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

WHEREAS, this income is normally used by the Town of Hector for road maintenance in the Finger Lakes National Forest.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $3,236.81 to the Town of Hector for road maintenance in the Finger Lakes National Forest.

VOTE: Passed 8-0.

RESOLUTION NO. 254 Motion by Larison, Second by Bingell.

RE: SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE”

WHEREAS, a Motion for final Judgment of Foreclosure in the pending tax foreclosure proceeding has been filed by the County Attorney’s Office pursuant to Article 11 of the Real Property Tax Law, and

WHEREAS, issuance of said Judgment is expected forthwith, and

WHEREAS, it is necessary to set a tax auction sale date well in advance thereof, and

WHEREAS, the Schuyler County Treasurer is the enforcing officer responsible for carrying out a foreclosure sale.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer will set a tax auction sale date upon receipt from the County Attorney’s Office of Notice of Entry of the Judgment of Foreclosure, and

BE IT FURTHER RESOLVED, that the auction sale date shall be one month to the nearest Saturday thereafter; announcement of the exact date to be made by the Treasurer upon consultation with the auctioneer, and

BE IT FURTHER RESOLVED, that the Chairman of this Legislature or his designee be, and hereby is, authorized to sign and the Sheriff’s Department to hand deliver a Notice to Vacate to all occupants of property on which the County of Schuyler holds, or will hold, a tax deed to, and

BE IT FURTHER RESOLVED, that said a Notice of Vacate be sent by registered mail to the most recent owners of record as shown in the property description.

VOTE: Passed 8-0.

RESOLUTION NO. 255 Motion by Bingell, Second by Larison.

RE: ACCEPT PROPOSAL FOR ENGINEERING SERVICES FROM HUNT ENGINEERING FOR DESIGN OF CR-23 CULVERT - HIGHWAY

WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for design services for the replacement of a culvert on County Road 23, and

WHEREAS, Hunt Engineering has proposed engineering services for the design of the CR-23 culvert that will replace the existing culvert.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to accept the proposal from Hunt Engineers for the design of CR-23 culvert at a cost not to exceed $28,280.00, funds available in the 2003 County Road budget account no. 5020.400; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 256 Motion by Bingell, Second by Larison.

RE: AUTHORIZE ENGINEERING CONSULTANT AGREEMENT WITH HUNT ENGINEERS FOR THE DESIGN OF COUNTY ROUTE 06 BRIDGE REPLACEMENT - HIGHWAY

WHEREAS, the replacement of BIN 3332490, CR 06 over Taughannock Creek is a Federal-aid eligible project, and

WHEREAS, there is money available in the 2003 budget account no. 5020.400 for this project.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to retain Hunt Engineers for engineering services for the replacement of CR 06 Bridge over Taughannock Creek; contract subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 257 Motion by Bingell, Second by Larison.

RE: AMEND THE 2003 COUNTY ROAD AND MACHINERY FUND BUDGETS – HIGHWAY

WHEREAS, the Highway Department has received notice that CHIPS funds have been reinstated in the New York State Budget in the amount of $121,917 for Schuyler County, and

WHEREAS, the County has received a grant to apply for the reconstruction of the Burdett Bridge in the amount of $50,000, which allows appropriations in Bridges to be transferred to Permanent Improvements.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish or adjust the following accounts for the additional funding:

COUNTY ROAD

APPROPRIATIONS

AMOUNT ACCOUNT NO. DESCRIPTION

+ 19,000 D5112.569 Reconstruction CR 6

+ 3,600 D5112.570 Reconstruction CR 24

+ 33,000 D5112.595 CR 15 – Resurfacing

+ 493 D5120.306 Burdett Pedestrian Bridge

+ 56,093

REVENUES

+ 50,000 D3589 State Aid-Other Transportation

+ 6,093 D3501 Consolidated Highway Aid

+ 56,093

MACHINERY

APPROPRIATIONS

AMOUNT ACCOUNT NO. DESCRIPTION

+ 6,615 DM5130.245 Truck (Utility)

+ 109,209 DM5130.284 Dump Truck (10 Wheeler)

+ 115,824

REVENUES

+ 115,824 DM3501 Consolidated Highway Aid

VOTE: Passed 8-0.

RESOLUTION NO. 258 Motion by Bingell, Second by Larison.

RE: ACCEPT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM 7/1/03-6/30/04 – PUBLIC HEALTH

WHEREAS, Resolution No. 230-03 authorized advertising for bids for transportation of preschool children with disabilities, and

WHEREAS, bids were received and opened with the following recommendations being made.

NOW, THEREFORE, BE IT RESOLVED, that the bid from Schuyler Arc for transportation of preschool handicapped children to and from Frank Pierce Early Childhood Center, SCT BOCES Program, Horseheads and Yates Arc/Keuka Lakes Schools from July 1, 2003 to June 30, 2004 in the amount of $130 per child per day plus $8 per additional child be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for transportation of preschool handicapped children to and from Franziska Racker Centers and Chemung County UCP from July 1, 2003 to June 30, 2004 in the amount of $135 per child per day plus $8 per additional child be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that the bid from Birnie Transportation for transportation of preschool handicapped children to and from Pathways Preschool Program from July 1, 2003 to June 30, 2004 in the amount of $175 per child per day plus $17.50 per additional child be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for miscellaneous transportation of preschool handicapped children from July 1, 2003 to June 30, 2004 in the amount of $1.45 per mile be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that since certain students may be eligible for transport by a parent, school district or public transportation, this award is not an exclusive contract for services, and

BE IT FURTHER RESOLVED, that contracts necessary to carry out such transportation services are hereby authorized for signature by the Chairman of this Legislature, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 259 Motion by Bingell, Second by Larison.

RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.5370 AND ASSEMBLY BILL A.8738 AUTHORIZING AN INCREASE IN MORTGAGE TAX BY ¼% AND TO UTILIZE SAID INCREASE SPECIFICALLY TO OFFSET COMMUNITY COLLEGE EXPENSES FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW

BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature pass Senate Bill S.5370 and Assembly Bill A.8738 to adopt special legislation, an act to amend State Tax Law Section 253, in relation to the tax law on mortgage tax to be imposed in the County of Schuyler, and

BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator John R. Kuhl, Jr., New York State Assemblyman George H. Winner, Jr. and to the Majority and Minority Leaders of the New York State Assembly and Senate.

VOTE: Passed 8-0.

RESOLUTION NO. 260A Motion by Bleiler, Second by Bingell.

RE: MOTION TO AMEND RESOLUTION NO. 260

BE IT RESOLVED, that Resolution No. 260 be amended to add a second “Whereas” clause to read as follows:

“WHEREAS, funding for the position is available in the 2003 budget account no. 3689.100-3681.”

DISCUSSION: Legislator Bleiler asked that the line item be included to show from which line the salary is being paid.

VOTE: Passed 8-0.

RESOLUTION NO. 260 Motion by Bingell, Second by Larison.

RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY – DEPUTY EMERGENCY MANAGEMENT COORDINATOR – AS AMENDED

WHEREAS, Resolution No. 90-03 authorized advertisement for the vacant position of Deputy Emergency Management Coordinator.

WHEREAS, funding for this position is available in the 2003 budget account no. 3689.100-3681.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledge the appointment by William Kennedy, Emergency Management Coordinator, of Richard Churches as Deputy Emergency Management Coordinator, effective immediately at an annual salary of $12,867, part time, as needed, not to exceed 17 hours per week.

VOTE: Passed 8-0.

RESOLUTION NO. 261 Motion by Bingell, Second by Larison.

RE: AUTHORIZE CONTRACT FOR SECRETARIAL SERVICES – DISTRICT ATTORNEY (SEE RESOLUTION NO. 290)

WHEREAS, the New York State Division of Criminal Justice Services has approved a STOP Violence Against Woman Grant for Schuyler County to assist in the prosecution of domestic violence offenses, and has allocated $3,120 towards the provision of clerical services necessary to enhance the District Attorney’s ability to prosecute these offenses.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract for secretarial services to the District Attorney’s Office for the period June 1, 2003 through March 31, 2004 at a cost of $10.00 per hour for approximately 5 hours per week for a total of $3,120; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

NEW BUSINESS: None.

UNFINISHED BUSINESS: None.

REPORT ON STANDING COMMITTEES:

Legislator Bleiler reported that he is creating a standing committee to discuss the 150-year celebration of Schuyler County. His expectation is to celebrate for six months, starting in April 2004 and concluding in September with special events each of those six months. He has asked Glenda Gephart, Nancy Peters, Barbara Bell, and Bill Elkins to be a part of this committee. He feels there will be no cost to the county because the activities will generate revenue. He will assign at least six sub-committees from the steering committee.

Legislator Larison reported on the Public Safety/Criminal Justice Committee. He has made attempts to communicate with the State to get a tower placed on Sugar Hill. He feels he is getting the runaround.

Legislator Bingell reported on the Public Works Committee. The Highway Superintendent, Greg Mathews, attended the State Office of Governmental Services (OGS) purchasing forum. This was the fourth annual forum. There will be certain spending restrictions for next year. It will be beneficial to learn how the OGS contracts can help us. She reviewed some of the discussion items. She also announced that Schuyler County has been asked to host the State Troopers Training. It is a Chemung Cornell Cooperative Extension Program for truck drivers. It will be held July 28, 2003 from 1-3 p.m. at the Schuyler Highway Department.

Legislator Yuhasz reported on the Health Services Committee. He recently attended his first S²AY Network meeting. He found it very enlightening.

Legislator Slusser reported on the Management & Finance Committee. He is asking that everyone get serious about the budget. He will start discussing plans for the budget process this month at committee.

Chairman Gifford reported that he attended a disaster drill with the Emergency Management Coordinator, William Kennedy, and the Director of Community Services/Public Health, George Roets. He said it was an eye opening experience. George commented that it was challenging. They used the potential small pox terrorism as their drill. Bill said everyone learned a little bit more about each other.

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

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

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 8:05 p.m.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

PUBLIC HEARING ON AGRICULTURAL DISTRICT #1

JUNE 23, 2003

The June 23, 2003 Public Hearing on renewal of Agricultural District #1 was called to order at 6:37 p.m. by Acting Chairman Young.

Jim Osterski, spoke on behalf of the Agriculture and Farmland Protection Board (AFPB) and summarized that Board’s report regarding renewal of Agricultural District #1, which is in the Town of Hector, with a portion in Town of Montour. The District was established in 1995, and at that time there was a great deal of misunderstanding of what an agricultural district is all about. The district was, and still is, disjointed and patchy. In early 2003, the AFPB identified additional areas to be included in the district. Two information sessions were held in the Town of Hector and at both of those meetings there was a lot of interest, but little opposition. All the landowners in Agricultural District #1 and potential additional owners were informed by mail that they would be placed in the District unless they requested otherwise by mail. Approximately 20 parcels asked to be removed. In May, 2003, AFPB submitted a report to the Legislature regarding the modification. The modification would increase the size of the district by about 35,000 acres and would make the district more contiguous landmasses. The AFPB has recommended to the Legislature that the Agricultural District be renewed and modified to include the additional acreage.

Acting Chairman Young asked why the District does not extend more into the towns of Cayuta and Catharine. Ben Dickens, Chairman of the AFPB, explained that when Agricultural District #1 was formed, the motivation came from the Town of Hector and it was decided it should stay mostly in the Town of Hector. Agricultural District #3 contains the towns of Cayuta and Catharine.

The Hearing adjourned at 6:48 p.m.

Gail M. Hughey, Clerk

REGULAR MEETING

JULY 14, 2003

The July 14, 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 Larison and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz, who was excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

RESOLUTION NO. 262 Motion by Larison, Second by Bingell.

RE: APPROVE MINUTES OF THE JANUARY 6, 2003 ORGANIZATIONAL MEETING, JANUARY 13, 2003 REGULAR MEETING, FEBRUARY 3, 2003 SPECIAL MEETING, FEBRUARY 10, 2003 REGULAR MEETING, FEBRUARY 27, 2003 SPECIAL MEETING, MARCH 10, 2003 REGULAR MEETING, APRIL 14, 2003 REGULAR MEETING, MAY 2, 2003 SPECIAL MEETING AND MAY 12, 2003 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the January 6, 2003 Organizational Meeting, January 13, 2003 Regular Meeting, February 3, 2003 Special Meeting, February 10, 2003 Regular Meeting, February 27, 2003 Special Meeting, March 10, 2003 Regular Meeting, April 14, 2003 Regular Meeting, May 2, 2003 Special Meeting and May 12, 2003 Regular Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 7-0.

RESOLUTION NO. 263 Motion by Bingell, Second by Young.

RE: AUTHORIZE AMENDMENT TO THE FLACRA TANF AGREEMENT AND AMEND 2003 BUDGET – MENTAL HEALTH

WHEREAS, additional funding and an extension of the expiration date for TANF funding has been approved by New York State Office of Alcoholism and Substance Abuse Services.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the Agreement with Finger Lakes Addictions and Counseling Agency for TANF services in an additional amount of $7,182 and to extend the agreement from March 31, 2003, per Resolution 394-02, to June 30, 2003, subject to approval by the County Attorney, and

BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2003 County budget as follows:

ACCOUNT NO. DESCRIPTION AMOUNT

4322-4490 Federal Aid +$7,182

4322.336 TANF Services +$7,182

VOTE: Passed 7-0.

RESOLUTION NO. 264 Motion by Bingell, Second by Young.

RE: AUTHORIZE TRADING PARTNER AGREEMENT AND TRADING PARTNER – ELECTRONIC DATA INTERCHANGE FOR PRESCHOOL SUPPORTIVE HEALTH SERVICES PROGRAM – PUBLIC HEALTH

WHEREAS, New York State Medicaid, through it’s fiscal agent, Trading Partner, electronically exchange information and data in connection with certain healthcare transactions, and

WHEREAS, New York State Medicaid and Trading Partner want to address certain requirements that are now or will become applicable to the parties under regulations issued pursuant to the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (as the same may be amended from time to time)(HIPAA) including, without limitation, the Standards for Electronic Transactions and the Security Standards.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the Trading Partner Agreement and Trading Partner – Electronic Data Interchange for Preschool Supportive Health Services Program, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 265 Motion by Bingell, Second by Young.

RE: AUTHORIZE AGREEMENT WITH SCOTT FORBES FOR CRITICAL INCIDENT TRAINING AND AMEND 2003 BUDGET – MENTAL HEALTH

WHEREAS, the Office of Mental Health has authorized and will provide funding for critical incident training, and

WHEREAS, Scott Forbes has provided training for Mental Health personnel in the past.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Scott Forbes to provide critical incident training at the Mental Health Clinic over a two day period for a flat rate of $1,000, subject to approval by the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to amend the 2003 County budget as follows:

ACCOUNT NO. DESCRIPTION AMOUNT

4310.435 Professional Fees & Services +$1,000

4310-3490 State Aid – Mental Health +$1,000

VOTE: Passed 7-0.

RESOLUTION NO. 266 Motion by Bleiler, Second by Bingell.

RE: AUTHORIZE INCREASE IN HOURS OF YOUTH PROGRAM COORDINATOR POSITION TEMPORARILY – YOUTH BUREAU

WHEREAS, the Youth Program Coordinator in the Youth Bureau currently works 17 hours per week, and

WHEREAS, there is a tremendous need for an increase in these hours to provide supervision to the youth who are working at Watkins Glen International Raceway, and

WHEREAS, there are funds in the 2003 Youth Bureau budget to pay for this increase and the position is 100% reimbursed.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the temporary increase in hours for the Youth Program Coordinator from 17 hours a week to 35 hours a week for the period August 11, 2003 through August 24, 2003.

VOTE: Passed 7-0.

RESOLUTION NO. 267 Motion by Bleiler, Second by Bingell.

RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, ELECTING TEMPORARY EXEMPTIONS FROM SALES AND COMPENSATING USE TAXES FOR RECEIPTS FROM RETAIL SALES OF, AND CONSIDERATION GIVEN OR CONTRACTED TO BE GIVEN FOR, CERTAIN CLOTHING AND FOOTWEAR

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

SECTION 1. Section six of Resolution No. 140 of November 27, 1967, as amended, is amended by adding a new subdivision (l) to read as follows:

(l) Receipts from sales of and consideration given or contracted to be given for purchases of clothing and footwear exempt from state sales and compensating use taxes pursuant to paragraph (30) of subdivision (a) of section 1115 of the New York Tax Law during the periods commencing August 26, 2003, and ending September 1, 2003, and commencing January 26, 2004, and ending February 1, 2004, shall also be exempt during such periods from sales and compensating use taxes imposed by this resolution.

SECTION 2. This Resolution shall take effect June 1, 2003, and shall apply during the applicable exemption periods in accordance with the applicable transitional provisions of Article 29 of the New York Tax Law; provided that this resolution and subdivision (l) of section 6 of Resolution No. 140 of November 27, 1967, as added by section one of this resolution, shall expire May 31, 2004, and be deemed repealed.

VOTE: Passed 7-0.

RESOLUTION NO. 268 Motion by Bleiler, Second by Bingell.

RE: AMEND SCHUYLER COUNTY POLICIES AND PROCEDURES RELATIVE TO RETIREE HEALTH INSURANCE

WHEREAS, due to the fact that it takes approximately 90 days for retirees to receive a Medicare card, the timelines referenced in the current policy for retiree health insurance need revision.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Policies and Procedures relative to Retiree Health Insurance be amended as follows:

Employees who have retired or resigned prior to attaining the age of 65 years and are not yet eligible for Medicare benefits and then become eligible for Medicare benefits due to Disability or attaining the age of 65 years are responsible to notify the Human Resources Department that they are Medicare eligible. A copy of the Medicare card must be given to the Human Resources Department and is sent to the health insurance carrier. Upon notification, Medicare Credit (determined annually) will be granted to each eligible insured.

If the insured does not notify the Human Resources Department in a timely manner, the Medicare Credit will only be granted ~~retroactive for a maximum of three (3) months, not to exceed the actual number of months paid at the pre-Medicare rate.~~ based on the health insurance carrier’s rules for reimbursement.

~~This policy will also apply to employees who elect coverage under the COBRA Act.~~

~~Special consideration may be requested if an extenuating medical situation prevents prompt notification.~~

VOTE: Passed 7-0.

RESOLUTION NO. 269 Motion by Karius, Second by Young.

RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE EQUIPMENT – BUILDINGS AND GROUNDS

WHEREAS, Schuyler County Buildings and Grounds Department has always used contract cleaners for cleaning carpeted areas, and

WHEREAS, the Building Maintenance Supervisor has reviewed some of the newest carpet cleaning machines available today, and

WHEREAS, the Building Maintenance Supervisor has recommended the purchase of a Host dry extraction carpet cleaning system in lieu of using a contract cleaner.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the amount of $1,890.00 from account no. 1620.490-Subcontracting to account no. 1620.200-Equipment, for the purchase of one (1) Host dry extraction carpet cleaner.

VOTE: Passed 7-0.

RESOLUTION NO. 270 Motion by Karius, Second by Young.

RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE AN ORTHOPEDIC CHAIR – COUNTY ATTORNEY’S OFFICE

WHEREAS, due to an inaccuracy in the 2003 budget finalization figures, the County Attorney’s Office budget does not contain sufficient funds to purchase a needed orthopedic chair.

NOW, THEREFORE, BE IT RESOLVED, that the Treasurer be hereby authorized to transfer the sum of $200 from Contingency account no. 1990.500 to account no. 1420.200-Equipment so that the County Attorney’s Office may order the appropriate chair immediately.

VOTE: Passed 7-0.

RESOLUTION NO. 271 Motion by Karius, Second by Young.

RE: ACCEPT BID FOR THE SALE OF THE 2000 TAX MAP SET

WHEREAS, Resolution No. 221-03 declared surplus and authorized the sale of the 2000 tax map set by sealed bid, and

WHEREAS, one bid was received and opened on Thursday, June 19, 2003, and

WHEREAS, the County Real Property Tax Services Director, Thomas Bloodgood, has reviewed the bid from Dennis J. Weiland, L.S. in the amount of $305.00 and recommends accepting the same.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the bid from Mr. Weiland as set forth above.

VOTE: Passed 7-0.

RESOLUTION NO. 272 Motion by Larison, Second by Bingell.

RE: AUTHORIZE CONTRACT RENEWAL WITH SENTINEL FOR ELECTRONIC HOME MONITORING PROGRAM - PROBATION DEPARTMENT

WHEREAS, the Schuyler County Probation Department has been operating an Electronic Home Monitoring Program for a number of years under a contact with Sentinel, previously Strategic Technologies, and

WHEREAS, the previous Contract has expired and it is the desire of the Probation Department to continue the program, there being funds available in the Department budget, and

WHEREAS, this matter has been discussed with the Public Safety/Criminal Justice Committee of the Schuyler County Legislature, and their recommendation is for continuation of this program.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Sentinel for the Probation Department for Electronic Monitoring Services, for the term June 16, 2003 through June 15, 2004, in the amount of $4.00 per day, funding available in account no. 3140.382; subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 273 Motion by Larison, Second by Bingell.

RE: ANNUAL UPDATE OF THE 2004 PINS DIVERSION PLAN-PROBATION DEPARTMENT

WHEREAS, Schuyler County previously applied for and received approval for the operation of the PINS Diversion Program under the mandatory PINS Diversion Law during 1987 and updated annually since then, and

WHEREAS, this matter has been discussed by members of the Public Safety/Criminal Justice Committee of the Schuyler County Legislature and the recommendation of that Committee is that the PINS Diversion Planning Committee for the PINS Plan submit the required annual update.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign the Update of the Plan on behalf of the County of Schuyler as well as any contract or agreement made a part of the Plan, subject to approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the PINS Diversion Planning Committee be authorized to submit said Plan to the State of New York, and

BE IT FURTHER RESOLVED, that the previously appointed members of the PINS Diversion Planning and Assessment Committees continue to serve in that capacity.

DISCUSSION: Legislator Young asked that the Public Safety/Criminal Justice Committee consider whether it appropriate to place the PINS Diversion Program under the umbrella of the Families First program in the future.

VOTE: Passed 7-0.

RESOLUTION NO. 274 Motion by Larison, Second by Bingell.

RE: AUTHORIZE INCREASE IN CORONER FEE AND ADMINISTRATIVE PAYMENT TO CHIEF CORONER FOR 2004

WHEREAS, the fee for a coroner call has been $75 per call since 1975, and the administrative payment to the Chief Coroner has been $1,000 since 1987, and

WHEREAS, the demands of coroner are difficult and unpleasant and the job is a 24-hour per day/7-day per week responsibility, and

WHEREAS, it is becoming increasingly difficult to encourage physicians to run for the office of Coroner, and

WHEREAS, it is the recommendation of the Chief Coroner and the Public Safety/Criminal Justice Committee that the fees for coroner-related services be raised.

NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorize the increase of compensation to coroners from $75 to $150 per call effective January 1, 2004, and

BE IT FURTHER RESOLVED, that the administrative payment to the Chief Coroner be increased from $1,000 to $2,500 effective January 1, 2004.

VOTE: Passed 7-0.

RESOLUTION NO. 275 Motion by Bingell, Second by Young.

RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY– CORONER

WHEREAS, line items in the Coroner’s 2003 budget are over-expended as of the June billing.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $2,000 from Contingency account no. 1990.500, and place $1,800 into Coroner account no. 1185.400-Contractual Expense and $200 into Coroner account no. 1185.430-Mileage.

VOTE: Passed 7-0.

RESOLUTION NO. 276 Motion by Bingell, Second by Young.

RE: DECLARE VEHICLE SURPLUS AND TRANSFER TO THE MONTEREY FIRE DEPARTMENT– SHERIFF’S DEPARTMENT

WHEREAS, the Sheriff’s Department has an old surplus Army truck which is no longer being used, and

WHEREAS, this vehicle was obtained free of charge from the Army Surplus Program for the use by municipalities, and

WHEREAS, the Monterey Volunteer Fire Department is in need of such a vehicle for brush fires.

NOW, THEREFORE, BE IT RESOLVED, that pursuant to County Law Section 215, this Legislature hereby declares the above vehicle surplus and transfer the same to the Monterey Volunteer Fire Department.

VOTE: Passed 7-0.

RESOLUTION NO. 277 Motion by Bingell, Second by Young.

RE: AUTHORIZATION TO FILL PART-TIME DEPUTY SHERIFF POSITION – SHERIFF’S DEPARTMENT

WHEREAS, there is a vacant, part-time Deputy Sheriff position in the Sheriff’s Department, which has not been filled in 90 days thus requiring legislative approval to fill, and

WHEREAS, the filling of said position will result in reduced costs for overtime and benefits in the Sheriff’s Department budget.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill a vacant part-time Deputy Sheriff position in the Sheriff’s Department, at an hourly rate of $9.09 an hour, effective immediately.

VOTE: Passed 7-0.

RESOLUTION NO. 278 Motion by Larison, Second by Bingell.

RE: DECLARE EQUIPMENT SURPLUS – SHERIFF’S DEPARTMENT

WHEREAS, the Sheriff’s Department has about forty pieces of computer equipment that is no longer needed by the department.

NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declares the equipment surplus and directs that the list be given to the Coordinator of Information Technology Services for possible use by other departments, and

BE IT FURTHER RESOLVED, that the items not used be removed by the Building Maintenance Supervisor and placed in storage for inclusion in the annual County Auction.

VOTE: Passed 7-0.

RESOLUTION NO. 279 Motion by Larison, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS FROM SEIZED ASSETS – SHERIFF’S DEPARTMENT

WHEREAS, it is necessary for the Sheriff’s Department in their drug enforcement program to purchase drugs from individuals, and

WHEREAS, it is necessary to replenish this fund in the Sheriff’s Department, and there is money in the Sheriff’s seized assets account for this purpose.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the amount of $2,000 from Seized Asset Reserve account no. 3121 to Sheriff Seized Assets account no. 3121.275.

VOTE: Passed 7-0.

RESOLUTION NO. 280 Motion by Larison, Second by Bingell.

RE: APPOINTMENT - SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY (SCIDA)

BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of George Mahler, Jr. to SCIDA for the term July 15, 2003 through December 31, 2003.

VOTE: Passed 7-0.

RESOLUTION NO. 281 Motion by Young, Second by Bingell.

RE: AUTHORIZATION TO COMMIT NOT MORE THAN $5,000 FROM THE FISCAL YEAR 2004 BUDGET FOR THE PURPOSE OF PARTICIPATING IN THE DEVELOPMENT AND IMPLEMENTATION OF A WATKINS GLEN/MONTOUR FALLS BUSINESS DISTRICT IMPROVEMENT STRATEGY AND TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT TO ESTABLISH AN ADVISORY BOARD TO OVERSEE DEVELOPMENT AND IMPLEMENTATION OF THIS IMPROVEMENT STRATEGY

WHEREAS, the County of Schuyler is desirous of participating in development and implementation of a Business District Development Strategy for the Villages of Montour Falls and Watkins Glen, and

WHEREAS, the Appalachian Regional Commission's Area Development Program has grant funds available in 2004 to fund 50% of the cost of such work, with the balance to be paid by a local match, and

WHEREAS, Schuyler County Partnership for Economic Development (SCOPED) has submitted a pre-application to ARC requesting $35,000 for this project, and will be the lead agency with the understanding that SCOPED will provide cash up to $5,000 and non-cash services related to the grant, including certain project management services, as well as meeting and office space as needed.

NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler commits not more than $5,000 from its FY 2004 budget, account no. 6989.400-Other Economic Development, for the purpose of participating in developing and implementing this strategy, with the understanding that these funds will be spent only if the grant and project are approved by ARC. This commitment is also contingent on the committed involvement and combined cash/in-kind services match of up to $35,000, as needed, from some or all of the following: the Village of Watkins Glen, the Village of Montour Falls, Schuyler County, Schuyler County Chamber of Commerce, Schuyler County Planning and Community Development, and private business donations, and

BE IT FURTHER RESOLVED, that the County of Schuyler agrees to enter into an inter-municipal agreement with the participating municipalities for the purpose of creating an Advisory Board, which will oversee development and implementation of this business district improvement strategy; subject to the approval of the Schuyler County Attorney.

DISCUSSION: Legislator Karius said she will be voting no on this resolution due to budgetary concerns. She also noted that the municipalities have not formally committed to this yet. Chairman Gifford said this has to be done now because of the Appalachian Regional Commission (ARC) grant application review timeline. This is not a done deal. Legislator Young feels they need to do anything to improve their economic standing. If we have to back off because of budget, so be it. A resolution passed can be a resolution re-visited. Legislator Karius said she will not change her mind, she said that the taxpayers are tightening their budgets. Legislator Young said they will be tightening their budgets even more without economic development. Chairman Gifford noted that the county’s support will strengthen the grant application and these matching grant funds are very competitive.

VOTE: Passed 6-1. No: Karius.

RESOLUTION NO. 282 Motion by Young, Second by Bingell.

RE: AUTHORIZE CONTRACT WITH DELL FOR EXTENDED WARRANTY – TREASURER’S OFFICE

WHEREAS, the purchase/maintenance agreement with Dell for the Treasurer’s Office server is due to expire in October, and

WHEREAS, the server is an integral piece of equipment for the Treasurer’s Office operations, and

WHEREAS, it is the recommendation of the Treasurer and the Coordinator of Information Technology that the maintenance agreement be continued to ensure department operation and efficiency.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a maintenance agreement with Dell for the Treasurer’s Office server for a period of two year, commencing October 9, 2003 and expiring October 9, 2005 at a cost of $1,333, funding available in Treasurer account no. 1325.435; agreement subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 283 Motion by Young, Second by Bingell.

RE: AUTHORIZE CONTRACT WITH THE TOWN OF TYRONE - RECORDS MANAGEMENT

WHEREAS, the Town of Tyrone has received a Local Government Records Management Improvement Fund (LGRMIF) Grant for the year 2003-2004, and

WHEREAS, the Town wishes to contract with the County of Schuyler for Records Management Services to help organize and complete their grant project.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with the Town of Tyrone for Records Management Services in the amount of $20.00 per hour, for a total not to exceed $3,300.00, effective July 1, 2003 through June 30, 2004; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 284 Motion by Young, Second by Bingell.

RE: NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY 2003-2004

WHEREAS, the New York State Matching Grants Program is designated to encourage tourism promotion throughout the regions of New York State, and

WHEREAS, in the past, the State of New York has appropriated funds for this purpose in its Commerce Department budget, and

WHEREAS, the guidelines for this local assistance program encourages counties to appoint a Regional Tourist Promotion Agency, and

WHEREAS, the Schuyler County Chamber of Commerce has been authorized to serve as the Schuyler County tourism representative to provide specific tourism services on behalf of Schuyler County, and

WHEREAS, the Schuyler County Chamber of Commerce has served as the Schuyler County lead tourism promotion organization since its inception, and

WHEREAS, the Schuyler County Chamber of Commerce has requested to be designated as the County’s Tourism Agency for the 2003-2004 State Program Year.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Chamber of Commerce be, and hereby is, designated by the Schuyler County Legislature as its Tourist Promotion Agency for the 2003-2004 State Program year to represent the County of Schuyler under the present New York State Tourist Promotion Act for all purposes set forth in said act, and

BE IT FURTHER RESOLVED, that the Schuyler County Chamber of Commerce be, and hereby is, authorized to execute any documents under the Matching Grants Program and is authorized to make application for and receive grants on behalf of the County of Schuyler pursuant to the New York State Commerce Department budget for 2003-2004, and

BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, authorized to file a certified copy of this resolution with appropriate bodies including, but not limited to, the Schuyler County Chamber of Commerce and the Finger Lakes Association.

VOTE: Passed 7-0.

RESOLUTION NO. 285 Motion by Young, Second by Bingell.

RE: ACCEPT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED

WHEREAS, the County Treasurer took tax deeds to the following property located in Schuyler County, State of New York, and

WHEREAS, the former owner of record or the estate of the former owner of record may submit an Offer to Purchase in the full amount of taxes, penalties, interest and other County expenses involved with the property.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to accept the Offer to Purchase and execute the quitclaim deed and attending documents for the transfer of the below listed properties, and any other properties for which the County of Schuyler has taken a tax deed and listed said property in the tax sale auction, upon payment to the Schuyler County Treasurer of the full amount of the purchase offer. The full amount of the purchase offer must be made by 5:00 p.m. on July 25, 2003, which is the last regularly scheduled work day of the Schuyler County Treasurer’s Office prior to the tax sale auction, and

BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof.

TOWN TAX MAP # FORMER OWNER OF RECORD

Orange 101.-1-7.2 George J. Hakes & Diane Burlingame

Hector 15.-1-53 Michael K. Griswold

Reading 32.-1-1.1 Thelma E. Hoyt

VOTE: Passed 7-0.

RESOLUTION NO. 286 Motion by Bingell, Second by Larison.

RE: AUTHORIZATION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR

BE IT RESOLVED, that two (2) Resolutions be brought to the floor.

VOTE: Passed 7-0.

RESOLUTION NO. 287 Motion by Bingell, Second by Larison.

RE: AUTHORIZE CONTRACT FOR THE NEW YORK STATE CRIME VICTIM’S BOARD GRANT – DISTRICT ATTORNEY

WHEREAS, Resolution No. 196-03 authorized an application for the 2003-2004 Crime Victim’s Board Grant through New York State, and

WHEREAS, the District Attorney’s Office has been awarded a three-year grant in the amount of $39,000 with a 25% local match consisting of fringe benefits and in-kind services such as providing an office, furniture and equipment.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract for the 2003-2004 New York State Crime Victim’s Board Grant, in the amount of $39,000 for the term October 1, 2003 through September 30, 2006; subject to approval by the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 288 Motion by Bingell, Second by Larison.

RE: AUTHORIZE TEMPORARY APPOINTMENT – PROBATION DEPARTMENT

WHEREAS, the Account Clerk Typist in the Probation Department is on leave for an unknown length of time, and

WHEREAS, since that position is the only clerical staff position in the Department, there is a tremendous need for temporary assistance, and

WHEREAS, there is presently sufficient funding in the 2003 Probation Personal Services account to pay for temporary help (funding from contingency may be necessary if the leave is extended).

NOW, THEREFORE, BE IT RESOLVED, that the Director of Probation be hereby authorized to hire temporary help in the Probation Department effective immediately until such time as the Account Clerk Typist returns to work.

DISCUSSION: The Clerk noted that the leave of absence referenced in the resolution is unpaid, therefore the transfer from contingency will not be necessary.

VOTE: Passed 7-0.

UNFINISHED BUSINESS: None.

NEW BUSINESS: None.

REPORT ON STANDING COMMITTEES:

Legislator Young announced that the Physical Resource and Conservation Subcommittee of Southern Tier Central (STC) will hold its meeting tomorrow at Tanglewood regarding development of renewable energy in our area. The regular STC meeting will be held on Thursday. On Saturday, Barbara Seimens, a foremost national authority on voting machines, will conduct a meeting at 10:00 a.m. in the Rural Urban Center. She encouraged everyone to attend this meeting. She also announced that she went to Albany on July 8^th and testified at a Public Hearing on the new Voters Act. There are some valid concerns about this new act and the requirements of the same. Any public comment needs to go to the Elections Commissioners by July 23^rd.

Legislator Bleiler noted that the anniversary committee has met twice and is just starting to move. He encouraged anyone to join the efforts.

Legislator Larison announced that the county’s code enforcement duties will be done by the Emergency Management Coordinator at no extra cost. Training will be offered in the Fall. Yates County will assist us in the meantime and walk our Coordinator through the ropes. The committee approved this. Also, as he reported last month, DEC is looking at the possibility of the county sharing the state-owned Sugar Hill tower and will get back to us. He also announced that there was a presentation by the State Office of Technology about the statewide wireless system. It is still a long way off from being accomplished. He is still going to push getting access to Sugar Hill tower because the emergency personnel cannot wait forever.

Legislator Bingell announced certain road projects being done throughout the county and advised the public to use caution and be patient during this time.

PRESENTATION OF CERTIFICATION OF RECOGNITIONS TO EAGLE SCOUTS:

Chairman Gifford presented Cory Richards and Albert Roy, both from Odessa, with Certificates of Recognition on their achievement of Eagle Scout.

PUBLIC PARTICIPATION: None.

MOTION by Larison, SECOND by Bingell to go into Executive Session at 7:08 p.m. to discuss the work history of a particular employee. Vote passed seven ayes to zero noes.

MOTION by Larison, SECOND by Bingell to come out of Executive Session at 7:18 p.m. Vote passed seven ayes to zero noes.

The Meeting adjourned at 7:18 p.m.

Gail M. Hughey, Clerk

SPECIAL MEETING

JULY 24, 2003

The July 24, 2003 Special Meeting of the Schuyler County Legislature was called to order at 1:00 p.m. by Acting Chairman Young. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment of Silence. All Legislators were present except Legislators Gifford and Yuhasz who were excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

RESOLUTION NO. 289 Motion by Larison, Second by Bingell.

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 Acting Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business:

1. Authorize the Creation and Filling of a Clerk Position on a Part-Time Basis in the District Attorney’s Office

2. Authorize Contract with Hunt Engineers for Architectural Services for the District Attorney’s Office Space and Amend 2003 Budget - Buildings and Grounds

3. Authorize Agreement with Silverline Construction for Removal of the County Route 16 Bridge Structure and the Installation and Removal of a Temporary Detour – Highway Department

4. Authorize Agreement with Hunt Engineers for Design Work for County Route 16 Bridge Replacement – Highway Department

VOTE: Passed 6-0.

RESOLUTION NO. 290 Motion by Bingell, Second by Larison.

RE: AUTHORIZE THE CREATION AND FILLING OF A CLERK POSITION ON A PART-TIME BASIS IN THE DISTRICT ATTORNEY’S OFFICE

NOW, THEREFORE, BE IT RESOLVED, that the District Attorney be hereby authorized to create and fill a Clerk position, to work approximately five hours per week from July 28, 2003 through March 31, 2004, to be placed in Grade Level II at a salary of ($10.29/hour using 2002 contract rates), not to exceed a total cost of $3,120.

VOTE: Passed 6-0.

RESOLUTION NO. 291 Motion by Bingell, Second by Larison.

RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS FOR ARCHITECTURAL SERVICES FOR THE DISTRICT ATTORNEY’S OFFICE SPACE AND AMEND 2003 BUDGET – BUILDINGS AND GROUNDS

WHEREAS, the District Attorney’s Office has received a written commitment from Senator John R. Kuhl, Jr. of $16,000 to renovate the second floor of the District Attorney’s Office building in order to house additional staff, and

WHEREAS, the Buildings and Grounds Department has consulted with Hunt Engineers with respect to the cost of examining the existing structure to establish what will be required to meet building codes, and Hunt Engineers will prepare an exhaustive study of all requirements and what will be necessary to meet them for the sum of $1,750.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents for the above agreement not to exceed $1,750, subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2003 Buildings and Grounds budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

$+16,000 1620.435-1168 Professional Fees and Services

$+16,000 1620-3089-1168 State Aid – Other

DISCUSSION: Legislator Bleiler asked why this agreement cost so much money. David Lisk, Building Maintenance Supervisor, explained that the contract is to come up with a structural finding and recommendations to meet building codes and the American with Disabilities Act requirements. John Hayes, Assistant District Attorney, said they will continue to look for additional funding for needed work.

VOTE: Passed 6-0.

RESOLUTION NO. 292 Motion by Bingell, Second by Larison.

RE: AUTHORIZE AGREEMENT WITH SILVERLINE FOR REMOVAL OF THE COUNTY ROUTE 16 BRIDGE STRUCTURE AND THE INSTALLATION AND REMOVAL OF A TEMPORARY DETOUR – HIGHWAY DEPARTMENT

WHEREAS, County Route 16 Bridge was completely destroyed as a result of flooding on Tuesday, July 22, 2003 and needs a temporary detour installed immediately.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Silverline Construction for removal of the County Route 16 Bridge structure and installation and removal of a temporary detour, in an estimated amount not to exceed $60,000, funding to be transferred within the 2003 Highway Bridge account into account no. 5120.342 as directed by the Highway Superintendent; subject to approval of the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 293 Motion by Bingell, Second by Larison.

RE: AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR DESIGN WORK FOR COUNTY ROUTE 16 BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT

WHEREAS, County Route 16 Bridge was completely destroyed as a result of flooding on Tuesday, July 22, 2003 and needs to be replaced.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Hunt Engineers for design work to replace the County Route 16 Bridge, in an estimated amount not to exceed $30,000, effective immediately, funding available in the 2003 Highway Engineering account no. 5020.400; subject to approval of the Schuyler County Attorney.

DISCUSSION: Legislator Slusser asked if there is money in budget to cover this contract. Greg Mathews, Highway Superintendent, said yes, however it takes away from something else. Legislator Bleiler feels it should come out of the whole county budget, not just the Highway budget. Legislator Larison agrees, he should continue with any necessary road work and take from the contingency account if necessary later. Greg said while funding for these projects is coming out of funding for other planned projects, he would prefer not to act on any funding transfers until he knows how the county will make out with the Federal Emergency Management Agency (FEMA). He may have to come back to the Legislature to consider contingency at a later date. Greg said he will look into what is available in the County Road and Machinery reserve funds that could be used, but reminded the Legislature that they have used those reserve funds to balance the budget the last couple of years.

VOTE: Passed 6-0.

UNFINISHED BUSINESS: Acting Chairman Young brought up an issue from a committee meeting that needed to be addressed relative to the county tax auction. There is a parcel on the auction block that is a 150- acre woodland and one section of the land has $20-40,000 worth of timber on the parcel. The county has the option of keeping the property to harvest the timber, and then sell.

MOTION by Legislator Bingell, to pull this parcel from the tax auction, harvest the timber and investigate leasing gas rights on the property, SECOND by Legislator Bleiler. Legislator Slusser said he is not comfortable getting into this business. There is potential revenue, but also a potential liability. Legislator Bleiler feels the Legislature has the obligation to manage the county’s property. Once the county owns this property, the Legislature should do whatever is financially beneficial for the taxpayers. He would like to give this a year and see what economic benefits might be available. Vote passed 5-1. No: Slusser.

The Meeting adjourned at 1:28 p.m.

Gail M. Hughey, Clerk

SPECIAL MEETING

AUGUST 4, 2003

The August 4, 2003 Special Meeting of the Schuyler County Legislature was called to order at 1:15 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

MOTION by Legislator Bleiler to go into executive session to discuss union negotiations, SECOND by Legislator Larison. Motion carried eight ayes to zero noes.

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

RESOLUTION NO. 294 Motion by Young, Second by Bingell.

RE: RATIFICATION OF SPECIAL MEETING

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

2. Accept Tax Auction Bids

VOTE: Passed 8-0.

RESOLUTION NO. 295 Motion by Larison, Second by Bingell.

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

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

WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years 2003-2006 was reached with respect to employees in the Schuyler County Administrative Unit, and

WHEREAS, the President of the Administrative Unit CSEA has verbally confirmed on July 31, 2003 that the agreement has been duly ratified by the employees of the aforesaid bargaining unit; subject to written confirmation.

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

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

VOTE: Passed 8-0.

RESOLUTION NO. 296 Motion by Larison, Second by Bingell.

RE: ACCEPT TAX AUCTION BIDS

WHEREAS, the Schuyler County Treasurer is now holding tax deeds on certain properties which are three or more years delinquent in tax payments, and

WHEREAS, the Schuyler County Legislature had contracted for the auction sale of these properties and such sale was conducted on July 26, 2003.

NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts, the following bids to wit:

BIDDER'S NAME: T.S. Calkins & Associates, Inc.

BIDDER'S ADDRESS: 9 Forman Street

Bradford, PA 16701

AMOUNT OF BID: $16,500

FORMER OWNER: Valent Farms, Inc.

TAX MAP #: 84.-1-28.2

PARCEL ID NUMBER:

LOCATION: Town of Dix

BIDDER'S NAME: Richard Marion

BIDDER'S ADDRESS: 6315 Route 227

Trumansburg, NY 14886

AMOUNT OF BID: $2,750

FORMER OWNER: Hooey Jr. Dorman & Dukes II, Charles

TAX MAP #: 44.19-1-29

PARCEL ID NUMBER: 402-9023-00

LOCATION: Town of Hector

Village of Burdett

BIDDER'S NAME: John W. Maloney

BIDDER'S ADDRESS: 4042 Rte. 414

Burdett, NY 14818

AMOUNT OF BID: $2,050

FORMER OWNER: Hurd, Joanne

TAX MAP #: 44.-1-56

PARCEL ID NUMBER: 401-1579-00

LOCATION: Town of Hector

BIDDER'S NAME: Thomas A. Morgan

BIDDER'S ADDRESS: 2427 Route 228

Odessa, NY 14869

AMOUNT OF BID: $7,200

FORMER OWNER: Kruger, Keith & Diane

TAX MAP #: 13.-1-22.2

PARCEL ID NUMBER: 401-1614-01

LOCATION: Town of Hector

BIDDER'S NAME: James W. Mancil, Jr. & Cynthia A.

BIDDER'S ADDRESS: 1946 County Route 16, P.O. Box 532

Beaver Dams, NY 14812

AMOUNT OF BID: $4,000

FORMER OWNER: Watkins, Doris

TAX MAP #: 93.-1-5.2

PARCEL ID NUMBER:

LOCATION: Town of Orange

BIDDER'S NAME: Gregory J. Katz

BIDDER'S ADDRESS: 1238 Dreher Ave.

Stroudsburg, PA 18360

AMOUNT OF BID: $21,500

FORMER OWNER: Brame, John C. & Deborah W.

TAX MAP #: 64.-1-52

PARCEL ID NUMBER: 702-2212-00

LOCATION: Town of Reading , and

BE IT FURTHER RESOLVED, the Schuyler County Attorney is directed to prepare appropriate deeds and documents pertinent to such conveyance within thirty days of this authorization, and

BE IT FURTHER RESOLVED, the Chairman of the Schuyler County Legislature is authorized to execute such deeds and attending documents and the Schuyler County Treasurer is authorized to deliver such deeds and attending documents upon full payment of the bid purchase price balance to the County of Schuyler.

VOTE: Passed 8-0.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 1:30 p.m.

Gail M. Hughey, Clerk

REGULAR MEETING

AUGUST 11, 2003

The August 11, 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 Slusser and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

WITHDRAWN

RE: APPROVE MINUTES OF THE JUNE 9, 2003 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE - WITHDRAWN

BE IT RESOLVED, that the minutes of the June 9, 2003 Regular Meeting of the Schuyler County Legislature be approved.

RESOLUTION NO. 297 Motion by Karius, Second by Young.

RE: AUTHORIZE CONTRACT WITH SCHUYLER COUNTY PARTNERSHIP FOR ECONOMIC DEVELOPMENT (SCOPED) TO ADMINISTER THE REMAINING CANAL CORRIDOR INITIATIVE PROGRAM FUNDS

WHEREAS, Resolution No. 388 of the year 2000 authorized a contract with SCOPED to administer the remaining Canal Corridor Initiative Program funds in an amount not to exceed $13,000, and

WHEREAS, there are still some remaining funds to be administered for the Canal Corridor Initiative Grant in the amount of $6,467.09, and

WHEREAS, SCOPED has been providing administrative services and has agreed to continue to provide these services at a cost not to exceed $4,000 for the remainder of the year.

NOW, THEREFORE, BE IT RESOLVED, that Schuyler County will provide to SCOPED remaining funds earmarked or allowable for program administration in the approved HUD grant, in an amount up to $4,000, and

BE IT FURTHER RESOLVED, that the balance of the remaining administrative funds will be paid to the County for its administrative work done by the Treasurer’s Office, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with SCOPED for said administrative services through December 31, 2003; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 298 Motion by Karius, Second by Young.

RE: AGREEMENT TO BE LOCAL SPONSOR FOR SNOWMOBILE TRAILS GRANT APPLICATION FOR SNOWMOBILE CLUBS FOR 2003-2004

WHEREAS, four local Snowmobile Clubs in the county wish to use the Schuyler County Government as their authorized local sponsor for their grants, and

WHEREAS, the Planning Department would be the administrator of the grants and the County Treasurer would administer the grant funds, and

WHEREAS, the Snowmobile Clubs will carry $1,000,000 in insurance with a copy filed in the Planning Office, and

WHEREAS, the Department of Environmental Conservation (DEC) will issue the trail permits to the Snowmobile Clubs with the idea that there will be less needed grooming maintenance for the trails.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to be the authorized local sponsor for four local Snowmobile Clubs in the county in the pursuit of Snowmobile Trails Grant funds, and

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

VOTE: Passed 8-0.

RESOLUTION NO. 299 Motion by Karius, Second by Young.

RE: A RESOLUTION TO ADOPT THE REVISIONS TO AGRICULTURAL DISTRICT #1 COMPRISING CERTAIN LANDS IN THE TOWNS OF HECTOR AND MONTOUR

WHEREAS, the Schuyler County Legislature adopted Schuyler County Agricultural District #1 on May 8, 1995, comprising certain lands in the Towns of Hector and Montour, pursuant to Section 303 of Article 25AA of the Agriculture and Markets Law of New York State, and

WHEREAS, Resolution # 195 of 1995 provided for an 8-year review period of Agricultural District #1, and

WHEREAS, the initial Agricultural District #1 was reviewed, commented on, and recommended for expansion by the Schuyler County Planning Commission and the Schuyler County Agricultural and Farmland Protection Board as required, revised by the staff of Cornell Cooperative Extension as necessary, and forwarded to the Legislature for consideration of approval, and

WHEREAS, all affected landowners were notified of the proposed expansion of Agricultural District #1, and given the option of exclusion, and

WHEREAS, subsequently, the Schuyler County Legislature advertised for and conducted a public hearing regarding the proposed expanded district on June 16, 2003; and at which time positive comments were received, and

WHEREAS, the modified Agricultural District #1 proposal has been presented to the Schuyler County Legislature at this regular meeting on August 11, 2003, and

WHEREAS, The New York State Agricultural Districts Law, enacted in 1971, has been the state’s most effective tool for maintaining lands in agriculture and which recognizes that agricultural lands are an important and irreplaceable resource, that they are being lost due to development, high costs of doing business, and regulatory restraints, and that certain actions can be taken to retain lands in agriculture.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the modified Schuyler County Agricultural District #1 proposal. This plan includes 51,000 acres comprised of active farms and viable farm lands in the Towns of Hector and Montour and, to the extent feasible, excludes non-viable farmland and non-farm land, and

BE IT FURTHER RESOLVED, that the review period for Agricultural District #1 shall be eight years, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall cause this adopted plan for Agricultural District #1 to be forwarded to the New York State Commissioner of Agriculture and Markets for certification pursuant to Section 303 of Article 25AA of the Agriculture and Markets Law of New York State.

VOTE: Passed 8-0.

RESOLUTION NO. 300 Motion by Bingell, Second by Yuhasz.

RE: AMEND AGREEMENT WITH THE UNIVERSITY OF ROCHESTER FOR EQUIPMENT RENTAL OF A CENTRAL STATION - PUBLIC HEALTH

WHEREAS, the University of Rochester is providing monitors for the HomMed System to track patients vital signs in their homes, and

WHEREAS, a Central Station is required to process and record the information from patients, and

WHEREAS, the University of Rochester is subleasing the Central Station to Public Health.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to amend the agreement with the University of Rochester to include the rent of the Central Station, at a cost of $195.00 per month, in an amount not to exceed $4,680, for two years from the date of the Agreement, funding being available in account number 4010.490, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 301 Motion by Bingell, Second by Yuhasz.

RE: RECOGNIZE SEPTEMBER AS NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH - MENTAL HEALTH

WHEREAS, Recovery Month reaffirms the crucial role of substance abuse treatment in our nation to reduce illicit drug use and addition and promote recovery, and

WHEREAS, those who have overcome adversity and now serve as an inspiration to those individuals and their families who still struggle with the challenge of substance abuse, and

WHEREAS, to promote recovery the President has proposed a new three-year, $600 million initiative that puts substance abuse treatment within reach of all Americans who need it.

NOW, THEREFORE, BE IT RESOLVED, that the Legislature recognizes and deeply appreciates those who help others in need of treatment, the importance of their work and their commitment to assisting in the attainment and sustained recovery of substance abusers.

VOTE: Passed 8-0.

RESOLUTION NO. 302 Motion by Bingell, Second by Yuhasz.

RE: AUTHORIZE TRANSFER OF FUNDS FOR HEALTHY HEART WORKSITE MINI GRANT - PUBLIC HEALTH

WHEREAS, the Healthy Heart Worksite Mini Grant Budget listed $602.50 for Personal Services, and

WHEREAS, this amount needs to be adjusted to reflect the additional Personal Services time.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer $187.50 from account no. 4010.429-Supplies to 4010.100-Personal Services for the aforementioned grant.

VOTE: Passed 8-0.

RESOLUTION NO. 303 Motion by Bingell, Second by Bleiler.

RE: AMEND AGREEMENT WITH HUMAN SERVICE DEVELOPMENT FOR EMERGENCY (BIOTERRORISM) PLANNING – PUBLIC HEALTH

WHEREAS, the Public Health Department has an agreement with Human Service Development to provide emergency (bioterrorism) planning, and

WHEREAS, the work needed to provide the Public Health Department with emergency planning and preparation services has required more work than anticipated, and

WHEREAS, the agreement with Human Service Development needs to be increased by $5,000 in order to continue services provided with regard to emergency (bioterrorism) planning.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an amendment to the agreement with Human Service Development for an additional $5,000, funds being available in the 2003 Budget, account no. 4010.400-4018, subject to approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 304 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZE AGREEMENT WITH RICHARD KWITEK FOR OUTCOME EVALUATION OF HOME MONITORING SYSTEM AND AMEND BUDGET – PUBLIC HEALTH

WHEREAS, the Public Health Department has begun implementation of home telemonitoring in their home care nursing services, and

WHEREAS, part of the implementation involves planned outcome assessment by an outside party to ensure the goals and objectives of this project are monitored and reported on, and

WHEREAS, the S²AY Rural Health Network has made available a grant, in the amount of $4,280.00, to use for this purpose, for the period July 1, 2003 through December 31, 2005.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Richard Kwitek to provide outcome assessment and evaluation of the home telemonitoring system, for the period July 1, 2003 through December 31, 2005, in an amount not to exceed $4,280.00, subject to approval by the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to amend the 2003 County budget as follows:

ACCOUNT NO. AMOUNT DESCRIPTION

4010.435 +$4,280 Professional Fees & Services

4010-1689 +$4,280 Other Health Dept. Income

VOTE: Passed 8-0.

RESOLUTION NO. 305 Motion by Bingell, Second by Bleiler.

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

WHEREAS, the Management/Confidential Salary Plan states that the salary ranges may be increased each year by the rate of the Cost of Living Adjustment (COLA) from the July Bureau of Labor Statistics Data Report, Consumer Price Index, and applied using the same methodology as the Federal Government, and

WHEREAS, the COLA for the period April-May-June, 2003 was determined to be 2.8%.

NOW, THEREFORE, BE IT RESOLVED, that the Factor Rating System and Salary Ranges chart shall be amended to reflect this change as per attached chart, effective January 1, 2004.

FACTOR RATING SYSTEM

AND SALARY RANGES

POINTS GRADE MIN MID MAX______

1026 - 1100 M 63,881 72,468 81,074

951 - 1025 L 58,963 67,561 76,160

876 - 950 K 54,049 62,648 71,248

801 - 875 J 49,135 57,735 66,334

726 - 800 I 44,223 52,822 61,420

651 - 725 H 39,309 47,293 55,279

576 - 650 G 35,623 44,223 52,822

501 - 575 F 33,166 41,151 49,135

426 - 500 E 30,710 38,080 45,450

351 - 425 D 28,254 35,010 41,767

276 - 350 C 25,797 31,938 38,080

202 - 275 B 23,340 29,482 35,623

0 - 201 A 20,803 27,024 33,166

VOTE: Passed 8-0.

RESOLUTION NO. 306 Motion by Bingell, Second by Bleiler.

RE: DECLARE EQUIPMENT SURPLUS – HUMAN RESOURCES DEPARTMENT

WHEREAS, the Human Resources Department has a computer and monitor, which are no longer usable.

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

BE IT FURTHER RESOLVED, that the Coordinator of Information Technology Services remove said computer and monitor and place them in storage for inclusion in the annual County Auction.

One (1) Midwest Micro Monitor S/N 67IIC0414091

One (1) Midwest Micro Computer S/N 70064358

VOTE: Passed 8-0.

RESOLUTION NO. 307 Motion by Bingell, Second by Bleiler.

RE: RESOLUTION AUTHORIZING NON-SCHUYLER COUNTY GOVERNMENT POLITICAL SUBDIVISIONS TO PARTICIPATE IN COUNTY PURCHASE CONTRACTS

WHEREAS, Schuyler County is entitled to purchase material, equipment, or supplies from the New York State Division of Standards and Purchase or directly from the New York State Vendor, pursuant to New York General Municipal Law, Section 104, and

WHEREAS, Non-Schuyler county Political Subdivision and others authorized by state law located in whole or in part in Schuyler County are authorized to make purchases for material, equipment or supplies through Schuyler County’s Contract, subject to certain rules, pursuant to New York State General Municipal Law, Section 103 (a), and

WHEREAS, it is desired at this time to allow Non-Schuyler County Political Subdivisions and others authorized by New York State Law and located wholly or in part in Schuyler County to make purchases through Schuyler County on certain contracts, at the option of Schuyler County provided that the Non-Schuyler County Political Subdivisions comply with all promulgated rules and regulations.

NOW, THEREFORE, BE IT RESOLVED, that Non Schuyler County Political Subdivisions, and others authorized by New York State Law and located wholly or in part in Schuyler County, are authorized, at the discretion of the Schuyler County Purchasing Department, to make purchases through Schuyler County on certain contracts provided that the Non-Schuyler County Political Subdivision and others authorized by State Law complies with all rules and regulations as set forth in the attached Exhibit “A” and comply with all requirements in New York State General Municipal Law, Section 103 (3) and New York County Law, Section 408-a(2).

EXHIBIT “A”

EXTENSION OF CONTRACT TO NON-SCHUYLER COUNTY GOVERNMENT AGENCIES

It is the intent, of this invitation for bid, that Non-Schuyler County Government Political Subdivision, any Schuyler County Departments, and other authorized by law and located in the County of Schuyler, Participate in the contract at the option of the Vendor/Contractor.

The Vendor/Contractor may be given a list of know agencies wanting to participate by the Schuyler County Purchasing Department. The Vendor/Contractor is also encouraged to contact and solicit other Non-Schuyler County Government Political Subdivisions to participate in this contract. The Vendor/Contractor will provide Schuyler County Purchasing Department with correspondence naming any authorized agency wanting to participate. The Schuyler County Purchasing Department will furnish a list of all participating agencies to the local office of the New York State Comptroller.

The ordering Non-Schuyler County Government Political Subdivisions will place all orders. They shall be billed by and make payment to the Vendor/Contractor. All Non-Schuyler County Government Political Subdivisions are required to make payments directly to the Vendor/Contractor.

Upon request, Non-Schuyler County Government agencies must furnish the Vendor/Contractor with the proper tax exemption certificates or documentation of tax-exempt status. (Purchase orders should have this information and be retained for documenting the tax-exempt sale.)

All participation Non-Schuyler County Government agencies and Bidders understand, acknowledge and agree that the sole responsibility in regard to the performance of the contract, or any obligation, covenant, condition or term thereunder by either party there-to, shall be borne and is expressly assumed by the participating Non-Schuyler County Government agencies and contractors and not by Schuyler County Government. In the event of a failure or breach in performance of any such contract by a Non-Schuyler County Government agency or contractor, the Schuyler County Government specifically and expressly disclaims any and all liability for such defective performance or breach, and the eligible participation Non-Schuyler County Government agencies and contractors guarantee to save Schuyler County Government, its officers, agents and employees harmless from any liability that may be or is imposed by failure of either party to perform in accordance with its obligations, covenants, and the terms and conditions of this Schuyler County Government centralized contract.

DISCUSSION: Legislator Young asked if this Resolution excludes Cornell Cooperative Extension and the Soil and Water Conservation District. Attorney Coleman said expanding this authority beyond the current language should be done on a case-by-case basis. Legislator Larison reported that Soil and Water is already able to purchase off State contract.

VOTE: Passed 8-0.

RESOLUTION NO. 308 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZE LEASE AGREEMENT WITH FAMILIES FIRST PROGRAM- BUILDINGS AND GROUNDS

WHEREAS, the Families First program has been created and now occupies Suite 304 in the Rural Urban Center, and

WHEREAS, the annual rent will be $9.00 per square feet and will be pro rated for three quarters of the year to be paid in quarterly payments of $1,989.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with Schuyler County Families First for rental of 884 square ft. in Suite 304 of the Rural Urban Center at a cost of $9.00 per square feet annually, said lease to run from April 1, 2003 through December 31, 2003; subject to approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 309 Motion by Bingell, Second by Yuhasz.

RE: ADOPT AN AMENDED SCHUYLER COUNTY CELLULAR PHONE POLICY

WHEREAS, a Cellular Phone Policy was adopted in 1996 and has had many amendments made to it since then, and

WHEREAS, the Public Works Committee has suggested that the Building Maintenance Supervisor remove himself from the whole cellular phone procedure, and

WHEREAS, it is recommended that the jurisdictional committee of each department shall make the decision to approve cell phone purchases and the Purchasing Agent shall be in charge of ordering, billing and overall monitoring.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby adopt an amended Cellular Phone Policy as follows and that this policy supersede any and all policies relative to cellular phone use:

SCHUYLER COUNTY CELLULAR PHONE POLICY

INTRODUCTION

Schuyler County has a number of Departments that have employees who are regularly in the field and out of telephone contact. For a variety of reasons, including those of both a programmatic and safety nature, these employees should be able to be in direct contact with both their main offices and emergency personnel.

POLICY

Benefits can be gained, by the County, in both adopting and implementing a policy addressing cellular phones and their controlled and limited usage within specific Schuyler County Departments.

To implement the above mentioned policy, the Chairman recommends that the following procedures be simultaneously adopted. These procedures address a number of issues and are presented below.

SCOPE

This procedure establishes the cellular phone acquisition and usage policy for Schuyler County.

ASSESSMENT OF NEEDS

County Departments need to be approached to more accurately ascertain the usefulness and need for this technology in their operations. If the use of a cellular phone(s) appears to be warranted, the Department Head will be required to submit a written justification of need in a prescribed format. This justification will be submitted for each cellular phone requested. This written documentation will be submitted to their committee, and requires a committee motion for approval.

In making this determination of need, it is suggested that the following factors be used as measures of this need. These factors would include: frequency of travel in isolated areas of Schuyler County, nature of work performed, need to have immediate contact with a main office, safety issues, productivity issues, funding available and general usefulness to departmental operations.

Once approved by the Departments Committee a cellular telephone can be ordered as set forth below and placed into use with the department. Each time a new cellular phone is requested this process is to be followed.

SELECTION OF A VENDOR

The Purchasing Agent shall review cell phone costs and providers from time to time and make recommendations to the legislature based on best service for our area and best cost and features provided. If change is recommended by the Purchasing Agent it shall be taken to the committee for approval.

All County purchases of cellular telephones and related service and operating plans shall be made by the Purchasing Agent. Purchases will be made by the Purchasing Agent pursuant to a purchase requisition signed by the Department Head. The appropriate Committee approval shall be attached to the purchase requisition. The Purchasing Agent shall maintain necessary records showing the number and type of cellular phones purchased, to whom the phones were assigned and the unassigned phones in inventory, if any.

ASSIGNMENT OF CELLULAR PHONES

Phones are to be assigned based on their approved usage. Each phone should be assigned a separate number. When and wherever possible cellular phones within a department should be assigned to an individual. Individuals assigned phones will be required to sign a Cellular Phone Letter of Agreement. A copy of this proposed form is included as Attachment #1. The assignment of cellular phones will not be deemed a term or condition of employment.

TRAINING

Employees need to be trained in the use of cellular phones. Department Heads will have the responsibility of insuring that employees are adequately trained in the proper use of this equipment and the policies governing their use.

USE IN VEHICLE

County employees while operating a vehicle shall not use a cell phone, except those in law enforcement.

MONITORING OF PHONE USAGE

The use of County-owned cellular phones will be for official county business only and only when the use of other communications equipment, such as standard telephones, call boxes, two-way radios, etc., is not feasible in the effective execution of official county duties. Schuyler County should absorb the actual costs of cellular phone usage by approved units and employees. County issued cellular phones are not to be used for personal or any other business, unrelated to the user's official county duties.

Individuals supervising employees who are assigned cellular phones have the most knowledge of the anticipated business usage of these phones. Because of this working knowledge, the monitoring of cellular phone usage should be done at the lowest supervisory level appropriate. These supervisors should be provided monthly with a duplicate copy of the telephone bill. This bill should be shared with the actual employee using the cellular phone.

To aid in the monitoring of cellular telephone usage, each affected department will be required to establish a revenue/appropriation(s) sub-account(s) in their respective County budget(s) where all cellular telephone usage costs are to be recorded.

During the annual budget review process, the Purchasing Agent will provide the County Legislature with summary information on usage of cellular phones in the county.

CONFIDENTIALITY

Cell phones are not a secure way of communicating as there are monitoring devices on the market that can pick up their signal. Each Department shall instruct their employees as to the type of information that cannot be discussed over a cell phone.

ENFORCEMENT

If it is found that a county issued cellular phone has been used for personal or any other business, unrelated to the execution of official county duties, the said user will be subject to the following actions:

1. Directed to reimburse the county for the total cost of personal and other cellular phone use, unrelated to official county business; and

2. Subject to disciplinary action at the discretion of the Appointing Authority.

IN SUMMARY

The usage of cellular telephones by selected County Departments on a limited and controlled basis can be beneficial to county administration, employees and the general population of the county we all serve. It is felt that limited implementation of this technology can be an important and even invaluable tool that should be made available in selected instances. With adequate supervision and monitoring, it is felt that this tool can increase both employee productivity and simultaneously reduce employee safety concerns.

The following are Public Safety issues, which are to be made part of the policy:

Priority criminal investigations sometimes demand many long hours of consecutive work. There are never two cases, which are alike which can compare with regard to past use of the phones. Example - calls to home for notifications, calls to order food during stakeouts, calls regarding baby-sitter arrangements while on stakeouts are three thoughts, which come to mind. The Schuyler County Sheriff would normally not hesitate to approve the use of a phone for these types of calls for anyone working a detail.

NARCO work which the Sheriff Department gets involved with is unpredictable and takes place at very strange hours. Informants have been given our cell phone numbers in the past and in turn the department also call informants for information. The Sheriff would disapprove of governmental officials outside of the Schuyler County Sheriff Department making inquiries on phone numbers, which might jeopardize a significant case.

The phones used by CID are extremely beneficial and it sometimes is more efficient to use the phone while continuing to work a case rather than stop and search for a land based phone. In many cases CID utilizes the cell phones for what some people might feel are unnecessary calls. A basic call from a Schuyler County Sheriff Department member for the purpose of briefing someone on a search warrant, which is going down is an example. Again, not making this type of call will not stop us from performing our work but it is certainly good practice and covers our bases.

The Schuyler County Sheriff is very cost minded with regard to the use of cellular phones and our present SOP appears to be effective. He is, however, concerned that they may get restricted to the point that they spend too much time justifying their actions and not performing their duties.

In the 1970's law enforcement operated adequately without cellular telephones. In the 1990's technology, in the hands of the criminals, has advanced to the point that tools such as the cellular telephones are extremely important in our effort to keep up.

ATTACHMENT #1

LETTER OF AGREEMENT

Schuyler County is assigning you this cellular telephone for work related activity with the following understanding:

1) I will be responsible for reading the cellular phone operation manual and utilize the same in operating the cellular phone.

2) Utilization of this cellular phone will be my sole responsibility as the assigned employee of record.

3) This phone is being assigned to me for official county business only. The phone number should be discreetly shared with non-employees only as this is relevant and necessary for work.

4) Every effort will be made to limit calls to under three (3) minutes in duration.

5) I have the responsibility, on a monthly basis, to review my cellular telephone bill with my supervisor.

6) The assignment of a cellular phone will not be deemed a term or condition of employment. The assignment and withdrawal of a cellular phone is at the discretion of the Department Head.

7) I am aware that conversations are easily monitored and therefore will avoid discussions involving confidential issues in so much as the individual situations allow.

I, the undersigned, have read and understand the conditions of having a cellular telephone and agree to abide by the policy, procedures and rules established and approved for such assignment. I realize that any violation of this agreement may result in the removal of this tool and/or disciplinary action.

Employee's Name (printed):

Employee's Signature:

Cellular Phone # Assigned:

Serial # of Cellular Phone:

Date:

VOTE: Passed 8-0.

RESOLUTION NO. 310 Motion by Bingell, Second by Yuhasz.

RE: AUTHORIZE MAINTENANCE AGREEMENT WITH BOUILLE ELECTRIC, INC. – BUILDINGS AND GROUNDS

WHEREAS, Schuyler County has an uninterrupted power source (UPS), which includes generators that need to be maintained to provide 24/7 emergency communications, and

WHEREAS, funding for the maintenance of this equipment has been appropriated into the 2003 budget as follows:

ACCOUNT NO. DESCRIPTION AMOUNT

1620.400 911 Center Generator $ 436.00

5131.457 Highway Generator $ 436.00

3689.435 Terry Hill Generator $ 436.00

3689.435 911 Center UPS $1,915.00

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a maintenance agreement with Bouille Electric, Inc. to provide UPS maintenance and service for the period of September 1, 2003 to December 31, 2004 at a total cost of $3,223.00; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 311 Motion by Bingell, Second by Yuhasz.

RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE COMPUTER – HIGHWAY DEPARTMENT

WHEREAS, there is a need for a computer in the Highway Garage, and there are funds available in the 2003 Machinery Budget in account no. 5130.438-Supplies for said purchase.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $1,500.00 from account no. 5130.438-Supplies to account no. 5130.207-Computer.

VOTE: Passed 8-0.

RESOLUTION NO. 312 Motion by Karius, Second by Bingell.

RE: AUTHORIZE AGREEMENT WITH PSI, INC. FOR DRILLING SERVICES – HIGHWAY DEPARTMENT

WHEREAS, there is a need for test boring at the County Road 23 Culvert replacement site, and

WHEREAS, Hunt Engineers had requested proposals from four (4) companies, and

WHEREAS, PSI, Inc. submitted the lowest responsible quote, and it is upon the recommendation of Hunt Engineers that we accept this quote.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of Legislature be authorized to sign the acceptance proposal from Professional Service Industries, Inc., for test borings at the CR-23 culvert replacement site for a sum not to exceed $1,750, funding available in the 2003 Bridges budget, account number 5020.400; contract subject to approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 313 Motion by Karius, Second by Bingell.

RE: RESOLUTION TO APPROVE APPLICATION FOR REFUND OF TAXES – HUBBARD

WHEREAS, application for a refund of 2000, 2001, 2002, and 2003 real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL) stating that an amount of $99.22 was incorrectly placed on the 2001 County/Town tax roll, $95.94 on the 2002 tax roll, and $273.59 on the 2003 tax roll for parcel 84.-1-24 in the Town of Dix, and

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

NOW, THEREFORE, BE IT RESOLVED, that the application is hereby rejected for the 2000 tax roll, and approved for the 2001, 2002, and 2003 tax roll and that the 2001 County/Town tax roll be corrected to reflect a tax due amount of $17.72, the 2002 tax roll be corrected to reflect a tax due amount of $17.14, and the 2003 tax roll corrected to reflect a tax due amount of $35.49 for the above parcel, and that the Warrants be adjusted accordingly, and

BE IT FURTHER RESOLVED, that the County Treasurer charge the Reserve for Uncollectible Taxes for $269.89, and the Town of Dix for $128.51 for the Town tax, and

BE IT FURTHER RESOLVED, that a refund of $160.30 is due for the 2001 and 2002 taxes, leaving the 2003 tax of $35.49 plus interest and penalties due, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to the Town of Dix Tax Collector.

VOTE: Passed 8-0.

RESOLUTION NO. 314 Motion by Karius, Second by Bingell.

RE: AUTHORIZE LETTER OF INTEREST FOR PARTICIPATION IN THE STATE-WIDE WIRELESS NETWORK

WHEREAS, the New York State Office for Technology is requesting Letters of Interest from counties regarding their participation in the Statewide Wireless Network, and

WHEREAS, said Letter of Interest is not a commitment on behalf of the County, nor does it dictate at what level Schuyler County shall participate in the program.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to send a Letter of Interest to the New York State Office for Technology indicating that Schuyler County may be interested in participating in the Statewide Wireless Network, said level of participation to be determined at a later date.

VOTE: Passed 8-0.

RESOLUTION NO. 315 Motion by Bingell, Second by Yuhasz.

RE: AUTHORIZATION FOR CHAIRMAN TO SIGN COMMITMENT LETTER WITH NEW YORK STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES- PROBATION

WHEREAS, the Schuyler County Probation Department recently received a letter from the New York State Division of Probation and Correctional Alternatives concerning timely submission of monthly and quarterly reports, requiring these in order to be eligible for receipt of prompt State Aid, as well as other required documentation, and WHEREAS, the County of Schuyler has always relied on this State Aid to partially fund the Probation Department.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign said letter and have it submitted to the New York State Division of Probation and Correctional Alternatives, upon approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 316 Motion by Bingell, Second by Yuhasz.

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

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

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

BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County Sheriff be hereby authorized to accept any approved Byrne Anti-Drug funds and sign any necessary documents for said funds, estimated to be $22,500 with the 25% match money to be taken from the Sheriff’s Seized Assets Reserve Account; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 317 Motion by Bingell, Second by Yuhasz.

RE: AUTHORIZE TRANSFER OF VEHICLE FROM SHERIFF’S DEPARTMENT TO CENTRAL GARAGE FOR USE BY THE OFFICE OF EMERGENCY MANAGEMENT

WHEREAS, the Sheriff’s Department has a 1999 Ford Crown Victoria, VIN 2FAFP7W4XX194051, that is no longer of use to the department, and

WHEREAS, there is a need by the Office of Emergency Management to utilize this vehicle on a regular basis, and

WHEREAS, the Public Safety/Criminal Justice Committee supports the idea of assigning this vehicle to the Office of Emergency Management.

NOW, THEREFORE, BE IT RESOLVED, that the above, mentioned vehicle be transferred to Central Garage for use by the Office of Emergency Management.

VOTE: Passed 8-0.

RESOLUTION NO. 318 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZE STOP DWI PLAN FOR 2004 – SHERIFF’S DEPARTMENT

WHEREAS, the County of Schuyler is participating in the New York State STOP-D.W.I. Program, and

WHEREAS, participation in said program is totally reimbursed by the State of New York.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby adopts and approves the 2004 STOP-D.W.I. Program Plan, and

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

VOTE: Passed 8-0.

RESOLUTION NO. 319 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZE TEMPORARY INCREASE IN HOURS OF TYPIST/KEYBOARD SPECIALIST – EMERGENCY MANAGEMENT

WHEREAS, the Office of Emergency Management has received a Local All-Hazard Comprehensive Emergency Management Planning Grant, and

WHEREAS, the Typist/Keyboard Specialist in said department has offered to have her hours increased on a temporary, as-needed basis for a period of five months to carry the extra workload of administering the above mentioned grant, and

WHEREAS, there are funds available from the grant, in account no. 3689.100-3681, to allow for the above to occur.

NOW, THEREFORE, BE IT RESOLVED, that the hours for the Typist/Keyboard Specialist be increased from 35 to 40 hours per week on a temporary, as-needed basis for a period of five months, effective immediately, to be paid strictly from grant funds.

VOTE: Passed 8-0.

RESOLUTION NO. 320 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZE TRANSFER OF FUNDS FOR HEALTH CARE COMPLIANCE ENTERPRISE FOR HIPAA ASSESSMENT

WHEREAS, Resolution No. 228-03 authorized a contract with Health Care Compliance Enterprise, LLC for a HIPAA assessment, and

WHEREAS, said resolution stated that the Department of Social Services would pay a portion of the $10,000 contract with the remainder of the balance to be taken from Contingency at a later date once it is determined what Departments will have to comply, and

WHEREAS, the Department of Social Services has paid their share of $5,000 and it is the recommendation of the County Treasurer and County Auditor that the remaining $5,000 be transferred into one account for payment since there is no benefit, such as capturing additional state aid, by dividing up the bill among the involved departments.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer $5,000 from Contingency account no. 1990.500 to Legislative account no. 1010.435 to pay for the remainder of the above referenced contract.

VOTE: Passed 8-0.

RESOLUTION NO. 321 Motion by Bingell, Second by Slusser.

RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR

BE IT RESOLVED, that two (2) Resolutions be brought to the floor.

VOTE: Passed 8-0.

RESOLUTION NO. 322A Motion by Yuhasz, Second by Bingell.

RE: MOTION TO AMEND RESOLUTION NO. 322 - FAILED

BE IT RESOLVED, that Resolution No. 322 be amended to offer a Memorandum of Understanding to both the Schuyler County Deputy Sheriff’s Association and the CSEA, Inc. Highway Department Unit to accept or deny an increase in mileage reimbursement.

DISCUSSION: Legislator Bleiler asked why they would voluntarily increase the mileage rate during the course of the present contract with the Sheriff and Highway units. Legislator Larison said it only seems fair to him. Legislator Yuhasz said this is a negotiated item with the unions and if done, should be negotiated through a Memorandum of Understanding with each unit.

VOTE: Failed 4-4. Noes: Slusser, Karius, Bleiler, Gifford.

RESOLUTION NO. 322 Motion by Bingell, Second by Young.

RE: AUTHORIZE ALL AUTHORIZED COUNTY TRAVEL MILEAGE TO BE PAID AT THE RATE OF $.37.5 PER MILE FOR ALL COUNTY EMPLOYEES - FAILED

WHEREAS, effective August 4, 2003 all authorized county travel mileage shall be paid at the rate allowed of $.37.5 per mile for all county departments, excluding Sheriff and Highway, and

WHEREAS, this increase change was ratified with the Civil Service Employees Association, Inc. for employees in the Schuyler County Administrative Unit in their new contract for the term January 1, 2003 through December 31, 2006, and

WHEREAS, the Legislature feels that all county employees, including these in the Highway Department and the Sheriff’s Department should also be entitled to the same rate.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes that all authorized county travel mileage shall be paid at the rate allowed of $.37.5 per mile for all Schuyler County employees, effective August 4, 2003, and

BE IT FURTHER RESOLVED, that it is understood that at such time as the County expands the vehicle fleet and provides employees with access to County vehicles for work-related travel, whenever possible the employee is expected to use a fleet vehicle unless one is not available.

VOTE: Failed 2-6. Noes: Slusser, Karius, Bleiler, Bingell, Yuhasz, Gifford.

RESOLUTION NO. 323 Motion by Bingell, Second by Young.

RE: AUTHORIZE DEFENSE – COOK –VS- COUNTY OF SCHUYLER, ET AL

WHEREAS, a former employee has filed a civil rights suit against the County of Schuyler, and

WHEREAS, a former employee whose defenses may be incompatible with the county’s defenses to the lawsuit is a defendant in such suit, and

WHEREAS, Resolution No. 25 of 1991 and Section 18 of the General Municipal Law require the county to provide defense and indemnification for employees,

WHEREAS, such potential defenses would be incompatible with both the roles of the County Attorney’s Office and insurance counsel, both of whom recommend separate defense.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Attorney is hereby authorized to arrange separate defense representation, as set forth above, subject to the County Attorney negotiating a reasonable retainer agreement, and the Chairman of the Legislature signing upon the County Attorney’s recommendation and concurrence of the Schuyler County Treasurer, and

BE IT FURTHER RESOLVED, that there are funds available in the 2003 Budget account no. 1930.400-Judgement and Claims, to pay for said services.

VOTE: Passed 8-0.

NEW BUSINESS:

Chairman Gifford said he would like to discuss code enforcement relative to the inspection of properties for tax auction. He was directed to call Yates County and found out that they do not inspect their tax auction properties, they check with the Health Department and the Department of Environmental Conservation (DEC). They send someone to take a look at the property and that someone could be the Real Property Tax Agency Director. He does not feel the county needs a code enforcement officer for this purpose. He feels a call to the Health Department and to DEC would suffice. Legislator Karius asked why he did not check with Seneca County. Legislator Bleiler explained that Tom Bloodgood, Real Property Tax Director, surveyed his Association of Real Property Tax Directors and shared the results of the survey with the legislators. Chairman Gifford suggested giving the Treasurer the list of properties to give to the Public Health Department and then give it to DEC to see if there are any issues. If nothing comes up then send someone out to look at the property. Attorney Coleman said the most knowledgeable person on the ground should do the inspections. Since 1996, the former Emergency Management Coordinator was qualified to do this job and he feels he did it quite efficiently. Chairman Gifford said inspecting county buildings is another topic for a future discussion. This discussion is just relative to tax properties. He asked if anyone has any problem with what he is suggesting. The Treasurer said she has not seen the spreadsheet on what other counties do and asked if the County Attorney was comfortable with this. Attorney Coleman feels they have been very diligent on screening properties, having six departments involved. He does not feel we have any problems. If you press the issue to the corner, we do not need a qualified Code Enforcement Officer (CEO) to inspect these properties. Chairman Gifford said they need to foreclose on properties in September. Attorney Coleman asked who will look at the property if the DEC or Health Department has a problem with it? Who will fulfill the last function? Chairman Gifford said if there is a problem, the county should not take ownership. Legislator Bleiler suggested that the Chairman of the Legislature, the County Attorney, the Treasurer and the Real Property Tax Director decide what to do and make a plan. Chairman Gifford said according to the County Attorney, the Treasurer has the sole enforcement authority of the Real Property Tax law. The Treasurer said she is not comfortable with how some of the other counties handle their inspections. Chairman Gifford asked if the former Emergency Management Coordinator contacted DEC and the Health Department with issues. He does not feel the county needs a certified CEO to do this. He further asked how many properties are involved at this point. The Treasurer said about twenty-five properties. She commented that she was not aware that this was going to be discussed tonight. After further lengthy discussion, a motion was made by Legislator Bleiler to deal with this issue at the next Management and Finance Committee meeting. Motion failed for lack of a second. Chairman Gifford requested that the Treasurer come back to the Legislature with a recommendation and they will call a special meeting if necessary to take any necessary action.

UNFINISHED BUSINESS: None.

REPORT ON STANDING COMMITTEES:

Legislator Young reported on the Community Development and Natural Resources Committee. The Town of Dix Water/Sewer District is now in place.

Legislator Larison reported on the Public Safety/Criminal Justice Committee. He asked if there was any action being taken on the letter from Jim Halpin regarding the Montour Falls Moose Club. Chairman Gifford said he has talked to Mike Donnelly and George Roets. It is being discussed and the wheels are in motion. George Roets explained that a business that wants a waiver from the smoking ban can come to the Public Health department, but they make the request to the district office first. He has that information available. The State of New York is saying that they do not grant waivers and the law is unclear. There are a couple of injunctions moving through the process currently. That is all we know at this point.

Legislator Bingell reported on the Public Works Committee. She reported on the flooding a couple of weeks ago. It took out a bridge on County Route 16 and in other areas. The Highway Department is working with the Soil and Water Conservation District. The Federal Emergency Management Agency and the State Emergency Management Office were both here to look at the damage from last week. There are still some problems in the Beaver Dams area.

PUBLIC PARTICIPATION:

Ray Towner, who resides at 2130 on County Route 20 in Beaver Dams, reported that his back yard has been flooded for three weeks now since the flood. He does have permission from the railroad to dig a ditch. He has the backhoe and requested 150 ft. of pipe to put in the hole. This will help drain seven properties. He will do all the work. The railroad will take the safety lock off the drain until he is done. He went to the Town of Dix this morning and they said it is up to the County. The Watershed department was also there, but can only deal with issues relative to the septic system. Legislator Young asked where the water would be drained. Mr. Towner said it would drain to the schoolhouse creek. The Department of Environmental Conservation (DEC) has a hazardous response team there now for an oil spill. He is just asking for 150 feet of pipe from the county. Chairman Gifford explained that the county is not allowed to donate or give items to an individual for his property. Mr. Towner reiterated that doing this would benefit seven property owners. Chairman Gifford said the county can only do things on the road right-of-way and Attorney Coleman explained that it is illegal for the county to do otherwise. Legislator Bleiler asked if the railroad is responsible. It seems like the Town of Dix Health Officer should have the authority to tell the railroad to clean out their ditch. Attorney Coleman said the Department of Transportation (DOT) has jurisdiction over intrastate railroads. He suggested that someone tell DOT to act against the railroad, assuming the railroad drainage is the problem. Legislator Karius suggested dividing the cost of the pipe amongst the landowners. Legislator Bleiler also suggested that Mr. Towner ask DOT if they might be able to assist.

The Meeting adjourned at 7:48 P.M.

Stacy B. Husted, Deputy Clerk

SPECIAL MEETING

AUGUST 28, 2003

The August 28, 2003 Special Meeting of the Schuyler County Legislature was called to order at 10:30 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 Bleiler and Yuhasz who were excused. Assistant County Attorney Morris was also present.

PUBLIC PARTICIPATION: None.

MOTION by Legislator Larison to go into executive session to discuss the work history of a particular employee, SECOND by Legislator Bingell. Motion carried six ayes to zero noes.

MOTION by Legislator Bingell to come out of executive session, SECOND by Legislator Larison. Motion carried six ayes to zero noes.

RESOLUTION NO. 324 Motion by Larison, Second by Bingell.

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. Resolution Of The Legislature Of The County Of Schuyler, Increasing The Rate Of Taxes On Sales And Uses Of Tangible Personal Property And On Certain Services, And On Occupancy Of Hotel Rooms, Amusement Charges And Club Dues, Pursuant To Article 29 Of The Tax Law Of The State Of New York And Exempting Certain Residential Energy Sources And Services From Such Additional Rate Of Tax

VOTE: Passed 6-0.

RESOLUTION NO. 325 Motion by Bingell, Second by Larison.

RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, EXTENDING THE ADDITIONAL RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND ON CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS, AMUSEMENT CHARGES AND CLUB DUES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK AND EXEMPTING CERTAIN RESIDENTIAL ENERGY SOURCES AND SERVICES FROM SUCH ADDITIONAL RATE OF TAX

Be it enacted by the Legislature of the county of Schuyler, as follows:

SECTION 1. The first sentence of section two of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows:

SECTION 2. Imposition of sales tax.

On and after March 1, 1968, there is hereby imposed and there shall be paid a tax of three percent upon, and for the period commencing March 1, 2000, and ending November 30, 2005, there is hereby imposed and there shall be paid an additional tax of one percent upon:

SECTION 2. Subdivision (f) of section three of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows:

(f) With respect to the additional tax of one percent imposed for the period commencing March 1, 2000, and ending November 30, 2005, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply, except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an effective date shall be read as referring to March 1, 2000, all references in said subdivision (a) to the date four months prior to the effective date shall be read as referring to November 1, 1999, and the reference in subdivision (b) to the date immediately preceding the effective date shall be read as referring to February 29, 2000. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to March 1, 2000, any transaction which may not be subject to the additional tax imposed effective on that date.

SECTION 3. Section four of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows:

SECTION 4. Imposition of compensating use tax.

(a) Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after March 1, 2000, except as otherwise exempted under this enactment, (A) of any tangible personal property purchased at retail, (B) of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii) if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the real property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, (C) of any of the services described in paragraphs (1), (7) and (8) of subdivision (c) of section two, (D) of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs (2), (3) and (7) of subdivision (c) of section two have been performed, (E) of any telephone answering service described in subdivision (b) of section two and (F) of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of business, (G) of any prepaid telephone calling service, and (H) of any gas or electricity described in subdivision (b) of section two of this enactment.

(b) For purposes of clause (A) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale.

(c) For purposes of subclause (i) of clause (B) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him; provided, however, that if the user uses such an item itself on its own premises (not including making a gift of such tangible personal property), solely in the conduct of the user’s own business operations, and the item retains its characteristic as tangible personal property when so used, the tax shall be at the rate, and on the consideration, described in subdivision (d) of this section.

(d) For purposes of subclause (ii) of clause (B) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one.

(e) Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land.

(f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision (b) of section one.

(g) For purposes of clause (F) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause (F) by its author or other creator shall not be deemed a taxable use by such person.

(h) For purposes of clause (G) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the service and also including any charges for shipping and delivery of the property so transferred as such charges are described in paragraph three of subdivision (b) of section one; provided that, if the user offers like services for sale in the regular course of business, the tax shall be at the rate of three percent of the price at which the user offers such like services for sale.

(i) For purposes of clause (H) of subdivision (a) of this section, for the period commencing June 1, 2000, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for, or for the use of, the gas or electricity, including the consideration for any tangible personal property transferred in conjunction with the performance thereof, and including any charges described in paragraph three of subdivision (b) of section one of this enactment.

SECTION 4. Subdivision (k) of section six of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows:

(k) Exemption of certain energy sources and related services from additional one percent rate of tax. Notwithstanding any inconsistent provision of this resolution, receipts from the retail sale or use of fuel oil and coal used for residential purposes; the receipts from the retail sale or use of wood used for residential heating purposes; and the receipts from every sale, other than for resale, or use of propane (except when sold in containers of less than one hundred pounds), natural gas, electricity, steam and gas, electric and steam services used for residential purposes shall be exempt from the additional one percent rate of sales and compensating use taxes imposed by sections 2 and 4, respectively, of this resolution for the period commencing March 1, 2000, and ending November 30, 2005.

SECTION 5. Subdivision (1) of section 11 of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows:

(1)(A) In respect to the use of property used by the purchaser in this County prior to March 1, 1968.

(B) With respect to the additional tax of one percent imposed for the period beginning March 1, 2000, and ending November 30, 2005, in respect to the use of property used by the purchaser in this County prior to March 1, 2000.

SECTION 6. Subdivision (d) of section fourteen of Resolution No. 140 as enacted in November 27, 1967, as amended, is added to read as follows:

(d) Net collections attributable to the additional one percent rate of sales and compensating use taxes imposed for the period beginning March 1, 2000, and ending November 30, 2005, are set aside for County purposes and shall be available for any County purpose.

SECTION 7. This enactment shall take effect on December 1, 2003.

VOTE: Passed 6-0.

PUBLIC PARTICIPATION: None.

Shared Services Committee Discussion:

Chairman Gifford would like to create a Shared Services Committee. He prefers to not have any legislators serve on this committee, he would like to see it be a bipartisan group. He stated that this is not a legislative move to take over services. He has been talking to a number of people such as Louis Dickinson, Greg Mathews, the Town of Reading, Jim Guild and Nick Anagnost. He will attend the first meeting and then he will remove himself. Legislator Young requested that he make sure department heads are involved. She asked about the Real Property Tax Office as it relates to sharing of services. Chairman Gifford said he had a meeting Tuesday with Chemung County about sharing our Real Property Tax Director. They have a Memorandum of Agreement that will go to the County Attorney’s Office for review and then to the Legislature for consideration. He asked that the legislators not pass judgment until they see the paperwork in front of them.

The Meeting adjourned at 10:56 a.m.

Stacy B. Husted, Deputy Clerk

REGULAR MEETING

SEPTEMBER 8, 2003

The September 8, 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 Young and followed by a Moment of Silence. All Legislators were present. Assistant County Attorney Morris was also present.

PUBLIC PARTICIPATION:

Gordon Swarthout, Sr. discussed the replacement of a bridge on County Route 19. He claims the contractor put a sheet metal piling in that raised the creek bed two to three feet on his property. It looks to him like it was designed to flood his property and run the access water up the road. He currently has a man building a dike for him. He has checked with the Department of Environmental Conservation (DEC) and the Soil and Water Conservation District on what to do. He then gave some history of the Cooley Road in the Town of Dix and why they replaced the bridge. He wants the check dam pulled by the county. The Corps of Engineers said it is fine to put the dike on each side of the creek. He would like to see the check dam moved as soon as possible. Chairman Gifford said he is sure the Highway Superintendent will look into it. Mr. Swarthout said he is very unhappy with the county’s Highway Superintendent, Mr. Mathews. Mr. Mathews will not talk to him anymore. He wants something done to his satisfaction. If not, he will have his lawyer take care of it.

Daniel Cleveland said he is here to encourage every Schuyler County Legislator to vote in favor of the Apprenticeship Program Resolution on the agenda tonight. This program is as important to this community as our public schools. A vote against this is a vote against education.

Bruce Kinney, a property owner in the Town of Dix, said he is also here to talk in favor of the Apprenticeship Program proposal. He himself went through an apprenticeship program. It was very beneficial to the workforce and saves time. He feels it would be beneficial to the county and contractors to have this program in place.

Mike Donnelly said he is here to speak on behalf of the Montour Falls Moose Club. He has called the Hornell Department of Health Office in regards to the smoking ban and the Moose is going to file papers with them this week requesting a waiver. The Montour Falls Moose has a state of the art smoke handling unit that they spent well over $10,000 on. It was designed to have one-half of the establishment non-smoking including the children’s playroom. He asked the Legislature for support of their request for a waiver from the smoking ban and explained the financial hardship this is causing them including lay offs. He thanked the Legislators for their consideration and support. Legislator Larison spoke in strong support of the Moose Club noting that they just recently donated $700 to the Lion’s Club to help provide glasses for the needy and help with Camp Badger.

RESOLUTION NO. 326 Motion by Larison, Second by Bingell.

RE: APPROVE MINUTES OF THE JUNE 9, 2003 REGULAR MEETING, THE JUNE 23, 2003 PUBLIC HEARING AND THE JULY 14, 2003 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the June 9, 2003 Regular Meeting, the June 23, 2003 Public Hearing and the July 14, 2003 Regular Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 8-0.

RESOLUTION NO. 327 Motion by Larison, Second by Bingell.

RE: AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD AND THE MENTAL HEALTH SUBCOMMITTEE

BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Darlene Gridley to both the Community Services Board and the (Alcohol or MRDD) Subcommittee for the balance of a vacant term January 1, 2001 through December 31, 2004.

VOTE: Passed 8-0.

RESOLUTION NO. 328 Motion by Larison, 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 to fill the Staff Social Worker position, Grade 28, $19.30, in the Mental Health Clinic, effective immediately; funding is available in the year 2003 budget.

VOTE: Passed 8-0.

RESOLUTION NO. 329 Motion by Larison, Second by Bingell.

RE: AUTHORIZE AGREEMENT WITH DENNIS MORRIS FOR LEGAL SERVICES – OFFICE FOR THE AGING

WHEREAS, since January the Office for the Aging has been without a subcontract lawyer to provide legal services to the older population of the County and such service is required under Title III program provisions, and

WHEREAS, Dennis Morris, Esq., an experienced attorney is willing and able to render such service at the agreed upon rate of $125 per hour, and

WHEREAS, since Attorney Morris also works for the County Attorney’s Office, his jurisdictional committee, Governmental Operations, has reviewed and approves of such arrangement.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Dennis Morris to provide legal services to the Office for the Aging at the rate of $125 per hour effective immediately through December 31, 2003, to be renewed annually on a calendar year, funding available in the 2003 OFA budget account no. 6772.490; contract subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 330 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZE AGREEMENT WITH ERIE COUNTY FOR THE PURCHASE OF SOFTWARE – OFFICE FOR THE AGING

WHEREAS, the New York State Office for the Aging (NYSOFA) requires that electronic records be maintained on each client of each local Office for the Aging, and

WHEREAS, the software system used by many counties for the past several years, referred to as PDS, was given to the counties by NYSOFA and last year NYSOFA advised all OFAs that they would have to acquire new software or have to purchase their own support service since the State would no longer assist in the use of PDS, and

WHEREAS, approximately 20 county OFAs have entered into collaboration in the use of PDS with the understanding that Erie County would enter directly into contract with the PPDS software service provider to answer questions concerning the use of PDS on behalf of all the consortium members, and

WHEREAS, the cost of the Erie County contract would be shared by all consortium members, each to pay a shared based on the size of their budget, and the share for the Schuyler County OFA would be $900, and

WHEREAS, such an arrangement is likely to be continued year to year if proven successful and would be considerably less expensive than replacing PDS with new software or entering into a private contract for software service for PDS.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Erie County Office for the Aging for services to be rendered to the Schuyler County OFA in accordance with the software services referenced above, as a member of the consortium and authorize the payment of $900 for the pro rata share for the maintenance of its PDS electronic database, funding available in the 2003 OFA budget account no. 6772.278; agreement subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 331 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZE CONTRACT WITH CATHOLIC CHARITIES FOR NON-RESIDENTIAL DOMESTIC VIOLENCE SERVICES ROUND THREE AND AMEND 2003 BUDGET – SOCIAL SERVICES

WHEREAS, the State of New York has allocated an additional $25,000 for non-residential domestic violence services provided through June 30, 2004 to the Schuyler County Department of Social Services, and

WHEREAS, the Department of Social Services wishes to contract with First Step (Catholic Charities) for these services.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with First Step-Victim Services for the Department of Social Services for the term July 1, 2003 through June 30, 2004, funding available in the 2003 budget account no. 6010.370; subject to review by the County Attorney, and

BE IT FURTHER RESOLVED, that the Treasurer is authorized to amend the Department of Social Services 2003 budget as follows

+ $25,000 6010.370 Non-Residential Domestic Violence

+ $25,000 6010-4610 Federal Aid – Administration

VOTE: Passed 8-0.

RESOLUTION NO. 332 Motion by Bingell, Second by Bleiler.

RE: ACCEPT/REJECT BIDS FOR THE REPLACEMENT OF COPIERS FOR SCHUYLER COUNTY OFFICES FOR THE PERIOD 1/1/2004 – 12/31/2006

WHEREAS, the current copier contract will expire on December 31, 2003, and

WHEREAS, the Purchasing Agent advertised for bids for another three-year term, and

WHEREAS, bids were received and opened on July 25, 2003 in the Legislative Chambers, and

WHEREAS, the Purchasing Agent has reviewed the bid results and makes the following recommendation.

NOW, THEREFORE, BE IT RESOLVED, that the bid from Eastern Copy Products, Inc., for the replacement of copiers for Schuyler County offices for the period 1/1/2004 – 12/31/2006, is hereby accepted as the lowest, most responsible bid, and

BE IT FURTHER RESOLVED, that the bids from Topp, Copy Source, Usherwood, Swift Office and Xerox, are hereby rejected with a note of appreciation for their participation.

VOTE: Passed 8-0.

RESOLUTION NO. 333 Motion by Larison, Second by Bingell.

RE: DECLARE EQUIPMENT SURPLUS – HIGHWAY DEPARTMENT

WHEREAS, the Highway Department has equipment no longer needed for departmental use.

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

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

(1) 1994 Ford F150 4x4 w/plow unit S/N 1ftef14n8rla25806

(1) Water Pump S/N 4333

(1) Material Spreader

(1) 1980 Autocar for parts truck S/N q01ftgd090650

(4) Police cars/no paperwork/parts vehicles

(2) Homelite XL Chainsaw

(1) Homelite 330 Chainsaw

(1) Drill Press

VOTE: Passed 8-0.

RESOLUTION NO. 334 Motion by Larison, Second by Bingell.

RE: AUTHORIZE AMENDMENT TO THE SCHUYLER COUNTY CODE OF ETHICS

WHEREAS, Section III, paragraph E, Conflict of Interest, in the Schuyler County Code of Ethics states as follows:

“In compliance with article eighteen of the General Municipal Law, a full-time employee of the County of Schuyler may not, at the same time, accept part-time employment in another department of the County. (1961 – Opinion Attorney General – August 18)”, and

WHEREAS, the aforementioned Attorney General opinion has been completely superseded by subsequent legal developments thereby making “plural employment” the rule, and

WHEREAS, it is the recommendation of the Schuyler County Attorney that this section of our Code should be deleted.

NOW, THEREFORE, BE IT REOSLVED, effective immediately, that the Schuyler County Code of Ethics be amended by the deletion of paragraph E of Section III, Conflict of Interest, as set forth above, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall cause a copy of this amendment to be distributed to every employee of this county.

VOTE: Passed 8-0.

RESOLUTION NO. 335 Motion by Larison, Second by Bingell.

RE: AUTHORIZE CHANGE IN CIVIL SERVICE FEES

WHEREAS, current Civil Service rules requires applicants for the Account Clerk and Account Clerk Typist examinations to complete two applications and pay two application fees of $15 each, and

WHEREAS, the written portion of these examinations involves taking the same test.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves a change in policy to allow the above referenced candidates to pay one fee of $15 to take both examinations.

VOTE: Passed 8-0.

RESOLUTION NO. 336 Motion by Bingell, Second by Yuhasz.

RE: AUTHORIZE TRANSFER OF FUNDS FOR TRUCK REPAIR – WEIGHTS AND MEASURES

WHEREAS, the Weights and Measures truck is in need of some repairs, and

WHEREAS, there are insufficient funds in the Weights and Measures 2003 budget to cover said repairs.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer an amount not to exceed $150 from Contingency account no. 1990.500 to Weights and Measures account no. 6610.444-Truck Service, for said repairs.

VOTE: Passed 8-0.

RESOLUTION NO. 337 Motion by Bingell, Second by Yuhasz.

RE: AUTHORIZE CLEANING/ MAINTENANCE CONTRACT WITH SCHUYLER COUNTY COURT FACILITIES – BUILDINGS AND GROUNDS

WHEREAS, the State of New York Unified Court Systems, Office of Court Administration, has implemented Chapter 686, the Cleaning Takeover Bill, and

WHEREAS, this Bill requires Government bodies housing Court facilities to enter in a cleaning/maintenance contract for the State Fiscal Years (April 1, 2003 through March 31, 2008).

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign said contract with the State of New York Unified Court System for said term stated above; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 338 Motion by Bingell, Second by Yuhasz.

RE: ACCEPT/REJECT REQUEST FOR PROPOSALS FOR ALARM TESTING AND MAINTENANCE-BUILDING AND GROUNDS

WHEREAS, the Public Works Committee accepted Request for Proposals for fire alarm testing/maintenance for a period of three years, and

WHEREAS, said requests were received and opened August 11, 2003, with the recommendation by the Building Maintenance Supervisor to accept the lowest quote from CPE Communications in the amount of $3,930 (2004), $3,930 (2005), $3,930 (2006).

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with CPE Communications for fire alarm testing/maintenance, for the term January 1, 2004, through December 31, 2006, funding to be made available in the Buildings and Grounds budget account no. 1620.400, subject to approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the following bids be rejected with a note of appreciation for their participation:

Simplex Grinnell $4,844 (2004) $4,938 (2005) $5,034 (2006)

Davis-Ulmer Sprinkler $12,280 (2004) $13,400 (2005) $14,530 (2006)

VOTE: Passed 8-0.

RESOLUTION NO. 339 Motion by Bingell, Second by Larison.

RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECT, & SURVEYORS – BUILDINGS AND GROUNDS

WHEREAS, the Schuyler County Building Maintenance Supervisor has been working with various other County Departments and Legislators to find the best means of gaining and improving office space, and

WHEREAS, the process has evolved to the conclusion that to meet the additional space needs of the County an addition at the Rural Urban Center site would be the best location, and

WHEREAS, in order to keep moving forward with this plan there needs to be a program summary, preliminary building and site plans, and preliminary cost estimates.

NOW, THEREFORE, BE IT RESOLVED, that Hunt Engineering, Architects and Surveyors be contracted to provide the aforementioned services at a cost of $8,000 to be paid from 2003 and 2004 budgets, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign said agreement upon approval of the Schuyler County Attorney.

VOTE: Passed 7-1. No: Larison.

RESOLUTION NO. 340 Motion by Bingell, Second by Larison.

RE: AUTHORIZE AGREEMENT WITH EMPIRE STATE FOREST SERVICES – BUILDING AND GROUNDS

WHEREAS, tax map parcel #71-1-56 located on Hawley Road in the Town of Orange has marketable size timber owned by the County, and

WHEREAS, a qualified forester is needed to mark the trees and oversee the harvesting of said trees to meet the national standard of Sustainable Forest Initiative (SFI), and

WHEREAS, Dana Bately, consulting Forester d/b/a Empire State Forestry Service will provide said services for a fee of 12% of the winning bid price.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign any and all documents pertaining to hiring of the Forester with approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor, in conjunction with the Forester, be authorized to advertise and obtain bids for the marketable trees, and

BE IT FURTHER RESOLVED, that said bids will be opened at a public meeting, time to be determined at a later date.

DISCUSSION: Legislator Young said she has still not heard from Soil and Water on this issue. She attended a conference and is concerned. She will vote no on this because she is sure her mind can be changed in the future. She does not have enough information that this is the right thing to do with this land. Legislator Larison stated that the Legislature kept this land from the tax auction so they could do this. If it went to auction someone else could do worse.

VOTE: Passed 7-1. No: Young.

RESOLUTION NO. 341 Motion by Bingell, Second by Larison.

RE: ACCEPT/REJECT BIDS FOR THE CONSTRUCTION OF COUNTY ROAD 16 BRIDGE OVER TRIBUTARY TO MEADS CREEK BIN# 3332670

WHEREAS, the Highway Superintendent and Public Works Committee directed the Legislative Clerk to advertise for bids for the construction of County Road 16 Bridge over Tributary to Meads Creek, B.I.N.#3332670, and

WHEREAS, bids were opened September 8, 2003 and reviewed with the recommendation being made by Hunt Engineers to accept the low bid from Ramsey Constructors, Inc.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the low bid from Ramsey Constructors, Inc. for the construction of the County Road 16 Bridge over Tributary to Meads Creek, B.I.N. #3332670 at the low bid price of $274,253, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Ramsey Constructors, Inc.; subject to the approval of the Schuyler County Attorney, and

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

VOTE: Passed 8-0.

RESOLUTION NO. 342 Motion by Bingell, Second by Larison.

RE: AUTHORIZE AGREEMENT WITH ROY TEITSWORTH – HIGHWAY

WHEREAS, the Public Works Committee has agreed with the Highway Superintendent to take a small amount of surplus items to the Roy Teitsworth auction in Lansing.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of Legislature be authorized to sign a contract with Roy Teitsworth at a cost of 10% commission of sales for an auction scheduled for September 13, 2003; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 343 Motion by Bingell, Second by Larison.

RE: AUTHORIZE TRANSFER OF FUNDS FROM PERMANENT IMPROVEMENTS TO RECONSTRUCTION OF CR 16 BRIDGE BIN #3332670- HIGHWAY

WHEREAS, there is a need to reconstruct County Road 16 Bridge due to the July flooding, and

WHEREAS, there are no funds available for this project.

NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Treasurer be hereby authorized to transfer the amount of $137,300 from Permanent Improvements account no. 5112.569-Reconstruction County Route 6 to Bridges account no. 5120.342-Reconstruction of County Route 16 Bridge.

VOTE: Passed 8-0.

RESOLUTION NO. 344 Motion by Bingell, Second by Larison.

RE: AMEND SCHUYLER COUNTY POLICIES AND PROCEDURES RELATIVE TO USE OF PERSONAL VEHICLES

WHEREAS, Schuyler County’s policy on travel reimbursement for mileage is allowed for departmental personnel that are authorized to attend conferences and seminars, and

WHEREAS, Schuyler County now has a Central Garage Division of the Highway Department that has a vehicle for departmental personnel to use.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the amendment of the Schuyler County Policies and Procedures to read that the first option for travel reimbursement must include a request to use any available Central Garage vehicle before any personal vehicle will be eligible for reimbursement.

VOTE: Passed 8-0.

RESOLUTION NO. 345 Motion by Karius, Second by Bingell.

RE: AUTHORIZE SALE OF ABONDONED STATE HIGHWAY PROPERTY ON BUCK HILL ROAD – HIGHWAY DEPARTMENT

WHEREAS, the Highway Superintendent and the Public Works Committee have agreed to sell a section of an abandoned highway right-of-way on Buck Hill Road, and

WHEREAS, the owner of the adjoining property, Mrs. Ruth Doane, has expressed interest in purchasing this piece of land, and

WHEREAS, the land is not of great value due to its small size and is of no county use.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sell the aforementioned parcel of surplus property to Mrs. Ruth Doane for $800, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 346 Motion by Karius, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO PAY FOR SALARIES – BOARD OF ELECTIONS

WHEREAS, the Board of Election Commissioners recognize additional part-time personnel is necessary to assist in the 2003 personnel transition for the possibility of both Deputy Commissioners retiring at the end of the year, and

WHEREAS, to help with the current back-log, expected workload demands and to train staff, the Board of Election Commissioners would like to request additional funding for training in the office, and

WHEREAS, the Commissioners also anticipate mandated changes in elections procedures and programs with regard to “compliance” in the implementation of the State’s plan to satisfy the Federal and State legislative requirements of the Help America Vote Act (HAVA) to increase the volume of work required of Board of Elections personnel.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the amount of $1,760 from Contingency account no. 1990.500 to account no. 1450.100 to cover said training for a period of September 29, 2003 through December 31, 2003.

VOTE: Passed 8-0.

RESOLUTION NO. 347 Motion by Karius, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE LAPTOP COMPUTER AND PROJECTOR – EMERGENCY MANAGEMENT

WHEREAS, the Emergency Management Office recommends purchasing one laptop computer and one projector at a total cost of $4,166.00, for use in training emergency personnel, and

WHEREAS, there are funds available in the 2003 budget in the Films, Books & Subscriptions and Supplies accounts in order to make the above purchases.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the following:

AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO.

$1,000 3689.411-Films 3689-207-Computer

$1,267 3689.438-Supplies 3689.207-Computer

$1,899 3689.407-Books & Subscriptions 3689.250-Projector

VOTE: Passed 8-0.

RESOLUTION NO. 348 Motion by Larison, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE A VOICE RECORDER FOR THE 911 CENTER – EMERGENCY MANAGEMENT

WHEREAS, the current voice recorder is ten years old and is not able to be maintained due to being obsolete, and

WHEREAS, the Emergency Management Office recommends replacement of the current voice recorder with a digital recorder at a cost of $17,727.90, and

WHEREAS, there are funds available in the 2003 budget for a maintenance contract of the current recorder in the Professional Fees and Services account, and in the E-911 reserve account to transfer for this purchase.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $6,000 from account no. 3689.435-Professional Fees and Services and $11,727.90 from A883, E-911 Reserve to account no. 3689.207-Computer for the purchase of the Voice Recorder.

VOTE: Passed 8-0.

RESOLUTION NO. 349 Motion by Larison, Second by Bingell.

RE: AUTHORIZE EMERGENCY MANAGEMENT OFFICE TO PROVIDE MUTUAL AID TO OTHER COUNTIES

WHEREAS, in the event of a large-scale emergency that overwhelms a county, Schuyler County Emergency Management Office is able to provide assistance when requested.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Emergency Management Office be hereby authorized to provide mutual-aid to other counties when requested.

VOTE: Passed 8-0.

RESOLUTION NO. 350 Motion by Larison, Second by Bingell.

RE: AUTHORIZATION FOR CHAIRMAN TO SIGN USE AND DISSEMINATION AGREEMENT WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES- PROBATION

WHEREAS, the Schuyler County Probation Department recently received a letter from the New York State Division of Criminal Justice Services concerning the necessity of signing a new Use and Dissemination Agreement for the continued use of the NYSPIN equipment in said department, and

WHEREAS, this document has been discussed with the Public Safety/Criminal Justice Committee, and the recommendation of that committee is for the approval of said agreement.

NOW, THEREFORE, BE IT RESOLVED that the Chairman of this Legislature be hereby authorized to sign an agreement with the New York State Division of Criminal Justice Services for the continued use of the NYSPIN equipment in the Probation Department at no cost to the County; subject to the approval by the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 351 Motion by Young, Second by Bingell.

RE: AUTHORIZATION TO CREATE AND FILL A PROBATION OFFICER POSITION – PROBATION DEPARTMENT

WHEREAS, pursuant to State Civil Service and Division of Probation and Correctional Rules and Regulations, upon the successful completion of a Probation Officer trainee after a period of one (1) year, said employee can be promoted to the position of Probation Officer, and

WHEREAS, it is the desire of the Probation Director to promote his Probation Officer Trainee to Probation Officer, and

WHEREAS, an additional Probation Officer title needs to be created for this purpose, and

WHEREAS, it is the intention of the Probation Director to abolish the Probation Officer trainee position once the promotion has taken place.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Probation be authorized to create and fill immediately, the position of Probation Officer to be placed in Grade Level XXII at an hourly rate of $14.93, there being funds in account number 3140.100 to fund said position, and

BE IT FURTHER RESOLVED, that once the said position is filled, that the position of Probation Officer Trainee be abolished.

VOTE: Passed 8-0.

RESOLUTION NO. 352 Motion by Young, Second by Bingell.

RE: AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID-ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID EMERGENCY RELIEF PROJECT, TO FULL FUND THE LOCAL SHARE OF FEDEARL-AID ELIGIBLE AND INELIGIBLE PROJECT COSTS AND APPROPRIATING FUNDS THEREFORE – HIGHWAY

WHEREAS, a Project for the Flood Repairs on County Road 16 and BINs 3332600 and 3332670, P.I.N. 6704.67.321 (the Project) is eligible for funding under Title 23 U.S. Code, as amended, for Federal emergency relief that calls for the apportionment of the costs of such project to be borne at the ratio of 100% Federal funds and 0% non-federal funds for emergency work and at the ratio of 80% Federal funds and 20% non-federal funds for permanent work, and

WHEREAS, the County of Schuyler desires to advance the Project by making a commitment of 100% of the federal and non-federal share of the costs thereof.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the Project, and

BE IT FURTHER RESOLVED, that the County Legislature hereby authorizes the Chairperson of the Legislature to pay in the first instance 100% of the federal and non-federal share of the cost of Flood Repair work for the Project or portions thereof; and

BE IT FURTHER RESOLVED, the sum of $403,778 is hereby appropriated from account no. 5120.342 and made available to cover the cost of participation in the Project; and

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

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

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

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

VOTE: Passed 8-0.

RESOLUTION NO. 353 Motion by Young, Second by Bingell.

RE: AUTHORIZE CREATION OF SHARED SERVICES COMMITTEE

WHEREAS, the Legislative Chairman wishes to appoint members to a committee to research and make recommendation for shared services in Schuyler County, as well as sharing services with other contiguous counties for consideration by the Legislature.

NOW, THEREFORE, BE IT RESOLVED, that a Special Committee of the Legislature be created as follows:

NAME OF COMMITTEE: Shared Services Committee

PURPOSE: Serve in an advisory capacity to the Legislature in researching and presenting information for possible shared services within Schuyler County, and/or its municipalities and/or contiguous counties.

MEMBERS: Gregory Mathews Martin Roberts

Mary Ellen Correa John Merrill

Jim Guild John Van den hurk

Jeff Confer, and

BE IT FURTHER RESOLVED, that the Schuyler County Department Heads shall be given copies of this resolution and encouraged to give full cooperation to this effort.

VOTE: Passed 8-0.

RESOLUTION NO. 354 Motion by Bingell, Second by Karius.

RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH EMPLOYEES IN THE SCHUYLER COUNTY ADMINISTRATIVE UNIT

WHEREAS, the recently ratified agreement with the Civil Service Employees Association, Inc. for employees in the Schuyler County Administrative Unit, effective August 4, 2003, has adopted a new longevity program, and

WHEREAS, with said program each unit employee is eligible to receive a longevity credit for each year of service for twenty-five years and then it stops, and

WHEREAS, one unit employee would have been eligible in January 1, 2005 for the old longevity credit under the expired agreement, in the amount of $500 for thirty years of service, and

WHEREAS, that same unit employee will not be receiving any longevity credit for the term of the recently ratified agreement.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the a Memorandum of Agreement with the Civil Service Employees Association, Inc. for employees in the Schuyler County Administrative Unit, to give said employee, Jill Wicker, the $500 ($.27/hr) longevity credit effective January 1, 2005.

VOTE: Passed 8-0.

RESOLUTION NO. 355A Motion by Larison, Second by Bingell.

RE: MOTION TO TABLE RESOLUTION NO. 355 – FAILED

BE IT RESOLVED, that Resolution No. 355 be tabled for further discussion.

VOTE: Failed 4-4. Noes: Bleiler, Bingell, Young, Gifford.

RESOLUTION NO. 355 Motion by Bingell, Second by Karius.

RE: RESOLUTION SUPPORTING THE NEW YORK STATE CERTIFIED APPRENTICESHIP PROGRAM - FAILED

WHEREAS, maintaining a skilled and qualified labor force is essential to a healthy local economy, and

WHEREAS, the New York State Department of Labor’s “Certified Apprenticeship Program” offers area businesses the opportunity to participate in a labor-force training program, with an approved curriculum, monitored for quality assurances purposes by the Department of Labor, and

WHEREAS, said Certified Apprenticeship Program aids in providing local businesses with a skilled labor force, uniformly trained in their respective discipline, and

WHEREAS, said Certified Apprenticeship Program aids in providing local citizens with an opportunity to be trained in a skilled-trade, thereby increasing their individual marketability and prosperity, and

WHEREAS, absent such Certified Apprenticeship Program, a quality training program uniformly applied by area of expertise, would likely not exist.

NOW, THEREFORE, BE IT RESOLVED, that in support of such programs which aid both local businesses and local citizens to prosper in the economy, the County of Schuyler in its procuring and contracting programs, will make every good faith effort to engage businesses which are participating in one or more New York State Certified Apprenticeship Programs, and

BE IT FURTHER RESOLVED, that nothing herein shall be construed to mandate that the County of Schuyler enter into any agreements or contracts if same would be contrary to state law, including but not limited to, competitive bidding regulations.

DISCUSSION: Legislator Young explained that she has amended this resolution from its original format to remove the mandate, this is simply a suggestion to educate the workforce. Legislator Slusser asked how that would be done. Legislator Young stated that when services are contracted out, the agency bidding may ask the contractors if they have the program, but not require it. She said it is an awareness process only. Legislator Bingell said many people in this area and in other areas of New York State are not aware of this program. She feels they should encourage all employers to train their workers in all trades and use a certified program to do so. Legislator Slusser asked who would do this and how would they measure the effort? Legislator Young said she would like to see the workforce trained and educated. Legislator Bleiler said he knows there is a shortage of all crafts and that the state is failing in training. The state is getting farther away from the educational programs. He feels the unions recognize this and are successful, but they are selective in membership. He supports this Resolution, because of the benefits of both on-the-job training and academic training. Legislator Yuhasz asked why a Resolution was needed. Legislator Bleiler feels if the whole Legislature says they believe in it, it means more. Legislator Young said this is just a means of awareness. It is to get the county to be the cheering squad for the process. Legislator Larison feels it is inappropriate and would like to see it tabled. Legislator Bingell called for the question.

VOTE: Failed 4-4. Noes: Karius, Larison, Yuhasz, Slusser.

RESOLUTION NO. 356 Motion by Bingell, Second by Karius.

RE: RESOLUTION TO RECOMMEND THAT THE NEW YORK STATE REGIONAL OFFICE OF THE DEPARTMENT OF HEALTH GRANT THE MONTOUR MOOSE LODGE #426 A WAIVER FROM THE NO SMOKING BAN

WHEREAS, the Montour Falls Moose Lodge #426, Loyal Order of Moose has benefited the community of Schuyler County and nearly all of the organizations therein, and is now suffering grievous financial problems as a result of the loss of business due to the institution of the No Smoking Ordinance, and

WHEREAS, the Schuyler County Legislature requests that the Regional Office of the New York State Department of Health based in Hornell issue a temporary waiver from the application of specific provisions of the Article imposing the ban to the Montour Falls Moose Lodge #426 because compliance with a specific provision has caused undue financial hardship, and

WHEREAS, the lodge was built very recently in the year 2002, conforming to all of the rules and regulations at the time. It has a state of the art ventilation system, which virtually eliminates any interior smoke in the building. This has been confirmed by tests performed by trained TRANE Corp. employees. This ventilation system cost well over $100,000 to purchase and install and there is a big mortgage, which must be paid. Currently income does not meet expenses because the no smoking ordinance has had such a huge impact on its business clientele. The Lodge may have to close its doors soon and put ten employees out of work, and

WHEREAS, Schuyler County does not have an Enforcement Office pursuant to Section 1399-t, and

WHEREAS, this Legislature feels the Moose Lodge #426 deserves, at the very least, a fair and impartial hearing from the New York State Department of Health Regional Office at Hornell.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature strongly recommends that the New York State Regional Office of the Department of Health in Hornell grant the Montour Falls Moose Lodge #426 a fair and impartial hearing and issue a temporary waiver from the No Smoking Ban in the ventilated, virtually smoke-free rooms of the Lodge.

DISCUSSION: Legislator Bleiler said he agrees with the concept, but has a problem telling the state to review an appeal and issue a waiver. He feels the resolution tells the state that we want them to offer a hearing and also what we want the outcome of that hearing to be. Acting County Attorney Morris said the County does not know what the State’s decision process is. He feels it is more like a recommendation to another political party or an administrative body and that it is appropriate.

VOTE: Passed 8-0.

RESOLUTION NO. 357 Motion by Larison, Second by Bingell.

RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR

BE IT RESOLVED, that two (2) Resolutions be brought to the floor.

VOTE: Passed 8-0.

RESOLUTION NO. 358 Motion by Bingell, Second by Larison.

RE: AUTHORIZE APPLICATION AND CONTRACT FOR 2003/2004 NYS AID TO PROSECUTION GRANT - DISTRICT ATTORNEY

WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services for the purpose of assisting the Schuyler County District Attorney’s Office in prosecuting felony offenses.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2003/2004 NYS Aid to Prosecution Grant, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $42,500.00, for the term April 1, 2003 through March 31, 2004; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 359 Motion by Bingell, Second by Larison.

RE: AUTHORIZE CHANGE IN FUNDING METHOD FOR PAYMENTS TO COUNTY FOR LANDS IN NATIONAL FOREST SYSTEM - FINGER LAKES NATIONAL FOREST

WHEREAS, Resolution No. 286-2001 authorized the payments that the County receives from the receipts of the National Forest Service to continue under the 25% Method. It was the recommendation of the County Attorney’s Office after considerable research that we stay with this plan because of the potential for oil/gas leasing.

WHEREAS, the Treasurer contacted the Finger Lakes National Forest regarding the status of potential oil/gas leasing between now and 2006 when this program will again be reviewed by Congress to see if the Full Payment Method does stabilize the payments to counties that have federal public land within them. She was advised that they do not anticipate any action with regard to leasing in the next two years.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby opts to receive its annual payments based on the Full Payment Method, and that the Chairman be hereby authorized to sign the necessary document to effectuate the same; subject to the approval of the Schuyler County Attorney.

DISCUSSION: The Treasurer reported that the county has received approximately $3,200 each year for the last two years. If we were to choose full payment, it will be approximately $11,200 each year for revenues. Chairman Gifford has to sign this selection and it has to be faxed back by September 10, 2003. In the year 2006, this might come up for reconsideration by the State Legislature and the full payment method might be imposed on us at that time. Two years ago the Legislature discussed the possibility of oil and gas leases on State lands, however the Finger Lakes National Forest feels that in the next two years there is little possibility of that occurring so that point is mute.

VOTE: Passed 8-0.

NEW BUSINESSS:

Grade Level Appeal – Coordinator of Information Technology

MOTION by Legislator Larison to go into executive session to discuss employment history of a particular employee, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes.

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

MOTION by Legislator Bingell to table the grade level and performance appeals for the Coordinator of Information Technology position until the October 14, 2003 Regular Meeting of the Legislature, SECOND by Legislator Young. Motion carried seven ayes to one no. No: Slusser.

UNFINISHED BUSINESS: None.

REPORT ON STANDING COMMITTEES:

Legislator Larison reported on the Public Safety/Criminal Justice Committee. He received a call Friday night from the new Director at DEC, Sean Hanna. They discussed the radio tower on Sugar Hill. DEC has tested the present tower to see if it could handle more equipment. Mr. Hanna would advocate that the county build our own tower and he will help us lobby for it. Mr. Hanna is also on the Legislature in Monroe County. Legislator Larison would like to have a special committee meeting with Mr. Hanna, possibly this week sometime. He also reported that he has begun discussions with Seneca and Yates counties regarding the public defender office.

Legislator Bingell reported on the Public Works Committee. The Central Garage has their policy ready for consideration by this body. She also reported that there is good news from the Federal Emergency Management Agency on funding for flood damages.

Legislator Yuhasz reported on the Health Services Committee. He attended a S²AY meeting two weeks ago in Bath and the main focus of discussion was Medicaid.

Legislator Slusser reported on the Management and Finance Committee. The committee has received a preliminary list from each department on their 2004 budget. The Budget Officer will now be asking for official budget estimates.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 8:15 p.m.

Stacy B. Husted, Deputy Clerk

REGULAR MEETING

OCTOBER 14, 2003

The October 14, 2003 Regular Meeting of the Schuyler County Legislature was called to order at 6:31 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present except Legislator Slusser who was excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION:

Chairman Gifford advised that the local law for the room tax requires a public hearing to be held on November 10, 2003 at 7:30 p.m.

Jylle Benson Gauss from the Town of Hector presented a petition with fifty signatures supporting a Bill of Rights Defense Resolution.

Angie Franzese, Town of Dix, said she owns a business in Schuyler County along with her husband, Chris. They are in attendance to speak in opposition of raising the room tax. They understand the Medicaid issue before the Legislature, however this action would double the room tax. The tourists are thinking hard about how they spend their money. Business was down this past summer and this will not help. She feels budget problems should not be solved by raising new taxes. It is very difficult to keep small businesses in this community. She asked that the legislators show their support for their community by voting no and not taking this issue any further.

Paul Dupuy, from the Town of Hector, said he is concerned about the new voting system to voter-verifiable paper trails. He asked the legislators to support the resolution on the agenda tonight relative to this issue.

Terry Lampman, from Seneca Clipper, voiced his concern over the increase in the lodging tax. Business is substantially down from previous years and they are struggling to survive. They have been discussing this issue with their guests and they feel they will lose business because of this increase.

Gordon Swarthout said while he does not own a business, he questions where the money is going from Walmart.

Judy Lampman spoke on behalf of the Brubaker family in opposition to the proposed increase in the lodging tax.

Chris Franzese, owner of the Villager Motel, stated that he does not know of any lodging establishment in favor of this proposed increase. He feels by doing this, the Legislature is just piling on more taxes. He also noted on the agenda a resolution relative to a petition on the Business Improvement District, which is another form of a tax. On top of all these taxes, everything else goes up, i.e. utilities, making it very difficult to do business in this community. He feels if this is for the Chamber of Commerce, then the Legislature should make the cut to the Chamber. They will do what they have to and we will live through this. He asked the legislators to remember that once this is imposed, it does not go back down.

Greg Bittler, said he has talked to a few of his regular customers about the possible increase in the lodging tax. He informed them that they would end up paying 12.25% tax on top of their room rate. They are familiar with the taxes in the area. They commented that they might go to Yates County, who does not have this tax. He feels this is sending a bad signal and does not support this proposed increase.

Stewart Henry stated he has done business in Schuyler County for seven years and is in opposition to this proposed increase. He feels Schuyler County is unique in that 75% of its businesses close in the winter, where other counties stay open year round. He feels this will push the cost too high and is the wrong message to send.

Terry Remmers from the Magnolia Place, asked the legislators to keep in mind Schuyler County issues compared to surrounding counties. This increase may influence interested persons on their decision to purchase a Bed & Breakfast business.

Gordon Swarthout said he understands that there is a major hotel and restaurant that has opted to build in the new Business Park. Chairman Gifford stated that is not true, to the best of his knowledge and he is very involved with SCOPED.

WITHDRAWN

RE: APPROVE MINUTES OF THE JULY 24, 2003 SPECIAL MEETING, THE AUGUST 4, 2003 SPECIAL MEETING, THE AUGUST 11, 2003 REGULAR MEETING, THE AUGUST 28, 2003 SPECIAL MEETING AND THE SEPTEMBER 8, 2003 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE - WITHDRAWN

BE IT RESOLVED, that the minutes of the July 24, 2003 Special Meeting, the August 4, 2003 Special Meeting, the August 11, 2003 Regular Meeting, the August 28, 2003 Special Meeting and the September 8, 2003 Regular Meeting of the Schuyler County Legislature be approved.

RESOLUTION NO. 360A Motion by Young, Second by Larison.

RE: MOTION TO TABLE RESOLUTION NO. 360

BE IT RESOLVED, that Resolution No. 360 be tabled for further discussion.

DISCUSSION: Legislator Young feels issues have come forth on this that warrant further review. She would like to address concerns with the Chamber of Commerce at their Board meeting in the morning. Legislator Bleiler asked if by tabling this would they jeopardize any timetable? Chairman Gifford said he did not know. Legislator Young said she would be happy to entertain a special meeting if a time factor is involved.

VOTE: Passed 6-1. No: Gifford.

RESOLUTION NO. 360 Motion by Bingell, Second by Young.

RE: AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN PETITION TO VILLAGE OF WATKINS GLEN REQUESTING A VILLAGE RESOLUTION AUTHORIZING PREPARATION OF A DISTRICT PLAN FOR A WATKINS GLEN BUSINESS IMPROVEMENT DISTRICT - TABLED

WHEREAS, a Business Improvement District (BID) is an organization and finance mechanism authorized by the State of New York that can be used by property owners to determine the future of their retail, commercial and industrial areas, and

WHEREAS, the Village of Watkins Glen has adopted Local Law No. 4 of the year 2003 providing that the provisions of Article 19-A of the NYS General Municipal Law shall be applicable to the establishment or extension of Business Improvement Districts in the Village, and

WHEREAS, Schuyler County recognizes that the Village of Watkins Glen and property owners within the boundaries of the proposed BID would benefit from the establishment of a Business Improvement District.

NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler, owner of several properties in the Village of Watkins Glen within the boundaries of the proposed BID, hereby authorizes the Chairman of the Legislature to sign petitions, one for each parcel of County-owned land in the proposed district, to the Board of Trustees of the Village of Watkins Glen requesting adoption of a resolution authorizing the preparation of a District Plan for a Watkins Glen Business Improvement District.

RESOLUTION NO. 361 Motion by Bingell, Second by Young.

RE: AUTHORIZE 2003 - 2004 EARLY INTERVENTION/CHILD FIND/CSHCN GRANT AND ESTABLISH BUDGET – PUBLIC HEALTH

WHEREAS, the Department of Health has awarded $46,458.00 to Schuyler County Public Health for the continuation of the Early Intervention/Child Find/CSHCN grant for the period October 1, 2003 through September 30, 2004.

NOW, THEREFORE, BE IT RESOLVED, that the 2003 - 2004 budget be established as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$24,304 4010.100-4011 Personal Services

+$ 8,409 4010.489-4011 Fringe Benefits

+$ 5,000 4010.446-4011 Maintenance in Lieu of Rent

+$ 8,745 4010.400-4011 Contractual

+$46,458

+$46,458 4010-4451-4011 Revenue

VOTE: Passed 7-0.

RESOLUTION NO. 362 Motion by Bingell, Second by Young.

RE: AUTHORIZE CHARLOTTE JAYNES AS INFORMATION SECURITY OFFICER (ISO) – COMMUNITY SERVICES/PUBLIC HEALTH

WHEREAS, the NYS Department of Health strongly recommends that one person be appointed as Information Security Officer (ISO), and

WHEREAS, Charlotte Jaynes is responsible for the security of information in the Community Services and Public Health Departments, and

WHEREAS, the ISO provides central security administration for Information Technology environment and implements security policies, standards and procedures, and

WHEREAS, the ISO works with the IT department personnel on evaluating new security threats, security awareness training and education.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature hereby approves the appointment of Charlotte Jaynes as Information Security Officer for Community Services/Public Health.

VOTE: Passed 7-0.

RESOLUTION NO. 363 Motion by Larison, Second by Young.

RE: AUTHORIZE OUT OF STATE TRAVEL FOR DR. DASCALU - MENTAL HEALTH

WHEREAS, the 16^th Annual Psychiatric Congress is being held in Florida in November 2003, and

WHEREAS, the Congress provides ongoing education of value to psychiatrists, and

WHEREAS, it is desirable for the Staff Psychiatrist to attend this conference, and out of state travel requires legislative approval.

NOW, THEREFORE, BE IT RESOLVED, that Mihai Dascalu be hereby authorized to travel out of state to attend the aforementioned conference, at a cost not to exceed $600.00.

VOTE: Passed 7-0.

RESOLUTION NO. 364 Motion by Larison, Second by Young.

RE: AUTHORIZE AGREEMENT WITH HEALTH RESEARCH, INC. AND AMEND 2003 COUNTY BUDGET – PUBLIC HEALTH

WHEREAS, notification has been received from Health Research, Inc. authorizing up to $111,170, payable in installments, to support Public Health Preparedness and Response to Bioterrorism.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to amend the 2003 Public Health Department Budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

$ 6,018 4010.100-4028 Personnel

$ 2,082 4010.489-4028 Fringe Benefits

$ 50,000 4010.200-4028 Equipment

$ 53,070 4010.400-4028 Contractual

$111,170

$111,170 4010-4401-4028 Revenue, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Health Research Inc. for a $111,170 Bioterrorism grant for the term September 1, 2003 – August 31, 2004; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 365 Motion by Larison, Second by Young.

RE: AUTHORIZE MARCIA KASPRZYK AS ACTING DIRECTOR OF PATIENT SERVICES - PUBLIC HEALTH

WHEREAS, the Director of Patient Services position has been vacant since August 5, 2003, and

WHEREAS, the Director of Patient Services position is mandated by the NYS Department of Health.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services and Public Health to appoint Marcia Kasprzyk as the Acting Director of Patient Services until such time as this position is filled.

VOTE: Passed 7-0.

RESOLUTION NO. 366 Motion by Larison, Second by Yuhasz.

RE: AUTHORIZE CONTRACT WITH SCHUYLER HEAD START - MENTAL HEALTH

WHEREAS, the Schuyler Head Start program is in need of the skills of a Staff Social Worker and a Psychologist, and

WHEREAS, the Schuyler Head Start program will reimburse the Community Services Department for services provided from September 1, 2003 through June 30, 2004 in the following amounts:

$50.00 per hour for the Staff Social Worker, up to four and one-half hours per week

$65.00 per hour for the Psychologist, up to one hour per week

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Schuyler Head Start as set forth above from September 1, 2003 through June 30, 2004 to be renewed annually, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 367 Motion by Larison, Second by Young.

RE: AUTHORIZE CHANGE IN CRITERIA FOR THE PHYSICALLY HANDICAPPED CHILDREN’S PROGRAM - PUBLIC HEALTH

WHEREAS, the financial criteria for the Physically Handicapped Children’s Program has not been changed since the beginning of the program, and

WHEREAS, the County establishes its own criteria for this program, and

WHEREAS, the Child Health Plus program’s financial criteria may include a family co-payment, and

WHEREAS, the Child Health Plus criteria is kept updated by the NYS Department of Health.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the financial criteria for the Physically Handicapped Children’s Program to mirror that of the Child Health Plus program criteria, including the family co-payment, and follow any future updates established by the NYS Department of Health.

VOTE: Passed 7-0.

RESOLUTION NO. 368 Motion by Larison, Second by Yuhasz.

RE: AUTHORIZE INCREASE IN MEDICAID TRANSPORTATION REIMBURSEMENT RATE – SOCIAL SERVICES

WHEREAS, the Schuyler County Department of Social Services is required under certain circumstances to reimburse Medicaid recipients for cost of medical transportation, and

WHEREAS, the average operating costs calculated by the American Automobile Association is $0.14/mile for 2004, and

WHEREAS, the Department wishes to update its medical transportation policy.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be hereby authorized to reimburse mileage for Medicaid recipients with prior approval at a rate of $0.14/mile effective January 1, 2004, funding to be included in the Social Services 2004 budget, account no. 6010.395, and

BE IT FURTHER RESOLVED, that reimbursement be available only for medical appointments when the direct route mileage exceeds 30 miles (not to affect reimbursement for volunteer transports such as RSVP or Office for the Aging).

VOTE: Passed 7-0.

RESOLUTION NO. 369 Motion by Bingell, Second by Larison.

RE: AUTHORIZATION TO INCREASE THE HOURS OF THE PARALEGAL POSITION – SOCIAL SERVICES

WHEREAS, it is more cost effective to prevent welfare fraud by denying benefits to ineligible applicants rather than to detect fraud after-the-fact, and

WHEREAS, the Department of Social Services continues to expand its welfare fraud detection efforts, and

WHEREAS, in order to expand the efforts to include the child care subsidy program and some MEDICAID programs it is necessary to add additional hours to the Department’s Paralegal, and

WHEREAS, fraud detection procedures implemented in late 1998 have resulted in over $300,000 in savings to local taxpayers by denying welfare benefits to those applicants found not to be eligible.

NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature authorizes an increase in the weekly hours of the Paralegal position in Social Services, to be effective January 1, 2004, from 25 hours per week to 30 hours per week at an hourly rate of $18.35, funding to be included in the Department’s 2004 budget, line 6010.100.

DISCUSSION: Legislator Young asked for clarification about the position just recently authorized to help with fraud investigations. Attorney Coleman explained that there are two components to that office, one is the Paralegal and the other is the Investigator. The latter component is separate from the former.

VOTE: Passed 7-0.

RESOLUTION NO. 370 Motion by Bingell, Second by Larison.

RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN TO MODIFY PERFORMANCE APPRAISAL SALARY ADVANCEMENT FOR THE YEAR 2004

WHEREAS, the Management and Finance Committee wish to modify the performance appraisal salary advancement criteria for the year 2004.

NOW, THEREFORE, BE IT RESOLVED, that the Salary Advancement section in the Management/Confidential Salary Plan be amended to read as follows in bold:

Outstanding Rating will receive a Cost of Living Adjustment (COLA) on the actual salary plus two percent (2%) on the mid-point of the salary range.

Acceptable Rating will receive a Cost of Living Adjustment (COLA) on the actual salary, plus one percent (1%) on the mid-point of the salary range.

VOTE: Passed 6-1. No: Gifford.

RESOLUTION NO. 371 Motion Bingell, Second by Larison.

RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 2003 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2004

WHEREAS, County Law Section 201 states that any change in compensation of such officer during his/her term be made only by Local Law subject to the provisions of Section 24 of the Municipal Home Rule Law.

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4 of the year 2003 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and

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

LOCAL LAW INTRO. NO. 4 OF THE YEAR 2003

A Local Law Setting Salaries for Certain Public Officers for the Year 2004.

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, 2004.

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

Personnel Officer $36,066

Deputy County Clerk $29,828

Assistant District Attorney $58,531

Assistant District Attorney $20,560

Conf. Sec’y. to District Attorney $30,813

Commissioner of Social Services $55,698

County Highway Superintendent $49,757

Deputy County Highway Supt. $44,187

Undersheriff $45,004

Deputy Comm. Of Board of Elections $21,966

Board of Election Commissioner $2,124

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

VOTE: Passed 7-0.

RESOLUTION NO. 372 Motion by Bingell, Second by Larison.

RE: AUTHORIZE TRANSFER OF FUNDS/AUTHORIZE CONTRACT ADDENDUM WITH HEALTH CARE COMPLIANCE ENTERPRISE FOR HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT (HIPAA) COMPLIANCE

WHEREAS, Resolution No. 228-03 authorized a contract with Health Care Compliance Enterprise, LLC for a HIPAA assessment, and

WHEREAS, there is still about $3,000 worth of work to be done before completion.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an addendum to the agreement with Health Care Compliance Enterprise for HIPAA compliance at a cost not to exceed $3,000; subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to transfer $3,000 from Contingency account no. 1990.500 to Legislative account no. 1010.435 to pay for the remainder of the above referenced amended contract.

VOTE: Passed 7-0.

RESOLUTION NO. 373 Motion by Bingell, Second by Larison.

RE: RESOLUTION TO RE-ESTABLISH THE HEALTH INSURANCE REVIEW COMMITTEE

WHEREAS, the Health Insurance Review Committee was originally created by Resolution No. 448–99 in order to review health insurance options for the future in an effort to provide adequate health insurance coverage to the employees that is affordable to the County, and

WHEREAS, the committee has been inactive for a number of years, however there is still a need for review of the County’s health insurance program especially due to the escalating cost of health insurance.

NOW, THEREFORE, BE IT RESOLVED, that the Health Insurance Review Committee is hereby re-established and charged to review and make recommendations for revisions to the County’s health insurance program, and

BE IT FURTHER RESOLVED, that the committee will consist of the following representatives/alternates:

(2) Representatives/Alternates from the Administrative Unit CSEA

(1) Representative/Alternate from the Highway Unit CSEA

(1) Representative/Alternate from the Deputy Sheriff’s Association

(1) Representative/Alternate for the Towns

(1) Representative/Alternate for the Villages

(1) Management Level Representative/Alternate

(1) Legislator

Clerk to the Legislature (Human Resources Manager)

VOTE: Passed 7-0.

RESOLUTION NO. 374 Motion by Bingell, Second by Larison.

RE: AUTHORIZE TRANSFER OF FUNDS TO COVER RETROACTIVE UNION SALARIES AND COST OF LIVING ADJUSTMENTS – TREASURER

BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer funds appropriated in the 2003 Budget for salary increases into the following accounts in order to cover the Administrative Unit contract agreement for retroactive pay and other cost of living adjustments that need addressing:

ACCOUNT NO. AMOUNT

General Fund

1010.100 $ 1,170.00

1325.100 $ 2,140.00

1355.100 $ 1,279.00

1410.100 $ 4,914.00

1431.100 $ 1,487.00

1460.100 $ 750.00

1620.100 $ 3,731.00

3140.100 $ 4,534.00

4010.100 $ 6,199.00

6010.100 $24,499.00

6772.100 $ 7,989.00

7310.100 $ 803.00

9522.900 $ 764.00

9524.900 $ 29.00

9010.801 $ 3,000.00

9030.802 $ 4.551.00

Total $67,839.00

County Road Fund

5010.100 $ 764.00

D 5031 $ 764.00

Machinery Fund

5131.100 $ 29.00

DM 5031 $ 29.00

VOTE: Passed 7-0.

RESOLUTION NO. 375 Motion by Bingell, Second by Larison.

RE: AUTHORIZE LEASE RENEWAL WITH CORNELL COOPERATIVE EXTENSION – BUILDINGS AND GROUNDS

WHEREAS, a discrepancy has been found in the amount of square footage leased by Cornell Cooperative Extension.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with the Cornell Cooperative Extension for rental of the increased square footage of 2,079 square feet of office space on the second floor of the Rural Urban Center at a cost of $18,711.00 for the term of the lease, said lease to run from January 1, 2004 through December 31, 2004, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 376 Motion by Bingell, Second by Larison.

RE: AUTHORIZE LEASE RENEWAL WITH FINGER LAKES ALCOHOLISM COUNSELING AND REHABILITATION ASSOCIATION (FLACRA) – BUILDINGS AND GROUNDS

WHEREAS, FLACRA has requested to continue using office space in the County Office Building, and

WHEREAS, the square footage space within the Department of Social Services offices used by FLACRA for case management purposes has been reduced.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a lease agreement renewal with FLACRA for rental of the reduced square footage of 42 square feet of office space on the basement floor of the County Office Building at a cost of $378 for the term of the lease, said lease to run from January 1, 2004, through December 31, 2004, subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 377 Motion by Bingell, Second by Larison.

RE: AUTHORIZE MONITORING AGREEMENT RENEWAL WITH SENTRY ALARM/CPE COMMUNICATIONS FOR FIRE ALARM MONITORING – BUILDINGS AND GROUNDS

WHEREAS, the Building Maintenance Supervisor has requested quotes for fire alarm monitoring for county property, and

WHEREAS, Sentry Alarm/CPE Communications has quoted the best price for this service in the amount of $552.00 per year.

NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Sentry Alarm/CPE Communications for the fire alarm monitoring for county buildings for the term of January 1, 2004 through December 31, 2006, funding to be made available in the 2004 Buildings and Grounds budget account no 1620.400; subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 378 Motion by Larison, Second by Bingell.

RE: AUTHORIZE LEASE RENEWAL WITH THE SCHUYLER COUNTY YOUTH BUREAU – BUILDINGS AND GROUNDS

WHEREAS, the Youth Bureau occupies Suite 301 in the Rural Urban Center, and

WHEREAS, the annual rent will no longer be paid annually, but will be paid in quarterly payments of $1,577.25.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with Schuyler County Youth Bureau for rental of 701 square ft. in Suite 301 of the Rural Urban Center, said lease to run from January 1, 2004 through December 31, 2004, subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 379 Motion by Larison, Second by Bingell.

RE: AUTHORIZE AMENDMENT TO THE 2003 LEASE AGREEMENT WITH FAMILIES FIRST – BUILDINGS AND GROUNDS

WHEREAS, Resolution 308 of 2003 authorized a lease agreement with Families First for Suite 304 in the Rural Urban Center, and

WHEREAS, the Rape Crisis Center has requested the use of some of the Families First space, and

WHEREAS, a 138 square feet conference room in Suite 304 could be made available for the Rape Crisis Center.

NOW, THEREFORE, BE IT RESOLVED, that the lease agreement with Families First be amended to reflect a decrease of 138 square feet in the fourth quarter billing of 2003, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said amendment with Families First; said lease to run through December 31, 2003, subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 380 Motion by Larison, Second by Bingell.

RE: AUTHORIZE LEASE AGREEMENT WITH THE RAPE CRISIS CENTER FOR 2003-2004 – BUILDINGS AND GROUNDS

WHEREAS, the Rape Crisis Center has requested the use of office space at the Rural Urban Center, and

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with the Rape Crisis Center for rental of 138 square feet of office space on the third floor of the Rural Urban Center at a cost of $ 1,552.50 for the term of the lease, said lease to run from October 1, 2003 through December 31, 2004, to be renewed on a calendar year; subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 381 Motion by Bingell, Second by Yuhasz.

RE: AUTHORIZE LEASE RENEWAL WITH FAMILIES FIRST – BUILDINGS AND GROUNDS

WHEREAS, the Families First program occupies Suite 304 in the Rural Urban Center, and

WHEREAS, the annual rent will be $9.00 per square feet, to be paid in quarterly payments of $1,678.50.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with Schuyler County Families First for rental of 746 square feet in Suite 304 of the Rural Urban Center at a cost of $6,714 annually, said lease to run from January 1, 2004 through December 31, 2004, said lease is subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 383 Motion by Bingell, Second by Yuhasz.

RE: ADOPT POLICY AND PROCEDURE FOR THE USE OF THE CENTRAL GARAGE – HIGHWAY DEPARTMENT

WHEREAS, the Highway Superintendent and the Public Works Committee agree that there needs to be guidelines established regarding Central Garage functions, and

WHEREAS, a complete policy and procedure manual was initiated by the Highway Department with clarifications that have been approved by the Public Works Committee.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the Central Garage Policies and Procedures established on October 14, 2003.

VOTE: Passed 7-0.

RESOLUTION NO. 384 Motion by Bingell, Second by Yuhasz.

RE: ACCEPT PROPOSAL FROM DICKS ENTERPRISES FOR DEER CARCASS REMOVAL – HIGHWAY DEPARTMENT

WHEREAS, the Highway Superintendent and the Public Works Committee agree to exercise an available two-year contract renewal for the Deer Carcass Removal, and

WHEREAS, Dicks Enterprises has agreed to extend the original agreement at the original bid price of $27.50 for each removal.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the quote from Richard H. Simonsen/Dicks Enterprises, 3529 Rt. 14, Himrod, NY 14842 for $ 27.50 each, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a renewal agreement with Dicks Enterprises effective January 1, 2004 through December 31, 2005; funding available in the 2004/2005 budget no. 5110.400; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 6-0. Abstain: Larison.

RESOLUTION NO. 384 Motion by Bingell, Second by Young.

RE: AUTHORIZE CONTRACT RENEWAL WITH METEORLOGIX FOR WEATHER STATION – HIGHWAY DEPARTMENT

WHEREAS, the Highway Superintendent and the Public Works Committee have agreed there is a need for the Highway Department to maintain an annual subscription agreement with Meterologix that will enable the county to have instant access to comprehensive regional and national weather data.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Meteorlogix for the Highway Department for the term January 1, 2004 through December 31, 2004, in the amount of $1,104.00, funding available in the 2004 budget account no. 5142.400; subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 385 Motion by Bingell, Second by Young.

RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS FOR THE CONSTRUCTION INSPECTION SERVICES FOR COUNTY ROUTE 16 BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT

WHEREAS, bids were collected and awarded for the replacement of BIN 3332670, CR 16 Bridge over a Tributary to Meads Creek, and

WHEREAS, the construction of this project has begun, and an agreement is necessary for Construction Inspection Services, and

WHEREAS, the Highway Superintendent and Public Works Committee recommend that Hunt Engineers be retained for Construction Inspection Services for the replacement of this bridge.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to this agreement not to exceed $16,692.00; funding available in the 2003 budget account no. 5020.400; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 386 Motion by Bingell, Second by Young.

RE: AMEND RESOLUTION NO. 215-03 TITLED - AUTHORIZE CREATION AND FILLING OF ONE (1) SEASONAL LABORER POSITION AND FILLING OF THE TWO (2) SEASONAL LABORER AND ONE (1) MOTOR EQUIPMENT OPERATOR POSITIONS - HIGHWAY

WHEREAS, the Highway Superintendent and the Public Works Committee have agreed that due to extensive flood damage, the regular work performed by the seasonal labor force was cut, and

WHEREAS, there is a tremendous amount of weed control, bridge cleaning and maintenance work that still needs to be completed, and

WHEREAS, Resolution No. 215-03 states that the seasonal positions are to be filled for no more than a four (4) month period.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the amendment of Resolution No. 215-03 to read that the seasonal positions at the Highway Department shall be filled for a six (6) month period, and

BE IT FURTHER RESOLVED, that the additional cost for salaries will be offset by Federal Emergency Management Agency funds.

VOTE: Passed 7-0.

RESOLUTION NO. 387 Motion by Bingell, Second by Larison.

RE: REQUEST STATE TO ABANDON MAINTENANCE JURISDICTION OF LAND IN THE TOWN OF CATHARINE ACQUIRED FOR HIGHWAY

WHEREAS, the County of Schuyler owns certain lands in the Town of Catharine more fully described in New York State Department of Transportation, Surplus Property Case #06-111-267, and

WHEREAS, the County of Schuyler and the State of New York have determined that said property is surplus to the needs of the County and the State, and

WHEREAS, the adjacent property owner, Mr. Carl and Mrs. Laurie Scullin, is interested in acquiring a portion of Route 224 Highway Right‑of‑Way from the County, and

WHEREAS, before the County can convey such land, it needs to request the New York State Department of Transportation to abandon its maintenance jurisdiction over the said parcel.

NOW, THEREFORE, BE IT RESOLVED, that the New York State Department of Transportation be, and hereby is, requested to release and abandon its maintenance jurisdiction over the property more fully described in New York State Department of Transportation, Surplus Property Case #06-111-267 and,

BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, directed to send three certified copies of this Resolution to Glenn Meteer, Regional Real Estate Officer of the New York State Department of Transportation at 107 Broadway, Hornell, New York, 14843, and

BE IT FURTHER RESOLVED, that when all conditions precedent have been satisfied the Chairman of the Legislature and the County Attorney shall take all steps necessary to negotiate a sale of such parcel to the adjacent owners upon such terms as shall be satisfactory to the Chairman and County Attorney and in accordance with Highway Law Section 118-a.

VOTE: Passed 7-0.

PUBLIC HEARING ON AGED EXEMPTION SLIDING SCALE INCREASE:

Real Property Tax Agency Director Thomas Bloodgood summarized the increase, which represents an approximate 10% increase to the scale, which has not been adjusted since the mid 1990s.

RESOLUTION NO. 388 Motion by Bingell, Second by Larison.

RE: ADOPT INCREASE IN THE CURRENT AGED EXEMPTION SLIDING SCALE INCOME LIMIT – REAL PROPERTY TAX

WHEREAS, the Schuyler County Legislature duly advertised and conducted a public hearing in respect to a proposed increase in the income limit for exemption from taxation in the case of persons 65 years of age or older, and

WHEREAS, the current base income limit was set by resolution in 1994 and has remained unchanged since then, and

WHEREAS, this Legislature deems an increase in the exempt amount on a sliding scale from a $10,000 to an $11,000 base income proper and necessary.

NOW, THEREFORE, BE IT RESOLVED, that the income limit for the partial exemption from real property taxation pursuant to section 467 of the Real Property Tax Law for persons 65 years of age or older be increased to correspond with the sliding scale outlined below, effective with the 2004 assessment rolls for the 2005 taxes and thereafter.

INCOME LIMIT % OF EXEMPTION

$11,000 50%

$12,000 45%

$13,000 40%

$14,000 35%

$14,900 30%

$15,800 25%

$16,700 20%

VOTE: Passed 7-0.

RESOLUTION NO. 389 Motion by Bingell, Second by Larison.

RE: AUTHORIZE INTERGOVERNMENTAL AGREEMENT WITH ALL SCHUYLER COUNTY TOWNSHIPS FOR REMOTE CONNECTION TO COUNTY NETWORK – INFORMATION TECHNOLOGY SERVICES

WHEREAS, the Real Property Tax Service is upgrading their assessment information software, and

WHEREAS, it is necessary for the proper operation of this software for individual town assessors to remotely access and update their portion of the above mentioned software, and

WHEREAS, it is necessary for appropriate actions be taken to protect both the County Network and the individual assessor and/or township computers from being compromised or allowed unauthorized access.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute an Intergovernmental Agreement with all town assessors for such purposes as stated above with no costs incurred by the County; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 390 Motion by Larison, Second by Bingell.

RE: RESOLUTION ADVOCATING A VOTER-VERIFIED PAPER TRAIL IN OUR VOTING MACHINES – BOARD OF ELECTIONS

WHEREAS, in October 2002, Congress passed the Help America Vote Act (HAVA), to help states throughout the Country replace anticipated and unreliable punch card and butterfly ballot voting systems, and

WHEREAS, HAVA is having the unintended consequences of fueling a rush by states including New York State to purchase computer-voting systems that suffer serious flaws in that voters and election officials have no way of knowing whether the computers are counting votes properly, and

WHEREAS, voting should not be an act of blind faith, but an act of record, and

WHEREAS, a recount requires that there be a reliable record to check and without an actual paper record that each voter can confidentially inspect, faulty or hacked computer systems will simply spit out the same faulty or hacked result, and

WHEREAS, the current law does nothing to protect the integrity of our elections against computer malfunction, computer hackers, or any other potential irregularities as indicated by computer error in elections in 2002. Where brand new computer voting systems used in Florida lost over 100,000 votes due to a software error and other irregularities were reported in New Jersey, Missouri, Georgia, Texas, and at last 10 other states.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature wants every vote in every election to be accurately counted in time for the 2004 federal election by:

Requiring all voting systems to produce a voter-verified paper record for use in manual audits and recounts. This requirement means that the DRE (direct recording electronic voting machines) would print a ballot that each voter would verify as accurate and deposit into a ballet box for later use in a recount.

Banning the use of undisclosed software and wireless communications devices in voting systems.

Requiring that all voting systems meet these requirements in time for the general election in November 2004.

Requiring that electronic voting systems be provided for persons with disabilities by January 1, 2006, which is one-year earlier that currently required by HAVA.

Require that the voting machines must also provide voter verified ballots. This can be done by producing optical scan ballots that can be read by an optical scanner with a headphone attached for blind and visually impaired people.

Requiring mandatory surprise recounts in 0.5% of domestic jurisdictions and 0.5% of overseas jurisdictions, and

BE IT FURTHER RESOLVED, that this Legislature request that these provisions be amended to the New York State HAVA in a timely manner so that New York State would have until December 2003 to request additional fund to meet this requirement.

VOTE: Passed 7-0.

RESOLUTION NO. 391 Motion by Larison, Second by Bingell.

RE: AUTHORIZE FUNDING IMMUNIZATIONS TO THE HUMANE SOCIETY EMPLOYEES HANDLING DOGS AND CATS AT THE CLINICS – SHERIFF’S DEPARTMENT

WHEREAS, the Humane Society has approached the Public Safety/Criminal Justice Committee and advised them that their volunteers are at risk of exposure when giving rabies vaccinations to dogs and cats that have not been vaccinated, and

WHEREAS, pre-exposure treatments cost approximately $500 each and post exposure treatments can cost up to $1,500 each, and

WHEREAS, the Public Safety/Criminal Justice Committee would like to see the Sheriff work with the Public Health Department on possibly obtaining these immunizations at a lower cost and then issuing them to Humane Society volunteers if there are available funds in the Sheriff’s 2003 budget.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff will issue immunizations to the Humane Society volunteers pending the availability of funds, effective immediately.

VOTE: Passed 7-0.

RESOLUTION NO. 392 Motion by Larison, Second by Bingell.

RE: AUTHORIZE AGREEMENT WITH OP-TECH ENVIRONMENTAL SERVICES, INC. TO PROVIDE EMERGENCY RESPONSE TO HAZARDOUS MATERIAL CONDITIONS – EMERGENCY MANAGEMENT

WHEREAS, Schuyler County lacks resources to handle an emergency hazardous material incident, and

WHEREAS, Op-tech Environmental Services, Inc. will respond when called to handle such an event, and they will bill Schuyler County for their services at the incident if they are not contracted by the incidents responsible party, all possible resources would be used prior to contacting Op-tech, and

WHEREAS, the New York State Department of Environmental Conservation (DEC) will seek reimbursement on behalf of Schuyler County from the responsible party or, failing DEC action, Schuyler County will seek reimbursement from the responsible party, and,

WHEREAS, Op-tech Environmental Inc. will charge on a per call basis only, no charge for an annual contract. The contract will be renewed annually. Use of this Company would be under the exclusive control of the Emergency Management Office.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with OP-TECH Environmental Service Inc. for the Emergency Management Office for Hazardous Material Services for the term November 11, 2003 through October 31, 2004, funding available in the 2004 Emergency Management account no. 3689.435-Contractors; subject to approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 393 Motion by Larison, Second by Bingell.

RE: AUTHORIZE 2002-2003 GRANT APPLICATIONS WITH THE STATE HOMELAND SECURITY GRANT PROGRAM, COORDINATED BY NEW YORK STATE WEAPONS OF MASS DESTRUCTION TASK FORCE – EMERGENCY MANAGEMENT

WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for assistance under the Exercises and Training Grants for Fiscal Year 2002 (FY02), and Fiscal Year 2003 (FY03)

WHEREAS, this grant is for certain exercises, training and administrative expenses associated with these Exercises and Trainings, and

WHEREAS, the tentative FY02 allocation for Schuyler County under the exercise and evaluation program is $537.00, and

WHEREAS, the tentative FY03 allocation for Schuyler County under this program is $3,993 for exercises, and allocated for training is $2,007, and

WHEREAS, the tentative FY03 Supplemental Exercise Assistance allocation for Schuyler County is $900 allocated for exercises and $4,500 is allocated for training.

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; aforesaid documents subject to approval by the Schuyler County Attorney.

VOTE: Passed 7-0.

RESOLUTION NO. 394 Motion by Larison, Second by Bingell.

RE: RE-APPOINTMENT OF RON ALEXANDER TO THE CONDITIONAL RELEASE COMMISSION – PROBATION DEPARTMENT

WHEREAS, Ronald G. Alexander was appointed to serve on the Local Conditional Release Commission for a period of four (4) years pursuant to Resolution No. 172 of 1991 and was re-appointed for terms of four (4) years each in 1995 and 1999, and

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

NOW, THEREFORE, BE IT RESOLVED, that Ronald G. Alexander be re-appointed to serve on the Local Conditional Release Commission for a term of four (4) years commencing on 10/14/03 and terminating on 10/13/07.

VOTE: Passed 7-0.

RESOLUTION NO. 395 Motion by Larison, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS FOR EXPERT WITNESS EXPENSE – DISTRICT ATTORNEY

WHEREAS, the District Attorney’s Office will be incurring trial expenses in the matter of “The People of the State of New York versus Elizabeth A. Kettle”, and

WHEREAS, it has become necessary to hire an expert witness to testify in this case, and it is anticipated that that cost will be approximately $15,000.00.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer the amount of $15,000 from Contingency account no. 1990.500 to District Attorney account no. 1165.0443, for the purpose of paying the State’s expert witness.

VOTE: Passed 7-0.

RESOLUTION NO. 396 Motion by Bingell, Second by Young.

RE: AUTHORIZE CONTRACTS FOR PROJECTS AS A RESULT OF FLOOD DAMAGE – HIGHWAY DEPARTMENT

WHEREAS, the Federal Emergency Management Agency (FEMA) and the Federal Highway Administration will be issuing funds to counties that suffered damages from the July 24, 2003 flood, and

WHEREAS, the Schuyler County Highway Superintendent wishes to enter into numerous agreements with contractors to do work such as reconstruction and repairs, at a cost not to exceed $10,000 with each contractor, and

WHEREAS, NYS Department of Environmental Conservation has issued emergency 30-day permits to work in the streams for channel and related flood damages.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute all necessary agreements, certifications or reimbursement requests for Federal Aid on behalf of the County of Schuyler from FEMA and Federal Highway Administration.

VOTE: Passed 7-0.

RESOLUTION NO. 397 Motion by Bingell, Second by Young.

RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 2003 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 4%

WHEREAS, the Legislature requested the New York State Legislature to enact Legislation allowing Schuyler County to increase its Room Tax to 4%, and

WHEREAS, the State Legislature has granted that request by passing Senate Bill S.3413 and Assembly Bill A. 7348, which Bills were signed into law, and

WHEREAS, in order to increase the room tax, Local Law No. 2 of the Year 1988 needs to be amended.

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5 of the Year 2003 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and

BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on November 10, 2003 at 7:30 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 5 OF THE YEAR 2003

Local Law No. 2 of the year 1988 is hereby amended as follows:

2. IMPOSITION OF TAX

On and after the first day of December 1, 2003 there is hereby imposed and shall be paid a tax of four (4%) upon the rent for every occupancy of a room or rooms in a hotel, motel, bed and breakfast or tourist facility having one or more rooms in this County except that the tax shall not be imposed upon (1) permanent resident, or (2) exempt organizations as hereinafter set forth.

All provisions of Local Law No. 2 of the year 1988 not amended hereby shall remain in full force and effect.

This Local Law shall take effect upon filing in the office of the Secretary of State as provided by the Municipal Home Rule Law.

DISCUSSION: Legislator Yuhasz said he understands the concerns of the citizens and asked if the county would be able to take additional revenues from Walmart to offset financial issues? Chairman Gifford said it is difficult to attribute sales tax revenues to one business and there is no one thing that can help with Medicaid. Legislator Young feels Schuyler County is made up of small businesses and that they need to re-energize their local economy, not the larger chains. She will vote to have the public hearing, but reserved the right to vote no after the hearing. She is also very concerned with the county budget. She encouraged the public to give any ideas to help trim the budget. Legislator Larison expressed his support for the business owners.

VOTE: Passed 6-1. No: Larison.

RESOLUTION NO. 398 Motion by Bingell, Second by Young.

RE: RESOLUTION ESTABLISHING A MORTGAGE TAX INCREASE FOR SCHUYLER COUNTY TO OFFSET COMMUNITY COLLEGE EXPENSES

WHEREAS, the Schuyler County Legislature requested special State Legislation to authorize them to increase its Mortgage Tax from .75% to 1%, and

WHEREAS, that Legislation was passed on September 22, 2003 authorizing Schuyler County to increase its Mortgage Tax.

NOW, THERFORE, BE IT RESOLVED, that the Schuyler County Mortgage Tax will be increased from .75% to 1% and shall take effect only on the first day of the third month succeeding the month in which such resolution is duly adopted. Such a resolution shall not be effective unless a certified copy thereof is mailed by registered or certified mail to the state tax commission at its office in Albany at least sixty days prior to the date the resolution shall take effect. However, the tax commission may waive and reduce such sixty-day notice requirement to a requirement that such certified copy be mailed by registered or certified mail within a period of not less than thirty days prior to such effective date if it deems such action to be consistent with its duties under this article. A certified copy of any resolution adopted pursuant to this subdivision shall also be filed with the state comptroller within five days after the date it is duly adopted. Notwithstanding any other provision of law to the contrary, the mortgage recording tax shall not be imposed upon any mortgage executed by a voluntary nonprofit hospital corporation or upon any mortgage executed by or granted to the dormitory authority. Such increase is intended to be used specifically to offset community college expenses.

VOTE: Passed 7-0.

RESOLUTION NO. 399 Motion by Bingell, Second by Larison.

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 vacant Social Work Assistant position, Grade 22, $14.93 per hour, in the Mental Health Clinic, effective immediately; funding is available in the year 2003 budget.

VOTE: Passed 7-0.

RESOLUTION NO. 400 Motion by Bingell, Second by Larison.

RE: EXTEND AGREEMENT WITH SCHUYLER HOSPITAL, INC. FOR HOMECARE AND REHABILITATION THERAPY SERVICES FOR 2002 - 2003 - PUBLIC HEALTH

WHEREAS, Resolution No. 410-02 authorized an agreement between Schuyler Hospital and Public Health for nursing services, home health aides and therapy services, and

WHEREAS, such agreement expired July 31, 2003, and

WHEREAS, both Schuyler Hospital and Public Health agree that there will be no change to the rates charged for these services through the end of 2003, and

WHEREAS, both parties desire this agreement be returned to the calendar year contract cycle, and

WHEREAS, funding is available to extend this agreement through December 31, 2003 in the Public Health 2003 budget, account no. 4010.490.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to extend the agreement with Schuyler Hospital, Inc. for homecare, home health aides and rehabilitation therapy services through December 31, 2003 as written, including addendums, to be renewed on a calendar year, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 7-0.

WITHDRAWN

RE: AUTHORIZE MEMORANDUMS OF AGREEMENT WITH THE DEPUTY SHERIFF’S ASSOCIATION - WITHDRAWN

WHEREAS, the County and the Deputy Sheriffs Association agree upon certain terms relative to adding four titles to the 2003-2007 Agreement that were never included in the past, and additionally agree that this will be allowed retroactive to January 1, 2003, and

WHEREAS, it is understood that these titles will be added with a sunset clause to expire at the end of the contract term, December 31, 2007, at which time it is to be re-negotiated, and if the contract is re-opened for any reason prior to the sunset term, that this issue will be further negotiated during said re-opener.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to the terms of the Memorandums of Agreement as set forth above as addendums to the 2003-2007 Deputy Sheriffs Association Contract Agreement, and authorizes the Chairman of the Legislature to execute the same.

RESOLUTION NO. 401 Motion by Larison, Second by Bingell.

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

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

VOTE: Passed 7-0.

RESOLUTION NO. 402 Motion by Bleiler, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS - DISTRICT ATTORNEY

WHEREAS, the District Attorney’s Office has incurred expenses which the current budget is unable to cover, and

WHEREAS, currently the District Attorney’s Office has a negative balance in the Court Reporters account no.1165.416 in the amount of $282.46 and the Mileage account no. 1165.430 in the amount of $340.27, and

WHEREAS, it is anticipated that before the end of the year, there will be several other bills requiring payment that the District Attorney’s budget will be unable to meet.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer is hereby authorized to transfer to transfer the amount of $282.46 from Contingent account no. 1990.500 to account no. 1165.416-Court Reporters, and the amount of $340.27 from Contingency account no. 1990.500 to account no. 1165.430-Mileage, for the purpose of paying said expenses; along with approval for future transfers from Contingency, not to exceed $1,500 to cover anticipated expenses that will be incurred between now and the end of the year.

VOTE: Passed 7-0.

RESOLUTION NO. 403 Motion by Bleiler, Second by Bingell.

RE: AMEND RESOLUTION NO. 346-03/AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO PAY FOR SALARIES – BOARD OF ELECTIONS - FAILED

BE IT RESOLVED, that Resolution No. 346-03 be amended as follows, changes in bold:

WHEREAS, to help with the current back-log, expected workload demands and to train staff, the Board of Election Commissioners would like to request additional funding for training in the office, and

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the amount of $3,520 from Contingency account no. 1990.500 to account no. 1450.100 to cover said training for a period of September 29, 2003 through December 31, 2003.

DISCUSSION: Legislator Bingell feels there will be a lapse in between the training and hire date for the second trainee since the second Deputy Commissioner is not leaving county employment until April. Legislator Larison explained that this person would stay on and they are funding it in the 2004 budget. Legislator Bingell said she understands that, but feels it is more effective to train one at a time. Legislator Yuhasz noted that the Legislature just controls the purse strings, the Board of Elections Commissioners can spend it as they choose. The Commissioners would like to have both of the new personnel trained this year and have the other trainee stay on board until April. Legislator Bleiler believes all the county departments have tried to pick up slack and do double time in order to train or complete a task. They have had other staff volunteer time to train, like for foster care families.

VOTE: Failed 3-4. Noes: Bleiler, Bingell, Young, Gifford.

RESOLUTION NO. 404 Motion by Bleiler, Second by Bingell.

RE: ENDORSE CONCEPT OF PART-TIME PUBLIC DEFENDER OFFICE FOR PRELIMINARY BUDGET PURPOSES

WHEREAS, the current part-time Public Defender has tendered his resignation by the end of this year, and

WHEREAS, the Public Safety & Criminal Justice Committee has been investigating staffing alternatives for that office, and

WHEREAS, for purposes of submitting a preliminary 2004 budget, the Public Safety & Criminal Justice Committee would like the Legislature to endorse the following concept while they continue their investigation.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby endorses the concept of the Office of Public Defender consisting of a part-time Public Defender, Assistant Public Defender and necessary administrative support for purposes of submitting a preliminary 2004 budget for said office, and encourages the Public Safety & Criminal Justice Committee to continue exploring this issue in a timely manner.

VOTE: Passed 7-0.

RESOLUTION NO. 405 Motion by Bleiler, Second by Bingell.

RE: RESOLUTION SUPPORTING THE NEW YORK STATE CERTIFIED APPRENTICESHIP PROGRAM

WHEREAS, maintaining a skilled and qualified labor force is essential to a healthy local economy, and

WHEREAS, said Certified Apprenticeship Program aids in providing local businesses with a skilled labor force, uniformly trained in their respective discipline, and

WHEREAS, absent such Certified Apprenticeship Program, a quality training program uniformly applied by area of expertise, would likely not exist.

DISCUSSION: Legislator Yuhasz said he agrees with the concept of this program, but feels this resolution does not do anything. Legislator Bleiler said the reason we would adopt this is because the state and organized labor unions recognize the importance of this program and having skilled labor, but the public does not. This resolution would make a statement that this Legislature agrees with New York State, the unions, and recognize the value of their training. Legislator Yuhasz said he does not disagree, but why should government get involved with this? Legislator Young said the Governor has already got involved with this and has taken a bill to the State Legislature. This is a good thing for them to do. This is a good statement for Schuyler County to make. Legislator Yuhasz asked the County Attorney if the wording of this resolution is binding in any way? Attorney Coleman stated that it is the intent of this resolution that the Legislature supports and fosters the apprenticeship program. However, if there grows out of this a desire to enforce an apprenticeship program on Schuyler County contractors, we will have problems as he has cited previously. Legislator Karius feels this is not the place for government to get involved. Legislator Larison feels that this program only causes the small businessmen more expense.

VOTE: Passed 5-2. Noes: Larison, Karius.

NEW BUSINESS:

Legislator Karius announced that the Management and Finance Committee meeting scheduled for tomorrow morning is cancelled.

UNFINISHED BUSINESS:

MOTION by Chairman Gifford that the consideration of the two management level appeals be tabled until October 20, 2003, SECOND by Legislator Larison. Vote passed seven ayes to zero noes.

REPORT ON STANDING COMMITTEES:

Legislator Bleiler reported on the Human Services Committee. He stated that the New York State Medicaid budget is larger than 40 of our 50 states’ complete budgets. Medicaid in NYS has been abused. The state legislators have taken a very good law and abused it because they pass laws that say you can use Medicaid if you qualify. Our qualifications are much different than other states. By making our qualifications different and allowing a lot more people to qualify, it makes a lot of people happy. It’s a cheap campaign because for any $1 spent on Medicaid, it only costs the state $.25. Chemung County Executive, Tom Santulli, has done a good job as far as public awareness on Medicaid. There are 3-4 plans given to state legislature encouraging them to correct the problem. He encouraged folks to get involved and speak out.

Legislator Bingell reported on the Public Works Committee. The grant for Seneca Harbor Park may be used this coming Spring for beautification. The Corps of Army Engineers report indicates that we may be able to repair the breakwater before winter.

Legislator Yuhasz reported on the Health Services Committee, stating that Mental and Public Health continue to try to bring money in the county and he appreciates that.

PUBLIC PARTICIPATION:

Kathy Walruth, CSEA Administrative Unit President, asked for an explanation of the Cost of Living Adjustment for management/confidential level employees. Chairman Gifford explained that this year it is 2.8% and is based on the second quarter of the year.

Gordon Swarthout asked if the Legislature has considered how they are going to handle the damage to his front lawn since it was the Highway Superintendent and Hunt Engineers that designed the culvert that did the damage. He would also like to know if the county is going to allow Swarthout’s open dump to go on. Chairman Gifford spoke to the second issue explaining that it is a town code enforcement issue. The county does not enforce town dumping or zoning issues. Legislator Bleiler spoke to the first issue noting it had been discussed in two different committees. They spoke with Lloyd Weatherby from the Soil and Water Conservation District and Lloyd explained the situation to the committees’ satisfaction.

Susan BetzJitomir asked if the county web site can include the entire county budget so folks can do an analysis if they so desire.

Angie Franzese asked about the preliminary budget. Chairman Gifford said that the major contributors to increasing the 2004 budget are health insurance, which is going up 28%, retirement and Medicaid. Mrs. Franzese reiterated her concern about the proposed increase in the room tax. She asked what would be the total raised by doing this? Chairman Gifford said approximately $60,000, which is given to the Chamber for tourism promotion. If this passes, there will be no other allocation made to the Chamber.

The Meeting adjourned at 7:58 p.m.

Gail M. Hughey, Clerk

REGULAR MEETING

NOVEMBER 10, 2003

The November 10, 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 Larison and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.

PUBLIC PARTICIPATION:

Kathleen Beate spoke in support of the Patriot Act Resolution on the agenda. She feels that the Constitution and Bill of Rights are what make America, America. She then cited a passage from Benjamin Franklin regarding liberties.

Joann Smith also spoke in support of the Patriot Act. She thinks citizens are concerned about the Bill of Rights and civil liberties being in jeopardy. She distributed copies of information, see attachments on file.

Irene Brown said she has personal knowledge of the Patriot Act. She feels it was made in a moment of fear. There are some parts of this Act that are very prejudice. She feels intimidated by this Act. It’s not just one area of people we need to worry about. This Act is very invasive to people and she feels it needs a revision. She gave the Legislature five letters written by her neighbors that could not be here tonight (on file). She asked the legislators to look at this issue carefully. When others can invade your personal life, it is not right.

Gordon Swarthout feels the FBI does not need the Patriot Act because they have, over the years, already violated rights in the constitution.

Jylle Benson-Gauss reported that she has more signatures on a petition. She read a petition (on file) in support of changing the Patriot Act. The line between governmental responsibilities and civil rights move, but what is in the Patriot Act is secrecy and lack of accountability. She urged, on behalf of the petitioners, to speak out and affirm commitment to the civil rights of the constitution.

Michael Lesso spoke in support of the Patriot Act Resolution. He feels there are a lot of unknowns with this Act and that others have no right to invade our lives. This bill really counters the spirit of American government.

Beau Depuy spoke in support of the Patriot Act Resolution and he read from a section of the Constitution relative to search and seizure. The Patriot Act vastly expanded the government’s ability to look into all of our personal business. Section 215 of Patriot Act allows the government to target innocent people, not just suspected terrorists. There should be no wiggle room with our constitutional rights. He feels it is the government’s poor attempt at reacting to 9/11.

Bill Peck and Arnie Bacghni also spoke in support of the Patriot Act Resolution.

7:30 P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 5 OF THE YEAR 2003 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 4%:

Carol Henry presented a petition opposing the room tax increase. She read the petition (on file).

Paul Marcellus, owner of the Colonial Inn Motel for seven years, said it is a large learning curve to run a motel effectively. It is a very seasonal business and he has to charge more to make a living, and have a full-time job besides. He feels an additional 2%, doubling the tax, will hurt his business. He would rather see all the taxpayers raise an increase to the Chamber, not just the lodging business owners. The Chamber is needed and is money well spent.

George Eisman, owner of The Chalet Leon in Hector, reviewed advertisements for Schuyler County, which all of the business owners pay for, and there is a lot of advertisement for out-of-county lodging businesses. He asked how they are going to address what is produced to promote Schuyler County. There are a lot of businesses that benefit from tourism and asked why lodging businesses have to bear the full burden of that. He feels there should be some way to tax tourists other than just lodging fees, to include restaurants, entertainment, etc. He asked for clarification on the definition of a permanent resident. Attorney Coleman said it is just that, a permanent resident of the lodging establishment.

Judy Lampman, owner of the Seneca Clipper Inn, said they will have to cut rates to compete. They are taxpayers, too, and also invest in the Chamber of Commerce. Tourists also pay sales tax. She criticized the funding increase in the contingency account for the 2004 tentative budget. She feels that more advertising will not help if they cannot stay competitive. She noted that over eighty business owners have signed a petition.

William Newell said he owns a Bed and Breakfast (B&B) about a half-mile from the Yates County line, so he has competition just across the border. Schuyler County guests are currently paying 10.25% tax, and Yates County is currently charging 7% tax. It is not fair competition. This tax money is funneled to the Chamber. Every year he stocks up on brochures on everything imaginable. Most of it goes into the recycling come September, including the Schuyler County brochure. People do not read that information, with the exception of the Wine Trail information. Right now, from his own experience of fourteen years, 50% of business comes from the Internet, 30-35% are return guests and the rest from a variety of things. He has never had more than twenty stop-in guests over the last fourteen years. He feels the brochures are a waste and that the Chamber may need to change the way it operates.

Terry Lampman from the Seneca Clipper Inn, said he understands that the current 2% room tax raised $65,000 in 2002. He reviewed sales tax statistics from 2002. He feels this increase will lose money because folks will stay elsewhere and businesses will close. He feels they cannot really compare room tax in Schuyler County to surrounding counties. Other counties have larger cities, major highways, industry, etc. Tourism is Schuyler County’s livelihood, not theirs. Schuyler County is really competing with Yates County mostly because they have the same demographics as us.

John Smyder, a B&B owner, said they are a small business and with taxes going up, it puts a burden on their customers and the occupancy rates drop. Watkins Glen was built on Mom & Pop-type businesses. He urged the Legislature not to approve this increase.

Jim Franzese, owner of the Longhouse Manor, said the Legislature must consider that the tourism season only consists of fifteen Saturdays. There is always lodging available in Schuyler County. WENY Channel 18 TV in Elmira conducted a survey tonight about this proposal. 88% of viewers said they would go elsewhere for lodging. He signed a petition against the tax increase. There were 165 people that signed, but more importantly, no one refused to sign. All of the citizens of Schuyler County are very much against this tax.

John Van Soest, owner of the Fontainebleau Inn, spoke in opposition of the proposed increase. He feels this increase will affect business negatively. Lodging operators are most likely already charging the maximum they can charge and this really is taking out of the wallet of the business owner. Our county counts on tourism income.

Wayne Lynch, owner of Catharine Cabins in Montour Falls, said he just opened business 3 months ago. He is still establishing a client base. He is already dealing with increased sales tax, this is just more tax.

Chris Franzese, owner of the Villager Motel, said he has spoken to a number of businesses in the Village of Watkins Glen, which he listed in detail. Businesses operating in Watkins Glen signed a petition in opposition to an increase in the lodging tax. They ask the Legislature to vote no on this proposal.

Gordon Swarthout feels Watkins Glen International (WGI) is the best vehicle for advertising tourism. He feels the county can forget about advertising because WGI does it for the county.

Gloria Brubaker from Seneca Lodge spoke in opposition to the proposed increase. She asked what the legal ramifications are if a tax was added to race ticket sales? Attorney Coleman explained that years ago the idea of an entertainment tax was considered. This tax would fall upon not only WGI, but high school sporting events. It is possible to create such a tax, as a matter of State Law, but requires a Local Law to impose it. It brings with it, a whole host of issues. Chairman Gifford recalled that the law also exempts racetracks. Gloria asked the Legislature to not support this increase.

Theresa Kelly-Remmers from the Magnolia Place gave history of getting her business going. She feels they do not have a fair playing field with this type of business. This year she will have to dip into her own personal funds to get through the winter. She cannot do that every year without going out of business. She urged the Legislature to vote no on the proposed tax increase.

Carol Franzese said, as a customer, when she makes a reservation, she likes to know what the tax base is, it is important to her. Surrounding counties give Schuyler County a lot of competition.

Greg Bitler from the Anchor Inn, said he has not heard from anyone in support of the increase in the room tax. He understands the county’s difficult financial issues, however he feels they need to come up with another way other than this tax increase. He encouraged the legislators not to raise the room tax. WalMart projections are lower than anticipated. The economy is bad and all county programs are going to have to cut back a little bit. He also understands the importance of funding the Chamber and supports their funding.

Linda Smyder feels the lodging businesses pay above and beyond the room tax by paying for advertising.

Jim Franzese noted that $55,000 was removed from the budget for the Chamber and asked what percentage of the budget that equals? Chairman Gifford said it represents almost 1% of the tax levy. One percent on the local share equals $72,000. Jim said his point is that it is not a big impact.

Stewart Henry spoke in opposition to the proposed increase. He referred to a study and noted that once the tax is implemented and customers are gone, they don not come back.

William Newell asked for a show of hands in opposition to the tax. Many hands in the room went up.

The Public Hearing closed at 8:28 p.m.

RESOLUTION NO. 406 Motion by Larison, Second by Bingell.

RE: APPROVE MINUTES OF THE JULY 24, 2003 SPECIAL MEETING, THE AUGUST 4, 2003 SPECIAL MEETING, THE AUGUST 11, 2003 REGULAR MEETING, THE AUGUST 28, 2003 SPECIAL MEETING, THE SEPTEMBER 8, 2003 REGULAR MEETING AND THE OCTOBER 14, 2003 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the July 24, 2003 Special Meeting, the August 4, 2003 Special Meeting, the August 11, 2003 Regular Meeting, the August 28, 2003 Special Meeting, the September 8, 2003 Regular Meeting and the October 14, 2003 Regular Meeting of the Schuyler County Legislature be approved.

VOTE: Passed 8-0.

RESOLUTION NO. 407 Motion by Larison, Second by Bleiler.

RE: DESIGNATION OF THE AGRICULTURE FARMLAND AND PROTECTION BOARD AS THE LEAD AGENCY FOR SEQR REVIEW FOR AGRICULTURAL DISTRICT #1

WHEREAS, the Schuyler County Legislature received Part I of a Full Environmental Impact Assessment Form for Agricultural District #1, and

WHEREAS, the Schuyler County Legislature is requesting that the Agricultural and Farmland Protection Board assume lead agency for the project to review the SEQR and report back to the Legislature with its findings, and

WHEREAS, the Schuyler County Legislature notified agencies of its intent to request the Agricultural & Farmland Protection Board to assume lead agency for the project, and following a thirty (30) day notification period, received no interest from the other agencies to assume lead agency status for the project.

NOW, THEREFORE, BE IT RESOLVED, that the Agricultural and Farmland Protection Board will assume lead agency status for Agricultural District #1 in the Towns of Hector and Montour, and

BE IT FURTHER RESOLVED, that after review of Parts I and II of the Full Environmental Impact Assessment Form and other information, the Agricultural and Farmland Protection Board will determine if Agricultural District #1 will have any significant environmental impact and report back to the Legislature in order for a declaration to be prepared.

VOTE: Passed 8-0.

RESOLUTION NO. 408 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE TRANSFER OF FUNDS TO PAY FOR EXPENDITURES IN THE DEPARTMENT OF SOCIAL SERVICES

WHEREAS, the Department of Social Services expects to exceed its 2003 budget for Juvenile Delinquency, Emergency Aid for Adults and Safety Net, and

WHEREAS, funds are available in other accounts within the department to cover these overages, and

WHEREAS, the department also expects increased revenue for the Family Assistance, Juvenile Delinquency and Safety Net programs, which will partially offset some of the increased costs in Juvenile Delinquency and Safety Net:

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following transfers within the Department of Social Services 2003 Budget:

Appropriations
6101.400	Medical Assistance	(25,000)
6102.400	MEDICAID	(15,000)
6109.400	Family Assistance	0
6119.400	Foster Care & Adoption	(21,500)
6123.400	Juvenile Delinquency	150,000
6140.400	Safety Net	20,000
6142.400	Emergency Aid for Adults	1,000

Subtotal of Appropriations		109,500

Revenue
6109.3609	State Aid - Family Assistance	8,000
6109.4609	Federal Aid - Family Assistance	16,000
6123.3623	State Aid - Juvenile Delinquency	75,000
6140.3640	State Aid - Safety Net	10,000
6142.3642	State Aid – EAA	500

Subtotal of Revenue Accounts		109,500

	NET TOTAL	0

VOTE: Passed 8-0.

RESOLUTION NO. 409 Motion by Larison, Second by Bleiler.

RE: AUTHORIZE APPOINTMENTS TO THE 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 December 1, 2003 through December 31, 2006:

Michelle Hyde

Judah Baker

Chris Burns

VOTE: Passed 8-0.

RESOLUTION NO. 410 Motion by Bleiler, Second by Yuhasz.

RE: AUTHORIZE CONTRACTS FOR FAMILIES FIRST PROGRAM FOR THE YEAR 2004 – YOUTH BUREAU

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

WHEREAS, the departments of Social Services, Mental Health, Public Health and Probation each have money in their respective 2004 budgets to support the Families First Program.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign contracts for the Youth Bureau with the following departments for the provision of the Families First program for the year 2004; subject to the approval of the Schuyler County Attorney:

Department of Social Services $10,000

Mental Health $14,000

Public Health $10,000

Probation $ 5,000

VOTE: Passed 8-0.

RESOLUTION NO. 411 Motion by Bleiler, Second by Yuhasz.

RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2004 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 2004 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 2004 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. 412 Motion by Bleiler, Second by Yuhasz.

RE: AUTHORIZE GRANT APPLICATION FOR YOUTH GARDEN GRANT – YOUTH BUREAU

WHEREAS, the Youth Bureau offers a Youth Court program with community service as part of the program, and

WHEREAS, there is a Youth Garden grant available which will supply an array of quality tools, seeds, plant material, products and educational resources, at no cost, to allow youth to use their time and energy in a constructive fashion.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application and any subsequent contracts on behalf of the Youth Bureau; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 413 Motion by Karius, Second by Young.

RE: DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU

WHEREAS, the New York State 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 plan, and

WHEREAS, Schuyler County has always 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 from the Schuyler County Youth Board and with appropriate reporting to the Human Service Committee of the Legislature.

VOTE: Passed 8-0.

RESOLUTION NO. 414 Motion by Karius, Second by Young.

RE: DECLARE EQUIPMENT SURPLUS – REAL PROPERTY TAX AGENCY

WHEREAS, the Real Property Tax Department has a printer that is no longer needed by the department.

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

BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor remove said printer and place it in storage for inclusion in the County Auction.

One (1) 1991 Epson DFX8000 Printer S/N OV20003725 (Asset 000990)

VOTE: Passed 8-0.

RESOLUTION NO. 415 Motion by Karius, Second by Young.

RE: AUTHORIZE INTER-MUNICIPAL AGREEMENT WITH CHEMUNG COUNTY TO SHARE THE SCHUYLER COUNTY REAL PROPERTY TAX DIRECTOR POSITION

WHEREAS, Schuyler and Chemung counties have developed a proposal to share the services of our Real Property Tax Agency (RPTA) Director, and

WHEREAS, the agreement essentially retains the RPTA Director as a Schuyler County employee, but shares said position with Chemung County for a payment by Chemung County equal to one half of the sum of the total/global costs of compensation paid to said position (for 2004 Chemung County will pay $41,565), and

WHEREAS, for the month of December, 2003 Chemung County will pay $3,463.78.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an inter-municipal agreement with Chemung County for shared services of the Schuyler County Real Property Tax Director as set forth above, said agreement to run from December 1, 2003 through September 30, 2007, subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 416 Motion by Larison, Second by Yuhasz.

RE: SET STIPEND FOR ADDITIONAL REAL PROPERTY TAX DIRECTOR SERVICES AND AMEND THE 2003 BUDGET – REAL PROPERTY TAX

WHEREAS, the Legislature has authorized an inter-municipal agreement to share the services of our Real Property Tax Agency Director with Chemung County, and

WHEREAS, said sharing of services justifies an increase in compensation, and

WHEREAS, said increase shall be paid by an annual stipend for the calendar year 2004 in the amount of $14,246 in addition to the incumbent’s regular salary, and

WHEREAS, for the month of December, 2003 the amount shall be of $1,358.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the aforementioned stipend to be paid to Thomas Bloodgood for additional duties as the Real Property Tax Director for the County of Chemung, effective December 1, 2003, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2003 Real Property budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$1, 358.00 1355.100 Personal Services

+$ 103.89 9030.802 FICA/Medicare

+$ 4.70 1910.419 Work Comp.

+$ 55.68 9010.801 Retirement

+$1,522.27 1355-2201 General Services-Other Gov’ts Revenue

VOTE: Passed 8-0.

RESOLUTION NO. 417 Motion by Larison, Second by Yuhasz.

RE: AUTHORIZE DISTRIBUTION OF FEDERAL SALARY SHARING FUNDS AND AMEND 2003 COUNTY BUDGET - MENTAL HEALTH

WHEREAS, the NYS Office of Mental Health is prepared to reimburse counties for Federal Salary Sharing claims not previously distributed, and

WHEREAS, the Schuyler County Mental Health Department is requesting the distribution of $85,540.00 in Federal Salary Sharing Funds, at no local cost.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2003 Mental Health budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$55,540.00 4310.400-4316 Contractual Other - Federal Salary Sharing

+$30,000.00 4310.435-4316 Professional Fees - Federal Salary Sharing

+$85,540.00 4310.4490-4316 Federal Salary Sharing Revenue

VOTE: Passed 8-0.

RESOLUTION NO. 418 Motion by Larison, Second by Yuhasz.

RE: AUTHORIZE TRANSFER OF FUNDS FOR EARLY INTERVENTION/CHILD FIND/SCHCN GRANT - PUBLIC HEALTH

WHEREAS, Resolution No. 408-02 established the budget for the 2002-2003 Early Intervention/Child Find/SCHCN grant, and

WHEREAS, actual costs incurred have varied categorically from the budgeted costs.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the County Treasurer to amend the 2003 County Budget for the abovementioned grant as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$849.00 4010.100-4091 Personnel

-$849.00 4010.400-4091 Contractual

VOTE: Passed 8-0.

RESOLUTION NO. 419 Motion by Yuhasz, Second by Bingell.

RE: AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE - MENTAL HEALTH

WHEREAS, new Office of Mental Health regulations have expanded the number of members on the Mental Health Subcommittee to 11, to include consumers and family members.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Katherine Mattison to the Mental Health Subcommittee for term January 1, 2003 through December 31, 2006.

VOTE: Passed 8-0.

RESOLUTION NO. 420 Motion by Yuhasz, Second by Bingell.

RE: AUTHORIZE AGREEMENT WITH GLOBALSTAR USA, LLC FOR SATELLITE TELEPHONES - PUBLIC HEALTH

WHEREAS, Public Health has been provided with satellite telephones as part of the Bioterrorism Preparedness Plan, and

WHEREAS, a monthly service plan must be prescribed to in order to operate the satellite telephones, and

WHEREAS, Globalstar USA, LLC has been identified as the provider of the satellite telephone service at a rate of $51.95 plus excise taxes per month per phone.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a service agreement with Globalstar USA, LLC to provide satellite telephone service at a rate of $51.95 plus excise taxes per month per phone, funding available in the Public Health budget, account no. 4010.400-4028, subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 421 Motion by Yuhasz, Second by Bingell.

RE: AMEND CONTRACT WITH SCHUYLER HOSPITAL, INC. FOR HOMECARE AND REHABILITATIVE SERVICES FOR 2002 - 2003 - PUBLIC HEALTH

WHEREAS, Schuyler County Public Health contracts with Schuyler Hospital for nursing services, home health aides and therapy services, and

WHEREAS, there is a need for increased clinical supervision due to the implementation of the home health telemonitoring system, and

WHEREAS, Schuyler Hospital is able to provide a clinical nurse supervisor for the Public Health Department on a part-time, hourly basis at the rate of $37.00 per hour, not to exceed 15.0 hours per week.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the contract with Schuyler Hospital to provide a supervisory level nurse for clinical supervision involving the home health telemonitoring system, at an hourly rate of $37.00, not to exceed 15.0 hours per week, funding being available in the Public Health budget, account no. 4010.490-Subcontracts; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 422 Motion by Bingell, Second by Larison.

RE: AUTHORIZE TRANSFER OF FUNDS - MENTAL HEALTH

WHEREAS, a bond payment related to the financing of the original section of Mill Creek Center, in the amount of $60,000 is due in December 2003, and

WHEREAS, payment to the Village of Watkins Glen for municipal services, in lieu of tax, in the amount of $2,598 is also due in December, and

WHEREAS, the aforementioned payments were not included in the 2003 Mental Health budget, and

WHEREAS, there are funds available in the Personal Services account to cover these payments.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer funds in the 2003 Mental Health budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

-$62,598 4310.100 Personal Services

+$62,598 4310.435 Professional Fees

VOTE: Passed 8-0.

RESOLUTION NO. 423 Motion by Bingell, Second by Larison.

RE: AUTHORIZE CONTRACT RENEWAL WITH ALL-MODE COMMUNICATIONS – BUILDINGS AND GROUNDS

WHEREAS, All Mode Communications provides technical support and warranty replacement guarantees for Schuyler Counties telephone systems, and

WHEREAS, Schuyler County has purchased additional line port cards, which shall be placed under warranty.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a renewal contract with All Mode Communications for the term January 1, 2004 through December 31, 2004 for support of the county telephone system at an increase of $20.50 per month, funding available in account no. 1620.400; subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 424 Motion by Bingell, Second by Larison.

RE: AUTHORIZE LEASE AGREEMENT WITH WATERSHED/PUBLIC HEALTH – BUILDINGS AND GROUNDS

WHEREAS, the Watershed office occupies 516 square feet of space at the Rural Urban Center, Suite 305 and

WHEREAS, the annual rent will be $9.00 per square feet; to be paid in quarterly payments of $1,161.00.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with Schuyler County Public Health for rental of the Rural Urban Center, Suite 305, said lease to run from January 1, 2004 through December 31, 2004, subject to approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 425 Motion by Larison, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS FOR NAVIGATION – SHERIFF’S DEPARTMENT

WHEREAS, additional funds are needed by the Sheriff’s Department Navigation Unit due to multiple drowning incidents and other water-related incidents, and needed repairs to one of the Sheriff’s patrol boats.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $2,000 from account no. 3111.101-Navigation Personal Services Overtime and $2,000 from account no. 3111.102-Navigation Personal Services Part-Time to account no. 3111.400-Navigation for repairs and other expenses.

VOTE: Passed 8-0.

RESOLUTION NO. 426 Motion by Larison, Second by Bingell.

RE: DESIGNATION OF THE COMMUNICATIONS CENTER AS THE COUNTY’S PUBLIC SAFETY ANSWERING POINT

WHEREAS, the Schuyler County E911 Communications Center operated by the Schuyler County Sheriff and Coordinator of Emergency Management has been receiving emergency calls for several years, and

WHEREAS, funding is now available through the State 911 Board for certain expenses that are related to the operation of the 911 center, and

WHEREAS, it is necessary for the County of Schuyler to designate a Public Safety Answering Point in order to receive said funding.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby designates the Schuyler County 911 Center as the official Public Safety Answering Point for Schuyler County. All 911 service calls are to be directed to the Public Service Answering Point, both regular 911 calls and wireless 911 calls, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be provided to the Schuyler County Sheriff for forwarding to the New York State 911 Board.

VOTE: Passed 8-0.

RESOLUTION NO. 427A Motion by Bleiler, Second by Karius.

RE: MOTION TO AMEND RESOLUTION NO. 427

BE IT RESOLVED, that the first “Whereas” is to read as follows with the additional wording in bold text:

“WHEREAS, the District Attorney’s Office has received a written commitment from Senator John R. Kuhl, Jr. of $16,000 to study and create a plan to renovate the second floor of the District Attorney’s Office building in order to house additional staff, and”

DISCUSSION: Legislator Young feels it should say, “to study and create a plan to renovate.”

VOTE: Passed 8-0.

RESOLUTION NO. 427 Motion by Larison, Second by Bingell.

RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS FOR ARCHITECTURAL SERVICES FOR THE DISTRICT ATTORNEY’S OFFICE SPACE – BUILDINGS AND GROUNDS – AS AMENDED

WHEREAS, the District Attorney’s Office has received a written commitment from Senator John R. Kuhl, Jr. of $16,000 to study and create a plan to renovate the second floor of the District Attorney’s Office building in order to house additional staff, and

WHEREAS, the District Attorney is desperately in need of additional office space, and

WHEREAS, the current building that the District Attorney is housed in may be able to be redesigned to accommodate this need.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents with Hunt Engineers for design work for the above mentioned in an amount not to exceed $4,400 for professional services and not to exceed $600 for reimbursable expenses, funding available in Buildings and Grounds account no. 1620.435-Professional Fees and Services; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 428 Motion by Larison, Second by Bingell.

RE: AUTHORIZE GRANT APPLICATION FOR WIRELESS E-911 SERVICES – EMERGENCY MANAGEMENT

WHEREAS, the Department of State has offered counties money for the Local Enhanced Wireless 911 Grant Program, and for reimbursement of prior year costs incurred between January 1, 1993 and December 31, 2001, and

WHEREAS, Schuyler County’s portion is in the amount of $1,186 and the amount for State Fiscal Years 2003-2006 is $10,675, and

WHEREAS, the Emergency Management Office wishes to apply for said funds.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the Local Enhanced Wireless E-911 Grant; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 8-0.

RESOLUTION NO. 429 Motion by Larison, Second by Bingell.

RE: AUTHORIZE RATE RENEWAL WITH BLUE CROSS/BLUESHIELD OF CENTRAL NEW YORK FOR HEALTH INSURANCE FOR THE YEAR 2004

BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a premium rate renewal agreement with Blue Cross/Blue Shield of Central New York for health insurance coverage for county employee groups for the term of January 1, 2004 through December 31, 2004, with rates per month as follows, subject to the approval of the Schuyler County Attorney:

Schuyler County Plans 1440500, 1440501, 1440502

(Admin. Unit - Rx $7/$20)

Family $1014.09 Individual $397.68

Schuyler County Plans 1440503, 1440504, 1440505

(Mgmt./Elected/Municipals/Sheriff) - Rx $5/$15/$50)

Family $999.89 Individual $392.11

Schuyler County Plans 1440506, 1440507, 1440508

(Hwy. Unit - Rx $2/$10)

Family $1027.58 Individual $402.97

VOTE: Passed 8-0.

RESOLUTION NO. 430 Motion by Larison, Second by Bingell.

RE: AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR 2004

BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a premium rate renewal agreement with GHI for dental insurance coverage for county employee groups for the term of January 1, 2004 through December 31, 2004, with rates per month as follows, subject to the approval of the Schuyler County Attorney:

Schuyler County Dental Plan DT 4790

Family $56.03 Mo. Individual $16.01 Mo.

(No Increase) (No Increase)

VOTE: Passed 8-0.

RESOLUTION NO. 431 Motion by Larison, Second by Bingell.

RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 2003 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2004

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4 of the year 2003 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and

BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on December 8, 2003 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 4 OF THE YEAR 2003

A Local Law Setting Salaries for Certain Public Officers for the Year 2004.

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, 2004.

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

Personnel Officer $36,066

Deputy County Clerk $29,828

Assistant District Attorney $58,531

Assistant District Attorney $20,560

Conf. Sec’y. to District Attorney $30,813

Commissioner of Social Services $55,698

County Highway Superintendent $49,757

Deputy County Highway Supt. $44,187

Undersheriff $45,004

Real Property Tax Director $45,754

Deputy Comm. Of Board of Elections $22,500

Deputy Comm. Of Board of Elections $24,166

Board of Election Commissioner $3,500

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.

RESOLUTION NO. 432 Motion by Bleiler, Second by Larison.

RE: LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2003 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 4% - FAILED

WHEREAS, a proposed Local Law amending Local Law No. 2 of 1988 to increase the Room Tax from 2% to 4% was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held November 10, 2003 at 7:30 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. 5/Local Law No. 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. 5/Local Law No. of the Year 2003, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2003

Local Law No. 2 of the year 1988 is hereby amended as follows:

2. IMPOSITION OF TAX

All provisions of Local Law No. 2 of the year 1988 not amended hereby shall remain in full force and effect.

This Local Law shall take effect upon filing in the office of the Secretary of State as provided by the Municipal Home Rule Law.

DISCUSSION: Legislator Larison feels the Legislature should listen to its constituents. He will not support the resolution. Legislator Yuhasz said the Management and Finance Committee and the Legislature have been working extremely hard to keep taxes down for all the property owners. He understands and sympathizes with the concerns of the lodging business owners. The Legislature is doing things to keep costs down, such as the hiring freeze. He feels everyone has to share the burden somehow. Legislator Bleiler asked for a breakdown from the three counties in the Finger Lakes Wine Country program. Michael Horton, the President of the Chamber of Commerce, stated that Schuyler County pays $30,000, Steuben County pays $110,000, and Chemung County pays $110.000. Then there is $37,500 contributed by Yates County, and Corning Incorporated matches $250,000. Legislator Bleiler said the county is trying to use the revenue that they receive to offset expenses, but it just did not do it. They still have to raise property taxes 5%. Our farmers work every day all year long, and they are struggling terribly. The real problem as he sees it, is the State of New York. The Legislature is looking at every possible avenue, and he feels they have no choice but to increase the room tax. The legislators serve all of the people of Schuyler County. While Chemung County is looking at a 14% increase, they are still only at $7 per $1,000 for taxes. Schuyler County has been at over $10 per $1,000 for years. Legislator Young said she really does not think that tourists care what they pay in taxes. Legislator Bingell said there are professionals in the field here tonight to give us their opinion. She thinks they need to re-think this issue. Legislator Bleiler said they did ask the Department Heads to go back and give more and not too many could meet that request. Legislator Bingell feels they should look at the projection they have on sales tax revenue again. Legislator Bleiler feels that the proposed increase in sales tax revenue for next year of almost one million dollars is not conservative. Legislator Larison called for the question.

VOTE: Failed 4-4. Noes: Larison, Bingell, Yuhasz, Karius.

RESOLUTION NO. 433 Motion by Larison, Second by Bingell.

RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2004

WHEREAS, a public hearing in respect to the 2004 County Budget is required pursuant to County Law Section 359.

NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2004 County Budget be held in the Court Room on the second floor of the Court House, 105 Ninth Street, Watkins Glen, NY on Thursday, December 4 at 6:30 p.m., and

BE IT FURTHER RESOLVED, pursuant to County Law Section 152 that this resolution shall not be effective unless approved by the affirmative vote of at least three-fourths of the total membership of the County Legislature, and

BE IT FURTHER RESOLVED, upon approval of this resolution, the Clerk of the Legislature shall give appropriate public notice of said hearing, provide at least one hundred copies of the tentative budget, and otherwise comply with the requirements of County Law Section 359.

VOTE: Passed 8-0.

RESOLUTION NO. 434 Motion by Larison, Second by Bingell.

RE: SET DATES FOR SPECIAL MEETINGS OF THE LEGISLATURE

WHEREAS, any alterations to the tentative budget must be by resolution following the deadline for the Management and Finance Committee report.

NOW, THEREFORE, BE IT RESOLVED, that Special Meetings of the Schuyler County Legislature will be held following Legislative Committee Budget Workshops scheduled for Wednesday, November 19, 2003 at 1:00 p.m., in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY for the following item of business:

1. Allow alterations to the tentative budget for 2004, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature be hereby directed to publish appropriate notice of said Special Meeting in the legal newspaper.

VOTE: Passed 8-0.

RESOLUTION NO. 435 Motion by Bingell, Second by Karius.

RE: HALF-DAY HOLIDAY ADOPTED FOR ALL COUNTY EMPLOYEES

WHEREAS, the Schuyler County Legislature wishes to extend a one-half day holiday to its employees, and

WHEREAS, per County Law certain county offices are required to remain open except on other than legally designated holidays.

NOW, THEREFORE, BE IT RESOLVED, that Department Heads may arrange for their employees to take a half-day holiday on either December 24 or December 31, 2003; the schedule to be determined by the Department Head so as to allow County business to operate without interruption.

VOTE: Passed 8-0.

RESOLUTION NO. 436 Motion by Bingell, Second by Karius.

RE: AUTHORIZE PURCHASE OF MORTGAGE TAX BOOK – COUNTY CLERK

WHEREAS, the County Clerk’s Office is in need of a new Mortgage Tax Recording book in the amount of $565 plus shipping.

NOW, THEREFORE, BE IT RESOLVED, that the County Clerk’s Office be hereby authorized to purchase said Mortgage Tax Recording Book, the expense to be reimbursed by the State Mortgage Tax Department.

VOTE: Passed 8-0.

RESOLUTION NO. 437 Motion by Bingell, Second by Karius.

RE: AUTHORIZE ADVERTISEMENT TO FILL FULL-TIME PUBLIC DEFENDER POSITION

WHEREAS, the Public Defender has submitted notice of his retirement effective December 31, 2003, and

WHEREAS, it is the recommendation of the Public Safety & Criminal Justice Committee that the county immediately advertise and fill this pending vacancy.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature direct the immediate advertisement for a full-time position of Public Defender at a salary of $70,000.

VOTE: Passed 8-0.

RESOLUTION NO. 438 Motion by Larison, Second by Young.

RE: AUTHORIZE ESTABLISHMENT OF AND FUNDING FOR A SESQUICENTENNIAL COMMITTEE

WHEREAS, Schuyler County will be celebrating 150 years of existence in the year 2004, and

WHEREAS, the Legislative Chairman wishes to establish a Sesquicentennial Committee to make all plans for said celebration, and

WHEREAS, the Management and Finance Committee wishes to fund a line item to promote and celebrate this event, and

WHEREAS, there are anticipated revenues to come from this celebration in an estimated amount of $2,000.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approve the Chairman’s creation of and appointment to a Sesquicentennial Committee, as follows:

Delmar Bleiler Bill Elkins

Nancy Peters John Potter

Dennis Morris Glenda Gephart

Barbara Bell Michael Horton, and

BE IT FURTHER RESOLVED, commits $4,000 to be paid to the Sesquicentennial Committee for Schuyler County, to be appropriated in the 2004 budget with the understanding that said Committee will return to the county $2,000 in anticipated revenue.

VOTE: Passed 8-0.

RESOLUTION NO. 439 Motion by Larison, Second by Young.

RE: AUTHORIZE REVISION OF COUNTY HIRING DIRECTIVE

WHEREAS, the Management and Finance Committee recommends that filling of all vacancies shall be approved by the Legislature until further notice.

NOW, THEREFORE, BE IT RESOLVED, that any vacancy that occurs must be by Resolution of this Legislature through the committee of jurisdiction in accordance with Rule 22 or individual sponsorship, and

BE IT FURTHER RESOLVED, that this Resolution shall exclude any position which as of this date has already been approved under the previous hiring directive, and

BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately and shall continue in full force and effect until further notice.

DISCUSSION: Legislator Larison feels this usurps the standing committee’s authority and will delay needed authorization to fill. The committees are more familiar with the needs of their respective departments. He does not see how a group of eight is going to improve the daily operations of the county. If a study is needed, then do a study of every position. It is incumbent upon the Department Heads to bring us what they believe is best. Legislator Bleiler feels it is prudent that all of the legislators have the opportunity to vote on any position this coming year. The State budget year for 2004-05 is unknown and he feels the entire board should be involved with financial decisions. He feels they can get together as necessary to fill positions as needed. Legislator Young said the buck stops here and she is concerned with the county budget.

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

RESOLUTION NO. 440A Motion by Larison, Second by Young.

RE: MOTION TO TABLE RESOLUTION NO. 440

BE IT RESOLVED, that Resolution No. 440 be tabled.

DISCUSSION: Legislator Young said she has had some dialogue with the County Attorney and the Sheriff on this issue. She asked if not this resolution, then what? She wondered where we, the people of today, are willing to draw the line? She said for the record, “This country was born of a Revolution against a world power, England. This country has survived a Civil War caused by an incomplete acknowledgement of the rights of all people in the original Bill of Rights. This country has survived two World Wars against tyranny. Our Rights were damaged but not destroyed by WWII and by the Fears engendered by the Cold War and the Joe McCarthy era. We are supposedly sacrificing the lives of our young people again today to allow the Land of Iraq to have Constitutional Law. Why in God's Name would we destroy our own Constitution and our own Bill of Rights while doing this? If this Board refuses to pass this Resolution drawing the line in the sand for the Freedom of our Citizens, then what Resolution will you pass? She knows well enough that one has to have the courage to act. To not turn your head and pretend the knock at your neighbor's door in the night does not concern you is beneath you. If you will not act on this resolution in a positive way, we will try again next month, and the month after and the month after that. Liberty requires eternal vigilance and we are the elected watchdogs of this Democratic Republic. If the watchdogs sleep, then the people must wake them.” Legislator Larison feels they cannot ask the Sheriff to not uphold the law, therefore he cannot support this resolution. Legislator Slusser said he cannot support this resolution because it asks our Congressional delegation to take action and he does not know what that means. He also agrees with Legislator Larison, where would they be if the Sheriff’s Department did not uphold the law. Legislator Bleiler said it bothers him that some authority can go into his home, or his children’s home, and take away a person without any warning or explanation and detain them and interrogate them without any right to call anyone. If a person reads a certain type of books, or attends a certain church, they can hold them or others in detention because of that. He believes the Patriot Act is wrong and they should stand up against it. Legislator Bingell agrees with civil liberties and rights, but has a problem with asking the Sheriff’s Department to break the law. She feels it is wrong to hold a person without giving them their constitutional rights. Legislator Young suggested that all eight of them come up with a resolution that they all can live with. She feels they must take a stand, though. Attorney Coleman suggested that if this is tabled, he will write a new resolution and include all the essential elements and eliminate the two sticking points. He can sympathize and try to come up with a resolution to please everyone.

VOTE: Passed 8-0.

RESOLUTION NO. 440

RE: A RESOLUTION REGARDING THE USA PATRIOT ACT II AND THE PROTECTION OF CIVIL RIGHTS AND LIBERTIES - TABLED

WHEREAS, Schuyler County has a long and distinguished history of protecting and expanding the civil rights and civil liberties of its residents, and

WHEREAS, the Legislature of Schuyler County is committed to upholding the human rights of all persons in this county and their free exercise and enjoyment of any and all rights and privileges secured by our constitutions, the Bill of Rights, and the Laws of the United States, the State of New York, and the County of Schuyler; and

WHEREAS, several actions recently taken by the federal government, including the adoption of sections of the USA Patriot Act II and several Executive Orders now threaten these fundamental rights and liberties, including: freedom of speech, religion, assembly and privacy; the right to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures, all of which are guaranteed by the Constitutions of New York and the United States

NOW, THEREFORE BE IT RESOLVED, by the Schuyler County Legislature acting in the spirit of the history of our community, hereby calls upon its Congressional representatives to take action to preserve residents' freedom of speech, religion, assembly and privacy; the right to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures, even if requested or authorized to infringe upon these rights by federal law enforcement acting under new powers granted by the USA Patriot Act II or Orders of the Executive Branch. We further request our Congressional representatives to ensure that any federal or state law enforcement officials acting within Schuyler County work in accordance with the policies and procedures of the Schuyler County Sheriff's Department and in cooperation with the Department, and not engage in or permit detentions without charges, and not permit racial profiling, and to regularly and publicly report to the County Legislature the extent and manner in which they have acted under the Patriot Act II or the new Executive Orders, including the names of any detainees held in the region or any Schuyler County residents detained elsewhere, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature be directed to send a certified copy of this resolution to Congressman Amory Houghton, Jr., U.S. Senators Hillary R. Clinton and Charles E. Shumer, NYS Assemblyman George Winner and NYS Senator John R. Kuhl, Jr.

RESOLUTION NO. 441 Motion by Larison, Second by Young.

RE: AUTHORIZE CREATION OF CRIME VICTIM SERVICES COORDINATOR POSITION – DISTRICT ATTORNEY’S OFFICE

WHEREAS, as a result of an increase in violent crimes in Schuyler County there is currently a need for a Crime Victim Services Coordinator to escort victims of these crimes to court, educate them about services available to them and assist them with restitution issues, and

WHEREAS, the New York State Division of Criminal Justice Services has approved a Crime Victims Board Grant for Schuyler County to create a position for a part-time coordinator to assist victims in many ways following the criminal behavior that victimized them, and to ensure that victims become acquainted with services available to them.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the creation of a Crime Victim Services Coordinator position in the District Attorney’s Office, Competitive Classification, Grade XXI, 2003 hourly rate of $14.28, to work 19 hours per week, effective immediately. It is understood said position will terminate upon cessation of grant funds.

VOTE: Passed 8-0.

RESOLUTION NO. 442 Motion by Larison, Second by Karius.

RE: AUTHORIZE TWO (2) RESOLUTIONS BE BROUGHT TO THE FLOOR

BE IT RESOLVED, that two (2) resolutions be brought to the floor.

VOTE: Passed 8-0.

RESOLUTION NO. 443 Motion by Bingell, Second by Larison.

RE: AMEND THE 2003 COUNTY ROAD AND MACHINERY FUND BUDGETS – HIGHWAY

WHEREAS, the Highway Department has received notice that FEMA and FHWA funds have been appropriated for the Highway Department for the July 2003 flood damage to county roads and bridges.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the County Road and Machinery budgets, as follows:

COUNTY ROAD

APPROPRIATIONS

AMOUNT ACCOUNT NO. DESCRIPTION

+ 15,311.56 5110.512 LIMESTONE

+ 46,037.17 5120.400 CONTRACTUAL

+ 147,379.66 5120.342 CR 16 BRIDGE

+ 208,728.39

REVENUES

+ 8,473.59 0002-3960 FEMA

+ 52,875.14 0002-4960 FEMA

+ 147,379.66 0002-4960 FHWA

208,728.39

MACHINERY

APPROPRIATIONS

+ 19,004.54 5130.526 FUEL

REVENUES

+ 16,379.60 0003-4960 FEMA

+ 2,624.94 0003-3960 FEMA

VOTE: Passed 8-0.

RESOLUTION NO. 444 Motion by Bingell, Second by Larison.

RE: SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE”

WHEREAS, a Motion for final Judgment of Foreclosure in the pending tax foreclosure proceeding has been filed by the County Attorney’s Office pursuant to Article 11 of the Real Property Tax Law, and

WHEREAS, issuance of said Judgment is expected forthwith, and

WHEREAS, it is necessary to set a tax auction sale date well in advance thereof, and

WHEREAS, the Schuyler County Treasurer is the enforcing officer responsible for carrying out a foreclosure sale.

BE IT FURTHER RESOLVED, that said a Notice of Vacate be sent by registered mail to the most recent owners of record as shown in the property description.

VOTE: Passed 8-0.

NEW BUSINESS: None.

UNFINISHED BUSINESS: Motion by Slusser, Second by Larison to move Resolution No. 360 off the table from the September 8, 2003 Regular Meeting.

RESOLUTION NO. 360

VOTE: Passed 8-0.

REPORT ON STANDING COMMITTEES: None.

PUBLIC PARTICIPATION:

Arnie Bagchi encouraged further consideration and consensus of the tabled resolution on the Patriot Act.

The Meeting adjourned at 8:58 P.M.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

SPECIAL MEETING

NOVEMBER 19, 2003

The November 19, 2003 Special Meeting of the Schuyler County Legislature was called to order at 1:00 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Slusser and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION:

Michael Horton spoke on behalf of the Chamber of Commerce. They are the county’s designated Tourist Promotion Agency (TPA), and they are requesting that the Chamber’s $55,000 in appropriations be returned to the 2004 tentative budget.

Margaret Cook presented a folder to the legislators relative to the Finger Lakes Wine Country Program.

Chris Stamp from Lakewood Vineyards spoke in support of the Chamber receiving their funds.

Mark Simiele from Captain Bills said he serves on the Chamber of Commerce Board. The direct impact of not funding the Chamber is evident. The non-direct impact is on businesses, such as retail businesses. He encouraged the Legislature to fund the Chamber for 2004 to help businesses keep a competitive edge.

Jim Franzese said he is here to support the Chamber of Commerce and Finger Lakes Wine Country for their funding.

Dennis Fagan, Legislator Elect, said he understands the concept of saving taxpayers by doubling room tax, however he feels it will have an impact on lodging. The funds are used only for tourist promotion. The lodging owners already pay their fair share. It is doubtful that more brochures will help when the Internet is being used. He feels the Legislature will have more say on how the money is used by giving the Chamber their requested appropriation of $55,000. He made suggestions for alternate reductions in the budget, noting that he is not well-trained on that aspect of the new job yet, and he clearly feels the Legislature should look into an entertainment tax as suggested by Legislator Young.

RESOLUTION NO. 445 Motion by Young, Second by Karius.

RE: RATIFICATION OF SPECIAL MEETING

2. Set Public Hearing on the Completion and Filing of the Waneta/Lamoka Lakes Rehabilitation Districts.

3. Authorize Filling a Heavy Equipment Operator position – Highway Department

4. Authorize Transfer of Funds from Maintenance of Roads to Administration – Highway Department

5. Authorize Transfer of Funds from Contingency to Community Colleges, Coroner, and Justice of the Peace

6. Authorize Filling the Mobile Work Crew Supervisor position – Social Services

7. Allow Alterations to the Tentative Budget for 2004.

VOTE: Passed 7-0.

RESOLUTION NO. 446 Motion by Larison, Second by Bingell.

RE: SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT

BE IT RESOLVED, that the Public Hearing on the Assessment Roll for the year 2003, for the budget year of 2004, for the Lamoka/Waneta Lakes Protection and Rehabilitation District shall be held on the 8^th day of December, 2003 at 7:15 P.M. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY and the Clerk of the Legislature is hereby authorized and directed to publish the Notice of Public Hearing as required by Section 270 of the County Law in the official newspaper of the County, and the Clerk is further directed to forward a certified copy of this resolution to the Attorney for the Lamoka/Waneta Lakes Protection and Rehabilitation District, A. Thomas Galloway II, Esq., Orrick, Herrington & Sutcliffe, LLP, Fifth Avenue, New York, NY 10103: Christine Kane, Clerk, Steuben County Legislature; the Director of Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer.

VOTE: Passed 7-0.

RESOLUTION NO. 447 Motion by Larison, Second by Bingell.

RE: AUTHORIZATION TO FILL VACANT HEAVY EQUIPMENT OPERATOR POSITION-HIGHWAY

WHEREAS, the Highway Superintendent was recently notified of the retirement of a current Heavy Equipment Operator, and

WHEREAS, another Heavy Equipment Operator is off on Workers Compensation, and

WHEREAS, the three (3) Seasonal Laborers and one (1) Seasonal Motor Equipment Operator will be leaving the Highway Department because their six months employment is up on December 2, 2003, and

WHEREAS, Resolution No. 439-03 requires a full board Resolution to fill any and all vacancies that occur, and

WHEREAS, the Highway Superintendent recommends that it would be in the best interest of the Highway Department to fill this vacancy because any further cuts in this department would be detrimental to the effective and efficient snow removal process.

NOW, THEREFORE, BE IT RESOLVED that the Highway Superintendent be authorized to fill the vacant Heavy Equipment Operators position and fill any subsequent vacancy created by promotion within the department.

VOTE: Passed 7-0.

RESOLUTION NO. 448 Motion by Larison, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS FROM MAINTENANCE OF ROADS TO ADMINISTRATION – HIGHWAY DEPARTMENT

WHEREAS, there is an immediate need to replace the current server used by the Highway Department due to constant breakdowns, and

WHEREAS, the Director of Information Technology has recommended the immediate replacement of this machine, and

WHEREAS, there are sufficient funds in the Asphalt account no. 5110.511, which can be used for this purchase.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $3,500.00 from the Asphalt account no. 5110.511 to the Administration Computer account no. 5010.208.

VOTE: Passed 7-0.

RESOLUTION NO. 449 Motion by Larison, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO COMMUNITY COLLEGES, CORONER AND JUSTICE OF THE PEACE

WHEREAS, line items in the Community Colleges, Coroner, and Justice of the Peace 2003 budgets are over-expended as of the November audit.

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

AMOUNT ACCOUNT NO. DESCRIPTION

+$84,241.00 2490.400 Community College Tuition

+$12,188.00 1185.400 Coroner-Contractual Expenses

+$ 422.00 1185.409 Coroner-Conference

+$ 390.00 1180.400 Justice of the Peace

+$97,241.00 TOTAL

VOTE: Passed 7-0.

RESOLUTION NO. 450A Motion by Karius, Second by Young.

RE: MOTION TO TABLE RESOLUTION NOS. 450 AND 451

BE IT RESOLVED, that Resolution Nos. 450 and 451 be tabled until the Commissioner of Social Services can attend the meeting to answer questions.

VOTE: Passed 7-0.

RESOLUTION NO. 450 Motion by Larison, Second by Bingell to bring Resolution No. 450 off the table.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SOCIAL SERVICES - FAILED

WHEREAS, the Human Services Committee has recommended that the Mobile Work Crew Supervisor position be funded in the 2004 budget.

NOW, THEREFORE, BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

+$24,754 6010.100 Personal Services

+$ 2,847 9010.801 Retirement

+$ 1,894 9030.802 FICA

+$ 1,408 1910.419 Worker’s Comp.

+$ 113 9055.806 Disability

+$10,709 9060.807 Health Insurance

+$ 592 9060.807 Dental Insurance

+$42,317 TOTAL Appropriations

+$15,000 6010-4610 Federal Aid - Administration

+$ 8,300 6010-3610 State Aid - Administration

+$23,300 TOTAL Revenues

+$19,017 TOTAL Local Share

DISCUSSION: Bill Weiss, Commissioner of Social Services, explained that there probably would not be any savings in the first year of this program, but he hopes to see decreased caseload numbers for Safety Net the second year. He is not sure what effect it will have on the local share. Possibly by the third year, they could see financial savings. Legislator Bleiler said he has to see savings down the road in order to support this. Legislator Young asked Bill why he thought there would be a decrease the second year in Safety Net? Bill said this program is a deterrent to people to stay on public assistance. He encouraged the Legislature to try this program and see if there is a drop in the caseload. Legislator Young asked how many Safety Net clients are single mothers without transportation? Bill said those clients would not qualify for the program, there are exemptions to the requirements. He then gave some caseload statistics and noted that the numbers are consistently going up. The Mobile Work Crew is supposed to motivate clients to better themselves and find jobs. He feels it is worth a $20,000 local share effort. He suggested reducing Safety Net for a total $10,000 local share savings. There was no motion for that change.

VOTE: Failed 4-3. Noes: Karius, Bleiler, Gifford.

RESOLUTION NO. 451 Motion by Larison, Second by Bingell to bring Resolution No. 451 off the table.

RE: AUTHORIZE FILLING THE MOBILE WORK CREW SUPERVISOR POSITION – SOCIAL SERVICES - FAILED

WHEREAS, the Department of Social Services has had a vacant Mobile Work Crew Supervisor position since September 1, 2001, which requires legislative approval to fill.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Commissioner of Social Services to fill the Mobile Work Crew Supervisor position, Grade 16, $11.81, in the Department of Social Services, effective January 1, 2004; funding is available in the year 2004 budget account no. 6010.100.

DISCUSSION: Legislator Bleiler stated that in Human Services Committee the committee asked the Commissioner if this program could pay for itself. He gave the legislators two handouts explaining a number of things, including the bottom line cost of $19,017 in local share. Legislator Bleiler said he will not support this. Legislator Bingell feels the projected savings in Safety Net caseload will justify this cost. They already have a van for the program, all they need is a person to run it. Legislator Bleiler said he is not certain about any savings, and the bottom line is they would be increasing the 2004 tentative budget by at least $10,000. The Treasurer informed them that Safety Net is only 50% reimbursable.

VOTE: Failed 4-3. Noes: Karius, Bleiler, Gifford.

RESOLUTION NO. 452 Motion by Larison, Second by Young.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – FINGER LAKES WINE COUNTRY

BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

+15,000 6410.311 Finger Lakes Wine Country

DISCUSSION: Legislator Bleiler said originally he wanted to take this line item out of the budget. There are no means of paying for it, but he now feels it is essential for promoting tourism. Legislator Slusser said he will not support this Resolution. If the tourism agency will not support raising funds for it, then the taxpayers should not have to. Legislator Young feels they need to fire up the tourism engine and find creative funding mechanisms, which will take time. She was delighted to hear Mr. Fagan’s alternatives for the budget. She welcomed him aboard. Legislator Bleiler feels the same way as Legislator Slusser, but he also feels these two items by themselves warrant being in the budget. He does not support them coming out of property tax. Putting this in the budget is all they are voting on today. Legislator Slusser reconsidered stating he will support the Finger Lakes Wine Country funding because it is leveraged. Michael Horton said there is also leverage with the Chamber of Commerce. They, too, have matching grants. Each county in the State of New York is eligible for matching funds. He explained the tourist promotion agency designation to the legislators. He then explained how the $55,000 is used as well as all of the Chamber’s other funds. Membership funds are spent on mixers and small fundraisers, operating expenses, staff, gas bill, electric bill, etc. Mark Simiele said there are not too many opportunities for a return investment. Margaret Cook stated that they both have to be strong for tourism to work. She gave some statistics. She pleaded to the legislators to not weaken the Chamber.

VOTE: Passed 7-0.

RESOLUTION NO. 453 Motion by Bleiler, Second by Young.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SOCIAL SERVICES

BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

+1,470 6010.332 HEAP Administration

+1,470 6010-4610 Federal Aid - Administration

VOTE: Passed 7-0.

RESOLUTION NO. 454 Motion by Larison, Second by Young.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – CHAMBER OF COMMERCE

BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

+$55,000 6410.558 Chamber of Commerce

VOTE: Passed 6-1. No: Slusser.

RESOLUTION NO. 455 Motion by Bleiler, Second by Slusser.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – PUBLIC DEFENDER

BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

-$18,055 Various Fringe Benefits

-$35,000 1170.100 Personal Services

+$30,000 1170.437 Secretarial Services

DISCUSSION: Attorney Coleman informed the legislators that the Public Defender’s budget could be modified to save money by removing $5,000 from the Personal Services account, move the secretarial services from Personal Services to Professional Fees and Services and reduce fringes accordingly.

VOTE: Passed 5-2. Noes: Bingell, Larison.

RESOLUTION NO. 456 Motion by Slusser, Second by Bingell.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – CONTINGENCY

BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

-$100,000 1990.500 Contingency

DISCUSSION: Legislator Slusser felt $100,000 could be reduced from the 2004 Contingency account budget. Legislator Bleiler discussed the difference between fund balance and contingency, and feels they are really talking about a change in property tax. He still feels they should increase the room tax. When they raised sales tax, it did not discourage consumers, but increased our sales and revenue. He feels they should look outside of taxing their own residents. Legislator Slusser feels they should use this $100,000 proposed reduction to offset what they just put back in the 2004 tentative budget. Legislator Bleiler feels that when the taxpayers find out they are raising property tax by 5% and not raising the room tax, they will be upset.

VOTE: Passed 5-2. Noes: Bleiler, Gifford.

MOTION by Legislator Bleiler, to support the concept, proceed with the development of a Resolution and follow up with a local law to establish a vehicle use tax, SECOND by Legislator Slusser. The Legislature discussed exemptions such as agricultural and farmland vehicles. Legislator Young feels the tax should be put on such items as all terrain vehicles. Linda Compton, County Clerk, said $5 added to every passenger and commercial vehicle would bring in an annual income of approximately $70,000. There is also a schedule of fees that needs to be considered. Attorney Coleman added that this requires some careful consideration. Linda Compton noted that this is a new tax, and suggested that the Legislature consider dedicating the new revenue for the Highway Department or County Clerk’s Office. Attorney Coleman strongly recommended this tax be implemented through a Local Law. It gives him firmer position if he has to defend it in court and any subsequent legislative meeting can overturn a resolution with a resolution (or a local law with a local law). The state law actually provides that this could be submitted to a referendum if desired. Chairman Gifford asked if the Legislature could adopt a resolution, then follow it up with a Local Law later. Attorney Coleman responded affirmatively. Motion carried seven ayes to zero noes.

Legislator Young said she has researched the entertainment tax a little and found out they could do an exemption to the tax law to exempt the racetrack from the entertainment tax. In order to get the exemption, there would have be an agreement with the racetrack, which will not be easy to come by. The Assembly and Senate would also have to adopt special legislation to allow for this, which would then have to be signed by the Governor. After all that is accomplished, then this body would have to adopt a Local Law. This may be able to be done next year. She encouraged the Legislature to look at this, since she will not be here next year.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 2:55 P.M.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

SPECIAL MEETING

DECEMBER 1, 2003

The December 1, 2003 Special Meeting of the Schuyler County Legislature was called to order at 10:30 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. All Legislators were present except Legislators Yuhasz and Slusser who were excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION:

Angie Franzese asked if there would be any additions to the room tax revenues today. Chairman Gifford said there is nothing on the agenda today to increase the room tax.

RESOLUTION NO. 457 Motion by Larison, Second by Bingell.

RE: RATIFICATION OF SPECIAL MEETING

1. Local Law Intro. No. 6/Local Law No. of the Year 2003 Establishing a Schuyler County Motor Vehicle Use Tax.

2. Allow Alterations to the Tentative Budget for 2004.

3. Acknowledge Appointment and Set Salary for Human Resources Clerk

VOTE: Passed 6-0.

RESOLUTION NO. 458 Motion by Bingell, Second by Young.

RE: LOCAL LAW INTRO. NO. 6./LOCAL LAW NO. OF THE YEAR 2003 ESTABLISHING A SCHUYLER COUNTY MOTOR VEHICLE USE TAX

WHEREAS, the Schuyler County Legislature wishes to establish a Motor Vehicle Use Tax, and

WHEREAS, NYS Tax Law §1202(a) and 1201(e) provide for the establishment, imposition and collection of a motor vehicle use tax upon motor vehicles registered within a county, and

WHEREAS, the Schuyler County Legislature has determined that the imposition of such a tax would be in the best interests of the taxpayers in preference to raising other forms of local taxation, and

WHEREAS, the amount of the tax imposed would be very modest.

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 6/Local Law No. of the Year 2003 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and

BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on December 16, 2003 at 6:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY, and

BE IT FURTHER RESOLVED, as follows:

LOCAL LAW INTRO. NO. 6 OF THE YEAR 2003

SECTION 1: DEFINITIONS

(a) When used in this local law, the following terms shall have the following meanings:

Buses. The term “buses” shall have the same meaning as defined in Section 104 of the NYS Vehicle and Traffic Law, as amended.

Commissioner. Commissioner of Motor Vehicles of the State of New York or his or her successor in office.

County. Defined as the County of Schuyler.

County Attorney. County Attorney for Schuyler County or his or her successor in office.

County Clerk. County Clerk of Schuyler County or his or her successor in office.

County Treasurer. County Treasurer for Schuyler County or his or her successor in office.

Passenger motor vehicle. Any motor vehicle subject to the registration fee as provided for in Section 401, Subdivision 6 of the Vehicle and Traffic Law.

Sheriff. The Sheriff of Schuyler County or his or her successor in office.

Truck. The term truck shall have the same meaning as defined in Section 158 of the Vehicle and Traffic Law, as amended.

Any other term herein shall be defined by reference to the NYS Tax Law or NYS Vehicle & Traffic Law, as amended.

SECTION 2: IMPOSITION OF TAX

A motor vehicle use tax pursuant to Sections 1202(a) and 1201(e) of the NYS Tax Law is hereby imposed in the following manner:

(1) A tax of $5.00 per annum for the use of passenger motor vehicles of a type commonly used for noncommercial purposes owned by residents of the County for each such vehicle weighing 3,500 pounds or less and a tax of $10.00 per annum for such vehicles in excess of 3,500 pounds;

(2) A tax of $10.00 per annum for the use of trucks, buses and other such commercial vehicles used principally in connection with a business carried on within the County.

SECTION 3: EXEMPTIONS

The tax imposed by this local law shall not be imposed upon any vehicle exempt from the registration fee pursuant to the NYS Vehicle and Traffic Law; nor shall this tax be imposed on any vehicle with farm plates and agriculture plates (AGR). Any claimed exemption must be supported by a valid exemption certificate (UT-11C).

SECTION 4: PAYMENT OF TAX AND EVIDENCE OF TAX PAYMENT

(a) Every owner of a motor vehicle subject to tax hereunder shall pay the tax thereon to the Commissioner on or before the date upon which he or she registers or renews his or her registration thereof or is required to register or renew his or her registration thereof pursuant to Section 401 of the NYS Vehicle and Traffic Law.

(b) Notwithstanding the provisions of Section 400 of the NYS Vehicle and Traffic Law to the contrary, the payment of such tax shall be a condition precedent to the registration or renewal thereof of such motor vehicle and to the issuance of any certificate of registration and plates or removable tag specified in Subdivision 3 of Section 401 and Sections 403 and 404 of the NYS Vehicle and Traffic Law, and no such certificate of registration, plates or tag shall be issued unless such tax has been paid. The Commissioner shall not issue a registration certificate for any motor vehicle for which the registrant’s address is within the County except upon proof in a form approved by the Commissioner that such tax has been paid or is not due, with respect to such motor vehicle. The Commissioner, upon the application of any person exempt therefrom, shall furnish to each taxpayer paying the tax a receipt for such tax and to each such taxpayer or exempt person a statement, document or other form approved by the Commissioner, pursuant to the last sentence, showing that such tax has been paid or is not due, with respect to such motor vehicle.

SECTION 5: RETURNS

(a) At the time the payment of the tax imposed by this local law becomes due, every person subject to tax hereunder shall file a return with the Commissioner in such form and containing such information as may be prescribed by such Commissioner. The taxpayer’s application for registration or the renewal of registration shall constitute the return required under this local law, unless the Commissioner, by regulation, shall otherwise provide.

(b) Returns shall be preserved for three years and thereafter until the Commissioner permits them to be destroyed.

(c) The Commissioner may require amended returns or certificates of facts to be filed within 20 days after notice and to contain the information specified in the notice. Any such certificate shall be deemed to be part of the return required to be filed.

(d) If a return required by this local law is not filed or if a return when filed is incorrect or insufficient on its face, the Commissioner or the County Treasurer, if designated as his or her agent, shall take the necessary steps to enforce the filing of such a return or of a corrected return.

SECTION 6: DETERMINATION OF TAX

If a return required by this local law is not filed or if a return when filed is incorrect or insufficient or if a tax or any part thereof due hereunder be not paid when required, the amount of tax due shall be determined by the Commissioner or by the County Treasurer, if designated as his or her agent, from such information as may be obtainable, including motor vehicle registration with the NYS Department of Motor Vehicles and/or other factors. Notice of such determination shall be given to the person liable for the tax. Such determination shall finally and irrevocably fix the tax unless the person against whom it is assessed, within 30 days after the giving of notice of such determination, shall apply to the Commissioner or to the County Treasurer, if designated as his or her agent, for a hearing or unless such commissioner or agent, as the case may be, of his or her own motions shall re-determine the same. After such hearing, the Commissioner, if he or she holds the hearing, or the County Treasurer, if the County Treasurer holds the hearing, shall give notice of the determination of such application to the person against whom the tax is assessed. Such determination shall be reviewable for error, illegality or unconstitutionality or any other reason whatsoever by a proceeding under Article 78 of the Civil Practice Law and Rules if application therefor is made to the Supreme Court within four months after the giving of the notice of such determination. A proceeding under Article 78 of the Civil Practice Law and Rules shall not be instituted unless the amount of any tax sought to be reviewed, with penalties and interest thereon, if any, shall be first deposited with the Commissioner and there shall be filed with the Commissioner an undertaking, issued by a surety company authorized to transact business in this state and approved by the Superintendent of Insurance of this state as to solvency and responsibility in such amount as a Justice of the Supreme Court shall approve, to the effect that if such proceeding be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of the proceeding: or at the option of the applicant such undertaking filed with the Commissioner may be in a sum sufficient to cover the taxes, penalties and interest thereon stated in such determination, plus the costs and charges which may accrue against it in the prosecution of the proceeding in which event the applicant shall not be required to deposit such taxes, penalties and interest as a condition precedent to the application.

SECTION 7: REFUND OF CERTAIN UNUSED REGISTRATIONS

Whenever any fee or portion of a fee paid for the registration of a motor vehicle under the provisions of the NYS Vehicle and Traffic Law is refunded pursuant to the provisions of Subdivision 1 of Section 428 thereof, the amount of any tax paid pursuant to this local law upon such registration shall also be refunded by the Commissioner.

SECTION 8: REFUNDS

(a) In the manner provided in this section, the Commissioner shall refund or credit, without interest, any tax, penalty or interest erroneously, illegally or unconstitutionally collected or paid if application for such refund shall be made within one year from the payment thereof to the Commissioner or to the County Treasurer, if designated as his or her agent. Whenever a refund is made, the reasons therefor shall be stated, in writing, by the Commissioner or by the County Treasurer, as the case may be, who, in lieu of any refund, may allow credit therefor on payments due from the applicant.

(b) An application for a refund or credit made as herein provided shall be deemed an application for a revision of any tax, penalty or interest complained of and the Commissioner or the County Treasurer, if designated as his or her agent, shall hold a hearing and receive evidence with respect thereto. After such hearing, the Commissioner, if he or she holds the hearing, or the County Treasurer, if the County Treasurer holds the hearing, shall give notice of the determination of such application to the applicant who shall be entitled to review such determination by a proceeding pursuant to Article 78 of the Civil Practice Law and Rules, provided that such proceeding is instituted within four months after the giving of notice in such determination, and provided that a final determination of tax due was not previously made. Such a proceeding shall not be instituted unless an undertaking is filed with the Commissioner in such amount and with such sureties as a Justice of the Supreme Court shall approve, to the effect that if such proceeding be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding.

(c) A person shall not be entitled to a revision, refund or credit under this section of a tax, interest or penalty which has been determined to be due pursuant to the provisions of Section 6 of this local law where he or she had a hearing or an opportunity for a hearing, as provided in said section, or has failed to avail himself or herself of the remedies therein provided. No refund or credit shall be made of a tax, interest or penalty paid after a determination made pursuant to Section 6 of this local law, unless it be found that such determination was erroneous, illegal or unconstitutional or otherwise improper after a hearing or, on his or her own motion, by the Commissioner or by the County Treasurer, as the case may be, or in a proceeding under Article 78 of the Civil Practice Law and Rules, pursuant to the provisions of said section, in which event refund or credit without interest shall be made of the tax, interest or penalty found to have been overpaid.

SECTION 9: RESERVES

In cases where a taxpayer has applied for a refund and has instituted a proceeding under Article 78 of the Civil Practice Law and Rules to review a determination adverse to such taxpayer on his or her application for refund, the County Treasurer shall set up appropriate reserves to meet any decision adverse to the County.

SECTION 10: REMEDIES EXCLUSIVE

The remedies provided by Sections 6 and 8 of this local law shall be exclusive remedies available to any person for the review of tax liability imposed by this local law, and no determination or proposed determination of tax or determination on any application for refund shall be enjoined or reviewed by an action for declaratory judgment, an action for money had and received or by any action or proceeding other than a proceeding in the nature of a certiorari proceeding under Article 78 of the Civil Practice Law and Rules; provided, however, that a taxpayer may proceed by declaratory judgment if he or she institutes suit within 30 days after a deficiency assessment is made and pays the amount of the deficiency assessment to the Commissioner prior to the institution of such suit and posts a bond for costs as provided in Section 6 of this local law.

SECTION 11: PROCEEDING TO RECOVER TAX

(a) Whenever any person shall fail to pay any tax, penalty or interest imposed by this local law as herein provided, the County Attorney, upon the request of the Commissioner or of the County Treasurer, if designated as his or her agent, may bring or cause to be brought an action in accordance with the Laws of the County to enforce the payment of the same on behalf of the County in any court of the State of New York or of any other state of the United States. However, if in his or her discretion, the Commissioner or the County Treasurer, if designated as his or her agent, believes that any such person subject to the provisions of this local law is about to cease business, leave the state or remove or dissipate the assets out of which the tax or penalty might be satisfied and that any such tax or penalty will not be paid when due, he or she may declare such tax or penalty to be immediately due and payable and may issue a warrant immediately.

(b) As an additional or alternate remedy, the Commissioner or the County Treasurer, if designated as his or her agent, may issue a warrant, directed to the Sheriff commanding him or her to levy upon and sell the real and personal property of the person liable for the tax which may be found within the County for the payment of the amount thereof, with any penalty and interest, and the cost of executing the warrant, and to return such warrant to the person who issued it and to pay to him or her the money collected by virtue thereof within 60 days after the receipt of such warrant. The Sheriff shall within five days after the receipt of the warrant, file with the County Clerk a copy thereof, and thereupon such clerk shall enter in the judgment docket the name of the person mentioned in the warrant and the amount of the tax, penalty and interest for which the warrant is issued and the date when such copy is filed. Thereupon, the amount of such warrant so docketed shall become a lien upon the title to and the interest in real and personal property of the person against whom the warrant is issued. The Sheriff shall then proceed upon the warrant in the same manner, and with like effect as that provided by law in respect to executions issued against property upon judgments of a court of record, and for services in executing the warrant, such Sheriff shall be entitled to no fee or compensation in excess of the actual expenses paid in the performance of such duty. If a warrant is returned not satisfied in full, the Commissioner or the County Treasurer, as the case may be, may from time to time issue new warrants and shall also have the same remedies to enforce the amount due thereunder as if he or she had recovered judgment therefor and execution thereon had been returned unsatisfied.

SECTION 12: GENERAL POWERS OF THE COMMISSIONER

In addition to the powers granted to the Commissioner in this local law, he or she is hereby authorized and empowered:

(1) To make, adopt and amend rules and regulations appropriate to the carrying out of this local law;

(2) For cause shown, to remit penalties, and to compromise disputed claims in connection with the taxes hereby imposed;

(3) To request information concerning motor vehicles and persons subject to the provisions of this local law from the Department of Motor Vehicles of any other state or the Treasury Department of the United States or any city or county of the State of New York, and to afford such information to such other state, Treasury Department, city or county any provision of this local law to the contrary notwithstanding;

(4) To delegate his or her functions hereunder to a deputy commissioner in the Department of Motor Vehicles or any employee or employees of his or her department;

(5) To prescribe methods for determining the tax, to keep such records as he or she may prescribe, and to furnish such information upon his or her request;

(6) To require all persons owning motor vehicles subject to tax to keep such records as he or she may prescribe and to furnish such information upon his or her request;

(7) To request the Sheriff to assist in the enforcement of this local law.

SECTION 13: ADMINISTRATION OF OATHS AND COMPELLING TESTIMONY

(a) The Commissioner or his or her employees or agents duly designated and authorized by such commissioner shall have power to administer oaths and take affidavits in relation to any matter or proceeding in the exercise of the powers and duties under this local law. The Commissioner or the County Treasurer, if designated as his or her agent, shall have the power to subpoena and require the attendance of witnesses and the production of books, papers and documents to secure information pertinent to the performance of his or her duties hereunder and of the enforcement of this local law and to examine them in relation thereto and to issue commissions for the examination of witnesses who are out of the state or unable to attend before him or her or excused from attendance.

(b) A Justice of the Supreme Court, either in court or at chambers, shall have power summarily to enforce by proper proceedings the attendance and testimony of witnesses and production and examination of books, papers and documents called for by the subpoena of the Commissioner or the County Treasurer, if designated as his or her agent under this local law.

(c) The officers who serve the summons or subpoena of the Commissioner or the County Treasurer, if designated as his or her agent, and witnesses attending in response thereto shall be entitled to the same fees as are allowed to officers and witnesses in civil cases in courts of record, except as herein otherwise provided. Such officers shall be the County Treasurer and his or her duly appointed deputies or any officers or employees of the NYS Department of Motor Vehicles designated by the Commissioner to serve such process or any officers or employees of the Treasurer’s Office of the County designated by the County Treasurer to serve such process.

SECTION 14: PENALTIES AND INTEREST

(a) Any person failing to file a return or to pay any tax or any portion thereof within the time required by this local law shall be subject to a penalty of five times the amount of the tax due, plus interest of five percent of such tax for each month of delay or fraction thereof, but the Commissioner or the County Treasurer, if designated as his or her agent, if satisfied that the delay is excusable, may remit all or any part of such penalty, but not interest at the rate of six percent per year. Penalties and interest shall be paid and disposed of in the same manner as other revenues under this local law. Unpaid penalties and interest may be enforced in the same manner as the tax imposed by this local law.

(b) The certificate of the Commissioner or of the County Treasurer, if designated as his or her agent, to the effect that a tax has not been paid or that a return required by this local law has not been filed or that information has not been supplied pursuant to the provisions of this local law shall be presumptive evidence thereof.

SECTION 15: RETURNS TO BE SECRET

Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for the Commissioner, any officer or employee of the NYS Department of Motor Vehicles, the County Treasurer, any officer or employee of the Treasurer’s Office, any agent of the Commissioner or any person who, pursuant to this section, is permitted to inspect any return or to whom a copy, an abstract or portion of any return is furnished or to who any information contained in any return is furnished, to divulge or make known in any manner any information contained in or relating to any return provided for by this chapter. The officers charged with the custody of such returns shall not be required to produce any of them or evidence of anything contained in them in any action or proceeding in the court, except on behalf of the Commissioner or the County Treasurer in an action or proceeding under the provisions of this local law or on behalf of any party to an action or proceeding under the provisions of this local law when the returns or facts shown thereby are directly involved in such action or proceeding, in either of which events the court may require the production of and may admit in evidence so much of said returns or of the facts shown thereby as are pertinent to the action or proceeding and no more. The Commissioner or the County Treasurer, if designated as his or her agent, may, nevertheless, publish a copy or a summary of any determination or decision rendered after a formal hearing held pursuant to Sections 6 or 8 of this local law. Nothing herein shall be construed to prohibit the delivery to a person or his or her duly authorized representative of a certified copy of any return filed by him or her pursuant to this chapter or of the receipt, document or other form issued pursuant to Section 4 of this local law or a duplicate copy thereof nor to prohibit the delivery of such certified copy of such return or any information contained in or relating thereto to the United State of America or any department thereof, the State of New York or any department thereof or the County or any department thereof, provided that the same is required for official business, nor to prohibit the inspection for official business of such returns by other legal representatives of the County or by the District Attorney, nor to exhibit the publication of statistics so classified as to prevent the identification of particular returns or items thereof.

SECTION 16: NOTICES AND LIMITATIONS OF TIME

(a) Any notice authorized or required under the provisions of this local law may be given by mailing the same to the person for whom it is intended in a postpaid envelope addressed to such person at the address given in the last return filed by him or her pursuant to the provisions of this local law, or in any application for registration made by him or her pursuant to Section 401 of the NYS Vehicle and Traffic Law or, if no return has been filed or application made, then to such address as may be obtainable. The mailing of such notice shall be presumptive evidence of the receipt of the same by the person to whom addressed. Any period of time, which is determined according to the provisions of this local law by the giving of notice, shall commence to run from the date of mailing of such notice.

(b) The provisions of the Civil Practice Law and Rules or any other law relative to limitations of time for the enforcement of the civil remedy shall not apply to any proceeding or action taken by the Commissioner or the County Treasurer, if designated as his or her agent, to levy, appraise, assess, determine or enforce the collection of any tax or penalty provided by this local law. However, except in the case of a willfully false or fraudulent return with intent to evade the tax, no assessment of additional tax shall be made after the expiration of more than three years from the date of the filing of a return; provided, however, that where no return has been filed as provided by law, the tax may be assessed at any time.

(c) Where, before the expiration of the period prescribed herein for the assessment of an additional tax, a taxpayer has consented, in writing, that such period be extended, the amount of such additional tax may be determined at any time within such extended period. The period so extended may be further extended by subsequent consents, in writing, made before the expiration of the extended period.

(d) If any return, claim, statement, notice, application or other document required to be filed or any payment required to be made within a prescribed period or on or before a prescribed date under authority of any provision of this title is, after such period or such date, delivered by United States Mail to the Commissioner, County Treasurer, bureau, office, officer or person with which or with whom such document is required to be made, the date of the United States postmark stamped on the envelope shall be deemed to be the date of delivery. This subsection shall apply only if the postmark date falls within the prescribed period or on or before the prescribed date for the filing of such document or for making the payment, including any extension granted for such filing or payment, and only if such document or payment was deposited in the mail, postage prepaid, properly addressed to the Commissioner, County Treasurer, bureau, office, officer or person with which or with whom such payment is required to be made. If any document is sent by United States registered mail, such registration shall be prima facie evidence that such document was delivered to the Commissioner, County Treasurer, bureau, office, officer, or person to which or to whom addressed, and the date of registration shall be deemed the postmark date. The Commissioner is authorized to provide by regulation the extent to which the provisions of the preceding sentence with respect to prima facie evidence of delivery and the postmark date shall apply to certified mail. This subsection shall apply in the case of postmarks not made by the United States Postal Service only if and to the extent provided by regulation of the Commissioner. For the purposes of this subsection, an armed forces postal service postmark shall be regarded as equivalent to a United States Postal Service postmark.

(e) When the last day prescribed under authority of this title (including any extension of time) for performing any act falls on a Saturday, Sunday or legal holiday in the State of New York, the performance of such act shall be considered timely if it is performed on the next succeeding day which is not a Saturday, Sunday or legal holiday.

SECTION 17: COUNTY TREASURER AS AGENT

The Commissioner is hereby authorized to designate the County Treasurer as his or her agent to exercise any of all of his or her functions and powers specified or provided for in subsection (d) of Section 5 and in Sections 6,8,11,13,14 and 16 of this local law. Where the County Treasurer has been so designated as Agent, the County Treasurer, in addition to the powers elsewhere granted to him or her in this local law, is hereby authorized and empowered:

(1) To delegate such functions and powers to any employee or employees of the County Treasurer’s Office;

(2) For cause shown, to remit penalties and to compromise disputed claims in connection with the taxes hereby imposed;

(3) To request information concerning motor vehicles and persons subject to the provisions of this local law from the Department of Transportation of the United States or any city or county of the State of New York, and to afford such information to such other state, treasury department, city or county any provision of this local law to the contrary notwithstanding;

(4) To request the Sheriff’s Department of the County to assist in the enforcement of the provisions of this law.

SECTION 18: AGREEMENT BETWEEN COUNTY TREASURER AND COMMISSIONER

The County Treasurer is hereby authorized and empowered to enter into an agreement with the Commissioner to govern the administration and collection of the taxes imposed by this local law, which agreement shall provide for the exclusive method of collection of such taxes, custody and remittal of the proceeds of such tax; for the payment by the County of the reasonable expenses incurred by the NYS Department of Motor Vehicles in collecting and administering such tax; and for the audit, upon request of the County Treasurer or his or her delegate, of the accuracy of the payment distributions and remittances to the County Treasurer pursuant to the provisions of this local law, to be conducted at a time agreed upon by the NYS State Comptroller and to be allowed not more frequently than once in each calendar year. Such agreement shall have the force and effect of a rule or regulation of the Commissioner and shall be filed and published in accordance with any statutory requirements relating thereto.

SECTION 19: NOTIFICATION TO COUNTY ATTORNEY

The Commissioner shall promptly notify the County Attorney of any litigation instituted against him or her which challenges the constitutionality or validity of any provision of this local law or which attempts to limit or question the applicability of such law, and such notification shall include a copy of the papers served upon him or her.

SECTION 20: DISPOSITION OF REVENUES

All revenues resulting from the imposition of the tax under this local law shall be paid into the treasury of the County and shall be credited to and deposited in the general fund of the County.

SECTION 21: SEVERABILITY

If any provision of this local law or the application thereof to any person or circumstances is held invalid, the remainder of this local law and the application of such provisions to other persons and circumstances shall not be affected thereby.

SECTION 22: EFFECTIVE DATE

This local law shall become effective upon its filing with the NYS Department of State.

DISCUSSION: Legislator Larison stated that he is opposed to this tax, they are already taxing the people enough. Legislator Bleiler feels this is the only other alternative for increased revenues, people really need to realize our property tax is already way out of line throughout the state. He knows that Tompkins and Seneca Counties, even with tax increases, are at $6.93 and Seneca $6.83 per thousand tax rate. Our county taxpayers have to pay hundreds more than other counties. If we approve this, we could bring the tax increase down to maybe a 4% increase. He does not want to raise property tax anymore. Legislator Larison feels comparing counties is not fair, you have to run your county as you see fit. He does not see how this helps. Legislator Bleiler believes this is more fair than land tax. Legislator Young asked, assuming someone sends their registration to Albany, where does the money go? Attorney Coleman explained that the tax comes here to Schuyler County. Legislator Larison called for the question.

VOTE: Passed 5-1. No: Larison.

RESOLTION NO. 459 Motion by Bleiler, Second by Karius.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – COUNTY CLERK

BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

+$56,000 1410-1136 Motor Vehicle Use Taxes

VOTE: Passed 6-0.

RESOLUTION NO. 460 Motion by Larison, Second by Bingell.

RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR HUMAN RESOURCES CLERK

WHEREAS, the Human Resources Clerk position is vacated as of November 19, 2003 and the Management and Finance Committee has authorized filling of said vacancy, and

WHEREAS, funding for this position is available in the 2003 budget account no. 1430.100-Personal Services.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledge the appointment by Gail Hughey, Clerk of the Legislature/Human Resources Manager, of Karen E. Spaccio as Human Resources Clerk, to be placed in the Grade Level B of the Management/Confidential Salary Plan, effective December 2, 2003 at an annual salary of $28,000.

DISCUSSION: Legislator Karius said she would not vote on filling any vacancies that cost more money. The Clerk of the Legislature explained that the increase is about $3,500 more than the former employee. Legislator Bleiler does not believe $28,000 is too much for this job compared to other businesses and industry. He is trying to cut dollars everywhere, but he is reminded that just a year ago we reduced the staff by doubling up responsibilities. He feels it is foolish to have to hire someone less qualified and spend more time training.

VOTE: Passed 5-1. No: Karius.

Discussion on the Tax Auction Date

Legislator Bleiler asked for the Treasurer’s recommendation on setting a date. The Treasurer said the date now would be right around Christmas, so she suggested waiting until after the first of next year. She will work it out with the Auctioneer to set a date for January or early February.

MOTION by Legislator Bleiler, to hold the tax auction in January or early February 2004, SECOND by Legislator Larison. Motion carried six ayes to zero noes.

Discussion about the Duties of the Coordinator of Information Technology

The Clerk suggested that a Special Governmental Operations Committee meeting be called to discuss the Information Technology duties prior to the regular monthly committee meeting. A special committee meeting was scheduled for Wednesday, December 3^rd at 11:00 a.m.

Discussion on Parking

Chairman Gifford asked that the County Attorney work with the Public Works Committee to discuss the most amicable way to open up the county parking lot so it is more available to the public.

PUBLIC PARTICIPATION:

Angie Franzese asked if she could get the 2004 tax levy figure, the 2004 contingency account amount, and when copies of the tentative budget will be available to the public. The Treasurer said the budget will be available tomorrow.

MOTION by Legislator Larison, SECOND by Legislator Bingell to go into executive session to discuss employee work history. Motion carried six ayes to zero noes.

MOTION by Legislator Young, SECOND by Legislator Larison to come out of executive session. Motion carried six ayes to zero noes.

The Meeting adjourned at 11:55 a.m.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

PUBLIC HEARING

DECEMBER 4, 2003

The December 4, 2003 Public Hearing on the 2004 Tentative Budget was called to order at 6:30 p.m. by Chairman Gifford. All Legislators were present except Legislators Yuhasz and Slusser who were excused. County Attorney Coleman and Budget Officer Nancy Peters were also present. There were about 35 members of the public present, including department heads.

Chairman Gifford opened the Public Hearing, stated the rules and turned the Hearing over to Legislator Bleiler, Acting Chairman of the Management & Finance Committee, for a presentation. Legislator Bleiler commended the department heads and employees for keeping spending reasonable and maximizing state and federal resources. The budget is, what he terms, a year-long process. It is like looking into a crystal ball and trying to see into the future. We make our best estimate, and have to adjust it as we go along. He believes this is a good budget. He reviewed the slide presentation (on file). Medicaid will consume about 39% of what is raised in property taxes. He commented on a number of items. The decrease in the county’s debt service is attributable to the tobacco settlement. In 1998/1999, the Legislature had to invest equipment into the Highway Department. He reviewed the bridge ratings for the county and explained that the bridge deficiency was 34% in 1996 and it is 13% today. There are 15 bridges that have been improved. $1,831,500 would be needed if the county had not increased the sales tax to 8% in order to keep the levy where it is right now. The county’s state and federal aid is improved which can be credited by the employees. They have to be careful when considering reducing the number of county employees because state/federal aid is lost as well as fees generated by those employees.

Bob Chadeayne representing the Farm Bureau said the farmers are heavily impacted by property taxes. He asked if other revenue sources have been investigated. Legislator Bleiler stated that they increased the mortgage tax by ¼^%, which represents $104,000, dedicated to offset community college expenses. However, the increase in this expense exceeded $104,000. They have considered the Vehicle Use Tax, Cell Phone Tax, and increasing the Room Tax, which all failed. Chairman Gifford explained that the county is sharing services, i.e. the Real Property Tax Director with Chemung County. There is a shared services committee looking into additional options. Legislator Bleiler thanked everyone for coming and encouraged participation at the town level also.

Barb Halpin said she served as a legislator for six years and understands the difficulty of budgeting. She feels the Legislature needs to use some comparisons and they are not facing what is going on in Schuyler County. She is presenting numbers that are accurate. She looked at the 1999 budget and the 2004 proposed budget. Total spending increased 49%, which represents over 9% per year. During this time there was hardly any inflation. Health Insurance, Medicaid, and Retirement are usually where the blame falls, but she went back, took them out of the 1999 budget and out of the 2004 budget, spending still increased 40%. The tax levy has gone up every year since 1998 except for the year 2000 when sales tax went up to 8%. Despite the fact that there have been huge increases in sales tax and assessed value, the levy is still going up now 16%. She feels the problem is spending. She feels the increased value of property is being undermined by increased spending. The county has twenty-nine more full-time employees and six more part-time employees than in 1999. The tax rate is about $3.00 per $1,000 more than any surrounding community. She suggested a couple of ways to reduce the budget, one of them is to decrease the size of county government. She also suggested audits for the past few years. The fund balance projection suggests that they are over budget. Look at what departments are over budget on a regular basis. She challenged the Legislature to go back to the table and cut the budget further. All of the money put into economic development will be gone if they do not reduce spending. She also feels Schuyler County is not competitive because of the high tax rate. In 1991, this county went broke and the county was forced to layoff employees and freeze salaries. It did not affect the way the county was able to administer services. It is difficult to consider, but she feels it is something that has to be considered. Legislator Bleiler said he agrees and disagrees with many of the things she said, but he feels the number of employees is not as important as the number of employees that have a local share. Total appropriations have gone up immensely, the smaller the county, the larger the percentage. The increase in Medicaid and Retirement does hurt this county. The bottom line, in his opinion, is that residents are better off today than seven or eight years ago. Every legislator had the opportunity to look at cuts and we looked at cuts. If we cut personnel, we would have to eliminate services. It is a real challenge to cut and actually save money.

Sheriff Maloney stated that the gross spending is going up, but not the net spending. He has increased his number of part-time employees to reduce overtime. The department heads are continually trying to reduce expenses and seek out sources of revenue. He commended the Legislature for getting the budget to the current level.

Paul Marcellus asked about the county government’s ability to refinance and invest. Legislator Bleiler said the county does invest their monies. The Treasurer explained that the fund balance does not always represent cash on hand, but anticipated revenues. They are limited as to how they can invest and what they can invest in. The county cannot invest in some of the ways that the state government can invest. They are very limited, and not earning the interest that they could if they were not so restricted. Legislator Bleiler explained that with the tobacco settlement, some of the borrowing that has been done in the past had a clause not allowing it to be called. The county paid whatever debt possible. For the debt not callable, instead of paying a penalty, they used the same funds in an interest drawing account and paid as they could. The Treasurer explained that out of a $3 million debt service, only $1.6 million is what is left to pay. The rest was paid by the tobacco settlement.

Angie Franzese suggested the Legislature reduce the contingency account to $50,000, since they have such a large fund balance. She expressed displeasure about the process followed for establishing a vehicle use tax, adding the revenue to the budget and then having a public hearing. She also feels the budget can be further reduced. The Treasurer pointed out that the fund balance is at the state-recommended level. Legislator Bleiler explained that the process for establishing the vehicle use tax was dictated by time constraints. He also explained that the contingency is higher than normal to cover possible expenses, such as in the District Attorney’s budget, in case there are an exceptional number of trials next year. The fund balance could be argued all night because there are a lot of ways to look at it. The Sheriff suggests they do not change the contingency account because the boiler in the county building is old and there are things that could break down. He also said he was here in 1991 when the layoffs occurred. The Chairman of the Legislature came to him looking for help and he agreed not to fill any vacancies to make up $100,000. At that time there was no fund balance.

Legislator Young asked the Commissioner of Social Services, Bill Weiss, if the state or federal government gave us a one time reprieve on Medicaid. The Treasurer explained that the county received a little under $207,000, considered forgiveness. Legislator Bleiler said the federal government also recognized the Medicaid problem. They gave us a one shot deal for the period April 1, 2003 to June 30, 2004. Legislator Young respectfully feels our department heads did a great job and this Legislature will have a tough time next year.

Paul Marcellus commented that he is pleased with Legislator Bleiler’s ability to address the budget and answer questions, and now feels the budget is a good one.

Chairman Gifford stated that they took $900,000 out of fund balance last year to help offset the budget, and it appears they will be fortunate enough to make that back. It is not good practice to use fund balance to offset the budget. He explained the Family Health Plus program, another unfounded mandate, and how it increased the budget.

Angie Franzese asked for an explanation on an apparent new line item in the budget, the Watkins-Montour Business District in the amount of $5,000. Legislator Bleiler explained that they participated in a grant application for this and the county’s commitment is $5,000. He explained the proposal of the Business District. Mrs. Franzese feels there are not enough people that want the district, and suggested it be taken out of the budget. Legislator Bleiler stated that if the District does not come to fruition, the money will not be spent. Mrs. Franzese commented on the $5,000 in the budget for the Schuyler County Industrial Development Agency (SCIDA). She thought they were supposed to become independent. Legislator Bleiler said she raises a good question, should the county provide funds for community development. There are pros and cons on both sides of that question. Mrs. Franzese then suggested that the Chairman and Legislators cut their salaries each by
$1,000 to set an example. Legislator Bleiler said they have considered that. He noted that they also looked at travel expenses county-wide. He pointed out that they reduced the Social Services travel line item by 40% for next year.

Bob Chadeayne asked the Legislature how active they are in fighting unfunded mandates and how they work with the Chemung County Medicaid Coalition. Chairman Gifford explained that the state bills the county for Medicaid weekly and they have no control. Schuyler County is part of the Medicaid Coalition. He has petitions in his office for signature if anyone would like to sign. Mr. Chadeayne said it is not just Medicaid, there are a lot of other programs from Albany that are questionable to the benefit of the population as a whole. Counties are being asked to fund these programs so the state looks good. He feels from the Farm Bureau’s point of view, that this is out of control and that someone needs to stand up to the State Legislature on these issues. Chairman Gifford explained that the county is also a member of the New York State Association of Counties (NYSAC) and they are a proactive group. Legislator Larison added that they also belong to the Inter-County Association of Western New York, and Schuyler County has representation there every month. It is important that they spend money to travel to these meetings. Legislator Bleiler suggested that everyone look at the backside of their tax bill when they receive it because it will show what it costs to run the county and what it costs for Medicaid. He encouraged the public to make copies of their tax bill and send them to Senator John R. Kuhl, Jr. and Assemblyman George Winner telling them this is not fair and does not make good sense to collect money for that program from property owners.

The Hearing adjourned at 8:10 p.m.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

REGULAR MEETING

DECEMBER 8, 2003

The December 8, 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 except Legislators Yuhasz and Slusser who were excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION:

Dr. Richard Castor was present to explain the concept of a Humanitarian Clinic. There are these type of clinics in Steuben and Broome Counties. A Humanitarian Clinic delivers free medical care for those without insurance and for those who do not qualify for Medicaid. They have made presentations to the local Rotary Club and other agencies such as the Council of Churches. At this point it is just a concept, and he will only be asking for the Legislature’s endorsement at a later date.

Jylle Benson Gauss said spoke in favor of Resolution No. 499 in regards to the Patriot Act. Once again, she encouraged the Legislature to vote in favor of this Resolution. On November 23^rd the FBI issued a memo to infiltrate and moderate peace groups. This is one big step away from the use of the Patriot Act to monitor terrorists. She feels this Resolution is more important than ever now. Democracy should speak out and let voices be heard. She urged the Legislature to stand up and send a message to the higher level of government.

Tim Dunlap, from the Town of Hector, said he concurs with Ms. Benson Gauss. He feels Americans need to stand up and say enough is enough.

Beau Duprey, from Hector as well, urged the Legislature to pass the Patriot Act Resolution. He feels the Act violates the Constitution of the United States.

Attorney Connie Miller asked when she could meet with the Public Safety/Criminal Justice Committee about staff and office supplies for her office as the new Public Defender. Legislator Larison explained that the committee meets a week from Thursday at 1:30 p.m. He suggested that she come at 2:15 p.m. to speak.

Legislator Young welcomed the young people present tonight and hoped this would not be the first and last meeting they attend.. She thanked the legislators for their anticipated support on the Patriot Act resolution and thanked Attorney Coleman for drafting it. Legislator Bleiler said he owes Attorney Coleman a thank you and a congratulations for drafting a Resolution they all could agreed upon. Legislator Karius said she will miss sitting beside Legislator Young. She feels she has a lot of good common sense. Legislator Larison also thanked Attorney Coleman for his help and direction in finding a new Public Defender for the county.

PUBLIC HEARING ON LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. OF THE YEAR 2004 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2004: No public participation.

PUBLIC HEARING ON LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT TAX ASSESSMENT ROLL: Dennis Fagan explained the history of the District for the public. The current issue with the Department of Environmental Conservation (DEC) now is the re-growth of native plants. To his knowledge, there has not been one complaint from residents on the use of SONAR. He also explained how the Lakes Commission plans on spending their funds.

WITHDRAWN

RE: APPROVE MINUTES OF THE NOVEMBER 10, 2003 REGULAR MEETING AND THE NOVEMBER 19, 2003 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE - WITHDRAWN

BE IT RESOLVED, that the minutes of the November 10, 2003 Regular Meeting and the November 19, 2003 Special Meeting of the Schuyler County Legislature be approved.

RESOLUTION NO. 461 Motion by Larison, Second by Bingell.

RE: AUTHORIZE CREATION OF A SENIOR REGISTERED PROFESSIONAL NURSE POSITION - MENTAL HEALTH

WHEREAS, the State of New York will convert the Reinvestment State staffing program as of March 31, 2004, and

WHEREAS, the Reinvestment State Staffing Program provided the Mental Health Clinic with a Senior Registered Professional Nurse, and

WHEREAS, the Mental Health Clinic cannot meet standards without a senior registered professional nurse, and

WHEREAS, the senior nursing workload requires a replacement for the state position, effective April 1, 2004, and

WHEREAS, the State has provided funding in lieu of said position.

NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services/Public Health be hereby authorizd to create a Senior Registered Professional Nurse position in the Mental Health Department, Grade 24, $16.67 per hour, funding available in the Mental Health budget for 2004, effective April 1, 2004.

VOTE: Passed 6-0.

RESOLUTION NO. 462 Motion by Larison, Second by Bingell.

RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF HEALTH FOR REIMBURSEMENT OF RABIES EXPENSES AND AMEND THE 2003 BUDGET – PUBLIC HEALTH

WHEREAS, the New York State Department of Health entered into an agreement with Schuyler County Public Health, effective April 1, 1996, renewable annually with an appendix specifying the reimbursement for rabies related expenses incurred by the County, and

WHEREAS, the New York State Department of Health has amended the Letter of Agreement to reflect changes to the Public Health Law and clarify current procedures with a new term, and

WHEREAS, the maximum annual reimbursement allowed has been increased by $1,300.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the New York State Department of Health to reimburse rabies related expenses for the period April 1, 2003 through March 31, 2004, renewable annually with an appendix of reimbursement, up to a maximum of $19,000, subject to approval by the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2003 Public Health budget, as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$ 800.00 4042.358 Post Exposure Treatment

+$ 500.00 4042.473 Biologies

+$1,300.00 4042-3401 State Aid – Rabies

VOTE: Passed 6-0.

RESOLUTION NO. 463 Motion by Larison, Second by Bingell.

RE: AUTHORIZE APPOINTMENTS TO THE COMMUNITY SERVICES BOARD - COMMUNITY SERVICES

WHEREAS, the Community Services Board has passed a resolution to increase their membership from nine (9) to fifteen (15) in accordance with Office of Mental Health regulations, effective immediately, and

WHEREAS, the increased membership will allow inclusion of consumers and family members, and

WHEREAS, the Community Services Board therefore has 6 extra vacancies.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Scott Wytrwa and Cynthia Terry, MD for a term of January 1, 2004 through December 31, 2007.

VOTE: Passed 6-0.

RESOLUTION NO. 464 Motion by Karius, Second by Bingell.

RE: AMEND AGREEMENT WITH EXTRADEV, INC. FOR COMPUTER SERVICES – PUBLIC HEALTH

WHEREAS, the Public Health Department has an agreement with ExtraDev, Inc. to provide computer services involving network administration, and

WHEREAS, there is additional work needed to upgrade and increase the efficiency of the network operations of the Public Health Department, and

WHEREAS, the agreement with ExtraDev, Inc. needs to be increased by $5,000 in order to continue the services provided involving network administration.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an amendment to the Agreement with ExtraDev, Inc. for an additional $5,000, funds being available in the 2003 budget, account no. 4010.532, subject to approval by the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 465 Motion by Karius, Second by Bingell.

RE: AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE - COMMUNITY SERVICES

WHEREAS, the Mental Health Subcommittee has a vacancy, and

WHEREAS, James Gay has expressed interest in becoming a member.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of James Gay to the Mental Health Subcommittee for term January 1, 2003 through December 31, 2006.

VOTE: Passed 6-0.

RESOLUTION NO. 466 Motion by Karius, Second by Bingell.

RE: AUTHORIZE INCREASE IN STAFF PSYCHIATRIST SALARY – COMMUNITY SERVICES

WHEREAS, the full-time staff psychiatrist position in the Mental Health clinic is a professional position which requires salary increases to be approved by the Legislature, and

WHEREAS, the position has been filled since January 2002 by Dr. Mihai Dascalu at an annual salary of $100,000, which salary has remained unchanged for the two-year period of his employment, and

WHEREAS, the retention of a full-time psychiatrist is crucial to the operation of the Mental Health clinic, both financially and in the delivery of mental health services, and

WHEREAS, a salary increase for said position is included in the proposed 2004 Mental Health personal services budget.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves a salary increase for the full-time psychiatrist in the Mental Health Department in the amount of $22,500, from $100,000 to $122,500 annually effective January 1, 2004.

VOTE: Passed 6-0.

RESOLUTION NO. 467 Motion by Larison, Second by Bingell.

RE: AUTHORIZE TRANSFER OF FUNDS FOR BOND PAYMENTS – MENTAL HEALTH

WHEREAS, the total of the interest and principal payments related to the bond financing of the Mill Creek Center exceeded the estimated figure in the 2003 budget by $1,493.28, and

WHEREAS, the county will receive additional rental revenues.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2003 Mental Health budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+$1,493.28 4322.327 Community Services Board

+$1,493.28 4322-2410 Rental of Buildings

VOTE: Passed 6-0.

RESOLUTION NO. 468 Motion by Larison, Second by Bingell.

RE: AUTHORIZE CONTRACT RENEWAL WITH DR. SAVITHRI SATTI - COMMUNITY SERVICES

WHEREAS, the Mental Health Department currently contracts with Savithri A. Satti, MD for part-time psychiatrist services, and

WHEREAS, continuation of these services would be beneficial to the operation of the Mental Health Clinic, and

WHEREAS, the hourly rate paid for these services in 2003 was $75.00, and

WHEREAS, funds are available in the proposed 2004 Mental Health budget to increase the hourly rate paid for part-time psychiatrist services.

NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Savithri A. Satti, MD for the provision of part-time psychiatrist services, at the hourly rate of $90.00, not to exceed $38,000 annually from January 1, 2004 through December 31, 2004, such amount provided for in the proposed 2004 Mental Health budget, account 4310.435; subject to approval by the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 469 Motion by Larison, Second by Bingell.

RE: AUTHORIZE CONTRACT RENEWAL WITH THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES, INC. FOR 2004 – COMMUNITY SERVICES

WHEREAS, the Mental Health Department currently contracts with the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc. for community and school-based prevention services, and

WHEREAS, continuation of these services would be beneficial to the delivery of mental health services to the residents of Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc. for the provision of community and school-based prevention services for a term of January 1, 2004 through December 31, 2004, in an amount not to exceed $154,496, such amount provided for in the proposed 2004 Mental Health budget, account 4322.550; subject to approval by the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 470 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZE CONTRACT RENEWAL WITH FINGER LAKES ADDICTIONS COUNSELING AND REFERRAL AGENCY FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES FOR 2004 – COMMUNITY SERVICES

WHEREAS, the Mental Health Department currently contracts with the Finger Lakes Addictions Counseling and Referral Agency for substance abuse and alcohol treatment services, prevention services, counseling, and education, and

WHEREAS, continuation of these services would be beneficial to the delivery of mental health services to the residents of Schuyler County, and

WHEREAS, the amount of the State Aid available for these services for 2004 has been reduced by $10,229 and as such the contract amount for 2004 has likewise been reduced.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the Finger Lakes Addictions Counseling and Referral Agency for the provision of alcohol and substance abuse services at an amount not to exceed $108,708 for a term of January 1, 2004 through December 31, 2004, such amount provided for in the proposed 2004 Mental Health budget, account 4322.336; subject to approval by the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 471 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZE CONTRACT RENEWAL WITH AFFILIATED PSYCHOLOGICAL CONSULTANTS, PC – COMMUNITY SERVICES

WHEREAS, the Mental Health Department currently contracts with Affiliated Psychological Consultants, PC for psychologist consultant services, staff social workers, and school outreach workers, and

WHEREAS, continuation of these services would be beneficial to the operation of the mental health clinic, and

WHEREAS, the 2003 contract called for three mental health professionals to provide the school outreach services, but one position remained vacant for the duration of the contract period and two have resigned, and

WHEREAS, due to these circumstances the 2004 contract will be adjusted to reflect the reduction of the school outreach services.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Affiliated Psychological Consultants, PC for the provision of psychologist consultant services, and staff social workers, at an amount not to exceed $172,534 for the term January 1, 2004 through December 31, 2004, such amount provided for in the proposed 2004 Mental Health budget, account 4310.435-Professional Fees and Services; subject to approval by the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 472 Motion by Bingell, Second by Bleiler.

RE: APPROVAL OF THE OFFICE FOR THE AGING 2004 ANNUAL IMPLEMENTATION PLAN FOR THE OLDER AMERICANS ACT AND NEW YORK STATE COMMUNITY SERVICES FOR THE ELDERLY PROGRAMS

WHEREAS, the Schuyler County Legislature has established an Office for the Aging in Schuyler County, and

WHEREAS, the Office for the Aging is required to submit an Annual Implementation Plan/Four Year Plan, which includes plans for programs operated by the Office for the Aging, as follows:

Title IIIB of the Older American’s Act

Titles IIIC1 and IIIC2 of the Older American’s Act

Title IIID of the Older American’s Act

Title IIIE of the Older American’s Act

Title V of the Older American’s Act

Title VII of the Older American’s Act

The Weatherization Referral & Packaging Program

Health Insurance Information, Counseling and Assistance Program

Community Services for the Elderly Program

Congregate Services Initiative Program

Home Energy Assistance Program

Expanded In-Home Services for the Elderly Program (EISEP)

Supplemental Nutrition Assistance Program (SNAP)

NYS Long-Term Care Ombudsman Program, and

WHEREAS, the Plan requires approval by the Schuyler County Legislature before submitting the Plan in December 2003, and

WHEREAS, the Public Hearing on the Annual Implementation Plan/Four Year Plan will be held on December 5, 2003 at 1:00 P.M. at the Offices of the Schuyler County Office for the Aging as required, and

WHEREAS, no Federal and/or New York State funding will be available until the plan has been approved by the Schuyler County Legislature and submitted to the NYS Office for the Aging and approved.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign those funding applications necessary to carry out the services provided by the Schuyler County Office for the Aging, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign those contracts and agreements necessary to carry out the service provided by the Schuyler County Office for the Aging, contracts or agreements; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 473 Motion by Bleiler, Second by Bingell.

RE: AUTHORIZE CONTRACT RENEWAL WITH THE OFFICE FOR THE AGING FOR HEAP ADMINISTRATION – SOCIAL SERVICES

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

WHEREAS, the initial allocation shall be divided proportionately, 75% to Social Services and 25% to the contractor, Office for the Aging (OFA), with the OFA share increasing from $9,564 to $11,470, an increase of $1,906.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Schuyler County Office For The Aging for the HEAP season October 1, 2003 through September 30, 2004, funding available in the DSS budget account no. 6010.332, subject to approval of the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 474 Motion by Bleiler, Second by Bingell.

RE: AMEND DEPARTMENT OF SOCIAL SERVICES 2003 BUDGET

WHEREAS, the Department of Social Services expects to exceed its 2003 budgets for Day Care, Medicaid, Foster Care, and Safety Net, and

WHEREAS, the department expects increased revenue for these accounts.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following changes in the Department of Social Services 2003 Budget:

Appropriations
6055.400	Day Care	+	54,000
6102.400	MEDICAID	+	150,000
6109.400	Family Assistance	-	(20,000)
6119.400	Foster Care and Adoption Subsidies	+	120,000
6123.400	Juvenile Delinquency	-	(50,000)
6140.400	Safety Net	+	34,000

Subtotal of Appropriations			288,000

Revenue
6055.3655	State Aid - Day Care	+	54,000
6102.3602	State Aid - MMIS	+	200,000
6119.3619	State Aid - Foster Care	+	42,000
6123.3623	State Aid - Juvenile Delinquency	-	(25,000)
6140.3640	State Aid - Safety Net	+	17,000

Subtotal of Revenue Accounts			288,000

	NET TOTAL		0

VOTE: Passed 6-0.

RESOLUTION NO. 475 Motion by Bleiler, Second by Bingell.

RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO BE CHARGED ON THE JANUARY, 2004, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE

WHEREAS, the Town of Hector is desirous of having those delinquent in payment of water bills be charged on the 2004 Town and County tax bill, per Town resolution No. 117-03, as a separate item for the amount of the arrears.

NOW, THEREFORE, BE IT RESOLVED, that the delinquent water bills for the Town of Hector, be added to the January, 2004, Town and County tax bills as a separate item for the amount of the arrears, provided by Town Law, Article 12, Paragraph 198.

VOTE: Passed 6-0.

RESOLUTION NO. 476 Motion by Karius, Second by Bingell.

RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2004, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE

WHEREAS, certain property owners in the Town of Reading are delinquent in paying their sewer and water bills, and

WHEREAS, the Town of Reading is desirous of having those delinquent in payment of sewer and water bills be charged on the 2004 Town and County tax bills as shown in the Town of Reading Resolution No. 66-03.

NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of Reading, as shown on the attached Resolution of the Town of Reading, be added to the January, 2004, Town and County tax bill as a separate item for the arrears, as provided by Town Law Section 198, subsection l (k).

VOTE: Passed 6-0.

RESOLUTION NO. 477 Motion by Karius, Second by Bingell.

RE: RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2004 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE

WHEREAS, the State Board of Real Property Services has established the County tax levy pursuant to Title 2 of Article 8 of the Real Property Tax Law, and a certificate of these rates has been received.

NOW, THEREFORE, BE IT RESOLVED, that the equalization rates for the 2004 Assessment Roll be adopted and the 2003 County equalization rates for the general levy and apportionment from the State Board of Real Property Services be entered in the minutes as follows:

TOWN OF CATHARINE 90.06 TOWN OF MONTOUR 90.06

TOWN OF CAYUTA 94.12 TOWN OF ORANGE 92.02

TOWN OF DIX 92.84 TOWN OF READING 92.84

TOWN OF HECTOR 94.00 TOWN OF TYRONE 89.78

VOTE: Passed 6-0.

RESOLUTION NO. 478 Motion by Karius, Second by Bingell.

RE: AUTHORIZE CONTRACT RENEWAL WITH WEILER MAPPING, INC. FOR ANNUAL TAX MAP MAINTENANCE – REAL PROPERTY TAX SERVICE

WHEREAS, Weiler Mapping, Inc. has agreed to renew their annual contractual agreement with Schuyler County to provide tax map maintenance at an increase of $100 per month.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be hereby authorized to execute a tax map maintenance contract with Weiler Mapping, Inc. for the Real Property Tax Service, for the term of January 1, 2004, to December 31, 2004, in the amount of $12,000; funding available in the proposed 2004 Real Property Tax Agency budget; subject to approval of the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 479 Motion by Larison, Second by Bingell.

RE: COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2003 FOR THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE TOWN OF TYRONE, IN THE COUNTY OF SCHUYLER, AND STATE OF NEW YORK

Pursuant to Sections 270 and 271 of the County Law of the State of New York.

WHEREAS, the assessment roll for the year 2003 for the Lamoka/Waneta Lakes’ Protection and Rehabilitation District in the Town of Tyrone, in the County of Schuyler, and State of New York for the budget year 2004 has been completed and properly filed with the Schuyler County Real Property Tax Service Agency at its office in the Schuyler County Office Building at 105 Ninth Street, Watkins Glen, New York, for review and inspection by the public and interested parties, and

WHEREAS, proper notice of the completion and filing of said assessment roll and also proper notice that the Public Hearing on the assessment roll would be held by the County Legislature of the County of Schuyler in the Legislative Chambers in the County Office Building, 105 Ninth Street, Watkins Glen on December 8, 2003 at 7:15 P.M. to hear and consider any objections pertaining to said assessment roll, and

WHEREAS, due and proper proof of the publication of the notice of the aforesaid Public Hearing has been filed in the Office of the Clerk of the Legislature, and

WHEREAS, the aforesaid Public Hearing was duly held on the 8^th day of December, 2003, and any persons appearing in regard to the said assessment roll having been heard.

NOW, THEREFORE, BE IT RESOLVED, said assessment roll for the year 2003 for the Lamoka/Waneta Lakes District in the Town of Tyrone, in the County of Schuyler, and State of New York be hereby approved as completed and filed in the office of the Schuyler County Real Property Tax Service Agency, and

BE IT FURTHER RESOLVED, that the Director of the Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer shall see to the proper procedure for the levy and collection of the appropriate taxes on the several real properties situate and benefited within said Lakes’ Protection and Rehabilitation District, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be forwarded to the Director of Real Property Tax Service Agency, the County Treasurer, the Attorney for said Lakes’ Protection and Rehabilitation District, the Lamoka/Waneta Lakes’ District Commission and the Clerk of the Steuben County Legislature.

VOTE: Passed 6-0.

RESOLUTION NO. 480 Motion by Larison, Second by Bingell.

RE: ESTABLISH NEW FEE SCHEDULE FOR THE REAL PROPERTY TAX SERVICE OFFICE

WHEREAS, the cost of reproducing tax maps, print-outs, and other reports has been constantly increasing, and

WHEREAS, these increased costs should be borne by those who utilize these services and not the County taxpayers as a whole.

NOW, THEREFORE, BE IT RESOLVED, that the following revised fee schedule, for work performed by the Real Property Tax Service Office, shall take effect January 1, 2004.

SCHUYLER COUNTY REAL PROPERTY TAX SERVICE OFFICE FEE SCHEDULE

Blueprint Machine Copy Costs: 30” X 42” $ 6.00

24” X 36” $ 5.00

17” X 22” $ 4.00

Photocopy Machine Copy Costs: 11” X 17” $ .50

8.5” X 14” $ .25

8.5” X 11” $ .25

Laserprinted copies $ .25

Computerized data retrieved through existing programs

and printed on stock paper (minimum charge $20.00) $ .25 / page

Computerized data retrieved through specialized programs

and printed on stock paper (minimum charge $50.00) $ .25 / page + $30 setup fee

Computerized data retrieved through existing programs

and provided electronically (minimum charge $20.00) $ .01 / record

Computerized data retrieved through specialized programs

and provided electronically (minimum charge $50.00) $ .01 / record + $30 setup fee

Town map – composite / reduced size $ 6.00

County highway map $ 2.50

Labels (retrieved through existing programs) $ .05 / label

Village Assessment Rolls $ 25.00

Village Tax Rolls & Bills $ .25 / bill

County Roll on diskettes (without parcel inventories, RPS995T1) $125.00

County Roll on diskettes (with parcel inventories, RPS995T1) $250.00

GIS Tax Parcel Data Layer on CD $ 50.00 / town

Tax Bill Extract and Rate Files $750.00

Town Assessment Rolls: Catharine $ 44.10

Cayuta $ 17.50

Dix $ 88.20

Hector $122.15

Montour $ 51.10

Orange $ 44.10

Reading $ 50.05

Tyrone $ 61.95

VOTE: Passed 6-0.

RESOLUTION NO. 481 Motion by Larison, Second by Bingell.

RE: RESOLUTION TO INCREASE CHARGEBACKS TO THE TOWNS FOR SUPPLIES AND ADMINISTRATIVE ASSISTANCE – REAL PROPERTY TAX SERVICE

WHEREAS, the County annually charges back to towns the cost of data processing services and other mechanical and administrative assistance in the preparation of assessment rolls, tax rolls, tax bills and other assessment reports as required by the State, and

WHEREAS, the cost to provide those services has increased.

NOW, THEREFORE, BE IT RESOLVED, that the annual town charge back for the above mentioned services be applied as follows:

RPS Processing Keypunch Valuation Processing &

License Fee Fee Statistical Analysis

Catharine             $200                $1.00 / parcel               $1.00 / parcel               $1.00 / parcel
Cayuta             $250                $1.00 / parcel               $1.00 / parcel               $1.00/parcel
Dix                   $213                $1.00 / parcel               $1.00 / parcel               $1.00/parcel
Hector             $425                $1.00 / parcel               $1.00 / parcel               $1.00 / parcel

Montour             $200                $1.00 / parcel               $1.00 / parcel               $1.00 / parcel
Orange             $325                $1.00 / parcel               $1.00 / parcel               $1.00 / parcel
Reading             $213                $1.00 / parcel               $1.00 / parcel               $1.00 / parcel
Tyrone             $325                $1.00 / parcel               $1.00 / parcel             $1.00 / parcel, and

BE IT FURTHER RESOLVED, that the new fee structure will apply to services provided beginning in the year 2004.

VOTE: Passed 6-0.

RESOLUTION NO. 482 Motion by Larison, Second by Bingell.

RE: AUTHORIZE ONGOING AGREEMENT WITH TIME WARNER CABLE/ROAD RUNNER FOR INTERNET SERVICES - INFORMATION TECHNOLOGY

WHEREAS, Resolution No. 75-01 as amended in Resolution No. 265-02 authorized a contract with Time Warner Cable for Road Runner Internet services for four years, and

WHEREAS, this is an ongoing service agreement that may have monthly addendums added to it with increases and decreases in service charges to support the continuing changes of the County’s Internet needs.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to this ongoing agreement with Time Warner Cable for Road Runner services for the Information Technology Services Department, subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the monthly addendums for the service charges are to not exceed a 10% increase from the prior addendum unless approved by the Legislature. The total monthly service charges for the year 2003 is $563.90; funding available in Information Technology Services account no. 1680.335, and

BE IT FURTHER RESOLVED, that this Resolution supercedes any and all Resolutions dated after January 2000 relative to Time Warner Cable – Road Runner Services.

VOTE: Passed 6-0.

RESOLUTION NO. 483 Motion by Bingell, Second by Young.

RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 2003/LOCAL LAW NO. 1 OF THE YEAR 2004 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2004

WHEREAS, a proposed Local Law setting salaries for certain public officers for fiscal year 2004 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held December 8, 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. 4 of the Year 2003/Local Law No. 1 of the Year 2004, 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. 4 of the Year 2003/Local Law No. 1 of the Year 2004, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 4 OF THE YEAR 2003/LOCAL LAW NO. 1 OF THE YEAR 2004

A Local Law Setting Salaries for Certain Public Officers for the Year 2004.

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, 2004.

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

Personnel Officer $36,066

Deputy County Clerk $29,828

Assistant District Attorney $58,531

Assistant District Attorney $20,560

Conf. Sec’y. to District Attorney $30,813

Commissioner of Social Services $55,698

County Highway Superintendent $49,757

Deputy County Highway Supt. $44,187

Undersheriff $45,004

Real Property Tax Director $45,754

Deputy Comm. Of Board of Elections $22,500

Deputy Comm. Of Board of Elections $24,166

Board of Election Commissioner $3,500

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

VOTE: Passed 6-0.

RESOLUTION NO. 484 Motion by Bingell, Second by Young.

RE: AUTHORIZING DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW

WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax receipts for the period April 1, 2003 through September 30, 2003, pursuant to Section 261 of the New York State Tax Law, and the same has been apportioned to the various municipalities thereto.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to pay the respective towns and villages of Schuyler County those amounts listed on Exhibit "A" attached hereto.

VOTE: Passed 6-0.

RESOLUTION NO. 485 Motion by Bingell, Second by Young.

RE: SET DATE - 2003 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the final meeting of the year 2003 for the Schuyler County Legislature be held on Monday, December 29, 2003, in the Legislative Chambers at 3:00 P.M. and that appropriate legal notice be published in the official newspaper of the County.

VOTE: Passed 6-0.

RESOLUTION NO. 486 Motion by Bingell, Second by Young.

RE: SET DATE - 2004 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the 2004 Organizational Meeting of the Schuyler County Legislature shall be held on Monday, January 5, 2004 in the Legislative Chambers at 9:30 A.M. and that appropriate legal notice be published in the official newspaper of the County.

VOTE: Passed 6-0.

RESOLUTION NO. 487 Motion by Bingell, Second by Young.

RE: UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2003-2004

WHEREAS, the County Treasurer submitted to this County Legislature, pursuant to Section 1330 (5) of the Real Property Tax Law, a certified list of unpaid school taxes, which will be assessed and relevied, and

WHEREAS, pursuant to Section 1330 (4) of the Real Property Tax Law, this Board is required to pay the various Districts the amount of unpaid school taxes, as certified.

NOW, THEREFORE, BE IT RESOLVED, that said unpaid school taxes for the year 2003-04, as they appear on said certified list be, and the same hereby are, approved as of December 8, 2003, and the Real property named in said certification any items of unpaid taxes therein set forth.

VOTE: Passed 6-0.

RESOLUTION NO. 488 Motion by Larison, Second by Bingell.

RE: APPROVE ALTERNATIVES TO INCARCERATION SERVICE PLAN-PROBATION

WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the year 2004, 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 2004 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 upon approval of the Schuyler County Attorney, and

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

VOTE: Passed 6-0.

RESOLUTION NO. 489 Motion by Larison, Second by Bingell.

RE: APPOINTMENT - DEPUTY FIRE COORDINATOR – EMERGENCY MANAGEMENT

WHEREAS, the Emergency Management Coordinator deems it necessary to fill a vacant position to closer coordinate the emergency service in Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, that Kirk Smith of the Watkins Glen Fire Department be appointed as Deputy Fire Coordinator effective immediately, said position is a volunteer position.

VOTE: Passed 6-0.

RESOLUTION NO. 490 Motion by Larison, Second by Bingell.

RE: AUTHORIZE CONTRACT RENEWAL WITH MOTOROLA – EMERGENCY MANAGEMENT

WHEREAS, the Motorola service agreement renewal for the Emergency Management Office has an increase of $265.68 for a total amount of $13,536.12.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Motorola for the Emergency Management Office for 911 Console Maintenance for the term December 1, 2003 through November 30, 2004, funding available in the 2003 Emergency Management budget account no. 3689.435-Professional Fees and Services; subject to approval of the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 491 Motion by Bingell, Second by Larison.

RE: AUTHORIZE GRANT APPLICATION FOR 2003 FIRE PREVENTION AND SAFETY GRANT – EMERGENCY MANAGEMENT

WHEREAS, the FEMA offered counties money for Fire Prevention Programs, with a 10% match to the County, and

WHEREAS, the Emergency Management Office wishes to apply for $11,260 of which the county’s matching portion is in the 2004 Emergency Management budget account no. 3689.460.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the 2003 Fire Prevention and Safety Grant; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 492 Motion by Bingell, Second by Larison.

RE: AUTHORIZE GRANT APPLICATION FOR PREVENTION OF RESIDENTIAL FIRE-RELATED INJURIES GRANT – EMERGENCY MANAGEMENT

WHEREAS, the New York State Department of Health is offering counties money for Fire Prevention Programs with no local share requirement, and

WHEREAS, the Emergency Management Office wishes to apply for $20,000.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the Prevention of Residential Fire-Related Injuries Grant; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 493 Motion by Bingell, Second by Larison.

RE: ADOPT A REVISED SCHUYLER COUNTY COMPREHENSIVE EMERGENCY PLAN

WHEREAS, the Comprehensive Emergency Plan for Schuyler County has been revised by the Emergency Management Office, and

WHEREAS, the Schuyler County Legislature recognizes that fires, chemical accidents, toxic spills, natural disasters, terrorist activities, civil disorders (such as bomb threats and unlawfully armed persons) and other emergencies are a threat to the county and community, and

WHEREAS, under the authority of Section 23 of the New York State Executive Law, a county is authorized to develop a Comprehensive Emergency Management Plan to prevent, mitigate, respond to and recover from emergencies and disasters.

NOW, THEREFORE, BE IT RESOLVED, that effective immediately, the Schuyler County Legislature does hereby adopt the Schuyler County Comprehensive Emergency Plan (on file).

VOTE: Passed 6-0.

RESOLUTION NO. 494 Motion by Bingell, Second by Larison.

RE: AUTHORIZE FILLING CORRECTIONS OFFICER POSITION – SHERIFF’S DEPARTMENT

WHEREAS, Corrections Officer William Rozell is resigning from the Schuyler County Sheriff’s Department Jail Division to enter law school, and

WHEREAS, it is necessary under State Commission of Corrections Rules and Regulations to provide minimum staffing at all times in the County Jail.

NOW, THEREFORE, BE IT RESOLVED, that the Sheriff of Schuyler County be hereby authorized to fill this Corrections Officer position upon the resignation of Officer Rozell, at a salary of $12.64 an hour.

VOTE: Passed 6-0.

RESOLUTION NO. 495 Motion by Bingell, Second by Larison.

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

WHEREAS, money is available each year under the Byrne Anti-Drug Funds, and

WHEREAS, the Schuyler County Sheriff’s Department/District Attorney’s Office is in need to update their surveillance equipment in their drug investigations, and

WHEREAS, $22,500 will be made available with a 25% matching funds from the Sheriff’s Department budget, which has been budgeted for the year 2004.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to apply for these Byrne Anti-Drug Funds and that the Chairman of the Legislature is authorized to sign any and all applications upon approval of the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 496 Motion by Bingell, Second by Larison.

RE: AMEND THE 2003 MACHINERY FUND BUDGET – HIGHWAY

WHEREAS, the continued high price for gasoline and diesel fuel has depleted the Shared Fuel Facility account, and

WHEREAS, the cost of the fuel is passed on to all users.

NOW, THEREFORE, BE IT RESOLVED, that the 2003 Machinery Fund be adjusted for the expense and revenue:

AMOUNT ACCOUNT NO. DESCRIPTION

+$15,000.00 5131.526 Fuel

+$15,000.00 0003-2300 Services

VOTE: Passed 6-0.

RESOLUTION NO. 497 Motion by Young, Second by Bingell.

RE: AUTHORIZE AGREEMENT WITH DOT COMMERCE INCORPORATED FOR WEB PAGE CREATIONS – INFORMATION TECHNOLOGY SERVICES

WHEREAS, the Office of Emergency Management has grant funds available to spend on creating a new “Home” web page for Schuyler County along with separate web pages for each county department, and

WHEREAS, the Coordinator of Information Technology Services has contacted Dot Commerce Incorporated and they are willing to do the work at a cost not to exceed $1,524.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an agreement with Dot Commerce Incorporated for web page creations, at a cost of $1,524, effective immediately through December 31, 2004, funding available in the 2003 budget account no 3689-431-3681-Office Supplies; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 498 Motion by Young, Second by Bingell.

RE: AUTHORIZE MEMORANDUMS OF AGREEMENT WITH THE DEPUTY SHERIFF’S ASSOCIATION

VOTE: Passed 6-0.

RESOLUTION NO. 499 Motion by Young, Second by Bingell.

RE: A RESOLUTION REGARDING THE USA PATRIOT ACT II AND THE PROTECTION OF CIVIL RIGHTS AND LIBERTIES

WHEREAS, the County of Schuyler is both deeply committed to the security of the United States and deeply concerned about the potential impact of the USA Patriot Act II on the constitutional rights of U.S. citizens, and

WHEREAS, the Schuyler County Legislature has particular concerns regarding several specific aspects of the Act as it may be applied to American citizens, including:

1. Those provisions limiting the right to a speedy, public trial in accordance with the Federal Rule of Criminal Procedure as they now exist.

2. Loss of access to legal counsel and the maintenance of the attorney-client privilege.

3. Detention without charge.

4. Potential erosion of the 4^th and 5^th amendment rights against unreasonable search and seizure and self incrimination, and

WHEREAS, we believe that eternal vigilance is the price of liberty.

NOW, THEREFORE, BE IT RESOLVED, that our federal legislators in both the House and Senate amend the Patriot Act in light of the concerns expressed herein.

VOTE: Passed 6-0.

RESOLUTION NO. 500 Motion by Larison, Second by Bingell.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358

BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

Appropriations

+$3,047.00 1430.100 Personal Services (Human Resources)

-$2,900.00 3689.100 Personal Services (Emergency Mgt.)

-$4,420.00 8740.400 Contractual (Lakes’ District)

+$2,605.00 9010.801 Retirement

+$ 338.00 9030.802 Social Security

+$ 123.00 1910.419 Worker’s Compensation

Revenues

+$8,000.00 1620-3021 Court Facilities Aid (Bldgs. & Grounds)

-$4,420.00 8740-1030 Special Assessments (Lakes’ District)

VOTE: Passed 6-0.

RESOLUTION NO. 501 Motion by Karius, Second by Bingell.

RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR

BE IT RESOLVED, that two (2) resolutions be brought to the floor.

VOTE: Passed 6-0.

RESOLUTION NO. 502 Motion by Bingell, Second by Karius.

RE: APPOINTMENT – SCHUYLER COUNTY PUBLIC DEFENDER

WHEREAS, the Schuyler County Public Defender has tendered his retirement effective December 31, 2003, and

WHEREAS, the position has been advertised, resumes received and reviewed by the Schuyler County Attorney, and

WHEREAS, the Schuyler County Attorney, after careful consideration of the qualifications of the candidates, recommends Attorney Connie Fern Miller for the appointment, and

WHEREAS, Attorney Miller has agreed to accept the appointment utilizing her own private office space, and maintaining very limited private practice with the complete understanding that her public duties take absolute priority over any limited private practice matters.

NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoint Attorney Connie Fern Miller as Schuyler County Public Defender effective January 1, 2004 at an annual salary of $70,000.

VOTE: Passed 6-0.

RESOLUTION NO. 503 Motion by Bingell, Second by Karius.

RE: AUTHORIZE TRANSFER OF FUNDS FROM COUNTY ROAD TO SNOW REMOVAL – HIGHWAY DEPARTMENT

WHEREAS, there is excess money in the Asphalt account no. 5110.511 and,

WHEREAS, there were several unanticipated snow runs due to the long snowy weather at the beginning of this year, and an early winter removal schedule that has drained the supply account for salt and sand.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer $6,000 from the asphalt account no. 5110.511 to the Snow Removal account no. 5142.438.

VOTE: Passed 6-0.

REPORT ON STANDING COMMITTEES:

Legislator Young reported on the Community Development and Natural Resources Committee. She discussed the Municipal Electric and Gas Alliance (MEGA) and how she feels the Legislature needs to enroll the whole county into this program, with the exception of the Village of Watkins Glen because they can not beat the cost of their electric. The cooperation of MEGA has saved the town of Vestal $6,000 in six months and others like Broome County nearly $250,000. Rather than cut a check, they pool the power needs and ask for providers to submit bids. She also discussed deforestation and how it relates to mosquitoes. She feels a good environmental policy is good policy. She then handed out an article on water use. She sees some of the needs for the upcoming year, like exploring other taxes and look at possible converting County Route 16 and 23 state highways. She would also like to see tourism expanded, a wind farm on the old Irelandville dumpsite and for the whole county to be zoned. She would also like to see the Legislature explore the idea of a county code enforcement officer with at least two deputies for standardization purpose; and to possibly combine the Industrial Development Agency (IDA) and Schuyler County Partnership for Economic Development (SCOPED). She then welcomed Mr. Dennis Fagan to the Legislature.

Legislator Bleiler reported on the Human Services Committee and the Management and Finance Committee. The Office for the Aging (OFA) recently hosted the Montour/Watkins Rotary radio day. They drew an awful lot of attention to the OFA and youth groups. He reported on some of their activities. While the OFA is a facility for senior citizens, this event helped show that it is a facility for groups of all ages and community minded activities. At the county’s budget hearing, there were questions asked that caused him to do some investigation. He has some figures to share tonight that he did not have then. To him, they lead to more questions than answers. He reviewed the history of the county’s fund balance. In 1990 there was a negative balance. It grew, leveled off in 1996 and then continued to grow. Today it is around $4,000,000. He feels it is a good healthy fund balance. The public needs to see where we have been and where we are today. Up until 1995 there was no equalization rate. Just today, they have managed to calculate the tax rates based on full value. The tax rate was high in 1992 at $14.00/$1,000 true value and then $10.30 in 1995. It dropped again when the sales tax was increased to 8%. It has been going back up the last couple of years. $10.50, which is the current rate, is too much in his opinion, but compared to history, he feels it is not bad.

Legislator Larison congratulated Legislator Young on her years of service. He complimented Legislator Bleiler on his presentation of the 2004 tentative budget, it was the best he has ever seen. It certainly should not have left questions unanswered. He also thanked Attorney Coleman again for his help with the Public Defender’s Office. He feels they have the best attorney for the job. He feels it is important to know they have the greatest fire coordinator, Bill Kennedy. Bill is responding to the needs of the community and searching for grants. His Deputy, Rick Churches, is also doing a great job. He is proud of the department heads and how they administer their budgets.

Legislator Bingell reported on the Public Works Committee. The Highway Department was awarded $200,000 in grant funds for a road safety program. This is an in-kind grant for 3M Scotchlite Diamond Grade Flourescent VIP Reflective Sheeting. It is used for signage to alert drivers of possible high traffic and /or hazardous areas. She also reported that the Highway Department is currently assisting the Town of Cayuta in removing gravel deposits and debris from Jackson Creek. She urged everyone to please use caution as winter weather approaches.

NEW BUSINESS:

Legislator Bleiler asked for an Executive Session to discuss employee work history.

MOTION by Legislator Bingell, SECOND by Legislator Karius to go into executive session to discuss work history of a particular employee. Motion carried six ayes to zero noes.

MOTION by Legislator Young, to come out of executive session, SECOND by Legislator Bingell. Motion carried six ayes to zero noes.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 8:10 P.M.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

SPECIAL MEETING

DECEMBER 11, 2003

The December 11, 2003 Special Meeting of the Schuyler County Legislature was called to order at 4:04 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present except Legislator Slusser who was excused. County Attorney Coleman was also present.

PUBLIC PARTICIPATION: None.

Legislator Bleiler asked to make a presentation on, among other things, the history of the county’s full value tax rate and our comparison with other counties. His history went back as far as 1995 and how the last three years have been climbing. The only place it dipped below $10/$1,000 was after the county initiated the sales tax increase. He distributed a handout that compares Schuyler County to other counties, which was prepared by Tompkins County. Most every county is $6-8/$1,000. Hamilton County is more our size and their tax rate is $2.35/$1,000. He distributed another handout relative to unappropriated fund balance. In 1990 the county was in debt and had to borrow. The fund balance improved up until the year 1997, and then it has gone from $2,700,000 up to almost $5,000,000 in 2001. The Treasurer predicts the 2003 fund balance will be at least four million. After the Public Hearing on the 2004 Tentative Budget, he thought about the concerns that were expressed and feels the budget should have been presented with more totals and more accurate figures. He feels Schuyler County should restructure its budget documents.

RESOLUTION NO. 504 Motion by Larison, Second by Bingell.

RE: RATIFICATION OF SPECIAL MEETING

1. Authorization Transfer of Funds for Overtime – Highway Department

2. Alteration of Tentative Budget Pursuant to County Law Section 358 – Mental Health

3. Alteration of Tentative Budget Pursuant to County Law Section 358 – Public Defender

4. Authorize Agreement for Operational Expenses – Public Defender’s Office

5. Authorize Creation and Filling of a Confidential Secretary to the Public Defender Position

6. Adoption of the 2004 Budget.

VOTE: 7-0.

RESOLUTION NO. 505 Motion by Bingell, Second by Larison.

RE: AUTHORIZE TRANSFER OF FUNDS FOR OVERTIME – HIGHWAY DEPARTMENT

WHEREAS, there were several unanticipated snow runs due to the long snowy weather at the beginning of this year, and the snow storm this past weekend that has drained the Personal Overtime accounts for Snow and Machinery, and

WHEREAS, there is excess money in the Asphalt account no. 5110.511 to cover said expenses.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer $17,000.00 from the Asphalt account no. 5110.511 to the Snow Removal Overtime account no. 5142.101 and $3,000.00 from the Machinery Diesel/Gas account no. 5130.526 to Machinery Overtime account no. 5130.101.

VOTE: Passed 7-0.

RESOLUTION NO. 506 Motion by Bingell, Second by Yuhasz.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – MENTAL HEALTH

BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

+$48,927 4310-1620 Mental Health Fees

-$48,927 4310-3490 State Aid Mental Health

VOTE: Passed 7-0.

RESOLUTION NO. 507 Motion by Larison, Second by Bingell.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – PUBLIC DEFENDER - FAILED

BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

+$24,000 1170.100 Personal Services

-$15,000 1170.200 Equipment

+$24,000 1170.401 Contractual-Misc.

-$ 1,500 1170.407 Books and Subscriptions

-$ 1,100 1170.409 Conference Expense

-$ 700 1170.433 Postage and Freight

-$30,000 1170.437 Secretarial Services

-$ 750 1170.439 Telephone

+$15,922 Various Fringe Benefit Accounts

-$14,872 1990.500 Contingency Account

VOTE: Failed 4-3. Noes: Bleiler, Karius, Gifford.

RESOLUTION NO. 508 Motion by Bingell, Second by Larison.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – PUBLIC DEFENDER - FAILED

BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

+$24,000 1170.100 Personal Services

-$15,000 1170.200 Equipment

+$24,000 1170.401 Contractual-Misc.

-$ 1,500 1170.407 Books and Subscriptions

-$ 1,100 1170.409 Conference Expense

-$ 700 1170.433 Postage and Freight

-$30,000 1170.437 Secretarial Services

-$ 750 1170.439 Telephone

+$15,922 Various Fringe Benefit Accounts

+$14,872 1010-1110 State Adm. Sales and Use Tax

VOTE: Failed 4-3. Noes: Bleiler, Karius, Gifford.

RESOLUTION NO. 509 Motion by Young, Second by Larison.

RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – PUBLIC DEFENDER

BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION

+$24,000 1170.100 Personal Services

-$15,000 1170.200 Equipment

+$24,000 1170.401 Contractual-Misc.

-$ 1,500 1170.407 Books and Subscriptions

-$ 1,100 1170.409 Conference Expense

-$ 700 1170.433 Postage and Freight

-$30,000 1170.437 Secretarial Services

-$ 750 1170.439 Telephone

+$15,922 Various Fringe Benefit Accounts

-$7,436 1990.500 Contingency Account

+$7,436 1010-1110 State Adm. Sales and Use Tax

DISCUSSION: Legislator Bleiler noted that the 2004 budget will raise the Public Safety Budget Group more than $100,000 for three offices. He asked if they could possibly find the $14,000 from somewhere else other than contingency. Legislator Larison agreed with Legislator Bleiler, however, this is the eleventh hour and this should have been dealt with back in November. Attorney Miller has explained why she needed this adjustment. Attorney Coleman said, for the record, this matter under discussion is necessarily late in the game. In order to find an individual, he could not give final details. That could not happen until a candidate was appointed and that was Monday night. Chairman Gifford feels this can be done within the current budgeted funds. Legislator Young suggested a compromise, to take $8,000 from Contingency and $8,000 from Sales Tax. There was debate on whether or not secretarial assistance should be in the form of an employee or contractual. This debate was compared to the County Attorney and District Attorney offices that both have employees performing that function. Legislator Bleiler said taking from contingency rather than sales tax revenue is no difference to him, it is still a cost. He is changing his vote, he does not want to see this deadlock go on any longer, but he still feels there is room to cut that group.

VOTE: Passed 5-2. Noes: Karius, Gifford.

RESOLUTION NO. 510 Motion by Larison, Second by Bingell.

RE: AUTHORIZE AGREEMENT FOR OPERATIONAL EXPENSES – PUBLIC DEFENDER’S OFFICE

WHEREAS, Connie Fern Miller, the 2004 newly appointed Public Defender will be providing services to the County from her private law office, and

WHEREAS, the tentative 2004 Public Defender’s budget includes an approved line item to compensate for the use of such facilities in account no. 1170.401-Contractual-Misc., in the amount of $24,000.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an agreement with Attorney Connie Fern Miller for operational expenses in the amount of $24,000, to be paid in equal monthly installments of $2,000 for the term January 1, 2004 through December 31, 2004; subject to the approval of the Schuyler County Attorney.

VOTE: Passed 6-1. No: Karius.

RESOLUTION NO. 511 Motion by Larison, Second by Bingell.

RE: AUTHORIZE CREATION AND FILLING OF A CONFIDENTIAL SECRETARY TO THE PUBLIC DEFENDER POSITION

WHEREAS, the 2004 newly appointed Public Defender wishes to create and fill the position of Confidential Secretary to the Public Defender, effective January 1, 2004, and

WHEREAS, there are funds in the tentative 2004 budget account no. 1170.100-Personal Services to pay for said position.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the creation of Confidential Secretary to the Public Defender position and hereby authorizes the incoming Public Defender to fill said position at 35 hours per week, in Grade Level B of the Management/Confidential Salary Plan in a salary range of $23,340 (minimum) - $29,482 (mid-range), effective January 1, 2004.

VOTE: Passed 6-1. No: Karius.

RESOLUTION NO. 512 Motion by Larison, Second by Bingell.

RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2004

WHEREAS, a notice was published in the official newspaper of the County of Schuyler that a Public Hearing on the Tentative Budget of the County of Schuyler for 2004 would be held at 6:30 P.M. on December 4, 2003, in the upstairs Main Court Room of the Court House, Watkins Glen, NY, and

WHEREAS, the above-mentioned Public Hearing was held on December 4, 2003 at said time and place.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2004 as presented by the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the Schuyler County Legislature, to raise $7,776,960.00 by tax levy, be adopted.

VOTE: Passed 6-1. No: Karius.

RESOLUTION NO. 513 Motion by Larison, Second by Bingell.

RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2004"

WHEREAS, the Schuyler County Legislature by Resolution No. 507, dated December 11, 2003, has adopted a budget for fiscal year 2004.

NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the column entitled "2004" as amended, be, and the same hereby are, appropriated for the objects and purposes specified, effective January 1, 2004.

VOTE: Passed 6-1. No: Karius.

RESOLUTION NO. 514 Motion by Larison, Second by Bingell.

RE: 2004 BUDGET OF $30,572,154.00: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN

BE IT RESOLVED, pursuant to the Real Property Tax Law Section 900, as amended by Chapter 828 of the Laws of 1985, that this Legislature by December 31, 2003, levy the taxes for the County upon the basis of the full valuation of the taxable real property in accordance with Title 2, Article 8, the contribution of each Town to County taxes, and

BE IT FURTHER RESOLVED, that the Chairman issue not later than December 31, 2003 the required certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler County.

VOTE: Passed 6-1. No: Karius.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 4:49 p.m.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

SPECIAL MEETING

DECEMBER 16, 2003

The December 16, 2003 Special Meeting of the Schuyler County Legislature was called to order at 6:00 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present. Assistant County Attorney Morris was also present.

PUBLIC PARTICIPATION: None.

PUBLIC HEARING ON LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. OF THE YEAR 2003 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2004: No public participation.

RESOLUTION NO. 515 Motion by Bingell, Second by Larison.

RE: RATIFICATION OF SPECIAL MEETING

1. Local Law Intro. No. 6/Local Law No. 5 of the Year 2003 Establishing a Schuyler County Motor Vehicle Use Tax.

2. Resolution in Support of a Schuyler County Citizen Corps Council and Authorize Schuyler County to be the Lead Agent in Applying for a Grant

3. Authorize 2003 Budget Modifications and Transfer of Funds – Office for the Aging

VOTE: Passed 8-0.

RESOLUTION NO. 516 Motion by Bingell, Second by Yuhasz.

RE: LOCAL LAW INTRO. NO. 6./LOCAL LAW NO. 5 OF THE YEAR 2003 ESTABLISHING A SCHUYLER COUNTY MOTOR VEHICLE USE TAX

WHEREAS, a proposed Local Law Establishing a Schuyler County Motor Vehicle Use Tax was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held December 16, 2003 at 6:00 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. 6/Local Law No. 5 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. 6/Local Law No. 5 of the Year 2003, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 5 OF THE YEAR 2003

SECTION 1: DEFINITIONS

(b) When used in this local law, the following terms shall have the following meanings:

Buses. The term “buses” shall have the same meaning as defined in Section 104 of the NYS Vehicle and Traffic Law, as amended.

Commissioner. Commissioner of Motor Vehicles of the State of New York or his or her successor in office.

County. Defined as the County of Schuyler.

County Attorney. County Attorney for Schuyler County or his or her successor in office.

County Clerk. County Clerk of Schuyler County or his or her successor in office.

County Treasurer. County Treasurer for Schuyler County or his or her successor in office.

Passenger motor vehicle. Any motor vehicle subject to the registration fee as provided for in Section 401, Subdivision 6 of the Vehicle and Traffic Law.

Sheriff. The Sheriff of Schuyler County or his or her successor in office.

Truck. The term truck shall have the same meaning as defined in Section 158 of the Vehicle and Traffic Law, as amended.

Any other term herein shall be defined by reference to the NYS Tax Law or NYS Vehicle & Traffic Law, as amended.

SECTION 2: IMPOSITION OF TAX

A motor vehicle use tax pursuant to Sections 1202(a) and 1201(e) of the NYS Tax Law is hereby imposed in the following manner:

(3) A tax of $5.00 per annum for the use of passenger motor vehicles of a type commonly used for noncommercial purposes owned by residents of the County for each such vehicle weighing 3,500 pounds or less and a tax of $10.00 per annum for such vehicles in excess of 3,500 pounds;

(4) A tax of $10.00 per annum for the use of trucks, buses and other such commercial vehicles used principally in connection with a business carried on within the County.

SECTION 3: EXEMPTIONS

SECTION 4: PAYMENT OF TAX AND EVIDENCE OF TAX PAYMENT

(c) Every owner of a motor vehicle subject to tax hereunder shall pay the tax thereon to the Commissioner on or before the date upon which he or she registers or renews his or her registration thereof or is required to register or renew his or her registration thereof pursuant to Section 401 of the NYS Vehicle and Traffic Law.

(d) Notwithstanding the provisions of Section 400 of the NYS Vehicle and Traffic Law to the contrary, the payment of such tax shall be a condition precedent to the registration or renewal thereof of such motor vehicle and to the issuance of any certificate of registration and plates or removable tag specified in Subdivision 3 of Section 401 and Sections 403 and 404 of the NYS Vehicle and Traffic Law, and no such certificate of registration, plates or tag shall be issued unless such tax has been paid. The Commissioner shall not issue a registration certificate for any motor vehicle for which the registrant’s address is within the County except upon proof in a form approved by the Commissioner that such tax has been paid or is not due, with respect to such motor vehicle. The Commissioner, upon the application of any person exempt therefrom, shall furnish to each taxpayer paying the tax a receipt for such tax and to each such taxpayer or exempt person a statement, document or other form approved by the Commissioner, pursuant to the last sentence, showing that such tax has been paid or is not due, with respect to such motor vehicle.

SECTION 5: RETURNS

(e) At the time the payment of the tax imposed by this local law becomes due, every person subject to tax hereunder shall file a return with the Commissioner in such form and containing such information as may be prescribed by such Commissioner. The taxpayer’s application for registration or the renewal of registration shall constitute the return required under this local law, unless the Commissioner, by regulation, shall otherwise provide.

(f) Returns shall be preserved for three years and thereafter until the Commissioner permits them to be destroyed.

(g) The Commissioner may require amended returns or certificates of facts to be filed within 20 days after notice and to contain the information specified in the notice. Any such certificate shall be deemed to be part of the return required to be filed.

(h) If a return required by this local law is not filed or if a return when filed is incorrect or insufficient on its face, the Commissioner or the County Treasurer, if designated as his or her agent, shall take the necessary steps to enforce the filing of such a return or of a corrected return.

SECTION 6: DETERMINATION OF TAX

SECTION 7: REFUND OF CERTAIN UNUSED REGISTRATIONS

SECTION 8: REFUNDS

(d) In the manner provided in this section, the Commissioner shall refund or credit, without interest, any tax, penalty or interest erroneously, illegally or unconstitutionally collected or paid if application for such refund shall be made within one year from the payment thereof to the Commissioner or to the County Treasurer, if designated as his or her agent. Whenever a refund is made, the reasons therefor shall be stated, in writing, by the Commissioner or by the County Treasurer, as the case may be, who, in lieu of any refund, may allow credit therefor on payments due from the applicant.

(e) An application for a refund or credit made as herein provided shall be deemed an application for a revision of any tax, penalty or interest complained of and the Commissioner or the County Treasurer, if designated as his or her agent, shall hold a hearing and receive evidence with respect thereto. After such hearing, the Commissioner, if he or she holds the hearing, or the County Treasurer, if the County Treasurer holds the hearing, shall give notice of the determination of such application to the applicant who shall be entitled to review such determination by a proceeding pursuant to Article 78 of the Civil Practice Law and Rules, provided that such proceeding is instituted within four months after the giving of notice in such determination, and provided that a final determination of tax due was not previously made. Such a proceeding shall not be instituted unless an undertaking is filed with the Commissioner in such amount and with such sureties as a Justice of the Supreme Court shall approve, to the effect that if such proceeding be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding.

(f) A person shall not be entitled to a revision, refund or credit under this section of a tax, interest or penalty which has been determined to be due pursuant to the provisions of Section 6 of this local law where he or she had a hearing or an opportunity for a hearing, as provided in said section, or has failed to avail himself or herself of the remedies therein provided. No refund or credit shall be made of a tax, interest or penalty paid after a determination made pursuant to Section 6 of this local law, unless it be found that such determination was erroneous, illegal or unconstitutional or otherwise improper after a hearing or, on his or her own motion, by the Commissioner or by the County Treasurer, as the case may be, or in a proceeding under Article 78 of the Civil Practice Law and Rules, pursuant to the provisions of said section, in which event refund or credit without interest shall be made of the tax, interest or penalty found to have been overpaid.

SECTION 9: RESERVES

SECTION 10: REMEDIES EXCLUSIVE

The remedies provided by Sections 6 and 8 of this local law shall be exclusive remedies available to any person for the review of tax liability imposed by this local law, and no determination or proposed determination of tax or determination on any application for refund shall be enjoined or reviewed by an action for declaratory judgment, an action for money had and received or by any action or proceeding other than a proceeding in the nature of a certiorari proceeding under Article 78 of the Civil Practice Law and Rules; provided, however, that a taxpayer may proceed by declaratory judgment if he or she institutes suit within 30 days after a deficiency assessment is made and pays the amount of the deficiency assessment to the Commissioner prior to the institution of such suit and posts a bond for costs as provided in Section 6 of this local law.

SECTION 11: PROCEEDING TO RECOVER TAX

(c) Whenever any person shall fail to pay any tax, penalty or interest imposed by this local law as herein provided, the County Attorney, upon the request of the Commissioner or of the County Treasurer, if designated as his or her agent, may bring or cause to be brought an action in accordance with the Laws of the County to enforce the payment of the same on behalf of the County in any court of the State of New York or of any other state of the United States. However, if in his or her discretion, the Commissioner or the County Treasurer, if designated as his or her agent, believes that any such person subject to the provisions of this local law is about to cease business, leave the state or remove or dissipate the assets out of which the tax or penalty might be satisfied and that any such tax or penalty will not be paid when due, he or she may declare such tax or penalty to be immediately due and payable and may issue a warrant immediately.

(d) As an additional or alternate remedy, the Commissioner or the County Treasurer, if designated as his or her agent, may issue a warrant, directed to the Sheriff commanding him or her to levy upon and sell the real and personal property of the person liable for the tax which may be found within the County for the payment of the amount thereof, with any penalty and interest, and the cost of executing the warrant, and to return such warrant to the person who issued it and to pay to him or her the money collected by virtue thereof within 60 days after the receipt of such warrant. The Sheriff shall within five days after the receipt of the warrant, file with the County Clerk a copy thereof, and thereupon such clerk shall enter in the judgment docket the name of the person mentioned in the warrant and the amount of the tax, penalty and interest for which the warrant is issued and the date when such copy is filed. Thereupon, the amount of such warrant so docketed shall become a lien upon the title to and the interest in real and personal property of the person against whom the warrant is issued. The Sheriff shall then proceed upon the warrant in the same manner, and with like effect as that provided by law in respect to executions issued against property upon judgments of a court of record, and for services in executing the warrant, such Sheriff shall be entitled to no fee or compensation in excess of the actual expenses paid in the performance of such duty. If a warrant is returned not satisfied in full, the Commissioner or the County Treasurer, as the case may be, may from time to time issue new warrants and shall also have the same remedies to enforce the amount due thereunder as if he or she had recovered judgment therefor and execution thereon had been returned unsatisfied.

SECTION 12: GENERAL POWERS OF THE COMMISSIONER

In addition to the powers granted to the Commissioner in this local law, he or she is hereby authorized and empowered:

(8) To make, adopt and amend rules and regulations appropriate to the carrying out of this local law;

(9) For cause shown, to remit penalties, and to compromise disputed claims in connection with the taxes hereby imposed;

(10)To request information concerning motor vehicles and persons subject to the provisions of this local law from the Department of Motor Vehicles of any other state or the Treasury Department of the United States or any city or county of the State of New York, and to afford such information to such other state, Treasury Department, city or county any provision of this local law to the contrary notwithstanding;

(11)To delegate his or her functions hereunder to a deputy commissioner in the Department of Motor Vehicles or any employee or employees of his or her department;

(12)To prescribe methods for determining the tax, to keep such records as he or she may prescribe, and to furnish such information upon his or her request;

(13)To require all persons owning motor vehicles subject to tax to keep such records as he or she may prescribe and to furnish such information upon his or her request;

(14)To request the Sheriff to assist in the enforcement of this local law.

SECTION 13: ADMINISTRATION OF OATHS AND COMPELLING TESTIMONY

(d) The Commissioner or his or her employees or agents duly designated and authorized by such commissioner shall have power to administer oaths and take affidavits in relation to any matter or proceeding in the exercise of the powers and duties under this local law. The Commissioner or the County Treasurer, if designated as his or her agent, shall have the power to subpoena and require the attendance of witnesses and the production of books, papers and documents to secure information pertinent to the performance of his or her duties hereunder and of the enforcement of this local law and to examine them in relation thereto and to issue commissions for the examination of witnesses who are out of the state or unable to attend before him or her or excused from attendance.

(e) A Justice of the Supreme Court, either in court or at chambers, shall have power summarily to enforce by proper proceedings the attendance and testimony of witnesses and production and examination of books, papers and documents called for by the subpoena of the Commissioner or the County Treasurer, if designated as his or her agent under this local law.

(f) The officers who serve the summons or subpoena of the Commissioner or the County Treasurer, if designated as his or her agent, and witnesses attending in response thereto shall be entitled to the same fees as are allowed to officers and witnesses in civil cases in courts of record, except as herein otherwise provided. Such officers shall be the County Treasurer and his or her duly appointed deputies or any officers or employees of the NYS Department of Motor Vehicles designated by the Commissioner to serve such process or any officers or employees of the Treasurer’s Office of the County designated by the County Treasurer to serve such process.

SECTION 14: PENALTIES AND INTEREST

(c) Any person failing to file a return or to pay any tax or any portion thereof within the time required by this local law shall be subject to a penalty of five times the amount of the tax due, plus interest of five percent of such tax for each month of delay or fraction thereof, but the Commissioner or the County Treasurer, if designated as his or her agent, if satisfied that the delay is excusable, may remit all or any part of such penalty, but not interest at the rate of six percent per year. Penalties and interest shall be paid and disposed of in the same manner as other revenues under this local law. Unpaid penalties and interest may be enforced in the same manner as the tax imposed by this local law.

(d) The certificate of the Commissioner or of the County Treasurer, if designated as his or her agent, to the effect that a tax has not been paid or that a return required by this local law has not been filed or that information has not been supplied pursuant to the provisions of this local law shall be presumptive evidence thereof.

SECTION 15: RETURNS TO BE SECRET

SECTION 16: NOTICES AND LIMITATIONS OF TIME

(f) Any notice authorized or required under the provisions of this local law may be given by mailing the same to the person for whom it is intended in a postpaid envelope addressed to such person at the address given in the last return filed by him or her pursuant to the provisions of this local law, or in any application for registration made by him or her pursuant to Section 401 of the NYS Vehicle and Traffic Law or, if no return has been filed or application made, then to such address as may be obtainable. The mailing of such notice shall be presumptive evidence of the receipt of the same by the person to whom addressed. Any period of time, which is determined according to the provisions of this local law by the giving of notice, shall commence to run from the date of mailing of such notice.

(g) The provisions of the Civil Practice Law and Rules or any other law relative to limitations of time for the enforcement of the civil remedy shall not apply to any proceeding or action taken by the Commissioner or the County Treasurer, if designated as his or her agent, to levy, appraise, assess, determine or enforce the collection of any tax or penalty provided by this local law. However, except in the case of a willfully false or fraudulent return with intent to evade the tax, no assessment of additional tax shall be made after the expiration of more than three years from the date of the filing of a return; provided, however, that where no return has been filed as provided by law, the tax may be assessed at any time.

(h) Where, before the expiration of the period prescribed herein for the assessment of an additional tax, a taxpayer has consented, in writing, that such period be extended, the amount of such additional tax may be determined at any time within such extended period. The period so extended may be further extended by subsequent consents, in writing, made before the expiration of the extended period.

(i) If any return, claim, statement, notice, application or other document required to be filed or any payment required to be made within a prescribed period or on or before a prescribed date under authority of any provision of this title is, after such period or such date, delivered by United States Mail to the Commissioner, County Treasurer, bureau, office, officer or person with which or with whom such document is required to be made, the date of the United States postmark stamped on the envelope shall be deemed to be the date of delivery. This subsection shall apply only if the postmark date falls within the prescribed period or on or before the prescribed date for the filing of such document or for making the payment, including any extension granted for such filing or payment, and only if such document or payment was deposited in the mail, postage prepaid, properly addressed to the Commissioner, County Treasurer, bureau, office, officer or person with which or with whom such payment is required to be made. If any document is sent by United States registered mail, such registration shall be prima facie evidence that such document was delivered to the Commissioner, County Treasurer, bureau, office, officer, or person to which or to whom addressed, and the date of registration shall be deemed the postmark date. The Commissioner is authorized to provide by regulation the extent to which the provisions of the preceding sentence with respect to prima facie evidence of delivery and the postmark date shall apply to certified mail. This subsection shall apply in the case of postmarks not made by the United States Postal Service only if and to the extent provided by regulation of the Commissioner. For the purposes of this subsection, an armed forces postal service postmark shall be regarded as equivalent to a United States Postal Service postmark.

(j) When the last day prescribed under authority of this title (including any extension of time) for performing any act falls on a Saturday, Sunday or legal holiday in the State of New York, the performance of such act shall be considered timely if it is performed on the next succeeding day which is not a Saturday, Sunday or legal holiday.

SECTION 17: COUNTY TREASURER AS AGENT

(5) To delegate such functions and powers to any employee or employees of the County Treasurer’s Office;

(6) For cause shown, to remit penalties and to compromise disputed claims in connection with the taxes hereby imposed;

(7) To request information concerning motor vehicles and persons subject to the provisions of this local law from the Department of Transportation of the United States or any city or county of the State of New York, and to afford such information to such other state, treasury department, city or county any provision of this local law to the contrary notwithstanding;

(8) To request the Sheriff’s Department of the County to assist in the enforcement of the provisions of this law.

SECTION 18: AGREEMENT BETWEEN COUNTY TREASURER AND COMMISSIONER

SECTION 19: NOTIFICATION TO COUNTY ATTORNEY

SECTION 20: DISPOSITION OF REVENUES

All revenues resulting from the imposition of the tax under this local law shall be paid into the treasury of the County and shall be credited to and deposited in the general fund of the County.

SECTION 21: SEVERABILITY

SECTION 22: EFFECTIVE DATE

This local law shall become effective upon its filing with the NYS Department of State.

DISCUSSION: Legislator Larison said he is opposed to adding more fees to the taxpayers and will not support this resolution. Legislator Karius said she received a couple of calls from constituents on this issue. This tax can be a hardship with families with two cars, which is in most cases. She wondered what the difference was between this and paying a couple more dollars for land tax. Legislator Slusser pointed out that there are more vehicle owners than property owners. Legislator Yuhasz asked how much revenue they thought this would generate. Chairman Gifford said about $70,000 annually. Legislator Larison feels they would be taxing people twice, for land and vehicles. Legislator Slusser said no one is denying it is a tax and it is coming from the same people, he does not understand the argument. Legislator Karius asked if the revenue is already in the budget for 2004? Chairman Gifford said yes. Legislator Bleiler said it is the same amount of revenue whether we take it from property or cars. Our property tax is way out of line with most other counties. We are not out of line by raising this tax, most counties are charging more already. Legislator Bingell said $5 on a vehicle is about or less than a tank of gas. If one can afford a car, one can afford to pay this. If one owns more than one car, one can obviously afford this. Legislator Karius feels with the increase coming from sales tax, from Walmart and an increase in assessed value, the Legislature should not do this. There has to be other ways. Legislator Larison feels they need to look at everything they spend and if they are satisfied with the budget, then ask the taxpayers for the money. Legislator Bleiler said this county is mostly agriculture and those businesses get hit hard with property taxes. Every legislator had ample opportunity to take items out of the budget. Legislator Bingell feels this tax will hurt the fewest people the least in comparison to other taxes.

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

RESOLUTION NO. 517 Motion by Bingell, Second by Bleiler.

RE: RESOLUTION IN SUPPORT OF A SCHUYLER COUNTY CITIZEN CORPS COUNCIL AND AUTHORIZE SCHUYLER COUNTY TO BE THE LEAD AGENT IN APPLYING FOR A GRANT

WHEREAS, in response to events of September 11, 2001, President George W. Bush encourages every community to create a Citizen Corps Council, and

WHEREAS, the mission of Citizen Corps is to harness the power of every individual through
education, training, and volunteer service to make communities safer, stronger, and better prepared to respond to the threats of terrorism, crime, public health issues, and disasters of all kinds, and

WHEREAS, the Citizen Corps mission will be accomplished through a national network of state, local, and tribal Citizen Corps Councils. These Councils will build on community strengths to implement the Citizen Corps programs and will carry out a local strategy to have every American participate, and

WHEREAS, the Schuyler County Citizen Corps Council will promote and strengthen the Citizen Corps programs at the community level, such as Volunteers in Police Service programs, CERT teams, Medical Reserve Corps units, and Neighborhood Watch groups; provide opportunities for special skills and interests; develop targeted outreach for the community, including special needs groups; provide opportunities of training in first aid and emergency preparedness; organize special projects and community events; encourage cooperation and collaboration among community leaders; capture smart practices and report accomplishments; and create opportunities for all residents to participate, and

WHEREAS, official registration of the Schuyler County Citizen Corps Council requires documented support by local government officials, and

WHEREAS, a grant opportunity is currently available through the federal Department of Homeland Security for the development and implementation of local Citizen Corps services; for which a municipality must serve as the applicant, and

WHEREAS, representatives from Schuyler County Public Health, Schuyler County Emergency Management Office, American Red Cross serving Schuyler County and the Schuyler County Retired & Senior Volunteer Program (RSVP) have agreed to develop and write the application for said grant opportunity.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports the creation and development of the Schuyler County Citizen Corps Council, and authorizes submission of a letter describing such support to Andrea Haradon, Interim Chair, Schuyler County Citizen Corps Council, c/o Schuyler/Yates RSVP, 208 Broadway, Montour Falls, New York, 14865, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature will serve as applicant for the Fiscal Year 2004 “Citizen Corps Grant Program”, with no local match required, available though the Department of Homeland Security - Office of Domestic Preparedness Grants for State and Local Homeland Security Activities, and

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

DISCUSSION: The Clerk of the Legislature made it known that this is just to authorize the application and be the lead agency. If this is approved, it would need a subsequent resolution authorizing the contract. Beth Lisk stated that this is a two-year grant. They are not looking for a staff member, but a contract person paid for by the grant. Legislator Young asked who would administer the grant. The Clerk responded the grant administrator will be the Emergency Management Coordinator, Bill Kennedy.

VOTE: Passed 8-0.

RESOLUTION NO. 518 Motion by Bingell, Second by Bleiler.

RE: AUTHORIZE 2003 BUDGET MODIFICATION AND TRANSFER OF FUNDS – OFFICE FOR THE AGING

WHEREAS, the Schuyler County Office for the Aging has received notification that there is $2,377.13 carry-over grant funds available under Title VII of the Older Americans Act that can be used towards computer equipment that must be spent by December 31, 2003, and

WHEREAS, an additional $500 is necessary to have sufficient funds to purchase two computers, funds available in the 2003 Office for the Aging 6772.490 account for this.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to adjust the Office for the Aging 2003 budget, as follows:

AMOUNT ACCOUNT NO. DESCRIPTION

+ $ 2,377.13 6772.200 Equipment

+ 2,377.13 6772-4772 Federal Aid

+ 500.00 6772.200 Equipment

- 500.00 6772.490 Subcontracts

VOTE: Passed 8-0.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 6:18 p.m.

Gail M. Hughey, Clerk

YEAR END MEETING

DECEMBER 29, 2003

The December 29, 2003 Year End Meeting of the Schuyler County Legislature was called to order at 3:00 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present except Legislators Bingell and Slusser who were excused. Assistant County Attorney Morris was also present.

PUBLIC PARTICIPATION: None.

PRESENTATION OF CERTIFICATE OF RECOGNITION AND COUNTY KEY TO SANDRA “DENNY” TEETER: Chairman Gifford read the Certificate of Recognition aloud to Denny Teeter and presented her with a key to the county.

RESOLUTION NO. 519 Motion by Larison, Second by Yuhasz.

RE: APPROVE MINUTES OF THE NOVEMBER 10, 2003 REGULAR MEETING AND THE NOVEMBER 19, 2003 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the November 10, 2003 Regular Meeting and the November 19, 2003 Special Meeting of the Schuyler County Legislature be approved

VOTE: Passed 6-0.

RESOLUTION NO. 520 Motion by Bleiler, Second by Larison.

RE: AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS

BE IT RESOLVED, that the Schuyler County Treasurer be authorized to make the following account transfers in order to balance out the 2003 accounts, to wit:

, and

BE IT FURTHER RESOLVED, that this authorization shall include financing capital projects with fund balance as determined by the Schuyler County Treasurer.

VOTE: Passed 6-0.

RESOLUTION NO. 521 Motion by Bleiler, Second by Larison.

RE: DEDICATION OF 2003 PROCEEDINGS

WHEREAS, it has been the custom to give tribute in the printed Proceedings of the Schuyler County Legislature to employees who retire from county service or elected officials who leave office, as recognition for their dedication and service.

NOW, THEREFORE, BE IT RESOLVED, that the “Proceedings of the County Legislature of the County of Schuyler for the year 2003" contain a tribute to Shirley Churches (Deputy Emergency Management Coordinator), Tivon Meir (Services Aide-OFA), Linda Wood (Cleaner), Charles D. Povero (Heavy Equipment Operator), Ruth S. Young (Legislator), Nancy A. Peters (County Treasurer), James E. Halpin (Public Defender), Sandra Denise Teeter (Deputy Commissioner in the Board of Elections), Cheryl Wood (Caseworker), (subject to any other retirements effective by 12/31/02).

VOTE: Passed 6-0.

RESOLUTION NO. 522 Motion by Bleiler, Second by Larison.

RE: AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS

WHEREAS, there are shortages in the following accounts that cannot be covered within their respective budgets.

NOW, THEREFORE, BE IT RESOLVED, that the Treasurer is authorized to make the following transfers:

AMOUNT ACCOUNT NO. DESCRIPTION

+ 3,400.00 1170.435 Public Defender-Professional Fees & Services

+ 1,934.00 1170.563 Public Defender-Assigned Counsel

+ 198.00 1185.400 Coroner-Contractual Expense

+ 1,760.00 1950.400 Taxes & Assessments on Property

+ 845.00 2490.400 Community Colleges

+ 4,347.00 7989.400 Other Culture & Recreation (Snowmobile)

+ 4,347.00 7989-3889 Other Culture & Recreation - Revenue

+ 8,391.26 8740.400 Waneta/Lamoka Lakes Protection District

+130,000.00 9010.801 State Retirement

- 130,000.00 9060.807 Hospital & Medical Insurance

- 8,137.00 1990.500 Contingency

- 8,391.26 A887(A599) Reserve for Lakes Protection District

- 14,751.22 9550.900 Transfers

+ 2,000.00 1010.100 Legislature-Personal Services-Insurance.Buyout

+ 1,000.00 1165.100 Dist. Atty – Personal Services-Insurance Buyout

+ 1,000.00 1410.100 County Clerk-Personal Services-Insurance Buyout

+ 1,000.00 1460.100 Records Mgmt.-Personal Services-Insurance Buyout

+ 109.19 1620.100 Buildings & Grnds-Personal Services-Insurance Buyout

+ 4,747.24 4310.100 Mental Health-Personal Services-Insurance Buyout

+ 3,754.79 6010.100 Social Services-Personal Services-Insurance Buyout

+ 570.00 6510.100 Veterans Services-Personal Services-Insurance Buyout

+ 570.00 6772.100 Office for Aging-Personal Services-Insurance Buyout

VOTE: Passed 6-0.

RESOLUTION NO. 523 Motion by Larison, Second by Young.

RE: AUTHORIZATION TO FILL PROJECTED VACANT CASEWORKER POSITION IN ADULT SERVICES – DEPARTMENT OF SOCIAL SERVICES

WHEREAS, Cheryl Wood, a caseworker in the Adult Services unit, will be leaving the Department on December 31, 2003 after 10 years, 9 months of employment, and

WHEREAS, Adult Services is a four-person unit responsible for assisting and protecting elderly or disabled adults with financial management, protective and preventive services, case management and related services, and

WHEREAS, the absence of one person (25% of the staffing) in the unit will have an adverse effect on the elderly and disabled population of the County, and

WHEREAS, Resolution No. 439-03 requires a resolution to fill any and all vacancies.

NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be hereby authorized to fill the caseworker vacancy in the Adult Services unit created by the departure of Cheryl Wood, effective January 1, 2004, funding available in the 2004 Social Services budget, account no. 6010.100.

VOTE: Passed 6-0.

RESOLUTION NO. 524 Motion by Larison, Second by Young.

RE: AUTHORIZE ADVERTISEMENT AND/OR PURCHASE OF EQUIPMENT/VEHICLES - 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, and

WHEREAS, funding is available in the 2004 Machinery budget for the purchase of the following equipment and the 2004 General Fund Central Garage budget for the following vehicles:

a. One Ton Dump Truck

b. Central Garage Pick-up Truck-Highway

c. Central Garage Van-DSS

d. Four (4) Radios

e. Flat Bed Box

f. Tandem Dump Truck

g. Used Roller

h. Tractor/Mower

i. Dump Box

NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be hereby authorized to set specifications and to advertise for bids for the preceding equipment and vehicles and/or utilize State Bid Contract Vendors.

VOTE: Passed 6-0.

RESOLUTION NO. 525 Motion by Larison, Second by Young.

RE: RENEW AGREEMENT WITH HUMAN SERVICE DEVELOPMENT FOR EMERGENCY (BIOTERRORISM) PLANNING – PUBLIC HEALTH

WHEREAS, bioterrorism planning continues to be required by the NYS Department of Health, and

WHEREAS, Human Service Development is able to provide emergency planning services in compliance with Department of Health requirements.

NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Human Service Development for the provision of emergency planning coordination services at an amount not to exceed $25,000, effective August 1, 2003 through August 31, 2004, funds available in the Public Health Bioterrorism Grant budget, account no. 4010.400-4028, with no local share cost, subject to approval by the Schuyler County Attorney.

VOTE: Passed 6-0.

RESOLUTION NO. 526 Motion by Larison, Second by Young.

RE: AUTHORIZING THE FILING OF AN APPLICATION FOR A DELL RECYCLING GRANT FOR COMPUTER RECYCLING AND SIGNING OF THE ASSOCIATED CONTRACT, UNDER THE APPROPRIATE LAWS

WHEREAS, Dell Computer Inc. is providing financial support to public entities for one-day computer recycling events, and

WHEREAS, funds shall be used toward the organization, promotion, staging and processing involved in an effective, no-charge, “No Computer Should Go To Waste” computer collection event, and

WHEREAS, Schuyler County has not yet held a computer recycling event, but realizes a need to provide safe disposal options for county residents, and

WHEREAS, the event, if funded, will be held in conjunction with Chemung County, and

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

WHEREAS, it is necessary that an application be filed and a Contract by and between Dell Inc. and the MUNICIPALITY shall be executed for such aid.

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

1. That the filing of an application in a form required by Dell Inc. in conformity with the applicable laws including all understandings and assurances contained in said application is hereby authorized.

2. That the Chairman of the Legislature is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required to sign the resulting contract if said application is approved by Dell Inc.

3. That the MUNICIPALITY agrees that the County Treasurer’s Office will receive and disburse grant monies.

4. That Cornell Cooperative Extension of Schuyler County will administer grant monies and coordinate the computer collection event.

5. That the MUNICIPALITY and Chemung County will raise additional funds as needed for a successful computer collection event.

6. That this resolution shall take effect immediately.

VOTE: Passed 6-0.

RESOLUTION NO. 527 Motion by Larison, Second by Young.

RE: AUTHORIZE FILLING TWO (2) SEASONAL LABORER POSITIONS – HIGHWAY

WHEREAS, Resolution No. 439-03 requires a resolution to fill any and all vacancies, and

WHEREAS, the Highway Superintendent needs to fill two (2) Seasonal Laborer positions on a short-term basis due to an Auto Mechanic on three weeks’ vacation, a Heavy Equipment Operator on four week’s medical leave, and a grievance complicating the authorized filling of a vacant Laborer position, and

WHEREAS, it is essential to maintain the staffing level of the Highway Department in order to have an effective and efficient snow removal process.

NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be hereby authorized to fill two (2) Seasonal Laborer positions, funding available in the 2004 Highway budget.

VOTE: Passed 6-0.

RESOLUTION NO. 528 Motion by Larison, Second by Young.

RE: AMEND DEPARTMENT OF SOCIAL SERVICES 2003 BUDGET

WHEREAS, the Department of Social Services expects to exceed its 2003 budgets for Day Care, Medical Assistance, Family Assistance, Foster Care, Juvenile Delinquency and Safety Net, and

WHEREAS, the department expects increased revenue for these accounts.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following changes in the Department of Social Services 2003 Budget:

Appropriations
6055.400	Day Care	+	36,000
6101.400	Medical Assistance	+	15,000
6109.400	Family Assistance	+	25,000
6119.400	Foster Care and Adoption Subsidies	+	30,000
6123.400	Juvenile Delinquency	+	10,000
6140.400	Safety Net	+	10,000

Subtotal of Appropriations			126,000

Revenue
6055.3655	State Aid - Day Care	+	36,000
6102.3602	State Aid - MMIS	+	53,000
6109.4609	Federal Aid - Family Assistance	+	12,000
6119.4619	Federal Aid - Foster Care	+	15,000
6123.3623	State Aid - Juvenile Delinquency	+	5,000
6140.3640	State Aid - Safety Net	+	5,000

Subtotal of Revenue Accounts			126,000

VOTE: Passed 6-0.

RESOLUTION NO. 529 Motion by Larison, Second by Young.

RE: AUTHORIZE FILLING TYPIST/KEYBOARD SPECIALIST POSITION – EMERGENCY MANAGEMENT

WHEREAS, there is a pending vacancy in the position of Typist/Keyboard Specialist in the Office of Emergency Management, and

WHEREAS, Resolution No. 439-03 requires a resolution to fill any and all vacancies, and

WHEREAS, it is the recommendation of the Emergency Management Coordinator that this position be filled as soon as possible due to the workload.

NOW, THEREFORE, BE IT RESOLVED, that the Coordinator of Emergency Management be hereby authorized to advertise for and fill the pending vacant Typist/Keyboard Specialist position, Grade V, $11.47 per hour for 2004, effective after the final work day of the incumbent.

VOTE: Passed 6-0.

NEW BUSINESS: None.

UNFINISHED BUSINESS: None.

PUBLIC PARTICIPATION: None.

The Meeting adjourned at 3:08 p.m.

Gail M. Hughey, Clerk

Stacy B. Husted, Deputy Clerk

	EXHIBIT "A"
	MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES
	OCTOBER 1, 2002 THROUGH MARCH 31, 2003
	In Assessed	Out Assessed	Total Value	Total Dbid.	Vill. Share	Town Share	Distribution	Percentage
Catharine	12,261,476	37,201,692	49,463,168	98,926,336	968.49	6,845.38	7,813.87	12.3946

Cayuta		19,777,294	19,777,294	39,554,588		1,812.30	1,812.30	0.0000

Dix WG	66,254,261	72,139,753	141,346,988	282,693,976	5,502.76	17,731.20	23,479.22	23.4367
Dix MF	2,952,974				245.26			1.0446

Hector	7,730,787	183,896,325	191,627,112	383,254,224	757.47	36,794.21	37,551.68	2.0171

Montour-OD	2,626,717	26,614,403	63,842,442	127,684,884	284.60	9,800.91	13,834.53	2.0572
Montour-MF	34,601,322				3,749.02			27.0990

Orange		50,644,157	50,644,157	101,288,314		10,275.29	10,275.29	0.0000

Reading	11,093,823	96,610,632	107,704,455	215,408,910	558.45	10,285.04	10,843.49	5.1501

Tyrone		82,276,533	82,276,533	164,553,066		8,954.08	8,954.08	0.0000

TOTALS	137,521,360	569,160,789	706,682,149	1,413,364,298	12,066.06	102,498.40	114,564.46	73.1993
		APPROVED BY COMMITTEE:
					Daryl M. Slusser

					Delmar F. Bleiler

					Glenn R. Larison

					Sharon S. Bingell

	EXHIBIT "A"
	MORTGAGE TAX DISTRIBUTION AMONG TOWNS AND VILLAGES
APRIL 1, 2003 THROUGH SEPTEMBER 30, 2003

	In Assessed	Out Assessed	Total Value	Total Dbid.	Vill. Share	Town Share	Distribution	Percentage
Catharine	12,261,476	37,201,692	49,463,168	98,926,336	1,304.33	9,219.12	10,523.45	12.3946

Cayuta		19,777,294	19,777,294	39,554,588		2,171.16	2,171.16	0.0000

Dix WG	66,254,261	72,139,753	141,346,988	282,693,976	7,008.21	22,582.09	29,902.66	23.4367
Dix MF	2,952,974				312.36			1.0446

Hector	7,730,787	183,896,325	191,627,112	383,254,224	1,072.23	52,083.88	53,156.11	2.0171

Montour-OD	2,626,717	26,614,403	63,842,442	127,684,884	449.62	15,483.59	21,855.95	2.0572
Montour-MF	34,601,322				5,922.74			27.0990

Orange		50,644,157	50,644,157	101,288,314		7,970.89	7,970.89	0.0000

Reading	11,093,823	96,610,632	107,704,455	215,408,910	1,144.53	21,078.92	22,223.45	5.1501

Tyrone		82,276,533	82,276,533	164,553,066		13,481.14	13,481.14	0.0000

TOTALS	137,521,360	569,160,789	706,682,149	1,413,364,298	17,214.03	144,070.78	161,284.81	73.1993
		APPROVED BY COMMITTEE:
					Delmar F. Bleiler, Acting Chairman

					Glenn R. Larison

					Sharon S. Bingell

					Thomas M. Gifford

ORGANIZATIONAL MEETING

JANUARY 6, 2003

REGULAR MEETING

LOCAL LAW INTRO. NO. 1 OF THE YEAR 2003

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

FINGER LAKES RESOURCE CONSERVATION & DEVELOPMENT COUNCIL

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

LOCAL EARLY INTERVENTION COORDINATING COUNCIL

LOCAL EARLY INTERVENTION COORDINATING COUNCIL CONTINUED

SPECIAL MEETING

FEBRUARY 3, 2003

RE: RATIFICATION OF SPECIAL MEETING

REGULAR MEETING

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

RE: RATIFICATION OF SPECIAL MEETING

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

REGULAR MEETING

MARCH 10, 2003

LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2003

ALL BIDS ACCEPTED

ONLY BID RECEIVED

ALL BIDS ACCEPTED

ALL BIDS ACCEPTED

ALL BIDS ACCEPTED

ONLY BID RECEIVED

SPECIAL MEETING

RE: RATIFICATION OF SPECIAL MEETING

RE: APPROVE APPLICATION FOR CREDIT OF REAL PROPERTY TAXES – CRANCE

WHEREAS, the Schuyler County Board of Elections needs to keep informed about election reform, National Voter Registration Act, electronic voting machines, and upcoming changes that will impact the county office, and

LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 4 OF THE YEAR 2003

COUNTY ROAD

MACHINERY

RE: RATIFICATION OF SPECIAL MEETING

RE: RATIFICATION OF SPECIAL MEETING

REGULAR MEETING

USE IN VEHICLE

ATTACHMENT #1

SPECIAL MEETING

RE: RATIFICATION OF SPECIAL MEETING

REGULAR MEETING

OCTOBER 14, 2003

LOCAL LAW INTRO. NO. 5 OF THE YEAR 2003

LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2003

COUNTY ROAD

MACHINERY

RE: RATIFICATION OF SPECIAL MEETING

LOCAL LAW INTRO. NO. 6 OF THE YEAR 2003

SECTION 2: IMPOSITION OF TAX

SECTION 3: EXEMPTIONS

SECTION 4: PAYMENT OF TAX AND EVIDENCE OF TAX PAYMENT

SECTION 5: RETURNS

SECTION 6: DETERMINATION OF TAX

SECTION 7: REFUND OF CERTAIN UNUSED REGISTRATIONS

SECTION 8: REFUNDS

SECTION 9: RESERVES

SECTION 10: REMEDIES EXCLUSIVE

SECTION 11: PROCEEDING TO RECOVER TAX

SECTION 12: GENERAL POWERS OF THE COMMISSIONER

SECTION 13: ADMINISTRATION OF OATHS AND COMPELLING TESTIMONY

SECTION 14: PENALTIES AND INTEREST

SECTION 15: RETURNS TO BE SECRET

SECTION 16: NOTICES AND LIMITATIONS OF TIME

SECTION 17: COUNTY TREASURER AS AGENT

SECTION 18: AGREEMENT BETWEEN COUNTY TREASURER AND COMMISSIONER

SECTION 19: NOTIFICATION TO COUNTY ATTORNEY

SECTION 20: DISPOSITION OF REVENUES

SECTION 21: SEVERABILITY

SECTION 22: EFFECTIVE DATE

PUBLIC HEARING