ORGANIZATIONAL MEETING
JANUARY 4, 1999

The January 4, 1999 Organizational Meeting of the Schuyler County Legislature was called to order by Gail M. Willis at 4:30 p.m.

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

PUBLIC PARTICIPATION:

Hazel Shader read aloud a statement. She reflected on what has happened in 1998 that will affect 1999, such as the increase in sales tax, the removal of clothing tax and the staggered terms for the Legislators. She also asked that the Legislators listen to the constituents when it comes to the County Administrator position. She requested that the Legislature pass a resolution within the year to limit the amount of people that would live in the county. There are too many people crowding this area. She would also like a resolution forwarded to Amory Houghton and Senator Moynihan stating that anyone interested in running for the Legislature would devote two-thirds of their time to attending meetings. She asked that the appointment of the Chairman today include weighing the pros and cons of the position. There should be no conflict of interest with other boards, does the person work well with others, has the person been involved in hiring or firing, have they dealt with a large sum of money and have they sat in on negotiations. Whoever becomes Chairman, let's work together for the benefit of the County.

Tom Ryan stated that the Chairman is a very important position. It is almost a full-time job. The person has to put the time in and keep the budget down.

Casey Creamer said he would still like to see the Legislators agree upon what a Legislator's job description is. If someone is interested in the position, they should be told what it involves first with a description. How can the Legislature talk about a County Administrator if they do not have a clear idea of what it entails.

Gail M. Willis, acting as Temporary Chairman, asked for nominations from the floor for Chairman to the Schuyler County Legislature for the year 1999. Patricia L. Hastings nominated Thomas M. Gifford, seconded by Doris L. Karius. There being no further nominations, Ms. Willis asked for a motion to close the nominations.

RESOLUTION NO. 1 Motion by Little, Second by Karius.
    RE: CLOSE NOMINATIONS - 1999 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that nominations for the 1999 Chairperson of the Schuyler County Legislature be closed.

VOTE: Passed 8-0.

DISCUSSION: Legislator Hastings thanked the Legislators and the County Attorney for a tedious job. She wished Chairman Gifford well and encouraged the Legislators to work with him as Chair. The Chair needs to know what is going on so that he/she can coordinate with everyone. She hopes this year is easier for all. She feels the learning curve is about to end. She has been here nine years and admits she does not know it all. Legislator Bleiler said he pledges his commitment to the new Chair. He will have more time now and is looking forward to this new year. Chairman Gifford thanked them all for their support.

RESOLUTION NO. 2 Motion by Little, Second by Karius.
    RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1999
BE IT RESOLVED, that Thomas M. Gifford be Chairperson of the Schuyler County Legislature for the year 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 3 Motion by Little, Second by Bleiler.
    RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 1999
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 1999, as follows:

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

VOTE: Passed 8-0.

RESOLUTION NO. 4 Motion by Little, Second by Karius.
    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. 5 Motion by Karius, Second by Young.

    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 $4,000,000.00

MARINE MIDLAND BANK, N.A.
Watkins Glen Office
Franklin at Eight Street
Watkins Glen, NY 14891 $4,000,000.00

CHEMUNG CANAL TRUST COMPANY
Montour Falls or Watkins Glen Office
303 W. Main Street
Montour Falls, NY 14865 $4,000,000.00

TOMPKINS COUNTY TRUST COMPANY
Main Street
Odessa, NY 14869 $4,000,000.00

BATH NATIONAL BANK
So. Franklin Street
P&C Plaza
Watkins Glen, NY 14891 $4,000,000.00

VOTE: Passed 7-0. Abstain: Gifford.

RESOLUTION NO. 6 Motion by Hastings, Second by Marvel.

    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. 7 Motion by Karius, Second by Hastings.

    RE: APPOINTMENT - BUDGET OFFICER FOR 1999

BE IT RESOLVED, that Nancy A. Peters be appointed Budget Officer for the year 1999 with an annual stipend of $1,000.

VOTE: Passed 8-0.

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

    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 1999.

VOTE: Passed 8-0.

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

    RE: APPOINTMENT - CHIEF CORONER FOR 1999
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 1999, 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. 10 Motion by Little, Second by Young.

    RE: APPOINTMENT - HISTORIAN AND DEPUTY HISTORIAN
BE IT RESOLVED, that Barbara Bell be appointed as County Historian and Louise Stillman as Deputy Historian for the year 1999.

VOTE: Passed 8-0.

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

    RE: ADOPT SCHEDULE OF SALARIES FOR 1999
BE IT RESOLVED, that the Schedule of Salaries for 1999, as attached hereto, be adopted, effective January 1, 1999, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the county employees according to the 1999 Salary Schedule.

VOTE: Passed 8-0.

PUBLIC PARTICIPATION:

Tom Ryan congratulated Chairman Gifford and told him he has a big job ahead of him.

The meeting adjourned at 4:50 p.m.

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

REGULAR MEETING
JANUARY 11, 1999

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

PUBLIC PARTICIPATION:

Tom Ryan asked how many bids were sent out and received on Resolution No. 13. Greg Mathews, Highway Superintendent, explained that there are agreements with two engineering firms. He solicits quotes from them on designs and awards the lowest quote. These are contracts for professional services and do not require bids. The two firms are Labella Associates and Hunt Engineers. Tom asked if he ever considered using others. Greg said that it just so happens that he has another firm that has contacted him and he will be looking into this further.

Casey Creamer asked who would be on the standing committees for this year. Chairman Gifford stated that Legislator Hastings will be taking Ernie Thurston's place and Legislator Marvel will be taking his place.

Paul Fitzsimmons from Hector questioned the persistence of the Legislature in continuing to bring the County Administrator position to the table for discussion.

RESOLUTION NO. 12 Motion by Hastings, Second by Young.

    RE: APPROVE MINUTES OF THE DECEMBER 10, 1998 PUBLIC HEARING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the December 10, 1998 Public Hearing of the Schuyler County Legislature be approved.

VOTE: Passed 7-0.

RESOLUTION NO. 13 Motion by Bleiler, Second by Marvel.

    RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS FOR COUNTY ROADS 13 AND 19 BRIDGE DESIGN

WHEREAS, the County Highway Superintendent and the Public Works Committee have discussed bridge replacement for 1999, and

WHEREAS, Hunt Engineering has submitted a proposal for the design of County Road 13 Bridge and County Road 19 Bridge.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to retain Hunt Engineers and Architects for engineering services for the County Road 13 Bridge BIN #3332300 over Banfield Creek, Town of Cayuta, and the County Road 19 Bridge over Falls Creek, Town of Dix, for a contract sum of $28,000; contract subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 14 Motion by Bleiler, Second by Marvel.

    RE: AUTHORIZE VILLAGE OF WATKINS GLEN UTILITY EASEMENT

WHEREAS, the County owns and operates Seneca Harbor Park in the Village of Watkins Glen, and

WHEREAS, the Village of Watkins Glen operates the municipal electric system, and

WHEREAS, a permanent utility easement to provide utility access over and under county lands is required to supply utilities to various activities.

NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler grants to the Village of Watkins Glen a utility easement in the form hereunto annexed, and

BE IT FURTHER RESOLVED, that a certified copy hereof be filed with the Schuyler County Clerk’s Office upon execution and that the original be forwarded to the Village Clerk, Village of Watkins Glen, New York forthwith.

VOTE: Passed 7-0.

RESOLUTION NO. 15 Motion by Bleiler, Second by Marvel.

    RE: AUTHORIZE SUBMISSION OF SCHUYLER COUNTY APPLICATIONS FOR FY99 HUD SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANTS (INCLUDING THE CANAL CORRIDOR INITIATIVE), INCLUDING SUBMISSION OF AN ABBREVIATED CONSOLIDATED PLAN FOR SCHUYLER COUNTY

WHEREAS, Schuyler County is considering the preparation and submission of applications under the FY99 HUD Small Cities Community Development Block Grant (CDBG) Program (including the Canal Corridor Initiative), and

WHEREAS, an Abbreviated Consolidated Plan for Schuyler County, describing community development needs, resources and activities, will be prepared which supports these applications, and

WHEREAS, two public hearings are required to be held to gather citizen input on the Abbreviated Consolidated Plan and the county's grant applications.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to prepare and submit the Abbreviated Consolidated Plan and the FY99 HUD applications as described above, and

BE IT FURTHER RESOLVED, that the Legislature hereby sets the dates for the required public hearings as follows:

January 19, 1999 at 6:30 P.M. in the Rural Urban Center Auditorium
February 1, 1999 at 6:30 P.M. in the Rural Urban Center Auditorium

VOTE: Passed 7-0.

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

    RE: AUTHORIZE APPOINTMENTS - VARIOUS COMMITTEES AND BOARDS

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointments of Jerold Marvel, Patricia Hastings and Thomas Gifford to the following Committees and Boards effective immediately and terminating December 31, 1999 to fill the vacancies created by the resignation of Ernest Thurston and the changes created by the election of Thomas Gifford as Chairman:

Jerold Marvel (replace Gifford)
Advisory Committee on Management Position
Auditing Committee
Chamber of Commerce Board
Finger Lakes Association Board
Office for the Aging Advisory Council
Schuyler County Industrial Development Agency

SCOPED
Southern Tier Central Regional Planning & Development Board (replace Gifford)
Patricia Hastings (replace Thurston)
Auditing Committee
Bargaining Unit for Sheriff's Association
Criminal Justice Advisory Council
Emergency Medical and Highway Safety Committee
Fire Safety Advisory Board
Labor/Management Committee
Local Emergency Planning Committee
Soil and Water Conservation Board

Thomas Gifford (as Chairman)
Advisory Committee on Management Position
Bargaining Unit for all three (3) unions
Auditing Committee
Criminal Justice Advisory Council
Emergency Medical and Highway Safety Committee
Jury Board
Labor/Management Committee
Professional Advisory Council
Office for the Aging Advisory Council
Records Management Advisory Board
SCOPED
Southern Tier Central Regional Planning & Development Board

DISCUSSION: Legislator Hastings said she feels bad that she was not placed on the Advisory Committee on Management Position. She is a senior Legislator and feels she has a lot of knowledge to share. She asked that the Legislators please take this under consideration. Chairman Gifford explained that he is replacing Legislator Hastings as Chairman and that Legislator Marvel is to take his place. Legislator Hastings stated that the committee was formed while she was Chairman and it should remain the same. She then withdrew her motion since no one seconded her request. Legislator Karius feels that maybe a new face on the committee would be better. Chairman Gifford explained to Legislator Hastings that she is welcome to attend the meetings and then thanked her for her input and for taking the initiative to create the committee.

VOTE: Passed 7-0.

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

    RE: A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $498,493 BONDS OF THE COUNTY OF SCHUYLER, NEW YORK, TO PAY THE COSTS OF THE PURCHASE OF VARIOUS VEHICLES, EQUIPMENT, MACHINERY, APPARATUS AND FURNISHINGS REQUIRED FOR THE PURPOSES OF SUCH COUNTY

BE IT RESOLVED, by the County Legislature of the County of Schuyler, New York, as follows:

Section 1. The following purposes are hereby authorized in and for the County of Schuyler, New York:

• The purchase of new police car(s) to replace a similar vehicle in service for one year or more, at a maximum estimated cost of $43,000, it being hereby determined that the same constitutes a specific object or purpose having a period of probable usefulness of three years, pursuant to subdivision 77(1st) of paragraph a of Section 11.00 of the Local Finance Law;
• The purpose of a material spreader, at a maximum estimated cost of $10,375, it being hereby determined that the same constitutes a specific object or purpose having a period of probable usefulness of five years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law;
• The purchase of trucks, at a maximum estimated cost of $76,000, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of five years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law;
• The purchase of equipment, machinery, apparatus and furnishings, at a maximum estimated cost of $93,118, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law;
• The purchase and installation of radio communication equipment for police, fire and emergency purposes, at a maximum estimated cost of $236,000, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of ten years, pursuant to subdivision 25 of paragraph a of Section 11.00 of the Local Finance Law;
• The purchase of a generator, at a maximum estimated cost of $40,000, it being hereby determined that the same constitutes a specific object or purpose having a period of probable usefulness of fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law.

Section 2. It is hereby determined that the total of the aforesaid maximum estimated costs is $498,493,

and that the plan for the financing thereof is by the issuance of $498,493 bonds of said County hereby authorized to be issued therefor pursuant to the Local Finance Law; provided, however, that such $498,493 bonds shall be allocated as per the maximum estimated costs set forth above.

Section 3. The power to appropriate 1999 fund balances to defray the aforesaid maximum estimated

costs, including the power to redeem any or all obligations issued pursuant to the resolution from such 1999 fund balances, is hereby delegated to the County Treasurer.

Section 4. 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 5. All other matters except as provided herein relating to the bond 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 provision of the Local Finance Law.

Section 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of

and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law.

Section 7. The validity of such bonds and bond anticipation notes may be contested only if:

• Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or
• 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
• Such obligations are authorized in violation of the provisions of the Constitutions.

Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section 9. This resolution 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. 18 Motion by Karius, Second by Larison.

    RE: ADOPT INVESTMENT POLICY FOR THE COUNTY OF SCHUYLER AS AMENDED

WHEREAS, the County Treasurer has presented a revised Investment Policy for Schuyler County for review and approval.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the attached Investment Policy for the County of Schuyler as Amended.

VOTE: Passed 6-0. Abstain: Gifford.

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

    RE: AUTHORIZE ONE (1) RESOLUTION BE BROUGHT TO THE FLOOR

BE IT RESOLVED, that one (1) resolution be brought to the floor.

VOTE: Passed 7-0.

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

    RE: AUTHORIZE CORRECTED 1997 TAX ROLL - TOWN OF HECTOR

WHEREAS, the Assessor in the Town of Hector has certified that parcel 5.-1-21.115, owned by Namgyal Monastery, should have been exempt on the 1997 County Tax Roll, and

WHEREAS, failure to exempt the property from county taxes constitutes a clerical error as defined by Real Property Tax Law Section 550(2), and

WHEREAS, it is the recommendation of the Real Property Tax Director that the 1997 Town and County tax in the amount of $147.85 be forgiven.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer is hereby authorized to cancel the 1997 county tax in the amount of $88.79 (plus interest in the amount of $33.08), and charge back the Town of Hector in the amount of $25.98 for the aforementioned parcel.

VOTE: Passed 7-0.

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

    RE: AMEND RESOLUTION NO. 458-98 AUTHORIZE CREATION OF ADVISORY COMMITTEE FOR MANAGEMENT POSITION

WHEREAS, Resolution No. 458-98 erroneously stated that five members would be appointed to the committee and it should have read six with two ex-officio members.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 458-98 be amended to reflect the aforementioned change in membership.

DISCUSSION: Legislator Larison asked that Resolution No. 458-98 be amended to reflect the fact that six members were appointed and the Resolution stated that five were to be appointed.

VOTE: Passed 7-0.

REPORT ON STANDING COMMITTEE:

Legislator Young reported on the Human Services Committee. She reported that the next Youth Board meeting will be at 4:00 p.m. on January 14, 1999. She also said that the Center for Governmental Research (CGR) report on Family and Children Services is being offered to the people on the Youth Board for their input. The report should have a great deal of impact on the Human Services Committees. She has the input on the report from the Youth Services Planner and the Commissioner of Social Services. There is a lot to be considered.

Legislator Bleiler reported on the Management and Finance Committee. The next management training is scheduled for January 29, 1999. He also reported that he will be holding a budget process review on Tuesday, January 26, 1999 to look at how the Legislature arrived at a budget this last year and what they did right and wrong. He will also be meeting with Committee Chairs and department heads to discuss 1999 goals for each department. Legislator Larison reported on the Governmental Operations Committee. He will be holding his committee this month early because he is taking a vacation the last two weeks of the month. It is scheduled for Wednesday, January 13, 1999 at 4:00 p.m. They will discuss the new Clerk in the Board of Elections Office and find out how training is coming. He will also be presenting the previous Clerk, Sally Michel, with a Certificate of Recognition for her eleven years of service.

Legislator Marvel stated that he will be making an effort to attend every committee meeting so that he can get a feel for things and gain some understanding.

UNFINISHED BUSINESS:

Legislator Bleiler said he would like to respond to Paul Fitzsimmons's comment during public participation. He agrees that the County Administrator is a very controversial position. He has not supported it, and is not entirely opposed to the position, but opposed because of the fact that the people turned it down. At this time there is an ad hoc committee to work on a job description. He wants to learn all that he can and try to figure out what the cost savings would be. He still can not support a resolution at this time. He would be happy to discuss this issue anytime.

Legislator Young feels they should not start out with a discussion about a job description when the position has not been approved. She would like to know if it has been cost effective in other counties. She feels they need a four-year base line study comparing revenues to debt ratios.

NEW BUSINESS:

Chairman Gifford explained that there is a problem with the contract for solid waste/recycling with Cornell Cooperative Extension for 1999. The County Attorney will not approve the contract with the indemnification clause included. Attorney Coleman stated that the County should not indemnify. In this instance, the county went out of its way to accommodate. The Clerk of the Legislature found an insurance company that would give the county a rider for this. That should have been the end of it. The contract came to the County Attorney's Office with the clause included. Legislator Bleiler asked if the County Attorney had called Cooperative Extension on the matter at hand. Attorney Coleman said he did not. Legislator Young feels that Cooperative Extension's insurance company seems to be the problem. Attorney Coleman explained that he has approved the contract by crossing out the paragraph. Chairman Gifford said he has no problem signing the contract the way it is without the Attorney's approval as done so in the past. Legislator Bleiler suggested that someone contact Charlie Fausold to make sure it was his intention to leave the paragraph in. Legislator Hastings said that perhaps it is time the county start looking at other options for these services. She feels this issue should be routed back to committee. Chairman Gifford feels it should be clarified with Cooperative Extension on the language of the contract and if it cannot be resolved, then to refer back to committee. This was the consensus of the Legislature.

PUBLIC PARTICIPATION:

Casey Creamer commented on the appointments of the Advisory Committee on Management Position. He feels it is a better idea to have newer faces on the committee. Legislator Hastings knows all she needs to know, perhaps other folks need to learn. Legislator Larison explained the charge of the committee as set forth in the resolution. Casey asked if the people that are on the Advisory Committee support the position. Chairman Gifford explained that its purpose is to assume the Legislature approves an administrator. The position has not been voted on. This committee is to put together a job description and address concerns of people outside of the Legislature. Legislator Hastings added that she tried her best to appoint people from both sides of the issue.

Tom Ryan asked when the Advisory Committee on Management Position will be meeting. Chairman Gifford said they will meet for approximately five weeks on Tuesdays and Thursdays at 8:00 a.m.

The meeting adjourned 7:22 p.m.

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

PUBLIC HEARING
JANUARY 19, 1999

The Public Hearing on the FY99 Small Cities Community Development Block Grant (CDBG) program which includes round two of the Canal Corridor Initiative was called to order at 6:30 p.m. by Chairman Gifford. All Legislators were present except Legislator Larison who was excused and Legislator Karius who was absent. John Czamanske, Schuyler County's Planner, Susan Payne, Director of SCOPED, Margaret Cook, President, Chamber of Commerce and Kurt Ripley from Community Progress Incorporated were also present.

John Czamanske stated that the focus of this public hearing is the FY99 Small Cities Community Development Block Grant (CDBG) program, which includes round two of the Canal Corridor Initiative. In late November 1998, the Department of Housing and Urban Development (HUD) announced that approximately $55 million dollars in Small Cities Community Development Block Grant funding would be made available for small communities in New York State through a competitive application process. In addition, approximately $200 to $250 million dollars will be available through the Section 108 Loan program. All New York State communities of 50,000 or less in population are eligible to apply, individually or jointly. All applications must be accompanied by an abbreviated consolidated plan describing community development needs and objectives.

As stated in the official Notices of Funding Availability, 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."

For the FY99 CDBG competition, there are essentially two concurrent application processes: one for the regular CDBG program with a deadline of 2/8/99, and another for the Canal Corridor Initiative (CCI) with a deadline of 2/3/99. For the regular CDBG program, the maximum request is 600K for a county and 400K for a town or village. For the CCI program, the maximum request is 300K for all applicants. Communities can apply to both. The purpose of this public hearing is to provide a brief description of the funding availability, seek comment on county community development needs and objectives, and to identify potential project proposals. Following this public hearing, the Schuyler County Legislature will work with its planning and economic development agencies to select the most viable proposals and develop draft applications (one CDBG, another for CCI), together with a revised abbreviated consolidated plan. The second public hearing, which is scheduled for February 1, 1999 at 6:30 p.m. will provide an opportunity for public comment on the draft applications.

In addition, it has been proposed by Sheen Housing, a regional housing agency, that Schuyler County resubmit last year's unsuccessful CDBG housing application on behalf of the three benefitted towns (Tyrone, Catharine and Hector). If awarded, the funds would be directed to the towns (not the county) and would be administered by Sheen Housing.

Ben Dickens from the Town of Hector asked John Czamanske what was needed from the town in order to resubmit last year's unsuccessful CDBG housing application. John said he would research the issue more and let him know. The County has never submitted applications on behalf of the towns before.

Susan Payne, Director of SCOPED, stated that she has two proposals, one under the Canal Corridor Initiative and one under the Small Cities CDBG. The CCI project is for economic development and is a high priority. It is for funding the development of a hotel on Mr. Peter Krog's property in Watkins Glen. It would be partial funding for the improvement of waterfront property. It would mean additional lodging for the area. The County has 1.5 million people visiting our area each year and it loses money because they are not able to spend the night in the County. This proposal does meet the qualifications. She would like the County to consider this proposal for $300,000. Legislator Bleiler asked if the present hotel owners welcome or fear the competition. Margaret Cook, President of the Chamber of Commerce, stated that there is enough business to go around and competition is a good thing. Susan explained that there would be about fifteen on-site jobs and approximately thirty within the year, not including those involved with the construction. This will be about a $300,000 grant for a $3.3 million dollar job. A large hotel is the missing key for tourism in this County. It will hold approximately sixty-four rooms.

Legislator Marvel said he will support this proposal. A standardized large hotel would work with motor coach alone without tourism and the track.

Susan stated that the other proposal is under HUD Small Cities Grant also. She would like to propose a multipurpose facility to house four things: a visitor information center, a large screen destination theater, food services, and an exhibition area to exhibit all of our tourism destinations such as wineries, the Farm Sanctuary and the War Plane Museum. The County needs year round tourist destinations. A company called IMAX is interested in making a film on the Finger Lakes region. They wish to locate a theater as the primary site for the film and they have recommended that Watkins Glen be the site for such facility. This theater would also show rotating films shown all over the country. The film on the Finger Lakes would be shown throughout the world. This would not be competition for the existing movie theater in Watkins Glen. It is more educational and documentary based.

Legislator Young asked if both projects would be threatened if the grant money was not awarded. Susan said that both would be greatly affected.

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

Stacy B. Husted, Deputy Clerk

PUBLIC HEARING
FEBRUARY 1, 1999

The second Public Hearing on the FY99 Small Cities Community Development Block Grant (CDBG) program which includes round two of the Canal Corridor Initiative was called to order at 6:30 p.m. by Acting Chairman Hastings. All Legislators were present except Legislators Gifford and Karius who were excused. John Czamanske, Schuyler County's Planner, Glenda Gephart, Joe Rooney, Joe Fazzary, and Shirley Salvador were also present.

John Czamanske opened the meeting by reviewing what was discussed at the first public hearing held January 19, 1999 for those who were not present at that hearing.

Joe Rooney asked John if there was a site proposed for the IMAX Theater. John said no, however, the World Media Partners has completed a market analysis and study to determine where the theater should be located. They have selected Watkins Glen. Mr. Rooney asked if any letters of support had been written to go along with the application. John read a number of companies and agencies that had given him letters. Mr. Rooney recommended that John ask the State Park, the State Office of Tourism and Watkins Glen International for letters of support, and he also volunteered to write a letter of support from the Village of Watkins Glen Planning Commission.

John informed everyone that the application deadline is Wednesday, February 3, 1999.

The Public Hearing adjourned at 7:10 p.m.

Stacy B. Husted, Deputy Clerk

REGULAR MEETING
FEBRUARY 8, 1999

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

PUBLIC PARTICIPATION:

Casey Creamer asked about Resolution No. 26 and why there was a need for a new file cabinet in the Board of Elections. Legislator Larison explained that this cabinet would make things more efficient.

Tom Ryan asked that the bonding be clarified in the budget so everyone can see what is being purchased.

Casey Creamer asked if the Legislators have done a job description for themselves yet. Chairman Gifford said no they have not. Legislator Bleiler explained that they are currently working on goals. The goals reflect what it is they want to accomplish, that should explain what their job is. County Attorney Coleman suggested that a job description can not be written, anymore than for any other body, such as Congress and the New York State Assembly. The Legislators attend to the property and affairs of the municipal body they represent and everything else.

    RESOLUTION NO. 22 Motion by Hastings, Second by Little.

RE: APPROVE MINUTES OF THE DECEMBER 14, 1998 REGULAR MEETING, DECEMBER 18, 1998 SPECIAL MEETING, DECEMBER 28, 1998 YEAR END MEETING, JANUARY 4, 1999 ORGANIZATIONAL MEETING, JANUARY 11, 1999 REGULAR MEETING, JANUARY 19, 1999 PUBLIC HEARING AND FEBRUARY 1, 1999 PUBLIC HEARING MINUTES OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the December 14, 1998 Regular Meeting, December 18, 1998 Special Meeting, December 28, 1998 Year End Meeting, January 4, 1999 Organizational Meeting, January 11, 1999 Regular Meeting, January 19, 1999 Public Hearing and February 1, 1999 Public Hearing minutes of the Schuyler County Legislature be approved.

VOTE: Passed 8-0.

RESOLUTION NO. 23 Motion by Little, Second by Larison.

    RE: AMEND RESOLUTION NO. 458-98/AUTHORIZE CREATION OF ADVISORY COMMITTEE FOR MANAGEMENT POSITION

WHEREAS, Resolution No. 458-98 created the Advisory Committee for Management Committee and included in their charge interviewing responsibilities, and

WHEREAS, the Advisory Committee for Management Position recommends removing that responsibility from their charge.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 458-98 be amended to remove the interviewing responsibility from the Advisory Committee for Management Position.

VOTE: Passed 8-0.

RESOLUTION NO. 24 Motion by Little, Second by Larison.

    RE: AUTHORIZE CONTRACT WITH SALLY MICHEL FOR BOARD OF ELECTIONS CONSULTANT SERVICES

WHEREAS, the Board of Elections Commissioners recommends a training period for the new Clerk of Board of Elections to meet some requirements for that office.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Sally Michel for Board of Elections Consultant Services for the period commencing January 4, 1999 for four weeks, two hours a day at an hourly rate of $11.44 an hour, at a cost not to exceed $460.00; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 25 Motion by Little, Second by Larison.

    RE: AUTHORIZE PETTY CASH FUND FOR THE DEPARTMENT OF MOTOR VEHICLES - COUNTY CLERK

WHEREAS, the Department of Motor Vehicles (DMV) has just recently moved their location away from the County Clerk's Office and is in need of a petty cash fund in order to dispense change to their customers.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to establish a petty cash fund for the Department of Motor Vehicles in the amount of $100.00, effective immediately.

VOTE: Passed 8-0.

RESOLUTION NO. 26 Motion by Larison, Second by Marvel.

    RE: AUTHORIZE PURCHASE OF A NEW FILE CABINET AND TRANSFER OF FUNDS - BOARD OF ELECTIONS

WHEREAS, there is a need for a new file cabinet to store election cards in the Board of Elections, and

WHEREAS, there is no money available in the 1999 budget for such an expense.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $763.00 from Contingency account no. 1990.500 to the Board of Elections account no. 1450.212 for the aforementioned purchase.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR THE HIGHWAY DEPARTMENT FOR 1999

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

NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for materials and supplies for 1999 and/or participate with the State of New York in its bids, and

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

VOTE: Passed 8-0.

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

    RE: ACCEPT PROPOSAL FROM AMERICAN RED CROSS FOR FIRST AID TRAINING - HIGHWAY DEPARTMENT

WHEREAS, the County Highway Superintendent and the Public Works Committee has recommended that the American Red Cross do first aid training that is required by OSHA, and

WHEREAS, the proposal has been approved by the County Attorney.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the provider agreement as the provider representative to allow the American Red Cross to provide the training required at an approximate cost of $300.

VOTE: Passed 8-0.

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

    RE: ACCEPT/REJECT BIDS FOR RUC DUCT WORK PROJECT

WHEREAS, the County has advertised for bids for Duct Work at the Rural Urban Center, and

WHEREAS, ten bids were submitted and reviewed, with recommendation for acceptance and rejection being made by the Building Maintenance Supervisor and Hunt Engineers as set forth below.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the following bid with alternate for Duct Work at the Rural Urban Center:

Airtech Heating and Air Conditioning Systems, Inc.
106 Metropolitan Park Drive, Liverpool, New York 13088
$38,700.00 base bid plus $1,250 alternate, and

BE IT FURTHER RESOLVED, the following bids be rejected:

Sure Temp Co., Inc. J&J Sheet Metal Works, Inc.
43 Lake Avenue 414 Commerce Road, P.O. Box 66
Binghamton, NY 13905 Vestal, NY 13850
+Base Bid: $27,488.57 w/ Alternate of $1,200 Base Bid: $45,800.00 w/ Alternate of $2,400
Note: Bid Bond Not Submitted

Southern Tier Custom Fabricators, Inc. Lewis & Mooney Company, Inc.
215 Lenox Avenue 2618 Lyons Road, Route 14N, P.O. Box 407
Elmira Heights, NY 14903 Geneva, NY 14456
Base Bid: $39,990.00 w/ Alternate of $2,970 Base Bid: $52,200.00 w/ Alternate of $1,850

Faulks Plumbing, Heating & AC, Inc. Postler & Jaeckle Corp.
18 Fireweek Trailc. 615 South Avenue
Hilton, NY 14468 Rochester, NY 14620
Base Bid: $78,670.00 w/ Alternate of $1,180 Base Bid: $48,875.00 w/ Alternate of $4,270

Finger Lakes Piping, Inc. Collins & Walton, Inc.
154 Lenox Road 1525 Lake Street
Geneva, NY 14456 Elmira, NY 14901
Base Bid: $47,800.00 w/ Alternate of $2,000 Base Bid: $54,940.00 w/ Alternate of $1,600

Nestor's Service Center
R.R. #7, Box 302
Wellsboro, PA 16901
Base Bid: $68,000.00 w/ Alternate of $1,500

VOTE: Passed 8-0.

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

    RE: APPOINTMENT - SCHUYLER COUNTY PLANNING COMMISSION

BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Sharon Wiedemer to the Schuyler County Planning Commission to represent the Village of Montour Falls effective immediately with an ending term of 12/31/2000.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE THE FILLING OF TWO REGISTERED NURSE POSITIONS - PUBLIC HEALTH

WHEREAS, two Public Health Nurse vacancies exist in the Schuyler County Public Health Department, and

WHEREAS, during 1998 there was an extensive search done in attempts to fill one of the vacancies, to no avail, and

WHEREAS, it is possible to hire a Registered Nurse to work under the direction of a Public Health Nurse, and

WHEREAS, the need exists for filling these positions, and there is adequate funding in the departmental budget to cover these positions.

NOW, THEREFORE, BE IT RESOLVED, that the Public Health Director be authorized to fill, during the year 1999, the two nurse vacancies with either a Public Health Nurse at a 1999 hourly rate of $15.10, or a Registered Nurse at a 1999 hourly rate of $13.40, whichever can be recruited, effective immediately.

VOTE: Passed 8-0.

RESOLUTION NO. 32 Motion by Karius, Second by Marvel.

    RE: AUTHORIZE THE CREATION AND FILLING OF A SENIOR PROFESSIONAL REGISTERED NURSE POSITION - PUBLIC HEALTH

WHEREAS, there is a need for additional supervision of nursing and aide staff in the absence of the Director of Patient Services/Supervising Public Health Nurse, and

WHEREAS, along with maintaining a nursing caseload, this individual would assist the Director of Patient Services/Supervising Public Health Nurse with items such as assigning referrals, supervision of nurses and aides, coordinate some services, etc., and

WHEREAS, this position is budgeted for in the 1999 County Budget.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health be authorized to create and fill the Senior Registered Nurse position, Grade Level XXIV, at an hourly rate of $13.78, effective immediately.

DISCUSSION: Legislator Young asked why the County is paying an hourly rate of $35 when the County nurses only receive $15 an hour. Duane Spilde, Director of Public Health, explained that the consultants do not receive benefits, therefore they charge a higher rate. There is also not enough work for full-time positions in-house. The County has done an extensive search for employees and have had not a lot of response due to the rate of pay. The County has always had a hard time getting competitive wages. Legislator Hastings requested that Mr. Spilde contact the Personnel Office and re-evaluate the situation. Mr. Spilde said he is already in the process of doing just that.

VOTE: Passed 8-0.

RESOLUTION NO. 33 Motion by Karius, Second by Marvel.

    RE: AUTHORIZE THE CREATION AND FILLING OF A CLINIC COORDINATOR POSITION - MENTAL HEALTH

WHEREAS, notification has been received by the Director of Community Services that the Supervising Social Worker will be resigning effective 2/28/99, and

WHEREAS, it is desirous to create a Clinic Coordinator to handle the day to day clinic activities/operations of the clinic i.e., handling crisis calls, assigning referrals, coordinate therapist's schedules, setting up and coordinating certain meetings, etc. which the Supervising Social Worker is currently handling, and

WHEREAS, this position is budgeted for in the 1999 County Budget, and

WHEREAS, it is the intention to abolish the Assistant Psychologist position once permanent status in the new position is acquired.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the creation of a Clinic Coordinator Position in the Mental Health Clinic, Grade 29, at an hourly rate of $17.73, and

BE IT FURTHER RESOLVED, that the Director of Community Services be authorized to fill said position immediately, and

BE IT FURTHER RESOLVED, that the Assistant Psychologist position in the Mental Health Clinic be abolished once permanent status in the new position is acquired.

VOTE: Passed 8-0.

RESOLUTION NO. 34 Motion by Karius, Second by Marvel.

    RE: SET SALARY OF STAFF PSYCHIATRIST POSITION - MENTAL HEALTH

WHEREAS, this Legislature authorized the creation of a Staff Psychiatrist per Resolution No. 398-98, and,

WHEREAS, this position is budgeted for in the 1999 County Budget.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby set the annual salary for Staff Psychiatrist in the Mental Health Clinic at $100,000.

DISCUSSION: Legislator Young asked how much local share would be spent on this position. Duane Spilde, Director of Community Services, explained that it is 100% State reimbursement and that he will be subcontracting this position out to other agencies for revenue. Legislator Young asked how this would affect Medicaid. Mr. Spilde said that they would try to keep it at a minimum, however, the County has never had a full-time psychiatrist. He feels this is a great opportunity for the County.

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

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

    RE: APPOINTMENT - HEALTH SERVICES ADVISORY COMMITTEE AND PROFESSIONAL ADVISORY COMMITTEE - PUBLIC HEALTH

WHEREAS, the Department of Health requires the Director of Patient Services to participate on the Health Services Advisory Committee, and

WHEREAS, the Department of Health also strongly suggests that a Registered Nurse be a member of the Professional Advisory Committee.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature appoints Marcia Kasprzyk, Director of Patient Services/Supervising Public Health Nurse to the Health Services Advisory Committee, effective immediately with the term ending December 31, 2003 and the Professional Advisory Committee, effective immediately with the term ending December 31, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 36 Motion by Little, Second Marvel.

    RE: AUTHORIZE OUT OF STATE TRAVEL FOR JANET MEANEY - MENTAL HEALTH

WHEREAS, an employee is requesting to attend a conference out of state, which is not available within NYS, and

WHEREAS, the employee is requesting reimbursement for only the registration fee for the conference, with the remaining expenses to be paid for by the employee, and

WHEREAS, it is desirous to approve this employee's attendance at the conference.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the reimbursement of the registration fee and out-of-state travel for Janet Meaney to attend the Psychology Consciousness Conference being held in South Carolina from March 8-14, 1999. It is understood there will be no additional cost to the County for the expense of this trip.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE OUT OF STATE TRAVEL FOR DUANE SPILDE - MENTAL HEALTH

WHEREAS, the Director of Community Services/Director of Public Health has received from the Governor's Office of New Jersey notification of a conference relating to Coordination of Children and Youth and Family Services, being held in New Jersey, and

WHEREAS, the employee is requesting reimbursement for expenses incurred for this conference.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the Director of Public Health/Director of Community Services request to travel out-of-state to attend the Children & Families conference in New Jersey. It is understood there are funds in the 1999 budget to cover this expense.

VOTE: Passed 8-0.

RESOLUTION NO. 38 Motion by Hastings, Second by Little.

    RE: AUTHORIZE CONTRACT WITH GIVE ME A SIGN INTERPRETING SERVICES FOR THE DEAF AND HARD OF HEARING - PUBLIC HEALTH

WHEREAS, the Home Health Agency needs to contract with an interpreting service, and

WHEREAS, Give Me A Sign Interpreting Service for the Deaf and Hard-of-Hearing will provide these services at a rate of $35.00 per hour.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Give Me A Sign Interpreting Service for the Deaf and Hard-of-Hearing, effective November 15, 1998 through December 31, 1999, for the provision of Interpreting Services; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 39 Motion by Hastings, Second by Little.

    RE: AMEND 1998 AGREEMENTS WITH FLACRA AND THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES, INC. - MENTAL HEALTH

WHEREAS, additional funding has been approved for the Finger Lakes Additions Counseling and Referral Agency and the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc., and the following agreement and budget modifications are required for the 1998 County budget.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services is hereby authorized to execute an amendment to the 1998 agreements with Finger Lakes Addictions Counseling and Referral Agency, Inc. and Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes Inc., for the amount outlined below, and

BE IT FURTHER RESOLVED, that the Chairman of this Legislature be authorized to approve such amended agreements, subject to approval by 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
State Funds 4322-3490 $12,433
EXPENSES
Finger Lakes Alcoholism Counseling & Referral Agency 4322.336 $ 3,933
Council on Alcoholism & Other Chemical Dependencies 4322.550 $ 8,500
of the Finger Lakes, Inc.

VOTE: Passed 8-0.

RESOLUTION NO. 40 Motion by Hastings, Second by Little.

    RE: RESOLUTION REQUESTING A $MART REVIEW

WHEREAS, State Comptroller H. Carl McCall has instituted a program called $MART Reviews, and

WHEREAS, a $MART Review entails the study of a particular function or functions of a local government, and

WHEREAS, at the conclusion of a $MART Review, the Office of the State Comptroller (OSC) issues non-binding recommendations suggesting methods of containing costs and/or enhancing revenues without raising taxes, and

WHEREAS, the benefits of participating in the $MART program have been discussed by those officials involved in the management of the County of Schuyler, and

WHEREAS, a $MART Review must be requested by resolution of the governing board.

NOW, THEREFORE, BE IT RESOLVED, that the Office of the State Comptroller is hereby invited to conduct a $MART Review in the County of Schuyler, focusing on the area of cash management and capital reserve accounts, and

BE IT FURTHER RESOLVED, that this Legislature hereby designates Legislator Delmar F. Bleiler as its representative to act as a liaison and contact person with the Office of the State Comptroller during the $MART Review.

VOTE: Passed 8-0.

RESOLUTION NO. 41 Motion by Hastings, Second by Karius.

    RE: AUTHORIZE TRANSFER OF FUNDS FOR REGIONAL LEADERSHIP CONFERENCE

WHEREAS, Southern Tier Central Regional Planning and Development (STCRP&D) Board is holding its third 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.

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 8-0.

RESOLUTION NO. 42 Motion by Hastings, Second by Karius.

    RE: AUTHORIZE CONTRACT WITH SOUTHERN TIER LIBRARY SYSTEM

WHEREAS, the annual appropriations contract with the Southern Tier Library System for the year 1999 is expanded to include funding for Internet services for the local libraries, and

WHEREAS, a change in the substance of an annual contract requires legislative approval.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Southern Tier Library System for the year 1999 in the amount of $750 for annual subscriptions to the Internet for Montour Falls, Odessa and Watkins Glen libraries and for appropriations for the Odessa and Hector libraries; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 43 Motion by Hastings, Second by Karius.

    RE: DECLARE EQUIPMENT SURPLUS - DISTRICT ATTORNEY

WHEREAS, the District Attorney has one (1) IBM Selectric II typewriter serial number 3593631, which is inoperable and non-repairable, and

WHEREAS, the District Attorney has replaced the unusable typewriter.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said IBM Selectric II typewriter surplus, and

BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor place said typewriter at the Highway Department storage facility for sale in the 1999 County auction.

VOTE: Passed 8-0.

RESOLUTION NO. 44 Motion by Little, Second by Marvel.

    RE: DECLARE EQUIPMENT JUNK - SHERIFF

WHEREAS, the Sheriff has the following listed equipment which is outdated and totally inoperable, and

WHEREAS, the Sheriff has replaced all equipment listed, and

WHEREAS, the Leading Edge computer listed has unknown data on the hard drive.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said listed equipment as junk, and

BE IT FURTHER RESOLVED, the Building Maintenance Supervisor remove said equipment from the Sheriff's Department and dispose in the proper manner, with exception to the Leading Edge computer, which MUST BE CRUSHED.

1 Facit Dot Matrix Printer 1 Leading Edge Computer 1 Leading Edge Monitor
1 Sperry Monitor 1 Dytcom Keyboard 1 Goldstar Monitor
1 C-Itoh Dot Printer 1 Magnavox Monitor 1 Ultra Keyboard
1 Set of Photographic Lights 1 Plastic Typewriter Case

VOTE: Passed 8-0.

RESOLUTION NO. 45 Motion by Little, Second by Marvel.

    RE: APPOINTMENTS - OFFICE FOR THE AGING ADVISORY COUNCIL

BE IT RESOLVED, that this Legislature approve the following appointments to the Office for the Aging Advisory Council for the term commencing January 1, 1999 and ending December 31, 2000:

Beth Creamer, RSVP Helen Schmidt, Orange
Joette McBride, Hector (East) Verna Shrout, Catharine
Laura Merrill, Hector (West) Marjorie Tewksbury, Montour Falls
Janine Benjamin-Kuehl, Schuyler Hospital Kathryn Doolittle, Consumer
Onley Harkness, Watkins Glen Marcia Kaspryzk, Home Health
Gilbert Hillerman, Reading Bonnie Herzig, Arc
Dorothy Huey, Tyrone Robert Burnside, Member at Large
Edith Lodge, Watkins Glen Charles Young, Member at Large

VOTE: Passed 8-0.

RESOLUTION NO. 46 Motion by Little, Second by Marvel.

    RE: DELEGATE AUTHORITY TO SIGN AMENDMENTS - YOUTH BUREAU

WHEREAS, the New York State Office of Children & Family Services (OCFS) allows County Chief Executives to delegate authority to their County's Youth Bureau Director (Planner) to sign all amendments to their County's approved allocation plans, and

WHEREAS, Schuyler County has already given authority to their Youth Bureau Planner to sign amendments to the fullest extent of his authority by OCFS standards.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize its Chairman to delegate authority to the Schuyler County Youth Bureau Planner to signal OCFS amendments to the Schuyler County approved Resource Allocation Plans after approval by the Schuyler County Youth Board and with appropriate reporting to the Human Services Committee of the Legislature; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 47 Motion by Little, Second by Bleiler.

    RE: ESTABLISH BUDGET FOR WORK NOW II FUNDING - DEPARTMENT OF SOCIAL SERVICES

WHEREAS, the Schuyler County Department of Social Services has been allocated $60,900 for Work Now II, to be used by May 31, 1999, unless extended for a longer period.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to establish a budget for Work Now II as follows:

+ $30,000 account no. 6010.100 Personal Services
+ $11,000 account no. 6010.484 Employment Expenses
+ $41,000 account no. 6010-4610 Federal Aid

VOTE: Passed 8-0.

RESOLUTION NO. 48 Motion by Little, Second by Bleiler.

    RE: TRANSFER OF THE POSITION OF SUPERVISOR, MOBILE WORK CREW, FROM BUILDINGS AND GROUNDS TO THE DEPARTMENT OF SOCIAL SERVICES

WHEREAS, Resolution No. 325-95 created the position of Supervisor, Mobile Work Crew and placed such position in the Schuyler County Buildings and Grounds Department, and

WHEREAS, the above cited resolution authorized the Chairman of the Legislature to execute an agreement between the Department of Social Services and Buildings and Grounds Department for the supervision of the mobile work crew by the Supervisor, Mobile Work Crew at an amount not to exceed $35,000, and

WHEREAS, the Department of Social Services has created within the Department a grant-funded position of Assistant Supervisor, Mobile Work Crew, and

WHEREAS, it is now the appropriate time to transfer the position of Supervisor, Mobile Work Crew from the Buildings and Grounds Department to the Department of Social Services.

NOW, THEREFORE, BE IT RESOLVED, that the position, Supervisor, Mobile Work Crew created by Resolution No. 325-95 be transferred from the Buildings and Grounds Department to the Department of Social Services, effective February 15, 1999, and

BE IT FURTHER RESOLVED, that the position of Supervisor, Mobile Work Crew will be a 35-hour per week position in Grade Level XXII at $12.71 per hour.

VOTE: Passed 8-0.

RESOLUTION NO. 49 Motion by Little, Second by Bleiler.

    RE: AUTHORIZE CHAIRMAN OF THE LEGISLATURE TO SIGN RECORDS MANAGEMENT GRANT APPLICATION FORM AND ALL RELATIVE REPORTS 1999-2000

BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign the LGRMIF grant application form, and all related form(s) and reports, subject, if necessary, to the approval of the Schuyler County Attorney. The grant application is for RECORDS CREATION AND SYSTEM DESIGN. The funds will be appropriated for staff in the Civil Service/Personnel Office, to do data entry into the Personnel Management system. The amount of the grant is not to exceed $50,000.

VOTE: Passed 8-0.

RESOLUTION NO. 50 Motion by Karius, Second by Young.

    RE: AMEND RESOLUTION 98-94 - AUTHORIZE CLEANING/MAINTENANCE CONTRACT WITH SCHUYLER COUNTY COURT FACILITIES - BUILDINGS AND GROUNDS

WHEREAS, Resolution No. 94 of the year 1998 authorized the cleaning/maintenance contract with Schuyler County Court Facilities for the state fiscal year (April 1 through March 31), and

WHEREAS, the State of New York Unified Court System, Office of Court Administration has requested that this contract be for a term of five years instead of one.

NOW, THEREFORE, BE IT RESOLVED, that the second WHEREAS of Resolution No. 94 of the year 1998 be amended to read "WHEREAS, this Bill requires Governmental bodies housing court facilities to enter into a cleaning/maintenance contract for the State Fiscals Years April 1, 1998 through March 31, 2003."

VOTE: Passed 8-0.

RESOLUTION NO. 51 Motion by Karius, Second by Young.

    RE: APPOINTMENTS - SCHUYLER HEADSTART BOARD OF DIRECTORS AND HISTORICAL SOCIETY BOARD OF TRUSTEES

BE IT RESOLVED, that this Legislature approve the appointment of Richard L. Little in place of Glenn R. Larison to serve on the Schuyler Headstart Board of Directors and Patricia L. Hastings in place of Glenn R. Larison on the Historical Society Board of Trustees effective immediately terminating December 31, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 52 Motion by Karius, Second by Young.

    RE: PROCLAIM FEBRUARY 7-14, 1999 MENTAL RETARDATION AWARENESS WEEK AND MARCH, 1999 MENTAL RETARDATION AWARENESS MONTH IN SCHUYLER COUNTY

WHEREAS, mental retardation is a condition which today affects more than 7 million American children and adults and their families, many of whom wait on long lists for needed services and supports, and

WHEREAS, the most effective weapons for alleviation of the serious problems associated with mental retardation are public knowledge and understanding, and

WHEREAS, the potential for citizens with mental retardation to function more independently and productively must be fostered, and

WHEREAS, 140,000 members through 1,100 state and local chapters of The Arc, a national organization on mental retardation, are forging vital employment, educational, and fund raising campaigns under private sector initiatives, and

WHEREAS, 200 individuals are being served locally by The Arc of Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature does hereby proclaim February 7-14, 1999 as Mental Retardation Awareness Week and March, 1999 as Mental Retardation Awareness Month in Schuyler County and urges that citizens give full support to efforts enabling people with mental retardation to live productive lives and achieve their potential.

VOTE: Passed 8-0.

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

    RE: APPOINTMENT - CANAL CORRIDOR INITIATIVE LOAN COMMITTEE

WHEREAS, Connie West, Vice-President of Fleet Bank, Watkins Glen, has advised Nancy Peters, Chairman of the Canal Corridor Initiative (CCI) Loan Committee, that she will be transferring to the Penn Yan Office effective 2/1/99 and therefore will have to resign from the CCI Loan Committee, and

WHEREAS, the CCI Loan Committee desires the replacement to be from the banking field.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoints Kenneth Wilson, Vice-President of HSBC Marine Midland Bank, Watkins Glen, to fill said vacancy on the CCI Loan Committee.

VOTE: Passed 8-0.

RESOLUTION NO. 54 Motion by Bleiler, Second by Little.

    RE: AUTHORIZE FIVE (5) RESOLUTIONS BE BROUGHT TO THE FLOOR

BE IT RESOLVED, that five (5) resolutions be brought to the floor.

VOTE: Passed 8-0.

RESOLUTION NO. 55 Motion by Little, Second by Young.

    RE: APPROVE PLANNING CONTRACT WITH COOPERATIVE EXTENSION - 1999

WHEREAS, the County of Schuyler has successfully contracted with Cornell Cooperative Extension for the provision of planning services for the past years, and

WHEREAS, it is desired that such contractual relationship be renewed for the year 1999, and

WHEREAS, renewal has been delayed to resolve certain insurance defense matters, and

WHEREAS, the parties have reached a mutually acceptable solution to such matters and it is appropriate that the current year contract be immediately renewed in its amended form hereunto written:

Paragraph 2.b. shall read as follows:

In the event that the contractor is sued for activities under this contract for which the contractor has no insurer-provided defense counsel, the County of Schuyler will pay a maximum of $10,000 toward contractor’s defense costs upon submission of certified vouchers therefor. The County’s obligation under the clause shall be limited to defense costs, not damages, and shall not be construed as an indemnity. The contractor will choose its own defense counsel.

NOW, THEREFORE, BE IT RESOLVED, that said contract, as amended, be and hereby is approved for the year 1999; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 56 Motion by Little, Second by Young.

    RE: RECOGNIZE FEBRUARY 7-13, 1999 AS LITERACY VOLUNTEERS WEEK IN SCHUYLER COUNTY

WHEREAS, the citizens of Schuyler County embrace the opportunity to support Literacy Volunteers Week, February 7-13, 1999; this annual observance increases awareness of the mission of Literacy Volunteers of America (LVA), a national network of locally-based education programs committed to changing lives through literacy, and

WHEREAS, Literacy Volunteers of America-New York State, Inc. (LVA-NYS) is in the forefront of promoting this annual observance to call the issue of adult illiteracy to the attention of those who can help and be helped; professionally-trained volunteer tutors teach Basic Literacy and English for Speakers of Other Languages to courageous and motivated adults; literacy skills enable LVA students to be better parents, workers and citizens and their individual gains benefit their families, employers and society, and

WHEREAS, in Schuyler County 27 Literacy Volunteer tutors assisted 80 youth learners to improve their literacy and English language skills and delivered 396 hours of instruction during Program Year 1998, and

WHEREAS, in Schuyler County 176 Literacy Volunteer tutors assisted 410 adults to improve their literacy and English language skills and delivered 4,451 hours of instruction during Program Year 1998, and

WHEREAS, LVA is the kind of community, neighbors-helping-neighbors program that deserves recognition as Literacy Volunteer Week is celebrated.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes February 7-13, 1999 as Literacy Volunteers Week in Schuyler County.

VOTE: Passed 8-0.

RESOLUTION NO. 57 Motion by Little, Second by Young.

    RE: A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $581,631 BONDS OF THE COUNTY OF SCHUYLER, NEW YORK, TO PAY THE COSTS OF THE PURCHASE OF VARIOUS VEHICLES, EQUIPMENT, MACHINERY, APPARATUS AND FURNISHINGS REQUIRED FOR THE PURPOSES OF SUCH COUNTY, AND SUPERSEDING THE BOND RESOLUTION OF SAID COUNTY DATED JANUARY 11 1999.

BE IT RESOLVED, by the County Legislature of the County of Schuyler, New York, as follows:

Section 1. The following purposes are hereby authorized in and for the County of Schuyler, New York:

• The purchase of new police car(s) to replace a similar vehicle in service for one year or more, at a maximum estimated cost of $43,000, it being hereby determined that the same constitutes a specific object or purpose having a period of probable usefulness of three years, pursuant to subdivision 77(1st) of paragraph a of Section 11.00 of the Local Finance Law;
• The purpose of a material spreader, at a maximum estimated cost of $10,375, it being hereby determined that the same constitutes a specific object or purpose having a period of probable usefulness of five years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law;
• The purchase of trucks, at a maximum estimated cost of $76,000, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of five years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law;
• The purchase of equipment, machinery, apparatus and furnishings, at a maximum estimated cost of $93,118, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law;
• The purchase and installation of radio communication equipment for police, fire and emergency purposes, at a maximum estimated cost of $236,000, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of ten years, pursuant to subdivision 25 of paragraph a of Section 11.00 of the Local Finance Law;
• The purchase of machinery and apparatus for construction and maintenance, at a maximum estimated cost of $123,144, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law.

Section 2. It is hereby determined that the total of the aforesaid maximum estimated costs is $498,493,

and that the plan for the financing thereof is by the issuance of $498,493 bonds of said County hereby authorized to be issued therefor pursuant to the Local Finance Law; provided, however, that such $498,493 bonds shall be allocated as per the maximum estimated costs set forth above.

Section 3. The power to appropriate 1999 fund balances to defray the aforesaid maximum estimated costs, including the power to redeem any or all obligations issued pursuant to the resolution from such 1999 fund balances, is hereby delegated to the County Treasurer.

Section 4. 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 5. All other matters except as provided herein relating to the bond 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 provision of the Local Finance Law.

Section 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of

and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law.

Section 7. The validity of such bonds and bond anticipation notes may be contested only if:

• Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or
• 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
• Such obligations are authorized in violation of the provisions of the Constitutions.

Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section 9. This resolution which takes effect immediately and which supersedes the bond resolution adopted on January 11, 1999 for similar purposes, may 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. 58 Motion by Little, Second by Young.

    RE: AUTHORIZE CHAIRMAN TO SIGN DOCUMENTS REGARDING THE SHARED SERVICES GRANT CONTRACT

WHEREAS, Schuyler County has been awarded $30,000.00 under the New York State Shared Service Grant Program.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the Chairman of the Legislature to sign any and all documents relative to the Grant, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 59 Motion by Little, Second by Young.

RE: AUTHORIZE CHAIRMAN TO SIGN BILLING AGREEMENTS FOR SHARED FUEL FACILITY

WHEREAS, there is a need for billing agreements between the County and the users of the Schuyler County Fuel Facility.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a ten-year billing agreement with any and all users of the Schuyler County Fuel Facility at a cost to include the cost of fuel plus a surcharge for capital and maintenance effective immediately; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

REPORT ON STANDING COMMITTEES:

Legislator Hastings reported on the Public Safety/Criminal Justice Committee. The District Attorney is working with the State on a Law Library for Schuyler County. FLACRA and the Sheriff are meeting to discuss a DWI program that would have the violator spend weekends in a drug rehabilitation program doing community services. This program should save the County money. The Probation Director is looking into JAIBG to fund the Youth Court from the year 2000 on. The Sheriff and Legislator Hastings met with the Field Archers Association. They have around 600 members who come to the State land in Monterey for their competition.

Legislator Little reported on the Public Works Committee. The Governor of the State of New York has a 26 million dollar reduction in the CHIPS program in his proposed budget. The Legislature would like to let the Governor know that the County is against that proposal. We will be voting on whether or not to send a letter to the Governor tonight.

Legislator Young reported on the Human Services Committee. The Youth Court is in training and should be finished by March, 1999. They should be ready for their first case in April, 1999. The Environmental Management Council had a session last week where they set their goals for the year. This is the first time for that council to do so. There was also a report from Southern Tier Central on the flood mitigation. There is a lot of work to be done in terms of roads and ditches in Schuyler County. The Center for Governmental Research (CGR) gave their report January 27, 1999 on Children and Family Services in Schuyler County. The department heads involved have met and are discussing the proposal. The Commissioner of Social Services reported that they are meeting twice a month and they hope to have a concrete outlook in a couple of months.

Legislator Karius reported on the Agricultural and Farmland Protection Board. The Legislature met with the Board's hired consultant this evening. There will be a questionnaire going to farmers to ask what the County can do to make it a better business.

Legislator Bleiler reported on the Management & Finance Committee. The JET training was finished in January, 1999 and the department heads along with Legislators will be planning the rest of the training for 1999 sometime in February. He was grateful to meet with all department heads and committee chairs to set goals for 1999. It was helpful to him to set his own goals as a Legislator. At the next department head meeting scheduled for Wednesday, February 17, 1999, there will be a discussion on the Management Confidential Salary Plan. Department heads will be asked to select persons to represent them on a sub committee that will be revising the plan.

Legislator Larison reported on the Governmental Operations Committee. He informed the Legislators and public that there is a display in the chambers of the new NTS System and what it is all about. He also noted that the Keuka Hydraulic group will be holding its final meeting on February 15, 1999, at which time they should be able to complete their permit.

Legislator Marvel reported on the Community Development and Natural Resources Committee. There were two public hearings held January 19, 1999 and February 1, 1999 on the Community Development Block Grant (CDBG) and the Canal Corridor Initiative (CCI) Grants. The deadline for those grants was Wednesday, February 3, 1999.

Legislator Hastings requested that Chairman Gifford report on the Advisory Committee on Management Position for the public. Chairman Gifford reported that the ad hoc committee has given the Legislators and department heads a document to work with that contained their input and a revised duties statement for the County Administrator position for review. It is not complete at this time, some things may change. When the document is complete, it will then be made public.

UNFINISHED BUSINESS: None.

NEW BUSINESS:

Chairman Gifford stated that he had two items to discuss. One item of business is to authorize the Chairman to send a letter to NYSDEC regarding the Catharine Creek dike problem.

MOTION by Legislator Bleiler, SECOND by Legislator Little. Motion carried eight ayes to zero noes.

The second item of business is to authorize the Chairman to send a letter to the Governor of the State of New York in regard to maintaining CHIPS funding.

MOTION by Legislator Larison, SECOND by Legislator Hastings. Motion carried eight ayes to zero noes.

Legislator Young felt the Legislature should also be writing to Albany about the Social Services computer system called Connections. She has heard nothing positive about the system. Unless action is taken, child welfare services could be compromised. Legislator Larison suggested that she take it up with her committee this month.

PUBLIC PARTICIPATION:

Bob Burnside said he was glad to see action being taken on CHIPS funding. He is not sure the public is aware of what it means to the County's Highway Department. Some towns will also be hurt if the funding is cut.

The meeting adjourned at 7:35 p.m.

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

REGULAR MEETING
MARCH 8, 1999

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

PUBLIC PARTICIPATION:

Casey Creamer asked about Resolution No. 65. He wanted to know what kind of a training program this was and what would be accomplished by this building. Legislator Hastings explained that the Mobile Work Crew (MWC) is constructing the building and will also be utilizing it. Legislator Young said it will be used to change oil and train the MWC participants. An adjoining building will also be built for the Sheriff's department for storage. Mr. Creamer asked where the grant came from for this project. Legislator Young explained that it came from Social Services and said that other projects can also be done in this building. Bill Weiss added the funding is through the Work Now program. The Sheriff's portion of the project is being funded by seized assets money.

Tom Ryan asked where the County Administrator position stands. Chairman Gifford explained that one of the goals of the Legislature is what the next step will be in regard to that position. There is a Legislative Committee meeting scheduled for Wednesday to finish the goals. There is a job description that is still being revised. Mr. Ryan asked for a copy of the job description when it is finished. Legislator Bleiler said that department heads were asked for their input and they had some pros and cons to share. Legislator Hastings explained that if this position were to be put on the ballot and voted by the people, it would become stationary and would have to return to the ballot to be removed. She feels it is better and simpler to not have it on the ballot. Mr. Ryan expressed concern that the position will be locked in for four years. Chairman Gifford said that is not final yet. There are still some discussions going on in reference to that issue.

George Eisman asked about the 8% sales tax issue and where does it stand. Chairman Gifford explained that Schuyler County's request is in Albany to have legislation enacted and then it will come back to the Legislature for a vote. Mr. Eisman said that other motel owners have expressed to him their concern over this increase and feel that the room tax will also be raised. He also feels the room tax should be extended to Bed and Breakfast places, and will be requesting, in writing, that the Legislature consider this.

RESOLUTION NO. 60 Motion by Hastings, Second by Little.

    RE: APPROVE MINUTES OF THE FEBRUARY 8, 1999 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the February 8, 1999 Regular Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 8-0.

RESOLUTION NO. 61 Motion by Little, Second by Marvel.

RE: AUTHORIZE TRANSFER OF FUNDS AND PURCHASE OF EQUIPMENT - OFFICE FOR THE AGING

    WHEREAS, the Office for the Aging's state program ends March 31^st and there are funds available to help pay for the new van, a dishwasher and ice machine that are no longer operable, and a laptop computer if there are sufficient funds remaining, and

WHEREAS, the aforementioned purchases are contingent upon the State of New York approving the Office for the Aging's request for a budget amendment.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following account transfers upon direction of the Office for the Aging Director that State approval has been granted:

AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO.

$1,800 6772.440-Travel 6772.200-Equipment
$2,000 6772.439-Communications 6772.200-Equipment
$7,333 6772.490-Subcontracts 6772.200-Equipment
$1,700 6772.490-Subcontracts 6772.100-Personnel (budget short for part-time Meal Deliverer previously authorized)

VOTE: Passed 8-0.

RESOLUTION NO. 62 Motion by Little, Second by Marvel.

    RE: AUTHORIZE LETTER REQUESTING INCREASED FUNDING FOR THE NYS COMMUNITY SERVICES FOR THE ELDERLY AND NYS STATE EXPANDED IN-HOME SERVICES FOR THE ELDERLY PROGRAMS

WHEREAS, the County of Schuyler has 19% of its total population aged 60 or older, and

WHEREAS, the State funded programs for Community Services for the Elderly and Expanded In-Home Services for the Elderly Program have proved to be beneficial in enabling frail, isolated elderly to remain safely in their homes and communities and avoid inappropriate institutionalization and its high cost, and

WHEREAS, in Schuyler County there are waiting lists for services provided by these programs, and

WHEREAS, in the Governor's proposed budget for state fiscal year 1999-2000 there are proposals that would require localities to provide additional share to accommodate state funding reductions for planning and implementation, and

WHEREAS, such proposed funding changes have the net effect of reducing services in a time of increased need and demand for them.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby be on record to urge the Assembly and Senate of the State of New York to ensure an increase in the budgeted funds for the New York State Community Services for the Elderly and the New York State Expanded In-Home Services for the elderly programs to eliminate the reductions of past years, and provide an increase of at least $10 million to accommodate the erosion of funding and help meet current local needs, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized and directed to send letters to the Governor of the State of New York and Schuyler County's state representatives urging their support for this funding.

VOTE: Passed 8-0.

RESOLUTION NO. 63 Motion by Little, Second by Marvel.

    RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD

WHEREAS, the Legislature is in receipt of the resignation from Philip Barnes as the Sheriff's Department representative and Chairman of the Schuyler County Youth Board effective January 4, 1999, and

WHEREAS, the Schuyler County Sheriff recommends this vacancy be filled by Matthew Maloney.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Matthew Maloney to the Schuyler County Youth Board effective immediately with a term ending December 31, 2001.

VOTE: Passed 8-0.

RESOLUTION NO. 64 Motion by Little, Second by Marvel.

    RE: AUTHORIZE APPOINTMENT TO THE ECONOMIC OPPORTUNITY PROGRAM BOARD OF DIRECTORS

WHEREAS, the Economic Opportunity Program Board of Directors by-laws set forth that the Schuyler County Legislature by resolution shall designate one elected public official to serve on the Board, and

WHEREAS, Legislator Ruth Youth is willing and eager to serve on said Board.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Legislator Ruth Young to the Economic Opportunity Program Board of Directors effective immediately and terminating December 31, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 65 Motion by Little, Second by Marvel.

    RE: AUTHORIZE MOBILE WORK CREW BUILDING PROJECT ON HIGHWAY DEPARTMENT GROUNDS

WHEREAS, the Schuyler County Department of Social Services Mobile Work Crew has an approved grant for vocational training in building trades skills, and

WHEREAS, such training program will be accomplished by the erection of a building by Mobile Work Crew trainees, and

WHEREAS, such building will constitute an addition to the County Fixed Assets inventory.

NOW, THEREFORE, BE IT RESOLVED, that the erection of a permanent structure at the location within the County Highway Department grounds be approved, subject to the siting of such building in coordination with appropriate officials of the Village of Watkins Glen, New York.

VOTE: Passed 8-0.

RESOLUTION NO. 66 Motion by Marvel, Second by Hastings.

    RE: AUTHORIZE TRANSFER OF FUNDS FOR TRAINING - PROBATION

WHEREAS, there is a need in the Schuyler County Probation Department for the new Probation Officer to attend a minimum of three (3) weeks of training during her first year of employment, two (2) of which will be conducted in Albany, NY, and

WHEREAS, it is believed that the County share of said training cost will be high, there not being enough funds in the training budget to cover said costs, and

WHEREAS, there are sufficient funds in account number 3140.200 to offset some of these costs.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer all remaining funds from the equipment line items in Probation budget 3140 into account number 3140.409-conference expense.

VOTE: Passed 8-0.

RESOLUTION NO. 67 Motion by Marvel, Second by Hastings.

    RE: APPROVAL OF JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) PLAN AND AUTHORIZATION OF CHAIRMAN TO SIGN SAID APPLICATION - PROBATION DEPARTMENT

WHEREAS, Resolution No. 542-98 authorized the County of Schuyler to apply for and accept the funding for the Juvenile Accountability Incentive Block Grant (JAIBG) in the amount of $16,884, and

WHEREAS, the County's matching funds are available through the Runaway and Homeless Program of the Youth Bureau, and

WHEREAS, the duly appointed planning committee prepared and submitted said plan through the Public Safety/Criminal Justice Committee of the Legislature and all appears to be in order.

NOW, THEREFORE, BE IT RESOLVED, that the said Juvenile Accountability Incentive Block Grant (JAIBG) plan be approved, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign said application; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 68 Motion by Marvel, Second by Hastings.

    RE: AUTHORIZE TRANSFER OF FUNDS FOR VIDEO EQUIPMENT - STOP DWI

WHEREAS, the State of New York Governor's Traffic Safety Committee authorized the use of $10,000 from Schuyler County's Stop DWI Reserve account for the purpose of purchasing in-car camera video equipment, and

WHEREAS, these cameras in the past have raised the rate of convictions for DWI offenses, improved officer safety, captured additional evidence, and documents an officer's actions which could reduce potential liability.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $10,000 from the Stop DWI Reserve account to Stop DWI account no. 3315.272.

VOTE: Passed 8-0.

RESOLUTION NO. 69 Motion by Marvel, Second by Hastings.

    RE: AUTHORIZE USE OF SEIZED ASSETS FUNDS FOR SECURE STORAGE BUILDING - SHERIFF'S DEPARTMENT

WHEREAS, it is necessary to have a secure storage area for investigative papers, as well as space to securely impound seized vehicles on fatality investigations, and

WHEREAS, this Legislature has authorized the erection of a building on the County Highway Department property through grant funds provided for the Mobile Work Crew building project.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to use Seized Asset monies to build a secure storage building in conjunction with the Mobile Work Crew building project.

VOTE: Passed 8-0.

RESOLUTION NO. 70 Motion by Marvel, Second by Hastings.

    RE: AUTHORIZE HIRING OF TEMPORARY CLERICAL HELP - SHERIFF'S DEPARTMENT

WHEREAS, it might be necessary to hire additional help in the Sheriff's Office during times of additional paper work and when the Sheriff's Sr. Account Clerk Typist is off work on compensation.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to hire a temporary Typist through Civil Service or through a temporary employment agency.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE CONTRACT WITH THE STATE OF NEW YORK FOR BOARDING OF PRISONERS - SHERIFF'S DEPARTMENT

WHEREAS, the State Prison System is at maximum capacity, and

WHEREAS, at times, there is cell space open at the Schuyler County Jail, and

WHEREAS, sentenced state prisoners have to be housed at the County Jail until there is room in the State System.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with the State of New York to board state prisoners up to six months at a maximum rate of $100.00 per day; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE OUT OF STATE TRAVEL FOR SR. INVESTIGATOR MICHAEL WOOD - SHERIFF'S DEPARTMENT

WHEREAS, Sr. Investigator Michael Wood has been nominated to attend the Federal Bureau of Investigation's National Law Enforcement Academy located in Quantico, Virginia, and

WHEREAS, he has successfully met all of the Federal Bureau of Investigation requirements and qualifications for purposes of attending said National Law Enforcement Academy, and

WHEREAS, the Federal Bureau of Investigation has accepted Sr. Investigator Michael Wood's attendance at said National Law Enforcement Academy, and

WHEREAS, the Schuyler County Legislative Public Safety and Criminal Justice Committee has unanimously approved his attendance at said National Law Enforcement Academy from 7/11/99-9/25/99.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes Sr. Investigator Michael Wood to travel outside of this state for purposes of attending the FBI National Academy.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERING FOR PHASE II WORK AT SENECA HARBOR PARK - BUILDINGS AND GROUNDS

WHEREAS, the Public Works Committee has approved moving forward with Phase II of the development of Seneca Harbor Park, and

WHEREAS, the next step would be an updated topographic survey of the site, development of the parking layout from Decatur Street west to the restrooms, designing the storm drainage system, and detailing the curbing, walkways, landscaping, and furniture layouts for the park.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorize the Chairman to sign a contract with Hunt Engineering for design and bid documents for Seneca Harbor Park in an amount not to exceed $9,750; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 74 Motion by Hastings, Second by Karius.

    RE: ACCEPT PROPOSAL FROM BEAVER'S PETROLEUM EQUIPMENT COMPANY FOR THE REMOVAL AND DISPOSAL OF UNDERGROUND FUEL STORAGE TANKS LOCATED AT THE COUNTY HIGHWAY DEPARTMENT

WHEREAS, the County Highway Department has three (3) underground fuel storage tanks not in compliance with USEPA regulations and the NYSDEC has health and safety concerns relating to contamination, and

WHEREAS, the new Schuyler County Shared Fuel Facility is in full operation, and the obsolete underground tanks are no longer needed, and

WHEREAS, upon review of the NYSDEC list for approved petroleum tank contractors for Region 8, the Highway Superintendent found Beaver's Petroleum Equipment Co. was on that list and recommends accepting the quote from Beaver's Petroleum Equipment Co. for $6,000, and

WHEREAS, the removal of the underground tanks was included as an expense in the bonding authorized for the Shared Fuel Facility project.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorize the removal and disposal of three (3) underground fuel storage tanks by Beaver's Petroleum Equipment Company in the amount of $6,000 to be paid from Capital account no. H5130.201.

VOTE: Passed 8-0.

RESOLUTION NO. 75 Motion by Hastings, Second by Karius.

    RE: RESOLUTION OF SUPPORT FOR STATE FUNDING OF SOIL & WATER CONSERVATION DISTRICTS

WHEREAS, New York State Soil and Water Conservation Districts (SWCD's) provide technical assistance, educational information and environmental protection on soil, water and related natural resources to residents and municipalities in New York State, and

WHEREAS, the SWCD's provide natural resource inventory, pond, stream, and wetland management, NYS DEC permitting assistance, drainage, erosion and sediment control, Agricultural Value Assessments, and Non-Point Source Pollution programs on a local level, and

WHEREAS, the New York State Legislature omitted funding from the Environmental Protection Fund (EPF) which fully reimburses the local SWCD's for their services, and

WHEREAS, the New York State Legislature is currently considering legislation (A11318) which will reinstate funding to the EPF and fully reimburse the SWCD's.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby support Assembly Bill 11318 and urges the members of the New York Legislature to pass such legislation restoring funding to the EPF, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby requests Governor Pataki and the New York State Legislature to introduce legislation which will reinstate the funding to the EPF and fully fund the reimbursement to the SWCD's, and

BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature is hereby authorized and directed to send a certified copy of this resolution to the Honorable George Pataki, Governor of the State of New York, Senator John R. Kuhl, Jr., Assemblyman James Bacalles, Assembly Speaker Sheldon Silver, Senate Majority Leader Joseph Bruno, NYSAC and any other officials deemed appropriate.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE APPOINTMENT TO THE ENVIRONMENTAL MANAGEMENT COUNCIL

BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Robert Horton to the Schuyler County Environmental Management Council to represent the Town of Orange effective immediately with an ending term of 12/31/2000.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE CONTRACT WITH BATEMEN THERAPY SERVICES FOR EARLY INTERVENTION SERVICES - PUBLIC HEALTH

WHEREAS, the Schuyler County Early Intervention Program must contract with providers to provide Early Intervention services to eligible children from birth through two as required by the New York State Department of Health.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Batemen Therapy Services at rates set by the New York State Department of Health; this contract is subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE CONTRACT WITH PEDIATRIC PHYSICAL THERAPY & OCCUPATIONAL THERAPY SERVICES FOR EARLY INTERVENTION PROGRAM EVALUATION SERVICES - PUBLIC HEALTH

WHEREAS, the Schuyler County Early Intervention Program must contract with providers to provide Early Intervention services to eligible children from birth through two as required by the New York State Department of Health.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Pediatric Physical Therapy & Occupational Therapy Services at rates set by the New York State Department of Health; this contract is subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE CONTRACT WITH JONEL M. ROBINSON FOR EARLY INTERVENTION PROGRAM SERVICES AND PRESCHOOL SPECIAL EDUCATION OCCUPATIONAL THERAPY SERVICES - PUBLIC HEALTH

WHEREAS, the Schuyler County Early Intervention Program must contract with providers to provide Early Intervention services to eligible children from birth through two as required by the New York State Department of Health, and

WHEREAS, Schuyler County must provide occupational therapy to eligible preschool children according to Section 4410 of the Education Law, and

WHEREAS, Jonel M. Robinson is a licensed occupational therapist and will provide these services to eligible preschool children.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Jonel M. Robinson to provide preschool Occupational therapy services, effective March 31, 1999 through June 30, 1999 at rates set by the New York State Department of Health; this contract is subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 80 Motion by Karius, Second by Little.

    RE: AUTHORIZE OUT OF STATE TRAVEL - PUBLIC HEALTH

WHEREAS, as part of the New York State Association of County Health Officials (NYSACHO)'s 1999 Immunization Action Plan (AIP) 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 Dallas, Texas, 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. The only cost for this will be for transportation to and from the airport, which will be reimbursed through the Immunization Grant Funding.

VOTE: Passed 8-0.

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

    RE: AMEND RESOLUTION NUMBER 480-98 - AUTHORIZE TUITION REIMBURSEMENT - PUBLIC HEALTH

WHEREAS, Resolution Number 480-98 authorizing the reimbursement of the tuition of approved and accredited courses completed by Public Health/Home Health employees, set forth an effective date of December 14, 1998, and

WHEREAS, it was the intent by the Department Head and the Health Services Committee to have this policy retroactive to June of 1998.

NOW, THEREFORE, BE IT RESOLVED, that Resolution Number 480-98 be amended to set forth an effective date of June, 1998 for above-referenced policy.

VOTE: Passed 8-0.

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

    RE: APPOINTMENT TO HEALTH SERVICES ADVISORY COMMITTEE AND PROFESSIONAL ADVISORY COMMITTEE - PUBLIC HEALTH

WHEREAS, it is desirous to appoint Michael Gehl to the Health Services Advisory Committee and the Professional Advisory Committee.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature appoints Michael Gehl to the Health Services Advisory Committee, with the term ending December 31, 2003 and the Professional Advisory Committee with the term ending December 31, 1999, effective immediately.

VOTE: Passed 8-0.

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

    RE: EARLY INTERVENTION DESIGNEE APPOINTMENTS - PUBLIC HEALTH

WHEREAS, it is desirous to appoint the following individuals as Designees to the Early Intervention Program:

Marcia Kasprzyk
Michele Gimbar
Camelia Oswald

NOW, THEREFORE, BE IT RESOLVED, that this Legislature appoints the above as Designees to the Early Intervention Program, effective immediately.

VOTE: Passed 8-0.

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

    RE: RESOLUTION SUPPORTING THE ADOPTION OF AN EXCISE TAX ON TOBACCO PRODUCTS IN THE STATE OF NEW YORK

WHEREAS, the Schuyler County Legislature is urging the Legislature of the State of New York to enact an excise tax on tobacco products, and

WHEREAS, the revenues generated by this proposed tax will be used for tobacco control programs at the County level and for the provision of medical insurance for uninsured children, and

WHEREAS, such a tax would provide much needed funds to eliminate the public health threat arising from the obtaining and use of tobacco products by minors less than 18 years of age and the addiction arising therefrom.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does by the adoption of this Resolution, support and endorse the seeking an excise tax on tobacco products in the State of New York, and

BE IT FURTHER RESOLVED, that the Clerk of this Legislature be and hereby is directed to send a certified copy of this Resolution to the Honorable George E. Pataki, Honorable James Bacalles, and the Honorable John R. Kuhl, Jr., Honorable Kemp Hannon, Chairman of the Senate Health Committee, and Honorable Richard N. Gottfriend, Chairman of the Assembly Health Committee.

VOTE: Passed 8-0.

RESOLUTION NO. 85 Motion by Karius, Second by Marvel.

    RE: AUTHORIZE CONTRACT WITH JET FOR MANAGEMENT TRAINING FOR 1999

WHEREAS, the 1999 budget includes $4850.00 in Legislative account number 1010.459 for management level training, and

WHEREAS, the Management and Finance Committee has approved the expenditure of these funds to contract for 485 hours of classroom training or equivalent services at $10.00 per hour with JET, Inc. from March 1, 1999 through February 29, 2000.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with JET, Inc. for the provision of 485 hours of classroom training for Schuyler County employees for the term 3/1/99-2/29/2000 at a cost not to exceed $4,850; contract subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 86 Motion by Little, Second by Hastings.

    RE: DECLARE EQUIPMENT JUNK - PROBATION DEPARTMENT

WHEREAS, the Probation Department has one (1) non-OSHA approved, un-usable, un-repairable Steel case vinyl chair with arms which has been replaced with the approved five (5) caster chair, and

WHEREAS, the Probation Department has two (2) secretarial chairs which are non-OSHA approved with only four (4) casters as opposed to the required five (5), which have been replaced with the approved five (5) caster chairs, and

WHEREAS, the Probation Department has a Norcom Transcriber that is inoperable and has been replaced.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare the following equipment as junk:

• •Steel case vinyl chair with arms
• •Two (2) secretarial chairs
• •Norcom Transcriber, and

BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor remove said equipment and dispose in the proper manner.

VOTE: Passed 8-0.

RESOLUTION NO. 87 Motion by Little, Second by Hastings.

    RE: DECLARE EQUIPMENT JUNK - TREASURER'S OFFICE

WHEREAS, the Treasurer's Office has an old defective Data General terminal (S/N GG476409), and

WHEREAS, the terminal will no longer be used with the Treasurer's network, as it will be replaced with a Windows based desktop PC.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said terminal as junk, and

BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor remove said terminal and dispose in the proper manner.

VOTE: Passed 8-0.

RESOLUTION NO. 88 Motion by Little, Second by Hastings.

    RE: DECLARE EQUIPMENT SURPLUS - BOARD OF ELECTIONS

WHEREAS, the Board of Elections has twenty-nine (29) outdated 13"x16" registration binders, and

WHEREAS, the mentioned binders have been replaced by the NTS digital computer program.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said registration binders as surplus, and

BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor remove said binders to storage for sale in the 1999 County auction.

VOTE: Passed 8-0.

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

    RE: DECLARE EQUIPMENT SURPLUS - MENTAL HEALTH

WHEREAS, the Mental Health Department has a Xerox 5028 copier (S/N 71P207929) with duplexer (S/N 000234840SJ), sorter, stand and two (2) dry ink cartridges and one (1) copy cartridge, and

WHEREAS, said copier is noted not to be in working order and has been replaced.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said Xerox copier surplus, and

BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor remove said Xerox copier to storage, marked "IN NEED OF REPAIR", for inclusion in the 1999 County auction.

VOTE: Passed 8-0.

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

    RE: RESOLUTION OPPOSING FUNDING CUTS IN THE CONSOLIDATED LOCAL HIGHWAY IMPROVEMENT PROGRAM

WHEREAS, in the Governor's 1999-2000 budget proposal there is a proposed reduction of $26 million dollars in the Consolidated Local Highway Improvement Program (CHIPS), and

WHEREAS, Schuyler County, as with other Counties in New York State, will be greatly affected by this partial loss of a capital funding source, and

WHEREAS, with this setback of proposed funding there continues a severe funding deficiency on the local infrastructure, and

WHEREAS, Schuyler County taxpayers cannot continually finance necessary highway and bridge repairs, and additional State assistance is needed.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby goes on record opposing the Governor's proposed reduction in CHIPS funding in the 1999-2000 State budget, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature be directed to send certified copies of this resolution to Governor George E. Pataki, Senator John R. Kuhl, Jr., Assemblyman James Bacalles, NYSAC and any other officials deemed appropriate.

VOTE: Passed 8-0.

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

    RE: APPROVE APPLICATION FOR CORRECTION OF TAX ROLL-TYRONE-NYSEG TAX MAP NUMBERS 555.801-6000, 555.801-6000-1, 555.801-6000-2, AND 555.801-6000-3

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

WHEREAS, the assessors failed to place the State certified 1998 Special Franchise Assessments on the 1998 Final Assessment Roll, and

WHEREAS, the above error constitutes an unlawful entry as defined in Section 550 of the Real Property Tax Law, and

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

NOW, THEREFORE, BE IT RESOLVED, that the 1999 Town and County Tax Roll be amended to reflect the correct assessments and that the Real Property Tax Department furnish the County Treasurer with corrected tax bills for the above referenced parcels to be mailed to NYSEG, and

BE IT FURTHER RESOLVED, that the Tax Warrant for the Town of Tyrone be reduced by $259.39, as set forth below:

Tax Map Number Assessment         County Tax        Town Tax     Fire District     Total Amount
555.801-6000
        Original Bill       356,990            $3,587.64       $1,179.66      $509.66         $5,276.96
        Corrected Bill   345,002           $3,467.16       $1,140.04      $492.55         $5,099.75
        Reduction           11,988           $   120.48       $     39.62      $   17.11          $  177.21

555.801-6000-1
        Original Bill         89,248            $ 896.91          $ 294.92        $ 90.65         $1,282.48
   Corrected Bill          86,250            $ 866.78          $ 285.01        $ 87.61         $1,239.40
        Reduction             2,998            $   30.13          $     9.91        $   3.04         $     43.08

555.801-6000-2
        Original Bill         47,249           $ 474.84           $ 156.13       $ 67.46           $ 698.43
   Corrected Bill          45,662           $ 458.89           $ 150.89       $ 65.19           $ 674.97
        Reduction             1,587           $   15.95           $     5.24      $    2.27           $   23.46

555.801-6000-3
        Original Bill        31,499            $ 316.55            $ 104.09       $ 44.97         $ 465.61
   Corrected Bill         30,441            $ 305.92            $ 100.59       $ 43.46           $ 449.97
        Reduction            1,058            $   10.63            $     3.50       $    1.51         $   15.64

Tyrone Fire District $ 20.89
Wayne Fire District $ 3.04

    Total Reduction                           $ 177.19                $ 58.27       $ 23.93         $ 259.39

VOTE: Passed 8-0.

RESOLUTION NO. 92 Motion by Little, Second by Young.

    RE: AMEND TOWN OF HECTOR TAX ROLL FOR PROPERTY PURCHASED BY THE UNITED STATES GOVERNMENT - TAX MAP NUMBER 3.-1-1

WHEREAS, the United States Government has purchased a portion of tax map number 3.-1-1 in the Town of Hector which was recorded in the County Clerk's Office on 10/14/98 in Liber 318, page 338, and

WHEREAS, Section 558 of the Real Property Tax Law requires the cancellation of any tax liens which are not enforceable against property of the United States and allows for the charge back of the town tax to the appropriate entity.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to cancel the County tax levied after the recording of the deeds on the above listed parcel in the amount of $104.38 and charge back the Town of Hector its portion of the tax in the amount of $46.30. A copy of this resolution to be sent to the Town of Hector Clerk/Tax Collector.

Owner & Tax Map # Assessment      County Tax     Town Tax        Fire District     Total Amount

Original Bill
Brown, Edwin, Joann & William
Acres 27.13
TM# 3.-1-1 29,600                          $300.84             $ 94.52          $ 38.91              $434.27

Corrected Bills
Brown, Edwin, Joann & William
Acres-15.23
TM# 3.-1-1.1 19,330                      $196.46              $ 61.72          $ 25.41              $283.59

United States of America
Acres-11.90
TM# 3.-1-1.2 10,270                      $104.38              $ 32.80          $ 13.50              $150.68

VOTE: Passed 8-0.

RESOLUTION NO. 93 Motion by Little, Second by Young.

    RE: APPOINTMENT - RECORDS MANAGEMENT ADVISORY BOARD BE IT RESOLVED, that the Schuyler County Legislature approves the appointment Kathy Walruth to the Records Management Advisory Board effective immediately with no ending term.

VOTE: Passed 8-0.

RESOLUTION NO. 94 Motion by Little, Second by Young.

    RE: DESIGNATE RECORDS MANAGER POSITION TO THE LEGISLATIVE OFFICE

WHEREAS, Resolution No. 87-98 appointed the Deputy Clerk of the Legislature as Records Management Officer, and

WHEREAS, the prior Records Management Officer was also the County Clerk who resigned December 31, 1997, and

WHEREAS, there is a need to transfer the position of Records Manager from the County Clerk's Office to the Legislative Office so that it is understood that the Deputy Clerk of the Legislature will be supervising that position out of the Legislative Office.

NOW, THEREFORE, BE IT RESOLVED, that the position of Records Manager will now be classified in civil service as being part of the Legislative Office retroactive March 9, 1998.

VOTE: Passed 7-1. No: Hastings.

RESOLUTION NO. 95 Motion by Little, Second by Young.

    RE: RESOLUTION OPPOSING FUNDING CHANGES TO THE ECONOMIC OPPORTUNITY PROGRAM OF CHEMUNG AND SCHUYLER COUNTIES

WHEREAS, the Division of Housing and Community Renewal (DHCR) is a state agency that distributes federal funding for Energy Services Bureaus that operate local Weatherization Programs and handles no-heat situations for low-income residents, and

WHEREAS, the Economic Opportunity Program (EOP) serves the citizens of both Chemung and Schuyler counties in this regard, and

WHEREAS, the DHCR has proposed to increase funding to the larger populated areas of the state from 20% to 40% and is decreasing the funding to the smaller rural area subgrantee's by the same percentages, and

WHEREAS, this reduction in funding would reduce the service period from 1 year to 7-8 months and will cause additional reductions in an already insufficient staffing level, and

WHEREAS, without adequate funding and staff, the Weatherization Program in Chemung and Schuyler counties is in jeopardy.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby goes on record opposing the Division of Housing and Community Renewal's proposed changes in funding distribution to the Energy Services Bureaus throughout the State, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature be directed to send certified copies of this resolution to Governor George E. Pataki, Senator John R. Kuhl, Jr., Assemblyman James Bacalles, NYS Commissioner of Housing Joseph Lynch and J. Delaine Jones, Director of Energy Service Bureau with DHCR.

VOTE: Passed 8-0.

RESOLUTION NO. 96 Motion by Little, Second by Karius.

    RE: AUTHORIZE OUT OF STATE TRAVEL - LEGISLATURE

WHEREAS, as a member of the Southern Tier Central Regional Planning & Development Board of Directors, the Chairman of the Legislature is required at times to travel to Washington, D.C., at no cost to the County, and

WHEREAS, out of state travel requires legislative approval.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be allowed to travel out of state to attend business as referenced above for the time period March 13-16, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 97 Motion by Little, Second by Karius.

    RE: AUTHORIZATION TO ADVERTISE FOR BIDS FOR A TANDEM AXLE TRUCK FOR THE HIGHWAY DEPARTMENT

WHEREAS, the County Highway Superintendent has recommended the replacement of a 1975 tandem axle truck, and

WHEREAS, there is money appropriated in the 1999 budget for the purchase of a truck.

NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to set specifications and advertise for bids for the purchase of a tandem axle truck.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE CONTRACT WITH MATSON AUCTION AND REAL ESTATE - TREASURER

WHEREAS, the Treasurer's Office has been in contact with Matson Auction and Real Estate to handle the 1999 Tax Sale Auction at a future date to be determined by mutual agreement between the County and the auctioneer, and

WHEREAS, Matson Auction and Real Estate has agreed to add services for photographs and posting of signs at no additional cost.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an agreement with Matson Auction and Real Estate for auctioneer services for the year 1999; contract subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

WITHDRAWN

    RE: AUTHORIZE COUNTY TREASURER TO CHARGE PENALTY FOR REMOVAL OF FOREST FROM FOREST PLAN

RESOLUTION NO. 99 Motion by Larison, Second by Hastings.

    RE: MOTION TO BRING ONE (1) EMERGENCY RESOLUTION TO THE FLOOR

BE IT RESOLVED, that one (1) emergency resolution be brought to the floor.

VOTE: Passed 8-0.

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

    RE: A RESOLUTION TO PROVIDE NOTICE OF A SECOND 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 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, the Schuyler County Legislature provided for an initial public comment period which ran from 10/22/97 to 11/21/97 and subsequently 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 further studied the matter and developed a proposed modification to the original agricultural district proposal, and

WHEREAS, the original Agricultural District #2 proposal together with the proposed modifications were presented to the Schuyler County Legislature on May 11, 1998, at which time the agricultural district plan was adopted, and

WHEREAS, said plan was forwarded to the NYS Commissioner of Agriculture and Markets for certification pursuant to Section 303 of Article 25AA of the Agriculture and Markets Law of New York State, which certification was approved by letter on March 4, 1999 by the Commissioner, and

WHEREAS, a second public hearing on the creation of Agricultural District #2 is required due to the modifications made and adopted by the Legislature subsequent to the first public hearing.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

• The Schuyler County Legislature will conduct a public hearing on the approved modification to the Agricultural District #2 proposal on Thursday, March 25, 1999 at 6:00 P.M. in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY.
• The Clerk of the Legislature shall ensure that the notice of public hearing is published as required and mailed to all owners of real property proposed to be included within the modification of the proposed district, to those municipalities whose territory encompasses the modification of 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 mailings 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 district program generally and this proposal specifically.

VOTE: Passed 8-0.

REPORT ON STANDING COMMITTEES:

Legislator Hastings reported on the Catharine Valley Hiking Trail. There will be a public hearing held at 7:00 p.m. on May 20, 1999 at the Watkins Glen High School. She also talked about attending the NYSAC conference. While there she attended a conference on alternatives to juvenile offenders. When they listened to the variety of speakers, it was interesting to hear some say that the State is in bad shape and some say that the State is in good shape. She brought back some resolutions that passed, she will leave them in the chambers for review.

Legislator Little reported on the Public Works Committee. He explained the resolution on CHIPS funding. This decrease in funding not only affects the County, it also affects the towns. He suggests a letter writing campaign and phone calls. He encourages anyone to write or call Governor Pataki.

Legislator Young reported on the Human Services Committee. She is concerned that the Youth Bureau funds will be cut at the State level.

Legislator Bleiler reported on the Management and Finance Committee. He is pleased with the JET training. The last meeting had eighteen management employees and three Legislators present. Everyone agreed to continue with training for the year. The next session will be held Thursday, March 25, 1999 in the morning to discuss merging all of the goals for training. We will try to make it a uniform approach for 1999. He also said that the Management Confidential Salary Plan is under review. A sub committee of Legislators and management employees have been appointed to review the plan.

Legislator Larison reported on the NYSAC conference. He is also concerned about the CHIPS funding. There are 488 million dollars from the highway use tax that would support this program. Taxpayers need to write to their representatives and request highway use tax for highways.

Legislator Marvel reported on the Community Development and Natural Resources Committee. The County finally signed the grant for the Seneca Daysails project in the amount of $45,000. There will be some monies through HUD for low interest loans.

UNFINISHED BUSINESS: None.

NEW BUSINESS: Motion out of the Public Safety/Criminal Justice Committee to have the Chairman of the Legislature write a letter of support to STREMAC in regards to the service provided by the Schuyler County Ambulance Corps.

MOTION by Legislator Bleiler to have the Chairman of the Legislature write a letter of support to STREMAC in regards to the service provided by the Schuyler County Ambulance Corps., SECOND by Legislator Young. Legislator Bleiler explained that the Public Safety/Criminal Justice Committee had a meeting with the Ambulance Corps, Schuyler Hospital's CEO Bob Mincemoyer and Dr. Klick. He feels there is no reason why the County can not recognize the volunteers in our County. If the County had to pay for a professional ambulance service it would be paying an awful lot more than they are now. This letter will tell their governing body that the standards they set for our corps is greater than those of professional services. Motion carried eight ayes to zero noes.

Chairman Gifford reminded the Legislators that there is a Legislative Committee meeting scheduled for March 10, 1999 at 3:30 p.m. to finish the Legislative goals for 1999.

CERTIFICATE OF RECOGNITION AWARD TO LOUISE STILLMAN: Chairman Gifford read the certificate aloud to Louise's brother, Mr. Louie Vickio, and asked that he pass the certificate along to Louise.

PUBLIC PARTICIPATION:

George Eisman asked about Resolution No. 71, regarding boarding state prisoners. He asked if this is something that the taxpayers should be aware of. Legislator Bleiler explained that these inmates would be non-violent. Legislator Hastings added that the Sheriff has budgeted a certain amount of revenue for boarding of prisoners and needs to utilize these cells. County Attorney Coleman explained that it is not allowable for us to take in violent offenders.

The meeting adjourned at 7:26 p.m.

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

  PUBLIC HEARING
MARCH 25, 1999

The Public Hearing on Agricultural District #2 was called to order by Chairman Gifford at 6:06 p.m. Legislators Hastings, Young, Bleiler and Larison were present. Legislators Little, Karius and Marvel were absent. John Czamanske, Cooperative Extension Planner, explained that the initial proposal to create Agricultural District #2 was started right after the establishment of Agricultural District #1 in 1995. After a hiatus, they began work on the database and received the required petition in 1997. In October of 1997, the petitions were submitted to the Legislature. In February of 1998, the first public hearing was held wherein comments were made, including the comment that some parcels were not included. Subsequent to tonight's public hearing, Elaine Dalrymple and himself identified the parcels to be included. John then prepared an informal mailing to the 50+ proposed added landowners. Following that, the database, map and plan were presented to the Legislature in May of 1998 and approved. All the final documents were then sent to NYS Department of Agriculture & Markets for approval. John noted that the County just received certification of Agricultural District #2 earlier this month. Due to the wording of the law, a second public hearing is required because of the added parcels.

Bob Chadeayne, representing the Schuyler County Farm Bureau, stated that the Bureau consists of 186 family members and is very supportive of this district. He strongly urged the Legislature to move forward and adopt the District. He also supports the District as a property owner and farmer within the District. He thinks it is a wise approach to preserving farm land.

Chairman Gifford asked about the time line for adoption of the appropriate resolution and it was noted that it will be on the April 12, 1999 Regular Meeting Agenda of the Legislature.

Legislator Hastings congratulated John and Elaine on the certification and commended them for their hard work.

Ben Dickens feels the District will afford better protection as far as farm laws are concerned.

Charlie Fausold, Director of Cornell Cooperative Extension, noted that Southern Tier Central Regional Planning and Development Board had a seminar on agricultural districts. Chemung and Steuben Counties have real scattered districts. Schuyler County was held up as a model district.

The Public Hearing adjourned at 6:13 p.m.

Gail M. Willis, Clerk

REGULAR MEETING
APRIL 12, 1999

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

PUBLIC PARTICIPATION:

Judith Hatsell, a homeowner on County Route 17, requested that the Legislature contact the NYS Department of Transportation (DOT) to discuss State Route 414 and its nine-ton truck limit. County Route 17 is more dangerous now that trucks over nine tons are using it rather than State Route 414. There is a large turn at the foot of the hill. She has nearly been hit twice. She has spoken with Mr. Funk and someone at the Hornell Office. There is currently a five-ton weight limit on County Route 17 and trucks are way beyond that limit.

Tom Viglione said he also lives on County Route 17. He gave some history and reports of accidents that have occurred there. In the past few years the County Highway Department has been the worst offender. The speed limit has been reduced on Route 329, but from the top of Route 17 to the stop sign at the bottom of the hill the speed limit is 55.

Kathleen Trader said she lives in the Village of Watkins Glen. She feels that traffic has increased at the intersection of Routes 329 and 419 near the State Park. There are speed limits and stop signs, but the weight of the trucks seems to be the biggest problem.

Legislator Little said he just talked to the Highway Superintendent, Greg Mathews, today regarding this issue. He explained that the County is in a position, because the State DOT has just recently denied the County access to State Route 414. He agrees the truck traffic needs to be limited. He estimates that Greg is sparing in passing out permits, and tickets have been issued in an attempt to stop it. Legislator Hastings feels the Legislature should have a meeting with the State DOT and asked the Public Works Committee to see that this is arranged.

PRESENTATION BY THE SOUTHERN TIER TOBACCO AWARENESS COALITION: The speakers were Loretta Casey-Sutherland, Margaret Collins and Holley Widanka. Holley said she has been very involved with this coalition. She stated that the proposal for a law to disallow smoking has been successful. Livingston County has passed a local law that will become effective this summer and there is one pending in Wayne County. For the new Legislators, she re-iterated some figures and statistics. She then talked about second-hand smoke and non-smoking sections in restaurants. This is done to protect people, not to restrict or eliminate smokers. When a County is considering such policies, it should not be limited to only restaurants. She also discussed smoking in the workplace. Margaret Collins commended Schuyler County for thinking big, if they should let this proposal move forward. Some arguments against this that they have heard are doubts on the credible studies done on second-hand smoke and its link to heart disease. The second issue you will hear is the negative impact on business. There are no studies that have proven that. The third issue is one of opinion. Some feel there is already too much government intervention however, this is a public health issue and the public demands that the government should protect them. Finally, some feel the counties should wait for the State or Federal Government to adopt some regulations before local governments consider them. She feels this should be passed at a local level. Legislator Karius stated that this issue will be discussed in the Health Services Committee meeting this month.

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

    RE: APPROVE MINUTES OF THE MARCH 8, 1999 REGULAR MEETING AND MARCH 25, 1999 PUBLIC HEARING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the March 8, 1999 Regular Meeting and March 25, 1999 Public Hearing of the Schuyler County Legislature be approved.

VOTE: Passed 8-0.

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

    RE: ACCEPT/REJECT BIDS FOR ICE CONTROL SAND

WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999.

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. 103 Motion by Hastings, Second by Little.

    RE: AUTHORIZE APPLICATION AND CONTRACT FOR FY98 LAW ENFORCEMENT BLOCK GRANT FUNDS - SHERIFF

WHEREAS, grant monies have been made available by the Bureau of Justice Assistance and the NYS Division of Criminal Justice Services for the purpose of assisting the Schuyler County Sheriff's Department in funding mobile computer capabilities which are compatible with NYS software applications utilized by said Department.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County Sheriff to submit a grant application for FY98 Local Law Enforcement Block Grant funds, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County Sheriff be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $49,389.00, including a 10% money match obligation, funded in the Sheriff's 1999 budget; said documents subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

    RE: RE-APPOINTMENT TO LOCAL CONDITIONAL RELEASE COMMISSION

WHEREAS, Ronald G. Alexander was appointed to serve on the Local Conditional Release Commission for a period of four (4) years pursuant to Resolution No. 172 of 1991 and was re-appointed for the period of four (4) years, to expire on April 14, 1999 and

WHEREAS, Mr. Alexander is willing to continue serving on said Commission.

NOW, THEREFORE, BE IT RESOLVED, Ronald G. Alexander be re-appointed to serve on the Local Conditional Release Commission for a term of four (4) years commencing on April 15, 1999 and terminating on April 14, 2003.

VOTE: Passed 8-0.

RESOLUTION NO. 105 Motion by Little, Second by Marvel.

    RE: AUTHORIZE CONTRACT RENEWAL WITH THE VILLAGE OF MONTOUR FALLS - SHERIFF'S DEPARTMENT

WHEREAS, the County of Schuyler (Sheriff's Department) has been contracting with the Village of Montour Falls for extra police protection, and

WHEREAS, the Village of Montour Falls wishes to contract again for these services for 1999.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Schuyler County Sheriff are hereby authorized to sign an agreement with the Village of Montour Falls for police services for the term 6/1/99-10/31/99 in an amount not to exceed $6,240.00 unless extended by the Village of Montour Falls; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE TRANSFER OF FUNDS FOR PERMANENT IMPROVEMENTS - HIGHWAY

WHEREAS, the Highway Superintendent has recommended that the County Route 6 reconstruction project be delayed, and

WHEREAS, the Highway Superintendent further recommends transferring this money to begin the County Route 19 Bridge Replacement project and budget the County Route 6 project in Year 2000 if needed.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer $132,000 from Permanent Improvement, Reconstruction County Route 6, account no. 5112.569 to County Route 19 Bridge Replacement, account number 5120.569.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE ADVERTISEMENT FOR CONSTRUCTION OF COUNTY ROAD #19 BRIDGE, NORTH OF COOLEY ROAD

WHEREAS, Schuyler County accepted a proposal for engineering services for County Road #19 bridge replacement over Tributary to Falls Creek, Town of Dix, 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 Road 19 Bridge, and

BE IT FURTHER RESOLVED, that bids will be opened at the April 29, 1999 Public Works Committee meeting. The County of Schuyler reserves the right to accept or reject any and all bids.

VOTE: Passed 8-0.

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

    RE: AMEND CONTRACT FOR NYSDOH LEAD POISONING PREVENTION PROGRAM GRANT AND ESTABLISH 1999-2000 BUDGET - PUBLIC HEALTH

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 was awarded $25,000 for the fifth year of this grant contract, from April 1, 1999 through March 31, 2000.

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, 1999 through March 31, 2000, in the amount of $25,000; subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the 1999 - 2000 budget be established as follows:

$11,780 to account no. 4010.100-4062 - Personal Services
$ 4,000 to account no. 4010.208-4062 - Computer Equipment
$ 300 to account no. 4010.429-4062 - Supplies
$ 300 to account no. 4010.433-4062 - Postage
$ 100 to account no. 4010.440-4062 - Travel
$ 300 to account no. 4010.472-4062 - P.R., Brochures
$ 7,220 to account no. 4010.489-4062 - Fringe Benefits
$ 1,000 to account no. 4010.579-4062 - Lead Testing
$25,000 TOTAL EXPENSES

VOTE: Passed 8-0.

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

    RE: AMEND 1999 COUNTY BUDGET - MENTAL HEALTH

WHEREAS, additional funding has been approved for the Schuyler County Mental Health Clinic, and the following budget modifications are required.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to create the following accounts:

REVENUE
Federal Salary Sharing Funds 4310-4490-4315 $57,640
EXPENSES
Equipment 4310.200-4315 $35,000
Professional Services 4310.435-4315 $22,640, and

BE IT FURTHER RESOLVED, that this Legislature authorizes the expenditures of these new funds.

VOTE: Passed 8-0.

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

    RE: AMEND ALCOHOLISM SERVICE PROVIDERS 1999 AGREEMENTS - MENTAL HEALTH

WHEREAS, 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., and the following agreement and budget modifications are required.

NOW, THEREFORE, BE IT RESOLVED, that 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, and

BE IT FURTHER RESOLVED, that the Chairman of this Legislature be authorized to approve such amended agreement, subject to approval by the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that this Legislature authorizes the Schuyler County Treasurer to amend the 1999 County budget accordingly as follows:

REVENUE
State Funds 4322-3490 $25,000
EXPENSES
Finger Lakes Alcoholism Counseling and Referral Agency 4322.0336 $ 7,900
Council on Alcoholism & Other Chemical Dependencies of the Finger Lakes, Inc. 4322.0550 $17,100

VOTE: Passed 8-0.

RESOLUTION NO. 111 Motion by Karius, Second by Young.

    RE: AMEND 1998 COUNCIL ON ALCOHOLISM & OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES, INC. AGREEMENT - MENTAL HEALTH

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

NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services is hereby authorized to execute an amendment to the agreement with the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes Inc., for the amount outlined below, and

BE IT FURTHER RESOLVED, that the Chairman of this Legislature be authorized to approve such amended agreement, subject to approval by 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
State Funds 4322-3490 $ 7,200
EXPENSES
Council on Alcoholism & Other Chemical Dependencies of the Finger Lakes, Inc. 4322.0550 $ 7,200

VOTE: Passed 8-0.

RESOLUTION NO. 112 Motion by Karius, Second by Young.

    RE: DECLARE APRIL AS "ALCOHOL AWARENESS MONTH"

WHEREAS, the consumption of alcohol and other drugs often results in enormous personal, economic and social consequences for many individuals, and

WHEREAS, it is essential that a full range of appropriate and needed alcoholism and substance abuse treatment and prevention services remain available and accessible in the community, providing a continuum of quality programming in a cost-efficient and effective manner for addicted persons, family members and others at risk.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature extends its recognition and appreciation to all the staff at the Finger Lakes Addictions Counseling and Referral Agency and the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc. for the important and dedicated services they provide, and

BE IT FURTHER RESOLVED, that this Legislature recognizes April as "Alcohol Awareness Month".

VOTE: Passed 8-0.

RESOLUTION NO. 113 Motion by Karius, Second by Young.

    RE: AUTHORIZE CREATION AND FILLING OF TWO SENIOR STAFF SOCIAL WORKERS - MENTAL HEALTH

WHEREAS, the need exists to create two Senior Staff Social Worker positions in the Schuyler County Mental Health Department, and

WHEREAS, both individuals have picked up additional duties with the absence of a Supervising Social Worker, and

WHEREAS, upon the successful filling of these positions, the two Staff Social Worker positions would be abolished, and

WHEREAS, there is adequate funding in the departmental budget to cover these increases.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services be authorized to create and fill two Senior Staff Social Worker positions, Grade Level XXIX, at an hourly rate of $17.73, effective immediately, and

BE IT FURTHER RESOLVED, that upon the successful filling of the two Senior Staff Social Worker positions, the two Staff Social Worker positions will be abolished.

VOTE: Passed 8-0.

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

    RE: AUTHORIZATION TO FILL HALF-TIME REGISTERED PROFESSIONAL NURSE POSITION - PUBLIC HEALTH

WHEREAS, Resolution No. 366-85 requires Legislative action to fill a position which has been vacant more than 90 days.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of Public Health to fill a vacant half-time Registered Professional Nurse Position in Public Health, Grade Level XXIII, at an hourly rate of $13.40, effective immediately. Funding for this position is available in the 1999 County budget.

VOTE: Passed 8-0.

RESOLUTION NO. 115 Motion by Little, Second by Marvel.

    RE: AUTHORIZE PURCHASE OF DATACRON SYSTEM - PUBLIC HEALTH

WHEREAS, the Public Health/Home Health Agency is in need of upgrading their current computer billing system, and

WHEREAS, the Datacron System is the Management Information System (MIS) which the SAY Network (Schuyler, Steuben, Allegany, Yates Counties Network) has selected, and

WHEREAS, this system appears to be the system that best meets the need of the department currently, and

WHEREAS, funding for the same is available in the 1999 County budget in the amount of $48,500 in account no. 4010.278.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the purchase of the Datacron System by the Public Health/Home Health Agency in an amount not to exceed $64,000, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Datacron System for the above-referenced software, subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Treasurer be authorized to transfer the following funds in the 1999 County Budget as follows:

FROM ACCOUNT NO. TO ACCOUNT NO. AMOUNT

    4010.468                      4010.278                      $7,500
    4010.435                      4010.278                      $5,000
    4010.429                      4010.278                      $2,000
    4010.407                      4010.278                      $1,000

VOTE: Passed 8-0.

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

    RE: APPOINTMENT TO SAY NETWORK - PUBLIC HEALTH

WHEREAS, Steuben, Schuyler, Allegany and Yates Counties are participating in a study group, The SAY Network, to explore the possible advantages of a multi-County health agency, and

WHEREAS, it is requested that a Legislative representative be included in this study group.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoints Doris Karius as the Legislative representative to the SAY Network, effective immediately.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE CHANGE OF TITLE FOR POSITION IN MENTAL HEALTH

WHEREAS, the Director of Community Services/Public Health Director requested the Schuyler County Personnel Officer to review the position of Data Entry Machine Operator (Grade VIII) to determine if the duties had changed significantly enough to merit reclassification, and

WHEREAS, upon review of the job classification questionnaire submitted by the incumbent and the appointing authority, the Personnel Officer did reclassify the position to be titled Sr. Data Entry Operator (Grade XII).

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does acknowledge the Personnel Officer's action, and

BE IT FURTHER RESOLVED, that the title of Joan Voorheis shall become Sr. Data Entry Operator effective April 12, 1999 and that the salary shall be $10.93/hr., funding available in the 1999 Mental Health budget. VOTE: Passed 8-0.

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

    RE: AUTHORIZE PURCHASE OF CHAIRS/TRANSFER OF FUNDS - LEGISLATURE

WHEREAS, there is $200 in 1999 equipment funds for a headset that is not going to be purchased, and

WHEREAS, the Legislators are in need of chairs, and

WHEREAS, the cost for nine new chairs is approximately $274 plus shipping.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer $80 from Legislative account no. 1010.431 to account no. 1010.206.

VOTE: Passed 8-0.

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

    RE: RESOLUTION OF SUPPORT FOR CONTINUED HORSE RACING AT BATAVIA DOWNS

WHEREAS, Batavia Downs has the singular distinction of being the oldest continually operating nighttime harness horse racetrack in North America, and

WHEREAS, in it over half century of operation, the "Downs" has become part of the fabric of this community, and

WHEREAS, in the face of competition from other gaming and entertainment forums, Batavia's owners were forced to seek an eligible successor, and

WHEREAS, Western Regional Off-Track Betting Corporation (WROTB) was created by the New York State Legislature in 1974 to support the horse breeding farms and racetracks of this area and generate revenues for its participating municipalities and has sought to continue the tradition of Batavia Downs, and

WHEREAS, the racing community, including the horsemen who compete for racing accolades, have endorsed WROTB's efforts, and

WHEREAS, the survival of Batavia Downs translates to jobs and economic development in general for this community.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby go on record encouraging the efforts of WROTB to save Batavia Downs as an integral part of the horse breeding and racing industry, as well as commerce, in Western New York, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby implore the New York State Racing and Wagering Board to authorize WROTB to continue the tradition of harness horse racing at this Batavia landmark for the benefit of not only horse breeder and owners, and its patrons, but the community in general, provided that such funds do not involve taxpayer money, and

BE IT FURTHER RESOLVED, that to insure a united front for those worthy cause, copies of this resolution be forwarded to Governor George E. Pataki, Senator John R. Kuhl, Jr., Assemblyman James Bacalles and the Inter-County Association of Western New York.

VOTE: Passed 8-0.

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

    RE: PROCLAIM WEEK OF MAY 2-8, 1999 AS "NATIONAL TOURISM WEEK"

WHEREAS, National Tourism Week for 1999 is being celebrated nationally from May 2-8, 1999, 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, the Schuyler County Chamber of Commerce also promotes tourism in our region, 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 2-8, 1999 as National Tourism Week in Schuyler County and National Recognition Day May 6, 1999, 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. 121 Motion by Little, Second by Karius.

    RE: AUTHORIZE SECTION 18 ANNUAL GRANT APPLICATIONS - AS AMENDED

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 1999-2000 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. 122 Motion by Little, Second by Karius.

    RE: APPOINTMENT - SCHUYLER COUNTY PLANNING COMMISSION

BE IT RESOLVED, that this Legislature approve the appointment of George Bulin as agricultural representative to the Schuyler County Planning Commission effective immediately and terminating December 31, 2000.

VOTE: Passed 8-0.

RESOLUTION NO. 123 Motion by Hastings, Second by Karius.

    RE: A RESOLUTION PROVIDING FOR THE CREATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT #2

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:

• •eligibility for agricultural assessments
• •limitation on local regulations which inhibit farming operations, unless necessary for public health and safety
• •encouragement of consistency with agricultural district program objectives by state agencies and policies
• •limitations on the exercise of eminent domain and other public acquisitions
• •notice requirements on public actions and review of the effect of such actions on farming
• •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
• •four year property tax exemptions for lands on which there are certain crop or orchard replantings or extensions
• •promotion of the coordination of local planning and land use decision making with the agricultural district program
• •provides a limited defense from public nuisance lawsuits against sound agricultural practices 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 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 Schuyler County Legislature provided for an initial public comment period 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, the Schuyler County Legislature subsequently 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 further studied the matter and developed a proposed modification to the original

agricultural district proposal, and

WHEREAS, the original Agricultural District #2 proposal together with the proposed modifications were presented to the Schuyler County Legislature on May 11, 1998, at which time the agricultural district plan was adopted, and

WHEREAS, said plan was forwarded to the NYS Commissioner of Agriculture and Markets for certification pursuant to Section 303 of Article 25AA of the Agriculture and Markets Law of New York State, which certification

was approved by letter on March 4, 1999 by the Commissioner, and

WHEREAS, a second public hearing on the creation of Agricultural District #2 was held March 25, 1999, due to the modifications made and adopted by the Legislature subsequent to the first public hearing, and

WHEREAS, Section 303 of Article 25AA of the Agriculture and Markets Law of New York State provides that a County legislative body may, following certification by the State, cause the district to become effective immediately by it positive action,

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

• That Schuyler County Agricultural District #2 as described by the attached database of tax parcels is hereby formally created, effective immediately.
• The review period for Agricultural District #2 shall be eight years.

VOTE: Passed 8-0.

RESOLUTION NO. 124 Motion by Hastings, Second by Karius.

    RE: ACCEPT PROPOSAL FROM HURON RECOVERY INCORPORATED FOR TIRE COLLECTION DAY

WHEREAS, the Recycling/Solid Waste Office of Cornell Cooperative Extension has solicited quotes for a Tire Collection Day program, and

WHEREAS, Cornell Cooperative Extension will reimburse Schuyler County for the cost incurred from this program, including any advertising expenses.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Community Development and Natural Resources Committee, the Recycling/Solid Waste Office of Cornell Cooperative Extension, and Schuyler County Attorney, this Legislature hereby accept the proposal from Huron Recovery Incorporated in the amount of $1,300.00, to be funded from account no. 8160.346, for a Tire Collection Day to be held on Saturday, May 15, 1999 at the Schuyler County Highway Barns, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute any and all documents necessary to effectuate the above-referenced proposal acceptance; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 125 Motion by Hastings, Second by Karius.

RE: AUTHORIZE PURCHASE OF FAX/PRINTER AND TRANSFER OF FUNDS - YOUTH BUREAU

WHEREAS, the Youth Bureau is in need of a fax machine and printer, and

WHEREAS, the Youth Bureau did not create a line item for equipment purchase.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to create a line item for a printer/fax in the Youth Bureau's Budget and transfer $500.00 from account no. 7310.0316 to account no. 7310.246.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE CONTRACT BETWEEN THE DEPARTMENT OF SOCIAL SERVICES AND CENTRAL DATA PROCESSING

WHEREAS, Schuyler County Central Data Processing provides computer support services to the Department of Social Services, and

WHEREAS, the Department of Social Services has $4,000 to pay for these services in 1999, in account no. 6010.435.

NOW, THEREFORE BE IT RESOLVED, that the Department of Social Services is hereby authorized to execute a contract with Central Data Processing for computer support services in the amount of $4,000 from January 1, 1999 through December 31, 1999; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE REINSTATEMENT OF TWO TYPISTS IN THE DEPARTMENT OF SOCIAL SERVICES

WHEREAS, the Children's Service unit of the Department of Social Services is authorized eight caseworker positions, and

WHEREAS, one of the positions is vacant, two are filled with caseworkers with less than three months experience, three of the positions are filled with caseworkers on extended absence, leaving only two experienced caseworkers to do the work of eight, and

WHEREAS, a typist help can assist caseworkers by inputting their case notes to the CONNECTIONS computer system, thus allowing the caseworkers to concentrate on conducting the actual investigations, and

WHEREAS, the local bargaining unit of CSEA has been consulted and has voiced no objection to the following proposal.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services is authorized to reinstate two typists, for not more than six months, at an hourly rate of $8.97 per hour from funds available in account no. 6010.100 due to vacancies, at a cost not to exceed $7,500.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE THE CREATION AND FILLING OF A CASEWORKER POSITION - DEPARTMENT OF SOCIAL SERVICES

WHEREAS, the current authorized positions in the Department of Social Services Children’s Services unit consists of one Supervising Caseworker, two Senior Caseworkers, and five Caseworkers, and

WHEREAS, there are seven workers currently filling the positions, and

WHEREAS, the person filling one of the Senior Caseworker positions has requested that she revert back to being a caseworker, and

WHEREAS, Civil Service regulations preclude the filling of a Senior Caseworker position with a Caseworker, and

WHEREAS, the Commissioner of the Department of Social Services desires to fill the position with a caseworker currently working in the Wyoming County Department of Social Services who is requesting a transfer to Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to create and fill a caseworker position, to be compensated at a salary appropriate for an employee in a lateral transfer, effective immediately, with the understanding that the total number of workers assigned to the Children’s Services unit shall not exceed the currently authorized eight.

VOTE: Passed 8-0.

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

    RE: AUTHORIZE AN AGREEMENT BETWEEN SCHUYLER COUNTY AND THE ARC OF SCHUYLER COUNTY FOR THE TRANSPORTATION OF DEPARTMENT OF SOCIAL SERVICES CLIENTS

WHEREAS, there is a lack of reliable public transportation in Schuyler County, and

WHEREAS, the Department of Social Services has clients who require transportation in the evenings to various agencies/activities as part of their preventive services plan, and

WHEREAS, the Arc of Schuyler County will provide transportation to Social Services' clients in the evenings at a cost of $30.00 per hour drive time and $15.00 per hour wait time, and

WHEREAS, the establishment of this agreement will not increase the Department of Social Services' budget, as a portion of the funds will be from the Department's JD/PINS Cap Savings grant, and the rest of the funding will be from currently appropriated sources.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the Arc of Schuyler County to provide transportation services to Social Services' clients at the above-stated rates, for a total cost not to exceed $5,000, subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the funds be a combination of appropriated and NYS grant funds.

VOTE: Passed 8-0.

RESOLUTION NO. 130A Motion by Bleiler, Second by Marvel.

    RE: MOTION TO TABLE RESOLUTION NO. 130 FOR ONE MONTH - FAILED

BE IT RESOLVED, that Resolution No. 130 be tabled for one month.

DISCUSSION: Legislator Bleiler stated that a free review of the Computer Needs Assessment Report from Corning, Inc. will be happening soon and he suggested that this resolution be tabled. Legislator Larison feels the County needs this position on board now. Legislator Hastings said the position has been budgeted for and is badly needed. Regardless of the result of the review, this position should be filled. Legislator Marvel agrees they need to do something, but feels there is no reason to rush at this time. He encouraged the Board to hear the outcome of the review. Legislator Bleiler stated that the salary was budgeted for half a year and it should be able to wait until July. Legislator Hastings said she relies on the Chairman of the Governmental Operations Committee to know what is best for this County. Legislator Bleiler explained that Corning, Inc. just wants to analyze the survey prepared by the County. Legislator Young said she is concerned that they may not be able to get someone on board before the year 2000 if it is delayed any longer. In looking at the job description, she would like to have this person be able to search for grants for all County departments as they appear on the Internet as well as do Central Data Processing work. Legislator Hastings asked to hear from the department head. Tom Bloodgood said he is encouraged just by the tone of the debate. Before, the argument was, do we want to do this, yes or no, now it is how can we do this. He will continue to reflect back to the Needs Assessment done with Southern Tier Central. He feels it is a pretty good survey and has some good recommendations. Corning Community College has looked at it and they endorsed it. He highlighted the recommendations. When he came to his committee last month with this resolution he read from a textbook that said it is rule of thumb to have one and a half full-time staff to run fifty work stations. That is what was budgeted for and what he is asking for. He urged the Legislators to pass this resolution. He is not against having someone from Corning, Inc. review the report, however, he will need staff to implement it. He welcomes their recommendations. Legislator Young asked if she could get a copy of the job specifications.

VOTE: Failed 2-6. Noes: Young, Karius, Larison, Marvel, Hastings, Little.

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

    RE: AUTHORIZE THE CREATION AND FILLING OF AN ASSISTANT COORDINATOR OF COMPUTER SERVICES - CENTRAL DATA PROCESSING

WHEREAS, the County is in need of full-time, on-site computer support to enhance the efficiency of the Information Technology program and to facilitate data sharing and the automation of core business processes, and

WHEREAS, the needs assessment conducted by the Southern Tier Central Regional Planning Board indicates that the hiring of additional computer support staff is the County's top Information Technology priority, and

WHEREAS, it is the recommendation of both the Computer Coordination Committee and the Governmental Operations Committee to create and fill this position, and

WHEREAS, there is funding available for this position in the 1999 County budget, and

WHEREAS, the Personnel Officer has reviewed the duties statement presented and has titled the position as Assistant Coordinator of Computer Services in Grade Level E of the Management/Confidential salary plan.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approve the creation of the above said position, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature authorize the Chairman of the Computer Coordination Committee to advertise and fill said position immediately.

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

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

    RE: DECLARE EQUIPMENT JUNK - PUBLIC HEALTH DEPARTMENT

WHEREAS, the Public Health Department has had water damage to their offices, and
WHEREAS, the items listed became unusable, and
WHEREAS, the list has been forwarded to the insurance carrier for processing.
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare the listed items as junk, and

BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor remove said items and dispose in the proper manner:

1 Micro X 15" SVGA monitor S/N CP7B56845
1 Mitsumi Keyboard S/N KPQ E99ZC-13
1 Canon MP21D Calculator S/N 60800063
1 Microsoft Serial Mouse
1 CP55 Multimedia Speaker System
1 Nova 233Mhz Computer S/N 9107737205743011468HCF000 PH004
1 US Robotics Modem S/N 21YR2478FKFH
1 Oki Data OL810 Laser Printer S/N 207A0008282
1 TA Adler Typewriter S/N CID8A6EDK

VOTE: Passed 8-0.

RESOLUTION NO. 132 Motion by Little, Second by Bleiler.

    RE: ACCEPT BID FOR USED TANDEM AXLE TRUCK FOR THE HIGHWAY DEPARTMENT

WHEREAS, advertisement was done for bids for a used tandem axle truck, bids were received and opened April 1, 1999.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the County Highway Superintendent, this Legislature hereby accept the following bid:

Westacott Truck & Equipment Co., Inc.
1030 E. Main Street
Rochester, NY 14609
$49,000 for a 1995 Mack, and

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

Alliance International Tracey Road Equipment, Inc. Marshall & Houseman, Inc
284 Wyecroft Road 6803 Manlius Center Road P.O. Box 70, Route 5 East
Oakville, Ontario Canada L6K2H2 East Syracuse, NY 13057 Sherrill, NY

VOTE: Passed 8-0.

RESOLUTION NO. 133 Motion by Little, Second by Bleiler.

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

WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999.

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

ONLY BID RECEIVED
Chemung Supply Corporation
PO Box 527
Elmira, NY 14902

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

VOTE: Passed 8-0.

RESOLUTION NO. 134 Motion by Little, Second by Bleiler.

    RE: ACCEPT BIDS FOR CRUSHED LIMESTONE & CRUSHED GRAVEL

WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999.

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

ALL BIDS ACCEPTED

Hanson Aggregates New York Dalrymple Gravel & Contracting
P.O. Box 9 2105 S. Broadway
Oaks Comers, NY 14518 Pine City, NY 14871

BR DeWitt, Inc. Seneca Stone Corporation
6895 Ellicott Street PO Box 76
Pavilion, NY 14525 Fayette, NY 13065

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

VOTE: Passed 8-0.

RESOLUTION NO. 135 Motion by Little, Second by Bleiler.

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

WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999.

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 Cty. Rte 65, PO Box 590
Alpine, NY 14805 Hornell, NY 14843

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

BR. 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. 136 Motion by Little, Second by Bleiler.

    RE: ACCEPT BID FOR TREE & STUMP REMOVAL

WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999.

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, NY 14893

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

VOTE: Passed 8-0.

RESOLUTION NO. 137 Motion by Little, Second by Bleiler.

    RE: ACCEPT BIDS FOR USED STEEL PIPE

WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999.

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

Chemung Supply Corporation Allegany Pipe & Tubular Products
P.O. Box 527 2954 CR 22
Elmira, NY 14902 Andover, NY 14806
Items 2, 3, 8, 10, 11, 14, 17, 19 Only Items 1, 3, 4, 6, 7, 9, 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. 138 Motion by Little, Second by Bleiler.

    RE: ACCEPT BID FOR STEEL BELTED RADIAL TIRES

WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999.

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

ONLY BID RECEIVED
Ron Parmenter Motors, Inc.
2640 State Route 14
Montour Falls, NY 14865

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

VOTE: Passed 8-0.

RESOLUTION NO. 139 Motion by Little, Second by Bleiler.

    RE: ACCEPT BID FOR GUIDERAIL

WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999.

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, NY 14902

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

VOTE: Passed 8-0.

RESOLUTION NO. 140 Motion by Little, Second by Bleiler.

    RE: ACCEPT BIDS FOR SIGNS, POSTS, EXTENSIONS & SIGN BLANKS

WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999.

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, NY 14902 Hammondsport, NY 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 Little, Second by Bleiler.

    RE: ACCEPT/REJECT BIDS FOR READY-MIX CONCRETE AND RETAINING WALL BLOCKS

WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999.

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

FOR READY-MIX CONCRETE:
B. R. DeWitt, Inc.
6895 Ellicott Street
Pavilion, NY 14525

FOR RETAINING WALL BLOCKS:
Chemung Supply Corporation
P.O. Box 527
Elmira, NY 14902, and

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

Dalrymple Gravel & Contracting Co.
2105 S. Broadway
Pine City, NY 14871

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

VOTE: Passed 8-0.

RESOLUTION NO. 142 Motion by Little, Second by Bleiler.

RE: ACCEPT BIDS FOR COLD MIX PATCHING MATERIALS

WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999.

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. Hanson Aggregates New York
2105 S. Broadway P. O. Box 9
Pine City, NY 14871 Oaks Corners, NY 14518

Seneca Stone Corporation IMUS, Inc.
PO Box 76 800 Black River Blvd.
Fayette, NY 13065 Rome, NY 13440

Central Asphalt
20 Fairground Lane
Watkins Glen NY 14891

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

VOTE: Passed 8-0.

RESOLUTION NO. 143 Motion by Little, Second by Bleiler.

    RE: ACCEPT/REJECT BIDS FOR PAVEMENT MARKINGS

WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999.

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

M & S Striping Co.
134 Florence St.
Mamaroneck, NY 10543, and

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

Chemi-Trol Chemical Co
2776 C.R. 69
Gibson, Ohio 43431

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

VOTE: Passed 8-0.

RESOLUTION NO. 144 Motion by Little, Second by Bleiler.

RE: ACCEPT BIDS FOR ASPHALT EMULSIONS

WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999.

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

Vestal Asphalt Penn-Can Road Materials
201 Stage Road PO Box 6501
Vestal, NY 13850 Syracuse, NY 13217

Central Asphalt A.L. Blades & Sons, Inc.
20 Fairground Lane 7610 CR - 65, PO Box 590
Watkins Glen, NY 14891 Hornell, NY 14843-0590

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

VOTE: Passed 8-0.

RESOLUTION NO. 145 Motion by Little, Second by Bleiler.

RE: ACCEPT BID FOR STEEL PLATE, POLYETHYLENE PIPE, NEW & USED BRIDGE AND SHOP STEEL

WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999.

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

ONLY BID RECEIVED
Chemung Supply Corporation
PO Box 527
Elmira, NY 14902

Copies of this bid are available for inspection at the Highway Office.

VOTE: Passed 8-0.

RESOLUTION NO. 146 Motion by Little, Second by Bleiler.

RE: ACCEPT BIDS FOR USED BITUMINOUS CONCRETE ASPHALT

WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999.

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. Hanson Aggregates New York
6869 Ellicott St. PO Box 9
Pavilion, NY 14525-9614 Oaks Corner, NY 14518

Dalrymple Gravel & Cont., Co. SCL Ventures LLC
2105 S. Broadway PO Box 191
Pine City, NY 14871 Mechanicsville, NY 12118

Seneca Stone Corporation
PO Box 76
Fayette, NY 13065

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

VOTE: Passed 8-0.

RESOLUTION NO. 147 Motion by Bleiler, Second by Larison.

    RE: AUTHORIZE THREE (3) RESOLUTIONS BE BROUGHT TO THE FLOOR
BE IT RESOLVED, that three (3) resolutions be brought to the floor.

VOTE: Passed 8-0.

RESOLUTION NO. 148 Motion by Little, Second by Marvel.

    RE: PROCLAIM WEEK OF APRIL 18-24, 1999 AS "VOLUNTEER WEEK"

WHEREAS, the citizens of Schuyler County have, through selfless dedication, given of themselves for the betterment of this community, and

WHEREAS, these citizens serve, through countless hours of volunteering, the agencies and institutions of Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature does hereby proclaim April 18-24, 1999 as "Volunteer Week" in Schuyler County, and

BE IT FURTHER RESOLVED, the Legislature further hopes that these dedicated volunteers continue to enrich our lives, through their most excellent example; their warmth, commitment and generosity, being an inspiration to us all. To each of them we express the thanks of a grateful citizenry.

VOTE: Passed 8-0.

RESOLUTION NO. 149 Motion by Little, Second by Marvel.

    RE: AUTHORIZE CHAIRMAN TO SIGN APPLICATION FORMS FOR THE ADOPTION OF THE AMENDED AND RESTATED DEFERRED COMPENSATION MODEL PLAN AND SELECTION OF FINANCIAL ORGANIZATION FOR TRUSTEE SERVICES

WHEREAS, Resolution No. 440-98 adopted the amended and restated deferred compensation model plan and selection of financial organization for trustee services, and

WHEREAS, the application forms are now in order and ready for signature.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is hereby authorized to sign the application forms with PEBSCO of New York to administer the Deferred Compensation Plan for Schuyler County; subject to approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 150 Motion by Little, Second by Marvel.

    RE: RESOLUTION URGING THE RESTORATION OF CRITICAL FUNDING FOR THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION

WHEREAS, included in the 1999/2000 Executive Budget submission to the New York State Legislature is a $367,000,000 funding cut for State and local highway and bridge construction, design and engineering services, and

WHEREAS, these budget cuts strike at programs with proven records for accomplishment for sustaining transportation infrastructure, promoting motorist safety and sustaining construction and related jobs at the local government level, and

WHEREAS, to fund these vital programs at lower levels is to permit the further deterioration of our transportation infrastructure so vital to the economic well being of the State of New York and to the safety and welfare of its citizens, and

WHEREAS, there is a critical need to upgrade Route 219 in Cattaraugus County, Route 15 in Steuben County, and to upgrade the entire length of Route 17 to interstate standards (I-86) for the economic growth of the Southern Tier region of New York State, and

WHEREAS, it was expected that the State of New York would follow the example of the Transportation Equity Act for the 21^st Century (TEA 21) which will increase the Federal investment in New York State's infrastructure by billions over the life of the Act.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby urge the New York State Legislature to restore and increase this critical funding, and

BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to Governor George Pataki, Senator John R. Kuhl, JR., Assemblyman James Bacalles, Senator Majority Leader Joseph Bruno, Assembly Speaker Sheldon Silver, NYSAC, The New York State Department of Transportation (Albany and Hornell) and the County Highway Superintendents Association.

VOTE: Passed 8-0.

REPORT ON STANDING COMMITTEES:

Legislator Hastings reported on the Public Safety/Criminal Justice Committee. The committee visited the dog shelter recently. They will be discussing the conditions at next month's meeting. The Sheriff will be adding more signs to promote the shelter and the Humane Society is working on an open house for May 1, 1999 from 2-4:00 p.m.

Legislator Young reported on the Human Services Committee. The Child Care Coordinating Council has a new Director. She attended her first Economic Opportunity Program (EOP) meeting on March 23, 1999 and will be interested to see if the State renews our housing monies through EOP.

Legislator Bleiler reported on the Management and Finance Committee. He announced a change in the meeting dates. Management will be the fourth Monday and Finance will be the fourth Tuesday of each month. Legislative Resolution Review Committee will be held the first Monday of the month to review resolutions. This enables the committee to spend more time on finance and budgetary items. The next Jet training session will be April 14, 1999 on goals. The Legislature recently had a gentleman from Amtek here to help us look at the way we do business in the County. He came to talk to us about identifying reasons why an administrator would help us be more successful or if we can afford one. He feels the County should not hire him for his services. He feels the Legislators need to meet more amongst themselves and develop a philosophy.

Legislator Larison reported on the Governmental Operations Committee. All of the departments that report to his committee are on track with their budget, with the exception of the Board of Elections and the purchase of a new file cabinet.

UNFINISHED BUSINESS: None.

NEW BUSINESS:

Legislator Hastings reported that the CAST sub-committee met on raising the age in which a person is able to leave school without their parents permission. They are suggesting it be raised from 16 to18 years old. There has been no decision made yet.

PUBLIC PARTICIPATION:

Robert Burnside said he has to speak on the Central Data Processing Resolution. He feels it is a great step forward for Schuyler County. He feels the County is heading in the right direction and encouraged the Board to keep up the good work.

Randy Deal said he agrees with Robert Burnside, the County is on the right track. He did Tom Bloodgood's
job at Madison County, both Real Property Tax Director and Director of Central Data Processing. He had a staff of four and knows how County government works. He feels the County does need an in-house person.

The meeting adjourned at 8:10 p.m.

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

SPECIAL MEETING
APRIL 20, 1999

The Special Meeting of the Schuyler County Legislature was called to order at 3:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present except Legislator Marvel who was excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

RESOLUTION NO. 151 Motion by Larison, Second by Bleiler.

    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:

• Resolution Requesting the New York State Legislature to pass Senate Bill S.2953 and Assembly Bill A.5212 Authorizing an Additional 1% Sales Tax for Schuyler County Pursuant to Section 40 of the Municipal Home Rule Law

VOTE: Passed 6-1. No: Hastings.

RESOLUTION NO. 152 Motion by Larison, Second by Bleiler.

    RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.2953 AND ASSEMBLY BILL A.5212 AUTHORIZING AN ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW

BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature pass Senate Bill S.2953 and Assembly Bill A.5212 to adopt special legislation, an act to amend the tax law, in relation to the tax law on sales and the compensating use tax to be imposed in the County of Schuyler, and

BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator 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 Hastings asked if any Legislators have read the bill. She questioned the fact that the bill stated that the whole 1% was going to the County. She read from the last page of the bill and asked Attorney Coleman to explain. Attorney Coleman stated that the State will not take their share. Legislator Hastings asked if the towns would get their share of the sales tax. Attorney Coleman said that it is up to us to make that decision. Chairman Gifford asked if a local law had to be passed. Attorney Coleman stated that a detailed Resolution from the New York State Tax Department will be sent for us to act on, after a public hearing is held.

Legislator Hastings made a statement for the record. "In January 1998, because of the budget that we would face and the need to increase our revenues, it seemed more logical to pass a resolution to increase the sales tax by 1/4%, which would probably settle well with the business district and the residents of Schuyler County, it failed. Not until some of you faced the budget were you interested. Then you wanted 1% to spend on bridges, highways and equipment. Since sales tax is an undetermined revenue you could put this County in a bind in the future. Those budget items that are mandates for the safety and welfare of this County should be more stable. On June 11, 1998 I wrote all the towns and villages in regard to sales tax, planning and economic development. Sales tax is not as sure as property tax. If we were to loose half of our sales tax it should be monies devoted to the area that feeds the sales tax which is economic development and planning. One village and two towns never responded to my memo. Three towns and three villages were against it. Two towns of who have not supported economic development wanted their share of the tax and was okay with a 1% increase. Now we do the budget and all of a sudden there is a great interest in getting 1%. Fellow Legislators, my district does not want the sales tax increase. Both of my village boards are totally against it. The Town of Montour is against it and the Supervisor of the Town of Dix expressed his thoughts and said he is not totally against it, but wants it spent in the right way. There is no doubt that the majority of sales tax earned comes from the Town of Dix. If you live in the village you pay three times to support SCOPED through your County taxes, town taxes and village taxes. Though many of the business people donated their $1,000 to SCOPED, Hector and Orange pay nothing. Hector receives the largest amount of sales tax. There will always have to be support for planning and economic development if you care to increase even property taxes. I can not support this resolution at this time. I will be voting no."

Legislator Bleiler stated that the early request Legislator Hastings referred to was defeated because the towns did not want the increase to be tied to economic development. This time it is different, the merchants have changed their mind. He believes that an increase in sales tax would be the best thing for the County, it will increase our revenue for the budget. He feels in order to make things work, they need to provide for the County, and need to increase our revenues and decrease property tax. He is in favor of it.

Legislator Larison said he agrees with Legislator Bleiler. This board made a goal to reduce property tax by 5% for three years. This will show the taxpayers they are trying to increase the County's revenues. This is the least damaging to the property owners.

Chairman Gifford said he has talked to a realtor in the area and they say the major reason why they can not sell houses is because of the property tax. Just because we pass this does not mean we can not save elsewhere. He has talked to Susan Payne from SCOPED and anyone coming into the area to develop asks about property tax, they never ask about sales tax. He is in favor of this resolution.

Legislator Hastings feels that this increase should be designated to economic development.

VOTE: Passed 6-1. No: Hastings.

PUBLIC PARTICIPATION: None.

The meeting adjourned at 4:10 p.m.
Stacy B. Husted, Deputy Clerk

REGULAR MEETING
MAY 10, 1999

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

PUBLIC PARTICIPATION:

Tom Ryan said he came to congratulate the Legislature on their efforts towards filling the old Jamesway building and for working so well with SCOPED.

Hazel Rapalee thanked the Legislature for their work with the schools and the County. In her years of teaching things have always been separate and now the programs are combined, she thanked the Legislature for that. Second, as a member of the Youth Board, she is happy to see that they are now in the process of doing joint grants for the County. She feels it is great that we work together as one unit. Third, she has seen the Youth Board membership rise to twenty-two to twenty-five members and is now a very active board and also has gotten Bradford School District involved. She also thanked Dave Sanders who runs the Youth Bureau.

Casey Creamer thanked all municipalities and business people who contributed to the Jamesway deal in Montour Falls. He feels that Resolution No. 167 should raise the salary of the Legislators as long as there is no County Manager.

Dave Hannie and Coralee Birch said they wanted to discuss the issue in regards to parking at the waterfront. They appreciate being involved and appreciate the parks committee members dealing with the problems promptly. David Lisk, said he heard that it is possible that the appeal resolution on the agenda may fail tonight. He would like to say he is in support of the changes and does not understand how a process can be in place; a committee to review the appeals; a recommendation comes out to make the changes; the guidelines are followed. He does not understand how it gets this far with a positive and then may fail tonight, it is not fair to the employees. They followed the process from the beginning of the year. He feels it is very unfair and makes the Management/Confidential Salary Plan null and void if this resolution fails. The guidelines were set by the Legislature.

Bill Weiss stated that he does not have an employee in this resolution, however, he fully supports the appeals. They went through the right process. If this resolution does not pass, what message is sent to the Management/Confidential Salary Plan employees. If you have confidence in the Legislators on the committee to make the right decision, you should support their decision. He is concerned on the message being sent.

Tom Bloodgood said he would also like to speak in favor of the appeals resolution. One is the Youth Bureau Director and we have already heard his praise here tonight. Each one of these positions is worth every penny. It is a pressing issue, there are current policy and procedures. He understands there has been a sub-committee set up to review the current plan. One aspect of the plan is the appeal process and until that sub-committee meets the Legislature should abide by current policy and recognize the procedure. Not supporting this resolution would undermine the Management/Confidential Salary Plan and sends a bad signal to the entire County. He urged them to vote in favor of this resolution and to keep with the current policy.

Tom Ryan asked for an explanation to Resolution No. 160. Legislator Bleiler explained that this is a new bond. Tom asked what amount was originally bonded for. The Treasurer explained that $234,000 was set aside for equipment purchases. This bond has to be provided for funding in order to place the orders for the trucks.

RESOLUTION NO. 153 Motion by Young, Second by Larison.

    RE: APPROVE MINUTES OF THE APRIL 12, 1999 REGULAR MEETING AND APRIL 20, 1999 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the April 12, 1999 Regular Meeting and April 20, 1999 Special Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 7-0.

RESOLUTION NO. 154 Motion by Karius, Second by Little.

RE: AUTHORIZE ADVERTISING FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM 7/1/99-6/30/2000 - 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, 1999 through June 30, 2000, and

BE IT FURTHER RESOLVED, that bids are to be marked "Sealed Bid" and received by the Clerk of the Legislature at the County Office Building, 105 Ninth Street, Watkins Glen, NY 14891, no later than 5:00 p.m. on Friday, May 28, 1999. The bids will be opened at the Legislative Resolution Review Committee meeting on Monday, June 7, 1999 at 3:30 p.m. at which time recommendations for legislative action will be made; acceptance or rejection of bids will be done at the June 14, 1999 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. 155 Motion by Karius, 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 many 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 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. 156 Motion by Karius, Second by Little.

    RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD

BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Arnie Bagchi to the Schuyler County Youth Board as the Mental Health representative, effective immediately with a term ending December 31, 2000.

VOTE: Passed 7-0.

RESOLUTION NO. 157 Motion by Little, Second by Marvel.

    RE: RESOLUTION OPPOSING THE GOVERNOR'S SENTENCING REFORM ACT OF 1999 PROPOSAL

WHEREAS, Governor George Pataki has presented a proposal eliminating parole for all offenders, and

WHEREAS, this proposal is another action by the State Legislature to limit more and more the discretion of the Courts and other people involved in the criminal justice system, and

WHEREAS, in the past there have been increasing limits on the parameters of plea agreements, increases in mandatory sentences for certain types of crimes, and definite sentences replacing indeterminate sentences which had long been the rule, and

WHEREAS, offenders that are no threat to society may become depressed and irrational without having the possibility of parole, thereby putting corrections officers at a higher risk, and

WHEREAS, the cost to the taxpayers for trials, incarceration, new construction of prisons and hiring of additional corrections officer will increase dramatically under this proposal.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby expresses its opposition to Governor George Pataki's Sentencing Reform Act of 1999 and asks that the Governor, as well as the State Legislature, seriously consider the negative impacts of this proposed legislation, and

BE IT FURTHER RESOLVED, that the Clerk of this Legislature be directed to send certified copies of this resolution to Governor George E. Pataki, Senator John R. Kuhl, Assemblyman James Bacalles, NYSAC and any other officials deemed appropriate.

VOTE: Passed 7-0.

RESOLUTION NO. 158 Motion by Little, Second by Marvel.

    RE: AUTHORIZE EMERGENCY MANAGEMENT COORDINATOR TO ADVERTISE FOR BIDS FOR ONE (1) NEW NATURAL GAS FUELED GENERATOR

WHEREAS, in accordance with Section 103 of the General Municipal Law, all purchase contracts involving and 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 sealed bidder in the manner provided by this section, and

WHEREAS, there is $20,000 in the 1999 budget in account no. 3689.292 for this proposed purchase.

NOW, THEREFORE, BE IT RESOLVED, that the Emergency Management Coordinator be hereby authorized to advertise for bids for one (1) new natural gas fueled generator.

VOTE: Passed 7-0.

RESOLUTION NO. 159 Motion by Little, Second by Marvel.

    RE: AMEND RESOLUTION NO. 307-94 - ADOPT GUIDELINES FOR USE OF THE RURAL URBAN CENTER

WHEREAS, Resolution No. 307 of the year 1997 authorized the Guidelines for Use of the Rural Urban Center, and

WHEREAS, there are a few changes in the guidelines that need to be made at the present time.

NOW, THEREFORE, BE IT RESOLVED, that the attached Guidelines for Use of the Rural Urban Center, which were updated on May 10, 1999 be approved by the Schuyler County Legislature, and

BE IT FURTHER RESOLVED, that these guidelines supersede all other established rules.

DISCUSSION: Legislator Young asked about the charge for using the Rural Urban Center. David explained that any governing agency uses it for free, beyond that a fee schedule is set up. This schedule includes such groups as the girl scouts, churches, etc. and has been in place since 1992.

VOTE: Passed 7-0.

RESOLUTION NO. 160 Motion by Larison, Second by Marvel.

    RE: A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $360,000 BONDS OF THE COUNTY OF SCHUYLER, NEW YORK TO PAY THE COST OF THE PURCHASE OF DUMP TRUCKS WITH PLOWS FOR SAID COUNTY

BE IT RESOLVED, by the County Legislature of the County of Schuyler, New York, as follows:

Section 1. The purchase of dump trucks with plows in and for the County of Schuyler, New York, is hereby authorized at a maximum estimated cost of $360,000, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law.

Section 2. The plan for the financing of such maximum estimated cost is by the issuance of not to exceed $360,000 bonds of said County, hereby authorized to be issued therefor pursuant to the Local Finance Law.

Section 3. The power to appropriate 1999 fund balances to defray the aforesaid maximum estimated costs, including the power to redeem any or all obligations issued pursuant to this resolution from such 1999 fund balances, is hereby delegated to the County Treasurer.

Section 4. 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 5. 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 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law.

Section 7. The validity of such bonds and bond anticipation notes may be contested only if:

1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3) Such obligations are authorized in violation of the provisions of the Constitution.

Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1. 150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section 9. This resolution, which takes effect immediately, may 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. 161 Motion by Larison, Second by Marvel.

    RE: AUTHORIZE EXTENSION OF ASSISTANT MOBILE WORK CREW SUPERVISOR POSITION

WHEREAS, Resolution No. 476 of 1998 authorized the creation and filling of the Assistant Mobile Work Crew Supervisor in the Department of Social Services through May of 1999, and

WHEREAS, the Department has received information that authorization to expend WORK NOW funds will be extended beyond the May 1999 deadline once the State budget is passed and finalized, and

WHEREAS, the Department has found the position of Assistant Mobile Work Crew Supervisor to be extremely useful both in freeing the Mobile Work Crew Supervisor to work on job development/employer services and in allowing the unit to take on larger more valuable projects, and

WHEREAS, authorizing the extension of the Assistant Mobile Work Crew Supervisor position through 12/31/99 would greatly enhance the stability and continuity of the Department's employment programs.

NOW, THEREFORE BE IT RESOLVED, that the Department of Social Services be authorized to extend the position of Assistant Mobile Work Crew Supervisor through 12/31/99 pending availability of WORK NOW funds.

VOTE: Passed 7-0.

RESOLUTION NO. 162 Motion by Larison, Second by Marvel.

    RE: DECLARE EQUIPMENT JUNK - TREASURER'S OFFICE

WHEREAS, the Treasurer's office has two (2) inoperable calculators which have been replaced.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said calculators as junk, and

BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor remove said items and dispose in the proper manner.

1 TA Adler Royal 1228PD calculator S/N 81138388
1 TA Adler Royal 1228PD calculator S/N 44770450

VOTE: Passed 7-0.

RESOLUTION NO. 163 Motion by Larison, Second by Little.

    RE: DECLARE EQUIPMENT JUNK - BUILDINGS & GROUNDS

WHEREAS, the Buildings & Grounds Department has equipment, listed herein, which is inoperable and has been replaced.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said equipment as junk, and

BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor remove said items and dispose in the proper manner.

1 Pullman-Holt Upright Vacuum S/N V0002914
1 Electrolux Prolux Vacuum S/n 825931R
1 Mighty Maid Upright Vacuum S/N 82-83
1 Cyclone Floor Buffer S/n CFW2356
1 NSS Canister Vacuum S/n E11526

VOTE: Passed 7-0.

RESOLUTION NO. 164 Motion by Larison, Second by Little.

    RE: DECLARE EQUIPMENT SURPLUS - BUILDINGS & GROUNDS

WHEREAS, the Buildings & Grounds Department has a portable vacuum which will not facilitate the cleaning efforts in the building, and said vacuum has been replaced.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said vacuum as surplus, and

BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor remove said vacuum and place in storage for inclusion in the annual County auction.

1 Tornado Back Pack Portable Vacuum S/N 9110BC5331

VOTE: Passed 7-0.

RESOLUTION NO. 165 Motion by Larison, Second by Little.

    RE: DECLARE EQUIPMENT SURPLUS - HIGHWAY DEPARTMENT - AS AMENDED

WHEREAS, the Highway Department has two (2) outdated, inoperable vehicles, and one (1) gravel crusher, which has been or will be replaced.
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare equipment listed below as surplus, and
BE IT FURTHER RESOLVED, that the items be included in the 1999 Schuyler County auction.

One (1) 1984 Ford 1 ton dump truck S/N 2FDK37G8ECA68957
One (1) Dore stone/gravel crusher S/N W1084

VOTE: Passed 7-0.

RESOLUTION NO. 166 Motion by Bleiler, Second by Little.

    RE: DECLARE EQUIPMENT JUNK - HIGHWAY DEPARTMENT

WHEREAS, the Highway Department has one (1) computer battery backup and one (1) 6Hp vacuum cleaner, and
WHEREAS, said equipment is inoperable and non-repairable and has been or will be replaced.
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare equipment listed below as junk, and

BE IT FURTHER RESOLVED, that the items listed be disposed in the proper manner.

One (1) APC smartups battery backup S/N FS9742951234
One (1) 6Hp vacuum cleaner

VOTE: Passed 7-0.

RESOLUTION NO. 167 Motion by Bleiler, Second by Little.

    RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 1999 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS

WHEREAS, County Law permits and requires the Legislature to set the salaries of all officials paid from County funds.

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/ Local Law No. Of the year 1999 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 June 14, 1999 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 1999

A Local Law Setting Salaries for Certain Elected Officials for Fiscal Years, 2000, 2001, 2002, 2003.

Section 1. LEGISLATIVE INTENT

This Local Law in enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salaries of certain elected officials for the fiscal years 2000, 2001, 2002 and 2003.

Section 2. OFFICIALS/SALARIES

Effective with the first County payroll for fiscal years 2000, 2001, 2002 and 2003 the annual salaries of the following officials are hereby established, to wit:

TITLE                                2000 SALARY    2001 SALARY    2002 SALARY     2003 SALARY
Chairman of Legislature     $10,000                  $10,000                  $10,000              $10,000
Legislators                        $   5,000                  $   5,000                  $   5,000              $  5,000
County Treasurer              $37,000                   $38,000                  $39,000              $40,000

Section 3. EFFECTIVE DATE
This Local Law shall take effect immediately upon the filing with the Secretary of State.

DISCUSSION: Legislator Bleiler wanted to respond to Casey Creamer's comment on this resolution. He feels it is much more important to pay our staff that is underpaid. He would support that first. Legislator Larison said he had suggested that they receive a 3% raise. He believes they do feel it is an important job and deserves a good salary.

VOTE: Passed 7-0.

RESOLUTION NO. 168 Motion by Bleiler, Second by Little.

    RE: AUTHORIZE INCREASE IN HOURS OF TYPIST IN THE CIVIL SERVICE/PERSONNEL OFFICE - FAILED

WHEREAS, a Typist has been employed in the Civil Service/Personnel office for 17 hours per week since 04/06/98, and

WHEREAS, the workload in the Department continues to require additional clerical support.

NOW, THEREFORE, BE IT RESOLVED, that the position of Typist in the Civil Service/Personnel Office be increased to full-time effective May 24, 1999, and

BE IT FURTHER RESOLVED, that $5,000.00 be transferred from Contingency account no. 1990.500 to Account No. 1430.100 to cover additional salary for 1999.

DISCUSSION: Legislator Bleiler said he realizes that this was not in the budget initially, however, he has been here long enough to realize that this position is required. He encouraged the Legislators to support this resolution. Legislator Marvel stated that the money for the salary is not in the budget for this year and at this point in time, the Legislature needs to hold tight on the budget. Any time that you increase hours, you not only increase the salary but also the benefits and that also costs money. This is a further increase to the taxpayers.

VOTE: Failed 4-3. Noes: Marvel, Little, Karius.

RESOLUTION NO. 169 Motion by Little, Second by Marvel.

    RE: RESOLUTION TO AUTHORIZE REFUND, PARCEL 54.-1-48, TOWN OF HECTOR

WHEREAS, application has been made in accordance with Section 556 of the Real Property Tax Law, and

WHEREAS, the assessor has certified that the exempt amount for the Senior Citizens Exemption on parcel 54.-1-48 was incorrect on the 1999 Town and County Tax Roll constituting a clerical error as defined in Section 550(2) of the Real Property Tax Law, and

WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that the error be corrected.

NOW, THEREFORE, BE IT RESOLVED, that the 1999 Town and County Tax Roll be corrected to reflect the proper exempt amount, and

BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to issue a refund in the amount of $144.26, to charge back the Town of Hector $34.49, and to charge the County share of $109.77 to the Uncollectible.

VOTE: Passed 7-0.

RESOLUTION NO. 170 Motion by Little, Second by Marvel.

    RE: 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 1997 tax map set.

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

1997 MAP SET - $200.00

VOTE: Passed 7-0.

RESOLUTION NO. 171 Motion by Little, Second by Marvel.

    RE: ACCEPT BID FOR CONSTRUCTION OF COUNTY ROAD #19 BRIDGE, NORTH OF COOLEY ROAD - HIGHWAY DEPARTMENT

WHEREAS, Resolution No. 107-99 authorized the Highway Superintendent to advertise for bids for the construction of County Road 19 Bridge, and

WHEREAS, said advertisement was done, bids were received and opened at a bid opening April 29, 1999.

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Highway Superintendent and Hunt Engineers, that this Legislature hereby accept the following low bid for construction of County Road 19 Bridge:

Silverline Construction - $95,202.00, and

BE IT FURTHER RESOLVED, that the following bid(s) be rejected with a note of appreciation for their participation:

Hakes Construction $101,869.39
Penn Yan Builders, Inc. $110,500.00
Procon Contracting $134,000.00
R. DeVincentis Construction $131,000.00

VOTE: Passed 7-0.

RESOLUTION NO. 172 Motion by Larison, Second by Bleiler.

    RE: APPLICATION FOR CHEMUNG, SCHUYLER, STEUBEN WORKFORCE DEVELOPMENT BOARD TITLE II B SUMMER YOUTH EMPLOYMENT AND TRAINING GRANT-YOUTH BUREAU - AS AMENDED

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 Youth Bureau be designated administrator for the SYETP grant for 1999, and

BE IT FURTHER RESOLVED, that the Youth Services Planner of the Schuyler County Youth Bureau be authorized to increase the hours of the Youth Program Coordinator from 17 hours per week to 35 hours per week for up to twelve weeks, hire up to two full-time Youth Counselors at a salary of $11.74 per hour for 35 hours per week for eight weeks, starting June 7^th, and one part-time Youth Counselor at a salary of $11.74 per hour for 24 hours per week, for four to six weeks, and two teachers (GED and Math/Computer) at a salary of $12.50, and

BE IT FURTHER RESOLVED, that due to program increases both for participants and funding, with a 7.5% administrative cost, that the Schuyler County Legislature hereby authorize an increase in hours for program administration duties for the position of Account Clerk Typist for up to twelve weeks, up to the amount of $1,775.

DISCUSSION: Legislator Young read a letter sent by Joan Moffe on the recent grant that has been acquired by our Youth Bureau. They have approved the summer youth program in the amount of $100,000 to enroll and serve eighty Schuyler County JTPA youth. The Youth Bureau office is doing an outstanding job.

VOTE: Passed 7-0.

RESOLUTION NO. 173 Motion by Larison, Second by Bleiler.

    RE: DECLARE EQUIPMENT JUNK - YOUTH BUREAU

WHEREAS, the Youth Bureau Department has an inoperable Canon Copier and an inoperable Royal Typewriter that have been replaced, and
WHEREAS, this copier and this typewriter should be declared junk and disposed of by the Building Maintenance Supervisor.
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declare the following equipment in the Youth Bureau office junk:

1 Canon Copier S/N CXL13629
1 Adler Royal Typewriter S/N 54171810

VOTE: Passed 7-0.

RESOLUTION NO. 174 Motion by Bleiler, Second by Larison.

    RE: AUTHORIZE SIX (6) RESOLUTIONS BE BROUGHT TO THE FLOOR
BE IT RESOLVED, that six (6) resolutions be brought to the floor.

VOTE: Passed 6-0.

RESOLUTION NO. 175 Motion by Larison, Second by Young.

    RE: AUTHORIZE ADDITIONAL SPACE FOR YOUTH BUREAU AND COUNTY ATTORNEY OFFICES

WHEREAS, Room No. 101 in the County Office building is vacant with the move of the District Attorney's Office, and

WHEREAS, there are no plans for using this space in the near future, and

WHEREAS, the Youth Bureau Office is in desperate need of office space, especially with the additional staff being hired for the Summer Youth Employment and Training Program, and

WHEREAS, the County Attorney's Office is also in desperate need of space with the Assistant County Attorney now being full-time.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the use of Room No. 101 in the County Office Building to be used by the Youth Bureau, as well as continuing use of one room from their current office space, and

BE IT FURTHER RESOLVED, that the County Attorney's Office be expanded into one room from the Youth Bureau's current office space.

DISCUSSION: Legislator Larison stated that the space committee met and the need is there. There are currently three people in two offices in the County Attorney's office and Sue Morton from the Youth Bureau currently works upstairs in an office out of Probation. The children need easier access to Sue. If we temporarily move some of the Youth Bureau to this office, it would help for the summer. We need to pay attention to our youth. Legislator Young said she likes the word temporary. She would like to see the Youth Bureau at the Rural Urban Center again or at least out of the County building. Legislator Marvel agrees with Legislator Young that is should read temporary in the resolution, if so, he can support it. He feels the County needs to look at office space in general. Attorney Coleman said he appreciates the opportunity to comment and thanked Legislator Larison for his support. He said if it comes down to a choice between the Youth Bureau and his office as who has the worst need, his office will take the hit and give it up to the Youth Bureau.

VOTE: Passed 7-0.

RESOLUTION NO. 176A Motion by Marvel, Second by Karius.

    RE: MOTION TO AMEND RESOLUTION NO. 176 TO CHANGE THE EFFECTIVE DATE - FAILED

BE IT RESOLVED, that Resolution No. 176 be amended to have an effective date of January 1, 2000.

DISCUSSION: Legislator Marvel said he has no problem with the Appeal Committee's work, he understands that their decision is based on their best judgement. However he feels that salary adjustments are not an emergency that should come out of contingency. He would be willing to agree to an effective date of January 1, 2000. He feels the Legislature needs to stick by the budget for this year, they are not far enough into it yet. Legislator Young said while this is not an emergency for the Legislators, it is for the employees. At least two of these appeals go back into 1998, and feels they should not have gone on this long. She is concerned about the message being sent to the employees. She noted that the Legislature spent $2,500 to bring in a consultant to review our management level salaries, and was advised by that consultant that the Legislature would need to fine tune his work. She does not want to see this process held up any longer. Legislator Larison feels the Legislature will be jeopardizing the trust they have been building between themselves and the employees for the past year. He encouraged the Board to act honorably on these increases. Legislator Karius said she feels sorry for the taxpayers. There is not a large tax base in Schuyler County and it is especially difficult for the older folks. Legislator Bleiler said he is opposed to amending the main motion. The only reason this is an emergency resolution is because it was defeated in committee where it only takes two votes to defeat a motion. He felt this issue needed to come before the full Legislature. He feels this increase is in the budget, because the contingency account is meant specifically for this type of concern. The only other way to pay for this would be to budget so much money in the budget for salary adjustments. If the Legislature did that, a message would be sent that there is money in the budget for this, that adjustments will be made, and then the Legislature would be fighting over who would get what. As it stands now, the Appeals Committee listens fairly to appeals. Legislator Marvel feels that the monies set up in contingency are set up for emergencies and unexpected events. Chairman Gifford said he feels this is a matter of policy and contract, and the Management/Confidential Salary Plan (the contract) outlines an appeal process. He continued by explaining the appeal process and noted it is the Legislature's prerogative to accept or reject the Appeal Committee's recommendation. He asked if the Legislature will honor the contract or not? Legislator Young feels the amount of money involved with the salary adjustments is reasonable, and that the cost of replacing the individuals involved will far outweigh authorizing the proposed salary adjustments. Legislator Marvel questioned why the adjustments could not wait until January 1, 2000? Legislator Bleiler explained that the appeal is on the 1999 salary.

VOTE: Failed 3-4. Noes: Bleiler, Larison, Young, Gifford.

RESOLUTION NO. 176 Motion by Larison, Second by Bleiler.

    RE: APPROVE RECOMMENDATION OF APPEALS COMMITTEE ON 1999 MANAGEMENT/ CONFIDENTIAL SALARIES AND AUTHORIZE AMENDMENT OF THE MANAGEMENT/ CONFIDENTIAL SALARY PLAN - FAILED

WHEREAS, four employees and/or their department heads submitted appeals to their 1999 salaries as permitted in the Schuyler County Management/Confidential Salary Plan, and

WHEREAS, the designated Appeals Committee met and duly considered the facts in evidence regarding each appellant's case and unanimously recommends the following amendments to the Management/Confidential Salary Plan and the salary adjustments thereby indicated.

NOW, THEREFORE, BE IT RESOLVED, that the factor rating chart (page 16) be amended for the four positions appealed as follows:

                               I      II     III     IV      V     VI     VII       Total      Grade

Conf. Secy Co Atty          41     56      42     40     28      0       60      267      B
Deputy Clk Leg                80     74      64     41     39     47      60      405      D
Youth Service Planner     101     90      68    61      56     31      80      487      E
Pers Secy to Leg               40     40      44    32      27      0       60      243      B, and

BE IT FURTHER RESOLVED, that the employees listed below be given the recommended salary adjustments for 1999 which are based on the revision of the factor ratings or other evidence considered during the appeal process:

Barbara Klemann $26,400.00
Stacy Husted 25,300.00
Robin Thoman 21,357.00
David Sanders 28,150.00, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized and directed to pay these four employees the adjusted the salaries retroactively to January 1, 1999, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer the necessary funds to effectuate these increases from contingency account 1990.5 into the appropriate personal services accounts, and

BE IT FURTHER RESOLVED, that the adjusted salaries for Robin Thoman and David Sanders shall be effective and paid immediately and that the adjusted salaries of Stacy Husted and Barbara Klemann be effective and paid upon passage of a Local Law to amend Local Law No. 4 of the year 1998 and following the 45 day period for permissive referendum as required by law.

DISCUSSION: Legislator Bleiler asked his fellow Legislators to follow the Management/Confidential Salary Plan that is in place. The Plan was followed as far as the appeals. He explained that the Plan provides for equity and fairness. The appeals committee is made up of a management level representative, the Personnel Officer, Chairman of the Legislature, Chairman of Management and Finance Committee and the appropriate Committee Chairman. When you get these different kinds of people together, there are different opinions. There was a lot of disagreement during the appeals, but after a lot of discussion and listening and fairness, they came up with a decision which was felt to be fair. If the Legislature rejects this resolution, fairness is lost. All the power is put back to the Legislature. If the Legislature rejects this resolution, we are telling our employees that we will live by the Plan until we do not like it. He feels this is the worse possible thing to do for the morale of this County. Legislators Young and Larison again encouraged the Board to reconsider and support this resolution.

VOTE: Failed 4-3. Noes: Marvel, Little, Karius.

WITHDRAWN

RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 1999 TO AMEND LOCAL LAW NO. 4 OF THE YEAR 1998 SETTING THE SALARY OF CERTAIN PUBLIC OFFICERS FOR THE YEAR 1999

WHEREAS, the Schuyler County Legislature has determined the salaries for certain public officials for the year 1999 be amended, and

WHEREAS, County Law Section 201 states that any change in compensation of such officer during his/her term be made only by Local Law subject to the provisions of Section 24 of the Municipal Home Rule Law, and

WHEREAS, Local Law No. 4 of the year 1998 setting the salary of certain public officers for the year 1999 was duly adopted by the Schuyler County Legislature on December 14, 1998, and

WHEREAS, the salaries of the Confidential Secretary to the County Attorney and the Deputy Clerk of the Legislature be amended to reflect the following in boldface below.

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2/ Local Law No. Of the year 1999 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 June 14, 1999 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 1999

A Local Law Setting the Salaries of Certain Public Officers for the year 1999.

Be it enacted by the Legislature of the County of Schuyler as follows:

1. Effective within 45 days hereof, the salaries of the public officers listed below shall be in the amounts herein stated retroactive to January 1, 1999.

2. The following public officers are subject to the provision hereof:

Personnel Officer $36,080
County Attorney $37,500
Confidential Secretary, County Attorney $26,400
Deputy County Clerk $23,678
District Attorney $34,700
Assistant District Attorney $20,500
Secretary to the District Attorney $17,318
Clerk of Board of Legislature $30,443
Deputy Clerk of Legislature $25,300
Public Defender $30,383
Purchasing Agent $30,285
Real Property Tax Agency Director $34,368
Commissioner of Social Services $44,000
Deputy County Treasurer $31,145
County Highway Superintendent $39,600
Deputy County Highway Superintendent $35,933
Sheriff $48,175
Undersheriff $38,962

3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24.

* Boldface is amended change.

RESOLUTION NO. 177 Motion by Bleiler, Second by Marvel.

    RE: AUTHORIZE LEASE AGREEMENT WITH PETER KROG FOR USE OF PROPERTY AT THE LAKE FRONT

WHEREAS, the County, in cooperation with the Village of Watkins Glen, would like to utilize lake front property leased by Peter Krog for parking.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorize its Chairman to enter into a lease agreement with Peter Krog for use of land near the lake front for parking for one year at a cost of $100; lease to be drafted by the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer $100 from Contingency account no. 1990.5 to Seneca Harbor Park account no. 7110.490 to cover said cost.

VOTE: Passed 7-0.

RESOLUTION NO. 178 Motion by Little, Second by Marvel.

    RE: AUTHORIZE CHAIRMAN TO SIGN "NOTICE TO VACATE" AND THE SHERIFF'S DEPARTMENT TO HAND DELIVER NOTICES

BE IT RESOLVED, that the Chairman of this Legislature or his designee be, and hereby is, authorized to sign and the Sheriff's Department to hand deliver "Notice to Vacate" to all occupants of property on which the County of Schuyler holds, or will hold, a tax deed to, and

BE IT FURTHER RESOLVED, that said "Notice of Vacate" be sent by registered mail to the most recent owners of record as shown in the property description.

VOTE: Passed 7-0.

RESOLUTION NO. 179 Motion by Karius, Second by Bleiler.

    RE: AUTHORIZE CREATION OF A CORRECTION OFFICER POSITION - SHERIFF'S DEPARTMENT

WHEREAS, during the 1999 budget negotiation process, it was agreed the Sheriff could budget to hire a Correction Officer for the jail after April 1, 1999, and

WHEREAS, this position was budgeted, but not created.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorize the creation of a Correction Officer position in the Schuyler County Sheriff's Department retroactive to April 26, 1999 at an hourly rate of $11.28.

VOTE: Passed 7-0.

REPORT ON STANDING COMMITTEES:

Legislator Young reported that there is a new Director of the Child Care Coordinating Council and attended the first meeting at which the new Director was on board. The Environmental Management Council has a subcommittee which will be helping with the County Comprehensive Plan. One of the issues that will be raised is having strict development guidelines wherever infrastructure is extended to insure quality development.

Legislator Karius reported that the Town of Hector had a Dumpster Day where folks could go and take certain kinds of trash. It was a very successful day.

Legislator Bleiler reported that he attended Finance School. The County's $MART Review application is still in the district office and scheduling remains in their hands. As far as the state budget, there is still $4 billion dollars difference between budgets of the Congress and Senate. The tobacco settlement issue is very interesting. The comment was that the money will flow, but when and how is the question. They took a look at our own County versus other counties as to how we are doing fiscally, and we have a very acceptable fund balance and level of indebtedness. The only issue of concern was the level of property tax. One of the programs he attended was on the state retirement program and the state is considering an incentive program again this year.

Legislator Larison reported that Governmental Operations Committee is running well. He added that he attended a meeting for the Soil and Water Conservation District relative to manure nutrient management. This will be an United States Environmental Protection Agency mandate and there will have to be some changes made by farmers in order to be compliant.

Legislator Marvel reported on the Community Development and Natural Resources Committee. He noted that National Health Care Corporation's decision to move to Schuyler County involved many, many people. It was a huge effort. The key persons were Susan Payne of SCOPED and Terry Horgan of SCIDA. He reported that the grants have not been acted on for the IMAX Theater or the lakefront hotel project. They hope to hear something soon. Susan Payne applied for a grant through the Southern Tier Central Regional Planning and Development Board and was awarded the grant to assist the cottage industry in Schuyler County. Cornell Cooperative Extension saw a need in this area. The grant is for approximately $38,000.

UNFINISHED BUSINESS: None.

NEW BUSINESS:

Legislator Bleiler said in light of the resolution to support the appeals being defeated, he would like a motion to support this issue being sent back to the Appeals Committee for reconsideration.

MOTION by Bleiler, SECOND by Young to support the Appeal Committee's recommendation be sent back to them for reconsideration. Legislator Bleiler wants to try to find a solution. Vote passed 7-0.

PUBLIC PARTICIPATION:

Casey Creamer feels, regarding the appeals resolution, all the discussion before the vote probably already lost the employees' trust, so the Legislature might as well have saved the money, too. He also responded to Legislator Karius' comments relative to this issue, and said that Schuyler County is well known around the state as being low paying.

Hazel Raplee noted that there is a community section in the proposed school building project and they are looking at moving the Youth Bureau into the school districts. She also asked the Legislators to write to state officials and encourage them to finalize their budget.

Bob Burnside said he understands Legislator Marvel's point of view relative to the appeals, but sometimes you have to find the money because there is credibility and principle involved. If there is a problem with the Plan, change the Plan, but do not penalize the employees.

Sue Brill said she is glad to hear the Appeals Committee will reconsider the issue of the appeals. She asked the Legislature to think about the emergency they would have if one of those employees left. It costs money to hire new employees.

Tom Ryan asked the towns and villages are notified when the County has surplus items? Chairman Gifford said the municipalities are notified.

The meeting adjourned at 8:13 p.m.

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

REGULAR MEETING
JUNE 14, 1999

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

PUBLIC PARTICIPATION:

Casey Creamer asked about Resolution No. 212 setting up a Y2K committee. Tom Bloodgood explained the resolution. He feels the County needs to address contingency plans in this regard , and said most other issues have already been addressed. The people in the resolution list are those who he felt needed to be on the committee. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 1999 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS FOR FISCAL YEARS 2000, 2001, 2002 AND 2003 :

Casey Creamer repeated a statement he made from last month. He feels since there is no County manager, the money should be spent on the Legislators. He asked when did the Legislators last receive an increase? Legislator Hastings said it has been at least eight years. Casey asked why just the position of the Treasurer is receiving an increase in salary? Legislator Hastings feels you give raises to encourage good people to get involved. Chairman Gifford noted that the job of a Legislator is part-time and not full-time like an administrator. Legislator Larison said his position was to at least give the Legislators a cost of living increase. This may help people become interested in running.

Robert Burnside said every Legislator has a different reason for why they are here. It is obviously not money. Some like the power, the notoriety and some are noble. He suggested that maybe if the insurance was free it would be an incentive for more people to run for office. He feels most people are doing the job because they want to do it.

RESOLUTION NO. 180 Motion by Larison, Second by Little.

    RE: APPROVE MINUTES OF THE MAY 10, 1999 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the May 10, 1999 Regular Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 8-0.

RESOLUTION NO. 181 Motion by Hastings, Second by Marvel.

    RE: AUTHORIZE MAINTENANCE AGREEMENT FOR UNINTERRUPTED POWER SUPPLY (UPS)- EMERGENCY MANAGEMENT - AS AMENDED

WHEREAS, the Office of Emergency Management has purchased an Uninterrupted Power Supply (UPS) for the Communications Center to keep the emergency radio communications system functional.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a maintenance contract with Bouille Electric to provide maintenance and service for the UPS for a term of July 1, 1999 to June 30, 2000 at a cost of $4,596.00 to be paid from account no. 3689.426; agreement subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 182 Motion by Hastings, Second by Marvel.

    RE: AUTHORIZE THE FILLING OF A CORRECTIONS OFFICER POSITION - SHERIFF'S DEPARTMENT

WHEREAS, there is a Corrections Officer position in the Sheriff's Department Jail Division that has been vacant for more than 90 days, and

WHEREAS, it is necessary to fill this position at this time and there are sufficient fund in the budget to fund said position.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill the vacant Corrections Officer position at an hourly rate of $11.28 effective immediately.

VOTE: Passed 8-0.

RESOLUTION NO. 183 Motion by Hastings, Second by Marvel.

    RE: WELCOME TO NATIONAL FIELD ARCHERS

WHEREAS, archers from throughout the United States will be meeting in Schuyler County July 26, 1999 - July 30, 1999 for the National Field Archers Competition, and

WHEREAS, this Legislature is proud to welcome once again the National Field Archers and their families to beautiful Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby welcomes the National Field Archers and their families and invites them to partake of the natural beauty, recreational parks and lakeside opportunities and facilities Schuyler County has to offer, and

BE IT FURTHER RESOLVED, this Legislature further extends its best wishes to the Archers and their families for an enjoyable stay in our County and wishes the best of luck to the competitors in the Competition.

VOTE: Passed 8-0.

RESOLUTION NO. 184 Motion by Little, Second by Marvel.

    RE: AUTHORIZE INTERMUNICIPAL AGREEMENTS IN ACCORDANCE WITH ARTICLES 5-G, GENERAL MUNICIPAL LAW, FOR MUTUAL AID POLICING AT WATKINS GLEN INTERNATIONAL - SHERIFF'S DEPARTMENT

WHEREAS, events at Watkins Glen International throughout the season constitute significantly increased law enforcement requirements, and

WHEREAS, additional resources are required in the interest of public law enforcement safety, and

WHEREAS, Section 209-f of the General Municipal Law authorizes the request of mutual aid from other police agencies, particularly Sheriff’s Departments, and

WHEREAS, the New York State Attorney General has opined that mutual aid responsibilities may be the subject of intermunicipal agreements.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter such intermunicipal agreements as described above and that the County be authorized to use any monetary donations from Watkins Glen International to offset the cost of such mutual aid, subject to the approval of the Schuyler County Attorney’s Office.

VOTE: Passed 8-0.

RESOLUTION NO. 185 Motion by Little, Second by Marvel.

    RE: ACCEPT PROPOSAL FROM AMERICAN RED CROSS FOR FIRST AID TRAINING - HIGHWAY

WHEREAS, the County Highway Superintendent and the Public Works Committee has recommended that the American Red Cross do first aid training that is required by OSHA.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a provider agreement with the American Red Cross to provide certified training for the Schuyler County Highway Department as required at an approximate cost of $450 which is included in the 1999 budget, agreement subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 186 Motion by Little, Second by Marvel.

    RE: AUTHORIZE EXPANSION OF ACCOUNT CLERK TYPIST POSITION TO FULL-TIME AT 35 HOURS PER WEEK - HIGHWAY - FAILED

WHEREAS, the Highway Superintendent and the Public Works Committee have reviewed the needs in the office of the Highway Department, and have concluded that additional full-time help is imperative to the plans of the future, and

WHEREAS, this will prove to be cost effective by freeing up the Superintendent's time to do more of what he was hired to do (i.e. funding, bridge inspections for maintenance instead of replacement, building a reliable equipment fleet). The Superintendent needs to plan, coordinate and administer the work of the County Highway Department, not perform the time-consuming clerical work that could be done by the Account Clerk Typist, and

WHEREAS, this will also prevent any undo hardship in the event of an extended illness or termination of employment by one person. In a one person office, this can be a very difficult time for many people, as has happened in the past. By having an additional full-time person, trained in all aspects of the operation, the office can continue to run efficiently.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approve the expanding of the part-time Account Clerk Typist in the Highway Department to full-time at 35 hours per week with the funding available in the 1999 budget.

VOTE: Failed 3-5. Noes: Marvel, Hastings, Little, Karius, Gifford.

RESOLUTION NO. 187 Motion by Karius, Second by Hastings.

    RE: AUTHORIZE CONTRACT BETWEEN SCHUYLER COUNTY PUBLIC HEALTH AND DR. KIRK PETERS TO ADMINISTER RABIES CLINICS IN SCHUYLER COUNTY

WHEREAS, the Schuyler County Public Health Department performs rabies clinics for Schuyler County residents and Dr. Kirk Peters will assist in the operation of these clinics and provide these services at the rate of $25.00 per hour.

NOW, THEREFORE, BE IT RESOLVED, the Director of Public Health/Home Health be hereby authorized to execute, and the Chairman of the Schuyler County Legislature be authorized to approve an ongoing contract with Dr. Kirk Peters at the above rate effective January 1, 1999 through December 31, 1999; this contract is subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 188 Motion by Karius, Second by Hastings.

    RE: AUTHORIZE CONTRACT BETWEEN SCHUYLER COUNTY PUBLIC HEALTH AND DR. FRANK FIELDER TO ADMINISTER RABIES CLINICS IN SCHUYLER COUNTY

WHEREAS, the Schuyler County Public Health Department performs rabies clinics for Schuyler County residents and Dr. Frank Fielder will assist in the operation of these clinics and provide these services at the rate of $25.00 per hour.

NOW, THEREFORE, BE IT RESOLVED, the Director of Public Health/Home Health be hereby authorized to execute, and the Chairman of the Schuyler County Legislature be authorized to approve an ongoing contract with Dr. Frank Fielder at the above rate effective January 1, 1999 through December 31, 1999; this contract is subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 189 Motion by Karius, Second by Hastings.

    RE: AUTHORIZE CONTRACT RENEWAL WITH PEDIATRIC PHYSICAL & OCCUPATIONAL THERAPY SERVICES - PUBLIC HEALTH

WHEREAS, the Home Health Agency had contracted with Pediatric Physical & Occupational Therapy Services for physical therapy at the rate of $36.00 per hour, occupational therapy at a rate of $40.00 per hour and speech therapy at a rate of $36.00 per hour, and the term of the contract has changed.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be hereby authorized to execute, and the Chairman of the Schuyler County Legislature be authorized to approve an ongoing contract with Pediatric Physical & Occupational Therapy Services to provide services to the Home Health Agency patients from January 1, 1999 through December 31, 1999 at the rates set forth above; contract subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 190 Motion by Little, Second by Marvel.

    RE: AUTHORIZE CONTRACT RENEWAL WITH STAFFCARE OF NEW YORK, INC. (AMERICARE) - PUBLIC HEALTH

WHEREAS, the Home Health Agency had contracted with Staffcare of New York, Inc. (Americare) to provide services as needed at the following rates:

Home Health Aide $13.50 per hour
Personal Care Aide $12.75 per hour
Licensed Practical Nurse $21.25 per hour
Registered Nurse $25.00 per hour
Registered Nurse (High Tech) $32.50 per hour, and

WHEREAS, the term of the contract has changed.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be hereby authorized to execute, and the Chairman of the Schuyler County Legislature be authorized to approve an ongoing contract with Staffcare of New York, Inc. (Americare) to provide services to the Home Health Agency patients from January 1, 1999 through December 31, 1999 at the rates set forth above; contract subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 191 Motion by Little, Second by Marvel.

    RE: APPOINTMENT - EARLY INTERVENTION DESIGNEE - PUBLIC HEALTH

WHEREAS, it is desirous to appoint Debra McLaughlin as Designee to the Early Intervention Program.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature appoints the above as Designee to the Early Intervention Program, effective immediately.

VOTE: Passed 8-0.

RESOLUTION NO. 192 Motion by Little, Second by Marvel.

    RE: DECLARE EQUIPMENT SURPLUS - BOARD OF ELECTIONS

WHEREAS, the Board of Elections has two (2) unneeded dot matrix printers, which have been replaced with a laser printer necessary to facilitate the NTS elections software, and

WHEREAS, the Board of Elections also has one (1) outdated, inoperable computer battery backup which has been replaced.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare the equipment listed below as surplus for inclusion in the 1999 Schuyler County auction:

One (1) Panasonic KX-P3624 Dot Matrix Printer S/N 4CMCDB12361
One (1) Epson FX-1050 Wide Carriage Dot Matrix Printer S/N 00D0030868, and

BE IT FURTHER RESOLVED, that the County Legislature hereby declare the equipment listed below as junk to be disposed in the proper manner:

One (1) Tripplite BC400N LAN UPS

VOTE: Passed 8-0.

RESOLUTION NO. 193 Motion by Marvel, Second by Little.

    RE: DECLARE EQUIPMENT JUNK - EMERGENCY MANAGEMENT

WHEREAS, the Emergency Management Office has five (5) inoperable, non-repairable, unusable typewriters and,

WHEREAS, said typewriters have been replaced.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare equipment listed below as junk, and

BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor dispose of said typewriters in the proper manner.

One (1) IBM Selectric Model 71 S/N 5822862
One (1) IBM Selectric Model 72 S/N 5590751
One (1) IBM Selectric II S/N 264647116
One (1) IBM Selectric II S/N 266878552
One (1) Smith Corona S/N 62E5282693-15

VOTE: Passed 8-0.

RESOLUTION NO. 194 Motion by Marvel, Second by Little.

    RE: DECLARE EQUIPMENT JUNK - SCHUYLER COUNTY ATTORNEY

WHEREAS, the Schuyler County Attorney has one (1) inoperable, non-repairable computer battery backup, and

WHEREAS, said battery backup, purchased in 1993, will be replaced.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare equipment listed below as junk, and

BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor dispose of said battery backup in the proper manner.

One (1) APC Backups 360SX S/N W910312416

VOTE: Passed 8-0.

RESOLUTION NO. 195 Motion by Marvel, Second by Little.

    RE: ESTABLISH GUIDELINES RELATIVE TO PURCHASING REFRESHMENTS FOR CERTAIN COUNTY-RELATED FUNCTIONS

WHEREAS, conducting in-house training and multi-County training, as well as holding regional information sharing meetings, are options being pursued since they save time and money, and

WHEREAS, it is recommended that departments be allowed to purchase refreshments for these types of activities, within certain guidelines and budget constraints, and

WHEREAS, there are no guidelines relative to purchasing refreshments for certain County-related functions.

NOW, THEREFORE, BE IT RESOLVED, that the following guidelines for purchasing refreshments for County-related functions be hereby adopted effective immediately:

GUIDELINES FOR PURCHASING REFRESHMENTS
FOR CERTAIN COUNTY-RELATED FUNCTIONS

• Refreshments may be purchased for any of the following type of County training opportunities:

Hosting Regional Training Meetings.
Hosting Regional Information Sharing Meetings.
Attending Regional Training/Information Sharing Meetings wherein there is a rotating cycle of sharing refreshments.
Conducting in-house training sessions that are a minimum of 3 hours in duration.

• Providing refreshments is to mean providing a non-alcoholic beverage, small snack and necessary paper supplies.
• Purchases of refreshments are to be authorized by Department Heads only.
• Refreshments may be purchased in conformity with any grant program guidelines and as approved by the Department Head.
• Under no circumstances will in-house training sessions or County-scheduled meetings be scheduled so as to conflict with meal times. County employees will not be reimbursed for their own meals.

BE IT FURTHER RESOLVED, that all purchases are contingent upon availability of funds and subject to the approval of the Schuyler County Auditor, and

BE IT FURTHER RESOLVED, that these guidelines be made part of the Schuyler County Policies and Procedure Manual.

VOTE: Passed 8-0.

RESOLUTION NO. 196 Motion by Little, Second by Marvel.

    RE: ADOPT PURCHASING POLICY AS AMENDED

WHEREAS, the Schuyler County Purchasing Policies and Procedure have not been updated since November, 1997, and

WHEREAS, the Purchasing Agent has made updates, changes and clarifications to the existing Purchasing Policies and Procedures which have been reviewed and approved by the Management and Finance Committee.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the Purchasing Policies and Procedures as amended and on file dated June 7, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 197 Motion by Little, Second by Marvel.

    RE: DECLARE EQUIPMENT SURPLUS - REAL PROPERTY

WHEREAS, the Real Property Tax Office has an outdated Computer and Monitor, and
WHEREAS, said computer and monitor have been replaced.
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare equipment listed below as surplus, and
BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor store said computer and monitor for sale in the County auction.

One (1) Serendipity Computer S/N ACC032587
One (1) Relysis Monitor S/N 30218213
One (1) Keytronic Keyboard S/N C934890225

VOTE: Passed 8-0.

WITHDRAWN

    RE: REVIEW RECLASSIFICATION OF TITLES COVERED BY THE CSEA ADMINISTRATIVE CONTRACT

WHEREAS, it has been for three or four years an objective of the Schuyler County Legislators, department heads, and officers and employees of the CSEA Administrative Unit to find a cost effective solution to the need for a review of the classification of the titles covered by the Administrative Contract, and

WHEREAS, the Municipal Services Division of the New York State Department of Civil Service is considering providing a classification survey of those positions for the County at no cost, and

WHEREAS, in order to commit the hours and funds necessary to accomplish this project the NYS Civil Service Division needs to be assured that this endeavor has the support of the Legislature and that the Legislature is making a commitment to utilize and implement the classification survey upon its completion, and

WHEREAS, it is understood by all parties that the recommendation resulting from the classification study may be amended if appropriate to accomplish a fair and equitable classification system for employees, and

WHEREAS, it has been clearly explained to all parties that reclassification of some titles may result in some employees being required to qualify for the new grade classification by Civil Service examination, and

WHEREAS, it is not the intent of anyone or the purpose of this plan to eliminate anyone from employment.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does commit their support and cooperation to a classification survey of positions covered by the CSEA Administrative Contract to be conducted by the Municipal Services Division and to implement a more equitable classification plan based on the recommendations to be made upon completion of the survey, and

BE IT FURTHER RESOLVED, that after the classification survey is completed an internal and external salary equitable study will be conducted by Municipal Services Division and the Legislature will give serious consideration to the salary information provided, and

BE IT FURTHER RESOLVED, that copies of this resolution shall be provided to James Gerrity of New York State Civil Service - Municipal Services Division, Tammy Brown, President CSEA Administrative Unit and all Department Heads.

RESOLUTION NO. 198 Motion by Little, Second by Marvel.

    RE: RESOLUTION IN SUPPORT OF THE SOUTHERN TIER CENTRAL REGIONAL PLANNING AND DEVELOPMENT BOARD'S PROPOSAL TO DEVELOP AN ADMINISTRATIVE GRANT APPLICATION FOR A RURAL TRANSPORTATION PLANNING ORGANIZATION (RPO) FOR STEUBEN AND SCHUYLER COUNTIES.

WHEREAS, in urban areas of more than 50,000 population there exists twelve (12) Metropolitan Planning Organizations (MPO) for the purpose of providing local input into the regional transportation planning process, and

WHEREAS, the Transportation Efficiency Act for the 21^st Century (TEA-21) authorizes the establishment of Rural Planning Organizations (RPO) in those areas not served by a Metropolitan Planning Organization (MPO), and

WHEREAS, the regional offices of the New York State Department of Transportation (NYSDOT) currently perform the transportation planning functions of an MPO in areas of New York State not served by MPO's, and

WHEREAS, the Southern Tier Central Regional Planning and Development Board has proposed to develop an application to the NYSDOT to establish a demonstration RPO for Steuben and Schuyler Counties, and

WHEREAS, the establishment of said RPO would provide an opportunity for Steuben and Schuyler Counties to implement a long range transportation planning process to provide input to State and Federal transportation funding decisions.

NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature does hereby support the development by the Southern Tier Central Regional Planning and Development Board of an administrative application to propose the establishment of a Rural Planning Organization for transportation planning for Steuben and Schuyler Counties, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be forwarded to William Hess, Executive Director, Southern Tier Central Regional Planning and Development Board.

DISCUSSION: Legislator Marvel explained that a transportation plan is lacking in this County. The municipalities have had this and now the State government has finally recognized the need for this. It is a minimal amount that the County will have to spend.

VOTE: Passed 8-0.

RESOLUTION NO. 199 Motion by Little, Second by Larison.

    RE: AUTHORIZE APPOINTMENT - PLANNING COMMISSION

BE IT RESOLVED, that Legislator Glenn R. Larison be appointed to the Schuyler County Planning Commission to represent the Town of Catharine with a term to expire December 31, 1999.

VOTE: Passed 8-0.

RESOLUTION NO. 200 Motion by Little, Second by Larison.

    RE: AUTHORIZE CONTRACT RENEWAL WITH SCOPED, INC.

WHEREAS, the original contract between the County of Schuyler and SCOPED, Inc. originated on June 9, 1998 and was to be renewed on an annual basis for two years thereafter, and

WHEREAS, the Community Development & Natural Resources Committee wishes to renew the contract from June 9, 1999 to June 9, 2000 and appropriate the amount of $125,000 into the 2000 budget.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a renewal contract with SCOPED, Inc. for economic development services for the term June 9,1999 to June 9, 2000 in the amount of $125,000, contract subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby directed to appropriate the amount of $125,000 into the 2000 budget for the above mentioned contract.

VOTE: Passed 8-0.

RESOLUTION NO. 201 Motion by Little, Second by Larison.

    RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 1999 AMENDING LOCAL LAW NO. 2 OF 1988 TO EXTEND A 2% ROOM TAX TO ALL BED & BREAKFAST OWNERS

WHEREAS, the Community Development and Natural Resources Committee recommends extending a 2% room tax to all Bed & Breakfast owners, and

WHEREAS, in order to extend the 2% room tax to all Bed & Breakfast owners, Local Law No. 2 of the Year 1988 needs to be amended.

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2/ Local Law No. Of the Year 1999 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 July 12, 1999 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

Section 1. INTENT
The intent of this Local Law is to expand the types of lodging accommodations subject to the 2% room tax imposed under Local Law No. 2 of the year 1988 to include bed and breakfast and tourist accommodations regardless of the number of rooms.

Section 2. HISTORY
In accordance with the New York State Tax Law, Local Law No. 2 of the year 1988 imposed a room tax on lodging facilities, including those facilities commonly known as “bed and breakfast and tourist facilities”, but limited the application of such tax to facilities having six (6) or more rooms.

Section 3. TEXT
Local Law No. 2 of the year 1988 is hereby amended as follows:
The following subsections are changed to read:

1.b. Operator. Any person operating a hotel, motel, bed and breakfast or tourist facility in the County of Schuyler, including but not limited to, the owner or proprietor of such premises, lessee, sub- lessee, mortgagee in possession, licensee or any other person otherwise operating such hotel, motel, bed and breakfast or tourist facility.

1.c. Hotel. A building, or portion of it, having one or more rooms which is regularly used and kept open as such for the lodging of guests. The term “hotel” or “motel” includes an apartment hotel, motor court or inn, boarding house or club, or similar hotel or motel type of accommodations by whatever name designated, whether or not meals are served and shall include those facilities commonly known as “bed and breakfast” and “tourist” facilities.

2. IMPOSITION OF TAX
On and after the first day of September, 1999, there is hereby imposed and shall be paid a tax of 2% upon the rent for every occupancy of a room or rooms in a hotel, motel, bed and breakfast or tourist facility having one or more rooms in this County except that the tax shall not be imposed upon (1) permanent resident, or (2) exempt organizations as hereinafter set forth.

6. REGISTRATION
Within ten (10) days after the effective date of this Local Law, or in the case of operators commencing business after such effective date, within three (3) days after such commencement or opening, every operator shall file with the Treasurer a certificate of registration in a form prescribed by the Treasurer.

Section 4. EFFECT ON PRIOR LOCAL LAW
All provisions of Local Law No. 2 of the year 1988 not amended hereby shall remain in full force and effect.

This Local Law shall take effect upon filing in the office of the Secretary of State as provided by the Municipal Home Rule Law.

DISCUSSION: Legislator Marvel explained that the Community Development and Natural Resources Committee has met and discussed this local law with the Bed & Breakfast owners in the County. It will be very beneficial. He received a letter from motel owners asking the County to extend this room tax to all that rent rooms in hopes of reducing the tax by 1%. The County Attorney advised his committee that if the County wanted to go in that direction, it would require the State Legislature draft legislation. The original legislation allowed a 2% tax regardless of room size and the County opted to tax only Bed and Breakfasts with six rooms or more. In 1988 there were not a lot of Bed & Breakfasts in the County. Since then, a large growth has happened and it now makes sense to extend the tax to all of them. He feels this is the simplest solution. This resolution tonight is for introduction only so that the Legislature may hold a public hearing.

VOTE: Passed 8-0.

RESOLUTION NO. 202 Motion by Little, Second by Hastings.

    RE: RESOLUTION OF SUPPORT FOR THE ELIMINATION OF THE SUNSET PROVISION OF THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF)

WHEREAS, the Local Government Records Management Improvement Fund was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York's more than 4300 local governments, and

WHEREAS, a sunset date for the LGRMIF was established in the original legislation to permit its operation as a five-year experiment, and

WHEREAS, the LGRMIF operated successfully and supported essential advisement and grants projects signally to improve the management of records and information in local governments, and

WHEREAS, the New York Legislature in 1995 extended the sunset date to December 31, 2000, and

WHEREAS, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments at no cost to the taxpayers, and

WHEREAS, Schuyler County has benefitted from technical assistance, training, publications and five grants totaling $250,088 supported by the LGRMIF, and

WHEREAS, the LGRMIF continues to be critically important in the fulfillment of the many records and information related responsibilities of Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the elimination of said sunset provision of December 31, 2000 in order to make the LGRMIF permanent.

VOTE: Passed 8-0.

RESOLUTION NO. 203 Motion by Little, Second by Hastings.

    RE: AUTHORIZE APPOINTMENT OF TRI-COUNTY YOUTH REPRESENTATIVE - YOUTH BUREAU

BE IT RESOLVED, that David M. Sanders, Jr., Youth Services Planner of the Schuyler County Youth Bureau be appointed to represent Schuyler County on the Chemung-Schuyler-Steuben Workforce Development Youth Council.

VOTE: Passed 8-0.

RESOLUTION NO. 204 Motion by Little, Second by Hastings.

    RE: AMEND RESOLUTION NO. 172-99 REGARDING TITLE IIB SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM GRANT - YOUTH BUREAU

WHEREAS, Resolution No. 172-99 regarding an application for Chemung-Schuyler-Steuben Workforce Development Board Title IIB Summer Youth Employment and Training Program grant needs to be amended in regards to changing the hiring of two teachers to one youth counselor, and

WHEREAS, this matter has been addressed and approved by the Personnel Department.

NOW, THEREFORE, BE IT RESOLVED, that the fifth "Be It Resolved" clause in Resolution No. 172-99 that relates to the employees be amended to read as follows:

"...BE IT FURTHER RESOLVED, that the Youth Services Planner of the Schuyler County Youth Bureau be authorized to increase the hours of the Youth Program Coordinator from 17 hours per week to 35 hours per week for twelve weeks, hire up to two full-time Youth Counselors at a salary of $11.74 per hour for 35 hours per week for eight weeks, starting June 7^th and one part-time Youth Counselor at a salary of $11.74 per hour for 24 hours per week, for four to six weeks, and...."

VOTE: Passed 8-0.

RESOLUTION NO. 205 Motion by Hastings, Second by Marvel.

    RE: AUTHORIZE RENEWAL OF MEDICAL TRANSPORTATION AGREEMENT WITH SCHUYLER ARC - SOCIAL SERVICES

WHEREAS, the Department of Social Services wishes to continue providing medical transportation for recipients of Medicaid, and

WHEREAS, the Arc of Schuyler County has been providing this service to the Department in the past, and

WHEREAS, the Department and Arc has agreed to continue this service with a decrease of the semi-fixed route services from $1.32 per mile to $0.82 per mile for mileage in excess of 30,000, and

WHEREAS, demand-responsive transportation (individual runs that cannot be accommodated in the semi-fixed route schedule) will be arranged with at least 48 hours notice and will be billed separately at a rate of $1.32 per mile, and

WHEREAS, the demand-responsive transportation will be available between the hours of 8:00 am - 2:30 pm.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to renew the medical transportation agreement for the Department of Social Services with the above-noted changes for the term July 1, 1999-June 30, 2000; agreement subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 206 Motion by Hastings, Second by Marvel.

    RE: AUTHORIZE ESTABLISHMENT OF ACCOUNT FOR AUTO SKILLS TRAINING GRANT - DSS

WHEREAS, the Department of Social Services has been awarded an allocation of $20,702.00 from the New York State Department of Labor to provide Auto Skills Training to eligible recipients of Public Assistance.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the appropriate budget accounts as set forth below:

+ $20,702 6010.314 Expense
+ $20,702 6010-4610 Revenue

VOTE: Passed 8-0.

RESOLUTION NO. 207 Motion by Hastings, Second by Marvel.

    RE: ACCEPT/REJECT BIDS FOR ONE NATURAL GAS FUELED GENERATOR - EMERGENCY MANAGEMENT

WHEREAS, the County has advertised for bids for one (1) Natural Gas Fueled Generator, and

WHEREAS, two bids were submitted and reviewed, with recommendation for acceptance and rejection being made by the Director of Emergency as set forth below.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the bid from R.L. Kistler, Inc., 300 Buell Road, Rochester, NY 14624 in the amount of $19,980 for one (1) Natural Gas Fueled Generator, and

BE IT FURTHER RESOLVED, that the bid from Syracuse Supply, 294 Ainsley Drive, P.O. Box 37, Syracuse, NY 13205, in the amount of $15,770 was disqualified and therefore was rejected.

VOTE: Passed 8-0.

RESOLUTION NO. 208 Motion by Karius, 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, 1998 through March 31, 1999, 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. 209 Motion by Karius, Second by Little.

    RE: ACCEPT/REJECT BIDS FOR THE TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FOR THE PERIOD 7/1/99-6/30/2000 - PUBLIC HEALTH

WHEREAS, Resolution No. 154-99 authorized advertising for bids for transportation of preschool handicapped children, and

WHEREAS, bids were received and opened at the June 7, 1999 Legislative Resolution Review Committee meeting.

NOW, THEREFORE, BE IT RESOLVED, that the bid from Birnie Transportation for transportation of preschool handicapped children to and from The Frank Pierce Early Childhood Center and SCT BOCES-Horseheads from July 1, 1999 to June 30, 2000 in the amount of $133.00 per child per day plus $12.50 per additional child be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that the bid from Birnie Transportation for transportation of preschool handicapped children to and from The Special Children's Center from July 1, 1999 to June 30, 2000 in the amount of $178.00 per child per day plus $15.00 per additional child be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that the bid from Birnie Transportation for transportation of preschool handicapped children to and from SCT BOCES-Watkins Glen from July 1, 1999 to June 30, 2000 in the amount of $197.00 per child per day plus $10.50 per additional child be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that the bid from Birnie Transportation for transportation of preschool handicapped children to and from Chemung County UCP from July 1, 1999 to June 30, 2000 in the amount of

EXHIBIT "A"
MORTGAGE TAX DISTRIBUTION AMONG TOWNS AND VILLAGES
OCTOBER 1, 1998 THROUGH MARCH 31, 1999

                    In Assess     Out Assess     Total Value      Total Dbld.     Vill. Sh      Town Share     Distribution      Percentage
Catharine   5,120,762      14,486,125    19,606,887      39,213,774     839.32      5,588.06         6,427.38          13.0586
Cayuta                              16,783,164  167,83164        33,566,328                      1,434.76          1434.76             0.0000
Dix WG   55,778,307        55,660,490  113,216,910   226,433,820  5,910.86    17,896.05       23,995.34          24.6334
Dix MF     1,778,113                                                                            188.43                                                        0.7853
Hector       6,404,599    162,063,689   168,468,288   336,936,576      601.25    31,029.65       31,630.90           1.9008
Montour    1,050,702      10,608,212     26,957,365     53,914,730       191.82      6,857.93          9,842.62            1.9488
(OD)
Montour  15,298,451                                                                         2,792.87                                                       28.3753
(MF)
Orange                            21,257,979     21,257,979      42,515,958                        4,666.62         4,666.62             0.0000
Reading     7,992,463      61,760,592     69,753,055   139,506,110       579.37       9,533.35       10,112.72             5.7291
Tyrone                             87,620,458     87,620,458    175,240,916                     11,025.26      11,025.26                0.00

TOTALS  93,423,397   430,240,709   523,664,106   1,047,328,212  11,103.92   88,031.68   99,135.60          76.4313

APPROVED BY COMMITTEE: /s/ Delmar F. Bleiler, Jr.
                                                    /s/ Patricia L. Hastings
                                                   /s/ Richard L. Little
                                                   /s/ Jerold D. Marvel

$157.00 per child per day plus $15.00 per additional child be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that the bid from Oaks Garage for transportation of preschool handicapped children to and from Yates ARC/Keuka Lake Schools from July 1, 1999 to June 30, 2000 in the amount of $89.00 per child per day plus $30.00 per additional child be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that both bids, one from Birnie Transportation and one from Oaks Garage, for transportation of preschool handicapped children for miscellaneous 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 8-0.

RESOLUTION NO. 210 Motion by Karius, Second by Little.

    RE: AUTHORIZE LITIGATION : TOWN OF DIX AND COUNTY OF SCHUYLER -VS- ALBERT AND FRANCES VALENT

WHEREAS, Albert Valent owns lands on Baker Hill Road, Town of Dix, Schuyler County, New York, through which passes Baker Hill Road, and

WHEREAS, Albert and Frances Valent have publicly given notice of an intention to block Baker Hill Road, a town road open to public passage by law, and

WHEREAS, Albert and Frances Valent have placed or caused to be placed within the right-of-way of said town road signs, gate posts and gates which structures are a danger to public safety, and

WHEREAS, on information and belief, said Valents intend to use the signs, gate posts and gates in furtherance of an illegal blockage of the road, and

WHEREAS, blocking the roadway would constitute a great danger to public safety, and

WHEREAS, it is the duty of the Sheriff to eliminate dangers to public safety in the roadways.

NOW, THEREFORE, BE IT RESOLVED, that the County Attorney’s Office be hereby authorized to join in an action by the Town of Dix on behalf of the County of Schuyler for the removal of all structures from the right-of-way and for a permanent injunction forbidding Respondent Valents from blocking Baker Hill Road and to take any and all further/other measures allowed by law in the premises.

DISCUSSION: Legislator Marvel requested that Attorney Coleman explain this resolution for the record. Attorney Coleman explained that this is a town road that Mr. Valent is blocking. The Sheriff's Department is responsible for all enforcement in the County and the County has an obligation to eliminate hazards. If the road is blocked it is considered a hazard and is illegal. The County is the second party plaintiff with the town being the primary. When the issue comes to court it will be a matter of public record. Pleadings will become public. The town will proceed with due process.

VOTE: Passed 8-0.

RESOLUTION NO. 211 Motion by Little, Second by Marvel.

    RE: AUTHORIZE OUT OF STATE TRAVEL - MENTAL HEALTH

WHEREAS, the Director of Community Services/Public Health has been invited to the National Association of City and County Health Officials annual conference in Dearborn, Michigan, and

WHEREAS, the employee has submitted a voucher requesting a scholarship to this conference.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the Director of Community Services/Public Health's request to travel out of state to attend the National Association of City and County Health Officials annual conference. It is understood there are funds in the 1999 budget to cover this expense and no additional cost to the County will be incurred.

VOTE: Passed 8-0.

RESOLUTION NO. 212 Motion by Little, Second by Marvel.

    RE: AUTHORIZE CREATION OF Y2K COORDINATION COMMITTEE

WHEREAS, there are many parties involved in assuring Schuyler County's readiness for Year 2000 and it is desirable to have a committee for coordination of all these efforts.
NOW, THEREFORE, BE IT RESOLVED, that a Special Committee of the Legislature be created as follows:

NAME OF COMMITTEE: Y2K Coordination Committee
PURPOSE: Coordination of Year 2000 compliance and readiness throughout the County. The Committee will report directly to the County Legislature in an advisory capacity.

MEMBERS: Tom Bloodgood, Real Property Tax Director
Nancy Peters, County Treasurer
William Randolph, Emergency Management Coordinator
Michael Maloney, County Sheriff
David Lisk, Building Maintenance Supervisor
Greg Mathews, County Highway Superintendent
Dennis Morris, Assistant County Attorney

VOTE: Passed 8-0.

RESOLUTION NO. 213 Motion by Hastings, Second by Karius.

    RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 1999 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS FOR FISCAL YEARS 2000, 2001, 2002 AND 2003

WHEREAS, a proposed Local Law setting salaries for certain elected officials for fiscal years 2000, 2001, 2002 and 2003 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held June 14, 1999, 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 1999, 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 1999, together with the required text thereof in the official County newspaper.

LOCAL LAW NO. 1 OF THE YEAR 1999

A Local Law Setting Salaries for Certain Elected Officials for Fiscal Years, 2000, 2001, 2002, 2003.

Section 1. LEGISLATIVE INTENT

This Local Law in enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salaries of certain elected officials for the fiscal years 2000, 2001, 2002 and 2003.

Section 2. OFFICIALS/SALARIES

Effective with the first County payroll for fiscal years 2000, 2001, 2002 and 2003 the annual salaries of the following officials are hereby established, to wit:

TITLE                                 2000 SALARY     2001 SALARY    2002 SALARY     2003 SALARY
Chairman of Legislature     $10,000                      $10,000                  $10,000                  $10,000
Legislators                         $  5,000                      $ 5,000                   $   5,000                  $  5,000
County Treasurer               $37,000                      $38,000                   $39,000                   $40,000

Section 3. EFFECTIVE DATE
This Local Law shall take effect immediately upon the filing with the Secretary of State.

VOTE: Passed 8-0.

REPORT ON STANDING COMMITTEES:

Legislator Hastings reported on the Public Safety/Criminal Justice Committee. She is trying to find a spot that the Department of Environmental Conservation (DEC) will approve for fire training grounds other than at the Rural Urban Center. That location was named after a Montour Falls fireman. The fire department will find another place for the monument. She also reported that the Soil and Water Conservation District has almost completed its barnyard project on Hayes Road.

Legislator Little referred his committee report on the Public Works Committee to Legislator Hastings. Legislator Hastings reported that there was a meeting with New York State Department of Transportation (DOT) representatives, town and village officials. She felt is was a good meeting. There was a concern from business people on the restrictions on State Route 414 and 224. There is a State law that says when a road is restricted, it can only be used businesses along the route. They are looking into the law. She has written a letter to the municipalities involved and has asked that they respond with comments or suggestions. There was also discussion about holding a public meeting. Legislator Little also stated that everyone should check out the work done by the Buildings and Grounds Department at Seneca Harbor Park. They have done a great job, along with the Highway Department.

Legislator Young reported on the Human Services Committee. Watkins Glen International has agreed to hire Schuyler County youth this year and will provide the tools and supervision. She gave some dates where the races will be going on and how much help will be needed at each race. She hopes kids will apply for the jobs this summer. She also stated that the Summer Youth Employment and Training program is working on helping kids receive high school diplomas and providing counseling for job skills. It is a very positive program.

Legislator Bleiler reported on the Management and Finance Committee. The Management/Confidential Salary Plan sub-committee has been formed and has held two meetings so far. They are in the process of reviewing the plan and hope to agree on some improvements. One of the improvements is how management receives raises and appraisals.

Legislator Larison reported the Forest Practice Board has been requested to create a generic land use law for towns to use as a guideline for their own laws. The board is in the process of creating that law. He also attended a Fish and Wildlife meeting and they discussed new license fees and where the money is going. They feel the State receives too much of the revenues from the fees.

Legislator Marvel reported on the Community Development and Natural Resources Committee. The Cornell Cooperative Extension office has begun the process of interviewing for a new planner. Cornell Cooperative Extension is responsible for planning activities in the County. Charlie Fausold has done an excellent job in selecting who to interview. There has been little movement on the IMAX Theater and Hotel project at the lakefront. It has been pushed back to September. SCOPED has applied for a development grant through Southern Tier Central Regional Planning and Development Board. The grant has made it through two committees so far and they should hear something in October. Susan Payne from SCOPED has been working on a strategy for water and sewage for Watkins Glen International.

UNFINISHED BUSINESS: None.

NEW BUSINESS: None.

PUBLIC PARTICIPATION:

Robert Burnside asked how the Shared Fuel Facility is going. Legislator Hastings stated that it is going great and there are more and more users coming on board.

Bill Weiss noted that the Mobile Work Crew has worked hard on the lakefront project.

Casey Creamer asked why cottages do not apply to the room tax. He also asked if the tax was on just the rate of the room or is it based on the whole tab. Attorney Coleman explained that the first part is administration of tax, set out in the original Local Law. The original law does not say cottages, it does say boarding houses and does not include campgrounds. Administration and returns go to the Treasurer. The Treasurer believes it is charged by the room rate, but she would have to read the law again.

Suzanne York questioned the advertising and the fee to be in the Chamber of Commerce brochure. Legislator Marvel tried to explain that only members of the chamber are included in the brochure. Suzanne feels they all should be in there free of charge if they are charging a room tax.

The meeting adjourned at 7:50 p.m.

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

REGULAR MEETING
JULY 12, 1999

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

PUBLIC PARTICIPATION:

Casey Creamer asked why the second "Whereas" in Resolution No. 240 refers to slower service. He feels this is moving toward centralization, every business in the County is looking at doing this. Legislator Bleiler explained that it is an economic issue, it will still cost the County the same to run the office with or without that revenue. It would be costing the County more and saving the state more. Bob Burnside feels the savings estimated by the State may not be accurate. He also feels the local Department of Motor Vehicles (DMV) can provide a better service for folks than the office in Albany. Tom Ryan feels the local DMV office should be kept here for people to have someone to talk to and explain things.

Tom Ryan also commented on the tire recycling day that Cornell Cooperative Extension held. He feels they should be commended for a job well done and he hopes it will be held again next year.

Casey Creamer commented on Resolution No. 224 relative to the smoke free policy. He feels this resolution is best because it appeases people and the County is not making any laws. Legislator Karius stated that they are just urging local businesses to do this.

PUBLIC HEARING ON LOCAL LAW NO. 2 OF THE YEAR 1999 AMENDING LOCAL LAW NO. 2 OF 1988 TO EXTEND A 2% ROOM TAX TO ALL BED & BREAKFAST OWNERS:

Casey Creamer asked if the 2% is applied to rent for every occupancy, or for breakfast. Chairman Gifford explained that this has been discussed at length. Unless the Bed & Breakfast establishment is willing to split out the meal, 2% is applied to both. Attorney Coleman agreed, unless or until they split the bed and the breakfast the gross will be subjected to the tax.

Deborah Chambers, owner of a Bed & Breakfast, said she was not aware of this until she read it in the paper. She asked for some background. Legislator Marvel explained that his committee received a petition from motel owners to look at this issue. The Community Development and Natural Resources Committee decided that the easiest way was to amend the original local law from 1988 and include all bed & breakfasts. He had a special Community Development and Natural Resources Committee meeting and invited all Bed & Breakfast owners. Only three or four owners showed up. Since then it passed through his committee and has been introduced as Local Law No. 2 of the year 1999. He feels there was ample notice out there that they were contemplating this. Attorney Coleman added that this room tax law is reflective off a state law authorizing Schuyler County to have it and they are to only act within the parameters of the state law. Campgrounds are not included. Also, the County was approached on the basis that the desired change in the law was to level the playing field. The County has attempted to make the law as inclusive as the state law will allow.

The Treasurer stated that the purpose of the room tax is to promote and support tourism. All businesses benefit from the advertising.

Deborah Chambers stated that she is not in favor of this at all for any business, there are counties that do not have any room tax. She asked how Yates and Ontario counties do it without charging room tax. She asked that the Legislature look at other counties and how they promote their area. As far as money being used to promote, is it designated? Margaret Cook from the Chamber of Commerce explained that the money is designated for the County. These are not funds designated to the Chamber for anything other than tourism. They are solely used for advertising and promotion to attract visitors. She referred to a handout and gave some statistics.

Deborah Chambers asked if only members of the Chamber of Commerce get listed in the travel guide. Margaret said no, and explained that there are different levels to participate, the rate is reduced if you are a member. She also explained that the Chamber uses "I Love NY" funds and the room tax serves as a match.

Sandy Schmanke stated that their Bed & Breakfast is only in season for four to five months. She feels this will penalize a tourist with a tax that is unfair.

George Conway asked what the County expects to receive from this change, and wondered if there should be a room tax at all. He feels Schuyler County does not have the market to draw in the people. Legislator Marvel stated that, at best, they project between $8-9,000 additional revenue. George asked what percent that is of the current revenue amount. The Treasurer said less than 25%.

Dan Marosy asked who will manage the situation and make sure all owners participate? Is the County going to call cottage owners to see if they rent? He feels our customers may go to Yates County since they do not have a room tax. It seems like a small percentage to have to pass along to the guests and more paperwork for the owners. Legislator Marvel explained that the present local law does not allow a room tax on cottages.

Carolyn Clarke, owner of the Clarke House Bed & Breakfast, said she feels it is difficult to collect this tax when Yates County does not. A lot of people have paid a bill already for advance reservations. It will be difficult to collect this tax now, when the County is also considering raising the sales tax to 8%.

Michelle Marcellus feels that all citizens of Schuyler County should be trying to get tourists and everyone in the County to contribute to a tax where we all would benefit from tourism promotion. She feels it is not fair that the motels pay and no one else does.

Deborah Chambers said that is a misconception, people in Schuyler County are not contributing to this, it is the tourists. Perhaps it should be the responsibility of the owners. We should model ourselves after a County that does not charge this room tax.

Victor Franzese stated that he was involved twenty years ago when this original room tax was brought up. Had we known Bed & Breakfasts would be so popular we would have included them then. The County needed help in the form of dollars to support advertising. It was a matter of implementing a room tax as an avenue to get more people here to spend their money. Through the years, a lot of people ask about it. Most people are against a high sales tax but they do not mind a 2% room tax if it benefits them. Today if you look at it in the same light, they are far more competitive. We still need the dollars to show that this County exists.

Sandy Schmanke from the Red House needs to go on the record by saying that she feels any of these extra taxes are a negative. We should not put a negative out to bring people in. She asked who is responsible for searching out other ways to bring in the money. Chairman Gifford explained that this process started four months ago. There have been committee meetings dedicated to this subject for input. It has been a long process.

Deborah feels the effective date should be January 1, 2000 not September 1, 1999. Some people have already pre-paid for a room. She feels they need to be able to forewarn their customers. Attorney Coleman explained that a pre-pay rate set before the effective date is a done deal and does not fall within this tax.

Doug Thayer asked about a deposit being sent and payment being made upon arrival. Attorney Coleman said to keep things rational, a confirmation is binding of a contract in writing.

Greg Bitler, owner of the Chieftan Motel, stated that he started this petition. He knows how the revenue is spent. In looking at the handout from the Chamber, without a 2% room tax we would not have a lot of things, maybe not even a Chamber of Commerce. It is spent to bring in tourist of all kinds. We need this money to promote Schuyler County. He agrees with a lot of people here tonight, he would love not to choose to charge the tax. In reality it takes money to promote. This benefits everyone. As motel owners, we would like more money spent on promotion. Other counties have a bigger tax base, more population, etc. This County can not afford it, they are looking at raising the sales tax to 8%. That is a big concern of his. Taxes will then be 10% to his customers. He asked the Schuyler County Legislature to reduce the room tax to 1.5% to keep the same dollars coming in. He asked that they please postpone this vote and do some more research.

RESOLUTION NO. 213 Motion by Larison, Second by Young.

    RE: APPROVE MINUTES OF THE JUNE 14, 1999 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the June 14, 1999 Regular Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 8-0.

RESOLUTION NO. 214 Motion by Little, Second Hastings.

    RE: AUTHORIZE TRANSFER OF FUNDS FROM MACHINERY DIESEL FUEL TO MACHINERY OVERTIME - HIGHWAY

WHEREAS, the overtime account in Machinery Personal Services is depleted, however, there are funds available in the Diesel Fuel account.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $5,000 from Diesel Fuel account no. 5130.526 to Machinery Overtime account no. 5130.101.

VOTE: Passed 8-0.

RESOLUTION NO. 215 Motion by Little, Second by Hastings.

    RE: RESOLUTION TO AUTHORIZE REFUND, PARCEL 87.5-1-17 - TOWN OF MONTOUR

WHEREAS, application for refund has been made in accordance with Section 556 of the Real Property Tax Law for parcel 87.5-1-17, owned by John and Marie Pelham in the Town of Montour, Village of Montour Falls, and

WHEREAS, the assessor has indicated that there existed an error in essential fact as defined in Section 550 (3) (b) of the Real Property Tax Law, and

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

NOW, THEREFORE, BE IT RESOLVED, that the 1999 tax roll be corrected and the County Treasurer be authorized to issue a refund in the amount of $80.46, and

BE IT FURTHER RESOLVED, that the Odessa-Montour School District be charged back $30.98 (School tax $30.11, Library tax $.87), the Town of Montour be charged back $14.26, that the County share of $35.22 be charged to the A342, Uncollectible Taxes, and the copies of this resolution be provided to the Odessa-Montour Central School District and the Town of Montour.

Land Total
1998 Final Assessment $2,500 $28,550
Corrected Assessment $2,500 $27,050

VOTE: Passed 8-0.

RESOLUTION NO. 216 Motion by Little, Second by Hastings.

    RE: AUTHORIZE RENEWAL OF LABOR ONLY SERVICE AGREEMENT WITH STANDARD REGISTER - SOCIAL SERVICES

WHEREAS, the Schuyler County Department of Social Services has an Electric Check Disburser, Model T9809, Serial Number X5064, and

WHEREAS, it is cost effective to renew the labor only service agreement in lieu of purchasing a new disburser.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to renew the labor only service agreement with Standard Register for $345 per year (a $12 increase from 1998) and that the Chairman of the Legislature be hereby authorized to sign the agreement, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 217 Motion by Larison, Second by Little.

RE: AUTHORIZE INCREASE IN SOCIAL SERVICES BUDGET FOR DAY CARE PROVIDER REGISTRATION

WHEREAS, the New York State Office of Children and Family Services is providing $25,500 for the Department of Social Services to register family and school-age day care providers.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to increase the Social Services budget as follows:

AMOUNT          ACCOUNT          DESCRIPTION
+ $25,500          6010.435              Professional Services
+ $25,500          6010-3610           State Aid - Administration

VOTE: Passed 8-0.

RESOLUTION NO. 218 Motion by Larison, Second by Little.

    RE: AUTHORIZE PURCHASE OF TRUCK - SOCIAL SERVICES

WHEREAS, the Department of Social Services has received notification that the WORK NOW funds may be used to purchase a vehicle at no cost to the County, and

WHEREAS, the Employment Unit has frequently needed to transport construction materials for the current garage project and anticipates pursuing future construction projects under the Governor's "Built on Pride" initiative.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to purchase a used pickup truck through WORK NOW funding not to exceed $8,000, pending written approval from the state.

VOTE: Passed 8-0.

RESOLUTION NO. 219 Motion by Larison, Second by Little.

    RE: AUTHORIZATION TO ENTER INTO A CONTRACT WITH GENE SCREEN FOR GENETIC PARENTAGE TESTING SERVICES FOR SOCIAL SERVICES CASES

WHEREAS, the Schuyler County Child Support Unit wishes to provide genetic parentage testing services for Schuyler County Department of Social Services cases, and

WHEREAS, the Laboratory has an extensive array of genetic marker tests from which to construct test batteries that will provide at least probability of paternity greater than 99% in all cases where the alleged father is not excluded from paternity or power to exclude more than 99.5% of randomly selected males, and

WHEREAS, all specimens for genetic parentage testing will be handled by standard chain of custody procedures at a cost of $48 per person.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute an agreement between Schuyler County Department of Social Services and Gene Screen for parentage testing at a cost of $48 per person; subject to the approval of the County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 220 Motion by Karius, Second by Little.

    RE: AUTHORIZE RESOLUTION OF SUPPORT TO FEDERAL REPRESENTATIVES REQUESTING SUPPORT FOR FUNDING VETERANS SERVICES

WHEREAS, the proposed Federal Budget for fiscal year 2000-2001 leaves the Veterans Administration with insufficient funds by $1.9 billion, and

WHEREAS, it is imperative that the Veterans Administration be adequately funded to meet the growing health care needs of America's aging veterans.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby support increased funding for the Veterans Administration in the minimum amount of $1.9 billion to maintain current services and facilities to veterans, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature be directed to send certified copies of this resolution to the Hon. Amory Houghton, Jr., Hon. Charles E. Shumer, Hon. Daniel P. Moynihan, the House and Senate Committee on Veterans Affairs and the House and Senate Appropriations Subcommittees.

VOTE: Passed 8-0.

WITHDRAWN

    RE: AUTHORIZE RESOLUTION OF SUPPORT RELATIVE TO MEDICAID COST CONTAINMENT

WHEREAS, the State of New York initially enacted measures to control the cost of Medicaid expenditures in 1995, and

WHEREAS, the current measure expired on June 30, 1999, and

WHEREAS, the State was required to notify the Health Care Financing Administration (HCFA) of the Federal government by June 30^th of its intent to renew these cost containment measures in order to keep them in place, and

WHEREAS, Governor Pataki submitted a bill to the State Legislature on June 21^st renewing the cost containment measures, and

WHEREAS, the Governor's bill would protect New Yorkers from property tax increases while sparing County governments a severe fiscal burden by controlling the growth in Medicaid spending, and

WHEREAS, the State Senate voted 54-2 to approve the cost containment legislation, and

WHEREAS, the State Assembly failed to bring the measure to the floor for a vote, and

WHEREAS, failure to renew the cost containment measures will cost the taxpayers of Schuyler County an additional $90,000.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature strongly urges the NYS Assembly to approve legislation supporting Medicaid cost containment measures at their earliest convenience in order to ensure the next deadline of September 30^th is met, and

BE IT FURTHER RESOLVED, that the Governor, NYS Senate and NYS Assembly enact legislation assuming full financial responsibility for the non-Federal portion of all Medicaid costs, thus relieving New York City and County governments of the fiscal burden created by this costly program.

WITHDRAWN

    RE: AMEND 1999 COUNTY BUDGET - PUBLIC HEALTH

WHEREAS, the need exists for the Public Health/Home Health Agency to amend the 1999 County budget to increase contractual expenses and computer equipment, and

WHEREAS, additional revenues are expected to offset these expenses.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to amend the following accounts in the Public Health/Home Health Agency's 1999 budget as follows:

Expenses:
4010.208 Computer Equipment $10,000
4010.400 Contractual $50,000
Revenues:
4010-1610 Home Nursing Charges Revenue Account $60,000, and

BE IT FURTHER RESOLVED, that this Legislature authorizes the expenditures for these items.

RESOLUTION NO. 221 Motion by Karius, Second by Little.

    RE: AUTHORIZE CONTRACT WITH STAFKINGS HEALTHCARE SYSTEMS, INC. FOR HOME HEALTH AGENCY SERVICES

WHEREAS, the Home Health Agency may need to contract for additional home health services as the need arises in the future, and

WHEREAS, Stafkings Healthcare Systems, Inc., will provide these services at their established rates.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be hereby authorized to execute, and the Chairman of the Schuyler County Legislature be authorized to approve an ongoing contract with Stafkings Healthcare Systems, Inc. to provide home health services from July 1, 1999 through December 31, 2000, at the rates listed below, subject to the approval of the Schuyler County Attorney:

Registered Nurse $25.00/hour
Registered Nurse for High-technology case $32.50/hour
Licensed Practical Nurse $21.25/hour
Home Health Aide $13.50/hour
Personal Care Aide $12.75/hour

VOTE: Passed 8-0.

RESOLUTION NO. 222 Motion by Karius, Second by Little.

    RE: ACCEPT HUNT ENGINEERS AND ARCHITECTS PROPOSAL - PUBLIC HEALTH

WHEREAS, the Health Services Committee has authorized the Director of Public Health to investigate options for space needs for the Public Health/Home Health Agency, and

WHEREAS, Hunt Engineers has submitted an Architectural Services Proposal in the amount of $5,000 to develop and prepare a conceptual design and complete preliminary work.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the expenditure of $5,000 from account no. 4010.400 to Hunt Engineers for the Architectural Services Proposal dated May 18, 1999 for the Public Health/Home Health Agency.

VOTE: Passed 8-0.

RESOLUTION NO. 223 Motion by Little, Second by Karius.

    RE: AUTHORIZE FILLING ACCOUNT CLERK TYPIST OR DATA ENTRY MACHINE OPERATOR - MENTAL HEALTH

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

WHEREAS, the need exists for filling at least one position, which has been postponed in part to determine the needs following the consolidation of 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 one position, either the Account Clerk Typist or Data Entry Machine Operator position, effective immediately. Funding for this position is available in the 1999 County budget.

VOTE: Passed 8-0.

RESOLUTION NO. 224 Motion by Little, Second by Karius.

    RE: RESOLUTION IN SUPPORT OF "SMOKE-FREE RESTAURANT" POLICY

WHEREAS, the Schuyler County Tobacco Awareness Committee has approached the Schuyler County Legislative Health Services Committee to gain support of a ban on smoking in restaurants throughout the County, and

WHEREAS, a policy of this nature is best addressed at a regional level addressing all aspects of the issue to establish a consistent policy across the region whose constituent counties are bound together economically, politically, socially and environmentally, and

WHEREAS, the United States, as a democracy, protects the rights of minorities without compromising the health and safety of the majority, and

WHEREAS, a segment of the population chooses to smoke, and

WHEREAS, the health hazards of second hand smoke are soundly supported by scientific evidence, and

WHEREAS, the research on the economic impacts of smoke-free restaurants generally shows little to no loss of income generate by the change to "smoke-free", and

WHEREAS, construction techniques are available to retrofit existing restaurants to provide physical separation between smoking and non-smoking areas, and

WHEREAS, ventilation systems can be constructed or rebuilt to reduce ambient smoke levels to acceptable health levels.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature encourages restaurants to separate smoking/non-smoking areas, encourage the construction or rehabilitation of ventilation systems to meet health standards, encourages restaurants to voluntarily post "Smoke-Free Restaurant" signs, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature will consider the use of funds from the tobacco settlement for the prevention of smoking hazards.

DISCUSSION: Legislator Hastings feels that the Legislature needs to get a message out as to where this County stands on this issue. Second hand smoke is not very fair to non-smokers. Legislator Larison feels that businesses should make their own decision in regards to this. If they want a sign up they can do that on their own. He will be voting no. Legislator Young said she will go along with this resolution, since it has been altered. Her idea of a compromise is to have a sign on the door before entering an establishment. That is the first thing she wishes to see done. Legislator Bleiler feels this resolution does say something, it says that the Legislature wants to see this County go smoke-free, but not by the government ruling. He feels establishments will all go smoke-free on their own eventually. He is in favor of this resolution.

VOTE: Passed 7-1. No: Larison.

RESOLUTION NO. 225 Motion by Little, Second by Karius.

    RE: RESOLUTION AUTHORIZING A MAINTENANCE AGREEMENT WITH MOTOROLA - EMERGENCY MANAGEMENT

WHEREAS, the Office of Emergency Management has purchased Motorola equipment for the control center, and this equipment needs to be maintained for the safety of the citizens of this County.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to enter into a maintenance contract with Motorola, Inc. to provide maintenance and service for the equipment specified in the contract; 1 console, 3 computers, and 3 monitors and 2 semi-annual preventive maintenance at a cost of $789 per month. The contract will have a term of August 1, 1999 to July 31, 2000. This will be paid for from account no. 3689.426; agreement subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 226 Motion by Hastings, Second by Little.

RE: AUTHORIZE THE FILLING OF A DEPUTY SHERIFF POSITION - SHERIFF'S DEPARTMENT

WHEREAS, there is a Deputy Sheriff position in the Sheriff's Department road patrol that has been vacant for more than 90 days, and

WHEREAS, it is necessary at this time to fill this position, and there are sufficient funds in the budget for this position.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill this Deputy Sheriff position.

VOTE: Passed 8-0.

RESOLUTION NO. 227 Motion by Hastings, Second by Little.

    RE: AUTHORIZE TRANSFER OF FUNDS - BUILDINGS AND GROUNDS

WHEREAS, the personnel account in the Seneca Harbor Park budget has been depleted, however, there is money available in the Buildings and Grounds 1620.100 account.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $8,000 from Buildings and Grounds Personnel account no. 1620.100 to Seneca Harbor Park account no. 7110.100.

VOTE: Passed 8-0.

RESOLUTION NO. 228 Motion by Hastings, Second by Little.

    RE: AUTHORIZE ADVERTISEMENT FOR BI DS FOR ABSTRACTING SERVICES FOR 1999 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 1999 tax auction properties, and

BE IT FURTHER RESOLVED, bids are to be received no later than 5:00 p.m. on July 26, 1999 by the Clerk of the Legislature, 105 Ninth Street, Watkins Glen, NY 14891. Bids are to be opened and considered at the Management and Finance Committee meeting at 3:30 p.m. on July 27, 1999, at which time a recommendation for Legislative action will be made; acceptance or rejection of bids to be made at the August 9, 1999 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. Abstain: Gifford.

RESOLUTION NO. 229 Motion by Hastings, Second by Karius.

    RE: AUTHORIZE A CONTRACT WITH SCOPED, INC. FOR GRANT WRITING/ADMINISTRATION - AS AMENDED

WHEREAS, it is proposed that the Schuyler County Partnership for Economic Development (SCOPED) provide grant writing and administrative services for community and economic development related projects under

a contractual agreement with Schuyler County, and

WHEREAS, the Community Development and Natural Resources Committee has agreed that it would be beneficial for the County to authorize such a contract.

WHEREAS, the County has appointed a loan committee and wishes to keep it in place.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is hereby authorized to sign a contract with SCOPED, Inc. for grant writing and administrative services related to community and economic development projects with the understanding that the County will pay a grant writing fee equal to 12% of the grant received if it is less than $50,000 and 15% if the grant award is $50,000-500,000 with a maximum fee of $40,000. For grants more than $500,000, it is recommended that a separate fee be negotiated depending on the complexity of the grant, and

BE IT FURTHER RESOLVED, that the County may engage SCOPED to perform grant writing services for projects not related to community and economic development and will pay a grant writing fee of 3% of the amount of a grant submitted, with a maximum fee of $3,500. If the County decides at a later date to engage SCOPED to administer the project, then the fee would be applied to the administrative fee. The contract term will be one year, July 12, 1999 through July 11, 2000; subject to the approval of the Schuyler County Attorney.

DISCUSSION: Legislator Hastings wanted to address the third "Whereas" in this resolution. The County has appointed a loan committee which she feels should work with SCOPED. She feels the County might lose touch if they do not keep their own loan committee. She noted that Susan Payne from SCOPED has no objection to this. Chairman Gifford explained that part of the proposal from SCOPED is to take over grant writing and apply for revolving loan funds with REDEC. Legislator Hastings said other counties do this and she would like to see it added to the resolution. Chairman Gifford stepped down from the Chairmanship to speak on the issue. He said to sit on a committee with an applicant coming to you with venture capital, most banks will not touch these loans. It is very risky, and is not part of a normal loan application. It is specialized lending. People who sit on this loan committee are dedicated and try to do their best, but he feels we should not put applicants in a position where they are dealing with people who are not totally versed. The County has three local people on the REDEC loan committee. Legislator Bleiler stated that he serves on the County's loan committee, he took advice from a lawyer and a banker, his concern was the County, he listened to the professionals. He did not understand everything and did not have the time to. Legislator Gifford said the County is not taking a risk in a revolving loan fund. Legislator Hastings feels the representatives on REDEC are not in any better position than a Legislator. Legislator Gifford said that REDEC has a staff to put together packages and present them to the loan committee. The difference is the staff, they know what is needed, and what is critical. Legislator Hastings said it seems more feasible to have the County have a hand on things. The Treasurer noted that the loan committee was created for the Canal Corridor Initiative loan only. Legislator Marvel feels it is better to have our own committee in house to get the best interest for us. We should try to keep the representation here. Legislator Bleiler said he was often frustrated with the loan process. Legislator Gifford said that REDEC will streamline the initial process. Legislator Young feels that when things are risking taxpayers money, she would like checks and balances in place. Legislator Marvel said that this is a one-year contract and will be reviewed at the end of one year. If the recommendation is to include the loan committee, it is not something that cannot be changed in the future. Legislator Larison "called for the question".

VOTE: Passed 8-0.

RESOLUTION NO. 230 Motion by Hastings, Second by Karius.

    RE: AUTHORIZE SCHUYLER COUNTY TO BE THE LEAD AGENT FOR THE WATER/SEWAGE PROJECT FOR WATKINS GLEN INTERNATIONAL

WHEREAS, it is proposed that the Schuyler County Legislature assume the role of lead agent to coordinate the process of creating a special use district for the extension of water and sewer from the Village of Watkins Glen to the Town of Dix, and act as agent for the proposed special use district for purposes such as making applications for loans and grants, and coordinating with the various municipalities involved, and

WHEREAS, the Community Development and Natural Resources Committee has agreed that it would be beneficial for the County to act as the lead agency until such time the proposed special use district is created.

NOW, THEREFORE, BE IT RESOLVED, that the County be the lead agent for the water and sewer extension project and that the Community Development and Natural Resources Committee is assigned the responsibility for determining the appropriate tasks to be performed and coordinate efforts on behalf of the County.

VOTE: Passed 7-1. No: Young.

RESOLUTION NO. 231 Motion by Hastings, Second by Karius.

    RE: DECLARE EQUIPMENT SURPLUS - COUNTY CLERK

WHEREAS, the County Clerk has a Canon Copier purchased in 1980, which was replaced when they joined the County's copier program.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said Canon copier as surplus, and

BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor store said listed Canon copier for sale in the County auction.

One (1) Canon NP3825 Copier S/N VEB03630

VOTE: Passed 8-0.

RESOLUTION NO. 232 Motion by Little, Second by Marvel.

    RE: DECLARE EQUIPMENT SURPLUS - PUBLIC HEALTH

WHEREAS, the Public Health Department has outdated equipment, which has been replaced.
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said equipment as surplus, and
BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor store said listed equipment for sale in the County auction.

One (1) Adler TA typewriter S/N 54150588
Two (2) PowerCom UPS-400A
One (1) Tripplite BC-400-LAN UPS S/N 4120604
One (1) APC Back-ups 400 UPS S/N 095050224267
One (1) Panasonic KX-P1624 Printer S/N OFMATJF72995

VOTE: Passed 8-0.

RESOLUTION NO. 233 Motion by Little, Second by Marvel.

    RE: DECLARE EQUIPMENT SURPLUS - WEIGHTS AND MEASURES

WHEREAS, the Weights & Measures Department has an outdated, usable Smith Corona typewriter, which has been replaced.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said typewriter as surplus, and

BE IT FURTHER RESOLVED, that the Highway Superintendent store said listed typewriter for sale in the County auction.

One (1) Smith Corona Portable Typewriter S/N 662-187-995

VOTE: Passed 8-0.

RESOLUTION NO. 234 Motion by Little, Second by Marvel.

    RE: AUTHORIZE CONTRACT WITH HARTER, SECREST & EMERY ATTORNEYS FOR NEGOTIATION SERVICES

WHEREAS, the County is preparing for negotiations with the Administrative and Highway Units of CSEA, and

WHEREAS, it is the recommendation of the Management and Finance Committee that the County's labor counsel be retained to assist with negotiations, and

WHEREAS, there are sufficient unexpended funds in Personnel account no. 1430.435-Professional Fees and Services to pay for said contract.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Harter, Secrest & Emery Attorneys for negotiations services with the Administrative and Highway Units for the upcoming contract at hourly rates ranging between $110 to $220 depending upon the attorney utilized to be paid from account no. 1430.435; contract subject to the approval of the Schuyler County Attorney.

DISCUSSION: Legislator Larison feels the County should be looking for someone to write things in a clear manner. Legislator Young asked if bids were requested. Attorney Coleman explained that the County does not require bids for professional services per County law. Legislator Bleiler stated that this firm has represented the County in the past and they know our history. He feels we need a law firm to review our contracts and also feels this is a practical recommendation.

VOTE: Passed 7-1. No: Larison.

RESOLUTION NO. 235 Motion by Little, Second by Marvel.

    RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 2 OF THE YEAR 1999 AMENDING LOCAL LAW NO. 2 OF 1988 TO EXTEND A 2% ROOM TAX TO ALL BED & BREAKFAST OWNERS

WHEREAS, a proposed Local Law amending Local Law No. 2 of 1988 to extend a 2% Room Tax to all Bed & Breakfast owners was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held July 12, 1999, and

WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law.

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2/Local Law No. 2 of the year 1999, 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. 2 of the year 1999, together with the required text thereof in the official County newspaper.

LOCAL LAW NO. 2 OF THE YEAR 1999

A Local Law to amend Local Law No. 2 of 1988 to Extend a 2% Room Tax to all Bed & Breakfast Owners.

Section 1. INTENT
The intent of this Local Law is to expand the types of lodging accommodations subject to the 2% room tax imposed under Local Law No. 2 of the year 1988 to include bed and breakfast and tourist accommodations regardless of the number of rooms.

Section 2. HISTORY
In accordance with the New York State Tax law, Local Law No. 2 of the year 1988 imposed a room tax on lodging facilities, including those facilities commonly known as “bed and breakfast and tourist facilities”, but limited the application of such tax to facilities having six (6) or more rooms.

Section 3. TEXT
Local Law No. 2 of the year 1988 is hereby amended as follows:
The following subsections are changed to read:

1.b. Operator. Any person operating a hotel, motel, bed and breakfast or tourist facility in the County of Schuyler, including but not limited to, the owner or proprietor of such premises, lessee, sub-lessee, mortgagee in possession, licensee or any other person otherwise operating such hotel, motel, bed and breakfast or tourist facility.

1.c. Hotel. A building, or portion of it, having one or more rooms which is regularly used and kept open as such for the lodging of guests. The term “hotel” or “motel” includes an apartment hotel, motor court or inn, boarding house or club, or similar hotel or motel type of accommodations by whatever name designated, whether or not meals are served and shall include those facilities commonly known as “bed and breakfast” and “tourist” facilities.

2. IMPOSITION OF TAX
On and after the first day of September, 1999, there is hereby imposed and shall be paid a tax of 2% upon the rent for every occupancy of a room or rooms in a hotel, motel, bed and breakfast or tourist facility having one or more rooms in this County except that the tax shall not be imposed upon (1) permanent resident, or (2) exempt organizations as hereinafter set forth.

6. REGISTRATION
Within ten (10) days after the effective date of this Local Law, or in the case of operators commencing business after such effective date, within three (3) days after such commencement or opening, every operator shall file with the Treasurer a certificate of registration in a form prescribed by the Treasurer.

Section 4. EFFECT ON PRIOR LOCAL LAW
All provisions of Local Law No. 2 of the year 1988 not amended hereby shall remain in full force and effect.

This Local Law shall take effect upon filing in the office of the Secretary of State as provided by the Municipal Home Rule Law.

DISCUSSION: Legislator Bleiler thanked everyone in the public for their input. He supports this resolution because it is not a debate, it is leveling the playing field. Legislator Little said he is also in favor of this resolution. Taxpayers do put into the Tourist Promotion Agency (TPA) and many times they are the majority. Legislator Marvel said he was once a motel owner and was fearful of losing business. Over the years, he grew to appreciate the room tax. He also found that most of his customers were in favor of it. Legislator Young feels there is an inequity in the membership of the Chamber. There was a question raised many times tonight on how the County could do this in another way. She suggests that someone go to New York State and ask for money.

VOTE: Passed 8-0.

RESOLUTION NO. 236 Motion by Little, Second by Marvel.

   RE: ACCEPT/REJECT TRUCK BIDS - HIGHWAY DEPARTMENT

WHEREAS, the County has advertised for bids for three (3) tandem dump trucks with plows, and
WHEREAS, four bids were submitted and reviewed, with recommendation for acceptance and rejection being made by the Highway Superintendent as set forth below.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the following bid:

Albee Truck, Inc. - $310,990
754 Baldwin Street, P.O. Box 1238
Elmira, NY 14902, and

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

Genesee Truck Sales Beam Mack Regional International
1280 Jefferson Road 3050 Lake Road 1007 Lehigh Station Road
P.O. Box 23320 P.O. Box 221 Henrietta, NY 14467
Rochester, NY 14692 Elmira, NY 14902

VOTE: Passed 8-0.

RESOLUTION NO. 237 Motion by Little, Second by Marvel.

    RE: RESOLUTION TO AUTHORIZE TRANSFER OF FUNDS - REAL PROPERTY TAX SERVICE

WHEREAS, funds are needed to replace an uninterrupted power supply for computer equipment and there are funds available in the contractual portion of the budget that can be used for this purpose.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $280.00 from Real Property Tax Agency account no. 1355.0428-Microfilming, and $220.00 from account no.1355.0430- Mileage, to account no. 1355.0207- Computer for the aforementioned purchase.

VOTE: Passed 8-0.

RESOLUTION NO. 238 Motion by Larison, Second by Little.

    RE: AMEND RESOLUTION NO. 181-99 - MAINTENANCE AGREEMENT FOR (UPS) UNINTERRUPTED POWER SUPPLY - EMERGENCY MANAGEMENT

WHEREAS, Resolution No. 181-99 authorized an agreement with Bouille Electric for maintenance and service of the Uninterrupted Power Supply for the Communications Center, and

WHEREAS, the term of the agreement in the resolution has changed.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 181-99 be amended to have the term of the agreement run from July 1, 1999 to June 30, 2000.

VOTE: Passed 8-0.

RESOLUTION NO. 239 Motion by Larison, Second by Little.

    RE: AUTHORIZE CREATION OF TWO CASEWORKER POSITIONS IN THE CHILDREN'S SERVICES UNIT - SOCIAL SERVICES

WHEREAS, the Department of Social Services is required by state law to provide protection and rehabilitative services for a child or children and parents involved when there is a need, and

WHEREAS, there is a need for two (2) additional Caseworker positions in the Children's Services Unit in order to meet the need of the community and fulfill the statutory requirements, and

WHEREAS, two positions were eliminated from the Children's Services Unit in 1995, and

WHEREAS, in 1996 Eliza's Law was implemented which resulted in the increase in the amount of work for an unfounded case as with an indicated case, and

WHEREAS, in 1997 the Adoption and Safe Families Act came into place which set forth a detailed, lengthy process for all categories of foster children in regards to their placement, and

WHEREAS, in 1999 the Marisol Case resulted in hotline calls whenever there is a domestic violence , whether the parent's children are present or not, and

WHEREAS, Hot-Line calls have increased 60% since 1995, Indicated Cases have increased 117%, and Cases to Court have increased 200%, and

WHEREAS, as a result of the above, the only preventive work being done is what is mandatory, and children and parents in need of help are being turned away, and

WHEREAS, the Supervising Caseworker and Deputy Commissioner of Social Services are carrying caseloads and should not, which may require corrective action as a result of the state audit, and

WHEREAS, new Caseworkers are going to be required to attend 4-6 months of training prior to carrying a caseload which will be yet another burden upon the Unit, and

WHEREAS, it is the recommendation of the Commissioner of Social Services that two (2) additional Caseworker positions be created in the Children's Services Unit to insure the Department has the necessary resources to meet its statutory obligations, as well as providing protection for the children in Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorize the creation of two (2) additional Caseworker positions in the Children's Services Unit of the Department of Social Services, effective immediately, at an hourly rate of $12.71, there being funds available in the current 1999 Social Services budget.

VOTE: Passed 8-0.

RESOLUTION NO. 240 Motion by Larison, Second by Little.

    RE: RESOLUTION IN SUPPORT OF RETURNING THE RENEWAL OF MOTOR VEHICLE REGISTRATIONS AND DRIVERS LICENSES TO THE LOCAL COUNTY OFFICES

WHEREAS, the State Department of Motor Vehicles has centralized the renewal of motor vehicle registrations and drivers licenses, thereby depriving the counties of the fees they previously received on such renewals, and

WHEREAS, the Schuyler County Legislature believes this change will result in an inconvenience to the public and slower service as well as deprive the counties of funds they include in their budget and need to maintain the local Motor Vehicle Offices, and

WHEREAS, Schuyler County has a small budget and tax base and is hampered severely by the removal of this revenue from the County budget, and

WHEREAS, this creates duplication of duties in Albany and in County Motor Vehicle Offices, thereby reducing efficiency.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the renewal of motor vehicle registrations and drivers licenses be returned and continue to be handled by the local County offices, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature is directed to send certified copies of this resolution to Governor George E. Pataki, Senator John R. Kuhl, Jr., Assemblyman James Bacalles, and to the Majority and Minority Leaders of the New York State Senate and Assembly.

DISCUSSION: Legislator Hastings said the State is trying to work hard to save dollars. If the State says there will be a three million dollar savings, the County should not lose business. She can not support this resolution. Legislator Young feels centralization is not more efficient if Albany has to hire more employees to take on this work. She encouraged a yes vote on this resolution. Legislator Marvel said if you take revenue away and just leave the trouble cases, then you are biting the hand that helped you. He is not in favor of Albany getting this work. He feels it is not good logic to not support this. Legislator Hastings said that the County will not lose its Department of Motor Vehicles. Assemblyman Bacalles says the State intends to give local offices more fees to cover the loss in revenue, plus the County Clerk's department has talked seriously about needing another person in that department. Linda Compton, County Clerk, said that she has heard that during the first month of this change, hundreds of thousands of registrations were sent to Albany and they were clouded and could not read them. Her office had to issue a lot of no fee duplicates because of it. If the State increases our work, we are still losing sixty-four cents per Schuyler County resident to save eleven cents.

VOTE: Passed 6-2. Noes: Hastings, Little.

RESOLUTION NO. 241 Motion by Larison, Second by Little.

    RE: AUTHORIZE CHAIRMAN OF THE SCHUYLER COUNTY LEGISLATURE TO SIGN RECORDS MANAGEMENT GRANT ACCEPTANCE AND ALL RELATED REPORTS 1999-2000

BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign the 1999-2000 Local Government Records Management Improvement Fund grant acceptance form relative to the records creation and system design in the Personnel Office, in the amount of $20,298, and all reports; subject, as required, to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 242 Motion by Young, Second by Larison.

    RE: AUTHORIZE THREE (3) EMERGENCY RESOLUTIONS BE BROUGHT TO THE FLOOR

BE IT RESOLVED, that three (3) emergency resolutions be brought to the floor.

VOTE: Passed 8-0.

RESOLUTION NO. 243 Motion by Little, Second by Larison.

    RE: ESTABLISH BUDGET FOR LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND GRANT AND AUTHORIZE THE CREATION AND FILLING OF KEYBOARD SPECIALIST POSITION - CIVIL SERVICE/PERSONNEL DEPARTMENT

WHEREAS, notice has been received from the State Education Department, State Archives and Records Administration that Schuyler County has been given $20,298 from Local Government Records Management Improvement Fund (LGRMIF) grant funds for salary and benefits to employ a Keyboard Specialist in the Civil Service/Personnel Office through June 30, 2000.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer establish the above grant budget for the Civil Service/Personnel Office as follows:

+ $18,600     1430.100-1431      Salary
+ $ 1,698     1430.489-1431       Fringe Benefits
+ $20,298     1430-3060-1431    Revenue, and

BE IT FURTHER RESOLVED, that this Legislature hereby create the position of Keyboard Specialist in the Civil Service/Personnel Office and authorization is given to fill the position immediately at $10.22 per hour, in grade XII, and

BE IT FURTHER RESOLVED, that this position will be abolished when grant funding ends unless specific action of the Legislature is passed to make other arrangements.

VOTE: Passed 8-0.

RESOLUTION NO. 244 Motion by Little, Second by Larison.

    RE: AUTHORIZE REPRESENTATION - VALENT -vs- COUNTY, ET AL. FEDERAL DISTRICT COURT SUIT

WHEREAS, the County of Schuyler and Town of Dix are involved in a lawsuit against Mr. and Mrs. Albert Valent, which lawsuit is being jointly pursued by the County Attorney’s Office and Town of Dix Attorney, and

WHEREAS, the Valents have another lawsuit pending against the County, the Town and numerous other Defendants in New York State Supreme Court, which suit is being defended by the O’Mara Firm in accordance with the requirements of Schuyler County’s insurance policies, and

WHEREAS, the Valents have filed another lawsuit against the County and the Town in the United States Federal District Court for the Western District of New York in Rochester, and

WHEREAS, neither the County Attorney, the Assistant County Attorney nor the Town Attorney are admitted to practice in said District Court, and

WHEREAS, the response time to the Valent time in said Court expires on the 28th of July, 1999, and

WHEREAS, the O’Mara Firm can easily achieve the dismissal of said suit in conjunction with its defense of the State action, and

WHEREAS, such additional defense costs will be covered within our deductible.

NOW, THEREFORE, BE IT RESOLVED that the County of Schuyler retain the O’Mara Law Firm for the defense and/or dismissal of the above referenced action in the Federal District Court for the Western District of New York.

VOTE: Passed 8-0.

RESOLUTION NO. 245 Motion by Little, Second by Larison.

    RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY OF ASSISTANT COORDINATOR OF COMPUTER SERVICES

WHEREAS, Resolution No. 130-99 authorized the creation and filling of the position of Assistant Coordinator of Computer Services, and

WHEREAS, the Chairman of the Computer Coordination Committee and the Personnel Officer have conducted interviews with the assistance of the Southern Tier Central Regional Planning and Development Board, and the Chairman has chosen to appoint Gerald Chafee as the Assistant Coordinator of Computer Services.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby acknowledge the appointment by Thomas Bloodgood, Computer Coordination Committee Chairman, of Gerald Chafee as Assistant Coordinator of Computer Services at an annual salary of $32,000 in Grade Level E of the Management/Confidential Salary Plan, and

BE IT FURTHER RESOLVED, that this appointment take effect August 16, 1999.

VOTE: Passed 8-0.

REPORT ON STANDING COMMITTEES:

Legislator Hastings reported on the Catharine Hiking and Biking Trail. There will be a public meeting on July 22, 1999 at 7pm at the Watkins Glen High School. She also informed the public that the Humane Society is having a fund raiser and is selling t-shirts and cups. They are also having a dinner at the Moose Club to raise funds.

Legislator Little reported that the Legislature is in the middle of discussions with the New York State Department of Transportation in regards to State Route 414 and 224.

Legislator Young indicated that she took a week and went to a conference in Vermont regarding energy and she handed out a information sheet on the same.

Legislator Karius reported on the results of the Agricultural and Farmland Protection Board survey and the importance of preservation of farmland. Legislator Hastings asked Chairman Gifford to call Albany and look into the drought concerns of farmers.

Legislator Bleiler reported on the Management and Finance Committee. All of the department heads and committee chairmen have completed the mid-year review for performance appraisals. The Personnel Department received a records management grant for staff to input data into a new software program for the department. He announced, with regret, Penny Albert's husband died yesterday. He also reported that the Management/Confidential Salary Plan Sub-Committee is still working hard and contract negotiations preparations are underway.

Legislator Marvel reported on the Community Development and Natural Resources Committee. In regards to the National Healthcare Corporation, they are coming down to the final stage of approving a loan/bond note which will be acted on this week by the Schuyler County Industrial Development Agency. After this is accomplished, there will be much more rapid movement.

UNFINISHED BUSINESS:

Legislator Hastings stated that after last week's Legislative Resolution Review Committee meeting, she would like to bring up the fact that there needs to be some kind of resolution written in regard to that committee. There needs to be clarification. The original concept was to form a group to review resolutions only. It became a forum for a situation that was very frustrating to her, to be handed a document signed by department heads and other employees before the meeting. This is supposed to be a resolution review committee. She would like to see a resolution explaining the committee's responsibilities. She will not come to another meeting and go through that again.

MOTION by Legislator Hastings to have the Chairman write a resolution defining the Legislative Resolution Review Committee, SECOND by Legislator Little. Legislator Bleiler said he thought the meeting could have gone a little smoother, but he did not see anything wrong. He thought that Finance Committee would be just that, finance, and then have another meeting to go over the resolutions and not do any finance. Finance now works on budgetary concerns only. The Finance Committee used to hear emergency resolutions that did not go through committee. Now they take it to the Legislative Resolution Review Committee. This gives all eight of us a chance to look at resolutions. We did not want to have a lot of emergency resolutions, but a chance to review them before Monday night. He is satisfied with things and feels they are going in the right direction. Legislator Little said he is against taking votes during that meeting. Legislator Hastings said it is more important that resolutions go through committee, other resolutions can be brought there for discussion, but do not need to be voted upon. Legislator Young feels the process as intended is okay the way it is. Legislator Marvel said he supports the concept of the Legislative Resolution Review Committee, but agrees that we need to iron out some wrinkles. Motion failed three ayes to five noes. Noes: Marvel, Young, Bleiler, Larison, Gifford.

NEW BUSINESS: None.

PUBLIC PARTICIPATION:

Lory Peck commented on Resolution No. 229. He feels that an amendment should have been done in committee, not at the night of the Regular Meeting of the Legislature. Regarding the labor counsel for negotiating, his experience when he participated in negotiations was that lawyers were more open and negotiations flowed better. As far as clarification of language, they work for you, they write it until they get it right.

Casey Creamer felt Legislator Young should be commended for her suggestion of restaurants needing to post signs, he thinks that is a great idea. He feels the concern about employees' being exposed to health hazards is not the County's responsibility.

Bob Burnside asked if someone would describe the purpose of the Legislative Resolution Review Committee to him. Chairman Gifford stated that it is a committee of the whole to review all of the resolutions, not pass or fail, just review them. What happened last week was that some emergency resolutions came up and were added by vote which caused a problem. Mr. Burnside also asked about the payment to SCOPED for grant writing services. Legislator Marvel explained that there are two parts. One is that SCOPED will receive the administrative portion of any grants relative to economic and community development. The second part is that any other types of grants that SCOPED needs to write on behalf of the County, they will charge a fee.

The meeting adjourned at 10:05 p.m.

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

REGULAR MEETING
AUGUST 9, 1999

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

PUBLIC PARTICIPATION:

Tom Ryan asked if the Legislature had anyone in mind for Resolution No. 270. He asked if they had received any applications. He also asked if there would be any layoffs or elimination of departments heads and what the salary would be. The Clerk of the Legislature said the range is somewhere from $54,800 up to $68,000.

Sue Brill asked if the salary for the County Administrator position would be reimbursed at all or will it be 100% local cost. The Chairman said he was not sure at this point.

Angie Franzese asked that the two Legislators in her district not support Resolution No. 270 and to make an amendment to offer a public referendum, the people have asked for it. There is plenty of time before the November 2, 1999 election. She asked that they give enough time for the facts, the people deserve a chance to know the total cost of the position and ask questions. She suggested that the Legislature slow down. In November of 1998 Legislator Little wanted to allow the public time to become more educated. That has not been done. At that same public hearing the County Attorney recommended a public referendum, which he said was his best legal advice and would stand the least chance of litigation. Also at a meeting held on April 13, 1998 there was discussion about County Administrators from the Steuben County Chairman Stoner Horey. When Chairman Horey was asked who made the decisions, it was known that the Legislators must be prepared to step back and that legislative micro-management can smother an administrator. Steuben County also has a larger budget.

Casey Creamer said he commends the Legislature on having the fortitude to have a public hearing on the County Administrator and hear the public on this issue. He hopes they listen to the issues at hand.

Tom Ryan asked about the term of office for the County Administrator. It states that the local law reads that the term will expire December 31^st of the following year and will then be for four years. It also says the position will serve at the pleasure of the Legislature. County Attorney Coleman explained that County Law provides that this person be a public officer, subject to be removed for cause. The person could be removed mid-term and the County would not be liable for the remainder of the term.

Angie Franzese asked if all of the Legislators have studied the County Administrator issue. She asked them if they are sure they are aware of all the facts.

Sharon Bingell feels the County should spend money on economic development. If the Legislature can not afford to give raises, then they should not be able to afford a County Administrator.

PRESENTATION BY TANIA HOLOVACH, ENVIRONMENTAL MANAGEMENT COUNCIL STUDENT REPRESENTATIVE 7:00 P.M.: Michelle Benjamin explained that Tania is an Environmental Management Council (EMC) student. There is a student from each school district on the council. She then handed the introduction over to Jim Murphy to present the award. Jim introduced himself as the Vice Chair of EMC. He then introduced Tania Holovack and acknowledged the past and present Legislators for supporting the environment and acknowledging EMC and a younger generation. Invitations were sent out to school districts asking for interested students and Tania responded. She had the courage to meet with a lot of old folks and she observed a lot and spoke up on issues she believed in. He then read from the award. Tania said it was a great opportunity and feels it is a great offer to the students because they learn so much. She thanked the County for the opportunity.

RESOLUTION NO. 246 Motion by Larison, Second by Little.

    RE: APPROVE MINUTES OF THE JULY 12, 1999 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the July 12, 1999 Regular Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 8-0.

RESOLUTION NO. 247 Motion by Karius, Second by Little.

    RE: RESOLUTION AUTHORIZING A CONTRACT WITH JODI BELLINGER FOR EARLY INTERVENTION AND PRESCHOOL SPECIAL EDUCATION OCCUPATIONAL THERAPY

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, and

WHEREAS, Schuyler County must provide occupational therapy to eligible preschool children according to Section 4410 of the Education Law, and

WHEREAS, Jodi Lynn Bellinger is a licensed occupational therapist and will provide these services to eligible preschool children.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is, authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Jodi Lynn Bellinger, to provide early intervention services, effective September 1, 1999, at rates set by the New York State Department of Health, and

BE IT FURTHER RESOLVED, that the Director of Public Health/Home Health be, and hereby is, authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Jodi Lynn Bellinger to provide preschool occupational therapy services from September 1, 1999 through June 30, 2000, at the rate of $40.00 per half hour; both contracts subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 248 Motion by Karius, Second by Little.

    RE: RESOLUTION AUTHORIZING A CONTRACT RENEWAL WITH UCP OF CHEMUNG COUNTY TO PROVIDE SPECIAL EDUCATION FOR THE PRESCHOOL SPECIAL EDUCATION PROGRAM

WHEREAS, the Schuyler County Public Health Agency contracts with UCP of Chemung County to provide Special Education for the Preschool Special Education program and the term of this contract has changed.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with UCP of Chemung County to provide services from 7/1/99 - 6/30/2000 with no change in rate; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 249 Motion by Karius, Second by Little.

    RE: RESOLUTION AUTHORIZING CONTRACT RENEWAL WITH KIT FRANK TO PROVIDE OCCUPATIONAL THERAPY FOR THE PRESCHOOL SPECIAL EDUCATION PROGRAM

WHEREAS, the Schuyler County Public Health Agency contracts with Kit Frank to provide occupational therapy for the Preschool Special Education program and the term of this contract has changed.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Kit Frank to provide services from 7/1/99 - 6/30/2000 with no change in rate; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 250 Motion by Little, Second by Marvel.

    RE: RESOLUTION AUTHORIZING CONTRACT RENEWAL WITH KELLY O'GARA SINN TO PROVIDE SPEECH THERAPY FOR THE PRESCHOOL SPECIAL EDUCATION PROGRAM

WHEREAS, the Schuyler County Public Health Agency contracts with Kelly O'Gara Sinn to provide speech therapy for the Preschool Special Education program and the term of this contract has changed.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Kelly O'Gara Sinn to provide services from 7/1/99 - 6/30/2000 with no change in rate; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 251 Motion by Little, Second by Marvel.

    RE: RESOLUTION AUTHORIZING CONTRACT RENEWAL WITH ODESSA-MONTOUR CENTRAL SCHOOL DISTRICT FOR TRANSPORTATION OF PRESCHOOL SPECIAL EDUCATION CHILDREN PROGRAM

WHEREAS, the Schuyler County Public Health Agency contracts with the Odessa-Montour Central School District for transportation of the Preschool Special Education children program and the term of this contract has changed.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Odessa Montour Central School District to provide services from 7/1/99 - 6/30/2000 with no change in rate; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 252 Motion by Little, Second by Marvel.

    RE: RESOLUTION TO AUTHORIZE CONTINUATION OF NEGOTIATIONS FOR ADDITION TO MILL CREEK CENTER

WHEREAS, the Schuyler County Legislature has determined the need for additional space for various County offices, and

WHEREAS, the Legislature has directed the Director of Public Health to explore the possibility of constructing additional space at the Mill Creek Center, and

WHEREAS, the Building Committee has been formed, and preliminary design discussions have been held with an architect, and

WHEREAS, a preliminary financial analysis suggests that an addition could be constructed to the Mill Creek Center and paid for out of departmental grants, state aid, and revenues with little or no resulting increase in cost to the County, and

WHEREAS, discussions with the respective state agencies, the Office of Mental Health and the Department of Health, have revealed no substantial obstacles, and

WHEREAS, similar discussions with the Local Government Services Corporation, the owner of record of the Mill Creek Center, have indicated support for this project.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby indicates its commitment to proceed with negotiations and further investigations related to proposed construction, and

BE IT FURTHER RESOLVED, that this Legislature authorizes and directs the Director of Public Health/Director of Community Services and the Community Services Board to continue its negotiations for the eventual planning and completion of an addition to the Mill Creek Center for purposes of housing the Schuyler County Public Health/Home Health Agencies.

DISCUSSION: Legislator Hastings said she will vote yes on this resolution, but feels the Legislature should meet to discuss the financing a little more. Legislator Marvel concurred. He feels there should be little or no increase in spending. He will vote yes tonight, but will hold his vote on the final project.

VOTE: Passed 8-0.

RESOLUTION NO. 253 Motion by Hastings, Second by Little.

    RE: AUTHORIZE 2000 DWI PLAN - SHERIFF'S DEPARTMENT

WHEREAS, the County of Schuyler is participating in the New York State STOP-D.W.I. Program, and

WHEREAS, Michael W. Wood has been appointed as the STOP-D.W.I. Coordinator, and

WHEREAS, participation in said program is totally reimbursed by the State of New York.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby adopts and approves the 2000 STOP-D.W.I. Program; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 254 Motion by Hastings, Second by Little.

RE: AUTHORIZE CONTRACT WITH PATRICIA RONSVALLE FOR YES (YOUTH EMPOWERMENT SESSIONS) PROGRAM - PROBATION DEPARTMENT

WHEREAS, the Schuyler County Probation Department and Patricia Ronsvalle wish to enter into an agreement for Ms. Ronsvalle, a Clinical Social Worker/Family Therapist, to provide the above program for 13-15 year old adolescents, and

WHEREAS, the program appears to be very appropriate in teaching the youth concepts of responsibility and respect for self and others, behavior modification, anger management and relaxation techniques, family issues, attitudes, and the power of positive thinking, and

WHEREAS, this matter has been approved by the Public Safety/Criminal Justice Committee, and

WHEREAS, said program costs $750 and will be paid for completely out of New York State Office of Children and Family Services funds.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Patricia Ronsvalle for the YES Program for six weeks at a cost of $750; subject to the approval of the Schuyler County Attorney.

DISCUSSION: Legislator Young hopes the County can add to this program and make it more meaningful.

VOTE: Passed 8-0.

RESOLUTION NO. 255 Motion by Hastings, Second by Little.

    RE: AUTHORIZE APPLICATION FOR WEATHERIZATION REFERRAL AND PACKAGING PROGRAM (WRAP) - OFFICE FOR THE AGING

WHEREAS, the Weatherization Referral and Packaging Program (WRAP) is offered each year to local Area Agencies on Aging, and

WHEREAS, the funding is currently crucial to Schuyler County's Office for the Aging's continued operation of this service.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign in approval the application for WRAP funding for the Office for the Aging, which is $11,062 for the program year running from August 1, 1999 through July 31, 2000. It is understood that no County matching funds are required.

VOTE: Passed 8-0.

RESOLUTION NO. 256 Motion by Larison, Second by Marvel.

    RE: AUTHORIZE H.E.L.P PROGRAM - YOUTH BUREAU

WHEREAS, the Schuyler County Youth Bureau is desirous of integrating a program for youth at risk of permanent school termination, and

WHEREAS, the Youth Services Planner will do an amendment to the Intervisions Program to include the H.E.L.P. Program, and

WHEREAS, this home-based, employment, leadership program will employ 2-3 youth at risk of permanent school termination, and

WHEREAS, $1,500.00 of existing SDPP money will be allocated for this program.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to institute the above mentioned amendment, subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to transfer $1,500.00 from account 7310.0495 (Youth Programs) to account 7310.0100 (Personnel Services Regular) upon approval of above amendment.

VOTE: Passed 8-0.

RESOLUTION NO. 257 Motion by Larison, Second by Marvel.

    RE: AUTHORIZE YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM

WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the strict income criteria of the Summer Youth Employment and Training Program, and

WHEREAS, the Schuyler County Youth Bureau in collaboration with the Watkins Glen International Raceway are desirous of integrating a temporary seasonal program for the above mentioned youth, and

WHEREAS, the Youth Services Planner will do an amendment for this program, and

WHEREAS, $2,500.00 of existing YDDP money will be allocated for supervision and transportation costs, and

WHEREAS, the program will employ the following number of youth per week with the wages to be reimbursed by the Watkins Glen International Raceway: week 1 = 20, week 2 = 10, week 3 = 40, and week 4 = 40.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to institute the above mentioned amendment, subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to transfer $2,500.00 from account 7310.0495 (Youth Programs) to account 7310.0187 (Summer Youth Employment and Training Program Personnel Services).

VOTE: Passed 8-0.

RESOLUTION NO. 258 Motion by Larison, Second by Marvel.

RE: AUTHORIZE TRANSFER FUNDS FOR AID TO CHILD CARE - SOCIAL SERVICES

WHEREAS, the Department of Social Services has adjusted its coding and claims for foster care expenses so that expenses are being charged to account no. 6119.4, Aid to Child Care, rather than account no. 6109.4, Family Assistance.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer funds as follows:

- $100,000 6109.4 Family Assistance
+ $100,000 6119.4 Aid to Child Care

VOTE: Passe 8-0.

RESOLUTION NO. 259 Motion by Little, Second by Larison.

    RE: AUTHORIZE HIRING OF A CONSULTANT FOR THE MEDICAID MANAGED CARE STUDY

WHEREAS, the Human Services Committee of the County Legislature directed that a study of the MEDICAID system be conducted in order to determine whether a managed care plan may be of benefit to the County, and

WHEREAS, the Director of Mental Health/Public Health, Commissioner of Social Services, Chief Executive of Schuyler Hospital, Executive Director of the ARC and Director of the Falls Home have been meeting monthly to explore the best way to provide services to the County’s MEDICAID population, and

WHEREAS, the study has reached the point where professional expertise is now needed in order to ensure the study encompasses the entire spectrum of medical care, and

WHEREAS, Maryann Bryant, who assisted both Chemung and Steuben counties in establishing their MEDICAID managed care plans, is available at a rate of $35.00 per hour to guide Schuyler County’s study, and

WHEREAS, it is estimated that she will require 20 hours per month, more or less, to assist the County with the study, and

WHEREAS, funding is available from New York State to cover the cost of the contract.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to develop a contract with Maryann Bryant for consultant work as it pertains to studying the feasibility of implementing a managed care plan for MEDICAID recipients in Schuyler County for the period August 1, 1999 through July 31, 2000 at a cost not to exceed $8,400.00, subject to the availability of New York State funds, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign such contract, subject to approval of the County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 260 Motion by Little, Second by Larison.

    RE: EXTENSION OF CONTRACT WITH THE FINGER LAKES ADDICTION COUNSELING AND REFERRAL AGENCY (FLACRA) FOR THE ENHANCED DRUG/ALCOHOL SERVICES PROGRAM FOR FAMILY ASSISTANCE RECIPIENTS

WHEREAS, Resolution Number 196 of the County Legislature’s 1998 term authorized the Schuyler County Department of Social Services to apply for $12,000 in Temporary Assistance to Needy Families (TANF) block grants for a one year period commencing on or about May 1, 1998, and

WHEREAS, subject contract was for the period July 1, 1998 through June 30, 1999, and

WHEREAS, only a small portion of the $12,000 TANF block grant was actually expended, and

WHEREAS, the NYS Office of Temporary and Disability Assistance (OTDA) has extended the period as to when the funds can be expended until September 15, 1999.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services is authorized to extend the contract with FLACRA for the provision of drug and alcohol rehabilitation services for families in receipt of Family Assistance in Schuyler County.

VOTE: Passed 8-0.

RESOLUTION NO. 261 Motion by Little, Second by Larison.

    RE: DECLARE EQUIPMENT JUNK - TREASURER
WHEREAS, the Treasurer's Department has an outdated, non-repairable Adler typewriter and,
WHEREAS, said typewriter has been replaced by a similar model from County surplus.
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said typewriter as junk, and
BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor remove said typewriter and dispose in the proper manner.

One (1) TA Adler typewriter S/N 54146864

VOTE: Passed 8-0.

RESOLUTION NO. 262 Motion by Little, Second by Larison.

    RE: DECLARE EQUIPMENT JUNK - LEGISLATIVE OFFICE

WHEREAS, the Legislative Office has an outdated, unusable 1992 Panasonic laser printer and,
WHEREAS, repair costs to said printer are unjustified .
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said printer as junk, and
BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor remove said printer and dispose in the proper manner.

One (1) Panasonic KX-P4410 Laser Printer S/N 2GMBRF99034

VOTE: Passed 8-0.

RESOLUTION NO. 263 Motion by Little, Second by Larison.

    RE: DECLARE EQUIPMENT JUNK - REAL PROPERTY TAX DEPARTMENT

WHEREAS, the Real Property Tax Department has an unusable battery backup and a surplus battery backup which have been replaced.
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare one (1) battery backup as junk and one (1) battery backup as surplus, and
BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor remove said backups and dispose in the proper manner.

One (1) APC Battery Backup S/N W910109521 Surplus
One (1) APC Battery Backup S/N P910109480 Junk

VOTE: Passed 8-0.

RESOLUTION NO. 264 Motion by Larison, Second by Marvel.

    RE: APPROVE CONTRACT WITH "R" HOUSE AUCTIONS & SALES FOR COUNTY'S 1999 SURPLUS EQUIPMENT PUBLIC AUCTION

WHEREAS, Schuyler County will hold it's second annual public auction for its surplus equipment, and

WHEREAS, "R" House Auctions & Sales has been selected to conduct said auction.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute a contract with "R" House Auctions and Sales for the County's 1999 Surplus Equipment Public Auction at a commission rate of 10%; subject to the approval of the Schuyler County Attorney.

VOTE: 8-0.

RESOLUTION NO. 265 Motion by Larison, Second by Marvel.

    RE: REVIEW RECLASSIFICATION OF TITLES COVERED BY THE CSEA ADMINISTRATIVE CONTRACT

WHEREAS, it has been for three or four years an objective of the Schuyler County Legislators, department heads, and officers and employees of the CSEA Administrative Unit to find a cost effective solution to the need for a review of the classification of the titles covered by the Administrative Contract, and

WHEREAS, the Municipal Services Division of the New York State Department of Civil Service is considering providing a classification survey of those positions for the County at no cost, and

WHEREAS, in order to commit the hours and funds necessary to accomplish this project the NYS Civil Service Division needs to be assured that this endeavor has the support of the Legislature and that the Legislature is making a commitment to utilize and implement the classification survey upon its completion, and

WHEREAS, it is understood by all parties that the recommendation resulting from the classification study may be amended if appropriate to accomplish a fair and equitable classification system for employees, and

WHEREAS, it has been clearly explained to all parties that reclassification of some titles may result in some employees being required to qualify for the new grade classification by Civil Service examination, and

WHEREAS, it is not the intent of anyone or the purpose of this plan to eliminate anyone from employment.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does commit their support and cooperation to a classification survey of positions covered by the CSEA Administrative Contract to be conducted by the Municipal Services Division and to implement a more equitable classification plan based on the recommendations to be made upon completion of the survey, and

BE IT FURTHER RESOLVED, that after the classification survey is completed an internal and external salary equitable study will be conducted by Municipal Services Division and the Legislature will give serious consideration to the salary information provided, and

BE IT FURTHER RESOLVED, that copies of this resolution shall be provided to James Gerrity of New York State Civil Service - Municipal Services Division, Tammy Brown, President CSEA Administrative Unit and all Department Heads.

VOTE: Passed 8-0.

RESOLUTION NO. 266 Motion by Larison, Second by Marvel.

    RE: DECLARE EQUIPMENT JUNK - CIVIL SERVICE/PERSONNEL

WHEREAS, the Civil Service/Personnel Department has two (2) inoperable Tripplite Battery Back-Ups which have been replaced.
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare the following equipment in the Civil Service/Personnel Office as junk to be disposed of by Buildings and Grounds Department:

One (1) Tripplite Battery Backup.....Model BC 500 - Lank 152
One (1) Tripplite Battery Backup.....Model BC500 - LK152

VOTE: Passed 8-0.

RESOLUTION NO. 267 Motion by Little, Second by Young.

    RE: AUTHORIZE CONTRACT WITH PERRY & CARROLL, INC. FOR PROPERTY/CASUALTY INSURANCE CONSULTANT SERVICES

WHEREAS, the County is required to seek Requests for Proposals (RFPs) on their property/casualty insurances every three years, and

WHEREAS, the services of a consultant are needed for this process, and

WHEREAS, the Clerk of the Legislature has solicited quotes for these services, and

WHEREAS, the Management and Finance Committee has reviewed said quotes and recommends accepting the lowest quote from Perry & Carroll, Inc.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Perry & Carroll, Inc. for property/casualty insurance consultant services for the year 1999 at a cost of $3,500; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 268A Motion by Bleiler, Second by Marvel.

    RE: MOTION TO AMEND RESOLUTION NO. 268 TO ACCEPT RECOMMENDATION ON WORDING CHANGES FROM THE COUNTY ATTORNEY AND THE CLERK OF THE LEGISLATURE

BE IT RESOLVED, that Resolution No. 268 be amended to accept recommendation on wording changes from the County Attorney and the Clerk of the Legislature.

VOTE: Passed 7-1. No: Hastings.

RESOLUTION NO. 268 Motion by Little, Second by Young.

    RE: RULES OF PROCEDURE MODIFICATION - ONE MONTH'S NOTICE - AS AMENDED

WHEREAS, it is recommended to amend the Rules of Procedure of the Schuyler County Legislature to include defining the general function of committees, provide specific definitions of the standing committees of the Legislature as well as some other minor changes to the Rules.

NOW, THEREFORE, BE IT RESOLVED, that notice of the following amendments to the County Legislature's Rules of Procedure be hereby given pursuant to Rule 29 of said Rules of Procedure:

NEW RULE 22 - "GENERAL FUNCTION OF COMMITTEES"

All committees shall aid in the performance of the powers and duties of the Legislature.

GENERAL EXERCISE OF JURISDICTION. Committees shall familiarize themselves with the subject matter over which jurisdiction has been conferred by the Rules of Procedure. Committees having an office or function overseen by them shall report any neglect of duty or failure to comply with rules and directions of the Legislature, to the full Legislature. They shall render advice and counsel on matters deemed helpful in the performance of the duties of the office or function. Although the Legislature shall always be open for County officers and employees upon any matter involving the office or function, the committee shall represent them before the Legislature and so far as practical, every County officer and employee shall look to the committee for that representation. Criticism and recommendations of State departments or other official bodies shall be considered with the department head or officer. Matters referred to a special committee shall be promptly considered and a report made thereon as soon as practical.

Committees shall have general charge of all matters pertaining to the work of this Legislature as indicated by the titles thereof, or as more specifically described as special duties therefor.  Each Committee shall supervise and have charge of appropriated expenditures.  Any necessary transfer of funds within the same group of accounts (i.e. personal or equipment or contractual) shall be handled through a written memorandum from the Department Head to the County Treasurer with a copy to the respective Committee Chairperson. The Department Head shall be responsible for notification of transfers prior to voucher submittal. Any other unappropriated account expenditure shall be referred by the department's Committee, with its recommendation, to the Management and Finance Committee.  The Management and Finance Committee shall, following financial review with the Treasurer's Office, make a final recommendation to the Legislature on such unappropriated expenditure.  A department's request for unappropriated funds shall contain a reasonable estimate in writing for such expenditure.  Any resolution approving an unappropriated expenditure shall contain the funding source (Res. No. 97-1983).

The Chairperson of each committee shall have the responsibility:

• •to delegate particular matters of committee interest to the members of his/her committee, when deemed necessary for the better performance of duties;

• •to designate one or more members to attend meetings with other committees, boards, or other groups, whenever the matter being considered comes within the jurisdiction of his/her committee;
• •subject to the approval of the Chairperson of the Legislature, to authorize all or any part of his/her committee to attend a conference or school conducted for the betterment of County government, and
• •to require such reports and information from the members of his/her committee as he deems necessary.

MEETINGS OF COMMITTEES GENERALLY. The Chairperson of the committee may call meetings of the committee at such times and places as deemed convenient. Committee meetings may also be called by either the Chairman of the County Legislature or by the filing of a petition by a majority of the members of the Committee with the Clerk of the Legislature. Notice for regularly called meetings (i.e. those scheduled at lease one week prior thereto) require the usual 72 hour posting; urgent or emergency meetings may have lesser notice in accordance with Public Officers Law Section 104, Subd. 2). Upon request of any member of the committee, any County officer or employee shall attend and furnish any information pertinent to his/her office or employment unless the absence is excusable. No advance notice need be required when a Committee meeting is held during or immediately following the time the Legislature is in session.