PROCEEDINGS
OF THE
COUNTY LEGISLATURE
OF THE
COUNTY OF SCHUYLER
FOR THE YEAR 2003
MEMBERS OF THE LEGISLATURE
DISTRICT I...... RUTH S. YOUNG SHARON S. BINGELL
DISTRICT II...... THOMAS M. GIFFORD MICHAEL A. YUHASZ DARYL L. SLUSSER
DISTRICT III...... DORIS L. KARIUS DELMAR F. BLEILER GLENN R. LARISON
OFFICERS
CHAIRMAN...... THOMAS M. GIFFORD CLERK...... GAIL M. HUGHEY DEPUTY CLERK...... STACY B. HUSTED COUNTY ATTORNEY...... JAMES P. COLEMAN
PROCEEDINGS
OF THE
COUNTY LEGISLATURE
OF THE
COUNTY OF SCHUYLER
FOR THE YEAR
2003
CHAIRMAN AND CLERK'S CERTIFICATE
STATE OF NEW YORK ) COUNTY OF SCHUYLER )
We, Thomas M. Gifford, Chairman, and Gail M. Hughey, Clerk of the Schuyler County Legislature, each for ourself, do hereby certify that this printed volume is a true record of the acts and proceedings of the Legislature of the County of Schuyler, State of New York, for the year 2003, pursuant to Section 211 of the County Law.
THOMAS M. GIFFORD Chairman, Schuyler County Legislature GAIL M. HUGHEY Clerk, Schuyler County Legislature
DEDICATIONS 2003 PROCEEDINGS OF THE SCHUYLER COUNTY LEGISLATURE
Shirley Churches
Shirley joined the Schuyler County Department of Social Services on April 24, 1978 as a Community Services Aide. On February 17, 1983 she started working as a typist with the Civil Defense Department. Then on November 14, 1988 she was promoted to the Deputy Civil Defense Director/Emergency Management Coordinator & Deputy County Fire Coordinator with Emergency Services, a title she held until her retirement on February 27, 2003.
Tivon Meir
Tivon joined the Schuyler County Office for the Aging on July 15, 1996 as a Meal Deliverer. He was promoted to Services Aide on July 03, 2000, a title he held until his retirement on May 31, 2003.
Linda Wood
Linda joined the Schuyler County Buildings and Grounds Department on January 04, 1989 as a Cleaner, she held this title until her retirement on September 26, 2003.
Charles D. Povero
Charles joined the Schuyler County Highway Department on May 09, 1990 as a Motor Equipment Operator. He was promoted to Heavy Equipment Operator in 1999, a title he held until his retirement on November 26, 2003.
Ruth S. Young
Ruth joined the Schuyler County Legislature on November 10, 1997 as a legislator. She held this title until her retirement on December 31, 2003.
Nancy A. Peters
Nancy joined the Schuyler County Treasurer’s Office on October 03, 1977 as a Senior Account Clerk Typist. She was promoted to many titles such as Account Clerk Typist, Deputy County Treasurer and County Treasurer Budget Officer, a title that she held until her retirement on December 31, 2003.
James E. Halpin
Jim joined Schuyler County as the Public Defender on January 01, 1972. He held this title until his retirement on December 31, 2003.
Sandra Denise Teeter
Sandra joined the Schuyler County Board of Elections on January 23, 1984 as an Elections Deputy Clerk. She was then promoted to Elections Clerk on January 18, 1988. She was then once again promoted, this time to Deputy Democratic Elections Commissioner, a title that she held until her retirement on December 31, 2003.
TABLE OF CONTENTS
Resolutions – 2003 (Numerical, By Meeting)……………………………………………I Resolutions – 2003 (By Category)…………………………………………………..…239
REGULAR AND SPECIAL MEETINGS: Organizational Meeting January 6…………………………………………..………... 1 Regular Meeting January 13...………………………………………………………... 3 Special Meeting February 3…………………………………………………………… 15 Regular Meeting February 10..………………………………………………………... 16 Special Meeting February 27………………………………………………………….. 29 Regular Meeting March 10……………………………………………………………. 32 Regular Meeting April 14. ……………………………………………………………. 50 Special Meeting May 2…………………………………………………………………70 Regular Meeting May 12..…………………………………………………………….. 71 Regular Meeting June 9..……………………………………………………………… 83 Regular Meeting July 14……..…………………………………………………..……. 97 Special Meeting July 24 ………………………………………………………………. 105 Special Meeting August 4 …………………………………………………………….. 107 Regular Meeting August 11…………………………………………………..……….. 109 Special Meeting August 28 …………………………………………………………… 122 Special Meeting September 8…………………………………………………………. 126 Regular Meeting October 14………………………………………………………….. 137 Regular Meeting November 10……………………………………………….………. 155 Special Meeting November 19 …………………………………………………..…… 170 Special Meeting December 1 …………………………………………………………. 175 Regular Meeting December 8 ………………………………………………………… 186 Special Meeting December 11………………………………………………………… 202 Special Meeting December 16………………………………………………………… 206 Year End Meeting December 29………………………………………………………. 215
Annual Budget of 2004, County of Schuyler………………………………………….. 206 Annual Budget of 2003, County of Schuyler …………………………………………. 219
Mortgage Tax Distribution: October 1, 2002 through March 31, 2003 ……………………………………….92 April 1, 2002 through September 30, 2002 …………………………………….198
RESOLUTION BY NUMBER – 2003 I
2003 RESOLUTIONS BY NUMBER
ORGANIZATIONAL MEETING JANUARY 6, 2003
1. Close Nominations - 2003 Chairperson Of The Schuyler County Legislature 2. Appointment - Chair, Schuyler County Legislature – 2003 3. "Continuity Of Local Government" For 2003 4. Designation Of Legal County Newspaper 5. Designation Of Depositories For Schuyler County Funds 6. Conform To "Rules Of Procedure" 7. Appointment - Chief Voting Machine Custodian 8. Appointment - Chief Coroner For 2003 9. Appointment – County Historian 10. Schedule Of Salaries For 2003 11. Appointment - Budget Officer For 2003 12. Appointment To The Municipal Electric And Gas Alliance (Mega)
REGULAR MEETING JANUARY 13, 2003
13. Approve Minutes Of The May 13, 2002 Regular Meeting, June 10, 2002 Regular Meeting And June 17, 2002 Special Meeting Of The Schuyler County Legislature 14. Authorize Schuyler County Youth Bureau Resource Allocation Plan For 2003 And Related Contracts 15. Appointment To Alcohol And Substance Abuse Subcommittee – Mental Health 16. Authorize Advertisement For Material Bids For The Highway Department For 2003 17. Authorize Advertisement For Utility Truck – Highway 18. A Resolution Authorizing The Purchase Of Various Vehicles And Equipment In And For The County Of Schuyler, New York, At A Total Maximum Estimated Cost Of $119,000, And Authorizing The Issuance Of $119,000 Bonds Of Said County To Pay The Costs Thereof 19. Authorize Lease Agreement With Community Dispute Resolution Center - Buildings And Grounds 20. Authorize Lease Agreement With Schuyler County Youth Bureau - Buildings And Grounds 21. Adopt And Ratify Intergovernmental Agreement For Operation Of The Lamoka/Waneta Lakes Protection And Rehabilitation Districts And Appoint Commissioners/Directors 22. Local Law Intro. No. 1 Of The Year 2003 Amending Local Law No. 12 Of 2000 To Revise An Empire Zone (Formerly Known As An Economic Development Zone) SCHUYLER COUNTY LEGISLATURE I
23. Authorize Bishop Sheen Ecumenical Housing Foundation To Apply For A Home Program Grant And A Community Development Block Grant (Cdbg) On Behalf Of Schuyler County 24. Authorize Contract Renewal With Finger Lakes Wine Country For 2003 25. Resolution In Support Of Joining Southern Tier Organization To Reform Medicaid (Storm) 26. Authorize Letter To Erie County In Support Of Their Efforts Regarding Medicaid Reform 27. Local Law Intro. No. 9 Of The Year 2002/Local Law No. Of The Year 2003 Setting Salaries For Certain Public Officers For The Year 2003 W/D Authorize Sale Of Surplus County Property In The Town Of Catharine – Withdrawn 28. Authorize Advertisement For Bids For Application And Monitoring Expenses For The Lamoka/Waneta Lakes Protection Rehabilitation District 29. Authorize Re-Appointment Of The Commissioner Of Social Services 30. One-Year Appointments 31. Two-Year Appointments 32. Appointment – Soil And Water Conservation Board Of Directors 33. Appointments – Schuyler County Industrial Development Agency (Scida) 34. Appointments – Emergency Medical And Highway Safety Committee 35. Appointments – Schuyler County Youth Board 36. Appointment – Cooperative Extension Service 37. Appointment – Community Services Board And Mental Retardation/ Developmental Disabilities Committee 38. Appointment – Southern Tier Central Regional Planning & Development Board 39. Appointment – Labor/Management Committee 40. Appointment – Agriculture And Farmland Protection Board 41. Appointments – Auditing Committee 42. Appointment - Forest Practice Board 43. Appointment – Scoped Board Of Directors 44. Motion To Bring Three (3) Resolutions To The Floor 45. Authorize Contract Renewal With Cornell Cooperative Extension Of Schuyler County For Recycling And Solid Waste Education And Coordination For The Year 2003 46. Amend 2003 Salary Schedule 47. Authorize Contract With Barrett Funeral Home For Exhumation Services/ Transfer Of Funds – District Attorney
SPECIAL MEETING FEBRUARY 3, 2003
48. Ratification Of Special Meeting Call 49. Authorize The Creation And Filling Of A Typist/Keyboard Specialist Position In The Emergency Management Office
RESOLUTION BY NUMBER – 2003 I
REGULAR MEETING FEBRUARY 10, 2003
50. Approve Minutes Of The July 8, 2002 Regular Meeting Of The Schuyler County Legislature 51. Authorize Policy Setting Forth Responsibility For Private Road Signs Throughout Schuyler County – Emergency Management 52. Authorize Grant Application With State Emergency Management Office 53. Authorize Grant Application With Federal Emergency Management Agency Under The Federal Fiscal Year 2002 Emergency Supplemental Appropriations Bill 54. Authorize Grant Application With New York State Division Of Criminal Justice Services For Canine Vehicle – Sheriff’s Department 55. Approve Alternatives To Incarceration Service Plan – Probation 56. Resolution In Support Of The Application For The Industrial Access Program (Iap) Grant For The Village Of Odessa To Use For The Parmenter Industrial Access Road Which Is Included In The Empire Development Zone – Highway Department 57. Resolution Authorizing Advertisement For The Reconstruction Of The Burdett Pedestrian Bridge On County Route 5 – Highway Department 58. Authorize Contract With The State Of New York For Clean Water/Clean Air Act Funds – Seneca Harbor Park 59. Authorize Contract With Hunt Engineers To Provide Construction Documents And Specifications, Bid Administration, Estimated Disbursements And Construction Administration – Seneca Harbor Park 60. A Resolution Authorizing Engineering Work In Connection With The Seneca Harbor Breakwater Project In And For The County Of Schuyler, New York, At A Maximum Estimated Cost Of $40,000; Authorizing The Issuance Of $40,000 Bonds Of Said County To Pay The Cost Thereof 61. Authorize Contract With Wood Consulting & Testing Services To Provide Construction Documents And Specifications, Bid Administration, Estimated Disbursements And Construction Administration At A Cost Of $40,000 – Seneca Harbor Park 62. Authorize Hiring A Temporary Full-Time Cleaner Until Full-Time Cleaner Out On Disability Returns To Work – Buildings And Grounds 63. Authorize Amendments To The Management/Confidential Salary Plan 64. Declare Computer/Printer Surplus – Youth Bureau 65. Delegate Authority To Sign Amendments – Youth Bureau 66. Authorize Contracts For Families First Program For 2003 – Youth Bureau 67. Amend 2003 Budget For Tanf Services Plan – Social Services 68. Amend 2003 Budget For Non-Residential Domestic Violence Grants – Social Services 69. Resolution To Approve Application For Corrected Tax Roll – Town Of Hector, Tax Map 44.19-1-51, Clawson 70. Resolution To Approve Application For Corrected Tax Roll – Town Of Tyrone, Tax Map 39.-1-45.111 , Canfield SCHUYLER COUNTY LEGISLATURE I
71. Resolution To Approve Application For Corrected Tax Roll – Town Of Cayuta, Tax Map 112.-1-27./2, Crown Atlantic Co. Llc 72. Resolution To Approve Application For Corrected Tax Roll – Town Of Catharine, Tax Map 88.13-1-66, Solid Rock Youth Ministries 73. Resolution To Approve Application For Corrected Tax Roll – Town Of Reading, Tax Map 52.-1-29.21, Rowe 74. Authorize Purchase Of Equipment/Transfer Of Funds – Board Of Elections 75. Authorize Contract Renewal With Michelle Berliss For Psychological Services For 2003 – Mental Health 76. Authorize Application For An “Eat Well, Play Hard” Grant Through The New York State Department Of Health – Public Health 77. Authorize Contract Renewal With Miller Associates For Home Health Therapy Services For 2003 – Public Health 78. Authorize Contract Renewal With Pathways, Inc. For 2003 – Mental Health 79. Authorize Renewal Agreement With Health Care Compliance Enterprise – Mental Health W/D Local Law Intro. No. 1/Local Law No. 1 Of The Year 2003 Amending Local Law No. 12 Of The Year 2000 To Revise An Empire Zone (Formerly Known As An Economic Development Zone) – Withdrawn 80. Authorize Four Resolutions Be Brought To The Floor 81. Amend Resolution No. 45-03 Titled - Authorize Contract Renewal With Cornell Cooperative Extension Of Schuyler County For Recycling And Solid Waste Education And Coordination For The Year 2003 82. Appointment – Schuyler County Planning Commission 83. Appointment – Environmental Management Council 84. Authorize Payment To Barrett Funeral Home/Transfer Of Funds – District Attorney 85. Oppose Closing Of The Elmira Psychiatric Center
SPECIAL MEETING FEBRUARY 27, 2003
86. Ratification Of Special Meeting Call 87. Amend Management/Confidential Salary Plan Relative To Grade Level For Emergency Management Coordinator 88. Authorize Temporary Appointment And Set Salary/ Authorize Advertisement For Vacancy – Emergency Management Coordinator 89. Amend Management/Confidential Salary Plan Relative To Grade Level For Deputy Emergency Management Coordinator 90. Authorize Advertisement To Fill Part-Time Deputy Emergency Management Coordinator Position 91. Local Law Intro. No. 1/Local Law No. 1 Of The Year 2003 Amending Local Law No. 12 Of The Year 2000 To Revise An Empire Zone (Formerly Known As An Economic Development Zone) 92. Resolution Requesting The Commissioner Of Economic Development To Approve The Schuyler County Empire Zone Boundary Revision RESOLUTION BY NUMBER – 2003 I
93. Authorize Contract With National Medical Services – District Attorney
REGULAR MEETING MARCH 10, 2003
94. Approve Minutes Of The August 12, 2002 Regular Meeting, August 27, 2002 And September 3, 2002 Special Meetings Of The Schuyler County Legislature 95. Resolution Urging New York State To Continue Financial Support For A Completed I86 Highway Through New York’s Southern Tier And Hudson Valley 96. Resolution In Support Of The Reauthorization Of The Transportation Equity Act For The 21st Century 97. Authorize Amendment To 2003 Alcoholism Services Agreement And 2003 County Budget – Mental Health 98. Amend Resolution No. 408-02 – 2002-2003 Early Intervention / Child Find / Cshcn Grant And Budget – Public Health 99. Amend 2002 County Budget – Mental Health 100. Recognize April As Alcohol Awareness Month – Mental Health 101. Authorize Contract Renewal With Stafkings Healthcare Systems For Home Health Services From 1/1/03-12/31/03 - Public Health 102. Authorize Contract Renewal With Yates County, As Lead Agency, For Corporate Compliance Through The S²Ay Rural Health Network Public Health 103. Recognize April 7 – 13, 2003 As National Public Health Week – Public Health 104. Authorize Contract With The University Of Rochester For Hommed Equipment – Public Health 105. Authorize Contract With The University Of Rochester For Hommed Equipment – Public Health 106. Amend 2003 Budget For Flacra Tanf Services Agreement – Mental Health 107. Authorize Approval Of The Lead Poisoning Prevention Program 2003 – 2004 – Public Health 108. Establish 2003–2004 Immunization Grant Budget – Public Health 109. Authorize Out Of State Travel – Public Health 110. Authorize Contract Renewal With Office For The Aging For Heap Outreach Services – Social Services 111. Authorization To Amend The New Directions Youth And Family Agreement For Non-Secure Detention – Social Services 112. 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 113. Adoption Of The Amended And Restated Deferred Compensation Model Plan 114. Amend Management Level Salaries Relative To Cost Of Living Adjustments In Accordance With The Management/ Confidential Salary Plan SCHUYLER COUNTY LEGISLATURE I
115. Amend Management/Confidential Salary Plan As It Relates To Needs Improvement 116. Resolution In Support Of Converting Chips O & M To Chips Capital – Highway Department 117. Authorize The Implementation And Funding In The First Instance 100% Of The Federal Aid And State “Marchiselli” Program-Aid Eligible Costs, Of A Transportation Federal-Aid Project, And Appropriating Funds Therefore For County Route 6 Bridge Replacement Over Taughannock Creek – Highway Department 118. Resolution To Approve Application For Refund Of Taxes – Town Of Orange, Tax Map 93.-1-33.12, Haight, Real Property Tax Service 119. Resolution To Approve Application For Refund Of Taxes – Town Of Tyrone, Tax Map 39.5-1-35, Lewis-Salesky, Real Property Tax Service 120. Resolution To Approve Application For Refund Of Taxes, Town Of Tyrone, Tax Map 39.-1-7, Yeoman, Real Property Tax Service 121. Resolution To Approve Application For Refund Of Taxes – Town Of Orange, Tax Map 60.1-1-7, Craft, Real Property Tax Service 122. Resolution To Approve Application For Refund Of Taxes, Town Of Tyrone, Tax Map 51.-1-11.13, Oliver, Real Property Tax Service 123. Authorize Five-Year Agreement With Nts Data Services, Llc For Software And Maintenance – Board Of Elections 124. Authorize Transfer Of Funds For Personal Services – District Attorney 125. Local Law Intro. No. 2 Of The Year 2003 Setting The Salary Of The Assistant District Attorney (Full-Time) 126. Authorize Contract Renewal With Michael Powers For Investigative Services – District Attorney 127. Authorize Creation Of Additional Assistant District Attorney Position/Acknowledge Appointment And Set Salary – District Attorney 128. Authorize Appointment Of Deputy Fire Coordinator – Emergency Management 129. Authorize Grant Application For Wireless E-911 Services – Emergency Management 130. Amend Schuyler County Policies And Procedures Relative To Photo Identification Cards For County Employees 131. Authorize Temporary Increase In Hours For Account Clerk Typist – Probation 132. Authorization To Amend 2003 Budget – Youth Bureau 133. Accept/Reject Bids For Application And Monitoring Expenses For The Lamoka/Waneta Lakes Protection Rehabilitation District 134. Resolution Authorizing The Issuance Of Not Exceeding $214,005.00 Bonds Of The County Of Schuyler, New York, To Pay The Cost Of Improvements In Connection With The Establishment Of The Lamoka/Waneta Lakes Aquatic Vegetation Control & Water Quality District (Commonly Referred To And Hereafter To Be Officially Known As The “Schuyler County Lamoka/Waneta Lakes Protection And Rehabilitation District”) In And For Said County 135. Appointment – Workforce Development Board 136. Appointments – Environmental Management Council RESOLUTION BY NUMBER – 2003 I
137. Appointments – Planning Commission 138. Authorize Transfer Of Funds For Insurance – Unallocated Insurance 139. Authorize Transfer Of Funds For Insurance – Highway 140. Authorize Petty Cash For The Emergency Management Office 141. Authorization To Apply For Byrne Anti-Drug Funds – Sheriff’s Department 142. Appointment To S2ay Advisory Board 143. Authorize Grant Application With New York State Division Of Veterans Affairs – Veterans Service Agency 144. Authorize Amendment To The Schuyler County Code Of Ethics 145. Authorize Copier Lease With Eastern Copy Products – Legislature And Public Health 146. Motion To Bring One (1) Resolution To The Floor 147a. Motion To Amend Resolution No. 147 147. Resolution In Opposition Of The President’s Proposal To Change The Purpose Of Or The Administrative Format Of Head Start - As Amended
REGULAR MEETING APRIL 14, 2003
148. Approve Minutes Of The September 9, 2002 Regular Meeting, September 18, 2002 Special Meeting, October 7, 2002 Special Meeting, October 15, 2002 Regular Meeting, October 30, 2002 Special Meeting And November 12, 2002 Regular Meeting Of The Schuyler County Legislature 149. Amend Resolution No. 161-02 – Small Cities Economic Development Grant For Former Shepard Niles Premises / Authorize Use Of Funds For Economic Development For Shepard Niles Premises 150. Resolution Urging The New York State Legislature To Enact An Updated And Expanded Bottle Bill 151. Amend Flacra Tanf Agreement And Amend 2003 Budget – Mental Health 152. Authorize Agreement With Laidlaw Transit, Inc. For Transportation – Mental Health 153. Recognize Month Of May As "Mental Health Month” – Mental Health 154. Recognize May 6 – 12, 2003 As National Nurses Week – Public Health 155. Policy For Establishing Eligibility Criteria For The Physically Handicapped Children’s Program (Phcp) – Public Health 156. Authorize Agreement With The Arc Of Schuyler County Glen Industries For A Peer Specialist And Amend 2003 Budget – Mental Health 157. Authorize Contract With Schuyler County Child Abuse Task Force, Inc. – Mental Health 158. Authorize Appointment To The Schuyler County Youth Board 159. Authorize Petty Cash For The Human Resources Department 160. Authorize Contract With Ebs Benefit Solutions – Human Resources 161. Recognize Week Of April 27-May 3, 2003 As “National Volunteer Week” 162. Appointment To The Computer Coordination Committee 163. Authorize Filling Of Part-Time Corrections Officer – Sheriff’s Department SCHUYLER COUNTY LEGISLATURE I
164. Authorize The Sheriff To Notify Cellular Phone Providers On Redirecting 911 Calls 165. Authorize Memorandum Of Understanding With The Town Of Hector For Court Officers Services – Sheriff’s Department 166. Authorize Grant Application For Federal Emergency Management Agency Disaster Mitigation Grant – Emergency Management 167. Authorize Volunteer Endorsement For Worker’s Compensation Policy- Tabled 168. Local Law Intro. No. 2/Local Law No. Of The Year 2003 Setting The Salary Of The Assistant District Attorney (Full-Time) 169. Authorize Transfer Of Funds For Truck Repairs – Weights And Measures 170. Authorize Maintenance Agreement With Emergency Power Systems, Inc. – Buildings And Grounds 171. Declare Equipment Surplus For Public Auction 172. Accept/Reject Bids For Replacement Of Tug Hollow Bridge Over Hector Falls Creek 173. Authorize Acceptance In Anticipation Of Receiving Multi-Modal Funds For The Replacement Of Tug Hollow Bridge In The Village Of Burdett- Highway 174. Accept Bids For Asphalt Emulsions 175. Accept Bids For Bank Run Gravel, Modified Gravel, Sand & Select Granular Fill 176. Accept Bids For Bituminous Concrete Asphalt 177. Accept Bids For Cold Mix Stock Pile Patching Material 178. Accept/Reject Bids For Galvanized Pipe, Flared End Sections 179. Accept Bid For Guide rail 180. Accept Bids For Ice Control Sand 181. Accept Bids For Crushed Stone (Limestone) Crushed Gravel 182. Accept Bids For Pavement Markings 183. Accept Bids For Ready Mix Concrete, Concrete Retaining Wall Blocks 184. Accept Bids For Signs, Sign Posts, Extensions And Sign Blanks 185. Accept Bids For Steel Pipe, Polyethylene Pipe, Gabion Baskets, Steel Plate & Shop Steel 186. Accept Bid For Tree Removal 187. Resolution Requesting The New York State Legislature To Enact Legislation Allowing Schuyler County To Increase Its Room Tax To 4% 188. Authorize Contract Renewal With Michael Powers For Investigative Services – District Attorney 189. Authorize Letter Of Understanding For Human Resource And Family First Responsibilities –Failed 190. Authorize Appointment To Southern Tier Regional Emergency Services (Strems) Board Of Directors And Council 191. Establish Hiring Directive For 2003 – Failed 192. Appointment – Rsvp Advisory Council 193. Authorize Establishment Of A Health Insurance Portability And Accountability Act (Hipaa) Committee RESOLUTION BY NUMBER – 2003 I
194. Authorize Memorandum Of Agreement With The Deputy Sheriffs Association 195. Motion To Bring Two (2) Resolutions To The Floor 196. Authorize Application For 2003-2004 Crime Victims Board Grant Through New York State Crime Victims Board – District Attorney 197. Authorize Grant Application For Triangle Fund Grant – Youth Bureau
SPECIAL MEETING MAY 2, 2003
198. Ratification Of Special Meeting Call 199. Authorize Appointment And Set Salary- Emergency Management Coordinator 200. Authorize Creation And Filling Of Temporary Civil Service Clerk Position
REGULAR MEETING MAY 12, 2003
W/D Authorize Appointment Of Privacy And Complaint Officers – Public Health And Mental Health – Withdrawn 201. Authorize Out Of Country Travel – Mental Health 202. Authorize Filling Of Staff Social Worker Position – Mental Health 203. Support The Amendment Of New York Mental Hygiene Law Subsection 43.03 (C) – Mental Health 204. Recognize May 11 – 17, 2003 As National Women’s Health Week – Public Health 205. Recognize June 9 – 15, 2003 As National Men’s Health Week – Public Health 206. Authorize Agreement With Family Services Of Chemung County, Inc. For Crisis Services And Amend 2003 Budget - Mental Health 207. Amend Agreement With Flacra And Amend 2003 Budget – Mental Health 208. Amend Agreement With Council On Alcoholism & Other Chemical Dependencies Of The Finger Lakes, Inc. And Amend 2003 Budget – Mental Health 209. Authorize Memorandum Of Agreement With Cynthia Terry, Md As Medical Director – Public Health 210. Authorize Appointment To The Schuyler County Youth Board 211. Authorize Youth Bureau/Watkins Glen International Raceway Employment Program 212. Authorize Agreement For Tanf Services Plan – Social Services 213. Authorize Transfer Of Funds To Pay Juvenile Delinquency Expenses - Social Services 214. Clarification On Second Railroad Crossing Into Seneca Harbor Park 215. Authorize Creation And Filling Of One (1) Seasonal Laborer Position And Filling Of The Two (2) Seasonal Laborer And One (1) Motor Equipment Operator Positions – Highway 216. Authorize Agreements For Joint Municipal Gravel Pit – Highway SCHUYLER COUNTY LEGISLATURE I
217. Authorize Agreement With The Krog Corporation – Seneca Harbor Park 218a. Motion To Amend Resolution No. 218 218. Local Law Intro. No. 3/Local Law No. Of The Year 2003 Setting The Salary For The Position Of County Treasurer – As Amended 219. Authorize Contract With Ebs Benefit Solutions – Human Resources 220. Set Thresholds And Useful Lives For Capital Assets For Gasb 34 221. Resolution To Declare Equipment Surplus – Real Property Tax Service 222. Authorize Contract Renewal With Iron Mountain/National Underground Storage – County Clerk 223. Authorize Contract With Strems To House Mci Trailer – Emergency Management 224. Authorize Agreement With Finger Lakes National Forest For Fire Suppression – Emergency Management 225. Authorize Grant Application With State Emergency Management Agency Under The New York State Emergency Response Commission – Emergency Management 226a. Motion To Amend Resolution No. 226 226. Authorize Contract For Grant Administration For All Hazards Grant – Emergency Management – As Amended 227a. Motion To Table Resolution No. 227 227. Authorize Creation Of Temporary Emergency Management Coordinator Position 228. Authorize Contract With Health Care Compliance Enterprise, Llc For An Initial Hipaa Assessment 229. Motion To Bring Three (3) Emergency Resolutions To The Floor 230. Authorize Advertising For Bids For Transportation Of Preschool Children With Disabilities From 7/1/03 - 6/30/2004 Public Health 231. Resolution Requesting The New York State Legislature To Pass Senate Bill S.3327 And Assembly Bill A.7185 Authorizing An Additional 1% Sales Tax For Schuyler County Pursuant To Section 40 Of The Municipal Home Rule Law 232. Resolution Requesting The New York State Legislature To Pass Senate Bill S.3413 And Assembly Bill A.7348 Authorizing An Additional 2% Room Tax For Schuyler County Pursuant To Section 40 Of The Municipal Home Rule Law
REGULAR MEETING JUNE 9, 2003
233. Approve Minutes Of The November 25, 2002 Special Meeting, December 3, 2002 Special Meeting, December 5, 2002 Special Meeting, December 9, 2002 Regular Meeting, December 11, Public Hearing, December 11, 2002 Special Meeting, December 19, 2002 Special Meeting And December 27, 2002 Year End Meeting Of The Schuyler County Legislature RESOLUTION BY NUMBER – 2003 I
234. Authorize Contract Extension And Appropriation With Cornell Cooperative Extension For Recycling Education And Solid Waste Coordination For Remainder Of 2003 235. Authorize Change In Membership Of County Planning Commission Members Due To New Legislation 236. Amend 2003 County Budget For Cost Of Living Adjustment (Cola) – Mental Health 237. Amend 2003 Budget For A Southern Tier Tobacco Awareness Coalition Mini Grant – Public Health 238. Amend 2003 Budget For A Worksite Healthy Heart Mini Grant – Public Health 239. Authorize Agreement With Watkins Glen Central School District For Transportation Services And Amend 2003 Budget – Mental Health 240a. Motion To Amend Resolution No. 240 240. Authorize Creation And Filling Of A Code Enforcement Officer Position For Inclusion Into The Management/Confidential Salary Plan – Emergency Management – As Amended – Failed 241. Authorize Transfer Of Funds For Use Of E-911 Reserve – Emergency Management 242. Authorize Grant Application And Subsequent Contract For Step Grant – Sheriff’s Department 243. Authorize Filling Of A Deputy Sheriff Sergeant Position – Sheriff’s Department 244. Authorize Contract With The Odessa-Montour Central School District – Records Management 245. Approve Application For Credit Of Real Property Taxes – Crance 246. Approve Application For Refund Of Real Property Taxes – Hugo 247. Authorize Transfer Of Funds For Conference Expenses – Board Of Elections 248. Authorize Transfer Of Funds To Purchase A Computer – Office For The Aging 249. Accept And Recommend Approval Of The Facilities Master Plan For Corning Community College 250. Local Law Intro. No. 3/Local Law No. 4 Of The Year 2003 Setting The Salary For The Position Of County Treasurer 251. Authorizing Distribution Of Mortgage Tax Receipts Pursuant To Section 261 Of The New York State Tax Law 252. Resolution Requesting The New York State Legislature To Enact Legislation Allowing Schuyler County To Increase Its Mortgage Tax By ¼% And To Utilize Said Increase Specifically To Offset Community College Expenses 253. Authorize Transfer Of Funds To Town Of Hector For The Sale Of Timber On Federally Owned Entitlement Land 254. Set Tax Auction Sale Date/Authorize Chairman To Sign “Notice To Vacate” 255. Accept Proposal For Engineering Services From Hunt Engineering For Design Of Cr-23 Culvert – Highway 256. Authorize Engineering Consultant Agreement With Hunt Engineers For The Design Of County Route 06 Bridge Replacement – Highway 257. Amend The 2003 County Road And Machinery Fund Budgets – Highway SCHUYLER COUNTY LEGISLATURE I
258. Accept/Reject Bids For Transportation Of Preschool Children With Disabilities From 7/1/03-6/30/04 – Public Health 259. Resolution Requesting The New York State Legislature To Pass Senate Bill S. 5370 And Assembly Bill A. 8738 Authorizing An Increase In Mortgage Tax By ¼% And To Utilize Said Increase Specifically To Offset Community College Expenses For Schuyler County Pursuant To Section 40 Of The Municipal Home Rule Law 260a. Motion To Amend Resolution No. 260 260. Acknowledge Appointment And Set Salary – Deputy Emergency Management Coordinator – As Amended 261. Authorize Contract For Secretarial Services – District Attorney
JULY 14, 2003 REGULAR MEETING
262. Approve Minutes Of The January 6, 2003 Organizational Meeting, January 13, 2003 Regular Meeting, February 3, 2003 Special Meeting, February 10, 2003 Regular Meeting, February 27, 2003 Special Meeting, March 10, 2003 Regular Meeting, April 14, 2003 Regular Meeting, May 2, 2003 Special Meeting And May 12, 2003 Regular Meeting Of The Schuyler County Legislature 263. Authorize Amendment To The Flacra Tanf Agreement And Amend 2003 Budget – Mental Health 264. Authorize Trading Partner Agreement And Trading Partner – Electronic Data Interchange For Preschool Supportive Health Services Program – Public Health 265. Authorize Agreement With Scott Forbes For Critical Incident Training And Amend 2003 Budget – Mental Health 266. Authorize Increase In Hours Of Youth Program Coordinator Position Temporarily – Youth Bureau 267. Resolution Of The Legislature Of The County Of Schuyler, Electing Temporary Exemptions From Sales And Compensating Use Taxes For Receipts From Retail Sales Of, And Consideration Given Or Contracted To Be Given For, Certain Clothing And Footwear 268. Amend Schuyler County Policies And Procedures Relative To Retiree Health Insurance 269. Authorize Transfer Of Funds To Purchase Equipment – Buildings And Grounds 270. Authorize Transfer Of Funds To Purchase An Orthopedic Chair – County Attorney’s Office 271. Accept Bid For The Sale Of The 2000 Tax Map Set 272. Authorize Contract Renewal With Sentinel For Electronic Home Monitoring Program - Probation Department 273. Annual Update Of The 2004 Pins Diversion Plan-Probation Department 274. Authorize Increase In Coroner Fee And Administrative Payment To Chief Coroner For 2004 RESOLUTION BY NUMBER – 2003 I
275. Authorize Transfer Of Funds From Contingency– Coroner 276. Declare Vehicle Surplus And Transfer To The Monterey Fire Department– Sheriff’s Department 277. Authorization To Fill Part-Time Deputy Sheriff Position – Sheriff’s Department 278. Declare Equipment Surplus – Sheriff’s Department 279. Authorize Transfer Of Funds From Seized Assets – Sheriff’s Department 280. Appointment - Schuyler County Industrial Development Agency (Scida) 281. Authorization To Commit Not More Than $5,000 From The Fiscal Year 2004 Budget For The Purpose Of Participating In The Development And Implementation Of A Watkins Glen/Montour Falls Business District Improvement Strategy And To Enter Into An Inter-Municipal Agreement To Establish An Advisory Board To Oversee Development And Implementation Of This Improvement Strategy 282. Authorize Contract With Dell For Extended Warranty – Treasurer’s Office 283. Authorize Contract With The Town Of Tyrone - Records Management 284. New York Tourist Promotion Act Designation By County Of Official Tourist Promotion Agency 2003-2004 285. Accept Offers To Purchase And Quitclaim Property Taken By Tax Deed 286. Authorization To Bring Two (2) Resolutions To The Floor 287. Authorize Contract For The New York State Crime Victim’s Board Grant – District Attorney 288. Authorize Temporary Appointment – Probation Department
SPECIAL MEETING JULY 24, 2003
289. Ratification Of Special Meeting Call 290. Authorize The Creation And Filling Of A Clerk Position On A Part-Time Basis In The District Attorney’s Office 291. Authorize Contract With Hunt Engineers For Architectural Services For The District Attorney’s Office Space And Amend 2003 Budget – Buildings And Grounds 292. Authorize Agreement With Silverline For Removal Of The County Route 16 Bridge Structure And The Installation And Removal Of A Temporary Detour– Highway Department 293. Authorize Agreement With Hunt Engineers For Design Work For County Route 16 Bridge Replacement – Highway Department
SPECIAL MEETING AUGUST 4, 2003
294. Ratification Of Special Meeting Call 295. Approval And Ratification Of Collective Bargaining Agreement Covering Employees In The Schuyler County Administrative Unit 296. Accept Tax Auction Bids SCHUYLER COUNTY LEGISLATURE I
REGULAR MEETING AUGUST 11, 2003
W/D Approve Minutes Of The June 9, 2003 Regular Meeting Of The Schuyler County Legislature – Withdrawn 297. Authorize Contract With Schuyler County Partnership For Economic Development (Scoped) To Administer The Remaining Canal Corridor Initiative Program Funds 298. Agreement To Be Local Sponsor For Snowmobile Trails Grant Application For Snowmobile Clubs For 2003-2004 299. A Resolution To Adopt The Revisions To Agricultural District #1 Comprising Certain Lands In The Towns Of Hector And Montour 300. Amend Agreement With The University Of Rochester For Equipment Rental Of A Central Station - Public Health 301. Recognize September As National Alcohol And Drug Addiction Recovery Month - Mental Health 302. Authorize Transfer Of Funds For Healthy Heart Worksite Mini Grant - Public Health 303. Amend Agreement With Human Service Development For Emergency (Bioterrorism) Planning – Public Health 304. Authorize Agreement With Richard Kwitek For Outcome Evaluation Of Home Monitoring System And Amend Budget – Public Health 305. Amend Management/Confidential Salary Plan Factor Rating System And Salary Ranges 306. Declare Equipment Surplus – Human Resources Department 307. Resolution Authorizing Non-Schuyler County Government Political Subdivisions To Participate In County Purchase Contracts 308. Authorize Lease Agreement With Families First Program- Buildings And Grounds 309. Adopt An Amended Schuyler County Cellular Phone Policy 310. Authorize Maintenance Agreement With Bouille Electric, Inc. – Buildings And Grounds 311. Authorize Transfer Of Funds To Purchase Computer – Highway Department 312. Authorize Agreement With Psi, Inc. For Drilling Services – Highway Department 313. Resolution To Approve Application For Refund Of Taxes – Hubbard 314. Authorize Letter Of Interest For Participation In The State-Wide Wireless Network 315. Authorization For Chairman To Sign Commitment Letter With New York State Division Of Probation And Correctional Alternatives- Probation 316. Authorization To Apply For Byrne Anti-Drug Funds – Sheriff’s Department 317. Authorize Transfer Of Vehicle From Sheriff’s Department To Central Garage For Use By The Office Of Emergency Management 318. Authorize Stop DWI Plan For 2004 – Sheriff’s Department 319. Authorize Temporary Increase In Hours Of RESOLUTION BY NUMBER – 2003 I
Typist/Keyboard Specialist – Emergency Management 320. Authorize Transfer Of Funds For Health Care Compliance Enterprise For Hipaa Assessment 321. Motion To Bring Two (2) Resolutions To The Floor 322a. Motion To Amend Resolution No. 322 – Failed 322. Authorize All Authorized County Travel Mileage To Be Paid At The Rate Of $.37.5 Per Mile For All County Employees – Failed 323. Authorize Defense – Cook –Vs- County Of Schuyler, Et Al
SPECIAL MEETING AUGUST 28, 2003
324. Ratification Of Special Meeting Call 325. Resolution Of The Legislature Of The County Of Schuyler, Extending The Additional Rate Of Taxes On Sales And Uses Of Tangible Personal Property And On Certain Services, And On Occupancy Of Hotel Rooms, Amusement Charges And Club Dues, Pursuant To Article 29 Of The Tax Law Of The State Of New York And Exempting Certain Residential Energy Sources And Services From Such Additional Rate Of Tax
REGULAR MEETING SEPTEMBER 8, 2003
326. Approve Minutes Of The June 9, 2003 Regular Meeting, The June 23, 2003 Public Hearing And The July 14, 2003 Regular Meeting Of The Schuyler County Legislature 327. Authorize Appointment To The Community Services Board - Mental Health 328. Authorize Filling Of Staff Social Worker Position - Mental Health 329. Authorize Agreement With Dennis Morris For Legal Services – Office For The Aging 330. Authorize Agreement With Erie County For The Purchase Of Software – Office For The Aging 331. Authorize Contract With Catholic Charities For Non-Residential Domestic Violence Services Round Three And Amend 2003 Budget – Social Services 332. Accept/Reject Bids For The Replacement Of Copiers For Schuyler County Offices For The Period 1/1/2004 – 12/31/2006 333. Declare Equipment Surplus – Highway Department 334. Authorize Amendment To The Schuyler County Code Of Ethics 335. Authorize Change In Civil Service Fees 336. Authorize Transfer Of Funds For Truck Repair – Weights And Measures 337. Authorize Cleaning/ Maintenance Contract With Schuyler County Court Facilities – Buildings And Grounds 338. Accept/Reject Request For Proposals For Alarm Testing And Maintenance- Building And Grounds 339. Authorize Contract With Hunt Engineers, Architect, & Surveyors – Buildings And Grounds SCHUYLER COUNTY LEGISLATURE I
340. Authorize Agreement With Empire State Forest Services – Building And Grounds 341. Accept/Reject Bids For The Construction Of County Road 16 Bridge Over Tributary To Meads Creek Bin# 3332670 342. Authorize Agreement With Roy Teitsworth – Highway 343. Authorize Transfer Of Funds From Permanent Improvements 5112.569 To Reconstruction Of Cr 16 Bridge Bin 3332670- Highway 344. Amend Schuyler County Policies And Procedures Relative To Use Of Personal Vehicle – Highway 345. Authorize Sale Of Abandoned State Highway Property On Buck Hill Road – Highway Department 346. Authorize Transfer Of Funds From Contingency To Pay For Salaries – Board Of Elections 347. Authorize Transfer Of Funds To Purchase Laptop Computer And Projector – Emergency Management 348. Authorize Transfer Of Funds To Purchase A Voice Recorder For The 911 Center – Emergency Management 349. Authorize Emergency Management Office To Provide Mutual-Aid To Other Counties 350. Authorization For Chairman To Sign Use And Dissemination Agreement With New York State Division Of Criminal Justice Services- Probation 351. Authorization To Create And Fill A Probation Officer Position – Probation Department 352. Authorizing The Implementation And Funding In The First Instance 100% Of The Federal Aid-Eligible Costs Of A Transportation Federal-Aid Emergency Relief Project, To Fully Fund The Local Share Of Federal-Aid Eligible And Ineligible Project Costs And Appropriating Funds Therefore – Highway 353. Authorize Creation Of Shared Services Committee 354. Authorize Memorandum Of Agreement With Employees In The Schuyler County Administrative Unit 355a. Motion To Amend Resolution No. 355 – Failed 355. Resolution Supporting The New York State Certified Apprenticeship Program – Failed 356. Resolution To Recommend That The New York State Regional Office Of The Department Of Health Grant The Montour Moose Lodge #426 A Waiver From The No Smoking Ban 357. Motion To Bring Two (2) Resolutions To The Floor 358. Authorize Application And Contract For 2003/2004 Nys Aid To Prosecution Grant - District Attorney 359. Authorize Change In Funding Method For Payments To County For Lands In National Forest System - Finger Lakes National Forest W/D Approve Minutes Of The July 24, 2003 Special Meeting, The August 4, 2003 Special Meeting, The August 11, 2003 Regular Meeting, The August 28, 2003 Special Meeting And The September 8, 2003 Regular Meeting Of The Schuyler County Legislature – Withdrawn 360a. Motion To Table Resolution No. 360 RESOLUTION BY NUMBER – 2003 I
360. Authorize Chairman Of Legislature To Sign Petition To Village Of Watkins Glen Requesting A Village Resolution Authorizing Preparation Of A District Plan For A Watkins Glen Business Improvement District – Tabled 361. Authorize 2003 - 2004 Early Intervention/Child Find/Cshcn Grant And Establish Budget – Public Health 362. Authorize charlotte Jaynes As Information Security Officer (Iso) – Community Services/Public Health 363. Authorize Out Of State Travel For Dr. Dascalu – Mental Health 364. Authorize Agreement With Health Research, Inc. And Amend 2003 County Budget – Public Health 365. Authorize Marcia Kasprzyk As Acting Director Of Patient Services - Public Health 366. Authorize Contract With Schuyler Head Start - Mental Health 367. Authorize Change In Criteria For The Physically Handicapped Children’s Program - Public Health 368. Authorize Increase In Medicaid Transportation Reimbursement Rate – Social Services 369. Authorization To Increase The Hours Of The Paralegal Position – Social Services 370. Amend Management/Confidential Salary Plan To Modify Performance Appraisal Salary Advancement For The Year 2004 371. Local Law Intro. No. 4 Of The Year 2003 Setting Salaries For Certain Public Officers For The Year 2004 372. Authorize Transfer Of Funds/Authorize Contract Addendum With Health Care Compliance Enterprise For Health Insurance Portability Accountability Act (Hipaa) Compliance 373. Resolution To Re-Establish The Health Insurance Review Committee 374. Authorize Transfer Of Funds To Cover Retroactive Union Salaries And Cost Of Living Adjustments – Treasurer 375. Authorize Lease Renewal With Cornell Cooperative Extension – Buildings And Grounds 376. Authorize Lease Renewal With Finger Lakes Alcoholism Counseling And Rehabilitation Association (Flacra) – Buildings And Grounds 377. Authorize Monitoring Agreement Renewal With Sentry Alarm/Cpe Communications For Fire Alarm Monitoring – Buildings And Grounds 378. Authorize Lease Renewal With The Schuyler County Youth Bureau – Buildings And Grounds 379. Authorize Amendment To The 2003 Lease Agreement With Families First – Buildings And Grounds 380. Authorize Lease Agreement With The Rape Crisis Center For 2003-2004 – Buildings And Grounds 381. Authorize Lease Renewal With Families First – Buildings And Grounds 382. Adopt Policy And Procedure For The Use Of The Central Garage – Highway Department 383. Accept Proposal From Dicks Enterprises For Deer Carcass Removal – Highway Department SCHUYLER COUNTY LEGISLATURE I
384. Authorize Contract Renewal With Meteorlogix For Weather Station – Highway Department 385. Authorize Contract With Hunt Engineers For The Construction Inspection Services For County Route 16 Bridge Replacement – Highway Department 386. Amend Resolution No. 215-03 Titled - Authorize Creation And Filling Of One (1) Seasonal Laborer Position And Filling Of The Two (2) Seasonal Laborer And One (1) Motor Equipment Operator Positions – Highway 387. Request State To Abandon Maintenance Jurisdiction Of Land In The Town Of Catharine Acquired For Highway 388. Adopt Increase In The Current Aged Exemption Sliding Scale Income Limit – Real Property Tax 389. Authorize Intergovernmental Agreement With All Schuyler County Townships For Remote Connection To County Network – Information Technology Services 390. Resolution Advocating A Voter-Verified Paper Trail In Our Voting Machines – Board Of Elections 391. Authorize Funding Immunizations To The Humane Society Employees Handling Dogs And Cats At The Clinics – Sheriff’s Department 392. Authorize Agreement With Op-Tech Environmental Services, Inc. To Provide Emergency Response To Hazardous Material Conditions – Emergency Management 393. Authorize 2002-2003 Grant Applications With The State Homeland Security Grant Program, Coordinated By New York State Weapons Of Mass Destruction Task Force – Emergency Management 394. Re-Appointment Of Ron Alexander To The Conditional Release Commission – Probation Department 395. Authorize Transfer Of Funds For Expert Witness Expense – District Attorney 396. Authorize Contracts For Projects As A Result Of Flood Damage – Highway Department 397. Local Law Intro. No. 5 Of The Year 2003 Amending Local Law No. 2 Of 1988 To Increase The Room Tax From 2% To 4% 398. Resolution Establishing A Mortgage Tax Increase For Schuyler County To Offset Community College Expenses 399. Authorize Filling Of Social Work Assistant Position - Mental Health 400. Extend Agreement With Schuyler Hospital, Inc. For Homecare And Rehabilitation Therapy Services For 2002 - 2003 - Public Health W/D Authorize Memorandum Of Agreement With The Deputy Sheriff’s Association – Withdrawn 401. Motion To Bring Four (4) Resolutions To The Floor 402. Authorize Transfer Of Funds - District Attorney 403. Amend Resolution No. 346-03/Authorize Transfer Of Funds From Contingency To Pay For Salaries – Board Of Elections – Failed 404. Endorse Concept Of Part-Time Public Defender Office For Preliminary Budget Purposes 405. Resolution Supporting The New York State Certified Apprenticeship Program
RESOLUTION BY NUMBER – 2003 I
REGULAR MEETING NOVEMBER 10, 2003
406. Approve Minutes Of The July 24, 2003 Special Meeting, The August 4, 2003 Special Meeting, The August 11, 2003 Regular Meeting, The August 28, 2003 Special Meeting, The September 8, 2003 Regular Meeting And The October 14, 2003 Regular Meeting Of The Schuyler County Legislature 407. Designation Of The Agriculture Farmland And Protection Board As The Lead Agency For Seqr Review For Agricultural District #1 408. Authorize Transfer Of Funds To Pay For Expenditures In The Department Of Social Services 409. Authorize Appointments To The Schuyler County Youth Board 410. Authorize Contracts For Families First Program For The Year 2004 – Youth Bureau 411. Authorize Schuyler County Youth Bureau Resource Allocation Plan For 2004 And Related Contracts 412. Authorize Grant Application For Youth Garden Grant – Youth Bureau 413. Delegate Authority To Sign Amendments – Youth Bureau 414. Declare Equipment Surplus – Real Property Tax Agency 415. Authorize Inter-Municipal Agreement With Chemung County To Share The Schuyler County Real Property Tax Director Position 416. Set Stipend For Additional Real Property Tax Director Services And Amend The 2003 Budget – Real Property Tax 417. Authorize Distribution Of Federal Salary Sharing Funds And Amend 2003 County Budget - Mental Health 418. Authorize Transfer Of Funds For Early Intervention/Child Find/Schcn Grant - Public Health 419. Authorize Appointment To The Mental Health Subcommittee - Mental Health 420. Authorize Agreement With Globalstar Usa, Llc For Satellite Telephones - Public Health 421. Amend Contract With Schuyler Hospital, Inc. For Homecare And Rehabilitative Services For 2002 - 2003 - Public Health 422. Authorize Transfer Of Funds - Mental Health 423. Authorize Contract Renewal With All-Mode Communications – Buildings And Grounds 424. Authorize Lease Agreement With Watershed/Public Health – Buildings And Grounds 425. Authorize Transfer Of Funds For Navigation – Sheriff’s Department 426. Designation Of The Communications Center As The County’s Public Safety Answering Point 427a. Motion To Amend Resolution No. 427 427. Authorize Contract With Hunt Engineers For The District Attorney’s Office – As Amended 428. Authorize Grant Application For Wireless E-911 Services – Emergency Management SCHUYLER COUNTY LEGISLATURE I
429. Authorize Rate Renewal With Blue Cross/Blueshield Of Central New York For Health Insurance For The Year 2004 430. Authorize Rate Renewal With Ghi For Dental Insurance For The Year 2004 431. Local Law Intro. No. 4 Of The Year 2003 Setting Salaries For Certain Public Officers For The Year 2004 432. Local Law Intro. No. 5/Local Law No. 5 Of The Year 2003 Amending Local Law No. 2 Of 1988 To Increase The Room Tax From 2% To 4% - Failed 433. Set Date For Public Hearing On County Budget For 2004 434. Set Date For Special Meeting Of The Legislature 435. Half-Day Holiday Adopted For All County Employees 436. Authorize Purchase Of Mortgage Tax Book – County Clerk 437. Authorize Advertisement To Fill Full-Time Public Defender Position 438. Authorize Establishment Of And Funding For A Sesquicentennial Committee 439. Authorize Revision Of County Hiring Directive 440a. Motion To Table Resolution No. 440 440. A Resolution Regarding The Usa Patriot Act Ii And The Protection Of Civil Rights And Liberties – Tabled 441. Authorize Creation Of Crime Victim Services Coordinator Position – District Attorney’s Office 442. Authorize Two (2) Resolutions Be Brought To The Floor 443. Amend The 2003 County Road And Machinery Fund Budgets – Highway 444. Set Tax Auction Sale Date/Authorize Chairman To Sign “Notice To Vacate”
SPECIAL MEETING NOVEMBER 19, 2003
445. Ratification Of Special Meeting Call 446. Set The Time And Place Of The Public Hearing On The Completion And Filing Of The Lamoka/Waneta Lakes Protection And Rehabilitation District 447. Authorization To Fill Vacant Heavy Equipment Operator Position-Highway 448. Authorize Transfer Of Funds From Maintenance Of Roads To Administration – Highway Department 449. Authorize Transfer Of Funds From Contingency To Community Colleges, Coroner And Justice Of The Peace 450a Motion To Table Resolutions No. 450 And 451 450. Alteration Of Tentative Budget Pursuant To County Law Section 358 – Social Services – Failed 451. Authorize Filling The Mobile Work Crew Supervisor Position – Social Services – Failed 452. Alteration Of Tentative Budget Pursuant To County Law Section 358 – Finger Lakes Wine Country 453. Alteration Of Tentative Budget Pursuant To County Law Section 358 – Social Services 454. Alteration Of Tentative Budget Pursuant To County Law Section 358 – Chamber Of Commerce RESOLUTION BY NUMBER – 2003 I
455. Alteration Of Tentative Budget Pursuant To County Law Section 358 – Public Defender 456. Alteration Of Tentative Budget Pursuant To County Law Section 358 – Contingency
SPECIAL MEETING DECEMBER 1, 2003
457. Ratification Of Special Meeting Call 458. Local Law Intro. No. 6./Local Law No. Of The Year 2003 Establishing A Schuyler County Motor Vehicle Use Tax 459. Alteration Of Tentative Budget Pursuant To County Law Section 358 – County Clerk 460. Acknowledge Appointment And Set Salary For Human Resources Clerk
REGULAR MEETING DECEMBER 8, 2003
461. Approve Minutes Of The November 10, 2003 Regular Meeting And The November 19, 2003 Special Meeting Of The Schuyler County Legislature – Withdrawn 462. Authorize Creation Of A Senior Registered Professional Nurse Position - Mental Health 463. Authorize Appointments To The Community Services Board - Community Services 464. Amend Agreement With Extradev, Inc. For Computer Services – Public Health 465. Authorize Appointment To The Mental Health Subcommittee - Community Services 466. Authorize Increase In Staff Psychiatrist Salary – Community Services 467. Authorize Transfer Of Funds For Bond Payments – Mental Health 468. Authorize Contract Renewal With Dr. Savithri Satti - Community Services 469. Authorize Contract Renewal With The Council On Alcoholism And Other Chemical Dependencies Of The Finger Lakes, Inc. For 2004 – Community Services 470. Authorize Contract Renewal With Finger Lakes Addictions Counseling And Referral Agency For Alcohol And Substance Abuse Services For 2004 – Community Services 471. Authorize Contract Renewal With Affiliated Psychological Consultants, Pc – Community Services 472. Approval Of The Office For The Aging 2004 Annual Implementation Plan For The Older Americans Act And New York State Community Services For The Elderly Programs 473. Authorize Contract Renewal With The Office For The Aging For Heap Administration – Social Services 474. Amend Department Of Social Services 2003 Budget SCHUYLER COUNTY LEGISLATURE I
475. Authorize Town Of Hector Delinquent Water Bills To Be Charged On The January, 2004, Town And County Tax Bills – Real Property Tax Service 476. Authorize Town Of Reading Delinquent Sewer And Water Bills To Be Charged On The January, 2004, Town And County Tax Bills – Real Property Tax Service 477. Resolution To Adopt Equalization Rates For The Apportionment Of The Year 2004 County Tax Levy – Real Property Tax Service 478. Authorize Contract Renewal With Weiler Mapping, Inc. For Annual Tax Map Maintenance – Real Property Tax Service 479. Completion And Filing Of The Assessment Roll For The Year 2003 For The Lamoka/Waneta Lakes’ Protection And Rehabilitation District In The Town Of Tyrone, In The County Of Schuyler, And State Of New York 480. Establish New Fee Schedule For The Real Property Tax Service Office 481. Resolution To Increase Chargebacks To The Towns For Supplies And Administrative Assistance – Real Property Tax Service 482. Authorize Ongoing Agreement With Time Warner Cable/Road Runner For Internet Services - Information Technology 483. Local Law Intro. No. 4/Local Law No. Of The Year 2003 Setting Salaries For Certain Public Officers For The Year 2004 484. Authorizing Distribution Of Mortgage Tax Receipts Pursuant To Section 261 Of The New York State Tax Law 485. Set Date - 2003 Year End Meeting Of The Schuyler County Legislature 486. Set Date - 2004 Organizational Meeting Of The Schuyler County Legislature 487. Unpaid School Taxes – Assessed And Relevied For 2003-2004 488. Approve Alternatives To Incarceration Service Plan-Probation 489. Appointment - Deputy Fire Coordinator – Emergency Management 490. Authorize Contract Renewal With Motorola – Emergency Management 491. Authorize Grant Application For 2003 Fire Prevention And Safety Grant – Emergency Management 492. Authorize Grant Application For Prevention Of Residential Fire-Related Injuries Grant – Emergency Management 493. Adopt A Revised Schuyler County Comprehensive Emergency Plan 494. Authorize Filling Corrections Officer Position – Sheriff’s Department 495. Authorization To Apply For Byrne Anti-Drug Funds – Sheriff’s Department 496. Amend The 2003 Machinery Fund Budget – Highway 497. Authorize Agreement With Dot Commerce Incorporated For Web Page Creations – Information Technology Services 498. Authorize Memorandums Of Agreement With The Deputy Sheriff’s Association 499. A Resolution Regarding The Usa Patriot Act Ii And The Protection Of Civil Rights And Liberties 500. Alteration Of Tentative Budget Pursuant To County Law Section 358 501. Motion To Bring Two (2) Resolutions To The Floor 502. Appointment – Schuyler County Public Defender 503. Authorize Transfer Of Funds From County Road To Snow Removal – Highway Department RESOLUTION BY NUMBER – 2003 I
SPECIAL MEETING DECEMBER 11, 2003
504. Ratification Of Special Meeting Call 505. Authorize Transfer Of Funds For Overtime – Highway Department 506. Alteration Of Tentative Budget Pursuant To County Law Section 358 – Mental Health 507. Alteration Of Tentative Budget Pursuant To County Law Section 358 – Public Defender – Failed 508. Alteration Of Tentative Budget Pursuant To County Law Section 358 – Public Defender – Failed 509. Alteration Of Tentative Budget Pursuant To County Law Section 358 – Public Defender 510. Authorize Agreement For Operational Expenses – Public Defender’s Office 511. Authorize Creation And Filling Of A Confidential Secretary To The Public Defender Position 512. Adoption Of Schuyler County Budget For 2004 513. Appropriate The Several Amounts Specified In Budget In Column Entitled "2004" 514. 2004 Budget Of $3,572,154.00: Legislature To Determine Town Contribution To County Taxes And Issue Certificate To Each Town
SPECIAL MEETING DECEMBER 16, 2003
515. Ratification Of Special Meeting Call 516. Local Law Intro. No. 6./Local Law No. 5 Of The Year 2003 Establishing A Schuyler County Motor Vehicle Use Tax 517. Resolution In Support Of A Schuyler County Citizen Corps Council And Authorize Schuyler County To Be The Lead Agent In Applying For A Grant 518. Authorize 2003 Budget Modification And Transfer Of Funds – Office For The Aging
YEAR END MEETING DECEMBER 29, 2003
519. Approve Minutes Of The November 10, 2003 Regular Meeting And The November 19, 2003 Special Meeting Of The Schuyler County Legislature 520. Authorize Transfer Of Funds – Various Departments 521. Dedication Of 2003 Proceedings 522. Authorize Transfer Of Funds – Various Departments 523. Authorization To Fill Projected Vacant Caseworker Position In Adult Services – Department Of Social Services 524. Authorize Advertisement And/Or Purchase Of Equipment/Vehicles – Highway SCHUYLER COUNTY LEGISLATURE I
525. Renew Agreement With Human Service Development For Emergency (Bioterrorism) Planning – Public Health 526. Authorizing The Filing Of An Application For A Dell Recycling Grant For Computer Recycling And Signing Of The Associated Contract, Under The Appropriate Laws 527. Authorize Filling Two (2) Seasonal Laborer Positions – Highway 528. Amend Department Of Social Services 2003 Budget 529. Authorize Filling Typist/Keyboard Specialist Position – Emergency Management
PROCEEDINGS OF THE YEAR 2003 1 ORGANIZATIONAL MEETING JANUARY 6, 2003
The January 6, 2003 Organizational Meeting of the Schuyler County Legislature was called to order at 1:00 p.m. by Gail M. Hughey, Clerk, acting as Temporary Chair. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. MOTION by Legislator Karius to nominate Thomas M. Gifford as Chairman of the Legislature, SECOND by Legislator Bingell. There were no other nominations from the floor. RESOLUTION NO. 1 Motion by Bingell, Second by Bleiler. RE: CLOSE NOMINATIONS - 2003 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the nominations for the 2003 Chairperson of the Schuyler County Legislature be closed. VOTE: Passed 8-0. RESOLUTION NO. 2 Motion by Karius, Second by Larison. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2003 BE IT RESOLVED, that Thomas M. Gifford be Chairperson of the Schuyler County Legislature for the year 2003. VOTE: Passed 8-0. RESOLUTION NO. 3 Motion by Bleiler, Second by Bingell. RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 2003 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 2003, as follows: Chairman Thomas M. Gifford #1 Vice-Chairman Ruth S. Young #2 Vice-Chairman Doris L. Karius #3 Vice-Chairman Delmar F. Bleiler, Jr. #4 Vice-Chairman Glenn R. Larison #5 Vice-Chairman Sharon S. Bingell #6 Vice-Chairman Michael A. Yuhasz #7 Vice-Chairman Daryl L. Slusser VOTE: Passed 8-0. RESOLUTION NO. 4 Motion by Bleiler, Second by Bingell. RE: DESIGNATION OF LEGAL COUNTY NEWSPAPER BE IT RESOLVED, that The Watkins Review & Express weekly newspaper within Schuyler County, be designated as the legal County paper to publish resolutions, election notices, official canvass and other notices. VOTE: Passed 8-0. RESOLUTION NO. 5 Motion by Karius, Second by Young. RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS BE IT RESOLVED, that the Depositories for Schuyler County funds be the following banks and for the following amounts: HSBC Watkins Glen Office Franklin at Eight Street Watkins Glen, NY 14891 $8,000,000.00 CHEMUNG CANAL TRUST COMPANY Montour Falls or Watkins Glen Office 303 W. Main Street 2 SCHUYLER COUNTY LEGISLATURE Montour Falls, NY 14865 $8,000,000.00 TOMPKINS COUNTY TRUST COMPANY Main Street Odessa, NY 14869 $8,000,000.00 CHASE MANHATTAN 1975 Lake Street Elmira, NY 14901 $8,000,000.00 COMMUNITY BANK, N.A. Watkins Glen Office 401 N. Franklin Street Watkins Glen, NY 14891 $8,000,000.00 VOTE: Passed 8-0. RESOLUTION NO. 6 Motion by Bingell, Second by Bleiler. RE: CONFORM TO "RULES OF PROCEDURE" BE IT RESOLVED, that the "Rules of Procedure", as adopted on January 13, 1992 to be effective January 13, 1992, and as last revised October 12, 1999, be conformed to. VOTE: Passed 8-0. RESOLUTION NO. 7 Motion by Bingell, Second by Young. RE: APPOINTMENT - CHIEF VOTING MACHINE CUSTODIAN BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by the Elections Commissioners of David A. Stamp as the County's Chief Voting Machine Custodian for the year 2003. VOTE: Passed 8-0. RESOLUTION NO. 8 Motion by Larison, Second by Bingell. RE: APPOINTMENT - CHIEF CORONER FOR 2003 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 2003, at an additional stipend of $1,000 for administrative duties to be paid quarterly at the rate of $250.00 per quarter. VOTE: Passed 8-0. RESOLUTION NO. 9 Motion by Bingell, Second by Larison. RE: APPOINTMENT – COUNTY HISTORIAN BE IT RESOLVED, that Barbara Bell be appointed as County Historian for the year 2003. VOTE: Passed 8-0. RESOLUTION NO. 10 Motion by Bingell, Second by Bleiler. RE: SCHEDULE OF SALARIES FOR 2003 BE IT RESOLVED, that the Schedule of Salaries for 2003, as on file, be adopted, effective January 1, 2003, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 2003 Salary Schedule. VOTE: Passed 8-0. RESOLUTION NO. 11 Motion by Bingell, Second by Karius. RE: APPOINTMENT - BUDGET OFFICER FOR 2003 BE IT RESOLVED, that Nancy A. Peters be appointed Budget Officer for the year 2003 at a salary of $3,000. VOTE: Passed 8-0. RESOLUTION NO. 12 Motion by Karius, Second by Bleiler. RE: APPOINTMENT TO THE MUNICIPAL ELECTRIC AND GAS ALLIANCE (MEGA) WHEREAS, there is a vacancy on the MEGA Board of Directors due to the resignation of Jerold Marvel, and WHEREAS, the first meeting of the year for the MEGA Board is January 10, 2003 and the Chairman wishes to have Schuyler County properly represented at that meeting. PROCEEDINGS OF THE YEAR 2003 3 NOW, THEREFORE, BE IT RESOLVED, that Ruth S. Young be appointed to the MEGA Board of Directors effective immediately until the end of her legislative term expiring December 31, 2003. VOTE: Passed 8-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 1:32 P.M. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk
REGULAR MEETING JANUARY 13, 2003
The January 13, 2003 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. 7:00 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 9/LOCAL LAW NO. 2 OF THE YEAR 2003 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2003: None. RESOLUTION NO. 13 Motion by Young, Second by Bingell. RE: APPROVE MINUTES OF THE MAY 13, 2002 REGULAR MEETING, JUNE 10, 2002 REGULAR MEETING AND JUNE 17, 2002 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the May 13, 2002 Regular Meeting, June 10, 2002 Regular Meeting and June 17, 2002 Special Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 14 Motion by Larison, Second by Bingell. RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2003 AND RELATED CONTRACTS WHEREAS, the Schuyler County Youth Bureau has prepared and the Human Services Committee recommends approval of the Youth Bureau’s Resource Allocation Plan for the year 2003. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the Youth Bureau’s Resource Allocation Plan and to execute all other documents pertinent to the operation of the Schuyler County Youth Bureau for the year 2003 within budgeted allocations; subject to approval of the Schuyler County Attorney, as follows: Cornell Cooperative Extension CASA of Chemung/Schuyler County Catholic Charities of the Southern Tier Council on Alcoholism of the Finger Lakes Region Community Dispute Resolution Center VOTE: Passed 8-0. RESOLUTION NO. 15 Motion by Larison, Second by Bingell. RE: APPOINTMENT TO ALCOHOL AND SUBSTANCE ABUSE SUBCOMMITTEE – MENTAL HEALTH WHEREAS, the Alcohol and Substance Abuse Subcommittee of the Community Services Board has a vacancy. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of William Sullivan to the Alcohol and Substance Abuse Subcommittee for the term January 1, 2002 through December 31, 2005. VOTE: Passed 8-0. RESOLUTION NO. 16 Motion by Larison, Second by Bingell. 4 SCHUYLER COUNTY LEGISLATURE RE: AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR THE HIGHWAY DEPARTMENT FOR 2003 WHEREAS, in accordance with Section 103 of General Municipal Law, all purchase contracts involving an expenditure of more than $10,000 and all contracts for public works involving an expenditure of more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this section. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be hereby authorized to advertise for bids for materials and supplies for 2003 and/or participate with the State of New York in its bids, and BE IT FURTHER RESOLVED, that, as in the past, the Towns and Villages of Schuyler County so authorized by County Resolution be allowed to participate in said bids. VOTE: Passed 8-0. RESOLUTION NO. 17 Motion by Bingell, Second by Larison. RE: AUTHORIZE ADVERTISEMENT FOR UTILITY TRUCK - HIGHWAY WHEREAS, in accordance with Section 103 of General Municipal Law, all purchase contracts involving an expenditure of more than $10,000 and all contracts for public works involving an expenditure of more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this section, and WHEREAS, funding is available in the 2003 budget account no. 5130.245 for the purchase of a utility truck for the Machinery Department. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to set specifications and advertise for bids for a 2003 Utility Truck and/or utilize State Bid Contract Vendors. VOTE: Passed 8-0. RESOLUTION NO. 18 Motion by Bingell, Second by Larison. RE: A RESOLUTION AUTHORIZING THE PURCHASE OF VARIOUS VEHICLES AND EQUIPMENT IN AND FOR THE COUNTY OF SCHUYLER, NEW YORK, AT A TOTAL MAXIMUM ESTIMATED COST OF $119,000, AND AUTHORIZING THE ISSUANCE OF $119,000 BONDS OF SAID COUNTY TO PAY THE COSTS THEREOF BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the County Legislature of the County of Schuyler, New York, as follows: Section 1. The following are hereby authorized in and for the County of Schuyler, New York: The purchase of a vehicle lift at a maximum estimated cost of $7,400, being a specific object or purpose having a period of probable usefulness of five years pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; The purchase of various passenger vehicles at a maximum estimated cost of $47,300, being a class of objects or purposes having a period of probable usefulness of three years pursuant to subdivision 77 of paragraph a of Section 11.00 of the Local Finance Law; The purchase of a passenger van for the Office for Aging at a maximum estimated cost of $21,000, being a specific object or purpose having a period of probable usefulness of five years pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law; and The purchase of vehicles for use by the Highway Department and Buildings and Grounds at a maximum estimated cost of $43,300, being a class of objects or purposes having a period of probable usefulness of ten years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The total maximum estimated cost of the aforesaid objects or purposes is $119,000, and the plan for the financing thereof is by the issuance of $119,000 bonds of said County hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law, to be allocated in accordance with the maximum estimated costs set forth in Section 1 hereof. Section 3. The faith and credit of said County of Schuyler, New York, are hereby irrevocable pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on PROCEEDINGS OF THE YEAR 2003 5 such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law. Section 5. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. This resolution, which takes effect immediately, shall be published in full in The Watkins Review & Express, the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. VOTE: Passed 7-1. No: Karius. RESOLUTION NO. 19 Motion by Bingell, Second by Larison. RE: AUTHORIZE LEASE AGREEMENT WITH COMMUNITY DISPUTE RESOLUTION CENTER - BUILDINGS AND GROUNDS WHEREAS, Community Dispute Resolution Center has requested the use of available office space in Suite 301 of the Rural Urban Center. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with Community Dispute Resolution Center for rental of 60 sq. ft. in Suite 301 of the Rural Urban Center at a cost of $9 per square foot, said lease to run from January 1, 2003, through December 31, 2003, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 20 Motion by Young, Second by Bingell. RE: AUTHORIZE LEASE AGREEMENT WITH SCHUYLER COUNTY YOUTH BUREAU - BUILDINGS AND GROUNDS WHEREAS, there will be a decrease in the square footage of office space used by the Youth Bureau in Suite 301 of the Rural Urban Center for the year 2003, and WHEREAS, the contract change requires approval by Resolution. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with the Schuyler County Youth Bureau for rental of 634 sq. ft. in Suite 301 of the 6 SCHUYLER COUNTY LEGISLATURE Rural Urban Center at a cost of $9 per square foot, said lease to run from January 1, 2003, through December 31, 2003, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 21 Motion by Young, Second by Bingell. RE: ADOPT AND RATIFY INTERGOVERNMENTAL AGREEMENT FOR OPERATION OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICTS AND APPOINT COMMISSIONERS/DIRECTORS WHEREAS, the counties of Schuyler and Steuben and their respective affected townships have previously adopted Resolutions creating Lakes Protection and Rehabilitation Districts (herein “Lakes Districts”), and WHEREAS, said Districts have been approved by referendum, the NYS Comptroller and the NYS DEC, and WHEREAS, an Intergovernmental Agreement as attached hereto and on file specifying the operation of such districts under a joint commission is necessary to proceed. NOW, THEREFORE, BE IT RESOLVED, that the Lakes Districts Intergovernmental Agreement is hereby approved, adopted and ratified by the County of Schuyler and that the following persons are hereby appointed to the joint offices of Commissioners of the Lamoka/Waneta Lakes District Commission and as the Board of Directors for the special assessment districts heretofore created, to wit: Seven (7) voting members and two (2) ex officio non-voting members as follows: 1. Ruth S. Young (Schuyler County Legislator) (1 yr) 2. George Whipple (Orange Elected Official) (2 yrs) 3. Kay Houtaling (Tyrone Elected Official) (2 yrs) 4. Gordon Shafer (Lamoka Lake Property Owner) (4 yrs) 5. Dennis Fagan (Waneta Lake Property Owner) (4 yrs) 6. Elaine Dalrymple (Schuyler County Soil & Water District – Ex Officio), and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby acknowledge the following appointees from Steuben County to serve on said Commission: 1. Kevin Morris (Steuben County Property Owner) (4 yrs) 2. David Sonner (Wayne Elected Official) (2 yrs) 3. Jeff Parker (Steuben County Soil & Water District – Ex Officio), and BE IT FURTHER RESOLVED, that the Clerk of the Legislature forward certified copies hereof to all municipalities and commissioners involved as well as the Schuyler County Treasurer and Steuben County Clerk to the Legislature. VOTE: Passed 8-0. RESOLUTION NO. 22 Motion by Young, Second by Bingell. RE: LOCAL LAW INTRO. NO. 1 OF THE YEAR 2003 AMENDING LOCAL LAW NO. 12 OF 2000 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) BE IT RESOLVED, that Local Law Intro. No. 1 of the year 2003, in the form hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on February 10, 2003 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 1 OF THE YEAR 2003 BE IT ENACTED, by the Schuyler County Legislature, as follows: Section 1. By Local Law No. 12-2000, this Legislature authorized an application for the designation of an Empire Zone relative to certain land within Schuyler County Empire Zone. Section 2. That the County of Schuyler has received Empire Zone approval from New York State. Section 3. By Local Law No. 12-2000, adopted on November 15, 2000, the Empire Zone was established. Section 4. By Local Law No. 1-2001, adopted on January 30, 2001, the Empire Zone was amended. PROCEEDINGS OF THE YEAR 2003 7 Section 5. It is the desire of this Legislature to authorize an application to revise the Empire Zone, to include 962.2669 acres located in Schuyler County. Section 6. The County of Schuyler is hereby authorized to submit an application to revise the Empire Zone to include the property described in Section 7 of this Local Law. Section 7. The boundary of the Empire Zone, as described in Local Law No. 12-2000 and Local Law No. 1-2001, shall be amended to include the properties generally described as follows: Section 8. The Commissioner of the New York State Department of Economic Development is hereby requested to revise the boundaries of the Empire Zone in accordance with this Local Law. Section 9. In all other respects, Local Law No. 12-2000 and Local Law No. 1-2001, shall remain in full force and effect. Section 10. This Local Law shall take effect immediately subject to filing in the Office of the Secretary of State. NOTE: The acreage and property description will be filled in after the boundary revision submission is approved by the state (sometime after January 15). This information will be available for the public hearing and final adoption in February. VOTE: Passed 8-0. RESOLUTION NO. 23 Motion by Karius, Second by Young. RE: AUTHORIZE BISHOP SHEEN ECUMENICAL HOUSING FOUNDATION TO APPLY FOR A HOME PROGRAM GRANT AND A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ON BEHALF OF SCHUYLER COUNTY WHEREAS, the United States Department of Housing and Urban Development (HUD) provides, through the New York State Division of Housing and Community Renewal (DHCR), grants under the HOME Program, a program for moderate rehabilitation of owner-occupied homes, with a potential to serve the entire County, and WHEREAS, the United States Department of HUD also has funding available through the Small Cities Community Development Block Grant (CDBG) for the purpose of undertaking housing, economic development and public facility projects, and WHEREAS, Bishop Sheen Ecumenical Housing has the staffing and expertise to apply for these funds on behalf of Schuyler County, and there is a need for these programs county-wide, and WHEREAS, two public hearings are required to be held in conjunction with the preparation of the CDBG application in order to obtain the views of residents regarding housing needs and the County’s grant application, according to a plan for citizen participation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize Bishop Sheen Ecumenical Housing Foundation to apply for funds through the HOME Program and CDBG Program on behalf of Schuyler County, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute any documents necessary to effectuate the County’s application as described above, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature be directed to advertise the two required public hearings to be conducted by Schuyler County as follows: February 10, 2003 at 7:00 P.M. in the Legislative Chambers March 10, 2003 at 7:00 P.M. in the Legislative Chambers VOTE: Passed 8-0. RESOLUTION NO. 24 Motion by Karius, Second by Young. RE: AUTHORIZE CONTRACT RENEWAL WITH FINGER LAKES WINE COUNTRY FOR 2003 WHEREAS, the term of the contract with Finger Lakes Wine Country is changing from a three-year contract to an annual contract, which requires legislative approval. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Finger Lakes Wine Country for promotional activities for the term January 1, 2003 8 SCHUYLER COUNTY LEGISLATURE through December 31, 2003, in an amount of $15,000, funding available in the 2003 budget account no. 6410.311; contract subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 25 Motion by Karius, Second by Young. RE: RESOLUTION IN SUPPORT OF JOINING SOUTHERN TIER ORGANIZATION TO REFORM MEDICAID (STORM) WHEREAS, Chemung County is spearheading the organization of six counties (Chemung, Schuyler, Steuben, Tioga, Tompkins and Broome) to form the Southern Tier Organization to Reform Medicaid (STORM) to orchestrate a ground swell of support for reform of the Medicaid Program, and WHEREAS, this group will include not only local government officials, but also organized labor, the business community and taxpayer groups from throughout this region, and WHEREAS, it is the recommendation of the Management and Finance Committee that Schuyler County join this regional approach to seek relief from the burden of Medicaid. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to take whatever steps necessary to assist in the formation of Southern Tier Organization to Reform Medicaid (STORM) and make whatever appointments necessary to ensure Schuyler County’s full participation in this effort. VOTE: Passed 8-0. RESOLUTION NO. 26 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE LETTER TO ERIE COUNTY IN SUPPORT OF THEIR EFFORTS REGARDING MEDICAID REFORM WHEREAS, Erie County has submitted a Proposal to the Governor of the State of New York to Fund the Local Share of Medicaid, to Manage Medicaid, Incentivize Local Government Efficiency and Provide Economic Stimulus through Property Tax Relief, and WHEREAS, this proposal recommends that New York State create a Local Health Care Reform Authority with the power to raise a dedicated revenue source in order to relieve New York counties of the responsibility for funding the local share of Medicaid, and WHEREAS, the Management and Finance Committee recommends a letter of support to Erie County for their efforts only if their effort clearly states that New York State will completely take over the local cost of Medicaid and work towards Medicaid reform. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to send a letter of support to Erie County with the stipulation set forth above. VOTE: Passed 8-0. RESOLUTION NO. 27 Motion by Bingell, Second by Larison. RE: LOCAL LAW INTRO. NO. 9 OF THE YEAR 2002/LOCAL LAW NO. 2 OF THE YEAR 2003 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2003 WHEREAS, a proposed Local Law setting salaries for certain public officers for fiscal year 2003 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held January 13, 2003 at 7:00 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 9 of the Year 2002/Local Law No. 2 of the Year 2003, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 9 of the Year 2002/Local Law No. 2 of the Year 2003, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 9 OF THE YEAR 2002/LOCAL LAW NO. 2 OF THE YEAR 2003 A Local Law Setting Salaries for Certain Public Officers for the Year 2003. Be it enacted by the Legislature of the County of Schuyler as follows: PROCEEDINGS OF THE YEAR 2003 9 1. Effective within 45 days hereof, the following adjustments of salaries for the public officers listed below shall be in the amounts herein stated effective January 1, 2003. 2. The following public officers are subject to the provisions hereof: County Attorney $46,168 Assistant County Attorney $61,539 Conf. Sec’y. to County Attorney $32,243 Personnel Officer $34,653 Deputy County Clerk $28,705 Assistant District Attorney $53,937 Conf. Sec’y. to District Attorney $29,400 Clerk to Legislature $54,000 Deputy Clerk to Legislature $32,104 Public Defender $42,105 Assistant Public Defender $22,632 Purchasing Agent $29,593 Real Property Tax Director $43,707 Commissioner of Social Services $53,058 Deputy County Treasurer $29,360 County Highway Superintendent $47,374 Deputy County Highway Supt. $42,183 Undersheriff $42,858 3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24. VOTE: Passed 8-0. WITHDRAWN RE: AUTHORIZE SALE OF SURPLUS COUNTY PROPERTY IN THE TOWN OF CATHARINE - WITHDRAWN WHEREAS, Schuyler County holds title to Parcel 88.13-1-77 being a 2-acre parcel, more or less, in the Town of Catharine, and WHEREAS, this parcel is no longer needed by the County. NOW, THEREFORE, BE IT RESOLVED, that Parcel 88.13-1-77 be declared surplus in accordance with County Law Section 215, and BE IT FURTHER RESOLVED, that Parcel 88.13-1-77 be sold at the next County property auction, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and the County Attorney are hereby directed and authorized to take all steps necessary to complete the sale of said premises, to include the preparation and signature of all necessary conveyance documents, and BE IT FUTHER RESOLVED, that the Clerk of the Legislature shall prepare a certified copy of this Resolution for transmittal to the County Attorney’s Office and recording in the Schuyler County Clerk’s Office at closing. RESOLUTION NO. 28 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to solicit sealed bids for the application of fluridone on Waneta Lake and the residual monitoring thereof. NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be hereby authorized to advertise for bids for chemical application and residual monitoring services as set forth above for the Lamoka/Waneta Lakes Protection and Rehabilitation District, and BE IT FURTHER RESOLVED, that bids will be due no later than 5:00 p.m. on Wednesday, March 5, 2003. Acceptance/rejection of the bids will be done at the March 10, 2003 Regular Meeting of the Legislature. The County of Schuyler reserves the right to accept or reject any and all bids. 10 SCHUYLER COUNTY LEGISLATURE VOTE: Passed 8-0. RESOLUTION NO. 29 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE RE-APPOINTMENT OF THE COMMISSIONER OF SOCIAL SERVICES WHEREAS, the current appointment term for the Commissioner of Social Services will expire on March 15, 2003, and WHEREAS, it is the recommendation of the Legislature to re-appoint William J. Weiss to that position. NOW, THEREFORE, BE IT RESOLVED, that William J. Weiss be re-appointed as the Commissioner of Social Services for a five-year term commencing on March 16, 2003, and terminating on March 15, 2008. VOTE: Passed 8-0. RESOLUTION NO. 30 Motion by Bleiler, Second by Karius. RE: ONE-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2003 through December 31, 2003, to wit: BARGAINING UNIT COMMITTEES Thomas Gifford, Chairman of Legislature Daryl Slusser, Chairman of Management and Finance Committee Sharon Bingell, Chairman of Public Works Committee Glenn Larison, Chairman of Public Safety/Criminal Justice Committee Gail Hughey, Clerk to the Legislature
FINGER LAKES RESOURCE CONSERVATION & DEVELOPMENT COUNCIL Charles Fausold FIRE SAFETY ADVISORY BOARD Mike McClernon/Tim Hudson – Beaver Dams Jason Kelly/Curt Connelly – Burdett Richard Robertson/William Ward – Mecklenburg Ron Ames, Jr./Larry States – Monterey Paul Cartwright/Jim Ryan – Montour Falls Robert Franklin/Todd Thoman – Odessa Eric Anderson/Al Buckland – Tyrone Mike Hicks/John Mason – Valois-Logan Hector Robert DeDominick/Charles Smith, Sr. – Watkins Glen Glenn Larison – Legislator INTERCOUNTY ASSOCIATION OF WESTERN NEW YORK Thomas M. Gifford Glenn R. Larison Gail M. Hughey LOCAL EARLY INTERVENTION COORDINATING COUNCIL David Lambert, NYS Dept. of Health Camille Meeks, Watkins Glen Central School Paula Hurley, Odessa Montour Central School Erik Miller, Provider Bonnie Herzig, ARC Michelle Myers, Provider Susan Haeffner, Provider LOCAL EARLY INTERVENTION COORDINATING COUNCIL CONTINUED Laurie Hanlon, Provider Beverly Clickner, Social Services Arnab Bagchi, Mental Health PROCEEDINGS OF THE YEAR 2003 11 Nancy Blencowe, Parent JoAnn Carson, Parent Nancy St. Julien, Parent Christine Keough, Parent Michelle Pardee, Parent Pauline Heath, Parent Ken Seaman, Parent Marcia Kasprzyk, Early Intervention Official Peggy Tomassi, Child Care JoAnn Fratarcangelo, Youth Bureau PROFESSIONAL ADVISORY COMMITTEE William Weiss, Social Services Connie Fraboni, RN, Mental Health Cynthia Terry, MD, Medical Director Debbie Bailey, Schuyler Homecare Elizabeth Hayes, Member at Large Kathryn Doolittle, Member at Large Linda Potter, RN, Director of Patient Svcs. Marcia Kasprzyk, Deputy Director Public Health Michael Gehl, The Falls Home Michael Yuhasz, Legislator Michelle Myers, Schuyler Hospital Therapy Renato Rojas, MD, Schuyler Hospital Robert Dunphy, Director Office for the Aging Ruth Bedient, Member at Large Thomas Gifford, Chairman of Legislature VOTE: Passed 8-0. RESOLUTION NO. 31 Motion by Bleiler, Second by Karius. RE: TWO-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2003 through December 31, 2004, to wit: ENVIRONMENTAL MANAGEMENT COUNCIL (EMC) Richard Hurley, Orange Ben Dickens, Hector Amelia Cornish, Montour Falls Robert King, Watkins Glen Ruth Young (for term of office expiring 12/31/03) Patti Lisk, Member at Large James Howell, Watershed Michelle LaDue-Benjamin, Member at Large Elaine Dalrymple, Member at Large Kenneth Dillon, Montour John Rockwell, Reading FISH AND WILDLIFE MANAGEMENT BOARD Dana Sgrecci, Landowner LAW LIBRARY BOARD OF TRUSTEES Michael Yuhasz OFFICE FOR THE AGING ADVISORY COUNCIL Beth Creamer, RSVP 12 SCHUYLER COUNTY LEGISLATURE Joette McBride, Hector East Janine Benjamin-Kuehl, Schuyler Hospital Dorothy Huey, Tyrone Verna Shrout, Catharine Marjorie Tewksbury, Montour Falls Kathryn Doolittle, Consumer Marcia Kasprzyk, Home Health Marie Jimerson, ARC Robert Burnside, Dix Charles Young, Orange William Weiss, Social Services Ida Landrum, Burdett PLANNING COMMISSION Mary Huntley, Tyrone Linda Arcangeli, Burdett Jeffrey Greuber, Odessa Lauren Lodge, Watkins Glen Frank Gigliotti, Reading Cindy Atwell, Tourism Ed Gates, Farming Bill Kelly, Medical QUEEN CATHARINE STEERING COMMITTEE Ruth S. Young VOTE: Passed 8-0. RESOLUTION NO. 32 Motion by Bleiler, Second by Karius. RE: APPOINTMENT – SOIL AND WATER CONSERVATION BOARD OF DIRECTORS BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of James Hazlitt to the Soil and Water Conservation Board of Directors for a three-year term commencing January 1, 2003 through December 31, 2005. VOTE: Passed 8-0. RESOLUTION NO. 33 Motion by Bleiler, Second by Karius. RE: APPOINTMENTS – SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY (SCIDA) BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of the following individuals to the SCIDA for the term January 1, 2003 through December 31, 2005, to wit: Jerry Marvel Carl Taber Daryl Slusser, Legislator (no term) VOTE: Passed 8-0. RESOLUTION NO. 34 Motion by Bleiler, Second by Karius. RE: APPOINTMENTS – EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of the following individuals to the Emergency Medical and Highway Safety Committee for the terms indicated below, to wit: Richard Churches, Driver Training 1/1/03-12/31/05 Ptl. Richard Pierce, Watkins Glen Police 1/1/03-12/31/05 Thomas Gifford, Chairman of Legislature 1/1/03-12/31/03 Gregory Mathews, Highway Superintendent 1/1/03-12/31/05 William Yessman, Stop DWI Coordinator 1/1/03-12/31/05 Charles Franzese, Engineer 1/1/03-12/31/03 VOTE: Passed 8-0. PROCEEDINGS OF THE YEAR 2003 13 RESOLUTION NO. 35 Motion by Bleiler, Second by Karius. RE: APPOINTMENTS – SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of the following individuals to the Schuyler County Youth Board for the terms set forth below, to wit: John Marx, District II 1/1/03-12/31/05 Katie Oates, Youth 1/1/03-12/31/03 VOTE: Passed 8-0. RESOLUTION NO. 36 Motion by Bleiler, Second by Karius. RE: APPOINTMENT – COOPERATIVE EXTENSION SERVICE BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Doris L. Karius to the Cooperative Extension Service for the term January 1, 2003 through December 31, 2005. VOTE: Passed 8-0. RESOLUTION NO. 37 Motion by Bleiler, Second by Karius. RE: APPOINTMENT – COMMUNITY SERVICES BOARD AND MENTAL RETARDATION/ DEVELOPMENTAL DISABILITIES COMMITTEE BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Michael Yuhasz to the Community Services Board and the Mental Retardation/Developmental Disabilities Committee to fill the unexpired term of Patricia Hastings ending December 31, 2003. VOTE: Passed 8-0. RESOLUTION NO. 38 Motion by Bleiler, Second by Karius. RE: APPOINTMENT – SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Daryl Slusser to the Southern Tier Central Regional Planning & Development Board to fill the unexpired term of Jerold Marvel ending December 31, 2003 and Kelsey Jones as Member at Large for the term January 1, 2003 through December 31, 2004. VOTE: Passed 8-0. RESOLUTION NO. 39 Motion by Bleiler, Second by Karius. RE: APPOINTMENT – LABOR/MANAGEMENT COMMITTEE BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Daryl Slusser to the Labor/Management Committee to fill the unexpired term of Patricia Hastings ending December 31, 2004. VOTE: Passed 8-0. RESOLUTION NO. 40 Motion by Bleiler, Second by Karius. RE: APPOINTMENT – AGRICULTURE AND FARMLAND PROTECTION BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Geraldine Richtmyer to the Agriculture and Farmland Protection Board as the Farmer Representative for the term January 1, 2003 through December 31, 2006. VOTE: Passed 8-0. RESOLUTION NO. 41 Motion by Bleiler, Second by Karius. RE: APPOINTMENTS – AUDITING COMMITTEE BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of the following legislators to the Auditing Committee for a term contiguous with their term of office, to wit: Daryl Slusser 1/1/03-12/31/06 Glenn Larison 1/1/03-12/31/05 Sharon Bingell 1/1/00-12/31/03 Delmar Bleiler 1/1/02-12/31/05 Thomas Gifford 1/1//03-12/31/06 VOTE: Passed 8-0. RESOLUTION NO. 42 Motion by Bleiler, Second by Karius. 14 SCHUYLER COUNTY LEGISLATURE RE: APPOINTMENT - FOREST PRACTICE BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Brian Knox to the Forest Practice Board for a three-year term commencing January 1, 2003 through December 31, 2005. VOTE: Passed 8-0. RESOLUTION NO. 43 Motion by Bleiler, Second by Karius. RE: APPOINTMENT – SCOPED BOARD OF DIRECTORS BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Thomas Gifford to the SCOPED Board of Directors for a three-year term commencing January 1, 2003 through December 31, 2005. VOTE: Passed 8-0. RESOLUTION NO. 44 Motion by Larison, Second by Bingell. RE: MOTION TO BRING THREE (3) RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that one (3) Resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 45 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH CORNELL COOPERATIVE EXTENSION OF SCHUYLER COUNTY FOR RECYCLING AND SOLID WASTE EDUCATION AND COORDINATION FOR THE YEAR 2003 WHEREAS, the current contract with Cornell Cooperative Extension for Recycling and Solid Waste appropriations expired December 31, 2002, and WHEREAS, Cornell Cooperative Extension has requested that the county funds in the amount of $16,150 be paid in one lump sum. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a renewal contract with the Cornell Cooperative Extension of Schuyler County for the term January 1, 2003 through December 31, 2003 for recycling and solid waste education and coordination appropriations to be paid as set forth above, said appropriation in the 2003 County budget; subject to the approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 46 Motion by Larison, Second by Bingell. RE: AMEND 2003 SALARY SCHEDULE WHEREAS, longevity credit for the two clerical positions in the Schuyler County Sheriff’s Department and salary increases for the Sheriff and Undersheriff were erroneously omitted from the adopted 2003 Salary Schedule. NOW, THEREFORE, BE IT RESOLVED, that the Schedule of Salaries for 2003, as on file, be amended effective January 1, 2003. VOTE: Passed 8-0. RESOLUTION NO. 47 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT WITH BARRET FUNERAL HOME FOR EXHUMATION SERVICES/ TRANSER OF FUNDS – DISTRICT ATTORNEY WHEREAS, Schuyler County has set aside a contingency fund of certain public monies to be used in the event of an emergency expense, and WHEREAS, the Schuyler County District Attorney’s Office is presently investigating a homicide, and that investigation requires exhumation of the remains of a human being and their transport to the Monroe County Medical Examiner’s Office where the remains shall be examined and then returned to Woodlawn Cemetery in Elmira, New York, and WHEREAS, the District Attorney advises that in his role as a public official he cannot properly do his job in the absence of such exhumation and examination. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with James D. Barrett Funeral Home for exhumation services at a cost of $2,950, subject to PROCEEDINGS OF THE YEAR 2003 15 the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $2,950 from Contingency account no. 1990.500 to District Attorney account no. 1165.443-Witness Fees & Trial Expense. DISCUSSION: Legislator Young suggested that from now on all department heads should cautiously abide by budget constraints. Attorney Coleman pointed out that this expense is court ordered, there is no control over this. Legislator Young said she is aware of that. VOTE: Passed 8-0. NEW BUSINESS: MOTION by Legislator Larison to hold off on the advertisement of the Deputy Emergency Management Coordinator position until a permanent Director is hired, SECOND by Legislator Bleiler. Motion carried eight ayes to zero noes. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Young reported on the Community Development & Natural Resources Committee. She announced that the annual dinner of the Chamber of Commerce was January 10th. They had good attendance and she named some award winners. She announced that the SCOPED annual meeting is also this month. She noted that every Empire Zone in New York State will be cut at least 3.8% this year, including ours. We will receive $43,524 for our Empire Zone. Legislator Slusser said they need to start looking early in the year to look for cuts for the budget. The State is going to cut us every time we turn around. PUBLIC PARTICIPATION: William Weiss, Commissioner of Social Services, thanked the legislators for their vote of confidence on his re-appointment. As a department head, he knows the budget is tight and he will try to be frugal. The Meeting adjourned at 7:00 P.M. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk
SPECIAL MEETING FEBRUARY 3, 2003
The February 3, 2003 Special Meeting of the Schuyler County Legislature was called to order at 9:21 a.m. by Acting Chairman Young. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present except Legislators Gifford and Larison who were excused. County Attorney Coleman was also excused. PUBLIC PARTICIPATION: Rick Churches explained his proposal to have a full-time Coordinator of Emergency Management, a full-time Keyboard Specialist, and a part-time Deputy Coordinator. The hours for the part-time Deputy have not been decided upon yet. The grants the Emergency Management Office will be receiving will more than cover any additional staff hours. In looking at the grant options available, there has been money that the county has not taken advantage of and the part-time Deputy should be able to assist with maintaining those grants. In looking at recent events over the weekend, the emergency management office has taken the lead and it is filtering down to the local level. Legislator Bleiler asked about reassigned duties. Rick feels some things that have not been done before, will be picked up by the clerical help. His only problem has been with the code enforcement, but he now understands that it is basically just the county buildings and feels that could be contracted out whenever needed. The other issue is 911 and communications. He is not sure if this should be part of the job or a separate job, but he did not recommend a change at this point. He sees the part-time Deputy focusing on the Fire Coordinator part of the job. Rick cautioned that it will take the staff at least a year to bring the program back up to speed. It can be reevaluated after that. There was discussion about what other counties do with code enforcement and what the certification requirements are for someone doing code enforcement. 16 SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 48 Motion by Bleiler, Second by Bingell. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. Authorize the creation and filling of a Typist/Keyboard Specialist position in the Emergency Management Office. VOTE: Passed 6-0. RESOLUTION NO. 49 Motion by Karius, Second by Bleiler. RE: AUTHORIZE THE CREATION AND FILLING OF A TYPIST/KEYBOARD SPECIALIST POSITION IN THE EMERGENCY MANAGEMENT OFFICE WHEREAS, the Office of Emergency Management is in need of some clerical help due to the retirement of the Emergency Management Coordinator, effective December 27, 2002 and the upcoming retirement of the Deputy Emergency Management Coordinator, effective February 28, 2003, and WHEREAS, it is the recommendation of the Public Safety/Criminal Justice Committee to create and fill a Typist/Keyboard Specialist position to maintain the work flow in the office. NOW, THEREFORE, BE IT RESOLVED, that the Deputy Emergency Management Coordinator be authorized to create and fill a new position titled Typist/Keyboard Specialist to be placed in Grade Level II at a salary of ($10.29/hour using 2002 contract rates), effective immediately. VOTE: Passed 6-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:48 A.M. Gail M. Hughey, Clerk
REGULAR MEETING FEBRUARY 10, 2003
The February 10, 2003 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. 7:00 P.M. – PUBLIC HEARING ON THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING PROGRAM: Darlene Evett from Bishop Sheen Ecumenical Foundation gave an update on the Home Grant and the CDBG Housing Grant. In February they will be submitting grants for both programs. For the last Home Grant, they serviced 31 families and spent $368,000. They leveraged other funds in the amount of $136,583. The last CDBG grant was between Community Progress, Inc. (CPI), Bishop Sheen Housing and the County. They spent $488,278. CPI turned $100,000 over to Bishop Sheen for the towns to use. To date, they have $32,000 left to spend. She has nine families that are pending approval. Out of those nine, they may service three. The need is obviously there and the funds are not. By March 1, 2003, all of the funds will be depleted. Allyn Smith, Executive Director, wanted to send her thanks to all of you for your support letters, without them the grants can not be submitted for award. Chairman Gifford asked if there were any questions from the public or comments. There were none. 7:05 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 2003 AMENDING LOCAL LAW NO. 12 OF THE YEAR 2000 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE): Chairman Gifford introduced David Meade as the Empire Zone Coordinator. David said this amendment should be approved within a week or two. Legislator Slusser thought there were restrictions on retailers. David said it is more policy than anything. He talked about the Governor’s proposals, property tax charges and administrative cuts. His sense is that all EZ Coordinators will get together and push that the PROCEEDINGS OF THE YEAR 2003 17 Governor’s proposals not be accepted. He feels Sentator Bruno and Assemblyman Silver are against them. Chairman Gifford said the Schuyler County Partnership for Economic Development (SCOPED) office is making contingency plans for the worse case scenario. Legislator Slusser feels if they get to that point, it sets up businesses for double jeopardy. He feels the businesses without the zone might have to pay the taxes for those in the zone. David said that is up to the zone committee to decide. Businesses certified before 2004 will not be affected by the Governor’s proposal. RESOLUTION NO. 50 Motion by Bingell, Second by Larison. RE: APPROVE MINUTES OF THE JULY 8, 2002 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the July 8, 2002 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 6-0. Abstain: Yuhasz, Slusser. RESOLUTION NO. 51 Motion by Larison, Second by Young. RE: AUTHORIZE POLICY SETTING FORTH RESPONSIBILITY FOR PRIVATE ROAD SIGNS THROUGHOUT SCHUYLER COUNTY – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Emergency Management Coordinator is the person responsible for establishing new addresses in the county, i.e. the rural numbering system, and WHEREAS, when people build homes more than 500 feet back in off a main county road, the Emergency Management Coordinator will authorize the owner to name their driveway as a private road, therefore needing a road sign for that driveway. NOW, THEREFORE, BE IT RESOLVED, that this Legislature set the policy that in the above case, the Highway Department shall make and install the signs for said private county roads, and continue the practice of providing this service for the Town Highway Departments for private roads off a town road, or the New York State Department of Transportation for private roads off a state road. VOTE: Passed 8-0. RESOLUTION NO. 52 Motion by Larison, Second by Young. RE: AUTHORIZE GRANT APPLICATION WITH STATE EMERGENCY MANAGEMENT OFFICE WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for assistance under the Emergency Performance Grant for Fiscal Year 2003 (FY03), and WHEREAS, this grant provides matching funds for certain personnel and administrative expenses associated with our local emergency management program, and WHEREAS, the tentative FY03 allocation for Schuyler County under this planning program is $5,563. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the aforementioned grant funds with the State Emergency Management Office; said documents subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 53 Motion by Larison, Second by Young. RE: AUTHORIZE GRANT APPLICATION WITH FEDERAL EMERGENCY MANAGEMENT AGENCY UNDER THE FEDERAL FISCAL YEAR 2002 EMERGENCY SUPPLEMENTAL APPROPRIATIONS BILL WHEREAS, the State Emergency Management Office has been awarded $6.5 million by the Federal Emergency Management Agency (FEMA), for programs to help local and emergency management to become better prepared to respond to all types of disaster and emergencies, with a focus on terrorism, and WHEREAS, the tentative annual allocation for Schuyler County under this planning program is $28,432, and WHEREAS, the funds will provide 100% federal reimbursement of eligible costs that Schuyler County incurs in our planning effort. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the FEMA 2002 Emergency Supplemental grant with the State Emergency Management Office; subject to the approval of the County Attorney. 18 SCHUYLER COUNTY LEGISLATURE VOTE: Passed 8-0. RESOLUTION NO. 54 Motion by Larison, Second by Bleiler. RE: AUTHORIZE GRANT APPLICATION WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR CANINE VEHICLE – SHERIFF’S DEPARTMENT WHEREAS, monies are available in an amount not to exceed $30,000 from a Law Enforcement Block Grant through the NYS Division of Criminal Justice Services for the Schuyler County Sheriff’s Department to purchase a K-9 vehicle and equipment, with a 10% local match required, and WHEREAS, said local match is available in the Sheriff’s 2003 budget account no. 3110.100-Drug Investigations. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the aforementioned grant funds; said documents subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the 10% match from account no. 3110.100-Drug Investigations into the appropriate equipment account. VOTE: Passed 8-0. RESOLUTION NO. 55 Motion by Larison, Second by Bleiler. RE: APPROVE ALTERNATIVES TO INCARCERATION SERVICE PLAN – PROBATION WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the year 2003, and WHEREAS, the said Plan and Budget have been reviewed and both appear to be in order and approved by the Public Safety/Criminal Justice Committee of this Legislature. NOW, THEREFORE, BE IT RESOLVED, that the year 2003 Criminal Justice Advisory Alternatives to Incarceration Plan and Budget be hereby approved by the Schuyler County Legislature, and the Chairman be authorized to sign the same, and BE IT FURTHER RESOLVED, that the Criminal Justice Advisory Council submit the same to the New York State Division of Probation and Correctional Alternatives for approval. VOTE: Passed 8-0. RESOLUTION NO. 56 Motion by Larison, Second by Bleiler. RE: RESOLUTION IN SUPPORT OF THE APPLICATION FOR THE INDUSTRIAL ACCESS PROGRAM (IAP) GRANT FOR THE VILLAGE OF ODESSA TO USE FOR THE PARMENTER INDUSTRIAL ACCESS ROAD WHICH IS INCLUDED IN THE EMPIRE DEVELOPMENT ZONE – HIGHWAY DEPARTMENT WHEREAS, the Village of Odessa has expressed interest in constructing a new two-lane roadway, just under one-half of a mile long, along an abandoned railroad bed between State Route 224 and Mill Street, and WHEREAS, the current road via Mill Street is compromised by the restricted weight posting on the bridge over Deckertown Creek, and WHEREAS, the proposed access road would become a village street and would be owned and maintained by the Village of Odessa. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby go on record expressing their support for the above-proposed project and encourage approval of the Village of Odessa’s grant application through the Industrial Access Program. VOTE: Passed 8-0. RESOLUTION NO. 57 Motion by Bingell, Second by Bleiler. RE: RESOLUTION AUTHORIZING ADVERTISEMENT FOR THE RECONSTRUCTION OF THE BURDETT PEDESTRIAN BRIDGE ON COUNTY ROUTE 5 – HIGHWAY DEPARTMENT WHEREAS, Schuyler County accepted a proposal for engineering services for the Replacement of County Route 5 Burdett Bridge over Hector Falls Creek BIN #3332530, and, WHEREAS, the project design is complete and it is now necessary to advertise for bids for construction, and WHEREAS, funding for said project is available in the 2003 budget account no. 5120.306. PROCEEDINGS OF THE YEAR 2003 19 NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be hereby authorized to advertise for the construction of the County Road 5 Burdett Bridge Replacement. DISCUSSION: Legislator Karius said she will be voting no on this resolution. She feels the money would be better spent on road maintenance. Legislator Bingell explained that capital funds have to be used for a bridge, or to build a new road. Legislator Bleiler said the county has been responsible for this bridge for 20+ years. We owned it when the State closed it and owned it when it was re-opened for pedestrians. Now it is closed to pedestrians. We have three options, to remove it; put in a pedestrian bridge; or replace the bridge. He feels this proposal is a good compromise. He feels this will keep people off the State highway. It is also part of the Finger Lakes hiking trail. The bridge is used by tourists and the Village of Burdett is interested in development around it. He feels it is money well spent. Once the project is complete, the county can turn over the ownership to the Village and get out from under the liability, and the Village gains something. VOTE: Passed 7-1. No: Karius. RESOLUTION NO. 58 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CONTRACT WITH THE STATE OF NEW YORK FOR CLEAN WATER/CLEAN AIR ACT FUNDS – SENECA HARBOR PARK WHEREAS, Resolution No. 301 of 2001 authorized an application of grant funds through Title 9 of the Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act in the amount of $391,334, and WHEREAS, on November 18, 2002 Governor Pataki announced that Schuyler County was to receive a matching grant of $175,330 from the Clean Water/Clean Air Bond Act for the Seneca Harbor Park Phase II project. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with the New York State Office of Parks, Recreation and Historic Preservation for the above-mentioned grant, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 59 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS TO PROVIDE CONSTRUCTION DOCUMENTS AND SPECIFICATIONS, BID ADMINISTRATION, ESTIMATED DISBURSEMENTS AND CONSTRUCTION ADMINISTRATION – SENECA HARBOR PARK WHEREAS, Schuyler County has received a grant from the New York State Office of Parks, Recreation and Historic Preservation for Seneca Harbor Park Phase II, and WHEREAS, Hunt Engineering, Architect, & Surveyors has provided preliminary design work for Phase II. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Hunt Engineers to provide construction documents and specifications, bid administration and construction administration at a cost of $32,042.00; subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that said project shall be advertised for bid upon meeting all grant requirements for construction documents and specifications. VOTE: Passed 8-0. RESOLUTION NO. 60 Motion by Bingell, Second by Larison. RE: A RESOLUTION AUTHORIZING ENGINEERING WORK IN CONNECTION WITH THE SENECA HARBOR BREAKWATER PROJECT IN AND FOR THE COUNTY OF SCHUYLER, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $40,000; AUTHORIZING THE ISSUANCE OF $40,000 BONDS OF SAID COUNTY TO PAY THE COST THEREOF BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the County Legislature of the County of Schuyler, New York, as follows: Section 1. Engineering work in connection with the Seneca Harbor breakwater project in and for the County of Schuyler, New York, is hereby authorized at a maximum estimated cost of $40,000. 20 SCHUYLER COUNTY LEGISLATURE Section 2. The plan for the financing of such maximum estimated is by the issuance of $40,000 bonds of said County hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said County of Schuyler, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in full in The Watkins Review & Expresss, the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. VOTE: Passed 8-0. RESOLUTION NO. 61 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT WITH WOOD CONSULTING & TESTING SERVICES TO PROVIDE CONSTRUCTION DOCUMENTS AND SPECIFICATIONS, BID ADMINISTRATION, ESTIMATED DISBURSEMENTS AND CONSTRUCTION ADMINISTRATION AT A COST OF $40,000 – SENECA HARBOR PARK WHEREAS, the Seneca Harbor Park Breakwater has settled and deteriorated from the wave action since it was constructed in 1988, and WHEREAS, Resolution No. 388 of 2001 authorized Gary L. Wood P.E. to survey existing conditions, make design recommendations for repair and estimate probable construction costs, and WHEREAS, the deterioration has reached a point where seasonal high lake water is over the breakwater, making it ineffective. PROCEEDINGS OF THE YEAR 2003 21 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Wood Consulting and Testing Services to provide construction documents and specifications, bid administration and construction administration at a cost of $40,000.00; subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that said project shall be advertised for bid upon completion of construction documents and specifications. VOTE: Passed 8-0. RESOLUTION NO. 62 Motion by Bingell, Second by Larison. RE: AUTHORIZE HIRING A TEMPORARY FULL-TIME CLEANER UNTIL FULL-TIME CLEANER OUT ON DISABILITY RETURNS TO WORK – BUILDINGS AND GROUNDS WHEREAS, the Building & Grounds Department has a full-time cleaner out on medical disability with an anticipated return to work date of some time in June, 2003, and WHEREAS, Resolution No. 289-02 authorized an increase in hours of the two part-time Cleaners, however the Building Maintenance Supervisor recommends returning them to their normal hours and hiring one full-time Cleaner on a temporary basis. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be hereby authorized to hire a full-time temporary Cleaner, Grade Level IX at a salary of ($9.96/hour using 2002 contract rates), until the return of the cleaner out on disability, and BE IT FURTHER RESOLVED, that the two part-time cleaners shall return to their normal 19 hours per week upon the hiring of the temporary cleaner. VOTE: Passed 8-0. RESOLUTION NO. 63 Motion by Bleiler, Second by Larison. RE: AUTHORIZE AMENDMENTS TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN WHEREAS, the Management/Confidential Salary Plan sub-committee has met to discuss concerns with the appraisal process and recommends the following amendments. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby amend the Management/Confidential Salary Plan, as follows (changes in bold): Section III (page 17), third paragraph: Independent performance appraisals of department heads included in the plan will be made by the Chairman of the Legislature, Chairman of appropriate standing committee and senior member of appropriate standing committee. The Personnel Officer shall attend each performance appraisal meeting and act as a facilitator and record keeper. After arriving at independent ratings, the members of the appraisal committee should discuss those ratings and arrive at a final rating in each category by consensus and also reach consensus on the remarks to be stated on the appraisal form. Department Heads will appraise their Deputy Department Heads and any other management/confidential employees in their departments. Section IV (page 25), Appeals Process: Add 7. If the Legislature alters the performance appraisal in any way based on the appeal, a new performance appraisal will be prepared and that amended performance appraisal will become the only record placed in the personnel file for that year. VOTE: Passed 8-0. RESOLUTION NO. 64 Motion by Bleiler, Second by Larison. RE: DECLARE COMPUTER/PRINTER SUPRLUS – YOUTH BUREAU WHEREAS, there are various pieces of equipment in the Youth Bureau that are no longer operable or no longer needed, due to replacement. NOW, THEREFORE, BE IT RESOLVED, that pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the following equipment junk: Monitor, Acer 14” SVGA Computer, Acer 486 Printer , HP Desk Jet 500 22 SCHUYLER COUNTY LEGISLATURE Adding Machine/Calculator VOTE: Passed 8-0. RESOLUTION NO. 65 Motion by Bleiler, Second by Larison. RE: DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU WHEREAS, the New York Office of Children and Family Services (OCFS) allows the County Chief Executive to delegate authority to their County’s Youth Bureau Directors to sign all amendments to their County’s approved allocation plans, and WHEREAS, Schuyler County has already given authority to their Youth Bureau Director to sign amendments to the fullest extent of his/her authority by OCFS standards. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize its Chairman to delegate authority to the Schuyler County Youth Bureau Director to sign OCFS amendments to the Schuyler County approved Resource Allocation Plan after approval be the Schuyler County Youth Board and with appropriate reporting to the Human Service Committee of the Legislature. VOTE: Passed 8-0. RESOLUTION NO. 66 Motion by Bleiler, Second by Young. RE: AUTHORIZE CONTRACTS FOR FAMILIES FIRST PROGRAM FOR 2003 – YOUTH BUREAU WHEREAS, the Youth Bureau is the coordinating department of the Families First program, and WHEREAS, each of the following departments (Social Services, Mental Health, Public Health and Probation) have money in their 2003 respective budgets to support the Families First Program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract for the Youth Bureau with the following departments for the provision of the Families First program for the year 2003 as follows; subject to the approval of the Schuyler County Attorney: Department of Social Services $18,000 Mental Health $17,000 Public Health $10,000 Probation $ 5,000 VOTE: Passed 7-1. No: Karius. RESOLUTION NO. 67 Motion by Bleiler, Second by Young. RE: AMEND 2003 BUDGET FOR TANF SERVICES PLAN – SOCIAL SERVICES WHEREAS, the Department of Social Services has TANF Services Plan funds leftover from 2002 that may be spent in 2003. NOW, THEREFORE, BE IT RESOLVED, that the 2003 budget be amended as follows: AMOUNT ACCOUNT NO. DESCRIPTION + $14,710 6010.552 TANF Services Plan + $14,710 6010-4610 Federal Aid - Administration VOTE: Passed 8-0. RESOLUTION NO. 68 Motion by Bleiler, Second by Young. RE: AMEND 2003 BUDGET FOR NON-RESIDENTIAL DOMESTIC VIOLENCE GRANTS – SOCIAL SERVICES WHEREAS, the State of New York allocated $50,000 for non-residential domestic violence services provided through June 30, 2003, to the Schuyler County Department of Social Services, and WHEREAS, the Department of Social Services has contracts with Catholic Charities to provide these services, and WHEREAS, the county spent $8,464 through December 31, 2002, and has $41,536 left for 2003. NOW, THEREFORE, BE IT RESOLVED, that the 2003 budget be amended as follows: AMOUNT ACCOUNT NO. DESCRIPTION + $41,536 6010.370 Non Residential DV Services + $41,536 6010-4610 Federal Aid - Administration VOTE: Passed 8-0. RESOLUTION NO. 69 Motion by Karius, Second by Bingell. PROCEEDINGS OF THE YEAR 2003 23 RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF HECTOR, TAX MAP 44.19-1-51, CLAWSON WHEREAS, application has been made in accordance with Section 554 of the Real Property Tax Law (RPTL), and WHEREAS, failure to grant the Senior Citizens Exemption constitutes a clerical error as defined in RPTL Section 550(2)c , and WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that this application be approved. NOW, THEREFORE, BE IT RESOLVED, that this application be approved, the 2003 Tax Warrant for the Town of Hector be reduced by $199.68, a corrected bill be issued for Tax Map 44.19-1-51, Bill #103 in the amount of $199.68, and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Town of Hector. VOTE: Passed 8-0. RESOLUTION NO. 70 Motion by Karius, Second by Bingell. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF TYRONE, TAX MAP 39.-1-45.111 , CANFIELD WHEREAS, application has been made in accordance with Section 554 of the Real Property Tax Law (RPTL), and WHEREAS, the incorrect lakes district entry constitutes a clerical error as defined in RPTL, Section 550(2)e , and WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that this application be approved. NOW, THEREFORE, BE IT RESOLVED, that this application be approved, the 2003 Tax Warrant for the Town of Tyrone be reduced by $101.91, a corrected bill be issued for Tax Map 39.-1-45.111, Bill #682 in the amount of $269.70 BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Town of Tyrone and the Lakes District. VOTE: Passed 8-0. RESOLUTION NO. 71 Motion by Karius, Second by Bingell. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF CAYUTA, TAX MAP 112.-1-27./2, CROWN ATLANTIC CO. LLC WHEREAS, application has been made in accordance with Section 554 of the Real Property Tax Law (RPTL), and WHEREAS, the entry of assessed value for a non-existent improvement constitutes an error in essential fact as defined in RPTL, Section 550(3)b, and WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that this application be approved. NOW, THEREFORE, BE IT RESOLVED, that this application be approved, the 2003 Tax Warrant for the Town of Cayuta be reduced by $2,502.65, deleting tax bill #349, parcel 112.-1-27./2, and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Town of Cayuta Tax Collector. VOTE: Passed 8-0. RESOLUTION NO. 72 Motion by Karius, Second by Bingell. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF CATHARINE, TAX MAP 88.13-1-66, SOLID ROCK YOUTH MINISTRIES WHEREAS, application has been made in accordance with Section 554 of the Real Property Tax Law (RPTL), and WHEREAS, the NYS Constitution provides that the real property owned by a religious organization and used exclusively for religious purposes is exempt from taxation, and that failure to grant an exemption constitutes a clerical error as defined in RPTL, Section 550(2)c, and 24 SCHUYLER COUNTY LEGISLATURE WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that this application be approved. NOW, THEREFORE, BE IT RESOLVED, that this application be approved, the 2003 Tax Warrant for the Town of Catharine be reduced by 374.40, and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Town of Catharine. VOTE: Passed 8-0. RESOLUTION NO. 73 Motion by Karius, Second by Bingell. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF READING, TAX MAP 52.-1-29.21, ROWE WHEREAS, application has been made in accordance with Section 554 of the Real Property Tax Law (RPTL), and WHEREAS, an incorrect entry on the tax roll of a relevied school tax, which has been previously paid, constitutes a clerical error as defined in RPTL Section 550(2)h, and WHERAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that this be approved. NOW, THEREFORE, BE IT RESOLVED, that this application be approved, the 2003 Tax Warrant for the Town of Reading be reduced by $94.87, a corrected bill be issued for Tax Map 52.-1-29.21 Bill #797, and that a copy of this resolution be forwarded to the Town of Reading Tax Collector and to the Watkins Glen Central School Tax Collector. VOTE: Passed 8-0. RESOLUTION NO. 74 Motion by Karius, Second by Bingell. RE: AUTHORIZE PURCHASE OF EQUIPMENT/TRANSFER OF FUNDS – BOARD OF ELECTIONS WHEREAS, the Schuyler County Board of Elections office needs to continue with upgrades of the TEAM 2000 computer program and to continue with support from NTS, and WHEREAS, the Board of Elections anticipates changes in programs and procedures, as well as increased volume of work, and WHEREAS, the Board of Elections anticipates changes in personnel in 2003 and training of new Deputy Commissioners, and WHEREAS, there are no funds available in the 2003 Board of Elections budget for this purchase, and WHEREAS, it is upon recommendation of the Governmental Operations Committee that the equipment (HP4570 Scanner and Barcode Wand with accompanying keyboard wedge) be purchased promptly, at a total cost of $340. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the amount of $340.00 from contingency account 1990.500 to Board of Elections account no. 1450.207-Computer Equipment, for said purchase above. VOTE: Passed 8-0. RESOLUTION NO. 75 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH MICHELLE BERLISS FOR PSYCHOLOGICAL SERVICES FOR 2003 – MENTAL HEALTH WHEREAS, the Mental Health Clinic is in need of psychological services for children, youth and adults, and WHEREAS, Michelle Berliss is a qualified psychologist with whom the Clinic contracted with last year, and WHEREAS, there is funding available in the Mental Health 2003 budget, account 4310.435 for this service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Michelle Berliss for the provision of psychological services at the rate of $65.00 per hour in an amount not to exceed $50,700 for the calendar year 2003, to be renewed annually, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. PROCEEDINGS OF THE YEAR 2003 25 RESOLUTION NO. 76 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPLICATION FOR AN “EAT WELL, PLAY HARD” GRANT THROUGH THE NEW YORK STATE DEPARTMENT OF HEALTH – PUBLIC HEALTH WHEREAS, Schuyler County Public Health would like to participate in a multi-agency grant application, with Schuyler County Public Health being the lead agency, and WHEREAS, the other agencies involved are Cornell Cooperative Extension, Youth Bureau and Head Start, and WHEREAS, the term of this grant will be July 1, 2003 through June 30, 2004 and renewable for two years, depending upon contractor performance and funding being available, and WHEREAS, it is believed that this grant will help children in increasing developmentally appropriate physical activity, increasing the consumption of 1% or less milk and low-fat dairy products and increasing the consumption of fruits and vegetables. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all agreements related to the “Eat Well, Play Hard” Grant, once the grant has been received, in an amount not to exceed $85,000.00 per year, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 77 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH MILLER ASSOCIATES FOR HOME HEALTH THERAPY SERVICES FOR 2003 – PUBLIC HEALTH WHEREAS, the rates from Miller Associates for occupational therapy and speech therapy will increase to $46.00 per hour and the rate for physical therapy to $50.00 per hour for the calendar year 2003. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract to be renewed annually on a calendar year, with Miller Associates; to provide home health therapy services from 1/1/2003 through 12/31/2003, funding for this contract available in account no. 4010.490; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 78 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH PATHWAYS, INC. FOR 2003 – MENTAL HEALTH WHEREAS, the Mental Health Department currently contracts with Pathways, Inc. for respite services for children and youth participating in the Schuyler County’s Intensive Case Management Program, and WHEREAS, the continuation of these services would be beneficial to the mental health of other families participating in programs through the Schuyler County Mental Health Department. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Pathways, Inc. for the term January 1, 2003 through December 31, 2003, to include respite services for children and youth participating in programs of the Schuyler County Mental Health Clinic and approved for services by the Director or his designee, funding available in account no. 4310.435; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 79 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE RENEWAL AGREEMENT WITH HEALTH CARE COMPLIANCE ENTERPRISE – MENTAL HEALTH WHEREAS, the Mental Health Department contracted previously with Health Care Compliance Enterprise to develop a comprehensive compliance program, and WHEREAS, there is still work to be done to complete this program and do updates as necessary, and WHEREAS, funding in the amount of $6,500 is available in the 2003 budget, account no. 4310.435. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Health Care Compliance Enterprise to complete the Comprehensive Compliance Program for the Mental Health Department, to be renewed annually if needed, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. 26 SCHUYLER COUNTY LEGISLATURE WITHDRAWN RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 2003 AMENDING LOCAL LAW NO. 12 OF THE YEAR 2000 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) - WITHDRAWN WHEREAS, a proposed Local Law regarding Amending Local Law No. 12 of the Year 2000 to Revise an Empire Zone (Formerly Known as an Economic Development Zone) was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held February 10, 2003 at 7:00 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. 1 of the Year 2003, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 1/Local Law No. 1 of the Year 2003, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 2003 BE IT ENACTED, by the Schuyler County Legislature, as follows: Section 1. By Local Law No. 12-2000, this Legislature authorized an application for the designation of an Empire Zone relative to certain land within Schuyler County Empire Zone. Section 2. That the County of Schuyler has received Empire Zone approval from New York State. Section 3. By Local Law No. 12-2000, adopted on November 15, 2000, the Empire Zone was established. Section 4. By Local Law No. 1-2001, adopted on January 30, 2001, the Empire Zone was amended. Section 5. It is the desire of this Legislature to authorize an application to revise the Empire Zone, to include 962.2669 acres located in Schuyler County. Section 6. The County of Schuyler is hereby authorized to submit an application to revise the Empire Zone to include the property described in Section 7 of this Local Law. Section 7. The boundary of the Empire Zone, as described in Local Law No. 12-2000 and Local Law No. 1-2001, shall be amended to include the properties generally described in Appendix A attached. Section 8. The Commissioner of the New York State Department of Economic Development is hereby requested to revise the boundaries of the Empire Zone in accordance with this Local Law. Section 9. In all other respects, Local Law No. 12-2000 and Local Law No. 1-2001, shall remain in full force and effect. Section 10. This Local Law shall take effect immediately subject to filing in the Office of the Secretary of State. RESOLUTION NO. 80 Motion by Bingell, Second by Larison. RE: AUTHORIZE FOUR (4) RESOLUTIONS TO BE BROUGHT TO THE FLOOR BE IT RESOLVED, that four (4) Resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 81 Motion by Larison, Second by Bingell. RE: AMEND RESOLUTION NO. 45-03 TITLED - AUTHORIZE CONTRACT RENEWAL WITH CORNELL COOPERATIVE EXTENSION OF SCHUYLER COUNTY FOR RECYCLING AND SOLID WASTE EDUCATION AND COORDINATION FOR THE YEAR 2003 WHEREAS, Resolution No. 45-03 approved a contract with Cornell Cooperative Extension of Schuyler County for Recycling and Solid Waste Education and Coordination for a term of January 1, 2003 through December 31, 2003, and WHEREAS, the County is providing funds in the amount of $16,150, which only covers the cost of operation for six months. PROCEEDINGS OF THE YEAR 2003 27 NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 45-03 be amended to change the term of said contract to January 1, 2003 through June 30, 2003, with the understanding that the contract may be extended for the remainder of the fiscal year pending receipt of a New York State grant/or by mutual agreement of the Legislature and Cornell Cooperative Extension. VOTE: Passed 8-0. RESOLUTION NO. 82 Motion by Larison, Second by Bingell. RE: APPOINTMENT – SCHUYLER COUNTY PLANNING COMMISSION BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Richard Owlett to replace Glenn Larison on the Schuyler County Planning Commission representing the Town of Catharine for the term January 31, 2003 through January 31, 2005. VOTE: Passed 8-0. RESOLUTION NO. 83 Motion by Larison, Second by Bingell. RE: APPOINTMENT – ENVIRONMENTAL MANAGEMENT COUNCIL BE IT RESOLVED, that the Schuyler County Legislature hereby approves the following appointments to the Schuyler County Environmental Management Council for the term January 1, 2003 through December 31, 2004: Kate Bartholomew - Member at Large Irene Brown – Member at Large Richard Owlett – Town of Catharine VOTE: Passed 8-0. RESOLUTION NO. 84 Motion by Larison, Second by Bingell. RE: AUTHORIZE PAYMENT TO BARRETT FUNERAL HOME/TRANSFER OF FUNDS – DISTRICT ATTORNEY WHEREAS, Resolution No. 47-03 authorized a contract with Barrett Funeral Home for court-ordered exhumation services for the District Attorney’s Office, and WHEREAS, the exhumation was performed, however the vault was cracked during the removal, had to be replaced, incurring an additional cost of $1,719.00, and WHEREAS, there are no funds available in the District Attorney’s 2003 budget to pay for this unanticipated expense. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $1,719.00 from Contingency account no. 1990.500 to District Attorney account no. 1165.443-Witness Fees & Trial Expense. VOTE: Passed 8-0. RESOLUTION NO. 85 Motion by Bingell, Second by Larison. RE: OPPOSE CLOSING OF THE ELMIRA PSYCHIATRIC CENTER WHEREAS, it has been reliably reported that the Elmira Psychiatric Center is in danger of being closed, and WHEREAS, the County of Schuyler relies on the resources of the Elmira Psychiatric Center, particularly in the treatment of hard-to-place children and youths committed to county custody by court order, and WHEREAS, Elmira Psychiatric Center employs 25 Schuyler County residents at a total annual payroll of approximately $1,000,000, and WHEREAS, relocation of current patients to a distant site may adversely impact their mental health, and WHEREAS, it is clearly impossible to maintain certain individuals in the community when residential treatment is required for the safety of both the patient and the community, and WHEREAS, the cost of equivalent placements and treatment at non-state facilities can, in some instances, approach One Thousand ($1,000.00) per day, and WHEREAS, the cost of transporting court-ordered placements to distant state facilities also imposes a substantial burden upon local government both in time and manpower. 28 SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby opposes any plan to close or curtail services at the Elmira Psychiatric Center and urges the Governor and State Legislature to maintain this excellent local mental health resource for the benefit of all Southern Tier jurisdictions making placements therein. VOTE: Passed 8-0. NEW BUSINESS: MOTION by Legislator Bleiler to move the Legislative Resolution Review Committee (LRRC) to the Wednesday preceding the Regular Meeting of the Legislature at 9:30 a.m., SECOND by Legislator Slusser. Legislator Karius asked for an explanation for the change. Legislator Bleiler explained that with this change, the resolutions will be reviewed by the County Attorney before the legislators review them. It also leaves less time between the two meetings. The first LRRC meeting will be March 5, 2003 at 9:30 a.m. Motion carried six ayes to one no. No: Larison. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Young reported on the Community Development and Natural Resources Committee. She reminded all legislators of the meeting scheduled for February 11, 2003 at 9:00 a.m. at the Montour Fire House in regards to the role of municipal governments on storm water regulations. There are new regulations that could have a huge impact on municipalities. Legislator Bleiler reported on the Human Services Committee. He reported that the furniture has been installed in the new Children Services Unit in the lower level of the county office building. He also reported that the Families First furniture has been installed, along with the phones and computers. He believes they will be in operation sometime in March. Legislator Larison reported on the Public Safety/Criminal Justice Committee. They are making progress in the Emergency Management Office. The Deputy Coordinator, Shirley Churches, is retiring February 27, 2003. They have hired a Typist to learn some of the job. The Committee hopes to make a decision on where to go from here at this month’s committee meeting. On a different note, the District Attorney has informed him there are more trials coming, which means more expense. Legislator Yuhasz reported on the Health Services Committee. He said the New York State Association of Counties conference was very informative for new legislators. He learned they have to swallow State mandates and take a beating. The possible closing of the Elmira Psychiatric Center will hurt us. We need to get together and fight it. He feels a letter writing campaign to Albany would help. Legislator Young offered to make a motion to send a letter to the Governor and Senate and Assembly Chairs to support the Center being kept open. Legislator Larison said he would prefer a resolution so he can take it to Inter-County next week. Chairman Gifford said Chemung County will be there with a Resolution for Inter-County. MOTION by Legislator Yuhasz to draft a letter in support of keeping the Elmira Psychiatric Center (EPC) open, SECOND by Legislator Young. Motion carried eight ayes to zero noes. Attorney Coleman said he will draft a letter and have Assistant County Attorney, Dennis Morris, help identify the costs if this county could not send patients to EPC. MOTION by Legislator Bingell to have the County Attorney draft a Resolution in support of EPC, SECOND by Legislator Larison. Motion carried eight ayes to zero noes. Legislator Slusser reported on the Management and Finance Committee. The county has renewed its insurances for the year 2003. They went with a new company this year. They checked the ratings and the increase was 4% under what we budgeted. He also reported that there is an 11% surcharge in pension payments. The Treasurer said the State initially told them a total increase of 4.5%. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:35 P.M. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk
PROCEEDINGS OF THE YEAR 2003 29
SPECIAL MEETING FEBRUARY 27, 2003
The February 27, 2003 Special Meeting of the Schuyler County Legislature was called to order at 9:30 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment of Silence. All Legislators were present except Legislator Bleiler who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 86 Motion by Young, Second by Karius. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. Amend Management/Confidential Salary Plan Relative to Grade Level for Emergency Management Coordinator. 2. Authorize Temporary Appointment and Set Salary/ Authorize Advertisement for Vacancy – Emergency Management Coordinator. 3. Amend Management/Confidential Salary Plan Relative to Grade Level for Deputy Emergency Management Coordinator. 4. Authorize Advertisement to Fill Part-Time Deputy Emergency Management Coordinator Position. 5 Local Law Intro. No. 1/Local Law No. 1 of the Year 2003 Amending Local Law No. 12 of the Year 2000 to Revise an Empire Zone (Formerly Known as an Economic Development Zone). 6. Resolution Requesting the Commissioner of Economic Development to Approve the Schuyler County Empire Zone Boundary Revision. 7. Authorize Contract with National Medical Services – District Attorney. VOTE: Passed 7-0. RESOLUTION NO. 87 Motion by Larison, Second by Bingell. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN RELATIVE TO GRADE LEVEL FOR EMERGENCY MANAGEMENT COORDINATOR WHEREAS, the Emergency Management Coordinator position has been revised by consultant, Richard Churches, and WHEREAS, the Human Resources Manager has conducted a factor rating of the position, as revised, and recommends the following changes: I Accountability 112 II Complex 90 III Independent Judgment 96 IV Impact of program 96 V Scope of contacts 80 VI Supervision 30 VII Education & Experience 70 TOTAL 574 = Grade F NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the above change in the grade level of Emergency Management Coordinator. VOTE: Passed 7-0. RESOLUTION NO. 88 Motion by Larison, Second by Bingell. RE: AUTHORIZE TEMPORARY APPOINTMENT AND SET SALARY/ AUTHORIZE ADVERTISEMENT FOR VACANCY – EMERGENCY MANAGEMENT COORDINATOR 30 SCHUYLER COUNTY LEGISLATURE WHEREAS, the position of Emergency Management Coordinator has been vacant since December 26, 2002, and WHEREAS, it is the recommendation of the Public Safety & Criminal Justice Committee that a temporary appointment be made while advertisement to fill said vacancy is done. NOW, THEREFORE, BE IT RESOLVED, that this Legislature temporarily appoints Richard Churches as Emergency Management Coordinator effective February 28, 2003 through May 28, 2003, in Grade Level F, at a salary of $33,000, and BE IT FURTHER RESOLVED, that this Legislature authorize advertisement for the position of Emergency Management Coordinator, Grade Level F, in the salary range of $32,263-$40,030. VOTE: Passed 7-0. RESOLUTION NO. 89 Motion by Larison, Second by Bingell. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN RELATIVE TO GRADE LEVEL FOR DEPUTY EMERGENCY MANAGEMENT COORDINATOR WHEREAS, the Deputy Emergency Management Coordinator position has been revised by consultant, Richard Churches, and WHEREAS, the Human Resources Manager has conducted a factor rating of the position, as revised, and recommends the following changes: I Accountability 56 II Complex 84 III Independent Judgment 72 IV Impact of program 24 V Scope of contacts 32 VI Supervision 20 VII Education & Experience 60 TOTAL 348 = Grade C NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the above change in the grade level of Deputy Emergency Management Coordinator. VOTE: Passed 7-0. RESOLUTION NO. 90 Motion by Larison, Second by Bingell. RE: AUTHORIZE ADVERTISEMENT TO FILL PART-TIME DEPUTY EMERGENCY MANAGEMENT COORDINATOR POSITION WHEREAS, the Deputy Emergency Management Coordinator has submitted notice of her retirement effective February 28, 2002. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize advertisement for a part-time 17 hour a week position of Deputy Emergency Management Coordinator, in Grade Level C in the Management/Confidential Salary Plan in a salary range of $12,193 (minimum) - $15,085 (mid-range), effective immediately. VOTE: Passed 7-0. RESOLUTION NO. 91 Motion by Young, Second by Slusser. RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 2003 AMENDING LOCAL LAW NO. 12 OF THE YEAR 2000 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE) WHEREAS, a proposed Local Law regarding Amending Local Law No. 12 of the Year 2000 to Revise an Empire Zone (Formerly Known as an Economic Development Zone) was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held February 10, 2003 at 7:00 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. 1 of the Year 2003, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and PROCEEDINGS OF THE YEAR 2003 31 BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 1/Local Law No. 1 of the Year 2003, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 2003 BE IT ENACTED, by the Schuyler County Legislature, as follows: Section 1. By Local Law No. 12-2000, this Legislature authorized an application for the designation of an Empire Zone relative to certain land within Schuyler County Empire Zone. Section 2. That the County of Schuyler has received Empire Zone approval from New York State. Section 3. By Local Law No. 12-2000, adopted on November 15, 2000, the Empire Zone was established. Section 4. By Local Law No. 1-2001, adopted on January 30, 2001, the Empire Zone was amended. Section 5. It is the desire of this Legislature to authorize an application to revise the Empire Zone, to include 962.2669 acres located in Schuyler County. Section 6. The County of Schuyler is hereby authorized to submit an application to revise the Empire Zone to include the property described in Section 7 of this Local Law. Section 7. The boundary of the Empire Zone, as described in Local Law No. 12-2000 and Local Law No. 1-2001, shall be amended to include the properties generally described in Appendix A attached. Section 8. The Commissioner of the New York State Department of Economic Development is hereby requested to revise the boundaries of the Empire Zone in accordance with this Local Law. Section 9. In all other respects, Local Law No. 12-2000 and Local Law No. 1-2001, shall remain in full force and effect. Section 10. This Local Law shall take effect immediately subject to filing in the Office of the Secretary of State. DISCUSSION: Legislator Young asked how the Governor’s proposal will impact the Empire Zone. Attorney Coleman said there is huge resistance to his proposal. Chairman Gifford explained that his proposal does not affect programs that have already started. VOTE: Passed 7-0. RESOLUTION NO. 92 Motion by Young, Second by Slusser. RE: RESOLUTION REQUESTING THE COMMISSIONER OF ECONOMIC DEVELOPMENT TO APPROVE THE SCHUYLER COUNTY EMPIRE ZONE BOUNDARY REVISION WHEREAS, New York State has created the Empire Zone program to encourage economic development in selected municipalities across the State, and WHEREAS, Schuyler County, as an eligible municipality, received designation of an Empire Zone, and WHEREAS, Schuyler County intends to revise the county Empire Zone boundaries to encourage economic development. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, in its capacity as the governing body of the county, does hereby request the Commissioner of Economic Development to approve the Schuyler County Empire Zone boundary revision. VOTE: Passed 7-0. RESOLUTION NO. 93 Motion by Bingell, Second by Karius. RE: AUTHORIZE CONTRACT WITH NATIONAL MEDICAL SERVICES – DISTRICT ATTORNEY WHEREAS, the Schuyler County District Attorney’s Office is preparing a case for trial to begin March 4, 2003 and in order to prepare for said trail, the Schuyler County District Attorney is in need of obtaining professional services from a Forensic Toxicologist from National Medical Services, and WHEREAS, National Medical Services is requesting that an Expert Services Agreement be executed with the county, along with a non-refundable retainer fee of $1,200. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with National Medical Services for a minimum amount of $1,200 not to exceed $5,000 for 32 SCHUYLER COUNTY LEGISLATURE the District Attorney’s Office, funding available in the 2003 District Attorney budget account no. 1165.443- Witness Fees & Trial Expense; subject to approval of the Schuyler County Attorney. DISCUSSION: Legislator Young feels they need to look at addressing next year’s District Attorney budget differently. Legislator Bingell said that is what contingency is for. They discussed the budget process and what to change this year for the year 2004. VOTE: Passed 7-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:43 a.m. Stacy B. Husted, Deputy Clerk
REGULAR MEETING MARCH 10, 2003
The March 10, 2003 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 a.m. by Acting Chairman Young. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present except Legislator Gifford who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Julie Symes spoke as a representative from the Head Start Board. She asked the county for help in supporting the opposition of the President’s proposal to put funding for Head Start into the Department of Education. If that occurs, they feel the funding would get lost. Thirty-eight years of Head Start would be affected. They now have a waiting list and are serving more children. If this happens, they would not be able to serve as many children as they are now. Legislator Bleiler made a presentation to Charlene Pelow, Supervisor of the Support Collection Unit in the Department of Social Services. This Unit helps the State identify parents that should be held accountable for their children. He wants this Legislature to know how proud he is of Charlene and her staff. Charlene explained that they have the highest paternity enforcement incentive with the number of children born out of wedlock. They obtained 97% and they are number one in New York State. Charlene recognized her staff, Darlene Monroe for ten years of service and Charles Peacock who joined them in July and is now a Support Investigator. She also recognized Robin Bingham and Challis Walcot. She said their success is due to a combination of all of them. 7:00 P.M. – PUBLIC HEARING ON THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION: Darlene Evett from Bishop Sheen Ecumenical Foundation reported that all funds are depleted, even the Home Grant funding. Currently they are applying for a new cycle. This public hearing is to answer questions to demonstrate the need. She explained that they presently have ten families who need service. This is federal funding along with state funding to match. They are looking at $15-20,000 to do work that is needed to cover the projects. She gave some examples of what they do with the funding. Acting Chairman Young asked if the grant is written and submitted? Darlene said yes it is, but they will not hear about their approval or disapproval until October or November. Then it is another three to six months for the funding to come. Legislator Young asked if they run out of funds every year? Darlene said yes. She explained that if someone calls them, they send out a survey, which is filed until funding is available, then an application is mailed to them. RESOLUTION NO. 94 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE AUGUST 12, 2002 REGULAR MEETING, AUGUST 27, 2002 AND SEPTEMBER 3, 2002 SPECIAL MEETINGS OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the August 12, 2002 Regular Meeting, August 27, 2002 and September 3, 2002 Special Meetings of the Schuyler County Legislature be approved. VOTE: Passed 5-0. Abstain: Yuhasz, Slusser. RESOLUTION NO. 95 Motion by Bingell, Second by Larison. RE: RESOLUTION URGING NEW YORK STATE TO CONTINUE FINANCIAL SUPPORT FOR A PROCEEDINGS OF THE YEAR 2003 33 COMPLETED I86 HIGHWAY THROUGH NEW YORK’S SOUTHERN TIER AND HUDSON VALLEY WHEREAS, a good transportation network is essential to sustain and enhance the economy of New York State, and WHEREAS, the I86 Economic Benefits Study documented that completion of Route 17 to interstate status could produce economic benefits within the state, totaling $3.2 billion, and WHEREAS, New York’s Southern Tier has experienced a dramatic economic downturn in the last few years and the improvements and upkeep on I-86 are extremely important to the area’s recovery, and WHEREAS, it is essential that the Governor, Legislature, and New York State Department of Transportation establish completion of I-86 as a priority transportation goal, so that sufficient funding can be allocated in the future to totally complete the upgrade and remaining portions of Route 17 to interstate status. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the Governor and Legislature to maintain adequate funding in the current and future transportation budgets of the state to complete Interstate 86 throughout New York State’s Southern Tier and the Hudson Valley in a timely manner, and BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to Governor George Pataki, the New York State I-86 Legislative Coalition, County leaders in the Southern Tier and Hudson Valley, and to the New York State Department of Transportation. VOTE: Passed 7-0. RESOLUTION NO. 96 Motion by Bingell, Second by Larison. RE: RESOLUTION IN SUPPORT OF THE REAUTHORIZATION OF THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY WHEREAS, the current Transportation Equity Act for the 21st Century (TEA-21) Highway Bill expires in October 2003, and WHEREAS, there is a critical need to maintain and improve the nation’s and New York State’s highway and transportation systems, and WHEREAS, the future economy of New York State is dependent upon a state side safe, adequate and sufficient transportation system, and WHEREAS, the re-authorized TEA-21 should contain adequate funding to meet the needs of both urban and rural portions of our nation and New York State, and WHEREAS, residents of New York State should have access to an affordable and reliable state transportation system to attract and to retain businesses vital to the economic well-being of our state. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby recommend to the United States Congress the approval of the re-authorization of TEA-21, and BE IT FURTHER RESOLVED, that the legislation include a minimum of $1 billion per year to be available to local governments for addressing road safety issues, and BE IT FURTHER RESOVLVED, that all transportation taxes, including those levied on all alternative fuels and gasohol, are deposited into the Highway Trust Fund, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby authorized and directed to forward a certified copy of this resolution to Honorable George W. Bush, Honorable George E. Pataki, Honorable Joseph H. Boardman, Honorable Joseph L. Bruno, Honorable Sheldon Silver, Honorable John R. Kuhl, Jr., Honorable George H. Winner, Jr., Honorable Amory Houghton, Jr., Honorable Charles Schumer, Honorable Hillary Clinton, New York State Association of Counties, and National Association of Counties. DISCUSSION: Legislator Young said she will be voting no on this resolution because of the phrase “are deposited into the Highway Trust Fund”. VOTE: Passed 6-1. No: Young. RESOLUTION NO. 97 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT RENEWAL FOR 2003 ALCOHOLISM SERVICES AGREEMENT AND AMEND 2003 COUNTY BUDGET – MENTAL HEALTH 34 SCHUYLER COUNTY LEGISLATURE WHEREAS, the Office of Alcoholism and Substance Abuse Services has approved additional funding for The Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc., agreement and budget modifications are required. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with The Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc., for the term January 1, 2003 through December 31, 2003 in the amount of $149,633 subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2003 County budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$27,493.00 4322.550 Council on Alcoholism -$27,493.00 4322-3490 Revenue VOTE: Passed 7-0. RESOLUTION NO. 98 Motion by Larison, Second by Yuhasz. RE: AMEND RESOLUTION NO. 408-02 – 2002-2003 EARLY INTERVENTION / CHILD FIND / CSHCN GRANT AND BUDGET – PUBLIC HEALTH WHEREAS, Resolution 408-02 listed $36,823 for account no. 4010.100-4091, Personal Services, and WHEREAS, this amount needs to be broken into separate line items for salary and fringes. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to change the 2002-2003 budget for the aforementioned grant, as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$27,357 4010.100-4091 Personal Services +$ 9,466 4010.489-4091 Fringes +$36,823 TOTAL VOTE: Passed 7-0. RESOLUTION NO. 99 Motion by Larison, Second by Yuhasz. RE: AMEND 2002 COUNTY BUDGET – MENTAL HEALTH WHEREAS, there are funds available under personal services that can be used to pay for equipment purchases made in 2002 from Federal Salary Funds, and WHEREAS, the Federal Salary Funds can be rolled into the next year. NOW, THERFORE, BE IT RESOLVED, that this Legislature hereby authorize the County Treasurer to amend the 2002 County budget as follows: AMOUNT ACCOUNT DESCRIPTION - $29,040 4310.0100 Personal Services +$29,040 4310.0200 Equipment VOTE: Passed 7-0. RESOLUTION NO. 100 Motion by Larison, Second by Yuhasz. RE: RECOGNIZE APRIL AS ALCOHOL AWARENESS MONTH – MENTAL HEALTH WHEREAS, the consumption of alcohol and other drugs often results in enormous personal, economic and social consequences for many individuals and communities, and WHEREAS, it is essential that a full range of appropriate and needed alcoholism and substance abuse treatment and prevention services remain available and accessible in the community, providing a continuum of quality programming in a cost-efficient and effective manner for addicted persons, family members and others at risk, and WHEREAS, the efficacy of such treatment and prevention efforts in minimizing the financial and human costs of chemical abuse to communities is being increasingly recognized throughout the country. NOW, THEREFORE, BE IT RESOLVED, that this Legislature extends its recognition and appreciation to all the staff at the Finger Lakes Addictions Counseling and Referral Agency and the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc. for the important and dedicated services they provide, and PROCEEDINGS OF THE YEAR 2003 35 BE IT FURTHER RESOLVED, that this Legislature recognizes April as Alcohol Awareness Month. VOTE: Passed 7-0. RESOLUTION NO. 101 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH STAFKINGS HEALTHCARE SYSTEMS FOR HOME HEALTH SERVICES FROM 1/1/03-12/31/03 - PUBLIC HEALTH WHEREAS, Schuyler County Public Health has contracted with Stafkings Healthcare Systems to provide Home Health Care Services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to execute a contract with Stafkings Healthcare Systems, Inc. to provide home health services for the term January 1, 2003 through December 31, 2003, to be renewed annually on a calendar year, funding available in the 2003 Public Health budget at the rates listed below from account no. 4010.490, subject to the approval of the Schuyler County Attorney. Home Care Services: Home Health Aide $15.50/hour of patient care services Personal Care Aide $15.50/hour of patient care services Homemaker $15.50/hour of patient care services Licensed Practical Nurse $21.25/hour of patient care services Registered Nurse $27.75/hour of patient care services Community Health Nurse $75.00/visit VOTE: Passed 7-0. RESOLUTION NO. 102 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH YATES COUNTY, AS LEAD AGENCY, FOR CORPORATE COMPLIANCE THROUGH THE S²AY RURAL HEALTTH NETWORK PUBLIC HEALTH WHEREAS, Schuyler County Public Health part of the S²AY Rural Health Network, and WHEREAS, the S²AY Rural Health Network has a grant to provide Corporate Compliance services through Dawn Paulsen of Health Care Compliance Enterprise, and WHEREAS, the grant will be expiring and a contract needs to be created to continue providing Corporate Compliance services to Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract for the term January 1, 2003 through December 31, 2003, to be renewed annually on a calendar year with Yates County for Corporate Compliance services, at an amount not to exceed $11,050, funding available in the 2003 Public Health budget account no. 4010.435, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 103 Motion by Bingell, Second by Yuhasz. RE: RECOGNIZE APRIL 7 – 13, 2003 AS NATIONAL PUBLIC HEALTH WEEK – PUBLIC HEALTH WHEREAS, the goal of this week is to educate American adults and children about the health risks associated with being overweight or obese, and WHEREAS, approximately two-thirds of all American adults are overweight or obese and the proportion of children who are overweight has tripled since 1980, and WHEREAS, this epidemic is not limited to any particular age, race, ethnic group or gender, and WHEREAS, less than 33 percent of Americans engage in the recommended 60 minutes of physical activity for adults and children every day of the week. NOW, THEREFORE, BE IT RESOLVED, that this Legislature recognizes April 7 – 13, 2003 as National Public Health Week and encourages Schuyler County residents to increase physical activity levels and reduce calorie consumption to “shape up their future”. VOTE: Passed 7-0. RESOLUTION NO. 104 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH THE UNIVERSITY OF ROCHESTER FOR HOMMED 36 SCHUYLER COUNTY LEGISLATURE EQUIPMENT – PUBLIC HEALTH WHEREAS, HomMed LLC develops, manufactures and markets the HomMed Monitoring System for remote monitoring of human vital signs, and WHEREAS, the System consists of monitor units placed in homes and a receiving unit for the receipt, storage and display of data, and WHEREAS, Public Health provides healthcare services to the general public for individual home health care, and WHEREAS, HomMed LLC will supply the System, including licensed software, initial training and installation of monitors, funding being available in account no. 4010.490. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with HomMed LLC for the provision of the HomMed Monitoring System at the cost of $125.00 per month, in an amount not to exceed $10,000 for a two-year period, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 105 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH THE UNIVERSITY OF ROCHESTER FOR HOMMED EQUIPMENT – PUBLIC HEALTH WHEREAS, the University of Rochester leases home health monitors and related equipment supplied by HomMed, LLC, and WHEREAS, the University of Rochester has obtained consent from HomMed, LLC to sublease equipment to Schuyler County, and WHEREAS, Schuyler County will be placing the monitors in homes of appropriate patients and monitoring their vital signs. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the University of Rochester for the provision of the home health monitors and related equipment, at the cost of $4,875 per month, in an amount not to exceed $117,000, funding being available in account no. 4010.490 for two years from the date of the Agreement, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 106 Motion by Larison, Second by Yuhasz. RE: AMEND 2003 BUDGET FOR FLACRA TANF SERVICES AGREEMENT – MENTAL HEALTH WHEREAS, funding for the TANF Services provided by Finger Lakes Addictions Counseling and Referral Agency (FLACRA) are for the period August 1, 2001 through March 31, 2003, and WHEREAS, funds were left over from 2002 and may be spent in 2003. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2003 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$406.00 4322-4490 Federal Aid +$406.00 4322.336 TANF Services VOTE: Passed 7-0. RESOLUTION NO. 107 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE APPROVAL OF THE LEAD POISONING PREVENTION PROGRAM 2003 – 2004 – PUBLIC HEALTH WHEREAS, Schuyler County’s new Lead Grant will be for $25,000 effective April 1, 2003 through March 31, 2004. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorize to establish the 2003-2004 Lead Grant budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION $13,849 4010.100-4002 Personal Service 1,000 4010.200-4002 Computer Equipment PROCEEDINGS OF THE YEAR 2003 37 1,859 4010.400-4002 Supplies 2,500 4010.446-4002 MILR 4,792 4010.489-4002 Fringe Benefits 1,000 4010.579-4002 Lead Testing $25,000 4010-4401-4002 Revenue, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant; subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 108 Motion by Larison, Second by Yuhasz. RE: ESTABLISH 2003–2004 IMMUNIZATION GRANT BUDGET – PUBLIC HEALTH WHEREAS, Schuyler County’s new immunization grant is expected to be $18,000 from April 1, 2003 through March 31, 2004, and WHEREAS, this grant is 100% State funded. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2003–2004 Immunization Grant budget as follows: AMOUNT ACCOUNT DESCRIPTION $10,660 4010.100-4094 Personnel $ 3,840 4010.489-4094 Fringe Benefits $ 1,000 4010.400-4094 Supplies $ 2,500 4010.446-4094 Maintenance in lieu of Rent $18,000 TOTAL EXPENSES $18,000 4010.3401-4094 Grant Revenue, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant; subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 109 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE OUT OF STATE TRAVEL – PUBLIC HEALTH WHEREAS, as part of the New York State Association of County Health Officials (NYSACHO)’s 2002 - 2003 Immunization Action Plan (IAP) grant, the New York State Department of Health has allocated funding for NYSACHO to sponsor one person from each consortia county to attend the National Immunization Conference, which will be held in Chicago, Illinois from March 16–21, 2003, and WHEREAS, it is desirable for a nurse in our agency to attend the conference, and out of state travel requires legislative approval. NOW, THEREFORE, BE IT RESOLVED, that Christine Keough be authorized to travel out of state to attend the aforementioned conference. There will be no additional cost to the County. VOTE: Passed 7-0. RESOLUTION NO. 110 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH OFFICE FOR THE AGING FOR HEAP OUTREACH SERVICES – SOCIAL SERVICES WHEREAS, the HEAP season usually runs from October 1, through September 30, and WHEREAS, the Department of Social Services would like to change the beginning and end dates to reflect this time frame. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the Office for the Aging for HEAP services from October 1, 2002 through September 30, 2003; subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 111 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZATION TO AMEND THE NEW DIRECTIONS YOUTH AND FAMILY AGREEMENT FOR NON-SECURE DETENTION – SOCIAL SERVICES 38 SCHUYLER COUNTY LEGISLATURE WHEREAS, the Department of Social Services (DSS) has an agreement with New Directions for the period July 1, 2002 through June 30, 2003, and WHEREAS, New Directions has advised DSS that after reviewing the existing contracts with all counties, that the contract language that existed between New Directions and the counties was too ambiguous to support their billing claim and thereby revoked the invoices that were billed for unused non-secure detention bed days, and WHEREAS, New Directions has informed DSS that a new contract and reimbursement schedule will be put in effect January 1, 2003 through June 30, 2003, and WHEREAS, the contracted rate will be based on a budgeted occupancy of 85% which increases the rate to $219/day, from the $199/day at 96% occupancy, and WHEREAS, DSS desires to have a contract with New Directions in place for the temporary care and maintenance of alleged juvenile delinquents and persons in need of supervision held for, or at the discretion of, Family Court. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to rescind the old agreement with New Directions and enter into a new agreement for the period January 1, 2003 through June 30, 2003 with an increased rate of $219/day, funds available in the 2003 budget, line item number 6123.400; subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 112 Motion by Bleiler, Second by Yuhasz. 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 will expire at the end of 2003, 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 2004-2005, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator John R. Kuhl, Jr., New York State Assemblyman George Winner and to the Majority and Minority Leaders of the New York State Senate and Assembly. VOTE: Passed 7-0. RESOLUTION NO. 113 Motion by Larison, Second by Bingell. RE: ADOPTION OF THE AMENDED AND RESTATED DEFERRED COMPENSATION MODEL PLAN WHEREAS, the New York State Deferred Compensation Board (the “Board”), pursuant to Section 5 of the New York State Finance Law (“Section 5”) and the Regulations of the New York State Deferred Compensation Board (the “Regulations”), has promulgated the Model Deferred Compensation Plan for Employees of the Schuyler County (the “Model Plan”) and offers the Model Plan for adoption by local employers, and WHEREAS, Schuyler County, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of Schuyler County, and WHEREAS, effective January 1, 2003, the Board amended the Model Plan to adopt provisions relating to regulations pertaining to Section 457 and Section 401(a)(9) of the Internal Revenue Code, technical amendments to the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”) as they apply to the Model Plan and to adopt modifications that update certain administrative provisions, and WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model PROCEEDINGS OF THE YEAR 2003 39 Plan sponsored by a local employer in accordance with the Regulations, and WHEREAS, upon due deliberation, the Schuyler County Legislature has concluded that it is prudent and appropriate to amend the Deferred Compensation Model Plan for Employees of Schuyler County by adopting the amended and restated Model Plan. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby amends the Deferred Compensation Plan for Employees of Schuyler County effective March 10, 2003 by adopting the amended and restated Model Plan effective January 1, 2003. VOTE: Passed 7-0. RESOLUTION NO. 114 Motion by Larison, Second by Bingell. RE: AMEND MANAGEMENT LEVEL SALARIES RELATIVE TO COST OF LIVING ADJUSTMENTS IN ACCORDANCE WITH THE MANAGEMENT/ CONFIDENTIAL SALARY PLAN WHEREAS, the Management/Confidential Salary Plan states that “All employees covered by this Plan will receive an annual Cost of Living Adjustment (COLA)”, and WHEREAS, this plan was erroneously administered for five employees, and WHEREAS, it is the recommendation of the Management and Finance Committee that the Management/Confidential Salary Plan be followed and the corrections be made accordingly. NOW, THEREFORE, BE IT RESOLVED, that the following employees salaries be adjusted, as follows: EMPLOYEE 2002 SALARY 2003 SALARY Dianne Thomaris 44,000 44,836 Shawn Rosno 42,500 43,308 Diane Habeck 40,700 41,473 Bob Dunphy 39,284 40,030 Margaret Starbuck 27,500 30,285 VOTE: Passed 7-0. RESOLUTION NO. 115 Motion by Larison, Second by Bingell. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN AS IT RELATES TO NEEDS IMPROVEMENT WHEREAS, a subcommittee to review the Management/Confidential Salary Plan was reconvened for the specific purpose of reviewing the process for Needs Improvement, and WHEREAS, said subcommittee met and has made the following recommended changes to the Management/Confidential Salary Plan. NOW, THEREFORE, BE IT RESOLVED, that this Legislature approve the following amendment to the Management/Confidential Salary Plan, effective immediately: Under “Definition of Performance Ratings”, last two paragraphs (amendments in italics): All documentation for the appraisal must be noted in the committee remarks column of form on Page 22. Any and all “NEEDS IMPROVEMENT” ratings require previously written documentation during the current rating period, which may be provided as set forth on Exhibit A. Any and all “OUTSTANDING” ratings require specific statements in committee remarks column to justify. When an employee receives a performance appraisal rating of "NEEDS IMPROVEMENT", or receives some form of documentation indicating their performance needs improvement, his/her performance shall be reviewed three (3) months from receiving such rating. This will provide an opportunity to improve his/her performance and receive a salary advancement for that appraisal period. This will also provide the County with an earlier opportunity to review and resolve a performance problem rather than waiting one (1) year. Should documentation for Needs Improvement be received near the end of the performance appraisal year, then the final rating and salary award will be tabled for three months in order to review and endeavor, when appropriate, to resolve a performance problem. VOTE: Passed 7-0. RESOLUTION NO. 116 Motion by Bingell, Second by Bleiler. RE: RESOLUTION IN SUPPORT OF CONVERTING CHIPS O & M TO CHIPS CAPITAL – HIGHWAY 40 SCHUYLER COUNTY LEGISLATURE DEPARTMENT WHEREAS, over 1,600 units of local government rely on essential state highway and bridge funding through the consolidated Highway Improvement Program (CHIPS), and WHEREAS, enacted in 1981-1982, CHIPS replaced a dedicated stream of motor vehicle taxes and fees which counties were collecting and using for the upkeep of the maintenance and repair of the local transportation system, and WHEREAS, local governments are responsible for 93,500 of New York State’s 110,000 centerline miles (85%); most of which needs significant repair to keep condition levels from deteriorating to “poor,” and WHEREAS, some progress has been made to address the local bridge deficiency levels across New York, nearly half of the 9,000 local bridges are structurally deficient and in need of structural repair, and WHEREAS, investments in the local transportation infrastructure will not only lend themselves to safer motor vehicle travel, but pay for themselves many times over in job growth and revenue generations, and WHEREAS, since 2001, the state has withheld $60 Million in CHIPS Operations and Maintenance Aid (O&M) for counties outside New York City by not authorizing the annual appropriation out of the general fund. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County urges the state to continue to invest in the local transportation system by converting the $60 Million lost in CHIPS O&M since 2001 to the CHIPS Capital Program, similar to what was provided to the towns, cities and villages in the 2002-2003 state budget, and BE IT FURTHER RESOLVED, that Schuyler County shall forward copies of this Resolution to Governor George E. Pataki, Hon. John R. Kuhl, Hon. George Winner, and all others deemed necessary and proper. VOTE: Passed 7-0. RESOLUTION NO. 117 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREFORE FOR COUNTY ROUTE 6 BRIDGE REPLACEMENT OVER TAUGHANNOCK CREEK – HIGHWAY DEPARTMENT WHEREAS, a Project for the replacement of BIN 3332490, CR 06 over Taughannock Creek, Schuyler County, PIN 6753.25 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the County of Schuyler desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of the replacement of BIN 3332490, CR36 over Taughannock Creek, Schuyler County, PIN 6753.25. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the above-subject project, and BE IT FURTHER RESOLVED, that the Schuyler Legislature hereby authorizes the County Treasurer to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and Design work for the Project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of $114,000.00, which is hereby appropriated in the 2003 budget, account no. 5020.400, shall be made available to cover the cost of participation in the above phase of the Project, and BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the County of Schuyler shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be 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 PROCEEDINGS OF THE YEAR 2003 41 municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid- eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. VOTE: Passed 6-1. No: Karius. RESOLUTION NO. 118 Motion by Bingell, Second by Bleiler. RE: RESOLUTION TO APPROVE APPLICATION FOR REFUND OF TAXES – TOWN OF ORANGE, TAX MAP 93.-1-33.12, HAIGHT, REAL PROPERTY TAX SERVICE WHEREAS, application has been made in accordance with Section 556 of the Real Property Tax Law (RPTL), and WHEREAS, failure to grant a veterans exemption constitutes a clerical error as defined in Real Property Tax Law Section 550(2)c, and WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that this application be approved. NOW, THEREFORE, BE IT RESOLVED, that this application be approved, that the 2003 Tax Roll be amended to show a County taxable value of $18,360, and that corrected tax bill # 700 be issued in the amount of $380.73, crediting the first installment of $209.15 as paid, and the balance due $191.57. BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Town of Orange Tax Collector. VOTE: Passed 7-0. RESOLUTION NO. 119 Motion by Karius, Second by Bingell. RE: RESOLUTION TO APPROVE APPLICATION FOR REFUND OF TAXES – TOWN OF TYRONE, TAX MAP 39.5-1-35, LEWIS-SALESKY, REAL PROPERTY TAX SERVICE WHEREAS, application has been made in accordance with Section 556 of the Real Property Tax Law (RPTL) alleging that an assessment on the 2000, 2001, 2002 and 2003 tax rolls for parcel 39.5-1-35 in the Town of Tyrone was based on a nonexistent improvement, and WHEREAS, this error constitutes an error in essential fact as defined in Section 550(3)a of the RPTL, and WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that this application be approved for 2001, 2002 and 2003, and rejected for the year 2000. NOW, THEREFORE, BE IT RESOLVED, that this application be approved for 2001, 2002, and 2003, and rejected for 2000, that the Warrant for the Town of Tyrone be reduced by $217.63, and that a refund of the overpaid taxes from 2001, 2002, and 2003 be issued in the amount of $231.61, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to the Town of Tyrone Clerk/Tax Collector and the Dundee Central School Treasurer. VOTE: Passed 7-0. RESOLUTION NO. 120 Motion by Karius, Second by Bingell. RE: RESOLUTION TO APPROVE APPLICATION FOR REFUND OF TAXES, TOWN OF TYRONE, TAX MAP 39.-1-7, YEOMAN, REAL PROPERTY TAX SERVICE WHEREAS, application has been made in accordance with Section 556 of the Real Property Tax Law (RPTL), and WHEREAS, failure to record a stipulated assessment reduction constitutes a clerical error as defined in RPTL Section 550(2)a , and WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that this application be approved. NOW, THEREFORE, BE IT RESOLVED, that this application be approved, the 2003 Tax Warrant for the Town of Tyrone be reduced by $45.76, a refund be issued for Tax Map 39.-1-7, Bill #643, in the amount of $45.76, and that a copy of this resolution be forwarded to the Town of Tyrone. 42 SCHUYLER COUNTY LEGISLATURE VOTE: Passed 7-0. RESOLUTION NO. 121 Motion by Karius, Second by Bingell. RE: RESOLUTION TO APPROVE APPLICATION FOR REFUND OF TAXES – TOWN OF ORANGE, TAX MAP 60.1-1-7, CRAFT, REAL PROPERTY TAX SERVICE WHEREAS, application has been made in accordance with Section 556 of the Real Property Tax Law (RPTL), and WHEREAS, failure to grant the eligible funds veterans exemption constitutes a clerical error as defined in RPTL Section 550(2)c, and WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that the application be approved. NOW, THEREFORE, BE IT RESOLVED, that this application be approved, the 2003 Tax Warrant for the Town of Orange be reduced by $36.34, a refund be issued for Tax Map 60.1-1-7 Bill #62 in the amount of $36.34, and that a copy of this resolution be forwarded to the Town of Orange Tax Collector. VOTE: Passed 7-0. RESOLUTION NO. 122 Motion by Karius, Second by Bingell. RE: RESOLUTION TO APPROVE APPLICATION FOR REFUND OF TAXES, TOWN OF TYRONE, TAX MAP 51.-1-11.13, OLIVER, REAL PROPERTY TAX SERVICE WHEREAS, application has been made in accordance with Section 556 of the Real Property Tax Law (RPTL), and WHEREAS, a duplicate entry on the tax roll constitutes a clerical error as defined in RPTL Section 550(2)f, and WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that this application be approved. NOW, THEREFORE, BE IT RESOLVED, that this application be approved, that a refund be issued for Tax Map 51.-1-11.13 in the amount of $264.36 for the 2001 taxes, and that a copy of this resolution be forwarded to the Town of Tyrone. VOTE: Passed 7-0. RESOLUTION NO. 123 Motion by Karius, Second by Bingell. RE: AUTHORIZE FIVE-YEAR AGREEMENT WITH NTS DATA SERVICES, LLC FOR SOFTWARE AND MAINTENANCE – BOARD OF ELECTIONS BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a five-year contract with NTS Data Services, LLC, at a total cost of $26,786 for Poll Book printing and TEAM-2000 Voter Registration software support and maintenance, for the term April 1, 2003 through March 31, 2007, funding available in the Board of Elections budget account no. 1450.435; subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 124 Motion by Karius, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FOR PERSONAL SERVICES – DISTRICT ATTORNEY WHEREAS, the District Attorney’s Office has received approval from the Public Safety/Criminal Justice Committee to increase the Assistant District Attorney’s salary by an additional $3,000.00, and WHEREAS, in order to increase the Assistant District Attorney’s salary by an additional $3,000.00 the District Attorney’s Office needs to transfer funds from their .400 accounts into the .100 account for personal services, and WHEREAS, the District Attorney’s Office would like to make the following transfers: From: 1165.0407 $ 200.00 From: 1165.0409 $ 300.00 From: 1165.0410 $ 100.00 From: 1165.0416 $1,000.00 From: 1165.0426 $ 500.00 From: 1165.0430 $ 200.00 PROCEEDINGS OF THE YEAR 2003 43 From: 1165.0431 $ 500.00 From: 1165.0433 $ 200.00. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer funds from the District Attorney’s .400 accounts as set forth above into the personal services account 1165.100 in the amount of $3,000.00. VOTE: Passed 7-0. RESOLUTION NO. 125 Motion by Bleiler, Second by Bingell. RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 2003 SETTING THE SALARY OF THE ASSISTANT DISTRICT ATTORNEY (FULL-TIME) WHEREAS, County Law Section 201 states that any change in compensation of such officer during his/her term be made only by Local Law subject to the provisions of Section 24 of the Municipal Home Rule Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2 of the year 2003 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on April 14, 2003 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 2 OF THE YEAR 2003 A Local Law Setting the Salary of the Assistant District Attorney (Full-Time). Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the salary of the Assistant District Attorney (full-time) shall be $56,937 effective January 1, 2003. 2. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24. VOTE: Passed 7-0. RESOLUTION NO. 126 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH MICHAEL POWERS FOR INVESTIGATIVE SERVICES – DISTRICT ATTORNEY WHEREAS, there is currently a need for investigative services for the District Attorney as a result of an increase in felony prosecution in Schuyler County, and WHEREAS, the New York State Division of Criminal Justice Services has approved an Aid to Prosecution Grant for Schuyler County to assist in the prosecution of felony offenses, and the District Attorney believes that an investigator would enhance his ability to prosecute serious offenses, and WHEREAS, the District Attorney requests that the total compensation to Michael J. Powers shall be $25.00 per hour with mileage at $0.28 per mile and expenses with a maximum of $3,000.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contact with Michael J. Powers for investigative services to be provided to the District Attorney’s Office for the term of January 1, 2003 to March 31, 2003, said contract with Michael J. Powers to include compensation of $25.00 per hour plus expenses ($3,000.00 maximum) to be paid according to paragraph 6 of the contracts. The contracts shall expressly state that they are contingent upon receipt of Aid to Prosecution Grant money sufficient to fund the positions for the term of said contracts; contract subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 127 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CREATION OF ADDITIONAL ASSISTANT DISTRICT ATTORNEY POSITION/ACKNOWLEDGE APPOINTMENT AND SET SALARY – DISTRICT ATTORNEY WHEREAS, there is currently a need for an additional Assistant District Attorney as a result of an increase in violence crimes against women in Schuyler County, and WHEREAS, the New York State Division of Criminal Justice Services has approved a STOP Violence Against Woman Grant for Schuyler County to assist in the prosecution of domestic violence offenses, and the 44 SCHUYLER COUNTY LEGISLATURE District Attorney believes that an additional Assistant District Attorney on a less than full-time basis would enhance his ability to prosecute these offenses. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the creation of an additional Assistant District Attorney position on a less than full-time basis in the District Attorney’s Office for the purpose of prosecuting domestic violence cases, and BE IT FURTHER RESOLVED, that this Legislature acknowledge the appointment by Joseph Fazzary, District Attorney of Matthew Hayden, as Assistant District Attorney, for 17.5 hours per week for the term April 1, 2003 to March 31, 2004, at an annual salary of $20,000. This position is contingent upon receipt of the STOP Violence Against Women Grant money sufficient to fund the position for the term stated. VOTE: Passed 7-0. RESOLUTION NO. 128 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT OF DEPUTY FIRE COORDINATOR – EMERGENCY MANAGEMENT WHEREAS, Shirley Churches has retired from her position as Deputy Emergency Management Coordinator for the county, however is interested in continuing in a volunteer capacity. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature authorizes the Emergency Management Coordinator to appoint Shirley Churches as a volunteer Deputy Fire Coordinator, effective immediately. VOTE: Passed 7-0. RESOLUTION NO. 129 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE GRANT APPLICATION FOR WIRELESS E-911 SERVICES – EMERGENCY MANAGEMENT WHEREAS, the Department of State has offered counties money for the Local Enhanced Wireless 911 Grant Program, and the reimbursement for costs for the State Fiscal Year 2002 for Schuyler County is in the amount of $1,873 and the amount for State Fiscal Years 2003-2005 is $23,096, and WHEREAS, the Emergency Management Office wishes to apply for said funds. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the Local Enhanced Wireless E-911 Grant; subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 130 Motion by Bingell, Second by Yuhasz. RE: AMEND SCHUYLER COUNTY POLICIES AND PROCEDURES RELATIVE TO PHOTO IDENTIFICATION CARDS FOR COUNTY EMPLOYEES WHEREAS, Resolution No. 337-02 sets forth the policy for Photo Identification cards for county employees, and WHEREAS, there are increased security concerns, particularly relating to public buildings, and any steps that can be taken to reduce security threats should be implemented, and WHEREAS, it is the recommendation of the Schuyler County Sheriff and the Public Safety & Criminal Justice Committee that this policy be amended to require that county employees must wear their identification badges at all times during their workday. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 337-02 be amended to include the following provision for Photo Identification Cards, to be included as part of the Schuyler County Policies and Procedures: All county employees will be required to conspicuously display their Photo Identification Card provided to them at all times during their respective working hours. It will be the responsibility of the Department Head to enforce this policy. This policy shall become effective May 1, 2003. VOTE: Passed 7-0. RESOLUTION NO. 131 Motion by Larison, Second by Bingell. RE: AUTHORIZE TEMPORARY INCREASE IN HOURS FOR ACCOUNT CLERK TYPIST – PROBATION PROCEEDINGS OF THE YEAR 2003 45 WHEREAS, the 27-hour per week Typist in the Probation Department recently submitted her resignation and transferred to another department in the county, leaving a vacancy in the Probation Department, and WHEREAS, the position will not be immediately filled, and WHEREAS, the Account Clerk Typist in said department has offered to have her hours increased on a temporary basis for a period of three months to carry the extra workload, and WHEREAS, there are funds in said Department’s budget to allow for the above to occur. NOW, THEREFORE, BE IT RESOLVED, that the hours for the Account Clerk Typist be increased from 35 to 40 hours a week on a temporary basis for a period of three months, effective immediately. VOTE: Passed 7-0. RESOLUTION NO. 132 Motion by Larison, Second by Bingell. RE: AUTHORIZATION TO AMEND 2003 BUDGET – YOUTH BUREAU WHEREAS, the Schuyler County Youth Bureau has received a donation from the Schuyler County Sheriff’s Department to help fund Family Fun Day on March 23, 2003. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2003 Youth Bureau budget as follows: AMOUNT ACCOUNT NUMBER DESCRIPTION +$150 7310.495 Youth Program +$150 7310-2089 Revenue–Other Culture & Recreation (Fun Day) VOTE: Passed 7-0. RESOLUTION NO. 133 Motion by Larison, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT WHEREAS, Resolution No. 28-03 authorized advertisement for sealed bids for the application of fluridone on Waneta Lake and the residual monitoring thereof, and WHEREAS, bids were opened March 5, 2003 and reviewed, with the recommendation being made by the Lamoka/Waneta Lakes District Commission to accept the low bid from Allied Biological, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the low bid from Allied Biological, Inc., for the application of fluridone on Waneta Lake and the residual monitoring thereof at the low bid price of $168,689.00, and authorizes its Chairman to sign any and all necessary contract documents, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 134 Motion by Larison, Second by Bingell. RE: RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $214,005 BONDS OF THE COUNTY OF SCHUYLER, NEW YORK, TO PAY THE COST OF IMPROVEMENTS IN CONNECTION WITH THE ESTABLISHMENT OF THE LAMOKA/WANETA LAKES AQUATIC VEGETATION CONTROL & WATER QUALITY DISTRICT (COMMONLY REFERRED TO AND HEREAFTER TO BE OFFICIALLY KNOWN AS THE “SCHUYLER COUNTY LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT”) IN AND FOR SAID COUNTY WHEREAS, the County of Schuyler, New York, has heretofore adopted proceedings pursuant to the provisions of Article 5-A of the County Law, for the establishment of a special County improvement district originally specified in said proceedings hereafter to be known as the “Lamoka/Waneta Lakes Aquatic Vegetation Control and Water Quality District” as per the resolution adopted by the County Legislature of said County on July 14, 1997 authorizing a public hearing for the establishment of said District, and WHEREAS, the maximum amount specified in said resolution to be expended for the improvements proposed for the District is $214,005, and WHEREAS, in response to an application made to the State Comptroller of the State of New York requesting his permission for the establishment of the District, the State Comptroller, by order dated June 11, 2001, granted his permission for the establishment of the District, and 46 SCHUYLER COUNTY LEGISLATURE WHEREAS, the order of the State Comptroller refers to the District as the “SCHUYLER COUNTY LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT”, so that hereafter such District shall be called by such title, and WHEREAS, the County Legislature of said County has heretofore, on September 10, 2001, adopted a final order establishing the District, with the official name thereof being the “Schuyler County Lamoka/Waneta Lakes Protection and Rehabilitation District”, and WHEREAS, it is now desired to provide for the financing of the improvements authorized in connection with the establishment of the District. NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the County Legislature of the County of Schuyler, New York, as follows: Section 1. The improvement of the Schuyler County Lamoka/Waneta Lakes Protection and Rehabilitation District in and for the County of Schuyler, New York, in accordance with the proceedings duly had and taken by the County Legislature for the establishment of said District pursuant to Article 5-A of the County Law, is hereby authorized at a maximum estimated cost of $214,005. Section 2. The plan for the financing of such maximum estimated cost shall be by the issuance of not exceeding $214,005 bonds of said County hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said County of Schuyler, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall annually be assessed upon the taxable real property in said District in the manner provided by law an amount sufficient to pay said principal and interest as the same become due and payable, but if not paid from such source, all the taxable real property within said County shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. PROCEEDINGS OF THE YEAR 2003 47 Section 9. This resolution, which takes effect immediately, shall be published in full or in summary in The Watkins Review & Express, the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. VOTE: Passed 7-0. RESOLUTION NO. 135 Motion by Bingell, Second by Larison. RE: APPOINTMENT – WORKFORCE DEVELOPMENT BOARD BE IT RESOLVED, that the Schuyler County Legislature approve the appointment of the following individuals to the Workforce Development Board for the term January 1, 2003 through December 31, 2005: Jim Wilson Michael Gehl Michael Hastrich VOTE: Passed 7-0. RESOLUTION NO. 136 Motion by Bingell, Second by Larison. RE: APPOINTMENTS – ENVIRONMENTAL MANAGEMENT COUNCIL BE IT RESOLVED, that the Schuyler County Legislature approve the appointments of the following individuals to the Environmental Management Council for the term January 1, 2003 through December 31, 2004: John Q. Smith, Town of Montour Vacant, Village of Watkins Glen (Correction) Ed Gates, Chairman, Planning Commission VOTE: Passed 7-0. RESOLUTION NO. 137 Motion by Bingell, Second by Larison. RE: APPOINTMENTS – PLANNING COMMISSION BE IT RESOLVED, that the Schuyler County Legislature approve the appointments of the following individuals to the County Planning Commission for the term January 31, 2003 through January 31, 2005. John Q. Smith, Town of Montour Al White, Town of Hector Nancy Whipple, Town of Orange VOTE: Passed 7-0. RESOLUTION NO. 138 Motion by Karius, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FOR INSURANCE – UNALLOCATED INSURANCE WHEREAS, the Public Officials Liability insurance policy came in $8,593 over budget, and WHEREAS, the Sheriff’s Department insurance policies came in $873 over budget, and WHEREAS, there are funds in the Unallocated Insurance account to transfer for these overages because the overall insurance premiums are below last year. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $8,593 from account no. 1910.423 to account no. 1010.418 and $873 from account no. 1910.423 to account no. 3150.418. VOTE: Passed 7-0. RESOLUTION NO. 139 Motion by Karius, Second by Bingell. RE: AUTHORIZE BUDGET AMENDMENTS FOR INSURANCE - HIGHWAY WHEREAS, the County Road liability insurance premium for 2003 is $3,000 over what was budgeted, and WHEREAS, the Machinery auto insurance premium was $3,000 less than budgeted. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2003 Highway Department budget, as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$3,000 9522.900 Transfers to County Road - $3,000 9524.900 Transfers to Machinery +$3,000 5110.514 County Road Insurance 48 SCHUYLER COUNTY LEGISLATURE +$3,000 0002-5031 County Road Interfund Transfers - $3,000 5130.528 Machinery Insurance - $3,000 0003-5031 Machinery Interfund Transfers VOTE: Passed 7-0. RESOLUTION NO. 140 Motion by Karius, Second by Bingell. RE: AUTHORIZE PETTY CASH FOR THE EMERGENCY MANAGEMENT OFFICE WHEREAS, the Emergency Management Office is in need of having a petty cash fund available to them in the amount of $50. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish a petty cash fund for the Emergency Management Office in the amount of $50, effective immediately. VOTE: Passed 7-0. RESOLUTION NO. 141 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZATION TO APPLY FOR BYRNE ANTI-DRUG FUNDS – SHERIFF’S DEPARTMENT WHEREAS, monies have been made available from the Federal Edward Byrne Program through Senator John R. Kuhl’s Office to assist communities in fighting crimes connected with drugs and alcohol. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the Schuyler County Sheriff to submit a grant application for Federal Edward Byrne Program funds, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County Sheriff be hereby authorized to accept any approved Byrne Anti-Drug funds and sign any necessary documents for said funds, estimated to be $22,500 with the 25% match money to be taken from funds currently budgeted for anti- drug programs in the Sheriff 2003 budget; subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 142 Motion by Bingell, Second by Yuhasz. RE: APPOINTMENT TO S2AY ADVISORY BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Michael A. Yuhasz as the Legislative representative to the S2AY Advisory Board, effective immediately. VOTE: Passed 7-0. RESOLUTION NO. 143 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE GRANT APPLICATION WITH NEW YORK STATE DIVISION OF VETERANS AFFAIRS – VETERANS SERVICE AGENCY WHEREAS, the Schuyler County Veteran Service Agency has been offered an additional grant of $1,860 by the New York State Division of Veterans Affairs for the purpose of purchasing equipment. 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 Veterans Affairs in the amount of $1,860 for purchasing equipment for a term of April 1, 2002 through March 31, 2003; subject to the approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 144 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AMENDMENT TO THE SCHUYLER COUNTY CODE OF ETHICS BE IT RESOLVED, effective immediately, that Section IV-Standards of Conduct, of the Schuyler County Code of Ethics be amended to change the value dollar amount from twenty-five dollars to seventy-five dollars and will now read as follows, with the amendment in bold italics: 1. No county employee shall directly or indirectly solicit any gift, or accept or receive any gift having a value of seventy-five dollars or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence, or could reasonably be expected to influence, in the performance of official duties or was intended as a reward for any official action; and BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall cause a copy of this amendment to be distributed to every employee of this county. VOTE: Passed 7-0. PROCEEDINGS OF THE YEAR 2003 49 RESOLUTION NO. 145 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE COPIER LEASE WITH EASTERN COPY PRODUCTS – LEGISLATURE AND PUBLIC HEALTH WHEREAS, the Legislative Office and Public Health Department entered into a contract with Eastern Copy Products for a copier in 1998 for 60 months to expire June, 2003, and WHEREAS, Eastern Copy Products has offered a buyout for the existing copiers in the above- referenced departments in order to supply new, more advanced copiers, and WHEREAS, funding is available for said leases in the respective 2003 budget account nos. 1010.410 and 4010.410. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Eastern Copy Products for new copiers for the Legislative Office and Public Health Department, effective upon signing of the contract for 48 months as set forth below; subject to approval of the Schuyler County Attorney. Legislature Current Lease $287.00 + maintenance at $.0079/copy New Lease $252.38 + maintenance at $.0079/copy
Public Health Current Lease $205.00 + maintenance at $.0079/copy New Lease $252.38 + maintenance at $.0079/copy VOTE: Passed 7-0. RESOLUTION NO. 146 Motion by Larison, Second by Bingell. RE: MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR BE IT RESOLVED, that one (1) Resolution be brought to the floor. VOTE: Passed 7-0. RESOLUTION NO. 147A Motion by Bleiler, Second by Yuhasz. RE: MOTION TO AMEND RESOLUTION NO. 147 BE IT RESOLVED, that Resolution No. 147 be amended to change the title to read “RESOLUTION IN OPPOSITION OF THE PRESIDENT’S PROPOSAL TO CHANGE THE PURPOSE OF OR THE ADMINISTRATIVE FORMAT OF HEAD START”. DISCUSSION: Legislator Larison feels this Resolution should be forwarded to Inter-County Association for their consideration. Legislator Bleiler questioned the title of the resolution. Legislator Bingell said nothing shows it will continue Head Start the way it is right now. She read from a handout. She spoke about Head Start and how it teaches the children and gets them ready for Kindergarten. Legislator Yuhasz said the wording of the title bothers him also. He feels the words eliminate and overhaul mean two different things. Legislator Bingell said she is agreeable with removing the word “eliminate”. Legislator Slusser asked what the urgency is, as they are asked to evaluate this when they just got it tonight. He would like to see an opinion on this. Attorney Coleman asked Legislator Bingell if she had a source. Legislator Bingell said yes, and provided some information. She agrees to changing the title to say “change the purpose of or the administrative format of head start”. VOTE: Passed 7-0. RESOLUTION NO. 147 Motion by Larison, Second by Bingell. RE: RESOLUTION IN OPPOSITION OF THE PRESIDENT’S PROPOSAL TO CHANGE THE PURPOSE OF OR THE ADMINISTRATIVE FORMAT OF HEAD START – AS AMENDED WHEREAS, the President of the United States’ budget proposal includes a provision to overhaul the Head Start Program to change the focus of the program to literacy under the Department of Education (currently under Health and Human Services) by September 30, 2004, and WHEREAS, the President’s proposal also involves making the Performance Standards optional, and hand dollars from Head Start to the states for early childhood programming with possibly no emphasis on services to low income families, and 50 SCHUYLER COUNTY LEGISLATURE WHEREAS, with no Performance Standards, family services and parent governance would only be state options, reducing or removing local flexibility in decision-making, and WHEREAS, over 900,000 low-income children benefit greatly by receiving preschool education, meals and immunizations from the Head Start Program. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby opposes any proposal to overhaul the Head Start Program, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to President Bush, Governor Pataki, Senators Charles Schumer and Hillary Clinton, and Congressman Houghton. VOTE: Passed 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Slusser reported on the Management and Finance Committee. He said the budget at the State level still does not look good. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:16 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk
REGULAR MEETING APRIL 14, 2003
The April 14, 2003 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Slusser and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was excused. PUBLIC PARTICIPATION: George Eisman, owner of the Chalet Leon in Burdett, said as a member of the lodging industry, he feels adding to the room tax will be a burden. It would affect businesses by causing occupancy rates to go down, and he feels lodging is unfairly singled out. There should be some way for everyone to pay their fair share. His hotel is full on weekends, but he is lucky if they have someone there during the week. He suggested that the Legislature start taxing clothing again. Ed Gates, dairy farm owner in Burdett, said he supports the increase in room tax in order to share the burden, rather than an increase in property tax. Angie Franzese asked that the Legislature not add an additional tax onto rooms. She commented that she feels no tax on clothing is a great thing, it generates more sales. She suggested taxing race tickets and removing the room tax. The occupancy rates are down in the winter months. Tourism does not support families. She feels they are penalizing people for staying in Schuyler County. The Chamber of Commerce advertises many things, but only lodging is taxed at a higher rate. Yates County does not have any room tax. If you cannot get people to stay here, other businesses will suffer also. It will burden an industry that we are supposed to be helping. Chris Franzese, owner of the Villager Motel, said at a meeting he attended, only one person spoke on behalf of the tax. The motel industry is suffering right now and travel will not go up because of corporate business being at a standstill. He feels they are being taxed to death, between the county, schools, villages, etc. He feels they should leave the tax off and let the economy come back. He understands the need to cut county costs, and is willing to take a cut in services, but asked that the Legislature not raise the lodging industry tax. Stewart Henry, owner of the Golden Knight Inn, said that 39% of business is represented in the lodging industry in the Finger Lakes Wine Trail brochure, 60% is other business use. Lodging is to pay for 100% of advertising. He feels they need to increase business tax. They are not making enough money to improve their facilities, and this is more of a burden to them. He is thinking of closing his business if they can not get the PROCEEDINGS OF THE YEAR 2003 51 support from the County. 7:00 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2 OF THE YEAR 2003 SETTING THE SALARY OF THE ASSISTANT DISTRICT ATTORNEY (FULL-TIME): None. RESOLUTION NO. 148 Motion by Karius, Second by Bingell. RE: APPROVE MINUTES OF THE SEPTEMBER 9, 2002 REGULAR MEETING, SEPTEMBER 18, 2002 SPECIAL MEETING, OCTOBER 7, 2002 SPECIAL MEETING, OCTOBER 15, 2002 REGULAR MEETING, OCTOBER 30, 2002 SPECIAL MEETING AND NOVEMBER 12, 2002 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the September 9, 2002 Regular Meeting, September 18, 2002 Special Meeting, October 7, 2002 Special Meeting, October 15, 2002 Regular Meeting, October 30, 2002 Special Meeting and November 12, 2002 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 149 Motion by Karius, Second by Bingell. RE: AMEND RESOLUTION NO. 161-02 – SMALL CITIES ECONOMIC DEVELOPMENT GRANT FOR FORMER SHEPARD NILES PREMISES / AUTHORIZE USE OF FUNDS FOR ECONOMIC DEVELOPMENT FOR SHEPARD NILES PREMISES WHEREAS, Resolution No. 161 of 2002 authorized SCOPED to apply for a GOSC grant on behalf of SCIDA for the purchase of the former Shepard Niles premises, and WHEREAS, said grant application was duly submitted and is now being considered, and WHEREAS, in the interim circumstances have changed in that Schuyler Redevelopment, LLC (SR,LLC) has purchased the premises in question and proposes to redevelop them with the assistance of SCIDA using the economic development grant in accordance with the “Economic Development Grant and Loan Agreement” pending between SCIDA and SR,LLC, and WHEREAS, certain adjustments are therefore necessary among and between the prior understandings and relations of the parties. NOW, THEREFORE, BE IT RESOLVED: 1. The existing/pending grant application prepared by SCOPED be used to permit and fund SCIDA, acting in conjunction with SCOPED in such manner as the parties may determine, to assist SR,LLC in defraying the costs of redeveloping the former Shepard Niles premises in accordance with the grant and loan agreement above-mentioned. 2. SCOPED and SCIDA, together with their respective counsel, consult as required to arrange matters between them and with SR,LLC and draw the appropriate participation and other agreements required as the parties may agree. 3. The Schuyler County Legislature will undertake all necessary measures to support the above- described joint participation among these economic development entities and to execute any further agreements or documentation by action of the Chairman and the County Attorney without further resolution of this Legislature. 4. Resolution No. 161 of May 6, 2002, above-cited, is hereby amended to conform herewith, nunc pro tunc. VOTE: Passed 8-0. RESOLUTION NO. 150 Motion by Karius, Second by Bingell. RE: RESOLUTION URGING THE NEW YORK STATE LEGISLATURE TO ENACT AN UPDATED AND EXPANDED BOTTLE BILL WHEREAS, July 2003 marks the 20th anniversary of New York State's Returnable Container Act (hereinafter referred to as the "Bottle Bill"), and WHEREAS, this law requires a minimum 5-cent refundable deposit on carbonated soft drinks, beer, malt beverages, sparkling water, and wine coolers, thereby creating an economic incentive for the collection and return of these beverage containers, and WHEREAS, this law has resulted in an average return rate of 75% over the past twenty years, totaling over 75 billion bottles and cans, virtually all of which have been recycled, and 52 SCHUYLER COUNTY LEGISLATURE WHEREAS, this law has diverted more than 5.2 million tons from the waste stream, saving municipalities money in solid waste collection and disposal costs, and WHEREAS, this law has reduced litter by 30%, which has resulted in safer and more attractive streets, parks, playgrounds, beaches, and roadsides and has prevented injuries and property damage from broken glass, and WHEREAS, since the law was enacted, non-carbonated beverages such as bottled water, tea, juice and sports drinks have become more popular, and now make up more than 20% of the beverage market in New York, and WHEREAS, separate litter surveys conducted by the American Littoral Society and Scenic Hudson in 2002 show that non-carbonated beverages make up nearly two thirds of the beverage container litter in New York, and WHEREAS, expanding the Bottle Bill to include these containers would divert an additional 2.5 billion bottles and cans each year from the waste stream, reducing litter and easing the burden on municipal solid waste programs, and WHEREAS, the current law does not provide for the disposition of any unclaimed deposits, and the beverage industry has retained over $1.2 billion in unclaimed deposits since 1983, and WHEREAS, Senate bill S.1696 and Assembly bill A.3922 would expand the Bottle Bill to include bottled water, tea, juice and sports drinks, and would require that unredeemed deposits be submitted to the State Environmental Protection Fund to support municipal recycling and waste prevention programs and other critical environmental needs, and WHEREAS, the Container Recycling Institute estimates that this legislation could generate more than $172 million a year in new revenue. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby urge state lawmakers to enact S.1696/A.3922, which would expand and update the Bottle Bill to increase recycling, curb litter, reduce costs for municipalities, as long as these deposits are submitted to the Environmental Protection Fund to support municipal recycling, waste prevention, and other environmental programs, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby directed to forward copies of this resolution to Governor George E. Pataki, Senate Majority Leader Joseph L. Bruno, Assembly Speaker Sheldon Silver, Attorney General Eliot Spitzer, Senator John R. Kuhl, Jr., Assemblyman George Winner, NYSAC, InterCounty Association of Western New York and the New York Public Interest Research Group. VOTE: Passed 8-0. RESOLUTION NO. 151 Motion by Larison, Second by Young. RE: AMEND FLACRA TANF AGREEMENT AND AMEND 2003 BUDGET – MENTAL HEALTH WHEREAS, additional funding has been approved by New York State Office of Alcoholism and Substance Abuse Services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the agreement with Finger Lakes Addictions and Counseling Agency for TANF services in an additional amount of $5,625, subject to approval by the County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2003 County budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$5,625 4322-4490 Federal Aid +$5,625 4322.336 TANF Services VOTE: Passed 8-0. RESOLUTION NO. 152 Motion by Larison, Second by Young. RE: AUTHORIZE AGREEMENT WITH LAIDLAW TRANSIT, INC. FOR TRANSPORTATION – MENTAL HEALTH WHEREAS, transportation services, which were obtained through contract services, are no longer available, and PROCEEDINGS OF THE YEAR 2003 53 WHEREAS, there is an increased need for transportation support for people attending appointments at the Mental Health Clinic, and WHEREAS, there are no other effective means to meet this need. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature hereby authorized to enter into an agreement with Laidlaw Transit, Inc. to provide transportation services to the Mental Health Clinic from April 1, 2003 through June 30, 2003 at a cost of $30.00 per hour for approximately 25 hours per week, in an amount not to exceed $10,500, funding being available in the 2003 budget, account no. 4310.435, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 153 Motion by Larison, Second by Young. RE: RECOGNIZE MONTH OF MAY AS "MENTAL HEALTH MONTH” – MENTAL HEALTH WHEREAS, the Schuyler County Mental Health Clinic provides Outpatient Mental Health Services, including Children and Adult Case Management Services, and WHEREAS, mental health is essential to everyone’s overall health and well-being, and WHEREAS, mental health problems do not discriminate between race, creed, age limit or economic status, and WHEREAS, untreated or under treated mental illness costs public and private employers billions of dollars annually through absenteeism, turnover, low productivity and increased medical costs, and WHEREAS, Elmira Psychiatric Center provides a Socialization Program, Intensive Case Management Services, and Intensive Psychiatric Rehabilitation Treatment to adults in Schuyler County, and WHEREAS, Gateways provides Community Residence Program, Supportive Apartments and Intensive Supportive Apartments for mentally impaired individuals in Schuyler County, and WHEREAS, Pathways, Inc. provides respite services for children and youth and operates the REACH Family Based Treatment Program, and WHEREAS, the Schuyler County Mental Health Association actively promotes education and other activity in support of mental health programs, and WHEREAS, the Community Services Board and the Mental Health Subcommittee of the Community Services Board are responsible for mental health programming and services in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes May as Mental Health Month and offers its support and encouragement to all consumers, clients and their families, and local service providers as they work together to overcome and manage disabilities and achieve and maintain the highest level of participation in our community. VOTE: Passed 8-0. RESOLUTION NO. 154 Motion by Larison, Second by Young. RE: RECOGNIZE MAY 6 – 12, 2003 AS NATIONAL NURSES WEEK – PUBLIC HEALTH WHEREAS, the 2.7 million registered nurses in the United States comprise our nation’s largest health care profession, and WHEREAS, the depth and breadth of the registered nursing profession meets the different and emerging health care needs of the American population in a wide range of settings, and WHEREAS, the American Nurses Association, as the voice for the registered nurses of this country, is working to chart a new course for a healthy nation that relies on increasing delivery of primary and preventive health care, and WHEREAS, a renewed emphasis on primary and preventive health care will require the better utilization of all of our nation’s registered nursing resources, and WHEREAS, professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients, and WHEREAS, the demand for registered nursing services will be greater than ever because of the aging of the American population, the continuing expansion of life-sustaining technology and the explosive growth of home health care services, and 54 SCHUYLER COUNTY LEGISLATURE WHEREAS, more qualified registered nurses will be needed in the future to meet the increasingly complex needs of health care consumers in this community, and WHEREAS, cost-effective, safe and quality health care services provided by registered nurses will be an ever more important component of the U.S. health care delivery system in the future. NOW, THEREFORE, BE IT RESOLVED, that along with the American Nurses Association, with the theme “Lifting Spirits, Touching Lives”, the Schuyler County Legislature hereby recognizes the week of May 6 – 12, 2003 as National Nurses Week in celebration of the many ways in which registered nurses strive to provide safe and high quality patient care and map out the way to improve our health care system, and BE IT FURTHER RESOLVED, that the community celebrate registered nurses’ accomplishments and efforts to improve our health care system and show our appreciation for all our community’s nurses in Schuyler County Public Health, Schuyler County Mental Health Clinic, Schuyler Hospital, The Falls Home, Schuyler Hospital’s Seneca View facility, the Arc of Schuyler County, local Schools and Doctors’ offices. VOTE: Passed 8-0. RESOLUTION NO. 155 Motion by Young, Second by Yuhasz. RE: POLICY FOR ESTABLISHING ELIGIBILITY CRITERIA FOR THE PHYSICALLY HANDICAPPED CHILDREN’S PROGRAM (PHCP) – PUBLIC HEALTH WHEREAS, past practice has been to accept orthodontics as an eligible criteria for the Physically Handicapped Children’s Program, and WHEREAS, the local Municipality has full control of setting the local eligibility criteria for the Program, and WHEREAS, with the current State Aid reimbursement concerns, the Director of Public/Mental Health recommends elimination of orthodonture as an eligible criteria as it relates to the PHCP. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the elimination of orthodonture from the PHCP eligibility criteria, for new applicants, effective immediately, and BE IT FURTHER RESOLVED, that this Legislature authorizes the continued coverage for those currently in the Program for orthodonture, until completion of their treatment. VOTE: Passed 8-0. RESOLUTION NO. 156 Motion by Young, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH THE ARC OF SCHUYLER COUNTY GLEN INDUSTRIES FOR A PEER SPECIALIST AND AMEND 2003 BUDGET – MENTAL HEALTH WHEREAS, there is a need for increased job training opportunities for the mentally ill and for mental health consumers to have an increased role in mental health treatment and delivery, and WHEREAS, there is a need for increased peer advocacy for mental health at the psycho social club, raising the community profile of mental health recipients and providing safe transportation of individuals needing mental health treatment, and WHEREAS, the Office of Mental Health has approved funding to provide this needed service, NOW, THERFORE, BE IT RESOLVED, that the Chairman of the Legislature hereby authorizes an agreement with The Arc of Schuyler County to provide these services, from April 1, 2003 through December 31, 2003, in an amount not to exceed $17,139, at no cost to the County, subject to the approval of the Schuyler County Attorney. BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2003 County budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +17,139.00 4310.435 Professional Fees & Services +17,139.00 4310-3490 State Aid-Mental Health VOTE: Passed 8-0. RESOLUTION NO. 157 Motion by Young, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH SCHUYLER COUNTY CHILD ABUSE TASK FORCE, INC. – MENTAL HEALTH WHEREAS, the Mental Health Clinic wishes to promote good mental health practices through PROCEEDINGS OF THE YEAR 2003 55 prevention and education programs supporting awareness of abuse in Schuyler County, and WHEREAS, the Schuyler County Child Abuse Task Force, Inc., already promotes child, youth and family mental health through prevention and education programs in Schuyler County. NOW, THEREFORE, BE IT RESOLVED that the Chairman of the Legislature be hereby authorized to execute a contract with the Schuyler County Child Abuse Task Force, Inc., for the following services: 1. Organizing a mandated reporter training program utilizing qualified professionals in the field of child abuse and neglect, geared towards giving mental health professionals updated and required information. 2. Providing a community forum and/or survey of needs assessing and identifying areas of local concern and interest in regard to issues of child abuse and neglect. 3. Arranging an additional educational conference regarding a topic to be agreed upon in the future regarding the needs of the community related to child abuse through December 31, 2003, in an amount not to exceed $4,000, funding available in the 2003 Mental Health budget account no. 4310.435, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 158 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Robert Dunphy to the Schuyler County Youth Board for the term January 1, 2003 through December 31, 2005. VOTE: Passed 8-0. RESOLUTION NO. 159 Motion by Larison, Second by Bingell. RE: AUTHORIZE PETTY CASH FOR THE HUMAN RESOURCES DEPARTMENT WHEREAS, the Human Resources Department is in need of having a petty cash fund available to them in the amount of $50. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish a petty cash fund for the Human Resources Department in the amount of $50, effective immediately. VOTE: Passed 8-0. RESOLUTION NO. 160 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT WITH EBS BENEFIT SOLUTIONS – HUMAN RESOURCES WHEREAS, the County provides a flexible spending plan to its employees as required by union contract, and WHEREAS, discrimination testing is to be done for this plan, and WHEREAS, EBS Benefit Solutions administers the county’s flexible spending plan and is also able to provide discrimination testing, and WHEREAS, it is the recommendation of Human Resources that the County comply with the IRS regulations for its flexible spending plan and that EBS Benefit Solutions provide that service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with EBS Benefit Solutions, Inc. for Discrimination Testing as required by Federal Tax Law for the year 2003, at a total cost of $250, funding available in Human Resources account no. 1430.435, contract subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 161 Motion by Larison, Second by Bingell. RE: RECOGNIZE WEEK OF APRIL 27-MAY 3, 2003 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 27-May 3, 2003 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. 56 SCHUYLER COUNTY LEGISLATURE VOTE: Passed 8-0. RESOLUTION NO. 162 Motion by Larison, Second by Bingell. RE: APPOINTMENT TO THE COMPUTER COORDINATION COMMITTEE BE IT RESOLVED, that Charlotte Jaynes be hereby appointed to the Computer Coordination Committee to replace George Roets, effective immediately, to serve until further notice. VOTE: Passed 8-0. RESOLUTION NO. 163 Motion by Larison, Second by Bingell. RE: AUTHORIZE FILLING OF PART-TIME CORRECTIONS OFFICER – SHERIFF’S DEPARTMENT WHEREAS, it is necessary for the Schuyler County Jail to use part-time correction officers to fill in when the full-time correction officers are unable to perform their duties due to vacation or sick time, and WHEREAS, there is a vacant part-time Corrections Officer position in the Sheriff’s Department. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill the part-time Corrections Officer position effective immediately. DISCUSSION: Legislator Larison explained that the Sheriff needs this position to fill when needed. It is more cost effective to use part-time employees rather than full-time employees with overtime. Legislator Young said she is concerned over contract issues that may come up. She recommends it be put back through committee next week, unless this is a crisis. Motion to table by Legislator Young, Second by Legislator Karius. Legislators Larison and Bingell expressed that this was put through committee. Legislator Bleiler asked if this is a new position. Legislator Larison said no, it simply has been vacant for over 90 days and requires legislative approval to fill. Legislator Young withdrew her motion. VOTE: Passed 8-0. RESOLUTION NO. 164 Motion by Karius, Second by Bingell. RE: AUTHORIZE THE SHERIFF TO NOTIFY CELLULAR PHONE PROVIDERS ON REDIRECTING 911 CALLS WHEREAS, the County of Schuyler has, for over thirty-five years, centralized public safety communications located in the Schuyler County Sheriff’s Office, and WHEREAS, that communications center dispatches all emergency services for police, fire, medical and also functions as the primary public safety answering point (PSAP) for all 911 calls originating in Schuyler County, including some cellular call for emergency services, and WHEREAS, it appears that some wireless 911 calls are going in to areas outside of Schuyler County that do not have a public safety answering point, and WHEREAS, it is in the best interest of public safety and the safety of all the residents of Schuyler County that need police, fire and medical services that this not happen. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports and agrees that the Sheriff shall notify all present and any future cellular phone providers that all 911 cellular calls in Schuyler County be routed to the primary answering point for police, fire and medical services located at the 911 public safety communications center in Schuyler County, 106 Tenth Street, Watkins Glen, NY 14891, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to said notification. VOTE: Passed 8-0. RESOLUTION NO. 165 Motion by Karius, Second by Bingell. RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE TOWN OF HECTOR FOR COURT OFFICERS SERVICES – SHERIFF’S DEPARTMENT WHEREAS, the Town of Hector has received a grant for Court Officer services, and WHEREAS, the Town of Hector wishes to contract with the Schuyler County Sheriff’s Department for these court services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Town of Hector for the Sheriff’s Department for Court Officer Services for the term January 1, 2003 through December 31, 2003, at a rate of $20 per hour; subject to approval of the Schuyler County Attorney. PROCEEDINGS OF THE YEAR 2003 57 VOTE: Passed 8-0. RESOLUTION NO. 166 Motion by Karius, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR FEDERAL EMERGENCY MANAGEMENT AGENCY DISASTER MITIGATION GRANT – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for the Pre-Disaster Mitigation Planning Grant for Fiscal Year 2003 (FY03), and WHEREAS, the grant provides matching funds by both the State Emergency Management Office and the Federal Emergency Management Agency to help reduce or eliminate the impacts of disaster, and WHEREAS, approximately $250,000 is to be made available to communities to prepare plans. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the aforementioned grant funds with the State Emergency Management Office; said documents subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 167A Motion by Bingell, Second by Yuhasz. RE: MOTION TO TABLE RESOLUTION NO. 167 BE IT RESOLVED, that Resolution No. 167 be tabled for further discussion with the County Attorney. DISCUSSION: Legislator Bleiler said he has a problem with the wording, saying all volunteers. The County Attorney says it has to cover all volunteers. Chairman Gifford believes it covers all volunteer conducting county business only. Legislator Larison asked why anyone would not want to cover someone that volunteers and gets hurt. Legislator Bleiler said he does not have a problem with fire investigators, he has a problem with all volunteers and asked if this resolution is this too broad? Legislator Slusser said he thought they agreed to change the language. Legislator Bleiler said he thought they agreed to have the County Attorney review it further, we did not take formal action to change the wording. Legislator Larison said he feels they are not supporting fire investigators. VOTE: Passed 7-1. No: Larison. RESOLUTION NO. 167 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE VOLUNTEER ENDORSEMENT FOR WORKER’S COMPENSATION POLICY- TABLED WHEREAS, the county’s present Worker’s Compensation insurance carrier and safety group recommend that Schuyler County add an endorsement to their policy covering volunteers (i.e. Volunteer Fire Investigators), and WHEREAS, the Human Resources Department and Management and Finance Committee concur with this recommendation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize all volunteers for Schuyler County purposes be included in the existing Worker’s Compensation policy #899747-0, and BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to the State Insurance Fund, Lovell Safety Management Group and E.C. Cooper, Inc. RESOLUTION NO. 168 Motion by Bingell, Second by Larison. RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2003 SETTING THE SALARY OF THE ASSISTANT DISTRICT ATTORNEY (FULL-TIME) WHEREAS, a proposed Local Law setting the salary of the Assistant District Attorney (Full-Time) was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held April 14, 2003 at 7:00 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2/Local Law No. 3 of the Year 2003, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and 58 SCHUYLER COUNTY LEGISLATURE 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 2003, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2003 A Local Law Setting the Salary of the Assistant District Attorney (Full-Time). Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the salary of the Assistant District Attorney (full-time) shall be $56,937 effective January 1, 2003. 2. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24. VOTE: Passed 8-0. RESOLUTION NO. 169 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS FOR TRUCK REPAIRS – WEIGHTS AND MEASURES WHEREAS, the Weights and Measures vehicle required $240 of repairs, and there are not sufficient funds in the 2003 budget to pay for the same. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $240 from contingency account no. 1990.500 to Weights and Measures account no. 6610.444. VOTE: Passed 8-0. RESOLUTION NO. 170 Motion by Larison, Second by Bingell. RE: AUTHORIZE MAINTENANCE AGREEMENT WITH EMERGENCY POWER SYSTEMS, INC. – BUILDINGS AND GROUNDS WHEREAS, Schuyler County has three generators, on Terry Hill, at the Dispatch Center and at the County Highway Department, which needs to be maintained for the safety of the citizens of the county, and WHEREAS, funding for the generator maintenance is set forth in the 2003 budget, as follows: ACCOUNT NO. DESCRIPTION AMOUNT 5131.457 Shared Fuel Facility $480.00 1620.400 Terry Hill Tower $480.00 1620.400 911 Center $550.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a maintenance agreement with Emergency Powers Systems, Inc. to provide maintenance and service for three generators, for a period of one year, at a total cost of $1,510.00; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 171 Motion by Larison, Second by Bingell. RE: DECLARE EQUIPMENT SURPLUS FOR PUBLIC AUCTION WHEREAS, there are vehicles in various departments, which are no longer needed for public use. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that this Legislature hereby declare the following vehicles surplus for placement in the County auction: Buildings and Grounds One (1) 1994 Ford F150 Pick-up, S/N 1FTEF14N8RLA25806 Highway One (1) 1987 Chevrolet 1-ton Pick-up, S/N 1GCGR33KXHS170868 Social Services One (1) 1991 Chevrolet Cavalier, S/N 1G1JC54OM7251378 One (1) 1994 Oldsmobile Cutlass, S/N 1G3AJ85MOR6423957 VOTE: Passed 8-0. RESOLUTION NO. 172 Motion by Bingell, Second by Yuhasz. RE: ACCEPT/REJECT BIDS FOR REPLACEMENT OF TUG HOLLOW BRIDGE OVER HECTOR FALLS CREEK WHEREAS, Resolution No. 57-03 authorized the advertising for bids for construction of the Tug Hollow Bridge Replacement, and WHEREAS, said advertisement was made, bids were received and opened on March 14, 2003. PROCEEDINGS OF THE YEAR 2003 59 NOW THEREFORE, BE IT RESOLVED, upon recommendation of Fisher Associates and the Public Works Committee, the Schuyler County Legislature accepts the bid from Silverline Construction at the low bid price of $122,493.00, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to said bid; subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that all other bids be rejected with a letter of appreciation for their participation. VOTE: Passed 8-0. RESOLUTION NO. 173 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE ACCEPTANCE IN ANTICIPATION OF RECEIVING MULTI-MODAL FUNDS FOR THE REPLACEMENT OF TUG HOLLOW BRIDGE IN THE VILLAGE OF BURDETT- HIGHWAY WHEREAS, the Highway Department has applied for Multi-Modal funds in the amount of $50,000 for the replacement of Tug Hollow Bridge in the Village of Burdett. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer amend the 2003 County Road Budget and increase the revenue to reflect the total of $50,000, and that the Chairman of the Legislature be hereby authorized to execute a contract with the particular agency that will be assigned to this project, subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 174 Motion by Bingell, Second by Yuhasz. RE: ACCEPT BIDS FOR ASPHALT EMULSIONS WHEREAS, Resolution No. 16-03 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 March 7, 2003. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: ALL BIDS ACCEPTED Vestal Asphalt 210 Stage Road Vestal, NY 13850
Central Asphalt 20 Fairground Lane Watkins Glen, NY 14891
Penn Can Asphalt PO Box 6501 Syracuse, NY 13217
A.L. Blades & Sons PO Box 590 Hornell, NY 14843
Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 175 Motion by Bingell, Second by Yuhasz. RE: ACCEPT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SAND & SELECT GRANULAR FILL WHEREAS, Resolution No. 16-03 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 March 7, 2003. 60 SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: ALL BIDS ACCEPTED Hanson Aggregates BRD, Inc. Machuga Pit P.O. Box 231 9845 Walton Road Easton, Pa. 18044-0231, and Bradford, NY 14815
Dalrymple Gravel & Contracting Co. Wickham’s Pit 2105 S. Broadway 2300 Texas Hollow Rd Pine City, N.Y.14871, and Odessa, NY 14869, and
Narde Paving Arcangeli Mine 234 Breesport Road 4071 Satterly Hill Road Horseheads, NY 14845, and Burdett, NY 14818
Knight Settlement A.L. Blades & Sons Construction PO Box 191, Knight Settlement Road PO Box 590 Bath, NY 14810, and Hornell, NY 14843
Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 176 Motion by Bingell, Second by Yuhasz. RE: ACCEPT BIDS FOR BITUMINOUS CONCRETE ASPHALT WHEREAS, Resolution No. 16-03 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 March 7, 2003. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: ALL BIDS ACCEPTED
Hanson Aggregates BRD Hanson Aggregates Oaks Corners PO Box 231 Easton, Pa 18044-0231, and
Seneca Stone Box 76, CR 121 Fayette, NY 13065
Dalrymple - Pine City Dalyrmple – Fisherville 2105 S. Broadway Pine City, NY 14871
Valley Asphalt 320 East Washington Street Bath, NY 14810
Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. PROCEEDINGS OF THE YEAR 2003 61 RESOLUTION NO. 177 Motion by Bingell, Second by Yuhasz. RE: ACCEPT BIDS FOR COLD MIX STOCK PILE PATCHING MATERIAL WHEREAS, Resolution No. 16-03 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 March 7, 2003. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: ALL BIDS ACCEPTED
Vestal Asphalt 210 Stage Road Vestal, NY 13850
Central Asphalt 20 Fairground Lane Watkins Glen, NY 14891
Seneca Stone PO Box 76 Fayette, NY 13065
Narde Paving 234 Breesport Road Horseheads, NY 14845
Dalrymple Sand and Gravel 2105 S. Broadway Pine City, NY 14871
Hanson Aggregates BRD, Inc. PO Box 231 Easton, Pa. 18044-0231
Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 178 Motion by Bingell, Second by Yuhasz. RE: ACCEPT/REJECT BIDS FOR GALVANIZED PIPE, FLARED END SECTIONS WHEREAS, Resolution No. 16-03 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 March 7, 2003. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid: Chemung Supply PO Box 527 Elmira, NY 14902, and BE IT FURTHER RESOLVED, that the following bid be rejected: Lane Enterprises 10 May Street Bath, NY 14810
62 SCHUYLER COUNTY LEGISLATURE Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 179 Motion by Bingell, Second by Yuhasz. RE: ACCEPT BID FOR GUIDERAIL WHEREAS, Resolution No. 16-03 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 March 7, 2003. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid: ONLY BID RECEIVED Chemung Supply Corporation PO Box 527 Elmira, NY 14902 Copy of this bid is available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 180 Motion by Bingell, Second by Yuhasz. RE: ACCEPT BIDS FOR ICE CONTROL SAND WHEREAS, Resolution No. 16-03 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 March 7, 2003. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: ALL BIDS ACCEPTED
Hanson Aggregates BRD, Inc. P.O. Box 231 Easton, Pa. 18044-0231, and
Dalrymple Gravel & Contracting Co. 2105 S. Broadway Pine City, N.Y.14871
Seneca Stone P.O. Box 76 Fayette, NY 13065
Narde Paving 234 Breesport Road Horseheads, NY 14845
Arcangeli Mine 4071 Satterly Hill Road Burdett, NY 14818
Knight Settlement PO Box 191, Knight Settlement Road Bath, NY 14810
Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. PROCEEDINGS OF THE YEAR 2003 63 RESOLUTION NO. 181 Motion by Bingell, Second by Yuhasz. RE: ACCEPT BIDS FOR CRUSHED STONE (LIMESTONE) CRUSHED GRAVEL WHEREAS, Resolution No. 16-03 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 March 7, 2003. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: ALL BIDS ACCEPTED
Hanson Aggregates, Inc. P.O. Box 231 Easton, Pa. 18044-0231, and
Dalrymple Gravel & Contracting Co. 2105 S. Broadway Pine City, N.Y.14871
Seneca Stone P.O. Box 76 Fayette, NY 13065
Knight Settlement PO Box 191, Knight Settlement Road Bath, NY 14810
Machuga Pit 9845 Walton Road Bradford, NY 14815
Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 182 Motion by Bingell, Second by Yuhasz. RE: ACCEPT BIDS FOR PAVEMENT MARKINGS WHEREAS, Resolution No. 16-03 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 March 7, 2003. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids, as follows: Centerline application including materials Edgeline application including materials Yellow Traffic line paint White traffic line paint Reflectorized glass beads: M & S Stripping Co. 134 Florence Street Mamaroneck, NY 10543
Survey of passing and no-passing ones with log sheets included Indexing of passing and no-passing zones from existing log sheets Spotting of centerline on new pavement: 64 SCHUYLER COUNTY LEGISLATURE Zebra Paint Stripping 365 Second Street N. Hornell, NY 14843
Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 183 Motion by Bingell, Second by Yuhasz. RE: ACCEPT BIDS FOR READY MIX CONCRETE, CONCRETE RETAINING WALL BLOCKS WHEREAS, Resolution No. 16-03 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 March 7, 2003. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: ALL BIDS ACCEPTED
Hanson Aggregates BRD, Inc. P.O. Box 231 Easton, Pa. 18044-0231, and
Dalrymple Gravel & Contracting Co. 2105 S. Broadway Pine City, N.Y.14871
Chemung Supply P.O. Box 527 Elmira, NY 14902
Knight Settlement PO Box 191, Knight Settlement Road Bath, NY 14810
Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 184 Motion by Bingell, Second by Yuhasz. RE: ACCEPT BIDS FOR SIGNS, SIGN POSTS, EXTENSIONS AND SIGN BLANKS WHEREAS, Resolution No. 16-03 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 March 7, 2003. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids for: Sign Posts and Extensions: Chemung Supply PO Box 527 Elmira, NY 14902 Signs and Sign Blanks: Rocal Inc. PO Box 640 Frankfort, Ohio 45628 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. PROCEEDINGS OF THE YEAR 2003 65 RESOLUTION NO. 185 Motion by Bingell, Second by Yuhasz. RE: ACCEPT BIDS FOR STEEL PIPE, POLYETHYLENE PIPE, GABION BASKETS, STEEL PLATE & SHOP STEEL WHEREAS, Resolution No. 16-03 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 March 7, 2003. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids for: Shop Steel Polyethylene Pipe Used Shop Steel: Chemung Supply Corporation PO 527 Elmira, NY 14902
Used Steel Pipe: Chemung Supply Corporation PO Box 527 Elmira, NY 14902 Items: 1, 5, 7 8, 9, 10, 13, 14, 16, 18, 19, Only
Allegany Pipe & Tubular Products 2954 CR 22 Andover, NY 14806 Items: 2, 3, 4, 6, 11, 12, 15, 17, 20, 21, 22 Only Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 186 Motion by Bingell, Second by Yuhasz. RE: ACCEPT BID FOR TREE REMOVAL WHEREAS, Resolution No. 16-03 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 March 7, 2003. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid: ONLY BID RECEIVED
Lake to Lake Tree Service 1652 Oakleaf Lane Penn Yan, NY 14527 Copy of this bid is available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 187 Motion by Bingell, Second by Bleiler. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION ALLOWING SCHUYLER COUNTY TO INCREASE ITS ROOM TAX TO 4% WHEREAS, the County of Schuyler is authorized to levy and collect a 2% room tax, and WHEREAS, an increase thereof is desired. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature to adopt special legislation to amend the New York State Law to authorize the Schuyler County Legislature to increase its room tax imposed under §1202-I of the Tax Law from 2% to 4% beginning at a time to be determined by proposed state legislation, and 66 SCHUYLER COUNTY LEGISLATURE BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator John R. Kuhl, Jr., New York State Assemblyman George Winner and to the Majority and Minority Leaders of the New York State Senate and Assembly. DISCUSSION: Legislator Bleiler said he has talked to a lot of people about this and feels they need to revisit the discussion. He explained to the public that this is just to ask the State to consider allowing an increase, he hopes it will pass so that they will have an option for next year’s budget. A public hearing needs to be held and then they vote again on it for it to be implemented next year. He commented on some earlier confusion between the Chamber of Commerce and the Tourism Promotion Agency (TPA). The Chamber of Commerce is also the county’s selected TPA, and 100% of room tax goes to the TPA. He expected the tourism industry to be opposed to this. He was surprised that one person was in favor of looking into other options. Any tax other than property tax must be approved by the State of New York. An entertainment tax needs to be approved by the State and they are considering that also. They will not have the opportunity to implement this unless they vote tonight. The budget is going to be tough and they will have to decide to cut or keep programs. Farmers are the ones hurt most by property tax and he believes this is a fairer tax than increasing property tax. He feels they need to give themselves another option to increase revenues, especially when they may be considering layoffs next year. Legislator Young said they will be looking in the future for every kind of fee or tax they can find. She would like to see them look carefully at a twenty-five cent increase on race tickets, and possibly put the clothing tax back. Legislator Bingell said she is reluctant to support this. She talked to a lot of people that were blindsided by it last week. Legislator Slusser said he is against additional taxes too, however he is willing to leave this open as an option for the future. Legislator Yuhasz agrees with Legislator Young, it is one of many options to look at to cover budget shortfalls. VOTE: Passed 8-0. RESOLUTION NO. 188 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CONTRACT RENEWAL WITH MICHAEL POWERS FOR INVESTIGATIVE SERVICES – DISTRICT ATTORNEY WHEREAS, there is a need for continued investigative services for the District Attorney as a result of an increase in felony prosecution in Schuyler County, and WHEREAS, the District Attorney requests that the total compensation to Michael J. Powers shall be $25.00 per hour with mileage at $0.28 per mile and expenses with a maximum of $1,500. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contact with Michael J. Powers for investigative services to be provided to the District Attorney’s Office for the term April 1, 2003 through June 30, 2003, said contract with Michael J. Powers to include compensation of $25.00 per hour plus expenses to be paid according to paragraph 6 of the contract; contract subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 189 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE LETTER OF UNDERSTANDING FOR HUMAN RESOURCE AND FAMILY FIRST RESPONSIBILITIES-FAILED WHEREAS, the Clerk to the Legislature has agreed to assume the duties of Human Resource Manager as part of her role as Clerk to the Legislature with additional compensation, and WHEREAS, the Youth Bureau Director has agreed to assume the duties of Families First Coordinator as part of her role as Youth Bureau Director with additional compensation, and WHEREAS, it is the recommendation of the County Attorney that a letter of understanding be entered into that states that if the above referenced additional duties are discontinued that the incumbents will revert to their previous jobs. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a letter of understanding as described above with Gail Hughey, Clerk to the Legislature, and JoAnn Fratarcangelo, Youth Bureau Director; letter of understanding to be attached to the revised job specifications and subject to the approval of the Schuyler County Attorney. PROCEEDINGS OF THE YEAR 2003 67 DISCUSSION: Legislator Slusser said he is opposed to this because it says if they have done the wrong thing, they do not have an option of going back. Legislator Bingell feels it is being misconstrued. It does not say we go back to where we began, it says that those two employees are guaranteed their previous jobs. Legislator Karius said she did not think the County Attorney involved himself with personnel problems. Legislator Bingell stated that this is not a personnel issue, it is a legal issue. Legislator Bleiler said he agrees the individuals are doing a great job in these positions, but why do they need to do this Resolution? If there is a way to improve what we are doing, why not do it? When you add jobs you add pay. He feels it would be an insult to give the old jobs back if they take duties away from them. They should evaluate the situation. Legislator Larison said he does not know what they the legislators are afraid of and he can not understand why they would not want to protect these people. VOTE: Failed 4-4. Noes: Slusser, Karius, Bleiler, Gifford. RESOLUTION NO. 190 Motion by Larison, Second by Slusser. RE: AUTHORIZE APPOINTMENT TO SOUTHERN TIER REGIONAL EMERGENCY SERVICES (STREMS) BOARD OF DIRECTORS AND COUNCIL BE IT RESOLVED, that this Legislature approve the appointment of Gerry Gapp to the STREMS Board of Directors effective immediately through December 31, 2003, and BE IT FURTHER RESOLVED, that Richard Churches and the person selected to fill the Emergency Management Coordinator position for Schuyler County be appointed to the STREMS Council for the term April 15, 2003 through April 14, 2007. VOTE: Passed 8-0. RESOLUTION NO. 191 Motion by Larison, Second by Slusser. RE: ESTABLISH HIRING DIRECTIVE FOR 2003-FAILED WHEREAS, the Schuyler County Legislature is deeply concerned about the fiscal health of our county government and the increasing financial responsibilities of our taxpayers, and WHEREAS, many other counties in the state are announcing layoffs of county employees due to the current budget crisis, and this Legislature hopes to avoid such measures in Schuyler County by addressing potential shortfalls as early as possible, and WHEREAS, the uncertainty over the amount of state aid to be given counties for 2003 still exists, and WHEREAS, our taxpayers cannot afford to make up the difference for lost state and federal revenues or from any new spending initiatives mandated by our own Board, and WHEREAS, we must also consider all the expanding fiscal responsibilities we may be facing in 2003 due to proposed changes by New York State Legislature, and WHEREAS, this Legislature would be fiscally irresponsible to our taxpayers if it did not take some measures at this point in time to compensate for any possible loss of state funds anticipated in our 2003 budget. NOW, THEREFORE, BE IT RESOLVED, that this Legislature pledges to watch county spending even more closely than in the past so that we perhaps can reduce our own local rate of spending before it is too late to be of help for 2003 and to help us to prepare for what is to come in 2004, and BE IT FURTHER RESOLVED, that this Legislature declare a freeze on hiring of new personnel, whether it be to a newly created position or to a vacancy created within the department by the resignation, retirement or removal of an employee, unless such hiring shall be specifically authorized by Resolution of this Legislature, said freeze to commence immediately and continue in full force and effect until December 31, 2003, and BE IT FURTHER RESOLVED, that this Resolution shall exclude all per diem positions and any positions, which as of this date has been advertised and/or interviewed for. DISCUSSION: Legislator Larison said he does not support a hiring directive. He feels it usurps the committee system. The department heads generally know more than the legislators. Legislator Bingell said she does not support this Resolution. She also feels the committee system is much more effective than an Administrator. Legislator Slusser feels these decisions need to be made at a higher level, the Legislature. Each committee is responsible to the Legislature. Legislator Bleiler said he will not support this either. There are lots of variables to look at within each department or position. 68 SCHUYLER COUNTY LEGISLATURE VOTE: Failed 3-5. Noes: Young, Bleiler, Larison, Bingell, Yuhasz RESOLUTION NO. 192 Motion by Larison, Second by Slusser. RE: APPOINTMENT – RSVP ADVISORY COUNCIL BE IT RESOLVED, that this Legislature approve the appointment of Glenn R. Larison to the RSVP Advisory Council to replace Delmar Bleiler effective immediately through December 31, 2005. VOTE: Passed 8-0. RESOLUTION NO. 193 Motion by Bingell, Second by Larison. RE: AUTHORIZE ESTABLISHMENT OF A HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) COMMITTEE WHEREAS, in 1996 the Health Insurance Portability and Accountability Act (HIPAA) was enacted setting forth complex and lengthy regulations for health insurance reform, and WHEREAS, there are many departments of the county affected by HIPAA, and WHEREAS, it is recommended that a committee be formed including representation from departments impacted by HIPAA to allow for pooling of resources and information. NOW, THEREFORE, BE IT RESOLVED, that a HIPAA Committee be established and charged to work collaboratively in implementing HIPAA regulations and making recommendations to the Legislature on issues relative to HIPAA, and BE IT FURTHER RESOLVED, that this Legislature appoints the following individuals to the HIPAA Committee: Shawn Rosno William Weiss Patricia Emery William Yessman Ronald Alexander Robert Dunphy Joann Fratarcangelo Nancy Peters Kathy Walruth VOTE: Passed 8-0. RESOLUTION NO. 194 Motion by Bingell, Second by Larison. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE DEPUTY SHERIFFS ASSOCIATION WHEREAS, the recently ratified agreement with the Deputy Sheriffs Association allows for a Labor/Management committee to convene for the purposes of developing a procedure for special assignment salary review, and WHEREAS, the Labor/Management Committee met and proposes the following agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the a Memorandum of Agreement with the Deputy Sheriffs Association, be retroactive to January 1, 2003, as set forth below: The County and the Association hereby agree that the provisions outlined in Article IV, entitled Wages and Salaries, item 3 a., entitled Additional Benefits, in the collective bargaining agreement covering the period from January 1, 2003 through December 31, 2007 shall be amended to read as follows: 3. Additional Benefits a. The following specified special assignments shall be paid the following additional hourly amounts which shall be in addition to any salary or benefit conferred by provisions of this Agreement: Assignment Amount Navigation Officer $.38 per hour K-9 Officer $.58 per hour These hourly rates shall be paid annually upon submission of a MSD-426A form by the appointing authority. PROCEEDINGS OF THE YEAR 2003 69 VOTE: Passed 8-0. RESOLUTION NO. 195 Motion by Bingell, Second by Young. RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two (2) Resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 196 Motion by Bingell, Second by Larison. RE: AUTHORIZE APPLICATION FOR 2003-2004 CRIME VICTIMS BOARD GRANT THROUGH NEW YORK STATE CRIME VICTIMS BOARD – DISTRICT ATTORNEY WHEREAS, the New York State Crime Victims Board has solicited a request for proposal in the form of a grant application and they have done so in an effort to spread funding throughout the State of New York to render high quality, direct, and personal assistance and services to crime victims, and WHEREAS, various Schuyler County Departments, Agencies, and Not-for-Profit Organizations have heretofore rendered such services and continue to do so, but their services are not well organized nor uniformly offered, and WHEREAS, the Schuyler County District Attorney’s Office has contact with virtually every crime victim in Schuyler County, and interacts with victims throughout the prosecution of the defendants who perpetrated the crimes against them, and WHEREAS, gaps presently exist in the delivery of victims services and the objective of the crime victims board is to centralize information and coordinate delivery of resources to victims, which is a job that most logically belongs under the purview of the District Attorney’s Office, and WHEREAS, in keeping with the responsibilities and obligations of the Office, the District Attorney of Schuyler County believes it to be in the best interests of all citizens of the County that the Office apply for money to provide a victims services coordinator and work with the Crime Victims Board to ensure delivery of victims services to all who need them. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney to submit an application to the New York State Crime Victims Board in the form of a grant or request for proposal to provide funding for office space, equipment, and human resources to staff and maintain a victims services coordinator office that will work to ensure cooperation and coordinate between and among the Schuyler County District Attorney’s Office, the Schuyler County Probation Department, the Schuyler County Mental Health Clinic, Finger Lakes Addictions Counseling and Referral Agency of Schuyler County, the Schuyler County Department of Social Services, the Schuyler County Sheriff’s Department, the New York State Police, the Watkins Glen Police Department, Rape Crisis of the Southern Tier, Catholic Charities of Schuyler County, and such other groups or departments as may have reason to interact with victims and/or witnesses of crimes, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District Attorney be hereby authorized to apply for up to $25,000 in total project funds of which 25% must be matching funds from the County of Schuyler, and sign any necessary documents for the application, including but not limited to collaboration agreements with existing governmental and not-for-profit service organizations; said documents subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Directors of the Schuyler County Probation Department, the Schuyler County Mental Health Department, the Schuyler County Department of Social Services and the Schuyler County Sheriff’s Department are hereby authorized to sign any necessary documents for the application including but not limited to collaboration agreements with the Schuyler County District Attorney’s Office; said documents subject to approval of the Schuyler County Attorney. DISCUSSION: Legislator Larison advised that John Hayes, Assistant District Attorney, was present to answer any questions regarding this grant. Legislator Young asked about the twenty-five percent match. Attorney Hayes explained that the match can include fringe benefits and in-kind services, such as rent. He hopes the state can maintain the promised funding for the next three years because they are able to expand services to the community. VOTE: Passed 8-0. 70 SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 197 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE GRANT APLICATION FOR TRIANGLE FUND GRANT – YOUTH BUREAU WHEREAS, The Youth Bureau in collaboration with the Odessa Montour Central School District and Schuyler County Mental Health School Outreach have developed and implemented the Summer Outreach program for “at-risk” youth, and WHEREAS, the grant, which will provide between $5,000 and $15,000 in funding, would provide the Odessa Montour School District and the Mental Health Summer Outreach staff to continue to offer this program to students in the Odessa Montour School District who are at-risk, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for the Triangle Grant funding and any subsequent contracts; subject to review of the Schuyler County Attorney. VOTE: Passed 8-0. NEW BUSINESS: Legislator Bleiler suggested a committee be appointed to coordinate celebrating 150 years for Schuyler County. He recommended the County Historian be appointed as a member. MOTION by Legislator Bleiler to have the Chairman of the Legislature appoint a committee to coordinate the celebration of 150 years of Schuyler County, SECOND by Bingell. Motion carried eight ayes to zero noes. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Young reported on the Community Development and Natural Resources Committee. She reminded everyone about the League of Women Voter’s luncheon, Wednesday, May 16, 2003 at Logan Ridge to discuss Environmental Land & Water Problems. She went over other calendar of events for the legislators. Legislator Larison reported on the Public Safety/Criminal Justice Committee. He commended the Sheriff’s Department for finding the victims in Waneta Lake last week. He also reported that applications for the Emergency Management Coordinator are in and interviews will start next week so that at the next session they can appoint someone. Legislator Bingell reported on the Public Works Committee. The county has been awarded a $50,000 grant for the Burdett Bridge. The Central Garage has three new vehicles and expects to purchase three more. PUBLIC PARTICIPATION: None. The Meeting adjourned at 8:20 p.m. Barbara Klemann, Confidential Secretary to the County Attorney
SPECIAL MEETING MAY 2, 2003
The May 2, 2003 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 Young and followed by a Moment of Silence. All Legislators were present, except Legislators Bleiler and Yuhasz who were excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 198 Motion by Bingell, Second by Karius. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Acting Deputy 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 APPOINTMENT AND SET SALARY- EMERGENCY MANAGEMENT PROCEEDINGS OF THE YEAR 2003 71 COORDINATOR 2. AUTHORIZE CREATION AND FILLING OF TEMPORARY CIVIL SERVICE CLERK POSITION VOTE: Passed 6-0. RESOLUTION NO. 199 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPOINTMENT AND SET SALARY – EMERGENCY MANAGEMENT COORDINATOR WHEREAS, the position of Emergency Management Coordinator has been vacant since December 26, 2002, and WHEREAS, Resolution No. 88-03 appointed a temporary Coordinator and authorized advertisement to fill said position, and WHEREAS, the Public Safety/Criminal Justice Committee has interviewed qualified candidates for said position and makes the following recommendation. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoint William L. Kennedy as Emergency Management Coordinator effective May 19, 2003 in Grade Level F of the Management/Confidential Salary Plan, at an annual salary of $40,000. DISCUSSION: Legislator Young thanked Rick Churches for his background work in such a timely manner. She also thanked William Yessman, Greg Mathews, Jason Kelly and Pat Emery for their assistance with the interviewing process. VOTE: Passed 6-0. RESOLUTION NO. 200 Motion by Bingell, Second by Slusser. RE: AUTHORIZE CREATION AND FILLING OF TEMPORARY CIVIL SERVICE CLERK POSITION WHEREAS, Rose Salbego, Civil Service Clerk, is on indefinite medical leave beginning April 27, 2003, and WHEREAS, help is needed to complete the necessary functions of the Civil Service office. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorize the creation and filling of a temporary full-time or part-time Civil Service Clerk position in the Civil Service Office, at an hourly rate of $12.66 per hour, effective immediately until the return of Rose Salbego from medical leave, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the necessary funds from Contingency account no. 1990.500 to Civil Service account no. 1431.100 to cover this temporary appointment. DISCUSSION: Helen Thingvoll, Personnel Officer, said it is possible there is someone on the list for Civil Service Clerk that lives here in Schuyler County. She would be willing to work full or part-time. Legislator Young asked if they have to do a background check for this position. Helen said no. VOTE: Passed 6-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:07 a.m. Darlene M. Wetzel, Acting Deputy Clerk
REGULAR MEETING MAY 12, 2003
The May 12, 2003 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. WITHDRAWN RE: AUTHORIZE APPOINTMENT OF PRIVACY AND COMPLAINT OFFICERS – PUBLIC HEALTH AND MENTAL HEALTH - WITHDRAWN 72 SCHUYLER COUNTY LEGISLATURE WHEREAS, the County is responsible for the oversight of individually identifiable information obtained in the provision of health care services to county residents, and WHEREAS, the individually identifiable information is as described in 45 CFR Parts 160 and 164 of the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and WHEREAS the County policy is to comply strictly with the letter and spirit of all laws and ethical standards applicable to the business of the county, and WHEREAS, the County shall reasonably assist employees and contracted agents, deemed members of the workforce of the County to attain and maintain compliance in accordance with County policy, and WHEREAS, the County’s policy is to designate a Privacy Official and a privacy designee for each department covered by HIPAA, and WHEREAS, the Privacy Official and designee shall report directly to the Department Head, who shall have independent authority to seek advice of legal counsel regarding HIPAA compliance-related issues on an as needed basis. NOW, THEREFORE, BE IT RESOLVED, that all complaints concerning the unintentional or intentional use or disclosure of protected health information be documented and reports investigated by the Privacy Official and the findings documented and retained in accordance with appropriate regulations, and BE IT FUTHER RESOLVED, that Marcia Kasprzyk and M. Shawn Rosno be the Privacy Officials for Public Health and Mental Health departments, respectively. RESOLUTION NO. 201 Motion by Larison, Second by Bingell. RE: AUTHORIZE OUT OF COUNTRY TRAVEL – MENTAL HEALTH WHEREAS, the Third Biennial Niagara Conference on Evidence-Based Treatments for Childhood and Adolescent Mental Health, through the University of Buffalo, will be held in Niagara-On-The-Lake in Ontario, Canada from July 24 through July 26, 2003, and WHEREAS, it is desirable for the Director of Public Health/Community Services to attend this conference, and out of state or country travel requires legislative approval. NOW, THEREFORE, BE IT RESOLVED, that George Roets, Director of Public Health/Community Services, be hereby authorized to travel out of country to attend the aforementioned conference, at a cost not to exceed $800.00, depending on the exchange rate, funding available in account no. 4310.440. VOTE: Passed 8-0. RESOLUTION NO. 202 Motion by Larison, Second by Bingell. RE: AUTHORIZE FILLING OF STAFF SOCIAL WORKER POSITION – MENTAL HEALTH WHEREAS, the Schuyler County Mental Health Clinic has a vacant Staff Social Worker position, which has not been filled in over 90 days, which requires legislative approval to fill. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of Public Health/Community Services to fill the Staff Social Worker position, Grade 28, $18.83, in the Mental Health Clinic, effective immediately; funding is available in the year 2003 budget account no. 4310.100. VOTE: Passed 8-0. RESOLUTION NO. 203 Motion by Larison, Second by Bingell. RE: SUPPORT THE AMENDMENT OF NEW YORK MENTAL HYGIENE LAW SUBSECTION 43.03 (c) – MENTAL HEALTH WHEREAS, the New York Mental Hygiene Law, Section 43.03(c) mandates a county cost for persons receiving services, pursuant to a court order, at a state-operated inpatient facility for indefinite/extended periods of time, and WHEREAS, counties are mandated to incur the cost of court ordered chargebacks which are haphazard, disproportionate and which cannot be forecasted or planned for, and WHEREAS, Schuyler County has incurred substantial expenses related to court-ordered placement of individuals from Schuyler County courts, and WHEREAS, New York Mental Hygiene Law Section 43.03(c) is outdated and inconsistent with other provisions of law, policies and practices which have been consistently enacted and established by the State Legislature,and PROCEEDINGS OF THE YEAR 2003 73 WHEREAS, legislation to amend the current statute to limit such county chargebacks to thirty days would mitigate this unfair, unfounded mandate and ease an unwarranted fiscal burden placed upon counties, and WHEREAS, Schuyler County recommends action to seek financial relief. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the State Legislative delegation to support and urge the amendment of section New York Mental Hygiene Law 43.03(c), and BE IT FURTHER RESOLVED, that copies of this resolution be sent to Honorable George Winner of the State Assembly, Honorable John R. Kuhl, Jr. of the State Senate, Commissioner James L. Stone, Commissioner Thomas Maul, the NYS Association of Counties, the NYS Conference of Local Mental Hygiene Directors and the Director/Commissioner of Community Services, the New York State Association of Counties and Inter-County Association of Western New York. VOTE: Passed 8-0. RESOLUTION NO. 204 Motion by Larison, Second by Bingell. RE: RECOGNIZE MAY 11 – 17, 2003 AS NATIONAL WOMEN’S HEALTH WEEK – PUBLIC HEALTH WHEREAS, National Women’s Health Week is a national effort to raise awareness about manageable steps women can take to improve their health, and WHEREAS, the focus is on the importance of incorporating simple preventative and positive health behaviors into everyday life, and WHEREAS, women need to be informed and take responsible actions to improve their own health. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes May 11 – 17, 2003 as National Women’s Health Week and encourages women to take steps to improve their health through education, screening and counseling about key health issues including heart disease, cancer, stroke and diabetes. VOTE: Passed 8-0. RESOLUTION NO. 205 Motion by Larison, Second by Bingell. RE: RECOGNIZE JUNE 9 – 15, 2003 AS NATIONAL MEN’S HEALTH WEEK – PUBLIC HEALTH WHEREAS, lack of awareness, poor health education and culturally induced behavior patterns in the work and personal lives of men continue to contribute to the growing crisis in men’s health, and WHEREAS, health screenings for prostate cancer, blood pressure, cholesterol, diabetes and body fat should be done on an annual basis, are simple and pain-free and can save lives, and WHEREAS, the purpose of Men’s Health Week is to heighten the awareness of preventable health problems. NOW, THEREFORE, BE IT RESOLVED, that the Legislature recognizes June 9 – 15, 2003 as National Men’s Health Week and encourages early detection and treatment of disease among men and boys. VOTE: Passed 8-0. RESOLUTION NO. 206 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH FAMILY SERVICES OF CHEMUNG COUNTY, INC. FOR CRISIS SERVICES AND AMEND 2003 BUDGET - MENTAL HEALTH WHEREAS, crisis services were obtained through contract services which are no longer available, and WHEREAS, authorization to contract for crisis services at a cost of $6,000 was previously granted and that is the 2003 budgeted amount, and WHEREAS, there is an increased need for crisis services, and WHEREAS, additional funding is available from the Office of Mental Health to provide enhanced crisis services at no additional cost to the County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Family Services of Chemung County Inc., renewable annually, to provide crisis services from January 1, 2003 through December 31, 2003 in an amount not to exceed $10,000 subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to amend the 2003 County budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$4,000 4310-435 Professional Fees & Services 74 SCHUYLER COUNTY LEGISLATURE +$4,000 4310-3490 State Aid VOTE: Passed 8-0. RESOLUTION NO. 207 Motion by Bingell, Second by Yuhasz. RE: AMEND AGREEMENT WITH FLACRA AND AMEND 2003 BUDGET – MENTAL HEALTH WHEREAS, additional COLA funding has been approved by the New York State Office of Alcoholism and Substance Abuse Services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the agreement with Finger Lakes Addictions and Referral Agency for alcoholism treatment services in an additional amount of $3,312, subject to approval by the County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to amend the 2003 County budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$3,312 4322.336 FLACRA +$3,312 4322-3490 State Aid-Mental Health VOTE: Passed 8-0. RESOLUTION NO. 208 Motion by Bingell, Second by Yuhasz. RE: AMEND AGREEMENT WITH COUNCIL ON ALCOHOLISM & OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES, INC. AND AMEND 2003 BUDGET – MENTAL HEALTH WHEREAS, additional COLA funding has been approved by the New York State Office of Alcoholism and Substance Abuse Services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the agreement with the Council on Alcoholism & Other Chemical Dependencies of the Finger Lakes, Inc for alcoholism prevention services in an additional amount of $4,863 subject to approval by the County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to amend the 2003 County budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$4,863 4322.550 Council on Alcoholism +$4,863 4322-3490 State Aid-Mental Health VOTE: Passed 8-0. RESOLUTION NO. 209 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH CYNTHIA TERRY, MD AS MEDICAL DIRECTOR – PUBLIC HEALTH WHEREAS, the Schuyler County Home Health Department requires a Medical Director, and WHEREAS, Cynthia Terry, MD, has agreed to become the Medical Director to advise the Director of Public Health on medical issues and provide medical consultation, and WHEREAS, the Medical Director works with the Public Health and Home Health staff to expand medical services to meet local health needs, and WHEREAS, the Medical Director also assists in diagnosing the health needs of the community as a basis for planning health services, and WHEREAS, the Medical Director services as medical consultant to the local Professional Advisory Committee, works to inform and develop the support of the local medical personnel and provide technical direction to program staff, and WHEREAS, this Memorandum of Understanding shall be effective from January 1, 2003 through December 31, 2003, renewable annually. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Cynthia Terry, MD for the provision of medical director services at the rate of $60.00 per hour, in an amount not to exceed $3,000 for the calendar year, to be renewed annually, funding being available in the 2003 budget account no. 4010.435, subject to the approval of the Schuyler County Attorney. PROCEEDINGS OF THE YEAR 2003 75 VOTE: Passed 8-0. RESOLUTION NO. 210 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 the following individuals to the Schuyler County Youth Board for the terms as set forth below: James B. Landon January 1, 2003 – December 31, 2005 David Hyer January 1, 2003 – December 31, 2005 VOTE: Passed 8-0. RESOLUTION NO. 211 Motion by Larison, Second by Bleiler. RE: AUTHORIZE YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the strict income criteria of the Workforce Investment Act Employment Program, and WHEREAS, the Schuyler County Youth Bureau, in collaboration with the Watkins Glen International Raceway, are desirous of integrating a temporary seasonal program for the above mentioned youth, and WHEREAS, $5,000 of existing YDDP money will be allocated for supervision and transportation costs, and WHEREAS, the program will employ approximately 40 youth with the wages for the youth to be reimbursed by Watkins Glen International Raceway. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to implement the above mentioned employment program from June 1, 2003 through September 15, 2003 for youth ages 14 – 21 and 1 temporary supervisor, if needed. VOTE: Passed 8-0. RESOLUTION NO. 212 Motion by Larison, Second by Bleiler. RE: AUTHORIZE AGREEMENT FOR TANF SERVICES PLAN – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services has 100% reimbursed funds available for the TANF Service Plan allocation, and WHEREAS, the funds must be used by June 30, 2003, and WHEREAS, the Finger Lakes Addiction Counseling and Referral Agency (FLACRA) has provided a case manager to the Department at no cost to the County for the purpose of working with TANF families who have substance abuse problems, and WHEREAS, the funding for this program will no longer be available to FLACRA after April 30, 2003, and WHEREAS, the services provided by this case manager have been invaluable in assisting families maintain cohesiveness, which has been instrumental in keeping children out of foster care. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to execute a contract with FLACRA for the Department of Social Services in the amount of $6,700 for the term May 1, 2003 through June 30, 2003, funding available in the Social Services 2003 budget account no. 6010.552, pending approval of New York State to modify the existing TANF Services Plan to cover this change; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 213 Motion by Bingell, Second by Young. RE: AUTHORIZE TRANSFER OF FUNDS TO PAY JUVENILE DELINQUENCY EXPENSES - SOCIAL SERVICES WHEREAS, the Department of Social Services has had more Juvenile Delinquency expenses in 2003 that originally anticipated and expects to exceed its 2003 budget, and WHEREAS, funds are available in the department’s 2003 State Training School and Safety Net account to cover any shortfall. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following transfers within the Department of Social Services 2003 Budget: 76 SCHUYLER COUNTY LEGISLATURE Appropriations: + $40,000 6123.400 Juvenile Delinquency - $15,000 6129.400 State Training Schools - $25,000 6140.400 Safety Net Revenue: + $12,500 6123-3623 State Aid – Juvenile Delinquency - $12,500 6140-3640 State Aid – Safety Net VOTE: Passed 8-0. RESOLUTION NO. 214 Motion by Bingell, Second by Young. RE: CLARIFICATION ON SECOND RAILROAD CROSSING INTO SENECA HARBOR PARK WHEREAS, Schuyler County has received a grant for Seneca Harbor Park, and WHEREAS, final design and bid documents need to be completed in order to go to bid for a September project start date, and WHEREAS, there is an outstanding question of whether or not a second railroad crossing into the park at the end of Lincoln Way should be allowed. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby set forth its decision that the Decatur Street entrance to Seneca Harbor Park is adequate and that a second railroad crossing at Lincoln Way is not necessary or desirable. VOTE: Passed 5-3. Noes: Yuhasz, Slusser, Gifford. RESOLUTION NO. 215 Motion by Bingell, Second by Young. RE: AUTHORIZE CREATION AND FILLING OF ONE (1) SEASONAL LABORER POSITION AND FILLING OF THE TWO (2) SEASONAL LABORER AND ONE (1) MOTOR EQUIPMENT OPERATOR POSITIONS - HIGHWAY WHEREAS, the Highway Superintendent and the Public Works Committee have decided it would be beneficial to hire one (1) seasonal Motor Equipment Operator and three (3) seasonal Laborers to help with the summer road maintenance, and WHEREAS, there are currently two (2) motor equipment operator and two (2) seasonal laborer positions approved, and WHEREAS, the funding for these positions is available in the 2003 Personal Services Account. NOW, THEREFORE, BE IT RESOLVED that the Highway Superintendent be hereby authorized to create and fill one (1) seasonal laborer position and fill the two (2) seasonal Laborer positions and one (1) motor equipment operator position at the rate of $ 7.00 per hour for not more than a four (4) month period. VOTE: Passed 8-0. RESOLUTION NO. 216 Motion by Bingell, Second by Young. RE: AUTHORIZE AGREEMENTS FOR JOINT MUNICIPAL GRAVEL PIT - HIGHWAY WHEREAS, the Highway Superintendent and the Public Works Committee have agreed that there is a need for an agreement between the County of Schuyler and the land owner regarding the thirty-seven (37) acre gravel/sand mine on State Route 228, the Carl States property, and WHEREAS, each municipality has an existing inter-municipal agreement with the County of Schuyler, all will be required to have an individual agreement with the owner of the gravel pit, and WHEREAS, said agreement is an in-kind arrangement and the cost of the gravel will be set by bid price annually. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents pertaining to the permits necessary from the NYSDEC and an agreement between the County of Schuyler and Carl States as the landowner for use of the gravel/sand mine on said property, subject to the approval of the County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 217 Motion by Bingell, Second by Young. RE: AUTHORIZE AGREEMENT WITH THE KROG CORPORATION – SENECA HARBOR PARK PROCEEDINGS OF THE YEAR 2003 77 WHEREAS, there is a small triangular parcel of Seneca Harbor Park located south of the railroad right- of-way and contiguous to the proposed hotel development by Krog Corp., and WHEREAS, the Krog Corp. is donating the development of green space and parking on the county parcel, and WHEREAS, NYS Office of Parks, Recreation and Historic Preservation, by way of letter dated April 1, 2003, has approved this donation with certain guidelines. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an agreement with Krog Corp. as set forth above, subject to approval of the County Attorney, and BE IT FURTHER RESOLVED, that said agreement along with NYS Office of Parks, Recreation and Historic Preservation letters be filed in the County Clerk’s Office to be made part of the parks permanent history. VOTE: Passed 8-0. RESOLUTION NO. 218A Motion by Bingell, Second by Young. RE: MOTION TO AMEND RESOLUTION NO. 218 BE IT RESOLVED, that Resolution No. 218 be amended to change the salary from $30,000 to $40,193. DISCUSSION: Legislators Bingell and Young feel it is not fair to have such a low salary for this position. The Office of Treasurer is important and to decrease the salary is a strange message to the people. If it is as important as we know it is with the budget and all, we must go to all political parties and bring forth the best candidate we can find. VOTE: Passed 8-0. RESOLUTION NO. 218 Motion by Bingell, Second by Young. RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. __ OF THE YEAR 2003 SETTING THE SALARY FOR THE POSITION OF COUNTY TREASURER – AS AMENDED WHEREAS, County Law permits and requires the Legislature to set the salaries of all officials paid from County funds. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3/ Local Law No. __ of the year 2003 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on June 9, 2003 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. ___ OF THE YEAR 2003 A Local Law Setting the Salary for the Position of Treasurer for the fiscal years 2004, 2005, 2006 and 2007. Section 1. LEGISLATIVE INTENT This Local Law in enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salary of the position of Treasurer for the fiscal years 2004, 2005, 2006 and 2007. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal year 2004 the annual salary for the Treasurer is hereby established, to wit: TITLE 2004 SALARY County Treasurer $40,193 Effective with the first County payroll for fiscal years 2005, 2006 and 2007 the annual salary of the following official 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. VOTE: Passed 8-0. RESOLUTION NO. 219 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT WITH EBS BENEFIT SOLUTIONS – HUMAN RESOURCES WHEREAS, the County provides a flexible spending plan to its employees as required by union contract, and 78 SCHUYLER COUNTY LEGISLATURE WHEREAS, there have been several changes to laws and regulations applicable to Section 125 Cafeteria Plans which require modifications to our Section 125 Plan Document and Summary Plan Description (SPD), and WHEREAS, it is the recommendation of Human Resources that the County comply with this update and that EBS Benefit Solutions provide that service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with EBS Benefit Solutions, Inc. for the necessary Plan Document and Summary Plan Description Revision Services of : Revise Plan Document governing the operation of the Plan Revise Summary Plan Description describing benefits offered employees under the plan Record of Plan Adoption For a one time revision fee of $200.00, funding available in Human Resources Account No 1430.435, contract subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 220 Motion by Larison, Second by Bingell. RE: SET THRESHOLDS AND USEFUL LIVES FOR CAPITAL ASSETS FOR GASB 34 WHEREAS, the Legislature needs to set thresholds and useful lives for capital assets for GASB 34, and WHEREAS, the department heads directly involved in compiling the information for the GASB 34 requirements have met and make the following recommendations: 1. The capitalization threshold for land, buildings, and building improvements will be $10,000. 2. The capitalization threshold for roads and bridges will be $10,000. 3. A 10% salvage value will be used for all buildings. 4. Useful lives for infrastructure will be: Roads – 10 Years Bridges – 50 Years 5. Useful lives for buildings will be as follows: Brick and cement structures – 50 Years Steel structures – 30 Years Wood structures – 20 Years Building improvements – will depend upon the nature of the project. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts the above recommendations for thresholds and useful lives for capital assets. VOTE: Passed 8-0. RESOLUTION NO. 221 Motion by Larison, Second by Bingell. RE: RESOLUTION TO DECLARE EQUIPMENT SURPLUS – REAL PROPERTY TAX SERVICE WHEREAS, the Real Property Tax Service annually microfilms the Schuyler County tax map sets, and no longer has use for the 2000 tax map set. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that this County Legislature hereby declare as surplus the 2000 Tax Map Set from the Real Property Tax Office and authorize the Real Property Tax Office to dispose of the same with a minimum bid per set of $200. VOTE: Passed 8-0. RESOLUTION NO. 222 Motion by Karius, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH IRON MOUNTAIN/NATIONAL UNDERGROUND STORAGE – COUNTY CLERK WHEREAS, the County Clerk’s contract with Iron Mountain/National Underground Storage is due to expire May 31, 2003 and has always been a one year agreement, and WHEREAS, the County Clerk’s Office wishes to renew this agreement for a three-year commitment, this change requiring legislative approval. PROCEEDINGS OF THE YEAR 2003 79 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Iron Mountain/Nation Underground Storage for storing microfilm at the annual rate of $761.20 for the term June 1, 2003 through May 31, 2006, funding available in the County Clerk’s 2003 budget; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 223 Motion by Karius, Second by Bingell. RE: AUTHORIZE CONTRACT WITH STREMS TO HOUSE MCI TRAILER – EMERGENCY MANAGEMENT WHEREAS, the Southern Tier Regional EMS Inc. (STREMS) has seen fit to procure a Wells Cargo 10 foot single axle trailer and an inventory of equipment suitable for use at a mass casualty incident, and WHEREAS, both STREMS and the County of Schuyler agree that it is in the best interests of the citizens of the County to have immediate access to emergency medical equipment in the event of a mass casualty incident, and WHEREAS, STREMS is willing to issue such equipment to the County of Schuyler and the County is willing to accept such equipment subject to the terms and conditions of the agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the Mass Casualty Trailer agreement; subject to the approval of the County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 224 Motion by Karius, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH FINGER LAKES NATIONAL FOREST FOR FIRE SUPPRESSION – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Office of Emergency Management under the Mutual Aid Plan of the County Fire Departments agrees, when called upon by the Forest Service, to provide prompt fire suppression action on all forest fires on the Hector Ranger District, and WHEREAS, the Forest Service will pay $600 a call to be divided amongst all fire departments who respond to the call. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to enter into an agreement with the National Forest Service setting forth the above terms for the period May 30, 2003 until May 30, 2009, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 225 Motion by Larison, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION WITH STATE EMERGENCY MANAGEMENT AGENCY UNDER THE NEW YORK STATE EMERGENCY RESPONSE COMMISSION – EMERGENCY MANAGEMENT WHEREAS, planning grant money is now available to LEPC’s for year ten of the Hazardous Material Emergency Preparedness Program, to improve and implement emergency plans under the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA), and WHEREAS, each viable LEPC in New York State can apply for up to $1,500. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the New York State Emergency Response Commission (SERC) grant with the State Emergency Management Office; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 226A Motion by Bleiler, Second by Karius. RE: MOTION TO AMEND RESOLUTION NO. 226 BE IT RESOLVED, that Resolution No. 226 be amended to add the phrase “and available FEMA Grant funds” to the end of the Resolution. VOTE: Passed 8-0. RESOLUTION NO. 226 Motion by Larison, Second by Bingell. 80 SCHUYLER COUNTY LEGISLATURE RE: AUTHORIZE CONTRACT FOR GRANT ADMINISTRATION FOR ALL HAZARDS GRANT – EMERGENCY MANAGEMENT – AS AMENDED WHEREAS, the Office of Emergency Management has been awarded $28,666.00 by the Federal Emergency Management Agency (FEMA), it may be necessary for the Emergency Management Coordinator to hire Contractors to work on this Grant, and WHEREAS, the funds from the Grant will pay for the Contractors and are available in account no. 3689.100-3681. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to Emergency Management hiring said Contractors; subject to approval of the County Attorney and available FEMA Grant funds. VOTE: Passed 8-0. RESOLUTION NO. 227A Motion by Bleiler, Second by Young. RE: MOTION TO TABLE RESOLUTION NO. 227 BE IT RESOLVED, that Resolution No. 227 be tabled so that the Treasurer can conduct further research. DISCUSSION: Legislator Bleiler asked if there was sufficient funding for paying two salaries at this time. The Treasurer left the room and then returned and reported the funding left in the Emergency Management budget and said she feels there is enough money unless there is a need to outsource help to administer grants. VOTE: Passed 8-0. MOTION by Bleiler, SECOND by Young to bring Resolution No. 227 off the table. Motion carried eight ayes to zero noes. RESOLUTION NO. 227 Motion by Larison, Second by Bingell. RE: AUTHORIZE CREATION OF TEMPORARY EMERGENCY MANAGEMENT COORDINATOR POSITION WHEREAS, the Legislature has appointed a permanent Emergency Management Coordinator to begin work on Monday, May 19, 2003, and WHEREAS, Richard Churches’ temporary appointment will end on May 28, 2003, and WHEREAS, Civil Service Rules make it impossible for two individuals to occupy the same title, yet it is desirable to have the newly appointed Emergency Management Coordinator work with Richard Churches for two weeks. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the creation of a temporary Emergency Management Coordinator position for the period of May 19, 2003 through May 28, 2003, and appoint Richard Churches to this temporary position at the current salary and grade. VOTE: Passed 8-0. RESOLUTION NO. 228 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT WITH HEALTH CARE COMPLIANCE ENTERPRISE, LLC FOR AN INITIAL HIPAA ASSESSMENT WHEREAS, the 1996 Health Insurance Portability and Accountability Act (HIPAA) was enacted setting forth complex and lengthy regulations for health insurance reform, and WHEREAS, many County Departments may be covered entities, and WHEREAS, in the event that some Departments are a covered entity, without adequate HIPAA procedures in place there are substantial penalties for non-compliance, and WHEREAS, an evaluation of the Department’s policies, procedures, and regulations needs to be done by an expert in the field due to the lack of expertise within the Departments, and WHEREAS, Health Care Compliance Enterprise, LLC has the expertise to provide a comprehensive evaluation of the Departments to determine applicability of HIPAA, and WHEREAS, Health Care Compliance Enterprise, LLC will compile a report summarizing the recommendations for determining whether certain County Departments are either health care components or non-components, which will determine whether the Departments as a whole are a covered entity under HIPAA or not. PROCEEDINGS OF THE YEAR 2003 81 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract for the HIPAA assessment in the amount of $125 an hour, not to exceed $10,000 with Health Care Compliance Enterprise, LLC for the term May 13, 2003 through May 12, 2004; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, some funds are available in the Social Services Department’s 2003 budget for this HIPAA evaluation and the remainder of the balance will be taken from Contingency at a later date once it is determined what Departments will have to comply. VOTE: Passed 8-0. RESOLUTION NO. 229 Motion by Bingell, Second by Yuhasz. RE: MOTION TO BRING THREE (3) EMERGENCY RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that three (3) Resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 230 Motion by Larison, Second by Bleiler. RE: AUTHORIZE ADVERTISING FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM 7/1/03 - 6/30/2004 PUBLIC HEALTH WHEREAS, Schuyler County must provide transportation to preschool children with disabilities NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Public Health Office is authorized to advertise for bids for the transportation of preschool children with disabilities from July 1, 2003 through June 30, 2004, 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, Watkins Glen, NY 14891, no later than 5:00 p.m. on Friday, May 30, 2003. The bids will be opened at the Legislative Office on Monday, June 2, 2003 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 9, 2003 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids. VOTE: Passed 8-0. RESOLUTION NO. 231 Motion by Larison, Second by Bleiler. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.3327 AND ASSEMBLY BILL A.7185 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.3327 and Assembly Bill A.7185 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 John R. Kuhl, Jr., New York State Assemblyman George H. Winner, Jr. and to the Majority and Minority Leaders of the New York State Assembly and Senate. VOTE: Passed 8-0. RESOLUTION NO. 232 Motion by Larison, Second by Bleiler. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.3413 AND ASSEMBLY BILL A.7348 AUTHORIZING AN ADDITIONAL 2% ROOM 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.3413 and Assembly Bill A.7348 to adopt special legislation, an act to amend the tax law, in relation to the tax law on room tax to be imposed in the County of Schuyler, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator John R. Kuhl, Jr., New York State Assemblyman George H. Winner, Jr. and to the Majority and Minority Leaders of the New York State Assembly and Senate. VOTE: Passed 8-0. 82 SCHUYLER COUNTY LEGISLATURE MOTION by Legislator Larison to bring Resolution No. 167 tabled at the April 14, 2003 Regular Meeting off the table for consideration, SECOND by Legislator Bingell. Motion carried seven ayes to one no. No: Gifford. RESOLUTION NO. 167A Motion by Bingell, Second by Slusser. RE: MOTION TO RE-TABLE RESOLUTION NO. 167 - FAILED BE IT RESOLVED, that Resolution No. 167 be re-tabled for further discussion in committee. DISCUSSION: Legislator Bingell made a motion to amend the Resolution as suggested by the Deputy Clerk in bold, Second by Larison. Legislator Bleiler said he cannot accept this. Attorney Coleman said the previous question that was asked was how can it be any volunteers without restriction, is anyone covered? He tried to explain that this is restricting the category of volunteers. The Deputy Clerk also tried to explain how it has been amended. She stated that the insurance company has advised our Human Resources Department that it has to be all volunteers or none at all. They County cannot pick and choose volunteers. Attorney Coleman suggested having the insurance company send in what they summarized to Human Services and discuss it in committee again. Motion made by Legislator Bingell to table for more research, Second by Legislator Slusser. Legislator Bleiler said tabling the whole thing might not be proper. He will defer or suggest that they defeat this table motion and say they can only cover fire investigators. The Deputy Clerk advised the legislators that they can not do that. Attorney Coleman suggested informing the fire investigators that they are covered. He if you want to rely on the State Insurance Fund, it has to include all persons eligible for volunteers their class or definition. The Deputy Clerk explained they the volunteers are covered by law now, this simply saves the county money by adding them to our policy. Attorney Coleman explained the Worker’s Compensation Law. Legislator Yuhasz said it would behoove them to go with the umbrella policy. The Deputy Clerk explained how the claims would be reported and handled by the Human Resources Department. There was much discussion and explanation. VOTE: Failed 4-4. Noes: Karius, Larison, Bingell, Yuhasz. RESOLUTION NO. 167B Motion by Bleiler, Second by Bingell. RE: MOTION TO AMEND RESOLUTION NO. 167 BE IT RESOLVED, that Resolution No. 167 be amended to read as follows with the additional wording in bold: WHEREAS, the county’s present Worker’s Compensation insurance carrier and safety group recommend that Schuyler County add an endorsement to their policy covering volunteers (i.e. Volunteer Fire Investigators and Deputy Fire Coordinators), and WHEREAS, the Human Resources Department and Management and Finance Committee concur with this recommendation, and WHEREAS, all volunteer claims will be acted upon through the Human Resources Department in accordance with the New York State Worker’s Compensation Laws, and WHEREAS, it is understood that said volunteers require being designated or authorized by Resolution of this Legislature or within statutory authority of a department or agency and otherwise qualifying under the New York State Worker’s Compensation Law. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize all volunteers for Schuyler County purposes be included in the existing Worker’s Compensation policy #899747-0, and BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to the State Insurance Fund, Lovell Safety Management Group and E.C. Cooper, Inc, and VOTE: Passed 8-0. RESOLUTION NO. 167 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE VOLUNTEER ENDORSEMENT FOR WORKER’S COMPENSATION POLICY – AS AMENDED WHEREAS, the county’s present Worker’s Compensation insurance carrier and safety group recommend that Schuyler County add an endorsement to their policy covering volunteers (i.e. Volunteer Fire Investigators and Deputy Fire Coordinators), and PROCEEDINGS OF THE YEAR 2003 83 WHEREAS, the Human Resources Department and Management and Finance Committee concur with this recommendation, and WHEREAS, all volunteer claims will be acted upon through the Human Resources Department in accordance with the New York State Worker’s Compensation Laws, and WHEREAS, it is understood that said volunteers require being designated or authorized by Resolution of this Legislature or within statutory authority of a department or agency and otherwise qualifying under the New York State Worker’s Compensation Law. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize all volunteers for Schuyler County purposes be included in the existing Worker’s Compensation policy #899747-0, and BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to the State Insurance Fund, Lovell Safety Management Group and E.C. Cooper, Inc, and VOTE: Passed 8-0. NEW BUSINESS: Legislator Slusser asked about the mortgage tax increase. Attorney Coleman explained that he is working on it and will report more at the next Management and Finance Committee meeting. MOTION by Legislator Slusser to move forward with increasing the mortgage tax from .75% to 1%, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. REPORT ON STANDING COMMITTEES: Legislator Bleiler reported on the Human Services Committee. All counties are worrying about their budget. In our Social Services Department, the fraud investigation department has a total fraud amount of $11,600 realized and some are pending. Also, all counties are working on managed care for Medicaid. There is no savings in the first year, but of 2,100 in Medicaid cases, 1,300 are eligible for Medicaid Management Care. As of April 30, 2003, they have enrolled 27 cases and as of today, 40 cases are enrolled. That means, of those 40 cases, they will not be running to emergency rooms for an issue they do now. The family physician will take more care and preventive care. Legislator Larison reported on the Public Safety/Criminal Justice Committee. The committee has successfully hired a permanent Emergency Management Coordinator, he starts May 19, 2003. The temporary Coordinator, Rick Churches, has done a terrific job. He also reported that he witnessed the first graduate from Drug Court last Thursday. The young lady had two criminal charges against her for driving while intoxicated (DWI) and she kicked the habit and now looks healthier and younger. He feels it is a great savings to our county. They are not in jail, but are productive citizens. Legislator Slusser reported on the Management and Finance Committee. He said they know of some budget projections and they are $400,000 over budget in one department already this year. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:45 p.m. Stacy B. Husted, Deputy Clerk
REGULAR MEETING JUNE 9, 2003
The June 9, 2003 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. CERTIFICATE OF RECOGNITION PRESENTATION TO RICHARD CHURCHES: Legislator Larison said he is proud to know Richard (Rick) and Shirley Churches, and presented Rick with a Certificate of Recognition, which he read aloud. Rick said the county has incredible resources available in their staff as well as volunteer fire fighters, and thanked the Legislature for the Certificate. 84 SCHUYLER COUNTY LEGISLATURE PUBLIC HEARING ON LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 4 OF THE YEAR 2003 SETTING THE SALARY FOR THE POSITION OF COUNTY TREASURER: No participation. RESOLUTION NO. 233 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE NOVEMBER 25, 2002 SPECIAL MEETING, DECEMBER 3, 2002 SPECIAL MEETING, DECEMBER 5, 2002 SPECIAL MEETING, DECEMBER 9, 2002 REGULAR MEETING, DECEMBER 11, PUBLIC HEARING, DECEMBER 11, 2002 SPECIAL MEETING, DECEMBER 19, 2002 SPECIAL MEETING AND DECEMBER 27, 2002 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the November 25, 2002 Special Meeting, December 3, 2002 Special Meeting, December 5, 2002 Special Meeting, December 9, 2002 Regular Meeting, December 11, Public Hearing, December 11, 2002 Special Meeting, December 19, 2002 Special Meeting and December 27, 2002 Year End Meeting of the Schuyler County Legislature be approved. VOTE: Passed 6-0. Abstain: Yuhasz, Slusser. RESOLUTION NO. 234 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT EXTENSION AND APPROPRIATION WITH CORNELL COOPERATIVE EXTENSION FOR RECYCLING EDUCATION AND SOLID WASTE COORDINATION FOR REMAINDER OF 2003 WHEREAS, Resolution No. 45-03, as amended, provides for the extension of the recycling and solid waste education and coordination contract with Cornell Cooperative Extension for the remainder of the fiscal year upon mutual agreement of the Legislature and Cornell Cooperative Extension, and WHEREAS, Schuyler County’s Municipal Recycling Coordination reimbursement grant application to NYS DEC Bureau of Solid Waste is second on the list and expected to be funded this fiscal year. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to extend the Recycling and Solid Waste Education and Coordination contract with Cornell Cooperative Extension through December 31, 2003, contingent upon grant funding, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2003 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$13,222 8750.362 Solid Waste Management +$13,222 8750-3989 State Aid Home & Comm. Serv. VOTE: Passed 8-0. RESOLUTION NO. 235 Motion by Larison, Second by Bingell. RE: AUTHORIZE CHANGE IN MEMBERSHIP OF COUNTY PLANNING COMMISSION MEMBERS DUE TO NEW LEGISLATION WHEREAS, the State Legislature has approved new legislation regarding planning boards, zoning boards of appeal, and county planning commissions, and WHEREAS, quorum requirements were explicitly set at a majority of all members (including ex-officio members), and voting requirements were also clarified to require an affirmative (or negative) vote of all members of the board to approve (or deny) any resolution, and WHEREAS, in Schuyler County the effects of the new legislation are to require the presence of eleven voting members to conduct business, and that requirement is very difficult to meet, and WHEREAS, pursuant to Section 239c of the General Municipal Law, there is no mandatory requirement for ex-officio membership on the Planning Commission, and WHEREAS, it is the recommendation of the Community Development and Natural Resources Committee to reduce the number of members on the Commission by removing all ex-officio appointments. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby removes all ex- officio members, the County Highway Superintendent, the County Treasurer, the Director of the Soil & Water Conservation District, and the County Planning Director (it is understood that the County Planning Director shall act as staff to the County Planning Commission). VOTE: Passed 8-0. PROCEEDINGS OF THE YEAR 2003 85 RESOLUTION NO. 236 Motion by Larison, Second by Bingell. RE: AMEND 2003 COUNTY BUDGET FOR COST OF LIVING ADJUSTMENT (COLA) – MENTAL HEALTH WHEREAS, additional State Aid in the form of COLA funding has been approved by the New York State Office of Mental Health in the amount of $26,883.00. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to amend the 2003 County Budget as follows: ACCOUNT NO. DESCRIPTION AMOUNT 4310.435 Professional Fees & Services +$26,883 4310-3490 State Aid – Mental Health +$26,883 VOTE: Passed 8-0. RESOLUTION NO. 237 Motion by Bingell, Second by Larison. RE: AMEND 2003 BUDGET FOR A SOUTHERN TIER TOBACCO AWARENESS COALITION MINI GRANT – PUBLIC HEALTH WHEREAS, the Southern Tier Tobacco Awareness Coalition has awarded the Public Health Department $194.57 to provide smoking cessation classes in Schuyler County, and WHEREAS, the Public Health Department will provide classes to area businesses as they make plans to comply with the new Clean Indoor Air Act, effective July 24, 2003. NOW, THEREFORE, BE IT RESOLVED, that this Legislature supports the efforts of the Public Health Department in these classes and authorizes the County Treasurer to amend the 2003 Public Health Department budget as follows: ACCOUNT NO. DESCRIPTION AMOUNT 4010.400 Contractual +$194.57 4010-1689 Revenue – Tobacco Awareness +$194.57 VOTE: Passed 8-0. RESOLUTION NO. 238 Motion by Bingell, Second by Larison. RE: AMEND 2003 BUDGET FOR A WORKSITE HEALTHY HEART MINI GRANT – PUBLIC HEALTH WHEREAS, funding has been awarded to the Schuyler County Public Health Department for a Worksite Healthy Heart mini grant in the amount of $1,700.00 to be expended on a program for Schuyler County employees to increase physical activities. NOW, THEREFORE, BE IT RESOLVED, that this Legislature supports the efforts of the Public Health Department in this initiative and authorizes the County Treasurer to amend the 2003 Public Health Department budget, effective immediately, as follows: ACCOUNT NO. DESCRIPITION AMOUNT 4010.100 Personal Services +$ 602.50 4010.429 Supplies +$1,097.50 4010-1689 Revenue Worksite Wellness +$1,700.00 VOTE: Passed 8-0. RESOLUTION NO. 239 Motion by Bingell, Second by Larison. RE: AUTHORIZE AGREEMENT WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT FOR TRANSPORTATION SERVICES AND AMEND 2003 BUDGET – MENTAL HEALTH WHEREAS, transportation services, which were obtained through contract services, are no longer available, and WHEREAS, there is an increased need for transportation support for people attending appointments at the Mental Health Clinic, and WHEREAS, authorization to contract for transportation services at a cost of $10,500 was previously granted and that is the 2003 budgeted amount, and WHEREAS, additional State Aid, not previously budgeted, has been identified to provide enhanced transportation services at no additional cost to the County. 86 SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Watkins Glen Central School District to provide transportation services to the Mental Health Clinic from July 1, 2003 through June 30, 2004, renewable annually, at a cost of $30.00 per hour for approximately 25 hours per week, in an amount not to exceed $39,000, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to amend the 2003 County budget as follows: ACCOUNT NO. DESCRIPTION AMOUNT 4310.435 Professional Fees & Services +$9,000 4310-3490 State Aid – Mental Health +$9,000 VOTE: Passed 8-0. RESOLUTION NO. 240A Motion by Young, Second by Bingell. RE: MOTION TO AMEND RESOLUTION NO. 240 BE IT RESOLVED, that Resolution No. 240 be amended to add at the phrase “this position will be limited to a one-year appointment, subject to being in accordance with the Civil Service Law”, to the end of the Resolution. DISCUSSION: Chairman Gifford said the County is undergoing an effort to combine services. This would make the ninth code enforcement officer (CEO) in the county. He feels this is counter-productive and they should be looking for one officer to cover the entire county. Legislator Bingell stated that there is a home rule law, and the county cannot have a CEO for the whole county without the approval of the towns and villages. Chairman Gifford said he understands that, but feels the county should work to get their approval. Legislator Larison feels the county needs a CEO now. This resolution does not make the position full-time and it can be removed at a later date if deemed appropriate. Chairman Gifford suggested that the county select and hire code enforcement officers from the towns to use when necessary. He will not support this Resolution. Legislator Bleiler said he presumes this is not in the budget. Legislator Larison said he cannot answer that, there are no figures for what there currently is available in the Emergency Management budget. There have been many grants applied for and received since the beginning of the year. Last he knew there was enough money to cover the cost of this position. Legislator Bleiler feels they should not be creating new positions with the possibility of eliminating positions down the road with the budget. If there are not sufficient funds to cover it, he will not support it. Legislator Slusser agrees that if it is not in the budget, it should not be created. Legislator Bingell said she understands the stance, however, the tax auction sale is coming and they have been assured that there are funds for this position for the next six months. Legislator Larison said they hired a department head and it is his job to do this work and recommend the hiring. He feels they should follow his direction. He explained how they are complying with the law. Legislator Young said she understands both ends of the issue, it is not black and white. The county is looking to do shared services in a reasonable period of time, otherwise the comprehensive plan would be meaningless. She would like to offer a compromise. She suggested an amendment that this position to be limited to one-year. This should give us time to bring in uniformity. Attorney Coleman said he has no legal problem, however, they should coordinate it with Civil Service. It may depend on how it was advertised and what the applicants were told. Legislator Larison said the issue is not just the tax sale properties, there is a question on whether the county offices are up to code or not. VOTE: Passed 5-3. Noes: Bleiler, Karius, Gifford. RESOLUTION NO. 240 Motion by Larison, Second by Bingell. RE: AUTHORIZE CREATION AND FILLING OF A CODE ENFORCEMENT OFFICER POSITION FOR INCLUSION INTO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN – EMERGENCY MANAGEMENT – AS AMENDED - FAILED WHEREAS, the Schuyler County is in need of a part-time Code Enforcement Officer for county properties, and WHEREAS, a Code Enforcement Officer is required to be a government employee, and WHEREAS, said position shall fall under the jurisdiction of the Emergency Management Coordinator, and based on the functions and responsibilities, shall be a management/confidential position, and PROCEEDINGS OF THE YEAR 2003 87 WHEREAS, the Code Enforcement Officer shall work on a part-time basis as needed, not to exceed 15 hours per week, and WHEREAS, the Human Resources Manager has conducted a factor rating of the position and recommends the following: I Accountability 112 II Complex 56 III Independent Judgment 72 IV Impact of program 24 V Scope of contacts 48 VI Supervision 0 VII Education & Experience 60 TOTAL 372 = Grade D Hiring Range: Minimum $27,484 ($15.04/hr.) – Mid-Point $34,056 ($18.64/hr.) NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves of the creation and filling of a Code Enforcement Officer position in the Emergency Management Office, to be placed in Grade Level D of the Management/Confidential Salary Plan, and BE IT FURTHER RESOLVED, that this Legislature acknowledges the appointment by William Kennedy, Emergency Management Coordinator, of William Gallow as Code Enforcement Officer at an annual salary of $14,572. This position will be limited to a one-year appointment, subject to being in accordance with the Civil Service Law. VOTE: Failed 3-5. Noes: Bleiler, Yuhasz, Slusser, Karius, Gifford. RESOLUTION NO. 241 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FOR USE OF E-911 RESERVE – EMERGENCY MANAGEMENT WHEREAS, the county has a reserve account for revenues received through a $.35 per month, per phone line surcharge for the purposes of funding a E-911 system, and WHEREAS, all surcharge monies shall be expended only upon authorization of the County Legislature and only for payment of system costs as permitted by law, and WHEREAS, it is the recommendation of the Emergency Management Office that the county begin to use some reserve account monies to offset the costs of maintaining its E-911 system. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to appropriate $3,000 from E-911 Reserve account A883 into account no. 3020.400 for system costs for the year 2003. VOTE: Passed 8-0. RESOLUTION NO. 242 Motion by Larison, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION AND SUBSEQUENT CONTRACT FOR STEP GRANT – SHERIFF’S DEPARTMENT WHEREAS, monies in the amount of $7,000 have been made available from the Governor’s Traffic Safety Committee to the Schuyler County Sheriff’s Department for a Selective Traffic Enforcement Program (STEP), and WHEREAS, these monies are to be used for speed enforcement and other traffic violations, and WHEREAS, this is a 100% funded grant. 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 fund; said documents subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 243 Motion by Karius, Second by Bingell. RE: AUTHORIZE FILLING OF A DEPUTY SHERIFF SERGEANT POSITION – SHERIFF’S DEPARTMENT 88 SCHUYLER COUNTY LEGISLATURE WHEREAS, funding for a Deputy Sheriff Sergeant position in the Sheriff’s Department was removed from the 2003 budget, and WHEREAS, it is necessary to have more supervision on the evening and overnight shifts, and WHEREAS, there have been five new recruits put on road patrol within the past year with no prior experience, and WHEREAS, it is a liability for the County not to have adequate supervision of employees, and WHEREAS, the Sheriff intends to promote from within and not fill the vacancy that occurs when the promotion is made, and WHEREAS, monies are available in the 2003 budget due to vacancies and deputies on disability to fund filling the Sergeant promotion, and WHEREAS, the amount needed for this position would be about $2,000 for the remainder of the year 2003. NOW, THEREFORE, BE IT RESOLVED, that the Sheriff be allowed to fill the Deputy Sheriff Sergeant position in the Sheriff’s Department at a rate of an additional $2.00 an hour of the current employee’s salary, effective immediately. DISCUSSION: Legislator Bleiler said when establishing the 2003 budget, the Sheriff gave up the position of Sergeant to save money. It now seems more important to fill it for supervisory reasons. He feels they are adding back the position they struggled over with the 2003 budget. That means they will struggle again for 2004. If this passes, he asked that they all make sure they will not fill vacancies that occur. The Clerk pointed out the fact that the “Whereas” clause states that he will not fill the vacancy that occurs as a result of this promotion. They had lengthy discussion on budget and personnel. VOTE: Passed 8-0. RESOLUTION NO. 244 Motion by Karius, Second by Bingell. RE: AUTHORIZE CONTRACT WITH THE ODESSA-MONTOUR CENTRAL SCHOOL DISTRICT – RECORDS MANAGEMENT WHEREAS, the Odessa-Montour Central School District wishes to contract with the County of Schuyler for Records Management Services to help organize and complete a grant project. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with the Odessa-Montour Central School District for Records Management Services in the amount of $20.00 per hour, for a total not to exceed $2,000.00, effective May 15, 2003 through June 30, 2003; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 245 Motion by Karius, Second by Bingell. RE: APPROVE APPLICATION FOR CREDIT OF REAL PROPERTY TAXES – CRANCE WHEREAS, an application for credit of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL), and WHEREAS, the Real Property Tax Director has determined that parcel 71.-1-29.1 in the Town of Orange should have included a senior citizen exemption in the amount of $14,100, and WHEREAS, failure to grant the partial exemption is a clerical error as defined in RPTL Section 550(2)c, and WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee that the application be approved. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved and that the 2003 County/Town tax roll be reduced by $246.70 to show an original amount due of $645.63, and BE IT FURTHER RESOLVED, that the outstanding tax due be subject to appropriate charges for interest and penalties, and that the Town of Orange be charged back $102.47, and that $144.23 be charged to the County Uncollectible. VOTE: Passed 8-0. RESOLUTION NO. 246 Motion by Karius, Second by Bingell. RE: APPROVE APPLICATION FOR REFUND OF REAL PROPERTY TAXES – HUGO PROCEEDINGS OF THE YEAR 2003 89 WHEREAS, an application for refund of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL), and WHEREAS, the Real Property Tax Director has determined that the current tax map acreage for parcel 49.-1-63 in the Town of Tyrone is incorrect, and WHEREAS, an incorrect entry of acreage resulting in an incorrect assessment, where such acreage is shown to be incorrect by submission of a survey, constitutes an error in essential fact as defined by RPTL Section 550(3)c, and WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee that the application be approved. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved and that a refund in the amount of $212.62 be issued for taxes paid in 2001, 2002, and 2003, and BE IT FURTHER RESOLVED, that the Town of Tyrone be charged back $72.44. VOTE: Passed 8-0. RESOLUTION NO. 247 Motion by Karius, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FOR CONFERENCE EXPENSES – BOARD OF ELECTIONS WHEREAS, the Schuyler County Board of Elections needs to keep informed about election reform, National Voter Registration Act, electronic voting machines, and upcoming changes that will impact the county office, and WHEREAS, at the May 1, 2003 Governmental Operations Committee meeting, the Commissioners indicated the need for Board of Elections personnel to stay abreast of anticipated changes, new policies and procedures, and WHEREAS, at their May 1, 2003 meeting, the Governmental Operations Committee agreed in principle to authorize expenses for Commissioners to attend meetings about voter registration and other election reform, and WHEREAS, much of the agenda at the Election Commissioners’ Association Summer Conference, in Cooperstown, will focus on election reform, including electronic voting machines and (county) centralization of machines, and WHEREAS, the Board of Elections does not have sufficient money in the current budget (Conference, 1450.409), nor money available to transfer to cover the expense for this important conference. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to transfer $900 from Contingency account no. 1990.500 to Board of Elections account no. 1450.409 to cover anticipated expenses for Commissioners to attend the ECA Summer Conference. DISCUSSION: Legislator Young encouraged the attendance of both Board of Election (BOE) Commissioners at this conference. She asked them to please do what is best for the county. Legislator Bleiler said he cannot support this, as it was not budgeted. Social Services staff persons are not going to their summer conference that is budgeted. He understands the need for the State to provide training. He feels there must be a better way. Legislator Yuhasz said the most effective way is to experience it first hand. He encourages this attendance. BOE Commissioner, Joe Fazzary, explained that they did not know of this at budget time. They have no choice of where the conference is held. If you choose to not have them go, they will accept that. Legislator Young said she agrees with pinching pennies, but feels this is critical. VOTE: Passed 6-2. Noes: Bleiler, Gifford. RESOLUTION NO. 248 Motion by Karius, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE A COMPUTER – OFFICE FOR THE AGING WHEREAS, from January to May 2003, the Office for the Aging (OFA) has been without a subcontract lawyer to provide legal services to the older population of the County and such service is required under Title III program provisions, and 90 SCHUYLER COUNTY LEGISLATURE WHEREAS, the Director for OFA, who is a licensed attorney and duly admitted to practice law in the State of New York and elsewhere, has been rendering legal services under Title III, but who has neither sought nor received any remuneration for said services, and WHEREAS, the New York State Office for the Aging upon review of this matter, has determined that from January to April of 2003 at least two thousand dollars ($2,000) was not spent on lawyer subcontractor fees, and WHEREAS, in an effort to enhance the efficiency of the Director in providing legal services, the New York State Office for the Aging has authorized the expenditure of two thousand dollars ($2,000) from Title III funds under the category of “Subcontractor,” to purchase the Director a computer and related accessories, and WHEREAS, to permit the authorized purchase of the computer and related accessories requires that money credited to OFA by the Schuyler County Treasurer be transferred from one line item to another, specifically from line item 001-6772-0490 (Subcontracts) to line item 001-6772-0200 (Equipment). NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer two thousand dollars ($2000) from Office for the Aging account no. 6772.490 (Subcontracts) to account no. 6772.200 (Equipment), said monies to be used for the purpose set forth in this Resolution. VOTE: Passed 8-0. RESOLUTION NO. 249 Motion by Bingell, Second by Larison. RE: ACCEPT AND RECOMMEND APPROVAL OF THE FACILITIES MASTER PLAN FOR CORNING COMMUNITY COLLEGE WHEREAS, the State University of New York requires all Community Colleges to prepare a Facilities Master Plan at least every five years, and WHEREAS, the last Master Plan prepared for Corning Community College was completed in 1995, and WHEREAS, Corning Community College has engaged Joy, McCoola and Zilch Architects and Planners (formerly Robert Joy and Associates) to develop and prepare a current Facilities Master Plan, and WHEREAS, the Architects and Planners have worked with State University Construction Fund and the Corning Community College faculty and administration to develop a Facilities Master Plan intended to meet the College needs for the years 2003-2008, and WHEREAS, the Facilities Master Plan was presented to members of the Schuyler County Management and Finance Committee at the Committee's regular monthly meeting on May 21, 2003, and WHEREAS, the Schuyler County Management and Finance Committee accepted and recommended approval of the amended Facilities Master Plan for Corning Community College. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts and approves the Facilities Master Plan for the years 2003-2008 as prepared by Joy, McCoola and Zilch, and on file, and BE IT FURTHER RESOLVED, a certified copy of this resolution be forwarded to Dr. Floyd Amann, President, Corning Community College, One Academic Drive, Corning, NY 14830-3297. VOTE: Passed 8-0. RESOLUTION NO. 250 Motion by Bingell, Second by Larison. RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 4 OF THE YEAR 2003 SETTING THE SALARY FOR THE POSITION OF COUNTY TREASURER WHEREAS, a proposed Local Law setting salaries for certain public officers for fiscal year 2003 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held June 9, 2003 at 7:00 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3/Local Law No. 4 of the Year 2003, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 3/Local Law No. 4 of the Year 2003, together with the required text thereof in the official county newspaper. PROCEEDINGS OF THE YEAR 2003 91 LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 4 OF THE YEAR 2003 A Local Law Setting the Salary for the Position of Treasurer for the fiscal years 2004, 2005, 2006 and 2007. Section 1. LEGISLATIVE INTENT This Local Law in enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salary of the position of Treasurer for the fiscal years 2004, 2005, 2006 and 2007. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal year 2004 the annual salary for the Treasurer is hereby established, to wit: TITLE 2004 SALARY County Treasurer $40,193 Effective with the first County payroll for fiscal years 2005, 2006 and 2007 the annual salary of the following official 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. VOTE: Passed 8-0. RESOLUTION NO. 251 Motion by Bingell, Second by Larison. RE: AUTHORIZING DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax receipts for the period October 1, 2002 through March 31, 2003, pursuant to Section 261 of the New York State Tax Law, and the same has been apportioned to the various municipalities thereto. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to pay the respective towns and villages of Schuyler County those amounts listed on Exhibit "A" attached hereto. VOTE: Passed 8-0. RESOLUTION NO. 252 Motion by Larison, Second by Bingell. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION ALLOWING SCHUYLER COUNTY TO INCREASE ITS MORTGAGE TAX BY ¼% AND TO UTILIZE SAID INCREASE SPECIFICALLY TO OFFSET COMMUNITY COLLEGE EXPENSES WHEREAS, State Tax Law Section 253 provides for a 1% tax on Mortgage proceeds; ½ of this is received locally and ¼ is the Special Mortgage Tax which goes to the State, and WHEREAS, Schuyler County opted out of a remaining ¼% in the 70’s, however has the ability to reinstate said percentage and use the tax for certain specific purposes with state legislative approval, and WHEREAS, Schuyler County wishes to request the additional ¼% mortgage tax and be authorized to use these funds specifically towards community college expenses. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature to adopt special legislation to amend the New York State Law to authorize the Schuyler County Legislature to increase its mortgage tax by an additional ¼% to be used specifically to offset community college expenses beginning at a time to be determined by proposed state legislation, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator John R. Kuhl, Jr., New York State Assemblyman George Winner and to the Majority and Minority Leaders of the New York State Senate and Assembly. VOTE: Passed 8-0. RESOLUTION NO. 253 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS TO TOWN OF HECTOR FOR THE SALE OF TIMBER ON FEDERALLY OWNED ENTITLEMENT LAND WHEREAS, the Schuyler County Treasurer has received $3,236.81 in revenues from the sale of timber on federally owned entitlement land in the Town of Hector, and 92 SCHUYLER COUNTY LEGISLATURE EXHIBIT "A" MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES OCTOBER 1, 2002 THROUGH MARCH 31, 2003 In Assessed Out Assessed Total Value Total Dbid. Vill. Share Town Share Distribution Percentage Catharine 12,261,476 37,201,692 49,463,168 98,926,336 968.49 6,845.38 7,813.87 12.3946
Cayuta 19,777,294 19,777,294 39,554,588 1,812.30 1,812.30 0.0000
Dix WG 66,254,261 72,139,753 141,346,988 282,693,976 5,502.76 17,731.20 23,479.22 23.4367 Dix MF 2,952,974 245.26 1.0446
Hector 7,730,787 183,896,325 191,627,112 383,254,224 757.47 36,794.21 37,551.68 2.0171
Montour-OD 2,626,717 26,614,403 63,842,442 127,684,884 284.60 9,800.91 13,834.53 2.0572 Montour-MF 34,601,322 3,749.02 27.0990
Orange 50,644,157 50,644,157 101,288,314 10,275.29 10,275.29 0.0000
Reading 11,093,823 96,610,632 107,704,455 215,408,910 558.45 10,285.04 10,843.49 5.1501
Tyrone 82,276,533 82,276,533 164,553,066 8,954.08 8,954.08 0.0000
TOTALS 137,521,360 569,160,789 706,682,149 1,413,364,298 12,066.06 102,498.40 114,564.46 73.1993 APPROVED BY COMMITTEE: Daryl M. Slusser
Delmar F. Bleiler
Glenn R. Larison
Sharon S. Bingell PROCEEDINGS OF THE YEAR 2003 93 WHEREAS, in accordance with the provisions set forth in Section 500 of Title 16, United States Code, these funds must be used for the benefit of public schools or public roads, and WHEREAS, this income is normally used by the Town of Hector for road maintenance in the Finger Lakes National Forest. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $3,236.81 to the Town of Hector for road maintenance in the Finger Lakes National Forest. VOTE: Passed 8-0. RESOLUTION NO. 254 Motion by Larison, Second by Bingell. RE: SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE” WHEREAS, a Motion for final Judgment of Foreclosure in the pending tax foreclosure proceeding has been filed by the County Attorney’s Office pursuant to Article 11 of the Real Property Tax Law, and WHEREAS, issuance of said Judgment is expected forthwith, and WHEREAS, it is necessary to set a tax auction sale date well in advance thereof, and WHEREAS, the Schuyler County Treasurer is the enforcing officer responsible for carrying out a foreclosure sale. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer will set a tax auction sale date upon receipt from the County Attorney’s Office of Notice of Entry of the Judgment of Foreclosure, and BE IT FURTHER RESOLVED, that the auction sale date shall be one month to the nearest Saturday thereafter; announcement of the exact date to be made by the Treasurer upon consultation with the auctioneer, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature or his designee be, and hereby is, authorized to sign and the Sheriff’s Department to hand deliver a Notice to Vacate to all occupants of property on which the County of Schuyler holds, or will hold, a tax deed to, and BE IT FURTHER RESOLVED, that said a Notice of Vacate be sent by registered mail to the most recent owners of record as shown in the property description. VOTE: Passed 8-0. RESOLUTION NO. 255 Motion by Bingell, Second by Larison. RE: ACCEPT PROPOSAL FOR ENGINEERING SERVICES FROM HUNT ENGINEERING FOR DESIGN OF CR-23 CULVERT - HIGHWAY WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for design services for the replacement of a culvert on County Road 23, and WHEREAS, Hunt Engineering has proposed engineering services for the design of the CR-23 culvert that will replace the existing culvert. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to accept the proposal from Hunt Engineers for the design of CR-23 culvert at a cost not to exceed $28,280.00, funds available in the 2003 County Road budget account no. 5020.400; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 256 Motion by Bingell, Second by Larison. RE: AUTHORIZE ENGINEERING CONSULTANT AGREEMENT WITH HUNT ENGINEERS FOR THE DESIGN OF COUNTY ROUTE 06 BRIDGE REPLACEMENT - HIGHWAY WHEREAS, the replacement of BIN 3332490, CR 06 over Taughannock Creek is a Federal-aid eligible project, and WHEREAS, there is money available in the 2003 budget account no. 5020.400 for this project. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to retain Hunt Engineers for engineering services for the replacement of CR 06 Bridge over Taughannock Creek; contract subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 257 Motion by Bingell, Second by Larison. RE: AMEND THE 2003 COUNTY ROAD AND MACHINERY FUND BUDGETS – HIGHWAY 94 SCHUYLER COUNTY LEGISLATURE WHEREAS, the Highway Department has received notice that CHIPS funds have been reinstated in the New York State Budget in the amount of $121,917 for Schuyler County, and WHEREAS, the County has received a grant to apply for the reconstruction of the Burdett Bridge in the amount of $50,000, which allows appropriations in Bridges to be transferred to Permanent Improvements. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish or adjust the following accounts for the additional funding: COUNTY ROAD APPROPRIATIONS AMOUNT ACCOUNT NO. DESCRIPTION + 19,000 D5112.569 Reconstruction CR 6 + 3,600 D5112.570 Reconstruction CR 24 + 33,000 D5112.595 CR 15 – Resurfacing + 493 D5120.306 Burdett Pedestrian Bridge + 56,093 REVENUES + 50,000 D3589 State Aid-Other Transportation + 6,093 D3501 Consolidated Highway Aid + 56,093 MACHINERY APPROPRIATIONS AMOUNT ACCOUNT NO. DESCRIPTION + 6,615 DM5130.245 Truck (Utility) + 109,209 DM5130.284 Dump Truck (10 Wheeler) + 115,824 REVENUES + 115,824 DM3501 Consolidated Highway Aid VOTE: Passed 8-0. RESOLUTION NO. 258 Motion by Bingell, Second by Larison. RE: ACCEPT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM 7/1/03-6/30/04 – PUBLIC HEALTH WHEREAS, Resolution No. 230-03 authorized advertising for bids for transportation of preschool children with disabilities, and WHEREAS, bids were received and opened with the following recommendations being made. NOW, THEREFORE, BE IT RESOLVED, that the bid from Schuyler Arc for transportation of preschool handicapped children to and from Frank Pierce Early Childhood Center, SCT BOCES Program, Horseheads and Yates Arc/Keuka Lakes Schools from July 1, 2003 to June 30, 2004 in the amount of $130 per child per day plus $8 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for transportation of preschool handicapped children to and from Franziska Racker Centers and Chemung County UCP from July 1, 2003 to June 30, 2004 in the amount of $135 per child per day plus $8 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Birnie Transportation for transportation of preschool handicapped children to and from Pathways Preschool Program from July 1, 2003 to June 30, 2004 in the amount of $175 per child per day plus $17.50 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for miscellaneous transportation of preschool handicapped children from July 1, 2003 to June 30, 2004 in the amount of $1.45 per mile be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that since certain students may be eligible for transport by a parent, school district or public transportation, this award is not an exclusive contract for services, and PROCEEDINGS OF THE YEAR 2003 95 BE IT FURTHER RESOLVED, that contracts necessary to carry out such transportation services are hereby authorized for signature by the Chairman of this Legislature, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 259 Motion by Bingell, Second by Larison. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.5370 AND ASSEMBLY BILL A.8738 AUTHORIZING AN INCREASE IN MORTGAGE TAX BY ¼% AND TO UTILIZE SAID INCREASE SPECIFICALLY TO OFFSET COMMUNITY COLLEGE EXPENSES FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature pass Senate Bill S.5370 and Assembly Bill A.8738 to adopt special legislation, an act to amend State Tax Law Section 253, in relation to the tax law on mortgage tax to be imposed in the County of Schuyler, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator John R. Kuhl, Jr., New York State Assemblyman George H. Winner, Jr. and to the Majority and Minority Leaders of the New York State Assembly and Senate. VOTE: Passed 8-0. RESOLUTION NO. 260A Motion by Bleiler, Second by Bingell. RE: MOTION TO AMEND RESOLUTION NO. 260 BE IT RESOLVED, that Resolution No. 260 be amended to add a second “Whereas” clause to read as follows: “WHEREAS, funding for the position is available in the 2003 budget account no. 3689.100-3681.” DISCUSSION: Legislator Bleiler asked that the line item be included to show from which line the salary is being paid. VOTE: Passed 8-0. RESOLUTION NO. 260 Motion by Bingell, Second by Larison. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY – DEPUTY EMERGENCY MANAGEMENT COORDINATOR – AS AMENDED WHEREAS, Resolution No. 90-03 authorized advertisement for the vacant position of Deputy Emergency Management Coordinator. WHEREAS, funding for this position is available in the 2003 budget account no. 3689.100-3681. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledge the appointment by William Kennedy, Emergency Management Coordinator, of Richard Churches as Deputy Emergency Management Coordinator, effective immediately at an annual salary of $12,867, part time, as needed, not to exceed 17 hours per week. VOTE: Passed 8-0. RESOLUTION NO. 261 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT FOR SECRETARIAL SERVICES – DISTRICT ATTORNEY WHEREAS, the New York State Division of Criminal Justice Services has approved a STOP Violence Against Woman Grant for Schuyler County to assist in the prosecution of domestic violence offenses, and has allocated $3,120 towards the provision of clerical services necessary to enhance the District Attorney’s ability to prosecute these offenses. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract for secretarial services to the District Attorney’s Office for the period June 1, 2003 through March 31, 2004 at a cost of $10.00 per hour for approximately 5 hours per week for a total of $3,120; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. 96 SCHUYLER COUNTY LEGISLATURE REPORT ON STANDING COMMITTEES: Legislator Bleiler reported that he is creating a standing committee to discuss the 150-year celebration of Schuyler County. His expectation is to celebrate for six months, starting in April 2004 and concluding in September with special events each of those six months. He has asked Glenda Gephart, Nancy Peters, Barbara Bell, and Bill Elkins to be a part of this committee. He feels there will be no cost to the county because the activities will generate revenue. He will assign at least six sub-committees from the steering committee. Legislator Larison reported on the Public Safety/Criminal Justice Committee. He has made attempts to communicate with the State to get a tower placed on Sugar Hill. He feels he is getting the runaround. Legislator Bingell reported on the Public Works Committee. The Highway Superintendent, Greg Mathews, attended the State Office of Governmental Services (OGS) purchasing forum. This was the fourth annual forum. There will be certain spending restrictions for next year. It will be beneficial to learn how the OGS contracts can help us. She reviewed some of the discussion items. She also announced that Schuyler County has been asked to host the State Troopers Training. It is a Chemung Cornell Cooperative Extension Program for truck drivers. It will be held July 28, 2003 from 1-3 p.m. at the Schuyler Highway Department. Legislator Yuhasz reported on the Health Services Committee. He recently attended his first S2AY Network meeting. He found it very enlightening. Legislator Slusser reported on the Management & Finance Committee. He is asking that everyone get serious about the budget. He will start discussing plans for the budget process this month at committee. Chairman Gifford reported that he attended a disaster drill with the Emergency Management Coordinator, William Kennedy, and the Director of Community Services/Public Health, George Roets. He said it was an eye opening experience. George commented that it was challenging. They used the potential small pox terrorism as their drill. Bill said everyone learned a little bit more about each other. MOTION by Legislator Bleiler to go into executive session to discuss employee work history, SECOND by Chairman Gifford. Motion carried eight ayes to zero noes. MOTION by Legislator Larison to come out of executive session, SECOND by Chairman Gifford. Motion carried eight ayes to zero noes. PUBLIC PARTICIPATION: None. The Meeting adjourned at 8:05 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk
PUBLIC HEARING ON AGRICULTURAL DISTRICT #1 JUNE 23, 2003
The June 23, 2003 Public Hearing on renewal of Agricultural District #1 was called to order at 6:37 p.m. by Acting Chairman Young. Jim Osterski, spoke on behalf of the Agriculture and Farmland Protection Board (AFPB) and summarized that Board’s report regarding renewal of Agricultural District #1, which is in the Town of Hector, with a portion in Town of Montour. The District was established in 1995, and at that time there was a great deal of misunderstanding of what an agricultural district is all about. The district was, and still is, disjointed and patchy. In early 2003, the AFPB identified additional areas to be included in the district. Two information sessions were held in the Town of Hector and at both of those meetings there was a lot of interest, but little opposition. All the landowners in Agricultural District #1 and potential additional owners were informed by mail that they would be placed in the District unless they requested otherwise by mail. Approximately 20 parcels asked to be removed. In May, 2003, AFPB submitted a report to the Legislature regarding the modification. The modification would increase the size of the district by about 35,000 acres and would make the district more contiguous landmasses. The AFPB has recommended to the Legislature that the Agricultural District be renewed and modified to include the additional acreage. Acting Chairman Young asked why the District does not extend more into the towns of Cayuta and Catharine. Ben Dickens, Chairman of the AFPB, explained that when Agricultural District #1 was formed, the PROCEEDINGS OF THE YEAR 2003 97 motivation came from the Town of Hector and it was decided it should stay mostly in the Town of Hector. Agricultural District #3 contains the towns of Cayuta and Catharine. The Hearing adjourned at 6:48 p.m. Gail M. Hughey, Clerk
REGULAR MEETING JULY 14, 2003
The July 14, 2003 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz, who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 262 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE JANUARY 6, 2003 ORGANIZATIONAL MEETING, JANUARY 13, 2003 REGULAR MEETING, FEBRUARY 3, 2003 SPECIAL MEETING, FEBRUARY 10, 2003 REGULAR MEETING, FEBRUARY 27, 2003 SPECIAL MEETING, MARCH 10, 2003 REGULAR MEETING, APRIL 14, 2003 REGULAR MEETING, MAY 2, 2003 SPECIAL MEETING AND MAY 12, 2003 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the January 6, 2003 Organizational Meeting, January 13, 2003 Regular Meeting, February 3, 2003 Special Meeting, February 10, 2003 Regular Meeting, February 27, 2003 Special Meeting, March 10, 2003 Regular Meeting, April 14, 2003 Regular Meeting, May 2, 2003 Special Meeting and May 12, 2003 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 7-0. RESOLUTION NO. 263 Motion by Bingell, Second by Young. RE: AUTHORIZE AMENDMENT TO THE FLACRA TANF AGREEMENT AND AMEND 2003 BUDGET – MENTAL HEALTH WHEREAS, additional funding and an extension of the expiration date for TANF funding has been approved by New York State Office of Alcoholism and Substance Abuse Services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the Agreement with Finger Lakes Addictions and Counseling Agency for TANF services in an additional amount of $7,182 and to extend the agreement from March 31, 2003, per Resolution 394-02, to June 30, 2003, subject to approval by the County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2003 County budget as follows: ACCOUNT NO. DESCRIPTION AMOUNT 4322-4490 Federal Aid +$7,182 4322.336 TANF Services +$7,182 VOTE: Passed 7-0. RESOLUTION NO. 264 Motion by Bingell, Second by Young. RE: AUTHORIZE TRADING PARTNER AGREEMENT AND TRADING PARTNER – ELECTRONIC DATA INTERCHANGE FOR PRESCHOOL SUPPORTIVE HEALTH SERVICES PROGRAM – PUBLIC HEALTH WHEREAS, New York State Medicaid, through it’s fiscal agent, Trading Partner, electronically exchange information and data in connection with certain healthcare transactions, and WHEREAS, New York State Medicaid and Trading Partner want to address certain requirements that are now or will become applicable to the parties under regulations issued pursuant to the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (as the same may be amended from time to time)(HIPAA) including, without limitation, the Standards for Electronic Transactions and the Security Standards. 98 SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the Trading Partner Agreement and Trading Partner – Electronic Data Interchange for Preschool Supportive Health Services Program, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 265 Motion by Bingell, Second by Young. RE: AUTHORIZE AGREEMENT WITH SCOTT FORBES FOR CRITICAL INCIDENT TRAINING AND AMEND 2003 BUDGET – MENTAL HEALTH WHEREAS, the Office of Mental Health has authorized and will provide funding for critical incident training, and WHEREAS, Scott Forbes has provided training for Mental Health personnel in the past. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Scott Forbes to provide critical incident training at the Mental Health Clinic over a two day period for a flat rate of $1,000, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to amend the 2003 County budget as follows: ACCOUNT NO. DESCRIPTION AMOUNT 4310.435 Professional Fees & Services +$1,000 4310-3490 State Aid – Mental Health +$1,000 VOTE: Passed 7-0. RESOLUTION NO. 266 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE INCREASE IN HOURS OF YOUTH PROGRAM COORDINATOR POSITION TEMPORARILY – YOUTH BUREAU WHEREAS, the Youth Program Coordinator in the Youth Bureau currently works 17 hours per week, and WHEREAS, there is a tremendous need for an increase in these hours to provide supervision to the youth who are working at Watkins Glen International Raceway, and WHEREAS, there are funds in the 2003 Youth Bureau budget to pay for this increase and the position is 100% reimbursed. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the temporary increase in hours for the Youth Program Coordinator from 17 hours a week to 35 hours a week for the period August 11, 2003 through August 24, 2003. VOTE: Passed 7-0. RESOLUTION NO. 267 Motion by Bleiler, Second by Bingell. RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, ELECTING TEMPORARY EXEMPTIONS FROM SALES AND COMPENSATING USE TAXES FOR RECEIPTS FROM RETAIL SALES OF, AND CONSIDERATION GIVEN OR CONTRACTED TO BE GIVEN FOR, CERTAIN CLOTHING AND FOOTWEAR Be it enacted by Legislature of the County of Schuyler, as follows: SECTION 1. Section six of Resolution No. 140 of November 27, 1967, as amended, is amended by adding a new subdivision (l) to read as follows: (l) Receipts from sales of and consideration given or contracted to be given for purchases of clothing and footwear exempt from state sales and compensating use taxes pursuant to paragraph (30) of subdivision (a) of section 1115 of the New York Tax Law during the periods commencing August 26, 2003, and ending September 1, 2003, and commencing January 26, 2004, and ending February 1, 2004, shall also be exempt during such periods from sales and compensating use taxes imposed by this resolution. SECTION 2. This Resolution shall take effect June 1, 2003, and shall apply during the applicable exemption periods in accordance with the applicable transitional provisions of Article 29 of the New York Tax Law; provided that this resolution and subdivision (l) of section 6 of Resolution No. 140 of November 27, 1967, as added by section one of this resolution, shall expire May 31, 2004, and be deemed repealed. VOTE: Passed 7-0. PROCEEDINGS OF THE YEAR 2003 99 RESOLUTION NO. 268 Motion by Bleiler, Second by Bingell. RE: AMEND SCHUYLER COUNTY POLICIES AND PROCEDURES RELATIVE TO RETIREE HEALTH INSURANCE WHEREAS, due to the fact that it takes approximately 90 days for retirees to receive a Medicare card, the timelines referenced in the current policy for retiree health insurance need revision. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Policies and Procedures relative to Retiree Health Insurance be amended as follows: Employees who have retired or resigned prior to attaining the age of 65 years and are not yet eligible for Medicare benefits and then become eligible for Medicare benefits due to Disability or attaining the age of 65 years are responsible to notify the Human Resources Department that they are Medicare eligible. A copy of the Medicare card must be given to the Human Resources Department and is sent to the health insurance carrier. Upon notification, Medicare Credit (determined annually) will be granted to each eligible insured. If the insured does not notify the Human Resources Department in a timely manner, the Medicare Credit will only be granted retroactive for a maximum of three (3) months, not to exceed the actual number of months paid at the pre-Medicare rate. based on the health insurance carrier’s rules for reimbursement. This policy will also apply to employees who elect coverage under the COBRA Act. Special consideration may be requested if an extenuating medical situation prevents prompt notification. VOTE: Passed 7-0. RESOLUTION NO. 269 Motion by Karius, Second by Young. RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE EQUIPMENT – BUILDINGS AND GROUNDS WHEREAS, Schuyler County Buildings and Grounds Department has always used contract cleaners for cleaning carpeted areas, and WHEREAS, the Building Maintenance Supervisor has reviewed some of the newest carpet cleaning machines available today, and WHEREAS, the Building Maintenance Supervisor has recommended the purchase of a Host dry extraction carpet cleaning system in lieu of using a contract cleaner. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the amount of $1,890.00 from account no. 1620.490-Subcontracting to account no. 1620.200- Equipment, for the purchase of one (1) Host dry extraction carpet cleaner. VOTE: Passed 7-0. RESOLUTION NO. 270 Motion by Karius, Second by Young. RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE AN ORTHOPEDIC CHAIR – COUNTY ATTORNEY’S OFFICE WHEREAS, due to an inaccuracy in the 2003 budget finalization figures, the County Attorney’s Office budget does not contain sufficient funds to purchase a needed orthopedic chair. NOW, THEREFORE, BE IT RESOLVED, that the Treasurer be hereby authorized to transfer the sum of $200 from Contingency account no. 1990.500 to account no. 1420.200-Equipment so that the County Attorney’s Office may order the appropriate chair immediately. VOTE: Passed 7-0. RESOLUTION NO. 271 Motion by Karius, Second by Young. RE: ACCEPT BID FOR THE SALE OF THE 2000 TAX MAP SET WHEREAS, Resolution No. 221-03 declared surplus and authorized the sale of the 2000 tax map set by sealed bid, and WHEREAS, one bid was received and opened on Thursday, June 19, 2003, and WHEREAS, the County Real Property Tax Services Director, Thomas Bloodgood, has reviewed the bid from Dennis J. Weiland, L.S. in the amount of $305.00 and recommends accepting the same. 100 SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the bid from Mr. Weiland as set forth above. VOTE: Passed 7-0. RESOLUTION NO. 272 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH SENTINEL FOR ELECTRONIC HOME MONITORING PROGRAM - PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department has been operating an Electronic Home Monitoring Program for a number of years under a contact with Sentinel, previously Strategic Technologies, and WHEREAS, the previous Contract has expired and it is the desire of the Probation Department to continue the program, there being funds available in the Department budget, and WHEREAS, this matter has been discussed with the Public Safety/Criminal Justice Committee of the Schuyler County Legislature, and their recommendation is for continuation of this program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Sentinel for the Probation Department for Electronic Monitoring Services, for the term June 16, 2003 through June 15, 2004, in the amount of $4.00 per day, funding available in account no. 3140.382; subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 273 Motion by Larison, Second by Bingell. RE: ANNUAL UPDATE OF THE 2004 PINS DIVERSION PLAN-PROBATION DEPARTMENT WHEREAS, Schuyler County previously applied for and received approval for the operation of the PINS Diversion Program under the mandatory PINS Diversion Law during 1987 and updated annually since then, and WHEREAS, this matter has been discussed by members of the Public Safety/Criminal Justice Committee of the Schuyler County Legislature and the recommendation of that Committee is that the PINS Diversion Planning Committee for the PINS Plan submit the required annual update. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign the Update of the Plan on behalf of the County of Schuyler as well as any contract or agreement made a part of the Plan, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the PINS Diversion Planning Committee be authorized to submit said Plan to the State of New York, and BE IT FURTHER RESOLVED, that the previously appointed members of the PINS Diversion Planning and Assessment Committees continue to serve in that capacity. DISCUSSION: Legislator Young asked that the Public Safety/Criminal Justice Committee consider whether it appropriate to place the PINS Diversion Program under the umbrella of the Families First program in the future. VOTE: Passed 7-0. RESOLUTION NO. 274 Motion by Larison, Second by Bingell. RE: AUTHORIZE INCREASE IN CORONER FEE AND ADMINISTRATIVE PAYMENT TO CHIEF CORONER FOR 2004 WHEREAS, the fee for a coroner call has been $75 per call since 1975, and the administrative payment to the Chief Coroner has been $1,000 since 1987, and WHEREAS, the demands of coroner are difficult and unpleasant and the job is a 24-hour per day/7-day per week responsibility, and WHEREAS, it is becoming increasingly difficult to encourage physicians to run for the office of Coroner, and WHEREAS, it is the recommendation of the Chief Coroner and the Public Safety/Criminal Justice Committee that the fees for coroner-related services be raised. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorize the increase of compensation to coroners from $75 to $150 per call effective January 1, 2004, and BE IT FURTHER RESOLVED, that the administrative payment to the Chief Coroner be increased from PROCEEDINGS OF THE YEAR 2003 101 $1,000 to $2,500 effective January 1, 2004. VOTE: Passed 7-0. RESOLUTION NO. 275 Motion by Bingell, Second by Young. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY– CORONER WHEREAS, line items in the Coroner’s 2003 budget are over-expended as of the June billing. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $2,000 from Contingency account no. 1990.500, and place $1,800 into Coroner account no. 1185.400- Contractual Expense and $200 into Coroner account no. 1185.430-Mileage. VOTE: Passed 7-0. RESOLUTION NO. 276 Motion by Bingell, Second by Young. RE: DECLARE VEHICLE SURPLUS AND TRANSFER TO THE MONTEREY FIRE DEPARTMENT– SHERIFF’S DEPARTMENT WHEREAS, the Sheriff’s Department has an old surplus Army truck which is no longer being used, and WHEREAS, this vehicle was obtained free of charge from the Army Surplus Program for the use by municipalities, and WHEREAS, the Monterey Volunteer Fire Department is in need of such a vehicle for brush fires. NOW, THEREFORE, BE IT RESOLVED, that pursuant to County Law Section 215, this Legislature hereby declares the above vehicle surplus and transfer the same to the Monterey Volunteer Fire Department. VOTE: Passed 7-0. RESOLUTION NO. 277 Motion by Bingell, Second by Young. RE: AUTHORIZATION TO FILL PART-TIME DEPUTY SHERIFF POSITION – SHERIFF’S DEPARTMENT WHEREAS, there is a vacant, part-time Deputy Sheriff position in the Sheriff’s Department, which has not been filled in 90 days thus requiring legislative approval to fill, and WHEREAS, the filling of said position will result in reduced costs for overtime and benefits in the Sheriff’s Department budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill a vacant part-time Deputy Sheriff position in the Sheriff’s Department, at an hourly rate of $9.09 an hour, effective immediately. VOTE: Passed 7-0. RESOLUTION NO. 278 Motion by Larison, Second by Bingell. RE: DECLARE EQUIPMENT SURPLUS – SHERIFF’S DEPARTMENT WHEREAS, the Sheriff’s Department has about forty pieces of computer equipment that is no longer needed by the department. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declares the equipment surplus and directs that the list be given to the Coordinator of Information Technology Services for possible use by other departments, and BE IT FURTHER RESOLVED, that the items not used be removed by the Building Maintenance Supervisor and placed in storage for inclusion in the annual County Auction. VOTE: Passed 7-0. RESOLUTION NO. 279 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FROM SEIZED ASSETS – SHERIFF’S DEPARTMENT WHEREAS, it is necessary for the Sheriff’s Department in their drug enforcement program to purchase drugs from individuals, and WHEREAS, it is necessary to replenish this fund in the Sheriff’s Department, and there is money in the Sheriff’s seized assets account for this purpose. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the amount of $2,000 from Seized Asset Reserve account no. 3121 to Sheriff Seized Assets account no. 3121.275. VOTE: Passed 7-0. 102 SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 280 Motion by Larison, Second by Bingell. RE: APPOINTMENT - SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY (SCIDA) BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of George Mahler, Jr. to SCIDA for the term July 15, 2003 through December 31, 2003. VOTE: Passed 7-0. RESOLUTION NO. 281 Motion by Young, Second by Bingell. RE: AUTHORIZATION TO COMMIT NOT MORE THAN $5,000 FROM THE FISCAL YEAR 2004 BUDGET FOR THE PURPOSE OF PARTICIPATING IN THE DEVELOPMENT AND IMPLEMENTATION OF A WATKINS GLEN/MONTOUR FALLS BUSINESS DISTRICT IMPROVEMENT STRATEGY AND TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT TO ESTABLISH AN ADVISORY BOARD TO OVERSEE DEVELOPMENT AND IMPLEMENTATION OF THIS IMPROVEMENT STRATEGY WHEREAS, the County of Schuyler is desirous of participating in development and implementation of a Business District Development Strategy for the Villages of Montour Falls and Watkins Glen, and WHEREAS, the Appalachian Regional Commission's Area Development Program has grant funds available in 2004 to fund 50% of the cost of such work, with the balance to be paid by a local match, and WHEREAS, Schuyler County Partnership for Economic Development (SCOPED) has submitted a pre- application to ARC requesting $35,000 for this project, and will be the lead agency with the understanding that SCOPED will provide cash up to $5,000 and non-cash services related to the grant, including certain project management services, as well as meeting and office space as needed. NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler commits not more than $5,000 from its FY 2004 budget, account no. 6989.400-Other Economic Development, for the purpose of participating in developing and implementing this strategy, with the understanding that these funds will be spent only if the grant and project are approved by ARC. This commitment is also contingent on the committed involvement and combined cash/in-kind services match of up to $35,000, as needed, from some or all of the following: the Village of Watkins Glen, the Village of Montour Falls, Schuyler County, Schuyler County Chamber of Commerce, Schuyler County Planning and Community Development, and private business donations, and BE IT FURTHER RESOLVED, that the County of Schuyler agrees to enter into an inter-municipal agreement with the participating municipalities for the purpose of creating an Advisory Board, which will oversee development and implementation of this business district improvement strategy; subject to the approval of the Schuyler County Attorney. DISCUSSION: Legislator Karius said she will be voting no on this resolution due to budgetary concerns. She also noted that the municipalities have not formally committed to this yet. Chairman Gifford said this has to be done now because of the Appalachian Regional Commission (ARC) grant application review timeline. This is not a done deal. Legislator Young feels they need to do anything to improve their economic standing. If we have to back off because of budget, so be it. A resolution passed can be a resolution re-visited. Legislator Karius said she will not change her mind, she said that the taxpayers are tightening their budgets. Legislator Young said they will be tightening their budgets even more without economic development. Chairman Gifford noted that the county’s support will strengthen the grant application and these matching grant funds are very competitive. VOTE: Passed 6-1. No: Karius. RESOLUTION NO. 282 Motion by Young, Second by Bingell. RE: AUTHORIZE CONTRACT WITH DELL FOR EXTENDED WARRANTY – TREASURER’S OFFICE WHEREAS, the purchase/maintenance agreement with Dell for the Treasurer’s Office server is due to expire in October, and WHEREAS, the server is an integral piece of equipment for the Treasurer’s Office operations, and WHEREAS, it is the recommendation of the Treasurer and the Coordinator of Information Technology that the maintenance agreement be continued to ensure department operation and efficiency. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to PROCEEDINGS OF THE YEAR 2003 103 enter into a maintenance agreement with Dell for the Treasurer’s Office server for a period of two year, commencing October 9, 2003 and expiring October 9, 2005 at a cost of $1,333, funding available in Treasurer account no. 1325.435; agreement subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 283 Motion by Young, Second by Bingell. RE: AUTHORIZE CONTRACT WITH THE TOWN OF TYRONE - RECORDS MANAGEMENT WHEREAS, the Town of Tyrone has received a Local Government Records Management Improvement Fund (LGRMIF) Grant for the year 2003-2004, and WHEREAS, the Town wishes to contract with the County of Schuyler for Records Management Services to help organize and complete their grant project. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with the Town of Tyrone for Records Management Services in the amount of $20.00 per hour, for a total not to exceed $3,300.00, effective July 1, 2003 through June 30, 2004; subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 284 Motion by Young, Second by Bingell. RE: NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY 2003-2004 WHEREAS, the New York State Matching Grants Program is designated to encourage tourism promotion throughout the regions of New York State, and WHEREAS, in the past, the State of New York has appropriated funds for this purpose in its Commerce Department budget, and WHEREAS, the guidelines for this local assistance program encourages counties to appoint a Regional Tourist Promotion Agency, and WHEREAS, the Schuyler County Chamber of Commerce has been authorized to serve as the Schuyler County tourism representative to provide specific tourism services on behalf of Schuyler County, and WHEREAS, the Schuyler County Chamber of Commerce has served as the Schuyler County lead tourism promotion organization since its inception, and WHEREAS, the Schuyler County Chamber of Commerce has requested to be designated as the County’s Tourism Agency for the 2003-2004 State Program Year. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Chamber of Commerce be, and hereby is, designated by the Schuyler County Legislature as its Tourist Promotion Agency for the 2003-2004 State Program year to represent the County of Schuyler under the present New York State Tourist Promotion Act for all purposes set forth in said act, and BE IT FURTHER RESOLVED, that the Schuyler County Chamber of Commerce be, and hereby is, authorized to execute any documents under the Matching Grants Program and is authorized to make application for and receive grants on behalf of the County of Schuyler pursuant to the New York State Commerce Department budget for 2003-2004, and BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, authorized to file a certified copy of this resolution with appropriate bodies including, but not limited to, the Schuyler County Chamber of Commerce and the Finger Lakes Association. VOTE: Passed 7-0. RESOLUTION NO. 285 Motion by Young, Second by Bingell. RE: ACCEPT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED WHEREAS, the County Treasurer took tax deeds to the following property located in Schuyler County, State of New York, and WHEREAS, the former owner of record or the estate of the former owner of record may submit an Offer to Purchase in the full amount of taxes, penalties, interest and other County expenses involved with the property. 104 SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to accept the Offer to Purchase and execute the quitclaim deed and attending documents for the transfer of the below listed properties, and any other properties for which the County of Schuyler has taken a tax deed and listed said property in the tax sale auction, upon payment to the Schuyler County Treasurer of the full amount of the purchase offer. The full amount of the purchase offer must be made by 5:00 p.m. on July 25, 2003, which is the last regularly scheduled work day of the Schuyler County Treasurer’s Office prior to the tax sale auction, and BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof. TOWN TAX MAP # FORMER OWNER OF RECORD Orange 101.-1-7.2 George J. Hakes & Diane Burlingame Hector 15.-1-53 Michael K. Griswold Reading 32.-1-1.1 Thelma E. Hoyt VOTE: Passed 7-0. RESOLUTION NO. 286 Motion by Bingell, Second by Larison. RE: AUTHORIZATION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two (2) Resolutions be brought to the floor. VOTE: Passed 7-0. RESOLUTION NO. 287 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT FOR THE NEW YORK STATE CRIME VICTIM’S BOARD GRANT – DISTRICT ATTORNEY WHEREAS, Resolution No. 196-03 authorized an application for the 2003-2004 Crime Victim’s Board Grant through New York State, and WHEREAS, the District Attorney’s Office has been awarded a three-year grant in the amount of $39,000 with a 25% local match consisting of fringe benefits and in-kind services such as providing an office, furniture and equipment. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract for the 2003-2004 New York State Crime Victim’s Board Grant, in the amount of $39,000 for the term October 1, 2003 through September 30, 2006; subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 288 Motion by Bingell, Second by Larison. RE: AUTHORIZE TEMPORARY APPOINTMENT – PROBATION DEPARTMENT WHEREAS, the Account Clerk Typist in the Probation Department is on leave for an unknown length of time, and WHEREAS, since that position is the only clerical staff position in the Department, there is a tremendous need for temporary assistance, and WHEREAS, there is presently sufficient funding in the 2003 Probation Personal Services account to pay for temporary help (funding from contingency may be necessary if the leave is extended). NOW, THEREFORE, BE IT RESOLVED, that the Director of Probation be hereby authorized to hire temporary help in the Probation Department effective immediately until such time as the Account Clerk Typist returns to work. DISCUSSION: The Clerk noted that the leave of absence referenced in the resolution is unpaid, therefore the transfer from contingency will not be necessary. VOTE: Passed 7-0. UNFINISHED BUSINESS: None. NEW BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Young announced that the Physical Resource and Conservation Subcommittee of Southern Tier Central (STC) will hold its meeting tomorrow at Tanglewood regarding development of renewable energy in our area. The regular STC meeting will be held on Thursday. On Saturday, Barbara Seimens, a foremost PROCEEDINGS OF THE YEAR 2003 105 national authority on voting machines, will conduct a meeting at 10:00 a.m. in the Rural Urban Center. She encouraged everyone to attend this meeting. She also announced that she went to Albany on July 8th and testified at a Public Hearing on the new Voters Act. There are some valid concerns about this new act and the requirements of the same. Any public comment needs to go to the Elections Commissioners by July 23rd. Legislator Bleiler noted that the anniversary committee has met twice and is just starting to move. He encouraged anyone to join the efforts. Legislator Larison announced that the county’s code enforcement duties will be done by the Emergency Management Coordinator at no extra cost. Training will be offered in the Fall. Yates County will assist us in the meantime and walk our Coordinator through the ropes. The committee approved this. Also, as he reported last month, DEC is looking at the possibility of the county sharing the state-owned Sugar Hill tower and will get back to us. He also announced that there was a presentation by the State Office of Technology about the statewide wireless system. It is still a long way off from being accomplished. He is still going to push getting access to Sugar Hill tower because the emergency personnel cannot wait forever. Legislator Bingell announced certain road projects being done throughout the county and advised the public to use caution and be patient during this time. PRESENTATION OF CERTIFICATION OF RECOGNITIONS TO EAGLE SCOUTS: Chairman Gifford presented Cory Richards and Albert Roy, both from Odessa, with Certificates of Recognition on their achievement of Eagle Scout. PUBLIC PARTICIPATION: None. MOTION by Larison, SECOND by Bingell to go into Executive Session at 7:08 p.m. to discuss the work history of a particular employee. Vote passed seven ayes to zero noes. MOTION by Larison, SECOND by Bingell to come out of Executive Session at 7:18 p.m. Vote passed seven ayes to zero noes. The Meeting adjourned at 7:18 p.m. Gail M. Hughey, Clerk
SPECIAL MEETING JULY 24, 2003
The July 24, 2003 Special Meeting of the Schuyler County Legislature was called to order at 1:00 p.m. by Acting Chairman Young. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment of Silence. All Legislators were present except Legislators Gifford and Yuhasz who were excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 289 Motion by Larison, Second by Bingell. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Acting Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. Authorize the Creation and Filling of a Clerk Position on a Part-Time Basis in the District Attorney’s Office 2. Authorize Contract with Hunt Engineers for Architectural Services for the District Attorney’s Office Space and Amend 2003 Budget - Buildings and Grounds 3. Authorize Agreement with Silverline Construction for Removal of the County Route 16 Bridge Structure and the Installation and Removal of a Temporary Detour – Highway Department 4. Authorize Agreement with Hunt Engineers for Design Work for County Route 16 Bridge Replacement – Highway Department VOTE: Passed 6-0. RESOLUTION NO. 290 Motion by Bingell, Second by Larison. 106 SCHUYLER COUNTY LEGISLATURE RE: AUTHORIZE THE CREATION AND FILLING OF A CLERK POSITION ON A PART-TIME BASIS IN THE DISTRICT ATTORNEY’S OFFICE WHEREAS, the New York State Division of Criminal Justice Services has approved a STOP Violence Against Woman Grant for Schuyler County to assist in the prosecution of domestic violence offenses, and has allocated $3,120 towards the provision of clerical services necessary to enhance the District Attorney’s ability to prosecute these offenses. NOW, THEREFORE, BE IT RESOLVED, that the District Attorney be hereby authorized to create and fill a Clerk position, to work approximately five hours per week from July 28, 2003 through March 31, 2004, to be placed in Grade Level II at a salary of ($10.29/hour using 2002 contract rates), not to exceed a total cost of $3,120. VOTE: Passed 6-0. RESOLUTION NO. 291 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS FOR ARCHITECTURAL SERVICES FOR THE DISTRICT ATTORNEY’S OFFICE SPACE AND AMEND 2003 BUDGET – BUILDINGS AND GROUNDS WHEREAS, the District Attorney’s Office has received a written commitment from Senator John R. Kuhl, Jr. of $16,000 to renovate the second floor of the District Attorney’s Office building in order to house additional staff, and WHEREAS, the Buildings and Grounds Department has consulted with Hunt Engineers with respect to the cost of examining the existing structure to establish what will be required to meet building codes, and Hunt Engineers will prepare an exhaustive study of all requirements and what will be necessary to meet them for the sum of $1,750. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents for the above agreement not to exceed $1,750, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2003 Buildings and Grounds budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION $+16,000 1620.435-1168 Professional Fees and Services $+16,000 1620-3089-1168 State Aid – Other DISCUSSION: Legislator Bleiler asked why this agreement cost so much money. David Lisk, Building Maintenance Supervisor, explained that the contract is to come up with a structural finding and recommendations to meet building codes and the American with Disabilities Act requirements. John Hayes, Assistant District Attorney, said they will continue to look for additional funding for needed work. VOTE: Passed 6-0. RESOLUTION NO. 292 Motion by Bingell, Second by Larison. RE: AUTHORIZE AGREEMENT WITH SILVERLINE FOR REMOVAL OF THE COUNTY ROUTE 16 BRIDGE STRUCTURE AND THE INSTALLATION AND REMOVAL OF A TEMPORARY DETOUR – HIGHWAY DEPARTMENT WHEREAS, County Route 16 Bridge was completely destroyed as a result of flooding on Tuesday, July 22, 2003 and needs a temporary detour installed immediately. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Silverline Construction for removal of the County Route 16 Bridge structure and installation and removal of a temporary detour, in an estimated amount not to exceed $60,000, funding to be transferred within the 2003 Highway Bridge account into account no. 5120.342 as directed by the Highway Superintendent; subject to approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 293 Motion by Bingell, Second by Larison. RE: AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR DESIGN WORK FOR COUNTY ROUTE 16 BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT PROCEEDINGS OF THE YEAR 2003 107 WHEREAS, County Route 16 Bridge was completely destroyed as a result of flooding on Tuesday, July 22, 2003 and needs to be replaced. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Hunt Engineers for design work to replace the County Route 16 Bridge, in an estimated amount not to exceed $30,000, effective immediately, funding available in the 2003 Highway Engineering account no. 5020.400; subject to approval of the Schuyler County Attorney. DISCUSSION: Legislator Slusser asked if there is money in budget to cover this contract. Greg Mathews, Highway Superintendent, said yes, however it takes away from something else. Legislator Bleiler feels it should come out of the whole county budget, not just the Highway budget. Legislator Larison agrees, he should continue with any necessary road work and take from the contingency account if necessary later. Greg said while funding for these projects is coming out of funding for other planned projects, he would prefer not to act on any funding transfers until he knows how the county will make out with the Federal Emergency Management Agency (FEMA). He may have to come back to the Legislature to consider contingency at a later date. Greg said he will look into what is available in the County Road and Machinery reserve funds that could be used, but reminded the Legislature that they have used those reserve funds to balance the budget the last couple of years. VOTE: Passed 6-0. UNFINISHED BUSINESS: Acting Chairman Young brought up an issue from a committee meeting that needed to be addressed relative to the county tax auction. There is a parcel on the auction block that is a 150- acre woodland and one section of the land has $20-40,000 worth of timber on the parcel. The county has the option of keeping the property to harvest the timber, and then sell. MOTION by Legislator Bingell, to pull this parcel from the tax auction, harvest the timber and investigate leasing gas rights on the property, SECOND by Legislator Bleiler. Legislator Slusser said he is not comfortable getting into this business. There is potential revenue, but also a potential liability. Legislator Bleiler feels the Legislature has the obligation to manage the county’s property. Once the county owns this property, the Legislature should do whatever is financially beneficial for the taxpayers. He would like to give this a year and see what economic benefits might be available. Vote passed 5-1. No: Slusser. The Meeting adjourned at 1:28 p.m. Gail M. Hughey, Clerk
SPECIAL MEETING AUGUST 4, 2003
The August 4, 2003 Special Meeting of the Schuyler County Legislature was called to order at 1:15 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. MOTION by Legislator Bleiler to go into executive session to discuss union negotiations, SECOND by Legislator Larison. Motion carried eight ayes to zero noes. MOTION by Legislator Larison to come out of executive session, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. RESOLUTION NO. 294 Motion by Young, Second by Bingell. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Acting Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. Approval and Ratification of Collective Bargaining Agreement Covering Employees in the Schuyler County Administrative Unit. 2. Accept Tax Auction Bids VOTE: Passed 8-0. 108 SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 295 Motion by Larison, Second by Bingell. RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY ADMINISTRATIVE UNIT WHEREAS, representatives of the County have engaged in Collective Bargaining with the Civil Service Employees Association, Inc. for employees in the Schuyler County Administrative Unit, and WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years 2003-2006 was reached with respect to employees in the Schuyler County Administrative Unit, and WHEREAS, the President of the Administrative Unit CSEA has verbally confirmed on July 31, 2003 that the agreement has been duly ratified by the employees of the aforesaid bargaining unit; subject to written confirmation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby ratify and approve of the terms and contents of said collective bargaining agreement between the County of Schuyler and the Schuyler County Administrative Unit, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute the aforementioned agreement. VOTE: Passed 8-0. RESOLUTION NO. 296 Motion by Larison, Second by Bingell. RE: ACCEPT TAX AUCTION BIDS WHEREAS, the Schuyler County Treasurer is now holding tax deeds on certain properties which are three or more years delinquent in tax payments, and WHEREAS, the Schuyler County Legislature had contracted for the auction sale of these properties and such sale was conducted on July 26, 2003. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts, the following bids to wit: BIDDER'S NAME: T.S. Calkins & Associates, Inc. BIDDER'S ADDRESS: 9 Forman Street Bradford, PA 16701 AMOUNT OF BID: $16,500 FORMER OWNER: Valent Farms, Inc. TAX MAP #: 84.-1-28.2 PARCEL ID NUMBER: LOCATION: Town of Dix
BIDDER'S NAME: Richard Marion BIDDER'S ADDRESS: 6315 Route 227 Trumansburg, NY 14886 AMOUNT OF BID: $2,750 FORMER OWNER: Hooey Jr. Dorman & Dukes II, Charles TAX MAP #: 44.19-1-29 PARCEL ID NUMBER: 402-9023-00 LOCATION: Town of Hector Village of Burdett
BIDDER'S NAME: John W. Maloney BIDDER'S ADDRESS: 4042 Rte. 414 Burdett, NY 14818 AMOUNT OF BID: $2,050 FORMER OWNER: Hurd, Joanne TAX MAP #: 44.-1-56 PARCEL ID NUMBER: 401-1579-00 PROCEEDINGS OF THE YEAR 2003 109 LOCATION: Town of Hector
BIDDER'S NAME: Thomas A. Morgan BIDDER'S ADDRESS: 2427 Route 228 Odessa, NY 14869 AMOUNT OF BID: $7,200 FORMER OWNER: Kruger, Keith & Diane TAX MAP #: 13.-1-22.2 PARCEL ID NUMBER: 401-1614-01 LOCATION: Town of Hector
BIDDER'S NAME: James W. Mancil, Jr. & Cynthia A. BIDDER'S ADDRESS: 1946 County Route 16, P.O. Box 532 Beaver Dams, NY 14812 AMOUNT OF BID: $4,000 FORMER OWNER: Watkins, Doris TAX MAP #: 93.-1-5.2 PARCEL ID NUMBER: LOCATION: Town of Orange
BIDDER'S NAME: Gregory J. Katz BIDDER'S ADDRESS: 1238 Dreher Ave. Stroudsburg, PA 18360 AMOUNT OF BID: $21,500 FORMER OWNER: Brame, John C. & Deborah W. TAX MAP #: 64.-1-52 PARCEL ID NUMBER: 702-2212-00 LOCATION: Town of Reading , and BE IT FURTHER RESOLVED, the Schuyler County Attorney is directed to prepare appropriate deeds and documents pertinent to such conveyance within thirty days of this authorization, and BE IT FURTHER RESOLVED, the Chairman of the Schuyler County Legislature is authorized to execute such deeds and attending documents and the Schuyler County Treasurer is authorized to deliver such deeds and attending documents upon full payment of the bid purchase price balance to the County of Schuyler. VOTE: Passed 8-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 1:30 p.m. Gail M. Hughey, Clerk
REGULAR MEETING AUGUST 11, 2003
The August 11, 2003 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Slusser and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. WITHDRAWN RE: APPROVE MINUTES OF THE JUNE 9, 2003 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE - WITHDRAWN BE IT RESOLVED, that the minutes of the June 9, 2003 Regular Meeting of the Schuyler County Legislature be approved. 110 SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 297 Motion by Karius, Second by Young. RE: AUTHORIZE CONTRACT WITH SCHUYLER COUNTY PARTNERSHIP FOR ECONOMIC DEVELOPMENT (SCOPED) TO ADMINISTER THE REMAINING CANAL CORRIDOR INITIATIVE PROGRAM FUNDS WHEREAS, Resolution No. 388 of the year 2000 authorized a contract with SCOPED to administer the remaining Canal Corridor Initiative Program funds in an amount not to exceed $13,000, and WHEREAS, there are still some remaining funds to be administered for the Canal Corridor Initiative Grant in the amount of $6,467.09, and WHEREAS, SCOPED has been providing administrative services and has agreed to continue to provide these services at a cost not to exceed $4,000 for the remainder of the year. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County will provide to SCOPED remaining funds earmarked or allowable for program administration in the approved HUD grant, in an amount up to $4,000, and BE IT FURTHER RESOLVED, that the balance of the remaining administrative funds will be paid to the County for its administrative work done by the Treasurer’s Office, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with SCOPED for said administrative services through December 31, 2003; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 298 Motion by Karius, Second by Young. RE: AGREEMENT TO BE LOCAL SPONSOR FOR SNOWMOBILE TRAILS GRANT APPLICATION FOR SNOWMOBILE CLUBS FOR 2003-2004 WHEREAS, four local Snowmobile Clubs in the county wish to use the Schuyler County Government as their authorized local sponsor for their grants, and WHEREAS, the Planning Department would be the administrator of the grants and the County Treasurer would administer the grant funds, and WHEREAS, the Snowmobile Clubs will carry $1,000,000 in insurance with a copy filed in the Planning Office, and WHEREAS, the Department of Environmental Conservation (DEC) will issue the trail permits to the Snowmobile Clubs with the idea that there will be less needed grooming maintenance for the trails. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to be the authorized local sponsor for four local Snowmobile Clubs in the county in the pursuit of Snowmobile Trails Grant funds, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the grant application. VOTE: Passed 8-0. RESOLUTION NO. 299 Motion by Karius, Second by Young. RE: A RESOLUTION TO ADOPT THE REVISIONS TO AGRICULTURAL DISTRICT #1 COMPRISING CERTAIN LANDS IN THE TOWNS OF HECTOR AND MONTOUR WHEREAS, the Schuyler County Legislature adopted Schuyler County Agricultural District #1 on May 8, 1995, comprising certain lands in the Towns of Hector and Montour, pursuant to Section 303 of Article 25AA of the Agriculture and Markets Law of New York State, and WHEREAS, Resolution # 195 of 1995 provided for an 8-year review period of Agricultural District #1, and WHEREAS, the initial Agricultural District #1 was reviewed, commented on, and recommended for expansion by the Schuyler County Planning Commission and the Schuyler County Agricultural and Farmland Protection Board as required, revised by the staff of Cornell Cooperative Extension as necessary, and forwarded to the Legislature for consideration of approval, and WHEREAS, all affected landowners were notified of the proposed expansion of Agricultural District #1, and given the option of exclusion, and PROCEEDINGS OF THE YEAR 2003 111 WHEREAS, subsequently, the Schuyler County Legislature advertised for and conducted a public hearing regarding the proposed expanded district on June 16, 2003; and at which time positive comments were received, and WHEREAS, the modified Agricultural District #1 proposal has been presented to the Schuyler County Legislature at this regular meeting on August 11, 2003, and WHEREAS, The New York State Agricultural Districts Law, enacted in 1971, has been the state’s most effective tool for maintaining lands in agriculture and which recognizes that agricultural lands are an important and irreplaceable resource, that they are being lost due to development, high costs of doing business, and regulatory restraints, and that certain actions can be taken to retain lands in agriculture. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the modified Schuyler County Agricultural District #1 proposal. This plan includes 51,000 acres comprised of active farms and viable farm lands in the Towns of Hector and Montour and, to the extent feasible, excludes non-viable farmland and non-farm land, and BE IT FURTHER RESOLVED, that the review period for Agricultural District #1 shall be eight years, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall cause this adopted plan for Agricultural District #1 to be forwarded to the New York State Commissioner of Agriculture and Markets for certification pursuant to Section 303 of Article 25AA of the Agriculture and Markets Law of New York State. VOTE: Passed 8-0. RESOLUTION NO. 300 Motion by Bingell, Second by Yuhasz. RE: AMEND AGREEMENT WITH THE UNIVERSITY OF ROCHESTER FOR EQUIPMENT RENTAL OF A CENTRAL STATION - PUBLIC HEALTH WHEREAS, the University of Rochester is providing monitors for the HomMed System to track patients vital signs in their homes, and WHEREAS, a Central Station is required to process and record the information from patients, and WHEREAS, the University of Rochester is subleasing the Central Station to Public Health. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to amend the agreement with the University of Rochester to include the rent of the Central Station, at a cost of $195.00 per month, in an amount not to exceed $4,680, for two years from the date of the Agreement, funding being available in account number 4010.490, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 301 Motion by Bingell, Second by Yuhasz. RE: RECOGNIZE SEPTEMBER AS NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH - MENTAL HEALTH WHEREAS, Recovery Month reaffirms the crucial role of substance abuse treatment in our nation to reduce illicit drug use and addition and promote recovery, and WHEREAS, those who have overcome adversity and now serve as an inspiration to those individuals and their families who still struggle with the challenge of substance abuse, and WHEREAS, to promote recovery the President has proposed a new three-year, $600 million initiative that puts substance abuse treatment within reach of all Americans who need it. NOW, THEREFORE, BE IT RESOLVED, that the Legislature recognizes and deeply appreciates those who help others in need of treatment, the importance of their work and their commitment to assisting in the attainment and sustained recovery of substance abusers. VOTE: Passed 8-0. RESOLUTION NO. 302 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS FOR HEALTHY HEART WORKSITE MINI GRANT - PUBLIC HEALTH WHEREAS, the Healthy Heart Worksite Mini Grant Budget listed $602.50 for Personal Services, and WHEREAS, this amount needs to be adjusted to reflect the additional Personal Services time. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer 112 SCHUYLER COUNTY LEGISLATURE $187.50 from account no. 4010.429-Supplies to 4010.100-Personal Services for the aforementioned grant. VOTE: Passed 8-0. RESOLUTION NO. 303 Motion by Bingell, Second by Bleiler. RE: AMEND AGREEMENT WITH HUMAN SERVICE DEVELOPMENT FOR EMERGENCY (BIOTERRORISM) PLANNING – PUBLIC HEALTH WHEREAS, the Public Health Department has an agreement with Human Service Development to provide emergency (bioterrorism) planning, and WHEREAS, the work needed to provide the Public Health Department with emergency planning and preparation services has required more work than anticipated, and WHEREAS, the agreement with Human Service Development needs to be increased by $5,000 in order to continue services provided with regard to emergency (bioterrorism) planning. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an amendment to the agreement with Human Service Development for an additional $5,000, funds being available in the 2003 Budget, account no. 4010.400-4018, subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 304 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AGREEMENT WITH RICHARD KWITEK FOR OUTCOME EVALUATION OF HOME MONITORING SYSTEM AND AMEND BUDGET – PUBLIC HEALTH WHEREAS, the Public Health Department has begun implementation of home telemonitoring in their home care nursing services, and WHEREAS, part of the implementation involves planned outcome assessment by an outside party to ensure the goals and objectives of this project are monitored and reported on, and WHEREAS, the S2AY Rural Health Network has made available a grant, in the amount of $4,280.00, to use for this purpose, for the period July 1, 2003 through December 31, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Richard Kwitek to provide outcome assessment and evaluation of the home telemonitoring system, for the period July 1, 2003 through December 31, 2005, in an amount not to exceed $4,280.00, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to amend the 2003 County budget as follows: ACCOUNT NO. AMOUNT DESCRIPTION 4010.435 +$4,280 Professional Fees & Services 4010-1689 +$4,280 Other Health Dept. Income VOTE: Passed 8-0. RESOLUTION NO. 305 Motion by Bingell, Second by Bleiler. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES WHEREAS, the Management/Confidential Salary Plan states that the salary ranges may be increased each year by the rate of the Cost of Living Adjustment (COLA) from the July Bureau of Labor Statistics Data Report, Consumer Price Index, and applied using the same methodology as the Federal Government, and WHEREAS, the COLA for the period April-May-June, 2003 was determined to be 2.8%. NOW, THEREFORE, BE IT RESOLVED, that the Factor Rating System and Salary Ranges chart shall be amended to reflect this change as per attached chart, effective January 1, 2004. FACTOR RATING SYSTEM AND SALARY RANGES POINTS GRADE MIN MID MAX______1026 - 1100 M 63,881 72,468 81,074 951 - 1025 L 58,963 67,561 76,160 876 - 950 K 54,049 62,648 71,248 801 - 875 J 49,135 57,735 66,334 PROCEEDINGS OF THE YEAR 2003 113 726 - 800 I 44,223 52,822 61,420 651 - 725 H 39,309 47,293 55,279 576 - 650 G 35,623 44,223 52,822 501 - 575 F 33,166 41,151 49,135 426 - 500 E 30,710 38,080 45,450 351 - 425 D 28,254 35,010 41,767 276 - 350 C 25,797 31,938 38,080 202 - 275 B 23,340 29,482 35,623 0 - 201 A 20,803 27,024 33,166 VOTE: Passed 8-0. RESOLUTION NO. 306 Motion by Bingell, Second by Bleiler. RE: DECLARE EQUIPMENT SURPLUS – HUMAN RESOURCES DEPARTMENT WHEREAS, the Human Resources Department has a computer and monitor, which are no longer usable. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said computer and monitor surplus, and BE IT FURTHER RESOLVED, that the Coordinator of Information Technology Services remove said computer and monitor and place them in storage for inclusion in the annual County Auction. One (1) Midwest Micro Monitor S/N 67IIC0414091 One (1) Midwest Micro Computer S/N 70064358 VOTE: Passed 8-0. RESOLUTION NO. 307 Motion by Bingell, Second by Bleiler. RE: RESOLUTION AUTHORIZING NON-SCHUYLER COUNTY GOVERNMENT POLITICAL SUBDIVISIONS TO PARTICIPATE IN COUNTY PURCHASE CONTRACTS WHEREAS, Schuyler County is entitled to purchase material, equipment, or supplies from the New York State Division of Standards and Purchase or directly from the New York State Vendor, pursuant to New York General Municipal Law, Section 104, and WHEREAS, Non-Schuyler county Political Subdivision and others authorized by state law located in whole or in part in Schuyler County are authorized to make purchases for material, equipment or supplies through Schuyler County’s Contract, subject to certain rules, pursuant to New York State General Municipal Law, Section 103 (a), and WHEREAS, it is desired at this time to allow Non-Schuyler County Political Subdivisions and others authorized by New York State Law and located wholly or in part in Schuyler County to make purchases through Schuyler County on certain contracts, at the option of Schuyler County provided that the Non-Schuyler County Political Subdivisions comply with all promulgated rules and regulations. NOW, THEREFORE, BE IT RESOLVED, that Non Schuyler County Political Subdivisions, and others authorized by New York State Law and located wholly or in part in Schuyler County, are authorized, at the discretion of the Schuyler County Purchasing Department, to make purchases through Schuyler County on certain contracts provided that the Non-Schuyler County Political Subdivision and others authorized by State Law complies with all rules and regulations as set forth in the attached Exhibit “A” and comply with all requirements in New York State General Municipal Law, Section 103 (3) and New York County Law, Section 408-a(2). EXHIBIT “A” EXTENSION OF CONTRACT TO NON-SCHUYLER COUNTY GOVERNMENT AGENCIES It is the intent, of this invitation for bid, that Non-Schuyler County Government Political Subdivision, any Schuyler County Departments, and other authorized by law and located in the County of Schuyler, Participate in the contract at the option of the Vendor/Contractor. The Vendor/Contractor may be given a list of know agencies wanting to participate by the Schuyler County Purchasing Department. The Vendor/Contractor is also encouraged to contact and solicit other Non- Schuyler County Government Political Subdivisions to participate in this contract. The Vendor/Contractor will 114 SCHUYLER COUNTY LEGISLATURE provide Schuyler County Purchasing Department with correspondence naming any authorized agency wanting to participate. The Schuyler County Purchasing Department will furnish a list of all participating agencies to the local office of the New York State Comptroller. The ordering Non-Schuyler County Government Political Subdivisions will place all orders. They shall be billed by and make payment to the Vendor/Contractor. All Non-Schuyler County Government Political Subdivisions are required to make payments directly to the Vendor/Contractor. Upon request, Non-Schuyler County Government agencies must furnish the Vendor/Contractor with the proper tax exemption certificates or documentation of tax-exempt status. (Purchase orders should have this information and be retained for documenting the tax-exempt sale.) All participation Non-Schuyler County Government agencies and Bidders understand, acknowledge and agree that the sole responsibility in regard to the performance of the contract, or any obligation, covenant, condition or term thereunder by either party there-to, shall be borne and is expressly assumed by the participating Non-Schuyler County Government agencies and contractors and not by Schuyler County Government. In the event of a failure or breach in performance of any such contract by a Non-Schuyler County Government agency or contractor, the Schuyler County Government specifically and expressly disclaims any and all liability for such defective performance or breach, and the eligible participation Non-Schuyler County Government agencies and contractors guarantee to save Schuyler County Government, its officers, agents and employees harmless from any liability that may be or is imposed by failure of either party to perform in accordance with its obligations, covenants, and the terms and conditions of this Schuyler County Government centralized contract. DISCUSSION: Legislator Young asked if this Resolution excludes Cornell Cooperative Extension and the Soil and Water Conservation District. Attorney Coleman said expanding this authority beyond the current language should be done on a case-by-case basis. Legislator Larison reported that Soil and Water is already able to purchase off State contract. VOTE: Passed 8-0. RESOLUTION NO. 308 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE LEASE AGREEMENT WITH FAMILIES FIRST PROGRAM- BUILDINGS AND GROUNDS WHEREAS, the Families First program has been created and now occupies Suite 304 in the Rural Urban Center, and WHEREAS, the annual rent will be $9.00 per square feet and will be pro rated for three quarters of the year to be paid in quarterly payments of $1,989. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with Schuyler County Families First for rental of 884 square ft. in Suite 304 of the Rural Urban Center at a cost of $9.00 per square feet annually, said lease to run from April 1, 2003 through December 31, 2003; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 309 Motion by Bingell, Second by Yuhasz. RE: ADOPT AN AMENDED SCHUYLER COUNTY CELLULAR PHONE POLICY WHEREAS, a Cellular Phone Policy was adopted in 1996 and has had many amendments made to it since then, and WHEREAS, the Public Works Committee has suggested that the Building Maintenance Supervisor remove himself from the whole cellular phone procedure, and WHEREAS, it is recommended that the jurisdictional committee of each department shall make the decision to approve cell phone purchases and the Purchasing Agent shall be in charge of ordering, billing and overall monitoring. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby adopt an amended Cellular Phone Policy as follows and that this policy supersede any and all policies relative to cellular phone use: SCHUYLER COUNTY CELLULAR PHONE POLICY INTRODUCTION PROCEEDINGS OF THE YEAR 2003 115 Schuyler County has a number of Departments that have employees who are regularly in the field and out of telephone contact. For a variety of reasons, including those of both a programmatic and safety nature, these employees should be able to be in direct contact with both their main offices and emergency personnel. POLICY Benefits can be gained, by the County, in both adopting and implementing a policy addressing cellular phones and their controlled and limited usage within specific Schuyler County Departments. To implement the above mentioned policy, the Chairman recommends that the following procedures be simultaneously adopted. These procedures address a number of issues and are presented below. SCOPE This procedure establishes the cellular phone acquisition and usage policy for Schuyler County. ASSESSMENT OF NEEDS County Departments need to be approached to more accurately ascertain the usefulness and need for this technology in their operations. If the use of a cellular phone(s) appears to be warranted, the Department Head will be required to submit a written justification of need in a prescribed format. This justification will be submitted for each cellular phone requested. This written documentation will be submitted to their committee, and requires a committee motion for approval. In making this determination of need, it is suggested that the following factors be used as measures of this need. These factors would include: frequency of travel in isolated areas of Schuyler County, nature of work performed, need to have immediate contact with a main office, safety issues, productivity issues, funding available and general usefulness to departmental operations. Once approved by the Departments Committee a cellular telephone can be ordered as set forth below and placed into use with the department. Each time a new cellular phone is requested this process is to be followed. SELECTION OF A VENDOR The Purchasing Agent shall review cell phone costs and providers from time to time and make recommendations to the legislature based on best service for our area and best cost and features provided. If change is recommended by the Purchasing Agent it shall be taken to the committee for approval. All County purchases of cellular telephones and related service and operating plans shall be made by the Purchasing Agent. Purchases will be made by the Purchasing Agent pursuant to a purchase requisition signed by the Department Head. The appropriate Committee approval shall be attached to the purchase requisition. The Purchasing Agent shall maintain necessary records showing the number and type of cellular phones purchased, to whom the phones were assigned and the unassigned phones in inventory, if any. ASSIGNMENT OF CELLULAR PHONES Phones are to be assigned based on their approved usage. Each phone should be assigned a separate number. When and wherever possible cellular phones within a department should be assigned to an individual. Individuals assigned phones will be required to sign a Cellular Phone Letter of Agreement. A copy of this proposed form is included as Attachment #1. The assignment of cellular phones will not be deemed a term or condition of employment. TRAINING Employees need to be trained in the use of cellular phones. Department Heads will have the responsibility of insuring that employees are adequately trained in the proper use of this equipment and the policies governing their use. USE IN VEHICLE County employees while operating a vehicle shall not use a cell phone, except those in law enforcement. MONITORING OF PHONE USAGE The use of County-owned cellular phones will be for official county business only and only when the use of other communications equipment, such as standard telephones, call boxes, two-way radios, etc., is not feasible in the effective execution of official county duties. Schuyler County should absorb the actual costs of cellular phone usage by approved units and employees. County issued cellular phones are not to be used for personal or any other business, unrelated to the user's official county duties. 116 SCHUYLER COUNTY LEGISLATURE Individuals supervising employees who are assigned cellular phones have the most knowledge of the anticipated business usage of these phones. Because of this working knowledge, the monitoring of cellular phone usage should be done at the lowest supervisory level appropriate. These supervisors should be provided monthly with a duplicate copy of the telephone bill. This bill should be shared with the actual employee using the cellular phone. To aid in the monitoring of cellular telephone usage, each affected department will be required to establish a revenue/appropriation(s) sub-account(s) in their respective County budget(s) where all cellular telephone usage costs are to be recorded. During the annual budget review process, the Purchasing Agent will provide the County Legislature with summary information on usage of cellular phones in the county. CONFIDENTIALITY Cell phones are not a secure way of communicating as there are monitoring devices on the market that can pick up their signal. Each Department shall instruct their employees as to the type of information that cannot be discussed over a cell phone. ENFORCEMENT If it is found that a county issued cellular phone has been used for personal or any other business, unrelated to the execution of official county duties, the said user will be subject to the following actions: 1. Directed to reimburse the county for the total cost of personal and other cellular phone use, unrelated to official county business; and 2. Subject to disciplinary action at the discretion of the Appointing Authority. IN SUMMARY The usage of cellular telephones by selected County Departments on a limited and controlled basis can be beneficial to county administration, employees and the general population of the county we all serve. It is felt that limited implementation of this technology can be an important and even invaluable tool that should be made available in selected instances. With adequate supervision and monitoring, it is felt that this tool can increase both employee productivity and simultaneously reduce employee safety concerns. The following are Public Safety issues, which are to be made part of the policy: Priority criminal investigations sometimes demand many long hours of consecutive work. There are never two cases, which are alike which can compare with regard to past use of the phones. Example - calls to home for notifications, calls to order food during stakeouts, calls regarding baby-sitter arrangements while on stakeouts are three thoughts, which come to mind. The Schuyler County Sheriff would normally not hesitate to approve the use of a phone for these types of calls for anyone working a detail. NARCO work which the Sheriff Department gets involved with is unpredictable and takes place at very strange hours. Informants have been given our cell phone numbers in the past and in turn the department also call informants for information. The Sheriff would disapprove of governmental officials outside of the Schuyler County Sheriff Department making inquiries on phone numbers, which might jeopardize a significant case. The phones used by CID are extremely beneficial and it sometimes is more efficient to use the phone while continuing to work a case rather than stop and search for a land based phone. In many cases CID utilizes the cell phones for what some people might feel are unnecessary calls. A basic call from a Schuyler County Sheriff Department member for the purpose of briefing someone on a search warrant, which is going down is an example. Again, not making this type of call will not stop us from performing our work but it is certainly good practice and covers our bases. The Schuyler County Sheriff is very cost minded with regard to the use of cellular phones and our present SOP appears to be effective. He is, however, concerned that they may get restricted to the point that they spend too much time justifying their actions and not performing their duties. In the 1970's law enforcement operated adequately without cellular telephones. In the 1990's technology, in the hands of the criminals, has advanced to the point that tools such as the cellular telephones are extremely important in our effort to keep up. ATTACHMENT #1 LETTER OF AGREEMENT PROCEEDINGS OF THE YEAR 2003 117 Schuyler County is assigning you this cellular telephone for work related activity with the following understanding: 1) I will be responsible for reading the cellular phone operation manual and utilize the same in operating the cellular phone. 2) Utilization of this cellular phone will be my sole responsibility as the assigned employee of record. 3) This phone is being assigned to me for official county business only. The phone number should be discreetly shared with non-employees only as this is relevant and necessary for work. 4) Every effort will be made to limit calls to under three (3) minutes in duration. 5) I have the responsibility, on a monthly basis, to review my cellular telephone bill with my supervisor. 6) The assignment of a cellular phone will not be deemed a term or condition of employment. The assignment and withdrawal of a cellular phone is at the discretion of the Department Head. 7) I am aware that conversations are easily monitored and therefore will avoid discussions involving confidential issues in so much as the individual situations allow. I, the undersigned, have read and understand the conditions of having a cellular telephone and agree to abide by the policy, procedures and rules established and approved for such assignment. I realize that any violation of this agreement may result in the removal of this tool and/or disciplinary action. Employee's Name (printed): Employee's Signature: Cellular Phone # Assigned: Serial # of Cellular Phone: Date: VOTE: Passed 8-0. RESOLUTION NO. 310 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE MAINTENANCE AGREEMENT WITH BOUILLE ELECTRIC, INC. – BUILDINGS AND GROUNDS WHEREAS, Schuyler County has an uninterrupted power source (UPS), which includes generators that need to be maintained to provide 24/7 emergency communications, and WHEREAS, funding for the maintenance of this equipment has been appropriated into the 2003 budget as follows: ACCOUNT NO. DESCRIPTION AMOUNT 1620.400 911 Center Generator $ 436.00 5131.457 Highway Generator $ 436.00 3689.435 Terry Hill Generator $ 436.00 3689.435 911 Center UPS $1,915.00 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a maintenance agreement with Bouille Electric, Inc. to provide UPS maintenance and service for the period of September 1, 2003 to December 31, 2004 at a total cost of $3,223.00; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 311 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE COMPUTER – HIGHWAY DEPARTMENT WHEREAS, there is a need for a computer in the Highway Garage, and there are funds available in the 2003 Machinery Budget in account no. 5130.438-Supplies for said purchase. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $1,500.00 from account no. 5130.438-Supplies to account no. 5130.207-Computer. VOTE: Passed 8-0. RESOLUTION NO. 312 Motion by Karius, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH PSI, INC. FOR DRILLING SERVICES – HIGHWAY DEPARTMENT 118 SCHUYLER COUNTY LEGISLATURE WHEREAS, there is a need for test boring at the County Road 23 Culvert replacement site, and WHEREAS, Hunt Engineers had requested proposals from four (4) companies, and WHEREAS, PSI, Inc. submitted the lowest responsible quote, and it is upon the recommendation of Hunt Engineers that we accept this quote. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of Legislature be authorized to sign the acceptance proposal from Professional Service Industries, Inc., for test borings at the CR-23 culvert replacement site for a sum not to exceed $1,750, funding available in the 2003 Bridges budget, account number 5020.400; contract subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 313 Motion by Karius, Second by Bingell. RE: RESOLUTION TO APPROVE APPLICATION FOR REFUND OF TAXES – HUBBARD WHEREAS, application for a refund of 2000, 2001, 2002, and 2003 real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL) stating that an amount of $99.22 was incorrectly placed on the 2001 County/Town tax roll, $95.94 on the 2002 tax roll, and $273.59 on the 2003 tax roll for parcel 84.-1-24 in the Town of Dix, and WHEREAS, the Real Property Tax Director has reviewed the application and has determined that this error constitutes an error in essential fact as defined in Section 550(3)(a) of the RPTL, and has recommended that the application be approved. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby rejected for the 2000 tax roll, and approved for the 2001, 2002, and 2003 tax roll and that the 2001 County/Town tax roll be corrected to reflect a tax due amount of $17.72, the 2002 tax roll be corrected to reflect a tax due amount of $17.14, and the 2003 tax roll corrected to reflect a tax due amount of $35.49 for the above parcel, and that the Warrants be adjusted accordingly, and BE IT FURTHER RESOLVED, that the County Treasurer charge the Reserve for Uncollectible Taxes for $269.89, and the Town of Dix for $128.51 for the Town tax, and BE IT FURTHER RESOLVED, that a refund of $160.30 is due for the 2001 and 2002 taxes, leaving the 2003 tax of $35.49 plus interest and penalties due, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to the Town of Dix Tax Collector. VOTE: Passed 8-0. RESOLUTION NO. 314 Motion by Karius, Second by Bingell. RE: AUTHORIZE LETTER OF INTEREST FOR PARTICIPATION IN THE STATE-WIDE WIRELESS NETWORK WHEREAS, the New York State Office for Technology is requesting Letters of Interest from counties regarding their participation in the Statewide Wireless Network, and WHEREAS, said Letter of Interest is not a commitment on behalf of the County, nor does it dictate at what level Schuyler County shall participate in the program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to send a Letter of Interest to the New York State Office for Technology indicating that Schuyler County may be interested in participating in the Statewide Wireless Network, said level of participation to be determined at a later date. VOTE: Passed 8-0. RESOLUTION NO. 315 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZATION FOR CHAIRMAN TO SIGN COMMITMENT LETTER WITH NEW YORK STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES- PROBATION WHEREAS, the Schuyler County Probation Department recently received a letter from the New York State Division of Probation and Correctional Alternatives concerning timely submission of monthly and quarterly reports, requiring these in order to be eligible for receipt of prompt State Aid, as well as other required documentation, and WHEREAS, the County of Schuyler has always relied on this State Aid to partially fund the Probation Department. PROCEEDINGS OF THE YEAR 2003 119 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign said letter and have it submitted to the New York State Division of Probation and Correctional Alternatives, upon approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 316 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZATION TO APPLY FOR BYRNE ANTI-DRUG FUNDS – SHERIFF’S DEPARTMENT WHEREAS, monies have been made available from the Federal Edward Byrne Program through Senator John R. Kuhl’s Office to assist communities in fighting juvenile crimes connected with drugs and alcohol. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County Sheriff to submit a grant application for Federal Edward Byrne Program funds, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County Sheriff be hereby authorized to accept any approved Byrne Anti-Drug funds and sign any necessary documents for said funds, estimated to be $22,500 with the 25% match money to be taken from the Sheriff’s Seized Assets Reserve Account; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 317 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF VEHICLE FROM SHERIFF’S DEPARTMENT TO CENTRAL GARAGE FOR USE BY THE OFFICE OF EMERGENCY MANAGEMENT WHEREAS, the Sheriff’s Department has a 1999 Ford Crown Victoria, VIN 2FAFP7W4XX194051, that is no longer of use to the department, and WHEREAS, there is a need by the Office of Emergency Management to utilize this vehicle on a regular basis, and WHEREAS, the Public Safety/Criminal Justice Committee supports the idea of assigning this vehicle to the Office of Emergency Management. NOW, THEREFORE, BE IT RESOLVED, that the above, mentioned vehicle be transferred to Central Garage for use by the Office of Emergency Management. VOTE: Passed 8-0. RESOLUTION NO. 318 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE STOP DWI PLAN FOR 2004 – SHERIFF’S DEPARTMENT WHEREAS, the County of Schuyler is participating in the New York State STOP-D.W.I. Program, and WHEREAS, participation in said program is totally reimbursed by the State of New York. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby adopts and approves the 2004 STOP-D.W.I. Program Plan, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign said Plan; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 319 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE TEMPORARY INCREASE IN HOURS OF TYPIST/KEYBOARD SPECIALIST – EMERGENCY MANAGEMENT WHEREAS, the Office of Emergency Management has received a Local All-Hazard Comprehensive Emergency Management Planning Grant, and WHEREAS, the Typist/Keyboard Specialist in said department has offered to have her hours increased on a temporary, as-needed basis for a period of five months to carry the extra workload of administering the above mentioned grant, and WHEREAS, there are funds available from the grant, in account no. 3689.100-3681, to allow for the above to occur. NOW, THEREFORE, BE IT RESOLVED, that the hours for the Typist/Keyboard Specialist be increased from 35 to 40 hours per week on a temporary, as-needed basis for a period of five months, effective immediately, to be paid strictly from grant funds. 120 SCHUYLER COUNTY LEGISLATURE VOTE: Passed 8-0. RESOLUTION NO. 320 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS FOR HEALTH CARE COMPLIANCE ENTERPRISE FOR HIPAA ASSESSMENT WHEREAS, Resolution No. 228-03 authorized a contract with Health Care Compliance Enterprise, LLC for a HIPAA assessment, and WHEREAS, said resolution stated that the Department of Social Services would pay a portion of the $10,000 contract with the remainder of the balance to be taken from Contingency at a later date once it is determined what Departments will have to comply, and WHEREAS, the Department of Social Services has paid their share of $5,000 and it is the recommendation of the County Treasurer and County Auditor that the remaining $5,000 be transferred into one account for payment since there is no benefit, such as capturing additional state aid, by dividing up the bill among the involved departments. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer $5,000 from Contingency account no. 1990.500 to Legislative account no. 1010.435 to pay for the remainder of the above referenced contract. VOTE: Passed 8-0. RESOLUTION NO. 321 Motion by Bingell, Second by Slusser. RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two (2) Resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 322A Motion by Yuhasz, Second by Bingell. RE: MOTION TO AMEND RESOLUTION NO. 322 - FAILED BE IT RESOLVED, that Resolution No. 322 be amended to offer a Memorandum of Understanding to both the Schuyler County Deputy Sheriff’s Association and the CSEA, Inc. Highway Department Unit to accept or deny an increase in mileage reimbursement. DISCUSSION: Legislator Bleiler asked why they would voluntarily increase the mileage rate during the course of the present contract with the Sheriff and Highway units. Legislator Larison said it only seems fair to him. Legislator Yuhasz said this is a negotiated item with the unions and if done, should be negotiated through a Memorandum of Understanding with each unit. VOTE: Failed 4-4. Noes: Slusser, Karius, Bleiler, Gifford. RESOLUTION NO. 322 Motion by Bingell, Second by Young. RE: AUTHORIZE ALL AUTHORIZED COUNTY TRAVEL MILEAGE TO BE PAID AT THE RATE OF $.37.5 PER MILE FOR ALL COUNTY EMPLOYEES - FAILED WHEREAS, effective August 4, 2003 all authorized county travel mileage shall be paid at the rate allowed of $.37.5 per mile for all county departments, excluding Sheriff and Highway, and WHEREAS, this increase change was ratified with the Civil Service Employees Association, Inc. for employees in the Schuyler County Administrative Unit in their new contract for the term January 1, 2003 through December 31, 2006, and WHEREAS, the Legislature feels that all county employees, including these in the Highway Department and the Sheriff’s Department should also be entitled to the same rate. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes that all authorized county travel mileage shall be paid at the rate allowed of $.37.5 per mile for all Schuyler County employees, effective August 4, 2003, and BE IT FURTHER RESOLVED, that it is understood that at such time as the County expands the vehicle fleet and provides employees with access to County vehicles for work-related travel, whenever possible the employee is expected to use a fleet vehicle unless one is not available. VOTE: Failed 2-6. Noes: Slusser, Karius, Bleiler, Bingell, Yuhasz, Gifford. RESOLUTION NO. 323 Motion by Bingell, Second by Young. RE: AUTHORIZE DEFENSE – COOK –VS- COUNTY OF SCHUYLER, ET AL PROCEEDINGS OF THE YEAR 2003 121 WHEREAS, a former employee has filed a civil rights suit against the County of Schuyler, and WHEREAS, a former employee whose defenses may be incompatible with the county’s defenses to the lawsuit is a defendant in such suit, and WHEREAS, Resolution No. 25 of 1991 and Section 18 of the General Municipal Law require the county to provide defense and indemnification for employees, WHEREAS, such potential defenses would be incompatible with both the roles of the County Attorney’s Office and insurance counsel, both of whom recommend separate defense. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Attorney is hereby authorized to arrange separate defense representation, as set forth above, subject to the County Attorney negotiating a reasonable retainer agreement, and the Chairman of the Legislature signing upon the County Attorney’s recommendation and concurrence of the Schuyler County Treasurer, and BE IT FURTHER RESOLVED, that there are funds available in the 2003 Budget account no. 1930.400- Judgement and Claims, to pay for said services. VOTE: Passed 8-0. NEW BUSINESS: Chairman Gifford said he would like to discuss code enforcement relative to the inspection of properties for tax auction. He was directed to call Yates County and found out that they do not inspect their tax auction properties, they check with the Health Department and the Department of Environmental Conservation (DEC). They send someone to take a look at the property and that someone could be the Real Property Tax Agency Director. He does not feel the county needs a code enforcement officer for this purpose. He feels a call to the Health Department and to DEC would suffice. Legislator Karius asked why he did not check with Seneca County. Legislator Bleiler explained that Tom Bloodgood, Real Property Tax Director, surveyed his Association of Real Property Tax Directors and shared the results of the survey with the legislators. Chairman Gifford suggested giving the Treasurer the list of properties to give to the Public Health Department and then give it to DEC to see if there are any issues. If nothing comes up then send someone out to look at the property. Attorney Coleman said the most knowledgeable person on the ground should do the inspections. Since 1996, the former Emergency Management Coordinator was qualified to do this job and he feels he did it quite efficiently. Chairman Gifford said inspecting county buildings is another topic for a future discussion. This discussion is just relative to tax properties. He asked if anyone has any problem with what he is suggesting. The Treasurer said she has not seen the spreadsheet on what other counties do and asked if the County Attorney was comfortable with this. Attorney Coleman feels they have been very diligent on screening properties, having six departments involved. He does not feel we have any problems. If you press the issue to the corner, we do not need a qualified Code Enforcement Officer (CEO) to inspect these properties. Chairman Gifford said they need to foreclose on properties in September. Attorney Coleman asked who will look at the property if the DEC or Health Department has a problem with it? Who will fulfill the last function? Chairman Gifford said if there is a problem, the county should not take ownership. Legislator Bleiler suggested that the Chairman of the Legislature, the County Attorney, the Treasurer and the Real Property Tax Director decide what to do and make a plan. Chairman Gifford said according to the County Attorney, the Treasurer has the sole enforcement authority of the Real Property Tax law. The Treasurer said she is not comfortable with how some of the other counties handle their inspections. Chairman Gifford asked if the former Emergency Management Coordinator contacted DEC and the Health Department with issues. He does not feel the county needs a certified CEO to do this. He further asked how many properties are involved at this point. The Treasurer said about twenty-five properties. She commented that she was not aware that this was going to be discussed tonight. After further lengthy discussion, a motion was made by Legislator Bleiler to deal with this issue at the next Management and Finance Committee meeting. Motion failed for lack of a second. Chairman Gifford requested that the Treasurer come back to the Legislature with a recommendation and they will call a special meeting if necessary to take any necessary action. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: 122 SCHUYLER COUNTY LEGISLATURE Legislator Young reported on the Community Development and Natural Resources Committee. The Town of Dix Water/Sewer District is now in place. Legislator Larison reported on the Public Safety/Criminal Justice Committee. He asked if there was any action being taken on the letter from Jim Halpin regarding the Montour Falls Moose Club. Chairman Gifford said he has talked to Mike Donnelly and George Roets. It is being discussed and the wheels are in motion. George Roets explained that a business that wants a waiver from the smoking ban can come to the Public Health department, but they make the request to the district office first. He has that information available. The State of New York is saying that they do not grant waivers and the law is unclear. There are a couple of injunctions moving through the process currently. That is all we know at this point. Legislator Bingell reported on the Public Works Committee. She reported on the flooding a couple of weeks ago. It took out a bridge on County Route 16 and in other areas. The Highway Department is working with the Soil and Water Conservation District. The Federal Emergency Management Agency and the State Emergency Management Office were both here to look at the damage from last week. There are still some problems in the Beaver Dams area. PUBLIC PARTICIPATION: Ray Towner, who resides at 2130 on County Route 20 in Beaver Dams, reported that his back yard has been flooded for three weeks now since the flood. He does have permission from the railroad to dig a ditch. He has the backhoe and requested 150 ft. of pipe to put in the hole. This will help drain seven properties. He will do all the work. The railroad will take the safety lock off the drain until he is done. He went to the Town of Dix this morning and they said it is up to the County. The Watershed department was also there, but can only deal with issues relative to the septic system. Legislator Young asked where the water would be drained. Mr. Towner said it would drain to the schoolhouse creek. The Department of Environmental Conservation (DEC) has a hazardous response team there now for an oil spill. He is just asking for 150 feet of pipe from the county. Chairman Gifford explained that the county is not allowed to donate or give items to an individual for his property. Mr. Towner reiterated that doing this would benefit seven property owners. Chairman Gifford said the county can only do things on the road right-of-way and Attorney Coleman explained that it is illegal for the county to do otherwise. Legislator Bleiler asked if the railroad is responsible. It seems like the Town of Dix Health Officer should have the authority to tell the railroad to clean out their ditch. Attorney Coleman said the Department of Transportation (DOT) has jurisdiction over intrastate railroads. He suggested that someone tell DOT to act against the railroad, assuming the railroad drainage is the problem. Legislator Karius suggested dividing the cost of the pipe amongst the landowners. Legislator Bleiler also suggested that Mr. Towner ask DOT if they might be able to assist. The Meeting adjourned at 7:48 P.M. Stacy B. Husted, Deputy Clerk
SPECIAL MEETING AUGUST 28, 2003
The August 28, 2003 Special Meeting of the Schuyler County Legislature was called to order at 10:30 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present, except Legislators Bleiler and Yuhasz who were excused. Assistant County Attorney Morris was also present. PUBLIC PARTICIPATION: None. MOTION by Legislator Larison to go into executive session to discuss the work history of a particular employee, SECOND by Legislator Bingell. Motion carried six ayes to zero noes. MOTION by Legislator Bingell to come out of executive session, SECOND by Legislator Larison. Motion carried six ayes to zero noes. RESOLUTION NO. 324 Motion by Larison, Second by Bingell. PROCEEDINGS OF THE YEAR 2003 123 RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. Resolution Of The Legislature Of The County Of Schuyler, Increasing The Rate Of Taxes On Sales And Uses Of Tangible Personal Property And On Certain Services, And On Occupancy Of Hotel Rooms, Amusement Charges And Club Dues, Pursuant To Article 29 Of The Tax Law Of The State Of New York And Exempting Certain Residential Energy Sources And Services From Such Additional Rate Of Tax VOTE: Passed 6-0. RESOLUTION NO. 325 Motion by Bingell, Second by Larison. RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, EXTENDING THE ADDITIONAL RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND ON CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS, AMUSEMENT CHARGES AND CLUB DUES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK AND EXEMPTING CERTAIN RESIDENTIAL ENERGY SOURCES AND SERVICES FROM SUCH ADDITIONAL RATE OF TAX Be it enacted by the Legislature of the county of Schuyler, as follows: SECTION 1. The first sentence of section two of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: SECTION 2. Imposition of sales tax. On and after March 1, 1968, there is hereby imposed and there shall be paid a tax of three percent upon, and for the period commencing March 1, 2000, and ending November 30, 2005, there is hereby imposed and there shall be paid an additional tax of one percent upon: SECTION 2. Subdivision (f) of section three of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: (f) With respect to the additional tax of one percent imposed for the period commencing March 1, 2000, and ending November 30, 2005, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply, except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an effective date shall be read as referring to March 1, 2000, all references in said subdivision (a) to the date four months prior to the effective date shall be read as referring to November 1, 1999, and the reference in subdivision (b) to the date immediately preceding the effective date shall be read as referring to February 29, 2000. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to March 1, 2000, any transaction which may not be subject to the additional tax imposed effective on that date. SECTION 3. Section four of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: SECTION 4. Imposition of compensating use tax. (a) Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after March 1, 2000, except as otherwise exempted under this enactment, (A) of any tangible personal property purchased at retail, (B) of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii) if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the real property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, (C) of any of the services described in paragraphs (1), (7) and (8) of subdivision (c) of section two, (D) of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under 124 SCHUYLER COUNTY LEGISLATURE paragraphs (2), (3) and (7) of subdivision (c) of section two have been performed, (E) of any telephone answering service described in subdivision (b) of section two and (F) of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of business, (G) of any prepaid telephone calling service, and (H) of any gas or electricity described in subdivision (b) of section two of this enactment. (b) For purposes of clause (A) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale. (c) For purposes of subclause (i) of clause (B) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him; provided, however, that if the user uses such an item itself on its own premises (not including making a gift of such tangible personal property), solely in the conduct of the user’s own business operations, and the item retains its characteristic as tangible personal property when so used, the tax shall be at the rate, and on the consideration, described in subdivision (d) of this section. (d) For purposes of subclause (ii) of clause (B) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one. (e) Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. (f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision (b) of section one. (g) For purposes of clause (F) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause (F) by its author or other creator shall not be deemed a taxable use by such person. (h) For purposes of clause (G) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, PROCEEDINGS OF THE YEAR 2003 125 2005, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the service and also including any charges for shipping and delivery of the property so transferred as such charges are described in paragraph three of subdivision (b) of section one; provided that, if the user offers like services for sale in the regular course of business, the tax shall be at the rate of three percent of the price at which the user offers such like services for sale. (i) For purposes of clause (H) of subdivision (a) of this section, for the period commencing June 1, 2000, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for, or for the use of, the gas or electricity, including the consideration for any tangible personal property transferred in conjunction with the performance thereof, and including any charges described in paragraph three of subdivision (b) of section one of this enactment. SECTION 4. Subdivision (k) of section six of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: (k) Exemption of certain energy sources and related services from additional one percent rate of tax. Notwithstanding any inconsistent provision of this resolution, receipts from the retail sale or use of fuel oil and coal used for residential purposes; the receipts from the retail sale or use of wood used for residential heating purposes; and the receipts from every sale, other than for resale, or use of propane (except when sold in containers of less than one hundred pounds), natural gas, electricity, steam and gas, electric and steam services used for residential purposes shall be exempt from the additional one percent rate of sales and compensating use taxes imposed by sections 2 and 4, respectively, of this resolution for the period commencing March 1, 2000, and ending November 30, 2005. SECTION 5. Subdivision (1) of section 11 of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: (1)(A) In respect to the use of property used by the purchaser in this County prior to March 1, 1968. (B) With respect to the additional tax of one percent imposed for the period beginning March 1, 2000, and ending November 30, 2005, in respect to the use of property used by the purchaser in this County prior to March 1, 2000. SECTION 6. Subdivision (d) of section fourteen of Resolution No. 140 as enacted in November 27, 1967, as amended, is added to read as follows: (d) Net collections attributable to the additional one percent rate of sales and compensating use taxes imposed for the period beginning March 1, 2000, and ending November 30, 2005, are set aside for County purposes and shall be available for any County purpose. SECTION 7. This enactment shall take effect on December 1, 2003. VOTE: Passed 6-0. PUBLIC PARTICIPATION: None. Shared Services Committee Discussion: Chairman Gifford would like to create a Shared Services Committee. He prefers to not have any legislators serve on this committee, he would like to see it be a bipartisan group. He stated that this is not a legislative move to take over services. He has been talking to a number of people such as Louis Dickinson, Greg Mathews, the Town of Reading, Jim Guild and Nick Anagnost. He will attend the first meeting and then he will remove himself. Legislator Young requested that he make sure department heads are involved. She asked about the Real Property Tax Office as it relates to sharing of services. Chairman Gifford said he had a meeting Tuesday with Chemung County about sharing our Real Property Tax Director. They have a Memorandum of Agreement that will go to the County Attorney’s Office for review and then to the Legislature for consideration. He asked that the legislators not pass judgment until they see the paperwork in front of them. The Meeting adjourned at 10:56 a.m. Stacy B. Husted, Deputy Clerk
REGULAR MEETING 126 SCHUYLER COUNTY LEGISLATURE SEPTEMBER 8, 2003
The September 8, 2003 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. All Legislators were present. Assistant County Attorney Morris was also present. PUBLIC PARTICIPATION: Gordon Swarthout, Sr. discussed the replacement of a bridge on County Route 19. He claims the contractor put a sheet metal piling in that raised the creek bed two to three feet on his property. It looks to him like it was designed to flood his property and run the access water up the road. He currently has a man building a dike for him. He has checked with the Department of Environmental Conservation (DEC) and the Soil and Water Conservation District on what to do. He then gave some history of the Cooley Road in the Town of Dix and why they replaced the bridge. He wants the check dam pulled by the county. The Corps of Engineers said it is fine to put the dike on each side of the creek. He would like to see the check dam moved as soon as possible. Chairman Gifford said he is sure the Highway Superintendent will look into it. Mr. Swarthout said he is very unhappy with the county’s Highway Superintendent, Mr. Mathews. Mr. Mathews will not talk to him anymore. He wants something done to his satisfaction. If not, he will have his lawyer take care of it. Daniel Cleveland said he is here to encourage every Schuyler County Legislator to vote in favor of the Apprenticeship Program Resolution on the agenda tonight. This program is as important to this community as our public schools. A vote against this is a vote against education. Bruce Kinney, a property owner in the Town of Dix, said he is also here to talk in favor of the Apprenticeship Program proposal. He himself went through an apprenticeship program. It was very beneficial to the workforce and saves time. He feels it would be beneficial to the county and contractors to have this program in place. Mike Donnelly said he is here to speak on behalf of the Montour Falls Moose Club. He has called the Hornell Department of Health Office in regards to the smoking ban and the Moose is going to file papers with them this week requesting a waiver. The Montour Falls Moose has a state of the art smoke handling unit that they spent well over $10,000 on. It was designed to have one-half of the establishment non-smoking including the children’s playroom. He asked the Legislature for support of their request for a waiver from the smoking ban and explained the financial hardship this is causing them including lay offs. He thanked the Legislators for their consideration and support. Legislator Larison spoke in strong support of the Moose Club noting that they just recently donated $700 to the Lion’s Club to help provide glasses for the needy and help with Camp Badger. RESOLUTION NO. 326 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE JUNE 9, 2003 REGULAR MEETING, THE JUNE 23, 2003 PUBLIC HEARING AND THE JULY 14, 2003 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the June 9, 2003 Regular Meeting, the June 23, 2003 Public Hearing and the July 14, 2003 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 327 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD AND THE MENTAL HEALTH SUBCOMMITTEE BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Darlene Gridley to both the Community Services Board and the (Alcohol or MRDD) Subcommittee for the balance of a vacant term January 1, 2001 through December 31, 2004. VOTE: Passed 8-0. RESOLUTION NO. 328 Motion by Larison, Second by Bingell. RE: AUTHORIZE FILLING OF STAFF SOCIAL WORKER POSITION - MENTAL HEALTH WHEREAS, the Schuyler County Mental Health Clinic has a vacant Staff Social Worker position, which has not been filled in over 90 days. PROCEEDINGS OF THE YEAR 2003 127 NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services to fill the Staff Social Worker position, Grade 28, $19.30, in the Mental Health Clinic, effective immediately; funding is available in the year 2003 budget. VOTE: Passed 8-0. RESOLUTION NO. 329 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH DENNIS MORRIS FOR LEGAL SERVICES – OFFICE FOR THE AGING WHEREAS, since January the Office for the Aging has been without a subcontract lawyer to provide legal services to the older population of the County and such service is required under Title III program provisions, and WHEREAS, Dennis Morris, Esq., an experienced attorney is willing and able to render such service at the agreed upon rate of $125 per hour, and WHEREAS, since Attorney Morris also works for the County Attorney’s Office, his jurisdictional committee, Governmental Operations, has reviewed and approves of such arrangement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Dennis Morris to provide legal services to the Office for the Aging at the rate of $125 per hour effective immediately through December 31, 2003, to be renewed annually on a calendar year, funding available in the 2003 OFA budget account no. 6772.490; contract subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 330 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AGREEMENT WITH ERIE COUNTY FOR THE PURCHASE OF SOFTWARE – OFFICE FOR THE AGING WHEREAS, the New York State Office for the Aging (NYSOFA) requires that electronic records be maintained on each client of each local Office for the Aging, and WHEREAS, the software system used by many counties for the past several years, referred to as PDS, was given to the counties by NYSOFA and last year NYSOFA advised all OFAs that they would have to acquire new software or have to purchase their own support service since the State would no longer assist in the use of PDS, and WHEREAS, approximately 20 county OFAs have entered into collaboration in the use of PDS with the understanding that Erie County would enter directly into contract with the PPDS software service provider to answer questions concerning the use of PDS on behalf of all the consortium members, and WHEREAS, the cost of the Erie County contract would be shared by all consortium members, each to pay a shared based on the size of their budget, and the share for the Schuyler County OFA would be $900, and WHEREAS, such an arrangement is likely to be continued year to year if proven successful and would be considerably less expensive than replacing PDS with new software or entering into a private contract for software service for PDS. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Erie County Office for the Aging for services to be rendered to the Schuyler County OFA in accordance with the software services referenced above, as a member of the consortium and authorize the payment of $900 for the pro rata share for the maintenance of its PDS electronic database, funding available in the 2003 OFA budget account no. 6772.278; agreement subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 331 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CONTRACT WITH CATHOLIC CHARITIES FOR NON-RESIDENTIAL DOMESTIC VIOLENCE SERVICES ROUND THREE AND AMEND 2003 BUDGET – SOCIAL SERVICES WHEREAS, the State of New York has allocated an additional $25,000 for non-residential domestic violence services provided through June 30, 2004 to the Schuyler County Department of Social Services, and WHEREAS, the Department of Social Services wishes to contract with First Step (Catholic Charities) for these services. 128 SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with First Step-Victim Services for the Department of Social Services for the term July 1, 2003 through June 30, 2004, funding available in the 2003 budget account no. 6010.370; subject to review by the County Attorney, and BE IT FURTHER RESOLVED, that the Treasurer is authorized to amend the Department of Social Services 2003 budget as follows + $25,000 6010.370 Non-Residential Domestic Violence + $25,000 6010-4610 Federal Aid – Administration VOTE: Passed 8-0. RESOLUTION NO. 332 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR THE REPLACEMENT OF COPIERS FOR SCHUYLER COUNTY OFFICES FOR THE PERIOD 1/1/2004 – 12/31/2006 WHEREAS, the current copier contract will expire on December 31, 2003, and WHEREAS, the Purchasing Agent advertised for bids for another three-year term, and WHEREAS, bids were received and opened on July 25, 2003 in the Legislative Chambers, and WHEREAS, the Purchasing Agent has reviewed the bid results and makes the following recommendation. NOW, THEREFORE, BE IT RESOLVED, that the bid from Eastern Copy Products, Inc., for the replacement of copiers for Schuyler County offices for the period 1/1/2004 – 12/31/2006, is hereby accepted as the lowest, most responsible bid, and BE IT FURTHER RESOLVED, that the bids from Topp, Copy Source, Usherwood, Swift Office and Xerox, are hereby rejected with a note of appreciation for their participation. VOTE: Passed 8-0. RESOLUTION NO. 333 Motion by Larison, Second by Bingell. RE: DECLARE EQUIPMENT SURPLUS – HIGHWAY DEPARTMENT WHEREAS, the Highway Department has equipment no longer needed for departmental use. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said equipment surplus, and BE IT FURTHER RESOLVED, that said equipment be placed in storage for inclusion in the County Auction. (1) 1994 Ford F150 4x4 w/plow unit S/N 1ftef14n8rla25806 (1) Water Pump S/N 4333 (1) Material Spreader (1) 1980 Autocar for parts truck S/N q01ftgd090650 (4) Police cars/no paperwork/parts vehicles (2) Homelite XL Chainsaw (1) Homelite 330 Chainsaw (1) Drill Press VOTE: Passed 8-0. RESOLUTION NO. 334 Motion by Larison, Second by Bingell. RE: AUTHORIZE AMENDMENT TO THE SCHUYLER COUNTY CODE OF ETHICS WHEREAS, Section III, paragraph E, Conflict of Interest, in the Schuyler County Code of Ethics states as follows: “In compliance with article eighteen of the General Municipal Law, a full-time employee of the County of Schuyler may not, at the same time, accept part-time employment in another department of the County. (1961 – Opinion Attorney General – August 18)”, and WHEREAS, the aforementioned Attorney General opinion has been completely superseded by subsequent legal developments thereby making “plural employment” the rule, and WHEREAS, it is the recommendation of the Schuyler County Attorney that this section of our Code should be deleted. PROCEEDINGS OF THE YEAR 2003 129 NOW, THEREFORE, BE IT REOSLVED, effective immediately, that the Schuyler County Code of Ethics be amended by the deletion of paragraph E of Section III, Conflict of Interest, as set forth above, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall cause a copy of this amendment to be distributed to every employee of this county. VOTE: Passed 8-0. RESOLUTION NO. 335 Motion by Larison, Second by Bingell. RE: AUTHORIZE CHANGE IN CIVIL SERVICE FEES WHEREAS, current Civil Service rules requires applicants for the Account Clerk and Account Clerk Typist examinations to complete two applications and pay two application fees of $15 each, and WHEREAS, the written portion of these examinations involves taking the same test. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves a change in policy to allow the above referenced candidates to pay one fee of $15 to take both examinations. VOTE: Passed 8-0. RESOLUTION NO. 336 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS FOR TRUCK REPAIR – WEIGHTS AND MEASURES WHEREAS, the Weights and Measures truck is in need of some repairs, and WHEREAS, there are insufficient funds in the Weights and Measures 2003 budget to cover said repairs. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer an amount not to exceed $150 from Contingency account no. 1990.500 to Weights and Measures account no. 6610.444-Truck Service, for said repairs. VOTE: Passed 8-0. RESOLUTION NO. 337 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CLEANING/ MAINTENANCE CONTRACT WITH SCHUYLER COUNTY COURT FACILITIES – BUILDINGS AND GROUNDS WHEREAS, the State of New York Unified Court Systems, Office of Court Administration, has implemented Chapter 686, the Cleaning Takeover Bill, and WHEREAS, this Bill requires Government bodies housing Court facilities to enter in a cleaning/maintenance contract for the State Fiscal Years (April 1, 2003 through March 31, 2008). NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign said contract with the State of New York Unified Court System for said term stated above; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 338 Motion by Bingell, Second by Yuhasz. RE: ACCEPT/REJECT REQUEST FOR PROPOSALS FOR ALARM TESTING AND MAINTENANCE- BUILDING AND GROUNDS WHEREAS, the Public Works Committee accepted Request for Proposals for fire alarm testing/maintenance for a period of three years, and WHEREAS, said requests were received and opened August 11, 2003, with the recommendation by the Building Maintenance Supervisor to accept the lowest quote from CPE Communications in the amount of $3,930 (2004), $3,930 (2005), $3,930 (2006). NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with CPE Communications for fire alarm testing/maintenance, for the term January 1, 2004, through December 31, 2006, funding to be made available in the Buildings and Grounds budget account no. 1620.400, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the following bids be rejected with a note of appreciation for their participation: Simplex Grinnell $4,844 (2004) $4,938 (2005) $5,034 (2006) Davis-Ulmer Sprinkler $12,280 (2004) $13,400 (2005) $14,530 (2006) VOTE: Passed 8-0. RESOLUTION NO. 339 Motion by Bingell, Second by Larison. 130 SCHUYLER COUNTY LEGISLATURE RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECT, & SURVEYORS – BUILDINGS AND GROUNDS WHEREAS, the Schuyler County Building Maintenance Supervisor has been working with various other County Departments and Legislators to find the best means of gaining and improving office space, and WHEREAS, the process has evolved to the conclusion that to meet the additional space needs of the County an addition at the Rural Urban Center site would be the best location, and WHEREAS, in order to keep moving forward with this plan there needs to be a program summary, preliminary building and site plans, and preliminary cost estimates. NOW, THEREFORE, BE IT RESOLVED, that Hunt Engineering, Architects and Surveyors be contracted to provide the aforementioned services at a cost of $8,000 to be paid from 2003 and 2004 budgets, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign said agreement upon approval of the Schuyler County Attorney. VOTE: Passed 7-1. No: Larison. RESOLUTION NO. 340 Motion by Bingell, Second by Larison. RE: AUTHORIZE AGREEMENT WITH EMPIRE STATE FOREST SERVICES – BUILDING AND GROUNDS WHEREAS, tax map parcel #71-1-56 located on Hawley Road in the Town of Orange has marketable size timber owned by the County, and WHEREAS, a qualified forester is needed to mark the trees and oversee the harvesting of said trees to meet the national standard of Sustainable Forest Initiative (SFI), and WHEREAS, Dana Bately, consulting Forester d/b/a Empire State Forestry Service will provide said services for a fee of 12% of the winning bid price. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign any and all documents pertaining to hiring of the Forester with approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor, in conjunction with the Forester, be authorized to advertise and obtain bids for the marketable trees, and BE IT FURTHER RESOLVED, that said bids will be opened at a public meeting, time to be determined at a later date. DISCUSSION: Legislator Young said she has still not heard from Soil and Water on this issue. She attended a conference and is concerned. She will vote no on this because she is sure her mind can be changed in the future. She does not have enough information that this is the right thing to do with this land. Legislator Larison stated that the Legislature kept this land from the tax auction so they could do this. If it went to auction someone else could do worse. VOTE: Passed 7-1. No: Young. RESOLUTION NO. 341 Motion by Bingell, Second by Larison. RE: ACCEPT/REJECT BIDS FOR THE CONSTRUCTION OF COUNTY ROAD 16 BRIDGE OVER TRIBUTARY TO MEADS CREEK BIN# 3332670 WHEREAS, the Highway Superintendent and Public Works Committee directed the Legislative Clerk to advertise for bids for the construction of County Road 16 Bridge over Tributary to Meads Creek, B.I.N.#3332670, and WHEREAS, bids were opened September 8, 2003 and reviewed with the recommendation being made by Hunt Engineers to accept the low bid from Ramsey Constructors, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the low bid from Ramsey Constructors, Inc. for the construction of the County Road 16 Bridge over Tributary to Meads Creek, B.I.N. #3332670 at the low bid price of $274,253, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Ramsey Constructors, Inc.; subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED that all other bids received be hereby rejected, with a note of appreciation for their participation. PROCEEDINGS OF THE YEAR 2003 131 VOTE: Passed 8-0. RESOLUTION NO. 342 Motion by Bingell, Second by Larison. RE: AUTHORIZE AGREEMENT WITH ROY TEITSWORTH – HIGHWAY WHEREAS, the Public Works Committee has agreed with the Highway Superintendent to take a small amount of surplus items to the Roy Teitsworth auction in Lansing. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of Legislature be authorized to sign a contract with Roy Teitsworth at a cost of 10% commission of sales for an auction scheduled for September 13, 2003; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 343 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS FROM PERMANENT IMPROVEMENTS TO RECONSTRUCTION OF CR 16 BRIDGE BIN #3332670- HIGHWAY WHEREAS, there is a need to reconstruct County Road 16 Bridge due to the July flooding, and WHEREAS, there are no funds available for this project. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Treasurer be hereby authorized to transfer the amount of $137,300 from Permanent Improvements account no. 5112.569-Reconstruction County Route 6 to Bridges account no. 5120.342-Reconstruction of County Route 16 Bridge. VOTE: Passed 8-0. RESOLUTION NO. 344 Motion by Bingell, Second by Larison. RE: AMEND SCHUYLER COUNTY POLICIES AND PROCEDURES RELATIVE TO USE OF PERSONAL VEHICLES WHEREAS, Schuyler County’s policy on travel reimbursement for mileage is allowed for departmental personnel that are authorized to attend conferences and seminars, and WHEREAS, Schuyler County now has a Central Garage Division of the Highway Department that has a vehicle for departmental personnel to use. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the amendment of the Schuyler County Policies and Procedures to read that the first option for travel reimbursement must include a request to use any available Central Garage vehicle before any personal vehicle will be eligible for reimbursement. VOTE: Passed 8-0. RESOLUTION NO. 345 Motion by Karius, Second by Bingell. RE: AUTHORIZE SALE OF ABONDONED STATE HIGHWAY PROPERTY ON BUCK HILL ROAD – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee have agreed to sell a section of an abandoned highway right-of-way on Buck Hill Road, and WHEREAS, the owner of the adjoining property, Mrs. Ruth Doane, has expressed interest in purchasing this piece of land, and WHEREAS, the land is not of great value due to its small size and is of no county use. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sell the aforementioned parcel of surplus property to Mrs. Ruth Doane for $800, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 346 Motion by Karius, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO PAY FOR SALARIES – BOARD OF ELECTIONS WHEREAS, the Board of Election Commissioners recognize additional part-time personnel is necessary to assist in the 2003 personnel transition for the possibility of both Deputy Commissioners retiring at the end of the year, and WHEREAS, to help with the current back-log, expected workload demands and to train staff, the Board of Election Commissioners would like to request additional funding for training in the office, and 132 SCHUYLER COUNTY LEGISLATURE WHEREAS, the Commissioners also anticipate mandated changes in elections procedures and programs with regard to “compliance” in the implementation of the State’s plan to satisfy the Federal and State legislative requirements of the Help America Vote Act (HAVA) to increase the volume of work required of Board of Elections personnel. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the amount of $1,760 from Contingency account no. 1990.500 to account no. 1450.100 to cover said training for a period of September 29, 2003 through December 31, 2003. VOTE: Passed 8-0. RESOLUTION NO. 347 Motion by Karius, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE LAPTOP COMPUTER AND PROJECTOR – EMERGENCY MANAGEMENT WHEREAS, the Emergency Management Office recommends purchasing one laptop computer and one projector at a total cost of $4,166.00, for use in training emergency personnel, and WHEREAS, there are funds available in the 2003 budget in the Films, Books & Subscriptions and Supplies accounts in order to make the above purchases. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer the following: AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO. $1,000 3689.411-Films 3689-207-Computer $1,267 3689.438-Supplies 3689.207-Computer $1,899 3689.407-Books & Subscriptions 3689.250-Projector VOTE: Passed 8-0. RESOLUTION NO. 348 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE A VOICE RECORDER FOR THE 911 CENTER – EMERGENCY MANAGEMENT WHEREAS, the current voice recorder is ten years old and is not able to be maintained due to being obsolete, and WHEREAS, the Emergency Management Office recommends replacement of the current voice recorder with a digital recorder at a cost of $17,727.90, and WHEREAS, there are funds available in the 2003 budget for a maintenance contract of the current recorder in the Professional Fees and Services account, and in the E-911 reserve account to transfer for this purchase. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $6,000 from account no. 3689.435-Professional Fees and Services and $11,727.90 from A883, E-911 Reserve to account no. 3689.207-Computer for the purchase of the Voice Recorder. VOTE: Passed 8-0. RESOLUTION NO. 349 Motion by Larison, Second by Bingell. RE: AUTHORIZE EMERGENCY MANAGEMENT OFFICE TO PROVIDE MUTUAL AID TO OTHER COUNTIES WHEREAS, in the event of a large-scale emergency that overwhelms a county, Schuyler County Emergency Management Office is able to provide assistance when requested. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Emergency Management Office be hereby authorized to provide mutual-aid to other counties when requested. VOTE: Passed 8-0. RESOLUTION NO. 350 Motion by Larison, Second by Bingell. RE: AUTHORIZATION FOR CHAIRMAN TO SIGN USE AND DISSEMINATION AGREEMENT WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES- PROBATION WHEREAS, the Schuyler County Probation Department recently received a letter from the New York State Division of Criminal Justice Services concerning the necessity of signing a new Use and Dissemination Agreement for the continued use of the NYSPIN equipment in said department, and PROCEEDINGS OF THE YEAR 2003 133 WHEREAS, this document has been discussed with the Public Safety/Criminal Justice Committee, and the recommendation of that committee is for the approval of said agreement. NOW, THEREFORE, BE IT RESOLVED that the Chairman of this Legislature be hereby authorized to sign an agreement with the New York State Division of Criminal Justice Services for the continued use of the NYSPIN equipment in the Probation Department at no cost to the County; subject to the approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 351 Motion by Young, Second by Bingell. RE: AUTHORIZATION TO CREATE AND FILL A PROBATION OFFICER POSITION – PROBATION DEPARTMENT WHEREAS, pursuant to State Civil Service and Division of Probation and Correctional Rules and Regulations, upon the successful completion of a Probation Officer trainee after a period of one (1) year, said employee can be promoted to the position of Probation Officer, and WHEREAS, it is the desire of the Probation Director to promote his Probation Officer Trainee to Probation Officer, and WHEREAS, an additional Probation Officer title needs to be created for this purpose, and WHEREAS, it is the intention of the Probation Director to abolish the Probation Officer trainee position once the promotion has taken place. NOW, THEREFORE, BE IT RESOLVED, that the Director of Probation be authorized to create and fill immediately, the position of Probation Officer to be placed in Grade Level XXII at an hourly rate of $14.93, there being funds in account number 3140.100 to fund said position, and BE IT FURTHER RESOLVED, that once the said position is filled, that the position of Probation Officer Trainee be abolished. VOTE: Passed 8-0. RESOLUTION NO. 352 Motion by Young, Second by Bingell. RE: AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID-ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID EMERGENCY RELIEF PROJECT, TO FULL FUND THE LOCAL SHARE OF FEDEARL-AID ELIGIBLE AND INELIGIBLE PROJECT COSTS AND APPROPRIATING FUNDS THEREFORE – HIGHWAY WHEREAS, a Project for the Flood Repairs on County Road 16 and BINs 3332600 and 3332670, P.I.N. 6704.67.321 (the Project) is eligible for funding under Title 23 U.S. Code, as amended, for Federal emergency relief that calls for the apportionment of the costs of such project to be borne at the ratio of 100% Federal funds and 0% non-federal funds for emergency work and at the ratio of 80% Federal funds and 20% non-federal funds for permanent work, and WHEREAS, the County of Schuyler desires to advance the Project by making a commitment of 100% of the federal and non-federal share of the costs thereof. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the Project, and BE IT FURTHER RESOLVED, that the County Legislature hereby authorizes the Chairperson of the Legislature to pay in the first instance 100% of the federal and non-federal share of the cost of Flood Repair work for the Project or portions thereof; and BE IT FURTHER RESOLVED, the sum of $403,778 is hereby appropriated from account no. 5120.342 and made available to cover the cost of participation in the Project; and BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the County of Schuyler shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the State thereof, and BE IT FURTHER RESOLVED, that the Chairperson of the County Legislature of the County of Schuyler be and is hereby authorized to execute all necessary agreements, certifications or reimbursement requests for Federal Aid on behalf of the County of Schuyler with the New York State Department of 134 SCHUYLER COUNTY LEGISLATURE Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary agreement in connection with the Project, and BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. VOTE: Passed 8-0. RESOLUTION NO. 353 Motion by Young, Second by Bingell. RE: AUTHORIZE CREATION OF SHARED SERVICES COMMITTEE WHEREAS, the Legislative Chairman wishes to appoint members to a committee to research and make recommendation for shared services in Schuyler County, as well as sharing services with other contiguous counties for consideration by the Legislature. NOW, THEREFORE, BE IT RESOLVED, that a Special Committee of the Legislature be created as follows: NAME OF COMMITTEE: Shared Services Committee PURPOSE: Serve in an advisory capacity to the Legislature in researching and presenting information for possible shared services within Schuyler County, and/or its municipalities and/or contiguous counties. MEMBERS: Gregory Mathews Martin Roberts Mary Ellen Correa John Merrill Jim Guild John Van den hurk Jeff Confer, and BE IT FURTHER RESOLVED, that the Schuyler County Department Heads shall be given copies of this resolution and encouraged to give full cooperation to this effort. VOTE: Passed 8-0. RESOLUTION NO. 354 Motion by Bingell, Second by Karius. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH EMPLOYEES IN THE SCHUYLER COUNTY ADMINISTRATIVE UNIT WHEREAS, the recently ratified agreement with the Civil Service Employees Association, Inc. for employees in the Schuyler County Administrative Unit, effective August 4, 2003, has adopted a new longevity program, and WHEREAS, with said program each unit employee is eligible to receive a longevity credit for each year of service for twenty-five years and then it stops, and WHEREAS, one unit employee would have been eligible in January 1, 2005 for the old longevity credit under the expired agreement, in the amount of $500 for thirty years of service, and WHEREAS, that same unit employee will not be receiving any longevity credit for the term of the recently ratified agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the a Memorandum of Agreement with the Civil Service Employees Association, Inc. for employees in the Schuyler County Administrative Unit, to give said employee, Jill Wicker, the $500 ($.27/hr) longevity credit effective January 1, 2005. VOTE: Passed 8-0. RESOLUTION NO. 355A Motion by Larison, Second by Bingell. RE: MOTION TO TABLE RESOLUTION NO. 355 – FAILED BE IT RESOLVED, that Resolution No. 355 be tabled for further discussion. VOTE: Failed 4-4. Noes: Bleiler, Bingell, Young, Gifford. RESOLUTION NO. 355 Motion by Bingell, Second by Karius. RE: RESOLUTION SUPPORTING THE NEW YORK STATE CERTIFIED APPRENTICESHIP PROGRAM - FAILED PROCEEDINGS OF THE YEAR 2003 135 WHEREAS, maintaining a skilled and qualified labor force is essential to a healthy local economy, and WHEREAS, the New York State Department of Labor’s “Certified Apprenticeship Program” offers area businesses the opportunity to participate in a labor-force training program, with an approved curriculum, monitored for quality assurances purposes by the Department of Labor, and WHEREAS, said Certified Apprenticeship Program aids in providing local businesses with a skilled labor force, uniformly trained in their respective discipline, and WHEREAS, said Certified Apprenticeship Program aids in providing local citizens with an opportunity to be trained in a skilled-trade, thereby increasing their individual marketability and prosperity, and WHEREAS, absent such Certified Apprenticeship Program, a quality training program uniformly applied by area of expertise, would likely not exist. NOW, THEREFORE, BE IT RESOLVED, that in support of such programs which aid both local businesses and local citizens to prosper in the economy, the County of Schuyler in its procuring and contracting programs, will make every good faith effort to engage businesses which are participating in one or more New York State Certified Apprenticeship Programs, and BE IT FURTHER RESOLVED, that nothing herein shall be construed to mandate that the County of Schuyler enter into any agreements or contracts if same would be contrary to state law, including but not limited to, competitive bidding regulations. DISCUSSION: Legislator Young explained that she has amended this resolution from its original format to remove the mandate, this is simply a suggestion to educate the workforce. Legislator Slusser asked how that would be done. Legislator Young stated that when services are contracted out, the agency bidding may ask the contractors if they have the program, but not require it. She said it is an awareness process only. Legislator Bingell said many people in this area and in other areas of New York State are not aware of this program. She feels they should encourage all employers to train their workers in all trades and use a certified program to do so. Legislator Slusser asked who would do this and how would they measure the effort? Legislator Young said she would like to see the workforce trained and educated. Legislator Bleiler said he knows there is a shortage of all crafts and that the state is failing in training. The state is getting farther away from the educational programs. He feels the unions recognize this and are successful, but they are selective in membership. He supports this Resolution, because of the benefits of both on-the-job training and academic training. Legislator Yuhasz asked why a Resolution was needed. Legislator Bleiler feels if the whole Legislature says they believe in it, it means more. Legislator Young said this is just a means of awareness. It is to get the county to be the cheering squad for the process. Legislator Larison feels it is inappropriate and would like to see it tabled. Legislator Bingell called for the question. VOTE: Failed 4-4. Noes: Karius, Larison, Yuhasz, Slusser. RESOLUTION NO. 356 Motion by Bingell, Second by Karius. RE: RESOLUTION TO RECOMMEND THAT THE NEW YORK STATE REGIONAL OFFICE OF THE DEPARTMENT OF HEALTH GRANT THE MONTOUR MOOSE LODGE #426 A WAIVER FROM THE NO SMOKING BAN WHEREAS, the Montour Falls Moose Lodge #426, Loyal Order of Moose has benefited the community of Schuyler County and nearly all of the organizations therein, and is now suffering grievous financial problems as a result of the loss of business due to the institution of the No Smoking Ordinance, and WHEREAS, the Schuyler County Legislature requests that the Regional Office of the New York State Department of Health based in Hornell issue a temporary waiver from the application of specific provisions of the Article imposing the ban to the Montour Falls Moose Lodge #426 because compliance with a specific provision has caused undue financial hardship, and WHEREAS, the lodge was built very recently in the year 2002, conforming to all of the rules and regulations at the time. It has a state of the art ventilation system, which virtually eliminates any interior smoke in the building. This has been confirmed by tests performed by trained TRANE Corp. employees. This ventilation system cost well over $100,000 to purchase and install and there is a big mortgage, which must be paid. Currently income does not meet expenses because the no smoking ordinance has had such a huge impact on its business clientele. The Lodge may have to close its doors soon and put ten employees out of work, and 136 SCHUYLER COUNTY LEGISLATURE WHEREAS, Schuyler County does not have an Enforcement Office pursuant to Section 1399-t, and WHEREAS, this Legislature feels the Moose Lodge #426 deserves, at the very least, a fair and impartial hearing from the New York State Department of Health Regional Office at Hornell. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature strongly recommends that the New York State Regional Office of the Department of Health in Hornell grant the Montour Falls Moose Lodge #426 a fair and impartial hearing and issue a temporary waiver from the No Smoking Ban in the ventilated, virtually smoke-free rooms of the Lodge. DISCUSSION: Legislator Bleiler said he agrees with the concept, but has a problem telling the state to review an appeal and issue a waiver. He feels the resolution tells the state that we want them to offer a hearing and also what we want the outcome of that hearing to be. Acting County Attorney Morris said the County does not know what the State’s decision process is. He feels it is more like a recommendation to another political party or an administrative body and that it is appropriate. VOTE: Passed 8-0. RESOLUTION NO. 357 Motion by Larison, Second by Bingell. RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two (2) Resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 358 Motion by Bingell, Second by Larison. RE: AUTHORIZE APPLICATION AND CONTRACT FOR 2003/2004 NYS AID TO PROSECUTION GRANT - DISTRICT ATTORNEY WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services for the purpose of assisting the Schuyler County District Attorney’s Office in prosecuting felony offenses. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2003/2004 NYS Aid to Prosecution Grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $42,500.00, for the term April 1, 2003 through March 31, 2004; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 359 Motion by Bingell, Second by Larison. RE: AUTHORIZE CHANGE IN FUNDING METHOD FOR PAYMENTS TO COUNTY FOR LANDS IN NATIONAL FOREST SYSTEM - FINGER LAKES NATIONAL FOREST WHEREAS, Resolution No. 286-2001 authorized the payments that the County receives from the receipts of the National Forest Service to continue under the 25% Method. It was the recommendation of the County Attorney’s Office after considerable research that we stay with this plan because of the potential for oil/gas leasing. WHEREAS, the Treasurer contacted the Finger Lakes National Forest regarding the status of potential oil/gas leasing between now and 2006 when this program will again be reviewed by Congress to see if the Full Payment Method does stabilize the payments to counties that have federal public land within them. She was advised that they do not anticipate any action with regard to leasing in the next two years. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby opts to receive its annual payments based on the Full Payment Method, and that the Chairman be hereby authorized to sign the necessary document to effectuate the same; subject to the approval of the Schuyler County Attorney. DISCUSSION: The Treasurer reported that the county has received approximately $3,200 each year for the last two years. If we were to choose full payment, it will be approximately $11,200 each year for revenues. Chairman Gifford has to sign this selection and it has to be faxed back by September 10, 2003. In the year 2006, this might come up for reconsideration by the State Legislature and the full payment method might be imposed on us at that time. Two years ago the Legislature discussed the possibility of oil and gas leases on State lands, however the Finger Lakes National Forest feels that in the next two years there is little possibility of that occurring so that point is mute. PROCEEDINGS OF THE YEAR 2003 137 VOTE: Passed 8-0. NEW BUSINESSS: Grade Level Appeal – Coordinator of Information Technology MOTION by Legislator Larison to go into executive session to discuss employment history of a particular employee, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. MOTION by Legislator Bingell to come out of executive session, SECOND by Legislator Young. Motion carried eight ayes to zero noes. MOTION by Legislator Bingell to table the grade level and performance appeals for the Coordinator of Information Technology position until the October 14, 2003 Regular Meeting of the Legislature, SECOND by Legislator Young. Motion carried seven ayes to one no. No: Slusser. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison reported on the Public Safety/Criminal Justice Committee. He received a call Friday night from the new Director at DEC, Sean Hanna. They discussed the radio tower on Sugar Hill. DEC has tested the present tower to see if it could handle more equipment. Mr. Hanna would advocate that the county build our own tower and he will help us lobby for it. Mr. Hanna is also on the Legislature in Monroe County. Legislator Larison would like to have a special committee meeting with Mr. Hanna, possibly this week sometime. He also reported that he has begun discussions with Seneca and Yates counties regarding the public defender office. Legislator Bingell reported on the Public Works Committee. The Central Garage has their policy ready for consideration by this body. She also reported that there is good news from the Federal Emergency Management Agency on funding for flood damages. Legislator Yuhasz reported on the Health Services Committee. He attended a S2AY meeting two weeks ago in Bath and the main focus of discussion was Medicaid. Legislator Slusser reported on the Management and Finance Committee. The committee has received a preliminary list from each department on their 2004 budget. The Budget Officer will now be asking for official budget estimates. PUBLIC PARTICIPATION: None. The Meeting adjourned at 8:15 p.m. Stacy B. Husted, Deputy Clerk
REGULAR MEETING OCTOBER 14, 2003
The October 14, 2003 Regular Meeting of the Schuyler County Legislature was called to order at 6:31 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present except Legislator Slusser who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Chairman Gifford advised that the local law for the room tax requires a public hearing to be held on November 10, 2003 at 7:30 p.m. Jylle Benson Gauss from the Town of Hector presented a petition with fifty signatures supporting a Bill of Rights Defense Resolution. Angie Franzese, Town of Dix, said she owns a business in Schuyler County along with her husband, Chris. They are in attendance to speak in opposition of raising the room tax. They understand the Medicaid issue before the Legislature, however this action would double the room tax. The tourists are thinking hard about how they spend their money. Business was down this past summer and this will not help. She feels budget problems should not be solved by raising new taxes. It is very difficult to keep small businesses in this community. She asked that the legislators show their support for their community by voting no and not taking this issue any further. 138 SCHUYLER COUNTY LEGISLATURE Paul Dupuy, from the Town of Hector, said he is concerned about the new voting system to voter- verifiable paper trails. He asked the legislators to support the resolution on the agenda tonight relative to this issue. Terry Lampman, from Seneca Clipper, voiced his concern over the increase in the lodging tax. Business is substantially down from previous years and they are struggling to survive. They have been discussing this issue with their guests and they feel they will lose business because of this increase. Gordon Swarthout said while he does not own a business, he questions where the money is going from Walmart. Judy Lampman spoke on behalf of the Brubaker family in opposition to the proposed increase in the lodging tax. Chris Franzese, owner of the Villager Motel, stated that he does not know of any lodging establishment in favor of this proposed increase. He feels by doing this, the Legislature is just piling on more taxes. He also noted on the agenda a resolution relative to a petition on the Business Improvement District, which is another form of a tax. On top of all these taxes, everything else goes up, i.e. utilities, making it very difficult to do business in this community. He feels if this is for the Chamber of Commerce, then the Legislature should make the cut to the Chamber. They will do what they have to and we will live through this. He asked the legislators to remember that once this is imposed, it does not go back down. Greg Bittler, said he has talked to a few of his regular customers about the possible increase in the lodging tax. He informed them that they would end up paying 12.25% tax on top of their room rate. They are familiar with the taxes in the area. They commented that they might go to Yates County, who does not have this tax. He feels this is sending a bad signal and does not support this proposed increase. Stewart Henry stated he has done business in Schuyler County for seven years and is in opposition to this proposed increase. He feels Schuyler County is unique in that 75% of its businesses close in the winter, where other counties stay open year round. He feels this will push the cost too high and is the wrong message to send. Terry Remmers from the Magnolia Place, asked the legislators to keep in mind Schuyler County issues compared to surrounding counties. This increase may influence interested persons on their decision to purchase a Bed & Breakfast business. Gordon Swarthout said he understands that there is a major hotel and restaurant that has opted to build in the new Business Park. Chairman Gifford stated that is not true, to the best of his knowledge and he is very involved with SCOPED. WITHDRAWN RE: APPROVE MINUTES OF THE JULY 24, 2003 SPECIAL MEETING, THE AUGUST 4, 2003 SPECIAL MEETING, THE AUGUST 11, 2003 REGULAR MEETING, THE AUGUST 28, 2003 SPECIAL MEETING AND THE SEPTEMBER 8, 2003 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE - WITHDRAWN BE IT RESOLVED, that the minutes of the July 24, 2003 Special Meeting, the August 4, 2003 Special Meeting, the August 11, 2003 Regular Meeting, the August 28, 2003 Special Meeting and the September 8, 2003 Regular Meeting of the Schuyler County Legislature be approved. RESOLUTION NO. 360A Motion by Young, Second by Larison. RE: MOTION TO TABLE RESOLUTION NO. 360 BE IT RESOLVED, that Resolution No. 360 be tabled for further discussion. DISCUSSION: Legislator Young feels issues have come forth on this that warrant further review. She would like to address concerns with the Chamber of Commerce at their Board meeting in the morning. Legislator Bleiler asked if by tabling this would they jeopardize any timetable? Chairman Gifford said he did not know. Legislator Young said she would be happy to entertain a special meeting if a time factor is involved. VOTE: Passed 6-1. No: Gifford.
RESOLUTION NO. 360 Motion by Bingell, Second by Young. PROCEEDINGS OF THE YEAR 2003 139 RE: AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN PETITION TO VILLAGE OF WATKINS GLEN REQUESTING A VILLAGE RESOLUTION AUTHORIZING PREPARATION OF A DISTRICT PLAN FOR A WATKINS GLEN BUSINESS IMPROVEMENT DISTRICT - TABLED WHEREAS, a Business Improvement District (BID) is an organization and finance mechanism authorized by the State of New York that can be used by property owners to determine the future of their retail, commercial and industrial areas, and WHEREAS, the Village of Watkins Glen has adopted Local Law No. 4 of the year 2003 providing that the provisions of Article 19-A of the NYS General Municipal Law shall be applicable to the establishment or extension of Business Improvement Districts in the Village, and WHEREAS, Schuyler County recognizes that the Village of Watkins Glen and property owners within the boundaries of the proposed BID would benefit from the establishment of a Business Improvement District. NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler, owner of several properties in the Village of Watkins Glen within the boundaries of the proposed BID, hereby authorizes the Chairman of the Legislature to sign petitions, one for each parcel of County-owned land in the proposed district, to the Board of Trustees of the Village of Watkins Glen requesting adoption of a resolution authorizing the preparation of a District Plan for a Watkins Glen Business Improvement District. RESOLUTION NO. 361 Motion by Bingell, Second by Young. RE: AUTHORIZE 2003 - 2004 EARLY INTERVENTION/CHILD FIND/CSHCN GRANT AND ESTABLISH BUDGET – PUBLIC HEALTH WHEREAS, the Department of Health has awarded $46,458.00 to Schuyler County Public Health for the continuation of the Early Intervention/Child Find/CSHCN grant for the period October 1, 2003 through September 30, 2004. NOW, THEREFORE, BE IT RESOLVED, that the 2003 - 2004 budget be established as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$24,304 4010.100-4011 Personal Services +$ 8,409 4010.489-4011 Fringe Benefits +$ 5,000 4010.446-4011 Maintenance in Lieu of Rent +$ 8,745 4010.400-4011 Contractual +$46,458
+$46,458 4010-4451-4011 Revenue VOTE: Passed 7-0. RESOLUTION NO. 362 Motion by Bingell, Second by Young. RE: AUTHORIZE CHARLOTTE JAYNES AS INFORMATION SECURITY OFFICER (ISO) – COMMUNITY SERVICES/PUBLIC HEALTH WHEREAS, the NYS Department of Health strongly recommends that one person be appointed as Information Security Officer (ISO), and WHEREAS, Charlotte Jaynes is responsible for the security of information in the Community Services and Public Health Departments, and WHEREAS, the ISO provides central security administration for Information Technology environment and implements security policies, standards and procedures, and WHEREAS, the ISO works with the IT department personnel on evaluating new security threats, security awareness training and education. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature hereby approves the appointment of Charlotte Jaynes as Information Security Officer for Community Services/Public Health. VOTE: Passed 7-0. RESOLUTION NO. 363 Motion by Larison, Second by Young. RE: AUTHORIZE OUT OF STATE TRAVEL FOR DR. DASCALU - MENTAL HEALTH WHEREAS, the 16th Annual Psychiatric Congress is being held in Florida in November 2003, and WHEREAS, the Congress provides ongoing education of value to psychiatrists, and 140 SCHUYLER COUNTY LEGISLATURE WHEREAS, it is desirable for the Staff Psychiatrist to attend this conference, and out of state travel requires legislative approval. NOW, THEREFORE, BE IT RESOLVED, that Mihai Dascalu be hereby authorized to travel out of state to attend the aforementioned conference, at a cost not to exceed $600.00. VOTE: Passed 7-0. RESOLUTION NO. 364 Motion by Larison, Second by Young. RE: AUTHORIZE AGREEMENT WITH HEALTH RESEARCH, INC. AND AMEND 2003 COUNTY BUDGET – PUBLIC HEALTH WHEREAS, notification has been received from Health Research, Inc. authorizing up to $111,170, payable in installments, to support Public Health Preparedness and Response to Bioterrorism. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to amend the 2003 Public Health Department Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION $ 6,018 4010.100-4028 Personnel $ 2,082 4010.489-4028 Fringe Benefits $ 50,000 4010.200-4028 Equipment $ 53,070 4010.400-4028 Contractual $111,170 $111,170 4010-4401-4028 Revenue, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Health Research Inc. for a $111,170 Bioterrorism grant for the term September 1, 2003 – August 31, 2004; subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 365 Motion by Larison, Second by Young. RE: AUTHORIZE MARCIA KASPRZYK AS ACTING DIRECTOR OF PATIENT SERVICES - PUBLIC HEALTH WHEREAS, the Director of Patient Services position has been vacant since August 5, 2003, and WHEREAS, the Director of Patient Services position is mandated by the NYS Department of Health. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services and Public Health to appoint Marcia Kasprzyk as the Acting Director of Patient Services until such time as this position is filled. VOTE: Passed 7-0. RESOLUTION NO. 366 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH SCHUYLER HEAD START - MENTAL HEALTH WHEREAS, the Schuyler Head Start program is in need of the skills of a Staff Social Worker and a Psychologist, and WHEREAS, the Schuyler Head Start program will reimburse the Community Services Department for services provided from September 1, 2003 through June 30, 2004 in the following amounts: $50.00 per hour for the Staff Social Worker, up to four and one-half hours per week $65.00 per hour for the Psychologist, up to one hour per week NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Schuyler Head Start as set forth above from September 1, 2003 through June 30, 2004 to be renewed annually, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 367 Motion by Larison, Second by Young. RE: AUTHORIZE CHANGE IN CRITERIA FOR THE PHYSICALLY HANDICAPPED CHILDREN’S PROGRAM - PUBLIC HEALTH WHEREAS, the financial criteria for the Physically Handicapped Children’s Program has not been changed since the beginning of the program, and WHEREAS, the County establishes its own criteria for this program, and PROCEEDINGS OF THE YEAR 2003 141 WHEREAS, the Child Health Plus program’s financial criteria may include a family co-payment, and WHEREAS, the Child Health Plus criteria is kept updated by the NYS Department of Health. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the financial criteria for the Physically Handicapped Children’s Program to mirror that of the Child Health Plus program criteria, including the family co-payment, and follow any future updates established by the NYS Department of Health. VOTE: Passed 7-0. RESOLUTION NO. 368 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE INCREASE IN MEDICAID TRANSPORTATION REIMBURSEMENT RATE – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services is required under certain circumstances to reimburse Medicaid recipients for cost of medical transportation, and WHEREAS, the average operating costs calculated by the American Automobile Association is $0.14/mile for 2004, and WHEREAS, the Department wishes to update its medical transportation policy. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be hereby authorized to reimburse mileage for Medicaid recipients with prior approval at a rate of $0.14/mile effective January 1, 2004, funding to be included in the Social Services 2004 budget, account no. 6010.395, and BE IT FURTHER RESOLVED, that reimbursement be available only for medical appointments when the direct route mileage exceeds 30 miles (not to affect reimbursement for volunteer transports such as RSVP or Office for the Aging). VOTE: Passed 7-0. RESOLUTION NO. 369 Motion by Bingell, Second by Larison. RE: AUTHORIZATION TO INCREASE THE HOURS OF THE PARALEGAL POSITION – SOCIAL SERVICES WHEREAS, it is more cost effective to prevent welfare fraud by denying benefits to ineligible applicants rather than to detect fraud after-the-fact, and WHEREAS, the Department of Social Services continues to expand its welfare fraud detection efforts, and WHEREAS, in order to expand the efforts to include the child care subsidy program and some MEDICAID programs it is necessary to add additional hours to the Department’s Paralegal, and WHEREAS, fraud detection procedures implemented in late 1998 have resulted in over $300,000 in savings to local taxpayers by denying welfare benefits to those applicants found not to be eligible. NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature authorizes an increase in the weekly hours of the Paralegal position in Social Services, to be effective January 1, 2004, from 25 hours per week to 30 hours per week at an hourly rate of $18.35, funding to be included in the Department’s 2004 budget, line 6010.100. DISCUSSION: Legislator Young asked for clarification about the position just recently authorized to help with fraud investigations. Attorney Coleman explained that there are two components to that office, one is the Paralegal and the other is the Investigator. The latter component is separate from the former. VOTE: Passed 7-0. RESOLUTION NO. 370 Motion by Bingell, Second by Larison. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN TO MODIFY PERFORMANCE APPRAISAL SALARY ADVANCEMENT FOR THE YEAR 2004 WHEREAS, the Management and Finance Committee wish to modify the performance appraisal salary advancement criteria for the year 2004. NOW, THEREFORE, BE IT RESOLVED, that the Salary Advancement section in the Management/Confidential Salary Plan be amended to read as follows in bold: Outstanding Rating will receive a Cost of Living Adjustment (COLA) on the actual salary plus two percent (2%) on the mid-point of the salary range. Acceptable Rating will receive a Cost of Living Adjustment (COLA) on the actual salary, plus one 142 SCHUYLER COUNTY LEGISLATURE percent (1%) on the mid-point of the salary range. VOTE: Passed 6-1. No: Gifford. RESOLUTION NO. 371 Motion Bingell, Second by Larison. RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 2003 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2004 WHEREAS, County Law Section 201 states that any change in compensation of such officer during his/her term be made only by Local Law subject to the provisions of Section 24 of the Municipal Home Rule Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4 of the year 2003 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on November 10, 2003 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 4 OF THE YEAR 2003 A Local Law Setting Salaries for Certain Public Officers for the Year 2004. Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the following adjustments of salaries for the public officers listed below shall be in the amounts herein stated effective January 1, 2004. 3. The following public officers are subject to the provisions hereof: Personnel Officer $36,066 Deputy County Clerk $29,828 Assistant District Attorney $58,531 Assistant District Attorney $20,560 Conf. Sec’y. to District Attorney $30,813 Commissioner of Social Services $55,698 County Highway Superintendent $49,757 Deputy County Highway Supt. $44,187 Undersheriff $45,004 Deputy Comm. Of Board of Elections $21,966 Deputy Comm. Of Board of Elections $21,966 Board of Election Commissioner $2,124 Board of Election Commissioner $2,124 3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24. VOTE: Passed 7-0. RESOLUTION NO. 372 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS/AUTHORIZE CONTRACT ADDENDUM WITH HEALTH CARE COMPLIANCE ENTERPRISE FOR HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT (HIPAA) COMPLIANCE WHEREAS, Resolution No. 228-03 authorized a contract with Health Care Compliance Enterprise, LLC for a HIPAA assessment, and WHEREAS, there is still about $3,000 worth of work to be done before completion. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an addendum to the agreement with Health Care Compliance Enterprise for HIPAA compliance at a cost not to exceed $3,000; subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to transfer $3,000 from Contingency account no. 1990.500 to Legislative account no. 1010.435 to pay for the remainder of the above referenced amended contract. VOTE: Passed 7-0. RESOLUTION NO. 373 Motion by Bingell, Second by Larison. PROCEEDINGS OF THE YEAR 2003 143 RE: RESOLUTION TO RE-ESTABLISH THE HEALTH INSURANCE REVIEW COMMITTEE WHEREAS, the Health Insurance Review Committee was originally created by Resolution No. 448–99 in order to review health insurance options for the future in an effort to provide adequate health insurance coverage to the employees that is affordable to the County, and WHEREAS, the committee has been inactive for a number of years, however there is still a need for review of the County’s health insurance program especially due to the escalating cost of health insurance. NOW, THEREFORE, BE IT RESOLVED, that the Health Insurance Review Committee is hereby re- established and charged to review and make recommendations for revisions to the County’s health insurance program, and BE IT FURTHER RESOLVED, that the committee will consist of the following representatives/alternates: (2) Representatives/Alternates from the Administrative Unit CSEA (1) Representative/Alternate from the Highway Unit CSEA (1) Representative/Alternate from the Deputy Sheriff’s Association (1) Representative/Alternate for the Towns (1) Representative/Alternate for the Villages (1) Management Level Representative/Alternate (1) Legislator Clerk to the Legislature (Human Resources Manager) VOTE: Passed 7-0. RESOLUTION NO. 374 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS TO COVER RETROACTIVE UNION SALARIES AND COST OF LIVING ADJUSTMENTS – TREASURER BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer funds appropriated in the 2003 Budget for salary increases into the following accounts in order to cover the Administrative Unit contract agreement for retroactive pay and other cost of living adjustments that need addressing: ACCOUNT NO. AMOUNT General Fund 1010.100 $ 1,170.00 1325.100 $ 2,140.00 1355.100 $ 1,279.00 1410.100 $ 4,914.00 1431.100 $ 1,487.00 1460.100 $ 750.00 1620.100 $ 3,731.00 3140.100 $ 4,534.00 4010.100 $ 6,199.00 6010.100 $24,499.00 6772.100 $ 7,989.00 7310.100 $ 803.00 9522.900 $ 764.00 9524.900 $ 29.00 9010.801 $ 3,000.00 9030.802 $ 4.551.00 Total $67,839.00
County Road Fund 5010.100 $ 764.00 D 5031 $ 764.00
144 SCHUYLER COUNTY LEGISLATURE Machinery Fund 5131.100 $ 29.00 DM 5031 $ 29.00 VOTE: Passed 7-0. RESOLUTION NO. 375 Motion by Bingell, Second by Larison. RE: AUTHORIZE LEASE RENEWAL WITH CORNELL COOPERATIVE EXTENSION – BUILDINGS AND GROUNDS WHEREAS, a discrepancy has been found in the amount of square footage leased by Cornell Cooperative Extension. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with the Cornell Cooperative Extension for rental of the increased square footage of 2,079 square feet of office space on the second floor of the Rural Urban Center at a cost of $18,711.00 for the term of the lease, said lease to run from January 1, 2004 through December 31, 2004, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 376 Motion by Bingell, Second by Larison. RE: AUTHORIZE LEASE RENEWAL WITH FINGER LAKES ALCOHOLISM COUNSELING AND REHABILITATION ASSOCIATION (FLACRA) – BUILDINGS AND GROUNDS WHEREAS, FLACRA has requested to continue using office space in the County Office Building, and WHEREAS, the square footage space within the Department of Social Services offices used by FLACRA for case management purposes has been reduced. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a lease agreement renewal with FLACRA for rental of the reduced square footage of 42 square feet of office space on the basement floor of the County Office Building at a cost of $378 for the term of the lease, said lease to run from January 1, 2004, through December 31, 2004, subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 377 Motion by Bingell, Second by Larison. RE: AUTHORIZE MONITORING AGREEMENT RENEWAL WITH SENTRY ALARM/CPE COMMUNICATIONS FOR FIRE ALARM MONITORING – BUILDINGS AND GROUNDS WHEREAS, the Building Maintenance Supervisor has requested quotes for fire alarm monitoring for county property, and WHEREAS, Sentry Alarm/CPE Communications has quoted the best price for this service in the amount of $552.00 per year. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Sentry Alarm/CPE Communications for the fire alarm monitoring for county buildings for the term of January 1, 2004 through December 31, 2006, funding to be made available in the 2004 Buildings and Grounds budget account no 1620.400; subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 378 Motion by Larison, Second by Bingell. RE: AUTHORIZE LEASE RENEWAL WITH THE SCHUYLER COUNTY YOUTH BUREAU – BUILDINGS AND GROUNDS WHEREAS, the Youth Bureau occupies Suite 301 in the Rural Urban Center, and WHEREAS, the annual rent will no longer be paid annually, but will be paid in quarterly payments of $1,577.25. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with Schuyler County Youth Bureau for rental of 701 square ft. in Suite 301 of the Rural Urban Center, said lease to run from January 1, 2004 through December 31, 2004, subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. PROCEEDINGS OF THE YEAR 2003 145 RESOLUTION NO. 379 Motion by Larison, Second by Bingell. RE: AUTHORIZE AMENDMENT TO THE 2003 LEASE AGREEMENT WITH FAMILIES FIRST – BUILDINGS AND GROUNDS WHEREAS, Resolution 308 of 2003 authorized a lease agreement with Families First for Suite 304 in the Rural Urban Center, and WHEREAS, the Rape Crisis Center has requested the use of some of the Families First space, and WHEREAS, a 138 square feet conference room in Suite 304 could be made available for the Rape Crisis Center. NOW, THEREFORE, BE IT RESOLVED, that the lease agreement with Families First be amended to reflect a decrease of 138 square feet in the fourth quarter billing of 2003, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said amendment with Families First; said lease to run through December 31, 2003, subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 380 Motion by Larison, Second by Bingell. RE: AUTHORIZE LEASE AGREEMENT WITH THE RAPE CRISIS CENTER FOR 2003-2004 – BUILDINGS AND GROUNDS WHEREAS, the Rape Crisis Center has requested the use of office space at the Rural Urban Center, and NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with the Rape Crisis Center for rental of 138 square feet of office space on the third floor of the Rural Urban Center at a cost of $ 1,552.50 for the term of the lease, said lease to run from October 1, 2003 through December 31, 2004, to be renewed on a calendar year; subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 381 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE LEASE RENEWAL WITH FAMILIES FIRST – BUILDINGS AND GROUNDS WHEREAS, the Families First program occupies Suite 304 in the Rural Urban Center, and WHEREAS, the annual rent will be $9.00 per square feet, to be paid in quarterly payments of $1,678.50. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with Schuyler County Families First for rental of 746 square feet in Suite 304 of the Rural Urban Center at a cost of $6,714 annually, said lease to run from January 1, 2004 through December 31, 2004, said lease is subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 382 Motion by Bingell, Second by Yuhasz. RE: ADOPT POLICY AND PROCEDURE FOR THE USE OF THE CENTRAL GARAGE – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree that there needs to be guidelines established regarding Central Garage functions, and WHEREAS, a complete policy and procedure manual was initiated by the Highway Department with clarifications that have been approved by the Public Works Committee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the Central Garage Policies and Procedures established on October 14, 2003. VOTE: Passed 7-0. RESOLUTION NO. 383 Motion by Bingell, Second by Yuhasz. RE: ACCEPT PROPOSAL FROM DICKS ENTERPRISES FOR DEER CARCASS REMOVAL – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree to exercise an available two-year contract renewal for the Deer Carcass Removal, and WHEREAS, Dicks Enterprises has agreed to extend the original agreement at the original bid price of $27.50 for each removal. 146 SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the quote from Richard H. Simonsen/Dicks Enterprises, 3529 Rt. 14, Himrod, NY 14842 for $ 27.50 each, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a renewal agreement with Dicks Enterprises effective January 1, 2004 through December 31, 2005; funding available in the 2004/2005 budget no. 5110.400; subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. Abstain: Larison. RESOLUTION NO. 384 Motion by Bingell, Second by Young. RE: AUTHORIZE CONTRACT RENEWAL WITH METEORLOGIX FOR WEATHER STATION – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee have agreed there is a need for the Highway Department to maintain an annual subscription agreement with Meterologix that will enable the county to have instant access to comprehensive regional and national weather data. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Meteorlogix for the Highway Department for the term January 1, 2004 through December 31, 2004, in the amount of $1,104.00, funding available in the 2004 budget account no. 5142.400; subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 385 Motion by Bingell, Second by Young. RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS FOR THE CONSTRUCTION INSPECTION SERVICES FOR COUNTY ROUTE 16 BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT WHEREAS, bids were collected and awarded for the replacement of BIN 3332670, CR 16 Bridge over a Tributary to Meads Creek, and WHEREAS, the construction of this project has begun, and an agreement is necessary for Construction Inspection Services, and WHEREAS, the Highway Superintendent and Public Works Committee recommend that Hunt Engineers be retained for Construction Inspection Services for the replacement of this bridge. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to this agreement not to exceed $16,692.00; funding available in the 2003 budget account no. 5020.400; subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 386 Motion by Bingell, Second by Young. RE: AMEND RESOLUTION NO. 215-03 TITLED - AUTHORIZE CREATION AND FILLING OF ONE (1) SEASONAL LABORER POSITION AND FILLING OF THE TWO (2) SEASONAL LABORER AND ONE (1) MOTOR EQUIPMENT OPERATOR POSITIONS - HIGHWAY WHEREAS, the Highway Superintendent and the Public Works Committee have agreed that due to extensive flood damage, the regular work performed by the seasonal labor force was cut, and WHEREAS, there is a tremendous amount of weed control, bridge cleaning and maintenance work that still needs to be completed, and WHEREAS, Resolution No. 215-03 states that the seasonal positions are to be filled for no more than a four (4) month period. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the amendment of Resolution No. 215-03 to read that the seasonal positions at the Highway Department shall be filled for a six (6) month period, and BE IT FURTHER RESOLVED, that the additional cost for salaries will be offset by Federal Emergency Management Agency funds. VOTE: Passed 7-0. RESOLUTION NO. 387 Motion by Bingell, Second by Larison. RE: REQUEST STATE TO ABANDON MAINTENANCE JURISDICTION OF LAND IN THE TOWN OF CATHARINE ACQUIRED FOR HIGHWAY PROCEEDINGS OF THE YEAR 2003 147 WHEREAS, the County of Schuyler owns certain lands in the Town of Catharine more fully described in New York State Department of Transportation, Surplus Property Case #06-111-267, and WHEREAS, the County of Schuyler and the State of New York have determined that said property is surplus to the needs of the County and the State, and WHEREAS, the adjacent property owner, Mr. Carl and Mrs. Laurie Scullin, is interested in acquiring a portion of Route 224 Highway Right-of-Way from the County, and WHEREAS, before the County can convey such land, it needs to request the New York State Department of Transportation to abandon its maintenance jurisdiction over the said parcel. NOW, THEREFORE, BE IT RESOLVED, that the New York State Department of Transportation be, and hereby is, requested to release and abandon its maintenance jurisdiction over the property more fully described in New York State Department of Transportation, Surplus Property Case #06-111-267 and, BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, directed to send three certified copies of this Resolution to Glenn Meteer, Regional Real Estate Officer of the New York State Department of Transportation at 107 Broadway, Hornell, New York, 14843, and BE IT FURTHER RESOLVED, that when all conditions precedent have been satisfied the Chairman of the Legislature and the County Attorney shall take all steps necessary to negotiate a sale of such parcel to the adjacent owners upon such terms as shall be satisfactory to the Chairman and County Attorney and in accordance with Highway Law Section 118-a. VOTE: Passed 7-0. PUBLIC HEARING ON AGED EXEMPTION SLIDING SCALE INCREASE: Real Property Tax Agency Director Thomas Bloodgood summarized the increase, which represents an approximate 10% increase to the scale, which has not been adjusted since the mid 1990s. RESOLUTION NO. 388 Motion by Bingell, Second by Larison. RE: ADOPT INCREASE IN THE CURRENT AGED EXEMPTION SLIDING SCALE INCOME LIMIT – REAL PROPERTY TAX WHEREAS, the Schuyler County Legislature duly advertised and conducted a public hearing in respect to a proposed increase in the income limit for exemption from taxation in the case of persons 65 years of age or older, and WHEREAS, the current base income limit was set by resolution in 1994 and has remained unchanged since then, and WHEREAS, this Legislature deems an increase in the exempt amount on a sliding scale from a $10,000 to an $11,000 base income proper and necessary. NOW, THEREFORE, BE IT RESOLVED, that the income limit for the partial exemption from real property taxation pursuant to section 467 of the Real Property Tax Law for persons 65 years of age or older be increased to correspond with the sliding scale outlined below, effective with the 2004 assessment rolls for the 2005 taxes and thereafter. INCOME LIMIT % OF EXEMPTION $11,000 50% $12,000 45% $13,000 40% $14,000 35% $14,900 30% $15,800 25% $16,700 20% VOTE: Passed 7-0. RESOLUTION NO. 389 Motion by Bingell, Second by Larison. RE: AUTHORIZE INTERGOVERNMENTAL AGREEMENT WITH ALL SCHUYLER COUNTY TOWNSHIPS FOR REMOTE CONNECTION TO COUNTY NETWORK – INFORMATION TECHNOLOGY SERVICES WHEREAS, the Real Property Tax Service is upgrading their assessment information software, and 148 SCHUYLER COUNTY LEGISLATURE WHEREAS, it is necessary for the proper operation of this software for individual town assessors to remotely access and update their portion of the above mentioned software, and WHEREAS, it is necessary for appropriate actions be taken to protect both the County Network and the individual assessor and/or township computers from being compromised or allowed unauthorized access. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute an Intergovernmental Agreement with all town assessors for such purposes as stated above with no costs incurred by the County; subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 390 Motion by Larison, Second by Bingell. RE: RESOLUTION ADVOCATING A VOTER-VERIFIED PAPER TRAIL IN OUR VOTING MACHINES – BOARD OF ELECTIONS WHEREAS, in October 2002, Congress passed the Help America Vote Act (HAVA), to help states throughout the Country replace anticipated and unreliable punch card and butterfly ballot voting systems, and WHEREAS, HAVA is having the unintended consequences of fueling a rush by states including New York State to purchase computer-voting systems that suffer serious flaws in that voters and election officials have no way of knowing whether the computers are counting votes properly, and WHEREAS, voting should not be an act of blind faith, but an act of record, and WHEREAS, a recount requires that there be a reliable record to check and without an actual paper record that each voter can confidentially inspect, faulty or hacked computer systems will simply spit out the same faulty or hacked result, and WHEREAS, the current law does nothing to protect the integrity of our elections against computer malfunction, computer hackers, or any other potential irregularities as indicated by computer error in elections in 2002. Where brand new computer voting systems used in Florida lost over 100,000 votes due to a software error and other irregularities were reported in New Jersey, Missouri, Georgia, Texas, and at last 10 other states. NOW, THEREFORE, BE IT RESOLVED, that this Legislature wants every vote in every election to be accurately counted in time for the 2004 federal election by: Requiring all voting systems to produce a voter-verified paper record for use in manual audits and recounts. This requirement means that the DRE (direct recording electronic voting machines) would print a ballot that each voter would verify as accurate and deposit into a ballet box for later use in a recount. Banning the use of undisclosed software and wireless communications devices in voting systems. Requiring that all voting systems meet these requirements in time for the general election in November 2004. Requiring that electronic voting systems be provided for persons with disabilities by January 1, 2006, which is one-year earlier that currently required by HAVA. Require that the voting machines must also provide voter verified ballots. This can be done by producing optical scan ballots that can be read by an optical scanner with a headphone attached for blind and visually impaired people. Requiring mandatory surprise recounts in 0.5% of domestic jurisdictions and 0.5% of overseas jurisdictions, and BE IT FURTHER RESOLVED, that this Legislature request that these provisions be amended to the New York State HAVA in a timely manner so that New York State would have until December 2003 to request additional fund to meet this requirement. VOTE: Passed 7-0. RESOLUTION NO. 391 Motion by Larison, Second by Bingell. RE: AUTHORIZE FUNDING IMMUNIZATIONS TO THE HUMANE SOCIETY EMPLOYEES HANDLING DOGS AND CATS AT THE CLINICS – SHERIFF’S DEPARTMENT WHEREAS, the Humane Society has approached the Public Safety/Criminal Justice Committee and advised them that their volunteers are at risk of exposure when giving rabies vaccinations to dogs and cats that have not been vaccinated, and PROCEEDINGS OF THE YEAR 2003 149 WHEREAS, pre-exposure treatments cost approximately $500 each and post exposure treatments can cost up to $1,500 each, and WHEREAS, the Public Safety/Criminal Justice Committee would like to see the Sheriff work with the Public Health Department on possibly obtaining these immunizations at a lower cost and then issuing them to Humane Society volunteers if there are available funds in the Sheriff’s 2003 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff will issue immunizations to the Humane Society volunteers pending the availability of funds, effective immediately. VOTE: Passed 7-0. RESOLUTION NO. 392 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH OP-TECH ENVIRONMENTAL SERVICES, INC. TO PROVIDE EMERGENCY RESPONSE TO HAZARDOUS MATERIAL CONDITIONS – EMERGENCY MANAGEMENT WHEREAS, Schuyler County lacks resources to handle an emergency hazardous material incident, and WHEREAS, Op-tech Environmental Services, Inc. will respond when called to handle such an event, and they will bill Schuyler County for their services at the incident if they are not contracted by the incidents responsible party, all possible resources would be used prior to contacting Op-tech, and WHEREAS, the New York State Department of Environmental Conservation (DEC) will seek reimbursement on behalf of Schuyler County from the responsible party or, failing DEC action, Schuyler County will seek reimbursement from the responsible party, and, WHEREAS, Op-tech Environmental Inc. will charge on a per call basis only, no charge for an annual contract. The contract will be renewed annually. Use of this Company would be under the exclusive control of the Emergency Management Office. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with OP-TECH Environmental Service Inc. for the Emergency Management Office for Hazardous Material Services for the term November 11, 2003 through October 31, 2004, funding available in the 2004 Emergency Management account no. 3689.435-Contractors; subject to approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 393 Motion by Larison, Second by Bingell. RE: AUTHORIZE 2002-2003 GRANT APPLICATIONS WITH THE STATE HOMELAND SECURITY GRANT PROGRAM, COORDINATED BY NEW YORK STATE WEAPONS OF MASS DESTRUCTION TASK FORCE – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for assistance under the Exercises and Training Grants for Fiscal Year 2002 (FY02), and Fiscal Year 2003 (FY03) WHEREAS, this grant is for certain exercises, training and administrative expenses associated with these Exercises and Trainings, and WHEREAS, the tentative FY02 allocation for Schuyler County under the exercise and evaluation program is $537.00, and WHEREAS, the tentative FY03 allocation for Schuyler County under this program is $3,993 for exercises, and allocated for training is $2,007, and WHEREAS, the tentative FY03 Supplemental Exercise Assistance allocation for Schuyler County is $900 allocated for exercises and $4,500 is allocated for training. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the aforementioned grant funds with the State Emergency Management Office; aforesaid documents subject to approval by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 394 Motion by Larison, Second by Bingell. RE: RE-APPOINTMENT OF RON ALEXANDER TO THE CONDITIONAL RELEASE COMMISSION – PROBATION DEPARTMENT 150 SCHUYLER COUNTY LEGISLATURE WHEREAS, Ronald G. Alexander was appointed to serve on the Local Conditional Release Commission for a period of four (4) years pursuant to Resolution No. 172 of 1991 and was re-appointed for terms of four (4) years each in 1995 and 1999, and WHEREAS, Mr. Alexander is willing to continue serving on said Commission. NOW, THEREFORE, BE IT RESOLVED, that Ronald G. Alexander be re-appointed to serve on the Local Conditional Release Commission for a term of four (4) years commencing on 10/14/03 and terminating on 10/13/07. VOTE: Passed 7-0. RESOLUTION NO. 395 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FOR EXPERT WITNESS EXPENSE – DISTRICT ATTORNEY WHEREAS, the District Attorney’s Office will be incurring trial expenses in the matter of “The People of the State of New York versus Elizabeth A. Kettle”, and WHEREAS, it has become necessary to hire an expert witness to testify in this case, and it is anticipated that that cost will be approximately $15,000.00. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer the amount of $15,000 from Contingency account no. 1990.500 to District Attorney account no. 1165.0443, for the purpose of paying the State’s expert witness. VOTE: Passed 7-0. RESOLUTION NO. 396 Motion by Bingell, Second by Young. RE: AUTHORIZE CONTRACTS FOR PROJECTS AS A RESULT OF FLOOD DAMAGE – HIGHWAY DEPARTMENT WHEREAS, the Federal Emergency Management Agency (FEMA) and the Federal Highway Administration will be issuing funds to counties that suffered damages from the July 24, 2003 flood, and WHEREAS, the Schuyler County Highway Superintendent wishes to enter into numerous agreements with contractors to do work such as reconstruction and repairs, at a cost not to exceed $10,000 with each contractor, and WHEREAS, NYS Department of Environmental Conservation has issued emergency 30-day permits to work in the streams for channel and related flood damages. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute all necessary agreements, certifications or reimbursement requests for Federal Aid on behalf of the County of Schuyler from FEMA and Federal Highway Administration. VOTE: Passed 7-0. RESOLUTION NO. 397 Motion by Bingell, Second by Young. RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 2003 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 4% WHEREAS, the Legislature requested the New York State Legislature to enact Legislation allowing Schuyler County to increase its Room Tax to 4%, and WHEREAS, the State Legislature has granted that request by passing Senate Bill S.3413 and Assembly Bill A. 7348, which Bills were signed into law, and WHEREAS, in order to increase the room tax, Local Law No. 2 of the Year 1988 needs to be amended. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5 of the Year 2003 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on November 10, 2003 at 7:30 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2003 Local Law No. 2 of the year 1988 is hereby amended as follows: 2. IMPOSITION OF TAX PROCEEDINGS OF THE YEAR 2003 151 On and after the first day of December 1, 2003 there is hereby imposed and shall be paid a tax of four (4%) upon the rent for every occupancy of a room or rooms in a hotel, motel, bed and breakfast or tourist facility having one or more rooms in this County except that the tax shall not be imposed upon (1) permanent resident, or (2) exempt organizations as hereinafter set forth. All provisions of Local Law No. 2 of the year 1988 not amended hereby shall remain in full force and effect. This Local Law shall take effect upon filing in the office of the Secretary of State as provided by the Municipal Home Rule Law. DISCUSSION: Legislator Yuhasz said he understands the concerns of the citizens and asked if the county would be able to take additional revenues from Walmart to offset financial issues? Chairman Gifford said it is difficult to attribute sales tax revenues to one business and there is no one thing that can help with Medicaid. Legislator Young feels Schuyler County is made up of small businesses and that they need to re-energize their local economy, not the larger chains. She will vote to have the public hearing, but reserved the right to vote no after the hearing. She is also very concerned with the county budget. She encouraged the public to give any ideas to help trim the budget. Legislator Larison expressed his support for the business owners. VOTE: Passed 6-1. No: Larison. RESOLUTION NO. 398 Motion by Bingell, Second by Young. RE: RESOLUTION ESTABLISHING A MORTGAGE TAX INCREASE FOR SCHUYLER COUNTY TO OFFSET COMMUNITY COLLEGE EXPENSES WHEREAS, the Schuyler County Legislature requested special State Legislation to authorize them to increase its Mortgage Tax from .75% to 1%, and WHEREAS, that Legislation was passed on September 22, 2003 authorizing Schuyler County to increase its Mortgage Tax. NOW, THERFORE, BE IT RESOLVED, that the Schuyler County Mortgage Tax will be increased from .75% to 1% and shall take effect only on the first day of the third month succeeding the month in which such resolution is duly adopted. Such a resolution shall not be effective unless a certified copy thereof is mailed by registered or certified mail to the state tax commission at its office in Albany at least sixty days prior to the date the resolution shall take effect. However, the tax commission may waive and reduce such sixty-day notice requirement to a requirement that such certified copy be mailed by registered or certified mail within a period of not less than thirty days prior to such effective date if it deems such action to be consistent with its duties under this article. A certified copy of any resolution adopted pursuant to this subdivision shall also be filed with the state comptroller within five days after the date it is duly adopted. Notwithstanding any other provision of law to the contrary, the mortgage recording tax shall not be imposed upon any mortgage executed by a voluntary nonprofit hospital corporation or upon any mortgage executed by or granted to the dormitory authority. Such increase is intended to be used specifically to offset community college expenses. VOTE: Passed 7-0. RESOLUTION NO. 399 Motion by Bingell, Second by Larison. RE: AUTHORIZE FILLING OF SOCIAL WORK ASSISTANT POSITION - MENTAL HEALTH WHEREAS, the Schuyler County Mental Health Clinic has a vacant Social Work Assistant position, which has not been filled in over 90 days. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services /Public Health to fill the vacant Social Work Assistant position, Grade 22, $14.93 per hour, in the Mental Health Clinic, effective immediately; funding is available in the year 2003 budget. VOTE: Passed 7-0. RESOLUTION NO. 400 Motion by Bingell, Second by Larison. RE: EXTEND AGREEMENT WITH SCHUYLER HOSPITAL, INC. FOR HOMECARE AND REHABILITATION THERAPY SERVICES FOR 2002 - 2003 - PUBLIC HEALTH WHEREAS, Resolution No. 410-02 authorized an agreement between Schuyler Hospital and Public Health for nursing services, home health aides and therapy services, and WHEREAS, such agreement expired July 31, 2003, and 152 SCHUYLER COUNTY LEGISLATURE WHEREAS, both Schuyler Hospital and Public Health agree that there will be no change to the rates charged for these services through the end of 2003, and WHEREAS, both parties desire this agreement be returned to the calendar year contract cycle, and WHEREAS, funding is available to extend this agreement through December 31, 2003 in the Public Health 2003 budget, account no. 4010.490. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to extend the agreement with Schuyler Hospital, Inc. for homecare, home health aides and rehabilitation therapy services through December 31, 2003 as written, including addendums, to be renewed on a calendar year, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. WITHDRAWN RE: AUTHORIZE MEMORANDUMS OF AGREEMENT WITH THE DEPUTY SHERIFF’S ASSOCIATION - WITHDRAWN WHEREAS, the County and the Deputy Sheriffs Association agree upon certain terms relative to adding four titles to the 2003-2007 Agreement that were never included in the past, and additionally agree that this will be allowed retroactive to January 1, 2003, and WHEREAS, it is understood that these titles will be added with a sunset clause to expire at the end of the contract term, December 31, 2007, at which time it is to be re-negotiated, and if the contract is re-opened for any reason prior to the sunset term, that this issue will be further negotiated during said re-opener. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to the terms of the Memorandums of Agreement as set forth above as addendums to the 2003-2007 Deputy Sheriffs Association Contract Agreement, and authorizes the Chairman of the Legislature to execute the same. RESOLUTION NO. 401 Motion by Larison, Second by Bingell. RE: AUTHORIZE FOUR (4) RESOLUTIONS BE BROUGHT TO THE FLOOR BE IT RESOLVED, that four (4) Resolutions be brought to the floor. VOTE: Passed 7-0. RESOLUTION NO. 402 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS - DISTRICT ATTORNEY WHEREAS, the District Attorney’s Office has incurred expenses which the current budget is unable to cover, and WHEREAS, currently the District Attorney’s Office has a negative balance in the Court Reporters account no.1165.416 in the amount of $282.46 and the Mileage account no. 1165.430 in the amount of $340.27, and WHEREAS, it is anticipated that before the end of the year, there will be several other bills requiring payment that the District Attorney’s budget will be unable to meet. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer is hereby authorized to transfer to transfer the amount of $282.46 from Contingent account no. 1990.500 to account no. 1165.416-Court Reporters, and the amount of $340.27 from Contingency account no. 1990.500 to account no. 1165.430-Mileage, for the purpose of paying said expenses; along with approval for future transfers from Contingency, not to exceed $1,500 to cover anticipated expenses that will be incurred between now and the end of the year. VOTE: Passed 7-0. RESOLUTION NO. 403 Motion by Bleiler, Second by Bingell. RE: AMEND RESOLUTION NO. 346-03/AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO PAY FOR SALARIES – BOARD OF ELECTIONS - FAILED BE IT RESOLVED, that Resolution No. 346-03 be amended as follows, changes in bold: WHEREAS, the Board of Election Commissioners recognize additional part-time personnel is necessary to assist in the 2003 personnel transition for the possibility of both Deputy Commissioners retiring at the end of the year, and WHEREAS, to help with the current back-log, expected workload demands and to train staff, the Board of Election Commissioners would like to request additional funding for training in the office, and PROCEEDINGS OF THE YEAR 2003 153 WHEREAS, the Commissioners also anticipate mandated changes in elections procedures and programs with regard to “compliance” in the implementation of the State’s plan to satisfy the Federal and State legislative requirements of the Help America Vote Act (HAVA) to increase the volume of work required of Board of Elections personnel. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the amount of $3,520 from Contingency account no. 1990.500 to account no. 1450.100 to cover said training for a period of September 29, 2003 through December 31, 2003. DISCUSSION: Legislator Bingell feels there will be a lapse in between the training and hire date for the second trainee since the second Deputy Commissioner is not leaving county employment until April. Legislator Larison explained that this person would stay on and they are funding it in the 2004 budget. Legislator Bingell said she understands that, but feels it is more effective to train one at a time. Legislator Yuhasz noted that the Legislature just controls the purse strings, the Board of Elections Commissioners can spend it as they choose. The Commissioners would like to have both of the new personnel trained this year and have the other trainee stay on board until April. Legislator Bleiler believes all the county departments have tried to pick up slack and do double time in order to train or complete a task. They have had other staff volunteer time to train, like for foster care families. VOTE: Failed 3-4. Noes: Bleiler, Bingell, Young, Gifford. RESOLUTION NO. 404 Motion by Bleiler, Second by Bingell. RE: ENDORSE CONCEPT OF PART-TIME PUBLIC DEFENDER OFFICE FOR PRELIMINARY BUDGET PURPOSES WHEREAS, the current part-time Public Defender has tendered his resignation by the end of this year, and WHEREAS, the Public Safety & Criminal Justice Committee has been investigating staffing alternatives for that office, and WHEREAS, for purposes of submitting a preliminary 2004 budget, the Public Safety & Criminal Justice Committee would like the Legislature to endorse the following concept while they continue their investigation. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby endorses the concept of the Office of Public Defender consisting of a part-time Public Defender, Assistant Public Defender and necessary administrative support for purposes of submitting a preliminary 2004 budget for said office, and encourages the Public Safety & Criminal Justice Committee to continue exploring this issue in a timely manner. VOTE: Passed 7-0. RESOLUTION NO. 405 Motion by Bleiler, Second by Bingell. RE: RESOLUTION SUPPORTING THE NEW YORK STATE CERTIFIED APPRENTICESHIP PROGRAM WHEREAS, maintaining a skilled and qualified labor force is essential to a healthy local economy, and WHEREAS, the New York State Department of Labor’s “Certified Apprenticeship Program” offers area businesses the opportunity to participate in a labor-force training program, with an approved curriculum, monitored for quality assurances purposes by the Department of Labor, and WHEREAS, said Certified Apprenticeship Program aids in providing local businesses with a skilled labor force, uniformly trained in their respective discipline, and WHEREAS, said Certified Apprenticeship Program aids in providing local citizens with an opportunity to be trained in a skilled-trade, thereby increasing their individual marketability and prosperity, and WHEREAS, absent such Certified Apprenticeship Program, a quality training program uniformly applied by area of expertise, would likely not exist. NOW, THEREFORE, BE IT RESOLVED, that in support of such programs which aid both local businesses and local citizens to prosper in the economy, the County of Schuyler in its procuring and contracting programs, will make every good faith effort to engage businesses which are participating in one or more New York State Certified Apprenticeship Programs, and BE IT FURTHER RESOLVED, that nothing herein shall be construed to mandate that the County of Schuyler enter into any agreements or contracts if same would be contrary to state law, including but not limited 154 SCHUYLER COUNTY LEGISLATURE to, competitive bidding regulations. DISCUSSION: Legislator Yuhasz said he agrees with the concept of this program, but feels this resolution does not do anything. Legislator Bleiler said the reason we would adopt this is because the state and organized labor unions recognize the importance of this program and having skilled labor, but the public does not. This resolution would make a statement that this Legislature agrees with New York State, the unions, and recognize the value of their training. Legislator Yuhasz said he does not disagree, but why should government get involved with this? Legislator Young said the Governor has already got involved with this and has taken a bill to the State Legislature. This is a good thing for them to do. This is a good statement for Schuyler County to make. Legislator Yuhasz asked the County Attorney if the wording of this resolution is binding in any way? Attorney Coleman stated that it is the intent of this resolution that the Legislature supports and fosters the apprenticeship program. However, if there grows out of this a desire to enforce an apprenticeship program on Schuyler County contractors, we will have problems as he has cited previously. Legislator Karius feels this is not the place for government to get involved. Legislator Larison feels that this program only causes the small businessmen more expense. VOTE: Passed 5-2. Noes: Larison, Karius. NEW BUSINESS: Legislator Karius announced that the Management and Finance Committee meeting scheduled for tomorrow morning is cancelled. UNFINISHED BUSINESS: MOTION by Chairman Gifford that the consideration of the two management level appeals be tabled until October 20, 2003, SECOND by Legislator Larison. Vote passed seven ayes to zero noes. REPORT ON STANDING COMMITTEES: Legislator Bleiler reported on the Human Services Committee. He stated that the New York State Medicaid budget is larger than 40 of our 50 states’ complete budgets. Medicaid in NYS has been abused. The state legislators have taken a very good law and abused it because they pass laws that say you can use Medicaid if you qualify. Our qualifications are much different than other states. By making our qualifications different and allowing a lot more people to qualify, it makes a lot of people happy. It’s a cheap campaign because for any $1 spent on Medicaid, it only costs the state $.25. Chemung County Executive, Tom Santulli, has done a good job as far as public awareness on Medicaid. There are 3-4 plans given to state legislature encouraging them to correct the problem. He encouraged folks to get involved and speak out. Legislator Bingell reported on the Public Works Committee. The grant for Seneca Harbor Park may be used this coming Spring for beautification. The Corps of Army Engineers report indicates that we may be able to repair the breakwater before winter. Legislator Yuhasz reported on the Health Services Committee, stating that Mental and Public Health continue to try to bring money in the county and he appreciates that. PUBLIC PARTICIPATION: Kathy Walruth, CSEA Administrative Unit President, asked for an explanation of the Cost of Living Adjustment for management/confidential level employees. Chairman Gifford explained that this year it is 2.8% and is based on the second quarter of the year. Gordon Swarthout asked if the Legislature has considered how they are going to handle the damage to his front lawn since it was the Highway Superintendent and Hunt Engineers that designed the culvert that did the damage. He would also like to know if the county is going to allow Swarthout’s open dump to go on. Chairman Gifford spoke to the second issue explaining that it is a town code enforcement issue. The county does not enforce town dumping or zoning issues. Legislator Bleiler spoke to the first issue noting it had been discussed in two different committees. They spoke with Lloyd Weatherby from the Soil and Water Conservation District and Lloyd explained the situation to the committees’ satisfaction. Susan BetzJitomir asked if the county web site can include the entire county budget so folks can do an analysis if they so desire. Angie Franzese asked about the preliminary budget. Chairman Gifford said that the major contributors to increasing the 2004 budget are health insurance, which is going up 28%, retirement and Medicaid. Mrs. PROCEEDINGS OF THE YEAR 2003 155 Franzese reiterated her concern about the proposed increase in the room tax. She asked what would be the total raised by doing this? Chairman Gifford said approximately $60,000, which is given to the Chamber for tourism promotion. If this passes, there will be no other allocation made to the Chamber. The Meeting adjourned at 7:58 p.m. Gail M. Hughey, Clerk
REGULAR MEETING NOVEMBER 10, 2003
The November 10, 2003 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Kathleen Beate spoke in support of the Patriot Act Resolution on the agenda. She feels that the Constitution and Bill of Rights are what make America, America. She then cited a passage from Benjamin Franklin regarding liberties. Joann Smith also spoke in support of the Patriot Act. She thinks citizens are concerned about the Bill of Rights and civil liberties being in jeopardy. She distributed copies of information, see attachments on file. Irene Brown said she has personal knowledge of the Patriot Act. She feels it was made in a moment of fear. There are some parts of this Act that are very prejudice. She feels intimidated by this Act. It’s not just one area of people we need to worry about. This Act is very invasive to people and she feels it needs a revision. She gave the Legislature five letters written by her neighbors that could not be here tonight (on file). She asked the legislators to look at this issue carefully. When others can invade your personal life, it is not right. Gordon Swarthout feels the FBI does not need the Patriot Act because they have, over the years, already violated rights in the constitution. Jylle Benson-Gauss reported that she has more signatures on a petition. She read a petition (on file) in support of changing the Patriot Act. The line between governmental responsibilities and civil rights move, but what is in the Patriot Act is secrecy and lack of accountability. She urged, on behalf of the petitioners, to speak out and affirm commitment to the civil rights of the constitution. Michael Lesso spoke in support of the Patriot Act Resolution. He feels there are a lot of unknowns with this Act and that others have no right to invade our lives. This bill really counters the spirit of American government. Beau Depuy spoke in support of the Patriot Act Resolution and he read from a section of the Constitution relative to search and seizure. The Patriot Act vastly expanded the government’s ability to look into all of our personal business. Section 215 of Patriot Act allows the government to target innocent people, not just suspected terrorists. There should be no wiggle room with our constitutional rights. He feels it is the government’s poor attempt at reacting to 9/11. Bill Peck and Arnie Bacghni also spoke in support of the Patriot Act Resolution. 7:30 P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 5 OF THE YEAR 2003 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 4%: Carol Henry presented a petition opposing the room tax increase. She read the petition (on file). Paul Marcellus, owner of the Colonial Inn Motel for seven years, said it is a large learning curve to run a motel effectively. It is a very seasonal business and he has to charge more to make a living, and have a full- time job besides. He feels an additional 2%, doubling the tax, will hurt his business. He would rather see all the taxpayers raise an increase to the Chamber, not just the lodging business owners. The Chamber is needed and is money well spent. George Eisman, owner of The Chalet Leon in Hector, reviewed advertisements for Schuyler County, which all of the business owners pay for, and there is a lot of advertisement for out-of-county lodging businesses. He asked how they are going to address what is produced to promote Schuyler County. There are a 156 SCHUYLER COUNTY LEGISLATURE lot of businesses that benefit from tourism and asked why lodging businesses have to bear the full burden of that. He feels there should be some way to tax tourists other than just lodging fees, to include restaurants, entertainment, etc. He asked for clarification on the definition of a permanent resident. Attorney Coleman said it is just that, a permanent resident of the lodging establishment. Judy Lampman, owner of the Seneca Clipper Inn, said they will have to cut rates to compete. They are taxpayers, too, and also invest in the Chamber of Commerce. Tourists also pay sales tax. She criticized the funding increase in the contingency account for the 2004 tentative budget. She feels that more advertising will not help if they cannot stay competitive. She noted that over eighty business owners have signed a petition. William Newell said he owns a Bed and Breakfast (B&B) about a half-mile from the Yates County line, so he has competition just across the border. Schuyler County guests are currently paying 10.25% tax, and Yates County is currently charging 7% tax. It is not fair competition. This tax money is funneled to the Chamber. Every year he stocks up on brochures on everything imaginable. Most of it goes into the recycling come September, including the Schuyler County brochure. People do not read that information, with the exception of the Wine Trail information. Right now, from his own experience of fourteen years, 50% of business comes from the Internet, 30-35% are return guests and the rest from a variety of things. He has never had more than twenty stop-in guests over the last fourteen years. He feels the brochures are a waste and that the Chamber may need to change the way it operates. Terry Lampman from the Seneca Clipper Inn, said he understands that the current 2% room tax raised $65,000 in 2002. He reviewed sales tax statistics from 2002. He feels this increase will lose money because folks will stay elsewhere and businesses will close. He feels they cannot really compare room tax in Schuyler County to surrounding counties. Other counties have larger cities, major highways, industry, etc. Tourism is Schuyler County’s livelihood, not theirs. Schuyler County is really competing with Yates County mostly because they have the same demographics as us. John Smyder, a B&B owner, said they are a small business and with taxes going up, it puts a burden on their customers and the occupancy rates drop. Watkins Glen was built on Mom & Pop-type businesses. He urged the Legislature not to approve this increase. Jim Franzese, owner of the Longhouse Manor, said the Legislature must consider that the tourism season only consists of fifteen Saturdays. There is always lodging available in Schuyler County. WENY Channel 18 TV in Elmira conducted a survey tonight about this proposal. 88% of viewers said they would go elsewhere for lodging. He signed a petition against the tax increase. There were 165 people that signed, but more importantly, no one refused to sign. All of the citizens of Schuyler County are very much against this tax. John Van Soest, owner of the Fontainebleau Inn, spoke in opposition of the proposed increase. He feels this increase will affect business negatively. Lodging operators are most likely already charging the maximum they can charge and this really is taking out of the wallet of the business owner. Our county counts on tourism income. Wayne Lynch, owner of Catharine Cabins in Montour Falls, said he just opened business 3 months ago. He is still establishing a client base. He is already dealing with increased sales tax, this is just more tax. Chris Franzese, owner of the Villager Motel, said he has spoken to a number of businesses in the Village of Watkins Glen, which he listed in detail. Businesses operating in Watkins Glen signed a petition in opposition to an increase in the lodging tax. They ask the Legislature to vote no on this proposal. Gordon Swarthout feels Watkins Glen International (WGI) is the best vehicle for advertising tourism. He feels the county can forget about advertising because WGI does it for the county. Gloria Brubaker from Seneca Lodge spoke in opposition to the proposed increase. She asked what the legal ramifications are if a tax was added to race ticket sales? Attorney Coleman explained that years ago the idea of an entertainment tax was considered. This tax would fall upon not only WGI, but high school sporting events. It is possible to create such a tax, as a matter of State Law, but requires a Local Law to impose it. It brings with it, a whole host of issues. Chairman Gifford recalled that the law also exempts racetracks. Gloria asked the Legislature to not support this increase. Theresa Kelly-Remmers from the Magnolia Place gave history of getting her business going. She feels they do not have a fair playing field with this type of business. This year she will have to dip into her own PROCEEDINGS OF THE YEAR 2003 157 personal funds to get through the winter. She cannot do that every year without going out of business. She urged the Legislature to vote no on the proposed tax increase. Carol Franzese said, as a customer, when she makes a reservation, she likes to know what the tax base is, it is important to her. Surrounding counties give Schuyler County a lot of competition. Greg Bitler from the Anchor Inn, said he has not heard from anyone in support of the increase in the room tax. He understands the county’s difficult financial issues, however he feels they need to come up with another way other than this tax increase. He encouraged the legislators not to raise the room tax. WalMart projections are lower than anticipated. The economy is bad and all county programs are going to have to cut back a little bit. He also understands the importance of funding the Chamber and supports their funding. Linda Smyder feels the lodging businesses pay above and beyond the room tax by paying for advertising. Jim Franzese noted that $55,000 was removed from the budget for the Chamber and asked what percentage of the budget that equals? Chairman Gifford said it represents almost 1% of the tax levy. One percent on the local share equals $72,000. Jim said his point is that it is not a big impact. Stewart Henry spoke in opposition to the proposed increase. He referred to a study and noted that once the tax is implemented and customers are gone, they don not come back. William Newell asked for a show of hands in opposition to the tax. Many hands in the room went up. The Public Hearing closed at 8:28 p.m. RESOLUTION NO. 406 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE JULY 24, 2003 SPECIAL MEETING, THE AUGUST 4, 2003 SPECIAL MEETING, THE AUGUST 11, 2003 REGULAR MEETING, THE AUGUST 28, 2003 SPECIAL MEETING, THE SEPTEMBER 8, 2003 REGULAR MEETING AND THE OCTOBER 14, 2003 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the July 24, 2003 Special Meeting, the August 4, 2003 Special Meeting, the August 11, 2003 Regular Meeting, the August 28, 2003 Special Meeting, the September 8, 2003 Regular Meeting and the October 14, 2003 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 407 Motion by Larison, Second by Bleiler. RE: DESIGNATION OF THE AGRICULTURE FARMLAND AND PROTECTION BOARD AS THE LEAD AGENCY FOR SEQR REVIEW FOR AGRICULTURAL DISTRICT #1 WHEREAS, the Schuyler County Legislature received Part I of a Full Environmental Impact Assessment Form for Agricultural District #1, and WHEREAS, the Schuyler County Legislature is requesting that the Agricultural and Farmland Protection Board assume lead agency for the project to review the SEQR and report back to the Legislature with its findings, and WHEREAS, the Schuyler County Legislature notified agencies of its intent to request the Agricultural & Farmland Protection Board to assume lead agency for the project, and following a thirty (30) day notification period, received no interest from the other agencies to assume lead agency status for the project. NOW, THEREFORE, BE IT RESOLVED, that the Agricultural and Farmland Protection Board will assume lead agency status for Agricultural District #1 in the Towns of Hector and Montour, and BE IT FURTHER RESOLVED, that after review of Parts I and II of the Full Environmental Impact Assessment Form and other information, the Agricultural and Farmland Protection Board will determine if Agricultural District #1 will have any significant environmental impact and report back to the Legislature in order for a declaration to be prepared. VOTE: Passed 8-0. RESOLUTION NO. 408 Motion by Larison, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS TO PAY FOR EXPENDITURES IN THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Department of Social Services expects to exceed its 2003 budget for Juvenile Delinquency, Emergency Aid for Adults and Safety Net, and 158 SCHUYLER COUNTY LEGISLATURE WHEREAS, funds are available in other accounts within the department to cover these overages, and WHEREAS, the department also expects increased revenue for the Family Assistance, Juvenile Delinquency and Safety Net programs, which will partially offset some of the increased costs in Juvenile Delinquency and Safety Net: NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following transfers within the Department of Social Services 2003 Budget: Appropriations 6101.400 Medical Assistance (25,000) 6102.400 MEDICAID (15,000) 6109.400 Family Assistance 0 6119.400 Foster Care & Adoption (21,500) 6123.400 Juvenile Delinquency 150,000 6140.400 Safety Net 20,000 6142.400 Emergency Aid for Adults 1,000
Subtotal of Appropriations 109,500
Revenue 6109.3609 State Aid - Family Assistance 8,000 6109.4609 Federal Aid - Family Assistance 16,000 6123.3623 State Aid - Juvenile Delinquency 75,000 6140.3640 State Aid - Safety Net 10,000 6142.3642 State Aid – EAA 500
Subtotal of Revenue Accounts 109,500
NET TOTAL 0 VOTE: Passed 8-0. RESOLUTION NO. 409 Motion by Larison, Second by Bleiler. RE: AUTHORIZE APPOINTMENTS TO THE SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of the following individuals to the Schuyler County Youth Board for the terms December 1, 2003 through December 31, 2006: Michelle Hyde Judah Baker Chris Burns VOTE: Passed 8-0. RESOLUTION NO. 410 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE CONTRACTS FOR FAMILIES FIRST PROGRAM FOR THE YEAR 2004 – YOUTH BUREAU WHEREAS, the Youth Bureau is the coordinating department for the Families First program, and WHEREAS, the departments of Social Services, Mental Health, Public Health and Probation each have money in their respective 2004 budgets to support the Families First Program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign contracts for the Youth Bureau with the following departments for the provision of the Families First program for the year 2004; subject to the approval of the Schuyler County Attorney: Department of Social Services $10,000 Mental Health $14,000 Public Health $10,000 Probation $ 5,000 PROCEEDINGS OF THE YEAR 2003 159 VOTE: Passed 8-0. RESOLUTION NO. 411 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2004 AND RELATED CONTRACTS WHEREAS, the Schuyler County Youth Bureau has prepared and the Schuyler County Youth Board has approved a Resource Allocation Plan for the year 2004 and recommends approval thereof. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the Resource Allocation Plan and to execute all other documents pertinent to the operation of the Schuyler County Youth Bureau for the year 2004 within budgeted allocations; subject to approval of the Schuyler County Attorney, as follows: Cornell Cooperative Extension CASA of Chemung/Schuyler County Catholic Charities of the Southern Tier Council on Alcoholism of the Finger Lakes Region Community Dispute Resolution Center VOTE: Passed 8-0. RESOLUTION NO. 412 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE GRANT APPLICATION FOR YOUTH GARDEN GRANT – YOUTH BUREAU WHEREAS, the Youth Bureau offers a Youth Court program with community service as part of the program, and WHEREAS, there is a Youth Garden grant available which will supply an array of quality tools, seeds, plant material, products and educational resources, at no cost, to allow youth to use their time and energy in a constructive fashion. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application and any subsequent contracts on behalf of the Youth Bureau; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 413 Motion by Karius, Second by Young. RE: DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU WHEREAS, the New York State Office of Children and Family Services (OCFS) allows the County Chief Executive to delegate authority to their County’s Youth Bureau Directors to sign all amendments to their County’s approved allocation plan, and WHEREAS, Schuyler County has always given authority to their Youth Bureau Director to sign amendments to the fullest extent of his/her authority by OCFS standards. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize its Chairman to delegate authority to the Schuyler County Youth Bureau Director to sign OCFS amendments to the Schuyler County approved Resource Allocation Plan after approval from the Schuyler County Youth Board and with appropriate reporting to the Human Service Committee of the Legislature. VOTE: Passed 8-0. RESOLUTION NO. 414 Motion by Karius, Second by Young. RE: DECLARE EQUIPMENT SURPLUS – REAL PROPERTY TAX AGENCY WHEREAS, the Real Property Tax Department has a printer that is no longer needed by the department. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the County Legislature hereby declare said printer as surplus, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor remove said printer and place it in storage for inclusion in the County Auction. One (1) 1991 Epson DFX8000 Printer S/N OV20003725 (Asset 000990) VOTE: Passed 8-0. RESOLUTION NO. 415 Motion by Karius, Second by Young. RE: AUTHORIZE INTER-MUNICIPAL AGREEMENT WITH CHEMUNG COUNTY TO SHARE THE 160 SCHUYLER COUNTY LEGISLATURE SCHUYLER COUNTY REAL PROPERTY TAX DIRECTOR POSITION WHEREAS, Schuyler and Chemung counties have developed a proposal to share the services of our Real Property Tax Agency (RPTA) Director, and WHEREAS, the agreement essentially retains the RPTA Director as a Schuyler County employee, but shares said position with Chemung County for a payment by Chemung County equal to one half of the sum of the total/global costs of compensation paid to said position (for 2004 Chemung County will pay $41,565), and WHEREAS, for the month of December, 2003 Chemung County will pay $3,463.78. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an inter-municipal agreement with Chemung County for shared services of the Schuyler County Real Property Tax Director as set forth above, said agreement to run from December 1, 2003 through September 30, 2007, subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 416 Motion by Larison, Second by Yuhasz. RE: SET STIPEND FOR ADDITIONAL REAL PROPERTY TAX DIRECTOR SERVICES AND AMEND THE 2003 BUDGET – REAL PROPERTY TAX WHEREAS, the Legislature has authorized an inter-municipal agreement to share the services of our Real Property Tax Agency Director with Chemung County, and WHEREAS, said sharing of services justifies an increase in compensation, and WHEREAS, said increase shall be paid by an annual stipend for the calendar year 2004 in the amount of $14,246 in addition to the incumbent’s regular salary, and WHEREAS, for the month of December, 2003 the amount shall be of $1,358. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the aforementioned stipend to be paid to Thomas Bloodgood for additional duties as the Real Property Tax Director for the County of Chemung, effective December 1, 2003, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2003 Real Property budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$1, 358.00 1355.100 Personal Services +$ 103.89 9030.802 FICA/Medicare +$ 4.70 1910.419 Work Comp. +$ 55.68 9010.801 Retirement +$1,522.27 1355-2201 General Services-Other Gov’ts Revenue VOTE: Passed 8-0. RESOLUTION NO. 417 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE DISTRIBUTION OF FEDERAL SALARY SHARING FUNDS AND AMEND 2003 COUNTY BUDGET - MENTAL HEALTH WHEREAS, the NYS Office of Mental Health is prepared to reimburse counties for Federal Salary Sharing claims not previously distributed, and WHEREAS, the Schuyler County Mental Health Department is requesting the distribution of $85,540.00 in Federal Salary Sharing Funds, at no local cost. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2003 Mental Health budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$55,540.00 4310.400-4316 Contractual Other - Federal Salary Sharing +$30,000.00 4310.435-4316 Professional Fees - Federal Salary Sharing +$85,540.00 4310.4490-4316 Federal Salary Sharing Revenue VOTE: Passed 8-0. RESOLUTION NO. 418 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS FOR EARLY INTERVENTION/CHILD FIND/SCHCN GRANT - PUBLIC HEALTH PROCEEDINGS OF THE YEAR 2003 161 WHEREAS, Resolution No. 408-02 established the budget for the 2002-2003 Early Intervention/Child Find/SCHCN grant, and WHEREAS, actual costs incurred have varied categorically from the budgeted costs. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the County Treasurer to amend the 2003 County Budget for the abovementioned grant as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$849.00 4010.100-4091 Personnel -$849.00 4010.400-4091 Contractual VOTE: Passed 8-0. RESOLUTION NO. 419 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE - MENTAL HEALTH WHEREAS, new Office of Mental Health regulations have expanded the number of members on the Mental Health Subcommittee to 11, to include consumers and family members. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Katherine Mattison to the Mental Health Subcommittee for term January 1, 2003 through December 31, 2006. VOTE: Passed 8-0. RESOLUTION NO. 420 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH GLOBALSTAR USA, LLC FOR SATELLITE TELEPHONES - PUBLIC HEALTH WHEREAS, Public Health has been provided with satellite telephones as part of the Bioterrorism Preparedness Plan, and WHEREAS, a monthly service plan must be prescribed to in order to operate the satellite telephones, and WHEREAS, Globalstar USA, LLC has been identified as the provider of the satellite telephone service at a rate of $51.95 plus excise taxes per month per phone. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a service agreement with Globalstar USA, LLC to provide satellite telephone service at a rate of $51.95 plus excise taxes per month per phone, funding available in the Public Health budget, account no. 4010.400- 4028, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 421 Motion by Yuhasz, Second by Bingell. RE: AMEND CONTRACT WITH SCHUYLER HOSPITAL, INC. FOR HOMECARE AND REHABILITATIVE SERVICES FOR 2002 - 2003 - PUBLIC HEALTH WHEREAS, Schuyler County Public Health contracts with Schuyler Hospital for nursing services, home health aides and therapy services, and WHEREAS, there is a need for increased clinical supervision due to the implementation of the home health telemonitoring system, and WHEREAS, Schuyler Hospital is able to provide a clinical nurse supervisor for the Public Health Department on a part-time, hourly basis at the rate of $37.00 per hour, not to exceed 15.0 hours per week. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the contract with Schuyler Hospital to provide a supervisory level nurse for clinical supervision involving the home health telemonitoring system, at an hourly rate of $37.00, not to exceed 15.0 hours per week, funding being available in the Public Health budget, account no. 4010.490-Subcontracts; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 422 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS - MENTAL HEALTH WHEREAS, a bond payment related to the financing of the original section of Mill Creek Center, in the amount of $60,000 is due in December 2003, and 162 SCHUYLER COUNTY LEGISLATURE WHEREAS, payment to the Village of Watkins Glen for municipal services, in lieu of tax, in the amount of $2,598 is also due in December, and WHEREAS, the aforementioned payments were not included in the 2003 Mental Health budget, and WHEREAS, there are funds available in the Personal Services account to cover these payments. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer funds in the 2003 Mental Health budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION -$62,598 4310.100 Personal Services +$62,598 4310.435 Professional Fees VOTE: Passed 8-0. RESOLUTION NO. 423 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT RENEWAL WITH ALL-MODE COMMUNICATIONS – BUILDINGS AND GROUNDS WHEREAS, All Mode Communications provides technical support and warranty replacement guarantees for Schuyler Counties telephone systems, and WHEREAS, Schuyler County has purchased additional line port cards, which shall be placed under warranty. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a renewal contract with All Mode Communications for the term January 1, 2004 through December 31, 2004 for support of the county telephone system at an increase of $20.50 per month, funding available in account no. 1620.400; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 424 Motion by Bingell, Second by Larison. RE: AUTHORIZE LEASE AGREEMENT WITH WATERSHED/PUBLIC HEALTH – BUILDINGS AND GROUNDS WHEREAS, the Watershed office occupies 516 square feet of space at the Rural Urban Center, Suite 305 and WHEREAS, the annual rent will be $9.00 per square feet; to be paid in quarterly payments of $1,161.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a lease agreement with Schuyler County Public Health for rental of the Rural Urban Center, Suite 305, said lease to run from January 1, 2004 through December 31, 2004, subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 425 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FOR NAVIGATION – SHERIFF’S DEPARTMENT WHEREAS, additional funds are needed by the Sheriff’s Department Navigation Unit due to multiple drowning incidents and other water-related incidents, and needed repairs to one of the Sheriff’s patrol boats. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $2,000 from account no. 3111.101-Navigation Personal Services Overtime and $2,000 from account no. 3111.102-Navigation Personal Services Part-Time to account no. 3111.400-Navigation for repairs and other expenses. VOTE: Passed 8-0. RESOLUTION NO. 426 Motion by Larison, Second by Bingell. RE: DESIGNATION OF THE COMMUNICATIONS CENTER AS THE COUNTY’S PUBLIC SAFETY ANSWERING POINT WHEREAS, the Schuyler County E911 Communications Center operated by the Schuyler County Sheriff and Coordinator of Emergency Management has been receiving emergency calls for several years, and WHEREAS, funding is now available through the State 911 Board for certain expenses that are related to the operation of the 911 center, and PROCEEDINGS OF THE YEAR 2003 163 WHEREAS, it is necessary for the County of Schuyler to designate a Public Safety Answering Point in order to receive said funding. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby designates the Schuyler County 911 Center as the official Public Safety Answering Point for Schuyler County. All 911 service calls are to be directed to the Public Service Answering Point, both regular 911 calls and wireless 911 calls, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be provided to the Schuyler County Sheriff for forwarding to the New York State 911 Board. VOTE: Passed 8-0. RESOLUTION NO. 427A Motion by Bleiler, Second by Karius. RE: MOTION TO AMEND RESOLUTION NO. 427 BE IT RESOLVED, that the first “Whereas” is to read as follows with the additional wording in bold text: “WHEREAS, the District Attorney’s Office has received a written commitment from Senator John R. Kuhl, Jr. of $16,000 to study and create a plan to renovate the second floor of the District Attorney’s Office building in order to house additional staff, and” DISCUSSION: Legislator Young feels it should say, “to study and create a plan to renovate.” VOTE: Passed 8-0. RESOLUTION NO. 427 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS FOR ARCHITECTURAL SERVICES FOR THE DISTRICT ATTORNEY’S OFFICE SPACE – BUILDINGS AND GROUNDS – AS AMENDED WHEREAS, the District Attorney’s Office has received a written commitment from Senator John R. Kuhl, Jr. of $16,000 to study and create a plan to renovate the second floor of the District Attorney’s Office building in order to house additional staff, and WHEREAS, the District Attorney is desperately in need of additional office space, and WHEREAS, the current building that the District Attorney is housed in may be able to be redesigned to accommodate this need. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents with Hunt Engineers for design work for the above mentioned in an amount not to exceed $4,400 for professional services and not to exceed $600 for reimbursable expenses, funding available in Buildings and Grounds account no. 1620.435-Professional Fees and Services; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 428 Motion by Larison, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR WIRELESS E-911 SERVICES – EMERGENCY MANAGEMENT WHEREAS, the Department of State has offered counties money for the Local Enhanced Wireless 911 Grant Program, and for reimbursement of prior year costs incurred between January 1, 1993 and December 31, 2001, and WHEREAS, Schuyler County’s portion is in the amount of $1,186 and the amount for State Fiscal Years 2003-2006 is $10,675, and WHEREAS, the Emergency Management Office wishes to apply for said funds. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the Local Enhanced Wireless E-911 Grant; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 429 Motion by Larison, Second by Bingell. RE: AUTHORIZE RATE RENEWAL WITH BLUE CROSS/BLUESHIELD OF CENTRAL NEW YORK FOR HEALTH INSURANCE FOR THE YEAR 2004 BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a premium rate renewal agreement with Blue Cross/Blue Shield of Central New York for health insurance coverage for 164 SCHUYLER COUNTY LEGISLATURE county employee groups for the term of January 1, 2004 through December 31, 2004, with rates per month as follows, subject to the approval of the Schuyler County Attorney:
Schuyler County Plans 1440500, 1440501, 1440502 (Admin. Unit - Rx $7/$20) Family $1014.09 Individual $397.68
Schuyler County Plans 1440503, 1440504, 1440505 (Mgmt./Elected/Municipals/Sheriff) - Rx $5/$15/$50) Family $999.89 Individual $392.11
Schuyler County Plans 1440506, 1440507, 1440508 (Hwy. Unit - Rx $2/$10) Family $1027.58 Individual $402.97 VOTE: Passed 8-0. RESOLUTION NO. 430 Motion by Larison, Second by Bingell. RE: AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR 2004 BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a premium rate renewal agreement with GHI for dental insurance coverage for county employee groups for the term of January 1, 2004 through December 31, 2004, with rates per month as follows, subject to the approval of the Schuyler County Attorney: Schuyler County Dental Plan DT 4790 Family $56.03 Mo. Individual $16.01 Mo. (No Increase) (No Increase) VOTE: Passed 8-0. RESOLUTION NO. 431 Motion by Larison, Second by Bingell. RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 2003 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2004 WHEREAS, County Law Section 201 states that any change in compensation of such officer during his/her term be made only by Local Law subject to the provisions of Section 24 of the Municipal Home Rule Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4 of the year 2003 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on December 8, 2003 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 4 OF THE YEAR 2003 A Local Law Setting Salaries for Certain Public Officers for the Year 2004. Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the following adjustments of salaries for the public officers listed below shall be in the amounts herein stated effective January 1, 2004. 4. The following public officers are subject to the provisions hereof: Personnel Officer $36,066 Deputy County Clerk $29,828 Assistant District Attorney $58,531 Assistant District Attorney $20,560 Conf. Sec’y. to District Attorney $30,813 Commissioner of Social Services $55,698 County Highway Superintendent $49,757 Deputy County Highway Supt. $44,187 PROCEEDINGS OF THE YEAR 2003 165 Undersheriff $45,004 Real Property Tax Director $45,754 Deputy Comm. Of Board of Elections $22,500 Deputy Comm. Of Board of Elections $24,166 Board of Election Commissioner $3,500 Board of Election Commissioner $3,500 3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24. VOTE: Passed 8-0. RESOLUTION NO. 432 Motion by Bleiler, Second by Larison. RE: LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2003 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 4% - FAILED WHEREAS, a proposed Local Law amending Local Law No. 2 of 1988 to increase the Room Tax from 2% to 4% was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held November 10, 2003 at 7:30 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5/Local Law No. of the Year 2003, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 5/Local Law No. of the Year 2003, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2003 Local Law No. 2 of the year 1988 is hereby amended as follows: 2. IMPOSITION OF TAX On and after the first day of December 1, 2003 there is hereby imposed and shall be paid a tax of four (4%) upon the rent for every occupancy of a room or rooms in a hotel, motel, bed and breakfast or tourist facility having one or more rooms in this County except that the tax shall not be imposed upon (1) permanent resident, or (2) exempt organizations as hereinafter set forth. All provisions of Local Law No. 2 of the year 1988 not amended hereby shall remain in full force and effect. This Local Law shall take effect upon filing in the office of the Secretary of State as provided by the Municipal Home Rule Law. DISCUSSION: Legislator Larison feels the Legislature should listen to its constituents. He will not support the resolution. Legislator Yuhasz said the Management and Finance Committee and the Legislature have been working extremely hard to keep taxes down for all the property owners. He understands and sympathizes with the concerns of the lodging business owners. The Legislature is doing things to keep costs down, such as the hiring freeze. He feels everyone has to share the burden somehow. Legislator Bleiler asked for a breakdown from the three counties in the Finger Lakes Wine Country program. Michael Horton, the President of the Chamber of Commerce, stated that Schuyler County pays $30,000, Steuben County pays $110,000, and Chemung County pays $110.000. Then there is $37,500 contributed by Yates County, and Corning Incorporated matches $250,000. Legislator Bleiler said the county is trying to use the revenue that they receive to offset expenses, but it just did not do it. They still have to raise property taxes 5%. Our farmers work every day all year long, and they are struggling terribly. The real problem as he sees it, is the State of New York. The Legislature is looking at every possible avenue, and he feels they have no choice but to increase the room tax. The legislators serve all of the people of Schuyler County. While Chemung County is looking at a 14% increase, they are still only at $7 per $1,000 for taxes. Schuyler County has been at over $10 per $1,000 for years. Legislator Young said she really does not think that tourists care what they pay in taxes. Legislator Bingell said there are professionals in the field here tonight to give us their opinion. She thinks they need to re- think this issue. Legislator Bleiler said they did ask the Department Heads to go back and give more and not 166 SCHUYLER COUNTY LEGISLATURE too many could meet that request. Legislator Bingell feels they should look at the projection they have on sales tax revenue again. Legislator Bleiler feels that the proposed increase in sales tax revenue for next year of almost one million dollars is not conservative. Legislator Larison called for the question. VOTE: Failed 4-4. Noes: Larison, Bingell, Yuhasz, Karius. RESOLUTION NO. 433 Motion by Larison, Second by Bingell. RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2004 WHEREAS, a public hearing in respect to the 2004 County Budget is required pursuant to County Law Section 359. NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2004 County Budget be held in the Court Room on the second floor of the Court House, 105 Ninth Street, Watkins Glen, NY on Thursday, December 4 at 6:30 p.m., and BE IT FURTHER RESOLVED, pursuant to County Law Section 152 that this resolution shall not be effective unless approved by the affirmative vote of at least three-fourths of the total membership of the County Legislature, and BE IT FURTHER RESOLVED, upon approval of this resolution, the Clerk of the Legislature shall give appropriate public notice of said hearing, provide at least one hundred copies of the tentative budget, and otherwise comply with the requirements of County Law Section 359. VOTE: Passed 8-0. RESOLUTION NO. 434 Motion by Larison, Second by Bingell. RE: SET DATES FOR SPECIAL MEETINGS OF THE LEGISLATURE WHEREAS, any alterations to the tentative budget must be by resolution following the deadline for the Management and Finance Committee report. NOW, THEREFORE, BE IT RESOLVED, that Special Meetings of the Schuyler County Legislature will be held following Legislative Committee Budget Workshops scheduled for Wednesday, November 19, 2003 at 1:00 p.m., in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY for the following item of business: 1. Allow alterations to the tentative budget for 2004, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature be hereby directed to publish appropriate notice of said Special Meeting in the legal newspaper. VOTE: Passed 8-0. RESOLUTION NO. 435 Motion by Bingell, Second by Karius. RE: HALF-DAY HOLIDAY ADOPTED FOR ALL COUNTY EMPLOYEES WHEREAS, the Schuyler County Legislature wishes to extend a one-half day holiday to its employees, and WHEREAS, per County Law certain county offices are required to remain open except on other than legally designated holidays. NOW, THEREFORE, BE IT RESOLVED, that Department Heads may arrange for their employees to take a half-day holiday on either December 24 or December 31, 2003; the schedule to be determined by the Department Head so as to allow County business to operate without interruption. VOTE: Passed 8-0. RESOLUTION NO. 436 Motion by Bingell, Second by Karius. RE: AUTHORIZE PURCHASE OF MORTGAGE TAX BOOK – COUNTY CLERK WHEREAS, the County Clerk’s Office is in need of a new Mortgage Tax Recording book in the amount of $565 plus shipping. NOW, THEREFORE, BE IT RESOLVED, that the County Clerk’s Office be hereby authorized to purchase said Mortgage Tax Recording Book, the expense to be reimbursed by the State Mortgage Tax Department. VOTE: Passed 8-0. RESOLUTION NO. 437 Motion by Bingell, Second by Karius. RE: AUTHORIZE ADVERTISEMENT TO FILL FULL-TIME PUBLIC DEFENDER POSITION PROCEEDINGS OF THE YEAR 2003 167 WHEREAS, the Public Defender has submitted notice of his retirement effective December 31, 2003, and WHEREAS, it is the recommendation of the Public Safety & Criminal Justice Committee that the county immediately advertise and fill this pending vacancy. NOW, THEREFORE, BE IT RESOLVED, that this Legislature direct the immediate advertisement for a full-time position of Public Defender at a salary of $70,000. VOTE: Passed 8-0. RESOLUTION NO. 438 Motion by Larison, Second by Young. RE: AUTHORIZE ESTABLISHMENT OF AND FUNDING FOR A SESQUICENTENNIAL COMMITTEE WHEREAS, Schuyler County will be celebrating 150 years of existence in the year 2004, and WHEREAS, the Legislative Chairman wishes to establish a Sesquicentennial Committee to make all plans for said celebration, and WHEREAS, the Management and Finance Committee wishes to fund a line item to promote and celebrate this event, and WHEREAS, there are anticipated revenues to come from this celebration in an estimated amount of $2,000. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approve the Chairman’s creation of and appointment to a Sesquicentennial Committee, as follows: Delmar Bleiler Bill Elkins Nancy Peters John Potter Dennis Morris Glenda Gephart Barbara Bell Michael Horton, and BE IT FURTHER RESOLVED, commits $4,000 to be paid to the Sesquicentennial Committee for Schuyler County, to be appropriated in the 2004 budget with the understanding that said Committee will return to the county $2,000 in anticipated revenue. VOTE: Passed 8-0. RESOLUTION NO. 439 Motion by Larison, Second by Young. RE: AUTHORIZE REVISION OF COUNTY HIRING DIRECTIVE WHEREAS, the Management and Finance Committee recommends that filling of all vacancies shall be approved by the Legislature until further notice. NOW, THEREFORE, BE IT RESOLVED, that any vacancy that occurs must be by Resolution of this Legislature through the committee of jurisdiction in accordance with Rule 22 or individual sponsorship, and BE IT FURTHER RESOLVED, that this Resolution shall exclude any position which as of this date has already been approved under the previous hiring directive, and BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately and shall continue in full force and effect until further notice. DISCUSSION: Legislator Larison feels this usurps the standing committee’s authority and will delay needed authorization to fill. The committees are more familiar with the needs of their respective departments. He does not see how a group of eight is going to improve the daily operations of the county. If a study is needed, then do a study of every position. It is incumbent upon the Department Heads to bring us what they believe is best. Legislator Bleiler feels it is prudent that all of the legislators have the opportunity to vote on any position this coming year. The State budget year for 2004-05 is unknown and he feels the entire board should be involved with financial decisions. He feels they can get together as necessary to fill positions as needed. Legislator Young said the buck stops here and she is concerned with the county budget. VOTE: Passed 6-2. Noes: Larison, Bingell. RESOLUTION NO. 440A Motion by Larison, Second by Young. RE: MOTION TO TABLE RESOLUTION NO. 440 BE IT RESOLVED, that Resolution No. 440 be tabled. 168 SCHUYLER COUNTY LEGISLATURE DISCUSSION: Legislator Young said she has had some dialogue with the County Attorney and the Sheriff on this issue. She asked if not this resolution, then what? She wondered where we, the people of today, are willing to draw the line? She said for the record, “This country was born of a Revolution against a world power, England. This country has survived a Civil War caused by an incomplete acknowledgement of the rights of all people in the original Bill of Rights. This country has survived two World Wars against tyranny. Our Rights were damaged but not destroyed by WWII and by the Fears engendered by the Cold War and the Joe McCarthy era. We are supposedly sacrificing the lives of our young people again today to allow the Land of Iraq to have Constitutional Law. Why in God's Name would we destroy our own Constitution and our own Bill of Rights while doing this? If this Board refuses to pass this Resolution drawing the line in the sand for the Freedom of our Citizens, then what Resolution will you pass? She knows well enough that one has to have the courage to act. To not turn your head and pretend the knock at your neighbor's door in the night does not concern you is beneath you. If you will not act on this resolution in a positive way, we will try again next month, and the month after and the month after that. Liberty requires eternal vigilance and we are the elected watchdogs of this Democratic Republic. If the watchdogs sleep, then the people must wake them.” Legislator Larison feels they cannot ask the Sheriff to not uphold the law, therefore he cannot support this resolution. Legislator Slusser said he cannot support this resolution because it asks our Congressional delegation to take action and he does not know what that means. He also agrees with Legislator Larison, where would they be if the Sheriff’s Department did not uphold the law. Legislator Bleiler said it bothers him that some authority can go into his home, or his children’s home, and take away a person without any warning or explanation and detain them and interrogate them without any right to call anyone. If a person reads a certain type of books, or attends a certain church, they can hold them or others in detention because of that. He believes the Patriot Act is wrong and they should stand up against it. Legislator Bingell agrees with civil liberties and rights, but has a problem with asking the Sheriff’s Department to break the law. She feels it is wrong to hold a person without giving them their constitutional rights. Legislator Young suggested that all eight of them come up with a resolution that they all can live with. She feels they must take a stand, though. Attorney Coleman suggested that if this is tabled, he will write a new resolution and include all the essential elements and eliminate the two sticking points. He can sympathize and try to come up with a resolution to please everyone. VOTE: Passed 8-0. RESOLUTION NO. 440 RE: A RESOLUTION REGARDING THE USA PATRIOT ACT II AND THE PROTECTION OF CIVIL RIGHTS AND LIBERTIES - TABLED WHEREAS, Schuyler County has a long and distinguished history of protecting and expanding the civil rights and civil liberties of its residents, and WHEREAS, the Legislature of Schuyler County is committed to upholding the human rights of all persons in this county and their free exercise and enjoyment of any and all rights and privileges secured by our constitutions, the Bill of Rights, and the Laws of the United States, the State of New York, and the County of Schuyler; and WHEREAS, several actions recently taken by the federal government, including the adoption of sections of the USA Patriot Act II and several Executive Orders now threaten these fundamental rights and liberties, including: freedom of speech, religion, assembly and privacy; the right to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures, all of which are guaranteed by the Constitutions of New York and the United States NOW, THEREFORE BE IT RESOLVED, by the Schuyler County Legislature acting in the spirit of the history of our community, hereby calls upon its Congressional representatives to take action to preserve residents' freedom of speech, religion, assembly and privacy; the right to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures, even if requested or authorized to infringe upon these rights by federal law enforcement acting under new powers granted by the USA Patriot Act II or Orders of the Executive Branch. We further request our Congressional representatives to ensure that any federal or state law enforcement officials acting within Schuyler County work in accordance with the policies and procedures of the Schuyler County Sheriff's Department and in cooperation with the Department, and not PROCEEDINGS OF THE YEAR 2003 169 engage in or permit detentions without charges, and not permit racial profiling, and to regularly and publicly report to the County Legislature the extent and manner in which they have acted under the Patriot Act II or the new Executive Orders, including the names of any detainees held in the region or any Schuyler County residents detained elsewhere, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature be directed to send a certified copy of this resolution to Congressman Amory Houghton, Jr., U.S. Senators Hillary R. Clinton and Charles E. Shumer, NYS Assemblyman George Winner and NYS Senator John R. Kuhl, Jr. RESOLUTION NO. 441 Motion by Larison, Second by Young. RE: AUTHORIZE CREATION OF CRIME VICTIM SERVICES COORDINATOR POSITION – DISTRICT ATTORNEY’S OFFICE WHEREAS, as a result of an increase in violent crimes in Schuyler County there is currently a need for a Crime Victim Services Coordinator to escort victims of these crimes to court, educate them about services available to them and assist them with restitution issues, and WHEREAS, the New York State Division of Criminal Justice Services has approved a Crime Victims Board Grant for Schuyler County to create a position for a part-time coordinator to assist victims in many ways following the criminal behavior that victimized them, and to ensure that victims become acquainted with services available to them. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the creation of a Crime Victim Services Coordinator position in the District Attorney’s Office, Competitive Classification, Grade XXI, 2003 hourly rate of $14.28, to work 19 hours per week, effective immediately. It is understood said position will terminate upon cessation of grant funds. VOTE: Passed 8-0. RESOLUTION NO. 442 Motion by Larison, Second by Karius. RE: AUTHORIZE TWO (2) RESOLUTIONS BE BROUGHT TO THE FLOOR BE IT RESOLVED, that two (2) resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 443 Motion by Bingell, Second by Larison. RE: AMEND THE 2003 COUNTY ROAD AND MACHINERY FUND BUDGETS – HIGHWAY WHEREAS, the Highway Department has received notice that FEMA and FHWA funds have been appropriated for the Highway Department for the July 2003 flood damage to county roads and bridges. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the County Road and Machinery budgets, as follows: COUNTY ROAD APPROPRIATIONS AMOUNT ACCOUNT NO. DESCRIPTION + 15,311.56 5110.512 LIMESTONE + 46,037.17 5120.400 CONTRACTUAL + 147,379.66 5120.342 CR 16 BRIDGE + 208,728.39 REVENUES + 8,473.59 0002-3960 FEMA + 52,875.14 0002-4960 FEMA + 147,379.66 0002-4960 FHWA 208,728.39 MACHINERY APPROPRIATIONS + 19,004.54 5130.526 FUEL REVENUES + 16,379.60 0003-4960 FEMA + 2,624.94 0003-3960 FEMA 170 SCHUYLER COUNTY LEGISLATURE VOTE: Passed 8-0. RESOLUTION NO. 444 Motion by Bingell, Second by Larison. RE: SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE” WHEREAS, a Motion for final Judgment of Foreclosure in the pending tax foreclosure proceeding has been filed by the County Attorney’s Office pursuant to Article 11 of the Real Property Tax Law, and WHEREAS, issuance of said Judgment is expected forthwith, and WHEREAS, it is necessary to set a tax auction sale date well in advance thereof, and WHEREAS, the Schuyler County Treasurer is the enforcing officer responsible for carrying out a foreclosure sale. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer will set a tax auction sale date upon receipt from the County Attorney’s Office of Notice of Entry of the Judgment of Foreclosure, and BE IT FURTHER RESOLVED, that the auction sale date shall be one month to the nearest Saturday thereafter; announcement of the exact date to be made by the Treasurer upon consultation with the auctioneer, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature or his designee be, and hereby is, authorized to sign and the Sheriff’s Department to hand deliver a Notice to Vacate to all occupants of property on which the County of Schuyler holds, or will hold, a tax deed to, and BE IT FURTHER RESOLVED, that said a Notice of Vacate be sent by registered mail to the most recent owners of record as shown in the property description. VOTE: Passed 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: Motion by Slusser, Second by Larison to move Resolution No. 360 off the table from the September 8, 2003 Regular Meeting. RESOLUTION NO. 360 RE: AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN PETITION TO VILLAGE OF WATKINS GLEN REQUESTING A VILLAGE RESOLUTION AUTHORIZING PREPARATION OF A DISTRICT PLAN FOR A WATKINS GLEN BUSINESS IMPROVEMENT DISTRICT WHEREAS, a Business Improvement District (BID) is an organization and finance mechanism authorized by the State of New York that can be used by property owners to determine the future of their retail, commercial and industrial areas, and WHEREAS, the Village of Watkins Glen has adopted Local Law No. 4 of the year 2003 providing that the provisions of Article 19-A of the NYS General Municipal Law shall be applicable to the establishment or extension of Business Improvement Districts in the Village, and WHEREAS, Schuyler County recognizes that the Village of Watkins Glen and property owners within the boundaries of the proposed BID would benefit from the establishment of a Business Improvement District. NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler, owner of several properties in the Village of Watkins Glen within the boundaries of the proposed BID, hereby authorizes the Chairman of the Legislature to sign petitions, one for each parcel of County-owned land in the proposed district, to the Board of Trustees of the Village of Watkins Glen requesting adoption of a resolution authorizing the preparation of a District Plan for a Watkins Glen Business Improvement District. VOTE: Passed 8-0. REPORT ON STANDING COMMITTEES: None. PUBLIC PARTICIPATION: Arnie Bagchi encouraged further consideration and consensus of the tabled resolution on the Patriot Act. The Meeting adjourned at 8:58 P.M. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk SPECIAL MEETING NOVEMBER 19, 2003
PROCEEDINGS OF THE YEAR 2003 171 The November 19, 2003 Special Meeting of the Schuyler County Legislature was called to order at 1:00 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Slusser and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Michael Horton spoke on behalf of the Chamber of Commerce. They are the county’s designated Tourist Promotion Agency (TPA), and they are requesting that the Chamber’s $55,000 in appropriations be returned to the 2004 tentative budget. Margaret Cook presented a folder to the legislators relative to the Finger Lakes Wine Country Program. Chris Stamp from Lakewood Vineyards spoke in support of the Chamber receiving their funds. Mark Simiele from Captain Bills said he serves on the Chamber of Commerce Board. The direct impact of not funding the Chamber is evident. The non-direct impact is on businesses, such as retail businesses. He encouraged the Legislature to fund the Chamber for 2004 to help businesses keep a competitive edge. Jim Franzese said he is here to support the Chamber of Commerce and Finger Lakes Wine Country for their funding. Dennis Fagan, Legislator Elect, said he understands the concept of saving taxpayers by doubling room tax, however he feels it will have an impact on lodging. The funds are used only for tourist promotion. The lodging owners already pay their fair share. It is doubtful that more brochures will help when the Internet is being used. He feels the Legislature will have more say on how the money is used by giving the Chamber their requested appropriation of $55,000. He made suggestions for alternate reductions in the budget, noting that he is not well-trained on that aspect of the new job yet, and he clearly feels the Legislature should look into an entertainment tax as suggested by Legislator Young. RESOLUTION NO. 445 Motion by Young, Second by Karius. RE: RATIFICATION OF SPECIAL MEETING 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: 2. Set Public Hearing on the Completion and Filing of the Waneta/Lamoka Lakes Rehabilitation Districts. 3. Authorize Filling a Heavy Equipment Operator position – Highway Department 4. Authorize Transfer of Funds from Maintenance of Roads to Administration – Highway Department 5. Authorize Transfer of Funds from Contingency to Community Colleges, Coroner, and Justice of the Peace 6. Authorize Filling the Mobile Work Crew Supervisor position – Social Services 7. Allow Alterations to the Tentative Budget for 2004. VOTE: Passed 7-0. RESOLUTION NO. 446 Motion by Larison, Second by Bingell. RE: SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT BE IT RESOLVED, that the Public Hearing on the Assessment Roll for the year 2003, for the budget year of 2004, for the Lamoka/Waneta Lakes Protection and Rehabilitation District shall be held on the 8th day of December, 2003 at 7:15 P.M. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY and the Clerk of the Legislature is hereby authorized and directed to publish the Notice of Public Hearing as required by Section 270 of the County Law in the official newspaper of the County, and the Clerk is further directed to forward a certified copy of this resolution to the Attorney for the Lamoka/Waneta Lakes Protection and Rehabilitation District, A. Thomas Galloway II, Esq., Orrick, Herrington & Sutcliffe, LLP, Fifth Avenue, New York, NY 10103: Christine Kane, Clerk, Steuben County Legislature; the Director of Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer. VOTE: Passed 7-0. 172 SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 447 Motion by Larison, Second by Bingell. RE: AUTHORIZATION TO FILL VACANT HEAVY EQUIPMENT OPERATOR POSITION-HIGHWAY WHEREAS, the Highway Superintendent was recently notified of the retirement of a current Heavy Equipment Operator, and WHEREAS, another Heavy Equipment Operator is off on Workers Compensation, and WHEREAS, the three (3) Seasonal Laborers and one (1) Seasonal Motor Equipment Operator will be leaving the Highway Department because their six months employment is up on December 2, 2003, and WHEREAS, Resolution No. 439-03 requires a full board Resolution to fill any and all vacancies that occur, and WHEREAS, the Highway Superintendent recommends that it would be in the best interest of the Highway Department to fill this vacancy because any further cuts in this department would be detrimental to the effective and efficient snow removal process. NOW, THEREFORE, BE IT RESOLVED that the Highway Superintendent be authorized to fill the vacant Heavy Equipment Operators position and fill any subsequent vacancy created by promotion within the department. VOTE: Passed 7-0. RESOLUTION NO. 448 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FROM MAINTENANCE OF ROADS TO ADMINISTRATION – HIGHWAY DEPARTMENT WHEREAS, there is an immediate need to replace the current server used by the Highway Department due to constant breakdowns, and WHEREAS, the Director of Information Technology has recommended the immediate replacement of this machine, and WHEREAS, there are sufficient funds in the Asphalt account no. 5110.511, which can be used for this purchase. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $3,500.00 from the Asphalt account no. 5110.511 to the Administration Computer account no. 5010.208. VOTE: Passed 7-0. RESOLUTION NO. 449 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO COMMUNITY COLLEGES, CORONER AND JUSTICE OF THE PEACE WHEREAS, line items in the Community Colleges, Coroner, and Justice of the Peace 2003 budgets are over-expended as of the November audit. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer from the Contingency account no. 1990.500 into the following accounts: AMOUNT ACCOUNT NO. DESCRIPTION +$84,241.00 2490.400 Community College Tuition +$12,188.00 1185.400 Coroner-Contractual Expenses +$ 422.00 1185.409 Coroner-Conference +$ 390.00 1180.400 Justice of the Peace +$97,241.00 TOTAL VOTE: Passed 7-0. RESOLUTION NO. 450A Motion by Karius, Second by Young. RE: MOTION TO TABLE RESOLUTION NOS. 450 AND 451 BE IT RESOLVED, that Resolution Nos. 450 and 451 be tabled until the Commissioner of Social Services can attend the meeting to answer questions. VOTE: Passed 7-0. RESOLUTION NO. 450 Motion by Larison, Second by Bingell to bring Resolution No. 450 off the table. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – PROCEEDINGS OF THE YEAR 2003 173 SOCIAL SERVICES - FAILED WHEREAS, the Human Services Committee has recommended that the Mobile Work Crew Supervisor position be funded in the 2004 budget. NOW, THEREFORE, BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$24,754 6010.100 Personal Services +$ 2,847 9010.801 Retirement +$ 1,894 9030.802 FICA +$ 1,408 1910.419 Worker’s Comp. +$ 113 9055.806 Disability +$10,709 9060.807 Health Insurance +$ 592 9060.807 Dental Insurance +$42,317 TOTAL Appropriations +$15,000 6010-4610 Federal Aid - Administration +$ 8,300 6010-3610 State Aid - Administration +$23,300 TOTAL Revenues +$19,017 TOTAL Local Share DISCUSSION: Bill Weiss, Commissioner of Social Services, explained that there probably would not be any savings in the first year of this program, but he hopes to see decreased caseload numbers for Safety Net the second year. He is not sure what effect it will have on the local share. Possibly by the third year, they could see financial savings. Legislator Bleiler said he has to see savings down the road in order to support this. Legislator Young asked Bill why he thought there would be a decrease the second year in Safety Net? Bill said this program is a deterrent to people to stay on public assistance. He encouraged the Legislature to try this program and see if there is a drop in the caseload. Legislator Young asked how many Safety Net clients are single mothers without transportation? Bill said those clients would not qualify for the program, there are exemptions to the requirements. He then gave some caseload statistics and noted that the numbers are consistently going up. The Mobile Work Crew is supposed to motivate clients to better themselves and find jobs. He feels it is worth a $20,000 local share effort. He suggested reducing Safety Net for a total $10,000 local share savings. There was no motion for that change. VOTE: Failed 4-3. Noes: Karius, Bleiler, Gifford. RESOLUTION NO. 451 Motion by Larison, Second by Bingell to bring Resolution No. 451 off the table. RE: AUTHORIZE FILLING THE MOBILE WORK CREW SUPERVISOR POSITION – SOCIAL SERVICES - FAILED WHEREAS, the Department of Social Services has had a vacant Mobile Work Crew Supervisor position since September 1, 2001, which requires legislative approval to fill. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Commissioner of Social Services to fill the Mobile Work Crew Supervisor position, Grade 16, $11.81, in the Department of Social Services, effective January 1, 2004; funding is available in the year 2004 budget account no. 6010.100. DISCUSSION: Legislator Bleiler stated that in Human Services Committee the committee asked the Commissioner if this program could pay for itself. He gave the legislators two handouts explaining a number of things, including the bottom line cost of $19,017 in local share. Legislator Bleiler said he will not support this. Legislator Bingell feels the projected savings in Safety Net caseload will justify this cost. They already have a van for the program, all they need is a person to run it. Legislator Bleiler said he is not certain about any savings, and the bottom line is they would be increasing the 2004 tentative budget by at least $10,000. The Treasurer informed them that Safety Net is only 50% reimbursable. VOTE: Failed 4-3. Noes: Karius, Bleiler, Gifford. RESOLUTION NO. 452 Motion by Larison, Second by Young. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – FINGER LAKES WINE COUNTRY 174 SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +15,000 6410.311 Finger Lakes Wine Country DISCUSSION: Legislator Bleiler said originally he wanted to take this line item out of the budget. There are no means of paying for it, but he now feels it is essential for promoting tourism. Legislator Slusser said he will not support this Resolution. If the tourism agency will not support raising funds for it, then the taxpayers should not have to. Legislator Young feels they need to fire up the tourism engine and find creative funding mechanisms, which will take time. She was delighted to hear Mr. Fagan’s alternatives for the budget. She welcomed him aboard. Legislator Bleiler feels the same way as Legislator Slusser, but he also feels these two items by themselves warrant being in the budget. He does not support them coming out of property tax. Putting this in the budget is all they are voting on today. Legislator Slusser reconsidered stating he will support the Finger Lakes Wine Country funding because it is leveraged. Michael Horton said there is also leverage with the Chamber of Commerce. They, too, have matching grants. Each county in the State of New York is eligible for matching funds. He explained the tourist promotion agency designation to the legislators. He then explained how the $55,000 is used as well as all of the Chamber’s other funds. Membership funds are spent on mixers and small fundraisers, operating expenses, staff, gas bill, electric bill, etc. Mark Simiele said there are not too many opportunities for a return investment. Margaret Cook stated that they both have to be strong for tourism to work. She gave some statistics. She pleaded to the legislators to not weaken the Chamber. VOTE: Passed 7-0. RESOLUTION NO. 453 Motion by Bleiler, Second by Young. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SOCIAL SERVICES BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +1,470 6010.332 HEAP Administration +1,470 6010-4610 Federal Aid - Administration VOTE: Passed 7-0. RESOLUTION NO. 454 Motion by Larison, Second by Young. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – CHAMBER OF COMMERCE BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$55,000 6410.558 Chamber of Commerce VOTE: Passed 6-1. No: Slusser. RESOLUTION NO. 455 Motion by Bleiler, Second by Slusser. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – PUBLIC DEFENDER BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$18,055 Various Fringe Benefits -$35,000 1170.100 Personal Services +$30,000 1170.437 Secretarial Services DISCUSSION: Attorney Coleman informed the legislators that the Public Defender’s budget could be modified to save money by removing $5,000 from the Personal Services account, move the secretarial services from Personal Services to Professional Fees and Services and reduce fringes accordingly. VOTE: Passed 5-2. Noes: Bingell, Larison. RESOLUTION NO. 456 Motion by Slusser, Second by Bingell. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – CONTINGENCY BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following: PROCEEDINGS OF THE YEAR 2003 175 AMOUNT ACCOUNT NO. DESCRIPTION -$100,000 1990.500 Contingency DISCUSSION: Legislator Slusser felt $100,000 could be reduced from the 2004 Contingency account budget. Legislator Bleiler discussed the difference between fund balance and contingency, and feels they are really talking about a change in property tax. He still feels they should increase the room tax. When they raised sales tax, it did not discourage consumers, but increased our sales and revenue. He feels they should look outside of taxing their own residents. Legislator Slusser feels they should use this $100,000 proposed reduction to offset what they just put back in the 2004 tentative budget. Legislator Bleiler feels that when the taxpayers find out they are raising property tax by 5% and not raising the room tax, they will be upset. VOTE: Passed 5-2. Noes: Bleiler, Gifford. MOTION by Legislator Bleiler, to support the concept, proceed with the development of a Resolution and follow up with a local law to establish a vehicle use tax, SECOND by Legislator Slusser. The Legislature discussed exemptions such as agricultural and farmland vehicles. Legislator Young feels the tax should be put on such items as all terrain vehicles. Linda Compton, County Clerk, said $5 added to every passenger and commercial vehicle would bring in an annual income of approximately $70,000. There is also a schedule of fees that needs to be considered. Attorney Coleman added that this requires some careful consideration. Linda Compton noted that this is a new tax, and suggested that the Legislature consider dedicating the new revenue for the Highway Department or County Clerk’s Office. Attorney Coleman strongly recommended this tax be implemented through a Local Law. It gives him firmer position if he has to defend it in court and any subsequent legislative meeting can overturn a resolution with a resolution (or a local law with a local law). The state law actually provides that this could be submitted to a referendum if desired. Chairman Gifford asked if the Legislature could adopt a resolution, then follow it up with a Local Law later. Attorney Coleman responded affirmatively. Motion carried seven ayes to zero noes. Legislator Young said she has researched the entertainment tax a little and found out they could do an exemption to the tax law to exempt the racetrack from the entertainment tax. In order to get the exemption, there would have be an agreement with the racetrack, which will not be easy to come by. The Assembly and Senate would also have to adopt special legislation to allow for this, which would then have to be signed by the Governor. After all that is accomplished, then this body would have to adopt a Local Law. This may be able to be done next year. She encouraged the Legislature to look at this, since she will not be here next year. PUBLIC PARTICIPATION: None. The Meeting adjourned at 2:55 P.M. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk
SPECIAL MEETING DECEMBER 1, 2003
The December 1, 2003 Special Meeting of the Schuyler County Legislature was called to order at 10:30 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. All Legislators were present except Legislators Yuhasz and Slusser who were excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Angie Franzese asked if there would be any additions to the room tax revenues today. Chairman Gifford said there is nothing on the agenda today to increase the room tax. RESOLUTION NO. 457 Motion by Larison, Second by Bingell. RE: RATIFICATION OF SPECIAL MEETING 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: 176 SCHUYLER COUNTY LEGISLATURE 1. Local Law Intro. No. 6/Local Law No. of the Year 2003 Establishing a Schuyler County Motor Vehicle Use Tax. 2. Allow Alterations to the Tentative Budget for 2004. 3. Acknowledge Appointment and Set Salary for Human Resources Clerk VOTE: Passed 6-0. RESOLUTION NO. 458 Motion by Bingell, Second by Young. RE: LOCAL LAW INTRO. NO. 6./LOCAL LAW NO. OF THE YEAR 2003 ESTABLISHING A SCHUYLER COUNTY MOTOR VEHICLE USE TAX WHEREAS, the Schuyler County Legislature wishes to establish a Motor Vehicle Use Tax, and WHEREAS, NYS Tax Law §1202(a) and 1201(e) provide for the establishment, imposition and collection of a motor vehicle use tax upon motor vehicles registered within a county, and WHEREAS, the Schuyler County Legislature has determined that the imposition of such a tax would be in the best interests of the taxpayers in preference to raising other forms of local taxation, and WHEREAS, the amount of the tax imposed would be very modest. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 6/Local Law No. of the Year 2003 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on December 16, 2003 at 6:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY, and BE IT FURTHER RESOLVED, as follows: LOCAL LAW INTRO. NO. 6 OF THE YEAR 2003 SECTION 1: DEFINITIONS (a) When used in this local law, the following terms shall have the following meanings: Buses. The term “buses” shall have the same meaning as defined in Section 104 of the NYS Vehicle and Traffic Law, as amended. Commissioner. Commissioner of Motor Vehicles of the State of New York or his or her successor in office. County. Defined as the County of Schuyler. County Attorney. County Attorney for Schuyler County or his or her successor in office. County Clerk. County Clerk of Schuyler County or his or her successor in office. County Treasurer. County Treasurer for Schuyler County or his or her successor in office. Passenger motor vehicle. Any motor vehicle subject to the registration fee as provided for in Section 401, Subdivision 6 of the Vehicle and Traffic Law. Sheriff. The Sheriff of Schuyler County or his or her successor in office. Truck. The term truck shall have the same meaning as defined in Section 158 of the Vehicle and Traffic Law, as amended. Any other term herein shall be defined by reference to the NYS Tax Law or NYS Vehicle & Traffic Law, as amended. SECTION 2: IMPOSITION OF TAX A motor vehicle use tax pursuant to Sections 1202(a) and 1201(e) of the NYS Tax Law is hereby imposed in the following manner: (1) A tax of $5.00 per annum for the use of passenger motor vehicles of a type commonly used for noncommercial purposes owned by residents of the County for each such vehicle weighing 3,500 pounds or less and a tax of $10.00 per annum for such vehicles in excess of 3,500 pounds; (2) A tax of $10.00 per annum for the use of trucks, buses and other such commercial vehicles used principally in connection with a business carried on within the County. SECTION 3: EXEMPTIONS The tax imposed by this local law shall not be imposed upon any vehicle exempt from the registration fee pursuant to the NYS Vehicle and Traffic Law; nor shall this tax be imposed on any vehicle with farm plates and agriculture plates (AGR). Any claimed exemption must be supported by a valid exemption certificate (UT- 11C). PROCEEDINGS OF THE YEAR 2003 177 SECTION 4: PAYMENT OF TAX AND EVIDENCE OF TAX PAYMENT (a) Every owner of a motor vehicle subject to tax hereunder shall pay the tax thereon to the Commissioner on or before the date upon which he or she registers or renews his or her registration thereof or is required to register or renew his or her registration thereof pursuant to Section 401 of the NYS Vehicle and Traffic Law. (b) Notwithstanding the provisions of Section 400 of the NYS Vehicle and Traffic Law to the contrary, the payment of such tax shall be a condition precedent to the registration or renewal thereof of such motor vehicle and to the issuance of any certificate of registration and plates or removable tag specified in Subdivision 3 of Section 401 and Sections 403 and 404 of the NYS Vehicle and Traffic Law, and no such certificate of registration, plates or tag shall be issued unless such tax has been paid. The Commissioner shall not issue a registration certificate for any motor vehicle for which the registrant’s address is within the County except upon proof in a form approved by the Commissioner that such tax has been paid or is not due, with respect to such motor vehicle. The Commissioner, upon the application of any person exempt therefrom, shall furnish to each taxpayer paying the tax a receipt for such tax and to each such taxpayer or exempt person a statement, document or other form approved by the Commissioner, pursuant to the last sentence, showing that such tax has been paid or is not due, with respect to such motor vehicle. SECTION 5: RETURNS (a) At the time the payment of the tax imposed by this local law becomes due, every person subject to tax hereunder shall file a return with the Commissioner in such form and containing such information as may be prescribed by such Commissioner. The taxpayer’s application for registration or the renewal of registration shall constitute the return required under this local law, unless the Commissioner, by regulation, shall otherwise provide. (b) Returns shall be preserved for three years and thereafter until the Commissioner permits them to be destroyed. (c) The Commissioner may require amended returns or certificates of facts to be filed within 20 days after notice and to contain the information specified in the notice. Any such certificate shall be deemed to be part of the return required to be filed. (d) If a return required by this local law is not filed or if a return when filed is incorrect or insufficient on its face, the Commissioner or the County Treasurer, if designated as his or her agent, shall take the necessary steps to enforce the filing of such a return or of a corrected return. SECTION 6: DETERMINATION OF TAX If a return required by this local law is not filed or if a return when filed is incorrect or insufficient or if a tax or any part thereof due hereunder be not paid when required, the amount of tax due shall be determined by the Commissioner or by the County Treasurer, if designated as his or her agent, from such information as may be obtainable, including motor vehicle registration with the NYS Department of Motor Vehicles and/or other factors. Notice of such determination shall be given to the person liable for the tax. Such determination shall finally and irrevocably fix the tax unless the person against whom it is assessed, within 30 days after the giving of notice of such determination, shall apply to the Commissioner or to the County Treasurer, if designated as his or her agent, for a hearing or unless such commissioner or agent, as the case may be, of his or her own motions shall re-determine the same. After such hearing, the Commissioner, if he or she holds the hearing, or the County Treasurer, if the County Treasurer holds the hearing, shall give notice of the determination of such application to the person against whom the tax is assessed. Such determination shall be reviewable for error, illegality or unconstitutionality or any other reason whatsoever by a proceeding under Article 78 of the Civil Practice Law and Rules if application therefor is made to the Supreme Court within four months after the giving of the notice of such determination. A proceeding under Article 78 of the Civil Practice Law and Rules shall not be instituted unless the amount of any tax sought to be reviewed, with penalties and interest thereon, if any, shall be first deposited with the Commissioner and there shall be filed with the Commissioner an undertaking, issued by a surety company authorized to transact business in this state and approved by the Superintendent of Insurance of this state as to solvency and responsibility in such amount as a Justice of the Supreme Court shall 178 SCHUYLER COUNTY LEGISLATURE approve, to the effect that if such proceeding be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of the proceeding: or at the option of the applicant such undertaking filed with the Commissioner may be in a sum sufficient to cover the taxes, penalties and interest thereon stated in such determination, plus the costs and charges which may accrue against it in the prosecution of the proceeding in which event the applicant shall not be required to deposit such taxes, penalties and interest as a condition precedent to the application. SECTION 7: REFUND OF CERTAIN UNUSED REGISTRATIONS Whenever any fee or portion of a fee paid for the registration of a motor vehicle under the provisions of the NYS Vehicle and Traffic Law is refunded pursuant to the provisions of Subdivision 1 of Section 428 thereof, the amount of any tax paid pursuant to this local law upon such registration shall also be refunded by the Commissioner. SECTION 8: REFUNDS (a) In the manner provided in this section, the Commissioner shall refund or credit, without interest, any tax, penalty or interest erroneously, illegally or unconstitutionally collected or paid if application for such refund shall be made within one year from the payment thereof to the Commissioner or to the County Treasurer, if designated as his or her agent. Whenever a refund is made, the reasons therefor shall be stated, in writing, by the Commissioner or by the County Treasurer, as the case may be, who, in lieu of any refund, may allow credit therefor on payments due from the applicant. (b) An application for a refund or credit made as herein provided shall be deemed an application for a revision of any tax, penalty or interest complained of and the Commissioner or the County Treasurer, if designated as his or her agent, shall hold a hearing and receive evidence with respect thereto. After such hearing, the Commissioner, if he or she holds the hearing, or the County Treasurer, if the County Treasurer holds the hearing, shall give notice of the determination of such application to the applicant who shall be entitled to review such determination by a proceeding pursuant to Article 78 of the Civil Practice Law and Rules, provided that such proceeding is instituted within four months after the giving of notice in such determination, and provided that a final determination of tax due was not previously made. Such a proceeding shall not be instituted unless an undertaking is filed with the Commissioner in such amount and with such sureties as a Justice of the Supreme Court shall approve, to the effect that if such proceeding be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding. (c) A person shall not be entitled to a revision, refund or credit under this section of a tax, interest or penalty which has been determined to be due pursuant to the provisions of Section 6 of this local law where he or she had a hearing or an opportunity for a hearing, as provided in said section, or has failed to avail himself or herself of the remedies therein provided. No refund or credit shall be made of a tax, interest or penalty paid after a determination made pursuant to Section 6 of this local law, unless it be found that such determination was erroneous, illegal or unconstitutional or otherwise improper after a hearing or, on his or her own motion, by the Commissioner or by the County Treasurer, as the case may be, or in a proceeding under Article 78 of the Civil Practice Law and Rules, pursuant to the provisions of said section, in which event refund or credit without interest shall be made of the tax, interest or penalty found to have been overpaid. SECTION 9: RESERVES In cases where a taxpayer has applied for a refund and has instituted a proceeding under Article 78 of the Civil Practice Law and Rules to review a determination adverse to such taxpayer on his or her application for refund, the County Treasurer shall set up appropriate reserves to meet any decision adverse to the County. SECTION 10: REMEDIES EXCLUSIVE The remedies provided by Sections 6 and 8 of this local law shall be exclusive remedies available to any person for the review of tax liability imposed by this local law, and no determination or proposed determination of tax or determination on any application for refund shall be enjoined or reviewed by an action for declaratory judgment, an action for money had and received or by any action or proceeding other than a proceeding in the nature of a certiorari proceeding under Article 78 of the Civil Practice Law and Rules; provided, however, that a PROCEEDINGS OF THE YEAR 2003 179 taxpayer may proceed by declaratory judgment if he or she institutes suit within 30 days after a deficiency assessment is made and pays the amount of the deficiency assessment to the Commissioner prior to the institution of such suit and posts a bond for costs as provided in Section 6 of this local law. SECTION 11: PROCEEDING TO RECOVER TAX (a) Whenever any person shall fail to pay any tax, penalty or interest imposed by this local law as herein provided, the County Attorney, upon the request of the Commissioner or of the County Treasurer, if designated as his or her agent, may bring or cause to be brought an action in accordance with the Laws of the County to enforce the payment of the same on behalf of the County in any court of the State of New York or of any other state of the United States. However, if in his or her discretion, the Commissioner or the County Treasurer, if designated as his or her agent, believes that any such person subject to the provisions of this local law is about to cease business, leave the state or remove or dissipate the assets out of which the tax or penalty might be satisfied and that any such tax or penalty will not be paid when due, he or she may declare such tax or penalty to be immediately due and payable and may issue a warrant immediately. (b) As an additional or alternate remedy, the Commissioner or the County Treasurer, if designated as his or her agent, may issue a warrant, directed to the Sheriff commanding him or her to levy upon and sell the real and personal property of the person liable for the tax which may be found within the County for the payment of the amount thereof, with any penalty and interest, and the cost of executing the warrant, and to return such warrant to the person who issued it and to pay to him or her the money collected by virtue thereof within 60 days after the receipt of such warrant. The Sheriff shall within five days after the receipt of the warrant, file with the County Clerk a copy thereof, and thereupon such clerk shall enter in the judgment docket the name of the person mentioned in the warrant and the amount of the tax, penalty and interest for which the warrant is issued and the date when such copy is filed. Thereupon, the amount of such warrant so docketed shall become a lien upon the title to and the interest in real and personal property of the person against whom the warrant is issued. The Sheriff shall then proceed upon the warrant in the same manner, and with like effect as that provided by law in respect to executions issued against property upon judgments of a court of record, and for services in executing the warrant, such Sheriff shall be entitled to no fee or compensation in excess of the actual expenses paid in the performance of such duty. If a warrant is returned not satisfied in full, the Commissioner or the County Treasurer, as the case may be, may from time to time issue new warrants and shall also have the same remedies to enforce the amount due thereunder as if he or she had recovered judgment therefor and execution thereon had been returned unsatisfied. SECTION 12: GENERAL POWERS OF THE COMMISSIONER In addition to the powers granted to the Commissioner in this local law, he or she is hereby authorized and empowered: (1) To make, adopt and amend rules and regulations appropriate to the carrying out of this local law; (2) For cause shown, to remit penalties, and to compromise disputed claims in connection with the taxes hereby imposed; (3) To request information concerning motor vehicles and persons subject to the provisions of this local law from the Department of Motor Vehicles of any other state or the Treasury Department of the United States or any city or county of the State of New York, and to afford such information to such other state, Treasury Department, city or county any provision of this local law to the contrary notwithstanding; (4) To delegate his or her functions hereunder to a deputy commissioner in the Department of Motor Vehicles or any employee or employees of his or her department; (5) To prescribe methods for determining the tax, to keep such records as he or she may prescribe, and to furnish such information upon his or her request; (6) To require all persons owning motor vehicles subject to tax to keep such records as he or she may prescribe and to furnish such information upon his or her request; (7) To request the Sheriff to assist in the enforcement of this local law. 180 SCHUYLER COUNTY LEGISLATURE SECTION 13: ADMINISTRATION OF OATHS AND COMPELLING TESTIMONY (a) The Commissioner or his or her employees or agents duly designated and authorized by such commissioner shall have power to administer oaths and take affidavits in relation to any matter or proceeding in the exercise of the powers and duties under this local law. The Commissioner or the County Treasurer, if designated as his or her agent, shall have the power to subpoena and require the attendance of witnesses and the production of books, papers and documents to secure information pertinent to the performance of his or her duties hereunder and of the enforcement of this local law and to examine them in relation thereto and to issue commissions for the examination of witnesses who are out of the state or unable to attend before him or her or excused from attendance. (b) A Justice of the Supreme Court, either in court or at chambers, shall have power summarily to enforce by proper proceedings the attendance and testimony of witnesses and production and examination of books, papers and documents called for by the subpoena of the Commissioner or the County Treasurer, if designated as his or her agent under this local law. (c) The officers who serve the summons or subpoena of the Commissioner or the County Treasurer, if designated as his or her agent, and witnesses attending in response thereto shall be entitled to the same fees as are allowed to officers and witnesses in civil cases in courts of record, except as herein otherwise provided. Such officers shall be the County Treasurer and his or her duly appointed deputies or any officers or employees of the NYS Department of Motor Vehicles designated by the Commissioner to serve such process or any officers or employees of the Treasurer’s Office of the County designated by the County Treasurer to serve such process. SECTION 14: PENALTIES AND INTEREST (a) Any person failing to file a return or to pay any tax or any portion thereof within the time required by this local law shall be subject to a penalty of five times the amount of the tax due, plus interest of five percent of such tax for each month of delay or fraction thereof, but the Commissioner or the County Treasurer, if designated as his or her agent, if satisfied that the delay is excusable, may remit all or any part of such penalty, but not interest at the rate of six percent per year. Penalties and interest shall be paid and disposed of in the same manner as other revenues under this local law. Unpaid penalties and interest may be enforced in the same manner as the tax imposed by this local law. (b) The certificate of the Commissioner or of the County Treasurer, if designated as his or her agent, to the effect that a tax has not been paid or that a return required by this local law has not been filed or that information has not been supplied pursuant to the provisions of this local law shall be presumptive evidence thereof. SECTION 15: RETURNS TO BE SECRET Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for the Commissioner, any officer or employee of the NYS Department of Motor Vehicles, the County Treasurer, any officer or employee of the Treasurer’s Office, any agent of the Commissioner or any person who, pursuant to this section, is permitted to inspect any return or to whom a copy, an abstract or portion of any return is furnished or to who any information contained in any return is furnished, to divulge or make known in any manner any information contained in or relating to any return provided for by this chapter. The officers charged with the custody of such returns shall not be required to produce any of them or evidence of anything contained in them in any action or proceeding in the court, except on behalf of the Commissioner or the County Treasurer in an action or proceeding under the provisions of this local law or on behalf of any party to an action or proceeding under the provisions of this local law when the returns or facts shown thereby are directly involved in such action or proceeding, in either of which events the court may require the production of and may admit in evidence so much of said returns or of the facts shown thereby as are pertinent to the action or proceeding and no more. The Commissioner or the County Treasurer, if designated as his or her agent, may, nevertheless, publish a copy or a summary of any determination or decision rendered after a formal hearing held pursuant to Sections 6 or 8 of this local law. Nothing herein shall be construed to prohibit the delivery to a person or his or her duly authorized representative of a certified copy of any return filed by him or her pursuant to this chapter or of the receipt, document or other form issued pursuant to Section 4 of this local law or a duplicate copy PROCEEDINGS OF THE YEAR 2003 181 thereof nor to prohibit the delivery of such certified copy of such return or any information contained in or relating thereto to the United State of America or any department thereof, the State of New York or any department thereof or the County or any department thereof, provided that the same is required for official business, nor to prohibit the inspection for official business of such returns by other legal representatives of the County or by the District Attorney, nor to exhibit the publication of statistics so classified as to prevent the identification of particular returns or items thereof. SECTION 16: NOTICES AND LIMITATIONS OF TIME (a) Any notice authorized or required under the provisions of this local law may be given by mailing the same to the person for whom it is intended in a postpaid envelope addressed to such person at the address given in the last return filed by him or her pursuant to the provisions of this local law, or in any application for registration made by him or her pursuant to Section 401 of the NYS Vehicle and Traffic Law or, if no return has been filed or application made, then to such address as may be obtainable. The mailing of such notice shall be presumptive evidence of the receipt of the same by the person to whom addressed. Any period of time, which is determined according to the provisions of this local law by the giving of notice, shall commence to run from the date of mailing of such notice. (b) The provisions of the Civil Practice Law and Rules or any other law relative to limitations of time for the enforcement of the civil remedy shall not apply to any proceeding or action taken by the Commissioner or the County Treasurer, if designated as his or her agent, to levy, appraise, assess, determine or enforce the collection of any tax or penalty provided by this local law. However, except in the case of a willfully false or fraudulent return with intent to evade the tax, no assessment of additional tax shall be made after the expiration of more than three years from the date of the filing of a return; provided, however, that where no return has been filed as provided by law, the tax may be assessed at any time. (c) Where, before the expiration of the period prescribed herein for the assessment of an additional tax, a taxpayer has consented, in writing, that such period be extended, the amount of such additional tax may be determined at any time within such extended period. The period so extended may be further extended by subsequent consents, in writing, made before the expiration of the extended period. (d) If any return, claim, statement, notice, application or other document required to be filed or any payment required to be made within a prescribed period or on or before a prescribed date under authority of any provision of this title is, after such period or such date, delivered by United States Mail to the Commissioner, County Treasurer, bureau, office, officer or person with which or with whom such document is required to be made, the date of the United States postmark stamped on the envelope shall be deemed to be the date of delivery. This subsection shall apply only if the postmark date falls within the prescribed period or on or before the prescribed date for the filing of such document or for making the payment, including any extension granted for such filing or payment, and only if such document or payment was deposited in the mail, postage prepaid, properly addressed to the Commissioner, County Treasurer, bureau, office, officer or person with which or with whom such payment is required to be made. If any document is sent by United States registered mail, such registration shall be prima facie evidence that such document was delivered to the Commissioner, County Treasurer, bureau, office, officer, or person to which or to whom addressed, and the date of registration shall be deemed the postmark date. The Commissioner is authorized to provide by regulation the extent to which the provisions of the preceding sentence with respect to prima facie evidence of delivery and the postmark date shall apply to certified mail. This subsection shall apply in the case of postmarks not made by the United States Postal Service only if and to the extent provided by regulation of the Commissioner. For the purposes of this subsection, an armed forces postal service postmark shall be regarded as equivalent to a United States Postal Service postmark. (e) When the last day prescribed under authority of this title (including any extension of time) for performing any act falls on a Saturday, Sunday or legal holiday in the State of New York, the performance of such act shall be considered timely if it is performed on the next succeeding day which is not a Saturday, Sunday or legal holiday. 182 SCHUYLER COUNTY LEGISLATURE SECTION 17: COUNTY TREASURER AS AGENT The Commissioner is hereby authorized to designate the County Treasurer as his or her agent to exercise any of all of his or her functions and powers specified or provided for in subsection (d) of Section 5 and in Sections 6,8,11,13,14 and 16 of this local law. Where the County Treasurer has been so designated as Agent, the County Treasurer, in addition to the powers elsewhere granted to him or her in this local law, is hereby authorized and empowered: (1) To delegate such functions and powers to any employee or employees of the County Treasurer’s Office; (2) For cause shown, to remit penalties and to compromise disputed claims in connection with the taxes hereby imposed; (3) To request information concerning motor vehicles and persons subject to the provisions of this local law from the Department of Transportation of the United States or any city or county of the State of New York, and to afford such information to such other state, treasury department, city or county any provision of this local law to the contrary notwithstanding; (4) To request the Sheriff’s Department of the County to assist in the enforcement of the provisions of this law. SECTION 18: AGREEMENT BETWEEN COUNTY TREASURER AND COMMISSIONER The County Treasurer is hereby authorized and empowered to enter into an agreement with the Commissioner to govern the administration and collection of the taxes imposed by this local law, which agreement shall provide for the exclusive method of collection of such taxes, custody and remittal of the proceeds of such tax; for the payment by the County of the reasonable expenses incurred by the NYS Department of Motor Vehicles in collecting and administering such tax; and for the audit, upon request of the County Treasurer or his or her delegate, of the accuracy of the payment distributions and remittances to the County Treasurer pursuant to the provisions of this local law, to be conducted at a time agreed upon by the NYS State Comptroller and to be allowed not more frequently than once in each calendar year. Such agreement shall have the force and effect of a rule or regulation of the Commissioner and shall be filed and published in accordance with any statutory requirements relating thereto. SECTION 19: NOTIFICATION TO COUNTY ATTORNEY The Commissioner shall promptly notify the County Attorney of any litigation instituted against him or her which challenges the constitutionality or validity of any provision of this local law or which attempts to limit or question the applicability of such law, and such notification shall include a copy of the papers served upon him or her. SECTION 20: DISPOSITION OF REVENUES All revenues resulting from the imposition of the tax under this local law shall be paid into the treasury of the County and shall be credited to and deposited in the general fund of the County.
SECTION 21: SEVERABILITY If any provision of this local law or the application thereof to any person or circumstances is held invalid, the remainder of this local law and the application of such provisions to other persons and circumstances shall not be affected thereby. SECTION 22: EFFECTIVE DATE This local law shall become effective upon its filing with the NYS Department of State. DISCUSSION: Legislator Larison stated that he is opposed to this tax, they are already taxing the people enough. Legislator Bleiler feels this is the only other alternative for increased revenues, people really need to realize our property tax is already way out of line throughout the state. He knows that Tompkins and Seneca Counties, even with tax increases, are at $6.93 and Seneca $6.83 per thousand tax rate. Our county taxpayers have to pay hundreds more than other counties. If we approve this, we could bring the tax increase down to maybe a 4% increase. He does not want to raise property tax anymore. Legislator Larison feels comparing counties is not fair, you have to run your county as you see fit. He does not see how this helps. Legislator Bleiler believes this is more fair than land tax. Legislator Young asked, assuming someone sends their registration to Albany, where does the money go? Attorney Coleman explained that the tax comes here to Schuyler County. Legislator Larison called for the question. PROCEEDINGS OF THE YEAR 2003 183 VOTE: Passed 5-1. No: Larison. RESOLTION NO. 459 Motion by Bleiler, Second by Karius. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – COUNTY CLERK BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$56,000 1410-1136 Motor Vehicle Use Taxes VOTE: Passed 6-0. RESOLUTION NO. 460 Motion by Larison, Second by Bingell. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR HUMAN RESOURCES CLERK WHEREAS, the Human Resources Clerk position is vacated as of November 19, 2003 and the Management and Finance Committee has authorized filling of said vacancy, and WHEREAS, funding for this position is available in the 2003 budget account no. 1430.100-Personal Services. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledge the appointment by Gail Hughey, Clerk of the Legislature/Human Resources Manager, of Karen E. Spaccio as Human Resources Clerk, to be placed in the Grade Level B of the Management/Confidential Salary Plan, effective December 2, 2003 at an annual salary of $28,000. DISCUSSION: Legislator Karius said she would not vote on filling any vacancies that cost more money. The Clerk of the Legislature explained that the increase is about $3,500 more than the former employee. Legislator Bleiler does not believe $28,000 is too much for this job compared to other businesses and industry. He is trying to cut dollars everywhere, but he is reminded that just a year ago we reduced the staff by doubling up responsibilities. He feels it is foolish to have to hire someone less qualified and spend more time training. VOTE: Passed 5-1. No: Karius. Discussion on the Tax Auction Date Legislator Bleiler asked for the Treasurer’s recommendation on setting a date. The Treasurer said the date now would be right around Christmas, so she suggested waiting until after the first of next year. She will work it out with the Auctioneer to set a date for January or early February. MOTION by Legislator Bleiler, to hold the tax auction in January or early February 2004, SECOND by Legislator Larison. Motion carried six ayes to zero noes. Discussion about the Duties of the Coordinator of Information Technology The Clerk suggested that a Special Governmental Operations Committee meeting be called to discuss the Information Technology duties prior to the regular monthly committee meeting. A special committee meeting was scheduled for Wednesday, December 3rd at 11:00 a.m. Discussion on Parking Chairman Gifford asked that the County Attorney work with the Public Works Committee to discuss the most amicable way to open up the county parking lot so it is more available to the public. PUBLIC PARTICIPATION: Angie Franzese asked if she could get the 2004 tax levy figure, the 2004 contingency account amount, and when copies of the tentative budget will be available to the public. The Treasurer said the budget will be available tomorrow. MOTION by Legislator Larison, SECOND by Legislator Bingell to go into executive session to discuss employee work history. Motion carried six ayes to zero noes. MOTION by Legislator Young, SECOND by Legislator Larison to come out of executive session. Motion carried six ayes to zero noes. The Meeting adjourned at 11:55 a.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk
184 SCHUYLER COUNTY LEGISLATURE PUBLIC HEARING DECEMBER 4, 2003
The December 4, 2003 Public Hearing on the 2004 Tentative Budget was called to order at 6:30 p.m. by Chairman Gifford. All Legislators were present except Legislators Yuhasz and Slusser who were excused. County Attorney Coleman and Budget Officer Nancy Peters were also present. There were about 35 members of the public present, including department heads. Chairman Gifford opened the Public Hearing, stated the rules and turned the Hearing over to Legislator Bleiler, Acting Chairman of the Management & Finance Committee, for a presentation. Legislator Bleiler commended the department heads and employees for keeping spending reasonable and maximizing state and federal resources. The budget is, what he terms, a year-long process. It is like looking into a crystal ball and trying to see into the future. We make our best estimate, and have to adjust it as we go along. He believes this is a good budget. He reviewed the slide presentation (on file). Medicaid will consume about 39% of what is raised in property taxes. He commented on a number of items. The decrease in the county’s debt service is attributable to the tobacco settlement. In 1998/1999, the Legislature had to invest equipment into the Highway Department. He reviewed the bridge ratings for the county and explained that the bridge deficiency was 34% in 1996 and it is 13% today. There are 15 bridges that have been improved. $1,831,500 would be needed if the county had not increased the sales tax to 8% in order to keep the levy where it is right now. The county’s state and federal aid is improved which can be credited by the employees. They have to be careful when considering reducing the number of county employees because state/federal aid is lost as well as fees generated by those employees. Bob Chadeayne representing the Farm Bureau said the farmers are heavily impacted by property taxes. He asked if other revenue sources have been investigated. Legislator Bleiler stated that they increased the mortgage tax by ¼%, which represents $104,000, dedicated to offset community college expenses. However, the increase in this expense exceeded $104,000. They have considered the Vehicle Use Tax, Cell Phone Tax, and increasing the Room Tax, which all failed. Chairman Gifford explained that the county is sharing services, i.e. the Real Property Tax Director with Chemung County. There is a shared services committee looking into additional options. Legislator Bleiler thanked everyone for coming and encouraged participation at the town level also. Barb Halpin said she served as a legislator for six years and understands the difficulty of budgeting. She feels the Legislature needs to use some comparisons and they are not facing what is going on in Schuyler County. She is presenting numbers that are accurate. She looked at the 1999 budget and the 2004 proposed budget. Total spending increased 49%, which represents over 9% per year. During this time there was hardly any inflation. Health Insurance, Medicaid, and Retirement are usually where the blame falls, but she went back, took them out of the 1999 budget and out of the 2004 budget, spending still increased 40%. The tax levy has gone up every year since 1998 except for the year 2000 when sales tax went up to 8%. Despite the fact that there have been huge increases in sales tax and assessed value, the levy is still going up now 16%. She feels the problem is spending. She feels the increased value of property is being undermined by increased spending. The county has twenty-nine more full-time employees and six more part-time employees than in 1999. The tax rate is about $3.00 per $1,000 more than any surrounding community. She suggested a couple of ways to reduce the budget, one of them is to decrease the size of county government. She also suggested audits for the past few years. The fund balance projection suggests that they are over budget. Look at what departments are over budget on a regular basis. She challenged the Legislature to go back to the table and cut the budget further. All of the money put into economic development will be gone if they do not reduce spending. She also feels Schuyler County is not competitive because of the high tax rate. In 1991, this county went broke and the county was forced to layoff employees and freeze salaries. It did not affect the way the county was able to administer services. It is difficult to consider, but she feels it is something that has to be considered. Legislator Bleiler said he agrees and disagrees with many of the things she said, but he feels the number of employees is not as important as the number of employees that have a local share. Total appropriations have gone up immensely, the smaller the county, the larger the percentage. The increase in Medicaid and Retirement does hurt this PROCEEDINGS OF THE YEAR 2003 185 county. The bottom line, in his opinion, is that residents are better off today than seven or eight years ago. Every legislator had the opportunity to look at cuts and we looked at cuts. If we cut personnel, we would have to eliminate services. It is a real challenge to cut and actually save money. Sheriff Maloney stated that the gross spending is going up, but not the net spending. He has increased his number of part-time employees to reduce overtime. The department heads are continually trying to reduce expenses and seek out sources of revenue. He commended the Legislature for getting the budget to the current level. Paul Marcellus asked about the county government’s ability to refinance and invest. Legislator Bleiler said the county does invest their monies. The Treasurer explained that the fund balance does not always represent cash on hand, but anticipated revenues. They are limited as to how they can invest and what they can invest in. The county cannot invest in some of the ways that the state government can invest. They are very limited, and not earning the interest that they could if they were not so restricted. Legislator Bleiler explained that with the tobacco settlement, some of the borrowing that has been done in the past had a clause not allowing it to be called. The county paid whatever debt possible. For the debt not callable, instead of paying a penalty, they used the same funds in an interest drawing account and paid as they could. The Treasurer explained that out of a $3 million debt service, only $1.6 million is what is left to pay. The rest was paid by the tobacco settlement. Angie Franzese suggested the Legislature reduce the contingency account to $50,000, since they have such a large fund balance. She expressed displeasure about the process followed for establishing a vehicle use tax, adding the revenue to the budget and then having a public hearing. She also feels the budget can be further reduced. The Treasurer pointed out that the fund balance is at the state-recommended level. Legislator Bleiler explained that the process for establishing the vehicle use tax was dictated by time constraints. He also explained that the contingency is higher than normal to cover possible expenses, such as in the District Attorney’s budget, in case there are an exceptional number of trials next year. The fund balance could be argued all night because there are a lot of ways to look at it. The Sheriff suggests they do not change the contingency account because the boiler in the county building is old and there are things that could break down. He also said he was here in 1991 when the layoffs occurred. The Chairman of the Legislature came to him looking for help and he agreed not to fill any vacancies to make up $100,000. At that time there was no fund balance. Legislator Young asked the Commissioner of Social Services, Bill Weiss, if the state or federal government gave us a one time reprieve on Medicaid. The Treasurer explained that the county received a little under $207,000, considered forgiveness. Legislator Bleiler said the federal government also recognized the Medicaid problem. They gave us a one shot deal for the period April 1, 2003 to June 30, 2004. Legislator Young respectfully feels our department heads did a great job and this Legislature will have a tough time next year. Paul Marcellus commented that he is pleased with Legislator Bleiler’s ability to address the budget and answer questions, and now feels the budget is a good one. Chairman Gifford stated that they took $900,000 out of fund balance last year to help offset the budget, and it appears they will be fortunate enough to make that back. It is not good practice to use fund balance to offset the budget. He explained the Family Health Plus program, another unfounded mandate, and how it increased the budget. Angie Franzese asked for an explanation on an apparent new line item in the budget, the Watkins- Montour Business District in the amount of $5,000. Legislator Bleiler explained that they participated in a grant application for this and the county’s commitment is $5,000. He explained the proposal of the Business District. Mrs. Franzese feels there are not enough people that want the district, and suggested it be taken out of the budget. Legislator Bleiler stated that if the District does not come to fruition, the money will not be spent. Mrs. Franzese commented on the $5,000 in the budget for the Schuyler County Industrial Development Agency (SCIDA). She thought they were supposed to become independent. Legislator Bleiler said she raises a good question, should the county provide funds for community development. There are pros and cons on both sides of that question. Mrs. Franzese then suggested that the Chairman and Legislators cut their salaries each by 186 SCHUYLER COUNTY LEGISLATURE $1,000 to set an example. Legislator Bleiler said they have considered that. He noted that they also looked at travel expenses county-wide. He pointed out that they reduced the Social Services travel line item by 40% for next year. Bob Chadeayne asked the Legislature how active they are in fighting unfunded mandates and how they work with the Chemung County Medicaid Coalition. Chairman Gifford explained that the state bills the county for Medicaid weekly and they have no control. Schuyler County is part of the Medicaid Coalition. He has petitions in his office for signature if anyone would like to sign. Mr. Chadeayne said it is not just Medicaid, there are a lot of other programs from Albany that are questionable to the benefit of the population as a whole. Counties are being asked to fund these programs so the state looks good. He feels from the Farm Bureau’s point of view, that this is out of control and that someone needs to stand up to the State Legislature on these issues. Chairman Gifford explained that the county is also a member of the New York State Association of Counties (NYSAC) and they are a proactive group. Legislator Larison added that they also belong to the Inter- County Association of Western New York, and Schuyler County has representation there every month. It is important that they spend money to travel to these meetings. Legislator Bleiler suggested that everyone look at the backside of their tax bill when they receive it because it will show what it costs to run the county and what it costs for Medicaid. He encouraged the public to make copies of their tax bill and send them to Senator John R. Kuhl, Jr. and Assemblyman George Winner telling them this is not fair and does not make good sense to collect money for that program from property owners. The Hearing adjourned at 8:10 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk
REGULAR MEETING DECEMBER 8, 2003
The December 8, 2003 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present except Legislators Yuhasz and Slusser who were excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Dr. Richard Castor was present to explain the concept of a Humanitarian Clinic. There are these type of clinics in Steuben and Broome Counties. A Humanitarian Clinic delivers free medical care for those without insurance and for those who do not qualify for Medicaid. They have made presentations to the local Rotary Club and other agencies such as the Council of Churches. At this point it is just a concept, and he will only be asking for the Legislature’s endorsement at a later date. Jylle Benson Gauss said spoke in favor of Resolution No. 499 in regards to the Patriot Act. Once again, she encouraged the Legislature to vote in favor of this Resolution. On November 23rd the FBI issued a memo to infiltrate and moderate peace groups. This is one big step away from the use of the Patriot Act to monitor terrorists. She feels this Resolution is more important than ever now. Democracy should speak out and let voices be heard. She urged the Legislature to stand up and send a message to the higher level of government. Tim Dunlap, from the Town of Hector, said he concurs with Ms. Benson Gauss. He feels Americans need to stand up and say enough is enough. Beau Duprey, from Hector as well, urged the Legislature to pass the Patriot Act Resolution. He feels the Act violates the Constitution of the United States. Attorney Connie Miller asked when she could meet with the Public Safety/Criminal Justice Committee about staff and office supplies for her office as the new Public Defender. Legislator Larison explained that the committee meets a week from Thursday at 1:30 p.m. He suggested that she come at 2:15 p.m. to speak. Legislator Young welcomed the young people present tonight and hoped this would not be the first and last meeting they attend.. She thanked the legislators for their anticipated support on the Patriot Act resolution and thanked Attorney Coleman for drafting it. Legislator Bleiler said he owes Attorney Coleman a thank you PROCEEDINGS OF THE YEAR 2003 187 and a congratulations for drafting a Resolution they all could agreed upon. Legislator Karius said she will miss sitting beside Legislator Young. She feels she has a lot of good common sense. Legislator Larison also thanked Attorney Coleman for his help and direction in finding a new Public Defender for the county. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. OF THE YEAR 2004 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2004: No public participation. PUBLIC HEARING ON LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT TAX ASSESSMENT ROLL: Dennis Fagan explained the history of the District for the public. The current issue with the Department of Environmental Conservation (DEC) now is the re-growth of native plants. To his knowledge, there has not been one complaint from residents on the use of SONAR. He also explained how the Lakes Commission plans on spending their funds. WITHDRAWN RE: APPROVE MINUTES OF THE NOVEMBER 10, 2003 REGULAR MEETING AND THE NOVEMBER 19, 2003 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE - WITHDRAWN BE IT RESOLVED, that the minutes of the November 10, 2003 Regular Meeting and the November 19, 2003 Special Meeting of the Schuyler County Legislature be approved. RESOLUTION NO. 461 Motion by Larison, Second by Bingell. RE: AUTHORIZE CREATION OF A SENIOR REGISTERED PROFESSIONAL NURSE POSITION - MENTAL HEALTH WHEREAS, the State of New York will convert the Reinvestment State staffing program as of March 31, 2004, and WHEREAS, the Reinvestment State Staffing Program provided the Mental Health Clinic with a Senior Registered Professional Nurse, and WHEREAS, the Mental Health Clinic cannot meet standards without a senior registered professional nurse, and WHEREAS, the senior nursing workload requires a replacement for the state position, effective April 1, 2004, and WHEREAS, the State has provided funding in lieu of said position. NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services/Public Health be hereby authorizd to create a Senior Registered Professional Nurse position in the Mental Health Department, Grade 24, $16.67 per hour, funding available in the Mental Health budget for 2004, effective April 1, 2004. VOTE: Passed 6-0. RESOLUTION NO. 462 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF HEALTH FOR REIMBURSEMENT OF RABIES EXPENSES AND AMEND THE 2003 BUDGET – PUBLIC HEALTH WHEREAS, the New York State Department of Health entered into an agreement with Schuyler County Public Health, effective April 1, 1996, renewable annually with an appendix specifying the reimbursement for rabies related expenses incurred by the County, and WHEREAS, the New York State Department of Health has amended the Letter of Agreement to reflect changes to the Public Health Law and clarify current procedures with a new term, and WHEREAS, the maximum annual reimbursement allowed has been increased by $1,300. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the New York State Department of Health to reimburse rabies related expenses for the period April 1, 2003 through March 31, 2004, renewable annually with an appendix of reimbursement, up to a maximum of $19,000, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2003 Public Health budget, as follows: AMOUNT ACCOUNT NO. DESCRIPTION 188 SCHUYLER COUNTY LEGISLATURE +$ 800.00 4042.358 Post Exposure Treatment +$ 500.00 4042.473 Biologies +$1,300.00 4042-3401 State Aid – Rabies VOTE: Passed 6-0. RESOLUTION NO. 463 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPOINTMENTS TO THE COMMUNITY SERVICES BOARD - COMMUNITY SERVICES WHEREAS, the Community Services Board has passed a resolution to increase their membership from nine (9) to fifteen (15) in accordance with Office of Mental Health regulations, effective immediately, and WHEREAS, the increased membership will allow inclusion of consumers and family members, and WHEREAS, the Community Services Board therefore has 6 extra vacancies. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Scott Wytrwa and Cynthia Terry, MD for a term of January 1, 2004 through December 31, 2007. VOTE: Passed 6-0. RESOLUTION NO. 464 Motion by Karius, Second by Bingell. RE: AMEND AGREEMENT WITH EXTRADEV, INC. FOR COMPUTER SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department has an agreement with ExtraDev, Inc. to provide computer services involving network administration, and WHEREAS, there is additional work needed to upgrade and increase the efficiency of the network operations of the Public Health Department, and WHEREAS, the agreement with ExtraDev, Inc. needs to be increased by $5,000 in order to continue the services provided involving network administration. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an amendment to the Agreement with ExtraDev, Inc. for an additional $5,000, funds being available in the 2003 budget, account no. 4010.532, subject to approval by the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 465 Motion by Karius, Second by Bingell. RE: AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE - COMMUNITY SERVICES WHEREAS, the Mental Health Subcommittee has a vacancy, and WHEREAS, James Gay has expressed interest in becoming a member. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of James Gay to the Mental Health Subcommittee for term January 1, 2003 through December 31, 2006. VOTE: Passed 6-0. RESOLUTION NO. 466 Motion by Karius, Second by Bingell. RE: AUTHORIZE INCREASE IN STAFF PSYCHIATRIST SALARY – COMMUNITY SERVICES WHEREAS, the full-time staff psychiatrist position in the Mental Health clinic is a professional position which requires salary increases to be approved by the Legislature, and WHEREAS, the position has been filled since January 2002 by Dr. Mihai Dascalu at an annual salary of $100,000, which salary has remained unchanged for the two-year period of his employment, and WHEREAS, the retention of a full-time psychiatrist is crucial to the operation of the Mental Health clinic, both financially and in the delivery of mental health services, and WHEREAS, a salary increase for said position is included in the proposed 2004 Mental Health personal services budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves a salary increase for the full-time psychiatrist in the Mental Health Department in the amount of $22,500, from $100,000 to $122,500 annually effective January 1, 2004. PROCEEDINGS OF THE YEAR 2003 189 VOTE: Passed 6-0. RESOLUTION NO. 467 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FOR BOND PAYMENTS – MENTAL HEALTH WHEREAS, the total of the interest and principal payments related to the bond financing of the Mill Creek Center exceeded the estimated figure in the 2003 budget by $1,493.28, and WHEREAS, the county will receive additional rental revenues. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2003 Mental Health budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$1,493.28 4322.327 Community Services Board +$1,493.28 4322-2410 Rental of Buildings VOTE: Passed 6-0. RESOLUTION NO. 468 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH DR. SAVITHRI SATTI - COMMUNITY SERVICES WHEREAS, the Mental Health Department currently contracts with Savithri A. Satti, MD for part-time psychiatrist services, and WHEREAS, continuation of these services would be beneficial to the operation of the Mental Health Clinic, and WHEREAS, the hourly rate paid for these services in 2003 was $75.00, and WHEREAS, funds are available in the proposed 2004 Mental Health budget to increase the hourly rate paid for part-time psychiatrist services. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Savithri A. Satti, MD for the provision of part-time psychiatrist services, at the hourly rate of $90.00, not to exceed $38,000 annually from January 1, 2004 through December 31, 2004, such amount provided for in the proposed 2004 Mental Health budget, account 4310.435; subject to approval by the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 469 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES, INC. FOR 2004 – COMMUNITY SERVICES WHEREAS, the Mental Health Department currently contracts with the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc. for community and school-based prevention services, and WHEREAS, continuation of these services would be beneficial to the delivery of mental health services to the residents of Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc. for the provision of community and school-based prevention services for a term of January 1, 2004 through December 31, 2004, in an amount not to exceed $154,496, such amount provided for in the proposed 2004 Mental Health budget, account 4322.550; subject to approval by the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 470 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CONTRACT RENEWAL WITH FINGER LAKES ADDICTIONS COUNSELING AND REFERRAL AGENCY FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES FOR 2004 – COMMUNITY SERVICES WHEREAS, the Mental Health Department currently contracts with the Finger Lakes Addictions Counseling and Referral Agency for substance abuse and alcohol treatment services, prevention services, counseling, and education, and 190 SCHUYLER COUNTY LEGISLATURE WHEREAS, continuation of these services would be beneficial to the delivery of mental health services to the residents of Schuyler County, and WHEREAS, the amount of the State Aid available for these services for 2004 has been reduced by $10,229 and as such the contract amount for 2004 has likewise been reduced. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the Finger Lakes Addictions Counseling and Referral Agency for the provision of alcohol and substance abuse services at an amount not to exceed $108,708 for a term of January 1, 2004 through December 31, 2004, such amount provided for in the proposed 2004 Mental Health budget, account 4322.336; subject to approval by the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 471 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CONTRACT RENEWAL WITH AFFILIATED PSYCHOLOGICAL CONSULTANTS, PC – COMMUNITY SERVICES WHEREAS, the Mental Health Department currently contracts with Affiliated Psychological Consultants, PC for psychologist consultant services, staff social workers, and school outreach workers, and WHEREAS, continuation of these services would be beneficial to the operation of the mental health clinic, and WHEREAS, the 2003 contract called for three mental health professionals to provide the school outreach services, but one position remained vacant for the duration of the contract period and two have resigned, and WHEREAS, due to these circumstances the 2004 contract will be adjusted to reflect the reduction of the school outreach services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Affiliated Psychological Consultants, PC for the provision of psychologist consultant services, and staff social workers, at an amount not to exceed $172,534 for the term January 1, 2004 through December 31, 2004, such amount provided for in the proposed 2004 Mental Health budget, account 4310.435-Professional Fees and Services; subject to approval by the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 472 Motion by Bingell, Second by Bleiler. RE: APPROVAL OF THE OFFICE FOR THE AGING 2004 ANNUAL IMPLEMENTATION PLAN FOR THE OLDER AMERICANS ACT AND NEW YORK STATE COMMUNITY SERVICES FOR THE ELDERLY PROGRAMS WHEREAS, the Schuyler County Legislature has established an Office for the Aging in Schuyler County, and WHEREAS, the Office for the Aging is required to submit an Annual Implementation Plan/Four Year Plan, which includes plans for programs operated by the Office for the Aging, as follows: Title IIIB of the Older American’s Act Titles IIIC1 and IIIC2 of the Older American’s Act Title IIID of the Older American’s Act Title IIIE of the Older American’s Act Title V of the Older American’s Act Title VII of the Older American’s Act The Weatherization Referral & Packaging Program Health Insurance Information, Counseling and Assistance Program Community Services for the Elderly Program Congregate Services Initiative Program Home Energy Assistance Program Expanded In-Home Services for the Elderly Program (EISEP) Supplemental Nutrition Assistance Program (SNAP) NYS Long-Term Care Ombudsman Program, and PROCEEDINGS OF THE YEAR 2003 191 WHEREAS, the Plan requires approval by the Schuyler County Legislature before submitting the Plan in December 2003, and WHEREAS, the Public Hearing on the Annual Implementation Plan/Four Year Plan will be held on December 5, 2003 at 1:00 P.M. at the Offices of the Schuyler County Office for the Aging as required, and WHEREAS, no Federal and/or New York State funding will be available until the plan has been approved by the Schuyler County Legislature and submitted to the NYS Office for the Aging and approved. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign those funding applications necessary to carry out the services provided by the Schuyler County Office for the Aging, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign those contracts and agreements necessary to carry out the service provided by the Schuyler County Office for the Aging, contracts or agreements; subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 473 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH THE OFFICE FOR THE AGING FOR HEAP ADMINISTRATION – SOCIAL SERVICES WHEREAS, Schuyler County Office for the Aging assists the Department of Social Services in administering the Heating Energy Assistance Program (HEAP) with the county’s elderly population and SSI clients, and WHEREAS, the initial allocation shall be divided proportionately, 75% to Social Services and 25% to the contractor, Office for the Aging (OFA), with the OFA share increasing from $9,564 to $11,470, an increase of $1,906. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Schuyler County Office For The Aging for the HEAP season October 1, 2003 through September 30, 2004, funding available in the DSS budget account no. 6010.332, subject to approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 474 Motion by Bleiler, Second by Bingell. RE: AMEND DEPARTMENT OF SOCIAL SERVICES 2003 BUDGET WHEREAS, the Department of Social Services expects to exceed its 2003 budgets for Day Care, Medicaid, Foster Care, and Safety Net, and WHEREAS, the department expects increased revenue for these accounts. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following changes in the Department of Social Services 2003 Budget: Appropriations 6055.400 Day Care + 54,000 6102.400 MEDICAID + 150,000 6109.400 Family Assistance - (20,000) 6119.400 Foster Care and Adoption + 120,000 Subsidies 6123.400 Juvenile Delinquency - (50,000) 6140.400 Safety Net + 34,000
Subtotal of 288,000 Appropriations
Revenue 6055.3655 State Aid - Day Care + 54,000 6102.3602 State Aid - MMIS + 200,000 6119.3619 State Aid - Foster Care + 42,000 192 SCHUYLER COUNTY LEGISLATURE 6123.3623 State Aid - Juvenile - (25,000) Delinquency 6140.3640 State Aid - Safety Net + 17,000
Subtotal of Revenue 288,000 Accounts
NET TOTAL 0 VOTE: Passed 6-0. RESOLUTION NO. 475 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO BE CHARGED ON THE JANUARY, 2004, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE WHEREAS, the Town of Hector is desirous of having those delinquent in payment of water bills be charged on the 2004 Town and County tax bill, per Town resolution No. 117-03, as a separate item for the amount of the arrears. NOW, THEREFORE, BE IT RESOLVED, that the delinquent water bills for the Town of Hector, be added to the January, 2004, Town and County tax bills as a separate item for the amount of the arrears, provided by Town Law, Article 12, Paragraph 198. VOTE: Passed 6-0. RESOLUTION NO. 476 Motion by Karius, Second by Bingell. RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2004, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE WHEREAS, certain property owners in the Town of Reading are delinquent in paying their sewer and water bills, and WHEREAS, the Town of Reading is desirous of having those delinquent in payment of sewer and water bills be charged on the 2004 Town and County tax bills as shown in the Town of Reading Resolution No. 66- 03. NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of Reading, as shown on the attached Resolution of the Town of Reading, be added to the January, 2004, Town and County tax bill as a separate item for the arrears, as provided by Town Law Section 198, subsection l (k). VOTE: Passed 6-0. RESOLUTION NO. 477 Motion by Karius, Second by Bingell. RE: RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2004 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE WHEREAS, the State Board of Real Property Services has established the County tax levy pursuant to Title 2 of Article 8 of the Real Property Tax Law, and a certificate of these rates has been received. NOW, THEREFORE, BE IT RESOLVED, that the equalization rates for the 2004 Assessment Roll be adopted and the 2003 County equalization rates for the general levy and apportionment from the State Board of Real Property Services be entered in the minutes as follows: TOWN OF CATHARINE 90.06 TOWN OF MONTOUR 90.06 TOWN OF CAYUTA 94.12 TOWN OF ORANGE 92.02 TOWN OF DIX 92.84 TOWN OF READING 92.84 TOWN OF HECTOR 94.00 TOWN OF TYRONE 89.78 VOTE: Passed 6-0. RESOLUTION NO. 478 Motion by Karius, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH WEILER MAPPING, INC. FOR ANNUAL TAX MAP MAINTENANCE – REAL PROPERTY TAX SERVICE WHEREAS, Weiler Mapping, Inc. has agreed to renew their annual contractual agreement with Schuyler County to provide tax map maintenance at an increase of $100 per month. PROCEEDINGS OF THE YEAR 2003 193 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be hereby authorized to execute a tax map maintenance contract with Weiler Mapping, Inc. for the Real Property Tax Service, for the term of January 1, 2004, to December 31, 2004, in the amount of $12,000; funding available in the proposed 2004 Real Property Tax Agency budget; subject to approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 479 Motion by Larison, Second by Bingell. RE: COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2003 FOR THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE TOWN OF TYRONE, IN THE COUNTY OF SCHUYLER, AND STATE OF NEW YORK Pursuant to Sections 270 and 271 of the County Law of the State of New York. WHEREAS, the assessment roll for the year 2003 for the Lamoka/Waneta Lakes’ Protection and Rehabilitation District in the Town of Tyrone, in the County of Schuyler, and State of New York for the budget year 2004 has been completed and properly filed with the Schuyler County Real Property Tax Service Agency at its office in the Schuyler County Office Building at 105 Ninth Street, Watkins Glen, New York, for review and inspection by the public and interested parties, and WHEREAS, proper notice of the completion and filing of said assessment roll and also proper notice that the Public Hearing on the assessment roll would be held by the County Legislature of the County of Schuyler in the Legislative Chambers in the County Office Building, 105 Ninth Street, Watkins Glen on December 8, 2003 at 7:15 P.M. to hear and consider any objections pertaining to said assessment roll, and WHEREAS, due and proper proof of the publication of the notice of the aforesaid Public Hearing has been filed in the Office of the Clerk of the Legislature, and WHEREAS, the aforesaid Public Hearing was duly held on the 8th day of December, 2003, and any persons appearing in regard to the said assessment roll having been heard. NOW, THEREFORE, BE IT RESOLVED, said assessment roll for the year 2003 for the Lamoka/Waneta Lakes District in the Town of Tyrone, in the County of Schuyler, and State of New York be hereby approved as completed and filed in the office of the Schuyler County Real Property Tax Service Agency, and BE IT FURTHER RESOLVED, that the Director of the Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer shall see to the proper procedure for the levy and collection of the appropriate taxes on the several real properties situate and benefited within said Lakes’ Protection and Rehabilitation District, and BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be forwarded to the Director of Real Property Tax Service Agency, the County Treasurer, the Attorney for said Lakes’ Protection and Rehabilitation District, the Lamoka/Waneta Lakes’ District Commission and the Clerk of the Steuben County Legislature. VOTE: Passed 6-0. RESOLUTION NO. 480 Motion by Larison, Second by Bingell. RE: ESTABLISH NEW FEE SCHEDULE FOR THE REAL PROPERTY TAX SERVICE OFFICE WHEREAS, the cost of reproducing tax maps, print-outs, and other reports has been constantly increasing, and WHEREAS, these increased costs should be borne by those who utilize these services and not the County taxpayers as a whole. NOW, THEREFORE, BE IT RESOLVED, that the following revised fee schedule, for work performed by the Real Property Tax Service Office, shall take effect January 1, 2004. SCHUYLER COUNTY REAL PROPERTY TAX SERVICE OFFICE FEE SCHEDULE Blueprint Machine Copy Costs: 30” X 42” $ 6.00 24” X 36” $ 5.00 17” X 22” $ 4.00 Photocopy Machine Copy Costs: 11” X 17” $ .50 8.5” X 14” $ .25 194 SCHUYLER COUNTY LEGISLATURE 8.5” X 11” $ .25 Laserprinted copies $ .25 Computerized data retrieved through existing programs and printed on stock paper (minimum charge $20.00) $ .25 / page Computerized data retrieved through specialized programs and printed on stock paper (minimum charge $50.00) $ .25 / page + $30 setup fee Computerized data retrieved through existing programs and provided electronically (minimum charge $20.00) $ .01 / record Computerized data retrieved through specialized programs and provided electronically (minimum charge $50.00) $ .01 / record + $30 setup fee Town map – composite / reduced size $ 6.00 County highway map $ 2.50 Labels (retrieved through existing programs) $ .05 / label Village Assessment Rolls $ 25.00 Village Tax Rolls & Bills $ .25 / bill County Roll on diskettes (without parcel inventories, RPS995T1) $125.00 County Roll on diskettes (with parcel inventories, RPS995T1) $250.00 GIS Tax Parcel Data Layer on CD $ 50.00 / town Tax Bill Extract and Rate Files $750.00 Town Assessment Rolls: Catharine $ 44.10 Cayuta $ 17.50 Dix $ 88.20 Hector $122.15 Montour $ 51.10 Orange $ 44.10 Reading $ 50.05 Tyrone $ 61.95
VOTE: Passed 6-0. RESOLUTION NO. 481 Motion by Larison, Second by Bingell. RE: RESOLUTION TO INCREASE CHARGEBACKS TO THE TOWNS FOR SUPPLIES AND ADMINISTRATIVE ASSISTANCE – REAL PROPERTY TAX SERVICE WHEREAS, the County annually charges back to towns the cost of data processing services and other mechanical and administrative assistance in the preparation of assessment rolls, tax rolls, tax bills and other assessment reports as required by the State, and WHEREAS, the cost to provide those services has increased. NOW, THEREFORE, BE IT RESOLVED, that the annual town charge back for the above mentioned services be applied as follows: RPS Processing Keypunch Valuation Processing & License Fee Fee Statistical Analysis Catharine $200 $1.00 / parcel $1.00 / parcel $1.00 / parcel Cayuta $250 $1.00 / parcel $1.00 / parcel $1.00/parcel Dix $213 $1.00 / parcel $1.00 / parcel $1.00/parcel Hector $425 $1.00 / parcel $1.00 / parcel $1.00 / parcel Montour $200 $1.00 / parcel $1.00 / parcel $1.00 / parcel Orange $325 $1.00 / parcel $1.00 / parcel $1.00 / parcel Reading $213 $1.00 / parcel $1.00 / parcel $1.00 / parcel Tyrone $325 $1.00 / parcel $1.00 / parcel $1.00 / parcel, and BE IT FURTHER RESOLVED, that the new fee structure will apply to services provided beginning in the year 2004. PROCEEDINGS OF THE YEAR 2003 195 VOTE: Passed 6-0. RESOLUTION NO. 482 Motion by Larison, Second by Bingell. RE: AUTHORIZE ONGOING AGREEMENT WITH TIME WARNER CABLE/ROAD RUNNER FOR INTERNET SERVICES - INFORMATION TECHNOLOGY WHEREAS, Resolution No. 75-01 as amended in Resolution No. 265-02 authorized a contract with Time Warner Cable for Road Runner Internet services for four years, and WHEREAS, this is an ongoing service agreement that may have monthly addendums added to it with increases and decreases in service charges to support the continuing changes of the County’s Internet needs. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to this ongoing agreement with Time Warner Cable for Road Runner services for the Information Technology Services Department, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the monthly addendums for the service charges are to not exceed a 10% increase from the prior addendum unless approved by the Legislature. The total monthly service charges for the year 2003 is $563.90; funding available in Information Technology Services account no. 1680.335, and BE IT FURTHER RESOLVED, that this Resolution supercedes any and all Resolutions dated after January 2000 relative to Time Warner Cable – Road Runner Services. VOTE: Passed 6-0. RESOLUTION NO. 483 Motion by Bingell, Second by Young. RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 2003/LOCAL LAW NO. 1 OF THE YEAR 2004 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2004 WHEREAS, a proposed Local Law setting salaries for certain public officers for fiscal year 2004 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held December 8, 2003 at 7:00 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4 of the Year 2003/Local Law No. 1 of the Year 2004, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 4 of the Year 2003/Local Law No. 1 of the Year 2004, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 4 OF THE YEAR 2003/LOCAL LAW NO. 1 OF THE YEAR 2004 A Local Law Setting Salaries for Certain Public Officers for the Year 2004. Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the following adjustments of salaries for the public officers listed below shall be in the amounts herein stated effective January 1, 2004. 5. The following public officers are subject to the provisions hereof: Personnel Officer $36,066 Deputy County Clerk $29,828 Assistant District Attorney $58,531 Assistant District Attorney $20,560 Conf. Sec’y. to District Attorney $30,813 Commissioner of Social Services $55,698 County Highway Superintendent $49,757 Deputy County Highway Supt. $44,187 Undersheriff $45,004 Real Property Tax Director $45,754 Deputy Comm. Of Board of Elections $22,500 Deputy Comm. Of Board of Elections $24,166 Board of Election Commissioner $3,500 196 SCHUYLER COUNTY LEGISLATURE Board of Election Commissioner $3,500 3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24. VOTE: Passed 6-0. RESOLUTION NO. 484 Motion by Bingell, Second by Young. RE: AUTHORIZING DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax receipts for the period April 1, 2003 through September 30, 2003, pursuant to Section 261 of the New York State Tax Law, and the same has been apportioned to the various municipalities thereto. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to pay the respective towns and villages of Schuyler County those amounts listed on Exhibit "A" attached hereto. VOTE: Passed 6-0. RESOLUTION NO. 485 Motion by Bingell, Second by Young. RE: SET DATE - 2003 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the final meeting of the year 2003 for the Schuyler County Legislature be held on Monday, December 29, 2003, in the Legislative Chambers at 3:00 P.M. and that appropriate legal notice be published in the official newspaper of the County. VOTE: Passed 6-0. RESOLUTION NO. 486 Motion by Bingell, Second by Young. RE: SET DATE - 2004 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the 2004 Organizational Meeting of the Schuyler County Legislature shall be held on Monday, January 5, 2004 in the Legislative Chambers at 9:30 A.M. and that appropriate legal notice be published in the official newspaper of the County. VOTE: Passed 6-0. RESOLUTION NO. 487 Motion by Bingell, Second by Young. RE: UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2003-2004 WHEREAS, the County Treasurer submitted to this County Legislature, pursuant to Section 1330 (5) of the Real Property Tax Law, a certified list of unpaid school taxes, which will be assessed and relevied, and WHEREAS, pursuant to Section 1330 (4) of the Real Property Tax Law, this Board is required to pay the various Districts the amount of unpaid school taxes, as certified. NOW, THEREFORE, BE IT RESOLVED, that said unpaid school taxes for the year 2003-04, as they appear on said certified list be, and the same hereby are, approved as of December 8, 2003, and the Real property named in said certification any items of unpaid taxes therein set forth. VOTE: Passed 6-0. RESOLUTION NO. 488 Motion by Larison, Second by Bingell. RE: APPROVE ALTERNATIVES TO INCARCERATION SERVICE PLAN-PROBATION WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the year 2004, and WHEREAS, the said Plan and Budget have been reviewed and both appear to be in order and approved by the Public Safety/Criminal Justice Committee of this Legislature. NOW, THEREFORE, BE IT RESOLVED, that the year 2004 Criminal Justice Advisory Alternatives to Incarceration Plan and Budget be hereby approved by the Schuyler County Legislature, and the Chairman be authorized to sign the same upon approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Criminal Justice Advisory Council submit the same to the State of New York State Division of Probation and Correctional Alternatives for approval. VOTE: Passed 6-0. RESOLUTION NO. 489 Motion by Larison, Second by Bingell. RE: APPOINTMENT - DEPUTY FIRE COORDINATOR – EMERGENCY MANAGEMENT PROCEEDINGS OF THE YEAR 2003 197 WHEREAS, the Emergency Management Coordinator deems it necessary to fill a vacant position to closer coordinate the emergency service in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that Kirk Smith of the Watkins Glen Fire Department be appointed as Deputy Fire Coordinator effective immediately, said position is a volunteer position. VOTE: Passed 6-0. RESOLUTION NO. 490 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH MOTOROLA – EMERGENCY MANAGEMENT WHEREAS, the Motorola service agreement renewal for the Emergency Management Office has an increase of $265.68 for a total amount of $13,536.12. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Motorola for the Emergency Management Office for 911 Console Maintenance for the term December 1, 2003 through November 30, 2004, funding available in the 2003 Emergency Management budget account no. 3689.435-Professional Fees and Services; subject to approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 491 Motion by Bingell, Second by Larison. RE: AUTHORIZE GRANT APPLICATION FOR 2003 FIRE PREVENTION AND SAFETY GRANT – EMERGENCY MANAGEMENT WHEREAS, the FEMA offered counties money for Fire Prevention Programs, with a 10% match to the County, and WHEREAS, the Emergency Management Office wishes to apply for $11,260 of which the county’s matching portion is in the 2004 Emergency Management budget account no. 3689.460. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the 2003 Fire Prevention and Safety Grant; subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 492 Motion by Bingell, Second by Larison. RE: AUTHORIZE GRANT APPLICATION FOR PREVENTION OF RESIDENTIAL FIRE-RELATED INJURIES GRANT – EMERGENCY MANAGEMENT WHEREAS, the New York State Department of Health is offering counties money for Fire Prevention Programs with no local share requirement, and WHEREAS, the Emergency Management Office wishes to apply for $20,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the Prevention of Residential Fire-Related Injuries Grant; subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 493 Motion by Bingell, Second by Larison. RE: ADOPT A REVISED SCHUYLER COUNTY COMPREHENSIVE EMERGENCY PLAN WHEREAS, the Comprehensive Emergency Plan for Schuyler County has been revised by the Emergency Management Office, and WHEREAS, the Schuyler County Legislature recognizes that fires, chemical accidents, toxic spills, natural disasters, terrorist activities, civil disorders (such as bomb threats and unlawfully armed persons) and other emergencies are a threat to the county and community, and WHEREAS, under the authority of Section 23 of the New York State Executive Law, a county is authorized to develop a Comprehensive Emergency Management Plan to prevent, mitigate, respond to and recover from emergencies and disasters. NOW, THEREFORE, BE IT RESOLVED, that effective immediately, the Schuyler County Legislature does hereby adopt the Schuyler County Comprehensive Emergency Plan (on file). VOTE: Passed 6-0.
198 SCHUYLER COUNTY LEGISLATURE EXHIBIT "A" MORTGAGE TAX DISTRIBUTION AMONG TOWNS AND VILLAGES APRIL 1, 2003 THROUGH SEPTEMBER 30, 2003
In Assessed Out Assessed Total Value Total Dbid. Vill. Share Town Share Distribution Percentage Catharine 12,261,476 37,201,692 49,463,168 98,926,336 1,304.33 9,219.12 10,523.45 12.3946
Cayuta 19,777,294 19,777,294 39,554,588 2,171.16 2,171.16 0.0000
Dix WG 66,254,261 72,139,753 141,346,988 282,693,976 7,008.21 22,582.09 29,902.66 23.4367 Dix MF 2,952,974 312.36 1.0446
Hector 7,730,787 183,896,325 191,627,112 383,254,224 1,072.23 52,083.88 53,156.11 2.0171
Montour-OD 2,626,717 26,614,403 63,842,442 127,684,884 449.62 15,483.59 21,855.95 2.0572 Montour-MF 34,601,322 5,922.74 27.0990
Orange 50,644,157 50,644,157 101,288,314 7,970.89 7,970.89 0.0000
Reading 11,093,823 96,610,632 107,704,455 215,408,910 1,144.53 21,078.92 22,223.45 5.1501
Tyrone 82,276,533 82,276,533 164,553,066 13,481.14 13,481.14 0.0000
TOTALS 137,521,360 569,160,789 706,682,149 1,413,364,298 17,214.03 144,070.78 161,284.81 73.1993 APPROVED BY COMMITTEE: Delmar F. Bleiler, Acting Chairman
Glenn R. Larison
Sharon S. Bingell
Thomas M. Gifford PROCEEDINGS OF THE YEAR 2003 199 RESOLUTION NO. 494 Motion by Bingell, Second by Larison. RE: AUTHORIZE FILLING CORRECTIONS OFFICER POSITION – SHERIFF’S DEPARTMENT WHEREAS, Corrections Officer William Rozell is resigning from the Schuyler County Sheriff’s Department Jail Division to enter law school, and WHEREAS, it is necessary under State Commission of Corrections Rules and Regulations to provide minimum staffing at all times in the County Jail. NOW, THEREFORE, BE IT RESOLVED, that the Sheriff of Schuyler County be hereby authorized to fill this Corrections Officer position upon the resignation of Officer Rozell, at a salary of $12.64 an hour. VOTE: Passed 6-0. RESOLUTION NO. 495 Motion by Bingell, Second by Larison. RE: AUTHORIZATION TO APPLY FOR BYRNE ANTI-DRUG FUNDS – SHERIFF’S DEPARTMENT WHEREAS, money is available each year under the Byrne Anti-Drug Funds, and WHEREAS, the Schuyler County Sheriff’s Department/District Attorney’s Office is in need to update their surveillance equipment in their drug investigations, and WHEREAS, $22,500 will be made available with a 25% matching funds from the Sheriff’s Department budget, which has been budgeted for the year 2004. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to apply for these Byrne Anti-Drug Funds and that the Chairman of the Legislature is authorized to sign any and all applications upon approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 496 Motion by Bingell, Second by Larison. RE: AMEND THE 2003 MACHINERY FUND BUDGET – HIGHWAY WHEREAS, the continued high price for gasoline and diesel fuel has depleted the Shared Fuel Facility account, and WHEREAS, the cost of the fuel is passed on to all users. NOW, THEREFORE, BE IT RESOLVED, that the 2003 Machinery Fund be adjusted for the expense and revenue: AMOUNT ACCOUNT NO. DESCRIPTION +$15,000.00 5131.526 Fuel +$15,000.00 0003-2300 Services VOTE: Passed 6-0. RESOLUTION NO. 497 Motion by Young, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH DOT COMMERCE INCORPORATED FOR WEB PAGE CREATIONS – INFORMATION TECHNOLOGY SERVICES WHEREAS, the Office of Emergency Management has grant funds available to spend on creating a new “Home” web page for Schuyler County along with separate web pages for each county department, and WHEREAS, the Coordinator of Information Technology Services has contacted Dot Commerce Incorporated and they are willing to do the work at a cost not to exceed $1,524. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an agreement with Dot Commerce Incorporated for web page creations, at a cost of $1,524, effective immediately through December 31, 2004, funding available in the 2003 budget account no 3689-431-3681- Office Supplies; subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 498 Motion by Young, Second by Bingell. RE: AUTHORIZE MEMORANDUMS OF AGREEMENT WITH THE DEPUTY SHERIFF’S ASSOCIATION WHEREAS, the County and the Deputy Sheriffs Association agree upon certain terms relative to adding four titles to the 2003-2007 Agreement that were never included in the past, and additionally agree that this will be allowed retroactive to January 1, 2003, and 200 SCHUYLER COUNTY LEGISLATURE WHEREAS, it is understood that these titles will be added with a sunset clause to expire at the end of the contract term, December 31, 2007, at which time it is to be re-negotiated, and if the contract is re-opened for any reason prior to the sunset term, that this issue will be further negotiated during said re-opener. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to the terms of the Memorandums of Agreement as set forth above as addendums to the 2003-2007 Deputy Sheriffs Association Contract Agreement, and authorizes the Chairman of the Legislature to execute the same. VOTE: Passed 6-0. RESOLUTION NO. 499 Motion by Young, Second by Bingell. RE: A RESOLUTION REGARDING THE USA PATRIOT ACT II AND THE PROTECTION OF CIVIL RIGHTS AND LIBERTIES WHEREAS, the County of Schuyler is both deeply committed to the security of the United States and deeply concerned about the potential impact of the USA Patriot Act II on the constitutional rights of U.S. citizens, and WHEREAS, the Schuyler County Legislature has particular concerns regarding several specific aspects of the Act as it may be applied to American citizens, including: 1. Those provisions limiting the right to a speedy, public trial in accordance with the Federal Rule of Criminal Procedure as they now exist. 2. Loss of access to legal counsel and the maintenance of the attorney-client privilege. 3. Detention without charge. 4. Potential erosion of the 4th and 5th amendment rights against unreasonable search and seizure and self incrimination, and WHEREAS, we believe that eternal vigilance is the price of liberty. NOW, THEREFORE, BE IT RESOLVED, that our federal legislators in both the House and Senate amend the Patriot Act in light of the concerns expressed herein. VOTE: Passed 6-0. RESOLUTION NO. 500 Motion by Larison, Second by Bingell. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION Appropriations +$3,047.00 1430.100 Personal Services (Human Resources) -$2,900.00 3689.100 Personal Services (Emergency Mgt.) -$4,420.00 8740.400 Contractual (Lakes’ District) +$2,605.00 9010.801 Retirement +$ 338.00 9030.802 Social Security +$ 123.00 1910.419 Worker’s Compensation Revenues +$8,000.00 1620-3021 Court Facilities Aid (Bldgs. & Grounds) -$4,420.00 8740-1030 Special Assessments (Lakes’ District) VOTE: Passed 6-0. RESOLUTION NO. 501 Motion by Karius, Second by Bingell. RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two (2) resolutions be brought to the floor. VOTE: Passed 6-0. RESOLUTION NO. 502 Motion by Bingell, Second by Karius. RE: APPOINTMENT – SCHUYLER COUNTY PUBLIC DEFENDER WHEREAS, the Schuyler County Public Defender has tendered his retirement effective December 31, 2003, and WHEREAS, the position has been advertised, resumes received and reviewed by the Schuyler County Attorney, and PROCEEDINGS OF THE YEAR 2003 201 WHEREAS, the Schuyler County Attorney, after careful consideration of the qualifications of the candidates, recommends Attorney Connie Fern Miller for the appointment, and WHEREAS, Attorney Miller has agreed to accept the appointment utilizing her own private office space, and maintaining very limited private practice with the complete understanding that her public duties take absolute priority over any limited private practice matters. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoint Attorney Connie Fern Miller as Schuyler County Public Defender effective January 1, 2004 at an annual salary of $70,000. VOTE: Passed 6-0. RESOLUTION NO. 503 Motion by Bingell, Second by Karius. RE: AUTHORIZE TRANSFER OF FUNDS FROM COUNTY ROAD TO SNOW REMOVAL – HIGHWAY DEPARTMENT WHEREAS, there is excess money in the Asphalt account no. 5110.511 and, WHEREAS, there were several unanticipated snow runs due to the long snowy weather at the beginning of this year, and an early winter removal schedule that has drained the supply account for salt and sand. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer $6,000 from the asphalt account no. 5110.511 to the Snow Removal account no. 5142.438. VOTE: Passed 6-0. REPORT ON STANDING COMMITTEES: Legislator Young reported on the Community Development and Natural Resources Committee. She discussed the Municipal Electric and Gas Alliance (MEGA) and how she feels the Legislature needs to enroll the whole county into this program, with the exception of the Village of Watkins Glen because they can not beat the cost of their electric. The cooperation of MEGA has saved the town of Vestal $6,000 in six months and others like Broome County nearly $250,000. Rather than cut a check, they pool the power needs and ask for providers to submit bids. She also discussed deforestation and how it relates to mosquitoes. She feels a good environmental policy is good policy. She then handed out an article on water use. She sees some of the needs for the upcoming year, like exploring other taxes and look at possible converting County Route 16 and 23 state highways. She would also like to see tourism expanded, a wind farm on the old Irelandville dumpsite and for the whole county to be zoned. She would also like to see the Legislature explore the idea of a county code enforcement officer with at least two deputies for standardization purpose; and to possibly combine the Industrial Development Agency (IDA) and Schuyler County Partnership for Economic Development (SCOPED). She then welcomed Mr. Dennis Fagan to the Legislature. Legislator Bleiler reported on the Human Services Committee and the Management and Finance Committee. The Office for the Aging (OFA) recently hosted the Montour/Watkins Rotary radio day. They drew an awful lot of attention to the OFA and youth groups. He reported on some of their activities. While the OFA is a facility for senior citizens, this event helped show that it is a facility for groups of all ages and community minded activities. At the county’s budget hearing, there were questions asked that caused him to do some investigation. He has some figures to share tonight that he did not have then. To him, they lead to more questions than answers. He reviewed the history of the county’s fund balance. In 1990 there was a negative balance. It grew, leveled off in 1996 and then continued to grow. Today it is around $4,000,000. He feels it is a good healthy fund balance. The public needs to see where we have been and where we are today. Up until 1995 there was no equalization rate. Just today, they have managed to calculate the tax rates based on full value. The tax rate was high in 1992 at $14.00/$1,000 true value and then $10.30 in 1995. It dropped again when the sales tax was increased to 8%. It has been going back up the last couple of years. $10.50, which is the current rate, is too much in his opinion, but compared to history, he feels it is not bad. Legislator Larison congratulated Legislator Young on her years of service. He complimented Legislator Bleiler on his presentation of the 2004 tentative budget, it was the best he has ever seen. It certainly should not have left questions unanswered. He also thanked Attorney Coleman again for his help with the Public Defender’s Office. He feels they have the best attorney for the job. He feels it is important to know they have the greatest fire coordinator, Bill Kennedy. Bill is responding to the needs of the community and searching for 202 SCHUYLER COUNTY LEGISLATURE grants. His Deputy, Rick Churches, is also doing a great job. He is proud of the department heads and how they administer their budgets. Legislator Bingell reported on the Public Works Committee. The Highway Department was awarded $200,000 in grant funds for a road safety program. This is an in-kind grant for 3M Scotchlite Diamond Grade Flourescent VIP Reflective Sheeting. It is used for signage to alert drivers of possible high traffic and /or hazardous areas. She also reported that the Highway Department is currently assisting the Town of Cayuta in removing gravel deposits and debris from Jackson Creek. She urged everyone to please use caution as winter weather approaches. NEW BUSINESS: Legislator Bleiler asked for an Executive Session to discuss employee work history. MOTION by Legislator Bingell, SECOND by Legislator Karius to go into executive session to discuss work history of a particular employee. Motion carried six ayes to zero noes. MOTION by Legislator Young, to come out of executive session, SECOND by Legislator Bingell. Motion carried six ayes to zero noes. PUBLIC PARTICIPATION: None. The Meeting adjourned at 8:10 P.M. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk
SPECIAL MEETING DECEMBER 11, 2003
The December 11, 2003 Special Meeting of the Schuyler County Legislature was called to order at 4:04 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present except Legislator Slusser who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. Legislator Bleiler asked to make a presentation on, among other things, the history of the county’s full value tax rate and our comparison with other counties. His history went back as far as 1995 and how the last three years have been climbing. The only place it dipped below $10/$1,000 was after the county initiated the sales tax increase. He distributed a handout that compares Schuyler County to other counties, which was prepared by Tompkins County. Most every county is $6-8/$1,000. Hamilton County is more our size and their tax rate is $2.35/$1,000. He distributed another handout relative to unappropriated fund balance. In 1990 the county was in debt and had to borrow. The fund balance improved up until the year 1997, and then it has gone from $2,700,000 up to almost $5,000,000 in 2001. The Treasurer predicts the 2003 fund balance will be at least four million. After the Public Hearing on the 2004 Tentative Budget, he thought about the concerns that were expressed and feels the budget should have been presented with more totals and more accurate figures. He feels Schuyler County should restructure its budget documents. RESOLUTION NO. 504 Motion by Larison, Second by Bingell. RE: RATIFICATION OF SPECIAL MEETING 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. Authorization Transfer of Funds for Overtime – Highway Department 2. Alteration of Tentative Budget Pursuant to County Law Section 358 – Mental Health 3. Alteration of Tentative Budget Pursuant to County Law Section 358 – Public Defender 4. Authorize Agreement for Operational Expenses – Public Defender’s Office 5. Authorize Creation and Filling of a Confidential Secretary to the Public Defender Position 6. Adoption of the 2004 Budget. VOTE: 7-0. PROCEEDINGS OF THE YEAR 2003 203 RESOLUTION NO. 505 Motion by Bingell, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS FOR OVERTIME – HIGHWAY DEPARTMENT WHEREAS, there were several unanticipated snow runs due to the long snowy weather at the beginning of this year, and the snow storm this past weekend that has drained the Personal Overtime accounts for Snow and Machinery, and WHEREAS, there is excess money in the Asphalt account no. 5110.511 to cover said expenses. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer $17,000.00 from the Asphalt account no. 5110.511 to the Snow Removal Overtime account no. 5142.101 and $3,000.00 from the Machinery Diesel/Gas account no. 5130.526 to Machinery Overtime account no. 5130.101. VOTE: Passed 7-0. RESOLUTION NO. 506 Motion by Bingell, Second by Yuhasz. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – MENTAL HEALTH BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$48,927 4310-1620 Mental Health Fees -$48,927 4310-3490 State Aid Mental Health VOTE: Passed 7-0. RESOLUTION NO. 507 Motion by Larison, Second by Bingell. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – PUBLIC DEFENDER - FAILED BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$24,000 1170.100 Personal Services -$15,000 1170.200 Equipment +$24,000 1170.401 Contractual-Misc. -$ 1,500 1170.407 Books and Subscriptions -$ 1,100 1170.409 Conference Expense -$ 700 1170.433 Postage and Freight -$30,000 1170.437 Secretarial Services -$ 750 1170.439 Telephone +$15,922 Various Fringe Benefit Accounts -$14,872 1990.500 Contingency Account VOTE: Failed 4-3. Noes: Bleiler, Karius, Gifford. RESOLUTION NO. 508 Motion by Bingell, Second by Larison. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – PUBLIC DEFENDER - FAILED BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$24,000 1170.100 Personal Services -$15,000 1170.200 Equipment +$24,000 1170.401 Contractual-Misc. -$ 1,500 1170.407 Books and Subscriptions -$ 1,100 1170.409 Conference Expense -$ 700 1170.433 Postage and Freight -$30,000 1170.437 Secretarial Services -$ 750 1170.439 Telephone +$15,922 Various Fringe Benefit Accounts +$14,872 1010-1110 State Adm. Sales and Use Tax VOTE: Failed 4-3. Noes: Bleiler, Karius, Gifford. 204 SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 509 Motion by Young, Second by Larison. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – PUBLIC DEFENDER BE IT RESOLVED, that the Tentative Budget for 2004 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$24,000 1170.100 Personal Services -$15,000 1170.200 Equipment +$24,000 1170.401 Contractual-Misc. -$ 1,500 1170.407 Books and Subscriptions -$ 1,100 1170.409 Conference Expense -$ 700 1170.433 Postage and Freight -$30,000 1170.437 Secretarial Services -$ 750 1170.439 Telephone +$15,922 Various Fringe Benefit Accounts -$7,436 1990.500 Contingency Account +$7,436 1010-1110 State Adm. Sales and Use Tax DISCUSSION: Legislator Bleiler noted that the 2004 budget will raise the Public Safety Budget Group more than $100,000 for three offices. He asked if they could possibly find the $14,000 from somewhere else other than contingency. Legislator Larison agreed with Legislator Bleiler, however, this is the eleventh hour and this should have been dealt with back in November. Attorney Miller has explained why she needed this adjustment. Attorney Coleman said, for the record, this matter under discussion is necessarily late in the game. In order to find an individual, he could not give final details. That could not happen until a candidate was appointed and that was Monday night. Chairman Gifford feels this can be done within the current budgeted funds. Legislator Young suggested a compromise, to take $8,000 from Contingency and $8,000 from Sales Tax. There was debate on whether or not secretarial assistance should be in the form of an employee or contractual. This debate was compared to the County Attorney and District Attorney offices that both have employees performing that function. Legislator Bleiler said taking from contingency rather than sales tax revenue is no difference to him, it is still a cost. He is changing his vote, he does not want to see this deadlock go on any longer, but he still feels there is room to cut that group. VOTE: Passed 5-2. Noes: Karius, Gifford. RESOLUTION NO. 510 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT FOR OPERATIONAL EXPENSES – PUBLIC DEFENDER’S OFFICE WHEREAS, Connie Fern Miller, the 2004 newly appointed Public Defender will be providing services to the County from her private law office, and WHEREAS, the tentative 2004 Public Defender’s budget includes an approved line item to compensate for the use of such facilities in account no. 1170.401-Contractual-Misc., in the amount of $24,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an agreement with Attorney Connie Fern Miller for operational expenses in the amount of $24,000, to be paid in equal monthly installments of $2,000 for the term January 1, 2004 through December 31, 2004; subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-1. No: Karius. RESOLUTION NO. 511 Motion by Larison, Second by Bingell. RE: AUTHORIZE CREATION AND FILLING OF A CONFIDENTIAL SECRETARY TO THE PUBLIC DEFENDER POSITION WHEREAS, the 2004 newly appointed Public Defender wishes to create and fill the position of Confidential Secretary to the Public Defender, effective January 1, 2004, and WHEREAS, there are funds in the tentative 2004 budget account no. 1170.100-Personal Services to pay for said position. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the creation of Confidential Secretary to the Public Defender position and hereby authorizes the incoming Public PROCEEDINGS OF THE YEAR 2003 205 Defender to fill said position at 35 hours per week, in Grade Level B of the Management/Confidential Salary Plan in a salary range of $23,340 (minimum) - $29,482 (mid-range), effective January 1, 2004. VOTE: Passed 6-1. No: Karius. RESOLUTION NO. 512 Motion by Larison, Second by Bingell. RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2004 WHEREAS, a notice was published in the official newspaper of the County of Schuyler that a Public Hearing on the Tentative Budget of the County of Schuyler for 2004 would be held at 6:30 P.M. on December 4, 2003, in the upstairs Main Court Room of the Court House, Watkins Glen, NY, and WHEREAS, the above-mentioned Public Hearing was held on December 4, 2003 at said time and place. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2004 as presented by the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the Schuyler County Legislature, to raise $7,776,960.00 by tax levy, be adopted. VOTE: Passed 6-1. No: Karius. RESOLUTION NO. 513 Motion by Larison, Second by Bingell. RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2004" WHEREAS, the Schuyler County Legislature by Resolution No. 507, dated December 11, 2003, has adopted a budget for fiscal year 2004. NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the column entitled "2004" as amended, be, and the same hereby are, appropriated for the objects and purposes specified, effective January 1, 2004. VOTE: Passed 6-1. No: Karius. RESOLUTION NO. 514 Motion by Larison, Second by Bingell. RE: 2004 BUDGET OF $30,572,154.00: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN BE IT RESOLVED, pursuant to the Real Property Tax Law Section 900, as amended by Chapter 828 of the Laws of 1985, that this Legislature by December 31, 2003, levy the taxes for the County upon the basis of the full valuation of the taxable real property in accordance with Title 2, Article 8, the contribution of each Town to County taxes, and BE IT FURTHER RESOLVED, that the Chairman issue not later than December 31, 2003 the required certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler County. VOTE: Passed 6-1. No: Karius. PUBLIC PARTICIPATION: None. The Meeting adjourned at 4:49 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk 206 SCHUYLER COUNTY LEGISLATURE SUMMARY OF BUDGET - 2004
ALL FUNDS TOTAL APPROPRIATIONS OF ALL FUNDS (EXCLUDING INTERFUND TRANSFERS) $28,253,002
INTERFUND TRANSFERS $2,319,152
TOTAL APPROPRIATIONS $30,572,154
LESS:
ESTIMATED REVENUES (EXCLUDING INTERFUND REVENUES) $19,576,042
INTERFUND TRANSFERS $2,319,152
APPROPRIATED CASH SURPLUS TO REDUCE TAX LEVY $900,000
TOTAL ESTIMATED REVENUES & APPROPRIATED CASH SURPLUS $22,795,194 ALL FUNDS
GENERAL FUND $900,000
REAL ESTATE LEVY REVENUE $7,776,960
SPECIAL MEETING DECEMBER 16, 2003
The December 16, 2003 Special Meeting of the Schuyler County Legislature was called to order at 6:00 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present. Assistant County Attorney Morris was also present. PUBLIC PARTICIPATION: None. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. OF THE YEAR 2003 ESTABLISHING A SCHUYLER COUNTY MOTOR VEHICLE USE TAX: No public participation. RESOLUTION NO. 515 Motion by Bingell, Second by Larison. 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. Local Law Intro. No. 6/Local Law No. 5 of the Year 2003 Establishing a Schuyler County Motor Vehicle Use Tax. 2. Resolution in Support of a Schuyler County Citizen Corps Council and Authorize Schuyler County to be the Lead Agent in Applying for a Grant 3. Authorize 2003 Budget Modifications and Transfer of Funds – Office for the Aging VOTE: Passed 8-0. RESOLUTION NO. 516 Motion by Bingell, Second by Yuhasz. PROCEEDINGS OF THE YEAR 2003 207 RE: LOCAL LAW INTRO. NO. 6./LOCAL LAW NO. 5 OF THE YEAR 2003 ESTABLISHING A SCHUYLER COUNTY MOTOR VEHICLE USE TAX WHEREAS, a proposed Local Law Establishing a Schuyler County Motor Vehicle Use Tax was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held December 16, 2003 at 6:00 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 6/Local Law No. 5 of the Year 2003, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 6/Local Law No. 5 of the Year 2003, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 5 OF THE YEAR 2003 SECTION 1: DEFINITIONS (b) When used in this local law, the following terms shall have the following meanings: Buses. The term “buses” shall have the same meaning as defined in Section 104 of the NYS Vehicle and Traffic Law, as amended. Commissioner. Commissioner of Motor Vehicles of the State of New York or his or her successor in office. County. Defined as the County of Schuyler. County Attorney. County Attorney for Schuyler County or his or her successor in office. County Clerk. County Clerk of Schuyler County or his or her successor in office. County Treasurer. County Treasurer for Schuyler County or his or her successor in office. Passenger motor vehicle. Any motor vehicle subject to the registration fee as provided for in Section 401, Subdivision 6 of the Vehicle and Traffic Law. Sheriff. The Sheriff of Schuyler County or his or her successor in office. Truck. The term truck shall have the same meaning as defined in Section 158 of the Vehicle and Traffic Law, as amended. Any other term herein shall be defined by reference to the NYS Tax Law or NYS Vehicle & Traffic Law, as amended. SECTION 2: IMPOSITION OF TAX A motor vehicle use tax pursuant to Sections 1202(a) and 1201(e) of the NYS Tax Law is hereby imposed in the following manner: (3) A tax of $5.00 per annum for the use of passenger motor vehicles of a type commonly used for noncommercial purposes owned by residents of the County for each such vehicle weighing 3,500 pounds or less and a tax of $10.00 per annum for such vehicles in excess of 3,500 pounds; (4) A tax of $10.00 per annum for the use of trucks, buses and other such commercial vehicles used principally in connection with a business carried on within the County. SECTION 3: EXEMPTIONS The tax imposed by this local law shall not be imposed upon any vehicle exempt from the registration fee pursuant to the NYS Vehicle and Traffic Law; nor shall this tax be imposed on any vehicle with farm plates and agriculture plates (AGR). Any claimed exemption must be supported by a valid exemption certificate (UT- 11C). SECTION 4: PAYMENT OF TAX AND EVIDENCE OF TAX PAYMENT (c) Every owner of a motor vehicle subject to tax hereunder shall pay the tax thereon to the Commissioner on or before the date upon which he or she registers or renews his or her registration thereof or is required to register or renew his or her registration thereof pursuant to Section 401 of the NYS Vehicle and Traffic Law. (d) Notwithstanding the provisions of Section 400 of the NYS Vehicle and Traffic Law to the contrary, the payment of such tax shall be a condition precedent to the registration or renewal thereof of such motor vehicle and to the issuance of any certificate of registration and plates or removable tag specified in 208 SCHUYLER COUNTY LEGISLATURE Subdivision 3 of Section 401 and Sections 403 and 404 of the NYS Vehicle and Traffic Law, and no such certificate of registration, plates or tag shall be issued unless such tax has been paid. The Commissioner shall not issue a registration certificate for any motor vehicle for which the registrant’s address is within the County except upon proof in a form approved by the Commissioner that such tax has been paid or is not due, with respect to such motor vehicle. The Commissioner, upon the application of any person exempt therefrom, shall furnish to each taxpayer paying the tax a receipt for such tax and to each such taxpayer or exempt person a statement, document or other form approved by the Commissioner, pursuant to the last sentence, showing that such tax has been paid or is not due, with respect to such motor vehicle. SECTION 5: RETURNS (e) At the time the payment of the tax imposed by this local law becomes due, every person subject to tax hereunder shall file a return with the Commissioner in such form and containing such information as may be prescribed by such Commissioner. The taxpayer’s application for registration or the renewal of registration shall constitute the return required under this local law, unless the Commissioner, by regulation, shall otherwise provide. (f) Returns shall be preserved for three years and thereafter until the Commissioner permits them to be destroyed. (g) The Commissioner may require amended returns or certificates of facts to be filed within 20 days after notice and to contain the information specified in the notice. Any such certificate shall be deemed to be part of the return required to be filed. (h) If a return required by this local law is not filed or if a return when filed is incorrect or insufficient on its face, the Commissioner or the County Treasurer, if designated as his or her agent, shall take the necessary steps to enforce the filing of such a return or of a corrected return. SECTION 6: DETERMINATION OF TAX If a return required by this local law is not filed or if a return when filed is incorrect or insufficient or if a tax or any part thereof due hereunder be not paid when required, the amount of tax due shall be determined by the Commissioner or by the County Treasurer, if designated as his or her agent, from such information as may be obtainable, including motor vehicle registration with the NYS Department of Motor Vehicles and/or other factors. Notice of such determination shall be given to the person liable for the tax. Such determination shall finally and irrevocably fix the tax unless the person against whom it is assessed, within 30 days after the giving of notice of such determination, shall apply to the Commissioner or to the County Treasurer, if designated as his or her agent, for a hearing or unless such commissioner or agent, as the case may be, of his or her own motions shall re-determine the same. After such hearing, the Commissioner, if he or she holds the hearing, or the County Treasurer, if the County Treasurer holds the hearing, shall give notice of the determination of such application to the person against whom the tax is assessed. Such determination shall be reviewable for error, illegality or unconstitutionality or any other reason whatsoever by a proceeding under Article 78 of the Civil Practice Law and Rules if application therefor is made to the Supreme Court within four months after the giving of the notice of such determination. A proceeding under Article 78 of the Civil Practice Law and Rules shall not be instituted unless the amount of any tax sought to be reviewed, with penalties and interest thereon, if any, shall be first deposited with the Commissioner and there shall be filed with the Commissioner an undertaking, issued by a surety company authorized to transact business in this state and approved by the Superintendent of Insurance of this state as to solvency and responsibility in such amount as a Justice of the Supreme Court shall approve, to the effect that if such proceeding be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of the proceeding: or at the option of the applicant such undertaking filed with the Commissioner may be in a sum sufficient to cover the taxes, penalties and interest thereon stated in such determination, plus the costs and charges which may accrue against it in the prosecution of the proceeding in which event the applicant shall not be required to deposit such taxes, penalties and interest as a condition precedent to the application. PROCEEDINGS OF THE YEAR 2003 209 SECTION 7: REFUND OF CERTAIN UNUSED REGISTRATIONS Whenever any fee or portion of a fee paid for the registration of a motor vehicle under the provisions of the NYS Vehicle and Traffic Law is refunded pursuant to the provisions of Subdivision 1 of Section 428 thereof, the amount of any tax paid pursuant to this local law upon such registration shall also be refunded by the Commissioner. SECTION 8: REFUNDS (d) In the manner provided in this section, the Commissioner shall refund or credit, without interest, any tax, penalty or interest erroneously, illegally or unconstitutionally collected or paid if application for such refund shall be made within one year from the payment thereof to the Commissioner or to the County Treasurer, if designated as his or her agent. Whenever a refund is made, the reasons therefor shall be stated, in writing, by the Commissioner or by the County Treasurer, as the case may be, who, in lieu of any refund, may allow credit therefor on payments due from the applicant. (e) An application for a refund or credit made as herein provided shall be deemed an application for a revision of any tax, penalty or interest complained of and the Commissioner or the County Treasurer, if designated as his or her agent, shall hold a hearing and receive evidence with respect thereto. After such hearing, the Commissioner, if he or she holds the hearing, or the County Treasurer, if the County Treasurer holds the hearing, shall give notice of the determination of such application to the applicant who shall be entitled to review such determination by a proceeding pursuant to Article 78 of the Civil Practice Law and Rules, provided that such proceeding is instituted within four months after the giving of notice in such determination, and provided that a final determination of tax due was not previously made. Such a proceeding shall not be instituted unless an undertaking is filed with the Commissioner in such amount and with such sureties as a Justice of the Supreme Court shall approve, to the effect that if such proceeding be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding. (f) A person shall not be entitled to a revision, refund or credit under this section of a tax, interest or penalty which has been determined to be due pursuant to the provisions of Section 6 of this local law where he or she had a hearing or an opportunity for a hearing, as provided in said section, or has failed to avail himself or herself of the remedies therein provided. No refund or credit shall be made of a tax, interest or penalty paid after a determination made pursuant to Section 6 of this local law, unless it be found that such determination was erroneous, illegal or unconstitutional or otherwise improper after a hearing or, on his or her own motion, by the Commissioner or by the County Treasurer, as the case may be, or in a proceeding under Article 78 of the Civil Practice Law and Rules, pursuant to the provisions of said section, in which event refund or credit without interest shall be made of the tax, interest or penalty found to have been overpaid. SECTION 9: RESERVES In cases where a taxpayer has applied for a refund and has instituted a proceeding under Article 78 of the Civil Practice Law and Rules to review a determination adverse to such taxpayer on his or her application for refund, the County Treasurer shall set up appropriate reserves to meet any decision adverse to the County. SECTION 10: REMEDIES EXCLUSIVE The remedies provided by Sections 6 and 8 of this local law shall be exclusive remedies available to any person for the review of tax liability imposed by this local law, and no determination or proposed determination of tax or determination on any application for refund shall be enjoined or reviewed by an action for declaratory judgment, an action for money had and received or by any action or proceeding other than a proceeding in the nature of a certiorari proceeding under Article 78 of the Civil Practice Law and Rules; provided, however, that a taxpayer may proceed by declaratory judgment if he or she institutes suit within 30 days after a deficiency assessment is made and pays the amount of the deficiency assessment to the Commissioner prior to the institution of such suit and posts a bond for costs as provided in Section 6 of this local law. SECTION 11: PROCEEDING TO RECOVER TAX (c) Whenever any person shall fail to pay any tax, penalty or interest imposed by this local law as herein provided, the County Attorney, upon the request of the Commissioner or of the County Treasurer, if 210 SCHUYLER COUNTY LEGISLATURE designated as his or her agent, may bring or cause to be brought an action in accordance with the Laws of the County to enforce the payment of the same on behalf of the County in any court of the State of New York or of any other state of the United States. However, if in his or her discretion, the Commissioner or the County Treasurer, if designated as his or her agent, believes that any such person subject to the provisions of this local law is about to cease business, leave the state or remove or dissipate the assets out of which the tax or penalty might be satisfied and that any such tax or penalty will not be paid when due, he or she may declare such tax or penalty to be immediately due and payable and may issue a warrant immediately. (d) As an additional or alternate remedy, the Commissioner or the County Treasurer, if designated as his or her agent, may issue a warrant, directed to the Sheriff commanding him or her to levy upon and sell the real and personal property of the person liable for the tax which may be found within the County for the payment of the amount thereof, with any penalty and interest, and the cost of executing the warrant, and to return such warrant to the person who issued it and to pay to him or her the money collected by virtue thereof within 60 days after the receipt of such warrant. The Sheriff shall within five days after the receipt of the warrant, file with the County Clerk a copy thereof, and thereupon such clerk shall enter in the judgment docket the name of the person mentioned in the warrant and the amount of the tax, penalty and interest for which the warrant is issued and the date when such copy is filed. Thereupon, the amount of such warrant so docketed shall become a lien upon the title to and the interest in real and personal property of the person against whom the warrant is issued. The Sheriff shall then proceed upon the warrant in the same manner, and with like effect as that provided by law in respect to executions issued against property upon judgments of a court of record, and for services in executing the warrant, such Sheriff shall be entitled to no fee or compensation in excess of the actual expenses paid in the performance of such duty. If a warrant is returned not satisfied in full, the Commissioner or the County Treasurer, as the case may be, may from time to time issue new warrants and shall also have the same remedies to enforce the amount due thereunder as if he or she had recovered judgment therefor and execution thereon had been returned unsatisfied. SECTION 12: GENERAL POWERS OF THE COMMISSIONER In addition to the powers granted to the Commissioner in this local law, he or she is hereby authorized and empowered: (8) To make, adopt and amend rules and regulations appropriate to the carrying out of this local law; (9) For cause shown, to remit penalties, and to compromise disputed claims in connection with the taxes hereby imposed; (10) To request information concerning motor vehicles and persons subject to the provisions of this local law from the Department of Motor Vehicles of any other state or the Treasury Department of the United States or any city or county of the State of New York, and to afford such information to such other state, Treasury Department, city or county any provision of this local law to the contrary notwithstanding; (11) To delegate his or her functions hereunder to a deputy commissioner in the Department of Motor Vehicles or any employee or employees of his or her department; (12) To prescribe methods for determining the tax, to keep such records as he or she may prescribe, and to furnish such information upon his or her request; (13) To require all persons owning motor vehicles subject to tax to keep such records as he or she may prescribe and to furnish such information upon his or her request; (14) To request the Sheriff to assist in the enforcement of this local law. SECTION 13: ADMINISTRATION OF OATHS AND COMPELLING TESTIMONY (d) The Commissioner or his or her employees or agents duly designated and authorized by such commissioner shall have power to administer oaths and take affidavits in relation to any matter or proceeding in the exercise of the powers and duties under this local law. The Commissioner or the County Treasurer, if designated as his or her agent, shall have the power to subpoena and require the attendance of witnesses and the production of books, papers and documents to secure information PROCEEDINGS OF THE YEAR 2003 211 pertinent to the performance of his or her duties hereunder and of the enforcement of this local law and to examine them in relation thereto and to issue commissions for the examination of witnesses who are out of the state or unable to attend before him or her or excused from attendance. (e) A Justice of the Supreme Court, either in court or at chambers, shall have power summarily to enforce by proper proceedings the attendance and testimony of witnesses and production and examination of books, papers and documents called for by the subpoena of the Commissioner or the County Treasurer, if designated as his or her agent under this local law. (f) The officers who serve the summons or subpoena of the Commissioner or the County Treasurer, if designated as his or her agent, and witnesses attending in response thereto shall be entitled to the same fees as are allowed to officers and witnesses in civil cases in courts of record, except as herein otherwise provided. Such officers shall be the County Treasurer and his or her duly appointed deputies or any officers or employees of the NYS Department of Motor Vehicles designated by the Commissioner to serve such process or any officers or employees of the Treasurer’s Office of the County designated by the County Treasurer to serve such process. SECTION 14: PENALTIES AND INTEREST (c) Any person failing to file a return or to pay any tax or any portion thereof within the time required by this local law shall be subject to a penalty of five times the amount of the tax due, plus interest of five percent of such tax for each month of delay or fraction thereof, but the Commissioner or the County Treasurer, if designated as his or her agent, if satisfied that the delay is excusable, may remit all or any part of such penalty, but not interest at the rate of six percent per year. Penalties and interest shall be paid and disposed of in the same manner as other revenues under this local law. Unpaid penalties and interest may be enforced in the same manner as the tax imposed by this local law. (d) The certificate of the Commissioner or of the County Treasurer, if designated as his or her agent, to the effect that a tax has not been paid or that a return required by this local law has not been filed or that information has not been supplied pursuant to the provisions of this local law shall be presumptive evidence thereof. SECTION 15: RETURNS TO BE SECRET Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for the Commissioner, any officer or employee of the NYS Department of Motor Vehicles, the County Treasurer, any officer or employee of the Treasurer’s Office, any agent of the Commissioner or any person who, pursuant to this section, is permitted to inspect any return or to whom a copy, an abstract or portion of any return is furnished or to who any information contained in any return is furnished, to divulge or make known in any manner any information contained in or relating to any return provided for by this chapter. The officers charged with the custody of such returns shall not be required to produce any of them or evidence of anything contained in them in any action or proceeding in the court, except on behalf of the Commissioner or the County Treasurer in an action or proceeding under the provisions of this local law or on behalf of any party to an action or proceeding under the provisions of this local law when the returns or facts shown thereby are directly involved in such action or proceeding, in either of which events the court may require the production of and may admit in evidence so much of said returns or of the facts shown thereby as are pertinent to the action or proceeding and no more. The Commissioner or the County Treasurer, if designated as his or her agent, may, nevertheless, publish a copy or a summary of any determination or decision rendered after a formal hearing held pursuant to Sections 6 or 8 of this local law. Nothing herein shall be construed to prohibit the delivery to a person or his or her duly authorized representative of a certified copy of any return filed by him or her pursuant to this chapter or of the receipt, document or other form issued pursuant to Section 4 of this local law or a duplicate copy thereof nor to prohibit the delivery of such certified copy of such return or any information contained in or relating thereto to the United State of America or any department thereof, the State of New York or any department thereof or the County or any department thereof, provided that the same is required for official business, nor to prohibit the inspection for official business of such returns by other legal representatives of the County or by the District Attorney, nor to exhibit the publication of statistics so classified as to prevent the identification of particular returns or items thereof. 212 SCHUYLER COUNTY LEGISLATURE SECTION 16: NOTICES AND LIMITATIONS OF TIME (f) Any notice authorized or required under the provisions of this local law may be given by mailing the same to the person for whom it is intended in a postpaid envelope addressed to such person at the address given in the last return filed by him or her pursuant to the provisions of this local law, or in any application for registration made by him or her pursuant to Section 401 of the NYS Vehicle and Traffic Law or, if no return has been filed or application made, then to such address as may be obtainable. The mailing of such notice shall be presumptive evidence of the receipt of the same by the person to whom addressed. Any period of time, which is determined according to the provisions of this local law by the giving of notice, shall commence to run from the date of mailing of such notice. (g) The provisions of the Civil Practice Law and Rules or any other law relative to limitations of time for the enforcement of the civil remedy shall not apply to any proceeding or action taken by the Commissioner or the County Treasurer, if designated as his or her agent, to levy, appraise, assess, determine or enforce the collection of any tax or penalty provided by this local law. However, except in the case of a willfully false or fraudulent return with intent to evade the tax, no assessment of additional tax shall be made after the expiration of more than three years from the date of the filing of a return; provided, however, that where no return has been filed as provided by law, the tax may be assessed at any time. (h) Where, before the expiration of the period prescribed herein for the assessment of an additional tax, a taxpayer has consented, in writing, that such period be extended, the amount of such additional tax may be determined at any time within such extended period. The period so extended may be further extended by subsequent consents, in writing, made before the expiration of the extended period. (i) If any return, claim, statement, notice, application or other document required to be filed or any payment required to be made within a prescribed period or on or before a prescribed date under authority of any provision of this title is, after such period or such date, delivered by United States Mail to the Commissioner, County Treasurer, bureau, office, officer or person with which or with whom such document is required to be made, the date of the United States postmark stamped on the envelope shall be deemed to be the date of delivery. This subsection shall apply only if the postmark date falls within the prescribed period or on or before the prescribed date for the filing of such document or for making the payment, including any extension granted for such filing or payment, and only if such document or payment was deposited in the mail, postage prepaid, properly addressed to the Commissioner, County Treasurer, bureau, office, officer or person with which or with whom such payment is required to be made. If any document is sent by United States registered mail, such registration shall be prima facie evidence that such document was delivered to the Commissioner, County Treasurer, bureau, office, officer, or person to which or to whom addressed, and the date of registration shall be deemed the postmark date. The Commissioner is authorized to provide by regulation the extent to which the provisions of the preceding sentence with respect to prima facie evidence of delivery and the postmark date shall apply to certified mail. This subsection shall apply in the case of postmarks not made by the United States Postal Service only if and to the extent provided by regulation of the Commissioner. For the purposes of this subsection, an armed forces postal service postmark shall be regarded as equivalent to a United States Postal Service postmark. (j) When the last day prescribed under authority of this title (including any extension of time) for performing any act falls on a Saturday, Sunday or legal holiday in the State of New York, the performance of such act shall be considered timely if it is performed on the next succeeding day which is not a Saturday, Sunday or legal holiday. SECTION 17: COUNTY TREASURER AS AGENT The Commissioner is hereby authorized to designate the County Treasurer as his or her agent to exercise any of all of his or her functions and powers specified or provided for in subsection (d) of Section 5 and in Sections 6,8,11,13,14 and 16 of this local law. Where the County Treasurer has been so designated as Agent, the County Treasurer, in addition to the powers elsewhere granted to him or her in this local law, is hereby authorized and empowered: PROCEEDINGS OF THE YEAR 2003 213 (5) To delegate such functions and powers to any employee or employees of the County Treasurer’s Office; (6) For cause shown, to remit penalties and to compromise disputed claims in connection with the taxes hereby imposed; (7) To request information concerning motor vehicles and persons subject to the provisions of this local law from the Department of Transportation of the United States or any city or county of the State of New York, and to afford such information to such other state, treasury department, city or county any provision of this local law to the contrary notwithstanding; (8) To request the Sheriff’s Department of the County to assist in the enforcement of the provisions of this law. SECTION 18: AGREEMENT BETWEEN COUNTY TREASURER AND COMMISSIONER The County Treasurer is hereby authorized and empowered to enter into an agreement with the Commissioner to govern the administration and collection of the taxes imposed by this local law, which agreement shall provide for the exclusive method of collection of such taxes, custody and remittal of the proceeds of such tax; for the payment by the County of the reasonable expenses incurred by the NYS Department of Motor Vehicles in collecting and administering such tax; and for the audit, upon request of the County Treasurer or his or her delegate, of the accuracy of the payment distributions and remittances to the County Treasurer pursuant to the provisions of this local law, to be conducted at a time agreed upon by the NYS State Comptroller and to be allowed not more frequently than once in each calendar year. Such agreement shall have the force and effect of a rule or regulation of the Commissioner and shall be filed and published in accordance with any statutory requirements relating thereto. SECTION 19: NOTIFICATION TO COUNTY ATTORNEY The Commissioner shall promptly notify the County Attorney of any litigation instituted against him or her which challenges the constitutionality or validity of any provision of this local law or which attempts to limit or question the applicability of such law, and such notification shall include a copy of the papers served upon him or her. SECTION 20: DISPOSITION OF REVENUES All revenues resulting from the imposition of the tax under this local law shall be paid into the treasury of the County and shall be credited to and deposited in the general fund of the County. SECTION 21: SEVERABILITY If any provision of this local law or the application thereof to any person or circumstances is held invalid, the remainder of this local law and the application of such provisions to other persons and circumstances shall not be affected thereby. SECTION 22: EFFECTIVE DATE This local law shall become effective upon its filing with the NYS Department of State. DISCUSSION: Legislator Larison said he is opposed to adding more fees to the taxpayers and will not support this resolution. Legislator Karius said she received a couple of calls from constituents on this issue. This tax can be a hardship with families with two cars, which is in most cases. She wondered what the difference was between this and paying a couple more dollars for land tax. Legislator Slusser pointed out that there are more vehicle owners than property owners. Legislator Yuhasz asked how much revenue they thought this would generate. Chairman Gifford said about $70,000 annually. Legislator Larison feels they would be taxing people twice, for land and vehicles. Legislator Slusser said no one is denying it is a tax and it is coming from the same people, he does not understand the argument. Legislator Karius asked if the revenue is already in the budget for 2004? Chairman Gifford said yes. Legislator Bleiler said it is the same amount of revenue whether we take it from property or cars. Our property tax is way out of line with most other counties. We are not out of line by raising this tax, most counties are charging more already. Legislator Bingell said $5 on a vehicle is about or less than a tank of gas. If one can afford a car, one can afford to pay this. If one owns more than one car, one can obviously afford this. Legislator Karius feels with the increase coming from sales tax, from Walmart and an increase in assessed value, the Legislature should not do this. There has to be other ways. Legislator Larison feels they need to look at everything they spend and if they are satisfied with the budget, then ask the taxpayers for the money. Legislator Bleiler said this county is mostly agriculture and those businesses get hit 214 SCHUYLER COUNTY LEGISLATURE hard with property taxes. Every legislator had ample opportunity to take items out of the budget. Legislator Bingell feels this tax will hurt the fewest people the least in comparison to other taxes. VOTE: Passed 6-2. Noes: Larison, Karius. RESOLUTION NO. 517 Motion by Bingell, Second by Bleiler. RE: RESOLUTION IN SUPPORT OF A SCHUYLER COUNTY CITIZEN CORPS COUNCIL AND AUTHORIZE SCHUYLER COUNTY TO BE THE LEAD AGENT IN APPLYING FOR A GRANT WHEREAS, in response to events of September 11, 2001, President George W. Bush encourages every community to create a Citizen Corps Council, and WHEREAS, the mission of Citizen Corps is to harness the power of every individual through education, training, and volunteer service to make communities safer, stronger, and better prepared to respond to the threats of terrorism, crime, public health issues, and disasters of all kinds, and WHEREAS, the Citizen Corps mission will be accomplished through a national network of state, local, and tribal Citizen Corps Councils. These Councils will build on community strengths to implement the Citizen Corps programs and will carry out a local strategy to have every American participate, and WHEREAS, the Schuyler County Citizen Corps Council will promote and strengthen the Citizen Corps programs at the community level, such as Volunteers in Police Service programs, CERT teams, Medical Reserve Corps units, and Neighborhood Watch groups; provide opportunities for special skills and interests; develop targeted outreach for the community, including special needs groups; provide opportunities of training in first aid and emergency preparedness; organize special projects and community events; encourage cooperation and collaboration among community leaders; capture smart practices and report accomplishments; and create opportunities for all residents to participate, and WHEREAS, official registration of the Schuyler County Citizen Corps Council requires documented support by local government officials, and WHEREAS, a grant opportunity is currently available through the federal Department of Homeland Security for the development and implementation of local Citizen Corps services; for which a municipality must serve as the applicant, and WHEREAS, representatives from Schuyler County Public Health, Schuyler County Emergency Management Office, American Red Cross serving Schuyler County and the Schuyler County Retired & Senior Volunteer Program (RSVP) have agreed to develop and write the application for said grant opportunity. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports the creation and development of the Schuyler County Citizen Corps Council, and authorizes submission of a letter describing such support to Andrea Haradon, Interim Chair, Schuyler County Citizen Corps Council, c/o Schuyler/Yates RSVP, 208 Broadway, Montour Falls, New York, 14865, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature will serve as applicant for the Fiscal Year 2004 “Citizen Corps Grant Program”, with no local match required, available though the Department of Homeland Security - Office of Domestic Preparedness Grants for State and Local Homeland Security Activities, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the grant application mentioned above; subject to the approval of the Schuyler County Attorney. DISCUSSION: The Clerk of the Legislature made it known that this is just to authorize the application and be the lead agency. If this is approved, it would need a subsequent resolution authorizing the contract. Beth Lisk stated that this is a two-year grant. They are not looking for a staff member, but a contract person paid for by the grant. Legislator Young asked who would administer the grant. The Clerk responded the grant administrator will be the Emergency Management Coordinator, Bill Kennedy. VOTE: Passed 8-0. RESOLUTION NO. 518 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE 2003 BUDGET MODIFICATION AND TRANSFER OF FUNDS – OFFICE FOR THE AGING PROCEEDINGS OF THE YEAR 2003 215 WHEREAS, the Schuyler County Office for the Aging has received notification that there is $2,377.13 carry-over grant funds available under Title VII of the Older Americans Act that can be used towards computer equipment that must be spent by December 31, 2003, and WHEREAS, an additional $500 is necessary to have sufficient funds to purchase two computers, funds available in the 2003 Office for the Aging 6772.490 account for this. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to adjust the Office for the Aging 2003 budget, as follows: AMOUNT ACCOUNT NO. DESCRIPTION + $ 2,377.13 6772.200 Equipment + 2,377.13 6772-4772 Federal Aid + 500.00 6772.200 Equipment - 500.00 6772.490 Subcontracts VOTE: Passed 8-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 6:18 p.m. Gail M. Hughey, Clerk
YEAR END MEETING DECEMBER 29, 2003
The December 29, 2003 Year End Meeting of the Schuyler County Legislature was called to order at 3:00 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present except Legislators Bingell and Slusser who were excused. Assistant County Attorney Morris was also present. PUBLIC PARTICIPATION: None. PRESENTATION OF CERTIFICATE OF RECOGNITION AND COUNTY KEY TO SANDRA “DENNY” TEETER: Chairman Gifford read the Certificate of Recognition aloud to Denny Teeter and presented her with a key to the county. RESOLUTION NO. 519 Motion by Larison, Second by Yuhasz. RE: APPROVE MINUTES OF THE NOVEMBER 10, 2003 REGULAR MEETING AND THE NOVEMBER 19, 2003 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the November 10, 2003 Regular Meeting and the November 19, 2003 Special Meeting of the Schuyler County Legislature be approved VOTE: Passed 6-0. RESOLUTION NO. 520 Motion by Bleiler, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS BE IT RESOLVED, that the Schuyler County Treasurer be authorized to make the following account transfers in order to balance out the 2003 accounts, to wit:
, and BE IT FURTHER RESOLVED, that this authorization shall include financing capital projects with fund balance as determined by the Schuyler County Treasurer. VOTE: Passed 6-0. RESOLUTION NO. 521 Motion by Bleiler, Second by Larison. RE: DEDICATION OF 2003 PROCEEDINGS WHEREAS, it has been the custom to give tribute in the printed Proceedings of the Schuyler County Legislature to employees who retire from county service or elected officials who leave office, as recognition for their dedication and service. NOW, THEREFORE, BE IT RESOLVED, that the “Proceedings of the County Legislature of the County of Schuyler for the year 2003" contain a tribute to Shirley Churches (Deputy Emergency Management Coordinator), Tivon Meir (Services Aide-OFA), Linda Wood (Cleaner), Charles D. Povero (Heavy Equipment 216 SCHUYLER COUNTY LEGISLATURE Operator), Ruth S. Young (Legislator), Nancy A. Peters (County Treasurer), James E. Halpin (Public Defender), Sandra Denise Teeter (Deputy Commissioner in the Board of Elections), Cheryl Wood (Caseworker), (subject to any other retirements effective by 12/31/02). VOTE: Passed 6-0. RESOLUTION NO. 522 Motion by Bleiler, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS WHEREAS, there are shortages in the following accounts that cannot be covered within their respective budgets. NOW, THEREFORE, BE IT RESOLVED, that the Treasurer is authorized to make the following transfers: AMOUNT ACCOUNT NO. DESCRIPTION + 3,400.00 1170.435 Public Defender-Professional Fees & Services + 1,934.00 1170.563 Public Defender-Assigned Counsel + 198.00 1185.400 Coroner-Contractual Expense + 1,760.00 1950.400 Taxes & Assessments on Property + 845.00 2490.400 Community Colleges + 4,347.00 7989.400 Other Culture & Recreation (Snowmobile) + 4,347.00 7989-3889 Other Culture & Recreation - Revenue + 8,391.26 8740.400 Waneta/Lamoka Lakes Protection District +130,000.00 9010.801 State Retirement - 130,000.00 9060.807 Hospital & Medical Insurance - 8,137.00 1990.500 Contingency - 8,391.26 A887(A599) Reserve for Lakes Protection District - 14,751.22 9550.900 Transfers + 2,000.00 1010.100 Legislature-Personal Services-Insurance.Buyout + 1,000.00 1165.100 Dist. Atty – Personal Services-Insurance Buyout + 1,000.00 1410.100 County Clerk-Personal Services-Insurance Buyout + 1,000.00 1460.100 Records Mgmt.-Personal Services-Insurance Buyout + 109.19 1620.100 Buildings & Grnds-Personal Services-Insurance Buyout + 4,747.24 4310.100 Mental Health-Personal Services-Insurance Buyout + 3,754.79 6010.100 Social Services-Personal Services-Insurance Buyout + 570.00 6510.100 Veterans Services-Personal Services-Insurance Buyout + 570.00 6772.100 Office for Aging-Personal Services-Insurance Buyout VOTE: Passed 6-0. RESOLUTION NO. 523 Motion by Larison, Second by Young. RE: AUTHORIZATION TO FILL PROJECTED VACANT CASEWORKER POSITION IN ADULT SERVICES – DEPARTMENT OF SOCIAL SERVICES WHEREAS, Cheryl Wood, a caseworker in the Adult Services unit, will be leaving the Department on December 31, 2003 after 10 years, 9 months of employment, and WHEREAS, Adult Services is a four-person unit responsible for assisting and protecting elderly or disabled adults with financial management, protective and preventive services, case management and related services, and WHEREAS, the absence of one person (25% of the staffing) in the unit will have an adverse effect on the elderly and disabled population of the County, and WHEREAS, Resolution No. 439-03 requires a resolution to fill any and all vacancies. NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be hereby authorized to fill the caseworker vacancy in the Adult Services unit created by the departure of Cheryl Wood, effective January 1, 2004, funding available in the 2004 Social Services budget, account no. 6010.100. VOTE: Passed 6-0. RESOLUTION NO. 524 Motion by Larison, Second by Young. PROCEEDINGS OF THE YEAR 2003 217 RE: AUTHORIZE ADVERTISEMENT AND/OR PURCHASE OF EQUIPMENT/VEHICLES - HIGHWAY WHEREAS, in accordance with Section 103 of General Municipal Law, all purchase contracts involving an expenditure of more than $10,000 and all contracts for public works involving an expenditure of more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this section, and WHEREAS, funding is available in the 2004 Machinery budget for the purchase of the following equipment and the 2004 General Fund Central Garage budget for the following vehicles: a. One Ton Dump Truck b. Central Garage Pick-up Truck-Highway c. Central Garage Van-DSS d. Four (4) Radios e. Flat Bed Box f. Tandem Dump Truck g. Used Roller h. Tractor/Mower i. Dump Box NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be hereby authorized to set specifications and to advertise for bids for the preceding equipment and vehicles and/or utilize State Bid Contract Vendors. VOTE: Passed 6-0. RESOLUTION NO. 525 Motion by Larison, Second by Young. RE: RENEW AGREEMENT WITH HUMAN SERVICE DEVELOPMENT FOR EMERGENCY (BIOTERRORISM) PLANNING – PUBLIC HEALTH WHEREAS, bioterrorism planning continues to be required by the NYS Department of Health, and WHEREAS, Human Service Development is able to provide emergency planning services in compliance with Department of Health requirements. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Human Service Development for the provision of emergency planning coordination services at an amount not to exceed $25,000, effective August 1, 2003 through August 31, 2004, funds available in the Public Health Bioterrorism Grant budget, account no. 4010.400-4028, with no local share cost, subject to approval by the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 526 Motion by Larison, Second by Young. RE: AUTHORIZING THE FILING OF AN APPLICATION FOR A DELL RECYCLING GRANT FOR COMPUTER RECYCLING AND SIGNING OF THE ASSOCIATED CONTRACT, UNDER THE APPROPRIATE LAWS WHEREAS, Dell Computer Inc. is providing financial support to public entities for one-day computer recycling events, and WHEREAS, funds shall be used toward the organization, promotion, staging and processing involved in an effective, no-charge, “No Computer Should Go To Waste” computer collection event, and WHEREAS, Schuyler County has not yet held a computer recycling event, but realizes a need to provide safe disposal options for county residents, and WHEREAS, the event, if funded, will be held in conjunction with Chemung County, and WHEREAS, the Schuyler County Legislature herein called the MUNICIPALITY, has examined and duly considered the applicable laws and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws, and WHEREAS, it is necessary that an application be filed and a Contract by and between Dell Inc. and the MUNICIPALITY shall be executed for such aid. NOW, THEREFORE BE IT RESOLVED, by the Schuyler County Legislature: 218 SCHUYLER COUNTY LEGISLATURE 1. That the filing of an application in a form required by Dell Inc. in conformity with the applicable laws including all understandings and assurances contained in said application is hereby authorized. 2. That the Chairman of the Legislature is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required to sign the resulting contract if said application is approved by Dell Inc. 3. That the MUNICIPALITY agrees that the County Treasurer’s Office will receive and disburse grant monies. 4. That Cornell Cooperative Extension of Schuyler County will administer grant monies and coordinate the computer collection event. 5. That the MUNICIPALITY and Chemung County will raise additional funds as needed for a successful computer collection event. 6. That this resolution shall take effect immediately. VOTE: Passed 6-0. RESOLUTION NO. 527 Motion by Larison, Second by Young. RE: AUTHORIZE FILLING TWO (2) SEASONAL LABORER POSITIONS – HIGHWAY WHEREAS, Resolution No. 439-03 requires a resolution to fill any and all vacancies, and WHEREAS, the Highway Superintendent needs to fill two (2) Seasonal Laborer positions on a short- term basis due to an Auto Mechanic on three weeks’ vacation, a Heavy Equipment Operator on four week’s medical leave, and a grievance complicating the authorized filling of a vacant Laborer position, and WHEREAS, it is essential to maintain the staffing level of the Highway Department in order to have an effective and efficient snow removal process. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be hereby authorized to fill two (2) Seasonal Laborer positions, funding available in the 2004 Highway budget. VOTE: Passed 6-0. RESOLUTION NO. 528 Motion by Larison, Second by Young. RE: AMEND DEPARTMENT OF SOCIAL SERVICES 2003 BUDGET WHEREAS, the Department of Social Services expects to exceed its 2003 budgets for Day Care, Medical Assistance, Family Assistance, Foster Care, Juvenile Delinquency and Safety Net, and WHEREAS, the department expects increased revenue for these accounts. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following changes in the Department of Social Services 2003 Budget: Appropriations 6055.400 Day Care + 36,000 6101.400 Medical Assistance + 15,000 6109.400 Family Assistance + 25,000 6119.400 Foster Care and Adoption Subsidies + 30,000 6123.400 Juvenile Delinquency + 10,000 6140.400 Safety Net + 10,000
Subtotal of Appropriations 126,000
Revenue 6055.3655 State Aid - Day Care + 36,000 6102.3602 State Aid - MMIS + 53,000 6109.4609 Federal Aid - Family Assistance + 12,000 6119.4619 Federal Aid - Foster Care + 15,000 6123.3623 State Aid - Juvenile Delinquency + 5,000 6140.3640 State Aid - Safety Net + 5,000
Subtotal of Revenue Accounts 126,000 PROCEEDINGS OF THE YEAR 2003 219 VOTE: Passed 6-0. RESOLUTION NO. 529 Motion by Larison, Second by Young. RE: AUTHORIZE FILLING TYPIST/KEYBOARD SPECIALIST POSITION – EMERGENCY MANAGEMENT WHEREAS, there is a pending vacancy in the position of Typist/Keyboard Specialist in the Office of Emergency Management, and WHEREAS, Resolution No. 439-03 requires a resolution to fill any and all vacancies, and WHEREAS, it is the recommendation of the Emergency Management Coordinator that this position be filled as soon as possible due to the workload. NOW, THEREFORE, BE IT RESOLVED, that the Coordinator of Emergency Management be hereby authorized to advertise for and fill the pending vacant Typist/Keyboard Specialist position, Grade V, $11.47 per hour for 2004, effective after the final work day of the incumbent. VOTE: Passed 6-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. PUBLIC PARTICIPATION: None. The Meeting adjourned at 3:08 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk
ANNUAL BUDGET OF 2003 Budget of Schuyler County for Fiscal Year Beginning January 1, 2003 Tentative Budget - Filed November 16, 2002 Adopted December 11, 2002 NANCY A. PETERS, BUDGET OFFICER
LEGISLATURE APPROPRIATIONS: A1010.1 Personal Service 137,751.00 A1010.2 Equipment 0.00 A1010.4 Contractual Expense 33,120.00 TOTAL APPROPRIATIONS 170,871.00
LEGISLATURE REVENUES: 1010-1081 Other Payments In Lieu of Taxes 114,091.00 1010-1110 State Admin. Sales and Use Tax 4,470,000.00 1010-2410 Rent 2,500.00 1010-2690 Other Compensation for Loss 15,000.00 1010-2720 Off Track Betting 16,000.00 1010.3001 State Revenue Sharing 38,478.00 1010-4089 Federal Aid - Other (Entitlement Land) 8,000.00 TOTAL REVENUES 4,664,069.00
DISTRICT ATTORNEY APPROPRIATIONS: A1165.1 Personal Service 204,029.00 A1165.1 Equipment 0.00 A1165.4 Contractual Expense 28,080.00 TOTAL APPROPRIATIONS 232,109.00
220 SCHUYLER COUNTY LEGISLATURE DISTRICT ATTORNEY REVENUES A1165.2 Attorney Fees 3,000.00 A1165.2 Interest of Investments 40.00 A1165.3 DA Salary Reimbursement 61,800.00 A1165.3 State Aid – Aid to Prosecution 50,000.00 TOTAL REVENUES 114,840.00
PUBLIC DEFENDER APPROPRIATIONS: A1170.1 Personal Service 64,737.00 A1170.2 Equipment 500.00 A1170.4 Contractual Expense 46,800.00 TOTAL APPROPRIATIONS 112,037.00
JUSTICE OF THE PEACE APPROPRIATIONS: A1180.4 Contractual Expense 210.00 TOTAL APPROPRIATIONS 210.00
CORONERS APPROPRIATIONS: A1185.4 Contractual Expense 10,110.00 TOTAL APPROPRIATIONS 10,110.00
COUNTY TREASURER APPROPRIATIONS: A1325.1 Personal Service 156,878.00 A1325.2 Equipment 0.00 A1325.4 Contractual Expense 95,879.00 TOTAL APPROPRIATIONS 252,757.00
COUNTY TREASURER REVENUES: 1325-1090 Interest and Penalties on Taxes 260,000.00 1325-1091 Penalties on Special Assessments 18,000.00 1325-1230 Clerk/Treasurer Fees 40,000.00 1325-2401 Interest on Investments 91,000.00 TOTAL REVENUES 409,000.00
BUDGET OFFICER APPROPRIATIONS: 1340-01 Personnel Services 3,000.00 1340-04 Contractual Expenses 750.00 TOTAL APPROPRIATIONS 3,750.00
REAL PROPERTY TAX SERVICE APPROPRIATIONS: A1355.1 Personal Service 94,407.00 A1355.2 Equipment 0.00 A1355.4 Contractual Expense 26,995.00 TOTAL APPROPRIATIONS 121,402.00
REAL PROPERTY TAX SERVICE REVENUES: 1355-2201 Tax Assessment Service 38,000.00 1355-3040 Real Property Tax Admin. 2,000.00 PROCEEDINGS OF THE YEAR 2003 221 TOTAL REVENUES 40,000.00
TAX SALE ADVERTISING AND EXPENSE APPROPRIATIONS: A1362.4 Contractual Expense 7,000.00 TOTAL APPROPRIATIONS 7,000.00
TAX SALE ADVERTISING AND EXPENSE REVENUES: 1362-1235 Charges - Tax Advertising and Expense 7,000.00 TOTAL REVENUES 7,000.00
PROPERTY ACQUIRED FOR TAXES APPROPRIATIONS: A1364.4 Contractual Expense 25,000.00 TOTAL APPROPRIATIONS 25,000.00
PROPERTY ACQUIRED FOR TAXES REVENUES: 1364-1230 Clerk/Treasurer Fees 25,000.00 TOTAL REVENUES 25,000.00
COUNTY CLERK APPROPRIATIONS (INCLUDES MOTOR VEHICLE): A1410.1 Personal Service 176,649.00 A1410.2 Equipment 000.00 A1410.4 Contractual Expense 22,300.00 TOTAL APPROPRIATIONS 198,949.00
COUNTY CLERK REVENUES: 1410-1255 County Clerk Fees 222,000.00 TOTAL REVENUES 220,000.00
COUNTY ATTORNEY APPROPRIATIONS: A1420.1 Personal Service 212,407.00 A1420.2 Equipment 200.00 A1420.4 Contractual Expense 10,350.00 TOTAL APPROPRIATIONS 222,957.00
COUNTY ATTORNEY REVENUES: 1420-1265 Attorney Fees 200,768.00 TOTAL REVENUES 200,768.00
PERSONNEL APPROPRIATIONS: A1430.1 Personal Service 67,890.00 A1430.2 Equipment 0.00 A1430.4 Contractual Expense 29,070.00 TOTAL APPROPRIATIONS 96,960.00
PERSONNEL REVENUES: 1430-1260 Personnel Fees 2,000.00 TOTAL REVENUES 2,000.00
CIVIL SERVICE APPROPRIATIONS: A1431.1 Personal Service 58,541.00 222 SCHUYLER COUNTY LEGISLATURE A1431.4 Contractual Expense 22,520.00 TOTAL REVENUES 81,061.00
ELECTIONS APPROPRIATIONS: A1450.1 Personal Service 46,868.00 A1450.2 Equipment 0.00 A1450.4 Contractual Expense 27,500.00 TOTAL APPROPRIATIONS 74,368.00
ELECTIONS REVENUES: 1450-2215 Election Services 525.00 TOTAL REVENUES 525.00
RECORDS MANAGEMENT APPROPRIATIONS: A1460.1 Personal Service 21,394.00 A1460.4 Contractual Expense 1,030.00 TOTAL APPROPRIATIONS 22,424.00
RECORDS MANAGEMENT REVENUES: 1460-1289 Other General Government Department Income 12,500.00 TOTAL REVENUES 12,500.00
CENTRAL SERVICES APPROPRIATIONS: A1610.2 Equipment 4,500.00 A1610.4 Contractual 94,957.00 TOTAL APPROPRIATIONS 99,457.00
CENTRAL SERVICES REVENUES: 1610-1270 Shared Services Charges 99,457.00 TOTAL REVENUES 99,457.00
BUILDINGS APPROPRIATIONS: A1620.1 Personal Service 232,435.00 A1620.2 Equipment 0.00 A1620.4 Contractual Expense 138,167.00 TOTAL APPROPRIATIONS 376,159.00
BUILDINGS REVENUES: 1620-1270 Shared Services Charges 100.00 1620-1289 Other General Governmental Income 19,489.00 1620-2410 Rental of Buildings - Individual 47,030.00 1620-2650 Sale of Scrap and Excess Material 2,600.00 1620-3021 Court Facilities Aid 40,000.00 TOTAL REVENUES: 109,219.00
GROUNDS APPROPRIATIONS: A1622.2 Equipment A1622.4 Contractual 13,772.00 TOTAL APPROPRIATIONS 13,772.00
PROCEEDINGS OF THE YEAR 2003 223 PROFESSIONAL CONSULTANT APPROPRIATIONS: A1630.4 Contractual Expense 5,500.00 TOTAL APPROPRIATIONS 5,500.00
CENTRAL GARAGE APPROPRIATIONS: A1640.4 Contractual Expense 1,350.00 TOTAL APPROPRIATIONS 1,350.00
CENTRAL GARAGE REVENUES: 1640-1289 Other General Governmental Income 35,897.00 1640-2300 Services 1,350.00 TOTAL REVENUES 37,247.00
STOREROOM APPROPRIATIONS: A1660.1 Personal Service 28,386.00 A1660.2 Equipment 1,200.00 A1660.4 Contractual Expense 1,725.00 TOTAL APPROPRIATIONS 32,518.00
CENTRAL STOREROOM REVENUES: 1660-2770 Unclassified Revenues 800.00 TOTAL REVENUES 800.00
CENTRAL DATA PROCESSING APPROPRIATIONS: A1680.1 Personal Service 38,362.00 A1680.2 Equipment 2,000.00 A1680.4 Contractual Expense 20,978.00 TOTAL APPROPRIATIONS 61,340.00
CENTRAL DATA PROCESSING REVENUES: 1680-1289 Other General Governmental Income - Training 8,600.00 TOTAL REVENUES 8,600.00
UNALLOCATED INSURANCE APPROPRIATIONS: A1910.4 Contractual 186,791.00 TOTAL APPROPRIATIONS 186,791.00 UNALLOCATED INSURANCE REVENUES: 1910-2680 Insurance Recoveries 35,000.00 TOTAL REVENUES 35,000.00
MUNICIPAL ASSOCIATION DUES APPROPRIATIONS: A1920.4 Contractual 2,992.00 TOTAL APPROPRIATIONS 2,992.00
JUDGMENTS & CLAIMS APPROPRIATIONS: 1930.4 Contractual 4,800.00 TOTAL APPROPRIATIONS 4,800.00
TAXES & ASSESSMENTS ON PROPERTY APPROPRIATIONS: A1950.4 Contractual 1,800.00 224 SCHUYLER COUNTY LEGISLATURE TOTAL APPROPRIATIONS 1,800.00
CONTINGENCY ACCOUNT APPROPRIATIONS: A1990.5 Contingencies 200,000.00 TOTAL APPROPRIATIONS 200,000.00
COMMUNITY COLLEGE TUITION APPROPRIATIONS: A2490.4 Contractual 575,000.00 TOTAL APPROPRIATIONS 575,000.00
COMMUNITY COLLEGE TUITION REVENUES: 2490.2701 Refunds of Prior Years 0.00 TOTAL REVENUES 0.00
EDUCATION - HANDICAPPED CHILDREN APPROPRIATIONS: A2960.4 Contractual 350,000.00 A2960.4 Travel Expense 100,000.00 TOTAL APPROPRIATIONS 450,000.00
EDUCATION - HANDICAPPED CHILDREN REVENUES: 2960-1689 Other Health Department Income 2960-3277 Education - Handicapped Children 267,750.00 TOTAL REVENUES 267,750.00
PUBLIC SAFETY COMMUNICATIONS APPROPRIATIONS: A3020.4 Contractual Expense 38,000.00 TOTAL APPROPRIATIONS 38,000.00
PUBLIC SAFETY COMMUNICATIONS REVENUES: 3020-1140 Emergency Telephone Surcharge 59,174.00 TOTAL REVENUES 59,174.00
SHERIFF APPROPRIATIONS: A3110.1 Personal Service 536,238.00 A3110.2 Equipment 25,500.00 A3110.4 Contractual Expense 263,750.00 TOTAL APPROPRIATIONS 825,488.00
SHERIFF REVENUES: 3110-1510 Sheriff Fees 139,000.00 3110-1589 Other Public Safety Dept. Income 130,000.00 3110-2650 Sale of Scrap and Excess Material 3,400.00 3110.3401 State Aid – Public Health 0.00 TOTAL REVENUES 272,400.00
NAVIGATION APPROPRIATIONS: A3111.1 Personal Service 16,500.00 A3111.2 Equipment 1,000.00 A3111.4 Contractual Expense 2,400.00 TOTAL APPROPRIATIONS 19,900.00 PROCEEDINGS OF THE YEAR 2003 225
NAVIGATION REVENUES: 3111-3315 State Aid - Navigation Law Enforcement 10,500.00 TOTAL REVENUES 10,500.00
HECTOR LAND PATROL APPROPRIATIONS: A3112.1 Personal Service 2,500.00 TOTAL APPROPRIATIONS 2,500.00
HECTOR LAND PATROL REVENUES: 3112-4080 Federal Aid - Hector Land Use Area 2,500.00 TOTAL REVENUES 2,500.00
PROBATION APPROPRIATIONS: A3140.1 Personal Service 199,619.00 A3140.2 Equipment 3,850.00 A3140.4 Contractual Expense 25,200.00 TOTAL APPROPRIATIONS 228,669.00
PROBATION REVENUES: 3140.1289 Other – DWI Fees 3,500.00 3140-1580 Restitution 1,500.00 3140-1589 Other (Investigation Fees) 3,500.00 3140-2610 Fines and Forfeited Bail 200.00 3140-3310 State Aid - Probation Services 74,097.00 TOTAL REVENUES 82,797.00
JAIL APPROPRIATIONS: A3150.1 Personal Service 811,965.00 A3150.2 Equipment 3,500.00 A3150.4 Contractual Expenses 180,00.00 A3150.6 Lease/Purchase 00.00 TOTAL APPROPRIATIONS 995,465.00
JAIL REVENUES: 3150-2650 Sale of Scrap & Excess Material 0.00 3150-2680 Insurance Recoveries 20,000.00 3150-3316 State Aid - Board of Prisoners 25,000.00 3150-3330 State Aid - Unified Court Budget 60,000.00 3150-4389 Other Breakfast/Lunch Program 2,000.00 TOTAL REVENUES 112,000.00
TRAFFIC CONTROL APPROPRIATIONS: A3310.4 Contractual Expense 50.00 TOTAL APPROPRIATIONS 50.00
STOP D.W.I. APPROPRIATIONS: A3315.1 Personal Service 37,941.00 A3315.2 Equipment 13,000.00 A3315.4 Contractual Expense 24,361.00 226 SCHUYLER COUNTY LEGISLATURE TOTAL APPROPRIATIONS 75,302.00
STOP D.W.I. REVENUES: 3315-2615 Stop D.W.I. Fines 50,000.00 TOTAL REVENUES 50,000.00
FIRE-EMERGENCY MEDICAL APPROPRIATIONS: A3412.4 Contractual Expense 23,643.00 TOTAL APPROPRIATIONS 23,643.00
FIRE-EMERGENCY MEDICAL REVENUES: 3412-1588 Bureau of Fire - EMS Books 0.00 3412-3489 Other Health - EMS 20,522.00 TOTAL REVENUES 20,522.00
CONTROL OF DOGS APPROPRIATIONS: A3510.1 Personal Service 42,593.00 A3510.2 Equipment 500.00 A3510.4 Contractual Expense 19,600.00 A3510.6 Lease/Purchase 4,000.00 TOTAL APPROPRIATIONS 66,693.00
DOG CONTROL REVENUES: 3510-1550 Public Pound Charges and Control Fees 1,000.00 3510-2268 Dog Control Services 18,000.00 TOTAL REVENUES 19,000.00
OFFICE OF EMERGENCY MANAGEMENT APPROPRIATIONS: A3689.1 Personal Service 60,917.00 A3689.2 Equipment 0.00 A3689.4 Contractual Expense 127,839.00 TOTAL APPROPRIATIONS 188,756.00
OFFICE OF EMERGENCY MANAGEMENT REVENUES: 3689-1588 Reimbursement - Surplus 5,000.00 3689-1589 Other Public Safety Dept. Income 50,000.00 3689-4305 Fed Aid-Civil Defense 5,000.00 3689-4389 Other Public Safety Aid 500.00 TOTAL REVENUES 60,500.00
PUBLIC HEALTH APPROPRIATIONS: A4010.1 Personal Service 438,762.00 A4010.2 Equipment 7,000.00 A4010.4 Contractual Expense 772,112.00 TOTAL APPROPRIATIONS 1,217,874.00
PUBLIC HEALTH REVENUES: 4010-1610 Home Nursing Charges 860,000.00 4010-1611 Office for the Aging 14,000.00 4010.1689 Other Health Dept. Income 13,000.00 PROCEEDINGS OF THE YEAR 2003 227 4010.2705 Gifts and Donations 8,000.00 4010-3401 State Aid - Public Health 338,644.00 TOTAL REVENUES 1,233,644.00
RABIES CONTROL APPROPRIATIONS: A4042.4 Contractual Expenses 17,700.00 TOTAL APPROPRIATIONS 17,700.00
RABIES REVENUES: 4042-3401 State Aid - Rabies 17,700.00 TOTAL REVENUES 17,700.00
PHYSICALLY HANDICAPPED APPROPRIATIONS: A4046.4 Contractual Expense 15,600.00 TOTAL APPROPRIATIONS 15,600.00
PHYSICALLY HANDICAPPED REVENUES: 4046-3446 State Aid - Handicapped Children 8,100.00 TOTAL REVENUES 8,100.00
WATERSHED APPROPRIATIONS: A4050.1 Personal Service 59,017.00 A4050.2 Equipment 2,010.00 A4050.4 Contractual Expense 46,116.00 TOTAL APPROPRIATIONS 107,143.00
WATERSHED REVENUES: 4050-1609 Watershed Revenues 50,000.00 4050-3403 State Aid - Watershed 49,491.00 TOTAL REVENUES 99,491.00
EARLY INTERVENTION PROGRAM APPROPRIATIONS: A4054.1 Personal Service 6,000.00 A4054.4 Contractual Expense 174,000.00 TOTAL APPROPRIATIONS 180,000.00
EARLY INTERVENTION PROGRAM REVENUES: 4054-1621 Early Intervention Service Fee 106,200.00 TOTAL REVENUES 106,200.00
MENTAL HEALTH APPROPRIATIONS: A4310.1 Personal Service 820,533.00 A4310.2 Equipment 27,518.00 A4310.4 Contractual Expense 754,772.00 TOTAL APPROPRIATIONS 1,602,823.00
MENTAL HEALTH REVENUES: 4310-1620 Mental Health Fees 935,890.00 4310-3490 State Aid - Mental Health 825,822.00 TOTAL REVENUES 1,761,712.00 228 SCHUYLER COUNTY LEGISLATURE
MENTAL HEALTH CONTRACT AGENCIES APPROPRIATIONS: A4322.3 Contractual Expense 518,666.00 TOTAL APPROPRIATIONS 518,666.00
MENTAL HEALTH CONTRACT AGENCIES REVENUES: 4322-1625 Mental Health Contribution from Private Agencies 21,957.00 4322-1689 Other Health Department Income 13,667.00 4322-2410 Rental of Buildings - Individual 150,438.00 4322-3490 State Aid - Mental Health 260,338.00 4322-4490 Federal Aid - Mental Health 66,381.00 TOTAL REVENUES 512,781.00
BUS OPERATIONS APPROPRIATIONS: A5630.4 Contractual Expense 145,780.00 TOTAL APPROPRIATIONS 145,780.00
BUS OPERATIONS REVENUES: 5630-3594 State Aid - Bus and Other Mass Transportation 114,280.00 5630-4089 Federal Aid - Other Transportation 31,500.00 TOTAL REVENUES 145,780.00
SOCIAL SERVICES ADMINISTRATION APPROPRIATIONS: A6010.1 Personal Service 1294,452.00 A6010.2 Equipment 14,500.00 A6010.4 Contractual Expense 726,753.00 TOTAL APPROPRIATIONS 2,035,705.00
SOCIAL SERVICES ADMINISTRATION REVENUES: 6010-1810 Repay of Administration 4,500.00 6010-1811 Incentive Payments 200.00 6010.2650 Sale of Scrap & Excess Material 2,600.00 6010-3610 State Aid - Administration 514,720.00 6010-4610 Federal Aid - Administration 1,343,104.00 6010-4611 Federal Aid - Food Stamps 150,000.00 TOTAL REVENUES 2,015,124.00
DAY CARE APPROPRIATIONS: A6055.4 Contractual Expense 550,000.00 TOTAL APPROPRIATIONS 550,000.00
DAY CARE REVENUES: 6055-3655 State Aid - Day Care 522,500.00 TOTAL REVENUES 522,500.00
SERVICES FOR RECIPIENTS APPROPRIATIONS: A6070.4 Contractual Expense 61,626.00 TOTAL APPROPRIATIONS 61,626.00
SERVICES FOR RECIPIENTS REVENUES: PROCEEDINGS OF THE YEAR 2003 229 6070-4670 Federal & State Aid - Purchase of Services 49,000.00 TOTAL REVENUES 49,000.00
MEDICAL ASSISTANCE APPROPRIATIONS: A6101.4 Contractual Expense 275,000.00 TOTAL APPROPRIATIONS 275,000.00
MEDICAL ASSISTANCE REVENUES: 6101-1801 Repay of Medical Assistance 235,000.00 TOTAL REVENUES 235,000.00
M.M.I.S. MEDICAL ASSISTANCE APPROPRIATIONS: A6102.4 Contractual Expense 3,230,000.00 TOTAL APPROPRIATIONS 3,230,000.00
M.M.I.S. MEDICAL ASSISTANCE REVENUES: 6102-3602 State Aid - Mentally Disabled 480,000.00 TOTAL REVENUES 480,000.00
SPECIAL NEED (ADULT/FAMILY) APPROPRIATIONS: A6106.4 Contractual Expense 1,000.00 TOTAL APPROPRIATIONS 1,000.00
SPECIAL NEED (ADULT/FAMILY) REVENUES: 6106-3606 Special Needs (Adult/Family Homes) 1,000.00 TOTAL REVENUES 1,000.00
FAMILY ASSISTANCE: A6109.4 Contractual Expense 885,000.00 TOTAL APPROPRIATIONS 885,000.00
FAMILY REVENUES: 6109-1809 Repay of Aid – Family Assistance 80,000.00 6109-1811 Child Support, Incentive Payment 17,600.00 6109-3609 State Aid – Family Assistance 150,000.00 6109-4609 Federal Aid – Family Assistance 480,000.00 TOTAL REVENUES 727,600.00
CHILD CARE APPROPRIATIONS: A6119.4 Contractual Expense 387,000.00 TOTAL APPROPRIATIONS 387,000.00
CHILD CARE REVENUES: 6119-1819 Repayment of Child Care 10,000.00 6119-3619 State Aid - Child Care 144,000.00 6119-4619 Federal Aid - Child Care 114,600.00 TOTAL REVENUES 268,600.00
JUVENILE DELINQUENCY APPROPRIATIONS: 230 SCHUYLER COUNTY LEGISLATURE A6123.4 Contractual Expense 30,000.00 TOTAL APPROPRIATIONS 30,000.00
JUVENILE DELINQUENCY REVENUES: 6123-1823 Repay of Juvenile Delinquent Care 2,500.00 6123-3623 State Aid - Juvenile Delinquency 13,750.00 TOTAL REVENUES 16,250.00
STATE TRAINING SCHOOL: 6129.400 Contractual Expense 35,000.00 TOTAL APPROPRIATIONS 35,000.00
SAFETY NET 6140.400 Contractual Expense 225,000.00 TOTAL APPROPRIATIONS 225,000.00
SAFETY NET 6140.1840 Repay of Safety Net 30,000.00 6140.3640 State Aid – Safety Net 95,000.00 TOTAL REVENUES 125,000.00
HOME ENERGY ASSISTANCE APPROPRIATIONS: A6141.4 Contractual Expense 700,000.00 TOTAL APPROPRIATIONS 700,000.00
HOME ENERGY ASSISTANCE REVENUES: 6141-1841 Repay of Energy Assistance 15,000.00 6141-4641 Federal Aid - HEAP Program 685,000.00 TOTAL REVENUES 700,000.00
EMERGENCY AID FOR ADULTS APPROPRIATIONS: A6142.4 Contractual Expense 3,000.00 TOTAL APPROPRIATIONS 3,000.00
EMERGENCY AID FOR ADULTS REVENUES: 6142-3642 State Aid - Emergency Aid for Adults 1,500.00 TOTAL REVENUES 1,500.00
COMMUNITY ACTION PROGRAM APPROPRIATIONS: A6310.4 Contractual Expense 3,800.00 TOTAL APPROPRIATIONS 3,800.00
PUBLICITY APPROPRIATIONS: A6410.4 Contractual Expense 166,325.00 TOTAL APPROPRIATIONS 166,325.00
PUBLICITY REVENUES: 6410-1113 Tax on Hotel Room Occupancy 63,500.00 TOTAL REVENUES 63,500.00
PROCEEDINGS OF THE YEAR 2003 231 VETERAN SERVICE APPROPRIATIONS: A6510.1 Personal Service 16,627.00 A6510.2 Equipment 0.00 A6510.4 Contractual Expense 4,750.00 TOTAL APPROPRIATIONS 21,377.00
VETERAN SERVICE REVENUES: 6510-3710 Veterans Service Agencies 5,000.00 TOTAL REVENUES 5,000.00
WEIGHTS & MEASURES APPROPRIATIONS: A6610.1 Personal Service 14,864.00 A6610.2 Equipment 000.00 A6610.4 Contractual Expense 843.00 TOTAL APPROPRIATIONS 15,707.00
WEIGHTS & MEASURES REVENUES: 6610-3789 Other Economic Assistance and Opportunity 1,500.00 TOTAL REVENUES 1,500.00
PROGRAMS FOR AGING APPROPRIATIONS: A6772.1 Personal Service 312,258.00 A6772.2 Equipment 13,630.00 A6772.4 Contractual Expense 314,037.00 TOTAL APPROPRIATIONS 639,925.00
PROGRAMS FOR AGING REVENUES: 6772-1972 Programs for Aging 75,000.00 6772.2650 Sale of Scrap and Excess Material 1,500.00 6772-3772 State Aid - Programs for Aging 265,300.00 6772-4772 Federal Aid - Programs for Aging 257,000.00 TOTAL REVENUES 598,800.00
OTHER ECONOMIC OPPORTUNITY/DEVELOPMENT APPROPRIATIONS: A6989.4 Contractual Expense (SCIDA) 5,000.00 A6989.4 Contractual Expense 136,240.00 TOTAL APPROPRIATIONS 141,240.00
OTHER ECONOMIC OPPORTUNITY/DEVELOPMENT REVENUES: 6989-2389 Other Home & Community Service 50,300.00 TOTAL REVENUES 50,300.00
SENECA HARBOR PARK APPROPRIATIONS: A7110.1 Personal Service 14,000.00 A7110.4 Contractual Expense 6,165.00 TOTAL APPROPRIATIONS 20,165.00
SENECA HARBOR PARK REVENUES: 7110-2089 Other Culture and Recreation Departmental Income 2,560.00 232 SCHUYLER COUNTY LEGISLATURE 7110-2410 Rental of Buildings - Individual 5,800.00 7110-2705 Gifts and Donations 500.00 TOTAL REVENUES 8,860.00
YOUTH PROGRAMS APPROPRIATIONS: A7310.1 Personal Service 84,730.00 A7310.2 Equipment 0.00 A7310.4 Contractual Expense 104,314.00 TOTAL APPROPRIATIONS 189,044.00
YOUTH PROGRAMS REVENUES: 7310.1289 Other General Gov't Dept. Income 4,167.00 7310.2070 WGI 10,000.00 7310.2089 Other Culture & Rec. Dept. Income 250.00 7310-2389 Other Home & Community Service 56,000.00 7310-3820 State Aid - Youth Programs 67,460.00 7310-4820 Youth Programs 0.00 TOTAL REVENUES 137,877.00
LIBRARY APPROPRIATIONS: A7410.4 Contractual Expense 0.00 TOTAL APPROPRIATIONS 0.00
HISTORIAN APPROPRIATIONS: A7510.1 Personal Service 1,150.00 A7510.4 Contractual Expense 350.00 TOTAL APPROPRIATIONS 1,500.00
OTHER PERFORMING ARTS APPROPRIATIONS: A7560.4 Contractual 3,000.00 TOTAL APPROPRIATIONS 3,000.00
PLANNING APPROPRIATIONS: A8020.4 Contractual Expense 65,708.00 TOTAL APPROPRIATIONS 65,708.00
REFUSE COLLECTION & DISPOSAL APPROPRIATIONS: A8160.4 Contractual Expense 0.00 TOTAL APPROPRIATIONS 0.00
COMMUNITY BEAUTIFICATION - EMC APPROPRIATIONS: A8510.3 Contractual Expense 600.00 TOTAL APPROPRIATIONS 600.00
CONSERVATION PROGRAMS APPROPRIATIONS: A8710.3 Contractual Expense 88,645.00 TOTAL APPROPRIATIONS 88,645.00
PROCEEDINGS OF THE YEAR 2003 233 WATERSHED PROTECTION DISTRICT: A8740.4 Contractual Expense 15,000.00 TOTAL APPROPRIATIONS 15,000.00
WATERSHED PROTECTION DISTRICT: A8740.4 Contractual Expense 15,000.00 TOTAL REVENUES 15,000.00
COOPERATIVE EXTENSION APPROPRIATIONS: A8750.4 Contractual Expense 194,305.00 TOTAL APPROPRIATIONS 194,305.00
ASSOCIATION FOR THE BLIND APPROPRIATIONS: A8830.4 Contractual Expense 0.00 TOTAL APPROPRIATIONS 0.00
STATE RETIREMENT APPROPRIATIONS: A9010.8 Fringe Benefits 303,228.00 TOTAL APPROPRIATIONS 303,228.00
SOCIAL SECURITY APPROPRIATIONS: A9030.8 Fringe Benefits 476,182.00 TOTAL APPROPRIATIONS 476,182.00
UNEMPLOYMENT INSURANCE APPROPRIATIONS: A9050.8 Fringe Benefits 20,000.00 TOTAL APPROPRIATIONS 20,000.00
DISABILITY INSURANCE APPROPRIATIONS: A9055.8 Fringe Benefits 25,397.00 TOTAL APPROPRIATIONS 25,397.00
HOSPITAL AND MEDICAL INSURANCE APPROPRIATIONS: A9060.8 Fringe Benefits 1,650,000.00 TOTAL APPROPRIATIONS 1,650,000.00
OTHER EMPLOYEE BENEFITS A9089.8 Fringe Benefits 750.00 TOTAL APPROPRIATIONS 750.00
TRANSFERS TO COUNTY ROAD FUND: A9522.9 Transfers 1,599,545.00 TOTAL TRANSFERS TO COUNTY ROAD 1,599,545.00
TRANSFERS TO MACHINERY FUND: A9524.9 Transfers 311,909.00 TOTAL TRANSFERS TO MACHINERY 311,909.00
SERIAL BONDS APPROPRIATIONS: A9710.6 Debt Service - Principal 30,000.00 234 SCHUYLER COUNTY LEGISLATURE A9710.7 Debt Service - Interest 21,950.00 TOTAL APPROPRIATIONS 51,950.00
BOND ANTICIPATION NOTES A9730.7 Debt Service 19,827.00 TOTAL APPROPRIATIONS 19,827.00
TRANSFER TO CAPITOL PROJECT FUND A9950.9 Interfund Transfer 130,000.00 TOTAL TRANSFER 130,000.00
COUNTY ROAD ADMINISTRATION APPROPRIATIONS: D5010.1 Personal Service 132,307.00 D5010.2 Equipment 0.00 D5010.4 Contractual Expense 7,050.00 TOTAL APPROPRIATIONS 139,357.00
COUNTY ROAD ADMINISTRATION REVENUES: 0002-2401 Interest on Investments 1,000.00 0002-2620 Forfeiture of Deposits 200.00 0002-2650 Sale of Scrap and Excess Material 1000.00 0002-2680 Insurance Recoveries 500.00 0002-2701 Refunds of Prior Years Expenditures 500.00 0002-2770 Unclassified Revenues 0.00 0002-3501 Consolidated Highway Aid 451,822.00 0002-3589 State Aid Other Transportation 14,250.00 0002-4597 Federal Aid - Other Transportation - Capital Project 76,000.00 0002-5031 Interfund Transfers 1,599,545.00 TOTAL REVENUES 2,144,817.00
ENGINEERING APPROPRIATIONS: D5020.4 Contractual Expense 152,000.00 TOTAL APPROPRIATIONS 152,000.00
MAINTENANCE OF ROADS APPROPRIATIONS: D5110.1 Personal Service 367,142.00 D5110.4 Contractual Expense 413,600.00 TOTAL APPROPRIATIONS 780,742.00
PERMANENT IMPROVEMENTS APPROPRIATIONS: D5112.5 Reconstruction CR 28, CR6 & CR24 301,900.00 TOTAL APPROPRIATIONS 301,900.00
BRIDGES APPROPRIATIONS: D5120.3 Burdett Pedestrian Bridge 122,000.00 D5120.3 Materials, Membrane, Concrete 18,000.00 D5120.4 Other Contractual 8,000.00 D5120.5 County Route 14 28,000.00 TOTAL APPROPRIATIONS 176,000.00
PROCEEDINGS OF THE YEAR 2003 235 SNOW REMOVAL APPROPRIATIONS: D5142.1 Personal Service 87,000.00 D5142.4 Contractual Expense 96,500.00 TOTAL APPROPRIATIONS 183,500.00
STATE RETIREMENT APPROPRIATIONS: D9010.8 Fringe Benefits 26,800.00 TOTAL APPROPRIATIONS 26,800.00
SOCIAL SECURITY APPROPRIATIONS: D9030.8 Fringe Benefits 44,900.00 TOTAL APPROPRIATIONS 44,900.00
WORKER=S COMPENSATION APPROPRIATIONS: D9040.8 Fringe Benefits 56,000.00 TOTAL APPROPRIATIONS 56,000.00
DISABILITY INSURANCE APPROPRIATIONS: D9055.8 Fringe Benefits 2,100.00 TOTAL APPROPRIATIONS 2,100.00
HOSPITAL AND MEDICAL INSURANCE APPROPRIATIONS: D9060.8 Fringe Benefits 132,000.00 TOTAL APPROPRIATIONS 132,000.00
BOND ANTICIPATED NOTES: D9730.7 Debt Service - Interest 149,518.00 TOTAL APPROPRIATIONS 149,518.00
MACHINERY FUND APPROPRIATIONS: D5130.1 Personal Service 93,736.00 D5130.2 Equipment 72,825.00 D5130.4 Contractual Expense 247,055.00 TOTAL APPROPRIATIONS 413,616.00
MACHINERY REVENUES: 0003-1789 Other Transportation - Dept. Income 9,371.00 0003-2300 Services Other Governments 150,000.00 0003-2401 Interest on Investments 190.00 0003-2650 Sale of Scrap and Excess Material 1,000.00 0003-2665 Sales of Equipment 14,200.00 0003-2801 Interfund Revenues 180,000.00 0003-5031 Interfund Transfers 311,909.00 TOTAL REVENUES 666,670.00
SHARED FUEL FACILITY APPROPRIATIONS: D5131.1 Personal Service 5,881.00 D5131.4 Contractual Expense 153,490.00 TOTAL APPROPRIATIONS 179,431.00
236 SCHUYLER COUNTY LEGISLATURE STATE RETIREMENT APPROPRIATIONS: D9010.8 Fringe Benefits 4,100.00 TOTAL APPROPRIATIONS 4,100.00
SOCIAL SECURITY APPROPRIATIONS: D9030.8 Fringe Benefits 7,625.00 TOTAL APPROPRIATIONS 7,625.00
WORKER=S COMPENSATION APPROPRIATIONS: D9040.8 Fringe Benefits 8,300.00 TOTAL APPROPRIATIONS 8,300.00
DISABILITY INSURANCE APPROPRIATIONS: D9055.8 Fringe Benefits 500.00 TOTAL APPROPRIATIONS 500.00
HOSPITAL AND MEDICAL INSURANCE APPROPRIATIONS: D9060.8 Fringe Benefits 25,000.00 TOTAL APPROPRIATIONS 25,000.00
BOND ANTICIPATION NOTES: D9730.6 Debt Service - Principal 44,283.00 D9730.7 Debt Service – Interest 3,875.00 TOTAL APPROPRIATIONS 48,158.00
****************************************************************************************** State and Rev. Attr. Rev. not Attr. Appropriations Federal Aid To Function To Function
Legislative Board 170,871.00 46,478.00 4,617,591.00 Judicial 354,466.00 111,800.00 3,040.00 Finance 384,909.00 2,000.00 454,000.00 Staff 696,719.00 440,793.00 Shared Services 590,096.00 40,000.00 215,323.00 Special Items 396,383.00 35,000.00 Education 1,025,000.00 267,750.00 Public Safety 2,457,818.00 199,297.00 490,196.00 Public Health 3,659,806.00 1,566,476.00 2,173,152.00 Transportation 145,780.00 145,780.00 Social Services 8,418,331.00 4,744,174.00 397,400.00 Economic Programs 327,803.00 6,500.00 122,660.00 Programs for Aging 639,925.00 522,300.00 76,500.00 Youth Programs 186,044.00 67,460.00 70,417.00 County General 368,758.00 15,000.00 Undistributed 2,475,557.00 2,000.00 Interfund Transfers 2,041,454.00 Debt Service (General) 71,777.00 Co. Road Maint. 1,365,399.00 3,200.00 1,362,199.00 PROCEEDINGS OF THE YEAR 2003 237 Co. Road Perm Imp. 629,900.00 542,072.00 87,828.00 Debt Service (Co. Road) 149,518.00 149,518.00 Machinery 618,512.00 354,571.00 263,941.00 Debt Service (Machinery) 48,158.00 48,158.00 Reserve for Uncoll. Taxes
TOTAL 27,266,795.00 7,994,337.00 9,738,593.00 1,911,644.00
Estimated Revenues: State and Federal Aid 7,994,337.00 Attributable to Functions 9,738,593.00 Not Att. To Functions 1,911,644.00
Total Estimated Revenues 19,644,574.00 Appropriated Surplus 933,469.00 2002 Tax Levy 6,688,752.00 ******************************************************************************************
SUMMARY OF BUDGET All Funds Total Appropriations of all Funds (excluding Interfund Items) 25,355,341.00 Interfund Items 1,911,454.00 Total Appropriations 27,266,795.00 LESS: Estimated Revenues (excluding Interfund Revenues) 17,733,120.00 Interfund Items 1,911,454.00 Appropriated Cash Surplus to Reduce Tax Levy 933,469.00 Total Estimated Revenues and Appropriated Cash Surplus All Funds 20,578,043.00 General 900,000 County Road Machinery Stop DWI Reserve 25,302 Debt Service Reserve 8,167 Real Estate Levy 6,688,752.00 ******************************************************************************************
ESTIMATED CASH SURPLUS AND RESERVES AT END OF PRESENT FISCAL YEAR
General Fund Surplus Stop DWI County Road Surplus Machinery Surplus Debt Estimated cash surplus at end of present 2,535,200.00 113,650.00 26,300.00 46,600.00 fiscal year after deducting est. encumbrances
238 SCHUYLER COUNTY LEGISLATURE Estimated cash surplus and reserves approp. 900,000.00 25,302.00 8,167.00 by Board to reduce tax levy
RESERVE FUNDS: Reserve for Uncoll.Taxes: 223,000.00 Debt Service 21,908.00 Seized Assets 6,308.00 Stop DWI 113,650.00 Reserve for E 911 84,378.00 Reserve for Repairs 20,000.00 Reserve for Sick Bank 8,175.00
CONSITUTUIONAL TAX MARGIN: $3,225,489.00
RESOLUTION BY CATAGORY – 2003______239
AGREEMENTS AND CONTRACTS Res. No Date 14 1/13/03 Authorize Schuyler County Youth Bureau Resource Allocation Plan for 2003 and Related Contracts 19 1/13/03 Authorize Lease Agreement with Community Dispute Resolution Center - Buildings and Grounds 20 1/13/03 Authorize Lease Agreement with Schuyler County Youth Bureau – Buildings and Grounds 21 1/13/03 Adopt and Ratify Intergovernmental Agreement for Operation Of The Lamoka/Waneta Lakes Protection and Rehabilitation Districts And Appoint Commissioners/Directors 24 1/13/03 Authorize Contract Renewal with Finger Lakes Wine Country For 2003 45 1/13/03 Authorize Contract Renewal with Cornell Cooperative Extension Of Schuyler County for Recycling and Solid Waste Education And Coordination for the Year 2003 47 1/13/03 Authorize Contract with Barrett Funeral Home for Exhumation Services/ Transfer of Funds – District Attorney 58 2/10/03 Authorize Contract with the State Of New York For Clean Water/Clean Air Act Funds – Seneca Harbor Park 59 2/10/03 Authorize Contract with Hunt Engineers to Provide Construction Documents and Specifications, Bid Administration, Estimated Disbursements and Construction Administration – Seneca Harbor Park 60 2/10/03 A Resolution Authorizing Engineering Work in Connection With The Seneca Harbor Breakwater Project in and for the County of Schuyler, New York, at a Maximum Estimated Cost of $40,000; Authorizing the Issuance of $40,000 Bonds of Said County to Pay The Cost Thereof 61 2/10/03 Authorize Contract with Wood Consulting & Testing Services to Provide Construction Documents and Specifications, Bid Administration, Estimated Disbursements and Construction Administration at a Cost Of $40,000 – Seneca Harbor Park 66 2/10/03 Authorize Contracts for Families First Program for 2003 – Youth Bureau 75 2/10/03 Authorize Contract Renewal with Michelle Berliss for Psychological Services for 2003 – Mental Health 77 2/10/03 Authorize Contract Renewal with Miller Associates for Home Health Therapy Services for 2003 – Public Health 78 2/10/03 Authorize Contract Renewal with Pathways, Inc. for 2003 – Mental Health 79 2/10/03 Authorize Renewal Agreement with Health Care Compliance Enterprise – Mental Health 81 2/10/03 Amend Resolution No. 45-03 Titled - Authorize Contract Renewal with Cornell Cooperative Extension of Schuyler County for Recycling and Solid Waste Education and Coordination for the Year 2003 93 2/27/03 Authorize Contract with National Medical Services – District Attorney 97 3/10/03 Authorize Amendment to 2003 Alcoholism Services Agreement RESOLUTION BY CATAGORY – 2003______240 and 2003 County Budget – Mental Health 101 3/10/03 Authorize Contract Renewal with Stafkings Healthcare Systems for Home Health Services from 1/1/03-12/31/03 - Public Health 102 3/10/03 Authorize Contract Renewal with Yates County, as Lead Agency, for Corporate Compliance through the S²Ay Rural Health Network Public Health 104 3/10/03 Authorize Contract with The University of RochesterfFor HomMed Equipment – Public Health 105 3/10/03 Authorize Contract with the University of Rochester for HomMed Equipment – Public Health 110 3/10/03 Authorize Contract Renewal with Office for the Aging for Heap Outreach Services – Social Services 111 3/10/03 Authorization to Amend the New Directions Youth and Family Agreement for Non-Secure Detention – Social Services 123 3/10/03 Authorize Five-Year Agreement with Nts Data Services, Llc for Software and Maintenance – Board Of Elections 126 3/10/03 Authorize Contract Renewal with Michael Powers for Investigative Services – District Attorney 145 3/10/03 Authorize Copier Lease with Eastern Copy Products – Legislature And Public Health 151 4/16/03 Amend FLACRA TANF Agreement and Amend 2003 Budget – Mental Health 152 4/16/03 Authorize Agreement with Laidlaw Transit, Inc. for Transportation – Mental Health 156 4/16/03 Authorize Agreement with The ARC Of Schuyler County Glen Industries for a Peer Specialist and Amend 2003 Budget – Mental Health 157 4/16/03 Authorize Contract with Schuyler County Child Abuse Task Force, Inc. – Mental Health 160 4/16/03 Authorize Contract with EBS Benefit Solutions – Human Resources 170 4/16/03 Authorize Maintenance Agreement with Emergency Power Systems, Inc. – Buildings and Grounds 173 4/16/03 Authorize Acceptance in Anticipation of Receiving Multi-Modal Funds for the Replacement of Tug Hollow Bridge in the Village of Burdett- Highway 188 4/16/03 Authorize Contract Renewal with Michael Powers for Investigative Services – District Attorney 194 4/16/03 Authorize Memorandum of Agreement with the Deputy Sheriffs Association 206 5/12/03 Authorize Agreement with Family Services of Chemung County, Inc. for Crisis Services and Amend 2003 Budget - Mental Health 207 5/12/03 Amend Agreement with FLACRA and Amend 2003 Budget – Mental Health 208 5/12/03 Amend Agreement with Council on Alcoholism & Other Chemical Dependencies of the Finger Lakes, Inc. and Amend 2003 Budget – Mental Health 209 5/12/03 Authorize Memorandum of Agreement with Cynthia Terry, MD as Medical Director – Public Health 212 5/12/03 Authorize Agreement for TANF Services Plan – Social Services 216 5/12/03 Authorize Agreements for Joint Municipal Gravel Pit – Highway RESOLUTION BY CATAGORY – 2003______241 217 5/12/03 Authorize Agreement with the Krog Corporation – Seneca Harbor Park 219 5/12/03 Authorize Contract with EBS Benefit Solutions – Human Resources 222 5/12/03 Authorize Contract Renewal with Iron Mountain/National Underground Storage – County Clerk 223 5/12/03 Authorize Contract with STREMS to House MCI Trailer – Emergency Management 224 5/12/03 Authorize Agreement with Finger Lakes National Forest for Fire Suppression – Emergency Management 228 5/12/03 Authorize Contract with Health Care Compliance Enterprise, Llc For An Initial HIPAA Assessment 234 6/09/03 Authorize Contract Extension and Appropriation with Cornell Cooperative Extension for Recycling Education and Solid Waste Coordination for Remainder of 2003 239 6/09/03 Authorize Agreement with Watkins Glen Central School District for Transportation Services and Amend 2003 Budget – Mental Health 244 6/09/03 Authorize Contract with the Odessa-Montour Central School District – Records Management 255 6/09/03 Accept Proposal for Engineering Services from Hunt Engineering for Design Of Cr-23 Culvert – Highway 256 6/09/03 Authorize Engineering Consultant Agreement with Hunt Engineers for the Design of County Route 06 Bridge Replacement – Highway 261 6/09/03 Authorize Contract for Secretarial Services – District Attorney 263 7/14/03 Authorize Amendment to the FLACRA TANF Agreement and Amend 2003 Budget – Mental Health 264 7/14/03 Authorize Trading Partner Agreement and Trading Partner – Electronic Data Interchange for Preschool Supportive Health Services Program – Public Health 265 7/14/03 Authorize Agreement with Scott Forbes for Critical Incident Training and Amend 2003 Budget – Mental Health 272 7/14/03 Authorize Contract Renewal with Sentinel for Electronic Home Monitoring Program - Probation Department 282 7/14/03 Authorize Contract with Dell for Extended Warranty – Treasurer’s Office 283 7/14/03 Authorize Contract with the Town of Tyrone – Records Management 287 7/14/03 Authorize Contract for the New York State Crime Victim’s Board Grant – District Attorney 291 7/24/03 Authorize Contract with Hunt Engineers for Architectural Services for the District Attorney’s Office Space and Amend 2003 Budget – Buildings and Grounds 292 7/24/03 Authorize Agreement with Silverline for Removal of the County Route 16 Bridge Structure and the Installation and Removal of a Temporary Detour– Highway Department 293 7/24/03 Authorize Agreement with Hunt Engineers for Design Work for County Route 16 Bridge Replacement – Highway Department 295 8/04/03 Approval and Ratification of Collective Bargaining Agreement covering employees in the Schuyler County Administrative Unit RESOLUTION BY CATAGORY – 2003______242
297 8/11/03 Authorize Contract with Schuyler County Partnership for Economic Development (SCOPED) to administer the remaining Canal Corridor Initiative Program Funds 298 8/11/03 Agreement to be local sponsor for Snowmobile Trails Grant Application for Snowmobile Clubs 2003-2004 300 8/11/03 Amend Agreement with the University of Rochester for Equipment Rental of a Central Station – Public Health 303 8/11/03 Amend Agreement with Human Service Development for Emergency (Bioterrorism) Planning – Public Health 304 8/11/03 Authorize Agreement with Richard Kwitek for Outcome Evaluation of Home Monitoring System and Amend Budget – Public Health 307 8/11/03 Resolution Authorizing Non-Schuyler County Government Political Subdivisions to Participate in County Purchase Contracts 308 8/11/03 Authorize Lease Agreement with Families First Program – Buildings and Grounds 310 8/11/03 Authorize Maintenance Agreement with Bouille Electric, Inc. – Buildings and Grounds 312 8/11/03 Authorize Agreement with PSI, Inc. for Drilling Services – Highway Department 318 8/11/03 Authorize Stop DWI Plan for 2004 – Sheriff’s Department 329 9/08/03 Authorize Agreement with Dennis Morris for Legal Services – Office for the Aging 330 9/08/03 Authorize Agreement with Erie County for the Purchase of Software – Office for the Aging 331 9/08/03 Authorize Contract with Catholic Charities for Non-Residential Domestic Violence Services Round Three and Amend 2003 Budget – Social Services 337 9/08/03 Authorize Cleaning/Maintenance Contract with Schuyler County Court Facilities – Buildings and Grounds 339 9/08/03 Authorize Contract with Hunt Engineers, Architect, & Surveyors – Building and Grounds 340 9/08/03 Authorize Agreement with Empire State Forest Services – Buildings and Grounds 342 9/08/03 Authorize Agreement with Roy Teitsworth – Highway 350 9/08/03 Authorization for Chairman to Sign Use and Dissemination Agreement with New York State Division of Criminal Justice Services – Probation 358 9/08/03 Authorize Application and Contract for 2003/2004 NYS Aid to Prosecution Grant – District Attorney 364 10/14/03 Authorize Agreement with Health Research, Inc. and Amend 2003 County budget – Public Health 366 10/14/03 Authorize Contract with Schuyler Head Start – Mental Health 372 10/14/03 Authorize Transfer of Funds/Authorize Contract Addendum with Health Care Compliance Enterprise for Health Insurance Portability Accountability Act (HIPAA) Compliance 375 10/14/03 Authorize Lease Renewal with Cornell Cooperative Extension – Buildings and Grounds 376 10/14/03 Authorize Lease Renewal with Finger Lakes Alcoholism Counseling and Rehabilitation Association (FLACRA) – Buildings RESOLUTION BY CATAGORY – 2003______243 And Grounds 377 10/14/03 Authorize Monitoring Agreement Renewal with Sentry Alarm/CPE Communications for Fire Alarm Monitoring – Buildings and Grounds 378 10/14/03 Authorize Lease Renewal with the Schuyler County Youth Bureau - Buildings and Grounds 379 10/14/03 Authorize Amendments to the 2003 Lease Agreement with Families First – Buildings and Grounds 380 10/14/03 Authorize Lease Agreement with the Rape Crisis Center for 2003- 2004 – Buildings and Grounds 381 10/14/03 Authorize Lease Renewal with Families First – Buildings and Grounds 383 10/14/03 Accept Proposal from Dicks Enterprises for Deer Carcass Removal - Highway Department 384 10/14/03 Authorize Contract Renewal with Meteorlogix for Weather Station – Highway 385 10/14/03 Authorize Contract with Hunt Engineers for the Construction Inspection Services for County Route 16 Bridge Replacement – Highway Department 389 10/14/03 Authorize Intergovernmental Agreement with All Schuyler County Townships for Remote Connection to County Network – Information Technology Services 392 10/14/03 Authorize Agreement with Op-Tech Environmental Services, Inc. to Provide Emergency Response to Hazardous Material Conditions - Emergency Management 396 10/14/03 Authorize Contracts for Projects as a result of Flood Damage – Highway Department 400 10/14/03 Extend Agreement with Schuyler Hospital, Inc. for Homecare and Rehabilitation Therapy Services for 2002 – 2003 – Public Health 410 11/10/03 Authorize Contracts for Families First Program for the Year 2004 - Youth Bureau 411 11/10/03 Authorize Schuyler County Youth Bureau Resource Allocation Plan for 2004 and Related Contracts 415 11/10/03 Authorize Inter-Municipal Agreement with Chemung County to Share the Schuyler County Real Property Tax Director Position 416 11/10/03 Set Stipend for Additional Real Property Tax Director Services And Amend the 2003 Budget – Real Property Tax 420 11/10/03 Authorize Agreement with Globalstar, USA, LLC for Satellite Telephones – Public Health 421 11/10/03 Amend Contact with Schuyler Hospital, Inc. for Homecare and Rehabilitative Services for 2002 – 2003 – Public Health 423 11/10/03 Authorize Contract Renewal with All-Mode Communications – Buildings and Grounds 424 11/10/03 Authorize Lease Agreement with Watershed/Public Health – Buildings and Grounds 427 11/10/03 Authorize Contract with Hunt Engineers for Architectural Services For the District Attorney’s Office Space – Buildings and Grounds - As Amended 429 11/10/03 Authorize Rate Renewal with Blue Cross/Blueshield of Central New York for Health Insurance for the Year 2004 430 11/10/03 Authorize Rate Renewal with GHI for Dental Insurance for RESOLUTION BY CATAGORY – 2003______244 The Year 2004 462 12/08/03 Authorize Agreement with the New York State Department of Health for Reimbursement of Rabies Expenses and Amend the 2003 Budget – Public Health 464 12/08/03 Amend Agreement with Extradev, Inc. for Computer Services – Public Health 468 12/08/03 Authorize Contract Renewal with Dr. Savithri Satti – Community Services 469 12/08/03 Authorize Contract Renewal with the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc. for 2004 – Community Services 470 12/08/03 Authorize Contract Renewal with Finger Lakes Addictions Counseling and Referral Agency for Alcohol and Substance Abuse Services for 2004 – Community Services 471 12/08/03 Authorize Contract Renewal with Affiliated Psychological Consultants, PC – Community Services 472 12/08/03 Approval of the Office for the Aging 2004 Annual Implementation Plan for the Older Americans Act and New York State Community Services for the Elderly Programs 473 12/08/03 Authorize Contract Renewal with the Office for the Aging for the HEAP Administration – Social Services 478 12/08/03 Authorization Contract Renewal with Weiler Mapping, Inc. for Annual Tax Map Maintenance – Real Property Tax Service 482 12/08/03 Authorization Ongoing with Time Warner Cable/Road Runner for Internet Services – Information Technology 488 12/08/03 Approve Alternatives to Incarceration Service Plan – Probation 490 12/08/03 Authorize Contract Renewal with Motorola – Emergency Management 497 12/08/03 Authorize Agreement with DOT Commerce Incorporated for Web Page Creations – Information Technology Services 498 12/08/03 Authorize Memorandums of Agreement with the Deputy Sheriff’s Association 510 12/11/03 Authorize Agreement for Operational Expenses – Public Defender’s Office 525 12/29/03 Renew Agreement with Human Service Development for Emergency (BIOTERRORISM) Planning – Public Health
BIDS Res. No Date 16 1/13/03 Authorize Advertisement for Material Bids for the Highway Department for 2003 17 1/13/03 Authorize Advertisement for Utility Truck – Highway 28 1/13/03 Authorize Advertisement for Bids for Application and Monitoring Expenses for the Lamoka/Waneta Lakes Protection Rehabilitation District 57 2/10/03 Resolution Authorizing Advertisement for the Reconstruction of the Burdett Pedestrian Bridge on County Route 5 – Highway Department 133 3/10/03 Accept/Reject Bids for Application and Monitoring Expenses for the Lamoka/Waneta Lakes Protection Rehabilitation District 172 4/16/03 Accept/Reject Bids for Replacement of Tug Hollow Bridge Over RESOLUTION BY CATAGORY – 2003______245 Hector Falls Creek 174 4/16/03 Accept Bids for Asphalt Emulsions 175 4/16/03 Accept Bids for Bank Run Gravel, Modified Gravel, Sand & Select Granular Fill 176 4/16/03 Accept Bids for Bituminous Concrete Asphalt 177 4/16/03 Accept Bids for Cold Mix Stock Pile Patching Material 178 4/16/03 Accept/Reject Bids for Galvanized Pipe, Flared End Sections 179 4/16/03 Accept Bid for Guide rail 180 4/16/03 Accept Bids for Ice Control Sand 181 4/16/03 Accept Bids for Crushed Stone (Limestone) Crushed Gravel 182 4/16/03 Accept Bids for Pavement Markings 183 4/16/03 Accept Bids for Ready Mix Concrete, Concrete Retaining Wall Blocks 184 4/16/03 Accept Bids for Signs, Sign Posts, Extensions and Sign Blanks 230 5/12/03 Authorize Advertising for Bids for Transportation of Preschool Children with Disabilities from 7/1/03 - 6/30/2004 Public Health 258 6/09/03 Accept Bids for Transportation of Preschool Children with Disabilities from 7/1/03-6/30/04 – Public Health 271 6/09/03 Accept Bid for the Sale of the 2000 Tax Map Set 296 8/04/03 Accept Tax Auction BIDS 332 9/08/03 Accept/Reject Bids for the Replacement of Copiers for Schuyler County Offices for the Period 1/1/2004 – 12/31/2006 338 9/08/03 Accept/Reject Request for Proposals for Alarm Testing and Maintenance – Buildings and Grounds 340 9/08/03 Accept/Reject Bids for the Construction of County Road 16 Bridge Tributary to Meads Creek BIN #3332670 524 12/29/03 Authorize Advertisement and/or Purchase of Equipment/Vehicles - Highway
BOARDS/COUNCILS/AGENCIES Res. No Date 12 1/06/03 Appointment to the Municipal Electric and Gas Alliance (Mega) 15 1/13/03 Appointment to Alcohol and Substance Abuse Subcommittee – Mental Health 21 1/13/03 Adopt and Ratify Intergovernmental Agreement for Operation of the Lamoka/Waneta Lakes Protection and Rehabilitation Districts and Appoint Commissioners/Directors 30 1/13/03 One-Year Appointments 31 1/13/03 Two-Year Appointments 32 1/13/03 Appointment – Soil and Water Conservation Board Of Directors 33 1/13/03 Appointments – Schuyler County Industrial Development Agency (SCIDA) 34 1/13/03 Appointments – Emergency Medical and Highway Safety Committee 35 1/13/03 Appointments – Schuyler County Youth Board 36 1/13/03 Appointment – Cooperative Extension Service 37 1/13/03 Appointment – Community Services Board and Mental Retardation/ Developmental Disabilities Committee 38 1/13/03 Appointment – Southern Tier Central Regional Planning & Development Board 39 1/13/03 Appointment – Labor/Management Committee RESOLUTION BY CATAGORY – 2003______246 40 1/13/03 Appointment – Agriculture and Farmland Protection Board 41 1/13/03 Appointments – Auditing Committee 42 1/13/03 Appointment - Forest Practice Board 42 1/13/03 Appointment – Scoped Board of Directors 82 2/10/03 Appointment – Schuyler County Planning Commission 83 2/10/03 Appointment – Environmental Management Council 135 3/10/03 Appointment – Workforce Development Board 136 3/10/03 Appointments – Environmental Management Council 137 3/10/03 Appointments – Planning Commission 142 3/10/03 Appointment to S2ay Advisory Board 158 4/16/03 Authorize Appointment to the Schuyler County Youth Board 162 4/16/03 Appointment to the Computer Coordination Committee 190 4/16/03 Authorize Appointment to Southern Tier Regional Emergency Services (STREMS) Board of Directors and Council 192 4/16/03 Appointment – RSVP Advisory Council 193 4/16/03 Authorize Establishment of a Health Insurance Portability and Accountability Act (HIPAA) Committee 210 5/12/03 Authorize Appointment to the Schuyler County Youth Board 235 6/09/03 Authorize Change in Membership of County Planning Commission Members Due to New Legislation 280 7/14/03 Appointment - Schuyler County Industrial Development Agency (SCIDA) 327 9/08/03 Authorize Appointment to the Community Services Board and the Mental Health Subcommittee 353 9/08/03 Authorize Creation of Shared Services Committee 373 10/14/03 Resolution to Re-Establish the Health Insurance Review Committee 394 10/14/03 Re-Appointment of Ron Alexander to the Conditional Release Commission – Probation Department 409 11/10/03 Authorize Appointment to the Schuyler County Youth Board 419 11/10/03 Authorize Appointment to the Mental Health Subcommittee – Mental Health 438 11/10/03 Authorize Establishment of and Funding for a Sesquicentennial Committee 463 12/08/03 Authorize Appointments to the Community Services Board – Community Services 465 12/08/03 Authorize Appointment to the Mental Health Subcommittee – Community Services
BUDGET ITEMS Res. No Date 98 3/10/03 Amend Resolution No. 408-02 – 2002-2003 Early Intervention / Child Find / CSHCN Grant and Budget – Public Health 99 3/10/03 Amend 2002 County Budget – Mental Health 106 3/10/03 Amend 2003 Budget for FLACRA TANF Services Agreement – Mental Health 132 3/10/03 Authorization to Amend 2003 Budget – Youth Bureau 139 3/10/03 Authorize Transfer of Funds for Insurance – Highway 151 4/16/03 Amend FLACRA TANF Agreement and Amend 2003 Budget – Mental Health 207 5/12/03 Amend Agreement with FLACRA and Amend 2003 Budget – RESOLUTION BY CATAGORY – 2003______247 Mental Health 208 5/12/03 Amend Agreement with Council on Alcoholism & Other Chemical Dependencies of the Finger Lakes, Inc. and Amend 2003 Budget – Mental Health 213 5/12/03 Authorize Transfer of Funds to Pay Juvenile Delinquency Expenses - Social Services 236 6/09/03 Amend 2003 County Budget for Cost of Living Adjustment (Cola) – Mental Health 237 6/09/03 Amend 2003 Budget for a Southern Tier Tobacco Awareness Coalition Mini Grant – Public Health 238 6/09/03 Amend 2003 Budget for a Worksite Healthy Heart Mini Grant – Public Health 239 6/09/03 Authorize Agreement with Watkins Glen Central School District for Transportation Services and Amend 2003 Budget – Mental Health 257 6/09/03 Amend the 2003 County Road and Machinery Fund Budgets – Highway 263 7/14/03 Authorize Amendment to the FLACRA TANF Agreement and Amend 2003 Budget – Mental Health 265 7/14/03 Authorize Agreement with Scott Forbes for Critical Incident Training and Amend 2003 Budget – Mental Health 281 7/14/03 Authorization to Commit Not More Than $5,000 from the Fiscal Year 2004 Budget for the Purpose of Participating in the Development and Implementation of a Watkins Glen/Montour Falls Business District Improvement Strategy and to Enter Into an Inter-Municipal Agreement to Establish an Advisory Board to Oversee Development and Implementation of this Improvement Strategy 302 8/11/03 Authorize Transfer of Funds for Healthy Heart Worksite Mini Grant – Public Health 304 8/11/03 Authorize Agreement with Richard Kwitek for Outcome Evaluation of Home Monitoring System and Amend Budget – Public Health 305 8/11/03 Amend Management/Confidential Salary Plan Factor Rating System and Salary Ranges 311 8/11/03 Authorize transfer of Funds to Purchase Computer – Highway Department 320 8/11/03 Authorize Transfer of Funds for Health Care Compliance Enterprise for HIPAA Assessment 323 8/11/03 Authorize Defense – Cook – VS – County of Schuyler, ET AL 331 9/08/03 Authorize Contract with Catholic Charities for Non-Residential Domestic Violence Services Round Three and Amend 2003 Budget – Social Services 336 9/08/03 Authorize Transfer of Funds for Truck Repair – Weights and Measures 343 9/08/03 Authorize Transfer of Funds from Permanent Improvements to Reconstruction of CR 16 Bridge BIN #3332670 – Highway 346 9/08/03 Authorize Transfer of Funds from Contingency to Pay for Salaries - Board of Elections 347 9/08/03 Authorize Transfer of Funds to Purchase Laptop Computer and Projector – Emergency Management RESOLUTION BY CATAGORY – 2003______248 348 9/08/03 Authorize Transfer of Funds to Purchase a Voice Recorder for the The 911 Center – Emergency Management 361 10/14/03 Authorize 2003 – 2004 Early Intervention/Child Find/CSHCN Grant and Establish Budget – Public Health 364 10/14/03 Authorize Agreement with Health Research, Inc. and Amend 2003 County budget – Public Health 368 10/14/03 Authorize Increase in Medicaid Transportation Reimbursement Rate – Social Services 372 10/14/03 Authorize Transfer of Funds/Authorize Contract Addendum with Health Care Compliance Enterprise for Health Insurance Portability Accountability Act (HIPAA) Compliance 374 10/14/03 Authorize Transfer of Funds to Cover Retroactive Union Salaries And Cost of Living Adjustments – Treasurers 402 10/14/03 Authorize Transfer of Funds – District Attorney 403 10/14/03 Amend Resolution No. 346-03/Authorize Transfer of Funds from Contingency to Pay for Salaries – Board of Elections – Failed 404 10/14/03 Endorse Concept of Part-time Public Defender Office for Preliminary Budget Purposes 415 11/10/03 Authorize Inter-Municipal Agreement with Chemung County to Share the Schuyler County Real Property Tax Director Position 416 11/10/03 Set Stipend for Additional Real Property Tax Director Services And Amend the 2003 Budget – Real Property Tax 417 11/10/03 Authorize Distribution of Federal Salary Sharing Funds and Amend 2003 County Budget – Mental Health 422 11/10/03 Authorize Transfer of Funds – Mental Health 425 11/10/03 Authorize Transfer of Funds for Navigation – Sheriff’s Department 443 11/10/03 Amend the 2003 County Road and Machinery Fund Budgets – Highway 448 11/19/03 Authorize Transfer of Funds from Maintenance of Roads to Administration – Highway Department 449 11/19/03 Authorize Transfer of Funds from Contingency to Community Colleges, Coroner and Justice of the Peace 450 11/19/03 Alteration of Tenative Budget Pursuant to County Law Section 358 – Social Services – Failed 451 11/19/03 Authorize Filling the Mobile Work Crew Supervisor Position – Social Services – Failed 452 11/19/03 Alterations of Tentative Budget Pursuant to County Law Section 358 – Finger Lakes Wine County 453 11/19/03 Alterations of Tentative Budget Pursuant to County Law Section 358 – Social Services 454 11/19/03 Alterations of Tentative Budget Pursuant to County Law Section 358 – Chamber of Commerce 455 11/19/03 Alteration of Tentative Budget Pursuant to County Law Section 358 – Public Defender 456 11/19/03 Alteration of Tentative Budget Pursuant to County Law Section 358 – Contingency 459 12/01/03 Alteration of Tentative Budget Pursuant to County Law Section 358 – County Clerk 462 12/08/03 Authorize Agreement with the New York State Department of Health for Reimbursement of Rabies Expenses and Amend the 2003 Budget – Public Health RESOLUTION BY CATAGORY – 2003______249 467 12/08/03 Authorize Transfer of Funds for Bond Payments – Mental Health 474 12/08/03 Amend Department of Social Services 2003 Budget 495 12/08/03 Authorization to Apply for Byrne Anti-Drug Funds – Sheriff’s Department 496 12/08/03 Amend the 2003 Machinery Fund Budget – Highway 500 12/08/03 Alteration of Tentative Budget Pursuant to County Law Section 358 506 12/11/03 Alteration of Tentative Budget Pursuant to County Law Section 358 – Mental Health 507 12/11/03 Alteration of Tentative Budget Pursuant to County Law Section 358 – Public Defender - Failed 508 12/11/03 Alteration of Tentative Budget Pursuant to County Law Section 358 – Public Defender - Failed 509 12/11/03 Alteration of Tentative Budget Pursuant to County Law Section 358 – Public Defender 512 12/11/03 Adoption of Schuyler County Budget for 2004 513 12/11/03 Appropriate the Several Amounts Specified in Budget in Column Entitled “2004 514 12/11/03 2004 Budget of $30,572,154.00: Legislature to Determine Town Contribution to County Taxes and Issue Certificate to Each Town 518 12/18/03 Authorize 2003 Budget Modification and Transfer of Funds – Office for the Aging 528 12/29/03 Amend Department of Social Services 2003 Budget
DIRECTIVES Res. No Date 6 1/13/03 Conform To "Rules of Procedure" 191 4/16/03 Establish Hiring Directive for 2003 – Failed 439 11/10/03 Authorize Revision of County Hiring Directive
FINANCIAL Res. No Date 5 1/06/03 Designation of Depositories for Schuyler County Funds 10 1/06/03 Schedule of Salaries for 2003 18 1/13/03 A Resolution Authorizing the Purchase of Various Vehicles and Equipment in and for the County of Schuyler, New York, at a Total Maximum Estimated Cost of $119,000, and Authorizing the Issuance of $119,000 Bonds of Said County to Pay the Costs thereof 46 1/13/03 Amend 2003 Salary Schedule 74 2/10/03 Authorize Purchase of Equipment/Transfer of Funds – Board of Elections 84 2/10/03 Authorize Payment to Barrett Funeral Home/Transfer of Funds – District Attorney 124 3/10/03 Authorize Transfer of Funds for Personal Services – District Attorney 138 3/10/03 Authorize Transfer of Funds for Insurance – Unallocated Insurance 140 3/10/03 Authorize Petty Cash for the Emergency Management Office 169 4/16/03 Authorize Transfer of Funds for Truck Repairs – Weights and RESOLUTION BY CATAGORY – 2003______250 Measures 220 5/12/03 Set Thresholds and Useful Lives for Capital Assets for GASB 34 241 6/09/03 Authorize Transfer of Funds for Use of E-911 Reserve – Emergency Management 247 6/09/03 Authorize Transfer of Funds for Conference Expenses – Board of Elections 248 6/09/03 Authorize Transfer of Funds to Purchase a Computer – Office For The Aging 253 6/09/03 Authorize Transfer of Funds to Town of Hector for the Sale of Timber on Federally Owned Entitlement Land 269 7/14/03 Authorize Transfer of Funds to Purchase Equipment – Buildings and Grounds 270 7/14/03 Authorize Transfer of Funds to Purchase an Orthopedic Chair – County Attorney’s Office 274 7/14/03 Authorize Increase in Coroner Fee and Administrative Payment to Chief Coroner for 2004 275 7/14/03 Authorize Transfer of Funds from Contingency– Coroner 279 7/14/03 Authorize Transfer of Funds from Seized Assets – Sheriff’s Department 302 8/11/03 Authorize Transfer of Funds for Healthy Heart Worksite Mini Grant – Public Health 304 8/11/03 Authorize Agreement with Richard Kwitek for Outcome Evaluation of Home Monitoring System and Amend Budget – Public Health 311 8/11/03 Authorize transfer of Funds to Purchase Computer – Highway Department 320 8/11/03 Authorize Transfer of Funds for Health Care Compliance Enterprise for HIPAA Assessment 323 8/11/03 Authorize Defense – Cook – VS – County of Schuyler, ET AL 330 9/08/03 Authorize Agreement with Erie County for the Purchase of Software – Office for the Aging 336 9/08/03 Authorize Transfer of Funds for Truck Repair – Weights and Measures 343 9/08/03 Authorize Transfer of Funds from Permanent Improvements to Reconstruction of CR 16 Bridge BIN #3332670 – Highway 345 9/08/03 Authorize Sale of Abandoned State Highway Property on Buck Hill Road – Highway Department 346 9/08/03 Authorize Transfer of Funds from Contingency to Pay for Salaries - Board of Elections 347 9/08/03 Authorize Transfer of Funds to Purchase Laptop Computer and Projector – Emergency Management 348 9/08/03 Authorize Transfer of Funds to Purchase a Voice Recorder for the The 911 Center – Emergency Management 352 9/08/03 Authorizing the Implementation and Funding in the First Instance 100% of the Federal Aid-Eligible Costs, of a Transportation Federal-Aid Emergency Relief Project, to Full Fund The Local Share of Federal-Aid Eligible and Ineligible Project Costs and Appropriating Funds Therefore – Highway 359 9/08/03 Authorize Change in Funding Method for Payment to County for Lands in National Forest System – Finger Lakes National Forest 363 10/14/03 Authorize out of State Travel for Dr. Dascalu – Mental Health RESOLUTION BY CATAGORY – 2003______251 368 10/14/03 Authorize Increase in Medicaid Transportation Reimbursement Rate – Social Services 372 10/14/03 Authorize Transfer of Funds/Authorize Contract Addendum with Health Care Compliance Enterprise for Health Insurance Portability Accountability Act (HIPAA) Compliance 374 10/14/03 Authorize Transfer of Funds to Cover Retroactive Union Salaries And Cost of Living Adjustments – Treasurer 391 10/14/03 Authorize Funding Immunizations to the Humane Society Employees Handling Dogs and Cats at the Clinic – Sheriff’s Department 395 10/14/03 Authorize Transfer of Funds for Expert Witness Expense – District Attorney 402 10/14/03 Authorize Transfer of Funds – District Attorney 403 10/14/03 Amend Resolution No. 346-03/Authorize Transfer of Funds from Contingency to Pay for Salaries – Board of Elections – Failed 408 11/10/03 Authorize Transfer of Funds to Pay for Expenditures in the Department of Social Services 417 11/10/03 Authorize Distribution of Federal Salary Sharing Funds and Amend 2003 County Budget – Mental Health 418 11/10/03 Authorize Transfer of Funds for Early Intervention/Child Find/SCHCN Grant – Public Health 422 11/10/03 Authorize Transfer of Funds – Mental Health 425 11/10/03 Authorize Transfer of Funds for Navigation – Sheriff’s Department 436 11/10/03 Authorize Purchase of Mortgage Tax Book – County Clerk 437 11/10/03 Authorize Advertisement to Fill Full-Time Public Defender Position 438 11/10/03 Authorize Establishment of and Funding for a Sesquicentennial Committee 448 11/19/03 Authorize Transfer of Funds from Maintenance of Roads to Administration – Highway Department 449 11/19/03 Authorize Transfer of Funds from Contingency to Community Colleges, Coroner and Justice of the Peace 467 12/08/03 Authorize Transfer of Funds for Bond Payments – Mental Health 474 12/08/03 Amend Department of Social Services 2003 Budget 495 12/08/03 Authorization to Apply for Byrne Anti-Drug Funds – Sheriff’s Department 503 12/08/03 Authorize Transfer of Funds from County Road Snow Removal – Highway Department 505 12/11/03 Authorize Transfer of Funds for Overtime – Highway Department 518 12/18/03 Authorize 2003 Budget Modification and Transfer of Funds – Office for the Aging 520 12/29/03 Authorize Transfer of Funds – Various Departments 522 12/29/03 Authorize Transfer of Funds – Various Departments
GRANTS Res. No Date 23 1/13/03 Authorize Bishop Sheen Ecumenical Housing Foundation to Apply for a Home Program Grant and a Community Development Block Grant (CDBG) on Behalf of Schuyler County 52 2/10/03 Authorize Grant Application with State Emergency Management Office RESOLUTION BY CATAGORY – 2003______252 53 2/10/03 Authorize Grant Application with Federal Emergency Management Agency under the Federal Fiscal Year 2002 Emergency Supplemental Appropriations Bill 54 2/10/03 Authorize Grant Application with New York State Division of Criminal Justice Services for Canine Vehicle – Sheriff’s Department 56 2/10/03 Resolution in Support of the Application for the Industrial Access Program (IAP) Grant for the Village of Odessa to Use for the Parmenter Industrial Access Road which is Included in the Empire Development Zone – Highway Department 76 2/10/03 Authorize Application for an “Eat Well, Play Hard” Grant through the New York State Department of Health – Public Health 108 3/10/03 Establish 2003–2004 Immunization Grant Budget – Public Health 129 3/10/03 Authorize Grant Application for Wireless E-911 Services – Emergency Management 141 3/10/03 Authorization to Apply for Byrne Anti-Drug Funds – Sheriff’s Department 143 3/10/03 Authorize Grant Application with New York State Division of Veterans Affairs – Veterans Service Agency 166 4/16/03 Authorize Grant Application for Federal Emergency Management Agency Disaster Mitigation Grant – Emergency Management 196 4/16/03 Authorize Application for 2003-2004 Crime Victims Board Grant Through New York State Crime Victims Board – District Attorney 197 4/16/03 Authorize Grant Application for Triangle Fund Grant – Youth Bureau 225 5/12/03 Authorize Grant Application with State Emergency Management Agency under the New York State Emergency Response Commission – Emergency Management 242 6/09/03 Authorize Grant Application and Subsequent Contract for Step Grant – Sheriff’s Department 287 7/14/03 Authorize Contract for the New York State Crime Victim’s Board Grant – District Attorney 298 8/11/03 Agreement to be local sponsor for Snowmobile Trails Grant Application for Snowmobile Clubs 2003-2004 302 8/11/03 Authorize Transfer of Funds for Healthy Heart Worksite Mini Grant – Public Health 316 8/11/03 Authorization to Apply for Byrne Anti-Drug Funds – Sheriff’s Department 358 9/08/03 Authorize Application and Contract for 2003/2004 NYS Aid to Prosecution Grant – District Attorney 361 10/14/03 Authorize 2003 – 2004 Early Intervention/Child Find/CSHCN Grant and Establish Budget – Public Health 393 10/14/03 Authorize 2002-2003 Grant Applications with the State Homeland Security Grant Program, Coordinated by New York State Weapons Of Mass Destruction Task Force – Emergency Management 412 11/10/03 Authorize Grant Application for Youth Garden Grant – Youth Bureau 428 11/10/03 Authorize Grant Application for Wireless E-911 Services – Emergency Management 491 12/08/03 Authorize Grant Application for 2003 Fire Prevention and Safety RESOLUTION BY CATAGORY – 2003______253 Grant – Emergency Management 492 12/08/03 Authorize Grant Application for Prevention of Residential Fire- Related Injuries Grant – Emergency Management 517 12/16/03 Resolution in Support of a Schuyler County Citizen Corps Council and Authorize Schuyler County to be the Lead Agent in Applying for a Grant 526 12/29/03 Authorizing the Filing of an Application for a DELL Recycling Grant for Computer Recycling and Signing of the Associated Contract, Under the Appropriate Laws
INSURANCE MATTER Res. No Date 372 10/14/03 Authorize Transfer of Funds/Authorize Contract Addendum with Health Care Compliance Enterprise for Health Insurance 373 10/14/03 Resolution to Re-Establish the Health Insurance Review Committee
LOCAL LAWS Res. No Date 22 1/13/03 Local Law Intro. No. 1 of the Year 2003 Amending Local Law No. 12 of 2000 to Revise an Empire Zone (Formerly Known as an Economic Development Zone) 27 1/13/03 Local Law Intro. No. 9 of the Year 2002/Local Law No. 2 of the Year 2003 Setting Salaries for Certain Public Officers for the Year 2003 91 2/27/03 Local Law Intro. No. 1/Local Law No. 1 of the Year 2003 Amending Local Law No. 12 of the Year 2000 to Revise an Empire Zone (Formerly Known as an Economic Development Zone) 168 4/16/03 Local Law Intro. No. 2/Local Law No. 3 of the Year 2003 Setting the Salary of The Assistant District Attorney (Full-Time) 218 5/12/03 Local Law Intro. No. 3/Local Law No. of the Year 2003 Setting the Salary for the Position of County Treasurer – As Amended 250 6/09/03 Local Law Intro. No. 3/Local Law No. 4 of the Year 2003 Setting the Salary for the Position of County Treasurer 371 10/1/4/03 Local Law Intro No. 4 of the Year 2003 Setting Salaries for Certain Public Officers for the Year 2004 397 10/14/03 Local Law Intro. No. 5 of the Year 2003 Amending Local Law No. 2 of 1988 to Increase the Room Tax from 2% to 4% 431 11/10/03 Local Law Intro. No. 4 of the Year 2003 Setting Salaries for Certain Public Officers for the Year 2004 432 11/10/03 Local Law Intro. No. 5/Local Law No. of the Year 2003 Amending Local Law No. 2 of 1998 to Increase the Room Tax from 2% to 4% - Failed 458 12/01/03 Local Law Intro. No. 6./Local Law No. ______of the Year 2003 Establishing a Schuyler County Motor Vehicle Use Tax 483 12/08/03 Local Law Intro. No. 4 of the Year 2003/Local Law No. 1 of the Year 2004 Setting Salaries for Certain Public Officers for the Year 2004 RESOLUTION BY CATAGORY – 2003______254 516 12/16/03 Local Law Intro. No. 6./Local Law No. 5 of the Year 2003 Establishing a Schuyler County Motor Vehicle Use Tax
MISCELLANEOUS Res. No Date 1 1/06/03 Close Nominations - 2003 Chairperson of the Schuyler County Legislature 3 1/06/03 "Continuity of Local Government" for 2003 4 1/06/03 Designation of Legal County Newspaper 13 1/13/03 Approve Minutes of the May 13, 2002 Regular Meeting, June 10, 2002 Regular Meeting and June 17, 2002 Special Meeting of the Schuyler County Legislature 18 1/13/03 A Resolution Authorizing the Purchase of Various Vehicles and Equipment in and for the County of Schuyler, New York, at a Total Maximum Estimated Cost of $119,000, and Authorizing the Issuance of $119,000 Bonds of Said County to Pay the Costs Thereof 25 1/13/03 Resolution in Support of Joining Southern Tier Organization to Reform Medicaid (Storm) 26 1/13/03 Authorize Letter to Erie County in Support of their Efforts Regarding Medicaid Reform 44 1/13/03 Motion to Bring Three (3) Resolutions to the Floor 48 2/03/03 Ratification of Special Meeting 50 2/10/03 Approve Minutes of the July 8, 2002 Regular Meeting of the Schuyler County Legislature 51 2/10/03 Authorize Policy Setting Forth Responsibility for Private Road Signs throughout Schuyler County – Emergency Management 55 2/10/03 Approve Alternatives to Incarceration Service Plan – Probation 64 2/10/03 Approve Declare Computer/Printer Surplus – Youth Bureau 65 2/10/03 Delegate Authority to Sign Amendments – Youth Bureau 74 2/10/03 Authorize Purchase of Equipment/Transfer of Funds – Board of Elections 80 2/10/03 Authorize Four (4) Resolutions to be brought to the Floor 85 2/10/03 Oppose Closing of the Elmira Psychiatric Center 86 2/27/03 Ratification of Special Meeting Call 92 2/27/03 Resolution Requesting the Commissioner of Economic Development to Approve the Schuyler County Empire Zone Boundary Revision 94 3/10/03 Approve Minutes of the August 12, 2002 Regular Meeting, August 27, 2002 and September 3, 2002 Special Meetings of the Schuyler County Legislature 95 3/10/03 Resolution Urging New York State to Continue Financial Support for a Completed I86 Highway through New York’s Southern Tier and Hudson Valley 96 3/10/03 Resolution in Support of the Reauthorization of the Transportation Equity Act for the 21st Century 100 3/10/03 Recognize April as Alcohol Awareness Month – Mental Health 103 3/10/03 Recognize April 7 – 13, 2003 as National Public Health Week – Public Health 107 3/10/03 Authorize Approval of the Lead Poisoning Prevention Program 2003 – 2004 – Public Health RESOLUTION BY CATAGORY – 2003______255 109 3/10/03 Authorize out of State Travel – Public Health 113 3/10/03 Adoption of the Amended and Restated Deferred Compensation Model Plan 116 3/10/03 Resolution in Support of Converting Chips O & M to Chips Capital – Highway Department 117 3/10/03 Authorize the Implementation and Funding in the First Instance 100% of the Federal Aid and State “Marchiselli” Program-Aid Eligible Costs, of a Transportation Federal-Aid Project, And Appropriating Funds therefore for County Route 6 Bridge Replacement Over Taughannock Creek – Highway Department 130 3/10/03 Amend Schuyler County Policies and Procedures Relative to Photo Identification Cards for County Employees 134 3/10/03 Resolution Authorizing the Issuance of Not Exceeding $214,005.00 Bonds of the County of Schuyler, New York, to Pay the Cost of Improvements in Connection with the Establishment of the Lamoka/Waneta Lakes Aquatic Vegetation Control & Water Quality District (Commonly Referred to and Hereafter to be Officially Known as The “Schuyler County Lamoka/Waneta Lakes Protection and Rehabilitation District”) in and for Said County 144 3/10/03 Authorize Amendment to the Schuyler County Code of Ethics 146 3/10/03 Motion to Bring One (1) Resolution to the Floor 147 3/10/03 Resolution in Opposition of the President’s Proposal to Change the Purpose of or the Administrative Format of Head Start - As Amended 148 4/16/03 Approve Minutes of the September 9, 2002 Regular Meeting, September 18, 2002 Special Meeting, October 7, 2002 Special Meeting, October 15, 2002 Regular Meeting, October 30, 2002 Special Meeting and November 12, 2002 Regular Meeting of the Schuyler County Legislature 149 4/16/03 Amend Resolution No. 161-02 – Small Cities Economic Development Grant for Former Shepard Niles Premises / Authorize Use of Funds for Economic Development for Shepard Niles Premises 150 4/16/03 Resolution Urging the New York State Legislature to Enact an Updated and Expanded Bottle Bill 153 4/16/03 Recognize Month of May as “Mental Health Month” – Mental Health 154 4/16/03 Recognize May 6 – 12, 2003 as National Nurses Week – Public Health 155 4/16/03 Policy for Establishing Eligibility Criteria for the Physically Handicapped Children’s Program (PHCP) – Public Health 159 4/16/03 Authorize Petty Cash for the Human Resources Department 161 4/16/03 Recognize Week of April 27-May 3, 2003 as “National Volunteer Week” 164 4/16/03 Authorize the Sheriff to Notify Cellular Phone Providers on Redirecting 911 Calls 165 4/16/03 Authorize Memorandum of Understanding with the Town of Hector for Court Officers Services – Sheriff’s Department 171 4/16/03 Declare Equipment Surplus for Public Auction 187 4/16/03 Resolution Requesting the New York State Legislature to Enact Legislation Allowing Schuyler County to Increase its Room Tax RESOLUTION BY CATAGORY – 2003______256 To 4% 195 4/16/03 Motion to Bring Two (2) Resolutions to the Floor 198 5/02/03 Ratification of Special Meeting Call 201 5/12/03 Authorize out of Country Travel – Mental Health 203 5/12/03 Support the Amendment of New York Mental Hygiene Law Subsection 43.03 (C) – Mental Health 204 5/12/03 Recognize May 11 – 17, 2003 as National Women’s Health Week – Public Health 205 5/12/03 Recognize June 9 – 15, 2003 as National Men’s Health Week – Public Health 211 5/12/03 Authorize Youth Bureau/Watkins Glen International Raceway Employment Program 214 5/12/03 Clarification on Second Railroad Crossing into Seneca Harbor Park 221 5/12/03 Resolution to Declare Equipment Surplus – Real Property Tax Service 229 5/12/03 Motion to Bring Three (3) Emergency Resolutions to the Floor 231 5/12/03 Resolution Requesting the New York State Legislature to Pass Senate Bill S.3327 and Assembly Bill A.7185 Authorizing an Additional 1% Sales Tax for Schuyler County Pursuant to Section 40 of the Municipal Home Rule Law 232 5/12/03 Resolution Requesting the New York State Legislature to Pass Senate Bill S.3413 and Assembly Bill A.7348 Authorizing an Additional 2% Room Tax for Schuyler County Pursuant to Section 40 of the Municipal Home Rule Law 233 6/09/03 Approve Minutes of the November 25, 2002 Special Meeting, December 3, 2002 Special Meeting, December 5, 2002 Special Meeting, December 9, 2002 Regular Meeting, December 11, Public Hearing, December 11, 2002 Special Meeting, December 19, 2002 Special Meeting and December 27, 2002 Year End Meeting of the Schuyler County Legislature 249 6/09/03 Accept and Recommend Approval of the Facilities Master Plan for Corning Community College 262 7/14/03 Approve Minutes of the January 6, 2003 Organizational Meeting, January 13, 2003 Regular Meeting, February 3, 2003 Special Meeting, February 10, 2003 Regular Meeting, February 27, 2003 Special Meeting, March 10, 2003 Regular Meeting, April 14, 2003 Regular Meeting, May 2, 2003 Special Meeting and May 12, 2003 Regular Meeting of the Schuyler County Legislature 267 7/14/03 Resolution of the Legislature of the County of Schuyler, Electing Temporary Exemptions from Sales and Compensating Use Taxes for Receipts from Retail Sales of, and Consideration Given or Contracted to be Given for, Certain Clothing and Footwear 273 7/14/03 Annual Update of the 2004 Pins Diversion Plan-Probation Department 276 7/14/03 Declare Vehicle Surplus and Transfer to the Monterey Fire Department– Sheriff’s Department 278 7/14/03 Declare Equipment Surplus – Sheriff’s Department 281 7/14/03 Authorization to Commit Not More Than $5,000 from the Fiscal Year 2004 Budget for the Purpose of Participating in the RESOLUTION BY CATAGORY – 2003______257 Development and Implementation of a Watkins Glen/Montour Falls Business District Improvement Strategy and to Enter Into an Inter-Municipal Agreement to Establish an Advisory Board to Oversee Development and Implementation of this Improvement Strategy 284 7/14/03 New York Tourist Promotion Act Designation by County of Official Tourist Promotion Agency 2003-2004 286 7/14/03 Authorization to Bring Two (2) Resolutions to the Floor 289 7/24/03 Ratification of Special Meeting Call 294 8/04/03 Ratification of Special Meeting Call 295 8/04/03 Approval and Ratification of Collective Bargaining Agreement Covering employees in the Schuyler County Administrative Unit 297 8/11/03 Authorize Contract with Schuyler County Partnership for Economic Development (SCOPED) to administer the remaining Canal Corridor Initiative Program Funds 299 8/11/03 Adopt the revisions to Agricultural District #1 comprising certain lands in the Towns of Hector and Montour 301 8/11/03 Recognize September as National Alcohol and Drug Addiction Recovery Month – Mental Health 306 8/11/03 Declare Equipment Surplus – Human Resources Department 307 8/11/03 Resolution Authorizing Non-Schuyler County Government Political Subdivisions to Participate in County Purchase Contracts 309 8/11/03 Adopt an Amended Schuyler County Cellular Phone Policy 314 8/11/03 Authorize Letter of Interest for Participation in the State-Wide Wireless Network 315 8/11/03 Authorization for Chairman to Sign Commitment Letter with New York State Division of Probation and Correctional Alternatives – Probation 317 8/11/03 Authorize Transfer of Vehicle from Sheriff’s Department to Central Garage for Use by the Office of Emergency Management 321 8/11/03 Motion to Bring Two (2) Resolutions to the Floor 324 8/28/03 Motion to go into Executive Session 326 9/08/03 Approve Minutes of the June 9, 2003 Regular Meeting, the June 23, 2003 Public Hearing and the July 14, 2003 Regular Meeting Of the Schuyler County Legislature 327 9/08/03 Authorize Appointment to the Community Services Board and the Mental Health Subcommittee 333 9/08/03 Declare Equipment Surplus – Highway Department 334 9/08/03 Authorize Amendment to the Schuyler County Code of Ethics 335 9/08/03 Authorize Change in Civil Service Fees 344 9/08/03 Amend Schuyler County Policies and Procedures Relative to Use Of Personal Vehicles 345 9/08/03 Authorize Sale of Abandoned State Highway Property on Buck Hill Road – Highway Department 349 9/08/03 Authorize Emergency Management Office to Provide Mutual Aid To Other Counties 355A 9/08/03 Motion to Table Resolution No. 355 – Failed 355 9/08/03 Resolution Supporting the New York State Certified Apprenticeship Program – Failed 356 9/08/03 Resolution to Recommend that the New York State Regional Office of the Department of Health Grant the Montour Moose RESOLUTION BY CATAGORY – 2003______258 Lodge #426 a Waiver from the No Smoking Ban 357 9/08/03 Motion to Bring Two (2) Resolutions to the Floor 360A 10/14/03 Motion to Table Resolution No. 360 360 10/14/03 Authorize Chairman of Legislature to Sign Petition to Village of Watkins Glen Requesting a Village Resolution Authorizing Preparation of a District Plan for a Watkins Glen Business Improvement District – Tabled 363 10/14/03 Authorize out of State Travel for Dr. Dascalu – Mental Health 367 10/14/03 Authorize Change in Criteria for the Physically Handicapped Children’s Program – Public Health 368 10/14/03 Authorize Increase in Medicaid Transportation Reimbursement Rate – Social Services 382 10/14/03 Adopt Policy and Procedure for the use of the Central Garage – Highway 387 10/14/03 Request State to Abandon Maintenance Jurisdiction of Land in The Town of Catharine Acquired for Highway 389 10/14/03 Authorize Intergovernmental Agreement with All Schuyler County Townships for Remote Connection to County Network – Information Technology Services 390 10/14/03 Resolution Advocating a Voter-Verified Paper Trail in our Voting Machines – Board of Elections 401 10/14/03 Authorize Four (4) Resolutions be Brought to the Floor 405 10/14/03 Resolution Supporting the New York State Certified Apprenticeship Program 406 11/10/03 Approve Minutes of the July 24, 2003 Special Meeting, the August 04, 2003 Special Meeting, the August 11, 2003 Regular Meeting, the August 28, 2003 Special Meeting, the September 8, 2003 Regular Meeting and the October 14, 2003 Regular Meeting Of the Schuyler County Legislature 407 11/10/03 Designation of the Agriculture Farmland and Protection Board as The Lead Agency for SEQR Review for Agricultural District #1 413 11/10/03 Delegate Authority to Sign Amendments – Youth Bureau 414 11/10/03 Declare Equipment Surplus – Real Property Tax Agency 426 11/10/03 Designation of the Communications Center as the County’s Public Safety Answering Point 434 11/10/03 Set Dates for Special Meetings of the Legislature 435 11/10/03 Half-Day Holiday Adopted for All County Employees 442 11/10/03 Authorize Two (2) Resolutions be brought to the Floor 444 11/10/03 Set Tax Auction Sale Date/Authorize Chairman to Sign “Notice To Vacate” 360 11/10/03 Authorize Chairman of Legislature to Sign Petition to Village of Watkins Glen Requesting a Village Resolution Authorizing Preparation of a District Plan for a Watkins Glen Business Improvement District 445 11/19/03 Ratification of Special Meeting 457 12/01/03 Ratification of Special Meeting 485 12/08/03 Set Date – 2003 Year End Meeting of the Schuyler County Legislature 486 12/08/03 Set Date – 2004 Organizational Meeting of the Schuyler County Legislature 493 12/08/03 Adopt a Revised Schuyler County Comprehensive Emergency RESOLUTION BY CATAGORY – 2003______259 Plan 499 12/08/03 A Resolution Regarding the USA Patriot Act II and the Protection Of Civil Rights and Liberties 501 12/08/03 Motion to Bring Two (2) Resolutions to the Floor 504 12/11/03 Ratification of Special Meeting 515 12/16/03 Ratification of Special Meeting 517 12/16/03 Resolution in Support of a Schuyler County Citizen Corps Council and Authorize Schuyler County to be the Lead Agent in Applying for a Grant 519 12/29/03 Approve Minutes of the November 10, 2003 Special Meeting of The Schuyler County Legislature 521 12/29/03 Dedication of 2003 Proceedings
NEGOTIATIONS Res. No Date 194 4/16/03 Authorize Memorandum of Agreement with the Deputy Sheriffs Association 295 8/04/03 Approval and Ratification of Collective Bargaining Agreement covering employees in the Schuyler County Administrative Unit
PERSONNEL MATTERS Res. No Date 268 7/14/03 Amend Schuyler County Policies and Procedures Relative to Retiree Health Insurance 370 10/14/03 Amend Management/Confidential Salary Plan to Modify Performance Appraisal Salary Advancement for the Year 2004 371 10/1/4/03 Local Law Intro No. 4 of the Year 2003 Setting Salaries for Certain Public Officers for the Year 2004 439 11/10/03 Authorize Revision of County Hiring Directive
ABOLISH/CREATE/CHANGE POSITION Res. No Date 49 2/3/03 Authorize the Creation and Filling of a Typist/Keyboard Specialist Position in the Emergency Management Office 90 2/27/03 Authorize Advertisement to Fill Part-Time Deputy Emergency Management Coordinator Position 127 3/10/03 Authorize Creation of Additional Assistant District Attorney Position/Acknowledge Appointment and Set Salary – District Attorney 163 4/16/03 Authorize Filling of Part-Time Corrections Officer – Sheriff’s Department 200 5/02/03 Authorize Creation and Filling of Temporary Civil Service Clerk Position 202 5/12/03 Authorize Filling of Staff Social Worker Position – Mental Health 215 5/12/03 Authorize Creation and Filling of One (1) Seasonal Laborer Position and Filling of the Two (2) Seasonal Laborers and one (1) Motor Equipment Operator Positions – Highway 243 6/09/03 Authorize Filling of a Deputy Sheriff Sergeant Position – Sheriff’s Department 277 7/14/03 Authorization to Fill Part-Time Deputy Sheriff Position – Sheriff’s Department RESOLUTION BY CATAGORY – 2003______260 290 7/24/03 Authorize the Creation and Filling of a Clerk Position on a Part-Time Basis in the District Attorney’s Office 328 9/08/03 Authorize Filling of Staff Social Worker Position – Mental Health 351 9/08/03 Authorization to Create and Fill a Probation Officer Position – Probation Department 362 10/14/03 Authorize Charlotte Jaynes as Information Security Officer (ISO) – Community Services/Public Health 365 10/14/03 Authorize Marcia Kasprzyk as Acting Director of Patient Services - Public Health 369 10/14/03 Authorize to Increase the Hours of the Paralegal Position – Social Services 386 10/14/03 Amend Resolution No. 215-03 Titled – Authorize Creation and Filling of One (1) Seasonal Laborer Position and Filling of the Two (2) Seasonal Laborer and One (1) Motor Equipment Operator Positions – Highway 399 10/14/03 Authorize Filling of Social Work Assistant Position – Mental Health 404 10/14/03 Endorse Concept of Part-time Public Defender Office for Preliminary Budget Purposes 415 11/10/03 Authorize Inter-Municipal Agreement with Chemung County to Share the Schuyler County Real Property Tax Director Position 416 11/10/03 Set Stipend for Additional Real Property Tax Director Services And Amend the 2003 Budget – Real Property Tax 437 11/10/03 Authorize Advertisement to Fill Full-Time Public Defender Position 439 11/10/03 Authorize Revision of County Hiring Directive 441 11/10/03 Authorize Creation of Crime Victim Services Coordinator Position - District Attorney’s Office 447 11/19/03 Authorization to Fill Vacant Heavy Equipment Position – Highway 451 11/19/03 Authorize Filling the Mobile Work Crew Supervisor Position – Social Services – Failed 460 12/01/03 Acknowledge Appointment and Set Salary for Human Resources Clerk 461 12/08/03 Authorize Creation of a Senior Registered Professional Nurse Position – Mental Health 489 12/08/03 Appointment – Deputy Fire Coordinator – Emergency Management 494 12/08/03 Authorize Filling Corrections Officer Position – Sheriff’s Department 502 12/08/03 Appointment – Schuyler County Public Defender 511 12/11/03 Authorize Creation and Filling of a Confidential Secretary to the Public Defender Position 523 12/29/03 Authorization to Fill Projected Vacant Caseworker Position in Adult Services – Department of Social Services 527 12/29/03 Authorize Filling Two (2) Seasonal Laborer Positions – Highway 529 12/29/03 Authorize Filling Typist/Keyboard Specialist – Emergency Management
TEMPORARY Res. No Date 62 2/10/03 Authorize Hiring a Temporary Full-Time Cleaner Until Full-Time RESOLUTION BY CATAGORY – 2003______261 Cleaner Out on Disability Returns to Work – Buildings and Grounds 131 3/10/03 Authorize Temporary Increase in Hours for Account Clerk Typist – Probation 227 5/12/03 Authorize Creation of Temporary Emergency Management Coordinator Position 266 7/14/03 Authorize Increase in Hours of Youth Program Coordinator Position Temporarily – Youth Bureau 288 7/14/03 Authorize Temporary Appointment – Probation Department 319 8/11/03 Authorize Temporary Increase in Hours of Typist/Keyboard Specialist – Emergency Management
APPOINTED OFFICIALS Res. No Date 2 1/06/03 Appointment - Chair, Schuyler County Legislature – 2003 7 1/06/03 Appointment - Chief Voting Machine Custodian 8 1/06/03 Appointment - Chief Coroner for 2003 9 1/06/03 Appointment – County Historian 11 1/06/03 Appointment - Budget Officer for 2003 29 1/13/03 Authorize Re-Appointment of the Commissioner of Social Services 128 3/10/03 Authorize Appointment of Deputy Fire Coordinator – Emergency Management 199 5/02/03 Authorize Appointment and Set Salary- Emergency Management Coordinator 371 10/14/03 Local Law Intro No. 4 of the Year 2003 Setting Salaries for Certain Public Officers for the Year 2004 431 11/10/03 Local Law Intro. No. 4 of the Year 2003 Setting Salaries for Certain Public Officers for the Year 2004
PUBLIC HEARING Res. No Date 388 10/14/03 Adopt Increase in the Current Aged Exemption Sliding Scale Income Limit – Real Property Tax 433 11/10/03 Set Date for Public Hearing on County Budget for 2004 446 11/19/03 Set the Time and Place of the Public Hearing on the Completion And Filing of the Lamoka/Waneta Lakes Protection and Rehabilitation District
SALARIES Res. No Date 10 1/6/03 Schedule of Salaries for 2003 46 1/13/03 Amend 2003 Salary Schedule 63 2/10/03 Authorize Amendments to the Management/Confidential Salary Plan 87 2/27/03 Amend Management/Confidential Salary Plan Relative to Grade Level for Emergency Management Coordinator 88 2/27/03 Authorize Temporary Appointment and Set Salary/ Authorize Advertisement for Vacancy – Emergency Management Coordinator 89 2/27/03 Amend Management/Confidential Salary Plan Relative to Grade RESOLUTION BY CATAGORY – 2003______262 Level for Deputy Emergency Management Coordinator 114 3/10/03 Amend Management Level Salaries Relative to Cost of Living Adjustments in Accordance with the Management/ Confidential Salary Plan 115 3/10/03 Amend Management/Confidential Salary Plan as it Relates to Needs Improvement 305 8/11/03 Amend Management/Confidential Salary Plan Factor Rating System and Salary Ranges 346 9/08/03 Authorize Transfer of Funds from Contingency to Pay for Salaries - Board of Elections 370 10/14/03 Amend Management/Confidential Salary Plan to Modify Performance Appraisal Salary Advancement for the Year 2004 371 10/14/03 Local Law Intro No. 4 of the Year 2003 Setting Salaries for Certain Public Officers for the Year 2004 374 10/14/03 Authorize Transfer of Funds to Cover Retroactive Union Salaries And Cost of Living Adjustments – Treasurer 403 10/14/03 Amend Resolution No. 346-03/Authorize Transfer of Funds from Contingency to Pay for Salaries – Board of Elections – Failed 415 11/10/03 Authorize Inter-Municipal Agreement with Chemung County to Share the Schuyler County Real Property Tax Director Position 416 11/10/03 Set Stipend for Additional Real Property Tax Director Services And Amend the 2003 Budget – Real Property Tax 431 11/10/03 Local Law Intro. No. 4 of the Year 2003 Setting Salaries for Certain Public Officers for the Year 2004 460 12/01/03 Acknowledge Appointment and Set Salary for Human Resources Clerk 466 12/08/03 Authorize Increase in Staff Psychiatrist Salary – Community Services 483 12/08/03 Local Law Intro. No. 4 of the Year 2003/Local Law No. 1 of the Year 2004 Setting Salaries for Certain Public Officers for the Year 2004
TAX MATTERS Res. No Date 69 2/10/03 Resolution to Approve Application for Corrected Tax Roll – Town of Hector, Tax Map 44.19-1-51, Clawson 70 2/10/03 Resolution to Approve Application for Corrected Tax Roll – Town of Tyrone, Tax Map 39.-1-45.111 , Canfield 71 2/10/03 Resolution to Approve Application for Corrected Tax Roll – Town of Cayuta, Tax Map 112.-1-27./2, Crown Atlantic Co. Llc 72 2/10/03 Resolution to Approve Application for Corrected Tax Roll – Town of Catharine, Tax Map 88.13-1-66, Solid Rock Youth Ministries 73 2/10/03 Resolution to Approve Application for Corrected Tax Roll – Town of Reading, Tax Map 52.-1-29.21, Rowe 112 3/10/03 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 118 3/10/03 Resolution to Approve Application for Refund of Taxes – Town of Orange, Tax Map 93.-1-33.12, Haight, Real Property Tax Service RESOLUTION BY CATAGORY – 2003______263 119 3/10/03 Resolution to Approve Application for Refund of Taxes – Town of Tyrone, Tax Map 39.5-1-35, Lewis-Salesky, Real Property Tax Service 120 3/10/03 Resolution to Approve Application for Refund of Taxes, Town Of Tyrone, Tax Map 39.-1-7, Yeoman, Real Property Tax Service 121 3/10/03 Resolution to Approve Application for Refund of Taxes – Town of Orange, Tax Map 60.1-1-7, Craft, Real Property Tax Service 122 3/10/03 Resolution to Approve Application for Refund of Taxes, Town of Tyrone, Tax Map 51.-1-11.13, Oliver, Real Property Tax Service 245 6/9/03 Approve Application for Credit of Real Property Taxes – Crance 246 6/9/03 Approve Application for Refund of Real Property Taxes – Hugo 251 6/9/03 Authorizing Distribution of Mortgage Tax Receipts Pursuant to Section 261 of the New York State Tax Law 252 6/9/03 Resolution Requesting the New York State Legislature to Enact Legislation Allowing Schuyler County to Increase its Mortgage Tax By ¼% and to Utilize Said Increase Specifically to Offset Community College Expenses 254 6/9/03 Set Tax Auction Sale Date/Authorize Chairman to Sign “Notice to Vacate 259 6/9/03 Resolution Requesting the New York State Legislature to Pass Senate Bill S.5370 and Assembly Bill A.8738 Authorizing an Increase in Mortgage Tax By ¼% and to Utilize Said Increase Specifically to Offset Community College Expenses for Schuyler County Pursuant to Section 40 of the Municipal Home Rule Law 271 7/14/03 Accept Bid for the Sale of the 2000 Tax Map Set 285 7/14/03 Accept Offers to Purchase and Quitclaim Property Taken By Tax Deed 296 8/4/03 Accept Tax Auction BIDS 313 8/11/03 Resolution to Approve Application for Refund of Taxes – Hubbard 325 8/28/03 Resolution of the Legislature of the County of Schuyler, Extending The Additional Rate of Taxes on Sales and Uses of Tangible Personal Property and on Certain Services, and on Occupancy of Hotel Rooms, Amusement Charges and Club Dues, Pursuant to Article 29 of the Tax Law of the State of New York and Exempting Certain Residential Energy Sources and Services from Such Additional Rate of Tax 388 10/14/03 Adopt Increase in the Current Aged Exemption Sliding Scale Income Limit – Real Property Tax 397 10/14/03 Local Law Intro. No. 5 of the Year 2003 Amending Local Law No. 2 of 1988 to Increase the Room Tax from 2% to 4% 398 10/14/03 Resolution Establishing a Mortgage Tax Increase for Schuyler County to Offset Community College Expenses 436 11/10/03 Authorize Purchase of Mortgage Tax Book – County Clerk 444 11/10/03 Set Tax Auction Sale Date/Authorize Chairman to Sign “Notice To Vacate” 475 12/08/03 Authorize Town of Hector Delinquent Water Bills to be charged On the January, 2004, Town and County Tax Bills – Real Property Tax Service 476 12/08/03 Authorize Town of Reading Delinquent Sewer and Water Bills to RESOLUTION BY CATAGORY – 2003______264 Be Charged on the January, 2004, Town and County Tax Bills – Real Property Tax Service 477 12/08/03 Resolution to Adopt Equalization Rates for the Apportionment of the Year 2004 County Tax Levy – Real Property Tax Service 478 12/08/03 Authorization Contract Renewal with Weiler Mapping, Inc. for Annual Tax Map Maintenance – Real Property Tax Service 479 12/08/03 Completion and Filing of the Assessment Roll for the Year 2003 for the Lamoka/Waneta Lakes’ Protection and Rehabilitation District in the Town of Tyrone, in the County of Schuyler, and State of New York 480 12/08/03 Establish New Fee Schedule for the Real Property Tax Service Office 481 12/08/03 Resolution to Increase Chargebacks to the Towns for Surplus and Administrative Assistance – Real Property Tax Service 484 12/08/03 Authorization of Mortgage Tax Receipts Pursuant to Section 261 Of the New York State Tax Law 487 12/08/03 Unpaid School Taxes – Assessed and Relevied for 2003 - 2004
AMENDED Res. No Date 228 5/12/03 Authorize Contract for Grant Administration for All Hazards Grant – Emergency Management – As Amended 240 6/9/03 Authorize Creation and Filling of a Code Enforcement Officer Position for Inclusion into the Management/Confidential Salary Plan – Emergency Management – As Amended - Failed 260 6/9/03 Acknowledge Appointment And Set Salary – Deputy Emergency Management Coordinator – As Amended 322A 8/11/03 Motion to Amend Resolution No. 322 – Failed 386 10/14/03 Amend Resolution No. 215-03 Titled – Authorize Creation and Filling of One (1) Seasonal Laborer Position and Filling of the Two (2) Seasonal Laborer and One (1) Motor Equipment Operator Positions – Highway 427A 11/10/03 Motion to Amend Resolution No. 427 427 11/10/03 Authorize Contract with Hunt Engineers for Architectural Services For the District Attorney’s Office Space – Buildings and Grounds - As Amended
WITHDRAWN Authorize Sale of Surplus County Property in the Town of Catharine – Withdrawn Local Law Intro. No. 1/Local Law No. 1 of the Year 2003 Amending Local Law No. 12 of the Year 2000 to Revise an Empire Zone (Formerly Known as an Economic Development Zone) – Withdrawn Authorize Appointment of Privacy and Complaint Officers – Public Health and Mental Health – Withdrawn Approve Minutes of the June 9, 2003 Regular Meeting of Schuyler County Legislature – Withdrawn Approve Minutes of July 24, 2003 Special Meeting, the August 4, 2003 Special Meeting, the August 11, 2003 Regular Meeting, the RESOLUTION BY CATAGORY – 2003______265 August 28, 2003 Special Meeting and the Spetmeber 8, 2003 Regular Meeting of the Schuyler County Legislature – Withdrawn Authorize Memorandums of Agreement with the Deputy Sheriff’s Association - Withdrawn
TABLED Res. No Date 167 4/16/03 Authorize Volunteer Endorsement for Worker’s Compensation Policy-Tabled 360 10/14/03 Authorize Chairman of Legislature to Sign Petition to Village of Watkins Glen Requesting a Village Resolution Authorizing Preparation of a District Plan for a Watkins Glen Business Improvement District – Tabled 440A 11/10/03 Motion to Table Resolution No. 440 440 11/10/03 A Resolution Regarding the USA Patriot Act II and the Protection Of Civil Rights and Liberties - Tabled 450A 11/10/03 Motion to Table Resolution Nos. 450 and 451 FAILED Res. No Date 189 4/16/03 Authorize Letter of Understanding for Human Resource and Family First Responsibilities –Failed 191 4/16/03 Establish Hiring Directive for 2003 – Failed 240 6/9/03 Authorize Creation and Filling of a Code Enforcement Officer Position for Inclusion into the Management/Confidential Salary Plan – Emergency Management – As Amended – Failed 322A 8/11/03 Motion to Amend Resolution No. 322 – Failed 322 8/11/03 Authorize all Authorized County Travel Mileage to be Paid at the Rate of $.375 per Mile for all County Employees – Failed 355A 9/08/03 Motion to Table Resolution No. 355 – Failed 355 9/08/03 Resolution Supporting the New York State Certified Apprenticeship Program – Failed 403 10/14/03 Amend Resolution No. 346-03/Authorize Transfer of Funds from Contingency to Pay for Salaries – Board of Elections – Failed 432 11/10/03 Local Law Intro. No. 5/Local Law No. of the Year 2003 Amending Local Law No. 2 of 1998 to Increase the Room Tax from 2% to 4% - Failed 450 11/19/03 Alteration of Tenative Budget Pursuant to County Law Section 358 – Social Services – Failed 451 11/19/03 Authorize Filling the Mobile Work Crew Supervisor Position – Social Services – Failed 507 12/11/03 Alteration of Tentative Budget Pursuant to County Law Section 358 – Public Defender - Failed 508 12/11/03 Alteration of Tentative Budget Pursuant to County Law Section 358 – Public Defender - Failed
COPIES OF THE SCHUYLER COUNTY TREASURER’S
ANNUAL FINANCIAL REPORT,
ALL ANNEXED ATTACHED DOCUMENTS REFERRED TO IN RESOLUTIONS,
AND ALL OTHER DEPARTMENTAL
ANNUAL REPORTS ARE AVAILABLE FOR REVIEW
AT THE
SCHUYLER COUNTY LEGISLATIVE OFFICE