ORGANIZATIONAL MEETING

JANUARY 2, 2002

The January 2, 2002 Organizational Meeting of the Schuyler County Legislature was called to order at 9:50 a.m. by Gail M. Hughey, Clerk, acting as Temporary Chair. The Pledge of Allegiance was led by Legislator Young 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. 1 Motion by Marvel, Second by Bingell.

RE: CLOSE NOMINATIONS - 2002 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the nominations for the 2002 Chairperson of the Schuyler County Legislature be closed.

VOTE: Passed 7-0.

RESOLUTION NO. 2 Motion by Bingell, SEcond by Marvel.

RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2002

BE IT RESOLVED, that Thomas M. Gifford be Chairperson of the Schuyler County Legislature for the year 2002.

VOTE: Passed 7-0.

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

RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 2002

BE IT RESOLVED, that the duly authorized vice-chairman successors for "Continuity of Local Government", as prescribed by Schuyler County Local Law No. 1-1972, be adopted for the year 2002, as follows:

Chairman Thomas M. Gifford

#1 Vice-Chairman Patricia L. Hastings

#2 Vice-Chairman Ruth S. Young

#3 Vice-Chairman Doris L. Karius

#4 Vice-Chairman Delmar F. Bleiler, Jr.

#5 Vice-Chairman Glenn R. Larison

#6 Vice-Chairman Jerold D. Marvel

#7 Vice-Chairman Sharon S. Bingell

VOTE: Passed 7-0.

RESOLUTION NO. 4 Motion by Marvel, Second by Young.

RE: DESIGNATION OF LEGAL COUNTY NEWSPAPER

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

VOTE: Passed 7-0.

RESOLUTION NO. 5 Motion by Marvel, Second by Young.

RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS

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

HSBC

Watkins Glen Office

Franklin at Eight Street

Watkins Glen, NY 14891 $8,000,000.00

CHEMUNG CANAL TRUST COMPANY

Montour Falls or Watkins Glen Office

303 W. Main Street

Montour Falls, NY 14865 $8,000,000.00

TOMPKINS COUNTY TRUST COMPANY

Main Street

Odessa, NY 14869 $8,000,000.00

CHASE MANHATTAN

1975 Lake Street

Elmira, NY 14901 $8,000,000.00

COMMUNITY BANK, N.A.

Watkins Glen Office

401 N. Franklin Street

Watkins Glen, NY 14891 $8,000,000.00

VOTE: Passed 7-0.

RESOLUTION NO. 6 Motion by Karius, Second by Young.

RE: CONFORM TO "RULES OF PROCEDURE"

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

VOTE: Passed 7-0.

RESOLUTION NO. 7 Motion by Karius, Second by Young.

RE: APPOINTMENT - CHIEF VOTING MACHINE CUSTODIAN

BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by the Elections Commissioners of David A. Stamp as the County's Chief Voting Machine Custodian for the year 2002.

VOTE: Passed 7-0.

RESOLUTION NO. 8 Motion by Karius, Second by Young.

RE: APPOINTMENT - CHIEF CORONER FOR 2002

BE IT RESOLVED, that this Legislature, upon the recommendation of the elected coroners, acknowledges and accepts the appointment of Blanche Borzell, M.D. as Chief Coroner for the year 2002, at an additional stipend of $1,000 for administrative duties to be paid quarterly at the rate of $250.00 per quarter.

VOTE: Passed 7-0.

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

RE: APPOINTMENT – COUNTY HISTORIAN

BE IT RESOLVED, that Barbara Bell be appointed as County Historian for the year 2002.

VOTE: Passed 7-0.

RESOLUTION NO. 10 Motion by Bleiler, Second by Young.

RE: SCHEDULE OF SALARIES FOR 2002

BE IT RESOLVED, that the Schedule of Salaries for 2002, as attached hereto, be adopted, effective January 1, 2002, and

BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 2002 Salary Schedule.

VOTE: Passed 7-0.

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

RE: APPOINTMENT - SCHUYLER ASSISTANT DISTRICT ATTORNEY – 2002-2005

BE IT RESOLVED, that this Legislature acknowledges the appointment by District Attorney, Joseph Fazzary of John C.T. Hayes as Assistant District Attorney for a four-year term commencing January 1, 2002 and terminating December 31, 2005.

VOTE: Passed 7-0.

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

RE: APPOINTMENT - CONFIDENTIAL SECRETARY TO DISTRICT ATTORNEY – 2002-2005

BE IT RESOLVED, that this Legislature acknowledges the appointment pursuant to County Law Section 501-5 by District Attorney, Joseph Fazzary of Robin Davis as Confidential Secretary to the District Attorney for the period commencing January 1, 2002 and terminating December 31, 2005.

VOTE: Passed 7-0.

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

RE: APPOINTMENT - BUDGET OFFICER FOR 2002

BE IT RESOLVED, that Nancy A. Peters be appointed Budget Officer for the year 2002.

VOTE: Passed 7-0.

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

RE: APPOINTMENT - COUNTY AUDITOR FOR 2002 AND 2003

BE IT RESOLVED, that Gail M. Hughey be appointed County Auditor for a two-year term commencing January 1, 2002 through December 31, 2003.

VOTE: Passed 7-0.

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

RE: APPOINTMENT – DEPUTY COUNTY CLERK – 2002-2005

BE IT RESOLVED, that this Legislature acknowledges the appointment pursuant to County Law Section 501-5 by the County Clerk, Linda Compton of Joy Ector as Deputy County Clerk for the period commencing January 1, 2002 and terminating December 31, 2005.

VOTE: Passed 7-0.

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

RE: APPOINTMENT – UNDERSHERIFF – 2002-2005

BE IT RESOLVED, that this Legislature acknowledges the appointment pursuant to County Law Section 652 by the Sheriff, Michael Maloney of William Yessman as Undersheriff for the period commencing January 1, 2002 and terminating December 31, 2005.

VOTE: Passed 7-0.

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

RE: APPOINTMENT – HIGHWAY SUPERINTENDENT

BE IT RESOLVED, that Gregory S. Mathews be appointed Highway Superintendent for a four-year term commencing January 1, 2002 and terminating December 31, 2005.

VOTE: Passed 7-0.

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

RE: APPOINTMENT – DEPUTY HIGHWAY SUPERINTENDENT – 2002-2005

BE IT RESOLVED, that this Legislature acknowledges the appointment pursuant to County Law Section 725 by the Highway Superintendent, Gregory S. Mathews of Terence E. Wolverton as Deputy Highway Superintendent for the period commencing January 1, 2002 and terminating December 31, 2005.

VOTE: Passed 7-0.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 10:15 a.m.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

REGULAR MEETING

JANUARY 14, 2002

The January 14, 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 asked the legislators if they have plans or money set aside to hire a new County Administrator? Chairman Gifford explained that there is no funding in this year’s budget for that office.

PRESENTATION ON THE HEALTHY HEART WALKING MAP BY LISA MILSPAUGH 6:34 P.M.: Lisa Millspaugh stated that the creation of this map has taken a year to complete. It is a walking map for Schuyler County. The motivation behind it was to get people moving. The statistics show that heart disease is the number one mortality, with the second one being diabetes. There are teenagers with Type II diabetes because they are inactive. She suggested to anyone with children, to turn off the television and take them for a walk. The maps concentrates on parks and forest lands in the county.

7:00 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 10 OF 2001 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR 2002: No public comment.

7:03 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 11 OF 2001 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR 2002: No public comment.

WITHDRAWN

RE: APPROVE MINUTES OF THE SEPTEMBER 10, 2001 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE - WITHDRAWN

BE IT RESOLVED, that the minutes of the September 10, 2001 Regular Meeting of the Schuyler County Legislature be approved.

RESOLUTION NO. 19A Motion by Hastings, Second by Karius.

RE: MOTION TO TABLE RESOLUTION NOS. 19 AND 20

BE IT RESOLVED, that Resolution Nos. 19 and 20 be tabled for further review by the new Director of Community Services/Public Health.

DISCUSSION: Legislator Larison asked why these two resolutions were being acted on before the Watershed Department gets moved. Legislator Hastings suggested tabling them both until the new Director of Community Services/Public Health comes on board. Legislator Bingell welcomed Mr. George Roets who does not officially start as the new director until January 28, 2002.

VOTE: Passed 8-0.

RESOLUTION NO. 19

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

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.

RESOLUTION NO. 20

RE: AUTHORIZATION TO TRANSFER HALF AN ACCOUNT CLERK TYPIST POSITION FROM WATERSHED PROTECTION AGENCY TO MENTAL HEALTH - TABLED

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

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the transfer of 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.

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

RE: AUTHORIZE APPLICATION FOR COMMUNITIES THAT CARES TRAINING – YOUTH BUREAU

WHEREAS, the Youth Bureau, the Mental Health Clinic and the Mental Health School Outreach Program are interested in pursuing the NYS Office of Alcoholism and Substance Abuse Services in Partnership with NYS Office of Children and Family Services and NYS Department of Health’s Communities That Care Training application, and

WHEREAS, this training will provide, free of charge, a community-wide approach to public health issues, and

WHEREAS, a community-wide approach is effective because it affects the entire social environment, develops a broad base of support and teamwork, and brings results that are long lasting.

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

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

should have been made before the decision on the route. He is not challenging the need for water/sewer at the race track or for the business park. However, there are reasons not to have the project go up CR 17, most of which have been dismissed. He encouraged the Legislature to pause and look at other alternatives.

Kevin Hughey, a resident on CR 17, echoed Mr. Hayes’ comments. The petitions that were circulated have very little support from residents on CR 17. For over two years it has been a mystery to him as to why CR 17 is the selected route. The Town of Dix Board selected CR 17 in the beginning of 2000 and then the planning was done. He feels that route was selected because of the business park, not because it is the best route. He feels some of the alternate routes should be considered.

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

RE: RATIFICATION OF SPECIAL MEETING CALL

1. Approval of Town of Dix Water and Sewer Project to Date

2. Authorize Filling of Deputy Sheriff Vacancy – Sheriff’s Department

3. Appointments – Planning Commission

VOTE: Passed 8-0.

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

RE: APPROVAL OF TOWN OF DIX WATER AND SEWER PROJECT TO DATE

WHEREAS, the Town of Dix has advanced its Water and Sewer District Extension Project (the project) to satisfy all conditions presented to date, including preparation and filing on 2/5/02 of a final Environmental Impact Statement (EIS) in accordance with the New York State Environmental Quality Review Act, and

WHEREAS, the County of Schuyler is an interested and cooperating agency (an involved agency) pursuant to Local Law No. 8 of the year 2000 and an Intermunicipal Agreement drawn in accordance with Section 119 et. seq. of the General Municipal Law with the Town of Dix dated 6/15/00, all in furtherance of the project, and

WHEREAS, the County of Schuyler has reviewed, or caused to be reviewed by its relevant departments, agencies and the County Attorney, all steps thus far taken by said Town in furtherance of the project, and

WHEREAS, it is appropriate and necessary that the county make various findings and certifications at this juncture.

NOW, THEREFORE, after careful review of the evidence of record to include, but not limited to:

The draft and final EIS, engineering studies, public comment, review by the Environmental Management Council, Planning and Community Development Agency, and the County Planning Commission, the County of Schuyler hereby finds and certifies as follows:

1. All legal steps precedent to continuation of the project have been satisfactorily accomplished to date.

2. Consistent with social, economic and other essential considerations from among the reasonable alternatives available, the project, to the maximum extent practicable, avoids, minimizes, or mitigates adverse environmental impacts.

3. Accomplishment of the project in a timely fashion is essential to the economic growth and development of the town, county and the surrounding region. Watkins Glen International’s (WGI’s)track activities in the Town of Dix constitute the most significant single economic enterprise in the county and, arguably, in the region.

4. Enhancement of WGI’s viability as a business enterprise and creation of a business park have a major and continuing favorable impact upon the economy of all entities, public and private, in the region.

5. Public water and sewer facilities capable of supporting the needs of WGI, the business park, and future growth do not exist.

6. The lack of adequate sanitary facilities poses a potential threat to public health safety and welfare and to the continuation and expansion of WGI activities, other businesses and industries and, to a lesser extent, residential construction in the vicinity.

7. Any curtailment of racing activities at the WGI track would be a blow to the regional economy; a complete cessation of economic activity at the site, or the loss of the track itself, would be an unmitigated catastrophe.

8. Specifically regarding the facts and conclusions contained in the EIS, three principal areas of environmental concern were identified as follows:

A. Traffic generated by growth in the affected areas, conversion of 50 acres of open space into a business park (with the attendant and unavoidable loss of agricultural land) and the effect on the growth and character of the community. These concerns are far outweighed by the benefits to the community; moreover, appropriate mitigative measures have been included. Considered individually, the areas of concern may be addressed as follows:

(a) Traffic: The traffic study commissioned for the review of this project indicates that even at maximum build out, traffic concerns can be addressed through a few simple mitigative measures including modification of the timing of the nearby traffic lights as well as the proper design of the business park ingress and egress. It is noted that the traffic analysis factored in possible additional traffic that would be generated when the Wal-Mart Store is built in the Village of Watkins Glen.

(b) Open Space: The EIS points out that some current open space will be converted to commercial use by construction of the business park. However, the amount of acreage is small and when viewed in conjunction with implementation of Town Planning, the impact on open space is negligible. It is noted that the Town of Dix currently has no Town Plan or Zoning and thus of open space is largely unregulated. It is reasonable to conclude that focusing development on a business park and away from other open and agricultural lands is a tremendous benefit to the environment with only negligible cost.

(c) Community Growth and Character: As noted above, the growth and character of the effected areas is not currently protected to any significant extent. In fact, the semi-rural and agricultural nature of the area is currently subject to the whim of random development pressures and the inconsistent uses and conflicts that are generated in the absence of any planning. The EIS makes it very clear that the combination of these projects will almost inevitably generate change and growth in the community, but more importantly, that change which is now random and unplanned will now be focused on certain areas while other valuable open space and agricultural land is protected.

9. Conclusions: The importance of this proposed project to the economic health and well being of the community in general cannot be underestimated. The proposed project is reasonably calculated to generate employment opportunities and enable WGI to remain competitive and thereby support the hundreds of local businesses that benefit from track events. Public health benefits, both to track spectators and residents of the water districts, also weigh strongly in favor of project approval. It is noted that illnesses and deaths from inadequate water supplies at large outdoor events have drastically effected other venues in New York State and it is crucial that no such tragedy take place here. Finally, and most importantly, implementation of a Land Use Plan to control and focus growth generated by these proposals appears to represent a judicious and careful approach to the smart development and protection of the resources of the Town of Dix and, by implication, the County of Schuyler. Therefore, the County of Schuyler recommends approval of the proposed projects with the mitigative measures specified in the EIS, and

BE IT FURTHER RESOLVED, the Schuyler County Legislature adopts the foregoing findings, certifications and conclusions, and directs that all county departments and agencies assisting in the facilitation of the project continue to do so in accordance with the above-cited Local Law and Intermunicipal Agreement through the completion thereof, and

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.

DISCUSSION: Legislator Hastings asked if there is an objection to this project in the Town of Dix? Dan Fitzsimmons, Town of Dix Attorney, said there is no simple answer as to why CR 17 was selected. During the conceptual stage, they needed estimated costs. The choices for connecting this project were either the Village of Watkins Glen or the Village of Montour Falls. The Village of Montour Falls appeared not to be able to handle this capacity without changes and there was a lack of desire to participate. Some of the criteria used to evaluate the options were expense, impact on farm land and the ability to service a significant number of households. The difference in expenses between the two options was in the millions of dollars; the difference in households was around 20, and impact was much greater on farmland with other options. CR 17 does not become the official choice until the Town of Dix says so. The amount of will and political support of this particular route was significant. The number of property owners and the percentage of assessed valuation were both overwhelmingly in favor of CR 17 (70-80%). In the draft and final EIS there are charts that assess all of this criteria. There are folks that object, but it is difficult to argue with the numbers. Susan Payne added that there was an ad hoc committee that was formulated quite some time ago when the whole question came up and that committee contained representation from throughout the county, as well as the county, town and village. One of the charges of this committee was to explore options with no preconceived notions. At that point the business park site had not even been identified yet. Legislator Young asked Jim Howell, Watershed Inspector, about an issue on page 20 of the draft EIS regarding the 20 households with out-of-date septic systems? Jim Howell said he has an actual report prepared. He is not personally aware of a failed system along that corridor, but is suspicious of the same. He has never visited some of those homes in his 30 years of business. There are areas that have very poorly drained soil. In many cases this leads to a failure. He needs a reason to visit a property in order to do an assessment, either an invitation or complaint. They did a records search of the properties along this corridor, but not a door-to-door survey because they were not legally allowed to do so. Legislator Young asked Mr. Hughey for the crux of his complaint for possible mitigation within this group. Mr. Hughey said that they have spring water sources on the east side of CR 17 that they are concerned about. There is no way anything can go up CR 17 without disturbing this spring water. Attorney Fitzsimmons noted that there is a map and plan on file in the County Clerk’s office and available for review. It is impossible to accommodate everyone’s concern. They have sent professionals from a Binghamton firm to look at Mr. Hughey’s springs to see what can reasonable be dealt with. They cannot spend a fortune to accommodate him, but if there is something reasonable they can do, they will. The Town of Dix will need a map to know where the springs lie. Legislator Hastings asked County Attorney Coleman if he finds anything in this resolution questionable? Attorney Coleman said no, but the county is an involved agency and must indicate it has reviewed the project and that it has passed county muster. This resolution ensures that everyone knows what is going on and the project has been reviewed carefully. Legislator Bingell expressed concern about possible erroneous information in the EIS that might need correction. Elaine Dalrymple, Soil and Water Conservation District, said she feels there are some inaccuracies in relation to the soils. It appears some sections of the EIS were not changed to reflect the change in the soil. Attorney Fitzsimmons pointed out that the role of the county in this process is not to point out errors, but to certify this action for pass-through of certain funds and allow a permit for construction on CR 17. The technical objections will be looked at, but they are not asking the county to look at different soil types. The county’s role is much more general in simply determining that they have done a pretty thorough analysis. Corrections can still be made. The Town of Dix deserves a fair amount of credit because the level of review for this is so detailed that we are down to minor percentages of certain types of soils that are affected. Legislator Marvel, in addressing Legislator Bingell’s concerns, explained that the Community Development and Natural Resources Committee did forward the EIS to certain agencies for their review and comments. He suggested adding another “Be it Further Resolved” clause that states that the findings of the Environmental Management Council, Soil and Water Conservation District and Planning Commission will be forwarded to the Town of Dix. Attorney Fitzimmons reiterated that the county’s role is not to make determinations, just that the Town of Dix did what they needed to do. They county does not have to agree with the Town substantively, but procedurally. Attorney Coleman concurred and agreed to add some language to satisfy the Legislature’s concern. Legislator Bingell called for the question. Legislator Bleiler asked if the Town of Dix has challenged the validity of the petition. Attorney Fitzsimmons said they have not. Mr. Hayes stated for the record that he still challenges the intent of the petition. Attorney Fitzsimmons stated that the EIS looks at the alternatives because something could be overlooked. The EIS does not state that CR 17 is the best route – it says that they looked at all the options and what environmental concerns there may or may not be. Legislator Larison seconded the call of the question. Legislator Marvel stated for the record that the petition about the route, including the cost, was available, as were public meetings. Attorney Fitzsimmons concluded by stating that March 4^th is the tentative date for the Town of Dix to take action.

VOTE: Passed 8-0.

RESOLUTION NO. 112 Motion by Bleiler, Second by Marvel.

RE: AUTHORIZE FILLING DEPUTY SHERIFF VACANCY – SHERIFF’S DEPARTMENT

WHEREAS, it has been over 90 days since a vacant Deputy Sheriff position has been filled, requiring legislative approval to fill said vacancy.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill one vacant Deputy Sheriff position effective immediately, funding for said position is in the 2002 budget.

VOTE: Passed 8-0.

RESOLUTION NO. 113 Motion by Bleiler, Second by Marvel.

RE: APPOINTMENTS – PLANNING COMMISSION

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Schuyler County Planning Commission for the term of February 28, 2002 through February 29, 2004:

Mike Hastritch – Industry

Bob Burnside – Town of Dix

VOTE: Passed 8-0.

PUBLIC PARTICIPATION:

Bill Hayes said he appreciates the opportunity to participate, but still contends language concerns. He does respect the Legislature’s decision. Kevin Hughey said it is very clear to him that the petitions were present at one of the two public meetings and very few people signed them. Then petitions were carried around and people were told that the project was going to happen and coerced into signing in order to receive funding. Elaine Dalrymple noted that since the Hughey property is in an Agricultural District, the NYS Department of Agriculture and Markets will participate with inspecting stream protection.

The Meeting adjourned at 10:20 a.m.

Gail M. Hughey, Clerk

SPECIAL MEETING

FEBRUARY 26, 2002

The February 26, 2002 Special Meeting of the Schuyler County Legislature was called to order at 4:00 p.m. by Acting Chairman Hastings. The Pledge of Allegiance was led by Legislator Marvel and followed by a Moment of Silence. All Legislators were present except Legislators Gifford and Bleiler who were excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

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

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