ORGANIZATIONAL MEETING

ORGANIZATIONAL MEETING

JANUARY 2, 2001

The January 2, 2001 Organizational Meeting of the Schuyler County Legislature was called to order at 9:30 a.m. by Gail M. Hughey. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator, Jim Corl, were also present.

PUBLIC PARTICIPATION: None.

Gail M. Hughey, acting as Temporary Chairman, asked for nominations from the floor for Chairman to the Schuyler County Legislature for the year 2001. Legislator Ruth S. Young nominated Legislator Glenn R. Larison as Chairman of the Legislature. She read a statement for the record. "Three years ago, I did not know Mr. Larison at all. I saw him for the first time at the League of Women Voters meeting ‘Meet the Candidates’. We have by coincidence of committee appointment, been forced to work closely together. In spite of extremely different views of the world and philosophical visions of certain national and international realities, I have come to respect Mr. Larison as a man who will walk that extra mile to understand the issues from everyone’s point of view. He is a man who respects hard work and honest initiative. He is not driven by self-interest or internalized power needs, but by a strongly internalized ethic. He has an honest love of this county and its people. His sense of humor concerning partisan issues is hard to take, but he always looks forward to a rebuttal and enjoys it with an infectious giggle because his humility is genuine and never self-serving. For these reasons, I wish to place the name of Glenn R. Larison in nomination for Chairman of the Schuyler County Legislature", seconded by Legislator Patricia L. Hastings.

Legislator Jerold M. Marvel nominated Thomas M. Gifford as Chairman of the Legislature. He feels he has been Chairman for two years now and has done a fine job. He would like to see him continue, seconded by Legislator Doris L. Karius.

There being no further nominations, Mrs. Hughey asked for a motion to close the nominations.

RESOLUTION NO. 1 Motion by Hastings, Second by Young.

RE: CLOSE NOMINATIONS - 2001 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the nominations for the 2001 Chairperson of the Schuyler County Legislature be closed.

VOTE: Passed 8-0.

RESOLUTION NO. 2 Motion by Young, Second by Hastings.

RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2001 - FAILED

BE IT RESOLVED, that Glenn R. Larison be Chairperson of the Schuyler County Legislature for the year 2001.

VOTE: Failed 2-6. Noes: Karius, Bleiler, Marvel, Bingell, Hastings, Gifford.

RESOLUTION NO. 3 Motion by Karius, Second by Marvel.

RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 2001

BE IT RESOLVED, that Thomas M. Gifford be Chairperson of the Schuyler County Legislature for the year 2001.

VOTE: Passed 7-1. No: Young.

RESOLUTION NO. 4 Motion by Bleiler, Second by Bingell.

RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 2001

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 2001, as follows:

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

VOTE: Passed 8-0.

RESOLUTION NO. 5 Motion by Bleiler, Second by Bingell.

RE: DESIGNATION OF LEGAL COUNTY NEWSPAPER

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

VOTE: Passed 8-0.

RESOLUTION NO. 6 Motion by Bleiler, Second by Bingell.

RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS

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

FLEET BANK, N.A.
            Watkins Glen Office
            401 N. Franklin Street
            Watkins Glen, NY 14891                                 $5,000,000.00

            HSBC
            Watkins Glen Office
            Franklin at Eight Street
            Watkins Glen, NY 14891                                 $5,000,000.00

CHEMUNG CANAL TRUST COMPANY
            Montour Falls or Watkins Glen Office
            303 W. Main Street
            Montour Falls, NY 14865                                $5,000,000.00

            TOMPKINS COUNTY TRUST COMPANY
            Main Street
            Odessa, NY 14869                              $5,000,000.00

BATH NATIONAL BANK
So. Franklin Street
P&C Plaza
Watkins Glen, NY 14891 $5,000,000.00

CHASE MANHATTEN
1975 Lake Street
Elmira, NY 14901 $5,000,000.00

VOTE: Passed 7-1. No: Hastings.

RESOLUTION NO. 7 Motion by Bingell, Second by Bleiler.

RE: CONFORM TO "RULES OF PROCEDURE"

BE IT RESOLVED, that the "Rules of Procedure", as adopted on January 13, 1992 to be effective January 13, 1992, and as last revised October 12, 1999, be conformed to.

DISCUSSION: Legislator Hastings thought we were going to change the Rules of Procedure. She asked if this resolution had to be voted on today. The Clerk advised her that the Legislature can waive its rules and table it until later. Legislator Bleiler suggested they adopt them today and revise them later. County Attorney Coleman explained that the Legislature can amend the rules at anytime through any normal discussion, through committee, or his office at any time. Legislator Hastings asked if it was wise to pass them today. Attorney Coleman said he is not sure what changes are being suggested. If there is something in the rules that is going to cause an immediate problem today, then that does cause a problem. If not, then he suggests reviewing them and making changes later. Legislator Young asked if there is a specific protocol, in terms of which committee the amendments should come from. Attorney Coleman said no, there is no unique jurisdictional committee. Legislator Hastings would like to see this resolution be tabled for review. There will be something coming up pertaining to a financial problem that exists at this time for funding. She feels they need to table this resolution and review it further.

MOTION by Legislator Hastings to table Resolution No. 7, SECOND by Legislator Karius. Legislator Bleiler stated that he has a problem starting the year off without a set of rules. Attorney Coleman questioned if the rules are tabled and a question arises tomorrow, what do we do then, what set of procedures do we follow. Legislator Hastings withdrew her motion.

VOTE: Passed 8-0.

RESOLUTION NO. 8 Motion by Bingell, Second by Bleiler.

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 2001.

VOTE: Passed 8-0.

RESOLUTION NO. 9 Motion by Bingell, Second by Bleiler.

RE: APPOINTMENT - CHIEF CORONER FOR 2001

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 2001, 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 Bingell, Second by Bleiler.

RE: APPOINTMENT – COUNTY HISTORIAN

BE IT RESOLVED, that Barbara Bell be appointed as County Historian for the year 2001.

VOTE: Passed 8-0.

RESOLUTION NO. 11 Motion by Bingell, Second by Bleiler.

RE: SCHEDULE OF SALARIES FOR 2001

BE IT RESOLVED, that the Schedule of Salaries for 2001, as attached hereto, be adopted, effective January 1, 2001, and

BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 2001 Salary Schedule.

VOTE: Passed 8-0.

PUBLIC PARTICIPATION:

Hazel Raplee thanked everyone for their help on Friday. There was a rush to complete the Comprehensive Plan for the Youth Bureau. From the Youth Bureau and herself, she thanked Sharon Bingell for all her work and how she showed a different view of the Legislature she wished everyone could have witnessed. She also thanked Jim Corl for running to the post office and more than anything, a group action of saving a program. Everyone worked together as a unit, it showed a picture that people do not see. Again, thank you for the help and support. Legislator Young agreed with thanking Sharon Bingell. Legislator Bingell also thanked the Legislative staff for their combined efforts. Hazel added that the Legislative staff dropped everything and helped out Friday. It has been mailed, copied, signed and is officially done.

Legislator Young asked when the Legislature will be setting goals for 2001. Chairman Gifford suggested holding a special Legislative Committee meeting to discuss them. Legislator Marvel feels the County Administrator should be included. Legislator Bleiler feels even though they should be done as soon as possible, the Legislature should take its time. It might be wise to have each committee review ideas and come to a committee of the whole with recommendations for goals. He knows of some goals already from the Management & Finance Committee. He also advised the Legislature that the County Administrator needs to set goals for himself not for the Legislature. Legislator Hastings agrees with Legislator Bleiler, the goals should come from committee first. She hopes this Legislature realizes that when they set a goal, the public looks at it as if it is law. Then we become bogged down and do inappropriate things. When setting goals, the Legislature needs to realize they might not work out as planned. She hopes we have learned a lesson on setting goals. Legislator Bleiler suggested a Legislative Committee meeting before Legislative Resolution Review Committee on Monday, February 5, 2001. Chairman Gifford scheduled a Legislative Committee meeting for Monday, February 5, 2001 at 10:00 a.m. to discuss goals.

The Meeting adjourned at 9:55 a.m.

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

REGULAR MEETING
JANUARY 8, 2001

The January 8, 2001 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator Corl were also present.

PUBLIC PARTICIPATION:

Hazel Raplee, Interim Youth Bureau Planner, announced that her charge has been met and will be leaving her temporary placement. She asked the Legislature to support the new Director and asked the Legislature to consider the level of support staff allotted to that office. She thanked the Legislature for the support they offered her.

Casey Creamer welcomed County Attorney Coleman back to the job after his medical leave of absence. Casey then referred to a resolution passed earlier last year regarding a stipend reward program. He understands a question relative to this has been tabled. He feels the employees that are deserving work very hard, but is concerned that allowing this may cause a lot of other employees to ask for the same. In private industry, it is expected for employees to pick up slack from time to time. He suggested instead of a stipend, to have an annual employee of the year monetary award.

Tom Ryan, regarding Resolution No. 15, asked if this is a contract job, and if so, does the county have any liability? Attorney Coleman explained that this is not a county employee, and the contract will have exclusion on liability for the county.

RESOLUTION NO. 12 Motion by Larison, Second by Bingell.

RE: APPROVE MINUTES OF THE NOVEMBER 28, 2000 SPECIAL MEETING, DECEMBER 4, 2000 SPECIAL MEETING, DECEMBER 8, 2000 PUBLIC HEARING, AND THE DECEMBER 11, 2000 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the November 28, 2000 Special Meeting, December 4, 2000 Special Meeting, December 8, 2000 Public Hearing, and the December 11, 2000 Regular Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 8-0.

RESOLUTION NO. 13 Motion by Larison, Second by Bingell.

RE: AUTHORIZING CONTRACT WITH RCC CONSULTANTS, INC. FOR STUDY OF COMMUNICATIONS TOWERS

WHEREAS, the Schuyler County Legislature has deemed it necessary to improve the radio communications for Schuyler County, and

WHEREAS, the Public Safety & Criminal Justice Committee reviewed several proposals and recommends accepting the proposal from RCC Consultants, Inc.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with RCC Consultants, Inc. for the study of additional radio tower locations in Schuyler County at a cost of $9,600 to be paid from account no. 3689.435; subject to review by the County Administrator and approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that this contract shall not commence until Spring foliage is in effect.

DISCUSSION: Legislator Marvel asked since they have to wait a full five months until Spring for this project, can the resolution be tabled? Legislator Hastings advised that they need to get the agency on board and have them ready to start. County Administrator Corl noted that the state has offered to come and speak with the

Legislature about this subject. He suggested the Legislature may want to wait and hear what the state has to say before voting on this. Legislator Hastings said she talked with Yates County about the job they are doing over there. She added that they were the lowest bidder, the other bids were twice as much and the Public Safety & Criminal Justice Committee recommended this unanimously. Legislator Marvel asked if the state indicated that there might be something this company needs to know before doing the study? Legislator Hastings did not believe so. The state is going all over the state looking to build towers and for tower sites in order to improve communications. The firemen feel to wait for the state could mean a good number of years before it gets done. Legislator Larison agreed that they cannot wait as long as it takes the state to get to these types of projects. Legislator Marvel expressed concern about having towers that are not usable by the state. Legislator Hastings noted that the state is already utilizing some of the same towers that the county is using. There will not be any problem with using the same towers. Legislator Marvel feels the county needs to meet with the state again. Legislator Hastings commented that it would not hurt to have the state meet with RCC Consultants before they get started. Legislator Young asked if Southern Tier Central Regional Planning & Development Board have been involved with this? She thinks they may be able to help with redundancy and have regional input. Legislator Hastings explained that an interaction group has been involved to help with that concern. Legislator Marvel stated this is the first step of many in improving communications throughout the county. He hopes this is a smart, good effort to meet the county’s needs.

VOTE: Passed 8-0.

RESOLUTION NO. 14 Motion by Bingell, Second by Larison.

RE: APPOINTMENT – SOUTHERN TIER REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL

WHEREAS, there is a vacancy on the STREMS Council for a Schuyler County representative.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature approve the appointment of Deborah Kline of the Tyrone Fire Company to STREMS as a Schuyler County representative to replace William Randolph for the term January 1, 2001 through December 31, 2003, with Audie Kline to serve as alternate.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT WITH STEWART FIELD FOR INVESTIGATIVE SERVICES – DISTRICT ATTORNEY – AS AMENDED

WHEREAS, there is currently a need for investigative services for the District Attorney as a result of an increase in felony prosecution in Schuyler County, and

WHEREAS, the New York State Division of Criminal Justice Services has approved an Aid to Prosecution Grant for Schuyler County to assist in the prosecution of felony offenses, and the District Attorney believes that an investigator would enhance his ability to prosecute serious offenses, and

WHEREAS, the District Attorney has requested that an additional $18,250.00 be included in the professional fee line item (1165.435) of the District Attorney budget for the year 2001 to be funded wholly by the Aid to Prosecution Grant; and that the County enter into a professional services contract with Stewart Field for investigative services beginning February 1, 2001 to December 31,2001, and

WHEREAS, the District Attorney requests that the total compensation to Stewart Field shall be $8,083.37 to be paid according to paragraph number 6 of the contract.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to increase the professional fee line item of the District Attorney budget in the amount of $18,250.00 and to execute a contract with Stewart Field for investigative services to be provided to the District Attorney's Office, said contract with Stewart Field to include total compensation of $8,083.37 to be paid according to paragraph number 6 of the contract. The contract shall expressly state that they are contingent upon receipt of the Aid to Prosecution Grant money sufficient to fund the positions for the terms of said contracts; contract subject to the review of the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZATION TO APPLY FOR BYRNE ANTI-DRUG FUNDS – SHERIFF’S DEPARTMENT

WHEREAS, monies have been made available from the Federal Edward Byrne Program through Senator John R. Kuhl’s Office to assist communities in fighting juvenile crimes connected with drugs and alcohol.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the Schuyler County Sheriff to submit a grant application for Federal Edward Byrne Program funds, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County Sheriff be hereby authorized to accept any approved Byrne Anti-Drug funds and sign any necessary documents for said funds, estimated to be $22,500 with the 25% match money to be taken from funds currently budgeted for anti-drug programs in the Sheriff 2001 budget; subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZATION FOR THE COUNTY OF SCHUYLER TO APPLY FOR JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIGB) - PROBATION

WHEREAS, this Legislature authorized the Probation Department to apply for and accept grant funds dealing with the juvenile population, making said segment accountable for their actions, during the years 1999 through 2000, and 2000 through 2001, and

WHEREAS, the State of New York Division of Criminal Justice Services has now advised the County of Schuyler that it is again eligible for a grant under the above grant arrangement, this time in the amount of $16,763 for the years 2001 and 2002, and

WHEREAS, it is believed that the above funds would serve a useful need in dealing with the juvenile population, in particular due to violence among teens and serious behavior problems in the schools.

NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler is hereby authorized to apply for the above named funding and to direct its Probation Director to convene a committee which would result in the juvenile accountability incentive block grant application being submitted to the New York State Department of Criminal Justice Services for the years of 2001 and 2002, subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 18A Motion by Hastings, Second by Young.

RE: MOTION TO AMEND RESOLUTION NO. 18

BE IT RESOLVED, that Resolution No. 18 be amended to remove the third WHEREAS from the Resolution.

DISCUSSION: Legislator Marvel asked what the difference is with this resolution from last month’s proposal? Legislator Hastings said that Emergency Management is not involved with the contract this time. The Highway Department has the money in his budget for 2001. Legislator Hastings questioned why Watkins Glen International is in the resolution at all. Attorney Coleman stated that there is no legal difference in removing this Whereas paragraph. Legislator Marvel does not understand why the county needs to spend this money. Legislator Young said she had an in-depth discussion with the Highway Superintendent about this. This system allows him to keep a history of weather conditions over a period of time, which will be helpful in case of any lawsuits based upon weather related road conditions. Additionally, it will help the overtime work schedule and keeps those costs controlled. Legislator Marvel said he still cannot justify the cost. Legislator Hastings called for the question.

VOTE: Passed 6-2. Noes: Karius, Marvel.

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

RE: AUTHORIZE AGREEMENT WITH DTN CORPORATION FOR WEATHER SERVICES – HIGHWAY – AS AMENDED

WHEREAS, the Highway Superintendent and the Public Works Committee have agreed there is a need for the Highway Department to have a Data Transmission Network (DTN) that will enable them to have instant access to comprehensive regional and national weather data, and

WHEREAS, the technology of DTN allows the Highway Department to have unlimited usage of the most current weather data available, along with all warning and alerts direct from NOAA. The system updates every 15 minutes from an independent satellite, with additional information that cannot be obtained in one source, at an affordable price with no on-line, access or other phone fees, and with proven accuracy and proven savings for the Highway Department.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with DTN Corporation for a Data Transmission Network for the Highway Department for the term January 1, 2001 through December 31, 2001, in the amount of $ 1,077, funding available in the 2001 budget account no. 5142.400; subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 7-1. No: Marvel.

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

RE: AUTHORIZE THE ELIMINATION OF A LABORER AND RE- CREATION AND FILLING OF MOTOR EQUIPMENT OPERATOR - HIGHWAY

WHEREAS, the Highway Superintendent and the Public Works Committee recommend the re-creation and filling of the Motor Equipment Operator that was eliminated during the 1991 layoffs, and

WHEREAS, the Highway Superintendent has eliminated one (1) laborer position, leaving just two (2) laborers, and

WHEREAS, the Personnel Director has reviewed the duties statement presented and titled the same as Motor Equipment Operator, and

WHEREAS, funding for this position is included in the 2001 budget account no. 5110.100.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approve the re-creation and filling of the position of Motor Equipment Operator in the Highway Department at an hourly rate of $10.51 (1999 rate due to contract negotiations).

VOTE: Passed 7-1. No: Marvel.

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

RE: AUTHORIZE ESTABLISHMENT OF ACCOUNT IN ANTICIPATION OF RECEIVING FUNDS UNDER A STATE GRANT AND AMEND THE 2001 MACHINERY BUDGET - HIGHWAY

WHEREAS, the Highway Department has applied for and anticipates receiving funds from the Department of Environmental Conservation in the form of a grant in the amount of $70,000, for the purchase of equipment for flood control, and

WHEREAS, to avoid delay in accessing the funds, the Highway Department would like to establish an appropriate account for said funds.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to establish the following accounts and amend the 2001 Machinery budget:

            AMOUNT                   ACCOUNT NO.                     DESCRIPTION
            +$50,000                     5130.200                                 Bulldozer
            +$20,000                     5130.201                                 Chipper (this is in addition to the $5,000 already in place)
            +$70,000                     0003-3589                               State Aid Other, Transportation

VOTE: Passed 8-0.

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

RE: AUTHORIZE SEASONAL RATES FOR MARINA

WHEREAS, the Public Works Committee of this Legislature has approved and submitted to this Legislature Schamel Brothers' proposed Rate Schedule for its consideration and approval, and

WHEREAS, this Legislature has considered and concurs with the Public Works Committee's recommendation to accept the proposed rates.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the following as the Village Marina's 2001 Seasonal Rate Schedule for its 145 available slips:

2001 RATES

DOCK WIDTH                                   MINIMUM     WATER & ELECTRICITY
8' wide $                                              950.00                                     $100.00
10' wide                                              975.00                                     100.00
12' wide                                             1,000.00                                    100.00
14' wide                                             1,100.00                                   100.00
16' wide                                             1,200.00                                   100.00

20 amp Service $100.00 30 amp Service $150.00

Dry Docking w/unlimited use of launch ramp $475.00

2001 TRANSIENT DOCK

NO. ELECT.               W/30 AMP HOOK-UP
Per hour                       $ 2.00                          ----
Per day                        35.00                          $ 35.00
Per week                      150.00                                    150.00
Per month                     600.00                                   700.00

LAUNCHING RAMP FEES

$4.00 per Launch - tenants free $35.00 October 31 - March 1st w/unlimited use

TRUCK CRANE

Seasonal Tenants $60.00 each time plus tax
Non-Tenants $70.00 each time plus tax

WINTER STORAGE RATES

AT THE DOCK:          $15.00 per foot (use of bubbler system is allowed with electrical charges billed additionally)
ON LAND:                  $ 8.00 per foot
HAULING OUT:         $ 3.50 per foot each way
PUMP OUT:    $ 3.00 per pump for tenants; $5.00 per pump for non-tenants
TRAILER/CRADLE FEE:        Minimum of $25.00 includes handling and storage

MISCELLANEOUS RATES AND CHARGES

The Village Marina Seasonal Rates for Summer 2001 apply to the period beginning April 15, 2001 and continuing through October 30, 2001. Any seasonal tenants who do not plan to haul out or store with the Village Marina, and are still in the water after these dates, will be assessed a service charge of $5.00 per day for each day until the boat is removed.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT AMENDMENT WITH EASTERN COPY PRODUCTS - LEGISLATURE

WHEREAS, the Legislative Office entered into a contract with Eastern Copy Products for a copier in 1996, said contract not expiring until June, 2003, and

WHEREAS, it is desirous to network the existing copier to a computer, and

WHEREAS, the cost of the networking is $77.80 per month, which is budgeted in the 2001 budget (it is notable that the maintenance cost for the copier will be decreased by $40 per month).

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract amendment with Eastern Copy Products for additional networking equipment to the Legislative Office copier, at a total contract increase of $77.80 a month, said increase budgeted in the Legislative account no. 1010.410 in the 2001 budget; amendment subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT AMENDMENT WITH EASTERN COPY PRODUCTS FOR VARIOUS DEPARTMENTS

WHEREAS, the County entered into a three-year contract with Eastern Copy Products for copiers for various county departments, and

WHEREAS, there have been some minor accessory changes to copiers which require a contract amendment.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract amendment with Eastern Copy Products for various accessory changes to county copiers, at a total contract increase of $29, said increase budgeted in the appropriate department budget; amendment subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE ASSISTANCE FROM THE HOUSEHOLD HAZARDOUS WASTE (HHW) STATE ASSISTANCE PROGRAM AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE

WHEREAS, the State of New York provides financial aid for household hazardous waste programs, and

WHEREAS, Schuyler County, herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws, and

WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such State Aid.

NOW, THEREFORE, BE IT RESOLVED, by the Schuyler County Legislature as follows:

1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized.

2. That the Chairman of the Schuyler County Legislature, or his designee is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State.

3. That the MUNICIPALITY agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs.

4. That the MUNICIPALITY or MUNICIPALITIES set forth their respective responsibilities by attached joint resolution relative to a joint program.

5. That five (5) certified copies of this Resolution be prepared and sent to the NYSDEC together with a complete application.

6. That this resolution shall take effect immediately.

VOTE: Passed 8-0.

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

RE: APPOINTMENT OF THE FAIR HOUSING OFFICER FOR SCHUYLER COUNTY

WHEREAS, Resolution No. 88-00 appointed Tim Cullenen, County Planner, as the Fair Housing Officer for Schuyler County, and

WHEREAS, it is the recommendation of the Community Development and Natural Resources Committee that the County Planner, whether a county employee or contractual arrangement, be appointed as the County’s Fair Housing Officer by title only.

NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature hereby appoints the County Planner as the Fair Housing Officer for the County of Schuyler, and

BE IT FURTHER RESOLVED, that the County Planner shall be responsible for complying with HUD Fair Housing requirements, and

BE IT FURTHER RESOLVED, that the Fair Housing Officer shall provide information and assistance to individuals who feel that they have been victims of discrimination in regard to housing under Sections 804, 805, 806 or 818 of the Fair Housing Act Title VIII of the Civil Rights Act of 1968, as amended. Such discriminatory housing practices include discrimination in sale or rental of housing, discrimination in the provision of brokerage services, or interference, coercion, or intimidation, as defined under the Act, on the basis of race, color, religion, national origin, sex, handicap or familial status, and

BE IT FURTHER RESOLVED, that the Fair Housing Officer shall develop a plan for approval by the Schuyler County Legislature which includes public notice, availability of information, investigation of complaints, documentation and reporting to HUD complaints and actions taken.

VOTE: Passed 8-0.

WITHDRAWN

RE: AUTHORIZE SUBSTITUTE DRIVERS FOR MEAL DELIVERIES – OFFICE FOR THE AGING

WHEREAS, it is becoming more and more difficult to find volunteer drivers who will substitute as meal deliverers in the far reaches of Schuyler County, and

WHEREAS, the Office for the Aging recently experienced an emergency situation with drivers where meals could not be delivered every day, and

WHEREAS, the Office for the Aging feels that daily meal delivery is a crucial part of supporting older adults in their homes.

NOW, THEREFORE, BE IT RESOLVED, that the Office for the Aging be authorized to pay a stipend to an on-call substitute in emergency situations, and

BE IT FURTHER RESOLVED, that this process meet the necessary procedures of the Personnel Department.

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

RE: AUTHORIZE SOFTWARE SUBSCRIPTION AGREEMENT WITH KVS – TREASURER’S OFFICE

WHEREAS, the Treasurer’s Office wishes to renew their software subscription agreement with KVS with the addition of two modules, Forms Application for Laser Printing and PC Anywhere.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with KVS Information Systems, Inc. for the term January 1, 2001 through December 31, 2001 at a cost of $9,252.75 for the year 2001, funding available in the Treasurer’s budget account number 1325.435; subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT WITH GHI FOR HEALTH INSURANCE FOR THE YEAR 2001

BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with GHI for Health Insurance Coverage for all county employees for the term January 1, 2001 through December 31, 2001, funding available in the 2001 County budget, at the following rates:

                                                            Individual                      Family
Dental                                                  $16.01                         $56.03
Medical/Hospital                                  $274.90                       $769.82; contract subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE ONE-YEAR APPOINTMENTS

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2001 through December 31, 2001, to wit:

Child Care Coordinating Council

Ruth Young

Emergency Medical and Highway Safety Committee

Thomas M. Gifford, Chairman of the Legislature
Patricia L. Hastings, Chair, Public Safety
Charles Franzese, Engineer

Fire Safety Advisory Board

Mike McClernon/Tim Hudson – Beaver Dams
Jason Kelly/Curt Connelly – Burdett
Richard Robertson/William Ward – Mecklenburg
Ron Ames, Jr./Larry States – Monterey
Paul Cartwright/Mike Barr – Montour Falls
Robert Franklin/Todd Thoman – Odessa
Eric Anderson/Al Buckland – Tyrone
Mike Hicks/Scott Eaton – Valois-Logan Hector
Kirk Smith/Charles Smith, Sr. – Watkins Glen
Patricia Hastings – Legislator

Inter-County Association of New York

Thomas Gifford – Legislature
Glenn Larison – Legislature
Gail Hughey – Clerk of the Legislature

SCOPED

Jerold Marvel – Legislature
Thomas Gifford – Chairman of the Legislature

Sullivan Trail Resource, Conservation & Development Council

Charles Fausold

Professional Advisory Committee

William Weiss – DSS Commissioner
Ruth Bedient – Member-at-Large
Doris Karius – Member-at-Large
Harold Hoffmeier – Primary Care Center
Michelle Myers – Schuyler Hospital
Elizabeth Hayes – Member-at-Large
Kathryn Doolittle – Member-at-Large
Tom Gifford – Legislature
Marcia Kasprzyk – Public Health
Michael Gehl – Falls Home
Sharon Bingell – Legislature
Carol Bossard – Office for the Aging
Deborah Bailey – Schuyler Home Care
Eunice Nayo, M.D. – Physician
Verna Shrout – Member-at-Large

VOTE: Passed 8-0.

RESOLUTION NO. 29 Motion by Bingell, Second by Marvel.

RE: AUTHORIZE TWO-YEAR APPOINTMENTS

Environmental Management Council

James Murphy – Town of Catharine
Benjamin Dickens – Town of Hector
Phil Miller – Town of Tyrone
Amelia Cornish – Village of Montour Falls
James Hazlitt – Member-at-Large
Bruce Adams – Member-at-Large
Kenneth Dillon – Member-at-Large
James Howell – Watershed, Member-at-Large
Michelle LaDue-Benjamin – Secretary, Member-at-Large
Elaine Dalrymple – Soil & Water Conservation District

Office for the Aging Advisory Council

Beth Creamer – RSVP
Joette McBride – Hector (East)
Janine Benjamin-Kuehl – Schuyler Hospital
Dorothy Huey – Tyrone
Verna Shrout – Catharine
Marjorie Tewksbury – Montour Falls
Ida Landrum - Burdett
Kahtryn Doolittle – Consumer
Marcia Kasprzyk – Home Health
Marie Jimerson – ARC
William Weis - DSS
Robert Burnside
Charles Young

VOTE: Passed 8-0.

RESOLUTION NO. 30 Motion by Marvel, Second by Larison.

RE: AUTHORIZE APPOINTMENTS – FOREST PRACTICE BOARD

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Forest Practice Board for the term January 1, 2001 through December 31, 2003:

David Tetz – Forester Representative
William Fagnan – Forest Landowner

VOTE: Passed 8-0.

RESOLUTION NO. 31 Motion by Marvel, Second by Larison.

RE: AUTHORIZE APPOINTMENTS – COMMUNITY SERVICES BOARD

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Community Services Board for the terms as set forth below:

Michael Gehl January 1, 2001 – December 31, 2004 (2^nd term)
Robert Burnside January 1, 2001 – December 31, 2004 (2^nd term)

VOTE: Passed 8-0.

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

RE: AUTHORIZE APPOINTMENTS – MENTAL HEALTH SUBCOMMITTEES

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Mental Health Subcommittee for the terms as set forth below:

Michael Gehl January 1, 2001 – December 31, 2004 (2^nd term)
Heidi Hathaway January 1, 2001 – December 31, 2004 (2^nd term)

VOTE: Passed 8-0.

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

RE: AUTHORIZE APPOINTMENTS – MENTAL RETARDATION/DEVELOPMENTAL DISABILITIES

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Mental Retardation/Developmental Disabilities Subcommittee for the terms as set forth below:

Robert Burnside January 1, 2001 – December 31, 2004 (2^nd term)
Richard Schockner January 1, 2001 – December 31, 2004 (2^nd term)

VOTE: Passed 8-0.

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

RE: AUTHORIZE APPOINTMENTS – SCHUYLER COUNTY YOUTH BOARD

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Schuyler County Youth Board for the term January 1, 2001 through December 31, 2003:

            Sharon Bingell – Town of Reading
            John Vona – Village of Watkins Glen
            Beverly Clickner – Social Services
            Arnie Bagchi – Mental Health

VOTE: Passed 8-0.

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

RE: AUTHORIZE SIX (6) RESOLUTIONS BE BROUGHT TO THE FLOOR

BE IT RESOLVED, that six (6) resolutions be brought to the floor.

VOTE: Passed 8-0.

RESOLUTION NO. 36 Motion by Larison, Second by Bingell.

RE: AUTHORIZE THE CREATION AND ACKNOWLEDGE THE APPOINTMENT OF ELIZABETH A. CORLEY, J.D., AS SECOND ASSISTANT COUNTY ATTORNEY

WHEREAS, the position of Second Assistant County Attorney is funded in the approved County Budget for the year 2001, and

WHEREAS, the County Attorney has appointed Elizabeth A. Corley, Attorney at Law, as Second Assistant County Attorney in accordance with County Law Section 502, at an annual salary of $55,000 for the term January 1, 2001 through December 31, 2003.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the creation of a Second Assistant County Attorney position in the County Attorney’s Office at a salary of $55,000, and

BE IT FURTHER RESOLVED, that the Legislature hereby acknowledges such appointment on the terms hereinabove set forth.

DISCUSSION: Legislator Hastings said she will be voting no on this resolution. She wants a study to be done to see if it would be more economical for Social Services to hire their own attorney in-house.

VOTE: Passed 7-1. No: Hastings.

RESOLUTION NO. 37 Motion by Larison, Second by Bingell.

RE: AUTHORIZE THE CREATION AND ACKNOWLEDGE THE APPOINTMENT OF STEWART E. McDIVITT, ESQ., AS ASSISTANT PUBLIC DEFENDER

WHEREAS, the position of Assistant Public Defender is funded in the approved County Budget for the year 2001, and

WHEREAS, the Public Defender has appointed Stewart E. McDivitt, Attorney at Law, as Assistant Public Defender, at an annual salary of $21,500 for the term January 1, 2001 through December 31, 2003.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the creation of an Assistant Public Defender position in the Public Defender’s Office at a salary of $21,500, and

BE IT FURTHER RESOLVED, that the Legislature hereby acknowledges such appointment on the terms hereinabove set forth.

VOTE: Passed 8-0.

RESOLUTION NO. 38 Motion by Larison, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS AND AMEND SALARY SCHEDULE – HISTORIAN

WHEREAS, it is the desire of the County Historian to reduce her salary by $350 so that she has appropriations for supplies.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $350 from account no. 7510.100 to account no. 7510.400, and

BE IT FURTHER RESOLVED, that the 2001 Salary Schedule, as it relates to the Historian, be amended from $1,500 to $1,150 effective January 1, 2001.

VOTE: Passed 8-0.

RESOLUTION NO. 39 Motion by Larison, Second by Bingell.

RE: AUTHORIZE APPOINTMENT OF YOUTH BUREAU DIRECTOR

WHEREAS, there is a vacancy in the position of Youth Bureau Director.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints JoAnn L. Ehrhart as Youth Bureau Director effective immediately at an annual salary of $33,000.

VOTE: Passed 8-0.

RESOLUTION NO. 40 Motion by Larison, Second by Bingell.

RE: APPROVE APPLICATION FOR CORRECTED TAX ROLL - TEMPEST

WHEREAS, an application for corrected tax roll has been filed in accordance with Real Property Tax Law Section 554, and

WHEREAS, the inadvertent removal of a Basic STAR exemption from the roll constitutes a clerical error as defined in RPTL Sec. 550 (2) c, and

WHEREAS, it is the recommendation of the Real Property Tax Director that the application be approved.

NOW, THEREFORE, BE IT RESOLVED, that the Town of Orange tax roll be adjusted to reflect a total amount due for parcel 82.-1-19 of $669.35, and

BE IT FURTHER RESOLVED, that a corrected tax bill be mailed by the Town Collector, and

BE IT FURTHER RESOLVED, that the Treasurer chargeback $378.45 to the Bradford School District, and that the warrant be adjusted accordingly.

VOTE: Passed 8-0.

RESOLUTION NO. 41 Motion by Larison, Second by Bingell.

RE: AMEND RESOLUTION NO. 569-00 AUTHORIZING FILLING PART-TIME NURSE POSITION – PUBLIC HEALTH

WHEREAS, Resolution No. 569-00 authorized the filling of a part-time Nurse position, Grade 23, $13.40 per hour, and

WHEREAS, this position should be a Public Health Nurse, Grade 27, $15.10 per hour.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature amends Resolution No. 569-00 to fill the part-time "Public Health Nurse position, Grade 27, $15.10 per hour", with all other wording to remain the same.

VOTE: Passed 8-0.

NEW BUSINESS: None.

UNFINISHED BUSINESS:

Legislator Young thanked the Legislature for their help in filling the Youth Bureau Director position and introduced the new Director, JoAnn Ehrhart. JoAnn said she is looking forward to working with everyone and thanked the Legislature for their support.

MOTION by Legislator Larison to bring Resolutions No. 575-578 of 2000 off the table, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes.

DISCUSSION: Legislator Marvel said he will be voting no on the positions that are not fully grant funded. Legislator Hastings said she appreciates Legislator Marvel’s concern about the budget and taxes, and hopes that the County Administrator will study each department to look for efficiencies. MOTION by Bleiler to call the question, SECOND by Larison.

RESOLUTION NO. 575 Motion by Larison, Second by Bingell.

RE: AUTHORIZATION TO CREATE AND FILL THE POSITION OF CASEWORKER – SOCIAL SERVICES

WHEREAS, the Department of Social Services is in need of an additional caseworker in the Children’s Services unit due to a rapid increase in the hotline calls received, and

WHEREAS, the Schuyler County Legislature approved the 2001 County budget which contains funding for the position in line 6010.100.

NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Department of Social Services be authorized to create and fill the position of caseworker at salary grade XXII ($12.71/hour) effective January 1, 2001 and fill any vacancies created by promotions or lateral transfers.

VOTE: Passed 7-1. No: Marvel.

RESOLUTION NO. 576 Motion by Larison, Second by Bingell.

RE: AUTHORIZATION TO CREATE AND FILL THE POSITION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) CASEWORKER – SOCIAL SERVICES

WHEREAS, the Department of Social Services is in need of an additional caseworker in the Children’s Services unit who will work with TANF families who require preventive services, and

WHEREAS, the Schuyler County Legislature approved the 2001 County budget which contains funding for the position in line 6010.100, and

WHEREAS, the position is 100% reimbursed through Federal appropriations as contained in the Department’s TANF Service plan, and

WHEREAS, the position will only be filled once the TANF Service Plan is approved by New York State agencies in Albany.

NOW, THEREFORE, BE IT RESOLVED THAT the Schuyler County Department of Social Services be authorized to create and fill the position of TANF caseworker at salary grade XXII ($12.71/hour) effective January 1, 2001, subject to availability of TANF funds, and fill any vacancies created as the result of promotions or lateral transfers.

VOTE: Passed 8-0.

RESOLUTION NO. 577 Motion by Larison, Second by Bingell.

RE: AUTHORIZE TO CREATE AND FILL THE POSITION OF SOCIAL WELFARE EXAMINER – SOCIAL SERVICES

WHEREAS, the Department of Social Services has experienced a steady increase in the number of MEDICAID cases over the past six years, and

WHEREAS, the supervisor of the unit is carrying a full caseload, which prohibits him from fulfilling his supervisory responsibilities, and

WHEREAS, it is essential that the supervisor of the unit conduct a quality assurance review of selected cases in order to ensure cases are being opened and maintained in accordance with established laws and regulations, and

WHEREAS, the Schuyler County Legislature approved the 2001 County budget, which contains funding for this position in line 6010.100.

NOW, THEREFORE, BE IT RESOLVED THAT, the Schuyler County Department of Social Services be authorized to create and fill the position of Social Welfare Examiner at salary grade XV ($10.85/hour), effective January 1, 2001, and fill any vacancies created as the result of promotions or lateral transfers.

VOTE: Passed 7-1. No: Marvel.

RESOLUTION NO. 578 Motion by Larison, Second by Bingell.

RE: AUTHORIZATION TO CREATE AND FILL THE POSITION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) SOCIAL WELFARE EXAMINER – SOCIAL SERVICES

WHEREAS, the Department of Social Services is in need of a Social Welfare Examiner to work with TANF clients in order to assist them in becoming self-reliant, and

WHEREAS, the Schuyler County Legislature approved the 2001 County budget, which contains funding for this position in line 6010.100, and

WHEREAS, the position is 100% reimbursed through Federal appropriations as contained in the Department’s TANF Service Plan, and

WHEREAS, the position will only be filled once the plan is approved by New York State agencies in Albany.

NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Department of Social Services be authorized to create and fill the position of TANF Social Welfare Examiner at salary grade XV ($10.85/hour) effective January 1, 2001, subject to availability of TANF funds, and fill any vacancies created as the result of promotions or lateral transfers.

VOTE: Passed 8-0.

REPORT ON STANDING COMMITTEES:

Legislator Young brought up an issue being discussed by the Community Development and Natural Resources (CDNR) Committee, specifically electrical energy and ways to buy it at cheaper rates. Broome and Otsego counties have already done resolutions to join the Energy Alliance. Cortland County is currently considering joining. The contract is up the first of April, and the Alliance needs to get everyone signed up for renewal.

Legislator Bleiler reported on the Management & Finance Committee. He noted that GHI health insurance for county employees continues to play an important role on the county’s finances. There are virtually only two companies the county can buy insurance from, which limits the county’s choices. This will continue to be a bigger and bigger problem. Administrator Corl said the idea of insurance review is not dead. The county should be receiving some correspondence very shortly which will re-generate discussions.

Legislator Larison reported on the Public Works Committee. He said the State Route 224, Odessa Hill project is a go. The towns and villages are willing to commit local resources and NYSDOT will be building a truck stop near Odessa so that the weight restriction can be lifted. There will be a truck inspection area, which will require all trucks to pull off intermittently – it is not an inspection station.

Legislator Marvel reported on the CDNR Committee. He said he has been collecting data about the power coalition, which he will present to the CDNR Committee this month. If Schuyler County joins, it will allow a lot of people to sign on and be eligible for whatever power rate reductions are available. The committee started this process last year and he feels the county needs to seriously look into joining. Legislator Marvel also noted that at SCOPED’s annual meeting he was elected Director of the Board. He said he will make sure the public money is put to good use.

Legislator Bingell announced that the Health Services Committee meeting will be held on Monday, January 22^nd at 9:30 a.m. instead of the 19^th. Legislator Young announced that she will move Human Services to the 22^nd at 1:30 p.m. to coincide with Health Services.

PUBLIC PARTICIPATION:

Tom Ryan asked about the State Route 224 truck stop project. He feels a lot of truck traffic will be going down other roads to avoid the stop. Legislator Larison said the safety engineers from NYS Department of Transportation designed this idea. Trucks are using the secondary roads now.

The meeting adjourned at 7:50 p.m.

Gail M. Hughey, Clerk

SPECIAL MEETING
JANUARY 18, 2001

The January 18, 2001 Special Meeting of the Schuyler County Legislature was called to order at 1:00 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 Legislators Young and Larison. Acting County Attorney Morris and County Administrator Corl were also present.

PUBLIC PARTICIPATION: None.

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

RE: RATIFICATION OF SPECIAL MEETING

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

1. Authorize Application for HOME Program.

2. Local Law Intro. No. 1 of the Year 2001 Amending Local Law No. 12 of the Year 2000 Establishing an Empire Zone in Certain Areas of Schuyler County.

3. Change Date of February Regular Meeting.

VOTE: Passed 5-0.

RESOLUTION NO. 51 Motion by Marvel, Second by Hastings.

RE: LOCAL LAW INTRO. NO. 1 OF THE YEAR 2001 AMENDING LOCAL LAW NO. 12 OF THE YEAR 2000 ESTABLISHING AN EMPIRE ZONE IN CERTAIN AREAS OF SCHUYLER COUNTY, NEW YORK AND TO AUTHORIZE THE PREPARATION AND SUBMISSION OF AN APPLICATION FOR THE DESIGNATION OF SUCH EMPIRE ZONE

WHEREAS, the Schuyler County Legislature needs to amend Local Law No. 12 of the Year 2000 which established an Empire Zone in certain areas of Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1 of the year 2001, in the form hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and

BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on January 30, 2001 at 1:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 1 OF THE YEAR 2001

A Local Law to amend Local Law No. 12 of the Year 2001 establishing an Empire Zone in certain areas of Schuyler County, New York and to authorize the preparation and submission of an application for the designation of such Empire Zone.

BE IT ENACTED by the Legislature of the County of Schuyler, to amend Local Law No. 12 of the Year 2000 to read as follows (changes in bold):

"BE IT ENACTED by the Legislature of the County of Schuyler, as follows:

WHEREAS, the County of Schuyler is deemed eligible for designation by the State of New York as an empire zone, and whereas the County of Schuyler and the participating municipalities are desirous of establishing a close working relationship to provide enhanced job opportunities for the residents of Schuyler County and whereas the designation of an empire zone would provide greatly enhanced opportunities for job creation, the County of Schuyler as the primary applicant hereby authorizes the application to the State of New York for designation of an empire zone as follows:

Section 1: Article 18b of the General Municipal Law has authorized applications by municipalities for designation as empire zones within the meaning of said statute and such designation could greatly benefit the County of Schuyler and other municipalities within Schuyler County in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area, and new and expanded businesses would generate new jobs for County residents.

Section 2: The Schuyler County Legislature is hereby authorized to submit an application for designation of certain areas within the County of Schuyler as an empire zone, the boundaries of which said zone are as set forth in Schedule "A" which is attached hereto and made a part hereof.

Section 3: Pursuant to the requirements of the aforesaid statute the County Treasurer shall serve as Certification Officer of the County of Schuyler empire zone areas and shall perform the following duty, to wit: certify, jointly with the New York State Commissioner of Economic Development and the New York State Commissioner of Labor, those business enterprises which are eligible to receive benefits referred to in Section 966 of Article 18B of the general municipal law.

Section 4: Pursuant to the requirements of the aforesaid statute a local empire zone administration board is hereby established to consist of six or more members, none of whom shall be the Certification Officer. Six or more members are to be appointed by the Schuyler County Legislature. The appointments shall be for terms of three years except that half of the original appointees shall be appointed to two year terms. All subsequent new appointments and reappointments shall be for a term of three years and shall be filled for duration of unexpired term. The members shall be a representative of local business, organized labor, community organizations, financial and educational institutions, at least one of whom shall be a zone resident. The official who shall serve as the local empire zone Administrator shall be the Executive Director of the Schuyler County Partnership for Economic Development, Inc. The local empire zone administrative board shall perform the following duties:

a. Submit an annual report to the New York State Commissioner of Economic Development regarding empire zone activities, including analysis of the extent to which the goals set forth in the empire zone application have been met;

b. Undertake efforts to ensure meaningful participation by minority and women businesses in empire zone activities;

c. Provide within the zone, by contract with the Schuyler County Partnership for Economic Development (SCOPED), strategic economic development planning for the zone, marketing and promotion of the zone, assistance to companies in applying for available benefits, preparation of application for financing assistance and other technical assistance services, coordination of the delivery of state and local economic development assistance programs in furtherance of the empire zone plan as shall be determined by the designee. Provided, however, within the amount appropriated therefore and allocated by the SCOPED, the Commissioner shall, to the maximum extent feasible, make equally available financial support, through contracts or other means, to assist with the administrative expenses of the zone activity operations. No funds shall be made available for this purpose unless the amount to be provided has been matched by private and governmental sources, other then state sources, in amounts at least equaling that to be provided by the state;

d. Enter into an agreement with the office of business permits and regulatory assistance to participate in a business permit assistance program to be provided to applicants for business permits required by a county, city, town or village for a business undertaking project or activity in the empire zone;

e. Enter into agreements with the commissioners of economic development, labor and social services, local education agencies as defined in paragraph (b) of subdivision one of section three thousand thirty two of the education law, local community-based organizations, private employers, labor unions, the administrative entity and private industry council for the service delivery area established under the job training partnership act (P.L. 97-300) that includes the empire zone, and any other person or state or federal agency for the purpose of establishing, implementing and coordinating job training programs for employees and businesses to be located in the empire zone, provided, however, that: (A) any agreement to establish a job training program designed to meet the needs of private employers shall require such employer to retain in his employ for not less than six months an employee who has satisfactorily completed a course of training for a particular job opening; (B) any job training program established pursuant to this subdivision shall make use of the job service division of the labor department as well as other sources for the purpose of recruitment;

f. In cooperation with local service officials establish a job training opportunities program sponsored by private employers in accordance with the provisions of section one hundred sixty four b of three hundred fifty one of the social service law;

g. Enter into agreements with the local departments of social services and community based organizations to facilitate the provisions of ancillary or enhanced social services in the zone; and

h. Ensure that the job training programs meet standards of instructional quality established in regulations promulgated by the Commissioner of Education.

Section 5: This local law shall take effect immediately upon filing with the Secretary of State as required by municipal home rule law."

DISCUSSION: Legislator Hastings expressed concern about this information missing from the original local law, that it might have jeopardized our application. Chairman Gifford announced that an Empire State Development representative will be in the county on January 25^th to review our application and tour some sites.

VOTE: Passed 6-0.

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

RE: AUTHORIZE BISHOP SHEEN ECUMENICAL HOUSING FOUNDATION TO APPLY FOR HOME PROGRAM ON BEHALF OF SCHUYLER COUNTY

WHEREAS, the United States Department of Housing and Urban Development (HUD) provides, through the New York State Division of Housing and Community Renewal (DHCR), grants under the HOME Program, a program for moderate rehabilitation of owner-occupied homes and mortgage principal reduction for first-time homebuyers, with a potential to serve the entire County, and

WHEREAS, Bishop Sheen Ecumenical Housing has the staffing and expertise to apply for these funds on behalf of Schuyler County, and

WHEREAS, the need for this type of assistance exists county-wide.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize Bishop Sheen Ecumenical Housing Foundation to apply for funds through the HOME Program on behalf of Schuyler County, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute any documents necessary to effectuate the County’s application as described above.

DISCUSSION: In response to Legislator Hasting’s question, Michelle Benjamin (Cooperative Extension Recycling Specialist) explained that this is a new round of grants and is different because there are rehabilitation and mortgage principal reduction categories. This is a county-wide grant opportunity.

VOTE: Passed 6-0.

RESOLUTION NO. 53 Motion by Hastings, Second by Bleiler.

RE: CHANGE FEBRUARY 12, 2001 MEETING DATE

WHEREAS, the February 12, 2001 Regular Meeting date of the Schuyler County Legislature falls in the midst of NYSAC’s February Legislative Conference.

NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature’s Regular Meeting for February be rescheduled to Wednesday, February 14, 2001 at 6:30 p.m. in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY.

VOTE: Passed 6-0.

PUBLIC PARTICIPATION: None.

Chairman Gifford announced a Legislative Committee meeting on February 5, 2001 at 9:00 a.m. to discuss the functions of the County Administrator.

The Meeting adjourned at 1:18 P.M.

Gail M. Hughey, Clerk

SPECIAL MEETING
JANUARY 30, 2001

The January 30, 2001 Special Meeting of the Schuyler County Legislature was called to order at 1:05 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present, except Legislators Young, Bleiler and Marvel. County Attorney Coleman and County Administrator Corl were also present.

PUBLIC PARTICIPATION: None.

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

RE: RATIFICATION OF SPECIAL MEETING

1. Local Law No. 1 of the Year 2001 Amending Local Law No. 12 of the Year 2000 Establishing

an Empire Zone in Certain Areas of Schuyler County.

VOTE: Passed 5-0.

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

RE: LOCAL LAW NO. 1 OF THE YEAR 2001 AMENDING LOCAL LAW NO. 12 OF THE YEAR 2000 ESTABLISHING AN EMPIRE ZONE IN CERTAIN AREAS OF SCHUYLER COUNTY, NEW YORK AND TO AUTHORIZE THE PREPARATION AND SUBMISSION OF AN APPLICATION FOR THE DESIGNATION OF SUCH EMPIRE ZONE

WHEREAS, a proposed Local Law to amend Local Law No. 12 of the Year 2000 establishing an empire zone in certain areas of Schuyler County, New York and to authorize the preparation and submission of an application for the designation of such empire zone, was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held January 30, 2001 at 9:30 a.m., and

WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law.

NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 1 of the year 2001, 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 No. 1 of the year 2001, together with the required text thereof in the official county newspaper.

LOCAL LAW NO. 1 OF THE YEAR 2001

A Local Law to amend Local Law No. 12 of the Year 2000 establishing an Empire Zone in certain areas of Schuyler County, New York and to authorize the preparation and submission of an application for the designation of such Empire Zone.

BE IT ENACTED by the Legislature of the County of Schuyler, to amend Local Law No. 12 of the Year 2000 to read as follows (changes in bold):

"BE IT ENACTED by the Legislature of the County of Schuyler, as follows:

a. Submit an annual report to the New York State Commissioner of Economic Development

regarding empire zone activities, including analysis of the extent to which the goals set forth in the empire zone application have been met;

b. Undertake efforts to ensure meaningful participation by minority and women businesses in

empire zone activities;

e. Enter into agreements with the commissioners of economic development, labor and social services,

local education agencies as defined in paragraph (b) of subdivision one of section three thousand thirty two of the education law, local community-based organizations, private employers, labor unions, the administrative entity and private industry council for the service delivery area established under the job training partnership act (P.L. 97-300) that includes the empire zone, and any other person or state or federal agency for the purpose of establishing, implementing and coordinating job training programs for employees and businesses to be located in the empire zone, provided, however, that: (A) any agreement to establish a job training program designed to meet the needs of private employers shall require such employer to retain in his employ for not less than six months an employee who has satisfactorily completed a course of training for a particular job opening; (B) any job training program established pursuant to this subdivision shall make use of the job service division of the labor department as well as other sources for the purpose of recruitment;

g. Enter into agreements with the local departments of social services and community based organizations to facilitate the provisions of ancillary or enhanced social services in the zone; and

h. Ensure that the job training programs meet standards of instructional quality established in

regulations promulgated by the Commissioner of Education.

Section 5: This local law shall take effect immediately upon filing with the Secretary of State as required by municipal home rule law."

DISCUSSION: Legislator Hastings noted for the record that this is the local law originally given to the county for consideration, which was introduced and adopted the first time revised, but is now in the correct format.

VOTE: Passed 5-0.

PUBLIC PARTICIPATION:

Tom Ryan asked about the Montour House and if there is any reason that site cannot put included in an empire zone? Chairman Gifford explained that would have to be requested by the municipality and then an amendment to the borders would have to be made, but there is no reason that it cannot be done. Shepard Niles is in the zone, but the Montour House building is not. He explained that first the county has to be designated by the state as an economic zone, nothing can be done until that designation is made. This local law is to simply authorize the application.

The Meeting adjourned at 1:17 P.M.

Gail M. Hughey, Clerk

REGULAR MEETING
FEBRUARY 14, 2001

The February 14, 2001 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 and County Administrator Corl were also present.

PUBLIC PARTICIPATION: None.

PRESENTATION BY MR. BODEN FROM GROUP INSURANCE ADMINISTRATION SERVICE:

Mr. Boden explained that he is here to talk about the challenge the county is facing in regards to health insurance. Since 1997 the County’s expenditures have risen from $1,120,000 to $1,919,000, which is an increase of 61%. During the same period of time, the county’s enrollment in population only increased 21%. Another striking component is an increase in pharmacy charges. The pharmacy charges are 27% of the total cost of the plan. The problem is getting worse on an annual basis. The County formed a Health Insurance Review Committee (HIRC) to deal with this issue and address all of the issues surrounding the health care plan. He has looked at the former relationship with Group Health Insurance (GHI) through Chemung County. At first it looked like there might be money due to Schuyler County. That possibility has turned out to be untrue. As Chemung County sorts out issues with GHI, there are some pending potential outstanding expenses that might accrue to Schuyler County. He has also been looking at the relationship with GHI as it is today and alternative insurers. He wants to caution the county that simply changing the payer of benefits will not have an impact on the cost of claims and the increase in premiums. The HIRC gave the Legislature several recommendations. He was told that those changes were not warmly received. The county has a population that is not going to change. With the same group of people, we are talking about reducing the overall cost of the program to the taxpayers. How can that be done? If nothing is done, then as a group we have to accept the increasing costs and increasing rates. The only comfort being that Schuyler County is not alone. This issue is not unique to Group Insurance Administration Service. They work with health care plans east and west of Schuyler County. Everyone is experiencing increases. The county will continue the process. We will continue to look at other insurers and other benefit structures. That is what his company does on the county’s behalf. Chairman Gifford opened the floor for discussion or questions.

Melanie Rahr asked what other options are available. Mr. Boden said one possibility is to have the employees pay more, making it a straight shift in cost from the employees pocket, and the employer pays less. That does not have an influence on the use of services. Some employees tend to use the insurance without thought, saying they are entitled to the best coverage. Another approach is to not transfer the cost to everyone in the plan with increases, but to ask participants to increase the co-pay amount for an office visit. He feels this type of alternative gives a person a financial interest in the decision making process. Those are some examples, and they would have to be negotiated.

Duane Spilde asked if the statistics of Schuyler County, rate and usage, have a factor in the utilization. Mr. Boden said that they do and the utilization is a problem for a small pool like Schuyler County with only 270 employees. Reports are available from GHI. Another approach might be managed care, where the employer controls access to providers and the pool and how much the providers are compensated. That option is usually not well received.

Melanie Rahr expressed concern about a person that might have a chronic condition and need to go to the doctor once a week. With a co-pay of $25, they would not be able to afford it. Mr. Boden explained that a limit can be set. He does not want someone to fail to seek treatment. He would suggest either limiting the amount or setting it so that the co-pay, after so many visits, is reimbursable under major-medical. Melanie asked if that could be the same for prescriptions. Mr. Boden said that would get more complicated and more expensive. There is a growth in advertising expenses with marketing new brand name drugs. There are other

alternatives, such as a co-pay that is tied to the most expensive drugs and a smaller co-pay tied to the less expensive drugs.

Legislator Bleiler stated that the county is limited in its ability to seek companies to carry out health insurance for them and asked Mr. Boden to explain. Mr. Boden said that the delivery of benefits involve physicians, pharmacies, etc. and the company. That relationship involves how much is paid for the service provided. If someone were to go to the doctor with no health insurance, they will leave the doctor’s office with the bill paid in full out of their pocket. If someone were to go to the doctor with GHI insurance and that doctor is participating, that doctor would not be paid that day. He would be paid in the next two weeks, approximately 40% less that the person who paid in full. Doctors enter into an agreement with Blue Cross/Blue Shield (BCBS) or GHI that they will discount services to them for giving him patients. We need these discounts to keep cost of health care down. The Legislature discussed with him today who would make services available in Schuyler County. Of that list, a couple of them are not licensed in Schuyler County and some do not have any agreements. There are only a few companies who can deliver benefits, specifically GHI, BCBS, Affiliates of BCBS Managed Care, and Univera, formerly PHP. There is very little else available to Schuyler County. He also discussed the possibility of self insurance with the Legislature. Mr. Boden concluded by noting that the discounts, benefit structure and utilization make the difference in the cost of health insurance.

RESOLUTION NO. 56 Motion by Larison, Second by Bingell.

RE: APPROVE MINUTES OF THE DECEMBER 14, 2000 SPECIAL MEETING, DECEMBER 27, 2000 YEAR END MEETING, JANUARY 2, 2001 ORGANIZATIONAL MEETING, AND THE JANUARY 8, 2001 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the December 14, 2000 Special Meeting, December 27, 2000 Year-End Meeting, January 2, 2001 Organizational Meeting, and the January 8, 2001 Regular Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 8-0.

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

RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR COURTHOUSE CUPOLA AND RURAL URBAN CENTER HVAC CAPITAL PROJECTS – BUILDINGS AND GROUNDS

WHEREAS, the Public Works Committee recommends solicitation of bids for painting of the courthouse cupola and replacement of the HVAC system at the Rural Urban Center.

NOW, THEREFORE, BE IT RESOLVED, that the Buildings and Grounds Department be hereby authorized to advertise for bids for the painting of the courthouse cupola and replacement of the HVAC system at the Rural Urban Center, and

BE IT FURTHER RESOLVED, the Clerk of the Legislature, 105 Ninth Street, Unit 6, Watkins Glen, NY 14891 will receive bids. The Public Works Committee will open bids at a later date to be determined. The County of Schuyler reserves the right to accept or reject any and all bids.

VOTE: Passed 8-0.

RESOLUTION NO. 58 Motion by Larison, Second by Young.

RE: AUTHORIZE MONITORING AGREEMENT WITH SIMPLEX FOR HIGHWAY AND RURAL URBAN CENTER – BUILDINGS AND GROUNDS

WHEREAS, the contract with Simplex for fire alarm testing, maintenance and monitoring has expired, and

WHEREAS, a new contract has been authorized with different vendor for fire alarm testing and maintenance, and

WHEREAS, that company does not have the capability to provide a monitoring service agreement.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Simplex for fire alarm monitoring for county buildings for the term January 1, 2001 through December 31, 2001, funding available in the 2001 Buildings and Grounds budget account no. 1620.400; subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR THE HIGHWAY DEPARTMENT FOR 2001

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 2001 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. 60 Motion by Young, Second by Bingell.

RE: AUTHORIZE SHARED EQUIPMENT AGREEMENT FOR WOOD CHIPPER

WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for a brush chipper to be jointly purchased between the Schuyler County Highway Department and the Towns of Hector, Reading, Dix, Orange and Montour, and

WHEREAS, there is an Inter-Municipal Agreement that has been drawn up to cover the purpose, purchase, sale, ownership and maintenance of said equipment, and

WHEREAS, funding is available in the 2001 County Highway budget to cover the county’s share of said Agreement.

NOW,THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary document pertaining the Municipal Cooperation Agreement between the County of Schuyler and the Towns of Hector, Reading, Dix, Orange, and Montour, subject to the approval of the County Administrator and the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 61 Motion by Young, Second Bingell.

RE: AUTHORIZE ADVERTISEMENT FOR RECONSTRUCTION OF COUNTY ROUTE 14 AND COUNTY ROUTE 15 INTERSECTION

WHEREAS, deteriorated conditions have prompted the Highway Superintendent to have Hunt Engineers and Architects re-design the intersection of County Route 14 & 15 intersection, and

WHEREAS, the present drainage system at that intersection is inadequate and deteriorated, and

WHEREAS, the engineers have completed the design, and

WHEREAS, funding for said project is appropriated in the 2001 budget, account number 5112.545.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent be authorized to advertise for bids for the reconstruction of County Route 14 and County Route 15 intersection.

VOTE: 8-0.

RESOLUTION NO. 62 Motion by Young, Second by Bingell.

RE: AUTHORIZE INCREASE IN HOURS FOR ACCOUNT CLERK TYPIST - HIGHWAY

WHEREAS, the Highway Superintendent and the Public Works Committee recommend increasing the hours of the Account Clerk Typist to full-time, and

WHEREAS, the present Account Clerk Typist is a less than part-time position that is shared with the Shared Fuel Facility, and

WHEREAS, funding for this position is included in the 2001 budget account nos. 5010.100 and 5131.100.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves increasing the hours of the position of Account Clerk Typist to full-time (35 hours per week) in the Highway Department at an hourly rate of $ 9.39 (1999 rate due to contract negotiations).

VOTE: Passed 6-2. Noes: Hastings, Karius.

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

RE: AUTHORIZATION TO ADVERTISE FOR BID FOR A MATERIAL SALT SPREADER - HIGHWAY

WHEREAS, the County Highway Superintendent and the Public works Committee recommend the replacement of a salt spreader, and

WHEREAS, there is money appropriated in the 2001 budget for this purchase.

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

DISCUSSION: Legislator Hastings asked if the Highway Department had a salt spreader they were using now. Legislator Larison said yes, he believes they are going to sell it because it is too old. Legislator Hastings asked if it could be used for another year. Legislator Larison said it is in need of repair and the Highway Superintendent has recommended the county purchase a new one.

VOTE: Passed 7-1. No: Hastings.

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

RE: AUTHORIZE ENGINEERING CONSULTANT AGREEMENT WITH LABELLA ASSOCIATES FOR THE DESIGN OF COUNTY ROUTE 27 BRIDGE AND COUNTY ROUTE 16 BRIDGE REPLACEMENTS

WHEREAS, the replacement of BIN 3332660, CR 16 over Meads Creek Tributary and the replacement of BIN 3332690, CR 27 over Rock Stream are Federal aid-eligible projects, and

WHEREAS, funding for the local matching share for these projects is available in the 2001 budget account 5020.400.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to retain LaBella Associates, P.C. to provide engineering services for the replacement of CR 16 Bridge over Meads Creek and CR 27 Bridge over Rock Stream; contract subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 65 Motion by Larison, Second by Bingell.

RE: AUTHORIZE CONTRACT WITH MICHAEL POWERS FOR INVESTIGATIVE SERVICES – DISTRICT ATTORNEY

WHEREAS, there is currently a need for investigative services for the District Attorney as a result of an increase in felony prosecution in Schuyler County, and

WHEREAS, the District Attorney requests that the total compensation to Michael J. Powers shall be $10,166.63.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Michael J. Powers for investigative services to be provided to the District Attorney's Office for the term January 16, 2001 to December 31, 2001, said contract with Michael J. Powers to include total compensation of $10,166.63 to be paid according to paragraph number 6 of the contract. The contract shall expressly state that they are contingent upon receipt of Aid to Prosecution Grant money sufficient to fund the position for the term of said contract; contract subject to the review of the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 66 Motion Bingell, Second by Bleiler.

RE: AUTHORIZE TRANSFER OF FUNDS FOR PURCHASE OF COMPUTER EQUIPMENT – PROBATION

WHEREAS, funds are provided in account no. 3140.409 in the 2001 Probation Department budget for training for the Prober Plus Computer System, and

WHEREAS, it is recommended by the New York State Division of Probation and Correctional Alternatives that before the Prober Plus System can be purchased, the department needs to become fully computerized with each officer to have a computer, and

WHEREAS, the Public Safety Committee has recommended that funds be transferred into the equipment account to accomplish the above.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $2,800.00 from Probation account no. 3140.409 to account no. 3140.207 for the purchase of two (2) computers and any necessary software.

VOTE: Passed 8-0.

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

RE: AUTHORIZE STIPEND REWARD FOR PERSONNEL ASSISTANT – CIVIL SERVICE/PERSONNEL - FAILED

WHEREAS, Penny Albert, Civil Service Clerk, was out on medical or personal leave for all of the year 2000 except from 9/5–11/15/00, and

WHEREAS, Schuyler County is required by Civil Service Law, Section 17 to administer the provisions of Civil Service Law with respect to the offices and employments in the classified service of the County and the civil divisions therein including school districts and the Personnel Officer shall have the power at the County’s expense to conduct examinations and establish eligible lists for any position within its jurisdiction, and

WHEREAS, the Personnel Assistant as designee of the Personnel Officer assumed responsibility for this mandated function in addition to her regular duties.

NOW, THEREFORE, BE IT RESOLVED, that Patricia Emery, Personnel Assistant, be approved for ten months of stipend reward in a minor function pro rated from the annual stipend of $3,333.00, provided in Resolution No. 434, from encumbered funds as authorized by Resolution No. 606-00, and

BE IT FURTHER RESOLVED, that Patricia Emery be commended for her commitment and loyalty to serving Schuyler County residents without disruption during this extended period.

DISCUSSION: Legislator Hastings said she will be voting no on Resolution No. 67 and Resolution No. 68. She feels other departments have problems and this was part of their job responsibility. Legislator Karius said she will also be voting no. She feels all other employees go above and beyond. Legislator Marvel made a motion to amend all three stipend resolutions to give them each $2,000. There was no second. Legislator Bleiler said he might even vote no on these resolutions because the Legislature agreed to more money in the first place, but he will vote yes. He feels changing the figure violates the plan they have now. If you were to look at the cost to the county to hire temporary people, it would have cost more. Legislator Young said she would be voting no if they had not followed up with Resolution No. 70 that indicates the Legislature has a problem and there is something wrong with the process. She feels in the process of bailing out one department, the county uses another employee in another department. Since they are rescinding the plan, she will vote yes on these stipends, but only because we are going to try to do better on this. Legislator Larison made a motion to table all three stipend resolutions in order to study them more and put the whole program together. There was no second. Legislator Bingell stated that these department heads applied for this stipend and have done their homework. She feels it is not in good faith to table them or not act on them at this time. Legislator Hastings stated that she is in no way saying they do not deserve it, but there are many employees that have had to work over and do double duty, like the county nurses. She can not see giving three individuals a reward.

VOTE: Failed 4-4. Noes: Hastings, Karius, Larison, Gifford.

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

RE: AUTHORIZE STIPEND REWARD FOR DEPUTY TREASURER – TREASURER’S OFFICE - FAILED

WHEREAS, Deputy Treasurer, Patricia Bilinski, has been providing the payroll administration for the past year due to a vacancy in the department, and

WHEREAS, the Treasurer has recommend her for the Stipend Reward Program and has met with the County Administrator and the Personnel Officer in regard to this matter.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the payment of a stipend in the amount of $3,333, provided for in Resolution No. 434-00, on the recommendation of the above committee, to be paid from encumbered funds as authorized by Resolution No. 606-00, in recognition of her devotion and commitment to the Department and the County.

VOTE: Failed 4-4. Noes: Hastings, Karius, Larison, Gifford.

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

RE: AUTHORIZE STIPEND REWARD FOR PURCHASING AGENT - FAILED

WHEREAS, the Purchasing Agent, Lisa Bennett, has performed additional financial services in the Public Health and Mental Health departments while the Director of Public Health has been working to fill the vacant Fiscal Accounting Specialist position.

NOW, THEREFORE, BE IT RESOLVED, that Lisa Bennett is approved to receive a $3,333 Stipend Reward, provided for in Resolution No. 434-00, from encumbered funds as authorized by Resolution No. 606-00, and

BE IT FURTHER RESOLVED, that Lisa Bennett be commended for her commitment to her former departments and Schuyler County in giving her time and efforts to maintain efficient service.

VOTE: Failed 4-4. Noes: Hastings, Karius, Larison, Gifford.

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

RE: RESCIND RESOLUTION NO. 434-00 WHICH ADOPTED A STIPEND REWARD PROGRAM FOR MANAGEMENT/CONFIDENTIAL EMPLOYEES

WHEREAS, Resolution No. 434-00 established a Stipend Reward Program for Management/Confidential Employees, and

WHEREAS, the Management & Finance Committee recommends that this policy be rescinded and that the County Administrator be directed to re-draft a stipend program for consideration.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 434-00 is hereby rescinded effective immediately. (This Resolution shall not affect any stipend reward previously approved.)

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

DISCUSSION: Legislator Hastings said there was a promise made to move the secretary from the Legislative office to the County Administrator’s office for six months to establish the office and still have that secretary work for Buildings and Grounds. She read in the paper this morning that the Legislature would be voting on the secretary position for the County Administrator’s office. All she could think of was the taxpayers and how much money the County Administrator’s office will eventually cost. She feels the legislators sit and make goals to cut, yet keep adding positions. She feels it is not fair to the Administrator to hire a brand new secretary off the street. It would be more logical to have an in-house employee. She would like to have the Personal Secretary in the Legislative office transfer to the County Administrator’s office for six months. Legislator Marvel said he would like to see the resolution state "on a temporary basis". That way if one of the employees in the Legislative Office wished to apply, they may. He is not sure that will happen. There seems to be a controversy on how to fill the position. He feels a temporary appointment would resolve the issue. He then offered an amendment to fill the Confidential Secretary to the County Administrator position on a six month temporary basis. The resolution would stay the same, shared with the County Attorney, but on a temporary basis. The position would then be posted for whomever to apply, a person can not be forced into the position. Legislator Bingell said she has been considering the concerns and she knows the County Administrator needs a secretary. She suggests tabling this issue until they can discuss it more. Jim Corl, County Administrator, said his needs are that of a certain receptionist or gatekeeper. He feels the County Attorney’s Office needs the utmost in confidentiality. When it comes to patchwork funding, it is a marriage of convenience. Legislator Hastings said there is already a resolution to pay the second Assistant County Attorney $5,000 for secretary help. The Clerk of the Legislature explained that that is for space, not secretarial help. County Attorney Coleman endorses Legislator Young’s remarks. His office is not looking for work. His workload increases every year. If there were some other way to do this and make the work go away and take themselves out of the state mandates, they would do it. The workload will not let them slow down. Legislator Hastings said she feels the County Administrator needs someone from the Legislative office. She does not feel this arrangement makes sense. Attorney Coleman said he does not disagree with the familiarity of someone with experience. He needs to keep his finger in the door to get some secretary help, however the situation evolves. His office is beginning to feel the impact now. If sharing of a position is what it takes, then he will share. Legislator Marvel feels this argument warrants changing the position to temporary for six months. Then in six months they should be able to tell how much work is coming from Social Services and how much from the Legislative office. He feels once the position is permanent, it is too hard to change. Legislator Bleiler stated that he believes a motion to table overrides a motion to amend. Attorney Coleman agreed that the priority is a motion to table. He also does not disagree with a temporary test run for six months, provided that during that six months someone helps his office.

Legislator Marvel asked if he could please convince everyone that it needs to be temporary. Legislator Hastings asked where the person would come from. Legislator Marvel explained that it should be advertised. Legislator Hastings feels the position in the Legislative office should be transferred to the County Administrator’s office. She can not support creating a new position. Legislator Larison stated that the county now has an additional Assistant County Attorney and she needs help. He feels they need to address the needs of the County Attorney’s office. Legislator Karius suggested that maybe the County Attorney needs to hire their own person and not share. Legislator Larison said this position was discussed at budget time, and wondered why we are trying to change it now. Legislator Hastings said she is hearing conflicting comments on who this person would be working for in the County Attorney’s office. She then asked why the second Assistant County Attorney was not contracted. She feels the county is growing and growing. She feels the County Administrator does not need a secretary shared with Social Services and does not need to worry about having someone that does not have experience. She stated that this is a promise the Legislature made to the public. The Clerk of the Legislature advised that the Legislature could not force a person to transfer.

Jim Corl said if he would make sure that person is busy at all times, even if it meant assigning work to the County Attorney’s office.

Legislator Marvel said he would still like to see the resolution amended to say temporary for six months and let the job be posted for applications. Legislator Bingell seconded it. She felt this way it would not take away from the Buildings and Grounds Department. Legislator Larison agreed to the motion because it would leave three employees in the Legislative office. He also stated that the Personal Secretary position in the Legislative office works for Buildings and Grounds 10 hours a week. He feels that issue is not being addressed at all. Legislator Marvel agreed, but we need to see what happens with this position. If the secretary transfers, then we deal with the Buildings and Grounds Department’s needs. If neither of the three employees in the Legislative office apply and someone is hired from the outside, then it is a mute point. He feels they need six months to sort this out. Legislator Young feels with the way this discussion is going, that it is going to put one of the esteemed county employees in a box. To her, temporary means nothing, and six months brings us to budget time. She said they need to resolve this issue. She would like to see all parties involved get together to discuss this in March.

Legislator Young made a motion to table this resolution, which was seconded by Legislator Bingell. Legislator Hastings feels it has been discussed with all parties and wished to vote on Legislator Marvel’s amendment. Legislator Bingell withdrew her second.

Legislator Larison asked if the County Administrator is seeking a position for a gatekeeper or more of a secretary. Jim Corl explained that he had to extract all legal requirements and references to the job description. The Civil Service Office in Albany indicated that the position could not report and be co-supervised by both offices. Legislator Larison expressed his concern about confidentiality. Bill Weiss, Commissioner of Social Services, said there are ways to approach that issue. Confidentiality extends to everyone even those in his department. The County Attorney and himself have discussed this and the County Administrator understands and is willing to give it a try. Legislator Bleiler said he can not believe anyone would apply for a temporary six month job. Legislator Marvel feels the position needs to be filled now. Legislator Hastings said she would rather see it tabled than amended. The County Administrator has a job to do, why burden him with this. He has a tremendous responsibility for the 2002 budget. To play games with his office is wrong. She will not support the amendment. Legislator Karius agrees with tabling it until they can talk more about it.

RESOLUTION NO. 71A Motion by Bingell, Second by Young.

RE: MOTION TO TABLE RESOLUTION NO. 71 - FAILED

BE IT RESOLVED, that Resolution No. 71 be tabled to hire said position on a temporary basis for six months.

VOTE: Failed 4-4. Noes: Marvel, Hastings, Karius, Gifford.

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

RE: MOTION TO AMEND RESOLUTION NO. 71 – FAILED

BE IT RESOLVED, that Resolution No. 71 be amended to transfer the Personal Secretary position in the Legislative Office to the County Administrator’s Office and share said position with the Buildings and Grounds Department for six months.

VOTE: Failed 2-6. Noes: Marvel, Bingell, Young, Bleiler, Larison, Gifford.

RESOLUTION NO. 71C Motion by Karius, Second by Young.

RE: MOTION TO TABLE RESOLUTION NO. 71

BE IT RESOLVED, that Resolution No. 71 be tabled for further discussion.

VOTE: Passed 5-3. Noes: Marvel, Bingell, Larison.

RESOLUTION NO. 71

RE: AUTHORIZE THE CREATION AND FILLING OF CONFIDENTIAL SECRETARY TO THE COUNTY ADMINISTRATOR POSITION – COUNTY ADMINISTRATOR’S OFFICE - TABLED

WHEREAS, the position of Confidential Secretary to the County Administrator has been created and funded in the approved County Budget for the year 2001 in County Administrator budget account no. 1230.100, and

WHEREAS, the need to proceed to fill this position necessitates all deliberate speed, and

WHEREAS, this position shall be shared with the County Attorney’s Office on an as "other duties assigned" basis.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the creation of Confidential Secretary to the County Administrator position to be incorporated into Grade Level B of the Management/Confidential Salary Plan, and authorizes the filling of same in accordance with established rules of the Schuyler County Personnel Office.

RESOLUTION NO. 72 Motion by Bingell, Second by Larison.

RE: APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF READING

WHEREAS, application has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) stating that a relevied school tax amount of $453.90 was incorrectly placed on the 2001 County/Town tax roll for parcel 53.20-2-5.2 in the Town of Reading, and

WHEREAS, the Real Property Tax Director has reviewed the application and has determined that this error constitutes a clerical error as defined in Section 550(2)(h) of the RPTL, and has recommended that the application be approved.

NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved and that the incorrect relevy amount of $453.90 for parcel 53.20-2-5.2 be removed from the tax roll, and

BE IT FURTHER RESOLVED, that the 2001 County/Town tax roll be corrected to reflect a tax due amount of $1107.30 for the above parcel, and that the warrant be adjusted accordingly, and

BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Town of Reading Clerk/Tax Collector.

VOTE: Passed 8-0.

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

RE: APPROVE REMOVAL OF PARCEL IN THE TOWN OF HECTOR FROM TAXABLE ROLL SECTION TO WHOLLY EXEMPT SECTION OF THE ROLL

WHEREAS, the County of Schuyler owns the following land located in the Town of Hector which was recorded in the County Clerk’s Office in Book 327, Page 233, on Sept. 29, 2000:

Tax Map Number County Tax Town Tax Fire Dist. Return School Adjust. to Warrant
54.-1-62.2 $ 15.59 $ 7.59 $ 2.79 $ 25.56 $ 51.53, and

WHEREAS, real property owned by the County shall be exempt from taxation.

NOW, THEREFORE, BE IT RESOLVED, that this parcel be removed from the taxable section of tax roll and that the County Treasurer charge this to the uncollectable account.

VOTE: Passed 8-0.

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

RE: DENY APPLICATION FOR CORRECTED TAX ROLL – TOWN OF TYRONE, TAX MAP #39.-1-48.111, MYERS

WHEREAS, the Real Property Tax Agency has received an application for correction of taxes for tax map number 39.-1-48.111 in the Town of Tyrone, for property owned by Harry and Naomi Myers, alleging that the Senior Exemption had been omitted from the roll, and

WHEREAS, the owners’ income is higher than the exemption income limit for the Town of Tyrone and Schuyler County, and

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

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to deny said application.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT WITH TIME WARNER CABLE FOR ROAD RUNNER SERVICE

WHEREAS, the County is in need of reliable Internet service in order to conduct day to day business, and

WHEREAS, the County has been informed that the New York State Health Information Network is going to discontinue Internet service for the County in the year 2002, and

WHEREAS, after evaluating present services available to Schuyler County, the most feasible and economical solution is to contract for Internet service through Time Warner Cable Road Runner Service.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute any contracts with Time Warner Cable Road Runner Service for Internet services for the county for a period of one year upon commencement with an installation fee of $172, and a monthly service fee of $413.95. All contracts with Time Warner Cable that directly involve Internet service shall be managed through Information Technology Services Department and with appropriated funds in account no. 1680.335 with costs charged back to using agencies as appropriate, and

BE IT FURTHER RESOLVED, that this contract is subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 76 Motion by Bingell, Second by Larison.

RE: AUTHORIZE AGREEMENT WITH FREED, MAXICK, SACHS & MURPHY, P.C. FOR 2000 AND RECOGNIZE NAME CHANGE FOR 2001 – PUBLIC HEALTH

WHEREAS, additional services have been added to the service agreement with Freed, Maxick, Sachs & Murphy, specifically for the 2000 Medicare PPS Analysis as approved by Resolution No. 359-00, and

WHEREAS, there is also a name change for Freed, Maxick, Sachs & Murphy, P.C., which will be effective for the 2001 agreement.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute an agreement with Freed, Maxick, Sachs and Murphy, P.C. in the amount of $11,150 for the preparation of the annual Medicare Cost Report, the annual Report of Certified Home Health Agency, Personal Care Report, and the Medicare PPS Analysis for the year 2000, funding available in the Public Health budget account no. 4010.468, subject to the review of the County Administrator and approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Legislature recognizes the name change from Freed, Maxick, Sachs, and Murphy, P.C. to McGladrey and Pullen or RSM McGladrey, Inc. in the 2001 Agreement and County Budget.

VOTE: Passed 8-0.

RESOLUTION NO. 77 Motion by Bingell, Second by Larison.

RE: AUTHORIZE AMENDMENT TO 2000 COUNTY BUDGET FOR ALCOHOLISM SERVICES PROGRAMS – MENTAL HEALTH

WHEREAS, the Office of Alcoholism and Substance Abuse Services has approved additional funding for the Finger Lakes Alcoholism Counseling and Referral Agency (FLACRA) and for The Council on Alcoholism and other Chemical Dependencies of the Finger Lakes, Inc., and following budget modifications are required.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes an amendment to the 2000 Agreements with Finger Lakes Alcoholism Counseling and Referral Agency (FLACRA) and the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc., subject to review of the County Administrator and approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2000 County budget accordingly as follows:

                        Revenue                                               4322-3490                   $ 3,477
                        FLACRA                                             4322.336                     $ 1,499
                        Council on Alcoholism                          4322.550                     $ 1,978

VOTE: Passed 8-0.

RESOLUTION NO. 78 Motion by Bingell, Second by Larison.

RE: AUTHORIZE AGREEMENT WITH SAVITHRI SATTI – MENTAL HEALTH

WHEREAS, previous service agreements with Savithri Satti also includes services to be provided by Venkata Satti, and

WHEREAS, Venkata Satti is no longer providing services, only Savithri Satti.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to sign a contract to be renewed annually with Savithri Satti, MD for psychiatric consultation services effective 1/1/2001 through 12/31/2001, in an amount not to exceed a total of $84,000, funding available in the 2001 Mental Health budget account no. 4310.435; subject to review of the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE OUT OF STATE TRAVEL – PUBLIC HEALTH

WHEREAS, as part of the New York State Association of County Health Officials (NYSACHO)’s 2000-2001 Immunization Action Plan (IAP) grant, the New York State Department of Health has allocated funding for NYSACHO to sponsor one person from each consortia county to attend the National Immunization Conference, which will be held in Atlanta, GA in July, 2001, and

WHEREAS, it is desirable for a nurse in our agency to attend the conference, and out of state travel requires legislative approval.

NOW, THEREFORE, BE IT RESOLVED, that Camelia Oswald be authorized to travel out of state to attend the aforementioned conference. There will be no additional cost to the County.

VOTE: Passed 8-0.

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

RE: AMEND 2001 COUNTY BUDGET – MENTAL HEALTH

WHEREAS, Schuyler County has been awarded a Coordinated Children’s Services Initiative (CCSI) grant in the amount of $10,000.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to amend the 2001 County Budget as follows:

            4310.435-4317            Contractual                   $ 960.00
            4310.440-4317            Travel                           $ 3,000.00
            4310.385-4317            Wraparound Funds       $ 6,040.00
            4310-3490-4317         State Aid                      $10,000.00

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT WITH PATHWAYS FOR PRESCHOOL PROGRAM SERVICES – PUBLIC HEALTH

WHEREAS, it is necessary to contract with Pathways for mandated preschool program services.

NOW, THEREFORE, BE IT RESOLVED, 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 a contract to be renewed annually with Pathways Inc. to provide services to preschool handicapped children under Section 4410 of the Education Law effective immediately through 6/30/2001, at rates set by New York State Education Department, funding available in the 2001 Public Health Budget, account number 2960.400; subject to the review of the County Administrator and the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 82 Motion by Bingell, Second by Young.

RE: RESOLUTION IN SUPPORT OF CONTINUING REVENUES GENERATED BY THE BATAVIA DOWNS WESTERN REGIONAL OFF-TRACK BETTING CORPORATION

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

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

WHEREAS, Western Regional Off-Track Betting Corporation (WROTBC) 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 Buffalo Trotting Association (BTA), the Erie County Agricultural Society (Ag Society), the Western New York Harness Horsemen’s Association (WNYHHA), have endorsed WROTBC’s efforts, and

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

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby go on record encouraging the efforts of WROTBC, BTA, the Ag Society and the WNYHHA to save the "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 this honorable body does hereby implore the New York State Legislature to enact suitable enabling legislation that will provide for WROTBC’s license under New York law to continue the tradition of harness horse racing at this Batavia landmark for the benefit of not only horse breeders and owners, and its patrons, but the community in general, and

BE IT FURTHER RESOLVED, that to insure a united front for this worthy cause, copies of this resolution be forwarded to Governor George E. Pataki, Senator John R. Kuhl, Jr., Assemblyman James Bacalles and WROTBC.

VOTE: Passed 8-0.

RESOLUTION NO. 83 Motion by Bingell, Second by Young.

RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2001-2002 AND RELATED CONTRACTS

WHEREAS, the Schuyler County Youth Bureau has prepared a Resource Allocation Plan for the year 2001-2002 and recommends approval thereof.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the Resource Allocation Plan and to execute all other documents pertinent to the operation of the Schuyler County Youth Bureau for the year 2001-2002 within budgeted allocations; subject to review by the County Administrator and approval of the Schuyler County Attorney, as follows:

                        Cornell Cooperative Extension/Schuyler County
                        CASA of Chemung/Schuyler County
                        Literacy Volunteers of the Central Southern Tier
                        Catholic Charities of the Southern Tier
                        Council on Alcoholism of the Finger Lakes Region

VOTE: Passed 8-0.

RESOLUTION NO. 84 Motion by Bingell, Second by Young.

RE: AUTHORIZE GRANT APPLICATIONS FOR THE EDUCATION OF SCHUYLER COUNTY YOUTH IN REGARDS TO TOBACCO - YOUTH BUREAU

WHEREAS, the Youth Bureau is interested in pursuing Southern Tier Tobacco Awareness Coalition (STTAC) grants that will help educate Schuyler County Youth about the implications of tobacco use, and

WHEREAS, one grant, which will provide between $500-$1,000 in funding, would be used to launch a public awareness campaign locally, using the local media and youth towards this purpose, actually expanding the understanding of the whole young community in Schuyler County, and

WHEREAS, another grant, which will provide between $10,000-$30,000 in funding, would begin with the Youth Bureau canvassing the local organizations/programs to see if they are already promoting tobacco abstinence through sports, or other activities giving the youth of our area a specific outlet. The Youth Bureau will then use the grant funds to assist programs already established or to implement new programs, and

WHEREAS, the projects for these grants must be implemented with one year of award and there is no local share involved.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant applications for STTAC funding and any subsequent contracts; subject to review of the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE EXTENSION OF INCREASED HOURS FOR THE ACCOUNT CLERK TYPIST POSITION – YOUTH BUREAU

WHEREAS, the Youth Bureau is requesting an increase in the hours of the Account Clerk Typist from 17 hours per week to 25 hours per week for the months of February and March, and

WHEREAS, there is a tremendous need for this increase in hours due to the work load, and

WHEREAS, there are funds available in the 2001 Youth Bureau budget for this increase.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize an increase in hours for the Account Clerk Typist position in the Youth Bureau from 17 hours per week to 25 hours per week, retroactive to February 1, 2001 through March 31, 2001, at which time these hours shall be reviewed.

DISCUSSION: Legislator Hastings said she would feel more comfortable if this resolution said "at which time these hours shall be discontinued". She made a motion to amend the resolution to reflect this change. Legislator Karius seconded the motion. Legislator Young said she wished to have the resolution remain the same. With a new Director, she is presently in the process of reviewing the department’s budget. This position may need to permanently be increased. That is why they wish to review it further. Legislator Hastings does not want this to continue. Legislator Young stated that review means review. Legislator Bleiler said it is just until March 31, 2001. Motion to amend was withdrawn by Legislator Hastings.

VOTE: Passed 8-0.

RESOLUTION NO. 86 Motion by Larison, Second by Young.

RE: AUTHORIZATION TO FILL THE SUPERVISOR, MOBILE WORK CREW POSITION – SOCIAL SERVICES

WHEREAS, the Mobile Work Crew (MWC) is a critical component of the Department’s Work Experience Program, and

WHEREAS, the position of Supervisor, Mobile Work Crew has been vacant since June 2000, and

WHEREAS, the Employment unit is being restructured to more accurately reflect the roles and responsibilities of the unit, with the result that the position of Assistant MWC Supervisor will be abolished and a new position of Employment/Training Coordinator will be created, and

WHEREAS, the position of Supervisor, MWC will be downgraded from Grade XXII to Grade XVI due to the removal of the requirement for two years of college with specialization in building construction trades.

NOW, THEREFORE, BE IT RESOLVED, that the position of Supervisor, Mobile Work Crew be filled at grade XVI ($9.76 per hour, using 1999 pay rates, for a 40 hour workweek subject to adjustment when an Agreement between management and the union is signed), funding being contained in the Social Services budget, account no. 6010.100.

DISCUSSION: Legislator Young explained that this needs to be done because of a deadline, they may lose grant funding. She feels this position should not be left at Grade 16. Bill Weiss, Commissioner of Social Services, said it is being downgraded because the two years of college requirement is being taken out of the job specification. Legislator Hastings agrees that it is a very important position in the county. Legislator Larison called for the question.

VOTE: Passed 7-1. No: Hastings.

RESOLUTION NO. 87 Motion by Marvel, Second by Bingell.

RE: AUTHORIZE THE RENEWAL AGREEMENT WITH FLACRA FOR CONGREGATE CARE LEVEL II – SOCIAL SERVICES

WHEREAS, the term of the original agreement with FLACRA for Congregate Care was July 1, 1999 through December 31, 2000 and

WHEREAS, the Department of Social Services wishes to renew the Congregate Care Agreement with FLACRA for a term from January 1, 2001 through December 31, 2001 with the same cost of the agreement not to exceed $1,800.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Finger Lakes Alcoholism Counseling and Referral Agency, (FLACRA) for the term January 1, 2001 through December 31, 2001, said services provided through TANF funding; subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 88 Motion by Marvel, Second by Bingell.

RE: AUTHORIZE AGREEMENT WITH OFA FOR ADMINISTRATION OF THE HEAP PROGRAM – SOCIAL SERVICES

WHEREAS, the HEAP funding is channeled through the Department of Social Services, and

WHEREAS, the Schuyler County Office for the Aging assists the Department of Social Services in administering the Heating Energy Assistance Program (HEAP) with the county’s elderly population and SSI clients, and

WHEREAS, the Office for the Aging has spent considerably more time in the past HEAP season, and will be spending more time in the 2000-2001 season with the revised income eligibility levels, and

WHEREAS, the Director of the Office for the Aging (OFA) and the Commissioner of Social Services recognizes the extra staff time involved and has come to a mutual agreement to increase the OFA share from $8,525 to $9,525.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Schuyler County Office for the Aging for the term of the HEAP season, January 1, 2001 through December 31, 2001, funding available in the Social Services budget account no. 6010.322, subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 89 Motion by Marvel, Second by Bingell.

RE: AUTHORIZATION FOR THE CHAIRMAN TO SIGN THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) - PROBATION

WHEREAS, this Legislature authorized the County of Schuyler to apply for and accept grant funds dealing with the juvenile population, a program which would make said segment accountable for their actions during the years 2001-2002, and

WHEREAS, the committee that was convened has now prepared the Grant and all appears to be in order, and the Public Safety & Criminal Justice Committee has approved the Grant and recommends the Chairman to sign.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the JAIBG Grant and submit the same to the New York State Division of Criminal Justice Services; subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 90 Motion by Bingell, Second by Marvel.

RE: APPROVAL OF ALTERNATIVES TO INCARCERATION PLAN 2001

WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the year 2001, and

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

NOW, THEREFORE, BE IT RESOLVED, that the year 2001 Criminal Justice Advisory Plan and Budget be hereby approved by the Schuyler County Legislature, and

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

VOTE: Passed 8-0.

RESOLUTION NO. 91 Motion by Bingell, Second by Marvel.

RE: AUTHORIZATION TO RENEW MEDICAL TRANSPORTATION AGREEMENT WITH SCHUYLER ARC – SOCIAL SERVICES

WHEREAS, the Department of Social Services provides medical transportation for recipients of Medicaid through Schuyler Arc, and

WHEREAS, the Department of Social Services wishes to renew the agreement for one year versus six months.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to renew the medical transportation agreement for the Department of Social Services with the above noted changes in the amount of $43,560, for the term January 1, 2001 through December 31, 2001, funding available in the 2001 budget account no. 6101.400; subject to the review of the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 92 Motion by Bingell, Second by Marvel.

RE: AUTHORIZE APPOINTMENTS TO THE LOCAL EMERGENCY PLANNING COMMISSION

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

Thomas Gifford – Elected Official (replaces Patricia Hastings)
Rick Churches – Firefighter (replaces Harold Parrish)
Tom Klaseus – Environmental (replaces James Howell)
Dr. Robert Marciniak – Hospital (replaces Dr. Andrew Michel)
Jeremy Boylan – Print Media (replaces Glenda Gephart)
Richard Pierce – Village Police Liaison (replaces Ralph Larson)
Robert Traver – US Salt (replaces Robert Beardsley)
Michael Strope – NYSEG (replaces Terry Horton)
Tom Carson – Shepard Niles (replaces Bob Klock)
Juan Rey – Cargill (replaces Richard Bills)
Gary Waldron – Texas Eastern
Wendy Shutter – EMS
James R. Faber, Jr. – State Police Liaison

VOTE: Passed 8-0.

RESOLUTION NO. 93 Motion by Marvel, Second by Bingell.

RE: AUTHORIZE APPOINTMENTS – SOIL AND WATER CONSERVATION BOARD OF DIRECTORS

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Soil and Water Conservation Board of Directors for the term January 1, 2001 through December 31, 2003:

Glenn R. Larison – Legislature
Doris L. Karius – Legislature
Doug Learn – Farm Bureau

VOTE: Passed 8-0.

RESOLUTION NO. 94 Motion by Marvel, Second by Bingell.

RE: AUTHORIZE INCREASE IN HOURS OF FISCAL ACCOUNTING SPECIALIST – MENTAL HEALTH

WHEREAS, there currently exists a half-time Fiscal Accounting Specialist position which is vacant in the Mental Health Department, and

WHEREAS, the fiscal accounting work in the Mental Health Department has continued to increase in volume and complexity and the current level of staff is inadequate to maintain regulatory compliance and program viability, and

WHEREAS, it is desirable to increase the Fiscal Accounting Specialist position from half-time to full-time in the Mental Health Department, and funding is available in the 2001 Mental Health Clinic budget.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the creation, advertising and filling of a full-time Fiscal Accounting Specialist position in the Mental Health Clinic, Grade XXVII, salary of $15.10 per hour, effective immediately, pending necessary approval of the Civil Service Department.

DISCUSSION: Legislator Hastings said she is voting yes on Resolution Nos. 94 and 95 to make sure the county receives its funds. She just hopes the need is really there for these two positions.

VOTE: Passed 8-0.

RESOLUTION NO. 95 Motion by Marvel, Second by Bingell.

RE: AUTHORIZE INCREASE IN HOURS OF FISCAL ACCOUNTING SPECIALIST – PUBLIC HEALTH

WHEREAS, there currently exists a half-time Fiscal Accounting Specialist position which is vacant in the Public Health Department, and

WHEREAS, the fiscal accounting work in the Public Health Department has continued to increase in volume and complexity and the current level of staff is inadequate to maintain regulatory compliance and program viability, and

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the creation, advertising and filling of a full-time Fiscal Accounting Specialist position in the Public Health Department, Grade XXVII, salary of $15.10 per hour, effective immediately, pending necessary approval of the Civil Service Department.

VOTE: Passed 8-0.

RESOLUTION NO. 96 Motion by Bingell, Second by Marvel.

RE: AUTHORIZE AGREEMENT FOR IN-KIND LEGAL SUPPORT – COUNTY ATTORNEY’S OFFICE

WHEREAS, Elizabeth A. Corley, J.D., is providing legal services to the County Attorney’s Office in her capacity as Second Assistant County Attorney, and

WHEREAS, efficient delivery of such services requires that the Second Assistant use the resources of her private law office in support thereof, and

WHEREAS, the office space being provided to this Second Assistant County Attorney will be primarily used for ad hoc meetings, work product storage being forwarded as a result of the closing of Mr. Coleman’s law office, and additional on-site immediate work needs, and

WHEREAS, the County Attorney’s Office budget for the year 2001 includes an approved line item to compensate for the use of such facilities in the amount of $5,000.

NOW, THEREFORE, BE IT RESOLVED, that the County Attorney’s Office will pay to Elizabeth A. Corley, J.D., the sum of $5,000 in equal monthly installments of $416.66 from January 1, 2001 through December 31, 2001, as and for a payment for in-kind legal support.

VOTE: Passed 7-1. No: Hastings.

RESOLUTION NO. 97 Motion by Bingell, Second by Marvel.

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. 98 Motion by Bingell, Second by Marvel.

RE: AUTHORIZE AMENDMENT TO RESOLUTION NO. 15-01 – AUTHORIZE CONTRACT WITH STEWART FIELD FOR INVESTIGATIVE SERVICES – DISTRICT ATTORNEY

WHEREAS, Resolution No.15-01 authorized the Legislative Chairman to increase the professional fee line item of the District Attorney budget for investigative services in the amount of $18,666.00 and to execute a contract with Stewart Field for investigative services to be provided to the District Attorney's Office, and

WHEREAS, the District Attorney has requested an amendment to said Resolution in that $18,250.00 should be included in the professional fee line item (1165.435) of the District Attorney budget for the year 2001 and not $18,666.00, all of which shall be funded fully be Aid to Prosecution grants, and

WHEREAS, the District Attorney has requested that the contract with Stewart Field for investigative services be amended to include total compensation in the amount of $8,083.37 to be paid according to the terms of paragraph number 6 of said contract, said increase to be fully funded by Aid to Prosecution grants from the New York State Division of Criminal Justices Services.

NOW, THEREFORE, BE IT RESOLVED, Resolution No. 15-01 be amended to read as follows:

"WHEREAS, there is currently a need for investigative services for the District Attorney as a result of an increase in felony prosecution in Schuyler County, and

WHEREAS, the District Attorney requests that the total compensation to Stewart Field shall be $8,083.37 to be paid according to paragraph number 6 of the contract.

VOTE: Passed 8-0.

RESOLUTION NO. 99 Motion by Bingell, Second by Marvel.

RE: AUTHORIZE AMENDMENT TO RESOLUTION NO. 580-00 – AUTHORIZE CONTRACT AMENDMENT WITH JOHN C.T. HAYES, ESQ. FOR LEGAL SERVICES – DISTRICT ATTORNEY – RESCINDED BY RESOLUTION NO. 178-01

WHEREAS, Resolution No. 580-00 authorized a contract amendment to increase the total annual payment to John C.T. Hayes, Esq. To $22,500.00, thereby increasing the monthly payments made under the contract to $1,875 per month beginning January 1, 2001, and

WHEREAS, the District Attorney has requested that the contract with John C.T. Hayes, Esq. be amended to include total annual compensation in the amount of $22,000.00, to be retroactive to November 1, 2000, payment of such to be made according to paragraph number 6 of said contract. Said increase to be fully funded by Aid to Prosecution Grants from the NYS Division of Criminal Justice Services.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 580-00 be amended to read as follows:

"WHEREAS, there is currently a contract for legal services between the District Attorney and John C.T. Hayes, Esq., with a term of January 1, 2000 through December 31, 2001, and

WHEREAS, the District Attorney has requested an increase in the total annual payment to John C.T. Hayes, Esq. to $22,000.00, retroactive to November 1, 2000, payment of such to be made according to paragraph number 6 of said contract. Said increase to be fully funded by Aid to Prosecution Grants from the NYS Division of Criminal Justice Services.

VOTE: Passed 8-0.

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

RE: AUTHORIZE TWO-YEAR APPOINTMENTS

FISH AND WILDLIFE MANAGEMENT BOARD

Dana Sgrecci – Landowner representative

PLANNING COMMISSION

Daniel Teed – Town of Dix
Tom Ryan – Town of Montour
Mary Huntley – Town of Tyrone
Linda Arcangeli – Village of Burdett
Chris Kimball-Peterson – Town of Hector
Judith Philips – Village of Watkins Glen
Loren Cornish – Town of Orange (to replace Walter Andrews)
Cindy Atwell – Tourism representative (to replace George Conway)

VOTE: Passed 8-0.

REPORT ON STANDING COMMITTEES:

Legislator Hastings reported on the Queen Catharine Trail. The work is being done now from South Genesee Street to Millport and is estimated to be completed by the end of 2001. The committee met with the Montour Falls Village Board to discuss the route through the Village. They are hoping to get some of the work done through the marsh this year, but apparently there are certain times of the year you can not disturb the marsh. Larson Engineers is designing the bridge for Millport across the highway and the Johnson Hollow Creek Road bridge. They are still planning on most of the trail being done by 2002 and completed in 2003. They are utilizing a Healthy Heart Grant to encourage the walk through the trail. The trail part that is finished is listed in the Chamber of Commerce brochure.

She also reported on the Public Safety/Criminal Justice Committee. On January 31, 2001 the CAST sub-committee met to discuss 17 year-olds, and how the schools and the county were going to coordinate finding placement for these young people. It was decided that the judge should be included in these meetings to help him understand the situation. Right now it is almost impossible to place these young people. We did learn that disruption in class is down and serious abuse against each other is greater, children being tardy is greater and a big problem. Of course drugs were discussed and of great concern. She also reported that on February 7, 2001 there was a Special Public Safety/Criminal Justice Committee meeting held to discuss the dog control contracts. There were two towns that did not sign the contracts because of its contents. Assistant County Attorney Morris is directed to draft a new written contract and send it to all town supervisors for their approval. She hopes that will be completed soon. On February 8, 2001 there was a meeting held in the court room of the county building to hear a presentation by the Finger Lakes Drug Court from Canandaigua County Court. It was very well received by most of those who attended. She passed out a brochure. On February 22, 2001 the Public Safety/Criminal Justice Committee will have a discussion at the beginning of the meeting to discuss drugs in the schools. She has invited Watkins Glen and Odessa-Montour school officials to attend along with law enforcement officials to have a round-table discussion on what we are doing in Schuyler County and to express any problems we feel exist. We can not and certainly hope not to allow drug dealers to think this county will tolerate them. The Public Defender did write her a letter because he will be out of town. He wrote "I have long felt that the drug and alcohol problem in this county, specifically the way it impacts the criminal justice system, has been growing significantly, and in my opinion, is a material contributory factor in the large majority of cases I am handling as Public Defender. We are seeing heroin, cocaine and crack cocaine users plus methamphetamine and LSD". He did go on to say he was very interested in the drug court and that we should take a serious look at it. She also reported that at the Deputy Sheriff’s Association Banquet in January there were a number of awards given for the year 2000. William Yessman and Michael Pierce both received an award for 15 years of service. Janice Tamberelli and William Ward both received an award for perfect attendance. Lawrence States received an honorable service award. Mathew Maloney received a medal of honor award. Michael Notarfonzo and William Preston both received the exceptional duty award and Andrew Zeigler received Deputy of the Year award. Mr. Dennis Cook received the 2000 Citizen’s Certificate of Appreciation for a Seneca Lake water rescue which he performed on August 25, 2000 at the public fishing pier in Watkins Glen. She also discussed some perks for volunteer firefighters. She explained that the committee sent a copy of Coordinator Bill Randolph’s request to the Legislature to the towns for input and as of today, no one has responded. One fireman felt the incentives were a good idea, especially mileage reimbursement. One mentioned that Canada pays their volunteers to go to fires and EMS calls as an incentive. Also, volunteers in Florida get $7.50 a call. The committee did receive a letter from the Secretary of State Alexander Treadwell that the Governor has allocated three million dollars for payment to reimburse training costs.

Legislator Larison requested that the Chairman of the Legislature write a letter of support to Martha Twarkins at the Finger Lakes National Forest in regards to a plan for Caywood point. The Friends of the Finger Lakes National Forest, Inc. are applying for a grant to fund a feasibility study for an interpretive center at Caywood Point Park.

MOTION by Legislator Larison to have the Chairman write said letter, SECOND by Legislator Hastings. Motion carried eight ayes to zero noes.

Legislator Larison also reported on the Public Works Committee. He said Odessa Hill will be opening in a couple of months. He explained that trucks will be able to pull in a turn off and if they are unable to go down the hill, they may turn around and return the way they came. He has been told the work will be done by April and open the first of May. He also reported that he is doing his best to see that the county continues to receive CHIPS funding.

Legislator Marvel reported on the Community Development & Natural Resources committee. The committee has asked that he create a sub-committee to discuss an electric cooperative alliance. He has started

creating the committee. They have not scheduled their first meeting yet. Currently there are seven members consisting of legislators, business people, SCOPED and the County Administrator. He hopes to have a recommendation in a month or so. If the county does this, it could save money for the residents of Schuyler County, the schools and businesses that are outside the Village of Watkins Glen. Legislator Karius suggested that there be a farmer on the committee. She will recommend a name to Legislator Marvel.

Legislator Bingell reported on the Health Services Committee. February is Healthy Heart Month. Public Health is having free Blood Pressure and Cholesterol Screenings throughout the county, including all four Office for the Aging nutrition sites. Letters were sent to businesses within the county and four business work sites responded. On Tuesday mornings from 8:00 a.m. to 12:00 p.m. the public is welcome to stop by for screenings at the Public Health Office. March is Colorectal Awareness Month. Public Health is offering free colorectal kits and information at multiple sites that will be advertised in the newspapers. Also coming with us to these screenings will be Cornell Cooperative Extension, offering free radon testing kits. She also reported that Public Health has been awarded a mini-grant from the Wellness Council of the Southern Tier, a joint multi-agency initiative, with Schuyler and Steuben Counties, to work with the Chamber of Commerce to create maps of walking trails in Schuyler County. Also, Schuyler County has been awarded a Coordinated Children’s Services Initiative (CCSI) grant in the amount of $10,000, to coordinate services among the agencies that serve children. These agencies include Mental Health, as the lead agency, Social Services, Probation, Youth Bureau, Schools, Alcohol Clinic, and Cooperative Extension.

NEW BUSINESS: None.

UNFINISHED BUSINESS: None.

PUBLIC PARTICIPATION:

Tom Ryan asked the Legislature how much it costs to train a Deputy Sheriff in the Sheriff’s Department. Legislator Bleiler believes to hire a new Deputy and put them through school is close to $40,000. Tom said they come to Schuyler County, get the training and then leave to go to another county or agency. He feels the county needs to raise their salaries. He recommended that Legislator Hastings discuss this in her Public Safety/Criminal Justice Committee. Legislator Hastings stated that this county also receives Deputies from other counties. She does not feel money is always the motive for employees leaving Schuyler County employment.

MOTION by Legislator Bleiler to go into executive session to discuss employee work history, SECOND by Legislator Marvel. Motion carried eight ayes to zero noes.

MOTION by Legislator Bingell to come out of executive session, SECOND by Chairman Gifford. Motion carried eight ayes to zero noes.

The Meeting adjourned at 9:10 P.M.

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

SPECIAL MEETING
FEBRUARY 22, 2001

The February 22, 2001 Special Meeting of the Schuyler County Legislature was called to order at 9:05 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator Corl were also present.

PUBLIC PARTICIPATION: None.

Chairman Gifford said the New York State Economic Development Corporation is suggesting the Legislature write a letter to our local representatives, Assemblyman Bacalles and Senator Kuhl. He explained that the letter is to encourage other counties to pass a resolution, such as ours on creating an Economic Development Zone.

MOTION by Legislator Bingell to have all eight legislators sign these letters mentioned above, SECOND by Legislator Larison. Motion carried eight ayes to zero noes.

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

RE: RATIFICATION OF SPECIAL MEETING

1. Approval and Ratification of Collective Bargaining Agreement Covering Employees in the Schuyler County Administrative Unit.

VOTE: Passed 8-0.

RESOLUTION NO. 102 Motion by Larison, Second by Marvel.

RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY ADMINISTRATIVE UNIT

WHEREAS, representatives of the County have engaged in Collective Bargaining with the Civil Service Employees Association, Inc. for employees in the Schuyler County Administrative Unit, and

WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar year 2000 was reached with respect to employees in the Schuyler County Administrative Unit, and

WHEREAS, the President of the Administrative Unit CSEA has verbally confirmed on February 21, 2001 that the agreement has been duly ratified by the employees of the aforesaid bargaining unit; subject to written confirmation.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby ratify and approve of the terms and contents of said collective bargaining agreement between the County of Schuyler and the Schuyler County Administrative Unit, and

BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute the aforementioned agreement.

VOTE: Passed 8-0.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 9:26 a.m.

Stacy B. Husted, Deputy Clerk

REGULAR MEETING
MARCH 12, 2001

The March 12, 2001 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 and County Administrator Corl were also present.

PUBLIC PARTICIPATION:

Casey Creamer commented on Resolution No. 130. He said there are salt storage facilities all over the state, why hire an engineer to design another one. Legislator Larison explained that the county is going to have to bond for this project and the bond counsel will require a particular design. Casey suggested drawing up a design and then have an engineer put their stamp on it.

Sue Brill referred to Resolution No. 135 and stated that the Department of Social Services has been without this position for nine months now. She feels this newly created position of Employment Training Coordinator will not meet the department’s needs. She is asking the Legislature to think twice about a position that will not meet the needs.

Tammy Brown, CSEA Union President, asked if someone could explain Resolution No. 136. Legislator Hastings said she is the sponsor of the resolution and would like to explain it. She stated that this is a direction to give the full Legislature to act on any positions. The year 2002 looks like a big financial concern for the Legislature. If she were to vote on a position in a department that was necessary, she would want that department head to scrutinize their budget. She would also ask that if someone retires or leaves, unless it is needed, they not fill that position. Everyone is aware of the cost of benefits and the cost to the county for an employee. She feels that needs to be watched very carefully. Currently there are some positions that can be filled through committee approval and not have to go to the full Legislature. She may not have the opportunity to tell that department head not to fill it or share input. She feels when constraints are tight in the county and there is a responsibility of the Legislature to pass a decent budget, this will give them the opportunity to look at all hires. Beverly Clickner asked if the legislators would be going to all departments to see if the job needs to be filled. Legislator Hastings said that is the County Administrator’s job. Beverly asked if the Administrator is going to know all of the jobs. Jim Corl said this directive is for budgetary purposes. Beverly stated that there are state mandates, and work that has to be done. If they can not meet state mandates, the county may have a bigger budgetary problem. There could be lawsuits and thousands of dollars lost. She feels the whole picture needs to be looked at in more ways than one. She asked the Legislature to look at all of the employees under stress that are being asked to do the impossible. Legislator Hastings said this resolution does not say anything about layoffs. Beverly said she is not referring to layoffs. There are employees already doing the maximum amount of work. Barbara Schriefer feels there are other ways to cut the budget, not just through hiring. She does feel that this county has a lot to offer its citizens, for example the Department of Motor Vehicles or taking care of the homeless or juveniles. She asked what kind of trade off the Legislature is looking at? Employees can only do so much. She feels it is not a proper budgetary proposal. Casey Creamer said he is not reading that the Legislature is not going to hire people, it gives them the ability and authority to hire.

RESOLUTION NO. 103 Motion by Larison, Second by Bingell.

RE: APPROVE MINUTES OF THE JANUARY 18, 2001 SPECIAL MEETING, JANUARY 30, 2001 SPECIAL MEETING, FEBRUARY 14, 2001 REGULAR MEETING AND FEBRUARY 22, 2001 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the January 18, 2001 Special Meeting, January 30, 2001 Special Meeting, February 14, 2001 Regular Meeting and February 22, 2001 Special Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 8-0.

RESOLUTION NO. 104 Motion by Bingell, Second by Bleiler.

RE: RESCIND RESOLUTION NO. 462-00 REQUESTING CORNELL UNIVERSITY RECONSIDER NEW EDUCATIONAL REQUIREMENTS FOR COOPERATIVE EXTENSION AGENTS PURSUANT TO SECTION 152 OF THE COUNTY LAW

WHEREAS, Resolution No. 462-00 requests Cornell University reconsider new educational requirements for Cooperative Extension Agents, and

WHEREAS, the Cornell Cooperative Extension office in Schuyler County is concerned over this issue and recommends the Legislature rescind Resolution No. 462-00.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 462-00 be hereby rescinded.

DISCUSSION: Legislator Young said she had a discussion with Charles Fausold, Director of the Cornell Cooperative Extension of Schuyler County, about this issue. He has expressed that people with a Masters degree have better skills. She feels if someone receives a Masters degree in 1991 and there is no program to upgrade them in the meantime, it is worthless. She would like to see a constant renewal of all staff, because she feels it is necessary for intellectual development. Legislator Larison stated that all of his colleagues voted yes on this at an Inter-county Association meeting. He has a problem voting it down because the county picks up the cost of Cornell Cooperative Extension’s new hires.

VOTE: Passed 7-1. No: Larison.

RESOLUTION NO. 105 Motion by Bingell, Second by Bleiler.

RE: RESOLUTION SUPPORTING FUNDING FOR I-86 PURSUANT TO THE GOVERNOR’S 2001-2002 NEW YORK STATE BUDGET

WHEREAS, all of the various communities and residents of the State of New York receive significant economic, mobility and community benefits arising out of the maintenance and upgrading of the transportation system within the State, and

WHEREAS, the Governor has proposed funding in the amount of $400 million over a four-year period for work on Interstate 86 (I-86) to replace money earmarked as I-86 projects included in the defeated Transportation Infrastructure Bond Act of 2000 (Bond Act), and

WHEREAS, the I-86 Economic Development Benefits Study projects that the conversion of New York State Route 17 (Route 17) to I-86, if completed in a timely manner, will result in a $3.2 billion direct economic benefit to the Southern TierHudson Valley and New York State economies, and

WHEREAS, the allocation of transportation funding for the I-86 project activities in the budget proposal of the Governor would preserve the time schedule suggested in the New York State Department of Transportation's five-year work program, which was developed in anticipation of the Bond Act funding.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby express its support for the Governor's proposal to continue upgrading Route 17 to I-86 by providing funding in the amount of $400 million over a four-year period beginning with the 2001-2002 New York State Budget, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby authorized and directed to forward a certified copy of this resolution to Governor George E. Pataki, Senate Temporary President and Majority Leader Joseph L. Bruno, Speaker of the Assembly Sheldon Silver, Senator John R. Kuhl, Jr., Assembly Minority Leader Pro Tempore George H. Winner, Jr., Transportation Commissioner Joseph H. Boardman, Senate Transportation Committee Chairman Caesar Trunzo, Assembly Standing Committee on Transportation Chairman David Gantt and the New York State Association of Counties.

VOTE: Passed 8-0.

RESOLUTION NO. 106 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZE CONTRACT RENEWAL WITH GROUP INSURANCE ADMINISTRATIVE SERVICE

WHEREAS, it is the recommendation of the Management & Finance Committee that the agreement with Group Insurance Administration Service be renewed in order to continue assisting with health insurance issues.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract renewal with Group Insurance Administration Service for a term of three months beginning on April 1, 2001 at an hourly fee of $90, billable in minimum increments of six minutes against a minimum charge of $4,500, funding available in the 2001 budget, Legislative account no. 1010.435; subject to review by the County Administrator and approval of the Schuyler County Attorney.

DISCUSSION: Legislator Hastings said she will be voting no on this Resolution. The county paid Orville Boden to do a job and it is done. She feels it is up to the Personnel Officer and the County Administrator to take over now. She can not support this extra expense. Legislator Larison agreed that this is a job for the Administrator. He can not support this Resolution either. Legislator Young said she is concerned about the word minimum charge. Legislator Bleiler explained the county will pay by the hour for a number of hours, with a minimum amount of $4,500. The county used his services a lot last year. He provides information and answers that no one else can, such as an Administrator. Given the rates the county pays and the benefits, we need to know what would be the effect if the county raises its rates. Only people who study health insurance can give us those answers. The Administrator talked to Mr. Boden and came up with either an hourly rate or a lump sum amount for a year. He feels it is best to go with an hourly rate. He hopes he will not be needed for a whole year. He figures they could save approximately $3,000. Legislator Marvel said he was in favor of providing expert help, and feels an hourly rate will minimize the cost. However, the $4,500 minimum bothers him. This expertise is important for the negotiating team when looking at insurance proposals so he will vote yes on this Resolution. Jim Corl feels it would be more beneficial to have an unbiased individual who is not a county employee to provide this analysis.

VOTE: Passed 5-3. Noes: Hastings, Karius, Larison.

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

RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES

WHEREAS, the Management/Confidential Salary Plan states that the salary ranges may be increased each year by the Cost of Living Adjustment (COLA), and

WHEREAS, the COLA for the year 2001 was determined to be 3.2%.

NOW, THEREFORE, BE IT RESOLVED, that the Factor Rating System and Salary Ranges chart shall be amended to reflect this change as per attached chart.

FACTOR RATING SYSTEM
AND SALARY RANGES

POINTS                                              GRADE                      MIN                MID                MAX______
951 -- 1025                                         L                                  54,490             62,436             70,382
876 -- 950                                           K                                 49,949             57,895             65,842
801 -- 875                                           J                                   45,408             53,354             61,301
726 -- 800                                           I                                   40,867             48,814             56,760
651 -- 725                                           H                                 36,326             43,705             51,084
576 -- 650                                           G                                 32,921             40,867             48,814
501 -- 575                                           F                                  30,650             38,029             45,408
426 -- 500                                           E                                  28,380             35,191             42,002
351 -- 425                                           D                                 26,110             32,353             38,597
276 -- 350                                           C                                 23,839             29,515             35,191
202 -- 275                                           B                                  21,569             27,245             32,921
0 -- 201                                               A                                 19,298             24,974             30,650

DISCUSSION: Legislator Young asked if this represents an increase in the budget for 2002. Jim Corl said he could not answer that question. Legislator Bleiler stated it is the Legislature’s option to do this each year. The plan provides for an increase of COLA to keep the salary ranges increasing. In 2002 they may have to add another 3% or so. Legislator Marvel said this applies to salary grades and new hires only as far as this year is concerned.

VOTE: Passed 8-0.

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

RE: AUTHORIZE TRANSFER OF FUNDS TO TOWN OF HECTOR FOR THE SALE OF TIMBER ON FEDERALLY OWNED ENTITLEMENT LAND

WHEREAS, the Schuyler County Treasurer has received $5,739.58 in revenues from the sale of timber on federally owned entitlement land in the Town of Hector, and

WHEREAS, in accordance with the provisions set forth in Section 500 of Title 16, United States Code, these funds must be used for the benefit of public schools or public roads, and

WHEREAS, this income is normally used by the Town of Hector for road maintenance in the Hector Land Use Area.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $5,739.58 to the Town of Hector for road maintenance in the Hector Land Use Area.

VOTE: Passed 8-0.

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

RE: AUTHORIZE TRANSFER OF FUNDS FOR COMPUTER EQUIPMENT – STOP DWI

WHEREAS, the Sheriff’s Department Stop DWI budget was approved to include $3,300 for computer equipment, which was erroneously placed in account no. 3315.540 instead of account no. 3315.271.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the amount of $3,300 from Stop DWI account no. 3315.540 to account no. 3315.271.

VOTE: Passed 8-0.

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

RE: AUTHORIZE TRANSFER FROM RESERVE FOR COMPUTER EQUIPMENT – STOP DWI

WHEREAS, when the 2001 budget was printed there was $8,500 inadvertently left out of equipment account no. 3315.271 which is to be used for the purchase of alco sensors, radar and video equipment, and

WHEREAS, the budget approved by the State of New York was for $73,507 and the County budget shows $65,007, and

WHEREAS, the $8,500 is in the DWI reserve account, and

WHEREAS, there is no direct cost to the taxpayers for this program.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the amount of $8,500 from the Stop DWI reserve account to Stop DWI account no. 3315.271.

VOTE: Passed 8-0.

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

RE: RESOLUTION TO APPROVE APPLICATION FOR REFUND OF REAL PROPERTY TAXES –TOWN OF READING, TAX MAP # 43.7-1-8.2

WHEREAS, an application for a refund of 2001 real property taxes was made in accordance with Section 550 of the Real Property Tax Law (RPTL) stating that a cottage which no longer exists was incorrectly retained on the 2001 County/Town tax roll for parcel 43.7-1-8.2, owned by Nancy Loughlin, in the Town of Reading, and

WHEREAS, the Real Property Tax Director has reviewed the application and has determined that this error constitutes an error in essential fact as defined in Section 550(3)(a) of the RPTL, and has recommended that the application be approved.

NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved and that the 2001 tax roll be corrected, and that the County Treasurer be hereby directed to issue a refund in the amount of $174.42, and

BE IT FURTHER RESOLVED, that the County Treasurer charge the Reserve for Uncollectible Taxes for $132.58, the Town of Reading for $32.20, and $9.64 for the Reading Fire District, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to the Town of Reading Clerk/Collector.

VOTE: Passed 8-0.

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

RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL - VOLLMER

WHEREAS, application has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) stating that a duplicate entry was incorrectly placed on the 2001 County/Town tax roll as parcel 50.-1-50.1, Town of Tyrone, and

WHEREAS, the Real Property Tax Director has reviewed the application and has determined that this error constitutes a clerical error, as defined in Section 550(2)(f) of the RPTL, and has recommended that the application be approved.

NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved and that the incorrect amount of $55.52 for parcel 50.-1-50.1 be removed from the tax roll, and

BE IT FURTHER RESOLVED, that the 2001 County/Town tax roll be corrected and that the warrant be adjusted accordingly, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to the Town of Tyrone Clerk/Collector.

VOTE: Passed 8-0.

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

RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – VERIZON

WHEREAS, application has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) stating that a relevied school tax amount of $4,067.62 was incorrectly placed on the 2001 County/Town tax roll for parcel 555.601-6000-1, Town of Orange, and

WHEREAS, the Real Property Tax Director has reviewed the application and has determined that this error constitutes a clerical error as defined in Section 550 (2)(h) of the RPTL, and has recommended that the application be approved.

NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved and that the incorrect relevy amount of $4,067.62 for parcel 555.601-6000-1 be removed from the tax roll, and

BE IT FURTHER RESOLVED, that the 2001 County/Town tax roll be corrected to reflect a tax due amount of $6783.47, for the above parcel, which includes the correct relevied school tax amount of $3634.51, pending confirmation from the Schuyler County Treasurer, and that the warrant be adjusted accordingly, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent the Town of Orange Clerk/Tax Collector.

VOTE: Passed 8-0.

RESOLUTION NO. 114 Motion by Bingell, Second by Young.

RE: AMEND RESOLUTION 408-00/AUTHORIZE CREATION AND FILLING OF TWO SUPPORTIVE CASE MANAGERS – MENTAL HEALTH

WHEREAS, Resolution No. 408-00 authorized the creation and filling of two Supportive Case Managers in the Mental Health Department at Grade Level XXV, and

WHEREAS, it is the recommendation of the Director of Community Services/Public Health that this position be placed in Grade Level XXVI.

NOW, THEREFORE, BE IT RESOLVED, that Resolution 408-00 be amended to place the Supportive Case Manager title at Grade XXVI, $15.02 per hour.

VOTE: Passed 8-0.

RESOLUTION NO. 115 Motion by Bingell, Second by Young.

RE: AUTHORIZE CREATION AND FILLING OF MEDICAL SOCIAL WORKER POSITION - PUBLIC HEALTH

WHEREAS, there is a need for additional medical social worker services, and

WHEREAS, the existing Medical Social Worker is out on disability due to an injury, and it is unknown how long this will continue.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the creation, advertising and filling of a Medical Social Worker position in the Public Health Department, Grade XXVIII, salary of $17.08 per hour, to be filled on a per diem basis, effective immediately, pending necessary approval of the Civil Service Department; funding for said position is available in the 2001 County Budget.

VOTE: Passed 7-1. No: Marvel.

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

RE: AUTHORIZE FILLING OF PUBLIC HEALTH EDUCATOR POSITION WITH OPTIONS - PUBLIC HEALTH

WHEREAS, the Public Health Department is in need of additional nursing staff, and

WHEREAS, the Public Health Educator position is currently vacant, the Public Health Educator duties being performed by the Registered Professional Nurses, as permitted by applicable rules and regulations, and

WHEREAS, it would be desirable to have the option to replace the vacant Public Health Educator with either a Public Health Educator or a Registered Professional Nurse or a Public Health Nurse, depending on availability, qualifications and experience.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the advertising and filling of the Public Health Educator vacancy in the Public Health/Home Health Department with either a Public Health Educator, Grade XXV, Salary of $14.54 per hour, Registered Professional Nurse, Grade XXIII, Salary $13.94 per hour, or a Public Health Nurse, Grade XXVII, Salary $15.70 per hour, depending on availability, qualifications, and experience, effective immediately, pending necessary approval of the Civil Service Department, and

BE IT FURTHER RESOLVED, that it is understood that only one position will fill the existing vacancy and is funded in the 2001 approved County Budget.

VOTE: Passed 7-1. No: Marvel.

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

RE: AUTHORIZE AGREEMENT WITH 3M FOR HOME CARE MANAGEMENT SYSTEM SOFTWARE AND SUPPORT - PUBLIC HEALTH

WHEREAS, the Public Health Agency is using the 3M Home Care Management System for billing and medical records, and

WHEREAS, the agreement is due for renewal 2/28/01, and funding is available in the 2001 County Budget.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to renew the monthly support payments in an amount not to exceed $805.00 to 3M, for the Home Care Management System Software and Support for the Public Health Department, which includes support for the Home Care Billing Program, Scheduler, Clinical Documentation for Clerical, and Clinical Documentation for Point of Care, for the term March 1, 2001 through December 31, 2001 to be renewed annually; funding available in Public Health account no. 4010.532; subject to the review of the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE AGREEMENT WITH SCHUYLER HOSPITAL - PUBLIC HEALTH

WHEREAS, the Public Health Agency contracts with Schuyler Hospital for a variety of services, including nursing, home health aides, and therapy services, and

WHEREAS, it is more manageable to consolidate individual agreements into one agreement, with the following rates reflected:

Additional Overtime Rate
            PCA                                                                            $12.75 per hour                       $5.00
            Home Health Aide                                                        $13.50 per hour                       $5.00
            LPN                                                                             $21.25 per hour                       $6.50
            RN                                                                               $26.25 per hour                       $9.50
            RN High Tech                                                              $32.50 per hour
            Physical Therapy                                                          $42.00 per hour
            Occupational Therapy                                                   $42.00 per hour
            Speech Therapy                                                           $42.00 per hour
            Paraffin Bath                                                                 $60.50 per treatment
            Small Whirlpool                                                            $60.50 per treatment
            Large Whirlpool                                                           $70.00 per treatment
           Contrast Baths                                                               $37.00 / 15 minutes
           Prosthetic Training                                                         $39.50 / 15 minutes
           Splint Fabrication                                                           $39.50 / 15 minutes
           Removal of Devitalized Tissue                                        $79.50 / 15 minutes
          Therapeutic Exercises Requiring Large Equipment           $39.50 / 15 minutes, and

WHEREAS, the only change in rates is for the nursing services, which are increasing from $25.00 per hour to $26.25 per hour, and the addition of overtime pay which must be pre-approved by the Director of Public Health or his Designee. These are budgeted in the 2001 County Budget.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute an agreement with Schuyler Hospital for the term January 1, 2001 through December 31, 2001, for a variety of services, including nursing, home health aides, and therapy services, with the only rate change being an increase in nursing services to $26.25 per hour and the addition of overtime pay which must be pre-approved by the Director of Public Health or his Designee; funding available in the 2001 County Budget, account no. 4010.490; subject to review by the County Administrator and approval of the Schuyler County Attorney.

DISCUSSION: Legislator Larison asked why the county uses the hospital for so many services. Duane Spilde, Director of Public Health, said there are not a lot of positions in the county that can provide these services. The county has been doing this for years. Chairman Gifford said it is more cost effective to contract on an hourly rate basis than to keep an employee on payroll.

VOTE: Passed 8-0.

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

RE: AUTHORIZE AGREEMENT WITH GRETCHEN ANN JACOBS AS A SERVICE PROVIDER IN THE EARLY INTERVENTION PROGRAM AND RESCIND RESOLUTION NO. 228-00

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

WHEREAS, Resolution No. 228-00 previously authorized an agreement with Gretchen Ann Jacobs which needs total revision and needs to be rescinded.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health and Chairman of the Legislature be hereby authorized to execute an ongoing contract with Gretchan Ann Jacobs, to be a service provider in the Early Intervention Program, effective June 1, 2000, at rates set by the New York State Department of Health, funding in the 2001 County budget account no. 4054.400; subject to review of the County Administrator and approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that Resolution No. 228-00 be hereby rescinded.

VOTE: Passed 8-0.

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

RE: AUTHORIZE FILLING THE HEALTH INFORMATION TECHNICIAN POSITION - PUBLIC HEALTH/MENTAL HEALTH

WHEREAS, the Public Health Agency and the Mental Health Clinic have a vacant Health Information Technician position which has not been filled in over 90 days.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the Director of Community Services/Public Health to fill the Health Information Technician position, Grade XXI, $12.64 per hour, in the Public Health Agency and the Mental Health Clinic, effective immediately; funding available in the year 2001 budget.

VOTE: Passed 8-0.

RESOLUTION NO. 121 Motion by Larison, Second by Bingell.

RE: AMEND IMMUNIZATION GRANT BUDGET – PUBLIC HEALTH

BE IT RESOLVED, that the 1999-2001 Immunization Grant budget be amended as follows:

+2,500 4010.200-4064 Equipment
-2,500 4010.400-4064 Contractual Expense

VOTE: Passed 8-0.

RESOLUTION NO. 122 Motion by Marvel, Second by Bingell.

RE: ESTABLISH 2001–2002 IMMUNIZATION GRANT BUDGET – PUBLIC HEALTH

WHEREAS, Schuyler County's new immunization grant is expected to be $18,000 from April 1, 2001 through March 31, 2002.

NOW, THEREFORE, BE IT RESOLVED, that the 2001-2002 Immunization Grant budget be established as follows:

            $11,039                      4010.100-4074            Personnel
            $3,000                         4010.400-4074            Contractual Expense
            $3,961                         4010.489-4074            Fringe Benefits

$18,000 TOTAL EXPENSES

$18,000 4010-3401-4074 Grant Revenue

VOTE: Passed 8-0.

RESOLUTION NO. 123 Motion by Marvel, Second by Bingell.

RE: AUTHORIZE APPROVAL OF THE LEAD POISONING PREVENTION PROGRAM 2001-2002 - PUBLIC HEALTH

WHEREAS, the Department of Health has awarded $25,000 to Schuyler County Public Health Agency for the continuation of the Lead Program for the period April 1, 2001 through March 31, 2002.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Director of Public Health are hereby authorized to execute an agreement with the New York State Department of Health for the Childhood Lead Poisoning Prevention Program Grant for the period April 1, 2001 through March 31, 2002, in the amount of $25,000; subject to review by the County Administrator and approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the 2001-2002 budget be established as follows:

            $14,120.00      to account no. 4010.100-4082 - Personal Service
            4,000.00          to account no. 4010.200-4082 - Equipment
            1,000.00          to account no. 4010.400-4082 - Supplies
            4,880.00          to account no. 4010.489-4082 - Fringe Benefits
            1,000.00          to account no. 4010.579-4082 - Lead Testing

25,000.00 TOTAL EXPENSES

25,000.00 to grant revenue account no. 4010-4401-4082

VOTE: Passed 8-0.

RESOLUTION NO. 124 Motion by Marvel, Second by Bingell.

RE: AUTHORIZE CONTRACT RENEWAL WITH PRISCILLA SMITH FOR PRESCHOOL SEIT SPECIAL EDUCATION SERVICES

BE IT RESOLVED, that the Chairman of the Legislature and the Director of Public Health be hereby authorized to execute an ongoing contract with Priscilla Smith to provide Preschool SEIT services from July 1, 2000 through June 30, 2001,funding available in the 2001 Public Health budget account no. 2960.400; subject to the review of the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT WITH DALYA TAMIR FOR EARLY INTERVENTION PROGRAM SERVICES AND PRESCHOOL SPECIAL EDUCATION PHYSICAL 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 Physical Therapy to eligible preschool children according to Section 4410 of the Education Law, and

WHEREAS, Dalya Tamir is a licensed Physical Therapist and will provide these services to eligible children.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Director of Public Health be hereby authorized to execute an ongoing contract with Dalya Tamir, to provide early intervention services, effective March 1, 2001, at rates set by the New York State Department of Health; funding available in the 2001 Public Health budget, account number 4054.490; subject to review by the County Administrator and approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature and the Director of Public Health be hereby authorized to execute an ongoing contract with Dalya Tamir to provide preschool Physical Therapy services from March 1, 2001 through June 30, 2002 at a rate of Sixty Dollars ($60) for up to a 60 minute session, funding available in the 2001 Public Health budget, account number 2960.400, subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT WITH WEILER MAPPING TO SURVEY COUNTY-OWNED PROPERTY IN HECTOR – HIGHWAY DEPARTMENT

WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for survey services for county-owned property on County Road 1 in the Town of Hector, and

WHEREAS, this property can be sold at public auction and added to the tax rolls once this survey is completed.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature accept the proposal price from Weiler Associates for survey services on County property located on County Road 1, not to exceed $3,000.00, funding available in the 2001 County Road budget account no. 5020.400; subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID AND STATE "MARCHISELLI" PROGRAM – AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL AID PROJECT, AND APPROPRIATING FUNDS THEREFOR – HIGHWAY DEPARTMENT

WHEREAS, a Project for the replacement of BIN 3332660, CR 16 over Meads Creek Tributary, Schuyler County, PIN 6752.83 ("the Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% federal funds and 20% non-federal funds, and

WHEREAS, the County of Schuyler desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of the replacement of BIN 3332660, CR16 over Meads Creek Tributary, Schuyler County, PIN 6752.83.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the above-subject project, and

BE IT FURTHER RESOLVED, that the Schuyler Legislature hereby authorizes the County of Schuyler to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and Design work for the Project or portions thereof, and

BE IT FURTHER RESOLVED, that the sum of $ 102,000.00 is hereby appropriated in the 2001 budget, account number 5020.400 and made available to cover the cost of participation in the above phase of the Project, and

BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the County of Schuyler shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and

BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County Legislature be hereby authorized to execute all necessary agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Schuyler with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid-eligible Project costs and all Project costs within appropriations therefor that are not so eligible, subject to review by the County Administrator and approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary agreement in connection with the Project, and

BE IT FURTHER RESOLVED, this Resolution shall take effect immediately.

VOTE: Passed 8-0.

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

WHEREAS, a Project for the replacement of BIN 3332690, CR 27 over Rock Stream, Schuyler County, PIN 6752.82 ("the Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% federal funds and 20% non-federal funds, and

WHEREAS, the County of Schuyler desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of the replacement of BIN 3332690, CR 27 over Rock Stream, Schuyler County, PIN 6752.82.

NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby approves the above-subject project, and

BE IT FURTHER RESOLVED, that the sum of $ 94,000.00 is hereby appropriated in the 2001 budget account number 5020.400 and made available to cover the cost of participation in the above phase of the Project, and

BE IT FURTHER RESOLVED, this Resolution shall take effect immediately.

VOTE: Passed 8-0.

RESOLUTION NO. 129 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE A NEW LOADER BUCKET – HIGHWAY DEPARTMENT - FAILED

WHEREAS, the Highway Superintendent and the Public Works Committee have agreed there is a need in the Highway Department for a new 3 3/4 yard bucket on the 1989 Cat 950 Loader, and

WHEREAS, the current bucket has already been repaired several times, and

WHEREAS, the bucket is in need of substantial reconstruction and it would take extensive employee hours as well as a significant amount of materials to have the Highway Automobile Mechanics recondition the loader bucket again, and it would still be 12 years old.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer $4,551.06 from Machinery Supplies account no. 5130.438 to Machinery Equipment no. 5130.297 for the purchase of a new 3 3/4 yard bucket.

DISCUSSION: Legislator Karius asked if this new loader bucket was needed. Jim Corl said yes, but he could find no holes or patches. The Highway Superintendent showed him where the bucket was wearing. Jim Corl thought it might last one more season. Legislator Larison stated that this loader bucket has had constant use and has been welded and mended. He feels it needs to be replaced now. Legislator Hastings said she is torn between ordering a new loader bucket or not. If the county were to have a catastrophe, they could get sued. On the other hand, if the Administrator knows what he looked at to make sure the county would not get sued, then she can not see purchasing it at this time. She asked the Administrator if he was positive on it lasting another year. Jim Corl said it is thin, but not paper thin. Chairman Gifford asked for the Administrator’s recommendation. Jim Corl said he feels it can last one more year.

VOTE: Failed 4-4. Noes: Hastings, Karius, Marvel, Gifford.

RESOLUTION NO. 130 Motion by Larison, Second by Bleiler.

RE: ACCEPT PROPOSAL FOR ENGINEERING SERVICES FROM HUNT ENGINEERS FOR SALT STORAGE BUILDING DESIGN - HIGHWAY

WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for design services for the Salt Storage Building.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature accept the proposal price from Hunt Engineers for Salt Storage Building design work, not to exceed $ 10,950, funding available in the 2001 County Road budget account no. 5020.400; subject to review by the County Administrator and approval of the Schuyler County Attorney.

DISCUSSION: Jim Corl said this area has a high ground water table. The building will be storing salt which is a very corrosive material. The Engineer that designs this signs off on a building that will not contaminate the ground water. David Lisk, Building Maintenance Supervisor, said the Highway Superintendent did look at pre-engineered plans. They cost around $12,000, and that is just buying a package off the shelf.

VOTE: Passed 6-2. Noes: Karius, Marvel.

RESOLUTION NO. 131 Motion by Bingell, Second by Hastings.

RE: AUTHORIZE INCREASE IN GRADE AND SALARY OF LABORER – BUILDINGS AND GROUNDS

WHEREAS, it is the recommendation of the Building Maintenance Supervisor and the Public Works Committee to increase the grade and salary of the Laborer position in Buildings and Grounds due to the nature of duties of this position, and

WHEREAS, there are sufficient funds in the current Buildings and Grounds Department budget to cover this increase.

NOW, THEREFORE, BE IT RESOLVED, that the title of Laborer (Buildings and Grounds) be increased from Grade 0 ($8.31 per hour) to Grade IX ($9.04 per hour) in the Agreement by and between County of Schuyler and The Civil Service Employees Association, Inc. for the Schuyler County Administration Unit.

VOTE: Passed 7-1. No: Marvel.

RESOLUTION NO. 132 Motion by Bingell, Second by Hastings.

RE: AUTHORIZE INCREASING THE HOURS OF A PART-TIME CLEANER POSITION TEMPORARILY IN BUILDINGS AND GROUNDS

WHEREAS, the Senior Cleaner is on medical leave beginning February 19, 2001, and

WHEREAS, this medical leave creates a situation that the remaining cleaners are not physically able to cover the amount of space that needs to be cleaned on a nightly basis, and

WHEREAS, there is sufficient funding in the Buildings and Grounds personal services account to cover extra hours for the current part-time cleaner.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the Building Maintenance Supervisor to increase the part-time cleaner’s hours from 19 hours per week to 40 hours per week, retro-active to February 26, 2001, and

BE IT FURTHER RESOLVED, that this increase in hours will terminate upon the return of the Senior Cleaner from medical leave.

VOTE: Passed 8-0.

RESOLUTION NO. 133 Motion by Bingell, Second by Hastings.

RE: AUTHORIZE THE CREATION OF TWO (2) PART-TIME MEAL DELIVERER POSITIONS – OFFICE FOR THE AGING

WHEREAS, it is often impossible to find volunteers who will fill in for meal deliverers when they are absent, and

WHEREAS, many of the clients who receive meals would be "at risk" without a meal for more than a day, and

WHEREAS, it is allowable to use NYS Supplemental Nutrition Program monies to pay drivers.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature create two (2) part-time Meal Deliverer positions subject to approval by the Personnel Department at $8.64 an hour, and

BE IT FURTHER RESOLVED, that the Office for the Aging Director be authorized to fill the positions as necessary to meet the nutrition program responsibilities in the absence of the regular paid driver.

VOTE: Passed 8-0.

RESOLUTION NO. 134 Motion by Hastings, Second by Young.

RE: AUTHORIZATION TO CREATE AND FILL A CASEWORKER POSITION AND ABOLISH ASSISTANT CASEWORKER POSITION – SOCIAL SERVICES

WHEREAS, the workload in the Adult Services unit has shown a dramatic increase in the past year, and

WHEREAS, the Department’s one Assistant Caseworker was transferred into Adult Services from Child Care last year, with the child care responsibilities being transferred to Public Assistance, and

WHEREAS, an Assistant Caseworker (grade XXI, $12.64/hour) is required to be closely supervised by a Caseworker (grade XXII, $13.22/hour) and/or Supervisor, while a Caseworker works with less supervision, and

WHEREAS, the Assistant Caseworker currently filling that position has successfully passed the Civil Service examination for Caseworker, and

WHEREAS, the approximate increase in pay and benefits to upgrade the Assistant Caseworker to Caseworker will be less than $1100.00 annually, and

WHEREAS, there are sufficient funds in the current Department of Social Services budget (6010.100 account) to cover the increase, and

WHEREAS, creating a Caseworker position and abolishing the Assistant Caseworker position will allow the Department to exercise greater flexibility in meeting its mission requirements.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to create and fill a new position of Caseworker (grade XXII, $13.22/hour) in the Services unit, and

BE IT FURTHER RESOLVED that the position of Assistant Caseworker (grade XXI, $12.64/hour) be abolished upon the satisfactory completion of the required probationary period by the person promoted to the Caseworker position.

VOTE: Passed 6-2. Noes: Karius, Marvel.

RESOLUTION NO. 135 Motion by Hastings, Second by Young.

RE: AUTHORIZATION TO CREATE AND FILL AN EMPLOYMENT TRAINING COORDINATOR POSITION – SOCIAL SERVICES - FAILED

WHEREAS, the federal government provides 50% of the cost of Public Assistance (PA), with the state and local governments each being responsible for 25% of the cost, and

WHEREAS, the federal government has established a five-year time limit for PA recipients to be eligible for federal assistance, and

WHEREAS, the New York State Constitution requires the state to care for those in need, and

WHEREAS, any PA recipient who exceeds the five-year federal limit will become the responsibility of the state and local government to provide such assistance as is needed, meaning a 50% state share and a 50% local share, and

WHEREAS, the Schuyler County Department of Social Services assists recipients of Public Assistance obtain gainful employment in order to reduce the clients’ dependence on the government for assistance, and

WHEREAS, the Assistant Mobile Work Crew Supervisor position is vacant, and

WHEREAS, the creating and filling of the Employment/Training Coordinator position will keep the employment unit at its current staffing level of three employees, and

WHEREAS, the position will be in Grade XXI at an hourly rate of $12.64, and

WHEREAS, funds are available for the position in the 2001 budget in line 6010.100.

NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Department of Social Services be authorized to create and fill a new position entitled "Employment/Training Coordinator" at Grade XXI ($12.64/hour), and

BE IT FURTHER RESOLVED that the Assistant Mobile Work Crew Supervisor position in the Department of Social Services be abolished, and

BE IT FURTHER RESOLVED that the position of Employment/Training Coordinator will be created as a one-year pilot project, with the effectiveness of the position being reviewed by the Human Services Committee in January, 2002.

DISCUSSION: Legislator Hastings said she has a great deal of respect for Legislator Young and her Human Services Committee. It is very hard for her to vote no on this resolution. She was here when this program was created and she knows the directive the State gave the county and the training that was to be done. She feels this position is not the position that should be there. She apologized to Legislator Young. She feels this is one of the most important departments in Social Services.

VOTE: Failed. 4-4. Noes: Hastings, Karius, Marvel, Gifford.

RESOLUTION NO. 136A Motion by Bleiler, Second by Marvel.

RE: MOTION TO AMEND RESOLUTION NO. 136

BE IT RESOLVED, that the following changes in bold be added to Resolution No. 136, item three as follows:

3. Should the County Administrator deny the filling of such vacancies, then they must be authorized by Resolution of this Legislature through the committee of jurisdiction in accordance with Rule 22 or individual sponsorship, and

DISCUSSION: Legislator Marvel offered a substitute resolution for Resolution No. 136. He then read it aloud. Legislator Larison said he can not support either resolution. He has listened to departments complain about the process taking forever to replace employees. These are positions the Legislature has authorized in the past by resolution. He feels if the County Administrator determines that someone needs to be removed, then do it by attrition. Legislator Marvel said this is not a deterrent to hiring. He explained that the department heads report to the Administrator that they have a vacancy, and if he agrees it should be filled, he then gives them the authority to fill it. With the current process, the department head has to go to the Chairman of their committee to have a committee poll done, or wait for their next committee meeting to get approval. He feels this will be faster. Legislator Bleiler feels there is a big difference between the two. The original process added a layer of bureaucracy. Presently the Legislature has to approve filling vacancies, with this process it will make it a lot easier. If the Administrator disagrees, then the department head would have to go to their committee as before. He does not feel it can possibly slow things up. Legislator Young said she heard Legislator Bleiler say that the department head would go to committee. Number three says a resolution of the whole Legislature. She does see a big difference. She can agree to it going back to the committee and old process. She is not sure she wants to wait for the whole Legislature to vote. Legislator Hastings said she will withdraw her individually sponsored resolution with permission from Legislator Young and allow the vote on Legislator Marvel’s substitute resolution. Legislator Marvel and the County Administrator knew this Resolution was being done, and being gentlemen, she feels they should have advised her in advance. Legislator Bingell feels number one should mention newly created positions also. Legislator Marvel said there is a procedure for newly created positions and they have to be done by resolution. Legislator Larison said he does not see the necessity of this directive. Legislator Marvel said this is to streamline filling positions and to have the Administrator involved as he should be. Currently he is left out of the loop. Legislator Larison feels he should be involved in all of the positions and should be studying them. What is wrong with the current process? Legislator Marvel called for the question. Legislator Bleiler said he is not sure what is best. Now that he thinks about it, this might possibly slow things up. Legislator Marvel explained a denial would have to go through committee for a resolution. Legislator Young feels this usurps the committee process. She asked that it be changed back to committee or Legislator Marvel does not have her vote. Legislator Hastings stated that she does not think that four legislators should make the decision on hiring in the county. She believes the Administrator should have the ability to make these decision, and if he does not, then he should not be there. If the department head feels that the Administrator is not fair, then they should go to the full Legislature. Legislator Bingell suggested they table this resolution until it is more clear. Attorney Coleman said there is a certain risk in clarification. Subdivision three in this resolution as written right now, giving authorization by a resolution of this Legislature is by two ways, through the committee or by an individually sponsored resolution. However, it is also true that if you were not here for this discussion, and it is a new Legislature, they would not know the legislative intent. He suggested it be further amended to say they must be authorized by a resolution of the Legislature through the committee jurisdiction system under Rule 22 or individually sponsored. The sponsors agreed to add Attorney Coleman’s recommendation to the resolution. Motion by Legislator Bingell to table, no second.

VOTE: Passed 7-1. No: Larison.

RESOLUTION NO. 136 Motion by Marvel, Second by Bleiler.

RE: ESTABLISH HIRING DIRECTIVE FOR 2001 – AS AMENDED

WHEREAS, in keeping with the 2001 goals established by the Schuyler County Legislature.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature declares a directive for employment decisions to include:

1. Approval by the County Administrator to fill personnel vacancies created by the resignation, retirement or removal of an employee, to include both part-time and full-time employees.

2. If the County Administrator approves the filling of the vacancy, the Department Head may proceed directly to the Personnel office for hiring under the established policies and procedures with out committee intervention.

3. Should the County Administrator deny the filling of such vacancies, then they must be authorized by Resolution of this Legislature through the committee of jurisdiction in accordance with Rule 22 or individual sponsorship, and

BE IT FURTHER RESOLVED, that this Resolution shall exclude all per diem positions and any positions which as of this date has been advertised and/or interviewed for, and

BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately and shall continue in full force and effect until December 31, 2001.

VOTE: Passed 7-1. No: Larison.

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

RE: ESTABLISH BUDGET FOR EDI-SPECIAL PROJECTS GRANT #B-00-SP-NY-0306

WHEREAS, Schuyler County has received final approval for the above referenced grant in the amount of $925,000 for activities to form and design a water and sewer district.

NOW, THEREFORE, BE IT RESOLVED, that the Treasurer is authorized to establish the following budgetary accounts for this grant:

ACCOUNT NO. AMOUNT

8601. $925,000

VOTE: Passed 8-0.

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

RE: AUTHORIZE APPOINTMENTS – YOUTH BOARD

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Schuyler County Youth Board for the term January 1, 2001 through December 31, 2004:

Glenda Gephart
Mary Ellen Correa
Rebecca Bacon
Carl Gillette
Sandra Young

VOTE: Passed 8-0.

RESOLUTION NO. 139 Motion by Karius, Second by Marvel.

RE: AUTHORIZE ADVERTISING AND HIRING OF TEMPORARY CLERICAL HELP – MENTAL HEALTH

WHEREAS, the Mental Health Department needs temporary clerical help to assist the support staff due to an unanticipated absence.

NOW, THEREFORE, BE IT RESOLVED, that the Mental Health Clinic be hereby authorized to advertise and hire temporary help or secure temporary clerical services through a temporary agency, at a cost not to exceed $2,000, funding available in the 2001 County budget, account no. 4310.435.

VOTE: Passed 8-0.

RESOLUTION NO. 140 Motion by Larison, Second by Bingell.

RE: AUTHORIZE FILLING OF CORRECTION SERGEANT POSITION – SHERIFF’S DEPARTMENT

WHEREAS, the position of Correctional Sergeant was approved in the early part of the year 2000, and

WHEREAS, the Sheriff was waiting to fill this position until a Corrections Sergeant’s exam could be given, and

WHEREAS, the exam has been given and Deputy Christopher Ward received a top grade, and

WHEREAS, Legislative approval is necessary to fill a vacancy when a position has been vacant for more than 90 days, and

WHEREAS, this is not another full-time position, but a promotion of a current employee from grade level GP-I to GP-II.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill the Correction Sergeant position retroactive to February 26, 2001.

VOTE: Passed 8-0.

WITHDRAWN

RE: ESTABLISH RULES FOR USE OF AQUATICS PROGRAM POLE BUILDING AT THE RURAL URBAN CENTER - WITHDRAWN

WHEREAS, the green pole building behind the Rural Urban Center in Montour Falls was built on county-owned land using New York State "Aid to Localities" funding for the purpose of providing a maintenance facility for the Aquatic Vegetation Control Program, and

WHEREAS, the Aquatic Vegetation Control Program still exists and is now known as the Finger Lakes-Lake Ontario Watershed Protection Alliance (FL-LOWPA) Program, and

WHEREAS, the Schuyler County Soil and Water Conservation District (SWCD) has been designated by resolution as the responsible agency in Schuyler County for the planning, management and implementation of water resources protection and is the Schuyler County agency representing the County on the FL-LOWPA board and uses the building for the FL-LOWPA water quality programs, and

WHEREAS, other Schuyler County departments have expressed interest in utilizing space in the building.

NOW, THEREFORE, BE IT RESOLVED, that the building be utilized in the following manner:

1. The elevated portion of the loft area shall be utilized for county storage.

2. The first floor storage area on the west side of the building that has been divided into four separate securable compartments shall be utilized with three compartments for county storage and the fourth compartment for SWCD purposes.

3. The loft area over the securable compartments and the remainder of the first floor shall be utilized by the SWCD, and

BE IT FURTHER RESOLVED, that with regard to general building usage and storage of non-SWCD materials and equipment, the SWCD District Field Manager shall act in the capacity of landlord for the facility and its use.

RESOLUTION NO. 141 Motion by Larison, Second by Bingell.

RE: DECLARE MONTH OF MARCH AS NATIONAL ASSOCIATION OF SOCIAL WORKERS MONTH

WHEREAS, each year, the month of March is designated Professional Social Work Month to recognize the significant contributions made by social workers, and

WHEREAS, the business of social work is helping people help themselves; professional social workers use their education, training, and commitment to make a real difference in the lives of others, and

WHEREAS, the cornerstone of the social work profession is advocacy on behalf of individuals, families, communities, and the profession for changes in public policy, and

WHEREAS, social workers practice in an array of settings including public and private agencies, hospitalsand health care settings, mental health centers, managed care companies, schools, child welfare agencies,the criminal justice system, colleges, employee assistance programs, human resources, industry, courts, private practice and state and federal legislatures.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature wishes to join with the National Association of Social Workers in celebrating the importance of social workers and the social work profession by recognizing March 2001 as Professional Social Work Month.

VOTE: Passed 8-0.

RESOLUTION NO. 142 Motion by Larison, Second by Bingell.

RE: AUTHORIZE FILLING OF PAYROLL CLERK – TREASURER’S OFFICE

WHEREAS, the Payroll Clerk position in the Treasurer’s Office has been vacant for more than 90 days thus requiring Legislative approval in order to fill, and

WHEREAS, the 2001 Budget includes funding for this position in account 1325.100.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to fill the Payroll Clerk vacancy effective immediately.

VOTE: Passed 8-0.

RESOLUTION NO. 143 Motion by Larison, Second by Bingell.

RE: ORGANIZATIONAL CHART ESTABLISHING LINES OF AUTHORITY BY INTEGRATION OF THE OFFICE OF COUNTY ADMINISTRATOR

BE IT RESOLVED, by the County of Schuyler that the following examples of organizational charts reflect the desires of the Schuyler County Legislature as they exhibit working relationships within the county’s departments both elected and non-elected, and, as such, reflect the intent of the Legislature to establish direct lines of responsibility and administrative staff support roles, as they are depicted herein and as supported by Rule 22 of the Schuyler County Rules of Procedure.

DISCUSSION: Legislator Young asked for an explanation. Jim Corl explained that the unbroken black line reflects direct lines of authority as in elected officials, for such positions as the Sheriff and the County Clerk. That is the way they are hired and fired. The dotted or broken line means staff service functions, administrative support roles. It does not mean hiring or firing or setting salary authority. Legislator Young asked if department heads will no longer speak to legislators about issues? Jim Corl said that is a strong concern, absolutely not. This just involves him in the chain of communication more formally. Legislator Bleiler remembers having trouble understanding this. Before department heads create resolutions, a conversation needs to take place at this level, before it gets to committee. Legislator Hastings feels that the Administrator’s job is the same with non-elected officials as elected officials. His authority is no different. She would like to see this tabled and studied further. She feels there is a misconception that an elected official directly works for the public. The Legislature can not run their departments, but she sees the Administrator’s job the same with them as with all other department heads. Jim Corl explained that is why there are two lines coming out of the elected department head’s division, one dotted and one not-dotted. These reflect different roles and responsibilities. Legislator Young feels this needs to be put together to address Rule 22. She does not think it is clear. Legislator Karius said they have hired the Administrator to do a job, let’s let him do it. Legislator Bleiler said the dotted line from the elected department head to the electorate dictates that they are elected and the Administrator has to acknowledge that. It is the Administrator’s job to make recommendations on evaluations of department heads.

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

RESOLUTION NO. 144 Motion by Bingell, 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 8-0.

RESOLUTION NO. 145 Motion by Larison, Second by Bingell.

RE: RESOLUTION AUTHORIZING LOAN OF EQUIPMENT TO TOWN OF ORANGE

WHEREAS, the Town of Orange public works maintenance facility was destroyed by fire on March 10, 2001, and

WHEREAS, one of the goals of the Schuyler County Legislature for 2001 is to establish and maintain a good working relationship with our towns working toward shared services.

NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature shall loan all necessary equipment for the purposes of re-establishing public work services in the Town of Orange.

DISCUSSION: Legislator Young spoke on behalf of the Town of Orange and said she appreciates the county’s help from the bottom of her heart. The township is devastated. All of the town supervisors have pulled together to help, along with the county highway department. She thanked everyone. Legislator Larison stated that the County Highway Superintendent responded immediately to this disaster. He commended Greg Mathews for going above and beyond the call of duty.

VOTE: Passed 8-0.

Legislator Larison said he would like to reconsider the stipend reward resolutions and have them voted on again. He feels it is very important to honor a commitment and asked the Legislature to reconsider their vote on these resolutions.

RESOLUTION NO. 146 Motion by Larison, Second by Young.

RE: AUTHORIZE STIPEND REWARD FOR PERSONNEL ASSISTANT – CIVIL SERVICE/PERSONNEL - FAILED

WHEREAS, Penny Albert, Civil Service Clerk, was out on medical or personal leave for all of the year 2000 except from 9/5–11/15/00, and

WHEREAS, the Personnel Assistant, as designee of the Personnel Officer, assumed responsibility for this mandated function in addition to her regular duties.

BE IT FURTHER RESOLVED, that Patricia Emery be commended for her commitment and loyalty to serving Schuyler County residents without disruption during this extended period.

VOTE: Failed 4-4. Noes: Hastings, Karius, Marvel, Gifford.

RESOLUTION NO. 147 Motion by Larison, Second by Young.

RE: AUTHORIZE STIPEND REWARD FOR DEPUTY TREASURER – TREASURER’S OFFICE - FAILED

WHEREAS, Deputy Treasurer, Patricia Bilinski, has been providing the payroll administration for the past year due to a vacancy in the department, and

WHEREAS, the Treasurer has recommend her for the Stipend Reward Program and has met with the County Administrator and the Personnel Officer in regard to this matter.

VOTE: Failed 4-4. Noes: Hastings, Karius, Marvel, Gifford.

RESOLUTION NO. 148 Motion by Larison, Second by Young.

RE: AUTHORIZE STIPEND REWARD FOR PURCHASING AGENT - FAILED

BE IT FURTHER RESOLVED, that Lisa Bennett be commended for her commitment to her former departments and Schuyler County in giving her time and efforts to maintain efficient service.

VOTE: Failed 4-4. Noes: Hastings, Karius, Marvel, Gifford.

UNFINISHED BUSINESS: None.

NEW BUSINESS:

Legislator Hastings stated that the Sheriff received a letter in regard to the availability of funds from the COPS in Schools 2001 program (CIS). He has discussed this program with Watkins Glen Central School and Odessa-Montour Central School, and they want to participate in the program. This program will fund cops in the schools. The funding must be used to hire new personnel. There is up to $100 million available to hire school resource officers (SROs). These officers are to be deployed to work in and around primary and secondary schools as part of an overall plan to address crime and related problems through community policing. She recently held a Public Safety/Criminal Justice Committee meeting where they listened to the problems with the children in schools. She would like a motion of the Legislature to either support this or not support this grant. The Sheriff needs to apply before May 11, 2001. Legislator Young felt it should go through committee. Legislator Hastings said she will have it go through her committee. Legislator Young asked if the Sheriff would be hiring someone new. Legislator Hastings said yes and the grant is for three years. Legislator Bleiler thought the schools had some funding concerns. Legislator Hastings stated that the schools are on board now and want to participate. This is total federal funding for 36 months. Legislator Young asked what the officers will be doing in the schools, and who determines their activities? Legislator Hastings believes it is a collaborative effort with the schools and the Sheriff’s Department. Jim Corl stated that 75% of their time must be on campus patrol working on youth related activities. Joann Ehrhart, Youth Bureau Director, stated that the program will not get to the root of the problem of drugs, smoking, etc. While it may help, she does not feel it is the total solution. Legislator Hastings asked JoAnn why the schools would want to back this then? JoAnn said the schools are probably looking for all the help they can get. Legislator Bleiler feels it would be a shame not to at least apply for the grant at this point. He believes the SROs might start out as an authority figure, but will probably turn out to be a person that the kids can turn to, to ask questions, to ask for advice or guidance. Possibly help convince kids the difference between right and wrong.

RESOLUTION NO. 149 Motion by Hastings, Second by Karius.

RE: AUTHORIZE GRANT APPLICATION FOR COPS IN SCHOOLS 2001 PROGRAM (CIS) – SHERIFF’S DEPARTMENT

WHEREAS, money has been allocated by the Federal Government COPS Program for local municipalities to hire police officers and deputy sheriffs as School Resource Officers (SRO), and

WHEREAS, the school districts in Schuyler County have expressed an interest in the SRO program, and

WHEREAS, these funds pay the full wages and fringe benefits of the officers.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the Sheriff of Schuyler County to apply for a grant for the funding of School Resource Officers, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign any and all documents relative to said grant; subject to review by the County Administrator and approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

Legislator Hastings also had a request from the Public Defender. The Public Defender would like the Legislature’s support of a petition of the Chief Defenders in the State to request funds from the Governor, called Aid to Defense Funds. He is also asking for the Resolution to be sent to Senator John R. Kuhl, Jr. and Assemblyman James Bacalles for their support.

RESOLUTION NO. 150 Motion by Larison, Second by Marvel.

RE: RESOLUTION SUPPORTING THE PETITION OF THE CHIEF DEFENDERS IN REGARDS TO AID TO DEFENSE – PUBLIC DEFENDER’S OFFICE

WHEREAS, for the current fiscal year the Schuyler County District Attorney’s Office has received $50,000 in Aid to Prosecution Funds, and

WHEREAS, the New York State Defenders Association, Inc., through a Petition of the Chief Defenders of New York, is requesting that the Governor amend the proposed FY 2001-2002 Executive Budget to provide Aid to Defense funding to the 32 counties currently not scheduled to receive it, and

WHEREAS, this parity in state funding to counties is essential to maintain a balanced and workable criminal justice system in the counties as well as the state.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby support the Petition of the Chief Defenders of New York, and

BE IT FURTHER RESOLVED, that Clerk of the Legislature be directed to send certified copies of this Resolution to Senator John R. Kuhl, Jr. and Assemblyman James Bacalles.

VOTE: Passed 8-0.

REPORT ON STANDING COMMITTEES:

Legislator Young reported on the Human Services Committee. She said there are some misconceptions about the number of County employees in Schuyler County and about the hiring rates within the past two years. In the year 2000, there were 78 orientations, 42 of which were summer youth positions. That means we hired 36 regular full-time, part-time, etc. positions. In this same time frame, there were 34 exits. All but two of these total positions were replacements. In the year 2001, there have been 9 orientations, all of which were full-time with the exception of the Assistant Public Defender, and there have been 6 exits. During one of the meetings this month the legislators had on "goals", I was told by Chairman Gifford that Schuyler County had 38 employees in the Department of Social Services and Steuben County had 44. He indicated that there was something wrong with this since the population’s proportions for the two counties were 19,000 to 100,000. This frontal assault caught me by surprise, and the only question I asked was the source of his information. Mr. Gifford said Mark Alger, the County Administrator of Steuben County told him that. Then he followed up the remark with the question, "Do you think he is lying to me?". I do not tend to think like that, but now that the subject has been brought up, I guess somebody is lying and I intend to set the records straight. As of 1998, Schuyler County had a population of 19,000 and the number of full-time workers in the Department of Social Services (DSS) was 38. Steuben County had a population of 99,000 and the number of full-time workers in their Department of Social Services was 175. This does not include the contractual work this county has done through non-profit community action agencies. The DSS budget for 1998 in Schuyler County was $5.3 million. The DSS budget for 1998 in Steuben County was $42.3 million. Their DSS budget was 8 times the budget of this county serving a county with five times the population of our county. Either their DSS budget is too big, or our people are working too hard and getting paid too little. Let’s compare our DSS with Tioga County as of 1998. Tioga County’s population is 52,337 with 103 full-time DSS workers. The ratio of their county population and their DSS employee number to our population and DSS employee number is exactly 2.7 to 1. Their budget was $11.7 million, which was just about 2.3 times our budget. In other words, Steuben County needs to use Schuyler and Tioga Counties as models of efficiencies in terms of their DSS departments. Let’s not even get into the tax levy differences in these counties and the revenue differences. Considering what Steuben County has to work with, they probably should not even need a DSS department, much less one that is 8 times more costly than ours.

Legislator Bleiler reported on the Management & Finance Committee. He said there have been some concerns about the financial status of the county, especially the issue about the property tax rate change. The county tax rate when down by 2.8% for 2001, but tax bills in particular towns may not reflect that decrease because of the town tax and equalization rate. It is not easy to understand (he had copies of the information that may help clarify the situation for anyone who wanted them). The County did in fact reduce the tax rate over 9% for the last two years. This is very close to the 10% goal. Also the sales tax revenues for the year 2000 were above the Legislature’s expectations. He feels the fund balance that they projected at the end of this year was very conservative, and they now have information that says there is more money in the fund balance than anticipated. He is not sure how the year 2000 will finish up at this point. He said the tobacco settlement money the county chose to securitize and he knows this is difficult to understand. If they had not securitized they would have received $240,000 in the budget to spend. The Legislature chose not to, but chose to securitize, and agreed to spend it on defusing debt. He is not saying they can sit back and relax. There are union contracts to settle and health insurance problems to resolve. Right now, one family policy for the county cost half as much as the annual salary of one person. If the county did not have to pay for health insurance a person could receive a 50% increase in their salary. If the county has increases for the next eight years, like the last three years, at the same rate, a family policy would cost more than an annual average salary for an hourly person here at the county.

Legislator Larison reported on the Public Works Committee. One of the Legislature’s goals is to work more closely with Albany and have more presence there. He is on the Soil & Water Conservation District Committee and recently went with them to Albany to lobby with them. Being a contract agency, the Governor can adjust their funds. Soil and Water does a lot of work for farmers and he feels the Legislature needs to do anything they can to help them. He also put in a plug for CHIPS funding while he was there. He also reported that the Highway Superintendent, Greg Mathews, needs to be commended for his help to the Town of Orange. He requested that the Chairman of the Legislature write a letter of thanks to Greg Mathews for his prompt service to the Town of Orange. It was a commendable thing to do. Greg did this while most of us were sleeping. Chairman Gifford agreed to write a letter.

Legislator Bingell reported on the Health Services Committee. She reported that March is Colorectal month. She read the last five clinic dates available. She also reported that on March 1, 2001, the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes presented results of a survey of Middle and High School students and parents regarding drug use and abuse in the schools. The Consortium of Alcohol and Substance Abuse Service Providers will be holding their annual Legislative Breakfast in Rochester on Friday, March 16, 2001. Any legislators interested in attending should contact Duane Spilde or myself. On Wednesday, March 21, 2001, the Healthy Heart grant is providing a free Blood Pressure and Cholesterol Screening Clinic for Coastal Lumber. The same screenings were offered at R.L. Callahan Construction on February 22, 2001. On Friday, March 23, 2001, the Health Department is sponsoring an informational breakfast to physicians, their nursing staff, school nurses and other community professionals at the Schuyler Arc. We will be presenting updated information about all of the children’s program: Early Intervention, Children with Special Health Care Needs, Lead Screening, Child Health Plus, the Car Seat Program, and the Bike Helmet Program. On Tuesday, March 26, 2001, the Health Department will be providing free Cholesterol and Blood Pressure Screenings for all Schuyler County employees. Anyone interested may come to the Health Department during their lunch hour between 11:00 a.m. and 1:00 p.m. The Cholesterol screening is a new accurate test for cholesterol levels and involves a simple finger prick. There is no charge for this screening. Also, through the Diabetes Grant, the Health Department is collecting registrations for The Sugar Beaters Program, which is for adults with or at risk for diabetes. It is an Exercise and Diabetes Education and Support Program, starting on April 3, 2001. The class is already 2/3rds full out of 15 places available, and will run for 6 weeks on Tuesdays and Thursdays from 10:00 – 11:00 a.m. at Schuyler Arc.

PUBLIC PARTICIPATION:

Casey Creamer said he is concerned that Schuyler County is paying more for insurance than he is paying. He understands the reasons, but is concerned. He is also concerned that the county is still with Group Health Insurance (GHI). He feels there is a trend that physicians are pulling out of being a GHI participant. In regard to the organizational flow chart, he now understands it, and it is very clear what the dotted line and solid line mean. He feels it is a simple idea to point out the difference between how the County Administrator deals with elected and non-elected officials. He also thought it was strange to send the Administrator to the Highway Department to examine a loader bucket. He feels it will be very unproductive for the county if the loader bucket fails and has to wait to be replaced. He suggested that with one loader bucket a year away from failure, another one should be purchased for backup. He added that a new bucket will most likely cost more in one year due to cost of living.

Sue Brill thanked the four legislators that voted down the Resolution on the Employment Training Coordinator position.

The Meeting adjourned at 8:46 p.m.

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

REGULAR MEETING
APRIL 9, 2001

The April 9, 2001 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. Assistant County Attorney Morris and County Administrator Corl were also present.

PUBLIC PARTICIPATION:

Casey Creamer commented on Resolution No. 171, hiring clerical support for the County Administrator. He feels the county hired an Administrator and they need to give him the tools to do the work. He remembers the discussion of a secretary for this position in the past. The Legislative Office should have less administrative work. He feels whether the position is created or filled from within the Legislative Office, if the administrative duties have not decreased, then something is wrong.

Teri Baccile said she has been a county employee for 15 years, and is also a taxpayer. She is frustrated that there is no union contract yet. She was also frustrated when management received their raises. She has heard that health insurance is a problem, but has not heard anything about the Health Insurance Review Committee meeting lately. She has recently been denied filling a vacancy in her department because of budget concerns. She would like a progress report at the end of the meeting on these issues.

Beverly Clickner, Deputy Commissioner of Social Services, said she was also refused the filling of a vacancy for a PINS Diversion caseworker. This vacancy has occurred because of promotions, and she has been told it will be reviewed again in 90 days when there might possibly be an administrative unit contract. She does not see the correlation in that. She feels saving money is fine, but not on backs of maybe 15 cases, involving troubled kids and families.

PRESENTATION BY THE SCHUYLER COUNTY CHAMBER OF COMMERCE:

Gene Pierce and Maryann Shoemaker, Chamber of Commerce board members presented the Schuyler County Chamber of Commerce Long Range Planning Summary. Copies were distributed to the Legislature. Mr. Pierce explained that the committee went through a lengthy process to formulate a long-range plan and they have finished phase one. Completing phase one involved surveying 10 different groups in the community on the services provided in Schuyler County. This was started in July of 1999 and was just completed recently. The committee tried to listen to everyone, and felt enlightened by the concerns and issues that were expressed. He stated that this summary will be made available to the public now. He opened the booklet and explained some of the segments. Margaret Cook, President of the Chamber of Commerce, said she hopes the Legislature takes the time to read the booklet. Legislator Hastings said she feels it is wonderful that they included the schools. Mr. Pierce said he would be happy to go into much more detail. Legislator Hastings suggested that he attend a Community Development and Natural Resources Committee to answer any questions.

PRESENTATION ON THE ELMIRA COLLEGE FAMILY NURSING PROJECT:

Duane Spilde, Director of Public Health/Community Services, explained that he has asked some Elmira College nursing students, who took on a very special nursing project, to come and present the project to the Legislature. Marcia Kaspryzk, Director of Patient Services, introduced the students to the Legislature, Susan McCabe, Lisa McDonald, Shanan VanNorstrand, and Lorri Youmans. The students were assigned to take on a community project so they decided to create a directory. This directory has a different spin on it. Copies were distributed to the Legislature. They decided to create a directory that targeted young families, 18-40 years of age. They first started researching service agencies in Schuyler County. Once they received the proper resources, they then asked for the hours of operation, what services were provided and phone numbers. They also included eligibility criteria. They divided the directory into categories and under each tab listed the services available in Schuyler County. The Schuyler County Public Health Agency, as well as the agencies listed in the directory, feel it is a helpful resource.

PRESENTATION OF CERTIFICATES OF RECOGNITION TO THE ODESSA-MONTOUR INDIANS GIRLS HIGH SCHOOL BASKETBALL TEAM:

Chairman Gifford handed each member of the team, as well as the coaches, a Certificate of Recognition and congratulated them on their achieving the State Championship title for their division.

RESOLUTION NO. 151 Motion by Bingell, Second by Larison.

RE: APPROVE MINUTES OF THE MARCH 12, 2001 REGULAR MEETING OF THE SCHUYLER

COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the March 12, 2001 Regular Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 8-0.

RESOLUTION NO. 152 Motion by Larison, Second by Bingell.

RE: ESTABLISH RULES FOR USE OF AQUATICS PROGRAM POLE BUILDING AT THE RURAL URBAN CENTER

WHEREAS, the Aquatic Vegetation Control Program still exists and is now known as the Finger Lakes-Lake Ontario Watershed Protection Alliance (FL-LOWPA) Program, and

WHEREAS, Schuyler County insures and pays all utilities on the green pole barn through various county budgets, and

WHEREAS, Schuyler County has varying needs from time to time for storage, and

WHEREAS, Schuyler County and the SWCD jointly use the pole building in the following manner:

2. The southwest portion of the loft area is being utilized for county storage.

3. The first floor storage area on the west side of the building has been divided into four separate securable compartments with three compartments being utilized for county storage and the fourth compartment being utilized for SWCD purposes.

4. The loft area over the securable compartments and the remainder of the first floor is being utilized by the SWCD.

NOW, THEREFORE, BE IT RESOLVED, that the shared usage be continued with any changes to be agreed upon by the SWCD Field Manager and the Schuyler County Building Maintenance Supervisor, and

BE IT FURTHER RESOLVED, that the FL-LOWPA program shall have priority use of said building.

DISCUSSION: Legislator Bleiler said he can not understand the need for this resolution. The county has a Buildings and Grounds department and he feels the resolution does not gain anything. Any changes have to be agreed upon by the two people involved. By putting this in the form of a resolution, if someone wants to change how the building is used, then the resolution would have to be amended. Legislator Larison said that for three years, there have been problems with use of the building. There have been three different times that Buildings and Grounds has tried to do something in that building and has had problems. He feels this will resolve the problems. He would like it done and over with.

VOTE: Passed 7-1. No: Bleiler.

RESOLUTION NO. 153A Motion by Hastings, Second by Marvel.

RE: MOTION TO AMEND RESOLUTION NO. 153

BE IT RESOLVED, that Resolution No. 153 be amended to include the phrase "pending further review and approval by the engineer" to the "Now Therefore Be It Resolved" clause.

DISCUSSION: Legislator Marvel said this project was originally in the budget for a certain amount. In looking at the projected costs, it is over budget by 29%. He is not against the project, it is just a lot of money. He will be voting no. Legislator Hastings said she talked to the Highway Superintendent, Greg Mathews, about this, and he said the high cost is due to high fuel costs, using black pipe, and applying blacktop instead of concrete. His concerns are that the project is funded totally by CHIPS, the intersection is dangerous and has flooding problems. She suggested that they pass the resolution under the condition that the County Administrator check with the engineer that designed the project to see if the engineer feels they need to go back to bid. Legislator Bingell feels since the project is funded by CHIPS it should be done. Legislator Larison said he has great confidence in Greg, he is the department head and his plans of operation are good. He feels they should support Superintendent Mathews’ recommendation. Legislator Marvel said he has heard both sides. He is well aware of the funding mechanism and feels perhaps the CHIPS funds can be spent on other projects. He is not against the project, it is a safety issue, and it needs to be resolved. He is against the 29% increase above the projected budget cost. He feels if they re-bid they may receive a lower bid. Legislator Bleiler said he is also concerned because the longer they put it off the worse the problems will get. He agrees it is over what was estimated, but he is amazed on how the bid prices came in at various rates. He feels the chances to re-bid and receive a lower price are slim. Legislator Hastings agrees with Legislator Marvel, but understands that the other two bids were also high. Apparently all companies who bid were high. She feels they need to seriously look at this project. She would like to see the resolution pass and allow the Administrator to research whether the project needs to be re-bid. She asked if there could be an addendum added to have the engineer review it again. Legislator Marvel said he will support the resolution as amended.

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

RESOLUTION NO. 153 Motion by Larison, Second by Bingell.

RE: ACCEPT/REJECT BIDS FOR THE RECONSTRUCTION OF COUNTY ROAD 14 & 15 INTERSECTION – AS AMENDED

WHEREAS, the Highway Superintendent and Public Works Committee directed the Legislative Clerk to advertise for bids for the reconstruction of County Road 14 & 15 Intersection and,

WHEREAS, bids were opened March 12, 2001 and reviewed with the recommendation being made by Hunt Engineers to accept the low bid from John F. and John P. Wenzel Contractors, Inc.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the low bid from John F. and John P. Wenzel Contractors, Inc. for the reconstruction of the County Road 14 & 15 Intersection at the bid price of $ 496,406.00, pending further review and approval by the engineer, and

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

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $112,406.00 from Permanent Improvements account no. 5112.595-Reconstruction CR 15 to Permanent Improvements account no. 5112.545-Reconstruction CR 14, to cover the full cost of the project.

VOTE: Passed 8-0.

RESOLUTION NO. 154 Motion by Larison, Second by Bingell.

RE: AUTHORIZE ADVERTISEMENT FOR CONSTRUCTION OF A SALT STORAGE BUILDING - HIGHWAY

WHEREAS, Schuyler County accepted a proposal for engineering services for the construction of a Salt Storage Facility, and

WHEREAS, the project design is complete and it is now necessary to advertise for bids for construction, and

WHEREAS, funding for said project will be bonded.

NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be hereby authorized to advertise for bids for the construction of a Salt Storage Building.

VOTE: Passed 8-0.

RESOLUTION NO. 155 Motion by Bingell, Second by Larison.

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

WHEREAS, Resolution No. 59-00 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 23, 2001.

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

ALL BIDS ACCEPTED

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

Narde Paving                                                   Machuga Pit
234 Breesport Rd.                                            State Route 226
Horseheads, NY 14845                                   Bradford, NY 14815

Blades Construction                                          R & L Perry Construction
7610 County Route 65                                     2419 Jennings Road
P.O. Box 590                                                   Watkins Glen, NY 14891
Hornell, NY 14843

Maple Terrace (John Wickham)                        John Arcangeli
2391 CR 10                                                     4071 Satterly Hill Road
Alpine, NY 14805                                            Burdett, NY 14818

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

VOTE: Passed 8-0.

RESOLUTION NO. 156 Motion by Bingell, Second by Larison.

RE: ACCEPT BIDS FOR USED BITUMINOUS CONCRETE ASPHALT

WHEREAS, Resolution No. 59-00 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 23, 2001.

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 GLSC, Inc                                                 SCL Ventures LLC
P.O. Box 231                                                                           PO Box 191
Easton, PA 18044-0231                                                          Mechanicsville, NY 12118

Dalrymple Gravel & Construction Company                              Valley Asphalt
2105 S. Broadway                                                                   320 East Washington Street
Pine City, NY 14871                                                                Bath, NY 14810

Seneca Stone Corporation                                                        Narde Paving
PO Box 76                                                                               56 Breesport Road
Fayette, NY 13065                                                                  Horseheads, NY 14845

Hanson Aggregates BRD, Inc
P.O. Box 231
Easton, PA 18044-0231

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

VOTE: Passed 8-0.

RESOLUTION NO. 157 Motion by Bingell, Second by Larison.

RE: ACCEPT BIDS FOR CRUSHED LIMESTONE & CRUSHED GRAVEL

WHEREAS, Resolution No. 59-00 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 23, 2001.

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 GLSC, Inc                                                 Seneca Stone Corporation
P.O. Box 231                                                                           P.O. Box 76
Easton, PA 18044-0231                                                          Fayette, NY 13065

Dalrymple Gravel & Contraction                                               Narde Paving
2105 S. Broadway                                                                   234 Breesport Rd
Pine City, NY 14871                                                                Horseheads, NY 14845

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

DISCUSSION: Legislator Young asked if there was any way to purchase material ahead of schedule for the years 2002 and 2003? Why not keep the material in the County’s stock pile instead of the company’s. Legislator Larison said the highway department probably would not have the room, but will investigate the suggestion.

VOTE: Passed 8-0.

RESOLUTION NO. 158 Motion by Larison, Second by Bingell.

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

WHEREAS, Resolution No. 59-00 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 23, 2001.

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
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. 159 Motion by Larison, Second by Bingell.

RE: ACCEPT BIDS FOR GUIDERAIL

WHEREAS, Resolution No. 59-00 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 23, 2001.

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

ALL BIDS ACCEPTED

Chemung Supply Corporation                                                               Highway Steel
P.O. Box 527                                                                                       P.O. Box 1243
Elmira, NY 14902                                                                                Fairport, NY 14450

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

VOTE: Passed 8-0.

RESOLUTION NO. 160 Motion by Larison, Second by Bingell.

RE: ACCEPT BID FOR STEEL PLATE, POLYETHYLENE PIPE, NEW & USED BRIDGE & SHOP STEEL

WHEREAS, Resolution No. 59-00 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 23, 2001.

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. 161 Motion by Larison, Second by Marvel.

RE: ACCEPT/REJECT BIDS FOR READY-MIX CONCRETE & RETAINING WALL BLOCKS

WHEREAS, Resolution No. 59-00 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 23, 2001.

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

Hanson Aggregates BRD, Inc
P.O. Box 231
Easton, PA 18044-0231

                                                            Chemung Supply corporation
                                                            P.O. Box 527
                                                            Elmira, NY 14902, and

BE IT RESOLVED, that the following bid be rejected:

Dalrymple Gravel & Contraction
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. 162 Motion by Larison, Second by Marvel.

RE: ACCEPT BID FOR STEEL BELTED RADIAL TIRES

WHEREAS, Resolution No. 59-00 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 23, 2001.

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, N.Y. 14865

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

VOTE: Passed 8-0.

RESOLUTION NO. 163 Motion by Larison, Second by Marvel.

RE: ACCEPT BIDS FOR USED STEEL PIPE

WHEREAS, Resolution No. 59-00 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 23, 2001.

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

ALL BIDS ACCEPTED

Chemung Supply Corporation
PO Box 527
Elmira, NY 14902
Items 5,7,8,10,14,15,16,17,18,19,20,21,22, Only

Allegany Pipe & Tubular Products
2954 CR-22
Andover, NY 14806
Items 1,2,3,4,6,9,11,12,13 Only

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

VOTE: Passed 8-0.

RESOLUTION NO. 164 Motion by Larison, Second by Bingell.

RE: AUTHORIZE BLOOD DRIVE IN UPSTAIRS COURTROOM OF COURTHOUSE

WHEREAS, a request was made to hold a blood drive in the courtroom, and

WHEREAS, the Public Works Committee authorized the Building Maintenance Supervisor to conduct a survey to ascertain the willingness of employees to participate, and

WHEREAS, there was a favorable response to hold a blood drive.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorize a blood drive to be held in the Schuyler County Courtroom.

VOTE: Passed 8-0.

RESOLUTION NO. 165 Motion by Larison, Second by Bingell.

RE: ACCEPT PROPOSAL FROM CARE ENVIRONMENTAL FOR THE HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY

WHEREAS, the County has appropriated monies in its 2001 budget for a household hazardous waste collection program and plans to apply for a reimbursement grant from the New York State Department of Environmental Conservation, and

WHEREAS, the Recycling/Solid Waste Office of Cornell Cooperative Extension has issued a Request for Proposals for said program with the approval of the Schuyler County Attorney.

NOW, THEREFORE BE IT RESOLVED, 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 Care Environmental in an amount not to exceed $6,600.00, for a Household Hazardous Waste Collection Day to be held on June 2, 2001, at the Schuyler County Highway Department property, pending receipt of financial resources, and

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

VOTE: Passed 8-0.

RESOLUTION NO. 166 Motion by Larison, Second by Bingell.

RE: ACCEPT PROPOSAL FROM HURON RECOVERY OF NEW YORK, INC., FOR THE 2001 USED TIRE COLLECTION DAY

WHEREAS, the County is anticipating a grant from the New York State Water Quality Coordinating Committee, and

WHEREAS, the Recycling/Solid Waste Office of Cornell Cooperative Extension has issued a Request for Proposals for said program with the approval of the Schuyler County Attorney.

NOW, THEREFORE BE IT RESOLVED, 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 of New York, Inc., in an amount not to exceed $10,000.00, for a Used Tire Collection Day to be held on June 2, 2001, at the Schuyler County Highway Department property, pending receipt of financial resources, and

VOTE: Passed 8-0.

RESOLUTION NO. 167 Motion by Marvel, Second by Young.

RE: RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT-IN-AID FOR A MUNICIPAL WASTE REDUCTION AND/OR RECYCLING PROJECT AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE

WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects, and

WHEREAS, the Schuyler County Legislature herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws, and

WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid.

NOW, THEREFORE, BE IT RESOLVED, by the Schuyler County Legislature:

1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understandings and assurances contained in said application is hereby authorized.

2. That the Chairman of the Legislature is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE;

3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said Municipal Waste Reduction and/or Recycling Project.

4. That five (5) Certified Copies of this Resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York 12233-7253, together with ONE complete application.

5. That this resolution shall take effect immediately.

VOTE: Passed 8-0.

RESOLUTION NO. 168 Motion by Marvel, Second by Young.

RE: PROCLAIM WEEK OF MAY 5-12, 2001 AS "NATIONAL TOURISM WEEK"

WHEREAS, National Tourism Week for 2001 is being celebrated nationally from May 5-12, 2001, 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, the County’s Tourism Promotion Agency, also promotes tourism in our region, and

WHEREAS, Chemung, Schuyler and Steuben Counties, in conjunction with Corning Enterprises, is currently working on a Branding Initiative to further promote the Finger Lakes Region, and

WHEREAS, there are nearly 8,000 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 22.2 million visitations, and

WHEREAS, this results in an overall economic impact in excess of 2.3 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 5-12, 2001 as National Tourism Week in Schuyler County and National Recognition Day May 10, 2001, 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. 169 Motion by Marvel, Second by Young.

RE: RESOLUTION DESIGNATING CHAIRMAN OF THE LEGISLATURE AS CERTIFYING OFFICER FOR U.S. DEPARTMENT OF HOUSING/CANAL CORRIDOR INITIATIVE (US HUD CCI) ENVIRONMENTAL REVIEW

WHEREAS, Schuyler County has received funding from the U.S. HUD Canal Corridor Initiative program for economic development projects, and

WHEREAS, HUD requires the appointment by the County of a Certifying Officer responsible for all activities associated with the environmental review process to be completed in conjunction with the HUD Canal Corridor Initiative program and its projects.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is designated as Certifying Officer for all compliance purposes related to the County's Canal Corridor Initiative program, and is authorized to sign environmental review documents as required, with advice from the Schuyler County Environmental Management Council; subject to review by the County Administrator and approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 170 Motion by Larison, Second by Bleiler.

RE: RESOLUTION AUTHORIZING THE SIGNING OF A STATE CONTRACT FOR AN AID TO LOCALITIES PROJECT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE (CREATION OF WATER & SEWER DISTRICT #1)

WHEREAS, the Schuyler County Legislature herein called the "Municipality," after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in the State Contract, herein called the "Project" is desirable, in the pubic interest, and is required in order to study and/or implement the local project or program, and

WHEREAS, under Chapter 55, Section 1 and 2, of the Laws of 2000 relating to the Local Assistance Budget, the Legislature has authorized financial assistance to localities for services and expenses related to local projects, programs and studies by means of a written agreement, and

WHEREAS, the Municipality has examined and duly considered Chapter 55, Section 1 and 2, of the Laws of 2000 relating to the Local Assistance Budget and deems it to be in the public interest and benefit under this law to enter into a contract therewith.

NOW, THEREFORE, BE IT RESOLVED, by the Schuyler County Legislature:

1. That the Chairman of the Legislature is directed and authorized as the official representative to act in connection with any contracts between the Municipality and the State, and to provide such additional information as may be required.

2. That one (1) certified copy of this Resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York together with the State Contract.

3. That this Resolution take effect immediately.

VOTE: Passed 8-0.

RESOLUTION NO. 171A Motion by Hastings, Second by Karius.

RE: MOTION TO AMEND BY SUBSTITUTION/AUTHORIZE CREATION OF CONFIDENTIAL SECRETARY TO THE COUNTY ADMINISTRATOR - FAILED

WHEREAS, the position of Personal Secretary to the Legislature is important to the creation of the County Administrator’s Office, and

WHEREAS, the county is unsure of the budget losses for 2001. The legislative position of Personal Secretary should be made vacant on a temporary basis to be reviewed after six months.

NOW, THEREFORE, BE IT RESOLVED, that the position of Confidential Secretary to the County Administrator be hereby created and placed in Grade Level B of the Management/Confidential Salary Plan and authorizes the filling of same in accordance with established rules of the Schuyler County Personnel Office, and

BE IT FURTHER RESOLVED, that the Personal Secretary to the Legislature position be made vacant on a temporary basis, effective April 24, 2001, to be reviewed in six months.

DISCUSSION: Legislator Hastings offered a substitute resolution. Legislator Bleiler said, in essence, this is to layoff a person in the Legislative Office to save money in order to hire someone in the Administrator’s Office. This was never his plan. This Legislature for three years has put money in the budget for the Administrator for support services. He voted against everything for three years. However, when the Legislature decided to hire an Administrator and his concerns were overridden by that decision, he agreed to support the position and see that that office was successful. There has been money allocated in the budget for the past three years for support staff. He feels to lay off in one department so that we can hire in another is not prudent and is not fair to that department. It also makes no more sense to take from any other department. He has not seen any workload go to the Administrator’s Office from the Legislative Office. He has asked repeatedly to see the 30% workload that was moved to the Administrator. He feels to cut a whole person from a 2 ¾ office staff is ridiculous. He reviewed some reports and charts from the Legislative Office on workload (on file). Most of the increasing workload shown on these charts has nothing to do with the Administrator’s Office. These are all functions that have to be done in the Legislative Office. All of those activities will continue in the Legislative Office. If anyone can show him where the workload will diminish, please do so. He feels it is not fair to layoff. That one person gives 10 hours to the Buildings and Grounds department. Has anyone thought of that; is that being cut also? We agreed to temporarily share support staff for the Administrator from the Legislative Office for six months. It has now been ten months. He feels another six months is not needed to know that they need to give him his own support staff. He was in favor of sharing services with the County Attorney’s Office and that was rejected. He tried another proposal and that was shot down. If we can not share, then we need to hire support staff. If we do not hire support staff, then we are not supporting the office of the Legislature. Legislator Marvel said he understands the issue, however, the last sentence in the resolution states the position be made vacant on a trial basis and the person occupying that position has the option to move into the County Administrator’s Office and become his secretary. This gives us six months to find out what would come out of each office. Legislator Bleiler said he has talked with the Personnel Officer in regards to these two positions. The Personal Secretary position is exempt and the appointing authority is the Clerk of the Legislature. The position for the County Administrator is Confidential Secretary. It will be competitive and the Personnel Office needs to seek permission from the state to make it exempt. The one position is under the appointing authority of the Clerk of the Legislature. The Legislature can either freeze or remove the money from the budget to declare it vacant. When the Administrator makes his appointment, it can only be temporary until the state responds to the request for exempt status. Terminating or laying off the Personal Secretary position and then offering other employment would entail making sure she meets the minimum qualifications. Legislator Karius said the goals for 2001 are to keep the county budget low, no new hires. She suggested trying this proposal for two months. Legislator Larison said this does not fulfill the needs of the Buildings and Grounds department. Legislator Hastings said this Administrator has been using the Legislative Office staff temporarily since he has been here. If it is not going to work in six months, then look at it again. She questioned how Legislator Bleiler had all of the statistics on workload in the Legislative Office and how they had to distribute the information. She called for the question. Legislator Bleiler said as a legislator everyone should recognize this is an annual report that is given to us each year by that office. It is in your possession. It does not take a lot of research. He does not want to be a legislator if they can not treat employees fairly. He does not feel the budget is bad, the sky is not falling. He feels they are doing pretty good financially.

VOTE: Failed 3-5. Noes: Young, Bleiler, Larison, Bingell, Gifford.

RESOLUTION NO. 171 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE CREATION AND FILLING OF CONFIDENTIAL SECRETARY TO THE COUNTY ADMINISTRATOR - FAILED

WHEREAS, the need to proceed to fill this position necessitates all deliberate speed.

DISCUSSION: Legislator Bingell spoke at length about county employees and the fact that she feels they are spread too thin. She was especially concerned about the vacancies in the Department of Social Services that were denied approval for filling and what affect that would have on the children in need in the community. Legislator Karius expressed concern about increases taxes for the taxpayers. Legislator Marvel recalled including four new people for the Department of Social Services in the 2001 budget, and very quickly after the first of the year, approving the hiring of those four new people. Legislator Young noted that the Department also lost some employees. Legislator Larison felt the Department Heads’ recommendations should not be overlooked even though the County Administrator has the authority to approve or deny filling positions. Legislator Young requested clarification from Commissioner Weiss on his staffing level. Bill Weiss stated that they were able to hire four positions, however one of those caseworkers has been promoted, which created a vacancy. The County Administrator has denied him filling the vacancy. Legislator Hastings noted that there is a process for denials, Department Heads can take the issue to their committee. She expressed concern about the Department of Social Services employees addressing these issues at a Regular Meeting. Legislator Young asked for clarification on the new hiring process that was adopted last month. County Administrator Corl indicated that he does not put a hiring freeze on any department, he either approves or disapproves the filling of a position. When he disapproves filling a position, the Department Heads are able to take the issue to their respective committee. Legislator Young felt, as a committee chairman, that she should have been aware of any disapprovals, and asked to know of these actions in the future. Legislator Bleiler reminded the Legislature that they did appropriate funds for this position in the 2001 budget. The position will not even be filled for a full year. He felt that the situation that occurred in the Department of Social Services, whether just or unjust, should not affect this resolution. He would like to see this resolution passed. Legislator Young made a statement for the record. "The past few months on this Legislature have been more challenging than usual.

My original position two years ago about hiring a county Administrator was very clear. I was not in favor of doing this because of too many other priorities which I felt took precedence in this small county: raising salaries of our workers to a more competitive level, fixing roads and bridges that have been long neglected or put on a waiting list, doing some comprehensive county planning that would help us preserve our natural beauty and our unique wilderness spots, enhancing our agricultural base with various forms of natural capitalism and value-added industry. After sweating through my first budget as a new legislator, I was convinced there was little or no fat in the budget. I admired and respected the many department heads that worked to make that budget as lean and realistic as they possibly could, considering what we have to work with in terms of revenue. As the pressure grew to hire an Administrator to solve all our ills, I even took a trip to Lewis County to find out why they not only terminated their Administrator, they abolished the position. Lewis County is only slightly bigger than Schuyler County (27,000), has an agricultural base, and has no cities. Lowville, a village, is their county seat. A lot of parallels exist. When the majority here voted to install a county Administrator in spite of my trepidation, I tried my very best to join in the spirit of the plan. I have tried to help make this a positive process because this is not about me. It would be a terrible waste of money were this position to fail. Now I really feel we have some serious problems making this position fit. I heard it said over and over again….having an Administrator will save us money. How? If the revenues do not increase appreciably above and beyond what we had the political fortitude to do…raise the sales tax along with a slight increase in the population and the business community. How can an Administrator make any difference? The salary of this position along with office space and now a full-time secretary is completely out of local share….no state aid here folks. It is now getting clear how the money for this position is to be obtained. Just when were you going to tell the Human Services Committee about the 90-day review of the Caseworker and the Data Entry position that you imposed, Mr. Corl? You seem to know how to contact us for other things….why not this ? This is rude and tacky at best.

We have just lost a first class Supervising Caseworker, our Deputy Commissioner is having some health problems, and we have a vacancy in the PINS caseworker position, and this is all being tied to negotiations? This, with Hot Line calls escalating by the pot full? Departments are being squeezed until they bleed good people right out the doors in the Health, the Human Services, and many other areas. Every time I come to this building, I hear yet another problem in personnel being pressured one way or another. Is that how we are to pay for this position? We are losing our community in this building. This is hardly worth the cost. Let’s quit trying to squeeze blood out of a turnip, let’s quit trying to justify a bad experiment on the backs of our people. Boy, did I make a terrible mistake last month by voting for that resolution to yield such power to a man who must justify his position somehow. I was trying my best to be optimistic in a bad situation. Mr. Larison was the only one of us who had the vision to vote no. I truly wish I had not left him by himself on that vote. There is a limit to how many layers of bureaucracy any small government can endure….you can learn that in any Sociology 101 course. We have exceeded that limit. Lewis County learned their lesson the hard way. It seems Schuyler County cannot learn from the mistakes of others, we also must learn it the hard way."

VOTE: Failed 4-4. Noes: Young, Karius, Bingell, Hastings.

RESOLUTION NO. 172 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE TRANSFER OF FUNDS WITHIN BUDGET FOR WORK STATION EQUIPMENT - OFFICE OF COUNTY ADMINISTRATOR

WHEREAS, there is a need for a computer and monitor for the vacant position of Confidential Secretary to the County Administrator, and

WHEREAS, that equipment had been appropriated within the County Attorney's 2001 Fiscal Year budget for use in a shared position, and

WHEREAS, there are funds available to purchase said equipment due to the unfilled and vacant position.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $2,250 from County Administrator Budget account no. 1230.100-Personal Services to account no. 1230.207-Computer Equipment, to allow for the purchase of this necessary office equipment.

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

RESOLUTION NO. 173 Motion by Bingell, Second by Larison.

RE: AUTHORIZE PROBATION DIRECTOR TO TRAVEL TO BALTIMORE, MARYLAND FOR PRE-APPLICATION WORKSHOP, SUBSTANCE ABUSE WORKSHOP

WHEREAS, the County of Schuyler has received notification that it is eligible to apply for funds to fight substance abuse among the 10-18 year old population, and

WHEREAS, there is a pre-application workshop scheduled in Baltimore, Maryland, on April 6, 2001, and

WHEREAS, the Planning Committee for said grant, the Public Safety Committee of this Legislature, and the County Administrator all feel it would be beneficial for the Probation Director to attend said workshop.

NOW, THEREFORE, BE IT RESOLVED, that the Probation Director, Ronald Alexander, be hereby authorized to travel to Baltimore, Maryland, to attend said pre-application workshop, leaving on 4/5/01 and returning on 4/7/01; funding available in the 2001 Probation budget.

VOTE: Passed 8-0.

RESOLUTION NO. 174 Motion by Bingell, Second by Larison.

RE: CONSENT TO SEND LETTER OF INTENT, SUBSTANCE ABUSE GRANT - PROBATION

WHEREAS, substance abuse among youth in Schuyler County is growing at an alarming rate, and

WHEREAS, the County of Schuyler has received notification that it is eligible to apply for funds to fight substance abuse among the 10-18 year old population, and

WHEREAS, in order to apply for said funding, it is necessary to submit a letter of intent no later than May 18, 2001, and

WHEREAS, the materials have been reviewed by the Public Safety Committee and County Administrator and it is believed it is in the best interests of the county to submit said letter of intent.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the Planning Committee for said grant to submit a letter of intent to the Reclaiming Futures National Program Office, subject to the approval of the County Administrator and Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 175 Motion by Bingell, Second by Larison.

RE: AUTHORIZE TEMPORARY APPOINTMENT OF ASSISTANT DISTRICT ATTORNEY

WHEREAS, the salaried part-time Assistant District Attorney will be resigning his position sometime towards the end of April, 2001, and

WHEREAS, the District Attorney recommends discontinuing the contractual agreement for legal services and appointing that person to fill the vacated Assistant District Attorney position temporarily full-time.

NOW, THEREFORE, BE IT RESOLVED, that the District Attorney be authorized to fill the Assistant District Attorney position temporarily on a full-time basis, and

BE IT FURTHER RESOLVED, that John C.T. Hayes be appointed as Assistant District Attorney on a temporary full-time basis effective June 1, 2001 at a salary of $45,438, and

BE IT FURTHER RESOLVED, that the contractual arrangement for Assistant District Attorney services be discontinued.

VOTE: Passed 8-0.

RESOLUTION NO. 176 Motion by Hastings, Second by Karius.

RE: AUTHORIZE TRANSFER OF FUNDS FOR TRIAL EXPENSES – DISTRICT ATTORNEY

WHEREAS, the District Attorney’s Office has incurred trial expenses in the matter of "The People of the State of New York versus J. Horein" in the amount of $6,461.63, and

WHEREAS, money has been appropriated in the contingency fund account for this purpose.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer funds from the Contingency Account no. 1990.500 to District Attorney account no. 1165.443-Witness Fees/Trial Expense, in the amount of $6,461.63 for the purpose of paying said expenses.

VOTE: Passed 8-0.

RESOLUTION NO. 177 Motion by Hastings, Second by Karius.

RE: AUTHORIZE FILLING OF COOK POSITION – SHERIFF’S DEPARTMENT

WHEREAS, it has been over one year since the position of Cook (Temporary) at the County Jail has been filled, and

WHEREAS, from time to time it is necessary for someone to cook in the absence of the part-time Cook.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill a position of Cook on an as needed basis, funding available in the 2001 Jail budget to cover the same.

VOTE: Passed 8-0.

RESOLUTION NO. 178 Motion by Hastings, Second by Karius.

RE: RESCIND RESOLUTION NO. 580-00 AND 99-01 AND AUTHORIZE AN AMENDED CONTRACT FOR LEGAL SERVICES - DISTRICT ATTORNEY

WHEREAS, there is currently a contract for legal services between the District Attorney and John C.T. Hayes, Esq., with a term of January 1, 2000 through December 31, 2001, and

WHEREAS, the District Attorney has requested that paragraph number "6" of the contract with John C.T. Hayes, Esq. be hereby amended to include compensation in the amount of $22,000.00 from January 1, 2001 through December 31, 2001 and total retroactive compensation for November 1, 2000 through December 31, 2000 in the amount of $1,208.34, payment of such to be made according to the schedule contained in paragraph number "6" of said amended contract. Said increase to be fully funded by Aid to Prosecution Grants from the NYS Division of Criminal Justice Services, and

WHEREAS, the District Attorney has further requested that paragraph number "8" of said contract be amended to states as follows: "This Agreement shall be retroactive and shall have taken effect as of November 1, 2000 and shall continue until December 31, 2001, subject to renewal by the parties upon such renegotiated terms as they shall decide."

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amended professional services contract between Schuyler County and John C.T. Hayes, Esq. for legal services provided to the District Attorney’s Office. The term of the contract shall be retroactive running from November 1, 2000 through December 31, 2001. The total annual payment under the contract shall be $22,000.00 for January 1, 2001 through December 31, 2001 and retroactive compensation in the amount of $1,208.34 for November 1, 2000 through December 31, 2000, to be paid according to the schedule contained in paragraph number "6" of said contract. The contract shall expressly state that it is contingent upon receipt of Aid to Prosecution grants from New York State sufficient to fund the position at the sole discretion of the District Attorney, and that the contract is subject to review by the County Administrator and approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that Resolution Nos. 580-00 and 99-01 which previously amended this contract be hereby rescinded.

VOTE: Passed 8-0.

RESOLUTION NO. 179 Motion by Larison, Second by Bingell.

RE: AUTHORIZE RENEWAL AGREEMENT WITH WATKINS GLEN INTERNATIONAL FOR RADIO MAINTENANCE FOR THE YEAR 2001 – EMERGENCY MANAGEMENT

WHEREAS, the Schuyler County emergency radio system provides the county with emergency communications for fire/police/ambulance, and that system needs to be maintained for the safety of the citizens.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a maintenance agreement with Watkins Glen International to provide maintenance and service for the equipment specified in the contract at a cost of $475 per month. The contract will have a term of one year from date of acceptance. Funding is available in Emergency Management account no. 3689.453-Radio Maintenance; agreement subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 180 Motion by Larison, Second by Bingell.

RE: AUTHORIZE INCREASE IN CONTRACT WITH ELIZABETH CORLEY AND AMEND BUDGET – COUNTY ATTORNEY

WHEREAS, the Department of Social Services (DSS) generated workload associated with the second Assistant County Attorney cannot be supported by in-office secretarial services which are already fully-committed, and

WHEREAS, the County Attorney’s Office no longer has additional secretarial support at James P. Coleman’s private office due to its closure on 12/31/00, and

WHEREAS, the second Assistant County Attorney can add secretarial services to her private office in the same manner as the County Attorney did for over 20 years, and

WHEREAS, providing secretarial support through a contract versus hiring an employee saves on fringe benefit expenses.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amended contract with Elizabeth Corley in the amount of $10,000 (prorated through 12-31-01) in support of 100% DSS dedicated contractual secretarial services to be arranged by the Second Assistant County Attorney as soon as possible, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2001 Budget for the County Attorney’s Office as follows:

AMOUNT                   ACCOUNT NO.         DESCRIPTION
+ $ 10,000                   1420.435                     Professional Fees/Svcs.
+ $ 10,000                   1420-1265                   Attorney Fees

DISCUSSION: Legislator Hastings said Chemung County has many part-time attorneys with one secretary. This Legislature continues to give, and she will not support this resolution. Legislator Bleiler said he believes this is a position that was incorporated into a contract before and it is up to them to add that back in. Legislator Karius said she thought the Social Services Commissioner was going to look into revenues. Bill Weiss, Commissioner of Social Services, explained that Resolution No. 198 addresses that.

VOTE: Passed 6-2. Noes: Karius, Hastings.

RESOLUTION NO. 181 Motion by Larison, Second by Bingell.

RE: AUTHORIZE CONTRACT WITH VERIZON – BUILDINGS AND GROUNDS

WHEREAS, the Watershed Department has moved from the County Office Building to the Rural Urban Center, and

WHEREAS, there are no available telephone lines at the Rural Urban Center for the Watershed Department to use.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Verizon for the Buildings and Grounds Department for four additional telephone lines for the term February 16, 2001 through February 16, 2002, funding available in the 2001 Buildings and Grounds budget account no. 1610.439-Telephone; subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 182 Motion by Larison, Second by Bingell.

RE: AUTHORIZE TWO-YEAR APPOINTMENTS

PLANNING COMMISSION

Ed Gates – Farming Representative

ENVIRONMENTAL MANAGEMENT COUNCIL

Richard Hurley – Town of Orange

VOTE: Passed 8-0.

RESOLUTION NO. 183 Motion by Larison, Second by Bingell.

RE: AUTHORIZE APPOINTMENTS FOR THE DIRECTOR OF PLANNING

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Danielle Hautaniemi to the Agriculture & Farmland Protection Board and the Schuyler County Industrial Development Agency as an Ex-Officio member to replace the former Director of Planning, and

BE IT FURTHER RESOLVED, that she be appointed as Schuyler County’s representative to the Open Space Advisory Committee for Region 8.

VOTE: Passed 8-0.

RESOLUTION NO. 184 Motion by Larison, Second by Bingell.

RE: AUTHORIZE APPOINTMENTS FOR SCHUYLER HEADSTART BOARD OF DIRECTORS AND THE CHILD CARE COORDINATING COUNCIL

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Sharon Bingell as the Legislative Representative to the Schuyler Headstart Board of Directors and the Child Care Coordinating Council, and

BE IT FURTHER RESOLVED, that the appointment will begin April 9, 2001 through December 31, 2001 and fulfill the term of Legislator Ruth Young.

VOTE: Passed 8-0.

RESOLUTION NO. 185 Motion by Bingell, Second by Larison.

RE: APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Schuyler County Youth Board for the term January 1, 2001 through December 31, 2003:

YOUTH BOARD

Jeff Lydon
Katie Oates
Angeline Caldwell
Cyndi Reagan

VOTE: Passed 8-0.

RESOLUTION NO. 186 Motion by Bingell, Second by Larison.

RE: AUTHORIZE AGREEMENT WITH HEALTH CARE COMPLIANCE ENTERPRISE - MENTAL HEALTH

WHEREAS, the Public Health/Home Health Agency is currently contracting with Health Care Compliance Enterprise for Corporate Compliance Consultation Services through the S²AY Network, and

WHEREAS, it is desirable to develop a comprehensive compliance program for the Mental Health Department, in an amount not to exceed $6,500.

NOW, THEREFORE, BE IT RESOLVED, that this Chairman of the Legislature be hereby authorized to contract with Health Care Compliance Enterprise for the development of a Comprehensive Compliance Program for the Mental Health Department, in an amount not to exceed $6,500.00, funding available in the 2001 Mental Health Budget, account no. 4310.435-Professional Fees/Svcs., effective immediately through 12/31/02; subject to the review of the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 187 Motion by Bingell, Second by Larison.

RE: DECLARE APRIL AS ALCOHOL AWARENESS MONTH – MENTAL HEALTH

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

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

WHEREAS, the efficacy of such treatment and prevention efforts in minimizing the financial and human costs of chemical abuse to communities is being increasingly recognized throughout the country.

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

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

VOTE: Passed 8-0.

RESOLUTION NO. 188 Motion by Bingell, Second by Larison.

RE: RECOGNITION OF NATIONAL NURSES WEEK – PUBLIC HEALTH

WHEREAS, the 2.6 million registered nurses in the United States comprise our nation’s largest health care profession, and

WHEREAS, the depth and breadth of the registered nursing profession meets the different and emerging health care needs of the American population in a wide range of settings, and

WHEREAS, the American Nurses Association, as the voice for the registered nurses of this country, is working to chart a course for a healthy nation that relies on increasing delivery of primary and preventive health care, and

WHEREAS, a renewed emphasis on primary and preventive health care will require the better utilization of all of our nation’s registered nursing resources, and

WHEREAS, professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients, and

WHEREAS, the demand for registered nursing services will be greater than ever because of the aging of the American population, the continuing expansion of life-sustaining technology, and the explosive growth of home health care services, and

WHEREAS, more qualified registered nurses will be needed in the future to meet the increasing complex needs of health care consumers in this community, and

WHEREAS, cost-effective, safe and quality health care services provided by registered nurses will be an ever more important component of the U.S. health care delivery system in the future.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby recognizes the week of May 7^th – 13^th as National Nurses Week 2001 and asks all residents join them in honoring the registered nurses who care for all of us, and

BE IT FURTHER RESOLVED, that the community celebrate nurses’ accomplishments and efforts to improve our health care system and show our appreciation for all our community’s nurses at Schuyler County Public Health, Schuyler County Mental Health Clinic, Schuyler Hospital, The Falls Home, Schuyler Hospital’s Skilled Nursing Facility, local Schools and Doctor’s offices.

VOTE: Passed 8-0.

RESOLUTION NO. 189 Motion by Bingell, Second by Larison.

RE: AUTHORIZE AMENDMENT TO THE 2001 COUNTY BUDGET – MENTAL HEALTH

WHEREAS, the Office of Mental Health has allocated $191,000 to reduce the bond amount for the original construction of the Schuyler County Mental Health Clinic at Mill Creek, and the following budget modifications are required.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Schuyler County Treasurer to amend the 2001 County budget accordingly as follows:

Revenue 4310-3490 $191,000
Rent 4310.446 $191,000, and

BE IT FURTHER RESOLVED, that this Legislature authorizes the payment of $191,000 to the Schuyler County Community Services Board to be applied to the bond. It is understood there is no additional cost to the County.

VOTE: Passed 8-0.

RESOLUTION NO. 190 Motion by Bingell, Second by Larison.

RE: AUTHORIZATION TO CREATE AND FILL STAFF PSYCHIATRIST - MENTAL HEALTH

WHEREAS, Schuyler County is part of a Federal and State designated underserved area for certain health care professionals, including psychiatrist, and

WHEREAS, Schuyler County Mental Health Clinic has typically experienced difficulty in recruiting and retaining psychiatric coverage, and

WHEREAS, the volume of services provided by the Mental Health Clinic has outgrown the current psychiatric coverage of .5 FTE, and

WHEREAS, the opportunity exists to obtain the services of a full-time psychiatrist through the Federal and State program for underserved areas, and

WHEREAS, Resolution No. 398-98 authorized the creation of said position, and funding is available in the current clinic budget to pay for such services, without any additional cost to the County.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the filling of the Staff Psychiatrist position through the underserved health professional program, and

BE IT FURTHER RESOLVED that the salary for such position be placed at $100,000 according to Resolution No. 34-99, and

BE IT FURTHER RESOLVED, that this Legislature authorizes the Director of Community Services/Public Health to fill the position of Staff Psychiatrist with an individual who has the necessary training and who meets the qualifications for the underserved health professional program, effective July 1, 2001.

VOTE: Passed 8-0.

RESOLUTION NO. 191 Motion by Bingell, Second by Young.

RE: AUTHORIZE CREATION AND FILLING OF DEPUTY LEVEL POSITION – PUBLIC HEALTH

WHEREAS, there has been tremendous growth in the areas of public health which has vastly increased responsibility for this department, and

WHEREAS, the capacity to manage the administration in this department has not increased to keep up with the demand, and in fact, administration and managerial capacity has drastically reduced.

WHEREAS, it is essential for the continuation and future stability of this department that a deputy level position be created to begin preparing administrative staff for planned changes, and

WHEREAS, funding is available in the year 2001 County Budget to support such growth.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the creation, advertising, and filling of a full-time deputy level position in the Public Health Department, and that this position be placed in the Management & Confidential Salary Plan at Grade Level H, with a salary range of $36,326 to $43,705, effective immediately.

DISCUSSION: Legislator Bleiler thought the two fiscal accounting specialists positions would become part of the deputy duties. Duane Spilde, Director of Public Health/Community Services, said he has investigated his options thoroughly and feels this is the best recommendation. These positions require a great deal of clinical expertise, not financial expertise.

VOTE: Passed 5-3. Noes: Karius, Marvel, Hastings.

RESOLUTION NO. 192 Motion by Bingell, Second by Young.

RE: AUTHORIZE CREATION AND FILLING OF DEPUTY LEVEL POSITION – MENTAL HEALTH - FAILED

WHEREAS, there has been tremendous growth in the areas of mental health which has vastly increased responsibility for this department, and

WHEREAS, the capacity to manage the administration in this department has not increased to keep up with the demand, and in fact, administration and managerial capacity has drastically reduced.

WHEREAS, it is essential for the continuation and future stability of this department that a deputy level position be created to begin preparing administrative staff for planned changes, and

WHEREAS, funding is available in the year 2001 County Budget to support such growth.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the creation, advertising, and filling of a full time deputy level position in the Mental Health Department, and that this position be placed in the Management & Confidential Salary Plan at Grade Level H, with a salary range of $36,326 to $43,705, effective immediately.

VOTE: Failed 4-4. Noes: Karius, Marvel, Hastings, Gifford.

RESOLUTION NO. 193 Motion by Bingell, Second by Young.

RE: AUTHORIZE AMENDMENT TO AGREEMENT WITH PATHWAYS - MENTAL HEALTH

WHEREAS, it is the mission of the Schuyler County Mental Health Clinic, supported by the New York State Office of Mental Health, to enhance client and/or family participation in the provision of mental health services, and

WHEREAS, the Schuyler County Community Services Board contracts with Pathways for the provision of respite services, and it is desirous to amend their agreement to provide these parent consultant services on behalf of Schuyler County Mental Health Clinic.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to amend the agreement with Pathways, Inc. for the provision of parent consultant services in the Mental Health Department, in an amount not to exceed $2,500, funding available in the 2001 Mental Health Budget, account no. 4310.435, effective immediately through 12/31/01; to be renewed annually, subject to review of the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 194 Motion by Karius, Second by Bingell.

RE: AUTHORIZE AGREEMENT WITH CORNELL COOPERATIVE EXTENSION – PUBLIC HEALTH

WHEREAS, in attempts to reduce/remove standing water where mosquitoes may breed, it is desirous to contract with Cornell Cooperative Extension to assist them in their third consecutive Used Tire Collection Day, and

WHEREAS, West Nile Virus is a concern for the Public Health Department and this fits into their mission to eliminate mosquito breeding areas.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into an agreement with Cornell Cooperative Extension to assist them in their Used Tire Collection Day, in the amount of $1.25 per tire not to exceed a total cost of $6,000; funding available in the 2001 Public Health budget, account no. 4010.435-Professional Fees/Svcs., effective immediately through 12/31/01; to be renewed annually, subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 195 Motion by Karius, Second by Bingell.

RE: AUTHORIZE AMENDMENT TO 2001 ALCOHOLISM SERVICES AGREEMENT AND 2001 COUNTY BUDGET – MENTAL HEALTH

WHEREAS, the Office of Alcoholism and Substance Abuse Services has approved additional funding for the 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 Chairman of the Legislature be hereby authorized to execute an amendment to the 2001 agreement with The Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc., subject to review of the County Administrator and approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED that the County Treasurer be authorized to amend the 2001 County budget, as follows:

Revenue 4322-3490 $ 13,747
Council on Alcoholism 4322.0550 $ 13,747

VOTE: Passed 8-0.

RESOLUTION NO. 196 Motion by Karius, Second by Bingell.

RE: AUTHORIZATION TO FILL SUPPORTIVE CASE MANAGER POSITIONS – MENTAL HEALTH

WHEREAS, the Schuyler County Mental Health Clinic has two vacant Supportive Case Manager positions which have been vacant for over 120 days and requires legislative approval to fill.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services/Public Health to fill the two Supportive Case Manager Positions, Grade 26, $15.02 per hour in the 2001 Salary schedule, in the Mental Health Clinic, effective immediately; funding is available in the year 2001 budget.

VOTE: Passed 8-0.

RESOLUTION NO. 197 Motion by Larison, Second by Bingell.

RE: AUTHORIZE FILLING OF AN ASSISTANT COOK POSITION – OFFICE FOR THE AGING

WHEREAS, one of the two Cook Managers positions at the Office for the Aging has become vacant, and

WHEREAS, the Office for the Aging Director would like to fill the position of Assistant Cook and abolish the now vacant Cook Manager position.

NOW, THEREFORE, BE IT RESOLVED, that the Office of the Aging be authorized to fill an Assistant Cook position, Grade Level III, at an hourly rate $9.47, effective immediately and abolish the vacant Cook Manager position.

VOTE: Passed 8-0.

RESOLUTION NO. 198 Motion by Larison, Second by Bingell.

RE: AUTHORIZE CONTRACT RENEWAL WITH THE COUNTY ATTORNEY’S OFFICE FOR LEGAL SERVICES – DEPARTMENT OF SOCIAL SERVICES

WHEREAS, the Department of Social Services has contracted with the Schuyler County Attorney’s Office for Child Support Enforcement and other legal services, and

WHEREAS, the County Attorney’s Office is now going to provide Child Protective Services as well through the addition of an attorney and secretarial support, and

WHEREAS, the secretarial support was not budgeted for in the 2001 budget, and

WHEREAS, the Department of Social Services can receive $5,250 in state and federal aid to offset this cost, with the remaining shortfall to be taken from Contingency account.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the County Attorney’s Office for the Department of Social Services for the term January 1, 2001 through December 31, 2001; subject to review by the County Administrator and approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $4,750 from Contingency account no. 1990.500 to Social Services account no. 6010.435-Professional Fees/Svcs., and

BE IT FURTHER RESOLVED, that the Social Services budget for the year 2001 be amended to reflect the additional expense and state aid, as follows:

                        AMOUNT                   ACCOUNT NO.                     DESCRIPTION
                        $5,250                         6010.435                                 Professional Fees/Svcs.
                        $4,000                         6010-3610                               Federal Aid Administration
                        $1,250                         6010-4610                               State Aid Administration

VOTE: Passed 7-1. No: Hastings.

RESOLUTION NO. 199 Motion by Larison, Second by Bingell.

RE: AUTHORIZE INCREASE IN 2001 HEAP BUDGET – DEPARTMENT OF SOCIAL SERVICES

WHEREAS, New York State has authorized additional benefits to HEAP recipients, and

WHEREAS, the Department of Social Services needs additional funds budgeted to pay these benefits, and

WHEREAS, HEAP benefits are reimbursed with 100% Federal aid.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services 2000 Budget be amended as follows:

AMOUNT                   ACCOUNT NO.                     DESCRIPTION
+$ 200,000                  6141.400                                 HEAP Expenditures
+ $200,000                  6141-4641                               Federal Aid – HEAP

VOTE: Passed 8-0.

RESOLUTION NO. 200 Motion by Bingell, Second by Marvel.

RE: AMEND RESOLUTION NO. 514-00 AUTHORIZING A CONTRACT WITH CATHOLIC CHARITIES FOR THE RUNAWAY AND HOMELESS PROGRAM – YOUTH BUREAU

WHEREAS, Resolution No. 514-00 authorized a contract with Catholic Charities for the Runaway and Homeless Program in the amount of $32,000, and

WHEREAS, the actual amount received from the State for this program will be $29,000, and

WHEREAS, the county share for this program will remain at $8,000.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 514-00 be amended to change the contract amount from $32,000 to $29,000.

VOTE: Passed 8-0.

RESOLUTION NO. 201 Motion by Bingell, 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 Directors to sign all amendments to their County’s approved allocation plans, and

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

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize its Chairman to delegate authority to the Schuyler County Youth Bureau Director to sign OCFS amendments to the 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.

VOTE: Passed 8-0.

RESOLUTION NO. 202 Motion by Bingell, Second by Marvel.

RE: AUTHORIZE HEART 2001 II MINI-GRANT – YOUTH BUREAU

WHEREAS, Heart Disease is the leading cause of death for residents in New York State, and

WHEREAS, in an effort to reduce the risk of heart disease among residents of Allegany, Steuben, and Schuyler County, the Wellness Council of the Southern Tier is offering mini-grants of up to $1,000 to organizations that are actively working to reduce this risk through the implementation of preventive interventions, and

WHEREAS, the Schuyler County Youth Bureau will be applying for this grant in coordination with Cornell Cooperative Extension of Schuyler County, and

WHEREAS, the Schuyler County Youth Bureau and Cornell Cooperative Extension’s Youth Development Department’s proposal shall implement a physical activity intervention with such funds. This means that the proposal shall focus on increasing public access to physical activity in the population or be community targeted, and

WHEREAS, a field trip activity will be held in the County.

NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Youth Bureau is hereby authorized to apply for the Heart 2001 II mini grant and be designated as the project Administrator, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to said grant; subject to review by the County Administrator and approval by the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Treasurer be hereby authorized to establish the appropriate line items for the grant upon final receipt of the same.

VOTE: Passed 8-0.

RESOLUTION NO. 203 Motion by Larison, Second by Marvel.

RE: RESOLUTION IN RECOGNITION OF THE ODESSA-MONTOUR INDIANS GIRLS HIGH SCHOOL BASKETBALL CLASS D STATE CHAMPIONSHIP

WHEREAS, the Odessa-Montour Indians Girls High School basketball team has won the Section IV, Class D, State Championship, and

WHEREAS, the achievement of this title has brought the community together in celebration of this hometown victory, and

WHEREAS, with all the pressures youth face today, it is heartening to see these young people be so dedicated and committed to teamwork and physical fitness in order to achieve a worthy goal.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes and congratulates the Odessa-Montour Indians Girls High School basketball team in their victory of attaining the Section IV, Class D, State Championship.

ODESSA-MONTOUR GIRLS VARSITY BASKETBALL

Coach Frank Gavich
Asst. Coach Greg Gavich
Allison Bloom
Stefanie Collins
Tracy Cooper
Stephanie Cross
Christie Emerson
Anna Feliciano
Cristen Hill
Amber Hoffman
Cara Mundt
Jill Pevo
Val Richardson
Jenny Thomason
Tiffani Van Zile

VOTE: Passed 8-0.

RESOLUTION NO. 204 Motion by Larison, Second by Bingell.

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

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

VOTE: Passed 8-0.

RESOLUTION NO. 205 Motion by Bingell, Second by Larison.

RE: PROCLAIM WEEK OF APRIL 22-28, 2001 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 22-28, 2000 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. 206 Motion by Bingell, Second by Larison.

RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY HIGHWAY UNIT

WHEREAS, representatives of the County have engaged in Collective Bargaining with the Civil Service Employees Association, Inc. for employees in the Schuyler County Highway Unit, and

WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years 2000 and 2001 was reached with respect to employees in the Schuyler County Highway Unit, and

WHEREAS, the President of the Highway Unit CSEA has verbally confirmed on April 9, 2001 that the agreement has been duly ratified by the employees of the aforesaid bargaining unit; subject to written confirmation.

BE IT FURTHER RESOLVED, that the Chairman of this Legislature be hereby authorized to execute the aforementioned agreement.

VOTE: Passed 8-0.

RESOLUTION NO. 207 Motion by Bingell, Second by Larison.

RE: RESOLUTION IN SUPPORT OF S.2101 TO AMEND THE HIGHWAY LAW, IN RELATION TO THE TEMPORARY DISCONTINUANCE OF SNOW AND ICE REMOVAL FROM SEASONAL LIMITED USE HIGHWAYS

WHEREAS, Highway Law Section 205-1 subdivision (2) defines a seasonal limited use highway as those town highways which do not provide access to occupied residents or commercial buildings, and

WHEREAS, the cost to maintain these roads in the potentially severe weather months of November through April is a great financial burden to towns when there is limited use of the roadways and no need for residential access, and

WHEREAS, currently, Highway Law allows for towns to close seasonal roads from December 1^st to April 1^st, and

WHEREAS, Senator John R. Kuhl has introduce S. 2010 to amend the Highway Law to increase the calendar for closing seasonal roads from November 1^st to May 1^st.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports Senate Bill 2010, 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, Inter-County Association of Western New York, NYSAC, and all other deemed appropriate.

VOTE: Passed 8-0.

RESOLUTION NO. 208 Motion by Bingell, Second by Larison.

RE: RESOLUTION IN OPPOSITION OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY’S PROJECT TO DREDGE THE UPPER HUDSON RIVER

WHEREAS, the NYS Fish and Wildlife Management Board recently voted to oppose the plan of the United States Environmental Protection Agency to undertake dredging of the upper Hudson River to remove sediments contaminated by PCBs from the former General Electric plant at Fort Edward, New York, and

WHEREAS, the NYS Fish and Wildlife Management Board feels that dredging will stir up remnant deposits, increasing PCB levels in the water and fish and wildlife in the short term. There is no real plan for transportation and disposal of the dredged sediments, and the huge costs associated with dredging do not appear to be justified.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby opposes the United States Environmental Protections Agency’s plan to dredge the upper Hudson River, and encourage them to consider the environmental impact of conducting said project, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature be directed to send certified copies of this resolution to New York State Fish and Wildlife Management Board, United State Environmental Protection Agency, New York State Department of Environmental Conservation, New York State Department of Agriculture and Markets, New York State Conservation Council, Inc., Farm Bureau of New York, New York State Grange, New York State Forest Practice Board, New York State Soil and Water Conservation Committee, Inter-County Association of Western New York and NYSAC.

DISCUSSION: Legislator Bleiler asked for an explanation on this resolution. Legislator Larison explained that this recommendation came from the Fish and Wildlife Management Board. He would like to take this resolution to the Inter-County Association meeting on April 20, 2001. Legislator Bleiler said he has all due respect for the Fish and Wildlife Management Board, but he has not heard anything from the Environmental Protection Agency. There must be another side to this issue. Legislator Young said she, too, has environmental concerns. Legislator Hastings suggested that this resolution be tabled and that the Environmental Management Council be asked to review and provide their recommendation.

VOTE: Failed. 4-4. Noes: Bleiler, Marvel, Hastings, Gifford.

NEW BUSINESS:

Appointment to Negotiations Teams Chairman Gifford explained that action is not needed on this. Being a part of the negotiation team is part of the County Administrator’s job description. Legislator Hastings said she thought the county was terminating the contract with Harter, Secrest and Emery, and that is what needed action. Legislator Bleiler said he is baffled about this now. The Legislature has given the County Administrator the directive to finish the budget in a timely manner and has made him the head negotiator for negotiations, however, will not give him clerical support staff. Chairman Gifford said he understood that the county would keep the contract with Harter, Secrest and Emery for legal advice. County Administrator Corl said he asked the Assistant County Attorney this afternoon about the need for a resolution and was advised that a resolution would muddy a very clear local law, which identified very plainly the duties and responsibilities of his position as County Administrator. Assistant County Attorney Morris explained that there was a question presented as to whether or not there needed to be a resolution to appoint Jim Corl as County Administrator, to the negotiating team. He has determined that is not necessary. Chairman Gifford said they are not changing the team, this is just to define who will be doing the face-to-face negotiations.

UNFINISHED BUSINESS: None.

REPORT ON STANDING COMMITTEES:

Legislator Hastings reported on the Public Safety/Criminal Justice Committee. She attended a Drug Court held in Canandaigua with other county officials and sat in on one of their sessions. She also met the city judge personally who handles the drug court. She felt he was impressive and had experience on how to handle a drug court. She intends on having Kathy Chaplen, who handles drug courts, come to committee and she will invite all legislators so they can hear how it all works. Our District Attorney feels we could not have a drug court like the City of Canandaigua because our county is small and it would not work. Schuyler County Judge JC Argetsinger was impressed with the system. He is willing to look at it and work on it. It would save a great deal of money for local governments and would work towards rehabilitation and getting to the bottom of the problem. She then showed the new Catharine Valley Trail logo to the Legislature. The Village of Watkins Glen and the Village of Montour Falls are on board with the trail. Weiler Mapping is doing the mapping for the trail. She also reported that the firemen are still discussing benefits for volunteers. Senator Kuhl has introduced legislation to target recruitment and is asking for income tax reduction for the volunteers. He is looking to authorize municipalities to issue real property tax reductions, and also exempting them from registration for vehicles used for service and other things, such as health insurance.

Legislator Young reported on the Human Services Committee. She reported that what used to be the Tompkins-Tioga Electric & Gas Alliance is now the Municipal Electric & Gas Alliance. Broome and Otsego Counties have joined the Alliance. The Alliance obtains electrical service for member local governments, school districts, small businesses and residents in these four counties. Competition in the retail electricity business is beginning to grow and the Alliance has chosen to go with the Advantage Energy of Hamburg, NY in the Buffalo area. They used to be with NYSEG Solutions since August 1999, when consumers could first shop for an electricity supplier. The potential savings are subtle. The difference in the bids came down to how the two companies would share with customers the credit given by utilities such as NYSEG that actually deliver the power through their distribution lines. Under deregulation, utility companies have split off their power generation plants and have sold them. They now buy power from wholesalers and deliver it. Other companies specialize in buying the power and marketing it. Residential members of the alliance will save about three-tenths of a cent per kilowatt hour according to Gordon Boyd of the Saratoga Springs consulting firm advising the power alliance. They do not pay sales tax on the delivery charge. The net is a 4% to 6% savings over the two-year agreement. It is not a huge savings, but it is money in the pocket. Advantage Energy has a web site that constantly monitors wholesale prices to get the cheapest price while also having contracts with generating companies to get its power. NYSEG charges a $10 fee to residential customers switching power providers, to cover some of the administrative costs of making sure customers are billed properly. Information about joining the power alliance is available from Jennifer Luu at 273-1913.

Legislator Larison reported on the Public Works Committee. He reported that the Soil & Water Conservation District received over $809,000 in grant funds last year for the community. He also reported that he recently attended a conference in Syracuse, and learned about the Coordinated Children Services Initiative. There are a number of different departments working together for the benefit of kids. He feels it is a good idea. To learn more, there will be a meeting held at the Elks Club on April 12, 2001 at 9:30 a.m.

Legislator Marvel reported on the Community Development and Natural Resources Committee. The Director of Planning, Danielle Hautaniemi, just recently received the American Institute of Certified Planners Award. Legislator Hastings suggested sending a letter of congratulations from the Legislature.

MOTION by Legislator Marvel, SECOND by Legislator Hastings to write a letter of congratulations to Danielle Hautaniemi. Motion carried eight ayes to zero noes.

Legislator Bingell reported on the Health Services Committee. She reported there will be an open house held for the Youth Bureau at the Rural Urban Center on Saturday, April 28, 2001. On May 12, 2001, from 10:00 a.m. to 12:00 p.m., at the Schuyler Arc, the Public Health Department will be sponsoring a Birthday Party for all children born in Schuyler County during the year 2000. This will provide an opportunity for parents to get to know what services Public Health offers and will allow Public Health to inform the parents about early childhood development. All legislators are cordially invited to attend. Also, the spring rabies clinics have been scheduled and will begin on May 2, 2001. A copy of the schedule is available in the Legislative Office. On March 23, 2001, the Public Health Department held an informational breakfast for physicians, their nursing staff, school nurses and other community professionals at the Schuyler Arc. They were given updated information about all the children’s programs, such as Early Intervention, Children with Special Health Care Needs, Lead Screening, Child Health Plus, Car Seat Program and the Bike Helmet Program. On Sunday, April 29, 2001, the Public Health Department will begin meetings with the general public to inform them of the same programs.

PUBLIC PARTICIPATION:

Charlene Pelow responded to Legislator Hastings comments about employees attending tonight’s meeting. She said they have the right to speak when something is happening.

Bob Burnside stated, as a member of the Community Services Board, he knows that Duane Spilde would not ask for help he does not need. He feels it is only proper and necessary to hire the people he needs.

Robin Thoman stated that the secretarial position for County Administrator and her position have been bounced around a lot in the past couple of months. She thought once she would be expected to work in three different departments. Some legislators have not been talking about the position, they have talking about her. During the last two months, she has been forced to look for employment elsewhere. She can not take any more chances. She will have to resign from her position of Personal Secretary.

The Meeting adjourned at 9:02 p.m.

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

SPECIAL MEETING
APRIL 10, 2001

The April 10, 2001 Special Meeting of the Schuyler County Legislature was called to order at 4:30 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 Legislator Karius and Legislator Young. Assistant County Attorney Morris and County Administrator Corl were also present.

PUBLIC PARTICIPATION: None.

RESOLUTION NO. 209 Motion by Larison, Second by Marvel.

RE: RATIFICATION OF SPECIAL MEETING

1. Authorize Creation and Filling of Confidential Secretary to the County Administrator.

VOTE: Passed 6-0.

RESOLUTION NO. 210 Motion by Hastings, Second by Bingell.

RE: AUTHORIZE CREATION AND FILLING OF CONFIDENTIAL SECRETARY TO THE COUNTY ADMINISTRATOR

WHEREAS, the need to proceed to fill this position necessitates all deliberate speed.

VOTE: Passed 6-0.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 4:33 p.m.

Gail M. Hughey, Clerk

REGULAR MEETING
MAY 14, 2001

The May 14, 2001 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except Legislator Bingell who was excused. County Attorney Coleman and County Administrator Corl were also present.

PUBLIC PARTICIPATION: None.

RESOLUTION NO. 211 Motion by Marvel, Second by Hastings.

RE: APPROVE MINUTES OF THE APRIL 9, 2001 REGULAR MEETING AND APRIL 10, 2001 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the April 9, 2001 Regular Meeting and April 10, 2001 Special Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 7-0.

RESOLUTION NO. 212 Motion by Bleiler, Second by Young.

RE: AUTHORIZE FILLING VACANCY FOR DATA ENTRY MACHINE OPERATOR - DEPARTMENT OF SOCIAL SERVICES - FAILED

WHEREAS, the Department of Social Services (DSS) has a vacant Data Entry Machine Operator position, and

WHEREAS, this position is in the Social Services budget and is partially reimbursed with state and federal aid, and

WHEREAS, the Data Entry Machine Operator’s duties are not limited to simply entering data. The duties include troubleshooting problems, providing technical assistance, keeping up-to-date and being proficient in several different DSS computer systems including those for Temporary Assistance, Food Stamps, Children’s Protective Services, Foster Care, Adult Services, Child Care Review System, Adoption, Medical Assistance, MMIS, Cash Management System, and Benefits Issuance and Control System, and

WHEREAS, training a new person takes several weeks, and

WHEREAS, the Data Entry Unit performs vital functions for the department and if DSS lost the other employee of this unit, DSS would be severely restricted in its ability to fulfill its duties, and

WHEREAS, Schuyler DSS is aware that some other counties may use higher grade-level employees to do some of this work, but the system in Schuyler County is efficient, cost-effective and may decrease the incidence of fraud and abuse, and

WHEREAS, Resolution No. 136-01 established a hiring directive that requires vacancies to be filled by Resolution of this Legislature should the County Administrator deny the filling of such vacancy.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services is authorized to fill its vacant Data Entry Machine Operator position.

DISCUSSION: Legislator Young feels these two positions are badly needed. She hopes the Legislature approve filling them. She handed out an organizational chart outlining positions in the department of Social Services. She explained that the School Intervention Program position is vacant due to promotions. The Schuyler County Chamber of Commerce’s Long Range Plan touches on this issue along with the Social Services Consolidated Services Plan. The Consolidated Services Plan was to begin the Families First Program with three departments involved to better serve our young people. This program seems to be stalled at home plate. She reminded the legislators that the Social Services budget of $7.4 million has 48 full-time employees serving a 20,000 person population. Legislator Marvel said he understands the frustration, however, the county has an Administrator now and he has asked for ninety days to complete a review of the Social Services Department by going to various counties to collect information. He has not been able to do that yet. Before the research is done, he can not support either position at this time. He does understand the need to act on these positions and hopes the Administrator is working on his investigation, and he will hold him to the ninety day timeline. Legislator Young asked the Administrator what he has investigated so far. Jim Corl said he does not have a summary yet, it is not complete. He has only been able to talk to one county so far. Legislator Bleiler said he applauds the Administrator for his efforts to compare the counties to find the most efficient way to run a government. He feels it is not right to take a given department and reduce its staff in the middle of the year. He feels it needs to be a pro-active study. He believes the study should be done first and then make the recommended improvements. He feels they should not sit on vacant positions while studying. Legislator Larison feels if there is a hiring freeze on one department, there should be a freeze on all departments. He can not support one and not the other. He heard that there is a shortfall in the budget and this will help. He does not believe that is true. He feels they are spending more money by not filling positions. Chairman Gifford stated that there is not a hiring freeze in effect. Legislator Hastings said she just recently sat down for three days to review the Mental Health and Public Health departments. The Administrator and herself called the Director in, and they went through the problems to find the best possible solution. That department head worked with them, and they got through it. She feels there were some good decisions made and there was no scene about it. She is discouraged. She gets upset with the fact that people are discussing certain departments and not others. The legislators are here to protect the public interest and make sure programs are efficient. She feels there needs to be a handle on the Social Services Department. She would like to vote against these positions until the department is scrutinized, however, there is work that will not get done if the positions are not filled. She will have to support the ninety days until she finds a solution. Legislator Young stressed the fact that these employees can not keep being put through this. These positions require a lot of training and experience. She asked Mr. Weiss, Commissioner of Social Services, to speak on the issue. Mr. Weiss said he has moved people around to meet the needs. He feels that is why he was hired. He determines where the needs are. He is trying to fill the PINS position and let non-mandated positions go. This is to do preventive services. If he is being criticized for moving positions around, he does not know what to say. They are required by the court to provide mandated preventive services. Legislator Hastings asked the Administrator if he had worked on these changes with Mr. Weiss. Jim said this is the first time he has seen this organizational chart. Legislator Young stated that the chart has been available for a year, with some name changes. Legislator Larison asked the Administrator when he would finish his study. Jim said it may not be in ninety days. With what happened today in sales tax, the report is $28-29,000 less than budgeted amounts. This concerns him especially if within the next forty-five to sixty days this trend continues. It brings attention to the concern about the revenue stream. Legislator Larison asked if there were any positions he would support on the agenda tonight. Jim said he has not been requested to make a ruling on any other positions. He could comment when each one is discussed.

VOTE: Failed 3-4. Noes: Marvel, Hastings, Karius, Gifford.

RESOLUTION NO. 213 Motion by Bleiler, Second by Young.

RE: AUTHORIZATION TO FILL VACANT CASEWORKER POSITION, CHILDREN’S SERVICES – SOCIAL SERVICES - FAILED

WHEREAS, the Department of Social Services has a vacant caseworker position (PINS Diversion) in the Children’s Services unit due to the promotion of Teresa Wodarski to Senior Caseworker, and

WHEREAS, the County Administrator has recommended the vacancy be reviewed in 90 days before granting approval to fill, and

WHEREAS, the number of hotline reports continues to grow, with the projection for 2001 to be approximately 400 reports, a 15% increase over 2000 (349 reports in 2000), and

WHEREAS, it requires 4-6 months before a new caseworker can be assigned cases due to the training requirements, and

WHEREAS, the PINS Diversion caseworker position is essential due to a memorandum the Department has with the Probation Department to be actively involved in PINS Diversion, and

WHEREAS, in order to accommodate the required workload, the School Intervention Program (SIP) caseworker position will not be filled, thus reducing the Department’s preventive services to only that which is mandated, and

WHEREAS, Resolution No. 136-01 established a hiring directive that requires vacancies to be filled by Resolution of this Legislature should the County Administrator deny the filling of such vacancy.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to fill the vacant caseworker position created as the result of Teresa Wodarski being promoted to Senior Caseworker.

VOTE: Failed 3-4. Noes: Marvel, Hastings, Karius, Gifford.

RESOLUTION NO. 214 Motion by Bleiler, Second by Young.

RE: AUTHORIZE AGREEMENT WITH NYS DEPARTMENT OF TRANSPORTATION - HIGHWAY

WHEREAS, the Highway Superintendent and the Public Works Committee agreed to assist in opening up State Route 224 (Odessa Hill) and,

WHEREAS, Senator John R. Kuhl, Jr. has sponsored an initiative for the Schuyler County Highway Department in the total amount of $ 26,400.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents with the New York State Department of Transportation relative to securing the above funds; subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 215 Motion by Larison, Second by Marvel.

RE: ACCEPT/REJECT BIDS FOR TREE & STUMP REMOVAL

WHEREAS, Resolution No. 59-00 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 23, 2001.

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

                                                            Lake to Lake Tree Service
                                                            Oakwood Lane
                                                            Penn Yan, NY 14527, and

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

                                                            Newman Supply
                                                            5065 Eckles Road
                                                            Campbell, NY 14821

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

VOTE: Passed 7-0.

RESOLUTION NO. 216 Motion by Larison, Second by Marvel.

RE: AUTHORIZE INTER-MUNICIPAL AGREEMENT WITH MUNICIPAL ELECTRIC AND GAS ALLIANCE (MEGA)

WHEREAS, Federal and State laws and regulations now in effect have resulted in the restructuring of certain electric and gas utilities, thereby making possible cost savings by public agencies through joint procurement, and

WHEREAS, the Municipal Electric and Gas Alliance, formed by resolutions of Tompkins and Tioga Counties, dated December 17, 1998, was created specifically to facilitate the availability of electric and gas and other forms of energy to the consumers within the participating municipalities, at the best price and most efficient means of delivery, and

WHEREAS, the Alliance, by resolutions of the counties, and pursuant to Articles 5-G and 14-G of the General Municipal Law, has authorized the addition of other municipal corporations, districts and public agencies to the Alliance by consent of the existing members, and under written terms agreeable to the Alliance and the Agency, and

WHEREAS, it is the desire of the participating municipalities to save expense and enhance program coordination by utilizing the expertise of energy procurement consulting services on a cooperative, joint basis, and

WHEREAS, it is the desire of the participating municipalities to procure energy commodities, electricity and/or gas, and/or energy services through the procurement process managed by the Alliance.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to enter into an Inter-Municipal Agreement with the Municipal Electric and Gas Alliance for the joint procurement of electricity, natural gas and energy services for a term expiring December 31, 2005; agreement subject to review by the County Administrator and approval of the Schuyler County Attorney.

DISCUSSION: Legislator Marvel stated that he has a short informational sheet to hand out for anyone who is interested. It is an example of how the savings can occur.

VOTE: Passed 7-0.

RESOLUTION NO. 217 Motion by Larison, Second by Marvel.

RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.1629 AND ASSEMBLY BILL A.2617 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.1629 and Assembly Bill A.2617 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 Assembly and Senate.

DISCUSSION: Legislator Bleiler wanted the public to know that this Resolution is just to extend the current 8% sales tax, not to increase it another 1%.

VOTE: Passed 7-0.

RESOLUTION NO. 218 Motion by Karius, Second by Bleiler.

RE: AUTHORIZE TRANSFER OF FUNDS FOR CONSULTANT – COUNTY ADMINISTRATOR

WHEREAS, the County Administrator’s Office was directed to research information that required consultation with an auditing firm.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $925 from Contingency account no. 1990.5 to County Administrator account no. 1230.435-Professional Fees and Services, to cover the above-described expense.

VOTE: Passed 7-0.

RESOLUTION NO. 219 Motion by Karius, Second by Bleiler.

RE: AMEND RESOLUTION NO. 6-01/DESIGNATED DEPOSITORIES

WHEREAS, Resolution No. 6-01 listed the amount that could be deposited in the banks designated as depositories for Schuyler County funds at $5,000,000, and

WHEREAS, at certain times of the year that amount limits the ability to receive the best interest rate on these funds.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 6-01 be amended to increase the amounts from $5,000,000 to $8,000,000 for Schuyler County’s designated depositories.

VOTE: Passed 7-0.

RESOLUTION NO. 220 Motion by Karius, Second by Bleiler.

RE: DECLARE EQUIPMENT SURPLUS – COUNTY DEPARTMENTS

WHEREAS, there are various pieces of equipment from county departments that are no longer needed due to replacement.

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

BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor remove said equipment and place in storage for inclusion in the annual County Auction.

BOARD OF ELECTIONS

One (1) Acer Computer Monitor S/N M134t268782PI
One (1) Acer Computer S/N 1JBTA174358FAERE

OFFICE FOR THE AGING

One (1) 16mm Movie Projector S/N 0263126

PROBATION

One (1) Hon Swivel, brown w/arms
One (1) Steelcase, Brown
One (1) Blue Cloth on casters

VOTE: Passed 7-0.

RESOLUTION NO. 221 Motion by Marvel, Second by Bleiler.

RE: DECLARE EQUIPMENT JUNK – VARIOUS DEPARTMENTS

WHEREAS, there are various pieces of equipment from county departments that are no longer needed due to replacement and are no longer operable.

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

BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor remove said paper shredder and dispose in the proper manner.

PROBATION

One (1) Boston Paper Shredder
One (1) IBM Selectric Typewriter                    S/N      1982737
One (1) Gateway Monitor                                S/N      15009A520341
One (1) Digital Computer                                 S/N      KA524AYLAM
One (1) Viewsonic Monitor                              S/N      A153762202PI
One (1) Panasonic Printer                                 S/N      9AKAAJ36961
One (1) IBM Selectric II Typewriter                 S/N      25539750648

HIGHWAY

One (1) Gateway 17" Monitor S/N 17004A285282

EMERGENCY MANAGEMENT

Three (3) Folding Metal Chairs

BUILDINGS AND GROUNDS

One (1) Advance Upright Vacuum S/N 1044271
One (1) Milwaukee Grinder S/N 62724221

VETERANS SERVICE AGENCY

One (1) Canon Copier S/N ND210302

OFFICE FOR THE AGING

One (1) Vulcan Gas Range
One (1) Starwriter Printer S/N 059031
Six (6) 4-Line Duofone 411 Phones
Eight (8) Phones

YOUTH BUREAU

One (1) Sharp Copier S/N EMF17926

RECORDS MANAGEMENT

One (1) Globe Master Shredder S/N GC05710

VOTE: Passed 7-0.

RESOLUTION NO. 222 Motion by Marvel, Second by Bleiler.

RE: AUTHORIZE FILLING OF LABORER PART-TIME POSITION – SHERIFF’S DEPARTMENT

WHEREAS, from time to time it is necessary for the part-time Laborer at the animal shelter to be away from his position, and

WHEREAS, it is necessary on a daily basis to keep the shelter clean and free from disease, and

WHEREAS, it has been over 120 days since the vacant Laborer part-time position has been filled.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill the part-time Laborer position for the animal shelter. This position has no impact on the 2001 budget.

DISCUSSION: Legislator Larison asked the Administrator if he supported Resolutions No. 222 & 223. Jim stated that they are per-diem positions, and he does support them. Legislator Larison said if they did not fill these positions they would save money. Jim said the dog shelter will still have to be cleaned up and we will have to pay someone to do it. Legislator Marvel stated that at the present time, the Administrator is looking at Social Services, not the Sheriff’s Department. When he does look at the Sheriff’s Department, maybe the same thing will happen. Legislator Young stated that a loss of sales tax affects all departments equally. Legislator Hastings said the Legislature had already asked the Sheriff to wait six months to fill a position. Legislator Larison said he can not support other departments when penalizing others.

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

RESOLUTION NO. 223 Motion by Marvel, Second by Bleiler.

RE: AUTHORIZE FILLING COOK PART-TIME POSITION – SHERIFF’S DEPARTMENT

WHEREAS, it is necessary for the part-time Cook at the County Jail to be away from her position at various times throughout the year and it is necessary to have someone available to fulfill these duties in her absence, and

WHEREAS, it has been over 120 days since the vacant Cook part-time position has been filled.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill the part-time Cook position for the County Jail. This position has no impact on the 2001 budget.

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

RESOLUTION NO. 224 Motion by Hastings, Second by Karius.

RE: AUTHORIZE FILLING DEPUTY SHERIFF PART-TIME POSITIONS – SHERIFF’S DEPARTMENT

WHEREAS, it has been over 120 days since the vacant part-time Deputy Sheriff positions have been filled due to the fact that there was no Civil Service list from which to appoint.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill five (5) part-time Deputy Sheriff positions. These positions have no impact on the 2001 budget.

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

RESOLUTION NO. 225 Motion by Hastings, Second by Karius.

RE: AUTHORIZE FILLING OF DISPATCHER POSITION – SHERIFF’S DEPARTMENT

WHEREAS, Schuyler County created a dispatcher position in the year 2000 budget which could not be filled due to the fact that the Civil Service Examination was not given until recently.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill the vacant Dispatcher position from the current Civil Service list. Such appointment will have no impact on the 2001 budget.

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

RESOLUTION NO. 226 Motion by Hastings, Second by Karius.

RE: AUTHORIZE CONTRACT WITH FINGER LAKES NATIONAL FOREST – SHERIFF’S DEPARTMENT – AS AMENDED

WHEREAS, the Schuyler County Sheriff’s Department has contracted for several years with the Finger Lakes National Forest for increased patrol during the summer months, and

WHEREAS, the hourly rate for this service has increased to $18 per hour.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with the Finger Lakes National Forest for patrol services for six years as set forth above; subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 227 Motion by Karius, Second by Marvel.

RE: AUTHORIZE TRANSFER OF FUNDS FROM SEIZED ASSETS – SHERIFF’S DEPARTMENT

WHEREAS, the Schuyler County Sheriff’s Department policy eliminates most high-speed pursuit chases except when absolutely necessary for the protection of public life, and

WHEREAS, such pursuit chases incur liability for the Department and the County, and

WHEREAS, devices are available to end these pursuit chases by laying a strip of specialized sticks across the road to deflate the tires of the car being pursued, and

WHEREAS, such devices end the high-speed pursuit almost immediately, and

WHEREAS, there is money available in the Seized Assets account to purchase said devices.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $2,230 from Seized Asset Reserve no. 3121 to Sheriff Seized Assets account no. 3121.201-Misc. Equipment for the purchase of speed sticks for the sheriff patrol cars.

VOTE: Passed 7-0.

RESOLUTION NO. 228 Motion by Karius, Second by Marvel.

RE: AUTHORIZE SHERIFF TO HIRE RETIRED POLICE AND CORRECTIONAL OFFICERS

WHEREAS, 209 V of the General Municipal Law allows for any political subdivision to authorize the law enforcement agency of such political subdivision to employ retired former members of police or sheriffs departments, or state police, or former correction, parole or probation officers for the purpose of providing special patrolmen in publicly owned property within such political subdivision, including property of a school district in order to protect the property or persons on such premises.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to employ such personnel for the purposes of protection of public property. Such employment will not effect the current 2001 budget.

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

RESOLUTION NO. 229 Motion by Karius, Second by Marvel.

RE: APPROVE APPLICATION FOR CORRECTED TAX ROLL- PHENES

WHEREAS, the application for corrected tax roll was made in accordance with Section 554 of the Real Property Tax Law,(RPTL) alleging that an assessment on the tax roll for parcel 92.-1-2 in the Town of Orange was based on a nonexistent improvement, and

NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved and that the incorrect amount of $2,220.92 for parcel 92.-1-2 be removed from the tax roll, and

BE IT FURTHER RESOLVED, that the 2001 County/Town tax roll be corrected to reflect a tax due amount of $1,470.96 for the above parcel, plus any interest and penalties, and that the warrant be adjusted accordingly, resulting in a chargeback to the Town of Orange of $236.21, to the Bradford Central School of $203.94, and per the County $295.53 to Uncollectable (A342) and $14.28 to Interest and Penalties, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to the Town of Orange Clerk/Tax Collector and the Bradford Central School Treasurer.

VOTE: Passed 7-0.

RESOLUTION NO. 230 Motion by Marvel, Second by Karius.

RE: APPROVE APPLICATION FOR CORRECTED TAX ROLL - REYNOLDS AND HEAL

WHEREAS, application has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) alleging that an assessment on the tax roll for parcel 108.-1-22.1, in the Town of Catharine, was based on an unprocessed parcel split, and

WHEREAS, the Real Property Tax Director has reviewed the application and has determined that this error constitutes an error in essential fact as defined in Section 550 3(b) of the RPTL, and has recommended that the application be approved.

NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved and that the amount of $375.67 for parcel 108.-1-22.1 be divided on the tax roll as follows and that the warrant be adjusted accordingly:

Parcel #                                    108-1-22.12                108.-1-22.11
                                                Reynolds                      Heal
Assessment:                              $15,000.00                  $6,500.00
Taxes:              County             138.68                        60.10
                        Town               101.27                        43.88
                        Fire Dist.          22.14                          9.60
                        Svce. Chg.       2.62

Total: $ 262.09 $ 113.58 plus penalty & interest

1^st installment - $ 191.60 paid 1/31/01

Due 7/1/01 $ 73.11, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to the Town of Catharine Clerk/Collector.

VOTE: Passed 7-0.

RESOLUTION NO. 231 Motion by Marvel, Second by Karius.

RE: AUTHORIZE LETTERS OF AGREEMENT WITH THE VILLAGES FOR THE COUNTY TO PROVIDE TAX BILL PROCESSING – REAL PROPERTY TAX AGENCY

BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign Letters of Agreement with the Villages of Montour Falls, Odessa, and Watkins Glen, for the County to provide tax bill processing for the year 2001 at the rate of twenty-five cents per bill; subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 232 Motion by Marvel, Second by Karius.

RE: AUTHORIZE AGREEMENT WITH CORNING COMMUNITY COLLEGE FOR MOSQUITO SURVEILLANCE – PUBLIC HEALTH

WHEREAS, the Schuyler County Public Health Department has been meeting with NYS Department of Health and neighboring counties in planning efforts relative to the West Nile Virus, and

WHEREAS, mosquito surveillance is being planned for this year, since mosquitoes are known to be the vector of the virus, and

WHEREAS, the science department of Corning Community College has qualified personnel to assist with the surveillance activities during 2001.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to approve an agreement to be renewed annually on a calendar year, with Corning Community College to provide mosquito surveillance effective immediately through 12/31/2001, in an amount not to exceed $5000, funding available in the 2001 Public Health Budget, account number 4010.400; subject to the review of the County Administrator and the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 233 Motion by Young, Second by Karius.

RE: AMEND 2001 COUNTY BUDGET – PUBLIC HEALTH

WHEREAS, notification has been received from Health Research, Inc. authorizing up to $5,000 to support West Nile Virus surveillance activities and public and professional education activities.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to amend the 2001 Public Health Department Budget as follows:

+ $5,000 4010.400 Contractual Expense

+ $5,000 4010-1689 Other Health Department Income, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into any and all necessary agreements to effectuate the above; subject to review by the County Administrator and approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 234 Motion by Young, Second by Karius.

RE: AUTHORIZE APPOINTMENTS TO THE ALCOHOLISM AND SUBSTANCE ABUSE SUBCOMMITTEE – MENTAL HEALTH

WHEREAS, vacancies exist on the Alcoholism and Substance Abuse Subcommittee.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the appointment of the following individuals to the Alcoholism and Substance Abuse Subcommittee of the Community Services Board for the terms indicated below:

Wilfred Baez Term Ending December 31, 2004
Casey Creamer Term Ending December 31, 2004

VOTE: Passed 7-0.

RESOLUTION NO. 235 Motion by Young, Second by Karius.

RE: PROCLAIM MONTH OF MAY AS "MENTAL HEALTH MONTH"

WHEREAS, Schuyler County Mental Health Clinic provides Outpatient Mental Health Services, Adult and Children’s Case Management Services and Children and Youth Intensive Case Management Services in Schuyler County, and

WHEREAS, Elmira Psychiatric Center provides a Socialization Program, Intensive Case Management Services, and Intensive Psychiatric Rehabilitation Treatment to adults in Schuyler County, and

WHEREAS, Gateways provides Community Residence Program, Supportive Apartments and Intensive Supportive Apartments for mentally impaired individuals in Schuyler County, and

WHEREAS, Pathways, Inc. provides respite services for children and youth and operates the REACH Family Based Treatment Program, and

WHEREAS, the Schuyler County Mental Health Association actively promotes education and other activity in support of mental health programs, and

WHEREAS, the Community Services Board and the Mental Health Subcommittee of the Community Services Board are responsible for mental health programming and services in Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature proclaim that May is 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. 236 Motion by Karius, Second by Hastings.

RE: AUTHORIZE FILLING OF SUPERVISING SOCIAL WORKER POSITION – MENTAL HEALTH

WHEREAS, the Schuyler County Mental Health Clinic has a vacant Supervising Social Worker position which has not been filled in over 120 days.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the Director of Community Services to fill the vacant Supervising Social Worker position, Grade 31, $21.18 per hour, in the Mental Health Clinic, effective immediately; funding is available in the year 2001 budget.

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

RESOLUTION NO. 237 Motion by Karius, Second by Hastings.

RE: AUTHORIZE FILLING OF CLINICAL WORKER POSITION – MENTAL HEALTH - FAILED

WHEREAS, the Schuyler County Mental Health Clinic has a vacant Clinical Worker position, which can be filled with a Staff Social Worker or a Senior Staff Social Worker, and has not been filled in over 120 days.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services to fill a Staff Social Worker position, Grade 28, $17.08 per hour, or the Senior Staff Social Worker position, Grade 29, $18.44 per hour, in the Mental Health Clinic, effective immediately; funding is available in the year 2001 budget.

VOTE: Failed. 4-3. Noes: Larison, Marvel, Young.

RESOLUTION NO. 238 Motion by Karius, Second by Hastings.

RE: APPOINTMENT – EARLY INTERVENTION OFFICIAL – PUBLIC HEALTH

WHEREAS, the Early Intervention Official position is presently filled by Duane Spilde, Director of Public Health/Director of Community Services, and

WHEREAS, Marcia Kasprzyk, Director of Patient Services, Public Health, has coordinated in the Early Intervention Program in Public Health since inception of the program.

NOW, THEREFORE, BE IT RESOLVED, that Marcia Kasprzyk be appointed as the Early Intervention Official for Schuyler County effective immediately.

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

RESOLUTION NO. 239 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE ADVERTISING FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM 7/1/01 - 6/30/02 - 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 be hereby authorized to advertise for bids for the transportation of preschool children with disabilities from July 1, 2001 through June 30, 2002, 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 Wednesday, May 30, 2001. The bids will be opened on Thursday, May 31, 2001. Acceptance or rejection of bids will be done at the June 11, 2001 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids.

DISCUSSION: Legislator Marvel said he would like to see the Senior Staff Social Worker taken out of the resolution. MOTION by Legislator Marvel, no second. Legislator Bleiler asked the Personnel Officer if she approved of this resolution. Doris Craig, Personnel Officer, said it contains two different titles in two different grades. The department head is not sure what applications he will receive. This allows him to hire one or the other.

VOTE: Passed 7-0.

RESOLUTION NO. 240A Motion by Larison, Second by Bleiler.

RE: MOTION TO AMEND RESOLUTION NO. 240 – FAILED

BE IT RESOLVED, that Resolution No. 240 be amended to make the appointment temporary for six months.

DISCUSSION: Legislator Bleiler said he would like to see Resolution 240 amended to make it a temporary appointment. This is one position that serves two departments. He met with the Administrator and the two department heads involved. He explained that they looked at options and obviously there is work that has to get done, such as the telephone bills. He is not sure how it will get done. He believes there is a need for someone in Buildings and Grounds and feels there is an equally strong need for someone in the Legislative Office. He feels this amendment would be a good compromise. It would give the Administrator time to evaluate the work- load and to make another recommendation in six months. Legislator Young feels the soon to be full-time secretary in the Administrator’s Office could handle doing the phone bills. Legislator Marvel said he would support a temporary appointment in the Buildings and Grounds Department for six months. MOTION by Legislator Marvel to amend the resolution to only hire temporarily for the Buildings and Grounds Department, SECOND by Legislator Karius. Legislator Bleiler asked the Personnel Officer what ramifications that would cause. Doris Craig explained that the Legislature could authorize the concept tonight, but the position that is vacant is Personal Secretary to the Legislature. If the position is just for the Buildings and Grounds Department then there has to be a new title for that department. Chairman Gifford called for a roll call vote on the motion at hand. Legislator Marvel withdrew the motion to amend. Legislator Bleiler asked the Administrator for his opinion since he was part of the negotiations between the department heads and himself. Jim feels there is a natural link between the Legislative Office and the Administrator’s Office. He has been pursuing that tie. He said the secretary position in Buildings and Grounds is something working correctly now, but is more than an unnatural fit than what he is working on with the Legislative Office. He supports a temporary position for the Buildings and Grounds Department, while solving the problem in the Legislative Office. Legislator Bleiler said he is confused. He thought the solution to the problem was this position temporarily, which was recommended by you. Jim said if he can not pursue the link between his office and the Legislative Office, than a temporary position is something he could support. Legislator Bleiler asked if he meant a temporary position in the Legislative Office. Jim said yes, not preferred, but yes.

VOTE: Failed 3-4. Noes: Marvel, Hastings, Karius, Gifford.

RESOLUTION NO. 240 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE FILLING PERSONAL SECRETARY POSITION – LEGISLATURE/BUILDINGS AND GROUNDS - FAILED

WHEREAS, the Personal Secretary in the Legislative/Buildings and Grounds Departments is resigning her position effective May 18, 2001, and

WHEREAS, Resolution No. 136-01 established a hiring directive that requires vacancies to be filled by Resolution of this Legislature should the County Administrator deny the filling of such vacancy.

NOW, THEREFORE, BE IT RESOLVED, that the Clerk to the Legislature and Building Maintenance Supervisor be hereby authorized to fill the vacant Personal Secretary position, funding available in the departmental 2001 budgets for said pos