PROCEEDINGS OF THE YEAR 2009 1 ORGANIZATIONAL MEETING JANUARY 7, 2009

The January 7, 2009 Organizational Meeting of the Schuyler County Legislature was called to order at 9:06 a.m. by Stacy B. Husted, Clerk, acting as Temporary Chair. The Pledge of Allegiance was led by Legislator Gifford and Followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was absent. Assistant County Attorney Dennis Morris and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None. The Acting Chair asked for nominations from the floor for Chairman of the Legislature for the year 2009. MOTION by Legislator Marcellus to nominate Legislator Thomas M. Gifford as Chairman, SECOND by Legislator Field. Acting Chair asked for other nominations and there were none. RESOLUTION NO. 1 Motion by Marcellus, Second by Field. RE: CLOSE NOMINATIONS - 2009 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the nominations for the 2009 Chairperson of the Schuyler County Legislature be closed. Vote: 7-0. RESOLUTION NO. 2 Motion by Field, Second by Fagan. RE: APPOINTMENT – THOMAS M. GIFFORD CHAIR, SCHUYLER COUNTY LEGISLATURE – 2009 BE IT RESOLVED, that Thomas M. Gifford be Chairperson of the Schuyler County Legislature for the year 2009, and BE IT FURTHER RESOLVED, that the salary for the Chairman shall be $5,341 for the year 2009. Vote: 7-0. RESOLUTION NO. 3 Motion by Larison, Second by Bleiler. RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 2009 BE IT RESOLVED, that the duly authorized vice-chairman successors for "Continuity of Local Government", as prescribed by Schuyler County Local Law No. 1-1972, be adopted for the year 2009, as follows: Chairman Thomas M. Gifford #1 Vice-Chairman Doris L. Karius #2 Vice-Chairman Delmar F. Bleiler, Jr. #3 Vice-Chairman Glenn R. Larison #4 Vice-Chairman Michael A. Yuhasz #5 Vice-Chairman Dennis A. Fagan #6 Vice-Chairman Paul N. Marcellus #7 Vice-Chairman Stewart F. Field, Jr. Vote: 7-0. RESOLUTION NO. 4 Motion by Larison, Second by Bleiler. RE: DESIGNATION OF LEGAL COUNTY NEWSPAPER BE IT RESOLVED, that The Watkins Review & Express weekly newspaper within Schuyler County, be designated as the legal County paper to publish resolutions, election notices, official canvass and other notices. Vote: 7-0. RESOLUTION NO. 5 Motion by Larison, Second by Bleiler. RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS BE IT RESOLVED, that the Depositories for Schuyler County funds be the following banks and for the following amounts: HSBC Watkins Glen Office Franklin at Eight Street Watkins Glen, NY 14891 $8,000,000.00 2 SCHUYLER COUNTY LEGISLATURE

CHEMUNG CANAL TRUST COMPANY Montour Falls or Watkins Glen Office 303 W. Main Street Montour Falls, NY 14865 $8,000,000.00

TOMPKINS COUNTY TRUST COMPANY Main Street Odessa, NY 14869 $8,000,000.00

CHASE MANHATTAN 1975 Lake Street Elmira, NY 14901 $8,000,000.00

COMMUNITY BANK, N.A. Watkins Glen Office 401 N. Franklin Street Watkins Glen, NY 14891 $8,000,000.00 Vote: 7-0. RESOLUTION NO. 6 Motion by Larison, Second by Karius. RE: CONFORM TO "RULES OF PROCEDURE" BE IT RESOLVED, that the "Rules of Procedure", as adopted on January 13, 1992 to be effective January 13, 1992, as amended on October 12, 1999, as amended on May 10, 2004, as amended on June 12, 2006, and as amended on January 1, 2007, be conformed to. Vote: 7-0. RESOLUTION NO. 7 Motion by Larison, Second by Karius. RE: APPOINTMENT - CHIEF CORONER FOR 2009 BE IT RESOLVED, that this Legislature, upon the recommendation of the elected coroners, acknowledges and accepts the appointment of Blanche Borzell, M.D. as Chief Coroner for the year 2009, at an additional stipend of $2,500 for administrative duties to be paid quarterly at the rate of $625.00 per quarter. Vote: 7-0. RESOLUTION NO. 8 Motion by Larison, Second by Karius. RE: APPOINTMENT – COUNTY HISTORIAN BE IT RESOLVED, that Barbara Bell be appointed as County Historian for the year 2009. Vote: 7-0. RESOLUTION NO. 9 Motion by Larison, Second by Karius. RE: ADOPT SCHEDULE OF SALARIES FOR 2009 BE IT RESOLVED, that the Schedule of Salaries for 2009, as attached hereto, be adopted, effective January 1, 2009, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 2009 Salary Schedule. Vote: 7-0. RESOLUTION NO. 10 Motion by Larison, Second by Karius. RE: ADOPT PURCHASING POLICIES & PROCEDURES BE IT RESOLVED, that the Purchasing Policies & Procedures for 2008, as attached hereto, be adopted, effective January 1, 2009. Vote: 7-0. PUBLIC PARTICIPATION: None The Meeting adjourned at 9:13 a.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk PROCEEDINGS OF THE YEAR 2009 3

REGULAR MEETING JANUARY 12, 2009

The January 12, 2009 Regular Meeting was called to order by Chairman Gifford at 6:30 p.m. The Pledge of Allegiance was led by Legislator Karius followed by a Moment of Silence. All Legislators were present except Legislators Yuhasz and Marcellus who were excused. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: Mr. Tim Dunlop spoke regarding the Local Law on the agenda prohibiting Texting While Driving. He said there are already two laws on the books that are not being enforced now at the state level. They are having your head lights on when it is raining and talking on cell phones while driving. He doesn’t feel it makes any sense to him to add another law that will not be enforced. 6:45 P.M. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 7 OF THE YEAR 2008/LOCAL LAW NO. OF THE YEAR 2009 AMENDING LOCAL LAW NO. 1 OF 1990 TO HAVE NO TERM LIMITS: None. RESOLUTION NO. 11 Motion by Larison, Second by Fagan. RE: APPROVE MINUTES OF THE DECEMBER 8, 2008 REGULAR MEETING AND THE DECEMBER 30, 2008 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the December 8, 2008 Regular Meeting and the December 30, 2008 Year End Meeting of the Schuyler County Legislature be approved. Vote: 6-0. RESOLUTION NO. 12 Motion by Bleiler, Second by Field. RE: AUTHORIZE GRANT APPLICATION FOR HOMELAND SECURITY INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM– EMERGENCY MANAGEMENT WHEREAS, the New York State NYS Office of Homeland Security is accepting applications for a competitive grant to fund Interoperable Emergency Communications projects and, WHEREAS, the Emergency Communications System in Schuyler County does not meet the current needs of the emergency services and, WHEREAS, the Emergency Management Office wishes to apply for approximately $700,000 under the Interoperable Emergency Communications Program to fund much needed system upgrades and, WHEREAS, there is a 25% local match and. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the Homeland Security Interoperable Emergency Communications Grant Program; subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 13 Motion by Bleiler, Second by Field. RE: AUTHORIZE AMENDING THE 2009 BUDGET FOR PUBLIC SAFETY COMMUNICATION – EMERGENCY MANAGEMENT WHEREAS, Resolution No. 445-08 accepted bids for 911 center upgrades, and WHEREAS, funding in the amount of $140,000 for this project will be taken from the E911 Reserve Account and the remaining $85,000 will be taken from 2007 Homeland Security Funding, and WHEREAS, the 2009 appropriations will need to be amended in regards to the 2007 Homeland Security Funding in order to purchase said equipment. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2009 Emergency Management Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$85,000 3020.200 Equipment +$85,000 3020-3389 Homeland Security Revenue Vote: 6-0. RESOLUTION NO. 14 Motion by Bleiler, Second by Field. 4 SCHUYLER COUNTY LEGISLATURE RE: APPROVE ALTERNATIVES TO INCARCERATION SERVICE PLAN FOR 2009 - PROBATION DEPARTMENT WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for 2009, and WHEREAS, the said Plan and Budget have been reviewed, and both appear to be in order and have been approved by the Public Safety/Criminal Justice Committee of this Legislature. NOW, THEREFORE, BE IT RESOLVED, that the 2009 Alternatives to Incarceration Service 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 New York State Division of Probation and Correctional Alternatives for final approval. Vote: 6-0. RESOLUTION NO. 15 Motion by Larison, Second by Bleiler. RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2009 PROHIBITING TEXT MESSAGING WHILE DRIVING WHEREAS, the Public Safety/Criminal Justice Committee wishes to adopt a Local Law to prohibit text messaging while driving. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. 2 of the year 2009 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on February 11, 2009 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2009 A Local Law Prohibiting Text Messaging While Driving. Be it enacted by the Legislature of the County of Schuyler as follows: Section 1. Legislative Intent. 1. This Governing Body finds that distracted drivers are the cause of a significant percentage of motor vehicle accidents. 2. This Governing Body finds that a motor vehicle driver who composes, sends, or reads text messages while driving is adversely affecting his or her driver reaction time and attention, which inevitably decreases public safety. 3. This Governing Body finds that there is an increased number of distracted drivers who are composing, sending or reading text messages while driving, and that these actions currently are not prohibited by any federal, state or local law. 4. This Governing Body finds that it is in the best interest and safety of the driving public to prohibit drivers from composing, reading or sending text message while driving. Section 2. Definitions. 1. “Text message”, also referred to as “short messaging service” (SMS), shall mean the process by which users send, read or receive messages on a wireless handset, including but not limited to, text messages, instant messages, electronic messages or e-mails, in order to communicate with any person or device. 2. “Hands-free” shall mean the manner in which a wireless handset is operated for the purpose of composing, reading or sending text messages, by using an internal feature or function, or through an attachment or addition, including but not limited to an ear piece, head set, remote microphone or short- range wireless connection, thereby allowing the user to operate said device without the use of hands. 3. “Inoperability” shall mean a motor vehicle that is incapable of being operated or being operated in a safe and prudent manner due to mechanical failure, including but not limited to engine overheating or tire failure. 4. “Motor vehicle” shall mean any vehicle that is self-propelled by a motor, including but not limited to automobiles, trucks, vans, construction vehicles, etc… 5. “Person” shall mean any natural person, corporation, unincorporated association, firm, partnership, joint venture, joint stock association, or other entity or business organization of any kind. PROCEEDINGS OF THE YEAR 2009 5 6. “Use” shall mean to hold a wireless handset in one’s hand, or to activate, deactivate or initiate functions or keys on a wireless handset. 7. “Wireless handset” shall mean a portable electronic or computing device, including cellular telephones and personal digital assistants (PDAs), capable of transmitting data in the form of a text message. Section 3. Prohibitions. 1. No person shall use a wireless handset to compose, read or send text messages while operating a motor vehicle on any public highway within the County of Schuyler. 2. Subdivision one of this section shall not be construed to prohibit the use of any wireless handset by: a. Any law enforcement, public safety or police officers, emergency services officials, and fire safety officials in the performance of duties arising out of and in the course of their employment; b. A person using a wireless handset to contact any law enforcement, public safety, fire safety, or emergency services officials. c. A person using a wireless handset while the motor vehicle is parked, standing or stopped, or while such motor vehicle is stopped due to the inoperability of the motor vehicle. 3. Subdivision one of this section shall not be construed to prohibit a person from operating a motor vehicle while using a “hands free” wireless handset. Section 4. Penalties. 1. A violation of this law shall constitute an offense, and shall be punishable by a fine not exceeding $150.00 for each violation. Each such violation shall constitute a separate and distinct offense. 2. This law shall be enforced by any law enforcement agency having jurisdiction. Section 5. Applicability. 1. This law shall apply to all actions occurring on or after the effective date of this law. Section 6. Reverse Preemption. This law shall be null and void on the day that statewide legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this law, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Schuyler. The County Legislature may determine by resolution whether or not identical or substantially similar statewide legislation or pertinent preempting state or federal regulations have been enacted for the purposes of triggering the provisions of this section. Section 7. Severability. If any clause, sentence, paragraph, subdivision, section or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered. Section 8. Effective date. This law shall take effect upon filing with the Secretary of State Vote: 6-0. DISCUSSION: Legislator Bleiler believes it is right to have this law and appropriate to pass the law. He feels that if our Laws are not being enforced then every citizen should be aware and get involved. If you see someone that is violating the law, you should call and report it. He feels the Highways would be safer. Legislator Larison feels they should not stand by and allow this reckless driving to occur. Kids are getting killed on our Highways. RESOLUTION NO. 16 Motion by Larison, Second by Bleiler. RE: RESOLUTION URGING THE GOVERNOR’S TRAFFIC SAFETY COMMITTEE TO PROVIDE SPECIFIC FUNDING FOR SHERIFFS’ OFFICES TO AID THEIR EFFORTS IN TAKING ACTION AGAINST DISTRACTED DRIVING WHEREAS, Sheriffs’ offices across New York are taking action against driver distraction by focusing their attention on what motorists are doing while driving, and 6 SCHUYLER COUNTY LEGISLATURE WHEREAS, Sheriffs’ from across the state recently participated in a week-long targeted effort to reinforce the enormous responsibility that every driver shares when operating a motor vehicle, and to emphasize the notion that operating a motor vehicle warrants a driver’s full attention, and WHEREAS, in 2003, research by the National Highway Traffic Administration estimated that driver inattention contributed to 25% of police-reported crashes, and WHEREAS, in 2006, another study determined that driver distraction/inattention was a leading contributing factor in automobile crashes and near-crashes, that study showed that almost 80% of automobile crashes and 65% of near-crashes occurred within three seconds of some type of distraction, primarily cell phone use, and WHEREAS, in 1985, there were roughly 91,600 mobile phone subscribers in the United States, that number increased to 197,680,000 in 2005 and continues to grow, and WHEREAS, it is estimated that 70 to 90 percent of drivers in the United States use their phones while driving at least some of the time and that at any one time 3% to 5% of drivers are talking on their phone, and WHEREAS, Sheriffs’ Departments hope to minimize the adverse effects of driver distraction and improve the safety on our roadways through raising awareness and enforcement, and WHEREAS, the Governor’s Traffic Safety Committee (GTSC), charged with coordinating traffic safety activities throughout the state, provides timely, accurate and useful news, information and other resources about traffic safety and the State’s Highway Safety Grant Program. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the GTSC to partner with Sheriffs’ Departments and provide direct funding for road patrols to build up an increased presence on the roadways of New York State, in an effort to promote safe driving habits, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature shall forward copies of this Resolution to the Governor, the Chairman of the GTSC, New York State Association of Counties, Inter-County Association of Western New York, and all others deemed necessary and proper. Vote: 6-0. RESOLUTION NO. 17 Motion by Larison, Second by Bleiler. RE: RECOGNIZE JANUARY 18 - 24, 2009 AS HEALTHY WEIGHT WEEK - PUBLIC HEALTH WHEREAS, the 16th annual Healthy Weight Week is a time to celebrate healthy living habits that last a lifetime and prevent eating and weight problems, rather than intensifying them, as diets do, and WHEREAS, traditionally many Americans begin a diet the first week in January and don’t follow through with it the second week, and WHEREAS, Health Weight Week is a time to stop dieting for good and help people normalize their lives, and WHEREAS, Healthy Weight Week promotes healthy non-diet lifestyles for children and adults of every size and helps them move ahead to healthy habits they can live with long term, and WHEREAS, being active in your own way every day focuses on the pleasure of movement and its health and energy benefits, and WHEREAS, eating well, including all five food groups every day provides balanced and varied choices. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognize January 18 - 24, 2009 as Healthy Weight Week. Vote: 6-0. RESOLUTION NO. 18 Motion by Larison, Second by Bleiler. RE: RECOGNIZE FEBRUARY 2009 AS AMERICAN HEART MONTH - PUBLIC HEALTH WHEREAS, an estimated 80,700,000 American adults (one in three) have one or more types of cardiovascular disease, of whom 38,200,000 are estimated to be age 60 or older, and WHEREAS, each year over $33 billion in medical costs and $9 billion in lost productivity due to heart disease, cancer, stroke and diabetes are attributed to poor nutrition, and WHEREAS, the total direct and indirect costs of cardiovascular diseases and stroke in the United States for 2008 is estimated at $448.5 billion, and PROCEEDINGS OF THE YEAR 2009 7 WHEREAS, this figure includes health expenditures (direct costs, which include the cost of physicians and other professionals, hospital and nursing home services, medications, home health care and other medical durables) and lost productivity resulting from morbidity and mortality (indirect costs), and WHEREAS, many conditions that put people at risk for heart disease, such as high cholesterol and high blood pressure, are hard to detect without screening, and WHEREAS, people who are overweight and less active are most prone to high blood pressure, and WHEREAS, regular brisk walks and better dietary habits with less salt intake are key. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognize February 2009 as American Heart Month. Vote: 6-0. RESOLUTION NO. 19 Motion by Larison, Second by Bleiler. RE: AUTHORIZE AGREEMENT WITH HUNT ENGINEERS, ARCHITECTS & SURVEYORS FOR SCHUYLER SHARED PUBLIC WORKS FACILITY– BUILDINGS & GROUNDS WHEREAS, bids where received and have been awarded for the construction of a new Shared Public Works Facility, and WHEREAS, the County requires the continued service of Hunt Engineers, Architects & Surveyors through the construction phase of the project. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Hunt Engineers Architects & Surveyors for Construction Services for the Shared Public Works Facility for a contract sum not to exceed $50,000, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLOVED, that the funding for this contract is available in the Shared Public Works Facility Capital Account. Vote: 6-0. RESOLUTION NO. 20 Motion by Larison, Second by Bleiler. RE: ACCEPT/REJECT HVAC REPAIR/MAINTENANCE BIDS FOR COUNTY HVAC UNITS – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 414-08 authorized the Building Maintenance Supervisor to provide bid documents and go out to bid for HVAC Repair and Maintenance support, and NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisors recommendation of the following bidders for HVAC Repair and Maintenance, and Bouille Electric, Inc. Collins and Walton, Inc ICT Mechanical Services, Inc BE IT FURTHER RESOLVED, that the costs are to be paid from the account no. 1620-490, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contracts with the above, subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 21 Motion by Karius, Second by Larioson. RE: AMEND AND ADOPT THE REVISED MANAGEMENT/CONFIDENTIAL SALARY PLAN – HUMAN RESOURCES WHEREAS, per previous resolutions, there have been numerous changes to the positions in the Management/Confidential Salary Plan (“the Plan”) as follows:  Creation of Confidential Secretary to the Sheriff  Creation of Purchasing Consultant  Change in Factor Rating and Grade for Watershed Inspector  Change in Factor Rating and Grade for Director of Real Property Tax Services, and WHEREAS, per previous resolution, the grade levels in the Plan have been adjusted by a Cost of Living Adjustment of 3.6% effective January 1, 2009, and 8 SCHUYLER COUNTY LEGISLATURE WHEREAS, it is the recommendation of the County Administrator and Human Resources Director that a portion of Section III, Performance Appraisals, be revised as follows: Performance appraisals will be conducted annually in the month of the anniversary date of the employee was placed in or promoted within the Plan. An employee hired after October 1st of a year will not receive a performance appraisal until the following year and will only receive a Cost of Living Adjustment. An employee hired prior to October 1st of a year will receive a performance appraisal to be conducted prior to December 15th. In the case of an appointed official in the middle of a term, the performance appraisal will be conducted prior to October 1st of a year. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby amends and adopts the revised Management/Confidential Salary Plan as outlined above effective January 1, 2009. Vote: 6-0. RESOLUTION NO. 22 Motion by Karius, Second by Larison. RE: AUTHORIZE AN APPLICATION WITH THE LOCAL RECORDS MANAGEMENT IMPROVEMENT FUND FOR MICROFILMING – RECORDS MANAGEMENT WHEREAS, Schuyler County and the Village of Watkins Glen wish to participate in a cooperative grant application for microfilming vital records, and WHEREAS, said grant application requires no local share costs. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to said grant application with the Local Records Management Improvement Fund for microfilming for the term July 1, 2009 thru June 30, 2010, in an amount not to exceed $30,000.00, subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 23 Motion by Karius, Second by Larison RE: LOCAL LAW INTRO. NO. 7 OF THE YEAR 2008/LOCAL LAW NO. 1 OF THE YEAR 2009 AMENDING LOCAL LAW NO. 1 OF THE YEAR 1990 TO HAVE NO TERM LIMITS WHEREAS, Local Law Intro. No. 7 of the Year 2008/Local Law No. 1 of the Year 2009 Amending Local Law No. 1 of the Year 1990 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held January 12, 2009 at 6:45 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 7 of the Year 2008/Local Law No. 1 of the Year 2009, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 7 of the Year 2008/Local Law No. 1 of the Year 2009, together with the required text thereof in the official County newspaper. LOCAL LAW INTRO. NO. 7 OF THE YEAR 2008/LOCAL LAW NO. 1 OF THE YEAR 2009 A Local Law Amending Local Law No.1 of the Year 1990 Be amended to read as follows: Section 1. As authorized by the provisions of Article 41, Section 41.11 (d) of the Mental Hygiene Law and the Municipal Home Rule Law of the State of New York, and does hereby authorize and permit members of the Community Services Board, or any of its sub-committees, to serve for more that three consecutive terms, and Section 2. This local law takes effect immediately. Vote: 6-0. RESOLUTION NO. 24 Motion by Fagan, Second by Field. 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, 2008 through March 31, 2013). PROCEEDINGS OF THE YEAR 2009 9 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: 6-0. RESOLUTION NO. 25 Motion by Larison, Second by Karius. RE: AUTHORIZE APPOINTMENT OF PERSONNEL OFFICER TRAINEE AND PERSONNEL OFFICER WHEREAS, Resolution No. 522-08 authorized the creation and filling of the Personnel Officer Trainee position, and WHEREAS, it is the recommendation of the County Administrator, Human Resources Director, and Personnel Officer that Lorraine G. Johnson be appointed as Personnel Officer Trainee. NOW, THEREFORE, BE IT RESOLVED, that Lorraine G. Johnson be appointed Personnel Officer Trainee effective January 26, 2009, at an annual salary of $42,064, in Grade Level G in the Management/Confidential Salary Plan, and BE IT FURTHER RESOLVED, that Lorraine G. Johnson be appointed as Personnel Officer for a six year term effective February 28, 2009 to February 27, 2015, at an annual salary of $46,415 in Grade Level H of the Management/Confidential Salary Plan, and that the Personnel Officer Trainee position be abolished. Vote: 6-0. RESOLUTION NO. 26 Motion by Larison., Second by Karius. RE: ONE-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2009 through December 31, 2009, to wit: BARGAINING UNIT COMMITTEES County Administrator Human Resource Director Co-Chief Negotiators Committee Chair of Management & Finance CHILD CARE COORDINATING COUNCIL Delmar Bleiler, Legislature COMMUNITY HOME HEALTH CARE PROFESSIONAL ADVISORY COUNCIL Thomas Gifford – Chairman of the Legislature James Coleman, MD – Medical Director Elizabeth Hayes, RN Pamela Larnard – Deputy Director Mental Health Marcia Kasprzyk, RN – Deputy Director Public Health Ruth Bedient, HHA – Member at Large Rita Tague, RN – Schuyler Hospital Patty Secord – Office for the Aging Sarah Mathews – DSS John Bullett, ST – Speech Therapist Michael Sandritter, PT – Physical Therapist Linda Donelson, RN – Falls Home Camelia Oswald, RN – Public Health Jagmohan Singh, MD - Schuyler Hospital EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE Thomas Gifford, Chairman of the Legislature Charles Franzese, Engineer ECONOMIC OPPORTUNITY PROGRAM Bill Weiss, Director Social Services (Filling Doris Karius un-expired term) ENVIRONMENTAL MANAGEMENT COUNCIL 10 SCHUYLER COUNTY LEGISLATURE Paul N. Marcellus, Legislator FINGER LAKES RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. Timothy Hicks, Watershed Inspector FIRE SAFETY BOARD Brian Hudson/Tim Hudson – Beaver Dams Jason Kelly/Curt Connelly – Burdett Al Foote/Brian Gunning – Mecklenburg Bill Mullaney/Larry States – Monterey Tom Carson/Jim Ryan – Montour Falls John Jelliff/Mike Tomassi – Odessa Audie Kline/Al Buckland – Tyrone Mike Hicks/Brandon Karius – Valois-Logan Hector Dominick Smith/Jud Smith – Watkins Glen Stewart F. Field, Jr. – Legislator FISH & WILDLIFE MANAGEMENT BOARD Ray Ector INTER-COUNTY ASSOCIATION OF WESTERN NEW YORK Thomas M. Gifford, Chairman of the Legislature Glenn R. Larison, Legislature Stacy B. Husted, Clerk of the Legislature LOCAL EARLY INTERVENTION COORDINATING COUNCIL Nan Woodard Shaw, WGCS District Sandra Young, OMCS District Lisa Crouch, Schuyler ARC Erik Miller, Provider Beverly Clickner, Social Services Pamela Larnard, Mental Health Wendy Underdown, Parent Nancy St. Julien, Parent Ken Seaman, Parent Marcia Kazprzyk, Early Intervention Official, Public Health JoAnn Fratarcangelo, Youth Bureau/Families First Michael Yuhasz, Legislature Patricia Hurld, NYS DOH Kathy Ector, Child Care Council RSVP Advisory Council Glenn R. Larison, Legislature OFFICE FOR THE AGING ADVISORY COUNCIL Theodore Specchio SCOPED Thomas M. Gifford, Chairman, Schuyler County Legislature SOIL AND WATER CONSERVATION BOARD Glenn R, Larison, Legislature Doris L. Karius, Legislature Vote: 6-0. RESOLUTION NO. 27 Motion by Larison, Second by Karius. RE: TWO-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2009 through December 31, 2010, to wit: ENVIRONMENTAL MANAGEMENT COUNCIL PROCEEDINGS OF THE YEAR 2009 11 Edward Gates, Member at Large Kate Bartholomew, Member at Large John Flowers, Member at Large Richard Owlett, Member at Large Jeff Mangus, Town of Hector FISH & WILDLIFE MANAGEMENT BOARD Barlow Rhodes, Landowner LABOR/MANAGEMENT COMMITTEE Chairman of the Legislature County Administrator Human Resources Director LAW LIBRARY BOARD OF TRUSTEES Michael A. Yuhasz OFFICE FOR THE AGING ADVISORY COUNCIL Marge Arcangeli, RSVP Emily Grimmke-William, Schuyler Hispital Dorothy Huey, Tyrone Elaine Dahl, Tyrone Barbara Berghoff, Montour Falls/Consumer Camelia Oswald, Public Health Thomas M Gifford, Chairman, Legislature Maris Scott, ARC Robert Burnside, Dix Alice Quinata Eastwood, Watkins Glen Philip Smith, Veterans Services Beth MacIntyre-Lisk, RSVP SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD Tim O’Hearn Vote: 6-0. RESOLUTION NO. 28 Motion by Karius, Second by Larison. RE: TWO-YEAR APPOINTMENTS NON-CALENDAR YEAR BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below board, committee, agency, for the term November 1, 2008 through October 31, 2009, to wit: WORKFORCE DEVELOPMENT BOARD Troy Preston, Schuyler Hospital, HR Director Vote: 6-0. RESOLUTION NO. 29 Motion by Karius, Second by Larison. RE: THREE-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2009 through December 31, 2011, to wit: EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE Richard Churches, Driver Training Thomas Struble, Watkins Glen Police Chief Greg Mathews, Highway Superintendent William Yessman, Sheriff FOREST PRACTICE BOARD Brett Chedzoy, Forest Landowner Barlow Rhodes, Forest Landowner

12 SCHUYLER COUNTY LEGISLATURE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY – SCIDA Jerold Marvel Carl Taber SCOPED Stewart F. Field, Jr. Legislature SOIL AND WATER CONSERVATION BOARD Doug Learn, Grange James Hazlitt, Farm Bureau YOUTH BOARD Peggy Tomassi, District III Mary Wilson, Member at Large Robin Travis, Member at Large Beverley Clickner, Social Services David Warren, Watkins Glen High School Principal Dr. Billie Bauman, Watkins Glen District Administrator Kristine Somerville, Watkins Glen Middle School Principal Nan Woodworth-Shaw, Watkins Glen Director of Special Services Rodney Weeden, Watkins Glen Elementary Principal Denise Wickham, Watkins Glen Director of Athletics Vote: 6-0. RESOLUTION NO. 30 Motion by Karius, Second by Larison. RE: FOUR-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2009 through December 31, 2012, to wit: ALCOHOLISM AND SUBSTANCE ABUSE Matt Hayden Michelle Ormsbee Christopher Rosno COMMUNITY SERVICES BOARD Edward Lovell Matt Hayden, Assistant District Attorney MENTAL HEALTH SUBCOMMITTEES Tamre Waite, Office for the Aging Vote: 6-0. RESOLUTION NO. 31 Motion by Karius, Second by Larison. RE: APPOINTMENTS TO BOARDS WITH NO TERMS BE IT RESOLVED, that the following individuals be appointed to the following boards effective January 1, 2009: CRIMINAL JUSTICE ADVISORY Chris Rosno, Probation Director Kathy Yaskulski, ATI Representative Beth Covert, ATI Representative Roberta Bailey, Ex-Offender Vote: 6-0. RESOLUTION NO. 32 Motion by Karius, Second by Larison. RE: AUTHORIZE CONTRACT WITH PHIL BARNES FOR INVESTIGATIVE SERVICES – PUBLIC DEFENDER’S OFFICE WHEREAS, the Public Defender’s Office has been notified that grant funds will be received from the Indigent Legal Services Fund (ILSF) revenues from the State for the year 2009 in the amount of $67,300, and PROCEEDINGS OF THE YEAR 2009 13 WHEREAS, the ILSF revenue is to be used to “… improve the quality of services provided to article 18-B of the county law.” Further, the revenue is to be used “to supplement and not supplant any local funds which [the county] would otherwise have had to expend for the provision of counsel, and expert, investigative and other services pursuant to article eighteen-B of the county law," and WHEREAS, the Public Defender requires access to investigative services in order to adequately defend her clients, both in family court and criminal court. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Phil Barnes for the Public Defender’s Office on an as needed basis at the rate of $30 per hour not to exceed $5,000 annually with mileage reimbursement at the current county rate, for the term February 1, 2009 through December 31, 2009; funding is available in the 2009 Public Defender budget account no. 1170-435; subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 33 Motion by Larison, Second by Field. RE: MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two (2) additional Resolutions be brought to the floor. Vote: 6-0. RESOLUTION NO. 34 Motion by Fagan, Second by Field. RE: ACKNOWLEDGE APPOINTMENT OF VOTING MACHINE CUSTODIAN – BOARD OF ELECTIONS BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by the Elections Commissioners of David Stamp as the County's Voting Machine Custodian for the year 2009, to be paid $20 an hour for miscellaneous inspections of the old voting machines, and to be paid $50 per machine for inspections done at the Primary and General Elections, to be funded by the Board of Elections budget, and BE IT FURTHER RESOLVED, that the towns may offer additional compensation. Vote: 6-0. RESOLUTION NO. 35 Motion by Fagan, Second by Field. RE: AUTHORIZE AMENDING RESOLUTION NO. 518-08 TITLED “AUTHORIZE THE CREATION AND FILLING OF ONE TEMPORARY CASE MANAGER POSITION - DEPARTMENT OF SOCIAL SERVICES” WHEREAS, Resolution No. 518-08 authorized the creation and filling of a Temporary Full-Time Case Manager position for the Department of Social Services, and WHEREAS, the Commissioner of Social Services has been unable to fill the temporary position and is requesting to amend the Resolution to remove the word temporary and make it a permanent additional Case Manager position for the Department on a temporary basis. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 518-08 be amended to remove the word temporary from the title, the body of the Resolution, and remove the fourth Whereas clause completely, and BE IT FURTHER RESOLVED, that the two Case Manager positions will not be filled at the same time and in the future one will be abolished. DISCUSSION: County Administrator O’Hearn explained that this had been discussed at Committee. The plan was to fill the position temporarily without benefits. It is not attracting any qualified candidates so the Commissioner is requesting that the position include benefits and not be temporary. It comes with a $3,000.00 impact to allow for benefits and hope to increase the interest in this position. Vote: 6-0. NEW BUSINESS: None UNFINISHED BUSINESS: None REPORT ON STANDING COMMITTEES: Legislator Bleiler reported on the Youth Board. He is selling Hearts in support of the Family Play and Resource Center (FPRC). The Center was started with volunteers. Toys have been donated, and young parents can bring their children in and play with other children and share their parenting experiences. The Hearts cost a dollar and the proceeds are going towards a gate for the entrance to the FPRC so that the public can look in and watch the children, but the children can not leave the area. 14 SCHUYLER COUNTY LEGISLATURE Legislator Fagan discussed the hand out on the Schuyler County Industrial Development Agency (SCIDA). This was requested by Legislator Larison. The hand out is on file in the Legislative Office. There is one particular project that is not included in the hand out, but, could be. That is the major project at US Salt with the Wood Boiler. They are working on converting from natural gas to wood products. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn introduced the Personnel Officer Trainee, soon to be new Personnel Officer, Lorraine Johnson. He also thanked the current Personnel Officer, Helen Thingvoll, for her years of service and wished her well with her retirement effective February 28, 2009. He then shared the State information with the snowball affect of the budget in Albany. The Youth Board met last week and they need to strategize. There may be a shift in funding for them and they are looking at a possible 24.5% reduction. In anticipation and in preparation he proposed that the contracts with the Youth Bureau for services be put on hold for now, such as the contracts with the FPRC and the Run-A-Way and Homeless contract through Catholic Charities. He wants to wait and see what the financial situation is. At this point he just wants to make the Legislative body aware of it. Legislator Bleiler stated that the 24.5% reduction will hurt. PUBLIC PARTICIPATION: None Chairman Gifford asked for a motion to go into Executive Session to discuss a real estate transaction. MOTION by Legislator Larison, SECOND by Legislator Fagan to go into executive session to discuss property acquisition. Motion carried six ayes to zero noes. MOTION by Legislator Larison, SECOND by Legislator Fagan to come out of executive session. Motion carried six ayes to zero noes. The Meeting adjourned at 7:07 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

REGULAR MEETING FEBRUARY 11, 2009

The February 11, 2009 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler followed by a moment of Silence. All Legislators were present except Legislators Yuhasz and Field who were excused and Legislator Marcellus who was absent. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: Mr. Tim Dunlop handed out the Legal Notice regarding the schedule for the 2009 Regular Meeting dates. He mentioned that he was at the Human Service Complex on Monday, February 9, 2009 and none of us were to be found. Stacy Husted, Clerk to the Legislature, informed him that there was an additional Legal Notice released regarding the date change to February 11th, as a number of our Legislators would be attending the 2009 NYSAC Conference and that they would not have a quorum Monday the 9th. Mr. Dunlop then handed out two articles from the “Tompkins Weekly” regarding Water being an issue for Drillers. He is concerned with the oil drilling in our area and wonders how we are going to protect our natural resources. This being Seneca Lake. Per the articles it takes two to five million gallons of water to do the drilling. Where is that going to come from? You then have the wastewater to deal with. Mr. Dunlop spoke with Jeff Sole who is in charge of the Tompkins County Wastewater Treatment Department. They can not handle this volume. And he assumes the Watkins Glen facility can not either. If you are all on board with this drilling, you need to make sure you understand what is going to happen to our roads and water systems. Any other County representatives he has spoke with tell him that they need to be bonded so the drilling companies are held responsible. The roads in Chemung County are trashed. He would like us to be on top of this situation before the horse is out of the barn. Make sure we know what is going on behind all of this. Chairman Gifford said they appreciate his concern. This is why Brett Chedzoy of Cornell Cooperative Extension is involved and why the Landowners Coalition is being formed. Mr. Dunlop said he attended a meeting in Odessa and they gave him a form letter to send to our State Representatives. At that meeting all he heard was that if the review dragged on beyond spring, PROCEEDINGS OF THE YEAR 2009 15 the drilling company may leave and go to other areas. Legislator Fagan said his environmental concerns are the focus of the Department of Environmental Conservation (DEC) regarding the Hydro Cracking and the impact on the natural resources. The Roads are also a major concern. We received a statement a couple weeks ago from Schumer’s Office informing us of what the Federal Government can do to help and to be involved. Your point is well made with the Hydro Cracking in a number of other areas. The expertise and information that the ESPCA has should be given out. Chairman Gifford told Mr. Dunlop that they appreciate his comments and concerns. 6:45 P.M. PUBLIC HEARING ON LOCAL LAW INTRO. NO.1/LOCAL LAW NO. 2 OF THE YEAR 2009 PROHIBITING TEXT MESSAGING WHILE DRIVING: Legislator Fagan said he has received a few calls asking how they are going to enforce this new law when they are not enforcing the talking on cell phones law. Has the Sheriff given any input on his plans for enforcement? Legislator Bleiler said he said in committee when we discussed this that he recognized the difficulty, but will enforce the law. As a citizen, we all need to make our point to the Sheriff. Notify the Sheriff’s Department if you see people violating the law. We should see a number of citizens with tickets. Our Sheriff is an elected official. If the citizens do not like what he is doing, then they need to elect a new Sheriff. Mr. Dunlop said he does not see how driving behind another vehicle you can tell if they are texting on their phone. Legislator Fagan said you would see them weaving on the road. At least the law is on the books. Legislator Bleiler said he has seen people texting and driving down the road. If they are in an accident, they have broken the law. This law can be enforced. Maybe not 100%. Legislator Larison said he feels they need to take this step. There are a number of young teens being killed every day on our roads. Legislator Fagan feels they need to also educate the public on this. Word needs to get out to the younger drivers that this is wrong. RESOLUTION NO. 36 Motion by Larison, Second by Fagan. RE: APPROVE MINUTES OF THE JANUARY 7, 2009 ORGANIZATIONAL MEETING AND THE JANUARY 12, 2009 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the January 7, 2009 Organizational Meeting and the January 12, 2009 Regular Meeting, of the Schuyler County Legislature be approved. Vote: 5-0. RESOLUTION NO. 37 Motion by Larison, Second by Bleiler. RE: ADOPT REVISED FEE SCHEDULE FOR WATERSHED PROTECTION AGENCY - PUBLIC HEALTH WHEREAS, it has been deemed appropriate by the Schuyler County Public Health Committee to set fees for certain services performed by the Watershed Protection Agency in accordance with Local Law 3 of 1994, as follows: 1. Septic system permits – New Construction $100.00 2. Septic system permits – Conversion $100.00 3. Septic system permits – Complete Replacement $100.00 4. Septic system permits – Submitted Plans $100.00 5. Septic system permits – Septic tank up grade $50.00 6. Septic system permits – partial repair/expansion $50.00 7. Septic system permits – renewals or transfer $50.00 8. Septic system permits – holding tank / vault privy $50.00* 9. Site evaluation per lot for new construction septic system $100* 10. Site evaluation for conversion, expansion or modification septic system $75* 11. Site evaluation for replacement septic system $25* 12. Property transfer or refinancing septic evaluation $150.00 13. Property transfer or refinancing septic evaluation – failed system $50.00* 14. Property transfer or refinancing – water supply flow test $40.00* 15. Property transfer or refinancing – water supply flow test and water analysis $50.00 16. Engineer review and approval $175.00 17. Septic tank locating - probe, detector or transmitter $50-$75 18. Collection fee per collected sample plus analysis $15.00 16 SCHUYLER COUNTY LEGISLATURE 19. Processing fee per collected sample >1 plus analysis $3.00 20. Handling fee per non collected sample plus analysis $10.00 21. Processing fee per non collected sample >1 plus analysis $2.00 22. Radon in air test $55.00 23. Field consultation per 1/2 hour $25.00 24. Non inspection visit (No Show) $25.00 25. Flood statement affidavit $25.00 26. Well site approval for new construction $50.00 27. Well site approval for replacement wells (includes one bacteriological sample) $50.00 28. Certificate of Compliance $25.00 29. Property Determination Report $25.00 NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Watershed Protection Law, Local Law No. 3 of the Year 1994, allows the Agency to waive the collection of a portion of the established fee for intergovernmental agencies, indigent persons or doctors request due to illness, and such waivers shall follow the Schuyler County Public Health and Community Services “Sliding Fee Scale” protocol, and BE IT FURTHER RESOLVED, that the Agency is also allowed to reduce the sample collection, processing and/or handling fee for sampling services as a result of multiple visits, with justification on written record.

*indicates a rate change or new service classification Vote: 5-0. RESOLUTION NO. 38 Motion by Lariosn, Second by Bleiler. RE: AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD AND THE MENTAL HEALTH SUBCOMMITTEE- COMMUNITY SERVICES WHEREAS, Local Law No. 1 of 2009 amended Local Law No. 1 of 1990 by Resolution 23-09 establishing that there be no term limits for Community Services Board and Subcommittee members. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the following appointments with a four year term February 9, 2009 through December 31, 2012.

COMMUNITY SERVICE BOARD Michael Gehl Robert Burnside MENTAL HEALTH SUBCOMMITTEE Michael Gehl Bert Pyle MENTAL RETARDATION/DEVELOPMENTAL DISABILITY SUBCOMMITTEE Robert Burnside Vote: 5-0. RESOLUTION NO. 39 Motion by Larison, Second by Bleiler. RE: AUTHORIZE GRANT APPLICATION FOR SCHUYLER COUNTY UNITED WAY FOR THE FAMILY PLAY & RESOURCE CENTER – YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play and Resource Center Program, and WHEREAS, funding is needed for contracting for continued program development, oversight and maintenance, and WHEREAS, the Schuyler County Youth Bureau act as the fiscal agent for the program, and WHEREAS, there is no match required. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for funding for the Family Play & Resource Center and any subsequent contracts; subject to review if the Schuyler County Attorney. Vote: 5-0. PROCEEDINGS OF THE YEAR 2009 17 RESOLUTION NO. 40 Motion by Larison, Second by Bleiler. RE: AUTHORIZE CHANGE ORDER #1 WITH BINGHAMTON PLATE GLASS CO. FOR THE WINDOW REPLACEMENT PORTION OF THE COURTHOUSE COMPLEX CONSTRUCTION PHASE II – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 397-08 authorized a contract with Binghamton Plate Glass Co. for the Window Replacement Portion of the Courthouse Complex Construction Phase II for remodeling in the Courthouse Complex. WHEREAS, there is need to insulate windows at a cost of $1,137, and WHEREAS, there is need to add exterior trim metal to compensate for uneven brick at a cost of $2,775.00, and WHEREAS, the Building Maintenance Supervisor has reviewed the referenced changes and recommends authorization thereof as follows: Original Contract Amount $47,600 Amount Contract will Increase by Change Order #1 $ 3,912 New Total Contract Amount $51,512, and WHEREAS, funding is available in Capital Reserve account no. 004-1620-606 to pay for said increase. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign Change Order #1 proposal at a total cost of $3,912 with Binghamton Plate Glass Co, subject to approval of the Schuyler County Attorney. Vote: 5-0. RESOLUTION NO. 41 Motion by Larison, Second by Bleiler. RE: AUTHORIZE CHANGE ORDER #GC01 & #GC02 WITH ACE UNLIMITED FOR THE GENERAL CONSTRUCTION PORTION OF THE COURTHOUSE COMPLEX CONSTRUCTION PHASE II – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 391-08 authorized a contract with ACE Unlimited for the General Contractors Portion of the Courthouse Complex Construction Phase II for remodeling in the Courthouse Complex, and WHEREAS, the proposed temporary entrance on the north end of the building is no longer required, and WHEREAS, Change Order #GC01 proposes that in exchange for not doing the temporary north entrance the following work will be performed: a. Create temporary entrance at existing entrance and repair to original condition. b. Perform all General Contractor work as outlined in Alternate #1 to complete new basement bathroom (we did not accept ALT 1: New bathroom and Elections area), at as additional cost of $1,979, and WHEREAS, there is a need to compensate on the interior for the uneven window openings and renovate the southwest stairwell landing, and WHEREAS, Change Order #GC02 proposes the following: a. Extend drywall into window openings to compensate for uneven window openings at a cost of $1,756. b. Stud, insulate, and sheetrock southwest stairwell landing at a cost of $861.00 c. Removal of asbestos pipe wrap found above hard ceiling in first floor restrooms at a cost of $7,319 d. Credit for five (5) paper towel dispensers that will be furnished by the county at a credit of ($325) e. Patch floors where walls went through 1st & 2nd floors at a cost of $2,179. for a total additional cost of $11,790, and WHEREAS, the Building Maintenance Supervisor has reviewed the referenced changes and recommends authorization thereof as follows: Original Contract Amount $642,200 Amount Contract will Increase by Change Order #GC01 & #GC02 $ 13,769 New Total Contract Amount $655,969 18 SCHUYLER COUNTY LEGISLATURE WHEREAS, funding is available in Capital Reserve account no. 004-1620-606 to pay for said increase. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign Change Order #GC01 and #GC02 proposals at a total cost of $13,769 with ACE Unlimited, subject to approval of the Schuyler County Attorney. Vote: 5-0. RESOLUTION NO. 42 Motion by Larison, Second by Bleiler. RE: AUTHORIZE CHANGE ORDER #H01 WITH HMI MECHANICAL SYSTEMS, INC. FOR THE MECHANICAL CONSTRUCTION PORTION OF THE COURTHOUSE COMPLEX CONSTRUCTION PHASE II – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 393-08 authorized a contract with HMI Mechanical Systems, Inc. for the Mechanical Construction Portion of the Courthouse Complex Construction Phase II for remodeling in the Courthouse Complex. WHEREAS, HMI Mechanical Systems, Inc has recommended that we accept a York Roof Top Unit in lieu of the specified Trane Unit for a credit of ($18,700), and WHEREAS, the Building Maintenance Supervisor has reviewed the referenced change and recommends authorization thereof as follows: Original Contract Amount $367,990 Amount Contract will Decrease by Change Order #H01 -$18,700 New Total Contract Amount $349,290 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign Change Order #H01 proposal at a total credit of ($18,700) with HMI Mechanical Systems, Inc., subject to approval of the Schuyler County Attorney. Vote: 5-0. RESOLUTION NO. 43 Motion by Karius, Second by Larison. RE: AUTHORIZE CHANGE ORDER #E01 WITH G.O. WICK, INC. FOR THE ELECTRICAL CONSTRUCTION PORTION OF THE COURTHOUSE COMPLEX CONSTRUCTION PHASE II – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 392-08 authorized a contract with G.O. Wick, Inc., for the Electrical Contractors Portion of the Courthouse Complex Construction Phase II for remodeling in the Courthouse Complex, and WHEREAS, there is a need to run higher voltage wiring for the new HVAC York Roof Top Unit, and WHEREAS, the proposed temporary entrance on the north end of the building is no longer required, and WHEREAS, Change Order #E01 proposes the following: a. Delete lower voltage wiring for the Trane Unit and run higher voltage wiring for the new York Roof Top Unit at a cost of $867. b. Not wire the temporary north entrance for a credit of ($1,684) at a total credit of ($817), and WHEREAS, the Building Maintenance Supervisor has reviewed the referenced changes and recommends authorization thereof as follows: Original Contract Amount $225,570 Amount Contract will Decrease by Change Order #E01 -$ 817 New Total Contract Amount $224,753. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign Change Order #E01 proposal at a total credit of ($817) with G.O. Wick, Inc., subject to approval of the Schuyler County Attorney. Vote: 5-0. RESOLUTION NO. 44 Motion by Karius, Second by Larison. RE: AUTHORIZE BUILDING MAINTENANCE SUPERVISOR TO APPROVE CHANGE ORDERS ON THE COURTHOUSE COMPLEX ALTERATIONS AND ADDITION PROJECT – BUILDINGS AND GROUNDS WHEREAS, there are typically minor changes necessary to complete capital projects with multiple prime contracts, and PROCEEDINGS OF THE YEAR 2009 19 WHEREAS, it is necessary to respond to these change requests in a timely manner. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby give the Building Maintenance Supervisor the authority to review and approve change orders for less than $5,000, in consultation with the County Administrator, and BE IT FURTHER RESOLVED, that no change orders will be made in excess of the project budget, and BE IT FURTHER RESOLVED, that the Schuyler County Buildings & Grounds Maintenance Supervisor is hereby authorized to sign any change orders, subject to the approval of the Schuyler County Attorney. Vote: 5-0. RESOLUTION NO. 45 Motion by Karius, Second by Larison. RE: AUTHORIZE REQUEST FOR PROPOSALS FOR AUDITING SERVICES – TREASURER’S OFFICE WHEREAS, the County of Schuyler is interested in requesting proposals for auditing services. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer is hereby authorized to solicit quotes for Auditing Services for review and recommendation to the Management & Finance Committee. Vote: 5-0. RESOLUTION NO. 46 Motion by Fagan, Second by Karius. RE: AUTHORIZE CONTRACT WITH HELEN THINGVOLL FOR CONSULTANT SERVICES – CIVIL SERVICE WHEREAS, Helen Thingvoll is retiring her position of Personnel Officer effective February 27, 2009, and WHEREAS, Resolution No. 25-09 authorized appointing Lorraine Johnson as Personnel Officer Trainee who will have one month of training with the Personnel Officer prior to her departure, and WHEREAS, it is the recommendation of the County Administrator that a contractual arrangement be made to provide assistance to the new Personnel Officer for instances where additional assistance will be needed after the training period, such as administering exams, and WHEREAS, there are funds available in the Personal Services account in the 2009 Civil Service Department budget to pay for said contract. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Helen Thingvoll for consultant services to be provided to the Civil Service Department, effective February 28, 2009 through December 31, 2009 at a cost of $20.00 an hour, for a total not to exceed $600; subject to approval of the Schuyler County Attorney. Vote: 5-0. WITHDRAWN RE: AUTHORIZE CONTRACT WITH FOR CHILD PROTECTIVE ATTORNEY SERVICES – COUNTY ATTORNEY’S OFFICE - WITHDRAWN WHEREAS, the Schuyler County Department of Social Services demonstrated the need for additional assistance in the prosecuting of Abuse & Neglect cases, and WHEREAS, the cost of such assistance has been previously budgeted and approved in the amount of $20,000, and WHEREAS, the selection of a contract attorney must be made before a resumption of court proceedings upon the Judge’s return from vacation in late February. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with for Child Protective Attorney Services for the County Attorney’s Office effective immediately through December 31, 2009, funding available in the 2009 County Attorney budget account no. 1420.401; subject to approval of the Schuyler County Attorney. RESOLUTION NO. 47 Motion by Fagan, Second by Karius. RE: AUTHORIZE TAX MAP CONTRACT WITH CHEMUNG COUNTY – REAL PROPERTY TAX SERVICE WHEREAS, the Real Property Tax Service Agency must prepare and maintain tax maps pursuant to Real Property Tax Law Section 1532, and 20 SCHUYLER COUNTY LEGISLATURE WHEREAS, a shared service contract with Chemung County for tax mapping services will result in a substantial savings to the department. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Chemung County for the Real Property Tax Service Agency for tax mapping services for the term January 1, 2009 through December 31, 2009, in an amount not to exceed $16,000, funding available in the 2009 Real Property Tax budget account no.1355.0577; subject to approval of the Schuyler County Attorney. Vote: 5-0. RESOLUTION NO. 48 Motion by Fagan, Second by Karius. RE: AUTHORIZE INTERNET MAP SERVER CONTRACT WITH THE JAMES W. SEWALL COMPANY – REAL PROPERTY TAX SERVICE WHEREAS, the James W. Sewall company has been hosting the county’s Internet Map Server (IMS), and WHEREAS, the IMS provides a convenient and transparent means for taxpayers to access on-line assessment data. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the James W. Sewall Company for the Real Property Tax Service Agency for IMS hosting services for the term January 1, 2009 through December 31, 2009, in an amount not to exceed $2,600, funding available in the 2009 Real Property Tax budget account no.1355.0400; subject to approval of the Schuyler County Attorney. Vote: 5-0. RESOLUTION NO. 49 Motion by Fagan, Second by Karius. RE: DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO EXCEED $1,000 – REAL PROPERTY TAX SERVICE WHEREAS, the State of New York has, pursuant to Sections 554 and 556 of the Real Property Tax Law (RPTL), authorized correction of errors and payment of tax refunds without prior audit for corrections for refunds not exceeding $2,500, and WHEREAS, Schuyler County desires to delegate to the Real Property Tax Services Director (Director) the authority as stated under said law. NOW, THEREFORE, BE IT RESOLVED, that there is hereby delegated to the Director the power to authorize the Schuyler County Treasurer to make payment of any refund or credit of taxes not exceeding the sum of $1,000 without prior audit, as provided in Sections 554(9) and 556(8) of the RPTL for the calendar year of 2009, with the following provisions: 1. That the Director shall comply with all provisions under RPTL Sections 554 and 556 relative to corrections of errors and the refund or credit of taxes. 2. That on or before the 15th day of each month the Director shall submit to the Legislature a report of the corrections, refunds and credits processed by such official during the month, embodying in that report the information as required under aforesaid statute. 3. That in no case shall the total amount of such refund or credit exceed the amount appropriated by the County Legislature. Vote: 5-0. RESOLUTION NO. 50 Motion by Fagan, Second by Karius. RE: RESOLUTION TO APPROVE APPLICATIONS FOR CORRECTION OF REAL PROPERTY TAXES – REAL PROPERTY TAX SERVICE AGENCY WHEREAS, applications for correction of real property taxes have been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for various parcels as listed below, and WHEREAS, it is the recommendation of the Real Property Tax Director and the Management & Finance Committee to approve the applications. NOW, THEREFORE BE IT RESOLVED, that the applications are hereby approved, and BE IT FURTHER RESOLVED, that corrected tax bills will be issued in the amounts listed below, and that the PROCEEDINGS OF THE YEAR 2009 21 various warrants will be adjusted accordingly. Town Parcel Owner RPTL Original Tax Corrected Tax Dix 65.14-1-58 Yaw S. 550(2)(c) $ 633.07 $ 621.19 Dix 95.00-1-27.114 Smith S. 550(2)(c) $1,902.82 $1,722.49 Montour 77.00-1-25.2 Barber S. 550(2)(a) $1,185.61 $ 653.94 Orange 81.00-1-22 Gee S. 550(3)(c) $ 260.11 $ 219.47 Reading 64.00-1-22.11 Cole S. 550(3)(b) $ 689.63 $ 132.68 Tyrone 39.19-1-16 Woos S. 550(2)(a) $1,601.20 $1,015.30, and BE IT FURTHER RESOLVED, that the property owners will have 8 days from receipt of these corrected bills to pay without incurring interest or penalty. Vote: 5-0. RESOLUTION NO. 51 Motion by Fagan, Second by Karius. RE: RESOLUTION TO APPROVE OMITTED TAX FOR THE TOWN OF HECTOR – REAL PROPERTY TAX SERVICE AGENCY WHEREAS, parcel 48.00-1-17.22 in the town of Hector was conveyed in September of 2008 from Goodhope Youth to Mitchell Clarke & Kathryn Christopher, and WHEREAS, the parcel should have been transferred at that time from the wholly exempt section of the assessment roll to the taxable section, and WHEREAS, the current property owners pay taxes through an escrow account and waiting for a year to pay an omitted tax would constitute a hardship in the form of a double payment next year. NOW, THEREFORE, BE IT RESOLVED, that a corrected bill in the amount of $2,829.12 be issued to the current owners and that the warrant be adjusted accordingly, and BE IT FURTHER RESOLVED, that the property owners’ escrow company will have 8 days from receipt of the corrected bill to pay without incurring interest or penalty, and BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to the Town of Hector Tax Collector. Vote: 5-0. RESOLUTION NO. 52 Motion by Larison, Second by Bleiler. RE: AUTHORIZE INCREASE IN HOURS AND SALARY ADJUSTMENTS FOR SCHUYLER COUNTY ASSESSORS – REAL PROPERTY TAX AGENCY WHEREAS, due to an increase in the number of parcels to the county-wide assessment program, it is necessary to increase the hours of Beverly Morley from 28 hours per week to 35 hours per week, and WHEREAS, the Real Property Tax Director compiled data from eight counties, including contiguous counties, regarding assessor salaries versus parcels serviced, and WHEREAS, in reviewing said data, it is evident that our County Assessors’ salaries are not appropriate and in fact, are too low based on the number of parcels in Schuyler County, and WHEREAS, it is the recommendation of the County Administrator and Human Resources Director that each County Assessor receive a salary adjustment in order to keep these positions competitive with surrounding counties. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes an increase in hours for Beverly Morley from 28 hours per week to 35 hours per week at a salary of $43,384, effective March 2, 2009, and BE IT FURTHER RESOLVED, that Vicki Flynn and Beverly Morley each receive an additional $5,000 annually, effective March 2, 2009; funding available in the 2009 Real Property Tax Agency budget. Vote: 5-0. RESOLUTION NO. 53 Motion by Larison, Second by Bleiler. RE: RESOLUTION SUPPORTING RELIABLE FUNDING FOR THE US GEOLOGICAL SURVEY STREAMGAGING NETWORK – EMERGENCY MANAGEMENT WHEREAS, Schuyler County is prone to localized and regional flooding, which damages infrastructure and private property and threatens lives, and 22 SCHUYLER COUNTY LEGISLATURE WHEREAS, the County strives to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions, and WHEREAS, the river flow and lake level date from U.S. Geological Survey (USGS) real-time gages are used for many flood damage reduction purposes, including floodplain mapping, flood forecasts, emergency operation of flood control projects, managing releases from flood control reservoirs, and emergency response activities, and WHEREAS, flood mitigation, warning, and response activities are credited with saving millions of dollars in flood damages, and WHEREAS, early warning is the greatest defense against loss of life during floods, and WHEREAS, ongoing maintenance costs for gages in the USGS Streamgaging Network are borne by a conglomeration of partner agencies, and WHEREAS, gage funding is susceptible to repeated threats due to diverse priorities of the sponsoring organizations, and WHEREAS, fourteen critical gages in the Chemung Basin were threatened with discontinuation at the end of the FY2008 federal fiscal year, and WHEREAS, the funding that was eventually secured for most of these gages is only temporary. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recommends development of consistent funding mechanism for the nation’s Streamgaging Network that enables uninterrupted collection of river flow and lake level date to support the activities of a wide range of users, and BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to Senator Schumer, Senator Gillibrand, and Congressman Massa. Vote: 5-0. RESOLUTION NO. 54 Motion by Larison, Second by Bleiler. RE: RESOLUTION IN SUPPORT OF NEW YORK STATE GOVERNOR PATERSON’S PROPOSED FIX TO THE CHRONIC ISSUES COUNTIES FACE WITH THE INDIGENT LEGAL SERVICES FUND MAINTENANCE OF EFFORT PROVISION WHEREAS, in recent years, an increasing number of counties have failed to meet their Maintenance of Effort (MOE) as required under the Indigent Legal Services Fund (ILSF) and have become ineligible to receive their local allocation from the fund, and WHEREAS, given that an increasing number of counties are at risk of losing 100% of their State ILSF allocation, the State must work with counties to develop a reasonable solution that will not adversely impact the delivery of indigent defense services within a county, and WHEREAS, the existing MOE provisions are problematic as local defense costs can fluctuate significantly from year to year due to case loads and case complexity, and WHEREAS, the existing system discourages providers of indigent defense to find efficiencies and presupposes spending more money means that counties are providing better defense services, and WHEREAS, Governor Paterson’s Public Protection and General Government Article VII Budget Bill would bring additional predictability for counties as they attempt to budget for indigent defense services and determine available State funding for future years, and WHEREAS, this legislation would modify the current MOE by using a three-year average of local expenditures for the basis of the MOE calculation as opposed to recalculating the MOE annually, and WHEREAS, the bill further stipulates in the event a county still does not meet the maintenance of effort, the County would only lose a percentage of their ILSF funding instead of 100% of their share. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports Governor Paterson’s proposal to fix the chronic issues counties face with the ILSF Maintenance of Effort provision, and BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to Governor Paterson, Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara and the New York State Association of Counties. Vote: 5-0. RESOLUTION NO. 55 Motion by Larison, Second by Bleiler. PROCEEDINGS OF THE YEAR 2009 23 RE: AUTHORIZE THE CREATION AND FILLING OF ONE FULL-TIME CORRECTION OFFICER – SERGEANT POSITION – SHERIFF’S OFFICE WHEREAS, the Jail Supervisor is retiring this spring, and a supervisor is required to oversee the jail, and WHEREAS, the current supervisor is a Deputy Sheriff–Sergeant, not a Correction Officer–Sergeant, and WHEREAS, upon the current supervisor retiring, a new Correction Officer–Sergeant position should be created to fill the vacancy, and the Deputy Sheriff–Sergeant will be abolished, and WHEREAS, the Sheriff is requesting to create this position, upon the approval of the County Administrator, and WHEREAS, funding for this position is included in the 2009 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to create and fill one full-time Correction Officer-Sergeant position at an hourly rate of $16.92, as set forth in the Schuyler County Deputy Sheriff’s Association Union Contract, for the Schuyler County Jail, effective March 2, 2009. Vote: 5-0. RESOLUTION NO. 56 Motion by Larison, Second by Bleiler. RE: AUTHORIZE RESCINDING RESOLUTION NO. 531-08 TITLED “REQUEST THAT THE STATE MODIFY SECTION 303 OF THE AGRICULTURE & MARKETS LAW” WHEREAS, it was the intention of Resolution No. 531-08 to request that the State modify Section 303 of the Agriculture and Markets Law to support allowing for the removal of a parcel of land, prior to a committed time of eight, twelve, or twenty year review period if so recommended by the Agricultural and Farmland Protection Board, and WHEREAS, upon further communication with the Schuyler County Agriculture and Farmland Protection Board the Legislature wishes to rescind the Resolution. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 531-08 be hereby rescinded, and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to Governor David Paterson, Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara, Agriculture & Markets Department Commissioner Patrick Hooker, NYSAC, and the Inter-County Association of Western New York. Vote: 5-0. RESOLUTION NO. 57 Motion by Larison, Second by Bleiler RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2009 PROHIBITING TEXT MESSAGING WHILE DRIVING WHEREAS, Local Law Intro. No. 1/Local Law No. 2 of the Year 2009 Prohibiting Text Messaging While Driving was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held February 11, 2009 at 6:45 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. 2 of the Year 2009, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 1/Local Law No. 2 of the Year 2009, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2009 A Local Law Prohibiting Text Messaging While Driving. Be it enacted by the Legislature of the County of Schuyler as follows: Section 1. Legislative Intent. 1. This Governing Body finds that distracted drivers are the cause of a significant percentage of motor vehicle accidents. 2. This Governing Body finds that a motor vehicle driver who composes, sends, or reads text messages while driving is adversely affecting his or her driver reaction time and attention, which inevitably decreases public safety. 24 SCHUYLER COUNTY LEGISLATURE 3. This Governing Body finds that there is an increased number of distracted drivers who are composing, sending or reading text messages while driving, and that these actions currently are not prohibited by any federal, state or local law. 4. This Governing Body finds that it is in the best interest and safety of the driving public to prohibit drivers from composing, reading or sending text message while driving. Section 2. Definitions. 1. “Text message”, also referred to as “short messaging service” (SMS), shall mean the process by which users send, read or receive messages on a wireless handset, including but not limited to, text messages, instant messages, electronic messages or e-mails, in order to communicate with any person or device. 2. “Hands-free” shall mean the manner in which a wireless handset is operated for the purpose of composing, reading or sending text messages, by using an internal feature or function, or through an attachment or addition, including but not limited to an ear piece, head set, remote microphone or short- range wireless connection, thereby allowing the user to operate said device without the use of hands. 3. “Inoperability” shall mean a motor vehicle that is incapable of being operated or being operated in a safe and prudent manner due to mechanical failure, including but not limited to engine overheating or tire failure. 4. “Motor vehicle” shall mean any vehicle that is self-propelled by a motor, including but not limited to automobiles, trucks, vans, construction vehicles, etc… 5. “Person” shall mean any natural person, corporation, unincorporated association, firm, partnership, joint venture, joint stock association, or other entity or business organization of any kind. 6. “Use” shall mean to hold a wireless handset in one’s hand, or to activate, deactivate or initiate functions or keys on a wireless handset. 7. “Wireless handset” shall mean a portable electronic or computing device, including cellular telephones and personal digital assistants (PDAs), capable of transmitting data in the form of a text message. Section 3. Prohibitions. 1. No person shall use a wireless handset to compose, read or send text messages while operating a motor vehicle on any public highway within the County of Schuyler. 2. Subdivision one of this section shall not be construed to prohibit the use of any wireless handset by: 1. Any law enforcement, public safety or police officers, emergency services officials, and fire safety officials in the performance of duties arising out of and in the course of their employment; 2. A person using a wireless handset to contact any law enforcement, public safety, fire safety, or emergency services officials. 3. A person using a wireless handset while the motor vehicle is parked, standing or stopped, or while such motor vehicle is stopped due to the inoperability of the motor vehicle. 3. Subdivision one of this section shall not be construed to prohibit a person from operating a motor vehicle while using a “hands free” wireless handset. Section 4. Penalties. 1. A violation of this law shall constitute an offense, and shall be punishable by a fine not exceeding $150.00 for each violation. Each such violation shall constitute a separate and distinct offense. 2. This law shall be enforced by any law enforcement agency having jurisdiction. Section 5. Applicability. 1. This law shall apply to all actions occurring on or after the effective date of this law. Section 6. Reverse Preemption. This law shall be null and void on the day that statewide legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this law, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Schuyler. The County Legislature may determine by resolution whether or not identical or substantially similar statewide legislation or pertinent preempting state or federal regulations have been enacted for the purposes of triggering the provisions of this section. Section 7. Severability. PROCEEDINGS OF THE YEAR 2009 25 If any clause, sentence, paragraph, subdivision, section or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered. Section 8. Effective date. This law shall take effect upon filing with the Secretary of State. Vote: 5-0. RESOLUTION NO. 58 Motion by Fagan, Second by Bleiler. RE: TWO-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2009 through December 31, 2010, to wit: ENVIRONMENTAL MANAGEMENT COUNCIL James Tobey, Town of Catharine PLANNING COMMISSION James Kuehl, Medical Representative Tim Hicks, Village of Odessa Vote: 5-0. RESOLUTION NO. 59 Motion by Fagan, Second by Bleiler. RE: AUTHORIZE CONTRACT WITH THE HOMESTEAD FOR OVERNIGHT NURSING HOME RESPITE UNDER THE TITLE III-E CAREGIVER PROGRAM– OFFICE FOR THE AGING WHEREAS, the Title III-E Caregiver Program allows for overnight nursing home respite services, and WHEREAS, there are clients receiving Caregiver services who may need overnight nursing home respite, and WHEREAS, The Homestead located at 418 N. Main Street Penn Yan, NY 14527, is a duly licensed nursing home in good standing that can provide the needed services, and WHEREAS, the 2009 Title III-E budget includes funds for such services in line item 6772.0490. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with The Homestead agency to provide the necessary aide service at the rate of $274.54 per day for the term of January 1, 2009 through December 31, 2009, said contract subject to approval of the Schuyler County Attorney. Vote: 5-0. RESOLUTION NO. 60 Motion by Fagan, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR WITNESS FEES & TRIAL EXPENSES – COUNTY ATTORNEY WHEREAS, the 2009 County Attorney budget for Witness Fees & Trial Expenses is not sufficient enough to support the fees incurred during the 2009 calendar year for the NYCLU Lawsuit. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $2,870.00 from Contingency account no. 1990.500 into account no. 1420.443-Witness Fees & Trial Expense. Vote: 5-0. RESOLUTION NO. 61 Motion by Fagan, Second by Bleiler. RE: RECOGNIZE MAY 2, 2009 AS GREEN GRAND PRIX DAY WHEREAS, Resolution No. 118-08 declared May 3, 2009 as Green Grand Prix Day, and WHEREAS, the Green Grand Prix event is now in its fifth year with its stated goal being “to promote awareness of environmentally friendly transportation and fuels through educational activities and motoring events”, and 26 SCHUYLER COUNTY LEGISLATURE WHEREAS, this event continues to be unique and currently the only Sports Car Club of America sanctioned event of its kind within the confines of our United States of America and further information can be found at www.greengrandprix.com, and WHEREAS, this year’s event will be held on May 2, 2009 and the Legislature wishes to recognize this event again this year. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes May 2, 2009 as Green Grad Prix Day, and BE IT FURTHER RESOLVED, that a certified copy of the Resolution be sent to Bob Gillespie, Chairman of the Green Grand Prix Committee. Vote: 5-0. RESOLUTION NO. 62 Motion by Fagan, Second by Karius. RE: MOTION TO BRING ONE (1) ADDITIONAL RESOLUTION TO THE FLOOR BE IT RESOLVED, that one (1) additional Resolution be brought to the floor. Vote: 5-0. MOTION by Legislator Fagan to go into Executive Session to discuss union negotiations, SECOND by Legislator Karius. Motion carried five ayes to zero noes. MOTION by Legislator Fagan to come out of executive session, SECOND by Legislator Karius. Motion carried five ayes to zero noes. RESOLUTION NO. 63 Motion by Larison, Second by Bleiler. RE: AUTHORIZE STIPULATION, RELEASE OF CLAIMS AND MEMORANDUM OF AGREEMENT WITH THE SCHUYLER COUNTY CORRECTION OFFICERS BENEVOLENT ASSOCIATION (COBA) WHEREAS, the Schuyler County COBA filed an improper practice charge with PERB relative to the creation of a clerical position, and WHEREAS, the parties have mutually agreed to a Stipulation, Release of Claim and Memorandum of Agreement with the understanding that the improper practice charge shall be withdrawn and that said Agreement will not be precedent setting in any respect. NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature be hereby authorized to enter into a Stipulation, Release of Claims and Memorandum of Agreement with the Schuyler County Correction Officers Benevolent Association; said Agreement approved by labor counsel. Vote: 5-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None REPORT ON STANDING COMMITTEES: Legislator Larison reported on the New York State Association of Counties (NYSAC) Conference. He feel they have leaders who do not read the papers and are looking forward to a better year and New York State has been through this cycle before. Legislator Bleiler reported that there will be a Character Breakfast sponsored by Headstart. Details will follow soon. Chairman Gifford announced that he brought back a packet of Resolutions discussed at the NYSAC Conference. As they set now, they have not been voted on yet. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that he felt the NYSAC Conference was productive. It is unclear what is at stake with our County. He is listing and prioritizing the County’s infrastructure projects for the Stimulus Package. He will be keeping his eye on Albany. PUBLIC PARTICIPATION: Mr. Dunlap said he is concerned with all of the articles he sees regarding huge dollar amounts being spent on what he considers unnecessary projects. For example, a $22,000 grant for Waterfront Development on Seneca Lake. He recited articles regarding the Catharine Valley Trail in the amount of $280,000, all the funds invested, he questions this money. This is a lot of money to follow a railroad bed. He then made statements regarding the condition of some of the roads because of the heavy weight traffic. He asked what the County’s PROCEEDINGS OF THE YEAR 2009 27 plans are for going forward with the repairs. He wants to make sure that the road work is done correct the first time and not just so it looks good for a couple of years. Legislator Bleiler invited Mr. Dunlop to attend the Public Works Committee Meeting being held on February 17th at 10:30 a.m. in the Human Services complex. County Administrator O’Hearn spoke on behalf of the Highway Department explaining how the road work is performed. He explained that the Highway Department picks as many roads as we can afford to and completely re-do. There are specific standards that the County is held to for road repair. He will pass along his concerns to the Highway Superintendent. Legislator Fagan said drainage, or lack there of, is the biggest problem. We have been working for two years with our Soil & Water Conservation Department to make sure this problem is addressed. County Route 21 and County Route 23 are in great shape now because of this effort. Legislator Larison asked Mr. Dunlop to consider that the State has reduced the budget by $100,000 and they need to do a Resolution to show support. Mr. Dunlop said he does appreciate the work being done, however, you can not drive a loaded snowplow truck down a road and not know that it is trashed. The Meeting adjourned at 7:15 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

REGULAR MEETING MARCH 9, 2009

The March 9, 2009 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 followed by a moment of Silence. All Legislators were present except Legislators Yuhasz and Karius who were excused. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: Sue Brill said she wished to ask some questions regarding the new EZ Labor Management system. She wanted to know why it was the County purchased the system and what the cost initially was. Administrator O’Hearn said he would have to check and confirm the price and get back to her tomorrow. He believes it was $18,000.00. Sue Brill asked again what the purpose was for purchasing it? Chairman Gifford stated that this is public participation and she shouldn’t expect to pin someone down on something like this and expect an answer tonight. He asked her to please bring this up tomorrow with the Administrator and she agreed. RESOLUTION NO. 64 Motion by Larison, Second by Field. RE: APPROVE MINUTES OF THE FEBRUARY 11, 2009 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the February 11, 2009 Regular Meeting, of the Schuyler County Legislature be approved. Vote: 6-0. RESOLUTION NO. 65 Motion by Bleiler, Second by Marcellus. RE: AUTHORIZE GRANT APPLICATION FOR ROYCE HAIGHT BOOTH YOUTH FUND GRANT – YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center program, and WHEREAS, funding is need for contracting for program development and oversight, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and WHEREAS, the Royce Haight Booth Youth Fund offers funding for between $500 and $3,000 and there is no local match. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for funding for the Family Play & Resource Center and any subsequent contracts; subject to review of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 66 Motion by Bleiler, Second by Marcellus. RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD 28 SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Greg Conlon as the Odessa Montour Central School District Representative to the Schuyler County Youth Board for the term January 1, 2009 through December 31, 2011. Vote: 6-0. RESOLUTION NO. 67 Motion by Bleiler, Second by Marcellus. RE: AUTHORIZE AGREEMENT WITH WATKINS GLEN INTERNATIONAL RACEWAY FOR THE YOUTH EMPLOYMENT PROGRAM – YOUTH BUREAU WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the strict income criteria of the Workforce Investment Act Employment Program, and WHEREAS, the Schuyler County Youth Bureau, in collaboration with the Watkins Glen International Raceway, are desirous of integrating a temporary seasonal program for the above mentioned youth, and WHEREAS, the program will employ approximately 75 youth with the wages for the youth and supervisors to be reimburses by Watkins Glen International Raceway. WHEREAS, funding is available in the 2009 Youth Bureau budget for transportation costs. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to hire and implement the above mentioned employment program from April 15, 2009 through September 30, 2009 for youth ages 14 – 20, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the contract; subject to approval by the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 68 Motion by Bleiler, Second by Larison. RE: AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE - COMMUNITY SERVICES WHEREAS, Local Law No. 1 of 2009 amended Local Law No. 1 of 1990 by Resolution 23-09 establishing that there be no term limits for Community Services Board and Subcommittee members, and WHEREAS, Bert Pyle has expressed interest in continuing on the Mental Health Subcommittee, and WHEREAS, there is a vacancy on the Mental Health Subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Bert Pyle to the Mental Health Subcommittee for the term March 9, 2009 through December 31, 2012. Vote: 6-0. RESOLUTION NO. 69 Motion by Bleiler, Second by Larison. RE: ACCEPT AND APPROVE AMENDMENTS TO THE WATERSHED PROTECTION AGENCY’S ONLINE POLICY AND PROCEDURES HANDBOOK – PUBLIC HEALTH WHEREAS, the Watershed Protection Agency developed an Online Policy and Procedures Handbook which has been available to the public since 2007, and WHEREAS, the Policy and Procedures Handbook was accepted and approved by the Legislature by Resolution 117-07, and WHEREAS, recent policy changes have been made by the New York State Department of Health which impact Watershed Protection Agency programs, and WHEREAS, amendments have been made to the Watershed Protection Agency Policy and Procedures Handbook which reflect the New York State Department of Health policy changes. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts and approves the amendments to the Watershed Protection Agency Online Policy and Procedures Handbook for posting on the Schuyler County website. Vote: 6-0. RESOLUTION NO. 70 Motion by Larison, Second by Marcellus. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM JULY 1, 2009 – JUNE 30, 2010 – PUBLIC HEALTH WHEREAS, Schuyler County must provide transportation to preschool children with disabilities. PROCEEDINGS OF THE YEAR 2009 29 NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Public Health be hereby authorized to advertise for bids for the transportation of preschool children with disabilities from July 1, 2009 through June 30, 2010, and BE IT FURTHER RESOLVED, that bids are to be marked “Sealed Bid” and received by the Clerk of the Legislature at the County Office Building, 105 Ninth Street, Unit 6, Watkins Glen, New York 14891, no later than 9:15 a.m. on May 15, 2009. The bids will be opened that same day in the Legislative Office at 9:30 a.m., at which time recommendations for legislative action will be made; acceptance or rejection of bids will be done at the June 8, 2009 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids. Vote: 6-0. RESOLUTION NO. 71 Motion by Larison, Second by Marcellus. RE: AUTHORIZE AMENDING THE 2009 BUDGET TO REFLECT INCOME RECEIVED FROM THE SALE OF WHEELCHAIR VAN – OFFICE FOR THE AGING WHEREAS, the Office for the Aging (OFA) removed the wheelchair van from the OFA fleet of vehicles due to age, mileage, continuous repairs and current repair needs, and WHEREAS, the van was sold at auction by the Schuyler County Highway Department for $1,700.00. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2009 Office for the Aging budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION $1,700.00 6772.1972 Programs for the Aging Revenue $1,300.00 6772.444 Car Operation & Expense $ 400.00 6772.457 Repairs Vote: 6-0. RESOLUTION NO. 72 Motion by Larison, Second by Marcellus. RE: RECOGNIZE MARCH 2009 AS NATIONAL NUTRITION MONTH – OFFICE FOR THE AGING AND PUBLIC HEALTH WHEREAS, the American Dietetic Association hosts an annual campaign to bring awareness to healthy lifestyles, and WHEREAS, the focus is on the importance of making informed food choices and developing sound eating habits and instituting regular physical activity, and WHEREAS, there is currently a significant issue within Schuyler County with obesity, diabetes and other health related problems, and WHEREAS, Americans spent billions of dollars on care, testing and management in 2008, and WHEREAS, the key to a healthy lifestyle, longevity and quality of life are focused on prevention through awareness, education and implementation, and WHEREAS, the Schuyler County Office for the Aging and the Public Health Department provide services to assist with awareness and education activities as well as direct programming including health clinics, nutrition education, counseling, exercise programs and more. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes March 2009 as National Nutrition Month and encourages all residents to engage in healthy eating choices and to work to maintain one’s health by participating in health screenings, reading material relevant to healthy living and participate in physical activities. Vote: 6-0. RESOLUTION NO. 73 Motion by Larison, Second by Marcellus. RE: AUTHORIZE CREATION AND FILLING OF A FULL-TIME LEAD CLEANER POSITION – BUILDINGS AND GROUNDS WHEREAS, there has been an increase in building square footage from 77,768 in 2007 to 105,245 by the end of 2009, and WHEREAS, there is a need in the Buildings and Grounds Department to provide additional leadership on the evening shift, and 30 SCHUYLER COUNTY LEGISLATURE WHEREAS, the Buildings and Grounds Department is requesting to create and fill this position, upon approval of the County Administrator, and WHEREAS, funding for this position is included in the 2009 Buildings and Grounds budget. NOW, THEREFORE, BE IT RESOLVED, that the Buildings and Grounds Department is hereby authorized to create and fill a full-time 40 hours per week Lead Cleaner position at an hourly rate of $11.67 to be placed in Grade 2, as set forth in the Schuyler County Administration Unit Contract. Vote: 6-0. RESOLUTION NO. 74 Motion by Larison, Second by Fagan. RE: AUTHORIZE PROPERTIES OWNED BY SCHUYLER COUNTY TO BE ADDED TO THE SCHUYLER COUNTY LAND OWNERS COALITION – BUILDINGS AND GROUNDS WHEREAS, a local group of Schuyler County land owners have met and researched how to maximize compensation and royalties, negotiate a fair, friendly and environmentally safe contract with Gas and Oil exploration companies, and WHEREAS, the Land Owners Coalition (LOC) have enlisted the service of Empire Energy Consultants, LLC to negotiate contracts for Gas and Oil exploration for all Coalition members, and WHEREAS, there is no cost to be a member of the Land Owners Coalition or commitment to accept the negotiated terms of lease, and WHEREAS, if the County decides that the lease terms where acceptable there would be a one-time fee of $20 per acre leased. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the Building Maintenance Supervisor to file forms describing properties the County owns. Vote: 6-0. RESOLUTION NO. 75 Motion by Larison, second by Fagan. RE: ACCEPT/REJECT BIDS TO REPLACE AIR CONDITIONING UNIT IN THE SHERIFF’S DISPATCH CENTER – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 469-08 authorized the Building Maintenance Supervisor to go out to bid to replace the Air Conditioning Unit in the Sheriff’s Dispatch Center, and WHEREAS, Resolution No. 495-08 authorized Beardsley Design Associates to provide design and bid documents, and WHEREAS, bids were opened on March 6, 2009. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisors recommendation of HMI Mechanical Systems, Inc., 345 Route 14 South, Lyons, NY 14489 as low bidder, at a cost of $48,800 to replace the Air Conditioning Unit in the Sheriff’s Dispatch Center, and BE IT FURTHER RESOLVED that the following bid be rejected, Collins and Walton, Inc. 1525 Lake Street Elmira, NY 14902 BE IT FURTHER RESOLVED, that the costs are to be paid from the 911 Reserve Fund, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with HMI Mechanical Systems, Inc., at a cost of $48,800, subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 76 Motion by Larison, Second by Fagan. RE: DISCONTINUE USE OF PETTY CASH – HUMAN RESOURCES WHEREAS, the Human Resources Department has a Fifty Dollar ($50) Petty Cash Fund, and WHEREAS, since the Human Resources Department was issued a P-Card (credit card), the use of the Petty Cash is no longer needed. NOW, THEREFORE, BE IT RESOLVED, that the Fifty Dollar ($50) Petty Cash Fund for the Human Resources Department is hereby discontinued and said funds returned to the Schuyler County Treasurer. Vote: 6-0. PROCEEDINGS OF THE YEAR 2009 31 RESOLUTION NO. 77 Motion by Fagan, Second by Field RE: AUTHORIZE AN INCREASE FROM $100.00 TO $150.00 IN THE PETTY CASH FUND FOR THE DEPARTMENT OF MOTOR VEHICLES – COUNTY CLERK BE IT RESOLVED, that the Schuyler County Treasurer be, and is hereby authorized to increase the Petty Cash Fund in the amount of $100.00 to $150.00 for use by the Department of Motor Vehicles. Vote: 6-0. RESOLUTION NO. 78 Motion by Fagan, Second by Field RE: DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS WHEREAS, various departments have items to be declared surplus or junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the attached list (to be placed on file in the Legislative Office) surplus or junk, and BE IT FURTHER RESOLVED, that the following items are to be bid out, placed in storage for an auction or disposed of. Vote: 6-0. RESOLUTION NO. 79 Motion by Fagan, Second by Field. RE: ACKNOWLEDGE APPOINTMENTS OF VOTING MACHINE CUSTODIANS – BOARD OF ELECTIONS BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by the Elections Commissioners of Ted Carrolton, Dennis Martinez and Robert Benjamin as the County's Voting Machine Custodians for a term of January 15, 2009 through January 14, 2010, to be paid $20 an hour for election related business, and to be paid $50 per machine for inspections done at the Primary and General Elections, to be funded by the Board of Elections budget, and BE IT FURTHER RESOLVED, that the towns may offer additional compensation. Vote: 6-0. RESOLUTION NO. 80A Motion by Bleiler, Second by Larison. RE: MOTION TO AMEND RESOLUTION NO. 80 TO INCLUDE WORDING FROM A RESOLUTION SIMILAR TO ONE FROM ULSTER COUNTY BE IT RESOLVED, that Resolution No. 80 be amended to include wording from a Resolution similar to one from Ulster County. DISCUSSION: Chairman Gifford wanted to make sure all the Legislators read the resolutions received today from other counties relative to HAVA (on file). Legislator Marcellus agreed to change the wording to be similar to another County, however felt they should still specify the funding issue. As it is written now, he feels it lacks clarity. Legislator Fagan said he thought the issue was purchasing software. Administrator O’Hearn explained that there was a pool of funding with two separate distributions. The Federal Government pulled back about $50 million from New York State because they had not complied. Legislator Fagan said he understood that our budget was in the red. O’Hearn said that is correct. There is not enough in the budget line item to fund the purchase of software. He was contacted by an Election Coalition today suggesting that we follow suite to encourage not banning the lever machines. Legislator Larison said he is encouraged to see that other counties have taken action and he feels they should also. He would like to see them vote on one of the Resolutions from another County and he would then take it to Inter-County in two weeks. Legislator Bleiler feels they should use the Columbia County version they have versus the one they planned on adopting tonight. Administrator O’Hearn suggested possibly modifying a “Whereas” clause to show the impact to Schuyler County. Legislator Marcellus felt they should leave Resolution No. 80 as it is and echo one of the other counties they have received as a separate Resolution. Legislator Fagan felt enhancing Resolution No. 80 with wording from the Columbia Resolution would be better. Legislator Bleiler changed his mind and feels they should use the Ulster County’s wording instead and the Legislature agreed. Vote: 6-0. RESOLUTION NO. 80 Motion by Fagan, Second by Field. RE: RESOLUTION URGING THE NEW YORK STATE ASSEMBLY, SENATE AND GOVERNOR AND THE NEW YORK STATE BOARD OF ELECTIONS TO ENACT LAWS, RULES AND REGULATIONS THAT SPECIFICALLY AUTHORIZE THE CONTINUED USE OF LEVER STYLE 32 SCHUYLER COUNTY LEGISLATURE VOTING MACHINES AS A SOLUTION TO UNWARRANTED EXPENSES TO THE CITIZENS OF SCHUYLER COUNTY RELATIVE TO HAVA – BOARD OF ELECTIONS – AS AMENDED WHEREAS, for many decades Schuyler County has successfully used mechanical lever-style voting machines, with very few problems, and is desirous of continuing to do so, and WHEREAS, New York State enacted the Election Reform and Modernization Act of 2005 (ERMA) and other laws that require all lever machines to be replaced and prohibit the use of any lever machines in any future elections in New York State, and WHEREAS, said New York State legislation relating to voting machines far exceeds the federal requirements of Help America Vote Act (HAVA), and WHEREAS, while Schuyler County has been the recipient of federal funds to implement HAVA, the state’s additional requirements and method of allocating funds has created undue financial hardship with mandated expenses far exceeding formula based revenues , and WHEREAS, said HAVA funding formula is not equitable to the smaller counties in that after purchasing the necessary voting machines and a minimal amount of training there are no funds left for the remainder of training and purchasing of the hardware and software necessary to operate the machines and the hiring of additional personnel to program machines, do the necessary quarterly testing, ballot definition, etc. as there is for the larger counties, and WHEREAS, this inequitable formula is placing a severe burden on counties that have a smaller population and tax base with less ability to raise the funds necessary to purchase the hardware, software and additional training which in Schuyler County’s case, are in excess of $100,000, and WHEREAS, both in terms of efficacy and cost efficiency, Schuyler County believes that the continued used of lever-style voting machines is in the best interest of the public and should be permitted to be used in future elections, and WHEREAS, the State’s statutorily required elimination of lever-style voting machines is unnecessary, inappropriate, and costly to Schuyler County taxpayers, and in these difficult economic times the cost to implement elections with these new machines will not be paid for by New York State and is an unfunded mandate. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby urges the New York State Assembly, Senate and Governor and the New York State Board of Elections to enact laws, rules, and regulations that specifically authorize the continued use of lever-style voting machines, as a solution to the unwarranted expenses to the citizens of Schuyler County relative to HAVA and ensuring New York State continued maintenance of a transparent, secure, accurate and reliable electoral system using lever-style voting machines, and BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature shall forward copies of this resolution to Governor David Paterson, New York State Comptroller’s Office, Senate Majority Leader Dean O. Skelos, Senate Minority Leader Malcolm Smith, Assembly Speaker Sheldon Silver, Assembly Majority Leader Ron Canestrari, Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara, the New York Sate Association of Counties (NYSAC), and the Inter-County Association of Western New York. Vote: 6-0. RESOLUTION NO. 81 Motion by Fagan, Second by Field. RE: RESOLUTION TO CONGRESSMAN ERIC MASSA REGARDING FEDERAL FUNDING BEING TAKEN AWAY FROM THE HAVA PROGRAM – BOARD OF ELECTIONS WHEREAS, in October 2002, Congress passed the Help America Vote Act (HAVA) to help States replace antiquated voting systems and make voting accessible to people with disabilities, and WHEREAS, the Federal Government provided funds to replace lever machines in the State of New York which has been withdrawn. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the Federal Government to re-issue County HAVA grant funding to replace lever machine in the State of New York for the HAVA Program, and PROCEEDINGS OF THE YEAR 2009 33 BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to Congressman Eric Massa, Governor David Paterson, Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara, the New York Sate Association of Counties (NYSAC), and the Inter-County Association of Western New York. Vote: 6-0. RESOLUTION NO. 82 Motion by Fagan, Second by Field. RE: AUTHORIZE GRANT APPLICATION FOR 2008 FIRE PREVENTION AND SAFETY GRANT – EMERGENCY MANAGEMENT WHEREAS, Department of Homeland Security has offered a competitive grant, under the Assistance to Firefighters Grants (AFG) program, and WHEREAS, the Emergency Management Office wishes to apply for Fire Prevention and Safety Grant (FP&S) in the amount of approximately $70,000.00 to support the Fire Prevention and Fire Investigation programs, and there is no local match. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the 2008 Fire Prevention and Safety Grant; subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 83 Motion by Larison, Second by Marcellus. RE: AUTHORIZE ADVERTISEMENT FOR BIDS TO UPGRADE THE LOGGING RECORDER FOR THE 911 CENTER – EMERGENCY MANAGEMENT WHEREAS, 21 NYCRR Part 5203.2(e)(1) ensure that all emergency communications to and from all PSAPs, including telephone and radio transmissions, shall be recorded, and WHEREAS, it is the advice of the Emergency Management Office with input from the Information Technology department to upgrade the existing six year old digital recorder, and WHEREAS, Schuyler County has funding from 911 reimbursement 911 reserve funds to use to maintain equipment upgrades. NOW, THEREFORE, BE IT RESOLVED, that the Emergency Management Coordinator be authorized to set specifications and to advertise for bids for a Digital Logging Recorder, and/or utilize State Bid Contract Vendors. Vote: 6-0. RESOLUTION NO. 84 Motion by Larison, Second by Marcellus. RE: AUTHORIZE LEASE AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR THREE NEW VEHICLES – SHERIFF’S DEPARTMENT WHEREAS, money has been appropriated to lease three new vehicles for the Sheriff’s Department Road Patrol, and WHEREAS, such lease has been obtainable through the State bidding procedure. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a three-year lease agreement with Ford Motor Credit Company for the Sheriff’s Department for one (1) 2009 Dodge Durango and two (2) 2009 Dodge Chargers, through the State leasing procedure in the total amount of $2,040.44 a month, funding available in each budget year account no. 3110.204; subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 85A Motion by Marcellus, Second by Field. RE: MOTION TO AMEND RESOLUTION NO. 85 TO ADD ADDITIONAL DISTRIBUTION CONTACTS BE IT RESOLVED, that Resolution No. 85 be amended to add additional distribution contacts. Vote: 6-0. RESOLUTION NO. 85 Motion by Larison, Second by Marcellus. RE: REQUESTING AND URGING GOVERNOR PATERSON’S ADMINISTRATION TO TAKE IMMEDIATE STEPS TO MAKE MORE OF OUR NEW YORK STATES, NATURAL GAS FUELING INFRASTRUCTURE AVAILABLE TO THE MOTORING PUBLIC – AS AMENDED 34 SCHUYLER COUNTY LEGISLATURE WHEREAS, New York State currently has approximately 60 Compressed Natural Gas (CNG) fueling sites at various agencies and locations, yet only 12 are available for use by the motoring public, and WHEREAS, dedicated CNG vehicles are now available for purchase by the general public at selected dealers throughout our state, and WHEREAS, Natural Gas is an abundant, domestically, and New York State (NYS) produced fuel, capable of significantly reducing our dependence on foreign oil while spurring our own local economies, and WHEREAS, Natural Gas is a clean burning motor fuel and expansion of Public access to our existing CNG fueling infrastructure would give individual Citizens and NYS Businesses the opportunity to take initiative in reducing their carbon footprints, and WHEREAS, CNG traditionally costs 40% less per gas gallon equivalent and enhanced access to CNG would lessen our vulnerability to the radical price swings, increasingly inherent with heavy dependence on imported foreign oil, and WHEREAS, the goals of this Resolution are consistent with the ambitious goals for New York State energy independence as outlined by the Paterson Administration and the "All of the above" philosophy set forth during our recent Presidential election season, and NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature requests and urges the Governor’s Office and all State leaders to move expeditiously, offering our motoring public expanded access to NYS owned CNG fueling infrastructure, and BE IT FURTHER RESOLVED, that copies of this Resolution be sent to Governor David Paterson, Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara, the New York State Association of Counties (NYSAC), Inter-County Association of Western New York, Barry Carr, Homeland Security, Clean Energy, New York State Division of Alternative Fuels, Paul DeCitios, Deputy Secretary for Energy, Jay Darling, New York State Department of Transportation, Judith Enck, Deputy Secretary to the Environment, Fortuna Energy, Upstate Economic Development Corp.,NYSERDA, Bob Gillepsie, Founder Green Grand Prix, CNG.com and T. Boone Pickens. Vote: 6-0. RESOLUTION NO. 86 Motion by Larison, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (LAMOKA LAKE) WHEREAS, Resolution No. 450-08 authorized advertisement for sealed bids for the application Renovate on Lamoka Lake and the residual monitoring thereof, and WHEREAS, bids were opened February 18, 2009 and reviewed, with the recommendation being made by the Lamoka/Waneta Lakes District Commission to accept the bid from Allied Biological, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the bid from Allied Biological, Inc., for the application of Renovate on Lamoka Lake and the residual monitoring thereof at the bid price of $173,135.00 for treatment and $720.00 per monitoring round with an estimated total cost of $177,455.00, and authorizes its Chairman to sign any and all necessary contract documents, subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 87 Motion by Larison, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (WANETA LAKE) WHEREAS, Resolution No. 451-08 authorized advertisement for sealed bids for the application Renovate on Waneta Lake and the residual monitoring thereof, and WHEREAS, bids were opened February 18, 2009 and reviewed, with the recommendation being made by the Lamoka/Waneta Lakes District Commission to accept the bid from Allied Biological, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the bid from Allied Biological, Inc., for the application of Renovate on Waneta Lake and the residual monitoring thereof at the bid price of $107,320.00 for treatment and $720.00 per monitoring round with an estimated total cost of $111,640.00, and authorizes its Chairman to sign any and all necessary contract documents, subject to the approval of the Schuyler County Attorney. PROCEEDINGS OF THE YEAR 2009 35 Vote: 6-0. RESOLUTION NO. 88 Motion by Larison, Second by Marcellus. RE: AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR 2009 – HIGHWAY DEPARTMENT WHEREAS, in accordance with Section 103 of the General Municipal Law, all purchase contracts involving an expenditure of more than $10,000 and all contracts for public works involving an expenditure of more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this section. NOW, THEREFORE, BE IT RESOLVED, that the Purchasing Specialist, in cooperation with the County Highway Superintendent, be authorized to advertise for bids for materials and supplies for 2009 and/or participate with the State of New York in its bids, and BE IT FURTHER RESOLVED, that, as in the past, the Towns and Villages of Schuyler County so authorized by County Resolution be allowed to participate in said bids. Vote: 6-0. RESOLUTION NO. 89A Motion by Larison, Second by Marcellus. RE: MOTION TO AMEND RESOLUTION NO. 89 TO CHANGE THE WORDING IN THE LAST WHEREAS CLAUSE BE IT RESOLVED, that Resolution No. 89 be amended to change the wording in the last Whereas clause. Vote: 6-0. RESOLUTION NO. 89 Motion by Larison, Second by Field. RE: RESOLUTION URGING GOVERNOR PATERSON TO ORDER THE PRINTING AND ISSUING OF TAX EXEMPTION COUPONS FOR MEMBERS OF INDIAN TRIBES – AS AMENDED WHEREAS, Sections 274e and 471e of the New York State Tax law call for tribal members to be exempt from payment of sales and excise taxes on motor fuel and cigarettes, respectively, when purchased on qualified reservations, and WHEREAS, failure to enforce these sections of the law has led to tax inequity, whereby Indian businesses that do not collect sales and excise taxes from their customers are given an unfair competitive advantage over non-Indian businesses that must collect these taxes, causing many non-Indian businesses to close, and WHEREAS, failure to enforce these laws has meant that the State of New York has failed to collect billions of dollars of revenue that it was due, and WHEREAS, the State of New York is facing a budget deficit next year in excess of $15 billion and income from this source would produce revenue approaching $1 billion annually, and WHEREAS, failure to collect these cigarette and gasoline taxes will mean that many worthy social and economic development programs will have to be cut back or discontinued next year and in the future, and WHEREAS, Governor Paterson has acknowledged that the policy of forbearance followed by three previous Governors has not worked and that the present tax inequity is untenable, and WHEREAS, the printing and issuing of tax-exemption coupons for tribal members is the only legal method of enforcement of current tax law, the establishment of tax equity, and the collection of revenue which otherwise must come from property and income taxes. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges Governor Paterson to order the printing and issuing of tax exemption coupons to Indian tribal members immediately, so that sections 274e and 471e of the New York State tax law can be enforced, tax equity can be restored, and revenue much-needed by the state and counties can be collected, and BE IT FURTHER RESOLVED, that copies of this Resolution shall be sent to the Chairs of all County Legislatures and Boards of Supervisors with a request that their Legislature or Board adopt a similar resolution and send it to the Governor and their State Legislators, and BE IT FURTHER RESOLVED, that copies of this Resolution shall also be sent to Senate Majority Leader Malcolm Smith, Senate Minority Leader Dean Skelos, Speaker of the Assembly Sheldon Silver, State Senator Charles E. Schumer and State Senator Kirsten E. Gillibrand. 36 SCHUYLER COUNTY LEGISLATURE DISCUSSION: Legislator Bleiler wanted an explanation. Attorney Coleman explained that the Treaty of 1795 constitutes an Indian Tribe discrepancy now with the Federal Law. In this case we have a collision. The State of New York wants to tax everything in site such as cigarettes, fuel and everything sold on an Indian reservation. He would recommend that the 7th Whereas clause say “method of enforcement” rather than “for solution impediment”. Administrator O’Hearn explained that the State now wants to enforce this for the entire population and not just tribal. Vote: 6-0. RESOLUTION NO. 90 Motion by Larison, Second by Field. RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY PLANNING COMMISSION BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individual to the Schuyler County Planning Commission for the term January 1, 2009 through December 31, 2010. Rita M. Schreiber, Town of Orange Vote: 6-0. RESOLUTION NO. 91 Notion by Larison, Second by Field. RE: AUTHORIZE THE CREATION AND FILLING OF ONE (1) FULL-TIME TEMPORARY MOTOR EQUIPMENT OPERATOR POSITION – HIGHWAY DEPARTMENT WHEREAS, we have one Heavy Equipment Operator (HEO) position that will be vacant on March 2nd, due to Medical Leave for six to eight weeks, and WHEREAS, it is the recommendation of the County Highway Superintendent to create one (1) new Temporary Motor Equipment Operator (MEO) position to fill the above mentioned vacancy, upon the approval of the County Administrator, and WHEREAS, funding for this position is included in the 2009 Highway Department budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent is hereby authorized to create and fill one (1) Full-Time Temporary Motor Equipment Operator (MEO) position at an hourly rate of $14.44, as set forth in the CSEA Highway Union Contract, effective February 23, 2009. Vote: 6-0. RESOLUTION NO. 92 Motion by Larison, Second by Field. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – COUNTY OF SCHUYLER - TOWN OF READING WHEREAS, an application for correction of real property taxes has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for parcel 30.00-3-27.1, owned by Schuyler County, in the Town of Reading, and WHEREAS, the property was acquired by the county in September of 2008, and WHEREAS, all prior liens are expunged when the county forecloses on delinquent tax property, and the county is then exempt for County & Town tax purposes, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that the current tax due of $4,698.59 constitutes an unlawful entry as defined in RPTL Section 550(7)a, and WHEREAS, it is the recommendation of the Director to approve the application. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax due on this parcel be expunged from the roll, and that the tax roll and warrant be adjusted accordingly with the proper charge-backs made to the Town and the Dundee Central School District, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Reading along with a corrected warrant. Vote: 6-0. RESOLUTION NO. 93 Motion by Larison, Second by Field. RE: MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two (2) additional Resolutions be brought to the floor. Vote: 6-0. PROCEEDINGS OF THE YEAR 2009 37 RESOLUTION NO. 94 Motion by Larison, Second by Fagan. RE: AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME TEMPORARY MOTOR VEHICLE LICENSE CLERK POSITION – COUNTY CLERK WHEREAS, the Senior Clerk in the Department of Motor Vehicles has been off on medical leave for approximately two months and will remain off for an extended period of time, and WHEREAS, this leaves the Department of Motor Vehicle shorthanded with their busiest period approaching, and WHEREAS, the County Clerk is requesting to create this position, upon the approval of the County Administrator, and WHEREAS, funding for this position is included in the 2009 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Clerk is hereby authorized to create and fill the position of a full-time Temporary Motor Vehicle License Clerk at an hourly rate of $12.49, placed in Grade 3 as set forth in the Administrative Unit Contract, effective immediately until such time as the Senior Clerk returns to work or until her planned retirement in November. Vote: 6-0. RESOLUTION NO. 95 Motion by Larison, Second by Fagan. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO RENEW THE ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW WHEREAS, Schuyler County was authorized, by state legislation, to increase sales tax by 1% effective March 1, 2000, and WHEREAS, this authorization needs to be renewed every two years, and the current authorization will expire at the end of 2009, and WHEREAS, the New York State Legislature could authorize the Schuyler County Legislature to continue to impose an additional 1% sales tax for another two-year period. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature to adopt special legislation to amend such laws, including the New York State Tax Law, to authorize the Schuyler County Legislature to continue to impose an additional 1% sales tax for the years 2010-2011, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator George H. Winner, Jr., New York State Assemblyman Thomas F. O’Mara and to the Majority and Minority Leaders of the New York State Senate and Assembly. Vote: 6-0. NEW BUSINESS: None UNFINISHED BUSINESS: None REPORT ON STANDING COMMITTEES: Legislator Marcellus reported on the Community Development & Natural Resources Committee. He asked if everyone has read the Chamber announcement. He shared a Resolution from the Chamber announcing their new name and logo. He feels this is a very smart decision with the name recognition of Watkins Glen and that it is a good thing they have done. COUNTY ADMINISTARTOR’S REPORT; Nothing to report. PUBLIC PARTICIPATION: None The Meeting adjourned at 7:07 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

SPECIAL MEETING APRIL 8, 2009

The April 8, 2009 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 Fagan followed by a moment of Silence. 38 SCHUYLER COUNTY LEGISLATURE All Legislators were present except Legislators Yuhasz and Marcellus who were excused. County Attorney James Coleman was excused. County Administrator O’Hearn was present. PUBLIC PARTICIPATION: None RESOLUTION NO. 96 Motion by Larison, Second by Field. 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. AUTHORIZE APPLICATION TO THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR A SCHUYLER COUNTY TRANSIT CAPITAL ASSISTANCE GRANT Vote: 6-0. RESOLUTION NO. 97 Motion by Larison, Second by Fagan. RE: AUTHORIZE APPLICATION TO THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR A SCHUYLER COUNTY TRANSIT CAPITAL ASSISTANCE GRANT WHEREAS, Schuyler County is submitting a request for a grant of funds to the New York State Department of Transportation, pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA) for the purchase of up to or approximately three buses and related equipment, and WHEREAS, Schuyler County and the State of New York will enter into an Agreement which authorizes the undertaking of the Project, and reimbursement to the municipality of 100% of the project cost through the American Recovery and Reinvestment Act of 2009 at a cost of up to or approximately $400,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign the following: 1) The application for funding; 2) Any and all Agreements between Schuyler County and the State of New York for the above named Project; 3) Any and all Agreements between Schuyler and any third party subcontractors necessary to complete the Project; and 4) Any and all Municipality/Vendor Contracts for the purchase and/or installation of vehicles and/or equipment pursuant to the application and agreement; subject to the approval of the Schuyler County Attorney. DISCUSSION: County Administrator O’Hearn explained that the Department of Transportation (DOT) approached the County about this grant opportunity. This is a grant application to purchase three buses and related equipment to make trips to the four villages, with Arc to be a potential operator. The County is the applicant, and he feels there is a good chance of receiving the funding and the buses to go with it. This allows us to expand public transit in the County. DOT thought it would be the stimulus we need. This allows us to move forward. Legislator Fagan asked how much he is applying for. Administrator O’Hearn said the application is for $304,000 for all related equipment. The buses are $65,000 each and the remaining $100,000 will cover equipment, bus shelters, signage, radios, GPS tracking software, etc. It should cover everything they need. Legislator Bleiler feels it is good sum of money and a great stimulus. He then asked how long this program will be tried out for. O’Hearn said for approximately fourteen months. The Arc’s board has agreed to one year to start out with, as difficult as that may be. It will end up being a multi-year plan and if the Arc should opt out as our operator the program and the buses would be run by the County. Legislator Fagan felt it leaves the west side of the County cold. O’Hearn said they can look at it in the future and possibly expand and have the ability to purchase additional buses. Arc is willing to move forward at this point. Legislator Fagan asked if he knew any rates, or was it too early? O’Hearn said it was too early. He did explain that there would be different rates for different populations. The County is already spending funds on Human Services. The Arc could generate revenue which they have not been able to do before with STOA funding. He feels it should be a win-win situation. It is a competitive grant, but he feels good about it. Vote: 6-0. PUBLIC PARTICIPATION: None PROCEEDINGS OF THE YEAR 2009 39 The Meeting adjourned at 9:29 a.m. Stacy B. Husted, Clerk

REGULAR MEETING APRIL 13, 2009

The April 13, 2009 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 Fagan, followed by a moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 98 Motion by Larison, Second by Fagan. RE: APPROVE MINUTES OF THE MARCH 9, 2009 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the March 9, 2009 Regular Meeting, of the Schuyler County Legislature be approved. Vote: 7-0. RESOLUTION NO. 99 Motion by Karius, Second by Bleiler. RE: AUTHORIZE ADVERTISEMENT FOR A NEW EMERGENCY SERVICES PAGING AND RADIO INTEROPERABLE COMMUNICATIONS SYSTEM – EMERGENCY MANAGEMENT WHEREAS, the current communication system is inadequate to meet current and future communications needs, and WHEREAS, the communication system is the lifeline for emergency responders including Law Enforcement, Fire Service, Emergency Medical Service and Public Works as well as essential to public safety, and WHEREAS, in accordance with Section 103 of the General Municipal Law, all purchase contracts involving an expenditure of more than $10,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this section. NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be hereby authorized to advertise for bids for a paging and interoperable radio communication system. Vote: 7-0. RESOLUTION NO. 100 Motion by Karius, Second by Bleiler. RE: AUTHORIZE AGREEMENT WITH SOCIAL SERVICES FOR THE TANF SUMMER YOUTH EMPLOYMENT PROGRAM – YOUTH BUREAU WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the strict income criteria of the Workforce Investment Act Employment Program, and WHEREAS, the Schuyler County Youth Bureau through a contract with the Department of Social Services, will implement the Summer Youth TANF Employment Program, and WHEREAS, the program will employ approximately 20 youth with the wages for the youth and supervisors paid through the TANF money. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to hire and implement the above mentioned employment program from May 1, 2009 through September 30, 2009 for youth ages 14 – 20, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with the Department of Social Services for the Youth Bureau for said program; subject to approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 101 Motion by Karius, Second by Bleiler. RE: ESTABLISH 2009 – 2010 LEAD GRANT – PUBLIC HEALTH WHEREAS, Schuyler County’s annual Lead Grant will be $23,732 for the period April 1, 2009 through March 31, 2010. 40 SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2009 – 2010 Lead Grant Budget, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLTUION NO. 102 Motion by Larison, Second by Field. RE: AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER HOSPITAL, INC. FOR PHYSICAL THERAPY SERVICES FOR 2009 – PUBLIC HEALTH WHEREAS, Schuyler County Public Health contracts with Schuyler Hospital for Physical Therapy procedures that require a cumbersome piece of equipment that cannot be taken into the home, and WHEREAS, Schuyler Hospital has requested an increase in the rates for these services, and WHEREAS, funds are available in the 2009 Public Health budget to provide for the proposed rate increases. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Schuyler Hospital, Inc. to provide Physical Therapy Services at the following rates, funding available in the Public Health budget, account no. 4010.490, subject to the approval of the Schuyler County Attorney. Paraffin Bath $100.88 per treatment Small Whirlpool $100.88 per treatment Contrast Baths $62.40 per 15 minutes Prosthetic Training $66.56 per 15 minutes Splint Fabrication $52.15 per 15 minutes (unchanged) Removal of Devitalized Tissue $133.12 per 15 minutes Therapeutic Exercises Requiring Large Equipment $80.08 per 15 minutes Vote: 7-0. RESOLUTION NO. 103 Motion by Larison, Second by Field. RE: RECOGNIZE MAY 3-9, 2009 AS CHILDREN’S MENTAL HEALTH WEEK – COMMUNITY SERVICES WHEREAS, the citizens of The Empire State value their health and that of their families and fellow New Yorkers, therefore, they are proud to support observances such as Children’s Mental Health Week, and WHEREAS, almost 21 percent of children and adolescents aged 9-17 in the United States have a mental health challenge, nearly 11 percent suffer from a major mental challenge that results in significantly impaired behavior at home, at school and among peers, 5 percent have extreme functional impairment with their illness, and WHEREAS, it is important that children and adolescents, along with their families and communities, learn about the warning signs of mental health challenges and where to obtain necessary assistance and treatment, and WHEREAS, obtaining a full and accurate diagnosis of a child requires gathering information from diverse sources, including the family, school and others involved with that child, and WHEREAS, early diagnosis and appropriate treatment of mental health challenges among children and adolescents provide them better opportunities to lead full and productive lives, and WHEREAS, the participation of family members in the assessment and treatment of children and adolescents is integral to positive clinical outcomes, and WHEREAS, Children’s Mental Health Week was developed by families of youth with emotional, behavioral and social challenges to focus on the needs of their children and families, and WHEREAS, in celebrating this week, it is fitting to increase public awareness among all New Yorkers of this important issue and diminish stigma. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes May 3-9, 2009 As Children’s Mental Health Week. Vote: 7-0. RESOLUTION NO. 104 Motion by Larison, Second by Karius. RE: AUTHORIZE CONTRACT WITH MARGARET MORRISON/MORRISON THERAPEUTIC SERVICES FOR PRESCHOOL RELATED SERVICES – PUBLIC HEALTH PROCEEDINGS OF THE YEAR 2009 41 WHEREAS, Schuyler County is required to provide Preschool Special Education Services and Related Therapy Services to children determined to be in need of such services, and WHEREAS, Margaret Morrison/Morrison Therapeutic Services is able to provide the Related Therapy Services for children residing in Schuyler County, and WHEREAS, the rate for Related Therapy Services will be $60.00 per half hour session. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Margaret Morrison/Morrison Therapeutic Services for the provision of Children’s Preschool Therapy Services, effective April 1, 2009 through June 30, 2010, at the rate of $60 per half hour session, to be renewed annually, July 1, 2010 through June 30, 2011 funds available in the Public Health budget, account no. 2960.400, subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 105 Motion by Karius, Second by Bleiler. RE: AUTHORIZE CONTRACT WITH MARGARET MORRISON/MORRISON THERAPEUTIC SERVICES FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention Services for children, and WHEREAS, Margaret Morrison/Morrison Therapeutic Services is approved as a provider for Early Intervention Services, and WHEREAS, rates paid for Early Intervention Services provided under this contract are set by the New York State Department of Health and are not subject to negotiation. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Margaret Morrison/Morrison Therapeutic Services for Early Intervention Services, effective April 1, 2009 through December 31, 2009, at rates established by the New York State Department of Health, to be renewed annually on a calendar year, funds available in the Public Health budget, account no. 4054.490, subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 106 Motion by Karius, Second by Bleiler. RE: ESTABLISH 2009 - 2010 IMMUNIZATION GRANT - PUBLIC HEALTH WHEREAS, Schuyler County’s annual Immunization Grant will be $30,000 for the period April 1, 2009 through March 31, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2009 - 2010 Immunization Grant Budget, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 107 Motion by Karius, Second by Bleiler. RE: PROCLAIM MAY 2009 AS OLDER AMERICANS MONTH – OFFICE FOR THE AGING, PUBLIC HEALTH, MENTAL HEALTH SERVICES, FAMILIES FIRST/NY CONNECTS, THE NEW FALLS HOME, SENECA VIEW SKILLED NURSING FACILITY AND ADULT PROTECTIVE SERVICES

WHEREAS, Schuyler County is a community in which over 3,700 citizens age 60 and over make their home, and WHEREAS, older adults in Schuyler County and throughout the nation are an increasing population with evolving needs, and WHEREAS, older Americans are valuable members of our society who enhance our communities and personal lives, and WHEREAS, the increasing number of baby boomers reaching traditional retirement age highlights the need for increased support of older adults, and WHEREAS, our older citizens of today and tomorrow promise to be among the most active and involved older adult populations in our nation’s history, and 42 SCHUYLER COUNTY LEGISLATURE WHEREAS, it is the responsibility of this and all U.S. communities to work collaboratively to address older adults’ unique health and long-term care challenges, and WHEREAS, it is crucial that communities implement systems of care to help empower older Americans and give them more control over their own lives, and WHEREAS, communities can improve older citizens’ overall quality of life by helping them. Make behavioral changes in their lifestyles that can reduce the risk of disease, disability, and injury, obtain the tools they need to make informed decisions about, and gain better access to, existing health and long-term care options in their communities and have more options to increase services for people to remain at home as long as possible. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim May 2009 to be Older Americans Month and urges everyone to take time this May to honor our older adults and the professionals, family members, and citizens who care for them. Our efforts can improve the lives of our older citizens and help pave the way for future generations. DISCUSSION: Legislator Marcellus said he received an invitation from the Office for the Aging to participate in the Mayors for Meals Benefit this year. He would like all of you to participate next year if invited. He was amazed. This is a life line for our senior citizens and it allows them to stay in their homes. He was very impressed and pleased to take part in this program. Vote: 7-0. RESOLUTION NO. 108 Motion by Bleiler, Second by Field. RE: RECOGNIZE APRIL 2009 AS PARKINSON DISEASE AWARENESS MONTH – OFFICE FOR THE AGING AND PUBLIC HEALTH WHEREAS, the health and well-being of the citizens of Schuyler County is of great importance, and WHEREAS, a growing trend of diagnoses of Parkinson Disease or Parkinson-like symptoms are being noted, and WHEREAS, Parkinson Disease is a chronic, progressive, neuro-degenerative disease with four (4) primary symptoms including tremors, rigidity, bradykinesia and postural instability, and WHEREAS, data shows that 1 in 272 individuals are diagnosed with Parkinson Disease with an estimated 3-4 million more undiagnosed, and WHEREAS, striking more than 1.5 million people in the United States, Parkinson’s Disease is most commonly associated with persons over the age of 50, and WHEREAS, there are multiple organizations dedicated to research to find a cure which has led to the development of new, more effective treatments and better therapies, and WHEREAS, Schuyler County applauds the dedication of persons involved in the medical care and quality of life management of individuals suffering from Parkinson’s, along with those who provide support services critical to persons afflicted with this disease as well as their families, and WHEREAS, we furthermore recognize the importance of raising public awareness of Parkinson Disease and the efforts to effectively treat those diagnosed. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby recognize April 2009 as Parkinson Disease Awareness Month. Vote: 7-0. RESOLUTION NO. 109 Motion by Bleiler, Second by Field. RE: RESOLUTION TO AUTHORIZE THE CERTIFICATION OF THE 2007 COST ALLOCATION PLAN – SOCIAL SERVICES BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the 2007 Cost Allocation Plan prepared by Venesky and Company for the Schuyler County Department of Social Services’ claiming of county-wide administrative costs and maintenance in lieu of rent in 2009, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to certify the plan to the NYS Office of Temporary and Disability Assistance. Vote: 7-0. RESOLUTION NO. 110 Motion by Bleiler, Second by Field. RE: RECOGNIZE APRIL 19-25, 2009 AS WEEK OF THE YOUNG CHILD PROCEEDINGS OF THE YEAR 2009 43 WHEREAS, Schuyler Head Start, Inc. and other local organizations, in conjunction with the National Association for the Education of Young Children are celebrating the Week of the Young Child, April 19-25, 2009, and WHEREAS, these organizations are working to improve early learning opportunities, including early literacy programs, that can provide a foundation of learning for children in Schuyler County, New York, and WHEREAS, teachers and others who make a difference in the lives of young children in Schuyler County, New York deserve thanks and recognition, and WHEREAS, public policies that support early learning for all young children are crucial to young children’s futures. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim April 19-25, 2009 as the Week of the Young Child in Schuyler County, New York and encourage all citizens to invest in early childhood development in Schuyler County, New York. Vote: 7-0. RESOLUTION NO. 111 Motion by Larison, Second by Marcellus. RE: AUTHORIZE ADVERTISEMENT FOR BIDS TO PURCHASE IP TELEPHONES – BUILDINGS & GROUNDS WHEREAS, the County has a “Voice and Data Communications Equipment Reserve” account generated from revenues received through the Central Services Phone Account for the purposes of funding such items as phone equipment, and WHEREAS, expenditures shall be made from this fund only upon authorization from this Legislative body pursuant to Section 6-c of the General Municipal Law, and WHEREAS, it is the recommendation of the Building Maintenance Supervisor that the County request bids for the purchase of 55 IP phones for the newly renovated offices at the County Complex. NOW, THEREFORE, BE IT RESOLVED, that the Buildings Maintenance Supervisor is hereby authorized to advertise for bids to purchase 55 phones. Vote: 7-0. RESOLUTION NO. 112 Motion by Larison, Second by Marcellus. RE: AUTHORIZE CHANGE ORDER #GC05 WITH ACE UNLIMITED FOR THE GENERAL CONSTRUCTION PORTION OF THE COURTHOUSE COMPLEX CONSTRUCTION PHASE II – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 391-08 authorized a contract with ACE Unlimited for the General Contractors Portion of the Courthouse Complex Construction Phase II for remodeling in the Courthouse Complex. WHEREAS, there is a need to construct three additional rooms on the second floor, and WHEREAS, Change Order #GC05 proposes to construct the three additional rooms for a total additional cost of $14,632, and WHEREAS, the Building Maintenance Supervisor has reviewed the referenced changes and recommends authorization thereof as follows: Original Contract Amount $642,200 Amount Contract Increased by Previous Change Orders $ 17,678 Amount Contract will Increase by Change Order #GC05 $ 14,632 New Total Contract Amount $674,510 WHEREAS, funding is available in Capital Reserve account no. 004-1620-606 to pay for said increase. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign Change Order #GC05 proposal at a total cost of $14,632 with ACE Unlimited, subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 113 Motion by Larison, Second by Marcellus. RE: AUTHORIZE AMENDING THE 2009 COUNTY ROAD BUDGET FOR FEDERAL STIMULUS FUNDS AT 100% REIMBURSEMENT FOR SHOVEL READY PROJECTS - HIGHWAY 44 SCHUYLER COUNTY LEGISLATURE WHEREAS, the Highway Department has applied for funds in the amount of $250,000 for shovel ready projects at 100% reimbursement, and WHEREAS, there needs to be an amendment to the County Road Fund budget for these funds. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer amend the 2009 County Road Fund for the expense and revenue: AMOUNT ACCOUNT NO. DESCRIPTION +$250,000.00 5112-342 Reconstruction of CR 16 +$250,000.00 0002.4597 Federal Aid Other Revenues, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the NYS Department of Transportation that will be assigned to this project, subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 114 Motion by Larison, Second by Fagan. RE: AUTHORIZE CREATION AND FILLING OF ONE (1) FULL-TIME TEMPORARY MOTOR EQUIPMENT OPERATOR (MEO) POSITION AND ABOLISH ONE (1) FULL-TIME TEMPORARY LABORER POSITION –HIGHWAY DEPARTMENT WHEREAS, there are currently four (4) Temporary Laborer Positions approved in the Highway Department, and WHEREAS, the Highway Superintendent and the Public Works Committee have decided it would be beneficial to abolish one (1) full-time Temporary Laborer Position and create and fill one (1) full-time Temporary Motor Equipment Operator Position (MEO), and WHEREAS, the funding for this position is available in the 2009 account no. 5110.100-Personnel Services. NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent is authorized to create and fill one (1) full-time Temporary Motor Equipment Operator position (MEO) at the rate of $14.44 per hour for not more than a six (6) month period, effective immediately, and BE IT FURTHER RESOLVED, that one (1) full-time Temporary Laborer position be abolished. Vote: 7-0. RESOLUTION NO. 115 Motion by Larison, Second by Fagan. RE: AUTHORIZE APPOINTMENT OF RECORDS ACCESS OFFICER WHEREAS, it is the recommendation of the Human Resources Director and the Clerk of the Legislature that a Records Access Officer be appointed for the County and that the County Administrator position be revised to assume said responsibilities. NOW, THEREFORE, BE IT RESOLVED, that the County Administrator be hereby designated as the Schuyler County Records Access Officer, effective immediately. Vote: 7-0. RESOLUTION NO. 116 Motion by Larison, Second by Fagan. RE: DECLARE EQUIPMENT JUNK FOR VARIOUS DEPARTMENTS – TREASURER OFFICE BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said equipment as junk. BE IT FURTHER RESOLVED, that the following equipment below be disposed of: Asset # Description Department 1343 IBM Selectric III typewriter DSS 1891 UPS Battery backup DSS 4523 UPS Battery backup DSS None Dell Monitor 17” DSS None Dell Laptop DSS 1904 2 Draw w/lock file cabinet (beige) Prob (lock broken beyond repair per B&G) 2129 File Cabinet 4 drawer Emerg Mgmt 2135 File Cabinet 4 drawer Emerg Mgmt PROCEEDINGS OF THE YEAR 2009 45 2213 Simplex Alarm Box Emerg Mgmt 2217 Alarm Box Emerg Mgmt N/A Office Chair Red Emerg Mgmt N/A (3) 911 Center Dispatch Chairs Emerg Mgmt Vote: 7-0. RESOLUTION NO. 117 Motion by Fagan, Second by Field. RE: DECLARE TWO (2) VEHICLES AS SURPLUS EQUIPMENT – TREASURER OFFICE WHEREAS, the Highway Department and the Sheriff’s Department wish to declare two vehicles as surplus. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said vehicles as surplus, and BE IT FURTHER RESOLVED, that said vehicles be auctioned off. Asset# Description Department 627 1945 GMC 6x6 Truck w/leRoi Engine/Compressor Highway 5688 1996 Dodge Caravan VIN #1 B4GP54L2TB170880 Sheriff Vote: 7-0. RESOLUTION NO. 118 Motion by Fagan, Second by Field. RE: AUTHORIZE THE CREATION OF A CRIME VICTIMS TRUST FUND ACCOUNT – DISTRICT ATTORNEY WHEREAS, the Schuyler County District Attorney’s Office wishes to create a trust fund account in order to receive donations and funds to assist domestic violence victims and others who may be in need of immediate assistance, and WHEREAS, said office is already in receipt of funding in the amount of $69.25. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorize the Schuyler County Treasurer to set up a Crime Victims Trust Fund account for the Schuyler County District Attorney’s Office. DISCUSSION: Legislator Bleiler questioned rather we have controls in place for this account. Legislator Fagan shared the same concern. The Clerk read an email she received from the Treasurer, Margaret Starbuck, that states that the District Attorney’s Office will be keeping all of the documentation for the auditors. They will need to justify the need to the Treasurer and send over the request to the Treasurer to release a debit card for the victim. The Treasurer does not want to know who the victim is. She will only keep the justification on file. This process has been approved by the County’s auditing firm. Vote: 7-0. RESOLUTION NO. 119 Motion by Fagan, Second by Field. RE: PROCLAIM MAY 3-9, 2009 AS NATIONAL COUNTY GOVERNMENT WEEK – GREENING OUR FUTURE WHEREAS, the nation’s 3,068 counties provide a variety of essential public services to communities serving 300 million Americans, and WHEREAS, Schuyler County and all counties take seriously their responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost-effective ways, and WHEREAS, many County government initiatives and programs involve the protection of valuable and vulnerable environmental resources in communities, and WHEREAS, the National Association of Counties is the only national organization that represents County government in the United States, and WHEREAS, the National Association of Counties created National County Government Week in 1991 to raise public awareness and understanding about the roles and responsibilities of the nation’s counties to meet the needs of the community, and WHEREAS, NACo and Schuyler County are working together to Restore the Partnership between all levels of government to better serve American communities. 46 SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby proclaims May 3-9, 2009 as National County Government Week and encourage all Schuyler County officials, employee, school and residents to participate in County government week activities. Vote: 7-0. RESOLUTION NO. 120 Motion by Fagan, Second by Field. RE: RECOGNIZE THE WEEK OF APRIL 19-25, 2009 AS “NATIONAL VOLUNTEER WEEK” WHEREAS, the citizens of Schuyler County have, through selfless dedication, given of themselves for the betterment of this community, and WHEREAS, these citizens serve, through countless hours of volunteering, the agencies and institutions of Schuyler County. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature does hereby recognize April 19-25, 2009 as “National Volunteer Week” in Schuyler County, and BE IT FURTHER RESOLVED, the Legislature further hopes that these dedicated volunteers continue to enrich our lives, through their most excellent example; their warmth, commitment and generosity, being an inspiration to us all. To each of them we express the thanks of a grateful citizenry. Vote: 7-0. RESOLUTION NO. 121 Motion by Fagan, Second by Field. RE: AUTHORIZE CONTRACT WITH FREDERICK M. CERIO, ESQ. FOR CHILD PROTECTIVE ATTORNEY SERVICES - COUNTY ATTORNEY’S OFFICE WHEREAS, the Schuyler County Department of Social Services demonstrated the need for additional assistance in the prosecuting of Abuse & Neglect cases, and WHEREAS, the cost of such assistance has been previously budgeted and approved in the amount of $20,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Frederick M. Cerio, Esq. for Child Protective Attorney Services for the County Attorney’s Office effective April 1, 2009 through December 31, 2009, funding available in the 2009 County Attorney budget account no. 1420.401; subject to approval of the Schuyler County Attorney. DISCUSSION: Legislator Marcellus said it seems that we are spending more for prosecution. He asked if there is anything they can do to stem the tide. Attorney Coleman said they prosecute all the cases. Legislator Marcellus asked why there was such an increase in the number of prosecutions. Attorney Coleman explained that over the years the trend has always been increasing. Legislator Fagan said there was a change in the reporting structure last year. Legislator Marcellus asked the County Attorney if his office works to refer cases versus prosecute them. Attorney Coleman explained the there are various means of referrals. He assured Legislator Marcellus that this is exercised frequently. They try and reunite under means other than the courts. Legislator Marcellus asked why they then need an additional $20,000 increase in funding? Attorney Coleman stated that this had been well demonstrated that his office that his Assistant County Attorney is overwhelmed with her workload. Legislator Marcellus asked how and when was this information shared in Committee? Attorney Coleman said he justified the need to the Commissioner of Social Services. It is demand driven. Legislator Marcellus asked if there were other options or if the County Attorney had other funds in his budget to pay for this attorney. Attorney Coleman said no there is not. He explained that his office operates on a razor thin margin and there is no margin for error. Legislator Bleiler asked if this was a planned budgeted item. Administrator O’Hearn said yes it was. Legislator Fagan stated that last years reports where the highest we have ever had. He expects an upswing over the next five years. Administrator O’Hearn said historically when the economy is bad, this seams to generate a higher rate of domestic violence. During the budget process we looked at the Performance Based Budget and the case load. I am the last person to agree to extra funding just because you have to work hard. He aggress that the Assistant County Attorney needs the help. Legislator Marcellus asked if it was routine for caseworkers to refer to the County Attorney. Attorney Coleman said a referral does not mean a petition, but it does mean a consultation. He explained that this process is last resort not first resort. Administrator O’Hearn said the numbers are increasing, and our caseworkers take their cases seriously. Vote: 6-1. No: Marcellus. PROCEEDINGS OF THE YEAR 2009 47 RESOLUTION NO. 122 Motion by Fagan, Second by Field. RE: RESOLUTION URGING THE STATE LEGISLATURE TO PASS JILLY’S LAW, SENATE BILL S.1401 AND ASSEMBLY BILL A.3035 WHEREAS, New York State Senate Bill 1401 and New York State Assembly Bill 3035 would permit courts to consider violations of court orders, history of threats or violence against an alleged victim, previous records of protection against the individual, the violent nature of the charged crime, the impact that the crime had against the victim and other relevant circumstances when determining bail in domestic violence cases. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature pause in its deliberations to acknowledge the importance of “Jilly’s Law” and urges the immediate passage and chaptering of New York State Senate Bill 1401 and New York State Assembly Bill 3035, which will provide additional protection to victims of domestic violence, and BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to Governor David Paterson, Assembly Speaker Sheldon Silver, Majority Leader Malcolm Smith, Attorney General Andrew Cuomo, Senator George H. Winner, Jr., and Assemblyman Thomas F. O’Mara. Vote: 7-0. RESOLUTION NO. 123 Motion by Larison, Second by Marcellus. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.3224 AND ASSEMBLY BILL A.6789 AUTHORIZING AN ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature pass Senate Bill S.3224 and Assembly Bill A.6789 to adopt special legislation, an act to amend the tax law, in relation to the tax law on sales and the compensating use tax to be imposed in the County of Schuyler, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator George H. Winner, Jr., New York State Assemblyman Thomas F. O’Mara, and to the Majority and Minority Leaders of the New York State Assembly and Senate. Vote: 7-0. RESOLUTION NO. 124 Motion by Larison, Second by Marcellus. RE: AUTHORIZE RESCINDING RESOLUTION NO. 92-09 TITLED “RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – COUNTY OF SCHUYLER - TOWN OF READING” WHEREAS, Resolution No. 90-09 authorized an application for correction of real property taxes on property owned by Schuyler County, and WHEREAS, said property taxes were in fact paid in November of 2008 for this property and the tax deed was never recorded. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 92-09 be rescinded because the property does not belong to the County. Vote: 7-0. RESOLUTION NO. 125 Motion by Larison, Second by Marcellus. RE: AUTHORIZE CONTRACT WITH CME ASSOCIATES, INC. FOR CONSTRUCTION TESTING – BUILDINGS AND GROUNDS WHEREAS, to insure product and procedure conformity certain material testing is required for products such as concrete, steel and fill material compaction by a third party, and WHEREAS, three quotes have been acquired and it is Hunt Engineers, Architects & Surveyors recommendation to accept the lowest proposal from CME Associates, Inc., 701B Chemung Street, Horseheads, NY 14845, and WHEREAS, funding is available in the Shared Services Public Works Facility Capital Reserve account no. 004-1620-211. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into contract with CME Associates, Inc. at a not to exceed price of $7,500, subject to approval of the Schuyler County Attorney. 48 SCHUYLER COUNTY LEGISLATURE Vote: 7-0. RESOLUTION NO. 126 Motion by Larison, Second by Field. RE: AUTHORIZE CHANGE ORDER #H02 WITH HMI MECHANICAL SYSTEMS, INC. FOR THE MECHANICAL CONSTRUCTION PORTION OF THE COURTHOUSE COMPLEX CONSTRUCTION PHASE II – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 393-08 authorized a contract with HMI Mechanical Systems, Inc., for the Mechanical Contractors Portion of the Courthouse Complex Construction Phase II for remodeling in the Courthouse Complex. WHEREAS, there are three additional rooms being constructed on the second floor, and WHEREAS, there is a need for additional HVAC components in this area, and WHEREAS, Change Order #H02 proposes to provide and install the HVAC modifications to accommodate these three rooms for a total additional cost of $5,104, and WHEREAS, the Building Maintenance Supervisor has reviewed the referenced changes and recommends authorization thereof as follows: Original Contract Amount $ 367,990 Amount Contract Decreased by Previous Change Order -$ 18,700 Amount Contract will Increase by Change Order H02 $ 5,104 New Total Contract Amount $ 354,430 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign Change Order #H02 proposal at a total cost of $5,104 with HMI Mechanical Systems, Inc., subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 127 Motion by Larison, Second by Field. RE: AUTHORIZE CHANGE ORDER #E03 WITH G.O. WICK, INC. FOR THE ELECTRICAL CONSTRUCTION PORTION OF THE COURTHOUSE COMPLEX CONSTRUCTION PHASE II – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 392-08 authorized a contract with G.O. Wick, Inc., for the Electrical Contractors portion of the Courthouse Complex Construction Phase II for remodeling in the Courthouse Complex. WHEREAS, there are three additional rooms being constructed on the second floor, and WHEREAS, there is a need for additional electrical wiring and fire alarm components in this area, and WHEREAS, Change Order #E03 proposes to provide and install the electrical and fire service mechanisms for these three rooms for a total additional cost of $6,978, and WHEREAS, the Building Maintenance Supervisor has reviewed the referenced changes and recommends authorization thereof as follows: Original Contract Amount $ 225,570 Amount Contract Increased by Previous Change Orders $ 1,084 Amount Contract will Increase by Change Order E03 $ 6,978 New Total Contract Amount $ 233,632 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign Change Order #E03 proposal at a total cost of $6,978 with G.O. Wick, Inc., subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 128 Motion by Larison, Second by Field. RE: AUTHORIZE APPOINTMENT TO THE SOIL & WATER CONSERVATION BOARD WHEREAS, Doug Learn representing the Grange has stepped down from his three year appointment to the Soil & Water Conservation Board. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Gary Gaige to fill the unexpired term of April 13, 2009 – December 31, 2011. Vote: 7-0. RESOLUTION NO. 129 Motion by Bleiler, Second by Larison. PROCEEDINGS OF THE YEAR 2009 49 RE: ACCEPT/REJECT BIDS FOR CRUSHED STONE (LIMESTONE) & CRUSHED GRAVEL – HIGHWAY DEPARTMENT WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent recommend exercising the first of a two-year contract renewal option for Crushed Stone (Limestone) & Crushed Gravel, and WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2009 through March 31, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the following bid extension: Hanson Aggregates, Inc. Seneca Stone 4800 Jamesville Rd.-PO Box 513 PO Box 76 Jamesville, NY 13078-0513 Fayette, NY 13065

Blades-Steuben Crushed Stone Dalrymple Gravel & Contracting Co. PO Box 590 2105 S. Broadway Hornell, NY 14843 Pine City, NY 14871

Blades-Howard Stone & Gravel Odessa Sand & Gravel PO Box 590 226 Cecil A Malone Dr. Hornell, NY 14843 Ithaca, NY 14850

Newfield Gravel Corp. Angelo Sand & Gravel 226 Cecil A Malone Dr. 226 Cecil A Malone Dr. Ithaca, NY 14850 Ithaca, NY 14850

Padua Ridge 3362 SR 409 Watkins Glen, NY 14891 Copies of these bids are available upon request through the Purchasing or Legislative Office. Vote: 7-0. RESOLUTION NO. 130 Motion by Bleiler, Second by Larison. RE: ACCEPT/REJECT BIDS FOR GALVANIZED PIPE, FLARE END SECTIONS-HIGHWAY WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent agreed to exercising the second and final of a two-year contract renewal option for Galvanized Pipe, Flared End Sections, and WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2009 through March 31, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the following bid extension: Chemung Supply Corporation PO Box 527 Elmira, NY 14902 Copies of these bids are available upon request through the Purchasing or Legislative Office. Vote: 7-0. RESOLUTION NO. 131 Motion by Bleiler, Second by Larison. RE: ACCEPT/REJECT BIDS FOR GUIDERAIL – HIGHWAY WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent agreed to exercising the second and final of a two-year contract renewal option for Guiderail, and WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2009 through March 31, 2010. 50 SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the following bid extension: Chemung Supply Corporation PO Box 527 Elmira, NY 14902 Copies of these bids are available upon request through the Purchasing or Legislative Office. Vote: 7-0. RESOLUTION NO. 132 Motion by Bleiler, Second by Larison. RE: ACCEPT/REJECT BIDS FOR ICE CONTROL SAND – HIGHWAY WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent agreed to exercising the second and final of a two-year contract renewal option for Ice Control Sand, and WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2009 through March 31, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the following bid extension: Angelo Sand & Gravel Odessa Sand & Gravel 226 Cecil A. Malone Dr. 226 Cecil A. Malone Dr. Ithaca, NY 14850 Ithaca, NY 14850

Padua Ridge 3362 SR 409 Watkins Glen, NY 14891 Copies of these bids are available upon request through the Purchasing or Legislative Office. Vote: 7-0. RESOLUTION NO. 133 Motion by Bleiler, Second by Larison. RE: ACCEPT/REJECT BIDS FOR USED STEEL PIPE – HIGHWAY WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent agreed to exercising the second and final of a two-year contract renewal option for Used Steel Pipe, and WHEREAS, the following bidders have agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2009 through March 31, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the following bid extensions: Chemung Supply Corporation Alleghany Pipe & Tubular Products PO Box 527 2954 CR 22 Elmira, NY 14902 Andover, NY 14806 Copies of these bids are available for inspection at the Purchasing Office and the Legislative Office. Vote: 7-0. RESOLUTION NO. 134 Motion by Bleiler, Second by Larison. RE: ACCEPT/REJECT BIDS FOR ASPHALT EMULSIONS - HIGHWAY WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent agreed to exercising the first of a two-year contract renewal option for Asphalt Emulsions, and WHEREAS, the following bidders have agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2009 through March 31, 2010. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Management & Finance Committee, the Schuyler County Legislature accepts the following bid extensions: Central Asphalt Vestal Asphalt 20 Fairground Lane 201 Stage Road Watkins Glen, NY 14891 Vestal, NY 13850 Copies of these bids are available upon request through the Purchasing or Legislative Office. Vote: 7-0. RESOLUTION NO. 135 Motion by Bleiler, Second by Larison. PROCEEDINGS OF THE YEAR 2009 51 RE: ACCEPT/REJECT BIDS FOR COLD MIX STOCK PILE PATCHING MATERIAL - HIGHWAY WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent agreed to exercising the first of a two-year contract renewal option for Cold Mix Stock Pile Patching Material, and WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2009 through March 31, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the following bid extension: Central Asphalt 20 Fairgrounds Lane Watkins Glen, NY 14891 Copies of these bids are available upon request through the Purchasing or Legislative Office. Vote: 7-0. RESOLUTION NO. 136 Motion by Bleiler, Second by Larison. RE: ACCEPT/REJECT BIDS FOR TIRES - HIGHWAY WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent agreed to exercising the first of a two-year contract renewal option for Tires, and WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2009 through March 31, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the following bid extension: Ron Parmenter Motors, Inc. 103 Railroad St. Odessa, NY 14869 Copies of these bids are available upon request through the Purchasing or Legislative Office. Vote: 7-0. RESOLUTION NO. 137 Motion by Bleiler, Second by Larison. RE: ACCEPT/REJECT BIDS FOR SIGN POSTS & EXTENSIONS - HIGHWAY WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent agreed to exercising the first of a two-year contract renewal option for Sign Posts & Extensions, and WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2009 through March 31, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the following bid extension: Chemung Supply Corporation PO Box 527 Elmira, NY 14902 Copies of these bids are available upon request through the Purchasing or Legislative Office. Vote: 7-0. RESOLUTION NO. 138 Motion by Bleiler, Second by Larison. RE: ACCEPT/REJECT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL & SELECT GRANULAR FILL - HIGHWAY WHEREAS, Resolution No. 88 authorized the advertising for bids for furnishing of materials/services for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 26, 2009. NOW, THEREFORE, BE IT RESOLVED, that upon the recommendation of the Purchasing Department, in cooperation with the County Highway Superintendent and the Management and Finance Committee, the Schuyler County Legislature accepts the following bids: ALL BIDS ACCEPTED Hanson Aggregates H.L. Robinson Sand & Gravel P.O. Box 513 535 Ithaca Rd., P.O. Box 121 52 SCHUYLER COUNTY LEGISLATURE Jamesville, NY 13078 Candor, NY 13743

Newfield Sand & Gravel Inc. Odessa Sand & Gravel Inc. 226 Cecil A. Malone Dr. 226 Cecil A. Malone Dr. Ithaca, NY 14850 Ithaca, NY 14850

Angelo’s Sand & Gravel, Inc. Machuga Pit 226 Cecil A. Malone Dr. 7534 Rt. 226 Ithaca, N.Y. 14850 Bradford, NY 14815 Copies of these bids are available upon request through the Purchasing or Legislative Office. Vote: 7-0. RESOLUTION NO. 139 Motion by Bleiler, Second by Larison. RE: ACCEPT/REJECT BIDS FOR NEW & USED STEEL PLATE, POLYETHYLENE PIPE, NEW & USED BRIDGE AND SHOP STEEL - HIGHWAY WHEREAS, Resolution No. 88 authorized the advertising for bids for furnishing of materials/services for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 26, 2009. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Purchasing Department, in cooperation with the County Highway Superintendent and the Management and Finance Committee, the Schuyler County Legislature accepts the following bids: Chemung Supply Corporation PO Box 527 Elmira, NY 14902 Copies of these bids are available for inspection at the Purchasing Office and the Legislative Office. Vote: 7-0. RESOLUTION NO. 140 Motion by Bleiler, Second by Larison. RE: ACCEPT/REJECT BIDS FOR READY-MIX CONCRETE & CONCRETE RETAINING WALL BLOCKS - HIGHWAY WHEREAS, Resolution No. 88 authorized the advertising for bids for furnishing of materials/services for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 26, 2009. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Purchasing Department, in cooperation with the County Highway Superintendent and the Management and Finance Committee, the Schuyler County Legislature accepts the following bids: Hanson Aggregates P.O. Box 513 Jamesville, NY 13078 Copies of these bids are available upon request through the Purchasing or Legislative Office. Vote: 7-0. RESOLUTION NO. 141 Motion by Bleiler, Second by Larison. RE: ACCEPT/REJECT BID FOR TREE AND STUMP REMOVAL - HIGHWAY WHEREAS, Resolution No. 88 authorized the advertising for bids for furnishing of materials/services for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 26, 2009. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Purchasing Department, in cooperation with the County Highway Superintendent and the Management and Finance Committee, the Schuyler County Legislature accepts the following bid: Beers Tree Service, Inc. 3900 Smith Rd. Cameron Mills, NY 14820 Copies of these bids are available upon request through the Purchasing or Legislative Office. PROCEEDINGS OF THE YEAR 2009 53 Vote: 7-0. RESOLUTION NO. 142 Motion by Bleiler, Second by Karius. RE: AUTHORIZE CONTRACT WITH PAUL CORRADINI, ESQ. FOR CONFLICT DEFENDER SERVICES – PUBLIC DEFENDER WHEREAS, the current Conflict Defender, Attorney Peter Finnerty has submitted his resignation effective April 30, 2009, and WHEREAS, due to various conflicts of interest, multiple defendants or multiple parties and overload cases, it would be beneficial to the County to continue to enter into a contract for services of a conflicts defender, and WHEREAS, Attorney Paul Corradini has accepted the position of Conflicts Defender for the term May 1, 2009 through December 31, 2009. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Paul Corradini, Esq. for the Public Defender’s Office for conflicts of interest, multiple defendants or multiple parties and overload cases for the term May 1, 2009 through December 31, 2009, at a rate of $2,500.00 per month plus mileage (at the County rate), funding available in the 2009 Public Defender budget account no. 1170.400-Contractual Services Indigent Legal Services Fund (ILSF); subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 143A Motion by Larison, Second by Karius. RE: MOTION TO AMEND RESOLUTION NO. 143 TO INCLUDE COUNTY VEHICLES BE IT RESOLVED, that Resolution No. 143 be amended to include all county vehicles. Vote: 7-0. RESOLUTION NO. 143 Motion by Larison, Second by Karius. RE: SET POLICY ON SCENTED ITEMS IN COUNTY BUILDINGS AND VEHICLES - BUILDINGS AND GROUNDS – AS AMENDED WHEREAS, due to the high risk of employees and visitors having sensitivity and/or allergic reactions to various scents and aromas, the Building Maintenance Supervisor recommends a policy be set forth prohibiting scented items in county buildings and vehicles. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby declares that scented candles, potpourris, oils, air fresheners strips or sprays or any other similar type item not named above that is scented, be prohibited in any County Building or vehicle, effective immediately, and BE IT FURTHER RESOLVED, that any employee with a concern about scents or odors is to contact his/her Department Administrator or the Human Resources Department, and BE IT FURTHER RESOLVED, that the County’s Policies and Procedures Manual be amended accordingly. Vote: 7-0. RESOLUTION NO. 144 Motion by Larison, Second by Karius. 54 SCHUYLER COUNTY LEGISLATURE RE: PROCLAIM FRIDAY, MAY 1, 2009 AS “MAY DAY FOR RELAY”, FRIDAY, MAY 29, 2009 AND SATURDAY, MAY 30, 2009 AS “RELAY FOR LIFE® DAYS”, AND MONDAY, JUNE 1, 2009 AS “CANCER SURVIVORS’ DAY” WHEREAS, Communities the length and breadth of the United States of America designate the First Day of May as “May Day For Relay”/”Paint Your Town Purple Day,” and WHEREAS, the Third Annual Schuyler County Relay For Life®, an event sponsored by the American Cancer Society, is taking place from 6:00 p.m., Friday, May 29th, until 12:00 Noon, Saturday, May 30th, on the grounds of Watkins Glen High School, in the Village of Watkins Glen, County of Schuyler, State of New York, and WHEREAS, the American Cancer Society Relay For Life® wishes to also Honor and Respect these Valiant Survivors, and WHEREAS, local Survivors are being honored at a Survivors’ Dinner immediately prior to the beginning of said Relay For Life®, and WHEREAS, National Cancer Survivors’ Day is celebrated annually on the First Day of June, and WHEREAS, cancer occurs in men, women, and children of all ages, all income levels, all cultural and ethnic groups, in rural, suburban, or urban neighborhoods, and to those perceived to be in good health or with some level of incapacitation, and WHEREAS, the Cancer Burden in Schuyler County is one of the highest in New York State, with cancer not respecting the customs, values, and traditions of the many people who come from diverse backgrounds and social strata, and WHEREAS, having cancer is very difficult to discuss with others, many Survivors being ashamed, and sometimes afraid of cancer, and burdened by its effects on not only themselves, but also their families and loved ones. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim Friday, May 1, 2009, “May Day for Relay”/”Paint Your Town Purple Day,” and BE IT FURTHER RESOLVED, that the 18-hour period from 6:00 P.M., Friday, May 29, 2009 to 12:00 P.M. on Saturday, May 30, 2009, be proclaimed “Relay for Life® Day,” and BE IT FURTHER RESOLVED, that Monday, June 1, 2009, be proclaimed “Cancer Survivors Day,” and BE IT FURTHER RESOLVED, that Legislature thereby, sincerely urge all citizens to work together to help the Relay for Life® as it REAPS much-needed funds for Research, Education, Advocacy, & Patient Services for our Brave Citizens battling cancer. Vote: 7-0. RESOLUTION NO. 145 Motion by Fagan, Second by Field. RE: MOTION TO BRING ONE (1) ADDITIONAL RESOLUTION TO THE FLOOR BE IT RESOLVED, that one (1) additional Resolution be brought to the floor. Vote: 7-0. RESOLUTION NO. 146 Motion by Larison, Second by Fagan. RE: ACCEPT/REJECT BIDS FOR HOT MIX ASPHALT CONCRETE AND ASPHALT SPECIFIED IN- PLACE PROJECTS – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 88 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on April 7, 2009. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Purchasing Department, in cooperation with the County Highway Superintendent, the Schuyler County Legislature accepts the following bids: BIDS ACCEPTED FOR HOT MIX ASPHALT (FOB) Dalrymple Gravel & Contracting Co. Seneca Stone 2105 S. Broadway P.O. Box 76 Pine City, N.Y.14871 Fayette, NY 13065

PROCEEDINGS OF THE YEAR 2009 55 A.L. Blades & Sons, Inc Elmira Road Materials PO Box 590, 7610 County Route 65 1 County Rd. 77A Hornell, NY 14843 Horseheads, NY 14845 BID ACCEPTED FOR UNSPECIFIED PROJECTS: A.L. Blades & Sons, Inc PO Box 590, 7610 County Route 65 Hornell, NY 14843 BE IT ALSO RESOLVED, that the following bids be rejected for UNSPECIFIED PROJECTS: Chemung Contracting Corporation 2105 South Broadway Pine City, NY 14871 BID ACCEPTED FOR PROJECTS #1, #2, #3, and #4: A.L. Blades & Sons, Inc PO Box 590, 7610 County Route 65 Hornell, NY 14843 BE IT ALSO RESOLVED, that the following bids be rejected for Projects #1, #2, #3, and #4: Chemung Contracting Corporation 2105 South Broadway Pine City, NY 14871 BID ACCEPTED FOR PROJECTS #5, #6, and #7: Chemung Contracting Corporation 2105 South Broadway Pine City, NY 14871 BE IT ALSO RESOLVED, that the following bids be rejected for Projects #5, #6, and #7: A.L. Blades & Sons, Inc P.O. Box 590, 7610 County Route 65 Hornell, NY 14843 BID ACCEPTED FOR PROJECT #8: A.L. Blades & Sons, Inc P.O. Box 590, 7610 County Route 65 Hornell, NY 14843 BE IT ALSO RESOLVED, that the following bids be rejected for Project #8: Chemung Contracting Corporation 2105 South Broadway Pine City, NY 14871, and BE IT FURTHER RESOLVED, that all bids be rejected for Projects #9 & #10. Copies of these bids are available for inspection at the Legislative or Purchasing Office. Vote: 7-0. NEW BUSINESS: None UNFINISHED BUSINESS: None REPORT ON STANDING COMMITTEES: Legislator Larison reported that he was glad to see that the State had rescinded the Legislation regarding our volunteer firefighters not being able to drive to and from an emergency without a CDL license. Legislator Bleiler asked the press if they could make a special report regarding Resolution No. 110 and Resolution No. 120. Usually they are not recognized very well. There will be programs cut all over this year that will affect our children. Great affect on the positive instead of the negative. Children need to grow up in a healthy environment. If anyone is interested, please check with him or our Youth Bureau for more details. This program caught his attention a number of years ago and in his opinion, it is the best out there. He feels they will suffer in the future with all of the cuts. Any publicity they can get would be appreciated. Legislator Fagan reported that this year will be the second year for the treatments on both Waneta and Lamoka Lakes. Last year before they treated the lakes, there had been approximately fifteen to twenty negative 56 SCHUYLER COUNTY LEGISLATURE comments made. As of the successful treatment, there has only been one letter received this year and it was positive saying he was pleased with the fishing conditions. I feel this is very significant. We will continue in May with treatments. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that he had a good meeting last week regarding the sale of the Rural Urban Center and he will be moving forward with the Restore New York application. In the papers, they report that tax collection is down by 6% in New York State, however per an email received from the New York State Association of Counties (NYSAC), he is pleased to report that Schuyler County is not one of them. We are at a 22% increase in 2009 with sales tax collection. March was huge and he believes the room tax will be the same. The promotions have paid off. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:14 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

REGULAR MEETING MAY 11, 2009

The May 11, 2009 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 Marcellus, followed by a moment of Silence. All Legislators were present except Legislators Yuhasz and Field who were excused. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None RESOLUTION NO. 147 Motion by Larison, Second by Fagan. RE: APPROVE MINUTES OF THE APRIL 8, 2009 SPECIAL MEETING AND THE APRIL 13, 2009 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the April 8, 2009 Special Meeting and the April 13, 2009 Regular Meeting, of the Schuyler County Legislature be approved. Vote: 6-0. RESOLUTION NO. 148 Motion by Larison, Second by Marcellus. RE: AUTHORIZE A MEMORANDUM OF AGREEMENT (MOA) BETWEEN TOMPKINS, CAYUGA, CORTLAND, ONTARIO, SCHUYLER, SENECA, STEUBEN, AND TIOGA COUNTIES FOR THE 2008 HAZARDOUS MATERIAL GRANT PROGRAM WHEREAS, this MOA is intended to build regional Weapons of Mass Destruction (WMD) Hazardous Material Response and Decontamination Capabilities, and WHEREAS, Schuyler County has limited capabilities to respond to Hazardous Material incidents, and WHEREAS, Schuyler County wishes to work with regional partners to enhance these capabilities, and WHEREAS, Schuyler County wishes to support a regional partner in the procurement of specialized equipment funded under the 2008 HazMat Grant Program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign any and all documents relative to the Agreement between Tompkins, Cayuga, Cortland, Chemung, Ontario, Schuyler, Seneca, Steuben, and Tioga Counties for a term of effective upon signing through August 30, 2011; subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 149 Motion by Larison, Second by Marcellus. RE: AUTHORIZE AMENDING THE 2009 BUDGET FOR OFFICE OF EMERGENCY SERVICES WHEREAS, Schuyler County Public Health has an agreement with Schuyler County Emergency Management to assist with bioterrorism planning, and WHEREAS, Public Health has appropriated $1,300 to reimburse the Emergency Management Office for this assistance. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to PROCEEDINGS OF THE YEAR 2009 57 amend the 2009 Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$1,300 3689.4389 Other Public Safety Aid Revenue +$1,300 3689.438 Supplies Vote: 6-0. RESOLUTION NO. 150 Motion by Larison, Second by Marcellus. RE: AUTHORIZE CONTRACT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR A NEW YORK STATE VIOLENCE AGAINST WOMEN 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 with prosecution of domestic violence and community awareness. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney and the Chairman of the Legislature to sign a contract for the 2009/2010 NYS Violence Against Women 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 ($27,750 with a County match of $12,974); subject to approval by the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 151 Motion by Larison, Second by Marcellus RE: AUTHORIZE APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR A 2009/2010 RECOVERY ACT EDWARD BYRNE MEMORIAL COMPETITIVE GRANT PROGRAM - DISTRICT ATTORNEY WHEREAS, grant monies have been made available by the US Department of Justice for the purpose of combating violence against woman, to fight internet crimes against children, to improve the functioning of the criminal justice system, to assist victims of crime, to support youth mentoring, and to retain prosecutors. NOW, THEREFORE, BE IT RESOLVED, that Chairman of the Legislature and the Schuyler County District Attorney are hereby authorized to sign and submit a grant application for a 2009/2010 Recovery Act Edward Byrne Memorial Competitive Grant Program, subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 152 Motion by Lariosn, Second by Marcellus. RE: AUTHORIZE AGREEMENT WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE NEW YORK STATE CRIME VICTIMS BOARD GRANT FUNDS FOR 2009- 2012 - DISTRICT ATTORNEY'S OFFICE WHEREAS, the New York State Crime Victims Board has grant funding available to assist the Schuyler County District Attorney's Office in its efforts to ensure that crime victims are fully informed as to the status of matters in the criminal justice system, to ensure that victims are heard, and to ensure that victims receive services from advocates, therapists, counselors and others as necessary to help them recover from victimization, and WHEREAS, the total awarded amount of the grant is $144,184 for the three-year term with a county match of 20% (10% in-kind -10% to be funded from the District Attorney budget). NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract with the New York State Division of Criminal Justice Services in the amount of $144,184, with a contract term of October 1, 2009 through September 30, 2012, subject to approval by the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 153 Motion by Larison, Second by Marcellus. RE: AUTHORIZE CONTRACT WITH AUTOMON CORPORATION FOR A SOFTWARE MAINTENANCE AGREEMENT - PROBATION DEPARTMENT WHEREAS, the Automon Corporation is to provide technical support services to the Schuyler County Probation Department for the ongoing use of licensed software for probation case management services 58 SCHUYLER COUNTY LEGISLATURE (Caseload Explorer), and WHEREAS, these services are to be paid for out of the budget of the Schuyler County Information Technology Department in the amount of $4,112.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Automon Corporation for the Schuyler County Probation Department for technical support services as a customer of Caseload Explorer for the term of May 21, 2009 through May 21, 2010, funding available in the 2009 Information Technology budget account no. 1680.400; subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 154 Motion by Karius, Second by Bleiler. RE: AUTHORIZE THE ADDITION OF TWO PARCELS TO AG DISTRICT #2 AND DECLARE NEGATIVE STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) WHEREAS, in accordance with Section 303-b of New York State’s Agriculture and Markets Law, Schuyler County has established an annual period during which landowners can petition to add their property to the county agricultural districts, and during the 2009 enrollment period the Schuyler County Agriculture and Farmland Protection Board (AFPB) received three requests to add property to an agricultural district, and WHEREAS, one parcel request was withdrawn during review (Parcel ID # 76.20-1-1), and WHEREAS, the remaining parcels (ID #s 85.00-1-24.211 and 64.00-3-3.12) would become part of Schuyler County Agricultural District #2, and WHEREAS, following the preparation of an unlisted action SEQR and a negative declaration of significant environmental impact from the proposed action the AFPB finds that these parcels are substantially viable agricultural land. NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature recommends that these parcels be added to Schuyler County Agricultural District #2, and that the Commissioner of NYS Department of Agriculture and Markets certify this inclusion. Vote: 6-0. RESOLUTION NO. 155 Motion by Karius, Second by Bleiler. RE: DECLARE A NEGATIVE DECLARATION OF SIGNIFICANT ENVIRONMENTAL IMPACT FOR THE SCHUYLER COUNTY AGRICULTURAL DEVELOPMENT AND FARMLAND PROTECTION PLAN WHEREAS, in accordance with 1 NYCRR Part 372, Schuyler County created and adopted the Schuyler County Agricultural Development and Farmland Protection Plan in 1999, and WHEREAS, at the completion of that project there were funds still available through the contract with New York State Department of Agriculture and Markets to promote farmland protection in Schuyler County, and WHEREAS, in 2006 Schuyler County received authorization from New York State Department of Agriculture and Markets to utilize the remaining funds to update the 1999 Plan, and WHEREAS, the 2008 Schuyler County Agriculture and Farmland Protection Plan Supplemental Revision is the result of the update project, overseen and accepted by the Schuyler County Agriculture and Farmland Protection Plan, and WHEREAS, the Legislature has determined that the adoption of the 2008 Revision is an Unlisted Action under SEQR, and accordingly has directed that a Short Environmental Assessment Form be completed. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts the completed Short Environmental Assessment Form for the adoption of the 2008 Schuyler County Agriculture and Farmland Protection Plan Supplemental Revision, and finds that the proposed administrative action will not result in significant adverse environmental impacts. Vote: 6-0. RESOLUTION NO. 156 Motion by Karius, Second by Bleiler. RE: AUTHORIZE AMENDING THE 2009 BUDGET FOR HOUSEHOLD HAZARDOUS WASTE (HHW) PROCEEDINGS OF THE YEAR 2009 59 WHEREAS, Cornell Cooperative Extension of Schuyler County (CCE) will be holding an Electronics Collection event at the May 2, 2009 Earth Day, and WHEREAS, CCE would like to utilize the fees collected at this event towards expenses for the Household Hazardous Waste event this fall. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2009 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION $511.50 8750.364 Household Hazardous Waste Collection $511.50 8750.1289 Other Gen. Govern. Dept. Income Vote: 6-0. RESOLUITON NO. 157 Motion by Larison, Second by Marcellus. RE: AUTHORIZE GRANT APPLICATION FOR TRIANGLE FUND GRANT – YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center program, and WHEREAS, funding is needed for contracting for program development, room over site and parent education, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and WHEREAS, the Triangle Grant offers funding for between $5,000 and $15,000 and there is no local match. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for funding for the Family Play & Resource Center and any subsequent contracts, subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 158 Motion by Larison, Second by Marcellus. RE: RECOGNIZE MAY AS MENTAL HEALTH MONTH – COMMUNITY SERVICES WHEREAS, Mental Health Month was created more than 50 years ago to raise awareness about mental health conditions and the importance of mental wellness for all, and WHEREAS, this year’s theme is focused on an essential component of maintaining and protecting mental health and wellness, social connectedness, and WHEREAS, there are many ways of creating connections that support mental health, such as connections to family and friends to feel close and supported, to your community to feel a sense of belonging and purpose and to professional help to feel better when you’re stressed and having trouble coping. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes May as Mental Health Month in Schuyler County. Vote: 6-0. RESOLUTION NO. 159 Motion by Larison, Second by Marcellus RE: RECOGNIZE MAY 6 – 12, 2009 AS NATIONAL NURSES WEEK – HEALTH SERVICES WHEREAS, nursing is often described as an art and a science, nursing is a profession that embraces dedicated people with varied interests, strengths and passions, and WHEREAS, nurses work in emergency rooms, schools, homeless shelters, hospitals, doctors’ offices, public health, mental health and many others, and WHEREAS, nurses have many roles in the community, from staff nurse to educator to nurse practitioner and serve all of them with passion for the profession and with a strong commitment to patient safety, and WHEREAS, National Nurses Week is celebrated annually from May 6 through May 12, and WHEREAS, qualified nurses are aging out of the workforce, as are nurse educators, leaving fewer opportunities for training nurses, and WHEREAS, nurses will be needed more in the future, due to the aging of the general population. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes May 6 – 12, 2009 as National Nurses Week. Vote: 6-0. RESOLUTION NO. 160 Motion by Larison, Second by Bleiler. 60 SCHUYLER COUNTY LEGISLATURE RE: AUTHORIZE CONTRACT WITH JANIS JEPSEN FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention Services for children, and WHEREAS, Janis Jepsen is approved as a provider for Early Intervention Services, and WHEREAS, rates paid for Early Intervention Services provided under this contract are set by the New York State Department of Health and are not subject to negotiation. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Janis Jepsen for Early Intervention Services, effective April 1, 2009 through December 31, 2009, at rates established by the New York State Department of Health, to be renewed annually on a calendar year, funds available in the Public Health budget account no. 4054.490, subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 161 Motion by Larison, Second by Bleiler. RE: AUTHORIZE CONTRACT WITH A&E TRANSPORT SERVICES, INC. FOR PRESCHOOL TRANSPORTATION – PUBLIC HEALTH WHEREAS, current contracts do not provide transportation from Bradford School District to the Pathways Program in Avoca, New York, and WHEREAS, A&E Transport Services Inc. already transports other children to this program, and WHEREAS, A&E Transport Services, Inc. has agreed to provide the transportation at $137 per day. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to execute a contract with A&E Transport Services, Inc. for the Public Health Department for transportation services for the term April 20, 2009 through June 30, 2009, funding available in the 2009 Public Health budget account No. 4010.2960.440 subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 162 Motion by Larison, Second by Bleiler. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR CLINIC DIRECTOR - COMMUNITY SERVICES WHEREAS, the County Administrator has approved the filling of the Clinic Director position in the Community Services Department. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature acknowledges the appointment by George Roets, Director of Community Services and Public Health, of Beth Stratton as Clinic Director at an annual salary of $55,250, effective May 18, 2009, said position is in Grade Level G of the Management/Confidential Salary Plan. Vote: 6-0. RESOLUTION NO. 163 Motion by Karius, Second by Larison. RE: AUTHORIZATION TO ENTER INTO AN INTERMUNICIPAL AGREEMENT WITH STEUBEN COUNTY FOR THE PROVISION OF THE REGIONAL “WHEELS TO WORK PROGRAM” – SOCIAL SERVICES WHEREAS, the Commissioner of Social Services has requested authorization to enter into an intermunicipal agreement with Steuben County for the provision of the regional “Wheels To Work Program” led by Steuben, at no cost to Schuyler County during 2009, and WHEREAS, “Wheels To Work” will provide funding to assist eligible individuals with vehicle down payments to enable them to accept or retain paid employment, and WHEREAS, it is a primary goal of the Department of Social Services to move employable recipients from welfare to work. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign the intermunicipal agreement with Steuben County to extend the Regional Wheels To Work program, to serve eligible residents of Schuyler, at no cost to Schuyler County during 2009, subject to approval by the County Attorney. Vote: 6-0. PROCEEDINGS OF THE YEAR 2009 61 RESOLUTION NO. 164 Motion by Karius, Second by Larison. RE: AUTHORIZE EXTENSION OF AGREEMENT WITH CATHOLIC CHARITIES FOR USDA –FSP NON-RECURRING BONUS ALLOCATION – SOCIAL SERVICES WHEREAS, the Department of Social Services was previously awarded $25,000 in bonus funds to be used to increase public awareness of the food stamp program in Schuyler County through increased education and outreach to working families and other eligible community members who have not applied for assistance, and WHEREAS, the Department contracted with Catholic Charities to conduct the enhanced outreach efforts, and WHEREAS, the program originally ran January 1, 2008 through December 31, 2008, and WHEREAS, the State Government extended the program to June 30, 2009 since not all of the $25,000 had been expended by December 31, 2008, and WHEREAS, Catholic Charities will have until June 15, 2009 to submit detailed bills to meet the Department’s reporting requirements. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to extend the agreement with Catholic Charities for the USDA-FSP Non-Recurring Bonus Allocation at no increase in funding and at no cost to Schuyler County, for the period January 1, 2009 through June 30, 2009, subject to approval by the County Attorney. Vote: 6-0. RESOLUTION NO. 165 Motion by Karius, Second by Larison. RE: ACCEPT/REJECT BIDS TO PURCHASE IP TELEPHONES – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 111-09 authorized the Building Maintenance Supervisor to go out to bid to purchase 55 new IP Telephones for the newly renovated offices at the County Complex, and WHEREAS, the Schuyler County Legislature hereby accepts the Building Maintenance Supervisor’s recommendation of CMS Communications, Inc. as low bidder, at the cost of $11,715.00 to purchase 55 IP Telephones, and WHEREAS, the following bid be rejected All-Mode Communications 1725 Dryden Road Freeville, NY 13068, and WHEREAS, the funds are available in the Voice and Data Communications Equipment Reserve account number 4.1610.200. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with CMS Communications, Inc. at a cost of $11,715.00, subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 166 Motion by Fagan, Second by Marcellus. RE: REQUEST THE STATE LEGISLATURE PASS SENATE BILL NO. S.4075 AND ASSEMBLY BILL NO. A.8079 TO AMEND THE PUBLIC AUTHORITIES LAW TO ALLOW COMMUNITY COLLEGE REGIONS TO BORROW THE LOCAL SHARE OF CAPITAL PROJECTS DIRECTLY FROM THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK WHEREAS, Corning Community College was established by state statute as a regional community college, and WHEREAS, by resolution duly adopted the 20th day of November 1984, the County of Schuyler resolved to become a participant in the community college region, and WHEREAS, community college regions under current law do not have the authority to issue debt to finance capital projects, placing community college regions at a distinct disadvantage vis-ã-vis all other county community colleges, and WHEREAS, the Regional Board of Trustees of Corning Community College now finds it necessary to amend the public authorities law with respect to such financings, which would allow community college regions 62 SCHUYLER COUNTY LEGISLATURE to borrow the local share of capital projects directly from the Dormitory Authority of the State of New York, and WHEREAS, the New York State Senate and Assembly have proposed legislation for such amendment of state law. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests adoption of the New York State Senate and the New York State Assembly to enact Senate Bill No. S.4075 and Assembly Bill No. A.8079 in the form annexed herewith, and that the Clerk of the Legislature is hereby directed to execute and submit a Home Rule Request to the appropriate House of the New York State Legislature, and move its adoption. Vote: 6-0. RESOLUTION NO. 167 Motion by Fagan, Second by Marcellus. RE: AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN TO ADJUST THE FACTOR RATING FOR THE PURCHASING SPECIALIST POSITION WHEREAS, the Purchasing Specialist has assumed additional responsibilities of supervision necessitating movement of one factor level in this category, and WHEREAS, said adjustment does not result in a change in grade. NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect a change in Factor IX, Supervision/Leadership from 1 to 2 for the Purchasing Specialist effective immediately. Vote: 6-0. RESOLUTION NO. 168 Motion by Fagan, Second by Marcellus. RE: AUTHORIZE APPOINTMENT AND SET SALARY – DIRECTOR OF WEIGHTS AND MEASURES A WHEREAS, the Director of Weights and Measures position is vacant, and WHEREAS, the County Administrator and Human Resources Director have interviewed candidates for this position and makes the following recommendation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Clifford H. Boyce to the position of Director of Weights and Measures, to work 15 hours per week at an annual salary of $15,000.00, effective June 1, 2009 said position is in Grade Level D of the Management/Confidential Salary Plan. Vote: 6-0. RESOLUTION NO. 169 Motion by Larison, Second by Marcellus. RE: RESOLUTION IN SUPPORT OF THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF) AND ASSEMBLY BILL NO. A-6783 WHEREAS, the LGRMIF fee has never been increased since its inception in 1989, and WHEREAS, Schuyler County has benefited from technical assistance, training, publications and thirteen grants totaling approximately $250,000, from the LGRMIF, and WHEREAS, the LGRMIF continues to be critically important in the fulfillment of the many records and information related responsibilities of Schuyler County, WHEREAS, the Cultural Education Account funds most of the operations of the State Museum, Library, and Archives, and WHEREAS, the Cultural Education Account balance is now fully depleted as a result of the severe decline in revenue and the annual and special transfers of funds to support other state purposes, and WHEREAS, without the fee increase, the Office of Cultural Education’s services to the public will be at risk, including access to the Museum’s huge collection of natural history and historical artifacts, the Library’s collection of genealogical books and free online access to specialized databases and electronic journals, and the Archives historical records of state government going back to the early 1600s. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports Assembly Bill A-6783, which proposes a modest increase in the Cultural Education Account from $15.00 to $22.50 and an increase in the LGRMIF fee from $5.00 to $7.50 per transaction to ensure the continuation and improvement of records management programs in New York’s local governments through LGRMIF services and grants that PROCEEDINGS OF THE YEAR 2009 63 increase citizen access to records, build vital information infrastructures in local government, stimulate local economies across the state, and allow our local leaders to address twenty-first century realities. BE IT FURTHER RESOLVED, that certified copies of this Resolution be forward to New York Senator George H. Winner, Jr., New York State Assemblyman Thomas F. O’Mara and Suzanne Etherington, Ph.D., Region 6 Advisory Officer New York State Archives & Geoff Huth, Director, Government Records Services. Vote: 6-0. RESOLUTION NO. 170 Motion by Larison, Second by Marcellus. RE: AUTHORIZE CHANGE ORDER WITH MODULAR COMMUNICATIONS FOR THE INTERCOM PORTION OF THE 911 DISPATCH CONSOLE SYSTEM OF THE 911 CENTER UPGRADES – EMERGENCY MANGEMENT WHEREAS, Resolution No. 445-08 authorized a contract with Modular Communications for the for E911 Telephone System and Two Way Radio Dispatch Consoles Portion of the 911 center remodeling, and WHEREAS, there is an immediate need to install an interface with the Consoles to operate and control intercom stations throughout the 911 Center and Jail building, and WHEREAS, the change order with Modular Communication proposes to add intercom stations to the Console System currently installed at a total additional cost of $7,800, and WHEREAS, the Emergency Management Coordinator has reviewed the referenced changes and recommends authorization thereof as follows: Original Contract Amount $164,959.85 Amount Contract will Increase by Change Order $ 7,800.00 New Total Contract Amount $172,759.85, and WHEREAS, funding is available in the E911 Reserve account to pay for said change order increase. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign the above Change Order proposal at a total cost of $7,800 with Modular Communications, subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 171 Motion by Larison, Second by Marcellus. RE: RESOLUTION IN SUPPORT OF BILL S.1722 THE “FEDERAL MILK MARKETING IMPROVEMENT ACT OF 2009” AMENDING THE AGRICULTURAL ADJUSTMENT ACT WHEREAS, our Nation’s vast farming industry contributes to our nation’s health and Prosperity every day of the year and the dairy farming industry is the backbone of Schuyler County, and WHEREAS, it is estimated that dairy farmers are currently being paid about 95 cents per gallon of milk, while it costs them $1.50 to produce that same gallon and the rising costs of production, along with the extreme drop in price per hundred weight of milk has many dairy farmers in Schuyler County concerned about providing for their families now and in the future, and WHEREAS, United States Senators Arlen Specter and Robert P. Casey Jr. are leading an effort to reintroduce “The Federal Milk Marketing Improvement Act of 2009 (S.1722) which is “an act to amend the Agricultural Adjustment Act to require the Secretary of Agriculture to determine the price of milk or for manufactured purposes, which shall be classified as Class II milk, by using the national average cost of production and other purposes”, and WHEREAS, this bill was designed to correct the disparity in payment versus cost and the reintroduction of this bill would mean a raise in the price per hundredweight from a current approximate price of just under $12 to an approximate price of $22.46. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the reintroduction of S.1722 the “Federal Milk Marketing Improvement Act of 2009” and requests our representatives in the United States Congress and Senate to pass this bill to correct the many inequities the dairy farming industry is facing in Schuyler County and nation wide, and BE IT FURTHER RESOLVED, that certified copies of this Resolution be forward to President Barack Obama, Senator Arlen Specter, Senator Robert P. Casey Jr., Congressman Eric Massa, United States Senator Charles Schumer, United States Senator Kirstin Gillibrand, New York Senator George H. Winner, Jr., New 64 SCHUYLER COUNTY LEGISLATURE York State Assemblyman Thomas F. O’Mara, New York State Commissioner of Agriculture and Markets Patrick Hooker, and the New York State Association of Counties. Vote: 6-0. RESOLUTION NO. 172 Motion by Fagan, Second by Marcellus. RE: RESOLUTION TO APPROVE APPLICATIONS FOR CORRECTION OF REAL PROPERTY TAXES IN THE TOWN OF MONTOUR – REAL PROPERTY TAX WHEREAS, application for refund of real property taxes has been filed in accordance with Real Property Tax Law (RPTL) Section 556 for parcel 65.00-3-6.2/1 owned by GTP Acquisition Partners II, LLC in the Town of Montour, and WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and found that this parcel represents a duplicate assessment of an improvement present on parcel 65.00-3-3.2/1, constituting an error in essential fact as defined in RPTL Section 550(3)(a), and WHEREAS, the error resulted in an overpayment of taxes on the 2008 and 2009 County/Town Tax roll of $2,640.87, and WHEREAS, it is the recommendation of the Director and the Management & Finance Committee that the application for refund be approved. NOW, THEREFORE, BE IT RESOLVED, that the application for refund be approved, and that the treasurer issue a refund in the amount of $2,640.87 with an appropriate chargeback to the Town of Montour, and BE IT FURTHER RESOLVED, that $978.86 be applied to outstanding taxes for parcel 65.00-3-3.2/1 for 2009. Vote: 6-0. RESOLUTION NO. 173 Motion by Fagan, Second by Marcellus. RE: AUTHORIZE CONTRACT WITH THE MENTAL HEALTH CLINIC – PUBLIC HEALTH WHEREAS, Public Health is mandated to provide 100% of a service and the Medical Social Worker position covers that mandate, and WHEREAS, the current Medical Social Worker is on extended maternity leave, and WHEREAS, the Mental Health Clinic has a qualified Medical Social Worker who can cover these services in the meantime, and NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Mental Health Clinic for the Public Health Department for Medical Social Work for the term May 12, 2009 until the Medical Social Worker can return to work, at a rate of $45 per hour, but if more than 5.0 hours per week the rate will be $63.00 per hour , funding available in the 2009 Public Health budget account no. 4010.490 subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 174 Motion by Fagan, Second by Marcellus. RE: AUTHORIZE RENEWAL OF CONTRACT WITH HONEYWELL HOMMED FOR THE RENTAL OF TELEMONITORING EQUIPMENT – PUBLIC HEALTH WHEREAS, the Schuyler County Public Health Department is currently renting telemonitoring equipment, including 25 monitors and one central station, from the University of Rochester, and WHEREAS, the telemonitoring equipment enables the Public Health Department to track the vital signs of patients from their homes, which has proven successful in reducing the number of our patients returning to hospital, and WHEREAS, continuation of the telemonitoring program will benefit the residents of Schuyler County in need of home health care, and WHEREAS, Honeywell HomMed also leases telemonitoring equipment and has quoted a price to lease upgraded web-based equipment directly to Schuyler County at a savings of approximately $900 per month. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with Honeywell HomMed for the rental of telemonitoring equipment, including communication fees, for the period June 1, 2009 through May 31, 2010, renewable annually, at an amount not to exceed $3,100 per month, plus a on-time payment for training and clinical in-service, not to exceed $5,000, PROCEEDINGS OF THE YEAR 2009 65 funding available in account no. 4010.490. Vote: 6-0. RESOLUTION NO. 175 Motion by Fagan, Second by Marcellus. RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 2009 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS WHEREAS, the County law permits and requires the Legislature to set the salaries of all officials paid from County funds, and WHEREAS, the salaries of certain elected officials have been reviewed and are in need of revision upon the expiration of their terms NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2 of the year 2009, in the form hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on June 8, 2009 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 2 OF THE YEAR 2009 A Local Law Setting Salaries for Certain Elected Officials for Fiscal Years 2010, 2011, 2012, 2013. Section 1. LEGISLATIVE INTENT This Local Law is enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salaries of certain elected officials for fiscal years 2010, 2011, 2012, 2013. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal years 2010, 2011, 2012 and 2013 the annual salaries of the following officials shall be adjusted by the Consumer Price Index (CPI). The CPI to be used for this adjustment will be the New York Area of the Urban Wage Earners and Clerical Workers (CPI-W) Group. The adjustment will be made annually based on the CPI from the July Bureau of Labor Statistics data report. TITLE CURRENT SALARY Legislators $7,143 Sheriff $69,573 County Clerk $57,573 *District Attorney $124,113 * - salary subject to change by State of New York Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. Vote: 6-0. RESOLUTION NO. 176 Motion by Marcellus, Second by Fagan. RE: MOTION TO BRING ONE (1) ADDITIONAL RESOLUTION TO THE FLOOR BE IT FURTHER RESOLVED, that one (1) additional Resolution be brought to the floor. Vote: 6-0. RESOLUTION NO. 177 Motion by Bleiler, Second by Fagan. RE: ECONOMIC RECOVERY PROJECTS MUNICIPAL/SPONSOR RESOLUTION – HIGHWAY DEPARTMENT WHEREAS, the Schuyler CR 16 Resurfacing from Meads Hill Road to Townsend Road Economic Recovery Project (hereinafter the “the Project”) in the County of Schuyler, in Schuyler County, (hereinafter “the Municipality/Sponsor”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 100% Federal funds and 0% non-federal funds. NOW, THEREFORE, BE IT RESOLVED, that the Municipal/Sponsor Board duly convened does hereby approves the above Project, and BE IT FURTHER RESOLVED, that the Municipality/Sponsor agrees to advance the Project through: (Check only one of the following boxes): 1.) The Municipality/Sponsor’s resources and agrees that the Municipal/sponsor Board hereby authorizes the Municipality/sponsor to pay in the first instance the full federal costs and full non-federal cost of any and all 66 SCHUYLER COUNTY LEGISLATURE phase(s) or portions thereof and hereby appropriates from 002.5112.342 the funds necessary to complete the Project(s) including all phase(s) or portions thereof -OR- 2.) NYSDOT resources and agrees that the Municipal/Sponsor Board hereby authorizes the Municipality/sponsor to pay in the first instance the full non-federal costs of any and all phase(s) or portions thereof and hereby appropriates from______[or pursuant to ______] the funds necessary to complete the Project(s) including all phase(s) or portions thereof; and BE IT FURTHER RESOLVED, that the Municipal/Sponsor Board makes a 100% commitment of the non-federal share (if any) of the costs of Construction/Construction Inspection phase(s) of work for the Project(s) or portions thereof, with the federal share of such costs to be applied directly by the New York State Department of Transportation (hereinafter “NYSDOT”) pursuant to the State/Local Agreement, and BE IT FURTHER RESOLVED, that upon completion of construction of the Projects, or a fully usable portion thereof, the Municipality/Sponsor agrees to maintain the Project(s), or fully usable portion thereof, at their sole cost and expense, and BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share of the Projects exceeds the amount appropriated above, the Municipal/Sponsor Board shall convene as soon as possible to appropriate said excess amount immediately, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature is hereby authorized to execute all necessary Agreements or certification on behalf of the Municipality/Sponsor, (subject to the Municipal/Sponsor Attorney’s approval as to form and content), with NYSDOT in connection with the advancement or approval of the Projects identified the State/Local Agreement; and providing for the administration of the Projects and the municipality’s first instance funding of the non-federal share of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of the Department of Transportation by attaching it to any necessary Agreement in connection with the Project(s), and BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately. Vote: 6-0. NEW BUSINESS: None UNFINISHED BUSINESS: None REPORT ON STANDING COMMITTEES: Legislator Larison reported that the CDL License Legislation has been won. Fireman can now drive back to the Fire Station. However, he would like to have the Public Safety & Criminal Justice Committee consider a Resolution to look into the problem of having a $110 license fee for each volunteer to receive a CDL license. He also reported that looking into the future with the Soil & Water Conservation District, they have $32,000 from the State that has not been released to them and probably will not be. They may fall short in their budget. Legislator Fagan reported that the treatment was started today on Waneta Lake and the District will be starting treatment on Lamoka Lake later this week. Legislator Marcellus wished to commend the County Administrator with the 61 miles to the gallon he achieved during the Green Grand Prix May 2, 2009. COUNTY ADMINISTRATOR’S REPORT: Nothing to report. PUBLIC PARTICIPATION: None The Meeting adjourned at 6:45 P.M. Stacy B. Husted, Clerk

REGULAR MEETING JUNE 8, 2009

The June 8, 2009 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. PROCEEDINGS OF THE YEAR 2009 67 by Chairman Gifford. The Pledge of Allegiance was led by Legislator Field, followed by a moment of Silence. All Legislators were present except Legislators Yuhasz who was excused. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None 6:45 P.M. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2009 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS FOR FISCAL YEARS 2010, 2011, 2012, 2013: None. RESOLUTION NO. 178 Motion by Larison, Second by Marcellus. RE: APPROVE MINUTES OF THE MAY 11, 2009 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the May 11, 2009 Regular Meeting, of the Schuyler County Legislature be approved. Vote: 7 Amend By - Laws -0. RESOLUTION NO. 179 Motion by Larison, Second by Field. RE: AUTHORIZE AMENDING THE BY-LAWS FOR SCHUYLER COUNTY EMPIRE ZONE ADMINISTRATIVE BOARD WHEREAS, the Schuyler County Legislature, per Resolution No. 302-01, adopted by-laws for the Schuyler County Empire Zone Administrative Board, and WHEREAS, there is a need to amend Section 3 in Article IV-Zone Administrative Board to change the way appointments are made to the board. NOW, THEREFORE, BE IT RESOLVED, that the By-Laws for the Schuyler County Empire Zone Administrative Board be amended to have Article IV, Section 3 now read as follows. ARTICLE IV – ZONE ADMINISTRATIVE BOARD Section 3 - Appointments Appointments to the Board shall be made by the Schuyler County Legislature. Vote: 7-0. RESOLUTION NO. 180 Motion by Larison, Second by Field. RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY PLANNING COMMISSION BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Sue Murphy as the Business Representative to the Schuyler County Planning Commission to fill the unexpired term of Kim DiVivi with a term January 1, 2008 through December 31, 2009. Vote: 7-0. RESOLUTION NO. 181 Motion by Larison, Second by Field. RE: AUTHORIZE GRANT APPLICATION WITH CHEMUNG, SCHUYLER, STEUBEN WORKFORCE NEW YORK (CSS WORKFORCE) FOR THE WORKFORCE INVESTMENT ACT STIMULUS PROGRAM – YOUTH BUREAU WHEREAS, the Workforce Investment Act (WIA) Program has the ability to increase their capacity, and WHEREAS, CSS Workforce is receiving stimulus money from the Federal Government for expansion of the WIA program employment services which needs to be procured through a competitive basis, and WHEREAS, the Schuyler County Youth Bureau is the lead agency for the APY grant which is a WIA program and through a contract with CSS Workforce, will expand and increase the capacity of the WIA Program. NOW, THEREFORE, BE IT RESOLVED, that the Youth Bureau be authorized to apply for the Stimulus WIA money and the Chairman of the Legislature be hereby authorized to sign a contract with CSS Workforce NY for the Youth Bureau for employment services for the WIA Program, for a term July 1, 2009 through June 30, 2010 in the amount of $38,000; subject to approval by the Schuyler County Attorney. Vote7-0 RESOLUTION NO. 182 Motion by Karius, Second by Larison. RE: RECOGNIZE JULY 2009 AS CASE MANAGEMENT MONTH - COMMUNITY SERVICES 68 SCHUYLER COUNTY LEGISLATURE WHEREAS, Case Managers are an essential part of the Mental Health Clinic, providing services to clients for all aspects of their lives, and WHEREAS, Case Managers supply their clients with some of the tools necessary to maintain their lives in the community and participate in their family’s activities, and WHEREAS, Case Managers provide information to their clients and refer them to other services within the County, as applicable, and WHEREAS, Case Managers help enable their clients to enjoy a better quality of life, and WHEREAS, Community Services would like to acknowledge the contributions made by Case Managers. NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Legislature recognize July 2009 as Case Management Month in Schuyler County. Vote: 7-0. RESOLUTION NO. 183 Motion by Karius, Second by Larison. RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES 2009-2010 – PUBLIC HEALTH WHEREAS, Resolution No. 70-09 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 from July 1, 2009 to June 30, 2010 in the amount of $189.00, per child per day plus $25.00 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 Franziska Racker Centers from July 1, 2009 to June 30, 2010 at $185.00 per child, with a $20.00 per additional child fee be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from A & E Transportation for transportation of preschool handicapped children to and from Pathways Preschool Program / Bath from July 1, 2009 to June 30, 2010 in the amount of $239.95, per child per day plus $39.00 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from A & E Transportation for transportation of preschool handicapped children to and from Pathways Preschool Program / Avoca from July 1, 2009 to June 30, 2010 in the amount of $246.97, per child per day plus $39.00 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 Chemung County UCP from July 1, 2009 to June 30, 2010 at $189.00 per child per day with a $25.00 per additional child fee 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 Yates ARC / Keuka Lake Schools from July 1, 2009 to June 30, 2010 at $189.00 per child per day with a $25.00 per additional child fee 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, 2009 to June 30, 2010 in the amount of $2.25 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, funding available in the 2008 budget, account no. 2960.440-Travel, contracts subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 184 Motion by Karius, Second by Larison. RE: PROCLAIM JUNE 2009 AS OLDER DRIVER SAFETY MONTH - OFFICE FOR THE AGING WHEREAS, the month of June begins a season when drivers are on the road more frequently, and WHEREAS, the number of older drivers is increasing and is expected to increase significantly as Baby Boomers continue to age thus increasing the need for safe driving practices, and WHEREAS, older drivers wish to maintain their independence in driving, and PROCEEDINGS OF THE YEAR 2009 69 WHEREAS, older drivers should be making decisions about their driving ability, risk and safety, and WHEREAS, Office for the Aging is committed to assisting individuals in recognizing their changing abilities, taking proactive measures to maintain their driving status or in adapting their transportation practices appropriately, and WHEREAS, Office for the Aging offers safe driving classes through an affiliation with a certified AARP driving classroom instructor, and WHEREAS, Office for the Aging can work with trained driving rehabilitation specialists to assist drivers in identifying their functional limitations which impair driving performance, and WHEREAS, Office for the Aging will assist older drivers with transitioning to other methods of transportation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes June 2009 as Older Driver Safety Month and encourages all older drivers to seek assistance with assessing their driving skills, participate in safe driving classes and other activities to assist in maintaining or improving driving skills or to seek alternate methods of transportation. Vote: 7-0. RESOLUTION NO. 185 Motion by Larison, Second by Field RE: PROCLAIM JUNE 15, 2009 AS ELDER ABUSE AWARENESS DAY – OFFICE FOR THE AGING WHEREAS, Schuyler County has been informed by the International Network for the Prevention of Elder Abuse that June 15, 2009 is annual World Elder Abuse Awareness Day, and WHEREAS, the Schuyler County Office for the Aging and the Department of Social Services, in conjunction with the Finger Lakes Elder Abuse Coalition seek to educate the general public on issues of elder mistreatment and to facilitate legislative change for the protection of the vulnerable elderly, and WHEREAS, elder abuse is grossly under reported because the elderly who are being abused find it very difficult to tell anyone and are usually ashamed and sometimes afraid, and WHEREAS, nationally only 1 in 5 cases get reported, and WHEREAS, Schuyler Counties older citizens laid the foundation for the state and nation we enjoy today, and WHEREAS, abuse of older persons is a tragedy inflicted on a vulnerable segment of the population that crosses all socio-economic boundaries, and WHEREAS, combating abuse of older people will help to improve the quality of life for seniors across Schuyler County and New York State, and will allow senior citizens to continue to live as independently and vibrantly as possible, and WHEREAS, Schuyler County seniors should be treated with respect and dignity as they continue to serve as leaders, mentors, volunteers, and important and active members of our councils, and WHEREAS, the County of Schuyler honors the countless contributions of its senior citizens, and recognizes all efforts to end elder abuse as vital to the interests of the citizens of this County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim June 15, 2009 as World Elder Abuse Awareness Day, and BE IT FURTHER RESOLVED, to urge both the public and private sectors to join with this Board in recognizing the contributions of all older Americans and the right of these Americans to live in peace and dignity without fear of abuse, and in particular, those older Americans who are residents of Schuyler County. Vote: 7-0. RESOLUTION NO. 186 Motion by Larison, Second by Field. RE: AUTHORIZE PURCHASE OF ITEMS REQUIRED TO MOVE DEPARTMENTS INTO REMODELED OFFICE BUILDING – BUILDINGS & GROUNDS WHEREAS, the Courthouse Complex Renovation Capital Project is almost complete, and WHEREAS, Resolution 330-08 authorized window replacements in the 1962 portion of the Courthouse Complex, and WHEREAS, window treatments, furniture and other items are required to complete the capital project before moving Departments into the renovated office building, and WHEREAS, all purchases will be made in accordance with the Schuyler County Purchasing Policy. 70 SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby give the Building Maintenance Supervisor the authority to purchase these needed items, in consultation with the County Administrator, and BE IT FURTHER RESOLVED, that no purchases will be made in excess of the project contingency budget, and BE IT FURTHER RESOLVED, that the funding for these purchases is available in the 004.1620.606 Capital Account contingency. Vote: 7-0. RESOLUTION NO. 187 Motion by Larison, Second by Field. RE: AUTHORIZE THE CREATION AND FILLING OF ONE (1) FULL-TIME AUTOMOTIVE MECHANIC FOREPERSON POSITION - HIGHWAY WHEREAS, the Highway Superintendent, as well as, the Public Works Committee has seen a need for a full-time Automotive Mechanic Foreperson for the Central Garage vehicles to aggressively manage the transportation needs of the Central Garage unit in the most cost-efficient manner possible, and WHEREAS, Central Garage currently maintains 39 vehicles belonging to 13 different departments, and WHEREAS, there are approximately 28 vehicles that are currently being serviced by outside vendors, also other Municipalities are expressing an interest in using our facilities for their maintenance, and WHEREAS, the newly created Automotive Mechanic Foreperson will be able to take care of all the county vehicles preventative maintenance as well as keep up with the everyday repairs that keep cropping up, and free the present Automotive Mechanic Foreperson in the maintenance department to concentrate on the maintenance and repairs of the Highway equipment, and WHEREAS, currently Central Garage has one (1) part-time Automotive Mechanic Helper working sixteen (16) hours per week, and WHEREAS, the Highway Superintendent will abolish the current part-time position, and WHEREAS, the cost of creating and filling this position will be reimbursed by the other departments and/or municipalities for service and repair, and WHEREAS, the Highway Superintendent is requesting to create this position, upon the approval of the County Administrator, and WHEREAS, funds are available in the 2009 budget to pay for this position, by moving funds from the County Road Maintenance Payroll 5110.100 to the General Fund Central Garage Payroll 1640.100. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent be authorized to create and fill a full-time Automotive Mechanic Foreperson position in the Highway Department at a base pay of $15.54, funding to be available in the Department’s 2009 budget, line 1640.100, and BE IT FURTHER RESOLVED that the Schuyler County Treasurer is hereby authorized to transfer $10,000 from account no. 002.5110.100 to account no. 001.1640.100. Vote: 7-0. RESOLUTION NO. 188A Motion by Fagan, Second by Marcellus. RE: MOTION TO AMEND RESOLUTION NO. 188 TO ADD THE EFFECTIVE DATE OF SEPTEMBER 1, 2009 BE IT RESOLVED, that Resolution No. 188 be amended to add the effective date of September 1, 2009 Vote: 7-0. RESOLUTION NO. 188 Motion by Larison, Second by Karius. RE: AUTHORIZE THE CREATION AND FILLING OF ONE (1) ADMINISTRATIVE ASSISTANT TRAINEE POSITION – HIGHWAY DEPARTMENT - AS AMENDED WHEREAS, we have one Administrative Assistant position that will be left vacant on December 18, 2009 due to retirement, and WHEREAS, it is the recommendation of the Public Works Committee and the County Highway Superintendent to create and fill one (1) new Temporary Administrative Assistant position for training purposes, and WHEREAS, this position will be abolished upon the retirement of the current Administrative Assistant. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent is hereby PROCEEDINGS OF THE YEAR 2009 71 authorized to create and fill one (1) Administrative Assistant Trainee position at an hourly rate of $16.79, effective September 1, 2009, to be placed in Grade 8, as set forth in the Administrative Unit Contract. Vote: 7-0. RESOLUTION NO. 189 Motion by Larison, Second by Karius. RE: ACCEPT PROPOSAL FROM HUNT ENGINEERS FOR ENGINEERING DESIGN OF VANZANDT HOLLOW BRIDGE – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree that the VanZandt Hollow Bridge needs to be replaced, and WHEREAS, Hunt Engineers has proposed engineering services to include preparation of contract documents and specification packages for this bridge replacement for a not to exceed amount of $36,400.00, funds available in the 2009 County Road budget account no. 5020.400. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts the proposal price of $36,400.00 for engineering services from Hunt Engineers for the VanZandt Hollow bridge replacement, and BE IT FURTHER RESOLVED, that the Chairman of Legislature be hereby authorized to sign the Proposal Agreement, subject to the approval of the Schuyler County Attorney. DISCUSSION: Administrator O’Hearn explained to Legislator Fagan that there would be no additional costs for inspection services. Vote: 7-0. RESOLUTION NO. 190 Motion by Larison, Second by Karius. RE: AUTHORIZE CHANGE ORDER #5 WITH DAY AUTOMATION SYSTEMS - BUILDINGS AND GROUNDS WHEREAS, Resolution No. 275-07 authorized a contract with Day Automation Systems to install a Security System in all county buildings for a total contract price of $271,740, and WHEREAS, Resolution No. 462-07 authorized Change Order #1 in the amount of $7,283 with Day Automation Systems for various changes to the security system, and WHEREAS, Resolution No. 220-08 authorized Change Orders #2 and 3 in the amount of $13,951 with Day Automation Systems for additional changes to the security system, and WHEREAS, Resolution No. 297-08 authorized Change Orders #4 in the amount of $3,095 with Day Automation Systems for additional changes requested by the Courts to the security system, and WHEREAS, additional wireless panic buttons with installation and a controller panel are required for the security system, and WHEREAS, the Public Works Committee has reviewed the referenced change and recommends authorization thereof as follows: Original Contract Amount $271,740.00 Net Change by Previously Authorized Change Orders $ 24,329.00 Contract Amount Prior to this Change Order $296,069.00 Amount Contract will Increase by Change Order #5 $ 6,570.00 New Total Contract Amount $302,639.00, and WHEREAS, funding is available in the Capital Reserve account no. 004-1620-209 to pay for said increase. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign Change Order #5 proposal at a total cost of $6,570.00 with Day Automation Systems, subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 191 Motion by Fagan, Second by Marcellus. RE: DECLARE VEHICLES AS SURPLUS EQUIPMENT – PURCHASING DEPARTMENT WHEREAS, the Sheriff’s Department and the Highway Department wish to declare vehicles as surplus. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said vehicles as surplus, and 72 SCHUYLER COUNTY LEGISLATURE BE IT FURTHER RESOLVED, that said vehicle be auctioned off. Asset# Description Department 4098 1999 Chevy Tahoe SUV 1L05 VIN #IGNEK13R8X5516196 Sheriff 5142 2003 Dodge Ram ¾ Tn P/U (Central Garage) Highway Vote: 7-0. RESOLUTION NO. 192 Motion by Fagan, Second by Marcellus. RE: AUTHORIZE REQUEST FOR PROPOSALS (RFP) FOR DENTAL INSURANCE FOR 2010 WHEREAS, the Health Insurance Review Committee recommends soliciting Request for Proposals (RFP) for the County’s dental insurance for 2010. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the Human Resources Director to solicit proposals for the County’s dental insurance as set forth by the Health Insurance Review Committee. Vote: 7-0. RESOLUTION NO. 193 Motion by Fagan, Second by Marcellus. RE: AUTHORIZE CONTRACT WITH DIVA SOLUTIONS LLC d/b/a HR BEST PRACTICES FOR A DEPENDENT AUDIT – HUMAN RESOURCES WHEREAS, the County’s health insurance broker has recommended to the Human Resources Department and Health Insurance Review Committee that a dependent audit be conducted to ensure that only eligible dependents are receiving health insurance benefits, and WHEREAS, the Human Resources Director and the Health Insurance Review Committee concur with this recommendation. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with DIVA Solutions, LLC d/b/a HR Best Practices for a dependent audit of the County’s health insurance at a cost of $1,000 for each confirmed ineligible or non-complier; funding available in Health Insurance account no. 009.9060.807; subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 194A Motion by Bleiler, Second by Larison. RE: MOTION TO AMEND RESOLUTION NO. 194 TO ADD ADDITIONAL LANGUAGE BE IT RESOLVED, that Resolution No. 194 be amended to add additional language to the first and second to last Whereas clauses as follows, changes in bold. “WHEREAS, the State of New York signed a contract to purchase property across the road from the State Park entrance consisting of land and buildings in lots 1-6 commencing at the corner of Franklin Street and 10th St. in Watkins Glen, NY in August of 2007, and WHEREAS, the Schuyler County Legislature’s support was predicated on the ultimate aesthetic improvement of the property and the resulting enhancements to the Watkins Glen State Park, considered to be a true community asset, and a destination of over one million visitors a year, and”. DISCUSSION: Legislator Bleiler felt the need to have it known that this is a big attraction to Schuyler County during the tourist season. Administrator O’Hearn suggested adding to the Resolution that it is a destination of over one million visitors a year. Legislator Bleiler also wished to have the location noted in the first whereas that it is directly across the street from this attraction. Vote: 7-0. RESOLUTION NO. 194 Motion by Larison, Second by Bleiler. RE: RESOLUTION URGING THE STATE TO PROCEED WITH THE PROJECT TO CLEAN UP THE BUILDING ACROSS THE ROAD FROM THE STATE PARK ENTRANCE ON FRANKLIN STREET -AS AMENDED WHEREAS, the State of New York signed a contract to purchase property across the road from the State Park entrance consisting of land and buildings in lots 1-6 commencing at the corner of Franklin Street and 10th St. in Watkins Glen, NY in August of 2007, and WHEREAS, said purchase, made in May of 2008, was intended to provide land to be annexed by Watkins Glen State Park to accommodate overflow parking and contribute to upgrades to the park facility, and PROCEEDINGS OF THE YEAR 2009 73 WHEREAS, to achieve the desired outcome all existing buildings were to be demolished and cleared from the property, and WHEREAS, said purchase and plan was supported by the County Legislature even though it resulted in the loss of taxable property for all taxing jurisdictions, and WHEREAS, the Schuyler County Legislature’s support was predicated on the ultimate aesthetic improvement of the property and the resulting enhancements to the Watkins Glen State Park, considered to be a true community asset, and a destination of over one million visitors a year, and WHEREAS, as of June 1st, 2009 the property continues to sit in disrepair, portraying an image of blight at the gateway to an otherwise vibrant community. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature implores the NYS Office of Parks and Recreation to honor its commitment to the County and Village of Watkins Glen by proceeding with the demolition and clean up of the aforementioned properties. BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor David Paterson, Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara, and Tim Josephs, Regional Director New York State Parks. Vote: 7-0. RESOLUTION NO. 195 Motion by Larison, Second by Bleiler. RE: AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax receipts for the period October 1, 2008 through March 31, 2009, 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. EXHIBIT "A" MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES OCTOBER 1, 2008 THROUGH MARCH 31, 2009 TOWNS Amount Due VILLAGES Amount Due Catharine $5,093.00 Burdett $585.38 Cayuta $1,363.20 Montour Falls $2,810.40 Dix $12,410.35 Odessa $923.92 Hector $32,903.09 Watkins Glen $4,415.52 Montour $7,410.26 Orange $11,235.86 Reading $10,049.31 Tyrone $11,255.16 TOTALS $91,720.23 $8,735.22 APPROVED BY COMMITTEE: Signatures on file. Dennis A. Fagan

Delmar F. Bleiler

Paul N. Marcellus

Stewart F. Field Vote: 7-0. RESOLUTION NO. 196A Motion by Fagan, Second by Marcellus. RE: MOTION TO AMEND RESOLUTION NO. 196 TO CORRECT AMOUNT FROM $30,000 TO 74 SCHUYLER COUNTY LEGISLATURE $60,000 BE IT RESOLVED, that Resolution No. 196 be amended to change the amount of $30,000 to read $60,000. DISCUSSION: Legislator Fagan said he did not account for the $30,000 in retainage that needs to be taken from the checking account. The Resolution needs to be increased by an additional $30,000. Vote: 7-0. RESOLUTION NO. 196 Motion by Larison, Second by Bleiler. RE: AUTHORIZE AMENDING THE 2009 BUDGET FOR THE WATERSHED PROTECTION DISTRICT – AS AMENDED WHEREAS, the County Auditor is in receipt of bills for the Aquatic Vegetation Management Program for herbicide treatments to both Lamoka and Waneta Lakes totaling $252,409.50 and there is only $104,327.20 in the Watershed Protection budget, and WHEREAS, there is a need to transfer funds from a checking account that was created for the Lamoka/Waneta Lakes Rehabilitation District treatments to pay said bills and other bills expected to be no more than $60,000 for the remainder of 2009. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2009 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$208,082.30 8740.400 Contractual Expenses +$208,082.30 8740-2389 Other Home & Comm. Services Revenue Vote: 7-0. RESOLUTION NO. 197 Motion by Fagan, Second by Field. RE: AUTHORIZING A TAX ROLL CORRECTION FOR STATE OWNED PROPERTY IN THE TOWN OF DIX – REAL PROPERTY TAX WHEREAS, application for refund of real property taxes has been filed in accordance with Real Property Tax Law (RPTL) Section 556 for parcels 65.17-2-1, 65.17-2-2, 65.17-2-3, 65.17-2-4, & 65.17-2-5 owned by the State of New York, in the Village of Watkins Glen, Town of Dix, and WHEREAS, real property acquired by the State becomes immediately exempt from taxation pursuant to RPTL Section 404, and WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and found that placing these parcels in the taxable section of the roll constitutes an unlawful assessment as defined in RPTL Section 550(7)(a), and WHEREAS, it is the recommendation of the Real Property Tax Director and the Management & Finance Committee that the application for correction be approved. NOW, THEREFORE, BE IT RESOLVED, that the application for refund be approved, and that the taxes due in the amount of $7,125.15 be expunged from the roll with an appropriate chargeback to the Town of Dix. Vote: 7-0. RESOLUTION NO. 198 Motion by Larison, Second by Bleiler. RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2009 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS FOR FISCAL YEARS 2010, 2011, 2012, 2013. WHEREAS, Local Law Intro. No. 2/Local Law No. 3 of the Year 2009 Setting Salaries for Certain Elected Officials for Fiscal Years 2010, 2011, 2012, 2013 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held June 8, 2009 at 6:45 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. 2/Local Law No. 3 of the Year 2009, 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. 2/Local Law No. 3 of the Year 2009, together with the required text thereof in the official county newspaper. PROCEEDINGS OF THE YEAR 2009 75 LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2009 A Local Law Setting Salaries for Certain Elected Officials for Fiscal Years 2010, 2011, 2012, 2013. Section 1. LEGISLATIVE INTENT This Local Law is enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salaries of certain elected officials for fiscal years 2010, 2011, 2012, 2013. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal years 2010, 2011, 2012 and 2013 the annual salaries of the following officials shall be adjusted by the Consumer Price Index (CPI). The CPI to be used for this adjustment will be the New York Area of the Urban Wage Earners and Clerical Workers (CPI-W) Group. The adjustment will be made annually based on the CPI from the July Bureau of Labor Statistics data report. TITLE CURRENT SALARY Legislators $7,143 Sheriff $69,573 County Clerk $57,573 District Attorney $124,113* * - salary subject to change by State of New York Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. Vote: 7-0. RESOLUTION NO. 199 Motion by Larison, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS TO TOWN OF HECTOR FOR THE SALE OF TIMBER ON FEDERALLY OWNED ENTITLEMENT LAND WHEREAS, the Schuyler County Treasurer has received $22,088 in revenues from the sale of timber on federally owned entitlement land in the Town of Hector, and WHEREAS, in accordance with the provisions set forth in Section 500 of Title 16, United States Code, these funds must be used for the benefit of public schools or public roads, and WHEREAS, this income is normally used by the Town of Hector for road maintenance. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $22,088 to the Town of Hector for road maintenance in the Hector Land Use Area. Vote: 7-0. RESOLUTION NO. 200 Motion by Larison, Second by Bleiler. RE: AUTHORIZE BUILDING MAINTENANCE SUPERVISOR TO APPROVE CHANGE ORDERS ON THE SHARED PUBLIC WORKS FACILITY PROJECT – BUILDINGS AND GROUNDS WHEREAS, there are typically minor changes necessary to complete capital projects with multiple prime contracts, and WHEREAS, it is necessary to respond to these change requests in a timely manner. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby give the Building Maintenance Supervisor the authority to review and approve change orders for less than $5,000, in consultation with the County Administrator, and BE IT FURTHER RESOLVED, that no change orders will be made in excess of the project budget, and BE IT FURTHER RESOLVED, that the Schuyler County Buildings & Grounds Maintenance Supervisor is hereby authorized to sign any change orders, subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 201 Motion by Larison, Second by Bleiler. RE: AUTHORIZE AGREEMENT WITH PRO ACTION OF STEUBEN AND YATES, INC. FOR PLACEMENT OF THE SENIOR EMPLOYMENT PROGRAM AT OFFICE FOR THE AGING– OFFICE FOR THE AGING WHEREAS, Pro Action of Steuben and Yates, Inc. operates Senior Employment Program services, and WHEREAS, the services are to assist individuals age 55 and older enter/re-enter the workforce, and 76 SCHUYLER COUNTY LEGISLATURE WHEREAS, program participants are provided with 20 hours of paid community service provided through the US Department of Labor via Pro Action., and WHEREAS, Pro Action’s Senior Employment Program serves Schuyler County, and WHEREAS, the Schuyler County Office for the Aging can provide the opportunity to program participants to learn new skills or enhance current skills. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all agreements with Pro Action of Steuben and Yates, Inc. for the placement of Senior Employment training at the Schuyler County Office for the Aging from June 15, 2009 through May 31, 2010, said agreement subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 202 Motion by Larison, Second by Bleiler. RE: AUTHORIZE THE TEMPORARY INCREASE IN HOURS FOR MEAL DELIVERER - OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging has a full-time Meal Deliverer position, three (3) part-time positions and two (2) on-call positions, and WHEREAS, the full-time Meal Deliverer also spends a percentage of work time in the kitchen assisting with meal preparation duties, cleaning and additional work where needed, and WHEREAS, the full-time Meal Deliverer will be going on medical leave for an unspecified period of time, and WHEREAS, this work will need to be covered during that absence, and WHEREAS, there is an on-call Meal Deliverer who has been trained in the kitchen. NOW, THEREFORE, BE IT RESOLVED, that the Office for the Aging Director is hereby authorized to approve the additional hours at the current hourly rate of $10.86 for the on-call Meal Deliverer during the absence of the full-time Meal Deliverer. BE IT FURTHER RESOLVED, that the on-call Meal Deliverer will be returned to the requirement of 17 hours or less per week upon return of the full-time Meal Deliverer. Vote: 7-0. RESOLUTION NO. 203 Motion by Larison, Second by Bleiler. RE: RESOLUTION IN SUPPORT OF OFFERING THE CANARX PRESCRIPTION PROGRAM TO ALL COUNTY EMPLOYEES AND RETIREES WHEREAS, the Health Insurance Review Committee (HIRC) was asked to review the possibility of offering the CanaRx prescription drug program to all County employees and retirees since the County is now self-funded, and WHEREAS, the HIRC has reviewed all options and recommends the CanaRx program be offered, on a voluntary basis, with no co-pay, to all County employees and retires because of the potential for cost savings for all parties. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports and approves of offering the CanaRx program to all County employees and retirees effective upon implementation with no co-pay cost to the participants. Vote: 7-0. RESOLUTION NO. 204 Motion by Larison, Second by Bleiler. RE: AUTHORIZE WATER TREATMENT SERVICE CONTRACT WITH WATER WISE, INC. – BUILDINGS & GROUNDS WHEREAS, the new cooling tower needs to be treated to prevent scalding as well as algae growth, and WHEREAS, the Building Maintenance Supervisor has received three quotes to provide this service, and WHEREAS, Water Wise, Inc. provided the lowest quote. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor recommends using Water Wise, Inc., 311 Exchange Boulevard, Rochester, NY 14608, for the annual sum of $1,380, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a service agreement with Water Wise, Inc. to provide water treatment service for the period of June 1, 2009 to PROCEEDINGS OF THE YEAR 2009 77 May 31, 2010 at a total cost of $1,380, funding available in account no. 1620.490, subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 205 Motion by Bleiler, Second by Marcellus. RE: MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT FURTHER RESOLVED, that two (2) additional Resolutions be brought to the floor. Vote: 7-0. RESOLUTION NO. 206 Motion by Larison, Second by Marcellus. RE: AUTHORIZE A ONE TIME ADVANCE PAYMENT TO THE WATKINS GLEN AREA CHAMBER OF COMMERCE AS THE TOURIST PROMOTION AGENCY (TPA) WHEREAS, the current 2009 contract between the Watkins Glen Area Chamber of Commerce and the County as the TPA states that payments will be made by the Treasurer within thirty days of receipt of all lodging taxes per quarter, and WHEREAS, the Chamber of Commerce is in a position where they are requesting a one-time advance of $50,000 prior to the scheduled second quarter payment. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Schuyler County Treasurer to make an advance payment of $50,000 effective immediately from account no. 6410.436-Room Tax-Chamber of Commerce. DISCUSSION: Administrator O’Hearn explained the request for an advance. The Chamber has expenses that are due before the third quarter to agencies applying for room tax funds from them. It is simply a cash flow issue and picking up the agencies previously funded by the County in the past. Chairman Gifford said the Chamber had agreed to pay the agencies by May 1st and they do not have the cash flow to do so. Vote: 7-0. RESOLUTION NO. 207 Motion by Larison, Second by Marcellus. RE: AUTHORIZE EXTENDING THE TERM OF THE 2008-2009 CONTRACT WITH THE FRIENDS OF THE SCHUYLER COUNTY ANIMAL SHELTER (FOSCAS) – SHERIFF’S DEPARTMENT WHEREAS, the current contract with FOSCAS is to expire June 2, 2009, and WHEREAS, there is a need to extend the said contract until July 31, 2009. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract extension with FOSCAS with a term ending July 31, 2009, subject to approval by the Schuyler County Attorney. Vote: 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: The Clerk brought up the discussion relative to the County owned property in the Town of Catharine and the update from Attorney Coleman. Attorney Coleman stated that his office has canvassed all of the surrounding neighbors of interest and the answer is continually no. He gave David Lisk, Building Maintenance Supervisor, the go ahead to hire Microbac to find out if there is asbestos and what the cost of demolition would be. There was a motion from the May Legislative Resolution Review Committee meeting that authorized to proceed with hiring Microbac contingent upon asking the neighbors. Legislator Marcellus said this property has never gone to auction to the community, correct? Attorney Coleman said it would go to the next auction if you do nothing with it. Legislator Marcellus feels that is what the County should do with it. Administrator O’Hearn said David is waiting to hear and has not hired anyone yet. Legislator Marcellus feels they should at least try to sell it at the next auction rather then spend the money on a study. Legislator Karius agreed with Legislator Marcellus. Legislator Fagan asked what the concern is from the Town of Catharine. Legislator Bleiler said the building is falling apart. How can they let it stay that way and be liable for it? Legislator Marcellus suggested conveying it to the Town of Catharine. Legislator Larison said they do not want the property. They have just offered to help truck it away if demolished by the County. He feels it is an eye sore and hazardous to the County. Legislator Marcellus asked if the Town knows that they could have it. It might be valuable to know and they may want it. Legislator Bleiler said he is positive that they are not at all interested and is surprised they offered to help take it away. He asked what the cost is for the auctioneer. Attorney Coleman said it is 78 SCHUYLER COUNTY LEGISLATURE based rate and percentage to auctioneer. Chairman Gifford said someone should make a motion to offer the property to the Town of Catharine with our help to tear it down and if there is no interest it goes to auction in the fall. MOTION by Legislator Marcellus to offer the property to the Town of Catharine and if they are not interested then it goes to the auction in the fall, SECOND by Legislator Karius. Legislator Marcellus then asked if anything precludes them from offering the land by auction on line. He would like to see them list the Burdett property and this property and leave it there for bids. Attorney Coleman said that could be done. Legislator Bleiler said that there would be no testing for hazardous material and delay the process accordingly then? Attorney Coleman stated that they should not do that. If there are grounds to believe there is asbestos, it will come full circle. Legislator Bleiler felt the assessment should just be done then. Chairman Gifford said it sounds to him like it is going to go to auction. Legislator Marcellus feels if they had offered it at auction once before they would not be discussing it now. He would like to see it placed on line for a month to get it going. Legislator Larison said maybe they should not take property where people have not paid the taxes. Attorney Coleman said that has happened before in the past where there were environmental issues with the property. Under a new law now, the County can refuse to take the property. Motion failed three ayes to four noes. Noes were Legislators Field, Bleiler, Larison, and Fagan. REPORT ON STANDING COMMITTEES: Legislator Field reported that the Main Street and Franklin Street funds through SCOPED should be here soon. The Business Park looks good and there is a Canadian manufacturer interested and discussion with that company continues. Also, SCOPED was honored for first place and received a certificate of excellence recently. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn felt the letter to Governor Paterson regarding funding for our local Soil and Water Conservation District might carry more weight coming from the Legislature, not himself. He also reported that two representatives from the State Comptroller’s Office will be visiting the County to do an on site risk assessment to review the creation of the Human Services Complex and the creation of the Local Development Corporation (LDC). They will be attending Management and Finance Committee meeting June 17, 2009, to meet with the Legislature as a whole. If you are able to attend, they will be there. They thought we would need months to prepare their requested information and we are ready now. He feels the Comptroller’s Office believes that the County bought the building, renovated it and turned it over to the LDC. Legislator Fagan said he would like to ask the Comptroller how a dedicated fund for Soil and Water Districts can be zeroed out by mistake. Legislator Marcellus asked the County Attorney if he would ask how it could be swept clean and it is now empty. Attorney Coleman said he can check. Legislator Bleiler felt the question should be asked of the Attorney General, not the Comptroller. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:23 P.M. Stacy B. Husted, Clerk

SPECIAL MEETING JUNE 30, 2009

The June 30, 2009 Special Meeting of the Schuyler County Legislature was called to order at 3:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius followed by a moment of Silence. All Legislators were present except Legislators Bleiler, Yuhasz and Marcellus who were excused. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None RESOLUTION NO. 208 Motion by Larison, Second by Field. 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: PROCEEDINGS OF THE YEAR 2009 79 1. AUTHORIZE AGREEMENTS WITH KING AND KING MECHANICAL, INC., CONCORD ELECTRIC CORP., AND CLIMATE CONTROL TECHNOLOGIES FOR THE SHARED PUBLIC WORKS FACILITY – BUILDINGS AND GROUNDS Vote: 5-0. RESOLUTION NO. 209 Motion by Karius, Second by Larison. RE: AUTHORIZE AGREEMENTS WITH KING AND KING MECHANICAL INC., CONCORD ELECTRIC CORPORATION AND CLIMATE CONTROL TECHNOLOGIES, INC. FOR THE SHARED PUBLIC WORKS FACILITY – BUILDINGS AND GROUNDS WHEREAS, the Legislature adopted Resolutions authorizing contracts with ICT for Mechanical Construction, Mechanical Controls and Electrical Construction relative to the new Shared Public Works Facility, and WHEREAS, ICT Mechanical, Inc. was awarded the mechanical, electrical and mechanical controls contracts for the Schuyler County Shared Public Works Facility by Resolutions No. 498-08, No. 499-08, and No. 500-08, and WHEREAS, ICT Mechanical Inc. is unable to fulfill their bid requirements, therefore the County needs to accept the next lowest bidder for all three services, and WHEREAS, declarations of default, notices to surety and termination notices have been duly issued, and WHEREAS, International Fidelity Insurance Company, surety on the bonds related hereto, has consented to the substitution of King and King Mechanical Inc., Concord Electrical Corporation and Climate Control Technologies, Inc. for execution of subject work, and WHEREAS, King and King Mechanical, Inc., Concord Electrical Corporation and Climate Control Technologies, Inc. were in fact the next low bidders for the original contracts, and WHEREAS the Shared Public Works Facility construction has reached a critical phase at which immediate incorporation of substitute contractors is found by this Legislature to be an immediate necessity in order to avoid disruption of the building project and the consequent increased cost. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts Hunt Engineers, Architects & Land Surveyors, P.C. recommendations of King & King Mechanical, Inc., 16 Fairway Drive, Auburn, NY 13021 as low bidder for the Mechanical Contractor at the cost of $310,576, Climate Controls Technologies, Inc., 33 Brookside Avenue, Endwell, NY 13760, as low bidder for the Mechanical Controls Contractor at the cost of $79,800, and Concord Electrical Corporation, 705 Maple Street, Rochester, NY 14611 as low bidder for the Electrical Contractor at the cost of $209,400, and BE IT FURTHER RESOLVED, that costs are to be paid from the Shared Public Works Facility Capital account, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into said contracts above mentioned at a total cost of $599,776.00, subject to the approval of the Schuyler County Attorney. DISCUSSION: Legislator Fagan asked David Lisk, Building Maintenance Supervisor, if these are all the second lowest bidder for each category and is he comfortable with them. David Lisk said yes he is and Chris Bond from Hunt Engineering is recommending them all. Legislator Fagan then asked if this will hold up the schedule more. David said we did loose about twenty days with steel which pushed us back to October 22, 2009 for completion, however this will not delay us anymore. Vote: 5-0. UNFINISHED BUSINESS: The Clerk stated that all legislators received this morning a letter from Attorney Coleman regarding the ICT default situation. Some discussion was held prior to the meeting officially started. Attorney Coleman clarified that the monies due to the union does not at all fall on these projects here at the County, includes all projects ICT completed. He wants to nail this down with Bond Counsel. There is a window of eight months from the time in which ICT quit working. He has no way of knowing if there is another claim out there watching the eight months go by. He will do his best to protect the County from a double hit. The $114,000 owed to ICT is frozen and was placed in a trust fund. They will not do anything with it until a court says we have to. Legislator Fagan asked about the retainage on the contracts. David said they were 5%. The County 80 SCHUYLER COUNTY LEGISLATURE only paid partial payments and only two contracts were completed. The final invoices were not paid prior to the breakdown of the company. The Clerk asked Attorney Coleman if we would be receiving a bill from Harris Beach for his inquiry. Attorney Coleman said he is not sure if Harris Beach has the expertise for this and it was merely a phone call at this point. If they can not help us he will then go to Davidson and O’Mara for advise. PUBLIC PARTICIPATION: None The Meeting adjourned at 3:41 P.M. Stacy B. Husted, Clerk

REGULAR MEETING JULY 13, 2009

The July 13, 2009 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler followed by a moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: Mr. Jack Wilbert from Tyrone had called and spoke with County Administrator regarding his concerns with the gas drilling and Mr. O’Hearn informed him he could come share his concerns tonight during public participation. Mr. Wilbert said Steve Koffman will also be speaking on the topic. Both gentlemen read from the documentation they provided the legislators, which is on file in the Legislative Office. They both have some major concerns relative to Marcellus gas drilling and how it is different from other drilling. RESOLUTION NO. 210 Motion by Larison, Second by Karius. RE: APPROVE MINUTES OF THE JUNE 8, 2009 REGULAR MEETING AND THE JUNE 30, 2009 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the June 8, 2009 Regular Meeting and the June 30, 2009 Special Meeting of the Schuyler County Legislature be approved. Vote: 7-0. RESOLUTION NO. 211 Motion by Field, Second by Marcellus. RE: AUTHORIZE GRANT APPLICATION FOR STATE HOMELAND SECURITY REGIONAL EXERCISE PROJECT – EMERGENCY MANAGEMENT WHEREAS, the New York State Homeland Security is soliciting applications for funding made available to the New York State Office of Homeland Security (OHS) to be awarded to local governments for the purpose of expanding regional preparedness capabilities of first responders to respond to major terrorist events and/or natural disasters, and WHEREAS, the Emergency Management Office wishes to be a collaborate and participate with regional partners, Environmental Emergency Services, Inc (EES), Steuben County, Chemung County, City of Corning, Elmira, and Hornell, and WHEREAS, the regional partners wish to apply for $58,000.00 under the State Homeland Security Regional Exercise Project with no local cost. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the State Homeland Security Regional Exercise Project, subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 212 Motion by Field, Second by Marcellus. RE: AUTHORIZE TRANSFER OF FUNDS FOR NAVIGATION EQUIPMENT EXPENSES – SHERIFF’S OFFICE WHEREAS, the Schuyler County Sheriff’s Office has experienced a major failure in the outboard motor on one of the navigation boats, and WHEREAS, the cost of repairing the motor exceeds the value of the boat and motor combination, and there were no funds budgeted for replacement in the 2009 Budget, and WHEREAS, a boat is needed to patrol the smaller lakes within the county, and PROCEEDINGS OF THE YEAR 2009 81 WHEREAS, the New York State Office of Parks and Recreation will reimburse the county for seventy five percent of the purchase under the Navigation Program, and WHEREAS, said funds are available in the Car Operation and Expense Account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to make the following transfer in the 2009 Sheriff’s Department budgets as follows: AMOUNT ACCOUNT NO. DESCRIPTION -$10,000 3110.444 Car Operation and Expense +$10,000 3111.200 Navigation Equipment Vote: 7-0. RESOLUTION NO. 213 Motion by Field, Second by Marcellus. RE: AUTHORIZE THE ENHANCED SUPERVISION OF SEX OFFENDERS CONTRACT WITH THE NEW YORK STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES – PROBATION DEPARTMENT WHEREAS, the New York State (NYS) Division of Probation and Correctional Alternatives will reimburse the Schuyler County Probation Department $1,376 annually for each Sex Offender Registration Act (SORA) risk level 2 and 3 sex offender that the Probation Department provides enhanced supervision services for during the contractual period. The total for all reimbursements in this contract are not to exceed $6,676 annually, and WHEREAS, the NYS Division of Probation and Correctional Alternatives will reimburse the Schuyler County Probation Department $300 annually for each SORA risk level 2 and 3 sex offender under supervision of the Probation Department on which a polygraph examination has been performed in the contractual period. The total for all reimbursements in this contract are not to exceed $6,676 annually, and WHEREAS, the NYS Division of Probation and Correctional Alternatives will reimburse the Schuyler County Probation Department up to $5,000 annually for reasonable costs determined by NYS Division of Probation and Correctional Alternatives which has been incurred by the Schuyler County Probation Department in the return or retaking of SORA risk level 2 or 3 sex offenders under probation supervision in absconder and/or violator status. The total for all reimbursements in this contract are not to exceed $6,676 annually. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an agreement to accept State Aid as described above per levels 2 and 3 sex offenders for a contractual period of April 1, 2009 through March 31, 2010, subject to approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 214 Motion by Karius, Second by Larison. RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY PLANNING COMMISSION BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Ronald Vedder of Cargill, Inc. as the Industry Representative to the Schuyler County Planning Commission for the term January 1, 2009 through December 31, 2010. Vote: 7-0. RESOLUTION NO. 215 Motion by Karius, Second by Larison. RE: AUTHORIZE CONTRACT WITH GRETCHEN ANN JACOBS FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention Services for children, and WHEREAS, Gretchen Ann Jacobs is approved as a provider for Early Intervention Services, and WHEREAS, rates paid for Early Intervention Services provided under this contract are set by the New York State Department of Health and are not subject to negotiation. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Gretchen Ann Jacobs for Early Intervention Services, effective July 1, 2009 through December 31, 2009, at rates established by the New York State Department of Health, to be renewed annually, on a calendar year, funds available in the Public Health budget account no. 4054.490, subject to the approval of the Schuyler County Attorney. Vote: 7-0. 82 SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 216 Motion by Karius, Second by Larison. RE: AUTHORIZE APPOINTMENT TO THE MENTAL RETARDATION/DEVELOPMENTAL DISABILITY SUBCOMMITTEE - COMMUNITY SERVICES WHEREAS, Resolution 23-09 establishes there is no term limits for Community Services Board and Subcommittee members, and WHEREAS, Gretchen Silliman has expressed interest in continuing on the Mental Retardation/ Developmental Disability Health Subcommittee, and WHEREAS, there is a vacancy on the Mental Retardation/Developmental Disability Health Subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Gretchen Silliman to the Mental Retardation/Developmental Disability Health Subcommittee for the term July 14, 2009 through December 31, 2009. Vote: 7-0. RESOLUTION NO. 217 Motion by Karius, Second by Larison. RE: RECOGNIZE JULY AS INTERNATIONAL GROUP B STREP AWARENESS MONTH – PUBLIC HEALTH WHEREAS, approximately 1 in 4 pregnant women carry Group B Strep (GBS), the most common cause of life-threatening infections in newborns and can also infect babies during pregnancy and the first few months of life, and WHEREAS, not all babies exposed to GBS become infected, but for those who do, the results can be devastating, causing babies to be miscarried, stillborn, born prematurely, become very sick, have lifelong handicaps or die, and WHEREAS, there are ways to help protect babies from Group B Strep by providing an antibiotic to the mother during labor until delivery, if the screening shows GBS present, and WHEREAS, the key to preventing transmission of GBS to newborns is screening because it is difficult to predict who will be affected, and WHEREAS, the Center for Disease Control (CDC) recommends that a pregnant woman get tested for GBS when she is 35 to 37 weeks pregnant by sterile swab, then receiving IV antibiotics during labor and delivery. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature acknowledge July 2009 as International Group B Strep Awareness Month. Vote: 7-0. RESOLUTION NO. 218 Motion by Karius, Second by Larison. RE: AUTHORIZE CONTRACT WITH SCHUYLER HOSPITAL, INC. FOR OVERNIGHT NURSING HOME RESPITE UNDER THE TITLE III-E CAREGIVER PROGRAM– OFFICE FOR THE AGING WHEREAS, the Title III-E Caregiver Program allows for overnight nursing home respite services, and WHEREAS, there are clients receiving Caregiver services who may need overnight nursing home respite, and WHEREAS, Schuyler Hospital, Inc. located at 220 Steuben Street in Montour Falls, NY 14565, has a duly licensed nursing home in good standing and a Swing Bed program both of which can provide the needed services, and WHEREAS, the 2009 Title III-E budget includes funds for such services in account no. 6772.490. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Schuyler Hospital, Inc. to provide overnight nursing home respite at a rate of $300.00 per day for the term of July 1, 2009 through December 31, 2009, said contract subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 219 Motion by Karius, Second by Larison. RE: AUTHORIZATION TO ENTER INTO AGREEMENT WITH AFFILIATED PSYCHOLOGICAL CONSULTANTS, P.C. (APC, P.C.) TO PROVIDE PROFESSIONAL SERVICES – SOCIAL SERVICES PROCEEDINGS OF THE YEAR 2009 83 WHEREAS, the Department of Social Services wishes to provide caseworkers access to professional group consultations with a qualified psychologist/facilitator in order to facilitate a discussion and review of best practices, and WHEREAS, the Department has been in contact with Dr. Papperman of APC, P.C. and has worked out an arrangement to facilitate group sessions for a maximum of four one hour sessions per month at a cost of $85.00 per session, maximum of $2,040 if all 24 sessions were held, and WHEREAS, the contract will be evaluated in six (6) months to assess the benefits to the workers. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter in an agreement between Social Services and Affiliated Psychological Consultants, P. C. for the period July 1, 2009 through December 31, 2009 for a professional services contract in the amount of $2,040, funding available in the 2009 Social Services budget account no. 6010.435, subject to approval by the County Attorney. Vote: 7-0. RESOLUTION NO. 220 Motipn by Larison, Second by Fagan. RE: AUTHORIZE AMENDING THE FIRE ALARM TESTING AND MAINTENANCE AGREEMENT WITH CPE INTERLINK/SENTRY ALARMS TO INCLUDE THE HUMAN SERVICES COMPLEX– BUILDINGS AND GROUNDS WHEREAS, Resolution No. 334-06 authorized advertisement for Fire Alarm Testing and Maintenance for a period of three years, and WHEREAS, Resolution No. 381-06 accepted the Building Maintenance Supervisor’s recommendation of the low bidder, CPE InterLink/Sentry Alarms, 357 East 5th Street, Elmira, NY 14901 for the Fire Alarm Testing and Maintenance contract at the low bid of $11,790 for the term January 1, 2007, through December 31, 2009, and WHEREAS, the Human Services Complex Fire Alarm is no longer under warranty. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the Building Maintenance Supervisor’s recommendation to add the Human Services Complex to the contract with CPE InterLink/Sentry Alarms, 357 East 5th Street, Elmira, NY 14901 for Fire Alarm Testing and Maintenance at the Human Services Complex at a cost of $500 for the term January 1, 2009, through December 31, 2009, and that funding is available in Buildings and Grounds 2009 budget account no. 1620.490, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said amendment to the agreement with CPE InterLink/Sentry Alarms, subject to the approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 221 Motion by Larison, Second by Fagan. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF VANZANDT HOLLOW BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT WHEREAS, Schuyler County accepted a proposal for engineering services for the replacement of VanZandt Hollow Bridge over Glen Creek BIN #3332350, and WHEREAS, the project design is complete, it is now necessary to advertise for bids for construction. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for the construction of the VanZandt Hollow Bridge Replacement. Vote: 7-0. RESOLUTION NO. 222 Motion by Larison, Second by Fagan. RE: AUTHORIZING THE IMPLEMENTATIONN, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL –AID PROJECT, AND APPROPRIATING FUNDS THEREFORE – HIGHWAY DEPARTMENT WHEREAS, a Project for the replacement (BIN 22254310), South Genesee Road over Catharine Creek, Schuyler County, PIN 6753.97 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and 84 SCHUYLER COUNTY LEGISLATURE WHEREAS, the County of Schuyler desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of the replacement of (BIN 22254310) South Genesee Road over Catharine Creek, Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, duly convened does hereby approve the above-subject project, and BE IT FURTHER RESOLVED, that the Schuyler Legislature hereby authorizes the County of Schuyler to pay in the first instance 100% of the federal and non-federal share of the cost of Design and Right of Way Incidental work for the Project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of $165,000 is hereby appropriated in the 2009 budget, account number 5020.400 and made available to cover the cost of participation in the above phase of the Project, and BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the County of Schuyler shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Schuyler with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid-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: 7-0. DISCUSSION: Administrator O’Hearn explained to Legislator Fagan that the formula is the same for the funding stream. However, there is no guarantee for the year 2010 and 2011. This is a pass through project for the Town of Montour, the County has no local share involved. RESOLUTION NO. 223 Motion by Karius, Second by Field. RE: DECLARE EQUIPMENT JUNK/SURPLUS FOR THE EMERGENCY MANAGEMENT DEPARTMENT – TREASURER’S OFFICE WHEREAS, the Emergency Management Department has replaced the E911 Console Equipment and wishes to declare some of the old equipment junk and surplus. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declares said equipment as junk or surplus, and BE IT FURTHER RESOLVED, that the following list of equipment be disposed of or placed in storage to be sold at auction at a later date: JUNK ITEMS: SURPLUS ITEMS: ASSET# DESCRIPTION ASSET# DESCRIPTION 2672 Console for E911 System 2279 (1) JVC Video Cassett Recorder w/Editor 2905 Console for E911 System 2280 (1) JVC Video Cassett Recorder 3413 Console for E911 System 2281 (1) JVC Video Cassett Recorder 4125 E911 Gold base in FC Mod 2277 (1) Sony Color Monitor 4126 E911 Gold base in FC Mod 2278 (1) Sony Color Monitor 4178 CEB Card Cage & Cable E911 3090 (1) Minolta Camrea 8025 w/case 5466 Audio logy Voice Recorder 3091 (1) Minolta Lens 50mm Macro 5923 Dell 32” HD LCD TV 3092 (1) Minolta Lens 28.80 Zoom 2245 Motorola Base Station 3093 (1) Minolta Flash , Case & Filter 2255 Motorola Base Station 2234 (15) Scott Air Tanks 2100 2286 (7) Radio Base Stations 2282 (1) Explosimeter PROCEEDINGS OF THE YEAR 2009 85 1991 APC Backup 2283 (1) Explosimeter 5411 (2) Computer Dex 5925 Dell Optiplex GX620 computer 5926 Dell Optiplex GX620 computer 2436 UB Power Supply Vote: 7-0. RESOLUTION NO. 224 Motion by Karius, Second by Field. RE: AUTHORIZE AMENDING RESOLUTION NO. 188-09 TITLED “AUTHORIZE THE CREATION AND FILLING OF ONE (1) TEMPORARY ADMINISTRATIVE ASSISTANT POSITION – HIGHWAY DEPARTMENT - AS AMENDED” WHEREAS, Resolution No. 188-09 authorized the creation and filling of one (1) Temporary Administrative Assistant position for the Highway Department, and WHEREAS, said position should have been titled Administrative Assistant Trainee, and WHEREAS, funding for the position was not addressed in Resolution No. 188-09. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 188-09 be amended to change the title in the body of the Resolution from Temporary Administrative Assistant to Administrative Assistant Trainee, and BE IT FURTHER RESOLVED, that the Now, Therefore, Be It Resolved clause now read as follows to include funding for the position:

“NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent is hereby authorized to create and fill one (1) Administrative Assistant Trainee position at an hourly rate of $16.79, effective September 1, 2009, to be placed in Grade 8, as set forth in the Administrative Unit Contract, funding for said position available in account no. 5010.100-Personnel Services.” Vote: 7-0. RESOLUTION NO. 225 Motion by Karius, Second by Field. RE: AUTHORIZE CONTRACT WITH CLIMATE CONTROL TECHNOLOGIES, INC. – BUILDINGS & GROUNDS WHEREAS, HVAC Building Automation Systems (BAS) are currently being used in four (4) County Buildings, and WHEREAS, the Direct Digital Controls (DDC) requires the services of a trained software engineer, licensed to own and use headend supervision and programming software and WHEREAS, Climate Control Technologies, Inc. has agreed to provide these services, WHEREAS, these services were being provided by ICT Mechanical, Inc. as a part of the HVAC Repair/Maintenance Contracts by Resolution 20-09, and WHEREAS, ICT Mechanical, Inc. is unable to fulfill their contract requirements, therefore the county needs to enter into an agreement with Climate Control Technologies, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Climate Control Technologies, Inc., 33 Brookside Avenue, Endwell, NY 13760 for the term of July 1, 2009 to December 31, 2009 at a cost of $455 per month, with funding available in the 2009 budget, account no. 1620.490; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 226 Motion by Karius, Second by Field. RE: AUTHORIZE AGREEMENT WITH DAVIDSON & O’MARA, P.C. TO RETAIN CONSULTING COUNSEL REGARDING THE ICT DEFAULT/AUTHORIZE TRANSFER OF FUNDS – COUNTY ATTORNEY’S OFFICE WHEREAS, ICT, Inc. has defaulted in performance of several county contracts, and WHEREAS, numerous claims and/or liens have been asserted against contract funds now held in trust by operation of law, and WHEREAS, the County Attorney’s Office needs assistance in this specialized area of practice. NOW, THEREFORE, BE IT RESOLVED, that the County Attorney’s Office be and hereby is authorized to request a retainer agreement from Davidson & O’Mara, P.C., 243 Lake Street, Elmira, N.Y. 86 SCHUYLER COUNTY LEGISLATURE 14901, for expedited review and approval. The hourly fee for counsel under said agreement shall be at the rate of $125.00 per hour, plus disbursement, funding available for the consulting counsel shall be paid from 1420.435-Professional Fees and Services, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to execute the retainer agreement, effective immediately; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $5,000 from Contingency account no. 1990.500 into the County Attorney’s budget account no. 1420.435- Professional Fees and Services. Vote: 7-0. RESOLUTION NO. 227 Motion by Karius, Second by Field. RE: MOTION TO BRING ONE (1) ADDITIONAL RESOLUTION TO THE FLOOR BE IT RESOLVED, that one (1) additional Resolution be brought to the floor. Vote: 7-0. RESOLUTION NO. 228 Motion by Larison, Second by Field. RE: AUTHORIZE CONTRACT WITH DANIEL F. BIZZELL/ASSOCIATED APPRAISAL SERVICES, INC. FOR DATA COLLECTION SERVICES – REAL PROPERTY TAX WHEREAS, the county is in need of data collection services to facilitate the reassessment project in the Towns of Catharine and Montour in 2010, and WHEREAS, the data collector employed by the Real Property Tax Service Agency has resigned effective July 17, 2009. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Daniel F. Bizzell/ Associated Appraisal Services, Inc for the Real Property Tax Service Agency for data collection services for the term July 16, 2009 through September 30, 2009, at $10 per parcel, not to exceed $11,000, funding available in the 2009 Real Property Tax budget account no. 1355.400; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the position of Data Collector in the Real Property Tax Office be abolished effective July 18, 2009. Vote: 7-0. DISCUSSION: Legislator Fagan asked if the intent of the data collector position was to groom them for the Assessor position, and now we are contracting out the services instead, is that correct? Administrator O’Hearn stated that it is all a matter of timing. The only municipality that is left is the Town of Montour. In order to stay on schedule with the public meetings and other items, it is just best to contract the service out and then re- evaluate the position of data collector. It may be more like an Assessor’s Aide position that would be required. That title would be more appropriate to groom the next assessor. NEW BUSINESS: None UNFINISHED BUSINESS: None REPORT ON STANDING COMMITTEES: Legislator Fagan informed the public that Monday, July 20th at 10:30 a.m. they will hold our Community Development & Natural Resources Committee Meeting. On the agenda will be the Department of Environmental Conservation involvement in drilling for discussion. He informed the two gentlemen that spoke tonight that their recommendations will be taken into consideration. Legislator Field reported that SCOPED is continuing to talk with three companies that are interested in the Industrial Business Park. The negotiations are getting closer. They are two United States Companies and one from Canada. COUNTY ADMINISTRATORS REPORT: Administrator O’Hearn recapped the Cardboard Boat Regatta that was held June 20th. Schuyler I won again and took first place and Schuyler III took third place overall. He also reported that there was an article in the Corning Leader regarding our County Wide Assessing. The intent was to be flattering and it was not. He discussed the numbers and how the article was confusing. He also reported that the USDA effort to round up the Geese will not happen. The geese have moved out of the area. PROCEEDINGS OF THE YEAR 2009 87 The Corrections Officers union contract is still in negotiations and the target date is Wednesday, July 22nd for action to ratify by the Legislature. He requested that there may need to be a Special Meeting of the Legislature called for that day. PUBLIC PARTICIPATION: None The Meeting adjourned at 7:08 P.M. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

SPECIAL MEETING JULY 22, 2009

The July 22, 2009 Special Meeting of the Schuyler County Legislature was called to order at 9:00 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison followed by a moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None RESOLUTION NO. 229 Motion by Larison, Second by Marcellus. 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. AUTHORIZE INDEMNIFICATION AGREEMENT WITH THE VILLAGE OF WATKINS GLEN FOR PARTICIPATION IN THE ITALIAN AMERICAN FESTIVAL– OFFICE FOR THE AGING 2. AUTHORIZE TRANSFER FUNDS FROM THE CAPITAL RESERVE ACCOUNT INTO A TRUST ACCOUNT DUE TO ICT MECHANICAL SERVICES, INC. DEFAULT – BUILDINGS AND GROUNDS 3. AUTHORIZE A CONTRACT WITH THE HUMANE SOCIETY OF SCHUYLER COUNTY (HSSC) FOR OPERATION OF THE SCHUYLER COUNTY DOG SHELTER – SHERIFF’S DEPARTMENT Vote: 7-0. RESOLUTION NO. 230 Motion by Larison, Second by Field. RE: AUTHORIZE INDEMNIFICATION AGREEMENT WITH THE VILLAGE OF WATKINS GLEN FOR PARTICIPATION IN THE ITALIAN AMERICAN FESTIVAL – OFFICE FOR THE AGING WHEREAS, Office for the Aging has an opportunity to participate in the Italian American Festival for the purpose of providing information relevant to the services provided through the Office, and WHEREAS, the Festival Committee has agreed to provide a location at the event at no expense, and WHEREAS, there will be no sale of goods or exchange of money, and WHEREAS, Office for the Aging is required to provide a signed Indemnification Statement for the Village of Watkins Glen, as property owners of the festival site. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all statements provided to the Village of Watkins Glen through the Italian American Festival Committee for the period of July 31- August 2, 2009, said agreement subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 231 Motion by Larison, Second by Field. RE: AUTHORIZE TRANSFER FUNDS FROM THE CAPITAL RESERVE ACCOUNT INTO A TRUST ACCOUNT DUE TO ICT MECHANICAL SERVICES, INC. DEFAULT – BUILDINGS AND GROUNDS WHEREAS, ICT Mechanical Services, Inc. has defaulted on several county contracts, and WHEREAS, various creditors have filed a Notice of Lien with the county, and 88 SCHUYLER COUNTY LEGISLATURE WHEREAS, the Schuyler County Treasurer holds funds in the amount of $114,591.40 previously due ICT Mechanical Services, Inc., required to be held in trust for the benefit of creditors in accordance with Article 3-A of the NY Lien Law, and WHEREAS, the breakdown by contract and account are as follows:

Phase I Courthouse Renovation Retainage Capital Acct Acct No. No. 004.0004.0605 004.1620.0606 ICT Mechanical Services, Inc. $71,900.00 Electrical Contract Reso. 317-08 Change Order #1 Reso. 396-08 (plus) $864.00 Contract Total $72,764.00 Total Paid To-Date $64,587.60 Total Due from Retainage Account $7,276.40 Total Due from Capital Account $900.00 Balance Due -0-

ICT Mechanical Services, Inc. $42,000.00 Mechanical Contract Reso. 317-08 Total Paid To-Date $36,900.00 Total Due from Retainage Account $4,200.00 Total Due from Capital Account $900.00 Balance Due -0-

Phase II Courthouse Renovation ICT Mechanical Services, Inc. $70,700.00 Mechanical Controls Contract Reso. 395-08 Total Paid To-Date $23,085.00 Total Due from Retainage Account $2,565.00 Total Due from Capital Account $45,050.00 Balance Due -0-

ICT Mechanical Services, Inc. $53,700.00 Plumbing Contract Reso. 394-08 Total Paid To-Date -0- Total Due from Capital Account $53,700.00 Balance Due -0- Total To Be Transferred $14,041.40 $100,550.00

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer funds in the amount of $100,550.00 from Capital Account no. 004.1620.0606 and $14,041.40 from Retainage Account no. 004.0004.0605 into a Trust and Agency Account, and BE IT FURTHER RESOLVED, that the following items were paid or due the County of Schuyler in order to complete ICT Mechanical Services, Inc., Phase II work.

ICT Mechanical Services, Inc., Mechanical Controls Contract Reso. 395-08 PROCEEDINGS OF THE YEAR 2009 89 Proposed Change Order #1 (See Attached) Credit ($1,700.00) Paid to Climate Control Technologies, Inc., Invoice no. 4667 for purchase of HVAC Control parts to complete system $617.54 Paid to Climate Control Technologies, Inc., Invoice no. 2009-15 for programming HVAC Control system $3,700.00

ICT Mechanical Services, Inc., Plumbing Contract Reso. 394-08 Paid to General Contractor, Ace Unlimited, Change Order no. GC09, for demolition of basement floor to install new sewer line $2,417.00 Total County lien on funds in Trust and Agency Account $8,434.54 Vote: 7-0. RESOLUTION NO. 232 Motion by Larison, Second by Field RE: AUTHORIZE A CONTRACT WITH THE HUMANE SOCIETY OF SCHUYLER COUNTY (HSSC) FOR OPERATION OF THE SCHUYLER COUNTY DOG SHELTER – SHERIFF’S DEPARTMENT WHEREAS, the HSSC has expressed a desire to take over the daily operation of the Schuyler County Dog Shelter and has presented a viable business plan to the County, and WHEREAS, the HSSC is willing to enter into a contract with Schuyler County, to operate the dog shelter. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is authorized to sign a contract with the Humane Society of Schuyler County for operation of the Schuyler County Dog Shelter for a minimum term of five (5) years, renewable, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that such contract terms to include, among other matters, a contingency whereby the County would commit to dedicating net sale proceeds of the existing County-owned shelter in support of a new facility to be constructed by the Humane Society of Schuyler County as soon as possible. Vote: 7-0. PUBLIC PARTICIPATION: None The Meeting adjourned at 9:03 a.m. Stacy B. Husted, Clerk

SPECIAL MEETING JULY 29, 2009

The July 29, 2009 Special Meeting of the Schuyler County Legislature was called to order at 9:14 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan followed by a moment of Silence. All Legislators were present except Legislators Yuhasz and Bleiler who were excused. County Administrator O’Hearn was also present and County Attorney James Coleman was excused. PUBLIC PARTICIPATION: None RESOLUTION NO. 233 Motion by Karius, Second by Field. 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. APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY CORRECTION OFFICERS BENEVOLENT ASSOCIATION. 2. AUTHORIZE TRANSFER OF FUNDS FOR UNION RATIFICATION PAYMENTS – SHERIFF Vote: 6-0. RESOLUTION NO. 234 Motion by Larison, Second by Fagan. 90 SCHUYLER COUNTY LEGISLATURE RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY CORRECTION OFFICERS BENEVOLENT ASSOCIATION WHEREAS, representatives of the County have engaged in Collective Bargaining with the Schuyler County Correction Officers Benevolent Association (“the Association”), and WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years 2008 through 2012 was reached with respect to employees in the Association, and WHEREAS, the Association duly ratified the tentative agreement on July 28, 2009. 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 Correction Officers Benevolent Association, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be hereby authorized to execute the aforementioned agreement. Vote: 6-0. DISCUSSION: Administrator O’Hearn reported that the union has in fact ratified the tentative agreement. The negotiation team held firm and they agreed. There are no changes from the Power Point presentation given at the beginning of the month. Legislator Marcellus asked how many years this covers. O’Hearn said five years, from 2008 through 2012. Legislator Fagan asked what the union vote was. O’Hearn said it was a sealed ballot, he is not sure if they can know the vote. RESOLUTION NO. 235 Motion by Larison, Second by Fagan. RE: AUTHORIZE TRANSFER OF FUNDS FOR UNION RATIFICATION PAYMENTS – SHERIFF WHEREAS, Schuyler County and Schuyler County Correction Officers Benevolent Association duly ratified a collective bargaining agreement for the period 2008 through 2012, and WHEREAS, the negotiated wage increase is retroactive to January 1, 2008, requiring a transfer of funds into the Sheriff’s budget to pay said back wages. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer $63,000 from Contingency account number 1990.500 to Sheriff account nos. 3150.100, 3150.102 and 3510.100 accordingly. DISCUSSION: Legislator Fagan asked if the $63,000 is sufficient to cover the years 2008 and 2009. Adminstrator O’Hearn said yes. Dan Walker, Vice President of the Benevolent Association, was present and thanked the Legislators. He said we are not the old Schuyler County we use to be. We have come a long way. This was a long time coming. On behalf of the Bargaining Unit, thank you. Vote: 6-0. MOTION by Legislator Field to go into executive session to discuss employee(s) work history, SECOND by Legislator Fagan. Motion carried six ayes to zero noes. MOTION by Legislator Larison to come out of executive session, SECOND by Legislator Karius. Motion carried six ayes to zero noes. Chairman Gifford said he received a phone call from Jerry Smyder at the Schuyler County Historical Society the other day as a board member. Legislator Karius has not been able to make the meetings because of a conflict with another Special Committee appointment. He asked for one of the Legislators to consider replacing her on the Historical Society Board as she cannot be in two places at one time. He also reported that Senator Gillibrand’s visit today is at the SCOPED Office. Legislator Fagan said he plans to stop in and speak about the funding needed for the Centralized Water Treatment Plant. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:40 a.m. Jamee L. Mack, Deputy Clerk

REGULAR MEETING AUGUST 10, 2009

PROCEEDINGS OF THE YEAR 2009 91 The August 10, 2009 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 Field followed by a moment of Silence. All Legislators were present except Legislators Yuhasz and Fagan who were excused. Legislator Marcellus was absent. County Administrator O’Hearn and County Attorney James Coleman were also present. PUBLIC PARTICIPATION: Tammy Brown, CSEA Administrative Unit President, spoke on behalf of the union regarding their objection to the scheduled changes in the Office for the Aging Department. See statement read on file in the Legislative Office. Sue Brill, Local CSEA President, also spoke and reiterated Tammy Brown’s message. Sue said she understands this is not a financial decision and that is what is upsetting them. She also understands the tough position the Legislature is in. One of the arguments made to us regarding the elimination of this position was in regards to funding to purchase Home Health Aide Services. These services are not on the market and you can not buy what isn’t available. Do we really want to eliminate this type of service to our senior citizens? She does not think we really want to tell our seniors that their home visits will not exist any longer and they now will be reduced to a five minute phone call. How are our seniors going to feel? RESOLUTION NO. 236 Motion by Larison, Second by Karius. RE: APPROVE MINUTES OF THE JULY 13, 2009 REGULAR MEETING, JULY 22, 2009 SPECIAL MEETING AND THE JULY 29, 2009 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the July 13, 2009 Regular Meeting, July 22, 2009 Special Meeting and the July 29, 2009 Special Meeting of the Schuyler County Legislature be approved. Vote: 5-0. RESOLUTION NO. 237 Motion by Larison, Second by Field. RE: AUTHORIZE GRANT APPLICATION FOR THE HAZARDOUS MATERIALS EMERGENCY MANAGEMENT PREPAREDNESS (HMEP) GRANT – EMERGENCY MANAGEMENT WHEREAS, the New York State Emergency Response Commission has announced that grants are available to Local Emergency Planning Committees (LEPCs), and WHEREAS, Planning grant money is now available for three grant years Year-Fourteen October 1, 2006-September 30, 2007: Year-Fifteen October 1, 2007-September 30, 2008 and Year-Sixteen October 1,2008-September 30, 2009 for Federal Fiscal Year 2005 (FFY05), of the Hazardous Materials Preparedness Program, and WHEREAS, the purpose of the grants is to improve and implement emergency plans under the Emergency Planning and Community Right-to-Know Act of 1986, and WHEREAS, we have been invited to apply for the grant with an award of $1,800.00 each for years fourteen and fifteen, and a minimum award of $2,930.00 for year sixteen. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the aforementioned grant funds with the State Emergency Management Office; said documents subject to approval by the Schuyler County Attorney. Vote: 5-0. RESOLUTION NO. 238 Motion by Larison, Second by Field. RE: AUTHORIZE ADDITIONAL COMPENSATION FOR THE ASSISTANT DISTRICT ATTORNEY POSITIONS FOR THE YEAR 2009 - DISTRICT ATTORNEY WHEREAS, the Schuyler County District Attorney’s Office is in receipt of grant funding for 2009 in the amount of $4,000 from the New York State Division of Criminal Justices Services, and WHEREAS, the funding is to be used for the purpose of assisting the District Attorney’s Office with recruitment and retention of qualified prosecutors. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the District Attorney to pay the Chief Assistant District Attorney $2,500 and the other Assistant District Attorney $1,500 for the year 2009, to be paid from Grant Account No. 1165.100-1172-Personnel, and BE IT FURTHER RESOLVED, that the money should be paid immediately in the next pay period. Vote: 5-0. RESOLUTION NO. 239 Motion by Larison, Second by Field. 92 SCHUYLER COUNTY LEGISLATURE RE: AUTHORIZE AMENDING THE 2009 BUDGET FOR INDIGENT LEGAL SERVICES FUND (ILSF) – PUBLIC DEFENDER WHEREAS, the Schuyler County Public Defender’s Office is in receipt of extra funding from the Indigent Legal Services Fund in the amount of $8,103.50, and WHEREAS, the funding is to be used to improve the quality of services provided pursuant to article eighteen-B of the County law to “supplement and not supplant” any local funds which Schuyler County would otherwise have had to expend for the provision of counsel and expert, investigative and other services pursuant to article eighteen-B of the County law. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2009 Public Defender’s budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION + $8,103.50 1170.3389 Other Public Safety Revenue + $ 500.00 1170.410 Copier Supplies + $ 500.00 1170.430 Mileage + $ 250.00 1170.433 Postage/Freight + $6,853.50 1170.435 Professional Fees & Services Vote: 5-0. RESOLUTION NO. 240 Motion by Larison, Second by Field. RE: AUTHORIZE ADOPTION OF OFFICE POLICY AND PROCEDURAL MANUAL FOR THE SCHUYLER COUNTY PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Director saw a need for an updated Office Policy and Procedural Manual to assist the Probation Department staff in effectively accomplishing the departmental mission statement and goals, and WHEREAS, said manual has been reviewed and approved by the County Attorney, the CSEA Administration Unit, the Human Resources Director and the County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves adoption of the updated Policy and Procedural Manual as presented by the Director of the Schuyler County Probation Department this month of July in the year 2009, on file in the Legislative Office. Vote: 5-0. RESOLUTION NO. 241 Motion by Larison, Second by Field. RE: AUTHORIZE AGREEMENT BETWEEN NEW YORK STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES AND SCHUYLER COUNTY PROBATION DEPARTMENT FOR PROJECTED STATE AID OF PROBATION SERVICES IN THE YEAR 2009 – PROBATION DEPARTMENT WHEREAS, New York State Division of Probation and Correctional Alternatives is willing to reimburse Schuyler County Probation up to a projected 16% for certain items in the department’s budget through this agreement. Based on the Probation Departments submitted budget, it is projected by New York State Division of Probation and Correctional Alternatives that Schuyler County Probation will be eligible for state aid in the amount of $46,116 for the year 2009. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute the agreement with the New York State Division of Probation and Correctional Alternatives allowing for reimbursement in State aid to Schuyler County Probation up to the amount $46,116; subject to approval of the Schuyler County Attorney. Vote: 5-0. RESOLUTION NO. 242 Motion by Larison, Second by Field. RE: ACCEPT PROPOSAL FROM CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. FOR THE 2009 HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY WHEREAS, the Planning Office of Cooperative Extension has issued a Request for Proposals for said program with the approval of the Schuyler County Attorney, and WHEREAS, no other bids were received. PROCEEDINGS OF THE YEAR 2009 93 NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Planning Office of Cornell Cooperative Extension, that the Schuyler County Legislature hereby accepts proposal from Clean Harbors Environmental Services, Inc. in an amount not to exceed $7500.00 for a Household Hazardous Waste Collection Day to be held September 26, 2009, at the Schuyler County Highway Department property, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to execute any and all documents necessary to carryout the above-referenced proposal acceptance; subject to approval of the Schuyler County Attorney. Vote: 5-0. RESOLUTION NO. 243 Motion by Karius, Second by Larison. RE: RESOLUTION REQUESTING THAT THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ALLOW A PUBLIC COMMENT PERIOD OF AT LEAST 60 DAYS FOR REVIEW OF THE DRAFT SUPPLEMENTAL GENERIC ENVIRONMENTAL IMPACT STATEMENT ON THE OIL, GAS AND SOLUTION MINING REGULATORY PROGRAM WHEREAS, the New York State Department of Environmental Conservation, pursuant to SEQRA procedures, will soon release the Draft Supplemental Generic Environmental Impact Statement on the Oil, Gas and Solution Mining Regulatory Program, and WHEREAS, the specific reason this Supplement to the original 1992 GEIS is being prepared is the imminent development for natural gas production in the Marcellus Shale formation in New York State, and WHEREAS, under SEQRA provisions, a public review and comment period of at least 30 days is mandated, and WHEREAS, the potential cumulative impact of this development on local infrastructure, economy and quality of life is unprecedented in its magnitude and scope, and WHEREAS, those governing bodies and agencies with claim to the title of “parties of interest” * generally meet on a monthly basis, and WHEREAS, a 30-day public review and comment period would be inadequate for these parties of interest to thoroughly review, study, and submit any comments on the Draft SGEIS, and WHEREAS, at least a 60-day public comment period would more reasonably enable a thorough and comprehensive review and consideration by all interested parties. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests that the New York State Department of Environmental Conservation allow a public comment period of at least 60 days for review of the Draft Supplemental Generic Environmental Impact Statement on the Oil, Gas and Solution Mining Regulatory Program when it is issued. BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature forward certified copies of this Resolution to Alexander B. Grannis, Commissioner, New York State DEC, Bradley J. Field, Director, New York State DEC, Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara, Governor David A. Paterson and Judith Enck, Deputy Secretary for the Environment. * Village, Town, and County Governments and appropriate departments therein (Highway, Soil and Water, Environmental Management, etc.) Vote: 5-0. RESOLUTION NO. 244 Motion by Karius, Second by Larison. RE: RECOGNIZE SEPTEMBER 2009 AS NATIONAL CHOLESTEROL EDUCATION MONTH – PUBLIC HEALTH WHEREAS, September is National Cholesterol Education Month, and WHEREAS, this is a good opportunity to get your blood cholesterol checked and take steps to lower it if it is high, and WHEREAS, this is also a good time to learn about lipid profiles and about food and lifestyle choices that help you reach personal cholesterol goals, and WHEREAS, high blood cholesterol affects over 65 million Americans and is a serious condition that increases the risk for heart disease, and 94 SCHUYLER COUNTY LEGISLATURE WHEREAS, you can have high cholesterol and not know it and lowering levels that are too high lessens the risk for developing heart disease and reduces the chance of having a heart attack or dying of heart disease. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes September 2009 as National Cholesterol Education Month and encourages the residents of Schuyler County to get their blood cholesterol checked. Vote: 5-0. RESOLUTION NO. 245 Motion by Karius, Second by Larison. RE: RECOGNIZE SEPTEMBER 4 – 10, 2009 AS SUICIDE PREVENTION WEEK – PUBLIC HEALTH WHEREAS, a person in acute risk for suicidal behavior threatens to hurt or kill themselves, talks of wanting to hurt or kill themselves, looks for ways to kill themselves or talks or writes about death, dying or suicide, and WHEREAS, additional warning signs could be increased substance use, anxiety, agitation, inability to sleep or sleeping all the time, withdrawal from friends or family, uncontrolled anger, acting reckless, dramatic mood changes or feeling trapped, and WHEREAS, if observed, help should be sought as soon as possible by contacting a mental health professional, and WHEREAS, talking openly and matter-of-factly about suicide, being willing to listen and being non- judgmental are all steps that can reduce the risk of suicide. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes September 4 – 10, 2009 as Suicide Prevention Week. Vote: 5-0. RESOLUTION NO. 246 Motion by Larison, Second by Field. RE: AUTHORIZE APPOINTMENTS TO THE MENTAL HEALTH SUBCOMMITTEE - COMMUNITY SERVICES WHEREAS, Resolution 23-09 establishes there is no term limits for Community Services Board and Subcommittee members, and WHEREAS, there are vacancies on the Mental Health Subcommittee, and WHEREAS, Deborah Hastings and Jill Vuckovic have expressed interest in serving on the Mental Health Subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Deborah Hastings to the Mental Health Subcommittee for the term August 11, 2009 through December 31, 2011 and Jill Vuckovic to the Mental Health Subcommittee for the term August 11, 2009 through December 31, 2010. Vote: 5-0. RESOLUTION NO. 247 Motion by Larison, Second by Field. RE: AUTHORIZE APPOINTMENTS TO THE MENTAL RETARDATION/DEVELOPMENTAL DISABILITY SUBCOMMITTEE - COMMUNITY SERVICES WHEREAS, Resolution 23-09 establishes there is no term limits for Community Services Board and Subcommittee members, and WHEREAS, there are vacancies on the Mental Retardation/Developmental Disability Subcommittee, and WHEREAS, Renee Gay and Nancy Gay have expressed interest in serving on the Mental Retardation/ Developmental Disability Subcommittee, and NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointments of Renee Gay and Nancy Gay to the Mental Retardation/Developmental Disability Subcommittee for the term August 11, 2009 through December 31, 2011. Vote: 5-0. RESOLUTION NO. 248 Motion by Larison, Second by Field. RE: AUTHORIZE APPOINTMENT TO THE ALCOHOL & SUBSTANCE ABUSE SUBCOMMITTEE - COMMUNITY SERVICES PROCEEDINGS OF THE YEAR 2009 95 WHEREAS, Resolution 23-09 establishes there is no term limits for Community Services Board and Subcommittee members, and WHEREAS, there is a vacancy on the Alcohol & Substance Abuse Subcommittee, and WHEREAS, Patricia Hastings has expressed interest in serving on the Alcohol & Substance Abuse Subcommittee, and NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Patricia Hastings to the Alcohol & Substance Abuse Subcommittee for the term August 11, 2009 through December 31, 2009. Vote: 5-0. RESOLUTION NO. 249 Motion by Larison, Second by Bleiler, RE: AUTHORIZE CONTRACT WITH HAPPINESS HOUSE FOR PRE-SCHOOL SPECIAL EDUCATION SERVICES – PUBLIC HEALTH WHEREAS, Public Health is required to provide center-based program Pre-School Special Education Services to residents of Schuyler County, and WHEREAS, Happiness House is a provider of these services, and WHEREAS, rates paid for Pre-School tuition provided under this contract are set by the New York State Department of Health and are not subject to negotiation. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Happiness House for Pre-School Special Education Services, effective July 1, 2009 through June 30, 2010, at rates established by the New York State Department of Health, to be renewed annually, funds available in the Public Health budget, account no. 2960.400, subject to the approval of the Schuyler county Attorney. Vote: 5-0. RESOLUTION NO. 250 Motion by Larison, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS FOR BUILDING REPAIRS – COMMUNITY SERVICES WHEREAS, Resolution No. 482-98 established a Community Services Board reserve account to cover expenses related to major projects and repairs at the Mill Creek Center building, and WHEREAS, major repairs are needed at the Mill Creek Center building involving replacement of carpet and related expenditures, and WHEREAS, Buildings and Grounds has submitted a proposal detailing the estimated cost of this work, and WHEREAS, the bills for these repairs should be paid from the Community Services Board account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $25,000 from the Community Services Board Reserve Account to account no. 4310.426 – Maintenance of Equipment, for repairs at the Mill Creek Center building. Vote: 5-0. RESOLUTION NO. 251 Motion by Larison, Second by Bleiler. RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING FOR THE NEW YORK CONNECTS PROGRAM YEAR 4 – OFFICE FOR THE AGING AND DEPARTMENT OF SOCIAL SERVICES WHEREAS, Schuyler County has a New York (NY) Connects program as a component of Families First, and WHEREAS, NY Connects is a program for individuals with long term care or chronic healthcare issues from birth to death which provides information, assistance and referrals, and WHEREAS, Families First/NY Connects is a collaborative effort between the Youth Bureau, Office for the Aging, Public Health and the Department of Social Services, and WHEREAS, the State of New York acting through the New York State Office for the Aging implements the program with the Schuyler County Office for the Aging as the liaison and the Department of Social Services as the conduit for the funding. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all agreements with the New York State Office for the Aging for the continuation of the NY 96 SCHUYLER COUNTY LEGISLATURE Connects program from October 1, 2009 through September 30, 2010, said agreement subject to approval of the Schuyler County Attorney. Vote: 5-0. RESOLUTION NO. 252 Motion by Lariosn, Second by Field. RE: AUTHORIZE AN AGREEMENT WITH THE SCHUYLER COUNTY YOUTH BUREAU FOR THE OPERATION OF A SUMMER YOUTH EMPLOYMENT PROGRAM (SYEP) – SOCIAL SERVICES WHEREAS, Schuyler County has an interest in the employment and economic well-being of its residents, including youth, and WHEREAS, the Department of Social Services has been granted a Temporary Assistance for Needy Families (TANF) allocation of $44,304 from NYS Office of Temporary Assistance (OTDA) towards the operation of a 2009 Summer Youth Employment Program (SYEP), and WHEREAS, the Department wishes to enter into an agreement with the Schuyler County Youth Bureau to implement the Summer Youth Employment Program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature on behalf of the Department of Social Services be authorized to sign a contract with the Schuyler County Youth Bureau for the operation of a Summer Youth Employment Program for the period May 1, 2009 through September 30, 2009 in the amount of $44,304, account no. 6010.484, subject to approval by the County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2009 Department of Social Services budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$44,304 6010.484 Employment Programs +$44,304 6010.4610 Federal Aid – Administration Vote: 5-0. RESOLUTION NO. 253 Motion by Larison, Second by Field. RE: AUTHORIZATION TO ENTER INTO AGREEMENT WITH CHEMUNG, SCHUYLER, STEUBEN WORKFORCE NEW YORK AND SCHUYLER COUNTY CAREER CENTER – SOCIAL SERVICES WHEREAS, the Department of Social Services wishes to enter into an agreement with CSS Workforce New York as the lead agency for the operation of the Schuyler County One-Stop Career Center, and WHEREAS, the One-Stop Career Center has been a valuable service to the Department in assisting temporary assistance clients obtain employment, thus reducing the Department’s temporary assistance caseload, and WHEREAS, the Department has sufficient funds available in its Flexible Fund for Family Services allocation to provide up to $12,400 in financial assistance to Workforce New York, who will provide employment services to Temporary Assistance to Needy Families (TANF) eligible participants under 200% Federal Poverty Level (FPL). NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement between Social Services and CSS Workforce, NY for the period January 1, 2009 through December 31, 2009 in the amount of $12,400, funding available in the 2009 budget account no. 6010.484, subject to approval by the County Attorney. Vote: 5-0. RESOLUTION NO. 254 Motion by Larison, Second by Field. RE: AUTHORIZE EXTENSION OF CATHOLIC CHARITIES NON-RESIDENTIAL DOMESTIC VIOLENCE SERVICES AGREEMENT FOR THE PERIOD JULY 1, 2009 THROUGH DECEMBER 31, 2009 – SOCIAL SERVICES WHEREAS, the Department of Social Services has an agreement with Catholic Charities for Non- Residential Domestic Violence Services for the period July 1, 2008 through June 30, 2009, and WHEREAS, this money is funded through New York State Office of Temporary and Disability Assistance for Temporary Assistance to Needy Families (TANF) in the amount of $25,000 (Round VII), and WHEREAS, Catholic Charities has requested an extension to allow full use of the monies granted in the agreement. PROCEEDINGS OF THE YEAR 2009 97 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract extension between Social Services and Catholic Charities for Non-Residential Domestic Violence Services through December 31, 2009, subject to approval by the Schuyler County Attorney. Vote: 5-0. RESOLUTION NO. 255 Motion by Larison, Second by Bleiler. RE: ACCEPT EXTENSION FOR MISCELLANEOUS STRUCTURAL MAINTENANCE AND RECONSTRUCTION OF BRIDGES, CULVERTS, GUIDERAIL, ETC. - HIGHWAY WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the first year of a two-year contract renewal option for Miscellaneous Structural Maintenance and Reconstruction, and WHEREAS, Silverline Construction, Inc. has agreed in writing to extend the original agreement under the same terms and conditions with a contract period of October 1, 2009 through September 30, 2010, and WHEREAS, it is the recommendation of the Public Works Committee that the Schuyler County Legislature accept the bid extension from Silverline Construction, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a bid extension agreement with Silverline Construction, Inc. at the original contract price, effective October 1, 2009 through September 30, 2010: funding available in the 2009/2010 budgets; subject to the approval of the Schuyler County Attorney. Vote: 5-0. RESOLUTION NO. 256 Motion by Larison, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS FOR BRIDGE REPAIR WORK IN THE 2009 COUNTY ROAD FUND BUDGET – HIGHWAY DEPARTMENT – AS AMENDED WHEREAS, the repair cost to keep the VanZandt Hollow Bridge open to vehicular travel exceeds the amount left in the Contractual account, and WHEREAS, the County Road Fund account number 5110.512 has additional funds. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the following amounts in the County Road Fund as follows: AMOUNT ACCOUNT NO. DESCRIPTION -$2,761.00 5110.512 Limestone +$2,761.00 5020.400 Contractual Vote: 5-0. RESOLUTION NO. 257 Motion by Larison, Second by Bleiler. RE: DECLARE OLD TELEPHONE SYSTEM SURPLUS AND TRANSFER TO THE TOWN OF CATHARINE – BUILDINGS AND GROUNDS WHEREAS, the Buildings and Grounds Department purchased a Norstar Telephone System for the Youth Bureau at the Rural Urban Center, and WHEREAS, the Youth Bureau is now located at the Human Services Complex, and WHEREAS, this system is currently being used by departments temporarily located at the Rural Urban Center, and WHEREAS, these departments are scheduled to move to their permanent location in the near future, and WHEREAS, the Buildings and Grounds Department has no further need for this system, and WHEREAS, the Town of Catharine is in need of a telephone system. NOW, THEREFORE, BE IT RESOLVED, that pursuant to County Law Section 215, this Legislature hereby declares that when all County Departments are moved out of the Rural Urban Center, the above phone system is proclaimed surplus and transfer the same to the Town of Catharine. Vote: 5-0. RESOLUTION NO. 258 Motion by Larison, Second by Field. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES – RESCINDED BY RESOLUTION NO. 370-09 WHEREAS, the Management/Confidential Salary Plan (M/CSP) 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 98 SCHUYLER COUNTY LEGISLATURE Government over a 12-month period, and WHEREAS, the COLA has been determined to be 2.4 %, and WHEREAS, the County Administrator and Human Resources Director recommend that the Legislature adopt a 2.4% COLA for Management/Confidential Salary Plan purposes. 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, 2010. FACTOR RATING SYSTEM AND SALARY RANGES POINTS GRADE MIN MID MAX_ 1026 – 1100 M 77,239 87,622 98,028 951 – 1025 L 71,293 81,690 92,086 876 – 950 K 65,351 75,749 86,146 801 – 875 J 59,409 69,809 80,205 726 – 800 I 53,472 63,868 74,264 651 – 725 H 47,529 57,184 66,838 576 – 650 G 43,074 53,472 63,868 501 – 575 F 40,102 49,756 59,409 426 – 500 E 37,131 46,042 54,955 351 – 425 D 34,162 42,332 50,502 276 – 350 C 31,191 38,617 46,042 202 – 275 B 28,220 35,647 43,074 Vote: 5-0. RESOLUTION NO. 259 Motion by Larison, Second by Field. RE: AUTHORIZE CHANGE TO RETIREE HEALTH INSURANCE ELIGIBILITY AND CONTRIBUTION LEVELS FOR NON-UNION EMPLOYEES WHEREAS, currently there is no service requirement for non-union employees to be eligible for the County’s retiree health insurance program as long as they qualify for retirement under the NYS Retirement regulations, and WHEREAS, it is the recommendation of the Management and Finance Committee that a service requirement be established for retiree health insurance eligibility. NOW, THEREFORE, BE IT RESOLVED, effective January 1, 2010, for non-union employees only, the following eligibility and contribution levels will apply. The Employer shall pay the premium costs as follows: Employees with 5-9 years of service Employee 55%, Spouse 35% Employees with 10-14 years of service Employee 60%, Spouse 35% Employees with 15-19 years of service Employee 65%, Spouse 35% Employees with 20-24 years of service Employee 70%, Spouse 35% Employees with 25+ years of service Employee 75%, Spouse 35% In addition, the Employer will discontinue its practice of paying the Medicare Part B monthly premium for both the employee and spouse, and pay one (1) monthly premium only. In the case of an employee or spouse becoming deceased, the Employer will continue to pay one (1) Medicare Part B monthly premium, and BE IT FURTHER RESOLVED, that elected officials’ eligibility requirements will remain the same as outlined under County Policy No. 6.4. which states, “Elected officials, who may or may not exercise their option to participate in the retirement system shall be required to have ten years service in Schuyler County and to have attained age 55 to qualify for retiree health insurance benefits.” Vote: 5-0. RESOLUTION NO. 260 Motion by Larison, Second by Field. RE: AUTHORIZE APPOINTMENTS TO THE HEALTH INSURANCE REVIEW COMMITTEE (HIRC) WHEREAS, position replacements have changed members on the Health Insurance Review Committee (HIRC), and PROCEEDINGS OF THE YEAR 2009 99 WHEREAS, to avoid having to continually amend appointments to the HIRC, it is recommended that the committee be appointed by title only. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the appointment of the following position titles to the Health Insurance Review Committee to serve with no ending term: Administrative Unit CSEA President (or designee) Highway Unit CSEA President (or designee) Road Patrol Association President (or designee) Correction Officers Benevolent Association President (or designee) Town Representative (to be selected by the Towns) Village Representative (to be selected by the Villages) Management Level representative (to be selected by Management Level employees) (2) Legislators (to be selected by the Legislative Chairman) County Administrator Human Resources Director Broker/Consultant Vote: 5-0. RESOLUTION NO. 261 Motion by Larison, Second by Field. RE: ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS – BOARD OF ELECTIONS WHEREAS, after completing the necessary training and upon certification the Schuyler County Board of Election Commissioners have made a recommendation of 61 individuals to be appointed as election inspectors. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment of the following individuals as Schuyler County Election Inspectors for a one year term commencing July 15, 2009 through July 14, 2010: REPUBLICANS Karen Allen; Diana Arnold; Susan Baker; Virginia Beebe; Teresa A. Cope; Christine C. Cosgrove; Michael Dinkins; Doris H. Fazzary; Patricia Hastings; Elizabeth J. Hollis; Mary Ellen Hoose; John D. Hunt; Darla Kimmey; Florence M. Klopf; Cathy-Rae Mathews; Frederick Mockler; Lisa Orr; Greta Preston; Hazel Raplee; Ira Ray; Bonnie Seeley; Theresa Sgrecci; Helen M. Sipperley; Ida Smalley; Beatrice Smyder; Elizabeth J. Sullivan; Jolene Swick; Beverly VanAmburg; Catherine VanZile; Joyce VanVleet; Phyllis P. Welshans, Ellen M. Mathers. DEMOCRATS Rebecca Abraham; Debra Albro; Elizabeth Biggers; Geraldine Boyce; Judith Caruso; Susan Cecce; Elizabeth Cole-Fagan; Vera Franzese; Jean M. Grandizio; Betty Heichel; Jean Hubsch; Virginia Jensen; Diane Koi- Thompson; Suzanne Learn; Jacqueline Leidenfrost; Elizabeth Martin; Joan Martin; Neal Melveney; Madalyn B. Morgan; Anne Myers; Marion Nicastro; Michael Oates; Jean Parker; Rosemary Paterson; Nona Schimizzi; Catherine Sirrine; Karen Solomon; Sandra Teeter; Elizabeth Underdown; Francis VanDyke, Darlene K. Bingham, Sally J. Human. Vote: 5-0. RESOLUTION NO. 262 Motion by Larison, Second by Field. RE: AUTHORIZE CONTRACT WITH SYSTEMS DEVELOPMENT GROUP, INC. FOR IMAGE MATE ONLINE SOFTWARE SUPPORT HOSTING – REAL PROPERTY TAX WHEREAS, Systems Development Group, Inc. hosts the County’s Image Mate Online application which allows taxpayer access to real property tax and assessment information, and WHEREAS, the initial year of hosting and maintenance services, which was paid for by a New York State Real Property Tax Administration Technology Improvement Grant, expired on April 30, 2009. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Systems Development Group, Inc. for the Real Property Tax Service Agency for Image Mate Online hosting services for the term May 1, 2009 through April 30, 2010, in the amount of $1,200, 100 SCHUYLER COUNTY LEGISLATURE funding available in the 2009 Real Property Tax budget account no. 1355.400; subject to approval of the Schuyler County Attorney. Vote: 5-0. RESOLUTION NO. 263 Motion by Larison, Second by Field. RE: RESOLUTION URGING GOVERNOR PATERSON AND THE NEW YORK STATE LEGISLATURE TO ADVANCE FUNDING AND EXPEDITE TIMETABLES TO COMPLETE THE APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM (CORRIDOR U-1 I-99 AND CORRIDOR T I-86) WHEREAS, Governors have made commitments to the revitalization and improvement of the economy of “Upstate” New York, and WHEREAS, Steuben County, along U.S. Route 15 (I-99), and thirteen other counties along U.S. Route 17 (I-86) corridor make up the three Local Development Districts in the thirteen state Appalachian Regional Commission, and WHEREAS, U.S. Route 15 (I-99) Corridor U-1 and U.S. Route 17 (I-86) Corridor T are New York State’s section of the thirteen state Appalachian Development Highway System and as such are eligible for Appalachian funding, and WHEREAS, completing the I-99 U-I Corridor fulfills the desires of both the Commonwealth of Pennsylvania and New York State to accelerate economic development opportunities in the area of Appalachia as well as respond to the increasing traffic volumes (primarily commercial vehicles) in the Route 15 Corridor since the passage of the North American Free Trade Agreement (NAFTA), and WHEREAS, U.S. Route 15 is the only north/south route in Central Pennsylvania that serves as a vital, and direct link between western New York and Canada and the ports of Baltimore and Philadelphia and the mid-Atlantic states, and WHEREAS, completing Corridor T, which terminates in Broome County at Interstate 81, and the U-1 Corridor in Steuben County will complete the Appalachian Development Highway System in New York State, and WHEREAS, the New York I-86 Economic Development Benefit Study, issued in January 2000, which was widely accepted and quoted at all levels of government, called for an aggressive eight-year construction period that would result in a 3.2 billion dollar direct economic benefit to communities along the I-86 Highway Corridor once the conversion has been completed, and WHEREAS, the Three Rivers Development Foundation, utilizing funds from the Appalachian Regional Commission, has developed an Economic Blueprint, which was released in June 2009, for the I-86/I-99 Corridor in Southeast Steuben County utilizing properties that have the potential for providing sustainable future economic development opportunities, and WHEREAS, Governor Pataki and the New York State Department of Transportation committed to a ten-to-twelve year construction program to complete the Route 17 conversion to Interstate I-86 beginning with the first designation (177 miles Chemung County West to Pennsylvania) December 3, 1999, and WHEREAS, the Pennsylvania Department of Transportation has projected a completion date for the conversion of Route 15 to Interstate standards (I-99) to the New York State border by the end of 2012, and WHEREAS, the designation of New York State Route 17 to I-86 and Route 15 to I-99 will provide a highway network with connection to every Interstate Highway located within New York State and Interstates leading into Pennsylvania, and WHEREAS, the Appalachian Regional Commission has released a study “Economic Impact Study of Completing the Appalachian Development Highway System”. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby express its support for those projects contained within the 2005 Transportation Bond Act and the Transportation Plan for the State of New York Department of Transportation, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby urge the Governor and the New York State Legislature to advance funding necessary to expedite the timetables set forth and complete the Appalachian Development Highway System in New York State and meet the Pennsylvania Department of Transportation’s timetable, and PROCEEDINGS OF THE YEAR 2009 101 BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby authorized to forward this resolution to Governor David A. Paterson, Senate Temporary President Pedro Espada, Senate Majority Leader Malcolm Smith, Senate Minority Leader Dean G. Skelos, Assembly Majority Leader Ron Canestrari, Assembly Minority Leader Brian M. Kolb, Senator George H. Winner, Jr., Assembly Member Thomas F. O’Mara, Acting Transportation Commissioner Stanley Gee, Senate Transportation Committee Chairman Martin Dilan, Assembly Standing Committee on Transportation Chairman David Gantt, Peter White, Regional Director New York State Department of Transportation Region 6, Chairman of the Upstate Empire Development Corporation Dennis Mullen, the New York State Association of Counties, and the Inter-County Association of Western New York. Vote: 5-0. RESOLUTION NO. 264 Motion by Larison, Second by Karius. RE: AUTHORIZE CONTRACT TO EXTEND FIBER OPTICS TO SCHUYLER SHARED PUBLIC WORKS COMPLEX – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 276-07 authorized a contract with Corning Cable Systems for installation of outside Fiber Optics to all county buildings, and WHEREAS, the county wishes to extend the Fiber Optic cabling to the new Shared Public Works Complex, in order to keep all Departments on the Local Area Network (LAN). NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Corning Cable Systems at a cost of $17,326, plus anchors as required, with funding available in capital account no. 004.1620.211, subject to approval of the Schuyler County Attorney. Vote: 5-0. RESOLUTION NO. 265 Motion by Larison, Second by Karius. RE: ABOLISH AGING SERVICES CASEWORKER POSITION – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office of the Aging (SCOFA) currently has two Aging Services Caseworker positions, and WHEREAS, SCOFA has been undergoing a full office review, and WHEREAS, as part of said review, the Performance Based Budget/CAARS reporting data was evaluated and compared with data provided by other County Offices for the Aging, and WHEREAS, the SCOFA data reflected the caseloads for two Schuyler County Aging Services Caseworkers is significantly below the average for just one caseworker in other counties, and WHEREAS, it has been determined that the caseload is not large enough to support two Aging Services Caseworker positions, and WHEREAS, Civil Service Law Section 80 as well as the Administrative Unit CSEA collective bargaining agreement allows for abolition of positions in these circumstances, and WHEREAS, it is recommended by the Office for the Aging Director, County Administrator and Human Services Committee that it shall be in the best interests of the County for purposes of economy, efficiency, consolidation, or otherwise, that effective immediately, August 11, 2009, to abolish one of two Aging Services Caseworker positions pursuant to Civil Service Law Section 80, and WHEREAS, any suspension or demotion upon the abolition or reduction of positions shall be determined pursuant to Civil Service Law Section 80. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby determines it shall be in the best interests of the County for purposes of economy, efficiency, consolidation, or otherwise, to abolish one of two Aging Services Caseworker positions, effective immediately August 11, 2009, pursuant to Civil Service Law Section 80, and BE IT FURTHER RESOLVED, that the County Administrator or the County Administrator’s designee, shall implement any such abolition in accordance with New York State Civil Service Law and shall provide any notifications as may be required by law. Vote: 5-0. DISCUSSION: Legislator Field asked if the questions raised here tonight have been taken into consideration. Administrator O’Hearn said yes they have. Legislator Bleiler asked if the work load has been taken into consideration. Administrator O’Hearn said yes to a degree. The Personnel Officer did a desk audit and the 102 SCHUYLER COUNTY LEGISLATURE OFA Director has spent a great deal of time investigating and comparing the position against other counties. This is not a surprise and it has been discussed at the committee level. RESOLUTION NO. 266 Motion by Larison, Second by Karius. RE: AUTHORIZE CREATION AND FILLING OF AN ADMINISTRATIVE ASSISTANT POSITION/ABOLISH DEPUTY DIRECTOR POSITION – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office of the Aging (SCOFA) currently has a position of Deputy Director, and WHEREAS, SCOFA has been undergoing a full office review, and WHEREAS, as part of said review, a recent desk audit was conducted by the Personnel Officer to determine if the work of the position reflects the tasks outlined in the job description, and WHEREAS, the desk audit revealed there are a number of duties in the Deputy Director’s job specification that are being fulfilled by the Aging Services Coordinator’s position, and WHEREAS, as part of the review process, it was determined that there are unnecessary multi-levels of management, and WHEREAS, upon recommendation and review by the Schuyler County Human Resources and Civil Service Departments, a position entitled “Administrative Assistant” is a more appropriate position to handle the fiscal needs of the Office thus alleviating one level of management, and WHEREAS, the position would be a full-time position (35 hours) and be classified as a competitive position in Grade Level 8 of the Administrative Unit CSEA with an hourly rate of $16.79. NOW, THEREFORE, BE IT RESOLVED, that the Office for the Aging Director is hereby authorized to create and fill a full-time Administrative Assistant position at an hourly rate of $16.79, to be placed in Grade 8, as set forth in the Administrative Union Contract, effective August 17, 2009, and BE IT FURTHER RESOLVED, that the position of Deputy Director be hereby abolished effective August 17, 2009. Vote: 5-0. RESOLUTION NO. 267 Motion by Larison, Second by Bleiler. RE: AUTHORIZE ADDENDUM TO THE 2009 CONTRACT WITH TENELEVEN GROUP, INC. TO ALLOW PAYMENT OF SERVER HOSTING CHARGES/AUTHORIZE TRANSFER OF FUNDS – COMMUNITY SERVICES WHEREAS, Community Services is in the process of implementing an Electronic Clinical Record system purchased from TenEleven Group, Inc., and WHEREAS, the transfer of the system to Schuyler County’s server has taken longer than anticipated, requiring extended hosting of the system’s operation on TenEleven Group Inc.’s server, and WHEREAS, there is a cost to TenEleven Group, Inc. for this hosting and both parties agree that compensation to TenEleven Group Inc., is normal and appropriate, and WHEREAS, Federal Salary sharing funds can be used to cover such costs. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes an amendment to the 2009 contract with TenEleven Group, Inc. at a cost of $10,000 to cover costs associated with the server hosting of the Electronic Clinical Record system for the calendar year 2009, subject to the approval of the County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the Community Services budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$10,000 4310.435.4316 Professional Fees – Federal Salary Sharing +$10,000 4310.4490.3416 Federal Salary Sharing Revenue Vote: 5-0. RESOLUTION NO. 268 Motion by Larison, Second by Bleiler. RE: AUTHORIZE DECREASING THE HOURS OF THE FULL-TIME MEDICAL SOCIAL WORKER POSITION - COMMUNITY SERVICES/PUBLIC HEALTH WHEREAS, the Public Health and Community Services Departments have a full time Medical Social Worker position, and PROCEEDINGS OF THE YEAR 2009 103 WHEREAS, the incumbent of this position has requested to return from medical leave for half time in Public Health only, and WHEREAS, the Director of Community Services/Public Health requests that the position be reduced to 17.5 hours per week in the Public Health Department. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorize reducing the hours of the full-time Medical Social Worker position from 35.0 to 17.5 hours per week in Public Health, effective August 17, 2009. Vote: 5-0. RESOLUTION NO. 269 Motion by Bleiler, Second by Field. RE: MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two (2) additional Resolutions be brought to the floor. Vote: 5-0. RESOLUTION NO. 270 Motion by Larison, Second by Field. RE: ACKNOWLEDGE APPOINTMENTS OF VOTING MACHINE CUSTODIAN/INFORMATION TECHNOLOGY SPECIALIST – BOARD OF ELECTIONS BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by the Elections Commissioners of Nicholas Clarke as the County's Voting Machine Custodian/Information Processing Specialist for a term of August 1, 2009 through July 31, 2010, to be paid $20 an hour for election related business, and to be paid $50 per machine for inspections done at the Primary and General Elections, to be funded by the Board of Elections budget, and BE IT FURTHER RESOLVED, that the towns may offer additional compensation. Vote: 5-0. RESOLUTION NO. 271 Motion by Larison, Second by Field. RE: ACCEPT PROPOSAL FROM REACT RECYCLING FOR THE 2009 USED ELECTRONICS RECYCLING DAY WHEREAS, the County has budgeted $250 for a Used Electronics Recycling Day, and WHEREAS, the Planning Office of Cornell Cooperative Extension has issued a Request for Proposals for said program with the approval of the Schuyler County Attorney. NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Planning Office of Cornell Cooperative Extension, and the Schuyler County Legislature hereby accepts the proposal from REACT Recycling, in an amount not to exceed $250.00, with an additional $10.00 fee for console TV’s, for a Used Electronics Recycling Day to be held September 26, 2009, at the Schuyler County Highway Department property, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to execute any and all documents necessary to carryout the above-referenced proposal acceptance; subject to approval of the Schuyler County Attorney. Vote: 5-0. NEW BUSINESS: None UNFINISHED BUSINESS: None REPORT ON STANDING COMMITTEES: Legislator Field reported that there is ongoing activity at SCOPED. There is a lot going on in the community regarding projects and the Industrial Park proposals are gaining steam. He will have more details to report next month. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that the NASCAR race was postponed from yesterday until today. The Emergency Operations Center (EOC) operated an additional day because of this. He would like to see us acknowledge the efforts of the Sheriff’s Department as well as the Emergency Management Director, Bill Kennedy. Some of the Special Detail Deputies from other counties got called back to their own counties because of the storms. A state of emergency had been declared in some of the surrounding counties. We basically were short staffed, but did a great job! Chairman Gifford agreed that the efforts of the pre-planning 104 SCHUYLER COUNTY LEGISLATURE and the scenario type discussions really paid off for this year. He feels they were ready and they do need to give credit where credit is due. He also reported that he will be bringing a Resolution to committee next week regarding funding for the relocation of the Railroad. It is 100% federally funded and it is called the “Tiger Grant”. There is a twenty million dollar floor and they will issue waivers for lesser amounts. He will be working with the Railroad and applying for the funds for transportation infrastructure. The County will need to be the lead agency. A Resolution is not required, but it will strengthen the request. He received Legislative support to proceed. PUBLIC PARTICIPATION: None. The Meeting adjourned at 6:57 P.M. Jamee L. Mack, Deputy Clerk

REGUALR MEETING SEPTEMBER, 14, 2009

The September 14, 2009 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 followed by a moment of Silence. All Legislators were present. County Administrator O’Hearn and County Attorney James Coleman were also present. PUBLIC PARTICIPATAION: None RESOLUTION NO. 272 Motion by Karius, Second by Fagan. RE: APPROVE MINUTES OF THE AUGUST 10, 2009 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the August 10, 2009 Regular Meeting of the Schuyler County Legislature be approved. Vote: 8-0. RESOLUTION NO. 273A Motion by Bleiler, Second by Marcellus. RE: MOTION TO AMEND RESOLUTION NO. 273 TO CLARIFY THE FIFTH WHEREAS CLAUSE WHEREAS, the fifth whereas clause reads that the Steuben County Administrator has affirmed that their County will dedicate $2,500 over a maximum of two years to the grant-required local match funding, and has requested Schuyler County also commit $2,500 to satisfy the total local match of $5,000, and WHEREAS, that whereas clause should add the words up to $2,500. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 273 be amended to read, the Steuben County Administrator has affirmed that their County will dedicate up to $2,500 over a maximum of two years to the grant-required local match funding, and has requested Schuyler County also commit $2,500 to satisfy the total local match of $5,000. DISCUSSION: Administrator O’Hearn suggested the fifth whereas be clarified adding the words up to the amount of $2,500.00. Vote: 8-0. RESOLUTION NO. 273 Motion by Larison, Second by Field. RE: AUTHORIZING THE SUBMISSION OF A JOINT APPLICATION FOR A 2009-2010 NEW YORK STATE LOCAL GOVERNMENT EFFICIENCY (LGE) HIGH PRIORITY PLANNING GRANT FOR THE REGIONAL E-911 PLANNING PROJECT –AS AMENDED WHEREAS, Schuyler County Administrator Timothy M. O’Hearn and Steuben County Administrator Mark R. Alger have been in discussions regarding the potential savings for each from the implementation of a regional approach to E-911 services, and WHEREAS, the Local Government Efficiency grant application requires the designation of a Lead Applicant Contact Person, and WHEREAS, the Steuben County Administrator, has agreed to serve as the Lead Applicant Contact Person responsible for the development and submission of a 2009-2010 New York State Local Government Efficiency grant request in the amount of $50,000 in funding, and PROCEEDINGS OF THE YEAR 2009 105 WHEREAS, the funds received from the proposed LGE grant award for the Regional E-911 Planning Project will be utilized to obtain the services of a professional consultant to explore potential consolidation of certain aspects of E-911 operations, provide critical redundancy and disaster recovery elements, and to recommend changes to increase regional efficiencies within these services, and WHEREAS, the Steuben County Administrator has affirmed that their County will dedicate up to $2,500 over a maximum of two years to the grant-required local match funding, and has requested Schuyler County also commit up to $2,500 to satisfy the total local match of $5,000, and WHEREAS, the Steuben County Administrator has requested that Schuyler County adopt a resolution specifically authorizing Steuben County to submit the proposed application for LGE funding and to identify the County as a municipal co-applicant. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Schuyler County Administrator to participate in the grant and hereby agrees to authorize the Steuben County Administrator to prepare and submit a joint application for LGE funding for the proposed Regional E-911 Planning Project identifying Schuyler County as a co-applicant, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature authorizes the expenditure of $2,500 over two years as the County’s contribution to the grant-required local match, and BE IT FURTHER RESOLVED, that the Legislature authorizes the County Administrator to represent Schuyler County in the negotiation and development of an inter-municipal agreement with Steuben County in which the respective responsibilities of both Counties in the proposed project are specifically identified and defined, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the grant and agreements, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 274 Motion by Larison, Second by Field. RE: AUTHORIZE STOP DWI PLAN FOR 2010 – SHERIFF’S OFFICE 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 the Schuyler County Legislature hereby adopts and approves the 2010 STOP DWI 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: 8-0. RESOLUTION NO. 275 Motion by Larison, Second by Field. RE: AUTHORIZE CONTRACT WITH LISA BAKER OF TIOGA COUNTY PROBATION FOR ASSISTANCE WITH IMPLEMENTING THE FINANCIAL COLLECTION AND DISPERSEMENT ASPECTS OF SCHUYLER COUNTY PROBATIONS CASELOAD EXPLORER PROGRAM - PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department will need assistance implementing the financial collections and dispersing of funds through the electronic case management system Caseload Explorer, and WHEREAS, Lisa Baker of Tioga County has agreed to enter into a contract with Schuyler County Probation at a cost of $450 a day plus additional costs of mileage at $.55 cents a mile to come to the Probation Office and perform this training, and WHEREAS, the contract shall be on an as needed basis as determined by the Schuyler County Probation Director and in coordination with Lisa Baker, and WHEREAS, the amount of the contract shall not exceed $1,500 and shall be valid through the period of August 25, 2009 through August 25, 2010, funding for this service is available through the Schuyler County Probation Departments budget account no. 3140.431. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Lisa Baker to assist the Schuyler County Probation Department in training for recording collections and dispersing of funds through the Caseload Explorer Program with terms as stated above, subject 106 SCHUYLER COUNTY LEGISLATURE to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 276 Motion by Larison, Second by Karius. RE: RESOLUTION SUPPORTING THE FRACTURING RESPONSIBILITY AND AWARENESS OF CHEMICALS (FRAC) ACT WHEREAS, the United States Congress passed the Safe Water Act (42 U.S.C.§ 300h) (SDWA) to assure the protection of the nation’s drinking water sources, and WHEREAS, the United States 11th Circuit Court of Appeals ruled that hydraulic fracturing constituted “underground injection” under the SWDA (Legal Environmental Assistance Foundation v. United State Environmental Protection Agency (EPA), 118 F3d 1467 (11thCir. 1997)), and WHEREAS, the United States Congress, in the energy Policy Act of 2005, explicitly exempted hydraulic fracturing from the provisions of the SWDA, and WHEREAS, hydraulic fracturing of underground geologic formations is often accomplished by injecting a complex mix of fluids and chemicals, along with sand and water, under very high pressure to create fractures in those formations, and WHEREAS, the exemption, over the objections of the health care, environmental and conservation communities, allowed oil and gas companies to use the subject substances without federal oversight or standards, and WHEREAS, the oil and gas industry is not required by federal law to disclose chemical constituents of hydraulic fracturing fluids to public agencies so that this information is publicly available, and WHEREAS, the oil and gas industry remains one of the only industries in the United States that is allowed to inject such chemical constituents adjacent to underground drinking water supplies without federal oversight, and WHEREAS, many residents in New York State, and specifically Schuyler County, rely on ground water-wells or local watersheds for their water supply, and WHEREAS, contamination of those wells and/or watersheds would present great hardships to residents of the County and to public health and the local economy, and WHEREAS, the Fracturing Responsibility and Awareness of Chemicals Act (herein after “FRAC Act”) was introduced during the 111th CONGRESS, 1st Session, “To repeal the exemption for hydraulic fracturing in the Safe Drinking Water Act, and for other purposes,” and WHEREAS, Schuyler County is not opposed to the drilling of oil and gas wells in New York State as long as such drilling is relegated to specific parts of the State, away from New York State and local parks, Federal parks, wildlife refuges, sensitive ecosystems and drinking water sources, and as long as drilling proceeds in a way that would not harm the State’s drinking water, which includes the above mentioned groundwater wells or local watersheds, and WHEREAS, Federal regulation of hydraulic fracturing as underground injection under the SDWA would help ensure that gas drilling could proceed in a way that would protect New York State’s drinking water and its sources. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature declares its support for the Fracturing Responsibility and Awareness of Chemicals Act, which was introduced during the 111th CONGRESS, 1st Session, “To repeal the exemption for hydraulic fracturing in the Safe Drinking Water Act, and for other purposes,” and to require disclosure of chemical constituents and ensure this information is reported to relevant public agencies, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature herby declares its support for the FRAC Act to ensure that basic regulation of the process of hydraulic fracturing under the Safe Drinking Water Act can take place, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby declares its support for the FRAC Act, and urges Congress to pass such legislation, and BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature is to send certified copies of this Resolution to Governor David Paterson, Senator Charles E. Schumer, Senator Kirsten E. PROCEEDINGS OF THE YEAR 2009 107 Gillibrand, Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara, Congressman Eric J. Massa, Congressman Maurice Hinchey, and Lisa P. Jackson, EPA Administrator. Vote: 8-0. DISCUSSION: County Attorney Coleman explained that the article regarding Hydro fracturing being exempt from the Federal Safe Drinking Water Act written by Lee Fuller, was wrong. It contradicted our Resolution. The article is wrong our Resolution is correct. The Clerk said the asterisk and bold text will be stricken from the Resolution. Legislator Marcellus asked that our State Representatives be added to the distribution list. RESOLUTION NO. 277 Motion by Larison, Second by Karius. RE: RECOGNIZE OCTOBER 2009 AS PREVENTION OF DOMESTIC VIOLENCE MONTH – PUBLIC HEALTH WHEREAS, domestic violence is a tragic epidemic that spans cultures and has a devastating effect on countless numbers of women and children, and WHEREAS, the crime of domestic violence violates an individual’s privacy, dignity, security and humanity due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse, and WHEREAS, Prevention of Domestic Violence Month provides an opportunity for residents to learn more about the prevention of domestic violence and to show support for the organizations and individuals who are providing advocacy efforts, services and assistance to domestic violence victims, and WHEREAS, the legacy that victims of domestic violence carry include the need for therapy to help heal the scars, both visible and invisible. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognize October 2009 as Prevention of Domestic Violence Month and urges residents to join in efforts to end this problem, Vote: 8-0. RESOLUTION NO. 278 Motion by Larison, Second by Karius. RE: ACCEPT AND ESTABLISH THE EARLY INTERVENTION GRANT FOR OCTOBER 1, 2009 – SEPTEMBER 30, 2010 – PUBLIC HEALTH WHEREAS, Schuyler County’s annual Early Intervention Grant will be $28,755 for the period of October 1, 2009-September 30, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2009-2010 Early Intervention Grant Budget accordingly in cooperation with Public Health, Vote: 8-0. RESOLUTION NO. 279 Motion by Larison, Second by Yuhasz. RE: ACCEPT AND ESTABLISH THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT FOR OCTOBER 1, 2009 – SEPTEMBER 30, 2010 – PUBLIC HEALTH WHEREAS, Schuyler County’s annual Children with Special Health Care Needs Grant will be $15,818 for the period October 1, 2009 through September 30, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2009-2010 Children with Special Health Care Needs budget accordingly in cooperation with Public Health. Vote: 8-0. RESOLUTION NO. 280 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CREATION AND FILLING OF A PUBLIC HEALTH NURSE POSITION AND ABOLISH THE SENIOR REGISTERED PROFESSIONAL NURSE POSITION – PUBLIC HEALTH WHEREAS, the Public Health Department has a need for a position that requires a high degree of responsibility and the ability to work independently, and WHEREAS, the Public Health Nurse position is involved in the planning, development and evaluation of public health programs, and 108 SCHUYLER COUNTY LEGISLATURE WHEREAS, this position works to improve the health of the community through health education and by providing oversight and evaluation of existing public health and preventive health programs, and WHEREAS, the Public Health Department is anticipating an increase in the integration of nursing services requiring knowledge of epidemiology, community health assessments and the need to provide assistance to the current public health programs, and WHEREAS, the Director of the Public Health Department is requesting to create this position, upon the approval of the County Administrator, and WHEREAS, funding for this position is included in the 2009 budget. NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services and Public Health is hereby authorized to create and fill a full time Public Health Nurse position in the Public Health Department, at Grade 13 at an hourly rate of $23.64, effective immediately, and BE IT FURTHER RESOLVED, that said Senior Registered Professional Nurse position be abolished effective immediately. Vote: 8-0. RESOLUTION NO. 281 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AMENDMENT TO THE 2009 BUDGET FOR THE PRESCHOOL SPECIAL EDUCATION PROGRAM – PUBLIC HEALTH WHEREAS, the Preschool Special Education Program has had an increase in the number of children attending Special Education Programs, for whom the payment of tuition, transportation and authorized services is mandated, and WHEREAS, the cost of the tuition and the amount of all reimbursements are set by the New York State Department of Education and are projected to be in the amount of $297,000, and WHEREAS, the revenue reimbursement falls short of what is expected to be expended in 2009 and funds from the Contingency account are required. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2009 Preschool Special Education budget as follows utilizing $68,800 ($40,800 for Preschool Program & Services and $28,000 for Transportation Services) from the Contingency account no. 1990.500: AMOUNT ACCOUNT NO. DESCRIPTION +$227,000 2960.400 Contractual Expense +$ 70,000 2960.440 Transportation +$228,200 2960-3277 Revenue Vote: 8-0. RESOLUTION NO. 282 Motion by Larison, Second by Marcellus. RE: AUTHORIZE DISTRIBUTION OF FEDERAL SALARY SHARING FUNDS AND AUTHORIZE AMENDING THE 2009 BUDGET – COMMUNITY SERVICES WHEREAS, the New York State Office of Mental Health is prepared to reimburse counties for Federal Salary Sharing claims not previously distributed, and WHEREAS, the Schuyler County Community Services Department plans to request the distribution of Federal Salary Sharing funds in 2009, at no local cost. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2009 Community Services budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$95,000 4310.435-4316 Professional Fees +$95,000 4310.4490-4316 Federal Salary Sharing Revenue Vote: 8-0. RESOLUTION NO. 283 Motion by Larison, Second by Marcellus. RE: AUTHORIZE 2009 CONTRACT AMENDMENT WITH THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES – COMMUNITY SERVICES WHEREAS, the Community Services Department currently has a 2009 contract with the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes (Council on Alcoholism) in the amount of $197,761, and PROCEEDINGS OF THE YEAR 2009 109 WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has issued a revised State Aid letter, authorizing funding to the Council on Alcoholism in the amount of $199,306. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the 2009 contract with the Council on Alcoholism for alcoholism and substance abuse prevention services, increasing the amount of the contract by $1,545 to an amount not to exceed $199,306, subject to the approval of the County Attorney. Vote: 8-0. RESOLUTION NO. 284 Motion by Larison, Second by Marcellus. RE: AUTHORIZE 2009 CONTRACT AMENDMENT WITH FINGER LAKES ADDICTIONS AND COUNSELING REFERRAL AGENCY (FLACRA) – COMMUNITY SERVICES WHEREAS, the Community Services Department currently has a 2009 contract with FLACRA in the amount of $89,899, and WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has issued a revised State Aid letter authorizing funding to FLACRA in the amount of $90,047. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the 2009 contract with FLACRA for alcoholism and substance abuse treatment services, increasing the amount of the contract by $148 to an amount not to exceed $90,047, subject to the approval of the County Attorney. Vote: 8-0. RESOLUTION NO. 285 Motion by Larison, Second by Karius. RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING TO RECEIVE MEDICARE IMPROVEMENTS FOR PATIENTS AND PROVIDERS ACT (MIPPA) FUNDING– OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging has a Health Insurance Information Counseling and Assistance Program (HIICAP), and WHEREAS, the HIICAP program offers information and assistance regarding Medicare, Medicaid and other health insurance issues, and WHEREAS, on July 15, 2008, the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) was approved by Congress and became law, and WHEREAS, Section 119 of this legislation provides for beneficiary outreach and includes funding for Area Agency on Aging designees along with other entities to reach Medicare beneficiaries likely to be eligible for the Medicare Part D Low-Income Subsidy (LIS) Program or Medicare Savings Program (MSP), and WHEREAS, funding is also provided for direct application assistance to these beneficiaries with an emphasis on Medicare Part D outreach to rural areas of our state, and WHEREAS, the Schuyler County Office for the Aging has been allocated the sum of $6,000 to provide outreach and application assistance for MIPPA under the HIICAP program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all agreements with the New York State Office for the Aging to implement the MIPPA program under the existing HIICAP program in the amount of $6,000, effective immediately through May 31, 2010, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 286 Motion by Larison, Second by Karius. RE: AUTHORIZE COMMUNICATION CABLE EASEMENT AGREEMENT WITH VERIZON – BUILDINGS AND GROUNDS WHEREAS, the new Shared Public Works Facility at 910 South Decatur Street requires phone service for which Verizon is willing to install land lines at no cost, and WHEREAS, Verizon requires a Communication Cable Easement agreement before installation. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an agreement with Verizon for a cable easement at no cost, subject to approval of the Schuyler County Attorney. Vote: 8-0. 110 SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 287 Motion by Larison, Second by Karius. RE: AUTHORIZE DECLARING A 2003 DODGE RAM TRUCK SURPLUS AND SELLING IT TO THE TOWN OF MONTOUR – HIGHWAY DEPARTMENT WHEREAS, Central Garage purchased a 2003 Dodge Ram pickup truck, and WHEREAS, this vehicle was declared surplus by Resolution No. 191-09 to be sold at auction, and WHEREAS, the Town of Montour has expressed a need for this truck and has offered to purchase it for $9,500, and WHEREAS, no other municipality is interested in purchasing the truck. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said truck as surplus, and BE IT FURTHER RESOLVED, that the truck be sold to the Town of Montour for the sum of $9,500. Vote: 8-0. RESOLUTION NO. 288 Motion by Larison, Second by Fagan. RE: AUTHORIZE AMENDING RESOLUTION NO. 256-09 TITLED “AUTHORIZE TRANSFER OF FUNDS FOR BRIDGE REPAIR WORK IN THE 2009 COUNTY ROAD FUND BUDGET – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 256-09 authorized a transfer from the Limestone 5110.512 account in the amount of $2,161.00 into the Contractual 5020.400 account, and WHEREAS, the amount transferred was short in the amount of $600.00. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 256-09 be amended to correct the amount to be $2,761.00, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is authorized to transfer an additional $600.00 as follows: AMOUNT ACCOUNT NO. DESCRIPTION -$600.00 5110.512 Limestone +$600.00 5020.400 Contractual Vote: 8-0. RESOLUTION NO. 289 Motion by Larison, Second by Fagan. RE: ACCEPT/REJECT BIDS FOR CONSTRUCTION OF VAN ZANDT HOLLOW BRIDGE REPLACEMENT - HIGHWAY WHEREAS, Resolution No. 221-09 authorized the advertising for bids for construction of the VanZandt Hollow Bridge Replacement, and WHEREAS, bids were opened on September 10, 2009 and reviewed with the recommendation being made by HUNT Engineers to accept the low bid from Silverline Construction. NOW THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following low bid from Silverline Construction, for the VanZandt Hollow Bridge Replacement at the low bid price of $ 573,444.00, and WHEREAS, there needs to be an amendment to the County Road Fund budget for these funds, including taking $400,000 from County Road Fund Balance. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer amend the 2009 County Road Fund for the expense and revenue: COUNTY ROAD AMOUNT ACCOUNT NO. DESCRIPTION +$ 573,444 5120.570 BRIDGES -$ 17,296 5112.583 CR 19 -$156,148 5112.595 CR 14 & CR 4 +$400,000 002.5031 Interfund Transfer BE IT ALSO RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Silverline Construction, subject to approval of the Schuyler County Attorney. BE IT ALSO FURTHER RESOLVED that the other bids be rejected, with a note of appreciation for their participation. PROCEEDINGS OF THE YEAR 2009 111 Vote: 8-0. DISCUSSION: Legislator Fagan asked if this was the low bid. Administrator O’Hearn said yes. Legislator Fagan asked if it is in the budget. O’Hearn said this was not anticipated, it has been Red Flagged by the State and needs to be repaired. The Highway Department has shifted their priorities to allow for this repair. Legislator Fagan then asked if there was any State aide associated with it. O’Hearn said no, it is all local share. RESOLUTION NO. 290 Motion by Larison, Second by Fagan. RE: RECOGNITION OF OCTOBER 19-25, 2009 AS “DRUG-FREE WORKWEEK” – HUMAN RESOURCES WHEREAS, the U.S. Department of Labor has declared October 19-25, 2009 as National Drug Free Work Week and encourages employers and workers across the nation to participate, and WHEREAS, the purpose of Drug-Free Work Week is to highlight the fact that being drug free is key to protecting workplace safety and health and to encourage workers with alcohol and drug problems to seek help. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes October 19-25, 2009 as Drug-Free Work Week in Schuyler County, and BE IT FURTHER RESOLVED, that all employers and employees throughout Schuyler County are encouraged to participate, and BE IT FURTHER RESOLVED, that all Schuyler County employees are encouraged to take part in any Working Drug-Free Works activities planned by Schuyler County. Vote: 8-0. RESOLUTION NO. 291 Motion by Fagan, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS – HUMAN RESOURCES WHEREAS, there were significant unanticipated expenses involving labor counsel which have caused the 2009 Human Resources Department budget to be depleted. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $25,000.00 from Contingency account no. 1990.500 to Human Resources account no. 1430.435- Professional Fees/Services. Vote: 8-0. RESOLUTION NO. 292 Motion by Fagan, Second by Bleiler. RE: RECOGNIZE OCTOBER 18-24, 2009 AS “NATIONAL SAVE FOR RETIREMENT WEEK” – HUMAN RESOURCES WHEREAS, “National Save for Retirement Week “is the first congressional and State endorsed event formally calling on employers to promote the benefits of saving for retirement, and encouraging employee to take full advantage of employer-sponsored programs, and WHEREAS, research has shown that nearly half of all workers in the United State have less than $25,000 in total savings. Even more startling is the fact that slightly more than one in five workers say they have no savings of any kind, and WHEREAS, with longer life expectancies and rising costs, it is critical that Americans understand the importance of savings – now. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes the week of October 18-24, 2009 as “National Save for Retirement Week”, and encourages its employees to participate in any activities planned by Schuyler County. Vote: 8-0. RESOLUTION NO. 293 Motion by Fagan, Second by Bleiler. RE: ACCEPT REQUEST FOR PROPOSAL FROM CIASCHI, DIETERSHAGEN, MICKELSON & CO, LLP FOR 2010, 2011 AND 2012 AUDITING SERVICES – TREASURER’S OFFICE WHEREAS, Requests for Proposals for Auditing Services for the years 2009, 2010 and 2011 where received on July, 31, 2009, and WHEREAS, said proposals have been reviewed by the Management and Finance Committee, and WHEREAS, it is the recommendation of the Management and Finance Committee that the Request for Proposal be awarded to Ciaschi, Dietershagen, Little, Mickelson & Co, LLP. 112 SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is authorized to sign a three-year agreement with Ciaschi, Dietershagen, Little, Mickelson & Co., LLP for auditing services to audit the years 2009 in the amount of $66,000.00, 2010 in the amount of $67,000.00 and 2011 in the amount of $68,000.00, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that a letter of appreciation be sent to Toski, Schaefer & Co. for their participation. Vote: 8-0. RESOLUTION NO. 294 Motion by Fagan, Second by Field. RE: AUTHORIZE AGREEMENT WITH KAREN W. ALLEN FOR ELECTION TRAINING SERVICES – BOARD OF ELECTIONS WHEREAS, the Board of Elections currently has a Federal Grant from HAVA funds for Voter Education, and WHEREAS, receipt of these funds is contingent upon educating the public on the new voting machines prior to the 2009 General Election to be held on November 3, 2009, and WHEREAS, Karen W. Allen has trained as an Election Inspector on the new machines and is familiar with their operation and is also a career program coordinator, and WHEREAS, the Board of Elections is looking for someone to coordinate the program and go out to the public with the machine and do the training, and WHEREAS, Karen W. Allen has the qualifications to do this and is willing to do it at the rate of $15.00 per hour plus mileage, at a total of approximately 300 hours, some of which will be reimbursed by grant monies. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is hereby authorized to sign an agreement with Karen W. Allen for the Board of Elections for Program Coordinator services for the Voter Education Program, at a rate of $15.00 per hour, plus mileage to be paid at the County’s reimbursement rate, effective August 15, 2009 through December 31, 2009, funding available through a federal grant in the amount of $7,000, with the County paying any costs not covered by grant funds; subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 295 Motion by Fagan, Second by Field. RE: AUTHORIZING AN AGREEMENT WITH DANIEL F. BIZZELL/ASSOCIATED APPRAISAL SERVICES, INC FOR TWO APPRAISALS OF PROPERTY AT A COST OF $250.00 EACH – REAL PROPERTY TAX WHEREAS, the county is in need of appraisal services to determine the fair market value of two properties, tax map number 65.13-4-48 at 110 Tenth Street in the Village of Watkins Glen, and 63.00-3-17.2 at 2358-2962 VanZandt Hollow Road in the Town of Dix. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Associated Appraisal Services, Inc. (Daniel F. Bizzell) for the Real Property Tax Service Agency for appraisals to be conducted on these two properties in an amount not to exceed $500, funding available in the 2009 Real Property Tax budget account no. 1355.400 subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 296 Motion by Fagan, Second by Field. RE: AUTHORIZE CHANGE ORDER #GC-005 WITH WELLIVER-MCGUIRE, INC. FOR THE GENERAL CONTRACTOR PORTION OF THE SHARED PUBLIC WORKS FACILITY – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 472-08 authorized a contract with Welliver-McGuire, Inc., for the General Contractor Portion of the Share Public Works Facility, and WHEREAS, Resolution No. 200-09 authorized Change Order #GC-001 in the amount of $2,889 with Welliver-McGuire, Inc. for trenching inside the building with conduit and backfill and site lighting stub ups, and PROCEEDINGS OF THE YEAR 2009 113 WHEREAS, Resolution No. 200-09 authorized Change Order #GC-002 in the amount of $3,780 with Welliver-McGuire, Inc. for change in vapor retarder and gutter and downspout revisions, and WHEREAS, Resolution No. 200-09 authorized Change Order #GC-003 in the amount of $2,675 with Welliver-McGuire, Inc. for various changes in the sewer and water service, and WHEREAS, Resolution No. 200-09 authorized Change Order #GC-004 in the amount of $2,710.05 with Welliver-McGuire, Inc. for additional oil separator risers and riser plates, and WHEREAS, additional gas line extension work is required at west side of the building, and WHEREAS, the Building Maintenance Supervisor has reviewed the referenced changes and recommends authorization thereof as follows: Original Contract Amount $1,897,000.00 Net Change by Previously Authorized Change Orders $ 12,054.05 Contract Amount Prior to this Change Order #GC-005 $1,909,054.05 Amount Contract will Increase by Change Order #GC-005 $ 6,026.24 New Total Contract Amount $1,915,080.29 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign Change Order #GC-005 at a cost of $6,026.24 with Welliver-McGuire, Inc., to be funded from the Capital Reserve account no. 004.1620.211, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 297 Motion by Fagan, Second by Larison. RE: SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE” AND AUCTIONEER AGREEMENT – TREASURER’S OFFICE WHEREAS, final Judgment of Foreclosure in the pending tax foreclosure proceeding has been received by the County Attorney’s Office pursuant to Article 11 of the Real Property Tax Law, and WHEREAS, it is necessary to set a tax auction sale date 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 has set Saturday, October 17, 2009 as a tax auction sale date, 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 Notice to Vacate be sent by registered mail to the most recent owners of record as shown in the property description, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the agreement with David A. Matson for auctioneer services for the year 2009, at a cost of 6% of the sale; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 298 Motion by Fagan, Second by Larison. RE: AUTHORIZE THE CREATION AND FILLING OF A PROBATION OFFICER TRAINEE POSITION - PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department has the need to replace a Probation Officer position, and WHEREAS, the Probation Director would like to be able to fill this position with either a Probation Officer or a Probation Officer Trainee, and WHEREAS, a Probation Officer Trainee position does not currently exist and it would be in the best interest to the Department to create a trainee position so it may be filled with the most qualified candidate whether it be an applicant who qualifies as a Probation Officer or a trainee, and WHEREAS, the Probation Director is requesting to create this position, upon the approval of the County Administrator, and 114 SCHUYLER COUNTY LEGISLATURE WHEREAS, it is further understood that the Probation Director will only hire one eligible applicant to fill one position, and WHEREAS, funding for this position is included in the 2009 budget. NOW, THEREFORE, BE IT RESOLVED, that the Probation Director is hereby authorized to create and fill the Probation Officer Trainee position at an hourly rate of $16.79, to be placed in Grade Level 8, as set forth in the CSEA Administrative Unit Contract, effective immediately. Vote: 8-0. RESOLUTION NO. 299 Motion by Fagan, Second by Larison. RE: ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS – BOARD OF ELECTIONS WHEREAS, after completing the necessary training and upon certification the Schuyler County Board of Election Commissioners have made a recommendation of 2 individuals to be appointed as Democratic election inspectors. WHEREAS, Julia Smith & William McNamara have resigned as Election Inspectors effective as of September, 10, 2009 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment of Patricia L. Butler and Edythe J. Jones as Schuyler County Election Inspectors for a one year term commencing July 15, 2009 through July 14, 2010. BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment of Jessica Orbin as a Democratic Party Inspector and Maureen Colunio as a Republican Party Inspector effective September 10, 2009 through July 14, 2010. Vote: 8-0. RESOLUTION NO. 300 Motion by Fagan, Second Field. RE: AUTHORIZE TRANSFER OF FUNDS – CORONER WHEREAS, there were significant unanticipated expenses involving accidental deaths requiring numerous autopsy expenses which have caused the 2009 Coroner’s budget to be depleted. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $3000.00 from Contingency account no. 1990.500 to the Coroner account no. 1185.400-Contractual. Vote: 8-0. RESOLUTION NO. 301 Motion by Fagan, Second by Field. RE: AUTHORIZE CONTRACT WITH JEFF’S SEPTIC& PORTABLE TOILET RENTAL, INC. FOR SERVICES AT THE SCHUYLER COUNTY DOG SHELTER - SHERIFF’S OFFICE WHEREAS, the contract with FOSCAS for management of the Dog Shelter expired on August 31, 2009, and WHEREAS, the waste holding tank at the Dog Shelter requires regular pumping and removal of waste, and WHEREAS, because there are no sanitary facilities at the Dog Shelter, there is also a need for a portable toilets, and WHEREAS, the County Sheriff’s Department is now responsible for utilities and maintenance costs at the Dog Shelter. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a contract with Jeff’s Septic & Portable Toilet Rentals, Inc. for services at the Schuyler County Dog Shelter at a cost of $150 for pumping services and $65 a month for the portable toilet , for a term of August 1, 2009 through December 31, 2010, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 302 Motin by Larison, Second by Field. RE: MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two (2) additional Resolutions be brought to the floor. Vote: 8-0. RESOLUTION NO. 303 Motion by Fagan, Second by Bleiler. PROCEEDINGS OF THE YEAR 2009 115 RE: RECOGNIZE THE GOVERNOR’S PROCLAIMATION OF OCTOBER 2009 AS THE MONTH OF THE YOUNG ADOLESCENT WHEREAS, the transitional early adolescent years, from ages 10 to 14, represent the distinct development stage between childhood and full adolescence, when youth begin to experience more extension physical, mental, social, moral, and emotional changes than at any other time in life – with the possible exception of infancy, and WHEREAS, the New York State Education Department recognizes early adolescence as a period in the lives of our youth that requires developmentally responsive programs and practices, and WHEREAS, the New York State School Association is committed to creating, promoting and supporting effective middle-level programs that are academically rigorous and developmentally appropriate, and WHEREAS, the social and moral values and the personal attitudes young adolescents develop during these formative years largely determine their lifelong behavior, and WHEREAS, the experiences of young adolescents during this period directly impact their future plans for graduation and lifelong learning, and the knowledge and cognitive skills young adolescents develop during these formative years largely affect their performance in high school and success throughout their adult life and in their chosen careers, and WHEREAS, parents continue to serve as the primary role models and sources of guidance, influence and direction in the lives of youth, even as young adolescents give increased attention to their friends and peers in school, and WHEREAS, our communities also serve as “classrooms” where young adolescents can derive valuable knowledge and learn important lessons by participating in civic life, joining community organizations, and interacting with responsible caring adults who reflect positive lifestyles and examples of good citizenship, and WHEREAS, an extensive amount of information and research about this important age group currently exists and such valuable sources of insight into the development of young adolescents should be made available to parents, educators, teen organizations and the greater public so as to promote greater understanding and awareness of the unique concerns, vulnerabilities and sensitivities that affect this young sector of the population, as we all care about our youth and strive to ensure their safety, well-being and growth into sound adults and productive members of society. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby recognize Governor Paterson’s proclamation of October 2009 as The Month of the Young Adolescent. Vote: 8-0. RESOLUTION NO. 304 Motion by Fagan, Second by Bleiler. 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 OF CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS AND AMUSEMENT CHARGES, 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, 2011, 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, 2011, 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 116 SCHUYLER COUNTY LEGISLATURE 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, 2011, the tax shall be at the rate of four percent, and on and after December 1, 2011, 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, 2011, the tax shall be at the rate of four percent, and on and after December 1, 2011, 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, 2011, the tax shall be at the rate of four percent, and on and after December 1, 2011, 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 PROCEEDINGS OF THE YEAR 2009 117 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, 2011, the tax shall be at the rate of four percent, and on and after December 1, 2011, 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, 2011, the tax shall be at the rate of four percent, and on and after December 1, 2011, 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, 2011, the tax shall be at the rate of four percent, and on and after December 1, 2011, 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, 2011, the tax shall be at the rate of four percent, and on and after December 1, 2011, 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, 2011. SECTION 5. Paragraph (B) of subdivision (1) of section 11 of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: (B) With respect to the additional tax of one percent imposed for the period beginning March 1, 2000, and ending November 30, 2011, 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: 118 SCHUYLER COUNTY LEGISLATURE (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, 2011, are set aside for County purposes and shall be available for any County purpose. SECTION 7. This enactment shall take effect December 1, 2009. Vote: 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: Legislator Bleiler brought up the letter each of them received for a senator regarding the Constitution Convention. There was much discussion and it was decided that it would be brought up later at possibly a Management & Finance Committee meeting for discussion. REPORT ON STANDING COMMITTEES: Legislator Marcellus commended SCOPED for their success and diligence towards the Restore New York Funds coming through, the Rural Urban Center being refurbished, the Waterfront development and the railroad project. COUNTY ADMINISTRATOR’S REPORT: Nothing new to report. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:10 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

REGUALR MEETING OCTOBER 13, 2009

The October 13, 2009 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler followed by a moment of silence. All Legislators were present. County Administrator O’Hearn and County Attorney James Coleman were also present. PUBLIC PARTICIPATION: None RESOLUTION NO. 305 Motion by Karius, Second by Larison. RE: APPROVE MINUTES OF THE SEPTEMBER 14, 2009 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the September 14, 2009 Regular Meeting of the Schuyler County Legislature be approved. Vote: 8-0. RESOLUTION NO. 306 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE APPLICATION FOR THE 2009 FIRE PREVENTION AND SAFETY GRANT – EMERGENCY MANAGEMENT WHEREAS, Department of Homeland Security has offered a competitive grant, under the Assistance to Firefighters Grants (AFG) program, and WHEREAS, the Emergency Management Office wishes to apply for Fire Prevention and Safety Grant (FP&S) in an amount of approximately $85,000.00 to support the Fire Investigation Team and Fire Prevention program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the 2009 Fire Prevention and Safety Grant, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 307 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE GRANT APPLICATION FOR A STATE HOMELAND SECURITY PROGRAM FOR EMERGENCY MANAGEMENT, A STATE LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM FOR THE SHERIFF’S DEPARTMENT AND A LOCAL HEALTH DEPARTMENT PROCEEDINGS OF THE YEAR 2009 119 PROGRAM GRANT FOR THE PUBLIC HEALTH DEPARTMENT WHEREAS, the New York State (NYS) Office of Homeland Security offered counties money for Homeland Security Preparedness, and WHEREAS, the Emergency Management Office wishes to apply for $53,972 under the State Homeland Security Program, and WHEREAS, the Sheriff’s Department wishes to apply for $27,250 under the State Law Enforcement Terrorism Prevention Program, and WHEREAS, the Public Health Department wishes to apply for $27,778 under the State Local Health Department Program, and WHEREAS, these grants are 100% funded with no local match required. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the following grants listed above, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 308 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE APPLICATION FOR REIMBURSEMENT OF ELIGIBLE COSTS ASSOCIATED WITH WIRELESS E-911 SERVICES – EMERGENCY MANAGEMENT WHEREAS, the Department of State has determined county funding for the Wireless 911 Program with eligible reimbursement for Schuyler County in the amount of $10,443.00 for State Fiscal Years 2009-2010 budget for costs incurred between April 1, 2009 through March 31, 2012, 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 Wireless E-911 Program, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 309 Motion by Larison, Second by Marcellus. RE: AUTHORIZE TRANSFER OF FUNDS FOR INMATE EXPENSES – SHERIFF’S OFFICE WHEREAS, there were significant unanticipated expenses involving boarding female inmates out to other correctional facilities which have caused the 2009 Sheriff’s Office budget to be depleted. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $20,000.00 from Contingency account no. 1990.500 to Jail account no. 3150.0456-Board Male and Female Prisoners. Vote: 8-0. RESOLUTION NO. 310 Motion by Larison, Second by Marcellus. RE: AUTHORIZE TRANSFER OF FUNDS FOR DOG SHELTER EXPENSES – SHERIFF’S OFFICE WHEREAS, since the transfer of operating the dog shelter from FOSCAS to the Humane Society of Schuyler County, the Schuyler County Sheriff’s Office has taken on the expenses for maintenance and utilities at the dog shelter, and WHEREAS, the cost associated with maintenance and utilities was not included in the 2009 budget for animal control, and WHEREAS, funds are needed for the remainder of 2009 for these costs, and WHEREAS, said funds are available in the Car Operation and Expense Account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $10,000 from account no. 3110.444-Car Operation and Expenses to account no. 3510.400-Contractual Expenses. Vote: 8-0. RESOLUTION NO. 311 Motion by Larison, Second by Marcellus. RE: AUTHORIZE 2009-2010 SNOWMOBILE GRANT APPLICATION – SOIL & WATER CONSERVATION WHEREAS, four local Snowmobile Clubs in the county wish to use the Schuyler County Government as their authorized local sponsor for their grants, and 120 SCHUYLER COUNTY LEGISLATURE WHEREAS, the Soil and Water Conservation District 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 Soil and Water Conservation District Office, and WHEREAS, the Department of Environmental Conservation (DEC) will issue 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 pursuit of Snowmobile Trails Grant funds, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the 2009-2010 grant application and contract; subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 312 Motion by Larison, Second by Bleiler. RE: AUTHORIZE GRANT ACCEPTENCE AND RENEWAL FOR A PARTNERSHIP FOR YOUTH (APY) ALIGNING THE YOUTH DEVELOPMENT & WORKFORCE DEVELOPMENT SYSTEMS GRANT – YOUTH BUREAU WHEREAS, The Youth Bureau in collaboration with the Chemung County Youth Bureau, Catholic Charities of Schuyler County, Catholic Charities of Chemung County, Pro Action of Steuben &Yates County, Inc., and Workforce New York is filling an employment gap with youth specially challenged and considered difficult to serve, and WHEREAS, this is the fourth year of the grant, it is offered to Youth Bureaus only and they must collaborate with existing Workforce Investment Act Programs, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the $116,900 allocation for the program with up to 5% of the grant to be designated for administrative responsibility, and WHEREAS, the Youth Bureau will contract with ProAction and Catholic Charities to provide the WIA program aspects and Workforce New York for the program monitoring, and WHEREAS, the Youth Bureau has been designated to provide the youth development aspects for the programs and youth. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for the APY Grant funding and any subsequent contracts, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 313 Motion by Larison, Second by Bleiler. RE: AUTHORIZE CONTRACT WITH CHEMUNG SCHUYLER STEUBEN WORKFORCE NEW YORK – YOUTH BUREAU WHEREAS, CSS Workforce is receiving stimulus money from the Federal Government for expansion of the WIA program and is offering the Youth Bureau a grant for $38,000, and WHEREAS, the Youth Bureau is the lead agency for the APY grant which is a WIA program and contracts with ProAction and Catholic Charities currently for the delivery of this program and they are willing to increase their capacity to support this grant, and WHEREAS, an additional $38,000 will be given to this program through CSS Workforce with no local share. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with ProAction and Catholic Charities for the Youth Bureau for employment services for the term August 15, 2009 through June 30, 2010 and authorize the Treasurer to set up the grant account, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 314 Motion by Larison, Second by Bleiler. RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Ryan Albro to the Schuyler County Youth Board for the term January 1, 2009 through December 31, 2009. PROCEEDINGS OF THE YEAR 2009 121 Vote: 8-0. RESOLUTION NO. 315 Motion by Larison, Second by Yuhasz. RE: RECOGNIZE NOVEMBER 19, 2009 AS THE GREAT AMERICAN SMOKEOUT DAY – PUBLIC HEALTH WHEREAS, secondhand smoke causes between 35,000 and 40,000 deaths from heart disease every year, and WHEREAS, 3000 otherwise healthy nonsmokers will die of lung cancer annually because of their exposure to secondhand smoke, and WHEREAS, these deaths occur because tobacco users are not the only ones who breathe smoke, all the people around them inhale it too, and WHEREAS, unfortunately, non-smoking and ventilated public spaces cannot filter or circulate air at the rate necessary to eliminate secondhand smoke. NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Legislature recognizes November 19, 2009 as the Great American Smokeout Day and encourages residents to stop smoking for one day. Vote: 8-0. RESOLUTION NO. 316 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT AMENDMENT WITH CATHOLIC CHARITIES OF CHEMUNG/SCHUYLER COUNTIES AND AUTHORIZE AMENDING THE 2009 BUDGET – COMMUNITY SERVICES WHEREAS, the Community Services Department currently has a contract with Catholic Charities of Chemung/ Schuyler Counties, and WHEREAS, the New York State Office of Mental Health (OMH) has issued a revised State Aid letter, increasing funding to Catholic Charities of Chemung/Schuyler Counties by $133.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the contract with Catholic Charities of Chemung/Schuyler Counties, increasing the amount of the contract by $133.00 to an amount not to exceed $17,040, subject to the approval of the County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2009 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$133.00 4310.435 Professional Fees +$133.00 4310-3490 State Aid – Mental Health Vote: 8-0. RESOLUTION NO. 317 Motion by Larison, Second by Yuhasz. RE: ACCEPT AND ESTABLISH THE HEALTHY COMMUNITIES CAPACITY BUILDING INITIATIVE (OBESITY) GRANT – PUBLIC HEALTH WHEREAS, the Public Health Department has received a grant from the Healthy Communities Capacity Building Initiative (Obesity) in the amount of $34,000.00, and WHEREAS, the grant will be for the period August 1, 2009 through March 31, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the grant, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be directed to establish the Healthy Communities Capacity Building Initiative (Obesity) Grant, in cooperation with the Public Health Department. Vote: 8-0. RESOLUTION NO. 318 Motion by Karius, Second by Larison. RE: RECOGNIZE NOVEMBER 2009 AS NATIONAL DIABETES MONTH – SCHUYLER COALIITION FOR AWARENESS, MANAGEMENT AND PREVENTION OF DIABETES (SCAMP-D) WHEREAS, nearly 24 million Americans have diabetes and another 41 million Americans are at risk of developing diabetes, diabetes is a chronic, debilitating and costly disease, and WHEREAS, the current statistics reveal that 23.6 million children and adults in the United States are living with diabetes, and the numbers are increasing annually, and 122 SCHUYLER COUNTY LEGISLATURE WHEREAS, diabetes is associated with an increased risk for a number of serious and sometimes life- threatening complications, and WHEREAS, Americans spend billions of dollars on diabetes care, testing and management each year, and WHEREAS, the key to early diagnosis and treatment, as well as prevention of diabetes and its complications, is awareness and education, and WHEREAS, diabetes is among the leading causes of death in the United States, and WHEREAS, the symptoms of diabetes include frequent urination, excessive thirst, extreme hunger, unusual weight loss, increased fatigue, irritability and blurry vision. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes November 2009 as National Diabetes Month and encourages all residents to be aware of the symptoms of diabetes and to work to maintain one’s health by participating in diabetes screening, reading material relevant to the disease, gain an awareness of the risk and participate in physical activities and healthy eating. Vote: 8-0. RESOLUTION NO. 319 Motion by Karius, Second by Larison. RE: RESOLUTION REFLECTING THE SENSE OF THIS BODY THAT SCHUYLER COUNTY’S OWNERSHIP INTEREST IN THE WESTERN REGIONAL OFF-TRACK BETTING CORPORATION MUST BE PROTECTED WHEREAS, it is today widely acknowledged that New York State and its municipalities, including the County of Schuyler, are facing substantial financial and budgetary challenges brought on by the current recession, and WHEREAS, state-wide for over the past 30 years, 43 participating counties and municipalities have received more than $3 billion in revenues as their return on their collective investment as the “stockholders” in respective New York off-track betting corporations, and WHEREAS, the Western Regional Off-Track Betting Corporation (“WESTERN”) has itself in its 34 years of existence distributed immense sums to its statutory beneficiaries in pursuit of its charge by the State Legislature to support New York racing and provide reasonable revenues for State and Local Government.: $321 million commissions to race tracks in New York $203 million to its participating municipalities $93 million to the State of New York $34 million to the Breeders’ Fund $57 million to the New York State Lottery since May, 2005, and WHEREAS, Western provides over 600 full and part-time jobs for the community at its branches and the Batavia Downs complex while pumping additional millions in indirect revenue to agribusinesses in Western New York, and WHEREAS, Schuyler County is a participating owner of Western, having joined in 1976 without any requirement of an initial capital investment or loan, but has realized shareholder dividends since joining Western of $856,233 in the form of operating and surcharge profits through 2008, and WHEREAS, Schuyler County employs its profits from Western to help offset the rising rate of property taxes, for special education, address the rising costs of Medicaid, retirement and health insurance, and to assist other important County-funded programs, and WHEREAS, Western is a public benefit corporation created by statute in 1974 that is unique in off-track betting corporations in that it not only operates a retail branch business with over 30 branches facilities spread over its 15 county area but owns and operates Batavia Downs Racetrack with live racing, inter-track wagering, and since 2005, video lottery gaming, and WHEREAS, we are well satisfied, and our confidence is justified by a the preliminary findings of a recent audit of Western by the New York State Comptroller’s Office, that Western’s Board of Directors and the corporation’s experienced management have taken the necessary steps to reduce expenses and implement other economies to react appropriately to the nationwide trend of the decline of betting handle, the recent downturn in PROCEEDINGS OF THE YEAR 2009 123 the Country’s economy and by State Legislation’s steady drain of Western’s gross revenues to other segments of the New York racing industry and the State’s bureaucratic oversight of racing and wagering, and WHEREAS, the State’s Governor has appointed a commission, “The Task Force on the Future of Off- Track Betting in New York State”, to investigate and make recommendations as to the efficiency of these regional corporations and consider their consolidation under one authority, and WHEREAS, the State law that created this Task Force obligates it to consult with, among others, local Governments regarding this matter and indeed the Task Force in communications with Schuyler County officials has stated that: “The emphasis of the Task Force is focused on the off-track betting system’s ability to raise revenues for State and local Governments as well as strengthen the racing and breeding industries in New York. Your input in this matter is therefore requested.”, and WHEREAS, industry pundits have openly speculated that the Task Force’s recommendations are pre- ordained and, if adopted, will ultimately result in these regional corporations like Western being effectively dissolved and their franchise, and most importantly their revenue-generating assets, given to the New York Racing Association or taken by the State itself, neither of which have shown any recent success in their own business management in or out of racing or, in the latter case, operating a pari-mutuel off-track betting system, and WHEREAS, such predictions portend the loss to Schuyler County of not only the annual revenues generated by Western but the stripping it of its ownership interest in Western’s real property, that represents our County’s reinvestment in Western, and that has been professionally appraised at over Fifty Eight Million ($58,000,000) Dollars, of which Schuyler County’s shareholder interest is .69% or $404,168.52, and WHEREAS, because of this ownership interest, counties and municipalities who are participating members in Western are more than just disinterested observers of any recommendation by the Task Force which affects the structure of Off-Track Betting and horse racing in New York State, and WHEREAS, any such negative impact on the financial and operational relationship that Schuyler County has with Western Regional Off-Track Betting Corporation would negatively affect Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports Western Regional Off-Track Betting Corporation and its continued efforts to increase revenue for its participating member, and BE IT FURTHER RESOLVED, that Schuyler County, a member of Western Regional Off-Track Betting Corporation, could not and will not support any recommendation by the Task Force on the Future of Off-Track Betting or the State of New York that would change the current structure of Off-Track Betting in New York State and put in jeopardy the financial and operational relationship between Schuyler County and Western Regional Off-Track Betting Corporation, and BE IT FURTHER RESOLVED, that Schuyler County supports and will continue to support the Legislative efforts of Western to see enacted the proposed 2009 OTB Omnibus Bill Legislation to preserve and protect the financial integrity of Western by changing the current statutes that govern the operation and distribution of revenues of Western, and BE IT FURTHER RESOLVED, that those changes would permit Western to return greater revenues to Schuyler County allowing Western to continue to provide a reasonable support for the Government of Schuyler County while continuing to operate in a manner compatible with the well being of horse racing and breeding in New York State, and BE IT FURTHER RESOLVED, that Schuyler County's stake in the future of horseracing and Off-Track Betting Corporations in New York State be protected, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be delivered with all due haste to our locally –elected State Representatives Governor David Paterson’s office and Inter County Association of Western New York urging each and every one of them to honor our resolve to protect Schuyler County’s investment. Vote: 8-0. RESOLUTION NO. 320 Motion by Karius, Second by Larison. 124 SCHUYLER COUNTY LEGISLATURE RE: AUTHORIZE CONTRACT WITH ECONOMIC OPPORTUNITY PROGRAM (EOP) FOR THE NEXT STEP PROGRAM/AUTHORIZE AMENDING THE 2009 BUDGET – SOCIAL SERVICES WHEREAS, Schuyler County has an interest in the employment and economic well-being of its residents, including youth, and WHEREAS, the Department of Social Services has received a Detention/Prevention grant from the Office of Children and Family Services, and WHEREAS, the Department wishes to enter into an agreement with the Economic Opportunity Program (EOP) for the Next Step Program in the amount of $25,000, and NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature on behalf of the Department of Social Services be authorized to execute a contract with the Economic Opportunity Program – Next Step for the period July 1, 2009 through June 30, 2010 in the amount of $25,000, funding available in account no. 6010.552, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2009 Department of Social Services budget as follows: AMOUNT ACCOUNT NO DESCRIPTION +$25,000 6010.552 TANF Service Plan +$25,000 6010.3610 State Aid – Administration Vote: 8-0. RESOLUTION NO. 321 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AMENDING THE 2009 BUDGET FOR BACK TO SCHOOL BENEFIT – SOCIAL SERVICES WHEREAS, the New York State Office of Temporary and Disability Assistance authorized Back to School benefits for Family Assistance cases and advanced $135,000 for these benefits. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2009 budget as follows: AMOUNT ACCOUNT NO DESCRIPTION + $135,000 6109.400 Family Assistance +$ 27,000 6109.3609 State Aid – Family Assistance + $108,000 6109.4489 Federal Aid – Family Assistance Vote: 8-0. RESOLUTION NO. 322 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CERTIFICATION OF 2008 COST ALLOCATION PLAN –SOCIAL SERVICES BE IT RESOLVED, that the Schuyler County Legislature hereby accept the 2008 Cost Allocation Plan prepared by Venesky and Company for Schuyler County Department of Social Services claiming of County- wide administrative costs and maintenance in lieu of rent in 2010, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to certify the plan to the NYS Office of Temporary and Disability Assistance. Vote: 8-0. RESOLUTION NO. 323 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH ALL-MODE COMMUNICATIONS, INC. FOR TELEPHONE SYSTEM MAINTENANCE AND SERVICE – BUILDING AND GROUNDS WHEREAS, it is important to protect the telephone system investment with appropriate service and maintenance, and All-Mode Communications, Inc. provides technical support and warranty replacement guarantees for Schuyler Counties telephone systems, and All-Mode Communications, Inc. has provided this service in the past, and WHEREAS, All-Mode Communications, Inc. has proposed to provide the Premium Economy Service and Support Plan for all Schuyler County telephone systems at an annual cost of $20,430. 2009 Cost 2010 Cost Premium Economy Service $20,355.00 $20,430.00 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with All-Mode Communications, Inc. to provide service and support for county telephone PROCEEDINGS OF THE YEAR 2009 125 systems for the period of January 1, 2010 through December 31, 2010, at a total cost of $20,430.00, funding available in account no. 1610.400, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 324 Motion by Larison, Second by Karius. RE: AUTHORIZE ADVERTISING TO RECEIVE BIDS FOR HVAC REPAIR CONTRACTS - BUILDING AND GROUNDS WHEREAS, the Buildings and Grounds Department needs to have qualified HVAC technicians to make repairs on an as needed basis. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to advertise for HVAC repair bids for the 2010 budget year, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature will receive bids to be opened at an open public meeting. Vote: 8-0. RESOLUTION NO. 325 Motion by Larison, Second by Karius. RE: AUTHORIZE CHANGE ORDER #GC-006 WITH WELLIVER-MCGUIRE, INC. FOR THE GENERAL CONTRACTOR PORTION OF THE SHARED PUBLIC WORKS FACILITY– BUILDING AND GROUNDS WHEREAS, Resolution No. 472-08 authorized a contract with Welliver-McGuire, Inc., for the General Contractor Portion of the Share Public Works Facility, and WHEREAS, curbing was not included in the original scope of work, and Decatur Street will be paved at the conclusion of this project, it is the appropriate time to place curbing on the East side of Decatur Street from Fairground Lane to meet the existing curb, and WHEREAS, the Building Maintenance Supervisor has reviewed the referenced changes and recommends authorization thereof as follows: Original Contract Amount $1,897,000.00 Net Change by Previously Authorized Change Orders $ 18,080.29 Contract Amount Prior to this Change Order #GC-006 $1,915,080.29 Amount Contract will Increase by Change Order #GC-006 $ 9,032.90 New Total Contract Amount $1,924,113.19

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign Change Order #GC-006 at a cost of $9033.00 with Welliver-McGuire, Inc., to be funded from the Capital Reserve account no. 004.1620.211, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 326 Motion by Larison, Second by Karius. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR REPLACMENT FLOORING AT THE MILL CREEK CENTER– BUILDING AND GROUNDS WHEREAS, the carpet at the Mill Creek Center is in need of replacement, and WHEREAS, it is the recommendation of the Building Maintenance Supervisor to advertise for bids for the replacement of the carpet with tile. NOW, THEREFORE, BE IT RESOLVED, that the Buildings Maintenance Supervisor is hereby authorized to advertise for said bids, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature will receive bids to be opened at an open public meeting. Vote: 8-0. RESOLUTION NO. 327 Motion by Fagan, Second by Field. RE: AUTHORIZE AGREEMENT WITH AES AT THE GREENIDGE, POWER PLANT IN DRESDEN FOR BOTTOM ASH/CINDERS – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee have agreed there is a need for the Highway Department to purchase Bottom Ash/Cinders (“ash”) for roadway ice control, and 126 SCHUYLER COUNTY LEGISLATURE WHEREAS, AES Greenidge, LLC requires a signed agreement before any municipality can enter the power plant in Dresden to load the bottom ash, and WHEREAS, the price per ton is $ 4.75 if the municipality loads, and WHEREAS, there is funding in the Highway budget to cover the cost associated with this expense. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an agreement with AES Greenidge, LLC for the Highway Department to purchase approximately 1000 tons of bottom ash from the NYSEG power station, for the period September 1, 2009 to August 31, 2010, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 328 Motion by Fagan, Second by Field. RE: RECOVERY ZONE DESIGNATION RESOLUTION DATED OCTOBER 13, 2009. WHEREAS, the American Recovery and Reinvestment Act of 2009 ("ARRA") authorizes the County to issue recovery zone economic development bonds in an amount up to $94,000.00 pursuant to a sub-allocation of the national volume cap for Recovery Zone Bonds provided by the Federal Treasury Department, and WHEREAS, recovery zone economic development bonds are entitled to a direct federal subsidy of 45% of the interest thereon, and WHEREAS, the County is required to designate a recovery zone prior to issuing such bonds, and WHEREAS, any such bonds must be for expenditures for property located within the recovery zone or otherwise promote economic activity therein, and WHEREAS, the term recovery zone is defined to mean (1) any area designated by the County as having significant poverty, unemployment, rate of home foreclosures, or general distress, (2) any area designated by the County as economically distressed by reason of the closure or realignment of a military installation pursuant to the Defense Base Closure and Realignment Act of 1990, and (3) any area for which a designation as an empowerment zone or renewal community is in effect as of February 17, 2009, and WHEREAS, it is now desired to designate the County of Schuyler as a recovery zone under ARRA. NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler is hereby designated as a recovery zone for purposes of ARRA as a result of significant unemployment, home foreclosure rates and general distress as the current recession has had and continues to have a significant adverse impact on the County as a whole. BE IT FURTHER RESOLVED, that the Clerk of the Legislature send certified copies of this Resolution to New York State Association of County’s (NYSAC). Vote: 8-0. RESOLUTION NO. 329 Motion by Fagan, Second by Field. RE: AUTHORIZE A LEASE AGREEMENT WITH EASTERN COPIER FOR A COPIER AT THE SHARED PUBLIC WORKS FACILITY – HIGHWAY DEPARTMENT – RESCINDED BY RESOLUTION NO. 364-09 WHEREAS, the Highway Department wishes to enter into a 48 month copier lease with Eastern Copier Products, and WHEREAS, the cost of the copier will be $188/month with maintenance being covered and included under the current County-wide maintenance agreement, and WHEREAS, there is funding in the Highway 2009 budget and other agencies sharing the copier will be charged accordingly to reimburse the costs associated with the lease. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a lease agreement with Eastern Copier Products at a cost of $2,256.00 per year, funding available from the Highway budget, account number 5010.410 subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 330 Motion by Fagan, Second by Marcellus. RE: ADOPT REVISED SCHUYLER COUNTY SUBSTANCE ABUSE POLICY/DRUG AND ALCOHOL TESTING PROGRAM – HUMAN RESOURCES WHEREAS, Schuyler County is required to comply with the United States Department of Transportation Federal Motor Carrier Safety Administration regulations (US DOT FMCSA) for drug and alcohol testing, and PROCEEDINGS OF THE YEAR 2009 127 WHEREAS, the County’s policy was last revised by Resolution No. 254-06 and the County’s drug and alcohol testing administrator, Energetix, recommends another revision to be adopted by the Legislature. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby adopt the attached revised policy which shall become part of the Schuyler County Policies and Procedures, and Schuyler County Highway Manual, and BE IT FURTHER RESOLVED, that immediately upon adoption of this policy, the Human Resources Department shall arrange for the required training, education and distribution of this policy to be given to all covered employees affected by Energetix testing, per above regulations. Vote: 8-0. RESOLUTION NO. 331 Motion by Fagan, Second by Marcellus. RE: ACCEPT/REJECT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED WHEREAS, the County Treasurer took tax deeds to 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 to the Schuyler County Treasurer two weeks prior to the tax sale auction. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the following offer/offers to Purchase: BIDDER’S NAME: Raymond E. Dann, Jr. BIDDER’ ADDRESS: 8514 Route 54 Hammondsport, NY 14815 AMOUNT OF BID: $10,793.60 FORMER OWNER: Raymond E. Dann, Jr./County of Schuyler TAX MAP #: 50.05-1.20 LOCATION: 768 County Route 23, and BE IT FURTHER RESOLVED, that this Legislature authorizes its Chairman to accept the Offer to Purchase, subject to the last-stated condition below, and execute the quitclaim deed and attending documents for the transfer of 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 to the Schuyler County Treasurer prior to the tax sale auction. BE IT FURTHER RESOLVED, that upon acceptance of a bid, and 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 , and BE IT FURTHER RESOLVED, that the Schuyler County Legislature has the right to accept or reject any and all bids. Vote: 8-0. RESOLUTION NO. 332 Motion by Fagan, Second by Marcellus. RE: NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY FOR 2010 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 Watkins Glen Area 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 128 SCHUYLER COUNTY LEGISLATURE WHEREAS, the Watkins Glen Area Chamber of Commerce has served as the Schuyler County lead tourism promotion organization since its inception, and WHEREAS, the Watkins Glen Area Chamber of Commerce has requested to be designated as the County’s Tourism Agency for the 2010 State Program Year. NOW, THEREFORE, BE IT RESOLVED, that the Watkins Glen Area Chamber of Commerce be, and hereby is, designated by the Schuyler County Legislature as its Tourist Promotion Agency for the 2010 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 Watkins Glen Area 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 budgets for 2010, 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 Watkins Glen Area Chamber of Commerce and the Finger Lakes Tourism Alliance. Vote: 8-0. RESOLUTION NO. 333 Motion by Karius, Second by Marcellus. RE: AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR 2010 – HUMAN RESOURCES 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, 2010 through December 31, 2010, with rates per month as follows, subject to the approval of the Schuyler County Attorney: Schuyler County Dental Plan 203C5D331 (Admin., Highway, Mgmt., Road Patrol) Family $62.90 Mo. Individual $17.97 Mo. Schuyler County Dental Plan 203C5D332 Family $67.74 Mo. Individual $19.34 Mo. (Corrections) Schuyler County Dental Plan 203C5D333 (Municipals) Family $62.90 Mo. Individual $17.97 Mo. NOTE: The above rates represent a 4% increase. Vote: 8-0. RESOLUTION NO. 334 Motion by Karius, Second by Marcellus. RE: ACKNOWLEDGE APPOINTMENT OF SCHUYLER COUNTY ELECTION INSPECTORS – BOARD OF ELECTIONS WHEREAS, after completing the necessary training and upon certification the Schuyler County Board of Election Commissioners have made a recommendation of 2 individuals to be appointed as Election Inspectors. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment of Cheryl I. Warner as Schuyler County Republican Election Inspector and Susanne Lipari as a Schuyler County Democratic Election Inspector for a one year term commencing September 29, 2009 through July 14, 2010. Vote: 8-0. RESOLUTION NO. 335 Motion by Karius, Second by Marcellus. RE: AUTHORIZE AGREEMENT WITH BARBARA ANDERSON, CERTIFIED YOGA INSTRUCTOR AND ACE ADVANCED HEALTH AND FITNESS SPECIALIST – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging, as part of its mission, provides disease prevention and health promotion services to Schuyler County residents age 60 and over, and WHEREAS, the Schuyler County Office for the Aging has an opportunity to contract with a local fitness expert to provide yoga classes to seniors age 60 and over, and WHEREAS, Certified Yoga Instructor, Barbara Anderson, has agreed to teach a series of classes for the senior population designed to accommodate various physical abilities and limitations, and PROCEEDINGS OF THE YEAR 2009 129 WHEREAS, Ms. Anderson has agreed to teach a series of six (6) classes commencing on October 26, 2009 and ending on December 31, 2009 for a total cost of $450 ($75.00 per class), and WHEREAS, in keeping with the practice of requesting donations for services rendered by the Office for the Aging, the cost of the classes would be off-set by the donations requested and collected from participants. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Barbara Anderson, Certified Yoga Instructor, to provide yoga classes to Schuyler County residents age 60 and over through the budget account no. 6772.0490 for the term of October 26, 2009 through December 31, 2009, said contract subject to approval of the Schuyler County Attorney. Vote: 8-0. DISCUSSION: Legislator Bleiler questioned if this Resolution had changed as of the discussion they had at the Legislative Resolution Review Committee Meeting? County Administrator O’Hearn explained that there is a local share required. The participants are contributing $5.00 each. Legislator Fagan asked if the $5.00 could be considered the local share. Administrator O’Hearn discussed the numbers, explained the math and the fact that the local share has to come from the County as it is a requirement of the Older Americans Act program. The County cannot charge for this. RESOLUTION NO. 336 Motion by Larison, Second by Field. RE: MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two (2) additional Resolutions be brought to the floor. Vote: 8-0. RESOLUTION NO. 337 Motion by Larison, Second by Yuhasz. RE: RESOLUTION URGING THE GOVERNOR AND THE STATE LEGISLATURE TO REDUCE STATE SPENDING WITHOUT SHIFTING COSTS FOR STATE PROGRAMS TO COUNTY GOVERNMENT WHEREAS, Counties in New York have long served as the principal partner in administering the state's most critical programs in areas such as health, human services and public protection, and WHEREAS, as part of administering these programs, the State mandates that Counties fund a significant portion of these programs through the County budget, and WHEREAS, these State mandates are the root cause of high property taxes at the County level, and WHEREAS, the Governor has announced that he intends to call an extraordinary session of the State Legislature to close a current year State Budget Deficit of at least $2.1 billion, and WHEREAS, as State policy makers continue to address the looming State budget deficit, it's critical that they draw a clear distinction between "cuts" in State funding and simple cost shifting that requires counties to fund a larger share of State mandated services, and WHEREAS, Counties have no capacity to shoulder more of the State's fiscal burden and in fact, a case can be made that the current level of funding the State provides is not sustainable for the work the State expects Counties to perform, and WHEREAS, as experienced managers who must balance their own budgets, County officials understand and support the need for spending restraint, especially in difficult times, and WHEREAS, Counties believe that it is preferable to restructure and eliminate unnecessary and wasteful spending, than to implement across the board reductions without examining the merits of each program and service. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature call on the Governor and State Legislature to reduce State spending without shifting the costs for State programs to County government, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature believes that by working together, the State and its Counties can fashion program efficiencies and changes that provide a real, timely, and mutual fiscal benefit, while minimizing the impact on taxpayers, and BE IT FURTHER RESOLVED, that the Clerk to the Schuyler County Legislature shall forward copies of this Resolution to Governor David A. Paterson, the New York State Legislature, NYSAC and all others deemed necessary and proper. 130 SCHUYLER COUNTY LEGISLATURE Vote: 8-0. RESOLUTION NO. 338 Motion by Larison, Second by Yuhasz. RE: PROCLAMATION ACKNOWLEDGING THE SOUTHERN FINGER LAKES WOMEN’S (SFLW) NATIONAL BUSINESS WOMEN’S WEEK OCTOBER 19 -23, 2009 WHEREAS, working women constitute 71 million of the nation’s work force and strive to serve their communities, their states and their nation in professional, civic and cultural capacities, and WHEREAS, women-owned businesses account for 30% percent of all U.S. business, generating $1.9 trillion in sales and employing 9.2 million people, and WHEREAS, the major goal of Southern Finger Lakes Women, a Chapter of New York State Women, Inc. is to promote equality for all women and to help create better conditions for working women through the study of social, educational, economic and political problems, all of us are proud of the leadership in these many fields of endeavor, and WHEREAS, Southern Finger Lakes Women formerly known as the Watkins Glen Business and Professional Women, founded in 1940, is proud to be celebrating its 69th year as a Chapter of New York State Women, Inc. SFLW is a local organization of women helping women. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes October 19- 23, 2009 as National Business Women’s Week in the County of Schuyler and urge all citizens to join in this celebration to support the efforts of Southern Finger Lakes Women for pay equity, better child and dependent care, fair pension laws and equity in insurance, equal opportunity in education and training, and support of the ERA amendment, and BE IT FURTHER RESOLVED, that the Clerk to the Legislature forward a certified copy of this Resolution to Gloria Hutchings, Chairman, Southern Finger Lakes Women Chapter of New York State Women, Inc. Vote: 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: Attorney Coleman discussed the progress being made with the ICT default. Next on the list of creditors is New York State in the amount of $24,082.02. Legislator Fagan asked if this is specifically for this project. Attorney Coleman said yes. Attorney Coleman then asked for permission to authorize the payment. MOTION by Legislator Larison, SECOND by Legislator Fagan. Motion carried eight ayes to zero noes. REPORT ON STANDING COMMITTEES: Legislator Bleiler reported that the law regarding an outdoor burning ban is now in affect. This pertains to trash, leaves, branches, etc. There is an exemption for farmers. Legislator Marcellus wanted to publically thank Legislator Bleiler for his commitment to the Legislature and his years of service. Legislator Fagan reported that the treatment on both Waneta and Lamoka Lakes has been very successful. The final report will be finished and sent to DEC. The plan shows that the milfoil has been eradicated in both lakes. There is a good level of satisfaction from the residents on both lakes. COUNTY ADMINISTRATOR’S REPORT: Nothing new to report. PUBLIC PARTICIPATION: Mr. Phil Yaw, a Watkins Glen resident came to speak about pool safety. Having recently lost his daughter in a tragic pool accident, he would like to see some stricter pool regulations put in place. Some examples would be, possibly having to be CPR certified to purchase a pool with no grandfather laws. Maybe placing motion sensors on the pools and requiring that Code enforcers enforce the codes. He does not want another family to experience what he and his family have gone through. He would like to see changes made. Legislator Bleiler said he sympathizes with him and referred him to the Public Safety Committee. He is in support of community education. Mr. Yaw said he does know that some towns have clamped down, however it would be nice if all of them do. Chairman Gifford stated that the Legislature is aware of his situation and can sympathize with him. He thanked him for speaking. The Meeting adjourned at 7:02 P.M. PROCEEDINGS OF THE YEAR 2009 131 Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

SPECIAL MEETING OCTOBER 21, 2009

The October 21, 2009 Special Meeting of the Schuyler County Legislature was called to order at 9:00 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison followed by a moment of Silence. All Legislators were present except Dennis Fagan who was absent. County Administrator O’Hearn was also present. County Attorney James Coleman was excused. PUBLIC PARTICIPATION: None. RESOLUTION NO. 339 Motion by Karius, Second by Marcellus. 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. ACCEPT/REJECT 2009 TAX AUCTION BIDS 2. SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2010 Vote: 7-0. RESOLUTION NO. 340 Motion by Field, Second by Marcellus. RE: ACCEPT/REJECT 2009 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 October 17, 2009. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts the following bids to wit: BIDDER’S NAME: Douglas Carlson BIDDER’ ADDRESS: 1681 Swan Hill Rd., Alpine, NY AMOUNT OF BID: $600.00 FORMER OWNER: Rita R. Cattell TAX MAP #: 99.-1-4 LOCATION: Swan Hill Rd., Alpine BIDDER’S NAME: Gregory Cooper BIDDER’ ADDRESS: 5861 State Route 224, Alpine, NY AMOUNT OF BID: $100.00 FORMER OWNER: Gregory & Andrea Gilbert TAX MAP #: 99.14-1-38 LOCATION: Oak Hill Road BIDDER’S NAME: John T. Senka & Jeffery R. Senka BIDDER’ ADDRESS: 4615 State Route 224, Montour Falls, NY AMOUNT OF BID: $35,000.00 FORMER OWNER: Rosalie Kimbell TAX MAP #: 98.-1-31 LOCATION: 5100 County Road 14, Odessa, NY BIDDER’S NAME: Brian S. & Mary Ellen Croft BIDDER’ ADDRESS: 2465 Jennings Road, Watkins Glen, NY AMOUNT OF BID: $2,500.00 FORMER OWNER: NRLL East LLC TAX MAP #: 42.-1-73 LOCATION: Jennings Road, Watkins Glen, NY 132 SCHUYLER COUNTY LEGISLATURE BIDDER’S NAME: William A. Shebel BIDDER’ ADDRESS: 4136 Sate Route 226, Dundee, NY AMOUNT OF BID: $5000.00 FORMER OWNER: Susan Amorette Pizutti TAX MAP #: 29.-1-29.12 LOCATION: State Route 226, Tyrone, NY BIDDER’S NAME: Joy E. Goodsell BIDDER’ ADDRESS: 74 W. Lamoka Ave., Savona, NY AMOUNT OF BID: $7,600.00 FORMER OWNER: Louis Santorello Estate c/o Rose Martenson TAX MAP #: 40.-1-31 LOCATION: Beach Road, Watkins Glen, NY 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 and record such deeds and attending documents upon full payment of the bid purchase price balance to the County of Schuyler. Vote: 7-0. RESOLUTION NO. 341 Motion by Field, Second by Marcellus. RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2010 WHEREAS, a public hearing in respect to the 2010 County Budget is required pursuant to County Law Section 359. NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2010 County Budget will be held in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY on November 9, 2009 at 6:30 p.m., to be followed by the Regular Meeting of the Legislature, and possible action to adopt the 2010 Budget, 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: 7-0. PUBLIC PARTICIPATION: None. Legislator Larison reported that at a Soil and Water Meeting he attended this week, Jerry Verrigni, Director of the Schuyler County Soil & Water Conservation District, was awarded an Agricultural Environmental Management (AEM) award for his work with agricultural and the environment. The Meeting adjourned at 9:07a.m. Stacy B. Husted, Clerk

PUBLIC HEARING NOVEMBER 9, 2009

The Public Hearing on the 2010 Tentative Budget was called to order at 6:30 p.m. by Chairman Gifford. Administrator O’Hearn presented the 2010 Tentative Budget overview to the public and the Legislature. This is on file in the Legislative Office. At 7:13 p.m. Administrator O’Hearn opened the floor for comment. Phil Smith, a former Legislator and currently employed as the County’s Veterans Services Director, asked if the Legislature considered reinstating the 4% tax on clothing. Chairman Gifford said not at this time. Phil Smith then asked if it was reinstated, would it be enough to eliminate the need to lay off employees. Administrator O’Hearn said he did not know for sure if that would save all eight positions being considered at PROCEEDINGS OF THE YEAR 2009 133 this point, however it is possible, he would have to review the numbers. It may mean less positions being laid off. Phil Smith then asked that they please consider reinstating the sales tax on clothing versus any layoffs. Legislator Bleiler informed Phil that the Management and Finance Committee members did consider the clothing sales tax along with a lot of variables. The State may come down and mandate this tax in the future. We really do not know what will happen and if it will generate more revenue or not. Linda Faulisi said there seems to be a lot of public support for the sales tax on clothing. We are asking that you table the vote tonight and not adopt the budget. She asked that they continue to have more discussions going forward and maybe save a couple of jobs. She does not feel that people come to our area for just the 4% savings. Please table your vote on the Tentative Budget and vote later. Colleen Wheaton, CSEA Representative, said she represents 46,000 workers throughout twenty counties including the 150 workers here tonight who are here to show support and preserve their jobs. She is here to offer a different view of the budget. She feels the Legislature could offer a different drug option to save money. It is important to point out that a lot of people rely on Government Services. She does not feel they can afford to lay off workers. These members did not cause the problems we face today and they will not re-open any contract of give back wages. Onalee Stamp said she has worked for the Department of Social Services for twenty-one years. She cares about the County and the people in it. She addressed Administrator O’Hearn, Chairman Gifford and the Legislators and said when you heard about the Social Services Department layoffs, do you realize that the aid provided is a valuable service? Their wages and benefits do not come close to the services they provide to the public. She said transportation needs will not be met, on demand services require a week’s notice and the loss of services will effect the needy. Alan Hurley asked how much revenue is being generated by the Industrial Park? Administrator O’Hearn informed Mr. Hurley that this is a public hearing relative to the 2010 tentative budget, not a debate regarding the business park. JoAnn Neil asked what the average salary increase would be for 2010. Administrator O’Hearn said the negotiated averages are anywhere from 3% to 4% and the step increases ad to this increase. Taylor Peck said he was a former county employee and he has been through layoffs in the past. He said the County has a budget with a tax decrease, why are you forgoing the tax on clothing and now talking layoffs? I could certainly accept and afford to pay 4% more in taxes to save jobs. He feels there seems to be room without a property tax increase. He urged them to keep working on the budget an not layoff people. Let the tourists pay the sales tax on clothing. This is a revenue out there you are not using. Michelle Banick asked if New York State mandates the number of employees in the Department of Social Services. Administrator O’Hearn said no, they do not. She then asked what programs will be in place to help with the added stress and relaxation for the employee that will be left? Sue Brill feels that layoffs should be the last resort to close the gap. This is not the only option left. Sales tax should be considered. The most impacted in the County will be the members that use the services. Kelly Hall said the jobs in Social Services are thankless jobs. She feels they will be increasing the stress levels to the existing employees and they should not get rid of people. She also feels it will cause more burn out and feeling of worthlessness. Steve Crout said he is a Hector resident and with all of the capital improvements going on, are there contracts involved? Attorney Coleman said yes, absolutely. Steve then asked if the County honored those contracts. Chairman Gifford said yes, of course. Steve then said you would not tell them halfway through the contract that you are not going to pay them the contract rates, so why would you do that to your own union members. Kristen Source said she is a Mental Health worker and with just the work that she has done, there are a large amount of ill and sick people out there. In addition, it is a very emotionally task as it is. She is asking that they not layoff her co-workers. Arnie Bagchi said he can certainly appreciate the position the Legislature is in and the employees do what they do not only because you pay us to do it, but we do it because it is the right thing to do. He knows the Legislature has until December 20th to adopt this budget. He feels they should take more time and re-evaluate it. He does not want to see reductions in the work force. 134 SCHUYLER COUNTY LEGISLATURE Bridget Finley said she works in the Department of Motor Vehicles and we already know that 2010 is going to be a tough year. You have projected that 2011 will be worse. What she wants to know is when will laying off employees be enough. Is this always going to be your resolution to solve the budget shortfall? Tammy Brown said our employees provide valuable services and layoffs will not help. She is asking that they look at adding the sales tax to clothing. She then provided the Clerk of the Legislature with a number of petitions supporting no layoffs. Shannon Slater said she emailed the Legislators and Administrator O’Hearn and thanked those who responded. She will echo what Onalee said earlier. We do referrals to many agencies. We are working 110% of the time for our community. This will not continue and you need to know that we service people. She feels the sales tax on clothing should be added versus loosing jobs. John Q. Smith said he and his wife have between them eleven years of college education yet he is here to tell you that without the help from Social Services, he does not know what they would have done without the help from the Human Services Department that you built this building for. We all pay taxes. Think in terms of the tourist. Let them pay tax on that antique desk. So what if they pay more for it. They can afford it. Legislator Marcellus said the tourists are their main thrust. We have a booming downtown. He does not want to see that change. Sales tax is up. He is more in touch with the concerns and would like to find an alternative. For years there has been steady advertising about no sales tax on clothing. If only a tiny percentage stop coming because of this, it could impact us. Lisa Hanley said she works in Social Services and emailed Administrator O’Hearn letting him know that she has never been so over whelmed with cases. Some of these cases do not get counted in the statistics because they are referred to other agencies. Seriously, she has looked at other Counties and she feels they need to meet the needs of our community rather it is adding sales tax on clothing or something else. The people deserve to have their needs met. The emergencies come in day after day after day. They just keep coming. We have business owners here. They will pay it. Most of the tourists come for the wineries and the races and do not even know about the sales tax on clothing. They come because of what we offer not because we do not charge sales tax on clothing. John Q. Smith said he would hate to see this revolve around sales tax. Gina Brown said with all of the money spent on buses, buildings, etc., the tax rate went down and the levy went up. Please vote no on the budget tonight. Alan Hurley said he feels there needs to be a balance between private and public. We need to create jobs and industry. I know that SCOPED has an interested party in the Industrial Park. We need jobs, let’s not take them away. Jill Wicker said the County seems to pay for a lot of services or surveys that we should be doing our selves to save the money. The County just hired a provider to check our health insurance to make sure we are not paying for someone we should not be as a dependent. Lisa Hanley said Mr. Hurley brought up SCOPED. The County contributes a lot of money to them. Could you take some of that funding and put it towards the budget instead? JoAnn Tuttle said she has only worked here for about a year. She left the ARC of Schuyler to come here. The biggest thing that has been forgotten is we are talking about numbers and not people. She feels they all need to support our children and families. Money comes and goes family does not. Arnie Bagchi said he does not understand the budget but feels that the sales tax is easy to quantify. Let’s face it, we struggle as it is now working with clients. He then gave an example of how our services work well. Pam LaVigne asked how she could help balance the County budget when she cannot balance her own. Without her raise in 2010, who is going to pay my bills? Chairman Gifford thanked everyone for attending and speaking. The Public Hearing adjourned at 7:59 p.m. and the Regular Meeting was called to order.

REGULAR MEETING NOVEMBER 9, 2009 PROCEEDINGS OF THE YEAR 2009 135

The November 9, 2009 Regular Meeting of the Schuyler County Legislature was called to order at 8:00 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Yuhasz followed by a moment of Silence. All Legislators were present except Legislator Field who was absent. County Administrator O’Hearn and County Attorney James Coleman were also present. PUBLIC PARTICIPATION: Vickie Schavan said she is employed at the Post Office in Horseheads and presented a Resolution to the Legislature and asked that they pass one just like it on their behalf. This Resolution is in support of not consolidating the Postal Services as publicized in the news. The Clerk advised that it would be passed through the appropriate standing committee of the Legislature for consideration. RESOLUTION NO. 342 Motion by Larison, Second by Karius. RE: APPROVE MINUTES OF THE OCTOBER 13, 2009 REGULAR MEETING AND THE OCTOBER 21, 2009 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the October13, 2009 Regular Meeting and the October 21, 2009 Special Meeting of the Schuyler County Legislature be approved. Vote: 7-0. RESOLUTION NO. 343 Motion by Larison, Second by Marcellus. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF FUNDS FOR 2009/2010 OPERATION IMPACT GRANT - DISTRICT ATTORNEY WHEREAS, NYS Division of Criminal Justice Services has grant funding available for the purpose of assisting the Schuyler County District Attorney’s Office in reducing target crimes in the County, and WHEREAS, this Grant is estimated to be in the amount of $40,000 with a 20% County match (cash or in kind). NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2009/2010 Operation Impact 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 $40,000 with a 20% County match (cash or in kind), said documents subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 344 Motion by Larison, Second by Marcellus. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2009/2010 NYS AID TO PROSECUTION GRANT- DISTRICT ATTORNEY WHEREAS, NYS Division of Criminal Justice Services has grant funding available through an Aid to Prosecution Grant for the purpose of assisting the Schuyler County District Attorney’s Office in prosecuting felony offenses, and WHEREAS, this Grant is estimated to be in the amount of $35,300. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2009/2010 NYS Aid to Prosecution Grant. 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 $35,300, said documents subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 345 Motion by Larison, Second by Marcellus. RE: APPOINTMENT TO THE FINGER LAKES TOURISM ALLIANCE BOARD WHEREAS, Craig Rust, President of Watkins Glen International, has resigned from the Finger Lakes Tourism Alliance as the Schuyler County Representative, and WHEREAS, it is the Finger Lakes Tourism Alliance’s recommendation that John Pulos from Rosemary’s Legacy, be appointed to fill the unexpired term. BE IT RESOLVED, that John Pulos, be appointed to the Finger Lakes Tourism Alliance as the Schuyler County Representative for a term effective immediately through December 31, 2009 136 SCHUYLER COUNTY LEGISLATURE Vote: 7-0. RESOLUTION NO. 346 Motion by Karius, Second by Yuhasz. RE: RECOGNIZE DECEMBER 1, 2009 AS WORLD AIDS DAY – PUBLIC HEALTH WHEREAS, World AIDS Day is about raising money, increasing awareness, fighting prejudice and improving education, and WHEREAS, World AIDS Day is important in reminding people that HIV has not gone away and that there are many things still to be done, and WHEREAS, according UNAIDS estimates, there are now 33.2 million people living with HIV, including 2.5 million children, and WHEREAS, around half of all people who become infected with HIV do so before they are 25 and are killed by AIDS before they are 35, and WHEREAS, HIV today is a threat to men, women and children on all continents around the world. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes December 1, 2009 as World AIDS Day. Vote: 7-0. RESOLUTION NO. 347 Motion by Karius, Second by Yuhasz. RE: RECOGNIZE DECEMBER 6–12, 2009 AS NATIONAL HAND WASHING AWARENESS WEEK – PUBLIC HEALTH WHEREAS, the spread of flu and infectious diseases can be reduced by appropriate hand washing, and WHEREAS, direct contamination of mucus membranes (eyes, nose or mouth) is how infectious diseases enter the body, and WHEREAS, several simple practices can reduce the contamination and spread of infectious diseases, and WHEREAS, washing hands when they are dirty and before eating, not coughing into hands, not sneezing into hands and not putting your fingers into eyes, nose or mouth, can reduce the spread of infection. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes December 6–12, 2009 as National Hand Washing Awareness Week. Vote: 7-0. RESOLUTION NO. 348 Motion by Karius, Second by Yuhasz. RE: RECOGNIZE DECEMBER 6–12, 2009 AS NATIONAL INFLUENZA VACCINATION WEEK – PUBLIC HEALTH WHEREAS, the Centers for Disease Control and Prevention (CDC) recommends that getting a yearly flu vaccine is the first and most important step in protecting against seasonal influenza, and WHEREAS, there are many different flu viruses, the seasonal flu vaccine protects against the three seasonal viruses that research suggests will be most common, and WHEREAS, vaccination is especially important for people at high risk of serious flu complications, including young children, pregnant women, people with chronic health conditions and people 65 years and older, and WHEREAS, everyday preventive actions such as covering your nose and mouth with a tissue when coughing or sneezing, washing hands often with soap and water, avoiding close contact with sick people and staying home for at least 24 hours after a fever is gone will help prevent the spread of germs. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes December 6– 12, 2009 as National Influenza Vaccination Week and encourages anyone who has not yet received their flu vaccination to do so as soon as possible, as it is not too late. Vote: 7-0. RESOLUTION NO. 349 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD - COMMUNITY SERVICES WHEREAS, Resolution 23-09 establishes there is no term limits for Community Services Board and Subcommittee members, and WHEREAS, there are vacancies on the Mental Health Subcommittee, and WHEREAS, Dr. Sarra Solomon has expressed interest in serving on the Community Services Board. PROCEEDINGS OF THE YEAR 2009 137 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Dr. Sarra Solomon to the Community Services Board for the term November 10, 2009 through December 31, 2011. Vote: 7-0. RESOLUTION NO. 350 Motion by Larison, Second by Yuhasz. RE: ACCEPT AND ESTABLISH THE BIOTERRORISM/PUBLIC HEALTH EMERGENCY PREPAREDNESS GRANT – PUBLIC HEALTH WHEREAS, the Public Health Department has received a grant from Health Research Institute (HRI) Bioterrorism/Public Health Emergency Preparedness (PHEP) in the amount of $87,688.00, and WHEREAS, the grant will be for the period August 10, 2009 through August 9, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the grant, subject to the approval of the County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be directed to establish the Bioterrorism/ Public Health Emergency Preparedness grant, in cooperation with the Public Health Department. Vote: 7-0. RESOLUTION NO. 351 Motion by Larison, Second by Yuhasz. RE: ACCEPT AND ESTABLISH THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FOR EARLY INTERVENTION 2009 GRANT – PUBLIC HEALTH WHEREAS, the Public Health Department has received a grant from the American Recovery and Reinvestment Act (ARRA) for Early Intervention of 2009 with NYS Department of Health in the amount of $17,468.00, and WHEREAS, the grant will be for the period August 1, 2009 through September 30, 2011. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the grant, subject to the approval of the County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be directed to establish the American Recovery and Reinvestment Act (ARRA) for Early Intervention of 2009 with NYS Department of Health grant, in cooperation with the Public Health Department. Vote: 7-0. RESOLUTION NO. 352 Motion by Larison, Second by Marcellus. RE: AUTHORIZE AMENDING THE 2009 BUDGET FOR THE EARLY INTERVENTION PROGRAM – PUBLIC HEALTH WHEREAS, the Early Intervention program has an increase in the number of children expected to require services, and WHEREAS, there will be an increase in revenue. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2009 Early Intervention budget, as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$35,000 4054.490 Contractual Expenses +$35,000 4054.1621 Revenue Vote: 7-0. RESOLUTION NO. 353 Motion by Larison, Second by Marcellus. RE: AUTHORIZE 2010 CONTRACT RENEWAL WITH ANNE HEIST, REGISTERED DIETICIAN FOR NUTRITION RELATED SERVICES – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging, as part of its mission, provides nutrition services to Schuyler County residents age 60 and over, and WHEREAS, the nutrition services program is required under 90-PI-26, to employ the services of a registered or registration eligible dietician to perform nutrition related responsibilities a minimum of 12 hours per week for SNAP and Title III-C services, and WHEREAS, the registered dietician is to certify menus, approve any deviation from the menu, approve therapeutic and modified diets, provide nutrition education and nutrition counseling, evaluate participant’s 138 SCHUYLER COUNTY LEGISLATURE nutritional needs and develop an appropriate care plan and have oversight of the implementation of the care plan among other duties, and WHEREAS, the agreed upon hourly rate for 2010 will be $18.00 per hour not to exceed 624 hours for a total of $11,232 plus mileage at the County rate for home visits, home delivered meal monitoring and congregate site visits, and WHEREAS, funding is available under CSE, SNAP, Title III C-1 and III C-2, to meet this request along with the required local match. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Anne Heist, Registered Dietician, to provide nutrition related services to Schuyler County residents age 60 and over through the budget account no. 6772.0490 for the term of January 1, 2010 through December 31, 2010, said contract subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 354 Motion by Larison, Second by Marcellus. RE: APPROVAL OF THE 2010-11 ANNUAL IMPLEMENTATION PLAN- OFFICE FOR THE AGING WHEREAS, the Schuyler County Legislature has established an Office for the Aging in Schuyler County, and WHEREAS, the Office for the Aging is required to submit an Annual Implementation Plan, which includes plans for programs operated by the Office for the Aging, as follows: Title IIIB of the Older American’s Act Titles IIIC1 and IIIC2 of the Older American’s Act Title IIID of the Older American’s Act Title IIIE of the Older American’s Act Expanded In-Home Services for the Elderly Program (EISEP) Community Services for the Elderly Program (CSE) Congregate Services Initiative Program (CSI) Supplemental Nutrition Assistance Program (SNAP) The Weatherization Referral & Packaging Program (WRAP) Health Insurance Information, Counseling and Assistance Program (HIICAP) Medicare Improvements for Patients and Providers Act (MIPPA) Transportation New York Connects, and WHEREAS, the Plan requires approval by the Schuyler County Legislature before submitting the Plan no later than December 4, 2009, and WHEREAS, the Public Hearing on the Annual Implementation Plan was held, as required, on October 8, 2009 at 9:30 AM at the Human Services Complex, Room 120 with , 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 the Plan and funding application necessary to carry out the services provided by the Schuyler County Office for the Aging for the term of January 1, 2010 through December 31, 2010, said Plan and funding application subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 355 Motion by Yuhasz, Second by Larison. RE: AUTHORIZE TRANSPORTATION AGREEMENT WITH THE SCHUYLER COUNTY CHAPTER NYSARC, INC. – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging, as part of its mission, provides transportation services to Schuyler County residents age 60 and over, and WHEREAS, the Schuyler County Office for the Aging is in need of occasional assistance with transportation needs, and WHEREAS, the Schuyler County Chapter NYSARC, Inc. (referred to as the Arc) provides transportation services, and PROCEEDINGS OF THE YEAR 2009 139 WHEREAS, the Arc can accommodate wheelchair transportation requests as well as hospital discharges for clients through the Office for the Aging, and WHEREAS, the Arc is requesting an increase in hourly and waiting fees by $1.50 per hour for 2010 to $46.50 per hour active transportation time and $20.00 per hour for wait time, and WHEREAS, program funds are available to address such needs. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with the Schuyler County Chapter NYSARC, Inc. to provide the transportation needs identified by the Schuyler County Office for the Aging for the term of January 1, 2010 through December 31, 2010, said contract subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 356 Motion by Yuhasz, Second by Larison. RE: ACCEPT/REJECT QUOTES FOR FIRE ALARM TESTING AND MAINTENANCE – BUILDINGS AND GROUNDS WHEREAS, quotes were received and opened October, 15, 2009 for Fire Alarm Testing and Maintenance for January 1, 2010 to December 31, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the Building Maintenance Supervisor’s recommendation of the low quote from, CPE Communications & Security, Inc. d/b/a: InterLink, 357 East 5th Street, Elmira, NY 14901, for the Fire Alarm Testing and Maintenance contract at the low quote of $3700 for the term of January 1, 2010 to December 31, 2010, and that funding is available in Buildings and Grounds 2010 budget account no. 1620.400, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with CPE Communications & Security, Inc. d/b/a: InterLink, 357 East 5th Street, Elmira, NY 14901, at a cost of $3700, subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 357 Motion by Yuhasz, Second by Larison. RE: AUTHORIZE CONTRACT RENEWAL WITH DAVIS-ULMER FOR QUARTERLY FIRE SPRINKLER INSPECTIONS AT THE COURTHOUSE COMPLEX AND HUMAN SERVICES COMPLEX – BUILDINGS & GROUNDS WHEREAS, New York State Division of Code Enforcement and Administration Fire Code requires quarterly inspections of fire sprinkler systems, and WHEREAS, Davis-Ulmer currently inspects the sprinkler system at the County Courthouse Complex and Humans Services Complex quarterly, and WHEREAS, Davis-Ulmer has agreed to enter into contracts for quarterly inspections at the Courthouse Complex and Human Services Complex for 2010, and WHEREAS, the increased cost of these services is as follows: LOCATION 2009 Rate 2010 Rate County Courthouse Complex $640.00 $ 740.00 Human Services Complex $800.00 $ 900.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign contracts with Davis-Ulmer to provide quarterly fire sprinkler inspections for the County Courthouse Complex and Human Services Complex for the period of January 1, 2010 through December 31, 2010, at a total cost of $1,640.00, funding available in account no. 1620.400, subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 358 Motion by Larison, Second by Marcellus. RE: AUTHORIZE CONTRACT WITH DAY AUTOMATION SYSTEMS, INC. FOR MAINTENANCE AND SUPPORT OF SECURITY ALARM SYSTEM – BUILDINGS & GROUNDS WHEREAS, the County Wide Access Control/Video Surveillance Multiple Site System is currently being used in four (4) County Buildings, and WHEREAS, this system requires the services of a trained software engineer, licensed to own and use headend supervision and programming software, and 140 SCHUYLER COUNTY LEGISLATURE WHEREAS, Day Automation Systems, Inc. has agreed to provide these services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Day Automation Systems, Inc. 7931 Rae Boulevard, Victor, NY 14564 for the term of January 1, 2010 to December 31, 2010 at a cost of $5,565, with funding available in the 2010 budget, account no. 1620.400, subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 359 Motion by Larison, Second by Marcellus. RE: AUTHORIZE CONTRACT RENEWAL WITH CLIMATE CONTROL TECHNOLOGIES, INC. – BUILDINGS & GROUNDS WHEREAS, HVAC Building Automation Systems (BAS) are currently being used in four (4) County Buildings, and WHEREAS, the Direct Digital Controls (DDC) requires the services of a trained software engineer, licensed to own and use headend supervision and programming software, and WHEREAS, Climate Control Technologies, Inc. has agreed to provide these services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Climate Control Technologies, Inc., 33 Brookside Avenue, Endwell, NY 13760 for the term of January 1, 2010 to December 31, 2010 at a cost of $455.00 per month, with funding available in the 2010 budget, account no. 1620.400, subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 360 Motion by Larison, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR MILL CREEK CENTER FLOORING REPLACEMENT & PORTION OF THE COUNTY COURTHOUSE COMPLEX RENOVATION (ALTERNATE1) – BUILDINGS AND GROUNDS WHEREAS, said bids were due and opened on Friday, October 30, 2009, and WHEREAS, the funding for the Mill Creek Flooring Replacement is available in Health Services account no. 4310.426, and WHEREAS, funding for the Alternate 1 is available in Building and Grounds Capital Account for Courthouse Complex Renovations no. 004.1620.606. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby accept the Building Maintenance Supervisor’s recommendation of the low bidder, L&N Interior Systems, Inc., 630 Wildwood Blvd., Williamsport, PA 17701, for the flooring replacement work at the low bid amount of $5825.00, plus Alternate No.1 in the amount of $2337.00 and BE IT FURTHER RESOLVED, that the following bid(s) be rejected: Cutler’s Paint & Carpet Center 33 West William Street Corning, NY 14830 Twin Tier Paint & Wall Coverings, Inc 1323 College Avenue Elmira, NY 14901 GP Land & Carpet Corp 5905 Lake Road South Brockport, NY 14420 BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with L&N Interiors Systems, Inc. at a cost of $8,162.00, subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 361 Motion by Fagan, Second by Marcellus. RE: ACCEPT/REJECT QUOTES FOR ELEVATOR INSPECTION AND TESTING – BUILDINGS AND GROUNDS WHEREAS, quotes were received and opened October, 15, 2009 for Elevator Inspection and Testing for January 1, 2010 to December 31, 2010, and PROCEEDINGS OF THE YEAR 2009 141 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the Building Maintenance Supervisor’s recommendation of the low quote from American Loss Prevention Services, Inc., 303 King Peterson Road, Buffalo, NY 14204, for the Elevator Inspection and Testing contract at the low quote of $496 for the term of January 1, 2010 to December 31, 2010, and that funding is available in Buildings and Grounds 2010 budget account no. 1620.400, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with American Loss Prevention Services, Inc., 303 King Peterson Road, Buffalo, NY 14204, at a cost of $496, subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. WITHDRAWN RE: AUTHORIZE LEASE AGREEMENT WITH ______- BUILDINGS AND GROUNDS - WITHDRAWN WHEREAS, Schuyler County has vacant office space at 105 Ninth Street, Watkins Glen, and WHEREAS, ______is seeking office space to rent. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a three-year contract with ______, for use of 1,045 square feet at $12.00 per square foot annually, at 105 Ninth Street, Watkins Glen, subject to the approval of the Schuyler County Attorney. RESOLUTION NO. WITHDRAWN RE: AUTHORIZE ONGOING CONTRACT WITH ______FOR PHONE SERVICE – BUILDINGS AND GROUNDS -WITHDRAWN BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an ongoing contract with the ______for telephone service in the County Courthouse Complex at a cost to include a monthly line charge to be determined per Resolution 530-94, plus 15% administrative cost per line, with call costs to be billed at cost, subject to approval of the Schuyler County Attorney. RESOLUTION NO. 362 Motion by Fagan, Second by Marcellus. RE: A RESOLUTION AMENDING THE SALES AND USE TAX OF THE COUNTY OF SCHUYLER AND STATE OF NEW YORK BE IT RESOLVED, by the Schuyler County Legislature, as follows: Section 1. Subdivision (a) and the opening paragraph of subdivision (b) of Section 14 entitled “Disposition of Revenues” of Resolution No. 140 of 1967, entitled “Schuyler County Sales Tax” are amended to read as follows: (a) Sixty-eight percent (68%) of such moneys is hereby set aside for County purposes and shall be available for any County purpose. (b) Thirty-two percent (32%) of such moneys shall be allocated quarterly to the Towns in the County of Schuyler, and the portion allocated to a town shall be apportioned between the town and any village in the town, as follows: Section 2. Paragraph (iv) of subdivision (b) of Section 14 entitled “Disposition of Revenues” of Resolution No. 140 of 1967, entitled “Schuyler County Sales Tax” is REPEALED. Section 3. Subdivision (c) of Section 14 entitled “Disposition of Revenues” of Resolution No. 140 of 1967, entitled “Schuyler County Sales Tax” is REPEALED and a new subdivision (c) is added to such section 14 to read as follows: (c) As used in this section the following terms shall mean or include: (1) Net collections. The moneys collected from the taxes imposed by this resolution, after deducting therefrom expenses of administration and collection and amounts refunded or to be refunded. (2) General Town taxes. Taxes levied for any town purpose, including highways, upon the entire area of a town. (3) Full valuation of real property. The assessed valuation of real property divided by the equalization rate as determined in accordance with article eight of the New York State Real Property Tax Law. 142 SCHUYLER COUNTY LEGISLATURE (4) Part-town activities. Activities of town government, including highway programs, which are chargeable to the area of the town outside of villages, exclusive of special district purposes, unless such special district is a fire protection district coterminous with the area of a town outside of villages. Section 3. This Resolution shall take effect January 1, 2011. Vote: 7-0. RESOLUTION NO. 363 Motion by Fagan, Second by Marcellus. RE: RESOLUTION ESTABLISHING SALES AND USE TAX DISTRIBUTION FORMULA WHEREAS, in an effort to support and promote economic development and planning, the Schuyler County Legislature wishes to amend the sales tax distribution procedure in Schuyler County, and WHEREAS, the Legislature, in consideration of a recommendation by the Schuyler County Council of Governments, agrees to change the distribution procedure to allocate up to 4% of the gross sales tax received by the County to be dedicated to funding the County designated economic development agency and the County planning function, and WHEREAS, the remaining sales tax collected will be distributed utilizing the existing formula as specified in Section 14 of said resolution, and WHEREAS, the determination of funding levels will be done annually by the Legislature with input from the Council of Governments upon review of performance measures and outcomes of the County’s designated economic development agency and planning department. Said recommendation will be submitted to the full Legislature for review and consideration in determining the actual percentage for the following year pursuant to the terms and conditions outlined above. NOW, THEREFORE, BE IT RESOLVED, that effective January 1st, 2011 the Schuyler County Legislature will allocate up to 4% of the County’s share of sales tax proceeds for the purpose of funding economic development and planning. Vote: 7-0. RESOLUTION NO. 364 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE RESCINDING RESOLUTION NO. 329-09 TITLED “AUTHORIZE A LEASE AGREEMENT WITH EASTERN COPIER FOR A COPIER AT THE SHARED PUBLIC WORKS FACILITY – HIGHWAY DEPARTMENT” WHEREAS, Eastern Copy Products has acquired two very good copiers returned from a lease, and WHEREAS, the Purchasing Department has recommended that the Highway Department purchase one of these units versus proceeding with the lease agreement and recommends that the Legislature Rescind Resolution No. 329-09. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 329-09 is hereby rescinded. Vote: 7-0. RESOLUTION NO. 365 Motion by Fagan, Second by Yuhasz. 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 2009, for the budget year of 2010, for the Lamoka/Waneta Lakes Protection and Rehabilitation District shall be held on the 14th day of December, 2009 at 6:45 P.M. in the Legislative Chambers, 105 9th 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 Christine Kane, Clerk, Steuben County Legislature, the Director of Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer. Vote: 7-0. RESOLUTION NO. 366 Motion by Fagan, Second by Yuhasz. RE: RESOLUTION TO DENY APPLICATION FOR CORRECTED TAX ROLL – TOWN OF CATHARINE – REAL PROPERTY TAX WHEREAS, an application for correction of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL) for parcel 67.00-1-21.1 owned by Reynolds in the Town of PROCEEDINGS OF THE YEAR 2009 143 Catharine, and WHEREAS, the property owner alleges that the assessor failed to grant an agricultural building exemption that should have been applied to the town and county tax bill, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and has found that proper application for the exemption was apparently not made, and WHEREAS, it is the recommendation of the Director and the Management and Finance Committee to deny the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby denied. DISCUSSION: Legislator Fagan asked Mr. Keith Reynolds if he was here to discuss this Resolution. Mr. Reynolds said yes he was. He has been trying to get his property taxes straightened out for a long time now. He had built a barn and the assessor, Randy Deal, did a sneak attack assessment and placed it on the tax roll. He does not understand why the assessors just don’t come up and talk with property owners instead of the sneak attack method. He feels he is owed about $7,000.00 worth of credits on his taxes and he is not sure why Bev Morley cannot simply make the correction in a computer. He is out of work and said if the County would make a small change in their contract with the contractor’s they are using to build all of these buildings that they hire local, he would be working again. He has been working with Mr. Tom Bloodgood to get the correction made with no prevail. He feels his building qualifies as an agricultural building. He just does not understand why it is not being done. Legislator Fagan asked Mr. Reynolds how long the taxes have been accumulating. Mr. Reynolds said for about three years now. Legislator Fagan asked him why has waited so long to rectify the situation. Mr. Reynolds said he has been working with Mr. Bloodgood. Tom Bloodgood, Real Property Tax Director, said there is no evidence of the application being filed three years ago with the previous assessor. He spoke with previous assessor, Randy Deal, and he had no recollection of the application either. Legislator Fagan said the application only takes about fifteen minutes to complete to save taxes over ten years. Why didn’t you complete another application three years ago? Mr. Reynolds said a couple of weeks ago he was in the Real Property Tax office, the gentleman there retrieved a phone number for me and wrote it on his blotter. I called again a few days later and asked for the same phone number and he couldn’t get it for me. He had to call the Treasurer’s Office to get it. I told him he wrote it on his desk blotter. His reply was you should see my desk. He is sure that if this was a legislator’s money you all would care. It is just paperwork. With today’s technology with modern computers it should be very easy to calculate. I’m relying on you to get this fixed. Legislator Fagan asked Mr. Bloodgood if Mr. Reynolds’s taxes are arrears. Mr. Bloodgood said yes, three years in arrears. The barn was constructed in 2004. In 2004 he should have applied for the exemption. He should have noticed that it had not been applied for. Mr. Reynolds said that is why he called Randy Deal. This is extenuating circumstances. He is asking the Legislature to grant this exemption. Legislator Belier said it is up to the Legislature now and it will be determined now tonight at this meeting. If a taxpayer feels an exemption is in order, perhaps completed or even lost, I know if I filed and didn’t receive it, saw that it was added to the tax base, you can file a grievance. It is still possible, but the steps need to be taken. Mr. Bloodgood said Mr. Reynolds can go the board for an assessment review. However, he did not do that and that places him between a rock and hard place. He can find no record the application was submitted, the statue defines the process. His recommendation is that application be denied. Mr. Reynolds said he is also not sure how he wound up with four separate parcels. Legislator Fagan explained that if you hired Weiler Surveyors they would have filed this with the County Clerk on your behalf and the Clerk then acts on it. Vote: 6-1. No: Larison. RESOLUTION NO. 367 Motion by Fagan, Second by Yuhasz. RE: ACKNOWLEDGE APPOINTMENT OF SCHUYLER COUNTY ELECTION INSPECTORS – BOARD OF ELECTIONS WHEREAS, after completing the necessary training and upon certification the Schuyler County Board of Election Commissioners have made a recommendation of 7 individuals to be appointed as Election Inspectors. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment of Gitanjali Devi, Carlene Swick and Joseph T. Orbin as Schuyler County Democratic Election 144 SCHUYLER COUNTY LEGISLATURE Inspectors, and Mae Harrison, Carol A. Kellogg and Eleanor Joyce Soule and Jamee Mack as Schuyler County Republican Inspectors for a one year term commencing November 9, 2009 through July 14, 2010. Vote: 7-0. RESOLUTION NO. 368 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE PURCHASE OF ITEMS REQUIRED TO MOVE DEPARTMENTS INTO SHARED PUBLIC WORKS FACILITY – BUILDINGS & GROUNDS WHEREAS, the Shared Public Works Facility building is almost complete, and WHEREAS, window treatments, furniture and other items are required to complete the capital project before moving Departments into the new facility, and WHEREAS, all purchases will be made in accordance with the Schuyler County Purchasing Policy. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby give the Building Maintenance Supervisor the authority to purchase these needed items, in consultation with the County Administrator, and BE IT FURTHER RESOLVED, that no purchases will be made in excess of the project contingency budget, and BE IT FURTHER RESOLVED, that the funding for these purchases is available in the 004.1620.211 Capital Account contingency. Vote: 7-0. RESOLUTION NO. 369 Motion by Fagan, Second by Yuhasz. RE: RESOLUTION STATING THAT ALL ELECTED OFFICIALS ON THE PAYROLL SHALL FORGO THEIR 2010 PAY RAISE WHEREAS, the Legislators, County Clerk, Treasurer, Sheriff and District Attorney all have volunteered to forgo their salary increase for the year 2010 to assist the County with its difficult budget cuts. NOW, THEREFORE, BE IT RESOLVED, all of the above named Elected Officials on the payroll will remain at their current 2009 salary for the year 2010. Vote: 7-0. RESOLUTION NO. 370 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE RESCINDING RESOLUTION NO. 258-09 TITLED “AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES” WHEREAS, all management, non-union employees have voluntarily forfeited any salary increase for 2010 due to budget constraints, thus necessitating the COLA increase for the Management/Confidential salary ranges for the 2010 budget year to be rescinded. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 258-09 is hereby rescinded. Vote: 7-0. RESOLUTION NO. 371 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH AULT INTERNATIONAL MEDICAL MANAGEMENT (AIMM) FOR CASE MANAGEMENT SERVICES – HUMAN RESOURCES WHEREAS, the Human Resources Department in collaboration with its health insurance broker has been exploring options to control health insurance costs for 2010, and WHEREAS, as part of this effort, it is recommended that the county contract with AIMM for case management services, to include: Utilization Management – Pre-cert Plus Maternity Management Nurse on Call Catastrophic Case Management Light Case Management Transplant Coordination Comprehensive Risk Assessment Survey, and WHEREAS, the potential hard and soft dollars savings from implementation of this program are significant. PROCEEDINGS OF THE YEAR 2009 145 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with AIMM for Case Management Services for the term January 1, 2010 through December 31, 2010 at a cost of $5 per employee per month, funding available in the 2010 budget account no. 009.9060.807; subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 372 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH LEXIS-NEXIS – PUBLIC DEFENDER WHEREAS, the Public Defender’s Office is in need of on-line legal research, and WHEREAS, Lexis-Nexis is offering a two-year contract locking the Public Defender’s Office in at a rate of $115 per month for the first year and $120 per month for the second year, and WHEREAS, the Public Defender’s Office is currently paying $121 per month, and as of January 2010 the rate is going up to $133 per month, thus making the two-year lock-in rate a savings to the County of approximately $400 over two years. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Lexis-Nexis for the Public Defender’s Office for on-line legal research for the term February 1, 2010 through January 31, 2012, funding available in the 2010 Public Defender budget account no. 1170.407, subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 373 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE APPLICATION FOR 2010 SECTION 5311 ANNUAL OPERATING ASSISTANCE WHEREAS, the County of Schuyler is submitting a request for a grant of funds to the New York State Department of Transportation, pursuant to Section 5311, Title 49 United States Code, for new fixed-route and complementary paratransit service in Schuyler County, and from Schuyler County to and from adjacent counties for 2010, and WHEREAS, the County of Schuyler and the State of New York have entered into a continuing Agreement which authorizes the undertaking of the Project and payment of the Federal Share. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to act on behalf of the County of Schuyler to sign the annual grant application and process and complete the above named project, and BE IT FURTHER RESOLVED, that the County of Schuyler will be contracting with a third party subcontractor for the project described above, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to sign any contracts or agreements between the County of Schuyler and any third party subcontractor necessary to complete the above named Project, subject to approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 374 Motion by Fagan, Second by Yuhasz. RE: DISPOSITION OF CLAIM/AUTHORIZE TRANSFER OF FUNDS – SHERIFF’S DEPARTMENT WHEREAS, a former employee of the Schuyler County Sheriff’s Department has obtained a favorable ruling from the State Division of Human Rights regarding her claim of unfair treatment in assignments, and WHEREAS, the claimant has agreed to settle the matter and preclude further litigation for damages and attorney fees. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign the settlement agreement with Amy K. Lucero in the sum of $5,000 to be paid from account no. 1930.400- Judgment and Claims, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the amount of $1,500 from the Sheriff’s account no. 3150.501-Telephone–Medical Emergency into account no. 1930.400- Judgments and Claims to pay said settlement. Vote: 7-0. RESOLUTION NO. 375 Motion by Fagan, Second by Yuhasz. RE: DISPOSITION OF CLAIM/AUTHORIZE TRANSFER OF FUNDS – SHERIFF’S DEPARTMENT 146 SCHUYLER COUNTY LEGISLATURE WHEREAS, all non-union employees, including management/confidential, elected officials, attorneys, psychiatrist, etc., have voluntarily waived their 2010 pay increase in an effort to help with budget constraints, and WHEREAS, the Legislature, in recognition and appreciation of this offer, will freeze the dollar amount of these employees’ medical insurance contribution at the 2009 rate. NOW, THEREFORE, BE IT RESOLVED, that the health insurance rate for all non-union employees for 2010 shall be as follows: Medical Active Non-Union Employees (Mgt) Individual $501.66 Family $1279.20 Dental Active Non-Union Employees (Mgt) Individual $17.28 Family $60.48 Vision Active Non-Union Employees (Mgt) Individual $5.25 Family $13.65 BE IT FURTHER RESOLVED, that the non-union employee contribution level will remain the same for 2010. Vote: 7-0. RESOLUTION NO. 376 Motion by Fagan, Second by Yuhasz. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – HOSPITAL AND MEDICAL INSURANCE BE IT RESOLVED, that the Tentative Budget for 2010 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$151,000 009.9060.1191 Hospital & Medical Reimbursement Revenue Vote: 7-0. RESOLUTION NO. 377 Motion by Fagan, Second by Yuhasz. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – LEGISLATIVE OFFICE BE IT RESOLVED, that the Tentative Budget for 2010 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$800 1010.459 Staff Training Vote: 7-0. RESOLUTION NO. 378 Motion by Fagan, Second by Bleiler. RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, REPEALING AN EXEMPTION 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, PURSUANT TO THE AUTHORITY OF ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK. - FAILED Be it enacted by the Legislature of the County of Schuyler , as follows: SECTION 1. Subdivision (k) of section six of Resolution No. 140, of November 27, 1967, as amended, is hereby REPEALED. SECTION 2. This resolution shall take effect March 1, 2010 and shall apply in accordance with applicable transitional provisions of the New York Tax Law. DISCUSSION: Legislator Bleiler called for the point of order. He said the agenda should have been changed, but he’ll be quiet. Legislator Larison asked if adding the sales tax back on clothing would make a difference in the number of lay off’s. Legislator Fagan said their salaries and local share does vary per position. The numbers where discussed. Administrator O’Hearn, said it may restore some, but not all positions. He would have to revisit the numbers again. It may save four positions, but they have bumping rights. This would simply move them into different positions. I believe the number to restore all positions would be about $129,000. Chairman Gifford said the vacancies would remain vacant though. Legislator Fagan said he is looking at this tax as a way to prevent layoffs, improve moral and improve negotiations going forward. We may have to look at staff cuts at a later time. Legislator Bleiler said the State Legislature passed the budget last year and went PROCEEDINGS OF THE YEAR 2009 147 back to the table and took an additional 10 % in cuts. He feels they will go back to the table and do that again. We just don’t know what is going to happen there. The increase in sales tax on clothing may happen anyway, and we may not have a choice. He feels any funds they raise from the sales tax on clothing will be taken somewhere else and they will be lucky if it balances out. He feels they should save this for next year’s budget discussion. He also feels that if the unions had given up their raises as the exempt employees did, it would have saved money and possibly layoffs. Management did this and it saved the County approximately $100,000. He knows that they cannot just re-open contracts. They need cuts, and feels everyone should give up something. Legislator Larison said that if the pension numbers continue to increase and Legislator Belier is correct, they will need that bumper in 2010 for the 2011 budget. Legislator Fagan said he feels they are wrong in not enacting this now versus letting the State do it later. How can you expect union concessions without going after this sales tax? All management employees took a hit. Even all elected officials, such as themselves took a hit and are not getting raises. The unions need to do the same. Re-enacting the clothing tax may help avoid cuts in the future. Legislator Marcellus said they finally have a thriving down town area and he does not want anything to happen to that. That is a rarity. If we are talking only four positions, he would rather see us use the fund balance to reinstate them. In regards to the union concessions, he feels they could come up with a Health Care agenda for all local governments and they could see potential saving here and now. Legislator Yuhasz said this tax is beneficial to the County taxpayer. Vote: 3-4. Noes: Marcellus, Karius, Bleiler and Larison. RESOLUTION NO. 379A Motion by Fagan, Second by Bleiler. RE: MOTION TO TABLE RESOLUTIONS NO. 379, 380 AND 381 BE IT RESOLVED, that Resolutions No. 379, 380 and 381 be tabled and placed on a Special Meeting of the Legislature agenda tentatively scheduled for December 9, 2009. Vote: 7-0. RESOLUTION NO. 379 TABLED RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2010 -TABLED 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 2010 would be held at 6:30 P.M. on November 9, 2009, in the Human Services Complex, Room 120, 323 Owego Street, Montour Falls, NY , and WHEREAS, the above-mentioned Public Hearing was held on November 9, 2009 at said time and place. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2010 as presented by the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the Schuyler County Legislature, to raise $ by tax levy, be adopted. RESOLUTION NO. 380 TABLED RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2010" - TABLED WHEREAS, the Schuyler County Legislature by Resolution No.___, dated November 9, 2009, has adopted a budget for fiscal year 2010. NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the column entitled "2010" as amended, be, and the same hereby are, appropriated for the objects and purposes specified, effective January 1, 2010. RESOLUTION NO. 381 TABLED RE: 2010 BUDGET OF $ : LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN - TABLED 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, 2009, 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, 2009 the required certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler County. NEW BUSINESS: None. 148 SCHUYLER COUNTY LEGISLATURE OLD BUSINESS: Legislator Bleiler stated that Phil Yaw, who lost a daughter in a swimming pool accident was at a past regular meeting and asked that the Legislature improve our code enforcement regarding swimming pools. Our Emergency Management Director, Bill Kennedy, has agreed to work with the public regarding swimming pool safety education. He wanted to also thank Administrator O’Hearn for a job well done with the budget presentation. He also wanted to personally thank all of the Department Heads for doing a good job. He then thanked the Management and Confidential employees for their pay freeze to help balance the budget too. He is glad he is retiring and he wishes this Legislature a lot of luck next year. Legislator Karius thanked Legislator Bleiler for his years of service. She said he will be missed. She also thanked Administrator O’Hearn for a job well done this year. Legislator Yuhasz also thanked Legislator Bleiler and Administrator O’Hearn for their hard work. Legislator Fagan said he personally would like to thank the Clerk of the Legislature and the Administrator. It has been the toughest budget process in a long time. The management personnel will feel the brunt of it over the next year with offering no pay raise for next year. He does not agree with the union’s position not to re-open their contracts, but a contract is a contract. However, he is upset that it has been all about the layoffs. What about the twenty-six employees that will have their forty hour work week reduced to thirty-five hours next year. He did not hear the union speak up regarding that issue tonight. He feels the pain should be felt by all. PUBLIC PARTICIPATION: Taylor Peck, a former Community Services employee, said he is glad they are taking the time to get more information. There are other ideas out there. The Health Insurance industry helps create jobs. He feel there is room in the budget for adjustments. Legislator Fagan stated that the County is now self funded with its Health Insurance and they have costs that they have no control over with pensions. He feels they would not have to do this if everyone gave up something. Colleen Wheaton, CSEA Representative, said she will not re- open the union contract. A contract is a contract. Legislator Marcellus reported that for those of you that may not know, the Department of Environmenal Conservation (DEC) has extended the public comment time regarding the gas drilling until December 31, 2009. The Meeting adjourned at 8:58 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

SPECIAL MEETING NOVEMBER 24, 2009

The November 24, 2009 Special Meeting of the Legislature was called to order at 9:00 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan followed by a moment of Silence. All Legislators were present. County Administrator Tim O’Hearn and County Attorney James Coleman were also present. PUBLIC PARTICIPATION: Sue Brill wanted to clarify that the notice of this meeting was not in the County’s legal newspaper or on the electronic Legislative Calendar. The Clerk of the Legislature explained that the meeting was called last week and the legal newspaper only publishes on Wednesday, which would be tomorrow. It is on the electronic version and on the public calendar in the hallway which is, by law, the legal public posting requirement. It was also published in the Daily News on Monday. The electronic Outlook version is just a benefit to County employees. Charlotte Dickens, a Social Services employee, said she is concerned about the extra workload with the pending layoffs. Jill Wicker, a Social Services employee, asked if the legislators all received the letter from Tammy Brown given to them today. There is a domino effect if they lose a position in the department. Transportation will now have to be picked up by caseworkers. She asked if they all considered this ahead of time. Chairman Gifford said yes they did review all of the factors. Jill said she feels other options should have been pursued PROCEEDINGS OF THE YEAR 2009 149 and they should have spent money differently. Everyone gives a little and cuts a little bit. We will all need these services as we get older. RESOLUTION NO. 382 Motion by Karius, Second by Marcellus. 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. AUTHORIZE TRANSFER OF FUNDS FOR VAN – SOCIAL SERVICES 2. MOTION TO BRING RESOLUTIONS NO. 379, 380 & 381 OFF THE TABLE FOR A VOTE TO ADOPT THE 2010 BUDGET 3. LAYOFF CERTAIN POSITIONS – SOCIAL SERVICES 4. LAYOFF CERTAIN POSITIONS – COMMUNITY SERVICES 5. DECREASE WATERSHED INSPECTOR ASSISTANT POSITION FROM A 35 HOUR WORK WEEK TO A 28 HOUR WORK WEEK - PUBLIC HEALTH Vote: 8-0. RESOLUTION NO. 383 Motion by Larison, Second by Marcellus. RE: AUTHORIZE TRANSFER OF FUNDS FOR VAN – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services needs to replace its Mobile Work Crew van and has funds available in another account, and WHEREAS, the price of the van is scheduled to increase after the first of the year. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2009 budget as follows: Amount Account No. Description + $22,000 6010.204 Vehicles - $22,000 6123.400 Juvenile Delinquency + $11,000 6010.4610 Federal – Administration - $11,000 6123.3623 State Aid – Juvenile Delinquency Vote: 8-0. RESOLUTION NO. 384 Motion by Larison, Second by Marcellus. RE: MOTION TO BRING RESOLUTIONS NO. 379, 380 AND 381 OFF THE TABLE FOR A VOTE TO ADOPT THE 2010 BUDGET BE IT RESOLVED, that Resolutions No. 379, 380 and 381 be removed from the table for a vote to adopt the 2010 budget. Vote: 8-0. RESOLUTION NO. 379 Motion by Larison, Second by Marcellus. RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2010 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 2010 would be held at 6:30 P.M. on November 9, 2009, in the Human Services Complex, Room 120, 323 Owego Street, Montour Falls, NY , and WHEREAS, the above-mentioned Public Hearing was held on November 9, 2009 at said time and place. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2010 as presented by the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the Schuyler County Legislature, to raise $9,677,835.00 by tax levy, be adopted. DISCUSSION: Legislator Fagan said he will be voting no on the budget because of the sales tax issue not being adopted. He thanked the Administrator and the Clerk of the Legislature for their hard work and efforts during the budget process. He then read from a statement. “I realize that this sales tax issue has been tied to layoffs and CSEA’s refusal to re-negotiate their existing contract. I certainly understand the majority’s stance on layoffs versus the union’s unwillingness to negotiate. I supported this position during the budget process. However, as that process wound down, we found the Union was intransigent in opening their contract. I re- assessed my initial position and felt that increasing revenue on clothing sales tax was preferable to laying off four workers. I don’t see this as a sign of weakness, but rather one of compassion. As to the rational for 150 SCHUYLER COUNTY LEGISLATURE keeping the sales tax exemption on clothing, two issues resonated with me. First was the concern of what impact the State’s budget situation may have on the County. If this were truly a concern, we should eliminate the Sales tax exemption and increase our revenues by $150K and our contingency account by $150k. But since this action isn’t being contemplated, I believe this concern is basically hollow. The second issue is, not wanting to raise taxes by eliminating the exemption on clothing sales tax. If we were really concerned with raising taxes, we should tax the increase in revenue from the clothing sales tax and apply this revenue to further reduce our tax rate in 2010 such that all taxpayers can benefit as opposed to our current beneficiaries being a few retailers and those residents who buy clothing in the County.” Legislator Yuhasz said he feels it is morally irresponsible to lay off employees and not remove the exemption on the clothing tax. Legislator Larison said a tax is a tax and that would be raising taxes. He feels either tax would affect everyone either way. Vote: 6-2. Noes: Fagan and Yuhasz. RESOLUTION NO. 380 Motion by Larison, Second by Marcellus. RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2010" WHEREAS, the Schuyler County Legislature by Resolution No. 379-09, dated November 24, 2009, has adopted a budget for fiscal year 2010. NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the column entitled "2010" as amended, be, and the same hereby are, appropriated for the objects and purposes specified, effective January 1, 2010. Vote: 6-2. Noes: Fagan and Yuhasz. RESOLUTION NO. 381 Motion by Larison, Second by Marcellus. RE: 2010 BUDGET OF $45,173,900.00: 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, 2009, 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, 2009 the required certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler County. Vote: 6-2. Noes: Fagan and Yuhasz. RESOLUTION NO. 385 Motion by Larison, Second by Marcellus. RE: LAYOFF CERTAIN POSITIONS – SOCIAL SERVICES WHEREAS, due to financial restraints this Legislature has found it necessary to eliminate monies from various .100 (Personnel Accounts) in its 2010 budget, which results in a need to lay off people in various positions throughout the County. NOW, THEREFORE, BE IT RESOLVED, that employees in the Social Services Department be laid off effective December 31, 2009 as follows: One (1) Keyboard Specialist/Driver One (1) Senior Social Welfare Examiner Vote: 6-2. Noes: Fagan and Yuhasz. RESOLUTION NO. 386 Motion by Marcellus, Second by Larison. RE: LAYOFF CERTAIN POSITIONS – COMMUNITY SERVICES – AS AMENDED WHEREAS, due to financial restraints this Legislature has found it necessary to eliminate monies from various .100 (Personnel Accounts) in its 2010 budget, which results in a need to lay off people in various positions throughout the County. NOW, THEREFORE, BE IT RESOLVED, that employees in the Community Services Department be laid off effective December 31, 2009 as follows: One (1) Senior Staff Social Worker One (1) Keyboard Specialist, and BE IT FURTHER RESOLVED, that one (1) Staff Social Worker in the Community Services be laid off PROCEEDINGS OF THE YEAR 2009 151 effective February 21, 2010. Vote: 6-2. Noes: Fagan and Yuhasz. RESOLUTION NO. 387 Motion by Karius, Second by Marcellus. RE: DECREASE WATERSHED INSPECTOR ASSISTANT POSITION FROM A 35 HOUR WORK WEEK TO A 28 HOUR WORK WEEK - PUBLIC HEALTH WHEREAS, due to financial restraints this Legislature has found it necessary to eliminate monies from various .100 (Personnel Accounts) in its 2010 budget, which results in a need to reduce hours and salaries as well as lay off people in various positions throughout the County. NOW, THEREFORE, BE IT RESOLVED, that the Public Health Watershed Inspector Assistant hours be reduced from a 35 hour a week position to a 28 hour per week position effective January 1, 2010. Vote: 8-0. PUBLIC PARTICIPATION: Tammy Brown, CSEA Administrative Unit President, said she is disappointed that the Legislature did not deem her offer to re-negotiate a three or four year contract to assist with issue at hand. The Meeting adjourned at 9:13 a.m. Stacy B. Husted, Clerk

REGULAR MEETING DECEMBER 14, 2009

The December 14, 2009 Regular Meeting of the Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Marcellus followed by a moment of Silence. All Legislators were present. County Administrator Tim O’Hearn and County Attorney James Coleman were also present. Chairman Gifford presented Legislator Bleiler with a certificate of recognition plaque for his years of service at 6:30 p.m. PUBLIC PARTICIPATUION: None 6:45 P.M.: PUBLIC HEARING ON THE ASSESSMENT ROLL FOR THE YEAR 2009, FOR THE BUDGET YEAT OF 2010 FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT. None. RESOLUTION NO. 388 Motion by Karius, Second by Marcellus. RE: APPROVE MINUTES OF THE NOVEMBER 9, 2009 PUBLIC HEARING ON THE 2010 TENTATIVE BUDGET, THE NOVEMBER 9, 2009 REGULAR MEETING AND THE NOVEMBER 24, 2009 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the November 9, 2009 Public Hearing on the 2010 Tentative Budget, November 9, 2009 Regular Meeting and the November 24, 2009 Special Meeting of the Schuyler County Legislature be approved. Vote: 8-0. RESOLUTION NO. 389 Motion by Larison, Second by Field. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2010/2011 NEW YORK STATE VAWA RECOVERY 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 with retaining a designated prosecutor for violence against women, train law enforcement and identify and correct issues in our County regarding prosecution of violent crimes against woman, and WHEREAS, this Grant is estimated to be in the amount of $50,000 with no County match. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2010/2011 NYS VAWA Recovery Grant, and 152 SCHUYLER COUNTY LEGISLATURE BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $50,000 with no County match, said documents subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 390 Motion by Larison, Second by Field. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2009/2010 NEW YORK STATE VAWA STOP FORMULA 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 with retaining a designated prosecutor for violence against women, and WHEREAS, this Grant is estimated to be in the amount of $37,855 with no County match. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2009/2010 NYS VAWA STOP Formula Award, 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 $37,855 with no County match, said documents subject to approval by the Schuyler County Attorney. Vote: 8-0. WITHDRAWN RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF FUNDS FOR 2009/2010 OPERATION IMPACT TOOLS GRANT - DISTRICT ATTORNEY- WITHDRAWN WHEREAS, NYS Division of Criminal Justice Services has grant funding available for the purpose of assisting the Schuyler County District Attorney’s Office in reducing target crimes in the County, and WHEREAS, this Grant is estimated to be in the amount of $34,064 with a 20% County match ($8,515.00) cash or in kind. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2009/2010 Operation Impact Tools 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 $34,064 with a 20% County match ($8,515.00) cash or in kind in the 2010 Budget, said documents subject to approval of the Schuyler County Attorney. RESOLUTION NO. 391 Motion by Larison, Second by Field. RE: AUTHORIZE TRANSFER OF FUNDS FOR JAIL PERSONNEL SERVICES – SHERIFF’S OFFICE WHEREAS, the Schuyler County Sheriff’s Office has nearly expended its budget for the Jail Personnel Services and Overtime accounts, and WHEREAS, there are sufficient funds in the Sheriff Personnel Services and overtime accounts to transfer. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to make the following transfers in the Sheriff’s Department 2009 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$115,000 3150.100 Personnel Services -$115,000 3110.100 Personnel Services +$15,000 3150.101 Personnel Services Overtime -$15,000 3110.101 Personnel Services Overtime Vote: 8-0. RESOLUTION NO. 392 Motion by Larison, Second by Marcellus. RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2010 AND RELATED CONTRACTS – YOUTH BUREAU WHEREAS, the Schuyler County Youth Bureau has prepared and the Schuyler County Legislature has approved a Resource Allocation Plan for the year 2010 and recommends approval thereof. PROCEEDINGS OF THE YEAR 2009 153 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 2010 within budgeted allocations, subject to approval of the Schuyler County Attorney, as follows: Cornell Cooperative Extension Catholic Charities of the Southern Tier Community Dispute Resolution Center Vote: 8-0. RESOLUTION NO. 393 Motion by Larison, Marcellus. RE: DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU WHEREAS, the New York Office of Children and Family Services (OCFS) allows the County Chief Executive to delegate authority to their County’s Youth Bureau Directors to sign all amendments to their County’s approved allocation plan, and WHEREAS, Schuyler County has already given authority to their Youth Bureau Director to sign amendments to the fullest extent of his/her authority by OCFS standards. NOW THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize its Chairman to delegate authority to the Schuyler County Youth Bureau Director to sign OCFS amendments to the Schuler 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: 8-0. RESOLUTION NO. 394 Motion by Larison, Second by Marcellus. RE: AUTHORIZE RENEWAL OF AGREEMENT WITH CATHOLIC CHARITIES TO PROVIDE CRISIS AND PREVENTION WORKERS FOR THE FAMILIES FIRST PERSON IN NEED OF SUPERVISION (PINS) DIVERSION PROGRAM-YOUTH BUREAU WHEREAS, there is a need for Crisis And Prevention (CAP) workers in the Families First program to administer the Persons in Need of Supervision (PINS) Diversion program, and WHEREAS, the Department of Social Services contracts with the Youth Bureau to oversee the PINS Diversion program and has funds available through the Flexible Fund for Family Services to pay for the agreement, and WHEREAS, the Youth Bureau contracted with Catholic Charities for the two (2) CAP workers in 2009. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a renewal agreement with Catholic Charities at a cost not to exceed $107,000 for the term of January 1, 2010 through December 31, 2010, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 395 Motion by Fagan, Second by Larison. RE: AUTHORIZE CONTRACT RENEWALS FOR 2010 WITH PROBATION, PUBLIC HEALTH, MENTAL HEALTH, OFFICE FOR THE AGING AND SOCIAL SERVICES FOR THE FAMILIES FIRST PROGRAM - YOUTH BUREAU WHEREAS, the Youth Bureau is the coordinating department of the Families First program, and WHEREAS, each of the following departments, Social Services, Mental Health, Public Health, and Probation have money in their respective budgets to support the Families First program for the year 2010. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into contract renewals with the following departments for the year 2010, subject to the approval of the Schuyler County Attorney: Department of Social Services Mental Health Public Health Probation Office for the Aging Vote: 8-0. 154 SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 396 Motion by Fagan, Second by Larison. RE: AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD - COMMUNITY SERVICES WHEREAS, Resolution 23-09 establishes there is no term limits for Community Services Board and Subcommittee members, and WHEREAS, there is a vacancy on the Community Services Board, and WHEREAS, Nan Woodworth-Shaw has expressed interest in serving on the Community Services Board. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Nan Woodworth-Shaw to the Community Services Board to complete the term December 15, 2009 through December 31, 2011. Vote: 8-0. RESOLUTION NO. 397 Motion by Fagan, Second by Larison. RE: AUTHORIZE AGREEMENT RENEWAL FOR WASTEWATER MANAGEMENT INTERMUNICIPAL AGREEMENT - PUBLIC HEALTH WHEREAS, the Watershed Protection Agency wishes to continue the Intermunicipal Agreement to act as agent of the Town of Orange and the Town of Tyrone, and WHEREAS, the Watershed Protection Agency will be authorized to receive payment from the Protection District for the wastewater inspection program, and WHEREAS, the sum of $15,000 will be paid to the Watershed Protection Agency for the inspection program for each year. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement between Public Health Watershed Protection Agency and the Towns of Orange and Tyrone, for the provision of wastewater inspections for the period January 1, 2010 through December 31, 2011, at no local share cost, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 398 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE AGREEMENT BETWEEN THE TOWN OF WAYNE AND THE WATERSHED PROTECTION AGENCY FOR INSPECTION OF WASTEWATER TREATMENT SYSTEMS – PUBLIC HEALTH WHEREAS, the Town of Wayne will provide inspections of onsite wastewater treatment systems pursuant to their local wastewater management law, and WHEREAS, the inspections will be conducted by the Town Watershed Inspector within the Lamoka Waneta Lake Protection district for Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement between the Town of Wayne and the Watershed Protection Agency, Public Health for the inspection of Wastewater Treatment Systems for the term January 1, 2010 through December 31, 2011, in an amount not to exceed $4,000 each year, funding for 2010 available in the Public Health budget, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 399 Motion by Fagan, Second by Yuhasz. RE: ACCEPT AND ESTABLISH THE AMERICAN RECOVERY AND REINVESTMENT ACT FOR IMMUNIZATION (ARRA) OF 2009 GRANT – PUBLIC HEALTH WHEREAS, the Public Health Department has received a grant from the American Recovery and Reinvestment Act (ARRA) for 2009 Immunizations with the NYS Department of Health in the amount of $20,000.00, and WHEREAS, the grant will be for the period October 1, 2009 through March31, 2011. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the grant, subject to the approval of the Schuyler County Attorney, and PROCEEDINGS OF THE YEAR 2009 155 BE IT FURTHER RESOLVED, that the County Treasurer be directed to establish the American Recovery and Reinvestment Act for Immunization (ARRA) of 2009 with NYS Department of Health grant, in cooperation with the Public Health Department. Vote: 8-0. RESOLUTION NO. 400 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS TO REPLENISH COMMUNITY SERVICES BOARD RESERVE ACCOUNT – COMMUNITY SERVICES WHEREAS, Resolution 482-98 established a Community Services Board reserve account of $50,000 to cover expenses related to major projects and repairs at the Mill Creek Center building, and WHEREAS, this reserve has been utilized for payments of authorized repairs since that time, and WHEREAS, Resolution 250-09 authorized the transfer of $25,000 from the reserve account to account 4310.426 Maintenance of Equipment to cover anticipated repairs for 2009. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer any unspent funds from account 4310.426 back to the reserve account, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer any remaining available funds from the 2009 Community Services Budget to replenish this reserve up to, but not to exceed, the authorized amount of $50,000. Vote: 8-0. RESOLUTION NO. 401 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH CORNELL COOPERATIVE EXTENSION FOR FOOD STAMP NUTRITION PROGRAM – SOCIAL SERVICES WHEREAS, the New York State Office of Temporary and Disability Assistance by letter dated October 13, 2009 notified the Department of Social Services of the approval of Cornell Cooperative Extension’s Food Stamp Nutrition Plan (FSNEP) program in the amount of $155,776 ($77,888 non-federal funds and $77,888 federal funds) with Cornell Cooperative Extension matching local share at no cost to the County for the period October 1, 2009 through September 30, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Cornell Cooperative Extension for the New York State’s Food Stamp Nutrition Education Plan for the period October 1, 2009 through September 30, 2010, funding available in the Department of Social Services account no. 6010.566, subject to the approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 402 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN – CHANGE GRADE OF DIRECTOR OF WEIGHTS AND MEASURES A / AUTHORIZE INCREASE IN HOURS OF POSITION TO 35 HOURS PER WEEK WHEREAS, the Director of Weights and Measures A will assume additional shared services responsibilities with Chemung County as of January 1, 2010, and WHEREAS, these additional job responsibilities need to be appropriately considered in the grade level placement and salary of the Director of Weights and Measures A, and WHEREAS, the County Administrator and the Human Resources Director have completed the following factor rating for the position of Director of Weights and Measures A: I Accountability 90 II Complexity of Duties 30 III Experience/Knowledge 34 IV External Contacts 30 V Independent Judgment 25 VI Internal Contact 30 VII Impact on Programs/Adm 75 VIII Interpersonal Skills 40 IX Supervision/Leadership 25 156 SCHUYLER COUNTY LEGISLATURE TOTAL 379 = Grade D, plus given one grade level credit for additional responsibilities with Chemung County for a final grade level of E, and WHEREAS, these additional job responsibilities requires the hours for the position to be increased to full-time, 35 hours per week. NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the change of the Director of Weights and Measures A with the above factor rating in salary grade E, effective January 1, 2010, and BE IT FURTHER RESOLVED, that this Legislature hereby authorizes and sets the 2010 annual salary of Clifford Boyce, Director of Weights and Measures A at $43,000, said position to become full-time, 35 hours per week, effective January 1, 2010, with funding already present in the department’s 2010 budget. Vote: 8-0. RESOLUTION NO. 403 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AN INTERMUNICIPAL AGREEMENT WITH CHEMUNG COUNTY FOR SHARED SERVICES – WEIGHTS & MEASURES WHEREAS, Chemung County is in need of technical services in their Weights and Measures Department, and, WHEREAS, Schuyler County Weights and Measures Director works 15 hours per week, and is willing to provide Chemung County with the necessary services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an Intermunicipal agreement with Chemung County for weights and measures technical services for the period commencing January 1, 2010 through December 31, 2012; Chemung County to pay Schuyler County $35,000 for the year 2010 for said services, and to include any other negotiated benefits, i.e. vehicle, cell phone, etc.; agreement subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 404 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH CLIMATE CONTROL TECHNOLOGIES, INC. – BUILDINGS & GROUNDS WHEREAS, the HVAC System at Mill Creek Center is in need of an upgraded control unit, and WHEREAS, the Direct Digital Controls (DDC) requires the services of a trained software engineer, licensed to own and use headend supervision and programming software, and WHEREAS, Climate Control Technologies, Inc. has agreed to provide these services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract with Climate Control Technologies, Inc., 33 Brookside Avenue, Endwell, NY 13760 for a cost not to exceed $7,300 for this repair, if funding is available in the Community Services Board Reserve account no. 4310.426, if not funding is available in the 2009 budget, account no. 1620.490, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 405 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE LEASE AGREEMENT WITH SCHUYLER COUNTY WATERSHED - BUILDINGS AND GROUNDS WHEREAS, the Schuyler County Watershed Department will occupy the following space at the new Shared Public Works Facility, 910 South Decatur Street, Watkins Glen, and Lease Amount Square Feet for 2010 Watershed 1,561 $1,679.54 WHEREAS, this contract will begin on January 1, 2010 and continue through the duration of the debt service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Schuyler County Watershed for use of 1,561 square feet at a total cost of One Thousand Six Hundred Seventy Nine and 54/100 dollars ($1,679.54) for 2010, subject to the approval of the Schuyler County Attorney. PROCEEDINGS OF THE YEAR 2009 157 BE IT FURTHER RESOLVED, that each subsequent year the lease payment shall be set and calculated by the percentage of square feet times the debt service. Vote: 8-0. RESOLUTION NO. 406 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE LEASE AGREEMENT WITH SCHUYLER COUNTY WEIGHTS & MEASURES - BUILDINGS AND GROUNDS WHEREAS, the Schuyler County Weights & Measures Department will occupy the following space at the new Shared Public Works Facility, 910 South Decatur Street, Watkins Glen, and Lease Amount Square Feet for 2010 Weights & Measures 211 $227.80 WHEREAS, this contract will begin on January 1, 2010 and continue through the duration of the debt service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Schuyler County Weights & Measures for use of 211 square feet at a total cost of Two Hundred Twenty Seven and 80/100 dollars ($227.80) for 2010, subject to the approval of the Schuyler County Attorney. BE IT FURTHER RESOLVED, that each subsequent year the lease payment shall be set and calculated by the percentage of square feet times the debt service. Vote: 8-0. RESOLUTION NO. 407 Motion by Larison, Second by Field. RE: AUTHORIZE LEASE AGREEMENT WITH THE VILLAGE OF WATKINS GLEN - BUILDINGS AND GROUNDS WHEREAS, the Village of Watkins Glen will occupy the following space at the new Shared Public Works Facility, 910 South Decatur Street, Watkins Glen, and Lease Amount Square Feet for 2010 Village of Watkins Glen 8,879 $9,552.11 WHEREAS, this contract will begin on January 1, 2010 and continue through the duration of the debt service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with the Village of Watkins Glen for use of 8,879 square feet at a total cost of Nine Thousand Five Hundred Fifty Two and 11/100 dollars ($9,552.11) for 2010, subject to the approval of the Schuyler County Attorney. BE IT FURTHER RESOLVED, that each subsequent year the lease payment shall be set and calculated by the percentage of square feet times the debt service. Vote: 8-0. RESOLUTION NO. 408 Motion by Larison, Second by Field. RE: AUTHORIZE LEASE AGREEMENT WITH SCHUYLER COUNTY HIGHWAY – BUILDINGS AND GROUNDS WHEREAS, the Schuyler County Highway Department will occupy the following space at the new Shared Public Works Facility, 910 South Decatur Street, Watkins Glen, and Lease Amount Square Feet for 2010 Account No. County Road 702 $752.90 5010.446 County Machinery 21,696 $23,339.75 5130.446 Central Garage 1,097 $1,181.47 1640.446 Total 23,495 $25,274.12

WHEREAS, this contract will begin on January 1, 2010 and continue through the duration of the debt service. 158 SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Schuyler County Highway for use of 23,495 square feet at a total cost of Twenty Five Thousand Two Hundred Seventy Four and 12/100 dollars ($25,274.12) for 2010, subject to the approval of the Schuyler County Attorney. BE IT FURTHER RESOLVED, that each subsequent year the lease payment shall be set and calculated by the percentage of square feet times the debt service. Vote: 8-0. RESOLUTION NO. 409 Motion by Larison, Second by Field. RE: AUTHORIZE ONGOING CONTRACT WITH VILLAGE OF WATKINS GLEN FOR PHONE SERVICE – BUILDINGS AND GROUNDS BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an ongoing contract with the Village of Watkins Glen for telephone service in the Schuyler County Shared Public Works Facility at a cost to include a monthly line charge to be determined per Resolution No. 530-94, plus 15% administrative cost per line, with call costs to be billed at cost, subject to approval of the County Attorney. Vote: 8-0. RESOLUTION NO. 410 Motion by Larison, Second by Marcellus. RE: AUTHORIZE ONGOING CONTRACT WITH SCHUYLER COUNTY SOIL AND WATER CONSERVATION DISTRICT FOR PHONE SERVICE – BUILDINGS AND GROUNDS BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an ongoing contract with the Schuyler County Soil and Water Conservation District for telephone service in the Schuyler County Shared Public Works Facility at a cost to include a monthly line charge to be determined per Resolution No. 530-94, plus 15% administrative cost per line, with call costs to be billed at cost, subject to approval of the County Attorney. Vote: 8-0. RESOLUTION NO. 411 Motion by Larison, Second by Marcellus. RE: ACCEPT/REJECT HVAC REPAIR/MAINTENANCE BIDS FOR COUNTY HVAC UNITS – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 324-09 authorized the Building Maintenance Supervisor to provide bid documents and go out to bid for HVAC Repair and Maintenance support. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisor’s recommendation of the following bidders for HVAC Repair and Maintenance for the term of January 1, 2010 through December 31, 2010. CONTRACTOR Bouille Electric, Inc. Climate Control Technologies, Inc. Collins and Walton, Inc. Kimble, Inc., and BE IT FURTHER RESOLVED, that the following bids be rejected. CONTRACTOR Hjardemaal’s Engineering Consulting and Crosby-Brownlie, Inc., and BE IT FURTHER RESOLVED, that the costs are to be paid from the account no. 1620.490, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contracts with the above, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 412 Motion by Larison, Second by Marcellus. RE: AUTHORIZE RELOCATION CONTRACT FOR THE CAPITAL PROJECT AT THE SHARED PUBLIC WORKS FACILITY– BUILDINGS & GROUNDS WHEREAS, the new Schuyler County Shared Public Works Facility is near completion, and WHEREAS, the Schuyler County Highway Department and Village of Watkins Glen need their radio equipment relocated to the new facility, and PROCEEDINGS OF THE YEAR 2009 159 WHEREAS, the Building Maintenance Supervisor has received three (3) quotes to provide this service, and WHEREAS, Freeman Communications Co. was the lowest quote. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor recommends using Freeman Communications Co. for the sum of $3,586.05, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an agreement with Freeman Communications Co., 310-314 Harmon Street, Elmira, NY 14904 to relocate radio equipment at a total cost of $3,586.05, funding available in capital account no. 004.1620.0211, subject to approval of the Schuyler County Attorney. DISCUSSION: Legislator Fagan asked if the Village was paying for a portion of this service. Administrator O’Hearn said yes, it is part of the Capital Project costs. Vote: 8-0. RESOLUTION NO. 413 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE LEASE AGREEMENT WITH COMMUNITY DISPUTE RESOLUTION CENTER - BUILDINGS AND GROUNDS WHEREAS, Schuyler County has vacant office space at 105 Ninth Street, Watkins Glen, and WHEREAS, Community Dispute Resolution Center is seeking office space to rent. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a one-year contract with Community Dispute Resolution Center for use of Room No. B120 for $2,400 annually at 105 Ninth Street, Watkins Glen, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 414 Motion by Fagan, Second by Yuhasz. RE: UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2009-2010 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 as of November 30th, 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 2009-2010, as they appear on said certified list be, and the same hereby are, approved as of December 14, 2009, and the Real property named in said certification any items of unpaid taxes therein set forth. Vote: 8-0. RESOLUTION NO. 415 Motion by Fagan, Second by Yuhasz. RE: DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – TREASURER WHEREAS, various departments have items to be declared surplus or junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the list of equipment as surplus or junk, and BE IT FURTHER RESOLVED, that the following items are to be bid out, placed in storage for an auction or disposed of. Junk Equipment Asset # Description Department 1633 Computer Desk Civil Service 1657 File Cabinet, 4drw gray locking Civil Service 1045 HON Chair, pink color Social Services ?? Blue Chair Social Services ?? Lexmark X6150 Social Services 5198 Dell Computer CYYF621 Information Technology 5196 Dell Computer 9YYF621 Information Technology 608 (2) Dataquest Rental Rate Books Highway 1131 Midwest Micro Monitor Legislature 1478 Dell Computer Legislature 160 SCHUYLER COUNTY LEGISLATURE ?? Dell Optiplex GX520 plus monitor Legislature 1475 APC, Backup Legislature 2300 Brown chair on casters Legislature 2314 Green vinyl chair w/arms Legislature 2319 Green chair Legislature 2961 Gateway monitor #15009A343255 Legislature 2985 Gateway computer 00090007419 Legislature 3419 Burgundy Chair w/arms Legislature 3420 Blue chair w/arms & casters Legislature 3505 Black chair w/metal arms Legislature 4429 Dell computer GX1 G7AQP Legislature 4729 JB Rollfilm cabinet Legislature, and Surplus Equipment Asset# Description Department 5991 Painted White Aluminum Truck Cap Sheriff 5833 Shorelander Boat Trlr Sheriff VIN #LMDE20V2STA849892 5791 1996 Crestliner Boat VIN#NOR48435E696 Sheriff ? 2006 Tax Maps Real Property 2513 Computer Table Social Services 2313 Desk Legislature 3506 Chair Legislature 3939 (9) Brown Chairs Legislature 4654 Table 8x3 Legislature Vote: 8-0. RESOLUTION NO. 416 Motion by Larison, Second by Marcellus. RE: SET DATE - 2009 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the final meeting of the year 2009 for the Schuyler County Legislature be held on Monday, December 28, 2009, in the Legislative Chambers at 9:00 a.m. and that appropriate legal notice be published in the official newspaper of the County. Vote: 8-0. RESOLUTION NO. 417 Motion by Larison, Second by Marcellus. RE: SET DATE - 2010 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the 2010 Organizational Meeting of the Schuyler County Legislature shall be held on Wednesday, January 6, 2010 in the Legislative Chambers at 9:00 a.m. and that appropriate legal notice be published in the official newspaper of the County. Vote: 8-0. RESOLUTION NO. 418 Motion by Larison, Second by Marcellus. RE: AUTHORIZE ONGOING AGREEMENT WITH THE VILLAGE OF WATKINS GLEN FOR ROAD RUNNER SERVICE – INFORMATION TECHNOLOGY WHEREAS, the Village of Watkins Glen is leasing space at the new Shared Public Works Facility, 910 South Decatur Street, Watkins Glen, and WHEREAS, the Village of Watkins Glen is interested in integrating with the County’s Road Runner Internet service, and WHEREAS, the Road Runner service will be provided at a cost of $55 a month, and WHEREAS, minor maintenance and program changes will be provided at a rate of $46.65 per hour, and WHEREAS, Internet service charges and maintenance fees shall change as costs increase or decrease, and WHEREAS, it is the recommendation of the Director of Information Technology that this agreement be allowed. PROCEEDINGS OF THE YEAR 2009 161 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an ongoing agreement with the Village of Watkins Glen for use of the County’s Road Runner Internet access at the above rates; subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 419 Motion by Fagan, Second by Marcellus. RE: DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT TAXES DUE JANUARY 2010 Pursuant to Article 5-D of the County Law of the State of New York. BE IT RESOLVED, that the report of the Lamoka/Waneta Lakes’ District Commission of the several amounts of taxes due January 2010, levied upon the various parcels of land in the said Lakes’ Protection and Rehabilitation Districts be received and filed, and the Director of the Schuyler County Real Property Tax Service Agency is directed to levy the amount upon the various parcels therein mentioned in accordance with said report, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to the Director of Real Property Tax Service Agency; the Lamoka/Waneta Lakes’ Districts Commission, and the Clerk of the Steuben County Legislature. Vote: 8-0. RESOLUTION NO. 420 Motion by Fagan, Second by Marcellus. RE: COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2009 FOR THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE TOWNS OF ORANGE AND 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 2009 for the Lamoka/Waneta Lakes’ Protection and Rehabilitation District in the Towns of Orange and Tyrone, in the County of Schuyler, and State of New York for the budget year 2010 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, 105 Ninth Street, Watkins Glen, NY on December 14th at 6:45 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 14th day of December, 2009, 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 2009 for the Lamoka/Waneta Lakes District in the Towns of Orange and 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 Lamoka/Waneta Lakes’ District Commission and the Clerk of the Steuben County Legislature. Vote: 8-0. RESOLUTION NO. 421 Motion by Karius, Second by Fagan. RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2010, TOWN AND COUNTY TAX BILLS – REAL PROPERTY 162 SCHUYLER COUNTY LEGISLATURE 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 2010 Town and County tax bills as shown in the Town of Reading Resolution No. 66- 09. NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of Reading be added to the January, 2010, Town and County tax bill as a separate item for the arrears, as provided by Town Law Section 198, subsection 1 (k). Vote: 8-0. RESOLUTION NO. 422 Motion by Karius, Second by Fagan. RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS BE CHARGED ON THE JANUARY, 2010, 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 2010 Town and County tax bill, per Town resolution No. 192, 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, 2010, Town and County tax bills as a separate item for the amount of the arrears, provided by Town Law, Article 12, Paragraph 198. Vote: 8-0. RESOLUTION NO. 423 Motion by Karius, Second by Fagan. RE: RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2010 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE WHEREAS, the State Board of Real Property Services has established the County equalization rates 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 2009 Assessment Roll be adopted and the 2009 County equalization rates to be used for the general levy and apportionment of the 2010 county tax levy from the State Board of Real Property Services be entered in the minutes as follows: TOWN OF CATHARINE 65.00 TOWN OF MONTOUR 65.00 TOWN OF CAYUTA 100.00 TOWN OF ORANGE 100.00 TOWN OF DIX 100.00 TOWN OF READING 100.00 TOWN OF HECTOR 100.00 TOWN OF TYRONE 100.00 Vote: 8-0. RESOLUTION NO. 424 Motion by Marcellus, Second by Fagan. RE: AUTHORIZE ACCEPTANCE OF THE AGRICULTURE AND FARMLAND PROTECTIVE PLAN SUPPLEMENTAL REVISION WHEREAS, in accordance 1 NYCRR Part 372, Schuyler County created and adopted the Schuyler County Agricultural Development and Farmland Protection Plan in 1999, and WHEREAS, at the completion of that project there were funds still available through the contract with New York State Department of Agriculture and Markets to promote farmland protection in Schuyler County, and WHEREAS, in 2006 Schuyler County received authorization from New York State Department of Agriculture and Markets to utilize the remaining funds to update the 199 Plan, and WHEREAS, the 2008 Schuyler County Agriculture and Farmland Protection Plan Supplemental Revision is the result of the updated project, overseen and accepted by the Schuyler County Agriculture and Farmland Protection Plan and completed by Shepstone Management Company. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the 2008 Schuyler County Agriculture and Farmland Protection Plan Supplemental Revision, and directs the Agriculture and Farmland Protection Board to oversee implementation of the recommendations made within. Vote: 8-0. PROCEEDINGS OF THE YEAR 2009 163 RESOLUTION NO. 425 Motion by Marcellus, Second by Fagan. RE: AUTHORIZE 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, 2009 through September 30, 2009, 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: 8-0.

164 SCHUYLER COUNTY LEGISLATURE

EXHIBIT "A" MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES APRIL 1, 2009 THROUGH SEPTEMBER 30, 2009

TOWNS Amount Due VILLAGES Amount Due

Catharine $6,269.17 Burdett $1,124.63

Cayuta $1,174.71 Montour Falls $3,684.45

Dix $17,557.48 Odessa $1,154.50

Watkins Hector $52,631.78 Glen $8,498.18

Montour $9,083.38

Orange $7,914.86

Reading $12,616.16

Tyrone $20,833.71

TOTALS $128,081.26 $14,461.75 APPROVED BY COMMITTEE: Dennis A. Fagan

Delmar F. Bleiler, Jr.

Paul N. Marcellus

Stewart F. Field +

PROCEEDINGS OF THE YEAR 2009 165 RESOLUTION NO. 426 Motion by Marcellus, Second by Fagan. RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED WHEREAS, the County Treasurer took tax deed to property located in Schuyler County, State of New York, located at 3817 Main Street, Burdett, NY (Burdett Post Office) as of September 19, 2005, and NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the following offer/offers to Purchase: BIDDER’S NAME: Jeff Bizelka BIDDER’ ADDRESS: 290387 Homecrest Sta. Brooklyn, NY 11229 AMOUNT OF BID: $1000.00 FORMER OWNER: Trans Allied Corporation TAX MAP #: 44.19-1-12 LOCATION: 3817 Main Street, Burdett, NY BE IT FURTHER RESOLVED, that this Legislature authorizes its Chairman to accept the Offer to Purchase, subject to the last-stated condition below, and execute the quitclaim deed and attending documents for the transfer of 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 to the Schuyler County Treasurer on or before December 31, 2009. BE IT FURTHER RESOLVED, that upon acceptance of a bid, and 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 , and BE IT FURTHER RESOLVED, that the Schuyler County Legislature has the right to accept or reject any and all bids. Vote: 8-0. WITHDRAWN RE: AUTHORIZE ONGOING CONTRACT WITH L-1 IDENTITY SOLUTIONS FOR ELECTRONIC FINGERPRINTING – SHERIFF’S OFFICE - WITHDRAWN WHEREAS, effective January 1, 2010 the New York State Division of Criminal Justice Services will no longer accept ink fingerprint submissions, and WHEREAS, the Sheriff’s Office does not have the capability to take electronically scanned fingerprints for civil reasons, and WHEREAS, L-1 Identity Solutions wishes to enter into a contract with the Sheriff’s Office as an electronic fingerprinting site, and WHEREAS, L-1 Identity Solutions will provide the necessary equipment at no cost to the county, and pay the Sheriff’s Office a fee per fingerprint applicant. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute an ongoing contract with LL-1 Identity Solutions on behalf of the Sheriff’s Office for providing fingerprinting services; subject to approval of the Schuyler County Attorney. RESOLUTION NO. 427 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE SCHUYLER COUNTY CORRECTION OFFICERS BENEVOLENT ASSOCIATION WHEREAS, the Schuyler County Correction Officers Benevolent Association and the County of Schuyler have reached a Tentative Agreement on the terms and conditions of the 2008-2012 Collective Bargaining Agreement, and WHEREAS, the parties have now reached an agreement to modify the Collective Bargaining Agreement, specifically to modify the Correctional Facility (Jail) work schedule to be the same as the Communication Center, and to incorporate a definition for seniority in Article 6-Hours of Work, Overtime, Tours of Duty, and Work Schedule. 166 SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature is hereby authorized to enter into a Memorandum of Agreement with the Schuyler County Correction Officers Benevolent Association as set forth above, effective January 1, 2008; subject to approval of labor counsel. Vote: 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Fagan wanted to let everyone know that the $200,000.00 grant was received for the treatments of Lamoka & Waneta Lakes. The final application for payment had been submitted to the State for Reimbursement. It was paid within one month’s time. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that the bonding for the Shared Public Works Facility is underway and discussions have been held with the Village of Watkins Glen. They have elected to go with the 50/50 option. The Village Clerk, Donna Beardsley, did not think the Village would have strong feelings one way or the other. Absence of any of the Legislatures comments, he will move forward with the numbers. Legislator Fagan asked what the difference options are and have they been compared. Administrator O’Hearn explained that this option would save money up front. He then proceeded to provide the Legislature with the bleak update of the State’s financial status from the County Administrator’s meeting he attended in Syracuse. The State is in a lack of cash crisis. The County’s aid for Children Services is and will be immediately impacted. He is not sure that the Governor has this legal right to withhold payments. This isn’t actually aid, it is reimbursement. This payment is for services that the County has rendered and will not get immediate reimbursement of. The Governor is simply delaying payment at this time, not withholding it. County’s now have been asked to be the bank for the State. This will be a hardship going forward. Some County’s may be forced to borrow funds. The picture does not look good. There may be more decisions made at the State now and at year end. The State’s published figures regarding the deficit where discussed. Our County is financially stable at this point. It will however, be hard to predict going forward. We could have a one million shortfall next year. Legislator Bleiler asked if this money was for the annual budget lint item. Administrator O’Hearn stated that they should have received about $191,000.00 of which $81,000.00 is being withheld. Legislator Larison asked if this is for mandated services and we still are expected to perform services. Administrator O’Hearn said yes. The State is stretching the reimbursement time frame. PUBLIC PARTICIPATION: None. The meeting adjourned at 6:55 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

YEAR END MEETING DECEMBER 28, 2009

The December 28, 2009 Year End Meeting of the Legislature was called to order at 9:00 a.m. by the Clerk of the Legislature, Stacy Husted. The Pledge of Allegiance was led by Legislator Field followed by a moment of Silence. All Legislators were present except, Chairman Gifford and Legislator Marcellus who were excused. County Administrator Tim O’Hearn and Assistant County Attorney Dennis Morris were also present. PUBLIC PARTICIPATION: None RESOLUTION NO. 428 Motion by Larison, Second by Field. RE: APPROVE THE MINUTES OF THE DECEMBER 14, 2009 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the December 14, 2009 Regular Meeting of the Schuyler County Legislature be approved. Vote: 6-0. RESOLUTION NO. 429 Motion by Larison, Second by Field. RE: AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following account transfers in order to balance out the 2009 accounts, to wit: PROCEEDINGS OF THE YEAR 2009 167 , and BE IT FURTHER RESOLVED, that this authorization shall include financing capital projects with fund balance as determined by the Schuyler County Treasurer. Vote: 6-0.

2009 Budget Transfers per year end meeting resolution

Department To From 1010.100 $163.79 1010.409 $1,306.48 1010.410 $310.52 1010.631 $57,769.44 1165.100 $23,694.32 1165.328 $127.94 1165.400 $7,500.00 1165.401 $615.02 1165.407 $101.63 1165.409 $47.13 1165.410 $288.33 1165.416 $1.53 1165.430 $98.85 1165.431 $262.53 1165.433 $16.34 1165.439 $382.58 1165.443 $1,154.55 1170.328 $29.90 1170.400 $70.98 1170.407 $724.96 1170.409 $0.30 1170.410 $164.24 1170.430 $54.45 1170.431 $32.10 1170.435 $1,362.30 1170.439 $175.83 1170.563 $2,009.56 1170.605 $8,001.96 1180.400 $250.00 1185.400 $1,381.05 1185.409 $1,093.42 1185.430 $445.55 1185.431 $250.00 1230.328 $152.85 1230.400 $251.15 1230.409 $571.79 1230.410 $45.53 1230.431 $347.49 1230.433 $114.41 1230.439 $11.38 1230.444 $2,258.44 1325.100 $16.66 1325.101 $610.86 1325.409 $36.86 1325.410 $543.63 1325.431 $1,350.39

168 SCHUYLER COUNTY LEGISLATURE 1325.433 $1,763.38 1325.435 $14,862.00 1325.439 $426.71 1325.459 $3,394.00 1355.100 $6,019.00 1355.101 $94.87 1355.200 $25.00 1355.400 $1,061.17 1355.577 $5,000.04 1362.400 $1,355.09 1410.100 $2,464.31 1410.403 $95.00 1410.407 $1,406.00 1410.409 $3.26 1410.410 $16.93 1410.426 $14.22 1410.428 $25.90 1410.431 $1.04 1410.433 $120.12 1410.439 $7.18 1420.100 $1.00 1420.401 $2,000.00 1420.403 $150.00 1420.407 $258.99 1420.409 $89.91 1420.410 $677.43 1420.433 $40.72 1420.435 $75.00 1420.438 $286.82 1420.439 $160.97 1420.443 $1,050.77 1430.100 $0.01 1430.403 $40.00 1430.410 $138.43 1430.429 $1,036.82 1430.431 $13.69 1430.433 $34.37 1430.435 $5,573.25 1430.439 $23.13 1430.459 $409.76 1431.100 $8,454.20 1431.402 $915.89 1431.417 $506.00 1431.431 $257.09 1431.459 $103.86 1450.100 $115.06 1450.200 $14,963.10 1450.400 $6,586.32 1450.402 $3,526.19 1450.409 $3,462.85 1450.417 $2,991.01 1450.430 $1,406.54 1450.431 $1,560.72 1450.433 $2,795.74 1450.434 $7,884.21

PROCEEDINGS OF THE YEAR 2009 169 1450.435 $479.67 1460.100 $2,385.46 1460.400 $580.00 1460.409 $92.00 1460.410 $53.40 1460.428 $275.50 1460.431 $36.86 1460.433 $22.45 1460.439 $203.35 1610.100 $317.09 1610.200 $1,294.92 1610.400 $917.61 1610.426 $1,075.22 1610.439 $13,864.88 1620.100 $6,795.78 1620.101 $924.58 1620.200 $3,000.00 1620.400 $81,696.70 1620.410 $540.52 1620.427 $18,898.13 1620.431 $37.85 1620.439 $300.46 1620.442 $30,489.83 1620.446 $23,493.11 1620.448 $469.00 1620.449 $555.40 1620.490 $19.66 1622.100 $13,990.77 1622.101 $7.65 1622.309 $250.04 1622.427 $714.49 1622.444 $3,856.02 1640.237 $110.75 1640.438 $238.13 1640.457 $119.00 1640.526 $121.80 1640.528 $3.00 1660.100 $7,400.34 1660.101 $12.49 1660.409 $890.00 1660.410 $450.72 1660.431 $79.82 1660.433 $208.06 1660.439 $93.80 1680.100 $2,083.71 1680.101 $500.00 1680.200 $4,778.17 1680.400 $20.77 1680.431 $38.58 1680.444 $755.81 1680.459 $1,217.95 1950.400 $777.46 1990.500 $12,330.00 2490.400 $78,944.87 2960.400 $58,838.33

170 SCHUYLER COUNTY LEGISLATURE 2960.440 $20,553.60 3020.200 $58,433.52 3020.400 $6,228.25 3020.430 $402.90 3020.438 $4.97 3110.100 $4,917.97 3110.101 $5,856.32 3110.102 $5,917.01 3110.118 $6,729.27 3110.201 $1,609.00 3110.204 $35,775.02 3110.216 $1,092.25 3110.309 $94.97 3110.317 $44,423.90 3110.328 $641.83 3110.400 $100.00 3110.401 $300.00 3110.418 $500.00 3110.426 $697.92 3110.432 $76.13 3110.434 $351.66 3110.439 $410.48 3110.441 $960.32 3110.444 $32,812.88 3110.453 $5,009.70 3110.459 $1,354.89 3110.537 $2,329.77 3112.101 $125.19 3112.102 $125.19 3140.100 $1,615.02 3140.101 $282.55 3140.328 $134.22 3140.382 $250.00 3140.407 $90.00 3140.410 $428.46 3140.431 $299.83 3140.433 $48.90 3140.435 $234.00 3140.439 $412.16 3150.100 $54,870.20 3150.101 $10,413.70 3150.102 $12,705.01 3150.201 $2,400.51 3150.400 $100.00 3150.401 $1,102.37 3150.410 $317.33 3150.411 $1,245.10 3150.418 $468.05 3150.429 $6,516.30 3150.431 $754.74 3150.433 $2,831.08 3150.434 $447.76 3150.439 $523.75 3150.441 $2,510.59 3150.442 $6,320.19

PROCEEDINGS OF THE YEAR 2009 171 3150.445 $1,472.74 3150.449 $224.85 3150.454 $9,014.23 3150.456 $7,031.08 3150.457 $425.84 3150.459 $165.00 3150.539 $59.69 3150.603 $32.92 3315.100 $114.73 3315.101 $2,869.74 3315.204 $405.15 3315.271 $811.25 3315.541 $933.84 3315.542 $834.23 3412.403 $75.00 3412.409 $39.13 3412.431 $37.62 3412.433 $12.00 3412.435 $542.75 3412.469 $379.00 3510.100 $1,205.45 3510.101 $512.25 3510.102 $291.14 3510.201 $500.00 3510.400 $214.48 3510.603 $269.86 3689.100 $41.82 3689.101 $41.40 3689.328 $55.80 3689.403 $40.00 3689.410 $348.87 3689.426 $351.00 3689.431 $10.82 3689.433 $40.33 3689.439 $44.84 3689.440 $20.81 3689.442 $97.24 3689.458 $589.68 3689.467 $273.00 3689.531 $25.93 4010.100 $68,985.90 4010.101 $14,160.07 4010.278 $1,000.00 4010.328 $31.14 4010.400 $3,119.78 4010.402 $1,539.47 4010.403 $397.00 4010.407 $186.04 4010.410 $678.80 4010.418 $9,162.90 4010.422 $3,898.00 4010.426 $500.00 4010.429 $4,000.59 4010.430 $420.80 4010.431 $791.48

172 SCHUYLER COUNTY LEGISLATURE 4010.433 $34.58 4010.435 $9,091.00 4010.439 $505.98 4010.440 $489.63 4010.442 $786.53 4010.444 $8,639.42 4010.446 $3,628.96 4010.448 $139.06 4010.459 $2,000.00 4010.468 $2,000.00 4010.470 $200.00 4010.471 $363.94 4010.472 $500.00 4010.478 $140.20 4010.490 $27,025.97 4010.532 $4,791.36 4050.100 $14,626.93 4050.200 $53.17 4050.328 $280.38 4050.410 $500.00 4050.418 $842.00 4050.426 $201.20 4050.431 $421.33 4050.433 $21.46 4050.435 $3,873.10 4050.439 $824.22 4050.444 $3,933.07 4050.446 $164.00 4050.459 $32.00 4050.476 $6,423.75 4054.490 $9,503.79 4322.327 $0.28 4322.504 $0.28 6010.101 $9,606.79 6010.204 $1,202.85 6010.206 $744.64 6010.260 $203.51 6010.261 $267.52 6010.308 $3,022.31 6010.313 $677.50 6010.328 $38.70 6010.338 $181.00 6010.339 $482.00 6010.356 $775.00 6010.370 $5,087.14 6010.387 $1,052.00 6010.395 $2,143.25 6010.401 $725.94 6010.402 $77.44 6010.403 $69.00 6010.407 $409.14 6010.410 $570.68 6010.418 $1,118.00 6010.426 $500.00 6010.431 $1,410.33

PROCEEDINGS OF THE YEAR 2009 173 6010.433 $1,764.70 6010.439 $929.68 6010.440 $1,016.66 6010.444 $742.05 6010.459 $2,941.00 6010.480 $646.53 6010.481 $1,048.00 6010.482 $921.00 6010.485 $1,490.69 6010.553 $700.00 6010.554 $43.00 6010.566 $2,614.31 6010.592 $907.00 6010.593 $1,232.00 6129.400 $5,996.01 6410.400 $489.00 6410.436 $489.00 6510.100 $18.97 6510.426 $100.00 6510.430 $1,334.93 6510.431 $49.29 6510.433 $44.35 6510.435 $39.75 6510.439 $0.43 6772.101 $83.85 6772.328 $1.65 6772.433 $137.22 6772.439 $25.48 6772.440 $80.50 7110.100 $100.13 7110.427 $20.86 7110.442 $87.72 7310.100 $5,412.39 7310.101 $31.08 7310.120 $3,573.70 7310.316 $282.05 7310.328 $42.00 7310.410 $465.13 7310.433 $81.20 7310.438 $194.83 7310.439 $246.19 7310.440 $558.37 7510.100 $0.02 7510.400 $0.02 9030.802 $8,428.02 9050.805 $16,625.04 9055.806 $6,079.39 9060.810 $109.61 9060.811 $109.61 9089.800 $1,206.50

General Fund Total $643,011.75 $643,011.75

174 SCHUYLER COUNTY LEGISLATURE

2009 Budget Transfers per year end meeting resolution

Department To From

5010.100 $898.19 5010.101 $22.58 5010.328 $95.00 5010.400 $1,941.19 5010.402 $57.18 5010.407 $18.08 5010.410 $25.93 5010.431 $0.30 5010.433 $8.80 5010.439 $275.19 5010.442 $640.84 5110.101 $1,554.49 5110.400 $284.00 5110.510 $1,770.30 5110.511 $4,345.99 5110.512 $3,143.79 5110.513 $820.92 5110.514 $6.00 5110.516 $87.58 5110.517 $216.85 5110.518 $1,209.00 5110.519 $1,326.00 5110.520 $348.86 5110.522 $110.43 5110.544 $189.05 5120.400 $2,760.02 5120.545 $2,760.02 9030.802 $55.74

County Road Total $12,486.16 $12,486.16

2009 Budget Transfers per year end meeting resolution

Department To From

5130.4 39 $58.43 5130.441 $51.77 5130.526 $82.14 5131.457 $2.00 5131.527 $2.00 9030.802 $74.32 9055.806 $14.48

Machinery Fund Total $142.57 $142.57

2009 Budget Transfers per year end meeting resolution

Department To From

PROCEEDINGS OF THE YEAR 2009 175 9060.435 $3,000.00 9060.809 $5,033.93 9060.812 $0.34 9060.813 $458.63 9060.814 $1,575.64

Health Ins. Total $5,034.27 $5,034.27 RESOLUTION NO. 430 Motion by Larison, Second by Field . RE: DEDICATION OF 2009 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 2009" contain a tribute to Helen M. Thingvoll (Personnel Officer), Rose M. Salbego (Food Service Helper-Office for the Aging), Randy H. Deal(Assessor), William T. Preston(Deputy Sheriff), Teresa J. Wodarski (Case Manager-Social Services), William A. Carey (Correction Officer-Sheriff), Sr., Gary D. Welch (Motor Equipment Operator-Highway), Carlene E. Motzenbecker (Social Welfare Examiner-Social Services), C Ellen Coleman (Real Property Tax Service Assistant), Judy A. Forney (Administrative Assistant-Highway) and Charles S. Stevenson (Labor Foreperson-Highway), subject to any other retirements effective by December 31, 2009. Vote: 6-0. RESOLUTION NO. 431 Motion by Larison, Second by Field. RE: AUTHORIZE 2010 CONTRACT RENEWAL WITH PAUL CORRADINI, ESQ. FOR CONFLICT DEFENDER SERVICES – PUBLIC DEFENDER’S OFFICE WHEREAS, due to various conflicts of interest, multiple defendants or multiple parties and overload cases, it would be beneficial to the county to continue to enter into a contract for services of a conflicts defender, and WHEREAS, Attorney Paul Corradini has accepted the position of Conflicts Defender for the term January 1, 2010 through December 31, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Paul Corradini, Esq. for the Public Defender’s Office for conflicts of interest, multiple defendants or multiple parties and overload cases for the term January 1, 2010, to December 31, 2010, at a rate of $2,500.00 per month plus mileage (at the County rate), funding available in the 2010 Public Defender budget account no. 1170.400-Contractual Services Indigent Legal Services Fund (ILSF); subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 432 Motion by Karius, Second by Larison. RE: AUTHORIZE 2010 CONTRACT RENEWAL WITH PHIL BARNES FOR INVESTIGATIVE SERVICES – PUBLIC DEFENDER’S OFFICE WHEREAS, the Public Defender’s Office anticipates receiving Indigent Legal Services Fund (ILSF) revenues from the State for the year 2010 in the form of a $65,000 grant, and WHEREAS, the Public Defender requires access to investigative services in order to adequately defend clients, both in family court and criminal court. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Phil Barnes for the Public Defender’s Office on an as needed basis at the rate of $30 per hour not to exceed $5,000 annually with mileage reimbursement at the current county rate, for the term January 1, 2010 through December 31, 2010; funding is available in the 2010 Public Defender budget account no. 1170.435; subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 433 Motion by Karius, Second by Larison. 176 SCHUYLER COUNTY LEGISLATURE RE: AUTHORIZE RENEWAL OF CONTRACT WITH PITNEY BOWES, INC. FOR THE RENTAL OF A POSTAGE METER – HEALTH SERVICES WHEREAS, Schuyler County Health Services is currently renting a postage meter from Pitney Bowes, Inc., and WHEREAS Pitney Bowes, Inc. has recently renegotiated its contract with New York State and informed Schuyler County Health Services that its current meter is obsolete and should be replaced, and WHEREAS, Schuyler County Health Services needs to continue its use of a postage meter. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with Pitney Bowes, Inc. for the rental of a postage meter, at an amount not to exceed $50 per month, plus an initial one-time charge of up to $100, commencing upon installation of the new meter, for a term of 51 months, funding available in accounts 4010.433 and 4310.433, subject to the approval of the County Attorney. Vote: 6-0. RESOLUTION NO. 434 Motion by Karius, Second by Larison. RE: AUTHORIZE AMENDING RESOLUTION NO. 386 TITLED “LAYOFF CERTAIN POSITIONS – COMMUNITY SERVICES” WHEREAS, Resolution No. 386-09 eliminated a Staff Social Worker position in Community Services due to financial restraints, and WHEREAS, there will be a Staff Social Worker position available effective February 21, 2010 due to a retirement, and WHEREAS, the employee who was affected by the layoff is eligible to be reassigned to the vacant position effective February 22, 2010, and WHEREAS, the layoff date for the Staff Social Worker position should be moved to February 21, 2010. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 386-09 be amended to now read as follows: “NOW, THEREFORE, BE IT RESOLVED, that employees in the Community Services Department be laid off effective December 31, 2009 as follows: One (1) Senior Staff Social Worker One (1) Keyboard Specialist, and BE IT FURTHER RESOLVED, that One (1) Staff Social Worker in the Community Services be laid off effective February 21, 2010.” Vote: 6-0. RESOLUTION NO. 435 Motion by Larison, Second by Field. RE: AUTHORIZE TRANSFER OF FUNDS AND AMENDING THE 2009 BUDGET – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services needs to transfer funds for Foster Care, Child Welfare and TANF Services expenses. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the DSS 2009 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$20,000 6010.552 TANF Services Plan +$15,000 6070.572 Purchase of Services +$30,000 6119.400 Foster Care - $65,000 6123.400 Juvenile Delinquency + $20,000 6010.4615 Federal Aid – Administration, FFFS + $5,000 6070.4670 Federal Aid – Purchase of Services + $7,500 6119.4619 Federal Aid –Foster Care - $32,500 6123.3623 State Aid – Juvenile Delinquency Vote: 6-0. RESOLUTION NO. 436 Motion by Larison, Second by Field. PROCEEDINGS OF THE YEAR 2009 177 RE: AUTHORIZE TRANSFER OF FUNDS AND AMENDING THE 2009 BUDGET – SOCIAL SERVICES WHEREAS, Medicaid is a federal, state, and local health care program whose costs and administration represents the largest component of the state and local fiscal relationship in New York, currently totaling over $46 billion annually; and WHEREAS, since the program's inception, counties across the state have struggled to fund the growth of the Medicaid local share and even with local budget austerity measures, the programs cost has resulted in higher property taxes, higher sales taxes, and a decline in county services; and WHEREAS, in response to the coordinated efforts of NYSAC and county officials from across the state, the Governor and State Legislature included in the enacted 2005-06 State Budget a local Medicaid "cap" designed to limit annual Medicaid growth to 3.5 percent in 2006, 3.25 percent in 2007, and 3 percent in 2008 and years thereafter; and WHEREAS, this Medicaid "cap" represents a significant reform in the way New York finances its Medicaid program and provides counties with a new level of stability and predictably that will benefit local taxpayers for years to come; and WHEREAS, while the Medicaid "cap" will help shield local taxpayers from the impact of excessive Medicaid growth at the federal and state level, counties remain concerned with the future sustainability of the Medicaid program, the effect on other state and local budget priorities, and the overall outlook for New York's economic competitiveness; and WHEREAS, as New York's Medicaid program has evolved, it has become overly expensive, inefficient and unable to adapt to today's ever changing health care delivery environment; and WHEREAS, New York's Medicaid program must be reformed into a modern, patient driven system that ensures public integrity, improves patient outcomes and reduces overall program costs. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County calls for the continued implementation of the Local Medicaid Cap enacted in the 2005-06 state budget to stabilize county budgets and the impact the program has on local real property taxes; and BE IT FURTHER RESOVLED that Schuyler County calls for an extension of the enhanced FMAP currently set in the American Recovery and Reimbursement Act (ARRA) as passed by the United States House of Representatives in H.R. 3962. BE IT FURTHER RESOLVED, that Schuyler County call upon the Governor and State Legislature to continue to focus on the Medicaid program and expand statewide reform efforts designed to ensure public integrity, improve patient outcomes, and reduce overall program costs; and BE IT FURTHER RESOLVED, that Schuyler County shall forward copies of this Resolution to the Governor, Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara, Congressman Eric J. Massa, Senator Charles E. Schumer and Kirsten E. Gillibrand, NYSAC, Inter County, and all others deemed necessary and proper. Vote: 6-0. RESOLUTION NO. 437 Motion by Larison, Second by Field. RE: CONTRACT EXTENSION FOR SILVERLINE CONSTRUCTION OF VAN ZANDT HOLLOW BRIDGE REPLACEMENT – HIGHWAY WHEREAS, Silverline Construction, Inc. has requested a contract extension, due to weather conditions, for the completion of the Vanzandt Hollow Bridge over Glen Creek to February 15, 2010, and WHEREAS, funds for this contract extension were encumbered from the 2009 budget Account No. 5120.570. NOW THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee and Highway Superintendent that the Schuyler County Legislature extend this contract for completion by February 15, 2010. Vote: 6-0. RESOLUTON NO. 438 Motion by Fagan, second by Yuhasz. RE: AUTHORIZATION TO INCREASE THE INFORMATION PROCESSING SPECIALIST POSITION TO FULL-TIME – HIGHWAY DEPARTMENT 178 SCHUYLER COUNTY LEGISLATURE WHEREAS, the Highway Superintendent and the Public Works Committee recommends increasing the hours of the Information Processing Specialist to a full-time forty (40) hour position per week, per Union Contract to begin January 1, 2010, and WHEREAS, the present Information Processing Specialist is a less than part-time position that is shared with the Shared Fuel Facility, and WHEREAS, funding for this position is included in the 2010 budget account no. 5010.100 and 5131.100. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approve increasing the hours of the position of Information Processing Specialist to full-time in the Highway Department at an hourly rate of $ 14.90; subject to approval of the County Administrator. Vote: 6-0. RESOLUTION NO. 439 Motion by Fagan, Second by Yuhasz. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTION OF REAL PROPERTY TAXES – TOWN OF MONTOUR – REAL PROPERTY TAX WHEREAS, an application for correction of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL) for parcels 87.00-1-49.111 and 87.00-1-49.112 owned by James Joslyn in the Town of Montour for the 2009 County/Town tax bill, which also included a relevy of the 2008 Odessa-Montour school tax, and WHEREAS, the property owner alleges that the assessment includes the value of a mobile home which had been removed prior to taxable status date, and WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and has found discrepancies in the parcel inventories that constitute errors in essential fact as defined by RPTL Section 550(3)(a), and WHEREAS, it is the recommendation of the Director and of the Management & Finance Committee to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the Treasurer is hereby directed to issue a corrected tax bill in the amount of $138.23 for parcel 87.00-1-49.111 and $1,606.70 for parcel 87.00-1-49.112, and to make the appropriate chargebacks to the town and school district. PARCEL DESC ASSMT CORRECTE 2009 TAX CORRE OMCS CORREC CORRECTED D CTED RELEVY TED TOTAL ASSMT TAX RELEVY 49.111 Vacant $69,900 $2,600 $1,606.70 $59.76 $2,109.64 $78.47 $138.23 parcel does not include doublewide 49.112 Parcel $19,250 $69,900 $442.47 1,606.70 0 0 $1,606.70 should include assessment of double- wide, not singlewide trailer Vote: 6-0. RESOLUTION NO. 440 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH SOUTHERN TIER CENTRAL REGIONAL PLANNING BOARD FOR INTERNET MAP SERVER (IMS) HOSTING SERVICES – REAL PROPERTY TAX AGENCY WHEREAS, the County maintains an Internet Map Server (IMS) as a necessary component of the on- line assessment information made available through the Real Property Tax office, and PROCEEDINGS OF THE YEAR 2009 179 WHEREAS, the Southern Tier Central Regional Planning Board can provide IMS hosting services at a lower cost than the current vendor. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract with the Southern Tier Central Regional Planning Board for the term of January 1, 2010 through December 31, 2010, in an amount not to exceed $1,500, subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 441 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE SCHUYLER COUNTY CORRECTION OFFICERS BENEVOLENT ASSOCIATION WHEREAS, the Schuyler County Correction Officers Benevolent Association and the County of Schuyler have ratified a 2008-2012 Collective Bargaining Agreement, and WHEREAS, the parties have now reached an agreement to modify the Agreement, specifically to modify Article 15, Insurances, Section 15.9, Retiree Benefits to address a former employee who retired after the expiration of the previous collective bargaining agreement, but prior to settlement of the current collective bargaining agreement, and wish to memorialize their understanding, in writing, to be incorporated into the new collective bargaining agreement for execution by the parties. NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature be hereby authorized to enter into a Memorandum of Agreement with the Schuyler County Correction Officers Benevolent Association as set forth above, effective January 1, 2008; subject to approval of labor counsel. Vote: 6-0. RESOLUTION NO. 442 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH HARRIS BEACH, PLLC, FOR THE DISPOSITION OF THE RURAL URBAN CENTER TO THE SCHUYLER COUNTY LOCAL DEVELOPMENT CORPORATION (SCLDC) WHEREAS, it is the desire of the County to retain outside legal counsel for the coordination of SEQR, transferral of real estate, conditions of transfer to the SCLDC, and adoption of a developers agreement to protect the County and ensure responsible development of the property, and WHEREAS, Harris Beach, PLLC has proposed to assist in developing and implementing a disposition strategy by and among the County, SCLDC, SCIDA and the developer at a cost not to exceed $5,000 plus expenses, funding available in Account Number 1620.400. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Harris Beach, PLLC, for the disposition of the Rural Urban Center to the SCLDC, at a cost not to exceed $5,000 plus expenses, subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 443 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH FREDERICK M. CERIO, ESQ. FOR CHILD PROTECTIVE ATTORNEY SERVICES – COUNTY ATTORNEY’S OFFICE WHEREAS, the Schuyler County Department of Social Services demonstrated the need for additional assistance in the prosecuting of Abuse & Neglect cases, and WHEREAS, the cost of such assistance has been previously budgeted and approved in the amount of $24,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Frederick M. Cerio, Esq. for Child Protective Attorney Services for the County Attorney’s Office effective January 1, 2010 through December 31, 2010, funding available in the 2010 County Attorney budget account no. 1420.401; previously approved by the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 444 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE A GRANT WITH STATE OF NEW YORK BOARD OF ELECTIONS - COUNTY BOARD OF ELECTIONS WHEREAS, the County Board of Elections has applied for County HAVA Grant Funds for HHS 2009 180 SCHUYLER COUNTY LEGISLATURE Voting Access for Individuals with Disabilities Polling Access Improvement in the amount of $941.00, and WHEREAS, the County Board of Elections received Contract Number T002999 from the New York State Board of Elections in the amount of $941 for said grant funds. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves an agreement with New York State Board of Elections for Contract Number T002999 in the amount of $941, and BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County Legislature be hereby authorized to execute the New York State Board of Elections Contract Number T002999 in the amount of $941 for Polling Place Access Improvements. Vote: 6-0. NEW PUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None. COUNTY ADMINISTRATOR’S REPORT: None PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:06 a.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

PROCEEDINGS OF THE YEAR 2009 181

Harris Beach, 179 A Helen Thingvoll, 19 HMI Mechanical, 18, 48 Abolish Homestead, 25 Aging Services Caseworker, 101 Honeywell Hommed, 64 Senior Registered Professional Nurse, 107 Humane Society/Dog Shelter, 89 Adoption Hunt Engineers, VanZandt Hollow Bridge, 71 Revised Fee Scale Watershed, 15 Indemnification, Italian American Festival, 87 Salary Schedule, 2 James E. Sewall, 20 Ag District Janis Jepsen, 60 Adding 2 parcels, 58 Jeff's Septic, 114 Negative Declaration Development & Farmland Protection Plan, Karen W. Allen, 112 58 King & King Technologies, 79 Protective Plan Supplement, 162 Lexis Nexis, 145 Agreement/Contract/Proposal Lisa Baker, 105 2008 Hazardous Material Grant Program, 56 Margaret Morrison, 40, 41 A&E Transportation, 60 Mental Health Clinic, 64 ACE Unlimited, 17, 43 Modular Communications, 63 Adult International Medical Management, 144 New York State Office for the Aging, Medicare Improvements, AES Greenidge, 125 109 Affiliated Psychological Consultants, 82 NY Connects, 95 All-Mode Communications, 124 NYSARC, Transportation, 138 American Loss Prevention Services, 140 Paul Corradini, Esq., 53, 175 Anne Heist, 137 Phil Barnes, 12, 175 Associated Appraisal, 112 Pitney Bowes, 176 Auditing Services, 111 Pro Action of Steuben & Yates, Inc, 75 Automon Corp., 57 Probation Departmental Renewals, 153 Barbara Anderson, 128 Probation State Aid, 92 Binghamton Plate Glass, 17 REACT Recycling, 103 Catholic Charities, 96, 121 Schuyler County Career Center, 96 Catholic Charities USDA FSP Non Recurring Bonus Allocation, 61 Schuyler County Watershed, 156 Catholic Charities, Crisis Prevention PINS, 153 Schuyler Hospital Physical Therapy, 40 Chemung County Weights & Measures Shared Services, 156 Schuyler Hospital, Overnight Nursing Home Respite, 82 Chemung Schuyler Steuben Workforce NY, 120 Shared Public Work Facility, 7 Clean Harbors, 92 Silverline Extension, 177 Climate Control Technologies, 85, 140, 156 Soil & Water Conservation, 158 CME Associates, 47 Southern Tier Central Regional Planning Board, 178 Collective Bargaining, Correction Officers, 90 Summer Youth Employment, 96 Cornell Cooperative Extension, Food Stamp Nutrition, 155 Systems Development Group, 99 Corning Cable, 101 TANF Summer Youth Employment, 39, 67 Council on Alcoholism & Other Chemical Dependencies, 108 Tax Map Chemung County, 19 CPE Communications & Security, 139 Teneleven Group, 102 CPE Interlink/Sentry Alarms, Amendment, 83 Tourist Promotion Agnecy, 127 Cummunity Dispute Resoltion Center, 159 Town of Wayne, Watershed Protection, Inspection Wastewater Daniel F. Bizzell, 86 Treatment Systems, 154 Davidson & O'Mara, 85 Verizon Cable Easement, 109 David-Ulmer, 139 Village of Watkins Glen, Phone Service, 158 Day Automation, 139 Village of Watkins Glen, Roadrunner, 160 Day Automation Change Order, 71 Village of Watkins Glen, Shared Public Works Facility, 157 Diva Solutions, 72 Wastewater Management, 154 Eastern Copy, 126 Water Wise, Inc., 76 Economic Opportunity Program, Social Services, 124 Weights & Measures, 157 Enhanced Supervision of Sex Offenders, Probation, 81 Welliver McGuire Change Order, 125 Finger Lakes Addictions & Counseling, 109 WGI Youth Employment, 28 Ford Motor Credit, 33 Wheels to Work Program, 60 FOSCAS Extension, 77 Appointment Frederick M. Cerio, Esq., 46, 179 Alcohol & Substance Abuse Subcommittee, 94 Freeman Communications, Radio Relocation, 158 Chairman, 1 G.O. Wick, 18, 48 Chief Coroner, 2 GHI Rate Renewal, 128 Clinic Director, 60 Gretchen Ann Jacobs, 81 Community Service Board/Mental Health Subcommittee, 16 Happiness House, 95 Community Services Board, 154 182 SCHUYLER COUNTY LEGISLATURE Community Servies Board, 136 Mill Creek Flooring, 140 Director Weights & Measures, 62 New & Used Steel Plate, 52 Election Inspectors, 99, 114, 128, 143 Ready Mix Concrete, 52 Finger Lakes Tourism Alliance, 135 Sign Posts, 51 Health Insurance Review Committee, 98 Tires, 51 Historian, 2 Transportation Preschool Children with Disabilities, 28, 68 Mental Health Subcommittee, 94 Tree & Stump Removal, 52 Mental Retardation/Developmental Disability Subcommittee, 82, Used Steel Pipe, 50 94 VanZandt Hollow Bridge, 110 Outside Committee, 9, 10, 11, 12, 25 Bid Acceptance Planning Commission, 36, 67, 81 HVAC Repairs & Maintenance, 158 Records Access Officer, 44 Bid Advertisement Soil & Water Conservation Board, 48 Construction VanZandt Hollow Bridge, 83 Voting Machine Custodian, 13, 31, 103 Flooring Mill Creek Center, 125 Youth Board, 27, 120 HVAC Repairs, 125 Appropriate Amounts, 150 Budget Approval/Authorization/Amendment Set Public Hearing Date, 132 2008 Cost Allocation, Social Services, 124 Tentative 2010 Public Hearing, 132 2010 Section 5311 Operating Assistance, 145 Budget Adoption 2010, 149 2010/2011 Annual implementation Plan, OFA, 138 Budget Alteration Advance Payment TPA, 77 Hospital & Medical Insurance, 146 Alternatives to Incarceration, 4 Staff Training, Legislature, 146 Building Maintenance Supervisor To Sign, 18, 75 Budget Amendment Correction Officers Benevolent Assoc, 26, 179 Back to School Benifit, 124 County Assessors Salary/Hours, 21 Community Services, 121 Distribution Federal Salary Sharing, 108 Early Intervention, 137 Furniture Shared Public Works Facility, 144 Emergency Management, 56 Increase Hours, Information Processing Specialist, 177 Highway, 43 Insurance Rate Freeze, 145 Household Hazardous Waste, 58 Management Confidential Salary Plan, Weight & Measures Indigent Legal Services, 92 Director, 155 Preschool Special Education Program, 108 Meal Deliverer Hours, 76 Public Safety Communications, 3 Mortgage Tax Distribution, 163 Sale of Wheelchair Van, 29 Purchase Items to Move Departments, 69 Watershed Protection, 74 Regional E911, 104 Reimbursement E911 Services, 119 C Retiree Health Insurance Eligibility, 98 RFP Dental Insurance, 72 Canarx Prescription Program, 76 Shared Public Works, 112 Cost Allocation Certification, 42 Stop DWI Plan 2010, 105 Creation Crime Victims Trust Fund, 45 Town of Hector Deliquent Water Bills, 162 Town of Reading Deliquent Water Bills, 161 Watershed Protection Policy, 28 D Youth Bureau Resource Allocation Plan 2010, 152 Decrease Hours Medical Social Worker, 102 B Watershed Assistant, 151 Delegate Authority Bid Real Property Tax Director, 20 2009 Highway Material, 35 Youth Bureau Amendments, 153 A/C Sheriff Dispatch, 30 Designation Asphalt Emulsions, 50 Depositories, 1 Auditing Services, 19 Legal Newspaper, 1 Bank Run Gravel, 51 Disposition of Claim Cold Mix Stock Pile, 51 Amy K. Lucero, 145 Crushed Stone, 49 Distracted Driving, 5 EMS Paging & Radio Communications, 39 Extension Structural Maintenance, 97 Galvanized Pipe, 49 E Guiderail, 49 Empire Zone Administrative Board, Amend By Laws, 67 Hot Mix Asphalt Concrete, 54 HVAC Repairs/Maintenance, 7 Ice Control Sand, 50 F IP Telephones, 43, 61 Filling Position Logging Recorder, 33 PROCEEDINGS OF THE YEAR 2009 183 Administrative Assistant, 102 Recovery Act Edward Byrne Memorial, 57 Automotive Mechanic Foreperson, 70 Royce Haight Booth Youth Fund, 27 Correction Officer, 23 State Homeland Security, 118 Full Time Lead Cleaner, 29 Triangle Fund, 59 Full Time Temporary DMV Clerk, 37 United Way, Family Play & Resource Center, 16 Motor Equipment Operator, 44 Violence Against Woman, 57 Personnel Officer, 9 Grant Application Probation Officer Trainee, 113 Hazardous Materials Emergency Management, 91 Public Health Nurse, 107 Regional E911, 104 Temp Case Management, 13, 110 Temporary Administrative Asistant, Amendment, 85 H Temporary Administrative Assistant, 70 Temporary Motor Equipment Operator, 36 HAVA Federal Funding, 32 Forgo Pay Raises Elected Officials, 144 Fracturing Responsibility, 106 I Fund Authorization Indigent Legal Services Federal Aid & State Marcisselli Program, Highway, 83 Proposed Fix, 22 Fund Transfer Bridge Repair, 97 Community Services, 95 L Community Services Board Reserve, 155 Lamoka/Waneta Lakes Coroner, 114 Assessment Roll, 161 County Attorney, 25 Bids, 34 Dog Shelter, 119 Directing tax Levy, 161 Human Resources, 111 Public Hearing, 142 ICT Trust Account, 87 Land Coalition Inmate Expenses, 119 Adding Property, 30 Navigation, 80 Layoff Sale of Timber, 75 Amendment, 176 Sheriff Jail Personnel Services, 152 Community Services, 150 Social Services, 176 Social Services, 150 Social Services, Van, 149 Lever Voting Machines, 31 Union Ratification Payments, Sheriff, 90 Local Government Year End, Treasurer, 166 Continuity, 1 Funding Support Local Law *-+ Network, 21 Setting Salaries Elected Officials, 74 Setting Slaries Certain Elected Officials, 65 G Term Limits, 8 Text Messaging, 4, 23 Grant 2008 Fire Prevention, 33 2009/2010 Aid to Prosecution Application, 135 M 2009/2010 Operation Impact Application, 135 Medicaid Relief, 177 2009-2010 Immunization, 41 Mortgage Tax 2009-2010 LEAD, 39 Distribution, 73 2009-2010 Snowmobile, 119 American Recovery & Reinvestment Act Early Intervention, 137 Application 2009/2010 VAWA Stop Firmula District Attorney, 152 N Application 2010/2011 VAWA Recovery District Attorney, 151 Natural Gas Infrastructure, 33 Bioterrorism/Public Health Emergency Preparedness, 137 Nominations Children with Special Health Care Needs, 107 Chairman, 1 County Transit Capital Assistance, 38 NYS Legislature Crime Victims Board, 57 Amend Public Authority Law, 61 District Attorney Compensation, 91 Federal Milk Marketing Improvement Act, 63 Early Intervention, 107 I-86 Completion, 100 Healthy Communities, 121 Jilly's Law, 47 Homeland Security Regional Exercise, Emergency Management, Records Management Improvement Funds, 62 80 Senate & Assembly Bills, 47 Immunization ARRA, 154 State Reduce Spending & Shifting Costs, 129 Interoperable Emergency Communications, 3 New York State Board of Elections, HAVA, 179 Partnership for Youth Acceptance & Renewal, 120 Records Management Microfilming, 8 184 SCHUYLER COUNTY LEGISLATURE O Set Date 2010 Organizational Meeting, 160 Off Track Betting, 122 Year End Meeting, 160 Oil & Gas Drilling, 93 Shared Public Works Facility, 7, 75, 79, 109, 112, 125, 156, 157, 158 Furnature Purchase, 144 P State Park Entrance Clean Up, 72 Surplus/Junk Equipment Petty Cash 2003 Dodge Ram Truck, 110 County Clerk DMV, 31 Emergency Management, 84 Human Resources, 30 Multiple Departments, 31, 159 Policy Adoption/Change/Amendment Sheriff, 45 Management/Confidentail Salary Plan, 7 Telephone System, 97 Management/Confidential Salary Plan, 62, 97 Various Departments, 44 Probation Department Procedures, 92 Vehicles, 71 Purchasing Policies & Procedures, 2 Scented Items, 53 T Substance Abuse/Drug & Alcohol Testing, 126 Lamoka/Waneta Lakes, 151 Table to Floor, 149 Tabled/Failed, 146, 147 Q Tax Town Contribution, 150 Quit Claim Tax Auction Property, 127, 165 Accept/Reject Bids, 131 Treasurer, 113 Tax Correction R Approve Application, 20 Ratification Special Meeting, 38, 87, 89, 131, 149 Denied, 142 Recovery Zone Designation, 126 Omitted Tax Town of Hector, 21 Rescind, 23, 47 State Owned Property Town of Dix, 74 Copier Lease, 142 Town of Montour, 64, 178 Management & Confidential Salary, 144 Town of Reading, 36 Rules of Proceedure Tax Exemption Conform, 2 Indian Tribes, 35 Tax Levy 2010 Equalization Rates, 162 S Taxes Sales & Use Tax Unpaid School, 159 Amendment, 141 Distribution, 142 W Rate Extension, 115 Renewal, 37 Withdrawn, 19, 141, 152, 165