ORGANIZATIONAL MEETING
JANUARY 5, 1998

The January 5, 1998 Organizational Meeting of the Schuyler County Legislature was called to order by Gail M. Willis at 4:00 p.m.

The Pledge of Allegiance was led by Legislator Little and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.

Gail M. Willis, acting as Temporary Chairman, asked for nominations from the floor for Chairman to the Schuyler County Legislature for the year 1998. Doris L. Karius nominated Patricia L. Hastings, seconded by Ernest E. Thurston. There being no further nominations, Mrs. Willis asked for a motion to close the nominations.

RESOLUTION NO. 1 Motion by Karius, Second by Thurston.

RE: CLOSE NOMINATIONS - 1998 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that nominations for the 1998 Chairperson of the Schuyler County Legislature be closed.

VOTE: Passed 8-0.

RESOLUTION NO. 2 Motion by Little, Second by Larison.

RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1998

BE IT RESOLVED, that Patricia L. Hastings be Chairperson of the Schuyler County Legislature for the year 1998.

VOTE: Passed 8-0.

PUBLIC PARTICIPATION: None.

RESOLUTION NO. 3 Motion by Gifford, Second by Little.

RE: APPOINTMENT - CLERK TO THE LEGISLATURE

BE IT RESOLVED, that Gail M. Willis be appointed Clerk of the Legislature for a two-year term commencing January 1, 1998 and terminating December 31, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 4 Motion by Gifford, Second by Little.

RE: APPOINTMENT - DEPUTY CLERK TO THE LEGISLATURE

BE IT RESOLVED, that this Legislature acknowledges the appointment by Clerk of the Legislature, Gail M. Willis of Stacy B. Husted as Deputy Clerk of the Legislature for a two-year term commencing January 1, 1998 and terminating December 31, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 5 Motion by Gifford, Second by Little.

RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 1998

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 1998, as follows:

Chairman Patricia L. Hastings
#1 Vice-Chairman Ernest E. Thurston
#2 Vice-Chairman Richard L. Little
#3 Vice-Chairman Ruth S. Young
#4 Vice-Chairman Doris L. Karius
#5 Vice-Chairman Thomas M. Gifford
#6 Vice-Chairman Delmar F. Bleiler, Jr.
#7 Vice-Chairman Glenn R. Larison

VOTE: Passed 8-0.

RESOLUTION NO. 6 Motion by Thurston, Second by Little.

RE: ONE-YEAR APPOINTMENTS

BE IT RESOLVED, that the Schuyler County Legislature approves the following appointments effective immediately and terminating December 31, 1998 to the following programs, boards and councils, to wit:

CHILD CARE COORDINATING COUNCIL
Ruth S. Young

FIRE SAFETY ADVISORY BOARD
Gerald Green/George Miller - Beaver Dams
Mark Martin/Roy Stegner - Burdett
Richard Robertson/Jay Russell - Mecklenburg
Mike Pierce/Ron Ames, Jr. - Monterey
Rick Yaw/Mike Barr - Montour Falls
Robert Burns - Odessa
William Kennedy/Tom Dykes - Tyrone
Tom Harbot/Tim Wickham - Valois-Logan-Hector
Bruce Beardsley/Charles Smith, Jr. - Watkins Glen
Ernest E. Thurston, Legislator

PLANNING COMMISSION
David Tetz - Town of Catharine
Mike Brown - Town of Cayuta
Daniel Teed - Town of Dix
Chris Kimball-Peterson - Town of Hector
Tom Ryan - Town of Montour
Robert Chadeayne - Town of Tyrone
Linda Arcangeli - Village of Burdett
Larry Scofield - Village of Montour Falls
Judith Phillips - Village of Watkins Glen
Albert Valent - Farming
Gordon Wright - Medical
William Newell - Tourism

PROFESSIONAL ADVISORY COMMITTEE
Doris L. Karius

SULLIVAN TRAIL RESOURCE, CONSERVATION & DEVELOPMENT COUNCIL
Richard L. Little

YOUTH BOARD
Ruth S. Young
Mike Johnston
Ronald Alexander
Hazel Verdegaal
Philip Barnes
Donald Dryden

VOTE: Passed 8-0.

RESOLUTION NO. 7 Motion by Thurston, Second by Little.

RE: TWO-YEAR APPOINTMENTS - AS AMENDED

BE IT RESOLVED, that the Schuyler County Legislature approves the following appointments effective immediately and terminating December 31, 1999 to the following programs, boards and councils, to wit:

AGRICULTURE & FARMLAND PROTECTION BOARD
Benjamin Dickens, Farmer
Wendell Learn, Farmer
Delmar Bleiler, Legislator
Doris L. Karius, Legislator
Charles Fausold, Cooperative Extension
Thomas Bloodgood, Director Real Property Tax Agency

AGRICULTURE AND NATURAL RESOURCES COMMITTEE
Glenn R. Larison and Thomas M. Gifford

ALCOHOLISM AND SUBSTANCE ABUSE SUBCOMMITTEE
Doris L. Karius

AUDITING COMMITTEE
Patricia L. Hastings, Ernest E. Thurston, Richard L. Little, Delmar F. Bleiler, and Thomas M. Gifford

BARGAINING COMMITTEES
Patricia L. Hastings, Chairman of Legislature
Delmar F. Bleiler, Chairman, Management & Finance Committee
Richard L. Little, Chairman, Public Works Committee
Ernest E. Thurston, Public Safety & Criminal Justice Committee
Gail M. Willis, Clerk of Legislature
Doris J. Craig, Personnel Officer

CHAMBER OF COMMERCE BOARD OF DIRECTORS
Thomas M. Gifford

COMMUNITY SERVICES BOARD
Doris L. Karius

COOPERATIVE EXTENSION SERVICE BOARD OF DIRECTORS
Glenn R. Larison

ENVIRONMENTAL MANAGEMENT COUNCIL
Ruth S. Young, Legislature
Charles Franzese, add Village of Watkins Glen
Louis Dickinson, Town of Cayuta

FINGER LAKES ASSOCIATION BOARD OF DIRECTORS
Thomas M. Gifford

FISH AND WILDLIFE MANAGEMENT BOARD
Wayne Dimmick, Sportsman
Glenn R. Larison, Legislator
Delmar F. Bleiler, Legislator Alternate

HEALTH SERVICES ADVISORY COMMITTEE
Doris L. Karius

HISTORICAL SOCIETY BOARD OF TRUSTEES
Richard L. Little

LAW LIBRARY BOARD OF TRUSTEES
Delmar F. Bleiler

HUMAN SERVICES COMMITTEE
Ruth S. Young

MENTAL HEALTH SUBCOMMITTEE
Doris L. Karius

MENTAL RETARDATION/DEVELOPMENTAL DISABILITIES SUBCOMMITTEE
Thomas M. Gifford

OFFICE FOR THE AGING ADVISORY COUNCIL
Patricia L. Hastings, Chairman
Thomas M. Gifford, Legislator

QUEEN CATHARINE STEERING COMMITTEE
Richard L. Little

RSVP ADVISORY COUNCIL
Ruth S. Young

SCHUYLER HEADSTART BOARD OF DIRECTORS
Richard L. Little

SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD
Patricia L. Hastings, Legislature
Ruth S. Young, Legislature
Thomas M. Gifford, Legislature
Charles Fausold, Planning
Charles Franzese, Regional Environmental Representative

WATER QUALITY COORDINATING COMMITTEE
Ruth S. Young

VOTE: Passed 8-0.

RESOLUTION NO. 8 Motion by Thurston, Second by Little.

RE: APPOINTMENTS - CRIMINAL JUSTICE ADVISORY COUNCIL

BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of the following individuals to the Criminal Justice Advisory Council effective immediately with no ending term:

J.C. Argetsinger, County Court Judge
Joseph Fazzary, District Attorney
Patricia L. Hastings, Chairman of Legislature
Daniel Fitzsimmons, Esq., Legal Representative
Ernest E. Thurston, Legislator

VOTE: Passed 8-0.

RESOLUTION NO. 9 Motion by Karius, Second by Little.

RE: APPOINTMENTS - FOREST PRACTICE BOARD

BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of the following individuals to the Forest Practice Board effective immediately, to wit:

Glenn R. Larison, Legislator Term Ending 12/31/99
David Tetz, Forester Term Ending 12/31/2000
William Fagnan Term Ending 12/31/2000

VOTE: Passed 8-0.

RESOLUTION NO. 10 Motion by Karius, Second by Little.

RE: APPOINTMENTS - LOCAL EMERGENCY PLANNING COMMITTEE (LEPC)

BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of the following individuals to the Local Emergency Planning Committee effective immediately with no ending term:

Ernest E. Thurston, Elected Official
Greg Mathews, Transportation

VOTE: Passed 8-0.

RESOLUTION NO. 11 Motion by Karius, Second by Little.

RE: APPOINTMENTS - RECORDS MANAGEMENT BOARD

BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of the following individuals to the Records Management Board effective immediately with no ending term:

Patricia L. Hastings, Legislature
Linda Compton, County Clerk

VOTE: Passed 8-0.

RESOLUTION NO. 12 Motion by Thurston, Second by Karius.

RE: APPOINTMENTS - SOIL AND WATER CONSERVATION BOARD

BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of the following individuals to the Soil and Water Conservation Board effective immediately, to wit:

Glenn R. Larison, Legislator Term Ending 12/31/99
Ernest E. Thurston, Legislator Term Ending 12/31/99
Anthony Specchio, Member at Large Term Ending 12/31/98
Doug Learn, Farm Bureau Term Ending 12/31/2000

VOTE: Passed 8-0.

RESOLUTION NO. 13 Motion by Thurston, Second by Karius.

RE: APPOINTMENTS - EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE

BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of the following individuals to the Emergency Medical and Highway Safety Committee, effective immediately, to wit:

Charles Franzese, Engineer Term Ending 12/31/98
Ernest E. Thurston, Chair, Public Safety & Criminal Justice Term Ending 12/31/99
Patricia L. Hastings, Chairman Legislature Term Ending 12/31/98
Greg Mathews, County Highway Superintendent Term Ending 12/31/98

VOTE: Passed 8-0.

RESOLUTION NO. 14 Motion by Thurston, Second by Karius.

RE: APPOINTMENT - OFF-TRACK BETTING CORPORATION BOARD OF DIRECTORS

BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Philip C. Smith as Schuyler County=s representative to the Off-Track Betting Corporation Board of Directors, effective immediately.

DISCUSSION: Legislator Young stated that Resolution No. 142-95 made this appointment with no ending term. The Clerk explained that Section 502 of the Racing Law states that the person serves at the pleasure of the board. Legislator Bleiler said he did some research and feels both interested people are capable of doing a good job. It is untimely seeing how presently there are negotiations going on for a future parlor in the county. He would hate to see a change at this time, therefore, he feels the present member should remain. Legislator Gifford stated that the person nominated has been on the board before, he supports the resolution. Legislator Thurston said he is unaware of any negotiations going on for a new parlor and it is time for a change. He also supports this resolution. Legislator Karius called for the vote.

VOTE: Passed 5-3. Noes: Young, Bleiler, Larison.

RESOLUTION NO. 15 Motion by Larison, Second by Little.

RE: APPOINTMENTS - SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY

BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of the following individuals to the Schuyler County Industrial Development Agency, effective immediately, to wit:

Thomas M. Gifford Term Ending 12/31/99
Phil Jacobus Term Ending 12/31/99
Barbara J. Halpin Term Ending 12/31/2000
Carl Taber Term Ending 12/31/2000
Steve Miller Term Ending 12/31/2000
John Czamanske Ex-Officio, and

BE IT FURTHER RESOLVED, that the original Certificates of Appointment be forwarded to the Department of State (Division of Miscellaneous Records) for filing.

DISCUSSION: Legislator Young asked why Jim Hazlitt=s name is not in the resolution. Last she knew he was going to be appointed. Chairman Hastings explained that Mr. Hazlitt submitted a letter of declination due to time constraints.

VOTE: Passed 7-1. No: Young.

RESOLUTION NO. 16 Motion by Larison, Second by Little.

RE: DESIGNATION OF LEGAL COUNTY NEWSPAPER

BE IT RESOLVED, that "The Watkins Review & Express" weekly newspaper within Schuyler County, be designated as the legal County paper to publish resolutions, election notices, official canvass and other notices.

VOTE: Passed 8-0.

RESOLUTION NO. 17 Motion by Larison, Second by Little.

RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS

BE IT RESOLVED, that the Depositories for Schuyler County funds be the following banks and for the following amounts:

FLEET BANK, N.A.
Watkins Glen Office
401 N. Franklin Street
Watkins Glen, NY 14891 $3,000,000.00

MARINE MIDLAND BANK, N.A.
Watkins Glen Office
Franklin at Eight Street
Watkins Glen, NY 14891 $3,000,000.00

CHEMUNG CANAL TRUST COMPANY
Montour Falls or Watkins Glen Office
303 W. Main Street
Montour Falls, NY 14865 $3,000,000.00

TOMPKINS COUNTY TRUST COMPANY
The Commons, P.O. Box 460
Ithaca, NY 14851 $3,000,000.00

VOTE: Passed 8-0.

RESOLUTION NO. 18 Motion by Little, Second by Larison.

RE: CONFORM TO "RULES OF PROCEDURE"

BE IT RESOLVED, that the "Rules of Procedure", as adopted on January 13, 1992 to be effective January 13, 1992, and as amended, be conformed to.

VOTE: Passed 8-0.

RESOLUTION NO. 19 Motion by Little, Second by Larison.

RE: APPOINTMENT - SCHUYLER COUNTY ATTORNEY - 1998-99

BE IT RESOLVED, that James P. Coleman be appointed County Attorney for a two-year term commencing January 1, 1998 and terminating December 31, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 20 Motion by Little, Second by Larison.

RE: APPOINTMENT - ASSISTANT COUNTY ATTORNEY - 1998-99

BE IT RESOLVED, that this Legislature acknowledges the appointment by County Attorney, James P. Coleman of Dennis J. Morris as Assistant County Attorney for a two-year term commencing January 1, 1998 and terminating December 31, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 21 Motion by Karius, Second by Gifford.

RE: APPOINTMENT - BUDGET OFFICER FOR 1998

BE IT RESOLVED, that Nancy A. Peters be appointed Budget Officer for the year 1998.

VOTE: Passed 8-0.

RESOLUTION NO. 22 Motion by Karius, Second by Gifford.

RE: APPOINTMENT - CONFIDENTIAL SECRETARY TO COUNTY ATTORNEY - 1998-99

BE IT RESOLVED, that this Legislature acknowledges the appointment pursuant to County Law Section 501-5 by County Attorney, James P. Coleman of Barbara Klemann as Confidential Secretary to the County Attorney for the period commencing January 1, 1998 and terminating December 31, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 23 Motion by Karius, Second by Gifford.

RE: APPOINTMENT - COUNTY AUDITOR FOR 1998 AND 1999

BE IT RESOLVED, that Gail M. Willis be appointed County Auditor for a two-year term commencing January 1, 1998 through December 31, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 24 Motion by Thurston, Second by Young.

RE: APPOINTMENT - COUNTY PURCHASING AGENT FOR 1998 AND 1999

BE IT RESOLVED, that Larry J. Sassano be appointed County Purchasing Agent for a two-year term commencing January 1, 1998 through December 31, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 25 Motion by Thurston, Second by Young.

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 1998.

VOTE: Passed 8-0.

RESOLUTION NO. 26 Motion by Thurston, Second by Young.

RE: APPOINTMENT - CHIEF CORONER FOR 1998

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 1998, at an additional stipend of $1,000 for administrative duties to be paid quarterly at the rate of $250.00 per quarter.

VOTE: Passed 8-0.

RESOLUTION NO. 27 Motion by Little, Second by Larison.

RE: APPOINTMENT - HISTORIAN AND DEPUTY HISTORIAN

BE IT RESOLVED, that Barbara Bell be appointed as County Historian and Louise Stillman as Deputy County Historian for the year 1998.

VOTE: Passed 8-0.

RESOLUTION NO. 28 Motion by Little, Second by Larison.

RE: APPOINTMENT - ASSISTANT DISTRICT ATTORNEY - 1998-2001

BE IT RESOLVED, that the Schuyler County Legislature acknowledges the appointment by Joseph Fazzary, District Attorney, of Jason Cook as Assistant District Attorney for a four-year term commencing January 1, 1998 and terminating December 31, 2001. (Term of District Attorney).

VOTE: Passed 8-0.

RESOLUTION NO. 29 Motion by Little, Second by Larison.

RE: APPOINTMENT - CONFIDENTIAL SECRETARY TO DISTRICT ATTORNEY - 1998-2001

BE IT RESOLVED, that this Legislature hereby acknowledges the appointment pursuant to County Law Section 700-5 by District Attorney Joseph Fazzary of Robin Davis as Confidential Secretary to the District Attorney for the period commencing January 1, 1998 and terminating December 31, 2001. (Term of District Attorney).

VOTE: Passed 8-0.

RESOLUTION NO. 30 Motion by Little, Second by Young.

RE: APPOINTMENT - DEPUTY COUNTY CLERK - 1998-2001

BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by County Clerk Linda Compton of Joy Ector as Deputy County Clerk for the term commencing January 1, 1998 and terminating December 31, 2001. (Term of County Clerk).

VOTE: Passed 8-0.

RESOLUTION NO. 31 Motion by Little, Second by Young.

RE: APPOINTMENT - SCHUYLER COUNTY HIGHWAY SUPERINTENDENT

BE IT RESOLVED, that Gregory S. Mathews be appointed Schuyler County Highway Superintendent for a four-year term commencing January 1, 1998 through December 31, 2001.

VOTE: Passed 8-0.

RESOLUTION NO. 32 Motion by Little, Second by Young.

RE: APPOINTMENT - DEPUTY COUNTY HIGHWAY SUPERINTENDENT

BE IT RESOLVED, that this Legislature acknowledges the appointment by Gregory S. Mathews, County Highway Superintendent, of Terence Wolverton as Deputy County Highway Superintendent for a four-year term commencing January 1, 1998 through December 31, 2001. (Term of Highway Superintendent)

VOTE: Passed 8-0.

RESOLUTION NO. 33 Motion by Little, Second by Young.

RE: SCHEDULE OF SALARIES FOR 1998

BE IT RESOLVED, that the Schedule of Salaries for 1998, as attached hereto (on file), be adopted, effective January 1, 1998, and

BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 1998 Salary Schedule.

VOTE: Passed 8-0.

Chairman Hastings announced the 1998-1999 Chairmen of each Standing Committee and why she chose them. Legislator Little said he is looking forward to working with the Highway Superintendent and the Building Maintenance Supervisor. Legislator Young said her biggest challenge looks like finding a new Commissioner for Social Services. She would like to see more job training for those on welfare who need it most. Legislator Karius stated that she has some big shoes to fill. Chairman Hastings did an excellent job as the Chairman of the Health Services Committee. Legislator Bleiler said it will be quite a challenge as Chairman of the Management and Finance Committee and he is looking forward to it. He would like to see the county improve the way they do business.

PUBLIC PARTICIPATION:

Tom Ryan wished the new legislators all the luck in the world.

The Meeting adjourned at 4:36 p.m.

Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk

REGULAR MEETING
JANUARY 12, 1998

The January 12, 1998 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Hastings. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.

PUBLIC PARTICIPATION:

Phil Jacobus from the Town of Tyrone said he saw the headlines in the paper on the proposed increase in sales tax. People have been working for months on the SCOPED project and he feels the Town of Hector has let the county down by not participating. Most of the Towns and Villages have agreed to try to make it work. He is very concerned that the county would have to increase the sales tax to make SCOPED work. He asked that the county move forward with the project first instead of increasing sales tax. A sales tax increase would be here for a long time.

Diane Carl from the Town of Hector said she is not happy to hear the Town of Hector being blamed for this resolution to increase sales tax. There are other Towns and Villages that are not participating in SCOPED and she does not hear their name being mentioned. If this resolution passes the State will not move on it until next year, so it will not help the SCOPED project this year. Chairman Hastings advised that Legislator Gifford will be addressing the resolution in detail when it is announced.

RESOLUTION NO. 34 Motion by Little, Second by Thurston.

RE: APPROVE MINUTES OF THE DECEMBER 29, 1997 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the December 29, 1997 Year End Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 8-0.

RESOLUTION NO. 35 Motion by Karius, Second by Little.

RE: AUTHORIZE CERTIFICATION OF COST ALLOCATION PLAN

BE IT RESOLVED, that the Schuyler County Legislature hereby accept the 1996 Cost Allocation Plan prepared by David Griffith Associates for Schuyler County Department of Social Services claiming of county-wide administrative costs and maintenance in lieu of rent in 1996, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to certify the plan to the NYS Department of Social Services.

VOTE: Passed 8-0.

RESOLUTION NO. 36 Motion by Karius, Second by Little.

RE: PROCLAIM 1998 AS THE AYEAR OF THE FAMILY@

WHEREAS, the Schuyler County Legislature wishes to recognize the importance of families, no matter how comprised, and

WHEREAS, during the year 1998, the Schuyler County Legislature wants to acknowledge outstanding families within Schuyler County which contribute significantly to the community as a family.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim the year 1998 as the AYear of the Family@, and

BE IT FURTHER RESOLVED, that Legislators will submit nominations from their respective districts for consideration and each month a Certificate of Recognition will be issued to the selected family at a Regular Meeting of the Legislature, and

BE IT FURTHER RESOLVED, that a plaque be established in the Legislative Chambers with a gold plate attached noting each family recognized.

DISCUSSION: Legislator Bleiler asked for an explanation of this resolution. Chairman Hastings stated that this was her wish. The county has spent time and money on problems and not time legislating good things in the county. Instead of worrying over problems, lets look at families in the county that should be recognized for their efforts in the community. She is asking all legislators to pick a family in their district that is a community involved family. That family will then receive a certificate from the Legislature.

VOTE: Passed 8-0.

RESOLUTION NO. 37 Motion by Karius, Second by Little.

RE: APPOINT APPEALS COMMITTEE RELATIVE TO MANAGEMENT/CONFIDENTIAL SALARY PLAN

BE IT RESOLVED, that this Legislature approve the appointment of the following individuals to the Appeals Committee, pursuant to the provisions of the Management/Confidential Salary Plan, for the term commencing January 1, 1998 through December 31, 1999, to wit:

Doris Craig, Personnel Officer
Patricia L. Hastings, Chairman of Legislature
Chairman of Appropriate Committee for Appeal
Delmar F. Bleiler, Chairman of Management & Finance Committee
Phil Barnes, Management Representative

VOTE: Passed 8-0.

RESOLUTION NO. 38 Motion by Thurston, Second by Young.

RE: DISCONTINUE MEMBERSHIP WITH INTER-COUNTY ASSOCIATION OF WESTERN NEW YORK

WHEREAS, Schuyler County has been a member of the Inter-County Association of Western New York for many years, and

WHEREAS, throughout the years it has been difficult to attend the meetings because of the long distance locations of the meetings, and issues discussed at these meetings have pertained more to issues surrounding the larger counties within western New York, and

WHEREAS, Schuyler County=s membership with NYSAC seems to meets the county needs and provide sufficient information.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby discontinues its membership with the Inter-County Association of Western New York.

VOTE: Passed 8-0.

RESOLUTION NO. 39 Motion by Thurston, Second by Young.

RE: AUTHORIZE CREATION, ADVERTISEMENT AND FILLING OF RUNAWAY AND HOMELESS YOUTH COUNSELOR POSITION - YOUTH BUREAU

BE IT RESOLVED, that this Legislature hereby authorize the creation, advertisement and filling of a Runaway and Homeless Youth Counselor position to be filled half-time in the Schuyler County Youth Bureau at Grade Level XXI with an hourly rate of $11.72, effective immediately.

VOTE: Passed 8-0.

RESOLUTION NO. 40 Motion by Gifford, Second by Karius.

RE: MOTION TO BRING TWO (2) EMERGENCY RESOLUTIONS TO THE FLOOR

BE IT RESOLVED, that two (2) resolutions be brought to the floor.

DISCUSSION: Legislator Young asked how someone makes the determination on whether a resolution is considered an emergency or not. Attorney Coleman explained Rule No. 13 of the Rules of Procedure on preparing the agenda for the regular meeting. After this process any resolution is considered an emergency if the assembly agrees. The term Aemergency@ is not used customarily. It means items considered without notice by the majority of the Legislature.

VOTE: Passed 8-0.

RESOLUTION NO. 41 Motion by Gifford, Second by Thurston.

RE: REQUESTING THE NEW YORK STATE LEGISLATURE TO AUTHORIZE AN ADDITIONAL 1/4 % SALES TAX FOR SCHUYLER COUNTY - FAILED

WHEREAS, pursuant to Section 40 of the Municipal Home Rule Law Schuyler County will be required to undertake significant economic development and planning in the near future, and

WHEREAS, additional revenues will be needed by the County, and

WHEREAS, this increase imposes a disproportionate share of the increase on property owners, and

WHEREAS, the need for additional revenue should be spread among all segments of the County=s population, in order to minimize the impact on any one segment of the population, and

WHEREAS, the New York State Legislature could authorize the Schuyler County Legislature to impose an additional 1/4 % sales tax beginning as soon as possible in 1998 in order to equitably spread the need for additional revenues, and

WHEREAS, a necessity exists for the passage of such legislation by the New York State Legislature.

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 establish an additional 1/4 % sales tax beginning as soon as possible in 1998, and

BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator John R. Kuhl, Jr.; New York State Assemblyman James Bacalles and to the Majority and Minority Leaders of the New York State Senate and Assembly.

DISCUSSION: Legislator Bleiler stated that people are going to notice this increase and he feels it should not pass. Legislator Karius said she was late tonight because her phone would not stop ringing about this resolution. This increase would be detrimental to business owners in Hector. Legislator Gifford said there is going to be an impact on county taxpayers relative to economic development and planning. He feels there is enough support in the county for economic development. The county can not keep going on a zero budget. He demonstrated on the chalk board what the county pays now in sales tax and how this increase would affect that. He admitted that the SCOPED steering committee is not in favor of this resolution to help fund the project. Legislator Young said she was upset to find out about this resolution by word of mouth. If this project does not fly with the money already set aside then it just will not work. She is in favor of SCOPED with the way it stands right now. Legislator Bleiler said he is proud of all three towns that voted not to support this. They have participated, asked questions and when a group makes a decision to not be involved, then the Legislature needs to work with them. In reference to the increasing sales tax, when he came on board all he heard was how great the budget process was and that they came in with a zero increase again. To add this sales tax would be an insult to all who worked on the budget. Legislator Thurston made a statement for the record. ALet me first say that I will be supporting this resolution tonight for one reason and one reason only. I have been elected to represent the people and I support this resolution to bring it to the public hearing stage only. I want to hear what my constituents think. My yes vote for this resolution should by no means be construed to reflect my support or non-support for any increase in taxes in any form. I must also say that I am reluctant to support increases in any tax unless those increases are used in times of economic hardship where the choices for lawmakers are difficult in reaching a balanced budget. I guess I am not surprised that government leaders could not all reach a consensus in the formation or support of SCOPED. It seems like our history is lettered with examples of our inability to work together for the common good. It seems only fitting that our epitaph read >here lies a county that refused to work together=, a county rich in natural resources, rich in tradition, rich in talent but too short-sighted to see its future to fruitation@. He then asked if this is required to go to a public hearing. Chairman Hastings said once it has passed in Albany a Public Hearing is held and then the legislators take a final vote on it.

VOTE: Failed 3-5. Noes: Young, Karius, Bleiler, Larison, Little.

RESOLUTION NO. 42 Motion by Thurston, Second by Young.

RE: AUTHORIZE PREPARATION OF SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION AND SET DATES FOR REQUIRED PUBLIC HEARINGS

WHEREAS, Schuyler County is considering the preparation and submission of an application under the Fiscal Year (FY) 1997-1998 Housing and Urban Development (HUD) Small Cities Community Development Block Grant (CDBG) program, and

WHEREAS, two public hearings are required to be held in conjunction with the preparation of community=s CDBG application in order to obtain the views of residents on community development, housing needs, and related matters, according to a plan for citizen participation.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Community Development and Natural Resources Committee are hereby authorized to prepare an application under the FY 1997-1998 HUD Small Cities CDBG program for consideration by the Legislature, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature is directed to advertise the two required Public Hearings to be conducted by Schuyler County on Tuesday, January 27, 1998 at 5:00 p.m. and Monday, February 9, 1998 at 7:00 p.m., both Public Hearings to be held in the Legislative Chamber, 105 Ninth Street, Watkins Glen, NY.

VOTE: Passed 8-0.

UNFINISHED BUSINESS: None.

NEW BUSINESS:

Legislator Gifford said he feels a resolution needs to be done to fund the shortfall for next year in the public portion for the SCOPED project. He figures around $7,500. Chairman Hastings said after meeting with the Town of Hector the other Towns and Villages involved in the project were worried that they may have to come up with the shortfall of around $15,000. They suggested that the county try to come up with at least half of that shortfall. Legislator Gifford is suggesting that the Community Development and Natural Resources Committee draft a resolution coming up with the $7,500 at the end of the year for next year.

MOTION by Legislator Gifford to bring a consensus of the Legislature to the Community Development and Natural Resources Committee to look into finding an additional $7,500 in the 1998 budget for the SCOPED shortfall, SECOND by Legislator Larison. Chairman Hastings explained that Legislator Gifford is looking for support tonight. Legislator Gifford stated that there is a meeting on January 21, 1998 on SCOPED. He is looking for a show of support, is it worth taking to committee on January 21, 1998. Legislator Little agrees with getting a sense of support so Legislator Gifford is not wasting his time putting a resolution through the process just to have it fail in February. Legislator Bleiler said he fully supports the committee coming up with a solution, but not any additional cost to the county. Motion carried five ayes to three noes. Noes: Karius, Young, Bleiler.

REPORT ON STANDING COMMITTEES:

Legislator Thurston reported that there will be a summit held on January 22, 1998 in the Emergency Management office to discuss future plans for volunteer services. There is a shortfall of younger people getting involved in the county. Fire Departments, the Emergency Medical Services are hurting for people. The county needs a plan. The county is bound morally to provide these services. It happens to be a nationwide issue. The Sheriff, Bill Randolph, all of the Fire Departments Chiefs and Schuyler Hospital are involved.

PUBLIC PARTICIPATION:

Diane Carl from the Town of Hector asked if SCOPED could lower their budgeted amount of $250,000 to $225,000 to cover the amount there are missing from the municipalities. Chairman Hastings stated that the Town of Hector is the largest and they were counting on their support and that is probably why they have been mentioned.

Linda Compton from the Town of Hector asked why they could not lower the private portion and still keep the agreement of fifty-fifty. Chairman Hastings said it is unfair to the Towns and Villages participating that the others are not. Linda said it is unfair for the county to ask those who are participating to come up with more money. Chairman Hastings said $50,000 is already committed and signed for. Legislator Gifford stated that it is not up to the steering committee to design this project, it is up to the Board of Directors. These questions should be given to the Board of Directors for SCOPED. The cost of $250,000 was determined by the steering committee to be the bare minimum to accomplish this project or any project of this kind.

Diane Carl felt the program was not presented well. The Legislature should not expect the Towns and Villages to commit to this without a plan.

Phil Jacobus said this is brand new to Schuyler County. The Town of Hector has the potential to gain the most by this project.

Len Ferris from the Town of Hector asked if the sales tax issue was triggered by Hector=s response. Chairman Hastings stated that they were worried about the second year of this project since Hector would not participate. Would other Towns and Villages say no? The county has discussed a sales tax increase in the past to help the economic development in the county. Len asked if the State Attorney General=s office has said this is legal. Attorney Coleman explained that they have been in touch with the State Comptroller=s office and they are aware of the project. He does not anticipate them saying it is illegal. Len stated that it is becoming apparent that we were supposed to be for the people and we are not anymore.

Legislator Bleiler stated he is proud of the businesses and municipalities for making their decisions the way they did. He agrees with those who have said what we have is enough. Maybe other municipalities will participate next year, we do not know. Chairman Hastings said she is proud of the six municipalities that did participate.

Chairman Hastings announced that on behalf of the Legislature she is sending a certificate of recognition and a county key to Mary German for all of her hard work on the Environmental Management Council. Mary was on the council for ten years and this is long overdue. She has become very ill and was just recently transferred to a hospital in Delaware where her son lives. Mary received a standing ovation.

The Meeting adjourned at 7:32 p.m.

Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk

PUBLIC HEARING
JANUARY 27, 1998

The January 27, 1998 Public Hearing of the Schuyler County Legislature on the preparation and submission of an application under the Fiscal Years (FY) 1997 & 1998 Housing and Urban Development (HUD) Small Cities Community Development Block Grant (CDBG) program was called to order at 6:30 p.m. by Chairman Hastings. All Legislators were present, except Legislator Little who was excused. County Attorney Coleman was also excused.

John Czamanske reviewed for the Legislators what has happened to get to this point. On December 12, 1997 at a Canal Corridor Initiative conference in Johnstown, NY, U.S. Department of Housing and Urban Development (HUD) Secretary Andrew Cuomo announced the availability of over $300 million in funding and loan guarantees for small communities in New York State. Just over $ 100 million is being made available through the HUD-administered Small Cities program in the form of Community Development Block Grants (CDBG) and over $200 million will be available through the Section 108 Loan Guarantee program. All New York State communities of 50,000 or less in population are eligible to apply.

As stated in the official Notice Of Funding Availability (NOFA) published in the Federal Register on December 16, 1997, these new funds "provide small communities and counties in New York State with an opportunity to propose programs that focus on creating or expanding job opportunities, addressing housing needs, or meeting public facilities needs. HUD encourages communities to propose programs that are creative and innovative in addressing the needs of their community."

Letters regarding HUD's Notice of Funding Availability were mailed January 7, 1998 to all Schuyler County Mayors and Supervisors, as well as to all county legislators. A press release was issued January 6, 1998.

These are the same programs (CDBG & Sec. 108) which will provide funding to Schuyler County and other New York communities for the Canal Corridor Initiative (CCI) announced last year. The funding announced in December is in addition to the funds already committed to CCI.

Basic eligible activities include acquisition, construction, and rehabilitation of public facilities; provision of certain public services; alleviation of immediate threats to public health and safety; housing services; utilities construction or acquisition; construction of housing; home ownership assistance, micro-enterprise assistance; and technical assistance. Activities must address at least one of the national objectives, i.e., benefit to low- and moderate-income persons, elimination of slums or blighting conditions, or meeting imminent threats to the health and safety of the community.

The maximum grant award for any fiscal year is $400,000 per municipality and $600,000 per county. The funds for this cycle of CDBG come from two fiscal years (FY 97 & FY 98), so communities can put in one application for each fiscal year.

HUD is accepting applications for single purpose projects only, i.e., a single purpose project for each fiscal year application. HUD will not accept multi-year proposals.

Section 108 loans are not awarded competitively. Grants awarded for proposals that also include 108 loans will be conditioned on the approval of a 108 loan application within a stated time.

The program involves a statewide competitive process. The original application deadline of March 2, 1998, as stated in the NOFA, has been extended at least 30 days due to a desire to allow more time for North Country communities devastated by the recent ice storm. HUD has not officially set a new deadline.

Schuyler County is considering submitting two applications to HUD under this program. Based on the tight time frame, on January 12, 1998 the County Legislature set dates for the two required public hearings: tonight and at its regular February meeting (2/9/98). These public hearings are required by HUD regulations as part of the citizen participation process. Because of the extension of the deadline, the February public hearing will probably be postponed to a later date to allow for the proposals to be more fully developed before seeking more public comment.

The Legislature also directed the Chairman of the Legislature and the Chairman of the Community Development and Natural Resources (CDNR) Committee to prepare applications for consideration by the Legislature. The CDNR Committee, which oversees the county's planning and community development activities, took up this matter at its January 21, 1998 meeting. Based on input from staff, the ideas submitted to the county, the requirements of the program, and the tight time frame, the CDNR Committee decided to focus on developing applications for two proposals: the creation of a local economic development revolving loan fund and funding for an owner-occupied housing rehabilitation program. As the county's contracted county planning agency, the Planning and Community Development Office of Cornell Cooperative Extension of Schuyler County will be working with the county to prepare these applications. As stated at the CDNR meeting, developing two applications in a short time is an ambitious endeavor, however, it is hopeful that they will be able to get it done.

The housing initiative stems from a proposal by Sheen Housing, Inc. to assist in preparing an application and to administer the housing rehabilitation program if funded. Sheen Housing is a not-for-profit agency that facilitates the provision of safe, decent, and affordable housing for very low to moderate income individuals and families in thirteen Upstate counties, including Schuyler. The initial step in putting this proposal together involves a survey to assess the need and interest by homeowners. Based on a review of county census data by Sheen Housing, the survey will target a random sampling of 200 homeowners in each of three towns: Catharine, Tyrone, and Hector. The survey should be going out this week from the Sheen Housing office in Canandaigua. Once the surveys are returned to Sheen and tabulated, they will select the most likely candidates and gather additional information. The housing application will specifically identify 20 to 25 houses. However, since a significant amount of time will pass between the application and the time the money will actually be available, it is likely that there will be changes.

Sheen Housing Executive Director Allynn Smith has offered to include an unspecified amount of their foundation funds as a partial match for the block grant funds which will improve the rating for the application. This application would only be for block grant funds.

The local economic development loan fund proposal has not been fleshed out at this point. The idea is to structure it in a similar fashion as did other Canal Corridor communities last year by using block grant funds to significantly lower the interest rate on the Section 108 loans. Based on the one-third/two-thirds ratio which HUD uses for these programs, it is hoped that the county's maximum block grant eligibility of $600k could be combined with twice that amount of Section 108 loans to capitalize a $1.8 million dollar loan fund. Caution: these figures are very preliminary. It is expected that the loan fund would constitute the Fiscal Year 1997 (FY 97) application and the housing initiative would be submitted as the Fiscal Year 1998 (FY 98) application.

Copies of the NOFA summary are available. A few copies of the complete NOFA are also available. This information and other information about HUD's programs can be accessed on the Internet at: http://www.hud.gov and at http://www.huduser.org.

Also at the press conference at which this latest round of HUD funding was announced, HUD Secretary Andrew Cuomo and Agriculture Dept. Secretary Dan Glickman signed an interagency agreement committing their departments to closer coordination, specifically as it relates to New York State and the Canal Corridor Initiative. At the same time, Secretary Glickman announced the availability of $75 million in funding for New York State through existing USDA lending and assistance programs. The rating process for the competitive elements of these programs gives extra credit for being located in a Canal Corridor Initiative community, which includes all of Schuyler County.

There was no public in attendance to make any comments.

The Public Hearing adjourned at 5:27 p.m.

Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk

REGULAR MEETING
FEBRUARY 9, 1998

The February 9, 1998 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Hastings. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.

CERTIFICATE OF RECOGNITION TO BILL RANDOLPH AND SHIRLEY CHURCHES AT 6:30 P.M.:

Legislator Thurston stated that during the last couple of years employees have been honored for going above and beyond their job description. These two employees definitely deserve recognition. He then read and presented Certificates of Recognition to Bill and Shirley.

PUBLIC PARTICIPATION:

Lory Peck questioned Resolution No. 82 in regards to an Assistant District Attorney. Legislator Thurston explained that with the tremendous backlog in cases in that office the District Attorney had requested two Assistant District Attorneys (ADA). They Legislature agreed to only one ADA, however, they put $10,000 in a line item for him to hire someone by contract if needed for special cases.

RESOLUTION NO. 43 Motion by Thurston, Second by Larison.

RE: APPROVE MINUTES OF THE JANUARY 5, 1998 ORGANIZATIONAL MEETING AND THE JANUARY 12, 1998 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the January 5, 1998 Organizational Meeting and the January 12, 1998 Regular Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 8-0.

RESOLUTION NO. 44 Motion by Larison, Second by Gifford.

RE: APPROVAL OF ALTERNATIVES TO INCARCERATION PLAN FOR 1998 - PROBATION

WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the term January 1, 1998 through December 31, 1998, and

WHEREAS, said Plan and Budget have been reviewed and both appear to be in order.

NOW, THEREFORE, BE IT RESOLVED, that the 1998 Criminal Justice Advisory Plan and Budget be, and hereby are, approved by the Schuyler County Legislature, and

BE IT FURTHER RESOLVED, that the Criminal Justice Advisory Council submit the same to the New York State Division of Probation and Correctional Alternatives for approval.

VOTE: Passed 8-0.

RESOLUTION NO. 45 Motion by Larison, Second by Gifford.

RE: APPROVE APPLICATION FOR CORRECTION OF TAX ROLL PURSUANT TO SECTION 554 OF THE REAL PROPERTY TAX LAW - TOWN OF TYRONE, TAX MAP # 49.15-2-1.11/ES AND 29.20-1-4/ESMT

WHEREAS, an application for corrected tax roll was made in accordance with Section 554 of the Real Property Tax Law, as follows because data had been erroneously maintained to the easement field:

State of NY Tax bills for:
C/O County Treasurer Tax Map #29.20-1-4/ESMT $11.40
Schuyler County #49.15-2-1.11/ES $69.61
Town of Tyrone, and

WHEREAS, it is the recommendation of the Director of Real Property Tax Service and the Governmental Operations Committee that the application be approved based upon the reason noted above.

NOW, THEREFORE, BE IT RESOLVED, that the tax roll be corrected to reflect this error, and that the County Treasurer be hereby directed to adjust the amounts accordingly .

VOTE: Passed 8-0.

RESOLUTION NO. 46 Motion by Larison, Second by Gifford.

RE: APPROVE APPLICATION FOR CORRECTED TAX ROLL PURSUANT TO SECTION 554 OF THE REAL PROPERTY TAX LAW - TOWN OF HECTOR, TAX MAP #2.-1-19

WHEREAS, an application for corrected tax roll was made in accordance with Section 554 of the Real Property Tax Law, as follows due to a clerical error. The Hector Fire District tax of $22.35 was levied, the USA is exempt and therefore the tax should be expunged:

United States of America Tax Map # 2.-1-19
5218 NYS Route 414 Town of Hector
Hector, NY 14841 (The United States of America purchased the parcel on 01/06/97), and

WHEREAS, the Director of Real Property Tax Services recommends approval of this application based upon the reason noted above.

NOW, THEREFORE, BE IT RESOLVED, that the tax roll be corrected to reflect the United States of America's exempt status, and that the County Treasurer be hereby directed to adjust this amount accordingly.

VOTE: Passed 8-0.

RESOLUTION NO. 47 Motion by Larison, Second by Gifford.

RE: APPROVE APPLICATION FOR CORRECTED TAX ROLL PURSUANT TO SECTION 554 OF THE REAL PROPERTY TAX LAW - TOWN OF DIX, TAX MAP #65.18-1-30

WHEREAS, an application for corrected tax roll was made in accordance with Section 554 of the Real Property Tax Law, as follows because the School District is constitutionally exempt and the taxes in the amount of $940.69 should be expunged:

Watkins Glen Central Tax Map #65.18-1-30
School District Town of Dix
Free Public Library Village of Watkins Glen
610 South Decatur Street Watkins Glen Central School
Watkins Glen, NY 14891 (Free Public Library purchased on 5/28/97), and

WHEREAS, the Director of Real Property Tax Services recommends approval of this application based upon the reasons noted above.

NOW, THEREFORE , BE IT RESOLVED, that the tax roll be corrected to reflect the School District=s exempt status, and that the County Treasurer be hereby is directed to adjust this amount accordingly.

VOTE: Passed 8-0.

RESOLUTION NO. 48 Motion by Larison, Second by Gifford.

RE: CORRECTION OF TOWN OF DIX TAX ROLL - REMOVE RETURNED SCHOOL TAX FROM PROPERTY ASSESSED TO DEMERITT - TAX MAP #76.18-1-16

WHEREAS, the Watkins Glen School Tax Collector has notified the county of an error in their tax return due to an error in applying an escrow payment, and

WHEREAS, the escrow company and Brian and Connie Demeritt, want to resolve the matter as soon as possible.

NOW, THEREFORE, BE IT RESOLVED, that the Watkins Glen Central School tax return for the Town of Dix, Village of Montour Falls, be reduced by $971.81, and

BE IT FURTHER RESOLVED, that the above referenced tax bill and the amount due the County Treasurer on the Tax Warrant for the Town of Dix be reduced by the amount of $1,039.84.

VOTE: Passed 8-0.

RESOLUTION NO. 49 Motion by Larison, Second by Gifford.

RE: CORRECTION OF TOWN OF READING TAX ROLL - ADD RETURNED SCHOOL TAX TO PROPERTY ASSESSED TO COLE - TAX MAP #65.9-1-39

WHEREAS, the Watkins Glen School Tax Collector has notified the County of an error in their tax return due to an error in applying an escrow payment, and

WHEREAS, the escrow company and Alexander and Marjorie Cole both want to resolve the matter as soon as possible.

NOW, THEREFORE, BE IT RESOLVED, that the Watkins Glen School Tax return for the Town of Reading be increased by $376.36, and

BE IT FURTHER RESOLVED, that the above referenced tax bill and the amount due the County Treasurer on the Tax Warrant for the Town of Reading be increased by the amount of $402.71.

VOTE: Passed 8-0.

RESOLUTION NO. 50 Motion by Little, Second by Thurston.

RE: RESOLUTION OF COMMITMENT TO SCOPED

WHEREAS, the County has determined that there is a shortfall to meet the projected budget needs of SCOPED.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby pledge its commitment to SCOPED and further commit to making any necessary appropriation of funds by the end of the year 1998, in an amount not to exceed $15,000.

DISCUSSION: Legislator Larison stated that he supports spending money for SCOPED. Legislator Bleiler agrees to spending money on planning and $80,000 is more than enough. He can not support this resolution. Legislator Young stated that she also feels enough is enough, if $250,000 is not enough than another $15,000 will not make a difference. She is concerned about the direction of SCOPED. She will be voting no on this resolution.

VOTE: Passed 6-2. Noes: Bleiler, Young.

RESOLUTION NO. 51 Motion by Little, Second by Thurston.

RE: RULES OF PROCEDURE MODIFICATION - ONE MONTH NOTICE(PER RULE 29)

WHEREAS, Schuyler County Department Heads have demonstrated a strong commitment to cost containment and efficiency, and

WHEREAS, the County=s fiscal affairs are in good condition due to the cooperation of Department Heads in controlling budget expenditures, and

WHEREAS, primary responsibility for overseeing appropriate expenses should be at the Department Head Level.

NOW, THEREFORE, BE IT RESOLVED, that one month=s notice of the following deletion of a portion of Rule 22 (Paragraph 11) be, and hereby is given, pursuant to Rule 29 of said Rules of Procedure:

"Any appropriated equipment expenditure in excess of $500.00 shall be approved by the department's committee except when the Department Head deems an emergency to exist. In the case of an emergency the Department Head shall submit written documentation of the emergency with the County Auditor and respective committee chairperson.@

VOTE: Passed 8-0.

RESOLUTION NO. 52 Motion by Little, Second by Thurston.

RE: A RESOLUTION TO PROVIDE NOTICE OF A PUBLIC HEARING ON THE PROPOSAL TO CREATE AN AGRICULTURAL DISTRICT COMPRISING CERTAIN LANDS IN THE TOWNS OF TYRONE, READING, ORANGE, AND DIX TO BE KNOWN AS SCHUYLER COUNTY AGRICULTURAL DISTRICT #2

WHEREAS, the Schuyler County Legislature was presented petitions on October 14, 1997 in support of a proposal to create an agricultural district comprising certain lands in the Towns of Tyrone, Reading, Orange, and Dix, and

WHEREAS, the New York State Agricultural Districts Law, enacted in 1971, has been the state's most effective tool for maintaining lands in agriculture and which recognizes that agricultural lands are an important and irreplaceable resource, that they are being lost due to development, high costs of doing business, and regulatory restraints, and that certain actions can be taken to retain lands in agriculture, and

WHEREAS, Agricultural District designation provides the following limited mechanisms for assisting farmers and protecting agricultural land:

1. Eligibility for agricultural assessments.

2. Limitation on local regulations which inhibit farming operations, unless necessary for public health and safety.

3. Encouragement of consistency with agricultural district program objectives by state agencies and policies.

4. Limitations on the exercise of eminent domain and other public acquisitions.

5. Notice requirements on public actions and review of the effect of such actions on farming.

6. Restrictions on benefit assessments, special ad valorem levies or other rates or fees in certain improvement districts or benefit areas to one-half acre surrounding any dwelling or non-farm structure.

7. Four year property tax exemptions for lands on which there are certain crop or orchard replantings or extensions.

8. Promotion of the coordination of local planning and land use decision making with the agricultural district program.

9. Provides a limited defense from public nuisance lawsuits against sound agricultural practices.

10. Prior to purchasing land in an agricultural district, buyers are to be informed that their property is in the district and that certain activities, smells, and sounds are to be expected, and

WHEREAS, the proposal for Agricultural District #2 has been filed with the Schuyler County Legislature pursuant to Section 303 of Article 25AA of the Agriculture and Markets Law of New York State, and

WHEREAS, the Legislature provided for the initial 30-day public comment period on the proposal which ran from 10/22/97 to 11/21/97, and

WHEREAS, the proposal has been reviewed and commented on by the Schuyler County Planning Commission and the Schuyler County Agricultural and Farmland Protection Board as required, revised by the staff of Cornell Cooperative Extension as necessary, and forwarded to the Legislature for consideration of approval.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Legislature will conduct a public hearing on the Agricultural District #2 proposal on February 19, 1998 at 7:00 p.m. at the Rural Urban Center Auditorium, 208 Broadway Street, Montour Falls, NY.

2. The Clerk of the Legislature shall publish the required notice of public hearing in the Watkins Review & Express and the Dundee Observer. Said notice of public hearing shall contain all the information as specified and required by Article 25AA of the Agriculture and Markets Law of New York State.

3. The Clerk of the Legislature shall ensure that the notice of public hearing is mailed to all owners of real property which is proposed to be included within the proposed district, to those municipalities whose territory encompasses the proposed district, to the Commissioner of Agriculture and Markets, to the Commissioner of Environmental Conservation, and to the Secretary of State and the Advisory Council on Agriculture as specified and required by Article 25AA of the Agriculture and Markets Law of New York State. Said mailing will be accomplished primarily through the contracted services of Cornell Cooperative Extension of Schuyler County as previously agreed. The mailing may include additional information at the discretion of Cooperative Extension which will assist property owners in better understanding the agricultural districts program generally and this proposal specifically.

VOTE: Passed 8-0.

RESOLUTION NO. 53 Motion by Karius, Second by Larison.

RE: AUTHORIZE AGREEMENT WITH FLACRA FOR MENTALLY ILL CHEMICAL ABUSER (MICA) PROGRAM - MENTAL HEALTH

WHEREAS, integrated services for individuals who are dually diagnosed with both mental illness and chemical dependency are not currently available in Schuyler County, and

WHEREAS, staff and administration from the Mental Health Clinic and FLACRA are committed to provide such services through a cooperative effort, and

WHEREAS, it would be beneficial to provide coordinated treatment services to this population.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Director of Community Services be hereby authorized to execute an agreement with Finger Lakes Alcoholism Counseling and Referral Agency, Inc., in an amount not to exceed $15,000, for joint alcoholism treatment services to the mentally ill chemical abuser population in Schuyler County for calendar year 1998, subject to the approval of the Schuyler County Attorney.

VOTE: 8-0.

RESOLUTION NO. 54 Motion by Karius, Second by Larison.

RE: AMEND 1997 ALCOHOLISM COUNSELING PROVIDER AGREEMENTS - MENTAL HEALTH

WHEREAS, since additional funding has been approved for the Finger Lakes Alcoholism Counseling and Referral Agency and the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc., the following agreement and budget modifications are required.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Director of Community Services be hereby authorized to execute an amendment to the agreement with Finger Lakes Alcoholism Counseling and Referral Agency, Inc. and Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc., for the amount outlined below, subject to approval by the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that this Legislature authorized the Schuyler County Treasurer to amend the 1997 County budget as follows:

REVENUE: State Funds 4322.3490 $ 9,933
EXPENSES: Finger Lakes Alcoholism Counseling 4322.0336 $ 3,933
& Referral AgencyCouncil on Alcoholism 4322.0336 $ 3,933
& Other Chemical Dependencies
of the Finger Lakes, Inc. 4322.0550 $ 6,000

VOTE: Passed 8-0.

RESOLUTION NO. 55 Motion by Karius, Second by Larison.

RE: DECLARE EQUIPMENT SURPLUS - MENTAL HEALTH

BE IT RESOLVED, that pursuant to Section 215 of the County Law this Legislature authorize the Director of Community Services to declare the following equipment as surplus and no longer needed for public use:

1989 Fisher VCR T27408
Unable to Repair
1984 Norcom Transcriber, 40808150
1985 Norcom Transcriber, 50109218
1996 900VA Battery Backup

VOTE: Passed 8-0.

RESOLUTION NO. 56 Motion by Karius, Second by Gifford.

RE: AUTHORIZE FILLING ACCOUNT CLERK TYPIST - MENTAL HEALTH

WHEREAS, the Schuyler County Mental Health Clinic has a vacant Account Clerk Typist position which has not been filled in over 90 days, and

WHEREAS, the need exists to fill this position, which has been postponed in part to determine the needs following the consolidation of the two departments, and

WHEREAS, there is adequate funding in the departmental budget to cover this position.

NOW, THEREFORE, BE IT RESOLVED, that the Mental Health Clinic be authorized to fill the Account Clerk Typist position, effective immediately, and

BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer funds totaling $12,000 from account no. 4310.435 to account no. 4310.100.

VOTE: Passed 8-0.

RESOLUTION NO. 57 Motion by Karius, Second by Gifford.

RE: AUTHORIZE CONTRACT WITH C. J. ROBINSON & ASSOCIATES, INC. - PUBLIC HEALTH

BE IT RESOLVED, that the Chairman of the Legislature and the Director of Public Health be hereby authorized to execute an agreement with C. J. Robinson & Associates, Inc. in an amount not to exceed $2,000 for computer network services to the Public Health Agency effective January 1, 1998 - December 31, 1998, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 58 Motion by Karius, Second by Gifford.

RE: CONTRACT - ITHACA CITY SCHOOL DISTRICT FOR PRESCHOOL SPECIAL EDUCATION UNDER SECTION 4410 OF THE EDUCATION LAW

BE IT RESOLVED, that the Chairman of this Legislature is hereby authorized to execute a contract with The Ithaca City School District to provide services to preschool handicapped children placed in its preschool program under Section 4410 of the Education Law from 7/1/97 through 6/30/98, at a rate to be set by the NYS Education Department; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 59 Motion by Gifford, Second by Thurston.

RE: APPOINTMENTS - OFFICE FOR THE AGING ADVISORY BOARD

BE IT RESOLVED, that this Legislature hereby approve the appointment of Robert E. Burnside and Charles E. Young to the Office for the Aging Advisory Board effective immediately with a term ending December 31, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 60 Motion by Gifford, Second by Thurston.

RE: AMEND 1998 OFFICE FOR THE AGING BUDGET

WHEREAS, the Office for the Aging has received additional SNAP funding for 1998.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the Office for the Aging=s 1998 budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION
+ $ 567 6772.100 Personal Services
+ $ 4,433 6772.200 Equipment
+ $ 5,000 6772-3772 State Aid Revenue

VOTE: Passed 8-0.

RESOLUTION NO. 61 Motion by Gifford, Second by Thurston.

RE: INCREASE HOURS OF MEAL DELIVERER POSITION - OFFICE FOR THE AGING

WHEREAS, the Office for the Aging has received additional SNAP funding for 1998.

NOW, THEREFORE, BE IT RESOLVED, that the Office for the Aging be hereby authorized to increase the hours of Tivon Meir, Meal Deliverer, from 30 hours per week to 35 hours per week, effective immediately.

VOTE: Passed 8-0.

RESOLUTION NO. 62 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE PURCHASE OF COMPUTER - OFFICE FOR THE AGING

WHEREAS, the Office for the Aging has received additional SNAP funding for 1998 and is in need of additional computer technology to comply with state requirements.

NOW, THEREFORE, BE IT RESOLVED, that the Office for the Aging be hereby authorized to purchase computer equipment through the Purchasing Department, within newly budgeted funds.

DISCUSSION: Legislator Thurston stated that with the year 2000 problem there is a lot of tremendous work ahead. With computer purchases such as this, the vendor needs to certify that it is approved for the year 2000. Tom Bloodgood assured the Legislature that computer purchases are being approved by the Computer Coordinating Committee and that committee will soon be issuing a minimum hardware recommendation.

VOTE: Passed 8-0.

RESOLUTION NO. 63 Motion by Larison, Second by Bleiler.

RE: AMEND 1998 SOCIAL SERVICES BUDGET FOR MANAGED CARE CONSULTANT SERVICES

WHEREAS, Resolution No. 402-97 authorized the Department of Social Services= contract with the Health Futures Group for managed care consultant services at a cost of $25,000, and

WHEREAS, $8,000 was expended in 1997, and

WHEREAS, Resolution No. 521-97 authorized an amendment to this contract to extend it through March 31, 1998, and

WHEREAS, a 1998 budget needs to be established.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to appropriate $17,000 to account no. 6010.435-professional services, and $17,000 to account no. 6010-3610-State Aid Administration.

VOTE: Passed 8-0.

RESOLUTION NO. 64 Motion by Larison, Second by Bleiler.

RE: AMEND 1998 SOCIAL SERVICES BUDGET FOR FOOD STAMP NUTRITION EDUCATION GRANT

WHEREAS, Resolution No. 430-97 established the 1997 budget for the Food Stamp Nutrition Education Grant, which extends through September 30, 1998, and

WHEREAS, a 1998 budget needs to be established with the remaining allocation.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to appropriate $41,161 to account no. 6010.566 and $41,161 to account no. 6010-4611-Federal Aid Food Stamps.

VOTE: Passed 8-0.

RESOLUTION NO. 65 Motion by Bleiler, Second by Thurston.

RE: LOCAL LAW INTRO. NO. 1 OF THE YEAR 1998 RELATIVE TO RESIDENCY REQUIREMENT FOR THE OFFICE OF COMMISSIONER, DEPARTMENT OF SOCIAL SERVICES, COUNTY OF SCHUYLER

WHEREAS, the Schuyler County Legislature wishes to modify the residency requirement for the Office of Commissioner, Department of Social Services.

BE IT RESOLVED, that Local Law Intro. No. 1 of the year 1998, 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 March 9, 1998 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 1 OF THE YEAR 1998

SECTION 1. LEGISLATIVE INTENT

It is the intent of the within Local Law to modify the qualifications to hold the Office of Commissioner, Department of Social Services, by dispensing with the requirement that they reside in the County of Schuyler.

SECTION 2. QUALIFICATIONS OF OFFICE

In the County of Schuyler, no provision of law, New York State or otherwise, requiring a person to be a resident of the political subdivision or municipal corporation of the State for which he/she shall be chosen or within which his/her official functions are required to be exercised, shall not prevent a person from holding the office of Commissioner, Department of Social Services of the County of Schuyler provided that person resides in the County of Schuyler or a contiguous county.

SECTION 3. EFFECTIVE DATE

This Local Law shall become effective immediately upon passage.

VOTE: Passed 8-0.

RESOLUTION NO. 66 Motion by Bleiler, Second by Thurston.

RE: AUTHORIZE CHANGE ORDER GC-1 - CONTRACT WITH J.M. WHEELER CONSTRUCTION, INC.

WHEREAS, the General Contractor, J.M. Wheeler Construction, Inc. presented a change order dated 11/13/97 to furnish all labor and materials necessary to stain the precast concrete sills for the restroom area at Seneca Harbor Park, and

WHEREAS, the Public Works Committee reviewed the change order in reference to the contract with J.M.Wheeler, Inc and recommends authorization of Change Order GC-1 as follows:

Original Contract Sum $ 99,182
Contract Sum will be increased by $ 866
New Contract Sum including this Change Order $100,048

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize the Chairman of the Legislature to sign Change Order GC-1 upon approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 67 Motion by Bleiler, Second by Thurston.

RE: AUTHORIZE HIRING A TEMPORARY MAINTENANCE MECHANIC IN THE BUILDINGS AND GROUNDS DEPARTMENT

WHEREAS, a Maintenance Mechanic in the Buildings and Grounds Department will be on Worker=s Compensation beginning February 3, 1998, and

WHEREAS, the Buildings and Grounds Department is in need of temporary help to maintain the current work load, and

WHEREAS, Worker=s Compensation will reimburse the County for two-thirds of the salary for the Maintenance Mechanic that will be on disability.

NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to hire a temporary Maintenance Mechanic at a rate of $9.33 per hour for the duration of the leave of absence for the full-time Maintenance Mechanic.

VOTE: Passed 8-0.

RESOLUTION NO. 68 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE CONTRACT WITH LABELLA ASSOCIATES - HIGHWAY

WHEREAS, the County is in receipt of Multi Modal monies from Senator Kuhl=s Office to repair eight wooden bridges throughout the County, and

WHEREAS, the County Highway Superintendent has solicited proposals for engineering services to begin these projects and recommends accepting a lump sum proposal from LaBella Associates, Inc.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be hereby authorized to enter into an agreement with LaBella Associates, Inc. for engineering services for eight wooden bridge projects at a cost of $23,400, to be paid from the County Road 1998 Engineering budget, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 69 Motion by Larison, Second by Bleiler.

RE: ACCEPT/REJECTS BIDS FOR THE CONSTRUCTION OF TOWNLINE ROAD BRIDGE, BIN #3332460

WHEREAS, the Highway Superintendent and Public Works Committee directed the Legislative Clerk to advertise for bids for the construction of Townline Road Bridge, BIN 3332460, and

WHEREAS, bids were opened January 19, 1998 and reviewed with the recommendation being made by Hunt Engineers to accept the low bid from Silverline construction.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the low bid from Silverline Construction for the construction of the Townline Road Bridge, BIN #3332460 at the low bid price of $239,774.00, and

BE IT FURTHER RESOLVED, that all other bids received be hereby rejected, with a note of appreciation for their participation.

VOTE: Passed 8-0.

RESOLUTION NO. 70 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS - HIGHWAY

WHEREAS, in accordance with Section 103 of the General Municipal Law, all purchase contracts involving an expenditure of more than $10,000 and all contracts for public works involving an expenditure of more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this section.

NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for materials and supplies for 1998 and/or participate with the State of New York in its bids, and

BE IT FURTHER RESOLVED, that, as in the past, the Towns of Schuyler County and any municipality in Schuyler County so authorized by County Resolution be allowed to participate in said bids.

VOTE: Passed 8-0.

RESOLUTION NO. 71 Motion by Karius, Second by Little.

RE: AGREEMENT WITH C.J. ROBINSON & ASSOCIATES, INC. - MENTAL HEALTH

WHEREAS, the Schuyler County Community Services Board established an agreement with C. J. Robinson & Associates, Inc. for computer network services effective August 1, 1997 through December 31, 1997, and

WHEREAS, it is desirable to continue this contract on an annualized basis, funding to do so having been included in the budget.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the Chairman of the Legislature and the Director of Community Services to execute an Agreement with C.J. Robinson & Associates, Inc. for computer network services effective January 1, 1998 through December 31, 1998, in an amount not to exceed $4,200, subject to the approval of the County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 72 Motion by Karius, Second by Little.

RE: APPOINTMENT - CHAIRMAN OF THE SCHUYLER COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL

WHEREAS, the bylaws of the Schuyler County Environmental Management Council state that the chairperson shall be nominated by the Council and appointed by the County Legislature, and

WHEREAS, at the January 7, 1998 regular meeting of the Council, the members nominated Charles J. Franzese, P.E. as Chairman of the Council.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby reappoints Charles J. Franzese, P.E. as Chairman of the Schuyler County Environmental Management Council for a one year term expiring on January 3, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 73 Motion by Karius, Second by Little.

RE: AUTHORIZE LEASE AGREEMENT WITH SCOPED

BE IT RESOLVED, that the Chairman of this Legislature be hereby authorized to enter into a lease agreement with SCOPED for office space at the Rural Urban Center, the cost thereof being calculated in accordance with the prevailing rate of $9 per square foot for 513 square feet or $4,617 annually, which cost represents an in-kind credit against the county=s share of SCOPED=s financial support, for the term commencing February 10, 1998 through December 31, 1998, and

BE IT FURTHER RESOLVED, that this agreement include telephone service at a cost to include monthly, the actual telephone and line charges and a 15% administrative cost per line for use of the county phone service to be added to the county=s current Bell Atlantic Contract, and

BE IT FURTHER RESOLVED, it is understood this will be an ongoing, annual, standard agreement after the year 1998; said agreement being subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 74 Motion by Thurston, Second by Little.

RE: POSTPONE DUE DATE FOR 1998 GOALS OF MANAGEMENT/CONFIDENTIAL EMPLOYEES

WHEREAS, the Management and Finance Committee will be reviewing guidelines for establishing goals for 1998.

NOW, THEREFORE, BE IT RESOLVED, that the deadline for Management/Confidential Employees to submit 1998 goals shall be postponed until further notice.

VOTE: Passed 8-0.

RESOLUTION NO. 75 Motion by Thurston, Second by Little.

RE: APPOINTMENT OF LABOR/MANAGEMENT COMMITTEE

WHEREAS, per the CSEA Administrative Unit Contract, the parties are authorized to establish a labor-management committee to foster and continue harmonious labor relations by discussing issues of mutual concern in an attempt to reach informal resolution, and

WHEREAS, the union president has requested a labor-management committee be formed to meet on a monthly basis or as needed to discuss county-wide issues.

NOW, THEREFORE, BE IT RESOLVED, that the Legislative representatives on said committee will be as follows: Patricia L. Hastings
Ernest E. Thurston
Delmar F. Bleiler, and

BE IT FURTHER RESOLVED, that the union will appoint up to three representatives to serve on said committee.

VOTE: Passed 8-0.

RESOLUTION NO. 76 Motion by Thurston, Second by Little.

RE: AMEND RESOLUTION NO. 7-98 - TWO-YEAR APPOINTMENTS

WHEREAS, Resolution No. 7-98 erroneously appointed Del Bleiler to the Regional College Board of Directors when in fact there is no vacancy.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 7-98 be amended to reflect the removal of the above appointment.

VOTE: Passed 8-0.

RESOLUTION NO. 77 Motion by Little, Second by Bleiler.

RE: AUTHORIZE BIDS FOR ABSTRACTING SERVICES FOR 1998 TAX SALE AUCTION PROPERTIES

BE IT RESOLVED, that the Clerk of this Legislature be hereby authorized to advertise for bids for abstracting services for the 1998 tax auction properties, and

BE IT FURTHER RESOLVED, bids are to be received no later than 5:00 p.m. on February 27, 1998 by the Clerk of the Legislature, 105 Ninth Street, Watkins Glen, NY. Bids are to be opened and considered at the Management and Finance Committee meeting at 3:00 p.m. on March 2, 1998, at which time recommendation for Legislative action will be made; acceptance or rejection of bids to be made at the March 9, 1998 Regular Meeting of the Legislature; the County of Schuyler reserves the right to accept or reject any and all bids.

VOTE: Passed 7-0. Abstain: Gifford.

RESOLUTION NO. 78 Motion by Little, Second by Bleiler.

RE: AMEND THE SCHUYLER COUNTY POLICIES AND PROCEDURES - LETTER OF APPOINTMENT NEW HIRES AND EMPLOYEES ASSIGNED NEW TITLES

WHEREAS, there is a need to clearly state certain terms of employment when hiring and changing the title of an employee, and

WHEREAS, not having written documentation on the job offer made to said employee and accepted by said employee, has allowed questions to be raised sometimes even years after the employee began serving in a job title, and

WHEREAS, in some cases the person(s) making the offer of employment are no longer available to help solve the questions, and

WHEREAS, the search for documentation and the effort to re-create employee history is time consuming and costly yet not always able to accurately prove a case beyond a reasonable doubt.

NOW, THEREFORE, BE IT RESOLVED, that the Legislature does hereby authorize the amendment of the Schuyler County Policies and Procedures by the addition of the following:

Letter of Appointment - Newly Hired Employees and Employees Reassigned to a Different Title

Prior to an employee being hired or an employee being appointed to a different title, the appointing authority shall present to that person a dated letter that clearly states the following information:

1. Title of position being offered

2. Salary to be paid upon appointment.

3. Classification of the position (eg. Competitive, exempt, etc)

4. Type of appointment (eg. Provisional, permanent, etc) including civil service examination requirement if appropriate.

5. Length of probationary period and when it begins.

The employee shall respond to the letter of appointment in writing with a statement that the offer of employment as stated in the letter dated......(date to be inserted) is accepted or declined. The response must be dated and signed by the employee and received by the appointing authority prior to any appointment becoming effective.

A copy of the appointing authority=s letter and the original of the employee=s response shall be given to the Personnel Officer (or his/her designee) for placement in the personnel file. These documents shall be submitted with form MSD426A which is necessary to process appointments.

VOTE: Passed 8-0.

RESOLUTION NO. 79 Motion by Little, Second by Bleiler.

RE: AUTHORIZE HIRING OF PART-TIME TYPIST IN THE CIVIL SERVICE/PERSONNEL DEPARTMENT

WHEREAS, there is a need for additional clerical support in the Civil Service/Personnel Department, and

WHEREAS, this need can best be filled by a county employee as the duties to be assigned are permanent, continuing services provided by the department, and

WHEREAS, Civil Service law only permits a temporary appointment of this nature for three months.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize the creation and filling of a Typist position in the Civil Service/Personnel Department on a part-time basis within the 1998 budgeted funds appropriated for this purpose, and

BE IT FURTHER RESOLVED, that Resolution No. 474-97 be hereby rescinded.

VOTE: Passed 8-0.

RESOLUTION NO. 80 Motion by Thurston, Second by Gifford.

RE: AUTHORIZE FOUR (4) EMERGENCY RESOLUTIONS BE BROUGHT TO THE FLOOR

BE IT RESOLVED, that this Legislature authorize four (4) resolutions be brought to the floor.

VOTE: Passed 8-0.

RESOLUTION NO. 81 Motion by Thurston, Second by Karius.

RE: AUTHORIZATION FOR SCHUYLER COUNTY PINS DIVERSION ADMINISTRATIVE COMMITTEE TO PREPARE AND SUBMIT PINS GRANT AND COMMITMENT OF COUNTY FUNDS OUT OF CONTINGENCY ACCOUNT - PROBATION

WHEREAS, the County of Schuyler has received notification for an extension of the PINS Wrap-around funding in the amount of $ 5,000 in federal funds from the New York State Division of Criminal Justice Services, and

WHEREAS, said funds are earmarked for provision of services for PINS at risk youth and their families in order to prevent out of home placements, and

WHEREAS, said grant requires that the County commit the sum of $1,667.00 as a hard cash match as an extension to the end of the year, and

WHEREAS, the PINS Diversion Administrative Committee and the Public Safety Committee of this Legislature have discussed the benefits of applying for said grant.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature consent to the Schuyler County PINS Diversion Planning Committee preparing the necessary application and submit it to the Chairman of the Schuyler County Legislature for her signature upon authorization from the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that this Legislature commit the sum of $1,667 from the County Contingency Account and transfer said amount into the Probation Department 3140.499-3141 account, creating a separate line item with said funds to be used for the provision of additional services for PINS youth and their families as authorized in the said grant, this being in addition to the funds previously authorized, and

BE IT FURTHER RESOLVED, there will an accounting of expenditures and program impact by the Director of Probation by October 1, 1998.

VOTE: Passed 8-0.

RESOLUTION NO. 82 Motion by Thurston, Second by Karius.

RE: AMEND RESOLUTION NO. 529-97 - CONTRACT FOR LEGAL SERVICES FOR 1998 - DISTRICT ATTORNEY

WHEREAS, Resolution No. 529-97 authorized a contract at an hourly rate of $25.00 which is incorrect.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 529-97 be amended to read, as follows:

ABE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with John C.T. Hayes for legal services for the District Attorney=s Office for the year 1998 at a monthly payment of $708.33, or an annual total of $8,500, and the Attorney shall be eligible for an additional $2,000 upon completion of any special assignments given by the District Attorney, contract subject to the approval of the Schuyler County Attorney.@

DISCUSSION: Legislator Young asked what happened to the hourly rate of $25 an hour. County Attorney Coleman explained that the resolution in December was incorrect, the District Attorney did not want to have an hourly rate. The second Assistant District Attorney (ADA) will take on as many cases or projects up to a certain amount of money in the budget. The county could never hire an ADA for $25 an hour. Legislator Thurston explained that the second ADA will be paid $708.33 a month no matter what he works on or how many hours he works a month. VOTE: Passed 8-0.

RESOLUTION NO. 83 Motion by Thurston, Second by Karius.

RE: AUTHORIZE CHAIRMAN TO SUBMIT APPLICATION FOR DEMONSTRATION GRANT AND APPOINTMENT OF CONTACT PERSON AND GRANT WRITING TEAM - INTEGRATED COUNTY PLANNING INITIATIVE FOR CHILDREN, YOUTH AND FAMILIES

WHEREAS, the State of New York Office of Children and Family Services has provided counties with the opportunity to apply for a grant for an integrated county planning initiative for children, youth and families, and

WHEREAS, this is seen as an opportunity to provide collaborative planning for the provision of services to all families in Schuyler County, and

WHEREAS, by applying for the above grant, the County of Schuyler will be able to plan for services for families in a coherent, less fragmented, local-controlled fashion.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to apply for a grant for the integrated county planning initiative for children, youth and families, signing any and all necessary documents to effectuate the same, subject to the approval of the County Attorney, and

BE IT FURTHER RESOLVED, that Sandra Rhodes of the Schuyler County Department of Social Services be appointed as contact person for said initiative, and

BE IT FURTHER RESOLVED, that the Schuyler County Department of Social Services, Mental Health, Public Health and Youth Bureau write the said grant in a collaborative effort with input from other agencies and individuals as seen necessary, with said grant to be received by the State of New York no later than March 4, 1998.

VOTE: Passed 8-0.

RESOLUTION NO. 84 Motion by Thurston, Second by Karius.

RE: AUTHORIZE SUBMISSION OF BALLOT QUESTION FOR SPECIAL ELECTION

WHEREAS, the Clerk of the Schuyler County Legislature is in receipt of a valid petition requesting Resolution No. 498-97, entitled AA Resolution Making Certain Determinations with Respect to the Establishment of a Proposed Improvement District in and for the County of Schuyler, New York, to be known as the >Schuyler County Lamoka/Waneta Lakes Protection and Rehabilitation District=, and approving the Establishment of Such District, Subject to Permissive Referendum@, be submitted to the qualified electors of Schuyler County for their approval or rejection, and

WHEREAS, the Legislature must decide whether this question should be submitted at the next general election to be held on November 3, 1998 or at a special election to be held in accordance with County Law Section 101, subd. 4.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby resolve that Resolution No. 498-97 as above-referenced be submitted to a vote of the qualified electors of the Schuyler County portion of the district to be held at a special election to be conducted by the Schuyler County Board of Elections and held on Tuesday, April 14, 1998 at the Town of Tyrone Fire Hall, Rte. 226, Tyrone, NY.

DISCUSSION: Legislator Bleiler asked to be filled in on background of this special election. Chairman Hastings explained that the Legislature voted to allow the district to be formed. Both Steuben and Schuyler Counties have had separate resolutions and public hearings. After the last public hearing the public had a right to petition against the forming of the district and they did. Schuyler County must now hold a special election. Legislator Larison stated that they need to move on it now or the formation of the district may lose a whole year, if they wait until the November Election. This special election will be held for those residents in that district only.

VOTE: Passed 8-0.

REPORT ON STANDING COMMITTEE:

Legislator Little reported on the Public Works Committee. The county is in the second phase of the Shared Fuel Facility grant. He will have a better update for the Legislative Committee Meeting scheduled for March 12, 1998.

Legislator Young reported on the Human Services Committee. The interviews are over for the Commissioner of Social Services and they need to now decide. She is delighted to see that the resolution passed tonight on the children youth and families grant. She feels there is a fantastic team here in the county to accomplish this task.

Legislator Gifford reported on the Community Development & Natural Resources Committee. John Czamanske has been working on the CDBG grants. The first one for 1997 will be a revolving loan fund and the second one for 1998 will be for housing with the Bishop Sheen fund.

Legislator Bleiler reported on the Management & Finance Committee. The first task the committee has is how to make two three-hour meetings into one two-hour meeting. The next committee meeting will be March 2, 1998 at 2:00 p.m. He is excited about the upcoming JET training. Hopefully it will be a learning experience for everyone.

Legislator Larison reported on the Governmental Operations Committee. The committee just recently traveled to Seneca County to review their NTS System for the Board of Elections Office. They were shown the value of it and what it is.

UNFINISHED BUSINESS: None.

NEW BUSINESS: None.

PUBLIC PARTICIPATION:

Lory Peck made a couple of community announcements: Connie Fern Miller and himself are newly appointed to the Board of Directors for the Community Dispute Resolution Center which just opened a satellite office in the area; and he is a member of the County AIDS Task Force and there will be a regional planning committee meeting on Wednesday.

YEAR OF THE FAMILY 1998 AWARD PRESENTATION TO THE SCOTT FAMILY AT 8: 30 P.M.:

Chairman Hastings read aloud all of the activities and community functions the Scott Family is involved in, and presented the family with a Certificate of Recognition and County Key.

The Meeting adjourned at 8:35 p.m.

Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk

PUBLIC HEARING
FEBRUARY 19, 1998

The February 19, 1998 Public Hearing of the Schuyler County Legislature on the proposed Agricultural District #2 was called to order at 7:00 p.m. by Chairman Hastings at the Rural Urban Center Auditorium in Montour Falls, NY. All Legislators were present, except Legislators Thurston, Little and Larison who were absent. County Attorney Coleman was excused.

John Czamanske gave a brief overview and a brief history of the Agricultural District #2 (AD2) proposal, a description of the formal creation process, some basic information about the district, and the next steps.

Interest in creating an agricultural district in the Towns of Tyrone, Reading, Orange, and Dix was stimulated by the creation of Agricultural District #1 (AD1) in Hector in 1995. Farmers in the western part of the county began circulating petitions in 1996.

In the course of gathering signatures, the farmers requested the assistance of Cornell Cooperative Extension of Schuyler County (CCE) and the Schuyler County Planning Department in determining which lands should likely be included in such a district. Based on discussions with farmers, farm data, soil data, various maps, field surveys, professional experience, and other information, the CCE Agricultural Agent and the County Planner prepared a map which showed the outlines of a viable agricultural district. The proposed district included active farms as well as less active, but viable, agricultural lands. This is the map that is on display tonight.

On March 21, 1996 a public information meeting was held on the proposal. In addition, presentations subsequently were made to the town boards of each of the Towns encompassing lands in the proposed district.

The Schuyler County Agricultural and Farmland Protection Board took up the proposal again in July 1997 and resolved to gather the remaining signatures necessary for presentation of the proposal to the Legislature. The necessary signatures were obtained and the petitions and the draft proposal were submitted to the legislature on October 14, 1997.

According to the NYS Ag District Law, the County Legislature has 180 days to adopt or reject the proposal once petitions are submitted. The first step was a 30-day comment period which ran from October 22, 1997 to November 21, 1997. No comments nor proposed modifications were received during that period. This was followed by referral of the proposal to the Schuyler County Planning Commission and the Schuyler County Agricultural and Farmland Protection Board. The comments of these two boards have been incorporated into the draft district report. The next step is what we are here for tonight, the public hearing.

The notice of public hearing was required to be mailed to all of the property owners in the proposed district as well as to the municipalities involved. About 920 packets were mailed out, containing the hearing notice, a small map, a brief report on the district, and a list of answers to frequently asked questions.

There are a total of 1,138 parcels in the proposed district, some own multiple parcels. In total there are 38,266 acres.

Approximately 100 farms are located within the proposed district, about half of which are commercial operations of various sizes. Sales data from the commercial farms in the proposed district is unavailable.

Substantial portions of the lands included from the Towns of Tyrone, Orange and Dix are comprised of valley soils well-suited to farming. Soils in the Town of Reading are heavier and not as well-drained, however, with proper farming practices, they are viable for active farming.

In addition to dairy cattle, the livestock and poultry production in the proposed district includes sheep, beef cattle, swine, fallow deer, goats, horses, chicken, squab, and some exotic animals such as llamas and ostriches. Fruit production consists primarily of grapes, tree fruit, and small berries. Other products from the proposed district include wine, grape juice, Christmas trees, maple syrup, wool, honey, flowers, herbs, and assorted organic produce and vegetables.

The lands which have been included in the proposed district were initially selected by the County's Agricultural Agent and Planning Department because of the presence of active farming and/or viable agricultural lands. On tax parcels where farming is occurring and/or where there are viable agricultural soils, some non-farm land or non-viable soils may be included because of the legal requirement to include only whole tax parcels. This is unavoidable.

The desire for overall contiguity of lands in the district has led to the inclusion of some non-farm parcels. Formation of the agricultural district will have very little, if any, effect on these non farm parcels.

After tonight's hearing, any modifications agreed to will be made to the proposal and a final report will be prepared and presented to the Legislature for consideration. If there are substantial unresolved issues after tonight's hearing, a second public hearing will be required.

In addition to the final report, the SEQR environmental assessment must be completed. It is expected that a negative declaration of environmental significance will be made.

Next will be the creation of a final map, prepared to the specifications required by New York State.

Once approved by the County Legislature the final proposal will be submitted to the Commissioner of Agriculture and Markets for his approval.

Chairman Hastings introduced herself and the other county representatives in attendance.

Legislator Bleiler asked if the surrounding counties have an agricultural district. Various people stated that Tompkins, Steuben and Chemung Counties have agricultural districts. John said that there are a total of 415 Agricultural Districts in New York State.

Fay Frost stated that he sees some farms that are real productive that are not on the map. Elaine Dalrymple said she is familiar with the areas he is talking about. They tried to include all of the farms and it probably should be included.

Perry McGee asked why some areas on the map are not shaded that should be. Elaine explained that some of the land is forest and therefore it will not be shaded. John explained that they can include land this evening. If there are changes to be made after tonight a second public hearing would have to be held. Bob Chadeayne said he believes there is a review process of eight years before that can happen. Chairman Hastings said it would be worth holding another hearing.

Martin Seymour asked if the property could be taken out of the district if sold. John explained the district would not affect the sale of land. Martin asked if a developer purchased some of his land that was in the district and they then wanted to put a development on it what would happen. John explained that there would be an extensive review done before the development could happen. The whole idea of a district is to limit the negative affects on agriculture. Martin asked if it could come out of district. John stated that it would have to stay in until the review period.

Bob Chadeayne asked John Czamanske if he had received any negative comments about the proposed agricultural district. John said that he had only received about 8 or 10 phone calls since the mailing went out. Most were questions about which specific parcels were included and how the proposal would affect them generally. A few people had concerns about the affect on taxes, by lowering assessments on farms, everybody else=s taxes will go up. John said that this would indeed be the case but that, even though data is very limited, the state real property office and other experts have indicated that the actual effect is minimal.

Ben Dickens responded further by pointing out that agricultural assessments are available to farmers whether there is an agricultural district or not. Therefore this issue is in a way moot, the agricultural district will not be the cause, farmers can take advantage of agricultural assessments (and therefore have an effect on other=s taxes) regardless of the existence of an agricultural district. In addition, many of the farmers who would benefit from the agricultural assessment program have already signed up their properties. John mentioned that on this point the FAQ that was mailed out with the public hearing notice was incorrect. In the FAQ it said the state picked up half the cost to taxpayers of the agricultural assessment program. However, it should have said that this occurs only when the Commissioner of Ag & Markets mandates the creation of an agricultural district, which is not the case here.

Tom Bloodgood asked if the new map was going to be done by hand. John said it looks like it. Chairman Hastings asked if Weiler Mapping could do it. John said yes for a fee. Elaine stated that the last Planner Corry Buckwalter did the first map by hand and it is what the state wants as far as the scale.

Legislator Young asked what the cost would be with a GIS system. John stated that there was a proposal presented to the Schuyler County Legislature a few years ago to digitize all county parcels and it was around $50,000. This is a quarter of the county. A GIS system would definitely be helpful for next district.

Bob Chadeayne said, as the President of the Farm Bureau, that he has felt for several years that agricultural districts are important to help protect the right to farm. He urges the Schuyler County Legislature to move forward and adopt this proposed district.

George Bulin stated that he is also very much in support of the district. If it contributes to the tax base it is a step in the right direction.

Hulbert Rhodes said he is highly in favor of the district also.

Henry Shafer said he hopes the process moves forward.

The Public Hearing adjourned at 7:40 p.m.

Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk

REGULAR MEETING
MARCH 9, 1998

The March 9, 1998 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Hastings. The Pledge of Allegiance was led by Legislator Gifford and followed by a Moment of Silence. All Legislators were present except Legislator Thurston who was excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION:

Casey Creamer wanted to know why Legislator Young was being appointed to the SCOPED Board of Directors when she is opposed to it. Chairman Hastings stated that no one knows more about planning that Legislator Young. She cares about the environment. Her opinions about SCOPED have nothing to do with this and she feels Legislator Young will be an asset to the board. Legislator Young said she was also surprised, however, is glad to do it. She admitted that she is not a true believer and she has been a sceptic. She will ask the right questions. She feels that it is the time and place for environmental and economic concerns to come together. She wants the best of both worlds for Schuyler County. Casey Creamer asked about the emergency resolution giving aid to prosecution. County Attorney Coleman explained that he was amazed to find out that the State does not give this to all of the counties. The county is seeking whatever funding they can.

PUBLIC HEARING ON LOCAL LAW INTRO. NO. 1 OF THE YEAR 1998 TITLED: RELATIVE TO RESIDENCY REQUIREMENTS FOR THE OFFICE OF COMMISSIONER, DEPARTMENT OF SOCIAL SERVICES, COUNTY OF SCHUYLER:

Mike Myers said it appears the county is changing a law to hire someone that does not live in the county. Legislator Young explained that the Human Services Committee interviewed fourteen to fifteen people for the Commissioner=s position. During this process, they discovered that the position required the applicant to be a resident of Schuyler County. The requirement is that the Deputy Commissioner did not have to live in the county but the Commissioner did. This leaves the Deputy Commissioner with a problem in terms of a promotion in the future. In order to broaden the range of possible candidates the county needs to expand the physical parameters. Legislator Bleiler added that he feels the world is too small to draw physical boundaries. The person selected for the position has nothing to do with changing the law. They picked the best person for the job. Mike Myers asked if the Legislature will be considering doing this for all positions. Chairman Hastings said it has been discussed at length.

YEAR OF THE FAMILY 1998 AWARD PRESENTATION TO THE COOK FAMILY:

Legislator Little read aloud all of the activities and community functions the Cook Family is involved in, and presented the family with a Certificate of Recognition and County Key.

PRESENTATION BY DR. MARTI, CORNING COMMUNITY COLLEGE:

Dr. Marti explained how Corning Community College (CCC) operates. He introduced Darwin Farber, and Joan Ballinger who is involved with the Learn to Earn Program. Dr. Marti continued by explaining that CCC offers four year programs that serve Schuyler, Steuben and Chemung Counties. The college was founded in 1957 and in 1984 the college was no longer sponsored by Corning Painted Post School District. They county provides charge back money for any Schuyler County student that attends any community college in New York State. The CCC charge back is $2,00 per full-time equivalent student. He distributed information showing their operating budget and other charge backs. He is interested in equalizing the charge back rate sometime in the future. For a long time CCC was very prudent on requests for charge backs.

Joan Ballinger distributed material on the Learn to Earn Program. In Schuyler County eighteen graduates have earned over $723,000 in employment. Due to changes in welfare reform, CCC no longer has to provide two year employment training. The program is designed to provide pre-employment skills and other skills to obtain and maintain employment. There are a lot of barriers for employment like transportation and childcare. Graduates will have earned over $10 million dollars in the end. Just yesterday they received from SUNY dollars approved to train up to 40 Schuyler County residents in training programs on early childhood education.

Dr. Marti concluded by saying that CCC is not just investing money, it will bring money to the County through employees.

RESOLUTION NO. 85 Motion by Larison, Second by Young.

RE: APPROVE MINUTES OF THE JANUARY 27, 1998 PUBLIC HEARING THE FEBRUARY 9, 1998 REGULAR MEETING AND THE FEBRUARY 19, 1998 PUBLIC HEARING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the January 27, 1998 Public Hearing, the February 9, 1998 Regular Meeting and the February 19, 1998 Public Hearing of the Schuyler County Legislature be approved.

VOTE: Passed 7-0.

RESOLUTION NO. 86 Motion by Bleiler, Second by Gifford.

RE: APPOINTMENTS - SCOPED EXECUTIVE BOARD OF DIRECTORS

BE IT RESOLVED, the Schuyler County Legislature hereby approves the following appointments to the SCOPED Executive Board of Directors effective immediately and terminating December 31, 1999:

Patricia L. Hastings
Thomas M. Gifford
Ruth S. Young, Alternate Designee
Doris L. Karius, Alternate Designee

VOTE: Passed 7-0.

RESOLUTION NO. 87 Motion by Bleiler, Second by Gifford.

RE: APPOINTMENT - RECORDS MANAGEMENT OFFICER

WHEREAS, the prior Records Management Officer has retired effective December 31, 1997 therefore leaving the position vacant, and

WHEREAS, Chapter 737 of the Laws of New York - 1987, Section 57.19 states that the county is obligated to designate this position, and

WHEREAS, said position shall be without monetary compensation.

NOW, THEREFORE, BE IT RESOLVED, that the position of Deputy Clerk of the Schuyler County Legislature be, and hereby is, appointed Schuyler County Records Management Officer effective immediately.

VOTE: Passed 7-0.

RESOLUTION NO. 88 Motion by Bleiler, Second by Gifford.

RE: AUTHORIZE AGREEMENT WITH NTS SYSTEMS, INC. FOR DIGITIZATION/TRANSFER OF FUNDS - BOARD OF ELECTIONS

BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a five year agreement with NTS Systems, Inc. for digitization in the Schuyler County Board of Elections at a total cost of $28,712.00, with a one time first payment of $2,871.20 followed by sixty (60) monthly payments of $430.68, subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, since the Board of Elections is also in need of new computer equipment to comply with the NTS System, that the Board of Elections is hereby authorized to purchase computer equipment and that the Schuyler County Treasurer be hereby authorized to transfer $4,583.00 from Contingency account no. 1990.5 to Board of Elections account no. 1450.208 Computer Equipment - Misc.

VOTE: Passed 7-0.

RESOLUTION NO. 89 Motion by Karius, Second by Little.

RE: ACCEPT/REJECT BIDS FOR ABSTRACTING SERVICES FOR 1998 TAX SALE AUCTION PROPERTIES

WHEREAS, Resolution No. 77-98 authorized advertisement for bids for abstracting services for 1998 tax sale auction properties, and

WHEREAS, bids were received and reviewed with recommendation being made to accept the bid from the lowest bidder, Glen Abstract Corporation, said bid having been reviewed and approved by the Schuyler County Attorney.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby accept the following bid for abstracting services for 1998 tax sale auction properties:

Glen Abstract Corporation, 601 No. Decatur Street, Watkins Glen, NY 14891, Attn: Connie Fern Miller
BID AMOUNT: $35.00 per search, and

BE IT FURTHER RESOLVED, that the following bid(s) be rejected:

Monroe Title Insurance, 150 Lake Street, Elmira, NY 14901, Attn: Colleen Redditt, Vice-President/Manager

BID AMOUNT: $50.00 per search

VOTE: Passed 7-0.

RESOLUTION NO. 90 Motion by Karius, Second by Little.

RE: RESOLUTION SUPPORTING COUNCIL 82 IN ITS OPPOSITION TO THE PRIVATIZATION OF NEW YORK STATE CORRECTIONAL FACILITIES AND RESOLUTION IN SUPPORT OF MANDATORY TESTING OF INMATES INVOLVED IN AN ALTERCATION THAT MAY HAVE EXPOSED A CORRECTIONAL EMPLOYEE TO CERTAIN DISEASES

WHEREAS, Council 82, the New York State Corrections Officer Union, has requested support for its opposition to the privatization of New York State Correctional Facilities and also for support for its position that inmates involved in altercations involving correctional employees be tested for certain diseases, including HIV, Hepatitis and Tuberculosis, and

WHEREAS, the Public Safety/Criminal Justice Committee has approved supporting Council 82 regarding these matters.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports Council 82 in its opposition to the privatization of New York Sate Correctional Facilities as the preservation and integrity of our penal system is too serious an undertaking to be contracted out to private firms that may not have the experience or staff to handle such an enormous responsibility and the safety of our citizens is government=s responsibility and priority; in addition, private firms may fail, commercially, or become corrupt, thus exposing our citizens to escaped prisoners, increased financial burdens and other uncertainties, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature supports the mandatory testing for certain diseases, including, but not limited to HIV, Hepatitis and Tuberculosis, of any inmate involved in an alteration with a correctional employee, and that the results of such tests be forwarded to the involved correctional employee and to the county health department.

VOTE: Passed 7-0.

RESOLUTION NO. 91 Motion by Karius, Second by Little.

RE: APPOINTMENTS - SCHUYLER COUNTY PLANNING COMMISSION

BE IT RESOLVED, the Schuyler County Legislature hereby approves the following appointments effective immediately and terminating December 31, 1998 to the Schuyler County Planning Commission:

James Button - Town of Orange
Doug Thayer - Business
Louis Dickinson - Town of Cayuta

VOTE: Passed 7-0.

RESOLUTION NO. 92 Motion by Larison, Second by Karius.

RE: CHANGE POSITION OF CUSTODIAN TO SENIOR CLEANER IN THE BUILDINGS AND GROUNDS DEPARTMENT

WHEREAS, the Buildings and Grounds Department uses the title ACustodian@ for supervision of the night cleaners, and

WHEREAS, the title ACustodian@ covers job duties not performed nor needed by this department, and

WHEREAS, this limits the amount of applicants applying for the position due to the job description, and

WHEREAS, Civil Service has a job description of ASenior Cleaner@ that is much more appropriate for the position.

NOW, THEREFORE BE IT RESOLVED, that the Buildings and Grounds Department no longer use the job title ACustodian@, and

BE IT FURTHER RESOLVED, that the title ASenior Cleaner@ replace the ACustodian@ position at the same pay grade.

VOTE: Passed 7-0.

RESOLUTION NO. 93 Motion by Larison, Second by Karius.

RE: AUTHORIZE CONTRACT WITH SCHUYLER COUNTY COURTS FOR PHONE SERVICE AGREEMENT

BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an ongoing contract with the Schuyler County Courts for telephone service at the County Office Building, the cost to include a monthly line charge of $12.50 and a monthly phone charge plus 15% administrative cost per line; subject to the approval of the Schuyler County Attorney. It is understood that the monthly line charge cost could change based on the number of lines, etc.

VOTE: Passed 7-0.

RESOLUTION NO. 94 Motion by Larison, Second by Karius.

RE: AUTHORIZE CLEANING/MAINTENANCE CONTRACT WITH SCHUYLER COUNTY COURT FACILITIES - BUILDINGS AND GROUNDS - As Amended

WHEREAS, the State of New York Unified Court System, Office of Court Administration has implemented Chp. 686, The Cleaning Takeover Bill, and

WHEREAS, this Bill requires Governmental bodies housing Court facilities to enter into a cleaning/maintenance contract for the State Fiscal Years (April 1, 1998 through March 31,2003).

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign said contract upon approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 95 Motion by Larison, Second by Gifford.

RE: AUTHORIZE CONTRACT WITH VESID FOR PHONE SERVICE AGREEMENT

BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an ongoing contract with VESID for telephone service at the Mill Creek Center, with a cost to include a monthly line charge of $12.50 and a monthly phone charge plus 15% administrative cost per line; subject to the approval of the Schuyler County Attorney. It is understood that the monthly line charge cost could change based on the number of lines, etc.

VOTE: Passed 7-0.

RESOLUTION NO. 96 Motion by Larison, Second by Gifford.

RE: AUTHORIZE LEASE AGREEMENT WITH THE SCHUYLER COUNTY YOUTH BUREAU

WHEREAS, the Schuyler County Legislative Committee has found it appropriate to exchange office space between the District Attorney and the Youth Bureau.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a lease agreement with the Youth Bureau for 293 square feet of office space in the county office building at a cost of $9.00 per square foot for the term March 22, 1998 through December 31, 1998 (actual cost reduction of $243); subject to the approval of the Schuyler County Attorney. It is understood this will be an ongoing, annual, standard agreement after year 1998.

DISCUSSION: Legislator Young feels at the Legislative Committee meeting she made a large mistake by saying she did not have an alternative for space needs. She should have voted no or abstained. She then did her homework for alternatives and they were unacceptable. She feels that they need to get back to the real issues, and start this process now with a no vote on this resolution. Legislator Bleiler stated for the record that his understanding has not changed, he feels there is a better solution, and he will also vote no tonight. Legislator Karius feels there should be no putting Department Head against Department Head. They need to think of the District Attorney=s clients and their right to privacy. Legislator Larison stated that there was a motion approved to do the move by the full Legislative Committee, this resolution is only for the lease. He feels they need to put this behind them and collect the rent.

VOTE: Passed 5-2. Noes: Bleiler, Young.

RESOLUTION NO. 97 Motion by Larison, Second by Gifford.

RE: AUTHORIZE TWO-YEAR TERM AGREEMENTS WITH HUNT ENGINEERS AND LABELLA ASSOCIATES - HIGHWAY

BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute two-year term agreements with Hunt Engineers and LaBella Associates for various engineering services for the County Highway Department for the term January 1, 1998 through December 31, 1999; said agreements subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 98 Motion by Karius, Second by Little.

RE: AGREEMENT WITH PATTI RONSVALLE COUNSELING & CONSULTING SERVICES, INC. - MENTAL HEALTH

WHEREAS, the Schuyler County Community Services Board established an agreement with Patti Ronsvalle Counseling & Consulting Services, Inc. for consultation, prevention, education, outreach and related services effective September 9, 1996 through December 31, 1997, and

WHEREAS, it is desirable to continue this contract on an annualized basis, funding to do so having been included in the budget.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Chairman of the Legislature and the Director of Community Services to execute an Agreement with Patti Ronsvalle Counseling & Consulting Services, Inc. for consultation, prevention, education, outreach and related services effective January 1, 1998 through December 31, 1998, in an amount not to exceed $25,000, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 99 Motion by Karius, Second by Little.

RE: AUTHORIZE OUT OF STATE TRAVEL - PUBLIC HEALTH

WHEREAS, as a part of New York State Association of County Health Officials (NYSACHO)=s 1998 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, our IAP Coordinator is requested to attend the conference in Atlanta, Georgia, and

WHEREAS, out of state travel requires legislative approval.

NOW, THEREFORE, BE IT RESOLVED, that the Public Health IAP Coordinator be allowed to travel out of state to attend the aforementioned conference.

VOTE: Passed 7-0.

RESOLUTION NO. 100 Motion by Karius, Second by Little.

RE: AUTHORIZE APPLICATION FOR HIV PREVENTION GRANT MONEY OF $15,000

WHEREAS, New York State Department of Health has announced the availability of a Communities Working Together: Meeting the HIV Prevention Needs of Young People Grant in the amount of $15,000, for community education & awareness to children & adolescents in the County.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health be hereby authorized to apply for the Communities Working Together Grant in the amount of $15,000 on behalf of Schuyler County. The grant will be effective immediately with an expiration date of December 31, 1998, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature and the Director of Public Health be hereby authorized to hire a contractual coordinator/consultant to work on the implementation of this grant and associated activities in an amount not to exceed $20.00 per hour - total contract not to exceed $7,500; contract subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to amend the 1998 Schuyler County Budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION
+ $ 7,500 4010.400-4017 Contractual Expenses
+ $ 7,500 4010.435-4017 Professional Fees
$15,000 TOTAL
+ $15,000 4010-3401-4017 Grant Revenue

VOTE: Passed 7-0.

RESOLUTION NO. 101 Motion by Little, Second by Karius.

RE: AUTHORIZE TRANSFER OF FUNDS - OFFICE FOR THE AGING

WHEREAS, the Office for the Aging has monies remaining from its Community Services for the Elderly Program, and

WHEREAS, there is a need for computer equipment and upgrades, as well as other equipment purchase which this money can be used for, and

WHEREAS, the state has approved the use of the monies in the above manner.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $9,373.00 from account no. 6772.490-subcontracts to account no. 6772.200-equipment, and

BE IT FURTHER RESOLVED, that the Office for the Aging be authorized to purchase equipment in an amount not to exceed $9,373.00.

VOTE: Passed 7-0.

RESOLUTION NO. 102 Motion by Little, Second by Karius.

RE: AUTHORIZE CONTRACT WITH SHERIFF=S DEPARTMENT FOR FRAUD AND SECURITY - SOCIAL SERVICES

WHEREAS, the above-referenced agreement for 1998 contains an increase which was not budgeted in the Social Services 1998 budget, however there are funds that can be transferred within the budget to cover the increase.

NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Legislature be hereby authorized to enter into a renewal agreement with the Schuyler County Sheriff=s Department for fraud and security transportation for the term 1/1/98-12/31/98 at a cost of $117,356.42, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 103 Motion by Little, Second by Karius.

RE: AUTHORIZE ADDITION OF FUNDS TO JOBS ACCOUNTS - SOCIAL SERVICES

WHEREAS, the Department of Social Services has been awarded a Work Now grant in the amount of $20,000, and

WHEREAS, the Department must first expend the funds before reimbursement against the grant can be claimed.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following Jobs accounts adjustments:

APPROPRIATIONS
Account no. 6015.100 + $10,323
Account no. 6015.204 + $ 8,000
Account no. 6015.400 + $ 1,677
TOTAL $20,000
REVENUES
Account no. 6015-3615 + $20,000

VOTE: Passed 7-0.

RESOLUTION NO. 104 Motion by Little, Second by Gifford.

RE: AUTHORIZATION TO FLEX WORK HOURS FOR THE COMMUNITY SERVICE AIDE AS NEEDED

WHEREAS, Resolution No. 462-97 authorized the hiring of a Community Services Aide for 20 hours per week, and

WHEREAS, the Department would like to maximize the flexibility of this position, and

WHEREAS, the ability to have the employee in this position work 30 hours one week and 10 hours the next (as needed) would greatly enhance the value of this position and benefit the Department.

NOW, THEREFORE, BE IT RESOLVED, that the Community Services Aide position in the Department of Social Services will be scheduled to work 40 hours during each two week pay period.

VOTE: Passed 7-0.

RESOLUTION NO. 105 Motion by Little, Second Gifford.

RE: MODIFICATION OF RULE 22 OF COUNTY LEGISLATURE=S RULES OF PROCEDURE

WHEREAS, notice of modification of Rule 22 of the Rules of Procedure was given in accordance with Rule 29.

NOW, THEREFORE, BE IT RESOLVED, that Rule 22 be modified by the DELETION OF A PORTION OF paragraph 11, to wit:

"Any appropriated equipment expenditure in excess of $500.00 shall be approved by the department's committee except when the Department Head deems an emergency to exist. In the case of an emergency the Department Head shall submit written documentation of the emergency with the County Auditor and respective committee chairperson.@

VOTE: Passed 7-0.

RESOLUTION NO. 106 Motion by Little, Second by Larison.

RE: RESOLUTION SUPPORTING AN AMENDMENT TO THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO COUNTY RESPONSIBILITY FOR FOREST FIRE EXPENSES

WHEREAS, current law requires the New York State Department of Environmental Conservation to suppress timber fires within most towns in the Adirondack Park and Catskill Park, and

WHEREAS, the county of the town where the fire occurred is then billed for 2 the cost by the state, and

WHEREAS, Adirondack and Catskill region counties do not have the authority to mitigate the costs associated with these natural disasters, and

WHEREAS, it is inherently unfair to saddle them with what is in effect an unfunded mandate to pay 2 of state expenses associated with forest fire suppression efforts.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports legislation which would provide that the State pay the full cost of suppressing forest fires, and

BE IT FURTHER RESOLVED, that the Clerk of this Legislature is hereby directed to forward copies of this resolution to Gov. George E. Pataki, the New York State Association of Counties, the Majority and Minority Leaders of the New York State Legislature and all other deemed necessary and proper.

VOTE: Passed 7-0.

RESOLUTION NO. 107 Motion by Little, Second by Larison.

RE: RESOLUTION SUPPORTING ISTEA RE-AUTHORIZATION

WHEREAS, the Intermodal Surface Transportation Efficiency Act (ISTEA) enacted in 1991 expired in September, 1997,and

WHEREAS, New York, along with 18 other states, have formed an ISTEA WORKS! Coalition to preserve ISTEA in its existing form with only minor modifications, and

WHEREAS, the New York State County Highway Superintendents= Association, an affiliate of the New York State Association of Counties, in on record supporting the re-authorization of ISTEA, and

WHEREAS, numerous county executives and county legislatures have also expressed an interest in ISTEA re-authorization, and

WHEREAS, ISTEA is an extremely important economic development tool for New York State and its local governments.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby expresses its strong support to Governor Pataki in his efforts to preserve New York State=s fair share of ISTEA, and

BE IT FURTHER RESOLVED, that the Legislature further supports the 10% enhancement program in ISTEA, and

BE IT FURTHER RESOLVED, that the Legislature urges our New York Congressional Delegation to remain committed to ISTEA re-authorization, and

BE IT FURTHER RESOLVED, that the Clerk of this Legislature is hereby directed to forward copies of this resolution to Gov. George E. Pataki, the Majority and Minority Leaders of the New York State Legislature, the New York State Association of Counties, Hon. Amory Houghton, Jr., Hon. Alfonse M. D=Amato, Hon. Daniel P. Moynihan and all other deemed necessary and proper.

VOTE: Passed 7-0.

RESOLUTION NO. 108 Motion by Little, Second by Larison.

RE: RESOLUTION URGING INCREASE IN HIGHWAY AND BRIDGE FUNDING

WHEREAS, in 1981 counties relinquished a portion of their respective motor vehicle fees and gasoline taxes in return for the CHIPS program, and

WHEREAS, statewide revenues from such motor vehicles fees and taxes have significantly increased, and

WHEREAS, the CHIPS program has been dismantled over the years and recently the CHIPs maintenance funding was targeted for elimination in Gov. Pataki=s 1997 Executive Budget, and

WHEREAS, counties are currently responsible for approximately 50% of the bridges (9,000) in New York State, with over 50% deficiencies, and

WHEREAS, counties and other local governments are responsible for 95,000 miles of the state=s 115,000 highway miles, with nearly 57,000 miles (60%) rated in poor to fair condition, and

WHEREAS, approximately 45% of the vehicle miles traveled in New York State occur on off-state system roads.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby urges Gov. Pataki and legislative leaders to significantly increase the level of funding to address the deficiencies on the local government infrastructure, and

BE IT FURTHER RESOLVED, that the Clerk of this Legislature is hereby directed to forward copies of this resolution to Gov. George E. Pataki, the New York State Association of Counties, the Majority and Minority Leaders of the New York State Legislature and all other officials deemed necessary and proper.

VOTE: Passed 7-0.

RESOLUTION NO. 109 Motion by Larison, Second by Little.

RE: AUTHORIZE TRANSFER OF FUNDS - COUNTY ATTORNEY

WHEREAS, the County Attorney's Office was allocated funds in the 1998 budget for the purchase of new office furniture and a new computer system, and

WHEREAS, in placing this large order the printer setup was omitted by mistake and at present an appropriate amount does not remain in the 1420.0207 account, but is in fact available in the 1420.0438 account.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the amount of $400 from account no. 1420.0438 to account no.1420.0207.

VOTE: Passed 7-0.

RESOLUTION NO. 110 Motion by Larison, Second by Little.

RE: RESOLUTION REQUESTING THE ASSEMBLY/SENATE TO FULLY FUND, IN THE 1998 BUDGET, THE COUNTY LAW 224 AMENDMENT SIGNED INTO LAW IN 1997 AS ASSEMBLY BILL 5816-A

WHEREAS, the Governor of New York, cooperating with the Senate and Assembly of New York, supported and signed into law revisions to the County Law 224 matching formula providing equitable State financial support to Cornell Cooperative Extension Associations in each county based on the county's appropriation, and

WHEREAS, The Cornell Cooperative Extension Association of Schuyler County is further recognized as the primary source that enables people to improve their lives and communities through teaming partnerships that put research and experimental knowledge to work, and

WHEREAS, the Schuyler County Legislature has, since 1917, recognized the benefits of its partnership with Cornell Cooperative Extension and has continued to support and fund the Schuyler County Cooperative Extension programs in Agriculture, 4-H and Youth Development; Family Issues including nutrition, parenting and consumer skills; Planning and Community Development; and the Retired Senior Volunteer Program.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, in an effort to bring about equity and fairness to the County Law 224 formula, already supported and passed into law by the Assembly, Senate and Governor, call upon the Assembly and Senate to place adequate funding into the 1998 New York State Budget (currently estimated at a $1.1 million increase over 1997 amounts) to support the 57 Cornell Cooperative Extension Offices for full implementation of the revised County Law 224 formula, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislative Clerk be hereby directed to transmit a certified copy of this resolution to Governor Pataki, Senator Kuhl, Assemblyman Bacalles, and Cornell Cooperative Extension of Schuyler County Executive Director Fausold.

VOTE: Passed 7-0.

RESOLUTION NO. 111 Motion by Larison, Second by Little.

RE: CORRECTION 1998 TAX ROLL - TOWN OF DIX - VILLAGE OF WATKINS GLEN - NYS LOCAL GOVERNMENT SERVICES C/O COMMUNITY SERVICES BOARD (MILL CREEK CENTER)

WHEREAS, Assessor Randy Deal has indicated that parcel 65.18-1-23, owned by New York State Government services at 106 Perry Street in the Village of Watkins Glen should have been included in the wholly exempt section of the 1997 Town of Dix Assessment Roll, and

WHEREAS, application has been made in accordance with Section 554 of the Real Property Tax Law, and

WHEREAS, the Director of Real Property Tax Services recommends approval of this application for reasons noted above.

NOW, THEREFORE, BE IT RESOLVED, that the 1998 Town and County Tax roll be reduced by $1,277.20 to reflect New York State Local Government Services exempt status and the Town of Dix be charged back $123.21, the Watkins Glen Central School District charged back $668.60 and the County tax and penalty on school tax be adjusted for $438.59 and $46.80 respectively, and

BE IT FURTHER RESOLVED, that copies of this resolution be sent to the Town of Dix Tax Collector and the Watkins Glen Central School District.

VOTE: Passed 7-0.

RESOLUTION NO. 112 Motion by Little, Second by Larison.

RE: CORRECTION 1998 TAX ROLL - TOWN OF CAYUTA - SQUIRES

WHEREAS, there appeared on the Town of Cayuta assessment roll a duplicate entry for property assessed in the name of Christopher Squires located on Squires road. The correct tax map number if 116.-1-28.4 and the duplicate tax map number is 116.-1-28.112, and

WHEREAS, both tax map numbers were billed on the 1997-98 Spencer-VanEtten School Tax Roll and the 1998 Town of Cayuta Tax Roll. Mr. Squires paid the Spencer-VanEtten Central School Tax Bill on the bill which should have been removed from the assessment roll, tax map number 116.-1-28.112 and was allowed to pay the Town and County Tax only on the correct tax map number 116.-1-28.4 (Bill #277).

NOW, THEREFORE, BE IT RESOLVED, that the 1998 Town of Cayuta Tax Roll be reduced by a total of $89.26 and that Bill #277 have the returned school removed making a corrected total of that bill $54.02. The County Treasurer will bill back the Spencer-VanEtten Central School District for $32.93 and the Town of Cayuta for $28.78 and reverse the penalty of $2.31 and charge the County portion of $25.24 to the uncollectible. Bill #280 on the Town of Cayuta Roll should be canceled, and

BE IT FURTHER RESOLVED, that copies of this resolution be sent to the Town of Cayuta Tax Collector and the Spencer-VanEtten Central School.

VOTE: Passed 7-0.

RESOLUTION NO. 113 Motion by Little, Second by Larison.

RE: AUTHORIZE SALARY ADJUSTMENT FOR PURCHASING AGENT

WHEREAS, the Management and Finance Committee has recommended a salary adjustment for the Purchasing Agent with the understanding that a complete review of all positions in the Management/Confidential Salary Plan be forthcoming.

NOW, THEREFORE, BE IT RESOLVED, that the annual salary of the Purchasing Agent, Larry Sassano, shall be adjusted to $28,410 effective immediately, and

BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to transfer from the 1998 budgeted funds for salary increases into the appropriate departmental personal service account to cover this increase.

VOTE: Passed 7-0.

RESOLUTION NO. 114 Motion by Karius, Second by Little.

RE: MOTION TO BRING FOUR (4) EMERGENCY RESOLUTIONS TO THE FLOOR

BE IT RESOLVED, that four (4) emergency resolutions be brought to the floor.

VOTE: Passed 7-0.

RESOLUTION NO. 115 Motion by Larison, Second by Bleiler.

RE: LOCAL LAW NO. 1 OF THE YEAR 1998 MODIFYING THE RESIDENCY REQUIREMENT FOR THE OFFICE OF COMMISSIONER, DEPARTMENT OF SOCIAL SERVICES

WHEREAS, a proposed Local Law regarding modifying the residency requirement for the Office of Commissioner, Department of Social Services was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held March 9, 1998, 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. 1 of the year 1998, 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. 1 of the year 1998, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 1998

SECTION 1. LEGISLATIVE INTENT

It is the intent of the within Local Law to modify the qualifications to hold the Office of Commissioner, Department of Social Services, by dispensing with the requirement that they reside in the County of Schuyler.

SECTION 2. QUALIFICATIONS OF OFFICE

In the County of Schuyler, no provision of law, New York State or otherwise, requiring a person to be a resident of the political subdivision or municipal corporation of the State for which he/she shall be chosen or within which his/her official functions are required to be exercised, shall not prevent a person from holding the office of Commissioner, Department of Social Services of the County of Schuyler provided that person resides in the County of Schuyler or a contiguous county.

SECTION 3. EFFECTIVE DATE

This Local Law shall become effective immediately upon passage.

VOTE: Passed 7-0.

RESOLUTION NO. 116 Motion by Larison, Second by Little.

RE: APPOINTMENT OF COMMISSIONER OF SCHUYLER COUNTY DEPARTMENT OF SOCIAL SERVICES

BE IT RESOLVED, that this Legislature hereby appoint William J. Weiss as Schuyler County Commissioner of Social Services for the term commencing March 16, 1998 and ending March 15, 2003, to include a six-month probation period at an annual salary of $35,000.

VOTE: Passed 7-0.

RESOLUTION NO. 117 Motion by Little, Second by Larison.

RE: SUPPORTING LEGISLATION WHICH MODIFIED AID TO PROSECUTION IN AN EQUITABLE, FAIR AND JUST MANNER

WHEREAS, the State of New York presently aids thirty-one of sixty-two counties of the State of New York by grants of funds for aid to prosecution, and

WHEREAS, the taxpayers of each county throughout the State pay taxes to the State government, and

WHEREAS, the present distribution of aid to prosecution funds in inequitable and unfair to the thirty-one counties not receiving funds, and

WHEREAS, District Attorney=s Offices throughout the State face similar difficulties and financial needs.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports enactment of legislation to equitably divide aid to prosecution funds so that all counties are treated equally and fairly, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislative Clerk shall forward copies of this resolution to Governor George E. Pataki; Senators Ronald B. Stafford, Dale E. Volker, Jess Present and John R. Kuhl, Jr.; Assemblymen Thomas Reynolds, Gerald E. Johnson, Craig Doran and James Bacalles; and all other deemed necessary and proper.

VOTE: Passed 7-0.

RESOLUTION NO. 118 Motion by Little, Second by Larison.

RE: AUTHORIZE TRANSFER OF FUNDS FOR REGIONAL LEADERSHIP CONFERENCE

WHEREAS, Southern Tier Central Regional Planning and Development Board (STCRP&D Board) is holding its second annual Regional Leadership Conference, and

WHEREAS, they are again requesting financial assistance from counties to help cover some of the direct costs of the conference and enable them to offer a very reasonable registration fee, and

WHEREAS, Schuyler County did not contribute last year, and it is desirable to make a modest contribution this year.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $200 from Contingency account no. 1990.5 to Legislative account no. 1010.435 to cover the cost of Schuyler County=s contribution to the Regional Leadership Conference.

VOTE: Passed 7-0.

RESOLUTION NO. 119 Motion by Little, Second by Larison.

RE: AUTHORIZE GRANT EXTENSION - SENECA HARBOR PARK, NYS CONTRACT #C549520

WHEREAS, the County has received a grant from the NYS Office of Parks, Recreation and Historic Preservation for Seneca Harbor Park, and

WHEREAS, the grant period has been extended from December 31, 1997 to December 31, 1998.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute Appendix D-Program Workplan and Appendix X-Modification Agreement Form as part of the agreement with NYS Office of Parks, Recreation and Historic Preservation for Contract #C549520 to allow the grant to be extended until December 31, 1998, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 120 Motion by Little, Second by Larison.

RE: APPOINTMENT - LOAN COMMITTEE FOR THE CANAL CORRIDOR INITIATIVE GRANT

WHEREAS, the appointment of John Czamanske as a voting member on the Loan Committee for the Canal Corridor Initiative Grant is not appropriate given his position as the staff Program Administrator for the Canal Corridor Initiative.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the replacement of John Czamanske with Delmar F. Bleiler as a voting member of the Loan Committee for the Canal Corridor Initiative Grant effective immediately, it being understood that John Czamanske will act in an ex-officio, non-voting capacity on said Committee.

VOTE: Passed 7-0.

REPORT ON STANDING COMMITTEES:

Legislator Little reported on the Public Works Committee. Last week the committee met with Buildings & Grounds and the Highway Departments to address five-year planning issues. They have a lot of planning to do. The Shared Fuel Facility project is still moving along.

Legislator Young reported on the Human Services Committee. She welcomed Bill Weiss as the new Commissioner of Social Services. He has been doing a great job serving as Acting Commissioner since November. They have been learning the ropes together. She is grateful that he will take over where Anne Balch left off. She also thanked Bill Weiss, Duane Spilde, Lola Mitchell, Marcia Kasprzyk, Phil Barnes, Ron Alexander and Sandra Rhodes for writing a grant proposal.

Legislator Gifford reported on the Community Development & Natural Resources Committee. The committee received an update from John Czamanske on some grants. The Agricultural District #2 Public Hearing was well attended on February 19, 1998. The Sullivan Trial RC & D Council is looking to put together a grant to promote the use of a facility as a tourist attraction.

Legislator Bleiler reported on the Management & Finance Committee. Resolution No. 105 that was just passed is a sign of things to come. The first thing he wants to see the Legislature do is to give Department Heads the right to do their job. The Legislature needs to look to them for professional advise and expertise. There was a meeting of the Department Heads and legislators to discuss how they might do business better to serve the county. They really need to prioritize issues. They will be developing workshops to facilitate action. The feedback from employees seems to be positive.

Legislator Larison reported on the Governmental Operations Committee. The Elections Office has some very knowledgeable people such as Denny Teeter and Joe Leahey. That office will have digitization soon thanks to them. The Soil & Water Conservation District has combined efforts to get a used excavator for county projects. Staggered terms for legislators is being discussed in committee. Legislator Young asked the County Attorney if the staggered term proposal always had to go before a public referendum. Attorney Coleman explained that any time you change the term of an office it has to be done that way.

UNFINISHED BUSINESS: None.

NEW BUSINESS: None.

PUBLIC PARTICIPATION:

Casey Creamer asked why the new Commissioner of Social Services has to be on probation for six months. Chairman Hastings explained that is policy. Casey Creamer asked about the income tax -vs- property tax report/issue and wanted to know if anyone was working on it. Attorney Coleman stated that the new STAR program is doing that job and it is more controllable. STAR will subsidize school taxes and the enhanced STAR may go further than school taxes. Chairman Hastings said they hope to get some more input on that report.

Tom Ryan advised that the public voted down the staggered terms in the past. He asked if the legislators were all looking for four year terms. Chairman Hastings said there are three districts to consider and she feels they really need at least three year terms. Two years in not enough time to get much accomplished.

The Meeting adjourned at 8:13 p.m.

Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk

PUBLIC HEARING
MARCH 30, 1998

The March 30, 1998 Public Hearing of the Schuyler County Legislature on the preparation and submission of two applications under the Fiscal Years (FY) 1997 & 1998 Housing and Urban Development (HUD) Small Cities Community Development Block Grant (CDBG) program was called to order at 7:00 p.m. by Chairman Hastings. All Legislators were present, except Legislator Gifford who was excused and Legislator Bleiler who was absent. County Attorney Coleman was also excused.

John Czamanske explained that the county would be putting in two block grant applications: FY 97 to support the county=s economic development revolving loan fund and FY 98 to support owner-occupied housing rehabilitation program in the Town of Tyrone, Catharine and Hector. An abbreviated consolidated plan was prepared which supports these two block grant applications.

John also gave a brief overview of the FY 97 application for the revolving loan fund. He explained that Schuyler County's only local economic development loan fund is in need of recapitalization. The county proposes to recapitalize the fund with CDBG funds as described in this application. The existing loan fund is a program of the Schuyler County Partnership for Economic Development (SCOPED), which replaced the private Five Lakes Development Corporation as of January 1998. SCOPED is a public/private nonprofit corporation dedicated to improving the economic condition of Schuyler County and its residents.

The revolving loan fund was initiated in 1994 with a $50,000 grant from Rural Development (formerly FHA). Rural Development recapitalized the loan fund in 1997 with an additional grant of $75,000. This is a very beneficial local program which has assisted in financing eight projects since its inception for which the recipients have committed to creating or retaining twenty jobs. Eight loans have been made to a vineyard, a bakery, a retail service company, a coffee shop, a farm market, a marine supply store, and a rental service.

This CDBG-supported program will continue the partnership with the REDEC Relending Corporation (RRC) which originates and services the loans based on criteria approved by SCOPED. The program also has a partnership with four local banks which participate in lending to approved applicants, provide local private financial leverage for loans from the fund. In addition, this program will strengthen the partnership with the Small Business Development Center for the provision of training and assistance, especially to those of low and moderate income, to improve the capacity for success by those seeking investment capital.

There are presently four pending applications for the SCOPED revolving loan fund, but only about $54,000 available to lend ($37,000 in Rural Development grant funds plus $17, 000 in repaid principal and interest to be reloaned). It appears that some deserving projects/businesses may have to be turned down for lack of funds. In addition, SCOPED staff has indicated that they receive requests for information about the loan fund continually. The Planning and Community Development office at Cornell Cooperative Extension of Schuyler County has also received a number of inquiries related to economic development assistance due to press coverage of Canal Corridor Initiative activities.

Some of the current proposed business projects locally include improvements and/or expansions of a local winery, a Watkins Glen cafe/wine shop, a local camping/boating outfitter, and a motel. Other projects which have been discussed or proposed include ecotourism activities (specialized tours and bus guides for the area's many special natural areas), expansion and diversification of agricultural businesses, canal-related businesses, reuse of the historic Montour House hotel, a waterfront hotel/conference center, a food store, expansions and/or refurbishments at other local motels, and a gravity-operated people mover.

With the new energy being applied locally to economic development through the Schuyler County Partnership for Economic Development and the Canal Corridor Initiative, the potential projects listed above, and the continued strength of the national economy, there is a growing expectation that local economic activity will also increase in the future. At the same time, because the local economy recently has not fared as well as other areas of the state or the country, there is a need for subsidized investment capital from granting agencies such as HUD. The availability of low-interest public investment capital lowers the financial risk to local banks which are then more likely to participate in lending. In the case of this fund, a group of four local banks already participates with the revolving loan fund in financing local projects. Leveraging of public money with private investment in the local economy fosters economic activity and the creation of jobs which might otherwise not occur.

To achieve maximum impact and spread the financial risk, this proposal seeks to leverage HUD CDBG funds with: other federal funds (Rural Development), funds from the sponsor (SCOPED), and matching investments from participating local banks. In future years, the fund will also receive program income from local Canal Corridor Initiative (CCI) activities as budgeted in the county's approved application to HUD in 1997.

Allynn Smith and Rosemary Makey from Sheen Housing were in attendance to discuss the FY 98 application for a housing rehabilitation program. Allynn explained that Sheen Housing serves thirteen counties. She explained that there is State funding out there for a number of things, some of which will be used to match HUD funds. In addition, Sheen Housing will provide more matching funds from their foundation. There is a State and Federal program called HOME. They have applied for money for the Town of Tyrone from HOME. They work case by case and do projects for municipalities also. Bonnie Lokken from Office for the Aging stated that there is a need for senior housing. Currently there is a two year waiting list and there is no help for repairing duplex homes owned by seniors. She is in full support of these grants.

Allynn also explained that when these applications are ranked, they are put against every application and sometimes even the good ones do not get funded.

John publicly thanked Allynn and Rosemary for all their work preparing the housing application.

The Public Hearing adjourned at 7:35 p.m.

Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk

SPECIAL MEETING
MARCH 30, 1998

The March 30, 1998 Special Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Hastings. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except Legislators Gifford who was excused and Legislator Bleiler who was absent. County Attorney Coleman was also excused.

PUBLIC PARTICIPATION: None.

RESOLUTION NO. 121 Motion by Karius, Second by Thurston.

RE: RATIFICATION OF SPECIAL MEETING CALL

BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following item of business:

1. Proposed Resolution Authorizing Submission of Schuyler County=s Applications for FY97 and FY98 HUD Small Cities Community Development Block Grants to Support an Economic Development Revolving Loan Fund and a Housing Rehabilitation Program, Including Submission of an Abbreviated Consolidated Plan for Schuyler County

VOTE: Passed 6-0.

RESOLUTION NO. 122 Motion by Larison, Second by Karius.

RE: PROPOSED RESOLUTION AUTHORIZING SUBMISSION OF SCHUYLER COUNTY=S APPLICATIONS FOR FY97 AND FY98 HUD SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANTS TO SUPPORT AN ECONOMIC DEVELOPMENT REVOLVING LOAN FUND AND A HOUSING REHABILITATION PROGRAM, INCLUDING SUBMISSION OF AN ABBREVIATED CONSOLIDATED PLAN FOR SCHUYLER COUNTY

WHEREAS, Schuyler County is considering submission of applications under the FY97 & FY98 HUD Small Cities Community Development Block Grant (CDBG) program to support a local Economic Development Revolving Loan Fund (FY97) and a Housing Rehabilitation Program (FY98), and

WHEREAS, the Economic Development Revolving Loan Fund is an existing program of the Schuyler County Partnership for Economic Development (SCOPED) which is in need of recapitalization. Local businesses assisted

through this fund will benefit persons of low and moderate income as well as the community generally through the creation or retention of local businesses and jobs, and

WHEREAS, the Housing Rehabilitation Program will be a scattered-site owner-occupied housing rehabilitation program targeted to persons of low and moderate income in the Towns of Tyrone, Catharine, and Hector, to be administered by the Bishop Sheen Ecumenical Housing Foundation, and

WHEREAS, an Abbreviated Consolidated Plan for Schuyler County, describing community development needs, resources, and activities, has been prepared which supports these two block grant applications, and

WHEREAS, two public hearings have been held to gather citizen input on the Abbreviated Consolidated Plan and the two CDBG applications as required.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to submit the Abbreviated Consolidated Plan and the two CDBG applications as described above to HUD for consideration of funding.

VOTE: Passed 6-0.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 7:38 p.m.

Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk

REGULAR MEETING
APRIL 13, 1998

The April 13, 1998 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Hastings. 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:

Tom Ryan asked about Resolution No. 161 regarding staggered terms for the legislators. He wanted to know why they selected four years instead of three year staggered terms. Legislator Little explained that they could not do two year terms because of the three districts. They can do three year terms, however, when implementing it the first year, someone would be running for election one year after another. Legislator Thurston said there are two issues, staggered -vs- four year or three year. Two years is a tough term for a legislator. You are just getting your feet wet and getting a program running. Most master planning is done in four years. Staggered terms speak for themselves. Tom said the legislators are taking away the right of the public to vote in legislators every two years. In three years, if a legislator cannot get with the program he should not be there anymore. He feels they should keep it at two years or go to three years. Bob Burnside spoke in support of the four year staggered terms. He noted that the State Office is full time with a large staff. Schuyler County legislators are only part time. When he first ran for the Legislature he was still learning. You cannot possibly get it all in the first two years.

PRESENTATION BY STONER HOREY, CHAIR OF STEUBEN COUNTY LEGISLATURE AT 7:05 P.M.:

APat asked me here tonight as the result of a conversation we had at the dinner for the combined Southern Tier Planning districts. John Flory, Chemung County Chairman, Pat and myself discussed our respective Legislative bodies. John commented on the brevity of his meetings, often 30 minutes or less, and he seemed quite proud of the fact. I made the comment that Schuyler and Steuben County Legislatures are not only legislative in function, but also executive bodies as well. The absence of a county executive expands authority of our legislatures. Conversely, the creation of a county executive position removes executive activity from the legislature. As such, Schuyler and Steuben Legislatures have additional authority we are simultaneously legislative and executive bodies. Our responsibilities are wider ranging. This makes your legislature and mine very different animals from a charter county like Chemung.

We both make laws and deliver many services as defined in State law. This gives county legislature, operating under old county law, a broad spectrum of responsibility. How these dual responsibilities are carried out varies from county to county. Regardless of how this is done, considerable amounts of time and energy are required to keep pace with the increasing complexity of governmental administration. Striking the best balance between the demands of the daily business of running a county government (executive function) , and allowing time to discuss future policy initiatives (legislative function) is always challenging. If your time as Schuyler County Legislators is monopolized by the daily routine of governmental operations, there will be no time left to discuss, plan, and evaluate other aspects of County government.

The Steuben County Legislature and many others operating under county law, as you do, retain complete legislative control but hire an administrator to assist in the day to day operating activities. This frees the Legislature from many of the daily, but necessary, tasks necessary to keep an operation as complex as county going. Your Legislative Chairman essentially fulfills the role of administrator. I know that Angie Franzese, Barb Halpin, and now Pat Hastings spent dozens of hours every week in this building. Being Chairman here is a full time job. I could not serve as your chairman because of the time factor, and I doubt that anyone who has a full time job could chair this body.

In Steuben County, programs that are more political in nature and involve interaction of organizations outside of county government tend to have more Legislative involvement than those which are purely internal matters. Revamping our data processing department will be undertaken almost exclusively under the direction of our Administrator, whereas creation of our 911 system will have considerable input from individual Legislators.

There are several other tasks we have given our Administrator. Along with our Personnel Director, he serves as negotiator with our unions. The Legislature sets the parameters, but does not involve itself in contract negotiations. He also services as a resource person at all committee meetings and as a bridge between departments.

A county administrator significantly changes the relationship between legislators and county employees and between department heads and legislators. Legislators must be prepared to step back somewhat to give the administrator room to operate. Legislative micro management can paralyze an administrator; on the other hand there is a potential for the Legislature to become too far removed from its employees and county activity in general. This requires ongoing communication but remains a delicate balancing at times. The administrator=s and legislatures=s realms of authority must be as clearly defined as possible, but no set of procedures can cover all circumstances.

To create some order out of the chaos, the Legislature is surveyed in December to determine priorities for the coming year. This serves several purposes. The survey brings together the collective thinking of the Legislators in a single document. Priorities for the next 12 months are specified. This puts the Legislature squarely on record making it accountable to the public at the end of the year. Did the Legislature accomplish what it said it would do, or didn=t it? Furthermore, it shields management from the distractions of projects that may have only limited support among Legislators.@

Casey Creamer said he feels it is better to have one administrator to deal with the Legislature than all of the department heads. He asked who made the decision to hire an administrator and Dr. Horey explained that it was decided by a county wide referendum.

Legislator Thurston asked what does that allow the legislators to do for the county that normally they would not be able to do without an administrator. Dr. Horey said they can concentrate on economic development for the county. It also gives them more time to talk about changes and direction. They spend a lot of time policy making. He said it sounds like this Legislature is spending most of its time on executive issues.

Tom Ryan asked what Steuben County=s budget is, and Dr. Horey said it is around $110,000,000. Tom asked if the administrator saved the county money. Dr. Horey said yes, however, he could not give an exact amount of money. You just need to look at their budget since they hired him. He feels the county works better now than it did without an administrator. The budget process is easier. Tom asked how much the administrator made, and Dr. Horey said around $60,000.

YEAR OF THE FAMILY AWARD PRESENTATION:

Legislator Karius read aloud all of the activities and community functions the Bond Family is involved in, and presented the family with a Certificate of Recognition and County Key.

RESOLUTION NO. 123 Motion by Thurston, Second by Gifford.

RE: APPROVE MINUTES OF THE MARCH 9, 1998 REGULAR MEETING, THE MARCH 30, 1998 PUBLIC HEARING AND THE MARCH 30, 1998 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the March 9, 1998 Regular Meeting, the March 30, 1998 Public Hearing and the March 30, 1998 Special Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 8-0.

RESOLUTION NO. 124 Motion by Larison, Second by Young.

RE: APPOINTMENT - SCHUYLER HEAD START

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Legislator Glenn R. Larison to the Schuyler Head Start Board of Directors to replace Legislator Richard L. Little effective immediately and terminating December 31, 1998.

VOTE: Passed 8-0.

RESOLUTION NO. 125 Motion by Larison, Second by Young.

RE: AUTHORIZE CHAIRMAN TO SIGN USE AND DISSEMINATION AGREEMENT WITH NEW YORK STATE FOR FINGERPRINT INFORMATION ON FAMILY COURT CASES - PROBATION

WHEREAS, the Probation Department has been notified of legislation permitting Probation Departments to access criminal history for custody, visitation, and adoption cases through the New York State Division of Criminal Justice Services (DCJS), and

WHEREAS, in order to access said information, it is required that a Use and Dissemination Agreement be signed between the County and DCJS, and

WHEREAS, the Public Safety & Criminal Justice Committee has reviewed and consented to the above being signed.

NOW, THEREFORE, BE IT RESOLVED, that upon approval of the Schuyler County Attorney, the Chairman of this Legislature be authorized to sign the Use and Dissemination Agreement between the County of Schuyler and the New York State Division of Criminal Justice Services.

VOTE: Passed 8-0.

RESOLUTION NO. 126 Motion by Larison, Second by Young.

RE: AUTHORIZE CHAIRMAN TO SIGN GRANT APPLICATION FOR $43,000 - SHERIFF=S DEPARTMENT

WHEREAS, the Division of Criminal Justice has made available $43,000.00 for the Schuyler County Sheriff=s Department for programs and equipment.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to pursue the above-referenced grant application and that the Chairman of the Legislature be hereby authorized to sign all necessary documents and contracts to secure these monies after approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 127 Motion by Larison, Second by Young.

RE: RESOLUTION TO DECLARE EQUIPMENT SURPLUS - REAL PROPERTY TAX SERVICE

WHEREAS, the Real Property Tax Service annually microfilms the Schuyler County tax map sets, and no longer has use for the 1996 tax map set.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, this County Legislature hereby declare as surplus the following items from the Real Property Tax Office and authorize the Real Property Tax Office to dispose of the same with a minimum bid per set as set forth:

1996 MAP SET - $200.00

VOTE: Passed 8-0.

RESOLUTION NO. 128 Motion by Larison, Second by Young.

RE: AUTHORIZATION TO INTERVIEW AND APPOINT TEMPORARY ACCOUNT CLERK TYPIST AND EXTEND HOURS FOR 27-HOUR PER WEEK TYPIST ON A TEMPORARY BASIS - PROBATION DEPARTMENT

WHEREAS, the Account Clerk Typist in the Schuyler County Probation Department will be going on maternity leave for a period of time commencing in about June, 1998, and

WHEREAS, the needs of the above department are that adequate coverage be provided to handle the work of the above position and also the typing and reception needs of the above department, and

WHEREAS, it is felt by the department that the above needs may be met by a temporary extension of the current 27-hour per week Typist position to 35 hrs/week and hiring an Account Clerk Typist for twenty (20) hours per week, and

WHEREAS, there are funds in the departmental budget to cover the above changes.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Probation Director be authorized to increase the hours of the Typist in the department from 27 to 35 hours per week effective upon the commencement of the maternity leave of absence of the Account Clerk Typist, and

BE IT FURTHER RESOLVED, that the Director be authorized to canvas, interview, and hire an Account Clerk Typist on a 20 hour per week basis upon the commencement of the maternity leave of absence of the full-time Account Clerk Typist, and

BE IT FURTHER RESOLVED, that the above terminate upon the return of the full-time Account Clerk Typist from maternity leave.

VOTE: Passed 8-0.

RESOLUTION NO. 129 Motion by Karius, Second by Young.

RE: DENY APPLICATION FOR REFUND OF TAXES - GARVEY - TOWN OF ORANGE TAX ROLL YEARS 1994-1997

WHEREAS, the Real Property Tax Director has received an application for a refund of taxes for tax map number 60.-1-27.12 in the Town of Orange, due to an alleged Clerical Error, RPTL Section 556 (2) on earlier assessment rolls, and, whereas, in reference to the attached (on file) recommendation, the assessment of $35,550. was not placed on the roll in error, and

WHEREAS, it is the recommendation of the Real Property Tax Service Director and the Governmental Operations Committee that said application be denied.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is authorized to execute denial of said application.

VOTE: Passed 8-0.

RESOLUTION NO. 130 Motion by Karius, Second by Young.

RE: DENY APPLICATION FOR REFUND OF TAXES - MRAZ - TOWN OF TYRONE - 1998 TAX ROLL

WHEREAS, the Real Property Tax Director has received an application for a refund of taxes for tax map number 19.-1-46.2 in the Town of Tyrone, and, whereas, in reference to the attached (on file) recommendation, the assessment of $26,400 is not in error, and

WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that said application be denied.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is authorized to execute denial of said application.

VOTE: Passed 8-0.

RESOLUTION NO. 131 Motion by Karius, Second by Young.

RE: APPOINTMENTS - SCHUYLER COUNTY PLANNING COMMISSION

BE IT RESOLVED, the Schuyler County Legislature hereby approves the following appointments effective immediately and terminating December 31, 1998 to the Schuyler County Planning Commission:

Stephen Miller - At-Large, Representing Industry
Edward Andrew Parker - Village of Odessa

VOTE: Passed 8-0.

RESOLUTION NO. 132 Motion by Thurston, Second by Karius.

RE: ACCEPT BIDS FOR NEW CORRUGATED METAL GALVANIZED PIPE, NEW CORRUGATED GALVANIZED ASPHALT TREATED PIPE, NEW CORRUGATED METAL PIPE ARCH, NEW GALVANIZED FLARED END SECTIONS

WHEREAS, Resolution No. 70-98 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened at a Special Bid Opening on March 17, 1998.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids:

ALL BIDS ACCEPTED

Johnny=s Wholesale Chemung Supply Corporation
56 South Applegate Road PO Box 527
Ithaca, N.Y. 14850 Elmira, N.Y. 14902

Copies of these bids are available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 133 Motion by Thurston, Second by Karius.

RE: ACCEPT BIDS FOR CRUSHED LIMESTONE & CRUSHED GRAVEL

WHEREAS, Resolution No. 70-98 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened at a Special Bid Opening on March 17, 1998.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids:

ALL BIDS ACCEPTED

Benchmark New York Dalrymple Gravel & Contracting
CR 6 2105 S. Broadway
Oaks Comers, N.Y. 14518 Pine City, N.Y. 14871

BR DeWitt, Inc. Seneca Stone Corporation
6895 Ellicott Street PO Box 76
Pavilion, N.Y. 14525 Layette, N.Y. 13065

Copies of these bids are available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 134 Motion by Thurston, Second by Karius.

RE: ACCEPT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SAND & SELECT GRANULAR FILL

WHEREAS, Resolution No. 70-98 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened at a Special Bid Opening on March 17, 1998.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids:

ALL BIDS ACCEPTED

Maple Terrace Gravel Mine Blades Construction
2391 C R -10 7610 County Route 65, P.O. Box 590
Alpine, N.Y. 14805 Hornell, N.Y. 14843

Wickhams Pit (Agnelli Wickham) Dalrymple Gravel & Contracting Co
2300 Texas Hollow Road 2105 S. Broadway
Odessa, N.Y. 14869 Pine City, N.Y. 14871

BR. DeWitt, Inc. Austin Construction
6895 Ellicott Street 8550 Rt. 415
Pavilion, N. Y. 14525 Campbell, N.Y. 14821

Copies of these bids are available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 135 Motion by Thurston, Second by Karius.

RE: ACCEPT BID FOR TREE & STUMP REMOVAL

WHEREAS, Resolution No. 70-98 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened at a Special Bid Opening on March 17, 1998.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid:

ONLY BID RECEIVED

Dave Days Tree Service
52 State Route 230
P.O. Box 162
Wayne, N.Y. 14893

Copy of this bid is available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 136 Motion by Thurston, Second by Karius.

RE: ACCEPT/REJECT BIDS FOR GABION BASKETS

WHEREAS, Resolution No. 70-98 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened at a Special Bid Opening on March 17, 1998.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid:

Johnny Wholesale
56 South Appellate Road
Ithaca, N.Y. 14850, and

BE IT FURTHER RESOLVED, that the following bids be rejected:

Chemung Supply Corporation Modular GABION Systems
P.O. Box 527 2221 Canada Dry Street
Elmira, N.Y. 14902 Houston, Texas 77023

Copies of these bids are available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 137 Motion by Thurston, Second by Karius.

RE: ACCEPT/REJECT BIDS FOR USED STEEL PLATE, POLYETHYLENE PIPE, NEW & USED BRIDGE & SHOP STEEL

WHEREAS, Resolution No. 70-98 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened at a Special Bid Opening on March 17, 1998.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid:

Chemung Supply Corporation
P.O. Box 527
Elmira, N.Y. 14902, and

BE IT FURTHER RESOLVED, that the following bids be rejected:

Allegiant Pipe & Tubular Products Johnny Wholesale Inc.
CR 22 546 South Appellate Rd.
Andover, N.Y. 14806 Ithaca, N.Y. 14850

Copies of these bids are available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 138 Motion by Thurston, Second by Karius.

RE: ACCEPT BID FOR STEEL BELTED RADIAL TIRES

WHEREAS, Resolution No. 70-98 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened at a Special Bid Opening on March 17, 1998.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid:

ONLY BID RECEIVED

Ron Parameter Motors, Inc.
2640 State Route 14
Montour Falls, N.Y. 14865

Copy of this bid is available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 139 Motion by Thurston, Second by Karius.

RE: ACCEPT BID FOR GUIDERAIL

WHEREAS, Resolution No. 70-98 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened at a Special Bid Opening on March 17, 1998.

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
P.O. Box 527
Elmira, N.Y. 14902

Copy of this bid is available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 140 Motion by Thurston, Second by Karius.

RE: ACCEPT BIDS FOR SIGNS, POSTS, EXTENSIONS & SIGN BLANKS

WHEREAS, Resolution No. 70-98 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened at a Special Bid Opening on March 17, 1998.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids:

Chemung Supply Corporation Finger Lakes Supply Corporation
P.O. Box 527 P.O. Box 522
Elmira, N.Y. 14902 Hammondsport, N.Y. 14840
Item 1 Only Items 2 & 3 Only

Copies of these bids are available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 141 Motion by Thurston, Second by Karius.

RE: ACCEPT/REJECT BIDS FOR READY-MIX CONCRETE

WHEREAS, Resolution No. 70-98 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened at a Special Bid Opening on March 17, 1998.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid:

Dalrymple Gravel & Contracting Co.
2105 S. Broadway
Pine City, N.Y. 14871, and

BE IT FURTHER RESOLVED, that the following bid be rejected:

B. R. DeWitt, Inc.
6895 Ellicott Street
Pavilion, N.Y. 14525

Copies of these bids are available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 142 Motion by Thurston, Second by Karius.

RE: ACCEPT BIDS FOR COLD MIX PATCHING MATERIALS

WHEREAS, Resolution No. 70-98 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened at a Special Bid Opening on March 17, 1998.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids:

ALL BIDS ACCEPTED

Dalrymple Gravel & Contracting Co. Central Asphalt
2105 S. Broadway 20 Fairground Lane
Pine City, N.Y. 14871 Watkins Glen, N.Y. 14891

Seneca Stone Corporation Benchmark New York
PO Box 76 CR - 6
Layette, NY 13065 Oaks Comers, N.Y. 14518

Copies of these bids are available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 143 Motion by Thurston, Second by Karius.

RE: ACCEPT/REJECT BIDS FOR PAVEMENT MARKINGS

WHEREAS, Resolution No. 70-98 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened at a Special Bid Opening on March 17, 1998.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid:

Chem.-Trol Chemical Co.
2776 C.R. 69
Gibson, Ohio 43431, and

BE IT FURTHER RESOLVED, that the following bid be rejected:

M & S Striping Co.
134 Florence St.
Mamaroneck, N. Y. 10543

Copies of these bids are available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 144 Motion by Thurston, Second by Karius.

RE: ACCEPT/REJECT BIDS FOR ASPHALT EMULSIONS

WHEREAS, Resolution No. 70-98 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened at a Special Bid Opening on March 17, 1998.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids:

Vestal Asphalt Central Asphalt
201 Stage Road 20 Fairground Lane
Vestal, N.Y. 13850 Watkins Glen, N.Y. 14891
Accept all, except Item 19 Item 19 ONLY, and

BE IT FURTHER RESOLVED, that the following bids be rejected:

Penn-Can Road Materials A.L. Blades & Sons, Inc.
PO Box 6501 7610 CR-65, PO Box 590
Syracuse, N.Y. 13217 Hornell, N.Y. 14843-0590

Copies of these bids are available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 145 Motion by Thurston, Second by Karius.

RE: ACCEPT BIDS FOR USED STEEL PIPE

WHEREAS, Resolution No. 70-98 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened at a Special Bid Opening on March 17, 1998.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids:

Chemung Supply Corporation Allegiant Pipe & Tubular Products
PO Box 527 2954 CR-22
Elmira, NY. 14902 Andover, N.Y. 14806
Items 1, 3, 5, 7, 9, 11, 14, 17, 19 Only Items 2,4,6,8,10,12,13,15,16,18,20,21,22 Only

Copies of these bids are available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 146 Motion by Thurston, Second by Karius.

RE: ACCEPT BIDS FOR USED BITUMINOUS CONCRETE ASPHALT

WHEREAS, Resolution No. 70-98 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened at a Special Bid Opening on March 17, 1998.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids:

ALL BIDS ACCEPTED

Genesee LeRoy Stone Corp. Benchmark New York
6869 Ellicott St. PO Box 513
Pavilion, N.Y. 14525-9614 Jamesville, N.Y. 13078

Dalrymple Gravel & Cont., Co. SCL Ventures LLC
2105 S. Broadway PO Box 191
Pine City, N.Y. 14871 Mechanicsville, N.Y. 12118

Seneca Stone Corporation
PO Box 76
Layette, N.Y. 13065

Copies of these bids are available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 147 Motion by Thurston, Second by Karius.

RE: ACCEPT/REJECT BIDS FOR ICE CONTROL SAND

WHEREAS, Resolution No. 70-98 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened at a Special Bid Opening on March 17, 1998.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid:

B.R. DeWitt, Inc.
6895 Ellicott Street
Pavilion, NY 14525, and

BE IT FURTHER RESOLVED, that the following bid be rejected:

Dalrymple Gravel & Contracting Co.
2105 S. Broadway
Pine City, N.Y. 14871

Copies of these bids are available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 148 Motion by Little, Second by Bleiler.

RE: AUTHORIZE ADVERTISEMENT FOR CONSTRUCTION OF COUNTY ROAD 13 BRIDGE, BIN # 3332290

WHEREAS, Schuyler County accepted a proposal for engineering service for County Route 13 Bridge replacement over Jackson Creek, BIN # 3332290, Town of Cayuta, and

WHEREAS, it is now necessary to advertise for bids for construction of the same.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent be authorized to advertise for bids for the construction of County Route 13 bridge, BIN # 3332290, and

BE IT FURTHER RESOLVED, that bids must be received by the Schuyler County Clerk of the Legislature no later than May 5, 1998 at 5: 00 p.m. The bids will be opened at a Special Public Works Committee meeting on May 6,1998 at 9:30 a.m. The County of Schuyler reserves the right to accept or reject any and all bids.

VOTE: Passed 8-0.

RESOLUTION NO. 149 Motion by Little, Second by Bleiler.

RE: AUTHORIZE SEASONAL RATES FOR MARINA

WHEREAS, the Public Works Committee of this Legislature has approved and submitted to this Legislature Schamel Brothers' proposed Rate Schedule for its consideration and approval, and

WHEREAS, this Legislature has considered the Public Works Committee's recommendation and concurs.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the following as the Village Marina's 1997-1998 Seasonal Rate Schedule for its 145 available slips:

1997 - 1998 RATES

DOCK WIDTH AMT PER FOOT MINIMUM WATER & ELECTRICITY
8' wide $27.00 $675.00 $90.00
10' wide 28.00 700.00 90.00
12' wide 29.00 725.00 90.00
14' wide 30.00 750.00 90.00
16' wide 31.00 775.00 90.00

20 amp Service $90.00
30 amp Service $150.00

Dry Docking w/unlimited use of launch ramp $375.00

1997 - 1998 TRANSIENT DOCK

NO. ELECT. W/30 AMP HOOK-UP
Per hour $ 1.00 ----
Per day 20.00 $ 23.00
Per week 120.00 138.00
Per month 450.00 500.00

LAUNCHING RAMP FEES

$4.00 per Launch - tenants free
$35.00 October 31 - March 1st w/unlimited use

TRUCK CRANE

Seasonal Tenants $60.00 each time plus tax
Non-Tenants $70.00 each time plus tax

WINTER STORAGE RATES

AT THE DOCK: $15.00 per foot
ON LAND: $8.00 per foot
HAULING OUT: $3.50 per foot each way
PUMP OUT: $3.00 per pump for tenants; $5.00 per pump for non-tenants
CRADLE FEE: $25.00 includes handling and storage

VOTE: Passed 8-0.

RESOLUTION NO. 150 Motion by Little, Second by Bleiler.

RE: AUTHORIZE REINSTATEMENT INTO COUNTY HEALTH INSURANCE PROGRAM

WHEREAS, Schuyler County Policies and Procedures state that any retiree eligible for health insurance coverage, who is required to pay a portion of the premium must make insurance premium payments when due. If payments are 30 days delinquent, the coverage shall be canceled and eligible for coverage terminated, and

WHEREAS a Schuyler County retiree was delinquent in paying his health insurance premium to the Personnel Office and his coverage was terminated, and

WHEREAS, reinstatement to the health insurance program may only be done by resolution of the Legislature, and

WHEREAS, this Legislature has duly considered the circumstances surrounding the request for reinstatement and approves reinstatement upon immediate payment of the arrears.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the reinstatement of Wayne Pelchar into the County=s health insurance program as a retiree with no lapse in coverage, upon full payment of all premiums due and owing.

VOTE: Passed 8-0.

RESOLUTION NO. 151 Motion by Little, Second by Bleiler.

RE: AMEND POLICIES AND PROCEDURES TO INCLUDE POLICY FOR ISSUANCE OF NOTICE OF LATE PAYMENT TO HEALTH INSURANCE PROGRAM RECIPIENTS 10 DAYS AFTER DUE DATE FOR INSURANCE PAYMENTS

WHEREAS, current County policy allows cancellation and termination of eligibility to any employee, retiree, eligible spouse of a retiree, or former employee in the County=s health insurance program, if they become 30 days delinquent in payment of their required premium, and

WHEREAS, it is the desire of the Legislature to implement a system so that anyone delinquent in payment will receive a notice prior to their cancellation of coverage and termination of eligibility.

NOW, THEREFORE, BE IT RESOLVED, that the section of the Schuyler County Policies and Procedures, Health Insurance, be amended by the following (in bold):

AAny employee, retiree, eligible spouse of a retiree, or former employee eligible for coverage per COBRA law, who is required to pay the full premium for health insurance or a portion thereof must make insurance premium payments when due. A notice is to be sent to each person that becomes delinquent in payment, 10 days after the due date, reminding them that payment is due immediately or their coverage will be canceled and eligibility for coverage terminated. Thereafter, if health insurance payments are 30 days delinquent, the health insurance coverage shall be canceled and the eligibility for coverage terminated.@

VOTE: Passed 8-0.

RESOLUTION NO. 152 Motion by Little, Second by Bleiler.

RE: AMEND 1997-98 EARLY INTERVENTION PROGRAM (EIP)/INFANT-CHILD HEALTH ASSESSMENT PROGRAM (ICHAP) GRANT BUDGET - PUBLIC HEALTH

BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 1997-98 EIP/ICHAP budget as follows:

AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO DESCRIPTION
+ $ 500 4010.208 -4041 Computer Equipment
- $ 50 4010.402 -4041 Advertising
- $ 450 4010.435 -4041 Professional Fees

VOTE: Passed 8-0.

RESOLUTION NO. 153 Motion by Gifford, Second by Bleiler.

RE: PROFESSIONAL ADVISORY AND HEALTH SERVICES COMMITTEE APPOINTMENTS - PUBLIC HEALTH

WHEREAS, vacancies exist on the Professional Advisory and Health Services Committee.

NOW, THEREFORE BE IT RESOLVED, that the following individuals be appointed to the Professional Advisory and Health Services Committee as indicated:

PROFESSIONAL ADVISORY COMMITTEE:

New Appointments: William Weiss, DSS Commissioner
Michelle Myers, Schuyler Hospital Physical Therapy
Doris Karius, Legislator
Elizabeth Hayes
Kathryn Doolittle
Patricia Hastings, Chairman of the Legislature

Reappointments: Ruth Bedient
Harold Hoffmeier
Erik Miller
Dr. Titus Parker
Barbara Regan

HEALTH SERVICES COMMITTEE:

New Appointments: Debbie Bailey, Schuyler Hospital Homecare
Verna Shrout

Reappointments: Dr. Eunice Nayo
Richard Bills
Carol Bossard
Doris Karius
James Howell
Dr. Titus Parker

VOTE: Passed 8-0.

RESOLUTION NO. 154 Motion by Gifford, Second by Bleiler.

RE: AUTHORIZE HEALTH INSURANCE OPTION TO SCHUYLER COUNTY OTB REPRESENTATIVE

WHEREAS, Philip C. Smith, Schuyler County=s representative on the Off-Track Betting Corporation=s (OTB) Board of Directors, is eligible to join OTB=s health insurance program at no cost to the county, and

WHEREAS, this would save the current cost of providing health insurance to Mr. Smith under the retiree portion of the County=s health insurance program, and

WHEREAS, Mr. Smith would like the option to re-join the County=s program, as a retiree, when his membership on the OTB Board of Directors terminates.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes Philip C. Smith the option to re-join the County=s health insurance program as a retiree at any time his membership to the OTB Board of Directors is terminated.

VOTE: Passed 8-0.

RESOLUTION NO. 155 Motion by Gifford, Second by Bleiler.

RE: AUTHORIZE TRANSFER OF FUNDS TOWARDS COOLER/FREEZER PURCHASE - OFFICE FOR THE AGING

WHEREAS, the Office for the Aging has received authorization from the State of New York to transfer some unexpended monies into an equipment account towards the purchase of a cooler/freezer.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $3,000 from account no. 6772.490 to account no. 6772.200.

VOTE: Passed 8-0.

RESOLUTION NO. 156 Motion by Gifford, Second by Bleiler.

RE: AMEND 1998 SOCIAL SERVICES BUDGET FOR JD/PINS CAP SAVINGS PLAN AWARD

WHEREAS, the Schuyler County Department of Social Services has been awarded $66,658 to expend towards its JD/PINS Savings Plan from April 1, 1998 through March 31, 2000, and

WHEREAS, the Department of Social Services needs to adjust its budget for that portion of the JD/PINS Savings Award to be utilized in 1998.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to adjust the 1998 DSS budget as follows:

APPROPRIATIONS:
Account No. 6010. 100 + $21,000
Account No. 6010. 400 + $ 5,500
TOTAL + $26,500
REVENUES:
Account No. 6010-3610 + $26,500

VOTE: Passed 8-0.

RESOLUTION NO. 157 Motion by Gifford, Second by Bleiler.

RE: CREATE AND FILL POSITION OF CASEWORKER FOR THE SCHOOL INTERVENTION PROGRAM IN DSS

WHEREAS, the Department of Social Services is committed to diverting children from entering the Persons In Need of Supervision (P.I.N.S.) and Juvenile Delinquency (J.D.) programs, and

WHEREAS, the County will receive an allocation of JD/PINS Cap savings funds from the NYS Office of Children and Family Services to be used for the development of programs to reduce the incidence of children referred to the PINS and JD programs, and

WHEREAS, these funds must be expended by March 31, 2000, and

WHEREAS, there is not a requirement for local matching funds, and

WHEREAS, the earlier a problem is identified and services are brought to bear, the less likely it is that a child will develop serious problems when he or she is older, and

WHEREAS, an ideal time to identify potential problems children may have is when they are of young school age, and

WHEREAS, a successful school intervention program should involve close coordination between the Schuyler County DSS and the Watkins Glen and Odessa-Montour Falls school districts, and

WHEREAS, the most appropriate title for this position is a caseworker, who will spend the majority of his/her time in the schools working with school teachers/staff, parents and children.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to create and fill a full time caseworker position in the Children Services unit at an annual salary of $22,436 (Grade XXII, $12.28 per hour). Authorization is contingent upon the actual receipt of the allocated funds from NYS Office of Children and Family Services.

VOTE: Passed 8-0.

RESOLUTION NO. 158 Motion by Thurston, Second by Little.

RE: APPOINTMENT - SCHUYLER COUNTY YOUTH BOARD

BE IT RESOLVED, that this Legislature hereby approve the appointment of Legislator Glenn R. Larison to the Schuyler County Youth Board effective immediately for the term ending December 31, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 159 Motion by Thurston, Second by Little.

RE: AUTHORIZE SECTION 18 ANNUAL GRANT APPLICATIONS

WHEREAS, the County of Schuyler is submitting a request for a grant of funds to the New York State Department of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964 as amended, for a project to provide for public mass transportation service for Schuyler County, the Villages of Montour Falls and Watkins Glen and the Towns of Montour and Hector by the Chemung County Transit System for the 1998 fiscal year, and

WHEREAS, the County of Schuyler and the State of New York have entered into a continuing Agreement for a ten-year period which authorizes the undertaking of the Project and payment of the Federal Share, identified as State contract C001944.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute on behalf of the County of Schuyler the annual grant application and progress and complete the above named Project; subject to approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 160 Motion by Thurston, Second by Little.

RE: PROCLAIM WEEK OF MAY 3-9, 1998 AS "NATIONAL TOURISM WEEK"

WHEREAS, National Tourism Week for 1998 is being celebrated nationally from May 3-9, 1998, and

WHEREAS, the Finger Lakes Region encompasses 14 west central New York State Counties and has been recognized as one of the premier destination vacationlands in the United States, and

WHEREAS, the Finger Lakes Association, the oldest tourism promotion agency in the country and the largest in New York State, has been promoting tourism since 1919, and

WHEREAS, there are nearly 6,000 tourism businesses in the Finger Lakes Region providing approximately 80,000 jobs with an annual payroll of over $821,000,000, and

WHEREAS, the Finger Lakes Region=s Activity Index reflects more than 9,000,000 visitations, and

WHEREAS, this results in an overall economic impact in excess of 1.5 billion dollars annually in the Finger Lakes Region, and

WHEREAS, tourism in the Finger Lakes Vacationland ranks with agriculture, manufacturing and education as a major factor in the Region=s economy.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby declares May 3-9, 1998 as National Tourism Week in Schuyler County and National Recognition Day May 6, 1998, and

BE IT FURTHER RESOLVED, copies of this resolution be forwarded to the Schuyler County Chamber of Commerce and the Finger Lakes Association.

VOTE: Passed 8-0.

RESOLUTION NO. 161 Motion by Thurston, Second by Little.

RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 1998 SETTING FOUR-YEAR STAGGERED TERMS OF THE SCHUYLER COUNTY LEGISLATURE

WHEREAS, a proposed Local Law regarding setting four-year staggered terms of the Schuyler County Legislature was heretofore introduced and was disapproved by the electorate at the November, 1996 elections, and

WHEREAS, it is the recommendation that said Local Law be submitted to the electorate for reconsideration at the November 3, 1998 Election.

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2 of the Year 1998, 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 May 11, 1998 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 2 OF THE YEAR 1998

For four-year staggered terms of the Schuyler County Legislature.

TERM OF OFFICE Notwithstanding the provisions of any general, special or local law to the contrary, members of the Schuyler County Legislature shall be elected to staggered terms of four (4) years.

STAGGERED TERMS In each of the three (3) Election Districts heretofore established in the County of

OF OFFICE Schuyler, the successful candidates for election to the County Legislature shall be elected to staggered four (4) year terms as follows:

DETERMINATION OF No later than June 8, 1998, the Chairman of the Legislature shall conduct a

STAGGERED TERMS drawing for determination of the initial staggered terms for successful candidates in the three (3) Election Districts as follows:

A. Prior to the June, 1998 Regular Meeting of the Legislature, the County Attorney shall secretly prepare slips bearing the designations: "DISTRICT I@, DISTRICT II@ AND DISTRICT III@ and secretly place them in plain opaque envelopes bearing no external markings whatever. The County Attorney shall preserve the secrecy thereof and proceed in accordance with sub-paragraph B, below.

B. At the Regular Meeting of the Schuyler County Legislature on June 8, 1998, the County Attorney shall present the Chairman with the three envelopes in a suitable container whereupon the Chairman shall draw and open each envelope according to the following formula: the first Election District chosen shall have a term of four (4) years; the second three (3) years; and the remaining district two (2) years.

1 The District having been drawn for a four (4) year term in accordance with the above procedure shall be elected for a term of four (4) years at the election of the legislature seats to be held in the year 1999 and shall be likewise elected for terms of four (4) years in the election to be held in the year 2003 and successively at four (4) year intervals thereafter.

1. The District having been drawn for a three (3) year term in accordance with the above procedure shall be elected for a term of three (3) years at the election of the legislature seats to be held in the year 1999, but shall be elected for a term of four (4) years in the election to be held in the year 2002 and successively at four (4) year intervals thereafter.

2. The District having been drawn for a two (2) year term in accordance with the above procedure shall be elected for a term of two (2) years at the election of the legislature seats to be held in the year 1999, but shall be elected for a term of four (4) years in the election to be held in the year 2001 and successively at four (4) year intervals thereafter.

COUNTY ATTORNEY/ The term of the County Attorney and the Clerk of the Legislature shall be four

LEGISLATIVE CLERK (4) years beginning on January 1, 2000. The terms of any other officer whose term is determined by reference to that of the Legislature shall likewise be four (4) years.

EFFECTIVE DATE This local law shall be submitted for the approval of the qualified electors of the County of Schuyler at a general election to be held in November, 1998. If this law is approved by the affirmative vote of the majority of the qualified electors in the County voting thereon, this law shall become effective immediately.

DISCUSSION: Legislator Bleiler stated that he has talked to a lot of people and they have different opinions. There are many facets. He feels it should have a public hearing, however, he is not personally endorsing this resolution. Legislator Young said that most people indicated that they would lean towards two year more than four years. Maybe flip a coin within a district to see who would go first instead of the whole district. County Attorney Coleman explained that long ago the county adopted a districting plan unique to our population for dispersal. The issue has been taken to court twice and the county won both times. It might possibly be tested again in the year 2000.

VOTE: Passed 8-0.

RESOLUTION NO. 162 Motion by Thurston, Second by Little.

RE: APPOINTMENTS - RECORDS MANAGEMENT BOARD

BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of the following individuals to the Records Management Board effective immediately with no ending term:

William Weiss, Commissioner of Social Services
Stacy Husted, Records Management Officer

VOTE: Passed 8-0.

RESOLUTION NO. 163 Motion by Larison, Second by Gifford.

RE: AUTHORIZE CONTRACT WITH THE COURTS AND BETTY GLICK FOR INVENTORYING THE CIVIL CASE FILES OF THE SUPREME AND COUNTY COURTS

WHEREAS, the Schuyler County Clerk=s Office has an extensive inventory of court files from 1950 forward, and

WHEREAS, the Schuyler County Clerk is in receipt of grant funds for reviewing and sorting such file backlog, and

WHEREAS, the State Archives and Records Administration (SARA) Office has approved the contractual arrangement between Karen Morgan and Betty Glick.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an agreement between Karen Morgan, Chief Clerk of the Supreme and County Courts and Betty Glick, former Schuyler County Clerk for inventorying the Civil Case Files of the Supreme and County Courts from April 14, 1998 - June 30, 1998, in an amount not to exceed $2,400; subject as necessary, to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 164 Motion by Larison, Second by Gifford.

RE: RESOLUTION TO CORRECT THE 1998 COLLECTOR=S WARRANT - TOWN OF TYRONE

WHEREAS, the 1998 Town of Tyrone Collector=s Warrant currently directs the tax collector to collect a total tax of $1,438,905.52, and,

WHEREAS, that figure is incorrect as a result of an inadvertent mathematical miscalculation.

NOW, THEREFORE, BE IT RESOLVED, that the Town of Tyrone collector=s warrant be amended to correctly read a total tax amount of $1,438,905.62 . In addition, the amount to be paid to the County Treasurer as the balance of taxes collected will be $1,068,765.62, including an excess of $.32 .

VOTE: Passed 8-0.

RESOLUTION NO. 165 Motion by Larison, Second by Gifford.

RE: AUTHORIZE TREASURER TO ESTABLISH A RESERVE ACCOUNT FOR THE DISTRICT ATTORNEY SEIZED ASSETS

WHEREAS, the District Attorney is in receipt of funds ($3,808.35) received from assets received as a result of drug enforcement and for drug enforcement, and

WHEREAS, this money is required to be kept in a separate account and is required to be used and accounted for according to the U.S. Justice Department guide entitled AAccounting for Federal Asset Forfeiture Funds@ which requires use for state or local agencies only where it will increase and not supplement law enforcement resources of the specific state or local agencies. Use of equitable sharing monies to pay for basic operational expenses is discouraged.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer is authorized to set up the bookkeeping and bank accounts to provide the required accounting for these funds.

VOTE: Passed 8-0.

RESOLUTION NO. 166 Motion by Larison, Second by Gifford.

RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH DEPUTY SHERIFFS ASSOCIATION

WHEREAS, there is a need to further clarify the arrangement between the County and the Deputy Sheriff=s Association regarding the buy-in for the enhanced retirement plan.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a Memorandum of Understanding with the Schuyler County Deputy Sheriffs= Association as follows:

MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF SCHUYLER
AND
THE SCHUYLER COUNTY DEPUTY SHERIFFS ASSOCIATION

The following constitutes a Memorandum of Understanding between the County of Schuyler and the Schuyler County Deputy Sheriff=s Association outlining the agreed to changes to Article XVI Pensions and Article VII Paid Holidays of the collective bargaining agreement covering the period from January 1, 1998 and expiring December 31, 2002.

It is agreed by and between the County and the Association that above noted collective bargaining shall be amended as follows:

ARTICLE XVI
PENSIONS

SHALL READ AS FOLLOWS:

1. The present coverage under the New York State Retirement System shall continue in effect during the term of this contract, including coverage under Section 41-j of the New York State Retirement and Social Security Law.

2. Effective January 1, 1998, Employer will make available to qualified members coverage under Article 14-B, Section 551, 25 year plan-1/60th option for law enforcement certified Deputy Sheriffs and coverage under section 89-P and 603-1, 25 year retirement for corrections certified Deputy Sheriffs.

ARTICLE VII
PAID HOLIDAYS

SHALL READ AS FOLLOWS:

1. Full-time employees covered by this Agreement shall be entitled to receive 11 paid holidays, except as noted in paragraph three (3) of this article:

New Year's Day Labor Day
Martin Luther King Day Columbus Day
President's Day Veteran’s Day
Memorial Day Thanksgiving Day
Fourth of July Christmas Day
One Floating Holiday

2. An employee who works on one of the holidays specified in this Article shall receive eight (8) hours holiday pay together with pay at his regular duty rate for all hours actually worked. It being understood that holidays will be observed on the actual date of the holiday, regardless of the day of the week upon which it falls.

3. For calendar year 1998 only, full-time employees covered by the agreement shall be entitled to receive six (6) paid holidays. Such holidays shall be scheduled by the Sheriff or his designee based on the operational needs of the Sheriff=s Department.

Except as modified by this Memorandum of Understanding, the collective bargaining agreement between the parties from January 1, 1998 through December 31, 2002 shall be continued in full force and effect.

For the County For the Association

Date Date

VOTE: Passed 8-0.

RESOLUTION NO. 167 Motion by Larison, Second by Gifford.

RE: APPOINTMENT - ENVIRONMENTAL MANAGEMENT COUNCIL (EMC)

BE IT RESOLVED, that this Legislature hereby approve the appointment of Andy Clark as student representative and George Bulin as Town of Reading representative to the Environmental Management Council effective immediately with a term ending December 31, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 168 Motion by Thurston, Second by Karius.

RE: PROCLAIM WEEK OF APRIL 19-25, 1998 AS AVOLUNTEER 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 proclaim April 19-25, 1998 as AVolunteer 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 8-0.

RESOLUTION NO. 169 Motion by Thurston, Second by Karius.

RE: AUTHORIZE LETTER OF SUPPORT FOR JANE DELANO COMMEMORATIVE STAMP ON BEHALF OF THE SCHUYLER COUNTY HISTORICAL SOCIETY

WHEREAS, the Schuyler County Historical Society has mounted a project seeking a U.S. stamp in memory of Jane Delano who was born in Townsend and made her mark promoting nursing service during WWI, and

WHEREAS, this idea has already been rejected three times by the Citizens= Advisory Committee of the U.S. Postal Service, and

WHEREAS, the Society is hosting a campaign of support from municipalities, and others, asking for their endorsement of this request.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby expresses its support of the Schuyler County Historical Society in its request for a commemorative stamp, in the form of a 32-cent stamp or 20-cent postcard stamp, in the name of Jane Delano, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby directed and authorized to write a letter of support for this endeavor, and

BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to Governor George E. Pataki, NYS Senator John R. Kuhl, Jr., NYS Assemblyman James Bacalles, U.S. Assemblyman Amory Houghton and U.S. Senators Alfonse D=Amato and Daniel Moynihan.

VOTE: Passed 8-0.

RESOLUTION NO. 170 Motion by Thurston, Second by Karius.

RE: AUTHORIZE PREPAYMENT OF DISABILITY AND HEALTH INSURANCE PREMIUMS

WHEREAS, the premiums for disability and health insurance are, in most cases, due within a time frame that cannot be met by the monthly audit, and

WHEREAS, it would be advantageous and more efficient to authorize the Treasurer=s Office to automatically prepay these bills as soon as they are due.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the County Treasurer to prepay disability and health insurance premiums upon presentation of properly prepared vouchers for the same.

VOTE: Passed 8-0.

RESOLUTION NO. 171 Motion by Gifford, Second by Thurston.

RE: MOTION TO BRING TWO (2) EMERGENCY RESOLUTIONS TO THE FLOOR

BE IT RESOLVED, that two (2) emergency resolutions be brought to the floor.

VOTE: Passed 8-0.

RESOLUTION NO. 172 Motion by Larison, Second by Little.

RE: AUTHORIZE TRANSFER OF FUNDS FOR DIGITIZATION - BOARD OF ELECTIONS

WHEREAS, Resolution No. 88-98 authorized a contract with NTS Systems, Inc. for digitization in the Board of Elections, and also authorized a transfer of funds into the equipment account for needed additional equipment, and

WHEREAS, the funds for the monthly payment contract were erroneously budgeted in the equipment line item, and should have been appropriated in a contractual line item for professional services.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $6,400 from account no. 1450.208-Computer Equipment to account no. 1450.435-Professional Fees and Services to cover the contract with NTS Systems, Inc.

VOTE: Passed 8-0.

RESOLUTION NO. 173 Motion by Larison, Second by Little.

RE: AUTHORIZE INTER-MUNICIPAL AGREEMENT FOR ECONOMIC DEVELOPMENT ACTIVITIES

WHEREAS, the county and its municipalities desire to memorialize their commitments and understandings with regard to municipal financial support for SCOPED.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into Inter-municipal Agreements with the towns and villages, setting forth their financial commitment of such economic development activities for SCOPED in the form hereunto annexed:

INTERMUNICIPAL AGREEMENT

THIS AGREEMENT made this _____ day of _________, 1998, between and among the municipal governments, parties hereto.

WHEREAS, at the time hereof a public/private economic development entity commonly known as SCOPED is being formed, and

WHEREAS, each of the parties hereto has previously or will commit municipal funds in furtherance of the mission of SCOPED, the particular nature of such activities to be defined by contract between government entities and SCOPED, and

WHEREAS, the parties hereto desire to memorialize their commitments and understandings with regard to municipal financial support for SCOPED.

IT IS HEREBY AGREED AS FOLLOWS:

1. Each municipal entity which is a party to this Agreement hereby agrees to commit the sum of $____________ in furtherance of such economic development activities as shall be agreed in a contract between the County of Schuyler and SCOPED for such activities. Further, each party hereto agrees to take all steps necessary and proper to budget and appropriate the sum specified above for the object stated.

2. Any party having a resolution of record committing said funds at the time hereof shall attach a certified copy thereof to this Agreement.

3. Any party to this Agreement not yet having a resolution of record as above-stated, will introduce such a resolution at its next regular meeting or as soon thereafter as possible under its rules and procedures. All such resolutions will be attached to this Agreement by the signatory parties.

4. Disbursement of funds by the parties hereto shall be made to the Schuyler County Treasurer at such time as the Schuyler County Legislature shall determine that SCOPED is acceptably formed and ready to function and the Schuyler County Treasurer shall approve the acceptance of such funds on behalf of the County for payment to SCOPED in accordance with a contractual agreement between and among the county of Schuyler and its municipalities and SCOPED for such economic activities as the parties may subsequently agree.

5. The parties further agree that they shall consider a continuing annual commitment to SCOPED funding in accordance with this Agreement and in a like amount in future years for the next two (2) years, to wit: 1999 and 2000. In regard to a commitment for future funding, the parties intend to bind future governing boards to the extent permitted or allowed by law.

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year above written.

COUNTY OF SCHUYLER

BY: ___________________________

BY: _____________________________

PATRICIA L. HASTINGS, Chairman

; said contract having been drafted by the Schuyler County Attorney.

VOTE: Passed 8-0.

REPORT ON STANDING COMMITTEES:

Legislator Thurston reported on the Public Safety/Criminal Justice Committee. He said that back in January there were concerns regarding the emergency services field for Schuyler County. He was happy to see tonight=s resolution adopted declaring next week as Volunteer Week. In February he attended an Emergency Management Meeting. They had a lengthy discussion and formed an Ad Hoc Committee to explore where they are headed with emergency services. He had asked that committee to report to the Legislature tonight, but the agenda was already full. They have done a number of studies and are trying to recruit new members. Currently there is a shortage of volunteers in Schuyler County. The State passed a law about five years ago that allows tax breaks for volunteers. He announced that on April 14, 1998 there will be an open house held at each fire house from 1-3:00 p.m. to let the community know what they are doing.

Legislator Young reported on the Human Services Committee. The Health Futures Group was scheduled to make a presentation tomorrow however, they had to postpone. Another day and time will be set up to hear their report. She has also requested a written report ahead of time.

Legislator Gifford reported on the Community Development & Natural Resources Committee. There was a nice article on the ecotourism brochure that Robert Fitzsimmons spearheaded last year. He gave an update on the two CDBG applications that the county=s planner, John Czamanske has submitted for housing and a revolving loan application. There was a SCOPED meeting last Wednesday, the by-laws are ready for adoption at the next meeting the first Wednesday of next month.

Legislator Bleiler reported on the Management & Finance Committee. The monthly sales tax revenues are now at 103.94%. Legislator Bleiler stated that last year $5,000 was budgeted for training. The money was rolled over for this year. They have done a lot of talking on how to do business better. The County hired Joint Educational Training (JET) to survey everything involved. There are issues that need improvement. The first training starts this Wednesday.

Legislator Larison reported on the Governmental Operations Committee. He was happy to see the Local Law Intro. No. 2 of the year 1998 introduced tonight on staggered terms. He feels it should happen. The Elections Office level of staffing needs to be addressed. The office is staffed just marginally and if someone is out sick there is a problem.

PUBLIC PARTICIPATION:

Casey Creamer asked for some clarification on the sales tax. He asked if the 103% was per month or year to date. Legislator Bleiler explained that that was the first quarter and they are slightly ahead of budget.

Lynn Jacobs from the Corning Leader asked the Legislature if they are going to consider hiring an administrator. Chairman Hastings explained that Stoner Horey came to discuss the legislators position in a non-charter county. Legislator Thurston stated that he would like the Legislature to reconsider the position of County Manager.

Chairman Hastings stated that there will be a public hearing at next month=s regular meeting on the Local Law for staggered terms. A number of years ago it was studied and there were the same concerns. In one election you could lose the whole board.

Sal Richards asked what a non-charter county is. Chairman Hastings explained that Chemung County is chartered. They elect an executive who has a great deal of power like Tom Tranter, he is elected and has power that the Legislature has no control over. County Attorney Coleman explained that chartered counties can also create their own laws. The last new charter given out was many years ago. It is a very long process.

MOTION by Legislator Thurston to go into executive session to discuss a greivence and work history of a particular employee, SECOND by Legislator Gifford. Motion carried eight ayes to zero noes.

MOTION by Legislator Gifford to come out of executive session, SECOND by Legislator Larison. Motion carried eight ayes to zero noes.

RESOLUTION NO. 174 Motion by Thurston, Second by Gifford.

RE: AUTHORIZE SETTLEMENT AGREEMENT - HIGHWAY UNIT CSEA

WHEREAS, a grievance was initiated February 10, 1997 challenging the manner in which the County computed an employee=s salary during the lay offs in 1991, and

WHEREAS, so that this grievance will not advance to the arbitration process, both parties are willing to resolve the grievance through a settlement agreement and have agreed to the terms of the settlement agreement.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign the Settlement Agreement with the Highway Unit CSEA as referenced above, which has been drafted by the County's labor counsel.

VOTE: Passed 8-0.

RESOLUTION NO. 175 Motion by Gifford, Second by Karius.

RE: AUTHORIZE CONTRACT FOR YOUTH BUREAU RELATED SERVICES

WHEREAS, the Youth Bureau Director is on extended medical leave with an unknown date of return to work, and

WHEREAS, there is a need to have someone to conduct necessary administrative business in the Youth Bureau Office, i.e. completing state aid voucher forms and other required paperwork, on a temporary basis.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract for youth bureau related services on a temporary, as-needed basis, 8 to 12 hours per week at $25.00 per hour, contract to be drafted by labor counsel, and

BE IT FURTHER RESOLVED, that Philip Barnes, Hazel Raplee, Ruth Young and Glenn Larison be hereby authorized to interview and determine the most appropriate individual for this contractual arrangement, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the necessary funds to cover this contract from account no. 7310.100-Personal Services to account no. 7310.435-Professional Fees and Services.

VOTE: Passed 8-0.

Chairman Hastings said that the insurance issue for Cornell Cooperative Extension=s recycling contract has not been resolved yet. County Attorney Coleman stated that there is a possibility of getting some pollution insurance for the county for pollution coverage. If the price is reasonable, he recommends the county invests in the insurance and put Cornell Cooperative Extension under its wing. Chairman Hastings said that Bill Peters from E.C. Cooper says after the Shared Fuel Facility is up and running the county will have to have the pollution insurance anyway. Attorney Coleman suggested the county pick up the coverage now to cover all activities. The quoted price was around $3,000. Legislator Little suggested that they add the pollution insurance and sign the contract with Cornell Cooperative Extension for Recycling now.

RESOLUTION NO. 176 Motion by Gifford, Second by Little.

RE: AUTHORIZE PURCHASE OF INSURANCE AND TRANSFER OF FUNDS-RESCINDED

WHEREAS, the County will be proceeding with construction of a Shared Fuel Facility which will require additional pollution insurance, and

WHEREAS, the billing arrangement with the users of the Shared Fuel Facility will help defray the cost of said insurance, and

WHEREAS, there are other instances where this type of insurance would be beneficial, such as with the county=s recycling program.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be directed to negotiate with the county=s insurance broker the best pollution coverage at the best price, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer $ From account no. 1910.419 to reserve account no. .

VOTE: Passed 8-0.

The Meeting adjourned at 9:24 p.m.

Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk

REGULAR MEETING
MAY 11, 1998

The May 11, 1998 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.by Chairman Hastings. The Pledge of Allegiance was led by Legislator Thurston 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:

Rose Marie Kleinspehn from the Village of Burdett commented on the ecotourism brochure that the county produced last year. She felt it was certainly a step in the right direction. She also made a statement about the Watkins Glen Fire Department and its new location. Her suggestion is to have the Fire Station located on Fourth Street and to ask Cargill to break their trains. Chairman Hastings advised that the County is not involved in this decision and the Legislature=s suggestions were in looking out for the lakefront property.

INTRODUCTION OF THE NEW DIRECTOR OF SCOPED, SUSAN PAYNE:

Legislator Gifford introduced Susan to the Legislature. Susan explained that she has been interviewed for the position and that SCOPED has made her an offer. She is looking forward to working with the county as well as the public and private sides. Susan provided the Legislature with information regarding her extensive background in the field of economic development.

PUBLIC PARTICIPATION:

John Czamanske, County Planner, gave an update on Agricultural District #2. He said there was only one property owner that did not want to be included. The total acreage is 42,000. If the Resolution is adopted tonight the package with the Resolution and the proposed modification will be sent to the Department of Agriculture and Markets. He hopes to have a second public hearing around August for the final adoption.

YEAR OF THE FAMILY AWARD PRESENTATION:

Legislator Gifford read aloud all of the activities and community functions the Stamp Family is involved in, and presented the family with a Certificate of Recognition and County Key.

PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 1998 TITLED SETTING FOUR-YEAR STAGGERED TERMS OF THE SCHUYLER COUNTY LEGISLATURE 7:05 P.M.:

Tom Ryan asked if there could be two votes on the ballot as two separate issues. Chairman Hastings explained that it is one issue. County Attorney Coleman added that this is structured on the ballot as one proposition. It has been brought through the entire legislative process as term length and staggering. It has been one resolution since day one. Tom asked why it could not be amended. Attorney Coleman explained that it could go back to committee to be amended, re-advertised and hold another public hearing.

Bob Harrison said he disagrees. It is much more comprehensive as a package deal. Anything done now to change it would confuse the public more.

Bob Burnside said he feels more can be accomplished in a four-year term than a two-year term.

Jean Kosty feels the staggered terms are necessary, it would be a disaster having a whole new board. Legislators just get their feet wet the first two years.

Irene Brown said she is not opposed to change, however she is concerned about it passing in the polls. Why is the staggering done by district? Attorney Coleman explained that it is set up by population, one man, one vote. RESOLUTION NO. 177 Motion by Thurston, Second by Karius.

RE: APPROVE MINUTES OF THE APRIL 13, 1998 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the April 13, 1998 Regular Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 7-0.

RESOLUTION NO. 178 Motion by Gifford, Second by Little.

RE: A RESOLUTION TO ADOPT THE PROPOSAL TO CREATE AN AGRICULTURAL DISTRICT COMPRISING CERTAIN LANDS IN THE TOWNS OF TYRONE, READING, ORANGE, AND DIX TO BE KNOWN AS SCHUYLER COUNTY AGRICULTURAL DISTRICT #2.

WHEREAS, the Schuyler County Legislature was presented petitions on October 14, 1997 in support of a proposal to create an agricultural district pursuant to Section 303 of Article 25AA of the Agriculture and Markets Law of New York State comprising certain lands in the Towns of Tyrone, Reading, Orange, and Dix, to be known as Schuyler County Agricultural District #2, and

WHEREAS, The New York State Agricultural Districts Law, enacted in 1971, has been the state=s most effective tool for maintaining lands in agriculture and which recognizes that agricultural lands are an important and irreplaceable resource, that they are being lost due to development, high costs of doing business, and regulatory restraints, and that certain actions can be taken to retain lands in agriculture, and

WHEREAS, Agricultural District designation provides the following limited mechanisms for assisting farmers and protecting agricultural land:

C eligibility for agricultural assessments
C limitation on local regulations which inhibit farming operations, unless necessary for public health and safety
C encouragement of consistency with agricultural district program objectives by state agencies and policies
C limitations on the exercise of eminent domain and other public acquisitions
C notice requirements on public actions and review of the effect of such actions on farming
C restrictions on benefit assessments, special ad valorem levies or other rates or fees in certain improvement districts or benefit areas to one-half acre surrounding any dwelling or non-farm structure
C four year property tax exemptions for lands on which there are certain crop or orchard re-planting or extensions
C promotion of the coordination of local planning and land use decision-making with the agricultural district program
C provides a limited defense from public nuisance lawsuits against sound agricultural practices
C prior to purchasing land in an agricultural district, buyers are to be informed that their property is in the district and that certain activities, smells, and sounds are to be expected, and

WHEREAS, the Schuyler County Legislature provided for the initial 30-day public comment period on the proposal which ran from 10/22/97 to 11/21/97, and

WHEREAS, the proposal was reviewed and commented on by the Schuyler County Planning Commission and the Schuyler County Agricultural and Farmland Protection Board as required, revised by the staff of Cornell Cooperative Extension as necessary, and forwarded to the Legislature for consideration of approval, and

WHEREAS, subsequently, the Schuyler County Legislature advertised for and conducted a public hearing regarding the proposed district on February 19, 1998 at which time comments were received that additional lands should be included in the proposed district, and

WHEREAS, the staff of Cornell Cooperative Extension of Schuyler County and of the Schuyler County Soil and Water Conservation District have further studied the matter and have developed a proposed modification to the original agricultural district proposal, and

WHEREAS, the original Agricultural District #2 proposal together with the proposed modifications have been presented to the Schuyler County Legislature at this Regular Meeting on May 11, 1998.

NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:

1. The Schuyler County Legislature hereby adopts as a plan the original Schuyler County Agricultural District #2 proposal (as of February 19, 1998) together with the proposed modifications (dated May 7, 1998). This plan includes active farms and viable farm lands in the Towns of Tyrone, Reading, Orange, and Dix and, to the extent feasible, excludes non-viable farm land and non-farm land.

1. The review period for Agricultural District #2 shall be eight years.

2. The Clerk of the Legislature shall cause this adopted plan for Agricultural District #2 to be forwarded to the New York State Commissioner of Agriculture and Markets for certification pursuant to Section 303 of Article 25AA of the Agriculture and Markets Law of New York State.

VOTE: Passed 7-0.

RESOLUTION NO. 179 Motion by Gifford, Second by Little.

RE: AUTHORIZE TRANSFER OF FUNDS - EMERGENCY MANAGEMENT

WHEREAS, the Office of Emergency Management provides communications for the County=s emergency services, and

WHEREAS, there were unforeseen expenses while installing the 911 communications equipment, such as wiring throughout the jail addition, which increased the total cost of the project, and

WHEREAS, there are monies in the E-911 reserve account to cover these additional expenses.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the County Treasurer to transfer $37,171.00 from the E-911 reserve account to the emergency management capital account number 3020.201.

VOTE: Passed 7-0.

RESOLUTION NO. 180 Motion by Gifford, Second by Little.

RE: AUTHORIZE ADVERTISEMENT FOR EIGHT (8) TIMBER BRIDGE REPAIRS UNDER THE MULTI-MODAL PROGRAM

WHEREAS, Schuyler County accepted a proposal for engineering services for eight timber bridge repairs, various locations throughout the County, and

WHEREAS, engineering is completed and it is now necessary to advertise for bids for repairs of the same.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent be authorized to advertise for bids for repairs to the eight timber bridges, and

BE IT FURTHER RESOLVED, that bids must be received by the Clerk of the Legislature no later than June 3, 1998 at 5:00 p.m. Bids will be opened in the Schuyler County Legislative Chambers on June 4, 1998 at 9:30 a.m. The County of Schuyler reserves the right to accept or reject any and all bids.

VOTE: Passed 7-0.

RESOLUTION NO. 181 Motion by Gifford, Second by Little.

RE: AUTHORIZE PURCHASE OF MORTGAGE TAX BOOK - COUNTY CLERK

WHEREAS, the County Clerk=s Office is in need of a new Mortgage Tax Recording book.

NOW, THEREFORE, BE IT RESOLVED, that the County Clerk=s Office be hereby authorized to purchase said Mortgage Tax Recording Book, the expense to be reimbursed by the State Mortgage Tax Department.

VOTE: Passed 7-0.

RESOLUTION NO. 182 Motion by Gifford, Second by Little.

RE: PROCLAIM MONTH OF MAY AS "MENTAL HEALTH MONTH"

WHEREAS, current prevalence estimates indicate that more than 1.2 million New York residents including more than 1,000 Schuyler County residents of all ages suffer from mental illness, and

WHEREAS, Schuyler County Mental Health Clinic provides Outpatient Mental Health Services, Adult Case Management Services and Children and Youth Intensive Case Management Services in Schuyler County, and

WHEREAS, Elmira Psychiatric Center provides a Socialization Program, Intensive Case Management services, and Intensive Psychiatric Rehabilitation Treatment to adults in Schuyler County, and

WHEREAS, Gateways provides Community Residence Program, Supportive Apartments and Intensive Supportive Apartments for mentally impaired individuals in Schuyler County, and

WHEREAS, Pathways, Inc. provides respite services for children and youth and operates the REACH Family Based Treatment Program, 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 proclaim May as Mental Health Month and offers its support and encouragement to all consumers, clients and their families, and local service providers as they work together to overcome and manage disabilities and achieve and maintain the highest level of participation in our community.

VOTE: Passed 7-0.

RESOLUTION NO. 183 Motion by Gifford, Second by Little.

RE: DECLARE EQUIPMENT SURPLUS - MENTAL HEALTH

BE IT RESOLVED, pursuant to Section 215 of County Law, this Legislature authorize the Director of Community Services to declare the following equipment, which is no longer useable, as surplus:

Battery Backup Model #BC500LAN DKR4E 8 Port Hub Asante
Battery Backup Model #BC500LAN DKR4E 2 - 16 Port Hubs
8 Port Hub Asante Pager Serial #900526

VOTE: Passed 7-0.

RESOLUTION NO. 184 Motion by Gifford, Second by Little.

RE: APPOINTMENTS - ALCOHOLISM AND SUBSTANCE ABUSE SUBCOMMITTEE - MENTAL HEALTH

WHEREAS, vacancies exist on the Alcoholism and Substance Abuse Subcommittee.

NOW, THEREFORE, BE IT RESOLVED, that the following individuals be appointed to the Alcoholism and Substance Abuse Subcommittee for the terms expiring as indicated:

Les Gorton December 31, 2001
Michael Eisman, MD December 31, 2001

VOTE: Passed 7-0.

RESOLUTION NO. 185 Motion by Gifford, Second by Little.

RE: APPOINTMENTS - COMMUNITY SERVICES BOARD - MENTAL HEALTH

WHEREAS, vacancies exist on the Community Services Board.

NOW, THEREFORE, BE IT RESOLVED, that the following individuals be appointed to the Community Services Board for the terms expiring as indicated:

Robert Burnside December 31, 2000
Rick Saucier December 31, 2001
Michael Eisman, MD December 31, 2001
William Hayes December 31, 2001

VOTE: Passed 7-0.

RESOLUTION NO. 186 Motion by Gifford, Second by Little.

RE: APPOINTMENTS - MENTAL RETARDATION/DEVELOPMENTAL DISABILITIES SUBCOMMITTEE - MENTAL HEALTH

WHEREAS, vacancies exist on the Mental Retardation/Developmental Disabilities Subcommittee.

NOW, THEREFORE, BE IT RESOLVED, that the following individuals be appointed to the Mental Retardation/Developmental Disabilities Subcommittee for the terms expiring as indicated:

Robert Burnside December 31, 2000
Mary LaRue December 31, 2001
Dorothy Scholtisek December 31, 2001
Barbara Locke December 31, 2001

VOTE: Passed 7-0.

RESOLUTION NO. 187 Motion by Gifford, Second by Little.

RE: APPOINTMENTS - MENTAL HEALTH SUBCOMMITTEE - MENTAL HEALTH

WHEREAS, vacancies exist on the Mental Health Subcommittee.

NOW, THEREFORE, BE IT RESOLVED, that the following individuals be appointed to the Mental Health Subcommittee for the terms expiring as indicated:

Rick Saucier December 31, 2001
William Hayes December 31, 2001

VOTE: Passed 7-0.

RESOLUTION NO. 188 Motion by Thurston, Second by Young.

RE: AMEND 1998 COUNTY BUDGET - PUBLIC HEALTH

WHEREAS, the Department of Health has changed the State Aid reimbursement for the Watershed Department so that it is now reimbursed at 100%.

NOW, THEREFORE, BE IT RESOLVED, that the 1998 Public Health and Watershed budget be amended as follows:

Appropriations:
4050.204 Car $20,000
4050.208 Computer Equip $ 7,000
4050.101 Overtime $ 1,000
4010.201 Equipment $ 3,000
Total $31,000

Revenue:
4050.3403 $28,000
4010.3401 $ 3,000
Total $31,000VOTE: Passed 7-0.

RESOLUTION NO. 189 Motion by Thurston, Second by Young.

RE: CONTRACT WITH SAFETY MEDICAL SYSTEMS - PUBLIC HEALTH

WHEREAS, the New York Environmental Services Corporation sold their service contracts to Safety Medical Systems.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Public Health and the Chairman of the Legislature to execute an agreement with Safety Medical Systems for the disposal of the Home Health Agency=s medical waste at a cost of $35.00 per container, plus a $5.00 pickup charge; agreement subject to the approval of the County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 190 Motion by Thurston, Second by Young.

RE: AUTHORIZE OUT OF STATE TRAVEL - MENTAL HEALTH

WHEREAS, an employee has expressed an interest in attending an out-of-state training conference due to a special interest, and

WHEREAS, the employee is willing to pay for her own lodging and some of the travel expense, and

WHEREAS, it is desirous to approve this employee=s attendance at the conference.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves out-of-state travel for Janet Meaney to attend the National Conference on Loss and Transition and reimbursement for the registration and the portion of the travel expense which is traveled within New York State.

VOTE: Passed 7-0.

RESOLUTION NO. 191 Motion by Thurston, Second by Young.

RE: AUTHORIZE CONTRACT WITH AFFILIATED PSYCHOLOGICAL SERVICES CONSULTANTS, P.C. - MENTAL HEALTH

WHEREAS, certain terms and conditions of this contract have changed during 1998 as follows:

The additional clinical services added in 1997 include but are not limited to direct mental health, evaluative, treatment, and other clinical and related services to the Schuyler County Mental Health Clinic. Payment for these additional clinical services shall be paid quarterly in advance, in an amount not to exceed $7,750.00 per quarter period. The total amount for this agreement with the corporation shall not exceed $47,500 for 1998. The corporation agrees to provide the county with an accounting of gross expenses on a quarterly basis for information and reporting purposes; however, the corporation agrees that if for any reason whatsoever the corporation shall spend during the term of this agreement, for the purposes set forth herein, an amount less than agreed, the total county payments herein shall be reduced to an amount of approved actual corporation expenditures made for such purposes.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the 1998 Agreement with Affiliated Psychological Services Consultants, P.C.; as set forth above; agreement subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 192 Motion by Thurston, Second by Young.

RE: AUTHORIZE AGREEMENT WITH PATHWAYS, INC. - MENTAL HEALTH

WHEREAS, in prior years the Mental Health Clinic has contracted with Pathways, Inc. for the provision of respite services, and

WHEREAS, it is desirous to contract with them for these same services.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services and Chairman of the Legislature be hereby authorized to execute an agreement with Pathways, Inc. for the provision of respite services for 1998 in an amount not to exceed $3,000, subject to approval by the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 193 Motion by Little, Second by Karius.

RE: AUTHORIZE ADVERTISING FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM 7/1/98 - 6/30/98 - PUBLIC HEALTH

WHEREAS, Schuyler County must provide transportation to preschool children with disabilities.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Public Health Office is authorized to advertise for bids for the transportation of preschool children with disabilities from July 1, 1998 through June 30, 1999, and

BE IT FURTHER RESOLVED, that bids are to be marked ASealed Bid@ and received by the Clerk of the Legislature at the County Office Building, 105 Ninth Street, Watkins Glen, NY 14891, no later than 5:00 p.m. on Friday, May 29, 1998. The bids will be opened at the Management and Finance Committee meeting on Monday, June 1, 1998 at 2:00 p.m. at which time recommendation for legislative action will be made; acceptance or rejection of bids will be done at the June 8, 1998 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids.

VOTE: Passed 7-0.

RESOLUTION NO. 194 Motion by Little, Second by Karius.

RE: CONTRACT - PROFESSIONAL HOME CARE, INC. FOR EARLY INTERVENTION PROGRAM SERVICE COORDINATION - PUBLIC HEALTH

WHEREAS, the Schuyler County Early Intervention Program must contract with providers to provide early intervention service coordination to eligible children from birth through age two as required by the New York State Department of Health.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to execute an ongoing contract with Professional Home Care, Inc., to provide early intervention service coordination, effective May 1, 1998 at rates set by the New York State Department of Health; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 195 Motion by Little, Second by Karius.

RE: RESOLUTION DECLARING THE MONTH OF MAY AS OLDER AMERICANS MONTH IN SCHUYLER COUNTY - OFFICE FOR THE AGING

WHEREAS, the month of May has been designated as Older Americans Month, and

WHEREAS, the fastest growing segment of the American society consists of older Americans, and

WHEREAS, older Americans have contributed a lifetime to the growth and development of their community and the nation, and

WHEREAS, older Americans continue to contribute to the welfare of their community as volunteers, and

WHEREAS, the Schuyler County Legislature wishes to recognize the older Americans residing in Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby designate the week of May 11 through May 17, 1998 as Older Americans Week in Schuyler County, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature wishes to express its sincere appreciation and gratitude to all Schuyler County Seniors.

VOTE: Passed 7-0.

RESOLUTION NO. 196 Motion by Little, Second by Karius.

RE: APPLICATION FOR THE ENHANCED DRUG/ALCOHOL SERVICES PROGRAM FOR FAMILY ASSISTANCE RECIPIENTS

WHEREAS, the Welfare Reform Act of 1997 establishes the availability of $12 million in Temporary Assistance to Needy Families (TANF) block grant funds for the purpose of providing enhanced drug/alcohol rehabilitation services to families in receipt of Family Assistance, and

WHEREAS, up to $75 thousand will be made available to Schuyler County to design and develop an enhanced drug/alcohol rehabilitation program which focuses on the needs of the family, promotes family values and stability, and maximizes the potential for successful treatment outcomes while addressing the goals of self-support and self-sufficiency, and

WHEREAS, local districts can opt to contract with an Office of Alcohol and Substance Abuse Services (OASAS) - licensed agency to provide enhanced drug/alcohol services, and

WHEREAS, the Finger Lakes Alcoholism, Counseling and Referral Agency (FLACRA), an OASAS-licensed agency, is the primary provider of alcohol and substance abuse treatment services for the families of Schuyler County, and

WHEREAS, FLACRA has made a verbal commitment to provide the required services, and

WHEREAS, FLACRA will hire a part-time employee to provide case management/coordination and vocational counseling services to potential candidates.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be authorized to apply for $12 thousand in TANF block grant funds for the purpose of providing enhanced drug/alcohol rehabilitation services to families in receipt of Family Assistance in Schuyler County, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with FLACRA to operate the enhanced drug/alcohol rehabilitation services program in Schuyler County, at a cost not to exceed $12,000 in TANF block grant funds, for a one year period commencing on or about May 1, 1998, subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 197 Motion by Little, Second by Karius.

RE: AUTHORIZE EXTENSION OF AGREEMENT WITH FLACRA FOR DRUG AND ALCOHOL ABUSE ASSESSMENTS - SOCIAL SERVICES

WHEREAS, the Schuyler County Legislature authorized the Chairman of the Legislature to execute an agreement between the Finger Lakes Alcoholism and Counseling Referral Agency (FLACRA) for drug and alcohol assessments in accordance with 18 NYCRR 351.2i, 97 ADM 23, 97 INF 16 at a cost of $57.60 per assessment for a trial period 1/1/98 - 4/30/98, renewable for a one year period thereafter if acceptable to both parties, and

WHEREAS, the cost of each assessment has been decreased to $40.00, and

WHEREAS, the FLACRA is willing to extend the agreement for one year upon termination of the trial period 4/30/98.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement between Schuyler County Department of Social Services and FLACRA for drug and alcohol assessments in accordance with 18 NYCRR 351.2 i, 97 ADM 23, 97 INF 16 at a cost of $40.00 per assessment for the period 5/1/98-4/30/99, subject to the approval of the Schuyler County Attorney. The fee for the assessment will be paid from Temporary Assistance to Needy Families (TANF), state and local funds allocated for this purpose.

VOTE: Passed 7-0.

RESOLUTION NO. 198 Motion by Thurston, Second by Young.

RE: APPLICATION FOR CHEMUNG, SCHUYLER, STEUBEN WORKFORCE DEVELOPMENT BOARD TITLE II B SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM GRANT

WHEREAS, Schuyler County has a high youth unemployment rate, and

WHEREAS, the Chemung, Schuyler, Steuben Workforce Development Board (formerly the Chemung, Schuyler, Steuben Private Industry Council) awards grants for a summer youth program, and

WHEREAS, the Job Training Partnership Act (JTPA) allows both low-income and at-risk youth ages 14-21 years of age to apply, and

WHEREAS, the Workforce Development Board (WDB) has approached Schuyler County to apply for their Summer Youth Employment and Training Program (SYETP) grant.

NOW, THEREFORE, BE IT RESOLVED, that Schuyler County be authorized to apply for the Chemung, Schuyler, Steuben WDB=s SYETP grant funds, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute any documents necessary to secure the SYETP funds through WDB, subject to approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the appropriate line items for the grant upon final receipt of the same, and

BE IT FURTHER RESOLVED, that the Schuyler County Department of Social Services be designated administrator for the SYETP grant for 1998, and

BE IT FURTHER RESOLVED, that the Schuyler County Department of Social Services= Community Services Aide position be increased from 20 hours per week up to 30 hours per week in order to free up Employment Unit staff to spend time on organizing the SYETP, and

BE IT FURTHER RESOLVED, that the Commissioner of the Schuyler County Department of Social Services be authorized to hire one full-time Youth Employment Training Coordinator at a salary of $11.72 per hour for 40 hours per week for up to 20 weeks to start in May, and up to two full-time Youth Counselors at a salary of $11.31 per hour for 40 hours per week with one position for 20 weeks to start in May, and if needed, the second position for 10 weeks, to start in June.

VOTE: Passed 7-0.

RESOLUTION NO. 199 Motion by Thurston, Second by Young.

RE: AUTHORIZE AMENDMENT OF CONTRACT FOR MEDICAID MANAGED CARE CONSULTANT SERVICES WITH THE HEALTH FUTURES GROUP - SOCIAL SERVICES

WHEREAS, the Schuyler County Legislature authorized the Chairman of the Legislature to execute an agreement between the Health Futures Group and Schuyler County Department of Social Services for Medicaid Managed Care Consultant Services on July 14, 1997, (Resolution No. 255) for a study to be completed by December 31, 1997, and

WHEREAS, the Schuyler County Legislature authorized the Chairman of the Legislature to amend the current agreement between the Health Futures Group and the Schuyler County Department of Social Services for Medicaid Managed Care Consultant Services, at no additional cost, for an additional three months (to terminate by March 31, 1998) (Resolution No. 521), and

WHEREAS, the Health Futures Group has not completed the study, and

WHEREAS, the study is essential for the County to develop a comprehensive Medicaid Managed Care Plan, and

WHEREAS, an extension will not result in any additional cost to Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to amend the current agreement between the Health Futures Group and Schuyler County Department of Social Services for Medicaid Managed Care Consultant Services, at no additional cost, for an additional three months (to terminate by June 30,1998). The amount of the agreement will not exceed the $25,000 authorized by the Schuyler County Legislature on July 14, 1997, contract amendment subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 200 Motion by Thurston, Second by Young.

RE: AUTHORIZATION TO CONTRACT WITH THE RECORDS MANAGEMENT OFFICER FOR RECORDS MANAGEMENT SERVICES - SOCIAL SERVICES

WHEREAS, the Department of Social Services has maintained a contract with the Schuyler County Clerk=s office for records management services, and

WHEREAS, the Schuyler County Legislature on March 9, 1998 appointed the Deputy Clerk of the Legislature as the Records Management Officer, and

WHEREAS, the Schuyler County Department of Social Services wishes to continue to contract for records management services.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement for record management services for the term 1/1/98 to 12/31/98 at a cost of $5,000, subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 201 Motion by Thurston, Second by Young.

RE: AUTHORIZE TRANSFER OF FUNDS - BUILDINGS AND GROUNDS

WHEREAS, Buildings and Grounds has developed a 1998 budget for Seneca Harbor Park, and

WHEREAS, this budget was developed without any previous history of Seneca Harbor Park, and

WHEREAS, there was work done to repair the breakwater and insufficient funds to pay for the same.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $3,000 from Grounds account no. 1622.427 to Seneca Harbor Park account no. 7110.490.

VOTE: Passed 7-0.

RESOLUTION NO. 202 Motion by Thurston, Second by Young.

RE: REQUESTING STATE LEGISLATION FOR RELIEF FROM UNNECESSARY LEGAL COSTS RESULTING FROM MISPLACED LAWSUITS

WHEREAS, it has become the practice for attorneys to name both counties and towns in notices of claim for civil actions involving claims for highway defects without investigating adequately whether the road is a county highway or a town road and the reason often given is the strict 90-day notice requirement, and

WHEREAS, the legal costs and higher insurance costs incurred by County and Town governments to have their names removed from actions involving roads they have nothing to do with is an unnecessary burden on the taxpayers, and

WHEREAS, the County of Schuyler feels that something should be done to deter this unnecessary and costly practice.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature to enact legislation as follows:

· Attorneys and parties filing notices of claim on their own in cases alleging highway liability should be required to first make written inquiry of the County Highway Superintendent as to which municipality is responsible for the road involved. The law should require the Highway Superintendent to respond within 3 business days.

· If it turns out that the Highway Superintendent was wrong or somehow misled the attorney or party, the claimant should have a new 90 day period commencing with discovery of the error to file a new notice of claim and a short extension of the statute of limitations, if necessary.

· If the attorney or party does not make written inquiry as required above, after being notified by counsel for the municipality of the requirement or if the attorney or party prosecutes the claim after being notified by the Highway Superintendent that the municipality has no responsibility for the road, the attorney and party shall be liable to the municipality for its costs to have its name removed from the suit including, but not limited to, a reasonable hourly charge for attorneys= fees, even if the attorney is on salary. Said reasonable hourly charge shall be equivalent to what is typical for litigation counsel defending insurance companies in such litigation.

· That the Clerk of this Legislature shall send a copy of this resolution to our New York State representatives, NYSAC and each other county in the state.

VOTE: Passed 7-0.

RESOLUTION NO. 203 Motion by Little, Second by Gifford.

RE: AMEND POLICIES AND PROCEDURES TO INCLUDE INTERNET ACCEPTABLE USE POLICY

WHEREAS, internet use among county employees is increasing, and

WHEREAS, it is the recommendation of the Computer Coordination Committee that the county adopt an internet acceptable use policy.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Policies and Procedures manual be amended by the addition of the following:

Internet Acceptable Use Policy

Introduction

The connection to the global Internet exists to facilitate the official work of Schuyler County. The Internet facilities and services will contribute broadly to the goals of the county.

The Internet connection and services are provided for employees and persons legitimately affiliated with the county for the efficient exchange of information and the completion of assigned responsibilities consistent with county goals and statutory responsibilities.

The use of the Internet facilities by any employee or other person authorized by the county must be consistent with this Acceptable Use Policy and security policies.

Principles of Acceptable Use

Schuyler County Internet users are required:

To respect the privacy of other users; for example, users shall not intentionally seek information on, obtain copies of, or modify files or data, belonging to other users, unless explicit permission to do so has been obtained.
To respect the legal protection provided to programs and data by copyright and license.
To protect data from unauthorized use or disclosure as required by state and federal laws and county regulations.
To respect the integrity of computing systems: for example, users shall not use or develop programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system.
To safeguard their accounts and passwords. Any user changes of password must follow published guidelines for good passwords. Accounts and passwords are normally assigned to single users and are not to be shared with any other person without authorization. Users are expected to report any observations of attempted security violations.

Unacceptable Use

It is not acceptable to use Schuyler County Internet facilities:

For activities unrelated to the county's goals;
For activities unrelated to official assignments and/or job responsibilities;
For any illegal purpose;
To transmit threatening, obscene or harassing materials or correspondence;
For unauthorized distribution of data and information;
To interfere with or disrupt network users, services or equipment;
For private purposes such as marketing or business transactions;
For solicitation for religious and political causes;
For unauthorized not-for-profit business activities;
For private advertising of products or services; and
For any activity meant to foster personal gain.

County Rights

Pursuant to the Electronic Communications Privacy Act of 1986 (18 USC 2510 et seq), notice is hereby given that there are NO facilities provided by this system for sending or receiving private or confidential electronic communications. System administrators have access to all mail and user access requests, and will monitor messages as necessary to assure efficient performance and appropriate use. Messages relating to or in support of illegal activities will be reported to the appropriate authorities.

The county reserves the right to log network use and monitor file server space utilization by users and assumes no responsibility or liability for files deleted due to violation of file server space allotments.

The county reserves the right to remove a user account from the network.

The county will not be responsible for any damages. This includes the loss of data resulting from delays, non-deliveries, or service interruptions caused by negligence, errors or omissions. Use of any information obtained is at the user's risk. Any computer connected to a network should have anti-virus software installed. The county makes no warranties, either expressed or implied, with regard to software obtained from this system.

The county reserves the right to change its policies and rules at any time. The county makes no warranties (expressed or implied) with respect to Internet service, and it specifically assumes no responsibilities for:

The content of any advice or information received by a user outside the county or any costs or charges incurred as a result of seeking or accepting such advice;

Any costs, liabilities or damages caused by the way the user chooses to use his/her county Internet access;

Any consequences of service interruptions or changes, even if these disruptions arise from circumstances under the control of the county. The county's Internet services are provided on an as is, as available basis.

Enforcement and Violations

This policy is intended to be illustrative of the range of acceptable and unacceptable uses of the Internet facilities and is not necessarily exhaustive. Questions about specific uses related to security issues not enumerated in this policy statement, reports of specific unacceptable uses, or other questions about appropriate use should be directed to your supervisor.

The county will review alleged violations of the Internet Acceptable Use Policy on a case-by-case basis. Clear violations of the policy which are not promptly remedied will result in termination of Internet services for the person(s) at fault, and referral for disciplinary actions as appropriate.

Schuyler County
INTERNET ACCEPTABLE USE FORM

Acknowledgment and Request

I have read and understand the attached Schuyler County Internet Acceptable Use Policy and agree to the terms and conditions of this agreement. I understand that non-compliance with this agreement can result in immediate suspension of any and/or all network access as well as investigation, and/or referral for disciplinary action.

I also understand that logging and monitoring of keystrokes and other monitoring activities may occur.

I will not share this Internet access with anyone else unless authorized to do so. I am responsible for any activity attributable to my Internet access.

Name _________________________________________________________________

Title _________________________________________________________________

Department _________________________________________________________________

Mailing Address _________________________________________________________________

Telephone _________________________________________________________________

Signature _________________________________________________________________

Date _________________________________________________________________

Do you currently have an Internet browser installed on your PC? ________________________________

Please describe briefly what uses you hope to make of your Internet connection.

Internet usage will not be authorized without department head approval. Authorization will extend indefinitely unless otherwise notified.

Approved By:

Printed Name _________________________________________________________________

Title _________________________________________________________________

Signature _________________________________________________________________

Date ____________________________________

***************************** For Office Purposes **********************************

Date Application Received _____________________Date Access Installed ____________________

VOTE: Passed 7-0.

RESOLUTION NO. 204 Motion by Little, Second by Gifford.

RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 4 OF THE YEAR 1998 SETTING FOUR-YEAR STAGGERED TERMS OF THE SCHUYLER COUNTY LEGISLATURE

WHEREAS, a proposed Local Law setting four-year staggered terms of the Schuyler County Legislature was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held May 11, 1998, and

WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law.

NOW, THEREFORE, BE IT RESOLVED, that said Local Law Intro. No. 2/Local Law No.4 of the year 1998, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and

BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 2/Local Law No. 4 of the year 1998, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 4 OF THE YEAR 1998

For four-year staggered terms of the Schuyler County Legislature.

TERM OF OFFICE Notwithstanding the provisions of any general, special or local law to the contrary, members of the Schuyler County Legislature shall be elected to staggered terms of four (4) years.

STAGGERED TERMS In each of the three (3) Election Districts heretofore established in the County of

OF OFFICE Schuyler, the successful candidates for election to the County Legislature shall be elected to staggered four (4) year terms as follows:

DETERMINATION OF No later than June 8, 1998, the Chairman of the Legislature shall conduct a

STAGGERED TERMS drawing for determination of the initial staggered terms for successful candidates in the three (3) Election Districts as follows:

A. Prior to the June, 1998 Regular Meeting of the Legislature, the County Attorney shall secretly prepare slips bearing the designations: "DISTRICT I@, DISTRICT II@ AND DISTRICT III@ and secretly place them in plain opaque envelopes bearing no external markings whatever. The County Attorney shall preserve the secrecy thereof and proceed in accordance with sub-paragraph B, below.

B. At the Regular Meeting of the Schuyler County Legislature on June 8, 1998, the County Attorney shall present the Chairman with the three envelopes in a suitable container whereupon the Chairman shall draw and open each envelope according to the following formula: the first Election District chosen shall have a term of four (4) years; the second three (3) years; and the remaining district two (2) years.

1. The District having been drawn for a four (4) year term in accordance with the above procedure shall be elected for a term of four (4) years at the election of the legislature seats to be held in the year 1999 and shall be likewise elected for terms of four (4) years in the election to be held in the year 2003 and successively at four (4) year intervals thereafter.

2. The District having been drawn for a three (3) year term in accordance with the above procedure shall be elected for a term of three (3) years at the election of the legislature seats to be held in the year 1999, but shall be elected for a term of four (4) years in the election to be held in the year 2002 and successively at four (4) year intervals thereafter.

3. The District having been drawn for a two (2) year term in accordance with the above procedure shall be elected for a term of two (2) years at the election of the legislature seats to be held in the year 1999, but shall be elected for a term of four (4) years in the election to be held in the year 2001 and successively at four (4) year intervals thereafter.

COUNTY ATTORNEY/ The term of the County Attorney and the Clerk of the Legislature shall be four

LEGISLATIVE CLERK (4) years beginning on January 1, 2000. The terms of any other officer whose term is determined by reference to that of the Legislature shall likewise be four (4) years.

EFFECTIVE DATE This local law shall be submitted for the approval of the qualified electors of the County of Schuyler at a general election to be held in November, 1998. If this law is approved by the affirmative vote of the majority of the qualified electors in the County voting thereon, this law shall become effective immediately.

VOTE: Passed 7-0.

RESOLUTION NO. 205 Motion by Little, Second by Gifford.

RE: AUTHORIZE PURCHASE OF PLAIN PAPER FAX MACHINE - LEGISLATURE

WHEREAS, the Legislative Office had monies budgeted for new chairs and obtained the new chairs at a considerable savings, and

WHEREAS, the Clerk would like to apply the savings towards the purchase of a plain paper fax machine, removing the need to budget for the same in 1999.

NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be hereby authorized to purchase a plain paper fax machine, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $500 from Legislature account no. 1010.206-Chairs to account no. 1010.260-Fax Machine.

VOTE: Passed 7-0.

RESOLUTION NO. 206 Motion by Little, Second by Gifford.

RE: AUTHORIZE ONE-WEEK SALES AND USE TAX CLOTHING EXEMPTION

BE IT RESOLVED, by the Schuyler County Legislature as follows:

SECTION 1. Receipts from sales of and consideration given or contracted to be given for purchases of clothing exempt from state sales and compensating use taxes pursuant to paragraph 30 of subdivision (a) of section 1115 of the tax law shall also be exempt from sales and compensating use taxes imposed in this jurisdiction.

SECTION 2. This resolution shall take effect immediately and shall apply to sales made and uses occurring during the period commencing September 1, 1998 and ending September 7, 1998, although made or occurring under a prior contract.

VOTE: Passed 7-0.

RESOLUTION NO. 207 Motion by Little, Second by Gifford.

RE: APPOINTMENTS - SCHUYLER COUNTY YOUTH BOARD

BE IT RESOLVED, that this Legislature hereby approve the appointment of the following individuals to the Schuyler County Youth Board effective immediately and terminating December 31, 2000:

Linda Horgan, Town of Montour
Richard Hurley, Town of Orange
Sharon Bingell, Town of Reading
Jean Kosty, Town of Tyrone
John Vona, Village of Watkins Glen
Dr. Robert Hudzinski, Bradford Central School
Brittany Loughlin, Jeff Carson & Lucas Schock, Odessa-Montour Central School

VOTE: Passed 7-0.

RESOLUTION NO. 208 Motion by Little, Second by Gifford.

RE: APPOINTMENT - SCHUYLER COUNTY PLANNING COMMISSION

BE IT RESOLVED, that this Legislature hereby approve the appointment of Harry Morgan as the Town of Reading representative and Patricia Lisk as the Village of Odessa representative to the Schuyler County Planning Commission effective immediately and terminating December 31, 1998.

VOTE: Passed 7-0.

RESOLUTION NO. 209 Motion by Little, Second by Gifford.

RE: AUTHORIZE SECTION 18 ANNUAL GRANT APPLICATION

WHEREAS, the County of Schuyler is submitting a request for a grant of funds to the New York State Department of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964 as amended, for a project to provide for public mass transportation service for Schuyler County, the Villages of Montour Falls and Watkins Glen and the Towns of Montour and Hector by the Chemung County Transit System for the 1998 fiscal year, and

WHEREAS, the County of Schuyler and the State of New York have entered into a continuing Agreement for a ten-year period which authorizes the undertaking of the Project and payment of the Federal Share, identified as State contract C001944.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute on behalf of the County of Schuyler the annual grant application and progress and complete the above named Project; subject to approval by the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 210 Motion by Little, Second by Gifford.

RE: DECLARE THE MONTH OF MAY AS MOTORCYCLE SAFETY AWARENESS MONTH

WHEREAS, the Seneca Chiefs Motorcycle Club is dedicated to the elimination of automobile-motorcycle accidents, and

WHEREAS, the Seneca Chiefs Motorcycle Club is engaged in education programs to make the public more aware of the motorcyclist and the safe operation of the motorcycle on the highways, and

WHEREAS, the Seneca Chiefs Motorcycle Club is celebrating motorcycle safety on May 23rd, to call to the attention of the community the vast number of motorcycles that are on the highways, and to help promote public safety.

NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature proclaims the month of May, 1998 AMotorcycle Safety Awareness Week@ in Schuyler County.

VOTE: Passed 7-0.

RESOLUTION NO. 211 Motion by Little, Second by Gifford.

RE: RESOLUTION ENDORSING CAMPAIGN FINANCE REFORM

WHEREAS, Campaign Finance Reform is a Bi-partisan issue of great importance to the survival of our republican democracy, and

WHEREAS, the McCain-Feingold bill which would have brought partial reform to the use of Asoft money@ the unregulated and unlimited large amounts of money given to the national parties by corporations, special interest groups, labor unions, and individual millionaires was stalled in the Senate this Spring, and

WHEREAS, a House version of the McCain-Feingold bill called HR 3526 or the Shays-Meehan Bill is presently moving through the House and will be considered by the full house by May 13 and is endorsed by our Congressman Amo Houghton.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature wholeheartedly support this Bi-partisan effort to bring the political process back into the hands of the people by endorsing the efforts of Shays, Meehan and Houghton to eliminate the use of soft money in the national elections.

VOTE: Passed 7-0.

RESOLUTION NO. 212 Motion by Little, Second by Gifford.

RE: AUTHORIZE CONTRACT WITH MICHAEL KRUSEN FOR MANAGEMENT/CONFIDENTIAL SALARY PLAN STUDY

WHEREAS, the Legislature agrees that there is a need to review the Management/Confidential Salary Plan in a timely manner for budget purposes.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a Letter of Agreement with Michael Krusen for consultant services relative to revising the Schuyler County Management/Confidential Salary Plan at a cost of $2,500, subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $2,500 from the 1998 budgeted funds for salary increases into Legislative account no. 1010.435-Professional Fees & Services.

DISCUSSION: Legislator Bleiler said he is opposed to this Resolution for three reasons. First, the $2,500 is not in this year=s budget. Employees last year were told that salary and grade issues would be addressed in 1998. Second, we need to honor the working agreement that we presently have and live up to it. The employees should not be told that the plan has to be fixed first. Third, we need to develop a new process of problem solving and encourage conversation and communication with department heads and legislators. Not unlike the way the budget process was done last year. We should not hire someone else to do this for us, we should work with the department heads ourselves. He will be voting no on this Resolution tonight.

Legislator Young stated that she has been working on an alternative plan. She feels they can do it themselves and use the $2,500 to apply to changes in salaries.

Legislator Thurston said he has seen Legislator Young=s spreadsheet. He feels they need to give her a month or so to complete it. Should we table this Resolution for a month.

Legislator Gifford said he is in favor of this contract. Mr. Krusen brings with him a scope of expertise.

Legislator Little said he honestly does not have the time to do this in a timely manner.

VOTE: Passed 5-2. Noes: Young, Bleiler.

RESOLUTION NO. 213 Motion by Little, Second by Gifford.

RE: A RESOLUTION AUTHORIZING THE REPLACEMENT OF A BRIDGE IN AND FOR THE COUNTY OF SCHUYLER, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $398,000, AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $398,000 BONDS OF SAID COUNTY TO PAY THE COST THEREOF.

BE IT RESOLVED, by the County Legislature of the County of Schuyler, New York, as follows:

Section 1. The replacement of the County Route 13 Bridge over Jackson Creek in the Town of Cayuta in and for the County of Schuyler, New York, including, as applicable, acquisition of land or rights in land, and retaining walls and approaches thereto, and other improvements incidental thereto, is hereby authorized at a maximum estimated cost of $398,000, it being hereby determined that such replacement bridge shall be constructed of concrete.

Section 2. SEQR Determination: It is hereby determined that the aforesaid purpose constitutes a Type II action under the SEQR regulations of the State of New York which, by definition, will not have a significant impact upon the environment.

Section 3. The plan for the financing of such maximum estimated cost is by the issuance of not exceeding $398,000 bonds of said County hereby authorized to be issued therefor pursuant to the Local Finance Law; provided, however, that the power to appropriate 1998 fund balances to defray such cost, including the power to redeem any or all obligations issued pursuant to this resolution from such 1998 fund balances, is hereby delegated to the County Treasurer.

Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law.

Section 5. The faith and credit of said County of Schuyler, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law.

Section 7. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law.

Section 8. The validity of such bonds and bond anticipation notes may be contested only if:

1. Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, OR

2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, OR

3. Such obligations are authorized in violation of the provisions of the Constitution.

Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section 10. This resolution, which takes effect immediately, shall be published in full in the Watkins Review and Express, the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law.

VOTE: Passed 7-0.

RESOLUTION NO. 214 Motion by Little, Second by Gifford.

RE: APPOINTMENT - LOAN COMMITTEE FOR THE CANAL CORRIDOR INITIATIVE GRANT

WHEREAS, it is with regret that the Legislature accepts the resignation of Audrey Manchester from the Loan Committee for the Canal Corridor Initiative Grant for personal reasons.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature approve the replacement of Audrey Manchester with Connie West as a member of the Loan Committee for the Canal Corridor Initiative Grant effective immediately.

VOTE: Passed 7-0.

RESOLUTION NO. 215 Motion by Little, Second by Gifford.

RE: AUTHORIZE REINSTATEMENT INTO COUNTY HEALTH INSURANCE PROGRAM

WHEREAS, Schuyler County Policies and Procedures state that any retiree eligible for health insurance coverage, who is required to pay a portion of the premium must make insurance premium payments when due. If payments are 30 days delinquent, the coverage shall be canceled and eligibility for coverage terminated, and

WHEREAS, a Schuyler County retiree was delinquent in paying her health insurance premium to the Personnel Office and her coverage was terminated, and

WHEREAS, reinstatement to the health insurance program has been requested and may only be done by resolution of the Legislature, and

WHEREAS, this Legislature has duly considered the circumstances surrounding the request for reinstatement and approves reinstatement.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the reinstatement of Cecelia DeBolt into the County=s health insurance program as a retiree upon payment of any insurance costs incurred on her behalf by the County due to the cancellation process and the reinstatement hereby approved.

VOTE: Passed 7-0.

RESOLUTION NO. 216 Motion by Little, Second by Gifford.

RE: AMEND DRUG-FREE WORKPLACE POLICY

WHEREAS, since the adoption of the Drug-Free Workplace Policy, it has been determined there are several conflicts in the present policy, and

WHEREAS the Management and Finance Committee has agreed that the present policy should be reviewed and County legal counsel opinion was sought, and

WHEREAS, after legal counsel recommendations, the necessary changes were made as per attached copy of revised policy dated April 30, 1998.

NOW, THEREFORE, BE IT RESOLVED, that the attached revised (4/30/98) Drug-Free Workplace Policy be placed in effect immediately.

DRUG-FREE WORKPLACE POLICY

Schuyler County is a federal grant recipient within the meaning of the Drug-Free Workplace Act of 1988 and is required to take certain steps toward maintaining, and to certify to granting federal agencies that it maintains, a drug-free workplace. In addition the County recognizes a drug and alcohol dependency as an illness and potentially a major health problem for all employees. Accordingly the County adopts the following policy.

1. The County prohibits its employees from engaging in, the unlawful manufacture, distribution, dispensation, possession, or use of illegal substances in the workplace. On-duty possession or use of alcohol in a County building is also prohibited. Any employee engaged in such prohibited conduct, or convicted of a crime involving a workplace drug violation, shall be subject to discipline, up to and including discharge. The County will weigh all relevant facts and circumstances and will consider relevant legal constraints in reaching a decision as to discipline. Without regard to, and independent of, its decision to impose discipline, the County retains the right to require that a covered employee who engages in prohibited conduct participate in, and successfully complete, a drug abuse assistance or rehabilitation program. As a condition of continued employment under a federal grant, covered employees must report to their immediate Supervisor within five (5) days any criminal conviction for a workplace drug violation. In addition, any employee required to drive a licensed motor vehicle or operate motorized equipment as part of his/her employment, must report any alcohol or drug related convictions which restrict his/her driving privileges, in any way whatsoever, whether such conviction occurred on or off County premises or while conducting County or personal business. The term "conviction" means a finding of guilt (including a plea of nolo contenders) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of State, Federal or Local criminal drug or alcohol statues.

2. Nothing contained in this policy statement concerning covered employees shall be construed to limit, or in any way restrict, the County's treatment of drug/alcohol-related incidents involving any of its employees.

3. The County supports a drug/alcohol-free awareness and education process to keep employees informed about the dangers of drug and alcohol abuse in the workplace and to reinforce view the County's commitment to maintenance of a drug/alcohol-free workplace, as well as the penalties that may be imposed on employees for drug and alcohol abuse violations. In addition, the drug/alcohol-free process will apprize employees of the availability of drug and alcohol rehabilitation counseling through the Schuyler County Mental Health Clinic and other community agencies as may be appropriate and will review with employees relevant services available.

4. All employees shall be provided with a copy of this policy statement and shall be required to acknowledge in writing to the County receipt of this policy.

It is the intent of the County that possession or use of any illegal drugs will be reported to law enforcement officials and that penalties for violations of this policy be imposed as follows:

1. Possession of intoxicants or drugs (except with a doctor's prescription) on County property.

a. First Offense: Recommendation for counseling services, with written progress report within three months and written reprimand; or two weeks suspension without pay.
b. Second Offense: Two weeks suspension without pay, continued counseling with written progress report within three months; or discharge.

c. Third Offense: Discharge.

2. Working under the influence of intoxicants or drugs (except with a doctor's prescription).

a. First Offense: Two weeks suspension without pay and recommendation for counseling services with written progress report within three months; or discharge.

b. Second Offense: Discharge.

3. Selling of drugs and/or intoxicants on County property.

a. First Offense: Discharge.

At Orientation a new employee will receive a copy of the policy and be required to sign the following statement as a condition of employment.

I have received this policy and agree to abide by its terms.

Date:_________________ Signature of Employee:___________________________

DISCUSSION: Legislator Thurston asked if this Resolution has been approved by the Union. Legislator Bleiler stated that it has not, it is a federal law that requires us to have this policy in place. Attorney Coleman explained that some errors were caught and the wording is being changed to reflect that.

VOTE: Passed 7-0.

RESOLUTION NO. 217 Motion by Little, Second by Gifford.

RE: AMEND SCHUYLER COUNTY POLICIES AND PROCEDURES - DATE OF HIRE FOR NEW EMPLOYEES

WHEREAS, orientation of new employees is required and consumes considerable periods of time, and

WHEREAS, there is a more efficient process for orientation which is used by at least three of our contiguous counties.

NOW THEREFORE BE IT RESOLVED, that all newly hired employees shall begin work on the first work day of a pay period and that a group process will be implemented for orientation, and

BE IT FURTHER RESOLVED, that the Personnel Officer may decide that an exception to this policy is appropriate in extenuating circumstances upon request of an appointing authority, and

BE IT FURTHER RESOLVED that the Schuyler County Policies and Procedures shall be amended by the addition of this policy.

VOTE: Passed 7-0.

RESOLUTION NO. 218 Motion by Little, Second by Gifford.

RE: ACCEPT/REJECT BIDS FOR THE CONSTRUCTION OF COUNTY ROAD 13 BRIDGE OVER JACKSON CREEK, B.I.N. #3332290, TOWN OF CAYUTA

WHEREAS, the Highway Superintendent and Public Works Committee directed the Legislative Clerk to advertise for bids for the construction of County Road 13 Bridge over Jackson Creek, B.I.N. #3332290, and

WHEREAS, bids were opened May 6, 1998 and reviewed with the recommendation being made by Hunt Engineers to accept the low bid from Silverline Construction.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the low bid from Silverline Construction for the construction of County Road 13 Bridge over Jackson Creek, B.I.N. #3332290 at the low bid price of $379,581.00, and

BE IT FURTHER RESOLVED, that the following bids be rejected with a note of appreciation for their participation:

A.L. Blades & Sons, Inc. $486,437.38
G. DeVincentis & Son Construction $417,000.00
R. DeVincentis Construction $434,000.00
Procon Contracting, LLC $484,000.00
Vector Construction Corp. $486,777.00

VOTE: Passed 7-0.

REPORT ON STANDING COMMITTEES:

Legislator Thurston reported on the Public Safety/Criminal Justice Committee. The Motorcycle Safety Awareness group is having a small get together on May 23, 1998. He will be presenting the Resolution to them that day.

Legislator Little reported on the Public Works Committee. They are developing a 1999 budget as means of goals for 1999 and beyond.

Legislator Young reported on the Human Services Committee. She thanked Kirk Smith and Sue Brill for taking over the Summer Youth Employment Program. They are doing an outstanding job for this county.

Legislator Gifford reported on the Community Development and Natural Resources Committee. John Czamanske has been working on the CDBG Grants. The new Director of SCOPED, Susan Payne, will be attending the next committee meeting. Steve Dennis from Southern Tier Central Regional Planning & Development Board (STC) has been working on facilities infrastructure for municipalities and investigating what funding is available.

Legislator Bleiler reported on the Management and Finance Committee. The Department Heads had their first JET training class. The evaluation forms filled out after the class indicated they wanted to continue with the program. There are two more workshops being scheduled on communication skills and managing change. The question about having all of the employees in the Management/Confidential Salary Plan included in the training is being addressed.

UNFINISHED BUSINESS: None.

NEW BUSINESS:

Legislator Gifford request a motion to approve the Chairman of the Legislature to sign a grant application for community development which has to do with the Catharine Valley Bike Trail for $30-50,000. STC is filing the application. Chairman Hastings explained that this is a joint venture with Chemung County. There is another grant for $1,800 for the Village of Montour, Village of Watkins Glen and the Village of Millport to appoint someone to be trained on leadership. This would be a boom for tourism.

MOTION by Legislator Little to authorize the Chairman of the Legislature to sign both grant applications, SECOND by Legislator Young. Motion carried seven ayes to zero noes.

PUBLIC PARTICIPATION:

Tom Ryan asked how much money the county received for the park renovations from the State. The Clerk of the Legislature stated that $75,000 was matching funds and another $54,000 came from Senator Kuhl. The County Treasurer said that they have not received all of the money yet.

The Meeting adjourned at 8:15 p.m.

Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk

REGULAR MEETING
JUNE 8, 1998

The June 8, 1998 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Hastings. The Pledge of Allegiance was led by Legislator Little and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.

PUBLIC PARTICIPATION:

Casey Creamer asked the legislators what it was they were supporting in Resolution No. 222. Chairman Hastings explained that the local farmers lack the ability to get their work done because there are such tough laws for immigrants. This Resolution will make it easier to control. Legislator Gifford stated that the farmers would be able to check credentials. Currently immigrants are using fake green cards and fake credentials. Casey asked if it would be more paperwork for the farmers. Legislator Karius said no more than what they currently have to do. Legislator Gifford said that this will be more proof positive. Casey asked the legislators if they had read the bill that they will be supporting tonight. Chairman Hastings stated that the Farm Bureau asked them to support this Resolution without seeing the bill. Legislator Karius said that the Farm Bureau has studied the bill thoroughly.

INTRODUCTION OF NEW CHAMBER OF COMMERCE DIRECTOR SUSAN SALLOUM:

Susan updated the Legislature on what the Chamber of Commerce is doing for the 1998 season. She listed a number of events coming up in Schuyler County. She also stated that the partnerships are the Chamber's strength. It is critical that everyone work together in the community. She thanked everyone for their support.

STAGGERED TERMS DETERMINATION:

Chairman Hastings announced that at this point she will draw the term limits for the districts as stated by the Staggered Term Local Law for legislators. Upon drawing, the four-year term is for District I, the three-year term is for District II, and the two-year term is for District III.

YEAR OF THE FAMILY AWARD PRESENTATION:

Legislator Young read aloud all of the activities and community functions the Stewart Family is involved in, and presented the couple with a Certificate of Recognition and County Key.

RESOLUTION NO. 219 Motion by Bleiler, Second by Gifford.

RE: APPROVE MINUTES OF THE MAY 11, 1998 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the May 11, 1998 Regular Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 7-0. Abstain: Larison

RESOLUTION NO. 220 Motion by Little, Second by Karius.

RE: DECLARE ARMY TRUCK SURPLUS AND DONATE SURPLUS VEHICLE TO VILLAGE OF WATKINS GLEN, N.Y.

WHEREAS, the Schuyler County Sheriff's Department has in its possession a surplus 1977 Dodge 4WD Army truck, and

WHEREAS, said vehicle is no longer required for County purposes, and

WHEREAS, the Village of Watkins Glen has expressed an interest in acquiring same for public purposes, and

WHEREAS, said acquisition is to be without consideration provided that the Village shall use the truck in

furtherance of a public purpose.

NOW, THEREFORE, BE IT RESOLVED, as follows: Said truck is declared surplus in accordance with County Law Section 215, and

BE IT FURTHER RESOLVED, that the Schuyler County Sheriff's Department provide such vehicle to the Village of Watkins Glen, N.Y. without consideration, and

BE IT FURTHER RESOLVED, that any subsequent costs involving this vehicle be borne solely by the Village of Watkins Glen, N.Y.

DISCUSSION: Legislator Young asked if all towns and villages were notified about this surplus vehicle. Chairman Hastings stated that the decision was based on the fact that the Village of Watkins Glen had been using the vehicle and there is no cost involved therefore no bidding was necessary or required. Legislator Young suggested that in the future if a department inherits something they notify all municipalities so that they may be able to bid on them. Legislator Karius said the county should make sure it does not get involved in a bidding war. Chairman Hastings suggested that the Public Works Committee look into a policy for this issue.

VOTE: Passed 6-2. Noes: Young, Larison.

RESOLUTION NO. 221 Motion by Little, Second by Karius.

RE: BOND RESOLUTION DATED JUNE 8, 1998 AUTHORIZING IMPROVEMENTS IN AND FOR BUILDINGS OWNED BY THE COUNTY OF SCHUYLER, NEW YORK, INCLUDING THE ACQUISITION OF ORIGINAL FURNISHINGS, EQUIPMENT, MACHINERY AND APPARATUS, AT A MAXIMUM ESTIMATED COST OF $111, 000, AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $111,000 BONDS OF SAID COUNTY TO PAY THE COST THEREOF.

BE IT RESOLVED, by the County Legislature of the County of Schuyler, New York, as follows:

Section 1. Improvements in and for buildings owned by the County of Schuyler, New York, including the acquisition of original furnishings, equipment, machinery and apparatus, is hereby authorized at a maximum estimated cost of $111,000.

Section 2. SEQR Determination: It is hereby determined that the aforesaid objects or purposes constitute a Type II action under the SEQR regulations of the State of New York which will not have a significant impact upon the environment.

Section 3. The plan for the financing of such maximum estimated cost is by the issuance of not exceeding $111, 000 bonds of said County hereby authorized to be issued therefor pursuant to the Local Finance Law; provided, however, that the power to appropriate 1998 fund balances to pay any part of such cost, including the power to redeem any or all obligations issued pursuant to this resolution from such 1998 fund balances, is hereby delegated to the County Treasurer.

Section 4. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes purpose is five (5) years, pursuant to subdivision 89 of paragraph a of Section 11.00 of the Local Finance Law.

Section 5. The faith and credit of said County of Schuyler, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law.

Section 7. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law.

Section 8. The validity of such bonds and bond anticipation notes may be contested only if:

1. Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or

2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3. Such obligations are authorized in violation of the provisions of the Constitution.

Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section 10. This resolution, which takes effect immediately, shall be published in full in the Watkins Review and Express, the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law.

VOTE: Passed 8-0.

RESOLUTION NO. 222A Motion by Young, Second by Bleiler.

RE: MOTION TO TABLE RESOLUTION NO. 222 - FAILED

BE IT RESOLVED, that Resolution No. 222 be tabled for one month.

DISCUSSION: Legislator Bleiler stated that he can not vote on something he does not understand. Legislator Karius explained that local people do not want to do this work. Chairman Hastings stated that Bob Chadeayne from the Farm Bureau addressed the committee last month and to table this resolution now would be unfair. She suggested that the legislators obtain their information and get their answers before the regular meeting.

VOTE: Failed 2-6. Noes: Little, Karius, Gifford, Larison, Thurston, Hastings.

RESOLUTION NO. 222 Motion by Little, Second by Karius.

RE: RESOLUTION SUPPORTING LEGISLATION IN THE UNITED STATES SENATE KNOWN AS THE PILOT GUEST WORKER PROGRAM

WHEREAS, Agriculture and in particular, fruit and vegetable production is a major part of New York State=s economy contributing more than $4.35 million dollars last years, and

WHEREAS, fruit and vegetable farms in New York rely on migrant workers for a variety of tasks related to producing and harvesting these crops, and

WHEREAS, the migrant worker labor force is vitally important to the continued profitability and success of agriculture in New York, and

WHEREAS, the Immigration and Naturalization Service and the General Accounting Office both indicate that as much as 50 percent of New York=s migrant workers are presenting fraudulent documents to complete the I-9 process.

NOW, THEREFORE, BE IT RESOLVED, that we request that Senators Daniel Patrick Moynihan and Alfonse D=Amato support and co-sponsor proposed legislation in the United States Senate known as the Pilot Guest Worker Program, and

BE IT FURTHER RESOLVED, that copies of this resolution be sent to United States President William J. Clinton, Senators Moynihan and D=Amato, and New York State Governor George E. Pataki.

VOTE: Passed 6-2. Noes: Young, Bleiler.

RESOLUTION NO. 223 Motion by Gifford, Second by Larison.

RE: AUTHORIZE THE ENVIRONMENTAL MANAGEMENT COUNCIL TO SEND THREE SCHUYLER COUNTY YOUTHS TO THE ENVIRONMENTAL SUMMER CAMP

WHEREAS, the Schuyler County Legislature approves Environmental Management Council=s request to the Community Development and Natural Resources Committee to have the county support the youths in Schuyler County by committing to pay the registration fee for three students to attend a summer camp operated by the Department of Environmental Conservation.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to pay for this expenditure in the amount of $600 by transferring said amount from contingency account no. 1990.500 to account no. 8510.495-Youth Programs.

VOTE: Passed 8-0.

RESOLUTION NO. 224 Motion by Gifford, Second by Larison.

RE: REQUEST HOME RULE LEGISLATION FOR FIREARMS, HUNTING, FISHING, AND TRAPPING POLICIES ON LAND ADJACENT TO THE CANAL WITHIN SCHUYLER COUNTY

WHEREAS, the New York State Canal System crosses the State from top to bottom and end to end while passing through urban, suburban and rural populations, and

WHEREAS, the New York State Department of Transportation has in the past allowed hunting, fishing and trapping on land adjacent to the canal within the guidelines of the New York State Department of Environmental Conservation, and

WHEREAS, the New York State Thruway Authority has taken over the operational control of the canal and has passed a rule prohibiting the possession of firearms on land adjacent to the canal, and

WHEREAS, this rule precludes most forms of hunting ipso facto.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby request of the New York State Legislature the right of home rule for the individual counties for the establishment of policies pertaining to the possession of firearms, hunting, fishing, and trapping on lands adjacent to the canal within the counties, and

BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to members of the Seneca County delegation and to all New York State County Legislatures, New York State Fish and Wildlife Management Act Boards, the Intercounty Association of Western New York, the New York State Association of Counties, the New York State Thruway Authority, the Chair of the New York State Canal Corporation, and the Commissioner of the New York State Department of Environmental Conservation.

VOTE: Passed 8-0.

RESOLUTION NO. 224 Motion by Gifford, Second by Larison.

RE: AUTHORIZE THE CHAIRMAN OF THE LEGISLATURE TO SIGN A LETTER OF AGREEMENT WITH CORNELL COOPERATIVE EXTENSION OF SCHUYLER COUNTY FOR THE ADMINISTRATION OF THE CANAL CORRIDOR INITIATIVE PROGRAM

WHEREAS, it is acknowledged that administration of the major, new Canal Corridor Initiative program requires a level of effort significantly greater than the scope of services described in the Planning and Community Development Management and Education Contract currently in effect between Schuyler County and Cornell Cooperative Extension.

NOW, THEREFORE, BE IT RESOLVED, that Schuyler County will provide to Cornell Cooperative Extension from funds earmarked or allowable for program administration in the approved HUD grant, an amount not to exceed $50,000 over the three-year term covered by this Letter of Agreement, payable quarterly, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign a Letter of Agreement with Cornell Cooperative Extension of Schuyler County for the Administration of the Canal Corridor Initiative Program in an amount not to exceed $50,000, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 225 Motion by Gifford, Second by Larison.

RE: AUTHORIZE CONTRACT WITH ARC FOR TRANSPORTATION OF HANDICAPPED SENIORS - OFFICE FOR THE AGING

WHEREAS, the Office for the Aging is periodically in need of specialized transportation services including the use of wheelchair lift vehicles for transporting individuals referred through the Schuyler County Office for the Aging, and

WHEREAS, the Arc of Schuyler County is an approved contract carrier through the New York State Department of Transportation and has specialized transportation services available.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an agreement for medical transportation services with Schuyler ARC, 203-204 Twelfth Street, Watkins Glen, NY 14891 from 6/1/98-12/31/98 at a rate of $5.00 per one-way trip within Schuyler County and $10.00 per one-way trip outside of Schuyler County; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 226 Motion by Larison, Second by Karius.

RE: APPROVE APPLICATION FOR REFUND OF TAXES, TOWN OF TYRONE, TAX MAP # 49.11-2-21

WHEREAS, application for refund of 1998 real property taxes was made in accordance with Section 550 of the Real Property Tax Law for parcel 49.11-2-21, owned by Allen and Iva Ripley in the Town of Tyrone, and

WHEREAS, the Chairman of the Board of Assessors has indicated that there existed an error in essential fact as defined in Real Property Tax Law Section 550(3), and

WHEREAS, it is the recommendation of the Director of Real Property Tax Service and the Governmental Operations Committee that the application be approved.

NOW, THEREFORE, BE IT RESOLVED, that the 1998 tax roll be corrected, and that the County Treasurer be hereby directed to issue a refund in the amount of $942.92, and

BE IT FURTHER RESOLVED, that the County Treasurer charge the Reserve for Uncollectible Taxes for $361.78, the Town of Tyrone for $102.47 for the Town tax and $48.24 for the Tyrone Fire District, and charge back the Dundee Central School District $430.43, and

BE IT FURTHER RESOLVED, that copies of this resolution be sent to the Town of Tyrone and the Dundee Central School District.

VOTE: Passed 8-0.

RESOLUTION NO. 227 Motion by Larison, Second by Karius.

RE: DECLARE EQUIPMENT SURPLUS - REAL PROPERTY TAX SERVICE

WHEREAS, the Real Property Tax Service no longer has use for several pieces of computer hardware.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that this County Legislature hereby declare as surplus the following items from the Real Property Tax Office and authorize the Real Property Tax Office to dispose of the same:

Used: Monitor Viewsonic 2, 13 inch FA# 00961
Inoperable: Keyboard Twinhead KB6251EA Serial # 95134595
Computer Twinhead Superset590/20V Serial # S1A005194
Printer Okidata GE5253A Serial # 809A0060754

VOTE: Passed 8-0.

RESOLUTION NO. 228 Motion by Larison, Second by Karius.

RE: APPROVE AGREEMENT WITH VIRTUAL INFORMATION SYSTEMS, INC. - REAL PROPERTY TAX AGENCY

WHEREAS, Virtual Information Systems, Inc. (VIS) is requesting permission to scan the County=s mylar tax maps, and

WHEREAS, VIS is also requesting quarterly updates of the county=s real property system assessment and inventory data, and

WHEREAS, in return for the above, VIS agrees to provide to the county three copies of the WINTAX 2000 service on CD-ROM along with quarterly updates of that software.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is authorized, to enter into a two year agreement with VIS as set forth above pending the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 229 Motion by Thurston, Second by Little.

RE: AUTHORIZE TRANSFER OF FUNDS - RECORDS MANAGEMENT

WHEREAS, the Records Management office is in need of a new computer monitor and some additional equipment, and

WHEREAS, there is money available in the conference account no. 1460.0440-1466 for this purchase.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $1,000 from account no. 1460.0440-1466 to equipment account no. 1460.0208-1466, and

BE IT FURTHER RESOLVED, that the Records Manager is authorized to purchase a new monitor and computer equipment, and

BE IT FURTHER RESOLVED, that the Super VGH monitor (serial #3104002) and 486SX-25 computer equipment (serial #30250757) be declared surplus per County Law Section 215 and be placed in the County auction on July 11, 1998.

VOTE: Passed 8-0.

RESOLUTION NO. 230 Motion by Thurston, Second by Little.

RE: ACCEPT/REJECT BIDS FOR ONE 1998 TRACTOR - HIGHWAY

WHEREAS, the Highway Department is in need of a new Tractor/Mower, and

WHEREAS, advertisement for bids of the same were made and opened at the Public Works Committee meeting, and

WHEREAS, five bids were received, with the lowest bidder not meeting the required specifications, delivery timetable, nor providing a current standard production machine.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Schuyler County Highway Superintendent and the Public Works Committee, the Schuyler County Legislature accept the following bid with trade in of a 1981 International Tractor Mower:

Tracey Road Equipment, East Syracuse, NY $52,383, and

BE IT FURTHER RESOLVED, that the following bids be rejected:

RMC Equipment Co., Dundee, NY $49,428
S.C. Hansen, Horseheads, NY Alt. #1 $55,873
Alt. #2 $54,426
Alt. #3 $64,518

VOTE: Passed 8-0.

RESOLUTION NO. 231 Motion by Thurston, Second by Little.

RE: AUTHORIZING DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW

WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax receipts for the period October 1, 1997 through March 31, 1998, 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 "A" attached hereto.

VOTE: Passed 8-0.

RESOLUTION NO. 233 Motion by Karius, Second by Thurston.

RE: APPOINTMENT OF TEMPORARY DIRECTOR OF SCHUYLER COUNTY YOUTH BUREAU

WHEREAS, the Director of the Schuyler County Youth Bureau is on indefinite medical leave and it is deemed necessary to fill the position on a temporary basis.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoint David M. Sanders, Jr. as the temporary Director of the Schuyler County Youth Bureau effective June 9, 1998 at an hourly salary of $13.50 for 17.50 hours per week.

DISCUSSION: Legislator Young suggested that the Chairman of the Legislature write thank you notes to Priscilla Andrews, Hazel Rapalee and Phil Barnes for their work done on this issue.

VOTE: Passed 8-0.

RESOLUTION NO. 234 Motion by Karius, Second by Thurston.

RE: ACCEPT/REJECT BIDS FOR THE TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FOR THE PERIOD 7/1/98-6/30/99 - PUBLIC HEALTH

WHEREAS, Resolution No. 193-98 authorized advertising for bids for transportation of preschool handicapped children, and

WHEREAS, bids were received and opened at the June 1, 1998 Management & Finance Committee meeting.

NOW, THEREFORE, BE IT RESOLVED, that the bid from The Special Children=s Center for transportation of preschool handicapped children to and from The Special Children=s Center from July 1, 1998 to June 30, 1999 in the amount of $48.00 per child per day 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 Frank Pierce Early Childhood Center, SCT BOCES-Horseheads, U.C.P and Yates Arc from July 1, 1998 to June 30, 1999 in the amount of $106.50 per child per day plus $5.00 for each additional child be, and hereby is, accepted, and

EXHIBIT "A"
MORTGAGE TAX DISTRIBUTION AMONG TOWNS AND VILLAGES
OCTOBER 1, 1997 THROUGH MARCH 31, 1998

In Assess Out Assess Total Value Total Dbid. Vill. Sh Town Share Distribution Percentage
Catharine 5,103,985 14,399,687 19,503,672 39,007,344 648.79 4,309.62 4,958.41 13.0847
Cayuta 16,152,034 16,152,034 32,304,068 2,728.25 2,728.25 0.0000
Dix WG 55,440,194 54,782,586 112,045,869 224,091,738 2,826.68 8,505.94 11,425.57 24.7400
Dix MF 1,823,089 92.95 0.8135
Hector 6,401,334 160,456,774 166,858,108 333,716,216 339.59 17,364.00 17,703.59 1.9182
Montour 1,050,259 11,037,276 27,338,038 54,676,076 185.61 6,781.98 9,662.78 1.9209
OD
Montour 15,250,503 2,695.19 27.8925
MF
Orange 21,198,865 21,198,865 42,397,730 4,360.23 4,360.23 0.0000
Reading 7,989,352 60,153,036 68,142,388 136,284,776 2,823.58 45,341.82 48,165.40 5.8622
Tyrone 87,794,471 87,794,471 175,588,942 6,443.15 6,443.15 0.0000

TOTALS 93,058,716 425,974,729 519,033,445 1,038,066,890 9,612.39 95,834.99 105,447.38 76.2320

APPROVED BY COMMITTEE: /s/ Delmar F. Bleiler, Jr.
/s/ Ernest E. Thurston
/s/ Richard L. Little
/s/ Thomas M. Gifford

BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for transportation of preschool handicapped children to and from SCT BOCES-Watkins Glen from July 1, 1998 to June 30, 1999 in the amount of $71 per child per day plus $5.00 for each additional child be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that the bids from Progressive Transportation Services and Birnie Transportation be hereby rejected, and

BE IT FURTHER RESOLVED, that since certain students may be eligible for transport by a parent, school district or public transportation, this award is not an exclusive contract for services, and

BE IT FURTHER RESOLVED, that contracts necessary to carry out such transportation services are hereby authorized for signature by the Chairman of this Legislature, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0. Abstain: Gifford.

RESOLUTION NO. 235 Motion by Thurston, Second by Larison.

RE: DECLARE ITEMS SURPLUS - TREASURER=S DEPARTMENT

WHEREAS, the following items of equipment are inoperable and it was determined that it was not cost effective to repair:

Data General Terminal - Model #6683A - Serial #GG004043
Data General UPS - Model #10221 - Serial #9001 08 FB

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare as surplus the equipment listed above and that they be turned over to the Building Maintenance Supervisor for disposal.

VOTE: Passed 8-0.

RESOLUTION NO. 236 Motion by Thurston, Second by Larison.

RE: ESTABLISH NEW REIMBURSABLE MEAL EXPENDITURES FOR DEPARTMENT HEADS, EMPLOYEES AND LEGISLATORS

BE IT RESOLVED, that upon recommendation of the Management and Finance Committee, commencing

immediately, department heads, employees and Legislators may be reimbursed for meal expenditures upon presentation of properly documented vouchers (with original receipts) and signed travel requests as follows:

Breakfast $8.00
Lunch $13.00
Dinner $20.00, and

BE IT FURTHER RESOLVED, that the aforementioned amounts are the maximum amounts that will be paid for any one given meal except under one of the following circumstances:

1. You are required to purchase all three of your meals for a given day and have been authorized the maximum amount of $41.00, you may divide the cost any way you wish so long as the total meal allowance for the day does not exceed $41.00, however, you must have original receipts and approved travel request attached to your reimbursement voucher or reimbursement will be denied.

2. You are attending a conference, breakfast, lunch, dinner meeting or banquet outside the County for which you have no control over the cost of the meal or what can be ordered, but must purchase a ticket at the price offered and eat whatever is served. Under the aforementioned circumstances there will be no set limit for meal reimbursement, however, you must still attach to your reimbursement voucher either your original conference receipt or meal receipt and approved travel request or reimbursement will be denied.

DISCUSSION: Legislator Young felt that if they did not pass this Resolution there would be more money in the budget for salary increases. She does not feel it is necessary to increase the rates. Legislator Karius also felt the rates should not be increased. Legislator Thurston stated that all they are doing is giving a larger allowance for each meal, they are not allowing them to spend more of their budget. Department Heads still know they can not go over their budget. This resolution does not give them a right to overspend. Legislator Bleiler said that this sets a limit and when the money in the budget is gone, it is gone.

VOTE: Passed 8-0.

RESOLUTION NO. 237 Motion by Thurston, Second by Bleiler.

RE: MOTION TO BRING FOUR (4) RESOLUTIONS TO THE FLOOR
BE IT RESOLVED, that four (4) Resolutions be brought to the floor.

VOTE: Passed 8-0.

RESOLUTION NO. 238 Motion by Karius, Second by Little.

RE: BOND RESOLUTION DATED JUNE 8, 1998 AUTHORIZING THE RECONSTRUCTION OF A PORTION OF THE TIMBER BRIDGE SYSTEM OWNED BY THE COUNTY OF SCHUYLER, NEW YORK, INCLUDING INCIDENTAL IMPROVEMENTS, AT A MAXIMUM ESTIMATED COST OF $226,500, AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $226,500 BONDS OF SAID COUNTY TO PAY THE COST THEREOF.

BE IT RESOLVED, by the County Legislature of the County of Schuyler, New York, as follows:

Section 1. The reconstruction of a portion of the timber bridge system owned by the County of Schuyler, New York, including incidental improvements, is hereby authorized at a maximum estimated cost of $226,500.

Section 2. SEQR Determination: It is hereby determined that the aforesaid specific object or purpose constitutes a Type II action under the SEQR regulations of the State of New York which will not have a significant impact upon the environment.

Section 3. The plan for the financing of such maximum estimated cost is by the issuance of not exceeding $226,500 bonds of said County hereby authorized to be issued therefor pursuant to the Local Finance Law; provided, however, that the power to appropriate 1998 fund balances to pay any part of such cost, including the power to redeem any or all obligations issued pursuant to this resolution from such 1998 fund balances, is hereby delegated to the County Treasurer; provided, further, however that to the extent that any Federal or State aid is received for such purpose, the amount of obligations to be issued pursuant hereto shall be reduced dollar for dollar.

Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific of object or purpose is five (5) years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law.

Section 5. The faith and credit of said County of Schuyler, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law.

Section 7. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law.

Section 8. The validity of such bonds and bond anticipation notes may be contested only if:

1. Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or

2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3. Such obligations are authorized in violation of the provisions of the Constitution.

Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section 10. This resolution, which takes effect immediately, shall be published in full in the Watkins Review and Express, the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law.

VOTE: Passed 8-0.

RESOLUTION NO. 239 Motion by Karius, Second by Little.

RE: ACCEPT/REJECT BIDS FOR EIGHT (8) TIMBER BRIDGE REPAIRS UNDER THE MULTI-MODAL PROGRAM

WHEREAS, Resolution No. 180-98 authorize advertisement for bids as referenced above, and

WHEREAS, three bids were received, opened and reviewed at a Special Public Works committee meeting June 5, 1998, and

WHEREAS, it is the recommendation of the County Highway Superintendent and LaBella Associates engineering firm, that the lowest bid be accepted.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby accept the bid from Penn Yan Builders, P.O. Box 3, Penn Yan, NY 14527 in the amount of $226,211.05 for repairs to eight (8) timber bridges within Schuyler County, and

BE IT FURTHER RESOLVED, that the following bids be rejected:

Silverline Construction $230,489.00
4299 Newtown Road
Burdett, NY 14818

G. DeVincentis & Son Construction $293,860.50
7 Belden Street
Binghamton, NY

VOTE: Passed 8-0.

RESOLUTION NO. 240 Motion by Karius, Second by Little.

RE: DECLARING EQUIPMENT SURPLUS - PROBATION DEPARTMENT

WHEREAS, the Probation Department no longer has use for several pieces of computer hardware.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that this County Legislature hereby declare as surplus the following items from the Probation Department and authorize the Probation Department to dispose of the same to be included in the July 11, 1998 auction:

Used:
Keyboard - _93 AcerK6311111285
Computer _386_ FCCPart15ID 1FAXDM2400lt
Monitor Shirasuna 032807538

VOTE: Passed 8-0.

RESOLUTION NO. 241 Motion by Larison, Second by Little.

RE: DECLARE EQUIPMENT SURPLUS - SHERIFF=S DEPARTMENT

BE IT RESOLVED, pursuant to Section 215 of County Law, this County Legislature hereby declares the following items surplus in the Sheriff=s Department:

2- 1991 Ford Crown Victoria vehicles
1988 Chevrolet Caprice (junk condition)
1988 Chevrolet S-10 Pickup, 4 wheel drive with cap
1988 Chevrolet Station Wagon
1977 Ford Thunderbird
Kenmore Wash Machine
AB Dick Copy Machine (approximately 20+ years old)
Miscellaneous dark room equipment

All vehicles must have decals removed or painted over prior to removal from county property.

VOTE: Passed 8-0.

RESOLUTION NO. 242 Motion by Larison, Second by Little.

RE: DECLARE EQUIPMENT SURPLUS - PUBLIC HEALTH

BE IT RESOLVED, pursuant to Section 215 of County Law, this County Legislature hereby declares the following items surplus in the Watershed Department:

1987 Gray Dodge Aries Car - VIN #1B3BD3690HF291777
1987 Blue Dodge Aries Car - VIN #1B3BD36D8HF304700

VOTE: Passed 8-0.

RESOLUTION NO. 243A Motion by Karius, Second by Gifford.

RE: MOTION TO TABLE RESOLUTION NO. 243 - FAILED

BE IT RESOLVED, that Resolution No. 243 be tabled for one month.

DISCUSSION: Legislator Larison stated that tabling this resolution means it would have to wait until the August Regular meeting for a vote and that is too long. Legislator Bleiler asked if this person had been notified. Bill Weiss, Commissioner of Social Services, said he asked her if she would be willing to accept the salary range and she said yes. She said she would be willing to start June 30, 1998. Legislator Thurston asked Bill if he needed this position right now. Bill said that this position has been vacant for six months and he really needs it filled. The Center for Governmental Research (CGR) report may or may not be done by July. He would like to lock this person in place, he would hate to lose her. Chairman Hastings explained that CGR is researching the possibility of having all youth services in one department and she feels the county should wait one month. Legislator Gifford explained that this position would be in charge of Children Services and Adult Services. Legislator Young said she is concerned because the Human Services Committee gave Bill the authorization to advertise and interview for this position and he did. She feels they would be sending mixed messages. The full Legislature may not support the report from CGR. Legislator Bleiler stated that Bill has done his job and he needs this position. It would be poor business to wait on this resolution. If the CGR study suggests otherwise, then they will have to deal with the issue then.

VOTE: Failed 2-6. Noes: Little, Young, Gifford, Bleiler, Larison, Thurston.

RESOLUTION NO. 243 Motion by Larison, Second by Little.

RE: SET SALARY - DEPUTY COMMISSIONER OF SOCIAL SERVICES

BE IT RESOLVED, that this Legislature acknowledge the appointment by William J. Weiss, Commissioner of Social Services, of Catherine Knobel as Deputy Commissioner of Social Services effective July 6, 1998 at an annual salary of $31,000.

VOTE: Passed 8-0.

REPORT ON STANDING COMMITTEES:

Legislator Thurston reported on the Public Safety/Criminal Justice Committee. He explained that the ad hoc committee on emergency services was not ready to make a presentation tonight, however, they will be making a presentation at the next Public Safety/Criminal Justice Committee meeting. He said that a good example of the crisis they are in was a fire in Montour Falls this morning. There were four fire departments called out. On the fire ground, they had just enough people to handle the fire and there were no young people there. This is a big concern. The recent scare of tornadoes in Schuyler County went well. There was just minimal damage. He publicly thanked all of the volunteers, Bill Randolph, Emergency Management Director and Greg Mathews, Highway Superintendent for a job well done.

Legislator Little reported on the Public Works Committee. He said that the committee has worked on a list of projects for both departments and it seems to be going well.

Robert Burnside was asked to report on the Historical Society. He said they are very active and there are a lot of grants coming in. It is an ambitious program, they are forming a committee to get everyone involved. Barbara Bell will be leaving "The Journal" and each town historian will be asked to give one feature item a year on its town towards "The Journal".

Legislator Karius reported on the Agricultural Farmland Protection Board. They are currently working on Agricultural District #3.

Legislator Gifford reported on Community Development & Natural Resources Committee. He commended David Lisk, Building Maintenance Supervisor, of doing a great job at Seneca Harbor Park. He reported that Chairman Hastings was instrumental in the award of $7,000 for the Catharine Valley Bike Trail. It was one of five projects submitted to Southern Tier Central (STC) and is now before the Governor for his approval. The County Planner will be doing a comprehensive plan for the county with the help of the Planning Commission. The new director of SCOPED started yesterday.

Legislator Bleiler reported on the Management and Finance Committee. The management training process is continuing with Communications and Managing Change in June and July, respectively. The committee is looking at different formats for Employee Assistance Programs and finding out the interest. We need to take action on the state early retirement incentive. The committee has agreed upon the previous year=s budget format for this year's workshops.

Legislator Larison reported on the Governmental Operations Committee. The county has a problem coming up this year with the two-year foreclosure notice versus three-year and we need to let the public know. The Committee found a way to do the scanning in-house for the Board of Elections Office by utilizing the Records Manager which has proven to be very cost-effective. The Forest Practice Board elected him as their new Treasurer. The Forest Practice Board looks at foresting practice in state parks and lands.

PUBLIC PARTICIPATION: None.

The meeting adjourned at 8:12 p.m.

Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk

SPECIAL MEETING
JUNE 18, 1998

The June 18, 1998 Special Meeting of the Schuyler County Legislature was called to order at 3:30 p.m. by Chairman Hastings. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. All Legislators were present, except Legislator Bleiler who was excused and Legislator Thurston who was absent. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

RESOLUTION NO. 244 Motion by Little, Second by Young.

RE: RATIFICATION OF SPECIAL MEETING CALL

BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business:

1. Authorize Contract with Roy Teitsworth, Inc. Auctioneer Service for County Auction.

1. Declare Equipment Surplus - Highway Department

VOTE: Passed 6-0.

RESOLUTION NO. 245 Motion by Karius, Second by Gifford.

RE: AUTHORIZE CONTRACT WITH ROY TEITSWORTH, INC. AUCTIONEER SERVICE FOR COUNTY AUCTION

WHEREAS, it is necessary pursuant to Section 215 of County Law that the county declare equipment surplus, and

WHEREAS, in order for the county to properly dispose of this property it needs to hold an auction.

NOW, THEREFORE, BE IT RESOLVED, that a county auction be set for Saturday, July 11, 1998 at 9:00 a.m., to be held at the Schuyler County Highway Department, 910 Decatur Street, Watkins Glen, NY 14891, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign an agreement with Roy Teitsworth, Inc. Auctioneer Service for conducting a county auction on July 11, 1998 at a fee of 10% of the total sale of equipment of all municipalities participating less a payment for use of county property; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 246 Motion by Karius, Second by Gifford.

RE: DECLARE EQUIPMENT SURPLUS - HIGHWAY DEPARTMENT

BE IT RESOLVED, pursuant to Section 215 of County Law, this County Legislature hereby declares the following items surplus from the Highway Department for inclusion in the county auction:

1987 Ford F-700 24,500 GVW Stake Body 5+2 Speed
1961 Brockway Tractor/Single Axle, Winch
1966 International Single Axle Dump 4X4
1981 Ford F-350 1 Ton Dump 4X2
1972 Hough Loader 3 yard Bucket Model 80
1985 Ford F-250 Pickup Truck 4X2
1976 Brockway Tandem Axle Tractor, AB Diesel
(2) 14' Material/Salt V Box Spreaders (BMS Manufacturing)
1985 8' Ford Pickup Box
1970 Brockway Tandem Axle Dump AB
1977 DUOMQT Walk Behing Sheeps Foot Compactor
1953 24' Single Axle Trailer (Old CD Trailer)
6' Yard Hough General Purpose Bucket
(2) Wing Plows for Grader (Omaha Steel Works)
Austin Western 8' Grader Plow
Hough 3 Yard Bucket
Fuel Tank Distributor S/N 910825 600 Gallons W/Gasboy Pump
60' X 12' Mobile Home Trailer
(100) 4" X 12" Tile Pipe
Grader Wing Tower Post W/Hydraulics
1957 Ford Model 850 Gas 4X4 Tractor W/4' Bucket
4" Water Pump w/4cyl. Wisconsin/Gorman Rupp S/N 195394
LeRoy Gas 4 Cylinder Enginer
7 HP Briggs & Stratton Enginer
(3) Gasboy Fuel Pump
3 Point Hitch Buss Saw
Air Operated I.R. 2000 pd Hoist
Homelite Gas 10 HP Enginer
(8) Calcium Tanks 10' /Fiberglass
1 Way Fink 10' Snow Plows S/N 440-298KP
Viking 12' Wing Snow Plows
(2) 8' Delta Tool Box
Sun Volt Amphere Tester Model Vat-26 S/N 41A8938
Sun Performance Analyzer S/N 18A164 Model 1011
(2) 4 Ton Floor Jacks Black Hawk
Hunter Model 136-81-1 Electronic Wheel Balancer S/N 746182J
1" Air Drive Impact Wrench Chicag
o Pneumatic S/N 344223
(4) Mack Front Spoke Wheels
(3) Air Conditioners
Cummings 250 Diesel Motor
1986 Ford Pickup F250 4X2
(2) Grader Scarifiers
100 Gal. Portable Fuel Tank w/pump
Numerous Parts for 1964 Bucyrus Erie Shovel Crane

VOTE: Passed 6-0.

PUBLIC PARTICIPATION: None.

Chairman Hastings requested a motion from the floor to direct the Personnel Officer to proceed with the Early Retirement Incentive for the July, 1998 Regular Meeting of the Legislature.

MOTION by Legislator Gifford to direct the Personnel Officer to proceed with the Early Retirement Incentive, SECOND by Legislator Little. Motion carried six ayes to zero noes.

Legislator Gifford informed the Legislature that a motion came out of the Community Development and Natural Resources Committee Wednesday, June 17, 1998 to direct the Chairman of the Legislature to sign the 1998 Solid Waste/Recycling Contract with Cornell Cooperative Extension of Schuyler County without the County Attorney's approval. Chairman Hastings requested a formal motion from the full board.

MOTION by Legislator Little, SECOND by Legislator Karius. Motion carried six ayes to zero noes.

The Meeting adjourned at 3:40 p.m.

Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk

REGULAR MEETING
JULY 13, 1998

The July 13, 1998 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Hastings. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present, except Legislators Thurston and Little who were excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION:

Daniel J. DeWitt stated that his family is unable to find a smoke free place in Schuyler County. He has allergies and is a former smoker himself. He is amazed that Schuyler County has not already enacted an ordinance. He believes the county should set an example by passing a simple resolution to show the citizens where our representatives stand on this issue. He urged the Legislature to pass a resolution to urge businesses to establish a smoke free environment, especially restaurants.

Lory Peck said that he recently met with Assemblyman Winner and he feels the State is not going to do anything regarding legislation prohibiting smoking in public areas because they feel it should be done on a county level. There are currently three restaurants in Schuyler County that are smoke free, Jerlando=s Restaurant, the Wildflower Cafe and the Professor=s Place.

Steven Smollen listed some statistics on people who die from cigarette smoke. He also stated that most restaurants want to become smoke free by legislation. They want an even playing field and want the county to enforce it. Not all workers are protected by the clean indoor air act. There is one large group, waiters and waitresses, that have no choice but to breath the smoke filled air. The restaurant owners do not have a choice on other issues, why allow them to serve bad air. A law needs to be initiated.

Casey Creamer stated that he was glad to have the option to quit smoking. He does not feel the facts stated here tonight are true. He can not believe that nine out of ten kids smoke. There should be no need for legislation. Anyone in business would know that they should do this themselves to get more business.

Robert Burnside said he is a former smoker and he loved it. He quit by choice and no one told him he had to do it. He is worried, not everything can be legislated.

Linda Jorgensen agrees that smoke-free environments may not be a legislative issue. The young people have to be considered. We should be role models for the youth. If children see less smoking it will keep them healthier and may influence them not to smoke.

Bob DeWitt said that no one is challenging the right to smoke anywhere, they are challenging where it affects public health.

Kristen Stone feels this issue should be a choice, people can choose which places they want to go to.

YEAR OF THE FAMILY AWARD PRESENTATION:

Legislator Bleiler read aloud all of the activities and community functions the Stone Family is involved in, and presented the family with a Certificate of Recognition and County Key.

PRESENTATION BY MARTHA TWARKINS FROM THE FINGER LAKES NATIONAL FOREST:

Martha Twarkins gave a brief overview of the National Forest and where they are located. She handed out a summary of what the National Forest has to offer. She also gave an update of the projects that are in the making. They would like to use the forest for different activities to bring the tourists in during the off season.

MOTION by Legislator Gifford to waive the Rules to allow the Southern Tier Tobacco Awareness Coalition to make a presentation in lieu of Legislator Karius reporting during the Standing Committee reports, SECOND by Legislator Bleiler. Motion carried six ayes to zero noes. Chairman Hastings stated that the coalition is allowed three to four minutes for their presentation and explained that she and Legislator Karius had a discussion about when the coalition could speak. The Clerk of the Legislature has placed the Coalition on the agenda for November, whether the coalition chooses to come or not. Loretta deferred to Legislator Karius to what she deemed appropriate, and apologized if they came across as persistent. Legislator Karius had hoped to allow nine minutes for the Coalition to show a video. Legislator Gifford stated that the committee meeting is the appropriate place for the video. Legislator Karius said that she feels every legislator should be able to view the video. She stated that this discussion has already gone through her committee and the committee recommended that it come to the full Legislature.

MOTION by Legislator Young to allow the coalition to show their nine minute video, SECOND by Legislator Karius. Motion failed four ayes to two noes. Noes. Larison, Hastings.

Chairman Hastings said she would still allow the Coalition to say a few words.

Loretta Casey-Sotherden, Director of the Coalition, reported that they recently conducted a survey to the public for their input on smoking. Three hundred and twenty-six respondents revealed a strong support for smoke free environments. There are concerns about the youth, children with asthma and the cost involved in tobacco related illness. She feels that the Legislature should be responsible and listen to the public and pass a resolution. Chairman Hastings explained that Legislator Karius as Chairman of the Health Services Committee needs to have the resolution go through her committee first.

RESOLUTION NO. 247 Motion by Bleiler, Second by Gifford.

RE: APPROVE MINUTES OF THE JUNE 8, 1998 REGULAR MEETING AND THE JUNE 18, 1998 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the June 8, 1998 Regular Meeting and the June 18, 1998 Special Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 6-0.

RESOLUTION NO. 248 Motion by Karius, Second by Young.

RE: ANNUAL UPDATE OF THE PINS DIVERSION PLAN

WHEREAS, Schuyler County previously applied for and received approval for the operation of the PINS Diversion Program under the mandatory PINS Diversion Law during 1987 and updated annually since then, and

WHEREAS, this matter has been discussed by members of the Public Safety Committee of the Schuyler County Legislature, and the recommendation of that Committee is that the PINS Diversion Planning Committee for the PINS Plan submit the required annual update.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign the Update of the Plan on behalf of the County of Schuyler as well as any contract or agreement made a part of the Plan; subject to approval by the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the PINS Diversion Planning Committee be authorized to submit said Plan to the State of New York, and

BE IT FURTHER RESOLVED, that the previously appointed members of the PINS Diversion Planning and Assessment Committees continue to serve in that capacity.

VOTE: Passed 6-0.

RESOLUTION NO. 249 Motion by Karius, Second by Young.

RE: AUTHORIZE TRANSFER OF FUNDS AND PURCHASE OF RADAR UNITS - SHERIFF

WHEREAS, it is necessary to replace three obsolete radar units in the Sheriff=s Department, and

WHEREAS, approval has been given by the Department of Motor Vehicles, Governor=s Traffic Safety Committee, to utilize Stop DWI reserve funds to purchase new radar units.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $6,000 from the Stop DWI reserve account to account no. 3315.272 for the purchase of radar units in the Sheriff=s Department.

VOTE: Passed 6-0.

RESOLUTION NO. 250 Motion by Karius, Second by Young.

RE: AUTHORIZE TREASURER TO WRITE-OFF OUTSTANDING PAST DUE BALANCES IN HIGHWAY DEPARTMENT

WHEREAS, the Highway Department billed other municipalities in 1994 and to date these bills are not paid, and

WHEREAS, the Highway Department is now providing shared services to other local, town and village agencies.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Schuyler County Highway Superintendent and Public Works Committee, this Legislature hereby authorize the County Treasurer to write-off the following outstanding past due balances in the Highway Department, as follows:

VOUCHER NO. COUNTY ROAD MACHINERY TOTAL

776 $ 130.20 $ 96.64 $ 226.84

785 274.58 46.12 320.70

807 165.97 30.02 195.99

812 1,563.51 2,921.91 4,485.42

TOTALS $2,134.26 $3,094.69 $5,228.95

VOTE: Passed 6-0.

RESOLUTION NO. 251 Motion by Gifford, Second by Larison.

RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERING - BUILDINGS AND GROUNDS

WHEREAS, the Rural Urban Center is in need of duct work replacement, and

WHEREAS, Hunt Engineers has agreed to provide engineering services for this project in an amount not to exceed $4,875, and

WHEREAS, funding for this contract will come from the capital project that was approved by Resolution 221-98.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, that the Schuyler County Legislature does hereby authorize the Chairman of the Legislature to sign the aforementioned contract, subject to approval of the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 252 Motion by Gifford, Second by Larison.

RE: AUTHORIZE PROCEDURE FOR ADVERTISEMENT OF PAPER AND PLASTIC PRODUCTS - BUILDINGS AND GROUNDS

WHEREAS, the paper and plastic requirement for the County has been bid in accordance with the Purchasing policy annually, and

WHEREAS, funds are budgeted annually in the appropriate budgets.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby direct the Clerk of the Legislature to advertise paper and plastic bids as needed, and the Purchasing Department to compile the actual bids for the paper and plastic needs on a continual basis, to satisfy the yearly bidding procedures.

VOTE: Passed 6-0.

RESOLUTION NO. 253 Motion by Gifford, Second by Larison.

RE: NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY 1998-99

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, by Legislative Resolution No. 209-97 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 1998-99 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 1998-99 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 1998-99, 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 6-0.

RESOLUTION NO. 254 Motion by Larison, Second by Gifford.

RE: DIRECT THE SCHUYLER COUNTY PLANNING COMMISSION TO PREPARE A COUNTY COMPREHENSIVE PLAN

WHEREAS, planning for the immediate and long-range protection, enhancement, growth and development of Schuyler County requires a coordinated and comprehensive approach, and

WHEREAS, a number of organizations in the County have begun individual assessment and planning initiatives that have County-wide implications, and

WHEREAS, Chapter 451, Section 239 of the Laws of the State of New York authorizes the preparation of county comprehensive plans.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Planning Commission is hereby directed to prepare a proposed county comprehensive plan for consideration by the Schuyler County Legislature, and

BE IT FURTHER RESOLVED, that the Schuyler County Planning Commission give priority to economic development, infrastructure and housing among other topics to be addressed by the proposed plan pursuant to Section 239-d, and

BE IT FURTHER RESOLVED, that the Schuyler County Planning Commission maximize public input throughout the comprehensive plan process, and solicit cooperation and assistance from existing organizations including but not limited to SCOPED, the Schuyler County Agriculture and Farmland Protection Board, the Ad Hoc Housing Task Force, Schuyler County Water Quality Coordinating Committee, and STC Regional Planning and Development Board with the preparation of various plan elements, and

BE IT FURTHER RESOLVED, the Schuyler County Planning Commission is authorized to form committees and work groups, including representation from interests such as education not currently present on the Commission, to draft specific plan elements as needed, and

BE IT FURTHER RESOLVED, the Planning Commission is directed to prepare a detailed plan of work as well as an estimate of resources that may be necessary to support the effort for consideration by the Community Development and Natural Resources Committee at its September, 1998 monthly meeting, and

BE IT FURTHER RESOLVED, that the Planning Commission report monthly to the Community Development and Natural Resources Committee, through the Director of Planning and Community Development at Cornell Cooperative Extension of Schuyler County, on its progress in carrying out this effort.

VOTE: Passed 6-0.

RESOLUTION NO. 255 Motion by Larison, Second by Gifford.

RE: AMEND THE 1998 COUNTY BUDGET AND AUTHORIZE AMENDMENT TO THE AFFILIATED PSYCHOLOGICAL SERVICES CONSULTANTS AGREEMENT - MENTAL HEALTH

WHEREAS, there is a need for additional services at the Mental Health Clinic, and

WHEREAS, the Mental Health Committee and the Community Services Board support the need and have included it in the 1998 Reinvestment Plan, and

WHEREAS, additional 100% reinvestment funding has been approved for these additional services at the Mental Health Clinic.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services is hereby authorized to execute an amendment to the agreement with Affiliated Psychological Services Consultants, P.C. to increase the agreement in an amount not to exceed $31,000, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to approve such amended agreement, subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that this Legislature authorizes the Schuyler County Treasurer to amend the 1998 county budget accordingly as follows:

REVENUE ACCOUNT NO. AMOUNT
State Funds 4310-3490 $31,000
EXPENSE
Expenses 4310.435 $31,000

VOTE: Passed 6-0.

RESOLUTION NO. 256 Motion by Larison, Second by Gifford.

RE: AUTHORIZE CONTRACT WITH SUSAN B. HAEFFNER FOR EARLY INTERVENTION PROGRAM SERVICES

WHEREAS, the Schuyler County Early Intervention Program must contract with providers to provide early intervention services to eligible children from birth through age two as required by the New York State Department of Health.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an ongoing contract with Susan B. Haeffner, to provide early intervention services, effective July 1, 1998, at rates set by the New York State Department of Health; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 257 Motion by Larison, Second by Bleiler.

RE: AMEND CONTRACT FOR NYSDOH LEAD POISONING PREVENTION PROGRAM GRANT AND ESTABLISH 1998-99 BUDGET

WHEREAS, Schuyler County has a contract with the New York State Department of Health for its Childhood Lead Poisoning Prevention Program Grant from April 1, 1995 through March 31, 2000, and

WHEREAS, the Department of Health has awarded $25,000 for the third year of this grant contract, from April 1, 1998 through March 31, 1999.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an amendment to the agreement with the New York State Department of Health for the Childhood Lead Poisoning Prevention Program Grant from April 1, 1998 through March 31, 1999, in the amount of $25,000; subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the 1998-99 budget be established as follows:

$14,629.00 to account no. 4010.100-4052 - Personal Service
2,000.00 to account no. 4010.208-4052 - Computer Equipment
300.00 to account no. 4010.429-4052 - Supplies
300.00 to account no. 4010.433-4052 - Postage
300.00 to account no. 4010.440-4052 - Travel
300.00 to account no. 4010.472-4052 - P.R., Brochures
5,750.00 to account no. 4010.489-4052 - Fringe Benefits
2,000.00 to account no. 4010.579-4052 - Lead Testing
$25,579.00 TOTAL EXPENSES

-579.00 to fee revenue account no. 4010.1610-4052
$25,000.00 to grant revenue account no. 4010.4401-4052

VOTE: Passed 6-0.

RESOLUTION NO. 258 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE ADVERTISING AND HIRING OF TEMPORARY CLERICAL HELP IN THE PUBLIC HEALTH DEPARTMENT

WHEREAS, the Public Health Department needs temporary clerical help to assist the support staff due to a leave of absence in that department.

NOW, THEREFORE, BE IT RESOLVED, that the Public Health Department is authorized to advertise and hire temporary help or secure temporary clerical services through a temporary agency, at a cost not to exceed $3,000 from currently appropriated funds.

VOTE: Passed 6-0.

RESOLUTION NO. 259 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE CONTRACT WITH CREDIT COLLECTION SERVICE AGENCY - SOCIAL SERVICES

WHEREAS, Schuyler County Department of Social Services was authorized by Resolution No. 240 presented at a Regular Meeting on August 12, 1996 to enter into an agreement with Media Financial Services for collection services on accounts with no activity for at least six months at the collection rate of 24% for any money paid on an account, subject to the approval of the Schuyler County Attorney, and

WHEREAS, Media Financial Services is no longer in business, and

WHEREAS, Credit Collection Services is a collection agency who has agreed to pursue collection on our accounts with the same collection rate and other terms as in our prior contract with Media Financial Services.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services and Chairman of the Legislature be authorized to enter into an agreement with Credit Collection Services from May 1, 1998 through April 30, 1999 for collection services on accounts with no activity for at least six months at the collection rate of 24% of any money paid on an account; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 260 Motion by Gifford, Second by Larison.

RE: DECLARE EQUIPMENT SURPLUS - VETERANS SERVICE AGENCY

WHEREAS, the Veterans Service Agency has certain equipment in the office that is no longer needed, and

WHEREAS, the following list of equipment should be declared surplus and sold at the county auction to be held in 1999.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby declare the following equipment in the Veterans Service Agency surplus:

IBM Selectric Typewriter, Serial #3817844
Telephone (Brown) Make/Model Unknown
GE Telephone Answering M
achine Model #2-9805A
ADDO-X Adding Machine
Cassette Book Machine, Model #C-76
Rolodex File (2), Model #3504-T w/key
Canon Copier, NP-210

VOTE: Passed 6-0.

RESOLUTION NO. 261 Motion by Gifford, Second by Larison.

RE: APPROVE APPLICATION FOR REFUND OF TAXES, TOWN OF TYRONE, TAX MAP # 20.-1-23.111

WHEREAS, an application for a refund of 1998 real property taxes was made in accordance with Section 550 of the Real Property Tax law for parcel 20.-1-23.111, owned by Frank and Patricia Moskal in the Town of Tyrone, and

WHEREAS, the Chairman of the Board of Assessors has indicated that there existed an error in essential fact as defined in Real Property Tax Law Section 550(3)(c), and

WHEREAS, it is the recommendation of the Director of Real Property Tax Service and the Governmental Operations Committee that the application be approved.

NOW, THEREFORE, BE IT RESOLVED, that the 1998 tax roll be corrected, and that the County Treasurer be hereby directed to issue a refund in the amount of $174.42, and

BE IT FURTHER RESOLVED, that the County Treasurer charge the Reserve for Uncollectible Taxes for $66.92, the Town of Tyrone for $18.96 for the Town tax, and $8.92 for the Tyrone Fire District, and charge back the Dundee Central School District $79.62, and

BE IT FURTHER RESOLVED, that copies of this resolution be sent to the Town of Tyrone and the Dundee School District.

VOTE: Passed 6-0.

RESOLUTION NO. 262 Motion by Gifford, Second by Larison.

RE: AUTHORIZE COPIER LEASE CONTRACT EXTENSION WITH EASTERN COPY PRODUCTS

WHEREAS, Schuyler County has a contract with Eastern Copy Products to supply leased copiers, including maintenance and supplies, for a period of three years to expire January 6, 2000, and

WHEREAS, six copiers have been added to the contract since it=s inception with a minimum extension of nine months past the original contract rebid date of November 1999, and

WHEREAS, the additional remaining months represent a contract buyout of approximately $7,000 for any company wanting to participate in the rebid, and

WHEREAS, it seems very unlikely that bidding companies would buyout remaining contracts in order to participate in a bid.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize a twelve-month extension for the current copier lease contract to expire January 6, 2001.

VOTE: Passed 6-0.

RESOLUTION NO. 263 Motion by Gifford, Second by Larison.

RE: RESCIND RESOLUTION NO. 176-98 AND AUTHORIZE PURCHASE OF INSURANCE AND TRANSFER OF FUNDS

WHEREAS, Resolution No. 176-98 authorized the purchase of pollution insurance coverage for the Shared Fuel Facility which would also benefit the county=s recycling program, and

WHEREAS, the insurance policies have come through separately, with the policy for the Shared Fuel Facility on hold until the facility is built, and

WHEREAS, the bill for the recycling program policy is due and owing immediately, and the funding mechanism for the Shared Fuel Facility will be addressed at a later date.

NOW, THEREFORE, BE IT RESOLVED, that the Legislature approve the Chairman=s negotiation of the two policies for pollution coverage, one for the county=s recycling program and the other for the Shared Fuel Facility, and

BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to transfer $1910.00 from account no. 1910.419-Worker=s Compensation to account no. 1910.319-Pollution Coverage for the policy covering the county=s recycling program.

VOTE: Passed 6-0.

RESOLUTION NO. 264 Motion by Gifford, Second by Karius.

RE: ADOPT RECORDS RETENTION AND DISPOSITION SCHEDULE CO-2 AS THE SUBJECT MATTER LIST FOR THE COUNTY OF SCHUYLER

WHEREAS, Article 6, Section 87 of the Public Officers Law requires that each municipality maintain a list, by subject matter, of all records in the possession of the municipality.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopt the Records Retention and Disposition Schedule CO-2, as prepared by the NYS Education Department, as the official Subject Matter List of the County of Schuyler and all departments and agencies thereof.

VOTE: Passed 6-0.

RESOLUTION NO. 265 Motion by Gifford, Second by Karius.

RE: AUTHORIZE TRANSFER OF FUNDS - DISTRICT ATTORNEY

WHEREAS, the District Attorney=s budget line item for office supplies is expended due to the cost of setting up a new office, and

WHEREAS, there are some unexpended funds in the equipment account.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following account transfers:

FROM ACCOUNT NO. TO ACCOUNT NO. AMOUNT
1165.206-Chair 1165.431-Office Supplies $360.03
1165.210-Desk 1165.431-Office Supplies $ 32.00

VOTE: Passed 6-0.

RESOLUTION NO. 266 Motion by Gifford, Second by Bleiler.

RE: AUTHORIZE ADVERTISING FOR BIDS FOR PAINTING OF THE COURT ROOM - BUILDINGS AND GROUNDS

WHEREAS, the Schuyler County Court Room is in need of painting, and

WHEREAS, funding for this project will come from the capital project that was approved by Resolution 98-221.

NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to advertise for bids for painting of the Court Room, with bid specifications available through the Schuyler County Buildings and Grounds office, and

BE IT FURTHER RESOLVED, that the bids will be received until 3:30 p.m. on July 21, 1998, at the Schuyler County Legislative Office, 105 Ninth Street, Watkins Glen, NY 14891. Bids will be opened at 3:45 p.m. that day and reviewed by the Public Works Committee. The County of Schuyler reserves the right to reject any and all bids.

VOTE: Passed 6-0.

RESOLUTION NO. 267 Motion by Gifford, Second by Bleiler.

RE: EXTEND TERM OF COMMUNITY SERVICES AIDE POSITION - SOCIAL SERVICES

WHEREAS, Resolution No. 198 authorized the filling of a Community Services Aide position in the Department of Social Services for 30 hours per week through 6/30/98, and

WHEREAS, the Department has received additional funding under the AWork Now@ grant for continuation of this position, said position provides driver transportation services to the Mobile Work Crew, and

WHEREAS, the AWork Now@ funds are 100% monies requiring no local match.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the extension of the Community Services Aide position in the Department of Social Services for 30 hours per week at a 1998 salary of $7.88 per hour through 10/31/98.

VOTE: Passed 6-0.

RESOLUTION NO. 268 Motion by Gifford, Second by Bleiler.

RE: AUTHORIZE TRANSFER OF FUNDS - REAL PROPERTY TAX AGENCY

WHEREAS, one of the computer battery backup units in the Real Property Tax Agency has recently become inoperable, and

WHEREAS, it is not advisable to operate computer equipment without a battery backup.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $300 from account no. 1355.0438-Supplies to 1355.0207-Computer Equipment for the purchase of a new battery backup unit in the Real Property Tax Service Agency.

VOTE: Passed 6-0.

RESOLUTION NO. 269 Motion by Bleiler, Second by Gifford.

RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 1998 ELECTING A RETIREMENT INCENTIVE PROGRAM

WHEREAS, New York State has authorized a retirement incentive program by Chapter 41, Laws of 1998, and

WHEREAS, it is the recommendation of the Management and Finance Committee that this option be explored and a plan developed to demonstrate the required minimum 50% savings in the replacement employee=s base salary over the two year period following the retirement of eligible employees.

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro No. 3/Local Law No. of the year 1998 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 August 10, 1998 at 7:00 PM in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO NO. 3/LOCAL LAW NO. OF THE YEAR 1998

A Local Law electing a retirement incentive program as authorized by Chapter 41, Laws of 1998 for the eligible employees of the County of Schuyler.

BE IT ENACTED by the Legislature of the County of Schuyler as follows:

Section 1. The County of Schuyler hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 41, Laws of 1998.

Section 2. The commencement date of the retirement incentive program shall be October 5, 1998.

Section 3. The open period during which eligible employees may retire and receive the additional retirement benefit, shall be 88 days in length through December 31, 1998.

Section 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees= Retirement System, and it shall be paid by the County of Schuyler for each employee who receives the retirement benefits payable under this local law.

Section 5. This act shall take effect August 10, 1998.

VOTE: Passed 6-0.

RESOLUTION NO. 270 Motion by Bleiler, Second by Gifford.

RE: MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR

BE IT RESOLVED, that one (1) resolution be brought to the floor.

VOTE: Passed 6-0.

RESOLUTION NO. 271 Motion by Bleiler, Second by Gifford.

RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE MULTI-JURISDICTIONAL FUEL FACILITY PROJECT

WHEREAS, it is necessary to expedite the process for the construction of the Multi-Jurisdictional Fuel Facility now that the grant funds have been approved.

NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature, in conjunction with Hunt Engineers, be hereby authorized to advertise for bids for the construction of a Multi-Jurisdictional Fuel Facility as soon as the county has fulfilled its obligations to the NYS Office of Parks, Recreation and Historical Preservation regarding an archeological study.

VOTE: Passed 6-0.

UNFINISHED BUSINESS: None.

NEW BUSINESS:

Chairman Hastings reported that the New York Foundation of the Arts will be holding seminars for eligible fellowships. She suggests that if anyone would like to suggest someone for a fellowship they need to contact the 171 Cedar Arts Center.

Chairman Hastings handed out a mid-year committee attendance record. Legislator Larison has 100% attendance for the first six months of the year.

REPORT ON STANDING COMMITTEES:

Legislator Gifford reported on the Community Development & Natural Resources Committee. The Planning Commission is in favor of taking on the county=s comprehensive plan project.

Legislator Bleiler reported on the Management & Finance Committee. He thanked the Treasurer=s office for their effort in notifying people of their delinquent taxes. People are coming in to pay their overdue taxes. The JET Training process continues, the second workshop was on communications and the next one will be on managing change. He has received very positive feedback. The budget process has begun and the teams have formed. He is pleased that the process is off and running.

PUBLIC PARTICIPATION:

Lory Peck asked for a report on sales tax. Chairman Hastings said it is up 104% over last year. Lory asked what was estimated. Legislator Bleiler stated that a lot of it might have to do with the different approach to seasonal tickets sales at Watkins Glen Racetrack.

MOTION by Legislator Gifford to go into executive session to discuss a particular employee(s) work history, SECOND by Legislator Bleiler. Motion carried six ayes to zero noes.

MOTION by Legislator Gifford to come out of executive session, SECOND by Legislator Young. Motion carried six ayes to zero noes.

The Meeting adjourned at 9:22 p.m.

Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk

REGULAR MEETING
AUGUST 10, 1998

The August 10, 1998 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Hastings. The Pledge of Allegiance was led by Legislator Gifford and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.

PUBLIC PARTICIPATION:

Tom Ryan stated that around Schuyler County everyone knows about the Enhanced STAR program except for the younger people and they are entitled to 9% every year for the next three years. Mr. Ryan expressed his concern about young people being unable to get to the Real Property Tax Office to get the forms and he suggested that the legislative representative for each town and village take them to their respective towns and villages.

Casey Creamer stated that he is concerned about legislation that specifically helps one industry without helping the other industries or businesses. He feels that it is nice to help the dairy farmers but questioned who should decide which businesses to help and which ones to not help. Chairman Hastings reminde