NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned application for Communities That Care training and any subsequent contracts, subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: ADOPTION OF THE AMENDED AND RESTATED DEFERRED COMPENSATION MODEL PLAN

WHEREAS, the New York State Deferred Compensation Board (the “Board”), pursuant to Section 5 of the New York State Finance Law (“Section 5”) and the Regulations of the New York State Deferred Compensation Board (the “Regulations”), has promulgated the Model Deferred Compensation Plan for Employees of the Schuyler County (the “Model Plan”) and offers the Model Plan for adoption by local employers, and

WHEREAS, Schuyler County, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of Schuyler County, and

WHEREAS, effective January 1, 2002, the Board amended the Model Plan to adopt provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”) as they apply to the Model Plan and to adopt modifications that update certain administrative provisions to accommodate prospective state-of-the-art methods and procedures, and

WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations, and

WHEREAS, upon due deliberation, the Schuyler County Legislature has concluded that it is prudent and appropriate to amend the Deferred Compensation Model Plan for Employees of Schuyler County by adopting the amended and restated Model Plan.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby amends the Deferred Compensation Plan for Employees of Schuyler County effective January 14, 2002 by adopting the amended and restated Model Plan effective January 1, 2002.

VOTE: Passed 8-0.

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

RE: LOCAL LAW INTRO. NO. 10 OF THE YEAR 2001/LOCAL LAW NO. 1 OF THE YEAR 2002 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR 2002

WHEREAS, a proposed Local Law regarding setting salaries for a certain public officers was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held January 14, 2002 at 7:00 p.m., and

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

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 10 of the Year 2001/Local Law No. 1 of the year 2002, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and

BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 10 of the Year 2001/Local Law No. 1 of the year 2002, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 10 OF THE YEAR 2001/LOCAL LAW NO. 1 OF THE YEAR 2002

A Local Law Setting the Salaries of Certain Public Officers for the year 2002.

Be it enacted by the Legislature of the County of Schuyler as follows:

1. Effective within 45 days hereof, the salaries of the public officers listed below shall be in the amounts herein stated beginning January 1, 2002.

2. The following public officers are subject to the provision hereof:

Personnel Officer $41,615

Conf. Sec. To the County Attorney $30,537

Clerk of the Legislature $35,323

Deputy Clerk of the Legislature $29,522

Purchasing Agent $28,386

Commissioner of Social Services $50,987

Commissioner of Board of Elections $ 2,066

Deputy Comm. of Board of Elections $20,970

3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24.

VOTE: Passed 7-1. No: Hastings.

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

RE: LOCAL LAW INTRO. NO. 11 OF THE YEAR 2001/LOCAL LAW NO. 2 OF THE YEAR 2002 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR 2002

WHEREAS, a proposed Local Law regarding setting salaries for certain public officers was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held January 14, 2002 at 7:10 p.m., and

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

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 11 of the Year 2001/Local Law No. 2 of the year 2002, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and

BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 11 of the Year 2001/Local Law No. 2 of the year 2002, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 11 OF THE YEAR 2001/LOCAL LAW NO. 2 OF THE YEAR 2002

A Local Law Setting the Salaries of Certain Public Officers for the year 2002.

Be it enacted by the Legislature of the County of Schuyler as follows:

1. Effective within 45 days hereof, the salaries of the public officers listed below shall be in the amounts herein stated beginning January 1, 2002.

2. The following public officers are subject to the provision hereof:

Real Property Tax Director $41,350

3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24.

DISCUSSION: Legislator Bleiler feels this position should get an adjustment in the grade also. Legislator Young feels they should move in the direction of reviewing the salary study that has been done for other management positions also. Legislator Bleiler agreed, but noted that if other adjustments are made, and they leave the Real Property Tax Director position in its present grade, it will be out of line. Legislator Hastings said she will not support this local law or the next. She questions a couple of the increases. Legislator Bleiler said that these salary increases are just a cost of living adjustment (COLA). Legislator Hastings feels across the board increases are not right. Legislator Karius suggested voting on each position one at a time and then they could vote yes or no on each. The Clerk advised the legislators that these are management employees in the middle of a term, which requires a local law. The rest of the management employees have already received their raises effective January 1^st.

VOTE: Passed 8-0.

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

RE: AUTHORIZE THE ALTERNATIVES TO INCARCERATION PLAN FOR 2002 – PROBATION

WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the year 2002, 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 2002 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. 26 Motion by Hastings, Second by Larison.

RE: AUTHORIZE SUBMISSION OF LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND GRANT APPLICATION FOR COUNTY CLERK’S OFFICE SHELVING PROJECT

BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all 65contracts relative to a Local Government Records Management Improvement Fund grant application for funds not to exceed the sum of $20,000 for the County Clerk’s Office shelving project; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 27A Motion by Marvel, Second byYoung.

RE: MOTION TO AMEND RESOLUTION NO. 27

BE IT RESOLVED, that Resolution No. 27 be amended to add a third “Whereas” paragraph to read as follows:

“WHEREAS, the Legislature has considered this request and determined that only $45,000 shall be advanced”.

DISCUSSION: Legislator Hastings would like to see Resolution No. 27 discussed again in the Community Development and Natural Resources Committee because she feels the advance should go back down to $40,000. Legislator Bleiler asked Legislator Marvel why there is an increase. Legislator Marvel explained that the Chamber of Commerce needs a definite number to budget for and use as matching funds. The less they ask for, the less they can advertise. He suggested amending it to $45,000. Legislator Hastings expressed concern about up fronting dollars that are received on a quarterly basis. She will not object to voting on this today, but feels it needs to be addressed in future years. She noted that the Chamber asked for $40,000 in advance last year, and in talking to the Director, they could do with less than the $50,000 requested. Legislator Bingell said she supports their request fully.

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

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

RE: AUTHORIZE CONTRACT RENEWAL WITH THE SCHUYLER COUNTY CHAMBER OF COMMERCE FOR ROOM TAX MONIES FOR THE YEAR 2002 – AS AMENDED

WHEREAS, the current contract with the Chamber of Commerce for room tax appropriations expires December 31, 2001, and

WHEREAS, the Chamber of Commerce has requested that $50,000 be advanced, which is an increase of $5,000 from the year 2001, and

WHEREAS, the Legislature has considered this request and determined that only $45,000 shall be advanced.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a renewal contract with the Schuyler County Chamber of Commerce for the term January 1, 2002 through December 31, 2002 for room tax appropriations to be paid as set forth above, said appropriation in the 2002 County budget; subject to the approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT WITH EXCELLUS FOR VISION INSURANCE FOR THE YEAR 2002

BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Excellus Benefit Services (EBS) for vision insurance coverage for county employee groups who choose this coverage for the term January 1, 2002 through December 31, 2002, at a cost of $2.00 per person per month in addition to monthly claims.; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT FOR BILLING SERVICES – SHARED FUEL FACILITY

WHEREAS, Maria Beylo is willing to assist the county with backlogged and current billing for the Shared Fuel Facility (due to medical leave of Sr. Account Clerk Typist) at a cost of $293.75 per month, and

WHEREAS, there are funds available in the Shared Fuel Facility contractual account, and

WHEREAS, it is the recommendation of the Highway Superintendent and Public Works Committee Chairman that this contract be put in place until the return of the Senior Account Clerk Typist from medical disability.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Maria Beylo for Billing services for the Shared Fuel Facility effective 12/1/01- 1/02/02 to complete November and December 2001 Shared Fuel Facility billings, at a cost of $293.75 per month, contract subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: 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, 2002 through December 31, 2002, to wit:

AUDITING COMMITTEE

Delmar Bleiler

CHILD CARE COORDINATING COUNCIL

Sharon Bingell

FIRE SAFETY ADVISORY COUNCIL

Mike McClernon/Tim Hudson – Beaver Dams

Jason Kelly/Curt Connelly – Burdett

Richard Robertson/William Ward – Mecklenburg

Ron Ames, Jr./Larry States – Monterey

Paul Cartwright/Jim Ryan – Montour Falls

Robert Franklin/Todd Thoman – Odessa

Eric Anderson/Al Buckland – Tyrone

Mike Hicks/Scott Eaton – Valois-Logan Hector

Kirk Smith/Charles Smith, Sr. – Watkins Glen

Glenn Larison – Legislator

INTER-COUNTY ASSOCIATION OF WESTERN NEW YORK

Gail M. Hughey

Thomas M. Gifford

Glenn R. Larison

LABOR/MANAGEMENT COMMITTEE

Thomas Gifford

Delmar Bleiler

Jerold Marvel

SULLIVAN TRAIL RESOURCE, CONSERVATION & DEVELOPMENT COUNCIL

Charles Fausold

VOTE: 8-0.

RESOLUTION NO. 31A Motion by Marvel, Second by Young.

RE: MOTION TO AMEND RESOLUTION NO. 31

BE IT RESOLVED, that Resolution No. 31 be amended to remove Legislator Ruth Young from the STCRP & D Human Services Committee and replace her with Legislator Sharon Bingell.

VOTE: Passed 8-0.

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

RE: TWO-YEAR APPOINTMENTS – AS AMENDED

CHAMBER OF COMMERCE BOARD

Ruth Young

COOPERATIVE EXTENSION SERVICE

Jerold Marvel

ENVIRONMENTAL MANAGEMENT COUNCIL

Bruce Adams, Chair

Harold Russell, Town of Dix

Duncan McCarthy, Town of Montour

George Bulin, Town of Reading

Robert C. King, Jr., Village of Watkins Glen

Dan Teed, Member at Large

Carl Peters, Member at Large

John Q. Smith, Member at Large

Patricia Lisk, Schuyler County Planning Commission

Ruth Young, Legislator

FINGER LAKES ASSOCIATION

Ruth Young

FISH AND WILDLIFE MANAGEMENT ACT BOARD

Glenn Larison, Legislator

Delmar Bleiler, Legislator Alternate

Wayne Dimmick, Sportsman Representative

FOREST PRACTICE BOARD

Glenn Larison

STCRP & D HUMAN SERVICES COMMITTEE

Sharon Bingell

LAW LIBRARY BOARD OF TRUSTEES

Patricia Hastings

OFFICE FOR THE AGING ADVISORY COUNCIL

William Anderson, Town of Reading

Beverly Vona, Village of Watkins Glen

Sharon Bingell, Legislator

Thomas Gifford, Chairman of Legislature

PLANNING COMMISSION

Glenn Larison, Town of Catharine

Louis Dickinson, Town of Cayuta

Patricia Lisk, Village of Odessa

FRIENDS OF THE QUEEN CATHARINE MARSH

Ruth Young

SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD

Thomas Gifford, Chairman of Legislature

Ruth Young, Legislator

Jerold Marvel, Legislator

Charles Fausold, Planning Representative

Charles Franzese, Regional Environmental Representative

VOTE: Passed 8-0.

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

RE: THREE-YEAR APPOINTMENTS

RSVP ADVISORY COUNCIL

Delmar Bleiler

SCIDA

John Prendergast

Kevin Murphy

SOIL AND WATER CONSERVATION BOARD

Anthony Specchio, Member-At-Large

YOUTH BOARD

Ronald Alexander, Probation Department

Delmar Bleiler, Legislator

VOTE: Passed 8-0.

RESOLUTON NO. 33A Motion by Bleiler, Second by Marvel.

RE: MOTION TO AMEND RESOLUTION NO. 33

BE IT RESOLVED, that Resolution No. 33 be amended to remove Legislator Delmar Bleiler from the Schuyler Headstart Board and replace him with Legislator Sharon Bingell.

VOTE: Passed 7-1. No: Hastings.

RESOLUTION NO. 33 Motion by Hastings, Second by Bingell.

RE: FOUR-YEAR APPOINTMENTS – AS AMENDED

AGRICULTURE & FARMLAND PROTECTION BOARD

Doris Karius, Legislator

Delmar Bleiler, Legislator

Jim Ochterski, Cooperative Extension

HISTORICAL SOCIETY BOARD OF TRUSTEES

Doris Karius

SCHUYLER HEADSTART BOARD

Sharon Bingell

VOTE: Passed 8-0.

RESOLUTION NO. 34 Motion by Hastings, Second by Bingell.

RE: APPOINTMENTS – BARGAINING UNIT COMMITTEES

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Bargaining Unit Committees for the terms set forth below:

ADMINISTRATIVE UNIT

Thomas Gifford, Chairman of Legislature – 12/31/02

Jerold Marvel, Chairman of Management and Finance – 12/31/02

Sharon Bingell, Chairman of Public Works – 12/31/03

Glenn Larison, Chairman of Public Safety/Criminal Justice – 12/31/05

Gail Hughey, Clerk to Legislature – 12/31/03

Doris Craig, Personnel Officer – 08/11/03

VOTE: Passed 8-0.

RESOLUTION NO. 35 Motion by Hastings, Secodn by Bingell.

RE: APPOINTMENTS – EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Emergency Medical and Highway Safety Committee, for the terms set forth below:

Thomas Gifford, Chairman of Legislature – 12/31/02

Patricia Hastings, Public Safety/Criminal Justice Committee Member – 12/31/02

William Yessman, Stop DWI Coordinator – 12/31/02

Eric Claire, Driver Education – 12/31/03

Charles Franzese, Engineer – 12/31/02

Nicholas Dugo – 12/31/03

Shirley Churches, Deputy EM Coordinator – 12/31/03

William Kennedy, Fire/Ambulance – 12/31/03

Wendy Shutter, Volunteer Ambulance – 12/31/03

VOTE: Passed 8-0.

RESOLUTION NO. 36 Motion by Hastings, Second by Young.

RE: APPOINTMENTS – LOCAL CONDITIONAL RELEASE COMMISSION

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Local Conditional Release Commission for the term 8/1/01-7/31/05, to wit:

Lloyd Prosperi

Grover Odenthal

Sally Summer

VOTE: Passed 8-0.

RESOLUTION NO. 37 Motion by Hastings, Second by Young.

RE: APPOINTMENTS – SCOPED BOARD OF DIRECTORS

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

Ruth Young – 12/31/03

Jerold Marvel – 12/31/02

VOTE: Passed 8-0.

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

RE: APPOINTMENT – CRIMINAL JUSTICE ADVISORY COUNCIL

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Glenn Larison to the Criminal Justice Advisory Council effective immediately.

VOTE: Passed 8-0.

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

RE: APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF ORANGE, PARCEL 60.1-1-7, REAL PROPERTY TAX SERVICE

WHEREAS, a clerical error as defined in Real Property Tax Law Section 550(2)c occurred as the result of a Veteran’s Exemption being omitted, and

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

NOW, THEREFORE, BE IT RESOLVED, that the 2002 Tax Roll be amended to show a Town and County taxable value of $58,400, and that a corrected tax bill #60 be issued in the amount of $1040.95, pending the approval of the Schuyler County Treasurer.

VOTE: Passed 8-0.

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

RE: APPROVE APPLICATION FOR CORRECTED TAX ROLL, TOWN OF MONTOUR, PARCEL 86.7-3-44, REAL PROPERTY TAX SERVICE

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

WHEREAS, a clerical error as defined in RPTL Section 550(2)c occurred as the result of a partially omitted Veteran’s Exemption, and

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

NOW, THEREFORE, BE IT RESOLVED, that the aforementioned application be approved, and that the 2002 Tax Roll be amended to show a Town and County taxable value of $54,000, and that a corrected tax bill #240 be issued in the amount of $751.12, pending the approval of the Schuyler County Treasurer.

VOTE: Passed 8-0.

WITHDRAWN

RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF READING, PARCEL 32.19-1-2, REAL PROPERTY TAX SERVICE - WITHDRAWN

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

WHEREAS, a clerical error as defined in RPTL Section 550(2)h occurred as the result of an incorrect entry on the tax roll of a relevied school tax which has been previously paid, and

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

NOW, THEREFORE, BE IT RESOLVED, that the aforementioned application be approved, and that the 2002 Tax Roll be amended to show no relevied second installment of the school tax, and that a corrected tax bill #427 be issued in the amount of $2,702.95, pending the approval of the Schuyler County Treasurer.

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

RE: AMEND 2002 SALARY SCHEDULE

WHEREAS, salary increases for four Administrative Unit employees were erroneously omitted from the adopted 2002 Salary Schedule.

NOW, THEREFORE, BE IT RESOLVED, that the Schedule of Salaries for 2002, as on file, be amended effective January 1, 2002.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT WITH DAVIDSON & O’MARA LAW FIRM FOR LEGAL SERVICES

WHEREAS, the Management and Finance Committee directed the Schuyler County Attorney to prepare and distribute Requests for Proposals for labor counsel and related services to local law firms and evaluate the responses, and

WHEREAS, several local area firms responded and were analyzed by the County Attorney’s Office, and

WHEREAS, the Schuyler County Legislature has reviewed the results and heard the recommendation of the County Attorney’s Office.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Davidson & O’Mara law firm to provide specialized legal services to the County of Schuyler for the term January 1, 2002 through December 31, 2002 at a cost of $125 per hour, funding available in 2002 budget account no. 1630.435; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 43 Motion by Young, Second by Bingell.

RE: AGREEMENT TO BE LOCAL SPONSOR FOR CLEAN WATER/CLEAR AIR BOND ACT GRANT APPLICATION FOR PROPOSED LAMOKA/WANETA LAKE PROTECTION AND REHABILITATION DISTRICT (SCHUYLER COUNTY)

WHEREAS, the proposed Lamoka/Waneta Lake Protection and Rehabilitation District needs to have a municipality act as their local sponsor for a Clean Water/Clear Air Bond Act grant application, and

WHEREAS, the Planning Department would be the administrator of the grant.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to be the authorized local sponsor for the proposed Lamoka/Waneta Lake Protection and Rehabilitation District (Schuyler County) in the pursuit of Clean Water/Clear Air Bond Act grant funds, subject to the Department of Environmental Conservation approval of the district and all subsequent steps required by law to administer such district, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the grant application.

DISCUSSION: Attorney Coleman explained that the lakes district has been established, however it has not been staffed or funded yet upon his recommendation and the Steuben County Attorney’s recommendation. The Department of Environmental Conservation (DEC) has the final word on the use of SONAR in the lakes and the DEC did not approve the first application submission. He said it makes no sense to fund and staff the district if the DEC is going to object. Legislator Hastings explained that the County Legislature has approved of the district and the State Comptroller has approved it, now our only obligation is monetary. Attorney Coleman said we are obligated to staff and fund the district. He said if the DEC stops things, the Legislature will have a staff and funds and no district. He has read the environmental impact statement. He is advising that the Legislature wait until they hear from DEC. Legislator Larison asked what was meant by staffing. Attorney Coleman explained that this Legislature appoints the members to that board. The people must be contacted and officially appointed and then they can gain access to taxpayers funds. He feels this resolution shows the district that the Legislature is supporting them. Legislator Hastings feels the Legislature should move on and appoint the board.

VOTE: Passed 8-0.

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

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. 45 Motion by Marvel, Second by Karius.

RE: AMEND RESOLUTION NO. 600-01 – ACKNOWLEDGE APPOINTMENT OF STAFF PSYCHIATRIST – MENTAL HEALTH

WHEREAS, Resolution No. 600-01, which acknowledged the appointment of Mihai Dascalu, MD, as Staff Psychiatrist, had the incorrect start date.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 600-01 be amended to reflect the effective date for Mihai Dascalu, MD, to be Monday, January 28, 2002.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT WITH GROUP HEALTH INSURANCE (GHI) FOR DENTAL INSURANCE COVERAGE

BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Group Health Insurance (GHI) for dental insurance coverage for the term January 1, 2002 through December 31, 2002 at the rate of $16.01-Individual and $56.03-Family, funding available in the 2002 budget; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 47 Motion by Marvel, Second by Karius.

RE: APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF READING, TAX MAP #64.8-3-2 - CRANS

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

WHEREAS, a clerical error as defined in RPTL, Section 550(2)h occurred as the result of an entry of a relevied school tax which has been previously paid, and

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

NOW, THEREFORE, BE IT RESOLVED, that the application be approved and that the 2002Tax Roll for the Town of Reading be reduced by $397.13, that a corrected tax bill be issued for Tax Map #64.8-3-2, Bill #2, in the amount of $911.86, and a copy of this resolution be forwarded to the Watkins Glen Central School

VOTE: Passed 8-0.

RESOLUTION NO. 48 Motion by Marvel, Second by Karius.

RE: APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF DIX, TAX MAP #85.-1-62.2 - DICKERSON

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

Law, and

WHEREAS, a clerical error as defined in RPTL, Section 550(2)h occurred as the result of an entry of a relevied school tax which has been previously paid, and

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

NOW, THEREFORE, BE IT RESOLVED, that the application be approved and that the 2002 Tax Roll for the Town of Reading be reduced by $148.68, that a corrected bill be issued for Tax Map #85.-1-62.2, Bill #1320 in the amount of $668.19, and a copy of this resolution be forwarded to the Watkins Glen Central School.

VOTE: Passed 8-0.

NEW BUSINESS: None.

UNFINISHED BUSINESS: None.

REPORT ON STANDING COMMITTEES:

Legislator Hastings reported on the Health Services Committee. She introduced the new Director of Community Services/Public Health. Mr. Roets said he has been reviewing committee minutes in an effort to get up to speed. After over thirty-seven years working with the State, working for the county will be a pleasure.

Legislator Young reported on the Community Development and Natural Resources (CDNR) Committee. Since January 2^nd she has been educating herself on the issues her committee will be addressing. It looks to be a challenge, and she hopes she is up to it. Recently, we have all had concerns about local businesses. Her first priority will be to try to keep Shepard Niles in the county.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 7:40 p.m.

Gail M. Hughey Clerk

Stacy B. Husted, Deputy Clerk

SPECIAL MEETING

JANUARY 23, 2002

The January 23, 2002 Special Meeting of the Schuyler County Legislature was called to order at 8:35 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present except Legislators Young and Bingell who were excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

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

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. Approve Applications for Corrected Tax Rolls.

VOTE: Passed 6-0.

WHEREAS, the Highway Department has two (2) excess Viking One Way Plows, and one (1) Viking Plow Wing, and

WHEREAS, the Highway Superintendent was approached by some of the Towns, who are in need of plows, and who would like to purchase these plows.

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

BE IT FURTHER RESOLVED, that the plows be sold to the Towns by sealed quote.

VOTE: Passed 8-0.

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

RE: AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR 2002 – HIGHWAY

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 2002 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. 57 Motion by Bingell, Second by Larison.

RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE REMOVAL OF COUNTY ROUTE #8 RAILROAD OVERPASS – HIGHWAY

WHEREAS, Schuyler County accepted a proposal for engineering services for the removal of the County Route #8 railroad overpass, and

WHEREAS, the engineering plans are completed, and it is now necessary to advertise for bids for demolition, and

WHEREAS, funding for said project is available in the 2002 budget account no. 5120.325.

NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for the removal of the County Route #8 railroad overpass.

VOTE: Passed 8-0.

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

RE: AUTHORIZE THE CREATION AND FILLING OF A HALF-TIME CLEANER POSITION – BUILDINGS AND GROUNDS

WHEREAS, the Buildings and Grounds Department is in need of a half-time cleaner due to an increased workload, and

WHEREAS, said position shall work 19 hours per week.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the creation and filling of a 19-hour-per-week Cleaner position in the Buildings and Grounds Department at $5.15 per hour, effective immediately.

VOTE: Passed 8-0.

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

RE: AUTHORIZE PAYMENT OF DENTAL CLAIMS FOR EMPLOYEES THAT WERE COVERED UNDER THE SCHUYLER COUNTY SELF-INSURED DENTAL PLAN FOR THE PERIOD 10/1/01 – 12/31/01

WHEREAS, the employees covered by the self-funded dental plan from 10/1/01-12/31/01 have been assured that the dental coverage would be the same as the previous coverage under GHI, and

WHEREAS, some employees have been billed for services provided which would have previously been covered by GHI.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes payment of out-of-pocket expenses employees have been required to pay for covered dental services upon presentation of appropriate documentation verifying the employee’s payment and the covered dental procedure, and

BE IT FURTHER RESOLVED, that these dental payments will be charged to the 2001 Budget, account no. 9060.809.

VOTE: Passed 8-0.

RESOLUTION NO. 60 Motion by Marvel, Second by Bingell.

RE: ADOPT PROCEDURE TO PLACE MANAGEMENT/CONFIDENTIAL EMPLOYEES APPROPRIATELY IN THEIR SALARY RANGE

BE IT RESOLVED, upon recommendation of the Management and Finance Committee, that this Legislature adopt the following procedure in order to place positions in the Management/Confidential Salary Plan appropriately in their salary range, effective 1/1/03, and

BE IT FURTHER RESOLVED, that the 2001 Cost of Living Allowance (3.3%) be added to the adjustment amount of the covered employees when calculating their 2003 salaries, and

BE IT FURTHER RESOLVED, that the attached criteria and salary analysis be hereby adopted by the Schuyler County Legislature.

CRITERIA ADOPTED FOR MANAGEMENT/CONFIDENTIAL SALARY ANALYSIS

BENCHMARK VERSUS ACTUAL

Formula for arriving at Benchmark: Top of salary grade – Minimum of salary grade / 20

Formula for arriving at Actual: Present salary – Minimum of salary grade / years in grade

All sums were rounded.

Formula for arriving at Difference: Benchmark – Actual

Formula for arriving at Adjustment: Difference x Years in grade

Recommendation: Have Personnel Department calculate the exact amount for both benchmark and actual and use the results for the adjustment of salaries.

NOTE 1: Watershed Inspector recently upgraded and has been in new grade one year.

NOTE 2: Real Property Tax Director would not qualify for adjustment if remains in Grade F. Therefore, recommend that we follow through with Management and Finance Committee’s recommendation that he be upgraded to Grade G and allow the adjustment required in that grade.

NOTE 3: Weights & Measures Director prorated to part-time hours. Formula: 15 hours/week equals 3 hours/day, totals 26 work days or 783 hours/year worked. 783 / 1827 (full-time hours) = 43%. Therefore, full-time salary adjustment x .43 = the prorated salary adjustment amount.

NOTE 4: Deputy Commissioner of Board of Elections (BOE) was not recommended for adjustment because this salary is not determined by the Legislature.

NOTE 5: Veteran Services prorated to part-time hours. Formula: 20 hours/week equals 4 hours/day, with 261 works days in a year equals 1044 hours/year worked. 1044 / 1827 (full-time hours) = 57%. Therefore, full-time adjustment x 0.57 = the prorated salary adjustment amount.

NOTE 6: The Director of Community Services/Public Health; Coordinator of Fiscal Operations and Budgetary Planning; Director of Patient Services; Deputy Treasurer; and Undersheriff are not included in the analysis because they were all hired in 2001 or 2002.

MANAGEMENT/CONFIDENTIAL SALARY ANALYSIS

POSITION Benchmark Actual Difference Years in Grade Adjustment

GRADE B

Personnel Clerk 568 0.0 568 2 1136

Deputy Comm. BOE 568 3806 nc 2 0

Conf. Sec’y. D.A. 568 1323 nc 4 0

Conf. Sec’y. Co. Atty. 568 1332 nc 6 0

Deputy EMS Coord. 568 384 184 13 2392

GRADE C

Deputy Bldg. Maint. Supv. 568 836 nc 3 0

Veterans Svcs. Director 568 661 nc 4 (prorated) 0

Personnel Assistant 568 564 4 4 16

Director of Wts. & Meas. 568 177 391 15 (prorated) 2522

Deputy County Clerk 568 541 27 4 108

GRADE D

Purchasing Agent 624 684 nc 2 0

Deputy Clerk of Legislature 624 494 131 5 650

GRADE E

Youth Bureau Director 681 4620 nc 1 0

Coord. Of Information Tech. 681 7373 nc 1 0

Emergency Svcs. Coord. 681 378 304 18 5454

GRADE F

Real Property Tax Director 738 1937 nc 4 0

Building Maint. Supv. 738 706 32 13 416

Clerk of Legislature 738 506 232 7 1624

OFA Director 738 VACANT

Watershed Inspector 738 424 314 1 314

Deputy Highway Super. 738 964 nc 9 0

GRADE G

Deputy Comm. Social Svcs. 795 1039 nc 3 0

GRADE H

Personnel Officer 738 566 172 7 1204

Probation Director 738 499 239 14 3346

Deputy Director Public Health 738 3133 nc 0 0

GRADE I

Highway Superintendent 795 653 142 4 568

GRADE J

Social Services Commissioner 795 1316 nc 4 0

ADJUSTMENT GRAND TOTAL $19,750

ADJUSTMENT GRAND TOTAL WITH 3.3% COLA $20,402

VOTE: Passed 8-0.

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

RE: AMENDMENT TO POLICIES AND PROCEDURES – CLOSING COUNTY OFFICES

WHEREAS, Page 13 of the Schuyler County Policies and Procedures statement on Closing County Offices will be clarified by the addition of language used by New York State recently and reflects Schuyler County’s past practice.

NOW, THEREFORE, BE IT RESOLVED, that the policy should be amended to read as follows:

CLOSING COUNTY OFFICES

The Chairman of the Legislature or any member of the Legislature appointed by the Chairman to act in his/her absence, is hereby authorized and empowered to close all County offices, except those offices required to be kept open by law or by the necessity of having such office open on a twenty-four hour basis, because of inclement weather or any emergency.

*A directed early departure does not require a charge to accruals, however, employees who have left work before a closing announcement is made or who took the day off, are required to charge accruals as usual.

Any employee who is absent from work because of weather conditions, when County Offices have not been closed by the Chairman of Legislature or his/her designee, will be allowed to use personal leave or a vacation day to cover such absence.

*Denotes addition

VOTE: Passed 8-0.

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

RE: AUTHORIZE LONGEVITY PAYMENT CORRECTIONS – ADMINISTRATIVE UNIT CSEA

WHEREAS, incorrect calculations for longevity credits for three employees has been discovered.

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

Tammy Brown 1/1/2000 to 1/27/2002 $269.39

Chris Conley 1/1/2000 to 1/27/2002 $182.70

Tivon Meir 1/1/2001 to 1/27/2002 $123.64, and

BE IT FURTHER RESOLVED, that the funds be charged to the .100 Personal Services accounts of the respective departments 2001 Budgets, and

BE IT FURTHER RESOLVED, that the 2002 Salary Schedule be corrected to reflect the following hourly rate increases:

Tammy Brown $ .11

Chris Conley $ .07

Tivon Meir $ .11

VOTE: Passed 8-0.

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

RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH ADMINISTRATIVE UNIT CSEA FOR WATERSHED INSPECTOR ASSISTANT POSITION

WHEREAS, the Schuyler County Legislature approved a change in work schedule at the request of the Interim Public Health Director and the consent of Chris Conley, Watershed Inspector Assistant.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign the Memorandum of Agreement setting forth the terms of the new schedule.

VOTE: Passed 8-0.

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

RE: AUTHORIZE EXTENSION OF JAIBG GRANT CONTRACT WITH NYS DIVISION OF CRIMINAL JUSTICE SERVICES – PROBATION

WHEREAS, the County of Schuyler was authorized to apply for and accept funding for the Juvenile Accountability Incentive Block Grant (JAIBG) pursuant to Resolution No. 446-99, and for the Chairman to sign the application pursuant to Resolution No. 58-00, and

WHEREAS, all of the funds in the above grant have not been expended and the State of New York Division of Criminal Justice Services has encouraged counties to request an extension in the time permitted to expend such funds.

NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler be authorized to request an extension of the funding for JAIBG funds for the year 2000-2001 to February 28, 2002, and that the Chairman of the Schuyler County Legislature be authorized to sign said extension request; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE ADDITIONAL CASH DRAWER FOR COUNTY CLERK’S OFFICE

WHEREAS, the Department of Motor Vehicles has a newly hired employee, and is in need of the starting cash drawer money in the amount of $100.

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

VOTE: Passed 8-0.

RESOLUTION NO. 66 Motion by Karius, Second by Bingell.

RE: APPROVE APPLICATION FOR REFUND OF TAXES FOR 2000 AND 2001 AND TO DENY APPLICATION FOR REFUND OF TAXES FOR 1999, BROWN, TOWN OF MONTOUR

WHEREAS, application for a refund of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL), for parcel number 86.7-3-44 in the Town of Montour, and

WHEREAS, the Real Property Tax Director has determined that the partially omitted Veterans Exemption constitutes a clerical error as defined in RPTL Section 550(2)(c), and

WHEREAS, it is the recommendation of the Director of the County Real Property Tax Service and the Governmental Operations Committee to approve this application for 2000 and 2001, and to deny this application for 1999.

NOW, THEREFORE, BE IT RESOLVED, that the above application is hereby approved for 2000 and 2001, and denied for 1999, and

BE IT FURTHER RESOLVED, that the Treasurer is hereby authorized to issue a refund in the amount of $24.65: $16.91 be charged to the County’s Uncollectible account and $7.74 be charged back to the Town of Montour, and

BE IT FURTHER RESOLVED, a certified copy of this resolution be sent to the Town of Montour.

VOTE: Passed 8-0.

WITHDRAWN

RE: DENY APPLICATION FOR REFUND OF TAXES, CRAFT, TOWN OF ORANGE

WHEREAS, an application for refund of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL) for parcel 60.1-1-7, owned by Jack L. Craft in the Town of Orange, and

WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and found that it does not constitute a clerical error as defined in the RPTL due to the STAR Exemption having been granted for the 2001-2002 School Tax Roll, and

WHEREAS, it is the recommendation of the Director of the County Real Property Tax Service and the Governmental Operations Committee to deny the application.

NOW, THEREFORE, BE IT RESOLVED, that the above application is hereby denied, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to execute the application form and send it along with a copy of this resolution to Jack Craft informing him of the decision to deny the application.

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

RE: DENY APPLICATION FOR CORRECTED TAX ROLL, FELLI, TOWN OF READING

WHEREAS, an application for corrected tax roll has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for parcel 32.19-1-2, owned by A. James Felli and Gaile J. Felli in the Town of Reading, and

WHEREAS, it is the recommendation of the Director of the County Real Property Tax Service and the Governmental Operations Committee to deny the application.

NOW, THEREFORE, BE IT RESOLVED, that the above application is hereby denied, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to execute the application form and send it along with a copy of this resolution to James and Gaile Felli informing them of the decision to deny the application.

VOTE: Passed 8-0.

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

RE: APPROVE APPLICATION FOR CORRECTED TAX ROLL, TOWN OF CAYUTA PARCEL 109.-1-42./1

WHEREAS, application has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) stating that a tax amount of $.02 was incorrectly placed on the 2002 County/Town tax roll for parcel 09.-1-42./1 in the Town of Cayuta, 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, an incorrect entry of a nonexistent parcel, and has recommended that the application be approved.

NOW, THEREFORE, BE IT RESOLVED, that the above application is hereby approved and that the incorrect amount of $.02 for parcel 109.-1-42./1 be removed from the tax roll, and

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

VOTE: Passed 8-0.

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

RE: APPROVE APPLICATION FOR CORRECTED TAX ROLL, TOWN OF CAYUTA, PARCEL 112.-1-20./1

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, an incorrect entry of $.02 for parcel 112.-1-20./1 be removed from the tax roll.

NOW, THEREFORE, BE IT RESOLVED, that the above application is hereby approved and that the incorrect amount of $.02 for parcel 112.-1-20./1 be removed from the tax roll, and

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

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT RENEWAL WITH ELIZABETH CORLEY FOR SECRETARIAL AND PRIVATE OFFICE USE FOR 2002 – COUNTY ATTORNEY

WHEREAS, the County of Schuyler has previously approved a contractual agreement for the referenced purposes, and

WHEREAS, such services shall now continue for a full calendar year, January 1, 2002 through December 31, 2002.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a contract with Elizabeth Corley, in the amount of $15,000, for secretarial and private office use for the term January 1, 2002 through December 31, 2002, funding available in budget account no. 1420.435; subject to the approval of the Schuyler County Attorney.

DISCUSSION: Legislator Hastings said they have a Public Defender and other attorneys who use their own offices. She foresees a bill coming to the county and therefore she cannot support this. Legislator Karius agrees with Legislator Hastings.

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

RESOLUTION NO. 71 Motion by Young, Second by Larison.

RE: AUTHORIZE APPOINTMENT OF INTERIM OFFICE FOR THE AGING DIRECTOR

WHEREAS, Carol Bossard, Office for the Aging Director, has tendered her resignation effective January 31, 2002, and

WHEREAS, the Legislature is investigating the possibility of merging the Youth Bureau and the Office for the Aging, and

WHEREAS, it is the recommendation of the Human Services Committee that an Interim Director be appointed until the investigation is complete.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature approve the appointment of JoAnn Fratarcangelo as Interim Office for the Aging Director, to be paid $250 weekly in addition to her regular salary as Youth Bureau Director, for the additional duties and responsibilities relating to the Office for the Aging, effective immediately until other arrangements are made, funding available in the 2002 Office for the Aging budget account no. 6772.100.

VOTE: Passed 8-0.

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

RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE EQUIPMENT – OFFICE FOR THE AGING

WHEREAS, New York State funding must be used by March 31, 2002, and

WHEREAS, the NYS funding for EISEP (Expanded In-Home Service for the Elderly Program) has $500 for equipment, and

WHEREAS, the Office for the Aging needs a portable copy machine and a printer.

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

AMOUNT ACCOUNT NO. DESCRIPTION

+$500 6772.200 Equipment

+$500 6772-3772 State Aid

VOTE: Passed 8-0.

RESOLUTION NO. 73 Motion by Bleiler, Second by Bingell.

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

WHEREAS, the Schuyler County Youth Bureau has prepared and the Schuyler County Youth Board has approved a Resource Allocation Plan for the year 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 2002 within budgeted allocations; subject to approval of the Schuyler County Attorney, as follows:

Cornell Cooperative Extension

CASA of Chemung/Schuyler County

Economic Opportunity Program Inc. of Chemung County

Catholic Charities of the Southern Tier

Council on Alcoholism of the Finger Lakes Region

Community Dispute Resolution Center

VOTE: Passed 8-0.

RESOLUTION NO. 74 Motion by Bleiler, Second by Bingell.

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 Service Committee of the Legislature.

VOTE: Passed 8-0.

RESOLUTION NO. 75 Motion by Bleiler, Second by Bingell.

RE: APPOINTMENTS – YOUTH BOARD

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals set forth below to the Youth Board for the term January 1, 2002 through December 31, 2005:

Cyndi Regan – Member at Large

Will Baez – Member at Large

VOTE: Passed 8-0.

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

RE: AUTHORIZE AMENDMENT TO 2002 YOUTH BUREAU BUDGET

WHEREAS, the Youth Bureau has received more funding for its Runaway and Homeless Program than projected at budget time, and

WHEREAS, the Youth Bureau also estimated the revenue for the Youth program to be less than what was actually received. .

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2002 Youth Bureau budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$1,956 7310.100 Personal Services

+$5,402 7310.562 Runaway and Homeless

+$7,358 7310-3820 State Aid

VOTE: Passed 8-0.

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

RE: ACCEPT DONATION FROM DEPUTY SHERIFF’S ASSOCATION – YOUTH BUREAU

WHEREAS, the Schuyler County Youth Bureau has received a donation of $250 from the Schuyler County Deputy Sheriff’s Association, and

WHEREAS, the Youth Bureau would like to accept this donation and put it towards its Family Fun Day.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to create an additional youth programs line item for this donation, and amend the Youth Bureau budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$250 7310.495 Youth Programs

+$250 7310-2089 Donation – Family Fun Day

VOTE: Passed 8-0.

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

RE: AUTHORIZE FILLING VACANT CASEWORKER POSITION IN SOCIAL SERVICES

WHEREAS, the Children’s Services caseworker position designated as the PINS caseworker has been vacant since June 19^th with the resignation of Jane Wisbey, and

WHEREAS, the full Legislator, by its own requirement, must approve the filling of any position vacant for 90 days or more, and

WHEREAS, there are sufficient funds available in the Department’s 2002 budget account number 6010.100 to cover the cost of the filling of this position.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be hereby authorized to fill the vacant caseworker position in the Children’s Services Unit, Grade 22 at an hourly rate of $14.57, effective April 1, 2002.

VOTE: Passed 8-0.

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

RE: AUTHORIZE AMENDMENT TO 2002 SOCIAL SERVICES BUDGET FOR THE TANF SERVICES PLAN

WHEREAS, the Schuyler County Department of Social Services has funding for its TANF Services Plan that extends from 2001 through June 30, 2002, and

WHEREAS, the Department of Social Services would like to amend its 2002 budget to reflect the amount of funds remaining for the TANF Services Plan Programs, and

WHEREAS, this expenditure is 100% reimbursable.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services 2002 Budget shall be amended as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+ $ 5,000 6010.208 Computer Equipment

+ $36,525 6010.552 TANF Services Plan Contractual Expense

+$41,525 6010-4610 Federal Aid - Administration

VOTE: Passed 8-0.

RESOLUTION NO. 80 Motion by Bleiler, Second by Larison.

RE: AUTHORIZE CERTIFICATION OF COST ALLOCATION PLAN – SOCIAL SERVICES

BE IT RESOLVED, that the Schuyler County Legislature hereby accept the 2000 Cost Allocation Plan prepared by DMG Maximus for Schuyler County Department of Social Services’ claiming of county-wide administrative costs and maintenance in lieu of rent in 2000, and

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

VOTE: Passed 8-0.

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

RE: AUTHORIZE AMENDMENT TO 2002 AGREEMENT WITH AFFILIATED PSYCHOLOGICAL CONSULTANTS, P.C. – MENTAL HEALTH

WHEREAS, Affiliated Psychological Consultants has requested an increase in their rate from $60 to $65 per hour.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an amendment with Affiliated Psychological Consultants, P.C., for psychological consultation services, at a rate of $65.00 per hour, funding available in the 2002 budget, account no. 4310.435, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE FILLING OF SR. STAFF SOCIAL WORKER POSITION – MENTAL HEALTH

WHEREAS, the Schuyler County Mental Health Clinic has a vacant Sr. Staff Social Worker position, which has not been filled in over 90 days.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services/Public Health to fill the Sr. Staff Social Worker position, Grade 29, $20.33 per hour, in the Mental Health Clinic, effective immediately; funding available in the year 2002 budget.

VOTE: Passed 8-0.

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

RE: AUTHORIZE FILLING OF STAFF SOCIAL WORKER POSITION – MENTAL HEALTH

WHEREAS, the Schuyler County Mental Health Clinic has a vacant Staff Social Worker position, which has not been filled in over 90 days.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services/Public Health to fill the Staff Social Worker position, Grade 28, $18.83 per hour, in the Mental Health Clinic, effective immediately; funding is available in the year 2002 budget.

VOTE: Passed 8-0.

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

RE: AUTHORIZE FILLING OF PSYCHIATRIC CLINICIAN POSITION – MENTAL HEALTH

WHEREAS, the Schuyler County Mental Health Clinic has a vacant Psychiatric Clinician position, which has not been filled in over 90 days.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services/ Public Health to fill the Psychiatric Clinician position, Grade 28, $18.83 per hour, in the Mental Health Clinic, effective immediately; funding is available in the year 2002 budget.

VOTE: Passed 8-0.

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

RE: AUTHORIZE FILLING OF SOCIAL WORK ASSISTANT POSITION – MENTAL HEALTH

WHEREAS, the Schuyler County Mental Health Clinic has a vacant Social Work Assistant position, which has not been filled in over 90 days.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services/Public Health to fill the Social Work Assistant position, Grade 22, $14.57 per hour, in the Mental Health Clinic, effective immediately; funding is available in the year 2002 budget.

VOTE: Passed 8-0.

RESOLUTION NO. 86 Motion by Bingell, Second by Marvel.

RE: AMENDMENT TO 2002 CONTRACT WITH BATEMAN THERAPY SERVICES – PUBLIC HEALTH

WHEREAS, Schuyler County needs to provide pre-schoolers with special education services, and

WHEREAS, Bateman Therapy Services provide these services for Schuyler County, and

WHEREAS, Bateman Therapy Services has requested an amendment to the contract to increase the amount from $50 per session, up to 1 hour to $50 per 30 minute unit of service.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the amended contract with Bateman Therapy Services to read $50 per 30 minute unit of service, funding being available in the 2002 budget, account no. 2960.400, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AGREEMENT THAT SCHUYLER COUNTY PARTICIPATE IN THE HEALTHY HEART PARTNERSHIP OF THE SOUTHERN TIER TO BECOME A WORKSITE WELLNESS SITE – PUBLIC HEALTH

WHEREAS, funding has been awarded to the Schuyler County Public Health Department for the Healthy Heart Partnership of the Southern Tier initiative, in the amount of $2,500 to be expended through December 31, 2002.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature supports the efforts of the Public Health Department in this initiative and authorizes the County Treasurer to amend the 2002 Public Health Department budget, effective immediately, as follows:

ACCOUNT NO. DESCRIPTION AMOUNT

4010.100 Personal Services +$1,000

4010.400 Contractual +$1,500

4010-1689 Revenue Worksite Wellness +$2,500

VOTE: Passed 8-0.

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

RE: ESTABLISH 2002 – 2003 LEAD GRANT – PUBLIC HEALTH

WHEREAS, Schuyler County’s new Lead Grant will be for $25,000 effective April 1, 2002 through March 31, 2003.

NOW, THEREFORE, BE IT RESOLVED, that the 2002 – 2003 Lead Grant budget be established as follows:

ACCOUNT NO. DESCRIPTION AMOUNT

4010.100-4092 Personal Services +$14,116

4010.200-4092 Equipment +$ 4,000

4010.400-4092 Program Supplies +$ 1,000

4010.489-4092 Fringe Benefits +$ 4,884

4010.579-4092 Lab Testing +$ 1,000

4010-4401-4092 Other Health Dept. Income +$25,000

VOTE: Passed 8-0.

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

RE: AUTHORIZE OUT OF STATE TRAVEL – PUBLIC HEALTH

WHEREAS, as part of the New York State Association of County Health Officials (NYSACHO)’s 2001-2002 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 Denver, Colorado from April 28 through May 2, 2002, 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 Jennifer Mehta 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. 90 Motion by Larison, Second by Bingell.

RE: AMEND 2002 COUNTY BUDGET – COORDINATED CHILDREN’S SERVICES INITIATIVE – 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 2002 County Budget as follows:

ACCOUNT NO. DESCRIPTION AMOUNT

4310.385-4318 ICM Services +$6,000

4310.435-4318 Contractual +$1,200

4310.440-4318 Travel +$2,800

4310-3490-4318 State Aid +$10,000

VOTE: Passed 8-0.

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

RE: AMEND 2002 COUNTY BUDGET – AFTER SCHOOL PROGRAM – MENTAL HEALTH

WHEREAS, Schuyler County has been awarded an amount of $10,000 for an After School Program, and

WHEREAS, this grant will fund efforts to connect high risk children with existing programs and provide additional support to maintain those same children in existing after school programs.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to amend the 2002 County Budget as follows:

ACCOUNT NO. DESCRIPTION AMOUNT

4310.100-4319 Personal Services +$6,750

4310.534-4319 Program Supplies +$3,250

4310-3490-4319 State Aid +$10,000

DISCUSSION: Legislator Young asked for an explanation about this program. Legislator Hastings explained that the school is hiring a case manager for an after school program similar to the 21^st century program. Legislator Young asked who is responsible for reviewing the credentials for this person. Arnie Bagchi, Supervising Social Worker for Mental Health, said they have not gotten that far yet. This is a cooperative effort between Mental Health, FLACRA and the school. Legislator Young would like that person to be accountable. Arnie explained who was on the committee that would be appointing this person.

VOTE: Passed 8-0.

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

RE: AUTHORIZE AGREEMENT WITH FAMILY SERVICES SOCIETY – MENTAL HEALTH

WHEREAS, the Family Services Society provides Case Management Services to children and youth in Schuyler County, and

WHEREAS, there is funding available in the 2002 Mental Health budget.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Family Services Society for the provision of case management services, in an amount not to exceed $41,000, effective 01/01/2002 through 12/31/2002, account no. 4310.435, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE AGREEMENT WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT – MENTAL HEALTH

WHEREAS, the New York State Office of Mental Health has allocated funding for a three-year School Support Program, and

WHEREAS, it is desirous to provide these services contractually with the Watkins Glen Central School District.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the Watkins Glen Central School District in an amount not to exceed $92,000 for the provision of school support services, effective immediately through December 31, 2004. Funding has been allocated in the 2002 Mental Health budget, account no. 4310.435, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AMEND 2002 COUNTY BUDGET FOR EQUIPMENT – MENTAL HEALTH

WHEREAS, the Schuyler County Legislature has approved an agreement with the Watkins Glen Central School District for the school support program, and

WHEREAS, there is a need for start up expenses and equipment, and

WHEREAS, there are funds available in the Personal Services account to cover this need, said funds are 100% reimbursable and could not be returned to the County’s General Fund if unspent.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the transfer of funds totaling $20,000 from 4310.100 (Personal Services) to 4310.200 (Equipment) to cover these expenses.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT WITH JEFFREY WEYRAUCH FOR BUDGETARY CONSULTANT SERVICES – MENTAL HEALTH

WHEREAS, the clinic has a new Coordinator of Fiscal Operations and Budgetary Planning, it is desirous to contract with a budget consultant to assist with analyzing data, preparing the Consolidated Fiscal Report and planning for 2002, and

WHEREAS, the Consolidated Fiscal Report is due shortly, it is essential that arrangements be made for obtaining assistance promptly, and

WHEREAS, funding is available in the 2002 budget account 4310.435 Professional Fees for this contract.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Jeffrey G. Weyrauch for budgetary consultant services to Schuyler County for the Mental Health Department, at a rate of $100.00 per hour, not to exceed $3,500 for the 2002 calendar year, effective immediately, contract subject to approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

WITHDRAWN

RE: A RESOLUTION SUPPORTING NEW YORK STATE FUNDING FOR THE SUSQUEHANNA RIVER BASIN COMMISSION

WHEREAS, the Susquehanna River Basin encompasses significant portions of all three Southern Tier Central counties, and

WHEREAS, the Susquehanna River Basin Commission is a federal-interstate agency established under a 100-year compact signed on December 25, 1970, by the federal government and the states of New York, Pennsylvania and Maryland, and

WHEREAS, the Susquehanna River Basin Commission is responsible for protecting and managing the water resources of the Susquehanna River Basin, and

WHEREAS, the commission’s important water management work includes drought coordination, flood protection and management, and filling in the regulatory gaps to ensure adequate water supplies, and

WHEREAS, the information, technical assistance, and regulatory framework provided by the commission could only be replaced at great additional cost to New York State, and

WHEREAS, the Susquehanna River Basis Commission has recently appointed a New York Representative to provide additional technical services to the New York portions of the basin, and

WHEREAS, New York State’s full equitable share in the Susquehanna River Basin Commission for the 2002/2003 fiscal year is $260,000.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature requests that the New York State budget for 2002/2003 include a $260,000 appropriation to the Susquehanna River Basin Commission, and

BE IT FURTHER RESOVLED, that copies of this resolution be forwarded to Governor George Pataki, Senator John R. Kuhl, Jr., Assemblyman James Bacalles, Assemblyman George Winner, Jr., Senate Majority Leader Joseph Bruno, Assembly Speaker Sheldon Silver, Senate Environmental Conservation Committee Chair Carl Marcellino, Assembly Environmental Committee Chair Richard Brodsky, and State Department of Environmental Conservation Commission Erin Crotty.

RESOLUTION NO. 96A Motion by Bingell, Second by Larison.

RE: MOTION TO AMEND RESOLUTION NO. 96

BE IT RESOLVED, that Resolution No. 96 be amended to remove the second “Whereas” clause from the Resolution.

VOTE: Passed 8-0.

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

RE: AUTHORIZE PAYMENT AND CONTRACT RENEWAL WITH SOUTHERN TIER CENTRAL FOR COMPUTER SERVICES - INFORMATION TECHNOLOGY – AS AMENDED

WHEREAS, Schuyler County entered into a contract with Southern Tier Central Regional Planning & Development (STCRP&D) Board for computer related services during the year 2001, and

WHEREAS, it is the recommendation of the Information Technology Coordinator that the bill for 2001 be paid and that the county proceed with the agreement for 2002 since there is a need for training and other computer related services.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with STCRP&D Board for computer related services for the year 2002 in the amount of $4,562.50, said amount budgeted in the 2002 budget account no. 1680.400; contract subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE AGREEMENT WITH EXTRA DEV., INC. – MENTAL AND PUBLIC HEALTH

WHEREAS, the Information Technology Department has recommended the services of Extra Dev., Inc. (formerly Bolder Computer Solutions) to assist with the unique workload situation in setting up and maintaining the system for integrating Mental and Public Health, and

WHEREAS, funding for this agreement will come from previously assigned computer consultant services in the 2002 budgets.

NOW, THEREFORE, BE IT RESOLVED that the Chairman of the Legislature is hereby authorized to execute an agreement with Extra Dev., Inc., effective immediately through December 31, 2002, not to exceed $7,000, to be paid from account no. 4310.435 and $4,200 to be paid from account no. 4010.532, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 98 Motion by Bingell, Second by Marvel.

RE: AUTHORIZE SECOND ADDENDUM TO CONTRACT WITH TIME WARNER CABLE FOR ROAD RUNNER SERVICE AND AMEND RESOLUTION NO. 75-01 – INFORMATION TECHNOLOGY

WHEREAS, Resolution No. 75-01 authorized a contract with Time Warner Cable for Road Runner services, and

WHEREAS, since then, there has been a need for an additional installation and an adjustment to the monthly service charge, due to adding the Office for the Aging and the Highway Department.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an addendum to the contract with Time Warner Cable for an additional installation fee of $736.00 and an adjustment to the monthly service charge, now being $583.90; subject to approval by the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that Resolution No. 75-01 be amended to change the monthly service fee from $396.50 to $583.90.

VOTE: Passed 8-0.

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

RE: AMEND RESOLUTION NO. 31-02/TWO-YEAR APPOINTMENTS

WHEREAS, the Town of Dix has recommended a change in its representation for the Environmental Management Council (EMC), and

WHEREAS, John and Susan Gregoire have declined their reappointment to the EMC.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 31-02 be amended to reflect the Town of Dix representative to be Harold Russell replacing Dan Teed, and

BE IT FURTHER RESOLVED, that the Resolution also be amended to remove John and Susan Gregoire as Members at Large and appoint Dan Teed as a Member at Large.

VOTE: Passed 8-0.

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

RE: APPOINTMENTS – PROFESSIONAL ADVISORY COMMITTEE

BE IT RESOLVED, the Schuyler County Legislature approves the appointment of the following individuals to the Professional Advisory Committee for the term January 1, 2002 through December 31, 2002, to wit:

Debbie Bailey

Ruth Bedient

Kathyrn Doolittle

Michael Gehl

Thomas Gifford

Elizabeth Hayes

Harold Hoffmeier, PA
Doris Karius

Marcia Kaspryzk, RN
Linda Potter, RN
Erik Miller

Michelle Myers

Renato Rojas, MD

Titus Parker, MD

Verna Shrout

Connie Fraboni, RN

JoAnn Fratarcangelo

Patricia Hastings

William Weiss

VOTE: Passed 8-0.

RESOLUTION NO. 101 Motion by Bleiler, Second by Bingell.

RE: APPOINTMENTS – COMMUNITY SERVICES COMMITTEES

BE IT RESOLVED, the Schuyler County Legislature approve the appointment of the following individuals to the below boards for the terms indicated, to wit:

COMMUNITY SERVICES BOARD

Patricia Hastings – 1/1/02-12/31/03 (replacing Sharon Bingell) – First Term

Bill Hayes – 1/1/02-12/31/05 – Second Term

Tom Omiatek – 1/1/02-12/31/05 – First Term

Paula Fitzsimmons – 1/1/02-12/31/05 – First Term

ALCOHOL & SUBSTANCE ABUSE SUBCOMMITTEE

Bill Yessman – 1/1/02-12/31/05 – First Term

Joan Mistretta – 1/1/02-12/31/05 – Second Term

MENTAL HEALTH SUBCOMMITTEE

Bill Hayes – 1/1/02-12/31/05 – Second Term

John Hayes – 1/1/02-12/31/05 – Second Term

Paula Fitzsimmons – 1/1/02-12/31/05

MENTAL RETARDATION AND DEVELOPMENT DISABILITY

Patricia Hastings – 1/1/02-12/31/03 (replacing Sharon Bingell) – First Term

Tom Omiatek – 1/1/02-12/31/05 – First Term

Linda Jorgensen – 1/1/02-12/31/05 – First Term

Sandra Just – 1/1/02-12/31/05 – First Term

Vote: Passed 8-0.

RESOLUTION NO. 102 Motion by Bleiler, Second by Bingell.

RE: APPOINTMENT – LOCAL EMERGENCY PLANNING COMMITTEE

BE IT RESOLVED, that George Roets replace Duane Spilde on the Local Emergency Planning Committee as the Health Representative, effective immediately with no ending term.

VOTE: Passed 8-0.

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

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. 104 Motion by Bingell, Second by Larison.

RE: APPOINTMENTS – LOCAL EARLY INTERVENTION COORDINATING COUNCIL

BE IT RESOLVED, the Schuyler County Legislature approve the appointment of the following individuals to the Local Intervention Coordinating Council for the term of January 1, 2002 through December 31, 2002:

David Lambert, NYS Department of Health

Camille Meeks, Watkins Glen Central School District

Paula Hurley, Odessa/Montour Central School District

Erik Miller, Provider

Bonnie Herzig, Schuyler Arc/Office of Mental Retardation and Dev. Disability

Michelle Myers, Provider

Susan Haeffner, Provider

Laurie Hanlon, Provider

Beverly Clickner, Schuyler County Dept. of Social Services

Arnab Bagchi, Schuyler County Mental Health

Nancy Blencowe, Parent

JoAnn Carson, Parent

Nancy St. Julien, Parent

Christine Keough, Parent

Michelle Pardee, Parent

Pauline Heath, Parent

Ken Seaman, Parent

Marcia Kasprzyk, Early Intervention Official

Peggy Tomassi, Child Care

VOTE: Passed 8-0.

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

RE: AMEND 2002 COUNTY BUDGET – OFFICE FOR THE AGING

WHEREAS, Schuyler County Office for the Aging has received $957.50 from the 2001 CROP Walk, and

WHEREAS, the Office for the Aging would like the funds added to the food line item.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to amend the 2002 County Budget as follows:

ACCOUNT NO. DESCRIPTION AMOUNT

6772.454 Food +$957.50

6772-1972 CROP Walk +$957.50

VOTE: Passed 8-0.

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

RE: AUTHORIZE PAYMENT – HISTORIAN

WHEREAS, the Historian’s 2001 budget was overdrawn at the end of the year, and

WHEREAS, the Historian has submitted a mileage voucher for the year 2001 in the amount of $269.70.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer funds accordingly to pay this bill out of 2001 funds, and

BE IT FURTHER RESOLVED, that the County Auditor be authorized to pay said bill upon receipt of a properly documented voucher.

DISCUSSION: Legislator Hastings asked if this practice is going to continue in 2002. Is there a need to have more money in her budget? Legislator Bleiler said this resolution is to cover mileage expenses. He explained the two vouchers. He feels it is appropriate to pay this mileage for 2001 when we as a Legislature ran out of money in August and transferred money to pay for our own mileage. Legislator Hastings feels they should include more money in her budget then. She needs to either live within her budget or not. Chairman Gifford said they should address that issue at the end of the year. Legislator Hastings said she will not support this resolution.

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

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

RE: AUTHORIZE AGREEMENT WITH ST. JOSEPHS HOSPITAL, BEHAVIORAL SCIENCE UNIT - MENTAL HEALTH

WHEREAS, there is a need for additional emergency services for Mental Health, and

WHEREAS, it would be beneficial for Mental Health to participate in a CPEP Program providing Comprehensive Psychological Emergency Services to Allegeny, Chemung, Steuben and Schuyler County, and

WHEREAS, services and costs are allocated by population in Schuyler County being 7.4% for the base program for a Stage 1 allocation, not to exceed $494 in the calendar year 2002.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with St Josephs Hospital, Behavioral Science Unit for CPEP services effective January 1, 2002 through December 31, 2002, funding available in the 2002 Mental Health budget account no. 4310.401-Contractual Miscellaneous; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: ACCEPT PURCHASE OFFER

WHEREAS, the Schuyler County Treasurer is now holding a tax deed on a certain property which was sold at the tax auction held September 29, 2001, and

WHEREAS, the bidder at that auction has declined to pay the remainder of the bid.

NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts the following bid from the back up bidder, pursuant to their offer:

BIDDER'S NAME: Robert M. & Patricia A. Robertson

BIDDER'S ADDRESS: 4261 Six Corners Road

Dundee, NY 14837

AMOUNT OF BID: $10,000

FORMER OWNER: Hopper

PARCEL ID NUMBER: 30.-1-18.5

LOCATION: Town of Tyrone

VOTE: Passed 8-0.

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

RE: RECOGNIZE THE MONTH OF MARCH AS NATIONAL MENTAL RETARDATION AWARENESS MONTH

WHEREAS, mental retardation is a condition which affects more than 7 million Americans and their families, and

WHEREAS, public awareness and education enhance a community’s understanding of the issues affecting people with mental retardation, and

WHEREAS, people with mental retardation can be vital and vibrant members of our communities improving the quality of life for all of us, and

WHEREAS, the month of March has been designated National Mental Retardation Awareness Month, with more than 120,000 members and 1,000 chapters of The Arc undertaking public awareness, educational, and fundraising initiatives, and

WHEREAS, the Arc of the United States is the nation’s leading volunteer-based organization advocating for and with people with mental retardation and related developmental disabilities and their families.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim March 2002 as Mental Retardation Awareness Month in Schuyler County and urges that the citizens of Schuyler County give full support to efforts towards enabling people with mental retardation to live full and productive lives of inclusion in our communities.

VOTE: Passed 8-0.

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

RE: AUTHORIZATION TO TRANSFER HALF AN ACCOUNT CLERK TYPIST POSITION FROM MENTAL HEALTH TO PUBLIC HEALTH

WHEREAS, in planning the relocation of the Public Health Department to the Mill Creek Center site, it is desirous to transfer a half-time Account Clerk Typist position from Mental Health to Public Health.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the transfer of half of the Account Clerk Typist position from Mental Health to Public Health for one half of the workweek, funds being available in account no. 4010.100 for the hours spent in Public Health.

VOTE: Passed 8-0.

NEW BUSINESS: None.

UNFINISHED BUSINESS: None.

REPORT ON STANDING COMMITTEES:

Legislator Hastings reported on the Health Services Committee. She recently took the new Director of Community Services/Public Health, George Roets, on a tour around Schuyler County. They visited Schuyler Arc and Schuyler Hospital. She learned a great deal herself. The hospital recently scored a 98% on an inspection by the State. George has spent some time with the Watershed Inspector, James Howell, discussing his move to the Mill Creek Center. She also reported that the Catharine Valley Trail is being worked on between Montour Falls and Millport. She hopes to see it completed this year.

Legislator Karius reminded the legislators that the Town of Hector will be celebrating their bicentenial this year on July 6, 2002.

Legislator Bleiler reported on the Human Services Committee. The Families First Program is making progress. The Families First committee is presently looking for office space.

Legislator Larison reported on the Public Safety/Criminal Justice Committee. The study on transportation needs is still going on with Southern Tier Central Regional Planning & Development Board. There should be a final report within a month. He also reported from the Fish and Wildlife Management Board. They are raising hunting license fees. This increase is necessary to make up for the four million dollars taken away from the State. If they do not make up the four million dollars, they could loose a great number of officers.

MOTION by Legislator Hastings to send a letter encouraging this increase from the Chairman of the Legislature, SECOND by Legislator Larison. Motion carried eight ayes to zero noes.

Legislator Marvel reported on the Management & Finance Committee. The committee has started working on goals for this year. He hopes to finalize them for next Thursday’s workshop.

Legislator Bingell reported on the Public Works Committee. The salt storage facility is erected and will be a necessary structure.

PUBLIC PARTICIPATION:

Arnie Bagchi thanked the Legislature for authorizing the contract with Watkins Glen Central School for the school support program.

The Meeting adjourned at 7:43 p.m.

Stacy B. Husted, Deputy Clerk

SPECIAL MEETING

FEBRUARY 19, 2002

The February 19, 2002 Special Meeting of the Schuyler County Legislature was called to order at 9:00 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.

PUBLIC PARTICIPATION:

Bill Hayes, a resident in the Town of Dix, spoke on the issue of the water/sewer project. He feels development is good and growth is necessary, but the key is planning. He feels that the involved parties have not been looking for the best way to get water and sewer to the race track, but how to manipulate themselves through the steps. He feels this issue should have required a referendum. He is specifically concerned with item #2 in the resolution, which states that this project avoids adverse environmental impact. He feels this is not the case. The Environmental Impact Statement (EIS) contains language which suggests that this project is in response to public need and residents interest. There are a lot of statements about failing septic systems and he is not sure how this could possibly be true. Another section talks about a resident-written petition. This petition avoided a referendum and was circulated by people who were not residents of County Route (CR) 17. He has participated in the public meetings and he is very unhappy with the plan for land use. The plan for land use was put in place after the decision was made to have the project go up CR 17. He feels the plan for land use

3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24.

DISCUSSION: Legislator Karius asked if all other attorneys working for the county received a Cost of Living Adjustment (COLA). Attorney Coleman stated that, to his knowledge, the District Attorney’s salary is set by the State and the Assistant District Attorney and the Public Defender did not receive a COLA. Legislator Karius said she will vote no on this resolution. Attorney Coleman said, for the record, that the COLA is granted to all other county employees. He feels the amount of approximately $5,000 is trivial, it will be reimbursed eighty-five percent from a Social Services block grant, it is not all local share.

VOTE: Passed 5-1. No: Karius.

RESOLUTION NO. 120A Motion by Bleiler, Second by Marvel.

RE: AMEND RESOLUTION NO. 120

BE IT RESOLVED, that Resolution No. 120 be amended to add an additional “Be It Further Resolved” clause, as follows:

“ BE IT FURTHER RESOLVED, that the amended portion of the Disposition policy not be voted on, and it is to be removed at this time.”

DISCUSSION: Legislator Bleiler explained that this policy is not complete. He questioned the disposition procedures and wanted to know if they would be voting on this again. Legislator Marvel said Legislator Bleiler was correct, the policy is not complete. They are just getting started, there are more requests forthcoming because of the Governmental Accounting Standards Board (GASB) requirements. The Treasurer explained that this particular section being acted on tonight is for purchases over $500. This has been completed at this point by the Purchasing Agent. Legislator Marvel explained that there is a special committee to discuss GASB, as they get a better idea of requirements, they will bring them to the Management & Finance Committee. Legislator Bleiler said he would like to offer an amendment to not include the portion about the disposition policy.

Vote: Passed 6-0.

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

RE: ADOPT AMENDED FIXED ASSETS POLICY – AS AMENDED

WHEREAS, Schuyler County’s Fixed Asset Policy needs to be amended to include a policy on depreciation of fixed assets, and identify a fixed asset according to its useful life.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopt the changes in the attached fixed asset policy to reflect equipment as a fixed asset with a useful life of at least 1 year and a minimum value of five hundred dollars ($500). Furthermore, equipment fixed assets will be depreciated using the straight-line method of depreciation and will be based on an estimated useful life of 3-10 years, and

BE IT FURTHER RESOLVED, that the amended portion of the Disposition policy not be voted on, and it is to be removed at this time.

VOTE: Passed 6-0.

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

RE: AUTHORIZE LETTER AGREEMENT WITH HISTORIAN AND AMEND SALARY SCHEDULE

WHEREAS, the 2002 budget includes only a contractual amount for payment to the County Historian, and

WHEREAS, the County Historian was erroneously listed on the 2002 salary schedule with a salary of $1,150, and

WHEREAS, it is the desire of the Legislature to enter into a contract with the County Historian for the fiscal year 2002.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a Letter Agreement with the County Historian for allocation of funds in each year’s budget, subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the 2002 Salary Schedule be amended and the County Treasurer be authorized to correct the payroll records and issue payment to the County Historian for the balance of $922.69 upon execution of said Letter Agreement.

DISCUSSION: Legislator Bleiler feel this is a disservice to the historian. He will support it, but he is embarrassed to do so.

VOTE: Passed 6-0.

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

RE: SET RATES FOR SERVICES –TREASURER’S OFFICE

WHEREAS, the Treasurer has reviewed the rates charged for Tax Searches (10 years) and Tax Clearances and determined that the rates should be increased, and

WHEREAS, the rates have also been compared with those charged by other counties.

NOW, THEREFORE, BE IT RESOLVED that the County Treasurer is authorized to set the following rates to be effective April 1, 2002:

10-Year Tax Search $20.00

Tax Clearance $15.00

VOTE: Passed 6-0.

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

RE: APPOINTMENT – LOCAL EMERGENCY PLANNING COMMITTEE

BE IT RESOLVED, that this Legislature approves the appointment of Diana Povero, President of the Schuyler County Volunteer Ambulance Corp., to replace Wendy Shutter on the Local Emergency Planning Committee, effective immediately with no ending term.

VOTE: Passed 6-0.

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

RE: AUTHORIZE PURCHASE/TRANSFER OF FUNDS FOR BATTERIES – 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, and

WHEREAS, the batteries for the UPS back-up system need to be replaced, there being no funding in the 2002 budget for this purpose.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign any and all documents for the purchase of batteries from J & M Schaefer, Inc. in the amount of $12,400 and installation of the batteries by Bouille Electric in the amount of $2,120, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to appropriate $14,520 from the E-911 reserve account A883 and place $12,400 into account no. 3020.267 and $2,120 into account no. 3020.400 for the above purchase.

VOTE: Passed 6-0.

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

RE: WELCOME TO NATIONAL FIELD ARCHERS

WHEREAS, archers from throughout the United States will be meeting in Schuyler County July 28, 2002 – August 2, 2002 for the National Field Archers Competition, and

WHEREAS, this Legislature is proud to welcome once again the National Field Archers and their families to beautiful Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby welcomes the National Field Archers and their families and invites them to partake of the natural beauty, recreational parks and lakeside opportunities and facilities Schuyler County has to offer, and

BE IT FURTHER RESOLVED, this Legislature further extends its best wishes to the Archers and their families for an enjoyable stay in our County and wishes the best of luck to the competitors in the Competition.

VOTE: Passed 6-0.

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

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

WHEREAS, this Legislature authorized an application for grant funds dealing with the juvenile population, a program which would make said segment accountable for their actions during the years 2002 - 2003, 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 approval of the Schuyler County Attorney.

VOTE: Passed 6-0.

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

RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF TYRONE, SPECIAL FRANCHISE PARCELS 555.801-6005, 6005-1, AND 6005-2, WELLSVILLE CABLEVISION (A-R CABLE SERVICES, INC.)

WHEREAS, application which was initiated on February 7, 2002, has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) stating that tax amounts on three bills, based on the erroneous assessment of $153,031, were incorrectly placed on the 2002 County/Town tax roll for three parcels in the Town of Tyrone, and

WHEREAS, the Real Property Tax Director has reviewed the application and has determined that this error constitutes an unlawful entry as defined in Section 550(7)(e) of the RPTL, failure to use the State of New York’s Assessment, and has recommended that the application be approved.

NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved and that the incorrect amounts for the following parcels be corrected on the tax roll to reflect an assessment of $39,051:

(located in) Dundee Hammondsport Bradford

School Districts: 50% 20% 30%

Special Franchise 555.801-6005 555.801-6005-1 555.801-6005-2

Bill # 1556 1557 1558

Original Assessment $76,516.00 $30,606.00 $45,909.00

County $ 686.39 $ 274.55 $ 411.83

Town $ 363.95 $ 145.58 $ 203.06

TOTAL $ 1,050.34 $ 420.13 $ 614.89

Corrected Assessment $19,526.00 $ 7,810.00 $11,715.00

County $ 175.16 $ 70.06 $ 105.09

Town $ 92.88 $ 37.15 $ 51.82

TOTAL $ 268.04 $ 107.21 $ 156.91

DIFFERENCE $ 782.30 $ 312.92 $ 457.98, and

BE IT FURTHER RESOLVED, that the 2002 Town of Tyrone Tax warrant be reduced by $1,553.20 and that corrected tax bills be sent to the owner of record.

VOTE: Passed 6-0.

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

RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF HECTOR, PARCEL 45.-1-51, KUEHL

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

WHEREAS, the Real Property Tax Director has reviewed the application and determined that this constitutes a clerical error as defined in RPTL Section 550(2)h which occurred as the result of an incorrect entry on the tax roll of a relevied school tax which had been previously paid, and

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

NOW, THEREFORE, BE IT RESOLVED, that this application be approved, and that the 2002 Tax Roll be amended to show no relevied school tax, ($161.72); that tax bill #2498 in the amount of $802.19 be corrected and issued in the amount of $640.47, and

BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Town of Hector Clerk / Tax Collector and the Watkins Glen Central School Treasurer.

VOTE: Passed 6-0.

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

RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF HECTOR, PARCEL 12.-1-25.2, WICKHAM

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

WHEREAS, the Real Property Tax Director has reviewed the application and has determined that this constitutes a clerical error as defined in RPTL Section 550(2)h which occurred as the result of an incorrect entry on the tax roll of a relevied second installment school tax which had been previously paid, and

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

NOW, THEREFORE, BE IT RESOLVED, that this application be approved; that the 2002 Tax Roll be amended to show no relevied second installment of the school tax ($249.48); that tax bill #1090 in the amount of $826.25 be corrected and re-issued in the amount of $576.77, and

BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Town of Hector Clerk / Tax Collector and the Watkins Glen Central School Treasurer.

VOTE: Passed 6-0.

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

RE: ESTABLISH 2002 – 2003 IMMUNIZATION GRANT BUDGET AND AUTHORIZE CONTRACT – PUBLIC HEALTH

WHEREAS, Schuyler County’s new immunization grant is expected to be $18,000 from April 1, 2002 through March 31, 2003, and

WHEREAS, this grant is 100% State funded.

NOW, THEREFORE, BE IT RESOLVED, that the 2002 – 2003 Immunization Grant budget be established as follows:

$11,145 4010.100-4084 Personal Services

$ 3,855 4010.489-4084 Fringe Benefits

$ 500 4010.400-4084 Contractual Supplies

$ 2,500 4010.200-4084 Equipment

$18,000 TOTAL EXPENSES

$18,000 4010-3401-4084 Grant Revenue, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 6-0.

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

RE: AUTHORIZE FILLING OF REGISTERED PROFESSIONAL NURSE POSITION – MENTAL HEALTH

WHEREAS, the Schuyler County Mental Health Clinic has a Registered Professional Nurse position, which will become vacant on March 15, 2002, and

WHEREAS, it is anticipated to take over 90 days to fill said vacancy, which will then require legislative approval to fill.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services/Public Health to fill the Registered Professional Nurse vacancy, Grade 23, $15.37 per hour, in the Mental Health Clinic, effective March 18, 2002, funding available in the 2002 budget.

VOTE: Passed 6-0.

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

RE: PROCLAIM APRIL AS “IMMUNIZATION AWARENESS MONTH”

WHEREAS, this Nation’s experience with the ravaging effects of disease, primarily among our youth, has taught us that vaccines can play a powerful role in preventing the debilitating and, in some cases, fatal effects of infectious diseases, and

WHEREAS, vaccines protect more than the vaccinated individual, they protect society as well, and

WHEREAS, few measures in Public Health can compare with the benefits of vaccines.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby proclaim April as “Childhood Immunization Awareness Month” and ask that the community join the county in recognizing all health care providers that ensure our children are protected from vaccine-preventable diseases.

VOTE: Passed 6-0.

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

RE: AUTHORIZE AMENDMENT TO THE 2001 CONTRACT WITH THE SHERIFF’S DEPARTMENT FOR JD/PINS TRANSPORTATION – SOCIAL SERVICES

WHEREAS, the Schuyler County Department of Social Services contracts with the Schuyler County Sheriff’s Department for Juvenile Transports, and

WHEREAS, in 2001 a motion to renew the 2001 agreement with no changes was approved, and

WHEREAS, the Sheriff’s Department has incurred additional expenses over the agreed amount of $3,000.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an amended agreement with the Schuyler County Sheriff’s Department for JD/PINS Transportation for the year 2001 in an amount not to exceed $15,000, funding available the 2001 Social Services budget account no. 6123.400; subject to approval by the County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 134 Motion by Larison, Second by Bingell.

RE: AUTHORIZE FILLING OF ACCOUNT CLERK TYPIST POSITION – YOUTH BUREAU

WHEREAS, the Account Clerk Typist position in the Youth Bureau has been vacant for more than 90 days, requiring legislative approval to fill.

NOW, THEREFORE, BE IT RESOLVED, that the Youth Bureau Director be hereby authorized to fill the vacant Account Clerk Typist vacancy in the Youth Bureau, Grade V, $10.77 per hour, for 17 hours per week, effective immediately; funding available in the Youth Bureau’s 2002 Personal Services budget.

VOTE: Passed 6-0.

RESOLUTION NO. 135 Motion by Larison, Second by Bingell.

RE: AUTHORIZE FILLING SR. ACCOUNT CLERK TYPIST POSITION – TREASURER

WHEREAS, 90 days has lapsed since the Treasurer received committee approval to fill the vacant Sr. Account Clerk Typist vacancy in her office, now requiring legislative approval to fill.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to fill the vacant Sr. Account Clerk Typist position in the Treasurer’s Office, Grade XII, $11.72 per hour, effective February 25, 2002; funding available in the Treasurer’s 2002 Personal Services budget.

VOTE: Passed 6-0.

RESOLUTION NO. 136 Motion by Bingell, Second by Marvel.

RE: AUTHORIZE TRANSFER OF FUNDS FOR SALARY INCREASE – COUNTY ATTORNEY’S OFFICE

WHEREAS, revenue funding for Cost of Living Adjustments (COLA) for the County Attorney and two Assistant County Attorneys is included in the 2002 budget, however the appropriation was removed, and

WHEREAS, it is the desire of the Management and Finance Committee to give the County Attorney and two Assistants a COLA, and

WHEREAS, the 2002 revenue will offset this cost at a rate of approximately 85%.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $5,191 from Contingency account no. 1990.5 to County Attorney Personal Services account no. 1420.100.

VOTE: Passed 6-0.

RESOLUTION NO. 137 Motion by Bingell, Second by Marvel.

RE: RESOLUTION REQUESTING THE RESTORATION OF CHIPS FUNDING

WHEREAS, the Consolidated Highway Improvement Program (CHIPS) was created in state fiscal year 1981-1982 for the purpose of replacing a dedicated stream of motor vehicle registration fees and taxes which counties had been receiving, and

WHEREAS, CHIPS funding is based upon a statutory formula using the number of county specific motor vehicle registrations and the number of county road center line miles, and

WHEREAS, notwithstanding the statutory formula, CHIPS payments have not been consistent or in keeping with construction cost indices and are subject to annual budget appropriations by the Governor and State Legislature, and

WHEREAS, Governor Pataki eliminated the county share of CHIPS operation and maintenance funding in the amount of $35 million in fiscal year 2001-2002, and

WHEREAS, the Governor targeted the elimination of CHIPS operation and maintenance funding for counties only and has preserved the funding levels for towns, cities (except New York City) and villages, and

WHEREAS, eliminating county operation and maintenance funding will also have a detrimental intergovernmental effect and hinder partnerships counties currently have with other units of local government and the private sector material and construction companies, and

WHEREAS, a 1999 highway and bridge funding report published by the New York State Associations of Counties, County Highway Superintendents, Towns, Town Highway Superintendents and the Conference of Mayors identifies a funding shortfall for all municipalities over and above existing levels of nearly $9 billion, including the City of New York, and

WHEREAS, of the $1.92 billion of highway user taxes collected, only a small percentage is available to local governments despite having maintenance jurisdiction of over eighty-five percent of the road miles in New York, and

WHEREAS, instead of eliminating funding for local infrastructure repair, state funding should be increased significantly

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby urges the New York State Legislature to restore CHIPS preventive maintenance funding and to increase annually by $100 million the CHIPS capital funding by allocating a greater percentage of highway user taxes to address local road and bridge deficiencies, and

BE IT FURTHER RESOLVED, that in light of the anticipated reduction in federal transportation assistance, the Governor and State Legislature, during the 2002 Legislative Session, should advance another voter approved Transportation Bond Act to go before the electorate in November 2002 and that an equitable amount of those bond proceeds should be dedicated to local government projects, 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 Honorable George E. Pataki, Honorable Joseph H. Boardman, Honorable Joseph L. Bruno, Honorable Sheldon Silver, Honorable Caesar Trunzo, Honorable John R. Kuhl, Jr., Honorable James Bacalles, Inter-County Association of Western New York and the New York State Association of Counties.

VOTE: Passed 6-0.

RESOLUTION NO. 138 Motion by Bingell, Second by Marvel.

RE: RESOLUTION SUPPORTING FUNDING FOR I-86 PROJECTS

WHEREAS, access to an interstate transportation system is essential to attract and to retain businesses vital to the economic well-being of our state, and

WHEREAS, during the 2001-2002 budget cycle, the Governor 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 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 Tier, Hudson Valley and New York State economies, and

WHEREAS, the allocation of the same transportation funding for the I-86 project activities that was placed in last year’s Executive Budget proposal 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 hereby supports the upgrading of Route 17 to I-86 and urges the Governor and State Legislature to provide over the next four years the $400 million necessary to implement the I-86 projects, and

VOTE: Passed 6-0.

RESOLUTION NO. 139 Motion by Bingell, Second by Marvel.

RE: RESOLUTION REQUESTING THE REPEAL OF THE WICKS LAW

WHEREAS, unfunded mandates continue to consume nearly sixty-five percent of county budgets, and

WHEREAS, one of these mandates is the WICKS Law, and

WHEREAS, this law requires all public capital construction projects with an aggregate cost of $50,000 to have separately bid contracts for the components involving electrical, plumbing and heating, ventilation and air conditioning, and

WHEREAS, this system has proven to result in undue construction delays, disputes between contractors and sub-contractors, and increased local capital construction which are ultimately passed along to the local taxpayers, and

WHEREAS, proposals have been considered to remove school capital building construction projects from the provisions of the WICKS Law, and

WHEREAS, Governor Pataki has submitted legislative bills in the past proposing increasing the WICKS threshold on public capital construction projects to $2 million for counties with a population under 500,000, $5 million for counties with a population of above 500,000 and $10 million for the City of New York, and

WHEREAS, counties would save millions of tax dollars if the WICKS Law is repealed or at the very least reformed.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby urges the Governor to resubmit legislation to the New York State Legislature eliminating or increasing the threshold for WICKS Law separate contract bidding for counties, 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 Honorable George E. Pataki, Honorable Joseph L. Bruno, Honorable Sheldon Silver, Honorable John R. Kuhl, Jr., Honorable James Bacalles, Inter-County Association of Western New York and the New York State Association of Counties.

VOTE: Passed 6-0.

RESOLUTION NO. 140 Motion by Marvel, Second by Bingell.

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

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

VOTE: Passed 6-0.

RESOLUTION NO. 141 Motion by Bingell, Second by Marvel.

RE: RESOLUTION AUTHORIZING CONTRACT WITH CHEMUNG COUNTY FOR SOUTHERN TIER REGIONAL HEALTH CARE PLAN

WHEREAS, Schuyler County, in partnership with Allegany, Chemung, and Steuben counties, is developing the Southern Tier Regional Health Care Plan (STRHCP) which will expand the MEDICAID benefit package covered under managed care for most outpatient services in primary care as well as mental health and alcohol/substance abuse treatment, and

WHEREAS, New York State has passed special legislation authorizing the STRHCP, and

WHEREAS, this STRHCP is a demonstration project which has no equivalent counterpart, and

WHEREAS, in order to make the STRHCP operational in all four participating counties funds must be made available for staff and consultant costs during calendar year 2002, and

WHEREAS, a portion of Schuyler County’s Managed Care grant from the state can be used for these costs and there is no local share, and

WHEREAS, the Managed Care grant funds allocated to Schuyler County for state fiscal year 2001-2002, which does not have any local share, must be expended by March 31, 2002 or will be returned to the state, and

WHEREAS, there is over $23,000 remaining in the 2001-2002 Managed Care grant allocation, and

WHEREAS, Schuyler County has been asked to contribute $15,000 to the STRHCP.

NOW, THEREFORE, BE IT RESOLVED, that Schuyler County be authorized to enter into an agreement with Chemung County, the lead agency for the STRHCP, in an amount not to exceed $15,000, for staff and consultant costs for the Southern Tier Regional Health Care Plan, such funds to be paid from the Department of Social Services Managed Care grant, line number, 6010.435, Professional Fees and Services, subject to approval of the County Attorney, and

BE IT FURTHER RESOLVED, that the Department of Social Services Budget be amended as follows:

+ $15,000 6010.435 Professional Fees and Services

+ $ 7,500 6010-3610 State Aid – Administration

+ $ 7,500 6010-4610 Federal Aid - Administration

VOTE: Passed 6-0.

RESOLUTION NO. 142 Motion by Bingell, Second by Marvel.

RE: AUTHORIZE TRANSFER OF FUNDS TO VILLAGE OF WATKINS GLEN – YOUTH SKATE PARK

WHEREAS, funds were donated to the County as a memorial to Lee Hastings for the purpose of creating a youth skate park, and

WHEREAS, the Village of Watkins Glen has passed a resolution and agreed to become lead agency for this skate park.

NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorizes the transfer of the funds, principle and interest, in the amount $1,180.19 to the Village of Watkins Glen to be used to build a youth skate park.

VOTE: Passed 6-0.

RESOLUTION NO. 143 Motion by Bingell, Second by Marvel.

RE: AUTHORIZATION TO FILL FISCAL ACCOUNTING SPECIALIST POSITIONS, PART TIME, IN BOTH MENTAL AND PUBLIC HEALTH DEPARTMENTS – RESCINDED (RES. NO. 181-02)

WHEREAS, there are two full-time Fiscal Accounting positions available in Mental and Public Health, and

WHEREAS, there is a need for part-time assistance in each department.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services/ Public Health to fill each Fiscal Accounting Specialist position, Grade 27, $17.32, for 17.5 hours per week each, in the Mental and Public Health departments, effective immediately; funding being available in the year 2002 budget in account nos. 4310.100 and 4010.100.

VOTE: Passed 6-0.

RESOLUTION NO. 144 Motion by Bingell, Second by Marvel.

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

WHEREAS, Schuyler County is considering the preparation and submission of an application under the Small Cities Community Development Block Grant program for county-wide low-income housing rehabilitation, and

WHEREAS, two public hearings are required to be held in conjunction with the preparation of the application, to discuss the amount of funds available, the types of activities eligible for funding, proposed activities and the amount of funds to be requested.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to prepare an application to HUD/NYS DHCR subsequent to the first public hearing, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature be directed to advertise the two required public hearings to be conducted by Schuyler County as follows:

March 14, 2002 at 6:00 pm in the Legislative Chambers

March 21, 2002 at 6:00 pm in the Legislative Chambers

VOTE: Passed 6-0.

NEW BUSINESS:

Appointment of Board of Elections Commissioner:

The respective party legislators unanimously approved the appointment of John Vona as the Democratic Commissioner of Elections to fill the vacated term of Joseph Leahey ending December 31, 2002.

Acting Chairman Young brought up the issue of drilling at the Padua Property. She explained that it is a complicated matter. The Town of Dix has voted to annex the property, however the Village of Watkins Glen did not vote to annex it. The Padua property owners have indicated it was not necessary to annex. There is an ongoing controversy over the use of that property. Acting Chairman Young said that Legislator Hastings has suggested the Legislature have the Environmental Management Council (EMC) and the Planning Commission work together on a public discussion of this issue and make some recommendations for the best use of the property.

MOTION by Legislator Marvel to have the Chairman of the Legislature write a letter to both the Town of Dix and the Village of Watkins Glen offering the assistance of the EMC and the Planning Commission to coordinate efforts with this issue, SECOND by Legislator Bingell. Legislator Bleiler said there is a procedure for involvement of the Planning Commission as well as a State Environmental Quality Review (SEQR). He feels if either the town or village wanted to contact them, they would. He feels the Legislature might be overstepping its bounds. If the property was annexed, he believes the owners would have an Environmental Impact Statement (EIS) completed and that would go through the County Planning Commission for approval or recognition. Legislator Marvel said the Village of Watkins Glen has been down this road before. He feels pressure needs to be put on the owners. Acting Chairman Young stated that as Acting Chairman of the Legislature, she has spent an hour today with a representative from the Department of Environmental Conservation (DEC) in Avon. If this property is put into developmental entities, rather than mining, the DEC backs off. If the DEC backs off, they can mine for gravel. She feels there are some personal agendas complicating this matter and with legal and environmental issues out there, feels there needs to be a forum of agencies to discuss the facts only. She recommends this letter be stated that way. She feels the county’s role in this matter is to be available to provide assistance and guidance, if needed. Motion carried six ayes to zero noes.

UNFINISHED BUSINESS: None.

REPORT ON STANDING COMMITTEES:

Legislator Larison reported on the Public Safety/Criminal Justice Committee. The issue at the Dog Pound regarding sewage is being discussed. The Humane Society and members of the Public Safety/Criminal Justice Committee met to try to resolve this problem. There has been a donation of a tank to allow feces to be collected and pumped out monthly. This material can be spread on land in proper weather conditions and will help cut costs. This plan is in motion now with the Watershed Department and County Attorney’s office.

Legislator Bleiler reported on the Human Services Committee. He asked the Commissioner of Social Services, William Weiss, to explain what is being done to assist with the layoffs at Shepard Niles, Inc. Mr. Weiss said he is working with a number of departments such as Public Health, Mental Health, and the Youth Bureau to make presentations to the employees of Shepard Niles. They will inform them of what programs are available to those in need. Cornell Cooperative Extension and the New York State Department of Labor are also assisting. Mr. Weiss made it clear that not everyone will be eligible for every program, he does not want to build false hopes.

Acting Chairman Young reported on the Community Development & Natural Resources Committee. She reported that our Schuyler County Partnership for Economic Development (SCOPED) office is working very hard to try to bring about funding sources with all levels, State, Federal, banks, to help keep this facility in the county and keep the employees. Legislator Marvel said few people realize the effort by the Legislature, SCOPED and the Industrial Development Agency (IDA) to try to acquire and assist Shepard Niles to stay in Schuyler County. Usually one or the other agency takes the lead and in this case all three agencies came together. He feels this Legislature needs to be complimented along with the other agencies for their involvement. Acting Chairman Young also thanked the Workforce Development Board, Public and Mental Health Departments, Office for the Aging and Social Services Department for their efforts.

Acting Chairman Young asked the Legislature to sign a letter to the Governor, State Senator and Assemblyman asking for the designation on the Empire Zone. The county needs it now, not when the state budget is adopted.

MOTION by Young, SECOND by Bingell to write the above stated letter. Motion carried six ayes to zero noes.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 7:26 p.m.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

REGULAR MEETING

APRIL 8, 2002

The April 8, 2002 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. Assistant County Attorney Morris was also present.

PUBLIC PARTICIPATION: None.

PRESENTATION AT 6:45 P.M. OF NaCO FIRST RESPONDER AWARD TO SHERIFF MICHAEL J. MALONEY, BRECK SPAULDING AND MATHEW MALONEY: The Legislature presented the award to the above mentioned for the assistance they provided to the September 11^th disaster in Manhattan.

PUBLIC HEARING ON LOCAL LAW INTRO. NO. 1 OF THE YEAR 2002 AUTHORIZING SALARY INCREASES FOR CERTAIN PUBLIC OFFICERS 7:00 P.M.: None.

RESOLUTION NO. 145 Motion by Marvel, Second by Bingell.

RE: AUTHORIZE AGREEMENT WITH YATES COUNTY, AS LEAD AGENCY, FOR CORPORATE COMPLIANCE THROUGH THE S²AY RURAL HEALTH NETWORK – PUBLIC HEALTH

WHEREAS, Schuyler County Public Health is a part of the S²AY Rural Health Network, and

WHEREAS, the S²AY Rural Health Network has a grant to provide Corporate Compliance services through Dawn Paulsen of Health Care Compliance Enterprise, and

WHEREAS, the grant will be expiring and a contract needs to be created to continue providing Corporate Compliance services to Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign a contract for a term of January 1, 2002 through December 31, 2002 to be renewed annually on the calendar year with Yates County for Corporate Compliance services, at an amount not to exceed $6,682, funding being available in the 2002 budget account no. 4310.435, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 146 Motion by Marvel, Second by Young.

RE: AUTHORIZE FILLING OF PART-TIME REGISTERED PROFESSIONAL NURSE POSITION – MENTAL HEALTH

WHEREAS, the Schuyler County Mental Health Clinic has a part-time Registered Professional Nurse position, which has been vacant for more than 90 days, and

WHEREAS, there is funding available in the 2002 Mental Health personal services budget to fill this position at 17.5 hours per week.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services/Public Health to fill the part-time Registered Professional Nurse position, not to exceed 17.5 hours per week, Grade 23, $15.37 per hour, in the Mental Health Clinic, effective immediately.

VOTE: Passed 8-0.

RESOLUTION NO. 147 Motion by Young, Second by Bingell.

RE: AUTHORIZE CONTRACT WITH FINGER LAKES PARENT NETWORK - MENTAL HEALTH

WHEREAS, Finger Lakes Parent Network currently provides family support services to children and families in Schuyler County, and

WHEREAS, funding has become available from a new initiative, Expanded School Support, to compliment the current CCSI (Coordinated Children’s Services Initiative), and there is a need for parent representative services in Schuyler County, and

WHEREAS, it is desirable to increase the current contract with Finger Lakes Parent Network to provide these additional services at a cost of $28,800, and

WHEREAS, there is funding already available in the 2002 Mental Health budget in the amount of $24,477 for this contract.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Finger Lakes Parent Network for the provision of family support and parent representative services, in an amount not to exceed $53,277, effective 01/01/2002 through 12/31/2002, subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to amend the 2002 Mental Health Department budget, effective immediately, as follows:

ACCOUNT NO. DESCRIPTION AMOUNT

4310.435 Contractual + $26,000

4310-3490 State Aid +$ 26,000

4310.440-4318 Travel Expense - $ 2,800

4310.435-4318 Professional Fees/Svcs. + $ 2,800

It is understood that there is no cost to the county for this contract.

VOTE: Passed 8-0.

RESOLUTION NO. 148 Motion by Young, Second by Bingell.

RE: AMEND CONTRACT WITH JEFFREY WEYRAUCH, BUDGET CONSULTANT – MENTAL HEALTH

WHEREAS, additional hours are needed to assist the Coordinator of Fiscal Operations and Budgetary Planning with analyzing data, preparing the Consolidated Fiscal Report and planning for 2002, and

WHEREAS, funding is available in the 2002 budget account 4310.435 Professional Fees to provide additional services.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to approve an amended contract with Jeffrey G. Weyrauch for budgetary consultant services to the Schuyler County Mental Health Department, at a rate of $100.00 per hour, not to exceed an additional $3,500 for the 2002 calendar year, effective immediately, contract subject to approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 149 Motion by Young, Second by Bingell.

RE: AUTHORIZE CONTRACT WITH STANLEY CLARK FOR OFFICE COVERAGE – VETERANS SERVICES

WHEREAS, the Human Services Committee unanimously recommends that additional funding should be provided for the Veterans Services Agency to allow hiring an accredited Service Officer when the Director is on vacation or attending required training, and

WHEREAS, Stanley Clark, an accredited Service Officer, has agreed to provide these services.

NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with Stanley Clark for the term April 9, 2002 through December 31, 2002, in an amount of $12.00 per hour, not to exceed 80 hours, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $960.00 from Contingency account no. 1990.500 to account no. 6510.435-Professional Fees and Services.

VOTE: Passed 8-0.

RESOLUTION NO. 150 Motion by Young, Second by Bingell.

RE: PROCLAIM THE MONTH OF MAY AS OLDER AMERICANS MONTH – OFFICE FOR THE AGING

WHEREAS, the month of May has been designated as Older Americans Month, and

WHEREAS, the fastest growing segment of the American society consists of older Americans, and

WHEREAS, older Americans have contributed a lifetime to the growth and development of their community and the nation, and

WHEREAS, older Americans continue to contribute to the welfare of their community as volunteers, and

WHEREAS, the Schuyler County Legislature wishes to recognize the older Americans residing in Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby designate the week of May 12 through May 18, 2002 as Older Americans Week in Schuyler County, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature wishes to express its sincere appreciation and gratitude to all Schuyler County Seniors.

VOTE: Passed 8-0.

RESOLUTION NO. 151 Motion by Bingell, Second by Larison.

RE: AUTHORIZE THE CREATION OF A SR. ACCOUNT CLERK TYPIST POSITION/ABOLISH OFFICE MANAGER POSITION – OFFICE FOR THE AGING

WHEREAS, the Office Manager for the Office for the Aging has tendered her resignation to be effective tentatively July 1, 2002, and

WHEREAS, the Director of the Office for the Aging/Youth Bureau has reviewed the job description and made changes to the duties for said position, and

WHEREAS, after review of the revised job description by the Personnel Officer, it is determined that the duties relate to that of a Sr. Account Clerk Typist (Grade Level XII), not an Office Manager (Grade Level XX).

NOW, THEREFORE, BE IT RESOLVED, that this Legislature approve the creation of the position of Sr. Account Clerk Typist in the Office for the Aging, Grade Level XII, at an hourly rate of $11.72, and

BE IT FURTHER RESOLVED, that the position of Office Manager in the Office for the Aging be hereby abolished, and

BE IT FURTHER RESOLVED, that the above changes shall take place upon the resignation of the current Office Manager.

VOTE: Passed 8-0.

RESOLUTION NO. 152 Motion by Bingell, Second by Larison.

RE: REQUEST THE STATE OF NEW YORK TO EXAMINE THE FUNDING OF THE EVOLVING HEALTHCARE SYSTEM AND TO ASSUME THE COUNTY SHARE OF MEDICAID COSTS

WHEREAS, the State of New York participates with and administers the Federally mandated Medicaid Program, a healthcare initiative covering medically related expenses incurred by the economically disadvantaged of the state, and

WHEREAS, the Counties of the State of New York fund, along with the State of New York, the operations of the Medicaid Program, and

WHEREAS, the Medicaid Program is apparently the default payer for many developing programs of Health Insurance coverage, i.e.: Child-Health Plus, Family Health Plus, Early Intervention, Pre-K Special Education Program, the Children with Special Healthcare Needs Program, and the ever expanding number of facilities and services provided by Article 28 facilities which are licensed and approved by the New York State Department of Health to provide health care and dental services in New York State, and

WHEREAS, it has become evident that the number of these services, insurance programs, and facilities is increasing, and will continue to increase under pressures to cover a wider scope of the population of the State of New York and its needs, and

WHEREAS, information from the New York State Association of Counties indicates that county governments throughout New York State will be mandated to assume costs for the various medical programs that would approach $400 million over a three-year period, and

WHEREAS, federal officials have stated in recent public pronouncements that the federal government will not significantly increase Medicaid reimbursement to help defray the additional expenses Counties face, and

WHEREAS, the current level of taxation of properties made necessary by Counties’ operating budgets under numerous State mandates is currently the single most identified deterrent to economic growth and development of the Counties of this State, and

WHEREAS, the current level of taxation by the County of Schuyler is approaching 66 per cent of the maximum allowable by law, and

WHEREAS, the Medicaid share of the current total County tax burden is now approaching 39%, and

WHEREAS, the unnecessary burden of Medicaid expenditures to help finance new health programs can no longer be borne by the real property taxpayers of Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler insists that the State of New York re-examine the fiscal results of funding this evolving Healthcare System with an appropriate consideration given to the constraints and consequences of County real property taxation, and

BE IT FURTHER RESOLVED, that the State of New York, with no undue delay, assume the County share of all Medicaid expenses, and

BE IT FURTHER RESOLVED, that the Clerk of this Legislature is hereby directed to forward a certified copy of this resolution to the Governor of the State of New York, the Comptroller of the State of New York, the Speaker of the Assembly, the Majority Leader of the Senate, Senator John R. Kuhl, Jr., Assemblyman James Bacalles, the Board Chairs of all County Legislatures, NYSAC and the Inter-County Association of Western New York.

VOTE: Passed 8-0.

RESOLUTION NO. 153 Motion by Bingell, Second by Larison.

RE: ACKNOWLEDGE MAY AS “NATIONAL FOSTER PARENTS MONTH” – SOCIAL SERVICES

WHEREAS, May has been declared “Foster Parents Month” on a national level, and

WHEREAS, there are several dedicated foster families serving the needs of children and families in crisis in Schuyler County, and

WHEREAS, Schuyler County wishes to recognize their valuable contribution and encourage other families to become foster parents.

NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature declares May as “Foster Parent Month” in Schuyler County.

VOTE: Passed 8-0.

RESOLUTION NO. 154 Motion by Bingell, Second by Larison.

RE: AUTHORIZE CONTRACT WITH VERIZON DIGITAL CENTREX PLUS – BUILDINGS AND GROUNDS

WHEREAS, the Building Maintenance Supervisor has reviewed quotes for local telephone line service and recommends accepting the proposal from Verizon.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign any an all contracts necessary with Verizon Digital Centrex Plus for local telephone line service for a 37-month term commencing upon signing of the contract, in the amount of $15.98 per line; funding available in the 2002 Central Services budget; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 155 Motion by Bingell, Second by Marvel.

RE: DECLARE EQUIPMENT SURPLUS - HIGHWAY

WHEREAS, the Highway Department, in an effort to reduce the size of the equipment fleet, has outdated equipment it wishes to declare surplus to sell at the next municipal auction.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare the following equipment surplus, and

BE IT FURTHER RESOLVED, that the equipment be placed in storage for inclusion in the annual County Auction.

One (1) Cat 950 - with three (3) yard bucket / asset # 6486

One (1) Athey Loader / Asset # 350

One (1) Screening Plant / Asset # 592

One (1) Screening Plant Conveyor / no asset #

One (1) Steel water tank / Asset # 370

One (1) Tire Machine / Asset # 514

One (1) Dump Trailer / Asset # 602

VOTE: Passed 8-0.

RESOLUTION NO. 156 Motion by Bingell, Second by Marvel.

RE: ACCEPT/REJECT BIDS FOR THE DEMOLITION OF THE RAILROAD BRIDGE OVER COUNTY ROAD 8, TOWN OF HECTOR - HIGHWAY

WHEREAS, the Highway Superintendent and Public Works Committee directed the Legislative Clerk to advertise for bids for the demolition of the Railroad Bridge over County Road 8, and

WHEREAS, bids were opened March 15, 2002 and reviewed, with the recommendation being made by Hunt Engineers to accept the low bid from Silverline Construction, Inc.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the low bid from Silverline Construction, Inc., for the demolition of the County Road 8 Railroad Bridge at the low bid price of $42,029.00, funding available in the 2002 budget account no. 5120.325, and authorizes its Chairman to sign any and all necessary contract documents, subject to the approval of the Schuyler County Attorney, and

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

VOTE: Passed 8-0.

RESOLUTION NO. 157 Motion by Bingell, Second by Marvel.

RE: ACCEPT PROPOSAL FOR ENGINEERING SERVICES FROM HUNT ENGINEERING FOR THE DESIGN OF VALOIS POINT BRIDGE - HIGHWAY

WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for design services for the replacement of Valois Point Bridge (BIN 332430) over Breakneck Creek, and

WHEREAS, Hunt Engineers has proposed engineering services for the design of the Valois Point bridge that will replace the existing bridge.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to accept and sign the proposal from Hunt Engineers for design of Valois Point Bridge in an amount not to exceed $24,470.00, funding available in the 2002 County Road budget account no. 5020.400; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 158 Motion by Bingell, Second by Marvel.

RE: AUTHORIZE SUPPLEMENTAL AGREEMENT TO DESIGN 23A BRIDGE OVER TOBEHANNA CREEK - HIGHWAY

WHEREAS, the replacement of BIN 3359580, CR 23A over Tobehanna Creek is a Federal-aid eligible project, and

WHEREAS, Erdman Anthony and Associates, Inc. have been retained for engineering services for the replacement of CR 23A Bridge over Tobehanna Creek, and

WHEREAS, a supplemental agreement is necessary for three (3) title searches, three (3) acquisition maps, and a right-of-way plan that are now required, but were not assumed in the original agreement.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents with Erdman Anthony and Associates, Inc. for this supplemental agreement in an amount not to exceed $9,750.00, funding available in the 2002 budget account no. 5020.400; contract subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 159 Motion by Bingell, Second by Marvel.

RE: ACCEPT/REJECT BIDS FOR ICE CONTROL SAND MATERIAL - HIGHWAY

WHEREAS, Resolution No. 56 authorized the advertising for bids for furnishing of ice control sand materials for the Highway Department, and

WHEREAS, said advertisement was made with only two bids being received and opened on March 22, 2002.

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

Dalrymple Gravel & Contracting Co. Seneca Stone

2105 S. Broadway P.O. Box 76

Pine City, N.Y.14871 Fayette, NY 13065

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: SALE OF ABANDONED HIGHWAY RIGHT-OF-WAY AND ENCROACHMENT AGREEMENT – VORHIS - 5215 BUCK HILL ROAD – HIGHWAY DEPARTMENT

WHEREAS, the county holds title to certain parcels of former highway lands adjoining 5215 Buck Hill Road, Town of Hector, as described in the deed and encroachment agreement on file, and

WHEREAS, David and Sheila Vorhis own the adjoining premises and an encroaching mobile home and garage, and

WHEREAS, the abandoned highway rights-of-way are of no use to the county, and

WHEREAS, David and Sheila Vorhis have offered to purchase the same for the sum of $1,000 and it is the recommendation of the County Highway Superintendent and the County Attorney that such sale be made.

NOW, THEREFORE, BE IT RESOLVED as follows:

1. The County Legislature by 2/3rds vote hereby declares subject premises surplus in accordance with County Law §215 and accepts the offer of purchase from said adjoiners under the provision of Subdivision 8 of §215 whereby no public bid is required.

2. The Chairman and the County Attorney are hereby directed and authorized to take all steps necessary to consummate the purchase and sale of said premises as set forth above, to include the preparation and signature of all necessary conveyance documents.

3. The Clerk of the Legislature shall prepare a certified copy of this Resolution for transmittal to the County Attorney’s Office and recording in the Schuyler County Clerk’s Office at closing.

VOTE: Passed 8-0.

RESOLUTION NO. 161 Motion by Larison, Second by Bingell.

RE: AUTHORIZE SUBMISSION OF SMALL CITIES ECONOMIC DEVELOPMENT PROGRAM APPLICATIONS

WHEREAS, the Governor's Office of Small Cities (GOSC) has invited Schuyler County to apply for a grant of up to $750,000 to assist the Schuyler County Industrial Development Agency (SCIDA) to purchase the property and assets of the former Shepard Niles, Inc. manufacturing facility on North Genesee Street, Montour Falls, NY, and

WHEREAS, the job performance requirement of the grant is the creation of at least 50 FTE jobs in Schuyler County, 51% of which will be made available to persons of low- and moderate-income, and

WHEREAS, the County and Schuyler County Partnership for Economic Development (SCOPED) have in place a contract for the provision of grant writing services to the County for economic development projects, and

WHEREAS, the County has scheduled public hearings relating to the submission of a grant application.

NOW, THEREFORE, BE IT RESOLVED, that SCOPED be hereby authorized to prepare a grant application to the GOSC Economic Development Program for an amount not to exceed $750,000 to assist SCIDA in its purchase of the property and assets of the former Shepard Niles, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign and execute all necessary documents for this grant application, subject to review by the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 162 Motion by Larison, Second by Bingell.

RE: AUTHORIZE SUBMISSION OF SMALL CITIES HOUSING REHABILITATION PROGRAM APPLICATIONS

WHEREAS, the Governor's Office of Small Cities (GOSC) has invited Schuyler County to apply for a grant of up to $600,000 to assist Bishop Sheen with Housing rehabilitation consisting of new construction of affordable housing, direct homeownership assistance and/or private water/sewer water system assistance, and

WHEREAS, Cornell Cooperative Extension of Schuyler County in cooperation with Bishop Sheen are prepared to prepare this grant application, and

WHEREAS, the County has scheduled public hearings relating to the submission of a grant application.

NOW, THEREFORE, BE IT RESOLVED, that Bishop Sheen is authorized to prepare a grant application to the GOSC Housing Program for an amount not to exceed $600,000 to assist with home rehabilitation, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to sign and execute all necessary documents for this grant application, subject to review by the County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 163 Motion by Young, Second by Bingell.

RE: AUTHORIZING HIRING OF INTERN FOR COUNTY COMPREHENSIVE PLAN

WHEREAS, the Schuyler County Planning Commission has been charged with development of the County’s Comprehensive Plan, and

WHEREAS, it is the recommendation of the Planning Commission that an intern be hired to help the Planner collect and compile information for the Plan, and

WHEREAS, the intern will be provided to our local Cooperative Extension by the Chemung County Cooperative Extension at a cost not to exceed $1,400, funding available in the County’s 2002 budget, account no. 8020.359, to pay for the same, and

WHEREAS, Chemung County Cooperative Extension requires a Letter of Intent, subject to review and approval by the Schuyler County Attorney, and payment to be made in advance in order to guarantee the availability of an intern.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the hiring of an intern by Cornell Cooperative Extension, as stipulated above, on behalf of the Planning Commission to assist with the compilation of the County’s Comprehensive Plan.

VOTE: Passed 8-0.

RESOLUTION NO. 164 Motion by Young, Second by Bingell.

RE: PROCLAIM WEEK OF MAY 5-12, 2002 AS “NATIONAL TOURISM WEEK”

WHEREAS, National Tourism Week for 2002 is being celebrated nationally from May 5-12, 2002, 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, 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, 2002 as National Tourism Week in Schuyler County and National Recognition Day May 8, 2002, 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. 165 Motion by Young, Second by Bingell.

RE: RESOLUTION AGAINST THE PROPOSED INCREASE IN THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND

WHEREAS, the Governor has proposed to remove certain offices overseeing Cultural Education from the New York State Education Department, incorporating these in an entirely new Institute for Cultural Education, and

WHEREAS, in order to fund this Institute; including the State Archives, State Library, State Museum and State Office for Public Broadcasting, New York State will need to raise millions of dollars in capital investment and plans to do this by quadrupling the present five dollars collected by all County Clerks and the Register of the City of New York on all recorded, indexed and entered documents to twenty dollars, effective July 1, 2002, and

WHEREAS, the Local Government Records Management Improvement Fund was created in 1989 to support grants and technical assistance to local governments to improve and enhance the management of their records and information, and

WHEREAS, said fee increase would provide no improvement in service for the taxpayers paying the fee, nor any additional benefits to the local governments that must collect said fee increase, and

WHEREAS, no demonstrated benefit has been identified in the relocation of these functions to the proposed Institute, in contrast to the highly effective and beneficial relationship that local governments now enjoy with the New York State Education Department.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature stands firmly opposed to this proposal, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to the Governor, the New York State Legislature and all others deemed necessary and proper, and we urge them to likewise oppose this proposal.

VOTE: Passed 8-0.

RESOLUTION NO. 166 Motion by Karius, Second by Marvel.

RE: APPROVE APPLICATION FOR REFUND OF REAL PROPERTY TAXES – PERSONIUS, TOWN OF DIX

WHEREAS, application for a refund of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL), for parcel 95.-1-13 in the Town of Dix, and

WHEREAS, the Real Property Tax Director has determined that the omission of the $5,000 Eligible Funds Veteran’s Exemption constitutes a clerical error as defined in RPTL Section 556(7)a, if an application for refund was made within three years from the annexation of the warrant for such tax, and

WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee to approve the application for the years 2000 and 2001, and to deny the application for 1999.

NOW, THEREFORE, BE IT RESOLVED, that the application be hereby approved for the years 2000 and 2001, and that the Treasurer be hereby authorized to issue a refund in the amount of $132.58, and

BE IT FURTHER RESOLVED, that $93.03 be charged to the County’s Uncollectible account, and $39.55 be a chargeback to the Town of Dix, and that a certified copy of this resolution be sent to the Town of Dix.

VOTE: Passed 8-0.

RESOLUTION NO. 167 Motion by Karius, Second by Marvel.

RE: AUTHORIZE CHAIRMAN TO SIGN LETTERS OF AGREEMENT WITH THE VILLAGES FOR THE COUNTY TO PROVIDE TAX BILL PROCESSING

BE IT RESOLVED, that the Chairman of the Legislature be hereby 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 2002 at the rate of twenty-five cents per bill, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 168 Motion by Karius, Second by Marvel.

RE: AMEND SCHUYLER COUNTY POLICIES AND PROCEDURES

WHEREAS, the Schuyler County Policies and Procedures is in need of updating, and

WHEREAS, the Personnel Officer is providing suggested amendments of portions of the manual as time permits, and

WHEREAS, the Management and Finance Committee has reviewed and approved the attached amendments.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the amendment of the following subjects of the Schuyler County Policies and Procedures and replaces pages 26-32 accordingly:

Amend Hiring Policy – Support Staff

Amend Hiring Policy – Department Heads

Revise and Amend Department Head Leave Policy

Telecommute/Work-at-Home Policy for Exempt Management/Confidential Employees

VOTE: Passed 8-0.

RESOLUTION NO. 169 Motion by Marvel, Second by Bingell.

RE: PROCLAIM WEEK OF APRIL 21-27, 2002 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 21-27, 2002 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. 170 Motion by Marvel, Second by Bingell.

RE: AUTHORIZE FILLING OF PERSONAL SECRETARY POSITION/TRANSFER OF FUNDS – LEGISLATURE

WHEREAS, the Personal Secretary position in the Legislative Office has been vacant since May, 2001, which now requires legislative approval to fill, and

WHEREAS, the Clerk to the Legislature and the Management and Finance Committee agree that help is needed in the Legislative Office and needs to be provided as quickly as possible.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Clerk of the Legislature to fill the Personal Secretary to the Legislature position at 35 hours per week, in Grade Level B in the Management/Confidential Salary Plan in a salary range of $22,281 (minimum) - $28,144 (mid-range), and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the necessary funding for salary depending on date of hire and salary determination, but in no event not to exceed $17,000, from Contingency account no. 1990.500 to Legislative account no. 1010.100.

VOTE: Passed 8-0.

RESOLUTION NO. 171 Motion by Young, Second by Bingell.

RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 3 OF THE YEAR 2002 SETTING THE SALARIES OF CERTAIN PUBLIC OFFICERS FOR THE YEAR 2002

WHEREAS, a proposed Local Law regarding Setting the Salaries of Certain Public Officers for the Year 2002 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held Monday, April 8, 2002 at 7:00 p.m, and

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

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1 /Local Law No. 3 of the year 2002, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and

BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 1/Local Law No. 3 of the year 2002, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 3 OF THE YEAR 2002

A Local Law Setting the Salaries of Certain Public Officers for the year 2002.

Be it enacted by the Legislature of the County of Schuyler as follows:

1. Effective within 45 days hereof, the salaries of the public officers listed below shall be in the amounts herein stated beginning January 1, 2002.

2. The following public officers are subject to the provision hereof:

County Attorney $45,307

Assistant County Attorney $60,392

Assistant County Attorney $56,815

3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24.

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

RESOLUTION NO. 172 Motion by Young, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS FOR BUILDINGS AND GROUNDS, SENECA HARBOR PARK

WHEREAS, required appropriations were erroneously omitted from the 2002 budgets for Grounds and Seneca Harbor Park, and

WHEREAS, it is the desire of this Legislature to provide these funds.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $2,400 from Contingency account no. 1990.500 to the following accounts:

ACCOUNT DESCRIPTION AMOUNT

1622.490 Grounds - Subcontracts $1,500

7110.490 Seneca Harbor Park - Subcontracts $ 900

VOTE: Passed 8-0.

RESOLUTION NO. 173 Motion by Larison, Second by Bingell.

RE: AUTHORIZE GRANT APPLICATION FOR HIGHWAY SAFETY – SHERIFF

WHEREAS, the Governor’s Traffic Safety Committee has monies available to municipalities for Highway Safety Programs, and

WHEREAS, the Schuyler County Sheriff’s Department is in need of updating their radar units, and

WHEREAS, the Department continually spends local dollars for traffic enforcement.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to file a grant application for a radar unit and the cost of 100 hours in overtime for traffic safety, which is funded 100% by the Governor’s Traffic Safety Committee, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute any agreements regarding this grant, subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 174 Motion by Larison, Second by Bingell.

RE: AUTHORIZE GRANT APPLICATION FOR COMPUTER EQUIPMENT UPGRADE - SHERIFF

WHEREAS, the Schuyler County Sheriff’s Department is in need of upgrading their computers and file server, and

WHEREAS, funding is available through the NYS Division of Criminal Justice Services for such upgrades.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to apply for a computer equipment upgrade grant in an approximate amount of $18,000. It being understood that the 25% match for this grant will come from allocated funds for computer upgrades in the Stop DWI Program budget, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all agreements regarding this grant, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 175 Motion by Larison, Second by Bingell.

RE: AUTHORIZE CONTRACT WITH JUSTICE BENEFITS PROGRAM - SHERIFF

WHEREAS, Justice Benefits, Inc. does business in numerous counties throughout the United States, including 31 counties in New York State, for the purpose of trying to capture additional federal funds available under Federal Financial participation, and

WHEREAS, Justice Benefits, Inc. will provide professional assistance to explore opportunities for new funds for counties and review their existing records to ensure they are receiving all available reimbursement from the federal government, and

WHEREAS, counties in New York State in the year 2001 received anywhere from $400 to $284,000 through an agreement with Justice Benefits, Inc., and

WHEREAS, there is no direct cost to the counties for the services of Justice Benefits, Inc., since they use a commission rate only if they find and the county receives additional monies.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an agreement with Justice Benefits, Inc. for their services described above, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 176 Motion by Bingell, Second by Larison.

RE: AUTHORIZE CONTRACTS FOR FEDERAL SECTION 5311 TRANSIT OPERATING ASSISTANCE

WHEREAS, the Governor of the State of New York has designated the New York State Department of Transportation (NYSDOT) to receive and administer federal funds under a Non-Urbanized Area Formula Program, and

WHEREAS, NYSDOT is authorized by Section 14 of the Transportation Law to assist in the operation of transportation facilities and services in the State, including mass transit facilities and services, and

WHEREAS, Schuyler County is a grantee under said Program and may make application annually to NYSDOT for such federal aid for operating assistance for the project, and

WHEREAS, Progressive Transportation Services, Inc. d/b/a Chemung Transit will provide certain public mass transportation services as part of this Program and will receive payment annually by Schuyler County of certain reimbursable operating expenses associated with the rendition of such services, and

WHEREAS, NYSDOT and Schuyler County desire to enter into a continuing agreement from January 1, 2002 through December 31, 2012; for the receipt by the county of federal operating assistance payments pursuant to said annual project applications, provided that such federal funding is made available by the Federal Transit Administration and the State.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts relative to this arrangement; subject to the approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 177 Motion by Bingell, Second by Larison.

RE: APPOINTMENT – LOCAL EMERGENCY PLANNING COMMITTEE

WHEREAS, the National Organization on Disability recommends the County appoint a disability representative to serve on its local planning committee for disaster preparedness.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approve the appointment of Mike Wolak to the Local Emergency Planning Committee effective immediately with no ending term.

VOTE: Passed 8-0.

RESOLUTION NO. 178 Motion by Bingell, Second by Larison.

RE: APPOINTMENTS – SCHUYLER COUNTY PLANNING COMMISSION AND ENVIRONMENTAL MANAGEMENT COUNCIL

BE IT RESOLVED, that the Schuyler County Legislature approve the appointment of the following individuals as Town of Reading representatives to the Schuyler County Planning Commission and EMC for the term commencing April 1, 2002 and terminating April 1, 2004:

Frank Gigliotti Planning Commission

John Rockwell EMC, and

BE IT FURTHER RESOLVED, that the appointment of William Kelly as medical representative on the Planning Commission for the term April 1, 2002 through April 1, 2004 be hereby approved.

VOTE: Passed 8-0.

RESOLUTION NO. 179 Motion by Bingell, Second by Larison.

RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF COUNTY ROUTE 27, COUNTY ROUTE 16, AND COUNTY ROUTE 23A BRIDGE REPLACEMENTS

WHEREAS, Schuyler County has received the completed engineering designs for bridge replacements, and

WHEREAS, the replacement of BIN 3332660, CR 16 over Meads Creek Tributary, the replacement of BIN 3332690, CR 27 over Rock Stream and the replacement of BIN 3359580, CR 23A over Tobehanna Creek are Federal aid-eligible projects with a 5% local match, and

WHEREAS, there is money available in the 2002 budget account no. 5120.307 for CR 23A, budget account no. 5120.342 for CR 16, and budget account no. 5130.570 for CR 27.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent be hereby authorized to advertise for bids for the replacement of CR 16 Bridge over Meads Creek, CR 27 Bridge over Rock Stream, and CR 23A Bridge over Tobehanna Creek.

VOTE: Passed 8-0.

RESOLUTION NO. 180 Motion by Larison, Second by Bingell.

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

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

VOTE: Passed 8-0.

RESOLUTION NO. 181A Motion by Hastings, Second by Karius.

RE: MOTION TO AMEND RESOLUTION NO. 181

BE IT RESOLVED, that Resolution No. 181 be amended to change the wording of the third “Whereas” clause and to add a “Be it Further Resolved” clause to read as follows:

“WHEREAS, Resolution No. 143-02 authorizing the filling of two existing Fiscal Accounting Specialist positions is no longer needed.”

“BE IT FURTHER RESOLVED, that Resolution No. 143 be rescinded.”

DISCUSSION: Legislator Hastings explained that Resolution No. 181-02 needs to be amended to rescind Resolution No. 143 because the two full-time fiscal accounting positions are no longer needed. Legislator Marvel asked why this needs to be brought up as an emergency resolution. Legislator Hastings explained that they are in the process of interviewing for the position. The Legislature passed a resolution that authorized this position to be in a higher grade than appropriate. The grade should not have been increased, because the qualifications were not increased. Now they need to advertise the position to fill it.

VOTE: Passed 8-0.

RESOLUTION NO. 181 Motion by Larison, Second by Hastings.

RE: AUTHORIZATION TO CREATE, ADVERTISE AND FILL A SUPERVISOR OF FISCAL OPERATIONS AND COMPUTER SERVICES POSITION – MENTAL HEALTH AND PUBLIC HEALTH – AS AMENDED

WHEREAS, the Director of Community Services and Public Health Departments have reviewed the needs of the departments, and

WHEREAS, there is a need for fiscal operations and computer services within the departments at a level that coincides with the position of Supervisor of Fiscal Operations and Computer Services, and

WHEREAS, Resolution No. 143-02 authorizing the filling of two existing Fiscal Accounting Specialist positions is no longer needed.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the creation, advertising and filling of a full-time Supervisor of Fiscal Operations and Computer Services position, half-time in the Mental Health Department and half-time in the Public Health Department, Grade XXVII, salary of $17.32 per hour, effective immediately, pending necessary approval of the Civil Service Department; funding for this position being available in the 2002 Budget, Account No’s: 4310.100 and 4010.100, and

BE IT FURTHER RESOLVED, that Resolution No. 143-02 be rescinded.

VOTE: Passed 8-0.

RESOLUTION NO. 182 Motion by Larison, Second by Hastings.

RE: AUTHORIZE ACCEPTANCE OF THE NEW YORK CONSUMER SETTLEMENT OF A NATIONWIDE VITAMIN ANTITRUST PRICE FIXING CASE AND THE CYPRES DISTRIBUTION TO 106 NOT-FOR-PROFIT ORGANIZATIONS AND POLITICAL SUBDIVISIONS

WHEREAS, the Schuyler County Office for the Aging has received $39,310.00 from the Vitagrants application for a vehicle, kitchen equipment and operations.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Office for the Aging be designated administrator for the Vitagrants settlement, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature authorize the Treasurer to set up the grant budget, as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

$28,000 6772.204-6702 Vehicle

$ 9,110 6772.200-6702 Equipment

$ 2,200 6772.400-6702 Contractual Expense

$39,310 6772-3772-6702

VOTE: Passed 8-0.

RESOLUTION NO. 183 Motion by Larison, Second by Hastings.

RE: APPOINTMENT – SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY BOARD

BE IT RESOLVED, that the Schuyler County Legislature approve the appointment of Margaret F. Cook to the Schuyler County Industrial Development Agency Board for the term commencing April 9, 2002 and terminating December 31, 2002.

DISCUSSION: Legislator Hastings asked why these two appointment resolutions are not going through committee. Chairman Gifford explained that there is an Industrial Development Agency meeting on Wednesday and they would like this person appointed before that meeting if possible.

VOTE: Passed 8-0.

RESOLUTION NO. 184 Motion by Larison, Second by Hastings.

RE: APPOINTMENT – SCHUYLER COUNTY REPRESENTATIVE TO THE FINGER LAKES ASSOCIATION

BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Gene Pierce as the Schuyler County representative to the Finger Lakes Association for the term commencing April 9, 2002 and terminating December 31, 2003.

VOTE: Passed 8-0.

NEW BUSINESS:

MOTION by Hastings, to draft a proclamation to recognize the Town of Hector on its bicentennial celebration, SECOND by Bingell. Motion carried eight ayes to zero noes.

UNFINISHED BUSINESS: None.

REPORT ON STANDING COMMITTEES: None.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 7:25 p.m.

Barbara Klemann, Confidential Sec’y. to the County Attorney

Kathy Walruth, Records Manager

SPECIAL MEETING

MAY 6, 2002

The May 6, 2002 Special Meeting of the Schuyler County Legislature was called to order at 1:47 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

RESOLUTION NO. 185 Motion by Larison, Second by Bingell.

RE: RATIFICATION OF SPECIAL MEETING

1. Designation of Certifying Officer for Governor’s Office of Small Cities Grant Application Process.

VOTE: Passed 8-0.

MOTION by Hastings to go into Executive Session to discuss acquisition of property, SECOND by Marvel. Motion carried eight ayes to zero noes.

MOTION by Bingell, SECOND by Larison to come out of Executive Session. Motion carried eight ayes to zero noes.

RESOLUTION NO. 186 Motion by Young, Second by Bingell.

RE: DESIGNATION OF CERTIFYING OFFICER FOR GOVERNOR’S OFFICE OF SMALL CITIES GRANT APPLICATION PROCESS

WHEREAS, the Legislature passed Resolution No. 161–02, to authorize this grant application, and

WHEREAS, GOSC 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 this application and any grant funds received.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is hereby designated as Certifying Officer for all compliance purposes related to the GOSC Economic Development Program, and is authorized to sign environmental review documents as required, subject to the approval of the Schuyler County Attorney.

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

RESOLUTION NO. 187 Motion by Larison, Second by Young.

RE: PROCLAIM THE MONTH OF MAY AS WATERSHED AWARENESS MONTH

WHEREAS, New York State’s water resources are a rich tableau of rivers, streams and lakes that combine to form watersheds, and

WHEREAS, such treasured water resources provide citizens with clean drinking water, recreational and business opportunities, and

WHEREAS, the State of New York invests enormous resources to restore and protect water resources, and

WHEREAS, the State of New York is committed to a watershed approach to resource management in which concerned community members come together as watershed guardians to address and resolve problems, and

WHEREAS, the State of New York is empowering and assisting local watershed organizations to work in partnership as watershed guardians to help resolve or to remediate current water quality and water quantity problems within watershed boundaries, and

WHEREAS, the watershed approach to environmental protection leads to cleaner rivers and streams, safer drinking water and greater protection of aquatic wildlife habitats, and

WHEREAS, educational fora connect adults and children to their watersheds, including the land, water and its people, and ultimately lead to long-term protection of these valuable water resources, and

WHEREAS, it is important for the State of New York to recognize and celebrate the efforts of hardworking volunteers within watershed groups ti improve their communities today and for future generations.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature pause in its deliberations to memorialize Governor George E. Pataki to proclaim May 2002 as Watershed Awareness Month in the State of New York,

WHEREAS, the 2.7 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 county, 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 along with the American Nurses Association, this Legislature recognizes the week of May 6–12, 2002 as National Nurses Week 2002 with the theme “Nurses Care for America” in celebration of the ways in which registered nurses strive to provide safe and high quality patient care and map out the way to improve our health care system, and

BE IT FURTHER RESOLVED, that the community celebrate registered nurses’ accomplishments and efforts to improve our health care system and show our appreciation for all our community’s nurses in Schuyler County Public Health, Schuyler County Mental Health Clinic, Schuyler Hospital, The Falls Home, Schuyler Hospital’s Seneca View facility, local Schools and Doctors’ offices.

VOTE: Passed 8-0.

RESOLUTION NO. 191 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE ADVERTISING FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM 7/1/02 - 6/30/2003 – PUBLIC HEALTH

WHEREAS, Schuyler County must provide transportation to preschool children with disabilities

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Public Health Office is hereby authorized to advertise for bids for the transportation of preschool children with disabilities from July 1, 2002 through June 30, 2003, 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, Unit 6, Watkins Glen, NY 14891, no later than 5:00 p.m. on Friday, May 31, 2002. The bids will be opened on Monday, June 3, 2002 at 9:30 a.m.; acceptance or rejection of bids will be done at the June 10, 2002 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids.

VOTE: Passed 8-0.

RESOLUTION NO. 192 Motion by Larison, Second by Bleiler.

RE: ESTABLISH THE 2001-2002 EARLY INTERVENTION/CHILD FIND/CSHCN PROGRAM BUDGET - PUBLIC HEALTH

WHEREAS, Schuyler County’s Early Intervention/Child Find/CSHCN grant budget is $50,318 from October 1, 2001 through September 30, 2002.

NOW, THEREFORE, BE IT RESOLVED that the 2001-2002 EI/Child Find/CSHCN budget be established as follows:

$30,126 to account no. 4010.100‑4081 ‑ Personal Service

$ 4,000 to account no, 4010.208-4081 - Computer Equipment

$ 5,768 to account no. 4010.400‑4081 ‑ Contractual Expense

$10,424 to account no. 4010.489‑4081 ‑ Fringe Benefits

$50,318 TOTAL EXPENSES

$50,318 to grant revenue account no. 4010-4461-4081

VOTE: Passed 8-0.

RESOLUTION NO. 193 Motion by Larison, Second by Bleiler.

RE: AUTHORIZATION TO FILL THE SUPERVISOR, MOBILE WORK CREW POSITION, DEPARTMENT OF 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 September 2001, 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 has been 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, and

WHEREAS, the Legislature removed funding for the position in the 2002 budget for the period January through September but included for the position starting in October 2002.

NOW, THEREFORE, BE IT RESOLVED, that the position of Supervisor, Mobile Work Crew be authorized to be filled on or after October 1, 2002 at grade XVI ($11.19 per hour) for a 40 hour workweek, funding appropriated in the Social Services budget account no. 6010.100-Personal Services.

DISCUSSION: Legislator Hastings asked Legislator Bleiler to explain why the Mobile Work Crew Supervisor will not be hired until October, 2002. Legislator Bleiler explained that the position is not needed until then, therefore the budget reflects a salary for only three months. Legislator Hastings said she heard from the Employment Unit Supervisor that there are some questions over whether these two positions are compatible. Legislator Bleiler said they do not want to see more than one person supervising the workers. They will be applying for a grant to assist people with looking for a job in terms of training. Legislator Hastings said no one is doing that now. Legislator Bleiler explained that there is someone employed by the New York State Department of Labor and the Employment Unit Supervisor also does this work, however, she has been out on a leave of absence. He continued to explain that they would have to apply for the grant first, and they may not receive it. Last year they applied for the grant first and then the position failed at the legislative level. This year, they are putting the cart before the horse. Legislator Bingell said with the unemployment rate so extremely high, it might not be wise to abolish the Assistant Mobile Work Crew Supervisor position. Who will take over if the Supervisor is out ill? She feels the program needs to continue. William Weiss, Commissioner of Social Services, said he has a dissertation to read regarding the history of the Mobile Work Crew program. The program started in 1995 in the employment unit and was supervised by the Building Maintenance Supervisor. In the late 1990’s the supervisor position needed to do more job development. Then they hired an assistant with the help of grant funds, to drive the workers to and from work. The assistant was doing the supervising and the supervisor was doing work in-house. He felt they needed to expand the duties to get more job development work done. If, in fact, the Mobile Work Crew Supervisor is absent, the employment training coordinator will supervise the crew. He feels more job development is needed to get people in paid positions. It is not changing the role, but changing the title. In May, June, July and August of 2001, there was only a total of 192 crew hours worked. That is not significant. That is why we suggested that we do not hire until October of this year. Legislator Hastings asked if the numbers of clients received declined also. Bill said they actually rose by 7%. The Safety Net increased by 10%. Legislator Hastings felt the State initiated the Mobile Work Crew program for this purpose. There are people out of work and she feels most of them should be eligible for the Mobile Work Crew. Bill explained that there is a list of three people that qualify. He is trying to expand the employment unit to get these people a better job.

VOTE: Passed 7-1. No: Marvel.

RESOLUTION NO. 194 Motion by Hastings, Second by Young.

RE: AUTHORIZATION TO CREATE AND FILL AN EMPLOYMENT/TRAINING COORDINATOR POSITION IN THE DEPARTMENT OF SOCIAL SERVICES

WHEREAS, the federal government provides 50% of the cost of Temporary Assistance for Needy Families (TANF) payments, with the state and local government each being responsible for 25% of the cost, and

WHEREAS, the federal government has established a five-year time limit for TANF, and

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

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

WHEREAS, the Schuyler County Department of Social Services assists recipients of TANF payments in obtaining gainful employment in order to reduce the client’s dependence on the government for assistance, and

WHEREAS, funding may be available from the state and federal governments to pay for the entire cost of a new position to assist TANF recipients in obtaining employment, and

WHEREAS, funds are not currently available for the position in the Department’s 2002 budget, and

WHEREAS, the position of Assistant Mobile Work Crew Supervisor is vacant.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be authorized to create and fill a new position titled Employment/Training Coordinator to be placed in Grade Level XXI at an hourly rate of $13.93, subject to availability of 100% state and federal funding, and

BE IT FURTHER RESOLVED, that the position of Assistant Mobile Work Crew Supervisor in the Department of Social Services be abolished, and

BE IT FURTHER RESOLVED, that the new position of Employment/Training Coordinator shall be reviewed by the Human Services Committee 12 months after it is filled to determine its effectiveness.

VOTE: Passed 8-0.

RESOLUTION NO. 195 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZATION TO CREATE AND FILL A PART-TIME SOCIAL SERVICES INVESTIGATOR POSITION IN THE DEPARTMENT OF SOCIAL SERVICES

WHEREAS, the Department of Social Services has a responsibility of ensuring only individuals and families who are eligible for government benefits actually receive those benefits, and

WHEREAS, the Department has had many instances in the past where those who are not eligible for social services apply for, and in some cases receive, benefits to which they are not entitled, and

WHEREAS, the Department currently contracts with the Schuyler County Sheriff’s Department for fraud investigation and to visit applicant’s or client’s homes under the Eligibility Verification Review (EVR) program, and

WHEREAS, the EVR program, started in 1998, has had a significant impact identifying ineligible applicants prior to the issuance of benefits, which has resulted in a savings to Schuyler County taxpayers of over $220,000 in the 3 ½ years of its operation, and

WHEREAS, fraud referrals and arrests have significantly declined over that period, thus saving additional local taxpayers dollars, and

WHEREAS, the Department proposes to expand the EVR program to include the checking of public records contained in computer databases as well as other sources, and to conduct a limited EVR of MEDICAID applicants, and

WHEREAS, funding for a new position of Investigator is available in the Department’s budget account no. 6010.553 (this line contains $20,472 for the fraud contract with the Sheriff; the funds remaining will need to be transferred to the personnel account), and

WHEREAS, reimbursement to the Department is greater having a salary expense rather than a contractual expense.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be hereby authorized to create and fill a new part-time (20 hours per week) position of Social Services Investigator, Grade Level XXI, at an hourly rate of $13.93, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer funds as necessary from the fraud contractual line item in the Social Services budget.

DISCUSSION: Legislator Young said she would like to see something added to this because she would like someone to look into possible fraudulent behavior in terms of Medicaid providers, physicians and pharmacists, etc. Attorney Coleman informed Legislator Young that New York State has a department that investigates Medicaid fraud. That is all they do.

VOTE: Passed 7-1. No: Marvel.

RESOLUTION NO. 196 Motion by Bingell, Second by Bleiler.

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

BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute two-year term agreements with Hunt Engineers and Fisher Associates for various engineering services for the County Highway Department for the term July 1, 2002 through June 30, 2004, to be paid from Engineering account no. 5020.400; said agreements subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 197 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZE INTER-MUNICIPAL SHARING AGREEMENTS - HIGHWAY

WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for a Mutual Sharing Agreement between the county’s eight (8) Towns and four (4) Villages, and

WHEREAS, each municipality has a highway/street department capable of assisting the other, and

WHEREAS, this is a Mutual Sharing Plan pursuant to Article 5-G of the General Municipal Law and is further an inter-municipal agreement as sanctioned by said Article.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents pertaining to the Inter-Municipal Agreement between the County of Schuyler and the participating Towns and Villages in Schuyler County, subject to the approval of the County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 198 Motion by Bingell, Second by Larison.

RE: AUTHORIZE ASSISTANCE TO TOWN OF CAYUTA TO CLEAN JACKSON CREEK - HIGHWAY

WHEREAS, the Highway Superintendent and the Public Works Committee agree that Jackson Creek needs cleaning from State Route 224 to Cayuta Creek and also from Decker Road to Banfield Creek.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Department shall work in cooperation with the Town of Cayuta Highway Department and Schuyler County Soil and Water District, and all other agencies pertaining to the cleaning of said creek.

VOTE: Passed 8-0.

RESOLUTION NO. 199 Motion by Bingell, Second by Larison.

RE: AUTHORIZE SUB-LEASE AGREEMENT WITH THE KROG CORPORATION

WHEREAS, Schuyler County owns land south of the railroad tracks at Seneca Harbor Park, and

WHEREAS, said land connects to the east end of Lincoln Way, a Village of Watkins Glen street, and

WHEREAS, vehicle traffic traverses across county land to connect to Decatur Street, and

WHEREAS, the county wishes to make improvements to said land for the vehicle traffic, and

WHEREAS, the county land is too narrow at the Decatur Street end to accommodate said traffic.

NOW, THEREFORE, BE IT RESOLVED, that Schuyler County enter into an annual Sub-Lease with the Krog Corporation for use of a triangle-shaped parcel of land containing 0.038 acres at a cost of $1 per year to be effective upon signing, and

BE IT FURTHER RESOLVED, that Schuyler County Buildings and Grounds and the Highway Departments shall make improvements on said land for vehicle traffic, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign the Sub-Lease agreement upon approval of the County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 200 Motion by Bingell, Second by Larison.

RE: AMEND 2002 BUDGET – EMERGENCY MANAGEMENT

WHEREAS, the U.S. National Forest has a contract with the Office of Emergency Management (that office representing all the fire departments that would protect the National Forest Land) for fire protection in which they pay the Office of Emergency Management $300, and

WHEREAS, the Burdett Fire Department did provide fire protection service for the National Forest and is to be the final recipient of said $300.

NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorizes the County Treasurer to amend the 2002 budget for the Office of Emergency Management in order to pay Burdett Fire Department, as follows:

+$300 3689.401 Contractual-Miscellaneous

+$300 3689-4389 Federal Aid

VOTE: Passed 8-0.

RESOLUTION NO. 201 Motion by Karius, Second by Bingell.

RE: AUTHORIZE CHAIRMAN TO SIGN AGREEMENT WITH ACCURINT - PROBATION

WHEREAS, the Probation Director has investigated the possibility of increasing restitution collections by tracking down a number of delinquent accounts, particularly those whose addresses may be unknown, and

WHEREAS, he has been in contact with Accurint, a company specializing in information management, and

WHEREAS, after a free trial period in which great success was achieved in increasing restitution and other fee collections, thereby increasing revenues for the county, it is believed the above objectives can be realized at minimal cost, and

WHEREAS, there are currently funds available in the 3140.435 account for this program.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an agreement with Accurint for the above-described review with the only cost dependent upon what is recovered; agreement subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

WITHDRAWN

RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF HECTOR, TAX MAP #11.20-2-2 - BURGESS

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

WHEREAS, a clerical error as defined in RPTL, Section 550(2)h occurred as the result of an entry of a relevied school tax which has been previously paid, and

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

NOW, THEREFORE, BE IT RESOLVED, that the application be approved, the 2002 Tax Roll (Bill #1056) for the Town of Hector be reduced by $1,463.09, and a corrected statement be issued for Tax Map #11.20-2-2 by the County Treasurer.

RESOLUTION NO. 202 Motion by Karius, Second by Bingell.

RE: DECLARE EQUIPMENT SURPLUS – REAL PROPERTY TAX AGENCY

WHEREAS, the Real Property Tax Department has a desk that is no longer needed by the department.

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

BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor remove said desk and place it in storage for inclusion in the annual County Auction.

One (1) Desk, Metal, 4 drawer

VOTE: Passed 8-0.

RESOLUTION NO. 203 Motion by Karius, Second by Bingell.

RE: DECLARE EQUIPMENT SURPLUS – OFFICE FOR AGING

WHEREAS, the Office for the Aging has a computer that is no longer needed by the department.

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

BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor remove said computer and place it in storage for inclusion in the annual County Auction.

One (1) Leading Edge Computer s/n H02300

VOTE: Passed 8-0.

RESOLUTION NO. 204 Motion by Karius, Second by Bingell.

RE: DENY APPLICATION FOR REFUND OF REAL PROPERTY TAXES GOODWIN, TOWN OF DIX

WHEREAS, application for a refund of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL), for parcel in the Town of Dix, for the 2001 Tax Roll, and

WHEREAS, part of parcel 65.13-1-26.2 was transferred from Thayer to Goodwin on June 30, 2000, after the taxable status date of March 1, 2000, and

WHEREAS, the 2001 Tax Bill # 107, paid entirely by Goodwin, should have been shared proportionately between Thayer and Goodwin, and

WHEREAS, erroneous payment of a tax does not constitute a correctable error as defined in the Real Property Tax Law, and

WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee to deny the application for a refund.

NOW, THEREFORE, BE IT RESOLVED, that the above application is hereby denied.

VOTE: Passed 8-0.

RESOLUTION NO. 205 Motion by Karius, Second by Bleiler.

RE: AUTHORIZE MAINTENANCE CONTRACT WITH OFFICE EQUIPMENT SOURCE, INC. FOR XEROX 3001 ENGINEERING COPIER – REAL PROPERTY TAX AGENCY

WHEREAS, the renewal charge for the Xerox 3001 Copier Maintenance Contract for a full year has increased from $300 to $600, and from $.071 to $.08 per metered foot, and

WHEREAS, the Real Property Tax Office has negotiated a six-month renewal for $300.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a full service maintenance agreement for the Xerox 3001 Copier in the Real Property Tax Office for a term of six months (April 15, 2002 to October 14, 2002), funding available in Real Property Tax Agency account no. 1355.426; amendment subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 206 Motion by Karius, Second by Bleiler.

RE: AUTHORIZE LETTER OF AGREEMENT WITH SOIL AND WATER FOR ROAD RUNNER SERVICE – INFORMATION TECHNOLOGY

WHEREAS, the Soil and Water Conservation District is interested in integrating with the County’s Road Runner Internet service and will pay the full cost thereof, and

WHEREAS, it is the recommendation of the Director of Information Technology and the Governmental Operations Committee that this agreement be allowed, which is approved by the County Attorney.

BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a Letter of Agreement with Soil and Water Conservation District for use of the County’s Road Runner Internet access in which Soil and Water Conservation District will reimburse the full cost thereof including labor and administrative fees; agreement subject to approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 207 Motion by Bingell, Second by Bleiler.

RE: ACCEPT/REJECT BIDS FOR THE REPLACEMENT OF CR 27 BRIDGE OVER ROCK STREAM - HIGHWAY

WHEREAS, the Highway Superintendent and Public Works Committee directed the Legislative Clerk to advertise for bids for the replacement of the CR 27 Bridge over Rock Stream, and

WHEREAS, bids were opened May 8, 2002 and reviewed with the recommendation being made by LaBella Associates to accept the low bid from Slate Hill Construction. .

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the low bid from Slate Hill Construction, for the County Road 27 Bridge Replacement over Rock Stream at the low bid price of $388,221.00, funding available in the 2002 budget account no. 5120.570, and

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

VOTE: Passed 8-0.

RESOLUTION NO. 208 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZE LEASE AGREEMENT WITH FINGER LAKES ALCOHOL COUNSELING AND REHABILITATION ASSOCIATION (FLACRA) - BUILDINGS AND GROUNDS

WHEREAS, FLACRA has requested the use of office space in the County Office Building, and

WHEREAS, there is space within the Department of Social Services offices used by FLACRA for case management purposes.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with FLACRA for rental of 80 sq. ft. of office space on the second floor of the County Office Building at a cost of $480 for the term of the lease, said lease to run from May 1, 2002, through December 31, 2002, subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 209 Motion by Bingell, Second by Bleiler.

RE: APPOINTMENT – SOUTHERN TIER CENTRAL (STC) RURAL TRANSPORTATION COMMITTEE

BE IT RESOLVED, that the Legislature approve the appointment of Sharon S. Bingell and Michael Horton, to fill the vacancies created by the departure of James Corl and Margaret Cook, to the STC Rural Transportation Committee, effective immediately.

VOTE: Passed 8-0.

RESOLUTION NO. 210 Motion by Bingell, Second by Bleiler.

RE: RESOLUTION IN SUPPORT OF S.472/A.7271, WHICH PROVIDES A MODIFICATION IN DETERMINING THE ADJUSTED GROSS INCOME FOR INCOME TAX PURPOSES FOR VOLUNTEER FIREFIGHTERS AND AMBULANCE WORKERS

WHEREAS, Schuyler County depends on volunteers to protect the lives and property of our citizens, through our Fire Departments and Ambulance Corps.

WHEREAS, recruitment and retention of volunteers has become increasingly difficult, and

WHEREAS, the cost of being a volunteer (i.e. transportation, training, equipment, and time) has become detrimental to the recruitment efforts, and

WHEREAS, smaller departments have forced mutual assistance from neighboring departments, thereby multiplying the calls for response, and

WHEREAS, S.472/A.7271 provides for a modification reducing federal adjusted gross income in determining New York adjusted gross income for personal income tax purposes for active volunteer firefighters and active members of volunteer ambulance companies.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Senate and Assembly to enact S.472/A.7271, and

BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to Hon. John R. Kuhl, Jr., Hon. James Bacalles, the New York State Association of Counties and Inter-County Association of Western New York.

DISCUSSION: Legislator Bleiler said he is happy to see a really good bill. He feels this is an excellent idea. Legislator Larison requested that this Resolution be forwarded to Inter-County Association of Western New York. Legislator Young asked if there are any guidelines on the minimum services requirements? Legislator Bleiler said he is not sure. Legislator Bingell feels it should be an active member. Legislator Bleiler said that they would need to qualify for that by making so many calls and attending so many trainings.

VOTE: Passed 8-0.

RESOLUTION NO. 211 Motion by Young, Second by Bingell.

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

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

VOTE: Passed 8-0.

RESOLUTION NO. 212 Motion by Larison, Second by Bingell.

RE: RESCIND RESOLUTION NO. 121–02 AND AMEND 2002 HISTORIAN BUDGET

WHEREAS, last year’s budget contained funds to reimburse the County Historian for expenses and to pay a token amount for duties performed, and

WHEREAS, this year’s budget provides only for reimbursement of expenses, with Resolution No. 121–02 authorizing this reimbursement through a Letter Agreement, and

WHEREAS, it is the desire of this Legislature to return to last year’s arrangement without a Letter Agreement, and

WHEREAS, this Legislature recognizes the importance of maintaining the services of the County Historian.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 121–02 be hereby rescinded, and

BE IT FURTHER RESOLVED, that the 2002 budget for the County Historian be established as follows:

$1,150 7510.100 Personal Services

$ 350 7510.400 Contractual Expenses, and

BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to transfer $500 from Contingency account no. 1990.500 to Historian budget accounts as necessary.

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

RESOLUTION NO. 213 Motion by Larison, Second by Bingell.

RE: AMEND THE 2002 CONTRACT WITH FINGER LAKES ADDICTION AND COUNSELING REFERRAL AGENCY (FLACRA) – MENTAL HEALTH

WHEREAS, the scope of activities in the existing contract with FLACRA refers only to Alcohol treatment services, and

WHEREAS, the scope of activities should include all substance abuse treatment services.

NOW, THEREFORE, BE IT RESOLVED, that the 2002 contract with FLACRA be amended to reflect the additional services provided, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign the amendment to the 2002 contract with FLACRA; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

NEW BUSINESS:

The Clerk reminded the Legislators about the RSVP luncheon on May 21, 2002 at 11:30 p.m. and asked that they please call Beth Creamer if they plan on attending.

UNFINISHED BUSINESS: None.

REPORT ON STANDING COMMITTEES:

Legislator Hastings reported on the Health Services Committee. The Public Health nurses and staff have settled into the new Mill Creek building.

Legislator Young reported on the Community Development and Natural Resources Committee. She reported that Earth Day was a pleasant event. They are looking for a post event critic to help improve next

year’s event. The Finger Lakes Region is listed as one of the top ten vacation areas by Money Magazine. She listed the other areas. Money Magazine reaches 1.9 million subscribers. She also reported that the Empire Zone expansion is moving along. Ten new zones have been negotiated and Schuyler will be one of them. She also reported that Senator Clinton has called for a federal review of Medicaid and the unfair funding formula. She recommends we give Senator Clinton support in terms of a letter.

MOTION by Legislator Hastings to write a letter to Senator Clinton thanking her for her interest and encouraging her to keep up the good work, it is a very important issue in New York State, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes.

Legislator Larison reported on the Public Safety/Criminal Justice Committee. He sent letters to eight property owners in regards to negotiating with them to build a radio tower on their property. He has heard from four people so far. He has some negotiating to do. They need eight new towers and they need to upgrade some existing towers.

Legislator Marvel reported on the Management and Finance Committee. He was happy to report that the county share of sales tax is up $172,000, with a total of $193,000 this quarter so far. It is over the budgeted amount. They may still end up short if they continue with the existing shortfall of $225,000 in this year’s budget. He stressed the fact that they need to exercise caution in spending.

PUBLIC PARTICIPATION:

Glenda Gephart, as a member of the committee of parents for the Skate Park, thanked the legislators for their donation from Mental Health funds to the Village of Watkins Glen. The impact on the community will be great. Chairman Gifford reported that the Village of Watkins Glen has agreed to allow the Skate Park to use a portion of Clute Park.

The Meeting adjourned at 7:40 P.M.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

REGULAR MEETING

JUNE 10, 2002

The June 10, 2002 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

MOTION by Legislator Larison to move all of the Resolutions on the agenda, SECOND by Legislator Marvel. Legislators Hastings and Karius opposed this idea because they believe that the public should hear legislative deliberations. Chairman Gifford explained that there is still time for discussion on each Resolution. Motion carried five ayes to three noes. Noes: Hastings, Karius, Young.

RESOLUTION NO. 214 Motion by Larison, Second by Bingell.

RE: APPROVE MINUTES OF THE NOVEMBER 13, 2001 REGULAR MEETING, NOVEMBER 20 AND NOVEMBER 30, 2001 SPECIAL MEETINGS OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the November 13, 2001 Regular Meeting, November 20 and 30, 2001 Special Meetings of the Legislature be approved.

VOTE: Passed 8-0.

RESOLUTION NO. 215 Motion by Larison, Second by Marvel.

RE: AUTHORIZING DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW

WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax receipts for the period October 1, 2001 through March 31, 2002, pursuant to Section 261 of the New York State Tax Law, and the same has been apportioned to the various municipalities thereto.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to pay the respective towns and villages of Schuyler County those amounts listed on Exhibit "A" attached hereto.

VOTE: Passed 8-0.

RESOLUTION NO. 216 Motion by Larison, Second by Marvel.

RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY – PERSONAL SECRETARY TO THE LEGISLATURE

BE IT RESOLVED, that this Legislature acknowledges the appointment by Gail M. Hughey, Clerk to the Legislature, of Darlene Wetzel as Personal Secretary to the Legislature in Grade Level B at an annual salary of $22,281 effective June 11, 2002.

VOTE: Passed 8-0.

RESOLUTION NO. 217 Motion by Larison, Second by Marvel.

RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR CHIEF ACCOUNTANT POSITION - TREASURER

BE IT RESOLVED, that this Legislature acknowledges the appointment by Nancy A. Peters, County Treasurer, of Diane G. Thomaris as Chief Accountant in the Treasurer’s Office in Grade Level I at an annual salary of $44,000 effective June 17, 2002.

VOTE: Passed 8-0.

RESOLUTION NO. 218 Motion by Larison, Second by Marvel.

RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR ABSTRACTING SERVICES FOR 2003 TAX AUCTION PROPERTIES

BE IT RESOLVED, that the Clerk of this Legislature be hereby authorized to advertise for bids for abstracting services for the 2003 tax auction properties, and

BE IT FURTHER RESOLVED, bids are to be received no later than 5:00 P.M. on Wednesday, June 26, 2002 by the Clerk of the Legislature, 105 Ninth Street, Watkins Glen, NY 14891. Bids will be opened on Thursday, June 27, 2002 at 9:30 A.M. Acceptance or rejection of bids to be made at the July 8, 2002 Regular Meeting of the Schuyler County Legislature. The County of Schuyler reserves the right to accept or reject any and all bids.

VOTE: Passed 8-0.

RESOLUTION NO. 219 Motion by Larison, Second by Marvel.

RE: ACCEPT BEST MANAGEMENT PRACTICES FOR FINANCIAL WELL-BEING

WHEREAS, the Management and Finance Committee recommends the following best practices be accepted for the county’s financial well-being.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature accepts the following best practices and encourages compliance in as much as possible.

1. Adopt a Fund Balance Reserve Policy.

2. Develop Process for a Multi-Year Forecasting of Operating Revenues and Expenditures.

3. Monthly Financial Reporting and Monitoring.

4. Contingency Planning Policies.

5. Policies Regarding Nonrecurring Revenue.

6. Depreciation of General Fixed Assets.

7. Debt Affordability Reviews.

8. Pay-as-you-go Capital Fund Policies, wherever possible.

9. Rapid Debt Retirement Policies of More Than 65% in 10 Years.

10. Five-Year Capital Improvement Plan Integrating Operating Costs.

DISCUSSION: Legislator Young asked who would be monitoring this, the Chairman? Legislator Marvel stated that the Chairman of the Legislature and the Chairman of the Management and Finance Committee would be monitoring this. Legislator Bleiler said it is not a policy, it is a practice. Legislator Young felt it should say that in the Resolution. Legislator Marvel explained that this was brought to the Management and Finance Committee with the intention that the committee will oversee and bring things to the full Legislature. Legislator Bleiler stated that they are trying to forecast what expenses are going to be out there for the next few years. Legislator Young feels some departments have a hard time forecasting due to State funding. Legislator Bingell said these are estimates only, soft plans for the future. Legislator Hastings said she will be voting no on this Resolution.

VOTE: Passed 7-1. No: Hastings.

RESOLUTION NO. 220 Motion by Larison, Second by Marvel.

RE: AUTHORIZE SALE OF HECTOR TAX PARCEL # 54-1-62.2 TO MARTIN

WHEREAS, the County of Schuyler acquired Tax Parcel # 54-1-62.2 by tax foreclosure proceedings in 2000, and

WHEREAS, said parcel is excess and surplus to county needs, and

WHEREAS, the adjoining property owners, Boston and Annette Martin, have offered to purchase the land for $500.00, and

WHEREAS, this parcel has little market value due to its location.

NOW, THEREFORE, BE IT RESOLVED that:

1. Hector Tax Parcel # 54-1-62.2 is hereby declared surplus in accordance with County Law §215.

2. The Schuyler County Legislature accepts the above-described purchase offer.

3. The Schuyler County Attorney’s Office shall prepare the necessary conveyance documents.

4. The Chairman shall execute all documents and perform all acts necessary to convey title to the buyers by Quitclaim Deed.

VOTE: Passed 8-0.

RESOLUTION NO. 221 Motion by Larison, Second by Marvel.

RE: AUTHORIZE SALE OF SURPLUS DUMP TRAILER TO TOWN OF HECTOR - HIGHWAY

WHEREAS, the Highway Department has one (1) surplus dump trailer, and

WHEREAS, the Town of Hector has expressed interest I purchasing this trailer.

NOW, THEREFORE, BE IT RESOLVED, that the County Legislature, pursuant to County Law Section 215, hereby authorizes the County Highway Superintendent to sell to the Town of Hector one (1) surplus 1982 Montone Steel Dump Trailer for the purchase price of $3,000.

VOTE: Passed 8-0.

RESOLUTION NO. 222 Motion by Larison, Second by Marvel.

RE: AUTHORIZE CREATION AND FILLING OF TWO (2) SEASONAL MOTOR EQUIPMENT OPERATOR POSITIONS - HIGHWAY

WHEREAS, the Highway Superintendent and the Public Works Committee have decided it would be beneficial to hire two (2) seasonal Motor Equipment Operators to help with the summer road maintenance, and

WHEREAS, funding for these positions is available in the 2002 Highway Personal Services budget.

NOW, THEREFORE, BE IT RESOLVED that the County Highway Superintendent is hereby authorized to create and fill two (2) seasonal motor equipment operator positions at the rate of $7.00 per hour for not more than a four (4) month period.

DISCUSSION: Legislator Hastings said as she mentioned in the Legislative Resolution Review Committee last week, if a position was abolished or not filled, she would vote yes. Other than that, she will be voting no on this Resolution. There has been no move by the Legislature to freeze hiring, no move about finances, no move to cut. She will be voting no. Legislator Bleiler said he recalls discussion at budget time when they said they would hire two seasonal positions instead of one new position. The Resolution states that the money is in the personal services account in the budget.

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

RESOLUTION NO. 223A Motion by Young, Second by Bleiler.

RE: MOTION TO AMEND RESOLUTION NO. 223

BE IT RESOLVED, that Resolution No. 223 be amended to change the Be It Further Resolved now read as follows:

“BE IT FURTHER RESOLVED, that the receptacle will be made available from May 15 through October 15, 2002, at a cost of $60.00 per season, and”.

VOTE: Passed 8-0.

RESOLUTION NO. 223 Motion by Larison, Second by Marvel.

RE: AUTHORIZE CONTRACT WITH DOUG HAZLITT FOR ELECTRIC USE AT FISHING PIER – BUILDINGS AND GROUNDS – AS AMENDED

WHEREAS, a new tour boat “Malabar X” operated by Doug Hazlitt is docked at the pier in Seneca Harbor Park, and

WHEREAS, electric is needed to maintain and operate the boat while docked, and

WHEREAS, the electric service to the pier is supplied through a metered service to the County of Schuyler.

NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler will provide one 20-amp ground fault receptacle for the above usage, and

BE IT FURTHER RESOLVED, that the receptacle will be made available from May 15 through October 15, 2002, at a cost of $60.00 per season, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Doug Hazlitt for electric service as set forth above; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 224 Motion by Larison, Second by Marvel.

RE: AUTHORIZE CONTRACT WITH THE VILLAGE OF MONTOUR FALLS FOR PATROL SERVICES – SHERIFF’S DEPARTMENT

WHEREAS, the Village of Montour Falls wishes to increase its contracts with the Schuyler County Sheriff’s Department from six months to one year.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract between the Village of Montour Falls for the Schuyler County Sheriff’s Department to provide specialized law enforcement services for a total of $5,000, for the term June 1, 2002 through May 31, 2003; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 225 Motion by Larison, Second by Marvel.

RE: RESOLUTION IN OPPOSITION TO S.7243/A.11266 – AN ACT TO AMEND SECTION 207-C OF THE GENERAL MUNICIPAL LAW

WHEREAS, under Section 207-c of the General Municipal Law, County and municipal government police officers, sheriff deputies, and correction officers are entitled to full salary, benefits and full coverage of all medical costs if injured or taken ill while in the performance of hazardous duties associated with police work, and

WHEREAS, S.7243/A.11266 will amend the law to change the criteria for entitlement to benefits under this section, to make them identical to the benefit entitlement criteria established under Worker’s Compensation Law, and

WHEREAS, this amendment would vastly expand the eligibility for the more lucrative benefits available under section 207-c of General Municipal Law, making them applicable to the most common and basic workplace injuries such as slips and falls, rather than just those associated with the heightened risks associated with police work as was the original intent of the existing law, and

WHEREAS, this amendment will overturn a New York State Court of Appeals decision in Matter of Balcerak v. County of Nassau, 94 NY2d 253[1999], which upheld the fundamental difference between the two compensation programs, and

WHEREAS, this bill would be retroactive in its effective date to December 16, 1999 and will reopen all previously determined cases, and those which may have not been filed because they did not meet the heightened risk standards, prohibiting local governments from denying those claims, and will expose all municipal governments to additional unanticipated costs and additional burdens to the taxpayers, and

WHEREAS, the Schuyler County Legislature strongly opposes S.7243/A.11266 because, if enacted, will lead to skyrocketing compensation costs for county and local governments and encourages local governments to join them in opposing this proposed legislation.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby strongly opposes S.7243/A.11266 – An Act to Amend Section 207-c of the General Municipal Law, and

BE IT FURTHER RESOLVED, that the Clerk of this Legislature be directed to send certified copies of this resolution to Governor George E. Pataki, Senator Vincent Leibell, III, Assemblyman Peter Abbate, Senator Joseph Bruno, Assembly Speaker Silver, Senator John R. Kuhl, Jr., Assemblyman James Bacalles, NYSAC and Inter-County Association of Western New York.

VOTE: Passed 8-0.

RESOLUTION NO. 226 Motion by Larison, Second by Marvel.

RE: SUPPORT AN AMENDMENT TO THE EMERGENCY SUPPLEMENTAL LEGISLATION, TEMPORARILY INCREASING THE FEDERAL MEDICAID ASSISTANCE PROGRAM

WHEREAS, the House and Senate is considering Emergency Supplemental Legislation, and

WHEREAS, there is a move to attach an amendment to the Emergency Supplemental Legislation temporarily increasing the Federal Medicaid Assistance Program (FMAP), and

WHEREAS, FMAP is a priority issue for Schuyler County because it enables health care services to continue without taxing the property base further.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby supports an amendment to the Emergency Supplement Legislation to temporarily increase the Federal Medicaid Assistance Program, and

BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to Hon. Amory Houghton, Jr., Hon. Charles E. Shumer, Hon. Hillary R. Clinton and any others deemed appropriate.

VOTE: Passed 8-0.

RESOLUTION NO. 227 Motion by Larison, Second by Marvel.

RE: APPOINTMENT TO THE COMMUNITY SERVICES BOARD AND THE ALCOHOL AND SUBSTANCE ABUSE SUBCOMMITTEE – MENTAL HEALTH

BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Paul Donnelly, MD to the Community Services Board for the term January 1, 2000 through December 31, 2003 and the Alcohol and Substance Abuse Subcommittee for the term January 1, 2001 through December 31, 2004.

VOTE: Passed 8-0.

RESOLUTION NO. 228 Motion by Larison, Second by Marvel.

RE: APPOINTMENT TO THE COMMUNITY SERVICES BOARD AND THE MENTAL RETARDATION/ DEVELOPMENTAL DISABILITIES SUBCOMMITTEE – MENTAL HEALTH

BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Shawn Tubridy to the Community Services Board and the Mental Retardation/Developmental Disabilities Subcommittee for the term January 1, 2001 through December 31, 2004.

VOTE: Passed 8-0.

RESOLUTION NO. 229 Motion by Larison, Second by Marvel.

RE: AUTHORIZE AMENDMENT TO 2002 ALCOHOLISM SERVICES AGREEMENT AND 2002 COUNTY BUDGET – MENTAL HEALTH

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

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the 2002 agreement with The Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc., subject to approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED that the County Treasurer be authorized to amend the 2002 County budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$27,133 4322.550 Council on Alcoholism

+$27,133 4322-3490 Revenue

VOTE: Passed 8-0.

RESOLUTION NO. 230 Motion by Larison, Second by Marvel.

RE: AMEND 2002 COUNTY BUDGET & ESTABLISH BUDGET FOR BIOTERRORISM GRANT – PUBLIC HEALTH – AS AMENDED

WHEREAS, notification has been received from Health Research, Inc. authorizing up to $75,000, payable in installments, to support Public Health Preparedness and Response to Bioterrorism.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to amend the 2002 Public Health Department Budget as follows:

4010.201-4018 Equipment $14,500

4010.400-4018 Contractual $60,500

4010-4401-4018 Revenue $75,000, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Health Research, Inc. for a $75,000 Bioterrorism grant for the term 5/1/02-8/31/03; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 231 Motion by Larison, Second by Marvel.

RE: AUTHORIZE YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM

WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the strict income criteria of the Workforce Investment Act Employment Program, and

WHEREAS, the Schuyler County Youth Bureau in collaboration with the Watkins Glen International Raceway are desirous of integrating a temporary seasonal program for the above mentioned youth, and

WHEREAS, $5,000 of existing YDDP money will be allocated for supervision and transportation costs, and

WHEREAS, the program will employ approximately 25 youth with the wages for the youth to be reimbursed by Watkins Glen International Raceway.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to hire and implement the above mentioned Employment Program for youth ages 14–21.

VOTE: Passed 8-0.

RESOLUTION NO. 232 Motion by Larison, Second by Marvel.

RE: AMEND 2002 OFFICE FOR THE AGING BUDGET

WHEREAS, the Office for the Aging has received additional funding due to Federal budget modifications.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the Office for the Aging’s 2002 budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

$5,000 6772.401 Misc. Contractual Expenses

$ 100 6772.328 Cellular Phone

$1,087 6772.457 Repairs

$1,000 6772.444 Car Operations & Expenses

$ 500 6772.443 Postage

$7,687 6772-4772 Federal Aid

VOTE: Passed 8-0.

RESOLUTION NO. 233 Motion by Larison, Second by Marvel.

RE: AMEND RESOLUTION NO. 151-02/AUTHORIZE CREATION AND FILLING OF SENIOR ACCOUNT CLERK TYPIST – OFFICE FOR THE AGING

WHEREAS, Resolution No. 151-02 authorized the creation and filling of a Sr. Account Clerk Typist position to be filled after the resignation of the Office Manager, July 1, 2002, and

WHEREAS, the new position of Sr. Account Clerk Typist needs to be trained concerning the financial aspects of the position before the Office Manager retires, and

WHEREAS, there is money in the Office For The Aging 2002 budget to cover this additional salary.

NOW, THEREFORE, BE IT RESOLVED, that the last Be It Further Resolved Clause in Resolution No. 151-02 be amended to read as follows:

“ BE IT FURTHER RESOLVED, that the effective date of hire for the Sr. Account Clerk Typist be June 12, 2002 in order to provide the appropriate training”.

VOTE: Passed 8-0.

RESOLUTION NO. 234 Motion by Larison, Second by Marvel.

RE: ACCEPT/REJECT BIDS FOR CONSTRUCTION OF COUNTY ROUTE 16 BRIDGE REPLACEMENT PROJECT

WHEREAS, Resolution No. 179-02 authorized the advertising for bids for construction of the County Route 16 Bridge Replacement project, and

WHEREAS, bids were opened May 30, 2002 and reviewed with the recommendation being made by LaBella Associates to accept the low bid from Silverline Construction, Inc. .

NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature hereby accept the low bid from Silverline Construction, Inc., for the County Road 16 Bridge Replacement over Tributary to Meads Creek at the low bid price of $586,433.00, funding available in the 2002 budget account no. 5120.570, and

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

VOTE: Passed 8-0.

RESOLUTION NO. 235A Motion by Young, Second by Bleiler.

RE: MOTION TO TABLE RESOLUTION NOS. 235 & 236 – FAILED

BE IT RESOLVED, that Resolution Nos. 235 & 236 be tabled for further discussion.

DISCUSSION: Legislator Hastings said she will be voting no on both of these resolutions. She voted no for the County Attorneys’ increases. Legislator Bleiler said they have been promoting the idea of a Cost of Living Adjustment (COLA) for all management. In the case of the Public Defender, there was a lump sum given last year and a COLA this year. Legislator Marvel said they received a raise for the year 2001, this is for the year 2002. Legislator Bingell said the legislators received COLAs two years in a row. We want to give the Assistant District Attorney roughly $1,500, the Public Defender and the Assistant Public Defender less than $1,000 each. She does not feel this is a significant COLA. Legislator Bleiler noted that the Assistant District Attorney just became full-time. He feels they need to look at the budget and increases being proposed in the budget. Legislator Larison said the District Attorney was told that no Attorneys would receive a COLA. He did not put it in his budget. He received incorrect information. Legislator Hastings said she did not misinform the District Attorney. This Legislature decided to not give COLAs, then some legislators changed their mind about the County Attorney’s office. That is why he is here with this request. Chairman Gifford felt Legislator Bleiler had a good point. The Clerk of the Legislature informed the legislators that the only officials that received salaries set by term are elected. The Attorneys are treated individually each year. The 2001 salary was retroactive and was just a COLA. The rest of management received a COLA plus a percentage for performance. Legislator Bingell said the total of the increases is approximately $3,529. Legislator Bleiler said he will be voting no, however, if it fails, he will research the raises.

Legislator Young made a motion to have the resolution be retroactive to January 1, 2002. There was no second.

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

RESOLUTION NO. 235 Motion by Larison, Second by Marvel.

RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 2002 AUTHORIZING SALARY INCREASES FOR CERTAIN PUBLIC OFFICERS – FAILED

WHEREAS, County Law Section 201 states that any change in compensation of such officer during his/her term be made only by Local Law subject to the provisions of Section 24 of the Municipal Home Rule Law.

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2 of the year 2002, 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 July 8, 2002 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 2 OF THE YEAR 2002

A Local Law Setting the Salaries of Certain Public Officers for the year 2002.

Be it enacted by the Legislature of the County of Schuyler as follows:

1. Effective within 45 days hereof, the salaries of the public officers listed below shall be in the amounts herein stated beginning January 1, 2002.

2. The following public officers are subject to the provision hereof:

Assistant District Attorney $46,937

Public Defender $41,320

Assistant Public Defender $22,210

3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24.

VOTE: Failed 3-5. Noes: Bleiler, Hastings, Young, Karius, Gifford.

RESOLUTION NO. 236 Motion by Larison, Second by Marvel.

RE: AUTHORIZE TRANSFER OF FUNDS FOR SALARY INCREASES - FAILED

WHEREAS, a local law has been introduced to give Cost of Living Adjustments to the Assistant District Attorney, Public Defender and Assistant Public Defender, and

WHEREAS, funding for these increases was not included in the 2002 budget.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following account transfers:

AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO.

$1,499 1990.500-Contingency 1165.100-District Attorney

$2,030 1990.500-Contingency 1170.100-Public Defender

VOTE: Failed 3-5. Noes: Bleiler, Hastings, Young, Karius, Gifford.

RESOLUTION NO. 237 Motion by Larison, Second by Marvel.

RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM 7/1/02-6/30/03 – PUBLIC HEALTH

WHEREAS, Resolution No. 191-02 authorized advertising for bids for transportation of preschool children with disabilities, and

WHEREAS, bids were received and opened with the following recommendations being made.

NOW, THEREFORE, BE IT RESOLVED, that the bid from Schuyler Arc for transportation of preschool children with disabilities to and from Frank Pierce Early Childhood Center, SCT BOCES Program, Horseheads and Yates Arc/Keuka Lake Schools from July 1, 2002 to June 30, 2003 in the amount of $130.00 per child per day plus $8.00 per additional child be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for transportation of preschool children with disabilities to and from Franziska Racker Centers and Chemung County UCP from July 1, 2002 to June 30, 2003 in the amount of $135.00 per child per day plus $8.00 per additional child be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that the bid from Birnie Transportation for transportation of preschool children with disabilities to and from Pathways Preschool Program from July 1, 2002 to June 30, 2003 in the amount of $170.00 per child per day plus $15.00 per additional child be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that the bid from Oaks Garage for transportation of preschool children with disabilities to and from Yates Arc/Keuka Lake Schools from July 1, 2002 to June 30, 2003 in the amount of $95.00 per child per day plus $30 per additional child be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for miscellaneous transportation of preschool children with disabilities in the amount of $1.45 per child per day be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that since certain students may be eligible for transport by a parent, school district or public transportation, this award is not an exclusive contract for services, and

BE IT FURTHER RESOLVED, that contracts necessary to carry out such transportation services are hereby authorized for signature by the Chairman of this Legislature, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 238 Motion by Larison, Second by Marvel.

RE: DECLARE SURPLUS THE 1999 TAX MAP SET – REAL PROPERTY TAX SERVICE

WHEREAS, the Real Property Tax Office annually microfilms the Schuyler County tax map sets and no longer has use for the 1999 tax map set.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that this Legislature hereby declares as surplus the 1999 tax map set from the Real Property Tax Office and authorizes the disposal of the same by auction.

VOTE: Passed 8-0.

RESOLUTION NO. 239 Motion by Larison, Second by Marvel.

RE: AUTHORIZE GRANT APPLICATION TO BE SUBMITTED TO NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR THE SENECA HARBOR PARK PROJECT PHASE II

WHEREAS, the above grant application was not approved in last year’s grant cycle and it is the recommendation of the Public Works Committee that the application be submitted again this year.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act, in an amount not to exceed $390,636, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to Schuyler County for Seneca Harbor Park Project Phase II; documents subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 240 Motion by Larison, Second by Marvel.

RE: AUTHORIZE TRANSFER OF FUNDS FOR FULL PAYMENT TO CORNELL COOPERATIVE EXTENSION FOR RECYCLING PROGRAM

WHEREAS, the County and Cornell Cooperative Extension have an agreement for Recycling and Solid Waste Services, and

WHEREAS, part of the New York State share thereof in the amount of $13,222 has been delayed, and

WHEREAS, the orderly operation of this program requires uninterrupted funding.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature shall advance the sum of $13,222 in reliance upon New York State reimbursement thereof as soon as possible, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $13,222 from Contingency account no. 1990.5 to Cooperative Extension account no. 8750.362.

VOTE: Passed 8-0.

RESOLUTION NO. 241 Motion by Larison, Second by Marvel.

RE: AUTHORIZE CONTRACT WITH MICHAEL KRUSEN FOR NEGOTIATING SERVICES

BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an agreement with Michael Krusen for negotiation services for the Deputy Sheriffs Association and Administrative Unit contracts due to expire December 31, 2002, in a flat amount of $8,000 for both contracts, to be paid from budgeted funds in the 2002 budget account no. 1630.400-Professional Consultants; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 242 Motion by Bingell, Second by Larison.

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

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

VOTE: Passed 8-0.

RESOLUTION NO. 243 Motion by Bingell, Second by Larison.

RE: RESOLUTION SEEKING 911 REFORM

WHEREAS, the function of 911 systems is to provide a universal emergency number response system to the public allowing 911 calls to be routed directly to a public service access point (PSAP) instead of a telephone operator, and

WHEREAS, Schuyler County is currently experiencing a deficit in the operation and maintenance of their 911 or E-911 systems, as the current .35 cent wireless surcharge is insufficient to properly operate and maintain 911 and E-911 systems, and

WHEREAS, in his 2002-2003 Executive Budget Proposal to the Legislature, Governor Pataki included general authority for local governments to impose an additional .30 per wireless line per month by way of a local law, and

WHEREAS, the Legislature did not include this proposal in the adopted 2002-2003 State Budget, but did increase the wireless surcharge from .70 cent per wireless line per month to $1.20 per wireless line per month, and

WHEREAS, as technology advances, Schuyler County will need to update and improve emergency response systems, and

WHEREAS, Governor Pataki and the State Legislature are considering legislation during the 2002 Legislative Session to authorize counties, at local option, to add an additional .30 per wireless line per month.

NOW, THEREFORE, BE IT RESOLVED, that Schuyler County goes on record supporting Governor Pataki’s proposal to permit counties at local option to add an additional local surcharge of .30 per wireless line per month to meet the changing needs of 911 and E-911 technology, and

BE IT FURTHER RESOLVED, that Schuyler County urges its representatives in the NYS Legislature to introduce and approve legislation granting Schuyler County the authority to increase the wireless surcharge during the 2002 Legislative Session.

VOTE: Passed 8-0.

NEW BUSINESS:

Chairman Gifford said there is a request for a letter of support from the National Association of Counties (NACo) regarding payment in lieu of taxes for the National Forest. Legislator Hastings feels this issue needs further discussion in committee. Chairman Gifford explained the letter. The Clerk said she conferred with the Treasurer, and the Treasurer urges the Legislature to write this letter of support. Legislator Bingell said the Town of Hector will receive a financial blow, they will not be able to maintain their roads within the National Forest.

MOTION by Legislator Larison to write a letter, SECOND by Legislator Bingell. Legislator Hastings still feels this should still be discussed at committee. Legislator Young explained that there is a June 10^th deadline on this issue. She feels the federal government can snatch federal lands any time they please, if they are going to, they will. She feels standing up and saying no with other counties is a good thing to do. Attorney Coleman explained that doing away with a national forest would require a congressional action to do so. Legislator Marvel said he fails to see where ownership of property and giving property back to the State or County has anything to do with payment in lieu of taxes. It is normally a negotiated item. We are saying we do not want it and he has no problem with that. Motion carried seven ayes to one no. No: Hastings.

UNFINISHED BUSINESS: None.

WHEREAS, all Social Work Assistants, Supportive Case Managers and Intensive Case Managers are out on the road and need to be able to contact the main office at any time, as a safety issue, and

WHEREAS, the Schuyler County Mental Health Department requires the contract staff to perform the same duties as county employees in all respects.

NOW, THEREFORE, BE IT RESOLVED that the Chairman of the Legislature be hereby authorized to sign an amendment to the contract with Family Service Society, Inc. to provide cell phones for contract staff; subject to approval by the Schuyler County Attorney.

VOTE: Passed 6-1. No: Marvel.

RESOLUTION NO. 248 Motion by Young, Second by Bingell.

RE: ACKNOWLDEGE AUGUST 1–7 AS WORLD BREASTFEEDING WEEK – PUBLIC HEALTH

WHEREAS, breastfeeding provides ideal food for infants up to 4 to 6 months of age and contains immune properties to protect babies against many diseases and allergies, and

WHEREAS, breastfeeding promotes bonding between mother and child as well as feelings of physical and emotional well-being.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledges August 1–7 as Breastfeeding Week in Schuyler County.

VOTE: Passed 7-0.

RESOLUTION NO. 249 Motion by Young, Second by Bingell.

RE: ACKNOWLEDGE AUGUST AS NATIONAL IMMUNIZATION AWARENESS MONTH – PUBLIC HEALTH

WHEREAS, each year tens of thousands of children, adolescents and adults die from vaccine-preventable diseases or their complications in the United States, and

WHEREAS, the burden of vaccine-preventable disease in America today occurs among people of all ages, and all cultures, races and ethnic and societal groups, and

WHEREAS, safe and effective vaccines are readily available to protect against disease, disability and death from communicable diseases, including diphtheria, Haemophilus influenzae type b disease, hepatitis A, hepatitis B, influenza, measles, mumps, pertussis, pneumococcal disease, rubella, tetanus and varicella, and

WHEREAS, every August the National Immunization Awareness Month campaign is devoted to increasing public knowledge, acceptance and use of vaccines to protect children, adolescents and adults against serious, life-threatening diseases.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature acknowledges August as National Immunization Awareness Month and urges parents, young people and adults to ensure that they and their loved ones are up-to-date on their immunizations for their protection and the protection of our community from preventable diseases.

VOTE: Passed 7-0.

RESOLUTION NO. 250 Motion by Bingell, Second by Larison.

RE: AUTHORIZE CONTRACT WITH MICHELLE BERLISS FOR PSYCHOLOGICAL SERVICES – MENTAL HEALTH

WHEREAS, the Mental Health Clinic is in need of psychological services for children, youth and adults, and

WHEREAS, Michelle Berliss is a qualified psychologist who is familiar with the Clinic, having done her internship here, and

WHEREAS, there is funding available in the Mental Health 2002 budget, account no. 4310.435 for this service.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with Michelle Berliss for the provision of psychological services at the rate of $65.00 per hour in an amount not to exceed $28,000, effective 07/09/2002 through 12/31/2002, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 251 Motion by Bingell, Second by Larison.

RE: AUTHORIZE CREATION, ADVERTISING AND FILLING OF DEPUTY DIRECTOR OF COMMUNITY SERVICES POSITION

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 been drastically reduced, and

WHEREAS, it is essential for the continuation and future stability of the department that a deputy position be created and filled, and

WHEREAS, it has been agreed that the position of Clinic Coordinator ($37,143) will not be filled if the Deputy Director position is approved, and

WHEREAS, funding is available in the year 2002 County Budget to support such a position.

NOW, THEREFORE, BE IT RESOLVED that this Legislature authorizes the creation, advertising and filling of a full-time Deputy Director of Community Services position in the Mental Health Department, and that this position be placed in the Management and Confidential Salary Plan at level H, with a salary range of $37,525 to $45,147.

VOTE: Passed 6-1. No: Marvel.

RESOLUTION NO. 252 Motion by Bingell, Second by Larison.

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

WHEREAS, the Public Health Agency purchased a 3M (formerly know as Datacron) Home Care Management System for billing and medical records by Resolution No. 115 in 1999, and

WHEREAS, this is an ongoing software support agreement that will have yearly addendums added to it with increases in support charges and additional license purchases.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to this ongoing agreement with 3M for the Home Care Management System Software and Support for the Public Health Department, which includes software support for the Home Care Billing Program, Scheduler, Clinical Documentation for Clerical, and Clinical Documentation for Point of Care; subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the yearly addendums for the software support are to not exceed a 10% increase from the prior addendum each year. The total monthly software support fee for the year 2002 is $942.70; funding available in Public Health account no. 4010.532, and

BE IT FURTHER RESOLVED, that this Resolution supercedes any and all Resolutions dated after January 2000 relative to 3M.

VOTE: Passed 7-0.

RESOLUTION NO. 253 Motion by Bingell, Second by Young.

RE: AUTHORIZE CONTRACT FOR THE ESTABLISHMENT, IMPLEMENTATION, AND OPERATION OF A MEDICAID MANAGED CARE PLAN IN SCHUYLER COUNTY

WHEREAS, the cost of MEDICAID continues to have an adverse impact on local taxpayers, and

WHEREAS, the share of the local tax levy devoted solely to MEDICAID has increased steadily over the past seven years, from 27% in 1995 to 35% in 2001, and

WHEREAS, MEDICAID accounted for 89% of the Department of Social Services’ local share budget for the seven year period 1995 through 2001, and

WHEREAS, the quality of life for MEDICAID recipients may be enhanced through an aggressive education and follow-up campaign conducted by the MEDICAID Managed Care plan administrator, and

WHEREAS, a pilot program expanding managed care to cover those MEDICAID recipients with special needs has been developed for Schuyler, Chemung, and Steuben counties, and

WHEREAS, the Schuyler County Legislature passed a resolution on December 13, 1999 to support State legislation for enabling the Southern Tier Regional Health Care Plan to continue planning and development for the special needs population, and

WHEREAS, authorizing State legislation was passed in August 2001 establishing the Southern Tier Regional Health Care Plan as a Medicaid Managed Care Demonstration Project in the Southern Tier to provide primary health care and behavioral health care services to the eligible population, and

WHEREAS, the Southern Tier Regional Health Care Plan is developing plans to implement the demonstration project in the counties of Chemung, Schuyler and Steuben by the end of 2002, and

WHEREAS, this Medicaid Managed Care Plan is presented as a cost-effective model for delivering quality, comprehensive and integrated health and behavioral health care services, and

WHEREAS, the cost of additional staff required for the increased administrative functions associated with managed care plans will be funded through state grants created for this purpose.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby indicates its support for the implementation and operation of a MEDICAID Managed Care plan in Schuyler County, and

BE IT FURTHER RESOLVED, that this Legislature also indicates its support and endorsement for the implementation and operation of the Southern Tier Regional Health Care Plan in Schuyler County for the special needs MEDICAID population, to extend over the duration of the demonstration period beginning September 1, 2002 through August 31, 2004, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign the contract between Schuyler County and the Southern Tier Regional Health Care Plan, Inc., to begin official operation of the Plan no later than December 31, 2002, and possibly as soon as September 1, 2002; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 254 Motion by Bingell, Second by Young.

RE: AUTHORIZE CONTRACT RENEWAL WITH NEW DIRECTIONS YOUTH AND FAMILY SERVICES, INC. FOR NON-SECURE DETENTION 2002-2003 – SOCIAL SERVICES

WHEREAS, the Department of Social Services wishes to renew its agreement with New Directions Youth and Family Services, Inc., and

WHEREAS, there is an increase in the rate per day from $179.00 to $195.00 per day, and

WHEREAS, there will be no charge if the bed is not used, unless New Directions does not maintain a 95% occupancy rate, at which time, the operating costs will be divided among all contract holders, and

WHEREAS, if more than the contracted number of beds are used by the County, the additional beds used will be billed at the bed reserve rate of $215.00 per diem.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign a renewal contract for a non-secure detention bed with New Directions Youth & Family Services, Inc. for the period July 1, 2002 through June 30, 2003, funds available in the 2002 budget, line item number 6123.400; subject to approval by the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 255 Motion by Bingell, Second by Young.

RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR VALOIS POINT BRIDGE – HIGHWAY

WHEREAS, Schuyler County accepted a proposal for engineering services for the Replacement of Valois Point Bridge over Breakneck Creek BIN #3332430, and,

WHEREAS, the project design is completed, it is now necessary to advertise for bids for construction, and

WHEREAS, funding for said project is available in the 2002 budget account no. 5120.323.

NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for the construction of the Valois Point Bridge Replacement.

VOTE: Passed 7-0.

RESOLUTION NO. 256 Motion by Bingell, Second by Larison.

RE: ACCEPT TIRE BID FROM RON PARMENTER MOTORS – HIGHWAY

WHEREAS, Resolution No. 56 authorized the advertising for bids for furnishing of materials for the Highway Department, and

WHEREAS, said advertisement was made, with only one bid being received and opened on May 30, 2002.

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

Ron Parmenter Motors, Inc.

103 Railroad Street

Odessa, NY 14869

VOTE: Passed 7-0.

RESOLUTION NO. 257 Motion by Bingell, Second by Larison.

RE: ACCEPT GRANT FUNDS FOR EQUIPMENT PURCHASES – HIGHWAY – AS AMENDED

WHEREAS, the Highway Department has applied for and received notice that funds have been allocated to the Schuyler County Highway Department in the amount of $62,000 for the purchase of equipment, and

WHEREAS, to avoid delay in accessing the funds, appropriate account(s) need to be established for said funds.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to amend the 2002 Machinery budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$35,740 5130.299 Low-bed Equipment Trailer

+$17,460 5130.256 Portable seed/mulch machine

+$ 8,800 5130.262 Salt Spreader

+$62,000 5130-3589 State Aid, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the particular agency that will be assigned to this project, subject to approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the County Highway Superintendent be authorized to set specifications and to advertise for bids for a low-bed equipment trailer and three portable seed/mulch machines, and/or utilize State Bid Contract Vendors.

VOTE: Passed 7-0.

RESOLUTION NO. 258 Motion by Young, Second by Larison.

RE: ACCEPT SUPPLEMENTAL AGREEMENTS FOR CONSTRUCTION INSPECTION SERVICES FOR CR 16 & CR 27 BRIDGE REPLACEMENTS – HIGHWAY

WHEREAS, the replacement of PIN 6752.83, BIN 3332660, CR 16 over Meads Creek is a Federal-aid eligible project, and

WHEREAS, the replacement of PIN 6752.82, BIN 3332690, CR 27 over Rock Stream is a Federal-aid eligible project, and

WHEREAS, LaBella Associates, Inc. has been retained for engineering services for the replacement of these bridges, and

WHEREAS, a supplemental agreement is necessary for Construction Inspection services, necessary, but not assumed in the original agreement.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to this supplemental agreement not to exceed $52,722.00 for CR 16 Bridge and $46,878 for CR 27 Bridge, funding available in the 2002 budget account no. 5020.400; contract subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 259 Motion by Larison, Second by Bingell.

RE: ACCEPT ABSTRACTING SERVICES BID FOR 2003 TAX SALE AUCTION – TREASURER

WHEREAS, Resolution No. 218-02 authorized advertisement for bids for abstracting services for 2003 tax sale auction properties, and

WHEREAS, only one bid was received and reviewed with recommendation being made to accept the bid from the sole bidder, Glen Abstract Corporation.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby accept the following bid for abstracting services for 2003 tax sale auction properties:

Glen Abstract Corporation

601 No. Decatur Street

Watkins Glen, NY 14891

BID AMOUNT: $53.00 per search, and

BE IT FURTHER RESOLVED, that upon completion of the required number of searches by all the dates listed in the bid specifications, a commission of 10% or $5.50 per search will be awarded.

VOTE: Passed 6-0. Abstain: Gifford.

RESOLUTION NO. 260 Motion by Larison, Second by Bingell.

RE: DECLARE EQUIPMENT SURPLUS – SOCIAL SERVICES

WHEREAS, the Social Services Department has 1992 Ford Truck, which is no longer needed in the department.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare One (1) 1992 Ford Pickup Truck, S/N 2FTDF15N2NCA04996, as surplus, and

BE IT FURTHER RESOLVED, said truck shall be placed in the County auction unless committee approval is granted to allow the vehicle to be used by another department.

VOTE: Passed 7-0.

RESOLUTION NO. 261 Motion by Larison, Second by Marvel.

RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 2002 AUTHORIZING SALARY INCREASES FOR CERTAIN PUBLIC OFFICERS

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2 of the year 2002, 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 August 12, 2002 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 2 OF THE YEAR 2002

A Local Law Setting the Salaries of Certain Public Officers for the year 2002.

Be it enacted by the Legislature of the County of Schuyler as follows:

1. Effective within 45 days hereof, the salaries of the public officers listed below shall be in the amounts herein stated beginning January 1, 2002.

2. The following public officers are subject to the provision hereof:

Assistant District Attorney $46,937

Public Defender $41,320

Assistant Public Defender $22,210

3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24.

DISCUSSION: Legislator Bleiler said it is his understanding that this group did not request and did not receive a Cost of Living Adjustment (COLA). If they had requested one, he would have supported it. He feels all employees deserve a COLA to keep level with other employees. He feels they should have asked for this at budget time, not now. Legislator Bingell said it is her understanding that this group was instructed not to request a COLA during the budget process. She also understands everyone else received one, including the legislators. She feels it is discrimination and believes a workman is worth his wages. She feels it should be retroactive to January 1^st. Legislator Marvel explained that the legislators decided to give the County Attorneys a COLA, it is only fair to give these attorneys a retroactive COLA also. It is well known that the COLA was left out of budget for attorneys. Legislator Young feels that this is not simplistic. First, the Assistant District Attorney started full-time as of June 2001. That was exactly a year ago and that is when a COLA would normally kick in for the management group. She is aware they are not included in that salary plan. She feels he should have a COLA and have it start a year from the time he became full-time. As for the Public Defender’s Office, his salary was raised 27.8% at that time. There are other issues for her also. At budget time, she wanted to have the Assistant District Attorney and the Public Defender give an analysis of time spent and number of cases in family court, as compared to felonies and misdemeanors. She feels the best way to implement a COLA for them is to have it start on June 1^st. Legislator Larison said everyone received a COLA, it is not a gift, it is to bring them up to par. If it was fair last year, why not this year. Legislator Karius said if it is in the budget she will vote for it. She will not vote for it tonight. Legislator Bleiler reiterated his position and feels implementing the COLA for half a year is a compromise. He feels they should have fought for it at budget time if they desired. Legislator Marvel feels it is grossly unfair to not give to three and give to all the others. Legislator Bleiler said maybe we should accept a concept that every year everyone gets a COLA whether they request it or not. The Management/Confidential Salary Plan group received a COLA and a raise based on their performance evaluations. He feels the same process should happen with attorneys. Joseph Fazzary, District Attorney, said he would like to address two things. He is confused because his preliminary budget included a COLA. He was told by two legislators that it was removed. If he had to put it in writing he did not. He was told to put in a 3.3% increase in his preliminary budget request. Legislator Bleiler asked if it was in there when it came to the Management & Finance Committee. Joe explained that when the County Administrator was here, it was in there. He was told that no attorneys were going to receive a raise. After that, he took it at face value. He came to his Chairman of his committee and Chairman Gifford and was told it did not make it into the final budget. Legislator Bleiler said if the request was in the preliminary budget, then he will support it.

MOTION by Legislator Larison, to table Resolution No. 261 to give the Treasurer time to investigate whether the request was submitted in the preliminary budget request from the District Attorney, SECOND by Legislator Marvel. Motion carried seven ayes to zero noes.

The Treasurer stated that it was in the preliminary request and the County Administrator removed it. It is the same case for the Public Defender’s Office budget. The County Administrator removed the COLA increase from both departments. Legislator Bleiler said he was not aware of that fact. When the budget was presented to the Management & Finance Committee they were left out.

MOTION by Legislator Larison, to bring Resolution No. 261 off the table, SECOND by Legislator Marvel. Motion carried seven ayes to zero noes.

VOTE: Passed 6-1. No: Karius.

RESOLUTION NO. 262 Motion by Marvel, Second by Larison.

RE: AUTHORIZE TRANSFER OF FUNDS FOR BOAT MOTOR – SHERIFF’S DEPARTMENT

WHEREAS, the motor for the Sheriff’s patrol boat for Seneca Lake is no longer operable or repairable, and

WHEREAS, it is necessary to maintain the patrol on Seneca Lake, and

WHEREAS, at least 50% of the cost of a new motor will be reimbursed by the State of New York.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2002 Navigation budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$5,722 3111.281 Boat

+$5,722 3111-3315 State Aid, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be further authorized to transfer $4,722 from Contingency account no. 1990.500 to Navigation account no. 3111.281. (Note: $1,000 is budgeted in account no. 3111.281 bringing the total expense of the motor to $11,444)

VOTE: Passed 7-0.

RESOLUTION NO. 263 Motion by Marvel, Second by Larison.

RE: DECLARE VEHICLE SURPLUS AND ADVERTISE FOR BIDS – SHERIFF’S DEPARTMENT

WHEREAS, the Sheriff’s Department seized a 1985 Chevrolet Camaro Z28 several years ago as a result of a drug forfeiture case, and

WHEREAS, such vehicle has been used by the Sheriff’s Department for drug investigations for several years, and

WHEREAS, the vehicle is no longer necessary in the operation of the Sheriff’s Department Drug Program.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to advertise for bids for the 1985 Camaro, and

BE IT FURTHER RESOLVED, the Clerk of the Legislature shall receive bids for said vehicle, to be due no later than 5:00 p.m. on Thursday, July 30, 2002. Bids will be opened at 9:30 a.m. on Wednesday, July 31, 2002. Bids will be accepted or rejected at the August 12, 2002 Regular Meeting of the Schuyler County Legislature. The County of Schuyler reserves the right to accept or reject any and all bids.

VOTE: Passed 7-0.

RESOLUTION NO. 264 Motion by Marvel, Second by Larison.

RE: AUTHORIZE CONTRACT RENEWAL WITH THE NYS UNIFIED COURT SYSTEM FOR COURT SECURITY – SHERIFF’S DEPARTMENT

WHEREAS, the Schuyler County Sheriff’s Department wishes to renew the contract with the NYS Unified Court System for court security, and

WHEREAS, funds from the NYS Unified Court System for court security has increased to a maximum of $60,000 per year.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with the NYS Unified Court System for court security to be provided by the Sheriff’s Department at a cost of $60,000 per year; subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 265 Motion by Karius, Second by Bingell.

RE: AUTHORIZE FOUR-YEAR CONTRACT RENEWAL WITH ROAD RUNNER FOR INTERNET SERVICES – INFORMATION TECHNOLOGY

WHEREAS, Resolution No. 75-01 authorized a contract with Time Warner Cable for Road Runner services for one year, and

WHEREAS, many addendums have been added to the original contract to add additional sites with different times of installation dates and expiration dates, and

WHEREAS, since then it has also been found to be necessary to lower the number of users at the Mill Creek Center, and

WHEREAS, the renewal contract places all of the addendums on the same contract term.

NOW, THERFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a contract with Time Warner Cable changing the contract term to be April, 2002 to April, 2006 with a new monthly service charge of $563.90; subject to the approval by the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 266 Motion by Karius, Second by Bingell.

RE: RESOLUTION TO RE-ESTABLISH THE COMPUTER COORDINATION COMMITTEE

WHEREAS, the Computer Coordination Committee was originally created by Resolution No. 104-87 in order to analyze and make recommendations regarding the purchase of computer hardware and software, and

WHEREAS, the duties of the committee were defined in Resolution No. 162-87, and

WHEREAS, the committee has been inactive for a number of years and the membership of the committee has changed over time, and

WHEREAS, there is still a need for coordination between departments regarding information technology issues.

NOW, THEREFORE, BE IT RESOLVED, that Resolution Nos. 104-87 and 162-87 are hereby rescinded, and

BE IT FURTHER RESOLVED, that the Computer Coordination Committee is hereby re-established and charged to provide analysis and make recommendations regarding information technology issues, and

BE IT FURTHER RESOLVED, that the committee will consist of the Coordinator of Information Technology and at least one county staff person representing departments from each standing committee of the Legislature, and

BE IT FURTHER RESOLVED, that this Legislature appoints the following individuals to the Computer Coordination Committee:

Thomas Bloodgood, Chair

Gerald Chafee, Coordinator of Information Technology

Nancy Peters

George Roets

Teri Baccile

Gail Hughey

Lisa Bennett

William Yessman

Judy Forney

VOTE: Passed 7-0.

RESOLUTION NO. 267 Motion by Karius, Second by Bingell.

RE: RESOLUTION OF THE SCHUYLER COUNTY LEGISLATURE ACCEPTING THE STEUBEN AND SCHUYLER RURAL TRANSPORTATION STUDY

WHEREAS, the Schuyler County Legislature authorized the Southern Tier Central Regional Planning and Development Board to apply for a grant for the New York State Department of Transportation to carry out a two-county Rural Transportation Project, and

WHEREAS, the Regional Planning Board was authorized to oversee and administer the study project on behalf of Schuyler and Steuben Counties, and

WHEREAS, the Chairman of each County Legislature appointed a policy review committee to work with staff and consultants in the preparation of the study and the development of a list of priority transportation needs, and

WHEREAS, Creighton Manning Engineering has fulfilled their contract and has developed a final Schuyler-Steuben Rural Transportation Study and an Executive Summary of transportation priorities, and

WHEREAS, the Technical and Policy Review Committees have reviewed the final study and endorsed the transportation priorities established, and

WHEREAS, the Policy Committee has recommended that the Final Study and Executive Summary be submitted for review and acceptance to each county’s legislature and appropriate legislative committees.

NOW THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts the Schuyler-Steuben Final Rural Transportation Study and Executive Summary, and

BE IT FURTHER RESOLVED, that the Legislature agrees to utilize the study in a general policy manner in consideration of future transportation issues and projects, and

BE IT FURTHER RESOLVED, that the Legislature authorizes the County officials and staff to continue to serve on the Rural Transportation Advisory Committee and provide technical support in implementation of the study’s findings and recommendations, and

BE IT FURTHER RESOLVED, that Schuyler County Legislature consider the appointment of a permanent Rural Transportation Advisory Committee, and

BE IT FURTHER RESOLVED, that no future financial obligation will be incurred by Schuyler County Legislature regarding implementation of the study’s recommendations without the specific authorization of the Legislature.

VOTE: Passed 7-0.

RESOLUTION NO. 268 Motion by Karius, Second by Bingell.

RE: COMMITMENT TO THE REGIONAL ECONOMIC DEVELOPMENT & ENERGY CORPORATION (REDEC) FOR LOCAL MATCH

WHEREAS, REDEC Relending Corporation (RRC) is submitting an application to the USDA, Rural Development for additional funding in the amount of $500,000, and

WHEREAS, in order for RRC to be competitive for this funding, a local match of $100,000 is needed, and

WHEREAS, REDEC is looking for Schuyler County to consider becoming a local match source and budgeting $2,000 annually for five years to assist REDEC in meeting their local match needs, and

WHEREAS, the Schuyler County Partnership for Economic Development (SCOPED) is also willing to commit $2,000 to REDEC.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby commits $2,000 to REDEC to be budgeted in the 2003 budget as a loan match, and

BE IT FURTHER RESOLVED, that future loan matches for the years 2004-2007 be committed if review of REDEC’s financial statements prove it necessary, and on whether the county is financially sound.

VOTE: Passed 7-0.

RESOLUTION NO. 269 Motion by Karius, Second by Bingell.

RE: IMPLEMENTATION OF EMPIRE ZONE FOR SCHUYLER COUNTY

WHEREAS, the NYS Legislature has heretofore designated certain areas within the County of Schuyler as portions of the Empire Zone in accordance with Article 18-b of the General Municipal Law, and

WHEREAS, the County of Schuyler has enacted local enabling legislation in anticipation thereof to wit: Local Laws #12 of 2000 and #1 of 2001, and

WHEREAS, the By-Laws and organization of the Schuyler County Empire Zone Board are in place, and

WHEREAS, Section 4 of Local Law #1 of 2001 requires that the Zone Administrator shall be the Executive Director of SCOPED, and

WHEREAS, said statute further requires that the Administrative Board contract with SCOPED for the provision of all services required or desirable in the administration of the Empire Zone and for the receipt and administration of state and local fund dedicated thereto, and

WHEREAS, it is appropriate to commence the organization and administrative activities of the Empire Zone.

NOW, THEREFORE, BE IT RESOLVED, that:

1. The Schuyler County Legislature hereby encourages the Empire Zone Administrative Board to conclude a contract for the above-mentioned services with SCOPED as soon as possible, all in compliance with Section 4 of Local Law #1 of 2001.

2. The Chairman of the Schuyler County Legislature be hereby authorized to execute all documents, consents or assurances and to offer all necessary aid and assistance to the Administrative Board in pursuance of its objectives.

3. The Schuyler County Legislature encourages the Administrative Board and SCOPED to conclude such contractual arrangements with the State of New York as may be required to implement the Empire Zone within this county.

VOTE: Passed 7-0.

RESOLUTION NO. 270 Motion by Karius, Second by Bingell.

RE: AUTHORIZE CONTRACT WITH BOBBY K ENTERTAINMENT FOR TEEN DANCES – YOUTH BUREAU

WHEREAS, the Youth Bureau is sponsoring three dances for the youth of Schuyler County, and

WHEREAS, the Disc Jockey (DJ) will charge $250 each dance, and

WHEREAS, the money to pay for the DJ will be taken from the Southern Tier Tobacco Awareness Coalition mini grant.

NOW, THEREFORE, BE RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said contract with Bobby K Entertainment, effective immediately through December 31, 2002; subject to the approval by the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 271 Motion by Karius, Second by Bingell.

RE: RESOLUTION TO APPLY FOR CERTIFIED COUNTY STATUS

WHEREAS, the county annually apportions the real property tax levy in accordance with Title 2 of Article 8 of the Real Property Tax Law (RPTL), and

WHEREAS, all eight of the county’s towns have completed reassessments for the 2002 final assessment roll.

NOW, THEREFORE, BE IT RESOLVED, that county real property taxes to be levied for the fiscal year commencing January 1, 2003 shall be apportioned to each town in accordance with the provisions of RPTL Section 845, and

BE IT FURTHER RESOLVED, that a copy of this resolution be filed with the State Board of Real Property Services within five days after its adoption.

VOTE: Passed 7-0.

NEW BUSINESS: None.

UNFINISHED BUSINESS: None.

REPORT ON STANDING COMMITTEES:

Legislator Young reported on the Community Development & Natural Resources Committee. She reported that the Solid Waste Task Force is trying to find out what is going on with the recycling program. One big problem they are having is the cost of items that come from recycled materials. When purchasing office supplies, recycled paper for twelve packages cost $28.00 and non-recycled is only $17.76, this does not make sense. She feels if they regionally get together they can get a better price.

Legislator Bleiler reported on the Human Services Committee. He asked the Real Property Tax Director if he had a figure yet on the Veteran’s Exemption. Tom Bloodgood, Real Property Tax Director, said after filing, the number was less than 1%, even close to ½%. He feels it is smaller than they expected. Legislator Marvel reported on the Management & Finance Committee. He stated that the county does qualify for another empire zone and they will be applying. They have already distributed the acreage outside of the existing zone and they need more acreage.

PUBLIC PARTICIPATION:

Angie Franzese asked when the Legislature started giving a Cost of Living Adjustment (COLA) to themselves. Legislator Bingell responded that they just starting receive the COLA this year. Mrs. Franzese noted that legislators in the past never received a COLA with the thought of the budget in mind. They themselves would sacrifice.

The Meeting adjourned at 7:20 p.m.

Stacy B. Husted, Deputy Clerk

REGULAR MEETING

AUGUST 12, 2002

The August 12, 2002 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 Bingell and followed by a Moment of Silence. All Legislators were present except Legislator Hastings who was excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 6 OF THE YEAR 2002 AUTHORIZING SALARY INCREASES FOR CERTAIN PUBLIC OFFICERS: None.

RESOLUTION NO. 272 Motion by Larison, Second by Bingell.

RE: APPROVE MINUTES OF THE DECEMBER 10, 2001 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the December 10, 2001 Regular Meeting of the Schuyler County Legislature are hereby approved.

VOTE: Passed 7-0.

RESOLUTION NO. 273 Motion by Larison, Second by Young.

RE: AUTHORIZE CONTRACT RENEWAL WITH HEALTH RESEARCH, INC. FOR WEST NILE VIRUS EDUCATION AND SURVEILLANCE ACTIVITIES AND AMEND BUDGET – PUBLIC HEALTH

WHEREAS, the Schuyler County Public Health Department needs to implement the West Nile Virus Response Plan, and

WHEREAS, Health Research, Inc. has made available a grant in the amount of $2,500 to use in support of these efforts, effective 04/01/2002 through 12/31/2002.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign an agreement to accept the grant for the purpose of West Nile Virus education and surveillance activities, in an amount not to exceed $2,500, subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Legislature authorizes the Treasurer to amend the Public Health Budget as follows:

ACCOUNT NO. DESCRIPTION AMOUNT

4010.100 Personal Services +$2,000.00

4010.400 Contractual +$ 500.00

4010-1689 Other Health Dept. Income +$2,500.00

VOTE: Passed 7-0.

RESOLUTION NO. 274 Motion by Larison, Second by Young.

RE: AUTHORIZATION TO TRANSFER ONE-HALF OF AN ACCOUNT CLERK TYPIST POSITION FROM WATERSHED PROTECTION AGENCY (PUBLIC HEALTH) TO MENTAL HEALTH

WHEREAS, in order to facilitate the flow of work, it is desirous to transfer one-half of the Account Clerk Typist position from Watershed Protection Agency, Public Health, to Mental Health, effective Monday August 12, 2002.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the Director of Community Services/Public Health to transfer one-half of the Account Clerk Typist position from the Watershed Protection Agency to Mental Health for one-half of the workweek, funds being available in account no. 4310.100 for the hours spent in Mental Health.

VOTE: Passed 7-0.

RESOLUTION NO. 275 Motion by Larison, Second by Young.

RE: DECLARE SEPTEMBER AS BABY SAFETY MONTH IN SCHUYLER COUNTY – PUBLIC HEALTH

WHEREAS, baby safety is the most important concept when it comes to a parent or caregiver, and

WHEREAS, many accidents occur because parents and caregivers are not aware of the safety standards that need to be met regarding different juvenile products, and

WHEREAS, it is important never to turn your back on a baby or leave the baby unattended.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature proclaim September as Baby Safety Month in Schuyler County and reminds parents and caregivers to childproof their homes, follow manufacturer’s recommendations on products for babies and obtain immediate help in case of poisoning, drowning or other accidents.

VOTE: Passed 7-0.

RESOLUTION NO. 276 Motion by Karius, Second by Bingell.

RE: DECLARE SEPTEMBER AS PROSTATE CANCER AWARENESS MONTH IN SCHUYLER COUNTY – PUBLIC HEALTH

WHEREAS, prostate cancer affects 1 in 9 men and is most common in African Americans, men over 50 and men with a family history, and

WHEREAS, annual testing is the best way to find prostate cancer early and examine treatment options.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby declares September as Prostate Cancer Awareness Month in Schuyler County and urges testing and follow up with physicians.

VOTE: Passed 7-0.

RESOLUTION NO. 277 Motion by Karius, Second by Bingell.

RE: AMEND CONTRACT WITH JEFFREY WEYRAUCH, BUDGET CONSULTANT – MENTAL HEALTH

WHEREAS, additional hours are still needed to assist the Mental Health Department with analyzing data, preparing the Consolidated Fiscal Report and planning for 2003, and

WHEREAS, funding is available in the 2002 budget account 4310.435-Professional Fees to provide additional services.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to approve an amended contract with Jeffrey G. Weyrauch for budgetary consultant services to the Schuyler County Mental Health Department, at a rate of $100 per hour, not to exceed an additional $3,500 for the 2002 calendar year, effective immediately, contract subject to approval by the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 278 Motion by Karius, Second by Bingell.

RE: AUTHORIZE AMENDMENT TO 2002 AGREEMENT WITH AFFILIATED PSYCHOLOGICAL CONSULTANTS, P. C. – MENTAL HEALTH

WHEREAS, it is desirous to maintain parity between Affiliated Psychological Consultant mental health workers and Schuyler County employees, doing similar work, and

WHEREAS, funding for these services is available in the Mental Health 2002 budget account 4310.435.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment with Affiliated Psychological Consultants, P.C. to increase funding of Section I of Appendix B by $18,355 for a total not to exceed $101,918 and Section I of Appendix C by $13,030 for a total not to exceed $160,574, effective immediately through December 31, 2002, subject to approval by the Schuyler County attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 279 Motion by Larison, Second by Bingell.

RE: AMEND RESOLUTION NO. 93-02 AUTHORIZING AN AGREEMENT WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT – MENTAL HEALTH

WHEREAS, Resolution No. 93-02 authorized an agreement with Watkins Glen Central School District and Mental Health for a three-year school support program to end December 31, 2004, and

WHEREAS, that Resolution needs to be amended to reflect additional services to be provided and a change in the amount and the term of the agreement.

NOW, THEREFORE, BE IT RESOLVED, that the Now Therefore Be It Resolved in Resolution No. 93-02 now read as follows with the changes in bold:

“NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the Watkins Glen Central School District in an amount not to exceed $107,000 per year for 2002 and 2003, and $53,500 for the remainder of the contract to run until June 30, 2004, for the provision of school support services, effective immediately through June 30, 2004. Funding has been allocated in the 2002 Mental Health budget, account no. 4310.435, subject to the approval of the Schuyler County Attorney”.

VOTE: Passed 7-0.

RESOLUTION NO. 280 Motion by Larison, Second by Bingell.

RE: AMEND FINGER LAKES PARENT NETWORK CONTRACT – MENTAL HEALTH

WHEREAS, the Mental Health Clinic contracts with Finger Lakes Parent Network, and

WHEREAS, the Office of Mental Health has allocated the amount of $10,000 for the provision of a Children’s Support Worker position, and

WHEREAS, funding for this additional service is available in the Mental Health 2002 budget account no. 4310.435.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to approve an amendment to the Finger Lakes Parent Network agreement for the year 2002 in an amount not to exceed an additional $10,000, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 281 Motion by Young, Second by Bingell.

RE: AMEND 2002 MENTAL HEALTH BUDGET – INCREASE IN FEDERAL SALARY SHARING ALLOCATION

WHEREAS, $68,746 in Federal Salary Sharing funds were unused from 2001, and

WHEREAS, this amount as been reallocated by New York State to our 2002 budget.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to amend the 2002 Mental Health Budget as follows:

ACCOUNT DESCRIPTION AMOUNT

4310.200-4315 Equipment $20,000

4310.200-4316 Equipment $10,746

4310.435-4316 Professional Fees/Svcs. $38,000

4310-4490-4316 Federal Salary Sharing $68,746

VOTE: Passed 7-0.

RESOLUTION NO. 282 Motion by Larison, Second by Bingell.

RE: AUTHORIZE CONTRACT WITH RECORDS MANAGEMENT FOR RECORDS MANAGEMENT SERVICES – PUBLIC AND MENTAL HEALTH

WHEREAS, both the Department of Mental Health and Public Health have been utilizing the services of Records Management for some time, and

WHEREAS, it is the desire of the Health Services Committee to reimburse the Records Management Department for its services.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with the Public and Mental Health Department for Records Management Services, effective January 1, 2002 through December 31, 2002, in the amount of $6,000, $3,000 to be paid from account no. 4310.435 and $3,000 to be paid from account no. 4010.435; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 283 Motion by Larison, Second by Bingell.

RE: AUTHORIZATION TO CREATE AND FILL PROBATION OFFICER/TRAINEE POSITION - PROBATION DEPARTMENT

WHEREAS, a Senior Probation Officer in the Schuyler Probation Department is retiring effective July 31, 2002, and

WHEREAS, the above creates a vacancy in the department that, due to ever-increasing workloads, is crucial to fill, and

WHEREAS, the desire of the Probation Director is to eventually promote from within to the Senior Probation Officer position once existing staff is eligible, leaving said position vacant until said action can occur.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Probation be authorized to create and fill the position of Probation Officer or Probation Officer Trainee to be placed in either Grade Level XXII at an hourly rate of $14.57 or Grade Level XXI at an hourly rate of $13.93, there being funds in account no. 3140.100 to fund said position, and

BE IT FURTHER RESOLVED, that the position of Senior Probation Officer be left vacant until current staff becomes eligible for a provisional promotion, at which time the Probation Officer or Probation Officer Trainee position will be abolished.

VOTE: Passed 7-0.

RESOLUTION NO. 284 Motion by Larison, Second by Bingell.

RE: ANNUAL UPDATE OF THE PINS DIVERSION PLAN – PROBATION

WHEREAS, Schuyler County previously applied for and received approval for the operation of the PINS Diversion Program under the mandatory PINS Diversion Law during 1987 and updated annually since then, and

WHEREAS, this matter has been discussed by members of the Public Safety/Criminal Justice Committee of the Schuyler County Legislature, and the recommendation of that Committee is that the PINS Diversion Planning Committee for the PINS Plan submit the required annual update.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign the Update of the Plan on behalf of the County of Schuyler as well as any contract or agreement made a part of the Plan; subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the PINS Diversion Planning Committee be authorized to submit said Plan to the State of New York, and

BE IT FURTHER RESOLVED, that the previously appointed members of the PINS Diversion Planning and Assessment Committees continue to serve in that capacity.

VOTE: Passed 7-0.

RESOLUTION NO. 285 Motion by Larison, Second by Bingell.

RE: AUTHORIZE CONTRACT WITH JEFF’S SEPTIC FOR WASTEWATER REMOVAL FROM THE DOG POUND – SHERIFF’S DEPARTMENT

WHEREAS, it is necessary to remove the wastewater from the Schuyler County Dog Pound, and

WHEREAS, Jeff’s Septic has agreed to remove the wastewater from the Dog Pound and to dispose of it in the Village of Watkins Glen Sewage Plant.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to executed a contract with Jeff’s Septic for the removal of the wastewater from the Schuyler County Dog Pound in the amount of $150 per load, for the term May 14, 2002 through December 31, 2002, to be renewed annually on the calendar year; funding available in the 2002 Sheriff’s Department budget account no. 3510.400; subject to approval of the Schuyler County Attorney.

DISCUSSION: Legislator Young asked if this situation will be ongoing, or if there is another plan for the future? Legislator Larison stated that this is a solution to the problem, until such time a new dog pound is built elsewhere. Legislator Young feels they should look at a long term solution to this problem. This is like paying rent. Legislator Larison explained that this was researched last year and they looked at hauling gravel for the leach field and other ideas. The Public Safety/Criminal Justice Committee decided this was the best way to handle the situation taking the neighboring residents into account. He explained how they figured the monthly cost. Legislator Young said she would like to revisit this in committee and talk about a better solution. Legislator Larison agreed to discuss it again this month at committee.

VOTE: Passed 7-0.

RESOLUTION NO. 286 Motion by Larison, Second by Bingell.

RE: AUTHORIZE CONTRACT WITH VILLAGE OF WATKINS GLEN TO DISPOSE OF WASTEWATER FOR THE DOG POUND – SHERIFF’S DEPARTMENT

WHEREAS, it is necessary to contract with the Village of Watkins Glen to dispose of wastewater from the Dog Pounds.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to executed a contract with the Village of Watkins Glen to dispose of the wastewater from the Schuyler County Dog Pound according to the fee schedule spelled out in the contract, for the term May 14, 2002 through December 31, 2002, to be renewed annually on the calendar year; funding available in the 2002 Sheriff’s Department budget account no.3510.400; subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 287 Motion by Larison, Second by Bingell.

RE: AMEND CONTRACT WITH SENECA COUNTY FOR MUTUAL AID SERVICES – SHERIFF’S DEPARTMENT

WHEREAS, Resolution No. 184-99 previously approved entering into contracts with neighboring counties for mutual aid services through the Schuyler County Sheriff’s Department for policing at the Watkins Glen International Race Track, and

WHEREAS, it is necessary to amend the contract with Seneca County to coincide with the other counties to include an additional payment for each vehicle used and an additional sum for each K-9 unit dog/vehicle used in providing such services by Seneca County.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute an amendment to the contract with Seneca County to include the additional services stated above for the remainder of the contract to terminate in June, 2005, funding available in the 2002 Sheriff’s Department budget; subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 288 Motion by Larison, Second by Bingell.

RE: AGREEMENT TO BE LOCAL SPONSOR FOR SNOWMOBILE TRAILS GRANT APPLICATION FOR SNOWMOBILE CLUBS FOR 2002-2003

WHEREAS, four local Snowmobile Clubs in the county wish to use the Schuyler County Government as their authorized local sponsor for their grants, and

WHEREAS, the Planning Department would be the administrator of the grants and the County Treasurer would administer the grant funds, and

WHEREAS, the Snowmobile Clubs will carry $1,000,000 in insurance with a copy filed in the Planning Office, and

WHEREAS, the Department of Environmental Conservation (DEC) will issue the trail permits to the Snowmobile Clubs with the idea that there will be less needed grooming maintenance for the trails.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to be the authorized local sponsor for four local Snowmobile Clubs in the county in the pursuit of Snowmobile Trails Grant funds, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the grant application.

VOTE: Passed 7-0.

RESOLUTION NO. 289 Motion by Larison, Second by Bingell.

RE: AUTHORIZE TEMPORARYILY INCREASING THE HOURS OF PART-TIME CLEANERS IN THE BUILDINGS AND GROUNDS DEPARTMENT

WHEREAS, one full-time Cleaner is on medical leave beginning July 16, 2002, 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 some funding in the Buildings and Grounds personal services account to cover extra hours for the current part-time cleaners.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the Building Maintenance Supervisor to increase the part-time cleaners’ hours by a total of 7 hours per week or within available funds, retroactive to July 16, 2002, and

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

VOTE: Passed 7-0.

RESOLUTION NO. 290 Motion by Bingell, Second by Young.

RE: ACCEPT/REJECT BIDS FOR COUNTY ROUTE 23A BRIDGE REPLACEMENT – HIGHWAY

WHEREAS, Resolution No. 179-02 authorized advertisement for bids for replacement of County Route 23A Bridge over Tobehanna Creek, BIN 3359580, and

WHEREAS, said advertisement was done, bids received with the following recommendation being made by Erdmann Anthony Associates.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the low bid from Frampton Construction for the replacement of County Route 23A Bridge over Tobehanna Creek, BIN 3359580, at the low bid price of $320,000, funding available in the 2002 budget account no. 5120.307, and authorizes its Chairman to sign any and all necessary contract documents, subject to the approval of the Schuyler County Attorney, and

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

VOTE: Passed 7-0.

RESOLUTION NO. 291 Motion by Bingell, Second by Young.

RE: ACCEPT/REJECT BIDS FOR VALOIS POINT BRIDGE REPLACEMENT – HIGHWAY

WHEREAS, Resolution No. 255-02 authorized advertisement for bids for replacement of Valois Point Bridge over Breakneck Creek, BIN 3332430, and

WHEREAS, said advertisement was done, bids received with the following recommendation being made by Hunt Engineers and Architects.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the low bid from Edger Enterprises for the replacement of Valois Point Bridge over Breakneck Creek, BIN 3332430, at the low bid price of 156,056.00, funding available in the 2002 budget account no. 5120.323, and authorizes its Chairman to sign any and all necessary contract documents, subject to the approval of the Schuyler County Attorney, and

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

VOTE: Passed 7-0.

RESOLUTION NO. 292 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 THEREFORE

WHEREAS, a Project for the replacement of BIN 3359580, County Route 23A over Tobehanna Creek, Schuyler County, PIN 6752.93 (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 replacement of BIN 3359580, County Route 23A over Tobehanna Creek, Schuyler County, PIN 6752.93.

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

BE IT FURTHER RESOLVED, that the Schuyler County 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, Right-of-Way Incidental, Construction and Construction Inspection work for the Project or portions thereof; and

BE IT FURTHER RESOLVED, that the sum not to exceed $548,000.00 is hereby appropriated from account no. 5020.400 and account no. 5120.307 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 Chairman of the Schuyler County Legislature be and is 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 and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, 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 7-0.

RESOLUTION NO. 293 Motion by Bingell, Second by Larison.

RE: A RESOLUTION AUTHORIZING THE RESURFACING OF COUNTY ROADS IN AND FOR THE COUNTY OF SCHUYLER, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $210,000, AND AUTHORIZING THE ISSUANCE OF $210,000 BONDS OF SAID COUNTY TO PAY THE COST THEREOF - FAILED

BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the County Legislature of the County of Schuyler, New York, as follows:

Section 1. The resurfacing of County roads in and for the County of Schuyler, New York, including incidental improvements, is hereby authorized at a maximum estimated cost of $210,000.

Section 2. SEQR DETERMINATION: It is hereby determined that the aforesaid purpose constitutes a Type II Action under the SEQR regulations of the State of New York which, by definition, will not have any significant impact upon the environment.

Section 3. The plan for the financing of such maximum estimated cost shall consist of the issuance of $210,000 bonds of said County hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law.

Section 4. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 20(b) of paragraph a of Section 11.00 of the Local Finance Law.

Section 5. The faith and credit of said County of Schuyler, New York, are hereby irrevocable pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

Section 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law.

Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law.

Section 8. The validity of such bonds and bond anticipation notes may be contested only if:

1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3) Such obligations are authorized in violation of the provisions of the Constitution.

Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150‑2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long‑term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section 10. This resolution, which takes effect immediately, shall be published in full or in summary in the Watkins Review & Express, the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law.

DISCUSSION: Legislator Bleiler said the intent here is to bond for something rather than use taxpayers’ money. Legislator Bingell asked the Treasurer to explain her research. The Treasurer said she called Bond Counsel and they could bond for this by making it into a capital project and funding it in the regular highway budget. If the funds come through, according to the Highway Superintendent, the money will be like pork barrel money, not Operation & Maintenance funding. We would use those funds to pay this off. She feels they will definitely have to raise taxes in the future by doing this. Legislator Bingell feels if they do not keep up on the roads, it will cost more in the future. Legislator Larison stated that summer is the time to due road repairs and there are funds budgeted for that purpose. He feels they have to keep that window open and do it now. Chairman Gifford agrees they should not be borrowing money, however if you do not do it this year, it will be double the cost next year. He feels the only other way to do it this year, would be to take it out of the fund balance. Legislator Marvel feels we should put it in the budget for next year and let it work through the budget process. He said the Legislature is already aware about increasing Medicaid costs and having to play catch up with money being overspent this year. Legislator Bleiler noted that there is another shortfall of revenue in the Sheriff’s Department and believes they have to be realistic. He feels they adopted a budget for a year, and they should stick with it. He also feels if it were a one-year project it would be fine to bond for it and get it done. Legislator Marvel feels they need to use caution and look at the economy. It is not the time to be spending money with a soft economy and a decrease in revenues.

VOTE: Failed 3-4. Noes: Karius, Bleiler, Marvel, Gifford.

RESOLUTION NO. 294 Motion by Bingell, Second by Larison.

WHEREAS, a Project for the replacement of BIN 3332660, County Route 16 over Tributary to Meads Creek, 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 replacement of BIN 3332660, County Route 16 over Meads Creek, 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 sum not to exceed $649,000.00 is hereby appropriated from account no. 5020.400 and account no. 5120.342 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 7-0.

RESOLUTION NO. 295 Motion by Bingell, Second by Larison.

WHEREAS, a Project for the replacement of BIN 3332690, County Route 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 replacement of BIN 3332690, County Route 27 over Rock Stream, Schuyler County, PIN 6752.82.

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

BE IT FURTHER RESOLVED, that the sum not to exceed $450,500.00 is hereby appropriated from account no. 5020.400 and account no. 5120.570 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 7-0.

RESOLUTION NO. 296 Motion by Larison, Second by Bleiler.

RE: CREATE THE POSITION OF YOUTH BUREAU DIRECTOR

WHEREAS, Resolution No. 475-98 created the position of Youth Services Planner and abolished the position of Director, Schuyler County Youth Bureau, and

WHEREAS, the Youth Services Planner resigned effective November 3, 2000, and

WHEREAS, the appointment of JoAnn Fratarcangelo, as the Youth Bureau Director, was made January 9, 2001 and the position was not re-created.

NOW, THEREFORE, BE IT RESOLVED, that the position of Youth Bureau Director be created in Grade Level E in the Management/Confidential Salary Plan with a current 2002 salary of $34,089 for JoAnn Fratarcangelo.

VOTE: Passed 7-0.

RESOLUTION NO. 297 Motion by Larison, Second by Bleiler.

RE: SALARY ADJUSTMENT FOR YOUTH BUREAU DIRECTOR

WHEREAS, the position of Youth Bureau Director will be taking on additional duties to be the Coordinator of a new program called Families First, and

WHEREAS, because of these additional duties the Human Services Committee has asked that the Personnel Officer perform a factor rating analysis on the position, and

WHEREAS, the Management Confidential Salary Plan has a process for compensation because of material and significant change in the duties and responsibilities of a position, and

WHEREAS, the Personnel Officer has made the following recommendation which will include responsibility for Families First in conjunction with the departments of Public Health, Mental Health, Probation and Social Services:

I Accountability 120

II Complex 120

III Independent Judgment 120

IV Impact of program 96

V Scope of contacts 80

VI Supervision 80

VII Education & Experience 90

TOTAL 706 = Grade H.

NOW, THEREFORE, BE IT RESOLVED, that the salary of JoAnn Fratarcangelo shall be adjusted effective upon the creation of the Families First Program, to $40,000.00 annually for the position of Youth Bureau Director, and

BE IT FURTHER RESOLVED, that the Youth Bureau Director remain as the Interim Director, Office for the Aging, per Resolution No. 71-02, until a replacement is found.

VOTE: Passed 7-0.

RESOLUTION NO. 298 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE ADVERTISING AND HIRING A DIRECTOR, OFFICE FOR THE AGING

WHEREAS, Carol Bossard, Office for the Aging Director, tendered her resignation effective January 31, 2002, and

WHEREAS, the Human Services Committee has completed its investigation of the possibility of merging the Youth Bureau and the Office for the Aging and does not recommend that merger, and

WHEREAS, Resolution No. 71-02 appointed the Youth Bureau Director as the Interim Director, which will continue until the vacancy is filled.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes advertising and hiring, effective immediately, of a Director, Office for the Aging, Grade Level F in the Management/Confidential Salary Plan in a salary range of $31,661 (minimum) - $39,284 (mid-range).

VOTE: Passed 7-0.

RESOLUTION NO. 299 Motion by Bingell, Second by Marvel.

RE: AUTHORIZE AMENDMENT TO THE 2002 CONTRACT WITH THE SHERIFF’S DEPARTMENT FOR JD/PINS TRANSPORTATION – SOCIAL SERVICES

WHEREAS, the Department of Social Services contracts with the Schuyler County Sheriff’s Department for Juvenile transports, and

WHEREAS, in 2001 a motion to renew the 2002 agreement with no changes was approved, and

WHEREAS, the Sheriff’s Department has incurred additional expenses over the agreed amount of $3,000.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an amended agreement with the Schuyler County Sheriff’s Department for JD/PINS for the year 2002 in a total amount not to exceed $15,000, funding available in the 2002 Social Services budget account no. 6123.400; subject to approval by the County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 300 Motion by Bingell, Second by Marvel.

RE: LOCAL LAW INTRO. NO. 3 OF THE YEAR 2002 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 69, LAWS OF 2002 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER

WHEREAS, the State of New York has offered Employers a Retirement Incentive Program, which must be implemented by a Local Law to be enacted on or before September 30, 2002.

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3 of the year 2002, 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 August 27, 2002 at 6:30 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY to be followed by a Special Meeting of the Legislature to consider the adoption thereof.

LOCAL LAW INTRO. NO. 3 OF THE YEAR 2002

A Local Law electing a retirement incentive program as authorized by Chapter 69, Laws of 2002 for the eligible employees of the County of Schuyler.

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

1. The Schuyler County Legislature hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 69, Laws of 2002.

2. The commencement date of the retirement incentive program shall be October 1, 2002.

3. The open period during which eligible employees may retire and receive the additional retirement benefit, shall be 88 days in length.

4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the actual payment shall be determined by the Actuary of the New York State and Local Employees’ Retirement System, and it shall be paid by the County of Schuyler.

5. This act shall take effect immediately.

VOTE: Passed 6-1. No: Larison.

RESOLUTION NO. 301 Motion by Bingell, Second by Marvel.

RE: AUTHORIZE TRANSFER OF FUNDS FROM PROFESSIONAL CONSULTANT TO CIVIL SERVICE/ PERSONNEL

WHEREAS, 2002 funding for labor counsel services was budgeted in the Professional Consultant account, and

WHEREAS, it has come to the attention of the Management and Finance Committee that it would be easier for the Personnel Officer to manage said funds if they were in her departmental budget.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $40,000 from Professional Consultant account no. 1630.435 to Civil Service/Personnel account no. 1430.435.

VOTE: Passed 7-0.

RESOLUTION NO. 302 Motion by Larison, Second by Marvel.

RE: AMEND 2002 SALARY SCHEDULE

WHEREAS, the salary of Linda Potter, Director of Patient Services, was miscalculated for the year 2002 which resulted in her salary being below the minimum in Grade H from the Management/Confidential Salary Plan.

NOW, THEREFORE, BE IT RESOLVED, that Linda Potter's salary be corrected to $38,558.00 effective 01/01/02, and that the salary schedule be amended to reflect this correction, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be, and hereby is, authorized to pay the adjusted salary retroactively to January 1, 2002.

VOTE: Passed 7-0.

RESOLUTION NO. 303 Motion by Larison, Second by Marvel.

RE: DECLARE EQUIPMENT SURPLUS – BUILDINGS AND GROUNDS DEPARTMENT

WHEREAS, the Buildings and Grounds Department has a 1990 Dodge Ram 15 Passenger Van and a 1994 Chevrolet Cavalier, which are no longer needed in the department.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare one (1) 1990 Dodge Ram Van, S/N2BSWB352YLK752913, and one (1) 1994 Chevrolet Cavalier, S/N 1G1JC544SR7319672, as surplus, and

BE IT FURTHER RESOLVED, that said vehicles should be placed in the County auction unless committee approval is granted to allow the vehicles to be used by another department.

VOTE: Passed 7-0.

RESOLUTION NO. 304 Motion by Larison, Second by Marvel.

RE: DECLARE EQUIPMENT SURPLUS – BUILDINGS AND GROUNDS DEPARTMENT

WHEREAS, the Buildings and Grounds Department has a 1987 Chevrolet 1-ton Pickup, which is no longer needed in the department.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare one (1) 1987 Chevrolet 1-ton Pickup, S/N 1GBJV34M4HJ151373, as surplus, and

BE IT FURTHER RESOLVED, that said vehicle should be returned to the Soil and Water Conservation District for them to dispose of as required.

VOTE: Passed 7-0.

RESOLUTION NO. 305 Motion by Marvel, Second by Bingell.

RE: LOCAL LAW NO. 6 OF THE YEAR 2002 AUTHORIZING SALARY INCREASES FOR CERTAIN PUBLIC OFFICERS

WHEREAS, a proposed Local Law regarding Local Law No. 6 of the Year 2002 Authorizing Salary Increases for Certain Public Officers was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held August 12, 2002 at 7:00 p.m., and

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

NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 6 Authorizing Salary Increases for Certain Public Officers of the year 2002, 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. 6 of the year 2002, together with the required text thereof in the official county newspaper.

LOCAL LAW NO. 6 OF THE YEAR 2002

A Local Law Setting the Salaries of Certain Public Officers for the year 2002.

Be it enacted by the Legislature of the County of Schuyler as follows:

1. Effective within 45 days hereof, the salaries of the public officers listed below shall be in the amounts herein stated beginning January 1, 2002.

2. The following public officers are subject to the provision hereof:

Assistant District Attorney $46,937

Public Defender $41,320

Assistant Public Defender $22,210

3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24.

VOTE: Passed 7-0.

RESOLUTION NO. 306 Motion by Marvel, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS FOR SALARY INCREASES – DISTRICT ATTORNEY AND PUBLIC DEFENDER

WHEREAS, funding for Cost of Living Adjustments (COLA) for the Assistant District Attorney, the Public Defender and the Assistant Public Defender was not included in the 2002 budget, and

WHEREAS, it is the desire of this Legislature to give the above mentioned positions a COLA retroactive to January 1, 2002.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following account transfers:

AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO.

$1,499 1990.500-Contingency 1165.100-District Attorney

$2,030 1990.500-Contingency 1170.100-Public Defender

VOTE: Passed 6-1. No: Karius.

RESOLUTION NO. 307 Motion by Marvel, Second by Bingell.

RE: DECLARE EQUIPMENT SURPLUS – OFFICE FOR THE AGING

WHEREAS, the Office for the Aging has kitchen equipment, tires and a fan that is no longer needed by the department.

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

BE IT RESOLVED, that the Office for the Aging sell the items at the Street Fair to be held on August 16, 2002, and

BE IT FURTHER RESOLVED, that the items not sold at the Street Fair be removed by the Building Maintenance Supervisor and placed in storage for inclusion in the annual County Auction.

Six (6) Boxes of misc. dishes

Four (4) General Tires – Size p225-r15

Two (2) Path Finders Radials Studded Snow Tires – 8.75r16.5

One (1) Upright Circulating Fan

Seven (7) Glass Water Pitchers

Two (2) Buckets of forks, knives, spoons

Two (2) Boxes of glassware, cups, salt shakers

One (1) Box of Kitchenware Utensils

One (1) Box of Fiberglass Food Trays

Pots and Pans

Six (6) Food Containers

One (1) Mop Bucket and Ringer

One (1) Box of Dish Washing Powder

VOTE: Passed 7-0.

RESOLUTION NO. 308 Motion by Bingell, Second by Marvel.

RE: ACCEPT/REJECT BIDS FOR SURPLUS VEHICLE – SHERIFF’S DEPARTMENT

WHEREAS, Resolution No. 263-02 authorized advertisement for bids for a Sheriff’s Department seized 1985 Chevrolet Camaro Z28, and

WHEREAS, said advertisement was done, bids received with the following recommendation being made by the Schuyler County Sheriff.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby accept the bid from Raymond L. Ingham in the amount of $2,500, for the Sheriff’s Department seized 1985 Chevrolet Camaro Z28.

VOTE: Passed 7-0.

RESOLUTION NO. 309 Motion by Bingell, Second by Marvel.

RE: AUTHORIZE LETTER OF SUPPORT – NEW YORK STATE LEGISLATIVE GAZETTE

WHEREAS, the Schuyler County Chamber of Commerce and SCOPED are working collectively to promote Schuyler County in the New York State Legislative Gazette, and

WHEREAS, a letter of support from the local governing body is requested to be included with the advertisement, and

WHEREAS, there is no cost involved with this promotion effort.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to send a letter in support of the efforts of the Schuyler County Chamber of Commerce and SCOPED in promoting Schuyler County in the New York State Legislative Gazette.

VOTE: Passed 7-0.

RESOLUTION NO. 310 Motion by Bingell, Second by Marvel.

RE: DECLARE EQUIPMENT JUNK – HIGHWAY DEPARTMENT

WHEREAS, the Highway Department has equipment destroyed by lightning.

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

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

#2941 One (1) Multimedia Kit S/N AWE64

#2944 One (1) Modem, 56K

#4167 One (1) Gateway 550 Computer S/N E3200

#3102 One (1) Netgear 8-Port

#3711 One (1) Linksys, Hub

#666 One (1) Okidata Printer

VOTE: Passed 7-0.

RESOLUTION NO. 311 Motion by Bingell, Second by Marvel.

RE: DECLARE EQUIPMENT SURPLUS – HIGHWAY DEPARTMENT

WHEREAS, the Highway Department has surplus equipment, which is no longer needed by the department.

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 County Auction.

#645 (1) Metal Desk

#646 (1) Metal Desk

#647 (1) Metal Desk

#635 (1) 1990 Chevy 4x4 Pickup Truck S/N 1GCGK24KOLE185433

#590 (1) Bucyruss-Erie Power Shovel S/N 933

VOTE: Passed 7-0.

RESOLUTION NO. 312 Motion by Karius, Second by Bingell.

RE: NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY 2002-2003

WHEREAS, the New York State Matching Grants Program is designated to encourage tourism promotion throughout the regions of New York State, and

WHEREAS, in the past, the State of New York has appropriated funds for this purpose in its Commerce Department budget, and

WHEREAS, the guidelines for this local assistance program encourages counties to appoint a Regional Tourist Promotion Agency, and

WHEREAS, the Schuyler County Chamber of Commerce has been authorized to serve as the Schuyler County tourism representative to provide specific tourism services on behalf of Schuyler County, and

WHEREAS, the Schuyler County Chamber of Commerce has served as the Schuyler County lead tourism promotion organization since its inception, and

WHEREAS, the Schuyler County Chamber of Commerce has requested to be designated as the County’s Tourism Agency for the 2002-2003 State Program Year.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Chamber of Commerce be, and hereby is, designated by the Schuyler County Legislature as its Tourist Promotion Agency for the 2002-2003 State Program year to represent the County of Schuyler under the present New York State Tourist Promotion Act for all purposes set forth in said act, and

BE IT FURTHER RESOLVED, that the Schuyler County Chamber of Commerce be, and hereby is, authorized to execute any documents under the Matching Grants Program and is authorized to make application for and receive grants on behalf of the County of Schuyler pursuant to the New York State Commerce Department budget for 2002-2003, and

BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, authorized to file a certified copy of this resolution with appropriate bodies including, but not limited to, the Schuyler County Chamber of Commerce and the Finger Lakes Association.

VOTE: Passed 7-0.

RESOLUTION NO. 313 Motion by Karius, Second by Bingell.

RE: ESTABLISH A POLICY FOR ELECTRONIC DATA BACKUP AND STORAGE – INFORMATION TECHNOLOGY

WHEREAS, the Governmental Operations Committee recommends that a policy for electronic data backup and storage should be set by the Legislature.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature shall hereby adopt a policy for electronic data backup and storage as set forth below:

SCHUYLER COUNTY ELECTRONIC DATA BACKUP AND STORAGE

POLICY AND PROCEDURE

Principles of Acceptable Data Safeguarding

For the purposes of this policy and procedure, the term “Schuyler County Network” will be understood to include any and all computers that process data in County government operations. These computers may be physically connected to one of numerous separate internal networks with a server or stand-alone. This policy applies to all networks regardless of their interconnections or physical locations. This policy does not apply to computers or networks maintained and backed up by the state or contract agencies that are in use by the County (e.g. NYSDSS, NYSPIN).

Although the following information is directed mainly toward departments that use tapes for backup on servers, there are other agencies throughout the County using other forms of electronic data backup that will be identified by Information Technology Services. These agencies will need to follow the same general policy with a few minor adaptations as deemed acceptable by Information Technology Services. In these cases the term “tape” can be synonymous with floppy disks, Zip disks, Jaz disks, CD-Rs, CD-RWs and for the purposes of this policy will be referred to as backup media.

All servers in the Schuyler County network will either have a tape backup installed or have the capability to be backed up over the network. Tape backups will be performed daily (weekdays) at minimum and conform to a schedule of tape rotation as directed by Information Technology Services unless directed otherwise by State or Federal mandate.

All backup media will be labeled by department and given a unique identifying number. Normally tape backup software will assign a number to the tape. A log of these numbers and the media usage will be kept.

When backup media are being stored on-site, they will be kept in a secure location, preferably a safe or fire safe. Note that this will not necessarily protect the backup media during a disastrous fire. Most safes and fire safes are designed to protect paper documents and other object from extreme temperatures. The heat encountered during a fire surrounding a safe or fire safe would still render a tape and most other backup media useless. If a safe or fire safe is not available, the media will be stored in a locked cabinet in a temperature and humidity controlled environment as far away as possible from the server.

All backup media will be handled with great care in that they can be damaged by being dropped.

All backup media are to be treated as confidential in their use, storage, and eventual destruction. Backup media that has reached its end of life will be erased if possible, and then completely destroyed. Media that has been used for backup purposed will be labeled as such and never used for other purposes (ie. Reusing a zip disk). If there is any question on how these media should be destroyed, they can be turned over to Information Technology Services for destruction.

All departments with tape drives located on servers will make a full backup of the entire server every Friday. If there is a problem with scheduling an automatic backup on a holiday, the department should consult with Information Technology Services to assist them.

Every Monday (or first day of the work week), a representative of Information Technology Services or Records Management will visit those departments that have backup media, and take possession of the backup media created one week previous to the last full backup of that server. The media will be placed in a locked “bank courier bag” and the key kept at its respective department. That representative will then relocate the backup media to an off-site storage location in a safe deposit box located at a bank. The representative will then bring back the previous backup media that has been stored off-site to its respective department. This type of tape rotation allows the department to use their last backup if needed during the week, and would incur a maximum possible liability of two weeks of lost data if a major disaster occurred. The exception at this time to this portion of the policy is the Sheriff’s Department and the Highway Department due to the fact that they have already established an off-site backup policy.

If a department needs access to the backup media, which is located in the off-site storage, one of the representatives above will be contacted to retrieve it.

Departments will be given a list of authorized representatives that are allowed to take possession of backup media. Information Technology Services and Records Management, with the consent of the Computer Coordination Committee, will choose these representatives. The list will be distributed through the Legislative office.

Unacceptable Practices

Under no circumstances will an employee of Schuyler County other than the above named representatives, be allowed to take backup media off-site from any County agency.

Backup media will not be stored next to or on top of the servers that they are designed to protect.

If backup media is dropped, Information Technology Services will be contacted to ascertain the condition before use.

If a backup media appears to cause errors that are not attributable to the backup device (head cleaning on tape drives, etc.), then use of that particular backup media shall be immediately discontinued. If this is not done the backup device could be damaged. Do not rely on the error correction capabilities of a tape drive to compensate for bad backup media.

Enforcement

This policy is intended to be illustrative of the range of acceptable and unacceptable practices and is not necessarily exhaustive. Questions about specific procedures and security issues not enumerated in this policy should be directed to Information Technology Services.

VOTE: Passed 7-0.

RESOLUTION NO. 314 Motion by Karius, Second by Bingell.

RE: AUTHORIZATION TO CREATE, ADVERTISE AND FILL ONE PART-TIME MEAL DELIVERER POSITION – 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 one part-time Meal Deliverer position subject to approval by the Personnel Department at $9.52 an hour, and

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

VOTE: Passed 7-0.

RESOLUTION NO. 315 Motion by Young, Second by Bingell.

RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 2002 TO ESTABLISH AN EMPIRE ZONE IN CERTAIN ADDITIONAL 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 County of Schuyler has heretofore adopted Local Laws establishing an Empire Zone within said county in accordance with Article 18-B of the General Municipal Law, Local Law No. 12 of 2000 and Local Law No. 1 of 2001, and

WHEREAS, the county has an opportunity to establish another Empire Zone, and

WHEREAS, it is in the best interest of the county and participating municipalities to seek another Empire Zone.

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4 of the year 2002 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and

BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on August 27, 2002 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 4 OF THE YEAR 2002

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: The Chairman of the County Legislature is hereby authorized to sign all documents necessary to complete such application.

Section 4: Pursuant to the requirements of the aforesaid statute and in conformity with Schuyler County Local Law No. 12 of 2000 and Local Law No. 1 of 2001, the existing local Empire Zone Administrative Board shall perform all the duties set forth in Article 18-B of the General Municipal Law and the Local Laws above cited with regard to such additional empire zone(s) as may be established hereafter, to include:

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.

VOTE: Passed 7-0.

RESOLUTION NO. 316 Motion by Young, Second by Bingell.

RE: AUTHORIZE APPLICATION FOR 2002 FEDERAL S.T.O.P. VIOLENCE AGAINST WOMEN GRANT THROUGH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES - DISTRICT ATTORNEY

WHEREAS, $6,859,950 in federal S.T.O.P. Violence Against Women grant funding has been made available by the NYS Division of Criminal Justice Services (see attached RFP) for a multitude of federal and state purpose areas and certain of the monies are specifically designated for District Attorney’s Offices, and

WHEREAS, Federal S.T.O.P. Violence Against Women grant funding has been available to Schuyler County in the past but has never been applied for; said grant requires a 25% local match that may be made in kind including current budgetary line items such as salaries, computers, office space and supplies, and

WHEREAS, Federal, State and Local Officials are determined to ensure proper training, outreach, system improvements and collaborative efforts to respond to and prevent violence against women, and the Schuyler County District Attorney’s Office is a pivotal agency with respect to each of these needs.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney to submit an application for FFY 2002 S.T.O.P. Violence Against Women Act grant funding for the purpose of preventing domestic violence in Schuyler County. This Resolution presumes that the monies shall be used to fully equip, train and inform the District Attorney’s Office with respect to the needs of and potential solutions for victims of domestic violence, and that restructuring of personnel duties shall be required to meet the goal of this application. In no event, however, shall this resolution be construed to obligate this body to spend additional sums should the grant application be denied or funding discontinued in the future, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to apply for said funds and sign any necessary documents for the application, including but not limited to memoranda of understanding with existing governmental and not-for-profit service organizations; said documents subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 317 Motion by Young, Second by Bingell.

RE: AUTHORIZE APPOINTMENT – WORKFORCE DEVELOPMENT BOARD

BE IT RESOLVED, that this Legislature approve the appointment of Jeff Greuber to replace Paul Titus to the Workforce Development Board for Schuyler County for the term July 1, 2002 – July 1, 2005.

VOTE: Passed 7-0.

RESOLUTION NO. 318 Motion by Young, Second by Bingell.

RE: AMEND 2002 COUNTY BUDGET – COUNTY ROAD FUND

WHEREAS, the estimates for the CR-16, CR-23A, and CR-27 Bridge Projects have all changed and the total cost for the three projects combined have increased, and

WHEREAS, the increased costs will be covered by additional reimbursement from State Marchiselli Funds and Federal Aid for eligible bridges.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to make the following adjustments to the County Road Fund accounts:

ACCOUNT NO. DESCRIPTION AMOUNT

D5020.400 Engineering-Contractual Expense + $210,937.00

D5120.307 County Road 23A Bridge - $ 55,000.00

D5120.342 County Road 16 Bridge + $ 56,433.00

D5120.570 County Road 27 Bridge - $ 9,778.00

Total Adjustment Appropriations + $202,592.00

D3589 State Aid-Other Transportation (Marchiselli) + $ 30,389.00

D4597 Federal Aid-Other Transportation-Cap. Project + $172,203.00

Total Adjustment Revenues + $202,592.00

VOTE: Passed 7-0.

RESOLUTION NO. 319 Motion by Bingell, Second by Larison.

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

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

VOTE: Passed 7-0.

RESOLUTION NO. 320 Motion by Bingell, Second by Larison.

RE: AUTHORIZE SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES FOR CR-23A BRIDGE REPLACEMENT - HIGHWAY

WHEREAS, the replacement of PIN 6752.93, BIN 3359580, CR 23A over Tobehanna Creek is a Federal-aid eligible project, and

WHEREAS, a supplemental agreement is necessary for Construction Inspection Services, necessary, but not assumed in the original agreement., and

WHEREAS, Hunt Engineers have been retained for Construction Inspection Services for the replacement of this bridge.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to this supplemental agreement not to exceed $44,000.00, funding available in the 2002 budget account no. 5020.400, contract subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

MOTION by Larison, to go into Executive Session to discuss work history of a particular employee, SECOND by Marvel. Motion carried seven ayes to zero noes.

MOTION by Larison, to come out of Executive Session, SECOND by Karius. Motion carried seven ayes to zero noes.

NEW BUSINESS: None.

UNFINISHED BUSINESS: None.

REPORT ON STANDING COMMITTEES:

Legislator Bleiler reported on the Human Services Committee. The Families First program is not ready to move forward yet. He has tentatively scheduled a report from the Families First Committee for the September Committee meeting.

Legislator Larison reported on the Public Safety/Criminal Justice Committee. He discussed the recent complaints about loud powerboats on Seneca Lake. They can enforce the decimal laws on the lake and our Deputy Sheriffs are now trained to do this. If they see a suspicious boat, they pull them over and investigate the situation. These laws will be enforced.

Legislator Bingell reported on the Public Works Committee. She reported that thanks to our Information Technology Department the Highway Department is up and running again after a lightening strike incident.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 7:28 p.m.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

SPECIAL MEETING

AUGUST 27, 2002

The August 27, 2002 Special 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 except Legislator Bleiler who was excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

PUBLIC HEARING AT 6:30 P.M. ON LOCAL LAW INTRO. NO. 3 OF THE YEAR 2002 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 69, LAWS OF 2002 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER: None.

RE: AMEND CONTRACT WITH FLACRA AND AMEND 2002 BUDGET – MENTAL HEALTH – RESCINDED BY RESOLUTION NO. 394-02

WHEREAS, the Office of Alcoholism and Substance Abuse Services has approved additional funding for Finger Lakes Addictions and Counseling Agency (FLACRA) 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 2002 agreement with Finger Lakes Addictions and Counseling Agency (FLACRA), subject to approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2002 County budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$27,716 4332-3490 State Aid +$27,716 4322.336 Expenditure

VOTE: Passed 7-0.

RESOLUTION NO. 333 Motion by Hastings, Second by Young.

RE: AUTHORIZE BUDGET AMENDMENT – YOUTH BUREAU

WHEREAS, the Schuyler County Youth Bureau has been awarded additional funding by the Office of Children and Family Services.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2002 Youth Bureau budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$ 228.00 7310.100 Personal Services

+$1,196.00 7310.562 Runaway & Homeless

+$1,304.00 7310.495 Youth Program

+$2,728.00 7310-3820 State Aid–Youth Programs

VOTE: Passed 7-0.

RESOLUTION NO. 334 Motion by Bleiler, Second by Young.

RE: AMEND 2002 BUDGET – SERVICES FOR RECIPIENTS

WHEREAS, the Department of Social Services has increased expenditures for child protective and preventive services, and

WHEREAS, Federal Title XX funds reimburse these expenditures at 100% until the county exhausts its allocation, then state funds reimburse 65% of the balance.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services 2002 Budget shall be amended as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+ $10,000 6070.572 Protective & Preventive Services (BICS)

- $10,000 6119.400 Child Care (Foster Care and Adoption Subsidies)

VOTE: Passed 7-0.

RESOLUTION NO. 335 Motion by Bleiler, Second by Young.

RE: AUTHORIZATION TO AMEND AGREEMENT WITH CATHOLIC CHARITIES’ FIRST STEP, YOUTH CENTER AND SCHUYLER OUTREACH – SOCIAL SERVICES

WHEREAS, the Schuyler County Department of Social Services has an agreement with Catholic Charities’ First Step, Youth Center and Schuyler Outreach (Food Pantry) to provide continued services as specified in the TANF Services Plan, and

WHEREAS, the Department of Social Services was advised that the TANF Services Plan could be extended until June 30, 2003 with the availability of additional monies undetermined at this time.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an amended agreement with Catholic Charities’ First Step in an amount not to exceed $5,788; Schuyler Youth Center in an amount not to exceed $2,000; and Schuyler Outreach (Food Pantry) in an amount not to exceed $2,000 for the period July 1, 2002 through June 30, 2003 funding available in the 2002 Social Services budget account no. 6010.552; subject to approval by the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 336 Motion by Bleiler, Second by Young.

RE: AUTHORIZE TRANSFER OF FUNDS – UNALLOCATED INSURANCE

WHEREAS, the projected increase in cost for the county’s property/casualty insurance was greater than anticipated, and

WHEREAS, the Unallocated Insurance account is overdrawn, even after billing all of the county departments.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following account transfers:

AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO.

$2,165 1990.500 – Contingency 1910.319 – Pollution Insurance

$7,724 1990.500 – Contingency 1910.423 – SMP

VOTE: Passed 7-0.

RESOLUTION NO. 337 Motion by Bingell, Second by Larison.

RE: AMEND SCHUYLER COUNTY POLICIES AND PROCEDURES MANUAL - ESTABLISH FEE FOR REPLACEMENT OF PHOTO ID CARDS AND REIMBURSEMENT OF FEE FOR SAME - CIVIL SERVICE PERSONNEL

WHEREAS, Schuyler County requires all employees to have a photo ID card and the current policy needs revision.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the following policy for the provision of photo ID cards to county employees, to become part of the Schuyler County Policies and Procedures:

1. The Schuyler County Deputy Sheriff’s Association will provide photo ID cards to county employees and directly bill each Department for all photo IDs processed, as ordered by each Department through the Personnel Office, on a quarterly basis.

2. The photo ID cards are to be paid for by the respective Departments.

3. In instances where employees request replacement cards for such reasons as name change, deletion of social security numbers from old cards, departmental change, etc., the replacement cards will be paid for by the County Department in which the employee is working at the time of the request.

4. ID cards that need to be replaced due to negligence of the employee, ex: loss of card, mutilation of card, etc. will be paid by the employee to the Department in which they are currently employed, and

BE IT FURTHER RESOLVED, that this Resolution supersedes any previous resolutions regarding this policy.

VOTE: Passed 7-0.

RESOLUTION NO. 338 Motion by Bingell, Second by Larison.

RE: AUTHORIZE CONTRACT WITH ENERGETIX CORPORATION FOR DRUG/ALCOHOL TESTING – CIVIL SERVICE/PERSONNEL

WHEREAS, the Schuyler County Legislature adopted the Schuyler County Drug and Alcohol Testing policy by Resolution 90 on March 11, 1996.

WHEREAS, per said policy it is necessary to perform Drug and Alcohol testing for employees that are holders of Commercial Drivers Licenses.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Energetix Corporation for the Civil Service Personnel Department for consulting services of Testing Process Management of mandated employee Drug and Alcohol Testing for the term of August 1, 2002 to July 31, 2003, in the amount of $$39.90 per test for drug and $25.00 per test for alcohol; funding available in the 2002 Civil Service/Personnel Department budget account no. 1430.0429, subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

WITHDRAWN

RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR EQUIPMENT PERTAINING TO RADIO TOWERS – EMERGENCY MANAGEMENT

WHEREAS, the Public Safety/Criminal Justice Committee recommends solicitation of bids to purchase equipment for three radio towers for Schuyler County at an estimated cost of $1.7 million with the intent to bond for said projects.

NOW, THEREFORE, BE IT RESOLVED, that the Coordinator of Emergency Management be hereby authorized to advertise for bids to purchase equipment for three radio towers in Schuyler County, and

BE IT FURTHER RESOLVED, the Clerk of the Legislature, 105 Ninth Street, Unit 6, Watkins Glen, NY 14891 will receive bids. The Public Safety/Criminal Justice 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.

DISCUSSION: Legislator Hastings stated for the record that the Legislature is not responsible for the removal of this Resolution. She does not want the firemen to hold us responsible.

RESOLUTION NO. 339 Motion by Bingell, Second by Larison.

RE: AUTHORIZE CONTRACT RENEWAL WITH BOUILLE ELECTRIC, INC. FOR MAINTENANCE OF UNINTERRUPTED POWER SUPPLY (UPS)- EMERGENCY MANAGEMENT

WHEREAS, the Office of Emergency Management wishes to renew its agreement with Bouille Electric, Inc. for the Communications Center to keep the emergency radio communications system functional, and

WHEREAS, the term of the agreement has changed.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a maintenance contract with Bouille Electric to provide maintenance and service for the UPS for a term of September 1, 2002 to August 31, 2003 at a cost of $4,596.00 to be paid from account no. 3689.426; agreement subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 340 Motion by Karius, Second by Larison.

RE: AUTHORIZE STOP DWI PLAN FOR 2003 – SHERIFF’S DEPARTMENT

WHEREAS, the County of Schuyler is participating in the New York State STOP-D.W.I. Program, and

WHEREAS, participation in said program is totally reimbursed by the State of New York.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby adopts and approves the 2003 STOP-D.W.I. Program, and

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

VOTE: Passed 7-0.

RESOLUTION NO. 341 Motion by Karius, Second by Larison.

RE: AUTHORIZATION FOR THE COUNTY OF SCHUYLER TO APPLY FOR A JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) – PROBATION

WHEREAS, Schuyler County previously applied for and received approval to apply for the Juvenile Accountability Incentive Block Grant (JAIBG) and the County has again been advised it is eligible for $11,438 in funding under the 2002 funding stream for use in 2003 and 2004, and

WHEREAS, the use of the funds and proposed Plan have been discussed with the Public Safety/Criminal Justice Committee, and the recommendation of that Committee is to again apply for and accept the grant funds.

NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler apply for and accept the funding for the Juvenile Accountability Incentive Block Grant (JAIBG), and that the Chairman of the Schuyler County Legislature be authorized to sign any and all documents relative to said Plan and submit it to the New York State Division of Criminal Justice Services; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 342 Motion by Karius, Second by Larison.

RE: AUTHORIZE APPLICATION AND CONTRACT FOR 2002-2003 NEW YORK STATE AID TO PROSECUTION GRANT – DISTRICT ATTORNEY

WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services for the purpose of assisting the Schuyler County District Attorney’s Office in prosecuting felony offenses.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2002-2003 NYS Aid to Prosecution grant, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $50,000; said documents subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 343 Motion by Bingell, Second by Young.

RE: ACCEPT/REJECT BIDS FOR THE PURCHASE OF A 2002 LOWBED EQUIPMENT TRAILER

WHEREAS, the Highway Superintendent and the Public Works Committee directed the Legislative Clerk to advertise for bids for the purchase of a 2002 low-bed equipment trailer, and

WHEREAS, bids were opened August 15, 2002 and reviewed with the recommendation being made by the Highway Superintendent to accept the lowest responsible bid from Five Star Equipment Company.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the bid from Five Star Equipment Company for the purchase of a 2002 Equipment Trailer for the low bid price of $ 35,740.00, funding available in the 2002 budget, account no. 5130.299, and

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

DISCUSSION: Legislator Young asked if this piece of equipment would be shared with the towns. Legislator Bingell said any county equipment may be shared. Attorney Coleman reminded the legislators of the intermunicipal agreements with the towns, which allows for sharing of equipment.

VOTE: Passed 7-0.

RESOLUTION NO. 344 Motion by Bingell, Second by Young.

RE: AMEND AGREEMENTS WITH SHARED FUEL FACILITY USERS – HIGHWAY

WHEREAS, the Highway Superintendent and the Public Works Committee have agreed that a Certificate of Liability Insurance be required by all users of the Shared Fuel Facility, and

WHEREAS, the purpose of this requirement is that the county not bear sole liability in consequence of owning this site, and

WHEREAS, all Certificates of Liability Insurance coverage shall be received and reviewed by Schuyler County annually and each Party shall name Schuyler County as the certificate holder with respect to the Facility.

NOW, THEREFORE, BE IT RESOLVED, that the agreement for all users of the Shared Fuel Facility be amended to include an amendment requiring an annual Certificate of Liability Insurance be submitted, and

BE IT FURTHER RESOLVED, that failure to comply with this amendment, may result in termination for cause, to all users of the Shared Fuel Facility who do not remit a Certificate of Liability Insurance on an annual basis; subject to approval by the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 345 Motion by Bingell, Second by Young.

RE: AUTHORIZE AGREEMENT WITH EXTRADEV, INC. FOR COMPUTER-RELATED SERVICES – INFORMATION TECHNOLOGY

WHEREAS, the Information Technology Services Department has recommended the services of ExtraDev, Inc. to provide computer and network assistance if Information Technology staff is unavailable or needs additional assistance, and

WHEREAS, funding for this agreement has been budgeted in the 2002 Information Technology budget, account no. 1680.435.

NOW, THEREFORE, BE IT RESOLVED that the Chairman of the Legislature is hereby authorized to execute an agreement with ExtraDev, Inc., effective immediately through December 31, 2003, at a cost not to exceed $3,000, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 346 Motion by Hastings, Second by Larison.

RE: AUTHORIZE AGREEMENT WITH HSBC BANK USA FOR SAFETY DEPOSIT BOX – INFORMATION TECHNOLOGY

WHEREAS, there is a need for off-site storage of information processing backup media in accordance with a Policy for Electronic Data Backup and Storage adopted by Resolution No. 313-02, and

WHEREAS, this storage capability is available as a safety deposit box at HSBC Bank located at Franklin and Eighth Streets in Watkins Glen.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute an agreement with HSBC Bank USA for a safety deposit box, effective immediately through September 30, 2003, at a cost not to exceed $95.00, to be paid from account no. 1680.408, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 347 Motion by Hastings, Second by Larison.

RE: AUTHORIZE APPOINTMENT – GEOGRAPHIC INFORMATION SYSTEMS (GIS) COMMITTEE

BE IT RESOLVED, that Kathy Walruth be hereby appointed to the GIS Committee effective immediately with no ending term.

VOTE: Passed 7-0.

RESOLUTION NO. 348 Motion by Hastings, Second by Larison.

RE: AUTHORIZE LETTER IN SUPPORT OF NYSAC’S AND NYSACHO’S PROPOSAL FOR EARLY INTERVENTION REFORM

WHEREAS, through state mandate, counties are required to finance and administer early intervention services to certain children ages 0-2, and

WHEREAS, an effort is currently being directed to the Governor’s Office by certain representatives of early intervention provider agencies representing mostly New York City based providers, to drastically modify the early intervention program, and

WHEREAS, this new proposal would be a provider-driven approach and suggests that provider should determine when, and how much services are needed, versus the current program which focuses on direct clinical intervention including consultation with the family, and

WHEREAS, the new proposal would also be a cost based system which would include capital costs, focusing on provider “health” rather than the families’ “health”, and

WHEREAS, the New York State Association of Counties (NYSAC), in conjunction with the New York State Association of County Health Officials (NYSACHO), has submitted its own set of reforms which address provider accountability, rate structure, financial responsibility and eligible services to be provided.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes its Chairman to write to the Governor’s Office to support the position of NYSAC and NYSACHO regarding Early Intervention Reform, which asks that every effort be made to more equitably distribute the financial responsibility of this statewide program in order to reduce the current disproportionate burden on local tax dollars.

DISCUSSION: Legislator Bleiler asked for more information. Legislator Hastings explained that the New York State Association of Counties (NYSAC) is fighting the costs of the Early Intervention Program on behalf of the counties. The Clerk of the Legislature added that this Resolution came directly from NYSAC. Legislator Hastings said she is sponsoring it as Chairman of the Health Services Committee. The Clerk and the Director of Community Services/Public Health brought it to her attention. Marcia Kasprzyk, Deputy Director of Public Health, explained that the Early Intervention Program is mandated, and the county is allowed to try to receive reimbursement. A good share of it is Medicaid and a good share is county dollars. This Resolution is asking to change the law to give more say in prescribing the services these children need to keep the costs down.

VOTE: Passed 7-0.

RESOLUTION NO. 349 Motion by Hastings, Second by Bingell.

RE: DECLARE READER/PRINTER SURPLUS – RECORDS MANAGEMENT

WHEREAS, the Records Management Department has one (1) surplus Reader/Printer, and

WHEREAS, the Town of Montour has expressed interest in this Reader/Printer.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, pursuant to County Law Section 215, hereby authorizes the Records Management Department to transfer to the Town of Montour one (1) surplus Minolta Reader Printer (S/N 614110).

VOTE: Passed 7-0.

RESOLUTION NO. 350 Motion by Hastings, Second by Bingell.

RE: AMEND RESOLUTION NO. 257-02 – ACCEPT GRANT FUNDS FOR EQUIPMENT PURCHASES - HIGHWAY

WHEREAS, Resolution No. 257-02 accepted grant funds in the amount of $62,000 and authorized the Highway Superintendent to advertise for bids to purchase a low-bed equipment trailer and a portable seed/mulch machine, and

WHEREAS, the Highway Superintendent set specifications and accepted bids for a low-bed trailer and the bid came in lower than expected, leaving an unanticipated balance, and

WHEREAS, the Highway Superintendent wishes to purchase two additional seed/mulch machines and a salt spreader with the additional funds, and this request has been approved by the state, and

WHEREAS, Resolution No. 257-02 needs to be amended to reflect this change.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 257-02 be amended to read as follows, with changes in bold:

“WHEREAS, the Highway Department has applied for and received notice that funds have been allocated to the Schuyler County Highway Department in the amount of $62,000 for the purchase of equipment, and

WHEREAS, to avoid delay in accessing the funds, appropriate account(s) need to be established for said funds.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to amend the 2002 Machinery budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+ $35,740 5130.299 Low-bed Equipment Trailer

+ $17,460 5130.256 (3) Portable Seed/Mulch machines

+ $8,800 5130.262 Salt Spreader

+$62,000 5130-3589 State Aid, and

BE IT FURTHER RESOLVED, that the County Highway Superintendent be authorized to set specifications and to advertise for bids for a low-bed equipment trailer, three portable seed/mulch machines, and/or utilize State Bid Contract Vendors.”

VOTE: Passed 7-0.

RESOLUTION NO. 351 Motion by Hastings, Second by Bingell.

RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY DEPUTY SHERIFF’S ASSOCIATION

WHEREAS, representatives of the County have engaged in Collective Bargaining with the Schuyler County Deputy Sheriff’s Association for employees in the Schuyler County Sheriff’s Department, and

WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years 2003 through 2007 was reached with respect to employees in the Schuyler County Sheriff’s Department, and

WHEREAS, the President of the Deputy Sheriff’s Association has verbally confirmed on September 9, 2002 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 Deputy Sheriff’s Association, and

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

VOTE: Passed 7-0.

RESOLUTION NO. 352 Motion by Bingell, Second by Larison.

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

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

VOTE: Passed 7-0.

RESOLUTION NO. 353 Motion by Bingell, Second by Larison.

RE: AUTHORIZATION TO FILL THE SUPPORTIVE CASE MANAGER POSITION – MENTAL HEALTH

WHEREAS, the Schuyler County Mental Health Clinic has a vacant Supportive Case Manager position, which has not been filled in over 90 days.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services/Public Health to fill the Supportive Case Manager position, Grade 26, $16.56 per hour, in the Mental Health Department, effective immediately; funding is available in the year 2002 budget.

VOTE: Passed 7-0.

RESOLUTION NO. 354 Motion by Bingell, Second by Larison.

RE: AUTHORIZE HIRING OF CRIMINAL LAW INTERN – DISTRICT ATTORNEY

WHEREAS, the District Attorney’s Office is desperately in need of additional legal services due to the current caseload, and

WHEREAS, Cornell University has Criminal Law interns available which can handle all legal duties of the District Attorney’s office with the exception of trials, and

WHEREAS, the cost for the intern could range from no charge up to $2,500 depending on which specific program is available.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the District Attorney to hire a Criminal Law intern from Cornell University for a period of three months at a cost not to exceed $2,500, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer money from Contingency account no. 1990.500 to District Attorney account no. 1165.435 as needed for said intern, but not to exceed $2,500.

VOTE: Passed 7-0.

RESOLUTION NO. 355 Motion by Bingell, Second by Larison.

RE: AUTHORIZE CONTRACT FOR SECRETARIAL SERVICES – DISTRICT ATTORNEY

WHEREAS, the District Attorney’s office is in desperate need of additional secretarial services due to the current caseload, and

WHEREAS, the District Attorney shall retain the services of a competent individual to provide secretarial services for three months on a contractual basis at a cost of $8.50 per hour.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract for secretarial services to the District Attorney’s Office for the period October 1, 2002 through December 31, 2002 at a cost of $8.50 per hour for a total of $816; subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $816 from Contingency account no. 1990.500 to District Attorney account no. 1165.435.

VOTE: Passed 7-0.

RESOLUTION NO. 356 Motion by Bingell, Second by Larison.

RE: AUTHORIZE CONTRACTUAL AGREEMENTS FOR CONTINUING POLICE EDUCATION – SCHUYLER COUNTY SHERIFF’S DEPARTMENT/CORNING COMMUNITY COLLEGE

WHEREAS, the Schuyler County Sheriff’s Department and other Southern Tier law enforcement agencies have continuous in-service police training requirements, and

WHEREAS, Corning Community College will supply the site and administrative support therefor under a reciprocal chargeback agreement with no cost to the County of Schuyler, and

WHEREAS, it is in the best interests of the County and Sheriff’s Department to enter into such agreements as may be necessary to satisfy the course requirements for various criminal justice/police science topics wherein the Schuyler County Sheriff’s Department shall be the lead agency, coordinator and provider of instructors, together with other law enforcement agencies, while Corning Community College provides facilities, evaluation, and college credit.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman be, and hereby is, authorized to sign a series of continuing education agreements, as described above, upon the request of the Schuyler County Sheriff and the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

NEW BUSINESS: None.

UNFINISHED BUSINESS: None.

REPORT ON STANDING COMMITTEES:

Legislator Hastings reported on the Health Services Committee. She reported that the State visited both the Public Health and Home Health Departments. They are doing well.

Legislator Bleiler reported on the Human Services Committee. The applications for the Office for the Aging Director deadline is around the corner. He also reported that the Youth Bureau organized and provided employment for a lot of youth at the Watkins Glen International races this summer.

PUBLIC PARTICIPATION: None.

MOTION by Legislator Larison to go into executive session to discuss work history of particular employees, SECOND by Legislator Bingell. Motion carried seven ayes to zero noes.

MOTION by Legislator Bingell to come out of executive session, SECOND by Legislator Larison. Motion carried seven ayes to zero noes.

MOTION by Legislator Larison, SECOND by Legislator Young to take the following action:

1. Concur with the recommendation of the Appeals Committee and adjust the Legislative Clerk’s performance appraisal rating accordingly (specific details on file in the Personnel Office).

2. Adjust one performance appraisal rating for, and forward written performance provisions to, the Commissioner of Social Services (specific details on file in the Personnel Office).

3. Adjust performance appraisal ratings for, and forward written performance provisions to, the Coordinator of Information Technology Services (specific details on file in the Personnel Office).4. Forward request to the Governmental Operations Committee asking them to review the Grade Level appeal from the Coordinator of Information Technology Services.

5. Forward request to the Management and Finance Committee asking them to review the performance appraisal procedure set forth in the Management/ Confidential Salary Plan.

Motion carried seven ayes to zero noes.

The Meeting adjourned at 7:35 p.m.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO.

$6,750 4310.100-4319 4310.435-4319

$3,250 4310.534-4319 4310.435-4319

$10,000 TOTAL

VOTE: Passed 7-0.

RESOLUTION NO. 366 Motion by Bingell, Second by Young.

RE: AMEND 2002 CONTRACT WITH HEALTH CARE COMPLIANCE ENTERPRISE – MENTAL HEALTH

WHEREAS, the work needed to complete a comprehensive compliance program for the Mental Health Department has required more work than anticipated, and

WHEREAS, the contract with Health Care Compliance Enterprise needs to be increased by $1,675 in order to continue services with Health Care Compliance through December 31, 2002.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an amendment to the contract with Health Care Compliance for an additional $1,675, funds being available in the 2002 Budget, account no. 4310.435-Professional Fees and Services, to complete the compliance program for 2002; subject to the approve of the Schuyler County Attorney.

DISCUSSION: Legislator Young asked for an explanation of the services to be provided and the costs involved. George Roets, Director of Community Services/Public Health, said this is a part of the legal requirements of running a health program. They want to be assured they are meeting all federal and state requirements to receive reimbursements. Health Care Compliance is asking for less money this year and in 2003 there will be renewals of licensing and it will cost less.

VOTE: Passed 7-0.

RESOLUTION NO. 367 Motion by Young, Second by Bingell.

RE: AUTHORIZATION TO FILL COORDINATOR OF FISCAL OPERATIONS AND BUDGETARY PLANNING POSITION – COMMUNITY SERVICES AND PUBLIC HEALTH

WHEREAS, the Schuyler County Community Services and Public Health Departments have a vacant Coordinator of Fiscal Operations and Budgetary Planning position, which has not been filled in over 90 days.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services Public Health to fill the position of Coordinator of Fiscal Operations and Budgetary Planning, Grade H in the Management/Confidential Salary Plan, with a salary range of $37,525 - $45,147, in the Community Services and Public Health Departments, effective immediately; funding is available in the year 2002 budget.

VOTE: Passed 7-0.

RESOLUTION NO. 368 Motion by Young, Second by Bingell.

RE: AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER HEAD START - PUBLIC HEALTH

WHEREAS, Schuyler County provides services to the Schuyler Head Start Program, and

WHEREAS, Schuyler Head Start reimburses the Public Health Department for these services in the amount of $3,000, and

WHEREAS, the term of the contract will be changing from September 1 through June 30 to July 1 through June 30 each year.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract renewal with Schuyler Head Start from July 1, 2002 through June 30, 2003 for skill nursing/consultant services, to be renewed annually on the calendar year; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 369 Motion by Young, Second by Bingell.

RE: AUTHORIZE OUT OF STATE TRAVEL FOR KATHRYN TUNISON – MENTAL HEALTH

WHEREAS, an employee has submitted a request to attend a conference out of state, as part of the preceptorial agreement with Marywood University in Scranton, Pennsylvania, in both September and October, and

WHEREAS, the employee is requesting reimbursement for the cost of travel and food only.

WHEREAS, it is desirous to approve this employee’s attendance at the conferences.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the reimbursement of the travel expenses totaling $159.40 for Kathryn Tunison to attend the Field Instructor Training Conferences being held in Scranton, Pennsylvania, on September 4^th and October 23^rd, 2002. It is understood there will be no additional cost to the County for the expense of these trips.

VOTE: Passed 7-0.

RESOLUTION NO. 370 Motion by Bingell, Second by Bleiler.

RE: DECLARE NOVEMBER AS AMERICAN DIABETES AWARENESS MONTH IN SCHUYLER COUNTY – PUBLIC HEALTH

WHEREAS, there are 17 million people with diabetes in the United States, which is 6.2% of the population, and

WHEREAS, there are 1 million new cases of diabetes diagnosed each year, and the undiagnosed population is 5.9 million people, and

WHEREAS, the direct medical costs per year for diabetes are estimated at 44 billion dollars, the indirect costs (disability, work loss, etc.) are estimated at 54 billion dollars, making a total of 98 billion dollars per year, and

WHEREAS, there has been an enormous increase of Type II diabetes in this country over the last few years, and

WHEREAS, Type II Diabetes is a preventable disease in children, and

WHEREAS, one in every 400–500 adolescents has Type I diabetes.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby proclaims November as American Diabetes Awareness Month in Schuyler County.

VOTE: Passed 7-0.

RESOLUTION NO. 371 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZE CERTIFICATION OF COST ALLOCATION PLAN

BE IT RESOLVED, that the Schuyler County Legislature hereby accept the 2001 Cost Allocation Plan prepared by DMG Maximus for Schuyler County Department of Social Services claiming of county-wide administrative costs and maintenance in lieu of rent in 2001, and

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

VOTE: Passed 7-0.

RESOLUTION NO. 372 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZE TRANSFER OF FUNDS FOR PERMANENT IMPROVEMENTS – HIGHWAY

WHEREAS, the CHIPS funds that are appropriated for Schuyler County need to be expended in 2002, and

WHEREAS, the Burdett Pedestrian Bridge was a project included in the 2002 budget to use the CHIPS funds, however because of Historical restraints, the bridge is in need of redesigning, and

WHEREAS, only 80% of the design portion of this project will be completed in 2002, at a cost of $31,000.00, leaving an excess amount of funds in CHIPS reimbursement that needs to be expended in 2002, and

WHEREAS, there is a need to resurface County Road 6 at a cost of $91,000.00 that was passed over because of lack of funding.

NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Treasurer be hereby authorized to transfer $31,000 from account no. 5120.306 to account no. 5020.400 for engineering of the Burdett Pedestrian Bridge, and

BE IT FURTHER RESOLVED, the Schuyler County Treasurer be hereby authorized to transfer $91,000.00 from account no. 5120.306-Bridges to account no. 5112.569-Permanent Improvements, for resurfacing of County Road 6.

VOTE: Passed 7-0.

RESOLUTION NO. 373 Motion by Bingell, Second by Marvel.

RE: ACCEPT/REJECT BIDS FOR THE PURCHASE OF THREE POWER MULCHING MACHINES – HIGHWAY

WHEREAS, the Highway Superintendent and the Public Works Committee directed the Legislative Clerk to advertise for bids for the purchase of three (3) new 2002 power mulching machines, and

WHEREAS, bids were opened September 26, 2002 and reviewed with the recommendation being made by the Highway Superintendent to accept the lowest responsible bid from Merritt Seed Company.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the bid from Merritt Seed Company for the purchase of Three (3) new 2002 Power Mulching Machines at the low bid price of $15,585.00, to include with this purchase five (5) additional flexible hoses at $ 1,750.00; funding available in the 2002 budget, account no. 5130.256, and

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

VOTE: Passed 7-0.

RESOLUTION NO. 374 Motion by Bingell, Second by Marvel.

RE: AMEND CLEANING CONTRACT WITH MENTAL HEALTH – BUILDINGS AND GROUNDS

WHEREAS, the Buildings and Grounds Department has a cleaning contract with Mental Health for the period of January 1, 2002 to December 31, 2002, and

WHEREAS, an additional area of 4,200 square feet has been built on to the Mill Creek Center, and

WHEREAS, the additional area has been cleaned by Buildings and Grounds from April 2002.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an amendment to the cleaning contract with Mental Health for the term January 1, 2002 through December 31, 2002 to include the additional 4,200 square feet; subject to the approval by the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 375 Motion by Bingell, Second by Marvel.

RE: AUTHORIZE MONITORING AGREEMENT WITH SENTRY ALARM/CPE COMMUNICATIONS FOR HIGHWAY AND RURAL URBAN CENTER – BUILDINGS AND GROUNDS

WHEREAS, Sentry Alarm/CPE Communications can provide the monitoring service needed for fire protection of county property, and

WHEREAS, Sentry Alarm/CPE Communications has quoted the best price for this service in the amount of $552.00 a year.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Sentry Alarm/CPE Communications for fire alarm monitoring for county buildings for the term January 1, 2003, through December 31, 2003, funding to be made available in the 2003 Buildings and Grounds budget account no. 1620.400; subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 376 Motion by Bingell, Second by Young.

RE: ACCEPT/REJECT REQUESTS FOR PROPOSALS FOR FIRE ALARM TESTING AND MAINTENANCE – BUILDINGS AND GROUNDS

WHEREAS, the Public Works Committee accepted Requests for Proposals for fire alarm testing/maintenance, and

WHEREAS, said requests were received on September 27, 2002, opened on September 30, 2002, with the recommendation by the Building Maintenance Supervisor to accept the lowest quote from Fire Alarm Service Technology, Inc. in the amount of $3,175.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Fire Alarm Service Technology, Inc. for fire alarm testing/maintenance, for the term January 1, 2003, through December 31, 2003, funding to be made available in the 2003 Buildings and Grounds budget account no. 1620.400, subject to approval of the Schuyler County Attorney, and

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

CPE Communications, Inc. $3,930

SimplexGrinnell $5,452

VOTE: Passed 7-0.

RESOLUTION NO. 377 Motion by Bingell, Second by Young.

RE: AUTHORIZE INTER-MUNICIPAL AGREEMENTS WITH ALL EIGHT TOWNS AND FOUR VILLAGES FOR 2003 SCOPED PAYMENTS

WHEREAS, the Legislature wishes to re-memorialize their commitments and understandings with regard to municipal financial support for SCOPED.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into Inter-municipal Agreements with the towns and villages, setting forth their financial commitment of such economic development activities for SCOPED for the year 2003; subject to the approval by the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 378 Motion by Bingell, Second by Young.

RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 2002 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2003

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5 of the year 2002 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and

BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on November 12, 2002 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 5 OF THE YEAR 2001

A Local Law Setting Salaries for Certain Public Officers for the Year 2003.

Be it enacted by the Legislature of the County of Schuyler as follows:

1. Effective within 45 days hereof, the following adjustments of salaries for the public officers listed below shall be in the amounts herein stated effective January 1, 2003.

2. The following public officers are subject to the provisions hereof:

County Attorney $46,168

Assistant County Attorney $61,539

Conf. Sec’y. to County Attorney $32,243

Personnel Officer $44,576

Deputy County Clerk $28,705

Assistant District Attorney $47,829

Conf. Sec’y. to District Attorney $29,400

Clerk to Legislature $39,276

Deputy Clerk to Legislature $32,104

Public Defender $42,105

Assistant Public Defender $22,632

Purchasing Agent $29,593

Real Property Tax Director $43,707

Commissioner of Social Services $53,058

Deputy County Treasurer $29,360

County Highway Superintendent $47,374

Deputy County Highway Supt. $42,183

Undersheriff $42,858

3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24.

VOTE: Passed 6-1. No: Hastings.

RESOLUTION NO. 379 Motion by Young, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS FOR ADVERTISING – CIVIL SERVICE/PERSONNEL

WHEREAS, the advertising line item in the Civil Service/Personnel budget is over-expended as of the September billings.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $7,300 from Contingency account no 1990.500 to Civil Service/Personnel account no. 1430.0402-Advertising.

VOTE: Passed 7-0.

RESOLUTION NO. 380 Motion by Young, Second by Bingell.

RE: AUTHORIZE BLUE CROSS BLUE SHIELD THREE-TIER PRESCRIPTION PLAN FOR EXEMPT EMPLOYEES

WHEREAS, Blue Cross Blue Shield of Central New York medical insurance carrier has provided a Three-Tier Medical Prescription Plan to help reduce medical insurance monthly premiums, and

WHEREAS, the Schuyler County Deputy Sheriffs Association has ratified this change in their new contract for the term January 1, 2003 through December 31, 2007, and

WHEREAS, it is a savings to the County to implement this plan and make this change.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the conversion of the employees in the Management/Confidential Salary Plan, elected officials, attorneys, physicians, and Retirees in any of these groups from the present Blue Cross Blue Shield of Central New York Two-Tier Prescription Plan to the Three-Tier Prescription plan, effective January 1, 2003.

DISCUSSION: Legislator Young said she has no prior information as to the cost to the county and impact to our employees. She asked if this issue could be deferred to a future time in order to discuss the details so we know exactly what we are getting into next year. Legislator Marvel explained that these resolution have been reviewed by both the Management and Finance Committee and Legislative Resolution Review Committee. The Clerk of the Legislature explained that Resolution Nos. 382 and 383 are strictly contract renewals, there are no rate changes. In Resolution No. 381 the first Plans listed represent a 20% increase, the second Plans listed represent a 16% increase. These increases affect the employees and the county because the employee pays a percentage of the premium. Resolution No. 380 is to have the exempt employees placed in the same Plan as the Deputy Sheriff’s Association. All exempt employees have been advised of this change. The Personnel Officer will be meeting with Blue Cross Blue Shield (BCBS) soon. Legislator Young feels if they pass these resolutions, they are locked in. The Clerk explained that the county only has 30 days from the expiration of the contract to negotiate a new rate. Doris Craig, Personnel Officer, said they need to proceed in order to have health insurance on board for January 1, 2003. They also have a commitment to the Deputy Sheriff’s Association. Legislator Young said everyone is facing higher health insurance costs. She hopes in the future they can start this process in the summer to get a larger number of people involved, to get reasonable rates and still give our employees good coverage. She feels the timing of this is bad. Doris Craig explained that the meeting she has to have with BCBS is to discuss materials to give employees, to explain the benefits and to make sure they give us the correct information. It is not a meeting to settle the plan. Legislator Bleiler added that it is his understanding that our experience rate is very good and as a result our cost would not go up, except for the prescription cost. He complimented the employees for using their health insurance wisely. The problem is with prescription drugs and the high rising cost of drugs. The resolution is to implement a three-tiered plan. This is to save both employees and the county money.

VOTE: Passed 7-0.

RESOLUTION NO. 381 Motion by Young, Second by Bingell.

RE: AUTHORIZE RATE RENEWAL WITH BLUE CROSS/BLUESHIELD OF CENTRAL NEW YORK FOR HEALTH INSURANCE FOR THE YEAR 2003

BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a premium rate renewal agreement with Blue Cross/Blue Shield of Central New York for health insurance coverage for county employee groups for the term of January 1, 2003 through December 31, 2003, with rates per month as follows, subject to the approval of the Schuyler County Attorney:

Schuyler County Plan(s) 1440500, 1440501, 1440502

Family $815.54 Mo. Individual $319.82 Mo.

Schuyler County Plan(s) 1440503, 1440504, 1440505

3 Tier Prescription Drug Plan

Family $793.56 Mo. Individual $ 311.20 Mo.

VOTE: Passed 7-0.

RESOLUTION NO. 382 Motion by Young, Second by Bingell.

RE: AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR 2003

BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a premium rate renewal agreement with GHI for dental insurance coverage for county employee groups for the term of January 1, 2003 through December 31, 2003, with rates per month as follows, subject to the approval of the Schuyler County Attorney:

Schuyler County Dental Plan DT 4790

Family $56.03 Mo. Individual $16.01 Mo.

(No Increase) (No Increase)

VOTE: Passed 7-0.

RESOLUTION NO. 383 Motion by Young, Second by Bingell.

RE: AUTHORIZE ADMINISTRATION FEE RATE RENEWAL WITH EXCELLUS BENEFIT SERVICES, INC. FOR SELF FUNDED VISION PLAN FOR THE YEAR 2003

BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an administrative fee renewal agreement with Excellus Benefit Services, Inc. for the Schuyler County self-funded vision plan for county employee groups for the term of January 1, 2003 through December 31, 2003, with the rate per month as follows, subject to the approval of the Schuyler County Attorney:

$2.00 per month per Enrollee

(No Increase)

VOTE: Passed 7-0.

RESOLUTION NO. 384 Motion by Hastings, Second by Young.

RE: AUTHORIZE TRANSFER OF FUNDS – TAXES AND ASSESSMENTS ON PROPERTY

WHEREAS, the budget estimate was not sufficient to cover the increase in school taxes on county reforestation lands in the Town of Orange.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the amount of $52.00 from Contingency Account 1990.500 to account no. 1950.400.

VOTE: Passed 7-0.

RESOLUTION NO. 385 Motion by Hastings, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS FOR BOARDING OF FEMALE PRISONERS – SHERIFF’S DEPARTMENT

WHEREAS, there was $17,000 in the County Jail account for the boarding of female prisoners in other counties, and

WHEREAS, this past year has been an extraordinary year for the confinement of females, including two (2) sentenced for a year, and

WHEREAS, such expense for boarding female prisoners will amount to approximately $60,000 during the fiscal year 2002.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to make the following transfer of funds to account no. 3150.456 to pay for the boarding of female prisoners:

AMOUNT ACCOUNT NO. DESCRIPTION

-$3,500 3150.201 Equipment

-$4,000 3150.207 Computer

-$4,000 3150.401 Contractual/Misc.

-$3,000 3150.439 Telephone

-$1,000 3150.457 Repairs

-$15,000 3110.100 Personal Services

+$30,500 3150.456 Board Male & Female Prisoners

VOTE: Passed 7-0.

RESOLUTION NO. 386 Motion by Hastings, Second by Bingell.

RE: AUTHORIZE PURCHASE AND TRANSFER OF FUNDS FOR REPLACEMENT VEHICLE – SHERIFF’S DEPARTMENT

WHEREAS, it is necessary to replace a patrol vehicle in the Sheriff’s Department that was totally damaged in an automobile accident, and

WHEREAS, under State Contract the new vehicle will cost $21,504.13, and

WHEREAS, Schuyler County has received an insurance settlement of $18,671.00.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer the amount of $2,833.13 from account no. 3110.444-Car Operation/Expense to 3110.204-Car, and the Schuyler County Sheriff is authorized to make the purchase of the new vehicle.

VOTE: Passed 7-0.

RESOLUTION NO. 387 Motion by Karius, Second by Young.

RE: AUTHORIZE TRANSFER OF FUNDS – RECORDS MANAGEMENT

WHEREAS, Records Management was fortunate enough to receive a grant in the amount of $9,390.00 this year for microfilming out of the $47,491.00 requested, and

WHEREAS, the amount of $6,439 was allocated in equipment, and

WHEREAS, a reader-scanner has been purchased in the amount of $6,117 with $322.00 remaining to be used to film additional records, and

WHEREAS, they are also some unused funds from a remaining grant that could be utilized to help with this cost.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer funds, as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

-$322.00 1460.200-1469 Equipment

+$322.00 1460.435-1469 Professional Fees & Services

-$412.85 1460.100-1465 Personal Services

+$412.85 1460.435-1465 Professional Fees & Services

VOTE: Passed 7-0.

RESOLUTION NO. 388 Motion by Karius, Second by Young.

RE: AUTHORIZE XEROX FOR 3001 COPIER FULL SERVICE MAINTENANCE AGREEMENT – REAL PROPERTY TAX AGENCY

WHEREAS, the charge for the Xerox 3001 Copier Full Service Maintenance Agreement, from Office Equipment Source Inc., has increased to $600 per year and $.08 per metered foot.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a full service maintenance agreement for the Xerox 3001 Copier in the Real Property Tax Office for a one year term, commencing October 15, 2002, and expiring October 14, 2003, to be renewed annually, funding available in account no. 1355.426, subject to the approval of the County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 389 Motion by Karius, Second by Young.

RE: APPROVE APPLICATION FOR REFUND OF TAXES – BEDIENT/SHIVERS, TOWN OF READING

WHEREAS, an application for refund of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL), for parcel 30.-3-3.12 in the Town of Reading, and

WHEREAS, the Real Property Tax Director has determined that incorrect acreage constitutes an error in essential fact as defined in RPTL Section 550(3)c, and

WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee to approve this application.

NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved for a refund for Town and County taxes in the amount of $114.29 and Dundee Central School taxes in the amount of $153.58.

Town & County 2000 2001 2002

Assessment reduced $2,294.70 $35.83 $38.40 $40.09

Dundee Central School 00-01 01-02 02-03

Assessment reduced $2,294.70 $43.58 $46.45

Assessment reduced $4,300.00 $63.55, and

BE IT FURTHER RESOLVED, that copies of this resolution be sent to the Town of Reading and the Dundee Central School District.

VOTE: Passed 7-0.

RESOLUTION NO. 390 Motion by Bingell, Second by Young.

RE: LOCAL LAW INTRO. NO. 6 OF THE YEAR 2002 FOR SEPARATE MEDICAID RATE ON COUNTY TAX BILLS

BE IT RESOLVED, that Local Law Intro. No. 6 of the year 2002, in the form hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and

BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on November 12, 2002 at 7:10 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 6 OF THE YEAR 2002

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

Section 1. Section 922 of the Real Property Tax Law provides the form and content of the town and county tax bill to be mailed by the collecting officer in each town showing the amount of taxes due on each property.

Section 2. The Schuyler County Legislature desires to show the true costs of county government for Medicaid expenses, which are mandated by the State of New York, yet not reimbursed by said state.

Section 3. Pursuant to Section 922 of the Real Property Tax Law, the county tax rate for the 2003 tax roll and every roll thereafter shall be separated into two parts, one for the general county budget and the second for unreimbursed Medicaid expenses.

Section 4. Each town and county tax billing may include an informational sheet providing a summary of the county budget. The summary may provide an itemization of expenditures and/or revenues, and may list a telephone number, an e-mail address, or some other forum for addressing taxpayer questions.

Section 5. This local law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law.

DISCUSSION: Legislator Hastings feels there are federal issues as well, and this only points out an issue with the state. Legislator Bleiler feels that the property tax was never meant to be used to pay for a problem like Medicaid. Medicaid is a program to give everybody, especially those less fortunate, good health care and was originally designed to be taken from income tax. The good part about this local law is we are giving taxpayers information of where their tax money goes. He wants them to notice that each year the Medicaid figure keeps increasing. They need to know what it is costing them. Chairman Gifford said the emphasis now is to cap Medicaid. It is unrealistic to ask the state to take it over. If it can be capped it would suffice for the time being. Legislator Marvel said he is in favor of this local law because Medicaid is the only item that they do not have any control over financially. The state sends us a bill and we have to pay it. He wants the taxpayers to know this. Legislator Hastings called for the question.

VOTE: Passed 7-0.

RESOLUTION NO. 391 Motion by Bingell, Second by Young.

RE: IMPLEMENT AND APPROVE THE FAMILIES FIRST PROGRAM

WHEREAS, a committee was formed to study the possibility of a first-stop service-oriented program in Schuyler County, and

WHEREAS, that committee has successfully come up with a program called Families First that works with the departments of Public Health, Mental Health, Probation, Youth Bureau and Social Services to improve family ability to access services, and

WHEREAS, the Human Services Committee has approved of this program and is recommending to the Legislature that it be implemented.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby implements and approves the Families First Program, and

BE IT FURTHER RESOLVED, the effective date of the Families First Program is contingent upon the hiring of a new Office for the Aging Director in order for the Youth Bureau Director to take on the Coordinator of Families First duties per Resolution No. 297-02.

DISCUSSION: Legislator Hastings said she will be voting no on this Resolution. With the state in the shape it is in, she does not feel they should be starting a new department. This group will be hiring new people in Social Services and the Youth Bureau. She feels the public will not understand this. She feels they need to be fiscally responsible and that it should be tabled in order to discuss it at budget time for 2003. Legislator Bingell feels the program will cause them to be more fiscally responsible because it will be one-stop shopping. This will save time and money and help those who need help have one place to go. She feels it is reasonable and financially responsible. Legislator Bleiler said he first wants to congratulate the department heads that worked for three years to come up with a plan. This is not a new department, it is an example of collaboration and teamwork. This is an example of how teamwork can work towards a goal for the county. He is grateful to all of them. The second misunderstanding is that this resolution involves money. It is only to approve the concept. The Center for Governmental Research (CGR) report presented it as a concept to save money. He also thanked the Families First committee that gave a report to the Human Services Committee. He feels Families First is a great example of stepping out of the box.

VOTE: Passed 5-2. Noes: Hastings, Marvel.

RESOLUTION NO. 392 Motion by Bingell, Second by Young.

RE: AMEND THE 2002 BUDGET – OFFICE FOR THE AGING

WHEREAS, the Office for the Aging has received additional funding due to State budget modifications.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the Office for the Aging’s 2002 budget, as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$ 757 6772.200 Equipment

+ 500 6772.433 Postage

+1,000 6772.401 Miscellaneous Contractual

+2,257 3772-3772 State Aid

VOTE: Passed 7-0.

RESOLUTION NO. 393 Motion by Bingell, Second by Young.

RE: APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD

BE IT RESOLVED, that this Legislature approves the appointment of Scott Hankins as student representative to the Schuyler County Youth Board effective immediately through December 31, 2003.

VOTE: Passed 7-0.

RESOLUTION NO. 394 Motion by Bingell, Second by Young.

RE: RESCIND RESOLUTION NO. 332-02 AND AUTHORIZE NEW AGREEMENT WITH FLACRA AND AMEND 2002 BUDGET – MENTAL HEALTH

WHEREAS, Resolution No. 332-02 amended the 2002 agreement with Finger Lakes Addictions and Counseling Agency (FLACRA) due to the receipt of additional funding, and

WHEREAS, the additional funding is a Temporary Assistance for Needy Families (TANF) funding award, which requires a new, separate agreement, not an amendment to an agreement already in place, and

WHEREAS, the Finger Lakes Addictions and Counseling Agency (FLACRA) is authorized to provide these services in other counties, and it is desirable to contract with FLACRA to provide these services in Schuyler County, and

WHEREAS, the approved period of performance is August 1, 2001 through March 31, 2003.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Finger Lakes Addictions and Counseling Agency as set forth above, subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that Schuyler County Resolution 332-02 be hereby rescinded, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2002 County budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$27,716 4322-3490 State Aid

+$27,716 4322.336 TANF Services

VOTE: Passed 7-0.

RESOLUTION NO. 395 Motion by Bingell, Second by Young.

RE: AUTHORIZE PAYMENT FOR BUDGET OFFICER DUTIES

WHEREAS, Nancy Peters, County Treasurer, has been appointed Budget Officer for the year 2002, and it has been past practice to pay the Budget Officer for said responsibility.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize payment of $3,000 to the Budget Officer for the year 2002, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $3,000 from Contingency account no. 1990.500 to Budget account no. 1340.100.

VOTE: Passed 7-0.

RESOLUTION NO. 396 Motion by Bingell, Second by Young.

RE: LOCAL LAW INTRO. NO. 7 OF THE YEAR 2002 TO ESTABLISH A SURCHARGE ON WIRELESS COMMUNICATIONS SERVICE IN THE COUNTY OF SCHUYLER

WHEREAS, the Schuyler County Legislature requested and received state legislation authorizing a local law to be implemented to establish a wireless communication surcharge.

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 7 of the year 2002, in the form hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and

BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on November 12, 2002 at 7:20 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 7 OF THE YEAR 2002

Be it enacted by the County Legislature of the County of Schuyler, as follows:

SECTION 1. The title of this local law shall be known as the “Schuyler County Wireless Communications Service Surcharge Law”.

SECTION 2. Pursuant to the authority granted to the Schuyler County Legislature by State Law, there is hereby imposed a surcharge of thirty cents ($.30) per month on wireless communications service in the County of Schuyler.

SECTION 3. The said surcharge shall be imposed on each wireless communications device and shall be reflected and made payable on bills rendered for wireless communications service provided to a customer whose place of primary use is within the County of Schuyler (referred to as “the County” hereafter).

a. For purposes of this law, the term “place of primary use” shall mean the street address that is representative of where the customer’s use of the wireless communications service primarily occurs, which address must be the residential street address or the primary business street address of the customer and within the licensed service area of the wireless communications supplier; provided, however, that a wireless service supplier may treat the address used by such supplier for any wireless communications customer under a service contract or agreement in effect on July 28, 2002 as that wireless communications customer’s place of primary use for the remaining term of such service contract or agreement, excluding any extension or renewal of such service contract or agreement, for purposes of determining the taxing jurisdiction with respect to taxes on wireless communications service.

SECTION 4. The thirty-cent surcharge imposed herein shall begin on January 1, 2003; provided, however, that any wireless communications supplier within the County of Schuyler which has imposed a surcharge pursuant to this law shall be given a minimum of forty-five days written notice prior to the date it shall begin to add such surcharge to the billings of its customers or prior to any modification to or change in the surcharge amount.

SECTION 5.

a. Each wireless communications service supplier serving the County of Schuyler shall act as collection agent for the County and shall remit the funds collected pursuant to the surcharge imposed under the provisions of this law to the chief fiscal officer of the County every month. Such funds shall be remitted no later than thirty (30) days after the last business day of the month.

b. Each wireless communications service supplier shall be entitled to retain, as an administrative fee, an amount equal to two percent (2%) of its collections of the surcharge imposed under the provisions of this law.

c. Any surcharge required to be collected by a wireless communications service supplier shall be added to and stated separately in its billings to customers.

d. Each wireless communications service supplier who is subject to the provisions of this law shall be liable to Schuyler County for the surcharge until it has been paid to the County of Schuyler, except that payment to a wireless communications service supplier is sufficient to relieve the customer from further liability for such surcharge.

e. No wireless communications service supplier shall have a legal obligation to enforce the collection of any surcharge imposed under the provisions of this law, provided, however, that whenever the wireless communications service supplier remits the funds collected to the County, it shall also provide the County of Schuyler with the name and address of any customer refusing or failing to pay a surcharge imposed under this provisions of this law, and shall state the amount of such surcharge remaining unpaid.

f. Each wireless communications service supplier shall annually provide to the County an accounting of the surcharge amounts billed and collected.

SECTION 6.

a. All surcharge monies remitted to the County of Schuyler by a wireless communications service supplier shall be expended only upon authorization of the County and only for payment of system costs or other costs associated with the design, construction, operation, maintenance, and administration of public safety communications networks serving Schuyler County.

b. The County shall separately account for and keep adequate books and records of the amount and source of all such surcharge monies and of the amount and object or purpose of all expenditures thereof.

c. If, at the end of any fiscal year, the total amount of all such monies exceeds the amount necessary for payment of the above-mentioned costs in such fiscal year, such excess shall be reserved and carried over for the payment of those costs in the following fiscal year.

Section 7. Separability

If any provision of this local law or the application thereof to any person or circumstance is held to be invalid, the remainder of this local law and the application of such provision to other persons or circumstances shall not be affected thereby.

Section 8. Effective date

This local law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law.

VOTE: Passed 7-0.

RESOLUTION NO. 397 Motion by Bingell, Second by Young.

RE: CREATE PERMANENT TWO-COUNTY RURAL TRANSPORTATION ADVISORY COMMITTEE AND APPOINT REPRESENTATIVES FROM SCHUYLER COUNTY TO SERVE ON THE COMMITTEE

WHEREAS, the Schuyler County Legislature has agreed to work cooperatively with Steuben County to develop a Rural Transportation program for the two-county area, and

WHEREAS, Southern Tier Central Regional Planning and Development Board applied for a New York State Department of Transportation grant to undertake a study program, and

WHEREAS, the final two-county Rural Transportation Study was completed in June and reviewed and accepted by the interim Transportation Advisory Committee and the legislatures of Schuyler and Steuben counties, and

WHEREAS, each county legislature approved the resolution accepting the Transportation Study and committing local resources to assist in implementation, and agreeing to create a permanent two-county Rural Transportation Advisory Committee, and

WHEREAS, the Regional Planning Board has agreed to provide administrative support to the advisory committee in the future, to hopefully implement the study recommendations.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to create a permanent two-county Rural Transportation Advisory Committee and appoint the following representatives from Schuyler County to serve on the committee:

Danielle Hautanemi, Planning

Glenn Larison, Legislature

Jim Wilson, Schuyler Arc

Marty Roberts, Town of Reading Highway Superintendent

Greg Mathews, Schuyler County Highway Superintendent, and

BE IT FURTHER RESOLVED, that the Legislature also acknowledges and approves the appointment of Jim Clements, New York State Department of Transportation and Jay Schissel, Chemung County Transportation Planning Program Director to serve on said committee, and

BE IT FURTHER RESOLVED, that the new committee will not incur any financial burden on the County without specific authorization of the Legislature.

VOTE: Passed 7-0.

RESOLUTION NO. 398 Motion by Bingell, Second by Young.

RE: RESOLUTION CALLING FOR THE GOVERNOR AND STATE LEGISLATURE TO CAP MEDICAID NOW

WHEREAS, since the enactment of the Medicaid program, counties in New York State have been required to share in the cost of services. Counties are mandated by the state to contribute a 25 percent matching share with the exception of certain long-term care and mental health services, and

WHEREAS, counties have minimal authority to manage, control or reduce their Medicaid costs, and therefore serve primarily as a means to transfer a portion of the State's share of Medicaid from the statewide tax base to local property tax bases, and

WHEREAS, in 2001 local taxpayers paid over $4.3 billion in net Medicaid costs through their local budgets and it is estimated that the net Medicaid local share will increase to $4.8 billion in 2002 and exceed $5.4 billion in 2003, and

WHEREAS, for counties outside New York City, the Medicaid local share has doubled between 1990-2001, making Medicaid the largest and most volatile single expense in county budgets, and

WHEREAS, recent actions by the state, including shifting of Medicaid managed care costs to counties, the shifting of state mental health costs to counties, the expansion of various Medicaid payment rated, the creation of the Family Health Plus Program and the expanded funding for healthcare workers recruitment and retention, has compounded the local Medicaid problem and added to the fiscal crisis currently facing counties, and

WHEREAS, this resurgence of Medicaid growth reflects the underlying problems and funding inequities of the Medicaid program which place unique burdens on the counties, jeopardize the long-term fiscal stability of the county governments, and add to the burden of regressive local property taxes, and

WHEREAS, it is imperative that the Governor and the State Legislature take responsibility for the growth of New York State's program by capping the Medicaid local share at 2001 base levels, and

WHEREAS, this cap would provide local governments significant budgetary relief, and

WHEREAS, this cap would provide county taxpayers with real property tax relief in 2003.

NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature calls upon the Governor and the State Legislature to make fundamental structural reform to the Medicaid program and provide real property taxpayers with relief by CAPPING MEDICAID NOW, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature shall forward copies of this Resolution to Governor George E. Pataki, the New York Legislature and all others deemed necessary and proper.

VOTE: Passed 7-0.

RESOLUTION NO. 399 Motion by Bingell, Second by Young.

RE: RESOLUTION CALLING ON THE PRESIDENT AND THE UNITED STATES HOUSE OF REPRESENTATIVES TO SUPPORT AN INCREASE IN THE FEDERAL MEDICAL ASSISTANCE PERCENTAGE (FMAP) TO PROVIDE NEW YORK COUNTIES WITH MEDICAID RELIEF

WHEREAS, under Federal Law, local governments are not responsible for any portion of Medicaid funding, however, Congress has given states the ability to require local governments to share in financing the non-federal share of Medicaid costs, and

WHEREAS, Medicaid has become the largest single appropriation in every county budget and the reemergence of double digit annual growth rates is siphoning away the limited resources needed to fund other critical budgetary needs at county level, and

WHEREAS, the National Governor's Association (NGA), including Governor Pataki, have supported a proposal for a temporary increase in the federal medical assistance percentage (FMAP) as an economic stimulus option that would provide more federal funding for state Medicaid programs, and

WHEREAS, the NGA has indicated that it would both help to stimulate the nation's economy and shore up the safety net for low-income families, and

WHEREAS, on January 16, 2002 the Governor of New York State Legislature enacted legislation that provides for a multi-billion, three-year plan to address New York's shortage of health care workers, to financially strengthen New York's hospital's, nursing homes and other health care facilities and increase funding for other important health care programs, and

WHEREAS, this new plan will increase the local Medicaid burden, currently over $4.3 billion annually, by approximately $300 million over the next three years from increased reimbursements to hospitals, nursing homes, and home care facilities, and

WHEREAS, this legislation also integrates the funding from an increase in the FMAP of 3% for the next three fiscal years relies on this increased federal funding as a major offset to the new local costs, and

WHEREAS, without the increased FMAP, property taxpayers across the state that fund county budgets, will be forces to absorb the resulting increased Medicaid burden in their local tax bill, and

WHEREAS, the United States Senate has supported a temporary FMAP increase via the Rockefeller-Collins-Nelson-Smith amendment to the Greater Access to Affordable Pharmaceuticals Act of 2001, which would provide counties and New York City with one time Medicaid relief of approximately $100 million and $200 million, respectively.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature calls upon the President and the Untied States House of Representatives to support an increase in the federal medical assistance percentage (FMAP) to provide New York's local taxpayers with relief from the crushing financial burden of the Medicaid program, and

BE IT FURTHER RESLOVED, that the Schuyler County Legislature shall forward copies of this Resolution to the President, members of the United States House of Representatives and others deemed necessary and proper.

VOTE: passed 7-0.

RESOLUTION NO. 400A Motion by Hastings, Second by Karius.

RE: MOTION TO TABLE RESOLUTION NO. 400

BE IT RESOLVED, that Resolution No. 400 be tabled for further discussion.

DISCUSSION: Legislator Hastings asked to table this resolution in order to investigate other funding possibilities. She has asked for a meeting with George Roets, Dennis Morris and Judge J.C. Argetsinger to discuss this. She feels they have a full-time psychiatrist that can do this type of work. She would like to discuss this further in Health Services Committee.

VOTE: Passed 7-0.

RESOLUTION NO. 400

RE: AUTHORIZE TRANSFER OF FUNDS FOR COURT ORDERED EXAMINATIONS - TABLED

WHEREAS, the Treasurer has received billings that total $17,053.43 from the NYS Office of Mental Health for 50% of the amount due for psychiatric examinations ordered by Family Court, and

WHEREAS, these billings represent 100% County costs that were not included in the 2002 budget and cannot be claimed for state aid reimbursement.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to set up account 4390 Psychiatric Expenditures and transfer $17,053.42 from Contingency Account 1990.500 to fund the account.

RESOLUTION NO. 401 Motion by Marvel, Second by Bingell.

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

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

VOTE: Passed 7-0.

RESOLUTION NO. 402A Motion by Marvel, Second by Bingell.

RE: MOTION TO AMEND RESOLUTION NO. 402 – FAILED

BE IT RESOLVED, that Resolution No. 402 be amended to remove the second Be It Further Resolved clause from the Resolution.

DISCUSSION: Legislator Marvel said he would like to see an amendment to strike the second BE IT RESOLVED clause relative to the pre-approval process. Legislator Young asked about projected savings. Chairman Gifford stated it is difficult to project savings. Legislators Bingell and Bleiler were concerned about the amount of travel, but also if travel was disallowed if opportunities for grant workshops, etc., would be missed. Legislator Hastings feels the travel requests need to be scrutinized more carefully. Sometimes there are four employees going to the same workshop. She feels when she has fifteen travel vouchers to sign in one day, it is time to ask questions. It is not even the cost of travel or registration, it is the fact that employees are missing from work. Legislator Bingell feels they should trust their department heads in making the determination about who should travel. Legislator Marvel called for the question on the amendment, Legislator Karius seconded the motion.

VOTE: Failed 4-3. Noes: Bingell, Young, Bleiler.

RESOLUTION NO. 402B Motion by Bleiler, Second by Bingell.

RE: MOTION TO TABLE RESOLUTION NO. 402 – FAILED

BE IT RESOLVED, that Resolution No. 402 be tabled for further discussion.

VOTE: Failed 4-3. Noes: Hastings, Karius, Marvel.

RESOLUTION NO. 402C Motion by Bingell, Second by Young.

RE: MOTION TO AMEND RESOLUTION NO. 402 – FAILED

BE IT RESOLVED, that Resolution No. 402 be amended to change the phrase “must be state mandated” to “must be deemed necessary by the department head” in the first Be It Further Resolved clause.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 9:07 A.M.

Gail M. Hughey, Clerk

REGULAR MEETING

NOVEMBER 12, 2002

The November 12, 2002 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Hastings and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.

PUBLIC PARTICIPATION:

Tom Ryan said he heard a rumor that the Legislature is looking to get rid of the Veterans Service Agency in Schuyler County in order to save $16,000. He spoke in support of the office and the Director, Phil Smith. Legislator Bleiler, as Chairman of the Human Services Committee, said he is not aware of any discussion in this regard. Legislator Marvel stated that in all of the discussions at the Management and Finance Committee budget workshops, they have not talked about closing any department.

Legislator Bleiler introduced to the public and Legislature, the new Office for the Aging Director, Robert Dunphy.

PRESENTATION BY PUBLIC HEALTH REGARDING RABIES:

Marcia Kaspryzk, Deputy Director of Public Health, announced that effective November 20^th there will be a new rabies law in New York State. Pam Carlucci, a Public Health Nurse, specifically discussed home confinements. If a pet with rabies bites someone, it can no longer stay at home during confinement. She read the new law. Marcia said the 10-day confinement issue will be the most controversial. They do not have adequate facilities in Schuyler County. They will be issuing a press release in the paper. It was noted that farmers with farm cats will be held accountable for them. If they do not want to pay for confinement, they will have to pay for euthanasia and the animal will be tested. Legislator Young asked who will enforce this new law. Marcia said the Public Health and Sheriff’s Departments. George Roets, Director of Community Services/Public Health, said this law now gives them more authority. Pam advised they will hold rabies clinics every four months instead of twice a year.

PUBLIC HEARING ON LOCAL LAW INTRO. NO. 6 OF THE YEAR 2002 FOR SEPARATE MEDICAID RATE ON COUNTY TAX BILLS: None.

PUBLIC HEARING ON LOCAL LAW INTRO. NO. 7 OF THE YEAR 2002 TO ESTABLISH A SURCHARGE ON WIRELESS COMMUNICATION SERVICE IN THE COUNTY OF SCHUYLER:

Chairman Gifford wanted to know if just the companies are charged or the users. The Clerk of the Legislature explained that the companies are charged and they charge the customers. The surcharge comes back to the county for 911 services.

WITHDRAWN

RE: APPROVE MINUTES OF THE MARCH 11, 2002 REGULAR MEETING, APRIL 8, 2002 REGULAR MEETING, MAY 3, 2002 SPECIAL MEETING AND MAY 6, 2002 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE - WITHDRAWN

BE IT RESOLVED, that the minutes of the March 11, 2002 Regular Meeting, April 8, 2002 Regular Meeting, May 3, 2002 Special Meeting, and May 6, 2002 Special Meeting of the Schuyler County Legislature be hereby approved.

RESOLUTION NO. 407 Motion by Hastings, Second by Larison.

RE: AUTHORIZE AMENDMENT TO THE 2002 ALCOHOLISM SERVICES AGREEMENT AND 2002 BUDGET – MENTAL HEALTH

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the 2002 agreement with The Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc. for this additional funding, subject to approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2002 County budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$360.00 4322.550 Council on Alcoholism

+$360.00 4322-3490 Revenue

VOTE: Passed 8-0.

RESOLUTION NO. 408 Motion by Hastings, Second by Larison.

RE: AUTHORIZE 2002–2003 EARLY INTERVENTION/CHILD FIND/CSHCN GRANT AND ESTABLISH A BUDGET – PUBLIC HEALTH – AS AMENDED

WHEREAS, the Department of Health has been awarded $50,318.00 to Schuyler County Public Health for the continuation of the Early Intervention/Child Find/CSHCN grant for the period October 1, 2002 through September 30, 2003.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to establish a 2002–2003 budget for the aforementioned grant, as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$27,357 4010.100-4091 Personnel Services

+$ 9,466 4010.489-4091 Fringes

+$ 5,000 4010.446-4091 Maintenance in Lieu of Rent

+$ 8,495 4010.400-4091 Contractual

+$50,318 4010-4461-4091 Revenue

VOTE: Passed 8-0.

RESOLUTION NO. 409 Motion by Hastings, Second by Larison.

RE: AUTHORIZE AGREEMENT WITH SCHUYLER HOSPITAL FOR 2002 – PUBLIC HEALTH

WHEREAS, the agreement with Schuyler Hospital for Homecare and Rehabilitation Services was for January 1, 2002 through December, 31, 2002, and will now be from January 1, 2002 through July 31, 2002.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Schuyler Hospital for Homecare and Rehabilitation Services for the Public Health Department for the term January 1, 2002 through July 31, 2002, funding available in the 2002 Public Health budget account no. 4010.435; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 410 Motion by Hastings, Second by Larison.

RE: AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER HOSPITAL, INC. FOR HOMECARE AND REHABILITATION THERAPY SERVICES FOR 2002-2003 – PUBLIC HEALTH

WHEREAS, Resolution No.118-01 authorized an agreement between Schuyler Hospital and Public Health for nursing services, home health aides and therapy services, and

WHEREAS, several rate changes are being made to the contract.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute an agreement with Schuyler Hospital from August 1, 2002 through July 31, 2003 at the following rates, subject to the approval of the Schuyler County Attorney:

Home Care Services Rates:

Home Health Aide $15.50/hour of patient care services

Personal Care Aide $13.00/hour of patient care services

Licensed Practical Nurse $21.25/hour of patient care services

Registered Nurse $27.75/hour of patient care services

On Call time $1.65/hour of standby time

Additional overtime payment at the rate of:

Home Health Aide $5.00/hour of patient care services

Personal Care Aide $5.00/hour of patient care services

Licensed Practical Nurse $6.50/hour of patient care services

Registered Nurse $9.50/hour of patient care services

Therapy Services Rates:

Physical therapy, Occupational therapy and

Speech Therapy $48.00 per hour

Paraffin Bath $79.90 per treatment

Small Whirlpool $79.90 per treatment

Contrast Baths $48.85 / 15 minutes

Prosthetic Training $52.15 / 15 minutes

Splint Fabrication $52.15 / 15 minutes

Removal of Devitalized Tissue $104.95 / 15 minutes

Therapeutic Exercises Requiring Large Equipment $63.15 / 15 minutes, and

BE IT FURTHER RESOLVED, that Schuyler Hospital will provide cell phones for the nurses and Schuyler County Public Health will be responsible for all reasonable use charges, and

BE IT FURTHER RESOLVED, that Schuyler County Public Health will provide transportation reimbursement for nurses at the rate of $0.29 cents per mile.

VOTE: Passed 8-0.

RESOLUTION NO. 411 Motion by Hastings, Second by Larison.

RE: AMEND RESOLUTION NO. 230-02 – AMEND 2002 COUNTY BUDGET AND ESTABLISH BIOTERRORISM GRANT – PUBLIC HEALTH

WHEREAS, Resolution No. 230-02 established the Bioterrorism Grant incorrectly.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 230-02 be amended to change the “Be It Resolved” clause to read as follows, with the changes in bold:

“NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to amend the 2002 Public Health Department Budget as follows:

4010.201-4018 Equipment $14,500

4010.400-4018 Contractual $60,500

4010-4401-4018 Revenue $75,000…”

VOTE: Passed 8-0.

RESOLUTION NO. 412 Motion by Hastings, Second by Larison.

RE: AUTHORIZE AGREEMENT WITH THE CENTER FOR ROCHESTER’S HEALTH, UNIVERSITY OF ROCHESTER, DEPARTMENT OF FINGER LAKES OFFICE OF SURVEILLANCE AND EPIDEMIOLOGY – PUBLIC HEALTH

WHEREAS, Schuyler County Health Department has received a grant in the amount of $75,000 for the Public Health Preparedness (Bioterrorism), and

WHEREAS, the Center for Rochester’s Health, University of Rochester, Department of Finger Lakes Office of Surveillance and Epidemiology will be providing surveillance, medical consultation, clinical and technical epidemiology support to our region, and

WHEREAS, the Schuyler County Public Health Department’s share for these services will be $15,000.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to enter into an agreement with the Center for Rochester’s Health, University of Rochester, Department of Finger Lakes Office of Surveillance and Epidemiology, for the term September 1, 2002 through August 30, 2003, funding available in the 2002 Public Health Department budget account no. 4010.400-4018-Contractual; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 413 Motion by Hastings, Second by Bingell.

RE: AUTHORIZE AGREEMENT WITH PHYSICAL THERAPY CENTER OF HORSEHEADS FOR PHYSICAL THERAPY SERVICES – PUBLIC HEALTH

WHEREAS, Physical Therapy Center of Horseheads can provide physical therapy to Schuyler County residents at a cost of $60.00 per visit, and

WHEREAS, this agreement will provide another resource for providing physical therapy services to Schuyler County residents.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to enter into an agreement with Physical Therapy Center of Horseheads, at the rate of $60.00 per visit, effective November 1, 2002 through December 31, 2003, renewable on the calendar year thereafter, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 414 Motion by Hastings, Second by Bingell.

RE: AUTHORIZE AGREEMENT FOR A WORKSITE WELLNESS SITE THROUGH THE HEALTHY HEART PARTNERSHIP OF THE SOUTHERN TIER – PUBLIC HEALTH

WHEREAS, funding has been awarded to the Schuyler County Public Health Department for the Healthy Heart Partnership of the Southern Tier initiative, to set up a third Worksite Wellness Site in the county at Bill’s Machine Shop, in the amount of $2,500.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature supports the efforts of the Public health Department in this initiative and authorizes the County Treasurer to amend the 2002 Public Health Department budget, effective immediately, as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$ 700 4010.100 Personal Services

+$1,800 4010.400 Contractual

+$2,500 4010-1689 Revenue Worksite Wellness

VOTE: Passed 8-0.

RESOLUTION NO. 415 Motion by Hastings, Second by Bingell.

RE: RECOGNIZE NOVEMBER AS NATIONAL HOME CARE AND NATIONAL HOSPICE MONTH – PUBLIC HEALTH

WHEREAS, home care and hospice services provide high quality and compassionate health care services to those in need, especially at times of community or personal health care crisis, and

WHEREAS, home care and hospice are the most preferred method of health care delivery among disabled, elderly and chronically ill individuals eager to live independently in their own homes as long as they possibly can, and

WHEREAS, home care and hospice in the United States are growing alternatives to hospitalization or other institution-based forms of health care.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognize November as National Home Care and National Hospice Month and encourage the recognition and support of Schuyler County Public Health, Schuyler Hospital Homecare, Bath VA, EISEP and the Southern Tier Hospice staff members who care for the elderly, disabled and infirm of Schuyler County.

VOTE: Passed 8-0.

RESOLUTION NO. 416 Motion by Larison, Second by Bingell.

RE: AUTHORIZE APPOINTMENT OF EARLY INTERVENTION OFFICIAL DESIGNEE – PUBLIC HEALTH

WHEREAS, the Youth Bureau Director, JoAnn Fratarcangelo, will be coordinating the Families First Program and it is therefore desirable that the individual be appointed as an Early Intervention Official Designee.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature appoint JoAnn Fratarcangelo as Designee of the Early Intervention Official, effective immediately.

VOTE: Passed 8-0.

RESOLUTION NO. 417 Motion by Larison, Second by Bingell.

RE: AUTHORIZATION TO AMEND 2002 BUDGET ‑ SOCIAL SERVICES DAY CARE

WHEREAS, expenditures for the Day Care subsidy program increased in 2002, and

WHEREAS, the additional expenditures are 100% reimbursable.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following amendment to the Department of Social Services 2002 Budget:

AMOUNT ACCOUNT NO. DESCRIPTION

+ $60,000 6055.400 Day Care

+ $60,000 6055-3655 State Aid ‑ Day Care

VOTE: Passed 8-0.

RESOLUTION NO. 418 Motion by Larison, Second by Bingell.

RE: AMEND RESOLUTION NO. 335-02 – AUTHORIZE CONTRACT WITH CATHOLIC CHARITIES – SOCIAL SERVICES

WHEREAS, the Schuyler County Department of Social Services has an agreement with Catholic Charities’ First Step, Youth Center, and Schuyler Outreach, to provide continued services as specified in the TANF Services Plan, and

WHEREAS, Catholic Charities has advised that $5,788 indicated in Resolution No. 335-02 as being for First Step is actually targeted for non-residential domestic violence and this service is to be provided through Schuyler Outreach.

NOW, THEREFORE, BE IT RESOLVED, that the amount of $5,788 be added to Catholic Charities Schuyler Outreach agreement and deducted from the First Step agreement, and

BE IT FURTHER RESOLVED, that the “Be It Resolved” clause in Resolution No. 335-02 now read as follows:

“NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an amended agreement with Catholic Charities’ Schuyler Youth Center in an amount not to exceed $2,000; and Schuyler Outreach (Food Pantry) in an amount not to exceed $7,788 for the period July 1, 2002 through June 30, 2003 funding available in the 2002 Social Services budget account no. 6010.552; subject to approval by the Schuyler County Attorney”.

VOTE: Passed 8-0.

RESOLUTION NO. 419 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZATION TO AMEND CONTRACT WITH CATHOLIC CHARITIES’ FIRST STEP VICTIMS SERVICES FOR NON-RESIDENTIAL DOMESTIC VIOLENCE ‑ SOCIAL SERVICES

WHEREAS, the Schuyler County Department of Social Services has a contract with Catholic Charities for Non-Residential Domestic Violence services, which is funded by a New York State grant, and

WHEREAS, the contract and the grant originally expired on June 30, 2002, and

WHEREAS, the grant has been extended to June 30, 2003.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the contract with Catholic Charities for Non-Residential Domestic Violence services for the term to now expire June 30, 2003; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 420 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZE TRANSFER OF FUNDS FOR BRIDGE CONSTRUCTION – HIGHWAY DEPARTMENT

WHEREAS, the Valois Point Bridge bids came in over the estimated budget amount by $16,056, and

WHEREAS, this amount can be covered by transferring money from Permanent Improvements.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the amount of $16,056 from account no. 5112.342-Reconstruction CR 16 to account no. 5120.323-Valois Point Bridge.

VOTE: Passed 8-0.

RESOLUTION NO. 421 Motion by Bingell, Second by Bleiler.

RE: ACCEPT PROPOSAL FROM FISHER ASSOCIATES FOR THE BURDETT PEDESTRIAN BRIDGE DESIGN – HIGHWAY DEPARTMENT

WHEREAS, Fisher Associates has submitted preliminary drawings for the proposed Burdett Pedestrian Bridge, and

WHEREAS, the Highway Superintendent and the Public Works Committee have agreed to go forward with this project.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to retain Fisher Associates for engineering services for the design of the Burdett Pedestrian Bridge BIN# 3332530, County Road 05, over Hector Falls Creek, Town of Hector, for a contract sum of $38,808.20; 80% of the project or $31,000.00 will be complete in 2002, money available in the 2002 budget account no. 5020.400, with the remaining $7,808.00 included in the 2003 budget; contract subject to the approval of the Schuyler County Attorney.

DISCUSSION: Legislator Hastings said she will be voting no on this resolution. She does not feel it is in the best interest of the Highway Department to use CHIPS funds for this project, especially when those funds have been falling short. She feels it should be partially paid for by the Village of Burdett and Town of Hector. She does not feel it is fair to the county. Legislator Bleiler gave some history on the topic. He stated that it is a county owned bridge, therefore it is the county’s responsibility and liability. A year ago the Legislature agreed to put CHIPS money in for this bridge and $31,000 is in this year’s budget. The rest of the CHIPS funds were used to fix county roads. The rule for these funds is if we do not spend it, we will lose it. Legislator Bingell feels if they do not make it safe, then they must tear it down. It could cost $70,000 to do that. Legislator Hastings said she has never heard of having to send CHIPS funding back, it gets used on other roads. Legislator Bingell said it is too late in the season to do paving now.

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

RESOLUTION NO. 422 Motion by Larison, Second by Bleiler.

RE: LOCAL LAW INTRO. NO. 8 OF THE YEAR 2002/LOCAL LAW NO. OF THE YEAR 2003 TO ESTABLISH AN EMPIRE ZONE IN CERTAIN ADDITIONAL 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 county has an opportunity to establish another Empire Zone, and

WHEREAS, it is in the best interest of the county and participating municipalities to seek another Empire Zone.

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 8 of the Year 2002/ Local Law No. of the year 2003 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and

BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on February 10, 2003 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 8 OF THE YEAR 2002/LOCAL LAW NO. OF THE YEAR 2003

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

Section 3: The Chairman of the County Legislature is hereby authorized to sign all documents necessary to complete such application.

Section 4: Pursuant to the requirements of the aforesaid statute and in conformity with Schuyler County Local Law No. 12 of 2000 and Local Law No. 1 of 2001, copies attached, the existing local Empire Zone Administrative Board shall perform all the duties set forth in Article 18-B of the General Municipal Law and the Local Laws above cited with regard to such additional empire zone(s) as may be established hereafter, to include:

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

g. 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

j. 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.

VOTE: Passed 8-0.

RESOLUTION NO. 423 Motion by Larison, Second by Bleiler.

RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2003

WHEREAS, a public hearing in respect to the 2003 County Budget is required pursuant to County Law Section 359.

NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2003 County Budget be held in the Court Room on the second floor of the Court House, 105 Ninth Street, Watkins Glen, NY on Wednesday, December 11, 2002 at 6:30 p.m., and

BE IT FURTHER RESOLVED, pursuant to County Law Section 152 that this resolution shall not be effective unless approved by the affirmative vote of at least three-fourths of the total membership of the County Legislature, and

BE IT FURTHER RESOLVED, upon approval of this resolution, the Clerk of the Legislature shall give appropriate public notice of said hearing, provide at least one hundred copies of the tentative budget, and otherwise comply with the requirements of County Law Section 359.

VOTE: Passed 8-0.

RESOLUTION NO. 424 Motion by Larison, Second by Bleiler.

RE: SET DATES FOR SPECIAL MEETINGS OF THE LEGISLATURE

WHEREAS, any alterations to the tentative budget must be by resolution following the deadline for the Management and Finance Committee report.

NOW, THEREFORE, BE IT RESOLVED, that Special Meetings of the Schuyler County Legislature will be held following Legislative Committee Budget Workshops scheduled for 9:30 a.m., on Monday, November 25, 2002, Tuesday, December 3, 2002 and Thursday, December 5, 2002, in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY for the following item of business:

1. Allow alterations to the tentative budget for 2003, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature be hereby directed to publish appropriate notice of said Special Meeting in the legal newspaper.

VOTE: Passed 8-0.

RESOLUTION NO. 425 Motion by Bingell, Second by Young.

RE: LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 7 OF THE YEAR 2002 FOR SEPARATE MEDICAID RATE ON THE COUNTY TAX BILLS

WHEREAS, a proposed Local Law regarding a Separate Medicaid Rate on the County Tax Bills was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held November 12, 2002 at 7:10 p.m., and

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

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 6/Local Law No. 7 of the year 2002, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and

BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 6/Local Law No. 7 of the year 2002, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 7 OF THE YEAR 2002

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

Section 2. The Schuyler County Legislature desires to show the true costs of county government for Medicaid expenses, which are mandated by the State of New York, yet not reimbursed by said state.

Section 5. This local law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law.

VOTE: Passed 7-1. No: Hastings.

RESOLUTION NO. 426 Motion by Bleiler, Second by Bingell.

RE: LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. 8 OF THE YEAR 2002 TO ESTABLISH A SURCHARGE ON WIRELESS COMMUNICATIONS SERVICE IN THE COUNTY OF SCHUYLER

WHEREAS, a proposed Local Law regarding to Establish a Surcharge on Wireless Communications Service in the County of Schuyler was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held November 12, 2002 at 7:20 p.m., and

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

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 7/Local Law No. 8 of the year 2002, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and

BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 7/Local Law No. 8 of the year 2002, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. 8 OF THE YEAR 2002

Be it enacted by the County Legislature of the County of Schuyler, as follows:

SECTION 1. The title of this local law shall be known as the “Schuyler County Wireless Communications Service Surcharge Law”.

SECTION 3. The said surcharge shall be imposed on each wireless communications device and shall be reflected and made payable on bills rendered for wireless communications service provided to a customer whose place of primary use is within the County of Schuyler (referred to as “the County” hereafter).

SECTION 4. The thirty-cent surcharge imposed herein shall begin on January 1, 2003; provided, however, that any wireless communications supplier within the County of Schuyler which has imposed a surcharge pursuant to this law shall be given a minimum of forty-five days written notice prior to the date it shall begin to add such surcharge to the billings of its customers or prior to any modification to or change in the surcharge amount.

SECTION 5.

c. Any surcharge required to be collected by a wireless communications service supplier shall be added to and stated separately in its billings to customers.

f. Each wireless communications service supplier shall annually provide to the County an accounting of the surcharge amounts billed and collected.

SECTION 6.

Section 7. Separability

Section 8. Effective date

This local law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law.

VOTE: Passed 8-0.

RESOLUTION NO. 427 Motion by Larison, Second by Marvel.

RE: HALF-DAY HOLIDAY ADOPTED FOR ALL COUNTY EMPLOYEES

WHEREAS, the Schuyler County Legislature wishes to extend a one-half day holiday to its employees, and

WHEREAS, per County Law certain county offices are required to remain open except on other than legally designated holidays.

NOW, THEREFORE, BE IT RESOLVED, that Department Heads may arrange for their employees to take a half-day holiday on either December 24 or December 31, 2002; the schedule to be determined by the Department Head so as to allow County business to operate without interruption.

DISCUSSION: Legislator Hastings said she is changing her support on this resolution. With the budget as tight as it is, employees have personal days they can use if they wish to take a half-day off. She will be voting no on this resolution. Legislator Larison said he will also vote no, it would not look good to the public considering the budget concerns. Legislator Bleiler feels it shows compassion for hard working employees. Legislator Bingell concurred with Legislator Bleiler’s opinion.

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

RESOLUTION NO. 428 Motion by Larison, Second by Marvel.

RE: AUTHORIZE CONTRACT WITH INTERNATIONAL SPECIALIST SERVICES, INC. (ISS) TO PERFORM SECTION 207c SERVICES – CIVIL SERVICE/PERSONNEL

WHEREAS, there is a 207c case in the Schuyler County Sheriff’s Department that has been ongoing for over eight years, and

WHEREAS, International Specialist Services, Inc. will advise and assist in case management for this case, and

WHEREAS, said services are $75.00 plus costs per hour, in an amount not to exceed $3,000 without further authorization.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with International Specialist Services, Inc. for the Civil Service/Personnel Department for case management services effective November 13, 2002 until the funds are expended, funding available in the 2002 budget account no. 1430.435-Professional Fees and Services; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 429 Motion by Larison, Second by Marvel.

RE: AUTHORIZE GHI DENTAL DEDUCTIBLE INCREASE FOR EXEMPT EMPLOYEES

WHEREAS, the county’s GHI dental insurance carrier has provided a new preferred dental plan to help reduce future dental insurance monthly premiums, and

WHEREAS, the Schuyler County Deputy Sheriff’s Association has ratified this change in their new contract for the term January 1, 2003 through December 31, 2007, and

WHEREAS, a savings should be realized by the County to implement this plan and make this change.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the conversion of the employees in the Management/Confidential Salary Plan, elected officials, attorneys, physicians, and retirees in any of these groups, and any participating Municipal, Special District or COBRA groups to the new GHI Preferred Dental Plan, effective January 1, 2003.

VOTE: Passed 8-0.

RESOLUTION NO. 430 Motion by Larison, Second by Bingell.

RE: APPOINTMENT – DEPUTY FIRE COORDINATOR FOR EMERGENCY MANAGEMENT

WHEREAS, the Emergency Management Coordinator deems it necessary to fill a vacant position to closer coordinate the fire service in Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, that Jason Kelly of the Burdett Fire Department be appointed as Deputy Fire Coordinator effective immediately, said position is a volunteer position.

VOTE: Passed 8-0.

RESOLUTION NO. 431 Motion by Larison, Second by Bingell.

RE: AUTHORIZE CONTRACT RENEWAL WITH MOTOROLA – EMERGENCY MANAGEMENT

WHEREAS, the Office of Emergency Management has Motorola equipment for the Control Center, and this equipment needs to be maintained for the safety of the citizens of this County.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Motorola, Inc. to provide maintenance and service for the equipment specified in the contract at a cost of $1,105.87 per month, for the term December 1, 2002 through November 30, 2003, funding available in budget account no. 3689.426; subject to approval by the Schuyler County Attorney.

VOTE: Passed 7-1. No: Marvel.

RESOLUTION NO. 432 Motion by Larison, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS TO PERSONNEL – PROBATION

WHEREAS, there is a shortage of funds in the 2002 Probation Personal Services budget in order to meet payroll obligations for the remainder of the year.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $9,927 from Contingency account no. 1990.5 to Probation account no. 3140.100-Personal Services.

VOTE: Passed 8-0.

RESOLUTION NO. 433 Motion by Karius, Second by Larison.

RE: APPROVE APPLICATION FOR REFUND OF REAL PROPERTY TAXES – COUNTY OF SCHUYLER

WHEREAS, an application for refund of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL), for parcel 92.-2-24, County Reforestation Land in the Town of Orange, and

WHEREAS, the Real Property Tax Director has determined that this parcel should be exempt for County purposes, and that failure to grant an exemption constitutes a clerical error as defined in RPTL Section 550(2)c, and

WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee to approve the application for the year 2002.

NOW, THEREFORE, BE IT RESOLVED, that the aforementioned application be hereby be approved for the year 2002, and that the Treasurer be hereby authorized to issue a refund in the amount of $284.69, and

BE IT FURTHER RESOLVED, that $284.69 be charged to the County’s Uncollectible account.

VOTE: Passed 8-0.

RESOLUTION NO. 434 Motion by Karius, Second by Larison.

RE: ESTABLISH NEW FEE SCHEDULE FOR THE REAL PROPERTY TAX SERVICE OFFICE

WHEREAS, the cost of reproducing tax maps, print-outs, and other reports has been constantly increasing, and

WHEREAS, these increased costs should be borne by those who utilize these services and not the County taxpayers as a whole.

NOW, THEREFORE, BE IT RESOLVED, that the attached revised fee schedule, for work performed by the Real Property Tax Service Office, shall take effect January 1, 2003.

SCHUYLER COUNTY REAL PROPERTY TAX SERVICE OFFICE FEE SCHEDULE

Blueprint Machine Copy Costs: 30” X 42” $6.00

24” X 36” 5.00

17” X 22” 4.00

Photocopy Machine Copy Costs: 11” x 17” .50

8.5” X 14” .25

8.5” X 11” .25

Laserprinted copies .25

Computerized data retrieved through existing programs

and printed on stock paper (minimum charge $20.00) .25 / page

Computerized data retrieved through existing programs

and copied to 3.5” diskettes (minimum charge $20.00) 10.00 / diskette

Town map – composite / reduced size $ 6.00

County highway map 2.50

Labels .05

Village Assessment Rolls 25.00

County Roll on diskettes 150.00

Town Assessment Rolls:

Catharine $44.10 Montour $51.10

Cayuta 17.50 Orange 44.10

Dix 88.20 Reading 50.05

Hector 122.15 Tyrone 61.95

VOTE: Passed 8-0.

RESOLUTION NO. 435 Motion by Karius, Second by Larison.

RE: ENCOURAGE SUPPORT OF THE UPSTATE DAIRY INDUSTRY

WHEREAS, Schuyler County has long relied on the dairy industry to support the local economy, maintain a stable tax base and provide a quality of life that is enjoyed by the County’s residents, and

WHEREAS, recent milk prices have fallen considerably, and

WHEREAS, for many farmers this price is below the cost of production, and

WHEREAS, the Federal Farm Bill recently adopted is designed to provide relief for dairy farmers during times of low farm milk prices, and

WHEREAS, this relief is not being delivered to the farmers in a timely manner, and

WHEREAS, the current Federal Farm Bill appears to be a flawed proposal for only temporary relief.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the expedited release of the Milk Income Lass Contract (MILC) payments, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges the Federal Government to enforce the existing tariffs and quotas on the importation of cheese, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges the Federal Government to seek a long term, equitable and more permanent solution to this crisis in the dairy industry, particularly in the Northeastern United States, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature forward copies of this resolution to the Commissioner of Agriculture and Markets, the Governor, Congressman Mike McNulty, Senators Charles Schumer and Hillary Clinton, the head of the United States Department of Agriculture, New York State Association of Counties, Inter-County Association of Western New York and all others deemed necessary and proper.

VOTE: Passed 8-0.

RESOLUTION NO. 436 Motion by Bingell, Second by Larison.

RE: AUTHORIZATION OF CONTRACT WITH CATHOLIC CHARITIES FOR NON-RESIDENTIAL DOMESTIC VIOLENCE SERVICES (ROUND TWO) AND AMEND 2002 BUDGET ‑ SOCIAL SERVICES

WHEREAS, the State of New York has allocated an additional $25,000 for non-residential domestic violence services provided through June 30, 2003, to the Schuyler County Department of Social Services, and

WHEREAS, the Department of Social Services wishes to contract with Catholic Charities for these services.

NOW, THEREFORE, BE IT RESOLVED, that a new contract is authorized between the Department of Social Services and Catholic Charities for Non-Residential Domestic Violence services from July 1, 2002, to June 30, 2003, and

BE IT FURTHER RESOLVED, that the Treasurer is authorized to amend the Department of Social Services 2002 budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+ $25,000 6010.370 Non Residential DV Services

+ $25,000 6010-4610 Federal Aid - Administration

VOTE: Passed 8-0.

RESOLUTION NO. 437 Motion by Bingell, Second by Larison.

RE: RESOLUTION IN SUPPORT OF LEGISLATION TO DENY JURISDICTIONS AUTHORITY TO TAX THE TIMBER GROWN ON PRIVATE PROPERTY

WHEREAS, the State Forest Practice Board is an advisor to the Commissioner of the Department on Environmental Conservation (DEC), and

WHEREAS, the Federal Government and probably every State in the Union have conservation programs encouraging the planting and nurturing of trees, and

WHEREAS, the definition of real property as defined in New York State Real Property Tax Law (RPTL) Section 102 (12) (a) includes trees and undergrowth in said definition, and

WHEREAS, the Revised Open Space Conservation Plan in New York State 2001 repeatedly recommends tax incentive programs for private property owners to maintain forest lands and “working landscapes” for the economic contributions from wood products, enhanced quality of air and water, as habitat for wildlife and to provide recreational opportunities for the public, and

WHEREAS, the New York State Legislature has twice recognized in the past, the inability to sustainably manage forest lands without property tax relief in RPTL Section 480, and RPTL Section 480a, relief which is unattractive if the timber will be taxed, and

WHEREAS, to tax timber and reflect periodic changes in the values thereof by any fair and equitable basis from year to year as a result of harvests and natural events would require competent appraisals and possibly create conditions resulting in premature harvests, subsequent land abandonment, and the loss of private ownership of open space as has occurred in the past, and

WHEREAS, the private ownership of property is a fundamental American right and the individual’s dream.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature request the New York State Commissioner of the Department of Conservation seek and support legislation to deny jurisdictions authority to tax the timber grown on private property.

VOTE: Passed 8-0.

RESOLUTION NO. 438 Motion by Marvel, Second by Bingell.

RE: RESOLUTION IN SUPPORT OF LEGISLATION TO PLACE A TARIFF-RATE QUOTA ON IMPORTS OF MILK PROTEIN CONCENTRATES AND CASEIN

WHEREAS, agriculture is recognized as one of the most important economic sectors in most New York State Counties, and

WHEREAS, the dairy sector has an economic multiplier effect of greater than two, therefore generating even more jobs and income in these counties, and

WHEREAS, farming is a unique, often family-based, occupation that requires an unusual personal commitment and investment and that cannot be changed, and

WHEREAS, dairy farmers are now threatened by extreme swings in the price of milk, which have varied up to 25% in a single year, and

WHEREAS, dairy farmers are also threatened by the unrestricted importation of milk protein concentrates (MPCs) and casein, which are nonfat milk byproducts used in the manufacture of food, medicine, cosmetics, animal feed and industrial products, and

WHEREAS, MPCs and casein are not classified as nonfat milk products for the purpose of tariffs or quotas under federal law, and

WHEREAS, as a result, the amount of MPCs and casein imported into the US from other countries has increased by 60% from 1995-2000, estimated by the National Milk Producers Federation in 2000 to be between 955 million and 1.1 billion pounds of US produced nonfat dry milk powder, and

WHEREAS, many cheeses and cheese food products manufactured and marketed in the US contain imported MPCs and casein.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the passage of legislation, which would place a tariff-rate quota on imports of MPCs and casein in order to eliminate the exception currently in effect (currently numbers are HR 11786 and S 847 co-sponsored by Senators Schumer and Clinton), and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges Congress and appropriate federal departments and agencies to develop regulations or enact legislation that would ensure both a reasonable and stable milk price for milk producers, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges the National Association of Conservation Districts to support this effort.

VOTE: Passed 8-0.

RESOLUTION NO. 439 Motion by Bingell, Second by Larison.

RE: AMEND 2002 BUDGET – REAL PROPERTY TAX AGENCY

WHEREAS, funding is available in a grant from Senator Kuhl for completion of the tax map digitizing project.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the Real Property Tax Service Agency’s 2002 budget as follows:

AMOUNT ACCOUNT NUMBER DESCRIPTION

+ $11,600 1355.435 Professional Fees & Services

+ $11,600 1355-3040 State Aid

VOTE: Passed 8-0.

RESOLUTION NO. 440 Motion by Bingell, Second by Larison.

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 $3,218.51 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 $3,218.51 to the Town of Hector for road maintenance in the Hector Land Use Area.

VOTE: Passed 8-0.

RESOLUTION NO. 441 Motion by Bingell, Second by Larison.

RE: AUTHORIZE INCREASE IN CIVIL SERVICE APPLICATION FEES – PERSONNEL

WHEREAS, the Management and Finance Committee recommends an increase in application fees.

NOW, THEREFORE, BE IT RESOLVED, that effective January 1, 2003 the Schuyler County Civil Service application fees will be in effect, as follows:

Deputy Sheriff/Police Officer $25.00

All other competitive positions 15.00

All non-competitive/labor positions 10.00

VOTE: Passed 8-0.

RESOLUTION NO. 442 Motion by Larison, Second by Bingell.

RE: MOTION TO BRING THREE (3) RESOLUTIONS TO THE FLOOR

BE IT RESOLVED, that three (3) Resolutions be brought to the floor.

VOTE: Passed 8-0.

RESOLUTION NO. 443 Motion by Bleiler, Second by Bingell.

RE: AUTHORIZE TO AMEND 2002 BUDGET – YOUTH BUREAU

WHEREAS, the Schuyler County Youth Bureau is the overseeing body for the Families First Program, and

WHEREAS, equipment, furniture and supplies need to be purchased for the start up of the program.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2002 Youth Bureau budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$18,000 7310.200 Office Furniture

+$12,000 7310.308 Families First

+$30,000 7310-2389 Revenue – Other Home & Community Services

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

RESOLUTION NO. 444 Motion by Bleiler, Second by Bingell.

RE: AUTHORIZE GRANT APPLICATION FOR TOBACCO-USE PREVENTION OF SCHUYLER COUNTY YOUTH – YOUTH BUREAU

WHEREAS, the Youth Bureau is interested in pursuing the Southern Tier Tobacco Coalition (STTAC) grant that will provide Schuyler County youth with the opportunity to participate in positive activities that are tobacco-free, and

WHEREAS, the grant, which will provide between $500 and $12,000 in funding, would provide the Youth Bureau the ability to offer Schuyler County youth avenues for recreational and social activities at no cost to the youth, and

WHEREAS, the project for this grant must be completed within one year of the 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 application for STTAC funding and any subsequent contracts; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 445 Motion by Bleiler, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE FURNITURE – SOCIAL SERVICES

WHEREAS, the Department of Social Services requires new workstations for the Children Services Unit moving to a new location, and

WHEREAS, funds are available in the department’s 2002 Personal Services budget.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $42,000 from 6010.100-Personal Services to account no. 6010.279-Room Dividers/Workstations.

VOTE: Passed 8-0.

NEW BUSINESS: None.

UNFINISHED BUSINESS: None.

REPORT ON STANDING COMMITTEES:

Legislator Hastings reported on the Health Services Committee. She asked George Roets, Director of Community Services/Public Health, to report on the bioterrorism meeting. George reported that the federal government is considering giving vaccines to the entire population. The meeting called community members, physicians, pharmacists, etc. together. They did not get a great turnout. He explained that they are preparing themselves for the strong possibility of doing mass vaccinations. It would take 100 individuals to do a ten-day process for everyone in the county. They are working with the Red Cross and the hospitals to be prepared to do this. The public and Legislature will be hearing more on the radio and in written form. The small pox is what they are focusing on right now.

Legislator Young reported on the Community Development and Natural Resources Committee. She reported that $235,000 representing the bankruptcy estate for Shepard Niles is being paid to the retirees, thanks to SCOPED and SCIDA. The retirees will receive a distribution soon. There will be forty-two new jobs at the Shepard Niles site. She thanked SCOPED and SCIDA and David Meade, the Empire Zone Coordinator, who have helped with this cause. She also reported that they just received the draft of the three-town planning process for District I. The Town of Orange now has a planning board. It is delightful for her to see three townships working together.

Legislator Bleiler reported on the Human Services Committee. The Commissioner of Social Services reported to committee that earlier this year we were number one for paternity establishment. We also were number two in the state. We are better than average with all categories that the State measures and he gave some statistics.

Legislator Marvel reported on the Management and Finance Committee. They have had budget workshops for almost two weeks now. They will be turning the budget over to the Legislature on November

16^th.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 7:36 P.M.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

SPECIAL MEETING

NOVEMBER 25, 2002

The November 25, 2002 Special Meeting of the Schuyler County Legislature was called to order at 11:34 a.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 was also present.

PUBLIC PARTICIPATION: None.

RESOLUTION NO. 446 Motion by Larison, Second by Young.

RE: RATIFICATION OF SPECIAL MEETING

1. Allow Alterations to the Tentative Budget for 2003.

VOTE: Passed 8-0.

RESOLUTION NO. 447 Motion by Larison, Second by Bingell.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – PUBLICITY

BE IT RESOLVED, that the Tentative Budget for 2003 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

-$ 15,000 6410.558 Chamber of Commerce

+$ 15,000 6410.311 Corning Enterprises

DISCUSSION: Legislator Bingell clarified that by giving these funds to the Chamber of Commerce, that the funds would still go towards Finger Lakes Wine Country. Chairman Gifford responded affirmatively.

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

RESOLUTION NO. 448 Motion by Bleiler, Second by Karius.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SOCIAL SERVICES

BE IT RESOLVED, that the Tentative Budget for 2003 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

+$500 6010.479 Records Management

+$204 6010-4610 Federal Aid

+$ 73 6010-3610 State Aid

+$223 TOTAL LOCAL SHARE

VOTE: Passed 8-0.

RESOLUTION NO. 449A Motion by Young, Second by Bleiler.

RE: MOTION TO AMEND RESOLUTION NO. 449 – FAILED

BE IT RESOLVED, that Resolution No. 449 be amended to add an additional $200,000 to the Resolution.

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

RESOLUTION NO. 449B Motion by Marvel, Second by Karius.

RE: MOTION TO AMEND RESOLUTION NO. 449

BE IT RESOLVED, that Resolution No. 449 be amended to add a Be It Further Resolved clause to read as follows:

“BE IT FURTHER RESOLVED, that $100,000 of Fund Balance be appropriated.

VOTE: Passed 7-1. No: Hastings.

RESOLUTION NO. 449 Motion by Larison, Second by Bingell.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – CONTINGENCY – AS AMENDED

BE IT RESOLVED, that the Tentative Budget for 2003 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

+$100,000 1990.500 Contingency Account, and

BE IT FURTHER RESOLVED, that $100,000 of Fund Balance be appropriated.

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

RESOLUTION NO. 450A Motion by Bleiler, Second by Larison.

RE: MOTION TO AMEND RESOLUTION NO. 450 – FAILED

BE IT RESOLVED, that Resolution No. 450 be amended to remove the Caseworker position from the Resolution to have the budget modification now read as follows:

“BE IT RESOLVED, that the Tentative Budget for 2003 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

-$30,568 3110.100 Sheriff Personal Services (Deputy Sheriff Sgt.)

-$13,520 Various Fringe Benefit Accounts

-$ 3,417 3140.100 Probation Personal Services

-$ 470 Various Fringe Benefits

-$ 1,640 3140-3310 State Aid

-$46,335 TOTAL LOCAL SHARE”.

DISCUSSION: Legislator Bleiler said he will not support this resolution because of the Social Services position included in the resolution. Legislator Hastings feels this needs to be done for the taxpayers. Legislator Bingell said the county also needs to provide services to the taxpayers.

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

RESOLUTION NO. 450B Motion by Bingell, Second by Bleiler.

RE: MOTION TO TABLE RESOLUTION NO. 450

BE IT RESOLVED, that Resolution No. 450 be tabled for further discussion.

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

RESOLUTION NO. 450 Motion by Larison, Second by Marvel.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358/ DIRECT HIRING FREEZE ON CERTAIN VACANT POSITIONS - TABLED

BE IT RESOLVED, that the Tentative Budget for 2003 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

-$30,568 3110.100 Sheriff Personal Services (Deputy Sheriff Sgt.)

-$13,520 Various Fringe Benefit Accounts

-$26,619 6010.100 Social Services Personal Services (Caseworker)

-$ 7,834 Various Fringe Benefit Accounts

-$ 5,100 6010-4610 Federal Aid

-$10,353 6010-3610 State Aid

-$ 3,417 3140.100 Probation Personal Services

-$ 470 Various Fringe Benefits

-$ 1,640 3140-3310 State Aid

-$65,335 TOTAL LOCAL SHARE

RESOLUTION NO. 451 Motion by Bingell, Second by Marvel.

RE: AUTHORIZE EARLY RETIREMENTS FOR 2003

WHEREAS, the Schuyler County Legislature elected to provide all of its eligible employees with a retirement incentive program authorized by Chapter 69, Laws of 2002 per Local Law No. 5 of the year 2002, and

WHEREAS, the open enrollment period has expired and the Personnel Office has determined the employees who are eligible and desirous to participate in said program.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize early retirement for:

NAME TITLE DEPARTMENT

Noreen Brown Principal Social Welfare Examiner Department of Social Services

Sue Rounds Account Clerk Typist Public Health Department

Peter Lawrence Social Work Assistant Mental Health Department

Bonnie Lokken Coordinator of Services Office for the Aging

Kenneth Switzer Correctional Officer Sheriff’s Department

Doris Craig Personnel Officer Civil Service/Personnel Department

William Randolph Emergency Management Coordinator Emergency Management

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

RESOLUTION NO. 452 Motion by Hastings, Second by Bingell.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – COUNTY CLERK

BE IT RESOLVED, that the Tentative Budget for 2003 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

+$ 2,000 1410-1255 County Clerk Fees

VOTE: Passed 8-0.

WITHDRAWN

RE: FREEZE ON HIRING FOR 2003 - WITHDRAWN

WHEREAS, the Schuyler County Legislature is deeply concerned about the fiscal health of our county government and the increasing financial responsibilities of our taxpayers.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature declare a freeze on hiring of new personnel, whether it be to a newly created position or to a vacancy created within the department by the resignation, retirement or removal of an employee, unless such hiring shall be specifically authorized by Resolution of this Legislature, said freeze to commence January 1, 2003 and continue in full force and effect until December 31, 2003.

RESOLUTION NO. 453 Motion by Larison, Second by Bingell.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – EMERGENCY MANAGEMENT

BE IT RESOLVED, that the Tentative Budget for 2003 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

+$ 350 3689.328 Cellular Phone

- $ 350 3689.439 Telephone

VOTE: Passed 8-0.

RESOLUTION NO. 454 Motion by Bingell, Second by Larison.

RE: RESOLUTION OF THE SCHUYLER COUNTY LEGISLATURE REPEALING THE SALES AND COMPENSATING USE TAX EXEMPTION FOR CLOTHING AND FOOTWEAR, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK – FAILED

Be it enacted by the Schuyler County Legislature as follows:

Section 1. Subdivision h of section six of Resolution No. 256A of 1966, as amended, which subdivision exemption certain clothing and footwear from sales and compensating use taxes, is hereby repealed.

Section 2. This Resolution shall take effect on March 1, 2003, and shall apply to sales made and uses occurring on or after that date although made or occurring under a prior contract.

VOTE: Failed 4-4. Noes: Young, Karius, Bleiler, Hastings.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 12:13 P.M.

Gail M. Hughey, Clerk

SPECIAL MEETING

DECEMBER 3, 2002

The December 3, 2002 Special Meeting of the Schuyler County Legislature was called to order at 11:00 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present except Legislator Hastings who was excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

RESOLUTION NO. 455 Motion by Bingell, Second by Young.

RE: RATIFICATION OF SPECIAL MEETING

1. Allow Alterations to the Tentative Budget for 2003.

2. Set Public Hearing on the Completion and Filing of the Waneta/Lamoka Lakes Rehabilitation Districts.

VOTE: Passed 7-0.

RESOLUTION NO. 456 Motion by Bingell, Second by Larison.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – CIVIL SERVICE/PERSONNEL

BE IT RESOLVED, that the Tentative Budget for 2003 be altered and modified by the division of the Civil Service/Personnel Budgets, as follows:

ACCOUNT NO. 1430.

Personnel

0.1 Personal Services

Additional Salary for Legislative Clerk $14,724

Personnel Assistant-Pat Emery $28,703

Personnel Clerk-Donna Hyer $24,463

TOTAL PERSONAL SVCS. $67,890

0.2 Equipment $0

TOTAL EQMT. $0

0.4 Contractual

0.409 Conference $500

0.410 Copier $2,520

0.426 Equipment Maintenance $150

0.430 Mileage $100

0.429 Medical Supplies $3,500

0.431 Office Supplies $1,000

0.433 Postage $800

0.435 Professional Fees/Svcs. $20,000

0.439 Telephone $500

TOTAL CONTRACTUAL $29,070

TOTAL EXPENSES $96,960

Revenues: WGI TOTAL REVENUES -$2,000

TOTAL LOCAL SHARE $94,960

ACCOUNT NO. 1431.

Civil Service

0.1 Personal Services

Personnel Officer - Helen Thingvoll $34,007

Civil Service Clerk - Rose Salbego $23,934

Overtime $600

TOTAL PERSONAL SVCS. $58,541

0.2 Equipment

TOTAL EQMT. $0

0.4 Contractual

0.402 Advertising $13,000

0.403 Dues $100

0.409 Conference $800

0.410 Copier $300

0.417 Monitors/Readers $500

0.426 Equipment Maintenance $150

0.430 Mileage $400

0.431 Office Supplies $1,000

0.433 Postage $1,000

0.439 Telephone $500

0.459 Training $1,250

0.578 Computer Software $3,520

TOTAL CONTRACTUAL $22,520

TOTAL EXPENSES $81,061

Revenues: Personnel Fees TOTAL REVENUES -$3,000

TOTAL LOCAL SHARE $78,061

-$31,711 TOTAL LOCAL SHARE DECREASE

DISCUSSION: Legislator Marvel explained that the current cost is $204,000 for these two departments. This proposal saves almost $33,000. The proposal requires these four resolutions to effectuate the change. He explained the resolutions in detail. The Clerk of the Legislature explained the effective dates for the implementation of the new Personnel Officer and the Human Resources Manager. Legislator Larison asked who would be responsible for the civil service work. Legislator Marvel said Helen Thingvoll and Rose Salbego would be doing that work and they are both trained and qualified. Legislator Larison asked if this would resolve the issues with work not getting done. The Clerk affirmed that as the goal of this proposal. Legislator Bleiler had a concern with the workload of the other employees. The Clerk explained that she hoped to make efficiencies, which will balance out the workload. It may be something they need to address at a later date. Legislator Larison questioned the use of labor counsel and wanted to know if they were being careful enough. It was explained that this is a trial proposal and that there will be an out for both parties if this does not work.

VOTE: Passed 7-0.

RESOLUTION NO. 457 Motion by Bingell, Second by Larison.

RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN RELATIVE TO GRADE LEVEL FOR PERSONNEL OFFICER AND AUTHORIZE APPOINTMENT AND SET SALARY – PERSONNEL OFFICER

WHEREAS, the office of Civil Service/Personnel is going to be divided into separate entities commencing January 1, 2003, and

WHEREAS, the segregation of these functions is going to remove the human resources duties from the Personnel Officer position, and

WHEREAS, the Personnel Officer has conducted a factor rating of the position, as revised, and recommends the following changes:

I Accountability 140

II Complex 112

III Independent Judgment 120

IV Impact of program 96

V Scope of contacts 64

VI Supervision 40

VII Education & Experience 70

TOTAL 642 = Grade G

NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the above change in the grade level of the Personnel Officer, and

BE IT FURTHER RESOLVED, that Helen Thingvoll be appointed Personnel Officer effective December 30, 2002 through December 29, 2008 at an annual salary for 2003 of $34,007.

VOTE: Passed 6-1. No: Karius.

RESOLUTION NO. 458 Motion by Bingell, Second by Larison.

RE: ASSIGN DUTIES OF HUMAN RESOURCE MANAGER TO CLERK TO THE LEGISLATURE/AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN AND SET SALARY ACCORDINGLY

WHEREAS, the office of Civil Service/Personnel is going to be divided into separate entities commencing January 1, 2003, and

WHEREAS, the segregation of these functions is going to remove the human resources duties from the Personnel Officer position and assign those duties to the Clerk to the Legislature, and

WHEREAS, the Personnel Officer has conducted a factor rating of the Clerk to the Legislature’s position, as revised, and recommends the following changes:

I Accountability 150

II Complex 160

III Independent Judgment 140

IV Impact of program 120

V Scope of contacts 110

VI Supervision 100

VII Education & Experience 90

TOTAL 860 = Grade J

NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the above change in the grade level of the Clerk to the Legislature/Human Resource Manager, and

BE IT FURTHER RESOLVED, that the salary of Gail M. Hughey shall be adjusted effective January 1, 2003 to $54,000.

VOTE: Passed 6-1. No: Karius.

RESOLUTION NO. 459 Motion by Bingell, Second by Larison.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – LEGISLATURE/BUILDINGS AND GROUNDS

WHEREAS, the position of Personal Secretary to the Legislature will be assigned duties in the Buildings and Grounds Department for 10 hours per week, effective January 1, 2003.

NOW, THEREFORE, BE IT RESOLVED, that the Tentative Budget for 2003 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

- $6,366 1010.100 Personal Services

+$ 744 1620.100 Personal Services

- $5,622 TOTAL LOCAL SHARE DECREASE

VOTE: Passed 7-0.

RESOLUTION NO. 460 Motion by Marvel, Second by Bingell.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – OTHER ECONOMIC OPPORTUNITY

BE IT RESOLVED, that the Tentative Budget for 2003 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

+11,240 6989.400 Contractual Expense (SCOPED)

DISCUSSION: Legislator Marvel stated that SCOPED is faced with some major expenses. The amount in this resolution represents the Town of Hector’s contribution. Chairman Gifford explained that when the Empire Zone was implemented there was supposed to be no cost, but is not the case. The $59,000 anticipated toward the Empire Zone Program was reduced to $45,000. They also need to be able to have cash matches for grants. Legislator Bleiler said he greatly appreciates SCOPED, but at the same time, he feels they are creating something that is unhealthy when they reduce our Social Services programs and increase this program.

VOTE: Passed 7-0.

RESOLUTION NO. 461 Motion by Karius, Second by Young.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – BOARD OF ELECTIONS

BE IT RESOLVED, that the Tentative Budget for 2003 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

-$10,684 1450.100 Personal Services (Deputy Commissioners

at 28 hours per week)

VOTE: Passed 7-0.

RESOLUTION NO. 462 Motion by Bingell, Second by Karius.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT

BE IT RESOLVED, that the Tentative Budget for 2003 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

+$15,000 8740.400 Contractual Expense

+$15,000 8740-1030 Special Assessments

VOTE: Passed 7-0.

WITHDRAWN

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – RETIREMENT - WITHDRAWN

BE IT RESOLVED, that the Tentative Budget for 2003 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

No information provided.

RESOLUTION NO. 463 Motion by Bingell, Second by Bleiler.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – CENTRAL GARAGE

BE IT RESOLVED, that the Tentative Budget for 2003 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

+$4,283 1640-1289 Central Garage Other Gov’t. Income

+$2,882 1622.309 Grounds Central Garage

+$ 589 6772.309 Office for the Aging Central Garage

+$3,940 3110.309 Sheriff Central Garage

- $3,600 3110.510 Sheriff Rentals (Vehicle Lease)

- $ 340 3110.444 Sheriff Car Operation & Expense

+$1,800 1620-2650 Buildings Sale of Scrap

+$ 400 3110-2650 Sheriff Sale of Scrap

+$2,600 6010-2650 Social Services Sale of Scrap

+$1,500 6772-2650 Office for the Aging Sale of Scrap

- $7,112 TOTAL LOCAL SHARE DECREASE

DISCUSSION: Legislator Karius said she will be opposing this Resolution. The Clerk explained the resolution in detail and noted that $6,300 of revenue can be added for the sale of surplus vehicles. Nancy pointed out that the interest rates on BANs to purchase the vehicles are lower than they are probably ever going to be.

VOTE: Passed 6-1. No: Karius.

RESOLUTION NO. 464 Motion by Larison, Second by Bingell.

RE: SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT

BE IT RESOLVED, that the Public Hearing on the Assessment Roll for the year 2002, for the budget year of 2003, for the Lamoka/Waneta Lakes Protection and Rehabilitation District shall be held on the 9^th day of December, 2002 at 7:00 P.M. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY and the Clerk of the Legislature is hereby authorized and directed to publish the Notice of Public Hearing as required by Section 270 of the County Law in the official newspaper of the County, and the Clerk is further directed to forward a certified copy of this resolution to the Attorney for the Lamoka/lWaneta Lakes Protection and Rehabilitation District, A. Thomas Galloway II, Esq., Orrick, Herrington & Sutcliffe, LLP, Fifth Avenue, New York, NY 10103: Christine Kane, Clerk, Steuben County Legislature; the Director of Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer.

VOTE: Passed 7-0.

RESOLUTION NO. 450 Motion by Bingell, Second by Marvel.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – DIRECT HIRING FREEZE ON CERTAIN VACANT POSITIONS

BE IT RESOLVED, that the Tentative Budget for 2003 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

-$30,568 3110.100 Sheriff Personal Services (Deputy Sheriff Sgt.)

-$13,520 Various Fringe Benefit Accounts

-$26,619 6010.100 Social Services Personal Services (Caseworker)

-$ 7,834 Various Fringe Benefit Accounts

-$ 5,100 6010-4610 Federal Aid

-$10,353 6010-3610 State Aid

-$ 3,417 3140.100 Probation Personal Services

-$ 470 Various Fringe Benefits

-$ 1,000 3140-3310 State Aid

-$65,975 TOTAL LOCAL SHARE

DISCUSSION: Legislator Bleiler said he still opposes freezing the Social Services position included in this resolution, but will support it because he supports the whole package. Legislator Larison said he has changed his mind and will be opposing the resolution because the Commissioner of Social Services feels he needs this position. Legislator Young asked if the caseworker position is the one who is supposed to help with the Families First Program. William Weiss, Commissioner of Social Services, responded affirmatively. Legislator Young said she is confused because the funds for Families First are still in the budget. Legislator Bleiler said the filling of a Sr. Social Welfare Examiner needs to happen. Bill Weiss said his temporary assistance workers are more important than preventive services workers, if he were to make a choice. He needs to be able to provide temporary assistance services, i.e. HEAP, food stamps, public assistance. It appears to him that they might have some grant funds available for that caseworker, but he is not sure of the status of those funds yet.

VOTE: Passed 7-0.

NEW BUSINESS:

Gail M. Hughey, Clerk

REGULAR MEETING

DECEMBER 9, 2002

The December 9, 2002 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 Legislators Hastings, Karius and Bingell who were excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

6:33 P.M. – PRESENTATION BY DR. AMANN, PRESIDENT OF CORNING COMMUNITY COLLEGE:

Dr. Amann recollected last year’s presentation regarding chargebacks. He is not here tonight to discuss that. He did report that they did have the support of Steuben and Schuyler County, but did not receive the support from Chemung County. He did, however, feel it was necessary to come back to speak to the Legislature to give an update on the college. Their enrollment has increased again this year. It is near its all time high. He gave some statistics on enrollment. They also have 25 employees that live in Schuyler County. There are a number of programs doing well this year, including the nursing program. They recently struck an arrangement with Corning Hospital for nursing students. There are also some initiatives that are ongoing about spreading the college’s services outside of Corning. He assured the Legislature that Corning Community College is fiscally sound these days.

Tom Carr handed out a status report on the college’s finances. He reviewed the last year’s budget that ended August 31, 2002. They had a surplus of $500,000. He discussed the building of their fund balance. They adopted a plan to generate 15% of annual revenues in a fund balance. They are currently at 10%. They are also seeing more full-time students. He discussed the facilities master plan. Dr. Amann stated that they are the only community college in New York State that still has a $200 chargeback, all others are at $300. Legislator Young talked about reducing services and faculty, but raising the fund balance. Dr. Amann discussed the day-to-day expenses of the college and he feels even though they are reducing the staff a bit, he believes it has not diminished services to the students.

7:00 P.M. – PUBLIC HEARING ON THE ASSESSMENT ROLL FOR THE YEAR 2002, FOR THE BUDGET YEAR OF 2003, FOR THE WANETA/LAMOKA LAKES REHABILITATION DISTRICTS:

Dennis Fagan wanted to publicly thank County Attorney Coleman, Real Property Tax Director Thomas Bloodgood, and the Treasurer, Nancy Peters, for facilitating the implementation of this project. There was no other public comment.

RESOLUTION NO. 473 Motion by Larison, Second by Marvel.

RE: APPROVE MINUTES OF THE MARCH 11, 2002 REGULAR MEETING, APRIL 8, 2002 REGULAR MEETING, AND MAY 6, 2002 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the March 11, 2002 Regular Meeting, April 8, 2002 Regular Meeting, and May 6, 2002 Special Meeting of the Schuyler County Legislature be hereby approved.

VOTE: Passed 5-0.

RESOLUTION NO. 474 Motion by Marvel, Second by Larison.

RE: AUTHORIZE AGREEMENT WITH INFORMATION TECHNOLOGY DEPARTMENT - PUBLIC AND MENTAL HEALTH

WHEREAS, the Information Technology Department provides support services for information technology to both the Public and Mental Health Departments.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Information Technology Department for support services for the term January 1, 2002 through December 31, 2002, to be renewed annually on a calendar year, funding available in the 2002 Public Health budget in the amount of $3,000 from account no. 4010.400 and in the 2002 Mental Health budget in the amount of $4,000 from account no. 4310.435, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 5-0.

RESOLUTION NO. 475 Motion by Marvel, Second by Larison.

RE: AUTHORIZE AGREEMENT WITH IVANS, INC.– PUBLIC HEALTH

WHEREAS, Public Health has used a remote access service to submit, check and correct Medicare bills, and

WHEREAS, this service is no longer available, and

WHEREAS, Ivans, Inc. is a Communications Service, which provides communication, information, database or computing services to allow the electronic submission and correction of Medicare bills for the charges listed below:

Monthly Service Charge $7.00

Charge for Prime-Time use of SNA Dial, prorated $5.50 / hour

Charge for Non Prime-Time use of SNA Dial, prorated $3.25 / hour

Fee 800 Number, if used, prorated $5.50 / hour.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Ivans, Inc for Medicare billing services as set forth above, effective immediately through December 31, 2003, funding available in the Public Health budget, account no. 4010.532, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 5-0.

RESOLUTION NO. 476 Motion by Marvel, Second by Larison.

RE: AUTHORIZE AGREEMENT WITH HUMAN SERVICE DEVELOPMENT FOR EMERGENCY (BIOTERRORISM) PLANNING – PUBLIC HEALTH

WHEREAS, Bioterrorism Planning is required by the NYS Department of Health, and

WHEREAS, Human Service Development is able to provide coordination of Public Health emergency planning and preparation services.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a agreement with Human Service Development for emergency planning coordination services, in an amount not to exceed $17,500.00, effective October 1, 2002 through July 31, 2003, funding available in the Public Health Bioterrorism grant budget, account no. 4010.400-4018, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 5-0.

RESOLUTION NO. 477 Motion by Larison, Second by Marvel.

RE: AUTHORIZE TRANSFER OF FUNDS – MENTAL HEALTH

WHEREAS, expenses have been higher than anticipated with the addition at Mill Creek Center, and

WHEREAS, budget changes have been made to accommodate the increased cost associated with new personnel and the addition of a staff psychiatrist, i.e. insurance, and

WHEREAS, there are funds available in the Personal Services account to cover this need, and

WHEREAS, said funds are 100% reimbursable and could not be returned to the County’s General Fund if unspent.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer funds in the 2002 Mental Health budget as follows:

ACCOUNT NO. DESCRIPTION AMOUNT

4310.100 Personal Services - $23,190

4310.417 Cleaning + $ 4,190

4310.435 Professional Fees + $ 4,000

4310.440 Travel + $ 2,500

4310.442 Utilities + $ 2,500

4310.446 Rent + $10,000

TOTAL + $23,190

VOTE: Passed 5-0.

RESOLUTION NO. 478 Motion by Larison, Second by Marvel.

RE: AMEND PATHWAYS, INC. AGREEMENT – MENTAL HEALTH

WHEREAS, the Mental Health Clinic contracts with Pathways, Inc. for respite services for children and youth in the Intensive Case Management Program, and

WHEREAS, the respite services provided thus far this year have been greater than anticipated.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the agreement with Pathways, Inc. to increase the total amount of funds for respite services by $1,500, funding available in the 2002 Mental Health budget, account 4310.435; subject to approval by the Schuyler County Attorney.

VOTE: Passed 5-0.

RESOLUTION NO. 479 Motion by Larison, Second by Marvel.

RE: AUTHORIZE AGREEMENT WITH DR. JOSEPH WAKSHLAG – PUBLIC HEALTH

WHEREAS, the County has to provide rabies vaccination clinics, and

WHEREAS, Dr. Joseph Wakshlag works with an established veterinarian who provides services for these clinics.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Dr. Joseph Wakshlag to provide services for the rabies clinics, effective October 1, 2002 through December 31, 2002, to be renewed annually on a calendar year, in the amount of $25.00 per hour, funding available in the 2002 Public Health budget, account no. 4042.435, subject to approval by the Schuyler County Attorney.

VOTE: Passed 5-0.

RESOLUTION NO. 480 Motion by Larison, Second by Bleiler.

RE: APPROVAL OF THE OFFICE FOR THE AGING 2003 ANNUAL IMPLEMENTATION PLAN FOR THE OLDER AMERICANS ACT AND NEW YORK STATE COMMUNITY SERVICES FOR THE ELDERLY PROGRAMS

WHEREAS, the Schuyler County Legislature has established an Office for the Aging in Schuyler County, and

WHEREAS, the Office for the Aging is required to submit an Annual Implementation Plan, which includes plans for programs operated by the Office for the Aging, as follows:

Title IIIB of the Older American’s Act

Titles IIIC1 and IIIC2 of the Older American’s Act

Title IIID of the Older American’s Act

Title IIIE of the Older American’s Act

Title V of the Older American’s Act

Title VII of the Older American’s Act

The Weatherization Referral & Packaging Program

Health Insurance Information, Counseling and Assistance Program

Community Services for the Elderly Program

Congregate Services Initiative Program

Home Energy Assistance Program

Expanded In-Home Services for the Elderly Program (EISEP)

Supplemental Nutrition Assistance Program (SNAP)

NYS Long-Term Care Ombudsman Program, and

WHEREAS, the plan requires approval by the Schuyler County Legislature prior to submittal to the state, and

WHEREAS, the Public Hearing on the Annual Implementation Plan was held on October 4, 2002 at 1:00 P.M., and

WHEREAS, no Federal and New York State funding will be available until the plan has been approved by the Schuyler County Legislature and submitted to the NYS Office for the Aging and approved.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign those funding applications necessary to carry out the services provided by the Schuyler County Office for the Aging, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign those contracts and agreements necessary to carry out the services provided by the Schuyler County Office for the Aging, contracts or agreements; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 5-0.

RESOLUTION NO. 481 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD

BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of John Marx to the Schuyler County Youth Board for the term January 1, 2003 through December 31, 2005.

VOTE: Passed 5-0.

RESOLUTION NO. 482 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE CONTRACT WITH BOBBY K ENTERTAINMENT FOR THE MIDDLE SCHOOL YOUTH NIGHT

WHEREAS, the Youth Bureau, in cooperation with Schuyler County Reality Check, is sponsoring a Freaky Friday Fun Night on Friday, December 13, 2002 at the Watkins Glen Middle School, and

WHEREAS, a game for the youth night will be provided by Bobby K Entertainment at a cost of $225, to be paid for from the Southern Tier Tobacco Coalition mini-grant.

NOW, THEREFORE, BE RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with Bobby K Entertainment as set forth above, effective immediately through December 31, 2002; subject to the approval be the Schuyler County Attorney.

VOTE: Passed 5-0.

RESOLUTION NO. 483 Motion by Young, Second by Bleiler.

RE: AUTHORIZE CONTRACT RENEWAL WITH CORNELL COOPERATIVE EXTENSION FOR FOOD STAMP NUTRITION PROGRAM – SOCIAL SERVICES

WHEREAS, Schuyler County was notified that the Federal Reimbursable program was approved in the amount of $131,136.00, ($65,568 local share, $65,568 federal share) for the period October 1, 2002 to September 30, 2003.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Cornell Cooperative Extension for the Department of Social Services for the New York State’s Food Stamp Nutrition Education Plan for the period October 1, 2002 through September 30, 2003, funding pending approval in the 2003 year Department of Social Services budget account no. 6010.566; subject to approval of the Schuyler County Attorney.

VOTE: Passed 5-0.

RESOLUTION NO. 484 Motion by Young, Second by Bleiler.

RE: SET DATE - 2002 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the final meeting of the year 2002 for the Schuyler County Legislature be held on Friday, December 27, 2002, in the Legislative Chambers at 4:00 P.M. and that appropriate legal notice be published in the official newspaper of the County.

VOTE: Passed 5-0.

RESOLUTION NO. 485 Motion by Young, Second by Bleiler.

RE: SET DATE - 2003 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the 2003 Organizational Meeting of the Schuyler County Legislature shall be held on Thursday, January 6, 2003 in the Legislative Chambers at 1:00 P.M. and that appropriate legal notice be published in the official newspaper of the County.

VOTE: Passed 5-0.

RESOLUTION NO. 486 Motion by Larison, Second by Marvel.

RE: AUTHORIZING DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW

WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax receipts for the period April 1, 2002 through September 31, 2002, pursuant to Section 261 of the New York State Tax Law, and the same has been apportioned to the various municipalities thereto.

VOTE: Passed 5-0.

RESOLUTION NO. 487 Motion by Larison, Second by Marvel.

RE: UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2002-2003

WHEREAS, the County Treasurer submitted to this County Legislature, pursuant to Section 1330 (5) of the Real Property Tax Law, a certified list of unpaid school taxes, which will be assessed and relevied, and

WHEREAS, pursuant to Section 1330 (4) of the Real Property Tax Law, this Board is required to pay the various Districts the amount of unpaid school taxes, as certified.

NOW, THEREFORE, BE IT RESOLVED, that said unpaid school taxes for the year 2002-03, as they appear on said certified list be, and the same hereby are, approved as of December 9, 2002, and the Real Property Tax Agency is hereby directed to assess and levy on the tax rolls of the several Towns against the property named in said certification any items of unpaid taxes therein set forth.

VOTE: Passed 5-0.

RESOLUTION NO. 488 Motion by Larison, Second by Marvel.

RE: AUTHORIZE TRANSFER OF FUNDS FOR COMPUTER EQUIPMENT – TREASURER

WHEREAS, the Treasurer recommends upgrading the County’s financial system software, and

WHEREAS, said upgrade will require new hardware in the office.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the amount of $6,000 from account no. 1325.435-Professional Fees and Services to account no. 1325.207-Computer, in order to make said purchases.

VOTE: Passed 5-0.

RESOLUTION NO. 489 Motion by Larison, Second by Marvel.

RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE EQUIPMENT – PROBATION

WHEREAS, the sum of $5,000.00 was placed in the 3140.0308 account for the Families First Program, and

	EXHIBIT "A"
	MORTGAGE TAX DISTRIBUTION AMONG TOWNS AND VILLAGES
APRIL 1, 2002 THROUGH SEPTEMBER 30, 2002

	In Assessed	Out Assessed	Total Value	Total Dbid.	Vill. Share	Town Share	Distribution	Percentage
Catharine	11,622,825	35,699,855	47,322,680	94,645,360	850.70	6,076.61	6,927.31	12.2804

Cayuta		16,997,151	16,997,151	33,994,302		1,811.01	1,811.01	0.0000

Dix WG	53,036,389	57,400,634	112,424,787	224,849,574	4,662.44	14,929.41	19,766.59	23.5875
Dix MF	1,987,764				174.74			0.8840

Hector	6,664,071	165,997,940	172,662,011	345,324,022	671.13	34,105.94	34,777.07	1.9298

Montour-OD	2,566,006	25,329,601	61,930,907	123,861,814	182.75	6,214.73	8,821.49	2.0717
Montour-MF	34,035,300				2,424.01			27.4784

Orange		21,790,110	21,790,110	43,580,220		10,500.79	10,500.79	0.0000

Reading	7,973,374	68,764,998	76,738,372	153,476,744	971.23	17,723.71	18,694.94	5.1952

Tyrone		86,833,053	86,833,053	173,666,106		10,030.49	10,030.49	0.0000

TOTALS	117,885,729	478,813,342	596,699,071	1,193,398,142	9,937.00	101,392.69	111,329.69	73.4270

WHEREAS, the Committee working on Families First has recommended purchasing much of the equipment out of the 2002 budget and the Probation Department receives 28 % State Aid for the purchase of computers, and

WHEREAS, it is the recommendation of the Families First Committee and the Public Safety/Criminal Justice Committee that the Probation Director purchase said equipment.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $5,000 from account no. 3140.308-Families First to account no. 3140.207-Computer.

VOTE: Passed 5-0.

RESOLUTION NO. 490 Motion by Larison, Second by Marvel.

RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE EQUIPMENT – COUNTY ATTORNEY

WHEREAS, it is necessary to provide a printer for the Second Assistant County Attorney and her secretary, and

WHEREAS, there are some funds available in the 1420.246 account to purchase an HP LaserJet printer, said printer will ensure permanent records management for all legal documents, and

WHEREAS, there are funds available in the 1420.407 account to make up the difference of $14.00.

NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Treasurer be hereby authorized to transfer $14.00 from account no. 1420.407-Books & Subscriptions, to account no. 1420.246-Printer, for the purchase of said printer.

VOTE: Passed 5-0.

RESOLUTION NO. 491 Motion by Larison, Second by Marvel.

RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO BE CHARGED ON THE JANUARY, 2003, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE

WHEREAS, the Town of Hector is desirous of having those delinquent in payment of water bills be charged on the 2003 Town and County tax bill, per Town resolution No. 184-02, as a separate item for the amount of the arrears.

NOW, THEREFORE, BE IT RESOLVED, that the delinquent water bills for the Town of Hector, be added to the January, 2003, Town and County tax bills as a separate item for the amount of the arrears, provided by Town Law, Article 12, Paragraph 198.

VOTE: Passed 5-0.

RESOLUTION NO. 492 Motion by Marvel, Second by Bleiler.

RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2003, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE

WHEREAS, certain property owners in the Town of Reading are delinquent in paying their sewer and water bills, and

WHEREAS, the Town of Reading is desirous of having those delinquent in payment of sewer and water bills be charged on the 2003 Town and County tax bills as shown in the Town of Reading Resolution No. 71-02.

NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of Reading, as shown on the attached Resolution of the Town of Reading, be added to the January, 2003, Town and County tax bill as a separate item for the arrears, as provided by Town Law Section 198, subsection 1(k).

VOTE: Passed 5-0.

RESOLUTION NO. 493 Motion by Marvel, Second by Bleiler.

RE: RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2003 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE

WHEREAS, the State Board of Real Property Services has established the County tax levy pursuant to Title 2 of Article 8 of the Real Property Tax Law, and a certificate of these rates has been received.

NOW, THEREFORE, BE IT RESOLVED, that the equalization rates for the 2003 Assessment Roll be adopted and the 2002 County equalization rates for the general levy and apportionment from the State Board of Real Property Services be entered in the minutes as follows:

TOWN OF CATHARINE 100.00 TOWN OF MONTOUR 100.00

TOWN OF CAYUTA 100.00 TOWN OF ORANGE 100.00

TOWN OF DIX 100.00 TOWN OF READING 100.00

TOWN OF HECTOR 100.00 TOWN OF TYRONE 100.00

VOTE: Passed 5-0.

RESOLUTION NO. 494 Motion by Marvel, Second by Bleiler.

RE: APPROVE APPLICATION FOR REFUND OF REAL PROPERTY TAXES – COUNTY OF SCHUYLER

WHEREAS, an application for refund of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL), for parcel 92.-2-26, County Reforestation Land in the Town of Orange, and

WHEREAS, it is the recommendation of the Director and Governmental Operations Committee to approve the application for the year 2002.

NOW, THEREFORE, BE IT RESOLVED, that the aforementioned application hereby be approved for the year 2002, and that the Treasurer be hereby authorized to issue a refund in the amount of $258.90, and

BE IT FURTHER RESOLVED, that $258.90 be charged to the County’s Uncollectible account.

VOTE: Passed 5-0.

RESOLUTION NO. 495 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE LEASE RENEWAL WITH FINGER LAKES ALCOHOL COUNSELING AND REHABILITATION ASSOCIATION (FLACRA) - BUILDINGS AND GROUNDS

WHEREAS, FLACRA has been using office space in the County Office Building, and

WHEREAS, the term of the lease will now be for a calendar year.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with FLACRA for rental of 80 sq. ft. of office space in the County Office Building, at a cost of $720, said lease to run from January 1, 2003, through December 31, 2003, subject to approval by the Schuyler County Attorney.

VOTE: Passed 5-0.

RESOLUTION NO. 496 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE EXTENSION OF CONTRACT WITH PENGUIN POLE , INC. – BUILDINGS AND GROUNDS

WHEREAS, Resolution No. 338-00 authorized a contract with Penguin Pole Inc. to cut certain timber in the County forest, and

WHEREAS, payment in full has been made for the timber, but the contractor has not yet completed the cutting.

NOW, THEREFORE, BE IT RESOLVED, that a two-month extension be granted to Penguin Pole, Inc. for cutting timber, as well as an extension through the end of May 2003 to pick up the timber off the landing area in the County forest, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution shall serve as documentation of the extension of time and become a part of the contract on file, subject to approval of the Schuyler County Attorney.

VOTE: Passed 5-0.

WITHDRAWN

RE: AUTHORIZE SALE OF SURPLUS COUNTY PROPERTY IN THE TOWN OF CATHARINE - WITHDRAWN

WHEREAS, Schuyler County holds title to Parcel 88.13-1-77 being a 2-acre parcel, more or less, in the Town of Catharine, and

WHEREAS, this parcel is no longer needed by the County.

NOW, THEREFORE, BE IT RESOLVED, that Parcel 88.13-1-77 be declared surplus in accordance with County Law Section 215, and

BE IT FURTHER RESOLVED, that Parcel 88.13-1-77 be sold at the next County property auction, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature and the County Attorney are hereby directed and authorized to take all steps necessary to complete the sale of said premises, to include the preparation and signature of all necessary conveyance documents, and

BE IT FUTHER RESOLVED, that the Clerk of the Legislature shall prepare a certified copy of this Resolution for transmittal to the County Attorney’s Office and recording in the Schuyler County Clerk’s Office at closing.

RESOLUTION NO. 497 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE CONTRACT FOR THE PURCHASE OF ELECTRICITY AND NATURAL GAS – BUILDINGS AND GROUNDS

WHEREAS, the deregulation of utilities in New York State has given the County the opportunity to seek the best price available for electricity and natural gas, and

WHEREAS, the choice of supplier has to be chosen before December 31, 2002.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with the supplier(s) who can provide the best price available for the purchase of electricity and natural gas for the year 2003, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 5-0.

RESOLUTION NO. 498 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE SEASONAL RATES FOR MARINA

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

WHEREAS, this Legislature has considered 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 2003 Seasonal Rate Schedule for its 145 available slips:

2003 SUMMER RATES (April 15, 2003 – October 30, 2003)

SLIP WIDTH SLIP FEE WATER & ELECTRIC

8' wide                   $1,015.00               $100.00
10' wide                 $1,040.00               $100.00
12' wide                 $1,075.00               $100.00
14' wide                 $1,165.00               $100.00
16' wide                 $1,265.00               $100.00

20 amp Service $100.00
30 amp Service $150.00

Dry Docking w/unlimited use of launch ramp $450.00

2003 TRANSIENT DOCK

Without Electric

Per hour        $    2.00
Per day         $ 40.00
Per week       $175.00
Per month      $600.00

LAUNCHING RAMP FEES

$4.00 per Launch (Tenants: no charge)
Unlimited Usage (October 31 through March 1): $45.00

TRUCK CRANE

Seasonal Tenants $65.00 per usage plus tax
Non-Tenants $75.00 per usage plus tax

WINTER STORAGE RATES

AT THE DOCK: $15.00 per foot (use of bubbler system is allowed with electrical charges billed additionally)
ON LAND: $8.00 per foot
HAULING OUT: $3.50 per foot each way

MISCELLANEOUS RATES AND CHARGES
PUMP OUT: $4.00 per pump out for tenants; $5.00 per pump out for non-tenants
TRAILER/CRADLE FEE: Minimum of $30.00 includes handling and storage

VOTE: Passed 5-0.

RESOLUTION NO. 499 Motion by Larison, Second by Bleiler.

RE: SET FEE SCHEDULE FOR WEIGHTS AND MEASURES INSPECTIONS

WHEREAS, the Public Works Committee recommends setting a fee schedule for the Weights and Measures Department.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves of the following fee schedule, for work performed by the Director of Weights and Measures, and shall take effect January 1, 2003:

SCALES PRICE

1. Up to and including 15 kg (33 lb) capacity $ 10.00

a. for each of the first five scales per establishment $ 5.00

b. for each scale per establishment after the first five $ 20.00

2. Over 15 kg and including 300 kg (661 lb) capacity $ 20.00

3. Over 300 kg and including 1,500 kg (3,307 lb) capacity $ 50.00

4. Over 1,500 kg and including 7,000 kg (15,432 lb) capacity $ 70.00

5. Over 7,000 kg and including 23,000 kg (50,706 lb) capacity $ 80.00

6. Over 23,000 kg capacity $100.00

7. Tank, batch and crane scales $100.00

WEIGHTS-FIELD STANDARD (CLASS F)

1. Up to and including 3 kg (7 lb) $ 4.00

2. Over 3 kg and including 30 kg (66 lb) $ 8.00

3. Over 30 kg and including 300 kg (661 lb) $ 16.00

4. Over 300 kg and including 1,200 kg (2,646 lb) $ 30.00

LINEAR FIELD MEASURES

1. Up to 1 m (39 in) $ 2.00

2. Over 1 m and including 16 m (52 ft) $ 8.00

3. Over 16 m and including 31 m (102 ft) $ 6.00

4. Over 31 m $ 10.00

5. Fabric measuring devices $ 10.00

6. Wire and cordage measuring devices $ 20.00

LIQUID MEASURES AND DEVICES

1. Liquid measures 20 L (5 gal) or less $ 4.00

2. Liquid pump (hand-operated) 20 L (5 gal) or less $ 10.00

PETROLEUM DISPENSING AND MEASURING DEVICES PRICE

1. Single dispensing pump $ 10.00

2. Dual dispensing pump $ 20.00

3. Blend dispensing pump $ 20.00

4. Grease and oil pump $ 4.00

VEHICLES

1. Metering systems 300 L/min (79 gpm) or less $ 50.00

2. Metering systems over 300 L/min $ 60.00

3. Compartment calibration:

a. Up to and including 3,000 L (793 gal) capacity $ 20.00

b. Over 3,000 L and including 6,000 L (1,585 gal) capacity $ 40.00

c. Over 6,000 L and including 12,000 L (3,170 gal) capacity $ 60.00

d. Over 12,000 L capacity $ 120.00

STATIONARY PETROLEUM METERING SYSTEMS

1. Up to 400 L/min (106 gpm) $ 50.00

2. Over 400 L/min including 2,000 L/min (528 gpm) $ 60.00

3. Over 2,000 L/min and including 4,000 L/min (1,057) $ 70.00

4. Over 4,000 L/min $ 80.00

BULK MILK TANKS

1. Up to 3,000 L (793 gal) capacity $ 20.00

2. Over 3,000 L and including 6,000 L (1,585 gal) capacity $ 40.00

3. Over 2,000 L/min and including 4,000 L/min (1,057 gpm) $ 60.00

4. Over 12,000 L capacity $ 120.00

TIMING DEVICES

1. All commercially used devices where time is a basis for charge $ 2.00

2. Devices owned or operated by governmental agencies No Charge

TAXI METERS $ 40.00

DISCUSSION: Legislator Bleiler said he appreciates Bob Harrison’s efforts, but he will be voting no because of the amount of work and headache this scale will cause. Legislator Larison said he, too, will be voting no. Legislator Young asked about the estimated revenue. Mr. Harrison estimated $3,000 annually. Legislator Young asked who would do the paper work. Mr. Harrison said it is the plan to have the Treasurer’s Office assist him with the paperwork.

VOTE: Failed 1-4. Noes: Larison, Marvel, Young, Bleiler.

RESOLUTION NO. 500 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE TRANSFER OF FUNDS TO PAY FOR MEDICAID, EAF, AND FAMILY ASSISTANCE EXPENSES - SOCIAL SERVICES

WHEREAS, the Department of Social Services expects to exceed its 2002 budgets for MMIS and Family Assistance expenses, and

WHEREAS, funds are available in the department’s 2002 Medical Assistance, Foster Care and Juvenile Delinquency budgets.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following transfers within the Department of Social Services 2002 Budget:

Appropriations:

AMOUNT ACCOUNT NO. DESCRIPTION

- $50,000 6101.400 Medical Assistance

- $35,000 6119.400 Child Care (Foster Care)

- $35,000 6123.400 Juvenile Delinquency

+ $75,000 6102.400 MMIS

+ $45,000 6109.400 Family Assistance

Revenue:

+ $10,000 6109.3609 State Aid – Family Assistance

+ $20,000 6109.4609 Federal Aid – Family Assistance

- $15,000 6119.4619 Federal Aid – Child Care

- $15,000 6123.3623 State Aid – Juvenile Delinquency

VOTE: Passed 5-0.

RESOLUTION NO. 501 Motion by Larison, Second by Bleiler.

RE: AUTHORIZATION TO AMEND 2002 BUDGET ‑ SOCIAL SERVICES DAY CARE

WHEREAS, expenditures for the Schuyler County Day Care subsidy program increased in 2002, and

WHEREAS, the additional expenditures are 100% reimbursable.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following amendment to the Department of Social Services 2002 Budget:

AMOUNT ACCOUNT NO. DESCRIPTION

+ $10,000 6055.400 Day Care

+ $10,000 6055.3655 State Aid ‑ Day Care

VOTE: Passed 5-0.

RESOLUTION NO. 502 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE PURCHASE OF CARPETING AND TRANSFER OF FUNDS ‑ SOCIAL SERVICES

WHEREAS, the Department of Social Services requests carpeting for the personnel moving to the basement of the county office building, and

WHEREAS, funding for said purchase is available in the department’s 2002 Personal Services budget, and

WHEREAS, approval to purchase the carpeting is required per Resolution No. 345 of 1985 that stated no county office facility shall be carpeted without the express approval of the Schuyler County Legislature.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be hereby authorized to purchase carpeting, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $3,500 from account no. 6010.100 - Personal Services to account no. 6010.201 – Equipment-Other.

VOTE: Passed 5-0.

RESOLUTION NO. 503 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE TRANSFER OF FUNDS FOR BOARDING OF FEMALE PRISONERS – SHERIFF’S DEPARTMENT

WHEREAS, Resolution No. 385-02 authorized transferring funds in the amount of $30,500 to cover the approximate cost of $60,000 during the fiscal year 2002 for boarding of female prisoners, and

WHEREAS, such expenses will now cost approximately $120,000 and additional funds are needed to pay for current expenses, in the amount of $30,000.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the amount of $30,000 from account no. 3150.100-Personal Services to account no. 3150.456-Board Male and Female Prisoners.

VOTE: Passed 5-0.

RESOLUTION NO. 504 Motion by Marvel, Second by Larison.

RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE EQUIPMENT – PUBLIC HEALTH

WHEREAS, it is necessary to replace a printer in the Watershed Agency at a total cost of $350, and

WHEREAS, there are some funds available in the 4050.208 account to purchase a printer, and

WHEREAS, there are funds available in the 4050.426 account to make up the difference of $90.00.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $90.00 from account no. 4050.426 (Equipment/Maintenance) to account no. 4050.208 (Computer Equipment, Miscellaneous) to purchase said printer.

VOTE: Passed 5-0.

RESOLUTION NO. 505 Motion by Marvel, Second by Larison.

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

WHEREAS, the Department of Social Services has a caseworker position in the Children’s Services unit who will work with TANF families who require preventive services, and

WHEREAS, there is funding for the position from unexpended 2002 grant funds and additional allocations in the amount of $46,810, and

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

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be authorized to fill the position of TANF caseworker at salary grade XXII ($14.57/hour) effective January 1, 2003, subject to availability of TANF funds, and

BE IT FURTHER RESOLVED, that the Department of Social Services 2003 budget will be amended when the exact amount of remaining funds is known.

VOTE: Passed 5-0.

RESOLUTION NO. 506 Motion Young, Second by Larison.

RE: AUTHORIZE THREE (2) RESOLUTIONS BE BROUGHT TO THE FLOOR

BE IT RESOLVED, that three (3) resolutions be brought to the floor.

VOTE: Passed 5-0.

RESOLUTION NO. 507 Motion by Larison, Second by Marvel.

RE: AUTHORIZE AGREEMENT WITH SCHUYLER COUNTY YOUTH BUREAU – PUBLIC HEALTH

WHEREAS, the Schuyler County Health Department is responsible for the Early Intervention Program, and

WHEREAS, the Schuyler County health Department receives funding from NYS Department of Health for the administration of this program, and

WHEREAS, the Schuyler County Youth Bureau has agreed to provide some of these administrative services.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Schuyler County Youth Bureau for the services for the term October 1, 2002 through September 30, 2003, funding being available in the 2002 – 2003 Public Health Budget in the amount of $5,000 from account no. 4010.4461-4081, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 5-0.

RESOLUTION NO. 508 Motion by Larison, Second by Marvel.

RE: APPROVE APPLICATION FOR REFUND OF REAL PROPERTY TAXES – ELLIOTT

WHEREAS, application has been made in accordance with Real Property Tax Law (RPTL) Section 556 alleging that an incorrect assessment was placed on the 2002 tax roll for parcel 81.-1-2.12 in the Town of Orange, owned by Lori Elliott, and

WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and found that the assessment erroneously included an improvement which was not present on the property, and therefore constitutes an error in essential fact as defined in RPTL Section 550(3)b, and

WHEREAS, it is the recommendation of the Director that the application for correction be approved.

NOW, THEREFORE, BE IT RESOLVED, that the application be hereby approved, and

BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to correct the roll to reflect an assessment of $3,900, and

BE IT FURTHER RESOLVED, that the County Treasurer be hereby requested to issue a corrected statement in the amount of $142.12 plus interest and penalties, and

BE IT FURTHER RESOLVED, that the Town of Orange be charged back $60.31, the Bradford Central School be charged back $132.99, and that the County Uncollectible be charged $65.41, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to the Town of Orange and Bradford Central School District.

VOTE: Passed 5-0.

RESOLUTION NO. 509A Motion by Bleiler, Second by Marvel.

RE: MOTION TO AMEND RESOLUTION NO. 509

BE IT RESOLVED, that Resolution No. 509 be amended to change the dollar amount to $1,400.

DISCUSSION: Bleiler, concern with this. he can’t believe it is $14,000, not $1,400.

VOTE: Passed 5-0.

RESOLUTION NO. 509 Motion by Larison, Second by Marvel.

RE: AUTHORIZE TRANSFER OF FUNDS FOR FURNITURE - YOUTH BUREAU/FAMILIES FIRST – AS AMENDED

WHEREAS, the Schuyler County Youth Bureau/Families First needs to purchase chairs for the Families First office, and

WHEREAS, the funding for this expense is in account 7310.308 and needs to be transferred to an equipment account.

NOW, THREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $1,400 from account no. 7310.308-Families First to account no. 7310.200-Office Furniture for the aforementioned purchase.

VOTE: Passed 5-0.

NEW BUSINESS: None.

UNFINISHED BUSINESS: None.

REPORT ON STANDING COMMITTEES:

Legislator Young reported on the Community Development and Natural Resources Committee. She reminded everyone that they must sign up by the end of the month for a different electrical energy. Most of us have been following this news along. The latest email from MEGA is that they will be taking residential customers up through the end of this year only. She explained how some companies are shutting down, due to a loss of profit. NYSEG Solutions will have quite the advantage in this area. She read some information from MEGA.

Legislator Marvel thanked the legislative staff for the Open House for himself and Legislator Hastings last week. He also thanked the legislature for approving the money spent on the reception. He thanked Schuyler County for the opportunity to serve the last four years as a legislator, it was very trying and mostly satisfying.

PUBLIC PARTICIPATION:

William Weiss, Commissioner of Social Services, thanked the legislators for approving the purchase of carpeting for his new services unit in the basement.

The Meeting adjourned at 7:24 P.M.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

PUBLIC HEARING

DECEMBER 11, 2002

The December 11, 2002 Public Hearing on the tentative 2003 budget was called to order at 6:30 p.m. by Chairman Gifford. All Legislators were present except for Legislators Hastings, Karius and Bingell who were excused. County Attorney Coleman was also present. There were approximately thirty-three people in attendance.

Chairman Gifford stated that normally the Management & Finance Committee Chairman does the presentation, however, he has had some dental work done which makes it uncomfortable for him to talk. Legislator Bleiler will do the presentation. Legislator Bleiler explained each slide in detail. The fund balance remains the same as the last few years. He noted that population-wise Chemung County is much larger than Schuyler County, however their fund balance is much smaller than ours. Out of all of the fund balances in New York State, except New York City, the average is a 5% fund balance. The State Comptroller says it should be 10-15%, and Schuyler County is close to that percentage. Comparatively, Chemung County is not close to 1%. He feels they have a healthy fund balance.

Phil Smith asked what the fund balance is projected to be for 2002. The Treasurer said, after the appropriation to lower the levy, it will be about two million dollars. Legislator Bleiler stated that next year’s fund balance may not be as healthy, depending on the State budget.

Sheriff Michael Maloney asked if the amount was correct on page 73 of the budget for Emergency Management personnel. The Treasurer explained that it reflects the retirement of the Emergency Management Coordinator and someone coming in at entry level to replace him. The Sheriff said he wants to make sure that position stays full-time, especially with homeland security coming down the line.

Chairman Gifford said they started the tentative budget with a status quo and were still faced with a 40% increase. The department heads worked together to get it down to what it is tonight. He thanked everyone who worked diligently on this budget.

Legislator Marvel said by the time the Management & Finance Committee turned it over to the full Legislature, they did not have enough to cut anywhere. He thanked legislators and department heads for their work to trim this down. Some tough decisions were made by both parties. They only had to debate the issue of what they were willing to settle on as far as the final budget figure. Not everyone is really happy with it. It is a give and take by all.

Legislator Young said she is looking at the year 2003 and hoping that the state and federal agencies do not come to us to solve their problems.

Legislator Larison said he is concerned that they cut too much. He is very concerned about the Emergency Management Office, but he will vote yes because it is the best they can do.

Legislator Bleiler stated that there is no fat in this budget. The Legislature could run out of money in some line items. On the other side of the coin, he feels Schuyler County looks really good compared to others. He is optimistic about the development of a business park and downtown Watkins Glen.

The Public Hearing adjourned at 6:53 p.m.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

SPECIAL MEETING

DECEMBER 11, 2002

The December 11, 2002 Special Meeting of the Schuyler County Legislature was called to order at 6:53 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Marvel and followed by a Moment of Silence. All Legislators were present except for Legislators Hastings, Karius and Bingell who were excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

RESOLUTION NO. 510 Motion by Larison, Second by Young.

Assistant County Attorney $61,539

Conf. Sec’y. to County Attorney $32,243

Personnel Officer $34,653

Deputy County Clerk $28,705

Assistant District Attorney $53,937

Conf. Sec’y. to District Attorney $29,400

Clerk to Legislature $54,000

Deputy Clerk to Legislature $32,104

Public Defender $42,105

Assistant Public Defender $22,632

Purchasing Agent $29,593

Real Property Tax Director $43,707

Commissioner of Social Services $53,058

Deputy County Treasurer $29,360

County Highway Superintendent $47,374

Deputy County Highway Supt. $42,183

Undersheriff $42,858

3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24.

VOTE: Passed 5-0.

RESOLUTION NO. 523 Motion by Bleiler, Second by Larison.

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 2003 was determined to be 1.9%.

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______

1026 - 1100 M 62,141 70,494 78,866

951 - 1025 L 57,357 65,721 74,086

876 - 950 K 52,577 60,942 69,307

801 - 875 J 47,797 56,162 64,527

726 - 800 I 43,018 51,383 59,747

651 - 725 H 38,238 46,005 53,773

576 - 650 G 34,653 43,018 51,383

501 - 575 F 32,263 40,030 47,797

426 - 500 E 29,874 37,043 44,212

351 - 425 D 27,484 34,056 40,629

276 - 350 C 25,094 31,068 37,043

202 - 275 B 22,704 28,679 34,653

0 - 201 A 20,314 26,288 32,263

VOTE: Passed 5-0.

RESOLUTION NO. 524 Motion by Bleiler, Second by Larison.

RE: AUTHORIZE TRANSFER OF FUNDS – COMMUNITY COLLEGES

WHEREAS, the costs for students attending community colleges has exceeded the amount budgeted in the 2002 budget, and

WHEREAS, there are excess funds in the budget for retirement and health insurance.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following transfers within the 2002 budget:

AMOUNT ACCOUNT NO. DESCRIPTION

-80,000.00 9010.801 State Retirement

-80,000.00 9060.807 Hospital & Medical Insurance

+160,000.00 2490.400 Community Colleges

VOTE: Passed 5-0.

RESOLUTION NO. 525 Motion by Bleiler, Second by Larison.

RE: AUTHORIZE TRANSFER OF FUNDS – JUSTICE OF THE PEACE

WHEREAS, the expenses for the County’s share of the cost for Town Courts has exceeded the amount provided in the 2002 budget, and

WHEREAS, there are excess funds available in the State Retirement account.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to make the following transfer within the 2002 budget:

AMOUNT ACCOUNT NO. DESCRIPTION

- 250.00 9010.801 State Retirement

+250.00 1180.400 Justice of the Peace

VOTE: Passed 5-0.

RESOLUTION NO. 526 Motion by Bleiler, Second by Larison.

RE: AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS

BE IT RESOLVED, that the Schuyler County Treasurer be authorized to make the following account transfers in order to balance out the 2002 accounts, to wit:

, and

BE IT FURTHER RESOLVED, that this authorization include financing capital projects with fund balance as determined by the Schuyler County Treasurer.

VOTE: Passed 5-0.

RESOLUTION NO. 527 Motion by Bleiler, Second by Larison.

RE: AUTHORIZE CONTRACT WITH RICHARD CHURCHES FOR CONSULTANT SERVICES – EMERGENCY MANAGEMENT

WHEREAS, the Emergency Management Coordinator has tendered his retirement effective December 27, 2002, which gives the county the opportunity to take a look at the job description and the functions of that office, and

WHEREAS, the Public Safety & Criminal Justice Committee recommends studying the Office of Emergency Management to ensure all of the needs are being met, and

WHEREAS, Richard Churches has extensive experience with fire coordination and emergency medical services and is willing to assist the County with its study.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Richard Churches to provide consultant services relative to the Office of Emergency Management for the term January 1, 2003 through June 1, 2003 at a rate of $20 per hour, contract subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer funds as necessary, but not to exceed $16,000, from account no. 3689.100 to account no. 3689.435 to cover said contract.

VOTE: Passed 5-0.

RESOLUTION NO. 528 Motion by Bleiler, Second by Larison.

RE: AUTHORIZE ADVERTISEMENT TO FILL DEPUTY EMERGENCY MANAGEMENT COORDINATOR POSITION

WHEREAS, the Deputy Emergency Management Coordinator has submitted notice of her retirement effective February 28, 2002, and

WHEREAS, it is the recommendation of the Public Safety & Criminal Justice Committee that the county immediately advertise and fill this pending vacancy since the position of Emergency Management Coordinator will also be vacant.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature direct the immediate advertisement for the position of Deputy Emergency Management Coordinator, in Grade Level B in the Management/Confidential Salary Plan in a salary range of $22,704 (minimum) - $28,679 (mid-range), with the goal to fill said position by February 15, 2003.

VOTE: Passed 5-0.

RESOLUTION NO. 529 Motion by Bleiler, Second by Larison.

RE: AUTHORIZE TRANSFER OF FUNDS FOR BOARDING OF FEMALE PRISONERS – SHERIFF’S DEPARTMENT

WHEREAS, $17,000 is budgeted in the Jail account for the boarding of female prisoners in other counties, and

WHEREAS, this past year has been an extraordinary year for the confinement of females, including two (2) sentenced for a period of one year, and one pre-trial for a year, and

WHEREAS, such expenses for boarding female prisoners will amount to approximately $120,000 during the fiscal year 2002, and

WHEREAS, numerous transfers of funds within the Sheriff’s budgets have been done, however additional monies are needed to cover current expenses.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $20,000 from account no. 3150.100 and $40,000 from account no. 3110.100 into 3150.456.

VOTE: Passed 5-0.

RESOLUTION NO. 530 Motion by Bleiler, Second by Larison.

RE: AUTHORIZE CONTRACT RENEWAL WITH STANLEY CLARK – VETERANS SERVICE AGENCY

WHEREAS, the Human Services Committee unanimously recommends the renewal of the contract with Stanley Clark for office coverage at the Veterans Service Agency, and

WHEREAS, Stanley Clark, an accredited Service Officer, has agreed to provide these services again for the year 2003.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract renewal with Stanley Clark for the term January 1, 2003 through December 31, 2003, in an amount of $12.00 per hour, not to exceed 240 hours, funding available in the 2003 Veterans Service Agency account no. 6510.435-Professional Fees and Services; subject to approval by the Schuyler County Attorney.

VOTE: Passed 5-0.

RESOLUTION NO. 531 Motion by Bleiler, Second by Larison.

RE: AUTHORIZE INCREASE IN HOURS OF ACCOUNT CLERK TYPIST POSITION – YOUTH BUREAU

WHEREAS, the Account Clerk Typist in the Youth Bureau currently works 17 hours per week, and

WHEREAS, there is a tremendous need for a permanent increase in these hours to provide support for the Families First Program, and

WHEREAS, there are funds in the 2003 Youth Bureau budget account no. 7310.100 to pay for this increase.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes an increase in the hours of the Account Clerk Typist position in the Youth Bureau to full-time, 35 hours per week effective January 6, 2003.

VOTE: Passed 5-0.

RESOLUTION NO. 532 Motion by Bleiler, Second by Larison.

RE: AUTHORIZATION TO CREATE AND FILL SOCIAL WELFARE EXAMINER POSITION IN THE DEPARTMENT OF SOCIAL SERVICES

WHEREAS, the Department of Social Services will implement MEDICAID Managed Care in Schuyler County in 2003, and

WHEREAS, the increased workload requires an additional worker, and

WHEREAS, the position will be 100% reimbursed from funds in the Department’s Managed Care grant from NYS, and

WHEREAS, funding is available in the Department’s 2003 budget, account no. 6010.100-Personal Services.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be hereby authorized to create and fill a Social Welfare Examiner position in the Department at pay grade XV ($12.43/hour using 2002 contract rates), subject to availability of grant funds in the Department, starting in 2003, and any vacancies created in the Department as a result of a transfer or a promotion.

VOTE: Passed 5-0.

RESOLUTION NO. 533 Motion by Bleiler, Second by Larison.

RE: AUTHORIZATION TO CREATE AND FILL A SUPPORT INVESTIGATOR POSITION IN THE DEPARTMENT OF SOCIAL SERVICES

WHEREAS, the Department of Social Services has experienced a constant increase in the collections of child support during the past few years, and

WHEREAS, it is financially beneficial to the County to assist custodial parents receive the court-ordered child support from non-custodial parents in order to keep the family off of Temporary Assistance, and

WHEREAS, the benefits and salary are reimbursed by the federal and state governments at an approximately 95% rate, and

WHEREAS funding is available in the Department’s 2003 budget, account no. 6010.100-Personal Services.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to create and fill a Support Investigator position in the Department at pay grade XV ($12.43/hour using 2002 contract rates), subject to availability of funds, starting in 2003, and any vacancies created in the Department as a result of a transfer or a promotion.

VOTE: Passed 5-0.

WITHDRAWN

RE: AUTHORIZE SALE OF SURPLUS COUNTY PROPERTY IN THE TOWN OF CATHARINE - WITHDRAWN

WHEREAS, Schuyler County holds title to Parcel 88.13-1-77 being a 2-acre parcel, more or less, in the Town of Catharine, and

WHEREAS, this parcel is no longer needed by the County.

NOW, THEREFORE, BE IT RESOLVED, that Parcel 88.13-1-77 be declared surplus in accordance with County Law Section 215, and

BE IT FURTHER RESOLVED, that Parcel 88.13-1-77 be sold at the next County property auction, and

RESOLUTION NO. 534 Motion by Bleiler, Second by Larison.

RE: AUTHORIZE CONTRACTS FOR FAMILIES FIRST PROGRAM

WHEREAS, the Youth Bureau is the coordinating the program of Families First, and

WHEREAS, each of the following departments (Social Services, Mental Health, Public Health) have money in their 2002 respective budgets to support the Families First program.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract for the Youth Bureau with the following departments for the provision of the Families First program for the year 2002 as follows; subject to the approval of the Schuyler County Attorney:

Department of Social Services $10,000

Mental Health $10,000

Public Health $10,000

VOTE: Passed 5-0.

RESOLUTION NO. 535 Motion by Bleiler, Second by Larison.

RE: AUTHORIZE TRANSFER OF FUNDS FOR SNOW REMOVAL – HIGHWAY

WHEREAS, due to previous light winter weather, the Snow Removal Budget has been cut significantly over the past few years, limiting the usual practice of stockpiling materials for ice control, and

WHEREAS, all the prior materials have been used up, and

WHEREAS, the 2002 winter weather started early with snow and ice accumulations, and the salt reserve has become depleted, and

WHEREAS, there is money available in the County Road 2002 budget to purchase the needed ice control salt.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $6,000 from State Retirement account no. 9010.801 and $4,000 from Worker’s Compensation account no. 9040.803 to Snow Removal account no. 5142.438.

VOTE: Passed 5-0.

RESOLUTION NO. 536 Motion by Bleiler, Second by Larison.

RE: AUTHORIZE TRANSFER OF FUNDS FOR EQUIPMENT – YOUTH BUREAU

WHEREAS, the Youth Bureau operates the Youth Court program, and

WHEREAS, the Youth Court program is in need of some equipment as listed below, and

WHEREAS, the Youth Court has the money allocated and will be 100% reimbursed.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer funds in the 2002 budget for the Youth Bureau as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$1,200 7310.200 Office Equipment/Furniture

- $1,200 7310.316 Youth Court

VOTE: Passed 5-0.

NEW BUSINESS:

Appointment of Elections Commissioners by Respective Party Legislators.

The Republican Legislators, by unanimous vote, approved of the appointment of Joseph Fazzary, Sr. as Republican Election Commissioner. The Democratic Legislators, by unanimous vote, approved of the appointment of John Vona as Democratic Election Commissioner.

UNFINISHED BUSINESS: None.

REPORT ON STANDING COMMITTEES: None.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 4:08 P.M.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

ORGANIZATIONAL MEETING

JANUARY 2, 2002

LOCAL LAW INTRO. NO. 10 OF THE YEAR 2001/LOCAL LAW NO. 1 OF THE YEAR 2002

LOCAL LAW INTRO. NO. 11 OF THE YEAR 2001/LOCAL LAW NO. 2 OF THE YEAR 2002

AUDITING COMMITTEE

CHILD CARE COORDINATING COUNCIL

FIRE SAFETY ADVISORY COUNCIL

Mike McClernon/Tim Hudson – Beaver Dams

Jason Kelly/Curt Connelly – Burdett

Richard Robertson/William Ward – Mecklenburg

Ron Ames, Jr./Larry States – Monterey

Paul Cartwright/Jim Ryan – Montour Falls

Robert Franklin/Todd Thoman – Odessa

Eric Anderson/Al Buckland – Tyrone

Mike Hicks/Scott Eaton – Valois-Logan Hector

Kirk Smith/Charles Smith, Sr. – Watkins Glen

Glenn Larison – Legislator

COOPERATIVE EXTENSION SERVICE

ENVIRONMENTAL MANAGEMENT COUNCIL

FISH AND WILDLIFE MANAGEMENT ACT BOARD

FOREST PRACTICE BOARD

STCRP & D HUMAN SERVICES COMMITTEE

LAW LIBRARY BOARD OF TRUSTEES

OFFICE FOR THE AGING ADVISORY COUNCIL

PLANNING COMMISSION

FRIENDS OF THE QUEEN CATHARINE MARSH

SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD

SCIDA

SOIL AND WATER CONSERVATION BOARD

ADMINISTRATIVE UNIT

RE: RATIFICATION OF SPECIAL MEETING

REGULAR MEETING

Personnel Clerk 568 0.0 568 2 1136

Deputy EMS Coord. 568 384 184 13 2392

GRADE C

GRADE D

Deputy Clerk of Legislature 624 494 131 5 650

GRADE E

Emergency Svcs. Coord. 681 378 304 18 5454

GRADE F

Watershed Inspector 738 424 314 1 314

GRADE G

GRADE H

GRADE I

GRADE J

ADJUSTMENT GRAND TOTAL WITH 3.3% COLA $20,402

CLOSING COUNTY OFFICES

ACCOUNT NO. DESCRIPTION AMOUNT

VOTE: Passed 8-0.

VOTE: Passed 8-0.

VOTE: Passed 8-0.

COMMUNITY SERVICES BOARD

ALCOHOL & SUBSTANCE ABUSE SUBCOMMITTEE

MENTAL HEALTH SUBCOMMITTEE

MENTAL RETARDATION AND DEVELOPMENT DISABILITY

BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby forwards the findings of the Schuyler County Soil & Water Conservation District and the Environmental Management Council to the lead agency for the project.

LOCAL LAW INTRO. NO. 1 OF THE YEAR 2002

RE: RESOLUTION REQUESTING THE RESTORATION OF CHIPS FUNDING

ACCOUNT NO. DESCRIPTION AMOUNT

LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 3 OF THE YEAR 2002

RE: RATIFICATION OF SPECIAL MEETING

WITHDRAWN

LOCAL LAW INTRO. NO. 2 OF THE YEAR 2002

JUNE 17, 2002

RE: RATIFICATION OF SPECIAL MEETING

JULY 8, 2002

RE: AUTHORIZE CONTRACT FOR THE ESTABLISHMENT, IMPLEMENTATION, AND OPERATION OF A MEDICAID MANAGED CARE PLAN IN SCHUYLER COUNTY

Watkins Glen, NY 14891

LOCAL LAW INTRO. NO. 2 OF THE YEAR 2002

RE: RESOLUTION TO APPLY FOR CERTIFIED COUNTY STATUS

LOCAL LAW NO. 6 OF THE YEAR 2002

Principles of Acceptable Data Safeguarding

Unacceptable Practices

Enforcement

Gail M. Hughey, Clerk

SPECIAL MEETING

RE: RATIFICATION OF SPECIAL MEETING

RE: RATIFICATION OF SPECIAL MEETING

RE: RATIFICATION OF SPECIAL MEETING

RE: AUTHORIZE CERTIFICATION OF COST ALLOCATION PLAN