HOME HEALTH SERVICES – PUBLIC HEALTH 23. AUTHORIZE CONTRACT RENEWAL WITH FINGER LAKES PARENT NETWORK, INC. FOR 2005 – MENTAL HEALTH 24. AUTHORIZATION TO CONTRACT WITH THE ARC OF SCHUYLER COUNTY FOR MEDICAL TRANSPORTATION SERVICES – SOCIAL SERVICES 25. AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS AND SURVEYORS FOR ARCHITECTUAL DRAWING FOR THE DISTIRICT ATTORNEY’S OFFICE – BUILDINGS AND GROUNDS 26. AUTHORIZE CONTRACT EXTENSION WITH DISSEN & JUHN CORPORATION FOR COMPLETION OF THE BREAKWATER REPAIR PROJECT – BUILDINGS AND GROUNDS 27. SET POLICY FOR FACILITIES AND GROUNDS CAPITAL RESERVE – AS AMENDED BY RESOLUTION NO. 342-05 28. AUTHORIZE ADDITIONAL FUNDING FOR THE FACILITIES AND GROUNDS CAPITAL RESERVE ACCOUNT FOR 2005 – BUILDINGS AND GROUNDS 29. SET POLICY FOR VOICE AND DATA COMMUNICATIONS EQUIPMENT CAPITAL RESERVE 30. AUTHORIZE BID PROCESS AND CONTRACT FOR REPLACEMENT OF COURT ROOM LIGHTS – BUILDINGS AND GROUNDS – AS AMENDED BY RESOLUTION NO. 56-05 31. AUTHORIZE CONTRACT WITH BARTON & LOGUIDICE FOR ENGINEERING DESIGN FOR COUNTY ROUTE 5 FEDERAL AID BRIDGE REPLACEMENT PROJECT – HIGHWAY DEPARTMENT 32. AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR THE HIGHWAY DEPARTMENT FOR 2005 33. AUTHORIZE FILLING VACANT FULL-TIME CORRECTION OFFICER POSITION – SHERIFF’S DEPARTMENT 34. AUTHORIZE FILLING THREE VACANT PART-TIME CORRECTION OFFICER POSITIONS – SHERIFF’S DEPARTMENT 35. DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO EXCEED $1,000 36. APPOINTMENT – INTERIM BUDGET OFFICER FOR 2005 37. MOTION TO BRING FOUR RESOLUTIONS TO THE FLOOR 38. RESOLUTION TO APPROVE APPLICATIONS FOR CORRECTED TAX ROLL – REAL PROPERTY TAX AGENCY ---PAGE BREAK--- RESOLUTION BY NUMBER – 2005 I 39. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF CATHARINE 40. AUTHORIZE FILLING VACANT SENIOR DATA ENTRY OPERATOR POSITION IN SOCIAL SERVICES 41. AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE CSEA ADMINISTRATIVE UNIT FOR CURRENT NURSING POSITIONS REGULAR MEETING FEBRUARY 14, 2005 42. APPROVE MINUTES OF THE DECEMBER 28, 2004 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE 43. AUTHORIZE GRANT APPLICATIONS FOR STATE HOMELAND SECURITY PROGRAM – EMERGENCY MANAGEMENT –AND- LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM – SHERIFF 44. AUTHORIZE APPLICATION FOR BYRNE NARCOTICS GRANT – SHERIFF’S DEPARTMENT 45. AUTHORIZE FILLING VACANT A MEAL DELIVERER POSITION AND VACANT ON-CALL MEAL DELIVERER POSITION – OFFICE FOR THE AGING 46. AUTHORIZE PURCHASE AND SERVICE AGREEMENT WITH SYNERGY - OFFICE FOR THE AGING 47. AUTHORIZE CONTRACT RENEWAL WITH FINGER LAKES ADDICTION COUNSELING AND REFERRAL AGENCY (FLACRA) FOR 2005 – SOCIAL SERVICE 48. AUTHORIZE CONTRACT RENEWAL WITH CATHOLIC CHARITIES FOR WATKINS GLEN YOUTH CENTER FOR 2005 – SOCIAL SERVICES 49. AUTHORIZE INCREASE IN FAMILY FOSTER CARE RATES – SOCIAL SERVICES 50. AMEND THE ADOPTED 2005 SALARY SCHEDULE 51. AUTHORIZE CREATION OF RESERVE FUND FOR CENTRAL GARAGE VEHICLES AND APPROPRIATE FUND BALANCE 52. ACCEPT PROPOSAL FROM HUNT ENGINEERS FOR COUNTY ROUTE 16 BRIDGE REPLACEMENT DESIGN – HIGHWAY DEPARTMENT 53. AUTHORIZE ADVERTISEMENT FOR EQUIPMENT – HIGHWAY DEPARTMENT 54. AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS AND SURVEYORS FOR SENECA HARBOR PARK PHASE III PROJECT – BUILDINGS AND GROUNDS 55. AUTHORIZE SEASONAL RATES FOR MARINA – BUILDINGS AND GROUNDS 56. AMEND RESOLUTION NO. 30-05 AND AMEND 2005 BUDGET – BUILDINGS AND GROUNDS 57. AUTHORIZE PAYMENT OF SUBCONTRACTORS FOR DISTRICT ATTORNEY’S CAPITAL PROJECT - BUILDINGS & GROUNDS ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 58. AUTHORIZE FILLING VACANT NURSE POSITION - COMMUNITY SERVICES 59. AUTHORIZE ADVERTISING AND FILLING OF ASSISTANT WATERSHED INSPECTOR POSITION - PUBLIC HEALTH 60. RECOGNIZE MARCH AS NATIONAL NUTRITION MONTH® 2005 - PUBLIC HEALTH 61. AUTHORIZE CONTRACT RENEWAL WITH INTEGRITY NETWORKING SYSTEMS, INC. FOR COMPUTER SERVICES FOR 2005 – HEALTH SERVICES 62. AUTHORIZE CONTRACT RENEWAL WITH HEALTH CARE COMPLIANCE ENTERPRISE, LLC FOR CONSULTATION SERVICES FOR 2005 – COMMUNITY SERVICES 63. AUTHORIZE RENEWAL AGREEMENT WITH GLOBALSTAR USA, LLC FOR SATELLITE PHONE SERVICE FOR 2005 – PUBLIC HEALTH 64. AUTHORIZE APPLICATION FOR A MINI GRANT FROM THE NATIONAL YOUTH COURT CENTER FOR NATIONAL YOUTH SERVICE DAY-APRIL 15-17, 2005 – YOUTH BUREAU 65. INCREASE THE REASONABLE AND NECESSARY ALLOWANCE FOR MORTGAGE TAX “HIRE OF CLERKS” EXPENSES – COUNTY CLERK 66. ONE-YEAR APPOINTMENTS – AMENDED BY RESOLUTION NO. 310- 05 67. TWO-YEAR APPOINTMENTS 68. THREE-YEAR APPOINTMENTS 69. FOUR-YEAR APPOINTMENTS 70. LOCAL LAW INTRO. NO.1/LOCAL LAW NO. OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) 71. RESOLUTION ADVOCATING CERTIFICATION OF HAVA-COMPLIANT VOTING MACHINES AND RELATED ELECTION LAW IMPROVEMENTS 72. AUTHORIZE LETTER AGREEMENT BETWEEN THE COUNTY OF SCHUYLER AND THE WATKINS MONTOUR ROTARY CLUB, INC 73. ACCEPT BID FOR PROPERTY TAKEN BY TAX DEED – TAX MAP #44.19- 1-29 -VILLAGE OF BURDETT 74. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION ALLOWING SCHUYLER COUNTY TO ACCEPT AN IN-KIND REPLACEMENT OF LAND WITHIN SENECA HARBOR PARK – AS AMENDED 75. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 2005 SETTING THE SALARY FOR THE BUDGET OFFICER 76. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF HECTOR 77. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOSTANOSKI & EDDY, TOWN OF DIX ---PAGE BREAK--- RESOLUTION BY NUMBER – 2005 I 78. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – BEAVER DAMS UNITED METHODIST CHURCH, TOWN OF DIX 79. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – HARDICK, TOWN OF TYRONE 80. AUTHORIZE TRANSFER OF FUNDS FOR PURCHASE OF PRINTER – TREASURER’S OFFICE 81. MOTION TO RESCIND RESOLUTION NO. 13-05 TITLED “LOCAL LAW INTRO. NO. 5 OF THE YEAR 2004/LOCAL LAW NO. OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 3% - AS AMENDED” 82A. MOTION TO AMEND RESOLUTION NO. 82 82B. MOTION TO TABLE RESOLUTION NO. 82 – FAILED 82. LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 4% - AS AMENDED 83. MOTION TO BRING FOUR RESOLUTIONS TO THE FLOOR 84.AUTHORIZE AMENDMENT TO LEASE AGREEMENT WITH SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY (SCIDA) 85.APPOINTMENT – CHAMBER OF COMMERCE BOARD OF DIRECTORS 86. AUTHORIZE FILLING VACANT TYPIST/KEYBOARD SPECIALIST POSITION IN SOCIAL SERVICES 87. AUTHORIZE AGREEMENT WITH ADVANTAGE ENERGY, INC. FOR ELECTRICITY – BUILDINGS AND GROUNDS SPECIAL MEETING FEBRUARY 28, 2005 88. RATIFICATION OF SPECIAL MEETING W/D LOCAL LAW INTRO. NO.1/LOCAL LAW NO. OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) - WITHDRAWN 89. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 2005 SETTING THE SALARY FOR THE BUDGET OFFICER 90. AUTHORIZE FILLING HUMAN RESOURCES CLERK POSITION SPECIAL MEETING MARCH 9, 2005 91. RATIFICATION OF SPECIAL MEETING 92. AUTHORIZE APPOINTMENT – SCHUYLER COUNTY ADMINISTRATOR REGULAR MEETING MARCH 14, 2005 ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 93. AUTHORIZE FILLING TWO VACANT PART-TIME DEPUTY SHERIFF POSITIONS – SHERIFF’S DEPARTMENT 94. AUTHORIZE GRANT APPLICATION FOR THE EMERGENCY MANAGEMENT PERFORMANCE GRANT – EMERGENCY MANAGEMENT 95. AUTHORIZE AGREEMENT WITH TECHNOLOGY SOLUTIONS, INC. FOR CHILD CARE IMAGING AND BILL PROCESSING – SOCIAL SERVICES 96. AMEND RESOLUTION NO. 176-04 TO CHANGE THE TITLE OF BENEFITS MANAGER/DEPUTY HUMAN RESOURCES MANAGER TO HUMAN RESOURCES ADMINISTRATOR – BENEFITS MANAGER W/D AUTHORIZE CORRECTION FOR INSURANCE BUY-OUT OFFER FOR 2004 - WITHDRAWN 97. AUTHORIZE CONTRACT EXTENSION WITH THE OFFICE OF NEW YORK STATE PARKS, RECREATION AND HISTORICAL PRESERVATION – BUILDINGS & GROUNDS 98. AUTHORIZE ADVERTISEMENT FOR QUOTES ON WATER SUPPLY CHANGES IN THE COURTHOUSE COMPLEX - BUILDINGS AND GROUNS 99. ACCEPT/REJECT BIDS FOR ASPHALT EMULSIONS – HIGHWAY DEPARTMENT 100. ACCEPT/REJECT BIDS FOR BITUMINOUS CONCRETE ASPHALT – HIGHWAY DEPARTMENT 101. ACCEPT/REJECT BIDS FOR COLD MIX STOCK PILE PATCHING MATERIAL – HIGHWAY DEPARTMENT 102. ACCEPT/REJECT BIDS FOR GALVANIZED PIPE, FLARED END SECTIONS – HIGHWAY DEPARTMENT 103. ACCEPT/REJECT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SAND & SELECT GRANULAR FILL – HIGHWAY DEPARTMENT 104. ACCEPT/REJECT BIDS FOR GUIDERAIL – HIGHWAY DEPARTMENT 105. ACCEPT/REJECT BIDS FOR ICE CONTROL SAND – HIGHWAY DEPARTMENT 106. ACCEPT/REJECT BIDS FOR CRUSHED STONE (LIMESTONE) CRUSHED GRAVEL – HIGHWAY DEPARTMENT 107. ACCEPT/REJECT BIDS FOR PAVEMENT MARKINGS – HIGHWAY DEPARTMENT 108. ACCEPT/REJECT BIDS FOR READY MIX CONCRETE, CONCRETE RETAINING WALL BLOCKS – HIGHWAY DEPARTMENT 109. ACCEPT/REJECT BIDS FOR SIGNS, SIGN POSTS, EXTENSIONS AND SIGN BLANKS – HIGHWAY DEPARTMENT 110. ACCEPT/REJECT BIDS FOR STEEL PIPE, POLYETHYLENE PIPE, GABION BASKETS, STEEL PLATE & SHOP STEEL – HIGHWAY DEPARTMENT 111. ACCEPT/REJECT BIDS FOR TREE REMOVAL – HIGHWAY DEPARTMENT ---PAGE BREAK--- RESOLUTION BY NUMBER – 2005 I 112. ACCEPT BID FOR ONE SHOULDER WIDENER – HIGHWAY DEPARTMENT 113. ACCEPT BID FOR ONE FOUR WHEEL DRIVE LOADER – HIGHWAY DEPARTMENT 114. RESOLUTION URGING INCREASED FUNDING TO THE CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPS) – HIGHWAY DEPARTMENT 115. RESOLUTION URGING THE INCREASE IN CRITICAL MARCHISELLI HIGHWAY AND BRIDGE FUNDING 116. AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF COUNTY ROUTE 6 BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT 117. AUTHORIZE ADVERTISEMENT AND FILLING OF ONE AUTOMOTIVE MECHANIC, ONE HEAVY EQUIPMENT OPERATOR AND THREE TEMPORARY LABORERS – HIGHWAY DEPARTMENT 118. AUTHORIZE CREATION OF AND APPOINTMENTS TO THE IMPLEMENTATION SUBCOMMITTEE FOR THE SCHUYLER COUNTY COMPREHENSIVE PLAN 119. RECOGNIZE WEEK OF APRIL 17, 2005 THROUGH APRIL 23, 2005 AS “NATIONAL VOLUNTEER WEEK” 120. AMEND AGREEMENT WITH FLACRA AND AMEND 2005 BUDGET- COMMUNITY SERVICES 121. AUTHORIZE CONTRACT RENEWAL WITH THE ARC OF SCHUYLER COUNTY, INC. FOR 2005 AND AMEND 2005 BUDGET – COMMUNITY SERVICES 122. AUTHORIZE ADDENDUM TO AGREEMENT WITH HEALTH CARE COMPLIANCE ENTERPRISE, LLC FOR CONSULTATION SERVICES FOR 2005 – COMMUNITY SERVICES 123. RECOGNIZE APRIL AS NATIONAL CHILD ABUSE PREVENTION MONTH - PUBLIC HEALTH 124. RECOGNIZE APRIL 7, 2005 AS NATIONAL ALCOHOL SCREENING DAY - COMMUNITY SERVICES 125. AUTHORIZE APPOINTMENTS TO THE COMMUNITY HOME CARE PROFESSIONAL ADVISORY COMMITTEE - PUBLIC HEALTH 126. AUTHORIZE ADDENDUM TO AGREEMENT WITH 3M HOME CARE MANAGEMENT SYSTEM – PUBLIC HEALTH 127. AUTHORIZE CONTRACT RENEWAL WITH FAMILY SERVICE SOCIETY INC. FOR SPECIALIZED TREATMENT SERVICES AND TRAINING - COMMUNITY SERVICES 128. AUTHORIZE APPLICATION FOR A COMPREHENSIVE APPROACHES TO SEX OFFENDER MANAGEMENT GRANT – COMMUNITY SERVICES 129. ESTABLISH 2005-2006 IMMUNIZATION GRANT – PUBLIC HEALTH 130. ESTABLISH 2005-2006 LEAD GRANT – PUBLIC HEALTH 131A. MOTION TO AMEND RESOLUTION NO. ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 131. AUTHORIZE ADVERTISEMENT FOR BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT – AS AMENDED 132. AUTHORIZE FILLING VACANT PART-TIME CLEANER VACANCY – BUILDINGS AND GROUNDS 133. AMEND 2004 –05 LEAD GRANT BUDGET – PUBLIC HEALTH 134. RESOLUTION OPPOSING PROPOSED FEDERAL BUDGET CUTS TO THE UNITED STATES DEPARTMENT OF AGRICULTURE’S (USDA’s) RESOURCE CONSERVATION AND DEVELOPMENT (RC&D) PROGRAM 135. AMEND RESOLUTION NO. 68-04 AND RESOLUTION NO. 31-05 CHANGING THE AMOUNT OF THE COUNTY ROUTE 5 PROJECT – HIGHWAY DEPARTMENT 136. ACCEPT PROPOSAL FROM CLAY RIDGE TRUCKING FOR THE 2005 USED TIRE COLLECTION DAY 137. AUTHORIZE INCREASE IN CORNING COMMUNITY COLLEGE CAPITAL CHARGEBACK REGULAR MEETING APRIL 11, 2005 138. APPROVE MINUTES OF THE JANUARY 3, 2005 ORGANIZATIONAL MEETING, THE JANUARY 10, 2005 REGULAR MEETING, THE FEBRUARY 14, 2005 REGULAR MEETING, THE FEBRUARY 28, 2005 SPECIAL MEETING AND THE MARCH 9, 2005 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 139. RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT-IN-AID FOR A MUNICIPAL WASTE REDUCTION AND/OR RECYCLING PROJECT AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE FOR THE YEARS 2006-2008 140. LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 2 OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 4% - AS AMENDED 141. AUTHORIZATION FOR GEORGE ROETS TO TRAVEL TO OHIO APRIL 12 - 16, 2005 - HEALTH SERVICES 142. AUTHORIZE ADVERTISING AND FILLING OF STAFF SOCIAL WORKER POSITION - COMMUNITY SERVICES 143. AUTHORIZE AGREEMENT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR A NEW YORK STATE LOCAL LAW ENFORCEMENT BLOCK GRANT - DISTRICT ATTORNEY 144. RESOLUTION TO ADOPT A NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE COUNTY STANDARD FOR INCIDENT MANAGEMENT – EMERGENCY MANAGEMENT 145. AUTHORIZE FILLING VACANT FULL-TIME DEPUTY SHERIFF POSITION – SHERIFF’S DEPARTMENT ---PAGE BREAK--- RESOLUTION BY NUMBER – 2005 I 146. AUTHORIZE WAIVER OF ENVIRONMENTAL INSURANCE COVERAGE FOR JEFF’S SEPTIC – SHERIFF’S DEPARTMENT 147. AUTHORIZE INCREASE IN DOG ADOPTION FEES – SHERIFF’S DEPARTMENT 148. AUTHORIZATION TO FILL A VACANT CHILDREN’S SERVICES CASEWORKER POSITION IN SOCIAL SERVICES 149. AUTHORIZE GRANT APPLICATION FOR SCHUYLER COUNTY UNITED WAY– YOUTH BUREAU 150. AUTHORIZE GRANT APPLICATION FOR WEYERHAEUSER CHILDREN’S INITIATIVE– YOUTH BUREAU 151. AUTHORIZE YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM AND CREATION OF A SUMMER YOUTH EMPLOYMENT SUPERVISOR POSITION - YOUTH BUREAU 152. AUTHORIZE TRANSFER OF FUNDS FOR BUDGET OFFICER SALARY – RESCINDED BY RESOLUTION NO. 223-05. 153. AUTHORIZE AGREEMENT WITH NATIONAL RISK SERVICES, INC. – HUMAN RESOURCES 154. AUTHORIZE INFORMATION TECHNOLOGY CONTRACTOR TO ATTEND COUNTY-RELATED TRAINING/CONFERENCES FOR 2005 155. ACCEPT/REJECT BIDS AND AUTHORIZE AGREEMENT FOR WATER SUPPLY CROSS CONNECTION AND RE-PIPING – BUILDINGS AND GROUNDS 156. AUTHORIZE AGREEMENT WITH LAMBERT’S ASBESTOS REMOVAL SERVICES, INC. – BUILDINGS AND GROUNDS 157. AUTHORIZE AGREEMENT WITH CPE INTERLINK FOR INSTALLATION OF FIRE ALARM SYSTEM – BUILDINGS AND GROUNDS 158. ACCEPT BID FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT 159. APPROVE APPLICATION FOR CORRECTION OF REAL PROPERTY TAXES – PARRISH 160. AUTHORIZE AGREEMENT WITH STEUBEN COUNTY FOR BOARDING OF PRISONERS – SHERIFF’S DEPARTMENT 161. AUTHORIZE AGREEMENT WITH CATHOLIC CHARITIES, SCHUYLER OUTREACH FOR EMERGENCY SERVICES – SOCIAL SERVICES 162A. MOTION TO AMEND RESOLUTION NO. 162 162. AUTHORIZE TRANSFER OF FUNDS – HUMAN RESOURCES – AS AMENDED 163. AUTHORIZE FILLING VACANT NURSE POSITION - COMMUNITY SERVICES 164. MOTION TO BRING FOUR RESOLUTIONS TO THE FLOOR 165. APPOINTMENT – SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 166. AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR RE- EVALUATION OF THE RURAL URBAN CENTER BUILDING – BUILDINGS AND GROUNDS 167. AUTHORIZE CHAIRMAN TO SIGN A LETTER SUPPORTING THE FACILITATION AND COORDINATION OF TRANSPORTATION PLANNING 168. AUTHORIZE FILLING VACANT PART-TIME DISPATCHER POSITION – SHERIFF’S DEPARTMENT REGULAR MEETING MAY 9, 2005 169. RECOGNIZE THE WEEK OF MAY 7-15, 2005 AS SEE AMERICA WEEK/ NATIONAL TOURISM WEEK 170. PROCLAIM THE MONTH OF MAY 2005 AS COMMUNITY ACTION MONTH 171. SET PUBLIC HEARING ON THE INCLUSION OF ADDITIONAL LANDS IN SCHUYLER COUNTY AGRICULTURAL DISTRICTS 172. RECOGNIZE MAY AS MENTAL HEALTH MONTH - COMMUNITY SERVICES 173. AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM JULY 1, 2005 – JUNE 30, 2006 – HEALTH SERVICES 174. AUTHORIZE APPOINTMENT TO THE ALCOHOL AND SUBSTANCE ABUSE SUBCOMMITTEE - COMMUNITY SERVICES 175. AUTHORIZE 2005 CONTRACT RENEWAL WITH MEDWISDOM FOR SOFTWARE MAINTENANCE – COMMUNITY SERVICES 176. AMEND THE 2005 COUNTY BUDGET FOR MEDICAID FUNDING – COMMUNITY SERVICES 177. DECLARE LAPTOP SURPLUS AND TRANSFER TO THE MONTEREY VOLUNTEER FIRE DEPARTMENT – SHERIFF’S DEPARTMENT 178. RESOLUTION SUPPORTING THE NEW YORK STATE LEGISLATURE IN PASSING ASSEMBLY BILL NO. A.03245 AND SENATE BILL NO. S.02842 AUTHORIZING COUNTIES TO IMPOSE FEES ON PROBATIONARY CLIENTS FOR THE ACTUAL COST OF DRUG TESTS 179. AMEND 2005 BUDGET FOR INDIGENT REVENUES - PUBLIC DEFENDER 180. RESOLUTION SUPPORTING STATE FUNDING AND INDEPENDENT OVERSIGHT OF PUBLIC DEFENSE FUNCTIONS – PUBLIC DEFENDER – FAILED 181. AUTHORIZE AMENDMENT TO THE CONTRACT WITH STANLEY CLARK FOR OFFICE COVERAGE – VETERANS SERVICE AGENCY 182. AUTHORIZE FILLING VACANT MEAL DELIVERER POSITION – OFFICE FOR THE AGING ---PAGE BREAK--- RESOLUTION BY NUMBER – 2005 I 183. DECLARE EQUIPMENT SURPLUS - VARIOUS DEPARTMENTS – AMENDED BY RESOLUTION NO. 226-05 184. AUTHORIZE AMENDMENT TO THE AGREEMENT WITH HARTER, SECREST & EMERY FOR LABOR COUNSEL SERVICES – HUMAN RESOURCES 185. LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. OF THE YEAR 2005 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS 186. AUTHORIZE TRANSFER OF FUNDS TO PAY SUNY BINGHAMTON – LEGISLATURE 187. AUTHORIZE TRANSFER OF FUNDS TO PAY ITALIAN/AMERICAN FESTIVAL COMMITTEE FOR SESQUICENTENNIAL EVENT 188. AUTHORIZE FILLING VACANT SR. ACCOUNT CLERK TYPIST POSITION – TREASURER’S OFFICE – RESCINDED BY RESOLUTION NO. 229-05 W/D RESOLUTION TO DECLARE EQUIPMENT SURPLUS – REAL PROPERTY TAX SERVICE - WITHDRAWN 189. ADOPT INSURANCE STANDARDS WAIVER POLICY 190. AMEND RESOLUTION NO. 106-05 TO INCLUDE KNIGHT SETTLEMENT AS A BID EXTENSION – HIGHWAY DEPARTMENT 191. AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREOF – HIGHWAY DEPARTMENT 192. AUTHORIZE CONSIGNMENT CONTRACTS FOR COUNTY AUCTION OF SURPLUS VEHICLES – HIGHWAY DEPARTMENT 193. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS ASSEMBLY BILL A.6556 AND SENATE BILL S.3415 TO AUTHORIZE SCHUYLER COUNTY TO DISCONTINUE THE USE OF AND CONVEY CERTAIN PARK LANDS TO THE KROG CORPORATION IN EXCHANGE FOR ADDITIONAL PARKLANDS 194. AUTHORIZE ADVERTISING FOR SENECA HARBOR PARK PHASE III PROJECT BIDS – SENECA HARBOR PARK 195. AUTHORIZE PAYMENT FOR NEW HANDRAILS TO THE SECOND FLOOR OF THE DISTRICT ATTORNEY’S OFFICE – BUILDINGS AND GROUNDS 196. AUTHORIZE GRANT APPLICATION FOR PURCHASE OF LAND AND IMPROVEMENTS RELATIVE TO THE CATHARINE VALLEY TRAIL – BUILDINGS AND GROUNDS 197. AUTHORIZE CREATION AND FILLING OF ONE TEMPORARY LABORER POSITION –HIGHWAY DEPARTMENT 198. AUTHORIZE MEMORANDUM OF AGREEMENT FOR SHERIFF’S DEPARTMENT 199. RECOGNIZE MAY 6-12, 2005 AS NATIONAL NURSES WEEK 200. ADOPT INFORMATION SECURITY AND COMPUTING POLICIES ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 201. AUTHORIZE GRANT APPLICATION FOR BYRNE GRANT FUNDS FOR THE PURCHASE OF SOFTWARE AND EQUIPMENT – PROBATION DEPARTMENT 202. MOTION TO BRING ONE RESOLUTION TO THE FLOOR 203. RECOGNIZE THE WEEK OF MAY 15-21, 2005 AS EMERGENCY MEDICAL SERVICES WEEK SPECIAL MEETING JUNE 5, 2005 204. RATIFICATION OF SPECIAL MEETING 205. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO RENEW THE ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW 206. RESOLUTION REQUESTING STATE LEGISLATION TO AMEND RESIDENCY REQUIREMENTS FOR DEPUTY SHERIFF POSITIONS 207A. MOTION TO AMEND RESOLUTION NO. 207 207. RESOLUTION SUPPORTING THE NEW YORK STATE LEGISLATURE IN PASSING ASSEMBLY BILL NO. A.7379 AND SENATE BILL NO. S.1490 AUTHORIZING LIMITED DIRECT INTERSTATE SHIPMENT OF WINE – AS AMENDED REGULAR MEETING JUNE 13, 2005 208. APPROVE MINUTES OF THE MARCH 14, 2005 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 209. AUTHORIZE AGREEMENT WITH STEPHEN J.A. MAYBEE, P.E., FOR ENGINEERING SERVICES AND AMEND 2005 BUDGET – PUBLIC HEALTH 210. AUTHORIZE CONTRACT RENEWAL WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT FOR TRANSPORTATION SERVICES FOR 2005 -2006 – COMMUNITY SERVICES 211. AUTHORIZE CONTRACT RENEWAL WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT FOR COORDINATOR OF SCHOOL SUPPORT SERVICES FOR 2005-2006 – COMMUNITY SERVICES 212. RENEW CONTRACT WITH THE UNIVERSITY OF ROCHESTER FOR THE RENTAL OF TELEMONITORING EQUIPMENT – PUBLIC HEALTH 213. ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES – PUBLIC HEALTH 214. APPOINTMENT TO LOCAL CONDITIONAL RELEASE COMMISSION – PROBATION DEPARTMENT ---PAGE BREAK--- RESOLUTION BY NUMBER – 2005 I 215. DESIGNATE LEAD AGENCY FOR PINS DIVERSION CHANGES IN COMPLIANCE WITH NEW YORK STATE LEGISLATION 216. AUTHORIZE THE ELMINATION OF ONE FULL-TIME DISPATCHER POSITION AND THE CREATION OF ONE FULL-TIME CORRECTIONS OFFICER POSITION – SHERIFF’S DEPARTMENT 217. AUTHORIZE GRANT APPLICATION AND AGREEMENT WITH GOVERNOR’S TRAFFIC SAFETY COMMITTEE FOR TRAFFIC ENFORCEMENT AND BUCKLE-UP NEW YORK FUNDING – SHERIFF’S DEPARTMENT 218. AUTHORIZE AGREEMENT WITH YATES COUNTY FOR BOARDING OF PRISONERS – SHERIFF’S DEPARTMENT 219. AUTHORIZE FILLING VACANT PART-TIME MEAL DELIVERER POSITION – OFFICE FOR THE AGING 220. AUTHORIZE INCREASE IN THE ADOPTION SUBSIDY RATE – SOCIAL SERVICES 221. LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR 2005 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS 222. AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW 223. RESCIND RESOLUTION NO. 152-05 TRANSFERRING FUNDS FOR BUDGET OFFICER SALARY 224. AMEND THE 2005 COUNTY ROAD FUND BUDGET – COUNTY ROAD W/D AUTHORIZE AGREEMENT WITH TOWN OF HECTOR AS LEAD AGENCY TO PARTICIPATE IN THE OPERATION OF STATES GRAVEL PIT – HIGHWAY DEPARTMENT - WITHDRAWN 225. AUTHORIZE PAYMENT FOR NEW AIR CONDITIONER FOR THE SCHUYLER COUNTY HIGHWAY OFFICE BUILDING – BUILDINGS AND GROUNDS 226. AMEND RESOLUTION NO. 183-05 TITLED “DECLARE EQUIPMENT SURPLUS - VARIOUS DEPARTMENTS” 227. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.5552 AND ASSEMBLY BILL A.8619 AUTHORIZING AN ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW 228. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.5611 AND ASSEMBLY BILL A.8614, AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN RELATION TO PROVIDING THAT THE POSITION OF DEPUTY SHERIFF OF THE COUNTY OF SCHUYLER NEED NOT BE A RESIDENT OF SUCH COUNTY 229. RESCIND RESOLUTION NO. 188-05 TITLED “AUTHORIZE FILLING VACANT SR. ACCOUNT CLERK TYPIST POSITION – TREASURER’S OFFICE” 230. AUTHORIZE CONTRACT RENEWAL WITH YOUTH BUREAU FOR NON- MANDATED PREVENTIVE SERVICES – SOCIAL SERVICES ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 231. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN RELATIVE TO FACTOR RATING FOR CONFIDENTIAL SECRETARY TO THE COUNTY ADMINISTRATOR AND AUTHORIZE CREATING AND FILLING OF THE SAME 232. MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR 233. AUTHORIZE STIPULATION AGREEMENT WITH THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) ADMINISTRATIVE UNIT 234. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS ASSEMBLY BILL A.6556A AND SENATE BILL S.3415A TO AUTHORIZE SCHUYLER COUNTY TO DISCONTINUE THE USE OF AND CONVEY CERTAIN PARK LANDS TO THE KROG CORPORATION IN EXCHANGE FOR ADDITIONAL PARKLANDS REGULAR MEETING JULY 11, 2005 235. APPROVE MINUTES OF THE APRIL 11, 2005 AND MAY 9, 2005 REGULAR MEETINGS AND JUNE 2, 2005 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 236. NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY 2006-2008 237. AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD AND THE MENTAL HEALTH SUBCOMMITTEE - COMMUNITY SERVICES 238. AUTHORIZATION TO CREATE AND FILL A PART-TIME STAFF SOCIAL WORKER POSITION - COMMUNITY SERVICES 239. ACKNOWLEDGE AUGUST AS NATIONAL IMMUNIZATION AWARENESS MONTH - PUBLIC HEALTH 240. AUTHORIZE CONTRACT WITH HEATHER L. MURLEY, DVM FOR VETERINARY SERVICES AT RABIES CLINICS - PUBLIC HEALTH 241. AUTHORIZE FILLING OF REGISTERED PROFESSIONAL NURSE POSITION - PUBLIC HEALTH 242. AUTHORIZE APPLICATION AND CONTRACT FOR 2005-2006 NYS AID TO PROSECUTION GRANT – DISTRICT ATTORNEY 243. AUTHORIZE THE CONTINUATION OF THE YOUTH PROGRAM COORDINATOR’S FULL-TIME HOURS FOR THE PERIOD JULY 1, 2005- JUNE 30, 2006 AND AMEND THE 2005 BUDGET - YOUTH BUREAU 244. AUTHORIZE FILLING VACANT CASEWORKER POSITION IN THE CHILDREN’S SERVICES UNIT – SOCIAL SERVICES 245. AUTHORIZE CONTRACT WITH JAMES E. HALPIN, P.C. FOR LEGAL SERVICES – PUBLIC DEFENDER’S OFFICE 246. AUTHORIZE ADVERTISING AND FILLING FOR PURCHASING AGENT VACANCY 247. AUTHORIZE REVISION OF COUNTY HIRING DIRECTIVE 248. AUTHORIZE TRANSFER OF FUNDS – HUMAN RESOURCES 249. AUTHORIZE AMENDMENTS TO FACTOR RATING SYSTEM OF THE ---PAGE BREAK--- RESOLUTION BY NUMBER – 2005 I MANAGEMENT/CONFIDENTIAL SALARY PLAN 250. AUTHORIZE CONTRACT WITH PERRY& CARROLL FOR BROKER SERVICES 251. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR CONFIDENTIAL SECRETARY TO THE COUNTY ADMINISTRATOR 252. AUTHORIZE MEMORANDUM OF AGREEMENT WITH ADMINISTRATIVE UNIT CSEA FOR RECLASSIFICATION STUDY 253. AUTHORIZE GRANT APPLICATIONS FROM THE INNOVATIVE BRIDGE CONSTRUCTION PROGRAM FOR CONSTRUCTION OF A CULVERT TO CONNECT LAMOKA AND WANETA LAKES – HIGHWAY DEPARTMENT 254. AUTHORIZE CREATION OF AN ADMINISTRATIVE ASSISTANT POSITION/ABOLISH SR. ACCOUNT CLERK TYPIST POSITION IN THE HIGHWAY DEPARTMENT 255. AUTHORIZE APPLICATION FOR FUNDS FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION IN ACCORDANCE WITH THE PROVISIONS OF TITLE 9 OF THE ENVIRONMENTAL PROTECTION ACT OF 1993 OR THE FEDERAL LAND AND WATER CONSERVATION FUND ACT OF 1965 256. AUTHORIZE MAINTENANCE AGREEMENT WITH INFOSEAL FOR FOLDER/SEALER – REAL PROPERTY TAX AGENCY 257. AUTHORIZE THE INCLUSION OF ADDITIONAL LANDS IN SCHUYLER COUNTY AGRICULTURAL DISTRICTS 258. AUTHORIZE CONTRACT FOR STATE GRANT/AMEND 2005 MACHINERY BUDGET AND AUTHORIZE PURCHASE OF EQUIPMENT – HIGHWAY W/D AUTHORIZE CREATION AND FILLING OF ACCOUNT CLERK TYPIST POSITION AND ABOLISH SR. ACCOUNT CLERK TYPIST POSITION - OFFICE OF THE AGING-WITHDRAWN W/D AUTHORIZE CREATION AND FILLING OF AN AGING ADVOCATE COORDINATOR POSITION - OFFICE OF THE AGING - WITHDRAWN 259. AUTHORIZE TWO RESOLUTIONS BE BROUGHT TO THE FLOOR 260. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN TO INCLUDE NEWLY CREATED TITLE OF HUMAN RESOURCES DIRECTOR AND AUTHORIZE APPOINTMENT THERETO 261. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN TO REVISE DUTIES OF CLERK TO THE LEGISLATURE AND AUTHORIZE APPOINTMENT THERETO REGULAR MEETING AUGUST, 8, 2005 262. APPROVE MINUTES OF THE JUNE 13, 2005 AND JULY 11, 2005 REGULAR MEETINGS OF THE SCHUYLER COUNTY LEGISLATURE 263. RESOLUTION IN SUPPORT OF THE HECTOR-LODI TOWN SECTION OF ROUTE 414 AS A NEW YORK STATE BYWAY DESIGNATION ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 264. AUTHORIZE AGREEMENT WITH UNITED CEREBRAL PALSY AND HANDICAPPED CHILDREN’S ASSOCIATION OF CHEMUNG COUNTY, INC. FOR 2005 - 2006 – PUBLIC HEALTH 265. AUTHORIZE AGREEMENT WITH ANDREW SEUBERT FOR CONSULTATION SERVICES FOR 2005 – COMMUNITY SERVICES 266. RECOGNIZE SEPTEMBER AS CHOLESTEROL EDUCATION MONTH - PUBLIC HEALTH 267. AUTHORIZE CONTRACT WITH SCHUYLER HEAD START – COMMUNITY SERVICES 268. AUTHORIZE AGREEMENTS WITH ONTARIO AND CHEMUNG COUNTY FOR BOARDING OF PRISONERS – SHERIFF’S DEPARTMENT – AS AMENDED PER RESOLUTION NO. 101-06 269. RESOLUTION SHOWING SUPPORT FOR CIVIL CONFINEMENT AND OTHER STATE LEGISLATION PROTECTING WOMEN AND CHILDREN FROM SEX OFFENDERS – SHERIFF’S DEPARTMENT 270. AMEND THE 2005 BUDGET FOR INMATE EXPENSES – SHERIFF’S DEPARTMENT 271. AUTHORIZE LEVEL THREE PARTNERSHIP PARTICIPATION AGREEMENT WITH THE NEW YORK STATE OFFICE FOR TECHNOLOGY FOR THE STATEWIDE WIRELESS NETWORK – EMERGENCY SERVICES 272. AUTHORIZE ADVERTISEMENT FOR BID FOR ELEVATOR REPAIR MAINTENANCE AND TESTING SERVICES - BUILDINGS AND GROUNDS 273. AUTHORIZE CREATION AND FILLING OF ACCOUNT CLERK TYPIST- KEYBOARD SPECIALIST POSITION AND ABOLISH SR. ACCOUNT CLERK POSITION - OFFICE OF THE AGING 274. AUTHORIZE CREATION AND FILLING OF AN AGING ADVOCATE COORDINATOR POSITION - OFFICE OF THE AGING 275. APPOINTMENT – SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT & D) BOARD 276. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN/AUTHORIZE CREATION AND FILLING OF ONE FULL-TIME PURCHASING SPECIALIST POSITION – TREASURER’S OFFICE 277. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY CLERK TO THE LEGISLATURE 278. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES 279. AUTHORIZE TRANSFER OF FUNDS TO PURCHASE COMPUTERS – COUNTY ATTORNEY’S OFFICE 280. AUTHORIZE TRANSFER OF FUNDS – PUBLIC DEFENDER 281. AUTHORIZE TRANSFER OF FUNDS – HUMAN RESOURCES 282. RESOLUTION IN SUPPORT OF NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC) APPROVING A REMEDIAL DESIGN WORK PLAN ---PAGE BREAK--- RESOLUTION BY NUMBER – 2005 I 283. AUTHORIZE AGREEMENT WITH YOUTH BUREAU TO PROVIDE PERSONS IN NEED OF SUPERVISION (PINS) DIVERSION SERVICES – SOCIAL SERVICES 284. AUTHORIZE REQUEST FOR PROPOSALS TO PROVIDE TWO CRISIS AND PREVENTION (CAP) WORKERS FOR THE FAMILIES FIRST PINS DIVERSION PROGRAM – YOUTH BUREAU 285. MOTION TO BRING ONE RESOLUTION TO THE FLOOR 286. APPOINTMENT – COUNTY CORONER SPECIAL MEETING SEPTEMBER 7, 2005 287. RATIFICATION OF SPECIAL MEETING 288. ACCEPT/REJECT BIDS FOR SENECA HARBOR PARK PHASE III CONSTRUCTION – BUILDINGS AND GROUNDS 289. AUTHORIZE CONSIGNMENT CONTRACT FOR COUNTY AUCTION OF SURPLUS VEHICLES – HIGHWAY DEPARTMENT REGULAR MEETING SEPTEMBER 12, 2005 290. APPROVE MINUTES OF THE AUGUST 8, 2005 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 291. RESOLUTION IN SUPPORT OF THE TRANSPORTATION BOND ACT OF 2005 292. AUTHORIZE AN AGREEMENT WITH DIANA ORTIZ FOR INTERPRETING SERVICES – HEALTH SERVICES 293. AUTHORIZE AGREEMENT WITH SUE COLLINS, DVM FOR VETERINARY SERVICES – PUBLIC HEALTH 294. AUTHORIZE AN AMENDMENT TO THE 2005 AGREEMENT WITH HEALTH CARE COMPLIANCE ENTERPRISE, LLC – COMMUNITY SERVICES 295. AUTHORIZE AN AMENDMENT WITH FINGER LAKES ADDICTIONS COUNSELING AND REFERRAL AGENCY (FLACRA) AND AMEND THE 2005 BUDGET – COMMUNITY SERVICES 296. AUTHORIZE AMENDMENT TO THE 2005 AGREEMENT WITH FAMILY SERVICE SOCIETY AND AMEND THE 2005 BUDGET – COMMUNITY SERVICES 297. AUTHORIZE AN AMENDMENT TO THE FEE SCHEDULE FOR WATERSHED PROTECTION AGENCY AND AMEND THE 2005 BUDGET – PUBLIC HEALTH 298. AUTHORIZE STOP DWI PLAN FOR 2006 – SHERIFF’S DEPARTMENT 299. AMEND DEPARTMENT OF SOCIAL SERVICES 2005 BUDGET FOR TANF SERVICES PLAN 300. AUTHORIZE TRANSFER OF FUNDS – LEGISLATURE ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 301. SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE” 302. ACCEPT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED 303. AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR PERSONNEL – BOARD OF ELECTIONS 304. AUTHORIZE REVISION OF RECORDS MANAGEMENT PROGRAM – AMENDED BY RESOLUTION NO. 389-05 305. AUTHORIZE CONTRACT EXTENSION WITH SILVERLINECONSTRUCTION FOR MISCELLANEOUS STRUCTURAL MAINTENANCE AND RECONSTRUCTION - HIGHWAY DEPARTMENT 306. AUTHORIZE CONTRACT EXTENSION WITH SIMONSEN ENTERPRISES FOR DEER CARCASS REMOVAL – HIGHWAY DEPARTMENT 307. ABANDON COUNTY OWNED BRIDGE IN ORDER TO CONVEY IT TO THE VILLAGE OF BURDETT – HIGHWAY DEPARTMENT 308. ACCEPT/REJECT BIDS FOR FIVE-YEAR CONTRACT FOR ELEVATOR REPAIR, MAINTENANCE AND TESTING – BUILDINGS AND GROUNDS 309. DECLARE PROPERTY SURPLUS IN THE TOWN OF HECTOR – BUILDINGS AND GROUNDS 310. DECLARE PROPERTY SURPLUS IN THE TOWN OF HECTOR – BUILDINGS AND GROUNDS 311. AUTHORIZE TEMPORARY EASMENT AGREEMENT WITH JEFFREY DUNCAN – BUILDINGS AND GROUNDS 312. AUTHORIZE PARTICIPATION IN THE SCHUYLER COUNTY COUNCIL OF GOVERNMENTS 313. RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, EXTENDING THE ADDITIONAL RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND ON CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS, AMUSEMENT CHARGES AND CLUB DUES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK AND EXEMPTING CERTAIN RESIDENTIAL ENERGY SOURCES AND SERVICES FROM SUCH ADDITIONAL RATE OF TAX 314. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE PURCHASING SPECIALIST – TREASURER’S OFFICE 315. AUTHORIZE TRANSFER OF FUNDS FOR BUILDING REPAIRS - COMMUNITY SERVICES BOARD 316. ADOPT EMPLOYEE PARKING DIRECTIVE – COUNTY ADMINSTRATOR 317. APPOINTMENT – SCHUYLER COUNTY COUNCIL OF GOVERNMENTS 318. MOTION TO BRING ONE RESOLUTION TO THE FLOOR 319. AUTHORIZE GRANT APPLICATION WITH STATE EMERGENCY MANAGEMENT OFFICE REGULAR MEETING OCTOBER 11, 2005 ---PAGE BREAK--- RESOLUTION BY NUMBER – 2005 I 320. APPROVE MINUTES OF THE SEPTEMBER 12, 2005 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 321. RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FROM THE HOUSEHOLD HAZARDOUS WASTE (HHW) STATE ASSISTANCE PROGRAM AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE 322. RECOGNIZE NOVEMBER 2005 AS NATIONAL DIABETES MONTH - PUBLIC HEALTH 323. AUTHORIZE CONTRACT WITH DENISE ROSS, DVM FOR VETERINARY SERVICES FOR 2005 – PUBLIC HEALTH 324. ESTABLISH 2005-2006 EARLY INTERVENTION / CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT – PUBLIC HEALTH 325. RENEW AGREEMENT WITH HEALTH RESEARCH INC. AND ESTABLISH 2005-2006 BIOTERRORISM GRANT – PUBLIC HEALTH 326. AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY YOUTH BUREAU FOR THE EARLY INTERVENTION PROGRAM – PUBLIC HEALTH 327. AUTHORIZE AGREEMENT WITH ARNOT OGDEN MEDICAL CENTER FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH 328. AUTHORIZE AGREEMENT WITH SKYCASTERS INC. FOR SATELLITE INTERNET SERVICE FOR 2005 - 2006 - PUBLIC HEALTH 329. AUTHORIZE CONTRACT RENEWAL WITH HUMAN SERVICE DEVELOPMENT FOR EMERGENCY (BIOTERRORISM) PLANNING – PUBLIC HEALTH 330. AUTHORIZE APPLICATION TO THE NEW YORK STATE OFFICE OF HOMELAND SECURITY FOR BUFFER ZONE PROTECTION PROGRAM – SHERIFF’S DEPARTMENT 331. AMEND RESOLUTION NO. 59-04 TITLED “AUTHORIZE FILLING VACANT CRIME VICTIM SERVICES COORDINATOR POSITION IN THE DISTRICT ATTORNEY’S OFFICE”/AUTHORIZE CHANGE IN HOURS FOR CRIME VICTIM SERVICES COORDINATOR POSITION – DISTRICT ATTORNEY’S OFFICE 332. AUTHORIZE APPLICATION FOR 2005/2006 STEPS/ROAD TO RECOVERY GRANT – DISTRICT ATTORNEY 333. AUTHORIZE ADVERTISEMENT FOR BIDS FOR A MOBILE COMMAND/911 TRAILER – EMERGENCY MANAGEMENT 334. AUTHORIZE TRANSFER OF FUNDS TO PURCHASE A MOBILE COMMAND/911 TRAILER – EMERGENCY MANAGEMENT 335. AUTHORIZE APPLICATION FOR REIMBURSEMENT OF ELIGIBLE COSTS ASSOCIATED WITH WIRELESS 911 SERVICES – EMERGENCY MANAGEMENT 336. RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, PROVIDING EXEMPTIONS FROM SALES AND COMPENSATING USE TAXES FOR RECEIPTS FROM SALES OF, AND CONSIDERATION GIVEN OR CONTRACTED TO BE GIVEN FOR, OR FOR THE USE OF, PROPERTY AND SERVICES EXEMPT FROM STATE ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I SALES AND COMPENSATING USE TAXES PURSUANT TO SUBDIVISION (EE) OF SECTION 1115 OF THE NEW YORK TAX LAW, PURSUANT TO THE AUTHORITY OF ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK 337. AUTHORIZE THE ESTABLISHED INTERNAL REVENUE SERVICE (IRS) PREVAILING RATE FOR MILEAGE TO BE PAID TO ALL VOLUNTEERS PROVIDING TRANSPORTATION ON BEHALF OF COUNTY DEPARTMENTS 338. RESOLUTION AUTHORIZING APPLICATION FOR A REAL PROPERTY TAX ADMINISTRATION TECHNOLOGY IMPROVEMENT GRANT – REAL PROPERTY 339. AUTHORIZE MAINTENANCE AGREEMENT RENEWAL WITH EMERGENCY POWER SYSTEMS, INC. – BUILDINGS AND GROUNDS 340. AUTHORIZE MAINTENANCE AGREEMENT RENEWAL WITH BOUILLE ELECTRIC INC. – BUILDINGS AND GROUNDS 341. AUTHORIZE CONTRACT RENEWAL WITH ALL-MODE COMMUNICATIONS FOR TELEPHONE SYSTEM MAINTENANCE AND SERVICE – BUILDINGS AND GROUNDS 342. AMEND RESOLUTION NO. 27-05 TITLED “SET POLICY FOR FACILITIES AND GROUNDS CAPITAL RESERVE” – BUILDINGS AND GROUNDS 343. AUTHORIZE AGREEMENT WITH NYSEG AT THE GREENIDGE, POWER PLANT IN DRESDEN FOR BOTTOM ASH/CINDERS- HIGHWAY 344. AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR ENGINEERING SERVICES FOR COUNTY ROUTE 8 INTERSECTION – HIGHWAY DEPARTMENT 345. AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR COUNTY ROUTE 14 BRIDGE REPAIR – HIGHWAY DEPARTMENT 346. AMEND THE 2005 MACHINERY FUND BUDGET – HIGHWAY 347. DESIGNATE THE SCHUYLER COUNTY AGRICULTURE AND FARMLAND PROTECTION BOARD AS LEAD AGENCY FOR SEQR REVIEW OF THE AGRICULTURAL DISTRICTS 348. ACCEPT/REJECT 2005 TAX AUCTION BIDS 349. AUTHORIZE CONTRACT WITH HEALTH ECONOMIC GROUP, INC. FOR ADMINISTRATIVE SERVICES RELATIVE TO THE MEDICARE MODERNIZATION ACT – HUMAN RESOURCES 350. SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2006 351. ESTABLISH REIMBURSEMENT RATES FOR COUNTY ELECTION INSPECTORS SPECIAL MEETING NOVEMBER 9, 2005 352. RATIFICATION OF SPECIAL MEETING 353. LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 5 OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN ---PAGE BREAK--- RESOLUTION BY NUMBER – 2005 I EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) 354. AUTHORIZE RATE RENEWAL WITH BLUE CROSS/BLUESHIELD OF CENTRAL NEW YORK FOR HEALTH INSURANCE FOR THE YEAR 2006 – AMENDED BY RESOLUTION NO. 470-05 355. AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR 2006 356. AUTHORIZE RATE RENEWAL FOR VISION COVERAGE PREMIUM 357. AUTHORIZE STIPULATION AGREEMENT WITH THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) ADMINISTRATIVE UNIT 358. AUTHORIZE STIPULATION AGREEMENT WITH THE SCHUYLER COUNTY DEPUTY SHERIFFS’ ASSOCIATION - RESCINDED BY RESOLTION NO. 434-05 REGULAR MEETING NOVEMBER 14, 2005 358A. APPROVE MINUTES OF THE OCTOBER 11, 2005 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 359. LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. OF THE YEAR 2005 AUTHORIZING THE SCHUYLER COUNTY LEGISLATURE TO MAKE APPLICATION FOR RE-DESIGNATION OF CERTAIN AREAS WITHIN SCHUYLER COUNTY AS AN EMPIRE ZONE 360. RECOGNIZE DECEMBER 2005 AS NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH - PUBLIC HEALTH 361. AUTHORIZE CONTRACT AMENDMENT WITH AFFILIATED CONSULTANTS, P.C. FOR CLINIC SERVICES FOR 2005 - COMMUNITY SERVICES 362. AUTHORIZE AGREEMENT WITH DrFIRST.COM, INC. FOR ELECTRONIC PRESCRIPTION SERVICE – COMMUNITY SERVICES 363. AUTHORIZE CONTRACT WITH HORIZONS OCCUPATIONAL THERAPY, PLLC FOR THERAPY SERVICES – PUBLIC HEALTH 364. AMEND 2005 – 2006 LEAD GRANT BUDGET – PUBLIC HEALTH 365. AUTHORIZE INCREASE IN STAFF SALARY FOR 2006 – COMMUNITY SERVICES 366. AUTHORIZE CREATION OF A PARALEGAL POSITION - DISTRICT ATTORNEY 367. AUTHORIZE AGREEMENT WITH WESLEY ROE, ESQ. FOR LEGAL SERVICES – PUBLIC DEFENDER’S OFFICE 368. DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU 369. AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2006 AND RELATED CONTRACTS – YOUTH BUREAU 370. RESOLUTION REQUESTING FUNDING FOR COURT APPOINTED SPECIAL ADVOCATE (CASA) – YOUTH BUREAU 371. APPOINTMENTS – YOUTH BOARD ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 372. AUTHORIZE CONTRACT RENEWALS FOR 2006 WITH PROBATION, PUBLIC HEALTH, MENTAL HEALTH AND SOCIAL SERVICES FOR THE FAMILIES FIRST PROGRAM-YOUTH BUREAU 373. LOCAL LAW INTRO. NO. 8 OF THE YEAR 2005 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2006 374. ACCEPT PROPOSAL AND AUTHORIZE CONTRACT WITH VENESKY & COMPANY FOR THE COUNTY’S COST ALLOCATION PLAN – TREASURER’S OFFICE 375. AUTHORIZE ONE-YEAR EXTENSION WITH NATIONWIDE RETIREMENT SOLUTIONS FOR TRUST SERVICE AND ADMINISTRATION OF THE COUNTY’S 457 DEFERRED COMPENSATION MODEL PLAN 376. RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2006 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE 377. SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT 378. RESOLUTION TO AUTHORIZE THE COUNTY TREASURER TO PERMIT THE CANCELLATION OF INTEREST AND PENALTIES – REAL PROPERTY TAX 379. AUTHORIZE SUBMISSION OF A 2006-2007 LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND APPLICATION FOR MICROFILMING PROBATION RECORDS 380. ACCEPT PROPOSAL FOR OIL AND GAS LEASING OF COUNTY OWNED LAND – BUILDINGS AND GROUNDS 381. APPROVAL OF THE OFFICE FOR THE AGING 2006 ANNUAL IMPLEMENTATION PLAN FOR THE OLDER AMERICANS ACT AND NYS COMMUNITY SERVICES FOR THE ELDERLY PROGRAMS 382A. MOTION TO TABLE RESOLUTION NO. 382 382. AUTHORIZE CREATION OF DEPUTY DIRECTOR POSITION AND APPOINTMENT THERETO – OFFICE FOR THE AGIN 383. AUTHORIZE CREATION OF AN AGING SERVICES CASE SUPERVISOR POSITION – OFFICE FOR THE AGING 384. AUTHORIZE CREATION OF AN AGING SERVICES CASEWORKER POSITION – OFFICE FOR THE AGING 385. AUTHORIZE CREATION OF AN INFORMATION PROCESSING SPECIALIST POSITION – OFFICE FOR THE AGING 386. AUTHORIZE CREATION OF AN INSURANCE COUNSELING COORDINATOR POSITION - OFFICE FOR THE AGING 387. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR COORDINATOR OF FISCAL OPERATIONS AND BUDGETARY PLANNING POSITION – HEALTH SERVICES 388. AUTHORIZE SUBMISSION OF A 2006-2007 LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND APPLICATION FOR ---PAGE BREAK--- RESOLUTION BY NUMBER – 2005 I FILES MANAGEMENT OF CIVIL SERVICE/HUMAN RESOURCES PERSONNEL FILES 389. AMEND RESOLUTION NO. 304-05 TITLED “AUTHORIZE REVISION OF RECORDS MANAGEMENT PROGRAM” 390. ACCEPT/REJECT BIDS FOR THE PURCHASE OF MOBILE COMMAND/911 TRAILER EMERGENCY MANAGEMENT 391. AUTHORIZE APPOINTMENTS – LABOR/MANAGEMENT COMMITTEE 392. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE DEPUTY DIRECTOR OF COMMUNITY SERVICES 393. ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – FUND BALANCE 394. AUTHORIZE CONTRACT WITH DIANE HABECK – HEALTH SERVICES SPECIAL MEETING NOVEMBER 21, 2005 395. RATIFICATION OF SPECIAL MEETING 396. LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 5 OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) 397. ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2006 398. APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2006" 399. 2006 BUDGET OF $33,482,175.00: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN REGULAR MEETING DECEMBER 12, 2005 400. APPROVE MINUTES OF THE NOVEMBER 9, 2005 SPECIAL MEETING, THE NOVEMBER 14, 2005 REGULAR MEETING, THE TWO NOVEMBER 21, 2005 PUBLIC HEARINGS, AND THE NOVEMBER 21, 2005 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 401. AUTHORIZE OUT OF STATE TRAVEL FOR LISA MILLSPAUGH TO ATTEND A CONFERENCE IN ATLANTA, GEORGIA IN MARCH 2006 - PUBLIC HEALTH 402. AUTHORIZE CREATION AND FILLING OF TWO FULL-TIME SENIOR DATA ENTRY MACHINE OPERATOR POSITIONS – PUBLIC HEALTH AND COMMUNITY SERVICES 403. RECOGNIZE JANUARY 2006 AS CATARACT AWARENESS MONTH - PUBLIC HEALTH 404. AUTHORIZE AGREEMENT WITH CORNELL COOPERATIVE EXTENSION FOR BIOTERRORISM PLANNING – PUBLIC HEALTH ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 405. AUTHORIZE AGREEMENT WITH SCHUYLER COUNTY EMERGENCY MANAGEMENT FOR BIOTERRORISM PLANNING – PUBLIC HEALTH AUTHORIZE AGREEMENT WITH ARNOT OGDEN MEDICAL CENTER FOR PRESCHOOL SERVICES FOR 2005 - 2006 – PUBLIC HEALTH 406. AUTHORIZE AGREEMENT WITH ARNOT OGDEN MEDICAL CENTER FOR PRESCHOOL SERVICES FOR 2005 - 2006 – PUBLIC HEALTH 407. AUTHORIZE AGREEMENT WITH WINSTEAD & SANDRITTER OCCUPATIONAL & PHYSICAL THERAPY, PLLC – PUBLIC HEALTH 408. AUTHORIZE INTERMUNICIPAL AGREEMENT WITH MONROE, LIVINGSTON, STEUBEN, YATES, SCHUYLER, CHEMUNG, ONTARIO, WAYNE AND SENECA COUNTIES - COMMUNITY SERVICES 409. AUTHORIZE CONTRACT EXTENSION WITH THE OFFICE OF NEW YORK STATE EMERGENCY MANAGEMENT OFFICE (SEMO) AND AUTHORIZE AGREEMENT WITH SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD TO COMPLETE THE HAZARD MITIGATION PLAN – EMERGENCY MANAGEMENT 410. AUTHORIZE GRANT APPLICATION FOR UNITED STATES HOMELAND SECURITY COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM (CEDAP) – EMERGENCY MANAGEMENT 411. AUTHORIZE APPLICATION TO UNITED STATES TOBACCO COMPANY’S (USSTC), OPERATION RANGER DONATION PROGRAM – EMERGENCY MANAGEMENT 412. AUTHORIZE RENEWAL OF SERVICE AGREEMENT WITH MOTOROLA FOR THE 911 CONSOLES FOR 2006 - EMERGENCY MANAGEMENT 413. AUTHORIZE FIVE-YEAR CONTRACT RENEWAL WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE FOR PATROL SERVICES IN THE FINGER LAKES FOREST – SHERIFF’S DEPARTMENT 414. AUTHORIZE CREATION AND FILLING OF A FULL-TIME DEPUTY SHERIFF SERGEANT POSITION – SHERIFF’S DEPARTMENT 415. AUTHORIZE AGREEMENT WITH WESLEY ROE, ESQ. – PUBLIC DEFENDER’S OFFICE 416. AUTHORIZE THE CREATION AND FILLING OF A EMPLOYMENT PROGRAM SPECIALIST POSITION IN THE DEPARTMENT OF SOCIAL SERVICES 417. AUTHORIZE CERTIFICATION OF THE 2004 COST ALLOCATION PLAN – SOCIAL SERVICES 418. AMEND 2005 BUDGET FOR DAY CARE SUBSIDY AND HEAP PROGRAMS – SOCIAL SERVICES 419. AUTHORIZE AGREEMENT WITH CORNELL COOPERATIVE EXTENSION FOR PINS DIVERSION SERVICES – SOCIAL SERVICES 420. AUTHORIZE 2005-2006 AGREEMENT WITH CORNELL COOPERATIVE EXTENSION FOR THE FOOD STAMP NUTRITION PROGRAM – SOCIAL SERVICES 421. AUTHORIZE AGREEMENT WITH THE YOUTH BUREAU FOR YOUTH COURT SERVICES – SOCIAL SERVICES ---PAGE BREAK--- RESOLUTION BY NUMBER – 2005 I 422. AUTHORIZE AGREEMENT WITH THE YOUTH BUREAU FOR TWO CRISIS PREVENTION WORKERS – SOCIAL SERVICES 423. AMEND RESOLUTION NO. 423-05 TITLED - AUTHORIZE 2005-2006 AGREEMENT WITH THE WATKINS GLEN YOUTH CENTER (CATHOLIC CHARITIES) FOR AN AFTER SCHOOL PROGRAM – SOCIAL SERVICES 424. RESOLUTION URGING NEW YORK STATE TO USE AN ASSET TEST TO DETERMINE THE ELIGIBILITY OF HEAP APPLICANTS – SOCIAL SERVICES 425. LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. 6 OF THE YEAR 2005 AUTHORIZING THE SCHUYLER COUNTY LEGISLATURE TO MAKE APPLICATION FOR RE-DESIGNATION OF CERTAIN AREAS WITHIN SCHUYLER COUNTY AS AN EMPIRE ZONE 426. AGREEMENT TO BE LOCAL SPONSOR FOR SNOWMOBILE TRAILS GRANT APPLICATION FOR SNOWMOBILE CLUBS FOR 2005-2006 427. RESOLUTION DISCONTINUING AN APPLICATION FEE FOR NON- COMPETITIVE, LABOR, AND EXEMPT POSITIONS – CIVIL SERVICE 428. LOCAL LAW INTRO. NO. 8 OF THE YEAR 2005/LOCAL LAW NO. OF THE YEAR 2006 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2006 429. AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW 430. SET DATE - 2005 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE 431. SET DATE - 2006 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 432. AUTHORIZE CONTRACT RENEWAL WITH RSVP FOR MEDICAL TRANSPORTATION FOR VARIOUS COUNTY DEPARTMENTS FOR 2006 433. AUTHORIZE AGREEMENT WITH COUGHLIN & GERHART, LLP FOR LEGAL SERVICES - HUMAN RESOURCES 434. RESCIND RESOLUTION NO. 358-05/AUTHORIZE STIPULATION AGREEMENT WITH SCHUYLER COUNTY DEPUTY SHERIFF’S ASSOCIATION 435. AUTHORIZE AGREEMENT WITH JACOBSON’S STEEL WORKS – BUILDINGS AND GROUNDS 436. AUTHORIZE CONTRACT EXTENSION WITH THE OFFICE OF NEW YORK STATE PARKS, RECREATION AND HISTORICAL PRESERVATION – BUILDINGS & GROUNDS 437. ADOPT BUILDING TEMPERATURE POLICY - BUILDINGS AND GROUNDS 438. AUTHORIZE TRANSFER OF FUNDS – BUILDINGS AND GROUNDS 439. AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO CHARGED ON THE JANUARY, 2006, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 440. AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2006, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE 441. DESIGNATE SCHUYLER COUNTY AS LEAD AGENT FOR SEQR REVIEW FOR THE SCHUYLER COUNTY EMPIRE ZONE BOUNDARY REVISION 442. APPOINTMENT - SCHUYLER CHIEF ASSISTANT DISTRICT ATTORNEY – 2006-2009 443. APPOINTMENT - SCHUYLER ASSISTANT DISTRICT ATTORNEY – 2006-2009 444. APPOINTMENT – HIGHWAY SUPERINTENDENT - 2006-2009 445. APPOINTMENT – DEPUTY HIGHWAY SUPERINTENDENT – 2006-2009 446. APPOINTMENT – UNDERSHERIFF – 2006-2009 447. ACCEPT DONATIONS FOR THE FIRE CAUSE AND ORIGIN TEAM AND AMEND THE 2005 BUDGET – EMERGENCY MANAGEMENT W/D ACCEPT 2005 TAX AUCTION BID – TREASURER’S OFFICE – WITHDRAWN 448. AUTHORIZE STIPULATION AGREEMENT WITH THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) ADMINISTRATIVE UNIT 449. MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR 450. AUTHORIZE FARE INCREASE FOR BUS TRANSPORTATION 451. AUTHORIZE APPLICATION AND DESIGNATE SCHUYLER COUNTY AS LEAD AGENCY FOR AN INTER-MUNICIPAL SHARED SERVICES GRANT FOR CENTRALIZED RECORDS MANAGEMENT IN SCHUYLER COUNTY YEAR END MEETING DECEMBER 28, 2005 452. APPROVE MINUTES OF THE DECEMBER 12, 2005 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 453. AUTHORIZE THREE-YEAR AGREEMENT WITH THE CHAMBER OF COMMERCE FOR ROOM TAX FUNDS 454. AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO PAY LOCAL SHARE OF A NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS GRANT 455. AMEND AGREEMENT WITH UNITED CEREBRAL PALSY AND HANDICAPPED CHILDREN’S ASSOCIATION OF CHEMUNG COUNTY, INC. FOR 2005-2006 - PUBLIC HEALTH 456. AUTHORIZE TRANSFER OF FUNDS TO REPLENISH COMMUNITY SERVICES BOARD RESERVE ACCOUNT - COMMUNITY SERVICES 457. ADOPT REVISED FEE SCHEDULE FOR WATERSHED PROTECTION AGENCY - PUBLIC HEALTH 458. AUTHORIZE AGREEMENT WITH SCHUYLER COUNTY MENTAL HEALTH FOR BIOTERRORISM PLANNING - PUBLIC HEALTH ---PAGE BREAK--- RESOLUTION BY NUMBER – 2005 I 459. APPROVAL OF ALTERNATIVES TO INCARCERATION PLAN FOR 2006 - PROBATION DEPARTMENT 460. COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2005 FOR THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE TOWN OF TYRONE, IN THE COUNTY OF SCHUYLER, AND STATE OF NEW YORK 461. DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT TAXES DUE JANUARY 2006 462. AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS 463. DEDICATION OF 2005 PROCEEDINGS 464. AUTHORIZE AMENDMENT TO THE SCHUYLER COUNTY FLEXIBLE SPENDING PLAN 465. APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY HIGHWAY UNIT 466. ADOPT AMENDED SCHUYLER COUNTY MANAGEMENT/CONFIDENTIAL SALARY PLAN (M/CSP) 467. AMEND DEPARTMENT HEAD LEAVE POLICY 468. AUTHORIZE TRANSFER OF FUNDS IN THE 2006 ADOPTED BUDGET – SOCIAL SERVICES 469. UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2005-2006 470. AMEND RESOLUTION NO. 354-05/AUTHORIZE RATE RENEWAL WITH EXCELLUS BLUE CROSS/BLUESHIELD OF CENTRAL NEW YORK FOR HEALTH INSURANCE FOR THE YEAR 2006 ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 ORGANIZATIONAL MEETING JANUARY 5, 2005 The January 3, 2005 Organizational Meeting of the Schuyler County Legislature was called to order at 9:30 a.m. by Gail M. Hughey, Clerk, acting as Temporary Chair. The Pledge of Allegiance was led by Legislator Slusser and followed by a Moment of Silence. All Legislators were present, except Legislator Larison who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Gloria Brubaker from Seneca Lodge stated that the lodging owners appeared before the Legislature in large numbers last week and made, what she felt were some good points. It seemed to her that the Legislators had their minds made up already. She pointed out that they now have the new minimum wage increase to deal with that leads to an increase in other taxes such as unemployment. She said that if the Legislature feels this tax is absolutely necessary, knowing ahead of time would have helped them budget accordingly. She added that the Legislature has had permission from the State Legislature to increase the room tax for a year or more. Last week, it was told to them that the Legislature would not vote because a full board was not present. She hopes that Legislator Slusser has been contacted and informed. They have come in good faith and feel they have good reasons for opposing the increase in room tax. She also received more signatures on petitions. She managed to get 474 new names over the weekend. There are now over 1,000 people who have signed in opposition to this increase. Angie Franzese stated that there is not a big show of owners today because of the early meeting time. She said that they are just trying to express that they do not feel increase the room tax would help tourism, and would not keep them as competitive with others. Judy Lampman commented on Legislator Bleiler’s interested in forming a task force. She noted that some of them have degrees in hotel management and other college education. She said they would be more than happy to work with the Legislature on how to promote the county. She feels they all need to be on the same page, the Chamber, the Legislature and the Lodging Association, however it will take time to put a task force together. She asked that the Legislature please reconsider, she feels more tax does not bring in more business. Paul Marcellus from the Colonial Motel said he would like to make the point that this industry is unique. The County has no big motel chains, it’s all family-owned businesses. Their business season is from Memorial Day to October 15th at best. He feels it is important not to do this because it affects them all. He also pointed out that 90% of his proceeds come across as credit card purchases. That means an additional $170 out of his pocket goes towards that fee. He commented on The Star Gazette article that quoted Legislator Slusser saying that the County’s debt is down to the lowest it has ever been. He asked why punish the most stable industry in the county. He feels it is a poor fiscal decision and asked that the Legislature please vote it down today or table it. John Vansoest from The Fountainebleau Inn, feels the Legislature needs to better understand the lodging business. They are the hospitality experts in this county. He does not believe there are any lodging businesses in support of this tax. He asked the Legislature to please defeat this tax. Greg Bitler from Chiefton Hotel asked that the Legislature please table the issue at this point in time and vote for a task force. He would like to see the owners, Legislature and Chamber work together and try to come up with another solution first. He asked the Legislature to please vote it down today. Angie Franzese feels it is a sad day in the community when over 1,000 people can say no to something and the Legislature might do it anyway. If the Chamber continues to promote out of county businesses, she feels it will hurt them. Michelle Smith said she believes this tax will chase tourists to surrounding areas that have no room tax. Tourists will just come here for day trips, then small lodging owners will go out of business. She hopes the Legislature votes this tax down. Sarah Valent from the Anchor Inn said she believes this room tax is bad. The Legislators know about their budget and the lodgers know, by running their businesses, how this tax will hurt and not help. She had a lot of business towards the end of the year when they lower the rate to get them. When she explains the taxes ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 attached to the room rate, the customers say no way. There will be more of that. She feels they all need to work together and make the right decision. Barry Strickland from the Madison Guest House looks at this like a sales meeting. The Legislature is trying to sell Schuyler County and the lodgers are the salesmen. When he get a call to rent a room, he gives them a price plus tax and they do not call back. It is getting tougher to sell this industry. Gloria Brubaker and Judy Lampman spoke about the uniqueness of Schuyler County in comparison to other counties. The Acting Chair declared a recess for legal counsel in the jury room at 10:00 a.m. The meeting resumed at 10:20 a.m. The Acting Chair asked for nominations from the floor for Chairman of the Legislature for the year 2005. MOTION by Legislator Karius to nominate Legislator Slusser, who worked hard as Budget Officer and Chairman of Management and Finance, as Chairman of the Legislature, SECOND by Legislator Fagan. Legislator Bleiler said he would rather vote for someone with experience. Legislator Yuhasz agrees that Legislator Gifford has the experience. Legislator Karius feels a new Chairman with a new fresh look is what they need. Legislator Slusser works well with them and department heads and change is good. MOTION by Legislator Yuhasz to nominate Legislator Gifford as Chairman of the Legislature, SECOND by Legislator Bleiler. RESOLUTION NO. 1 Motion by Bingell, Second by Fagan. RE: CLOSE NOMINATIONS - 2005 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the nominations for the 2005 Chairperson of the Schuyler County Legislature be closed. VOTE: Passed 7-0. RESOLUTION NO. 2 Motion by Karius, Second by Fagan. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2005 - FAILED BE IT RESOLVED, that Daryl L. Slusser be Chairperson of the Schuyler County Legislature for the year 2005. VOTE: Failed. 3-4. Noes: Bleiler, Bingell, Yuhasz, Gifford. RESOLUTION NO. 3 Motion by Bingell, Second by Yuhasz. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2005 BE IT RESOLVED, that Thomas M. Gifford be Chairperson of the Schuyler County Legislature for the year 2005. VOTE: Passed 6-1. No: Karius. RESOLUTION NO. 4 Motion by Yuhasz, Second by Bingell. RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 2005 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 2005, as follows: Chairman Thomas M. Gifford #1 Vice-Chairman Doris L. Karius #2 Vice-Chairman Delmar F. Bleiler #3 Vice-Chairman Glenn R. Larison #4 Vice-Chairman Sharon S. Bingell #5 Vice-Chairman Michael A. Yuhasz #6 Vice-Chairman Daryl L. Slusser #7 Vice-Chairman Dennis A. Fagan VOTE: Passed 7-0. RESOLUTION NO. 5 Motion by Yuhasz, Second by Bingell. RE: DESIGNATION OF LEGAL COUNTY NEWSPAPER BE IT RESOLVED, that The Watkins Review & Express weekly newspaper within Schuyler County, be designated as the legal County paper to publish resolutions, election notices, official canvass and other notices. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 VOTE: Passed 7-0. RESOLUTION NO. 6 Motion by Yuhasz, Second by Bingell. RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS BE IT RESOLVED, that the Depositories for Schuyler County funds be the following banks and for the following amounts: HSBC Watkins Glen Office Franklin at Eight Street Watkins Glen, NY 14891 $8,000,000.00 CHEMUNG CANAL TRUST COMPANY Montour Falls or Watkins Glen Office 303 W. Main Street Montour Falls, NY 14865 $8,000,000.00 TOMPKINS COUNTY TRUST COMPANY Main Street Odessa, NY 14869 $8,000,000.00 CHASE MANHATTAN 1975 Lake Street Elmira, NY 14901 $8,000,000.00 COMMUNITY BANK, N.A. Watkins Glen Office 401 N. Franklin Street Watkins Glen, NY 14891 $8,000,000.00 VOTE: Passed 7-0. RESOLUTION NO. 7 Motion by Bingell, Second by Fagan. RE: CONFORM TO "RULES OF PROCEDURE" BE IT RESOLVED, that the "Rules of Procedure", as adopted on January 13, 1992 to be effective January 13, 1992, and as last revised October 12, 1999, be conformed to. VOTE: Passed 7-0. RESOLUTION NO. 8 Motion by Bingell, Second by Fagan. 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 2005. VOTE: Passed 7-0. RESOLUTION NO. 9 Motion by Bingell, Second by Fagan. RE: APPOINTMENT - CHIEF CORONER FOR 2005 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 2005, at an additional stipend of $2,500 for administrative duties to be paid quarterly at the rate of $625.00 per quarter. VOTE: Passed 7-0. RESOLUTION NO. 10 Motion by Bleiler, Second by Bingell. RE: APPOINTMENT – COUNTY HISTORIAN BE IT RESOLVED, that Barbara Bell be appointed as County Historian for the year 2005. VOTE: Passed 7-0. RESOLUTION NO. 11 Motion by Bleiler, Second by Bingell. RE: SCHEDULE OF SALARIES FOR 2005 BE IT RESOLVED, that the Schedule of Salaries for 2005, as attached hereto, be adopted, effective January 1, 2005, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 2005 Salary Schedule. VOTE: Passed 7-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 WITHDRAWN RE: APPOINTMENT - BUDGET OFFICER FOR 2005 - WITHDRAWN BE IT RESOLVED, that be appointed Budget Officer for the year 2005 at a salary of $ . RESOLUTION NO. 12 Motion by Bleiler, Second by Bingell. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY – BOARD OF ELECTIONS NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledge the appointment by John Vona, Commissioner, Board of Elections of Carolyn C. Elkins as Deputy Commissioner, Board of Elections at an annual salary of $24,000 and Joseph Fazzary, Commissioner, Board of Elections of Bonnie Herzig as Deputy Commissioner, Board of Elections, effective January 1, 2005 through December 31, 2006 for 31.5 hours per week at an annual salary of $24,000. VOTE: Passed 7-0. DISCUSSION: Legislator Bingell said she will not offer any amendments to the Room Tax Local Law. She would like to see it tabled until they have all eight legislators present. Legislator Yuhasz argued that they all picked this date for a vote. Legislator Bleiler said he has a lot of things written down he would like to say to the public. He is not opposed to tabling it, but would still like to speak. He thanked the lodging industry. He has enjoyed the discussions that have occurred, one was an hour and a half long on the phone. He also said that if you know him, a year ago he had tried to explain they have a property tax problem. He realizes the additional 2% causes the owners a problem. He prefers any tax other than property tax. It no longer works especially in New York State. He has always felt the room tax is fairer than property tax. In listening to all of the lodgers, it has convinced him that number one, it is not fair that they are the only collectors to benefit the whole county. Even though there is another option, right now he believes this is the only open option. Number two, it is twice unfair that we consider the fact that credit cards are used to pay for the rooms and the owner pays a fee. Number three, he is convinced that the lodging industry needs to be more involved with the Tourist Promotion Agency (TPA) funds. In his opinion they need to be more involved, if for no other reason than to promote or offset the impact. The development of a task force has been suggested. Time constraints are in order. Whether we pass the increase or not, he feels the idea of a task force still needs to happen. He started to talk in May of last year about property tax versus room tax. He waited and all legislators agreed to reduce the TPA funds rather than increase property tax. All legislators had an equal opportunity and no legislator moved to re-establish the Chamber’s funds. He feels they better start doing studies now to figure out how Schuyler County can remain a lodging industry. Effective marketing is a good idea and more needs to be done. From the years 2000-2003 the amount of money that came back from advertising increased 46%. He believes advertising pays off. The Legislature needs to continue to support our TPA. Some of you questioned the data and it not focusing on Schuyler County. The numbers are blended in with us. He asked Jim Berg if they could separate out Schuyler County data and the answer was yes. The researchers can do this, but it costs money. He was told that the additional $70,000 that would come from this increase would make that up and help do that research and help advertising. If we pass this tax increase, it would help our TPA. They expect $140,000 to be generated with this room tax increase. He believes 90% would be a conservative estimate of the number of people who use a credit card to pay for their bill. That means $126,000 is going on credit cards. The service fee of 4% is $5,040. If we say that 90% use credit cards and we increase room tax, then $5,040 will have to come out of the owners to help support this tax. That would be $144 on average for an owner. We should not take money from owners to support this tax. If this passes or if we go into further discussions in the future, he will put a resolution on to compensate the owners for this fee. He needs to make sure they are allowed to and that it is legal. If he votes no, there will be happy taxpayers and angry legislators. If he votes yes and creates a task force, it might go over better. The answer for voting yes is that there are 19,000 people in our county and he took an oath to do the best for the county. He took an oath to do something about property tax. He feels this increase is a good idea. It can be good for the county and all involved. We need to work to protect the adverse affects. A task force is a step in the right direction. He feels the tourism industry has a lot of room for growth. He also believes if the county picks up the credit card fee issue, it will be returned by direct sales tax benefits. His heart and gut tells him it is a good thing. If it is tabled, we all keep our opinions. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 Legislator Fagan said he is opposed to tabling the resolution, he would like to hear amendments come to floor. Legislator Slusser said he agrees with Legislator Bleiler that they need to take care of the cost to the owners. He is not sure how to do that legally. He would disagree with some of his figures. If this passes he agrees with it. Legislator Karius said the 2005 budget has been adopted. There is $100,000 in the budget for a County Administrator, secretary and advertising. She feels they should wait and have more discussion with an administrator on board. RESOLUTION NO. 13A Motion by Bingell, Second by Karius. RE: MOTION TO TABLE RESOLUTION NO. 13 – FAILED BE IT RESOLVED, that Resolution No. 13 be tabled. VOTE: Failed 3-4. Noes: Slusser, Fagan, Yuhasz, Gifford. RESOLUTION NO. 13B Motion by Fagan, Second by Yuhasz. RE: MOTION TO AMEND RESOLUTION NO. 13 BE IT RESOLVED, that Resolution No. 13 be amended to change the increase from 2% to 1% over the existing 2% Room Tax. DISCUSSION: Legislator Fagan motioned to make the effective date June 1, 2005, make it a 3% total tax instead of 4% and allow for a 3% fee to be retained by the lodging industry to take care of credit card fees. Legislator Bleiler said he is not well enough informed with all of these modifications. There are too many modifications. Chairman Gifford said an amendment requires re-introduction of the amended local law and another public hearing. Legislator Fagan said that is fine, it would give them time to discuss it in the meantime. Legislator Bleiler feels they need to discuss these points before re-advertising. He is not willing to do that today. Legislator Fagan asked him when he would be ready and Legislator Bleiler said at the next Regular Meeting. Legislator Fagan said he will not be present because of hip surgery. Legislator Fagan amended his motion to only be a 3% total tax and to take out the rest of his modifications. Legislator Yuhasz feels that is a compromise he could support. That would help make up for the Chamber’s $30,000 loss. Legislator Bleiler said he will support the motion. The law was written that they could increase it to no more than that allows us to increase it to 3% or but no more. VOTE: Passed 5-2. Noes: Karius, Bingell. RESOLUTION NO. 13C Motion by Fagan, Second by Slusser. RE: MOTION TO AMEND RESOLUTION NO. 13 – FAILED BE IT RESOLVED, that Resolution No. 13 be amended to change the effective date from March 1, 2005 to June 1, 2005. VOTE: Failed. 4-3. Noes: Karius, Bleiler, Bingell. RESOLUTION NO. 13D Motion by Bleiler, Second by Karius. RE: MOTION TO TABLE RESOLUTION NO. 13 – FAILED BE IT RESOLVED, that Resolution No. 13 be tabled. VOTE: Failed 3-4. Noes: Slusser, Fagan, Yuhasz, Gifford. RESOLUTION NO. 13E Motion by Slusser, Second by Fagan. RE: MOTION TO AMEND RESOLUTION NO. 13 – FAILED BE IT RESOLVED, that Resolution No. 13 be amended to create a collector’s fee to be taken from the 3% increase to reimburse owners. VOTE: Failed. 4-3. Noes: Karius, Bleiler, Bingell. RESOLUTION NO. 13F Motion by Bleiler, Second by Bingell. RE: MOTION TO TABLE RESOLUTION NO. 13 – FAILED BE IT RESOLVED, that Resolution No. 13 be tabled. VOTE: Failed 3-4. Noes: Slusser, Fagan, Yuhasz, Gifford. Motion by Legislator Bingell to amend the resolution to not take effect until September 1st, 2005, no Second. RESOLUTION NO. 13 Motion by Bleiler, Second by Fagan. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 2004/LOCAL LAW NO. OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 3% - AS AMENDED – RESCINDED BY RESOLUTION NO. 81-05 WHEREAS, a proposed Local Law amending Local Law No. 2 of 1988 to increase the Room Tax from 2% to 3% was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held December 28, 2004 at 3:00 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5 of the Year 2004/Local Law No. of the Year 2005, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 5 of the Year 2004/Local Law No. of the Year 2005, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2004/ LOCAL LAW NO. OF THE YEAR 2005 Local Law No. 2 of the year 1988 is hereby amended as follows: 2. IMPOSITION OF TAX On and after the first day of March 1, 2005 there is hereby imposed and shall be paid a tax of three upon the rent for every occupancy of a room or rooms in a hotel, motel, bed and breakfast or tourist facility having one or more rooms in this County except that the tax shall not be imposed upon permanent resident, or exempt organizations as hereinafter set forth. All provisions of Local Law No. 2 of the year 1988 not amended hereby shall remain in full force and effect. This Local Law shall take effect upon filing in the office of the Secretary of State as provided by the Municipal Home Rule Law. VOTE: Passed 5-2. Noes: Karius, Bingell. PUBLIC PARTICIPATION: Angie Franzese feels that the most effective use of dollars was to vote down this local law and do some research. The message she is getting is that the Legislature wants to pass it so badly, they are willing to compromise. She is glad it did not pass today, but now they still need to fight. She came here saying we do not want anymore taxes. Legislator Slusser said if this is true, then get your heads together and come to us with an alternative for us to consider. Greg Bitler asked for more time or a time line. Paul Marcellus said the alternative is that money spent on a TPA is money well spent. Doing everything for overnight stays will create more sales for them and the county. Assessing an additional tax is counterproductive. Additional sales taxes can be used to their advantage. Additional tax says Schuyler County is not user friendly. Taking money from the TPA is hurting us also. You should leave money for the TPA in the budget. In doing so, it would not place a burden on them. Judy Lampman said they have done as much as they could do in a short period of time. They quickly put together a web site. Their association is a year old this January. They need the time to do research. It took ten months to create the organization and create by-laws. Greg Bitler said he agrees with Judy Lampman and suggested holding off on this tax to give them more time. That would show a commitment on the Legislature’s part. After the Legislature considered increasing this tax last year, they decided to create the Lodging Association as a sign of their dedication to Schuyler County. Judy Lampman stated that the Association had an open house last spring that they advertised and wanted all of the Legislators to attend and none came. She noted that last year the Association gathered together to clean main street in the village. Jim Berg said, as President of the Chamber, this is disconcerning to him. In the Chambers ranks, they have divided opinions on the board. The only thing to say is that the TPA functions with members of the ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 Schuyler County Lodging Association and other tourist groups. They make the recommendations. Should the Legislature decide to create a task force, they could gather these two groups together and discuss this issue. Michelle Smith said they are not just here for themselves, they are here for the whole community. She has been hearing a lot of questions that should be answered before a decision is made. The Meeting adjourned at 11:30 a.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk REGULAR MEETING JANUARY 10, 2005 The January 10, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present, except Legislator Fagan who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. 6:30 P.M. – ACKNOWLEDGE WENDY WOLCOTT’S STATE RECOGNITION FOR THE OMBUDSMAN PROGRAM AT THE OFFICE FOR THE AGING: Legislator Bleiler explained that last year at the ombudsman program training, one of our county employees was recognized for exceptional work in helping seniors. Just last week, the county received a letter from the State Office for the Aging congratulating us and acknowledging the employee and Director. He is pleased to introduce the Office for the Aging Director, Robert Dunphy, to introduce Wendy Wolcott. Bob said, on behalf of his office, he expressed thanks for all of the support given. He also thanked the Legislature for recognizing Wendy. Frequently recognitions like this get overlooked. Wendy left the Probation Department to come work for him. She dove into the responsibilities as program coordinator. Then he made her the Ombudsman Coordinator and she needed to become certified. Within a month, she completed 36 hours of training. Once trained, there were serious problems with the program she had to tackle. It became very demanding right after her training was complete. She did an excellent job. A State employee, Barbara Decker, specifically acknowledged Wendy on the great job she was doing within just a few months of training. She received a Long Term Care proclamation from the Governor along with others. Wendy thanked the Legislature for acknowledging her tonight. She passed along the proclamations signed by the Governor that she is pleased to hang in the office. She spoke highly of the ombudsman program and hopes it continues to be beneficial. They will be recruiting volunteers continually. She would not have been able to do this without support from Bob and the office staff and many county employees. WITHDRAWN RE: APPROVE MINUTES OF THE DECEMBER 28, 2004 YEAR END MEETING AND THE JANUARY 3, 2005 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE - WITHDRAWN BE IT RESOLVED, that minutes of the December 28, 2004 Year End Meeting and the January 3, 2005 Organizational Meeting of the Schuyler County Legislature be approved. RESOLUTION NO. 14 Motion by Larison, Second by Bingell. RE: AUTHORIZE OUT OF STATE TRAVEL – PUBLIC HEALTH WHEREAS, as part of the New York State Association of County Health Officials (NYSACHO)’s 2004 - 2005 Immunization Action Plan (IAP) grant, the New York State Department of Health has allocated funding for NYSACHO to sponsor one person from each consortia county to attend the National Immunization Conference, which will be held in Washington, DC from March 21 through March 24, 2005, and WHEREAS, it is desirable for a nurse in our agency to attend the conference, and out of state travel requires legislative approval, NOW, THEREFORE, BE IT RESOLVED, that a Registered Nurse from the Public Health Department be authorized to travel out of state to attend the aforementioned conference. There will be no additional cost to the County. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 VOTE: Passed 7-0. RESOLUTION NO. 15 Motion by Larison, Second by Bingell. RE: AMEND 2004–05 BIOTERRORISM GRANT BUDGET – PUBLIC HEALTH WHEREAS, Resolution No. 373-04 established the budget for the 2004-05 Bioterrorism grant, and WHEREAS, planned expenditures of the grant monies have changed, and these changes necessitate amendments to the original budget. NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorize the County Treasurer to amend the 2005 Public Health budget, as follows: Change New Amount Account No./Description 3,842 $ 3,842 4010.100-4029 Personnel 1,329 $ 1,329 4010.489-4029 Fringe Ben - $23,195 $ 26,805 4010.200-4029 Equipment +$18,024 $ 45,024 4010.400-4029 Contractual $ 77,000 VOTE: Passed 7-0. RESOLUTION NO. 16 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY EMERGENCY MANAGEMENT OFFICE – PUBLIC HEALTH WHEREAS, bioterrorism planning continues to be required by the NYS Department of Health, and WHEREAS, the Schuyler County Emergency Management Office is able to provide services as required as part of the bioterrorism plan, in conjunction with Department of Health requirements. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the Schuyler County Emergency Management Office, effective January 1, 2005 through August 30, 2005, in an amount not to exceed $7,000, funds available in the Public Health Bioterrorism Grant budget, account no. 4010.400-4029, with no local share cost, subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 17 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH CORNELL COOPERATIVE EXTENSION – PUBLIC HEALTH WHEREAS, bioterrorism planning continues to be required by the NYS Department of Health, and WHEREAS, Cornell Cooperative Extension is able to provide services relating to animal surveillance and epidemiology as part of the bioterrorism preparedness plan. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Cornell Cooperative Extension, effective January 1, 2005 through August 30, 2005 at an amount not to exceed $1,500, funds available in the Public Health Bioterrorism grant budget, account no. 4010.400-4029, at no local share cost, subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 18 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH KELLY FITCH, RN, FOR NURSING SERVICES FOR 2005 – PUBLIC HEALTH WHEREAS, Kelly Fitch, RN has served the Public Health Department for several years and has extensive knowledge of the Home Health operations, and WHEREAS, the Public Health Department requires nursing assistance from time to time, and WHEREAS, funds are available in the 2005 Public Health budget, account no. 4010.490 to contract for part-time nursing services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to renew the contract with Kelly Fitch, RN, for the provision of part-time nursing services for the period January 1, 2005 through December 31, 2005, at the hourly rate of $19.50, not to exceed $15,000 for the period of the agreement, such amount provided for in the 2005 Public Health budget, account no. 4010.490, subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RESOLUTION NO. 19 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH MILLER ASSOCIATES FOR THERAPY SERVICES – PUBLIC HEALTH WHEREAS, Miller Associates has, in the past, provided therapy services for the Schuyler County Home Health Agency on an as needed basis, and WHEREAS, the Schuyler County Home Health Agency wishes to make Miller Associates the primary contractor for therapy services, and an increase in the hourly rate is needed to reflect the enhanced services to be provided as the primary contractor. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Miller Associates to provide therapy services, including physical therapy, occupational therapy, and speech therapy, to include changes in rates as indicated, funding available in the 2005 Public Health budget, account no. 4010.490, subject to the approval of the County Attorney. Home Health Therapy rates: Physical Therapy $56.00 per hour Increase of $6.00/hr. Occupational Therapy $48.00 per hour Increase of $2.00/hr. Speech Therapy $48.00 per hour Increase of $2.00/hr. VOTE: Passed 7-0. RESOLUTION NO. 20 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER HOSPITAL FOR THERAPY SERVICES – PUBLIC HEALTH WHEREAS, Schuyler Hospital continues to provide therapy services for the Schuyler County Home Health Agency, and WHEREAS, provision of these services is beneficial for the rehabilitation of Schuyler County residents receiving home health care. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Schuyler Hospital to provide therapy services including physical therapy, occupational therapy, and speech therapy, with no change in the hourly rates, funding available in the 2005 Public Health budget, account no. 4010.490, subject to the approval of the County Attorney. Home Health Therapy rates: Physical Therapy $48.00 per hour No change Occupational Therapy $48.00 per hour No change Speech Therapy $48.00 per hour No change Additional therapy services: Parrafin Bath $79.90 per treatment Small Whirlpool $79.90 per treatment Contrast baths $48.85/15 minutes Prosthetic Training $52.15/15 minutes Splint Fabrication $52.15/15 minutes Removal of Devitalized Tissue $104.95/15 minutes Therapeutic Exercises Requiring equipment $63.15/15 minutes VOTE: Passed 7-0. RESOLUTION NO. 21 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH STAFKINGS FOR HOME HEALTH SERVICES – PUBLIC HEALTH WHEREAS, the Schuyler County Home Health Agency contracts with Stafkings to provide home health services, and WHEREAS, Stafkings has agreed to continue providing home health services with no increase in rates for 2005, and WHEREAS, Stafkings wishes to enter in to a lease agreement for County vehicles in order to make them available for use by the nurses providing home care services. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Stafkings to provide home health services, at the wage rates indicated, and addressing on-call, overtime, holiday pay, transportation costs, cell phone/pager costs and vehicle leasing, for the period January 1, 2005 through December 31, 2005, funding available in the 2005 Public Health budget, account no. 4010.490, subject to the approval of the County Attorney. Home Care Nursing rates: Home Health Aide $15.50 per hour Personal Care Aide $15.50 per hour Homemaker $15.50 per hour Licensed Practical Nurse $21.25 per hour Registered Nurse $26.01/hr. to $31.16/hr. Overtime – RN $34.56/hr. to $39.36/hr. On Call – RN $1.92/hr. On Call – RN holiday only $2.88/hr. Mileage $.375 per mile Cell phones/pagers reimburse actual cost VOTE: Passed 7-0. RESOLUTION NO. 22 Motion by Yuhasz, Second by Bingell. RE: RENEW AGREEMENT WITH STAFCARE FOR HOME HEALTH SERVICES – PUBLIC HEALTH WHEREAS, the Schuyler County Home Health Agency contracts with Stafcare (Americare) to provide home health services, and WHEREAS, Stafcare has agreed to continue providing home health services with no increase in rates for 2005. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Stafcare to provide home health services, at the wage rates indicated, and addressing on-call, overtime, holiday pay, transportation costs, and cell phone/pager costs, for the period January 1, 2005 through December 31, 2005, funding available in the 2005 Public Health budget, account no. 4010.490, subject to the approval of the County Attorney. Home Care Nursing rates: Home Health Aide $13.50 per hour Personal Care Aide $12.75 per hour Licensed Practical Nurse $21.25 per hour Registered Nurse $25.00/hr Registered Nurse – high tech $32.50/hr. Overtime/holiday– RN $37.50 On Call – RN $1.96/hr. Mileage $.23 per mile Cell phones/pagers reimburse actual cost VOTE: Passed 7-0. RESOLUTION NO. 23 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT RENEWAL WITH FINGER LAKES PARENT NETWORK, INC. FOR 2005 – MENTAL HEALTH WHEREAS, the Mental Health Department currently contracts with Finger Lakes Parent Network, Inc. for family support services and for the provision of parent advocates, and WHEREAS, continuation of these services would be beneficial to the provision of mental health services to the families of Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Finger Lakes Parent Network, Inc. for the provision of family support services and parent advocates, in an amount not to exceed $45,150, for the period January 1, 2005 through December 31, 2005 such amount provided for in the 2005 Mental Health budget, account no. 4310.435, subject to approval by the Schuyler County Attorney. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 VOTE: Passed 7-0. RESOLUTION NO. 24 Motion by Bingell, Second by Larison. RE: AUTHORIZATION TO CONTRACT WITH THE ARC OF SCHUYLER COUNTY FOR MEDICAL TRANSPORTATION SERVICES – SOCIAL SERVICES WHEREAS, the Department of Social Services (DSS) wishes to renew the contract with Arc for medical transportation for the period January 1, 2005 through December 30, 2005, and WHEREAS, due to the increase in the use of medical transportation and increases in gasoline prices, DSS has increased the medical transportation annual fee to $40,000 for the first 25,000 miles of semi-fixed route services to be billed at a rate of $3,333.33. Excess mileage will be charged at the rate of $1.03 per mile. The total for the semi-fixed route shall not exceed $45,000, and WHEREAS, the Demand Responsive portion of the transportation contract, (runs that cannot be accommodated in the semi-fixed route schedule) will be increased to $1.60 per mile. The total of the semi-fixed and demand responsive shall not exceed $65,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract for the Department of Social Services with the Schuyler Arc for medical transportation for the term January 1, 2005 through December 31, 2005, funding available in the 2005 DSS budget account no. 6101.400; subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 25 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS AND SURVEYORS FOR ARCHITECTUAL DRAWING FOR THE DISTIRICT ATTORNEY’S OFFICE – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 291-03 authorized Hunt Engineers to examine the District Attorney’s Office structure for structural loads and building code requirements, and WHEREAS, the building was found structurally sound, but has several building code issues to overcome, and WHEREAS, Resolution No. 427-03 authorized Hunt Engineers to seek resolutions to the code issues through the New York State Building Code Office, and WHEREAS, an agreement has been reached that sets the following guidelines in place. To achieve a level of life safety consistent with the intent of the code, the County will make the following improvements: 1. Remove the existing carpeting in the stairs as it poses a trip hazard. 2. Paint the stairs and install a contrasting color abrasive nose to highlight the leading edge of each tread. 3. Install a continuous handrail on the wall side of the stair (right side descending). 4. Install a continuous handrail on top of the existing railing (left side descending). This railing will be located above the existing handrail, and, being higher, it will make people walk on the wider portion of the winders. 5. Provide additional lighting at the stairs. 6. Provide emergency lighting at the stairs. 7. Restore the second floor toilet room. A toilet room on the second floor will reduce the number of trips up and down the stairs. 8. Restrict use of second floor to employees of the District Attorney. Public will not use the stairs. A sign reading “SECOND FLOOR – EMPLOYEES ONLY” will be placed at the stairs. 9. Limit to six the number of employees on the second floor. A permanent sign will be located at the stairs reading “MAXIMUM NUMBER OF OCCUPANTS ON SECOND FLOOR: 6” 10. Install a full coverage fire & smoke detection system in the building. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with Hunt Engineers to provide drawings for the purpose of meeting Building Code Compliance and Americans with Disabilities Act compliance at a cost not to exceed $5,000 to be funded from the Facilities & Grounds Capital Reserve account, upon approval of the Schuyler County Attorney. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 VOTE: Passed 7-0. RESOLUTION NO. 26 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CONTRACT EXTENSION WITH DISSEN & JUHN CORPORATION FOR COMPLETION OF THE BREAKWATER REPAIR PROJECT – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 327-04 authorized a contract with Dissen & Juhn Corporation to repair the breakwater, and WHEREAS, the repairs to the breakwater have been completed except for the setting of the handrail posts which cannot be cemented into place until warmer weather. NOW, THEREFORE, BE IT RESOLVED, that the contract deadline with Dissen & Juhn Corp. be extended until May 31, 2005 to allow time to complete the hand rail in warmer weather, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign said change order at no cost to the County upon approval of the County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 27 Motion by Bingell, Second by Bleiler. RE: SET POLICY FOR FACILITIES AND GROUNDS CAPITAL RESERVE – AS AMENDED BY RESOLUTION NO. 342-05 WHEREAS, Resolution No. 467-00 authorized the creation of a “Facilities and Grounds Reserve Fund”, and WHEREAS, the fund has not been activated nor policies set to govern the funding and use of funds. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopt the following Facilities Capital Plan to be implemented with 2004 fund balance: Schuyler County Facilities Capital Plan Goals/Purpose:  Recognize that the facilities owned by Schuyler County are a major asset which regularly need improvement and upkeep to prevent their deterioration and maintain their value.  Facility capital improvements often lead to improved operations and maintenance costs.  A facilities capital improvement account with money set aside on a regular basis would minimize financial impact on the county budget and save interest and fees associated with borrowing.  To forecast capital improvements as accurate as possible using industry standards, historical background, and present conditions.  Facility capital planning will provide a time period to search for any applicable grants that could be used in conjunction with the capital fund. Responsibility: The Building Maintenance Supervisor will develop a list of projects to accomplish the facilities capital plan goals. These shall be prioritized and set to a timeline. Estimated costs for each project shall be provided as each project nears the projected date scheduled. The project list will be reviewed and updated on an annual basis to coincide with the County budget process. Budget: The County of Schuyler shall set a cap on the facilities capital budget of $1,000,000. Annual funding of this account shall be by the Treasurer transferring $200,000 fund balance to the reserve account. Implementation:  Annual review of budget and project list will be conducted by the County Administrator and the Public Works Committee.  The County Administrator and Building Maintenance Supervisor will make recommendations to the Public Works Committee as to which projects shall proceed. Availability of grant money may influence priorities.  Upon Public Works Committee approval, standard Legislature procedures will be followed. VOTE: Passed 7-0. RESOLUTION NO. 28 Motion by Bingell, Second by Bleiler. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RE: AUTHORIZE ADDITIONAL FUNDING FOR THE FACILITIES AND GROUNDS CAPITAL RESERVE ACCOUNT FOR 2005 – BUILDINGS AND GROUNDS WHEREAS, there are several capital projects slated to be done in the year 2005, and WHEREAS, the Facilities and Grounds Capital account funding and implementation policies have been adopted, and WHEREAS, said policy directs the Treasurer to place $200,000 from fund balance annually into the Facilities and Grounds Capital Reserve, and WHEREAS, the slated capital projects for 2005 exceeds the annual funding for this fiscal year. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer an additional amount of $207,000 from fund balance to the Facilities and Grounds Capital Reserve. VOTE: Passed 7-0. RESOLUTION NO. 29 Motion by Larison, Second by Bingell. RE: SET POLICY FOR VOICE AND DATA COMMUNICATIONS EQUIPMENT CAPITAL RESERVE WHEREAS, Resolution 464-00 authorized the creation of “Voice and Data Communications Equipment Reserve Fund”, and WHEREAS, the fund has not been activated nor policies set to govern the funding and use of funds. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the following Voice and Data Communications Equipment Capital Plan to be implemented with 2004 fund balance. Schuyler County Voice and Data Communications Equipment Capital Plan Goals/Purpose:  Recognize that the Voice and Data Equipment owned by Schuyler County is a major asset, which regularly needs improvement and updating to keep pace with the ever-changing technology.  Voice and Data Equipment improvements often lead to improved operations and maintenance costs.  A Voice and Data Equipment account with money set aside on a regular basis would minimize financial impact on the county budget and save interest and fees associated with borrowing.  To forecast equipment needs as accurate as possible using industry standards, historical background, and present conditions.  Planning will provide a time period to search for any applicable grants that could be used in conjunction with the capital fund. Responsibility: The County employee and/or Contract person in charge of Voice and Data Communications will develop a list of projects or equipment to keep the Voice and Data networks current and in good operating condition. These shall be prioritized and set to a timeline. Estimated costs for each project shall be provided as each project nears the projected date scheduled. The project list will be reviewed and updated on an annual basis to coincide with the County budget process. Budget: The County of Schuyler shall set a cap on the Voice and Data Communications Equipment budget of $500,000. Annual funding of this account shall be by the Treasurer transferring any unused budget funding and/or revenues that exceed the budget in accounts 1610 Central Services/Telephones and 1680 Information Technology Services. Implementation:  Annual review of budget and project list will be conducted by the County Administrator and the appropriate Legislative Committee.  The County Administrator and County employee and/or contract person will make recommendations to the appropriate Legislative Committee as to which projects to proceed. Availability of grant money may influence priorities.  Upon the appropriate Legislative Committee’s approval, standard Legislature procedures will be followed. VOTE: Passed 7-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RESOLUTION NO. 30 Motion by Larison, Second by Bingell. RE: AUTHORIZE BID PROCESS AND CONTRACT FOR REPLACEMENT OF COURT ROOM LIGHTS – BUILDINGS AND GROUNDS – AS AMENDED BY RESOLUTION NO. 56-05 WHEREAS, the lighting in the Honorable William N. Ellison Court Room is old and provides inadequate lighting, and WHEREAS, funding has been provided by the Office of Court Administration to replace said lighting. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be hereby authorized to advertise for bids to replace the Court Room lighting, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor be further authorized to accept the lowest bid to meet time constraints, and that the Chairman of the Legislature be hereby authorized to sign an agreement with said bidder in an amount not to exceed $39,000, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 31 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT WITH BARTON & LOGUIDICE FOR ENGINEERING DESIGN FOR COUNTY ROUTE 5 FEDERAL AID BRIDGE REPLACEMENT PROJECT – HIGHWAY DEPARTMENT WHEREAS, the replacement of BIN 3332370; PIN 6753.48, CR 05 over Tug Hollow Creek is a Federal-aid eligible project, and WHEREAS, there is money available in the 2005 budget account no. 5020.400 to pay for the engineering. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to retain Barton & Loguidice for engineering services for the replacement of CR 05 Bridge over Tug Hollow Creek, in the amount of $101,000 (local share cost of $5,050, State aid is $80,800 and Federal aid is $15,150), subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 32 Motion by Bingell, Second by Larison. RE: AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR THE HIGHWAY DEPARTMENT FOR 2005 WHEREAS, in accordance with Section 103 of General Municipal Law, all purchase contracts involving an expenditure of more than $10,000 and all contracts for public works involving an expenditure of more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this section. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be hereby authorized to advertise for bids for materials and supplies for 2005 and/or participate with the State of New York in its bids, and BE IT FURTHER RESOLVED, that, as in the past, the Towns and Villages of Schuyler County so authorized by County Resolution be allowed to participate in said bids. VOTE: Passed 7-0. RESOLUTION NO. 33 Motion by Bingell, Second by Larison. RE: AUTHORIZE FILLING VACANT FULL-TIME CORRECTION OFFICER POSITION – SHERIFF’S DEPARTMENT WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, Correction Officer William Ward is resigning from the Schuyler County Sheriff’s Department, and it is necessary to fill this position as soon as possible. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill this position effective immediately at an hourly rate of $13.74. . VOTE: Passed 7-0. RESOLUTION NO. 34 Motion by Bingell, Second by Larison. RE: AUTHORIZE FILLING THREE VACANT PART-TIME CORRECTION OFFICER POSITIONS – SHERIFF’S DEPARTMENT WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, there are three part-time correction officer positions vacant in the Schuyler County Sheriff’s Department, and WHEREAS, it is financially prudent to fill part-time positions rather than have full-time officers working overtime. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill the three part-time correction officer positions effective immediately at an hourly rate of $10.99 non-certified and $12.37 certified. VOTE: Passed 7-0. RESOLUTION NO. 35 Motion by Bingell, Second by Larison. RE: DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO EXCEED $1,000 WHEREAS, the State of New York has, pursuant to Sections 554 and 556 of the Real Property Tax Law (RPTL), authorized correction of errors and payment of tax refunds without prior audit for corrections for refunds not exceeding $2,500, and WHEREAS, Schuyler County desires to delegate to the Real Property Tax Services Director (Director) the authority as stated under said law. NOW, THEREFORE, BE IT RESOLVED, that there is hereby delegated to the Director the power to authorize the Schuyler County Treasurer to make payment of any refund or credit of taxes not exceeding the sum of $1,000 without prior audit, as provided in Sections 554(9) and 556(8) of the RPTL for the calendar year of 2005, with the following provisions: 1. That the Director shall comply with all provisions under RPTL Sections 554 and 556 relative to corrections of errors and the refund or credit of taxes. 2. That on or before the 15th day of each month the Director shall submit to the Legislature a report of the corrections, refunds and credits processed by such official during the month, embodying in that report the information as required under aforesaid statute. 3. That in no case shall the total amount of such refund or credit exceed the amount appropriated by the County Legislature. VOTE: Passed 7-0. RESOLUTION NO. 36 Motion by Karius, Second by Yuhasz. RE: APPOINTMENT – INTERIM BUDGET OFFICER FOR 2005 BE IT RESOLVED, that Daryl L. Slusser be appointed Interim Budget Officer for the year 2005 until such time a County Administrator is hired and in place. VOTE: Passed 6-1. No: Larison. RESOLUTION NO. 37 Motion by Karius, Second by Yuhasz. 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. 38 Motion by Karius, Second by Yuhasz. RE: RESOLUTION TO APPROVE APPLICATIONS FOR CORRECTED TAX ROLL – REAL PROPERTY TAX AGENCY WHEREAS, applications for correction of real property taxes have been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for parcels owned by various owners in the towns listed below, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged errors and found that they constitute clerical errors as defined in RPTL Section 550(2)h, and WHEREAS, these errors caused incorrect entries for relevied school taxes on the January, 2005 County Tax Roll, and WHEREAS, it is the recommendation of the Director to approve the applications. NOW, THEREFORE BE IT RESOLVED, that the applications are hereby approved, and BE IT FURTHER RESOLVED, that the tax rolls and warrants be adjusted to reflect the corrections ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 listed below, and BE IT FURTHER RESOLVED, that corrected bills be issued in those amounts, and BE IT FURTHER RESOLVED, that copies of this resolution be sent to the tax collectors in the Towns of Dix, Reading and Hector. Town Parcel ID Owner School Relevy Current Bill Corrected Bill Dix 65.17-2-41 Chicone $ 1,045.00 $ 1,873.20 $ 828.20 Dix 84.00-1-37 Hickey $ 1,507.00 $ 2,919.14 $ 1,412.14 Dix 65.13-3-56 McIntyre $ 1,246.67 $ 2,247.87 $ 1,001.20 Dix 65.09-3-11 Wilkins $ 1,055.99 $ 1,904.06 $ 848.07 Dix 65.54-1-32 Wright $ 1,099.99 $ 1,983.39 $ 883.40 Reading 64.12-1-39.2 Bartone $ 2,400.17 $ 4,623.49 $ 2,223.32 Hector 2.13-1-47 Fausold $ 2,796.85 $ 6,580.72 $ 3,783.87 Hector 22.00-1-19.11 Oakes $ 2,845.99 $ 5,798.28 $ 2,952.29 Hector 21.08-2-1 O’Herron $ 1,354.30 $ 2,771.73 $ 1,417.43 Hector 56.00-1-41 State of NY $ 3,709.61 $ 5,240.14 $ 1,530.53 Hector 56.00-1-42 State of NY $ 1,921.54 $ 2,714.34 $ 792.80 DISCUSSION: Legislator Slusser asked for the reason for all the corrections. Tom Bloodgood explained that these are all relevied school bills. When an owner does not pay their school tax, it goes on the county bill. There were a couple of days in early September when people paid to a lock box and the school never credited the payments. These exceed the $1,000 that he is authorized to correction on his own. He is concerned with taxpayers checking their bills and making sure they are correct. There’s no other way to verify payment. VOTE: Passed 7-0. RESOLUTION NO. 39 Motion by Bingell, Second by Yuhasz. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF CATHARINE WHEREAS, an application for correction of real property taxes has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for parcel 88.00-1-34./1, owned by Fortuna Energy in the Town of Orange, and WHEREAS, the assessment on this parcel was based on an incorrect well report provided by the NYS Department of Environmental Conservation, and WHEREAS, the well was not a functioning well in calendar year 2003, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that it constitutes a clerical error as defined in RPTL Section 550(2)g, and WHEREAS, it is the recommendation of the Director to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due of and that the Treasurer is hereby directed to charge back $6,933.71 to the Town of Catharine, $18,209.27 to the Odessa-Montour Central School District, and $10,095.09 as Uncollected, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Catharine. VOTE: Passed 7-0. RESOLUTION NO. 40 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE FILLING VACANT SENIOR DATA ENTRY OPERATOR POSITION IN SOCIAL SERVICES WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Department’s Senior Data Entry Operator position will become vacant January 10, 2005 due to the incumbent having been promoted to a Social Welfare Examiner position, and WHEREAS, this position is vital for the continued effective operation of the Department, and WHEREAS, this position is approximately 75% reimbursed by the federal and state governments, and WHEREAS, funding for this position has been included in the Department’s 2005 budget, account no. 6010.100-Personal Services. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Social Services be authorized to fill the vacant Senior Data Entry position effective January 11, 2005 at Grade XII at $12.80 an hour. VOTE: Passed 7-0. RESOLUTION NO. 41 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE CSEA ADMINISTRATIVE UNIT FOR CURRENT NURSING POSITIONS WHEREAS, Resolution No. 520-04 authorized a Memorandum of Agreement with the CSEA Administrative Unit for Nursing Positions changing the starting pay rates, and WHEREAS, the County and Union are currently in impact negotiations on the Reclassification/Reallocation study recommendation as set forth by the Personnel Officer, and WHEREAS, the County and Union agree that the currently employed nurses pay rate should be addressed immediately due to the fact that new hires will now be earning more than nurses already on staff, and WHEREAS, the County and Union now wish to document the terms of their agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a Memorandum of Agreement with the Administrative Unit CSEA to allow the current nursing positions to be set at the pay rate as set forth below, effective January 1, 2005: COMMUNITY SERVICES NEW SALARY Jill $19.84/hour PUBLIC HEALTH Elisa Pevo Millspaugh $21.38/hour Jennifer Mehta $20.78/hour Camelia Oswald $22.40/hour Barbara Besley $19.84/hour Christine Keough $20.08/hour VOTE: Passed 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None. PUBLIC PARTICIPATION: None. The Meeting adjourned at 6:48 p.m. Stacy B. Husted, Deputy Clerk REGULAR MEETING FEBRUARY 14, 2005 The February 14, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Paul Marcellus from the Colonial Motel said he is not sure where the room tax increase issue stands, but would like to address some things tonight. He noted some of the cost of living increases everyone is faced with: the cost of gasoline is up 12.25%, they are faced with a 2% assessment evaluation for the Business Improvement District and with the minimum wage hikes. In his case it costs him something to be here right now. He recalls Legislator Bleiler saying that he feels obligated to the other 18,000 taxpayers in the county. His real property taxes are about $10,000 a year, and that is for seven-rooms and a home. His tax bill is at least three times more than the average homeowners. He asked the Legislature why the are considering this when they are in good shape financially. They have expressed, repeatedly, that their business will be hurt. He feels it is proper to fund the Tourist Promotion Agency (TPA) like it has been done for decades. Every dollar spent brings back $20. It is getting better all the time. He again questioned the additional tax burden and noted that as a whole, small businesses are doing well and people are satisfied. Let’s not put another 2% out there. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Judy Lampman from the Seneca Clipper Inn thanked Legislator Bleiler for trying to do the credit card tax credit and appreciated him trying to find peace in the valley. At the Community Development and Natural Resources (CDNR) Committee meeting on January 21, 2005, Legislator Slusser said he keeps finding that the Governor might help with the wine tax. Why is Legislator Slusser so surprised that they would raise the wine tax and not surprised they are upset over the room tax. Legislator Bleiler was kind enough to look at the Lodging Association web site. They have some unique lodging in this county. Their site shares information about the county in general, the state park, hiking trail, Captain Bills, etc. They are the people who meet the guests. Our web site has had 580,000 hits since last July, 2004. This site was at the expense of the Lodging Association members who dug into their own pockets. Lastly, she asked Chairman Gifford for information on how room tax has been spent over the last ten years. Chairman Gifford said that information is available through the Chamber. She then asked the legislators if they do not have this report, how they could do this and say that the existing room tax and advertising has increased the occupancy of our rooms. Angie Franzese from the Villager Motel asked the Legislators if they have asked the Chamber for this report on room tax. The travel brochure that is out does not include businesses collecting room tax in this county. She asked for a copy of the Chamber budget today and was told to come back when Jim Berg is there. She asked if the Legislature has asked for this information and if they approve of the use of the TPA funds. The small lodging businesses are really struggling. The Town House is again for sale, Tobey’s Bakery has closed. The Business Improvement District (BID) for Watkins Glen is taxing small businesses again. She reminded the Legislators of their voice of opposition at the public hearing. Chris Franzese said the Lodging Association made a presentation at the public hearing, had a number of concerns and felt that members of this body would meet with the association and discuss issues. No member has been elected by us to meet with legislators individually or by a group to discuss these issues. He asked that the Legislature meet with officials of their association before they vote on the local law. Stewart Henry from the Golden Night Inn handed out a copy of the Chamber of Commerce brochure. He noted there is no reference of all lodging associations in this brochure, even those who pay the fee to the TPA. Chairman Gifford stated that the brochure is paid for by advertising funds only. He showed them the directory paid for by the TPA and all businesses are listed. Mr. Henry clarified that the brochure referenced by Chairman Gifford does not promote tourism, it goes to members and local businesses only. The one he handed out with the incomplete list goes to tourists. Judy Lampman stated that at that January CDNR meeting, Kelsey Jones attended with Brian Williams. They discussed unemployment rates and more businesses closing around us. She noted that some brochures in her office produced by a company in Pittsburgh advertise wine tours for the day only. There are ten wineries in Schuyler County. She is all for promoting the wineries, but overnight stays should be part of the package. Jim Franzese said connsidering the latest news of a new hotel coming April 1st, there will be a tremendous amount of rooms in the county. He asked if anyone has looked at that as an increase in revenues. RESOLUTION NO. 42 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE DECEMBER 28, 2004 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the December 28, 2004 Year End Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 43 Motion by Larison, Second by Fagan. RE: AUTHORIZE GRANT APPLICATIONS FOR STATE HOMELAND SECURITY PROGRAM – EMERGENCY MANAGEMENT –AND- LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM – SHERIFF WHEREAS, the New York State Office of Homeland Security offered counties money for Homeland Security Preparedness, and WHEREAS, the Emergency Management Office wishes to apply for funds under the State Homeland Security Program in the amount of $20,000, and WHEREAS, the Sheriff wishes to apply for funds under the Law Enforcement Terrorism Prevention Program in the amount of $10,000, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, these funds are 100% with no local match required. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the State Homeland Security Program and Law Enforcement Terrorism Prevention Program Grants; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 44 Motion by Larison, Second by Fagan. RE: AUTHORIZE APPLICATION FOR BYRNE NARCOTICS GRANT – SHERIFF’S DEPARTMENT WHEREAS, monies are available each year under the Byrne Anti-Drug Funds, and WHEREAS, $22,500 will be made available to Schuyler County with a 25% local match required. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and Schuyler County Sheriff be hereby authorized to accept any approved Byrne Anti-Drug funds and sign any necessary documents for said funds, estimated to be $22,500 with the 25% match money to be taken from funds currently budgeted for anti-drug programs in the Sheriff 2005 budget; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 45 Motion by Larison, Second by Fagan. RE: AUTHORIZE FILLING VACANT A MEAL DELIVERER POSITION AND VACANT ON-CALL MEAL DELIVERER POSITION – OFFICE FOR THE AGING WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Schuyler County Office for the Aging as a vital part of its mission delivers on the average over two thousand home delivered meals to residents of Schuyler County who are sixty years and older, and WHEREAS, there are presently three part time drivers for the Office for the Aging that deliver these nutritious meals, and from time to time due to illness, vacation, or other matters they are unavailable to work, and WHEREAS, to be able to continue to deliver the large number of meals every month it is vital to have an on-call driver and a 20 hour a week driver, and WHEREAS, one 20 hour a week meal deliverer has indicated that he will soon be retiring, and WHEREAS, one of our two present on-call drivers has given notice that she will be leaving her job, and WHEREAS, funds to pay for said positions have previously been budgeted, approved, and provided for by Title III B of the Older Americans Act and the Schuyler County Budget. NOW, THEREFORE, BE IT RESOLVED, that the Office of the Aging Director be hereby authorized to hire one 20 hour a week meal deliverer and one on-call meal deliverer at an hourly rate of $10.40 to replace the present drivers who will be leaving in February 2005. VOTE: Passed 8-0. RESOLUTION NO. 46 Motion by Larison, Second by Bleiler. RE: AUTHORIZE PURCHASE AND SERVICE AGREEMENT WITH SYNERGY - OFFICE FOR THE AGING WHEREAS, the New York State Office for the Aging (NYSOFA) has mandated that various records that are required to be maintained in the provision of services by this Office now be electronically compiled, stored, and transmitted in certain electronic format, and WHEREAS, previous attempts to minimize the expense of such an undertaking by pooling of resources with other county Offices for the Aging have been unsuccessful, and WHEREAS, the software package to be used and that is highly encouraged by NYSOFA is SAMS which is manufactured, sold, and serviced by Synergy, and WHEREAS, monies are available for the purchase of this software, maintenance, and training in the 2005 budget. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all contracts and agreements necessary to carry out the purchase of the software, training, and maintenance of SAMS in the amount of $12,000 for the term of December 29, 2004 through December 29, 2005, said contract subject to approval of the County Attorney and subject to availability of funds. VOTE: Passed 8-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RESOLUTION NO. 47 Motion by Larison, Second by Bleiler. RE: AUTHORIZE CONTRACT RENEWAL WITH FINGER LAKES ADDICTION COUNSELING AND REFERRAL AGENCY (FLACRA) FOR 2005 – SOCIAL SERVICES WHEREAS, the Finger Lakes Addiction Counseling and Referral Agency (FLACRA) has provided a substance abuse Case Manager to the Department of Social Services for the past several years utilizing grant funds they obtained from New York State, and WHEREAS, the FLACRA Case Manager partnered with Children Services Caseworkers on hotline reports of child abuse and/or neglect where alcohol or drug abuse may have been involved by either the parents or the children named in the hotline, and WHEREAS, grant funds are no longer available, and WHEREAS, the Department of Social Services wishes to contract with FLACRA to continue this service, and WHEREAS, the Department has Temporary Assistance to Needy Families (TANF) Service Plan grant funds available, which will pay for approximately 90% of the contract cost until at least June 30, 2005, or longer if the state extends the date, the remainder to be paid out of Preventive Services funds, and WHEREAS, the Department budgeted TANF Service Plan funds (no cost to local taxpayers) as well as Preventive Services funds (65% reimbursed, 35% local share) in the 2005 budget for this service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with FLACRA for the period January 1, 2005 through December 31, 2005 for a substance abuse case manager at a total cost not to exceed $45,000, funding available in the Department’s 2005 budget, with priority of funding being the TANF Service Plan grant funds account no. 6010.552, to be augmented with the Department’s Preventive Services funds account no. 6070.396 if necessary, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 48 Motion by Larison, Second by Bleiler. RE: AUTHORIZE CONTRACT RENEWAL WITH CATHOLIC CHARITIES FOR WATKINS GLEN YOUTH CENTER FOR 2005 – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services has funds available for TANF eligible youths, and WHEREAS, the Watkins Glen Youth Center has enhanced programming in areas of home work assistance, domestic violence prevention and other services for children of or at risk of domestic violence, and WHEREAS, the Schuyler County Department of Social Services wishes to contract with the Catholic Charities (Watkins Glen Youth Center) for these services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract not to exceed $10,000 with Catholic Charities (Watkins Glen Youth Center) for the Department of Social Services for the term January 1, 2005 through June 30, 2005 funding available in the 2005 budget, account no. 6010.522; subject to approval by the County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 49 Motion by Larison, Second by Bingell. RE: AUTHORIZE INCREASE IN FAMILY FOSTER CARE RATES – SOCIAL SERVICES WHEREAS, rates paid to Schuyler County foster parents have not been changed in the past ten years, and WHEREAS, the proposed rates are still less than the maximum rates authorized by New York State, and WHEREAS, funds to cover the increase are contained in the Department’s 2005 budget, account no. 6109.400 and 6119.400. NOW, THEREFORE, BE IT RESOLVED, that the following daily foster care rates are adopted effective March 1, 2005: MAXIMUM STATE AGE GROUP FROM TO AID RATE (MSAR) 0-3 years $11.75/day $12.77/day (diapers incl.) $13.78 4-5 years $10.20/day $11.22/day $13.78 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 6-11 years $11.50/day $12.65/day $16.57 12-15 years $13.40/day $14.74/day $19.17 16 years+ $13.40/day $14.74/day $19.17 Special Rate $20.55/day $24.66/day $33.11 Exceptional Rate $30.35/day $36.42/day $50.14, and BE IT FURTHER RESOLVED, that the annual clothing rates, which are paid in three equal installments in April, August, and December, be reduced as follows to be in line with the current maximum state rates: AGE GROUP FROM TO 0-5 years $312/annually $303/annually 6-11 years $438/annually $423/annually 12-15 years $672/annually $657/annually 16+ $825/annually $804/annually VOTE: Passed 8-0. RESOLUTION NO. 50 Motion by Larison, Second by Bingell. RE: AMEND THE ADOPTED 2005 SALARY SCHEDULE WHEREAS, a Cost of Living Adjustment for the Personal Secretary to the Legislature was erroneously omitted from the adopted 2005 Salary Schedule, and WHEREAS, there were a number of $.01 errors due to a rounding malfunction in the software. NOW, THEREFORE, BE IT RESOLVED, that the Schedule of Salaries for 2005, as on file, be amended effective January 1, 2005. VOTE: Passed 8-0. RESOLUTION NO. 51 Motion by Larison, Second by Bingell. RE: AUTHORIZE CREATION OF RESERVE FUND FOR CENTRAL GARAGE VEHICLES AND APPROPRIATE FUND BALANCE THERETO BE IT RESOLVED, that pursuant to Section 6-c of the General Municipal Law, as amended, the Schuyler County Legislature does hereby establish a Capital Reserve Fund entitled “Central Garage Vehicles” to finance the purchase of new vehicles. The Chief Fiscal Officer is hereby directed to deposit monies of this reserve in a separate bank account to be known as the “Central Garage Vehicles” Reserve Fund. The Chief Fiscal Officer is hereby authorized to invest from time to time, the monies of this fund pursuant to Section 6-f of the General Municipal law. No other expenditure shall be made from this fund, except upon authorization from this legislative body pursuant to Section 6-c of the General Municipal Law. Goals/Purpose: Recognize that vehicles owned by Schuyler County are major assets, which regularly need replacement and maintenance as set forth in Central Garage Policies and Procedures adopted by the Legislature per Resolution No. 382-03. Responsibility: The County Highway Superintendent will develop a list of vehicles to be replaced on an annual basis along with each vehicle’s estimated cost to coincide with the County budget process. Budget: The County of Schuyler shall appropriate $110,500 from fund balance to allow for the purchase of vehicles for the 2005 fiscal year. Thereafter, annual funding of this account shall be by the Treasurer transferring any unused budget funding in account 1640 Central Garage and/or revenues from the sale of vehicle(s). Implementation:  Annual review of budget and vehicle list will be conducted by the County Administrator and the appropriate Legislative Committee.  The County Administrator and County Highway Superintendent will make recommendations to the appropriate Legislative Committee as to which vehicles to purchase. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194  Upon the appropriate Legislative Committee’s approval, standard Legislature procedures will be followed. VOTE: Passed 8-0. RESOLUTION NO. 52 Motion by Bingell, Second by Yuhasz. RE: ACCEPT PROPOSAL FROM HUNT ENGINEERS FOR COUNTY ROUTE 16 BRIDGE REPLACEMENT DESIGN – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for design services for the replacement of County Road 16 Bridge; BIN 3332650, Town of Orange, and WHEREAS, Hunt Engineering has proposed engineering services for the design of the CR-16 Bridge replacement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature hereby accept the proposal price from Hunt Engineers in an amount not to exceed $26,500, funds available in the 2005 County Road budget account no. 5020.400, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to retain Hunt Engineers for engineering services for the replacement of CR-Bridge; contract subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 53 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE ADVERTISEMENT FOR EQUIPMENT – HIGHWAY DEPARTMENT WHEREAS, in accordance with Section 103 of General Municipal Law, all purchase contracts involving an expenditure of more than $10,000 and all contracts for public works involving an expenditure of more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this section, and WHEREAS, funding is available in the 2005 Machinery budget for the purchase of the following equipment: a. 1-One Ton 4X2 Dump Truck b. 1-Loader c. Shoulder Machine. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be hereby authorized to set specifications and to advertise for bids on the preceding equipment that are non-state contract items. VOTE: Passed 8-0. RESOLUTION NO. 54 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS AND SURVEYORS FOR SENECA HARBOR PARK PHASE III PROJECT – BUILDINGS AND GROUNDS WHEREAS, Seneca Harbor Park and the lake front area in general is a very popular place for both local residents and visitors to Schuyler County, and WHEREAS, parking in the lake front area inadequately accommodates peak season needs, and WHEREAS, paving and striping the remaining parking area in Seneca Harbor Park will improve the parking conditions for all. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with Hunt Engineers, Architects and Surveyors in the amount of $17,000.00 for design work, bid documents, topographical surveying and construction supervisors upon approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that funding is available in the Capital reserve account 004.0004.0878. VOTE: Passed 8-0. RESOLUTION NO. 55 Motion by Bingell, Second by Larison. RE: AUTHORIZE SEASONAL RATES FOR MARINA – BUILDINGS AND GROUNDS WHEREAS, the Public Works Committee has approved and submitted to this Legislature Schamel Brothers' proposed Rate Schedule for its consideration and approval, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, that this Legislature has considered and concurs with the Public Works Committee's recommendation to accept the proposed rates. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the following as the Village Marina's 2005 Seasonal Rate Schedule for its 145 available slips: 2005 SUMMER RATES SLIP WIDTH SLIP FEE WATER & ELECTRIC 8' wide $1,090.00 $100.00 10' wide $1,115.00 $100.00 12' wide $1,150.00 $100.00 14' wide $1,240.00 $100.00 16' wide $1,340.00 $100.00 20 amp Service $100.00 30 amp Service $150.00 Dry Docking w/unlimited use of launch ramp $450.00 2005 TRANSIENT DOCK Without Electric Per hour $ 2.00 Per day $ 40.00 Per week $175.00 Per month $600.00 LAUNCHING RAMP FEES $4.00 per Launch (Tenants: no charge) Unlimited Usage (October 31 through March $45.00 TRUCK CRANE Seasonal Tenants $65.00 per usage plus tax Non-Tenants $75.00 per usage plus tax WINTER STORAGE RATES AT THE DOCK: $15.00 per foot (use of bubbler system is allowed with electrical charges billed additionally) ON LAND: $8.00 per foot HAULING OUT: $3.50 per foot each way MISCELLANEOUS RATES AND CHARGES PUMP OUT: $4.00 per pump out for tenants; $5.00 per pump out for non-tenants TRAILER/CRADLE FEE: Minimum of $30.00 includes handling and storage VOTE: Passed 8-0. RESOLUTION NO. 56 Motion by Bingell, Second by Larison. RE: AMEND RESOLUTION NO. 30-05 AND AMEND 2005 BUDGET – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 30-05 authorized the Building Maintenance Supervisor to go out to bid for Court Room lights, and WHEREAS, the bids have been received for the installation of new Court Room lights with the cost being $3,000.00 more than allocated for in the budget, and WHEREAS, the Office of Court Administration has agreed to amend the state aid in the amount of $3,000.00 to offset the additional cost. NOW, THEREFORE, BE IT RESOLVED, that Resolution 30-05 be amended to read “an amount not to exceed $39,000.00” instead of $36,0000.00 and, BE IT FURTHER RESOLVED, that the Buildings and Grounds budget account no. 1620.589- Courthouse Projects and account no. 1620-3021-Court Facilities Aid be increased by $3,000.00. VOTE: Passed 8-0. RESOLUTION NO. 57 Motion by Bingell, Second by Larison. RE: AUTHORIZE PAYMENT OF SUBCONTRACTORS FOR DISTRICT ATTORNEY’S CAPITAL PROJECT - BUILDINGS & GROUNDS ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 WHEREAS, the Buildings and Grounds Department is remodeling the District Attorney’s office, and certain work is to be completed by subcontractors, and WHEREAS, funding for said project has been budgeted for in the Facilities and Grounds Capital Reserve account, and WHEREAS, pursuant to Resolution No. 27-05 establishing the policy and procedure for accessing the Facilities and Grounds Capital Reserve funds, legislative approval is hereby required for payment. NOW, THEREFORE, BE IT RESOLVED, that the Buildings Maintenance Supervisor be hereby authorized to pay the following subcontractors from the Facilities and Grounds Reserve Fund, account no. 004- 0004-0878: SUBCONTRACTOR ITEM AMOUNT Montour Glass and Mirror Windows $ 2,758.77 The Refrigeration Company A/C Units $ 9,945.00 VOTE: Passed 8-0. RESOLUTION NO. 58 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE FILLING VACANT NURSE POSITION - COMMUNITY SERVICES WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Schuyler County Mental Health Clinic has one full-time Senior Registered Professional Nurse position and one full-time Registered Professional Nurse position, both of which are vacant, and WHEREAS, it is the request of the Director of Community Services/Public Health that he be given the ability to hire one or the other of these positions, whichever is most easily recruited, but not both. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of Community Services/Public Health to fill either a full-time Senior Registered Professional Nurse position at $19.74 per hour, or a Registered Professional Nurse position at $18.92 per hour, for the Mental Health Clinic, funding being available in the 2005 budget. VOTE: Passed 8-0. RESOLUTION NO. 59 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE ADVERTISING AND FILLING OF ASSISTANT WATERSHED INSPECTOR POSITION - PUBLIC HEALTH WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Schuyler County Public Health has one vacant Assistant Watershed Inspector position, which needs to be filled. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of Community Services/Public Health to fill the vacant Assistant Watershed Inspector position, 25 hours per week, at the grade XV, at $13.58 per hour in Public Health, funding being available in the 2005 budget. VOTE: Passed 8-0. RESOLUTION NO. 60 Motion by Fagan, Second by Yuhasz. RE: RECOGNIZE MARCH AS NATIONAL NUTRITION MONTH® 2005 - PUBLIC HEALTH WHEREAS, National Nutrition Month® is a nutrition education and information campaign sponsored annually by the American Dietetic Association, and WHEREAS, the campaign is designed to focus attention on the importance of making informed food choices and developing sound eating and physical activity habits, and WHEREAS, National Nutrition Month® reinforces the importance of nutrition as a key component of good health, along with physical activity. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes March as National Nutrition Month® and supports Schuyler County residents in their efforts to maintain a healthy weight, increase their activity level and balance food choices with their lifestyles. VOTE: Passed 8-0. RESOLUTION NO. 61 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH INTEGRITY NETWORKING SYSTEMS, INC. FOR COMPUTER SERVICES FOR 2005 – HEALTH SERVICES ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, the Public Health and Community Services departments have contracted with Integrity Networking Systems for the past several years for computer services involving network administration, security, and systems maintenance, and WHEREAS, Integrity Networking Systems has extensive knowledge of the computer systems unique to the Public Health and Community Services departments and there continues to be a need for their services to maintain and upgrade these systems, and WHEREAS, it is understood that Danica Computing is the primary IT source and Integrity Networking Systems will not be utilized unless Danica Computing is unable to provide the required services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Integrity Networking Systems, Inc. for the provision of computer services in the amount of $9,000, funds available in the 2005 budget, $5,000 in account no. 4310.435 and $4,000 in account no. 4010.532, for the term January 1, 1005 through December 31, 2005; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 62 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH HEALTH CARE COMPLIANCE ENTERPRISE, LLC FOR CONSULTATION SERVICES FOR 2005 – COMMUNITY SERVICES WHEREAS, Health Care Compliance, LLC has contracted with the Community Services Department to provide consultation with regard to developing and maintaining regulatory compliance for several years, and WHEREAS, the area of regulatory compliance is one which requires ongoing monitoring and training, and WHEREAS, Health Care Compliance has increased its hourly rate effective January 1, 2005 from thirty dollars per hour ($30.00) to thirty-five dollars ($35.00) per hour. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Health Care Compliance, LLC for consultation services for the period January 1, 2005 through December 31, 2005, at an hourly rate of $35.00, the total amount of the agreement not to exceed $7,150, such amount provided for in the 2005 Mental Health budget, account 4310.435, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 63 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE RENEWAL AGREEMENT WITH GLOBALSTAR USA, LLC FOR SATELLITE PHONE SERVICE FOR 2005 – PUBLIC HEALTH WHEREAS, Schuyler County Public Health currently contracts with Globalstar USA, LLC for satellite phone service as required for Bioterrorism preparedness, and WHEREAS, renewal of this agreement is necessary to continue the service and avoid disruption of this alternate communication device in case of a public health emergency. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to renew the agreement with Globalstar USA, LLC for satellite phone service, at an annual cost not to exceed $3,000, funds available in the 2005 Public Health budget, account no. 4010.400 and 4010.400-4029, for the term January 1, 2005 through December 31, 2005; subject to the approval of the County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 64 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPLICATION FOR A MINI GRANT FROM THE NATIONAL YOUTH COURT CENTER FOR NATIONAL YOUTH SERVICE DAY-APRIL 15-17, 2005 – YOUTH BUREAU WHEREAS, the National Youth Court Center will award mini-grants in the amount of $250 to the first 60 youth courts that meet the eligibility requirements, submit the completed application and agree to the specified terms, and WHEREAS, the eligibility requirements are that the service project will take place during April 15-17, 2005, at least 20 youth volunteer and/or youth court respondents will be involved in the project and the funds are used only for purchasing materials needed to complete the project, and WHEREAS, the funds will be used for materials to build non-perishable food drop bins, working in ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 conjunction with the Schuyler Outreach Food Pantry. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned application for the National Youth Court Center Mini Grant and any subsequent contracts, subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 65 Motion by Larison, Second by Bingell. RE: INCREASE THE REASONABLE AND NECESSARY ALLOWANCE FOR MORTGAGE TAX “HIRE OF CLERKS” EXPENSES – COUNTY CLERK WHEREAS, pursuant to Section 261 and 262 of the Tax Law, subject to the approval by the Tax Commission, recording officers are entitled to receive all necessary expenses incurred for the purpose of administration of mortgage taxes, and WHEREAS, the necessary expenses have risen since the last approval for expenses was given in 1991 for the sum of $18,024 per annum. NOW, THEREFORE, BE IT RESOLVED, that the sum of $35,040 per annum be hereby determined as the necessary and reasonable allowance to be received by the Recording Officer of the County of Schuyler for the purpose of administering mortgage taxes, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature forward copies of this Resolution to the County Clerk and Treasurer, and two certified copies to the State Tax Commission. VOTE: Passed 8-0. RESOLUTION NO. 66 Motion by Larison, Second by Bingell. RE: ONE-YEAR APPOINTMENTS – AMENDED BY RESOLUTION NO. 310-05 BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2005 through December 31, 2005, to wit: FINGER LAKES RESOURCE, CONSERVATION & DEVELOPMENT COUNCIL, INC. Jim Ochterski INTER-COUNTY ASSOCIATION OF WESTERN NEW YORK Thomas M. Gifford Glenn R. Larison Stacy B. Husted BARGAINING UNIT COMMITTEES County Administrator and Human Resources Director – Co-Chief Negotiators Appropriate Jurisdictional Committee Chairs CHILD CARE COORDINATING COUNCIL Sharon S. Bingell LOCAL EARLY INTERVENTION COORDINATING COUNCIL David Lambert, NYS Dept. of Health Camille Meeks, WGCS District Kate Merrill, OMCS District Erik Miller, Provider Michelle Myers, Provider Laurie Hanlon, Provider Beverly Clickner, Social Services Arnab Bagchi, Mental Health Nancy Blencowe, Parent JoAnn Carson, Parent Nancy St. Julien, Parent Christine Keough, Parent Michelle Pardee, Parent Pauline Heath, Parent Ken Seaman, Parent ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 Marcia Early Intervention Official Peggy Tomassi, Child Care JoAnn Fratarcangelo, Youth Bureau Michael Yuhasz, Legislator FIRE SAFETY ADVISORY BOARD Mike McClernon/Tim Hudson – Beaver Dams Jason Kelly/Curt Connelly – Burdett Richard Robertson/William Ward – Mecklenburg Ron Ames, Jr./Larry States – Monterey Paul Cartwright/Jim Ryan – Montour Falls Robert Franklin/Todd Thoman – Odessa Eric Anderson/Al Buckland – Tyrone Mike Hicks/John Mason – Valois-Logan Hector Robert DeDominick/Charles Smith, Sr. – Watkins Glen Glenn Larison – Legislator PROFESSIONAL ADVISORY COMMITTEE William Weiss, Social Services Terry, MD, Medical Director Elizabeth Hayes, Member at Large Doolittle, Member at Large M. Shawn Rosno, Mental Health Deputy Director Marcia Deputy Director Public Health Michael Yuhasz, Legislator Michelle Myers, Schuyler Hospital Therapy Robert Dunphy, Director Office for the Aging Ruth Bedient, Member at Large Jill Mental Health Rita Tague Mary Galvin Shannon Slater Jane Aniskevich Judy Delgotto Shannon Cunningham Sarah Mathews Thomas M. Gifford, Chairman of Legislature SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD Kelsey Jones EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE Charles Franzese Engineer Thomas Gifford, Chairman of the Legislature YOUTH BOARD Charlotte Harer Judah Baker Brandon March Tyler Crainey VOTE: Passed 8-0. RESOLUTION NO. 67 Motion by Bingell, Second by Larison. RE: TWO-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2005 through December 31, 2006, to wit: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 LAW LIBRARY BOARD OF TRUSTEES Michael A. Yuhasz, Legislator ENVIRONMENTAL MANAGEMENT COUNCIL Richard Owlett, Catherine Benjamin Dickens, Hector John Q. Smith, Montour Richard Hurley,Co-Chair, Orange Henry Schriefer, Reading Frank Spena, Watkins Glen, Irene Brown, MemberAt Large Kate Batholemew, Vice Chair, MemberAt Large Patti Butler, Secretary, Member At Large James Howell, Watershed Michelle LaDue Benjamin,County Planning Ed Gates, Planning Commission Elaine Soil & Water FISH & WILDLIFE MANAGEMENT BOARD Dana Sgrecci, Landowner PLANNING COMMISION John Q. Smith, Town of Montour Jeff Greuber, Village of Odessa Al White, Town of Hector Wayne Weber, Village of Watkins Glen Nancy Whipple, Town of Orange Richard Owlett, Town of Catherine Ed Gates, Farming/Chair Linda Arcangeli, Village of Burdett (replacing Janice Arcangeli-Niera) Bill Kelly, Medical VOTE: Passed 8-0. RESOLUTION NO. 68 Motion by Bingell, Second by Larison. RE: THREE-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2005 through December 31, 2007, to wit: SOIL AND WATER CONSERVATION BOARD Anthony Specchio, Member at Large WORKFORCE DEVELOPMENT BOARD Jeff Grueber YOUTH BOARD Rona Alexander, Probation Rebecca Bacon, Sherrif’s Department SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY Kevin Murphy John Prendergast VOTE: Passed 8-0. RESOLUTION NO. 69 Motion by Bingell, Second by Larison. RE: FOUR-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2005 through December 31, 2008, to wit: ALCOHOLISM AND SUBSTANCE ABUSE ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 Matt Hayden MENTAL HEALTH SUBCOMMITTEES Mike Gehl Bert Pyle COMMUNITY SERVICES BOARD Michael Gehl Robert Burnside Matt Hayden Richard Schockner MENTAL RETARDATION/DEVELOPMENTAL DISABILITIES Richard Schockner Robert Burnside VOTE: Passed 8-0. RESOLUTION NO. 70 Motion by Fagan, Second by Bingell. RE: LOCAL LAW INTRO. NO.1/LOCAL LAW NO. OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. of the year 2005, in the form hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on February 28, 2005 at 9:30 a.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY, followed by a Special Meeting of the Legislature to consider adoption thereof. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 2005 BE IT ENACTED, by the Schuyler County Legislature of the County of Schuyler, New York, as follows: Section 1. By Local Law No. 12-2000, this Legislature authorized an applicant for the designation of an Economic Development Zone relative to certain land within Schuyler County. Section 2. That Local Law No. 1-2001, adopted January 30, 2001, amended Local Law 12-2000. Section 3. That the County of Schuyler has received Economic Development Zone approval from New York State. Section 4. By Local Law No. 1-2003, adopted on February 27, 2003, the Economic Development Zone was expanded. Section 5. By Local Law No. 2-2004, adopted on June 14, 2004, amended Local Law 1-2003. Section 6. It is the desire of this Legislature to authorize an application to revise the Economic Development Zone, now called an Empire Zone, to include acres located in Schuyler County and _____acres located in Tompkins County. Section 7. The County of Schuyler is hereby authorized to submit an application to revise the Empire Zone to include the property described in Section 7 of this Local Law. Section 8. The boundary of the Empire Zone, as described in Local Law No. 12-2000, Local Law No. 1-2001, and Local Law 1-2003, shall be expanded to include the properties generally described In Appendix A attached: Section 9. The Commissioner of the New York State Department of Economic Development is hereby requested to revise the boundaries of the Empire Zone in accordance with this Local Law. Section 10. In all other respects, Local Law No. 12-2000, Local Law No. 1-2001, Local Law No. 1- 2003, and Local Law No. 2-2004, shall remain in full force and effect. Section 11. This Local Law shall take effect upon filing in the Office of the Secretary of State. VOTE: Passed 8-0. RESOLUTION NO. 71 Motion by Fagan, Second by Bingell. RE: RESOLUTION ADVOCATING CERTIFICATION OF HAVA-COMPLIANT VOTING MACHINES AND RELATED ELECTION LAW IMPROVEMENTS ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 WHEREAS, free and fair elections provide the backbone of our democracy, and public confidence in the election system is crucial, and WHEREAS, in October 2002, Congress passed the Help America Vote Act (HAVA) to help States replace antiquated and unreliable voting systems and make voting accessible to people with disabilities, and WHEREAS, New York State has yet to specify the details of its compliance with HAVA, but must act expeditiously or risk losing federal funding, and WHEREAS, as it considers voting issues related to HAVA, the State Legislature should use the opportunity to consider additional election reform, and WHEREAS, locally we have studied and gathered information that we believe can help inform our State Legislature in its deliberations on these issues, and WHEREAS, optical scanners (paper ballot/election-district-based optical scan voting systems) are the most reliable, user-friendly and cost-effective technology, and can be supplemented with adaptive ballot marking devices that render this system usable by people with disabilities. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the New York State Assembly, Senate, and Governor to certify optical scanning machines as the HAVA-compliant machine of choice for New York State, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges the New York State Assembly and Senate during conference committee to incorporate the following:  If other than optical scanning systems are certified, all voting systems must produce a voter- verified permanent paper record for use in manual audits and recounts. This requirement means that any system must include a ballot that each voter would verify as accurate and that would be reserved in a secure manner for later use in a recount;  If other than optical scanning systems are certified, all voting systems must be equipped with adaptive devices, so persons with visual and other disabilities can use the same system that will still provide a voter-verified paper ballot;  Ban the use of undisclosed software and wireless communications devices in systems for voting and the tabulation of vote totals;  Require election-district-level tabulation and public posting of each election-district's results at each polling place when the polls close;  Require mandatory, random surprise audits in not less than 3.0 percent of election districts in each county, and BE IT FURTHER RESOLVED, that our election process be further improved by:  Allowing absentee balloting without requiring an excuse (joining the twenty-five other states that do so), and BE IT FURTHER RESOLVED, that this Legislature requests that New York State's HAVA implementation plan be amended in accordance with the above-bulleted list in a timely manner so that New York State will have sufficient time to receive Federal monies and purchase appropriate equipment, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to President George W. Bush, Senators Charles Schumer and Hillary Clinton, Congressmen John R. Kuhl, Jr., Governor George Pataki, HAVA Conference Committee members, State Senator George H. Winner, Jr., State Thomas F. O’Mara, Deputy Executive Director, New York State Board of Elections, Peter Kosinski, Inter-County Association of Western New York and New York State Association of Counties. VOTE: Passed 8-0. RESOLUTION NO. 72 Motion by Fagan, Second by Bingell. RE: AUTHORIZE LETTER AGREEMENT BETWEEN THE COUNTY OF SCHUYLER AND THE WATKINS MONTOUR ROTARY CLUB, INC. WHEREAS, Resolution No. 438-03 authorized the establishment of and funding for a sesquicentennial committee, and WHEREAS, the County and Rotary agreed to produce and conduct a joint program and to share equally the expenses and profits thereof, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, said program was conducted and produced net profits in the amount of $1,693.50 as detailed in the agreement. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the disbursement and equal distribution of funds earned in the manner above-described with the Watkins Montour Rotary Club, Inc., and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said agreement, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 73 Motion by Fagan, Second by Bingell. RE: ACCEPT BID FOR PROPERTY TAKEN BY TAX DEED – TAX MAP #44.19-1-29 - VILLAGE OF BURDETT WHEREAS, the County Treasurer took tax deed to property located in the Village of Burdett, which did not sell at auction, and WHEREAS, the County Treasurer is in receipt of a bid to purchase the property, and the Treasurer recommends acceptance thereof. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby accepts the bid from Claudine Ciprich Kirk in the amount of $50.00 for property located at 3812 Main Street, Burdett, Tax Map #44.19-1-29, 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 new owner, which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof. VOTE: Passed 8-0. RESOLUTION NO. 74A Motion by Fagan, Second by Bingell. RE: MOTION TO AMEND RESOLUTION NO. 74 BE IT RESOLVED, that the phrase “currently owned by Schamel Brothers” be striken from the fifth Whereas in the Resolution. VOTE: Passed 6-2. Noes: Larison, Karius. RESOLUTION NO. 74 Motion by Bingell, Second by Fagan. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION ALLOWING SCHUYLER COUNTY TO ACCEPT AN IN-KIND REPLACEMENT OF LAND WITHIN SENECA HARBOR PARK – AS AMENDED WHEREAS, the Krog Corporation of 4 Centre Drive, Orchard Park, N.Y. 14127, has advised this Legislature that it intends to develop an 84 room hotel/convention center on lands adjoining Seneca Harbor Park, a county park in Watkins Glen, N.Y., and WHEREAS, such development will be a major economic asset for the entire county, and WHEREAS, the preferred site plan includes an insignificantly small (7,724 sq. ft.) section of park land (map attached) south of the railroad right of way that is part of the Seneca Harbor Park, and WHEREAS, this portion of the park is physically detached from the park by the railroad bed and appears not to be part of the park, and WHEREAS, the Krog Corporation is prepared to replace the parkland thus acquired with an equivalent parcel contiguous with the parkland, and WHEREAS, the regulations of the Office of Parks, Recreation and Historic Preservation specifically contemplate a substitution of equivalent property for parklands alienated. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature to adopt special legislation amending New York State law to allow the Schuyler County Legislature to convey lands as above-described to the Krog Corporation and to receive from said Corporation replacement lands in substitution therefor contingent upon satisfactory compliance with the requirements of the Office of Parks, Recreation and Historic Preservation, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be sent to Thomas F. O’Mara, Senator George H. Winner, Jr., Majority and Minority Leaders, New York State Attorney General, New York State Office of Parks, Recreation and Historic Preservation. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 VOTE: Passed 8-0. RESOLUTION NO. 75 Motion by Bingell, Second by Fagan. RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 2005 SETTING THE SALARY FOR THE BUDGET OFFICER WHEREAS, Resolution No. 36–05 appointed Legislator Daryl Slusser as Interim Budget Officer until such time as a County Administrator is hired and in place, and WHEREAS, it is the recommendation of the Legislative Chairman that he be compensated for his responsibilities as Budget Officer until such time as a County Administrator is hired, and WHEREAS, the County Treasurer be hereby authorized to transfer $3,000 from Contingency account no. 1990.500 to Budget Officer account no. 1340.100 to pay Legislator Daryl Slusser retroactive to January 1, 2005, and WHEREAS, County Law Section 201 states that any change in compensation of such officer during his/her term be made only by Local Law subject to the provisions of Section 24 of the Municipal Home Rule Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2 of the year 2005 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on February 28, 2005 at 9:35 a.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY, followed by a Special Meeting of the Legislature to consider adoption thereof. LOCAL LAW INTRO. NO. 2 OF THE YEAR 2005 A Local Law Setting the Salary for Budget Officer. Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the adjustment of salary for the Budget Officer shall be in the amount of $3,000 effective January 1, 2005. 2. This Local Law shall take effect upon filing in the Office of the Secretary of State. DISCUSSION: Legislator Bleiler said he asked for a list of duties of what would be done by the Budget Officer that would require being paid. Most of the work is done in the last six months of the year. He asked if this would be pro-rated. Legislator Larison feels this should not be done at all with an administrator being hired soon. Legislator Bleiler feels anything that needs to be done now can be done interim by the Management and Finance Committee, not the Budget Officer. Chairman Gifford asked Attorney Coleman if they need a Budget Officer. Attorney Coleman said they do not have to have one, the statute says you may appoint one, but you do not have to have one. Legislator Slusser said the board already appointed him as Budget Officer, so they would have to rescind that Resolution. Legislator Fagan said there is already one department head questioning the Performance Based Budget and needs answers. That should be done early on in the year. Legislator Larison asked if that is part of the Budget Officer’s job? Legislator Fagan feels regarding the Performance Based Budget, it is obvious. Legislator Bleiler said he would move under New Business to agree to use the Performance Based Budget for next year and give notice to all department heads. VOTE: Passed 6-2. Noes: Bleiler, Larison. RESOLUTION NO. 76 Motion by Karius, Second by Bingell. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF HECTOR WHEREAS, an application for correction of real property taxes has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for parcel 44.00-1-37.12, owned Elva Roberts in the Town of Hector, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that it constitutes a clerical error as defined in RPTL Section 550(2)(h), and WHEREAS, that error caused an incorrect entry for the relevied school tax on the January, 2005 County Tax Roll, and WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due of $ 2,665.04 and a corrected bill be issued in that amount, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Hector. VOTE: Passed 8-0. RESOLUTION NO. 77 Motion by Karius, Second by Bingell. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOSTANOSKI & EDDY, TOWN OF DIX WHEREAS, application has been made in accordance with Real Property Tax Law (RPTL) Section for parcel 86.00-1-7.112, owned by Leonard Tostanoski and George Eddy, in the Town of Dix, and WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and found that the assessment erroneously included an improvement which was not present on the property, and therefore constitutes an error in essential fact as defined in RPTL Section 550(3)b, and WHEREAS, it is the recommendation of the Director that the application for correction be approved. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the treasurer is hereby authorized to correct the roll and warrant, and to make the appropriate chargebacks to reflect the corrected amounts as listed below: Current Corrected Difference Taxable Rate Due Taxable Rate Due County $55,000 7.175393 $394.65 $6,400 7.175393 $45.92 $348.73 Medicaid $55,000 4.402535 $242.14 $6,400 4.402535 $28.18 $213.96 Town $55,000 3.5575 $195.66 $6,400 3.5575 $22.77 $172.89 FD011 $55,000 1.812271 $ 99.67 $6,400 1.812271 $11.60 $ 88.07 Returned School $493.49 Returned School $117.33 Total $1,425.61 $225.80 $1,199.81 VOTE: Passed 8-0. RESOLUTION NO. 78 Motion by Karius, Second by Bingell. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – BEAVER DAMS UNITED METHODIST CHURCH, TOWN OF DIX WHEREAS, an application for correction of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL) for parcel 104.09-1-12, owned by the Beaver Dams Methodist Church in the Town of Dix, and WHEREAS, the property is owned by a religious organization that is exempt from taxation and special ad valorem levies and special assessments pursuant to RPTL Section 420-a, and WHEREAS, the 2003 county tax bill for this parcel included a relevied school tax of $798.50, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that inclusion of this charge on the tax exempt property constitutes an unlawful entry as defined in RPTL Section 550(7)a, and WHEREAS, it is the recommendation of the Director to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the current tax due, including all fees and penalties accrued be expunged, and that the County Treasurer chargeback the appropriate amount to the Corning City School District. VOTE: Passed 8-0. RESOLUTION NO. 79 Motion by Karius, Second by Bingell. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – HARDICK, TOWN OF TYRONE WHEREAS, application has been made in accordance with Real Property Tax Law (RPTL) Section for parcels 28.00-1-14.211 & 28.00-1-14.213, owned by Russell and Patti Hardick, in the Town of Tyrone, and WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 found that the assessments are erroneous by virtue of the fact that the improvements present on parcel 14.213 were assessed to 14.211, and therefore constitutes an error in essential fact as defined in RPTL Section 550(3)b, and WHEREAS, it is the recommendation of the Director that the application for correction be approved. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the corrected tax amounts are as follows: Russell & Patti Hardick 28.00-1-14.211 Bill # 361 Current: Corrected: Difference Taxable Rate Due County $89,000 7.101864 $632.07 $20,000 7.101864 $142.04 $490.03 Medicaid $89,000 4.360388 $388.07 $20,000 4.360388 $87.21 $300.86 Town $89,000 3.619088 $322.10 $20,000 3.619088 $72.38 $249.72 FD006 $89,000 1.519675 $135.25 $20,000 1.519675 $30.39 $104.86 Returned School $1,033.98 $341.80 Total $2,511.47 $673.82 $1,837.65 Russell & Patti Hardick 28.00-1-14.213 Bill # 363 Current: Corrected: Difference Taxable Rate Due County $4,600 7.101864 $32.67 $60,500 7.101864 $429.66 -$396.99 Medicaid $4,600 4.360388 $20.06 $60,500 4.360388 $263.80 -$243.74 Town $4,600 3.619088 $16.65 $60,500 3.619088 $218.95 -$202.30 FD006 $4,600 1.519675 $6.99 $60,500 1.519675 $91.94 -$84.95 Returned School $78.61 $546.90 Total $154.98 $1,551.25 -$1,396.27 BE IT FURTHER RESOLVED, that the treasurer is hereby authorized to correct the roll and warrant, and to make the appropriate chargebacks to reflect the corrected amounts as listed for parcel 28.00-1-14.211, and BE IT FURTHER RESOLVED, that the property owners are liable for the current tax of $154.98 for parcel 28.00-1-14.213 with the remaining $1,396.27 to be assessed as an omitted tax on next year’s roll. VOTE: Passed 8-0. RESOLUTION NO. 80 Motion by Bingell, Second by Karius. RE: AUTHORIZE TRANSFER OF FUNDS FOR PURCHASE OF PRINTER – TREASURER’S OFFICE WHEREAS, the Treasurer’s Office is in need of a new printer in the amount of $2,256, and WHEREAS, there are no funds available in the equipment line item in the Treasurer’s budget for this purchase. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following transfers: AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO. $1,500.00 1990.500 –Contingency 1325.246-Printer $ 756.00 1680.208-Computer Equipment 1325.246-Printer VOTE: Passed 8-0. RESOLUTION NO. 81 Motion by Larison, Second by Bingell. RE: MOTION TO RESCIND RESOLUTION NO. 13-05 TITLED “LOCAL LAW INTRO. NO. 5 OF THE YEAR 2004/LOCAL LAW NO. OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 3% - AS AMENDED” BE IT RESOLVED, that Resolution No. 13-05 be rescinded. VOTE: Passed 6-2. Noes: Slusser, Karius. RESOLUTION NO. 82A Motion by Bleiler, Second by Bingell. RE: MOTION TO AMEND RESOLUTION NO. 82 BE IT RESOLVED, that Resolution No. 82 be amended to add Section 2A. CREDIT AGAINST TAX to read as follows: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 “2A. CREDIT AGAINST TAX There shall be allowed a credit against such tax in the amount of 4% of the tax due to the reflect administrative expenses of collection and credit card processing charges. This tax credit shall be taken quarterly on returns in such form as the Schuyler County Treasurer shall provide on quarterly return forms to be promulgated hereafter. Credit shall be 4% of the total tax due.” VOTE: Passed 8-0. DISCUSSION: Legislator Fagan said he thought they were putting this on the table because they had lodging business owners in support of the Resolution and questioned Legislator Bleiler. Legislator Bleiler responded that there were four people in favor of moving the effective date to January 1, 2006. The discussion he had included January 1, 2006, with If the Legislature agreed to 3% now, then he would move to increase it to 4% next year. Legislator Larison said there are two people in the audience that are opposed to it. He would like to see it tabled until a proper committee can meet with the lodgers. Legislator Bleiler said any amendments need to be done tonight or another public hearing will have to be held. Motion by Legislator Slusser to raise the tax to no second. RESOLUTION NO. 82B Motion by Larison, Second by Karius. RE: MOTION TO TABLE RESOLUTION NO. 82 – FAILED BE IT RESOLVED, that Resolution No. 82 be tabled. DISCUSSION: Legislator Bleiler asked what for the purpose of tabling, it is just setting a date for the public hearing. VOTE: Failed 3-5. Noes: Bleiler, Yuhasz, Slusser, Fagan, Gifford. RESOLUTION NO. 82 Motion by Larison, Second by Bingell. RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 4% - AS AMENDED WHEREAS, the Legislature requested the New York State Legislature to enact Legislation allowing Schuyler County to increase its Room Tax to and WHEREAS, the State Legislature has granted that request by passing Senate Bill S.3413 and Assembly Bill A. 7348, which Bills were signed into law, and WHEREAS, in order to increase the room tax, Local Law No. 2 of the Year 1988 needs to be amended. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3/Local Law No. of the Year 2005 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on April 11, 2005 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 2005 Local Law No. 2 of the year 1988 is hereby amended as follows: 2. IMPOSITION OF TAX On and after the first day of January 1, 2006 there is hereby imposed and shall be paid a tax of four upon the rent for every occupancy of a room or rooms in a hotel, motel, bed and breakfast or tourist facility having one or more rooms in this County except that the tax shall not be imposed upon permanent resident, or exempt organizations as hereinafter set forth. 2A. CREDIT AGAINST TAX There shall be allowed a credit against such tax in the amount of 4% of the tax due to the reflect administrative expenses of collection and credit card processing charges. This tax credit shall be taken quarterly on returns in such form as the Schuyler County Treasurer shall provide on quarterly return forms to be promulgated hereafter. Credit shall be 4% of the total tax due. All provisions of Local Law No. 2 of the year 1988 not amended hereby shall remain in full force and effect. This Local Law shall take effect upon filing in the office of the Secretary of State as provided by the Municipal Home Rule Law. VOTE: Passed 5-3. Noes: Larison, Bingell, Karius. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RESOLUTION NO. 83 Motion by Larison, Second by Bingell. RE: MOTION TO BRING FOUR RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that four Resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 84 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AMENDMENT TO LEASE AGREEMENT WITH SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY (SCIDA) WHEREAS, Schuyler County has a lease agreement with SCIDA which provides for the leasing of 1.033 acres of lakefront property for public park lands expiring on June 30, 2013, and WHEREAS, the Legislature wishes to extend the lease agreement with SCIDA for another five years. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an amendment to the lease agreement with SCIDA for another five years, making the agreement’s expiration date June 30, 2018; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 85 Motion by Bingell, Second by Bleiler. RE: APPOINTMENT – CHAMBER OF COMMERCE BOARD OF DIRECTORS BE IT RESOLVED, the Schuyler County Legislature hereby approve the appointment of Thomas M. Gifford to the Chamber of Commerce Board of Directors to fill the un-expired term of Michael A. Yuhasz through December 31, 2006. VOTE: Passed 8-0. RESOLUTION NO. 86 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE FILLING VACANT TYPIST/KEYBOARD SPECIALIST POSITION IN SOCIAL SERVICES WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, one of the Department’s Typist/Keyboard Specialist positions will become vacant February 20, 2005 due to the incumbent having been promoted to Senior Data Entry Operator, and WHEREAS, this position is vital for the continued effective operation of the Department since this position acts as one of the two Receptionists for the Department, and WHEREAS, in 2004, there were 11,664 people who were seen by the Receptionists, and the Receptionists took 32,476 telephone calls, which is beyond the capability of one person to handle, and WHEREAS, this position is approximately 75% reimbursed by the federal and state governments, and WHEREAS, funding for this position has been included in the Department’s 2005 budget, account no. 6010.100-Personal Services. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Social Services be authorized to fill the vacant Typist/Keyboard Specialist position effective February 21, 2005 at Grade II at $11.25 an hour. VOTE: Passed 8-0. RESOLUTION NO. 87 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AGREEMENT WITH ADVANTAGE ENERGY, INC. FOR ELECTRICITY – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 216–01 authorized an inter-municipal agreement with Municipal Electric and Gas Alliance (MEGA), and WHEREAS, the County of Tompkins and other municipalities authorized the Municipal Electric and Gas Alliance (“MEGA”) to bid for electricity on their behalf, and WHEREAS, Advantage Energy, Inc., was the lowest responsible bidder, and, WHEREAS, MEGA has entered into a program with Advantage Energy, Inc., and WHEREAS, Section 408-a of the County Law authorizes a County to include in any purchase contract awarded to the lowest responsible bidder authorization permitting any political subdivision in the State to participate, and WHEREAS, the County of Tompkins pursuant to Section 408-a authorized all other political subdivisions in the State to participate in the contract. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 NOW, THEREFORE, BE IT RESOLVED, that Schuyler County hereby authorizes the Chairman of the Legislature to enter into a customer agreement with Advantage Energy, Inc., for electricity; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison said he received a phone call from Senator Winner’s office today that the possibility of obtaining property on Sugar Hill for a radio tower has been sent back to the Department of Environmental Conservation to see if they will transfer the land to us. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:26 p.m. Stacy B. Husted, Deputy Clerk Heather L. Lodge, Personal Secretary SPECIAL MEETING FEBRUARY 28, 2005 The February 28, 2005 Special Meeting of the Schuyler County Legislature was called to order at 9:30 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except Legislator Bleiler who was excused. Assistant County Attorney Morris was excused. PUBLIC PARTICIPATION: None. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE): Chairman Gifford explained the handout (on file) in some detail. Legislator Fagan asked about the Padua property. Barbara Halpin, Empire Zone Coordinator, said they are still waiting to hear how much acreage will be left. The owner proposed to put in three buildings last year, but now is proposing to put in two more. They need a final acreage number. Legislator Fagan asked about Highland Cellars. Barbara said again, they are waiting on some final numbers on that. This is basically a worksheet. This public hearing will keep the project moving along. The local law determines the effective date so that is why they are having the public hearing because it will keep it on a 30-day timeline. We are still going to try to be done by March 31st. Chairman Gifford said there is a group that is going to Albany to lobby on Wednesday from Tompkins County. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 2005 SETTING THE SALARY FOR THE BUDGET OFFICER: Legislator Larison asked if this salary would be pro-rated. Chairman Gifford said yes. Legislator Slusser said there is a need for a Budget Officer. The Clerk read a letter from Professor Sinclair regarding the performance based budget process for this year. Legislator Slusser said he could turn that project over to the Administrator when he or she is on board. RESOLUTION NO. 88 Motion by Larison, Second by Bingell. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. LOCAL LAW INTRO. NO.1/LOCAL LAW NO. OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) 2. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 2005 SETTING THE SALARY FOR THE BUDGET OFFICER 3. AUTHORIZE FILLING HUMAN RESOURCES CLERK POSITION ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 VOTE: Passed 7-0. WITHDRAWN RE: LOCAL LAW INTRO. NO.1/LOCAL LAW NO. OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) - WITHDRAWN WHEREAS, a proposed Local Law Amending Local Law No. 2 of the Year 2004 to Revise an Empire Zone (Formerly Known as an Economic Development Zone) was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held February 28, 2005 at 9:30 a.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. of the Year 2005, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 1/Local Law No. of the Year 2005, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 2005 BE IT ENACTED, by the Schuyler County Legislature of the County of Schuyler, New York, as follows: Section 1. By Local Law No. 12-2000, this Legislature authorized an applicant for the designation of an Economic Development Zone relative to certain land within Schuyler County. Section 2. That Local Law No. 1-2001, adopted January 30, 2001, amended Local Law 12-2000. Section 3. That the County of Schuyler has received Economic Development Zone approval from New York State. Section 4. By Local Law No. 1-2003, adopted on February 27, 2003, the Economic Development Zone was expanded. Section 5. By Local Law No. 2-2004, adopted on June 14, 2004, amended Local Law 1-2003. Section 6. It is the desire of this Legislature to authorize an application to revise the Economic Development Zone, now called an Empire Zone, to include acres located in Schuyler County and _____acres located in Tompkins County. Section 7. The County of Schuyler is hereby authorized to submit an application to revise the Empire Zone to include the property described in Section 7 of this Local Law. Section 8. The boundary of the Empire Zone, as described in Local Law No. 12-2000, Local Law No. 1-2001, and Local Law 1-2003, shall be expanded to include the properties generally described In Appendix A attached: Section 9. The Commissioner of the New York State Department of Economic Development is hereby requested to revise the boundaries of the Empire Zone in accordance with this Local Law. Section 10. In all other respects, Local Law No. 12-2000, Local Law No. 1-2001, Local Law No. 1- 2003, and Local Law No. 2-2004, shall remain in full force and effect. Section 11. This Local Law shall take effect upon filing in the Office of the Secretary of State. RESOLUTION NO. 89 Motion by Bingell, Second by Yuhasz. RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 2005 SETTING THE SALARY FOR THE BUDGET OFFICER WHEREAS, a proposed Local Law Setting the Salary for the Budget Officer was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held February 28, 2005 at 9:35 a.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2/Local Law No. of the Year 2005, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 passage, enactment and adoption of Local Law Intro. No. 2/Local Law No. of the Year 2005, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 2005 A Local Law Setting the Salary for Budget Officer. Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the adjustment of salary for the Budget Officer shall be in the amount of $3,000 effective January 1, 2005. 2. This Local Law shall take effect upon filing in the Office of the Secretary of State. VOTE: Passed 5-1. No: Larison. Abstain: Slusser. RESOLUTION NO. 90 Motion by Larison, Second by Bingell. RE: AUTHORIZE FILLING HUMAN RESOURCES CLERK POSITION WHEREAS, the Human Resources Clerk Certification of Eligibles list has been established and the incumbent is not reachable on the list, and WHEREAS, the appointing authority must hire from the list no later than 60 days from the list being established, and WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions. NOW, THEREFORE, BE IT RESOLVED, that the Clerk to the Legislature (Human Resources Manager) be hereby authorized to fill the Human Resources Clerk position, Grade B of the Management/Confidential Salary Plan, with a hiring range of $24,040 to $30,366, funding available in the 2005 budget. VOTE: Passed 7-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:52 a.m. Gail M. Hughey, Clerk Heather L. Lodge, Personal Secretary SPECIAL MEETING MARCH 9, 2005 The March 9, 2005 Special Meeting of the Schuyler County Legislature was called to order at 10:30 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 91 Motion by Larison, Second by Yuhasz. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. AUTHORIZE APPOINTMENT – SCHUYLER COUNTY ADMINISTRATOR VOTE: Passed 8-0. RESOLUTION NO. 92 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT – SCHUYLER COUNTY ADMINISTRATOR WHEREAS, Local Law No. 3 of the year 1999 established the office of County Administrator for Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoints Timothy M. O’Hearn as Schuyler County Administrator for the term April 11, 2005 through December 31, 2006 at an annual salary of $79,500. VOTE: Passed 8-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 10:37 a.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 REGULAR MEETING MARCH 14, 2005 The March 14, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Acting Chairman Karius. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present, except Chairman Gifford who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Benjamin Dickens, Town of Hector Supervisor, spoke on behalf of the Town Supervisors and Village Mayors. He read a letter addressed to the Legislature expressing their disappointment about the discussion on redistribution of sales tax to the towns and villages. (See letter on file in the Legislative Office.) If this discussion continues, they will make sure their presence is known more often at Legislature meetings. They did receive the letter from the Legislative Chairman Gifford stating that there is no action to be taken at this time and that it is not on the agenda for discussion or action tonight. Robert Lee, Mayor of the Village of Watkins Glen, said along with the sales tax discussion there is a rumor that there is discussion on a county-wide court. He expressed the Village of Watkins Glen’s opposition to this idea. Mary Simiele handed out a resolution from the Schuyler County Lodging Association. She read the resolution aloud. (See Resolution on file.) Teri Rimmers from the Magnolia Place said they have done some research for legislators to have before their next meeting in April. (See research on file.) Tourism is their main concern and they are willing to help the county promote it. They appreciate the legislators help and hope that they review the handout. Judy Lampman said she wished she was more aware of the sales tax discussion the town supervisors mentioned earlier. She feels this meeting is their only opportunity to have a public forum. She read a letter from the President of the statewide lodging association. It discussed sales, room and other taxes. They feel travelers consider price before anything else when visiting. She read some statistics about increased taxes. Studies show that a tax increase will cause about a 2.4 reduction in room sales in visitor spending. They encourage the Legislature to not raise the room tax. Monte Stamp, Town of Reading Supervisor, said if the Legislature takes away our sales tax, there will be an increase in town taxes that would be a considerable high amount. Martin Roberts, Town of Reading Highway Superintendent, said he is here to represent the Town Highway Superintendent’s Association members. He realizes that a majority of the town’s budget goes to highway and maintenance of roads. The Legislature needs to know that if the towns lose their sales tax they would have to make it up somewhere. Either the Legislature raises the property taxes or the town does. He feels the towns are champions of doing more with less. Anne Meehan, bookkeeper for the Town of Reading, said in 2004, as Monte indicated, without sales tax there would be an increase of 106% in town taxes. She explained that the sales tax takes care of wages and benefits for the highway department in the Town of Reading. With the 2005 budget, it would be a 135% increase. They feel they are keeping a close watch on their spending. Cedric Stewart, Town of Orange Supervisor, said this is not a case of them against the Legislature. Let’s explore first without secrets. He feels Legislators should be keeping the towns up to date on the county activities. Dianne Overheiser, Village of Montour Falls Mayor, agreed with most of the comments and on a personal level, would like to see a legislator at their board meetings every month. That way they could hear news first hand, not as rumors. Bob Lee, Village of Watkins Glen Mayor, explained the reason the towns and villages all got together on this was because they are not happy with things being done behind their back. The mortgage tax increase was not communicated to them. That lit the fire and the discussion of the redistribution of sales tax added to it. Sales tax is based on assessed value and does not feel the Village of Watkins Glen gets their fair share now, ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 especially with Walmart. He asked that the Legislature involve the municipalities if this issue to going to be discussed further. Legislator Slusser clarified to the public that they did not take a bigger mortgage tax portion from the towns. They increased the fee to the County Clerk’s office, which collects it. He does not feel they have done something devious. The atmosphere for further discussion of the sales tax is obviously poisoned now and it is not on any agenda for discussion or action. Judy Lampman said she came across some articles from the Governor’s office regarding the exploring of the Empire Zones in June 2002. Chairman Gifford made a statement about the Empire Zones enabling the county to become competitive with other counties. Judy said they now know the Empire Zones have failed until they are renewed. We, as a lodging industry, have said we need a competitive edge. She read other articles from the Star Gazette. She again talked about the job situation in Schuyler County and the business climate on Franklin Street being good. She read from many articles. The Business Improvement District (BID) is taxing business owners in the Village of Watkins Glen too. Grant funds have been spent to study things. Many businesses have gone under while the lodging industry is on the brink of collapsing. She feels if this continues to happen, it would further diminish the sales tax revenue. Angie Franzese commented on the amount of money in the fund balance, feeling the county is in good fiscal shape. Considering that, she questioned why they would be looking at redistribution of sales tax with the municipalities. Legislator Fagan said that there has not been one decent discussion about sales tax and the redistribution thereof on the Legislature. There is a legislator that feels the idea takes it from one pocket to the other. Mary Simiele feels that it does not matter how many petitions are signed or how many opponents show up at these meetings, the increase in room tax will pass anyway. She reminded the Legislature that the constituents are who put you all in office. 7:00 P.M. ENVIRONMENTAL MANAGEMENT COUNCIL 2004 ANNUAL REPORT BY RICHARD OWLETT: Mr. Owlett, Chairman of the Environmental Management Council (EMC), presented the EMC’s 2004 Annual Report. In 2004, Legislator Fagan became an active participant and the committee is aware of the Legislature’s actions and vice versa. In 2004 they had a number of speakers at their meetings. EMC is made up of a wide variety of volunteers representing the entire county. (See annual report on file in the Legislative Office.) RESOLUTION NO. 93 Motion by Larison, Second by Fagan. RE: AUTHORIZE FILLING TWO VACANT PART-TIME DEPUTY SHERIFF POSITIONS – SHERIFF’S DEPARTMENT WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, there are two part-time Deputy Sheriff positions vacant in the Schuyler County Sheriff’s Department, and WHEREAS, there is a new civil service list to select from with trained personnel on the list. NOW, THEREFORE, BE IT RESOLVED, that Sheriff of Schuyler County is hereby authorized to fill the two part-time Deputy Sheriff positions, at a rate of $12.37 an hour, which will have no impact on the budget. VOTE: Passed 7-0. RESOLUTION NO. 94 Motion by Larison, Second by Fagan. RE: AUTHORIZE GRANT APPLICATION FOR THE EMERGENCY MANAGEMENT PERFORMANCE GRANT – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for assistance under the Emergency Management Performance Grant for Federal Fiscal Year 2005 (FFY05), and WHEREAS, this grant provides matching funds to offset current budgeted expenses for certain personnel and administrative functions associated with our local emergency management program, and WHEREAS, the tentative FFY05 allocation for Schuyler County under this planning program is $8,439. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the aforementioned grant funds with the State Emergency Management Office; said documents subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 95 Motion by Larison, Second by Fagan. RE: AUTHORIZE AGREEMENT WITH TECHNOLOGY SOLUTIONS, INC. FOR CHILD CARE IMAGING AND BILL PROCESSING – SOCIAL SERVICES WHEREAS, the Department has been awarded a state grant in the amount of $65,000 for hardware and software to support imaging of child care subsidy client documents as well as the procurement of hardware and software to process child care payments, and WHEREAS, the Department manually processes client documents and payments now, and WHEREAS, the utilization of the hardware and software to be purchased by this grant will significantly enhance worker productivity, effectiveness and efficiency, and WHEREAS, there are no local funds necessary for this project in 2005 but there may be a local share for annual maintenance and update costs starting in 2006 in an amount of $5,000 to $10,000 (0-35% local share estimate), and WHEREAS, funding for this project has been included in the Department’s 2005 budget account no. 6010.435, and WHEREAS, the funds must be spent by July 31, 2005. NOW, THEREFORE, BE IT RESOLVED that the Chairman of the Legislature be authorized to sign a contract with Technology Solutions, Inc., in an amount not to exceed $65,000 for the purchase of hardware and software to image child care subsidy client documents and process child care payments, for the term of March 15, 2005 through September 30, 2005; subject to availability of state grant funds and approval by the County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 96 Motion by Bingell, Second by Larison. RE: AMEND RESOLUTION NO. 176-04 TO CHANGE THE TITLE OF BENEFITS MANAGER/DEPUTY HUMAN RESOURCES MANAGER TO HUMAN RESOURCES ADMINISTRATOR – BENEFITS MANAGER WHEREAS, the Personnel Officer of Schuyler County has deemed that the title of Benefits Manager/Deputy Human Resources Manager should be changed to Human Resources Administrator-Benefits Manager, and WHEREAS, Resolution No. 176-04 acknowledged the title of Benefits Manager/Deputy Human Resources Manager, and also the grade and pay for the position. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby amend Resolution No. 176-04 to acknowledge this change of title only, retroactive to January 1, 2005, and BE IT FURTHER RESOLVED, that the Human Resources Administrator-Benefits Manager has the authority to act for the Clerk of the Legislature/Human Resources Manager only in the area of Human Resources matters. VOTE: Passed 7-0. WITHDRAWN RE: AUTHORIZE CORRECTION FOR INSURANCE BUY-OUT OFFER FOR 2004 - WITHDRAWN WHEREAS, Legislator Yuhasz has indicated that he was not notified of the 2004 Insurance Buy-Out renewal, and WHEREAS, the Legislature is desirous of correcting this error for the year 2004. NOW, THEREFORE, BE IT RESOLVED, that the Human Resources Office be authorized to allow Legislator Michael A. Yuhasz to submit the necessary paperwork and required documentation for the insurance buy-out for the year 2004. RESOLUTION NO. 97 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT EXTENSION WITH THE OFFICE OF NEW YORK STATE PARKS, RECREATION AND HISTORICAL PRESERVATION – BUILDINGS & GROUNDS ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, Resolution 58-03 authorizes a contract for New York State Clean Water/Clear Air Act Funds for Seneca Harbor Park that was to expire March 31, 2005, and WHEREAS, said funds were used for Seneca Harbor Park Phase II construction, and WHEREAS, Phase II construction came in under budget, and WHEREAS, the New York State Parks, Recreation and Historical Preservation has approved the use of the remaining funds to be used on Seneca Harbor Park Phase II work to be done this summer. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a grant contract extension to expire December 31, 2005 with the Office of New York State Parks, Recreation and Historical Preservation; subject to approval of the County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 98 Motion by Bingell, Second by Larison. RE: AUTHORIZE ADVERTISEMENT FOR QUOTES ON WATER SUPPLY CHANGES IN THE COURTHOUSE COMPLEX - BUILDINGS AND GROUNDS WHEREAS, Resolution No. 133-03 authorized engineering work to be done by Hunt Engineers, Architects and Surveyors, and WHEREAS, the engineering work has been completed with the New York State Department of Health approvals, and WHEREAS, funding for said project is available in the 2005 budget capital account no. 004.0004-0878. NOW, THEREFORE, BE IT RESOLVED, that the Buildings Maintenance Supervisor be hereby authorized to advertise for said work to be done. VOTE: Passed 7-0. RESOLUTION NO. 99 Motion by Slusser, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR ASPHALT EMULSIONS – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the second, and final year of a two-year contract renewal option for Asphalt Emulsions, and WHEREAS, the following bidders have agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2005 through March 31, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid extensions: Vestal Asphalt 210 Stage Road Vestal, NY 13850 Central Asphalt 20 Fairground Lane Watkins Glen, NY 14891 Penn Can Asphalt PO Box 6501 Syracuse, NY 13217 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 7-0. RESOLUTION NO. 100 Motion by Slusser, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR BITUMINOUS CONCRETE ASPHALT – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the second and final year of a two-year contract renewal option for Bituminous Concrete Asphalt, and WHEREAS, the following bidders have agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2005 through March 31, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid extensions: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Hanson Aggregates BRD Hanson Aggregates Oaks Corners PO Box 231 Easton, Pa 18044-0231, and Seneca Stone Box 76, CR 121 Fayette, NY 13065 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 7-0. RESOLUTION NO. 101 Motion by Slusser, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR COLD MIX STOCK PILE PATCHING MATERIAL – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 32-05 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on February 17, 2005. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: Vestal Asphalt 210 Stage Road Vestal, NY 13850 Suit-Kote Central Asphalt 20 Fairground Lane Watkins Glen, NY 14891 Seneca Stone PO Box 76 Fayette, NY 13065 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 7-0. RESOLUTION NO. 102 Motion by Slusser, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR GALVANIZED PIPE, FLARED END SECTIONS – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 32-05 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on February 17, 2005. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: Chemung Supply PO Box 527 Elmira, NY 14902 Lane Enterprises, Inc. PO Box 711 Bath, NY 14810 Copies of these bids are available for inspection at the Highway Office VOTE: Passed 7-0. RESOLUTION NO. 103 Motion by Slusser, Second by Bingell. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RE: ACCEPT/REJECT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SAND & SELECT GRANULAR FILL – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the second and final year of a two-year contract renewal option for Gravel, Sand & Select Granular Fill, and WHEREAS, the following bidders have agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2005 through March 31, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid extensions: Hanson Aggregates BRD, Inc. Morgan Logging P.O. Box 231 2427 ST 228 Easton, Pa. 18044-0231, and Odessa, NY 14869 Knight Settlement PO Box 191, Knight Settlement Road Bath, NY 14810, and Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 7-0. RESOLUTION NO. 104 Motion by Slusser, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR GUIDERAIL – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 32-05 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on February 17, 2005. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid: ONLY BID RECEIVED Chemung Supply Corporation PO Box 527 Elmira, NY 14902 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 7-0. RESOLUTION NO. 105 Motion by Slusser, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR ICE CONTROL SAND – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the second and final year of a two-year contract renewal option for Ice Control Sand, and WHEREAS, the following bidders have agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2005 through March 31, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: ALL BIDS ACCEPTED Hanson Aggregates BRD, Inc. P.O. Box 231 Easton, Pa. 18044-0231, and Seneca Stone P.O. Box 76 Fayette, NY 13065 Narde Paving 234 Breesport Road Horseheads, NY 14845 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Knight Settlement PO Box 191, Knight Settlement Road Bath, NY 14810 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 7-0. RESOLUTION NO. 106 Motion by Slusser, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR CRUSHED STONE (LIMESTONE) CRUSHED GRAVEL – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the second and final year of a two-year contract renewal option for Crushed Stone (Limestone) Crushed Gravel, and WHEREAS, the following bidders have agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2005 through March 31, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid extensions: Hanson Aggregates, Inc. P.O. Box 231 Easton, Pa. 18044-0231, and Seneca Stone P.O. Box 76 Fayette, NY 13065 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 7-0. RESOLUTION NO. 107 Motion by Slusser, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR PAVEMENT MARKINGS – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 32-05 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on February 17, 2005. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid from: M & S Stripping Co. 134 Florence Street Mamaroneck, NY 10543 BE IT FURTHER RESOLVED, that the following bids be rejected: Zebra Paint Stripping 365 Second Street N. Hornell, NY 14843 Accent Stripe Inc. 3275 N. Benzing Road Orchard Park, NJ 14127 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 7-0. RESOLUTION NO. 108 Motion by Slusser, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR READY MIX CONCRETE, CONCRETE RETAINING WALL BLOCKS – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the second and final year of a two-year contract renewal option for Ready Mix Concrete, Concrete Retaining Wall Blocks, and WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2005 through March 31, 2006. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid extension: Hanson Aggregates BRD, Inc. P.O. Box 231 Easton, Pa. 18044-0231, and Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 7-0. RESOLUTION NO. 109 Motion by Slusser, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR SIGNS, SIGN POSTS, EXTENSIONS AND SIGN BLANKS – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 32-05 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on February 17, 2005. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids for: Sign Posts and Extensions: Chemung Supply PO Box 527 Elmira, NY 14902 Signs and Sign Blanks: Rocal Inc. PO Box 640 Frankfort, Ohio 45628 BE IT FURTHER RESOLVED, that the following bid be rejected: Eberl Iron 128 Sycamore Street Buffalo, NY 14204-1492 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 7-0. RESOLUTION NO. 110 Motion by Slusser, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR STEEL PIPE, POLYETHYLENE PIPE, GABION BASKETS, STEEL PLATE & SHOP STEEL – HIGHWAY DEPARTMENT WHEREAS, Resolution No.32-05 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on February 17, 2005. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids for: Polyethylene Pipe Used Shop Steel Chemung Supply Corporation PO 527 Elmira, NY 14902 And for Used Steel Pipe: Chemung Supply Corporation PO Box 527 Elmira, NY 14902 Items 2,3,4,5,6,7,8,9,10 & 17 Only Allegany Pipe & Tubular Products 2954 CR 22 Andover, NY 14806 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Items: 1,11,12,13,14,15,16,18,19,20,21 & 22 Only And for Used Bridge Shop Steel: Chemung Supply Corporation PO 527 Elmira, NY 14902 Items 1, 2, 4, 5, 6, & 7 Allegany Pipe & Tubular Products 2954 CR 22 Andover, NY 14806 Items: 1 & 3 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 7-0. RESOLUTION NO. 111 Motion by Slusser, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR TREE REMOVAL – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the second and final year of a two-year contract renewal option for Tree Removal, and WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2005 through March 31, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid extension: Lake to Lake Tree Service 1652 Oakleaf Lane Penn Yan, NY 14527 Copies of this bid are available for inspection at the Highway Office. VOTE: Passed 7-0. RESOLUTION NO. 112 Motion by Bingell, Second by Yuhasz. RE: ACCEPT BID FOR ONE SHOULDER WIDENER – HIGHWAY DEPARTMENT WHEREAS, the Highway Department is in need of a Shoulder Widener, and WHEREAS, advertisement for bids of the same where made and opened at the Bid Opening on March 8, 2005. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Schuyler County Highway Superintendent, the Schuyler County Legislature accept the following bid from Gateway Equipment Corporation in the amount of $81,325; funds available in the 2005 budget account number 5130.299. BE IT FURTHER RESOLVED, that all other bids be rejected with a letter of appreciation for their participation. VOTE: Passed 7-0. RESOLUTION NO. 113 Motion by Bingell, Second by Yuhasz. RE: ACCEPT BID FOR ONE FOUR WHEEL DRIVE LOADER – HIGHWAY DEPARTMENT WHEREAS, the Highway Department is in need of a Four Wheel Drive Loader, and WHEREAS, advertisement for bids of the same where made and opened at the Bid Opening on March 8, 2005. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Schuyler County Highway Superintendent, the Schuyler County Legislature accept the following bid from Five Star Equipment in the amount of $139,875.00; funding available in the 2005 budget account number 5130.299. BE IT FURTHER RESOLVED, that all other bids be rejected with a letter of appreciation for their participation. VOTE: Passed 7-0. RESOLUTION NO. 114 Motion by Bingell, Second by Yuhasz. RE: RESOLUTION URGING INCREASED FUNDING TO THE CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPS) – HIGHWAY DEPARTMENT ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, local governments are responsible for eighty five percent of the State’s 110,000 miles of roadways, and are also responsible for fifty percent of the State’s 18,000 bridges, and WHEREAS, the Governor’s New York State Executive Budget 2005-2006 proposes the program remain flat at the 2004-05 level of $35M in County/NYC Consolidated Highway Improvement Funds (CHIPS), and WHEREAS, the 2004/05 adopted state budget restored the $35M in county/NYC CHIPS funding, and WHEREAS, because of the restored funds, county highway departments were able to repair important components of the local transportation system, and purchase necessary highway equipment and materials, and WHEREAS, the proposed 2005/06 Executive Budget Proposal proposes no increase for CHIPS funding to account for the dramatic inflationary increases in the cost of fuel, equipment and material, and WHEREAS, CHIPS is a unique form of a block grant in transportation financing providing critical transportation funding to over 1,600 units of local government in New York State. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby goes on record urging the State Legislature to support a $100 Million increase to bring the CHIPS funding level to parity with today’s increased costs, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges the State to index these funds as part of the state’s multi-year capital plan so that local governments can budget and properly plan to address the deficiencies in the local transportation system, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature shall forward copies of this Resolution to Governor George E. Pataki, Thomas F. O’Mara, Senator George H. Winner, Jr. and all others deemed necessary and proper. VOTE: Passed 7-0. RESOLUTION NO. 115 Motion by Bingell, Second by Larison. RE: RESOLUTION URGING THE INCREASE IN CRITICAL MARCHISELLI HIGHWAY AND BRIDGE FUNDING WHEREAS, the Marchiselli Funding Program is the State component of a successful Federal, State, Local partnership delivering transportation improvements on the local highway system, and WHEREAS, the Federal Transportation Program has grown over the past 5 years, and the number of Federal Aid projects sponsored by local governments has increased over the past 5 years, and WHEREAS, the Governor’s executive Budget submission to the legislature holds Marchiselli funding static at $40 million, and WHEREAS, Marchiselli Funding has not increased in the past 5 years, and WHEREAS, the Marchiselli program has not kept pace with the Federal Transportation Program resulting in delays of state matching funds or eligible portions of projects not receiving state matching funds. NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature strongly urges the State Legislature to increase this critical funding to a level consistent with the level of locally sponsored projects listed on the current Statewide Transportation Improvement Program (STIP), and BE IT FURTHER RESOLVED that the Schuyler County Legislature strongly urges the Governor and State Legislature to increase Marchiselli program funding to $80 Million to match the current need during the 2005 legislative session, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature shall forward copies of this Resolution to Governor George E. Pataki, Thomas F. O’Mara, Senator George H. Winner, Jr. and all others deemed necessary and proper. VOTE: Passed 7-0. RESOLUTION NO. 116 Motion by Bingell, Second by Larison. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF COUNTY ROUTE 6 BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT WHEREAS, Schuyler County accepted a proposal for engineering services for the Replacement of County Road 06 Bridge over Taughannock Creek BIN #3332490, and WHEREAS, the project design is completed and it is now necessary to advertise for bids for construction, and WHEREAS, funding for said project is available in the 2005 budget account no. 5120.569. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for the construction of the County Road 06 Bridge Replacement. VOTE: Passed 7-0. RESOLUTION NO. 117 Motion by Bingell, Second by Larison. RE: AUTHORIZE ADVERTISEMENT AND FILLING OF ONE AUTOMOTIVE MECHANIC, ONE HEAVY EQUIPMENT OPERATOR AND THREE TEMPORARY LABORERS – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Highway Superintendent and the Public Works Committee has agreed it would be beneficial to hire three Temporary Laborers to help with the summer road maintenance, fill one full-time Automotive Mechanic position, and fill one full-time Heavy Equipment Operator position, and WHEREAS, the funding for these positions is available in the 2005 Personal Services Account. NOW, THEREFORE, BE IT RESOLVED that the Highway Superintendent is authorized to advertise and fill three Temporary Laborer positions at the rate of $ 7.00 per hour for not more than a six month period, advertise and fill one full-time Automotive Mechanic position at the rate of $12.59 per hour, and advertise and fill one full-time Heavy Equipment Operator position at $12.48 per hour, effective immediately. VOTE: Passed 7-0. RESOLUTION NO. 118 Motion by Bingell, Second by Larison. RE: AUTHORIZE CREATION OF AND APPOINTMENTS TO THE IMPLEMENTATION SUBCOMMITTEE FOR THE SCHUYLER COUNTY COMPREHENSIVE PLAN BE IT RESOLVED, that the Schuyler County Legislature hereby creates the Implementation Subcommittee for the Schuyler County Comprehensive Plan, to be comprised of four representatives from the Planning Commission and three representatives from the general public, to be charged with: 1. Overseeing the implementation of goals, objectives and strategies as outlined in the Plan. 2. Recommending changes to the Planning Commission and the Legislature as new opportunities, information, or challenges arise. 3. Submitting annual reports on the status of implementation efforts, and BE IT FURTHER RESOLVED, that the first task of the Implementation Committee should be a matrix of short, mid, and long-range goals, with expected costs, possible revenue sources, and partners, and BE IT FURTHER RESOLVED, that the Legislature hereby authorizes the appointments of the following individuals to the Implementation Subcommittee, to serve until further notice: Planning Commission: Public: Jeff Greuber (Odessa Rep) Chris Kimball-Peterson (former Sub-committee Chair) Richard Owlett (Catharine Rep) Brian Williams (SCOPED) Ed Gates (Farming Rep) Jim DeRoche (Village of Montour Falls resident) Nancy Whipple (Orange Rep) Legislator Dennis A. Fagan (Ex-Officio) VOTE: Passed 7-0. RESOLUTION NO. 119 Motion by Yuhasz, Second by Bleiler. RE: RECOGNIZE WEEK OF APRIL 17, 2005 THROUGH APRIL 23, 2005 AS “NATIONAL VOLUNTEER WEEK” WHEREAS, the citizens of Schuyler County have, through selfless dedication, given of themselves for the betterment of this community, and WHEREAS, these citizens serve, through countless hours of volunteering, the agencies and institutions of Schuyler County. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature does hereby recognize April 17, 2005 through April 23, 2005 as “National Volunteer Week” in Schuyler County, and BE IT FURTHER RESOLVED, the Legislature further hopes that these dedicated volunteers continue to enrich our lives, through their most excellent example; their warmth, commitment and generosity, being an inspiration to us all. To each of them we express the thanks of a grateful citizenry. VOTE: Passed 7-0. RESOLUTION NO. 120 Motion by Yuhasz, Second by Bleiler. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RE: AMEND AGREEMENT WITH FLACRA AND AMEND 2005 BUDGET- COMMUNITY SERVICES WHEREAS, Resolution No. 472-04 authorized a contract renewal with the Finger Lakes Addictions Counseling and Referral Agency (FLACRA) in an amount not to exceed $103,389 for 2005, and WHEREAS, in the past the Schuyler County and Yates County offices of FLACRA have operated as satellite clinics and State funding for both has been directed through Schuyler County to fund this contract, and WHEREAS, in the past the local portion of STOP DWI funds available for this contract from Yates County has been included in the funding for this contract, and WHEREAS, the New York State Office of Alcohol and Substance Abuse Services (OASAS) has determined that the satellite clinics operating in Schuyler County and Yates County will now operate independently of each other as full clinics, and WHEREAS, State and local funding for each clinic will now be directed through the respective county, thus reducing the amount of funding received by Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the agreement with Finger Lakes Addictions Counseling and Referral Agency for alcoholism and substance abuse treatment services, reducing the contract to an amount not to exceed $83,480, for services to be provided solely to Schuyler County, subject to approval by the County Attorney, BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2005 County budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION -$19,909 4322.336 FLACRA -$12,113 4322-3490 State Aid-Mental Health 7,796 4322-1689 Other Dept. Income VOTE: Passed 7-0. RESOLUTION NO. 121 Motion by Yuhasz, Second by Bleiler. RE: AUTHORIZE CONTRACT RENEWAL WITH THE ARC OF SCHUYLER COUNTY, INC. FOR 2005 AND AMEND 2005 BUDGET – COMMUNITY SERVICES WHEREAS, the Community Services Department currently contracts with the Arc of Schuyler County, Inc. for community mental retardation and developmental disabilities services, supported employment services, and peer specialist employment services, and WHEREAS, continuation of these services is extremely beneficial to the residents of Schuyler County who are in need of these services, and WHEREAS, the State Aid funding letter from the New York State Office of Mental Retardation and Developmental Disabilities was received after the 2005 Community Services budget was finalized and changes to the 2005 Community Services budget, which will not impact the local share, need to be made accordingly. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the Arc of Schuyler County, Inc. for the provision of community mental retardation and developmentally disabled services, supported employment services, and peer specialist employment services, at an amount not to exceed $115,617, such amount provided for in the 2005 Community Services budget, accounts 4310.435 and 4322.550; subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2005 Mental Health Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION -$18,406 4322.504 Arc of Schuyler County, Inc. 4,177 4322-1625 Mental Health Contribution – Priv. Ag 22,583 4322-3490 State Aid – Mental Health VOTE: Passed 7-0. RESOLUTION NO. 122 Motion by Yuhasz, Second by Bleiler. RE: AUTHORIZE ADDENDUM TO AGREEMENT WITH HEALTH CARE COMPLIANCE ENTERPRISE, LLC FOR CONSULTATION SERVICES FOR 2005 – COMMUNITY SERVICES WHEREAS, Health Care Compliance, LLC has contracted with the Community Services Department to provide consultation with regard to developing and maintaining regulatory compliance for several years, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 WHEREAS, the area of regulatory compliance is one which requires the extensive use of health information governed by the Health Insurance Portability and Accountability Act (HIPAA), and WHEREAS, due to the nature of the work involved, Health Care Compliance, LLC has requested an addendum to their agreement with the Community Services Department defining the responsibilities of both parties with regard to HIPAA compliance. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an addendum to the agreement with Health Care Compliance, LLC, specifically addressing HIPAA compliance, subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 123 Motion by Yuhasz, Second by Bleiler. RE: RECOGNIZE APRIL AS NATIONAL CHILD ABUSE PREVENTION MONTH - PUBLIC HEALTH WHEREAS, the U.S. Department of Health and Human Services’ Children’s Bureau states that a nurturing home environment, safe places to play, good medical care and stimulating schools allow children to draw for that environment to become confident, caring adults, and WHEREAS, the primary responsibility for children’s health and well-being rests with parents, and WHEREAS, all families benefit from the help of strong, supportive neighborhoods and communities. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognize April as National Child Abuse Prevention Month and recognizes that we all play a role in helping our children thrive. VOTE: Passed 7-0. RESOLUTION NO. 124 Motion by Yuhasz, Second by Bleiler. RE: RECOGNIZE APRIL 7, 2005 AS NATIONAL ALCOHOL SCREENING DAY - COMMUNITY SERVICES WHEREAS, National Alcohol Screening Day is an annual event that provides information about alcohol and health as well as free, anonymous screening for alcohol-use disorders, and WHEREAS, event sites are located in community, college, primary health care, military and employment settings, and WHEREAS, the program is designed to provide outreach, screening and education about alcohol’s affects on health for the general public. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes April 7, 2005 as National Alcohol Screening Day and encourages Schuyler County residents to be screened at one of the available sites. VOTE: Passed 7-0. RESOLUTION NO. 125 Motion by Yuhasz, Second by Bleiler. RE: AUTHORIZE APPOINTMENTS TO THE COMMUNITY HOME CARE PROFESSIONAL ADVISORY COMMITTEE - PUBLIC HEALTH WHEREAS, the Community Home Care Professional Advisory Committee has vacancies due to the changes in contract agencies, and WHEREAS, Deb Woodard, Clinical Director for AmeriCare and Sharon Winter, Regional Clinical Director for AmeriCare have expressed an interest in serving on the Committee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approve the appointment of Deb Woodard and Sharon Winter to the Community Home Care Professional Advisory Committee for the term March 15, 2005 through December 31, 2005. VOTE: Passed 7-0. RESOLUTION NO. 126 Motion by Yuhasz, Second by Bleiler. RE: AUTHORIZE ADDENDUM TO AGREEMENT WITH 3M HOME CARE MANAGEMENT SYSTEM – PUBLIC HEALTH WHEREAS, the Public Health Department uses the 3M Home Care Management System for billing and medical records and has an ongoing agreement with 3M for software support, and WHEREAS, Resolution No. 252-02 authorizes yearly addendums to the agreement for increases in support charges and additional license purchases, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, the Public Health Department wishes to purchase a software enhancement program for the 3M system to improve the billing and records process which will require an additional addendum to the existing agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an addendum to the agreement with 3M Home Care Management Systems for the purchase of a software enhancement program, to include related installation and training costs, total cost not to exceed $13,000, funds being available in the 2005 budget, account nos. 4010.278 and 4010.400, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature continues to be authorized to sign yearly addendums for the software support agreement according to the terms established by Resolution No. 252-02. VOTE: Passed 7-0. RESOLUTION NO. 127 Motion by Yuhasz, Second by Bleiler. RE: AUTHORIZE CONTRACT RENEWAL WITH FAMILY SERVICE SOCIETY INC. FOR SPECIALIZED TREATMENT SERVICES AND TRAINING - COMMUNITY SERVICES WHEREAS, the Mental Health Department currently contracts with Family Service Society Inc., for specialized treatment services and related training, and WHEREAS, there continues to be a need for the specialized treatment services and training provided by Family Service Society, Inc., to enhance the delivery of services provided by the Mental Health Clinic to the residents of Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract agreement with Family Service Society Inc. for the provision of specialized treatment services and training for the period January 1, 2005 through December 31, 2005, renewable annually, in an amount not to exceed $20,000, funds available in the 2005 Mental Health budget, account no. 4310.435, subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 128 Motion by Yuhasz, Second by Bleiler. RE: AUTHORIZE APPLICATION FOR A COMPREHENSIVE APPROACHES TO SEX OFFENDER MANAGEMENT GRANT – COMMUNITY SERVICES WHEREAS, Community Services is applying for a grant being offered by the U.S. Department of Justice for Comprehensive Approaches to Sex Offender Management, and WHEREAS, the application form from the Federal Government requires information on our Financial Institution in order to forward an electronic fund transfer, should the grant be approved, and WHEREAS, the application for the grant cannot be completed without the aforementioned financial information. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature authorizes the Treasurer to release this information to Community Services for the purpose of including the information in the pre-application for the grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all contracts relative to the Comprehensive Approaches to Sex Offender Management grant application for funds not to exceed the sum of $250,000 for 24 months for the development of a comprehensive and effective system of sex offender management that promotes community safety and victim support, including integrated criminal justice interventions, offender assessment, treatment, monitoring and accountability in Schuyler County; subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 129 Motion by Yuhasz, Second by Bleiler. RE: ESTABLISH 2005-2006 IMMUNIZATION GRANT – PUBLIC HEALTH WHEREAS, Schuyler County’s annual immunization grant will be $18,000 for the period April 1, 2005 through March 31, 2006, and WHEREAS, this grant is 100% State funded. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2005-2006 Immunization Grant Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION $ 11,270 4010.100-4096 PERSONNEL $ 3,730 4010.489-4096 FRINGE BENEFITS $ 500 4010.400-4096 CONTRACTUAL $ 2,500 4010.446-4096 MAINTENANCE IN LIEU OF RENT $ 18,000 4010.3401-4096 REVENUE BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 130 Motion by Bingell, Second by Larison. RE: ESTABLISH 2005-2006 LEAD GRANT – PUBLIC HEALTH WHEREAS, Schuyler County’s annual lead grant will be $25,000 for the period April 1, 2005 through March 31, 2006. NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2005-2006 Lead Grant Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION $ 14,860 4010.100-4006 PERSONNEL $ 5,140 4010.489-4006 FRINGE BENEFITS $ 1,000 4010.200-4006 EQUIPMENT $ 500 4010.400-4006 CONTRACTUAL $ 2,500 4010.446-4006 MAINTENANCE IN LIEU OF RENT $ 1,000 4010.579-4006 LEAD TESTING $ 25,000 4010.4401-4006 REVENUE BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 131A Motion by Bleiler, Second by Fagan. RE: MOTION TO AMEND RESOLUTION NO. 131 BE IT RESOLVED, that Resolution No. 131 be amended to remove the wording “pending approval of a Department of Environmental Conservation permit” from the Now Therefore Be It Resolved clause and add an additional Be It Further Resolved to read as follows: “BE IT FURTHER RESOLVED, that issuance of the New York State Department of Environmental Conservation permit is a condition of the contract.” VOTE: Passed 7-0. RESOLUTION NO. 131 Motion by Bingell, Second by Larison. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT – AS AMENDED WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to solicit sealed bids for the application of fluridone on Lamoka Lake and the residual monitoring thereof. NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be hereby authorized to advertise for bids for chemical application and residual monitoring services as set forth above for the Lamoka/Waneta Lakes Protection and Rehabilitation District, and BE IT FURTHER RESOLVED, that bids will be due no later than 2:00 p.m. on Friday, April 1, 2005. Acceptance/rejection of the bids will be done at the April 11, 2005 Regular Meeting of the Legislature. The County of Schuyler reserves the right to accept or reject any and all bids, and BE IT FURTHER RESOLVED, that issuance of the New York State Department of Environmental Conservation permit is a condition of the contract. VOTE: Passed 7-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RESOLUTION NO. 132 Motion by Bingell, Second by Larison. RE: AUTHORIZE FILLING VACANT PART-TIME CLEANER VACANCY – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, one part-time (19 hours per week) Cleaner has resigned and said position needs to be filled. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be hereby authorized to fill the vacant Cleaner position at the starting pay rate of $6.00 per hour with no benefits. VOTE: Passed 7-0. RESOLUTION NO. 133 Motion by Bingell, Second by Bleiler. RE: AMEND 2004 –05 LEAD GRANT BUDGET – PUBLIC HEALTH WHEREAS, Resolution No. 149-04 established the budget for the 2004-05 Lead grant, and WHEREAS, planned expenditures of the grant monies have changed, and these changes necessitate amendments to the original budget. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the County Treasurer to amend the 2005 Public Health Department budget as follows: CHANGE NEW AMOUNT ACCOUNT NO. DESCRIPTION +1,566 $ 2,566 4010.200-4003 Equipment -1,566 $ 116 4010.400-4003 Contractual VOTE: Passed 7-0. RESOLUTION NO. 134 Motion by Bingell, Second by Bleiler. RE: RESOLUTION OPPOSING PROPOSED FEDERAL BUDGET CUTS TO THE UNITED STATES DEPARTMENT OF AGRICULTURE’S (USDA’s) RESOURCE CONSERVATION AND DEVELOPMENT (RC&D) PROGRAM WHEREAS, the Finger Lakes RC&D Council (the Council), formerly Sullivan Trail RC&D Council is the RC&D program that serves Schuyler County, among other Finger Lakes and Southern Tier counties, and has been in existence since 1972, and WHEREAS, the Council has actively been engaged in projects throughout our region which have improved water quality, encouraged the sustainability of the family farm, promoted agricultural tourism, emphasized the wise use of the region’s native timber, controlled erosion from the region’s agricultural and forest lands as well as degrading streambanks and assisted with rural fire protection with the installation of dry hydrants, and WHEREAS, the Council in cooperation with USDA’s Natural Resources Conservation Service (NRCS) has successfully obtained more than $3.6 million in federal, state, and private grants that have helped improve the rural economy of our six county region, and WHEREAS, the Council in cooperation with the Schuyler County Soil and Water Conservation District, NRCS, and local municipalities has obtained more than $1 million in various grants that directly affect and improve Schuyler County, and WHEREAS, taking into account the local yearly cost ($600) to access the technical and financial expertise available through this program, the cost/benefit ratio for Schuyler County is $1 yields $97, and WHEREAS, the Council has also been instrumental in establishing New York’s Venison Donation Program which during its first five years has resulted in 1,257,200 meals served to individuals in need, and WHEREAS, the Council is just one of 374 RC&D Councils throughout the United States who are delivering similar benefits to their respective constituents, and WHEREAS, it is very difficult to understand cutting a grassroots program which is efficiently matching federal dollars with additional outside sources of funds. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature strongly encourages and respectfully requests that the U.S. Congress support USDA’s Resource Conservation and Development Program and continue its appropriation of $51,947,000 for fiscal year 2006. VOTE: Passed 7-0. RESOLUTION NO. 135 Motion by Bingell, Second by Bleiler. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RE: AMEND RESOLUTION NO. 68-04 AND RESOLUTION NO. 31-05 CHANGING THE AMOUNT OF THE COUNTY ROUTE 5 PROJECT – HIGHWAY DEPARTMENT WHEREAS, the amount for the replacement project engineering design work for County Route 5 is higher than expected. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 68-04 and Resolution No. 31-05 be amended to change the dollar amount from $95,000 to $101,000, and BE IT FURTHER RESOLVED, that the breakdown of Local share, State and Federal aid in Resolution No. 31-05 now read (local share cost of $5,050, State aid is $80,800 and Federal aid is $15,150). VOTE: Passed 7-0. RESOLUTION NO. 136 Motion by Bingell, Second by Bleiler. RE: ACCEPT PROPOSAL FROM CLAY RIDGE TRUCKING FOR THE 2005 USED TIRE COLLECTION DAY WHEREAS, the Recycling/Solid Waste Office of Cornell Cooperative Extension has issued a Request for Proposals for a Tire Collection Day with the approval of the Schuyler County Attorney, and WHEREAS, Clay Ridge Trucking has proposed charging the county $1.00 per tire for recycling, and WHEREAS, the County will charge participants $1.00 per tire. NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of Cornell Cooperative Extension, and the Schuyler County Attorney, this Legislature hereby accepts the proposal from Clay Ridge Trucking, in the amount of $1.00 per tire, for a Used Tire Collection Day to be held Saturday, April 2, 2005, at the Schuyler County Highway Department property, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute any and all documents necessary to effectuate the above-referenced proposal acceptance; subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 137 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE INCREASE IN CORNING COMMUNITY COLLEGE CAPITAL CHARGEBACK WHEREAS, Corning Community College is the only community college in the state that charges only $200 per student for capital chargebacks, and WHEREAS, it is necessary for Corning Community College to continually improve its facilities to maintain a quality environment for its students and faculty. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the capital chargeback for Corning Community College to increase from $200 to $300 per student effective Fall 2005 Semester, contingent upon Chemung and Steuben Counties also approving the increase. VOTE: Passed 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Bingell reported on the Public Works Committee. (See report on file.) PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:32 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk REGULAR MEETING APRIL 11, 2005 The April 11, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Slusser and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator, Timothy O’Hearn, were also present. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 PUBLIC PARTICIPATION: Benjamin Dickens, Town of Hector Supervisor, said he would like to revisit the redistribution of sales tax issue that the town supervisors/village mayors discussed last month. He has reviewed Management & Finance Committee agendas from October 2004 through March 2005. Item No. 3 on the agenda for February 2005 indicated that this issue had been discussed. They had been lead to believe there had been no discussion on this issue by the Legislature. They hope the decision is to leave sales tax distribution the way it is. Once special use taxes are created they can have a significant impact as a revenue source. He asked the Legislature to please consider that before taking away sales tax from the townships. Legislator Slusser explained that if there was any discussion at his committee meeting, it was to have a discussion with town supervisors first. Chairman Gifford introduced the new County Administrator, Timothy M. O’Hearn. 6:45 p.m. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 2 OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 4% - AS AMENDED: The Schuyler County Lodging Association showed a Powerpoint presentation (on file in the Legislative Office). Ted Rimmers from the Magnolia Place made the presentation. He said when he moved here, the increase in room tax to 2% was first being discussed. The lodging owners then decided to form an association. They believe they are in the top ten of largest employers in the county. Employees live in Schuyler County and purchase items here. Customers are also directed to eat and shop close to where they stay. He presented figures on how much room tax has been brought in. He discussed the travel brochure, how it is paid for by the current 2% room tax, and how they feel it is lacking in promoting Schuyler County. He said that they do not have a problem with the current tax, however they have a problem with increasing it when it is not working to promote Schuyler County. Patricia Hastings stated that the Legislature fought very hard to get room tax to the Chamber of Commerce and make them the County’s Tourist Promotion Agency (TPA) and they have succeeded. She feels the Legislature is now doing everything they can to undermine the Chamber, instead of supporting them. The legislative representative on the board should know everything that is going on and be able to explain to the Legislature how the money is being spent. Paul Marcellus, from the Colonial Motel, explained that the tourist season is not in their control. It usually lasts for only sixteen weekends. They are also at the mercy of the weather and increase in gas prices. He just has this feeling that tourists have other options and other places to go. Legislator Bleiler says this proposed increase in room tax will help control the other taxpayers property taxes. Mary Simiele said she read a CNN’s lead story this morning about a money feature called Tax Friendly Places 2005. Top honors with combined per capita at 6% was Alaska, New Hampshire and Delaware. The most unfriendly states were Maine as the first, Washington, DC second, and the third most unfriendly is New York with combined per capita of 12%. Maine was only 1% higher and Washington, DC higher. The state and local tax burden affects the per capita income. Our state and local tax burden is 12%. As a lodging owner and member of the Lodging Association, she feels the Legislature needs to give them something to work with. Benjamin Dickens said due to economic activity with gas prices, etc., there is a great possibility that tourism may decrease. He requested that they take a full year before this increase take effect. He feels it will have a negative impact. Judy Lampman presented the Legislature with newly gathered petitions. She feels people are disillusioned by politicians and vice versa. One recourse the public has is to go to the voting booths and the other is to sign petitions. She asked the Legislature if they actually read the over 400 signatures that they had gathered in 2004. She reminded them that the petitions represent their voice on this issue. She thanked Legislators Karius, Larison and Bingell for their no votes. She thanked Legislator Slusser for chatting with them and Legislator Fagan for his moments of time to discuss the issue. She asked that they please find it in their hearts to change their vote tonight Greg Bitler asked the Legislators to please vote down this proposed increase in room tax or at least postpone the effective date. The Lodging Association has a funding alternative committee reviewing alternatives. He asked that the Legislature give them a chance to find another way. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Donna Davis, owner of Sunset on Seneca Bed &Breakfast, feels thes Legislature has put the Chamber of Commerce and the Lodging Association in an adversarial situation. She has been told this proposed increase is to replace the funding to the Chamber that was cut from the budget. She spoke in support of the Chamber of Commerce and expressed her opposition to the proposed increase in room tax. Jim Franzese, Longhouse Motel, feels if the Legislature is serious about keeping property taxes down, then cutting out small businesses and reducing funding to the Chamber will not help in that effort. In his opinion, with a county budget of over $30 million, the $55,000 funding for the Chamber is chump change. He noted that there is over $200,000 put into agriculture. He asked that the Legislature re-examine their view of the Chamber and tourism. Angie Franzese feels that the Legislature should better educate themselves on how the Chamber of Commerce spends its county appropriations. She spoke in opposition to the proposed increase in room tax. Leonard Knapp asked that the Legislature give lodging owners credit for sprucing things up. People who stay here, wander around and in turn end up supporting other businesses. He feels if you add this all up and consider the overall picture, not increasing the room tax might get more people to stay. Chris Franzese feels the Legislature should not raise taxes which may drive businesses to other counties and asked them to vote against the proposed increase in room tax. Carol Henry spoke in opposition to the proposed increase in room tax and felt it would take away from their competitive edge with Yates County. Judy Lampman read from a study done by the New York Deputy Director of Research on lodging hospitality. His study showed a 2.4% reduction in customers per year by increasing the room tax. Angie Franzese commented on the County’s good fiscal health and support of economic development, and asked for investment in their struggling businesses. Jim Berg, President of the Chamber of Commerce, said this is very difficult for him. He has the Schuyler County Lodging Association on one hand and the board members and membership on the other hand. He believes the issue here is how to accomplish the goal without hurting someone. The lodging association says they will be hurt along with taxpayers. He has provided the Legislature, in advance of this meeting, with the necessary information on how the Chambers spends it money to support Schuyler County. Everyone here cares about the association and the community or would not be here tonight. On behalf of the full Chamber, he requested additional funding. The Public Hearing adjourned at 7:48 p.m. RESOLUTION NO. 138 Motion by Fagan, Second by Yuhasz. RE: APPROVE MINUTES OF THE JANUARY 3, 2005 ORGANIZATIONAL MEETING, THE JANUARY 10, 2005 REGULAR MEETING, THE FEBRUARY 14, 2005 REGULAR MEETING, THE FEBRUARY 28, 2005 SPECIAL MEETING AND THE MARCH 9, 2005 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the January 3, 2005 Organizational Meeting, the January 10, 2005 Regular Meeting, the February 14, 2005 Regular Meeting, the February 28, 2005 Special Meeting and the March 9, 2005 Special Meeting of the Schuyler County Legislature be approved. VOTE: Passed 7-0. Abstain: Larison. RESOLUTION NO. 139 Motion by Yuhasz, Second by Larison. RE: RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT-IN- AID FOR A MUNICIPAL WASTE REDUCTION AND/OR RECYCLING PROJECT AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE FOR THE YEARS 2006-2008 WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects, and WHEREAS, the Schuyler County Legislature herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws, and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 NOW, THEREFORE, BE IT RESOLVED, by the Schuyler County Legislature: 1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understandings and assurances contained in said application is hereby authorized. 2. That the Chairman of the Legislature is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE; 3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said Municipal Waste Reduction and/or Recycling Project. 4. That five Certified Copies of this Resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York 12233-7253, together with ONE complete application. 5. That this resolution shall take effect immediately. VOTE: Passed 8-0. RESOLUTION NO. 140 Motion by Bingell, Second by Fagan. RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 2 OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 4% - AS AMENDED WHEREAS, a proposed Local Law Amending Local Law No. 2 of 1988 to Increase the Room Tax from 2% to 4% was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held April 11, 2005 at 6:45 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3/Local Law No. 2 of the Year 2005, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 3/Local Law No. 2 of the Year 2005, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 2 OF THE YEAR 2005 Local Law No. 2 of the year 1988 is hereby amended as follows: 2. IMPOSITION OF TAX On and after the first day of January 1, 2006 there is hereby imposed and shall be paid a tax of four upon the rent for every occupancy of a room or rooms in a hotel, motel, bed and breakfast or tourist facility having one or more rooms in this County except that the tax shall not be imposed upon permanent resident, or exempt organizations as hereinafter set forth. 2A. CREDIT AGAINST TAX There shall be allowed a credit against such tax in the amount of 4% of the tax due to the reflect administrative expenses of collection and credit card processing charges. This tax credit shall be taken quarterly on returns in such form as the Schuyler County Treasurer shall provide on quarterly return forms to be promulgated hereafter. Credit shall be 4% of the total tax due. All provisions of Local Law No. 2 of the year 1988 not amended hereby shall remain in full force and effect. This Local Law shall take effect upon filing in the office of the Secretary of State as provided by the Municipal Home Rule Law. DISCUSSION: Legislator Larison feels they have experts in the community telling us how this increase will negatively impact them and that the Legislature should listen to them. He cannot support this increase. Legislator Fagan said when he ran for legislator he said he was willing to make tough decisions. His biggest concern is the high property tax rate. It is the highest in this area. Last year, there was no increase in that tax rate, which was amazing. The reason we did not have a tax rate increase is because we used the sales tax to help with unfunded mandates from the state. During the budget process, he tried to cut some programs and decrease funding, but the full fury of the bureaucracy kicked in. It is almost impossible to cut any funds in the ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 county budget. He does not want to negatively impact the Schuyler County Lodging Association. The easy thing to do would be to vote in opposition of the increase, however that will not help the property tax issue. He will vote for what he feels is right. He has spent a good deal of time with Jim Berg and knows the efforts from the past and the future plans. He would hope that the hotel at the lakefront becomes a reality. With the new hotel there might be additional monies for the marketing of the tourism industry. He has heard everyone loud and clear. He looked at free advertising for locals based on sales tax generated. At the very least, all travel lodging facilities should have a free business listing in the travel guide. Mr. Berg agrees and it might happen in the future. The Lodging Association figures presented tonight show him that the existing room tax does not hurt the industry. He hopes a 4% tax will help more. Legislator Slusser said he heard conflicting comments on the Chamber tonight. He noted that the Chamber has hired someone to help with tourism. The presentation shows you are working together to help each other’s businesses. It also highlighted our attractions. If we can get customers here, they will spend. We need to have the money to promote getting them here. The information presented on New York taxes is correct, but it talks about all taxes. The state is not helping us, they are not making the state more friendly. Legislator Yuhasz said he can sympathize and understand. Schuyler County on paper is a very rich district. However we have high property taxes, and we know we are not rich. He feels the county taxpayers should not have to pay to support the Tourist Promotion Agency. He also noted that this increase does not take effect until January 1, 2006. Legislator Bleiler said he did not plan on saying anything tonight, however as Chairman of the Human Services Committee that oversees Medicaid, he wants to share some information. We raised the local share for Medicaid in the 2005 budget by $200,000. The Commissioner of Social Services, Bill Weiss, keeps track of this share on a weekly basis. At the end of fifteen weeks, we are $250,000 in the red. They have to come up with an extra $250,000 for the 2006 budget as it stands right now. He is sharing this information not to scare anyone, but to give everyone a reality check. He also hopes they under estimated the projected sales tax revenue for this year. They cannot afford to raise property tax. Legislator Bingell said she knows what it is to be in small business. She knows how difficult it is to survive, but also knows they support SCOPED. What is small business if it is not economic development. More jobs are created by small businesses than any corporation. All small businesses in Schuyler County pay 8.25% sales tax and room tax on top which brings it up to 10.25%. Now we are considering whether or not we want them to pay 12.25%. She feels if we do this, it will put businesses out of business. Legislator Larison called for the question. VOTE: Passed 5-3. Noes: Karius, Larison, Bingell. RESOLUTION NO. 141 Motion by Yuhasz, Second by Larison. RE: AUTHORIZATION FOR GEORGE ROETS TO TRAVEL TO OHIO APRIL 12 - 16, 2005 - HEALTH SERVICES WHEREAS, the National Rural Health Association is holding a training session in Cleveland, Ohio in April 2005, and WHEREAS, the National Association of Community Health Centers is covering the cost of the training and travel up to an amount of $800.00, and WHEREAS, traveling out of state requires Legislative approval. NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorize out of state travel for George Roets to attend the Grant Writing Seminar in Cleveland, Ohio, April 12 through 16, 2005. VOTE: Passed 8-0. RESOLUTION NO. 142 Motion by Yuhasz, Second by Larison. RE: AUTHORIZE ADVERTISING AND FILLING OF STAFF SOCIAL WORKER POSITION - COMMUNITY SERVICES WHEREAS, the Schuyler County Mental Health Clinic has a vacant Staff Social Worker position, effective March 31, 2005, and WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of Community Services/Public Health to fill a vacant Staff Social Worker position, Grade 28, $20.57, in the Mental Health Clinic, effective immediately; funding is available in the 2005 budget. VOTE: Passed 8-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RESOLUTION NO. 143 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR A NEW YORK STATE LOCAL LAW ENFORCEMENT BLOCK GRANT - DISTRICT ATTORNEY WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services for the purpose of assisting the Schuyler County District Attorney’s Office with violent crime prosecution. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney and the Chairman of the Legislature to sign an application for the 2005/2006 Local Law Enforcement Block Grant in the amount of $37,000 with a county match of $4,111, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the New York State Division of Criminal Justice Services for the District Attorney’s Office for a New York State Local Law Enforcement Block Grant for the term April 1, 2005 through March 31, 2006, match funding available in the 2005 District Attorney’s budget; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 144 Motion by Larison, Second by Bingell. RE: RESOLUTION TO ADOPT A NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE COUNTY STANDARD FOR INCIDENT MANAGEMENT – EMERGENCY MANAGEMENT WHEREAS, the President of the United States, in Homeland Security Directive (HSPD)-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System which would provide a consistent nationwide approach for Federal, State, local and tribal governments to work together more effectively and efficiently to prepare for, prevent, respond to and recover from domestic incidents, regardless of cause, size or complexity, and WHEREAS, the collective input and guidance from all Federal, State, local and tribal homeland security partners has been, and will continue to be, vital to the effective implementation and utilization of a comprehensive NIMS, and WHEREAS, it is necessary and desirable that all Federal, State, local and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management, and WHEREAS, HSPD-5 requires Federal departments and agencies to make adoption of the NIMS by State, tribal and local organizations a condition for Federal preparedness assistance beginning in fiscal year 2005, and WHEREAS, to facilitate the most efficient and effective incident management, it is critical that Federal, State, local and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters, and WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the State's ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management training processes, and WHEREAS, the Incident Command System components on NIMS are already an integral part of various incident management activities throughout the State, including current emergency management training programs, and WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, by virtue of the authority vested in it under the laws of the State of New York, does hereby establish the National Incident Management System (NIMS) as the County of Schuyler standard for incident management. VOTE: Passed 8-0. RESOLUTION NO. 145 Motion by Larison, Second by Bingell. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RE: AUTHORIZE FILLING VACANT FULL-TIME DEPUTY SHERIFF POSITION – SHERIFF’S DEPARTMENT WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, one full-time Deputy Sheriff has resigned and the position needs to be filled, and WHEREAS, there is funding available in the 2005 budget for this position. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill the vacant full-time Deputy Sheriff position at the starting pay rate of $13.74 per hour effective immediately. VOTE: Passed 8-0. RESOLUTION NO. 146 Motion by Larison, Second by Bingell. RE: AUTHORIZE WAIVER OF ENVIRONMENTAL INSURANCE COVERAGE FOR JEFF’S SEPTIC – SHERIFF’S DEPARTMENT WHEREAS, Jeff’s Septic provides sewage hauling services to the Schuyler County dog pound, and WHEREAS, with the State and Federal environmental laws imposing fines on recoveries, the County Attorney’s Office has requested that Jeff’s Septic provide proof of Environmental Insurance coverage for the agreement with the Sheriff’s Department, and WHEREAS, Jeff’s Septic does not carry this insurance at this time and it is very costly, and WHEREAS, the Public Safety/Criminal Justice Committee wishes to waive this insurance requirement for the year 2005. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby waives the environmental insurance coverage requirement for the 2005 agreement with the Sheriff’s Department. VOTE: Passed 8-0. RESOLUTION NO. 147 Motion by Larison, Second by Bingell. RE: AUTHORIZE INCREASE IN DOG ADOPTION FEES – SHERIFF’S DEPARTMENT WHEREAS, the adoption fees at the Schuyler County Dog Shelter have not been increased in many years, and WHEREAS, the Shelter fees are far below neighboring counties, and WHEREAS, most dogs from the Shelter are spayed or neutered before adoption. NOW, THEREFORE, BE IT RESOVED, that the Schuyler County Legislature hereby authorizes the adoption fee to be increased to $50.00 effective May 1, 2005. VOTE: Passed 8-0. RESOLUTION NO. 148 Motion by Larison, Second by Bingell. RE: AUTHORIZATION TO FILL A VACANT CHILDREN’S SERVICES CASEWORKER POSITION IN SOCIAL SERVICES WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, a Caseworker position in the Children’s Services unit will become vacant April 12, 2005 due to the incumbent accepting a position in the Tompkins County Department of Social Services, and WHEREAS, the number of child abuse/neglect hotline reports increased 9% between 2003 and 2004, and WHEREAS, this position is vital for the continued effective operation of the unit, and WHEREAS, this position is approximately 73% reimbursed by the federal and state governments. NOW, THEREFORE, BE IT RESOLVED that the Department of Social Services be hereby authorized to fill the pending vacant Caseworker position in the Children’s Services unit effective April 12, 2005 at Grade 22 ($15.92 per hour), funding available in the Department’s 2005 budget, account 6010.100, pending the position actually becoming vacant with the resignation of the incumbent (Shannon LeGare). VOTE: Passed 8-0. RESOLUTION NO. 149 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR SCHUYLER COUNTY UNITED WAY– YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center program, and WHEREAS, funding is need for contracting for program development and oversight, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for funding for the Family Play & Resource Center and any subsequent contracts; subject to review of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 150 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR WEYERHAEUSER CHILDREN’S INITIATIVE– YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center program, and WHEREAS, funding is needed for contracting for program development and oversight, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and WHEREAS the Schuyler County Youth Bureau is requesting $9,821 with no local match. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for funding for the Family Play & resource Center and any subsequent contracts; subject to review of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 151 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM AND CREATION OF A SUMMER YOUTH EMPLOYMENT SUPERVISOR POSITION - YOUTH BUREAU WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the strict income criteria of the Workforce Investment Act Employment Program, and WHEREAS, the Schuyler County Youth Bureau in collaboration with the Watkins Glen International Raceway are desirous of integrating a temporary seasonal program for the above mentioned youth, and WHEREAS, $4,774 of existing YDDP money will be allocated for supervision and transportation costs, and WHEREAS, the program will employ approximately 40 youth with the wages for the youth and supervisors to be reimbursed by Watkins Glen International Raceway. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau be hereby authorized to hire and implement the above mentioned employment program from June 1, 2005 through September 30, 2005 for youth ages 14 – 20, and BE IT FURTHER RESOLVED, that the Legislature authorizes the Youth Bureau Director to create a temporary Summer Youth Employment Supervisor position with no benefits, in Grade Level XV, at an hourly rate of $13.58, to supervise the youth for this period of time. VOTE: Passed 8-0. RESOLUTION NO. 152 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS FOR BUDGET OFFICER SALARY – RESCINDED BY RESOLUTION NO. 223-05. WHEREAS, Local Law Intro. No. 2 of the Year 2005 set a salary for the Budget Officer, and WHEREAS, funding for the Budget Officer for the year 2005 was included in the County Administrator’s salary line item. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $807.69 (70 days of pay, from 1/1/05-4/8/05) from County Administrator account 1230.100 into account no. 1340.100-Personal Services to pay for said salary. VOTE: Passed 6-1. No: Larison. Abstain: Slusser. RESOLUTION NO. 153 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH NATIONAL RISK SERVICES, INC. – HUMAN RESOURCES WHEREAS, National Risk Services, Inc. (NRS) has offered to examine the County’s worker’s compensation experience modifications, retrospective rating adjustments, premium audits, classifications, ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 payrolls, claim reserve revisions, negotiated claim reserve reductions, Plan Contracts including the policy, and any premium deposit loss fund charges for any incorrectly charged or over-billed costs, and WHEREAS, if NRS finds that the County has been incorrectly charged, NRS will take the necessary steps to secure any reduction or refund due the county, and WHEREAS, NRS charges a contingency fee for this service calculated upon a percentage of the total cash return premiums or premium credits issued as follows: 50% of the first $65,000 in return premiums, 40% of the next $35,000 in return premium, 33% of the next $50,000 and 30% for any return premiums in excess of $150,000, and WHEREAS, it is the recommendation of the County’s property/casualty insurance broker and the Human Resources Department that this review be authorized. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with National Risk Services, Inc. for services as set forth above; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 154 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE INFORMATION TECHNOLOGY CONTRACTOR TO ATTEND COUNTY- RELATED TRAINING/CONFERENCES FOR 2005 WHEREAS, the County contracts with Danica Computing for Information Technology Services, and WHEREAS, said contract does not address attendance at county-related training or conferences, and WHEREAS, there is a need for this contractor to be able to attend user trainings and state association conferences in order to more efficiently serve Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Danica Computing contractor (Loren Cottrell) be hereby authorized to attend county-related training or conferences, upon approval of the Schuyler County Administrator, and BE IT FURTHER RESOLVED, it shall be understood that such travel will be allowable only within budgeted funds and that the contractor will make arrangements to be reachable while out of town at said functions for emergency purposes, and BE IT FURTHER RESOLVED, that this term of agreement be added to any negotiated 2006 contract for Information Technology services. VOTE: Passed 8-0. RESOLUTION NO. 155 Motion by Bingell, Second by Yuhasz. RE: ACCEPT/REJECT BIDS AND AUTHORIZE AGREEMENT FOR WATER SUPPLY CROSS CONNECTION AND RE-PIPING – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 98-05 authorized advertisement of bids for water supply changes, and WHEREAS, bids have been received and opened with the low bid being Collins & Walton in the total amount of $8,570.00, and WHEREAS, said project to be funded from the Facilities & Grounds Capital Reserve account no. 004- 0004-0878. NOW, THEREFORE, BE IT RESOLVED, that the bid from Collins & Walton as set forth above be hereby accepted and the Chairman of the Legislature authorized to sign said contract upon approval of the County Attorney, and BE IT FURTHER RESOLVED, that the bid from Postle~n~Jaeckle Corporation in the amount of $14,087 be hereby rejected. VOTE: Passed 8-0. RESOLUTION NO. 156 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH LAMBERT’S ASBESTOS REMOVAL SERVICES, INC. – BUILDINGS AND GROUNDS WHEREAS, the water supply changes being made in the Court House Complex require connecting to existing piping with asbestos on them, and WHEREAS, the removal of asbestos material is required to be done by certified abatement contractors. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Lambert’s, a certified abatement contractor, for the removal of twenty-five (25) LF of asbestos pipe insulation for the amount of $1,325.00 to be paid from account no. 004-0004-0878; contract subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 157 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH CPE INTERLINK FOR INSTALLATION OF FIRE ALARM SYSTEM – BUILDINGS AND GROUNDS WHEREAS, quotes have been solicited and received, per the Schuyler County purchasing policy, for installation of a new fire alarm system in the District Attorney’s offices along with upgrading the jail fire alarm system, and WHEREAS, the lowest quote is with CPE Interlink for the amount of $10,183.50 to be paid from the Facilities & Grounds Capital Reserve account no. [PHONE REDACTED]. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign the contract for installation and upgrade of said fire alarm system upon approval of the County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 158 Motion by Fagan, Second by Karius. RE: ACCEPT BID FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT WHEREAS, Resolution No. 131-05 authorized advertisement for sealed bids for the application of fluridone on Lamoka Lake and the residual monitoring thereof, and WHEREAS, bids were opened April 1, 2005 and reviewed, with the recommendation being made by the Lamoka/Waneta Lakes District Commission to accept the sole bid from Allied Biological, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the sole bid from Allied Biological, Inc., for the application of fluridone on Lamoka Lake and the residual monitoring thereof at the low bid price of $55,512.50 plus a potential booster application cost of $3,500 per boost and a chemical cost of $1,600 per gallon, and authorizes its Chairman to sign any and all necessary contract documents, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 159 Motion by Fagan, Second by Karius. RE: APPROVE APPLICATION FOR CORRECTION OF REAL PROPERTY TAXES – PARRISH WHEREAS, an application for correction of real property taxes has been made in accordance with Section 554 of the Real Property Tax Law (RPTL), and WHEREAS, the Real Property Tax Director has determined that the assessment on parcel 94.00-1- 19.110, owned by Parrish in the Town of Dix, represents a duplicate entry on the roll, and WHEREAS, the duplicate entry constitutes a clerical error as defined in RPTL Section 550(2)(f), and WHEREAS, it is the recommendation of the Director that the application be approved. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved and that the 2005 County/Town tax roll be reduced by $1,294.82 to show an original amount due of and BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to chargeback $197.07 to the Town of Dix, $628.82 to the Watkins Glen School District, and $468.93 as Uncollectible. VOTE: Passed 8-0. RESOLUTION NO. 160 Motion by Fagan, Second by Karius. RE: AUTHORIZE AGREEMENT WITH STEUBEN COUNTY FOR BOARDING OF PRISONERS – SHERIFF’S DEPARTMENT WHEREAS, it is necessary from time to time for the Schuyler County Jail to board prisoners from other counties because of overcrowding. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with Steuben County for a period of one year starting May 1, 2005 through April 30, 2006 at a cost of $65.00 per day for each boarded inmate, contract subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RESOLUTION NO. 161 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH CATHOLIC CHARITIES, SCHUYLER OUTREACH FOR EMERGENCY SERVICES – SOCIAL SERVICES WHEREAS, the Department of Social Services has been allocated funding for its TANF Services Plan, and WHEREAS, the Department of Social Services wishes to contract with Catholic Charities – Schuyler Outreach which has the expertise to provide emergency services for TANF eligibles. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract not to exceed $10,000 with Catholic Charities – Schuyler Outreach for Emergency Services for the Department of Social Services for the term January 1, 2005 through June 30, 2005, funding available in the 2005 budget, account no. 6010.522; subject to approval by the County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 162A Motion by Slusser, Second by Karius. RE: MOTION TO AMEND RESOLUTION NO. 162 BE IT RESOLVED, that Resolution No. 162 be amended to add a Be It Further Resolved clause to read as follows: “BE IT FURTHER RESOLVED, that the payment of bills is subject to negotiations between the County Administrator and Labor Counsel”. VOTE: Passed 8-0. RESOLUTION NO. 162 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS – HUMAN RESOURCES – AS AMENDED WHEREAS, there has been a significant increase in human resource issues that required professional labor attorney expertise, and WHEREAS, there are insufficient funds in the Human Resources 2005 budget to cover the same. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $15,000 from Contingency account no. 1990.5 to Human Resources account no. 1430.435, and BE IT FURTHER RESOLVED, that the payment of bills is subject to negotiations between the County Administrator and Labor Counsel. VOTE: Passed 8-0. RESOLUTION NO. 163 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE FILLING VACANT NURSE POSITION - COMMUNITY SERVICES WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Schuyler County Mental Health Clinic has one full-time Senior Registered Professional Nurse position and one full-time Registered Professional Nurse position, both of which are vacant, and WHEREAS, it is the request of the Director of Community Services/Public Health that he be given the ability to hire one or the other of these positions, whichever is most easily recruited, but not both. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of Community Services/Public Health to fill either a full-time Senior Registered Professional Nurse position at $19.74 per hour, or a Registered Professional Nurse position at $18.92 per hour, for the Mental Health Clinic, funding being available in the 2005 budget. VOTE: Passed 8-0. RESOLUTION NO. 164 Motion by Slusser, Second by Bingell. RE: MOTION TO BRING FOUR RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that four Resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 165 Motion by Bingell, Second by Fagan. RE: APPOINTMENT – SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Timothy M. O’Hearn, County Administrator, to the Southern Tier Regional Planning & Development Board to fill the un- expired term of Legislator Daryl L. Slusser through December 31, 2006. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 VOTE: Passed 8-0. RESOLUTION NO. 166 Motion by Bingell, Second by Fagan. RE: AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR RE-EVALUATION OF THE RURAL URBAN CENTER BUILDING – BUILDINGS AND GROUNDS WHEREAS, the Legislature is still searching for the most viable option to meet the building space needs for the County, and WHEREAS, they wish to change the program elements to be housed in the required building space needs, and WHEREAS, they have asked Hunt Engineers, Architects and Surveyors to apply the program changes to the original Rural Urban Center addition design. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign an agreement with Hunt Engineers, Architects and Surveyors in the amount of $3,800, plus additional printing costs of up to $75.00, funding available in account no. 1620.435-Professional Fees and Services; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 167 Motion by Bingell, Second by Fagan. RE: AUTHORIZE CHAIRMAN TO SIGN A LETTER SUPPORTING THE FACILITATION AND COORDINATION OF TRANSPORTATION PLANNING WHEREAS, Steuben and Schuyler County, with assistance from New York State Department of Transportation (NYSDOT) and the Elmira-Chemung Transportation Council (ECTC), conducted a Transportation Needs Study, and WHEREAS, one recommendation of the study was the formation of the Steuben-Schuyler Transportation Committee to facilitate and coordinate transportation planning. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a letter expressing this Legislature’s request that NYSDOT undertake a review of current transit service in our area and determine if regional service would be a more cost effective and efficient way of delivering service to our customers. VOTE: Passed 8-0. RESOLUTION NO. 168 Motion by Bingell, Second by Fagan. RE: AUTHORIZE FILLING VACANT PART-TIME DISPATCHER POSITION – SHERIFF’S DEPARTMENT WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, one part-time Dispatcher has resigned and the position needs to be filled, and WHEREAS, there is funding available in the 2005 budget for this position. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill the vacant part-time Dispatcher position at the starting pay rate of $10.99 per hour effective immediately. VOTE: Passed 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison reported on the Public Safety/Criminal Justice Committee. He reported that there will be someone from the State Public Defender’s Association at his committee meeting next Tuesday to explain the $39,000 revenue that is being given the Public Defender’s Office and how it can be used. Legislator Slusser reported on the Management and Finance Committee. He reported that the proposed Information Technology Policy has been issued to all legislators for review. A lot of work has gone into it. The IT Committee is proposing this policy the way it is. He asked that they please review it and if there are any reservations, pleases bring them forward for the Management and Finance Committee. Legislator Fagan reported on the Community Development and Natural Resources Committee. He reported that last Saturday there was a tire collection day held at the Highway Department. It was short notice and they had terrible weather. However, they collected 1,300 tires, half of which went to WGI for safety efforts. He thanked all of the volunteers involved. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 PUBLIC PARTICIPATION: Judy Lampman thanked Legislator Bleiler for the information on budgeting, Medicaid, etc. It gave her some insight on the overall county budget. Angie Franzese commented that the Legislature votes to approve increases in taxes, but then turns around and votes on increases in expenses, such as the capital chargeback for Corning Community College, a possible building project to address space needs, etc. She suggested they start cutting expenses and use fund balance to offset taxes since the fund balance is twice what is recommended by the state. Legislator Slusser clarified that the support for Corning Community College is for capital projects, such as replacing a roof, not for a new building. The Meeting adjourned at 8:30 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk REGULAR MEETING MAY 9, 2005 The May 9, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator, Timothy O’Hearn, were also present. PUBLIC PARTICIPATION: Judy Lampman from the Seneca Clipper Inn was present with Ted Galeski from the Magnolia Bed & Breakfast to share information on a bill having to do with funding tourism and economic development. The state is considering taxing gambling casinos to help fund tourism and she is in favor of it. She also shared that the Schuyler County Lodging Association is using the old Timespell ticket booth to give out information on all businesses in the county. See press release on file in the Legislative Office. 6:45 P.M. – ECONOMIC OPPORTUNITY PROGRAM, INC. PRESENTATION BY ANDREA OGUNWUMI: Legislator Bingell announced that this is a special day for Schuyler County. In 1983 Schuyler County became part of the Economic Opportunity Program (EOP). EOP was created back in 1964 by an act of Congress. It is 40 years old this year. She introduced Andrea to make a presentation to legislators and the public explaining what EOP does for the community. Andrea stated she had come to the Legislature about a year ago. She introduced Maryanne Bryant, Deputy of Resources. She then handed out information on EOP to the legislators (on file). In summary, their national and local focus is to save lives. They provide a lot of programs and services. They are happy to have Legislator Sharon Bingell on their board. She highlighted areas of interests in the handout. She invited everyone to their open house here in Watkins Glen at 507 N. Franklin St., Wednesday, June 8th from 3-5 p.m. They look forward to servicing Schuyler County for many more years to come. RESOLUTION NO. 169 Motion by Larison, Second by Bingell. RE: RECOGNIZE THE WEEK OF MAY 7-15, 2005 AS SEE AMERICA WEEK/NATIONAL TOURISM WEEK WHEREAS, over 1.5 million travelers visited Schuyler County, contributing $25 million to the County’s economy, and WHEREAS, travel and tourism provides employment for 720 people, generating a payroll of $10.5 million, and WHEREAS, travel and tourism ranks as one of Schuyler County’s largest industries in terms of revenues generated, and WHEREAS, the travel and tourism industry supports the vital interests of Schuyler County, contributing to our employment, economic prosperity, and goodwill, and WHEREAS, as people throughout the world become more aware of the outstanding cultural and recreational resources available in Schuyler County and the United States, travel and tourism will become an ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 increasingly important aspect in the lives of our citizens, and WHEREAS, given these laudable contributions to the economic, social, and cultural well being of the citizens of Schuyler County, it is fitting that we recognize the importance of travel and tourism. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes the week of May 7-15, 2005 as See America Week/National Tourism Week, and the Chairman is authorized and requested to issue a proclamation calling upon the people of the Schuyler County to observe this week with appropriate ceremonies and activities. VOTE: Passed 8-0. RESOLUTION NO. 170 Motion by Larison, Second by Bingell. RE: PROCLAIM THE MONTH OF MAY 2005 AS COMMUNITY ACTION MONTH WHEREAS, community action agencies were created when the Economic Opportunity Act of 1964 was signed into law, and WHEREAS, community action agencies have more than a 40-year history of promoting self-sufficiency for the limited income, and WHEREAS, community action agencies have made an essential contribution to individuals and families in Schuyler County by providing them with innovative and cost-effective programs, and WHEREAS, community action agencies are needed as major participants in the reform of the welfare system as we know it, and WHEREAS, welfare reform in Schuyler County has benefited from a partnership with its community action agencies, and WHEREAS, the limited income citizens continue to need opportunities to improve their lives and their living conditions, thus ensuring that all citizens are able to live in dignity, and WHEREAS, Schuyler County and the entire United States must continue to wage war on poverty by providing support and opportunities for all citizens in need of assistance. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, does hereby proclaim May 2005 as Community Action Month in Schuyler County in recognition of the hard work and dedication of its designated community action agency. VOTE: Passed 8-0. RESOLUTION NO. 171 Motion by Larison, Second by Bingell. RE: SET PUBLIC HEARING ON THE INCLUSION OF ADDITIONAL LANDS IN SCHUYLER COUNTY AGRICULTURAL DISTRICTS WHEREAS, in accordance with New York State Agricultural Law, Article 25AA, Schuyler County has established an annual enrollment period for landowners to petition the County to include their land in one of the three Schuyler County Agricultural Districts, and WHEREAS, during the 2005 enrollment period the County received requests to add 13 parcels to the districts. NOW, THEREFORE, BE IT RESOLVED, that the Legislature sets a public hearing for June 13th at 7:00 p.m. in the Legislative Chambers, to accept public comment on the addition of these parcels to Agricultural Districts I, II and III. VOTE: Passed 8-0. RESOLUTION NO. 172 Motion by Yuhasz, Second by Bingell. RE: RECOGNIZE MAY AS MENTAL HEALTH MONTH - COMMUNITY SERVICES WHEREAS, Schuyler County Mental Health Clinic provides Outpatient Mental Health Services, including Children and Adult Case Management Services, and WHEREAS, mental health is essential to everyone’s overall health and well-being, and WHEREAS, mental health problems do not discriminate between race, creed, age limit or economic status, and WHEREAS, untreated or under treated mental illness costs public and private employers billions of dollars annually through absenteeism, turnover, low productivity and increased medical costs, and WHEREAS, Elmira Center provides a Socialization Program, Intensive Case Management Services, and Intensive Rehabilitation Treatment to adults in Schuyler County, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 WHEREAS, Gateways provides Community Residence Program, Supportive Apartments, Intensive Supportive Apartments and Independent Living Apartments for mentally impaired individuals of Schuyler County, and WHEREAS, Pathways, Inc. provides respite services for children and youth and operates the REACH Family Based Treatment Program, and WHEREAS, the Schuyler County Mental Health Association actively promotes education and other activity in support of mental health programs, and WHEREAS, the Community Services Board and the Mental Health Subcommittee of the Community Services Board are responsible for mental health programming and services in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes 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. 173 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM JULY 1, 2005 – JUNE 30, 2006 – HEALTH SERVICES WHEREAS, Schuyler County must provide transportation to preschool children with disabilities. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Health Services be hereby authorized to advertise for bids for the transportation of preschool children with disabilities from July 1, 2005 through June 30, 2006, and BE IT FURTHER RESOLVED, that bids are to be marked “Sealed Bid” and received by the Clerk of the Legislature at the County Office Building, 105 Ninth St., Unit 6, Watkins Glen, NY 14891, no later than 9:15 AM, June 1, 2005. The bids will be opened that same day in the Legislative Office at 9:30 a.m. at which time recommendations for legislative action will be made; acceptance or rejection of bids will be done at the June 13, 2005 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. 174 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE APPOINTMENT TO THE ALCOHOL AND SUBSTANCE ABUSE SUBCOMMITTEE - COMMUNITY SERVICES WHEREAS, the Alcohol and Substance Abuse Subcommittee has several vacancies, and Michelle Ormsbee has expressed an interest in serving on the Subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Michelle Ormsbee to the Alcohol and Substance Abuse Subcommittee for the term May 9, 2005 through December 31, 2008. VOTE: Passed 8-0. RESOLUTION NO. 175 Motion by Larison, Second by Bingell. RE: AUTHORIZE 2005 CONTRACT RENEWAL WITH MEDWISDOM FOR SOFTWARE MAINTENANCE – COMMUNITY SERVICES WHEREAS, MedWisdom currently provides software maintenance for the MD2000 billing and record system for the Community Services Department, and WHEREAS, continuation of the software maintenance agreement is necessary to maintain the revenue flow generated from the billing process, and WHEREAS, MedWisdom has increased their quarterly maintenance fee for 2005 from three hundred and thirty dollars ($330.00) to four hundred dollars ($400.00). NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with MedWisdom for software maintenance for the MD2000 system for the period January 1, 2005 through December 31, 2005, at a quarterly rate of $400.00, the total amount of the agreement not to exceed $1,600, such amount provided for in the 2005 Community Services budget, account 4310.435, subject to approval by the Schuyler County Attorney. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 VOTE: Passed 8-0. RESOLUTION NO. 176 Motion by Larison, Second by Bingell. RE: AMEND THE 2005 COUNTY BUDGET FOR MEDICAID FUNDING – COMMUNITY SERVICES WHEREAS, the New York State Office of Mental Health has implemented a change in the funding of the Intensive Case Management and Supportive Case Management programs effective January 1, 2005, and WHEREAS, this change includes an enhanced fee for service reimbursement rate through Medicaid for case management services, and WHEREAS, this change will result in a reduction in State Aid and an increase in fee for service Medicaid revenue. WHEREAS, the New York State Office of Mental Health has allocated $1,500 ($500 per case manager) specifically for training purposes. NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorizes the County Treasurer to amend the 2005 Mental Health Budget as follows: AMOUNT ACCOUNT DESCRIPTION +$36,843 4310-1620 Mental Health Fees + 1,500 4310-0440 Travel + 9,973 4310-0435 Professional Fees - $25,370 4310-3490 State Aid – Mental Health VOTE: Passed 8-0. RESOLUTION NO. 177 Motion by Larison, Second by Bingell. RE: DECLARE LAPTOP SURPLUS AND TRANSFER TO THE MONTEREY VOLUNTEER FIRE DEPARTMENT – SHERIFF’S DEPARTMENT WHEREAS, the Sheriff’s Department has an old laptop computer which is no longer being used, and WHEREAS, the Monterey Volunteer Fire Department is in need of such a computer for programming their radios. NOW, THEREFORE, BE IT RESOLVED, that pursuant to County Law Section 215, this Legislature hereby declares the above laptop computer surplus and transfers the same to the Monterey Volunteer Fire Department. VOTE: Passed 8-0. RESOLUTION NO. 178 Motion by Larison, Second by Bingell. RE: RESOLUTION SUPPORTING THE NEW YORK STATE LEGISLATURE IN PASSING ASSEMBLY BILL NO. A.03245 AND SENATE BILL NO. S.02842 AUTHORIZING COUNTIES TO IMPOSE FEES ON PROBATIONARY CLIENTS FOR THE ACTUAL COST OF DRUG TESTS WHEREAS, Assembly Bill 03245 and Senate Bill 02842, if enacted, would provide financial assistance to counties with administrative costs incurred by local probation departments in rendering probation services. This legislation expands authority for local jurisdictions to impose a general administrative fee, a fee for electronic monitoring, and drug testing fees upon all adult probationers or conditional releases. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby encourages the New York State Legislature to pass Senate Bill S.02842 and Assembly Bill A.03245 to adopt special legislation to authorize counties to impose fees on probationary clients for the actual cost of drug tests, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator George H. Winner, Jr., New York State Thomas M. O’Mara, to the Majority and Minority Leaders of the New York State Assembly and Senate, and to the Inter-County Association of Western New York. VOTE: Passed 8-0. RESOLUTION NO. 179 Motion by Larison, Second by Bingell. RE: AMEND 2005 BUDGET FOR INDIGENT REVENUES - PUBLIC DEFENDER WHEREAS, the Schuyler County Public Defender’s Office is in receipt of funding from the Indigent Legal Services Fund, and WHEREAS, the funding is to be used to improve the quality of services provided pursuant to article eighteen-B of the county law to “supplement and not supplant” any local funds which Schuyler County would ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 otherwise have had to expend for the provision of counsel and expert, investigative and other services pursuant to article eighteen-B of the county law; and WHEREAS, said funds need to be placed in the appropriate line items in the budget. NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorizes the County Treasurer to amend the 2005 Public Defender’s budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$27,500.00 1170.400 Contractual Services - ILSF +$12,165.57 1170.435 Professional Fees and Services +$39,665.57 1170-3389 Other Indigent Services Fund VOTE: Passed 8-0. RESOLUTION NO. 180 Motion by Larison, Second by Bingell. RE: RESOLUTION SUPPORTING STATE FUNDING AND INDEPENDENT OVERSIGHT OF PUBLIC DEFENSE FUNCTIONS – PUBLIC DEFENDER - FAILED WHEREAS, in certain proceedings New York State is required to provide high quality legal assistance to persons otherwise financially unable to obtain counsel and/or necessary expenses of representation, and WHEREAS, providing those public defense services serves the ends of justice in accordance with rights and privileges guaranteed by the constitution of the state of New York and the Constitution of the United States of America, and WHEREAS, the availability of high quality public defense services affirms the faith of citizens in New York State's government of laws, and WHEREAS, the present system under County Law Articles 18-A and 18-B of requiring the counties to assume the State's burden of providing public defense services, with little state financial assistance and no state oversight, is operating unsatisfactorily, and WHEREAS, counties and localities are struggling to carry the increasing burden of fulfilling the state mandate to provide defense services, and WHEREAS, no mechanism currently exists for state oversight of the provision of public defense services, despite its character as a state mandate and the appropriation of some funds to support public defense services, and WHEREAS, sound fiscal and governmental policy require oversight of defense services to ensure that the state mandate is being met and to determine the most effective and efficient future allocation of state funds. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County respectfully requests the Governor of the State of New York to support and the New York State Legislature to pass legislation introduced this session (A.6908), which: a) increases funding for the provision of public defense services in each of the counties of the state, and b) creates an independent and politically insulated statewide Public Defense Commission to oversee both the distribution of state funds and the provision of defense services that would: 1) Establish and monitor compliance with standards for the provision of defense services to assure effective, efficient representation; 2) Administer distribution of state funds to counties and localities; and 3) Report to the Governor, the Legislature and the Judiciary annually, making recommendations as to actions needed to improve the provision of public defense services in New York State, and BE IT FURTHER RESOLVED, that copies of this resolution be sent to the Governor of the State of New York, the Majority Leader of the New York State Senate, the Speaker of the New York State Assembly, the Chairs of the Codes Committees of the New York State Senate and Assembly, the State Senators and Assembly Members representing Schuyler County, and to the Inter-County Association of Western New York. VOTE: Failed 3-5. (Noes: Fagan, Bleiler, Yuhasz, Slusser & Gifford) RESOLUTION NO. 181 Motion by Yuhasz, Second by Karius. RE: AUTHORIZE AMENDMENT TO THE CONTRACT WITH STANLEY CLARK FOR OFFICE COVERAGE – VETERANS SERVICE AGENCY WHEREAS, the Veterans Service Agency is need of more office coverage from Stanley Clark than ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 anticipated for the year 2005, and WHEREAS, the hours need to be extended from 100 hours to 240 hours for the year at $12/hour, and WHEREAS, there is also a need for this contractor to be able to attend conferences in the absence of the Director. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the contract with Stanley Clark for the Veterans Service Agency for the term January 1, 2005 through December 31, 2005 to extend the hours of coverage from 100 hours to 240 hours, in an additional amount of $1,860, funding available in the 2005 Veterans budget account no. 6510.435-Professional Fees and Services; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that Stanley Clark be hereby authorized to attend conferences in the absence of the Director within budgeted funds VOTE: Passed 8-0. RESOLUTION NO. 182 Motion by Yuhasz, Second by Karius. RE: AUTHORIZE FILLING VACANT MEAL DELIVERER POSITION – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging as a vital part of its mission serves on the average over twenty-five (25) thousand home delivered meals and over fourteen (14) thousand congregate meals on an annual basis to residents of Schuyler County who are sixty years and older, and said meals and related expenditures account for over two hundred thousand dollars from this Office’s budget, and WHEREAS, to be able to continue to deliver the large number of meals every month it is vital to replace this meal deliverer and maintain the staff at the current level, and WHEREAS, funds for the payment of this position have previously been budgeted and provided for by Title III C of the Older Americans Act, NYS Supplemental Nutritional Assistance Program, and the Schuyler County Budget, and this is a non-competitive position requiring no testing. NOW, THEREFORE, BE IT RESOLVED, that the Office of the Aging Director is authorized to fill the vacant Meal Deliverer position at Grade Level 0, $10.40 per hour, for 20 hours a week, such hiring is contingent on the Office for the Aging having funds available for such a position. VOTE: Passed 8-0. RESOLUTION NO. 183 Motion by Yuhasz, Second by Karius. RE: DECLARE EQUIPMENT SURPLUS - VARIOUS DEPARTMENTS – AMENDED BY RESOLUTION NO. 226-05 WHEREAS, several county departments have surplus equipment and vehicles. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby declares the following list of equipment and vehicles surplus to be sold in accordance with County Law Section 215: 1992 Ford F15 Pickup 1985 Waldon Road Sweeper - Self Propelled 1998 Chevrolet Pickup 1974 Apsco Shoulder Widener – Self Propelled 1972 Hough H-65 Payloader 1997 Ford Crown Victoria 12’ Viking on Way Plow 1999 Ford Crown Victoria 13’ Viking Plow Wing 2002 Voyager 2003 Chevrolet Malibu 2003 Ford Taurus 2004 Dodge Intrepid 1996 Oldsmobile Cutlass 1952 5,000 Gallon Water Tank Trailer 1984-86 Sheriff’s Patrol Boat w/trailer VOTE: Passed 8-0. RESOLUTION NO. 184 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE AMENDMENT TO THE AGREEMENT WITH HARTER, SECREST & EMERY FOR LABOR COUNSEL SERVICES – HUMAN RESOURCES WHEREAS, Resolution No. 521-04 accepted a proposal from Harter, Secrest & Emery, LLP for labor counsel services for the Human Resources Department for the year 2005 at the rate of $145 per hour, and WHEREAS, the rate of $145 per hour is for any associate attorneys, however any partner activity is at the rate of $200 per hour. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an addendum to the agreement with Harter, Secrest & Emery, LLP to set forth the rate for partner ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 activity, effective April 1, 2005 through December 31, 2005; funding available in Human Resources account no. 1430.435; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 185 Motion by Bleiler, Second by Yuhasz. RE: LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. OF THE YEAR 2005 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS WHEREAS, the County law permits and requires the Legislature to set the salaries of all officials paid from County funds, and WHEREAS, the salaries of certain elected officials have been reviewed and are in need of revision upon the expiration of their terms NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4/Local Law No. of the year 2005, in the form hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on June 13, 2005 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. OF THE YEAR 2005 A Local Law Setting Salaries for Certain Elected Officials for Fiscal Years 2006, 2007, 2008, 2009. Section 1. LEGISLATIVE INTENT This Local Law is enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salaries of certain elected officials for fiscal years 2006, 2007, 2008, 2009. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal years 2006, 2007, 2008 and 2009 the annual salaries of the following officials shall be adjusted by the Consumer Price Index (CPI). The CPI to be used for this adjustment will be the New York Area of the Urban Wage Earners and Clerical Workers (CPI-W) Group. The adjustment will be made annually based on the CPI from the July Bureau of Labor Statistics data report. TITLE CURRENT SALARY Legislators $6,184 Sheriff $55,897 County Clerk $39,450 *District Attorney $119,800 * - salary set and subject to change by State of New York Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. VOTE: Passed 8-0. RESOLUTION NO. 186 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS TO PAY SUNY BINGHAMTON - LEGISLATURE WHEREAS, there is one final payment that needs to be paid to SUNY Binghamton for the Performance Based Budget project, and WHEREAS, funds were budgeted in the 2004 budget and converted to fund balance as unspent. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $218.72 from Contingency account no. 1990.500 to Legislative account no. 1010.435. VOTE: Passed 7-1. No: Larison. RESOLUTION NO. 187 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS TO PAY ITALIAN/AMERICAN FESTIVAL COMMITTEE FOR SESQUICENTENNIAL EVENT WHEREAS, it was agreed that the County would reimburse the Italian/American Festival Committee for their efforts during the sesquicentennial event in 2004, and WHEREAS, funds were budgeted in the 2004 budget and converted to fund balance as unspent. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $935.00 from Contingency account no. 1990.500 to Celebrations account no. 7510.400. VOTE: Passed 8-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RESOLUTION NO. 188 Motion by Larison, Second by Bingell. RE: AUTHORIZE FILLING VACANT SR. ACCOUNT CLERK TYPIST POSITION – TREASURER’S OFFICE – RESCINDED BY RESOLUTION NO. 229-05 WHEREAS, Resolution No. 439-03 requires legislative approval to fill all vacant positions, and WHEREAS, the Sr. Account Clerk Typist in the Treasurer’s Office has tendered her resignation effective May 27, 2005. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the County Treasurer to fill the pending vacant Sr. Account Clerk Typist position, Grade Level XII, $12.80 per hour, funding available in the Treasurer’s 2005 Personal Services line item. VOTE: Passed 8-0. WITHDRAWN RE: RESOLUTION TO DECLARE EQUIPMENT SURPLUS – REAL PROPERTY TAX SERVICE - WITHDRAWN WHEREAS, the Real Property Tax Service annually microfilms the Schuyler County tax map set, and no longer has use for the 2002 tax map set. NOW THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that this County Legislature hereby declares as surplus the following items from the Real Property Tax Office and authorizes the Real Property Tax Office to dispose of the same, with a minimum bid per set as set forth: 2002 TAX MAP SET - $200.00 RESOLUTION NO. 189 Motion by Larison, Second by Bingell. RE: ADOPT INSURANCE STANDARDS WAIVER POLICY WHEREAS, it is occasionally necessary for the Legislature to grant a waiver of County insurance standards for good cause shown and, WHEREAS, this function would be more efficiently performed by a delegation of authority. NOW, THEREFORE, BE IT RESOLVED, that requests for waivers of County insurance standards shall thereafter be granted by a consensus of the Chairman of the Legislature, the County Administrator and the County Attorney, County insurance standards to remain in full force and effect. Waivers shall be granted only in writing and copies therof shall be appended to the particular contract at issue, and BE IT FURTHER RESOLVED, that upon obtaining consensus, any of the designees may sign the waiver and in the event of an impasse regarding granting a waiver, the parties may submit the issue to the Legislature per prior practice. VOTE: Passed 8-0. RESOLUTION NO. 190 Motion by Bingell, Second by Bleiler. RE: AMEND RESOLUTION NO. 106-05 TO INCLUDE KNIGHT SETTLEMENT AS A BID EXTENSION – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 106-05 exercised the second and final year of a two-year contract renewal option for Crushed Stone (Limestone) and Crushed Gravel, and WHEREAS, Knight Settlement was inadvertently omitted from the original resolution. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 106-05 be amended to accept the bid extension from Knight Settlement, PO Box 191, Knight Settlement Road, Bath, NY 14810. VOTE: Passed 8-0. RESOLUTION NO. 191 Motion by Bingell, Second by Bleiler. RE: AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREOF – HIGHWAY DEPARTMENT WHEREAS, a Project for the replacement of BIN 3332390, Stillwell Road over Taughannock Creek, Town of Hector, Schuyler County, PIN 6753.77 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 WHEREAS, the County of Schuyler desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of the replacement of BIN 3332390, Stillwell Road over Taughannock Creek, Town of Hector, Schuyler County, PIN 6753.77. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, duly convened does hereby approve the above-subject project, and authorizes payment in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and Design work for the Project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of approximately $110,000.00 and will be appropriated in upcoming budgets, account number 5020.400 and made available to cover the cost of participation in the above phase of the Project, and BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the County of Schuyler shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County Legislature be hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Schuyler with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. VOTE: Passed 8-0. RESOLUTION NO. 192 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CONSIGNMENT CONTRACTS FOR COUNTY AUCTION OF SURPLUS VEHICLES – HIGHWAY DEPARTMENT WHEREAS, the Public Works Committee has agreed with the Highway Superintendent to take surplus items to auction. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of Legislature be hereby authorized to sign contracts with Roy Teitsworth for auctions in Palmyra and Lansing, at a 10% commission; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 193 Motion by Bingell, Second by Bleiler. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS ASSEMBLY BILL A.6556 AND SENATE BILL S.3415 TO AUTHORIZE SCHUYLER COUNTY TO DISCONTINUE THE USE OF AND CONVEY CERTAIN PARK LANDS TO THE KROG CORPORATION IN EXCHANGE FOR ADDITIONAL PARKLANDS BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature pass Senate Bill S.3415 and Assembly Bill A.6556 to adopt special legislation, to authorize Schuyler County to discontinue the use of and convey certain park lands to the Krog Corporation in exchange for additional parklands, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator George H. Winner, Jr., New York State Thomas M. O’Mara, and to the Majority and Minority Leaders of the New York State Assembly and Senate. VOTE: Passed 8-0. RESOLUTION NO. 194 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE ADVERTISING FOR SENECA HARBOR PARK PHASE III PROJECT BIDS – SENECA HARBOR PARK WHEREAS, Resolution No. 54-05 authorized design work to be done to complete the east end of the Seneca Harbor Park parking area. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Schuyler County Legislature be hereby directed to advertise for bids of the Phase III parking upon completion of the Design & Bid specifications by Hunt Engineers, Architects and Surveyors. VOTE: Passed 8-0. RESOLUTION NO. 195 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE PAYMENT FOR NEW HANDRAILS TO THE SECOND FLOOR OF THE DISTRICT ATTORNEY’S OFFICE – BUILDINGS AND GROUNDS WHEREAS, the existing handrail going to the second floor in the District Attorney’s Office does not meet NYS Building Codes or OSHA standards, and WHEREAS, a new handrail has been designed to be installed in a way to preserve the historic existing handrail yet meet all codes. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the payment of $6,500.00 to Jacobson’s Steel Works for the new handrail design and installation from capital account 004-0004-0878. VOTE: Passed 8-0. RESOLUTION NO. 196 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE GRANT APPLICATION FOR PURCHASE OF LAND AND IMPROVEMENTS RELATIVE TO THE CATHARINE VALLEY TRAIL – BUILDINGS AND GROUNDS WHEREAS, the county is acquiring a parcel of land which extends from the east end of Seneca Harbor Park southeast fifteen (15) feet wide along the southern edge of the Finger Lakes Rail Road right-of-way to a point just past Perry Street, and WHEREAS, the intended use of this land is for the Catharine Valley Trail to reach its northern end in Seneca Harbor Park, and WHEREAS, there is about five hundred (500) feet of private land between the east end of the new parcel and Fourth Street, which connects to the Village of Watkins Glen property, that is to be used for the Catherine Valley Trail. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a grant application for funding under the Environmental Protection Act of 1993 and Federal Land and Water Conservation Fund for the purchase of the remaining land as well as making the Catherine Valley Trail improvements. VOTE: Passed 8-0. RESOLUTION NO. 197 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CREATION AND FILLING OF ONE TEMPORARY LABORER POSITION – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Highway Superintendent has decided it would be beneficial to create and fill one additional temporary Laborer to help with the summer road maintenance, and WHEREAS, there is currently one temporary motor equipment operator and three temporary laborer positions approved, and WHEREAS, the temporary motor equipment operator position is to be eliminated, giving Highway a total of four temporary laborers, and WHEREAS, the funding for this position is available in the 2005 Personal Services Account. NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent be hereby authorized to eliminate the temporary motor equipment operator position and create and fill one additional temporary laborer position and at the rate of $ 7.00 per hour for not more than a six month period. VOTE: Passed 8-0. RESOLUTION NO. 198 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE MEMORANDUM OF AGREEMENT FOR SHERIFF’S DEPARTMENT BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a Memorandum of Agreement as drafted and approved by the County’s labor counsel relative to a labor issue involving the Sheriff’s Department. VOTE: Passed 8-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RESOLUTION NO. 199 Motion by Larison, Second by Bingell. RE: RECOGNIZE MAY 6-12, 2005 AS NATIONAL NURSES WEEK WHEREAS, the nearly 2.7 million registered nurses in the United States comprise our nation’s largest health care profession, and the depth and breadth of the registered nursing profession meets the different and emerging health care needs of the American population in a wide range of settings, and WHEREAS, professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients, and the demands for registered nursing services will be greater than ever because of the aging of the American population, the continuing expansion of life-sustaining technology, and the explosive growth of home health care services. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature ask all residents of Schuyler County to join them in honoring the registered nurses who care for all of us, and BE IT FURTHER RESOLVED, that the residents of Schuyler County celebrate registered nursing’s accomplishments and efforts to improve our health care system and show our appreciation for the nation’s registered nurses not just during this week, but at every opportunity throughout the year. VOTE: Passed 8-0. RESOLUTION NO. 200 Motion by Larison, Second by Bingell. RE: ADOPT INFORMATION SECURITY AND COMPUTING POLICIES WHEREAS, the Information Technology Committee was given a directive to create one document relative to information security and computer use policies, and WHEREAS, the primary objectives of the policies are to effectively manage the risk of security exposure or compromise within Schuyler County systems, and WHEREAS, the Information Technology Committee recommends that the Schuyler County Legislature adopt these policies. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the Schuyler County Information Security and Computing Policies, as attached hereto to be made part of Schuyler County Policies and Procedures effective immediately and to be distributed to all county employees for their signature. VOTE: Passed 8-0. RESOLUTION NO. 201 Motion by Larison, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR BYRNE GRANT FUNDS FOR THE PURCHASE OF SOFTWARE AND EQUIPMENT – PROBATION DEPARTMENT WHEREAS, the New York State Division of Probation and Correctional Alternatives and the New York State Division of Criminal Justice Services have Byrne Grant funding available for the Schuyler County Probation Department to assist them in purchasing new software and equipment, and WHEREAS, the Probation Department wishes to apply for said grant funds in the amount not to exceed $30,000, and WHEREAS, this grant requires a 25% county match which will need to be appropriated in the 2006 budget. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to accept any approved funds and sign any necessary documents for said funds; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 202 Motion by Bingell, Second by Bleiler. 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. 203 Motion by Slusser, Second by Bingell. RE: RECOGNIZE THE WEEK OF MAY 15-21, 2005 AS EMERGENCY MEDICAL SERVICES WEEK WHEREAS, emergency medical services is a vital public service, and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury, and WHEREAS, emergency medical services providers have traditionally served as the safety net of America’s health care system, and WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others, and WHEREAS, approximately two-thirds of all emergency medical services providers are volunteers, and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills, and WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals, and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week, and WHEREAS, injury prevention and the appropriate use of the EMS system will help reduce national health care costs. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes the week of May 15-21, 2005 as Emergency Medical Services Week and encourages the community to observe this week with appropriate programs, ceremonies, and activities. VOTE: Passed 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison reported on the Public Safety/Criminal Justice Committee. There was an article in the Star Gazette informing everyone that when you get a ticket now, you not only pay the judge, you pay the State $23 per point. Legislator Bingell reported on the Public Works Committee. The Highway Department is out fixing potholes and have started their summer hours. She reported that the concern with County Route 23 and speeding has been addressed. The police have picked up ten people going more than seventy miles per hour. She, herself, has noticed that there are more Sheriff and State Trooper vehicles on that route also. Legislator Fagan reported on the Community Development and Natural Resources Committee. In regards to SCOPED, there is new legislation on the Empire Zones. Our Empire Zones need to be three separate areas. The process is starting all over again. Businesses already certified will continue to receive Empire Zone benefits. Also, SCOPED is proceeding with the wine processing study. Twenty-three wineries responded to their survey. The concept is to have a centralized facility. He hopes it helps the smaller wineries. PUBLIC PARTICIPATION: George Roets, Director of Community Services/Public Health, wanted to remind everyone that it is rabies season. He reported that there have been four animals with rabies in our county. Please be aware and be vigilant. Make sure pets are vaccinated. All four animals were raccoons. That has lead to four individuals that have had to have treatment. Judy Lampman said she is very interested in the EOP. She feels badly that some young people that come into her place to apply for a job are high school dropouts. She asked Andrea if EOP works with high school dropouts. Andrea said yes, with their case management program. MOTION by Legislator Larison to go into executive session to discuss employee work history and land acquisition, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. MOTION by Legislator Larison to come out of executive session, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. The Meeting adjourned at 7:50 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk SPECIAL MEETING ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 JUNE 2, 2005 The June 2, 2005 Special Meeting of the Schuyler County Legislature was called to order at 9:30 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment of Silence. All Legislators were present, except Legislators Karius and Bleiler who were excused. County Attorney Coleman and County Administrator Timothy O’Hearn, were also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 204 Motion by Larison, Second by Bingell. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO RENEW THE ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW 2. RESOLUTION REQUESTING STATE LEGISLATION TO AMEND RESIDENCY REQUIREMENTS FOR DEPUTY SHERIFF POSITIONS 3. RESOLUTION SUPPORTING THE NEW YORK STATE LEGISLATURE IN PASSING ASSEMBLY BILL NO. A.7379 AND SENATE BILL NO. S.1490 AUTHORIZING LIMITED DIRECT INTERSTATE SHIPMENT OF WINE VOTE: Passed 6-0. RESOLUTION NO. 205 Motion by Bingell, Second by Larison. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO RENEW THE ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW WHEREAS, Schuyler County was authorized, by state legislation, to increase sales tax by 1% effective March 1, 2000, and WHEREAS, this authorization needs to be renewed every two years, and the current authorization will expire at the end of 2005, and WHEREAS, the New York State Legislature could authorize the Schuyler County Legislature to continue to impose an additional 1% sales tax for another two-year period. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature to adopt special legislation to amend such laws, including the New York State Tax Law, to authorize the Schuyler County Legislature to continue to impose an additional 1% sales tax for the years 2006-2007, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator George H. Winner, Jr., New York State Thomas F. O’Mara and to the Majority and Minority Leaders of the New York State Senate and Assembly. VOTE: Passed 6-0. RESOLUTION NO. 206 Motion by Bingell, Second by Larison. RE: RESOLUTION REQUESTING STATE LEGISLATION TO AMEND RESIDENCY REQUIREMENTS FOR DEPUTY SHERIFF POSITIONS WHEREAS, the Sheriff has difficulty in filling Deputy Sheriff vacancies with qualified candidates due to the provisions of Public Officers Law §3 which requires that a Deputy Sheriff be a resident of Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature request the New York State Legislature to amend Public Officers Law Section §3 as follows: In the County of Schuyler, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of Deputy Sheriff of the County of Schuyler, provided however that such person performing the duties and functions of ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 deputy sheriff resides in Schuyler County or an adjoining county within the State of New York unless otherwise provided by an action of the State Legislature. DISCUSSION: Legislator Slusser asked if this requires a person to move within 60 days of being hired. Attorney Coleman explained that this is permanent residence upon hire to live in Schuyler County or a contiguous county. If you require that they must move within six months, you will run into the same problem we are having now. Legislator Slusser expressed concern over making exceptions to rules or laws. Attorney Coleman said we ought to be cautious and thoughtful on waivers, however this one is the most common exception with no consequences. He feels it is pretty safe. VOTE: Passed 6-0. RESOLUTION NO. 207A Motion by Fagan, Second by Bingell. RE: MOTION TO AMEND RESOLUTION NO. 207 BE IT RESOLVED, that Resolution No. 207 be amended to add a third “Whereas” clause as follows: “Whereas, the New York State Farm Bureau recommends the support of this State Legislation. DISCUSSION: Legislator Fagan said he is concerned about the bill language and it being opposed later. He suggested that they might want to possibly just support the issue, not the specific bills. County Administrator O’Hearn explained that Senator Winner’s bill has some problems, but it is better than the Governor’s proposal. This is a direct recommendation from the New York State Farm Bureau. Legislator Fagan suggested they amend the resolution to say that this is a recommendation from the New York State Farm Bureau. VOTE: Passed 6-0. RESOLUTION NO. 207 Motion by Bingell, Second by Larison. RE: RESOLUTION SUPPORTING THE NEW YORK STATE LEGISLATURE IN PASSING ASSEMBLY BILL NO. A.7379 AND SENATE BILL NO. S.1490 AUTHORIZING LIMITED DIRECT INTERSTATE SHIPMENT OF WINE – AS AMENDED WHEREAS, Assembly Bill A.7379 and Senate Bill S.1490, if enacted, would authorize limited direct interstate shipment of wine, and WHEREAS, granting wineries direct shipment privileges to out-of-state customers will represent a significant and important market expansion, and facilitate important economic opportunities for many wineries in Upstate New York, and WHEREAS, the New York State Farm Bureau recommends the support of this State Legislation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby encourages the New York State Legislature to pass Senate Bill S.1490 and Assembly Bill A.7379 to authorize direct interstate shipment of New York State wines, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator George H. Winner, Jr., New York State Thomas M. O’Mara, to the Majority and Minority Leaders of the New York State Assembly and Senate, and to the Inter-County Association of Western New York. VOTE: Passed 6-0. Legislator Larison excused at 9:45 a.m. PUBLIC PARTICIPATION: None. MOTION by Legislator Slusser to go into executive session to discuss employee work history, SECOND by Legislator Bingell. Motion carried five ayes to zero noes. MOTION by Legislator Bingell to come out of executive session, SECOND by Legislator Yuhasz. Motion carried five ayes to zero noes. The Meeting adjourned at 9:50 a.m. Stacy B. Husted, Deputy Clerk REGULAR MEETING JUNE 13, 2005 The June 13, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Silence. All Legislators were present, except Legislator Karius who was excused. Assistant County Attorney Morris and County Administrator Timothy O’Hearn, were also present. PUBLIC PARTICIPATION: None. 7:00 P.M. – PUBLIC HEARING ON AGRICULTURAL DISTRICTS I, II & III: Legislator Bleiler explained that he sits on the Agricultural and Farmland Protection Board. The enrollment period for the Agricultural District allows for people to have the opportunity to opt in or out of a district at this time. He does not recall any requests for opt out. 7:00 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR 2005 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS: No participation. RESOLUTION NO. 208 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE MARCH 14, 2005 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the March 14, 2005 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 7-0. RESOLUTION NO. 209 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH STEPHEN J.A. MAYBEE, P.E., FOR ENGINEERING SERVICES AND AMEND 2005 BUDGET – PUBLIC HEALTH WHEREAS, the New York State Department of Health now requires that a licensed professional engineer review and approve design plans for onsite wastewater treatment systems, and WHEREAS, the New York State Department of Health also now requires that a licensed professional engineer approve evaluations of onsite wastewater treatment systems, and WHEREAS, Stephen J.A. Maybee is a professional engineer who can provide general direction to the Watershed Inspector as well as review and approve design plans for onsite wastewater treatment systems and evaluate completed systems, and WHEREAS, the Schuyler County Watershed Office agrees to compensate Stephen J.A. Maybee at the rate of $175.00 for the review and approval of each individual design plan and $100.00 for each evaluation of a completed system, and WHEREAS, the cost for the professional engineering services will be paid for by the property owner through the Watershed Inspector’s office and there will be no local share cost for the services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Stephen J.A. Maybee, P.E., for professional engineering services, at the above-stated rates, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to make the following amendments to the 2005 Public Health Budget: AMOUNT ACCOUNT NUMBER DESCRIPTION +$10,000 4050.435 Professional Fees & Services +$10,000 4050-1609 Watershed Revenues, and BE IT FURTHER RESOLVED, that the current Watershed fee schedule be amended to include professional engineering services at the above stated rates. VOTE: Passed 7-0. RESOLUTION NO. 210 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT FOR TRANSPORTATION SERVICES FOR 2005 -2006 – COMMUNITY SERVICES WHEREAS, the Community Services Department currently contracts with the Watkins Glen Central School District for transportation services, and WHEREAS, continuation of these services would be beneficial to the delivery of mental health services to the residents of Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the Watkins Glen Central School District for the provision of transportation services, for the period July 1, 2005 through June 30, 2006, at an hourly rate of $31.50, total annual amount not ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 to exceed $25,000, with no local share cost, such amount provided for in the Community Services budget, account 4310.435-Professional Fees/Svcs.; subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 211 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT FOR COORDINATOR OF SCHOOL SUPPORT SERVICES FOR 2005-2006 – COMMUNITY SERVICES WHEREAS, the Community Services Department currently contracts with the Watkins Glen Central School District for a Coordinator of School Support Services and such contract will expire on June 30, 2005, and WHEREAS, continuation of these services would be beneficial to the delivery of mental health services to the students of Schuyler County schools, and WHEREAS, State Aid is available to fund this contract at no local share cost. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the Watkins Glen Central School District for the provision of a Coordinator of School Support Services, for the period July 1, 2005 through June 30, 2006, in an amount not to exceed $65,000 for the term of the contract, funding available in the Community Services budget, account no. 4310.435- Professional Fees/Svcs., with no local share cost, subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 212 Motion by Larison, Second by Bingell. RE: RENEW CONTRACT WITH THE UNIVERSITY OF ROCHESTER FOR THE RENTAL OF TELEMONITORING EQUIPMENT – PUBLIC HEALTH WHEREAS, the Schuyler County Public Health Department is currently renting telemonitoring equipment, including 25 monitors and one central station, from the University of Rochester, and WHEREAS, the telemonitoring equipment enables the Public Health Department to track the vital signs of patients from their homes, thus reducing the number of skilled nursing visits while maintaining the quality of care, and WHEREAS, continuation of the telemonitoring program will benefit the residents of Schuyler County in need of home health care, and WHEREAS, the University of Rochester has agreed to reduce the rental fees from $195 per unit per month (including the central station) to $150 per unit per month for a contract term of 2 years, commencing July 1, 2005, and WHEREAS, the difference in cost from this contract will be applied toward increasing the number of monitors identified to meet current need, and WHEREAS, this would be arranged through HomMed, LLC, under separate contract as there are no additional monitors available through the University of Rochester contract, and WHEREAS, there will be no additional cost between the two contracts. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract renewal with the University of Rochester for the rental of telemonitoring equipment for the period July1, 2005 to June 30, 2007, in the amount of $3,900 per month, not to exceed $93,600 for the term of the contract, funds available in the Public Health budget, account no. 4010.490-Subcontractors, subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 213 Motion by Larison, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES – PUBLIC HEALTH WHEREAS, Resolution No. 173 - 05 authorized advertising for bids for transportation of preschool children with disabilities, and WHEREAS, bids were received and opened with the following recommendations being made. NOW, THEREFORE, BE IT RESOLVED, that the bid from Schuyler ARC for transportation of preschool handicapped children to and from Frank Pierce Early Childhood Center, SCT BOCES Program, ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Horseheads and Yates Arc/Keuka Lakes Schools from July 1, 2005 to June 30, 2006 in the amount of $145.00 per child per day plus $10.00 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler ARC for transportation of preschool handicapped children to and from Franziska Racker Centers and Chemung County UCP from July 1, 2005 to June 30, 2006 in the amount of $150.00 per child per day plus $10.00 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Birnie Transportation for transportation of preschool handicapped children to and from Pathways Preschool Program from July 1, 2005 to June 30, 2006 in the amount of $187.20 per child per day plus $18.75 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler ARC for miscellaneous transportation of preschool handicapped children from July 1, 2005 to June 30, 2006 in the amount of $1.50 per mile be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that since certain students may be eligible for transport by a parent, school district or public transportation, this award is not an exclusive contract for services, and BE IT FURTHER RESOLVED, that contracts necessary to carry out such transportation services are hereby authorized for signature by the Chair of this Legislature, funding available in the 2005 budget, account no. 2960.440-Travel; contracts subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 214 Motion by Larison, Second by Bingell. RE: APPOINTMENT TO LOCAL CONDITIONAL RELEASE COMMISSION – PROBATION DEPARTMENT WHEREAS, Sally Sumner was reappointed to the Local Conditional Release Commission for a four year term terminating on July 31, 2005, and WHEREAS, she is willing to continue to serve on the above Commission for another term. NOW, THEREFORE, BE IT RESOLVED, that Sally Sumner be reappointed to said Commission for a period of four years, commencing August 1, 2005 and terminating July 31, 2009. VOTE: Passed 7-0. RESOLUTION NO. 215 Motion by Larison, Second by Bleiler. RE: DESIGNATE LEAD AGENCY FOR PINS DIVERSION CHANGES IN COMPLIANCE WITH NEW YORK STATE LEGISLATION WHEREAS, the State of New York recently passed new legislation dealing with at-risk PINS youth, which went in effect on April 1, 2005, and WHEREAS, two areas that said legislation dealt with are appointment of a lead agency on PINS Diversion procedures and submission of a Plan dealing with how the county is to operate its PINS Diversion Program, with the above two issues to be submitted to the State no later than July 1, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Social Services Department be hereby designated as the lead agency for PINS Diversion, effective July 1, 2005, and for the PINS Administrative Committee to submit its Plan for the handling of future PINS Diversion cases under the above law (Section 735 of the New York State Family Court Act) no later than September 1, 2005, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 216 Motion by Larison, Second by Bleiler. RE: AUTHORIZE THE ELMINATION OF ONE FULL-TIME DISPATCHER POSITION AND THE CREATION OF ONE FULL-TIME CORRECTIONS OFFICER POSITION – SHERIFF’S DEPARTMENT WHEREAS, an additional full-time Corrections Officer position is needed in the communications center instead of a full-time Dispatcher to comply with Commission of Correction requirements, and WHEREAS, this position will be able to perform the duties of both Dispatcher and Correction Officer. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to eliminate one full-time Dispatcher position and create and fill one full-time Corrections Officer position for the dispatch center at an hourly rate of $13.74, effective immediately. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 VOTE: Passed 7-0. RESOLUTION NO. 217 Motion by Larison, Second by Bleiler. RE: AUTHORIZE GRANT APPLICATION AND AGREEMENT WITH GOVERNOR’S TRAFFIC SAFETY COMMITTEE FOR TRAFFIC ENFORCEMENT AND BUCKLE-UP NEW YORK FUNDING – SHERIFF’S DEPARTMENT WHEREAS, monies in the amount of $12,150 have been made available from the Governor’s Traffic Safety Committee to the Schuyler County Sheriff’s Department for a Selective Traffic Enforcement Program (STEP), and WHEREAS, these monies are to be used for speed enforcement, Buckle Up New York (BUNY) and other traffic violations and is 100% funded. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the aforementioned grant funding with a term of October 1, 2005 through September 30, 2006; said documents subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 218 Motion by Bleiler, Second by Larison. RE: AUTHORIZE AGREEMENT WITH YATES COUNTY FOR BOARDING OF PRISONERS – SHERIFF’S DEPARTMENT WHEREAS, it is necessary from time to time for the Schuyler County Jail to board prisoners in other counties because of overcrowding. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with Yates County for a term of June 15, 2005 through December 31, 2006 at a rate of $80.00 per day for each boarded inmate, funding available in 2005 budget account no. 3150.456-Boarding of Prisoners, contract subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 219 Motion by Bleiler, Second by Larison. RE: AUTHORIZE FILLING VACANT PART-TIME MEAL DELIVERER POSITION – OFFICE FOR THE AGING WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Schuyler County Office for the Aging as a vital part of its mission serves on the average over twenty-five (25) thousand home delivered meals and over fourteen (14) thousand congregate meals on an annual basis to residents of Schuyler County who are sixty years and older, and said meals and related expenditures account for over two hundred thousand dollars from this Office’s budget, and WHEREAS, to be able to continue to deliver the large number of meals every month it is vital to replace this 17 hour per week Meal Deliverer and maintain the staff at the current level, and WHEREAS, funds for the payment of this position have previously been budgeted and provided for by Title III C of the Older Americans Act, NYS Supplemental Nutritional Assistance Program, and the Schuyler County Budget, and this is a non-competitive position requiring no testing. NOW, THEREFORE, BE IT RESOLVED, that the Office of the Aging Director be hereby authorized to fill the vacant part-time Meal Deliverer position at Grade Level 0, $10.40 per hour, for 17 hours per week, such hiring is contingent on the Office for the Aging having funds available for such a position. VOTE: Passed 7-0. RESOLUTION NO. 220 Motion by Bleiler, Second by Larison. RE: AUTHORIZE INCREASE IN THE ADOPTION SUBSIDY RATE – SOCIAL SERVICES WHEREAS, the Legislature approved increasing the County foster care rates in March 2005, and WHEREAS, the adoption subsidy contracted rates are controlled by the agency foster care rates, and WHEREAS, an oversight resulted in the absence of the adoption subsidy rate being included in the resolution increasing the foster care rates, and WHEREAS, the increase in the adoption subsidy rates will be approximately $25.29 per diem or $5,400 for the remainder of 2005, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 WHEREAS, since the adoption subsidy rates are reimbursed (per child) at no less than 75% (some at 87½%), and 1 subsidy case closed in May 2005 ($6,183 annually), the impact of said increases to the County is small. NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be hereby authorized to increase the adoption subsidy rates to the contracted amount from the department’s budget effective June 1, 2005, funding available in the Department’s budget, account no. 6119.400-Child Care. VOTE: Passed 7-0. RESOLUTION NO. 221 Motion by Larison, Second by Yuhasz. RE: LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR 2005 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS WHEREAS, a proposed Local Law setting salaries for certain elected officials was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held June 13, 2005, and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4/Local Law No. 4 of the Year 2005, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 4/Local Law No. 4 of the Year 2005, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR 2005 A Local Law Setting Salaries for Certain Elected Officials for Fiscal Years 2006, 2007, 2008, 2009. Section 1. LEGISLATIVE INTENT This Local Law is enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salaries of certain elected officials for fiscal years 2006, 2007, 2008, 2009. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal years 2006, 2007, 2008 and 2009 the annual salaries of the following officials shall be adjusted by the Consumer Price Index (CPI). The CPI to be used for this adjustment will be the New York Area of the Urban Wage Earners and Clerical Workers (CPI-W) Group. The adjustment will be made annually based on the CPI from the July Bureau of Labor Statistics data report. TITLE CURRENT SALARY Legislators $6,184 Sheriff $55,897 County Clerk $39,450 *District Attorney $119,800 * - salary set and subject to change by State of New York Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. VOTE: Passed 7-0. RESOLUTION NO. 222 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax receipts for the period October 1, 2004 through March 31, 2005, pursuant to Section 261 of the New York State Tax Law, and the same has been apportioned to the various municipalities thereto. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to pay the respective towns and villages of Schuyler County those amounts listed on Exhibit attached hereto. VOTE: Passed 7-0. EXHIBIT MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 OCTOBER 1, 2004 THROUGH MARCH 31, 2005 TOWNS Amount Due VILLAGES Amount Due Catharine $4,491.03 Burdett $949.66 Cayuta $1,612.87 Montour Falls $2,720.59 Dix $18,079.87 Odessa $812.89 Hector $45,267.48 Watkins Glen $8,605.31 Montour $6,713.66 Orange $6,008.39 Reading $14,925.66 Tyrone $12,202.63 TOTALS $109,301.59 $13,088.45 APPROVED BY COMMITTEE: Daryl L. Slusser Doris L. Karius Delmar F. Bleiler Dennis A. Fagan RESOLUTION NO. 223 Motion by Bingell, Second by Bleiler. RE: RESCIND RESOLUTION NO. 152-05 TRANSFERRING FUNDS FOR BUDGET OFFICER SALARY WHEREAS, Resolution No. 152-05 transferred funds for payment of the Budget Officer’s salary, and WHEREAS, Resolution No. 75-05 adopted earlier in the year already addressed the necessary transfer of funds. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 152-05 be hereby rescinded. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 VOTE: Passed 7-0. RESOLUTION NO. 224 Motion by Bingell, Second by Bleiler. RE: AMEND THE 2005 COUNTY ROAD FUND BUDGET – COUNTY ROAD WHEREAS, the torrential rain from March 2005 left some ditches in need of repair, and WHEREAS, through the generosity of the Soil and Water Conservation District, the County Highway Department was allowed the use of grant funds that were made available through the Finger Lakes, Lake Ontario Watershed Protection Alliance to help with the repair and preservation of county road ditches on County Road 23 and 14 damaged by these heavy rains in the amount of $23,624.98, and WHEREAS, the CHIPs program for 2005 was also increased by the passing of the State Budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2005 County Road Fund for the following expenses and revenues: COUNTY ROAD APPROPRIATIONS AMOUNT ACCOUNT NO. DESCRIPTION + 11,749.00 5112.330 Permanent Improvements + 26,159.15 5110.512 Limestone + 2,060.00 5110.517 Pipe REVENUES + 11,749.00 0002-3501 Consolidate Highway Aid + 28,219.15 0002-2300 Services VOTE: Passed 7-0. WITHDRAWN RE: AUTHORIZE AGREEMENT WITH TOWN OF HECTOR AS LEAD AGENCY TO PARTICIPATE IN THE OPERATION OF STATES GRAVEL PIT – HIGHWAY DEPARTMENT - WITHDRAWN WHEREAS, the Highway Superintendent and the Public Works Committee have agreed that there is a need for a gravel pit operation to be jointly shared by the Town of Hector, as lead agency, Schuyler County, the Towns of Reading and Montour, and Village of Montour Falls, and WHEREAS, there is a Municipal Agreement that has been drawn up to cover the terms and conditions of the said extraction. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary document pertaining the Municipal Cooperation Agreement between the County of Schuyler and the Towns of Hector, Reading, Montour and the Village of Montour Falls, subject to the approval of the Schuyler County Attorney. RESOLUTION NO. 225 Motion by Larison, Second by Bingell. RE: AUTHORIZE PAYMENT FOR NEW AIR CONDITIONER FOR THE SCHUYLER COUNTY HIGHWAY OFFICE BUILDING – BUILDINGS AND GROUNDS WHEREAS, the existing air conditioner in the County Highway’s office building is 20 years old, and WHEREAS, the old air condition unit is no longer serviceable. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the payment of $3,654.00 to Collins & Walton for the new air conditioner from the Capital reserve account 004-0004-0878. VOTE: Passed 7-0. RESOLUTION NO. 226 Motion by Larison, Second by Bingell. RE: AMEND RESOLUTION NO. 183-05 TITLED “DECLARE EQUIPMENT SURPLUS - VARIOUS DEPARTMENTS” WHEREAS, Resolution No. 183-05 declared several county vehicles surplus for auction, and WHEREAS, the 2001 Chevy Blazer will not be going to auction and therefore needs to be removed from the Resolution and reinstated to the county’s fixed asset list. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 183-05 be amended to remove the 2001 Chevy Blazer from the list of vehicles. VOTE: Passed 7-0. RESOLUTION NO. 227 Motion by Larison, Second by Bingell. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.5552 AND ASSEMBLY BILL A.8619 AUTHORIZING AN ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature pass Senate Bill S.5552 and Assembly Bill A.8619 to adopt special legislation, an act to amend the tax law, in relation to the tax law on sales and the compensating use tax to be imposed in the County of Schuyler, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator George H. Winner, Jr., New York State Thomas M. O’Mara, and to the Majority and Minority Leaders of the New York State Assembly and Senate. VOTE: Passed 7-0. RESOLUTION NO. 228 Motion by Larison, Second by Bingell. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.5611 AND ASSEMBLY BILL A.8614, AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN RELATION TO PROVIDING THAT THE POSITION OF DEPUTY SHERIFF OF THE COUNTY OF SCHUYLER NEED NOT BE A RESIDENT OF SUCH COUNTY BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature pass Senate Bill S.5611 and Assembly Bill A.8614 to adopt special legislation, an act to amend the Public Officers Law, in relation to providing that the position of Deputy Sheriff of the County of Schuyler need not be a resident of such county, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator George H. Winner, Jr., New York State Thomas M. O’Mara, and to the Majority and Minority Leaders of the New York State Assembly and Senate. VOTE: Passed 7-0. RESOLUTION NO. 229 Motion by Bleiler, Second by Yuhasz. RE: RESCIND RESOLUTION NO. 188-05 TITLED “AUTHORIZE FILLING VACANT SR. ACCOUNT CLERK TYPIST POSITION – TREASURER’S OFFICE” WHEREAS, the Sr. Account Clerk Typist in the Treasurer’s Office has withdrawn her resignation, and WHEREAS, there is no need for authorization to fill any vacancy. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby rescind Resolution No. 188-05. VOTE: Passed 7-0. RESOLUTION NO. 230 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH YOUTH BUREAU FOR NON-MANDATED PREVENTIVE SERVICES – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services has a contract with the County’s Youth Bureau for non-mandated preventive services from the Youth Program Coordinator for 18 hours per week, and WHEREAS, this contract is currently funded from the TANF Services Plan and expires June 30, 2005, and WHEREAS, the Department wishes to renew this contract with the Youth Bureau for 12 months for the period July 1, 2005 through June 30, 2006 at a maximum cost of $25,000, and WHEREAS, the Schuyler County Department of Social Services has sufficient TANF Services Plan rollover dollars available for the 2005-06 period to cover 100% of this cost with no local share. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract between the County’s Department of Social Services and the Youth Bureau for non- mandated preventive services for the term July 1, 2005 through June 30, 2006 in an amount not to exceed $25,000.00, funding available in the County’s TANF Services Plan rollover allocation at no cost to the local taxpayer, subject to approval by the County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 231 Motion by Bleiler, Second by Yuhasz. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN RELATIVE TO FACTOR RATING FOR CONFIDENTIAL SECRETARY TO THE COUNTY ADMINISTRATOR AND AUTHORIZE CREATING AND FILLING OF THE SAME WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the position of Confidential Secretary to the County Administrator has been revised to include, among other things, duties related to administering the Information Technology contract, and WHEREAS, said position has also been vacant for more than three years and therefore needs to be re- created per Civil Service, and WHEREAS, the Human Resources Manager has conducted a factor rating analysis and makes the following recommendation: I Accountability 48 II Complex 50 III Independent Judgment 48 IV Impact of program 48 V Scope of contacts 32 VI Supervision 0 VII Education & Experience 80 TOTAL 306 = Grade C NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan Factor Rating for Confidential Secretary to the County Administrator be amended as set forth above, and BE IT FURTHER RESOLVED, that the County Administrator be hereby authorized to take necessary steps to fill and create said position at 35 hours a week, in Grade Level C of the Management/Confidential Salary Plan in a salary range of $26,571(minimum) - $32,896 (mid-range), within budgetary funds, effective immediately. VOTE: Passed 7-0. RESOLUTION NO. 232 Motion by Bingell, Second by Larison. RE: MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two Resolutions be brought to the floor. VOTE: Passed 7-0. RESOLUTION NO. 233 Motion by Larison, Second by Bleiler. RE: AUTHORIZE STIPULATION AGREEMENT WITH THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) ADMINISTRATIVE UNIT BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Stipulation Agreement with the CSEA Administrative Unit, as approved by Labor Counsel. VOTE: Passed 7-0. RESOLUTION NO. 234 Motion by Larison, Second by Bleiler. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS ASSEMBLY BILL A.6556A AND SENATE BILL S.3415A TO AUTHORIZE SCHUYLER COUNTY TO DISCONTINUE THE USE OF AND CONVEY CERTAIN PARK LANDS TO THE KROG CORPORATION IN EXCHANGE FOR ADDITIONAL PARKLANDS BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature pass Senate Bill S.3415A and Assembly Bill A.6556A to adopt special legislation, to authorize Schuyler County to discontinue the use of and convey certain park lands to the Krog Corporation in exchange for additional parklands, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator George H. Winner, Jr., New York State Thomas M. O’Mara, and to the Majority and Minority Leaders of the New York State Assembly and Senate. VOTE: Passed 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 Legislator Larison reported on the Public Safety/Criminal Justice Committee. He updated the legislators on the land they are trying to obtain from the State for a radio tower. With the State Legislature going home June 23rd, they are not sure if it can happen. There is a possibility that one state agency can transfer the land to another state agency, being the State Emergency Management Office (SEMO). Then SEMO would be able to grant the county permission to put up a tower and grant us some funds also. Legislator Bingell reported on the Public Works Committee. See attached report. She also reported that she had someone call her regarding County Routes 16 and 23 about the fact that they are major routes to major parts of the county. She has suggested the tri-county transportation committee look at it seriously and possibly have the State take them over. Legislator Fagan reported on the Community Development and Natural Resources Committee. The Implementation Committee on the Comprehensive Plan met and one of their focal points will be shared services. He suggested they contact the County Administrator to discuss this idea further with him. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that the Council of Government invitations have gone out for the first organizational meeting to be held June 30th at the Rural Urban Center in Montour Falls at 7:00 p.m. All school, town, and village officials have been invited. He has heard from most that they wish to participate. He intends to set an agenda, timeline and goals, then it will be up to the group to take it in a direction from there. Just getting them together at first, is the most important. He also reported that he met with Dick Peterson, and Charlie Fausold prior to his leaving, with the Legislature’s concerns about Cooperative Extension. Kermit Bossard, the interim Director of Cornell Cooperative Extension (CCE) invited him to sit on the search committee for a new director. It is a four to six month process. He will be meeting with the CCE Board at their next board meeting. The dialogue is ongoing and they are receptive to all options. He feels they have a very good working relationship. Regarding the Management/Confidential Salary Plan Factor Rating Study, he has sat down with the consultant and department administrators individually to discuss problems. There have been some good points brought forth, and some good changes. He should have a formal update by Management & Finance the 22nd with hopefully a finalized process after that. He gave an update on the storm from Friday evening. Undersheriff Yessman took him to Monterey for a tour of the damage. He publicly commended the Sheriff’s Department. Bill Kennedy, Emergency Management Director, was at a conference, but kept in constant contact. He visited the command center and he was very impressed with the coordination of efforts. He was proud of all staff members, and proud to represent the county. He thought there would be several homes in need of shelter, but only one was. He cannot speak highly enough on how effectively the operation runs and of the coordination that occurs. The storm had potential to be more destructive. We have a good plan and seasoned veterans able to carry it out. He reported that an update on the Risk Analysis Study will be brought to the Public Works Committee on the 23rd. Legislator Fagan expressed concern that it is not being brought to the full Legislature, only to the Public Works Committee. Administrator O’Hearn offered to reschedule the meeting, however Legislator Fagan said he would be content if copies of the report could be made available to all legislators. Legislator Larison reported that he has asked David Cook from the State Office of Technology to come to the Public Safety/Criminal Justice Committee meeting on Tuesday, June 21st. There was some discussion on radio towers and funding. Administrator O’Hearn reported that without any outside funding, the 911 reserve account could fund any debt service. With what they are receiving in annual revenues, depending on the scope of the project and final design, 90% should be able to be funded without affecting local share. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:10 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk REGULAR MEETING JULY 11, 2005 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 The July 11, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Slusser and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator Timothy O’Hearn, were also present. PUBLIC PARTICIPATION: Gordon Swarthout questioned why a new road was built up at the racetrack and also wanted to know why certain trucks could leave the racetrack and travel down Old Corning Road and others could not. He then stated that not everyone wanted the room tax increase. Rena Paglesi, from Corning, New York, introduced herself and Kelly Bateman from Building Blocks. Ms. Bateman stated that they have learned thru parents of their clients that their contracts with the County are not being renewed. Ms. Bateman stated that they would like to continue providing services to their clients in Schuyler County. The parents brought this to the attention of Building Blocks because they are concerned for the benefit of their children. Building Blocks is concerned as to why the County is discussing this with the clients and not Building Blocks themselves. Mrs. Patel from Watkins Glen, said her son utilizes their services and she is very happy. She has noticed a negative impact on her son’s speech since the services have stopped. She feels continued services would be a good idea and asked Legislators to try to make it happen. Legislator Bleiler asked what department is responsible for the contract and the Personal Secretary informed him that it is Public Health. RESOLUTION NO. 235 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE APRIL 11, 2005 AND MAY 9, 2005 REGULAR MEETINGS AND JUNE 2, 2005 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the April 11, 2005 and May 9, 2005 Regular Meetings and June 2, 2005 Special Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 236 Motion by Larison, Second by Yuhasz. RE: NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY 2006-2008 WHEREAS, the New York State Matching Grants Program is designated to encourage tourism promotion throughout the regions of New York State, and WHEREAS, in the past, the State of New York has appropriated funds for this purpose in its Commerce Department budget, and WHEREAS, the guidelines for this local assistance program encourages counties to appoint a Regional Tourist Promotion Agency, and WHEREAS, the Schuyler County Chamber of Commerce has been authorized to serve as the Schuyler County tourism representative to provide specific tourism services on behalf of Schuyler County, and WHEREAS, the Schuyler County Chamber of Commerce has served as the Schuyler County lead tourism promotion organization since its inception, and WHEREAS, the Schuyler County Chamber of Commerce has requested to be designated as the County’s Tourism Agency for the 2006-2008 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 2006-2008 State Program year to represent the County of Schuyler under the present New York State Tourist Promotion Act for all purposes set forth in said act, and BE IT FURTHER RESOLVED, that the Schuyler County Chamber of Commerce be, and hereby is, authorized to execute any documents under the Matching Grants Program and is authorized to make application for and receive grants on behalf of the County of Schuyler pursuant to the New York State Commerce Department budget for 2006-2008, and BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, authorized to file a certified copy of this resolution with appropriate bodies including, but not limited to, the Schuyler County Chamber of Commerce and the Finger Lakes Association. VOTE: Passed 8-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RESOLUTION NO. 237 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD AND THE MENTAL HEALTH SUBCOMMITTEE - COMMUNITY SERVICES WHEREAS, the Community Services Board and the Mental Health Subcommittee have a vacancy, and WHEREAS, Mark Stephany has expressed an interest in serving on the Community Services Board and the Mental Health Subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Mark Stephany to the Community Services Board and the Mental Health Subcommittee for the term June 13, 2005 through December 31, 2008. VOTE: Passed 8-0. RESOLUTION NO. 238 Motion by Larison, Second by Yuhasz. RE: AUTHORIZATION TO CREATE AND FILL A PART-TIME STAFF SOCIAL WORKER POSITION - COMMUNITY SERVICES WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Community Services Department is in need of an additional part-time Staff Social Worker position, and WHEREAS, this position is to be shared with the Public Health Department and will be for 12 hours per week in Community Services and 12 hours per week in Public Health for a total of 24 hours per week, and WHEREAS, funding is available for this position in the Community Services 2005 budget. NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services/Public Health be hereby authorized to create and fill a part-time Staff Social Worker position, in the Community Services Department, Grade Level 28, at an hourly rate of $20.57, funding being available in the Community Services budget, effective July 25, 2005. VOTE: Passed 8-0. RESOLUTION NO. 239 Motion by Karius, Second by Yuhasz. RE: ACKNOWLEDGE AUGUST AS NATIONAL IMMUNIZATION AWARENESS MONTH - PUBLIC HEALTH WHEREAS, each year tens of thousands of children, adolescents and adults in America die from vaccine- preventable diseases or their complications, and WHEREAS, the burden of vaccine-preventable disease in the United States today occurs among people of all ages, all cultures, races and ethnic and societal groups, and WHEREAS, safe and effective vaccines are readily available to protect against disease, disability and death from communicable diseases, including diphtheria, Haemophilus influenzae Type B disease, hepatitis A, hepatitis B, influenza, measles, mumps, pertussis, pneumococcal disease, rubella, tetanus and varicella, and WHEREAS, every August the National Immunization Awareness Month campaign is devoted to increasing public knowledge, acceptance and use of vaccines to protect children, adolescents and adults against serious, life- threatening diseases, and WHEREAS, the annual observance of National Immunization Awareness Month is intended to increase awareness and understanding of vaccine-preventable diseases and their prevention at local, state and national levels. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledges August as National Immunization Awareness Month and recommends that all Schuyler County residents receive the appropriate vaccinations at appropriate times to ensure their protection and the protection of our community from preventable diseases. VOTE: Passed 8-0. RESOLUTION NO. 240 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH HEATHER L. MURLEY, DVM FOR VETERINARY SERVICES AT RABIES CLINICS - PUBLIC HEALTH WHEREAS, the County has to provide rabies vaccination clinics, and Dr. Heather L. Murley is an established veterinarian who is able to provide services for these clinics. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Dr. Heather L. Murley to provide services for the rabies clinics, effective June 1, ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 2005 through December 31, 2005, in the amount of $25.00 per hour, funding is available in the Public Health 2005 County Budget account 4042.435; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 241 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE FILLING OF REGISTERED PROFESSIONAL NURSE POSITION - PUBLIC HEALTH WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, Schuyler County Public Health has one full-time Registered Professional Nurse position vacant. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of Community Services/Public Health to fill the full-time Registered Professional Nurse position, Grade 23, $18.92 per hour, effective immediately, in the Public Health Department, funding being available in the 2005 budget. VOTE: Passed 8-0. RESOLUTION NO. 242 Motion by Larison, Second by Bleiler. RE: AUTHORIZE APPLICATION AND CONTRACT FOR 2005-2006 NYS AID TO PROSECUTION GRANT – DISTRICT ATTORNEY WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services for the purpose of assisting the Schuyler County District Attorney’s Office in prosecuting felony offenses. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2005/2006 NYS Aid to Prosecution Grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $40,375.00; said documents subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 243 Motion by Larison, Second by Bleiler. RE: AUTHORIZE THE CONTINUATION OF THE YOUTH PROGRAM COORDINATOR’S FULL- TIME HOURS FOR THE PERIOD JULY 1, 2005-JUNE 30, 2006 AND AMEND THE 2005 BUDGET - YOUTH BUREAU WHEREAS, the Youth Program Coordinator in the Youth Bureau has been working 35 hours per week (full-time) providing preventive services through a contract with the Department of Social Services, and WHEREAS, there remains a tremendous need for the increase in these hours to provide support for the Department of Social Services, and WHEREAS, the Youth Bureau will be contracting with the Department of Social Services to provide preventive services, and WHEREAS, there are Department of Social Services TANF dollars to pay for the salary and increase in benefits. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the increase in hours for the Youth Program Coordinator’s position for the period of TANF funding, July 1, 2005 through June 30, 2006, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2005 Youth Bureau budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$12,500 7310.120 Personnel Families First +$12,500 7310-2389 Other Home & Community Services VOTE: Passed 8-0. RESOLUTION NO. 244 Motion by Larison, Second by Bleiler. RE: AUTHORIZE FILLING VACANT CASEWORKER POSITION IN THE CHILDREN’S SERVICES UNIT – SOCIAL SERVICES WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, a Caseworker position in the Children’s Services unit will become vacant after July 8, 2005 due to a resignation, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, this position is vital for the continued effective operation of the unit in investigating hotline reports of child abuse and neglect, and WHEREAS, this position is approximately 73% reimbursed by the federal and state governments. NOW, THEREFORE, BE IT RESOLVED that the Department of Social Services be hereby authorized to fill at Grade 22 ($15.92/hour) the Caseworker position in the Children’s Services unit, effective July 12, 2005, funding available in the Department’s 2005 budget account no. 6010.100-Personal Services. VOTE: Passed 8-0. RESOLUTION NO. 245 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT WITH JAMES E. HALPIN, P.C. FOR LEGAL SERVICES – PUBLIC DEFENDER’S OFFICE WHEREAS, the Public Defender’s Office has received indigent revenues for the year 2005 in the form of a $39,665.57 Indigent Legal Services Fund (ILSF) Grant, and WHEREAS, due to various conflicts of interest, multiple defendant or multiple party cases and overload cases, it would be beneficial to the county to enter into a contract for services with the law firm of James E. Halpin, P.C. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with James E. Halpin, P.C. for the Public Defender’s Office for conflicts of interest, multiple defendant or multiple party cases and overload cases for the period July 1, 2005 to December 31, 2005, at a rate of $2,500 per month, funding available in the 2005 Public Defender’s Officer budget account number 1170.400- Contractual Services ILSF; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 246 Motion by Larison, Second by Bingell. RE: AUTHORIZE ADVERTISING AND FILLING FOR PURCHASING AGENT VACANCY WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and WHEREAS, the Purchasing Agent has tendered her resignation effective July 5, 2005, and WHEREAS, it is the recommendation of the County Administrator that this position be filled, with the details yet to be determined. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the County Administrator to advertise filling the Purchasing vacancy in the manner deemed most appropriate. VOTE: Passed 8-0. RESOLUTION NO. 247 Motion by Larison, Second by Bingell. RE: AUTHORIZE REVISION OF COUNTY HIRING DIRECTIVE WHEREAS, Resolution No. 439-03 set forth a County Hiring Directive requiring legislative approval to fill any and all vacancies, and WHEREAS, the County has since retained a County Administrator to oversee the daily operations of the County, and WHEREAS, it is the recommendation of the Management and Finance Committee that the County Administrator’s daily oversight include the authority to approve/disapprove filling of vacant positions by the appointing authorities. NOW, THEREFORE, BE IT RESOLVED, that Department Administrators are hereby directed to submit requests for approval to fill any and all vacancies that occur to the County Administrator, and BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately and shall continue in full force and effect until further notice. VOTE: Passed 8-0. RESOLUTION NO. 248 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS – HUMAN RESOURCES WHEREAS, there has been a significant increase in human resource issues that required professional labor attorney expertise, and WHEREAS, there are insufficient funds in the Human Resources 2005 budget to cover the same. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO. $ 2,192.31 1340.100-Budget Personal Svcs. 1430.435-HR Prof. Fees/Svcs $25,000.00 1990.500-Contingency 1430.435-HR Prof. Fees/Svcs VOTE: Passed 8-0. RESOLUTION NO. 249 Motion by Bingell, Second by Larison. RE: AUTHORIZE AMENDMENTS TO FACTOR RATING SYSTEM OF THE MANAGEMENT/CONFIDENTIAL SALARY PLAN WHEREAS, the County engaged the services of Joanne Conley Consulting to review and make recommendations to the factor rating system of the Management/Confidential Salary Plan, and WHEREAS, said review is complete, Department Administrators input has been considered and the County Administrator recommends the attached changes. NOW, THEREFORE, BE IT RESOLVED, that Section II, Factor Rating System, of the Management/Confidential Salary Plan be hereby amended by the attachments hereto and on file in the Human Resources and Legislative Offices, effective July 11, 2005, and BE IT FURTHER RESOLVED, that in the case of upward grade changes salary adjustments be made to affected personnel at the minimum of the new grade, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer the necessary funds to effectuate salary adjustments, (in the approximate amount of $6,500) from Contingency account no. 1990.500 into the appropriate .100-Personal Services departmental accounts. VOTE: Passed 7-1. No: Bleiler. RESOLUTION NO. 250 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT WITH PERRY& CARROLL FOR BROKER SERVICES WHEREAS, Perry & Carroll has offered to serve as a consultant for Schuyler County employee health insurance at no cost to the County, and WHEREAS, in this role Perry & Carroll would assist with renewal negotiations; participate as a consultant on a health insurance committee or negotiating team; determined short term and long term benefits strategies; make cost containment recommendations; provide educational sessions for the administration team and employees; market coverage/services as needed and guide implementation; investigate other community rated groups or pools, and WHEREAS, it is the recommendation of the County Administrator and Human Resources Manager that this contract be approved. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Perry & Carroll for broker services for the term August 1, 2005 through February 28, 2006, thereafter to be renewed on an annual basis subject to recommendation of the County Administrator, with no cost to the County; contract subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 251 Motion by Bingell, Second by Fagan. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR CONFIDENTIAL SECRETARY TO THE COUNTY ADMINISTRATOR BE IT RESOLVED, that this Legislature acknowledge the appointment by Timothy O’Hearn, County Administrator, of Heather L. Lodge as Confidential Secretary to the County Administrator, effective immediately to serve at his pleasure, at an annual salary of $27,300. VOTE: Passed 8-0. RESOLUTION NO. 252 Motion by Bingell, Second by Fagan. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH ADMINISTRATIVE UNIT CSEA FOR RECLASSIFICATION STUDY WHEREAS, the County and the Union are parties to a collective bargaining agreement, and WHEREAS, the collective bargaining agreement establishes an understanding between the parties relative to the Civil Service Reclassification/Reallocation Study, which states that “The County Civil Service Office agrees to make every effort to deliver their findings and recommendations to the Schuyler County ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 Legislature for review and adoption no later than January 1, 2005. The County Legislature agrees to implement in its entirety the adopted recommendations no later than that first pay period in January, 2005”, and WHEREAS, the County and the Union have determined that the recommendations that were presented by the County’s Civil Service Office to the Legislature within the timeframe set forth above should be subject to collective bargaining in accordance with Civil Service Law Article 14 (“Taylor Law”) for the subsequent contract term beginning January 1, 2007. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a Memorandum of Agreement with the Administrative Unit CSEA as set forth above; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 253 Motion by Bingell, Second by Fagan. RE: AUTHORIZE GRANT APPLICATIONS FROM THE INNOVATIVE BRIDGE CONSTRUCTION PROGRAM FOR CONSTRUCTION OF A CULVERT TO CONNECT LAMOKA AND WANETA LAKES – HIGHWAY DEPARTMENT WHEREAS, a project for the replacement of a culvert on County Route 23 over the channel between Lamoka and Waneta Lakes may be eligible for federal funding through the Innovative Bridge Construction Program, and WHEREAS, this grant will assist the county in construction of a new culvert at a cost of $708,000. The Innovative Bridge Grant will be for $385,000, and WHEREAS, this project will be incorporated into the 2006 budget with funds from CHIPs and county forces and material to cover the additional expenses. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to file an application for funds from the IBRC program as established by TEA-21 for an approximate amount of $385,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to Schuyler County for the culvert between the lakes; project agreement subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 254 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CREATION OF AN ADMINISTRATIVE ASSISTANT POSITION/ABOLISH SR. ACCOUNT CLERK TYPIST POSITION IN THE HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent, the Human Resources Manager and the Personnel Officer have carefully reviewed the job specification of the Senior Account Clerk Typist position in the Highway Department, and WHEREAS, the Senior Account Clerk Typist’s job duties have changed with more emphasis on administration and office management, and WHEREAS, it is the recommendation of the Public Works Committee, the Human Resources Manager and the Personnel Officer that the Senior Account Clerk Typist title change to Administrative Assistant to be placed in Grade Level 18, at an hourly rate of $14.37 per hour, for the efficient operation of the Highway Department and to more appropriately reflect the job responsibilities, and the County Administrator concurs with said recommendation, and WHEREAS, there is money in the 2005 County Road Administrative Personal Services budget account no. 5010.100 to cover the cost of said change. NOW, THEREFORE, BE IT RESOLVED, that the title of Senior Account Clerk Typist in the Highway Department be hereby abolished and replaced by Administrative Assistant as set forth above, and BE IT FURTHER RESOVLED, that these changes become effective immediately. VOTE: Passed 8-0. RESOLUTION NO. 255 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE APPLICATION FOR FUNDS FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION IN ACCORDANCE WITH THE PROVISIONS OF TITLE 9 OF THE ENVIRONMENTAL PROTECTION ACT OF 1993 OR THE FEDERAL LAND AND WATER CONSERVATION FUND ACT OF 1965 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $63,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to Schuyler County for the Seneca Harbor Park/Catharine Valley Trail Connection, and if appropriate a conservation easement/preservation covenant to the deed of the assisted property; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 256 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE MAINTENANCE AGREEMENT WITH INFOSEAL FOR FOLDER/SEALER – REAL PROPERTY TAX AGENCY WHEREAS, the Real Property Tax Department has recently purchased a LaserSeal 2 folder/sealer, and WHEREAS, it is advisable to purchase a service agreement for that piece of equipment. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute an annual maintenance agreement with Infoseal to provide after warranty coverage for the term May 31, 2005 through August 30, 2006 in the amount of $600, funding available in Treasurer account no. 1325.408, subject to approval by the County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 257 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE THE INCLUSION OF ADDITIONAL LANDS IN SCHUYLER COUNTY AGRICULTURAL DISTRICTS WHEREAS, in accordance with New York State Agricultural Law, Article 25AA, Schuyler County has established an annual enrollment period for landowners to petition the County to include their land in one of the three Schuyler County Agricultural Districts, and WHEREAS, during the 2005 enrollment period the County received requests to add 13 parcels to the districts, and WHEREAS, the County held a public hearing on June 13th, and received no comment from the public. NOW, THEREFORE, BE IT RESOLVED, that the Legislature recommends to New York State Department of Agriculture and Markets that the following parcels be included in Schuyler County Agricultural Districts I, II and III, at the request of the property owners and with the recommendation of the Schuyler County Agriculture and Farmland Protection Board. 44.00-1-17.114 12.00-1-75.116 7.00-1-29.1 12.00-1-75.122 7.00-1-32 44.20-1-9.1 107.00-1-50 44.20-1-9.2 97.00-1-42.5 44.20-1-13.1 97.00-1-42.3 94-1-13 97.00-1-44.2 VOTE: Passed 8-0. RESOLUTION NO. 258 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CONTRACT FOR STATE GRANT/AMEND 2005 MACHINERY BUDGET AND AUTHORIZE PURCHASE OF EQUIPMENT - HIGHWAY WHEREAS, the Highway Department has applied for and received notice that funds have been allocated to Schuyler County Highway Department in the amount of $17,000 to assist with the purchase of a Shoulder Machine, and $50,000 for the purchase of Portable Message Boards with Trailers, and WHEREAS, to avoid delay in accessing the funds, the Highway Department would like to establish an appropriate account, and WHEREAS, there needs to be an amendment to the Machinery Fund budget for these funds. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to amend the 2005 Machinery Fund for the expense and revenue: APPROPRIATIONS + 67,000.00 5130.299 EQUIPMENT REVENUES ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 + 67,000.00 0003.3589 STATE AID OTHER, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the particular agency that will be assigned to this project, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Highway Superintendent be authorized to set specifications and purchase utilizing State Bid Contract Vendors. VOTE: Passed 8-0. WITHDRAWN RE: AUTHORIZE CREATION AND FILLING OF ACCOUNT CLERK TYPIST POSITION AND ABOLISH SR. ACCOUNT CLERK TYPIST POSITION - OFFICE OF THE AGING-WITHDRAWN WHEREAS, there is a growing need for administrative assistance in such programs including but not limited to filing, scheduling, data collection and entry, and maintaining program updates, and WHEREAS, after careful review of the present and future work needs for the office, it has been determined that the position of Senior Account Clerk Typist is no longer necessary and that a new position is needed to meet its commitment to its clients, and WHEREAS, upon recommendation of and review by the Human Resources Manager and Personnel Officer, the position of Senior Account Clerk Typist should be abolished and a position titled Account Clerk Typist should be created to assist in health insurance counseling, in paying heating bills, distribution of farmers market coupons and administrative assistance in such and other programs including but not limited to filing, scheduling, data collection and entry, and maintaining program updates. NOW, THEREFORE, BE IT RESOLVED, that the Office for the Aging Director is hereby authorized to create and fill a full-time position (35 hours) titled Account Clerk Typist, in Grade V at an hourly rate of $11.77 an hour, and BE IT FURTHER RESOLVED, that the position Senior Account Clerk Typist in the Office for the Aging be abolished effective immediately. WITHDRAWN RE: AUTHORIZE CREATION AND FILLING OF AN AGING ADVOCATE COORDINATOR POSITION - OFFICE OF THE AGING - WITHDRAWN WHEREAS, the Schuyler County Office of the Aging (SCOFA) serves the needs of persons sixty years and older residing in the County, and WHEREAS, included among its many programs is advocacy and protection of the rights of those older Schuyler residents that reside in a formal institutional setting as is mandated by the New York State Office for the Aging, and WHEREAS, there are over two hundred and fifty persons in Schuyler County at this time that reside in such formal settings and that number is expected to grow every year, and WHEREAS, in order to properly address the present and future needs of such persons within the requirements of both State and Federal law, after careful review of the present and future work needs of the office, to meet its obligations to such persons, it has been determined that a new position is needed, and WHEREAS, upon recommendation of and review by the Human Resources Manager and the Personnel Officer, a position titled Aging Advocate Coordinator should be created to conduct recruiting, training, and maintenance of a volunteer staff of advocates as well as to participate directly in providing advocacy on the behalf of elders as above described, and to assure and monitor the operation of such program within the guidelines of both State and Federal law. NOW, THEREFORE, BE IT RESOLVED, that the Director of the Office for the Aging is hereby authorized to create and fill the position of Aging Advocate Coordinator, part-time (15) hours a week, at Grade at an hourly rate of , effective immediately. RESOLUTION NO. 259 Motion by Karius, Second by Bingell. RE: AUTHORIZE TWO RESOLUTIONS BE BROUGHT TO THE FLOOR BE IT RESOLVED, that two Resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 260 Motion by Larison, Second by Bingell. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN TO INCLUDE NEWLY CREATED TITLE OF HUMAN RESOURCES DIRECTOR AND AUTHORIZE APPOINTMENT THERETO WHEREAS, it is the recommendation of the County Administrator that a full-time Human Resources Director position be created, and WHEREAS, the County Administrator has conducted the factor rating below for this new position and recommends it be placed in Grade Level I of the Management/Confidential Salary Plan and be filled by Gail M. Hughey: I Accountability 90 II Complexity of Duties 120 III Experience/Knowledge 105 IV External Contacts 45 V Independent Judgment 100 VI Internal Contact 60 VII Impact on Programs/Adm 50 VIII Interpersonal Skills 80 IX Supervision/Leadership 100 TOTAL 750 = Grade I. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the creation of the Human Resources Director in Grade Level I of the Management/Confidential Salary Plan, and BE IT FURTHER RESOLVED, that this Legislature hereby appoint Gail M. Hughey as the Human Resources Director, effective immediately, at an annual salary of $59,556. VOTE: Passed 8-0. RESOLUTION NO. 261 Motion by Larison, Second by Bingell. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN TO REVISE DUTIES OF CLERK TO THE LEGISLATURE AND AUTHORIZE APPOINTMENT THERETO WHEREAS, Gail M. Hughey has been appointed Human Resources Director leaving the position of Clerk to the Legislature/Human Resources Manager vacant, and WHEREAS, the added duties of Human Resources Manager should now be removed from the Clerk to the Legislature title, and WHEREAS, the County Administrator and the Human Resources Director have conducted a factor rating of the Clerk of the Legislature’s position, as revised, and recommend the following changes: I Accountability 90 II Complexity of Duties 60 III Experience/Knowledge 85 IV External Contacts 45 V Independent Judgment 100 VI Internal Contact 30 VII Impact on Programs/Adm 25 VIII Interpersonal Skills 60 IX Supervision/Leadership 75 TOTAL 570 = Grade F. NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the above change in the grade level of the Clerk to the Legislature, and BE IT FURTHER RESOLVED, that this Legislature wishes to appoint Stacy B. Husted as Clerk to the Legislature at an annual salary of $38,185, to fill the vacated four-year term ending December 31, 2007, effective immediately, and BE IT FURTHER RESOLVED, that Stacy B. Husted be hereby appointed as County Auditor to fill the vacated term ending December 31, 2005. VOTE: Passed 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 REPORT ON STANDING COMMITTEES: Legislator Bleiler reported on the Human Services Committee. The Legislature continues to study office space options. There is a definite need recognized for Office for the Aging. Legislator Fagan reported on the Community Development & Natural Resources Committee. He attended a meeting a week ago for the Council of Governments. The County Administrator is a non-voting facilitator. There will be a subcommittee getting together at a later date. This group hopes to open the lines of communication among the municipalities. Everyone seemed to feel it was a good idea. He also reported that SCOPED has been busy putting grant applications together, one for the ongoing water and sewer project. COUNTY ADMINISTRATOR’S REPORT: County Administrator O’Hearn reported that the Performance Base Budget (PBB) project is moving along. It is now a research project for the department administrators to develop and convert our current budget into a PBB. The teams have been enthusiastically tackling the subject. It was a volunteer assignment and we have 100% participation. He is encouraged and excited about the progress. He noted that the performance appraisal process needs revision and he is working on a different instrument. The department administrators seem to be very cooperative. He is pleased to report that Council of Governments meeting went well. He recently attended the League of Women Voters meeting on HAVA. It was an impressive presentation. He encouraged the legislators to work with the Board of Election Commissioners and he will keep them posted as they move along. Legislator Slusser asked if the funding is coming from the state or federal level. Tim explained that it is federal funding at this point, however, they need to make sure that the ongoing costs will not be significant even though the machines are fully funded. Legislator Slusser asked if the formula is the same as the original. Tim said he believes it is census driven, per capita distribution. PUBLIC PARTICIPATION: Kelly Bateman, from Building Blocks, said she is willing to sit down and look at negotiating pricing for continued services to the county. James Berg, Chamber of Commerce President, invited all legislation and residents to visit the Watkins Glen International Speedway this Thursday to see what it is they do at the raceway. He left invitations for all interested. The Meeting adjourned at 7:10 p.m. Heather L. Lodge, Personal Secretary to the Legislature Barbara Klemann, Confidential Secretary to the County Attorney REGULAR MEETING AUGUST 8, 2005 The August 8, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator Timothy O’Hearn, were also present. PUBLIC PARTICIPATION: Mr. Gordon Swarthout from Beaver Dams said he attended last month’s meeting and claimed that Legislator Fagan took it upon himself to accuse him of being a deadbeat. He feels if Mr. Fagan has any character, he should immediately resign his position as legislator or the Legislature should remove him. His actions from last month should be accounted for. Chairman Gifford stated that this took place after the meeting and he witnessed Legislator Fagan apologize to Mr. Swarthout. County Administrator O’Hearn said he would like to take this opportunity during public comment session, to introduce Dr. Castor. Administrator O’Hearn said shortly after he arrived to Schuyler County, he learned of the Schuyler County Free Health Clinic. He was impressed. He has had some time to spend with Dr. Castor since and he is here tonight to say thank you and give an update on the clinic. Dr. Castor passed out a pamphlet on the clinic. He explained that it is a free medical clinic and will be almost a year old. He found Schuyler County caring and the volunteers are jumping on board. He thanked the Legislature for the resolution ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 passed last April allowing them the use of the Public Health facility free of charge. Without that, it would have cost them a lot of money. Both local pharmacies have offered lower fees and discounts for first visits for their patients. He feels it is a perfect use of taxpayer money. This clinic is for people who just can not afford medical insurance. They are also now affiliated with the Health Facility of the Southern Tier. That collaboration helps them obtain funds easier. Legislator Slusser asked if there is anyone out there now with no coverage. Dr. Castor said if they do not happen to have coverage, they can get it and the taxpayer pays the bill. Kathy Walruth as Union President of the CSEA Administrative Unit and as a caring member of community, said she was delighted to see the Legislature and the Director of Public Health offer the Public Health space for this clinic. It has alleviated concerns about health insurance issues. RESOLUTION NO. 262 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE JUNE 13, 2005 AND JULY 11, 2005 REGULAR MEETINGS OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the June 13, 2005 and July 11, 2005 Regular Meetings of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 263 Motion by Yuhasz, Second by Bingell. RE: RESOLUTION IN SUPPORT OF THE HECTOR-LODI TOWN SECTION OF ROUTE 414 AS A NEW YORK STATE BYWAY DESIGNATION WHEREAS, Schuyler County has rural character and scenic views unmatched by any other place, and WHEREAS, it is home to many winery owners, farmers, land owners and cottage owners that would benefit from a scenic byway, and WHEREAS, this would also allow for an opportunity to positively enhance this unique road corridor and allow for better economic development and better access to grant funding from state and federal government. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports the Hector-Lodi segment of Route 414 as a New York State Scenic Byway. VOTE: Passed 8-0. RESOLUTION NO. 264 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH UNITED CEREBRAL PALSY AND HANDICAPPED CHILDREN’S ASSOCIATION OF CHEMUNG COUNTY, INC. FOR 2005 - 2006 – PUBLIC HEALTH WHEREAS, Schuyler County is required to provide preschool special education services and related therapy services to children determined to be in need of such services, and WHEREAS, United Cerebral Palsy and Handicapped Children’s Association of Chemung County, Inc. is able to provide these services for children residing in Schuyler County, and WHEREAS, rates for special education services are determined by the New York State Education Department, and WHEREAS, the rate for related therapy services will be $70.00 up to an hour session. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with United Cerebral Palsy and Handicapped Children’s Association of Chemung County, Inc. for the provision of children’s preschool special education services and related therapy services, effective July 1, 2005 through June 30, 2006, funding available in the Public Health budget, account no. 2960.400, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 265 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH ANDREW SEUBERT FOR CONSULTATION SERVICES FOR 2005 – COMMUNITY SERVICES WHEREAS, the Community Services Department is in need of specialized training and consultation services in the specific treatment modality known as Eye Movement Desensitization and Reprocessing, and WHEREAS, provision of these services would be beneficial to the operation of the mental health clinic, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, Andrew Seubert, MA, NCC, is qualified to provide the specialized training and consultation services, and WHEREAS, Andrew Seubert would be reimbursed at the rate of $70.00 per hour for individual consultation and training sessions and $45.00 per person for up to two hours of group consultation and training, the total to be reimbursed not to exceed $1,000 for the term of the agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Andrew Seubert for consultation and training services for the period August 1, 2005 through December 31, 2005, at an amount not to exceed $1,000, such amount provided for in the 2005 Mental Health budget, account 4310.435.4316, at no local share cost, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 266 Motion by Larison, Second by Bingell. RE: RECOGNIZE SEPTEMBER AS CHOLESTEROL EDUCATION MONTH - PUBLIC HEALTH WHEREAS, high blood cholesterol increases the chance of having a heart attack or some other sign of heart disease, and WHEREAS, there are no signs or of high blood cholesterol so many people don’t know that their cholesterol level is too high, and WHEREAS, high blood cholesterol is diagnosed by checking cholesterol levels in your blood, and WHEREAS, high LDL (Low Density Lipoprotein) cholesterol leads to a buildup of cholesterol in arteries and the higher the LDL level in blood the greater the chance of getting heart disease, and WHEREAS, HDL (high density lipoprotein) carries cholesterol from other parts of the body back to the liver, which removes the cholesterol from the body, which lowers the chance of getting heart disease. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recommends that everyone age 20 and older have their cholesterol levels checked, if they haven’t already done so. VOTE: Passed 8-0. RESOLUTION NO. 267 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT WITH SCHUYLER HEAD START – COMMUNITY SERVICES WHEREAS, the Schuyler Head Start program is in need of the skills of a Staff Social Worker and a and WHEREAS, the Schuyler Head Start program will reimburse the Community Services Department for services provided from September 1, 2005 through June 30, 2006 in the following amounts: $50.00 per hour for the Staff Social Worker, up to four and one-half hours per week $65.00 per hour for the up to one hour per week NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Schuyler Head Start from September 1, 2005 through June 30, 2006 to be renewed annually, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 268 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENTS WITH ONTARIO AND CHEMUNG COUNTY FOR BOARDING OF PRISONERS – SHERIFF’S DEPARTMENT – AS AMENDED PER RESOLUTION NO. 101-06 WHEREAS, it is necessary from time to time for the Schuyler County Jail to board prisoners from other counties because of overcrowding. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with Ontario and Chemung County for a period starting August 1, 2005 through July 31, 2006 at a cost of $65.00 per day for each boarded inmate, contract subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 269 Motion by Larison, Second by Yuhasz. RE: RESOLUTION SHOWING SUPPORT FOR CIVIL CONFINEMENT AND OTHER STATE LEGISLATION PROTECTING WOMEN AND CHILDREN FROM SEX OFFENDERS – SHERIFF’S DEPARTMENT WHEREAS, New York State has made great strides in reducing violent crime in recent years, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 WHEREAS, the safety of our women and children is of the highest priority and any legislation that seeks to further protect them from sexual predators should be supported and passed, and WHEREAS, legislation has been introduced in the New York State Assembly that would provide for civil confinement of the most dangerous sex offenders and strengthen and expand the scope of Megan’s Law to provide additional safeguards to shield New Yorkers from sexual violence, and WHEREAS, civil confinement legislation would authorize judges, after a unanimous jury verdict, to order a sexually violent predator to be confined in a secure mental facility upon completion of a prison sentence upon a determination that the defender has serious difficulty controlling his violent behavior (A2693), and WHEREAS, convicted sex offenders would be prohibited from living within 1,000 feet of a school or school grounds (A1654), and WHEREAS, a GPS tracking system would be implemented to monitor the actions and whereabouts of the most dangerous sex offenders (A1858), and WHEREAS, law enforcement would be required, rather than simply permitted, to release information on Level 2 and Level 3 sex offenders to vulnerable populations (A1654), and WHEREAS, the Division of Criminal Justice Services’ website would be expanded to include information on all registered sex offenders (A1701), and WHEREAS, legislation introduced in the New York State Senate at the request of Governor Pataki would require lifetime registration of all sex offenders on the New York State Sex Offenders Registry (S2506A), WHEREAS, the Schuyler County Legislature is of the belief that statewide legislation requiring local implementation should be accompanied by state funding streams, NOW THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature lends its support to the implementation of each of the above measures, and BE IT FURTHER RESOLVED, support of said legislation is conditioned upon New York State providing the necessary funding to implement and maintain the above measures, and BE IT FURTHER RESOLVED, said Legislature does hereby urge the New York State Assembly to pass these measures, that New York State Governor George Pataki sign these bills into law when passed, and BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to the County Sheriff, District Attorney, New York State Attorney General’s Office, New York State Assembly Speaker Sheldon Silver, New York State Senate Majority Leader Joseph Bruno, New York State Senator (53rd District) George H. Winner, Jr., New York State (137th District) Thomas F. O’Mara and New York State Governor George Pataki. VOTE: Passed 8-0. RESOLUTION NO. 270 Motion by Larison, Second by Yuhasz. RE: AMEND THE 2005 BUDGET FOR INMATE EXPENSES – SHERIFF’S DEPARTMENT WHEREAS, revenues are generated from the inmates in the county jail making phone calls and that revenue is currently kept in a checking account used on inmate expenses, and WHEREAS, it is upon recommendation of the Sheriff and the Public Safety/Criminal Justice Committee that these funds should now be placed in the county budget in order to be properly audited. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to make the following budget amendment: AMOUNT ACCOUNT NO. DESCRIPTION +$18,793.47 3150.401 Contractual Expense +$18,793.47 3150-1289 Revenue-Other Gen. Govern. Dept. Income VOTE: Passed 8-0. RESOLUTION NO. 271 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE LEVEL THREE PARTNERSHIP PARTICIPATION AGREEMENT WITH THE NEW YORK STATE OFFICE FOR TECHNOLOGY FOR THE STATEWIDE WIRELESS NETWORK – EMERGENCY SERVICES ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, the Schuyler County Emergency Management Office has contacted the State Office For Technology with the intent of exploring a partnership to obtain basic Statewide Wireless Network services which would benefit the County, and WHEREAS, said partnership would involve planning and coordinating the use of technology to improve Governmental efficiency and effectiveness, designing and implementing the State’s common technology networks. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with The New York State Office For Technology for the Office of Emergency Management to obtain Statewide Wireless Network services for an ongoing term, at no cost to the county; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 272 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE ADVERTISEMENT FOR BID FOR ELEVATOR REPAIR MAINTENANCE AND TESTING SERVICES - BUILDINGS AND GROUNDS WHEREAS, the current contract for elevator repair, maintenance, and testing has expired, and WHEREAS, the Building Maintenance Supervisor in conjunction with the Public Works Committee would like to solicit bids for said service. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be hereby authorized to advertise for bids for elevator repair, maintenance, and testing, and BE IT FURTHER RESOLVED, that sealed bids will be received at the Schuyler County Legislative Office, 105 Ninth Street, Watkins Glen, NY 14891 on or before 9:15 a.m., Friday, September 2, 2005 and opened in the Schuyler County Legislative Office that same day at 9:30 a.m. Acceptance or rejection of bids will be awarded at the September 12, 2005 Regular Meeting of the Schuyler County Legislature. The County of Schuyler reserves the right to reject any and all bids. VOTE: Passed 8-0. RESOLUTION NO. 273 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CREATION AND FILLING OF ACCOUNT CLERK TYPIST-KEYBOARD SPECIALIST POSITION AND ABOLISH SR. ACCOUNT CLERK POSITION - OFFICE OF THE AGING WHEREAS, there is a growing need for administrative assistance in such programs including but not limited to filing, scheduling, data collection and entry, and maintaining program updates, and WHEREAS, after careful review of the present and future work needs for the office, it has been determined that the position of Senior Account Clerk is no longer necessary and that a new position is needed to meet its commitment to its clients, and WHEREAS, upon recommendation of and review by the Human Resources Manager and Personnel Officer, the position of Senior Account Clerk should be abolished and a position titled Account Clerk Typist- Keyboard Specialist should be created to assist in health insurance counseling, in paying heating bills, distribution of farmers market coupons and administrative assistance in such and other programs including but not limited to filing, scheduling, data collection and entry, and maintaining program updates. NOW, THEREFORE, BE IT RESOLVED, that the Office for the Aging Director is hereby authorized to create and fill a full-time position (35 hours) titled Account Clerk Typist-Keyboard Specialist, in Grade V at an hourly rate of $11.77, and BE IT FURTHER RESOLVED, that the position Senior Account Clerk in the Office for the Aging be abolished effective immediately. VOTE: Passed 8-0. RESOLUTION NO. 274 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CREATION AND FILLING OF AN AGING ADVOCATE COORDINATOR POSITION - OFFICE OF THE AGING WHEREAS, the Schuyler County Office of the Aging (SCOFA) serves the needs of persons sixty years and older residing in the County, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 WHEREAS, included among its many programs is advocacy and protection of the rights of those older Schuyler residents that reside in a formal institutional setting as is mandated by the New York State Office for the Aging, and WHEREAS, there are over two hundred and fifty persons in Schuyler County at this time that reside in such formal settings and that number is expected to grow every year, and WHEREAS, in order to properly address the present and future needs of such persons within the requirements of both State and Federal law, after careful review of the present and future work needs of the office, to meet its obligations to such persons, it has been determined that a new position is needed, and WHEREAS, upon recommendation of and review by the Human Resources Manager and the Personnel Officer, a position titled Aging Advocate Coordinator should be created to conduct recruiting, training, and maintenance of a volunteer staff of advocates as well as to participate directly in providing advocacy on the behalf of elders as above described, and to assure and monitor the operation of such program within the guidelines of both State and Federal law. NOW, THEREFORE, BE IT RESOLVED, that the Director of the Office for the Aging is hereby authorized to create and fill the position of Aging Advocate Coordinator, part-time (15) hours a week, at Grade XII at an hourly rate of $12.80 an hour, effective immediately. VOTE: Passed 8-0. RESOLUTION NO. 275 Motion by Larison, Second by Bleiler. RE: APPOINTMENT – SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT & D) BOARD BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Danielle Hautaniemi to the & D Board to replace Charles Fausold with a term ending December 31, 2005. VOTE: Passed 8-0. RESOLUTION NO. 276 Motion by Larison, Second by Bingell. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN/AUTHORIZE CREATION AND FILLING OF ONE FULL-TIME PURCHASING SPECIALIST POSITION – TREASURER’S OFFICE WHEREAS, Resolution No. 246-05 authorized the County Administrator to fill the Purchasing Agent position in the manner deemed most appropriate, and WHEREAS, it is his recommendation that it would be beneficial to re-create the Purchasing Specialist and place said position under the supervision of the Treasurer, and WHEREAS, the Human Resources Director has conducted the factor rating below for this new position and recommends it be placed in Grade Level D of the Management/Confidential Salary Plan: I Accountability 60 II Complexity of Duties 30 III Experience/Knowledge 60 IV External Contacts 30 V Independent Judgment 75 VI Internal Contact 30 VII Impact on Programs/Adm 25 VIII Interpersonal Skills 40 IX Supervision/Leadership 25 TOTAL 375 = D NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby amends the Management/Confidential Salary Plan (MCSP) and approves of the Treasurer’s creation and filling of one full- time Purchasing Specialist position, to be placed in Grade Level D in the MCSP, effective immediately at a salary range of $29,102 - $36,060. VOTE: Passed 8-0. RESOLUTION NO. 277 Motion by Larison, Second by Bingell. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY CLERK TO THE LEGISLATURE BE IT RESOLVED, that this Legislature acknowledge the appointment by Stacy B. Husted, Clerk to the ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 Legislature, of Sharlene Parker as Deputy Clerk of the Legislature at an annual salary of $31,500, effective August 22, 2005, to fill the vacated four-year term ending December 31, 2007, said position is in Grade Level D of the Management/Confidential Salary Plan. VOTE: Passed 8-0. RESOLUTION NO. 278 Motion by Larison, Second by Bingell. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES WHEREAS, the Management/Confidential Salary Plan states that the salary ranges may be increased each year by the rate of the Cost of Living Adjustment (COLA) from the July Bureau of Labor Statistics Data Report, Consumer Price Index, and applied using the same methodology as the Federal Government, and WHEREAS, the COLA for the period April-May-June, 2005 was determined to be 3.2%, and WHEREAS, the Legislature will set the COLA to be 3.2 % for the year 2006. NOW, THEREFORE, BE IT RESOLVED, that the Factor Rating System and Salary Ranges chart shall be amended to reflect this change as per attached chart, effective January 1, 2006. FACTOR RATING SYSTEM AND SALARY RANGES POINTS GRADE MIN MID MAX_ 1026 – 1100 M 67,903 77,031 86,178 951 – 1025 L 62,675 71,815 80,955 876 – 950 K 57,451 66,592 75,733 801 – 875 J 52,228 61,370 70,510 726 – 800 I 47,008 56,148 65,287 651 – 725 H 41,784 50,271 58,759 576 – 650 G 37,866 47,008 56,148 501 – 575 F 35,254 43,742 52,228 426 – 500 E 32,643 40,477 48,312 351 – 425 D 30,033 37,214 44,397 276 – 350 C 27,421 33,949 40,477 202 – 275 B 24,809 31,338 37,866 VOTE: Passed 8-0. RESOLUTION NO. 279 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE COMPUTERS – COUNTY ATTORNEY’S OFFICE WHEREAS, the County Attorney’s Office has two older computers that are currently running outdated programs, and WHEREAS, there is a problem with malfunctions on a near-daily basis with one of these computers, and WHEREAS, these computers are unable to run the updated programs that would allow them to interact with other computers in the department, and to meet the confidentiality rules of the IT Policy recently adopted by the Legislature concerning confidentiality of e-mail and documents sent, and WHEREAS, the IT Department has advised the County Attorney’s Office that it is not able to efficiently bring these computers up to date without losing valuable functions in both of them, that there are no other used computers available to replace them, and that these computers be replaced as soon as possible so they may be able to run the current applications that the county is using and comply with the IT Policy, and WHEREAS, the IT Department has given what they feel to be an excellent quote from Dell of $672.50 per computer (no monitors are needed at this time), for a total of $1,345, plus shipping and handling, and WHEREAS, there are insufficient funds in the County Attorney’s 2005 budget to cover said purchase. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $1,345 from Contingency account no. 1990.500 to County Attorney account no. 1420.200-Equipment, for the purchase of two computers. Shipping and handling charges shall be paid out of the County Attorney account no. 1420.433. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 DISCUSSION: Legislator Slusser said every year we have this happen. Every year two or three different departments come for more money. He feels this should be part of the budget process. Administrator O’Hearn agrees and said he intends to separate all Information Technology (IT) purchases into one group and have the IT department administer the funds. Only those purchases reviewed and approved of will be budgeted for. VOTE: Passed 8-0. RESOLUTION NO. 280 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS – PUBLIC DEFENDER WHEREAS, the Public Defender’s 2005 budget has experienced some significant expenses due to several assigned counsel cases and some outstanding 2003/04 assigned counsel invoices. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer by hereby authorized to transfer $10,000.00 from Contingency account no. 1990.500 into Public Defender account no. 1170.563– Assigned Counsel/Family Court to pay for said invoices. DISCUSSION: Legislator Bleiler wanted to know how they have run out of funds in this line item. He will be attending the next Public Safety/Criminal Justice Committee meeting for an explanation from the Public Defender. Legislator Fagan stated that most of these bills are still from the year 2003-2004. Legislator Bleiler said he believes they were told they would not need much this year to pay them off. VOTE: Passed 8-0. RESOLUTION NO. 281 Motion by Fagan, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS – HUMAN RESOURCES WHEREAS, there has been a significant increase in human resource issues that required professional labor attorney expertise, and WHEREAS, there are insufficient funds in the Human Resources 2005 budget to cover bills from labor counsel. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $701.00 from Contingency account no. 1990.500 to Human Resources account no. 1430.435. VOTE: Passed 8-0. RESOLUTION NO. 282 Motion by Fagan, Second by Bleiler. RE: RESOLUTION IN SUPPORT OF NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC) APPROVING A REMEDIAL DESIGN WORK PLAN WHEREAS, the proposed hotel plan for the Seneca Market Site on North Franklin Street in Watkins Glen is a major development project for Schuyler County, and WHEREAS, with nearly one-hundred visitors to every resident, one of the highest ratios in the nation, the County Legislature is very much in favor of the proposed hotel project, and WHEREAS, this project will provide substantial benefits to our community and region, and WHEREAS, this Legislature supports the Brownfield Cleanup Program and this proposed remedy to address contamination related to this site in order to place it back to productive use. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the NYSDEC to consider, review, and approve the proposed Remedial Design Work Plan for this site. VOTE: Passed 8-0. RESOLUTION NO. 283 Motion by Fagan, Second by Bleiler. RE: AUTHORIZE AGREEMENT WITH YOUTH BUREAU TO PROVIDE PERSONS IN NEED OF SUPERVISION (PINS) DIVERSION SERVICES – SOCIAL SERVICES WHEREAS, Resolution No. 215-05 designated the Department of Social Services as Lead Agency for PINS Diversion, and WHEREAS, the Department of Social Services has funds available through the Flexible Fund for Family Services to pay for an agreement with the Youth Bureau to have the Families First Program provide PINS Diversion Services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an agreement between Social Services and the Youth Bureau for the purpose of providing PINS Diversion Services, at a cost not to exceed $100,000, effective upon signing the agreement for a term of a full year; subject to the approval of the Schuyler County Attorney. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 VOTE: Passed 8-0. RESOLUTION NO. 284 Motion by Fagan, Second by Bleiler. RE: AUTHORIZE REQUEST FOR PROPOSALS TO PROVIDE TWO CRISIS AND PREVENTION (CAP) WORKERS FOR THE FAMILIES FIRST PINS DIVERSION PROGRAM – YOUTH BUREAU WHEREAS, there is a need for crisis and prevention (CAP) workers in the Families First program to administer the Persons In Need of Supervision (PINS) diversion program, and WHEREAS, the Department of Social Services has funds available through the Flexible Fund for Family Services to pay for the agreement. NOW, THEREFORE, BE IT RESOLVED, that the Youth Bureau Director be authorized to request proposals for said services, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an agreement with said agency chosen from the proposals to provide two CAP prevention workers at a cost not to exceed $100,000, effective upon signing the agreement for a term of a full year; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 285 Motion by Bingell, Second by Yuhasz. 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. 286 Motion by Bingell, Second by Yuhasz. RE: APPOINTMENT – COUNTY CORONER WHEREAS, Wesley Canfield, M.D. has resigned from his position as County Coroner effective July 31, 2005, and WHEREAS, Blanche Borzell, M.D., Chief Coroner, has recommended Dr. James Norton to fill said vacancy until such time a primary can be held to fill the unexpired term. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Dr. James Norton, M.D. as County Coroner to fill the vacancy of Wesley Canfield, M.D., effective immediately until December 31, 2005. VOTE: Passed 8-0. NEW BUSINESS: Administrator O’Hearn stated that the Legislature has scheduled a public information meeting for next Thursday, August 18, 2005 at the Rural Urban Center (RUC) in Montour Falls at 7:00 p.m. for a reconfigured office space study. He has some specific information to share with the media. The main goal of the meeting is to explain to the residents why this is being considered in response to individual questions to legislators. It is to hold an open forum to provide accurate information to the public. MOTION by Legislator Bleiler to publicly say thank you to Dr. Castor and say our County appreciates the gratitude and excellent example of efforts, shared services and volunteerism as it relates to the Free Health Clinic. SECOND by Legislator Yuhasz. Motion carried eight ayes to zero noes. REPORT ON STANDING COMMITTEES: Legislator Bleiler reported on the Human Services Committee. He reported that the Youth Bureau will have their annual summer youth employment at the race track this weekend. There is usually around forty youth that are paid by the race track to pick up after the race. They do an excellent job and he feels this is a good government program to help kids earn money and learn responsibility. Legislator Bingell reported on the Public Works Committee. She reported that the Highway Department has been out paving and doing a good job. If you should happen to travel County Route 23, they have really done a beautiful job. She has a letter to Rodney Jaynes, Deputy Highway Superintendent, from Kathy Walruth complimenting their hard work on the crews. She read the letter out loud. See letter on file in the meeting folder. Legislator Slusser reported on the Management and Finance Committee. He reported that the Treasurer and her department have been working very hard. The County is now caught up on audits and annual reports ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 filed with the State. He also read a letter of accommodation to Helen Thingvoll, Personnel Officer, from the State. The County’s provisional appointments have come down significantly. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn said he had nothing new to report, other than to announce that the Council of Governments has their second meeting scheduled for Wednesday, August 17, 2005. They will be setting by- laws and identifying issues to prioritize and address. PUBLIC PARTICIPATION: Mr. Gordon Swarthout asked what Resolution No. 282 was in regards to. Chairman Gifford explained that it has to do with clean up of lakefront property and the DEC has asked for public comment. The Meeting adjourned at 6:57 p.m. Stacy B. Husted, Clerk SPECIAL MEETING SEPTEMBER 7, 2005 The September 7, 2005 Special Meeting of the Schuyler County Legislature was called to order at 9:15 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present, except for Legislature Fagan who was excused. County Attorney Coleman and County Administrator Timothy O’Hearn, were also present. PUBLIC PARTICIPATION: RESOLUTION NO. 287 Motion by Bingell, Second by Slusser. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. ACCEPT/REJECT BIDS FOR SENECA HARBOR PARK PHASE III CONSTRUCTION 2. AUTHORIZE CONSIGNMENT CONTRACT FOR COUNTY AUCTION OF SURPLUS VEHICLES – HIGHWAY DEPARTMENT Vote: Passed 6-0. RESOLUTION NO. 288 Motion by Bingell, Second by Yuhasz. RE: ACCEPT/REJECT BIDS FOR SENECA HARBOR PARK PHASE III CONSTRUCTION – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 54-03 authorized a contract with Hunt Engineers to provide construction documents, bid administration and construction administration as well as authorization to go out to bid for the Seneca Harbor Park Phase III project, and WHEREAS, there were only two bids received, both being higher than the County’s budgeted funding for the Phase III Project. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby rejects all bids as follows: Edger Enterprises $705,195 Fahs Construction Group $562,770 DISCUSSION: Chairman Gifford asked what the estimate was from the engineer. David Lisk, Building Maintenance Supervisor, said $360,000. Legislator Slusser said the increase can not be the cost of gas only. David explained that with other projects, his department or the Highway Department did some paving and some labor which saved the county money. Having the contractor include all of that in the quote increased the cost. He suggested they pull that out next time and do it themselves again. He feels it is a combination of things. He is confident if they re-bid, pull pavers out and have his staff do some items, it would lower the bids down to closer to $360,000. He recommended having the word done after the cardboard boat festival in Spring of 2006. Vote: Passed 6-0. Legislator Larison in at 9:20am RESOLUTION NO. 289 Motion by Bingell, Second by Slusser. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RE: AUTHORIZE CONSIGNMENT CONTRACT FOR COUNTY AUCTION OF SURPLUS VEHICLES – HIGHWAY DEPARTMENT WHEREAS, it is upon the recommendation of the County Administrator and the Highway Superintendent that two county surplus vehicles be take to auction on Saturday, September 10, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of Legislature be hereby authorized to sign a contract with Roy Teitsworth for an auction in Monroe, at a 10% commission; subject to the approval of the Schuyler County Attorney. DISCUSSION: Chairman Gifford explained that the next auction is in Rochester for two cars from Central Garage. There is no agreement with them and they need it by this Friday. Administrator O’Hearn explained that he met with the Highway Superintendent and with the auctioneer last week. The auctioneer’s suggestion was to have one car on Ebay again with nothing to lose. This time they put both cars on and Ebay did not hit the reserve amount. The Highway Superintendent needs a resolution to authorize the chairman to sign an agreement for Friday for this specific auction that was not listed in the original resolution. Vote: Passed 7-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:25 a.m. Stacy B. Husted, Clerk REGULAR MEETING SEPTEMBER 12, 2005 The September 12, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator Timothy O’Hearn, were also present. PUBLIC PARTICIPATION: Georgiana Baker, a county employee, spoke in regards to the parking directive issued. She is concerned about a number of items such as the Star Gazette article. She wished that she and others had been spoken to prior to this directive. She is also concerned about parking in the State Park lot, in regards to ice and snow. She also spoke about the new regulations in the Village of Watkins Glen going into effect and how it will possibly affect employees receiving parking tickets. She is also concerned with the safety of county vehicles in the new location at the State Park lot. She said she expects that when you have a job that you are going to have a parking space for your car every day. Kathy Walruth, Union President of the CSEA Administrative Unit, indicated that she wants to make sure that the County Administrator will ensure that the State Park lot will be kept clear during bad weather, so no one falls, referring to previous injury last year of a county employee. Kathy is concerned that not only the administrative union staff to be required to park in non-visitor designated spots but the Sheriff’s department employees should also be required and it should be enforced. Sue Brill, a county employee, indicated that she knows that parking is a problem but feels that this directive in regards to parking was not discussed with other employees and feels that it should have been, before put in place. County Administrator O’Hearn responded to the parking directive concerns by explaining that parking is not an entitlement for workers. He is aware that the new situation needs monitoring. He does not want to look out here and see empty spaces. He stated that he has always had an open door policy and anyone with concerns could come and discuss them. He informed the public that this is not a change of employment issue, and it is not a bargaining unit issue. It is a management prerogative through my office. The bottom line is, the County simply does not have enough parking spaces for everyone. He added, however, that he will consider hardship waivers. He said the directive was prompted by visitor complaints. RESOLUTION NO. 290 Motion by Larison, Second by Yuhasz. RE: APPROVE MINUTES OF THE AUGUST 8, 2005 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the August 8, 2005 Regular Meeting of the Schuyler County ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Legislature be approved. Vote: Passed 8-0. RESOLUTION NO. 291 Motion by Larison, Second by Yuhasz. RE: RESOLUTION IN SUPPORT OF THE TRANSPORTATION BOND ACT OF 2005 WHEREAS, all of the various communities and residents of the State of New York receive significant benefits, including without limitation significant economic opportunities through increased and enhanced development as well as a reduction in highway fatalities and injuries, arising out of the maintenance and upgrading of the transportation system within the State; and WHEREAS, the State Legislature and the Governor have proposed a five-year $35.8 billion capital transportation plan that includes the $2.9 billion Transportation Bond Act of 2005 (Bond Act); and WHEREAS, the investment by the State of New York and its citizens in highways and bridges within the State not only provides a safer and more efficient transportation system, but also provides all New Yorkers with the ability to meet their individual transportation needs in a safe and efficient manner; and WHEREAS, one of the projects which will benefit from the Bond Act is the upgrade of New York State Route 17, which traverses ten counties located within the Southern Tier, to Interstate 86; and WHEREAS, a study projects that the conversion of New York State Route 17 to Interstate 86 will result in a $3.2 billion direct economic benefit to the communities along the I-86 highway corridor once the conversion has been completed; and WHEREAS, residents of the State of New York have overwhelmingly expressed their support for increased investment in the improvement of roads and bridges within the State to provide for safer and more efficient transportation within the State; and WHEREAS, the Bond Act is only one part of an overall plan to improve the transportation infrastructure within the State. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby express its support for the $2.9 billion Bond Act and recommends its approval by the voters of the State of New York; and BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby authorized and directed to forward a certified copy of this resolution to Governor George E. Pataki, Senate Temporary President and Majority Leader Joseph L. Bruno, Speaker of the Assembly Sheldon Silver, Senator George H. Winner, Jr., Thomas F. O’Mara, Transportation Commissioner Thomas Madison, Senate Transportation Committee Chairman Thomas E. Libous, assembly Standing Committee on transportation Chairman David Grant, the New York State Association of Counties, the Inter-County Association of Western New York, and the Schuyler County Council of Governments. Vote: Passed 8-0. RESOLUTION NO. 292 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AN AGREEMENT WITH DIANA ORTIZ FOR INTERPRETING SERVICES – HEALTH SERVICES WHEREAS, the Public Health and Mental Health departments may on occasion require a Spanish language interpreter in order to provide services to clients whose first language is Spanish, and WHEREAS, Diana Ortiz is qualified to provide interpreting services on an as-needed basis, and WHEREAS, funds are available in the 2005 Public Health and Mental Health budgets to provide for payment of these services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Diana Ortiz for the provision of interpreting services on an as needed basis at the rate of $25 per hour for the period August 8, 2005 through December 31, 2005, renewable annually on the calendar year, funds available in the 2005 Mental Health and Public Health budgets, account no. 4310.435 and account no. 4010.400, subject to approval by the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 293 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH SUE COLLINS, DVM FOR VETERINARY SERVICES – PUBLIC HEALTH ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, the Public Health Department is required to provide rabies vaccination clinics and staff such clinics with qualified personnel, and WHEREAS, Dr. Sue Collins is an established veterinarian qualified to provide services at the vaccination clinics. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Dr. Sue Collins for the provision of veterinary services at the rabies vaccination clinics for the period August 1, 2005 through December 31, 2005, at the hourly rate of $25.00, such amount provided for in the 2005 Public Health budget, account no. 4042.435, subject to approval by the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 294 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AN AMENDMENT TO THE 2005 AGREEMENT WITH HEALTH CARE COMPLIANCE ENTERPRISE, LLC – COMMUNITY SERVICES WHEREAS, Resolution No. 62-05 authorized a contract renewal with Health Care Compliance Enterprise, LLC for consultation services regarding regulatory compliance, in an amount not to exceed $7,150 for 2005, and WHEREAS, this amount has been exhausted and additional work is necessary to prepare for the upcoming regulatory review of the Mental Health clinic. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the agreement with Health Care Compliance Enterprise, LLC for consultation services, increasing the amount of the contract by $4,200, to an amount not to exceed $11,350, funds available in the 2005 Mental Health budget, account no. 4310.435-4316, at no local share cost, subject to approval by the County Attorney. Vote: Passed 8-0. RESOLUTION NO. 295 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AN AMENDMENT WITH FINGER LAKES ADDICTIONS COUNSELING AND REFERRAL AGENCY (FLACRA) AND AMEND THE 2005 BUDGET – COMMUNITY SERVICES WHEREAS, Resolution No. 472-04 authorized a contract renewal with the FLACRA in an amount not to exceed $103,389 for 2005 and Resolution No. 120-05 authorized an amendment to that agreement reducing the contract to an amount not to exceed $83,480, and WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has issued a revised State Aid letter increasing funding to FLACRA by $2,690. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the 2005 agreement with Finger Lakes Addictions Counseling and Referral Agency for alcoholism and substance abuse treatment services, increasing the amount of the contract by $2,690, to an amount not to exceed $86,170, subject to approval by the County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2005 County Mental Health budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION + $2,690 4322.336 FLACRA + $2,690 4322-3490 State Aid-Mental Health Vote: Passed 8-0. RESOLUTION NO. 296 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AMENDMENT TO THE 2005 AGREEMENT WITH FAMILY SERVICE SOCIETY AND AMEND THE 2005 BUDGET – COMMUNITY SERVICES WHEREAS, the Mental Health Department currently contracts with Family Service Society Inc., for specialized treatment services and related training, and WHEREAS, there is a temporary need for mental health services workers to provide clinic services due to the current staffing shortage in the Mental Health Clinic, and WHEREAS, Family Service Society is able to provide qualified Social Workers to work in the Mental Health Clinic on a temporary basis, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 WHEREAS, savings in the Mental Health personnel budget due to vacancies can be used to cover the cost of the temporary workers. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract amendment with Family Service Society Inc. to include the provision of temporary mental health workers for the period September 1, 2005 through December 31, 2005, at the rate of $36 per hour, in an amount not to exceed $12,000, total funding of this contract not to exceed $32,000, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2005 Mental Health budget as follows: AMOUNT ACCOUNT NAME ACCOUNT NUMBER - $12,000 Personnel Svcs Regular 4310.100 + $12,000 Professional Fees & Svcs 4310.435 Vote: Passed 8-0. RESOLUTION NO. 297 Motion by Larison, Second by Bingell. RE: AUTHORIZE AN AMENDMENT TO THE FEE SCHEDULE FOR WATERSHED PROTECTION AGENCY AND AMEND THE 2005 BUDGET – PUBLIC HEALTH WHEREAS, services performed by the Watershed Protection Agency are subject to fees charged and collected by the Watershed Inspector per an established fee schedule approved by the Legislature, and WHEREAS, current economic conditions, most specifically the dramatic increase in gasoline prices, has resulted in an increase in fees charged for laboratory services in connection with services provided by the Watershed Protection Agency, and WHEREAS, the increased cost of the laboratory services shall be borne by the recipient of the Watershed services and shall not be added to the local share cost. NOW, THEREFORE, BE IT RESOLVED, that the fee schedule for the Watershed Protection Agency be amended to reflect a $2 increase per water sample submitted for laboratory testing, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the Public Health 2005 budget as follows: AMOUNT ACCOUNT NUMBER DESCRIPTION + $450.00 4050.476 Sampling (Sand & Water) + $450.00 4050-1609 Watershed Revenues Vote: Passed 8-0. RESOLUTION NO. 298 Motion by Larison, Second by Bingell. RE: AUTHORIZE STOP DWI PLAN FOR 2006 – SHERIFF’S DEPARTMENT WHEREAS, the County of Schuyler is participating in the New York State Stop D.W.I. Program, and WHEREAS, participation in said program is totally reimbursed by the State of New York. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby adopts and approves the 2006 STOP-D.W.I. Program Plan, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign said Plan; subject to the approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 299 Motion by Larison, Second by Bingell. RE: AMEND DEPARTMENT OF SOCIAL SERVICES 2005 BUDGET FOR TANF SERVICES PLAN WHEREAS, the State of New York allocated additional funds for the Department of Social Services’ TANF Services Plan that need to be included in the department’s budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services Budget shall be amended as follows: AMOUNT ACCOUNT NO. DESCRIPTION + $60,000 6010.552 TANF Services Plan + $60,000 6010-4610 Federal Aid – Administration Vote: Passed 8-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RESOLUTION NO. 300 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS – LEGISLATURE WHEREAS, Resolution No. 260-05 appointed Gail Hughey as a full-time Human Resources Director removing her from the Legislative Office as Clerk to the Legislature, and WHEREAS, the prior salary for the position of Clerk of the Legislature/Human Resources Manager was split between the Human Resources budget and the Legislative budget, and WHEREAS, this change created a surplus in the Legislative budget and a deficit in the Human Resources budget, and WHEREAS, there is now a need to transfer funds from one budget to the other to pay for the remainder of the 2005 salary. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $19,790.88 from Legislative account no. 1010.100-Personal Services, to Human Resources account no. 1430.100-Personal Services. Vote: Passed 8-0. RESOLUTION NO. 301 Motion by Larison, Second by Bingell. RE: SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE” WHEREAS, final Judgment of Foreclosure in the pending tax foreclosure proceeding has been received by the County Attorney’s Office pursuant to Article 11 of the Real Property Tax Law, and WHEREAS, it is necessary to set a tax auction sale date in advance thereof, and WHEREAS, the Schuyler County Treasurer is the enforcing officer responsible for carrying out a foreclosure sale. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer has set October 8, 2005 as a tax auction sale date, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature or his designee be, and hereby is, authorized to sign and the Sheriff’s Department to hand deliver a Notice to Vacate to all occupants of property on which the County of Schuyler holds, or will hold, a tax deed to, and BE IT FURTHER RESOLVED, that said Notice of Vacate be sent by registered mail to the most recent owners of record as shown in the property description. Vote: Passed 8-0. RESOLUTION NO. 302 Motion by Larison, Second by Bingell. RE: ACCEPT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED WHEREAS, the County Treasurer took tax deeds to property located in Schuyler County, State of New York, and WHEREAS, the former owner of record or the estate of the former owner of record may submit an Offer to Purchase in the full amount of taxes, penalties, interest and other County expenses involved with the property. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to accept the Offer to Purchase and execute the quitclaim deed and attending documents for the transfer of properties for which the County of Schuyler has taken a tax deed and listed said property in the tax sale auction, upon payment to the Schuyler County Treasurer of the full amount of the purchase offer. The full amount of the purchase offer must be made by 5:00 p.m. on October 7, 2005, which is the last regularly scheduled work day of the Schuyler County Treasurer’s Office prior to the tax sale auction, and BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof. Vote: Passed 8-0. RESOLUTION NO. 303 Motion by Karius, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR PERSONNEL – BOARD OF ELECTIONS WHEREAS, the Board of Election Commissioners recognize additional part-time personnel is necessary to assist the office in transition with one Deputy Commissioner resigning at the end of the year, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 WHEREAS, the Commissioners would like to request additional funding to pay for said personnel in order to properly train them before the Deputy Commissioner leaves. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the amount of $2,000 from Contingency account no. 1990.500 to account no. 1450.100 to cover said training for a period of September 13, 2005 through December 31, 2005. Vote: Passed 8-0. RESOLUTION NO. 304 Motion by Karius, Second by Bingell. RE: AUTHORIZE REVISION OF RECORDS MANAGEMENT PROGRAM – AMENDED BY RESOLUTION NO. 389-05 WHEREAS, it is the recommendation of the County Administrator and Human Resources Director that the Records Manager position be revised to assume the responsibilities of Records Management Officer, include grant writing and other administrative responsibilities, and report to the County Clerk. NOW, THEREFORE, BE IT RESOLVED, that the Records Manager position be hereby amended as set forth above, placed in Grade Level XVIII with a starting base rate of $14.37 per hour, and BE IT FURTHER RESOLVED, that said increase will be covered by current funds in the 2005 Records Management budget, and BE IT FURTHER RESOLVED, that Resolution Nos. 87-1998 and 94-1999 designating the Deputy Clerk of the Legislature as Records Management Officer, and designating the Records Manager position to the Legislative Office, respectively, be hereby rescinded, and BE IT FURTHER RESOLVED, that Kathy Walruth, Records Manager, be hereby designated as Schuyler County’s Records Management Officer with the New York State Archives, effective immediately. Vote: Passed 8-0. RESOLUTION NO. 305 Motion by Karius, Second by Bingell. RE: AUTHORIZE CONTRACT EXTENSION WITH SILVERLINE CONSTRUCTION FOR MISCELLANEOUS STRUCTURAL MAINTENANCE AND RECONSTRUCTION - HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree to exercise an available one-year contract renewal for assistance when the county receives structural damage, which requires repair on various structures throughout the county due to emergencies, State Flag reports, natural disasters, etc., and WHEREAS, Silverline Construction has agreed to extend the original agreement for the following amounts: Classifications Towns of Catharine, Cayuta, Towns of Dix, Orange, Hector & Montour Hourly Rate Reading & Tyrone Hourly Rate Foreman $61.00 $61.00 Journey Man Carpenter 60.00 60.00 Iron Worker 65.00 65.00 Laborer 53.75 53.75 Equipped Field Truck 18.00 18.00 15 Cu. Yd. Dump Truck 60.00 60.00 15,000 lb. Crawler Dozer 95.00 95.00 30,000 lb. 3 yd. Wheeled Loader 95.00 95.00 45,000 lb. Excavator w/ Thumb 125.00 125.00 Bid to be used within budgeted funds for a given year. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a renewal agreement with Silverline Construction effective October 1, 2005 through September 30, 2006: funding available in the 2005/2006 budget; subject to the approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 306 Motion by Bingell, Second by Yuhasz. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RE: AUTHORIZE CONTRACT EXTENSION WITH SIMONSEN ENTERPRISES FOR DEER CARCASS REMOVAL – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree to exercise an available one-year contract renewal for the Deer Carcass Removal, and WHEREAS, Simonsen Enterprises has agreed to extend the original agreement at the original bid price of $27.50 for each removal. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a renewal agreement with Simonsen Enterprises effective January 1, 2006 through December 31, 2007; funding available in the 2006 budget account no. 5110.400; subject to the approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 307 Motion by Bingell, Second by Yuhasz. RE: ABANDON COUNTY OWNED BRIDGE IN ORDER TO CONVEY IT TO THE VILLAGE OF BURDETT – HIGHWAY DEPARTMENT WHEREAS, the county-owned bridge on Tug Hollow Road in the Village of Burdett, BIN #3332530, has been rendered obsolete and surplus to county needs and is restricted to pedestrian traffic, and WHEREAS, by Resolution dated March 18, 2003, the Village of Burdett agreed to accept ownership thereof upon completion of repairs, such repairs having since been completed. NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler hereby abandons said bridge and conveys the same to the Village of Burdett, and BE IT FURTHER RESOLVED, that a certified copy hereof be recorded with the Schuyler County Clerk’s Office and filed with the Village of Burdett Clerk on notice to the Village Board. Vote: Passed 8-0. RESOLUTION NO. 308 Motion by Bingell, Second by Yuhasz. RE: ACCEPT/REJECT BIDS FOR FIVE-YEAR CONTRACT FOR ELEVATOR REPAIR, MAINTENANCE AND TESTING – BUILDINGS AND GROUNDS WHEREAS, the Public Works Committee accepted requests for proposals for elevator repair, maintenance and testing services, and WHEREAS, said requests were received and opened on September 2, 2005 in the Legislative Office, and WHEREAS, the Building Maintenance Supervisor recommends acceptance of the lowest quote from Schindler Elevator Service Company. NOW, THEREFORE, BE IT RESOLVED, that the low quote of $28,670.00 from Schindler Elevator Service Company be accepted, and BE IT FURTHER RESOLVED, that the following quotes be rejected: Elevator Corp. $31,548.00 The Elevator Guild $58,265.90 Downey-Goodlein Elevator $64,444.80 Otis Elevator Company $44,847.15, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Schindler Elevator Service Company for the Buildings and Grounds Department for elevator repair, maintenance and testing for the term January 1, 2006 through December 31, 2010, funding available in the 2006 Buildings and Grounds budget account no. 1620.400; subject to approval by the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 309 Motion by Larison, Second by Bingell. RE: DECLARE PROPERTY SURPLUS IN THE TOWN OF HECTOR – BUILDINGS AND GROUNDS WHEREAS, the County of Schuyler is the owner in fee of 1,806 feet of the Taughannock Creek stream channel and a certain section of 2,086 feet of abandoned highway in the vicinity of Buck Hill Road and State Route 228 near the Tompkins County line, and WHEREAS, the creek is undermining an adjoining owner’s property, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 WHEREAS, the abandoned highway is of no use whatever to the county and constitutes a potential continuing liability, and WHEREAS, the Highway Law allows for the sale without bids to the highway adjoiners, and WHEREAS, County Law §215 requires that the other lands herein (stream channel) can be sold only by legislative declaration of surplus and public advertising and bids, and WHEREAS, it would be in the interest of all affected parties, both public and private, to resolve these issues by sale of the lands in question. NOW, THEREFORE, BE IT RESOLVED: 1. That the Schuyler County Legislature, 2/3 of the members concurring, hereby declares surplus and excess to county needs those abandoned highway and stream channel lands above-mentioned, as described on attachments A, B, D1-7 and H hereto surplus and excess to county needs and to be sold in accordance with the relevant laws appertaining thereto, and 2. That all county officials required or needed to participate in the process of conveyances are hereby authorized to proceed and carry out their respective functions to this end, and 3. The Schuyler County Attorney be authorized to take all steps legally necessary to effect such conveyances, and 4. That the Chairman of the Schuyler County Legislature is authorized to execute all documents necessary to the process above-described, and 5. That a certified copy of this resolution be filed with the Town Clerk of the Town of Hector and the Schuyler County Clerk. Vote: Passed 8-0. RESOLUTION NO. 310 Motion by Larison, Second by Bingell. RE: AMEND RESOLUTION NO. 66-05 TITLED “APPOINTMENTS TO BARGAINING UNIT COMMITTEES” WHEREAS, Resolution No. 66-05 authorized appointments to the Bargaining Unit Committees, consisting of the Legislative Chairman, appropriate Committee Chairman and Clerk of the Legislature, and WHEREAS, the administrative structure within the county has since changed. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 66-05 be amended to read as follows: BARGAINING UNIT COMMITTEES County Administrator and Human Resources Director – Co-Chief Negotiators Appropriate Jurisdictional Committee Chairs Vote: Passed 8-0. RESOLUTION NO. 311 Motion by Larison, Second by Bingell. RE: AUTHORIZE TEMPORARY EASMENT AGREEMENT WITH JEFFREY DUNCAN – BUILDINGS AND GROUNDS WHEREAS, the County of Schuyler is the owner of some 1,806 feet of Taughannock Creek in the Town of Hector ending at the Tompkins County line, and WHEREAS, Jeffrey Duncan owns premises adjacent to said stream (Tax Parcel 48.311), and WHEREAS, stream bank erosion is undermining Mr. Duncan’s garage, and WHEREAS, the county wishes to grant the affected landowner a gratuitous temporary easement and license agreement for the purpose of allowing a contractor engaged by the landowner to repair the stream bank, and WHEREAS, the Schuyler County Soil & Water Conservation District is working with Mr. Duncan to design and acquire all permits to repair the eroded stream bank. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the Temporary Easement; subject to the approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 312 Motion by Bingell, Second by Larison. RE: AUTHORIZE PARTICIPATION IN THE SCHUYLER COUNTY COUNCIL OF GOVERNMENTS WHEREAS, a Schuyler County Council of Governments comprised of Schuyler County’s Chief Elected Officials and Chief School Officers has been established, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, said council has developed by-laws as a means to determine both mission and function of the organization. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby accept the by-Laws of the Council of Governments attached and on file in the Legislative Office, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby authorize participation in the Schuyler County Council of Governments. Vote: Passed 8-0. RESOLUTION NO. 313 Motion by Bingell, Second by Larison. RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, EXTENDING THE ADDITIONAL RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND ON CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS, AMUSEMENT CHARGES AND CLUB DUES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK AND EXEMPTING CERTAIN RESIDENTIAL ENERGY SOURCES AND SERVICES FROM SUCH ADDITIONAL RATE OF TAX Be it enacted by the Legislature of the county of Schuyler, as follows: SECTION 1. The first sentence of section two of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: SECTION 2. Imposition of sales tax. On and after March 1, 1968, there is hereby imposed and there shall be paid a tax of three percent upon, and for the period commencing March 1, 2000, and ending November 30, 2007, there is hereby imposed and there shall be paid an additional tax of one percent upon: SECTION 2. Subdivision of section three of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: With respect to the additional tax of one percent imposed for the period commencing March 1, 2000, and ending November 30, 2007, the provisions of subdivisions and of this section apply, except that for the purposes of this subdivision, all references in said subdivisions and to an effective date shall be read as referring to March 1, 2000, all references in said subdivision to the date four months prior to the effective date shall be read as referring to November 1, 1999, and the reference in subdivision to the date immediately preceding the effective date shall be read as referring to February 29, 2000. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to March 1, 2000, any transaction which may not be subject to the additional tax imposed effective on that date. SECTION 3. Section four of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: SECTION 4. Imposition of compensating use tax. Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after March 1, 2000, except as otherwise exempted under this enactment, of any tangible personal property purchased at retail, of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii) if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the real property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, of any of the services described in paragraphs and of subdivision of section two, of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs and of subdivision of section two have been performed, of any telephone answering service described in subdivision of section two and of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 course of business, of any prepaid telephone calling service, and of any gas or electricity described in subdivision of section two of this enactment. For purposes of clause of subdivision of this section, for the period commencing March 1, 2000, and ending November 30, 2007, the tax shall be at the rate of four percent, and on and after December 1, 2007, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale. For purposes of subclause of clause of subdivision of this section, for the period commencing March 1, 2000, and ending November 30, 2007, the tax shall be at the rate of four percent, and on and after December 1, 2007, the tax shall be at the rate of three percent, of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him; provided, however, that if the user uses such an item itself on its own premises (not including making a gift of such tangible personal property), solely in the conduct of the user’s own business operations, and the item retains its characteristic as tangible personal property when so used, the tax shall be at the rate, and on the consideration, described in subdivision of this section. For purposes of subclause (ii) of clause of subdivision of this section, for the period commencing March 1, 2000, and ending November 30, 2007, the tax shall be at the rate of four percent, and on and after December 1, 2007, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision of section one. Notwithstanding the foregoing provisions of this section, for purposes of clause of subdivision of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. For purposes of clauses and of subdivision of this section, for the period commencing March 1, 2000, and ending November 30, 2007, the tax shall be at the rate of four percent, and on and after December 1, 2007, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision of section one. For purposes of clause of subdivision of this section, for the period commencing March 1, 2000, and ending November 30, 2007, the tax shall be at the rate of four percent, and on and after December 1, 2007, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause by its author or other creator shall not be deemed a taxable use by such person. For purposes of clause of subdivision of this section, for the period commencing March 1, 2000, and ending November 30, 2007, the tax shall be at the rate of four percent, and on and after December 1, 2007, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the service and also including any charges for shipping and delivery of the property so transferred as such charges are described in paragraph three of subdivision of section one; provided that, if the user offers like services ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 for sale in the regular course of business, the tax shall be at the rate of three percent of the price at which the user offers such like services for sale. For purposes of clause of subdivision of this section, for the period commencing June 1, 2000, and ending November 30, 2007, the tax shall be at the rate of four percent, and on and after December 1, 2007, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for, or for the use of, the gas or electricity, including the consideration for any tangible personal property transferred in conjunction with the performance thereof, and including any charges described in paragraph three of subdivision of section one of this enactment. SECTION 4. Subdivision of section six of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: Exemption of certain energy sources and related services from additional one percent rate of tax. Notwithstanding any inconsistent provision of this resolution, receipts from the retail sale or use of fuel oil and coal used for residential purposes; the receipts from the retail sale or use of wood used for residential heating purposes; and the receipts from every sale, other than for resale, or use of propane (except when sold in containers of less than one hundred pounds), natural gas, electricity, steam and gas, electric and steam services used for residential purposes shall be exempt from the additional one percent rate of sales and compensating use taxes imposed by sections 2 and 4, respectively, of this resolution for the period commencing March 1, 2000, and ending November 30, 2007. SECTION 5. Paragraph of subdivision of section 11 of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: With respect to the additional tax of one percent imposed for the period beginning March 1, 2000, and ending November 30, 2007, in respect to the use of property used by the purchaser in this County prior to March 1, 2000. SECTION 6. Subdivision of section fourteen of Resolution No. 140 as enacted in November 27, 1967, as amended, is added to read as follows: Net collections attributable to the additional one percent rate of sales and compensating use taxes imposed for the period beginning March 1, 2000, and ending November 30, 2007, are set aside for County purposes and shall be available for any County purpose. SECTION 7. This enactment shall take effect on December 1, 2005. Vote: Passed 8-0. RESOLUTION NO. 314 Motion by Bingell, Second by Larison. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE PURCHASING SPECIALIST – TREASURER’S OFFICE BE IT RESOLVED, that this Legislature acknowledge the appointment by Margaret Starbuck, County Treasurer, of Jamee L. Mack as Purchasing Specialist, effective September 19, 2005, to be placed in Grade D of the Management/Confidential Salary Plan at an annual salary of $34,000. Vote: Passed 8-0. RESOLUTION NO. 315 Motion by Larison, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS FOR BUILDING REPAIRS - COMMUNITY SERVICES BOARD WHEREAS, Resolution 482-98 established a Community Services Board reserve account to cover expenses related to major projects and repairs at the Mill Creek Center building, and WHEREAS, major repairs have recently taken place at the Mill Creek Center building involving replacement of a compressor and repairs to the cooling system, and WHEREAS, the bills for these repairs should be paid from the community Services Board reserve account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $4,804.00 from the community Services Board reserve account into account no. 4310.426-Maintenance of Equipment for repairs at the Mill Creek Center building. Vote: Passed 8-0. RESOLUTION NO. 316 Motion by Larison, Second by Bleiler. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RE: ADOPT EMPLOYEE PARKING DIRECTIVE – COUNTY ADMINSTRATOR WHEREAS, the Schuyler County Administrator has issued parking directive for employee parking at the county complex lot, and WHEREAS, the Legislature wishes to reinforce the Administrator’s authority in this regard. NOW, THEREFORE, BE IT RESOLVED, that in accordance with County Law §215, the Schuyler County Legislature hereby adopts, endorses, and further enacts the parking directive promulgated by the Schuyler County Administrator in a memo dated August 31, 2005, effective September 6, 2005, in the form hereunto annexed, and BE IT FURTHER RESOLVED, that said memo be and hereby is incorporated by reference into this resolution as follows: “effective September 6th, the following changes will take effect:  No County employee will be permitted to occupy a parking space designated Visitor with either their personal vehicle or a County owned vehicle. This parking restriction applies to parking areas that are associated with an employee’s assigned place of work, during such time that the employee is working.” DISCUSSION: Legislative Larison said his sympathies are with the employees and their concerns. Legislator Bingell was concerned about walking from the State Park lot could cause a hardship for some employees. She said she also questioned whether Administrator O'Hearn should have issued the directive without discussing the matter with the labor bargaining units representing county workers. Vote: Passed 7-1. Bingell. RESOLUTION NO. 317 Motion by Larison, Second by Bingell. RE: APPOINTMENT – SCHUYLER COUNTY COUNCIL OF GOVERNMENTS WHEREAS, the Chairman of the Legislature wishes to appoint Legislator Dennis A. Fagan to the Schuyler County Council of Governments. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves of the Chairman’s appointment of Legislator Dennis A. Fagan to the above named council as an at-large member of the Schuyler County Legislature effective immediately. Vote: Passed 8-0. RESOLUTION NO. 318 Motion by Slusser , Second by Yuhasz. RE: MOTION TO BRING ONE RESOLUTION TO THE FLOOR BE IT RESOLVED, that one Resolution be brought the floor. Vote: Passed 8-0. RESOLUTION NO. 319 Motion by Larison, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION WITH STATE EMERGENCY MANAGEMENT OFFICE WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for assistance under the Federal Emergency Planning and Community Right to Know Act for 2005-2006 (FFY05) and WHEREAS, this grant provides matching funds for certain personnel and administrative expenses associated with our local emergency management program, and WHEREAS, the tentative FFY05 allocation for Schuyler County under this planning program is $2,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the aforementioned grant funds with the State Emergency Management Office, said documents subject to approval by the Schuyler County Attorney. Vote: Passed 8-0. NEW BUSINESS: Legislator Karius reminded everyone to go out and vote at the upcoming Primary Election. Legislator Bleiler wanted to discuss an Office of the Aging relocation project idea, and the possibility of using the OFA building for a location for Records Management, rather than in a pole barn, if OFA was relocated. He also wanted to know if a plan could be created for the Jamesway building for the integration of Records Management. Legislator Slusser asked where OFA is going? Legislator Bleiler said he does not know ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 yet, it was just an idea. Legislator Fagan stated that there are safety concern in both places. Chairman Gifford stated there is a meeting tomorrow and it can be discussed at that time. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison reported on the Public Safety/Criminal Justice Committee. He informed the public and legislators that he recently attended an Inter-County Meeting in Steuben County and was invited to tour their 911 center. He is now going to tour Schuyler’s 911 Center. He invited everyone next Tuesday after the committee meeting to join the tour if they have not seen the 911 Center in Schuyler yet. Administrator O’Hearn reported on the HAVA meeting, which is set up for Schuyler’s public to attend. They hope to review voting machines next Thursday. The time is to be determined. All public is invited, especially people with disabilities. He attended a meeting in Chemung County and was told the State’s plan will secure them, but budget considerations are a factor yet. Hopefully, there will be more information coming on this soon. He also reported on the NYSAC Meeting in Albany that he attended today in reference to tobacco funding. He is waiting to hear the dollar amounts to be designated to Schuyler. This will be related to Bond notes. It may significantly increase revenues for Schuyler, but will go towards paying down debt with the money. It will be more than anticipated and the committee will need to move forward with structuring. There are several important upcoming deadlines in order to move on this. This will be in excess of a million dollars and hopefully by tomorrow he should know the dollar amount that the County will be receiving. Legislator Slusser asked if the county is eligible to receive the funds. Administrator O’Hearn said yes. Attorney Coleman said it is looking better and better, in regards to the amount. Administrator O’Hearn explained that the longer the period is extended, the better the revenue will be. All surrounding area Counties in the fourth round are higher than anticipated and their funds are ear marked for a capital commitment that goes out as far as twenty years. MOTION by Legislator Bleiler to move forward with the structuring of the Tobacco Funds, SECOND by Legislator Larison. Motion carried eight ayes to zero noes. COUNTY ADMINISTRATOR’S REPORT: Nothing else significant to report. PUBLIC PARTICIPATION: Kathy Walruth, Schuyler County Records Manager, commented on the suggestion of moving her office to the Office of the Aging building. She disagrees with the idea. She invited all Legislatures to visit her storage areas. She stated that the Office of the Aging building floor will not hold the weight of the heavy records either. Sue Brill welcomed Sharlene Parker as the new Deputy County Clerk of the Legislature. Donna Kelly, a Village of Montour Falls trustee, wanted to say thank you to Administrator O’Hearn for sending the Hurricane Katrina relief notice out to employees. She informed the public and legislators that everyone is welcome to join in donations to fill a fifty-three foot trailer with relief items. They have two volunteer drivers taking vacation time to drive this truck down south. They will need money for feeding the drivers and getting fuel for the truck, so making monetary donations is okay also. The Clerk of the Legislature inquired about the donation of clothing. Donna said personal care items and sanitation products such as hand sanitizing liquid, etc. are more important at this time. Also, there is a list of suggested items available and a phone number for contacting her for more information. The Meeting adjourned at 7:13 p.m. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk REGULAR MEETING OCTOBER 11, 2005 The October 11, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator Timothy O’Hearn, were also present. PUBLIC PARTICIPATION: None. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RESOLUTION NO. 320 Motion by Bingell, Second by Larison. RE: APPROVE MINUTES OF THE SEPTEMBER 12, 2005 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the August 8, 2005 Regular Meeting of the Schuyler County Legislature be approved. Vote: Passed 8-0. RESOLUTION NO. 321 Motion by Yuhasz, Second by Bingell. RE: RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FROM THE HOUSEHOLD HAZARDOUS WASTE (HHW) STATE ASSISTANCE PROGRAM AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE WHEREAS, the State of New York provides financial aid for household hazardous waste programs, and WHEREAS, the Schuyler County Legislature herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file and application under theses laws, and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid. NOW, THEREFORE, BE IT RESOLVED, by the Schuyler County Legislature: 1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understandings and assurances contained in said application is hereby authorized. 2. That the Chairman if the Legislature is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE; 3. That the MUNICIPALITY agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs. 4. That five Certified Copies of this Resolution be prepared and sent to the New York Sate Department of the Environmental Conservation, Albany, New York 12233-7253, together with ONE complete application. 5. That this resolution shall take effect immediately. Vote: Passed 8-0. RESOLUTION NO. 322 Motion by Yuhasz, Second by Bingell. RE: RECOGNIZE NOVEMBER 2005 AS NATIONAL DIABETES MONTH - PUBLIC HEALTH WHEREAS, more than 18 million Americans have diabetes and another 41 million Americans are at risk of developing diabetes, and WHEREAS, the key to early diagnosis and treatment, as well as prevention of diabetes and its complications, is awareness and education, and WHEREAS, diabetes is the fifth-leading cause of death by disease in the United States, and WHEREAS, the of diabetes include frequent urination, excessive thirst, extreme hunger, unusual weight loss, increased fatigue, irritability and blurry vision. NOW, THEREFORE, BE IT RESOLVED, that this Legislature recognizes November 2005 as National Diabetes Month and encourages all residents to be aware of the of diabetes. Vote: Passed 8-0. RESOLUTION NO. 323 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT WITH DENISE ROSS, DVM FOR VETERINARY SERVICES FOR 2005 – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide rabies vaccination clinics and staff such clinics with qualified personnel, and WHEREAS, Dr. Denise Ross is an established veterinarian qualified to provide services at the vaccination clinics. NOW, THEREFORE BE IT RESOLVED, that the Chair of the Legislature be hereby authorized to ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 execute an agreement with Dr. Denise Ross for the provision of veterinary services at the rabies vaccination clinics for the period August 1, 2005 through December 31, 2005, at the hourly rate of $25.00, such amount provided for in the 2005 Public Health budget, account no. 4042.435, subject to approval by the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 324 Motion by Yuhasz, Second by Bingell. RE: ESTABLISH 2005-2006 EARLY INTERVENTION / CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT – PUBLIC HEALTH WHEREAS, Schuyler County’s annual Early Intervention / Children with Special Health Care Needs grant will be $46,678 for the period October 1, 2005 through September 30, 2006. NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2005-2006 Early Intervention/Children with Special Health Care Needs Grant Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION $ 24,156 4010.100-4012 PERSONNEL $ 8,358 4010.489-4012 FRINGE BENEFITS $ 9,164 4010.400-4012 CONTRACTUAL $ 5,000 4010.446-4012 MAINTENANCE IN LIEU OF RENT $ 46,678 4010-4451-4012 REVENUE, and BE IT FURTHER RESOLVED, that the Chair of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 325 Motion by Yuhasz, Second by Bingell. RE: RENEW AGREEMENT WITH HEALTH RESEARCH INC. AND ESTABLISH 2005-2006 BIOTERRORISM GRANT – PUBLIC HEALTH WHEREAS, Schuyler County’s annual Bioterrorism grant will be $75,000 for the period August 31, 2005 through August 30, 2006, and WHEREAS, Health Research Inc. will administer the grant on behalf of the New York State Dept. of Health for the period August 31, 2005 through August 30, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2005-2006 Bioterrorism Grant Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION $ 4,031 4010.100-4030 PERSONNEL $ 1,399 4010.489-4030 FRINGE BENEFITS $ 16,000 4010.200-4030 EQUIPMENT $ 53,570 4010.400-4030 CONTRACTUAL $ 75,000 4010-4401-4030 REVENUE, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 326 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY YOUTH BUREAU FOR THE EARLY INTERVENTION PROGRAM – PUBLIC HEALTH WHEREAS, the Schuyler County Health Department is responsible for the Early Intervention Program, and WHEREAS, the Schuyler County Health Department receives funding from the New York State Department of Health for the administration of this program, and WHEREAS, the Schuyler County Youth Bureau, through its Families First program, has agreed to provide some of the administrative services and coordination. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the Schuyler County Youth Bureau, effective October 1, 2005 through September ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 30, 2006, at an amount not to exceed $7,500, funds available in the Public Health budget, account no. 4010.400- 4012, with no local share cost, subject to approval by the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 327 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH ARNOT OGDEN MEDICAL CENTER FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention services for children, and WHEREAS, Arnot Ogden Medical Center is approved as a provider of core and supplemental evaluation services and facility-based individual/collateral services for Early Intervention recipients, and WHEREAS, rates paid for Early Intervention services provided under this agreement are set by the New York State Department of Health and are not subject to negotiation. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter in to an agreement with Arnot Ogden Medical Center for Early Intervention services, effective October 1, 2005 at rates established by the New York State Department of Health, funds available in the Public Health budget, account no. 4054.490, subject to the approval of the County Attorney. Vote: Passed 8-0. RESOLUTION NO. 328 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH SKYCASTERS INC. FOR SATELLITE INTERNET SERVICE FOR 2005 - 2006 - PUBLIC HEALTH WHEREAS, the New York State Department of Health requires, as part of the local bioterrorism preparedness plan, that the local Public Health Departments have in place a secondary source of internet access to be used in the case of emergencies where the primary source of internet access is interrupted, and WHEREAS, in the past the New York State Department of Health has provided the secondary internet access but has transferred the responsibility to the local Health Departments effective September 1, 2005, and WHEREAS, Skycasters, Inc. has been the provider of the secondary internet access for Schuyler County under its contract with the New York State Department of Health. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter in to an agreement with Skycasters, Inc. for satellite internet service, at an annual cost not to exceed $3,500, funds available in the 2005-06 Bioterrorism grant budget, account no. 4010.400-4030, with no local share cost, for the term September 1, 2005 through August 31, 2006, subject to the approval of the County Attorney. Vote: Passed 8-0. RESOLUTION NO. 329 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH HUMAN SERVICE DEVELOPMENT FOR EMERGENCY (BIOTERRORISM) PLANNING – PUBLIC HEALTH WHEREAS, bioterrorism planning continues to be required by the New York State Department of Health, and WHEREAS, Human Service Development is able to provide emergency planning services in conjunction with Department of Health requirements. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Human Service Development for the provision of emergency planning coordination services at an amount not to exceed $27,500, effective September 1, 2005 through August 31, 2006, funds available in the Public Health Bioterrorism Grant budget, account no. 4010.400-4030, with no local share cost, subject to approval by the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 330 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE APPLICATION TO THE NEW YORK STATE OFFICE OF HOMELAND SECURITY FOR BUFFER ZONE PROTECTION PROGRAM – SHERIFF’S DEPARTMENT WHEREAS, it has been determined by the Sheriff of Schuyler County and other state law enforcement officials that the Watkins Glen International Racetrack is the largest sporting event in the State of New York, ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 and WHEREAS, it is necessary to have extra security measures in place at the racetrack, and WHEREAS, a grant of $37,675, with no local match, has been made available to the Schuyler County Sheriff’s Department for a buffer zone protection area outside of the racetrack for equipment and supplies for additional protection. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is authorized to sign an application and contract to receive $37,675 in funds, with a term of April 1, 2005 through March 31, 2006, subject to approval by the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 331 Motion by Yuhasz, Second by Bingell. RE: AMEND RESOLUTION NO. 59-04 TITLED “AUTHORIZE FILLING VACANT CRIME VICTIM SERVICES COORDINATOR POSITION IN THE DISTRICT ATTORNEY’S OFFICE”/AUTHORIZE CHANGE IN HOURS FOR CRIME VICTIM SERVICES COORDINATOR POSITION – DISTRICT ATTORNEY’S OFFICE WHEREAS, Resolution No. 59-04 authorized filling the vacant Crime Victim Services Coordinator position funded by the New York State Crime Victims Board grant until September 30, 2004, and WHEREAS, the Resolution should have said it is understood that said position will terminate upon cessation of grant funding, and WHEREAS, said grant now also requires the position to work 20 hours a week instead of 19 hours a week. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 59-04 be hereby amended to have the last paragraph read as follows: “NOW, THEREFORE, BE IT RESOLVED, the District Attorney be authorized to fill the vacant Crime Victim Services Coordinator position to work 19 hours a week, effective February 2, 2004 in grade level XXI, at an hourly rate of $14.71, said position will terminate upon cessation of grant funding.”, and BE IT FURTHER RESOLVED, that this Legislature hereby authorizes an increase in the hours worked by the Crime Victim Services Coordinator position from 19 hours a week to 20 hours a week, effective October 12, 2005. Vote: Passed 8-0. RESOLUTION NO. 332 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE APPLICATION FOR 2005/2006 STEPS/ROAD TO RECOVERY GRANT – DISTRICT ATTORNEY WHEREAS, the New York State Division of Criminal Justice Services has grant funding available for the purpose of assisting the Schuyler County District Attorney’s Office in rehabilitating certain second felony offenders as an alternative to incarceration, and WHEREAS, the Schuyler County District Attorney’s Office may look at the possibility of filing a joint application with another County. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2005/2006 Steps/Road to Recovery Grant, for a maximum amount of $203,000, said documents subject to approval of the Schuyler County Attorney and Schuyler County Administrator’s review. Vote: Passed 8-0. RESOLUTION NO. 333 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR A MOBILE COMMAND/911 TRAILER – EMERGENCY MANAGEMENT WHEREAS, the Office of Emergency Management is in receipt of Expedited Deployment Funding in the amount of $163,000 through the New York State 911 Board which allows for the purchase of a Mobile Command/911 Trailer, and WHEREAS, in accordance with Section 103 of the General Municipal Law, all purchase contracts involving an expenditure of more than $10,000 shall be awarded to the lowest responsible bidder after ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 advertising for sealed bids in the manner provided by this section. (Bid specs and advertising will be reviewed by the County Attorney’s Office and County Administrator prior to publication.) NOW, THEREFORE, BE IT RESOLVED, that the Emergency Management Coordinator be hereby authorized to advertise for bids for a Mobile Command/911 Trailer. Vote: Passed 8-0. RESOLUTION NO. 334 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE A MOBILE COMMAND/911 TRAILER – EMERGENCY MANAGEMENT WHEREAS, Resolution No. 492-04 authorized a grant application for Expedited Deployment Funding through the New York State 911 Board, and WHEREAS, Schuyler County applied for and has received a grant in the amount of $163,000, of which the County’s match is 10%, and WHEREAS, funds are available in the 911 reserve account to be used for the County’s portion of said project. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $16,300 from the E-911 Reserve account A883 to account no. 3020.299-3021-Equipment (Trailer), to meet the 10% match requirement. Vote: Passed 8-0. RESOLUTION NO. 335 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE APPLICATION FOR REIMBURSEMENT OF ELIGIBLE COSTS ASSOCIATED WITH WIRELESS 911 SERVICES – EMERGENCY MANAGEMENT WHEREAS, the Department of State has determined counties money for the Wireless 911 Program, and eligible reimbursement for Schuyler County is in the amount of $11,397.00 for State Fiscal Years 2005-2006 budget for costs incurred between April 1, 2005 through March 31, 2008 and WHEREAS, the Emergency Management Office wishes to apply for said funds. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the Wireless E-911 Program; subject to the approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 336 Motion by Yuhasz, Second by Bingell. RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, PROVIDING EXEMPTIONS FROM SALES AND COMPENSATING USE TAXES FOR RECEIPTS FROM SALES OF, AND CONSIDERATION GIVEN OR CONTRACTED TO BE GIVEN FOR, OR FOR THE USE OF, PROPERTY AND SERVICES EXEMPT FROM STATE SALES AND COMPENSATING USE TAXES PURSUANT TO SUBDIVISION (EE) OF SECTION 1115 OF THE NEW YORK TAX LAW, PURSUANT TO THE AUTHORITY OF ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK Be it enacted by the Legislature of the county of Schuyler, as follows: SECTION 1. Section six of Resolution No. 140, of November 27, 1967, as amended, is amended by adding a new subdivision to read as follows: Receipts from sales of and consideration given or contracted to be given for, or for the use of, property and services exempt from state sales and compensating use taxes pursuant to subdivision (ee) of section 1115 of the New York Tax Law shall also be exempt from sales and compensating use taxes imposed in this jurisdiction. SECTION 2. This resolution shall take effect March 1, 2006, and shall apply to sales made, services rendered and uses occurring on and after that date in accordance with the applicable transitional provisions in sections 1106, 1216 and 1217 of the New York Tax Law. Vote: Passed 8-0. RESOLUTION NO. 337 Motion by Yuhasz, Second by Bingell. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RE: AUTHORIZE THE ESTABLISHED INTERNAL REVENUE SERVICE (IRS) PREVAILING RATE FOR MILEAGE TO BE PAID TO ALL VOLUNTEERS PROVIDING TRANSPORTATION ON BEHALF OF COUNTY DEPARTMENTS WHEREAS, with respect to the high price of fuel, the Management & Finance Committee members recommend all volunteers providing transportation on behalf of County Departments be paid a higher mileage rate reimbursement. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes all volunteers providing transportation on behalf of County Departments, to be paid the established IRS prevailing rate for mileage effective immediately through December 31, 2005. Vote: Passed 8-0. RESOLUTION NO. 338 Motion by Yuhasz, Second by Bingell. RE: RESOLUTION AUTHORIZING APPLICATION FOR A REAL PROPERTY TAX ADMINISTRATION TECHNOLOGY IMPROVEMENT GRANT – REAL PROPERTY WHEREAS, the New York State Office of Real Property Services has announced the availability of Real Property Tax Administration Technology Improvement Program (RPTATIP) grants for projects to implement technology and other projects that improve property tax administration and taxpayer access to assessment-related data, and WHEREAS, the application period will extend from October through December of this year, and WHEREAS, up to 100 grants are expected to be made in the first year of the RPTATIP program, with the following maximum amounts of individual grants for local projects:  $30,000 for projects to provide taxpayers with internet access to assessments, comparable sales, parcel characteristics and other related information;  $110,000 for multi-purpose online parcel-related applications that promote the integration and use of parcel data among multiple levels of government;  $200,000 for feasibility/pilot studies to assess the viability of projects to advance assessment equity and/or promote the intergovernmental use of parcel data; and  $400,000 for implementation projects based on the findings of the feasibility/pilot studies noted above. NOW, THEREFORE, BE IT RESOLVED, that the Director of the Real Property Tax Service Agency is hereby authorized to apply for a RPTATIP grant to develop an online application promoting the integration and use of parcel data among multiple levels of government, as well as providing taxpayer access to real property information over the internet. Vote: Passed 8-0. RESOLUTION NO. 339 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE MAINTENANCE AGREEMENT RENEWAL WITH EMERGENCY POWER SYSTEMS, INC. – BUILDINGS AND GROUNDS WHEREAS, Schuyler County has three generators, one at Terry Hill, one at the Dispatch Center and one at the County Highway Department and this equipment needs to be maintained for the safety of the citizens of the county, and WHEREAS, funding for the generator maintenance is as follows: ACCOUNT NO. DESCRIPTION AMOUNT 5131.457 Shared Fuel Facility $510.00 3689.435 Terry Hill Tower $510.00 1620.400 911 Center $575.00 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a maintenance agreement with Emergency Powers Systems, Inc. to provide maintenance and service for three generators, for the period of January 1, 2006 to December 31, 2006, at a total cost of $1,595.00; subject to approval of the Schuyler County Attorney and the review of the County Administrator. Vote: Passed 8-0. RESOLUTION NO. 340 Motion by Yuhasz, Second by Bingell. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RE: AUTHORIZE MAINTENANCE AGREEMENT RENEWAL WITH BOUILLE ELECTRIC INC. – BUILDINGS AND GROUNDS WHEREAS, Schuyler County has an uninterrupted power source (UPS), which includes generators that need to be maintained to provide 24/7 emergency communications, and WHEREAS, funding for the testing and maintenance of UPS and generator systems is as follows: ACCOUNT NO. DESCRIPTION AMOUNT 1620.400 911 Center Generator $482.00 5131.457 Highway Generator $482.00 3689.435 Terry Hill Generator $482.00 3689.435 911 Center UPS $1696.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a maintenance agreement with Bouille Electric, Inc. to provide maintenance and service for the period of January 1, 2006 to December 31, 2006 at a total cost of $3,142.00; subject to the approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 341 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH ALL-MODE COMMUNICATIONS FOR TELEPHONE SYSTEM MAINTENANCE AND SERVICE – BUILDINGS AND GROUNDS WHEREAS, it is important to protect the telephone system investment with appropriate service and maintenance, and All-Mode Communications provides technical support and warranty replacement guarantees for Schuyler Counties telephone systems, and All-Mode has provided this service in the past, and WHEREAS, an additional contract has been added to cover the Equipment at the Rural Urban Center, and WHEREAS, the cost of these services is as follows: LOCATION SERVICE AND SUPPORT PLAN BUSINESS DAY – RATE County Office Complex Premium Economy $656.50 Rural Urban Center (Youth Bureau, Families First, and Watershed) Service and Support Plan $59.00 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a renewal contract with All Mode Communications for to provide service and support for the county telephone system for the period of January 1, 2006 through December 31, 2006, at a total cost of $8,586.00, funding available in account no. 1610.400; subject to approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 342 Motion by Yuhasz, Second by Bingell. RE: AMEND RESOLUTION NO. 27-05 TITLED “SET POLICY FOR FACILITIES AND GROUNDS CAPITAL RESERVE” – BUILDINGS AND GROUNDS WHEREAS, the Building Maintenance Supervisor has capital projects to be funded by the 2006 capital reserve account, and WHEREAS, Resolution No. 27-05 established and set the policy for the Facilities and Grounds Capital Reserve with a Facilities Capital Plan specifically naming projects to be funded from the reserve each year, and WHEREAS, naming specific projects prohibits other projects from being funded if there were to be an emergency or a higher priority. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 27-05 be amended to remove the list of projects by year with estimated costs from the Facilities Capital Plan. Vote: Passed 8-0. RESOLUTION NO. 343 Motion by Yuhasz, Second by Bingell. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RE: AUTHORIZE AGREEMENT WITH NYSEG AT THE GREENIDGE, POWER PLANT IN DRESDEN FOR BOTTOM ASH/CINDERS- HIGHWAY WHEREAS, the Highway Superintendent and the Public Works Committee have agreed there is a need for the Highway Department to purchase Bottom Ash/Cinders and WHEREAS, AES Greenidge, LLC requires a signed agreement before any municipality can enter the power plant in Dresden to load the bottom ash. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with AES Greenidge, LLC for the Highway Department to purchase approximately 1,500 tons of bottom ash from the NYSEG power station at $1.50 per ton if municipality load, or $2.50 per ton if AES loads, for the period September 19, 2005 through September 18, 2006; subject to approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 344 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR ENGINEERING SERVICES FOR COUNTY ROUTE 8 INTERSECTION – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need to determine if the sight distance could be improved at the intersection of Church Street and along CR 08, and WHEREAS, Hunt Engineering has proposed engineering services for this evaluation. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature accepts the proposal price, not to exceed $11,300, to determine what improvements could be made to the intersection and the extent of these improvement by preparing a preliminary design and estimating the cost of these improvements for a construction budget, funds available in the 2005 County Road budget account no. 5020.400, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to retain Hunt Engineers for these engineering services. Contract subject to the approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 345 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR COUNTY ROUTE 14 BRIDGE REPAIR – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for engineering services for the repair of the bridge carrying CR 14 over Hooker Creek, and WHEREAS, Hunt Engineering has proposed engineering services for the needed repair. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature accepts the proposal price not to exceed $14,000, for the repair of the CR 14 Bridge over Hooker Creek, funds available in the 2005 County Road budget account no. 5020.400, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to retain Hunt Engineers for these engineering services. Contract subject to the approval of the Schuyler County Attorney. Vote: Passed 8-0. RESOLUTION NO. 346 Motion by Yuhasz, Second by Bingell. RE: AMEND THE 2005 MACHINERY FUND BUDGET – HIGHWAY WHEREAS, the continued high price for gasoline and diesel fuel has depleted the Shared Fuel Facility account, and WHEREAS, the cost of the fuel is passed on to all users. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2005 Machinery Fund as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$80,000.00 5131.526 Fuel +$80,000.00 0003-2300 Services Vote: Passed 8-0. RESOLUTION NO. 347 Motion by Yuhasz, Second by Bingell. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RE: DESIGNATE THE SCHUYLER COUNTY AGRICULTURE AND FARMLAND PROTECTION BOARD AS LEAD AGENCY FOR SEQR REVIEW OF THE AGRICULTURAL DISTRICTS WHEREAS, in accordance with New York State Agricultural Law, Article 25AA, sec. 303(b), Schuyler County has established an annual enrollment period for landowners to petition the County to include their land in one of the three Schuyler County Agricultural Districts, and WHEREAS, during the 2005 enrollment period the County received requests to add 13 parcels to the districts, and WHEREAS, the county must complete a New York State Environmental Quality Review (SEQR) to comply with the requirements of New York State Agricultural Law, Article 25AA, sec. 303(b). NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Agriculture and Farmland Protection Board shall serve as the lead agency in completing the SEQR associated with undertaking this action. Vote: Passed 8-0. RESOLUTION NO. 348 Motion by Yuhasz, Second by Bingell. RE: ACCEPT/REJECT 2005 TAX AUCTION BIDS WHEREAS, the Schuyler County Treasurer is now holding tax deeds on certain properties which are three or more years delinquent in tax payments, and WHEREAS, the Schuyler County Legislature had contracted for the auction sale of these properties and such sale was conducted on October 8, 2005. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts, the following bids to wit: BIDDER'S NAME: George V. Eddy & Leonard N. Tostanoski BIDDER'S ADDRESS: 3863 Pine Hill Rd. Corning, NY 14830 AMOUNT OF BID: $9,700.00 FORMER OWNER: Christopher M. & Barbara L. Evans TAX MAP 88.13-1-75 PARCEL ID NUMBER: 101-0106-00 LOCATION: 217 Main Street Odessa, NY 14869 BIDDER'S NAME: Michael Coppola BIDDER'S ADDRESS: 1251 Penny Ave. Pine City, NY 14871 AMOUNT OF BID: $7,600.00 FORMER OWNER: Trans Allied Corporation TAX MAP 44.19-1-12 PARCEL ID NUMBER: 402-9024-00 LOCATION: Commercial Property at 3817 Main Street Burdett, NY 14818 BIDDER'S NAME: Robert D. Sample BIDDER'S ADDRESS: 108 Mulberry Street Montour Falls, NY 14865 AMOUNT OF BID: $12,200.00 FORMER OWNER: Donald W. Bruman TAX MAP 86.7-3-48 PARCEL ID NUMBER: 501-0823-00 LOCATION: 231 Owego Street Montour Falls, NY 14865 BIDDER'S NAME: Brian S. Bedient ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 BIDDER'S ADDRESS: 1205 County Route 23 Watkins Glen, NY 14891 AMOUNT OF BID: $8,600.00 FORMER OWNER: Thomas Elias & Ernest Goltry TAX MAP 50.00-1-16 PARCEL ID NUMBER: 801-2221-01 LOCATION: Vacant land on County Route 23 Watkins Glen, NY 14891 BIDDER'S NAME: Michael Coppola BIDDER'S ADDRESS: 1251 Penna Avenue Pine City, NY 14871 AMOUNT OF BID: $3,200.00 FORMER OWNER: Alan M. Hurley TAX MAP 50.05-1-38 PARCEL ID NUMBER: 801-2044-00 LOCATION: Commercial Property at 774 County Route 23 Tyrone, NY BIDDER'S NAME: Frederick T. Schmidt BIDDER'S ADDRESS: 30 Gasoline Avenue Carlise, PA 17013 AMOUNT OF BID: $96,000.00 FORMER OWNER: Paul J. Rogalli TAX MAP 71-1-56 PARCEL ID NUMBER: 601-0207-00 LOCATION: Woodland at Hawley Road Town of Orange, and BE IT FURTHER RESOLVED, the Schuyler County Attorney is directed to prepare appropriate deeds and documents pertinent to such conveyance within thirty days of this authorization, and BE IT FURTHER RESOLVED, the Chairman of the Schuyler County Legislature is authorized to execute such deeds and attending documents and the Schuyler County Treasurer is authorized to deliver such deeds and attending documents upon full payment of the bid purchase price balance to the County of Schuyler. Vote: Passed 8-0. RESOLUTION NO. 349 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT WITH HEALTH ECONOMIC GROUP, INC. FOR ADMINISTRATIVE SERVICES RELATIVE TO THE MEDICARE MODERNIZATION ACT – HUMAN RESOURCES WHEREAS, the Medicare Modernization Act (Medicare Part D) imposes new requirements on employers and other plan sponsors that provide prescription drug coverage to individuals who are Medicare- eligible, and WHEREAS, employers that contribute a certain amount to retiree drug costs and have a certifiable plan are eligible to receive a subsidy which shall directly reduce these costs, and WHEREAS, Schuyler County’s drug plan qualifies as creditable coverage for purposes of applying for the subsidy, and WHEREAS, Excellus Blue Cross/Blue Shield is unable to make application for the subsidy on behalf of Schuyler County, therefore the County must apply for the subsidy directly, and WHEREAS, it is the recommendation of the County Administrator and Human Resources Director that the County enlist the services of a third party administrator to provide:  Application for Plan Sponsor Subsidy o Analyze Plan Data ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 o Initial Data Submission o Actuarial Attestation o Submit Eligibility File o Prepare Final Submission for Plan Sponsor o Provide Employee/Retiree Notification Materials  Interim Data Submission o Update Eligibility File o Submit Drug Cost Data or Quarterly o Prepare Summary Payment Requests o Estimate Applicable Cost Adjustments o Respond to RDS Notifications o Verify Payments  End-of-Year Reconciliation o Review Data Provided by Carrier o Verify Submission NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Health Economics Group, Inc. for administrative services relative to the Medicare Modernization Act (Medicare Part D) for the term October 12, 2005 to December 31, 2006 at a cost of $2,000 for Application and Reconciliation Services, $5 per month per subsidy/eligible individual for Interim Data Submission services; contract subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to transfer $3,000 from account no. 9060.807-Health and Medical Insurance into account no. 9060.810-Medicare Part Vote: Passed 8-0. RESOLUTION NO. 350 Motion by Yuhasz, Second by Bingell. RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2006 WHEREAS, a public hearing in respect to the 2006 County Budget is required pursuant to County Law Section 359. NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2006 County Budget be held in the Court Room on the second floor of the Court House, 105 Ninth Street, Watkins Glen, NY on November 21, 2005 at 6:30 p.m. any may be followed by a Special Meeting of the Legislature to adopt the 2006 Budget, and BE IT FURTHER RESOLVED, pursuant to County Law Section 152 that this resolution shall not be effective unless approved by the affirmative vote of at least three-fourths of the total membership of the County Legislature, and BE IT FURTHER RESOLVED, upon approval of this resolution, the Clerk of the Legislature shall give appropriate public notice of said hearing, provide at least one hundred copies of the tentative budget, and otherwise comply with the requirements of County Law Section 359. Vote: Passed 8-0. RESOLUTION NO. 351 Motion by Yuhasz, Second by Bingell. RE ESTABLISH REIMBURSEMENT RATES FOR COUNTY ELECTION INSPECTORS WHEREAS, the New York State Legislature has amended the Election Law enacting the Election Consolidation and Improvement Act of 2005, and WHEREAS, said act requires Counties to establish reimbursement rates for elections inspectors, to become effective in the year 2006. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes all election inspectors working for the County, to be paid the rate of $100.00 for a primary election, $150.00 for a general election, and $25 for each mandated training session, effective January 1, 2006. Vote: Passed 8-0. NEW BUSINESS: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 Legislature Bingell would like to enter into the minutes a “Thank you” letter that she received from Janice Kron who is a resident on County Route 14 in Odessa. The letter is in regards to the Schuyler County Highway Department and some recent work in front of her property. See the copy of the letter to follow: Date: September 13, 2005, From: Janice E. Kron Ronald S. Shutter Address: 5024 CR 14 Odessa, NY 14869 Dear Schuyler County Highway Dept., We would like to take this opportunity to thank you and every one who works with the Highway Department for the excellent work they did with the area in front of our house. For sometime, the ditch area has washed out and was taking away areas close to the highway and yard. Ronald, my son, spoke with you r department this spring about repairs to the ditch, slews pipes and lawn wash out. Your department committed to correcting the problem this fall and they kept their word. The ditch had become quite deep from the drainage of the hill and field above. We became concerned this past winter when a storm took down lines across the road and we saw cars trying to go by, but there was no shoulder in that area for passage. Some of portions only had about eight inches between the ditch and road. The crew has now added a base of stone to the ditch, cleaned the silt out of all the catch areas from the bills above and, from what we see, corrected a problem that has been on going for many years. Thank you and everyone at the Highway Department for an excellent job. Janice E. Kron Ronald S. Shutter UNFINISHED BUSINESS: Chairman Gifford reported on the potential new Watkins Glen Harbor Hotel project. The project is moving ahead. The Attorneys are involved and everything is a go on the project. The real estate is in the process of being acquired. Legislature Fagan inquired if the Department of Environmental Conservation (DEC) had approved the project. Chairman Gifford responded that everything is moving ahead. He asked County Attorney Coleman if he agreed. Attorney Coleman responded in agreement. REPORT ON STANDING COMMITTEES: None COUNTY ADMINISTRATOR’S REPORT: County Administrator O’Hearn reported on the Tobacco Funds (STASC). There will be a conference call this Friday on October 14, 2005 at 11:40 a.m. This is required for the second phase of cost allocation. O’Hearn indicated that they will answer questions to intended usage of proceeds, which will be for the use of exploring capital improvements. O’Hearn indicated that the Legislatures will be involved with the decision making of how the funds are used. If TASC members are available they can attend the conference call. The phone call is with one of the other Attorneys involved. O’Hearn believes he is a Representative of the Tobacco Bond. Legislature Bleiler indicated that he understood that the conference call was just to find out our intentions of the usage of the tobacco funds. Administrator O’Hearn indicated that other Counties will be conferencing at different times. Administrator O’Hearn also reported that he met with Town Supervisors today and it went very well. He discussed allocations of cost for next year. There was a general agreement of five out of eight towns that were present, with rates that was agreed upon tonight with the Legislature for payment of the Election Inspectors. He indicated that there is still a lot of unknown with the new changes with Board of Elections and there is different info received everyday, such as the cost of machine and reimbursements. He also indicated that the Towns are sensitive to the County position and have agreed upon a 75/25% split. He said they have agreed to pay 25% and county 75%. They felt this should be recommended to the Legislature also. Even though they are not responsible they are willing to pick up the 25%. The County would pay the bills and charge then back to Town. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Legislature Fagan inquired if the State would be getting us all the new information in time for Budget. Administrator O’Hearn responded that he did not know but he will list it as a state expense until it is clear. He also indicated that the preliminary budget is based on estimates and meetings with Board of Elections Commissioner, John Vona and other representatives. He feels that so far, some of the estimates are high, but he will help trim them back if necessary. Legislature Fagan asked if there will be reimbursement of the voting machines. Administrator O’Hearn indicated that there should be reimbursement from the State for the Voting machines. He has seen other emails that there maybe a 5% local cost. The estimates will very from county and vender. He hopes that by November the machines will be certified and get a better idea of the cost. The only certain cost in the budget right now is for personnel. Legislature Bleiler asked Administrator O’Hearn a question about the voting poll locations. He said that in the past the Towns have decided on polling places but if it is found that a place is not HAVA compliant who decides if it is brought up to requirements. He also wanted to know who is responsible to decide if a new location is needed or to bring the current location up to the requirements. Administrator O’Hearn responded with uncertainty and the Clerk of the Legislature read from the law that states the Board of Elections will be empowered to select an alternative polling place. Administrator O’Hearn said the Budget is taking up all of his time. There is a meeting tomorrow morning with the Administrative Council. The County Treasurer’s office is working on it right now. The new formatting of the line item is incredible but we are still working on numbers. PUBLIC PARTICIPATION: None. The Meeting adjourned at 6:50 p.m. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk SPECIAL MEETING NOVEMBER 9, 2005 The November 9, 2005 Special Meeting of the Schuyler County Legislature was called to order at 9:05 a.m. by acting Chairman Karius. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator Timothy O’Hearn, were also present. PUBLIC PARTICIPATION: None RESOLUTION NO. 352 Motion by Larison, Second by Fagan. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) 2. AUTHORIZE RATE RENEWAL WITH BLUE CROSS/BLUESHIELD OF CENTRAL NEW YORK FOR HEALTH INSURANCE FOR THE YEAR 2006 3. AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR 2006 4. AUTHORIZE RATE RENEWAL FOR VISION COVERAGE PREMIUM 5. AUTHORIZE STIPULATION AGREEMENT WITH THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) ADMINISTRATIVE UNIT 6. AUTHORIZE STIPULATION AGREEMENT WITH THE SCHUYLER COUNTY DEPUTY SHERIFFS’ ASSOCIATION Vote: Passed 7-0. RESOLUTION NO. 353 Motion by Bingell, Second by Fagan. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RE: LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 5 OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) BE IT RESOLVED, that Local Law Intro. No. 6/Local Law No. 5 of the year 2005, in the form hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on November 21, 2005 following a Public Hearing on the 2006 Tentative Budget in the Courthouse, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 5 OF THE YEAR 2005 BE IT ENACTED, by the Schuyler County Legislature of the County of Schuyler, New York, as follows: Section 1. By Local Law No. 12-2000, this Legislature authorized an applicant for the designation of an Economic Development Zone relative to certain land within Schuyler County. Section 2. That Local Law No. 1-2001, adopted January 30, 2001, amended Local Law 12-2000. Section 3. That the County of Schuyler has received Economic Development Zone approval from New York State. Section 4. By Local Law No. 1-2003, adopted on February 27, 2003, the Economic Development Zone was expanded. Section 5. By Local Law No. 2-2004, adopted on June 14, 2004, amended Local Law 1-2003. Section 6. It is the desire of this Legislature to authorize an application to revise the Economic Development Zone, now called an Empire Zone, to include 988.109 acres located in Schuyler County. Section 7. The County of Schuyler is hereby authorized to submit an application to revise the Empire Zone to include the property described in Section 7 of this Local Law. Section 8. The boundary of the Empire Zone, as described in Local Law No. 12-2000, Local Law No. 1-2001, and Local Law 1-2003, shall be expanded to include the properties generally described In Appendix A attached: Section 9. The Commissioner of the New York State Department of Economic Development is hereby requested to revise the boundaries of the Empire Zone in accordance with this Local Law. Section 10. In all other respects, Local Law No. 12-2000, Local Law No. 1-2001, Local Law No. 1- 2003, and Local Law No. 2-2004, shall remain in full force and effect. Section 11. This Local Law shall take effect upon filing in the Office of the Secretary of State. Discussion: Legislator Bleiler asked for a clarification on Force Dynamics. Barbara Halpin from SCOPED was present to answer questions and said that it was Schuyler Dynamics. Legislator Fagan, asked if Tompkins county was done. Halpin answered, Yes. Vote: Passed 7-0. RESOLUTION NO. 354 Motion by Bingell, Second by Fagan. RE: AUTHORIZE RATE RENEWAL WITH BLUE CROSS/BLUESHIELD OF CENTRAL NEW YORK FOR HEALTH INSURANCE FOR THE YEAR 2006 – AMENDED BY RESOLUTION NO. 470-05 WHEREAS, as a result of a new bargaining agreement with the Highway Unit CSEA, there is a reduction in the premium rate for 2006 for those particular Plans. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 354-05 be amended to reflect the below rate for the Highway Unit Plans, and BE IT FURTHER RESOLVED, the Chairman of the Legislature be hereby authorized to execute an amended premium rate renewal agreement with Blue Cross/Blue Shield of Central New York for health insurance coverage for said groups for the term of January 1, 2006 through December 31, 2006, subject to the approval of the Schuyler County Attorney: Schuyler County Plans 1440506, 1440507, 1440508, 1440576 Previous: (Hwy. Unit – Rx $2/$10) Amended: (Hwy. Unit - Rx $5/$15/$30) ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Previous: Family $ 1,119.55 Individual $ 439.04 Amended: Family $ 1,073.12 Individual $ 420.83 Vote: Passes. 7-0 RESOLUTION NO. 355 Motion by Bingell, Second by Fagan. RE: AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR 2006 BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a premium rate renewal agreement with GHI for dental insurance coverage for county employee groups for the term of January 1, 2006 through December 31, 2006, with rates per month as follows, subject to the approval of the Schuyler County Attorney: Schuyler County Dental Plans DT 4790, DT 4965 and DT 4994 Family $56.03 Mo. Individual $16.01 Mo. (No Increase) (No Increase) Vote: Passed 7-0. Chairman Gifford in at 9:10 a.m. RESOLUTION NO. 356 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE RATE RENEWAL FOR VISION COVERAGE PREMIUM BE IT RESOLVED, that the Schuyler County Legislature hereby renews the premium for vision coverage for Schuyler County to be $4.78-Individual and $12.41-Family. Vote: Passed 8-0. RESOLUTION NO. 357 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE STIPULATION AGREEMENT WITH THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) ADMINISTRATIVE UNIT BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Stipulation Agreement with the CSEA Administrative Unit, as approved by Labor Counsel. Vote: Passed 8-0. RESOLUTION NO. 358 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE STIPULATION AGREEMENT WITH THE SCHUYLER COUNTY DEPUTY SHERIFFS’ ASSOCIATION - RESCINDED BY RESOLTION NO. 434-05 BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Stipulation Agreement with the Schuyler County Deputy Sheriffs Association, as approved by Labor Counsel. Discussion: Res. No. 356-357. Legislator Bleiler asked for more details of what these resolutions were about. O’Hearn, one is disciplinary matter and one is an employee leaving the county. Vote: Passed 8-0. MOTION by Legislator Bleiler to go into executive session to discuss employee work history, SECOND by Legislator Bingell. Vote: 7-0. MOTION by Legislator Bleiler to come out of executive session, SECOND by Legislator Fagan. Vote: 7-0. PUBLIC PARTICIPATION: None COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn took this time to discuss the Tobacco (TASC) correspondence on the settlement. He was notified late last week that our amount expected has been lowered to 1.7 million to be consistent with interest rates. He then received a notice yesterday and it is now $1,333,713.00 million. He contacted the Fiscal Advisors and they miscalculated. They had included Seneca County with us. They feel that this is the floor and it will not go any lower. In light of that, it does not require legislative action, but we do have the option to opt out. Other counties are not withdrawing from this round. He just wanted to make everyone aware of it. They needed action yesterday. He needs to notify them if we are still in or we are withdrawing if we choose. Legislator Fagan asked what the ramifications might be. O’Hearn said they would have to forego the capital amount. There will be no more disbursements for another 35 years. He recommends staying in at this point. Attorney Coleman agrees with O’Hearn. Chairman Gifford asked if they take this we do not have to worry about tobacco companies going belly up or moving to another county, correct? Attorney Coleman agreed and stated that this is an anchor. O’Hearn explained that there is no resolution needed, just input so that he may ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 notify the legislators as to what is going on. He will have his Confidential Secretary, Heather Lodge, contact them. Legislator Bleiler said he is still not satisfied, he asked O’Hearn if he called Worthington trust. O’Hearn said he received a spreadsheet and was required to have the accountant verify the numbers. This goes from the initial payout through to the year 2004. We were off by $40,000. One year was an $11,000 amount where we showed we received less. Legislator Bleiler suggested that they take a look at the numbers again and then think carefully about securitization. On a side note, he is disappointed that our own records are not more accurate than that. It must be there someplace. He is not accusing anyone of walking off with money. O’Hearn explained that our records are accurate, the conversations he is having is where it is confusing on their end. The numbers are not matching up. Legislator Bleiler was really upset that they do not know how much they are sending us. O’Hearn said he does not have enough knowledge to answer the questions. Legislator Bleiler asked how the other committee members felt from TASC. He suggested holding a special TASC meeting to invite the auditors to explain how this can happen. Legislator Slusser said the auditor is saying we are right on. Legislator Fagan said they are claiming they sent us more than we received? O’Hearn said yes, the spreadsheet from Fiscal Advisors shows it. Legislator Bleiler felt they should continue with the deadline, but call a meeting of the TASC next week. The Meeting Adjourned at 9:28 a.m. Stacy B. Husted, Clerk REGULAR MEETING NOVEMBER 14, 2005 The November 14, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator Timothy O’Hearn, were also present. PUBLIC PARTICIPATION: Joette McBride stood and stated that she was on the Office for the Aging Advisory Committee. She said she recently attended a committee meeting and voted on a motion to create a new Deputy Director position. She said that when it was presented she was in support of this new position being created. However, after she thought about it, she now has concerns about this new position. She also does not see a Coordinator position listed on the proposed changes for all of the other positions listed for the Office for the Aging and feels that it should be listed. She feels that if this Deputy Director position is created, then it can not be rescinded later and all the information must be reviewed before making this kind of decision. Linda Brown who is a Secretary at Hanlon Elementary School discussed her concern that it is difficult to have people apply for substitute positions at the school. The pay is not very high and now there is a new fingerprinting fee that the applicant needs to pay for when hired and it is expensive. She has called other counties surrounding Schuyler and none of them charge for Civil Service applications right now for non- competitive and labor positions and she would like the Legislature to consider a resolution to waive Civil Service fees to apply for these kinds of positions. George Swarthout of Beaver Dams, stated that it seems odd to pay a fee to get into a position, fingerprinting fees and application fees. Legislator Yuhasz made some clarification on the fingerprinting fees. He said that it is a new state requirement and that he had to pay fingerprinting fee even though he had worked for 25 years in the school district, retired and came back to the School District. Legislator Slusser stated that the waiving of Civil Service Fees will be discussed further in committee. 7:00 P.M. – PRESENTATION BY THE VETERANS SERVICES DIRECTOR, PHILIP SMITH: Phil Smith, representing the Schuyler County Veteran’s, made a presentation to the public in regards to the new Veteran’s Memorial Park that is being built on County Route 228 in Odessa. Jim Shippy, a Veteran from Post 676 also spoke about the Memorial Park. He introduced another member of the Schuyler County Memorial board. Mr. Shippy is the Secretary and Chairman of the Board. There was a handout disbursed that had many Questions and Answers for the Memorial project. He showed the ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 pictures of the bronze eagle that artist David Turner has sculptured for the project. The eagle represents and stands for strength and courage. They will have a dedication ceremony in the month of May. This project was started about five years ago. He said that he is proud of the Legion he is from and that it is a non-drinking legion. He was also proud to report that the legion has no debt. They pay for everything that they do for projects. They have received a lot of donations for this project in particular. See handout on file for donations that the public can make by purchasing bricks, trees, etc. He disbursed another handout of a drawing of the park. This was done at no charge by the architect. The last handout was information from the VFW in Watkins Glen, Legion post 555 and the Wayne post, which helped financially. He said that this was a heartwarming dream and it is starting to come true. Please drive by and you will be surprised. Also, please become part of the project and consider donating, and talk it up if you think we are doing good. Legislator Bleiler made a comment that if the public travels on Rt. 228 about two miles north, that they will see a stop sign and if they look across the road they can see where the park is going to be placed. When this project started, he thought it should be in front of the County Building or other locations but now that he has seen the map and plans, it is in a perfect place. He feels that this is a gem of a project and that it will be great for people that will be able to check out the rural areas of the County too. Mr. Shippy indicated that Legislator Bleiler is an advisor for the project and they meet each month. He was able to do a presentation to high schooler’s and he was amazed at how little they knew about Veterans and thought this was a good way to get a message out and tell them about the project too. Jim Bowman who is another Veteran, introduced himself and stated that he felt that most people do not realize how many Veterans are from Schuyler. He has composed a list of three-hundred names. These names go back to the French and Indian war. When the list is complete it will be at the memorial park. He also talked about how this project started and that he had an inquiry from a lady. He talked about all the donations and gifts they have received from the public. They are about two-thirds of the way with money. The sidewalks are now in place, the bricks are in too. There will be benches and lighted flags for the project. He asked to please talk it up to give support and it will be appreciated. Legislative Chairman Gifford indicated that a Proclamation by the Legislature would eventually be offered in the spring. He offered a Thank you to the Veterans. 7:15 P.M. – PUBLIC HEARING REGARDING AN INCREASE IN FIRST TRANSIT BUS TRANSPORTATION FARES: The Legislative Chamber was filled with members of the public for the public hearing. Chairman Gifford started the hearing by thanking everyone for coming. He reminded that it was not a debate, that it was only a discussion. There is a budgeting issue and problems that have come up in regards to the upcoming year and the First Transit contract. He indicated that County Administrator O’Hearn would be able to get into more detail of the budget concerns. Administrator O’Hearn welcomed everyone that came to the hearing. He has been communicating through an internet list serve about the public concerns of the County possibly making changes to the bus service through First Transit. As a brief overview before opening up to comments, he mentioned the reason for having this public hearing was to involve the public with the process of making a decision that appears to be needed to help offset local share costs of the bus service. In planning for the fiscal year 2006, he reviewed the history with Chemung County First Transit. He explained that the County first entered into an agreement in 2000 and in the beginning there was an understanding that this service would be offset with State and Federal revenues. The cost of the bus service in the beginning was $2-3,000 for the first few years. Then we began to show a profit in the following year. Now when we review Chemung County’s agreement, it shows increasing local shares to $188,000 for 2006. Because of the increased local shares, we are being faced with options now being considered. The County is considering either a fare increase in varying degrees and/or the elimination of bus route number three. He then introduced the First Transit Representative who was in the audience, Diane Pantalunis. He indicated that she was available to answer questions. He said that there had been no decision made yet and now they would listen to concerns. Mary Churchill spoke and said she is not currently riding the bus but glad for the turn out. Over twenty years ago she was the one that set up the bus agreement and generated the bus route with First Transit. She inquired if Corning had a share that they had to pay. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 Chairman Gifford indicated that this was not a Question and Answer format and they did not have time to answer questions. He said if anyone had questions that they could ask them and get them answered in writing. Mary Churchill continued on to ask if the Legislature if they had a Transportation Committee? If so, is there anyone that is a rider of the bus on it? Are there any grants applied for to help with the bus service agreement? What is the Cornell agreement to offset the cost or is there any agreement? Legislator Bleiler indicated that there was not a Transportation Committee. Legislator Fagan spoke about bus “service” concerns that he had received a lot of emails since the last few months. He knows that this is not for discussion tonight but thought he would let everyone know that the contract ends with Transit 2006 and they are looking at bids to address servicing issues. Legislator Larison indicated that he and Legislator Bingell sit on a transportation committee for the Southern Tier Central Regional Planning and Development Board in Painted Post. Some of the transportation problems take time to address. Jeff Magus who has been a rider for twenty years and works at Cornell, always wonders if there will be a fare increase. He admits to having had service issues in the past. He would hate to see the elimination of runs because it would be a step backward. He would like to see it as it is now. Taking the bus is environmentally friendly, it is safer with less cars on road. He is on the fire department and knows a lot of people that travel Rt. 79 which can be dangerous to travel. He started a small petition which was given to O’Hearn. See copy of petition in the meeting file. Mr. Magus stressed that the Legislature to not eliminate any bus routes and acknowledged that a fare increase would be satisfactory. Legislator Fagan reviewed the petition and was confused with the objection on the petition. Mr. Magus clarified that the people that signed the petition agreed with a fare increase but not canceling a bus route. Sue Snyder spoke, who has been a rider for two years and gets on in Odessa. There is about ten people getting on at her stop and there is not enough room on the bus. People end up standing in the back of the bus. Legislator Fagan indicated that the one option was for a fare increase. Mr. Magus replied, yes give us an increase and he asked where he can go to sign up for it. Sue Snyder asked what Cornell University is paying for a share? Legislator Slusser indicated that Cornell is not paying the County for the bus service. Stacy Edwards said she said that Cornell subsidizes for its employees. Cornell pays this directly to First Transit. Linda Mapes said she was not under the impression Cornell currently subsidizes but only formerly did this for employees. Gorden Swarthout said that he was not aware that County dollars were being used for this bus service and does not agree. Lois Branson said that she felt the number of riders has increased and that it is a benefit to Schuyler County by having this service. Patty Butler stood and spoke. She lives in Montour Falls and gets on at the Rural Urban Center bus stop. She thinks riders should be on a committee and figure out ways to save money. She feels that the hospital run the bus makes everyday is a big loss of money. Legislator Bleiler said that the Southern Tier Central Transportation Committee that was mentioned earlier, has not ever reported on any similar issues. He agrees this topic needs to come from the County. Kim Hayes just wanted to again mention the quality of service and feels it still needs to be addressed. Mike Skullen spoke, who has been a rider for ten years. He is a Cornell employee and his pass is subsidized by Cornell. He has spoke to many people in the past week and wants to remind that the ridership goes up in the winter, the bus will be overcrowded once again. He said that standing on a bus is not safe. The only thing he has heard at this meeting is that the county is trying to reduce the county share. What is a reasonable amount? Legislator Fagan asked if the local share was $7,000. O’Hearn said that this is what was budgeted. Chairman Gifford indicated that the local share was $43,000 in 2004. Stacy Edwards indicated that an increase in fare would be reasonable. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Diane Panatlunis said that there is an e-rate per hour of service. The hourly rate is reduced by fares and federal and state funding. When the County created a profit in the previous year the formula was based on this profit. O’Hearn said that in 2002 there was a profit and in the low to mid $30,000 the last three years. Stacy Edwards asked if the State recalculated the formula because of the profit revenue year. Diane replied yes. Stacy Edwards asked if the service has lost money in the past two years will they recalculate the formula again? Diane said they probably will. Mary Churchill did a quick calculation of riders and the amount paid. She then tried to clarify Mr. Swathout’s concern, by explaining that by riding a bus it does save the County money. Some would not be able to work if they did not ride the bus. Mike Skullen said that he would like to still see the county review what is a fare amount divided between county and riders. Legislator Bleiler said that he heard that seven people would be affected is this route ended up being eliminated. What he is hearing tonight from people it that they are saying there will be overcrowding on the other routes. Diane said that she did a survey and found that route three would be less impacted. Several audience members agreed with each other that they did not feel that there was a similar route to take if route three were eliminated. Legislator Bleiler asked the audience if doing the elimination of the route would make the buses be overcrowded. Many of the audience spoke up and agreed that it would be overcrowded. Diane explained how she came up with the numbers of riders from her study. Not saying that the buses can not max out with these numbers. Legislator Bleiler asked if all Rural Urban bus stop people get on at Mecklenburg. He also wanted to know what portion or route is the Rural Urban and Odessa? Chairman Gifford replied that the questions were getting into technical aspects. Legislator Fagan said that he had heard enough to not focus on reduction of service. He mentioned that he was the Chairman of the Community Development and Natural Resource Committee in 2004 and recalled that Patty Butler had concerns of the service bus programs. He said he did not know that the service had a local share and thought it was a pass through. Now he sees that there is a cost to the county. He feels that a reasonable amount for local share for him would be less than $10,000. He also feels that there should be at least a fifty percent increase in fares which would make the pass increase from $48 to $72. Ron Leasy then asked if the County raised the fares that much, would they again show a profit? Chairman Gifford replied with a no. Mary Churchill inquired if the Transit could get a smaller bus for some runs to reduce costs. Kim Hayes asked First Transit if they agreed that the numbers go up in the winter. She felt that the numbers did not make sense and they may be an inaccurate count. She asked how many were paying for passes. She wanted to know if the numbers were based on passes or riders. County Administrator O’Hearn said that they looked at the current numbers but yes they will vary. He felt that Legislator Fagan’s calculation will lower the cost and takes into account of flex in numbers. Mike Skullen said that he felt that there was a need to use peak figures to calculate. Sue Buckley from Odessa also spoke during the hearing. She said that five people ride on her route, one person was challenged by a disability and this person was in tears thinking that they may not be able to ride. She also indicated that there were others that ride the bus that were not Cornell riders. Legislator Bleiler agreed with Legislator Fagan that he would rather see a fare increase than see a cut in service. He would like to get the county cost down to $10,000 or less. This sounds like we have a solid answer to the problem. We can also Bid out in the future for possible other bus service. Gordon Swarthout said he would like to see the numbers kept down for the county, please. Lois Bronson said that she felt that we all have to find alternate ways to get home and that the Transit should consider not charging full price to people that are seeking to find alternate ways. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 Susan Artensinger said raising the pass amount sounds fair but the bus service should be safe, this should be a consideration. Chairman Gifford thanked everyone for participating in the hearing. The Public Hearing adjourned 8:13 p.m. RESOLUTION NO. 358A Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE OCTOBER 11, 2005 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the October 11, 2005 Regular Meeting of the Schuyler County Legislature be approved. Vote: Passes 8-0. RESOLUTION NO. 359 Motion by Yuhasz, Second by Bingell. RE: LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. OF THE YEAR 2005 AUTHORIZING THE SCHUYLER COUNTY LEGISLATURE TO MAKE APPLICATION FOR RE-DESIGNATION OF CERTAIN AREAS WITHIN SCHUYLER COUNTY AS AN EMPIRE ZONE WHEREAS, by Local Law No. 12 of 2000, the county of Schuyler authorized Schuyler County Partnership for Economic Development (SCOPED) to prepare and submit the application for designation of the Empire Zone, pursuant to Section 961 of the General Municipal Law, and the creation of such Zone was approved by the New York State Commissioner of Economic Development and such Zone was formally designated by the Empire Zones Designation Board on June 5, 2002, and WHEREAS, the New York State Legislature and the Governor have enacted into law changes to the Empire Zones program, whereby each existing Empire Zone must configure its existing zone acreage into three “distinct and contiguous” areas, and WHEREAS, pursuant to Sections 961 and 957(d) of the General Municipal Law, as amended, the county of Schuyler hereby authorizes SCOPED to prepare and submit Schuyler County’s application for re- designation of the existing Empire Zone into three “distinct and contiguous areas”, including a description of the areas identified for such re-designation, to the New York State Commissioner of Economic Development for ultimate approval by the Empire Zones Designation Board, and WHEREAS, such designation could greatly benefit the County in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area, and new and expanded businesses would generate new jobs for Schuyler County residents, and WHEREAS, a draft of the amended Zone Development Plan is hereby authorized to be submitted along with the re-designation application to the New York State Commissioner of Economic Development. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 7/Local Law No. of the year 2005, in the form hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on December 12, 2005 at 7:05 p.m. in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. OF THE YEAR 2005 BE IT ENACTED, by the Legislature of the County of Schuyler, as follows: Section 1. SCOPED is hereby authorized and empowered to submit an application for redesignation of certain areas within Schuyler County as an Empire Zone; provided, however, that such authorization and empowerment shall be conditioned upon the concurrence, through properly adopted resolution(s) with respect to such application of the governing bodies of any and all towns and villages in which such zone is located. Section 2. The boundaries of said areas to be included in said Empire Zone shall be as set forth in Schedule A, which is attached hereto and made a part hereof. Section 3. Pursuant to requirements of Section 963(a) of the General Municipal Law, the County Administrator shall continue to serve as the Local Empire Zone Certification Officer of Schuyler County Empire Zone, and shall, pursuant to the regulations promulgated pursuant to Article 18-B of the General Municipal Law, perform the following duty, to wit: certify, jointly with the New York State Commissioner of Economic Development and the New York State Commissioner of Labor, those businesses enterprises that are eligible to receive those benefits referred to in Section 966 of the General Municipal Law, and any other applicable statutes. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Section 4. Pursuant to Article 18-B of the General Municipal Law, the Local Empire Zone Administrative Board as presently constituted is hereby continued. The Local Empire Zone Administrative Board, pursuant to Section 963(a) of the General Municipal Law, as amended, shall approve for certification by the Zone Certification Officer, the New York State Commissioner of Economic Development, and the New York State Commissioner of Labor, the applications of those businesses eligible for certification to receive the benefits referred to in Section 966 of the General Municipal Law, and shall perform all other duties required of it pursuant to Section 963(b) of the General Municipal Law, Section 5. This local law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law. Vote: Passes 8-0. RESOLUTION NO. 360 Motion by Yuhasz, Second by Bingell. RE: RECOGNIZE DECEMBER 2005 AS NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH - PUBLIC HEALTH WHEREAS, an alcohol-related motor vehicle crash kills someone every 31 minutes and non-fatally injures someone every two minutes (NHTSA 2004), and WHEREAS, drugs other than alcohol, such as marijuana and cocaine, are involved in about 18% of motor vehicle driver deaths and are generally used in combination with alcohol (NHTSA 1993), and WHEREAS, each year alcohol-related crashes in the United States cost about $51 billion (Blincoe et al.2002), and WHEREAS, most drinking and driving episodes go undetected, and WHEREAS, to further decrease alcohol-related fatal crashes, communities should implement and enforce strategies that are known to be effective, such as sobriety checkpoints, 0.08% BAC laws, minimum legal drinking age laws and “zero tolerance” laws for young drivers. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County recognizes December 2005 as National Drunk and Drugged Driving Prevention month. Vote: Passes 8-0. RESOLUTION NO. 361 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT AMENDMENT WITH AFFILIATED CONSULTANTS, P.C. FOR CLINIC SERVICES FOR 2005 - COMMUNITY SERVICES WHEREAS, the Community Services Department currently contracts with Affiliated Consultants, P.C., for mental health workers, and WHEREAS, there is a temporary need for additional mental health services workers to provide clinic services due to the current staffing shortage in the Mental Health Clinic, and WHEREAS, Affiliated Consultants, P.C. is able to provide qualified Social Workers to work in the Mental Health Clinic on a temporary basis. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract amendment with Affiliated Consultants, P.C. to include the provision of temporary mental health workers for the period September 1, 2005 through December 31, 2005, at the rate of $55 per hour, in an amount not to exceed $6,600, total funding of this contract not to exceed $188,600, funding available in account 4310.435, subject to approval by the Schuyler County Attorney. Vote: Passes 8-0. RESOLUTION NO. 362 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH DrFIRST.COM, INC. FOR ELECTRONIC PRESCRIPTION SERVICE – COMMUNITY SERVICES WHEREAS, the Mental Health Clinic prescribes medications in the treatment of individuals in need of such services, and WHEREAS, use of an electronic prescription service would enhance the management of medications prescribed and improve the safety and confidentiality involved in prescribing medications, and WHEREAS, the Mental Health Clinic wishes to purchase a software application, which will allow for submission of prescriptions to participating pharmacies by electronic means. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an agreement with DrFirst.com, Inc. for the purchase of a software application, total cost not to exceed $1,000, funds available in the 2005 budget, account no. 4310.278, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign a business associate agreement with DrFirst.com, Inc. with regard to HIPAA compliance, subject to approval by the Schuyler County Attorney. Vote: Passes 8-0. RESOLUTION NO. 363 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT WITH HORIZONS OCCUPATIONAL THERAPY, PLLC FOR THERAPY SERVICES – PUBLIC HEALTH WHEREAS, provision of occupational therapy services is beneficial to the rehabilitation of Schuyler County residents receiving home health care, and WHEREAS, Horizons Occupational Therapy, PLLC is certified to provide occupational therapy services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute a contract with Horizons Occupational Therapy, PLLC to provide occupational therapy services, effective December 1, 2005 through December 31, 2006, renewable annually, at a rate of $60 per hour, funding available in the 2005 Public Health budget and the proposed 2006 Public Health budget, account no. 4010.490, subject to the approval of the County Attorney. Vote: Passes 8-0. RESOLUTION NO. 364 Motion by Yuhasz, Second by Bingell. RE: AMEND 2005 – 2006 LEAD GRANT BUDGET – PUBLIC HEALTH WHEREAS, resolution 130-05 established the budget for the 2005-06 Lead grant, and WHEREAS, planned expenditures of the grant monies have changed, and these changes necessitate amendments to the original budget. NOW, THEREFORE, BE IT RESOLVED that the Legislature authorizes the County Treasurer to amend the 2005- 06 Public Health Department budget as follows: CHANGE NEW AMOUNT ACCOUNT NO. DESCRIPTION $ - 775.00 $ 14,085.00 4010.100-4006 Personnel $ + 775.00 $ 5,915.00 4010.489-4006 Fringe Benefits 1,000.00 $ 0.00 4010.200-4006 Equipment $+1,250.00 $ 1,500.00 4010.400-4006 Contractual 250.00 $ 750.00 4010.579-4006 Lead Testing Vote: Passes 8-0. RESOLUTION NO. 365 Motion by Larison, Second by Bingell. RE: AUTHORIZE INCREASE IN STAFF SALARY FOR 2006 – COMMUNITY SERVICES WHEREAS, the full-time staff position in the Mental Health Clinic is a professional position which requires that salary increases be approved by the Legislature, and WHEREAS, the position is currently filled by Dr. Mihai Dascalu at an annual salary of $122,500, which salary has remained unchanged since January 1, 2004, and WHEREAS, the retention of a full-time is crucial to the operation of the Mental Health Clinic, both financially and in the delivery of mental health services, and WHEREAS, the salary increase is included in the proposed 2006 Mental Health budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves a salary increase for the full-time staff position in the amount of $7,500 annually, from $122,500 to $130,000 annually, effective January 1, 2006. Vote: Passes 8-0. RESOLUTION NO. 366 Motion by Larison, Second by Bingell. RE: AUTHORIZE CREATION OF A PARALEGAL POSITION - DISTRICT ATTORNEY ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 WHEREAS, the Confidential Secretary position in the District Attorney’s Office has undergone significant changes in duties over the past eight years and said duties now meet the criteria of a Paralegal position, and WHEREAS, it is the recommendation of the Public Safety/Criminal Justice Committee and the County Administrator to create a Paralegal position in the District Attorney’s Office. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the creation of a full- time Paralegal position in the District Attorney’s Office, Grade Level XXV, with a starting rate of $17.52 per hour, effective immediately, and BE IT FURTHER RESOLVED, that the position of Confidential Secretary to the District Attorney will remain vacant and unfunded while the position of Paralegal is occupied. Vote: Passes 8-0. RESOLUTION NO. 367 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH WESLEY ROE, ESQ. FOR LEGAL SERVICES – PUBLIC DEFENDER’S OFFICE WHEREAS, due to various conflicts of interest, multiple defendants or multiple party cases and overload cases, it would be beneficial to the county to enter into a contract for services with attorney Wesley Roe, Esq. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Wesley Roe, Esq. for the Public Defender’s Office for conflicts of interest, multiple defendants or multiple party cases and overload cases which the present conflict attorney, James E. Halpin, LLP is unable to handle, for the period November 1, 2005 to December 31, 2005, at a rate of $1,250 per month; subject to approval of the Schuyler County Attorney. Vote: Passes 8-0. RESOLUTION NO. 368 Motion by Bleiler, Second by Larison. RE: DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU WHEREAS, the New York Office of Children and Family Services (OCFS) allows the County Chief Executive to delegate authority to their County’s Youth Bureau Directors to sign all amendments to their County’s approved allocation plan, WHEREAS, Schuyler County has already given authority to their Youth Bureau Director to sign amendments to the fullest extent of his/her authority by OCFS standards. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize its Chairman to delegate authority to the Schuyler County Youth Bureau Director to sign OCFS amendments to the Schuler County approved Resource Allocation Plan after approval from the Schuyler County Youth Board and with appropriate reporting to the Human Service Committee of the Legislature. Vote: Passes 8-0. RESOLUTION NO. 369 Motion by Bleiler, Second by Larison. RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2006 AND RELATED CONTRACTS – YOUTH BUREAU WHEREAS, the Schuyler County Youth Bureau has prepared and the Schuyler County Board has approved a Resource Allocation Plan for the year 2006 and recommends approval thereof. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the Resource Allocation Plan and to execute all other documents pertinent to the operation of the Schuyler County Youth Bureau for the year 2006 within budgeted allocations; subject to approval of the Schuyler County Attorney, as follows: Cornell Cooperative Extension Catholic Charities of the Southern Tier Council on Alcoholism of the Finger Lakes Region Community Dispute Resolution Center Vote: Passes 8-0. RESOLUTION NO. 370 Motion by Bleiler, Second by Larison. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RE: RESOLUTION REQUESTING FUNDING FOR COURT APPOINTED SPECIAL ADVOCATE (CASA) – YOUTH BUREAU WHEREAS, the Schuyler County Youth Board has approved a Resource Allocation Plan for the year 2006 and it does not include funding for CASA, and WHEREAS, the Human Services Committee is requesting funding for CASA out of the 2006 budget appropriations. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports appropriating funds in the amount of $4,500 for CASA in the 2006 Budget. Vote: Passes 8-0. RESOLUTION NO. 371 Motion by Larison, Second by Bingell. RE: APPOINTMENTS – YOUTH BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of the following individual to the Schuyler County Youth Board for the terms as set forth below: January 1, 2006-December 31, 2008 Mary Wilson January 1, 2006-December 31, 2006 Charlotte Hall Judah Baker Vote: Passes 8-0. RESOLUTION NO. 372 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWALS FOR 2006 WITH PROBATION, PUBLIC HEALTH, MENTAL HEALTH AND SOCIAL SERVICES FOR THE FAMILIES FIRST PROGRAM-YOUTH BUREAU WHEREAS, the Youth Bureau is the coordinating department of the Families First program, and WHEREAS, each of the following departments (Social Services, Mental Health, Public Health, and Probation) have money in their respective budgets to support the Families First program for the year 2006. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into contract renewals with the following departments for the year 2006, subject to the approval of the Schuyler County Attorney: Department of Social Services Mental Health Public Health Probation Vote: Passes 8-0. RESOLUTION NO. 373 Motion by Larison, Second by Bingell. RE: LOCAL LAW INTRO. NO. 8 OF THE YEAR 2005 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2006 WHEREAS, County Law Section 201 states that any change in compensation of such officer during his/her term be made only by Local Law subject to the provisions of Section 24 of the Municipal Home Rule Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 8 of the year 2005 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on December 12, 2005 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 8 OF THE YEAR 2005 A Local Law Setting Salaries for Certain Public Officers for the Year 2006. Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the following adjustments of salaries for the public officers listed below shall be in the amounts herein stated effective January 1, 2006. 2. The following public officers are subject to the provisions hereof: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 County Administrator $83,634 Personnel Officer $42,593 County Attorney $51,427 Assistant County Attorney $68,548 Assistant County Attorney $61,264 Conf. Sec’y. to County Attorney $39,021 Commissioner of Social Services $61,603 Clerk of the Legislature $40,171 Deputy Clerk of the Legislature $33,138 Real Property Tax Director $50,469 Public Defender $75,849 Assistant Public Defender $37,925 Commissioner of Board of Elections $ 8,000 Commissioner of Board of Elections $ 8,000 Deputy Comm. of Board of Elections $28,500 Deputy County Treasurer $33,276 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: Passes 8-0. RESOLUTION NO. 374 Motion by Karius, Second by Bingell. RE: ACCEPT PROPOSAL AND AUTHORIZE CONTRACT WITH VENESKY & COMPANY FOR THE COUNTY’S COST ALLOCATION PLAN – TREASURER’S OFFICE WHEREAS, in order to provide the Department of Social Services and the Public Health Department with the necessary county-wide indirect costs allocable to them, a County Cost Allocation Plan needs to be done every year, and WHEREAS, Venesky & Company can provide this service at an annual cost of $12,000, to be billed to the Treasurer, the Department of Social Services, and the Public Health Department. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a three year contract with Venesky & Company for the for the County’s Cost Allocation Plan for the term January 1, 2006 through December 31, 2008, funding to be made available in the 2006 budget account no. 1325.435-Professional Fees & Services; subject to approval of the Schuyler County Attorney. Vote: Passes 8-0. RESOLUTION NO. 375 Motion by Karius, Second by Bingell. RE: AUTHORIZE ONE-YEAR EXTENSION WITH NATIONWIDE RETIREMENT SOLUTIONS FOR TRUST SERVICE AND ADMINISTRATION OF THE COUNTY’S 457 DEFERRED COMPENSATION MODEL PLAN WHEREAS, Section 9003.5 of the Rules and Regulations of the New York State Deferred Compensation Board requires solicitation of proposals from administrative service agencies relating to trust service, administration and/or funding of a Deferred Compensation Plan every five years -or- up to two one- year extensions of current contracts, and WHEREAS, it is the recommendation of the County Administrator and Human Resources Director that the County opt for a one-year renewal of the current contract for said services. NOW, THEREFORE, BE IT RESOLVED, in accordance with the Rules and Regulations of the New York State Deferred Compensation Board, the County of Schuyler hereby authorizes a one-year renewal with Nationwide Retirement Solutions for Trust Service and Administration of the County’s 457 Deferred Compensation Model Plan for the term December 28, 2005 through December 27, 2006; subject to approval of the Schuyler County Attorney. Vote: Passes 8-0. RESOLUTION NO. 376 Motion by Karius, Second by Bingell. RE: RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2006 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, the State Board of Real Property Services has established the County tax levy pursuant to Title 2 of Article 8 of the Real Property Tax Law, and a certificate of these rates has been received. NOW, THEREFORE, BE IT RESOLVED, that the equalization rates for the 2005 Assessment Roll be adopted and the 2005 County equalization rates for the general levy and apportionment from the State Board of Real Property Services be entered in the minutes as follows: TOWN OF CATHARINE 88.00 TOWN OF MONTOUR 88.00 TOWN OF CAYUTA 95.00 TOWN OF ORANGE 92.00 TOWN OF DIX 91.00 TOWN OF READING 91.00 TOWN OF HECTOR 80.00 TOWN OF TYRONE 87.00 Vote: Passes 8-0. RESOLUTION NO. 377 Motion by Fagan, Second by Bingell. RE: SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT BE IT RESOLVED, that the Public Hearing on the Assessment Roll for the year 2005, for the budget year of 2006, for the Lamoka/Waneta Lakes Protection and Rehabilitation District shall be held on November 21, 2005 at 6:25 p.m. in the Court Room on the second floor of the Court House, County Office Building, 105 Ninth Street, Watkins Glen, NY and the Clerk of the Legislature is hereby authorized and directed to publish the Notice of Public Hearing as required by Section 270 of the County Law in the official newspaper of the County, and the Clerk is further directed to forward a certified copy of this resolution to the Attorney for the Lamoka/Waneta Lakes Protection and Rehabilitation District, A. Thomas Galloway II, Esq., Orrick, Herrington & Sutcliffe, LLP, Fifth Avenue, New York, NY 10103: Christine Kane, Clerk, Steuben County Legislature; the Director of Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer. Vote: Passes 8-0. RESOLUTION NO. 378 Motion by Fagan, Second by Bingell. RE: RESOLUTION TO AUTHORIZE THE COUNTY TREASURER TO PERMIT THE CANCELLATION OF INTEREST AND PENALTIES – REAL PROPERTY TAX WHEREAS, Section 1182 of the Real Property Tax Law (RPTL) makes provision for the county legislature to authorize the cancellation of interest and penalties by resolution, and WHEREAS, the Governmental Operations Committee has determined that it is in the best interests of the tax district to cancel the interest and penalties due on a 2005 tax owed by the Tyrone United Methodist Church for parcel 55.05-1-22 in the Town of Tyrone. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the County Treasurer to cancel said interest and penalties, and to accept payment of the original amount due. Vote: Passes 8-0. RESOLUTION NO. 379 Motion by Fagan, Second by Bingell. RE: AUTHORIZE SUBMISSION OF A 2006-2007 LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND APPLICATION FOR MICROFILMING PROBATION RECORDS BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all contracts relative to a 2006-2007 Local Government Records Management Improvement Fund grant application for funds not to exceed the sum of $75,000 for Microfilming Probation Records project; subject to the approval of the Schuyler County Attorney. Vote: Passes 8-0. RESOLUTION NO. 380 Motion by Bleiler, Second by Bingell. RE: ACCEPT PROPOSAL FOR OIL AND GAS LEASING OF COUNTY OWNED LAND – BUILDINGS AND GROUNDS WHEREAS, Schuyler County had an oil and gas lease on certain county-owned land, and WHEREAS, the renewal was received and the Public Works Committee recommends acceptance of the one proposal. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the proposal from Fortuna Energy, Inc. for oil and gas leasing on certain county owned lands as follows: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Tax Map #92.00-2-24 Tax Map #92.00-2-26, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a lease agreement with Fortuna Energy, Inc. as set forth above, effective immediately, in the amount of $50 per acre for the first year and $5 per acre thereafter, for a term of five years; subject to approval of the Schuyler County Attorney. Vote: Passes 8-0. RESOLUTION NO. 381 Motion by Bleiler, Second by Bingell. RE: APPROVAL OF THE OFFICE FOR THE AGING 2006 ANNUAL IMPLEMENTATION PLAN FOR THE OLDER AMERICANS ACT AND NYS COMMUNITY SERVICES FOR THE ELDERLY PROGRAMS WHEREAS, the Schuyler County Legislature has established an Office for the Aging in Schuyler County, and WHEREAS, the Office for the Aging is required to submit an Annual Implementation Plan which includes plans for programs operated by the Office for the Aging, as follows: Title IIIB of the Older American’s Act Titles IIIC1 and IIIC2 of the Older American’s Act Title IIID of the Older American’s Act Title IIIE of the Older American’s Act Title V of the Older American’s Act Title VII of the Older American’s Act The Weatherization Referral & Packaging Program Health Insurance Information, Counseling and Assistance Program Community Services for the Elderly Program Congregate Services Initiative Program Home Energy Assistance Program Expanded In-Home Services for the Elderly Program (EISEP) Supplemental Nutrition Assistance Program (SNAP) NYS Long Term Care Ombudsman Program, State Pharmacy Assistance Programs (SPAP), York State Long Term Care Insurance Education and Outreach Program LTCIEOP), and WHEREAS, the Plan requires approval by the Schuyler County Legislature before submitting the Plan in December 2005, and WHEREAS, the Public Hearing on the Annual Implementation Plan was held on October 18, 2005 at 11:00 AM at the Offices of the Schuyler County Office for the Aging as required, and WHEREAS, no Federal and/or New York State funding will be available until the plan has been approved by the Schuyler County Legislature and submitted to the NYS Office for the Aging and approved, NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign those funding applications necessary to carry out the services provided by the Schuyler County Office for the Aging, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign those contracts and agreements necessary to carry out the service provided by the Schuyler County Office for the Aging upon review by the Schuyler County Attorney. Vote: Passes 8-0. RESOLUTION NO. 382A Motion by Slusser, Second by Karius. RE: MOTION TO TABLE RESOLUTION NO. 382 BE IT FURTHER RESOLVED, that Resolution No. 382 be tabled for further discussion. Vote: Passes 7-1. No: Bleiler. MOTION by Legislator Bleiler to go into Executive Session to discuss employee work history, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 MOTION by Legislator Larison to come out of executive session, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. Legislature Bingell left meeting at 9:00 p.m. MOTION by Legislator Larison to remove Resolution No. 382 from the table, SECOND by Legislator Bleiler. Motion carried six ayes to one no. No: Slusser. RESOLUTION NO. 382 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CREATION OF DEPUTY DIRECTOR POSITION AND APPOINTMENT THERETO – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office of the Aging (SCOFA) serves the needs of persons sixty years and older residing the County, and WHEREAS, there are over twenty (20) different categories of services by SCOFA including but not limited to home delivered meals, congregate meals, in-home services, case management, nutritional education and counseling, legal assistance, senior center activities, assistance with heating bills, home weatherization, and health promotion under approximately twelve different programs from the State and Federal governments, and seventeen different funding streams, and WHEREAS, SCOFA has recently overhauled its entire financial accounting process which has provided for improved financial accountability, and has further been in the process over the last several months of carefully reviewing the needs of the Office with the proposal of several new positions, and WHEREAS, SCOFA has increased not only the number of programs and services provided with an increase in the annual budget with little or no increase in direct financial support of the County, and WHEREAS, in the process of reviewing the overall needs and requirements of the Office, it has been determined that a position of Deputy Director is needed and would include supervision of selected programs as well as overall financial services for the Office, and that said position would include the authority to act in the capacity of the Director in the absence of or at the direction of the Director, and WHEREAS, upon recommendation of the Director of SCOFA with the endorsement of the County Administrator, Wendy Wolcott meets the qualifications of the new position and is recommended to fill the position of Deputy Director for the Schuyler County Office for the Aging. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the creation of a Deputy Director position in the Office for the Aging, to be placed in Grade Level F of the Management/Confidential Salary Plan with a hiring range of $34,161 to $42,386, with a factor rating as follows:, Factor I Accountability 60 Factor II Complexity of Duties 90 Factor III Experience/Knowledge 60 Factor IV External Contacts 45 Factor V Independent Judgment 75 Factor VI Internal Contacts 30 Factor VII Impact on Programs/Admin. 25 Factor VIII Interpersonal Skills 60 Factor IX Supervision/Leadership 125 TOTAL 570 = Grade F, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment by Robert Dunphy, SCOFA Director of Wendy Wolcott as Deputy Director at an annual salary of $36,500, effective immediately, and BE IT FURTHER RESOLVED, that the Coordinator of Services for the Aging position be abolished. Vote: Passes 7-0. RESOLUTION NO. 383 Motion by Bleiler, Second by Larison. RE: AUTHORIZE CREATION OF AN AGING SERVICES CASE SUPERVISOR POSITION – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office of the Aging (SCOFA) serves the needs of persons sixty years and older residing in the County, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 WHEREAS, included among its many programs are the provision of in-home services for housekeeping and personal care, case management for individual clients, and the provision of caregiver services to those who attend to the needs of older citizens, as well as the provision of educational, respite, and support group activities for all these services, and WHEREAS, to fully implement all of the above services it is necessary to meet numerous accounting and reporting requirements, securing and monitoring of subcontractors as necessary, the development of other care provider servers in the County, the need to collect and distribute new caregiver information as necessary, and provide overall supervision of all of these services and services by a Case Supervisor Grade B, in addition to being able to directly provide some of these services, and WHEREAS, upon recommendation and review of the Schuyler County Human Resources and Civil Service, a position entitled Aging Services Case Supervisor should be created to assist providing, promoting, developing, monitoring, and supervising of such services, and WHEREAS, the position would be a full-time position (35 hours) and be classified as Civil Service level Grade Level XXIV with an hourly rate of $17.27. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the creation of the new position of Aging Services Case Supervisor at the Civil Service level XXIV with the beginning pay of $17.27 per hour for SCOFA, and BE IT FURTHER RESOLVED, that the OFA Case Supervisor-Grade B position be abolished. Vote: Passes 8-0. RESOLUTION NO. 384 Motion by Bleiler, Second by Larison. RE: AUTHORIZE CREATION OF AN AGING SERVICES CASEWORKER POSITION – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office of the Aging (SCOFA) serves the needs of persons sixty years and older residing in the County, and WHEREAS, included among its many programs are the provision of in-home services for housekeeping and personal care, case management for individual clients, and the provision of caregiver services to those who attend to the needs of older citizens, as well as the provision of educational, respite, and support group activities for all these services, and WHEREAS, to fully implement all of the above services it is necessary to provide case management and other caseworker services to persons in need to determine if such persons are eligible for in-home services of personal care and housekeeping as well as provision of services for caregivers and those persons that they care for, and to provide and coordinate such services for persons, and WHEREAS, upon recommendation and review of the Schuyler County Human Resources and Civil Service, a position entitled Aging Services Caseworker should be created to assist providing of such services, and WHEREAS, the position would be a full-time position (35 hours) and be classified as Civil Service level Grade Level XXII with an hourly rate of $15.92. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the creation of the new position of Aging Services Caseworker to be the Civil Service level XXII with the beginning pay of $15.92 per hour for SCOFA. Vote: Passes 8-0. RESOLUTION NO. 385 Motion by Bleiler, Second by Larison. RE: AUTHORIZE CREATION OF AN INFORMATION PROCESSING SPECIALIST POSITION – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office of the Aging (SCOFA) serves the needs of persons sixty years and older residing in the County, and WHEREAS, there are over twenty (20) different categories of services by SCOFA including but not limited to home delivered meals, congregate meals, in-home services, case management, nutritional education and counseling, legal assistance, senior center activities, assistance with heating bills, home weatherization, and health promotion under approximately twelve different programs from the State and Federal government, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, the New York State Office for the Aging pursuant to direction from federal authorities has required each Area Agency on Aging including SCOFA to electronically enhance collection, retention, and transmission of such information, requiring the acquisition and use of new and complex database software, and WHEREAS, the SCOFA receives nearly all of its instructions, manuals, memoranda, technical assistance and general correspondence from NYSOFA as well as other similar information in such format from other aging associations, and WHEREAS, there is a great need to have a position created to address these new electronic demands placed upon this Office, and WHEREAS, upon recommendation and review of the Schuyler County Human Resources and Civil Service, a position entitled Information Processing Specialist should be created to provide processing of all the electronic data received in accordance with the requirements of NYSOFA and the general electronic needs of SCOFA, and WHEREAS, the position would be a full-time position (35 hours) and be classified as Civil Service grade level XII with a beginning pay of $12.80 an hour NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the creation of the new position of Information Processing Specialist at the Civil Service grade level XII with the beginning pay of $12.80 for SCOFA. Vote: Passes 8-0. RESOLUTION NO. 386 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CREATION OF AN INSURANCE COUNSELING COORDINATOR POSITION - OFFICE FOR THE AGING WHEREAS, the Schuyler County Office of the Aging (SCOFA) serves the needs of persons sixty years and older residing in the County, and WHEREAS, included among its many programs are health insurance counseling, assistance in regards to Medicare, Medicaid, retirement benefits, and Social Security under the auspices of the Health Insurance and Information Counseling Program (HIICAP), and WHEREAS, with recent changes in benefits laws, the introduction of Medicare Part D, and changes in the requirements in training, volunteer recruitment and supervision, data collection, and reporting requirements by the New York State Office for the Aging, there have been substantial increases in compliance requirements for the proper operation of this program, and WHEREAS, after careful review of the present and future work needs for SCOFA under HIICAP, it has been determined that a new position is needed by SCOFA to meet this commitment to its clients, and WHEREAS, upon recommendation and review of the Schuyler County Human Resources and Civil Service, a position entitled Insurance Counseling Coordinator should be created to provide the necessary counseling training, recruitment, supervision, data collection, and reporting requirements for HIICAP, and WHEREAS, the position would be a part-time position (20 hours) and be classified as Civil Service level XIII with a beginning pay of $13.06 an hour. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the creation of the new position of Insurance Counseling Coordinator at the Civil Service grade level XIII with the beginning pay of $13.06 an hour for SCOFA. Vote: Passes 8-0. RESOLUTION NO. 387 Motion by Bingell, Second by Yuhasz. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR COORDINATOR OF FISCAL OPERATIONS AND BUDGETARY PLANNING POSITION – HEALTH SERVICES WHEREAS, Schuyler County Community Services and Public Health have a vacant Coordinator of Fiscal Operations and Budgetary Planning position due to Diane Habeck resigning. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledges the appointment by George Roets, Director of Community Services and Public Health, of Dianne G. Thomaris as the Coordinator of Fiscal Operations and Budgetary Planning position at an annual salary of $49,651, effective November 28, 2005, said position is in Grade Level F of the Management/Confidential Salary Plan. Vote: Passes 8-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RESOLUTION NO. 388 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE SUBMISSION OF A 2006-2007 LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND APPLICATION FOR FILES MANAGEMENT OF CIVIL SERVICE/HUMAN RESOURCES PERSONNEL FILES BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all contracts relative to a 2006–2007 Local Government Records Management Improvement Fund grant application for funds not to exceed the sum of $75,000 for a Files Management Project for the Civil Service/Human Resources Offices pertaining to inactive personnel files; subject to the approval of the Schuyler County Attorney. Vote: Passes 8-0. RESOLUTION NO. 389 Motion by Larison, Second by Bingell. RE: AMEND RESOLUTION NO. 304-05 TITLED “AUTHORIZE REVISION OF RECORDS MANAGEMENT PROGRAM” WHEREAS, Resolution No. 304-05 had the Records Manager position reporting to the County Administrator, and WHEREAS, it is now the recommendation of the County Administrator that said position now report to the County Clerk. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 304-05 be amended to change the Whereas to now read as follows with the change in Bold: “WHEREAS, it is the recommendation of the County Administrator and Human Resources Director that the Records Manager position be revised to assume the responsibilities of Records Management Officer, include grant writing and other administrative responsibilities, and report to the County Clerk”. Vote: Passes 8-0. RESOLUTION NO. 390 Motion by Larison, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR THE PURCHASE OF MOBILE COMMAND/911 TRAILER EMERGENCY MANAGEMENT WHEREAS, Resolution No. 333 authorized the Emergency Management Coordinator to advertise for bids for the Purchase of a Mobile Command/911 Trailer, and WHEREAS, bids were opened November 4, 2005 and reviewed with the recommendation being made by the Emergency Management Coordinator to accept the low bid in the amount of $119,600 from Mobile Concepts by Scotty. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign the above contracts, funding available in 3020.299-3021; subject to approval by the Schuyler County Attorney. Vote: Passes 8-0. RESOLUTION NO. 391 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPOINTMENTS – LABOR/MANAGEMENT COMMITTEE BE IT RESOLVED, that this Legislature approve the appointment of the following positions to the Labor/Management Committee for the years 2005 and 2006, to wit: Chairman of the Legislature County Administrator Human Resources Director Vote: Passes 8-0. RESOLUTION NO. 392 Motion by Yuhasz, Second by Larison. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE DEPUTY DIRECTOR OF COMMUNITY SERVICES WHEREAS, Schuyler County Community Services has a vacant Deputy Director of Community Services position, due to M. Shawn Rosno resigning. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledges the appointment by George Roets, Director of Community Services and Public Health, of Pamela G. Larnard as the Deputy Director of Community Services, at an annual salary of $46,500-prorated 21 hours per week = $27,900, effective ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 November 21, 2005, said position is in Grade Level H of the Management/Confidential Salary Plan. Vote: Passes 8-0. RESOLUTION NO. 393 Motion by Yuhasz, Second by Larison. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – FUND BALANCE BE IT RESOLVED, that the Tentative Budget for 2006 be altered and modified by the appropriation of $26,375 Fund Balance. Vote: Passes 8-0. RESOLUTION NO. 394 Motion by Yuhasz, Second by Larison. RE: AUTHORIZE CONTRACT WITH DIANE HABECK – HEALTH SERVICES WHEREAS, due to the resignation of Diane Habeck the Community Services and Public Health Departments is without a fiscal position, and WHEREAS, a Coordinator of Fiscal Operations and Budgetary Planning has been hired and would benefit from consultation with Diane Habeck, and WHEREAS, funds are available in the 2005 County budget account no. 4310.435 to pay for this service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Diane Habeck for consultation services at a rate of $75 an hour, in an amount not to exceed $2,000.00, starting immediately, through December 31, 2005; subject to the approval of the Schuyler County Attorney. Vote: Passes 8-0. UNFINISHED BUSINESS: None. NEW BUSINESS: The Clerk to the Legislature discussed the recent mailing the Legislative office received in regards to signing up for an optional year round Clothing Sales Tax Exemption. If Counties want to participate the deadline for signing up is fast approaching. Legislator Bleiler wanted to know what the financial impact was if the County decided to do it and was not willing to accept the exemption without knowing what impact it will cause. Legislator Slusser agreed. County Administrator O’Hearn said that if the County did not do anything then nothing will change. The County has budgeted based on current sales tax information. Legislator Slusser asked if we could get additional information. Legislator Bleiler indicated that there was a separate budget line showing the amount. Legislators Slusser moves for no motion to be taken on signing up for the exemption at this time. REPORT ON STANDING COMMITEES: Legislator Larison reported on the Fish & Wildlife Committee which he recently attended a conference. He reported that all DEC officers will be in uniform now. They will also have phones in their homes to find out about emergencies quicker. There is now a Habitat Stamp available and the cost is $5 for it. When someone purchases hunting or fishing licenses, money is allocated to each division. There are some projects near us that are being paid by these funds for handicap parking access. If anyone wants a Habitat Stamp they can get one without getting a hunting or fishing license. He also attended a meeting for the Conservation Department in regards to the Wet Lands being reduced to less than acre and there was some voting on this issue. Legislator Bleiler reported on the Human Services Committee. He announced that he is pleased with the Families First Program and will have more information to present in the near future. He offered a clarification of the Families First Program. He spoke of the Youth Board as it is kind of unique and is made up of people in the County interested in the development of youth in county. There is a State Law that requires certain agencies to participate (ie: probation, administer, cross section of County), but there is also youth on the board too. They have by-laws, etc. and he was pleased to announce that the 2006 president of the board will be Judah Baker who is a youth who has been active on the Board. He is very impressed that he will be the new president. Legislator Bingell reported on the Public Works Committee. She indicated that the Highway and Building and Grounds Departments are doing well and is pleased to make this announcement. Legislator Slusser reported on the Management & Finance Committee. He asked Administrator O’Hearn if the County’s proposed Budget was on the County website yet and if it was the performance based version. Administrator O’Hearn replied with a yes to both questions. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Legislator Bleiler notified the audience of the County website address: www.schuylercounty.us Legislator Fagan reported on the Community Development & Natural Resources Committee. He attended an informational session in the Town of Orange regarding a Windpower project which is a 25 million dollar project that is occurring in Steuben County. He heard all positive comments about the project which will be located in the Town of Hornby and Orange, which are in rural areas. This is a huge project for the County. The Environmental review will be out in the next few weeks. COUNTY ADMINISTRATOR’S REPORT: County Administrator O’Hearn let everyone know that the Performance Based Budget was on the website, it shows a .34% increase but this will change after this evening’s action. The Council of Government meeting is coming up this Wednesday, November 16, 2005. They will be presenting the draft agreement in regards the Board of Elections HAVA. Gordon Swarthout inquired if the paralegal position in the District Attorney’s office is an additional person. Chairman Gifford told him that this was not a new person, just a new title for an existing person. The Meeting adjourned: 9:17 pm Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk PUBLIC HEARING NOVEMBER 21, 2005 The November 21, 2005 Public Hearing for the Waneta/Lamoka Lakes Protection and Rehabilitation District was called to order at 6:25 p.m. by Chairman Gifford. All Legislators were present. County Attorney Coleman and County Administrator Timothy O’Hearn, were also present. No comments were made by the public. The Public Hearing adjourned at 6:30 p.m. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk PUBLIC HEARING NOVEMBER 21, 2005 The November 21, 2005 Public Hearing on the 2006 Tentative Budget was called to order at 6:30 p.m. by Chairman Gifford. All Legislators were present. County Attorney Coleman and County Administrator Timothy O’Hearn, were also present. Chairman Gifford received a letter from Professor Thomas Sinclair, MPA Director of the Binghamtom University, praising the County Budget process. He read the letter out loud. See copy of the letter in the meeting file. Administrator O’Hearn presented the budget through a PowerPoint format. He unveiled the 2006 budget. He indicated that it represents a significant advance. He gave thanks to the Legislature because of embracing the idea of a performance based budget. He is proud of the outcome. He also acknowledged his Confidential Secretary, Heather Lodge and the County Treasurer, Margaret Starbuck. The two of them put in tremendous effort in putting it into this format. He also gave thanks to Randy Deal for getting the Performance Based budget on the County website. There are very few governments that have reached this level. He also gave thanks to all Department Heads. In regards to the change of the budget, having a Performance Based budget takes it beyond just line items. It shows what we spend the money on by outcomes of spending. You should be able to pick up the Performance Based budget and you will see it is much smaller and easier to read. He indicated that in order to have reached this outcome, Department Heads divided up into teams to tackle this process in the beginning. They named themselves with the teams and as they moved forward each made progress. Stacy Husted, Clerk to the Legislature, made a presentation to discuss the Team she was on which named themselves, the REFORMERS. Her team was made up of small departments such as Civil Service, ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 Probation, Buildings & Ground, Records Management, Legislature and Purchasing. The team reformed the old version of the Performance Bused Budget into a template that had the first page for each department contain a budget summary in a table for each program title along with a mission statement at the top and a pie chart at the bottom. The following pages had a table template for program names, measures and outcomes. Tom Bloodgood, Director of Real Property Tax, made a presentation discussing his team called the REACTIONARIES. He shared a fun lymric to get everyone excited about the process. His team was involved in the defining of the programs and finding the meaning to measure them. They developed a guideline to identify the programs and how to measure them. He said it was a three step process: define the mission statement, take a look at what you are doing now, and third define the major function that defines the mission statement. They asked questions about the programs such as; Is it important? Is it Valuable? And is it valuable to the County members? Robert Dunphy, Office for the Aging Director, presented for his team called the REVOLUTIONARIES. His team was involved in measuring the programs. What does it cost and how well do we do it? Why we are here and what we are doing? There are over 30 departments in the County. We were clear to not re-invent the wheel, so we looked to other agencies to help with this process. An example of that is that we looked over the internet and reviewed United States Government website resources. He feels that they will be evolutionary over the years to come with what they have come up with for the budget. O’Hearn said that this was not your typical Budget presentation. He said he was very fortunate to be living in this community and working here too. He shared examples of typical County Government Budgets on PowerPoint as a comparison to Schuyler’s. He offered a sample of the Budget summary page. He discussed the challenge of matching up in the future of the performance. He gave an example of what you would see when you visit the Schuyler County Performance Based Budget on the web and how to navigate it on the site. He also had some discussion about the zero percent increase in the tax rate for 2006. He explained how the expenses and revenues are listed per department area. This helps tax payers see what you are paying per area of the County. He praised the District Attorney’s performance measures the he came up with and also reviewed the Probation Department. He then had some additional 2006 Budget overview highlights. He shared that the web based version conversion from word might not line up perfect but they are still working on it. He reviewed the reasons for the increase in the tax levy. Health insurance, fuel costs, highway reconstruction and rehabilitation are some of the reasons. The Board of Elections budget has an increase due to the Help America Vote Act (HAVA). In closing, O’Hearn said this is a tight budget for next year. The Legislature should be commended for their keen value of the dollar. There is no reduction of services, the tax rate is the same and we can improve on the overall quality of what we do. Harvey Bishop of Tyrone asked how the Town of Cayuta managed to drop their tax rate? O’Hearn explained that this is because of their equalization rate. It is assessment based. There is not a large value of home sales in that area. He suggested that Mr. Bishop speak to the Town Assessor. If everyone was assessed at the fair market value, property reevaluation, then the problem would go away. Mr. Bishop asked what impact the Star Exemption gives them? O’Hearn said it depends on if you are a senior or not. If you lower the equalization rate, then you lower your tax rate benefit. Chairman Gifford gave thanks to Administrator O’Hearn. The Public Hearing adjourned at 7:35 p.m. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk . SPECIAL MEETING NOVEMBER 21, 2005 The November 21, 2005 Special Meeting of the Schuyler County Legislature was called to order at 7:35 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Slusser and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator Timothy O’Hearn, was also present. PUBLIC PARTICIPATION: None. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 PUBLIC HEARING ON LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 5 OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE): None. RESOLUTION NO. 395 Motion by Bingell, Second by Larison. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 5 OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) 2. ADOPTION OF THE 2006 BUDGET Vote: Passes. 8-0. RESOLUTION NO. 396 Motion by Bingell, Second by Fagan. RE: LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 5 OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) WHEREAS, a proposed Local Law amending Local Law No. 2 of 2004 to revise an Empire Zone (Formerly Known as an Economic Development Zone) was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held November 21, 2005 at 7:37 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 6/Local Law No. 5 of the Year 2005, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 1/Local Law No. 5 of the Year 2005, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 5 OF THE YEAR 2005 BE IT ENACTED, by the Schuyler County Legislature of the County of Schuyler, New York, as follows: Section 1. By Local Law No. 12-2000, this Legislature authorized an applicant for the designation of an Economic Development Zone relative to certain land within Schuyler County. Section 2. That Local Law No. 1-2001, adopted January 30, 2001, amended Local Law 12-2000. Section 3. That the County of Schuyler has received Economic Development Zone approval from New York State. Section 4. By Local Law No. 1-2003, adopted on February 27, 2003, the Economic Development Zone was expanded. Section 5. By Local Law No. 2-2004, adopted on June 14, 2004, amended Local Law 1-2003. Section 6. It is the desire of this Legislature to authorize an application to revise the Economic Development Zone, now called an Empire Zone, to include 988.109 acres located in Schuyler County. Section 7. The County of Schuyler is hereby authorized to submit an application to revise the Empire Zone to include the property described in Section 7 of this Local Law. Section 8. The boundary of the Empire Zone, as described in Local Law No. 12-2000, Local Law No. 1- 2001, and Local Law 1-2003, shall be expanded to include the properties generally described In Appendix A attached: Section 9. The Commissioner of the New York State Department of Economic Development is hereby requested to revise the boundaries of the Empire Zone in accordance with this Local Law. Section 10. In all other respects, Local Law No. 12-2000, Local Law No. 1-2001, Local Law No. 1-2003, and Local Law No. 2-2004, shall remain in full force and effect. Section 11. This Local Law shall take effect upon filing in the Office of the Secretary of State. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 Vote: Passes. 8-0. RESOLUTION NO. 397 Motion by Bingell, Second by Fagan. RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2006 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 2006 would be held at 6:30 P.M. on November 21, 2005, in the upstairs Main Court Room of the Court House, Watkins Glen, NY, and WHEREAS, the above-mentioned Public Hearing was held on November 21, 2005 at said time and place. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2006 as presented by the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the Schuyler County Legislature, to raise $8,399,708.00 by tax levy, be adopted. Vote: Passes. 7-1. No: Karius DISCUSSION: Legislator Karius read from a statement giving the reason why she was voting no on the budget. She disagreed to giving more money to the Finger Lakes Wine County. See copy of the letter in the meeting folder. RESOLUTION NO. 398 Motion by Bingell, Second by Fagan. RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2006" WHEREAS, the Schuyler County Legislature by Resolution No. 397, dated November 21, 2005, has adopted a budget for fiscal year 2006. NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the column entitled "2006" as amended, be, and the same hereby are, appropriated for the objects and purposes specified, effective January 1, 2006. Vote: Passes. 8-0 RESOLUTION NO. 399 Motion by Bingell, Second by Fagan. RE: 2006 BUDGET OF $33,482,175.00: 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, 2005, 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, 2005 the required certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler County. Vote: Passes. 7-1. No: Karius PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:41 P.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk REGULAR MEETING DECEMBER 12, 2005 The December 12, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator Timothy O’Hearn, were also present. PUBLIC PARTICIPATION: None. 7:00 P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. 6 OF THE YEAR 2005 AUTHORIZING THE SCHUYLER COUNTY LEGISLATURE TO MAKE APPLICATION FOR ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RE-DESIGNATION OF CERTAIN AREAS WITHIN SCHUYLER COUNTY AS AN EMPIRE ZONE.: None. 7:05 P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 8 OF THE YEAR 2005/LOCAL LAW NO. OF THE YEAR 2006 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2006.: None. RESOLUTION NO. 400 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE NOVEMBER 9, 2005 SPECIAL MEETING, THE NOVEMBER 14, 2005 REGULAR MEETING, THE TWO NOVEMBER 21, 2005 PUBLIC HEARINGS, AND THE NOVEMBER 21, 2005 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the November 9, 2005 Special Meeting, the November 14, 2005 Regular Meeting, the two November 21, 2005 Public Hearings, and the November 21, 2005 Special Meeting of the Schuyler County Legislature be approved. Vote: Passes. 8-0. RESOLUTION NO. 401 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE OUT OF STATE TRAVEL FOR LISA MILLSPAUGH TO ATTEND A CONFERENCE IN ATLANTA, GEORGIA IN MARCH 2006 - PUBLIC HEALTH WHEREAS, New York State Association of County Health Officials (NYSACHO) is holding National Immunization Conference in Atlanta, George from March 6-9, 2006 and WHEREAS, NYSACHO covers the cost of the training and travel, and WHEREAS, traveling out of state requires Legislative approval. NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorize out of state travel for Lisa Millspaugh to attend the National Immunization Conference in Atlanta, Georgia, at no cost to the County, on March 6-9, 2006. Vote: Passes. 8-0. RESOLUTION NO. 402 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CREATION AND FILLING OF TWO FULL-TIME SENIOR DATA ENTRY MACHINE OPERATOR POSITIONS – PUBLIC HEALTH AND COMMUNITY SERVICES WHEREAS, the Public Health Department and the Community Services Department have two Data Entry Machine Operator positions that are shared equally between the departments, and WHEREAS, the job duties related to these positions have become increasingly more responsible since they were created, and WHEREAS, reclassification of these positions to titles that properly encompass the scope of the job duties currently being performed by the incumbents is warranted, and WHEREAS, there is funding available in the 2005 Public Health and Community Services budgets and the 2006 budgets to fund the new positions. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Director of Public Health and Community Services to create and fill two full-time Senior Data Entry Machine Operator positions, Grade XII at $12.80 per hour, to be shared equally between the two departments, effective December 12, 2005, and BE IT FURTHER RESOLVED, that the two Data Entry Machine Operator positions be abolished upon the filling of the Senior Data Entry Machine Operator positions. Vote: Passes. 8-0. RESOLUTION NO. 403 Motion by Yuhasz, Second by Bingell. RE: RECOGNIZE JANUARY 2006 AS CATARACT AWARENESS MONTH - PUBLIC HEALTH WHEREAS, cataracts are the leading cause of vision impairment worldwide, and WHEREAS, more than 20.5 million Americans age 40 and older have cataracts, and WHEREAS, technological advances have made most vision impairment from cataracts reversible, and WHEREAS, the American Academy of Ophthalmology and Eye MDs throughout the United State want all Americans to know the facts on cataracts and that they don’t have to live with vision impairment caused by cataracts. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes January 2006 as Cataract Awareness Month to help develop greater public awareness of the importance of eye care for the residents of Schuyler County. Vote: Passes. 8-0. RESOLUTION NO. 404 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH CORNELL COOPERATIVE EXTENSION FOR BIOTERRORISM PLANNING – PUBLIC HEALTH WHEREAS, bioterrorism planning continues to be required by the New York State Department of Health, and WHEREAS, Cornell Cooperative Extension is able to provide services relating to animal surveillance and epidemiology as part of the bioterrorism preparedness plan. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Cornell Cooperative Extension, effective September 1, 2005 through August 30, 2006 at an amount not to exceed $1,500, funds available in the Public Health Bioterrorism grant budget, account no. 4010.400-4030, at no local share cost, subject to approval by the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 405 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH SCHUYLER COUNTY EMERGENCY MANAGEMENT FOR BIOTERRORISM PLANNING – PUBLIC HEALTH WHEREAS, bioterrorism planning continues to be required by the New York State Department of Health, and WHEREAS, Schuyler County Emergency Management is able to provide services as required as part of the bioterrorism plan in conjunction with Department of Health requirements. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the Schuyler County Emergency Management Office, effective September 1, 2005 through August 30, 2006, at an amount not to exceed $7,000, funds available in the Public Health Bioterrorism Grant budget, account no. 4010.400-4030, with no local share cost, subject to approval by the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 406 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH ARNOT OGDEN MEDICAL CENTER FOR PRESCHOOL SERVICES FOR 2005 - 2006 – PUBLIC HEALTH WHEREAS, Schuyler County is required to provide preschool special education services and related therapy services to children determined to be in need of such services, and WHEREAS, Arnot Ogden Medical Center is able to provide the related therapy services (physical therapy, occupational therapy, and speech therapy) for children residing in Schuyler County, and WHEREAS, the rate for related therapy services will be $65.00 per 30 minute session. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Arnot Ogden Medical Center for the provision of children’s preschool therapy services, effective December 1, 2005 through June 30, 2006, renewable annually, funding available in the Public Health budget, account 2960.400, subject to approval by the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 407 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH WINSTEAD & SANDRITTER OCCUPATIONAL & PHYSICAL THERAPY, PLLC – PUBLIC HEALTH WHEREAS, the Home Health Agency requires the services of Physical Therapists from time to time, and WHEREAS, Winstead & Sandritter Occupational & Physical Therapy, PLLC is able to provide services as required, and WHEREAS, the Home Health Agency has funds available in the budget for the balance of 2005 and for 2006. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Winstead & Sandritter Occupational & Physical Therapy, PLLC, effective immediately through December 31, 2006, at an hourly rate of $60.00, funds available in the Public Health budget, covered by the Home Care revenues, subject to approval by the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 408 Motion by Larison, Second by Bingell. RE: AUTHORIZE INTERMUNICIPAL AGREEMENT WITH MONROE, LIVINGSTON, STEUBEN, YATES, SCHUYLER, CHEMUNG, ONTARIO, WAYNE AND SENECA COUNTIES - COMMUNITY SERVICES WHEREAS, the County Health Departments of the Finger Lakes area all have responsibilities for public health emergency planning and response, and WHEREAS, some public health problems may require public health services that exceed the capacities of the individual County Public Health Department, and WHEREAS, the County Health Departments of the Finger Lakes Counties are desirous of establishing an intermunicipal agreement to provide mutual aid to each other during a public health emergency. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Monroe, Livingston, Steuben, Yates, Chemung, Ontario, Wayne and Seneca Counties, effective July 1, 2005 through June 30, 2010, subject to approval by the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 409 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT EXTENSION WITH THE OFFICE OF NEW YORK STATE EMERGENCY MANAGEMENT OFFICE (SEMO) AND AUTHORIZE AGREEMENT WITH SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD TO COMPLETE THE HAZARD MITIGATION PLAN – EMERGENCY MANAGEMENT WHEREAS, Resolution 166-03 authorized the Schuyler County Emergency Management office to apply for funding under a Disaster Mitigation Planning Grant for Fiscal Year 2003 (FY03), and WHEREAS, the project completion deadline was September 30, 2005, and WHEREAS, Schuyler County has requested an extension to July 31, 2006 from New York SEMO and FEMA to complete the project, and WHEREAS, New York SEMO and FEMA has approved the requested for extension, and WHEREAS, the remaining grant funds will pay for an agreement with a contractor to work on completing this project, and WHEREAS, the Board has agreed to provide such contractor services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a grant contract extension to expire July 31, 2006 with the Office of New York SEMO, and any and all documents relative to Emergency Management hiring said contractor, funding available in account no. 3689.400-3690; subject to approval by the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 410 Motion by Larison, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR UNITED STATES HOMELAND SECURITY COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM (CEDAP) – EMERGENCY MANAGEMENT WHEREAS, the US Homeland Security is accepting applications for CEDAP, and WHEREAS, the Emergency Management Office wishes to apply for a Thermal Imaging Camera under this program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the US Homeland Security Commercial Equipment Direct Assistance Program (CEDAP), subject to the approval of the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 411 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPLICATION TO UNITED STATES TOBACCO COMPANY’S (USSTC), ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 OPERATION RANGER DONATION PROGRAM – EMERGENCY MANAGEMENT WHEREAS, the U.S. Tobacco Company is accepting applications for the Operation Ranger donation program to assist America’s emergency first responders, by providing a Polaris Ranger 6x6 utility vehicle to emergency service organizations, and WHEREAS, the Emergency Management Office wishes to apply for a Polaris Ranger 6x6 utility vehicle under this program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the U.S. Tobacco Company’s (USSTC), Operation Ranger Donation Program, subject to the approval of the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 412 Motion by Larison, Second by Bingell. RE: AUTHORIZE RENEWAL OF SERVICE AGREEMENT WITH MOTOROLA FOR THE 911 CONSOLES FOR 2006 - EMERGENCY MANAGEMENT WHEREAS, the renewal term of the Motorola service agreement has changed from thirteen months to twelve months so it will run concurrent with the calendar year, and WHEREAS, the service agreement has also decreased by $647.50 for a total annual amount of $14,415.60. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Motorola for the Emergency Management Department for 911 Console Maintenance for the term January 1, 2006 through December 31, 2006, in the amount of $14,415.60, funding available in the 2006 Emergency Management budget account no. 3689.435, subject to approval of the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 413 Motion by Larison, Second by Bingell. RE: AUTHORIZE FIVE-YEAR CONTRACT RENEWAL WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE FOR PATROL SERVICES IN THE FINGER LAKES FOREST – SHERIFF’S DEPARTMENT WHEREAS, the United State Department of Agriculture wishes to renew its contract with the Schuyler County Sheriff’s Department for a period of five years, and WHEREAS, this agreement will include renewable annual fiscal and operating plans. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign an agreement between the United States Department of Agriculture and the Schuyler County Sheriff’s Department to provide specialized law enforcement services for a total of $5,000.00 annually for the term of October 1, 2005 through September 30, 2010; subject to the approval of the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 414 Motion by Larison, Second by Bingell. RE: AUTHORIZE CREATION AND FILLING OF A FULL-TIME DEPUTY SHERIFF SERGEANT POSITION – SHERIFF’S DEPARTMENT WHEREAS, due to restructuring and reassignment of personnel within the Sheriff’s Department it is necessary to create a full-time Deputy Sheriff Sergeant position, and WHEREAS, it is necessary to have adequate supervision on nights and evening shifts, and WHEREAS, it is a liability for the County not to have adequate supervision of employees, and WHEREAS, the Sheriff intends to promote from within and will abolish the vacant Deputy Sheriff position that occurs when the promotion is made, and WHEREAS, funding is available in the 2006 budget due to reassignment of personnel. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Sheriff to create and fill a Deputy Sheriff Sergeant position in the Sheriff’s Department at an hourly rate of $16.37, effective January 1, 2006, and BE IT FURTHER RESOLVED, that the vacant Deputy Sheriff position created is hereby abolished. Vote: Passes. 8-0. RESOLUTION NO. 415 Motion by Larison, Second by Bingell. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RE: AUTHORIZE AGREEMENT WITH WESLEY ROE, ESQ. – PUBLIC DEFENDER’S OFFICE WHEREAS, the Public Defender’s Office anticipates receiving indigent legal services revenues for the year 2006 in the form of a $37,000.00 grant, and WHEREAS, due to various conflicts of interest, multiple defendants or multiple parties and overload cases, it would be beneficial to the county to enter into a contract for services with Attorney Wesley Roe. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Wesley Roe, Esq. for the Public Defender’s Office for conflicts of interest, multiple defendants or multiple parties and Public Defender’s Office overload cases for the period January 1, 2006 to December 31, 2006, at a rate of $2,500.00 per month plus mileage, funding available in the 2006 Public Defender’s Office budget account no. 1170.400-Contractual Services ILSF (mileage available in account number 1170.430); subject to approval of the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 416 Motion by Bleiler, Second by Larison. RE: AUTHORIZE THE CREATION AND FILLING OF A EMPLOYMENT PROGRAM SPECIALIST POSITION IN THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, the federal government provides 50% of the cost of Temporary Assistance for Needy Families (TANF) payments, with the state and local government each being responsible for 25% of the cost, and WHEREAS, the federal government has established a five-year time limit for TANF, and WHEREAS, Article XVII of the New York State Constitution requires the state to care for those in need, and WHEREAS, any TANF recipient who exceeds the five-year federal limit will become the responsibility of the state and local government for such assistance as is needed, meaning a 50% state share and a 50% local share, and WHEREAS, the Schuyler County Department of Social Services assists recipients of TANF payments in obtaining gainful employment in order to reduce the client’s dependence on the government for assistance, and WHEREAS, funding is available in 2006 from the state and federal governments through the Flexible Fund for Family Services to pay for the entire cost of a new position to assist TANF recipients in obtaining employment, and WHEREAS, funds are budgeted for the position in the Department’s 2006 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Commissioner of Social Services to create and fill a Employment Program Specialist position at Grade XXI at a 2006 rate of $15.83 an hour, effective January 1, 2006, subject to availability of 100% state and federal funding, and BE IT FURTHER RESOLVED, that this new position will be reviewed by the Human Services committee twelve months after it is filled to determine its effectiveness. Vote: Passes. 8-0. RESOLUTION NO. 417 Motion by Bleiler, Second by Larison. RE: AUTHORIZE CERTIFICATION OF THE 2004 COST ALLOCATION PLAN – SOCIAL SERVICES BE IT RESOLVED, that the Schuyler County Legislature hereby accept the 2004 Cost Allocation Plan prepared by DMG Maximus for Schuyler County Department of Social Services’ claiming of county-wide administrative costs and maintenance in lieu of rent in 2006, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to certify the plan to the NYS Office of Temporary and Disability Assistance. Vote: Passes. 8-0. RESOLUTION NO. 418 Motion by Bleiler, Second by Larison. RE: AMEND 2005 BUDGET FOR DAY CARE SUBSIDY AND HEAP PROGRAMS – SOCIAL SERVICES WHEREAS, the Department of Social Services expects to exceed its 2005 budgets for Day Care and HEAP, and WHEREAS, the department expects increased revenue for these accounts. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following changes in the Department of Social Services 2005 Budget: AMOUNT ACCOUNT NO. DESCRIPTION +$80,000 6055.400 Day Care +$80,000 6141.400 HEAP +$80,000 6055-4655 Day Care Revenues +$80,000 6141-4641 HEAP Revenues Vote: Passes. 8-0. RESOLUTION NO. 419 Motion by Bleiler, Second by Karius. RE: AUTHORIZE AGREEMENT WITH CORNELL COOPERATIVE EXTENSION FOR PINS DIVERSION SERVICES – SOCIAL SERVICES WHEREAS, the Department of Social Services has been designated as lead agency for PINS Diversion and WHEREAS, the Department of Social Services has funds available through the Flexible Fund for Family Services to pay for a Parenting Educator through Cornell Cooperative Extension to provide services designed to reduce the number of PINS Diversion referrals. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract between the County’s Department of Social Services and the Cornell Cooperative Extension in the amount of $7,500 for the services of a Parenting Educator for the period October 1, 2005 through December 31, 2005, funding available in the Department of Social Services account no. 6010.522; subject to approval by the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 420 Motion by Bleiler, Second by Karius. RE: AUTHORIZE 2005-2006 AGREEMENT WITH CORNELL COOPERATIVE EXTENSION FOR THE FOOD STAMP NUTRITION PROGRAM – SOCIAL SERVICES WHEREAS, the New York State Office of Temporary and Disability Assistance by letter dated October 5, 2005 notified the Department of Social Services of the approval of Cornell Cooperative Extension’s Food Stamp Nutrition Plan (FSNEP) program in the amount of $191,500 ($95,750 non-federal funds and $95,750 federal funds) for the period October 1, 2005 through September 30, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract between the Department of Social Services and Cornell Cooperative Extension for the New York State Food Stamp Nutrition Education Plan for the period October 1, 2005 through September 30, 2006, funding available in the Department of Social Services account no. 6010.566; subject to approval by the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 421 Motion by Bleiler, Second by Karius. RE: AUTHORIZE AGREEMENT WITH THE YOUTH BUREAU FOR YOUTH COURT SERVICES – SOCIAL SERVICES WHEREAS, the Department of Social Services has been designated as lead agency for PINS Diversion, and WHEREAS, the Department has funds available through the Flexible Fund for Family Services to pay for expanded youth court services through the Schuyler County Youth Bureau, and WHEREAS, this program will serve the TANF purpose to prevent and reduce the number of unnecessary and costly use of detention services for young children. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract between the Department of Social Services and the Schuyler County Youth Bureau in the amount of $13,500 for youth court services for the period January 1, 2006 through December 31, 2006; funding available in the Department of Social Services account no. 6010.552; subject to approval by the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 422 Motion by Bleiler, Second by Yuhasz. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RE: AUTHORIZE AGREEMENT WITH THE YOUTH BUREAU FOR TWO CRISIS PREVENTION WORKERS – SOCIAL SERVICES WHEREAS, the Department of Social Services has been designated as lead agency for PINS Diversion, and WHEREAS, the Department of Social Services has funds available through the Flexible Fund for Family Services to contract with the Schuyler County Youth Bureau for PINS Diversion services to include two Crisis and Prevention (CAP) workers dedicated to the immediate crisis response of youth and their families, and WHEREAS, there has been an increase in the number of older teens being referred for PINS petitions, and WHEREAS, there is a need to pay special attention to not only the needs of this older group of children, but to work diligently within the family to forestall the possible derivative effects of disruption on younger siblings. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract between the Department of Social Services and the Schuyler County Youth Bureau in the amount of $100,000 for the PINS Diversion services to include two CAP workers for the period January 1, 2006 through December 31, 2006; funding available in the Department of Social Services account no. 6010.552; subject to approval by the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 423 Motion by Bleiler, Second by Yuhasz. – AS AMENDED BY RESOLUTION NO. 128-06 E: AMEND RESOLUTION NO. 423-05 TITLED - AUTHORIZE 2005-2006 AGREEMENT WITH THE WATKINS GLEN YOUTH CENTER (CATHOLIC CHARITIES) FOR AN AFTER SCHOOL PROGRAM – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services has a contract with the Watkins Glen Youth Center (Catholic Charities) for an after school program, and WHEREAS, this contract is currently funded by the Flexible Fund for Family Services (FFFS), allocated for Temporary Assistance for Needy Families, and WHEREAS, under the Flexible Fund for Family Services (FFFS) the same funding can be used for PINS/JD Prevention without regard to family income, and WHEREAS, Schuyler County’s teen pregnancy rate for 15-19 year olds is 58.2/1000, and WHEREAS, the Schuyler County Legislature wishes to reduce the incidents of teenage pregnancy in the County as outlined in it’s Families First Expansion Plan, and WHEREAS, the Watkins Glen Youth Center, (Catholic Charities), a local services facility, provides enhanced programs in such areas as homework assistance, domestic violence prevention, mentoring and other positive role modeling services for children at or at risk of early pregnancy. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amended agreement between the Department of Social Services and the Watkins Glen Youth Center, (Catholic Charities) in the amount of $10,000 for the period September 1, 2005 through June 30, 2006; funding available in the Department of Social Services account no. 6010.552; subject to approval by the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 424 Motion by Bleiler, Second by Yuhasz. RE: RESOLUTION URGING NEW YORK STATE TO USE AN ASSET TEST TO DETERMINE THE ELIGIBILITY OF HEAP APPLICANTS – SOCIAL SERVICES WHEREAS, the Low-Income Home Energy Assistance Program (HEAP) is a federally funded energy assistance program that provides assistance with heating bills to income eligible households helping them to cope with the higher fuel bills of winter, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, with the anticipated increase in fuel costs this year, Schuyler County will be trying to accommodate many more people and would like to be sure those needing the assistance will be able to receive it, and WHEREAS, New York State is the applicant and administrator of this federally funded program and has the ability to use an asset test to determine eligibility, which it does not do. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges New York State to begin using an asset test to determine eligibility for potential clients therefore making those most in need able to utilize the funding first, and BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to Senator George H. winner, Jr., Thomas F. O’Mara, and the New York State Association of Counties. Legislator Fagan asked if it had been determined if this was intended to look beyond household income. County Administrator O’Hearn replied, by saying yes, but it depended on the type of award. The history of applicants in Schuyler was reviewed and no one has missed the deadline. The current pool of money has always covered all applicants. This year will be different because there is a hardship with money being available to the number of applicants. Legislator Fagan said that it sounded like the information is too difficult to clarify in resolution. Vote: Passes. 8-0. RESOLUTION NO. 425 Motion by Fagan, Second by Bingell. RE: LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. 6 OF THE YEAR 2005 AUTHORIZING THE SCHUYLER COUNTY LEGISLATURE TO MAKE APPLICATION FOR RE-DESIGNATION OF CERTAIN AREAS WITHIN SCHUYLER COUNTY AS AN EMPIRE ZONE WHEREAS, Local Law Intro. No. 7/Local Law No. 6 of the Year 2005 Authorizing the Schuyler County Legislature to make Application for Re-designation of Certain Areas within Schuyler County as an Empire Zone was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held December 12, 2005 at 7:05 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 7/Local Law No. 6 of the Year 2005, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 7/Local Law No. 6 of the Year 2005, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. 6 OF THE YEAR 2005 BE IT ENACTED, by the Legislature of the County of Schuyler, as follows: Section 1. SCOPED is hereby authorized and empowered to submit an application for redesignation of certain areas within Schuyler County as an Empire Zone; provided, however, that such authorization and empowerment shall be conditioned upon the concurrence, through properly adopted resolution(s) with respect to such application of the governing bodies of any and all towns and villages in which such zone is located. Section 2. The boundaries of said areas to be included in said Empire Zone shall be as set forth in Schedule A, which is on file in the meeting folder. Section 3. Pursuant to requirements of Section 963(a) of the General Municipal Law, the County Administrator shall continue to serve as the Local Empire Zone Certification Officer of Schuyler County Empire Zone, and shall, pursuant to the regulations promulgated pursuant to Article 18-B of the General Municipal Law, perform the following duty, to wit: certify, jointly with the New York State Commissioner of Economic Development and the New York State Commissioner of Labor, those businesses enterprises that are eligible to receive those benefits referred to in Section 966 of the General Municipal Law, and any other applicable statutes. Section 4. Pursuant to Article 18-B of the General Municipal Law, the Local Empire Zone Administrative Board as presently constituted is hereby continued. The Local Empire Zone Administrative Board, pursuant to Section 963(a) of the General Municipal Law, as amended, shall approve for certification by the Zone Certification Officer, the New York State Commissioner of Economic Development, and the New ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 York State Commissioner of Labor, the applications of those businesses eligible for certification to receive the benefits referred to in Section 966 of the General Municipal Law, and shall perform all other duties required of it pursuant to Section 963(b) of the General Municipal Law. Section 5. This local law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law. Vote: Passes. 8-0. RESOLUTION NO. 426 Motion by Karius, Second by Fagan. RE: AGREEMENT TO BE LOCAL SPONSOR FOR SNOWMOBILE TRAILS GRANT APPLICATION FOR SNOWMOBILE CLUBS FOR 2005-2006 WHEREAS, four local snowmobile Clubs in the county wish to use the Schuyler County Government as their authorized local sponsor for their grants, and WHEREAS, the Planning Department would be the administrator of the grants and the County Treasurer would administer the grant funds, and WHEREAS, the Snowmobile Clubs will carry $1,000,000 in insurance with a copy filed in the Planning Office, and WHEREAS, the Department of Environmental Conservation (DEC) will issue the trail permits to the Snowmobile Clubs with the idea that there will be less needed grooming maintenance for the trails. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to be the authorized local sponsor for four local Snowmobile Clubs in the county in the pursuit of Snowmobile Trails Grant funds, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the 2005-2006 grant application. DISCUSSION: Legislator Slusser asked why the County Planning Department was not the sponsor of the Snowmobile Grant Application. Legislator Fagan indicated that historically they write the grants. Legislator Bleiler said that the Planner Department is actually the Administrator of the program for the person that is writing the grant. Legislator Slusser then asked if the dispute with the Landowners and the Snowmobile Clubs had been resolved. Legislator Bleiler replied that nothing official in the form of a complaint had been noted. No one had registered a formal complaint at this point. Vote: Passes. 8-0. RESOLUTION NO. 427 Motion by Karius, Second by Fagan. RE: RESOLUTION DISCONTINUING AN APPLICATION FEE FOR NON-COMPETITIVE, LABOR, AND EXEMPT POSITIONS – CIVIL SERVICE WHEREAS, Resolution 322-89 authorized the Schuyler County Civil Service Department to impose a $5.00 application fee for examination and non-competitive positions, and WHEREAS, Resolution 441-02 increased the application fee for non-competitive and labor positions to $10.00, and WHEREAS, the imposition of said fees has created a financial hardship for residents of the county and has been a detriment for recruiting for part-time, substitute, and entry-level positions, WHEREAS, the fee charged for applications is controlled by the local governing body, not New York State Civil Service Law or Rules. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approve a change to allow the Schuyler County Civil Service Department to immediately discontinue charging an application fee for non-competitive, labor, and exempt positions, and BE IT FURTHER RESOLVED, that the current fees of $15 for competitive examinations and $25 for Uniformed Officer examinations remain at their current level. Vote: Passes. 8-0. RESOLUTION NO. 428 Motion by Bingell, Second by Fagan. RE: LOCAL LAW INTRO. NO. 8 OF THE YEAR 2005/LOCAL LAW NO. OF THE YEAR 2006 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2006 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, Local Law Intro. No. 8 of the Year 2005/Local Law No. of the Year 2006 Setting Salaries for Certain Public Officers for the Year 2006 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held December 12, 2005 at 7:00 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 8 of the Year 2005/Local Law No. of the Year 2006, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 8 of the Year 2005/Local Law No. of the Year 2006, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 8 OF THE YEAR 2005/LOCAL LAW NO. OF THE YEAR 2006 A Local Law Setting Salaries for Certain Public Officers for the Year 2006. Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the following adjustments of salaries for the public officers listed below shall be in the amounts herein stated effective January 1, 2006. 2. The following public officers are subject to the provisions hereof: County Administrator $83,634 Personnel Officer $42,593 County Attorney $51,427 Assistant County Attorney $68,548 Assistant County Attorney $61,264 Conf. Sec’y. to County Attorney $39,021 Commissioner of Social Services $61,603 Clerk of the Legislature $40,171 Deputy Clerk of the Legislature $33,138 Real Property Tax Director $50,469 Public Defender $75,849 Assistant Public Defender $37,925 Commissioner of Board of Elections $ 8,000 Commissioner of Board of Elections $ 8,000 Deputy Comm. of Board of Elections $28,500 Deputy County Treasurer $33,276 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: Passes. 8-0. RESOLUTION NO. 429 Motion by Karius, Second by Fagan. RE: AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax receipts for the period April 1, 2005 through September 30, 2005, pursuant to Section 261 of the New York State Tax Law, and the same has been apportioned to the various municipalities thereto. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to pay the respective towns and villages of Schuyler County those amounts listed on Exhibit attached hereto. Vote: Passes. 8-0. RESOLUTION NO. 430 Motion by Bingell, Second by Bleiler. RE: SET DATE - 2005 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the final meeting of the year 2005 for the Schuyler County Legislature be held on Wednesday, December 28, 2005, in the Legislative Chambers at 9:30 a.m. and that appropriate legal notice be published in the official newspaper of the County. Vote: Passes. 8-0. RESOLUTION NO. 431 Motion by Bingell, Second by Bleiler. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RE: SET DATE - 2006 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the 2006 Organizational Meeting of the Schuyler County Legislature shall be held on Tuesday, January 3, 2006 in the Legislative Chambers at 9:30 a.m. and that appropriate legal notice be published in the official newspaper of the County. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Vote: Passes. 8-0. RESOLUTION NO. 432 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CONTRACT RENEWAL WITH RSVP FOR MEDICAL TRANSPORTATION FOR VARIOUS COUNTY DEPARTMENTS FOR 2006 WHEREAS, several Schuyler County departments utilize the services of RSVP for volunteer drivers for medical transportation needs and for other volunteer services, and WHEREAS, it is desirable to have one contract, which encompasses all county departments versus having separate contracts for each department. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a Memorandum of Understanding with RSVP for volunteer drivers for medical transportation needs and for other volunteer services to be used by various county departments, the only cost being mileage reimbursement set at the prevailing rate established by the Internal Revenue Service (IRS), for the term January 1, 2006 through December 31, 2006; subject to approval of the Schuyler County Attorney. DISCUSSION: Legislator Slusser inquired if everyone was aware that the IRS rates will be decreasing as of January 1st 2006. County Administrator O’Hearn replied that he was aware of the new rates and changes. Vote: Passes. 8-0. RESOLUTION NO. 433 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH COUGHLIN & GERHART, LLP FOR LEGAL SERVICES - HUMAN RESOURCES BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Couglin & Gerhart, LLP for legal services for the Human Resources Department for the term December 1, 2005 through December 31, 2006 at the following rates:  $600/month retainer to provide general labor and personnel questions, updates on significant Statutes, one professional development in-service  $125/hour for Associate; $175/hour for Partner to provide services relative to litigation, labor negotiations, hearings  Any remaining retainer, then $150/hour for Associate and Partner to review and make modifications to Policies and Procedures manual, and BE IT FURTHER RESOLVED, that funding for said agreement is available in the 2006 Human Resources Budget account no. 1430.435; agreement subject to approval of the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 434 Motion by Larison, Second by Bingell. RE: RESCIND RESOLUTION NO. 358-05/AUTHORIZE STIPULATION AGREEMENT WITH SCHUYLER COUNTY DEPUTY SHERIFF’S ASSOCIATION BE IT RESOLVED, that Resolution No. 358-05 titled “Authorize Stipulation Agreement with the Schuyler County Deputy Sheriffs’ Association” be hereby rescinded. Vote: Passes. 8-0. RESOLUTION NO. 435 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH JACOBSON’S STEEL WORKS – BUILDINGS AND GROUNDS WHEREAS, the District Attorney’s office has been remodeled and a new handicapped entrance ramp installed, and WHEREAS, the ramp requires handrails to be in compliance with the American Disability Act. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Jacobson’s Steel Works for the fabrication and installation of aluminum handrails for the amount of $5,200.00 to be paid from the Capital reserve account 004-0004-0878; contract subject to approval by the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 436 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CONTRACT EXTENSION WITH THE OFFICE OF NEW YORK STATE PARKS, ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RECREATION AND HISTORICAL PRESERVATION – BUILDINGS & GROUNDS WHEREAS, Resolution 58-03 authorizes a contract for New York State Clean Water/Clear Air Act Funds for Seneca Harbor Park that was to expire March 31, 2005, and WHEREAS, said funds were used for Seneca Harbor Park Phase II construction, and WHEREAS, Phase II construction came in under budget, and WHEREAS, the New York State Parks, Recreation and Historical Preservation has approved the use of the remaining funds to be used on Seneca Harbor Park Phase III work to be done this summer, and WHEREAS, it took more time than originally planned to obtain required permits for Phase III, which therefore delays construction until 2006, and WHEREAS, Resolution 97-05 extended the contract with New Your State Parks, Recreation and Historical Preservation to December 31, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a grant contract extension to expire December 31, 2006 with the Office of New York State Parks, Recreation and Historical Preservation; subject to approval by the Schuyler County Attorney. Vote: Passes. 8-0. RESOLUTION NO. 437 Motion by Bingell, Second by Bleiler. RE: ADOPT BUILDING TEMPERATURE POLICY - BUILDINGS AND GROUNDS WHEREAS, it is prudent to be conservative in the expenditure of County, State, and Federal funding, and WHEREAS, the County has no policy set to govern the control of building temperatures, and WHEREAS, this procedure would be more efficiently achieved by a governing policy. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislator hereby adopts the following Building Temperature Policy to be implemented by the Buildings and Grounds Department. Schuyler County Building Temperature Policy In an effort to be cost conservative as well as recognizing the human element, when setting and controlling building temperatures, the following policy is set for all buildings heated and cooled with tax dollars. Policy Back Ground The American Society of Heating, Refrigerating, and Air-condition Engineers (ASHRAE) Standard 55- 2004 titled, “Thermal Environmental Conditions for Human Occupancy”, specifies the combinations of indoor space environment and personal factors that will produce thermal comfort conditions acceptable to 80% or more of the occupants within a space. The 1992 version of the standard recommended the following temperatures: 68 to 74oF degrees during the winter and 73 - 79 oF degrees in the summer. The standard also recommends that relative humidity be maintained between 30 and 60 percent. When these guidelines are written into OGS (Office of General Services) leases, building owners are required to ensure these thermal parameters are met. Office of General Services has voluntarily adopted the 1992 standard for state owned buildings. In addition, NYS Building Code section PM602.4 requires that indoor work spaces shall be supplied with heat from September 15th to May 31st and maintain a minimum temperature of 65oF when spaces are occupied. Policy A. Each building will be set to maintain 70oF in the heating season and 76oF in the cooling season. 1. Some buildings have multiple heating/cooling zones which for their inherent mechanical differences may make some areas warmer or cooler than others, but all attempts will be made to be consistent. 2. When a majority of a building or zone runs at the set temperature any area that is in that building or zone with a + or - of 2o of the set temperature will be deemed to be an acceptable temperature. B. No electric space heaters are allowed, except when the following criteria have been met. 1. When a written complain is filed about an area of a building being too cold or too hot, the Schuyler County Building Maintenance Supervisor will monitor the area for one week to track the temperatures. If the parameters set in the above section cannot be met by ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 further adjustment to the heating/ cooling system, the Building Maintenance Supervisor will provide an alternate heating/cooling source. 2. When an electric heater is allowed, it is not allowed to be under a desk or any other confined area. The electric heater must be kept in a position so as to not create a tripping hazard or where papers or other combustibles may fall on it. 3. Any unauthorized electric heater will be removed by the Building Maintenance Supervisor and upon request of the owner, will be returned to be taken home. C. When a building has a fully automated heating/cooling system, windows are not allowed to be opened. Opening windows can cause an imbalance of the system causing it to over heat or over cool the zone. 1. If a window is observed or reported open the Building Maintenance Supervisor will notify in writing the occupant of the room to keep the window closed. 2. If an occupant continues to open the window after notification the Building Maintenance Supervisor may turn that particular zone off to conserve energy and tax dollars. DISCUSSION: Legislator Slusser inquired if there were still any open ends or clarifications needed on this new policy. County Administrator O’Hearn replied that he had received clarifications from the Buildings and Grounds Maintenance Supervisor in regards to the section where the policy refers to “fully automated heating/cooling system” and windows not being allowed to be opened. This was referring to the Mill Creek Center and County Courthouse and the Courthouse addition only. Legislator Larison said that it should say that in the resolution. O’Hearn said that this would be an option and that could be added. Legislator Larison said that he was not supporting the resolution if it was not listed in that way. Legislator Bingell said that the County building was not fully automated, so this was not ambiguous. Legislator Fagan reminded the Legislators that with the building study, the heating and cooling will be addressed in regards to the heating issues and concerns. Legislator Larison said he would like to move to table this resolution. Vote: Passes. 8-0. RESOLUTION NO. 438 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS – BUILDINGS AND GROUNDS WHEREAS, account no. 1620.490-Subcontracts in the Buildings and Grounds 2005 budget is over- expended, and WHEREAS, there are funds available in account no. 7110-Seneca Harbor Park to be transferred. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to make the following transfers. AMOUNT ACCOUNT NO. DESCRIPTION 1,541.33 7110.427 Maintenance Supplies 200.00 7110.490 Subcontracts +$1,741.33 1620.490 Subcontracts Vote: Passes. 8-0. RESOLUTION NO. 439 Motion by Karius, Second by Fagan. RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO CHARGED ON THE JANUARY, 2006, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE WHEREAS, the Town of Hector is desirous of having those delinquent in payment of water bills be charged on the 2006 Town and County tax bill, per Town resolution No. 213, as a separate item for the amount of the arrears. NOW, THEREFORE, BE IT RESOLVED, that the delinquent water bills for the Town of Hector be added to the January, 2006, Town and County tax bills as a separate item for the amount of the arrears, provided by Town Law, Article 12, Paragraph 198. Vote: Passes. 8-0. RESOLUTION NO. 440 Motion by Karius, Second by Fagan. RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2006, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, certain property owners in the Town of Reading are delinquent in paying their sewer and water bills, and WHEREAS, the Town of Reading is desirous of having those delinquent in payment of sewer and water bills be charged on the 2006 Town and County tax bills as shown in the Town of Reading Resolution No. 63. NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of Reading be added to the January, 2006, Town and County tax bill as a separate item for the arrears, as provided by Town Law Section 198, subsection 1 Vote: Passes. 8-0. RESOLUTION NO. 441 Motion by Karius, Second by Fagan. RE: DESIGNATE SCHUYLER COUNTY AS LEAD AGENT FOR SEQR REVIEW FOR THE SCHUYLER COUNTY EMPIRE ZONE BOUNDARY REVISION WHEREAS, Schuyler County applied for and received designation as an Empire Zone, effective June 5, 2002, and WHEREAS, the County is eligible to amend the boundaries of the Zone on an annual basis through the boundary revision application process, and WHEREAS, the boundary revision application process requires the county to complete a New York State Environmental Quality Review (SEQR) for final determination. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County shall serve as the lead agency in completing the SEQR associated with the Schuyler County Empire Zone boundary revision application. Vote: Passes. 8-0. RESOLUTION NO. 442 Motion by Larison, Second by Bingell. RE: APPOINTMENT - SCHUYLER CHIEF ASSISTANT DISTRICT ATTORNEY – 2006-2009 BE IT RESOLVED, that this Legislature acknowledges the appointment by the 2006 District Attorney Elect, Joseph Fazzary of Matthew C. Hayden as Chief Assistant District Attorney for a four-year term commencing January 1, 2006 and ending December 31, 2009 at an annual salary of $63,422. Vote: Passes. 8-0. RESOLUTION NO. 443 Motion by Larison, Second by Bingell. RE: APPOINTMENT - SCHUYLER ASSISTANT DISTRICT ATTORNEY – 2006-2009 BE IT RESOLVED, that this Legislature acknowledges the appointment by the 2006 District Attorney Elect, Joseph Fazzary of Peter F. Finnerty as Assistant District Attorney for a four-year term commencing January 1, 2006 and ending December 31, 2009, at an annual salary of $22,278. Vote: Passes. 8-0. RESOLUTION NO. 444 Motion by Larison, Second by Bingell. RE: APPOINTMENT – HIGHWAY SUPERINTENDENT - 2006-2009 BE IT RESOLVED, that Gregory S. Mathews be appointed Highway Superintendent for a four-year term commencing January 1, 2006 and ending December 31, 2009, at an annual salary of $55,060. Vote: Passes. 8-0. RESOLUTION NO. 445 Motion by Larison, Second by Bingell. RE: APPOINTMENT – DEPUTY HIGHWAY SUPERINTENDENT – 2006-2009 BE IT RESOLVED, that this Legislature acknowledges the appointment pursuant to County Law Section 725 by the Highway Superintendent, Gregory S. Mathews of Rodney Jaynes as Deputy Highway Superintendent for the period commencing January 1, 2006 and ending December 31, 2009, at an annual salary of $44,426. Vote: Passes. 8-0. RESOLUTION NO. 446 Motion by Larison, Second by Bingell. RE: APPOINTMENT – UNDERSHERIFF – 2006-2009 BE IT RESOLVED, that this Legislature acknowledges the appointment pursuant to County Law Section 652 by the 2006 Sheriff Elect, William E. Yessman, Jr. of Breck A. Spaulding as Undersheriff for the period commencing January 1, 2006 and ending December 31, 2009, at an annual salary of $47,008, and BE IT FURTHER RESOLVED, that Breck A. Spaulding be appointed Stop DWI Coordinator for Schuyler County, effective January 1, 2006, at an annual rate not to exceed $5,000. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Vote: Passes. 8-0. RESOLUTION NO. 447 Motion by Larison, Second by Bingell. RE: ACCEPT DONATIONS FOR THE FIRE CAUSE AND ORIGIN TEAM AND AMEND THE 2005 BUDGET – EMERGENCY MANAGEMENT WHEREAS, the fire cause and origin team operates out of the Emergency Management Office to, assist the Fire Departments with the investigation of fires, and WHEREAS, the Emergency Management Office has received a donation in the amount of $500.00 on behalf of the fire cause and origin team. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorize the Schuyler County Emergency Management Office to accept donations on behalf of the fire cause and origin team, said funds to be used for necessary supplies for the team, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the Emergency Management 2005 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$500.00 3689.438 Supplies +$500.00 3689-1589 Other Public Safety Dept. Income Vote: Passes. 8-0. RESOLUTION NO. W/D RE: ACCEPT 2005 TAX AUCTION BID – TREASURER’S OFFICE - WITHDRAWN WHEREAS, the Schuyler County Treasurer is holding a tax deed on a certain property in which the original accepted bidder from the October 8, 2005 tax auction has chosen not to make payment on, and WHEREAS, the second bid on said property needs to be accepted. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts the following bid to wit: BIDDER'S NAME: Bert Gildersleeve BIDDER'S ADDRESS: 4135 Tichenor Rd. Hector, NY 14841 AMOUNT OF BID: $7,600.00 FORMER OWNER: Trans Allied Corporation TAX MAP 44.19-1-12 PARCEL ID NUMBER: 402-9024-00 LOCATION: Commercial Property at 3817 Main Street Burdett, NY 14818, and BE IT FURTHER RESOLVED, the Schuyler County Attorney is directed to prepare appropriate deed 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 deed and attending documents and the Schuyler County Treasurer is authorized to deliver such deed and attending documents upon full payment of the bid purchase price balance to the County of Schuyler. RESOLUTION NO. 448 Motion by Bingell, Second by Larison. RE: AUTHORIZE STIPULATION AGREEMENT WITH THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) ADMINISTRATIVE UNIT BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Stipulation Agreement with the CSEA Administrative Unit, as drafted and approved by the County Administrator and Human Resources Director. Vote: Passes. 8-0. RESOLUTION NO. 449 Motion by Larison, Second by Bingell. RE: MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two Resolutions be brought to the floor. Vote: Passes. 8-0. RESOLUTION NO. 450 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE FARE INCREASE FOR BUS TRANSPORTATION ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, a recent review of the cost to provide bus transportation in Schuyler County indicates that a fare increase is warranted, and WHEREAS, a public hearing was held in regards to the proposed increase and it was agreed that an increase was more favorable than reducing any service. NOW, THEREFORE, BE IT RESOLVED, that the First Transit bus transportation fares charged for Schuyler bus routes 1, 2 and 3 be increased from $48.00/month to $72.00/month and $2.00/trip to $3.00/trip effective January 1st, 2006. DISCUSSION: Legislator Fagan asked what was decided on about riders using College ID cards. Administrator O’Hearn said after discussing this with Chemung Transit this needs to remain the same, no intent to change the current structure of Cornell’s policy. Legislator Fagan asked O’Hearn if he would notify Cornell University of the intent to make the changes. Administrator O’Hearn said he would do so. Vote: Passes. 8-0. RESOLUTION NO. 451 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE APPLICATION AND DESIGNATE SCHUYLER COUNTY AS LEAD AGENCY FOR AN INTER-MUNICIPAL SHARED SERVICES GRANT FOR CENTRALIZED RECORDS MANAGEMENT IN SCHUYLER COUNTY WHEREAS, within Schuyler County, all political subdivisions are required to manage and retain public records, and WHEREAS, the Village of Watkins Glen, Towns of Dix and Hector, Watkins Glen Central School District, and Schuyler County Government each maintain separate facilities and personnel devoted to this task, and WHEREAS, each of the aforementioned political subdivisions is currently experiencing difficulties either allocating space or human resources in the accomplishment of this vital function, and WHEREAS, each of the aforementioned political subdivisions desires to consolidate both the storage and management of records in a central location, and WHEREAS, the New York State Department of State has made available funding through the Shared Municipal Services Incentive Grant Program, and WHEREAS, as a requirement of this Grant a lead applicant must be designated. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature assumes the responsibility of lead applicant for the purpose of accessing the necessary funds to develop a central repository for records management, and BE IT FURTHER RESOLVED, said Legislature designates Timothy O’Hearn, County Administrator as the lead applicant Contact Person authorized to execute all financial and/or administrative processes relating to the grant program. Vote: Passes. 8-0. NEW BUSINESS: Chairman Gifford spoke about the letter he received from the Steuben Industrial Development Agency regarding a Windpower SEQR requesting Schuyler County’s permission for them to be the lead agency. Legislator Fagan inquired if a resolution was needed. The Clerk of the Legislature said a motion would be in order. MOTION by Legislator Fagan to give permission to the Steuben IDA for them to be the lead agent on this project, SECOND by Legislator Bleiler. Vote: 8-0. Legislator Fagan will take this to the Environmental Management Council (EMC) and stated that there was a 30 day comment period. He will get any comments made to the rest of the Legislature. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison reported on the Department of Conservation’s information regarding the reports that the Hudson River will be swimable soon. He also reported on the Chronic Wasting Disease which had not been found in local deer. Legislator Bleiler reported that the Office of the Court Administration received a grant for the Court Appointed Special Advocate (CASA). They looked at the records of numbers of people that had been served in ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 the past and now they will be receiving a $38,000 grant. This will help them and they should be right on target for their budget now. Legislator Bingell reported on the Public Works Committee. She reported that she and Legislator Larison attended a Southern Tier Central Transportation Committee meeting last week and there was discussion on the possibility of doing some swapping between Steuben and Schuyler County for some County Routes for the Highway Department. Schuyler is looking at CR 23 & 28 and talked about what routes that could be swapped with Steuben County. Steuben has done this in the past. People are using CR 23 at fast rate and this route needs to be wider. It is currently dangerous. She said they got to hear from the Emergency Management Officer in Steuben County and he discussed the Emergency Evacuation Plan that they have in place for the County. Legislator Slusser asked if we would have to take back some of the State Routes. Greg Mathews, Highway Superintendent, spoke on certain State Routes being considered. The State Routes are 409, 329, 4019, 227, 230 and said that they are all very small routes. Legislator Fagan reported on the Community Development and Natural Resources Committee. He announced that SCOPED now has a wonderful Business resource guide which will be very useful for entrepreneurs and will be available at SCOPED office. COUNTY ADMINSTRATOR’S REPORT: None. PUBLIC PARTICIPATION: George Maylor spoke about the Chemung First Transit bus service. He felt that the riders he had talked to that use the bus service were fine that there will be a raise on the Transit fare. He said as a comparison that he has an Administrative Assistant at his place of employment that travels on a bus service in the Steuben area and pays only $2 from Bath to Corning. He also said that people have been inquiring on finding assistance to see how to apply for an RFP for funding for a bus service. He said that he has heard that the service quality is poor and recently there had been no heat, breakdowns and other problems with the bus service. The Meeting adjourned at 7:10 P.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk YEAR END MEETING DECEMBER 28, 2005 The December 28, 2005 Year End Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present except for Legislator Slusser who was excused. County Attorney Coleman and County Administrator Timothy O’Hearn, were also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 452 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE DECEMBER 12, 2005 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the December 12, 2005 Regular Meeting of the Schuyler County Legislature be approved. Vote: Passes. 7-0. RESOLUTION NO. 453 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE THREE-YEAR AGREEMENT WITH THE CHAMBER OF COMMERCE FOR ROOM TAX FUNDS WHEREAS, Resolution No. 236-05 designated the Chamber of Commerce as the County’s Tourism Promotion Agency (TPA) for the 2006-2008 State program year, and WHEREAS, the agreement with the Chamber for room tax has always been for one year, and WHEREAS, to correspond with the designation, it is desirous to have the agreement now be for three years. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Schuyler County Chamber of Commerce as the Tourism Promotion Agency (TPA) ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 for the term January 1, 2006 through December 31, 2008; funding available in the 2006 budget account no. 6410.436, subject to approval of the Schuyler County Attorney. Vote: Passes. 7-0. RESOLUTION NO. 454 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO PAY LOCAL SHARE OF A NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS GRANT WHEREAS, Resolution No. 541 of 1997 declared the Legislature’s support for an application by the Agriculture and Farmland Protection Board to the New York State Department of Agriculture and Markets for grant funding to assist in the preparation of an Agriculture and Farmland Protection Plan for Schuyler County, and WHEREAS, the Legislature agreed to fund the local share of the grant upon presentation of the draft grant application, in an amount not to exceed $10,000, and WHEREAS, it has been brought to the attention of the Treasurer and the County Administrator that said matching funds were never paid to Cornell Cooperative Extension. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $9,992 from Contingency account no. 1990.500 into account no. 8510.320-8510-Matching Funds for Grant/Agriculture and Farmland Protection to pay Cornell Cooperative Extension. Vote: Passes. 7-0. RESOLUTION NO. 455 Motion by Yuhasz, Second by Bingell. RE: AMEND AGREEMENT WITH UNITED CEREBRAL PALSY AND HANDICAPPED CHILDREN’S ASSOCIATION OF CHEMUNG COUNTY, INC. FOR 2005-2006 - PUBLIC HEALTH WHEREAS, an agreement exists between the Schuyler County Home Health Agency and United Cerebral Palsy and Handicapped Children’s Association of Chemung County, Inc. to provide preschool special education and related therapy services, and WHEREAS, the agreement specifies that the rate for related therapy services will be $70.00 up to an hour session, and WHEREAS, there is a child requiring special treatment for which the rate of service will be $90.00 up to an hour, and WHEREAS, the provision of this special treatment is required for the performance of mandated services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the agreement with United Cerebral Palsy and Handicapped Children’s Association of Chemung County, Inc. to provide preschool special education and related therapy services from July 1, 2005 through June 30, 2006, to allow payment of $90.00 up to an hour for these special services, funding available in the Public Health budget, account no. 2960.400, subject to approval by the Schuyler County Attorney. Vote: Passes. 7-0. RESOLUTION NO. 456 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS TO REPLENISH COMMUNITY SERVICES BOARD RESERVE ACCOUNT - COMMUNITY SERVICES WHEREAS, Resolution No. 482-98 established a Community Services Board reserve account of $50,000 to cover expenses related to major projects and repairs at the Mill Creek Center building, and WHEREAS, this reserve has been utilized for payments of authorized repairs since that time, and WHEREAS, major repairs are anticipated to take place in 2006, and WHEREAS, the bills for these repairs should be paid from the Community Services Board reserve account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer any remaining available funds from the 2005 Community Services Budget to replenish this reserve, up to, but not to exceed the authorized amount of $50,000. Vote: Passes. 7-0. RESOLUTION NO. 457 Motion by Yuhasz, Second by Bingell. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 RE: ADOPT REVISED FEE SCHEDULE FOR WATERSHED PROTECTION AGENCY - PUBLIC HEALTH WHEREAS, it has been deemed appropriate by the Schuyler County Public Health Committee to set fees for certain services performed by the Watershed Protection Agency, as follows: 1. Septic system permits - New Construction $100.00 2. Septic system permits - New Conversion $100.00 3. Septic system permits - Existing dwellings $100.00 4. Septic system permits - Septic tank up grade $50.00 5. Septic system permits - repair/expansion $50.00 6. Septic system permits - renewals or transfer $50.00 7. New construction site evaluation per lot $75.00 8. Septic tank locating - probe, detector or transmitter $50-$75 9. Septic evaluation for conversion, expansion or modification $50.00 10. Septic evaluation for property transfer or refinancing $100.00 -plus bacteriological water analysis $125.00 -plus bacteriological water analysis & flow test $135.00 11. Septic evaluation re-inspection for property transfer or refinancing $50.00 12. Engineer review and approval $175.00 13. Agency review and approval $25.00 14. Water sample collection fee per sample plus analysis $15.00 15. Water sample collection fee per re-sample not property $10.00 (Property transfers exempt) 16. Handling fee per non collected sample fee plus analysis $10.00 17. Water supply flow test per 1/2 hour flow $50.00 18. Water supply flow test and bacteriological sample $75.00 19. Radon in air test $55.00 20. Field consultation per 1/2 hour $25.00 21. Non inspection visit (No Show) $25.00 22. Flood statement affidavit $25.00 23. New construction for well site approval for new construction $50.00 24. Compliance Certificate - no field visit $25.00. NOW, THEREFORE BE IT RESOLVED, that Schuyler County Watershed Protection Law, Local Law No. 3 of the Year 1994, allows the Agency to waive the collection of a portion of the established fee for intergovernmental agencies indigent persons or doctors request due to illness, and BE IT FURTHER RESOLVED, that the Agency is also allowed to possibly reduce the sample collection fee per multiple sample visit. Vote: Passes. 7-0. RESOLUTION NO. 458 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH SCHUYLER COUNTY MENTAL HEALTH FOR BIOTERRORISM PLANNING - PUBLIC HEALTH WHEREAS, bioterrorism planning continues to be required by the New York State Department of Health, and WHEREAS, Schuyler County Mental Health is able to provide services as required as part of the bioterrorism plan in conjunction with Department of Health requirements. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the Schuyler County Mental Health, effective September 1, 2005 through August 30, 2006, at an amount not to exceed $2,500.00, funds being available in the Public Health Bioterrorism Grant budget, account no. 4010.400-4030, with no local share cost, subject to approval by the Schuyler County Attorney. Vote: Passes. 7-0. RESOLUTION NO. 459 Motion by Larison, Second by Fagan. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 RE: APPROVAL OF ALTERNATIVES TO INCARCERATION PLAN FOR 2006 - PROBATION DEPARTMENT WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the year 2006, and WHEREAS, the said Plan and Budget have been reviewed and both appear to be in order and have been approved by the Public Safety/Criminal Justice Committee of this Legislature. NOW, THEREFORE, BE IT RESOLVED, that the year 2006 Alternatives to Incarceration Service Plan and Budget be hereby approved by the Schuyler County Legislature, and the Chairman be authorized to sign the same upon approval of the Schuyler County Administrator and Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Criminal Justice Advisory Council submit the same to the New York State Division of Probation and Correctional Alternatives for approval. Vote: Passes. 7-0. RESOLUTION NO. 460 Motion by Larison, Second by Fagan. RE: COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2005 FOR THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE TOWN OF TYRONE, IN THE COUNTY OF SCHUYLER, AND STATE OF NEW YORK Pursuant to Sections 270 and 271 of the County Law of the State of New York. WHEREAS, the assessment roll for the year 2005 for the Lamoka/Waneta Lakes’ Protection and Rehabilitation District in the Town of Tyrone, in the County of Schuyler, and State of New York for the budget year 2006 has been completed and properly filed with the Schuyler County Real Property Tax Service Agency at its office in the Schuyler County Office Building at 105 Ninth Street, Watkins Glen, New York, for review and inspection by the public and interested parties, and WHEREAS, proper notice of the completion and filing of said assessment roll and also proper notice that the Public Hearing on the assessment roll would be held by the County Legislature of the County of Schuyler in the County Courthouse, 105 Ninth Street, Watkins Glen on November 21, 2005 at 6:25 P.M. to hear and consider any objections pertaining to said assessment roll, and WHEREAS, due and proper proof of the publication of the notice of the aforesaid Public Hearing has been filed in the Office of the Clerk of the Legislature, and WHEREAS, the aforesaid Public Hearing was duly held on the 21st day of November, 2005, and any persons appearing in regard to the said assessment roll having been heard. NOW, THEREFORE, BE IT RESOLVED, said assessment roll for the year 2005 for the Lamoka/Waneta Lakes District in the Towns of Orange and Tyrone, in the County of Schuyler, and State of New York be hereby approved as completed and filed in the office of the Schuyler County Real Property Tax Service Agency, and BE IT FURTHER RESOLVED, that the Director of the Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer shall see to the proper procedure for the levy and collection of the appropriate taxes on the several real properties situate and benefited within said Lakes’ Protection and Rehabilitation District, and BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be forwarded to the Director of Real Property Tax Service Agency, the County Treasurer, the Attorney for said Lakes’ Protection and Rehabilitation District, the Lamoka/Waneta Lakes’ District Commission and the Clerk of the Steuben County Legislature. Vote: Passes. 7-0. RESOLUTION NO. 461 Motion by Larison, Second by Fagan. RE: DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT TAXES DUE JANUARY 2006 Pursuant to Article 5-D of the County Law of the State of New York. BE IT RESOLVED, that the report of the Lamoka/Waneta Lakes’ District Commission of the several amounts of taxes due January 2006, levied upon the various parcels of land in the said Lakes’ Protection and Rehabilitation Districts be received and filed, and the Director of the Schuyler County Real Property Tax ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Service Agency is directed to levy the amount upon the various parcels therein mentioned in accordance with said report, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to the Director of Real Property Tax Service Agency; Attorney for the Lakes’ Protection and Rehabilitation Districts; the Lamoka/Waneta Lakes’ Districts Commission, and the Clerk of the Steuben County Legislature. Vote: Passes. 7-0. RESOLUTION NO. 462 Motion by Larison, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following account transfers in order to balance out the 2005 accounts, to wit: Department To From 1010.100 $8,461.72 1010.401 $259.71 1010.402 $82.46 1010.409 $1,091.50 1010.410 $59.30 1010.428 $35.84 1010.430 $146.40 1010.431 $105.58 1010.433 $584.14 1010.434 $293.50 1010.439 $122.72 1010.440 $110.04 1165.100 $16,008.95 1165.328 $87.56 1165.407 $166.80 1165.409 $0.77 1165.410 $187.69 1165.416 $1.95 1165.430 $2.31 1165.431 $292.54 1165.435 $1,480.73 1165.439 $54.84 1165.538 $500.00 1170.100 $162.21 1170.401 $2,000.00 1170.410 $51.94 1170.430 $17.28 1170.431 $35.13 1170.435 $3,538.13 1170.563 $1,025.84 1170.605 $7,198.55 1180.400 $30.00 1230.100 $281.16 1230.212 $199.80 1230.433 $51.36 1325.100 $3.24 1325.431 $3.24 1355.100 $0.35 1355.402 $24.84 1355.410 $666.78 1355.428 $52.00 1355.430 $68.61 1355.431 $262.54 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 1355.433 $2.19 1355.434 $125.96 1355.435 $225.50 1355.438 $285.04 1355.439 $1.65 1355.459 $18.06 1355.577 $399.96 1410.100 $801.47 1410.410 $453.98 1410.431 $310.12 1410.433 $37.37 1420.100 $26.46 1420.403 $100.00 1420.407 $367.07 1420.409 $240.61 1430.100 $81.20 1430.207 $26.35 1430.409 $12.50 1430.410 $63.21 1430.429 $31.88 1430.431 $52.74 1431.100 $236.67 1431.410 $236.67 1450.100 $45.58 1450.431 $45.58 1620.100 $3,603.82 1620.101 $60.46 1620.328 $20.45 1620.400 $423.87 1620.402 $21.10 1620.410 $87.48 1620.426 $82.62 1620.427 $78.53 1620.435 $461.91 1620.439 $44.63 1620.441 $31.70 1620.442 $15,100.96 1620.448 $1,194.32 1620.449 $316.20 1620.490 $386.87 1620.536 $672.23 1620.580 $28.00 1622.200 $22.01 1622.309 $0.16 1622.427 $96.16 1622.490 $50.00 1660.100 $27.88 1660.431 $27.88 1910.419 $56,394.90 1910.423 $10,609.18 1950.400 $98.31 1990.500 $104,626.66 1990.500 $18,861.62 3110.100 $19,411.26 3110.101 $788.22 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 3110.102 $13,436.38 3110.118 $924.98 3110.201 $7,676.82 3110.204 $912.32 3110.213 $1,316.07 3110.309 $975.92 3110.317 $1,287.00 3110.441 $202.48 3110.444 $4,153.14 3112.101 $254.36 3140.100 $698.43 3140.308 $0.01 3140.328 $91.65 3140.382 $591.85 3150.100 $1,275.60 3150.101 $37.09 3150.102 $6,671.92 3150.119 $3,294.96 3150.401 $995.04 3150.433 $196.95 3150.439 $18.88 3150.442 $4,495.43 3150.454 $382.29 3150.456 $5,116.80 3510.100 $284.48 3510.101 $378.19 3510.102 $868.47 3510.201 $493.26 3510.400 $1,941.29 3510.442 $146.80 3510.603 $182.00 3689.100 $85.13 3689.100 $324.94 3689.410 $155.39 3689.458 $84.42 4010.100 $3,528.63 4010.101 $1,475.80 4010.328 $21.23 4010.402 $22.68 4010.442 $1,008.92 4010.490 $19,695.58 4050.100 $119.10 4050.328 $11.21 4050.411 $67.52 4050.431 $40.26 4050.439 $0.11 4310.100 $177.24 4310.328 $177.24 6010.100 $9,670.95 6010.338 $515.00 6010.387 $232.00 6010.400 $8,922.78 6010.431 $1.17 6070.396 $54,395.69 6070.572 $1,714.15 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 6510.100 $568.96 6510.410 $147.29 6510.426 $71.24 6510.430 $350.43 6610.100 $0.12 6610.403 $2.00 6610.409 $20.89 6610.426 $0.43 6610.438 $23.20 6772.100 $13,496.29 6772.278 $390.00 6772.328 $149.18 6772.401 $285.34 6772.433 $701.45 6772.438 $1,938.68 6772.439 $1,393.74 6772.440 $1,378.14 6772.442 $959.56 6772.490 $14,325.22 7110.100 $5,583.78 7110.442 $407.07 7310.100 $148.61 7310.410 $148.61 7510.100 $4.37 7510.400 $4.37 7550.400 $935.00 7989.400 $27,950.00 8160.346 $1,057.00 9010.801 $56,921.13 9055.806 $731.98 9060.809 $3,027.10 General Fund Total $289,268.22 $289,268.22 County Road 5010.100 $9,541.84 5010.328 $15.50 5010.402 $1.27 5010.41 $54.43 5010.431 $85.99 5010.433 $14.79 5020.400 $42,156.19 5110.100 $24,720.74 5110.101 $3,918.12 5110.400 $287.00 5110.510 $2.00 5110.511 $209.42 5110.514 $384.00 5110.516 $221.19 5110.517 $4,984.49 5110.518 $3.00 5110.519 $0.10 5110.520 $100.94 5110.544 $31.36 5112.571 $1,454.57 5120.569 $16,130.00 5142.100 $2,945.18 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 5142.101 $3,179.96 5142.438 $234.78 9040.803 $17,906.95 9060.807 $36,786.33 County Road Total $82,685.07 $82,685.07 Machinery 5130.100 $5,505.99 5130.236 $131.04 5130.441 $36.32 5130.442 $2,118.53 5130.527 $20.57 5130.529 $0.60 9040.803 $650.24 9060.807 $2,548.69 Machinery Total $5,505.99 $5,505.99 and BE IT FURTHER RESOLVED, that this authorization shall include financing capital projects with fund balance as determined by the Schuyler County Treasurer. Vote: Passes. 7-0 RESOLUTION NO. 463 Motion by Larison, Second by Bleiler. RE: DEDICATION OF 2005 PROCEEDINGS WHEREAS, it has been the custom to give tribute in the printed Proceedings of the Schuyler County Legislature to employees who retire from county service or elected officials who leave office, as recognition for their dedication and service. NOW, THEREFORE, BE IT RESOLVED, that the “Proceedings of the County Legislature of the County of Schuyler for the year 2005" contain a tribute to Michael J. Maloney (former Schuyler County Sheriff), subject to any other retirements effective by 12/31/05. Vote: Passes. 7-0 RESOLUTION NO. 464 Motion by Larison, Second by Bleiler. RE: AUTHORIZE AMENDMENT TO THE SCHUYLER COUNTY FLEXIBLE SPENDING PLAN WHEREAS, Schuyler County (the “Employer”) is the sponsor of the Schuyler County Flexible Spending Account (the “Plan”), which is a “cafeteria plan” as defined in Section 125 of the Internal Revenue Code of 1986 (the “Code”), and WHEREAS, the Working Families Tax Relief Act of 2004 (“WFTRA”) changed the definition of “dependent” in Section 152 of the Code effective January 1, 2005, and WHEREAS, on December 6, 2004, the Internal Revenue Service issued Notice 2004-79 saying that Congress did not intend the WFTRA to change dependent status for employer health plans and that regulations would be issued to eliminate the maximum gross income requirement for health benefits, and WHEREAS, the Employer wishes to amend the definitions of “Dependent” and “Qualifying Individual” in the Plan to make them consistent with the new Code Section 152 definition of dependent and the position taken in Notice 2004-79 with regard to dependent status for health plans, and WHEREAS, the Code and Treasury regulations prohibit a cafeteria plan from using plan contributions made for one plan year to provide qualified benefits incurred in another plan year, and require that participants forfeit any contributions made for a plan year which exceed claims for qualified benefits incurred during that plan year, and WHEREAS, on June 6, 2005, the Internal Revenue Service issued Notice 2005-42, which makes an exception to this requirement so that qualified benefits incurred during a 2½ month “grace period” following the end of a plan year may be paid or reimbursed with contributions made for the plan year immediately preceding the grace period, and WHEREAS, Notice 2005-42 states that a cafeteria plan must be amended by the end of a plan year in order for the grace period to apply for that plan year and subsequent plan years, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 WHEREAS, the Employer wishes to amend the Plan to allow a grace period for the Plan Year ending December 31, 2005 and subsequent Plan Years, and WHEREAS, the Employer also wishes to amend the Section of the Plan entitled “HIPAA Privacy Rules” to add provisions concerning protected health information transmitted by or maintained in electronic format, as required by security regulations issued under the Health Insurance Portability and Accountability Act of 1996. NOW, THEREFORE, BE IT RESOLVED, the Plan is hereby amended as follows: 1. Effective January 1, 2005, the Definitions of “Dependent” and “Qualifying Individual” in Section 2 of the Plan are amended as follows: “Dependent” for purposes of Accidental Death and Dismemberment, Dental, Life, Medical, Long-Term disability, Short-Term Disability or Vision Insurance coverage, means a Participant’s spouse or dependent included under the applicable Insurance coverage. For purposes of payment or reimbursement of Health Care Expenses from a Participant’s Health Care Expense Account, “Dependent” means dependent as defined for purposes of Section 105(b) of the Code, and any child to whom Section 152(e) of the Code applies shall be treated as a dependent of both parents. For purposes of payment or reimbursement of Dependent Care Expenses from a Participant’s Dependent Care Expense Account, “Dependent” means a Qualifying Individual. “Qualifying Individual” mean qualifying individual as defined for purposes of Section 21(b) of the Code. 2. Effective December 31, 2005, the Plan is amended by adding the following new Subsection to Section 4 (Contributions and Benefits). 4.13 Notwithstanding any other provision of the Plan, this Subsection shall apply for Plan Years ending on or after December 31, 2005. A) A Qualified Benefit (other than a Dependent Care or Health Care Expense) incurred during the Grace Period for a Plan Year may be treated as incurred during that Plan Year for purposes of this Section 4. To the extent the Contributions made for that Plan Year for such Qualified Benefits have not already been used for, or are not required to pay, Qualified Benefits actually incurred during the Plan Year, the Contributions shall be used to pay such Qualified Benefits incurred during the Grace Period in accordance with the provisions of this Section 4, provided: the Qualified Benefit is not automatically paid, a claim for the Qualified Benefit is submitted no later than the April 30th following the end of the Grace Period; and (ii) all other requirements and conditions for the Qualified Benefit are satisfied. B) The Grace Period for a Plan Year shall be the period beginning on the first day of the first calendar month immediately following the end of the Plan Year and ending on the fifteenth day of the third calendar month immediately following the end of that Plan Year. C) If the total Contributions to a Participant’s exceed the qualified Benefits paid from that Account for the Plan Year, including Qualified Benefits (other than Dependent Care and Health Care Expenses) incurred during the Grace Period for the Plan Year, the Participant shall forfeit the excess Contributions. D) This subsection does not change the requirements in this Section 4 relating to when Dependent Care and Health Care Expenses must be incurred and claimed. E) The above provisions of this Subsection shall be interpreted and applied in a manner consistent with IRS Notice 2005-42 and Treasury Regulations issued to reflect IRS Notice 2005-42. 3. The Section entitled “HIPAA Privacy Rules” is amended by changing the definition of “Protected Health Information” therein to read as follows: “Protected Health Information” means individually identifiable health information as described at Section 164.103 of the Privacy Rules. 4. The Section entitled “HIPAA Privacy Rules” is also amended by adding the following definition of “Electronic Protected Health Information” thereto: “Electronic Protected Health Information” means Protected Health Information that is transmitted by or maintained in electronic media. 5. The Section entitled “HIPAA Privacy Rules” is also amended by adding the following paragraph thereto: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 In addition to, and not in lieu of, the other requirements herein regarding the conditions under which the Plan may disclose (or allow a Plan health insurance issuer or HMO to disclose) Protected Health Information to the Plan Sponsor, the Plan may disclose (or allow a Plan health insurance issuer or HMO to disclose) Protected Health Information only after the Plan sponsor certifies in writing that the Plan has been amended to incorporate this Section and agrees to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic Protected Health Information that it creates, receives, maintains or transmits on behalf of the Plan; (ii) ensure that the adequate separation between the Plan and the Plan Sponsor is supported by reasonable and appropriate security measures for any Electronic Protected Health Information; (iii) ensure that any agent, including a subcontractor, to whom it provides Electronic Protected Health Information agrees to implement reasonable and appropriate security measures; (iv) report to the Plan any security incident of which it becomes aware; and make its policies, procedures and documentation relating to safeguards for Electronic Protected Health Information available to the Secretary of the U.S. Department of Health and Human Services for purposes of determining the Plan’s compliance. Vote: Passes. 7-0 RESOLUTION NO. 465 Motion by Larison, Second by Bingell. RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY HIGHWAY UNIT WHEREAS, representatives of the County have engaged in Collective Bargaining with the Civil Service Employees Association, Inc. for employees in the Schuyler County Highway Unit, and WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years 2006-2009 was reached with respect to employees in the Schuyler County Highway Unit, and WHEREAS, that the agreement has been duly ratified by the employees of the aforesaid bargaining unit. 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 Highway Unit, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be hereby authorized to execute the aforementioned agreement. Vote: Passes. 7-0 RESOLUTION NO. 466 Motion by Larison, Second by Bingell. RE: ADOPT AMENDED SCHUYLER COUNTY MANAGEMENT/CONFIDENTIAL SALARY PLAN (M/CSP) WHEREAS, the current Management/Confidential Salary Plan has been identified to be deficient both in adequately defining positions and in providing an evaluative tool for professional development and performance incentives for its members, and WHEREAS, the County Administrator and Human Resources Director have developed and recommend significant modifications in Sections I, II & III of the Schuyler County Management/Confidential Salary Plan (Definition, Factor Ratings and Performance Appraisals, respectively), and WHEREAS, input on said changes has been provided by the Administrative Council, and WHEREAS, due to the newness of the position, the Confidential Secretary to the County Administrator job description was made part of this overall review and an adjustment was made the position’s Complexity of Duties (from 30 to 60) to more accurately account for the job responsibilities. This adjustment places the position in Grade Level D with the incumbent to be paid the minimum of the grade for the year 2006, and WHEREAS, said changes have been reviewed and approved by the Management and Finance Committee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the amended Management/Confidential Salary Plan, as attached and on file in the Human Resources Office, effective January 1st, 2006, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 BE IT FURTHER RESOLVED, that for the year 2006, the merit increase referenced in Sections I and III of said Plan will not apply, and the County Administrator shall make recommendation for across-the-board salary increases for management/confidential employees. Vote: Passes. 7-0 RESOLUTION NO. 467 Motion by Larison, Second by Bingell. RE: AMEND DEPARTMENT HEAD LEAVE POLICY WHEREAS, there have been considerable changes in the administrative structure of the County and, WHEREAS, the means by which Department Heads report their leave has been revised and a form created to that effect. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature adopt the amended policy effective January 1st, 2006 to read as follows: DEPARTMENT HEAD LEAVE POLICY County policy requires Department Heads to provide the County Administrator’s Office with the necessary form outlining their intention to take vacation, sick, personal days and Exempt Employee Discretionary Time (EEDT). This form should be completed in advance whenever possible. Sick leave days should also be reported in advance if possible or immediately upon return to work. Any days that the Department Head is out of the office for reasons other than described above should also be reported to the County Administrator’s office either in the form of a travel request or a request for leave form. These days should also be requested in advance when possible. Vote: Passes. 7-0 RESOLUTION NO. 468 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS IN THE 2006 ADOPTED BUDGET – SOCIAL SERVICES WHEREAS, New York State has directed counties that the 2006 Medicaid weekly payments must come from a newly created line item in the 2006 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $3,300,000.00 within the 2006 adopted budget from account no. 6120.400 to a newly created account no. 6100.400. Vote: Passes. 7-0 RESOLUTION NO. 469 Motion by Bingell, Second by Yuhasz. RE: UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2005-2006 WHEREAS, the County Treasurer submitted to this County Legislature, pursuant to Section 1330 of the Real Property Tax Law, a certified list of unpaid school taxes as of November 30th, which will be assessed and relevied, and WHEREAS, pursuant to Section 1330 of the Real Property Tax Law, this Board is required to pay the various Districts the amount of unpaid school taxes, as certified. NOW, THEREFORE, BE IT RESOLVED, that said unpaid school taxes for the year 2005-2006, as they appear on said certified list be, and the same hereby are, approved as of December 28, 2005, and the Real property named in said certification any items of unpaid taxes therein set forth. Vote: Passes. 7-0 RESOLUTION NO. 470 Motion by Bingell, Second by Yuhasz. RE: AMEND RESOLUTION NO. 354-05/AUTHORIZE RATE RENEWAL WITH EXCELLUS BLUE CROSS/BLUESHIELD OF CENTRAL NEW YORK FOR HEALTH INSURANCE FOR THE YEAR 2006 WHEREAS, as a result of a new bargaining agreement with the Highway Unit CSEA, there is a reduction in the premium rate for 2006 for those particular Plans. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 354-05 be amended to reflect the below rate for the Highway Unit Plans, and BE IT FURTHER RESOLVED, the Chairman of the Legislature be hereby authorized to execute an amended premium rate renewal agreement with Blue Cross/Blue Shield of Central New York for health insurance coverage for said groups for the term of January 1, 2006 through December 31, 2006, subject to the approval of the Schuyler County Attorney: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Schuyler County Plans 1440506, 1440507, 1440508, 1440576 Previous: (Hwy. Unit – Rx $2/$10) Amended: (Hwy. Unit - Rx $5/$15/$30) Previous: Family $ 1,119.55 Individual $ 439.04 Amended: Family $ 1,073.12 Individual $ 420.83 Vote: Passes. 7-0 NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Yuhasz reported on a Health Services Say2 Committee meeting that he attended recently. It was held in Penn Yan and the Public Health reported that they are suggesting people should be putting flouride in their water if they don’t have it already, to prevent tooth decay. COUNTY ADMINSTRATOR’S REPORT: None. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:40 A.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 INDEX A Abandon County Bridge, 117 Adoption Employee Parking Directive, 122 Incident Management System, 61 Insurance Standards Waiver, 75 Revised Fee Scale Public Health, 180 Ag District Public Hearing Inclusion, 69 Agreement/Contract/Proposal 3M Home Care, 52 Admin Unit CSEA, 96 Advantage Energy, 36 Affiliated Consultants, 144 All-Mode Communications, 130 Andrew Seubert, 102 Arnot Ogden Medical Center, 126, 161 Barton & Loguidice, 14 Bioterrorism, 8 Bioterrorism Planning, 126, 161, 180 Bioterrorismn Planning, 161 Boarding Prisoners, 103 Bottom Ash/Cinders, 131 Bouille Electric, Inc, 130 Caholic Charities, 20 Chamber of Commerce, 178 Collective Bargaining Unit Highway, 188 Cornell Cooperative Extension, 8 Coughlin & Gerhart, 172 County Related Training/Conferences, 64 County Route 5 Project, 56 County Rte 6 Bridge, 22 CPE Interlink, 65 Crisis and Preventative Workers, 109 CSEA, 90 CSEA Admin Unit, 138 CSEA Curent Nursing Position, 17 CSEA Unit, 176 Deer Carcass Removal, 117 Denis Ross, 124 Deputy Sheriff Assoc, 138 Deputy Sheriff's Assoc, 172 Diana Ortiz, 112 Diane Habeck, 155 Dissen & Juhn Corp, 12 DrFirst.Com, 144 Easment Jeffrey Duncan, 118 Emergency Power Systems, Inc, 129 Families First Program, 147 Family Service Society, 113 Family Services Society, 53 Finger Lakes Parent Network, 10 FLACRA, 20, 51, 113 Food Stamp Nutrition, 165 Harter, Secrest & Emery, 73 Hazard Mitigation Plan, 162 Health Care Compliance, 51 Health Care Compliance Enterprise, 25 Health Cre Compliance, 113 Health Economic Group, 133 Health Research, 125 Heather Murley, 93 Horizon Occupational Therapy, 145 Household Hazardous Waste, 124 Hunt Engineers, 11, 67, 131 Infoseal, 98 Integrity Networking, 24 Jacobson's Steel Works, 172 James E. Halpin, 95 Kelly Fitch, 8 Lambert's Asbestos Removal Services, 64 Medwisdom, 70 Miller Assoc, 9 Motorola 911 Consoles, 163 National Risk Services, Inc, 63 NYS Department of Agriculture, 163 NYS Parks & Recreation & Historical, 172 NYS Parks/Historical Pres, 42 Oil & Gas, 149 Perry & Carroll, 96 PINS Diversion, 108 PINS Diversion Services, 165 Public Health Mutual Aid, 162 Rotary Club, 30 RSVp Transportation, 172 Satellite Phone Service, 25 Schuyler ARC, 11, 51 Schuyler Head Start, 103 Schuyler Hospital, 9 SCIDA, 36 Seasonal Rates Marina, 22 Seneca Harbor Park Phase III, 22 Sheriff's Department, 77 Silverline Construction, 116 Skycasters, Inc, 126 Stafkings, 9, 10 Stanley Clarke, 72 Stephen Maybee, 82 Steuben County, 65 Sue Collins, 112 Surplus Vehicles, 76 Synergy, 19 Technology Solutions, 42 Telemonitoring Equipment, 83 Town of Hector, 88 United Cerebral Palsy, 102, 179 Used Tire Collection, 56 Venesky & Company, 148 Watkins Glen School District Transportation, 82 Watkins Glen School School Support Services, 83 Watkins Glen Youth Center, 166 Wesley Roe, 146, 164 Winstead & Sandritter, 161 Yates County Boarding Prisoners, 85 Youth Bureau, 166 Youth Bureau Early Intervention, 125 Youth Bureau Preventive Services, 89 Youth Court Services, 165 Appointment 1yr Outside Committees, 26 2 yr Outside Committee, 27 3 yr Outside Committee, 28 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 4 yr Outside Committee, 28 Assistant District Attorney, 175 Bargaining Unit, 118 Board of Elections, 4 Chairman, 2 Chamber of Commerce Board, 36 Chief Assistant District Attorney, 175 Community Services Board, 93 Conditional Release Commission, 84 Coroner, 3, 109 Council of Governments, 122 County Administrator, 39 Deputy Clerk to the Legislature, 106 Deputy Director Community Services, 154 Deputy Highway Superintendent, 175 Highway Superintendent, 175 Historian, 3 Home Care Professional Advisory, 52 Interim Budget Officer, 15 Labor/Management Committee, 154 Outside Committee, 70, 106, 147 66 Undersheriff, 175 Voting Machine Custodian, 3 Appropriate Amounts, 159 Appropriate Funds Federal Aid Project, 75 Approval/Authorization/Amendment Alternatives to Incarceration Plan, 181 Department Head Leave Policy, 189 Dog Adoption Fees, 62 Flexible Spendung Time, 186 GHI Rate, 138 Health Insurance Rate, 137, 189 Management/Confidential Salary Plan, 96, 100, 107, 188 Nationwide Retirement Solutions, 148 OFA Annual Implementation Plan, 150 Reimbursement Rate Election Inspectors, 134 Salary Plan Confidential Secretary, 90 Vision Care Rate, 138 Youth Bureau Resource Allocation Plan, 146 Assessment Roll Lamoka/Waneta Lakes Protection & Rehab. District, 181 Authorization Adoption Subsidy Rate, 85 Costs 911 Wireless Service, 128 Inclusion Ag District, 98 Mileage Rate, 129 Records Improvement Funds, 149 Staff Salary, 145 Stop DWI Plan, 114 Youth Program Coord. Hours, 94 B Bid 911 Trailer, 127, 154 Asphalt Emulsions, 43 Bank Run Gravel, 45 Bituminous Concrete Asphalt, 43 Cold Mix Stock Pile, 44 County Route 6 Bridge, 49 Courtroom Lights, 14 Crushed Stone, 46 Elevator Maintenance, 105 Elevator Repair & Maintenance, 117 Equipment Highway, 22 Four Wheel Drive Loader, 48 Galvanized Pipe, 44 Guiderail, 45 Ice Control Sand, 45 Knight Settlement Extension, 75 Lamoka/Waneta Lakes, 54, 65 Material Highway, 14 Pavement Markings, 46 Preschool Children with Disabilities, 70 Ready Mix Concrete, 46 Seneca Harbor Park Phase III, 76, 110 Shoulder Widener, 48 Sign, Sign posts, 47 Steel Pipe, 47 Tax Auction, 132 Tax Deed Property, 31 Transportation Disabled Children, 83 Tree Removal, 48 Water Supply, 43 Water Supply Cross Connection, 64 Budget Adoption, 159 Alteration Tentative, 155 Public Hearing, 134 Budget Amendment 04 - 05 Lead Grant, 55 2005 Budget, 23 2005 Day Care Subsidy & HEAP, 164 County Road Fund, 88 Indigent Revenues, 71 Inmate Expenses, 104 Lead Grant, 145 Machinery Fund, 131 Medicaid Funding, 71 TANF Services Plan, 114 C Cancellation Interest & Penalties, 149 Civil Confinement Sex Offenders, 103 Committee Creation/Change Implementation Sub Committee Comp Plan, 50 Corning Community College Increase Chargebacks, 56 Cost Allocation Certification, 164 Council of Governments, 118 D Dedication Proceedings, 186 Delegate Authority Youtb Bureau Director, 146 Designation Depositories, 3 Legal Newspaper, 2 Donation Fire Cause & Orign Team, 176 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 E Election Law Hava Compliant, 29 F Fare Increase Bus Transportation, 176 Fee Scale Revision Civil Service Application Fee, 168 Public Health, 114 Filling Position Account Clerk Typist eyboard Specialist, 105 Administrative Assistant, 97 Aging Advacate Coordinator, 105 Aging Services Case Supervisor, 151 Aging Services Caseworker, 152 Assnt Wateshed Inspector, 24 Caseworker, 94 Children Services Caseworker, 62 Confidential. Secretary, 96 Coordinator Fiscal Operations, 153 Correction Officer, 14 Corrections Officer, 84 Crime Victim Services Coordinator, 127 Depty Sheriff Sergeant, 163 Deputy Director OFA, 151 Deputy Sheriff, 62 Employment Program Specialist, 164 Highway Various Positions, 50 Human Resources Clerk, 39 Information Processing Specialist, 152 Insurance Counseling Coordinator, 153 Meal Deliverer, 73, 85 Meal Delivery, 19 Nurse, 24, 66 Paralegal Position, 145 Part Time Cleaner, 55 Part Time Deputy Sheriff, 41 Part Time Dispatcher, 67 Part Time Staff Social Worker, 93 Purchasing Agent, 95 Purchasing Specialist, 106, 121 Registered Prof. Nurse, 94 Senior Account Clerk Typist, 89 Senior Data Entry Operator, 16, 160 Sr Account Clerk Typist, 75 Staff Social Worker, 60 Summer Youth Employment Supervisor, 63 Temporary Laborer, 77 Typist/Keyboard Specialist, 36 Fund Authorization Park Recreation Historic Preservation, 97 Fund Transfer 2006 Adopted Budget, 189 911 Trailer, 128 Budget Officer, 87 Budget Officer Salary, 63 Buildings & Grounds, 174 Capital Reserve, 13 Community Service Reserve Account, 179 Elections, 115 Human Resources, 66, 95, 108 Legislature, 115 Mill Creek Center, 121 NYS Dept Ag & Markets, 179 Printer, 34 Public Defender, 108 Purchase Computers, 107 Sesquicentennial Event, 74 SUNY Binghamton, 74 Various Departments, 182 Funding Request Youth Bureau, 147 G Grant 05 - 06 Lead, 54 2005 - 2006 Snowmobile Trails, 168 2005-2006 Early Intervention, 125 Aid to Posecution, 94 Bioterrorism Amendment, 8 Buffer Zone, 126 Byrne, 78 Byrne Narcotics, 19 CEDAP, 162 Emergency Performance, 41 Highway Purchase Equipment, 98 Innovative Bridge Construction, 97 Law Enforcement Block, 61 National Youth Service Day, 25 Real Property Tax Administration, 129 Records Improvement Funds, 154 Sex Offender Management, 53 Shared Services Records Management, 177 State Emergency 122 Steps/Road to Recovery, 127 Terrorism Prevention, 18 Traffic Enforcement, 85 United Way, 62 Waste Reduction/Recycling, 58 Weyerhaeuser Children's Initiative, 63 H HEAP Application Eligibility, 166 I Increase Allowance Hire of Clerks Expenses, 26 L Lead Agency Pins Diversion, 84 SEGQ Empire Zone Boundary Revision, 175 SEQR Review Ag District, 132 Tourist Promotion Agency, 92 Local Government Continuity, 2 Local Law Empire Zone, 137, 143, 158, 167 Revise Empire Zone, 29 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 Room Tax, 5, 34, 35 Room Tax Increase, 59 Setting Salaries, 74, 86, 147, 168 Setting Salary, 32, 38 M Mortgage Tax Distribution, 86, 169 N NYS Byway, 102 NYS DEC Remedial Design Work, 108 NYS Legislature 1% Sales Tax Home Rule, 80 CHIPS Program, 48 Convey Park Lands, 90 Costs of Drug Tests, 71 Deputy Sheriff Residency, 80 In Kind Replacement of Land, 31 Interstate Wine Shipments, 81 Krog Corporation Parklands, 76 Marchiselli Fund, 49 Residency Requirement, 89 Sales Tax, 89 O Opposition Budget Cuts RC&D, 55 Organizational Meeting, 170 P Payment Authorization District Attorney Capital Project, 23 Handrails District Attorney, 77 New Air Conditioner, 88 Policy Adoption/Change B&G Capital Reserve, 12 Building Temperature Policy, 173 Capital Reserve Buildings & Grounds, 130 Hiring Directive, 95 Information Security & Computing, 78 Salary Schedule, 21 Voice & Data Comun. Capital Reserve, 13 Public Hearing Lamoka/Waneta Lakes, 149 Q Quick Claim Property, 115 R Ranger Donation Program, 162 Rate Increase Family Foster Care, 20 Ratification Special Meeting, 37, 39, 158 Records Management Program, 116, 154 Reserve Fund Central Garage Vehicles, 21 Rules of Procedure Conform, 3 S Salary Schedule, 3 Sewer & Water Bills Town of Reading, 174 State Wide Wireless Network Partnership, 104 Surplus/Junk, 117 Surplus/Junk Equipment Highway, 111 Sheriff Department, 71 Various Depts., 73, 88 T Tabled/Failed, 2, 5, 35, 72 Tax Auction, 115, 176 Tax Correction Real Property, 15 Tax Levy 2006 Equalization Rates, 148 Lamoka/Wanets Lakes Protection & Rehab District, 181 Tax Roll Correction, 15, 16, 32, 33, 65 Taxes Additional Rate, 119 Sales/Use Tax, 128 Town Contribution, 159 Unpaid School, 189 Title Change HR Benefits Manager, 42 Transportation Bond Act, 112 Transportation Planning, 67 Travel Out of State Lisa Milspaugh, 160 Public Health, 7 Travel Out of State Health Services, 60 W Waiver Jeff's Septic, 62 Water Bills Town of Hector, 174 Withdrawn, 4, 7, 38, 42, 75, 99 Y Year End Meeting, 169 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2005 193 ---PAGE BREAK--- COPIES OF THE SCHUYLER COUNTY TREASURER’S ANNUAL FINANCIAL REPORT, ALL ANNEXED ATTACHED DOCUMENTS REFERRED TO IN RESOLUTIONS, AND ALL OTHER DEPARTMENTAL ANNUAL REPORTS ARE AVAILABLE FOR REVIEW AT THE SCHUYLER COUNTY LEGISLATIVE OFFICE