NOW, THEREFORE, BE IT RESOLVED, that Ruth S. Young be appointed to the MEGA Board of Directors effective immediately until the end of her legislative term expiring December 31, 2003.

VOTE: Passed 8-0.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 1:32 P.M.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

REGULAR MEETING

JANUARY 13, 2003

The January 13, 2003 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

7:00 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 9/LOCAL LAW NO. 2 OF THE YEAR 2003 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2003: None.

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

RE: APPROVE MINUTES OF THE MAY 13, 2002 REGULAR MEETING, JUNE 10, 2002 REGULAR MEETING AND JUNE 17, 2002 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the May 13, 2002 Regular Meeting, June 10, 2002 Regular Meeting and June 17, 2002 Special Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 8-0.

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

RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2003 AND RELATED CONTRACTS

WHEREAS, the Schuyler County Youth Bureau has prepared and the Human Services Committee recommends approval of the Youth Bureau’s Resource Allocation Plan for the year 2003.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the Youth Bureau’s Resource Allocation Plan and to execute all other documents pertinent to the operation of the Schuyler County Youth Bureau for the year 2003 within budgeted allocations; subject to approval of the Schuyler County Attorney, as follows:

Cornell Cooperative Extension

CASA of Chemung/Schuyler 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. 15 Motion by Larison, Second by Bingell.

RE: APPOINTMENT TO ALCOHOL AND SUBSTANCE ABUSE SUBCOMMITTEE – MENTAL HEALTH

WHEREAS, the Alcohol and Substance Abuse Subcommittee of the Community Services Board has a vacancy.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of William Sullivan to the Alcohol and Substance Abuse Subcommittee for the term January 1, 2002 through December 31, 2005.

VOTE: Passed 8-0.

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

RE: AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR THE HIGHWAY DEPARTMENT FOR 2003

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 hereby authorized to advertise for bids for materials and supplies for 2003 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. 17 Motion by Bingell, Second by Larison.

RE: AUTHORIZE ADVERTISEMENT FOR UTILITY TRUCK - HIGHWAY

WHEREAS, funding is available in the 2003 budget account no. 5130.245 for the purchase of a utility truck for the Machinery Department.

NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to set specifications and advertise for bids for a 2003 Utility Truck and/or utilize State Bid Contract Vendors.

VOTE: Passed 8-0.

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

RE: A RESOLUTION AUTHORIZING THE PURCHASE OF VARIOUS VEHICLES AND EQUIPMENT IN AND FOR THE COUNTY OF SCHUYLER, NEW YORK, AT A TOTAL MAXIMUM ESTIMATED COST OF $119,000, AND AUTHORIZING THE ISSUANCE OF $119,000 BONDS OF SAID COUNTY TO PAY THE COSTS THEREOF

BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the County Legislature of the County of Schuyler, New York, as follows:

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

The purchase of a vehicle lift at a maximum estimated cost of $7,400, being a specific object or purpose having a period of probable usefulness of five years pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law;

The purchase of various passenger vehicles at a maximum estimated cost of $47,300, being a class of objects or purposes having a period of probable usefulness of three years pursuant to subdivision 77 of paragraph a of Section 11.00 of the Local Finance Law;

The purchase of a passenger van for the Office for Aging at a maximum estimated cost of $21,000, being a specific object or purpose having a period of probable usefulness of five years pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law; and

The purchase of vehicles for use by the Highway Department and Buildings and Grounds at a maximum estimated cost of $43,300, being a class of objects or purposes having a period of probable usefulness of ten years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law.

Section 2. The total maximum estimated cost of the aforesaid objects or purposes is $119,000, and the plan for the financing thereof is by the issuance of $119,000 bonds of said County hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law, to be allocated in accordance with the maximum estimated costs set forth in Section 1 hereof.

Section 3. The faith and credit of said County of Schuyler, New York, are hereby irrevocable pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law.

Section 5. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law.

Section 6. The validity of such bonds and bond anticipation notes may be contested only if:

1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3) Such obligations are authorized in violation of the provisions of the Constitution.

Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150‑2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long‑term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section 8. This resolution, which takes effect immediately, shall be published in full in The Watkins Review & Express, the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law.

VOTE: Passed 7-1. No: Karius.

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

RE: AUTHORIZE LEASE AGREEMENT WITH COMMUNITY DISPUTE RESOLUTION CENTER - BUILDINGS AND GROUNDS

WHEREAS, Community Dispute Resolution Center has requested the use of available office space in Suite 301 of the Rural Urban Center.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with Community Dispute Resolution Center for rental of 60 sq. ft. in Suite 301 of the Rural Urban Center at a cost of $9 per square foot, said lease to run from January 1, 2003, through December 31, 2003, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE LEASE AGREEMENT WITH SCHUYLER COUNTY YOUTH BUREAU - BUILDINGS AND GROUNDS

WHEREAS, there will be a decrease in the square footage of office space used by the Youth Bureau in Suite 301 of the Rural Urban Center for the year 2003, and

WHEREAS, the contract change requires approval by Resolution.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with the Schuyler County Youth Bureau for rental of 634 sq. ft. in Suite 301 of the Rural Urban Center at a cost of $9 per square foot, said lease to run from January 1, 2003, through December 31, 2003, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: ADOPT AND RATIFY INTERGOVERNMENTAL AGREEMENT FOR OPERATION OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICTS AND APPOINT COMMISSIONERS/DIRECTORS

WHEREAS, the counties of Schuyler and Steuben and their respective affected townships have previously adopted Resolutions creating Lakes Protection and Rehabilitation Districts (herein “Lakes Districts”), and

WHEREAS, said Districts have been approved by referendum, the NYS Comptroller and the NYS DEC, and

WHEREAS, an Intergovernmental Agreement as attached hereto and on file specifying the operation of such districts under a joint commission is necessary to proceed.

NOW, THEREFORE, BE IT RESOLVED, that the Lakes Districts Intergovernmental Agreement is hereby approved, adopted and ratified by the County of Schuyler and that the following persons are hereby appointed to the joint offices of Commissioners of the Lamoka/Waneta Lakes District Commission and as the Board of Directors for the special assessment districts heretofore created, to wit: Seven (7) voting members and two (2) ex officio non-voting members as follows:

1. Ruth S. Young (Schuyler County Legislator) (1 yr)

2. George Whipple (Orange Elected Official) (2 yrs)

3. Kay Houtaling (Tyrone Elected Official) (2 yrs)

4. Gordon Shafer (Lamoka Lake Property Owner) (4 yrs)

5. Dennis Fagan (Waneta Lake Property Owner) (4 yrs)

6. Elaine Dalrymple (Schuyler County Soil & Water District – Ex Officio), and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby acknowledge the following appointees from Steuben County to serve on said Commission:

1. Kevin Morris (Steuben County Property Owner) (4 yrs)

2. David Sonner (Wayne Elected Official) (2 yrs)

3. Jeff Parker (Steuben County Soil & Water District – Ex Officio), and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature forward certified copies hereof to all municipalities and commissioners involved as well as the Schuyler County Treasurer and Steuben County Clerk to the Legislature.

VOTE: Passed 8-0.

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

RE: LOCAL LAW INTRO. NO. 1 OF THE YEAR 2003 AMENDING LOCAL LAW NO. 12 OF 2000 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE)

BE IT RESOLVED, that Local Law Intro. No. 1 of the year 2003, in the form hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and

BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on February 10, 2003 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 1 OF THE YEAR 2003

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

Section 1. By Local Law No. 12-2000, this Legislature authorized an application for the designation of an Empire Zone relative to certain land within Schuyler County Empire Zone.

Section 2. That the County of Schuyler has received Empire Zone approval from New York State.

Section 3. By Local Law No. 12-2000, adopted on November 15, 2000, the Empire Zone was established.

Section 4. By Local Law No. 1-2001, adopted on January 30, 2001, the Empire Zone was amended.

Section 5. It is the desire of this Legislature to authorize an application to revise the Empire Zone, to include____acres located in Schuyler County.

Section 6. The County of Schuyler is hereby authorized to submit an application to revise the Empire Zone to include the property described in Section 7 of this Local Law.

Section 7. The boundary of the Empire Zone, as described in Local Law No. 12-2000 and Local Law No. 1-2001, shall be amended to include the properties generally described as follows:

Section 8. The Commissioner of the New York State Department of Economic Development is hereby requested to revise the boundaries of the Empire Zone in accordance with this Local Law.

Section 9. In all other respects, Local Law No. 12-2000 and Local Law No. 1-2001, shall remain in full force and effect.

Section 10. This Local Law shall take effect immediately subject to filing in the Office of the Secretary of State.

NOTE: The acreage and property description will be filled in after the boundary revision submission is approved by the state (sometime after January 15). This information will be available for the public hearing and final adoption in February.

VOTE: Passed 8-0.

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

RE: AUTHORIZE BISHOP SHEEN ECUMENICAL HOUSING FOUNDATION TO APPLY FOR A HOME PROGRAM GRANT AND A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ON BEHALF OF SCHUYLER COUNTY

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

WHEREAS, the United States Department of HUD also has funding available through the Small Cities Community Development Block Grant (CDBG) for the purpose of undertaking housing, economic development and public facility projects, and

WHEREAS, Bishop Sheen Ecumenical Housing has the staffing and expertise to apply for these funds on behalf of Schuyler County, and there is a need for these programs county-wide, and

WHEREAS, two public hearings are required to be held in conjunction with the preparation of the CDBG application in order to obtain the views of residents regarding housing needs and the County’s grant application, according to a plan for citizen participation.

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

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

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

February 10, 2003 at 7:00 P.M. in the Legislative Chambers

March 10, 2003 at 7:00 P.M. in the Legislative Chambers

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT RENEWAL WITH FINGER LAKES WINE COUNTRY FOR 2003

WHEREAS, the term of the contract with Finger Lakes Wine Country is changing from a three-year contract to an annual contract, which requires legislative approval.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Finger Lakes Wine Country for promotional activities for the term January 1, 2003 through December 31, 2003, in an amount of $15,000, funding available in the 2003 budget account no. 6410.311; contract subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: RESOLUTION IN SUPPORT OF JOINING SOUTHERN TIER ORGANIZATION TO REFORM MEDICAID (STORM)

WHEREAS, Chemung County is spearheading the organization of six counties (Chemung, Schuyler, Steuben, Tioga, Tompkins and Broome) to form the Southern Tier Organization to Reform Medicaid (STORM) to orchestrate a ground swell of support for reform of the Medicaid Program, and

WHEREAS, this group will include not only local government officials, but also organized labor, the business community and taxpayer groups from throughout this region, and

WHEREAS, it is the recommendation of the Management and Finance Committee that Schuyler County join this regional approach to seek relief from the burden of Medicaid.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to take whatever steps necessary to assist in the formation of Southern Tier Organization to Reform Medicaid (STORM) and make whatever appointments necessary to ensure Schuyler County’s full participation in this effort.

VOTE: Passed 8-0.

RESOLUTION NO. 26 Motion by Bleiler, Second by Bingell.

RE: AUTHORIZE LETTER TO ERIE COUNTY IN SUPPORT OF THEIR EFFORTS REGARDING MEDICAID REFORM

WHEREAS, Erie County has submitted a Proposal to the Governor of the State of New York to Fund the Local Share of Medicaid, to Manage Medicaid, Incentivize Local Government Efficiency and Provide Economic Stimulus through Property Tax Relief, and

WHEREAS, this proposal recommends that New York State create a Local Health Care Reform Authority with the power to raise a dedicated revenue source in order to relieve New York counties of the responsibility for funding the local share of Medicaid, and

WHEREAS, the Management and Finance Committee recommends a letter of support to Erie County for their efforts only if their effort clearly states that New York State will completely take over the local cost of Medicaid and work towards Medicaid reform.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to send a letter of support to Erie County with the stipulation set forth above.

VOTE: Passed 8-0.

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

RE: LOCAL LAW INTRO. NO. 9 OF THE YEAR 2002/LOCAL LAW NO. 2 OF THE YEAR 2003 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2003

WHEREAS, a proposed Local Law setting salaries for certain public officers for fiscal year 2003 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held January 13, 2003 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. 9 of the Year 2002/Local Law No. 2 of the Year 2003, 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. 9 of the Year 2002/Local Law No. 2 of the Year 2003, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 9 OF THE YEAR 2002/LOCAL LAW NO. 2 OF THE YEAR 2003

A Local Law Setting Salaries for Certain Public Officers for the Year 2003.

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

1. Effective within 45 days hereof, the following adjustments of salaries for the public officers listed below shall be in the amounts herein stated effective January 1, 2003.

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

County Attorney $46,168

Assistant County Attorney $61,539

Conf. Sec’y. to County Attorney $32,243

Personnel Officer $34,653

Deputy County Clerk $28,705

Assistant District Attorney $53,937

Conf. Sec’y. to District Attorney $29,400

Clerk to Legislature $54,000

Deputy Clerk to Legislature $32,104

Public Defender $42,105

Assistant Public Defender $22,632

Purchasing Agent $29,593

Real Property Tax Director $43,707

Commissioner of Social Services $53,058

Deputy County Treasurer $29,360

County Highway Superintendent $47,374

Deputy County Highway Supt. $42,183

Undersheriff $42,858

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

VOTE: Passed 8-0.

WITHDRAWN

RE: AUTHORIZE SALE OF SURPLUS COUNTY PROPERTY IN THE TOWN OF CATHARINE - WITHDRAWN

WHEREAS, Schuyler County holds title to Parcel 88.13-1-77 being a 2-acre parcel, more or less, in the Town of Catharine, and

WHEREAS, this parcel is no longer needed by the County.

NOW, THEREFORE, BE IT RESOLVED, that Parcel 88.13-1-77 be declared surplus in accordance with County Law Section 215, and

BE IT FURTHER RESOLVED, that Parcel 88.13-1-77 be sold at the next County property auction, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature and the County Attorney are hereby directed and authorized to take all steps necessary to complete the sale of said premises, to include the preparation and signature of all necessary conveyance documents, and

BE IT FUTHER RESOLVED, that the Clerk of the Legislature shall prepare a certified copy of this Resolution for transmittal to the County Attorney’s Office and recording in the Schuyler County Clerk’s Office at closing.

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

RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT

WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to solicit sealed bids for the application of fluridone on Waneta Lake and the residual monitoring thereof.

NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be hereby authorized to advertise for bids for chemical application and residual monitoring services as set forth above for the Lamoka/Waneta Lakes Protection and Rehabilitation District, and

BE IT FURTHER RESOLVED, that bids will be due no later than 5:00 p.m. on Wednesday, March 5, 2003. Acceptance/rejection of the bids will be done at the March 10, 2003 Regular Meeting of the Legislature. The County of Schuyler reserves the right to accept or reject any and all bids.

VOTE: Passed 8-0.

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

RE: AUTHORIZE RE-APPOINTMENT OF THE COMMISSIONER OF SOCIAL SERVICES

WHEREAS, the current appointment term for the Commissioner of Social Services will expire on March 15, 2003, and

WHEREAS, it is the recommendation of the Legislature to re-appoint William J. Weiss to that position.

NOW, THEREFORE, BE IT RESOLVED, that William J. Weiss be re-appointed as the Commissioner of Social Services for a five-year term commencing on March 16, 2003, and terminating on March 15, 2008.

VOTE: Passed 8-0.

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

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, 2003 through December 31, 2003, to wit:

BARGAINING UNIT COMMITTEES

Thomas Gifford, Chairman of Legislature

Daryl Slusser, Chairman of Management and Finance Committee

Sharon Bingell, Chairman of Public Works Committee

Glenn Larison, Chairman of Public Safety/Criminal Justice Committee

Gail Hughey, Clerk to the Legislature

FINGER LAKES RESOURCE CONSERVATION & DEVELOPMENT COUNCIL

Charles Fausold

FIRE SAFETY ADVISORY BOARD

Mike McClernon/Tim Hudson – Beaver Dams

Jason Kelly/Curt Connelly – Burdett

Richard Robertson/William Ward – Mecklenburg

Ron Ames, Jr./Larry States – Monterey

Paul Cartwright/Jim Ryan – Montour Falls

Robert Franklin/Todd Thoman – Odessa

Eric Anderson/Al Buckland – Tyrone

Mike Hicks/John Mason – Valois-Logan Hector

Robert DeDominick/Charles Smith, Sr. – Watkins Glen

Glenn Larison – Legislator

INTERCOUNTY ASSOCIATION OF WESTERN NEW YORK

Thomas M. Gifford

Glenn R. Larison

Gail M. Hughey

LOCAL EARLY INTERVENTION COORDINATING COUNCIL

David Lambert, NYS Dept. of Health

Camille Meeks, Watkins Glen Central School

Paula Hurley, Odessa Montour Central School

Erik Miller, Provider

Bonnie Herzig, ARC

Michelle Myers, Provider

Susan Haeffner, Provider

LOCAL EARLY INTERVENTION COORDINATING COUNCIL CONTINUED

Laurie Hanlon, Provider

Beverly Clickner, Social Services

Arnab Bagchi, 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

JoAnn Fratarcangelo, Youth Bureau

PROFESSIONAL ADVISORY COMMITTEE

William Weiss, Social Services

Connie Fraboni, RN, Mental Health

Cynthia Terry, MD, Medical Director

Debbie Bailey, Schuyler Homecare

Elizabeth Hayes, Member at Large

Kathryn Doolittle, Member at Large

Linda Potter, RN, Director of Patient Svcs.

Marcia Kasprzyk, Deputy Director Public Health

Michael Gehl, The Falls Home

Michael Yuhasz, Legislator

Michelle Myers, Schuyler Hospital Therapy

Renato Rojas, MD, Schuyler Hospital

Robert Dunphy, Director Office for the Aging

Ruth Bedient, Member at Large

Thomas Gifford, Chairman of Legislature

VOTE: Passed 8-0.

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

RE: TWO-YEAR APPOINTMENTS

ENVIRONMENTAL MANAGEMENT COUNCIL (EMC)

Richard Hurley, Orange

Ben Dickens, Hector

Amelia Cornish, Montour Falls

Robert King, Watkins Glen

Ruth Young (for term of office expiring 12/31/03)

Patti Lisk, Member at Large

James Howell, Watershed

Michelle LaDue-Benjamin, Member at Large

Elaine Dalrymple, Member at Large

Kenneth Dillon, Montour

John Rockwell, Reading

FISH AND WILDLIFE MANAGEMENT BOARD

Dana Sgrecci, Landowner

LAW LIBRARY BOARD OF TRUSTEES

Michael Yuhasz

OFFICE FOR THE AGING ADVISORY COUNCIL

Beth Creamer, RSVP

Joette McBride, Hector East

Janine Benjamin-Kuehl, Schuyler Hospital

Dorothy Huey, Tyrone

Verna Shrout, Catharine

Marjorie Tewksbury, Montour Falls

Kathryn Doolittle, Consumer

Marcia Kasprzyk, Home Health

Marie Jimerson, ARC

Robert Burnside, Dix

Charles Young, Orange

William Weiss, Social Services

Ida Landrum, Burdett

PLANNING COMMISSION

Mary Huntley, Tyrone

Linda Arcangeli, Burdett

Jeffrey Greuber, Odessa

Lauren Lodge, Watkins Glen

Frank Gigliotti, Reading

Cindy Atwell, Tourism

Ed Gates, Farming

Bill Kelly, Medical

QUEEN CATHARINE STEERING COMMITTEE

Ruth S. Young

VOTE: Passed 8-0.

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

RE: APPOINTMENT – SOIL AND WATER CONSERVATION BOARD OF DIRECTORS

BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of James Hazlitt to the Soil and Water Conservation Board of Directors for a three-year term commencing January 1, 2003 through December 31, 2005.

VOTE: Passed 8-0.

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

RE: APPOINTMENTS – SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY (SCIDA)

BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of the following individuals to the SCIDA for the term January 1, 2003 through December 31, 2005, to wit:

Jerry Marvel

Carl Taber

Daryl Slusser, Legislator (no term)

VOTE: Passed 8-0.

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

RE: APPOINTMENTS – EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE

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

Richard Churches, Driver Training 1/1/03-12/31/05

Ptl. Richard Pierce, Watkins Glen Police 1/1/03-12/31/05

Thomas Gifford, Chairman of Legislature 1/1/03-12/31/03

Gregory Mathews, Highway Superintendent 1/1/03-12/31/05

William Yessman, Stop DWI Coordinator 1/1/03-12/31/05

Charles Franzese, Engineer 1/1/03-12/31/03

VOTE: Passed 8-0.

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

RE: APPOINTMENTS – SCHUYLER COUNTY YOUTH BOARD

BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of the following individuals to the Schuyler County Youth Board for the terms set forth below, to wit:

John Marx, District II 1/1/03-12/31/05

Katie Oates, Youth 1/1/03-12/31/03

VOTE: Passed 8-0.

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

RE: APPOINTMENT – COOPERATIVE EXTENSION SERVICE

BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Doris L. Karius to the Cooperative Extension Service for the term January 1, 2003 through December 31, 2005.

VOTE: Passed 8-0.

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

RE: APPOINTMENT – COMMUNITY SERVICES BOARD AND MENTAL RETARDATION/ DEVELOPMENTAL DISABILITIES COMMITTEE

BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Michael Yuhasz to the Community Services Board and the Mental Retardation/Developmental Disabilities Committee to fill the unexpired term of Patricia Hastings ending December 31, 2003.

VOTE: Passed 8-0.

RESOLUTION NO. 38 Motion by Bleiler, Second by Karius.

RE: APPOINTMENT – SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD

BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Daryl Slusser to the Southern Tier Central Regional Planning & Development Board to fill the unexpired term of Jerold Marvel ending December 31, 2003 and Kelsey Jones as Member at Large for the term January 1, 2003 through December 31, 2004.

VOTE: Passed 8-0.

RESOLUTION NO. 39 Motion by Bleiler, Second by Karius.

RE: APPOINTMENT – LABOR/MANAGEMENT COMMITTEE

BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Daryl Slusser to the Labor/Management Committee to fill the unexpired term of Patricia Hastings ending December 31, 2004.

VOTE: Passed 8-0.

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

RE: APPOINTMENT – AGRICULTURE AND FARMLAND PROTECTION BOARD

BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Geraldine Richtmyer to the Agriculture and Farmland Protection Board as the Farmer Representative for the term January 1, 2003 through December 31, 2006.

VOTE: Passed 8-0.

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

RE: APPOINTMENTS – AUDITING COMMITTEE

BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of the following legislators to the Auditing Committee for a term contiguous with their term of office, to wit:

Daryl Slusser 1/1/03-12/31/06

Glenn Larison 1/1/03-12/31/05

Sharon Bingell 1/1/00-12/31/03

Delmar Bleiler 1/1/02-12/31/05

Thomas Gifford 1/1//03-12/31/06

VOTE: Passed 8-0.

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

RE: APPOINTMENT - FOREST PRACTICE BOARD

BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Brian Knox to the Forest Practice Board for a three-year term commencing January 1, 2003 through December 31, 2005.

VOTE: Passed 8-0.

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

RE: APPOINTMENT – SCOPED BOARD OF DIRECTORS

BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Thomas Gifford to the SCOPED Board of Directors for a three-year term commencing January 1, 2003 through December 31, 2005.

VOTE: Passed 8-0.

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

RE: MOTION TO BRING THREE (3) RESOLUTIONS TO THE FLOOR

BE IT RESOLVED, that one (3) Resolutions be brought to the floor.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT RENEWAL WITH CORNELL COOPERATIVE EXTENSION OF SCHUYLER COUNTY FOR RECYCLING AND SOLID WASTE EDUCATION AND COORDINATION FOR THE YEAR 2003

WHEREAS, the current contract with Cornell Cooperative Extension for Recycling and Solid Waste appropriations expired December 31, 2002, and

WHEREAS, Cornell Cooperative Extension has requested that the county funds in the amount of $16,150 be paid in one lump sum.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a renewal contract with the Cornell Cooperative Extension of Schuyler County for the term January 1, 2003 through December 31, 2003 for recycling and solid waste education and coordination appropriations to be paid as set forth above, said appropriation in the 2003 County budget; subject to the approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AMEND 2003 SALARY SCHEDULE

WHEREAS, longevity credit for the two clerical positions in the Schuyler County Sheriff’s Department and salary increases for the Sheriff and Undersheriff were erroneously omitted from the adopted 2003 Salary Schedule.

NOW, THEREFORE, BE IT RESOLVED, that the Schedule of Salaries for 2003, as on file, be amended effective January 1, 2003.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT WITH BARRET FUNERAL HOME FOR EXHUMATION SERVICES/ TRANSER OF FUNDS – DISTRICT ATTORNEY

WHEREAS, Schuyler County has set aside a contingency fund of certain public monies to be used in the event of an emergency expense, and

WHEREAS, the Schuyler County District Attorney’s Office is presently investigating a homicide, and that investigation requires exhumation of the remains of a human being and their transport to the Monroe County Medical Examiner’s Office where the remains shall be examined and then returned to Woodlawn Cemetery in Elmira, New York, and

WHEREAS, the District Attorney advises that in his role as a public official he cannot properly do his job in the absence of such exhumation and examination.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with James D. Barrett Funeral Home for exhumation services at a cost of $2,950, subject to

Governor’s proposals not be accepted. He feels Sentator Bruno and Assemblyman Silver are against them. Chairman Gifford said the Schuyler County Partnership for Economic Development (SCOPED) office is making contingency plans for the worse case scenario. Legislator Slusser feels if they get to that point, it sets up businesses for double jeopardy. He feels the businesses without the zone might have to pay the taxes for those in the zone. David said that is up to the zone committee to decide. Businesses certified before 2004 will not be affected by the Governor’s proposal.

RESOLUTION NO. 50 Motion by Bingell, Second by Larison.

RE: APPROVE MINUTES OF THE JULY 8, 2002 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the July 8, 2002 Regular Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 6-0. Abstain: Yuhasz, Slusser.

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

RE: AUTHORIZE POLICY SETTING FORTH RESPONSIBILITY FOR PRIVATE ROAD SIGNS THROUGHOUT SCHUYLER COUNTY – EMERGENCY MANAGEMENT

WHEREAS, the Schuyler County Emergency Management Coordinator is the person responsible for establishing new addresses in the county, i.e. the rural numbering system, and

WHEREAS, when people build homes more than 500 feet back in off a main county road, the Emergency Management Coordinator will authorize the owner to name their driveway as a private road, therefore needing a road sign for that driveway.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature set the policy that in the above case, the Highway Department shall make and install the signs for said private county roads, and continue the practice of providing this service for the Town Highway Departments for private roads off a town road, or the New York State Department of Transportation for private roads off a state road.

VOTE: Passed 8-0.

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

RE: AUTHORIZE GRANT APPLICATION WITH STATE EMERGENCY MANAGEMENT OFFICE

WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for assistance under the Emergency Performance Grant for Fiscal Year 2003 (FY03), and

WHEREAS, this grant provides matching funds for certain personnel and administrative expenses associated with our local emergency management program, and

WHEREAS, the tentative FY03 allocation for Schuyler County under this planning program is $5,563.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the aforementioned grant funds with the State Emergency Management Office; said documents subject to approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE GRANT APPLICATION WITH FEDERAL EMERGENCY MANAGEMENT AGENCY UNDER THE FEDERAL FISCAL YEAR 2002 EMERGENCY SUPPLEMENTAL APPROPRIATIONS BILL

WHEREAS, the State Emergency Management Office has been awarded $6.5 million by the Federal Emergency Management Agency (FEMA), for programs to help local and emergency management to become better prepared to respond to all types of disaster and emergencies, with a focus on terrorism, and

WHEREAS, the tentative annual allocation for Schuyler County under this planning program is $28,432, and

WHEREAS, the funds will provide 100% federal reimbursement of eligible costs that Schuyler County incurs in our planning effort.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the FEMA 2002 Emergency Supplemental grant with the State Emergency Management Office; subject to the approval of the County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE GRANT APPLICATION WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR CANINE VEHICLE – SHERIFF’S DEPARTMENT

WHEREAS, monies are available in an amount not to exceed $30,000 from a Law Enforcement Block Grant through the NYS Division of Criminal Justice Services for the Schuyler County Sheriff’s Department to purchase a K-9 vehicle and equipment, with a 10% local match required, and

WHEREAS, said local match is available in the Sheriff’s 2003 budget account no. 3110.100-Drug Investigations.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the aforementioned grant funds; said documents subject to approval by the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the 10% match from account no. 3110.100-Drug Investigations into the appropriate equipment account.

VOTE: Passed 8-0.

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

RE: APPROVE ALTERNATIVES TO INCARCERATION SERVICE PLAN – PROBATION

WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the year 2003, and

WHEREAS, the said Plan and Budget have been reviewed and both appear to be in order and approved by the Public Safety/Criminal Justice Committee of this Legislature.

NOW, THEREFORE, BE IT RESOLVED, that the year 2003 Criminal Justice Advisory Alternatives to Incarceration Plan and Budget be hereby approved by the Schuyler County Legislature, and the Chairman be authorized to sign the same, 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. 56 Motion by Larison, Second by Bleiler.

RE: RESOLUTION IN SUPPORT OF THE APPLICATION FOR THE INDUSTRIAL ACCESS PROGRAM (IAP) GRANT FOR THE VILLAGE OF ODESSA TO USE FOR THE PARMENTER INDUSTRIAL ACCESS ROAD WHICH IS INCLUDED IN THE EMPIRE DEVELOPMENT ZONE – HIGHWAY DEPARTMENT

WHEREAS, the Village of Odessa has expressed interest in constructing a new two-lane roadway, just under one-half of a mile long, along an abandoned railroad bed between State Route 224 and Mill Street, and

WHEREAS, the current road via Mill Street is compromised by the restricted weight posting on the bridge over Deckertown Creek, and

WHEREAS, the proposed access road would become a village street and would be owned and maintained by the Village of Odessa.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby go on record expressing their support for the above-proposed project and encourage approval of the Village of Odessa’s grant application through the Industrial Access Program.

VOTE: Passed 8-0.

RESOLUTION NO. 57 Motion by Bingell, Second by Bleiler.

RE: RESOLUTION AUTHORIZING ADVERTISEMENT FOR THE RECONSTRUCTION OF THE BURDETT PEDESTRIAN BRIDGE ON COUNTY ROUTE 5 – HIGHWAY DEPARTMENT

WHEREAS, Schuyler County accepted a proposal for engineering services for the Replacement of County Route 5 Burdett Bridge over Hector Falls Creek BIN #3332530, and,

WHEREAS, the project design is complete and it is now necessary to advertise for bids for construction, and

WHEREAS, funding for said project is available in the 2003 budget account no. 5120.306.

NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be hereby authorized to advertise for the construction of the County Road 5 Burdett Bridge Replacement.

DISCUSSION: Legislator Karius said she will be voting no on this resolution. She feels the money would be better spent on road maintenance. Legislator Bingell explained that capital funds have to be used for a bridge, or to build a new road. Legislator Bleiler said the county has been responsible for this bridge for 20+ years. We owned it when the State closed it and owned it when it was re-opened for pedestrians. Now it is closed to pedestrians. We have three options, to remove it; put in a pedestrian bridge; or replace the bridge. He feels this proposal is a good compromise. He feels this will keep people off the State highway. It is also part of the Finger Lakes hiking trail. The bridge is used by tourists and the Village of Burdett is interested in development around it. He feels it is money well spent. Once the project is complete, the county can turn over the ownership to the Village and get out from under the liability, and the Village gains something.

VOTE: Passed 7-1. No: Karius.

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

RE: AUTHORIZE CONTRACT WITH THE STATE OF NEW YORK FOR CLEAN WATER/CLEAN AIR ACT FUNDS – SENECA HARBOR PARK

WHEREAS, Resolution No. 301 of 2001 authorized an application of grant funds through Title 9 of the Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act in the amount of $391,334, and

WHEREAS, on November 18, 2002 Governor Pataki announced that Schuyler County was to receive a matching grant of $175,330 from the Clean Water/Clean Air Bond Act for the Seneca Harbor Park Phase II project.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with the New York State Office of Parks, Recreation and Historic Preservation for the above-mentioned grant, subject to approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS TO PROVIDE CONSTRUCTION DOCUMENTS AND SPECIFICATIONS, BID ADMINISTRATION, ESTIMATED DISBURSEMENTS AND CONSTRUCTION ADMINISTRATION – SENECA HARBOR PARK

WHEREAS, Schuyler County has received a grant from the New York State Office of Parks, Recreation and Historic Preservation for Seneca Harbor Park Phase II, and

WHEREAS, Hunt Engineering, Architect, & Surveyors has provided preliminary design work for Phase II.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Hunt Engineers to provide construction documents and specifications, bid administration and construction administration at a cost of $32,042.00; subject to approval by the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that said project shall be advertised for bid upon meeting all grant requirements for construction documents and specifications.

VOTE: Passed 8-0.

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

RE: A RESOLUTION AUTHORIZING ENGINEERING WORK IN CONNECTION WITH THE SENECAHARBOR BREAKWATER PROJECT IN AND FOR THE COUNTY OF SCHUYLER, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $40,000; AUTHORIZING THE ISSUANCE OF $40,000 BONDS OF SAID COUNTY TO PAY THE COST THEREOF

BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the County Legislature of the County of Schuyler, New York, as follows:

Section 1. Engineering work in connection with the Seneca Harbor breakwater project in and for the County of Schuyler, New York, is hereby authorized at a maximum estimated cost of $40,000.

Section 2. The plan for the financing of such maximum estimated is by the issuance of $40,000 bonds of said County hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law.

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62 of paragraph a of Section 11.00 of the Local Finance Law.

Section 4. The faith and credit of said County of Schuyler, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law.

Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law.

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

1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3) Such obligations are authorized in violation of the provisions of the Constitution.

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

Section 9. This resolution, which takes effect immediately, shall be published in full in The Watkins Review & Expresss, the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT WITH WOOD CONSULTING & TESTING SERVICES TO PROVIDE CONSTRUCTION DOCUMENTS AND SPECIFICATIONS, BID ADMINISTRATION, ESTIMATED DISBURSEMENTS AND CONSTRUCTION ADMINISTRATION AT A COST OF $40,000 – SENECA HARBOR PARK

WHEREAS, the Seneca Harbor Park Breakwater has settled and deteriorated from the wave action since it was constructed in 1988, and

WHEREAS, Resolution No. 388 of 2001 authorized Gary L. Wood P.E. to survey existing conditions, make design recommendations for repair and estimate probable construction costs, and

WHEREAS, the deterioration has reached a point where seasonal high lake water is over the breakwater, making it ineffective.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Wood Consulting and Testing Services to provide construction documents and specifications, bid administration and construction administration at a cost of $40,000.00; subject to approval by the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that said project shall be advertised for bid upon completion of construction documents and specifications.

VOTE: Passed 8-0.

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

RE: AUTHORIZE HIRING A TEMPORARY FULL-TIME CLEANER UNTIL FULL-TIME CLEANER OUT ON DISABILITY RETURNS TO WORK – BUILDINGS AND GROUNDS

WHEREAS, the Building & Grounds Department has a full-time cleaner out on medical disability with an anticipated return to work date of some time in June, 2003, and

WHEREAS, Resolution No. 289-02 authorized an increase in hours of the two part-time Cleaners, however the Building Maintenance Supervisor recommends returning them to their normal hours and hiring one full-time Cleaner on a temporary basis.

NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be hereby authorized to hire a full-time temporary Cleaner, Grade Level IX at a salary of ($9.96/hour using 2002 contract rates), until the return of the cleaner out on disability, and

BE IT FURTHER RESOLVED, that the two part-time cleaners shall return to their normal 19 hours per week upon the hiring of the temporary cleaner.

VOTE: Passed 8-0.

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

RE: AUTHORIZE AMENDMENTS TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN

WHEREAS, the Management/Confidential Salary Plan sub-committee has met to discuss concerns with the appraisal process and recommends the following amendments.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby amend the Management/Confidential Salary Plan, as follows (changes in bold):

Section III (page 17), third paragraph:

Independent performance appraisals of department heads included in the plan will be made by the Chairman of the Legislature, Chairman of appropriate standing committee and senior member of appropriate standing committee. The Personnel Officer shall attend each performance appraisal meeting and act as a facilitator and record keeper. After arriving at independent ratings, the members of the appraisal committee should discuss those ratings and arrive at a final rating in each category by consensus and also reach consensus on the remarks to be stated on the appraisal form. Department Heads will appraise their Deputy Department Heads and any other management/confidential employees in their departments.

Section IV (page 25), Appeals Process:

Add 7.

If the Legislature alters the performance appraisal in any way based on the appeal, a new performance appraisal will be prepared and that amended performance appraisal will become the only record placed in the personnel file for that year.

VOTE: Passed 8-0.

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

RE: DECLARE COMPUTER/PRINTER SUPRLUS – YOUTH BUREAU

WHEREAS, there are various pieces of equipment in the Youth Bureau that are no longer operable or no longer needed, due to replacement.

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

Monitor, Acer 14” SVGA

Computer, Acer 486

Printer , HP Desk Jet 500

Adding Machine/Calculator

VOTE: Passed 8-0.

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

RE: DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU

WHEREAS, the New York Office of Children and Family Services (OCFS) allows the County Chief Executive 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 Plan after approval be the Schuyler County Youth Board and with appropriate reporting to the Human Service Committee of the Legislature.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACTS FOR FAMILIES FIRST PROGRAM FOR 2003 – YOUTH BUREAU

WHEREAS, the Youth Bureau is the coordinating department of the Families First program, and

WHEREAS, each of the following departments (Social Services, Mental Health, Public Health and Probation) have money in their 2003 respective budgets to support the Families First Program.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract for the Youth Bureau with the following departments for the provision of the Families First program for the year 2003 as follows; subject to the approval of the Schuyler County Attorney:

Department of Social Services $18,000

Mental Health $17,000

Public Health $10,000

Probation $ 5,000

VOTE: Passed 7-1. No: Karius.

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

RE: AMEND 2003 BUDGET FOR TANF SERVICES PLAN – SOCIAL SERVICES

WHEREAS, the Department of Social Services has TANF Services Plan funds leftover from 2002 that may be spent in 2003.

NOW, THEREFORE, BE IT RESOLVED, that the 2003 budget be amended as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+ $14,710 6010.552 TANF Services Plan

+ $14,710 6010-4610 Federal Aid - Administration

VOTE: Passed 8-0.

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

RE: AMEND 2003 BUDGET FOR NON-RESIDENTIAL DOMESTIC VIOLENCE GRANTS – SOCIAL SERVICES

WHEREAS, the State of New York allocated $50,000 for non-residential domestic violence services provided through June 30, 2003, to the Schuyler County Department of Social Services, and

WHEREAS, the Department of Social Services has contracts with Catholic Charities to provide these services, and

WHEREAS, the county spent $8,464 through December 31, 2002, and has $41,536 left for 2003.

NOW, THEREFORE, BE IT RESOLVED, that the 2003 budget be amended as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+ $41,536 6010.370 Non Residential DV Services

+ $41,536 6010-4610 Federal Aid - Administration

VOTE: Passed 8-0.

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

RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF HECTOR, TAX MAP 44.19-1-51, CLAWSON

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

WHEREAS, failure to grant the Senior Citizens Exemption constitutes a clerical error as defined in RPTL Section 550(2)c , and

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

NOW, THEREFORE, BE IT RESOLVED, that this application be approved, the 2003 Tax Warrant for the Town of Hector be reduced by $199.68, a corrected bill be issued for Tax Map 44.19-1-51, Bill #103 in the amount of $199.68, and

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Town of Hector.

VOTE: Passed 8-0.

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

RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF TYRONE, TAX MAP 39.-1-45.111 , CANFIELD

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

WHEREAS, the incorrect lakes district entry constitutes a clerical error as defined in RPTL, Section 550(2)e , and

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

NOW, THEREFORE, BE IT RESOLVED, that this application be approved, the 2003 Tax Warrant for the Town of Tyrone be reduced by $101.91, a corrected bill be issued for Tax Map 39.-1-45.111, Bill #682 in the amount of $269.70

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Town of Tyrone and the Lakes District.

VOTE: Passed 8-0.

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

RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF CAYUTA, TAX MAP 112.-1-27./2, CROWN ATLANTIC CO. LLC

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

WHEREAS, the entry of assessed value for a non-existent improvement constitutes an error in essential fact as defined in RPTL, Section 550(3)b, and

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

NOW, THEREFORE, BE IT RESOLVED, that this application be approved, the 2003 Tax Warrant for the Town of Cayuta be reduced by $2,502.65, deleting tax bill #349, parcel 112.-1-27./2, and

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

VOTE: Passed 8-0.

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

RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF CATHARINE, TAX MAP 88.13-1-66, SOLID ROCK YOUTH MINISTRIES

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

WHEREAS, the NYS Constitution provides that the real property owned by a religious organization and used exclusively for religious purposes is exempt from taxation, and that failure to grant an exemption constitutes a clerical error as defined in RPTL, Section 550(2)c, and

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

NOW, THEREFORE, BE IT RESOLVED, that this application be approved, the 2003 Tax Warrant for the Town of Catharine be reduced by 374.40, and

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Town of Catharine.

VOTE: Passed 8-0.

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

RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF READING, TAX MAP 52.-1-29.21, ROWE

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

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

WHERAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that this be approved.

NOW, THEREFORE, BE IT RESOLVED, that this application be approved, the 2003 Tax Warrant for the Town of Reading be reduced by $94.87, a corrected bill be issued for Tax Map 52.-1-29.21 Bill #797, and that a copy of this resolution be forwarded to the Town of Reading Tax Collector and to the Watkins Glen Central School Tax Collector.

VOTE: Passed 8-0.

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

RE: AUTHORIZE PURCHASE OF EQUIPMENT/TRANSFER OF FUNDS – BOARD OF ELECTIONS

WHEREAS, the Schuyler County Board of Elections office needs to continue with upgrades of the TEAM 2000 computer program and to continue with support from NTS, and

WHEREAS, the Board of Elections anticipates changes in programs and procedures, as well as increased volume of work, and

WHEREAS, the Board of Elections anticipates changes in personnel in 2003 and training of new Deputy Commissioners, and

WHEREAS, there are no funds available in the 2003 Board of Elections budget for this purchase, and

WHEREAS, it is upon recommendation of the Governmental Operations Committee that the equipment (HP4570 Scanner and Barcode Wand with accompanying keyboard wedge) be purchased promptly, at a total cost of $340.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the amount of $340.00 from contingency account 1990.500 to Board of Elections account no. 1450.207-Computer Equipment, for said purchase above.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT RENEWAL WITH MICHELLE BERLISS FOR PSYCHOLOGICAL SERVICES FOR 2003 – MENTAL HEALTH

WHEREAS, the Mental Health Clinic is in need of psychological services for children, youth and adults, and

WHEREAS, Michelle Berliss is a qualified psychologist with whom the Clinic contracted with last year, and

WHEREAS, there is funding available in the Mental Health 2003 budget, account 4310.435 for this service.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Michelle Berliss for the provision of psychological services at the rate of $65.00 per hour in an amount not to exceed $50,700 for the calendar year 2003, to be renewed annually, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE APPLICATION FOR AN “EAT WELL, PLAY HARD” GRANT THROUGH THE NEW YORK STATE DEPARTMENT OF HEALTH – PUBLIC HEALTH

WHEREAS, Schuyler County Public Health would like to participate in a multi-agency grant application, with Schuyler County Public Health being the lead agency, and

WHEREAS, the other agencies involved are Cornell Cooperative Extension, Youth Bureau and Head Start, and

WHEREAS, the term of this grant will be July 1, 2003 through June 30, 2004 and renewable for two years, depending upon contractor performance and funding being available, and

WHEREAS, it is believed that this grant will help children in increasing developmentally appropriate physical activity, increasing the consumption of 1% or less milk and low-fat dairy products and increasing the consumption of fruits and vegetables.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all agreements related to the “Eat Well, Play Hard” Grant, once the grant has been received, in an amount not to exceed $85,000.00 per year, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT RENEWAL WITH MILLER ASSOCIATES FOR HOME HEALTH THERAPY SERVICES FOR 2003 – PUBLIC HEALTH

WHEREAS, the rates from Miller Associates for occupational therapy and speech therapy will increase to $46.00 per hour and the rate for physical therapy to $50.00 per hour for the calendar year 2003.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract to be renewed annually on a calendar year, with Miller Associates; to provide home health therapy services from 1/1/2003 through 12/31/2003, funding for this contract available in account no. 4010.490; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE CONTRACT RENEWAL WITH PATHWAYS, INC. FOR 2003 – MENTAL HEALTH

WHEREAS, the Mental Health Department currently contracts with Pathways, Inc. for respite services for children and youth participating in the Schuyler County’s Intensive Case Management Program, and

WHEREAS, the continuation of these services would be beneficial to the mental health of other families participating in programs through the Schuyler County Mental Health Department.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Pathways, Inc. for the term January 1, 2003 through December 31, 2003, to include respite services for children and youth participating in programs of the Schuyler County Mental Health Clinic and approved for services by the Director or his designee, funding available in account no. 4310.435; subject to approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

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

RE: AUTHORIZE RENEWAL AGREEMENT WITH HEALTH CARE COMPLIANCE ENTERPRISE – MENTAL HEALTH

WHEREAS, the Mental Health Department contracted previously with Health Care Compliance Enterprise to develop a comprehensive compliance program, and

WHEREAS, there is still work to be done to complete this program and do updates as necessary, and

WHEREAS, funding in the amount of $6,500 is available in the 2003 budget, account no. 4310.435.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Health Care Compliance Enterprise to complete the Comprehensive Compliance Program for the Mental Health Department, to be renewed annually if needed, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

WITHDRAWN

RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 2003 AMENDING LOCAL LAW NO. 12 OF THE YEAR 2000 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) - WITHDRAWN

WHEREAS, a proposed Local Law regarding Amending Local Law No. 12 of the Year 2000 to Revise an Empire Zone (Formerly Known as an Economic Development Zone) was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held February 10, 2003 at 7:00 p.m., and

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

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. 1 of the Year 2003, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and

BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 1/Local Law No. 1 of the Year 2003, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 2003

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

Section 1. By Local Law No. 12-2000, this Legislature authorized an application for the designation of an Empire Zone relative to certain land within Schuyler County Empire Zone.

Section 2. That the County of Schuyler has received Empire Zone approval from New York State.

Section 3. By Local Law No. 12-2000, adopted on November 15, 2000, the Empire Zone was established.

Section 4. By Local Law No. 1-2001, adopted on January 30, 2001, the Empire Zone was amended.

Section 5. It is the desire of this Legislature to authorize an application to revise the Empire Zone, to include 962.2669 acres located in Schuyler County.

Section 6. The County of Schuyler is hereby authorized to submit an application to revise the Empire Zone to include the property described in Section 7 of this Local Law.

Section 7. The boundary of the Empire Zone, as described in Local Law No. 12-2000 and Local Law No. 1-2001, shall be amended to include the properties generally described in Appendix A attached.

Section 8. The Commissioner of the New York State Department of Economic Development is hereby requested to revise the boundaries of the Empire Zone in accordance with this Local Law.

Section 9. In all other respects, Local Law No. 12-2000 and Local Law No. 1-2001, shall remain in full force and effect.

Section 10. This Local Law shall take effect immediately subject to filing in the Office of the Secretary of State.

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

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

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

VOTE: Passed 8-0.

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

RE: AMEND RESOLUTION NO. 45-03 TITLED - AUTHORIZE CONTRACT RENEWAL WITH CORNELL COOPERATIVE EXTENSION OF SCHUYLER COUNTY FOR RECYCLING AND SOLID WASTE EDUCATION AND COORDINATION FOR THE YEAR 2003

WHEREAS, Resolution No. 45-03 approved a contract with Cornell Cooperative Extension of Schuyler County for Recycling and Solid Waste Education and Coordination for a term of January 1, 2003 through December 31, 2003, and

WHEREAS, the County is providing funds in the amount of $16,150, which only covers the cost of operation for six months.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 45-03 be amended to change the term of said contract to January 1, 2003 through June 30, 2003, with the understanding that the contract may be extended for the remainder of the fiscal year pending receipt of a New York State grant/or by mutual agreement of the Legislature and Cornell Cooperative Extension.

VOTE: Passed 8-0.

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

RE: APPOINTMENT – SCHUYLER COUNTY PLANNING COMMISSION

BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Richard Owlett to replace Glenn Larison on the Schuyler County Planning Commission representing the Town of Catharine for the term January 31, 2003 through January 31, 2005.

VOTE: Passed 8-0.

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

RE: APPOINTMENT – ENVIRONMENTAL MANAGEMENT COUNCIL

BE IT RESOLVED, that the Schuyler County Legislature hereby approves the following appointments to the Schuyler County Environmental Management Council for the term January 1, 2003 through December 31, 2004:

Kate Bartholomew - Member at Large

Irene Brown – Member at Large

Richard Owlett – Town of Catharine

VOTE: Passed 8-0.

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

RE: AUTHORIZE PAYMENT TO BARRETT FUNERAL HOME/TRANSFER OF FUNDS – DISTRICT ATTORNEY

WHEREAS, Resolution No. 47-03 authorized a contract with Barrett Funeral Home for court-ordered exhumation services for the District Attorney’s Office, and

WHEREAS, the exhumation was performed, however the vault was cracked during the removal, had to be replaced, incurring an additional cost of $1,719.00, and

WHEREAS, there are no funds available in the District Attorney’s 2003 budget to pay for this unanticipated expense.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $1,719.00 from Contingency account no. 1990.500 to District Attorney account no. 1165.443-Witness Fees & Trial Expense.

VOTE: Passed 8-0.

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

RE: OPPOSE CLOSING OF THE ELMIRA PSYCHIATRIC CENTER

WHEREAS, it has been reliably reported that the Elmira Psychiatric Center is in danger of being closed, and

WHEREAS, the County of Schuyler relies on the resources of the Elmira Psychiatric Center, particularly in the treatment of hard-to-place children and youths committed to county custody by court order, and

WHEREAS, Elmira Psychiatric Center employs 25 Schuyler County residents at a total annual payroll of approximately $1,000,000, and

WHEREAS, relocation of current patients to a distant site may adversely impact their mental health, and

WHEREAS, it is clearly impossible to maintain certain individuals in the community when residential treatment is required for the safety of both the patient and the community, and

WHEREAS, the cost of equivalent placements and treatment at non-state facilities can, in some instances, approach One Thousand ($1,000.00) per day, and

WHEREAS, the cost of transporting court-ordered placements to distant state facilities also imposes a substantial burden upon local government both in time and manpower.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby opposes any plan to close or curtail services at the Elmira Psychiatric Center and urges the Governor and State Legislature to maintain this excellent local mental health resource for the benefit of all Southern Tier jurisdictions making placements therein.

VOTE: Passed 8-0.

NEW BUSINESS:

MOTION by Legislator Bleiler to move the Legislative Resolution Review Committee (LRRC) to the Wednesday preceding the Regular Meeting of the Legislature at 9:30 a.m., SECOND by Legislator Slusser. Legislator Karius asked for an explanation for the change. Legislator Bleiler explained that with this change, the resolutions will be reviewed by the County Attorney before the legislators review them. It also leaves less time between the two meetings. The first LRRC meeting will be March 5, 2003 at 9:30 a.m. Motion carried six ayes to one no. No: Larison.

UNFINISHED BUSINESS: None.

REPORT ON STANDING COMMITTEES:

Legislator Young reported on the Community Development and Natural Resources Committee. She reminded all legislators of the meeting scheduled for February 11, 2003 at 9:00 a.m. at the Montour Fire House in regards to the role of municipal governments on storm water regulations. There are new regulations that could have a huge impact on municipalities.

Legislator Bleiler reported on the Human Services Committee. He reported that the furniture has been installed in the new Children Services Unit in the lower level of the county office building. He also reported that the Families First furniture has been installed, along with the phones and computers. He believes they will be in operation sometime in March.

Legislator Larison reported on the Public Safety/Criminal Justice Committee. They are making progress in the Emergency Management Office. The Deputy Coordinator, Shirley Churches, is retiring February 27, 2003. They have hired a Typist to learn some of the job. The Committee hopes to make a decision on where to go from here at this month’s committee meeting. On a different note, the District Attorney has informed him there are more trials coming, which means more expense.

Legislator Yuhasz reported on the Health Services Committee. He said the New York State Association of Counties conference was very informative for new legislators. He learned they have to swallow State mandates and take a beating. The possible closing of the Elmira Psychiatric Center will hurt us. We need to get together and fight it. He feels a letter writing campaign to Albany would help. Legislator Young offered to make a motion to send a letter to the Governor and Senate and Assembly Chairs to support the Center being kept open. Legislator Larison said he would prefer a resolution so he can take it to Inter-County next week. Chairman Gifford said Chemung County will be there with a Resolution for Inter-County.

MOTION by Legislator Yuhasz to draft a letter in support of keeping the Elmira Psychiatric Center (EPC) open, SECOND by Legislator Young. Motion carried eight ayes to zero noes.

Attorney Coleman said he will draft a letter and have Assistant County Attorney, Dennis Morris, help identify the costs if this county could not send patients to EPC.

MOTION by Legislator Bingell to have the County Attorney draft a Resolution in support of EPC, SECOND by Legislator Larison. Motion carried eight ayes to zero noes.

Legislator Slusser reported on the Management and Finance Committee. The county has renewed its insurances for the year 2003. They went with a new company this year. They checked the ratings and the increase was 4% under what we budgeted. He also reported that there is an 11% surcharge in pension payments. The Treasurer said the State initially told them a total increase of 4.5%.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 7:35 P.M.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

SPECIAL MEETING

FEBRUARY 27, 2003

The February 27, 2003 Special Meeting of the Schuyler County Legislature was called to order at 9:30 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment of Silence. All Legislators were present except Legislator Bleiler who was excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

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

RE: RATIFICATION OF SPECIAL MEETING

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

1. Amend Management/Confidential Salary Plan Relative to Grade Level for Emergency Management Coordinator.

2. Authorize Temporary Appointment and Set Salary/ Authorize Advertisement for Vacancy – Emergency Management Coordinator.

3. Amend Management/Confidential Salary Plan Relative to Grade Level for Deputy Emergency Management Coordinator.

4. Authorize Advertisement to Fill Part-Time Deputy Emergency Management Coordinator Position.

5 Local Law Intro. No. 1/Local Law No. 1 of the Year 2003 Amending Local Law No. 12 of the Year 2000 to Revise an Empire Zone (Formerly Known as an Economic Development Zone).

6. Resolution Requesting the Commissioner of Economic Development to Approve the Schuyler County Empire Zone Boundary Revision.

7. Authorize Contract with National Medical Services – District Attorney.

VOTE: Passed 7-0.

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

RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN RELATIVE TO GRADE LEVEL FOR EMERGENCY MANAGEMENT COORDINATOR

WHEREAS, the Emergency Management Coordinator position has been revised by consultant, Richard Churches, and

WHEREAS, the Human Resources Manager has conducted a factor rating of the position, as revised, and recommends the following changes:

I Accountability 112

II Complex 90

III Independent Judgment 96

IV Impact of program 96

V Scope of contacts 80

VI Supervision 30

VII Education & Experience 70

TOTAL 574 = Grade F

NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the above change in the grade level of Emergency Management Coordinator.

VOTE: Passed 7-0.

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

RE: AUTHORIZE TEMPORARY APPOINTMENT AND SET SALARY/ AUTHORIZE ADVERTISEMENT FOR VACANCY – EMERGENCY MANAGEMENT COORDINATOR

WHEREAS, the position of Emergency Management Coordinator has been vacant since December 26, 2002, and

WHEREAS, it is the recommendation of the Public Safety & Criminal Justice Committee that a temporary appointment be made while advertisement to fill said vacancy is done.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature temporarily appoints Richard Churches as Emergency Management Coordinator effective February 28, 2003 through May 28, 2003, in Grade Level F, at a salary of $33,000, and

BE IT FURTHER RESOLVED, that this Legislature authorize advertisement for the position of Emergency Management Coordinator, Grade Level F, in the salary range of $32,263-$40,030.

VOTE: Passed 7-0.

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

RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN RELATIVE TO GRADE LEVEL FOR DEPUTY EMERGENCY MANAGEMENT COORDINATOR

WHEREAS, the Deputy Emergency Management Coordinator position has been revised by consultant, Richard Churches, and

WHEREAS, the Human Resources Manager has conducted a factor rating of the position, as revised, and recommends the following changes:

I Accountability 56

II Complex 84

III Independent Judgment 72

IV Impact of program 24

V Scope of contacts 32

VI Supervision 20

VII Education & Experience 60

TOTAL 348 = Grade C

NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the above change in the grade level of Deputy Emergency Management Coordinator.

VOTE: Passed 7-0.

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

RE: AUTHORIZE ADVERTISEMENT TO FILL PART-TIME DEPUTY EMERGENCY MANAGEMENT COORDINATOR POSITION

WHEREAS, the Deputy Emergency Management Coordinator has submitted notice of her retirement effective February 28, 2002.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize advertisement for a part-time 17 hour a week position of Deputy Emergency Management Coordinator, in Grade Level C in the Management/Confidential Salary Plan in a salary range of $12,193 (minimum) - $15,085 (mid-range), effective immediately.

VOTE: Passed 7-0.

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

RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 2003 AMENDING LOCAL LAW NO. 12 OF THE YEAR 2000 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE)