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									                                     PROCEEDINGS OF THE YEAR 2006                                               1
                                      ORGANIZATIONAL MEETING
                                          JANUARY 3, 2006

       The January 3, 2006 Organizational Meeting of the Schuyler County Legislature was called to order at
9:30 a.m. by Stacy B. Husted, Clerk, acting as Temporary Chair. The Pledge of Allegiance was led by
Legislator Bleiler and followed by a Moment of Silence. All Legislators were present. County Attorney
Coleman and County Administrator O‟Hearn were also present.
       The Oath of Office was administered by Judge J.C. Argetsinger to Legislators-Elect Doris L. Karius,
Delmar F. Bleiler, and Glenn R. Larison.
PUBLIC PARTICIPATION: None.
       The Acting Chair asked for nominations from the floor for Chairman of the Legislature for the year
2006.
       MOTION by Legislator Fagan to nominate Legislator Gifford as Chairman, SECOND by Legislator
Slusser.
       MOTION by Legislator Larison to nominate Legislator Fagan as Chairman. Legislator Larison feels
the Chairman should not be a lifelong appointment and in seven years he has seen a lack of leadership and hears
the same from the Community, SECOND by Legislator Karius.
RESOLUTION NO. 1 Motion by Larison, Second by Yuhasz.
RE: CLOSE NOMINATIONS - 2006 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE
       BE IT RESOLVED, that the nominations for the 2006 Chairperson of the Schuyler County Legislature
be closed.
VOTE: 7-0.
RESOLUTION NO. 2 Motion by Fagan, Second by Yuhasz.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2006
       BE IT RESOLVED, that Thomas M. Gifford be Chairperson of the Schuyler County Legislature for the
year 2006.
VOTE: 6-1. No: Larison.
Legislator Bingell in at 9:40 a.m.
RESOLUTION NO. 3 Motion by Fagan, Second by Karius.
RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 2006
       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 2006, as
follows:
       Chairman                              Thomas M. Gifford
       #1 Vice-Chairman                      Doris L. Karius
       #2 Vice-Chairman                      Delmar F. Bleiler, Jr.
       #3 Vice-Chairman                      Glenn R. Larison
       #4 Vice-Chairman                      Sharon S. Bingell
       #5 Vice-Chairman                      Michael A. Yuhasz
       #6 Vice-Chairman                      Daryl L. Slusser
       #7 Vice-Chairman                      Dennis A. Fagan
VOTE: 8-0.
RESOLUTION NO. 4 Motion by Fagan, Second by Karius.
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: 8-0.
RESOLUTION NO. 5 Motion by Fagan, Second by Karius.
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:
2                                  SCHUYLER COUNTY LEGISLATURE
       HSBC
       Watkins Glen Office
       Franklin at Eight Street
       Watkins Glen, NY 14891                      $8,000,000.00

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

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

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

       COMMUNITY BANK, N.A.
       Watkins Glen Office
       401 N. Franklin Street
       Watkins Glen, NY 14891                        $8,000,000.00
VOTE: 8-0.
RESOLUTION NO. 6 Motion by Yuhasz, Second by Bingell.
RE: CONFORM TO "RULES OF PROCEDURE"
       BE IT RESOLVED, that the "Rules of Procedure", as adopted on January 13, 1992 to be effective
January 13, 1992, as amended on October 12, 1999 and as amended on May 10, 2004, be conformed to.
VOTE: 8-0.
RESOLUTION NO. 7 Motion by Yuhasz, Second by Bingell.
RE: APPOINTMENT - CHIEF CORONER FOR 2006
       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 2006, at an
additional stipend of $2,500 for administrative duties to be paid quarterly at the rate of $625.00 per quarter.
VOTE: 8-0.
RESOLUTION NO. 8 Motion by Yuhasz, Second by Bingell.
RE: APPOINTMENT – COUNTY HISTORIAN
       BE IT RESOLVED, that Barbara Bell be appointed as County Historian for the year 2006.
VOTE: 8-0.
RESOLUTION NO. 9 Motion by Larison, Second by Bingell.
RE: SCHEDULE OF SALARIES FOR 2006
       BE IT RESOLVED, that the Schedule of Salaries for 2006, as attached hereto, be adopted, effective
January 1, 2006, and
       BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County
employees according to the 2006 Salary Schedule.
VOTE: 8-0.
RESOLUTION NO. 10 Motion by Larison, Second by Bingell.
RE: APPOINTMENT - COUNTY AUDITOR FOR 2006 AND 2007
       BE IT RESOLVED, that Stacy B. Husted be appointed County Auditor for a two-year term
commencing January 1, 2006 through December 31, 2007.
VOTE: 8-0.
RESOLUTION NO. 11 Motion by Larison, Second by Bingell.
                                    PROCEEDINGS OF THE YEAR 2006                                               3
RE: APPOINTMENT – DEPUTY COUNTY CLERK – 2006-2009
        BE IT RESOLVED, that this Legislature acknowledges the appointment pursuant to County Law
Section 501-5 by the County Clerk, Linda Compton of Joy Ector as Deputy County Clerk for the period
commencing January 1, 2006 and terminating December 31, 2009.
VOTE: 8-0.
NEW BUSINESS:
        Chairman Gifford asked if the other Legislator‟s had reviewed the “Legislator Goals” handout from the
Year 2001. These goals were done several years ago and he suggested that they be done once again for this
year to go along with the performance based budget. Legislator Bleiler suggested that all the Legislator‟s write
a mission statement also. Chairman Gifford reminded that the goals need to be attainable.
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 9:40 A.M.
               Stacy B. Husted, Clerk
               Sharlene A. Parker, Deputy Clerk

                                           REGULAR MEETING
                                            JANUARY 9, 2006

         The January 9, 2006 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Legislator Karius, acting Chair. The Pledge of Allegiance was led by Legislator Larison and followed
by a Moment of Silence. All Legislators were present except for Chairman Gifford who was excused. The
Assistant County Attorney Morris and County Administrator O‟Hearn were also present.
PUBLIC PARTICIPATION:
         Mr. Gordon Swarthout spoke and requested that a County structure that was on his property be removed.
He stated that he was referring to a check dam and if it was not removed then he wanted the County to pay rent.
RESOLUTION NO. 12 Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE DECEMBER 28, 2005 YEAR END MEETING AND THE JANUARY
         3, 2006 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
         BE IT RESOLVED, that minutes of the December 28, 2005 Year End Meeting and the January 3, 2006
Organizational Meeting of the Schuyler County Legislature be approved.
Vote: 7-0.
RESOLUTION NO. 13 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT WITH DENISE ROSS, DVM FOR VETERINARY SERVICES FOR 2006 -
         PUBLIC HEALTH
         WHEREAS, the Public Health Department is required to provide rabies vaccination clinics and staff such
clinics with qualified personnel, and
         WHEREAS, Dr. Denise Ross is an established veterinarian qualified to provide services at the vaccination
clinics.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with Dr. Denise Ross for the provision of veterinary services at the rabies vaccination
clinics for the period January 1, 2006 through December 31, 2006, to be renewed annually, at the hourly rate of
$25.00, such amount provided for in the 2006 Public Health budget, account no. 4042.435, subject to approval by
the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 14 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT WITH SUE COLLINS, DVM FOR VETERINARY SERVICES FOR 2006 -
         PUBLIC HEALTH
         WHEREAS, the Public Health Department is required to provide rabies vaccination clinics and staff such
clinics with qualified personnel, and
         WHEREAS, Dr. Sue Collins is an established veterinarian qualified to provide services at the vaccination
clinics.
4                                     SCHUYLER COUNTY LEGISLATURE
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with Dr. Sue Collins for the provision of veterinary services at the rabies vaccination clinics
for the period January 1, 2006 through December 31, 2006, to be renewed annually, at the hourly rate of $25.00,
such amount provided for in the 2006 Public Health budget, account no. 4042.435, subject to approval by the
Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 15 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT WITH HEATHER L. MURLEY, DVM FOR VETERINARY SERVICES
        FOR 2006 - PUBLIC HEALTH
        WHEREAS, the Public Health Department is required to provide rabies vaccination clinics and staff such
clinics with qualified personnel, and
        WHEREAS, Dr. Heather Murley is an established veterinarian qualified to provide services at the
vaccination clinics.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with Dr. Heather Murley for the provision of veterinary services at the rabies vaccination
clinics for the period January 1, 2006 through December 31, 2006, to be renewed annually, at the hourly rate of
$25.00, such amount provided for in the 2006 Public Health budget, account no. 4042.435, subject to approval by
the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 16 Motion by Bingell, Second by Larison.
RE: AUTHORIZE AGREEMENT WITH COMMUNITY HEALTH & HOME CARE FOR PERSONAL
        NURSING SERVICES – SOCIAL SERVICES
        WHEREAS, Social Services districts are authorized pursuant to Section 365-a(2) of the New York
Social Services Law and New York State Department of Social Services Regulation 18 NYCRR 505.124 and/or
other department regulations to provide personal care services and LPN/RN nursing services to persons eligible
to receive said services, and
        WHEREAS, the Department of Social Services is desirous of obtaining personal care services and
LPN/RN nursing services to be rendered to recipients of medical assistance for which reimbursement is
available pursuant to Title XIX of the Federal Social Security Act and applicable state law and which are
eligible for reimbursement thereto.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract between the County‟s Department of Social Services and the Community Health and Home
Care for the period of January 1, 2006 through December 31, 2006 for personal care services, at no cost to the
Social Services Department, subject to approval by the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 17A Motion by Bleiler, Second by Fagan.
RE: MOTION TO TABLE RESOLUTION NO. 17
        BE IT RESOLVED, that Resolution No. 17 is hereby tabled for further discussion.
Vote: 6-1. No: Bingell.
RESOLUTION NO. 17 Motion by Bingell, Second by Larison.
RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS & SURVEYORS –
        BUILDINGS & GROUNDS - TABLED
        WHEREAS, the security entrance to the Courthouse Complex does not have a second set of doors to
create a chamber preventing the direct flow of cold air into the building causing the halls and rooms to be cold
in the winter, and
        WHEREAS, the court offices are going to have a baggage x-ray machine installed which will require
some building renovations, and
        WHEREAS, a new entry addition will improve both the flow of pedestrian traffic in and out of the
building as well as save energy by preventing the cold air from blowing in.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a
contract with Hunt Engineers Architects & Surveyors for Schematic Design and contract documents at a cost of
                                         PROCEEDINGS OF THE YEAR 2006                                             5
$18,700 with reimbursable costs not to exceed $1,000 and construction supervision to be done at an hourly rate
not to exceed $7,000; subject to approval of the Schuyler County Attorney, and
        BE IT FURTHER RESOLVED, that funding for said work shall be paid from Capital Reserve Account
No. 004-0004-0878.
DISCUSSION: Legislator Bleiler said he feels the $18,700 does not need to spent right now and he would like
to see about the other major building plans first. If we are going to hear about the other building plans in
January, why not wait. Legislator Fagan agreed. Legislator Bingell said if they leave our other buildings it is
costing them money and she said she thinks they should move ahead. There will be other needs down the road
also. If it is left for later then it would not be good. The Justice system will help with this project. Legislator
Yuhasz asked for clarification. David Lisk said he had money in his budget for this project, correct?
Administrator O‟Hearn replied, yes. Legislator Slusser wanted to know when the X-ray machine was expected
to be installed. Administrator O‟Hearn replied that there was no specific time but it would probably be in the
spring. Legislator Slusser said he thought that a month to wait was not that big of a deal. Legislator Yuhasz
said he felt that this project would help with saving energy. Legislator Slusser inquired about what the Court
had for a timeframe for this project. O‟Hearn said that he understood that it was flexible and they had no
timetable but if this was not taking place then they will not get the screening machine.
RESOLUTION NO. 18 Motion by Bingell, Second by Larison.
RE: AUTHORIZE ADVERTISEMENT AND/OR PURCHASE OF EQUIPMENT/VEHICLES -
        HIGHWAY DEPARTMENT
        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 2006 Machinery budget for the purchase of the following
equipment and the 2006 General Fund Central Garage budget for the following vehicles:
                 a.       One (1) One Ton 4 X 2 Roll Back, one (2) Material Spreaders and one (1) Excavator -
                          Highway Department
                 b.       Central Garage Purchases as follows:
                                         One (1) Pick-up Truck - Sheriff
                                         One (1) Pick-up Truck – Buildings and Grounds
                                         One (1) 12 Passenger Van – Office for the Aging
                                         Two (2) Pick-up Trucks - Highway
                                         One (1) Pick-up Truck – Weights and Measures.
        NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to
set specifications and to advertise for bids for the preceding equipment and vehicles and/or utilize State Bid
Contract Vendors.
Vote: 7-0.
RESOLUTION NO. 19 Motion by Bingell, Second by Larison.
RE: RESOLUTION AUTHORIZING 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 – 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, duly convened does
hereby approve the above-subject project, and
6                                    SCHUYLER COUNTY LEGISLATURE
        BE IT FURTHER RESOLVED, that the Schuyler Legislature hereby authorizes the County of Schuyler
to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and
Design work for the Project or portions thereof, and
        BE IT FURTHER RESOLVED, that the sum of $136,500 is hereby appropriated in the 2006 budget,
account number 5020.400 and made available to cover the cost of participation in the above phase of the
Project, and
        BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the
project exceeds the amount appropriated above, the County of Schuyler shall convene as soon as possible to
appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and
        BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be and is hereby
authorized to execute all necessary agreements, certifications or reimbursement requests for Federal Aid and/or
Marchiselli Aid on behalf of the County of Schuyler with the New York State Department of Transportation in
connection with the advancement or approval of the Project and providing for the administration of the Project
and the municipality‟s first instance funding of Project costs and permanent funding of the local share of
federal-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible,
and
        BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and
        BE IT FURTHER RESOLVED, this Resolution shall take effect immediately.
Vote: 7-0.
RESOLUTION NO. 20 Motion by Bingell, Second by Larison.
RE: AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR THE HIGHWAY DEPARTMENT
        FOR 2006
        WHEREAS, in accordance with Section 103 of General Municipal Law, all purchase contracts
involving an expenditure of more than $ 10,000 and all contracts for public works involving an expenditure of
more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the
manner provided by this section.
        NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to
advertise for bids for materials and supplies for 2006 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: 7-0.
RESOLUTION NO. 21 Motion by Bingell, Second by Larison.
RE: AUTHORIZE ENGINEERING CONSULTANT AGREEMENT WITH HUNT ENGINEERS FOR
        THE DESIGN OF STILLWELL ROAD BRIDGE REPLACEMENT - HIGHWAY
        WHEREAS, the replacement of BIN 3332390, Stillwell Road Bridge over Taughannock Creek is a
Federal-aid eligible project, and
        WHEREAS, there is money available in the 2006 budget account 5020.400 to pay for said services.
        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 Stillwell
Road Bridge over Taughannock Creek, contract subject to the approval of the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 22 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH COURT APPOINTED SPECIAL ADVOCATE (CASA) FOR
        2006
        WHEREAS, Resolution No. 370-05 requested funding for CASA out of the 2006 budget appropriations,
and
        WHEREAS, the budget was passed on November 21, 2005 and allocated $4,500 for CASA.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
execute an agreement with CASA in the amount of $4,500 for the term January 1, 2006 through December 31,
                                       PROCEEDINGS OF THE YEAR 2006                                             7
2006, funding available in the 2006 budget account no. 6310.401; subject to approval of the Schuyler County
Attorney.
Vote: 7-0.
RESOLUTION NO. 23 Motion by Larison, Second by Bingell.
RE: DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE
        CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO
        EXCEED $1,000
        WHEREAS, the State of New York has, pursuant to Sections 554 and 556 of the Real Property Tax Law
(RPTL), authorized correction of errors and payment of tax refunds without prior audit for corrections for
refunds not exceeding $2,500, and
        WHEREAS, Schuyler County desires to delegate to the Real Property Tax Services Director (Director)
the authority as stated under said law.
        NOW, THEREFORE, BE IT RESOLVED, that there is hereby delegated to the Director the power to
authorize the Schuyler County Treasurer to make payment of any refund or credit of taxes not exceeding the
sum of $1,000 without prior audit, as provided in Sections 554(9) and 556(8) of the RPTL for the calendar year
of 2006, with the following provisions:
1.      That the Director shall comply with all provisions under RPTL Sections 554 and 556 relative to
        corrections of errors and the refund or credit of taxes.
2.      That on or before the 15th day of each month the Director shall submit to the Legislature a report of the
        corrections, refunds and credits processed by such official during the month, embodying in that report
        the information as required under aforesaid statute.
3.      That in no case shall the total amount of such refund or credit exceed the amount appropriated by the
        County Legislature.
Vote: 7-0.
RESOLUTION NO. 24 Motion by Larison, Second by Bingell.
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, 2006 through December 31,
2006, to wit:
                                     BARGAINING UNIT COMMITTEES
                                               County Administrator
                                             Human Resources Director
                                               Co-Chief Negotiators
                                   Appropriate Jurisdictional Committee Chairs
                                 CHILD CARE COORDINATING COUNCIL
                                                   Sharon Bingell
        FINGER LAKES RESOURCE, CONSERVATION & DEVELOPMENT COUNCIL, INC.
                                                   Jim Ochterski
                                      FIRE SAFETY ADVISORY BOARD
                                    Brian Hudson/Tim Hudson – Beaver Dams
                                        Jason Kelly/Curt Connelly – Burdett
                                 Richard Robertson/William Ward – Mecklenburg
                                       Bill Mullaney/Larry States – Monterey
                                      Tom Carson/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
                       INTER-COUNTY ASSOCIATION OF WESTERN NEW YORK
                                                Thomas M. Gifford
8                            SCHUYLER COUNTY LEGISLATURE
                                          Glenn R. Larison
                                          Stacy B. Husted
                  LOCAL EARLY INTERVENTION COORDINATING COUNCIL
                              David Lambert, NYS Dept. of Health
                                  Dawn Calling, WGCS District
                                   Greg Conklin, OMCS District
                                        Erik Miller, Provider
                                         Lisa Crouch, ARC
                                     Michelle Myers, Provider
                                      Laurie Hanlon, Provider
                                Beverly Clickner, Social Services
                                   Arnab Bagchi, Mental Health
                                      Nancy Blencowe, Parent
                                       JoAnn Carson, Parent
                                      Nancy St. Julien, Parent
                                      Christine Keough, Parent
                                      Michelle Pardee, Parent
                                       Pauline Heath, Parent
                                         Ken Seaman, Parent
                           Marcia Kazprzyk, Early Intervention Official
                                    Peggy Tomassi, Child Care
                               JoAnn Fratarcangelo, Youth Bureau
                                    Michael Yuhasz, Legislator
                         PROFESSIONAL ADVISORY COMMITTEE
                              Cynthia Terry, MD, Medical Director
                                Elizabeth Hayes, Member at Large
                               Kathryn Doolittle, Member at Large
                          Pamela Larnard, Mental Health Deputy Director
                         Marcia Kasprzyk, Deputy Director Public Health
                                    Michael Yuhasz, Legislator
                            Michelle Myers, Schuyler Hospital Therapy
                                  Ruth Bedient, Member at Large
                            Tom Gifford, Chairman of the Legislature
                                 Jill Kasprzyk,RN Mental Health
                                   Rita Tague, Schuyler Hospital
                                  Mary Galvin, Schuyler Hospital
                                        Shannon Slater, OFA
                                        Sarah Mathews, DSS
                             Lori Phillips, Director of Patient Services
                                     Deb Woodard, Americare
                                      Michele Fritz, Stafkings
                                        Jane Aniskevich, VA
                              Judy Delgotto, Southern Tier Hospice
                                       Michael Sandritter, PT
Vote: 7-0.
RESOLUTION NO. 25 Motion by Bleiler, Second by Bingell.
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, 2006 through December 31,
2007, to wit:
                                    EOP BOARD OF DIRECTORS
                               PROCEEDINGS OF THE YEAR 2006                                           9
                                        Sharon S. Bingell
                               FINGER LAKES ASSOCIATION
                                       Michael A. Yuhasz
                          FISH & WILDLIFE MANAGEMENT BOARD
                                        Wayne Dimmick
                                        Glenn R. Larison
                                        Delmar F. Bleiler
                                FOREST PRACTICE BOARD
                                        Glenn R. Larison
                         HISTORICAL SOCIETY BOARD OF TRUSTEES
                                         Doris L. Karius
                        OFFICE FOR THE AGING ADVISORY COUNCIL
                                        Sharon S. Bingell
                                       Thomas M. Gifford
                                   William Anderson, Reading
                                  Beverly Vona, Watkins Glen
                                 PLANNING COMMISSION
                                 Hazel Raplee, Town of Tyrone
                                Donna Kelley, Village of Montour
                                Frank Gigliotti, Town of Reading
                                   Dave Quartltere, Business
                       SCHUYLER HEAD START BOARD OF DIRECTORS
                                         Sharon Bingell
                     STC REGIONAL PLANNING & DEVELOPMENT BOARD
                                          Tom Gifford
                                         Dennis Fagan
                                      Danielle Hauteniemi
                                 Kelsey Jones, Member at Large
                         QUEEN CATHARINE STEERING COMMITTEE
                                         Dennis Fagan
Vote: 7-0.
RESOLUTION NO. 26 Motion by Bleiler, Second by Bingell.
RE: THREE-YEAR APPOINTMENTS
       BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following
individuals to the below boards, committees, agencies, for the term January 1, 2006 through December 31,
2008, to wit:
                                    FOREST PRACTICE BOARD
                                                Brian Knox
                                    RSVP ADVISORY COUNCIL
                                              Glenn Larison
                   SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY
                                               Jerry Marvel
                                                Carl Taber
                                                SCOPED
                                       Chairman of the Legislature
            Chairman of the Community Development & Natural Resources Committee or designee
                             SOIL AND WATER CONSERVATION BOARD
                                              Glenn Larison
                                           Doug Learn, Grange
                                               Doris Karius
                                       James Hazlitt, Farm Bureau
10                             SCHUYLER COUNTY LEGISLATURE
                              WORKFORCE DEVELOPMENT BOARD
                                        Jim Wilson, ARC
                                        Michael Gehl, Falls
                                        YOUTH BOARD
                                 Robert Dunphy, Member at Large
Vote: 7-0.
RESOLUTION NO. 27 Motion by Bleiler, Second by Bingell.
RE: FOUR-YEAR APPOINTMENTS
       BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following
individuals to the below boards, committees, agencies, for the term January 1, 2006 through December 31,
2009, to wit:
                                ALCOHOLSIM AND SUBSTANCE ABUSE
                                               Marcia Kasprzyk
                                                 Bill Yessman
                                               William Sullivan
                        AGRICULTURE & FARMLAND PROTECTION BOARD
                                                 Delmar Bleiler
                                                  Doris Karius
                                         AUDITING COMMITTEE
                                                 Dennis Fagan
                                                 Delmar Bleiler
                                    COMMUNITY SERVICES BOARD
                                               Marcia Kasprzyk
                                              Cheryl Pruett, PhD
                                                 Glenn Larison
                                        COOPERATIVE EXTENSION
                                                  Doris Karius
                                  MENTAL HEALTH SUBCOMMITTEES
                                                  Lori Phillips
                                                  John Hayes
                     MENTAL RETARDATION/DEVELOPMENTAL DISABILITIES
                                                Linda Jorgensen
                                                  Sandra Just
                                                 Glenn Larison
           SOUTHERN TIER REGIONAL EMERGENCY MEDICAL SYSTEMS (STREMS)
                                                  Gerry Gapp
Vote: 7-0.
RESOLUTION NO. 28 Motion by Bleiler, Second by Bingell.
RE: ONE TO FOUR YEAR APPOINTMENTS
       BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following
individuals to the below boards, committees, agencies, for THE FOLLOWING TERMS, to wit:
                   EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE
                                   Richard Churches       1/01/06 – 12/31/08
                                   William Kennedy        1/01/06 – 12/31/07
                                   Ptl. Richard Pierce 1/01/06 – 12/31/08
                                   Thomas M. Gifford 1/01/06 – 12/31/06
                                   Glenn Larison          1/01/06 – 12/31/07
                                   Greg Mathews           1/01/06 – 12/31/08
                                   William Yessman        1/01/06 – 12/31/08
                                   Robert Michael         1/01/06 – 12/31/07
                                   Charles Franzese       1/01/06 – 12/31/06
                                      PROCEEDINGS OF THE YEAR 2006                                    11
                                    Nicholas Dugo         1/01/06 – 12/31/07
                                    Jason Kelly           1/01/06 – 12/31/07
                                    David Stewart         1/01/06 – 12/31/07
          LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICTS
                          APPOINTMENT OF COMMISSIONERS/DIRECTORS
                                    Dennis Fagan          1/01/06 – 12/31/07
                                    Melissa Miller        1/01/06 – 12/31/07
                                    Kay Houghtaling       1/01/06 – 12/31/07
                                    Gordon Shafer         1/01/06 – 12/31/09
                                    Vickie Flynn          1/01/06 – 12/31/09
                                    Elaine Dalrymple             Ex-Official
Vote: 7-0.
RESOLUTION NO. 29 Motion by Bleiler, Second by Bingell.
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, 2005 through December 31,
2006, to wit:
                            OFFICE FOR THE AGING ADVISORY COUNCIL
                                           Beth MacIntyre-Lisk, RSVP
                                          Joette McBride, Hector (East)
                                     Janine Benjamin-Kuel, Schuyler Hosital
                                             Dorothy Huey, Tyrone
                                             Verna Shrout, Catherine
                                       Marjorie Tewksbury, Montour Falls
                                          Kathryn Doolittle, Consumer
                                         Marcia Kasprzyk, Home Health
                                                Marie Scott, ARC
                                              Robert Burnside, Dix
                                             Charles Young, Orange
                                               William Weiss, DSS
                                              Ida Landrum, Burdett
Vote: 7-0.
RESOLUTION NO. 30 Motion by Larison, Second by Bingell.
RE: MOTION TO BRING THREE (3) RESOLUTIONS TO THE FLOOR
        BE IT RESOLVED, that three (3) Resolutions be brought to the floor.
Vote: 7-0.
RESOLUTION NO. 31 Motion by Larison, Second by Bleiler.
RE: ESTABLISH A CAPITAL IMPROVEMENT RESERVE ACCOUNT
        WHEREAS, the County has been allocated the amount of $1,442,582.34 from the New York Counties
Tobacco Trust V (NYCTTV) Bond Refinancing, and
        WHEREAS, the Schuyler Tobacco Asset Securitization Corporation members have suggested to the
Legislature to dedicate those funds towards capital improvements for the county.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to
establish a capital improvement reserve account, in the amount of $1,442,582.34 to be used for capital
improvements.
DISCUSSION: Legislator Fagan asked if this was the full amount of Tobacco money. Administrator O‟Hearn
replied, yes.
Vote: 7-0.
RESOLUTION NO. 32 Motion by Larison, Second by Bleiler.
RE: AMEND THE ADOPTED 2006 SALARY SCHEDULE
        WHEREAS, a Cost of Living Adjustment for a management level position in the Office for the Aging
12                                   SCHUYLER COUNTY LEGISLATURE
was erroneously omitted.from the adopted 2006 Salary Schedule.
        NOW, THEREFORE, BE IT RESOLVED, that the Schedule of Salaries for 2006, as on file, is amended
effective January 1, 2006.
Vote: 7-0.
RESOLUTION NO. 33 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE THE ESTABLISHED INTERNAL REVENUE SERVICE (IRS) PREVAILING RATE
        FOR MILEAGE TO BE PAID TO ALL VOLUNTEERS PROVIDING TRANSPORTATION ON
        BEHALF OF COUNTY DEPARTMENTS
        WHEREAS, with respect to the high price of fuel, the Management & Finance Committee members
recommend all volunteers providing transportation on behalf of County Departments be paid a higher mileage
rate reimbursement.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes all
volunteers providing transportation on behalf of County Departments, to be paid the established IRS prevailing
rate for mileage effective January 1, 2006.
Vote: 7-0.
NEW BUSINESS:
              Legislator Fagan mentioned that the Empire Zone Development draft was in the packet and if you
would like more information on it, to come to the Community Development & Natural Resources Committee
meeting.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES: None.
COUNTY ADMINISTRATOR’S REPORT:
        Administrator O‟Hearn reported on the Wind Power project. The Resolution was going to be presented
this evening, but after meeting with Attorney Coleman and the Real Property Tax Agency director, it was pulled
for now and will be reviewed in committee for further discussion. Legislator Fagan asked why it was pulled.
Administrator O‟Hearn said that there was some confusion on the wording but it should be ready to be adopted
next month. He then updated everyone on the Route 414 traffic study. He indicated that there would be more
information coming soon. As for an update on the County Building project, he reported that he is still working
on plans with David Lisk, the Building Maintenance Supervisor. He would like to give a formal report later this
month. He also reported on the draft grant application which was handed out to all Legislators in their meeting
packets. After the meeting he will be going to the Watkins Glen School District Board Meeting to provide a
presentation on the grant application and the Inter-Municipal Records Management Plan. He indicated that he
hoped to have the application in the mail by the next day. The grant award amount can be as much as $500,000,
however they would only be applying for $350,000. The application was structured so if it comes up shorter
from the State, it would be okay. The Town of Dix board meets later in the week and will be discussing it at that
meeting. He then acknowledged Kathy Walruth, Records Management Officer, for her hard work putting the
application together. Legislator Fagan asked for clarifications on the cost of $60,000 for salaries in the
application. O‟Hearn indicated that this was for operational costs, including two staff. He said that he was
confident that the grant will fair well and was open to further discussion. Legislator Bleiler asked for
clarification if this was going to be a shared facility, then it would also be shared services and staff, correct?
O‟Hearn replied yes.
PUBLIC PARTICIPATION:
        Mr. George Maylor stood and said he had some questions about Chemung Transit. He wondered if the
Senior Citizen discount for riders of the Chemung Transit in Schuyler County was removed in the budget.
Administrator O‟Hearn said he was not aware of the discount. Mr. Maylor said he was talking about the
disabled and senior‟s not receiving their discounts anymore. This information came from Chemung Transit
workers not riders. Legislator Slusser said that it appears that Chemung Transit was not keeping us in the loop
again. Legislator Bleiler replied that Mr. Maylor was saying that this information came from workers. Mr.
Maylor clarified that the information actually came from a person that collects the fairs of riders. Administrator
O‟Hearn said he would look into it.
        The Meeting adjourned at 6:55 P.M.
                                   PROCEEDINGS OF THE YEAR 2006                                           13
              Stacy B. Husted, Clerk
              Sharlene A. Parker, Deputy Clerk

                                          REGULAR MEETING
                                           FEBRUARY 13, 2006

        The February 13, 2006 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 Bingell and followed by a Moment
of Silence. All Legislators were present. County Attorney Coleman and County Administrator O‟Hearn were
also present.
PUBLIC PARTICIPATION: None.
7:00 PM - PRESENTATION BY NATIONAL WEATHER SERVICE ON SCHUYLER COUNTY
BEING DECLARED STORM READY:
Dave Nicosia who is the Warning Coordination Meteorologist at the National Weather Service forecast office in
Binghamton, presented the Schuyler County Emergency Management Director, William Kennedy, with
certifications and two highway signs that signify the Emergency Management team has completed a set of
criteria to earn the Storm Ready distinction. He explained that it is NOAA‟s job is to warn the public of
approaching storms and that they need a close relationship with the County Emergency Management office. He
stated that Schuyler is one of thirteen Counties in New York State that have been designated as Storm Ready.
He continued with stating that in order for a County to be recognized as Storm Ready a community must
establish a 24-hour warning point and emergency operations center, have more than one way to receive severe
weather forecasts and warnings and ways to alert the public, create a system that monitors local weather
conditions, promote the importance of public readiness through community seminars and develop a formal
hazardous weather plan which includes training severe weather spotters and holding emergency exercises. He
discussed Schuyler‟s history of severe weather and said that at least two tornados and forty-three severe
thunderstorms had occurred in the last twenty years. There was also some discussion about Schuyler being
susceptible to flooding or flash flooding and other winter storms. There was some additional discussion about
Seneca Lake being one of the largest Finger Lakes and that it could flood residents in Schuyler County. The
presentation went on to stress the importance of being prepared. He also mentioned that only one County in
Louisiana is considered Storm Ready, while every County in Florida is Storm Ready. The Storm Ready
program started in 1999 and is a voluntary program that helps communities plan to handle severe weather and
flooding threats. It provides communities with advice from a partnership between local National Weather
Service forecast offices and state and local emergency managers. Legislator Larison Commended William
Kennedy for getting Schuyler County Storm Ready. The presentation ended at 7:15 p.m.
RESOLUTION NO. 34 Motion by Bingell, Second by Larison.
RE: APPROVE MINUTES OF THE JANUARY 9, REGULAR MEETING OF THE SCHUYLER
        COUNTY LEGISLATURE
        BE IT RESOLVED, that minutes of the January 9, 2006 Regular Meeting of the Schuyler County
Legislature be approved.
Vote: 8-0.
RESOLUTION NO. 35 Motion by Bingell, Second by Yuhasz.
RE: RECOGNIZE MARCH 2006 AS NATIONAL COLORECTAL CANCER AWARENESS MONTH –
        PUBLIC HEALTH
        WHEREAS, colorectal cancer is one of the most preventable cancers, and
        WHEREAS, regular screening can actually prevent the disease and diagnose it in its early more easily
treated stages, and
        WHEREAS, colorectal cancer is preventable, treatable and beatable, and
        WHEREAS, thousands of lives can be saved through screening.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes March 2006
as National Colorectal Cancer Awareness Month
Vote: 8-0.
14                                  SCHUYLER COUNTY LEGISLATURE
RESOLUTION NO. 36 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE CONTRACT RENEWAL WITH STAFKINGS FOR HOME HEALTH SERVICES –
        PUBLIC HEALTH
        WHEREAS, the Schuyler County Home Health Agency contracts with Stafkings to provide home health
services, and
        WHEREAS, Stafkings has agreed to continue providing home health services with no increase in rates
for 2006.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract renewal with Stafkings to provide home health services, at the wage rates indicated, and
addressing Licensed Practical Nurse (LPN) service rate range and LPN overtime rate range, for the period
January 1, 2006 through December 31, 2006, funding available in the 2006 Public Health budget, account no.
4010.490, subject to the approval of the County Attorney.
Home Care Nursing Rates:
        Home Health Aide              $16.40 per hour
        Personal Care Aide            $16.40 per hour
        Homemaker                     $16.40 per hour
        Licensed Practical Nurse      $21.25 - $23.68 per hour
        Overtime - LPN                $27.54 - $30.60 per hour
        Registered Nurse              $27.28 - $33.55 per hour
        Overtime - RN                 $36.72 - $43.35 per hour
        On Call - RN                  $2.04 per hour
        On Call - RN holiday only $3.06 per hour
        Mileage                       $0.38 per mile
        Cell phone / pagers           Reimburse actual cost
Vote: 8-0.
RESOLUTION NO. 37 Motion by Bingell, Second by Yuhasz.
RE: APPOINTMENTS – COMMUNITY HOME CARE PROFESSIONAL ADVISORY COMMITTEE –
        PUBLIC HEALTH
        WHEREAS, the Community Home Care Professional Advisory Committee received a resignation from
Kathryn Doolittle, and
        WHEREAS, Shannon Cunningham of the Falls Home, Camelia Oswald of Public Health and William J.
Weiss of DSS should be added to the membership list.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the deletion
of Kathryn Doolittle and the appointment of Shannon Cunningham, Camelia Oswald and William J. Weiss for
the term January 1, 2006 through December 31, 2006.
Vote: 8-0.
RESOLUTION NO. 38 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH CHASE BANK FOR THE COMMERCIAL CARD PROGRAM
        – TREASURER‟S OFFICE
        WHEREAS, the Purchasing Department has been trying to streamline all payments for County business
due to many places no longer accepting Purchase Orders and County Vouchers, and
        WHEREAS, Chase Bank has a commercial card program that will help the County to achieve this goal.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with Chase Bank to supply us with commercial cards to be used strictly for County
business, at a cost of $50 per month, funding available in account no. 1680.400, subject to approval by the
Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 39 Motion by Larison, Second by Bingell.
RE: AUTHORIZE 2006 SEASONAL RATES FOR MARINA – BUILDINGS AND GROUNDS
        WHEREAS, the Public Works Committee of this Legislature has approved and submitted to this
Legislature, Schamel Brothers' proposed Rate Schedule for its consideration and approval, and
                                       PROCEEDINGS OF THE YEAR 2006                                           15
        WHEREAS, this Legislature has considered and concurs with the Public Works Committee's
recommendation to accept the proposed rates.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the following as the
Village Marina's 2006 Seasonal Rate Schedule for its 145 available slips:
                                            2006 SUMMER RATES
                          SLIP WIDTH             SLIP FEE      WATER & ELECTRIC
                               8' wide               $1,090.00             $100.00
                               10' wide              $1,115.00             $100.00
                               12' wide              $1,150.00             $100.00
                               14' wide              $1,240.00             $100.00
                               16' wide              $1,340.00             $100.00
                                             20 amp Service $100.00
                                             30 amp Service $150.00
                             Dry Docking w/unlimited use of launch ramp $450.00
2006 TRANSIENT DOCK
                                                 Without Electric
                                              Per hour      $ 2.00
                                              Per day       $ 40.00
                                              Per week      $175.00
                                              Per month     $600.00
                                          LAUNCHING RAMP FEES
                                      $4.00 per Launch (Tenants: no charge)
                            Unlimited Usage (October 31 through March 1): $45.00
                                                TRUCK CRANE
                                    Seasonal Tenants $65.00 per usage plus tax
                                      Non-Tenants $75.00 per usage plus tax
                                         WINTER STORAGE RATES
 AT THE DOCK: $15.00 per foot (use of bubbler system is allowed with electrical charges billed additionally)
                                            ON LAND: $8.00 per foot
                                    HAULING OUT: $3.50 per foot each way
MISCELLANEOUS RATES AND CHARGES
PUMP OUT: $4.00 per pump out for tenants; $5.00 per pump out for non-tenants
TRAILER/CRADLE FEE: Minimum of $30.00 includes handling and storage
Vote: 8-0.
RESOLUTION NO. 40 Motion by Larison, Second by Bingell.
RE: AUTHORIZE CREATION AND FILLING OF AN INFORMATION PROCESSING SPECIALIST
        POSITION/ABOLISH ACCOUNT CLERK TYPIST POSITION – BUILDINGS AND GROUNDS
        WHEREAS, the Buildings and Grounds Supervisor, the Human Resources Manager and the Personnel
Officer have carefully reviewed the job specification of the Account Clerk Typist position in the Buildings and
Grounds Department, and
        WHEREAS, the Account Clerk Typist‟s job duties have changed with more emphasis on micro-
computers and information processing, and
        WHEREAS, it is the recommendation of the Public Works Committee, the Human Resources Manager
and the Personnel Officer that the Account Clerk Typist title change to Information Processing Specialist to be
placed in Grade Level 12, at an hourly rate of $13.32 per hour, for the efficient operation of the Buildings and
Grounds Department and to more appropriately reflect the job responsibilities, and the County Administrator
concurs with said recommendation, and
        WHEREAS, there is money in the 2006 Buildings Personal Services budget account no. 1620.100 to
cover the cost of said change.
16                                      SCHUYLER COUNTY LEGISLATURE
         NOW, THEREFORE, BE IT RESOLVED, that the Buildings Maintenance Supervisor is hereby
authorized to create the title of Information Processing Specialist to be less than full-time, 20 hours a week in
Grade Level 12, at an hourly rate of $13.32, effective immediately, and
         BE IT FURTHER RESOLVED, that the title of Account Clerk Typist in the Buildings and Grounds
Department be hereby abolished.
Vote: 8-0.
RESOLUTION NO. 41 Motion by Karius, Second by Bingell.
RE: AUTHORIZE CONTRACT RENEWAL WITH COTT SYSTEMS FOR INDEXING SERVICES FOR
         THE YEARS 2006–2009 - COUNTY CLERK
         WHEREAS, the County Clerk contracts with Cott Systems for microfilm indexing services, and
         WHEREAS, the agreement will be a four-year agreement, with an increase in cost.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign a contract with Cott Systems in the amount not to exceed $14,184 annually, for a term of January 1, 2006
through December 31, 2009, funding will be available in the 2006 budget account no. 1410.428-Microfilming;
subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 42 Motion by Karius, Second by Bingell.
RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO.                              OF THE YEAR 2006 PROVIDING THAT
         NO EXEMPTION UNDER REAL PROPERTY TAX LAW §487 BE APPLICABLE WITHIN OUR
         JURISDICTION WITH RESPECT TO ANY SOLAR OR WIND ENERGY SYSTEM OR FARM
         WASTE ENERGY SYSTEM
         WHEREAS, Real Property Tax Law §487 provides an exemption from taxation for certain solar or wind
energy systems or farm waste energy systems, and
         WHEREAS, Real Property Tax Law §487(8) permits a county to adopt legislation to provide that no
exemption shall be applicable with respect to any solar or wind energy system.
         NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1 of the year 2006 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
March 13, 2006 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 2006
         A Local Law providing that no exemption under Real Property Tax Law §487 be applicable within our
jurisdiction with respect to any solar or wind energy system or farm waste energy system.
         Be it enacted by the Legislature of the County of Schuyler as follows:
         SECTION 1: LEGISLATIVE INTENT
                 It is the intent of this Local Law to provide no exemption from taxation as authorized in Real
         Property Tax Law §487.
         SECTION 2: EXEMPTION FROM TAXATION
                 No exemption from taxation shall be applicable with respect to any solar or wind energy system
         or farm waste energy system.
         SECTION 3: EFFECTIVE DATE:
                 This Local Law shall take effect immediately upon passage.
Vote: 8-0.
RESOLUTION NO. 43 Motion by Karius, Second by Bingell.
RE:      RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT
         LEGISLATION ALLOWING SCHUYLER COUNTY TO CONVEY LANDS TO THE STATE IN
         RETURN OF LAND FOR RADIO TOWER PLACEMENT
         WHEREAS, the current Schuyler County Emergency Services Communications System does not
provide adequate radio coverage for the emergency response agencies, and
                                       PROCEEDINGS OF THE YEAR 2006                                           17
        WHEAEAS, the Emergency Management Office has been working with the New York State
Department of Environmental Conservation (DEC) to acquire land that would provide for a radio tower site
suitable to enhance the current communications system, and
        WHEREAS, Schuyler County owns land on Chambers Road in the Town of Orange that would be
conveyed- fifty acres to the State in return for five acres of land on Tower Hill Road in the Town of Tyrone.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the
New York State Legislature to adopt special legislation amending New York State law to allow the Schuyler
County Legislature to convey lands as above-described to the State and to receive replacement lands in
substitution therefore, and
         BE IT FURTHER RESOLVED, that a certified copy of this Resolution be sent to Assemblyman
Thomas F. O‟Mara, Senator George H. Winner, Jr., Majority and Minority Leaders and the New York State
Attorney General.
Vote: 8-0.
RESOLUTION NO. 44 Motion by Fagan, Second by Bleiler.
RE: AUTHORIZE CREATION AND FILLING OF A PART-TIME COOK POSITION IN THE JAIL –
        SHERIFF‟S DEPARTMENT
        WHEREAS, an additional part-time Cook position is needed in the jail, and funds are available in the
Sheriff‟s 2006 budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to
create and fill one part-time Cook position at an hourly rate of $11.38 per hour effective immediately.
Vote: 8-0.
RESOLUTION NO. 45 Motion by Fagan, Second by Bleiler.
RE: AUTHORIZATION TO APPLY FOR 2006 BYRNE ANTI-DRUG FUNDS – SHERIFF‟S
        DEPARTMENT
        WHEREAS, money is available each year under the Byrne Anti-Drug Funds, 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 2006
        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: 8-0.
RESOLUTION NO. 46 Motion by Fagan, Second by Bleiler.
RE: AUTHORIZE CHAIRMAN TO SIGN THE AQUATIC INVASIVE SPECIES ERADICATION
        GRANT APPLICATION FOR THE LAMOKA/WANETA LAKES PROTECTION AND
        REHABILITATION DISTRICT (SCHUYLER COUNTY) FOR LAMOKA LAKE
        BE IT RESOLVED, that Thomas M. Gifford, as Chairman of the Schuyler County Legislature, is
hereby authorized and directed to file an application for funds from the Aquatic Invasive Species Eradication
Grant Program in an amount not to exceed $100,000, and upon approval of said request to enter into an execute
a State Assistance Contract with the New York State Department of Environmental Conservation for such
financial assistance to the Lamoka/Waneta Lakes Protection and Rehabilitation District (Schuyler County) for
Lamoka Lake EWM Eradication Project, and further, to carry out and comply with the terms of such project
agreement.
Vote: 8-0.
RESOLUTION NO. 47 Motion by Fagan, Second by Bingell.
RE: AUTHORIZE CHAIRMAN TO SIGN THE AQUATIC INVASIVE SPECIES ERADICATION
        GRANT APPLICATION FOR THE LAMOKA/WANETA LAKES PROTECTION AND
        REHABILITATION DISTRICT (SCHUYLER COUNTY) FOR WANETA LAKE
        BE IT RESOLVED, that Thomas M. Gifford, as Chairman of the Schuyler County Legislature, is
hereby authorized and directed to file an application for funds from the Aquatic Invasive Species Eradication
Grant Program in an amount not to exceed $20,000, and upon approval of said request to enter into an execute a
State Assistance Contract with the New York State Department of Environmental Conservation for such
18                                   SCHUYLER COUNTY LEGISLATURE
financial assistance to the Lamoka/Waneta Lakes Protection and Rehabilitation District (Schuyler County) for
Waneta Lake EWM Eradication Project, and further, to carry out and comply with the terms of such project
agreement.
Vote: 8-0.
RESOLUTION NO. 48 Motion by Fagan, Second by Bingell.
RE: AUTHORIZE APPLICATION FOR 2005-2006 SECTION 5311 ANNUAL OPERATING
        ASSISTANCE
        WHEREAS, the County of Schuyler is submitting a request for a grant of funds to the New York State
Department of Transportation, pursuant to Section 5311, Title 49 United States Code, for a project to provide
for Public Mass Transportation Service for Schuyler County, for the 2005 and 2006 fiscal years, and
        WHEREAS, the County of Schuyler and the State of New York have entered into a continuing
Agreement for a ten-year period, which authorizes the undertaking of the Project and payment of the Federal
Share, identified as State Contract No. C003673.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to act on
behalf of the County of Schuyler to sign the annual grant application and process and complete the above
named project, and
        BE IT FURTHER RESOLVED, that the County of Schuyler is contracting with a third party
subcontractor for the project described above, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to sign any contracts
or agreements between the County of Schuyler and any third party subcontractor necessary to complete the
above named Project, subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 49 Motion by Fagan, Second by Bingell.
RE: SUPPLEMENTAL AGREEMENT FOR THE CONSTRUCTION INSPECTION AND ROW OF CR-
        06 BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT
        WHEREAS, Resolution No. 256-03 authorized an agreement with Hunt Engineers for the design of
County Route 06 bridge replacement, and
        WHEREAS, the replacement of PIN 6753.25, BIN 3332490, CR 06 over Taughannock Creek is a
Federal-aid eligible project, and
        WHEREAS, a supplemental agreement is necessary for additional design, ROW survey and
acquisitions, and construction inspection services, necessary, but not assumed in the original agreement., and
        WHEREAS, Hunt Engineers have been retained for additional 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 supplemental agreement not to exceed $188,000.00, funding available in
the 2006 budget account no. 5020.400; subject to the approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 50 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE CONTRACT RENEWAL WITH DIANE HABECK – HEALTH SERVICES
        WHEREAS, the Coordinator of Fiscal Operations and Budgetary Planning is still in need of consultation
with Diane Habeck, and
        WHEREAS, funds are available in the 2006 County budget account no. 4310.435 to pay for this service.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
enter into a contract with Diane Habeck for consultation services at a rate of $75 an hour, in an amount not to
exceed $7,500.00, effective January 1, 2006 through December 31, 2006; subject to the approval of the
Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 51 Motion by Larison, Second by Bleiler.
RE: ONE-YEAR APPOINTMENTS
                                      PROCEEDINGS OF THE YEAR 2006                                     19
        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, 2006 through December 31,
2006, to wit:
                             ENVIRONMENTAL MANAGEMENT COUNCIL
                                          Amy Fleet, County Planning
                  (replacing Michelle Benjamin – unexpired term through December 31, 2006)
                                         PLANNING COMMISSION
                                         Debra Cox, Town of Montour
                         (unexpired term for John Q. Smith through December 31, 2006)
                                               YOUTH BOARD
                                                 Charlotte Hall
                                                  Judah Baker
                                                  Mel Shroeder
Vote: 8-0.
RESOLUTION NO. 52 Motion by Larison, Second by Bleiler.
RE: TWO-YEAR APPOINTMENTS
        BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following
individuals to the below boards, committees, agencies, for the term January 1, 2006 through December 31,
2007, to wit:
                             ENVIRONMENTAL MANAGEMENT COUNCIL
                                             Margaret Ball, Student
                                         Rita Decker, Village of Odessa
                                                 Dennis Fagan
                                            Andrew Neilson, Student
                                          Harold Russell, Town of Dix
                                          Dan Teed, Member at Large
                                         PLANNING COMMISSION
                                               Timothy Benjamin
                                          STC HUMAN SERVICES
                                                 Sharon Bingell
Vote: 8-0.
RESOLUTION NO. 53 Motion by Larison, Second by Yuhasz.
RE: THREE-YEAR APPOINTMENTS
        BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following
individuals to the below boards, committees, agencies, for the term January 1, 2006 through December 31,
2008, to wit:
                                               YOUTH BOARD
                                                  Mary Wilson
Vote: 8-0.
RESOLUTION NO. 54 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE APPOINTMENT TO THE DISTRICT MANAGEMENT ASSOCIATION
        BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Danielle
Hauteniemi, Schuyler County Planning to represent the County at the Watkins Glen District Management
Association meetings.
Vote: 8-0.
RESOLUTION NO. 55 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE APPOINTMENT TO MENTAL HEALTH SUBCOMMITTEE AND MENTAL
        RETARDATION/DEVELOPMENTAL DISABILITIES COMMITTEE
        BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Sue Brill to the
Mental Health Committee for the third term January 1, 2004 through December 31, 2006 and Christine Keough
to the MR/DD Committee for the unexpired term of January 1, 2006 through December 31, 2008.
20                                    SCHUYLER COUNTY LEGISLATURE
Vote: 8-0.
RESOLUTION NO. 56 Motion by Bleiler, Second by Karius.
RE: AUTHORIZE AMENDMENT OF RESOLUTION NO. 94-04 FOR THE APPOINTMENT TO THE
        INFORMATION ADVISORY COMMITTEE
        BE IT RESOLVED, that the Schuyler County Legislature approves the amendment to Resolution No.
94-04 by removing Tim Tostanoski, STCRP&D Board and Bob Wixson, SCT Computing from the Information
Advisory Committee and replacing them with Timothy O‟Hearn, County Administrator and Loren Cottrell,
Danica Computing.
Vote: 8-0.
RESOLUTION NO. 57 Motion by Bleiler, Second by Karius.
RE: ACCEPT/REJECT BIDS FOR THE PURCHASE OF TWO (2) NEW 16' STAINLESS STEEL
        MATERIAL/SALT SPREADERS – HIGHWAY DEPARTMENT
        WHEREAS, Resolution No. 18-06 authorized advertisement for bids for the purchase of two (2) new
stainless steel material salt spreaders, and
        WHEREAS, bids were opened February 1, 2006 and reviewed with the recommendation being made by
the Highway Superintendent to accept the bid from Smart Systems, Inc.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the bid
from Smart Systems, Inc. for the purchase of two (2) 16‟ stainless steel material salt spreaders at the bid price of
$22,503.00; funds available in the 2006 budget account number 5130.262, and
        BE IT FURTHER RESOLVED, that all other bids received be hereby rejected, with a note of
appreciation for their participation.
Vote: 8-0.
RESOLUTION NO. 58 Motion by Bleiler, Second by Karius.
RE: ACCEPT/REJECT BIDS FOR ONE (1) EXCAVATOR – HIGHWAY DEPARTMENT
        WHEREAS, Resolution No. 18-06 authorized advertisement for bids for one Excavator, and
        WHEREAS, bids were opened February 1, 2006 and reviewed with the recommendation being made by
the Highway Superintendent to accept the bid from Vantage Equipment.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the following
bid from Vantage Equipment for a 2005 Volvo EW180B in the amount of $152,078.00; funds available in the
2006 budget account number 5130.295, and
        BE IT FURTHER RESOLVED, that all other bids received are hereby rejected, with a note of
appreciation for their participation.
Vote: 8-0.
RESOLUTION NO. 59 Motion by Larison, Second by Bingell.
RE: DECLARE EQUIPMENT SURPLUS AND SELL TO TOWN OF READING – HIGHWAY
        DEPARTMENT
        WHEREAS, the Highway Department has one (1) 1990 Cruise-Air Extend-A-Hoe Excavator, Serial
#44429254 asset # 529, with one (1) Wrist-O-Twist bucket serial #896 Asset # 532 and one (1) 60”Ditching
Bucket asset # 530 which is being replaced, and
        WHEREAS, the Highway Department requested quotes from all Schuyler County Towns and Villages,
and
        WHEREAS, the Town of Reading is the only municipality that has expressed interest in purchasing this
equipment.
        NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County
Legislature hereby declare equipment as surplus, and
        BE IT FURTHER RESOLVED, that the item be sold to the Town of Reading for the sum of $8,500.
Vote: 8-0.
RESOLUTION NO. 60 Motion by Larison, Second by Bingell.
RE: AUTHORIZE CONTRACT WITH NATIONAL EMPLOYERS COUNCIL, INC. FOR
        UNEMPLOYMENT COST CONTROL SERVICES – HUMAN RESOURCES
                                       PROCEEDINGS OF THE YEAR 2006                                           21
        WHEREAS, the County has averaged almost $24,000 annually on unemployment insurance benefits for
the past three years, and
        WHEREAS, the state‟s regulations regarding Unemployment Insurance are numerous and complex,
requiring professional guidance, and
        WHEREAS, it is the recommendation of the Human Resources Director in concurrence with the County
Treasurer and with the approval of the County Administrator, that the County contract with National Employers
Council, Inc. to administer the county‟s unemployment insurance in an effort to reduce costs through:
     Data Processing/Auditing of Claims
     Representative to the State for processing all unemployment claims and responding to all unemployment
        related correspondence.
     Training of HR Staff on the unemployment compensation program, as well as keeping staff up to date of
        legislative changes in the law.
     Training of other county staff on misconduct, documentation and warnings, absenteeism and other
        topics.
     Consultation Helpline for all Supervisors.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into an agreement with National Employers Council, Inc. for the provision of Unemployment Cost
Control Services as outlined above for a term of March 1, 2006 through February 28, 2007 at a quarterly charge
of $450, including an initial workshop and set-up fee of $450, funding available in the 2006 budget, account no.
9050.805-Unemployment Insurance; subject to the approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 61 Motion by Larison, Second by Bingell.
RE: AMEND RESOLUTION NO. 28-06 TITLED “ONE TO FOUR YEAR APPOINTMENTS”
        BE IT RESOLVED, the Resolution No. 28-06 be amended to remove Glenn Larison from the
Emergency Medical and Highway Safety Committee and replace him with Delmar Bleiler for the term January
1, 2006 through December 31, 2007.
Vote: 8-0.
RESOLUTION NO. 62A Motion by Bleiler, Second by Bingell.
RE: MOTION TO AMEND RESOLUTION NO. 62
        BE IT RESOLVED, that Legislator Daryl Slusser not be removed from the Health Insurance Review
Committee as the Legislative Representative
Vote: 8-0.
RESOLUTION NO. 62 Motion by Larison, Second by Bingell.
RE: APPOINTMENT – HEALTH INSURANCE REVIEW COMMITTEE – AS AMENDED
        BE IT RESOLVED, that Legislator Delmar Bleiler be appointed as an additional Legislative
Representative to the Health Insurance Review Committee.
        DISCUSSION: Legislator Slusser suggested not removing him from the Health Insurance Review
Committee but to have him and Legislator Bleiler on the Committee. Legislator Bleiler stated that he felt that
having two Legislators on the Committee was appropriate
Vote: 8-0.
RESOLUTION NO. 63 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: 8-0.
RESOLUTION NO. 64 Motion by Larison, Second by Bingell.
RE: Resolution Approving a Partial Release of Mortgage for Property Conveyed by Schuyler
        Redevelopment, LLC to Chicone Builders
        WHEREAS, by Resolution No. 161-02 the Schuyler County Legislature applied for the Governor‟s
Office of Small Cities (GOSC) of up to $750,000 to assist Schuyler Redevelopment, LLC (SRLLC) in
defraying the costs of redeveloping the former Shepard Niles premises, and
22                          SCHUYLER COUNTY LEGISLATURE
       WHEREAS, SRLLC wishes to sell a portion of the former Shepard Niles, Inc. site to Chicone Builders,
and
         WHEREAS, Schuyler County needs to approve of the lien of Schuyler County Industrial Development
Agency‟s (SCIDA) mortgage released from this property to convey clear title to Chicone Builders, and
         WHEREAS, approval by Schuyler County as the lead agent is necessary as part of the terms of several
grant and loan agreements between the Governor‟s Office of Small Cities (GOSC), Schuyler County, SCIDA
and SRLLC.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves a
partial release of mortgage for property conveyed by SRLLC to Chicone Builders.
DISCUSSION: Legislator Fagan asked specifically where the property was located. Administrator O‟Hearn
replied that it was located behind the Office for the Aging building and a storage building was located on it.
Legislator Fagan wanted to know what impact it would have on the property. Administrator O‟Hearn replied
that there would not be any impact. Legislator Slusser questioned if this was not included in the loan
agreement. Chairman Gifford stated that this must be located on the mortgage and now needs a release.
Legislator Slusser also noted that the value determination was not included.
Vote: 8-0.
RESOLUTION NO. 65 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR CONTINUED ENGINEERING
         SERVICES – BUILDINGS AND GROUNDS
         WHEREAS, the Building Maintenance Supervisor is in need of additional engineering services relative
to the reallocation study of office space for county offices, and
         WHEREAS, Hunt Engineers, Architects and Surveyors are the original engineers who provided original
drawings for the study in 2005.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an
agreement with Hunt Engineers for continued engineering services in the amount of $5,800, subject to the
approval of the Schuyler County Attorney, and
         BE IT FURTHER RESOLVED, said agreement to be funded from the Buildings and Grounds account
no. 1620.435.
DISCUSSION: Legislator Karius expressed concern in regard to how much money had already been spent on
studies and now there is a need for additional studies. Administrator O‟Hearn replied that this particular study
is needed in order to move forward with the project. Legislator Karius said she would be voting no on this
resolution. Legislator Slusser asked for additional clarification and Legislator Fagan indicated that he had
understood that now the project plans had changed to possibly include adding additional Human Service
Programs into the mix which would change the original plans making it necessary for this resolution.
Vote: 7-1. No: Karius.
RESOLUTION NO. 66 Motion by Larison, Second by Bingell.
RE: ACCEPT RESIGNATION AND AUTHORIZE SEPARATION AGREEMENT
         WHEREAS, the Office for the Aging Director has submitted his resignation, effective February 14,
2006, and
         WHEREAS, upon the recommendation of the County Administrator the Legislature wishes to authorize
a separation agreement with the Director.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign a separation agreement with the Office for the Aging Director effective February 14, 2006; said agreement
drafted and approved by labor counsel.
Vote: 8-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
         Legislator Larison reported that he had recently attended the Fish & Wildlife Committee meeting. They
were discussing the deer kill population and how it seems to relate the numbers in correlation with the type of
Winter Season that has occurred. He said that 8% of deer licenses go towards nuisance licenses. The
                                        PROCEEDINGS OF THE YEAR 2006                                            23
committee is concerned that area hunter‟s seem to be from an older generation and there is a need to get
younger hunters introduced to the sport. Attorney Coleman added that the next Hunter Education class was to
be held April 5th, 7th and 8th and wanted people to pass the word to others. People can sign up at the County
Clerk‟s office.
        Legislator Bleiler shared that he had gone to the Town of Cayuta Board Meeting last week and there was
some discussion in regards to the new changes with obtaining dog licenses. Soon they will be able to be
purchased at Rabies Clinics and there is now a new Law that allows you to choose either a one or three-year
term. Additional research was needed to clarify if the new three-year term was now required but the outcome
was that it is only an optional term.
        Legislator Bingell announced that there would be a mini Health Fair held on February 22nd from
10:00am – 12:00pm at the Montour Falls Pharmacy. There would be Colorectal kits available and they would
be taking blood pressures. The Healthy Women Partnership would have information available at the fair and
Schuyler Hospital will be checking blood sugar. All of this will be provided free of charge. Bingell also
reported that she had received the master plan for Department of Transportation and would provide copies to all
the Legislators and the County Administrator. She also obtained an updated organizational chart with names
and titles of all employees of the Department of Transportation Leadership contacts.
        Legislator Fagan said that the ten-year update of the Solid Waste Management Plan for Schuyler County
is in draft form and available in the Legislative office for review and for public comment. If anyone had
concerns they had until March 15th to submit comments.
COUNTY ADMINISTRATOR’S REPORT:
        Administrator O‟Hearn reported on the Council of Government. They have established a steering
committee to discuss a uniform Property assessment and code enforcement in the County. The Council has
decided that a task force is the best way to tackle the issues. They are inviting all stakeholders, and the next
meeting will be on March 2nd. The group will assess the current process and evaluate its efficiency. The next
full meeting for the council will be on April 26th. The Council agendas are getting full and they seem to be
getting more and more requests from people to present items to the Council of Governments. The Council
group seems to be growing.
        Administrator O‟Hearn gave an update on the Tobacco Asset Securitization Committee (TASC). On
January 13th, the Governor signed into act that the task falls under a new guideline, there was a packet from
Harris Beach recently received in the Administrator‟s office. O‟Hearn will provide copies to the members.
There will also be a training held in June in Syracuse, but the packet explains the information. Legislator
Slusser asked to make sure he received a copy of the information. He said that a committee had not been
created yet and felt the members had no where to go right now until they receive more direction. Administrator
O‟Hearn said that by June they should know more.
        O‟Hearn also reported on a recent meeting with Steve Gillette from the Housing Authority of Jefferson
Village. They discussed a proposal for an evaluation to look at suitable housing that Gillette has been involved
in developing. The Housing Authority has spent money on developing a survey and now needs to figure out
how to get this survey out to the public. The funding is limited and they are looking for help with getting it out
into the public. The initiative is to find out what the housing needs are for the County rather than focusing just
on Montour Falls or Watkins Glen. They are looking for a partnership to evaluate the entire County‟s needs.
This is currently a volunteer group that is involved with this project. The group projects a cost of between $4-
5,000 of expenses related to the disbursement of the survey. There may be a way to help facilitate assistance
with this surveys disbursement. The County could assist with making everyone aware of the survey and maybe
partner in the assessment. Legislator Slusser asked for clarification on what group was involved with this
survey. O‟Hearn replied that it is the Housing Authority that oversees Jefferson Village.
PUBLIC PARTICIPATION:
        Gordon Swarthout from Beaver Dams stood and stated that he has been talking to the County
Administrator about a continued concern for a County structure that he claims to be on his property. Mr.
Swarthout states that Mr. O‟Hearn has assured him that the issue is being worked out. Mr. Swarthout stated that
the structure has been on the property since 1999 and went on to say that he figures the County should be
paying him about $10 a day until this issue is worked out.
24                                  SCHUYLER COUNTY LEGISLATURE
       MOTION by Legislator Larison to go into executive session to discuss employee work history,
SECOND by Legislator Bleiler.
       MOTION by Legislator Larison to come out of Executive Session and to accept a resignation and
authorize a separation agreement, SECOND by Legislator Bingell.
       The Meeting adjourned at 7:38 P.M.
               Stacy B. Husted, Clerk
               Sharlene A. Parker, Deputy Clerk

                                           REGULAR MEETING
                                             MARCH 13, 2006

        The March 13, 2006 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Acting Chairman Karius. The Pledge of Allegiance was led by Legislator Slusser and followed by a
Moment of Silence. All Legislators were present except Legislator‟s Gifford and Yuhasz who were excused.
County Attorney Coleman and County Administrator O‟Hearn were also present.
PUBLIC PARTICIPATION: None.
7:00P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR
2006 PROVIDING THAT NO EXEMPTION UNDER REAL PROPERTY TAX LAW §487 BE
APPLICABLE WITHIN OUR JURISDICTION WITH RESPECT TO ANY SOLAR OR WIND
ENERGY SYSTEM OR FARM WASTE ENERGY SYSTEM:
        Ruth Young, resident of the Town of Orange and former Schuyler County Legislator, stood and asked
for further explanation of the proposed Local Law. Administrator O‟Hearn explained that the current
exemption from real property taxes that solar, wind energy systems or a farm waste energy systems are eligible
for in the County is now being reviewed for change. By rescinding the exemptions, it makes it possible for
developers to arrange for a payment in lieu of taxes (PILOT) agreement that could be established through the
County‟s Industrial Development Agency. The motivation for this Local Law has originally come from the
Steuben County Legislature, who adopted the same Local Law recently. A Wind Power Development
Company has proposed a project in the Town of Hornby (Steuben County) and the Town of Orange (Schuyler
County). The Steuben County Industrial Development Agency (SCIDA) has taken the lead role with conducting
an environmental review process for the proposed project by the Clipper Wind Power Company. O‟Hearn
further explained that it is important for Schuyler County and the Town of Orange, where the wind turbines are
being proposed, to generate revenue from the development of wind farms because such development can result
in negative financial impacts. For example, while officials from Clipperwind have said the company would pay
for improvements to town roads leading to areas where construction of turbines is planned, the towns would
eventually need additional funds to cover the cost to maintain the roads. O‟Hearn also said that the current
exemptions are applied to the improvements on the property itself and unless local municipalities rescind them,
the exemptions are granted automatically by the state‟s real property tax law 487.
        Legislator Fagan says he looks at the law as a way to mitigate opposition from people that don‟t want
the wind turbines, solar or farm waste energy systems near their property. By doing this the local municipalities
are benefiting from these projects.
        Ruth Young asked for additional clarification being giving some examples of scenarios. She asked what
would happen if someone had a farm and put in a methane generator, would they be able to receive an
exemption? O‟Hearn replied by answering, “no, not necessarily”. They may be able to receive a 10 yr.
Exemption under the AG District. Young then asked how this local law would enhance the development of this
type of energy. Legislator Bleiler replied that if we did not do this then the IDA would not be moving ahead.
O‟Hearn stated that he was not sure this is incentive but this is not a disincentive, this does not seem to
discourage the use or development, this is just following the suit of other municipals. Young asked who was
loosing the exemption – landowner or the company. O‟Hearn- replied the land owner, but that may be one in
the same. Young also wanted to know how this is handled in other states. O‟Hearn said he was not sure.
Young said she did not see where it is causing us to look toward the future and encouraging the use of
                                       PROCEEDINGS OF THE YEAR 2006                                            25
renewable energy. She said it seems like this may be like a “Rock in the Road” for the development of fossil
fuels.
        Legislator Fagan said this should help not a detriment to green power and should help with the people
that do not want it in their back yards, the PILOT is needed. Young also asked what the landowner would
receive? They must have a lease agreement, right? Legislator Fagan replied that they do have agreements or
leases and usually make out very well. Young stated that she has been a member of American Wind Energy for
twenty years and hopes that this company has been checked out to make sure that this company is reputable.
O‟Hearn stated that all of this will be evaluated, they will have performance bond in the beginning and they are
no risk to the municipalities. He acknowledged the concerns and said that they are appreciated. Young stated
that unless we take energy conservation seriously, renewable energy by themselves does nothing for us unless
they are attached to conservation of energy.
        Legislator Fagan said he was aware that this is multi-step program.
        Young clarified what she was trying to say prior. She said that if we are not using less, what are we
doing for energy conservation? If we are using less, then every windmill will make a difference.
RESOLUTION NO. 67 Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE FEBRUARY 13, 2006 REGULAR MEETING OF THE SCHUYLER
        COUNTY LEGISLATURE
        BE IT RESOLVED, that minutes of the February 13, 2006 Regular Meeting of the Schuyler County
Legislature be approved.
Vote: 6-0.
RESOLUTION NO. 68 Motion by Larison, Second by Bingell.
RE: APPOINTMENTS - SCHUYLER COUNTY YOUTH BOARD
        BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Dan Knapp
and Mel Schroeder to the Schuyler County Youth Board, for the term January 1, 2006 through December 31,
2008.
Vote: 6-0.
RESOLUTION NO. 69 Motion by Larison, Second by Bingell.
RE: AUTHORIZE ADDITIONAL COMPENSATION FOR DEPUTY OFFICE FOR THE AGING
        DIRECTOR
        WHEREAS, the Office for the Aging Director has tendered his resignation effective February 14, 2006,
and
        WHEREAS, there will be a gap in services between the time the current Director leaves and a
replacement is found, and
        WHEREAS, this gap in service necessitates a significant need for additional administrative oversight
and responsibility of the Deputy Director.
        WHEREAS, it is the recommendation of the County Administrator and the Human Services committee
that the Deputy Office for the Aging Director receive additional compensation while taking on the additional
duties of the Director.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves of additional compensation for
the Deputy Office for the Aging Director, Wendy Wolcott, in the amount of $500 a month for the additional
duties and responsibilities, effective February 14, 2006 until such time as a new Director assumes the position
or other arrangements are made, funding available in the 2006 Office for the Aging budget account no.
6772.100.
Vote: 6-0.
RESOLUTION NO. 70 Motion by Larison, Second by Bingell.
RE: RESOLUTION TO ACCEPT $226,468 IN SETTLEMENT OF MEDICAID OVERPAYMENTS
        FROM NEW YORK STATE
        WHEREAS, Social Services Law (SSL) §365(5) provides that the NYS Department of Health (DOH) is
responsible for furnishing benefits to “eligible persons when such person is in need of…medical assistance at
the time he is discharged or released or conditionally released from a state department of mental hygiene facility
26                                    SCHUYLER COUNTY LEGISLATURE
pursuant to the mental hygiene law and when such person was admitted to such facility and has been a patient
therein for a continuous period of five or more years prior to his discharge or release,”, and
        WHEREAS, SSL §368-a(1)(f) provides that MEDICAID benefits provided to persons described in SSL
§365(5) shall be reimbursed by DOH without regard to a local district contribution, and
        WHEREAS, beneficiaries identified by SSL §365(5) are commonly referred to as “621-eligibles” after
the 1974 chapter law that initially described such persons, and
        WHEREAS, DOH and/or its predecessor NYS Department of Social Services (NYSDSS) had
designated Schuyler County pursuant to SSL §365(5) to act as an agent in discharging DOH‟s and/or NYSDSS‟
responsibility in making the necessary eligibility determinations, and
        WHEREAS, Schuyler County relied in part on information provided by the Office of Mental Health
(OMH) and/or the Office of Mental Retardation and Developmental Disabilities (OMRDD) causing both the
categorization of certain 621-eligibles as ineligible on the Welfare Management System (WMS) and the
MEDICAID Management Information System (MMIS), and the subsequent improper or erroneous local district
financial contribution toward the costs of MEDICAID provided to certain 621-eligibles, and
        WHEREAS, the DOH conducted an extensive record search to identify 621-eligible clients and
generated a list of services provided to these 621-eligible clients and compared them with the local share paid
by Schuyler County, ultimately arriving at the amount Schuyler County overpaid due to mis-categorization of
621-eligibles, and
        WHEREAS, the New York State Department of Health is offering Schuyler County $226,468 in full
satisfaction of any liability of the State of New York, DOH, OMH and/or OMRDD for any and all local share
overpayments made by Schuyler County as a result of improper or erroneous categorization of 621-eligibles for
all dates of payments prior to October 1, 2005.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the
State‟s offer of $226,468 in full satisfaction of any liability of the State of New York or its agencies for any and
all MEDICAID local share overpayments made by Schuyler County as a result of improper or erroneous
categorization of 621-eligibles, and
        BE IT FURTHER RESOLVED, that the Schuyler County Legislature authorizes the Chairman of the
Legislature to sign the Stipulation of Settlement accepting the State‟s offer of $226,468.
Vote: 6-0.
RESOLUTION NO. 71 Motion by Bingell, Second by Bleiler.
RE: RECOGNIZE MARCH 2006 AS NATIONAL PROFESSIONAL SOCIAL WORK MONTH -
        COMMUNITY SERVICES
        WHEREAS, social workers have the education and experience to guide individuals, families and
communities through complex issues and choices, and
        WHEREAS, social workers connect individuals, families and communities to available resources, and
        WHEREAS, social workers are dedicated to improving the society in which we live, and
        WHEREAS, social workers are positive and compassionate professionals, and
        WHEREAS, social workers stand up for others to make sure everyone has access to the same basic
rights, protections and opportunities, and
        WHEREAS, social workers help people help themselves, whenever and wherever they need it, and
        WHEREAS, social workers have long been the driving force behind important social movements in the
United States and abroad.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes March 2006
as National Professional Social Work Month and recognizes professional social workers for their commitment
and dedication to individuals, families and communities everywhere through legislative advocacy, service
delivery, research and education.
Vote: 6-0.
RESOLUTION NO. 72 Motion by Bingell, Second by Bleiler.
 RE: AMEND 2005 – 2006 EARLY INTERVENTION/CHILDREN WITH SPECIAL HEALTH CARE
        NEEDS GRANT BUDGET – PUBLIC HEALTH
                                      PROCEEDINGS OF THE YEAR 2006                                         27
        WHEREAS, Resolution 324-05 established the budget for the 2005-06 Early Intervention/Children with
Special Health Care Needs grant, and
        WHEREAS, planned expenditures of the grant monies have changed, and these changes necessitate
amendments to the original budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
amend the 2005 - 2006 Public Health Department budget as follows:
        CHANGE          NEW AMOUNT             ACCOUNT NO.             DESCRIPTION
        +$1,857         $ 26,013               4010.100-4012           Personnel
        +$ 643          $ 9,001                4010.489-4012           Fringe Benefits
        -$ 2,500        $ 2,500                4010-446-4012           MILR
Vote: 6-0.
RESOLUTION NO. 73 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE ADOPTION OF A REVISED FEE SCHEDULE FOR HOME HEALTH SERVICES –
        PUBLIC HEALTH
        WHEREAS, the Public Health Department sets fees for its home health services based on the cost of the
services provided, and
        WHEREAS, a recent review of the cost of services provided by the Schuyler County Home Health
Agency indicates that fees for services should be increased to meet the costs of those services.
        NOW, THEREFORE, BE IT RESOLVED, that the Public Health Department charge and collect fees
for home health services provided by the Schuyler County Home Health Agency as follows:
                Skilled Nursing                $145.00/visit (unchanged)
                Physical Therapy               $105.00/visit (unchanged)
                Speech Therapy                 $110.00/visit (increase $5/hr.)
                Occupational Therapy           $120.00/visit (increase $15/hr.)
                Medical Social Worker          $105.00/visit (unchanged)
                Personal Care Aide             $34.00/hr. (unchanged)
                Home Health Aide               $34.00/hr. (unchanged)
                Home Telemonitoring            $250.00/month (unchanged), and
        BE IT FURTHER RESOLVED, that actual charges will be assessed using an income-based sliding fee
scale.
Vote: 6-0.
RESOLUTION NO. 74 Motion by Bingell, Second by Bleiler.
RE: ESTABLISH 2006-2007 IMMUNIZATION GRANT – PUBLIC HEALTH
        WHEREAS, Schuyler County‟s annual immunization grant will be $18,900 for the period April 1, 2006
through March 31, 2007, and
        WHEREAS, this grant is 100% State funded.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
establish the 2006-2007 Immunization Grant Budget as follows:
        AMOUNT                 ACCOUNT NO.                     DESCRIPTION
        $ 11,270               4010.100-4022                   Personnel
        $ 3,730                4010.489-4022                   Fringe Benefits
        $ 1,400                4010.400-4022                   Contractual
        $ 2,500                4010.446-4022                   Maintenance In Lieu of Rent
        $ 18,900               4010.3401-4022                  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: 6-0.
RESOLUTION NO. 75 Motion by Bingell, Second by Bleiler.
RE: ESTABLISH 2006-2007 LEAD GRANT – PUBLIC HEALTH – AS AMENDED BY RES. NO. 76-07
        WHEREAS, Schuyler County‟s annual lead grant will be $25,000 for the period April 1, 2006 through
March 31, 2007.
28                                     SCHUYLER COUNTY LEGISLATURE
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
establish the 2006-2007 Lead Grant Budget as follows:
        AMOUNT                  ACCOUNT NO.                    DESCRIPTION
        $ 14,327                4010.100-4004                  Personnel
        $ 6,023                 4010.489-4004                  Fringe Benefits
        $ 1,750                 4010.400-4004                  Contractual
        $ 2,500                 4010.446-4004                  Maintenance in Lieu of Rent
        $     750               4010.579-4004                  Lead Testing
        $ 25,350                4010.4401-4004                 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: 6-0.
RESOLUTION NO. 76 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE DISTRIBUTION OF FEDERAL SALARY SHARING FUNDS AND AMEND 2006
        COUNTY BUDGET - COMMUNITY SERVICES
        WHEREAS, the New York State Office of Mental Health is prepared to reimburse counties for Federal
Salary Sharing claims not previously distributed, and
        WHEREAS, the Schuyler County Community Services Department is requesting the distribution of
$190,650.00 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 2006 Mental Health budget as follows:
        AMOUNT                  ACCOUNT NO.            DESCRIPTION
        +$170,650.00            4310.435-4316          Professional Fees - Federal Salary Sharing
        +$ 20,000.00            4310.200-4316          Equipment-Federal Salary Sharing
        +$190,650.00            4310.4490-4316         Federal Salary Sharing Revenue
Vote: 6-0.
RESOLUTION NO. 77 Motion by Larison, Second by Bingell.
RE: AUTHORIZE CONTRACT AMENDMENT WITH THE COUNCIL ON ALCOHOLISM AND
        OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES AND AMEND THE 2006
        BUDGET - COMMUNITY SERVICES
        WHEREAS, the Community Services Department currently has a contract with the Council on
Alcoholism and Other Chemical Dependencies of the Finger Lakes (Council on Alcoholism) in an amount not to
exceed $154,122 for 2006, and
        WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has
issued a revised State Aid letter increasing funding to the Council by $11,775.
        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 for alcoholism and substance abuse
prevention services, increasing the amount of the contract by $11,775 to an amount not to exceed $165,897,
subject to the approval of the County Attorney,
        BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2006 County
Budget as follows:
        AMOUNT                  ACCOUNT NO.                    DESCRIPTION
        +$11,775                4322.550                       Council on Alcoholism
        +$11,775                4322-3490                      State Aid - Mental Health
Vote: 6-0.
RESOLUTION NO. 78 Motion by Larison, Second by Bingell.
RE: AUTHORIZE CREATION AND FILLING OF A BOOKKEEPER POSITION – TREASURER‟S
        OFFICE
        WHEREAS, the Sr. Account Clerk Typist position in the Treasurer‟s Office has undergone significant
changes in duties due to the vacancy of the Chief Accountant Position, and
                                      PROCEEDINGS OF THE YEAR 2006                                          29
        WHEREAS, it is the recommendation of the Management and Finance Committee and the Personnel
Officer that the Sr. Account Clerk Typist title change to Bookkeeper to be placed in Grade Level XVI, at an
hourly rate of $14.39 per hour, and the County Administrator concurs with said recommendation, and
        WHEREAS, there is money in the 2006 Treasurer‟s account no. 1320.100-Personnel Services to cover
the cost of said change.
        NOW, THEREFORE, BE IT RESOLVED, that the Treasurer is hereby authorized to create the title of
Bookkeeper full-time, 35 hours a week in Grade Level XVI, at an hourly rate of $14.39 per hour, retroactive to
January 1, 2006.
Vote: 6-0.
RESOLUTION NO. 79 Motion by Larison, Second by Bingell.
RE: AUTHORIZE BIDDING FOR 457 DEFERRED COMPENSATION MODEL PLAN AND
        CREATION OF DEFERRED COMPENSATION COMMITTEE
        WHEREAS, Section 9003.5 of the New York State Deferred Compensation Board Rules and
Regulations requires that all Deferred Compensation Model Plan contracts and agreements entered into with a
financial organization shall be awarded on the basis of a competitive bid and shall not exceed five years in
duration, and
        WHEREAS, the County‟s current contract with Nationwide Retirement Solutions for the provisions of
deferred compensation services expires December 31, 2006, and
        WHEREAS, Section 9001.2 of the NYS Deferred Compensation Board Rules and Regulations also
requires the formation of a Deferred Compensation Committee to oversee the competitive bidding process.
        NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler hereby executes the
authorization to go out to bid in the New York State Register and local paper for the County of Schuyler‟s 457
Deferred Compensation Model Plan, and
        BE IT FURTHER RESOLVED, that the following individuals be appointed to the Deferred
Compensation Committee, to wit:
                          Jerry Mickelson - Ciaschi, Dietershagen, Little & Mickelson
                                    Daryl Slusser - Legislative Representative
                                    Timothy O‟Hearn – County Administrator
                      Patricia Emery – Human Resources Administrator/Benefits Manager
                                         Margaret Starbuck – Treasurer
                                       Teri Baccile – Union Representative
Vote: 6-0.
RESOLUTION NO. 80 Motion by Larison, Second by Bingell.
RE: ADOPT POLICY ESTABLISHING AN ORIENTATION/EXIT PROCESS FOR INDEPENDENT
        CONTRACTS, VOLUNTEERS OR INTERNS
        BE IT RESOLVED, that this Legislature hereby adopts the following policy for orientation/exit of
independent contracts, volunteers or interns for safety and security purposes:
  ORIENTATION/EXIT FOR INDEPENDENT CONTRACTORS, VOLUNTEERS OR
                             INTERNS
       There are instances wherein independent contractors, volunteers or interns retained by the County will
need certain orientation items. It will be the responsibility of the Department Administrator to determine the
necessary items and request the same from the Human Resources Department. The Human Resources
Department will issue and collect the requested items upon the direction of the Department Administrator.
Vote: 6-0.
RESOLUTION NO. 81 Motion by Larison, Second by Bingell.
RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE DEPUTY SHERIFF‟S
       ASSOCIATION
       BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Memorandum of
Agreement with the Deputy Sheriff‟s Association, as drafted by the Human Resources Director and approved
by the County Administrator.
30                                    SCHUYLER COUNTY LEGISLATURE
Vote: 6-0.
RESOLUTION NO. 82 Motion by Larison, Second by Bingell.
RE: AMEND TRAVEL POLICY RELATIVE TO VOLUNTEER TRAINING AND REIMBURSEMENT
        WHEREAS, there are times when certain volunteers within the county government structure are
providing services on behalf of the county and are required or would benefit from participating in training,
conferences, etc., and
        WHEREAS, the Legislature is desirous of reimbursing said volunteers for said related expenses as if
they were a paid employee.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Travel policy be amended to
include the following provision for volunteers:
A Department Administrator must submit a travel request form to the County Administrator for permission to
reimburse a volunteer for certain county-related travel expenses. Approved requests shall follow the mileage
and meal reimbursement guidelines and requirements as established by the County Legislature outlined in the
original policy.
Vote: 6-0.
RESOLUTION NO. 83 Motion by Bingell, Second by Larison.
RE: AUTHORIZE LEASE AGREEMENT WITH CHICONE BUILDERS, INC. FOR PARKING LOT USE
        – BUILDINGS AND GROUNDS
        WHEREAS, it is in Schuyler County‟s best interest to enter into a lease agreement with Chicone
Builders, Inc. for use of an „L” shaped parking lot to be used for Office for the Aging, and
        WHEREAS, this parking lot was formerly leased from Shepard Niles, and
        WHEREAS, Chicone Builders, Inc. has requested entering into the same rental agreement of an “L”
shaped lot located immediately north of premises now or formerly Hollenbeck, located at the corner of Main
Street and Schuyler Street in the Village of Montour Falls, at a cost of One Dollar ($1.00) per year for the lease
term of one (1) year beginning March 1, 2006 and ending February 28, 2007.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
enter into a lease agreement with Chicone Builders, Inc., subject to approval of the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 84 Motion by Bingell, Second by Larison.
RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE ELECTRIC AND GAS (NYSEG)
        FOR THE PURCHASE OF TWO (2) ADDITIONAL STREET LIGHTS FOR A NEW ROAD IN THE
        TOWN OF DIX – HIGHWAY DEPARTMENT
        WHEREAS, the Public Works Committee has agreed with the Highway Superintendent to add two (2)
additional street lights for the new Kuhl Winner Way Road in the Town of Dix, and
        WHEREAS, the annual cost for these lights will be $318.75, funds available in the 2006 budget account
no. 5110.520.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of Legislature be hereby authorized to
sign the Street Light Authorization form with NYSEG; subject to the approval of the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 85 Motion by Bingell, Second by Bleiler.
RE: ACCEPT/REJECT BIDS FOR STEEL BELTED RADIAL TIRES – HIGHWAY DEPARTMENT
       WHEREAS, Resolution No. 20-06 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 9, 2006.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accepts the following bids:
                         ALL BIDS ACCEPTED
                                       Parmenter Tiremasters, Inc.
                                       103 Railroad Street
                                       Odessa, NY 14869
                                       PROCEEDINGS OF THE YEAR 2006                                       31
                                       Twin Tier Tire
                                       3160 Lake Road
                                       Horseheads, NY 14845
       Copy of this bid is available for inspection at the Highway Office.
Vote: 6-0.
RESOLUTION NO. 86 Motion by Bingell, Second by Bleiler.
RE: ACCEPT/REJECT BIDS FOR STEEL PIPE, POLYETHYLENE PIPE, GABION BASKETS, STEEL
       PLATE & SHOP STEEL – HIGHWAY DEPARTMENT
       WHEREAS, Resolution No. 20-06 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 9, 2006.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accepts the following bids for:
Shop Steel
Polyethylene Pipe
Used Shop Steel
                               Chemung Supply Corporation
                               PO 527
                               Elmira, NY 14902
And for Used Steel Pipe:
                               Chemung Supply Corporation
                               PO Box 527
                               Elmira, NY 14902

                             Allegany Pipe & Tubular Products
                             2954 CR 22
                             Andover, NY 14806
        Copies of these bids are available for inspection at the Highway Office.
Vote: 6-0.
RESOLUTION NO. 87 Motion by Bingell, Second by Bleiler.
RE: ACCEPT/REJECT BIDS FOR SIGNS, SIGN POSTS, EXTENSIONS AND SIGN BLANKS –
       HIGHWAY DEPARTMENT
       WHEREAS, Resolution No. 20-06 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 9, 2006.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accepts 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

                            Allmac Signs
                            10 Captain Scott Road
                            Harwich, MA 02645

      BE IT FURTHER RESOLVED, that the following bid be rejected:
32                                  SCHUYLER COUNTY LEGISLATURE
                              Eberl Iron
                              128 Sycamore Street
                              Buffalo, NY 14204-1492
      Copies of these bids are available for inspection at the Highway Office.
Vote: 6-0.
RESOLUTION NO. 88 Motion by Bingell, Second by Bleiler.
RE: ACCEPT/REJECT BIDS FOR READY MIX CONCRETE, CONCRETE RETAINING WALL
       BLOCKS – HIGHWAY DEPARTMENT
       WHEREAS, Resolution No. 20-06 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 9, 2006.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accepts the following bids:
              ALL BIDS ACCEPTED
                              Hanson Aggregates BRD, Inc.
                              P.O. Box 231
                              Easton, Pa. 18044-0231, and

                              Knight Settlement
                              PO Box 191, Knight Settlement Road
                              Bath, NY 14810
       Copies of these bids are available for inspection at the Highway Office.
Vote: 6-0.
RESOLUTION NO. 89 Motion by Bingell, Second by Bleiler.
RE: ACCEPT/REJECT BIDS FOR PAVEMENT MARKINGS – HIGHWAY DEPARTMENT
       WHEREAS, Resolution No. 20-06 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 9, 2006.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accepts the following bids for “PART A” only:
                      M & S Stripping Co.
                      134 Florence Street
                      Mamaroneck, NY 10543

                      Zebra Paint Stripping
                      365 Second Street
                      N. Hornell, NY 14843
       Copies of these bids are available for inspection at the Highway Office.
Vote: 6-0.
RESOLUTION NO. 90 Motion by Bingell, Second by Bleiler.
RE: ACCEPT/REJECT BIDS FOR CRUSHED STONE (LIMESTONE) CRUSHED GRAVEL –
       HIGHWAY DEPARTMENT
       WHEREAS, Resolution No. 20-06 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 9, 2006.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accepts the following bids:
ALL BIDS ACCEPTED
       Hanson Aggregates, Inc.                                Seneca Stone
       P.O. Box 231                                           P.O. Box 76
       Easton, Pa. 18044-0231, and                            Fayette, NY 13065
                                   PROCEEDINGS OF THE YEAR 2006                                          33

       H.L. Robinson Sand & Gravel                       Padua Ridge
       535 Ithaca Road, PO Box 121                       3362 SR 409
       Candor, NY 13743                                  Watkins Glen, NY 14891

       Dalrymple Gravel & Contracting Co.                Odessa Sand & Gravel
       2105 S. Broadway                                  226 Cecil A Malone Drive
       Pine City, N.Y.14871                              Ithaca, NY 14850

       Newfield Gravel Corp.                                  Angelo Sand & Gravel
       226 Cecil A Malone Drive                               226 Cecil A Malone Drive
       Ithaca, NY      14850                                  Ithaca, NY 14850
       Copies of these bids are available for inspection at the Highway Office.
Vote: 6-0.
RESOLUTION NO. 91 Motion by Bingell, Second by Bleiler.
RE: ACCEPT/REJECT BIDS FOR ICE CONTROL SAND – HIGHWAY DEPARTMENT
       WHEREAS, Resolution No. 20-06 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 9, 2006.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accepts the following bids:
ALL BIDS ACCEPTED
       Hanson Aggregates BRD, Inc.                                    Knight Settlement
       P.O. Box 231                                                   PO Box 191, Knight Settlement Road
       Easton, Pa. 18044-0231                                         Bath, NY 14810

       Dalrymple Gravel & Contracting Co.                       Angelo Sand & Gravel
       2105 S. Broadway                                         226 Cecil A Malone Drive
       Pine City, N.Y.14871                                     Ithaca, NY 14850

       Seneca Stone                                             Odessa Sand & Gravel
       P.O. Box 76                                              226 Cecil A Malone Drive
       Fayette, NY 13065                                        Ithaca, NY 14850

       Narde Paving                                                  Padua Ridge
       234 Breesport Road                                            3362 SR 409
       Horseheads, NY 14845                                          Watkins Glen, NY 14891
       Copies of these bids are available for inspection at the Highway Office.
Vote: 6-0.
RESOLUTION NO. 92 Motion by Bingell, Second by Bleiler.
RE: ACCEPT/REJECT BIDS FOR GUIDERAIL – HIGHWAY DEPARTMENT
       WHEREAS, Resolution No. 20-06 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 9, 2006.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accepts the following bid:
              ONLY BID RECEIVED
                              Chemung Supply Corporation
                              PO Box 527
                              Elmira, NY 14902
       Copies of these bids are available for inspection at the Highway Office.
34                                SCHUYLER COUNTY LEGISLATURE
Vote: 6-0.
RESOLUTION NO. 93 Motion by Bingell, Second by Bleiler.
RE: ACCEPT/REJECT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SAND & SELECT
       GRANULAR FILL – HIGHWAY DEPARTMENT
       WHEREAS, Resolution No. 20-06 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 9, 2006.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accepts the following bids:
ALL BIDS ACCEPTED
       Hanson Aggregates BRD, Inc.                      Eric Machuga Pit
       P.O. Box 231                                     9845 Walton Road
       Easton, Pa. 18044-0231, and                      Bradford, NY 14815

       Narde Paving                                      Padua Ridge
       234 Breesport Road                                3362 SR 409
       Horseheads, NY 14845, and                         Watkins Glen, NY 14891

       Knight Settlement                                 Odessa Sand & Gravel
       PO Box 191, Knight Settlement Road                226 Cecil A Malone Drive
       Bath, NY 14810, and                               Ithaca, NY 14850

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

       H.L. Robinson Sand & Gravel
       535 Ithaca Road
       PO Box121
       Candor, NY 13743
       Copies of these bids are available for inspection at the Highway Office.
Vote: 6-0.
RESOLUTION NO. 94 Motion by Bingell, Second by Bleiler.
RE: ACCEPT/REJECT BIDS FOR GALVANIZED PIPE, FLARED END SECTIONS – HIGHWAY
       DEPARTMENT
       WHEREAS, Resolution No. 20-06 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 9, 2006.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accepts the following bid:
                                      Chemung Supply
                                      PO Box 527
                                      Elmira, NY 14902
       Copies of these bids are available for inspection at the Highway Office.
Vote: 6-0.
RESOLUTION NO. 95 Motion by Bingell, Second by Bleiler.
RE: ACCEPT/REJECT BIDS FOR COLD MIX STOCK PILE PATCHING MATERIAL
       WHEREAS, Resolution No. 20-06 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 9, 2006.
                                    PROCEEDINGS OF THE YEAR 2006                           35
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accepts 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
       Copies of these bids are available for inspection at the Highway Office.
Vote: 6-0.
RESOLUTION NO. 96 Motion by Bingell, Second by Bleiler.
RE: ACCEPT/REJECT BIDS FOR ASPHALT EMULSIONS
       WHEREAS, Resolution No. 20-06 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 9, 2006.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accepts 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
       Copies of these bids are available for inspection at the Highway Office.
Vote: 6-0.
RESOLUTION NO. 97 Motion by Bingell, Second by Larison.
RE: AUTHORIZE APPLICATION FOR SENATE INITIATIVE GRANT FOR PURCHASING
       EQUIPMENT AND AMEND THE 2006 MACHINERY BUDGET – HIGHWAY DEPARTMENT
       WHEREAS, the Highway Department would like authorization to apply for financial assistance from
Senate Initiative Grant Funds, in the amount of $80,000 to assist with the purchase of a Excavator, $40,000 for
the purchase of Portable Message Boards with Trailers, $3,200 for a Plasma Cutter Tool and $36,000 for a
Hydro-Seeder, and
       WHEREAS, to avoid delay in accessing the funds, the Highway Department would like to establish an
appropriate account, and
       WHEREAS, there needs to be an amendment to the Machinery Fund budget for these funds.
       NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
amend the 2006 Machinery Fund for the expense and revenue as follows:
       AMOUNT                 ACCOUNT NO.             DESCRIPTION
36                                      SCHUYLER COUNTY LEGISLATURE
         +$159,200                5130.299              Equipment
         +$159,200                0003.3589             State Aid, Other, and
         BE IT FURTHER RESOLVED, 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, and
         BE IT FURTHER RESOLVED, that the County Highway Superintendent be authorized to set
specifications and to advertise for bids on the preceding equipment that are non-state contract items or purchase
utilizing State Bid Contract Vendors.
Vote: 6-0.
RESOLUTION NO. 98 Motion by Bingell, Second by Larison.
RE: AUTHORIZE THE CHAIRMAN OF THE LEGISLATURE TO SIGN ANY AND ALL
         DOCUMENTS RELATIVE TO PROPERTY ACQUISITION ASSOCIATED WITH THE COUNTY
         ROUTE 06 BRIDGE REPLACEMENT PROJECT – HIGHWAY DEPARTMENT
         WHEREAS, the existing abutments of the CR 06 bridge replacement project are outside the right-of-
way which will require some additional documentation and expenditures to allow approval to go to bid under
the federal guidelines, and
         WHEREAS, there needs to be real property appraisal reports, acquisition fees and signatures required
for this stage of the project, funds available in the 2006 budget account no. 5020.400.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any pertinent documents that are relevant to the negotiations, appraisals, and fees, subject to approval of
the Schuyler County Attorney, and
         BE IT FURTHER RESOLVED, that Schuyler County agrees to pay all costs associated with this stage
of the project according to the Federal-Aid Project guidelines.
Vote: 6-0.
RESOLUTION NO. 99 Motion by Bingell, Second by Larison.
RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2006 PROVIDING THAT NO
         EXEMPTION UNDER REAL PROPERTY TAX LAW §487 BE APPLICABLE WITHIN OUR
         JURISDICTION WITH RESPECT TO ANY SOLAR OR WIND ENERGY SYSTEM OR FARM
         WASTE ENERGY SYSTEM
         WHEREAS, Local Law Intro. No. 1/Local Law No. 2 of the Year 2006 Providing That No Exemption
Under Real Property Tax Law §487 Be Applicable Within Our Jurisdiction with Respect to Any Solar or Wind
Energy System or Farm Waste Energy System was heretofore introduced and appropriate notice established in
the official newspaper regarding a public hearing to be held March 13, 2006 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. 2 of the Year
2006, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
         BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the
passage, enactment and adoption of Local Law Intro. No. 1/Local Law No. 2 of the Year 2006, together with
the required text thereof in the official county newspaper.
                    LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2006
         A Local Law providing that no exemption under Real Property Tax Law §487 be applicable within our
jurisdiction with respect to any solar or wind energy system or farm waste energy system.
         Be it enacted by the Legislature of the County of Schuyler as follows:
         SECTION 1: LEGISLATIVE INTENT
                 It is the intent of this Local Law to provide no exemption from taxation as authorized in Real
         Property Tax Law §487.
         SECTION 2: EXEMPTION FROM TAXATION
                 No exemption from taxation shall be applicable with respect to any solar or wind energy system
         or farm waste energy system.
         SECTION 3: EFFECTIVE DATE:
                                       PROCEEDINGS OF THE YEAR 2006                                           37
                This Local Law shall take effect immediately upon passage.
DISCUSSION: Legislator Bleiler stated that he needed to make sure that he understood prior to voting on the
local law. By voting yes to the local law this will disallow the exemption, correct? Administrator O‟Hearn
replied yes. Legislator Bleiler asked if the Legislature does not do this then there is no PILOT, right? O‟Hearn
replied yes, and if we do approve the local law then the PILOT would encourage the development by this
company.
Vote: 6-0.
RESOLUTION NO. 100 Motion by Bingell, Second by Larison.
RE: AUTHORIZE APPLICATION FOR CORRECTED TAX ROLL, TOWN OF MONTOUR,
         SCHUYLER REDEVELOPMENT, LLC – REAL PROPERTY TAX
         WHEREAS, an application for correction of real property taxes has been made in accordance with
Section 554 of the Real Property Tax Law (RPTL) for the 2003 and 2004 tax roll years, and
         WHEREAS, the Real Property Tax Director has determined that the assessment on parcel 76.19-2-73,
owned by Schuyler Redevelopment, LLC, in the Village of Montour Falls, includes the value of an
improvement which does not exist, and
         WHEREAS, this entry 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 the application be approved.
         NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved as outlined below,
and
         BE IT FURTHER RESOLVED, that the 2004 County/Town tax remaining unpaid be subtracted from
the amount of the 2003 refund to be issued, and
         BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to make the appropriate
chargebacks to the town and school district.
         Original       Corrected      Original       Amount         Corrected       Remaining     Refund
        Assessment Assessment Tax w/fee               Paid          Amount          Balance        Amount
2003 $ 50,700           $ 3,000        $ 780.97       $ 780.97       $ 46.22         $             $ 734.75
2004 $ 50,700           $ 3,000        $ 2,059.16     $              $ 121.84        $ 121.84
         2003 Refund: $ 734.75
         2004 Unpaid: $ 121.84
         Total Refund: $ 612.91
Vote: 6-0.
RESOLUTION NO. 101 Motion by Bleiler, Second by Larison.
RE: AMEND RESOLUTION NO. 268-05 TITLED – AUTHORIZE AGREEMENTS WITH ONTARIO
         AND CHEMUNG COUNTY FOR BOARDING OF PRISONERS – SHERIFF‟S DEPARTMENT
         WHEREAS, Resolution No. 268-05 authorized an agreement with two counties for boarding prisoners
at a rate of $65.00 per day for a period of August 1, 2005 through July 31, 2006, and
         WHEREAS, said contracts are just now being put in place and the amount has changed along with the
term.
         NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 268-05 be amended to reflect said
change, and
         BE IT FURTHER RESOLVED, that the Now Therefore Be it Resolved clause now read as follows:
         “NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized
to sign a contract with Ontario and Chemung County for a period starting February 1, 2006 through December
31, 2006, to be renewed annually on a calendar year, at a cost of $85.00 per day for each boarded inmate,
contract subject to approval by the Schuyler County Attorney”.
Vote: 6-0.
RESOLUTION NO. 102 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE CONTRACT WITH THE TOWN OF HECTOR FOR COURT SECURITY SERVICES
         – SHERIFF‟S DEPARTMENT
38                                    SCHUYLER COUNTY LEGISLATURE
        WHEREAS, the Town of Hector Court wishes to contract with the Schuyler County Sheriff‟s Office for
Court Security Services, and
        WHEREAS, the agreement will be a four year contract, with reimbursement for personnel services at
actual cost.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign a contract with the Town of Hector for a term of January 1, 2006 through December 31, 2009, subject to
approval by the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 103 Motion by Bleiler, Second by Larison.
RE: AMEND THE 2006 BUDGET – EMERGENCY MANAGEMENT
        WHEREAS, the Schuyler County Public Health has entered an into a agreement with Emergency
Management to provide assistance with Bio-terrorism planning and preparation, and
        WHEREAS, the Schuyler County Public Health has allocated $7,000.00 from Bio-terrorism grant
funding for this agreement, and
        WHEREAS, this funding was not included in the 2006 budget as an expense and revenue.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
amend the 2006 Emergency Management Budget as follows:
        AMOUNT                 ACCOUNT                  DESCRIPTION
        +$7,000                3689.0438                Supplies
        +$7,000                3689-4389                Other Public Safety Aid
Vote: 6-0.
RESOLUTION NO. 104 Motion by Bleiler, Second by Larison.
RE: RESOLUTION SUPPORTING THE NEW YORK STATE LEGISLATURE IN ENACTING A BILL
        TO PROVIDE FOR AN INCOME TAX EXEMPTION FOR EMERGENCY SERVICE
        VOLUNTEERS
        WHEREAS, Senator Winner is introducing a bill to offer an incentive program for emergency services
volunteers, and
        WHEREAS, a provision of the bill would provide a $2,000 annual personal income tax deduction for
volunteer firefighters and ambulance workers, and
        WHEREAS, the Public Safety/Criminal Justice Committee recommends supporting Senator Winner‟s
bill.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby encourages the
New York State Legislature to pass Senator Winner‟s Bill to offer an incentive program for emergency services
volunteers, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York
State Senator George H. Winner, Jr., New York State Assemblyman Thomas M. O‟Mara, to the Majority and
Minority Leaders of the New York State Assembly and Senate, and to the Inter-County Association of Western
New York.
DISCUSSION: Legislator Slusser was not aware that it was only one option currently. Legislator Bleiler said
that there will be more blanks to fill in but this resolution is only for taking it to Inter-County for support.
Vote: 6-0.
RESOLUTION NO. 105 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE APPLICATION WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE
        SERVICES FOR THE 2006-2007 OPERATION IMPACT GRANT - DISTRICT ATTORNEY
        WHEREAS, New York State Division of Criminal Justice Services has grant funding available for the
purpose of assisting the Schuyler County District Attorney‟s Office in reducing target crimes in the County, and
        WHEREAS, this Grant is estimated to be in the amount of $60,000 with no County match.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County
District Attorney to submit a grant application for a 2006-2007 Operation Impact Grant, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District
Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds,
                                       PROCEEDINGS OF THE YEAR 2006                                        39
estimated to be $60,000 with the New York State Division of Criminal Justice Services, subject to approval by
the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 106 Motion by Bleiler, Second by Larison.
RE: RESOLUTION DESIGNATING THE AG AND FARMLAND PROTECTION BOARD AS THE
        LEAD AGENT FOR THE 2006 AG DISTRICT ANNUAL ENROLLMENT AND ASSOCIATED
        SEQR
        WHEREAS, the Schuyler County Legislature is requesting that the Agricultural and Farmland
 Protection Board assume lead agency for the project to review the 2006 Annual Ag District Enrollment and
 report back to the Legislature with its findings.
        NOW, THEREFORE, BE IT RESOLVED, that the Agricultural and Farmland Protection Board will
 assume lead agency to review the 2006 Annual Ag District Enrollment, and
        BE IT FURTHER RESOLVED, that after review, the Agricultural and Farmland Protection Board will
determine the environmental significance of the proposed addition of 104 acres in the Town of Dix into the
Schuyler County Agricultural District #2.
Vote: 6-0.
RESOLUTION NO. 107 Motion by Fagan, Second by Larison.
RE: RESOLUTION PROVIDING A LOCAL MATCH TO THE SCHUYLER COUNTY AGRICULTURE
        AND FARMLAND PROTECTION BOARD FOR A NEW YORK STATE DEPARTMENT OF
        AGRICULTURE AND MARKETS GRANT
        WHEREAS, the Agriculture and Farmland Protection Board has been able to implement over 80% of
the current Agriculture and Farmland Protection Plan, and
        WHEREAS, there is still $5,000 of the original $50,000 Grant available with the New York State
Department of Agriculture and Markets, and
        WHEREAS, said grant requires matching funds of which 20% or $1,000 must be a cash match, and
        WHEREAS, the Schuyler County Agriculture and Farmland Protection Board intends to use the funds to
update the Agriculture Farmland Protection Plan of Schuyler County, and
        WHEREAS, the Agriculture and Farmland Protection Board would like to request the Schuyler County
Legislature provide the $1,000 cash match.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby provides a local
match in the amount of $1,000 to the Agriculture and Farmland Protection Board, and
        BE IT FURTHER RESOLVED, that said amount is to be from Contingency account no. 1990.500.
Vote: 6-0.
RESOLUTION NO. 108 Motion by Fagan, Second by Larison.
RE: AUTHORIZE AGREEMENT WITH ANN CLARKE FOR CONSULTANT SERVICES FOR A
        SCHUYLER COUNTY TRANSPORTATION STUDY
        WHEREAS, the Community Development and Natural Resources Committee has created a sub
committee to study public transportation in Schuyler County, and
        WHEREAS, said committee recommends hiring Ann Clarke as a consultant to help the sub committee
create the study, and
        WHEREAS, funding is available in the 2006 budget in account no. 5630.400-Transportation to pay for
said agreement.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign an agreement with Ann Clarke to provide consulting services, to be paid $70 an hour, in an amount not to
exceed $1,000, subject to approval by the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 109 Motion by Fagan, Second by Larison.
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 Lamoka Lake and the residual monitoring thereof.
40                                   SCHUYLER COUNTY LEGISLATURE
        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 2:00 p.m. on Friday, March 31, 2006.
Acceptance/rejection of the bids will be done at the April 10, 2006 Regular Meeting of the Legislature. The
County of Schuyler reserves the right to accept or reject any and all bids.
Vote: 6-0.
RESOLUTION NO. 110 Motion by Bingell, Second by Larison.
RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE CIVIL SERVICE EMPLOYEES
        ASSOCIATION (CSEA) HIGHWAY UNIT
        BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Memorandum of
Agreement with the CSEA with the Highway Unit, as drafted by the Human Resources Director and approved
by the County Administrator.
Vote: 6-0.
RESOLUTION NO. 111 Motion by Bingell, Second by Larison.
RE: APPOINTMENTS – ENVIRONMENTAL MANAGEMENT COUNCIL
        BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following
individuals to the Schuyler County Environmental Management Council for the term January 1, 2006 through
December 31, 2007, to wit:
                                        Keith T. Pierce - Village of Odessa
                                         Mary Huntley – Town of Tyrone
                                          Darin Miller – Town of Orange
Vote: 6-0.
RESOLUTION NO. 112 Motion by Bingell, Second by Larison.
RE: RESOLUTION IN SUPPORT OF PRESERVING COUNTIES‟ ROLE IN THE FUTURE OF OFF
        TRACK BETTING
        WHEREAS, The State's contract with the New York Racing Association to run Aqueduct, Belmont and
Saratoga racetracks is expiring at the end of 2007, and
        WHEREAS, New York State leaders have created an Ad Hoc Committee on the Future of Racing (the
Committee) to assist in developing the Request for Proposal (RFP) process for companies wishing to bid on
operating the state's thoroughbred racing franchise, and
        WHEREAS, the Committee has stated that one of the Requests for Proposals (RFPs) could merge the
current Off Track Betting Corporation (OTB) structure into the racing franchise operations, which would
impact the financial and operational relationship that counties have with OTBs, and
        WHEREAS, over the past 30 years, 43 counties have received more than $3 billion in revenue from
New York's OTB Corporations that have been used to offset local tax increases, and
        WHEREAS, this revenue has already decreased as a result of the introduction of Video Lottery
 Terminals (VLTs), and policy changes that have shifted more and more OTB revenues away from counties, and
        WHEREAS, counties are more than by-standers in any decision that affects OTBs and horse racing in
 New York State.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature believes counties must
 be represented on any committee that proposes changing the financial and operational relationship between
 counties and OTB Corporations, and
        BE IT FURTHER RESOLVED, that counties' stake in the future of horse racing and OTB Corporations
 in New York State be preserved, and
        BE IT FURTHER RESOLVED, that the Schuyler County Legislature shall forward copies of this
Resolution to Governor George E. Pataki, the New York State Legislature, the New York State Association of
Counties and all others deemed necessary and proper.
Vote: 6-0.
RESOLUTION NO. 113 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH ALLARDICE & ASSOCIATES, INC. FOR THE OFFICE
                                        PROCEEDINGS OF THE YEAR 2006                                            41
         REALLOCATION CAPITAL PROJECT - TREASURER‟S OFFICE
         WHEREAS, it is necessary for the Treasurer to contract with bond advisors for the development of a
financial plan, bond anticipation note borrowings, sales of serial bonds, and other financial services, relative to
the Office Reallocation Capital Project, and
         WHEREAS, said rates are outlined in the proposal and are to be paid from the proceeds of the bond.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Allardice & Associates, Inc., for the Office Reallocation Capital Project bond issue,
subject to approval of the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 114 Motion by Larison, Second by Bingell.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY OF PART-TIME ASSISTANT DISTRICT
         ATTORNEY – DISTRICT ATTORNEY‟S OFFICE
         WHEREAS, the current part-time Assistant District Attorney, Peter F. Finnerty, is resigning from the
District Attorney‟s Office as of March 12, 2006, and
         WHEREAS, the District Attorney would like to hire Holly L. Mosher to fill the vacant part-time
Assistant District Attorney position, to begin March 13, 2006.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges
the appointment made by Joseph Fazzary, District Attorney of Holly L. Mosher, to fill the part-time, 17.5 hours
a week Assistant District Attorney position, with an annual salary of $22,278.
DISCUSSION: Legislator Slusser said that this had been discussed last time, but is there any policy for
working for someone that is related within the County guidelines. Attorney Coleman replied that the District
Attorney is an elected official and is free to make the appointment.
Vote: 5-1. Karius.
NEW BUSINESS: None.
UNFINISHED BUSINESS:
RESOLUTION NO. 17 - AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS &
SURVEYORS – BUILDINGS & GROUNDS - TABLED
REPORT ON STANDING COMMITTEES:
         Legislator Fagan reported that he is planning on attending a sub committee meeting on March 21st in
regards to First Transit. He has found out that Albany is okay with subsidizing 100% by the State to do a
transportation study. Anne Clark, who is providing Schuyler County with consultant services for a
transportation study, is going to prepare a Request for Proposals and the State has indicated that they have
funding for this type of study. Announcement of the funding would be available quickly. The purpose of the
study will be to do a comprehensive report to evaluate transportation cost, etc.
         Legislator Slusser provided an Industrial Development Agency (IDA) update from committee. He
reported on the Windmill project and said that although Schuyler IDA is not the lead agency they are still
involved, but however the Town of Hornby is involved in rezoning, so it is on a moratorium and being looked at
again. As far as the New Hotel, there will be another meeting on March 27th and it should be discussed.
COUNTY ADMINISTRATOR’S REPORT:
         Administrator O‟Hearn reported that he and several others recently met to discuss the Gordon Swarthout
drainage issue in Beaver Dams. O‟Hearn met last week with individuals from the Legislature, Soil and Water,
County Highway Department and an Engineering firm. O‟Hearn and others also visited the property and
indicated that they are continuing to talk and when they meet with a conclusion, he would bring it back to the
full legislature.
         O‟Hearn also reported that last Friday he visited with Guy Schamel and he shared a plan to expand the
Marina Bar & Grill to include outside dining. While reviewing what was involved with making this happen, he
found that this proposes a liquor license issue. He also has found that he would be in violation of no outdoor
open container law for the Village of Watkins Glen. The Village has notified him that he would need to request
a waiver to deviate from the law. The Village has also referred him to the County to see if the County supports
this plan seeing how the location is on County owned property. The County would need to initiate the request
and O‟Hearn explained to Schamel that it would need to go through Committee for review. O‟Hearn thought it
42                                    SCHUYLER COUNTY LEGISLATURE
could first be discussed at the regular meeting tonight to see what the reactions were from the Legislature.
Attorney Coleman indicated that it would be perfectly legal to be at the Legislative level to make the request for
a motion, vote and send a letter in support for the waiver.
         MOTION by Legislator Larison, SECOND by Legislator Bingell to request a waive from the Village of
Watkins Glen for the open container law. Motion carried six ayes to zero noes.
         Legislator Slusser indicated that he had more discussion. Who is the owner of property? Attorney
Coleman replied that the County owns the property, but it is located in the Village. Legislator Slusser replied
that it seems like the County land would be separate from Village Law. Attorney Coleman replied no, that it
was not like State land, we are in our rights to do this support request. O‟Hearn indicated that the Village
waives the Open Container Law in Clute Park during festivals and other waivers are subject to approval.
O‟Hearn thanked the Legislature and will get the request out soon.
         O‟Hearn reported that the Office for the Aging interviews for the new Director are starting next week
and final interviews after the following week. They are soliciting groups to be involved with the interviewing
process and the final group could be the Legislature. O‟Hearn expects two to three of the applicants to be in the
final interviewing pool. We have five to interview. The first group will be staff of the Office for the Aging
and County. Legislator Larison indicated that he felt that he and Legislator Bingell should be involved.
Legislator Slusser asked if O‟Hearn was involved in the group interviews. O‟Hearn said that he would be
involved in all of them. Legislator Fagan asked if they would be involved with the interviews with the last two
to three candidates. O‟Hearn replied by saying yes.
         Legislator Karius stated that she would like to say thank you to Administrator O‟Hearn for all the hard
work he has been doing. She has received a lot of good reports. Legislator Fagan inquired if all grant
applications had been made now. O‟Hearn replied yes, but not caught up yet. O‟Hearn said he would go ahead
and schedule the interview sessions at the end of the month in the mornings and let them know the date and
time.
PUBLIC PARTICIPATION: None.
         The Meeting adjourned at 7:22 P.M.
                Stacy B. Husted, Clerk
                Sharlene A. Parker, Deputy Clerk

                                             SPECIAL MEETING
                                               MARCH 17, 2006

        The March 17, 2006 Special Meeting of the Schuyler County Legislature was called to order at 1:30
p.m. by Acting Chairman Karius. The Pledge of Allegiance was led by Legislator Fagan and followed by a
Moment of Silence. All Legislators were present except Legislator‟s Gifford, Yuhasz and Slusser who were
excused. County Attorney Coleman was also excused. County Administrator O‟Hearn was present.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 115 Motion by Fagan, 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 Acting Chairman, be and hereby is, ratified and approved for discussion and action upon the
following items of business:
       1.       DEDICATION OF THE MICHAEL J. MALONEY PUBLIC SAFETY BUILDING
Vote: 5-0.
RESOLUTION NO. 116 Motion by Bingell, Second by Fagan.
RE: DEDICATION OF THE MICHAEL J. MALONEY PUBLIC SAFETY BUILDING
        WHEREAS, Michael J. Maloney was sworn in as the youngest New York State Sheriff in 1973, a title
 he has held for the past thirty one years until his retirement November 30, 2005, and
        WHEREAS, his dedication to the profession has been illustrated in many ways, to include being the
Coordinator of Police Training for Schuyler, Chemung and Steuben Counties for over twenty-five years, and
        WHEREAS, during his tenure he helped implement the K-9 Unit, began the Stop DWI Program, and
                                      PROCEEDINGS OF THE YEAR 2006                                           43
was instrumental in beginning the Drug Awareness Resistance Education (DARE) Program in Schuyler County
School Districts, along with establishing a Drug Free School Zone, and
        WHEREAS, in 1992 Sheriff Maloney was named Law Enforcement Professional of the Year as a
recipient of the James Riesbeck Memorial Award given by Corning, Inc., and
        WHEREAS, without Sheriff Maloney promising and subsequently implementing a safe environment at
the race track, WGI may not be what it is today, and
        WHEREAS, he has also been a member of a number of committees in the county and has developed a
well-deserved reputation with police agencies as being responsive and professional to those utilizing the
services of the Sheriff‟s Department, and
        WHEREAS, it is the desire of the Schuyler County Legislature to dedicate the jail building and name it
the Michael J. Maloney Public Safety Building in recognition of his years of dedication and exemplary service.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature, convening in special session, hereby
acknowledges and approves the naming and dedication of the jail as the Michael J. Maloney Public Safety
Building and commissions that a plaque be displayed on said facility as follows:
                                             The Michael J. Maloney
                                              Public Safety Building
                                                   In Honor of
                                 Schuyler County Sheriff Michael J. Maloney‟s
                                     Thirty-One Years of Service 1973-2005
                                   Schuyler County Undersheriff - 1970-1973
                                  Schuyler County Deputy Sheriff - 1968-1970
Vote: 5-0.
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 1:35 p.m.
                Stacy B. Husted, Clerk
                                            REGULAR MEETING
                                                APRIL 10, 2006

        The April 10, 2006 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 and County Administrator O‟Hearn were also
present.
PUBLIC PARTICIPATION:
        Gordon Swarthout of Beaver Dams, stood and stated that he had heard that a Bio Fuel Facility was
going to be built at the new Industrial Park. He asked if this was true. Chairman Gifford said he was not aware
of this happening and it was not true. Mr. Swarthout said he would not like to see this happen.
RESOLUTION NO. 117 Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE MARCH 13, 2006 REGULAR MEETING AND THE MARCH 17,
        2006 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
        BE IT RESOLVED, that minutes of the March 13, 2006 Regular Meeting and the March 17, 2006
Special Meeting of the Schuyler County Legislature be approved.
Vote: 8-0.
RESOLUTION NO. 118 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE AN AMENDMENT TO THE COURT SECURITY AGREEMENT WITH THE
        UNIFIED COURT SYSTEM – SHERIFF‟S DEPARTMENT
        WHEREAS, based upon projections, the anticipated funding from the Unified Court System needs to be
increased by $5,000.00 to cover reimbursement costs for the current fiscal year.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign an amendment to the Court Security Contract with the Unified Court System to be increased from
$58,500.00 to $63,500.00 for the current fiscal year, subject to approval by the Schuyler County Attorney.
44                                 SCHUYLER COUNTY LEGISLATURE

Vote: 8-0.
RESOLUTION NO. 119 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE CONTRACT WITH GOVERNMENT PAYMENT SERVICES (GPS) – SHERIFF‟S
        DEPARTMENT
        WHEREAS, at certain times persons incarcerated in the Schuyler County Jail must pay fines and bail
monies to be released from custody of the Sheriff, and Government Payment Services (GPS) is a company that
accepts credit card payment for these monies and forwards payment to the Sheriff‟s Office, and
        WHEREAS, accepting payment from Government Payment Services (GPS) will reduce costs in the Jail
by providing the ability to pay fines and bail monies and be released from custody, and
        WHEREAS, all costs associated with the credit card transaction are paid by the card holder, and there is
no cost to the County.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, be authorize to sign a
contract with Government Payment Services (GPS), subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 120 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE THE APPOINTMENT OF JAMES P. COLEMAN, III, M.D. AS VOLUNTEER
        MEDICAL DIRECTOR – SHERIFF‟S DEPARTMENT
        WHEREAS, the Schuyler County Sheriff‟s Office requires a Volunteer Medical Director to review
program content and policies for the Jail and External Defibrillator Program.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges
the appointment by the Sheriff William Yessman, of Dr. James Coleman, III, M.D. as the Volunteer Medical
Director of the Schuyler County Sheriff‟s Office.
Vote: 8-0.
RESOLUTION NO. 121 Motion by Fagan, Second by Bingell.
RE: AUTHORIZE GRANT APPLICATION FOR THE EMERGENCY MANAGEMENT
        PERFORMANCE GRANT – EMERGENCY MANAGEMENT
        WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for
assistance under the Emergency Management Performance Grant for Federal Fiscal Year 2006 (FFY06), and
        WHEREAS, this grant provides matching funds to offset current budgeted expenses for certain
personnel and administrative functions associated with our local emergency management program, and
        WHEREAS, the tentative FFY06 allocation for Schuyler County under this planning program is $8,365.
        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: 8-0.
RESOLUTION NO. 122 Motion by Fagan, Second by Bingell.
RE: ACCEPT PROPOSAL FROM CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., FOR THE
        2006 HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY
        WHEREAS, the County has budgeted $8,000 for a Household Hazardous Waste Collection Day in
2006, and
        WHEREAS, the Recycling/Solid Waste Office of Cornell Cooperative Extension has issued a Request
for Proposals for said program with the approval of the Schuyler County Attorney.
        NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Community Development and
Natural Resources Committee, the Recycling/Solid Waste Office of Cornell Cooperative Extension, and
Schuyler County Attorney, this Legislature hereby accepts Proposal Number One from Clean Harbors
Environmental Services, Inc., in an amount not to exceed $8,000, for a Household Hazardous Waste Collection
Day to be held May 20, 2006, at the Schuyler County Highway Department property, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to
execute any and all documents necessary to effectuate the above-referenced proposal acceptance; subject to
approval of the Schuyler County Attorney.
                                   PROCEEDINGS OF THE YEAR 2006                                        45
Vote: 8-0.
RESOLUTION NO. 123 Motion by Fagan, Second by Bingell.
RE: ACCEPT PROPOSAL FROM REGIONAL COMPUTER RECYCLING & RECOVERY, LLC., FOR
        THE 2006 USED ELECTRONICS COLLECTION DAY
        WHEREAS, the County has budgeted $1,000 for a Used Electronics Collection Day in 2006, and
        WHEREAS, the Recycling/Solid Waste Office of Cornell Cooperative Extension has issued a Request
for Proposals for said program with the approval of the Schuyler County Attorney.
        NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Community Development and
Natural Resources Committee, the Recycling/Solid Waste Office of Cornell Cooperative Extension, and
Schuyler County Attorney, this Legislature hereby accepts Proposal Number One from Regional Computer
Recycling & Recovery, LLC., in an amount not to exceed $1,000, for a Used Electronics Collection Day to be
held May 20, 2006, at the Schuyler County Highway Department property, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to
execute any and all documents necessary to effectuate the above-referenced proposal acceptance; subject to
approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 124 Motion by Larison, Second by Bingell.
RE: AUTHORIZE GRANT APPLICATION FOR A SCHUYLER COUNTY UNITED WAY GRANT –
        YOUTH BUREAU
        WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center
program, and
        WHEREAS, funding is need for program development and oversight, 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 funding for the Family Play & resource Center and any
subsequent contracts; subject to review of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 125 Motion by Larison, Second by Bingell.
RE: AUTHORIZE GRANT APPLICATION FOR THE WEYERHAEUSER CHILDREN‟S INITIATIVE -
        YOUTH BUREAU
        WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center
program, and
        WHEREAS, funding is needed for program development and oversight, and
        WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program and there is no
local match required.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign the aforementioned grant application for funding for the Family Play & resource Center and any
subsequent contracts; subject to review of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 126 Motion by Larison, Second by Bingell.
RE: AUTHORIZE GRANT APPLICATION FOR PARTNERSHIP FOR YOUTH (APY) ALIGNING THE
        YOUTH DEVELOPMENT & WORKFORCE DEVELOPMENT SYSTEMS GRANT – YOUTH
        BUREAU
        WHEREAS, the Youth Bureau in collaboration with the Chemung County Youth Bureau, Steuben
County Youth Bureau, Pro Action, Catholic Charities of Schuyler County, Catholic Charities of Chemung
County, SCT BOCES, and Workforce New York is filling an employment gap with youth specially challenged
and considered difficult to serve, and
        WHEREAS, the grant is offered to Youth Bureaus only and they must collaborate with existing
Workforce Investment Act Programs, and
        WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program with up to 5%
of the grant to be designated for administrative responsibility, and
46                                   SCHUYLER COUNTY LEGISLATURE
         WHEREAS, the Youth Bureaus have been designated to provide the youth development aspects for the
programs and youth.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign the aforementioned grant application for the APY Grant funding and any subsequent contracts; subject to
review of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 127 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE               YOUTH      BUREAU/WATKINS               GLEN       INTERNATIONAL     RACEWAY
         EMPLOYMENT PROGRAM AGREEMENT – YOUTH BUREAU
         WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the
strict income criteria of the Workforce Investment Act Employment Program, and
         WHEREAS, the Schuyler County Youth Bureau in collaboration with the Watkins Glen International
Raceway are desirous of integrating a temporary seasonal program for the above mentioned youth, and
         WHEREAS, $4,774 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 and
supervisors to be reimburses by Watkins Glen International Raceway, with reimbursement for personnel
services at actual cost.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized
to hire and implement the above mentioned employment program from June 1, 2006 through September 30,
2006 for youth ages 14 – 20, and
         BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the
contract; subject to review by the County Attorney.
Vote: 8-0.
RESOLUTION NO. 128 Motion by Larison, Second by Yuhasz.
RE: AMEND RESOLUTION NO. 423-05 TITLED - AUTHORIZE 2005-2006 AGREEMENT WITH THE
         WATKINS GLEN YOUTH CENTER (CATHOLIC CHARITIES) FOR AN AFTER SCHOOL
         PROGRAM – SOCIAL SERVICES
         WHEREAS, the Schuyler County Department of Social Services has a contract with the Watkins Glen
Youth Center (Catholic Charities) for an after school program, and
         WHEREAS, this contract is currently funded by the Flexible Fund for Family Services (FFFS), allocated
for Temporary Assistance for Needy Families, and
         WHEREAS, under the Flexible Fund for Family Services (FFFS) the same funding can be used for
PINS/JD Prevention without regard to family income, and
         WHEREAS, Schuyler County‟s teen pregnancy rate for 15-19 year olds is 58.2/1000, and
         WHEREAS, the Schuyler County Legislature wishes to reduce the incidents of teenage pregnancy in the
County as outlined in it‟s Families First Expansion Plan, and
         WHEREAS, the Watkins Glen Youth Center, (Catholic Charities), a local services facility, provides
enhanced programs in such areas as homework assistance, domestic violence prevention, mentoring and other
positive role modeling services for children at or at risk of early pregnancy.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an amended agreement between the Department of Social Services and the Watkins Glen Youth Center,
(Catholic Charities) in the amount of $10,000 for the period September 1, 2005 through June 30, 2006; funding
available in the Department of Social Services account no. 6010.552; subject to approval by the Schuyler
County Attorney.
Vote: 8-0.
RESOLUTION NO. 129 Motion by Larison, Second by Yuhasz.
RE: RECOGNIZE MAY 2006 AS MENTAL HEALTH MONTH - COMMUNITY SERVICES
         WHEREAS, 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
                                         PROCEEDINGS OF THE YEAR 2006                                         47
         WHEREAS, mental health problems do not discriminate between race, creed, age limit or economic
status, and
         WHEREAS, investing in effective mental health programs saves money and lives, whereas not investing
leads to unnecessary costs, disability and premature death, and
         WHEREAS, good mental health is good for workers and the bottom line, and
         WHEREAS, a positive work environment can decrease stress, improve overall health and boost
productivity, and
         WHEREAS, a good work and life balance will keep you healthier and more productive in all aspects of
life, 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 proclaim that May is
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: 8-0.
RESOLUTION NO. 130 Motion by Yuhasz, Second by Bleiler.
RE: AUTHORIZE CONTRACT WITH BARBARA HISLOP, SPEECH THERAPIST FOR PRESCHOOL
         SERVICES -PUBLIC HEALTH
         WHEREAS, the Home Health Agency requires the services of Speech Therapists from time to time, to
eligible preschool children, according to section 4410 of the Education Law, and
         WHEREAS, Barbara Hislop is able to provide speech therapy services as required, and
         WHEREAS, the Home Health Agency has funds available in the budget for the balance of 2006 and for
2007.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with Barbara Hislop, Speech Therapist, effective March 1, 2006 through June 30, 2007,
renewable annually, at an hourly rate of $50.00 per half hour, funds available in the Public Health budget
account no. 2960.400, covered by the Home Care revenues, subject to approval by the Schuyler County
Attorney.
Vote: 8-0.
RESOLUTION NO. 131 Motion by Yuhasz, Second by Bleiler.
RE: RECOGNIZE MAY 6 - 12, 2006 AS NATIONAL NURSES WEEK - HEALTH SERVICES
         WHEREAS, the 2.9 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, 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
         WHEREAS, more qualified registered nurses will be needed in the future to meet the increasing
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, this
Legislature declares the week of May 6–12, 2006 as National Nurses Week 2006 in celebration of the 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
48                                     SCHUYLER COUNTY LEGISLATURE
        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 Home Health, Schuyler County Mental Health Clinic, Schuyler
Hospital, The Falls Home, Schuyler Hospital‟s Seneca View facility, local Schools and Doctors‟ offices.
Vote: 8-0.
RESOLUTION NO. 132 Motion by Yuhasz, Second by Bleiler.
RE: AUTHORIZE CONTRACT WITH HONEYWELL HOMMED LLC FOR MEDPARTNER
        EQUIPMENT LEASE / PURCHASE - PUBLIC HEALTH
        WHEREAS, Public Health leases equipment for the HomMed Monitoring system, and
        WHEREAS, further equipment is required to increase the number of patients served by these monitors,
and
        WHEREAS, Honeywell HomMed LLC will lease this equipment to Public Health effective immediately
for a period of five (5) years under a lease / purchase agreement.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign the Contract to lease 15 MedPartner monitors at a rate of $18 per monitor per month for a total of $270.00 per
month and a payment of $1.00 per monitor at lease end, for an amount not to exceed $16,215 over the term of the
lease, funding being available in the Public Health budget, subject to the approval of the County Attorney.
Vote: 8-0.
RESOLUTION NO. 133 Motion by Fagan, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH COORDINATED CARE SERVICES (CCSI), INC. OF
        ROCHESTER FOR PLANNING SUPPORT SERVICES – COMMUNITY SERVICES
        WHEREAS, a new planning process is required by the New York State Office of Mental Health to
develop a Three-Year County Plan for Comprehensive Mental Health Services, and
        WHEREAS, CCSI, Inc of Rochester is willing to provide such planning services for several Finger
Lakes Region counties, including Schuyler County, and
        WHEREAS, CCSI, Inc. is a not-for-profit management service organization with specific expertise in
the areas of behavioral health and human services.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a
contract with CCSI, Inc. to provide planning services, effective immediately, through December 31, 2006, to be
renewed annually on the calendar year, at a cost not to exceed $10,000.00, funding being available in the 2006
budget; subject to the approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 134 Motion by Fagan, Second by Bingell.
RE: RECOGNIZE WEEK OF APRIL 23, 2006 THROUGH APRIL 29, 2006 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 23, 2006 through April 29, 2006 as “National Volunteer Week” in Schuyler County, and
        BE IT FURTHER RESOLVED, the Legislature further hopes that these dedicated volunteers continue
to enrich our lives, through their most excellent example; their warmth, commitment and generosity, being an
inspiration to us all. To each of them we express the thanks of a grateful citizenry.
Vote: 8-0.
RESOLUTION NO. 135 Motion by Fagan, Second by Bingell.
RE: AUTHORIZE REQUEST FOR PROPOSALS AND FOR GRANT FUNDING FOR A COUNTY-
        WIDE TRANSIT NEEDS ASSESSMENT
        WHEREAS, the Community Development and Natural Resources Committee recently created a
Transportation Sub Committee to discuss transportation needs in Schuyler County, and
                                       PROCEEDINGS OF THE YEAR 2006                                        49
        WHEREAS, that sub committee is recommending that the County of Schuyler request proposals and
grant funds for a county–wide transit needs assessment, and
        WHEREAS, there are grant funds made available through the New York State Department of
Transportation (NYSDOT) for such assessments.
        NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature is hereby authorized to
solicit quotes for a County-Wide Transit Needs Assessment for review and recommendation by the
Transportation Sub Committee, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any
and all documents relative to requesting grant funds from the NYSDOT for said study.
Vote: 8-0.
RESOLUTION NO. 136 Motion by Bingell, Second by Yuhasz.
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 $11,993.71 in revenues from the sale of timber
on federally owned entitlement land in the Town of Hector, and
        WHEREAS, in accordance with the provisions set forth in Section 500 of Title 16, United States Code,
these funds must be used for the benefit of public schools or public roads, and
        WHEREAS, this income is normally used by the Town of Hector for road maintenance.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer $11,993.71 to the Town of Hector for road maintenance.
Vote: 8-0.
RESOLUTION NO. 137 Motion by Bingell, Second by Yuhasz.
RE: AMEND 2006 BUDGET FOR MEDICAL SUPPLIES & EXPENSE – HUMAN RESOURCES
        WHEREAS, the Highway Department has agreed to pay the cost of the federally required Drug and
Alcohol testing for its employees.
        NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to amend the
2006 Human Resources budget, as follows:
        AMOUNT          ACCOUNT NO.            DESCRIPTION
        +$1,300         1430.429               Medical Supplies & Expense
        +$1,300         1430-1260              Fees
Vote: 8-0.
RESOLUTION NO. 138 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE AGREEMENT WITH ROY TEITSWORTH AUCTION SERVICES – HIGHWAY
        DEPARTMENT
        WHEREAS, the Public Works Committee has agreed with the Highway Superintendent to take surplus
items to auction.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of Legislature be hereby authorized to
sign contracts with Roy Teitsworth for auctions in Palmyra and Lansing, at a 10% commission; subject to the
approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 139 Motion by Bingell, Second by Larison.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF COUNTY ROUTE 5
        BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT
        WHEREAS, Schuyler County accepted a proposal for engineering services for the Replacement of
County Road 05 Bridge over Tug Hollow Creek BIN #3332370, and
        WHEREAS, the project design is completed, it is now necessary to advertise for bids for construction,
and
        WHEREAS, funding for said project is available in the 2006 budget account no. 5120.524.
        NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to
advertise for bids for the construction of the County Road 05 Bridge Replacement.
Vote: 8-0.
50                                    SCHUYLER COUNTY LEGISLATURE
RESOLUTION NO. 140 Motion by Bingell, Second by Larison.
RE: AUTHORIZE SUPPLEMENTAL AGREEMENT WITH BARTON & LOGUIDICE FOR THE
         CONSTRUCTION INSPECTION OF COUNTY ROUTE 5 BRIDGE REPLACEMENT – HIGHWAY
         DEPARTMENT
         WHEREAS, the replacement of PIN 6753.48, BIN 3332370, CR 05 over Tug Hollow Creek is a
Federal-aid eligible project, and
         WHEREAS, a supplemental agreement is necessary for Construction Inspection Services, necessary, but
not assumed in the original agreement, and
         WHEREAS, Barton & Loguidice Engineers have been 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 supplemental agreement not to exceed $ 65,000.00 funding available in the
2006 budget account no. 5020.400; subject to the approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 141 Motion by Bingell, Second by Larison.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR REPAIRS OF THE COUNTY ROUTE 14
         BRIDGE OVER HOOKER CREEK – HIGHWAY DEPARTMENT
         WHEREAS, Schuyler County accepted a proposal for engineering services for the Repair of County
Road 14 Bridge over Hooker Creek BIN #3332270, and
         WHEREAS, the project design is completed, it is now necessary to advertise for bids for necessary
repairs, and
         WHEREAS, funding for said project is available in the 2006 budget account no. 5120.545.
         NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to
advertise for bids for County Road 14 Bridge Repair.
Vote: 8-0.
RESOLUTION NO. 142 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE CREATION AND FILLING OF AN INFORMATION PROCESSING SPECIALIST
         POSITION/ABOLISH ACCOUNT CLERK TYPIST POSITION – HIGHWAY DEPARTMENT
         WHEREAS, the Highway Superintendent, the Human Resources Manager and the Personnel Officer have
carefully reviewed the job specification of the Account Clerk Typist position in the Highway Department, and
         WHEREAS, the Account Clerk Typist‟s job duties have changed with more emphasis on micro-
computers and information processing, and
         WHEREAS, it is the recommendation of the Public Works Committee, the Human Resources Manager
and the Personnel Officer that the Account Clerk Typist title change to Information Processing Specialist to be
placed in Grade Level 12, at an hourly rate of $13.32 per hour, for the efficient operation of the Highway
Department and to more appropriately reflect the job responsibilities, and the County Administrator concurs
with said recommendation, and
         WHEREAS, there is money in the 2006 Highway budget to cover the cost of said change.
         NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent is hereby authorized to
create the title of Information Processing Specialist to be less than full-time, 20 hours a week in Grade Level 12,
at an hourly rate of $13.32, effective April 3, 2006, and
         BE IT FURTHER RESOLVED, that the title of Account Clerk Typist in the Highway Department be
hereby abolished.
Vote: 8-0.
RESOLUTION NO. 143 Motion by Bingell, Second by Yuhasz.
RE: APPOINTMENT – SCHUYLER COUNTY PLANNING COMMISSION
         BE IT RESOLVED, that Coleen Fabrizi be appointed to the Planning Commission as the Tourism Seat
for a term of January 1, 2006 through December 31, 2007.
Vote: 8-0.
RESOLUTION NO. 144 Motion by Bingell, Second by Yuhasz.
RE: PROCLAIM APRIL 23–29, 2006 AS NATIONAL COUNTY GOVERNMENT WEEK
                                       PROCEEDINGS OF THE YEAR 2006                                           51
        WHEREAS, each year the National Association of Counties designates one week as National County
Government Week as a way to raise awareness about the variety of essential services that our counties provide.
This year's National County Government Week will be held from April 23-29, 2006 and focuses on the theme
"Protecting Our Communities”, and
        WHEREAS, America's counties provide a variety of essential services. Right here in New York State,
our counties are at the front line of an array of important programs and services, many of which work to protect
our communities and families, and
        WHEREAS, Counties protect residents from natural disasters, terrorist attacks, crime, and drug abuse.
Counties are the first to respond to emergency situations and are primarily responsible for planning for
disasters. Counties also work to protect families, children and youth, and
        WHEREAS, there are 3,066 counties in the United States, collectively responsible for the well being of
more than 250 million residents, and
        WHEREAS, in New York State, our 57 counties and the five boroughs of New York City represent
thousands of public servants who provide programs and services to New York State's 19 million residents, and
        WHEREAS, Counties provide services that make all of our communities stronger, safer places to live
and raise families. Counties police our roads and streets, save lives in hospitals, keep families healthy, repair
bridges, plow snow, help troubled youth, train laid-off workers and perform countless other jobs, and
        WHEREAS, Counties have a long history of providing critical services. County governments are the
citizen's local government voice, providing solutions that bring communities together.
        NOW, THEREFORE, BE IT RESOLVED, in recognition of the leadership, innovation and valuable
service provided by our state's counties, the Schuyler County Legislature hereby proclaims April 23 - 29, 2006
National County Government Week.
Vote: 8-0.
RESOLUTION NO. 145 Motion by Bingell, Second by Larison.
RE: AMEND 2006 BUDGET FOR WATERSHED PROTECTION DISTRICT
        WHEREAS, Resolution No. 109-06 authorized advertising for bids for chemical application and
residual monitoring services for the Lamoka/Waneta Lakes Protection and Rehabilitation District for Lamoka
Lake, and
        WHEREAS, there are no funds available in the 2006 budget for said expense.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
amend the 2006 Watershed Protection District budget, as follows:
        AMOUNT         ACCOUNT NO.             DESCRIPTION
        +$5,000        8740.400                Contractual Expense
        +$5,000        8740-1030               Special Assessments
Vote: 8-0.
RESOLUTION NO. 146 Motion by Bingell, Second by Larison.
RE: AUTHORIZE APPOINTMENT – OFFICE FOR THE AGING DIRECTOR
        WHEREAS, the Director of the Office for the Aging position has been vacant since February 14, 2006,
and
        WHEREAS, it is upon recommendation by the Human Resources Director and the County
Administrator that Tamre Waite be appointed to said position.
        NOW, THEREFORE, BE IT RESOLVED, that Tamre Waite be appointed Director of the Schuyler
County Office for the Aging effective May 1, 2006 at an annual salary of $45,000, Grade H, in the
Management/Confidential Salary Plan.
Vote: 7-1. Bleiler.
RESOLUTION NO. 147 Motion by Bingell, Second by Larison.
RE: AUTHORIZE CREATION AND FILLING OF A FULL-TIME TEMPORARY LABORER POSITION
        – BUILDINGS AND GROUNDS
        WHEREAS, the Maintenance Mechanic in Buildings and Grounds is out on medical leave for an
undetermined length of time, and
        WHEREAS, there is a need for additional help on a temporary basis, and
52                                     SCHUYLER COUNTY LEGISLATURE
         WHEREAS, the incumbent‟s medical leave is unpaid thereby leaving funds to pay someone on a
temporary basis.
         NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be hereby
authorized to create and fill the full-time laborer position on a temporary basis, hours not to exceed 40 hours per
week, at an hourly rate of $11.32, in Grade IX, or hire from a temporary agency, within budget; funding
available in Buildings and Grounds account no. 1620.100, until such time as the incumbent returns from
medical leave.
Vote: 8-0.
RESOLUTION NO. 148 Motion by Bingell, Second by Larison.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE WATERSHED INSPECTOR
         POSITION – PUBLIC HEALTH
         WHEREAS, Schuyler County Public Health has a vacant Watershed Inspector position, and the Director of
Community Services/Public Health has selected a candidate, and
         WHEREAS, funding to fill this position is available in the year 2006 budget.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges
the appointment made by George Roets, Director of Community Services/Public Health, of Timothy Hicks to
fill the full-time Watershed Inspector position, and upon recommendation of the Human Resources Director,
sets the salary at $35,000, in Grade E in the Management/Confidential Salary Plan, effective April 24, 2006.
Vote: 8-0.
RESOLUTION NO. 149 Motion by Karius, Second by Larison.
RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR
         BE IT FURTHER RESOLVED, that two (2) Resolutions be brought to the floor.
Vote: 8-0.
RESOLUTION NO. 150 Motion by Karius, Second by Larison.
RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS AND SURVEYORS FOR
         SENECA HARBOR PARK PHASE III PROJECT – BUILDINGS AND GROUNDS
         WHEREAS, Resolution No. 54-05 authorized advertisement for bids for the Seneca Harbor Park Phase
III project, and
         WHEREAS, all bids received were higher than anticipated therefore they were rejected, and
         WHEREAS, the County has made some design changes to compensate on the cost.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a
contract with Hunt Engineers, Architects and Surveyors in the amount of $13,000 for design work, bid
documents, topographical surveying and construction supervisors upon approval of the County Attorney, and
         BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor is authorized to advertise for
bids with funding available in the Capital reserve account no. 004.1620.209.
DISCUSSION Legislator Fagan stated that seeing how this resolution did not come to committee that he would
like clarification on the BID compared to the previous BID that was done. He would like to see the numbers.
Administrator O‟Hearn said he can not answer a lot of the specifics, but his understanding is that David Lisk,
Building Maintenance Supervisor, said he needs this authorization in order to move forward with the new BID.
Legislator Fagan requested to make sure Mr. Lisk brings numbers to the next Public Works Committee meeting.
O‟Hearn said he would request that David do so and understood that there was also a time constraint to get this
going. Legislator Fagan said that he did not want to delay this and understood time is of the essence, so he
will vote to approve tonight.
Vote: 8-0.
RESOLUTION NO. 150A Motion by Bleiler, Second by Fagan.
RE: MOTION TO TABLE RESOLUTION NO. 151
         BE IT RESOLVED, that Resolution No. 151 be tabled for further discussion.
Vote: 7-1. Karius.
RESOLUTION NO. 151 Motion by Bingell, Second by Karius.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COMMISSIONER
         POSITION – BOARD OF ELECTIONS - TABLED
                                       PROCEEDINGS OF THE YEAR 2006                                              53
         WHEREAS, Bonnie G. Herzig, Republican Deputy Commissioner in the Board of Elections, tendered
her resignation effective March 16th 2006, and
         WHEREAS, Joseph Fazzary, Republican Commissioner in the Board of Elections, has appointed Mary
H. Suits to replace Bonnie G. Herzig with the endorsement of the Republican Party; subject to a required
training probationary period of the Board of Elections.
         NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledge the appointment
by Joseph Fazzary, Commissioner, Board of Elections of Mary H. Suits as Deputy Commissioner, Board of
Elections effective April 11th, 2006 through December 31st, 2006 at an annual salary of $24,000, prorated to 35
hours per week.
DISCUSSION: Legislator Bingell asked for clarification on the middle paragraph, where it says “subject to a
required training probationary period of the Board of Elections”. She wanted to know what that meant. It also
has an effective date of April 11, 2006. This starting salary will be much higher than the usual $8 per hour that
has been past practice for training. This starts her at a full salary at day one which is tomorrow. When does she
go to Ithaca for training? Administrator O‟Hearn stated the training or probationary period is at the direction of
Board of Elections, Commissioner. He understood that there will be a six week training period. This is not
County policy and he would defer further questions to County Attorney Coleman. O‟Hearn said that if there
was money in the budget it is to their discretion and what has been done, is within the powers as Commissioner.
Attorney Coleman explained that this is correct and that he could not add to it. The Board of Elections is pretty
independent, he is unaware of any restriction constraint to be starting at a training wage. Legislator Bleiler
stated that in the past that they have paid up to six weeks at $8 per hour, but it seems unfair that the two
commissioners can start deputies at different rates. It also seems like both Commissioners would have to agree
on the salaries. Legislator Slusser replied that it seems like we have addressed this in the past and the salary
was reflective based on experience. Administrator O‟Hearn again stated that the Commissioners have that
ability to decide, but was not sure what discussion has taken place between the two Commissioners. Legislator
Fagan said that if there is a training period payment, there is no trainer available this time and this is probably
the difference from the past practice. Legislator Slusser asked for clarification on how Board of Elections
positions are different from County. He wanted to know if they are considered county employees. The Clerk
informed Legislator Slusser that they are considered county employees. Attorney Coleman answered that they
are a County Employee but a unique one. Legislator Slusser replied that they are an employee with benefits,
but in this department they can hire any person they want. Attorney Colemen said he is correct, and this is a
unique department. Legislator Bleiler stated that there would not be a trainer and if this person is going
somewhere else to get trained that it dumps the work on the other deputy. He was not sure why the two
commissioners have not gotten together. Legislator Larison was troubled by the person receiving full salary
before being trained and felt that a person untrained should not get the same salary. Legislator Fagan inquired if
this is a matter to be decided by Commissioners or does it have to be decided laterally with the Legislature.
Legislator Yuhasz said that they had a discussion over this before and from what he remembered, the outcome
was that they had no say of what they pay for a salary. Legislator Fagan said he felt that this did not foster a
good working environment to start out along side the other Deputy at this salary. Legislator Slusser, do we not
have a say and are we wasting time talking about it and maybe should we table it. Legislator Yuhasz said he
was certain that this had been discussed before and they had no say. Legislator Karius stated that the
Republican Party Chairman, Phil Barnes, gave the recommendation of this individual. She also stated that
when you start a new job in any position, you do not know everything. Legislator Larison said that he has no
problem with the person, just the salary. Legislator Fagan asked again if the Legislature has any say in the
matter. Attorney Coleman advised that this Resolution could be tabled and discussed further with the
Commissioners. Legislator Bleiler said the Legislature is able to table it because it is our resolution and we can
amend the salary. Attorney Coleman explained that the Legislature could table it, but they ca not have a say on
the appointment. Administrator O‟Hearn said they could have suggested a lower salary, but opted not to, and
by having the Resolution, the Legislature is just acknowledging it as a formality. Attorney Coleman said that is
correct, they acknowledge the salary. Legislator Slusser requested that they go into executive session to discuss
an employee at the end of the meeting. Legislator Yuhasz said that he just wanted to say again that as far as the
Board of Elections goes, the Legislature only controls the money.
54                                    SCHUYLER COUNTY LEGISLATURE
Vote: None.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
         Legislator Larison reported on the Fish & Wildlife Committee. He recently attended a meeting where
they discussed opening lands around NYS Reservoirs/watershed for hunting and cutting timber, which will
enhance the hunting because this land will now be open to hunting. He also has run into some questions about
the hunting laws and accessibility for individuals with disabilities that are hunting. He is looking into getting
some clarification. There were also discussions about the Hudson Valley, Erie Canal and the Niagara River.
He discussed the change for pleasure boaters using the canal. There will be no pass charge for pleasure boaters
using the canal this year.
         Legislator Bleiler reported on the Public Safety/Criminal Justice Committee. He spoke about Senator
Winner‟s Senate Bill amendment for the proposed $2,000 tax deduction for Volunteer Firefighters and
Volunteer Ambulance workers. The Schuyler County Legislature took this to the Inter-County Association of
Western New York meeting and they agreed to support the Bill but now a few things will have to be changed.
This will really be up to Senator Winner because he has sponsored the Bill. The State Budget is saying now
that a $220 tax credit is being proposed in the budget and this will be better for some people but not others.
This will be better than nothing of course but the Governor has until later in the week to decide if he wants to
Veto anything in budget. Although he had not heard that he might veto this particular Bill. Legislator Bleiler
also reported that he and Legislator Larison, along with Administrator O‟Hearn recently went to Delhi in
Delaware County to observe their new wireless network. This is eventually coming to our area and will
probably be here in about 2-3 years, but in order for it to happen we need to verify tower locations to make sure
that it will be in a good location. The State is going to pay to put in their own towers.
         Legislator Slusser reported that he attended a Municipal Electric and Gas Alliance (MEGA) annual
meeting for Board of Directors. He said he is now better aware of what is going on with MEGA. He also said
that Administrator O‟Hearn is aware and actively involved. The Legislature needs to get better involved. He
handed out a Press Release. He also reported on the Industrial Development Agency (IDA) which is supporting
the new Hotel project. There will be empire zone credits first thirteen years. He reported that there were still a
few Department of Environmental Conservation (DEC) issues he believed.
         Legislator Fagan reported that he had heard today that the DEC issues are now being resolved and the
project should now be moving forward. As far as an update on the Transportation Subcommittee, they have met
and hopefully the Chairman will be signing a proposal soon. The consultant should have a Request for Proposal
(RFP) draft available sometime next week. The basis for the meeting on the 25th of April will be for the
subcommittee to get consultants for the transportation study.
COUNTY ADMININSTRATORS REPORT:
         Administrator O‟Hearn reminded everyone that he was hired one year ago today. He wanted to update
everyone on the status of the Intermunicipal agreement for Records Management, and wanted to thank Attorney
Coleman for his assistance on a nice draft proposal. He will bring the Legislature the proposal for review when
it is ready. There seems to be a lot of excitement and support from everyone. Legislator Slusser wanted to
know how many Municipalities want to be involved. O‟Hearn said there are currently five Municipalities. The
State has received the grant. There were 240 applications received. Legislator Bleiler asked if more
municipalities could join in after the fact. O‟Hearn said yes, right now they are all in the Watkins Glen District
and are the one‟s that expressed interest.
         O‟Hearn also updated the Legislature on the Council of Government meetings. The Chamber of
Commerce will be doing a presentation on County-Wide Tourism and will be seeking some assistance.
         He gave an update on the Help Americans Vote Act (HAVA) by reporting that they are still discussing
it, but need to execute some agreements with the Municipalities in regards to the voting machines.
         He also reported that recent Sales Tax changes made at the State level have given Counties the
provisions to opt out of their 4% portion if the Governor does not VETO that portion of the State Budget. He
reported that there were some additional clarifications listed in the New York State Association of Counties
                                        PROCEEDINGS OF THE YEAR 2006                                              55
(NYSAC) Newsbytes that were emailed. If this gets passed, then there will need to be some additional
conversation and possible action.
         In reference to the National County Government Week, he has met with several interested Department
Heads and discussed ideas of ways to celebrate the week. They brainstormed and have decided to send out an
invitation which has been sent to the School Districts. This also happens to be Committee week for the
Legislature and is a great opportunity for students to work side by side with officials. The Watkins Glen School
District has responded and said that they are interested in participating, but still checking into it. They have not
heard from the Odessa-Montour District yet, but the invitations just went out. We are also planning on
highlighting County staff. We sent out a survey asking employees to list their Volunteer participation in the
Community. We have also planned an improvement project. We have chosen the Veteran‟s Memorial Park
and asked if any employees would be willing to volunteer their time to work in the park to prepare it for
Memorial Day. The staff has responded and many are interested. This is just one activity and he said to let him
know if the legislators had any other ideas. The date for the County Employees to volunteer on the project is set
for Saturday, April 29, 2006 at 9:00 a.m.. He stated that he was very proud to be associated with so many staff
that are willing to help out.
         He also reported more on the HAVA demonstration. He met with Board of Elections Commissioner
John Vona, and the demonstration date will be April 25, 2006 from 1:00 to 7:00 p.m. at the Community Center.
All of the Voting Machine Venders that are in the running for certification will be present. He was told that
from 1:00 p.m. -3:00 p.m. will be reserved for Government Officials and the invitation will be coming out. The
rest of the time is set aside for the public.
PUBLIC PARTICIPATION:
         Sue Brill stood and stated that she would like to congratulate Administrator O‟Hearn for surviving one
whole year in his role with the County.
         MOTION to go to Executive Session to discuss Employee History by Legislator Larison, SECOND by
Legislator Slusser. Motion carried eight ayes to zero noes.
         MOTION to come out of Executive Session made by Legislator Larison, SECOND by Legislator
Bingell. Motion carried eight ayes to zero noes.
         The Meeting adjourned at 7:45 p.m.
                 Stacy B. Husted, Clerk
                 Sharlene A. Parker, Deputy Clerk

                                             SPECIAL MEETING
                                               APRIL 12, 2006

        The April 12, 2006 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 Bleiler and followed by a Moment of
Silence. All Legislators were present except Legislator Yuhasz, who was absent. County Attorney Coleman
and County Administrator O‟Hearn were also present.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 152 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. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COMMISSIONER
           POSITION – BOARD OF ELECTIONS – TABLED
Vote: 7-0
RESOLUTION NO. 151B Motion by Bingell, Second by Bleiler.
RE: MOTION TO AMEND RESOLUTION NO. 151 - FAILED
        BE IT RESOLVED, that Resolution No. 151 be amended to include a 6 weeks probationary period.
56                                     SCHUYLER COUNTY LEGISLATURE
DISCUSSION: Legislator Bleiler asked to hear from the Republican Commissioner, Joseph Fazzary. Joe
stated that he wants to have the Resolution passed and asked what the questions were from the Legislators.
Legislator Bingell stated that she had some questions about the fact that the Deputy was to start yesterday and
wanted to know when she was going to get trained. She felt the Deputy should not start without training. Joe
stated that the Democratic Deputy Commissioner was on vacation, and between the two Commissioners they
were trying to cover the Board of Elections office, but it is difficult. The training will occur in Tompkins
County over in Ithaca. The plan was to bring on the new Deputy full-time and when they can have time send
her to Tompkins County, at no cost, and they can have the office open as much as possible. He had asked for
six weeks of probationary in case it does not work out. He also wants to review the new person at the end of six
weeks. Legislator Bingell also inquired as to why there would be a full salary through the training period
because this is contrary to the past practice. Joe said there is money in the budget and this has been approved
by the State Board, if the Legislature wants to deviate from that, then the other Commissioner, John Vona and I
would have to discuss it. He said he had spoken to the State and they told him that this should not be up for
discussion today. This seems like the best solution and the best for all of us. Legislator Larison said that his
position on this issue has changed from the other night. When hiring other positions, the Legislature hires for
the designated Salary rate. An example would be looking at the recent hire of the new Office for the Aging
Director. He also sated that he thought historically within the County that we did not hire at a lower rate.
Legislator Bleiler said he disagreed with Legislator Larison and stated that the new person needs sufficient
training. Legislator Bleiler referred to the Social Services Department, they hire at a lower rate until they are
trained, but stated that he felt there was a bigger issue with this situation. He feels there is a need to make sure
the two Commissioners are doing the same thing. Joe explained the regulations, and the fact that if
Commissioner Vona and himself did not agree, there were provisions in the law to address the issue. In this
particular case, if the other side had the opportunity to decide on the wage it may discourage the hiring of an
individual and that would be controlling who was able to be hired and that would not be good. For this reason,
the law is in place. Legislator Bingell asked if there was a difference between $8 and $13 per hour. Legislator
Fagan said he felt the difference in this particular situation and the difference between the past would be that
this position is vacant and before there would be a trainee getting trained by the previous Deputy. Now there is
a vacancy and Tompkins County is willing to do the training. While the new Deputy is getting trained,
Commissioner Fazzary should be there to cover the office. If this is the case then he would not have a problem
with the resolution. Legislator Bingell stated that she wants to make a motion to make an amendment to the
Resolution to include the six weeks probationary period that Commissioner Fazzary is referring to having for
the new Deputy. Attorney Coleman said that this could be done, but it would have to be recorded in writing
that Commissioner Fazzary agrees to this amendment. Joe said that he agreed with the required training
probationary period and thought that this was going to be in the resolution already, but had no problem having
the six weeks probation listed in the resolution now. Legislator Bingell stated that she feels it needs to be in the
resolution and that this is the way it should read, she would like to have the six weeks listed in there and then it
should be okay. Administrator O‟Hearn asked Commissioner Fazzary for further clarification. At the end of
the six weeks you will be deciding if she is permanent or not? The County already does six months and is six
weeks adequate enough time to decide? Joe said yes and that there were a lot of things coming up which would
be able to show him whether she would be permanent or not. Joe wanted to know if this meant they do not need
to come back when they decide yes or no at six weeks? There was a consensus that there was not a need to
come back to the Legislature. Legislator Slusser asked if Board of Elections employees are allowed to work in
campaigns. Joe said they do not participate or are actively involved and they are not allowed to carry petitions.
Legislator Slusser asked if there were any procedures in place within the office stating that they are not allowed
to offer any additional aid to candidates. Legislator Bleiler said he was not worried about the Commissioners,
but this is a change from the first eight years the he had been here with the Legislature. If the Legislature says
no about the budget he was not sure if this was very healthy. It seemed unhealthy if the Commissioners could
not come in and say we agree on this appointment salary. Commissioner Vona said that he thought that they
both had some concerns in regards to what Legislator Slusser was talking about, but they had discussed them.
This issue would not be allowed to happen. Joe added that this had already been addressed with the candidate
and would not be allowed. Legislator Slusser stated that even with this amendment it is still going to be based
                                      PROCEEDINGS OF THE YEAR 2006                                           57
on Commissioner Fazzary‟s decision. Legislator Karius said she has been a Legislator for a long time, enough
to see Commissioners and Deputies come and go through the years and it seems ridiculous that everyone was
acting like this with this appointment.
Vote: 3-4 Noes: Larison, Karius, Slusser, Gifford.
RESOLUTION NO. 151 Motion by Bingell, Second by Karius.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COMMISSIONER
        POSITION – BOARD OF ELECTIONS RECINDED BY RES. 171-06
        WHEREAS, Bonnie G. Herzig, Republican Deputy Commissioner in the Board of Elections, tendered
her resignation effective March 16th 2006, and
        WHEREAS, Joseph Fazzary, Republican Commissioner in the Board of Elections, has appointed Mary
H. Suits to replace Bonnie G. Herzig with the endorsement of the Republican Party; subject to a required
training probationary period of the Board of Elections.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledge the appointment
by Joseph Fazzary, Commissioner, Board of Elections of Mary H. Suits as Deputy Commissioner, Board of
Elections effective April 11th, 2006 through December 31st, 2006 at an annual salary of $24,000, prorated to 35
hours per week.
Vote: 7-0
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 1:25 p.m.
                 Sharlene A. Parker, Deputy Clerk

                                           REGULAR MEETING
                                              MAY 8, 2006

        The May 8, 2006 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 except Legislator‟s Gifford. County Attorney Coleman and County
Administrator O‟Hearn were also present.
PUBLIC PARTICIPATION:
        Tom Powers representing Famous Brands Store stood and stated that he was in favor of the County
voting and approving the Clothing Sales Tax Exemption. He felt that it would help the economic growth and
later possibly help with the expansion of businesses on Franklin Street.
        County Attorney Coleman introduced the new intern that will be in the County Attorney‟s office
through August. Her name is Rachel Boruchowitz and she will shadow everyone in the office by attending
meetings and even court hearings. This is the first intern for the office and he explained that she is a local
Schuyler County resident who lives in Trumansburg. This is will be a great way to help her with deciding if she
wants to go into the law field further.
RESOLUTION NO. 153 Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE APRIL 10, 2006 REGULAR MEETING AND THE APRIL 12, 2006
        SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
        BE IT RESOLVED, that minutes of the April 10, 2006 Regular Meeting and the April 12, 2006 Special
Meeting of the Schuyler County Legislature be approved.
Vote: 8-0.
RESOLUTION NO. 154 Motion by Bleiler, Second by Yuhasz.
RE: AUTHORIZE AGREEMENT WITH SWANSON SERVICES CORPORATION FOR COMMISSARY
        SERVICES – SHERIFF‟S DEPARTMENT
        WHEREAS, Persons incarcerated in the Schuyler County Jail have the ability to purchase commissary
items such as personal hygiene products, clothing and snack foods with monies that are in their personal
accounts, and
58                                   SCHUYLER COUNTY LEGISLATURE
        WHEREAS, currently the Schuyler County Jail operates it‟s own in house commissary supported by
inmate purchases, and by contracting with Swanson Services Corporation will reduce personnel costs for filling
orders, improve product selection to inmates, and provide an improved accounting system for all funds, and
        WHEREAS, all costs associated with this service are paid for by inmates, with no costs incurred by the
County.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, be authorize to sign a
contract with Swanson Services Corporation, contract subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 155 Motion by Bleiler, Second by Yuhasz.
RE: AUTHORIZE AN INTERMUNICIPAL AGREEMENT WITH MONROE COUNTY FOR
        INPATIENT TREATMENT – SHERIFF‟S DEPARTMENT
        WHEREAS, at times inmates in the custody of the Schuyler County Sheriff are in need of inpatient
mental health services, and
        WHEREAS, the Rochester Psychiatric Center Forensic Unit provides forensic services at the Rochester
Psychiatric Center, and
        WHEREAS, said Forensic Unit has the capability of providing inpatient services for the Sheriff‟s
Department that has inadequate facilities for treatment of mentally ill inmates.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, be authorize to sign an
intermunicipal agreement with Monroe County for the inpatient treatment of mentally ill inmates, at a rate of
one hundred twenty five dollars ($125.00) per day, per inmate for a term of January 1, 2006 through December
31, 2010, funding available in the 2006 budget account no. 3150.0456, agreement subject to approval by the
Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 156 Motion by Bleiler, Second by Yuhasz.
RE: AUTHORIZE CONTRACT RENEWAL WITH MIKE POWERS FOR INVESTIGATIVE SERVICES
        - DISTRICT ATTORNEY
        WHEREAS, there is currently a need for investigative services for the District Attorney‟s Office as a
result of the number of criminal cases pending in Schuyler County, and
        WHEREAS, the District Attorney believes that an investigator would enhance his ability to prosecute
the extensive number of criminal offenses within Schuyler County, and
        WHEREAS, the District Attorney requests that a contract with Michael J. Powers be executed for
investigative services to the District Attorney‟s Office, with compensation to be paid at an hourly rate of
$20.00, on an as needed basis, not to exceed $5,000.00 over the term of the contract.
        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 beginning May 9, 2006 through March 31, 2007, as long as grant funds are available; said contract with
Michael J. Powers is to include compensation at a hourly rate of $20.00 ($5,000.00 maximum over the term of
the contract) to be paid according to paragraph 6 of the contract, subject to the approval of the Schuyler County
Attorney.
Vote: 8-0.
RESOLUTION NO. 157 Motion by Bleiler, Second by Bingell.
RE: AUTHORIZE APPLICATION FOR THE NEW YORK STATE CRIME VICTIM‟S BOARD GRANT
        - DISTRICT ATTORNEY
        WHEREAS, grant monies have been made available by the New York State Crime Victim‟s Board to
assist the Schuyler County District Attorney‟s Office in its efforts to ensure that crime victims are fully
informed as to the status of matters in the criminal justice system, to ensure that victims are heard, and to ensure
that victims receive services from advocates, therapists, counselors, and others as necessary to help them
recover from victimization.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County
District Attorney to submit a grant application for the 2006/2009 New York State Crime Victim‟s Board Grant.
Vote: 8-0.
                                          PROCEEDINGS OF THE YEAR 2006                                         59
RESOLUTION NO. 158 Motion by Bleiler, Second by Bingell.
RE: RESOLUTION RECOMMENDING THE INCLUSION OF ADDITIONAL LANDS IN SCHUYLER
         COUNTY AGRICULTURAL DISTRICTS
         WHEREAS, in accordance with New York State Agricultural Law, Article 25AA, Schuyler County has
established an annual enrollment period for landowners to petition the County to include their land in one of the
three Schuyler County Agricultural Districts, and
         WHEREAS, during the 2005 enrollment period the County received requests to add 13 parcels to the
districts, but excluded two non-agricultural properties at the request of New York State Department of
Agriculture and Markets, and
         WHEREAS, the County held a public hearing on June 13th, and received no comment from the public,
and
         WHEREAS, the Schuyler County Agriculture and Farmland Protection Board has issues a declaration of
no negative environmental impact pursuant to 6 NYCRR Part 617, State Environmental Quality Review.
         NOW, THEREFORE, BE IT RESOLVED, that the Legislature recommends to New York State
Department of Agriculture and Markets that the following parcels be included in Schuyler County Agricultural
Districts I, II and III, at the request of the property owners and with the recommendation of the Schuyler County
Agriculture and Farmland Protection Board.
         2005 Requests for Additions to Schuyler County Agricultural Districts
         Parcel                   Town                   District #    Owner
         7.00-1-29.1              Hector                 1             Edward Dugue, Jr.
         7.00-1-32                Hector                 1             Edward Dugue, Jr.
         107.00-1-50              Montour                2             Mark & Georgie Taylor
         97.00-1-42.5             Montour                2             Mark & Georgie Taylor
         97.00-1-42.3             Montour                2             Mark & Georgie Taylor
         97.00-1-44.2             Montour                2             Mark & Georgie Taylor
         44.20-1-9.1              Hector/Burdett         1             Jerome & Valerie Carocci
         44.20-1-9.2              Hector/Burdett         1             Jerome & Valerie Carocci
         44.20-1-13.1             Hector/Burdett         1             Jerome & Valerie Carocci
         94-1-13                  Dix                    3             Daniel L. Teed
Vote: 8-0.
RESOLUTION NO. 159 Motion by Bleiler, Second by Bingell.
RE: AUTHORIZE CONTRACT RENEWAL WITH STANLEY CLARK – VETERANS SERVICE
         AGENCY
         WHEREAS, the Director of Veterans Services highly recommends the renewal of the contract with
Stanley Clark for office coverage at the Veterans Service Agency, and
         WHEREAS, Stanley Clark, an accredited Service Officer, has agreed to provide these services again for
the year 2006.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign a contract renewal with Stanley Clark for the term July 1, 2006 through December 31, 2006, in an amount
of $12.00 per hour, not to exceed 100 hours, funding available in the 2006 Veterans Service Agency account no.
6510.435-Professional Fees and Services; subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 160 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE MAINTENANCE AGREEMENTS WITH TECHNOLOGY SOLUTIONS, INC. –
         SOCIAL SERVICES
         WHEREAS, the Department of Social Services purchased Collaborative Care for Kids (CC4K) Child
Care software and OnBase Imaging software from Technology Solutions, Inc. in 2005, and
         WHEREAS, the maintenance agreements for this software need to be renewed on May 1, 2006 at a cost
of $4,500 annually for CC4K, and $1,180 for OnBase licenses, and
         WHEREAS, funding is available in the Department‟s budget account no. 6010.435.
60                                    SCHUYLER COUNTY LEGISLATURE
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute maintenance agreements with Technology Solutions, Inc. from May 1, 2006, through April 30, 2007, in
the amount of $4,500 for CC4K and $1,180 for OnBase licenses, with funding in 6010.435, subject to the
approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 161 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE MAINTENANCE AGREEMENT WITH EASTMAN KODAK COMPANY FOR I260
        SCANNER – SOCIAL SERVICES
        WHEREAS, the Department of Social Services purchased a Kodak i260 scanner, including one year of
maintenance, for its Child Care Imaging project last year, and
        WHEREAS, the scanner maintenance agreement expires on May 14, 2006, and
        WHEREAS, a new maintenance agreement is available for $900 per year, and
        WHEREAS, the Department has funds available to pay for this contract out of account no. 6010.435.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an annual maintenance agreement with Eastman Kodak Company for an i260 scanner in the amount of
$900 for a term of May 15, 2006 through May 14, 2007, with funding in account no. 6010.435, subject to the
approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 162 Motion by Larison, Second by Yuhasz.
RE: RECOGNIZE JUNE 12 - 18, 2006 AS NATIONAL MEN‟S HEALTH WEEK - PUBLIC HEALTH
        WHEREAS, the purpose of Men‟s Health Week is to heighten the awareness of preventable health
problems and encourage early detection and treatment of disease among men and boys, and
        WHEREAS, this week gives health care providers, public policy makers, the media and individuals an
opportunity to encourage men and boys to seek regular medical advice and early treatment for disease and
injury, and
        WHEREAS, educating both the public and health care providers about the importance of early detection
of male health problems will result in reducing rates of mortality, and
        WHEREAS, appropriate use of tests such as Prostate Specific Antigen (PSA) exams, blood pressure
screens, cholesterol screens, etc., in conjunction with clinical examination and self-testing for problems such as
testicular cancer can result in the detection of many of these problems in their early stages and increases in the
survival rates, and
        WHEREAS, many men are reluctant to visit their health center or physician for regular screening
examinations of male related problems for a variety of reasons including fear, lack of information and cost
factors, and
        WHEREAS, men who are educated about the value that preventive health can play in prolonging their
lifespan and their role as a productive family member will be more likely to participate in health screenings.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes June 12 -
18, 2006 as National Men‟s Health Week and encourages men of all ages to implement positive lifestyles for
themselves and their families.
Vote: 8-0.
RESOLUTION NO. 163 Motion by Bingell, Second by Larison.
RE: AUTHORIZE AMENDING THE 2006 BUDGET FOR MEDICATIONS - COMMUNITY SERVICES
        WHEREAS, the Mental Health Clinic dispenses prescription medications to clients as part of the treatment
services provided by the Clinic, and
        WHEREAS, some medications prescribed for treatment are purchased only as needed and that need
cannot be anticipated, and
        WHEREAS, there is a need to purchase a specific medication for a client, the cost of which is not included
in the 2006 Budget, and
        WHEREAS, reimbursement for such medications will be made by third party insurances.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
amend the 2006 Community Services budget as follows:
                                     PROCEEDINGS OF THE YEAR 2006                                            61
        AMOUNT                       ACCOUNT NO.         DESCRIPTION
        +$3,000                      4310.429            Medical Supplies
        +$3,000                      4310-1620           Mental Health Fees
Vote: 8-0.
RESOLUTION NO. 164 Motion by Bingell, Second by Larison.
RE: DECLARE EQUIPMENT SURPLUS FOR VARIOUS DEPARTMENTS - PURCHASING
        BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare
the following items of equipment surplus, and
        BE IT FURTHER RESOLVED, that said equipment be placed in storage for inclusion in the Teitsworth
Equipment Auction.
        (1) 2004 Chevrolet Siverado 4 X 4            Vin# 1GCEK19V04E301767                Central Garage
        (1) 2003 Jeep Liberty 4 X 4                  Vin# 1J4GL48K53W648271                Central Garage
        (1) 1995 Chevrolet Caprice                   Vin# 1G1BL52P5SR150474                Sheriff
        (1) 1995 Chevrolet Caprice                   Vin# 1G1BL52P5SR151933                Sheriff
        (1) 1993 Plymouth Van                        Vin# 2P4GH2531PR343790                Public Health
        (1) 1987 Thomas Bus                          Vin# 1T7D2S676H1775083                Sheriff
        (1) 2003 Chevrolet Express Van               Vin# 1GAHG39U731207742                OFA
        (1) 1994 Ford Ranger Pickup                  Vin# 1FTCR10A9RTA47802                W&M
        (1) 1987 Chevrolet Pickup                    Vin# 1GCGV24KXHS187836                Highway
        (1) Engine                                                                         Sheriff
        Vote: 8-0.
RESOLUTION NO. 165 Motion by Bingell, Second by Larison.
RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER PROVIDING AN
        EXEMPTION FROM SALES AND COMPENSATING USE TAXES FOR RECEIPTS FROM
        RETAIL SALES OF, AND CONSIDERATION GIVEN OR CONTRACTED TO BE GIVEN FOR,
        CERTAIN CLOTHING AND FOOTWEAR, PURSUANT TO THE AUTHORITY OF ARTICLE 29
        OF THE TAX LAW OF THE STATE OF NEW YORK
        Be it enacted by the Legislature of the County of Schuyler, as follows:
        SECTION 1. Subdivision (a) of section six of Resolution No. 140 of November 27, 1967 as amended, is
amended by adding a new paragraph (13) to read as follows:
        (13) Clothing and footwear described in paragraph (30) of subdivision (a) of section 1115 of the New
York Tax Law.
        SECTION 2. This resolution shall take effect June 1, 2006, and shall apply in accordance with
applicable transitional provisions of the New York Tax Law.
DISCUSSION: Legislator Bleiler stated that he was in favor of the exemption. He stated that his reason was
because he felt the numbers are relatively small and is thinking of school kids and families. He feels by doing
the tax exemption, good things will come from it. He said that he read an article recently and wanted people to
be clear that the exemption does not have any relationship with the gas sales tax revenue. He stated that the
Legislature does not anticipate any big sales tax increase with the gas tax, the only way the County was able to
do this was because New York State now had a cap on Medicaid so they can address local issues and this an
important one.
Vote: 8-0.
RESOLUTION NO. 166 Motion by Bingell, Second by Bleiler.
RE: RULES OF PROCEDURE MODIFICATION - ONE MONTH‟S NOTICE
        WHEREAS, it is recommended to amend the Rules of Procedure of the Schuyler County Legislature to
amend Rule 22 as it pertains to the vacancy of the Chairman of the Legislature and the Acting Chairman of the
Legislature not being able to fill a Standing or Special Committee vacancy because he/she is already a
committee member.
        NOW, THEREFORE, BE IT RESOLVED, that notice of the following amendments to the County
Legislature‟s Rules of Procedure be hereby given pursuant to Rule 29 of said Rules of Procedure:
RULE 22         COMMITTEES IN GENERAL:
62                                    SCHUYLER COUNTY LEGISLATURE
Paragraph 11
         Any vacancy on a Standing or Special Committee of the Legislature shall be filled by the Chairman of
the Legislature without delay. In case of temporary vacancies due to medical reasons, etc. where a Legislator is
unable to participate in Committee meetings for a period of two months or more, the Chairman or Acting
Chairman of the Legislature may appoint a substitute member to sit on said Committee with full voting
powers. Said substitute shall be a legislator that is not already on the committee and shall be the next
vice-chairman successors under the Continuity of Local Government.
Vote: 8-0.
RESOLUTION NO. 167 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE GRANT APPLICATION FOR PURCHASE OF LAND AND IMPROVEMENTS
         RELATIVE TO THE CATHARINE VALLEY TRAIL – BUILDINGS AND GROUNDS
         WHEREAS, the county has acquired a parcel of land which extends from the east end of Seneca Harbor
Park southeast fifteen (15) feet wide along the southern edge of the Finger Lakes Rail Road right-of-way to a
point just past Perry Street, and
         WHEREAS, the intended use of this land is for the Catharine Valley Trail to reach its northern end in
Seneca Harbor Park, and
         WHEREAS, there is about five hundred (500) feet of private land between the east end of the new
parcel and Fourth Street, which connects to the Village of Watkins Glen property, that is to be used for the
Catherine Valley Trail, and
         WHEREAS, the County was not successful applying in the 2005 grant cycle.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign a grant application to reapply for funding under the Environmental Protection Act of 1993 and Federal
Land and Water Conservation Fund for the purchase of the remaining land as well as making the Catherine
Valley Trail improvements.
Vote: 8-0.
RESOLUTION NO. 168 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE CONTRACT WITH SUIT-KOTE FOR COURTHOUSE COMPLEX PARKING LOT
         RESTORATION – BUILDINGS AND GROUNDS
         WHEREAS, the Courthouse Complex Parking Lot is in need of minor repairs and sealing, to extend the
life of the lot, and
         WHEREAS, the Building maintenance Supervisor has accepted the New York State Office of
Government Services bid of $9,216.65 from Suit-Kote.
         NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby
authorized to sign a contract with Suit-Kote in the amount of $9,216.65 for minor repairs and sealing of the
Courthouse Complex parking lot, subject to approval by the Schuyler County Attorney, and
         BE IT FURTHER RESOLVED, that funding is available in the Capital reserve account 004.0004.0878.
Vote: 8-0.
RESOLUTION NO. 169 Motion by Bingell, Second by Larison.
RE: RESOLUTION OFFICIALLY DEFINING THE SENECA HARBOR PARK AS A SEASONAL PARK
         AND SET THE HOURS OF OPERATION – BUILDINGS AND GROUNDS
         WHEREAS, the Hours of Operation for Seneca Harbor Park have never been established, and
         WHEREAS, the Public Works Committee recommends setting the hours of operation and officially
defining the park as a Seasonal Park.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby sets the Seneca
Harbor Park‟s Hours of Operation and that signage will be displayed to reflect the following:
                  April 1st – December 14th    -     Sunrise to 11:00 P.M.
                                th          st
                  December 15 – March 31 -           Park closed enter at your own risk
DISCUSSION: Attorney Coleman stated that he just had a question that just occurred. He understands the
intent to set hours and if people were found in the park after hours they could be asked to leave by Village
Police, but he was concerned by the wording of “enter at your own risk”. It is the intention that people can
enter, but they are at risk, correct? The consensus of the Legislature‟s response was that this was correct for the
                                       PROCEEDINGS OF THE YEAR 2006                                            63
meaning. Legislator Slusser asked why it is only for the season. Legislator Bingell replied that this is because
of staffing and toilets. There are no bathrooms available in the off season. Legislator Slusser stated that maybe
there was a need to be clearer on the dates. This would mean someone could enter beyond the dates, but if you
entered after 11:00 p.m. and were not invited when it is closed for the season; the person would not be kicked
out, but simply told that the park is not open. Chairman Gifford stated that the Village Police would have some
authority with the hours and season dates being set.
Vote: 8-0.
RESOLUTION NO. 170 Motion by Bingell, Second by Larison.
RE: ACCEPT/REJECT BIDS FOR HOT MIX ASPHALT CONCRETE AND ASPHALT SPECIFIED IN-
        PLACE PROJECTS - HIGHWAY
        WHEREAS, Resolution No. 20-06 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 09, 2006.
        NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accepts the following bids retroactive to May 1, 2006:
ALL BIDS ACCEPTED FOR HOT MIX ASPHALT & UNSPECIFIED PROJECTS
Hanson Aggregates BRD, Inc.                          Dalrymple Gravel & Contracting Co
P.O. Box 513                                         2105 S. Broadway
Jamesville, NY 13078                                 Pine City, N.Y.14871

Seneca Stone                                        A.L. Blades & Sons, Inc
P.O. Box 76                                         PO Box 590, 7610 County Route 65
Fayette, NY 13065                                   Hornell, NY 14843

Narde Paving                                    Chemung Contracting Corp
400 East 14th Street                            2105 South Broadway
Elmira Heights,NY 14903                         Pine City, NY 14871
                     ONE BID ACCEPTED FOR PROJECTS #1 & #2
                           A.L. Blades & Sons, Inc
                           PO Box 590, 7610 County Route 65
                           Hornell, NY 14843, and
       BE IT FURTHER RESOLVED, that the following bids be rejected for Projects #1 and #2:
Hanson Aggregates BRD, Inc.                     Chemung Contracting Corp.
P.O. Box 513                                    2105 South Broadway
Jamesville, NY 13078                            Pine City, NY 14871

Narde Paving                                         Babcock Enterprises LTD.
            th
400 East 14 Street                                   10121 Poags Hole Road
Elmira Heights,NY 14903                              Dansville, NY 14437, and
       BE IT FURTHER RESOLVED, that all bids be rejected for Project #3.
       Copies of these bids are available for inspection at the Highway Office.
Vote: 8-0.
RESOLUTION NO. 171 Motion by Bingell, Second by Larison.
RE: RESCIND RESOLUTION NO. 151-06 TITLED “ACKNOWLEDGE APPOINTMENT AND SET
       SALARY FOR DEPUTY COMMISSIONER POSITION – BOARD OF ELECTIONS”
       WHEREAS, Resolution No. 151-06 appointed Mary Suits as Deputy Commissioner of the Board of
Elections, and
       WHEREAS, Mary declined the job offer after the Resolution had passed.
       NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 151-06 is hereby rescinded.
Vote: 8-0.
RESOLUTION NO. 172 Motion by Larison, Second by Bingell.
64                                    SCHUYLER COUNTY LEGISLATURE
RE:     APPOINTMENT – ENVIRONMENTAL MANAGEMENT COUNCIL
        BE IT RESOLVED, that Janice Arcangeli-Neira be appointed to the Environmental Management
Council as the Village of Burdett representative for the term of January 1, 2006 through December 31, 2007.
Vote: 8-0.
RESOLUTION NO. 173 Motion by Larison, Second by Bingell.
RE: AUTHORIZE OUT OF STATE TRAVEL FOR TRAINING IN SOUTH CAROLINA – DISTRICT
        ATTORNEY‟S OFFICE
        WHEREAS, the District Attorney‟s Office has applied to have Holly Mosher, Assistant District
Attorney, participate in the Prosecutor‟s Bootcamp Course to be held at the National District Attorneys
Association in Columbia, South Carolina, and
        WHEREAS, the National District Attorneys Association covers all costs associated with travel and
lodging for this course, and
        WHEREAS, it would be very beneficial for Holly Mosher to attend the above program, and out of state
travel requires legislative approval.
        NOW, THEREFORE, BE IT RESOLVED, that Holly Mosher of the District Attorney‟s Office be
hereby authorized to travel out of state to attend the aforementioned training at no cost to the County.
Vote: 8-0.
RESOLUTION NO. 174 Motion by Larison, Second by Bingell.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COUNTY TREASURER
        POSITION – TREASURER‟S OFFICE
        BE IT RESOLVED, that this Legislature acknowledge the appointment by Margaret E. Starbuck,
County Treasurer, of Lisa Buckley as Deputy County Treasurer at an annual salary of $32,643, effective May 9,
2006, to fill the vacated four-year term ending December 31, 2007, said position is in Grade Level E of the
Management/Confidential Salary Plan.
Vote: 8-0.
RESOLUTION NO. 175 Motion by Larison, Second by Yuhasz.
RE: ACKNOWLEDGE THE SCHUYLER COUNTY VETERANS MEMORIAL PARK
        WHEREAS, there has never been a place in Schuyler County that honors all of the military serviceman
or woman heroes, past or present, and
        WHEREAS, the creation of the park was inspired when the American Legion of Odessa, New York who
visited other memorial sites in other counties, and
        WHEREAS, thanks to numerous monetary and in-kind donations, the Schuyler County Veterans
Memorial Park has been created and built at the American Legion Memorial Park in Odessa, New York, and
        WHEREAS, said park was created to honor all Schuyler County veterans and will serve as a place to
congregate, contemplate, reflect and pay tribute.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges
the Schuyler County Veterans Memorial Park, the work done by the Odessa American Legion, and
        BE IT FURTHER RESOLVED, that the Legislature also recognizes and commends all those who
contributed monetary or in-kind donations or services, and all of the veterans who helped make the Schuyler
County Veterans Memorial Park a reality.
Vote: 8-0.
RESOLUTION NO. 176 Motion by Larison, Second by Yuhasz.
RE: APPOINTMENT – SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY
        BE IT RESOLVED, that Richard Owlett be appointed to the Schuyler County Industrial Development
Agency (SCIDA) to fill the vacancy of John Prendergast for the term May 9, 2006 through December 31, 2007:
Vote: 8-0.
RESOLUTION NO. 177 Motion by Larison, Second by Yuhasz.
RE:     AUTHORIZE OUT OF STATE TRAVEL FOR INSPECTION OF MOBILE COMMAND TRAILER
        IN PENNSYLVANIA – EMERGENCY MANAGEMENT OFFICE
        WHEREAS, Schuyler County applied and has received an Expedited Deployment Funding grant
through the New York State 911 Board for the purpose of providing a back up 911 center, and
                                        PROCEEDINGS OF THE YEAR 2006                                            65
         WHEREAS, Resolution No. 390-05 authorized the acceptance of a bid and signing of a contract with
Mobile Concepts by Scott to purchase a Mobile Command/911 Trailer, and
         WHEREAS, the contract includes a pre-delivery inspection when the unit is 70% complete, and
         WHEREAS, the Mobile Concepts covers all costs associated with travel and lodging for this inspection,
and
         WHEREAS, it would be very beneficial for William Kennedy, Emergency Management Coordinator,
and Sheriff William Yessman to conduct this inspection, and out of state travel requires legislative approval.
         NOW, THEREFORE, BE IT RESOLVED, that William Kennedy, Emergency Management
Coordinator and Sheriff William Yessman are hereby authorized to travel out of state to conduct the
aforementioned inspection at no cost to the County.
Vote: 8-0.
RESOLUTION NO. 178 Motion by Larison, Second by Bingell.
RE: MOTION TO BRING THREE (3) RESOLUTIONS TO THE FLOOR
         BE IT RESOLVED, that three (3) Resolutions be brought to the floor.
Vote: 8-0.
RESOLUTION NO. 179 Motion by Larison, Second by Bingell.
RE: DESIGNATE THE GOVERNMENTAL OPERATIONS COMMITTEE AS THE COMMITTEE TO
         REVIEW FINANCIAL DISCLOSURE FORMS ON BEHALF OF THE COUNTY BOARD OF
         ETHICS
         WHEREAS, the New York State‟s Public Authorities Accountability Act requires any Industrial
Development Agency (IDA) or Local Development Corporation (LCD) board members, officers and employees
to file annual financial disclosure statements with the County Board of Ethics, and
         WHEREAS, the Schuyler County Legislature is considered the County Board of Ethics, and
         WHEREAS, the Chairman of the Legislature wishes to designate the Governmental Operations
Committee as the proper committee responsible for reviewing such financial disclosure forms and referring any
conflicts to the full Legislature as the County Board of Ethics.
         NOW, THEREFORE, BE IT RESOLVED, that the Governmental Operations Committee is hereby
designated as the committee to review any financial forms filed in the Legislative Office from any IDA or LCD
in Schuyler County, and
         BE IT FURTHER RESOLVED, that the Governmental Operations committee is to refer any conflicts to
the full Legislature, as the County Board of Ethics, for consideration or action.
DISCUSSION: Attorney Coleman spoke regarding the Board of Ethics. He stated that it was okay to pass this
Resolution, however do not be surprised if your local volunteers will be concerned with the size of the
documents they have to fill out. Chairman Gifford stated that the County Administer is checking into whether
the county is able to use a more concise form. He stated that the Schuyler Tobacco Asset Securitization
Committee (STASC), the Industrial Development Agency (IDA), and the Schuyler County Partnership for
Economic Development (SCOPED) have received the notice of the form. Legislator Bleiler asked for
clarification. If the resolution was passed, would it cover all the entities? Attorney Coleman replied, yes.
Legislator Larison asked how many people would be involved in completing the form. Is it around fifty
people? Chairman Gifford replied that it would be used with all the Boards. Chairman Gifford stated that the
forms ask a lot of questions. Legislator Slusser asked if he had been given a copy of the form. The Clerk of the
Legislature stated that it had been emailed to legislators. Legislator Slusser inquired if the headline should say
“Conflict of Interest”? Attorney Coleman replied that it should say, “Financial Disclosure”. Legislator Larison
asked what the time frame would be to get all these people to complete the form. Chairman Gifford replied that
the STASC is given the due date of June 15, 2006. Legislator Slusser said the IDA already wanted them.
Chairman Gifford stated to keep in mind that this is a work in process. Administrator O‟Hearn stated that they
were trying to go with the Binghamton University model, but was not sure how to get around the long form
disclosure. Attorney Coleman is currently reviewing it to see if this will be possible. Legislator Bleiler said he
thought that the Board of Education had to do this also. Attorney Coleman replied, yes. He said when you read
the form it addresses the financial aspect and conflict of interest. He again stated that it was okay doing the
Resolution, but to not be surprised if they go into a different direction at some point.
66                                    SCHUYLER COUNTY LEGISLATURE
Vote: 8-0.
RESOLUTION NO. 180 Motion by Larison, Second by Bingell.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL
        CHILDREN WITH DISABILITIES FROM JULY 1, 2006 – JUNE 30, 2007 – HEALTH SERVICES
        WHEREAS, Schuyler County must provide transportation to preschool children with disabilities.
        NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Health Services be hereby authorized
to advertise for bids for the transportation of preschool children with disabilities from July 1, 2006 through June
30, 2007, 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 St., Unit 6, Watkins Glen, NY 14891, no later than
9:15 AM, June 1, 2006. The bids will be opened that same day in the Legislative Office at 9:30 a.m. at which
time recommendations for legislative action will be made; acceptance or rejection of bids will be done at the
June 12, 2006 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to
accept or reject any and all bids.
Vote: 8-0.
RESOLUTION NO. 181 Motion by Larison, Second by Bingell.
RE: PROCLAIM THE MONTH OF MAY 2006 AS COMMUNITY ACTION MONTH
        WHEREAS, community action agencies were created when the Economic Opportunity Act of 1964 was
signed into law, and
        WHEREAS, community action agencies have more than a 40-year history of promoting self-sufficiency
for the limited income, and
        WHEREAS, community action agencies have made an essential contribution to individuals and families
in Schuyler County by providing them with innovative and cost-effective programs, and
        WHEREAS, community action agencies are needed as major participants in the reform of the welfare
system as we know it, and
        WHEREAS, welfare reform in Schuyler County has benefited from a partnership with its community
action agencies, and
        WHEREAS, the limited income citizens continue to need opportunities to improve their lives and their
living conditions, thus ensuring that all citizens are able to live in dignity, and
        WHEREAS, Schuyler County and the entire United States must continue to wage war on poverty by
providing support and opportunities for all citizens in need of assistance.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, does hereby proclaim
May 2006 as Community Action Month in Schuyler County in recognition of the hard work and dedication of
its designated community action agency.
Vote: 8-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
        Legislator Larison reported on the Forest Practice Board. He reported that he had been working on
getting the State Legislature to not place taxation on trees that are removed from private land, but found out that
it was not a good idea. He reported that he had reversed his stand because if you take the tax off, it affects a lot
of things. What if someone owns land and cuts down all the trees just to get a tax break?
        Legislator Bleiler reported on the Public Safety/Criminal Justice Committee. He reported that the
Statewide Wireless Network tower location is being looked at and they will have a planning meeting tomorrow.
        Legislator Slusser reported that there was an Agriculture & Farmland Future of Farming presentation of
Dairy farmers in April.
        Legislator Yuhasz reported on the Community Services Tobacco program.
        Legislator Fagan reported on the Transportation Sub Committee‟s request for proposal. They have been
mailed out and the committee is hoping to receive proposals back soon.
COUNTY ADMINISTRATOR’S REPORT:
                                     PROCEEDINGS OF THE YEAR 2006                                       67
          Administrator O‟Hearn reported that the Seneca Harbor Phase III bid opening is scheduled for this
Friday.
        The National County Government Week was well received and a success for having such a short period
of time to prepare. On April 26th there was an Open House with displays from various departments and
agencies. He wanted to commend the County Staff for the participation. The School Districts sent some
students for shadowing, but short notice and Spring Break made it difficult for participation.
        He also reported that on Saturday, sixteen volunteers met at the new Schuyler County Veteran‟s
Memorial Park in Odessa to prepare for the dedication. He said he was proud to be associated with this group
who did a lot of hard work raking and doing other landscaping.
        On April 26th, the Council of Governments met and was well attended with all municipalities. There
was unanimous support for a County wide reevaluation/assessment subcommittee. On June 7th there will be
another meeting to outline specific strategies to address. It was the consensus with the group that this will help
with fairness in the county with taxes and assessments.
        Lastly, he reported that he put out an invitation to all County Staff to see if there would be interest in
participating for the first time in the Watkins Glen Waterfront Festival for the Cardboard Boat race to be held
on Saturday, June 17th. He suggested to the County Staff, the building of the SS Schuyler boat. He invited the
Legislators to participate also. He hoped to be able to enter and to win and has challenged the neighboring
Counties with a Chairman‟s Cup race. The staff will be having there first planning meeting next Tuesday in the
Legislative Chambers.
PUBLIC PARTICIPATION:
        Gordon Swarthout stood and inquired where Seneca Harbor Park was located. He asked if it was
located in the Village and was it considered a Village or County Facility. He then went on to ask why the
County taxpayers were paying for a facility that was located in the Village of Watkins Glen. He stated that the
Village should be paying for this instead of the County taxpayers.
        MOTION to go to executive session to discuss possibly property acquisition by Legislator Larison,
SECOND by Legislator Bingell. Motion carried eight ayes to zero noes.
        MOTION to come out of executive session by Legislator Larison, SECOND by Legislator Bingell.
Motion carried eight ayes to zero noes.
        The Meeting adjourned at 7:45 P.M.
                Stacy B. Husted, Clerk
                Sharlene A. Parker, Deputy Clerk

                                             SPECIAL MEETING
                                                MAY 22, 2006

        The May 22, 2006 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 Larison and followed by a Moment of
Silence. All Legislators were present except Legislator Bleiler who was absent. County Attorney Coleman was
excused and County Administrator O‟Hearn was present.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 182 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       ACCEPT/REJECT BIDS FOR SENECA HARBOR PARK PHASE III CONSTRUCTION –
               BUILDINGS AND GROUNDS
       2.      ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COMMISSIONER
               POSITION – BOARD OF ELECTIONS
Vote: 7-0.
RESOLUTION NO. 183 Motion by Larison, Second by Bingell.
68                                    SCHUYLER COUNTY LEGISLATURE
RE:     ACCEPT/REJECT BIDS FOR SENECA HARBOR PARK PHASE III CONSTRUCTION –
        BUILDINGS AND GROUNDS
        WHEREAS, Resolution No. 150-06 authorized a contract with Hunt Engineers to provide construction
documents, bid administration and construction administration as well as authorization to re-bid the Seneca
Harbor Park Phase III project.
        NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts Hunt
Engineers recommendation of the low bidder, Edger Enterprises, 330 E. 14th Street Elmira Heights, NY 14903,
for the Seneca Harbor Park Phase III construction work at the low bid of $455,000 to include Alternate one (1)
totaling $80,000 for a total contract price of $535,000, work to be completed by October 1, 2007, and
        BE IT FURTHER RESOLVED, that the following bid be rejected:
                                       Fahs Construction Group
                                       2224 Pierce Creek Road
                                       Binghamton, NY 13903, and
        BE IT FURTHER RESOLVED, that the remaining Phase II Grant Funds of $43,081.44 have been
approved by New York State Parks, Recreation and Historical Preservation for use on Phase III, and
        BE IT FURTHER RESOLVED, that the remaining cost are to be paid from the capital reserve account
no. 004-1620-209, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a
contract with Edger Enterprises at a cost of $535,000, subject to approval of the Schuyler County Attorney, the
Office of Parks, Recreation and Historical Preservation, and review of the County Administrator.
Vote: 7-0.
RESOLUTION NO. 184 Motion by Larison, Second by Bingell.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COMMISSIONER
        POSITION – BOARD OF ELECTIONS
        WHEREAS, Bonnie G. Herzig, Republican Deputy Commissioner in the Board of Elections, has
tendered her resignation effective March 16th 2006, and
        WHEREAS, Joseph Fazzary, Republican Commissioner in the Board of Elections, has appointed
Carolynn M. Landon to replace Bonnie G. Herzig with the endorsement of the Republican Party; subject to a
required training probationary period of the Board of Elections.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledge the appointment
by Joseph Fazzary, Commissioner, Board of Elections of Carolynn M. Landon as Deputy Commissioner, Board
of Elections effective May 29th, 2006 through December 31st, 2006 at an annual salary of $25,500, prorated to
35 hours per week.
Vote: 7-0.
PUBLIC PARTICIPATION: None.
        MOTION by Legislator Fagan to go into executive session to discuss possible property acquisition,
SECOND by Legislator Bingell. Motion carried seven ayes to zero noes.
        MOTION by Legislator Larison to come out of executive session, SECOND by Legislator Yuhasz.
Motion carried seven ayes to zero noes.
        The Meeting adjourned at 9:48 a.m.
                Stacy B. Husted, Clerk
                                              REGULAR MEETING
                                                  JUNE 12, 2006

       The June 12, 2006 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 Bingell and followed by a Moment of
Silence. All Legislators were present. County Attorney Coleman and County Administrator O‟Hearn were also
present.
PUBLIC PARTICIPATION:
       Terry Stewart stood and stated that he had a rented Marina Slip at Seneca Harbor Park for his sail boat.
He explained that he provides sailing charters to people which are on his boat for more than three hours, which
                                      PROCEEDINGS OF THE YEAR 2006                                             69
would be a problem for this proposed resolution that is being voted on tonight. He also stated that he was the
Commodore of the Finger Lakes Yaht Club and wanted to remind the Legislature that the boat owners in the
Marina are also boating, eating and visiting other area businesses in the County. They pay a boat slip rental fee
and he feels a parking space in the parking lot should be in order too. Another boat owner in the Marina stood
and stated his name, John Norquist who is an owner of a Business in Hector and has been in the marina for a
very long time. He also agreed with Mr. Stewart‟s concerns.
RESOLUTION NO. 185 Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE MAY 8, 2006 REGULAR MEETING AND THE MAY 22, 2006
         SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
         BE IT RESOLVED, that minutes of the May 8, 2006 Regular Meeting and the May 22, 2006 Special
Meeting of the Schuyler County Legislature be approved.
Vote: 7-0.
RESOLUTION NO. 186 Motion by Bingell, Second by Bleiler.
RE: AMEND THE 2006 BUDGET FOR INDIGENT LEGAL SERVICES FUNDS – PUBLIC DEFENDER
         WHEREAS, the Schuyler County Public Defender‟s Office is in receipt of funding in the amount of
$55,298.09 from the New York State Indigent Legal Services Fund, and
         WHEREAS, the funding is to be used to improve the quality of services provided pursuant to article
eighteen-B of the county law to “supplement and not supplant” any local funds which Schuyler County would
otherwise have had to expend for the provision of counsel and expert, investigative and other services pursuant
to article eighteen-B of the county law; and
         WHEREAS, said funds need to be placed in the appropriate line items in the budget.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
amend the 2006 Public Defender‟s budget as follows:
            AMOUNT             ACCOUNT NO.                   DESCRIPTION
            +$30,000.00        1170.400                      Conflict Defender
            +$ 8,432.00        1170.435                      Professional Fees & Services
            +$ 8,432.00        1170.563                      Assigned Counsel/Family Court
            +$ 8,434.09        1170.605                      Assigned Counsel/Criminal Court
TOTAL +$55,298.09               1170.3389                    Other - Indigent Legal Services Fund
 Vote: 7-0.
RESOLUTION NO. 187 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE AN AGREEMENT WITH THE VILLAGE OF MONTOUR FALLS FOR PATROL
         SERVICES – SHERIFF‟S DEPARTMENT
         WHEREAS, the Village of Montour Falls wishes to contract with the Schuyler County Sheriff‟s
Department for police patrol services, and
         WHEREAS, they are willing to pay the amount of $25 an hour for a period of November 1, 2006
through June 30, 2007 for said services.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign an agreement with the Village of Montour Falls for patrol services at a cost of $25 per hour, not to exceed
$2,500 for a period of November 1, 2006 through June 30, 2007, contract subject to approval by the Schuyler
County Attorney.
Vote: 7-0.
RESOLUTION NO. 188 Motion by Bingell, Second by Bleiler.
RE: APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD
         BE IT RESOLVED, that Beverly Clickner be appointed to the Schuyler County Youth Board for a term
of January 1, 2006 through December 31, 2008.
Vote: 7-0.
RESOLUTION NO. 189 Motion by Larison, Second by Bingell.
RE: AUTHORIZE TRIANGLE GRANT APPLICATION FOR THE FAMILY PLAY AND RESOURCE
         CENTER – YOUTH BUREAU
70                                   SCHUYLER COUNTY LEGISLATURE
        WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center
program, and
        WHEREAS, funding is needed in order to contract for program development and oversight, and
        WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and
        WHEREAS, the Triangle Grant offers funding from between $5,000 and $15,000 and there is no local
match.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign the aforementioned grant application for funding for the Family Play & Resource Center and any
subsequent contracts, subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 190 Motion by Larison, Second by Bingell.
RE: AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261
        OF THE NEW YORK STATE TAX LAW
        WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax
receipts for the period October 1, 2005 through March 31, 2006, 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: 7-0.
RESOLUTION NO. 191 Motion by Larison, Second by Bingell.
RE: ADOPT SCHUYLER COUNTY ADMINISTRATIVE MANUAL – HUMAN RESOURCES
        WHEREAS, the Human Resources Department has developed an Administrative Manual which
contains managerial rules and procedures as set forth by the Legislature, and
        WHEREAS, said Manual has been reviewed by the County Administrator and Department
Administrators, and approved by the Schuyler County Attorney.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the
Schuyler County Administrative Manual dated June 12, 2006.
Vote: 7-0.
RESOLUTION NO. 192 Motion by Larison, Second by Bingell.
RE: ADOPT REVISED SCHUYLER COUNTY POLICIES AND PROCEDURES MANUAL – HUMAN
        RESOURCES
        WHEREAS, the Human Resources Department has revised the County‟s Policies and Procedures
Manual dated December 29, 1993, and
        WHEREAS, said Manual has been reviewed and approved by the County Attorney‟s Office, County
Administrator‟s Office and County‟s Labor Counsel.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the
revised Schuyler County Policies and Procedures Manual dated June 12, 2006, and
        BE IT FURTHER RESOLVED, that said Manual supersedes all previous Policy and Procedure
manuals, resolutions, directives and memos, and
        BE IT FURTHER RESOLVED, that the Human Resources Department be directed to issue the revised
Manual to every County employee.
Vote: 7-0.
RESOLUTION NO. 193 Motion by Larison, Second by Bingell.
RE: RULES OF PROCEDURE MODIFICATION
        WHEREAS, notice of modification of the County Legislature‟s Rules of Procedure was given in
accordance with Rule 29.
        NOW, THEREFORE, BE IT RESOLVED, that the County Legislature‟s Rules of Procedure be
modified as follows:
RULE 22         COMMITTEES IN GENERAL:
Paragraph 11
                                       PROCEEDINGS OF THE YEAR 2006                                              71
        Any vacancy on a Standing or Special Committee of the Legislature shall be filled by the Chairman of
the Legislature without delay. In case of temporary vacancies due to medical reasons, etc. where a Legislator is
unable to participate in Committee meetings for a period of two months or more, the Chairman or Acting
Chairman of the Legislature may appoint a substitute member to sit on said Committee with full voting
powers. Said substitute shall be a legislator that is not already on the committee and shall be the next
vice-chairman successors under the Continuity of Local Government.
Vote: 7-0.
        WHEREAS, the bills for these repairs should be paid from the Community Services Board account.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer $14,231.50 from the Community Services Board Reserve Account to account no. 4310.426-Maintenance
of Equipment, for repairs at the Mill Creek building.
Vote: 7-0.
RESOLUTION NO. 195 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE CONTRACT RENEWAL WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT
        FOR COORDINATOR OF SCHOOL SUPPORT SERVICES FOR 2006-2007 – COMMUNITY
        SERVICES
        WHEREAS, the Community Services Department currently contracts with the Watkins Glen Central
School District for a coordinator of school support services and such contract will expire on June 30, 2006, and
        WHEREAS, continuation of these services would be beneficial to the delivery of mental health services to
the students of Schuyler County schools, and
        WHEREAS, State Aid is available to fund this contract at no local share cost.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract renewal with the Watkins Glen Central School District for the provision of a Coordinator of
School Support Services, for the period July 1, 2006 through June 30, 2007, in an amount not to exceed $70,000
for the term of the contract, funding being available in the Community Services budget account no. 4310.435-
Professional Fees and Services, with no local share cost, subject to the approval by the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 196 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE CONTRACT RENEWAL WITH RICHARD KWITEK FOR OUTCOME
        EVALUATION OF HOMMED MONITORING SYSTEM – PUBLIC HEALTH
        WHEREAS, the Public Health Department‟s contract with Richard Kwitek for outcome assessment of
its home telemonitoring of home care nursing services expired on December 31, 2005, and
        WHEREAS, continuation of these services would be beneficial to the delivery of public 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 Richard Kwitek to provide outcome assessment and evaluation of the home
telemonitoring system, for the period January 1, 2006 through December 31, 2006, total annual amount not to
exceed $2,000, such amount provided for in the Public Health budget account no. 4010.435-Professional Fees
and Services; subject to approval by the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 197 Motion by Bingell, Second by Yuhasz.
RE: ADOPT OPERATIONS AND PROCEDURES MANUAL - HIGHWAY DEPARTMENT
        WHEREAS, the Highway Superintendent and the Public Works Committee agree that there needs to be
guidelines established regarding operations and procedures pertaining to the function of the Highway
Department, and
        WHEREAS, a complete operations and procedures manual was initiated by the Highway Department
with clarifications that have been approved by Labor Counsel, the Human Resources Director, and the County
Administrator.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the
Operations and Procedures Manual established on June 12, 2006.
Vote: 7-0.
72   SCHUYLER COUNTY LEGISLATURE
                                     PROCEEDINGS OF THE YEAR 2006                                            73

RESOLUTION NO. 194 Motion by Larison, Second by Bingell.
RE: AUTHORIZE TRANSFER OF FUNDS FOR BUILDING REPAIRS - COMMUNITY SERVICES
         BOARD
         WHEREAS, Resolution No. 482-98 established a Community Services Board reserve account to cover
expenses related to major projects and repairs at the Mill Creek Center building, and
         WHEREAS, major repairs have recently taken place at the Mill Creek Center building involving the
updating of the Heating/Venting/Air Condition (HVAC) system, and
RESOLUTION NO. 198 Motion by Bingell, Second by Larison.
RE: AMEND THE 2006 COUNTY ROAD FUND BUDGET – HIGHWAY DEPARTMENT
         WHEREAS, the amount of the Consolidated Highway Improvement Program (CHIPs) funds for 2006
were increased by the passing of the State Budget.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
amend the 2006 County Road Fund for the expense and revenue as follows:
AMOUNT                  ACCOUNT NO.                     DESCRIPTION
+$46,635.70             5112.525                        Permanent Improvements
+$46,635.70             0002.3501                       Consolidated Highway Aid
Vote: 7-0.
RESOLUTION NO. 199 Motion by Bingell, Second by Larison.
RE: AUTHORIZE THE CHAIRMAN OF THE LEGISLATURE TO SIGN DOCUMENTS FOR
         PROPERTY ACQUISITION RELATIVE TO THE CR 05 BRIDGE REPLACEMENT PROJECT –
         HIGHWAY DEPARTMENT
         WHEREAS, the Engineers design for rehabilitation of the CR 05 bridge replacement project are outside
the right-of-way which will require some additional documentation and expenditures to allow for installing the
new abutments for slip-lining and riprap, and
         WHEREAS, the new design would require a permanent easement to accommodate any possible flooding
that may occur due to the slip-lining of the existing bridge, and
         WHEREAS, there needs to be real property appraisal reports, acquisition fees and signatures required
for this stage of the project, funds available in the 2006 budget account no. 5020.400.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any pertinent documents that are relevant to the negotiations, appraisals, and fees, subject to approval of
the Schuyler County Attorney, and
         BE IT FURTHER RESOLVED, that Schuyler County agrees to pay all costs associated with this stage
of the project according to the Federal-Aid Project guidelines.
Vote: 7-0.
RESOLUTION NO. 200 Motion by Bingell, Second by Larison.
RE: AUTHORIZE INTERMUNICIPAL AGREEMENT FOR CHARGEBACK OF ELECTION
         EXPENSES WITH ALL EIGHT TOWNS PURSUANT TO ARTICLE 5-G OF THE GENERAL
         MUNICIPAL LAW AND THE HELP AMERICA VOTE ACT (HAVA 2002) – AS AMENDED BY
         RES. NO 317-06
         WHEREAS, the above-mentioned federal law requires that certain election functions be consolidated at
the county level and allows counties to apportion election expenses to the towns, and
         WHEREAS, the County of Schuyler shall in the first instance bear the cost of certain items to be
charged back proportionately to the towns, and
         WHEREAS, HAVA also confirms certain responsibilities in County Boards of Election and allows
apportionment of certain new costs to the towns.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, per Resolution No.
351-05 agrees to pay election inspectors, poll clerks and election coordinators who shall continue to be
appointed by the County Board of Elections and chargeback the cost to the towns, and
         BE IT FURTHER RESOLVED, that the County and Towns shall share all new costs associated with
HAVA 75% to the County, 25% to the towns, and
74                                   SCHUYLER COUNTY LEGISLATURE
        “BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an
ongoing intermunicipal agreement with all eight towns effective immediately.”
Vote: 7-0.
RESOLUTION NO. 201 Motion by Bingell, Second by Bleiler.
RE: RESOLUTION IN OPPOSITION TO SENATE BILL S2164 AND ASSEMBLY BILL A4253 - AN
        ACT TO AMEND THE AGRICULTURE AND MARKETS LAW, THE STATE FINANCE LAW
        AND THE GENERAL BUSINESS LAW, IN RELATION TO REGULATING BOARDING
        KENNELS AND GROOMING ESTABLISHMENTS
        WHEREAS, Senate Bill S2164 and Assembly Bill A4253 is an act to amend the Agriculture and
Markets Law, the State Finance Law and the General Business Law in relation to regulating boarding kennels
and grooming establishments to require proof of vaccination from pet owners before such animal is placed in
the establishment, and
        WHEREAS, if proof is not provided then said animals will be required to be re-vaccinated, unfairly
jeopardizing the health and welfare of animals as well as force the veterinary profession to practice unsafe and
unsound medicine, and
        WHEREAS, letters have been sent to numerous Senators and Assemblyman opposing Senate Bill S2164
and Assembly Bill A4253 urging them to vote no on these bills from Veterinarians, Professors of Veterinary
Medicine, and other interested parties, and
        WHEREAS, a local Veterinarian, Dr. Kirk Peters, DVM, has also written a letter urging this Legislature
to encourage our representatives to vote no on the above mentioned bills.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby opposes Senate Bill S2164 and
Assembly Bill A4253 and encourages its Senate and Assembly representatives to disapprove of said bills, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution and copies of the above
mentioned letters are to be sent to Senator George H. Winner, Jr. and Assemblyman Thomas F. O‟Mara.
Vote: 7-0.
RESOLUTION NO. 202 Motion by Bingell, Second by Bleiler.
RE: RECOGNIZE THE TOP DRAWER 24 RECIPIENTS
        WHEREAS, the Odessa File, a local internet media publisher has created and defined the “Top Drawer
24” award and subtitled it “The Brian J. O‟Donnell Schuyler County Scholar-Athletic-Citizen Team”, and
        WHEREAS, the selected recipients are students from the Odessa-Montour and Watkins Glen Central
Schools, and
        WHEREAS, these students reflect the behavior, attitudes and achievements necessary to provide
positive role models for their peers and younger students and to act as Schuyler County youth ambassadors in
surrounding school districts and communities, and
        WHEREAS, the same characteristics of hard word, determination, teamwork and sportsmanship
exhibited by these students are the foundation for good citizenship.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature recognizes the “Top Draw 24”
recipients as exemplary youth citizens and encourages Schuyler County agencies and programs to recognize and
promote the development and continuation of such citizenship activities in Schuyler County.
Vote: 7-0.
RESOLUTION NO. 203 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100% OF
        THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM ELIGIBLE COSTS, OF A
        TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREOF –
        HIGHWAY DEPARTMENT
        WHEREAS, a Project for the replacement of BIN 3332390, Stillwell Road over Taughannock Creek,
Town of Hector, Schuyler County, PIN 6753.77 (“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
                                      PROCEEDINGS OF THE YEAR 2006                                             75
        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 3332390, Stillwell Road over Taughannock
Creek, Town of Hector, Schuyler County, PIN 6753.77.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, duly convened does
hereby approve the above-subject project, and authorizes payment 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 approximately $125,000.00 and will be appropriated in
upcoming budgets, account number 5020.400 and made available to cover the cost of participation in the above
phase of the Project, and
        BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the
project exceeds the amount appropriated above, the County of Schuyler shall convene as soon as possible to
appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and
        BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County 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 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,
subject to approval of the Schuyler County Attorney, and
        BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and
        BE IT FURTHER RESOLVED, this Resolution shall take effect immediately.
Vote: 7-0.
RESOLUTION NO. 204 Motion by Bingell, Second by Slusser.
RE: AUTHORIZE CONTRACT RENEWAL WITH WEILER MAPPING INC. FOR TAX MAP
        SERVICES – REAL PROPERTY TAX AGENCY
        WHEREAS, the county contracts with Weiler Mapping, Inc. for the maintenance of tax maps, and
        WHEREAS, the contract is up for renewal with additional provisions including certain data upgrades
and the hosting of the county‟s Internet Map Server (IMS), and
        WHEREAS, the contract also includes a provision for integration of various layers of data into the IMS
and rectification of discrepancies between the tax parcel layer and the NYS digital orthophotography, to be
billed at $65.00 per hour for the GIS Analyst and $40.00 per hour for the GIS Technician, with the total cost of
the hourly services not to exceed an additional amount of $11,000.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Weiler Mapping, Inc. for the Real Property Tax Office encompassing the above work
for the term of January 1, 2006 through December 31, 2006, in the amount of $14,220 for the maintenance and
a not to exceed amount of $11,000 for the hourly services, funding available in the 2006 budget account no.
1355.577-Tax Maps; subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 205 Motion by Bingell, Second by Slusser.
RE: ACCEPT OFFER FOR SURPLUS/ABANDONED COUNTY HIGHWAY RIGHT-OF-WAY
        WHEREAS, the Schuyler County Legislature hereby declares that portion of State Route (SR) 224
surplus and no longer required for public use in accordance with County Law §215 by a 2/3 vote, and
        WHEREAS, the New York State Department of Transportation (NYSDOT) has abandoned maintenance
jurisdiction to that portion of SR 224 southerly adjacent to the premises of Carl Michael Scullin and Laurie E.
Scullin situate in the Town of Catharine, County of Schuyler, State of New York, and
        WHEREAS, said Scullins have offered the sum of $400.00 therefore, subject land being of nominal
value, and
        WHEREAS, pursuant to §118a of the Highway Law, subject land may be conveyed to an adjoiner
without public bidding.
76                                     SCHUYLER COUNTY LEGISLATURE
        NOW, THEREFORE, BE IT RESOLVED, that upon receipt of the consideration stated, the Schuyler
County Attorney‟s Office shall prepare all documents required to convey said premises by Quitclaim Deed in
such manner as the County Attorney shall determine in his discretion and that the Chairman of the Schuyler
County Legislature is hereby authorized to execute and forward to the buyer the requisite conveyancing
documents, the filing thereof and all expenses incident thereto to be the responsibility of the buyers, and
        BE IT FURTHER RESOLVED, that no Abstract of Title or title representations of any land whatsoever
shall be made, the buyers to take strictly “as is.”
Vote: 7-0.
RESOLUTION NO. 206A Motion by Bleiler, Second by Slusser.
RE: MOTION TO AMEND RESOLUTION NO.206
        BE IT RESOLVED, that Resolution No. 206 be amended to add an additional BE IT FURTHER
RESOLVED clause as follows; “BE IT FURTHER RESOLVED, that said regulations applies to park operating
hours only”.
Vote: 7-0.
RESOLUTION NO. 206 Motion by Bingell, Second by Slusser.
RE: SET PARKING REGULATIONS FOR SENECA HARBOR PARK – AS AMENDED
        WHEREAS, to eliminate concerns and frustration due to construction at the Seneca Harbor Park and
surrounding areas, the Legislature wishes to enforce parking regulations at Seneca Harbor Park.
        NOW, THEREFORE, BE IT RESOLVED, that parking shall be limited to three (3) hours within the
parking area of Seneca Harbor Park lying west of the northerly-extended westerly boundary of Decatur Street
and as indicated by signage, and
        BE IT FURTHER RESOLVED, that said parking regulations shall be enforced by the Village of
Watkins Glen Police Department according to the Village of Watkins Glen schedule of overtime parking
violation fines, the proceeds of which shall be retained by the Village of Watkins Glen, and
        BE IT FURTHER RESOLVED, that said regulations applies to park operating hours only.
DISCUSSION: Legislator Bingell asked if this resolution is going to be excluding the tour busses too.
Attorney Coleman answered yes, as the law states it that way. Legislator Bingell asked how much parking is
available on the west side of the parking lot. Administrator O‟Hearn said that there will be an additional 140
parking spaces once the lot is paved. Legislator Bingell asked if this will effect anyone parking and walking on
the Catherine Valley Trail? O‟Hearn said that it would not. Legislator Bingell stated that boat owners come
into the parking lot, unload their vehicles and park for the duration. O‟Hearn said that he met with Mr.
Schamel who operates the Marina and said that with the three hour limit, there would be at least a 1/2 hour time
limit turnover. Out of the fifty slots, there may be one designated with time limit for boaters to load and unload.
Legislator Bingell inquired if people parking in the handicap parking would be allowed to park longer than
three hours. O‟Hearn answered yes, they could stay longer. Legislator Slusser said this is a way to try to
accommodate people because of the construction that will be occurring. Legislator Bingell said that she felt
boaters have paid good money and should be able to get money back if needed because of this parking limit.
O‟Hearn indicated that they would be utilizing half of the parking lot at a time. He said the plan has a
September completion date. He acknowledges that it is not good timing with the hotel building construction
project. He also reminded everyone that it is a County owned, public parking lot and that they needed to ensure
access to it by the public. Legislator Bleiler asked how the parking on east side would be affected. O‟Hearn
said that the plan would be to move to the other side when paving was occurring on that side. Legislator Fagan
stated that the resolution could be modified in the future. Attorney Coleman agreed and that it could be done by
resolution. Legislator Bleiler said Mr. Schamel should take time to talk to his boaters. O‟Hearn said Mr.
Schamel will notify them by mail after the resolution and that he was fully involved in the process. Legislator
Fagan asked if they could get input from audience.
        Terry Steward spoke again and stated a concern about the lack of lighting near the railroad tracks for
parking on that side of the parking lot. Chairman Gifford replied that the plans are to pave and then light that
area with the next phase of the Seneca Harbor construction project. John Norquist asked for clarification on
whether there would be a three hour time limit during the day and night too. Listing times would be helpful.
Legislator Bleiler stated that hours were just set recently for the park and asked Attorney Coleman if they would
                                        PROCEEDINGS OF THE YEAR 2006                                           77
apply during the time the park was closed. Legislator Bleiler offered an amendment to the resolution that it
applies only during operating hours of the park.
         Another boater in the Marina stood and stated that he was concerned with parking his vehicle by the
railroad tracks at night because it is very dark and he is concerned about vandalism.
         Other concerns at the park were discussed. Terry Stewart made mention of the restriction of working on
boats with the paving of the parking lot project. He had heard that there will be some restrictions coming up.
He asked if anyone could expand on this and will there be something in writing explaining it further being given
to the boaters. Administrator O‟Hearn said that this applies to the storm water run off and Mr. Schamel will
have to notify everyone of the particulars. Seneca Harbor Park is having upgrades, which is a $600,000 project.
It will consist of paving the eastern section and will include streetlights. Work on that project is expected to
occur through most of the summer. He said with only half of the project under way at a time, permitting
extended parking at all times. With this project there will be measures taken for the protection of the
environment. He said that work traditionally done on boats in that eastern section, including the painting of
hulls which will be governed by state rules that "will protect the pavement and the environment." That means
tarps will have to be used for preventing the runoff of various chemicals into storm sewers or boaters will have
to do their work in a different, unpaved area. Terry Stewart inquired if there would be a list of specific
chemicals to be written or directions. Administrator O‟Hearn said information would be provided.
         John Norquist stated that he did not see the point of the resolution. People always find a place to park
when there are festivals and events at the lake front. He indicated that he feels this whole thing is really
irrelevant. He had been here years and years and there always is a place to park somewhere.
         Legislator Slusser rephrased back to the audience what he thought he was hearing from the boaters was
that they deserve a place to park and everyone else should fend for themselves. Legislator Fagan said he would
like to see how it goes with people being able to find parking over on Decatur Street and then it could always be
amended by a resolution if needed. Chairman Gifford reminded that the bottom line was that this is a County
parking lot and everyone in the County deserves a place to park.
Vote: 7-0.
RESOLUTION NO. 207 Motion by Larison, Second by Bingell.
RE: RECOGNIZE THE WATKINS GLEN STATE PARK‟S 100TH ANNIVERSARY CELEBRATION
         WHEREAS, Schuyler County enjoys a reputation as a first class destination due to its many natural and
physical resources, and
         WHEREAS, this has contributed to a dramatic increase in annual visits by tourists from all over the
world,
         WHEREAS, one of the premiere attractions in bringing visitors to our County is the Watkins Glen State
Park, whose scenic beauty is regarded as a marvel of nature, and
         WHEREAS, visitors to the Park continue to be impressed with the scope of the park and the meticulous
maintenance of the entire site, resulting in the establishment of a positive first impression of our community
while at the same time serving as the “Gateway to the Finger Lakes”, and
         WHEREAS, this is evidenced by the park being designated in 2005 as one of Reserve America's Top
Outdoor Locations and one of the Top 100 Campgrounds in the nation, and
         WHEREAS, the Watkins Glen State Park is celebrating their 100th Anniversary this year,
commemorating this occasion with a ceremony on Sunday, June 18, 2006, and
         WHEREAS, the Legislature deems this park to be an asset to Schuyler County located in the heart of the
Finger Lakes region attracting tourists and families thereby reinforcing the positive aspects of Schuyler County
as a great place to visit and an even greater place to live.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes the
Watkins Glen State Park‟s 100th Anniversary and extends its sincere appreciation to the officials and staff of
this agency while looking forward to the next century of continuing and expanding this relationship.
Vote: 7-0.
RESOLUTION NO. 208 Motion by Larison, Second by Bingell.
RE: AUTHORIZE THE CONTINUATION OF 35 HOURS A WEEK FOR THE YOUTH PROGRAM
         COORDINATOR‟S POSITION -YOUTH BUREAU
78                                    SCHUYLER COUNTY LEGISLATURE
        WHEREAS, the Youth Program Coordinator in the Youth Bureau has been working 35 hours per week
providing preventive services through a contract with the Department of Social Services, and
        WHEREAS, as long as the Youth Bureau continues to contract with the Department of Social Services
there remains a tremendous need for a permanent increase in these hours on an annual basis from July 1st to
June 30th of each year, and
        WHEREAS, the Department of Social Services TANF funds through the contract pay the salary and
increase in benefits.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the permanent increase in
hours to 35 hours a week, effective July 1, 2006 for the Youth Program Coordinator‟s position, and
        BE IT FURTHER RESOLVED, that said permanent increase in hours is contingent upon the contract
with the Department of Social Services and grant funding.
Vote: 7-0.
RESOLUTION NO. 209 Motion by Larison, Second by Bleiler.
RE: MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR
        BE IT RESOLVED, that one (1) Resolution be brought to the floor.
Vote: 7-0.
RESOLUTION NO. 210 Motion by Fagan, Second by Bingell.
RE: APPOINTMENT – SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT
        BOARD
        BE IT RESOLVED, that Jim Curatolo be appointed to the Southern Tier Central Regional Planning &
Development Board as the Environmental Representative with a term of Jun 13, 2006 through December 31,
2007.
Vote: 7-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
        Legislator Larison reported on the upcoming water concerns meeting to be held at the Rural Urban
Center which would be discussing the bottling of spring water.
        Legislator Bleiler wanted to again give thanks to the “Odessa File” for designating the Students of the
“Top Drawer 24” (Resolution No. 202) and also gave thanks to the other media for being involved.
        Legislator Bingell reported on the Public Works Committee. She gave an update on the County
Highway projects stating that the County Route 27 and the County Route 30 (Salt Point Road) Paving project
has been completed. The County Highway crews are currently reconstructing County Route 23 in the Town of
Tyrone; from Steuben County Line east to between the Lakes with a tentative paving date of July 11th. Another
reconstructing project which will include County Route 25 with a tentative paving date is June 26th . The
reconstructing of County Route 11 in Alpine will also occur, with a tentative paving date of August 8th . In late
July, Highway crews will start reconstruction work on County Route 21. She also reported that the Highway
currently has three roadside mowers in operation daily.
        Legislator Yuhasz also gave thanks to Charlie Hefner of the Odessa File for the “Top Drawer 24”
(Resolution No. 202).
        Legislator Slusser reported on the Management & Finance Committee. He reported that they have
started the negotiations for the contract for the Administrative Unit.
        Legislator Fagan reported on the Transportation sub committee. They had two responses for the County
Wide Transportation Needs Assessment. The applicants were from the San Franciso and the Philadelphia area.
They had requested $50,000 in funding from the Department of Transportation (DOT), but they have not heard
yet of the status. He also reported that Administrator O‟Hearn had a conversation with DOT and was assured
that we will get the funding. There were pros and cons about each that have applied. There will be another
meeting on July 26th.
COUNTY ADMINISTRATOR’S REPORT:
        County Administrator O‟Hearn gave a reminder about the upcoming cardboard boat race. He reported
that this will be the first time for the County to participate. The County was trying to get other surrounding
                                       PROCEEDINGS OF THE YEAR 2006                                         79
counties to participate also, but had no other takers. The County has a Chairman‟s Cup which is on display in a
local establishment. The boat has been built and is ready to race.
        The Council of Governments met last Wednesday for an informative meeting on a County Wide Real
Property Assessment. The County Wide Assessment revalue is moving onwards for a 2007 date to start.
Municipalities will review the topic with their boards and will be meeting again in August to find out which
municipalities will participate.
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 7:08 P.M.
               Stacy B. Husted, Clerk
               Sharlene A. Parker, Deputy Clerk

                                           REGULAR MEETING
                                              JULY 10, 2006

        The July 10, 2006 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 Yuhasz and followed by a Moment of
Silence. All Legislators were present. County Attorney Coleman and County Administrator O‟Hearn were also
present.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 211 Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE JUNE 12, 2006 REGULAR MEETING OF THE SCHUYLER
        COUNTY LEGISLATURE
        BE IT RESOLVED, that minutes of the June 12, 2006 Regular Meeting of the Schuyler County
Legislature be approved.
Vote: 8-0.
RESOLUTION NO. 212 Motion by Bleiler, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE
        SERVICES TO ACCEPT THE OPERATION IMPACT GRANTS FUNDS FOR 2006-2007 –
        DISTRICT ATTORNEY‟S OFFICE
        WHEREAS, the New York State Division of Criminal Justice Services has grant funding available
through an Operation Impact Grant for the purpose of assisting the Schuyler County District Attorney‟s Office
in reducing target crimes in the County, and
        WHEREAS, this Grant is estimated to be in the amount of $60,000 with no County match.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and Schuyler County
District Attorney be hereby authorized to accept funds and sign any necessary documents for the funds,
estimated to be $60,000, said documents subject to approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 213 Motion by Bleiler, Second by Bingell.
RE: AUTHORIZE APPLICATION AND CONTRACT FOR 2006-2007 NEW YORK STATE AID TO
        PROSECUTION GRANT FUNDS – DISTRICT ATTORNEY‟S OFFICE
        WHEREAS, grant monies have been made available by the New York State 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 the 2006/2007 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 $40,375.00; said documents subject to approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 214 Motion by Bleiler, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE
80                                    SCHUYLER COUNTY LEGISLATURE
        SERVICES FOR THE NARCOTICS CONTROL GRANT – DISTRICT ATTORNEY‟S OFFICE – AS
        AMENDED BY RES. NO. 265-0
        WHEREAS, grant monies have been made available by the New York State Division of Criminal
        Justice Services for the for the purpose of assisting the Schuyler County District Attorney‟s Office with
        violent crime prosecution.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign a contract with the New York State Division of Criminal Justice Services for a Narcotics Control Grant,
with a term of April 1, 2006 through March 31, 2007, in the amount of $49,333 with grant funding in the
amount of $37,000 with a local match of $12,333, to be comprised of in-kind services, subject to approval by
the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 215 Motion by Bleiler, Second by Bingell.
RE: AUTHORIZE THE CREATION AND FILLING OF A SR. TYPIST/KEYBOARD SPECIALIST
        POSITION/ABOLISH KEYBOARD SPECIALIST POSITION – EMERGENCY MANAGEMENT
        WHEREAS, the Emergency Management Coordinator, the Human Resources Director and the Personnel
Officer have carefully reviewed the job specification of the Keyboard Specialist position in the Emergency
Management Department, and
        WHEREAS, the position is more in depth with varied responsibilities than the Keyboard Specialist
position, with more emphasis on database, financial and budget maintenance, and
        WHEREAS, it is the recommendation of the Public Safety/Criminal Justice Committee, the Human
Resources Director and the Personnel Officer that the Keyboard Specialist title change to Senior
Typist/Keyboard Specialist to be placed in Grade Level 6, at an hourly rate of $12.41 per hour, for the efficient
operation of the Emergency Management Department and to more appropriately reflect the job responsibilities,
and the County Administrator concurs with said recommendation, and
        WHEREAS, there is money in the 2006 Personal Services budget account no. 3689.438 to cover the cost
of said change.
        NOW, THEREFORE, BE IT RESOLVED, that the Emergency Management Coordinator is hereby
authorized to create and fill the title of Senior Typist/Keyboard Specialist Grade Level 6, at an hourly rate of
$12.41, effective immediately, and
        BE IT FURTHER RESOLVED, that the title of Keyboard Specialist in the Emergency Management
Department be hereby abolished.
Vote: 8-0.
RESOLUTION NO. 216 Motion by Bleiler, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH GOVERNMENT PAYMENT SERVICES (GPS) FOR
        COLLECTION SERVICES – PROBATION DEPARTMENT
        WHEREAS, the Schuyler County Probation Department is the designated collection agency for court-
ordered restitution and other fees, and
        WHEREAS, accepting payments from Government Payment Services (GPS) will greatly enhance the
ability of said department to collect said restitution and fees, and
        WHEREAS, all costs associated with the credit card transaction are paid by the cardholder, and there is
no cost to the County.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a
contract with Government Payment Services (GPS), subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 217 Motion by Bleiler, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH BI, INC. FOR ELECTRONIC HOME MONITORING (EHM)
        SERVICES- PROBATION DEPARTMENT
        WHEREAS, the Schuyler County Probation Department has operated an Electronic Home Monitoring
(EHM) program for a number of years, and
                                        PROCEEDINGS OF THE YEAR 2006                                        81
        WHEREAS, the current vendor, Sentinel, Inc. has notified the Department that it is changing its
minimum requirements as to the number of units to be leased making it not feasible for the Department to
continue with this vendor, and
        WHEREAS, the Probation Director has been in contact with BI, Inc., a widely known and respected
vendor of Electronic Home Monitoring (EHM) equipment which has agreed to provide a contract with no such
minimum requirements and which would appear to be cost-effective, there currently being funds in the
Probation Department account number 3140.382 to cover said cost.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a
Contract with BI, Inc. for Electronic Home Monitoring (EHM) services, for a one year term effective upon
signing, subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 218 Motion by Larison, Second by Bleiler.
RE: RESOLUTION IN SUPPORT OF THE VILLAGE OF WATKINS GLEN‟S TRANSPORTATION
        ENHANCEMENTS PROGRAM (TEP) GRANT APPLICATION FOR CATHARINE VALLEY
        TRAIL
        WHEREAS, the Village of Watkins Glen will submit an application, to be known as the Seneca Harbor
Park Extension, to the New York State Department of Transportation‟s 2006 Transportation Enhancements
Program (TEP) to bring the Catharine Valley Trail from Glen Creek to Seneca Harbor Park, and
        WHEREAS, this proposed project is consistent with the County‟s existing and planned development of
the county-owned Seneca Harbor Park and the County supports the potential economic, safety and recreational
benefits the extension of the trail will bring, and
        WHEREAS, the County supports the use of a 2006 member item request for Phase III of improvements
to Seneca Harbor Park as a portion or all of the required local match for the Catharine Valley Trail, if the
request is funded.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature is supportive of this
application, and if the project is funded under the 2006 Transportation Enhancements Program, will endeavor to
enter into an intermunicipal agreement with the Village of Watkins Glen for provision of the local match and to
clarify construction and maintenance roles and responsibilities.
Vote: 8-0.
RESOLUTION NO. 219 Motion by Larison, Second by Bleiler.
RE: RESOLUTION TO DECLARE A NEGATIVE SEQR FOR THE AG DISTRICT
        WHEREAS, in accordance with Section 303-b of New York State‟s Agriculture and Markets Law,
Schuyler County has established an annual period during which landowners can petition to add their property to
the county agricultural districts, and
        WHEREAS, during the 2006 enrollment period the Schuyler County Agriculture and Farmland
Protection Board received one request to add property to an agricultural district, and
        WHEREAS, this parcel is number 74.00-1-9, and would become part of Schuyler County Agricultural
District #2, and
        WHEREAS, the Schuyler County Agriculture and Farmland Protection Board was designated by the
County to conduct a SEQR process regarding this proposed action, and
        WHEREAS, following the preparation of a TYPE 1 SEQR and a public hearing on May 22, 2006 and
receiving no negative comment on the potential environmental impact of the proposed action.
        NOW, THEREFORE, BE IT RESOLVED that the County accepts the Agriculture and Farmland
Protection Board‟s negative declaration of significant environmental impact from the proposed action.
Vote: 8-0.
RESOLUTION NO. 220 Motion by Larison, Second by Bleiler.
RE: AMEND THE 2006 BUDGET FOR AN INCREASE IN HEAP – DEPARTMENT OF SOCIAL
        SERVICES
        WHEREAS, the Department of Social Services has spent all of its 2006 HEAP funds and needs
additional funds budgeted to pay HEAP benefits when the program resumes in November, and
        WHEREAS, HEAP benefits are reimbursed with 100% Federal aid.
82                                   SCHUYLER COUNTY LEGISLATURE
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
amend the Department of Social Services 2006 Budget as follows:
        AMOUNT          ACCOUNT NO.                   DESCRIPTION
        +$ 200,000 6141.400                           HEAP Expenditures
        +$ 200,000 6141.4641                          Federal Aid - HEAP
Vote: 8-0.
RESOLUTION NO. 221 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AN AGREEMENT WITH THE BUILDINGS AND GROUNDS DEPARTMENT FOR
        MAINTENANCE IN LIEU OF RENT – DEPARTMENT OF SOCIAL SERVICES
        WHEREAS, the Department of Social Services has $90,000 in its 2006 budget to pay the Buildings and
Grounds Department for maintenance in lieu of rent.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement between the Department of Social Services and the Buildings and Grounds Department in
the amount of $90,000 for a term of January 1, 2006 through December 31, 2006, subject to the approval of the
Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 222 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH CATHOLIC CHARITIES, SCHUYLER OUTREACH FOR
        EMERGENCY SERVICES – DEPARTMENT OF SOCIAL SERVICES
        WHEREAS, the Department of Social Services has been allocated funding for its Flexible Fund for
Family Services (FFFS) program, and
        WHEREAS, the Department of Social Services wishes to contract with Catholic Charities – Schuyler
Outreach which has the expertise to provide emergency services for eligible families under 200% of the Federal
Poverty Level (FPL).
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract not to exceed $10,000 with Catholic Charities – Schuyler Outreach for emergency services
for the Department of Social Services for the term July 1, 2006 through June 30, 2007, funding available in the
2006 budget, account no. 6010.522; subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 223 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AN INCREASE IN THE MILEAGE REIMBURSEMENT RATE FOR FOSTER CARE
        PARENTS MILEAGE TO BE THE ESTABLISHED INTERNAL REVENUE SERVICES (IRS) RATE
        – DEPARTMENT OF SOCIAL SERVICES
        WHEREAS, Schuyler County foster parents currently receive $.375 a mile to transport foster children in
their care to the children‟s appointments and activities, and
        WHEREAS, in 2005 the Department reimbursed foster parents less than $5,400 for transportation costs,
and
        WHEREAS, the Internal Revenue Service (IRS) rate for business miles for 2006 is $.445 cents a mile,
and
        WHEREAS, increasing the mileage reimbursement to foster parents would be less than $1,000 annually,
of which only 30% is local share, and
        WHEREAS, funds to cover the increase are contained in the Department‟s 2006 budget, account no.
6109.400, account no. 6119.400 and account no. 6123.400.
        NOW, THEREFORE, BE IT RESOLVED that the Department of Social Services is hereby authorized
to reimburse foster parents at the established IRS mileage rate for business miles for mileage the foster parents
incur on behalf of foster children in their care established by the Department of Social Services guidelines,
effective October 1, 2006, and
        BE IT FURTHER RESOLVED, that the Department will change the mileage reimbursement rate for
foster parents whenever the IRS changes their published rates, usually annually at the beginning of a new
calendar year.
Vote: 8-0.
                            PROCEEDINGS OF THE YEAR 2006                  83
RESOLUTION NO. 224 Motion by Larison, Second by Bingell.
RE: AUTHORIZE THE CREATION AND FILLING OF A KEYBOARD SPECIALIST – DEPARTMENT
    OF SOCIAL SERVICES

        WHEREAS, the Department of Social Services has experienced an increase in the complexity and
seriousness of some of the cases referred to both the Adult Services and Children‟s Services units, and
        WHEREAS, the number of cases in Adult Services has increased steadily over the past several years
while the number of cases in the Children‟s Services unit is projected to show a substantial increase over 2005,
and
        WHEREAS, Caseworkers are spending a large portion of their time handling routine clerical functions
on those cases and are also spending a significant amount of time transporting clients to their various
appointments, and
        WHEREAS, Caseworkers earn $16.55 an hour (2006 starting wage) versus a Keyboard Specialist wage
of $11.70 an hour, a 29% decrease, and
        WHEREAS, it is anticipated the worker hired for this position will spend approximately 70% of their
time performing clerical duties and 30% of their time transporting clients to various appointments, and
        WHEREAS, the time Caseworkers would have spent on the clerical and/or driver responsibilities will
now be spent on their cases, thus enhancing the quality of those cases while at the same time ensuring their
clients receive the best service available, and
        WHEREAS, the Keyboard Specialist may on occasion transport MEDICAID clients to their medical
appointments, thus reducing the cost to the taxpayers of providing transportation to these clients, and
        WHEREAS, funds for the position will be obtained from the Department‟s 2006 budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be
authorized to create and fill a new position in the Department entitled “Keyboard Specialist” at Grade 2 at an
hourly wage of $11.70, starting on or after July 11, 2006, subject to availability of funds within the
Department‟s current budget, and
        BE IT FURTHER RESOLVED, that this new position will be reviewed by the Human Services
committee 12 months after it is filled to determine its effectiveness.
Vote: 8-0.
RESOLUTION NO. 225 Motion by Larison, Second by Bingell.
RE: AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE AND
        COMMUNITY SERVICES BOARD – COMMUNITY SERVICES
        WHEREAS, the Community Services Board and the Mental Health Subcommittee have a vacancy, and
        WHEREAS, Richard Saucier has expressed an interest in serving on the Community Services Board and
the Mental Health Subcommittee.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the
appointment of Richard Saucier to the Community Services Board and the Mental Health Subcommittee for the
term of July 10, 2006 through December 31, 2009.
Vote: 8-0.
RESOLUTION NO. 226 Motion by Larison, Second by Bingell.
RE: AUTHORIZE CREATION AND FILLING OF A STAFF SOCIAL WORKER POSITION –
        COMMUNITY SERVICES
        WHEREAS, the Mental Health Clinic is in need of an additional Staff Social Worker positions, and
        WHEREAS, there is funding available in the Community Services budget for 2006 for said position.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County legislature hereby authorizes the
Director of Community Services/Public Health to create, advertise and fill a Staff Social Worker position in
Mental Health, Grade Level 28, at an hourly rate of $21.40, effective immediately.
Vote: 8-0.
RESOLUTION NO. 227 Motion by Bingell, Second by Larison.
RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH
        DISABILITIES 2006-2007 – PUBLIC HEALTH
84                                    SCHUYLER COUNTY LEGISLATURE
        WHEREAS, Resolution No. 180-06 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 Birnie Transportation for transportation of
preschool handicapped children to and from Frank Pierce Early Childhood Center from July 1, 2006 to June 30,
2007 in the amount of $196.50, per child per day plus $19.70 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, 2006 to June 30, 2007 in the
amount of $221.50, per child per day plus $22.00 per additional child be, and hereby is, accepted, and
        BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for transportation of preschool
handicapped children to and from Franziska Racker Centers from July 1, 2006 to June 30, 2007 at $160.00 per
child, with a $10.00 per additional child fee be, and hereby is, accepted, and
        BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for transportation of preschool
handicapped children to and from the SCT BOCES Program, Horseheads from July 1, 2006 to June 30, 2007 at
$155.00 per child per day with a $10.00 per additional child fee be, and hereby is accepted, and
        BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for transportation of preschool
handicapped children to and from Chemung County UCP from July 1, 2006 to June 30, 2007 at $160.00 per
child per day with a $10.00 per additional child fee be, and hereby is accepted, and
        BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for transportation of preschool
handicapped children to and from Yates ARC / Keuka Lake Schools from July 1, 2006 to June 30, 2007 at
$155.00 per child per day with a $10.00 per additional child fee be, and hereby is accepted, and
        BE IT FURTHER RESOLVED, that the bid from Schuyler ARC for miscellaneous transportation of
preschool handicapped children from July 1, 2006 to June 30, 2007 in the amount of $1.50 per mile be, and
hereby is, accepted, and
        BE IT FURTHER RESOLVED, that since certain students may be eligible for transport by a parent,
school district or public transportation, this award is not an exclusive contract for services, and
        BE IT FURTHER RESOLVED, that contracts necessary to carry out such transportation services are
hereby authorized for signature by the Chairman of this Legislature, funding available in the 2006 budget,
account no. 2960.440-Travel; contracts subject to the approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 228 Motion by Bingell, Second by Larison.
RE: AUTHORIZE APPOINTMENT TO COMMUNITY HOME CARE PROFESSIONAL ADVISORY
        COMMITTEE – PUBLIC HEALTH
        WHEREAS, the Professional Advisory Committee has several vacancies due to the resignation of
Kathryn Doolittle, Michelle Myers and Michele Fritz, and
        WHEREAS, Dawn Paulsen, Corporate Compliance Officer, John Bullock, Speech Therapist, Michele
Gimbar, Medical Social Worker and Ashraf Sabahat, M.D. have expressed their interest in joining the
committee.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves of the
following individuals being appointed to the Community Home Care Professional Advisory Committee for the
term June 19, 2006 through December 31, 2006:
                                   Dawn Paulsen, Corporate Compliance Officer
                                           John Bullock, Speech Therapist
                                      Michele Gimbar, Medical Social Worker
                                                Ashraf Sabahat, M.D.
Vote: 8-0.
RESOLUTION NO. 229 Motion by Bingell, Second by Larison.
RE: AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY WATER QUALITY
        COORDINATING COMMITTEE AND AMEND THE 2006 BUDGET – PUBLIC HEALTH
                                     PROCEEDINGS OF THE YEAR 2006                                              85
         WHEREAS, Schuyler County's Watershed Protection Agency will provide up to 200 inspections for the
County Water Quality Coordinating Committee through December 31, 2006 for an amount of $10,000.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into an agreement with the County Water Quality Coordinating Committee, subject to the approval of the
Schuyler County Attorney, and
         BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to make the
following amendments to the 2006 Public Health budget:
                 AMOUNT                      ACCOUNT NO.                    DESCRIPTION
                 + $ 10,000                  4050.100                       Personnel
                 + $ 10,000                  4050.1609                      Watershed Revenue
Vote: 8-0.
RESOLUTION NO. 230 Motion by Karius, Second by Larison.
RE: AUTHORIZE PERFORMANCE OF SEPTIC SYSTEM INSPECTIONS AND INCREASE SALARY
         FOR WATERSHED STAFF – PUBLIC HEALTH
         WHEREAS, both Waneta and Lamoka Lakes are listed as “impaired” on the New York State Priority
Waterbodies List, and
         WHEREAS, excessive nutrients have been listed as the primary pollutant causing this impairment, and
         WHEREAS, failing septic systems is the number one suspected source of nutrients causing the water
quality impairment, and
         WHEREAS, efforts to limit the nutrient loading in the lakes must address wastewater systems on all
properties with these systems surrounding both Waneta and Lamoka Lakes, and
         WHEREAS the Schuyler County Water Quality Coordinating Committee has received a grant to address
these issues by having an accelerated Wastewater Inspection Program, and
         WHEREAS these accelerated inspections are to be done by the regulatory officer and all records and
compliance issues will be kept and maintained by the Watershed Protection Agency, and
         WHEREAS, it is requested that Timothy Hicks, Watershed Inspector, be provided with compensation up
to the amount of $4,000.00 for duties related specifically to this program which are outside the regular scope of
his activities, and
         WHEREAS, it is also requested that James Howell, Assistant Watershed Inspector, increase his hours
for up to 10.0 hours per week at $14.12 per hour and be provided with compensation in an amount not to exceed
$6,000.00 for the extra duties related specifically to this program which are outside the regular scope of his
activities, and
         WHEREAS, such time increase and compensation will not affect the accruals for either the Watershed
Inspector or the Assistant Watershed Inspector, and
         WHEREAS, said compensation is subject to grant funds being received from the agreement with the
Schuyler County Water Quality Coordinating Committee.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves of the
additional compensation for Timothy Hicks and the increased hours and compensation for James Howell
effective immediately, through December 31, 2006, at no extra cost to the county.
Vote: 8-0.
RESOLUTION NO. 231 Motion by Karius, Second by Larison.
RE: ABOLISH CHIEF ACCOUNTANT AND SENIOR ACCOUNT CLERK TYPIST POSITIONS –
         TREASURER‟S OFFICE
         WHEREAS, the Chief Accountant position in the Schuyler County Treasurer‟s Office has been vacant
for more that six (6) months and the Senior Account Clerk Typist position has been upgraded to the title of
Bookkeeper, and
         WHEREAS, there are no immediate plans to fill the vacant positions in the Schuyler County Treasurer‟s
Office.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby abolishs the
positions of Chief Accountant and Senior Account Clerk Typist in the Treasurer‟s Office.
Vote: 8-0.
86                                    SCHUYLER COUNTY LEGISLATURE
RESOLUTION NO. 232 Motion by Karius, Second by Larison.
RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION BY
         THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE RESIDENTIAL-
         COMMERCIAL URBAN EXEMPTION
         WHEREAS, Section 485-a of the Real Property Tax Law of the State of New York provides for partial
exemption of real property receiving the Residential-Commercial Urban Exemption, and
         WHEREAS, Real Property Tax Law Section 485-a permits a county to adopt legislation to provide that
partial exemption shall be applicable with respect to any real property receiving the Residential-Commercial
Urban Exemption.
         NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2 of the year 2006 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
August 14, 2006 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 2006
         A local law providing for partial exemption by the County of Schuyler of Real Property Receiving the
Residential-Commercial Urban Exemption.
         Be it enacted by the County Legislature of the County of Schuyler, as follows:
SECTION 1: LEGISLATIVE INTENT.
The purpose of this Local Law is to provide real estate tax relief to real property receiving the Residential –
Commercial Urban Exemption.
SECTION 2: LEGISLATIVE AUTHORITY.
This Local Law is enacted pursuant to the provisions of Section 485-a of the RPTL of the State of New York.
SECTION 3: SHORT TITLE.
This Local Law shall hereafter be known as the Residential – Commercial Urban Exemption Law.
SECTION 4: DEFINITIONS
A. “Applicant” means any person obligated to pay real property taxes on the property for which an exemption
from real property taxes pursuant to this Local Law is sought.
B. “Commercial construction work” means the modernization, rehabilitation, expansion or other improvement
of the portion of mixed-use property to be used for commercial purposes.
C. “Commercial purpose or use” means the buying, selling or otherwise providing of goods or services,
including hotel services, or other lawful business or commercial activities permitted in mixed-use property.
D. “Mixed-use property” means property on which will exist, after completion of residential construction work
or a combination of residential construction work and commercial construction work, a building or structure
used for both residential and commercial purposes.
E. “Person” means an individual, corporation, limited liability company, partnership, association, agency, trust,
estate, foreign or domestic government or subdivision thereof, or other entity.
F. “Residential construction work” means the creation, modernization, rehabilitation, expansion or other
improvement of dwelling units, other than dwelling units in a hotel, in the portion of mixed-use property to be
used for residential purposes.
SECTION 5: REAL PROPERTY TAX EXEMPTION.
A. Non-residential real property, upon conversion to mixed-use property, shall be exempt from taxation and
special ad valorem levies by Schuyler County to the extent provided in this section.
         1. For a period of twelve years from the approval of an application, the increase in assessed value of
         such property attributable to such conversion shall be exempt as provided in paragraph 2 of this
         subdivision. Such exemption shall be computed with respect to the “exemption base”. The exemption
         base shall be determined for each year in which there is an increase in assessed value so attributable
         from that of the previous year‟s assessed value.
         2. The following table shall illustrate the computation of the tax exemption:
         Year of exemption             Percentage of exemption
         1 through 8                   100% of exemption base
                                       PROCEEDINGS OF THE YEAR 2006                                             87
         9                             80% of exemption base
         10                            60% of exemption base
         11                            40% of exemption base
         12                            20% of exemption base
B. No exemption shall be granted unless:
         1. such conversion was commenced subsequent to the date on which this local law takes effect; and
         2. the cost of such conversion exceeds the sum of ten thousand dollars.
C. For purposes of this section, the term conversion shall not include ordinary maintenance and repairs.
D. No such exemption shall be granted concurrent with or subsequent to any other real property tax exemption
granted to the same improvements to real property, except, where during the period of such previous exemption,
payments in lieu of taxes or other payments were made to the county in an amount that would have been equal
to or greater than the amount of real property taxes that would have been paid on such improvements had such
property been granted an exemption pursuant to this section. In such case, an exemption shall be granted for a
number of years equal to the twelve year exemption granted pursuant to this section less the number of years the
property would have been previously exempt from real property taxes.
SECTION 6: APPLICATION PROCESS.
A. Such exemption shall be granted only upon application by the owner of such real property on a form
prescribed by the state board, and shall be filed with the assessor of the municipality having the power to assess
property for taxation on or before the appropriate taxable status date of such municipality.
B. If the assessor is satisfied that the applicant is entitled to an exemption pursuant to this section, he or she
shall approve the application and such real property shall thereafter be exempt from taxation and special ad
valorem levies as in this section provided commencing with the assessment roll prepared after the taxable status
date referred to in subdivision A of this section. The assessed value of any exemption granted pursuant to this
section shall be entered by the assessor on the assessment roll with the taxable property, with the amount of the
exemption shown in a separate column.
SECTION 7: VALIDITY.
If any section, subsection, paragraph, clause, sentence or phrase of this Local Law is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such decision shall not affect the validity of the remaining portion thereof.
SECTION 8: EFFECTIVE DATE.
This Local Law shall take effect immediately.
Vote: 8-0.
DISCUSSION: Legislator Bleiler wanted to point out to the public members that were attending the meeting
that Resolution No. 232 and 233 are only for an introduction to the Local Laws. There will be more
information to follow including a Public Hearing next month. Legislator Slusser asked where the Local Laws
came from in regards to what Committee and what prompted them. Chairman Gifford answered saying that
they came from the Governmental Operations Committee and that the Schuyler County Partnership for
Economic Development (SCOPED) supports them.
RESOLUTION NO. 233 Motion by Larison, Second by Bingell.
RE: LOCAL LAW INTRO. NO. 3 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION
         FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE
         INFRASTRUCTURE EXEMPTION
         WHEREAS, Section 485-g of the Real Property Tax Law of the State of New York provides for partial
exemption of real property receiving the Infrastructure Exemption, and
         WHEREAS, Real Property Tax Law Section 485-g permits a county to adopt legislation to provide that
partial exemption shall be applicable with respect to any real property receiving the Infrastructure Exemption.
         NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3 of the year 2006 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
August 14, 2006 at 7:05 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins
Glen, NY.
88                                   SCHUYLER COUNTY LEGISLATURE
                              LOCAL LAW INTRO. NO. 3 OF THE YEAR 2006
        A local law providing for partial exemption by the County of Schuyler of Real Property Receiving the
Infrastructure Exemption.
        Be it enacted by the County Legislature of the County of Schuyler, as follows:
SECTION 1: LEGISLATIVE INTENT.
The purpose of this Local Law is to provide real estate tax relief to real property receiving the Infrastructure
Exemption.
SECTION 2: LEGISLATIVE AUTHORITY.
This Local Law is enacted pursuant to the provisions of Section 485-g of the RPTL of the State of New York.
SECTION 3: SHORT TITLE.
This Local Law shall hereafter be known as the Infrastructure Exemption Law.
SECTION 4: REAL PROPERTY TAX EXEMPTION.
A. Residential building lots which are part of a subdivision plat for residential development which includes
infrastructure intended to be dedicated to the municipal corporation or a special district thereof in accordance
with the provisions of this section shall be exempt from taxation to the extent of the increased assessed value of
such lots resulting from the addition of such infrastructure for a period until the issuance of a certificate of
occupancy but in no event longer than three years from granting of the exemption herein, which certifies that a
residence is constructed on a building lot in such subdivision. Such exemption shall be the value of the
infrastructure proportionately applied to each of the lots in the subdivision. Upon issuance of the certificate of
occupancy but in no event longer than three years from granting of the exemption herein, the exemption
provided by this subdivision shall lapse.
B. For purposes of this section infrastructure shall be comprised of the following public facilities which are
intended to be dedicated to the municipal corporation or a special district thereof: streets, storm and sanitary
sewers, drainage facilities and any other facilities required by the municipality to be installed in such residential
subdivision as noted on the filed plat plan for such residential subdivision.
SECTION 5: APPLICATION PROCESS.
A. Such exemption shall be granted only upon application by the owner of the real property on a form
prescribed and made available by the office of real property services. The applicant shall file the information as
required by the office of real property services. The application shall be filed with the assessor of the
appropriate assessing unit. Such application shall be filed on or before the appropriate taxable status date of
such assessing unit and not later than one year from the date of completion of such construction, installation or
improvement. On approved subdivision lots in which such infrastructure has been completed as of the effective
date of the local law or school district resolution providing that the exemption under this section shall be
applicable within its jurisdiction and for which a certificate of occupancy has not been issued, application shall
be made within one year from the effective date of such local law or school district resolution.
B. If the assessor receives an application by the owner of the real property, and is satisfied that the applicant is
entitled to an exemption pursuant to this section, the assessor shall approve the application and such real
property shall thereafter be exempt from taxation as herein provided commencing with the assessment roll
prepared after the taxable status date referred to in subdivision A of this section. The assessed value of any
exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the
taxable property, with the amount of the exemption entered in a separate column.
SECTION 6: VALIDITY.
If any section, subsection, paragraph, clause, sentence or phrase of this Local Law is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such decision shall not affect the validity of the remaining portion thereof.
SECTION 7: EFFECTIVE DATE.
This Local Law shall take effect immediately.
Vote: 8-0.
RESOLUTION NO. 234 Motion by Larison, Second by Bingell.
RE: AUTHORIZE THE CREATION OF AN INFORMATION TECHNOLOGY DIRECTOR POSITION
        WHEREAS, Schuyler County currently contracts for the provision of information technology service
                                      PROCEEDINGS OF THE YEAR 2006                                           89
and administration at an annual cost of $117,000, and
        WHEREAS, it is the desire of the County to provide said services in a more cost effective and efficient
manner, and
        WHEREAS, to accomplish this goal, it is the recommendation of the County Administrator that a full-
time Information Technology Director position be created.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the creation of an
Information Technology Director position with a salary offer not to exceed the amount of $75,000 annually, and
        BE IT FURTHER RESOLVED, that when said position is filled it is the intent of the Legislature to
discontinue the use of outside contractors in the provision of this service to the County.
Vote: 8-0.
RESOLUTION NO. 235 Motion by Larison, Second by Bingell.
RE: AUTHORIZE APPLICATION TO THE NEW YORK STATE OFFICE FOR THE AGING FOR A
        NYCONNECTS SCHUYLER LONG TERM CARE POINT OF ENTRY PROGRAM – OFFICE FOR
        THE AGING
        WHEREAS, the New York State Office for the Aging on behalf of the New York State Point of Entry
has requested applications for a Long Term Care Point of Entry Program called NYCONNECTS, and
        WHEREAS, the Schuyler County Office for the Aging, the Schuyler County Youth Bureau and the
Schuyler County Department of Health wish to apply and be the lead Point of Entry Agencies, and
        WHEREAS, said program is to create a Point of Entry (POE) system for long term care services in
Schuyler County.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign an application and any other documents relative to accepting the grant from the New York State Office for
the Aging for a NYCONNECTS Schuyler Long Term Care Point of Entry program in the amount of $52,000,
for the term October 1, 2006 through September 30, 2007, subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 236 Motion by Larison, Second by Bingell.
RE: ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS – AS
        AMENDED BY RES. NO 264-06
        WHEREAS, pursuant to Article 5-g of the General Municipal Law and the Help America Vote Act
(HAVA 2002) certain election functions are to be consolidated at the county level, and
        WHEREAS, Election Inspectors need to now be appointed by the local Board of Elections and
acknowledged by the County Legislative Body by resolution, and
        WHEREAS, after completing the necessary training and upon certification the Schuyler County Board
of Election Commissioners have made a recommendation of fifty-four individuals to be appointment as election
inspectors.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges
the appointment of the following individuals as Schuyler County Election Inspectors for a one-year term
commencing July 15, 2006 through July 14, 2007:
Rebecca Abraham (D)                                          Karen Allen (R)
Helen Baker (D)                                              Sue Baker (R)
Darlene Bingham (D)                                          Mary Barnes (R)
J. Gerladine Boyce (D)                                       Robert Benjamin (R)
Patti Butler (D)                                             Teresa Cope (R)
Susan Cecce (D)                                              Christine Cosgrove (R)
Nancy Crouch (D)                                             Doris Fazzary (R)
Pam Davis (D)                                                Pat Hastings (R)
Jeanne Donnell (D)                                           Mary Ellen Hoose (R)
Kathryn Engel (D)                                            Darla Kimmey (R)
Beatrice Fazzary (D)                                         Florence Klopf (R)
Vera Giasi (D)                                               Cathy Mathews (R)
Jean Hubsch (D)                                              Gretta Preston (R)
90                                   SCHUYLER COUNTY LEGISLATURE
Virginia Jensen (D)                                           Ira Ray (R)
Diane M Koi-Thompson (D)                                      Gerladine Richtmyer (R)
Dorothy Lott (D)                                              Therese Sgrecci (R)
Neal Melveney (D)                                             Helen Marie Sipperley (R)
Madalyn Morgan (D)                                            Beatrice Smyder (R)
Jean Parker (D)                                               Joyce Soule (R)
Nona Schmizzi (D)                                             Laurie Tuttle (R)
Norma Silliman (D)                                            Joyce VanVleet (R)
Catherine Sirrine (D)                                         Catherine Van Zile (R)
Jane Snyder (D)                                               Linda Wager (R)
Angela Standish (D)                                           Alan Waite Sr (R)
Janet Standish (D)
Mary Standish (D)
Ronald Sterner (D)
Denny Teeter (D)
Betty Underdown (D)
Frances VanDyke (D), and
        BE IT FURTHER RESOLVED, that per Resolution No. 351-05, the Legislature agrees to pay election
inspectors working for the County, to be paid the rate of $100.00 for a primary election, $150.00 for a general
election, and $25 for each mandated training session.
Vote: 8-0.
RESOLUTION NO. 237 Motion by Larison, Second by Bingell.
RE: AUTHORIZE INCREASING THE PART TIME ASSISTANT DISTRICT ATTORNEY POSITION
        TO FULL TIME - DISTRICT ATTORNEY
        WHEREAS, the District Attorney has initiated a new program to reduce the crime rate in Schuyler
County which requires the creation of a full time Assistant District Attorney position, and
        WHEREAS, the New York State Division of Criminal Justice services has approved an Operation
Impact Grant for the Schuyler County District Attorney‟s Office to assist in the prosecution of crimes and the
overall reduction of the crime rate, and has allocated $20,000 for salary, and up to $7,000 in fringe benefits, for
the purpose of creating a designated prosecutor for the program, and
        WHEREAS, the current Assistant District Attorney position is part-time (90% grant funded), and the
funds referenced herein will be used to increase that status to full time (based on a 35 hour work week), and
        WHEREAS, the cost of the increase in the position will be 97% funded by the DCJS grant and the
remainder will be funded from the 2006 District Attorney budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
increase of the part-time Assistant District Attorney position to a full-time position, with an annual salary of
$42,000, effective July 11, 2006, contingent upon continued grant funding.
Vote: 8-0.
RESOLUTION NO. 238 Motion by Larison, Second by Bingell.
RE: APPOINTMENT – SCHUYLER COUNTY PLANNING COMMISSION
        BE IT RESOLVED, that Terry Gardner, Sr. be appointed to the Schuyler County Planning Commission
as the Town of Cayuta representative for the term January 1, 2006 through December 31, 2007.
Vote: 8-0.
RESOLUTION NO. 239 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: 8-0.
RESOLUTION NO. 240 Motion by Larison, Second by Bingell.
RE: AUTHORIZATION TO CONTRACT WITH INDUSTRIAL MEDICINE ASSOCIATES FOR
        CONSULTATIVE MEDICAL EXAMINATIONS
                                       PROCEEDINGS OF THE YEAR 2006                                            91
         WHEREAS, the Federal Government will be requiring states to attain a participation rate of 50% for
single parent households and a 90% participation rate in two-parent households in authorized work or work-
related activities for those Temporary Assistance for Needy Families (TANF) recipients starting October 1,
2006, and
         WHEREAS, failure of Counties in New York State to meet the aforementioned participation threshold
will result in financial sanctions being assessed, and
         WHEREAS, Schuyler County‟s participation rate is substantially below this requirement, and
         WHEREAS, Federal regulations allow few exemptions from work or work-related activities, and
         WHEREAS, most medical excuses are not considered exemptions for statistical purposes in meeting the
TANF participation thresholds as established by the Federal Government, and
         WHEREAS, there are several Schuyler County TANF recipients who have medical excuses, and
         WHEREAS, Industrial Medicine Associates (IMA), will, for a fee, provide a consultative medical
examination to assist in the evaluation of applications for Social Security Disability and Supplemental Security
Income (SSI), and
         WHEREAS, IMA will also provide workfare or employability evaluation services on those Schuyler
County TANF recipients who have a medical statement from their medical provider exempting them from work
activities, and
         WHEREAS, 100% reimbursed funding to pay for services rendered by IMA is available from the
Department of Social Services (DSS) Flexible Fund for Family Services (FFFS) with no local share.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is
authorized to enter into a contract up to $10,000 on behalf of the Schuyler County DSS for consultative
examinations and evaluations, 100% reimbursed funding available in the Department‟s 2006-07 FFFS, pending
approval by the County Administrator and County Attorney.
DISCUSSION: Legislator Bingell asked if this would mean that the County would be paying for a second
Doctor visit now in these situations. Chairman Gifford replied that Schuyler County is one of the few Counties
that do not do this type of exam already. Legislator Bingell also inquired as to what would happen if the second
opinion said the client was alright to return to work and they were further injured, could the County be sued?
Also, what if the second opinion said they were not alright to return to work, do we then get a third opinion?
Attorney Coleman responded saying that there was a “safety net” for those situations and further explained in
detail what would occur. Legislator Bingell summed up all the conversations by saying that it was her
understanding that in the long run this would save the County money. Legislator Larison asked if this was
being required by the Federal Government. Administrator O‟Hearn answered no, but it was a good idea and the
County can do it.
Vote: 8-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
         Legislator Larison reported that he recently attended a Schuyler ARC meeting the other day. He said it
was rather enlightening in the way they perceive their clients. It was important to always remember that just
because they have a developmental disability, these people are still individuals and need to be treated that way.
He reported that the State has come out and said that they are going to work on a program to help these
individuals be able to be in separate rooms in the residential homes that they live in. This would mean that they
won‟t have to share rooms anymore. They will be able to have their own personal belongings with them too.
He said he was greatly pleased to hear this information. He made mention of the way things used to be a long
time ago and gave the example of the individuals that reside in institutions such as Willard and were not
allowed to have their personal belongings with them. Many years later they found the personal belongings in
storage after the facility had closed and the residents had been long gone or deceased.
         Legislator Bleiler reported on the Public Safety/Criminal Justice Committee. He reported that several
departments offered emergency support for the recent flooding in Broome and Chenango County. Schuyler
County was activated by the New York State Fire Mobilization Mutual Aid Plan to assist with the flooding.
Bill Kennedy, Emergency Management Coordinator, and 14 other people responded to the flooded area to offer
92                                    SCHUYLER COUNTY LEGISLATURE
aid, for a total of 22 individuals responding to assist with the emergency situation. Legislator Bleiler also
reported on a potential State owned wireless communication network to be installed in 2007/2008 in Schuyler
County. This could help meet the needs of local emergency services. The County has been considering the
installation of a communication tower to improve local emergency communications. If the State ends up
wanting to use the land then the County would not need to spend the money to do it. Administrator O‟Hearn
added that he recently attended the County Meeting of the Fire Chiefs and added that because of flooding some
representatives were not able to attend, but shared that the Fire Chiefs were concerned that this keeps dragging
out but he reassured them about the project. He feels confident about the project. He also added that there
would be no paging capability and this may need to be looked at in the future. Legislator Bleiler made one
other comment by saying that the State has contracted to do this project and the first phase has already begun.
By the year 2008 this project should be in Schuyler County.
         Legislator Bingell reported that over 200 bicycles will be coming through Watkins Glen soon and this
goes along with the Enhanced Transportation Act that she has been involved with and reminded everybody that
they need to remember that bicycles have the right to be on the road too. Please remember to share the road
with them and be aware of the individuals that are mowing along the side of our County Roads.
         Legislator Slusser stated that he did not have a committee report but wanted to say that he heard a State
Legislative Representative report on the lower Medicaid funds. He asked if anyone had heard any discussion.
Administrator O‟Hearn said that the predictions of the Medicaid CAP were based on a formula and now the
accrual and expenditures are less than projected. Basically the County used State numbers to budget and upon
the review, we are actually going to be coming out better than the earlier projection.
         Legislator Fagan reported on the Transportation Subcommittee. He stated the committee met on June
  th
6 and that they had received 2 proposals for the needs assessment. On June 20th, Chairman Gifford received a
letter stating that the Department of Transportation supports funding the study and will provide up to $50,000
with no local match. On July 26th the Committee will be having interviews scheduled for the two companies
that submitted proposals and this way they will be able to meet with the selection committee. He also reported
that he attended a conference where there was some discussion on the Shared Municipal Services. He had
heard that no formal grants have been awarded yet and did not get a good stance on our application, however
the County should hear soon.
COUNTY ADMINISTRATOR’S REPORT:
         County Administrator O‟Hearn provided an update from last months meeting where he reported that the
One Stop Career Center in Watkins Glen was in jeopardy because of lack of funding. There had been budget
cuts and as of July 1st they were to be forced into a potential closing. In spite of the funding cuts he was glad
to report that through a collaborative group, including the Arc of Schuyler County, where the Career Center is
located, Schuyler County Department of Social Services, Catholic Charities, Corning Community College,
SCOPED and Workforce New York developed a strategy to keep the office open for people looking for jobs.
People who use the services should not notice a difference in services. The career center is part of the Chemung
Schuyler Steuben CSS Workforce New York System which was established with a partnership between several
agencies and the New York State Department of Labor. He reported that Sue Brill with Social Services will
work there one day a week to assist clients with job searching and this will occur through a minimal or possibly
no local share. He also reported that he has received a number of requests about the Counties “Wall of Fame”
and not sure what the status of it is. In the past, individuals were nominated and pictures placed in the hallway.
Lately it seems people are interested in nominating again. There seems to be interest in keeping the wall
updated and would like some input and a way to respond to the requests. He had been told that it was a
Chamber of Commerce initiative and not sure of there continued interest. Legislator Bleiler suggested that
Administrator O‟Hearn talk to them about it and thinks it is worthwhile and it should be looked at it again.
There was also a brief discussion on the Board of Election voting machines and sites for the voting public.
PUBLIC PARTICIPATION:
         Mr. Gordon Swarthout stood and asked about Intro Number 26 that was voted and approved on tonight
for a Full-time District Attorney Assistant. He stated that if we were to take all the people in Schuyler County
and subtract all the County Employees, Town and Village employees, etc. that would not leave very many
people, so he was wondering if the County really had a lot of outlaws to justify a full-time District Attorney
                                     PROCEEDINGS OF THE YEAR 2006                                             93
Assistant. Legislator Bleiler responded by saying that the State is pushing for better Law Enforcement and the
position relies funding from the New York State Division of Criminal Justice services grant which has approved
an Operation Impact Grant for this full-time position. If the Grant funding dries up then the position dries up.
Legislator Fagan reinforced the response by saying that the position is being funded based on 97% of it being
paid for by the grant.
        The Meeting adjourned at 7:08 P.M.
                Sharlene A. Parker, Deputy Clerk
                Heather Lodge, Confidential Secretary for the County Administrator

                                            SPECIAL MEETING
                                               JULY 20, 2006

        The July 20, 2006 Special Meeting of the Schuyler County Legislature was called to order at 9:15 a.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. County Administrator O‟Hearn
was also present.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 241 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. ACCEPT/REJECT BIDS FOR COUNTY ROUTE 6 BRIDGE REPLACEMENT –
                   HIGHWAY DEPARTMENT
Vote: 7-0.
Legislator Karius in at 9:18 a.m.
RESOLUTION NO. 242 Motion by Bingell, Second by Larison.
RE: ACCEPT/REJECT BIDS FOR COUNTY ROUTE 6 BRIDGE REPLACEMENT – HIGHWAY
        DEPARTMENT
        WHEREAS, Resolution No. 116-05 authorized the advertising for bids for construction of the County
Route 6 Bridge Replacement project, and
        WHEREAS, bids were received and opened on July 12, 2006 and reviewed with the recommendation
being made by Hunt Engineers to accept the low bid from Silverline Construction. Inc.
        NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public works Committee, the
Schuyler County Legislature accepts the following low bid from Silverline Construction for the County Road 6
Bridge Replacement over Taughannock Creek at the low bid price of $722,670.00, funding available in the
2006 budget account no. 5120.569, and
        BE IT FURTHER RESOLVED, that the other bid be rejected, with a note of appreciation for their
participation.
Vote: 8-0.
PUBLIC PARTICIPATION: None.
        MOTION by Legislator Slusser to go into executive session to discuss possible property acquisition,
SECOND by Legislator Bingell. 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.
        The Meeting adjourned at 9:35 a.m.
                Stacy B. Husted, Clerk of the Legislature

                                           REGULAR MEETING
                                             AUGUST 14, 2006
94                                   SCHUYLER COUNTY LEGISLATURE
        The August 14, 2006 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan and followed by a Moment
of Silence. All Legislators were present except Legislator Bingell who was excused. County Attorney
Coleman and County Administrator O‟Hearn were also present.
PUBLIC PARTICIPATION: None.
7:00P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. __ OF THE
YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION BY THE COUNTY OF SCHUYLER OF
REAL PROPERTY RECEIVING THE RESIDENTIAL-COMMERCIAL URBAN EXEMPTION:
        Barbara Halpin, Empire Zone Coordinator from the Schuyler County Partnership for Economic
Development (SCOPED) Office, commented on the two Local Laws. She discussed the benefits of these two
local laws and that they originated from SCOPED. She has been the driving force and these are local incentives
beyond the Empire Zone. There was additional discussion on 485e for possible consideration in the future,
stating that there is a need in Schuyler County to improve our residential structures. 485a is pinpointed to
downtown areas and should encourage developers, not only downstairs but upper levels to be renovated. She
explained that 485g looks at the infrastructure and subdivisions and would address the need for housing in
Schuyler County. This is specific to residential subdivisions and is just the beginning. She hopes the
Legislature will adopt both of these because this will encourage people to invest in our communities. She stated
that she will look into other ways for investment into the community.
        Legislator Slusser asked Ms. Halpin if every County had an Empire Zone, and if not, if this would be
then equivalent to the counties that do not. Ms. Halpin stated that there are Counties that do not, but this was
not to replace the Empire Zone.
        Mr. Swarthout, a member of the public stood and asked for additional clarification on the proposed
Local Laws. He stated that this is the first time he is hearing about tax breaks for businesses and then talking
about residential homes being built. What if you get more people living here, where are they going to
work…Corning? Chairman Gifford reminded Mr. Swarthout that this was a Public Hearing.
        Paul Fitzimmons, a member of the public stood and read from a prepared statement regarding the
opposition of the proposed Local Laws. Said statement is on file in the Legislative Office.
7:05P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. __OF THE
YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION BY THE COUNTY OF SCHUYLER OF
REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION:
        Mr. Swarthout stated during the hearing that he feels that if a person could afford to buy a property, then
he did not believe there should be any tax abatement at all. He feels if they were able to afford to buy the
property and build, then they should be able to pay the taxes.
        Betty Heichel asked if this was only for property within the town or village limits and wondered how it
would affect farmers. Legislator Bleiler said the first local law and hearing would pertain to the village or town
limit but the 485-g would certainly pertain to infrastructure.
        Legislator Slusser reminded the public present that the towns are responsible for Zoning and not the
County.
        Ms. Heichel gave an example of a person putting a 200 acre Residential building in the Town of
Catherine. Legislator Karius explained that the Agricultural District is in place to protect from those types of
situations. Chairman Gifford also reminded the public that the Town of Catherine would have to have water
and sewer in place to support a project like that example and they currently do not. Legislator Fagan stated that
the Ag. & Farm Market would also have to approve of the building and would have to have a detailed SEQR
review. In other words there are a lot of safeguards to protect agricultural land from turning into residential
land. Ms. Heichel thanked Legislator Fagan for answering her question.
        Mr. Swarthout said he was concerned with more houses being built and getting more people in the area.
He felt the county does not have enough jobs already and the new people would have to commute. That would
mean that they would actually take business away from the County. He did not see the benefit of this Local
Law. Chariman Gifford responded by saying that this would be assuming everyone that would buy a house
would not have a job already in place. Legislator Slusser added that this could also pertain towards a retirement
community development. Mr. Swarthout again stated his opposition to the law.
                                       PROCEEDINGS OF THE YEAR 2006                                              95
        Barbara Halpin replied by saying that part of SCOPED‟s goals are to help businesses to come to the
area, assist them with their recruiting of workers and to have housing options. Without this, it makes it difficult.
        Legislator Karius said she would like to see this local law be tabled so that the Ag & Farmland
Protection Board can review it further. Then it can be discussed further prior to voting. It will be discussed
again at the Governmental Operations Committee by the Real Property Tax Agency Director, Thomas
Bloodgood.
RESOLUTION NO. 243 Motion by Larison, Second by Yuhasz.
RE: APPROVE MINUTES OF THE JULY 10, 2006 REGULAR MEETING AND THE JULY 20, 2006
        SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
        BE IT RESOLVED, that minutes of the July 10, 2006 Regular Meeting and the July 20, 2006 Special
Meeting of the Schuyler County Legislature be approved.
Vote: 7-0.
RESOLUTION NO. 244 Motion by Larison, Second by Fagan.
RE: AUTHORIZE CONTRACT RENEWAL WITH WTH TECHNOLOGY GROUP FOR GIS MAPPING
        AND THE CAD SYSTEM – EMERGENCY MANAGEMENT
        WHEREAS, Think GIS mapping, and Pulse CAD (computer aided dispatch) systems where installed in
the 911 center in 2005 and,
        WHEREAS, the need for annual maintenance and support is necessary to insure the systems are fully
operational, and
        WHEREAS, WTH Technology will provide annual maintenance and customer support at the cost of
$3,500 for the GIS mapping system and $2,750 for the CAD system.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
execute a contract with WTH for the Emergency Management Department for Mapping Maintenance and CAD
for the term of June 1, 2006 through May 31, 2007, funding available in the 2006 Information Technology
budget account no. 1680.400, subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 245 Motion by Larison, Second by Fagan.
RE: RESOLUTION TO ADD A PARCEL TO THE SCHUYLER COUNTY AGRICULTURAL DISTRICT
        #2
        WHEREAS, in accordance with Section 303-b of New York State‟s Agriculture and Markets Law,
Schuyler County has established an annual period during which landowners can petition to add their property to
the county agricultural districts, and during the 2006 enrollment period the Schuyler County Agriculture and
Farmland Protection Board (AFPB) received one request to add to an agricultural district, and
        WHEREAS, this parcel is number 74.00-1-9, and would become part of Schuyler County Agricultural
District #2, and
        WHEREAS, following the preparation of a TYPE 1 SEQR and a negative declaration of significant
environmental impact from the proposed action the AFPB recommend inclusion of this parcel as substantially
viable agricultural land.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recommends that
parcel number 74.00-1-9 be added to Schuyler County Agricultural District #2, and that the Commissioner of
NYS Department of Agriculture and Markets certify this inclusion.
Vote: 7-0.
RESOLUTION NO. 246 Motion by Larison, Second by Fagan.
RE: RESOLUTION TO SET A PUBLIC HEARING DATE TO REVIEW AND RECEIVE PUBLIC
        COMMENTS ON THE SCHUYLER COUNTY SOLID WASTE MANAGEMENT PLAN 10-YEAR
        UPDATE
        WHEREAS, the Schuyler County Soil Waste Management Plan 10-Year Update has been completed,
 and
        WHEREAS, the public comment period ended on March 22, 2006 with no comments being received,
and
96                                     SCHUYLER COUNTY LEGISLATURE
        WHEREAS, the action is considered a Type II under SEQR Law, requiring no further SEQR review and
is in order for a public hearing.
NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held on Tuesday, August 22, 2006 at 7:00
        p.m. at the Rural Urban Center (208 Broadway, Montour Falls) to review and receive public comments
        on the Schuyler County Solid Waste Management Plan 10-Year Update.
Vote: 7-0.
RESOLUTION NO. 247 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE AMENDING THE 2006 BUDGET FOR THE WATERSHED PROTECTION
        DISTRICT
        WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation Districts budget needs to be
amended to allow for certain upcoming expenses.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
amend the 2006 Watershed Protection District budget, as follows:
        AMOUNT           ACCOUNT NO.            DESCRIPTION
        +$26,000         8740.400               Contractual Expense
        +$26,000         8740-1030              Special Assessments
Vote: 7-0.
RESOLUTION NO. 248 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE AMENDING THE 2006 BUDGET FOR THE SOUTHERN TIER TOBACCO
        AWARENESS GRANT – BUILDINGS AND GROUNDS
        WHEREAS, the Human Resources Director applied for and received a grant from the Southern Tier
Tobacco Awareness Community to purchase smoking receptacles and signs, to be placed 50 feet from county
building entrances, and
        WHEREAS, said purchases and work will be performed by the Buildings and Grounds Department.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
amend the 2006 Buildings and Grounds budget as follows:
        AMOUNT                           ACCOUNT NO.                  DESCRIPTION
        +$3,281.00                       1620.427                     Maintenance Supplies
        +$3,281.00                       1620-1289                    Other Gov. Departmental Income
Vote: 7-0.
RESOLUTION NO. 249 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE AN AGREEMENT WITH THE VILLAGE OF WATKINS GLEN FOR THE
        PLACEMENT OF A STORM WATER RUN OFF AT SENECA HARBOR PARK – BUILDINGS
        AND GROUNDS
        WHEREAS, the Village of Watkins Glen and the County have agreed to terms to allow for a storm
water run off from Village streets across Seneca Harbor Park to Seneca Lake.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign
said agreement with the Village of Watkins Glen for the placement of a storm water run off at Seneca Harbor
Park. The Village will pay $12,000 of the $87,000 cost incurred by the County; agreement subject to approval
of the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 250 Motion by Yuhasz, Second by Bleiler.
RE: RECOGNIZE SEPTEMBER AS CHOLESTEROL EDUCATION MONTH – PUBLIC HEALTH
        WHEREAS, high blood cholesterol increases the chance of having a heart attack or some other sign of
heart disease, and
        WHEREAS, there are no signs or symptoms of high blood cholesterol so many people don‟t know that
their cholesterol level is too high, and
        WHEREAS, high blood cholesterol is diagnosed by checking cholesterol levels in your blood, and
        WHEREAS, high LDL (Low Density Lipoprotein) cholesterol leads to a buildup of cholesterol in arteries
and the higher the LDL level in blood the greater the chance of getting heart disease, and
                                         PROCEEDINGS OF THE YEAR 2006                                           97
        WHEREAS, HDL (high density lipoprotein) carries cholesterol from other parts of the body back to the
liver, which removes the cholesterol from the body, which lowers the chance of getting heart disease.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recommends that
everyone age 20 and older have their cholesterol levels checked, if they haven‟t already done so.
Vote: 7-0.
RESOLUTION NO. 251 Motion by Yuhasz, Second by Bleiler.
RE: RECOGNIZE SEPTEMBER AS PROSTATE CANCER AWARENESS MONTH – PUBLIC HEALTH
        WHEREAS, prostate cancer is the most commonly diagnosed non-skin cancer in American men, and
        WHEREAS, it is the second greatest cause of cancer related death for men, second only to lung cancer, and
        WHEREAS, in 2006 approximately 234,460 men will be diagnosed with prostate cancer and approximately
27,350 will die as a result of the disease, which is down 10% from 2005 figures, and
        WHEREAS, almost 100% of men diagnosed with prostate cancer are still alive in 5 years, (not including
those who died from other causes), and
        WHEREAS, over 90% of prostate cancer cases are found while the cancer is still either local or regional,
and
        WHEREAS, in cases where the cancer has spread to distant arts of the body, 34% survive 5 years, and
        WHEREAS, screening for prostate cancer takes less than 10 minutes and is covered by most health
insurances.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature encourages the male
population over 50 years of age to be screened for prostate cancer annually and declares September 2006 as
National Prostate Cancer Awareness Month.
Vote: 7-0.
RESOLUTION NO. 252 Motion by Yuhasz, Second by Bleiler.
RE: AUTHORIZE THE CREATION AND FILLING OF A TEMPORARY PART-TIME KEYBOARD
        SPECIALIST POSITION – CIVIL SERVICE
        WHEREAS, the Civil Service Department has received a Local Government Records Management
Improvement Fund grant for $7,241 from the New York State Archives to purge and complete data entry of
inactive personnel and Civil Service files into the PerSoft database, and
        WHEREAS, it is the recommendation of the Personnel Officer that a temporary part-time position be
created to perform the data entry work for the grant, and
        WHEREAS, said position has been appropriately titled a temporary part-time Keyboard Specialist
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
creation and filling of a temporary part-time Keyboard Specialist in the Civil Service Department, at the current
contract rate of $11.70 an hour to work up to 17 hours per week until the grant funds are depleted but no later
than July 31, 2007.
Vote: 7-0.
RESOLUTION NO. 253 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE INCREASING THE ESTABLISH STIPEND FOR CIVIL SERVICE EXAM
        MONITORS – CIVIL SERVICE
        WHEREAS, Resolution No. 375-97 established a stipend for Civil Service Exam Monitors of $10 per
hour, and
        WHEREAS, since the rate has not increased since that time, it is the recommendation of the
Management and Finance Committee and the Personnel Officer that the rate be increased.
        NOW, THEREFORE, BE IT RESOLVED, that the hourly stipend for Civil Service Exam Monitors be
increased to $12, effective January 1, 2007.
Vote: 7-0.
RESOLUTION NO. 254 Motion by Larison, Second by Yuhasz.
RE: ADOPT REVISED SCHUYLER COUNTY SUBSTANCE ABUSE POLICY/DRUG AND ALCOHOL
        TESTING PROGRAM – HUMAN RESOURCES
        WHEREAS, Schuyler County is required to comply with the United States Department of
Transportation Federal Motor Carrier Safety Administration regulations (US DOT FMCSA) for drug and
98                                   SCHUYLER COUNTY LEGISLATURE
alcohol testing, and
        WHEREAS, the County‟s policy is ten years old and is in need of several revisions and updates,
including negotiated pre-employment requirements for temporary employees in the Highway Department, and
        WHEREAS, the Human Resources Department, with assistance from its drug and alcohol testing
administrator, Energetix, recommends the attached revised policy be adopted by the Legislature.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby adopt the
attached policy which shall become part of the Schuyler County Policies and Procedures, and Schuyler County
Highway Manual, and
        BE IT FURTHER RESOLVED, that immediately upon adoption of this policy, the Human Resources
Department shall arrange for the required training, education and distribution of this policy to be given to all
covered employees by Energetix.
Vote: 7-0.
RESOLUTION NO. 255 Motion by Larison, Second by Yuhasz.
RE: APPOINTMENTS – HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
        (HIPAA) ADMINISTRATIVE OVERSIGHT COMMITTEE – HUMAN RESOURCES
        WHEREAS, there are two vacancies on the HIPAA Administrative Oversight Committee, and
        WHEREAS, the HIPAA Administrative Oversight Committee recommends that Tamre Waite, Office
for the Aging and Loren Cottrell, Information Technology Services be appointed to fill said vacancies.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoints Tamre Waite and Loren
Cottrell to the HIPAA Administrative Oversight Committee effective immediately.
Vote: 7-0.
RESOLUTION NO. 256 Motion by Larison, Second by Bleiler.
RE: AMEND DRUG-FREE WORKPLACE POLICY
        WHEREAS, there is language in the Drug-Free Workplace Policy that implies that violation of this
policy will result in discipline without the mandatory hearing and other procedures available to certain
employees as provided for in Section 75 of the Civil Service Law, and
        WHEREAS, it is not the intent of the County to circumvent the application of Section 75 of Civil
Service law in any disciplinary proceeding to which it applies.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the amendment of the Drug-
Free Workplace Policy as indicated in the bold print below:
                                    DRUG-FREE WORKPLACE POLICY
Because Schuyler County (the "County") is a federal grant recipient within the meaning of the Drug-Free
Workplace Act of 1988 (the "Act"), it is required to take certain steps toward maintaining, and to certify to
granting federal agencies that it maintains, a drug-free workplace. In addition the County recognizes drug and
alcohol dependency as an illness and a major health problem for all employees. Accordingly the County adopts
the following policy.
                                            POLICY
The County prohibits its employees from engaging in, the unlawful manufacture, distribution, dispensation,
possession, or use of controlled substances or intoxicants in the workplace. Any employee engaged in such
prohibited conduct, or convicted of a crime involving a workplace drug violation, shall be subject to discipline, up
to and including discharge. The County will weigh all relevant facts and circumstances and will consider relevant
legal constraints in reaching a decision as to discipline. Without regard to, and independent of, its decision to
impose discipline, the County retains the right to require that a covered employee who engages in prohibited
conduct participate in, and successfully complete, a drug abuse assistance or rehabilitation program. As a
condition of continued employment under a federal grant, covered employees must report to their immediate
Supervisor within five (5) days any criminal conviction for a workplace drug violation. In addition, any employee
required to drive a licensed motor vehicle or operate motorized equipment as part of his/her employment, must
report any alcohol or drug related convictions which restrict his/her driving privileges, in any way whatsoever,
whether such conviction occurred on or off County premises or while conducting County or personal business.
The term "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or
                                   PROCEEDINGS OF THE YEAR 2006                                           99
both, by any judicial body charged with the responsibility to determine violations of State, Federal or Local
criminal drug or alcohol statutes.

Nothing contained in this policy statement concerning covered employees shall be construed to limit, or in any
way restrict, the County's treatment of drug/alcohol-related incidents involving any of its employees. The County
will comply with the provisions of Section 75 of the Civil Service Law, when applicable.
The County will establish a drug/alcohol-free awareness program to inform employees about the dangers of drug
and alcohol abuse in the workplace and to review the County's commitment to maintenance of a drug/alcohol-free
workplace, within the meaning of the Act, as well as the penalties that may result from employee drug and alcohol
abuse violations. In addition, the drug/alcohol-free awareness program will apprise employees of the availability
of drug and alcohol rehabilitation counseling through the Schuyler County Mental Health Clinic and other
community agencies as may be appropriate and will review with employees relevant services available through
the County's Employee Assistance Program (EAP).
Employees shall be provided with a copy of this policy statement and shall be required to acknowledge in writing
to the County receipt of this policy, in addition, covered employees shall be required to acknowledge in writing
attendance at the drug/alcohol-free awareness program specified in paragraph 3, above.
It is the intent of the County that the following violations will be reported to law enforcement officials and
penalties for violations of this policy shall be subject to the limitations of Section 75 of the Civil Service
Law, if applicable.
1.      Unauthorized* possession or use of intoxicants or drugs (except with a doctor's prescription) on
        County property.
2.      Working under the influence of intoxicants or drugs (except with a doctor's prescription).
3.      Selling of drugs and/or intoxicants on County property.
Counseling services must be through a duly recognized Alcoholism or Substance Abuse Service Agency.
The County offers an Employee Assistance Program (EAP) that is totally confidential and available to all
employees and their immediate families. The EAP provides professional services to employees whose job
performance is, or may be, adversely affected by alcoholism, emotional difficulties, drug dependence, family
discord or other personal problems.
* - not otherwise authorized by law.
Vote: 7-0.
RESOLUTION NO. 257 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE AGREEMENT WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR
        A PARTNERSHIP FOR YOUTH (APY) ALIGNING THE YOUTH DEVELOPMENT &
        WORKFORCE DEVELOPMENT SYSTEM GRANT – YOUTH BUREAU
        WHEREAS, the Youth Bureau has been awarded $116,900 to implement the above said program in
collaboration with the Chemung County Youth Bureau, Steuben County Youth Bureau, ProAction, Catholic
Charities of Schuyler and Chemung Counties and Workforce New York.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign any and all documents relative to this agreement with Office of Children and Family Services in the
amount of $116,900 for the APY Aligning the Youth Development & Workforce Development System for the
fiscal year 2006-2007; subject to approval by the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 258 Motion by Larison, Second by Bleiler.
RE: APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD
        BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Peggy
Tomassi to the Schuyler County Youth Board for the term of January 1, 2006 through December 31, 2008.
Vote: 7-0.
RESOLUTION NO. 259 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE INCREASE IN FAMILY FOSTER CARE RATES – DEPARTMENT OF SOCIAL
        SERVICES
100                                  SCHUYLER COUNTY LEGISLATURE
         WHEREAS, rates paid to Schuyler County foster parents have not kept pace with rising costs and
increases associated with caring for children, and
         WHEREAS, the proposed rates are still less than the maximum rates authorized by New York State, and
         WHEREAS, funds to cover the increase will be included in the Department‟s 2007 budget, account no.
6109.400 and account no. 6119.400.
         NOW, THEREFORE, BE IT RESOLVED that the following daily foster care rates be adopted effective
January 1, 2007:
                                                                      MAXIMUM STATE
AGE GROUP               FROM                   TO                     AID RATE (MSAR)
0-3 years               $12.77/day             $14.02/day (diapers incl.)    $16.05
4-5 years               $11.22/day             $12.34/day                    $14.37
6-11 years              $12.65/day             $13.92/day                    $17.29
12+ years               $14.74/day             $16.21/day                    $20.02
Special Rate            $24.66/day             $27.13/day                    $34.55
Exceptional Rate        $36.42/day             $40.06/day                    $52.34, and
         BE IT FURTHER RESOLVED, that the annual clothing rates, which are paid in 3, equal allotments in
April, August and December be increased to remain in line with the MSAR.
AGE GROUP                 FROM                 TO                       INSTALLMENT
0-5 years               $303/annually          $331/annually            $110.33
6-11 years              $423/annually          $462/annually            $154.00
12-15 years             $657/annually          $717/annually            $239.00
16+                     $804/annually          $877/annually            $292.33
Vote: 7-0.
RESOLUTION NO. 260 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE AGREEMENT WITH WORK-FORCE NEW YORK FOR OPERATING THE
         WATKINS GLEN ONE-STOP CAREER CENTER – DEPARTMENT OF SOCIAL SERVICES
         WHEREAS, the Chemung-Schuyler-Steuben Workforce New York (CSSWFNY) previously provided
funding for the Watkins Glen One-Stop Career Center, and
         WHEREAS, effective July 1, 2006, funding to CSSWFNY has been cut by the federal/state
governments, with the result that sufficient money is not available in their budget to contract with agencies to
operate the One-Stop, and
         WHEREAS, the One-Stop has been a valuable service to the Department in assisting Temporary
Assistance clients obtain employment, thus reducing the Department‟s Temporary Assistance caseload, and
         WHEREAS, the Department has sufficient funds available in its Flexible Fund for Family Services
allocation to provide up to $12,400 in financial assistance to CSSWFNY through June 30, 2007 at no cost to the
local property taxpayer, providing the number of TANF users of the One-Stop exceeds 50% of the total number
of users, and
         WHEREAS, some local funds may be required during the July-December 2006 period until the number
of TANF users of the One-Stop exceeds 50% of the total users in order to maximize state and federal
reimbursement, and
         WHEREAS, the Department is aggressively pursuing methods to ensure 50% of the users will be TANF
clients, and
         WHEREAS, local funds, if needed to cover the July-December 2006 period, are available in the
Department‟s 2006 budget, account no. 6010.484, and
         WHEREAS, CSSWFNY has agreed to be the lead agency in maintaining the One-Stop presence in
Schuyler County by contracting with Corning Community College (CCC) to operate the One-Stop and contract
with the ARC for space, and
         WHEREAS, CSSWFNY will, in addition to being the lead agency, also provide operational support to
the One-Stop (Internet connection, office supplies, etc.) as well as provide $8,000 to CCC for staffing, and
         WHEREAS, the total cost to operate the One-Stop exceeds $25,000 annually, either through direct
financial assistance or by the partners in the One-Stop making an in-kind contribution.
                                       PROCEEDINGS OF THE YEAR 2006                                       101
       NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature hereby authorizes the
Chairman of the Legislature to enter into an agreement with CSSWFNY, on behalf of the Department of Social
Services, to maintain the Watkins Glen One-Stop Career Center through June 30, 2007 at a cost not to exceed
$12,400, subject to approval by the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 261 Motion by Larison, Second by Yuhasz.
RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF DIX –
       REAL PROPERTY TAX
       WHEREAS, an application for correction of real property taxes has been made in accordance with
Section 556 of the Real Property Tax Law (RPTL) for parcel 104.00-1-28.1, owned by Gary and Susan Neal in
the Town of Dix, and
       WHEREAS, the property owners allege that the assessment for that parcel as it appears on the 2005
assessment roll, and subsequently on the 2006 County/Town tax roll, includes the value of an improvement that
was not there on the applicable Taxable Status Date, and
       WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and
found that the inclusion of the value of the nonexistent improvement constitutes an error in essential fact as
defined by RPTL Section 550(3)(b), and
       WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental
Operations Committee that the application for correction be approved.
       NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves of the
application for correction, and that the corrected 2006 tax appears as follows:
                    2006      Original          Tax    Corrected       Tax
                    Rates     Assessed          Due    Assessed        Due     Difference
 County
 Services        7.030150     $139,000      $977.19      $25,400    $178.57
 Local Share –
 Medicaid        4.535695     $139,000      $630.46      $25,400    $115.21
 Total County                              $1,607.65                $293.78     $1,313.87

 Dix – Outside   5.178669     $139,000      $719.83      $25,400    $131.54
 FD011           2.375715     $139,000      $330.22      $25,400     $60.34
 Total Town                                $1,050.05                $191.88      $858.17

 School Relevy                             $2,698.50                $493.11

 Total Bill                                $5,356.20                $978.77     $4,377.43
, and
        BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby directed to make all
applicable chargebacks to the Town of Dix and the Watkins Glen Central School District.
Vote: 7-0.
RESOLUTION NO. 262 Motion by Larison, Second by Fagan.
RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 THE YEAR 2006 PROVIDING FOR PARTIAL
        EXEMPTION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE
        RESIDENTIAL-COMMERCIAL URBAN EXEMPTION
        WHEREAS, Local Law Intro. No. 2/Local Law No. 3 of the Year 2006 Providing for partial exemption
by the County of Schuyler of Real Property receiving the Residential-Commercial Urban Exemption was
heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to
be held August 14, 2006 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 the Year 2006,
in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
102                                    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 2006, together with
the required text thereof in the official county newspaper.
                   LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2006
         A local law providing for partial exemption by the County of Schuyler of Real Property Receiving the
Residential-Commercial Urban Exemption.
         Be it enacted by the County Legislature of the County of Schuyler, as follows:
SECTION 1: LEGISLATIVE INTENT.
The purpose of this Local Law is to provide real estate tax relief to real property receiving the Residential –
Commercial Urban Exemption.
SECTION 2: LEGISLATIVE AUTHORITY.
This Local Law is enacted pursuant to the provisions of Section 485-a of the RPTL of the State of New York.
SECTION 3: SHORT TITLE.
This Local Law shall hereafter be known as the Residential – Commercial Urban Exemption Law.
SECTION 4: DEFINITIONS
A. “Applicant” means any person obligated to pay real property taxes on the property for which an exemption
from real property taxes pursuant to this Local Law is sought.
B. “Commercial construction work” means the modernization, rehabilitation, expansion or other improvement
of the portion of mixed-use property to be used for commercial purposes.
C. “Commercial purpose or use” means the buying, selling or otherwise providing of goods or services,
including hotel services, or other lawful business or commercial activities permitted in mixed-use property.
D. “Mixed-use property” means property on which will exist, after completion of residential construction work
or a combination of residential construction work and commercial construction work, a building or structure
used for both residential and commercial purposes.
E. “Person” means an individual, corporation, limited liability company, partnership, association, agency, trust,
estate, foreign or domestic government or subdivision thereof, or other entity.
F. “Residential construction work” means the creation, modernization, rehabilitation, expansion or other
improvement of dwelling units, other than dwelling units in a hotel, in the portion of mixed-use property to be
used for residential purposes.
SECTION 5: REAL PROPERTY TAX EXEMPTION.
A. Non-residential real property, upon conversion to mixed-use property, shall be exempt from taxation and
special ad valorem levies by Schuyler County to the extent provided in this section.
         1. For a period of twelve years from the approval of an application, the increase in assessed value of
         such property attributable to such conversion shall be exempt as provided in paragraph 2 of this
         subdivision. Such exemption shall be computed with respect to the “exemption base”. The exemption
         base shall be determined for each year in which there is an increase in assessed value so attributable
         from that of the previous year‟s assessed value.
         3. The following table shall illustrate the computation of the tax exemption:
         Year of exemption              Percentage of exemption
         1 through 8                    100% of exemption base
         9                              80% of exemption base
         10                             60% of exemption base
         11                             40% of exemption base
         12                             20% of exemption base
B. No exemption shall be granted unless:
         1. such conversion was commenced subsequent to the date on which this local law takes effect; and
         2. the cost of such conversion exceeds the sum of ten thousand dollars.
C. For purposes of this section, the term conversion shall not include ordinary maintenance and repairs.
D. No such exemption shall be granted concurrent with or subsequent to any other real property tax exemption
granted to the same improvements to real property, except, where during the period of such previous exemption,
payments in lieu of taxes or other payments were made to the county in an amount that would have been equal
                                       PROCEEDINGS OF THE YEAR 2006                                            103
to or greater than the amount of real property taxes that would have been paid on such improvements had such
property been granted an exemption pursuant to this section. In such case, an exemption shall be granted for a
number of years equal to the twelve year exemption granted pursuant to this section less the number of years the
property would have been previously exempt from real property taxes.
SECTION 6: APPLICATION PROCESS.
A. Such exemption shall be granted only upon application by the owner of such real property on a form
prescribed by the state board, and shall be filed with the assessor of the municipality having the power to assess
property for taxation on or before the appropriate taxable status date of such municipality.
B. If the assessor is satisfied that the applicant is entitled to an exemption pursuant to this section, he or she
shall approve the application and such real property shall thereafter be exempt from taxation and special ad
valorem levies as in this section provided commencing with the assessment roll prepared after the taxable status
date referred to in subdivision A of this section. The assessed value of any exemption granted pursuant to this
section shall be entered by the assessor on the assessment roll with the taxable property, with the amount of the
exemption shown in a separate column.
SECTION 7: VALIDITY.
If any section, subsection, paragraph, clause, sentence or phrase of this Local Law is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such decision shall not affect the validity of the remaining portion thereof.
SECTION 8: EFFECTIVE DATE.
This Local Law shall take effect immediately.
DISCUSSION: Legislator Bleiler stated to Barbara Halpin that if this was tied to Empire Zone he had some
concerns. He stated that if someone was to develop a property for the purpose of creating jobs and receive tax
breaks from the State of New York, then the County does not loose money, but if we give an abatement, then
the State will receive the break and it will cost the County money. We end up giving the State a break. Ms.
Halpin replied that in 2007, the State will be making it harder to get certified for an Empire Zone and fewer
people will be able to take advantage of it. Legislator Bleiler stated that then there would no connection to the
zone and it would be okay. He also said that a statement needed to be made in regards to residential property on
top of a business property, such as buildings on the Main Street in the Village of Odessa. No one has ever made
use of or improved them and maybe by offering an incentive such as this abatement on potential development, it
would encourage people to improve the property and in the long run the County would benefit. Legislator
Fagan also added that there are strict fire code laws for these buildings and this will help. In order for these
businesses to meet these laws it is very costly. He feels this should also help encourage sales tax growth and
then end up with a domino effect by bringing businesses into the community.
Vote: 7-0.
RESOLUTION NO. 263A Motion by Karius, Second by Bleiler.
RE: MOTION TO TABLE RESOLUTION NO. 263
        BE IT RESOLVED, that Resolution No. 263 be tabled for further discussion.
Vote: 7-0.
RESOLUTION NO. 263 Motion by Karius, Second by Bleiler.
RE: LOCAL LAW INTRO. NO. 3 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION
        FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE
        INFRASTRUCTURE EXEMPTION - TABLED
        WHEREAS, Local Law Intro. No. 3/Local Law No. of the Year 2006 Providing for partial exemption
from taxation by the County of Schuyler of Real Property receiving the Infrastructure Exemption was
heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to
be held August 14, 2006 at 7:05 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.                      of the Year
2006, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
104                                    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. 3/Local Law No.            of the Year 2006, together with
the required text thereof in the official county newspaper.
                 LOCAL LAW INTRO. NO. 3/LOCAL LAW NO.                       OF THE YEAR 2006
        A local law providing for partial exemption by the County of Schuyler of Real Property Receiving the
Infrastructure Exemption.
        Be it enacted by the County Legislature of the County of Schuyler, as follows:
SECTION 1: LEGISLATIVE INTENT.
The purpose of this Local Law is to provide real estate tax relief to real property receiving the Infrastructure
Exemption.
SECTION 2: LEGISLATIVE AUTHORITY.
This Local Law is enacted pursuant to the provisions of Section 485-g of the RPTL of the State of New York.
SECTION 3: SHORT TITLE.
This Local Law shall hereafter be known as the Infrastructure Exemption Law.
SECTION 4: REAL PROPERTY TAX EXEMPTION.
A. Residential building lots which are part of a subdivision plat for residential development which includes
infrastructure intended to be dedicated to the municipal corporation or a special district thereof in accordance
with the provisions of this section shall be exempt from taxation to the extent of the increased assessed value of
such lots resulting from the addition of such infrastructure for a period until the issuance of a certificate of
occupancy but in no event longer than three years from granting of the exemption herein, which certifies that a
residence is constructed on a building lot in such subdivision. Such exemption shall be the value of the
infrastructure proportionately applied to each of the lots in the subdivision. Upon issuance of the certificate of
occupancy but in no event longer than three years from granting of the exemption herein, the exemption
provided by this subdivision shall lapse.
B. For purposes of this section infrastructure shall be comprised of the following public facilities which are
intended to be dedicated to the municipal corporation or a special district thereof: streets, storm and sanitary
sewers, drainage facilities and any other facilities required by the municipality to be installed in such residential
subdivision as noted on the filed plat plan for such residential subdivision.
SECTION 5: APPLICATION PROCESS.
A. Such exemption shall be granted only upon application by the owner of the real property on a form
prescribed and made available by the office of real property services. The applicant shall file the information as
required by the office of real property services. The application shall be filed with the assessor of the
appropriate assessing unit. Such application shall be filed on or before the appropriate taxable status date of
such assessing unit and not later than one year from the date of completion of such construction, installation or
improvement. On approved subdivision lots in which such infrastructure has been completed as of the effective
date of the local law or school district resolution providing that the exemption under this section shall be
applicable within its jurisdiction and for which a certificate of occupancy has not been issued, application shall
be made within one year from the effective date of such local law or school district resolution.
B. If the assessor receives an application by the owner of the real property, and is satisfied that the applicant is
entitled to an exemption pursuant to this section, the assessor shall approve the application and such real
property shall thereafter be exempt from taxation as herein provided commencing with the assessment roll
prepared after the taxable status date referred to in subdivision A of this section. The assessed value of any
exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the
taxable property, with the amount of the exemption entered in a separate column.
SECTION 6: VALIDITY.
If any section, subsection, paragraph, clause, sentence or phrase of this Local Law is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such decision shall not affect the validity of the remaining portion thereof.
SECTION 7: EFFECTIVE DATE.
This Local Law shall take effect immediately.
RESOLUTION NO. 264 Motion by Karius, Second by Fagan.
                               PROCEEDINGS OF THE YEAR 2006                                         105
RE:    AMEND RESOLUTION NO. 236-06 TITLED “APPOINT SCHUYLER COUNTY ELECTION
       INSPECTORS” AND ACKNOWLEDGE ADDITIONAL APPOINTMENTS – BOARD OF
       ELECTIONS
       WHEREAS, per Resolution No. 236-06 the Legislature appointed Schuyler County Election Inspectors,
and
        WHEREAS, per the Board of Elections guidelines the appointment of the election inspectors are to be
done by the Commissioners and the Legislature is to acknowledge the appointments recommended by the
Commissioners.
        NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 236-06 is amended to change the
following title and sentences to now read as follows below in bold:
        “ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS
        WHEREAS, Election Inspectors need to now be appointed by the local Board of Elections and
acknowledged by the County Legislative Body by resolution, and
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby
acknowledges the appointment of the following individuals as Schuyler County Election Inspectors for a
one-year term commencing July 15, 2006 through July 14, 2007:”, and
        BE IT FURTHER RESOLVED, that upon after completing the necessary training and upon certification
the Schuyler County Board of Election Commissioners have made a recommendation of fourteen additional
individuals to be appointed as election inspectors.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges
the appointment of the following individuals as Schuyler County Election Inspectors for a one-year term
commencing July 15, 2006 through July 14, 2007:
Elizabeth Cole (D)                    Lois J. P. Brown (R)
Mary Cook (D)                         Richard S. Brown (R)
Edythe Jones (D)                      Mary Kelly (R)
Joan Martin (D)                       Ellen Mathers (R)
Marion Nicastro (D)                   Frederick Mockler (R)
Rosemary Paterson (D)                 Kathryn Naylor-Haight (R)
                                      Ida Smalley (R)
                                      Phyllis Welshans (R), and
        BE IT FURTHER RESOLVED, that per Resolution No. 351-05, the Legislature agrees to pay all
election inspectors working for the County, the rate of $100.00 for a primary election, $150.00 for a general
election, and $25 for each mandated training session.”
Vote: 7-0.
RESOLUTION NO. 265 Motion by Karius, Second by Fagan.
RE: AMEND RESOLUTION NO. 214-06 TITLED “AUTHORIZE AGREEMENT WITH THE NEW
        YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE NARCOTICS
        CONTROL GRANT – DISTRICT ATTORNEY‟S OFFICE”
        WHEREAS, Resolution No. 214-06 authorized an agreement with the New York State Division of
Criminal Justice Services for the Narcotics Control Grant in the amount of $47,575 with a county match of
$7,054, and
        WHEREAS, said grant total amount is $49,333 with grant funding in the amount of $37,000 with a local
match of $12,333.
        NOW, THEREFORE, BE IT RESOLVED, that the Now, Therefore, Be it Resolved clause in Resolution
No. 214-06 now read as follows:
         “NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized
to sign a contract with the New York State Division of Criminal Justice Services for a Narcotics Control Grant,
with a term of April 1, 2006 through March 31, 2007, in the amount of $49,333 with grant funding in the
amount of $37,000 with a local match of $12,333, to be comprised of in-kind services, subject to approval by
the Schuyler County Attorney.”
Vote: 7-0.
106                                  SCHUYLER COUNTY LEGISLATURE
RESOLUTION NO. 266 Motion by Karius, Second by Fagan.
RE: AGREEMENT TO BE LOCAL SPONSOR FOR SNOWMOBILE TRAILS GRANT APPLICATION
        FOR SNOWMOBILE CLUBS FOR 2006-2007
        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
2006-2007-grant application.
Vote: 7-0.
RESOLUTION NO. 267 Motion by Fagan, Second by Bleiler.
RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND
        SALARY RANGES
        WHEREAS, the Management/Confidential Salary Plan (M/CSP) states that the salary ranges may be
increased each year by the rate of the Cost of Living Adjustment (COLA) from the July Bureau of Labor
Statistics Data Report, Consumer Price Index, and applied using the same methodology as the Federal
Government, and
        WHEREAS, the COLA for the period April-May-June, 2006 was determined to be 4.8%, and
        WHEREAS, the County Administrator and Human Resources Director recommend that the Legislature
adopt a 4% COLA for Management/Confidential Salary Plan purposes.
        NOW, THEREFORE, BE IT RESOLVED, that the Factor Rating System and Salary Ranges chart shall
be amended to reflect this change as per attached chart, effective January 1, 2007.
                                          FACTOR RATING SYSTEM
                                            AND SALARY RANGES
               POINTS                          GRADE                 MIN            MID         MAX_
               1026 – 1100                           M               70,619         80,112      89,625
                 951 – 1025                          L               65,182         74,688      84,193
                  876 – 950                          K               59,749         69,256      78,762
                  801 – 875                          J               54,317         63,825      73,330
                  726 – 800                          I               48,888         58,394      67,898
                  651 – 725                          H               43,455         52,282      61,109
                  576 – 650                          G               39,381         48,888      58,394
                  501 – 575                          F               36,664         45,492      54,317
                  426 – 500                          E               33,949         42,096      50,244
                  351 – 425                          D               31,234         38,703      46,173
                  276 – 350                          C               28,518         35,307      42,096
                  202 – 275                          B               25,801         32,592      39,381
Vote: 7-0.
RESOLUTION NO. 268 Motion by Fagan, Second by Bleiler.
RE: AUTHORIZE APPOINTMENT – SCHUYLER COUNTY ADMINISTRATOR
        WHEREAS, Local Law No. 3 of the year 1999 provides that the initial term of office for County
Administrator shall commence on the date of appointment, and expire on December 31 of the year following
appointment, with any subsequent terms of office to be for four (4) years, and
        WHEREAS, the incumbent‟s initial term will expire December 31, 2006 and it is the desire of this
                                       PROCEEDINGS OF THE YEAR 2006                                         107
Legislature to authorize his re-appointment.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints
Timothy O‟Hearn as Schuyler County Administrator for the term January 1, 2007 through December 31, 2010,
with a 2007 annual salary of $90,000.
Vote: 7-0.
RESOLUTION NO. 269 Motion by Fagan, Second by Bleiler.
RE: AUTHORIZE AGREEMENT WITH ANN CLARKE FOR ADDITIONAL CONSULTANT
        SERVICES FOR A SCHUYLER COUNTY TRANSPORTATION STUDY
        WHEREAS, Resolution No. 108 authorized an agreement with Ann Clarke Consultant Services for a
Schuyler County Transportation Study, and
        WHEREAS, the transportation sub committee recommends hiring Ann Clarke for additional consultant
work to help finalize the study, and
        WHEREAS, funding is available in the 2006 budget in account no. 5630.400-5630-Transit Needs to pay
for said agreement.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign an agreement with Ann Clarke to provide additional consulting services, to be paid $75 an hour, in an
amount not to exceed $1,875, subject to approval by the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 270 Motion by Larison, Second by Fagan.
RE: ACCEPT PROPOSAL AND AUTHORIZE AGREEMENT WITH NELSON/NYGAARD FOR A
        TRANSIT NEEDS ASSESSMENT
        WHEREAS, Resolution No. 135 authorized request for proposals for a county-wide transit needs
assessment, and
        WHEREAS, said proposals were received and reviewed by the transportation sub committee and it is the
committee‟s recommendation that the proposal from Nelson/Nygaard be accepted.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the
proposal from Nelson/Nygaard in the amount of $36,911, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an
agreement with Nelson/Nygaard in the amount of $36,911 for a transit needs assessment, funding is available in
the 2006 budget in account no. 5630.400-5630-Transit Needs to pay for said agreement; subject to approval by
the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 271 Motion by Larison, Second by Fagan.
RE: RESOLUTION APPROVING THE FORMATION OF A LOCAL DEVELOPMENT CORPORATION
        TO SPONSOR A PROPOSED OFFICE BUILDING CONSTRUCTION PROJECT AND
        APPOINTING INITIAL DIRECTORS
        WHEREAS, pursuant to Section 1411(a) of the Not-for-Profit Corporation Law (the “Act”), the County
of Schuyler (the “County”) is empowered to establish a local development corporation for the several charitable
and public purposes, including: (i) relieving and reducing unemployment; (ii) promoting and providing for
additional and maximum employment; (iii) bettering and maintaining job opportunities; (iv) assisting
individuals to improve or develop their capabilities for such jobs; and (v) lessening the burdens of government
and acting in the public interest, and
        WHEREAS, pursuant to the Act, the County desires to cause the formation of a local development
corporation (the “Corporation”), which will operate independent of the County as a bankruptcy remote entity
with the Chairman of the County Legislature (the “Chairman”) serving ex officio as the sole member thereof,
for the exclusive purpose of undertaking the planning, design, engineering, acquisition, finance, construction
and operation of a proposed office building facility to be located within the County (the “Project”), and
        WHEREAS, it is proposed that the Corporation, whose Directors shall be appointed by the County, will
lease office space within the Project to the County for County governmental purposes and also lease portions of
the Project certain social service agencies, including the County Workforce Development Office, County-based
Head Start Program, Cornell Cooperative Extension, and a County-based Rape Crisis Center (the “Agencies”).
108                                   SCHUYLER COUNTY LEGISLATURE
         NOW, THEREFORE, BE IT RESOLVED, that the County hereby determines that the Corporation‟s
undertaking of the Project and the lease of office space to the County and the Agencies are consistent with and
in furtherance of the public purposes and powers set forth within the Act, and
         BE IT FURTHER RESOLVED, that the formation of the Corporation pursuant to the Act is hereby
approved and the Chairman is authorized and directed to take all actions on behalf of the County, as the sole
member of the Corporation, to cause the incorporation and organization of the Corporation, and
         BE IT FURTHER RESOLVED, that the following individuals are appointed as the initial voting
directors of the Corporation:
1.       Thomas M. Gifford, Chairman of the Legislature – August 15, 2006 through December 31, 2006
2.       Timothy O‟Hearn, County Administrator - August 15, 2006 through December 31, 2010
3.       Margaret Starbuck, County Treasurer – August 15, 2006 through December 31, 2007, and
         BE IT FURTHER RESOLVED, that all voting and non-voting directors of the Corporation shall be
appointed from time to time by the County, through the Chairman, and
         BE IT FURTHER RESOLVED, that the County hereby authorizes the engagement of Harris Beach
PLLC to provide certain legal and transaction counsel services to the County in connection with the Project
upon such terms as may be authorized by the Chairman and the County Administrator, and
         BE IT FURTHER RESOLVED, that the Directors and Officers of the Corporation are authorized,
empowered and directed to take all actions and to execute all documents as may be necessary or advisable and
proper to carry on the business of the Corporation.
DISCUSSION: Legislator Slusser said he noticed that only three members were appointed and wondered about
when the other members would be appointed. Administrator O‟Hearn stated that the additional appointment(s)
would be occurring at the Organizational meeting for the Local Development Corporation.
Vote: 7-0.
RESOLUTION NO. 272 Motion by Fagan, Second by Larison.
RE: MOTION TO BRING THREE (3) RESOLUTIONS TO THE FLOOR
         BE IT RESOLVED, that three (3) additional Resolutions be brought to the floor.
Vote: 7-0.
RESOLUTION NO. 273 Motion by Larison, Second by Bleiler.
RE: LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. OF THE YEAR 2006 AUTHORIZING A LEASE
         PERIOD IN EXCESS OF COUNTY LAW §215 TERM LIMIT
         WHEREAS, County Law §215 sets a term limit for leases-option agreements for terms no more than
five (5) years, and
         WHEREAS, in order for the newly created Local Development Corporation (LDC) to successfully lease
office space within the proposed office building facility to be located within the County to the County for
County governmental purposes, the Schuyler County Legislature requires authorization for a lease period in
excess of County Law §215 term limit of five (5) years.
         NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4 of the year 2006 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
September 11, 2006 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 2006
         A local law authorizing a lease period in excess of County Law §215 term limit.
         Be it enacted by the County Legislature of the County of Schuyler, as follows:
SECTION 1
Short Title. This local law shall be known by its short title: “AUTHORIZE LEASE / CL§215. (3)
SECTION II
Purpose.
     1. The purpose hereof shall be to authorize the County of Schuyler to enter into a lease of real property for
         whatever term the contracting parties may find mutually acceptable.
                                        PROCEEDINGS OF THE YEAR 2006                                               109
    2. Parties. The county may enter a lease or lease/option agreement with any lawfully constituted entity,
        public or private, to include a Local Development Corporation formed under §1411 of the Not-For-
        Profit Corporations Law.
SECTION III
Conditions. Acting in accordance with this local law, the Schuyler County Legislature shall be empowered to
enter into a real property lease, including lease-option agreements for terms in excess of five (5) years. 1 All
conditions and provisions of such leases shall be determined by negotiation and mutual agreement of the Lessor
and Lessee.
SECTION IV
Funding. Lease funding: The Schuyler County Legislature is hereby authorized to expend funds in pursuance
of the object of this local law and to budget accordingly and to commit funds for a lease deposit, other
transaction costs and acquisition costs.
SECTION V
Lease Provisions. The provisions of any lease authorized hereby shall be jointly reviewed and approved by the
Schuyler County Administrator, the Schuyler County Attorney and counsel for the LDC or other contracting
entity.
SECTION VI
Severability.     If any portion of this law shall be declared invalid by a court of competent jurisdiction the
remaining sections shall remain in full force and effect.
This local law shall be effective immediately upon filing with the Secretary of State
DISCUSSION: Legislator Slusser inquired as to why there was no time limit listed in the resolution. County
Attorney Coleman stated that it is listed generically to allow for the maximum amount of time.
Vote: 7-0.
RESOLUTION NO. 274 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE AGREEMENT WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE
        SERVICES FOR THE NEW YORK STATE CRIME VICTIMS BOARD GRANT FUNDS FOR 2006-
        2009 - DISTRICT ATTORNEY‟S OFFICE
        WHEREAS, the New York State Crime Victims Board has grant funding available to assist the Schuyler
County District Attorney‟s Office in its efforts to ensure that crime victims are fully informed as to the status of
matters in the criminal justice system, to ensure that victims are heard, and to ensure that victims receive
services from advocates, therapists, counselors and others as necessary to help them recover from victimization,
and
        WHEREAS, the total awarded amount of the grant is $132,877 for the three year term with a county
match of 20% (10% in-kind -10% to be funded from the District Attorney budget).
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign a contract with the New York State Division of Criminal Justice Services in the amount of $132,877, with
a contract term of October 1, 2006 through September 30, 2009, subject to approval by the Schuyler County
Attorney.
DISCUSSION: Legislator Bleiler asked the Clerk if she was able to confirm figures and information with the
Human Resource Department. The Clerk stated that she did review the information with Human Resources.
Legislator Bleiler stated to the rest of the Legislative Board that this is one of the Resolutions that were missing
during the Legislative Review Committee Meeting.
Vote: 7-0.
RESOLUTION NO. 275 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE INCREASING THE PART TIME CRIME VICTIMS COORDINATOR POSITION TO
        FULL TIME - DISTRICT ATTORNEY‟S OFFICE
        WHEREAS, the New York State Crime Victims Board has approved a grant for the Schuyler County
District Attorney‟s Office to assist in its efforts to ensure that crime victims are fully informed as to the status of
110                                   SCHUYLER COUNTY LEGISLATURE
matters in the criminal justice system, to ensure that victims are heard, and to ensure that victims receive
services from advocates, therapists, counselors and others as necessary to help them recover from victimization,
and
        WHEREAS, the current Crime Victims Coordinator position is part-time, 20 hours per week, and the
Crime Victims Board has allocated additional funds for the purpose of making the Crime Victims Coordinator
position full-time (based on a 35 hour work week), and
        WHEREAS, the cost of the increase in the position will be 80% funded by the New York State Crime
Victims Board grant and the remainder will be funded from the 2006 District Attorney budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
increase of the part-time Crime Victims Coordinator position to a full-time position, at the current hourly rate
and pay set forth in the Administrative Unit Contract, effective October 1, 2006, contingent upon continued
grant funding.
Vote: 7-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
        Legislator Larison reported on the Human Services Committee. He informed the legislators and public
that the Blue Note Youth Café is now open on Franklin Street.
        Legislator Fagan reported on the Community Development & Natural Resource Committee. He
provided an update on the Transportation sub committee stating that there was a meeting in Albany regarding
the Department of Transportation funding and the Committee will be getting together to finalize the project
soon.
COUNTY ADMINISTRATOR’S REPORT:
        County Administrator O‟Hearn provided an update on the monthly Council of Government meetings
and stated that later this week they will be meeting again to discuss the County wide assessment services. There
will also be discussion on the Board of Elections and HAVA requirements with the new September mandates
that will be starting with the election custodians. O‟Hearn will be making the towns aware of the mandates for
appointing the election custodians and will be asking them to make recommendations for the Special Meeting
on August 30th, which will be prior to the primary election.
        O‟Hearn also reported that he will be traveling to Tioga County with several other Department Heads
representing the Sheriff‟s Department, Treasurers office, Health Services, Department of Social Services and
the Information Technology Department. They will be providing an overview of Schuyler County‟s
Performance Based Budget.
        He also provided an update on the Records Management Grant stating that they have not heard about the
grant, but they are proceeding with a new facility. He has met with the Watkins Glen School District and
recently found out that the State Education Department‟s approval will be needed to be able to utilize the
proposed location at the former Bus Garage. This approval could take up to six months. He also noted that the
approval won‟t affect the grant. The State will see that this is unoccupied space, which should be a positive
outlook. Mike DeNardo from the school district is in the process of drafting documents and David Lisk,
Building Maintenance Supervisor, is requesting a proposal from HUNT Engineers.
        Legislator Bleiler reminded everyone that the building was originally designated to be eliminated back
when the School was doing their renovation plans. Chairman Gifford stated that they also had plans to use the
building for storage. Legislator Yuhasz stated that back when Dr. Pete was with the School District, he wanted
to use it for administrative offices.
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 7:25 P.M.
                Stacy B. Husted, Clerk
                Sharlene A. Parker, Deputy Clerk

                                             PUBLIC HEARING
                                              AUGUST 22, 2006
                                     PROCEEDINGS OF THE YEAR 2006                                           111

        The August 22, 2006 Public Hearing on the Solid Waste Management Plan Ten Year Update was called
to order at 7:00 p.m. at the Rural Urban Center, Montour Falls, NY. Legislator Fagan, the Clerk of the
Legislature and Jenna Hicks, Environmental Educator/Planning Assistant of the Schuyler County Cornell
Cooperative Extension were present. No one from the public attended. Jenna gave a brief presentation on the
update for the next twenty years, which is on file in the Legislative Office. Legislator Fagan commented on
how there are some clerical changes since 2002 that should be changed before making the update complete. He
also felt there needed to be more implementation or effort by the Environmental Educator to increase the
schools awareness of recycling. He suggested that the program start with elementary children, who in turn
educate the parents. He would like to see that effort made and suggested that an assessment be done of the three
school districts in Schuyler County on their recycling habits and schedule a meeting with the three school
boards to discuss implementing some educational classes on the subject.
        The public hearing adjourned at 7:43 p.m.
                Stacy B. Husted, Clerk

                                            SPECIAL MEETING
                                             AUGUST 30, 2006

        The August 30, 2006 Special Meeting of the Schuyler County Legislature was called to order at 9:20
a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment
of Silence. All Legislators were present except Legislator Karius who was absent and Legislator Bingell who
was excused. County Attorney Coleman and County Administrator O‟Hearn were also excused.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 276 Motion by Larison, Second by Fagan.
RE: RATIFICATION OF SPECIAL MEETING
        BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon
the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the
following items of business:
        1.     ACCEPT/REJECT BIDS FOR THE CONSTRUCTION OF THE COUNTY ROUTE 5
               BRIDGE REPLACEMENT PROJECT – HIGHWAY DEPARTMENT
        2.     ACKNOWLEDGE APPOINTMENTS OF VOTING MACHINE CUSTODIANS – BOARD OF
               ELECTIONS
Vote: 5-0.
RESOLUTION NO. 277 Motion by Larison, Second by Yuhasz.
RE: ACCEPT/REJECT BIDS FOR THE CONSTRUCTION OF THE COUNTY ROUTE 5 BRIDGE
        REPLACEMENT PROJECT – HIGHWAY DEPARTMENT
        WHEREAS, Resolution No. 139-06 authorized the advertising for bids for construction of the County
Route 5 Bridge Replacement project, and
        WHEREAS, bids were opened on August 22, 2006 and reviewed with the recommendation being made
by Barton & Loguidice Consulting Engineers to accept the low bid from Ramsey Constructors, Inc.
        NOW THEREFORE, BE IT RESOLVED, upon recommendation of the Public works Committee, the
Schuyler County Legislature accept the following low bid from Ramsey Constructors, Inc. for the County Road
5 Bridge Replacement over Tug Hollow Creek at the low bid price of $546,534.00, funding available in the
2006 budget account no. 5120.524, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a
contract with Ramsey Constructors, Inc. for the Construction of County Route 5 Bridge Replacement in the
amount of $546,534.00, subject to approval of the Schuyler County Attorney, and
        BE IT FURTHER RESOLVED that the all other bids be rejected, with a note of appreciation for their
participation.
Vote: 5-0.
Legislator Bleiler in at 9:25 a.m.
112                                  SCHUYLER COUNTY LEGISLATURE
RESOLUTION NO. 278A Motion by Bleiler, Second by Larison.
RE: MOTION TO AMEND RESOLUTION NO. 278
        BE IT RESOLVED, that Resolution No. 278 be amended to add at the end of the first paragraph “to be
funded by the Board of Elections budget”, and that it be amended to add an additional Be It Further Resolved
clause to read as follows:
        “BE IT RESOLVED, that the towns may offer additional compensation.”
DISCUSSION: Legislator Slusser asked what the custodians do. Legislator Larison explained that they set up
the machines, be there for a re-count if there is one, be on-call during the election and be there to close the
machines down. Legislator Slusser asked if the custodians will be needed with the new machines next year.
Legislator Larison said yes, and they will have to be trained on the new machines. Legislator Fagan said he will
be voting no on this resolution because he feels they should be paying the same amount the towns paid the
custodians last year. He said the county is now in charge, but they have no say in the matter. Legislator Yuhasz
stated that by voting no means nothing. It is the commissioner‟s appointment and we are just acknowledging it.
The Clerk read from the memo regarding the motion made to appoint the custodians. The last sentence says
that the Commissioners acknowledged that the towns may offer additional compensation. Legislator Slusser
stated that the Resolution does not specify that the county is paying the $50 per machine. It was suggested that
the Resolution be amended to reflect that the Board of Election‟s budget will be paying the $50 per machine
and that the towns may pay them more. Legislator Fagan said the Council of Governments recommended that
the rates stay the same as they were last year from each town. He is not sure why that was not approved by the
commissioners. Legislator Bleiler said he felt that would be inappropriate.
Vote: 6-0.
RESOLUTION NO. 278 Motion by Larison, Second by Yuhasz.
RE: ACKNOWLEDGE APPOINTMENTS OF VOTING MACHINE CUSTODIANS – BOARD OF
        ELECTIONS – AS AMENDED
        BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by the Elections
Commissioners of David Stamp, John Compton and Jon Truax as the County's Voting Machine Custodians for
the year 2006, to be paid $50 per machine, to be funded by the Board of Elections budget, and
        BE IT FURTHER RESOLVED, that the towns may offer additional compensation.
Vote: 6-0.
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 9:36 a.m.
                Stacy B. Husted, Clerk
                                            REGULAR MEETING
                                             SEPTEMBER 11, 2006

        The September 11, 2006 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 and County Administrator O‟Hearn were
also present.
PUBLIC PARTICIPATION:
        Betty Heichel stood and inquired about the Legislature approving Local Law No. 3 relative to 485a last
month. She wanted to know where the money was coming from for this Local Law. Chairman Gifford replied
that there was no money involved with the Local Law, it is at the property or business owner‟s expense.
        Ruth Young, from the Town of Orange, stood and stated that she was only speaking for herself and not
for any political party. She read from a prepared statement which included a small quote. It was in opposition
of the creation of the Local Development Corporation. County Administrator O‟Hearn responded with a
clarification of the Local Development Corporation (LDC) and justification for the creation by resolution. Ruth
wanted to know how the County would benefit from it. O‟Hearn stated that it would reduce the cost over a
million dollars to taxpayers. Ruth asked the Legislators if they had analyzed the numbers. Chairman Gifford
stated that they could provide Ruth with Bylaws and additional information at a later time.
                                       PROCEEDINGS OF THE YEAR 2006                                      113
7:00P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR
2006 AUTHORIZING A LEASE PERIOD IN EXCESS OF COUNTY LAW §215 TERM LIMIT: None.
RESOLUTION NO. 279 Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE AUGUST 14, 2006 REGULAR MEETING, THE AUGUST 22, 2006
        PUBLIC HEARING AND THE AUGUST 30, 2006 SPECIAL MEETING OF THE SCHUYLER
        COUNTY LEGISLATURE
BE IT RESOLVED, that minutes of the August 14, 2006 Regular Meeting, the August 22, 2006 Public Hearing
and the August 30, 2006 Special Meeting of the Schuyler County Legislature be approved.
Vote: 8-0.
RESOLUTION NO. 280 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE GRANT APPLICATIONS FOR STATE HOMELAND SECURITY PROGRAM–
        EMERGENCY MANAGEMENT–AND-LAW ENFORCEMENT TERRORISM PREVENTION
        PROGRAM – SHERIFF‟S DEPARTMENT
        WHEREAS, the New York State Office of Homeland Security offered counties money for Homeland
Security Preparedness, and
        WHEREAS, the Emergency Management Office wishes to apply for funds under the State Homeland
Security Program in the amount of $11,000.00, and
        WHEREAS, the Sheriff wishes to apply for funds under the Law Enforcement Terrorism Prevention
Program in the amount of $9,900.00, and
        WHEREAS, these grants are 100% funded with no local match required.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all documents relative to the State Homeland Security Program and Law Enforcement Terrorism
Prevention Program Grants; subject to the approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 281 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE FEES FOR RECORDS AND BACKGROUND CHECKS –SHERIFF‟S DEPARTMENT
        WHEREAS, in recent years there has been a significant increase in the request for records and
background checks, and
        WHEREAS, the task of performing these checks is very time consuming, and the Sheriff feels that a fee
should be set to cover the costs of these services.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff‟s Office be authorized to
charge and collect a fee of $10.00 for records and background checks.
Vote: 8-0.
RESOLUTION NO. 282 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE GRANT APPLICATION FOR FFY 06 HOMELAND SECURITY GRANT
        PROGRAM, CITIZEN CORPS PROGRAM – EMERGENCY MANAGEMENT
        WHEREAS, Homeland Security through the New York State Emergency Management Office has
offered counties competitive grants for Citizen Corps Programs, with no match to the County, and
        WHEREAS, the Emergency Management Office wishes to apply for $10,000 to enhance the Citizen
Corp Council initiatives within Schuyler County.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all documents relative to the FFY 06 Homeland Security Grant Program, Citizen Corps Program
Grant; subject to the approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 283 Motion by Karius, Second by Yuhasz.
RE: AUTHORIZE GRANT APPLICATION FOR UNITED STATES HOMELAND SECURITY
        COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM (CEDAP) – EMERGENCY
        MANAGEMENT
        WHEREAS, the United State Homeland Security is accepting applications for the CEDAP program, and
        WHEREAS, the Emergency Management Office wishes to apply for a selected piece of equipment
under this program.
114                                   SCHUYLER COUNTY LEGISLATURE
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all documents relative to the US Homeland Security Commercial Equipment Direct Assistance
Program (CEDAP), subject to the approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 284 Motion by Karius, Second by Yuhasz.
RE: AUTHORIZE CONTRACT WITH OCCUMED OF WESTERN NEW YORK, INC – EMERGENCY
        MANAGEMENT
        WHEREAS, Occumed of Western New York, Inc. wishes to lease one TSI Model 8020 Respirator Fit
Tester from Schuyler County, and
        WHEREAS, the term of the contract will be on a daily basis, and
        WHEREAS, Occumed of Western New York, Inc. will pay the sum of $115.00 per day for each
calendar day that it is used.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Occumed of Western New York, Inc. for the Emergency Management Department for
lease of one TSI Model 8020 Respirator Fit Tester; subject to approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 285 Motion by Karius, Second by Yuhasz.
RE: AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN AGREEMENT ACCEPTING STATE AID
        FOR DNA COLLECTIONS UNDER NEW STATE LEGISLATION- PROBATION DEPARTMENT
        WHEREAS, the New York State Legislature recently enacted new legislation requiring Probation
departments to collect DNA samples from certain offenders and to forward these samples to the Division of
Criminal Justice Services (DCJS) Crime Laboratory in Albany, and
        WHEREAS, it is the desire of the New York State Division of Probation and Correctional Alternatives
to provide financial assistance to the Schuyler County Probation Department in the sum of $1,355 for collecting
said samples, and
        WHEREAS, the County is required to sign an agreement to accept these funds by meeting certain
conditions, which the Probation Department is prepared to meet.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an
agreement with the New York State Division of Probation and Correctional Alternatives to accept State Aid in
the amount of $1,355 for said DNA testing, subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 286 Motion by Fagan, Second by Bingell.
RE: RESOLUTION ACCEPTING THE SCHUYLER COUNTY SOLID WASTE MANAGEMENT PLAN
        – 10 YEAR UPDATE
        WHEREAS, the Schuyler County Solid Waste Management Task Force was reformed in late 2001 to
offer the technical assistance needed to update the plan, and
        WHEREAS, the updated plan will cover the next 20 year planning period (2005-2025), and
        WHEREAS, the plan has been reviewed and approved by appropriate Department of Environmental
Conservation staff, and
        WHEREAS, a public comment period was held February-March 2006, with received comments being
incorporated into the plan, and
        WHEREAS, a public hearing was held in August 2006, with received comments being incorporated into
the plan, and
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to accept
the Schuyler County Solid Waste Management Plan-10 Year Update as presented at the public hearing that was
held August 22, 2006.
Vote: 8-0.
RESOLUTION NO. 287 Motion by Fagan, Second by Bingell.
RE: AUTHORIZE A WASTEWATER DISTRICT INTER-MUNICIPAL AGREEMENT WITH THE
        TOWNS OF ORANGE AND TYRONE
        WHEREAS, it is necessary and desirable for the protection of public health and safety, the environment,
                                       PROCEEDINGS OF THE YEAR 2006                                        115
property values and aesthetics that the County and the Towns of Orange and Tyrone create a regulatory and
enforcement mechanism for the purpose of which shall be minimizing ground and surface waste pollution
caused by inadequate septic systems for the Lamoka/Waneta Lakes Protection and Rehabilitation District, and
        WHEREAS, the cost associated with administration and execution of this agreement shall be allocated
by the Lamoka/Waneta Lakes Protection and Rehabilitation District in the amount of $10,000 starting in the
year 2007 with grant monies being used for the program in the year 2006.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign an inter-municipal agreement with the Towns of Orange and Tyrone for the enforcement of wastewater
regulations for the term of July 1, 2006 through December 31, 2007, subject to approval by the Schuyler County
Attorney.
Vote: 8-0.
RESOLUTION NO. 288 Motion by Fagan, Second by Bleiler.
RE: AUTHORIZE A CONTRACT WITH CORNELL COOPERATIVE EXTENSION FOR THE FAMILY
        PLAY & RESOURCE CENTER COORDINATOR – YOUTH BUREAU
        WHEREAS, the Youth Bureau has received a Triangle Fund Grant for the amount of $7,500 for the
Family Play and Resource Center program to hire a coordinator, and
        WHEREAS, Cornell Cooperative Extension of Schuyler County has been an active partner and currently
provides parent education for the Family Play and Resource Center.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into contract with Cornell Cooperative Extension to provide a coordinator for the Family Play & Resource
Center program in the amount of $7,500 from October 1, 2006 through September 30, 2007, subject to the
approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 289 Motion by Bingell, Second by Larison.
RE: APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD
        BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of the
Andrew Morrow to the Schuyler County Youth Board for the term January 1, 2006 through December 31, 2008.
Vote: 8-0.
RESOLUTION NO. 290 Motion by Bingell, Second by Larison.
RE: AUTHORIZE AMENDING THE 2006 BUDGET FOR NYCONNECTS POINT OF ENTRY FUNDS –
        YOUTH BUREAU
        WHEREAS, the Families First program has been awarded state aid in the amount of $52,000 from the
NYCONNECTS Point of Entry funds, and
        WHEREAS, the 2006 budget needs to be amended to reflect said award.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
amend the 2006 budget for the Youth Bureau as follows:
        AMOUNT                         ACCOUNT NO.          DESCRIPTION
        +$17,903                       7310.120             Personnel
        +$34,097                       7310.308             Families First
        +$52,000                       7310-2389            Other Home & Community Service Revenue
Vote: 8-0.
RESOLUTION NO. 291 Motion by Bingell, Second by Larison.
RE: ADOPT A SCHUYLER COUNTY SERVICE AWARD/RETIREMENT RECOGNITION POLICY –
        HUMAN RESOURCES
        WHEREAS, it is the County‟s desire to enhance County pride and employee morale through a service
award and retirement recognition program that formally recognizes employees‟ contributions to the efficient
operation of County government as well as years of service.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the
attached Schuyler County Service Award/Retirement Recognition Policy, and
        BE IT FURTHER RESOLVED, that the attached policy shall become part of the Schuyler County
Policies and Procedures.
116                            SCHUYLER COUNTY LEGISLATURE
                                   SCHUYLER COUNTY
                      SERVICE AWARD/RETIREMENT RECOGNITION POLICY

1.      OBJECTIVE
It is the County‟s objective to enhance County pride and employee morale through a service award and
retirement recognition program that formally recognizes employees‟ contributions to the efficient operation of
County government as well as years of service.
2.      SCOPE OF POLICY
This policy applies to all active county employees.
3.      COORDINATION / CONTINUATION OF PROGRAM
There will be an Employee Recognition Committee which shall consist of the following:
        County Administrator‟s Office representative
        Human Resources Department representative
        Legislative Office representative
        Personnel Officer
        Member-at-Large
The Committee will be responsible for coordinating the awards, reception, publicity, invitations, etc. within
budgeted funds.
The Committee will be responsible to propose funding on an annual basis to support this Program to the Budget
Officer.
4.      SERVICE AWARD CRITERIA / AWARDS
The Human Resources Department will be responsible to present the years of service eligibility information to
the Employee Recognition Committee. Awards will be given as follows:
        A.      Five years of continuous service – Certificate
        B.      Ten years of continuous service – Certificate and 10-year Service Pin
        C.      Fifteen years of continuous service – Certificate and 15-year Service Pin
        D.      Twenty years of continuous service – Certificate and 20-year Service Pin
        E.      Twenty-Five years of continuous service – Certificate and 25-year Service Pin
        F.      Thirty years of continuous service – Certificate/Gift
        G.      Thirty-Five years of continuous service – Certificate/Gift
5.      RETIREMENT RECOGNITION PROCEDURES
        The Human Resources Department will be responsible to present the retiree eligibility to the Employee
Recognition Program. Retirees shall receive a Certificate/Gift/Dedication in Legislature Proceedings Book.
6.      RECORDS
        Copies of Certificates shall be placed in the employee‟s respective personnel file in the Human
Resources Department. Other records pertaining to this program shall be kept on file in the Records
Management Office and retained in accordance with the records retention schedule.
Vote: 8-0.
RESOLUTION NO. 292 Motion by Yuhasz, Second by Bleiler.
RE: SCHUYLER COUNTY ADOPTION OF THE STATE OF NEW YORK DEFERRED
        COMPENSATION PLAN
        WHEREAS, Schuyler County wishes to adopt the Deferred Compensation Plan for Employees of the
State of New York and Other Participating Public Jurisdictions (the “Plan”) for the voluntary participation of all
eligible employees, and
        WHEREAS, Schuyler County is a local public employer eligible to adopt the Plan pursuant to Section 5
of the State Finance Law, and
        WHEREAS, Schuyler County has reviewed the Plan established in accordance with Section 457 of the
Internal Revenue Code and Section 5 of the State Finance Law of the State of New York, and
        WHEREAS, the purpose of the Plan is to encourage employees to make and continue careers with
Schuyler County by providing eligible employees with a convenient and tax-favored method of saving on a
regular and long-term basis and thereby provide for their retirement.
                                        PROCEEDINGS OF THE YEAR 2006                                         117
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the Plan
for the voluntary participation of all eligible employees, and
        BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature is hereby
authorized to take such actions and enter such agreements as are required or necessary for the adoption,
implementation, and maintenance of the Plan, and
        BE IT FURTHER RESOLVED, that the Administrative Services Agency is hereby authorized to file
copies of these resolutions and other required documents with the President of the State of New York Civil
Service Commission.
Vote: 8-0.
RESOLUTION NO. 293 Motion by Yuhasz, Second by Bleiler.
RE: SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE”
        AND AUCTIONEER AGREEMENT – TREASURER‟S OFFICE
        WHEREAS, final Judgment of Foreclosure in the pending tax foreclosure proceeding will be received
by the County Attorney‟s Office pursuant to Article 11 of the Real Property Tax Law, and
        WHEREAS, it is necessary to set a tax auction sale date in advance thereof, and
        WHEREAS, the Schuyler County Treasurer is the enforcing officer responsible for carrying out a
foreclosure sale.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer has set September 30,
2006 as a tax auction sale date, and
        BE IT FURTHER RESOLVED, that the Chairman of this Legislature or his designee be, and hereby is,
authorized to sign and the Sheriff‟s Department to hand deliver a Notice to Vacate to all occupants of property
on which the County of Schuyler holds, or will hold, a tax deed to, and
        BE IT FURTHER RESOLVED, that said Notice of Vacate be sent by registered mail to the most recent
owners of record as shown in the property description, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the
agreement with David A. Matson for auctioneer services for the year 2006, at a cost of 6% of the sale; subject to
the approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 294 Motion by Yuhasz, Second by Bleiler.
RE: ADOPT PURCHASING POLICIES AND PROCEDURES AS AMENDED
        WHEREAS, the Schuyler County Purchasing Policies and Procedures have not been updated since June,
1999, and
        WHEREAS, it is the recommendation of the Purchasing Specialist and the County Administrator that
the manual is in need of several revisions and needs to be revised and updated.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the
Purchasing Policies and Procedures as amended and on file dated September 11, 2006, and
        BE IT FURTHER RESOLVED, that the attached policy shall become part of the Schuyler County
Policies and Procedures.
Vote: 8-0.
RESOLUTION NO. 295 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE APPOINTMENT TO THE ALCOHOL & SUBSTANCE ABUSE SUBCOMMITTEE -
        COMMUNITY SERVICES
        WHEREAS, the Alcohol & Substance Abuse Subcommittee has a vacancy, and
        WHEREAS, Christopher Rosno has expressed an interest in serving on the Alcohol & Substance Abuse
Subcommittee.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the
appointment of Christopher Rosno to the Alcohol & Substance Abuse Subcommittee for the term September 11,
2006 through December 31, 2008
Vote: 8-0.
RESOLUTION NO. 296 Motion by Yuhasz, Second by Bingell.
118                                   SCHUYLER COUNTY LEGISLATURE
RE:     AUTHORIZE CONTRACT AMENDMENT WITH KELLY FITCH, PHN, FOR NURSING SERVICES
        - PUBLIC HEALTH AND COMMUNITY SERVICES
        WHEREAS, Kelly Fitch, PHN has served the Public Health Department for several years as an
independent contractor and has extensive knowledge of the Public Health operations, and
        WHEREAS, funds are available in the 2006 Public Health budget, account no. 4010.490 to continue her
contract for part time nursing services, at reduced hours from 17.0 to 10.0 per week, and
        WHEREAS, Community Services has a new initiative called Child and Family Clinic Plus, which will
require early screening of children in community settings, and
        WHEREAS, Kelly Fitch, PHN is qualified to, and has agreed to perform, these screenings for the Mental
Health Clinic, and
        WHEREAS, her hours will be 10.0 per week for Public Health and 10.0 per week for Community
Services, and
        WHEREAS, funds are available in the 2006 Community Services budget, account no. 4310.435 to pay for
said additional services.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
amend the contract with Kelly Fitch, PHN for the provision of part time nursing services for both Public Health
and Community Services, for the period September 1, 2006 through December 31, 2006, at the hourly rate of
$22.00, not to exceed $20,000, subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 297 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH CYNTHIA FLOWERS FOR EARLY INTERVENTION
        SERVICES FOR 2006 - 2007 - PUBLIC HEALTH
        WHEREAS, the Public Health Department is required to provide Early Intervention services for Children,
and,
        WHEREAS Cynthia Flowers is approved as a provider of teaching the blind and visually impaired, and
        WHEREAS, rates paid for Early Intervention services provided under this agreement are set by the New
York State Department of Health and are not subject to negotiation.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into an ongoing agreement with Cynthia Flowers for Early Intervention services, effective October 1, 2006
at rates established by the New York State Department of Health, funds available in the Public Health budget,
account no. 4054.490, subject to the approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 298 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE AGREEMENT WITH CYNTHIA FLOWERS FOR PRESCHOOL SERVICES FOR 2006
        - 2007 - PUBLIC HEALTH
        WHEREAS, Schuyler County is required to provide preschool special education services and related
therapy services to children determined to be in need of such services, and
        WHEREAS, Cynthia Flowers is able to provide the related therapy services for children residing in
Schuyler County, and
        WHEREAS, the rate for related therapy services will be $40.00 per 30 minute session.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with Cynthia Flowers, for the provision of children‟s preschool therapy services, effective
September 1, 2006 through June 30, 2007, renewable annually, funding available in the Public Health budget,
account 2960.400, subject to the approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 299 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR STRUCTURAL MAINTENANCE AND
        REPAIRS ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY – HIGHWAY
        DEPARTMENT
        WHEREAS, the county‟s bridge, culvert and guiderail system is extensive, and
                                       PROCEEDINGS OF THE YEAR 2006                                           119
        WHEREAS, the county receives structural damage which requires repair on various structures
throughout the county due to emergencies, State Flag reports, natural disasters, etc., and
        WHEREAS, work on these structures may require services from private firms to assist county forces,
and
        WHEREAS, we have term agreements in place for engineering services to develop plans and design any
needed repairs.
        NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent be hereby authorized to
advertise for bids on an hourly basis from private firms to assist county forces for repairs on various structures
throughout the county.
Vote: 8-0.
RESOLUTION NO. 300 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE TRANSFER OF FUNDS FOR CENTRAL GARAGE EXPENSES – HIGHWAY
        DEPARTMENT
        WHEREAS, there is a need for additional funds to maintain Central Garage, and
        WHEREAS, there are funds available in the Machinery account no. 5130.538.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer $2,850.00 from Machinery account no. 5130.538 to Central Garage accounts as listed below:
        AMOUNT                  ACCOUNT NO.                  DESCRIPTION
        $1,000.00               1640.526                     Fuel
        $ 925.00                1640.527                     Repairs
        $ 925.00                1640.438                     Supplies
Vote: 8-0.
RESOLUTION NO. 301 Motion by Bingell, Second by Yuhasz.
RE: RESOLUTION AUTHORIZING 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 – HIGHWAY DEPARTMENT
        WHEREAS, a Project for the Bridge Replacement 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, CR 06 over Taughannock Creek,
Schuyler County.
        NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby approves the above-
subject project, and
        BE IT FURTHER RESOLVED, that the Schuyler Legislature hereby authorizes the County of Schuyler
to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and
Design, Right-of-Way Incidental work, and Construction work for the Project or portions thereof, and
        BE IT FURTHER RESOLVED, that the sum of $915,170 is hereby appropriated in the 2006 budget,
account numbers 5020.400 and 5120.569 made available to cover the cost of participation in the above phase of
the Project, and
        BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the
project exceeds the amount appropriated above, the County of Schuyler shall convene as soon as possible to
appropriate said excess amount immediately upon the notification by the New York State Department of
Transportation thereof, and
        BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County Legislature be and is
hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid
and/or Marchiselli Aid on behalf of the County of Schuyler with the New York State Department of
Transportation in connection with the advancement or approval of the Project and providing for the
administration of the Project and the municipality‟s first instance funding of Project costs and permanent
120                                  SCHUYLER COUNTY LEGISLATURE
funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within
appropriations therefore that are not so eligible, and
        BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State
Commissioner of 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: 8-0.
RESOLUTION NO. 302 Motion by Bingell, Second by Yuhasz.
RE: RESOLUTION AUTHORIZING 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 – HIGHWAY DEPARTMENT
        WHEREAS, a Project for the Bridge Replacement CR 05 over Tug Hollow Creek, in Schuyler County,
PIN 6753.48 (“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 3332370, CR 05 Tug Hollow Road over
Taughannock Creek, Schuyler County.
        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 of Schuyler
to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and
Design, Right-of-Way Incidental work, and Construction work for the Project or portions thereof, and
        BE IT FURTHER RESOLVED, that the sum of $718,600 is hereby appropriated in the 2006 budget,
account numbers 5020.400 and 5120.524 made available to cover the cost of participation in the above phase of
the Project, and
        BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the
project exceeds the amount appropriated above, the County of Schuyler shall convene as soon as possible to
appropriate said excess amount immediately upon the notification by the New York State Department of
Transportation thereof, and BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County
Legislature be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement
requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Schuyler with the New York State
Department of Transportation in connection with the advancement or approval of the Project and providing for
the administration of the Project and the municipality‟s first instance funding of Project costs and permanent
funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within
appropriations therefore that are not so eligible, and
        BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State
Commissioner of 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: 8-0.
RESOLUTION NO. 303 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE CHANGE ORDER NUMBER ONE WITH EDGER ENTERPRISES FOR THE
        SENECA HARBOR PARK PHASE III PROJECT – BUILDINGS AND GROUNDS
        WHEREAS, Resolution No. 183-06 authorized a contract with Edger Enterprises for the Seneca Harbor
Park Phase III construction work for a total contract price of $535,000, and
        WHEREAS, the county is in receipt of the contractors proposal to relocate one parking lot lamp post
base, so as not to impede marine operations, and
        WHEREAS, the Public Works Committee has reviewed the referenced change order in the amount of
$900 and recommends authorization thereof, and
        WHEREAS, funding is available in capital reserve account no. 004-1620-209 for said change order.
                                        PROCEEDINGS OF THE YEAR 2006                                         121
        NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
approve Edger Enterprises Change Order No. 1 proposal at a cost of $900, subject to approval of the Schuyler
County Attorney.
Vote: 8-0.
RESOLUTION NO. 304 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AN AGREEMENT WITH ALLEN ROTTO CONSULTANTS, INC. TO PERFORM A
        TELEPHONE SERVICE AUDIT – BUILDINGS AND GROUNDS
        WHEREAS, Allan Rotto Consultants, Inc. will audit the last six years of Schuyler County‟s phone
service for errors in billing, and
        WHEREAS, the fee for said services is based on a percentage of billing errors and service reduction
credits or refunds found.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign a contract with Allan Rotto Consultants, Inc to provide a phone service audit for the county telephone
system, subject to approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 305 Motion by Larison, Second by Bingell.
RE: LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR 2006 AUTHORIZING A LEASE
        PERIOD IN EXCESS OF COUNTY LAW §215 TERM LIMIT
        WHEREAS, Local Law Intro. No. 4/Local Law No. 4 of the Year 2006 Authorizing a Lease Period in
Excess of County Law §215 Term Limit was heretofore introduced and appropriate notice established in the
official newspaper regarding a public hearing to be held September 11, 2006 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/Local Law No. 4 of the Year
2006, 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/Local Law No. 4 of the Year 2006, together with
the required text thereof in the official county newspaper.
                  LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR 2006
        A local law authorizing a lease period in excess of County Law §215 term limit.
        Be it enacted by the County Legislature of the County of Schuyler, as follows:
SECTION 1
Short Title. This local law shall be known by its short title: “AUTHORIZE LEASE / CL§215. (3)
SECTION II
Purpose.
    2. The purpose hereof shall be to authorize the County of Schuyler to enter into a lease of real property for
        whatever term the contracting parties may find mutually acceptable.
    3. Parties. The county may enter a lease or lease/option agreement with any lawfully constituted entity,
        public or private, to include a Local Development Corporation formed under §1411 of the Not-For-
        Profit Corporations Law.
SECTION III
Conditions. Acting in accordance with this local law, the Schuyler County Legislature shall be empowered to
enter into a real property lease, including lease-option agreements for terms in excess of five (5) years. 2 All
conditions and provisions of such leases shall be determined by negotiation and mutual agreement of the Lessor
and Lessee.
SECTION IV
122                                   SCHUYLER COUNTY LEGISLATURE
Funding. Lease funding: The Schuyler County Legislature is hereby authorized to expend funds in pursuance
of the object of this local law and to budget accordingly and to commit funds for a lease deposit, other
transaction costs and acquisition costs.
SECTION V
Lease Provisions. The provisions of any lease authorized hereby shall be jointly reviewed and approved by the
Schuyler County Administrator, the Schuyler County Attorney and counsel for the LDC or other contracting
entity.
SECTION VI
Severability.     If any portion of this law shall be declared invalid by a court of competent jurisdiction the
remaining sections shall remain in full force and effect.
This local law shall be effective immediately upon filing with the Secretary of State
Vote: 8-0.
RESOLUTION NO. 306 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE AN AGREEMENT WITH WEBSTER SZANYI, LLP FOR LEGAL SERVICES –
        COUNTY ATTORNEY
        WHEREAS, Schuyler county is a named defendant in a federal lawsuit being pursued by private
plaintiffs under the Help America Vote Act against numerous states and counties, and
        WHEREAS, the firm of Webster Szanyi, LLP is representing over twenty New York Counties at
minimal cost in this specialized litigation.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Attorney is hereby authorized to
enter into a retainer agreement for services under the terms and conditions set out in a letter dated August 21,
2006 from Jeremy A. Colby and to engage in all activities necessary to the pursuit of this litigation.
Vote: 8-0.
        MOTION by Legislator Bleiler to withdraw the County Clerks Resolution, SECOND by Legislator
Bingell. Motion carried eight ayes to zero noes.
RESOLUTION NO. W/D Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE CONTRACT AMENDMENT WITH IRON MOUNTAIN FOR RECORDS STORAGE
        – COUNTY CLERK - WITHDRAWN
RESOLUTION NO. 307 Motion by Karius, Second by Larison.
RE: AUTHORIZE A LEASE AGREEMENT FOR ELECTION POLLING SITES – BOARD OF
        ELECTIONS
        WHEREAS, the Federal Help America Vote Act (HAVA) has consolidated election activity at the
County level, and
        WHEREAS, it is necessary to enter leases for all non municipal polling places.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
enter into such leases for polling places as the Board of Elections shall advise upon such terms and conditions;
subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 308 Motion by Karius, Second by Larison.
RE: AUTHORIZE APPOINTMENT OF THE INFORMATION TECHNOLOGY DIRECTOR
        WHEREAS, Resolution No. 234-06 authorized the creation of an Information Technology Director
position, and
        WHEREAS, it is the recommendation of the County Administrator that Loren M. Cottrell be appointed
to said position effective January 1, 2007.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Loren
M. Cottrell as the full-time Information Technology Director position with an annual salary of $65,000.
Vote: 8-0.
RESOLUTION NO. 309 Motion by Karius, Second by Larison.
RE: DENY APPLICATION FOR REFUND OF REAL PROPERTY TAXES – STOUDT - TOWN OF
        TYRONE – REAL PROPERTY TAX
                                      PROCEEDINGS OF THE YEAR 2006                                            123
        WHEREAS, an application for refund of real property taxes has been made in accordance with Section
556 of the Real Property Tax Law (RPTL) for parcels owned by Rose Stoudt in the Town of Tyrone, and
        WHEREAS, the property owner has alleged that discrepancies exist on the tax map that have resulted in
erroneous assessments on the roll, and
        WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and
found that no discrepancy exists on the tax map, and
        WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee that
the application be denied.
        NOW, THEREFORE, BE IT RESOLVED, that the application is hereby denied.
Vote: 8-0.
RESOLUTION NO. 310 Motion by Bingell, Second by Larison.
RE: AUTHORIZE AND APPLICATION FOR THE REAL PROPERTY TAX ADMINISTRATION
        TECHNOLOGY IMPROVEMENT PROGRAM GRANT – REAL PROPERTY TAX
        WHEREAS, the County of Schuyler is submitting a request for grant funds, where the maximum award
amount is $110,000, from the New York State Office of Real Property Services for a project to improve the
administration of the real property tax, and
        WHEREAS, the grant application must be submitted no later than October 6, 2006.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to act on
behalf of the County of Schuyler to sign the grant application, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to sign any contracts
or agreements between the County of Schuyler and any third party subcontractor necessary to complete the
above named Project, subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 311 Motion by Bingell, Second by Larison.
RE: AUTHORIZE AN INTER-MUNICIPAL AGREEMENT WITH THE TOWNS TO PROVIDE
        COUNTY WIDE ASSESSING SERVICES – REAL PROPERTY TAX
        WHEREAS, the County of Schuyler and its municipalities are empowered to enter into joint service
contracts pursuant to Article five-G of the General Municipal Law, and
        WHEREAS, various towns have expressed an interest in contracting with the county for the provision of
assessing services pursuant to Real Property Tax Law Section 1537.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
execute contracts with Schuyler County municipalities wishing to enter into the above named contractual
arrangement for the term of January 1, 2007 through December 31, 2013, at an annual fee per parcel, subject to
approval by the County Attorney.
DISCUSSION: Legislator Bleiler asked for clarification about the County Wide Assessment. He wanted to
know if the Towns that were going to be involved were only ones that give consent. Administrator O‟Hearn
replied that the County will be authorizing the Towns to sign agreements once they determine it is in their best
interest to participate.
Vote: 8-0.
RESOLUTION NO. 312 Motion by Bingell, Second by Larison.
RE: RESOLUTION SUPPORTING THE COMPLETION OF THE CATHARINE VALLEY TRAIL
        WHEREAS, upon its completion, the Catherine Valley Trail (the “Trail”) will be a 12-mile accessible
multi-use trail linking Watkins Glen to Horseheads providing an outlet for healthier lifestyle for local residents
and tourists while providing a window on the rich history of the area, and
        WHEREAS, a Tourism Development Plan, completed in 2000, documented that the Trail will also have
a significant economic impact on the Schuyler County and Chemung County area with many of the visitors to
our region using the Trail, staying for meals, needing hotel accommodations, and making extra purchases,
resulting in an annual local economic impact of $2.4 million dollars, and
        WHEREAS, the Trail, originally scheduled to be completed in 2001, has only been completed from
Watkins Glen in Schuyler County to Millport in the County of Chemung, and
124                                   SCHUYLER COUNTY LEGISLATURE
         WHEREAS, the Trail remains undeveloped from the Village of Montour Falls north to Watkins Glen
State Park and from the Village of Millport south to Wygant Road, despite construction of a bridge over New
York State Route 14 in the Town of Veteran, Chemung County, and
         WHEREAS, the Trail is already an important asset for local residents and visitors, and
         WHEREAS, a significant amount of federal funds have already been allocated to the Trail, and
         WHEREAS, the full economic impact of the Trail will not be realized until it is completed, and
         WHEREAS, there is no specific completion schedule for the Trail in place, and
         WHEREAS, the completion of this Trail will serve as a tourist, recreation and historic avenue through a
beautiful part of New York State.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby support
the completion of the Trail, and
         BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby urge the State of New
York to allocate the necessary resources or institute the needed procedures to allow for the completion of the
trail by December 31, 2007, and
         BE IT FURTHER RESOLVED, that the clerk of the Legislature be and she hereby is authorized and
directed to forward a certified copy of this Resolution to the Chemung County Chairman, the Town of Dix
Supervisor, the Village of Montour Falls Mayor, and the Village of Watkins Glen Mayor, James Howell as the
Finger Lakes State Park and Historical Preservation Commission Representative, Governor George Pataki,
Commissioner Bernadette Castro, Congressman John R. Kuhl, Jr., Senator George H. Winner, Jr., and
Assemblyman Thomas F. O‟Mara.
Vote: 8-0.
RESOLUTION NO. 313 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AMENDING THE 2006 COUNTY BUDGET FOR THE BIOTERRORISM GRANT -
         PUBLIC HEALTH
         WHEREAS, Resolution No. 325-05 established the budget for the 2005-2006 Bioterrorism grant, and
         WHEREAS, planned expenditures of the grant monies have changed and these changes necessitate
amending the original budget.
         NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorizes the County Treasurer to amend
the 2006 Public Health budget as follows:
ORIGINAL AMOUNT                  CHANGE      NEW AMOUNT             ACCOUNT NO./DESCRIPTION
$ 4,031                         +$ 2,214     $ 6,245                4010.100-4028 Personnel
$ 1,399                         +$ 768       $ 2,167                4010.489-4028 Fringe Benefits
$ 16,000                        - $16,000    $       0              4010.200-4028 Equipment
$ 53,570                        + $13,018    $66,588                4010.400-4028 Contractual
$75,000                                      $75,000                TOTAL
Vote: 8-0.
RESOLUTION NO. 314 Motion by Larison, Second by Bingell.
RE: AUTHORIZE CONTRACT AMENDMENT WITH HUMAN SERVICE DEVELOPMENT -
         COMMUNITY SERVICES
         WHEREAS, Resolution No. 329-05 authorized a contract renewal with Human Service Development for
emergency planning coordination services in an amount not to exceed $27,500 for the period from September 1,
2005 through August 31, 2006, and
         WHEREAS, additional services are required under this agreement.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an amendment to the 2005-2006 agreement with Human Services Development for emergency planning
coordination services, increasing the amount of the contract by $1,100 to an amount not to exceed $28,600, funds
available in the Public Health Bioterrorism Grant budget, account no. 4010.400-4030, with no local share cost,
subject to the approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 315 Motion by Larison, Second by Bingell.
                                PROCEEDINGS OF THE YEAR 2006                                          125
RE:    AUTHORIZE CONTRACT RENEWAL WITH THE CENTER FOR ROCHESTER‟S HEALTH,
       UNIVERSITY OF ROCHESTER - PUBLIC HEALTH
       WHEREAS, Bioterrorism Planning continues to be required by the New York State Department of Health,
and
        WHEREAS, the Center for Rochester‟s Health, University of Rochester has been selected as the regional
provider of surveillance and epidemiology services required as part of the Bioterrorism Plan, and
        WHEREAS, the Schuyler County Public Health Department‟s share for these services will be $14,557.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract renewal with the Center for Rochester‟s Health, University of Rochester for the provision of
surveillance and epidemiology services at an amount not to exceed $14,557 effective September 1, 2005 though
August 31, 2006, funds available in the Public Health Bioterrorism Grant budget, account no. 4010.400-4030 with
no local share cost, subject to the approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 316A Motion by Bleiler, Second by Larison.
RE: MOTION TO AMEND RESOLUTION NO. 316
        BE IT RESOLVED, that Resolution no. 316 be amended to add the following four names to the list:
                Shirley Callahan (D)                           Gary Herzig (R)
                                                               Katharine Lotz (R)
                                                               Virginia A. Cady (R)
Vote: 8-0.
RESOLUTION NO. 316 Motion by Bleiler, Second by Larison.
RE: ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS – AS
        AMENDED
        WHEREAS, pursuant to Article 5-g of the General Municipal Law and the Help America Vote Act
(HAVA 2002) certain election functions are to be consolidated at the county level, and
        WHEREAS, Election Inspectors need to now be appointed by the local Board of Elections and
acknowledged by the County Legislative Body by resolution, and
        WHEREAS, after completing the necessary training and upon certification the Schuyler County Board
of Election Commissioners have made a recommendation of six individuals to be appointment as election
inspectors.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges
the appointment of the following individuals as Schuyler County Election Inspectors for a one-year term
commencing July 15, 2006 through July 14, 2007:
                Elizabeth Biggers (D)                          Carol Cooke (R)
                Grace Stratton (D)                             Elizabeth Hollis (R)
                Gertje Turk (D)                                Lisa Orr (R)
                Shirley Callahan (D)                           Gary Herzig (R)
                                                               Katharine Lotz (R)
                                                               Virginia A. Cady (R)
Vote: 8-0.
RESOLUTION NO. 317 Motion by Bleiler, Second by Larison.
RE: AMEND RESOLUTION NO. 200-06 – TITLED “AUTHORIZE INTERMUNICIPAL AGREEMENT
        FOR CHARGEBACK OF ELECTION EXPENSES WITH ALL EIGHT TOWNS PURSUANT TO
        ARTICLE 5-G OF THE GENERAL MUNICIPAL LAW AND THE HELP AMERICA VOTE ACT
        (HAVA 2002)”
        WHEREAS, Resolution No. 200-06 is intended to be an ongoing agreement with the towns.
        NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 200-06 be amended to have the last Be
It Further Resolved clause now read as follows:
        “BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an
ongoing intermunicipal agreement with all eight towns effective immediately.”
Vote: 8-0.
126                                   SCHUYLER COUNTY LEGISLATURE
RESOLUTION NO. 318 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE AMENDING THE FOOD BID PROCEDURE – PURCHASING
        WHEREAS, Resolution No. 269-97 authorized the Purchasing Department to compile actual bids for
the food and milk needs on a continual basis, in both cases to satisfy the bi-yearly and yearly bidding
procedures, and
        WHEREAS, it is the recommendation of the County Administrator and the Purchasing Specialist to
change this relative to the food bids and bid them on a three month period.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby direct the Clerk
of the Legislature to advertise food bids as needed, and the Purchasing Specialist to compile the actual bids for
the food needs on a continual basis to satisfy the quarterly bidding procedure.
Vote: 8-0.
RESOLUTION NO. 319 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE AN INTER-MUNICIPAL AGREEMENT WITH THE TOWN OF DIX, THE VILLAGE
        OF WATKINS GLEN AND THE WATKINS GLEN CENTRAL SCHOOL DISTRICT
        WHEREAS, the Wal-Mart real estate business trust has commenced a real property assessment revision
in the Supreme County, Schuyler County, and
        WHEREAS, assessment reduction as a result of litigation would adversely affect all real property tax
jurisdictions deriving taxes therefrom.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
enter into an inter-municipal agreement with the other taxing jurisdictions involved, the Town of Dix, the
Village of Watkins Glen and the Watkins Glen Central School District, for the purpose of cost savings and
common defense to be provided by the firm of Davidson and O‟Mara, Elmira, NY.
Vote: 8-0.
RESOLUTION NO. 320 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: 8-0.
RESOLUTION NO. 321 Motion by Bingell, Second by Larison.
RE: AUTHORIZE AMENDMENT TO THE AGREEMENT WITH NELSON/NYGAARD FOR TRANSIT
        NEEDS ASSESSMENT SERVICES
        WHEREAS, there is a need for additional services to perform an adequate transit needs assessment by
Nelson/Nygaard Consulting Associates, Inc., and
        WHEREAS, said additional services shall increase the agreement from $36,911 to $46,028.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign an amendment to the agreement with Nelson/Nygaard in the amount not to exceed $46,028 for additional
services for the transit needs assessment, funding available in the 2006 budget in account no. 5630.400-5630-
Transit Needs to pay for said amendment, subject to the approval of the Schuyler County Attorney.
DISCUSSION: Legislator Fagan stated that the Resolution was needed because of the increased amount for the
agreement. This has been increased because of additional services that will be provided and will be covered by
a grant for the study.
Vote: 8-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS:
        Chairman Gifford reminded Legislators that the Local Law Intro. No. 3 of the Year 2006 Providing for
Partial Exemption from Taxation by the County of Schuyler of Real Property Receiving the Infrastructure
Exemption, Section 485-g of the Real Property Tax Law of the State of New York, will be on the agenda next
month because it is still on the table from last month‟s meeting.
REPORT ON STANDING COMMITTEES:
        Legislator Fagan reported that there was a Press Conference this morning on the new Watkins Glen
Hotel Project, which is going to start next month. He also reported that there will be a ball room in the Hotel
that will be able to accommodate 300 people and the room will have 17 foot ceilings, with dividers for
                                        PROCEEDINGS OF THE YEAR 2006                                            127
conference space. This project will help extend the tourist season for this area. The total budget is in excess of
14 million dollars. This is a major event for Schuyler County. The foundation will be put in the ground this
year and construction will start next year. The plan will be to open in the year 2008 and staff training will occur
prior to that. Then they will be ready for the tourist season in 2008. The Hotel plans to eventually employ 60
or more full-time people. This will be a huge plus for the area in the future and will compliment Schuyler
County nicely with the race track, wineries and lakefront. This is not a franchise but an independent operation.
He feels the Hotel will offer a lot of amenities and will be a first class operation.
        Legislator Fagan also reported that tonight at 7:30 p.m., there will be a kick off meeting for the public
transportation study. This first meeting will be primarily with the stakeholders and the consultant, but over the
next few days there will be additional meetings with various agencies and interested individuals. The goal is to
identify the unmet transportation needs for the area. Then to implement steps to address the unmet
transportation needs. This study is being supported from the state for financing and the Committee includes
expertise from the State sitting on the advisory committee. The completion of the study will be during the first
quarter of next year.
COUNTY ADMINISTRATOR’S REPORT:
        Timothy O‟Hearn reported that he recently provided an article for the Odessa File website. In the article
he reported on grant funding that has been received by the county. He provided an additional update to the
Board. He stated that there was good news on the funds received, but also bad news that the County did not get
the funding for the shared records facility. They will re-submit for the next round of applicants. He feels the
next round would be a possibility with the excellent proposal and he will be working on getting that ready for
applying.
        He reported that Budget meetings have started and the goal is to define the line item budget and work on
the performance measures and outcomes.
        He also wanted to recognize Legislator Fagan‟s work with the Transportation Committee and study.
Also acknowledge the work that the Clerk, Stacy Husted and Deputy Clerk, Sharlene Parker had provided in
coordinating all the meetings with the Consultant. He invited the audience and public to stay for the following
Transportation Study Meeting.
        He then provided an update on the County Wide Assessment. He and the Real Property Director,
Thomas Bloodgood were invited to the Town of Reading and Tyrone to provide presentations on the
assessment. The County is moving forward with the implementation. He has met with the assessors from all of
the Towns and they are all enthusiastic and support this initiative.
PUBLIC PARTICIPATION: None.
        MOTION by Legislator Larison to go into Executive Session to discuss Real Estate Acquisition,
SECOND by Legislator Bleiler. Motion carried eight ayes to zero noes.
        MOTION by Legislator Slusser to come out of executive session, SECOND by Legislator Bingell.
Motion carried eight ayes to zero noes.
        The Meeting adjourned at 7:40 P.M.
                Stacy B. Husted, Clerk
                Sharlene A. Parker, Deputy Clerk
                                              REGULAR MEETING
                                               OCTOBER 10, 2006

        The October 10, 2006 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 except Legislator, Karius who was absent. County Attorney Coleman
and County Administrator O‟Hearn were also present.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 322 Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE SEPTEMBER 11, 2006 REGULAR MEETING OF THE SCHUYLER
        COUNTY LEGISLATURE
128                                   SCHUYLER COUNTY LEGISLATURE
         BE IT RESOLVED, that minutes of the September 11, 2006 Regular Meeting of the Schuyler County
Legislature be approved.
Vote: 7-0.
RESOLUTION NO. 323 Motion by Bleiler, Second by Yuhasz.
RE: AUTHORIZE STOP DWI PLAN FOR 2007 – 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 the Legislature hereby adopts and approves the 2007
STOP DWI Program Plan, and
         BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign said
Plan, subject to the approval of the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 324 Motion by Bleiler, Second by Yuhasz.
RE: AUTHORIZE INTERGOVERNMENTAL AGREEMENT WITH THE OFFICE OF NEW YORK
         STATE EMERGENCY MANAGEMENT OFFICE (“SEMO”) – EMERGENCY MANAGEMENT
         WHEREAS, there is a need to facilitate a quick response to the mutual aid requests either arising from a
natural disaster, technological hazard, man-made disaster, civil emergency aspects of resource shortages,
community disorders, insurgency or enemy attack, and
         WHEREAS, this agreement sets forth the duties and responsibilities of the New York SEMO, with
respect to the use of Schuyler County employees and resources for the purposes of the Emergency
Management Assistance Compact (EMAC).
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign
Intergovernmental Agreement for Local Deployment pursuant to the Emergency Management Assistance
Compact with the Office of New York SEMO, subject to approval by the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 325 Motion by Bleiler, Second by Yuhasz.
RE: AUTHORIZE AN AGREEMENT ACCEPTING STATE AID FOR LEVEL III SEX OFFENDERS-
         PROBATION DEPARTMENT
         WHEREAS, the New York State Division of Probation and Correctional Alternatives has agreed to
provide up to $4,000 annually for each Level III Sex Offender on Probation as State Aid for efforts and work
entailed by the Schuyler County Probation Department, and
         WHEREAS, in order to receive said State Aid, it is necessary that the County of Schuyler execute a
Letter of Agreement to perform certain enumerated duties which the Probation Department is prepared to meet.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an
Agreement to accept State Aid, up to $4,000, for said work on Level 3 Sex Offender cases, subject to approval
by the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 326 Motion by Larison, Second by Bingell.
RE: AUTHORIZE A MAINTENANCE AGREEMENT WITH STERLING SOLUTIONS, INC. FOR THE
         VETERAN INFORMATION MANAGEMENT SYSTEM (VIMS) – VETERANS SERVICES
         WHEREAS, there is a need for maintenance services to be provided to the Veterans Services Agency
for its VIMS System.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Sterling Solutions, Inc. for the Veterans Services Agency for maintenance services for
the term October 1, 2006 through September 30, 2007, funding available in the 2006 budget account no.
6510.435; subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 327 Motion by Larison, Second by Bingell.
 RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR
         2007 AND RELATED CONTRACTS
                                       PROCEEDINGS OF THE YEAR 2006                                           129
        WHEREAS, the Schuyler County Youth Bureau has prepared and the Schuyler County Youth Board has
approved a Resource Allocation Plan for the year 2007 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 2007 within budgeted allocations; subject to approval of the Schuyler County
Attorney, as follows:
                        Cornell Cooperative Extension
                        Catholic Charities of the Southern Tier
                        Council on Alcoholism of the Finger Lakes Region
                        Community Dispute Resolution Center
Vote: 7-0.
RESOLUTION NO. 328 Motion by Larison, Second by Bingell.
RE: AUTHORIZE INCREASING THE HOURS OF THE INSURANCE COUNSELING COORDINATOR
        POSITION TO FULL-TIME – OFFICE FOR THE AGING
        WHEREAS, the Schuyler County Office for the Aging serves clients through the Health Insurance
Information, Assistance and Counseling Program (HIICAP) and the Long Term Care Insurance Education and
Outreach Program (LTCIEOP) in regards to Medicare, Medicaid, retirement health insurance benefits, EPIC,
private health insurance policies, Long Term Care Insurance, and social security, and
        WHEREAS, currently the Insurance Counseling Coordinator position is part-time, 20 hours a week , and
        WHEREAS, the LTCIEOP guidelines state, “Each Long Term Care Insurance Resource Center shall be
responsible for providing a sufficient number of staff positions (including volunteers) necessary to provide and
carry out the services of the LTCIEOP, provided that at least one position shall be filled by an individual who is
employed full-time and paid by the area agency on aging.”, and
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
increase of the Insurance Counseling Coordinator position from 20 hours a week part-time to 35 hours a week
full-time at the Civil Service grade level XIII with the beginning pay of $13.58 per hour, effective immediately.
Vote: 7-0.
RESOLUTION NO. 329 Motion by Larison, Second by Bingell.
RE: AUTHORIZE INCREASE IN THE ADOPTION SUBSIDY RATE – SOCIAL SERVICES
        WHEREAS, the Legislature approved increasing the County foster care rates in July 2006, and
        WHEREAS, the adoption subsidy contracted rates are controlled by the agency foster care rates and
must increase as foster care rates increase, and
        WHEREAS, an oversight resulted in the absence of the adoption subsidy rate being included in the
resolution increasing the foster care rates, and
        WHEREAS, the increase in the adoption subsidy rates will be approximately $18.45 per diem or $6,754
for 2007, and
        WHEREAS, the adoption subsidy rates are reimbursed (per child) at no less than 75% (some at 87½%),
and the impact of said increases to the County is small.
        NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be hereby authorized
to increase the adoption subsidy rates to the contracted amount from the department‟s budget effective January
1, 2007, funding available in the Department‟s budget, account no. 6119.400-Child Care.
Vote: 7-0.
RESOLUTION NO. 330 Motion by Larison, Second by Bingell.
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
$0.15/mile for 2006, and
        WHEREAS, the Department wishes to update its medical transportation policy.
130                                   SCHUYLER COUNTY LEGISLATURE
        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 $0.15/mile
effective January 1, 2007, funding to be included in the Social Services 2007 budget, account no. 6010.395.
Vote: 7-0.
RESOLUTION NO. 331 Motion by Larison, Second by Bingell.
RE: ADOPT POLICY GUIDELINES FOR IMPLEMENTATION OF BREAST CANCER SCREENING
        LEAVE TIME
        WHEREAS, the Governor has signed into law a bill mandating that all counties provide four (4) hours
of leave time per year to public employees for the purposes of breast cancer screening (Chapter 566 of the Laws
of 2006).
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the
follow Policy Guidelines for implementation of Chapter 566 of the Laws of 2006, effective September 15,
2006:
                            Breast Cancer Screening Leave Time Policy Guidelines
     Each January 1, any county employee is eligible for up to four (4) hours of Breast Cancer Screening
        Leave time, which shall be paid. The leave time is not accumulative and cannot be carried forward to the
        next year if unused.
     This paid time off is in addition to existing negotiated paid leave provisions.
     The time allotted for breast cancer screening leave includes travel time to and from the appointment and
        any subsequent follow-up consultation visits.
     Any time taken for this purpose above and beyond four (4) hours is chargeable to other leave credits.
     Time off shall be granted within regular working hours.
     An employee should follow their departmental procedure for requesting time off.
     Department Administrators shall direct an employee to report to Human Resources with a doctor‟s
        statement, receipt issued by the clinic, etc. as proof that screening has occurred.
     Time off shall be reported on time cards as “Administrative Leave”. Department Administrators will be
        responsible for ensuring time off is within the four (4) hour limit.
     Any medical documentation filed with the Human Resources Department shall be kept confidential.
Vote: 7-0.
RESOLUTION NO. 332 Motion by Bingell, Second by Yuhasz.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY – CONFIDENTIAL SECRETARY TO THE
        COUNTY ADMINISTRATOR
        BE IT RESOLVED, that this Legislature acknowledge the appointment by Timothy O‟Hearn, County
Administrator of Peggy Tomassi as Confidential Secretary to the County Administrator at an annual salary of
$32,000 effective October 23, 2006, Grade D, in the Management/Confidential Salary Plan.
Vote: 7-0.
RESOLUTION NO. 333 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE CONTRACT RENEWAL WITH ALL-MODE COMMUNICATIONS FOR
        TELEPHONE SYSTEM MAINTENANCE AND SERVICE – BUILDINGS AND GROUNDS
        WHEREAS, it is necessary to protect the telephone system investment with appropriate service and
maintenance, and
        WHEREAS, All-Mode Communications provides technical support and warranty replacement
guarantees for Schuyler County‟s telephone systems, and has provided this service in the past, and
        WHEREAS, an additional contract has been added to also cover the equipment at the Rural Urban
Center in Montour Falls, and
        WHEREAS, the cost of these services are as follows:
                                                 SERVICE AND                    BUSINESS DAY –
           LOCATION                              SUPPORT PLAN                   MONTHLY RATE
           County Office Complex                 Premium Economy                $669.00
                                       PROCEEDINGS OF THE YEAR 2006                                      131
           Rural Urban Center                   Service and Support Plan     $83.50
           (Youth Bureau, Families First,
           and Watershed).
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign a renewal contract with All Mode Communications to provide service and support for the county telephone
system for the period of January 1, 2007 through December 31, 2007, at a total cost of $9,030.00, funding
available in account no. 1610.400; subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 334 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE FIRE ALARM TESTING AND
        MAINTENANCE – BUILDINGS AND GROUNDS
        WHEREAS, the Fire Alarm Testing and Maintenance agreement expires December 31, 2006, and
        WHEREAS, it is the recommendation of the Building Maintenance Supervisor that advertising for bids
for the Fire Alarm Testing and Maintenance be done for another period of three years.
        NOW, THEREFORE, BE IT RESOLVED, that the Buildings Maintenance Supervisor is hereby
authorized to advertise for said bids.
Vote: 7-0.
RESOLUTION NO. 335 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE AMENDED LICENSE AGREEMENT WITH THE VILLAGE MARINA FOR
        TEMPORARY WINTER BOAT STORAGE AT SENECA HARBOR PARK – BUILDINGS AND
        GROUNDS
        WHEREAS, the winter boat storage area at Seneca Harbor Park has been blacktopped this year, and
        WHEREAS, Hunt Engineers, Architects and Surveyors have reviewed the area and made
recommendations on how to store the boats in order to leave little or no deformations in the paving, and
        WHEREAS, some minor boat restorations such as scraping and painting are done during storage for
which protective measures are needed.
        NOW, THEREFORE, BE IT RESOLVED, that the following shall be added to the Winter Boat Storage
License Agreement to be renewed for the term October 15, 2006 through June 15, 2007:
                10.          The attached e-mail memo from Hunt Engineers, Architects and Surveyors dated
                             June 6, 2006 stating the applied loading recommendations, shall be used for all
                             boats stored on the blacktop.
                11.          The blacktop shall be protected from damage and disfigurement while any minor
                             boat repairs are being made, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the
amended License Agreement with Guy A. and Michael J. Schamel, d/b/a Village Marina, for seasonal boat
storage needs of marina customers; subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 336 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE GRANT APPLICATION TO NEW YORK STATE DEPARTMENT OF
        ENVIRONMENTAL CONSERVATION TO PURCHASE TREES FOR SENECA HARBOR PARK
        IN COLLABORATION WITH THE VILLAGE OF WATKINS GLEN – BUILDINGS AND
        GROUNDS
        WHEREAS, there are grant funds available from the New York State Department of Environmental
Conservation (NYSDEC) to purchase trees, and
        WHEREAS, there is currently an Inter-Municipal Agreement between Schuyler County and the Village
of Watkins Glen, and
        WHEREAS, it is in the best interest of the County to apply in partnership with the Village of Watkins
Glen.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign a grant application with 50% matching funds in an amount not to exceed $7,500, and upon approval of said
request to enter into and execute a project agreement with the NYSDEC for such financial assistance to
132                                 SCHUYLER COUNTY LEGISLATURE
Schuyler County for Seneca Harbor Park and Franklin Street; subject to approval of the Schuyler County
Attorney.
Vote: 7-0.
RESOLUTION NO. 337 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE TRANSFER OF FUNDS FROM SNOW REMOVAL TO MAINTENANCE –
        HIGHWAY DEPARTMENT
        WHEREAS, there is a need for additional funds for road maintenance, and
        WHEREAS, there are funds available in the Snow Removal account no. 5142.438-Snow Removal.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer $16,000 from account no. 5142.438- Snow Removal to the following accounts:
        AMOUNT                 ACCOUNT NO.                   DESCRIPTION
        +$2,000.00             5110.512                      Limestone
        +$2,500.00             5110.518                      Gravel
        +$1,800.00             5110.517                      Pipe
        +$3,500.00             5110.510                      Rentals/Other
        +$6,200.00             5110.511                      Asphalt
Vote: 7-0.
RESOLUTION NO. 338 Motion by Bingell, Second by Yuhasz.
RE: ACCEPT PROPOSAL FROM HUNT ENGINEERS FOR REMOVAL OF COON HOLLOW BRIDGE
        – HIGHWAY DEPARTMENT
        WHEREAS, the Highway Superintendent and the Public Works Committee agree that the Coon Hollow
Bridge needs to be removed, and
        WHEREAS, Hunt Engineers has proposed engineering services to include preparation of contract
documents and specification packages for this bridge removal and bank stabilization for $7,150.00; funding to
be included in 2007 budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts the proposal
price of $7,150.00 for engineering services from Hunt Engineers for the Coon Hollow bridge removal and
stream bank stabilization, and
        BE IT FURTHER RESOLVED, that the Chairman of Legislature be hereby authorized to sign the
Proposal Agreement; subject to the approval of the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. W/D Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE TWO-YEAR AGREEMENTS WITH HUNT ENGINEERS, FISHER ASSOCIATES
        AND BARTON & LOGUIDICE FOR MISCELLANEOUS ENGINEERING SERVICES – HIGHWAY
        DEPARTMENT - WITHDRAWN
        BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute two-year term
agreements with Hunt Engineers, Fisher Associates and Barton & Loguidice for various engineering services
for the County Highway Department for the term July 1, 2006 through June 30, 2008; said agreements subject
to the approval of the Schuyler County Attorney.
RESOLUTION NO. 339 Motion by Bingell, Second by Yuhasz.
RE: ACCEPT/REJECT BIDS FOR STRUCTURE MAINTENANCE AND REPAIRS ON VARIOUS
        STRUCTURES THROUGHOUT THE COUNTY – HIGHWAY DEPARTMENT
        WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for
assistance when the county receives structural damage which requires repair on various structures throughout
the county due to emergencies, State Flag reports, natural disasters, etc., and
        WHEREAS, Resolution No. 299-06 authorized the Highway Superintendent to advertise for bids for
said projects, and
        WHEREAS, bids were opened October 5, 2006 and reviewed with the recommendation being made by
the Highway Superintendent to accept the low bid from Silverline Construction, Inc., in the following amounts:

Classifications                     Towns of Catharine, Cayuta,          Towns of Dix, Orange,
                                        PROCEEDINGS OF THE YEAR 2006                                           133
                                        Hector & Montour Hourly Rate          Reading & Tyrone Hourly Rate
        Foreman                                $66.00                                 $66.00
        Journey Man Carpenter                   65.00                                  65.00
        Iron Worker                             69.75                                  69.75
        Laborer                                 59.00                                  59.00
        Equipped Field Truck                    21.00                                  21.00
        15 Cu. Yd. Dump Truck                   70.00                                  70.00
        15,000 lb. Crawler Dozer               100.00                                 100.00
        30,000 lb. 3 yd. Wheeled Loader        100.00                                 100.00
        45,000 lb. Excavator w/ Thumb          140.00                                 140.00
        Bid to be used within budgeted funds for a given year.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a
contract as set forth above, for the term of October 1, 2006 through September 30, 2007; subject to the approval
of the Schuyler County Attorney, and
        BE IT FURTHER RESOLVED that all other bids received be hereby rejected, with a note of
appreciation for their participation.
Vote: 7-0.
RESOLUTION NO. 340 Motion by Bingell, Second by Yuhasz.
RE: ACCEPT PROPOSAL FOR ENGINEERING SERVICES FROM HUNT ENGINEERING FOR FINAL
        DESIGN SERVICES OF CR-23 CULVERT – HIGHWAY DEPARTMENT
        WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for
final design services for the replacement of a culvert on County Road 23, and
        WHEREAS, Hunt Engineering has proposed services to include final design revisions and preparation
of contract documents and specification packages of the CR-23 culvert that will replace the existing culvert.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature accepts the proposal
price not to exceed $4,950, funding to be included in the County Road 2007 budget account no. 5020.400;
subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 341 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE A GRANT APPLICATION TO THE ENVIRONMENTAL PROJECTION FUND
        ARTICLE 17-14 ENVIRONMENTAL CONSERVATION LAW NONAGRICULTURAL NON-
        POINT SOURCE PROJECTS – HIGHWAY DEPARTMENT
        WHEREAS, Schuyler County, herein called the “Municipality”, after thorough consideration of the
various aspects of the problem and study of available data, has hereby determined that certain work, as
described in its application and attachments, herein called the “Project”, is desirable, is in the public interest,
and is required in order to implement the Project, and
        WHEREAS, the Environmental Conservation Law (ECL) Article 17-14 authorizes State assistance to
municipalities by means of a contract; and the Municipality deems it to be in the public interest and benefit
under this law to enter into a contract therewith.
        NOW, THEREFORE, BE IT RESOLVED, by the Schuyler County Legislature,
    1. That the Chairman of the Schuyler County Legislature or such person‟s successor in office, is the
        representative authorized to act in behalf of the Municipality‟s governing body in all matters related to
        State assistance Contract, submit Project documentation, and otherwise act for the Municipality‟s
        governing body in all matters related to the Project and to State assistance, and
    2. That the municipality agrees that it will fund its portion of the cost of the Project and that funds will be
        available to initiate the Project‟s field work within twelve (12) months of written approval of its
        application by the Department of Environmental Conversation, and
    3. That one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York
        State Department of Environmental Conservation together with the Application for State Assistance
        Payments, and
    4. That this resolution take effect immediately.
134                                  SCHUYLER COUNTY LEGISLATURE
Vote: 7-0.
RESOLUTION NO. 342 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE AMENDING THE 2006 MENTAL HEALTH BUDGET FOR MEDICAID FUNDING -
         COMMUNITY SERVICES
         WHEREAS, the New York State Office of Mental Health has provided $1,500 ($500 per case manager)
for training of Intensive and Supportive Case Managers, funded by fee for service Medicaid revenue, and
         WHEREAS, this amount was inadvertently omitted from the 2006 Mental Health Budget.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
amend the 2006 Mental Health budget as follows:
         AMOUNT                        ACCOUNT                         DESCRIPTION
         +$1,500                       4310-1620                       Mental Health Fees
         +$1,500                       4310-0440                       Travel
Vote: 7-0.
RESOLUTION NO. 343 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE CONTRACT RENEWAL WITH HEALTH RESEARCH INC. AND ESTABLISH THE
         2006 - 2007 BIOTERRORISM GRANT - PUBLIC HEALTH
         WHEREAS, Schuyler County‟s annual Bioterrorism grant will be $75,000 for the period August 31, 2006
through August 30, 2007, and
         WHEREAS, Health Research Inc. will administer the grant on behalf of the New York State Department
of Health for the period August 31, 2006 through August 30, 2007.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
establish the 2006-2007 Bioterrorism Grant Budget as follows:
         AMOUNT                        ACCOUNT NO.                     DESCRIPTION
         $ 6,245                       4010.100-4033                   Personnel
         $ 2,167                       4010.489-4033                   Fringe Benefits
         $66,588                       4010.400-4033                   Contractual
         $75,000                       4010.4001-4033                  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: 7-0.
RESOLUTION NO. 344 Motion by Larison, Second by Bingell.
RE: ESTABLISH 2006-2007 EARLY INTERVENTION/CHILDREN WITH SPECIAL HEALTH CARE
         NEEDS GRANT - PUBLIC HEALTH – AS AMENDED BY RESOLUTION NO. 36-07 & 158-07
         WHEREAS, New York State has divided the above grant into two separate contracts for Schuyler
County‟s Early Intervention/Children with Special Health Care Needs grant for the period October 1, 2006
through September 30, 2007.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
amend the 2006 - 2007 Early Intervention/Children with Special Health Care Needs grant budget as follows:
         Children with Special Health Care Needs:
         AMOUNT                        ACCOUNT NO.                     DESCRIPTION
         $10,320                       4010.100-4035                   Personnel
         $3,587                        4010.489-4035                   Fringe Benefits
         $2,459                        4010.400-4035                   Contractual
         $0                            4010.446-4035                   Maintenance in Lieu of Rent
         $16,366                       4010.4451-4035                  Revenue

       Early Intervention:
       AMOUNT                      ACCOUNT NO.                  DESCRIPTION
       $16,076                     4010.100-4036                Personnel
       $5,562                      4010.489-4036                Fringe Benefits
       $6,705                      4010.400-4036                Contractual
                                        PROCEEDINGS OF THE YEAR 2006                                          135
         $2,500                         4010.446-4036                  Maintenance in Lieu of Rent
         $30,843                        4010.4451-4036                 Revenue, and
         BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and
all documents relative to the grants, subject to the approval of the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 345 Motion by Larison, Second by Bingell.
RE: ACKNOWLEDGE APPOINTMENT OF 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 2006, to be
paid $100 per election.
Vote: 7-0.
RESOLUTION NO. 346 Motion by Larison, Second by Bingell.
RE: AUTHORIZE REAL ESTATE PURCHASE AND SALE AGREEMENT
         WHEREAS, the County of Schuyler has heretofore declared the need for consolidate county office
space and has authorized exploration of various alternatives to accomplish that objective, and
         WHEREAS, by Resolution No. 271-06, this Legislature did authorize the creation of a Local
Development Corporation (LDC) for the pursuit of said project and did simultaneously enact Local Law No. 4
of the year 2006 to effect transactions with the LDC, and
         WHEREAS, the Legislature has subsequently determined upon a different course of action for real
estate acquisition involving the county as a direct participant in purchase negotiations, the latter course being
financially beneficial to the taxpayers.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, acting in conjunction
with the County Administrator and with the approval and support of the County Attorney‟s Office, be and
hereby are authorized to pursue a course of negotiation with Blackburne and Brown Mortgage Company, Inc.,
et al, of 4811 Chippendale Drive, Suite 101, Sacramento, CA. 95841, for the purchase of that tract or parcel of
land located in the Village of Montour Falls, County of Schuyler, State of New York, fronting on NYS Rt. 14,
commonly formerly known as the “Jamesway Building” and being the same premises conveyed to Blackburne
and Brown Mortgage Company, Inc., et al, by Referee‟s Deed dated June 29, 2005 and recorded in the Schuyler
County Clerk‟s Office in Liber 347 of Deeds at Page 748, all in accordance with the terms of an initial Purchase
Offer as attached hereto; the negotiable terms of such Purchase Offer to be determined in Executive Session
throughout the course of negotiations.
Vote: 7-0.
RESOLUTION NO. 347 Motion by Bingell, Second by Larison.
RE: ACCEPT/REJECT 2006 TAX AUCTION BIDS – AS AMENDED BY RESOLUTION NO. 356-06
         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 September 30, 2006.
         NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts, the following bids
to wit:
         BIDDER'S NAME:                 Harland Trenchard
         BIDDER'S ADDRESS:              4637 Cotton Hanlon Rd.
                                        Montour Falls, NY 14865
         AMOUNT OF BID:                 $3,800.00
         FORMER OWNER:                  Simonsen
         TAX MAP #:                     87.-1-10.2
         LOCATION:                       Montour

       BIDDER'S NAME:                Steven E. Morseman
       BIDDER'S ADDRESS:             1822 Coon Hollow Rd.
                                     Beaver Dams, NY 14812
136                       SCHUYLER COUNTY LEGISLATURE
      AMOUNT OF BID:       $26,000.00
      FORMER OWNER:        Przygoda
      TAX MAP #:           101.-1-22
      LOCATION:             Orange

      BIDDER'S NAME:      Thomas Webster
      BIDDER'S ADDRESS:   658 Coon Hollow Rd.
                          Beaver Dams, NY 14812
      AMOUNT OF BID:      $6,000.00
      FORMER OWNER:       Tyler
      TAX MAP #:          92.-2-56
      LOCATION:            Orange

      BIDDER'S NAME:      Darlene Smith
      BIDDER'S ADDRESS:   4116 Pre Emption Rd.
                          Himrod, NY 14842
      AMOUNT OF BID:      $7,900.00
      FORMER OWNER:       Gott
      TAX MAP #:          49.-1-36.2
      LOCATION:            Tyrone


      BIDDER'S NAME:      Thomas Webster
      BIDDER'S ADDRESS:   658 Coon Hollow Rd.
                          Beaver Dams, NY 14812
      AMOUNT OF BID:      $1,300.00
      FORMER OWNER:       Schuyler County
      TAX MAP #:          102.05-1-18.1
      LOCATION:           Orange

      BIDDER'S NAME:      William & Beth Meehan
      BIDDER'S ADDRESS:   2857 County Line Rd.
                          Watkins Glen, NY 14891
      AMOUNT OF BID:      $6,200.00
      FORMER OWNER:       Cady
      TAX MAP #:          52.-1-15
      LOCATION:           Reading

      BIDDER'S NAME:      Roy Webb
      BIDDER'S ADDRESS:   265 Newcomb Street
                          New Smyrna Beach, FL 32168
      AMOUNT OF BID:      $5,000.00
      FORMER OWNER:       Davis
      TAX MAP #:          86.08-1-70
      LOCATION:           Montour

      BIDDER'S NAME:      Gerald & Debra C. Wright
      BIDDER'S ADDRESS:   P.O. Box 43
                          Verona, VA 24482
      AMOUNT OF BID:      $36,500.00
      FORMER OWNER:       Boles
                                   PROCEEDINGS OF THE YEAR 2006                                        137
       TAX MAP #:                  68.-1-34.2
       LOCATION:                   Catharine

       BIDDER'S NAME:              Patricia Dunbar-Tun
       BIDDER'S ADDRESS:           27 Hector Street
                                   Trumansburg, NY 14886
       AMOUNT OF BID:              $3,400.00
       FORMER OWNER:               Dickens
       TAX MAP #:                  99.14-1-19
       LOCATION:                   Catharine

       BIDDER'S NAME:              Bert Gildersleeve
       BIDDER'S ADDRESS:           4135 Tichenor Road
                                   Hector, NY 14841
       AMOUNT OF BID:              $150.00
       FORMER OWNER:               Staples
       TAX MAP #:                  65.13-4-8
       LOCATION:                   Dix

       BIDDER'S NAME:              Roy H. Webb
       BIDDER'S ADDRESS:           265 Newcomb Street
                                   New Smyrna Beach, FL 37168
       AMOUNT OF BID:              $1,250.00
       FORMER OWNER:               Trans Allied
       TAX MAP #:                  44.19-1-12
       LOCATION:                   Hector

       BIDDER'S NAME:                 Michael Grasso
       BIDDER'S ADDRESS:              636 Winsor Ave.
                                      Elmira, NY 14905
       AMOUNT OF BID:                 $17,200.00
       FORMER OWNER:                  Smith
       TAX MAP #:                     33.05-2-3
       LOCATION:                      Hector, 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 and
record such deeds and attending documents upon full payment of the bid purchase price balance to the County
of Schuyler.
Vote: 7-0.
RESOLUTION NO. 348 Motion by Bingell, Second by Larison.
RE: RESOLUTION SUPPORTING A GRANT APPLICATION TO THE NEW YORK STATE
       DEPARTMENT OF STATE SHARED MUNICIPAL SERVICES INCENTIVE GRANT PROGRAM
       FOR A PAVEMENT MARKING TRUCK AND SUPPORT VEHICLE UNDER CATEGORY
       NUMBER TWO, SHARED HIGHWAY SERVICES INCENTIVE AWARDS
       WHEREAS, the Schuyler County Highway Department, the Steuben County Department of Public
Works and the Yates County Highway Department all have an annual need to provide timely, cost efficient and
high quality traffic control pavement markings on their respective County roads, and
138                                  SCHUYLER COUNTY LEGISLATURE
         WHEREAS, the Schuyler County Highway Department, the Steuben County Department of Public
Works and the Yates County Highway Department have agreed in principal to seek a grant to purchase a
pavement marking truck and support vehicle that would be co-owned by all three Counties, and
         WHEREAS, the Steuben County Department of Public Works will be the lead applicant for the grant
and if the grant is awarded, the pavement marking truck and support vehicle will be operated and maintained
primarily by the Steuben County Department of Public Works, and
         WHEREAS, the Schuyler County Public Works Committee has agreed to support the necessary budget
appropriations required to participate in the Shared Highway Services Incentive Awards program to purchase,
operate and maintain a pavement marking truck and support vehicle, and
         WHEREAS, contingent upon approval of the Schuyler County Attorney, the Schuyler County Public
Works Committee and the Schuyler County Legislature have agreed to participate in an Inter-Municipal
Agreement with Steuben and Yates Counties to purchase, operate and maintain a pavement marking truck and
support vehicle.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports a grant
application by Steuben, Yates and Schuyler Counties to the New York State Department of State Shared
Municipal Services Incentive Grant Program for the purchase of a pavement marking truck and support vehicle,
and
         BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Schuyler County Highway
Superintendent, Steuben County Public Works Commissioner, Yates County Highway Superintendent, Yates
County Administrator, Schuyler County Administrator and the Steuben County Administrator.
Vote: 7-0.
RESOLUTION NO. 349 Motion by Bingell, Second by Larison.
RE: RESOLUTION IN OPPOSITION OF STATE MANDATES BEING IMPLEMENTED WITHOUT
         INPUT OR DISCUSSION AT THE COUNTY LEVEL
         WHEREAS, it appears that there are more and more State Mandates coming down from the State
Legislature with no input or discussion from the local county governments, and
         WHEREAS, the most recent happens to be Assembly Bill A3467 and Senate Bill S5118 authorizing a
maximum of four hours excused leave to undertake a screening for breast cancer for county employees.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby opposes any
future mandating on local county governments relative to county employees without input or discussion, and
         BE IT FURTHER RESOLVED, that this Resolution be certified and forwarded to Governor Pataki,
Assemblyman Thomas F. O‟Mara, and Senator George H. Winner, Jr.
Vote: 7-0.
RESOLUTION NO. 350 Motion by Bingell, Second by Larison.
RE: MOTION TO BRING THREE (3) ADDITIONAL RESOLUTIONS TO THE FLOOR
         BE IT RESOLVED, that three (3) additional Resolutions be brought to the floor.
Vote: 7-0.
RESOLUTION NO. 351 Motion by Larison, Second by Bleiler.
RE: RECOGNIZE NATIONAL BUSINESS WOMEN‟S WEEK FROM OCTOBER 16 – 20, 2006
         WHEREAS, the Watkins Glen Business and Professional Women‟s Organization is celebrating its 66th
Anniversary in one of the oldest and largest organizations for workingwomen in the world, and
         WHEREAS, workingwomen constitute 69 million of the nation's work force and strive to serve their
communities, their states and their nation in professional, civic and cultural capacities, and
         WHEREAS, women-owned businesses account for 28 percent of all U.S. business, generating $1.2
trillion in sales, and
         WHEREAS, the major goals of Business and Professional Women/USA are to promote equality for all
women and to help create better conditions for workingwomen through the study of social, educational,
economic and political problems; all of us are proud of their leadership in these many fields of endeavor, and
         WHEREAS, since 1928, Business and Professional Women/USA has been spotlighting the
achievements and contributions of workingwomen during National Business Women‟s Week.
                                      PROCEEDINGS OF THE YEAR 2006                                             139
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes
October 16th through October 20th as National Business Women‟s Week® for the Watkins Glen Business and
Professional Women‟s Organization in Schuyler County.
Vote: 7-0.
RESOLUTION NO. 352 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE CONTRACT WITH PHILIP BARNES FOR INVESTIGATIVE SERVICES -
        DISTRICT ATTORNEY
        WHEREAS, the current Investigator for the District Attorney‟s Office has resigned, effective October
15, 2006, and
        WHEREAS, there is still a need for investigative services for the District Attorney‟s Office as a result of
the number of criminal cases pending in Schuyler County, and the District Attorney believes that an investigator
enhances his ability to prosecute the extensive number of criminal offenses within Schuyler County, and
        WHEREAS, the District Attorney requests that a contract with Philip Barnes be executed for
investigative services to the District Attorney‟s Office, with compensation to be paid at an hourly rate of
$27.77, for approximately 12 hours per week.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contact with Philip Barnes for investigative services to be provided to the District Attorney‟s Office
beginning October 16, 2006 through February 28, 2007, as long as grant funds are available; said contract with
Philip Barnes is to include compensation at a hourly rate of $27.77, for approximately 12 hours per week, to be
paid according to paragraph 6 of the contract. Said contract is subject to the approval of the Schuyler County
Attorney.
Vote: 7-0.
RESOLUTION NO. 353 Motion by Larison, Second by Bleiler.
RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2007
        WHEREAS, a public hearing in respect to the 2007 County Budget is required pursuant to County Law
Section 359.
        NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2007 County Budget be
held in the Court Room on the second floor of the Court House, 105 Ninth Street, Watkins Glen, NY on
November 13, 2006 at 6:30 p.m., to be followed by the Regular Meeting of the Legislature, and possible action
to adopt the 2007 Budget, and
        BE IT FURTHER RESOLVED, pursuant to County Law Section 152 that this resolution shall not be
effective unless approved by the affirmative vote of at least three-fourths of the total membership of the County
Legislature, and
        BE IT FURTHER RESOLVED, upon approval of this resolution, the Clerk of the Legislature shall give
appropriate public notice of said hearing, provide at least one hundred copies of the tentative budget, and
otherwise comply with the requirements of County Law Section 359.
DISCUSSION: Chairman Gifford asked if the date needed to be set now or could it wait until the Management
and Finance Committee met? The Clerk stated that it needs to be set by Resolution. Administrator O‟Hearn
stated that November 20 or 21st date would work. Legislator Bleiler stated that if the Management & Finance
Committee reviewed it next Wednesday, then 15 days later we could have the full Legislative review.
Administrator O‟Hearn said that at the normal Legislative Resolution Review Committee Meeting on
November 8th it could be reviewed. The Clerk stated that last year there was one Legislative Committee
meeting done prior to the review which was done prior to the Public Hearing. Legislative Slusser was told that
we are well past that with almost 30 days at this point. Legislator Bleiler stated that it depends on how long the
full Legislature wants to review portions of it but also added that he did not think there would much debate from
what he had seen up to this point. Legislator Fagan asked about doing it on November 13th along with the
Regular Board Meeting. He said they could also possibly adopt the budget after the Hearing at the Regular
Board Meeting. Chairman Gifford recapped the ideas stating that after Management and Finance Committee on
October 18th, the full Legislature will be ready to review the budget. Administrator O‟Hearn agreed that
November 13th would be fine for the public hearing. Chairman Gifford stated that he felt the 13th will work too.
140                                  SCHUYLER COUNTY LEGISLATURE
Legislator Fagan asked if the full Legislature would meet to review the budget? Chairman Gifford replied yes
and it would be done by a Special Meeting being scheduled.
Vote: 7-0.
RESOLUTION NO. 354 Motion by Larison, Second by Slusser.
RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION
         FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE
         INFRASTRUCTURE EXEMPTION
         WHEREAS, Section 485-g of the Real Property Tax Law of the State of New York provides for partial
exemption of real property receiving the Infrastructure Exemption, and
         WHEREAS, Real Property Tax Law Section 485-g permits a county to adopt legislation to provide that
partial exemption shall be applicable with respect to any real property receiving the Infrastructure Exemption.
         NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5 of the year 2006 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 8, 2006 at 9:00 a.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins
Glen, NY.
                              LOCAL LAW INTRO. NO. 5 OF THE YEAR 2006
         A local law providing for partial exemption by the County of Schuyler of Real Property Receiving the
Infrastructure Exemption.
         Be it enacted by the County Legislature of the County of Schuyler, as follows:
SECTION 1: LEGISLATIVE INTENT.
The purpose of this Local Law is to provide real estate tax relief to real property receiving the Infrastructure
Exemption.
SECTION 2: LEGISLATIVE AUTHORITY.
This Local Law is enacted pursuant to the provisions of Section 485-g of the RPTL of the State of New York.
SECTION 3: SHORT TITLE.
This Local Law shall hereafter be known as the Infrastructure Exemption Law.
SECTION 4: REAL PROPERTY TAX EXEMPTION.
A. Residential building lots which are part of a subdivision plat for residential development which includes
infrastructure intended to be dedicated to the municipal corporation or a special district thereof in accordance
with the provisions of this section shall be exempt from taxation to the extent of the increased assessed value of
such lots resulting from the addition of such infrastructure for a period until the issuance of a certificate of
occupancy but in no event longer than three years from granting of the exemption herein, which certifies that a
residence is constructed on a building lot in such subdivision. Such exemption shall be the value of the
infrastructure proportionately applied to each of the lots in the subdivision. Upon issuance of the certificate of
occupancy but in no event longer than three years from granting of the exemption herein, the exemption
provided by this subdivision shall lapse.
B. For purposes of this section infrastructure shall be comprised of the following public facilities which are
intended to be dedicated to the municipal corporation or a special district thereof: streets, storm and sanitary
sewers, drainage facilities and any other facilities required by the municipality to be installed in such residential
subdivision as noted on the filed plat plan for such residential subdivision.
SECTION 5: APPLICATION PROCESS.
A. Such exemption shall be granted only upon application by the owner of the real property on a form
prescribed and made available by the office of real property services. The applicant shall file the information as
required by the office of real property services. The application shall be filed with the assessor of the
appropriate assessing unit. Such application shall be filed on or before the appropriate taxable status date of
such assessing unit and not later than one year from the date of completion of such construction, installation or
improvement. On approved subdivision lots in which such infrastructure has been completed as of the effective
date of the local law or school district resolution providing that the exemption under this section shall be
applicable within its jurisdiction and for which a certificate of occupancy has not been issued, application shall
be made within one year from the effective date of such local law or school district resolution.
                                        PROCEEDINGS OF THE YEAR 2006                                            141
B. If the assessor receives an application by the owner of the real property, and is satisfied that the applicant is
entitled to an exemption pursuant to this section, the assessor shall approve the application and such real
property shall thereafter be exempt from taxation as herein provided commencing with the assessment roll
prepared after the taxable status date referred to in subdivision A of this section. The assessed value of any
exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the
taxable property, with the amount of the exemption entered in a separate column.
SECTION 6: VALIDITY.
If any section, subsection, paragraph, clause, sentence or phrase of this Local Law is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such decision shall not affect the validity of the remaining portion thereof.
SECTION 7: EFFECTIVE DATE.
This Local Law shall take effect immediately.
DISCUSSION: Attorney Coleman stated that the Legislature could reintroduce this local law and do another
Public Hearing at this point. Legislator Bleiler inquired as to what sense it makes to be reintroducing it, if the
Legislature did not want to do another hearing right away because it conflicts with the public hearing on budget
next month at the November Regular Meeting. He also reminded Legislators that they had received a letter
from the Agricultural & Farmland Protection District opposing it. Attorney Coleman said you could do an
introduction and Public Hearing at the November 8th Legislative Resolution Review Committee (LRRC)
meeting day because it is considered a public meeting. Chairman Gifford said that the date and a time of 9:00
a.m. on November 8th would work. The Legislative Clerk reminded them that the Professional Advisory
Council would be making a presentation that morning also at 9:30 a.m. according to the agenda.
Vote: 6-1. Bleiler No.
NEW BUSINESS: None.
UNFINISHED BUSINESS:
        Chairman Gifford reminded Legislators that Local Law Intro. No. 3 of the Year 2006, providing for
Partial Exemption from Taxation by the County of Schuyler of Real Property, receiving the Infrastructure
Exemption, Section 485-g of the Real Property Tax Law of the State of New York, is on the agenda for a
second time from being placed on the table. Legislator Bleiler stated that Roberts Rules say that technically it is
already dead and does not need to be addressed. The Clerk stated that it had been past practice for the
Legislature to place the tabled Resolution on the regular agenda for two month. Additional discussion occurred
to whether it should be reintroduced now or not. Also, additional discussion occurred regarding the
Agricultural & Farmland Protections current stance on the proposed Local Law, if they were still opposing it or
not.
REPORT ON STANDING COMMITTEES:
        Legislator Bleiler provided an update on the SCT BOCES Board meetings that he has been attending.
He stated that he has a concern that the State is not recognizing the Certified Educational Programs they offer.
He is concerned that the State does not approve of them as being credible under their guidelines when
individuals are applying for Pell Grant, etc. He will provide more information and updates later.
        Legislator Slusser provided an update on the Municipal Electric and Gas Alliance (MEGA) and the
Towers that are being put in place for Communication. He received information on Tompkins County Towers
and discussion occurred on what impact that would have on the Schuyler/Tompkins County borders if any. He
also discussed the Tompkins County Windpower project that is being done by the County not by any Company.
Legislator Bleiler inquired if MEGA has considered selling windpower? Legislator Slusser replied yes, but
MEGA is quite small. They are however trying to encourage people to use windpower, florescent lights and
overall conservation of energy.
        Legislator Fagan provided an update of the Transit Needs Assessment. There will be a Transportation
Study open house tomorrow. An invitation to the general public has gone out asking them to attend anytime
between 2:30-6:30 at the Watkins Glen Fire Station. The Consultant from Nelson/Nygaard will be there to talk
to anyone about the study and is asking for input from the public. He also provided an update on the Hotel
Project, by saying it will be starting officially next Monday. This will impact parking around the area. He also
pointed out the Tourist season s slowing down so the parking should not be too much of an issue.
142                                  SCHUYLER COUNTY LEGISLATURE
COUNTY ADMINISTRATOR’S REPORT:
        Administrator O‟Hearn reported that by July 2007, the County should know the status of State Wide
Network and everything seems to be moving forward. He also provided an update on the Shared Municipal
Services Grant. The grant plan will soon be resubmitted to apply for funding for a joint records facility. The
deadline for the application is October 23rd. We will be lowering the amount of funding that we will be asking
for this project and he believes this will help with the ability to get approved this time. We will also work on
adding additional information to beef up the Grant application too. O‟Hearn also provided an update of the
former Wall of Fame in the County Building. Cindy Kimble, Chamber of Commerce President, has said the
Board of Directors for the Chamber will be interested in reviving the Wall of Fame. They will be seeking
nominations and would like to continue being involved.
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 7:04 P.M.
                Stacy B. Husted, Clerk
                Sharlene A. Parker, Deputy Clerk
                                              SPECIAL MEETING
                                              NOVEMBER 08, 2006

        The November 8, 2006 Special Meeting of the Schuyler County Legislature was called to order at 9:00
a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment
of Silence. All Legislators were present. County Attorney Coleman and County Administrator O‟Hearn wer
also present.
PUBLIC PARTICIPATION: None.
9:00A.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 5/LOCAL LAW NO._OF THE YEAR
2006 PROVIDING FOR PARTIAL EXEMPTION BY THE COUNTY OF SCHUYLER OF REAL
PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION: None.
RESOLUTION NO. 354A 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.     LOCAL LAW INTRO. NO. 5 OF THE YEAR 2006 PROVIDING FOR PARTIAL
               EXEMPTION FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL
               PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION
        2.     AMEND RESOLUTION NO. 347-06 TITLED “ACCEPT/REJECT 2006 TAX AUCTION
               BIDS”
        3.     ALTERATIONS OF THE 2007 TENTATIVE BUDGET PURSUANT TO COUNTY LAW
               SECTION 358
Vote: 8-0
RESOLUTION NO. 355A Motion by Fagan, Second by Bleiler.
RE: MOTION TO AMEND RESOLUTION NO. 355
        BE IT RESOLVED, that Resolution No. 355 be amended to add language to Section 1. as follows in
bold:
        SECTION 1. LEGISLATIVE INTENT.
        The purpose of this Local Law is to provide real estate tax relief to real property receiving the
Infrastructure Exemption to those municipalities who have adopted a local land use law that will be
affected by this local law.
DISCUSSION: Legislator Fagan suggested that this local law be amended to reflect only those towns who have
adopted a local land use law. Attorney Coleman explained that some towns like the Town of Reading did not
adopt a law, they adopted a land use law. It covers zoning and land use control laws by any other name.
Legislator Bleiler asked if it should say land use laws applied to development purposes, or is that assumed?
Attorney Coleman stated that it can not be assumed. Legislator Bleiler said they could adopt it for only one
                                         PROCEEDINGS OF THE YEAR 2006                                            143
purpose. Attorney Coleman said the Town of Reading does not speak to subdivisions. Legislator Bleiler would
like to add an amendment to the local law that adds the words…..”affected by this local law”. Attorney
Coleman explained that because of an amendment this local law will have to have another public hearing.
County Administrator O‟Hearn asked Attorney Coleman if there are any home rule issues on adding this
amendment that applies differently from town to town. Attorney Coleman said he is okay with it. Counties do
not have zoning law enforcement. Legislator Bingell asked if a building lot is like the hotel. Attorney Coleman
stated that it is for a subdivision only.
Vote: 7-1 Noes: Gifford.
RESOLUTION NO. 355 Motion by Larison, Second by Bingell.
RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION
        FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE
        INFRASTRUCTURE EXEMPTION – AS AMENDED
        WHEREAS, Local Law Intro. No. 5/Local Law No. of the Year 2006 Providing for partial exemption
from taxation by the County of Schuyler of Real Property receiving the Infrastructure Exemption was
heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to
be held November 8, 2006 at 9:00 a.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
2006, in the form hereto annexed be, and hereby is, passed as amended to be re-introduced for another public
hearing.
                       LOCAL LAW INTRO. NO. 5/LOCAL LAW NO.                     OF THE YEAR 2006
        A local law providing for partial exemption by the County of Schuyler of Real Property Receiving the
Infrastructure Exemption.
        Be it enacted by the County Legislature of the County of Schuyler, as follows:
SECTION 1: LEGISLATIVE INTENT.
The purpose of this Local Law is to provide real estate tax relief to real property receiving the Infrastructure
Exemption to those municipalities who have adopted a local land use law that will be affected by this local law.
SECTION 2: LEGISLATIVE AUTHORITY.
This Local Law is enacted pursuant to the provisions of Section 485-g of the RPTL of the State of New York.
SECTION 3: SHORT TITLE.
This Local Law shall hereafter be known as the Infrastructure Exemption Law.
SECTION 4: REAL PROPERTY TAX EXEMPTION.
A. Residential building lots which are part of a subdivision plat for residential development which includes
infrastructure intended to be dedicated to the municipal corporation or a special district thereof in accordance
with the provisions of this section shall be exempt from taxation to the extent of the increased assessed value of
such lots resulting from the addition of such infrastructure for a period until the issuance of a certificate of
occupancy but in no event longer than three years from granting of the exemption herein, which certifies that a
residence is constructed on a building lot in such subdivision. Such exemption shall be the value of the
infrastructure proportionately applied to each of the lots in the subdivision. Upon issuance of the certificate of
occupancy but in no event longer than three years from granting of the exemption herein, the exemption
provided by this subdivision shall lapse.
B. For purposes of this section infrastructure shall be comprised of the following public facilities which are
intended to be dedicated to the municipal corporation or a special district thereof: streets, storm and sanitary
sewers, drainage facilities and any other facilities required by the municipality to be installed in such residential
subdivision as noted on the filed plat plan for such residential subdivision.
SECTION 5: APPLICATION PROCESS.
A. Such exemption shall be granted only upon application by the owner of the real property on a form
prescribed and made available by the office of real property services. The applicant shall file the information as
required by the office of real property services. The application shall be filed with the assessor of the
appropriate assessing unit. Such application shall be filed on or before the appropriate taxable status date of
144                                  SCHUYLER COUNTY LEGISLATURE
such assessing unit and not later than one year from the date of completion of such construction, installation or
improvement. On approved subdivision lots in which such infrastructure has been completed as of the effective
date of the local law or school district resolution providing that the exemption under this section shall be
applicable within its jurisdiction and for which a certificate of occupancy has not been issued, application shall
be made within one year from the effective date of such local law or school district resolution.
B. If the assessor receives an application by the owner of the real property, and is satisfied that the applicant is
entitled to an exemption pursuant to this section, the assessor shall approve the application and such real
property shall thereafter be exempt from taxation as herein provided commencing with the assessment roll
prepared after the taxable status date referred to in subdivision A of this section. The assessed value of any
exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the
taxable property, with the amount of the exemption entered in a separate column.
SECTION 6: VALIDITY.
If any section, subsection, paragraph, clause, sentence or phrase of this Local Law is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such decision shall not affect the validity of the remaining portion thereof.
SECTION 7: EFFECTIVE DATE.
This Local Law shall take effect immediately.
Vote: 8-0.
RESOLUTION NO. 356 Motion by Larison, Second by Bingell.
RE: AMEND RESOLUTION NO. 347-06 TITLED “ACCEPT/REJECT 2006 TAX AUCTION BIDS”
        WHEREAS, a bid from the September sale was made by an ineligible bidder due to default on another
parcel, contrary to the established policy.
        NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby resolves that said
bid be and hereby is rejected:
        BIDDER'S NAME:                 Michael Coppola
        BIDDER'S ADDRESS:              1251 Pennsylvania Ave.
                                       Pine City, NY 14871
        AMOUNT OF BID:                 $550.00
        FORMER OWNER:                  Great Spaces, LLC
        TAX MAP #:                     87.16-2-13.1
        LOCATION:                      Catharine, and
        BE IT FURTHER RESOLVED, that Resolution No. 347-06 be amended to remove said bidder from
that Resolution.
DISCUSSION: Legislator Bleiler asked why we were rejecting this bid. Attorney Coleman explained that he
has not paid taxes on other properties. He is ineligible to bid.
Vote: 8-0.
RESOLUTION NO. 357 Motion by Larison, Second by Bingell.
RE: ALTERATION OF THE 2007 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION
        358 – LEGISLATURE
        BE IT RESOLVED, that the Tentative Budget for 2007 be altered and modified by the following:
        AMOUNT                  ACCOUNT NO.                   DESCRIPTION
        +$47,000                1010.1080                     Payment in Lieu of Taxes
Vote: 8-0.
RESOLUTION NO. 358 Motion by Larison, Second by Fagan.
RE: ALTERATION OF THE 2007 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION
        358 – REAL PROPERTY TAX
        BE IT RESOLVED, that the Tentative Budget for 2007 be altered and modified by the following:
        AMOUNT                  ACCOUNT NO.                   DESCRIPTION
        +$17,135                1355.2210                     General Services
        +$ 2,900                1355.3040                     Tax Administration
Vote: 8-0.
                                        PROCEEDINGS OF THE YEAR 2006                                          145
RESOLUTION NO. 359 Motion by Larison, Second by Fagan.
RE: ALTERATION OF THE 2007 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION
        358 – PUBLIC HEALTH
        BE IT RESOLVED, that the Tentative Budget for 2007 be altered and modified by the following:
        AMOUNT                  ACCOUNT NO.                   DESCRIPTION
        -$12,000                4010.100                      Personnel Services
Vote: 8-0.
        Administrator O‟Hearn stated that he had been receiving phone calls on behalf of the Board of Elections
and he does continue to support the salary adjustment to them.
PUBLIC PARTICIPATION:
        Barbara Halpin of SCOPED asked if the Local Law on 485G is for only those municipalities that have
some sort of subdivision ordinance that will be the ones eligible for this exemption. Legislator Bleiler stated
that this tells all the towns that they need to speak at the next Public Hearing or hold their piece. This will be
re-introduced and another public hearing scheduled to adopt it later. Legislator Fagan read from the letter the
Farmland Protection Board wrote, which is on file.
The Meeting adjourned at 9:24 A.M.
                 Stacy B. Husted, Clerk
                                              REGULAR MEETING
                                               NOVEMBER 13, 2006

        The November 13, 2006 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 Bingell and followed by a Moment
of Silence. All Legislators were present. County Attorney Coleman and County Administrator O‟Hearn were
also present.
6:30 P.M. PUBLIC HEARING ON THE TENTATIVE 2007 SCHUYLER COUNTY BUDGET:
        County Administrator O‟Hearn addressed approximately thirty-five individuals in the Court Room
audience and referred to a handout that explained in detail the Performance Based Budget information that was
being discussed. O‟Hearn stated that this is the second year of the Performance Based Budget which goes along
with the standard line item budget that the County prepares each year. He provided a Power-point presentation
which explained that the Performance Based Budget is different from the line item budget because it is much
easier for the public to understand the allocations better. He reminded the public that Public Services are for the
benefit of the public who are the customers of those services. He stated that budgeting should be more than a
process for allocating resources and should be looked on as a process for encouraging improvements in services
and outcomes. Public budgets should be informative and transparent to the public. He stated that the County
website will host the Performance Based Budget if the public is interested in reviewing copies and hard copies
will also be available once it is finalized.
        O‟Hearn also gave special acknowledgement to several staff that assisted with the organization of the
budget, which included Stacy Husted, Clerk of the Legislature, Sharlene Parker, Deputy Clerk of the
Legislature and Peggy Tomassi, Confidential Secretary to the County Administrator and Margaret Starbuck,
Treasurer. O‟Hearn reviewed the tentative 2007 budget figures by stating that this year they tried to make it
much easier to read with providing easier to read charts with the data. The bottom line for the new tax rate is
$9.23 per $1,000 of assessed value and if you want to analyze it more then you can go by areas and review the
breakdowns. This will list expenditures and revenues. Fringes will be listed in the costs for each of the
departments. This will give comparisons for last years figures too. When you scroll down on the website, you
can review all of the figures. O‟Hearn also acknowledged the Social Services Commissioner, William Weiss
for his assistance with designing the graphs. He continued with reviewing the 2007 Budget overview by
reviewing spending increases of (14.9%) and revenue increases of (18.5%). The $39,305,220 spending plan
includes a tax levy increase of 2% over 2006. The tax-rate decrease is attributed in part to increased property
values in the county. This translates to a Tax Rate decrease of 12.1% down from the $10.50 this year. He then
reviewed additional budget highlights, discussed the Medicaid Cap and how it had impacted the local costs in a
beneficial way.
146                                   SCHUYLER COUNTY LEGISLATURE
         Departmental initiatives for 2007 were part of the discussion, which includes the new Sheriff‟s Weekend
Alternative Program (S.W.E.A.P), which is a new program the Sheriff‟s Department will be starting. They will
have individuals coming in on weekends to do community service. This will be a new sentencing option.
O‟Hearn also reviewed the new Highway innovative Bridge Grant for County Route 23 and acknowledged
Greg Mathews for working hard to get the grant. They are also looking at using Central Garage to do
maintenance on vehicles more than what is currently being done and adding additional maintenance
opportunities possibly to other organizations such as the schools. He stated that there has been a lot of
consolidated office space discussion, shared service opportunities which will lead to increased efficiencies and
economies of operation. He stated that the District Attorney also has an initiative with the Project Impact. He
also highlighted the Probation Department with their consolidated Community Service Position/ATI Savings.
And lastly O‟Hearn pointed out that the Treasurer had eliminated a Chief Accountant position in her department
which would be an additional savings to the County.
         O‟Hearn spent some time discussing the new Shared Services plan through the County Assisted Real
Property Assessment, which would lower costs to municipalities. There was also discussion on the new
proposed Shared Records Management Facility at the former Watkins Glen Bus Garage, which is anticipating
grant funding. Then there was additional discussion in regards to the Highway Department and their Equipment
Maintenance Facilities, which O‟Hearn once again acknowledged Greg Mathews, Highway Superintendent.
O‟Hearn also pointed out additional shared services through the Shared Fuel Facility and the Council of
Governments.
         Then O‟Hearn reviewed the 2007 Budget figures per Town and how they are related to the equalization
rates set by the State. There are differences in towns and discussed how the County Wide Assessments would
help distribute taxes more fairly.
         O‟Hearn ended his presentation by providing additional acknowledgement to the Legislators and Staff
that helped assist with the budget preparation. He then opened the presentation up for questions and comments
from the public.
         Connie Fern-Miller, Public Defender, stood and introduced herself and then proceeded to remind Mr.
O‟Hearn that the Public Defender‟s office should also be included in acknowledgment of the efforts of
receiving a Grant in the amount of $53,000 for conflict defenders at a rate of $75 per hour, which is a savings
significantly to the County. Administrator O‟Hearn and Chairman Gifford echoed a reply by stating that they
could have probably taken an example from each department that would show that they had made strides with
initiatives, but he only highlighted a few.
         The Public Hearing adjourned at 7:07 P.M.
7:08 P.M. – PRESENTATION BY THE COUNCIL OF GOVERNMENTS TO WILLIAM KENNEDY,
EMERGENCY MANAGEMENT COORDINATOR AND RICHARD CHURCHES, DEPUTY
EMERGENCY MANAGEMENT COORDINATOR FOR THEIR EFFORTS ON THE NATIONAL
INCIDENT MANAGEMENT SYSTEMS (NIMS) TRAINING:
         Chairman Gifford introduced the Council of Governments Representatives; Dale Walters, Mayor of the
Village of Burdett and Benjamin Dickens, Supervisor of the Town of Hector. Dale Walters read a resolution
that was being presented to Emergency Management for the outstanding efforts of William Kennedy & Richard
Churches on the National Incident Management (NIMS) Training.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 360 Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE OCTOBER 10, 2006 REGULAR MEETING OF THE SCHUYLER
         COUNTY LEGISLATURE
         BE IT RESOLVED, that minutes of the October 10, 2006 Regular Meeting of the Schuyler County
Legislature be approved.
Vote: 8-0.
RESOLUTION NO. 361 Motion by Fagan, Second by Bingell.
RE: RESOLUTION SUPPORTING THE U.S. HOUSE OF REPRESENTATIVES IN ENACTING A BILL
         TO PROVIDE FOR AN INCOME TAX REFUNDABLE CREDIT FOR EMERGENCY SERVICE
         VOLUNTEERS
                                        PROCEEDINGS OF THE YEAR 2006                                       147
        WHEREAS, Congressmen Kuhl has introduced a bill to offer an incentive program for emergency
services volunteers, and
        WHEREAS, a provision of the bill would amend the Internal Revenue Code of 1986 to allow a $2,000
refundable credit for individuals who are active members of volunteer firefighting and emergency medical
service organizations, and
        WHEREAS, the Public Safety/Criminal Justice Committee recommends supporting Congressmen
Kuhl‟s bill.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby encourages
Congress to pass Congressmen Kuhl‟s Bill to allow a refundable credit for emergency services volunteers, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to the Inter-
County Association of Western New York.
Vote: 8-0.
RESOLUTION NO. 362 Motion by Fagan, Second by Bingell.
RE: RESOLUTION TO AUTHORIZE CORNELL COOPERATIVE EXTENSION OF SCHUYLER
        COUNTY TO SUBMIT AN APPLICATION ON THE COUNTY‟S BEHALF TO THE
        DEPARTMENT OF STATE QUALITY COMMUNITIES PROGRAM (2006) FOR
        ENVIRONMENTAL PROTECTION FUNDS TO SUPPORT A SCHUYLER COUNTY HOUSING
        NEEDS ASSESSMENT – AS AMENDED BY RESOLUTION NO. 400-06
        WHEREAS, the Schuyler County Legislature, in accordance with the Schuyler County Comprehensive
Plan and on recommendation of planning and economic development agencies with in the county, desires to
undertake a comprehensive assessment of housing conditions, affordability, supply and markets to promote
sustainable land use patterns, community revitalization and economic growth, and
        WHEREAS, the New York State Quality Communities Program provides funds through a competitive
process for similar planning studies, and
        WHEREAS, the funds solicited through this program will be used for the purposed of development of
said Housing Needs Assessment in an amount not to exceed $40,000, and that the County will commit to no
more than $10,000 in match via in-kind contributions and cash, in cooperation with Cornell Cooperative
Extension of Schuyler County and the Schuyler County Partnership for Economic Development, and
        WHEREAS, Schuyler County is a co-applicant for said application.
        NOW, THEREFORE BE IT RESOLVED, that Cornell Cooperative Extension is hereby authorized to
prepare an application as lead applicant to the Department of State Quality Communities Program (2006) for
Environmental Protection Funds to support a Schuyler County Housing Needs Assessment.
Vote: 8-0.
RESOLUTION NO. 363 Motion by Fagan, Second by Bingell.
RE: RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT-IN-
        AID FOR A MUNICIPAL WASTE REDUCTION AND/OR RECYCLING PROJECT WHICH WILL
        COVER 2009-2011 AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE
        APPROPRIATE LAWS OF NEW YORK STATE
        WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal
recycling projects; and
        WHEREAS, the Schuyler County Legislature herein called the MUNICIPALITY, has examined and
duly considered the applicable laws of the State of New York 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 a Contract by and between THE PEOPLE OF THE STATE OF NEW
YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid.
        NOW, THEREFORE, BE IT RESOLVED, by the Schuyler County Legislature:
    1. That the filing of an application in the form required by the State of New York in conformity with the
        laws of the State of New York including all understandings and assurances contained in said application
        is hereby authorized.
148                                   SCHUYLER COUNTY LEGISLATURE
    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 and to sign the resulting contract if said application is approved by the STATE;
    3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said Municipal Waste
        Reduction and/or Recycling Project.
    4. That five (5) Certified Copies of this Resolution be prepared and sent to the NEW YORK STATE
        DEPARTMENT OF ENVIRONMENTAL CONSERVATION, ALBANY, NEW YORK 12233-7253,
        together with ONE complete application when notified that funding is available and a full application is
        due.
That this resolution shall take effect immediately.
Vote: 8-0.
RESOLUTION NO. 364 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE AGREEMENT WITH GRETCHEN A. JACOBS FOR EARLY INTERVENTION
        SERVICES FOR 2006 - 2007 - PUBLIC HEALTH
        WHEREAS, the Public Health Department is required to provide Early Intervention services for Children,
and
        WHEREAS, Gretchen A. Jacobs is approved as a provider for Early Intervention Special Education
teaching, and
        WHEREAS, rates paid for Early Intervention services provided under this agreement are set by the New
York State Department of Health and are not subject to negotiation.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into an agreement with Gretchen A. Jacobs for Early Intervention services, effective November 1, 2006
through December 31, 2007, at rates established by the New York State Department of Health, to be renewed
annually on the calendar year, funds available in the Public Health budget, account no. 4054.490, subject to the
approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 365 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE CONTRACT AMENDMENT WITH THE COUNCIL ON ALCOHOLISM AND
        OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES AND AMEND THE 2006
        BUDGET - COMMUNITY SERVICES
        WHEREAS, the Community Services Department currently has a contract with the Council on
Alcoholism and Other Chemical Dependencies of the Finger Lakes (Council on Alcoholism) in an amount not
to exceed $165,897 for 2006, and
        WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has
issued a revised State Aid letter, increasing funding to the Council on Alcoholism by $5,936.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an amendment to the contract with the Council on Alcoholism for alcoholism and substance abuse
prevention services increasing the amount of the contract by $5,936 to an amount not to exceed $171,833,
subject to the approval of the County Attorney, and
        BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2006 County
Budget as follows:
        AMOUNT                  ACCOUNT NO.                   DESCRIPTION
        +$5,936                 4322.550                      Council on Alcoholism
        +$5,936                 4322-3490                     State Aid - Mental Health
Vote: 8-0.
RESOLUTION NO. 366 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE CONTRACT AMENDMENT WITH FINGER LAKES ADDICTIONS COUNSELING
        AND REFERRAL AGENCY (FLACRA) AND AMEND THE 2006 BUDGET - COMMUNITY
        SERVICES
        WHEREAS, the Community Services Department currently has a contract with FLACRA in an amount
not to exceed $83,480 for 2006, and
                                        PROCEEDINGS OF THE YEAR 2006                                        149
        WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has
issued a revised State Aid letter, increasing funding to the Council on Alcoholism by $539.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an amendment to the contract with FLACRA for alcoholism and substance abuse treatment services
increasing the amount of the contract by $539 to an amount not to exceed $84,019, subject to the approval of
the County Attorney, and
        BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2006 County
Budget as follows:
        AMOUNT                 ACCOUNT NO.                    DESCRIPTION
        +$539                  4322.336                       FLACRA
        +$539                  4322-3490                      State Aid - Mental Health
Vote: 8-0.
RESOLUTION NO. 367 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE             CONTRACT           AMENDMENT           WITH      AFFILIATED       PSYCHOLOGICAL
        CONSULTANTS, P.C. FOR CLINIC SERVICES FOR 2006 - COMMUNITY SERVICES
        WHEREAS, the Community Services Department currently has a contract with Affiliated Psychological
Consultants, P.C., for mental health workers, and
        WHEREAS, there is a temporary need for additional mental health services workers to provide clinic
services, and
        WHEREAS, Affiliated Psychological Consultants, P.C. is able to provide qualified Social Workers to
work in the Mental Health Clinic.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract amendment with Affiliated Psychological Consultants, P.C. to include the provision of
additional services in an amount not to exceed $20,000, total funding of this contract not to exceed $215,462,
subject to the approval by the Schuyler County Attorney, and
        BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2006
County Mental Health Budget as follows:
        AMOUNT                 ACCOUNT NO.                    DESCRIPTION
        +$20,000               4310.435                       Professional Fees
        +$20,000               4310.1620                      Mental Health Fees
Vote: 8-0.
RESOLUTION NO. 368 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT AMENDMENT WITH HEALTH CARE COMPLIANCE ENTERPRISE,
        LLC - COMMUNITY SERVICES
        WHEREAS, the Community Services Department currently has a contract with Health Care Compliance
Enterprise, LLC for consultation services regarding regulatory compliance, in an amount not to exceed $8,000 for
2006, and
        WHEREAS, this amount has been exhausted and additional work is necessary to prepare for the upcoming
regulatory review of the Mental Health Clinic.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an amendment to the agreement with Health Care Compliance Enterprise, LLC for consultation services,
increasing the amount of the contract by $3,000 to an amount not to exceed $11,000, funds available in the 2006
Mental Health budget, account no. 4310.435-4316, at no local share cost, subject to the approval of the County
Attorney.
Vote: 8-0.
RESOLUTION NO. 369 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT AMENDMENT WITH FINGER LAKES PARENT NETWORK, INC. –
        COMMUNITY SERVICES
        WHEREAS, the Community Services Department currently has a contract with Finger Lakes Parent
Network, Inc., for family support services and for the provision of parent advocates, and
150                                  SCHUYLER COUNTY LEGISLATURE
        WHEREAS, the New York State Office of Mental Health has issued a revised State Aid letter,
increasing funding to Finger Lakes Parent Network, Inc. by $291.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an amendment to the contract with Finger Lakes Parent Network increasing the amount of the contract
by $291 to an amount not to exceed $41,828, funding available in the Mental Health budget, account no.
4310.435, with no local share cost, subject to the approval of the County Attorney.
Vote: 8-0.
RESOLUTION NO. 370 Motion by Yuhasz, Second by Bingell.
RE: RECOGNIZE NOVEMBER 20, 2006 AS PUBLIC HEALTH THANK YOU DAY – HEALTH
        SERVICES
        WHEREAS, Research!America, The Association of Schools of Public Health, the Association of State
and Territorial Health Officials and the National Association of County & City Health Offices have invited
others to join with them in celebrating public health heroes on Monday, November 20, 2006, and
        WHEREAS, we would like to thank everyone involved in helping us keep healthy, safe and educated,
with the limited budgets available, and
        WHEREAS, thanks to Public Health efforts, we are protected from health dangers, such as food safety,
restaurant safety, sanitation safety, communicable diseases (TB, childhood diseases, influenza, etc.) sexually
transmitted infections, HIV / AIDS, safe drinking water and many more.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes November
20, 2006 as Public Health Thank You Day.
Vote: 8-0.
RESOLUTION NO. 371A Motion by Bingell, Second by Fagan.
RE: MOTION TO TABLE RESOLUTION NO. 371
        BE IT RESOLVED, that Resolution No. 371 be tabled due to the body of the Resolution missing.
Vote: 8-0.
RESOLUTION NO. 371 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE GRANT APPLICATION FOR THE LAMOKA/WANETA LAKES ONSITE
        WASTEWATER SYSTEM IMPROVEMENT PROGRAM - TABLED
RESOLUTION NO. 372 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE RATE RENEWAL WITH EXCELLUS BLUE CROSS/BLUESHIELD OF CENTRAL
        NEW YORK FOR HEALTH INSURANCE FOR THE YEAR 2007
        BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a premium
rate renewal agreement with Excellus Blue Cross/Blue Shield of Central New York for health insurance
coverage for county employee groups for the term of January 1, 2007 through December 31, 2007, with rates
per month as follows, subject to the approval of the Schuyler County Attorney:
                       Schuyler County Plans 1440500, 1440501, 1440502, 1440570
                       (Admin. Unit - Rx $10/$25)
                       Family $ 1105.88                      Individual $ 433.69

                      Schuyler County Plans 1440503, 1440504, 1440505, 1440573
                      (Sheriff Unit(s)- Rx $10/$20/$50)
                      Family $ 1085.82                  Individual $ 425.82

                   Schuyler County Plans 1440506, 1440507, 1440508, 1440576
                   (Hwy. Unit/Management/Confidential, Elected Officials, Attorneys,
                   Physicians, other Municipalities and Retirees - Rx $5/$15/$30)
                   Family $ 1094.58                     Individual $ 429.25
NOTE: The above rates represent a 2% increase from 2006.
Vote: 8-0.
RESOLUTION NO. 373 Motion by Larison, Second by Bingell.
RE: AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR 2007
                                   PROCEEDINGS OF THE YEAR 2006                                       151
        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, 2007 through December 31, 2007, with rates per month as follows, subject to the approval of the
Schuyler County Attorney:
              Schuyler County Dental Plan DT 4790
              (Highway Unit/Management/Confidential, Elected Officials, Attorneys,
              Physicians, other Municipalities and Retirees)
              Family $54.77 Mo.                    Individual $15.67 Mo.

              Schuyler County Dental Plan DT 4965 (Sheriff Unit(s))
              Family $56.96 Mo.                 Individual $16.27 Mo.

              Schuyler County Dental Plan DT 4994 (Administrative Unit)
              Family $57.60 Mo.                 Individual $16.46 Mo.
Vote: 8-0.
RESOLUTION NO. 374 Motion by Larison, Second by Bingell.
RE: AUTHORIZE RATE RENEWAL FOR VISION COVERAGE PREMIUM
        BE IT RESOLVED, that the Schuyler County Legislature hereby renews the monthly premium for
vision coverage for Schuyler County to be $5.25-Individual and $13.65-Family.
Vote: 8-0.
RESOLUTION NO. 375 Motion by Larison, Second by Bingell.
RE: AMEND THE SCHUYLER COUNTY POLICIES AND PROCEDURES MANUAL TO PROVIDE
        LEAVE OF ABSENCE FOR MILITARY SPOUSES
        WHEREAS, on August 16, 2006 a new state law went into effect (which has been codified as Section
202-I of the New York Labor law) that requires certain employers to provide employees who are married to
members of the armed forces with up to ten days of unpaid leave upon request, and
        WHEREAS, this law applies to all public and private entities in New York State that employ 20 or more
employees in at least one site, and
        WHEREAS, said policy has been reviewed and approved by labor counsel.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby amends the
Policies and Procedures Manual, by the addition of the following:
7.5    Military Spouses – Leave of Absence
In accordance with Section 202-I of the New York Labor Law, an employee who is married to a member of the
armed forces of the United States, national guard, or reserves who has been deployed during a period of military
conflict to a combat theater or combat zone of operations, shall be allowed up to ten (10) days of unpaid leave
upon request. A “period of military conflict” is defined in the law to mean a period of war declared by the
United States Congress, or in which a member of a reserve component of the armed forces is ordered to active
duty. The leave may only be used when the employee‟s spouse is on leave from the armed forces during a
period of military conflict.
Vote: 8-0.
RESOLUTION NO. 376 Motion by Bingell, Second by Larison.
RE: AUTHORIZE MEDICAL/DENTAL PLAN CHANGE FOR EXEMPT EMPLOYEES
        WHEREAS, in an effort to move towards a reduction in the number of health plans administered by the
County, it is recommended that exempt employees be placed in the same Medical and Dental group as the
Highway Unit with a three-tier prescription drug plan of $5/$15/$30.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the
conversion of employees in the Management/Confidential Salary Plan, elected officials, attorneys, physicians,
other municipalities and retirees in these groups from the present Medical/Dental Plans 1440503, 1440504,
144505, 1440573, and DT4965 to Medical/Dental Plans 1440506, 1440507, 1440508, 1440576, and DT4790,
effective January 1, 2007.
152                                    SCHUYLER COUNTY LEGISLATURE
Vote: 8-0.
RESOLUTION NO. 377 Motion by Bingell, Second by Larison.
RE: AUTHORIZE CHANGES TO INSURANCE BUY-OUT PROGRAM FOR ALL COUNTY
        EMPLOYEES – HUMAN RESOURCES – AS AMENDED BY RESOLUTION NO. 145-07
        WHEREAS, the County has offered an insurance buy-out program to all county employees in an effort
to save costs in the health insurance area since 2001, and
        WHEREAS, effective beginning with the year 2007, the County wishes to allow married employees to
participate in this program.
        NOW, THEREFORE, BE IT RESOLVED, that the Human Resources Department be authorized and
directed to offer an insurance buy-out option to all county employees, as follows:
        An eligible employee may decline the health, dental and vision coverage provided by the Employer, and
instead elect to receive payment of One Thousand Two hundred Fifty Dollars ($1,250) for a Full-Time
employee for each full calendar year that he or she declines family coverage, or Six Hundred Fifty Dollars
($650) for a Full-Time employee for each full calendar year that he or she declines individual coverage. The
Employer shall provide an eligible employee with a pro-rated payment for a partial year of declined coverage.
An eligible employee is defined as any Full-Time or Less Than Full-Time county employee, including elected
officials, attorneys and physicians who are eligible for the county‟s health insurance regardless of their marital
status. A Less Than Full-Time employee shall be entitled to a pro-rated payment for each full calendar year
that he or she declines coverage.
        Upon satisfaction of the conditions set forth below, payment will be made the last pay period of the
calendar year.
        In order to receive all or part of the payment set forth above, the employee must:
        (i)      have been employed by Schuyler County during the calendar year, and
        (ii)     provide satisfactory documentation establishing that the employee was covered under a health
                 insurance plan to which another individual subscribed. Such documentation must be provided to
                 the Human Resources Department by December 1st of the calendar year.
        An eligible employee who currently participates in the Employer‟s Plan may decline health, dental and
vision coverage (to be effective on January 1 of the following year) only between November 1 and November
15 of the current year. The County may, in its sole discretion, grant a request to decline coverage that is made
before November 1 or after November 15.
        After an employee declines such health, dental and vision coverage, the employee will not be eligible to
enroll in the Employer‟s Plan unless the employee provides satisfactory documentation that the employee no
longer has alternate coverage. Under such circumstances, the employee shall be allowed to enroll in the
Employer‟s Plan, subject to the Plan‟s enrollment procedures and requirements. When an employee enrolls in
the Employer‟s Plan during the Plan year, the employee shall be eligible to receive (at the end of the calendar
year) a pro-rated payment based upon the number of months during the year for which the employee did not
receive coverage under the Plan, and
        BE IT FURTHER RESOLVED, that this buyout offer may be terminated by the County, with notice to
be given by November 1st of any year, except for those obligations mandated by union contract.
Vote: 8-0.
RESOLUTION NO. 378 Motion by Bingell, Second by Larison.
RE: RECOGNITION OF THE BIFURCATION OF THE SCHUYLER COUNTY DEPUTY SHERIFF‟S
        ASSOCIATION – AS AMENDED BY RESOLUTION NO. 442-06
        WHEREAS, at a meeting on October 2, 2006, of the Schuyler County Deputy Sheriffs Association, the
membership voted to bifurcate the existing union; separating the road patrol from the correction officers/civil
employees thereby forming two separate bargaining units, and
        WHEREAS, they have requested that the county voluntarily recognize these two separate bargaining
units, and the County Administrator and Sheriff concur with this request.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby recognize
the Schuyler County Correction Officers Benevolent Association as the sole and exclusive representative for the
purpose of Collective Bargaining for the titles of Correction Officer, Correction Officer Sergeant, Dispatcher,
                                       PROCEEDINGS OF THE YEAR 2006                                               153
Animal Control Officer, Sr. Account Clerk Typist, Data Entry Machine Operator, Special Patrol Officer,
Transport Aide – Female, Cook, and Laborer in the Schuyler County Sheriff‟s Department, and
         BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby recognize the
Schuyler County Road Patrol Association as the sole and exclusive representative for the purpose of Collective
Bargaining for the titles of Deputy Sheriff, Deputy Sheriff Sergeant, and Deputy Sheriff Lieutenant.
Vote: 8-0.
RESOLUTION NO. 379 Motion by Larison, Second by Bingell.
RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR UNEMPLOYMENT –
         TREASURER‟S OFFICE
         WHEREAS, line item no. 9050.805-Unemployment in the 2006 budget is over-expended as of
the 3rd Quarter billing.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer $7,000 from Contingency account no. 1990.500 to account no. 9050.805-Unemployment.
Vote: 8-0.
RESOLUTION NO. 380 Motion by Larison, Second by Bingell.
RE: LOCAL LAW INTRO. NO. 6 OF THE YEAR 2006 SETTING SALARIES FOR CERTAIN PUBLIC
         OFFICERS FOR THE YEAR 2007
         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. 6 of the year 2006 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 11, 2006 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street,
Watkins Glen, NY.
                              LOCAL LAW INTRO. NO. 6 OF THE YEAR 2006
         A Local Law Setting Salaries for Certain Public Officers for the Year 2007.
         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, 2007.
         2.      The following public officers are subject to the provisions hereof:
Personnel Officer                      $44,723                  Public Defender                $79,641
County Attorney                        $53,998                  Asst. Public Defender          $39,821
Assistant County Attorney              $71,975                  Deputy County Clerk            $34,940
Assistant County Attorney              $64,327                  Chief Asst. District Attorney $66,593
Conf. Sec‟y. to County Attorney        $40,972                  Asst. District Attorney        $44,100
Commissioner of Social Services        $64,683                  Deputy County Treasurer        $34,275
Clerk of the Legislature               $42,180                  Highway Superintendent         $57,813
Deputy Clerk of the Legislature        $34,795                  Deputy Highway Super.          $46,647
Real Property Tax Director             $52,992                  Undersheriff                   $49,358
         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: 8-0.
RESOLUTION NO. 381 Motion by Larison, Second by Bingell.
RE: ACCEPT/REJECT BIDS FOR FIRE ALARM TESTING AND MAINTENANCE – BUILDINGS AND
         GROUNDS
         WHEREAS, Resolution No. 334-06 authorized advertisement for Fire Alarm Testing and Maintenance
for a period of three years, and
         WHEREAS, said bids were opened October 20, 2006.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the
Building Maintenance Supervisor‟s recommendation of the low bidder, CPE InterLink/Sentry Alarms, 357 East
154                                    SCHUYLER COUNTY LEGISLATURE
 th
5 Street, Elmira, NY 14901 for the Fire Alarm Testing and Maintenance contract at the low bid of $11,790 for
the term January 1, 2007, through December 31, 2009, and that funding is available in Buildings and Grounds
2007 budget account no. 1620.400, and
        BE IT FURTHER RESOLVED, that the following bid be rejected:
                         Fire Alarm Service Technology
                         958 Pennsylvania Avenue
                         Elmira, NY 14904, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a
contract with CPE InterLink/Sentry Alarms at a cost of $11,790, subject to approval of the Schuyler County
Attorney.
Vote: 8-0.
RESOLUTION NO. 381 Motion by Larison, Second by Bingell.
RE: ACCEPT/REJECT BIDS FOR FIRE ALARM TESTING AND MAINTENANCE – BUILDINGS AND
        GROUNDS
        WHEREAS, Resolution No. 334-06 authorized advertisement for Fire Alarm Testing and Maintenance
for a period of three years, and
        WHEREAS, said bids were opened October 20, 2006.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the
Building Maintenance Supervisor‟s recommendation of the low bidder, CPE InterLink/Sentry Alarms, 357 East
5th Street, Elmira, NY 14901 for the Fire Alarm Testing and Maintenance contract at the low bid of $11,790 for
the term January 1, 2007, through December 31, 2009, and that funding is available in Buildings and Grounds
2007 budget account no. 1620.400, and
        BE IT FURTHER RESOLVED, that the following bid be rejected:
                         Fire Alarm Service Technology
                         958 Pennsylvania Avenue
                         Elmira, NY 14904, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a
contract with CPE InterLink/Sentry Alarms at a cost of $11,790, subject to approval of the Schuyler County
Attorney.
Vote: 8-0.
RESOLUTION NO. 382 Motion by Bingell, Second by Larison.
RE: AUTHORIZE CHANGE ORDER NUMBER TWO WITH EDGER ENTERPRISES FOR THE
        SENECA HARBOR PARK PHASE III PROJECT – BUILDINGS AND GROUNDS
        WHEREAS, Resolution No. 183-06 authorized a contract with Edger Enterprises for the Seneca Harbor
Park Phase III construction work for a total contract price of $535,000, and
        WHEREAS, the county is in receipt of the contractors proposal for electrical work for time and material
to install controls for parking lot lighting, and
        WHEREAS, the Public Works Committee has reviewed Change Order No. 2 in the amount of $2,057
and recommends authorization thereof, and
        WHEREAS, funding is available in capital reserve account no. 004-1620-209 for said change order.
        NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
approve Edger Enterprises Change Order No. 2 proposal at a cost of $2,057, subject to approval of the Schuyler
County Attorney.
Vote: 8-0.
RESOLUTION NO. 383A Motion by Larison, Second by Bleiler.
RE: MOTION TO TABLE RESOLUTION NO. 383
        BE IT RESOLVED, that Resolution No. 383 be tabled due to the body of the Resolution missing.
Vote: 8-0.
RESOLUTION NO. 383 Motion by Bingell, Second by Larison.
RE: AUTHORIZE DECREASING THE HOURS OF THE SERVICE AIDE POSITION FROM FULL-
        TIME TO PART-TIME – OFFICE FOR THE AGING - TABLED
                                       PROCEEDINGS OF THE YEAR 2006                                        155
RESOLUTION NO. 384 Motion by Bingell, Second by Larison.
RE: AUTHORIZE CONTRACT RENEWAL WITH PACS SECURITY FOR THE DEPARTMENT OF
        MOTOR VEHICLES (DMV) – COUNTY CLERK
        WHEREAS, the County Clerk has a five-year contract with PACS Security for the monitoring of the
security system in the DMV, and
        WHEREAS, said agreement is up for renewal and the new term will be for one-year.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign an agreement with PACS Security in the amount of $230 a year for a term of December 1, 2006 through
November 30, 2007, subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 385 Motion by Karius, 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 2006, for the budget
year of 2007, for the Lamoka/Waneta Lakes Protection and Rehabilitation District shall be held on December
11, 2006 at 7:00 p.m. in the Legislative Chamber in the 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: 8-0.
RESOLUTION NO. 386 Motion by Karius, Second by Bingell.
RE: RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE
        YEAR 2007 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 2006 Assessment Roll be
adopted and the 2006 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 78.00 TOWN OF MONTOUR                              78.00
        TOWN OF CAYUTA                 85.00 TOWN OF ORANGE                  88.00
        TOWN OF DIX                    78.00 TOWN OF READING                 78.00
        TOWN OF HECTOR                 70.00 TOWN OF TYRONE                  75.00
Vote: 8-0.
RESOLUTION NO. 387 Motion by Karius, Second by Bingell.
RE: AUTHORIZE AN AMENDMENT TO THE IRON MOUNTAIN AGREEMENT FOR RECORDS
        STORAGE – COUNTY CLERK
        WHEREAS, the County Clerk has a contract with Iron Mountain/National Underground Storage to
cover the storage of microfilm, and
        WHEREAS, the County Clerk‟s office would like to amend that agreement to include the storage of
Compact Disks at the approximate yearly fee of $10.00.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign an amendment with Iron Mountain/National Underground Storage in an additional annual amount of
$10.00 for the term May 1, 2006 through April 30, 2009, subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 388 Motion by Larison, Second by Bingell.
RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 TO
        TRANSFER FROM CONTINGENCY TO THE BOARD OF ELECTIONS - FAILED
        BE IT RESOLVED, that the Tentative Budget for 2007 Be altered and modified by the following:
156                                    SCHUYLER COUNTY LEGISLATURE
        AMOUNT                  ACCOUNT NO.                   DESCRIPTION
        -$2,000                 1990.500                      Contingency
        +$2,000                 1450.100                      Board of Elections Personnel Services
DISCUSSION: Legislator Larison wished to replace the $2,000 in the Board of Elections proposed Budget.
Legislator Bingell supported his wish. Legislator Bleiler asked if it was possible to be paid out of Contingency
so that the bottom line of the budget stays the same. Attorney Coleman said that if it was done this way then it
would not alter the budget. Legislator Bleiler then asked for Administrator O‟Hearn‟s recommendation.
O‟Hearn suggested that funds be transferred from of the Board of Elections professional fees and services
account no. to the salary line if needed. He reminded the Legislature that they would need to recommend the
salary anyway. Legislator Larison stated that this was not his suggestion and he did not want to take it out of
another line, but rather to take it out of contingency. He then stated that it was taken from their request and now
he was requesting it to be put back into their budget. Legislator Slusser was confused by Legislator Larison and
said he was not sure what they were being asked to restore. The Clerk reminded everyone that this would not
be taken out of Contingency until 2007. Legislator Bleiler asked if this should be taken out of contingency.
Administrator O‟Hearn reminded them that there was an option of restoring funding, but the Legislature would
be setting the salaries of the Commissioners anyways, so it could be done either way. Legislator Bleiler said
they would still need money in the budget. O‟Hearn stated that it could be made available and still be done.
Legislator Larison again reiterated that his resolution was to put the $2,000 back into the budget that they
requested. The Clerk stated she could change the title of the Resolution to reflect this request. Legislator
Bleiler reminded all of the Legislators to stop and think about the $1,000 per commissioner that is being
requested and look at the breakout of what that is per hour and the increase of Help America Vote Act (HAVA)
requirements. Legislator Fagan read from a statement that he had written prior to the meeting which is on file.
He stated that he had no animosity towards the Board of Elections Commissioners, but was frustrated about the
new HAVA requirements and all the increased costs. Legislator Bleiler agreed with Legislator Fagan‟s
statement, but reminded everyone that if the requirements were not met, then we are punishing employees.
Legislator Slusser also reminded Legislators that the Commissioners salaries have already been tripled and
wondered how they were being punished. They have already been paid and the new requirements have not been
carried out yet. Legislator Larison feels the County is stuck and it needs to follow through even though we are
frustrated with the Government requiring it. Legislator Slusser stated that the County was expecting to comply
and not break the law.
Vote: 4-4. Noes: Gifford, Karius, Slusser, Fagan.
RESOLUTION NO. 389 Motion by Larison, Second by Bingell.
RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2007
        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 2007 would be held at 6:30 P.M. on November
13, 2006, in the upstairs Main Court Room of the Court House, Watkins Glen, NY, and
        WHEREAS, the above-mentioned Public Hearing was held on November 13, 2006 at said time and
place.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2007 as presented by
the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the
Schuyler County Legislature, to raise $8,565,784.00 by tax levy, be adopted.
Vote: 8-0.
RESOLUTION NO. 390 Motion by Larison, Second by Bingell.
RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED
        "2007"
        WHEREAS, the Schuyler County Legislature by Resolution No. 389, dated November 13, 2006, has
adopted a budget for fiscal year 2007.
        NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the
column entitled "2007" as amended, be, and the same hereby are, appropriated for the objects and purposes
specified, effective January 1, 2007.
Vote: 8-0.
                                        PROCEEDINGS OF THE YEAR 2006                                            157
RESOLUTION NO. 391 Motion by Bingell, Second by Fagan.
RE: 2007 BUDGET OF $39,305.220.00: 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, 2006, 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, 2006 the required
certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler
County.
Vote: 8-0.
RESOLUTION NO. 392 Motion by Bingell, Second by Fagan.
RE: RESOLUTION IN SUPPORT OF OFFERING ASSISTANCE TO RESTORE FUNDING TO THE
        GREATER SOUTHERN TIER BOCES COSMETOLOGY PROGRAM
        WHEREAS, the Greater Southern Tier BOCES Adult Education Program provides vocational training
to adult students who have either been laid off or are seeking retraining for the purpose of finding jobs, and
        WHEREAS, GSTBOCES Cosmetology program plays a vital role in fulfilling this mission, currently
serving 16 residents of Schuyler, Chemung, and Steuben County, and
        WHEREAS, in February of 2001 the GSTBOCES Cosmetology program was approved by the United
States Department of Education (USDOE) to grant Federal financial aid, and
        WHEREAS, GSTBOCES and their adult students rely heavily on Title IV funding (PELL and FFELL
grants) to fund this training, and
        WHEREAS, Title IV funding for the Cosmetology program has currently been suspended based on a
determination by the USDOE that the program is not duly accredited by a nationally recognized body, and
        WHEREAS, this determination puts at risk the continuation of this program and the ability of citizens to
pursue job opportunities in this field, and
        WHEREAS, the citation on the Federal register pertaining to this program indicates that programs must
be accredited or approved by a State agency if the agency is a public post-secondary vocational provider, and
        WHEREAS, there currently exists a conflict between the New York State Department of Education and
New York State Department of State, each of which deeming the other to be responsible for accreditation and
none of which acting to provide same, and
        WHEREAS, as a consequence of this conflict of semantics the needs of these adult students seeking
assistance in learning skills necessary to find self sustaining employment goes unmet.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature calls on its elected
federal representatives to intervene by offering assistance necessary to restore funding to this essential program,
and
        BE IT FURTHER RESOLVED, that the Schuyler County Legislature prevail upon its elected state
officials to encourage dialogue between the DOS and DOE to resolve the issue of accreditation, and
BE IT FURTHER RESOLVED, that certified copies of this Resolution be sent to Congressman John R. Kuhl,
Jr., US Senator Hillary R. Clinton, US Senator Charles E. Schumer, Senator George H. Winner, Jr. and
Assemblyman Thomas F. O‟Mara.
Vote: 8-0.
RESOLUTION NO. 393 Motion by Bingell, Second by Fagan.
RE: APPROVAL OF THE OFFICE FOR THE AGING 2007 ANNUAL IMPLEMENTATION PLAN FOR
        THE OLDER AMERICANS ACT AND NYS COMMUNITY SERVICES FOR THE ELDERLY
        PROGRAMS – AS AMENDED BY RESOLUTION NO. 181-07
        WHEREAS, the Schuyler County Legislature has established an Office for the Aging in Schuyler
County, and
        WHEREAS, the Office for the Aging is required to submit an Annual Implementation Plan which
includes plans for programs operated by the Office for the Aging, as follows:
                      Title IIIB of the Older American‟s Act
158                                   SCHUYLER COUNTY LEGISLATURE
                     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
                     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), Long Term Care Insurance Education
                     and Outreach Program (LTCIEOP), and
         WHEREAS, the Plan requires approval by the Schuyler County Legislature before submitting the Plan
in November 2006, and
         WHEREAS, the Public Hearing on the Annual Implementation Plan was held, as required, on October
24, 2006 at 10:30 AM at the Offices of the Schuyler County Office for the Aging and on October 25, 2006 at
11:00 AM at the Tyrone United Methodist Church, 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 upon review by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 394 Motion by Karius, Second by Bingell.
RE: AUTHORIZE INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF WATKINS GLEN,
         THE TOWN OF DIX, THE TOWN OF HECTOR AND WATKINS GLEN CENTRAL SCHOOL
         (WGCS) FOR A SHARED RECORDS MANAGEMENT FACILITY
         WHEREAS, the county has a critical need for records storage space and for a records management
facility, and
         WHEREAS, the County Administrator has successfully negotiated the creation and staffing of a shared
records management facility to be housed on Watkins Glen Central School District property.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign an Inter-Municipal agreement with the Village of Watkins Glen, the Town of Dix, the Town of Hector and
the Watkins Glen Central School District for records management and storage, effective immediately for a term
of five years, and
         BE IT FURTHER RESOLVED, that the County Administrator is authorized to take all further steps
necessary for the creation, staffing and administration of such facility in consultation with the County Clerk and
Records Management Officer.
Vote: 8-0.
RESOLUTION NO. 395 Motion by Karius, Second by Bingell.
RE: APPROVE APPLICATION FOR CORRECTION OF REAL PROPERTY TAXES – SCRANTON –
         TOWN OF ORANGE
         WHEREAS, an application for correction of real property taxes has been made in accordance with
Section 556 of the Real Property Tax Law (RPTL), and
         WHEREAS, the 2005 tax bill produced for parcel 61.00-1-6.2, owned by Scranton, in the Town of
Orange is in error as that parcel did not appear on the town‟s 2004 Final Assessment Roll, and
         WHEREAS, the Real Property Tax Director has determined that this assessment represents an unlawful
entry as defined in RPTL Section 550(7)(c), and
         WHEREAS, it is the Director‟s recommendation that the application be approved.
                                        PROCEEDINGS OF THE YEAR 2006                                             159
         NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved and that the 2005
County/Town tax bill for the above parcel be expunged along with any associated charges or liens, and
         BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to make the appropriate
chargeback to the Town of Orange.
Vote: 8-0.
RESOLUTION NO. 396 Motion by Bingell, Second by Slusser.
RE: MOTION TO BRING ONE (1) ADDITIONAL RESOLUTION TO THE FLOOR
         BE IT RESOLVED, that one (1) additional Resolution be brought to the floor.
Vote: 8-0.
RESOLUTION NO. 397 Motion by Larison, Second by Bingell.
RE: LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2006 PROVIDING FOR PARTIAL
         EXEMPTION FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY
         RECEIVING THE INFRASTRUCTURE EXEMPTION
         WHEREAS, Section 485-g of the Real Property Tax Law of the State of New York provides for partial
exemption of real property receiving the Infrastructure Exemption, and
         WHEREAS, Real Property Tax Law Section 485-g permits a county to adopt legislation to provide that
partial exemption shall be applicable with respect to any real property receiving the Infrastructure Exemption,
and
         WHEREAS, this Local Law was amended after a public hearing was held on November 8, 2006,
therefore it is to be re-introduced for another public hearing to be held.
         NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5 of the year 2006 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 11, 2006 at 7:05 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street,
Watkins Glen, NY.
                    LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2006
         A local law providing for partial exemption by the County of Schuyler of Real Property Receiving the
Infrastructure Exemption.
         Be it enacted by the County Legislature of the County of Schuyler, as follows:
SECTION 1: LEGISLATIVE INTENT.
The purpose of this Local Law is to provide real estate tax relief to real property receiving the Infrastructure
Exemption to those municipalities who have adopted a local land use law that will be affected by this local law.
SECTION 2: LEGISLATIVE AUTHORITY.
This Local Law is enacted pursuant to the provisions of Section 485-g of the RPTL of the State of New York.
SECTION 3: SHORT TITLE.
This Local Law shall hereafter be known as the Infrastructure Exemption Law.
SECTION 4: REAL PROPERTY TAX EXEMPTION.
A. Residential building lots which are part of a subdivision plat for residential development which includes
infrastructure intended to be dedicated to the municipal corporation or a special district thereof in accordance
with the provisions of this section shall be exempt from taxation to the extent of the increased assessed value of
such lots resulting from the addition of such infrastructure for a period until the issuance of a certificate of
occupancy but in no event longer than three years from granting of the exemption herein, which certifies that a
residence is constructed on a building lot in such subdivision. Such exemption shall be the value of the
infrastructure proportionately applied to each of the lots in the subdivision. Upon issuance of the certificate of
occupancy but in no event longer than three years from granting of the exemption herein, the exemption
provided by this subdivision shall lapse.
B. For purposes of this section infrastructure shall be comprised of the following public facilities which are
intended to be dedicated to the municipal corporation or a special district thereof: streets, storm and sanitary
sewers, drainage facilities and any other facilities required by the municipality to be installed in such residential
subdivision as noted on the filed plat plan for such residential subdivision.
SECTION 5: APPLICATION PROCESS.
160                                   SCHUYLER COUNTY LEGISLATURE
A. Such exemption shall be granted only upon application by the owner of the real property on a form
prescribed and made available by the office of real property services. The applicant shall file the information as
required by the office of real property services. The application shall be filed with the assessor of the
appropriate assessing unit. Such application shall be filed on or before the appropriate taxable status date of
such assessing unit and not later than one year from the date of completion of such construction, installation or
improvement. On approved subdivision lots in which such infrastructure has been completed as of the effective
date of the local law or school district resolution providing that the exemption under this section shall be
applicable within its jurisdiction and for which a certificate of occupancy has not been issued, application shall
be made within one year from the effective date of such local law or school district resolution.
B. If the assessor receives an application by the owner of the real property, and is satisfied that the applicant is
entitled to an exemption pursuant to this section, the assessor shall approve the application and such real
property shall thereafter be exempt from taxation as herein provided commencing with the assessment roll
prepared after the taxable status date referred to in subdivision A of this section. The assessed value of any
exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the
taxable property, with the amount of the exemption entered in a separate column.
SECTION 6: VALIDITY.
If any section, subsection, paragraph, clause, sentence or phrase of this Local Law is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such decision shall not affect the validity of the remaining portion thereof.
SECTION 7: EFFECTIVE DATE.
This Local Law shall take effect immediately.
DISCUSSION: Legislator Fagan asked if this had the discussed amendment already in the Resolution.
Legislator Bleiler asked if it had to be set tonight. The Clerk explained that it did reflect the amendment made
on the 8th of November. It was placed on the agenda as an emergency per the Chairman‟s request.
Vote: 8-0.
NEW BUSINESS:
         Chairman Gifford noted that C. LaMont “Monty” Stamp resigned from the Town of Reading as
Supervisor and wanted to acknowledge his retirement, his dedicated years of service to the Town.
         MOTION by Legislator Bingell, SECOND by Legislator Yuhasz to acknowledge the dedicated years
of services of C. LaMont Stamp as the Town of Reading Supervisor. Motion carried eight ayes to zero noes.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES: None.
COUNTY ADMINISTRATOR’S REPORT: None.
PUBLIC PARTICIPATION:
         Susanne Lipri from the Town of Hector, stood and voiced some concerns. She announced that she was
shocked that the Board of Elections request to the Legislature for an increase in their budget of $2,000 failed.
She stated that she was outraged that such a small increase was being denied. She reminded that we all trust
them with our votes and to bring the county into the technology stage that is required. She then stated that she
felt that this should not be denied.
         Ruth Young, Town of Orange, seconded the disagreement, she stated to the Legislature that they could
scream and holler about all of the Federal Government‟s new requirements, but the bottom line is that they need
to obey the law.
         The Meeting adjourned at 7:50 P.M.
                 Stacy B. Husted, Clerk
                 Sharlene A. Parker, Deputy Clerk

                                            REGULAR MEETING
                                            DECEMBER 11, 2006

       The December 11, 2006 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 Yuhasz and followed by a Moment
                                        PROCEEDINGS OF THE YEAR 2006                                                161
of Silence. All Legislators were present except Legislators Karius and Bingell who were excused. County
Attorney Coleman and County Administrator O‟Hearn were also present.
PUBLIC PARTICIPATION: None.
7:00 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 6 OF THE YEAR 2006 SETTING
SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2007: None.
7:00 P.M. – PUBLIC HEARING ON THE ASSESSMENT ROLL FOR THE YEAR 2006, FOR THE
BUDGET YEAR OF 2007, FOR THE LAMOKA/WANETA LAKES PROTECTION AND
REHABILITATION DISTRICT:
         Legislator Fagan announced that Lamoka Lake was not treated this year, but the residents have paid
their Lakes District taxes for 2006. He has had a meeting with the Department of Environmental Conservation
(DEC) and there is discussion about the possibility of treatment for 2007.
7:05 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 6 OF THE YEAR 2006 PROVIDING
FOR PARTIAL EXEMPTION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY
RECEIVING THE INFRASTRUCTURE EXEMPTION:
         Legislator Bleiler said he feels that this is still very confusing. He was told it was illegal and then it was
not. Now he is looking at an amended copy of the Local Law that was introduced previously, but then tabled.
He is still concerned that this was the intent when originally introduced and is it now in relation to all towns
having the restrictions in place? He would like to know if it is illegal or not. He feels with all of the confusion
still, and considering that the County‟s Planning Department and the Ag and Farmland Protection Board are in
opposition of it, it should be tabled and made the motion to table the proposed Local Law as it stands. There
was no second. Legislator Fagan said he felt the County Attorney should comment on the proposed Local Law.
Attorney Coleman responded that he was not sure who was saying it was illegal. Real Property Director,
Thomas Bloodgood was in the audience and stated that he had been discussing the concerns with the Assistant
County Attorney, Dennis Morris in Attorney Coleman‟s absence earlier in the day. Mr. Bloodgood said there
were still concerns as the Local Law was written with the amendment. Legislator Fagan asked Attorney
Coleman if he was saying that it is alright with the way it was now written and Attorney Coleman responded,
yes. Legislator Bleiler reminded everyone that the intent was that land use laws needed to be in place and it
seems that this has been forgotten. Attorney Coleman agreed that was the intention and the intent is still in
place. Legislator Bleiler then asked Attorney Coleman if those intentions were listed. He also stated that not all
of the Towns have the land use law in place, and this would encourage the ones who don‟t to do it. Attorney
Coleman responded that this is a glass half full scenario and the Legislature will have to decide on the policy.
Legislator Bleiler again stated he was still confused if it is legal or not legal. Attorney Coleman stated that with
this you would have or will have subdivisions and stated to Legislator Fagan that this is and was the intent,
correct? Legislator Fagan stated that the Towns that have this will be the ones to participate. Legislator Bleiler
asked again, if it is illegal. Legislator Fagan stated that the concern was that the Real Property Tax Law
requires that all Towns be handled the same way. Administrator O‟Hearn clarified that at a late meeting today
with the Assistant County Attorney regarding land use management, it was explained that in a sense every town
would fall into those categories. For an example, there is still confusion regarding the difference between one
town to another and whether they have zoning requirements with land use laws. Legislator Fagan asked
Attorney Coleman if he understood what his intentions were with making amendments to the Local Law when
it was written. Attorney Coleman responded, yes. Mr. Bloodgood requested a County Attorney opinion on this
and it was provided. Legislator Fagan said with that being the case and with the situation with the Ag and
Farmland Protection Board he would be forced to vote no on this Local Law because this was not the intent of
my amendment. Legislator Bleiler stated that they could vote no or he could second the vote to table it once
again. Then it would have to go back to the drawing board. Legislator Fagan stated that it was one in the same.
Legislator Slusser said he would second the motion to table the Local Law. Legislator Larison stated that he
would still appreciate hearing an example given, such as; if a developer would like to develop a certain area of
land in a Town, what would happen in regards to that Town having or not having land use laws in place?
Attorney Coleman provided further explanation regarding his opinion relative to what the response was from
the State Board regarding land use control and subdivisions. Chairman Gifford stated afterwards that it sounded
like it still did not give the exemption and that the intent was to have this to encourage the developer until it is
162                                   SCHUYLER COUNTY LEGISLATURE
turned over to the town or village. Legislator Fagan said he could see problems and gave an example of a
developer getting land and if awarded an exemption, there were issues with the land. If the Town did not have
land use control then this could be a problem. He stated that he feels the Ag and Farmland Protection Board
would have concerns too if this is the interpretation. Legislator Bleiler stated that this was not the intent of
amendment at all. No comments were made from the public during the hearing. Public Hearing ended at 7:22
p.m.
RESOLUTION NO. 398 Motion by Larison, Second by Yuhasz.
RE: APPROVE MINUTES OF THE NOVEMBER 8, 2006 SPECIAL MEETING, THE NOVEMBER 13,
        2006 PUBLIC HEARING AND THE NOVEMBER 13, 2006 REGULAR MEETING OF THE
        SCHUYLER COUNTY LEGISLATURE
        BE IT RESOLVED, that minutes of the November 8, 2006 Special Meeting, the November 13, 2006
Public Hearing and the November 13, 2006 Regular Meeting of the Schuyler County Legislature be approved.
Vote: 6-0.
RESOLUTION NO. 399 Motion by Fagan, Second by Yuhasz.
RE: ADOPT STANDARD FOR MANDATORY TRAINING REQUIREMENTS FOR PLANNING
        COMMISSIONERS - AS AMENDED BY RESOLUTION NO. 66-07
        WHEREAS, in 2006 New York State (NYS) enacted legislation (S 6316/A 9259) to require four hours
training annually for local planning and zoning officials, including County planning commissioners, and
        WHEREAS, NYS Department of State advises that governments supervising planning and zoning
boards adopt local guidelines via resolution to provide guidance on training requirements and compliance
procedures, and
        WHEREAS, the County Planning Commission has positively reviewed the following recommendations,
and such recommendations are consistent with state legislation and do not replace the provisions enacted there
within.
        NOW, THEREFORE, BE IT RESOLVED, that the following guidelines and procedures will govern
compliance with the annual training requirement as it applies to the Schuler County Planning Commission:
    1. The required training may take the form of traditional classroom-style learning, distance learning,
        videos, on-line training modules, on-site demonstrations, pre-arranged site visits, study for professional
        certification in planning and related fields, and self-study with identified benchmarks.
    2. Preferred training providers include, but are not limited to, NYS Dept. of State, NYS Dept. of
        Environmental Conservation, NYS Dept. of Agriculture & Markets, NYS Planning Federation, all
        regional planning boards and councils within New York State (e.g. Southern Tier Central Regional
        Planning and Development Board), the American Planning Association (APA), NYS Upstate Chapter of
        the APA, Pace University, NYRIM, NY Conference of Mayors, NYS Association of Counties, county
        planning staff in Schuyler and other NYS counties, and Cornell Cooperative Extension/Cornell
        University.
    3. Training to fulfill the requirement should bear some evident connection to planning, landscape
        architecture, architecture, engineering, board development, local government functions and procedures,
        economic development and/or related fields.
    4. County planning staff will maintain compliance records for the Commission.
    5. Self-study, professional certification not directly related to planning and on-line modules not sponsored
        or provided by preferred training providers must be approved in writing by county planning staff. A
        record of this approval will be filed with the general compliance records. If a member of the
        Commission disagrees with the decision of county planning staff regarding approval, they may appeal
        the decision to the County Legislature for a final opinion.
    6. Any training required for local municipal boards shall apply to training for the Commission, as long as it
        meets the standards identified above and county planning staff receives written notification from the
        municipality that the commissioner/local board member has completed the training.
    7. As allowed by the State Legislation, any training received in excess of four hours in any calendar year
        may be applied to the balance of training required in subsequent years. In order to recognize the
        initiative individual commissioners have made in 2006 to obtain training, all training that meets the
                                       PROCEEDINGS OF THE YEAR 2006                                            163
        standards identified above received in 2006 may also be applied to subsequent years.
Vote: 6-0.
RESOLUTION NO. 400 Motion by Fagan, Second by Yuhasz.
RE: AMEND RESOLUTION NO. 362-06 TITLED “RESOLUTION TO AUTHORIZE CORNELL
        COOPERATIVE EXTENSION OF SCHUYLER COUNTY TO SUBMIT AN APPLICATION ON
        THE COUNTY‟S BEHALF TO THE DEPARTMENT OF STATE QUALITY COMMUNITIES
        PROGRAM (2006) FOR ENVIRONMENTAL PROTECTION FUNDS TO SUPPORT A SCHUYLER
        COUNTY HOUSING NEEDS ASSESSMENT”
        WHEREAS, Resolution No. 362 authorized Cornell Cooperative Extension of Schuyler County to
submit an application on the County‟s behalf for a Schuyler County Housing Needs Assessment, and
        WHEREAS, Schuyler County is to be the co-applicant for said application.
        NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 362-06 be amended to change the last
Whereas clause and the Now Therefore Be It Resolved clause to now read as follows:
        WHEREAS, Schuyler County is a co-applicant for said application.
        NOW, THEREFORE BE IT RESOLVED, that Cornell Cooperative Extension is hereby
authorized to prepare an application as lead applicant to the Department of State Quality Communities
Program (2006) for Environmental Protection Funds to support a Schuyler County Housing Needs
Assessment.
Vote: 6-0.
RESOLUTION NO. 401 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE AN ADDENDUM TO THE CONTRACT WITH PHILIP C. BARNES TO INCLUDE
        REIMBURSEMENT FOR MILEAGE – DISTRICT ATTORNEY
        WHEREAS, the current contract for investigative services between Philip C. Barnes and the District
Attorney‟s Office does not include mileage reimbursement, and
        WHEREAS, the District Attorney has always reimbursed the investigator in the past for mileage, and
intended for that to be included in the contract with the current investigator, and
        WHEREAS, the investigator should be reimbursed at the current County rate.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an Addendum to the contact with Philip C. Barnes to include mileage reimbursement at the current
County rate per mile; and said reimbursement should be retroactive to the investigator‟s start date of October
16, 2006 through February 28, 2007, as long as grant funds are available; subject to approval by the Schuyler
County Attorney.
Vote: 6-0.
RESOLUTION NO. 402 Motion by Bleiler, Second by Yuhasz.
RE: AUTHORIZE THE CREATION AND FILLING OF ONE FULL TIME CORRECTION OFFICER
        POSITION – SHERIFF‟S OFFICE
        WHEREAS, an additional full time Correction Officer is needed in the Schuyler County Jail to meet
staffing requirements set by the New York State Commission of Corrections, and
        WHEREAS, funding for this position is available in the 2007 budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to
create and fill one full time Correction Officer position for the Schuyler County Jail effective January 1, 2007 at
an hourly rate of $14.72.
Vote: 6-0.
RESOLUTION NO. 403 Motion by Bleiler, Second by Yuhasz.
RE: AUTHORIZE A CONTRACT RENEWAL WITH MOTOROLA TO INCLUDE MAINTENANCE OF
        THE RADIO CONSOLES – EMERGENCY MANAGEMENT
        WHEREAS, the service agreement with Motorola runs from January to December, and
        WHEREAS, infrastructure repair with advanced replacement coverage in this agreement will expire on
June 30, 2007 and only labor and semi-annual preventive maintenance will be covered for the remainder of the
term, and
        WHEREAS, because of this the agreement has also decreased by $1,958.52, to a total amount of
164                                   SCHUYLER COUNTY LEGISLATURE
$12,457.08.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract renewal with Motorola for the Emergency Management Department for 911 Console
Maintenance in the amount of $12,457.08, for the term January 1, 2007 to December 31, 2007, funding
available in the 2007 Emergency Management budget account no. 3689.0435, subject to approval of the
Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 404 Motion by Bleiler, Second by Yuhasz.
RE: AUTHORIZE GRANT APPLICATION WITH THE STATE EMERGENCY MANAGEMENT
         OFFICE – EMERGENCY MANAGEMENT
         WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for
assistance under the Federal Emergency Planning and Community Right to Know Act for 2006-2007 (FFY06),
and
         WHEREAS, this grant provides matching funds for certain personnel and administrative expenses
associated with our local emergency management program, and
         WHEREAS, the tentative FFY06 allocation for Schuyler County under this planning program is a
minimum of $1,800.
         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: 6-0.
RESOLUTION NO. 405 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE A GRANT APPLICATION TO THE U.S. TOBACCO COMPANY‟S (USSTC),
         OPERATION RANGER DONATION PROGRAM – EMERGENCY MANAGEMENT
         WHEREAS, the U.S. Tobacco Company is accepting applications for the Operation Ranger donation
program to assist America‟s emergency first responders, by providing a Polaris Ranger 6X6 utility vehicle to
emergency service organizations.
         WHEREAS, the Emergency Management Office wishes to apply for a Polaris Ranger 6X6 utility
vehicle under this program.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all documents relative to the U.S. Tobacco Company‟s (USSTC), Operation Ranger Donation
Program, subject to the approval of the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 406 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME ACCOUNT
         CLERK/KEYBOARD SPECIALIST POSITION – DEPARTMENT OF SOCIAL SERVICES
         WHEREAS, there is a need for an Account Clerk/Keyboard Specialist in the Temporary Assistance
(TA) unit of the Department of Social Services, and
         WHEREAS, this worker will assist the Home Energy Assistance Program (HEAP) worker during the
busy HEAP season in answering client questions, providing information to clients and assisting the HEAP
worker with applications, thereby allowing the HEAP worker to concentrate on determining client eligibility
and enrolling the clients in the program, and
         WHEREAS, this new employee will also provide routine clerical assistance to the other Social Welfare
Examiners (SWE) in the TA unit, thereby allowing the SWEs to spend more time on case management
activities, which may reduce the Temporary Assistance caseload, and
         WHEREAS, this new position will receive more than 50% reimbursement from the state and federal
governments, and
         WHEREAS, funding for the Account Clerk/Keyboard Specialist position has been included in the
Department‟s 2007 budget account no. 6010.100, and
         WHEREAS, the Commissioner of Social Services is requesting to create this position at grade 5, upon
the approval of the County Administrator.
                                      PROCEEDINGS OF THE YEAR 2006                                             165
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be
authorized to create and fill a new Account Clerk/Keyboard Specialist position in the Department at grade 5 at
an hourly rate as set for in the Administrative Unit Contract, to start on or after January 1, 2007, funding
available in the Department‟s 2007 budget, and
         BE IT FURTHER RESOLVED, that this new position will be reviewed by the Human Services
committee 12 months after it is filled to determine its effectiveness.
Vote: 6-0.
RESOLUTION NO. 407 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE THE CREATION AND FILLING OF A KEYBOARD SPECIALIST (PT) POSITION –
         DEPARTMENT OF SOCIAL SERVICES
         WHEREAS, the Department of Social Services is averaging 143 Temporary Assistance cases each
month for the first ten months of 2006, and
         WHEREAS, the Department needs to increase the number of clients who are receiving benefits under
the Temporary Assistance for Needy Families (TANF) program into Work Experience Program (WEP)
activities, and
         WHEREAS, failure to meet state/federal mandates concerning WEP goals will result in the County
receiving financial sanctions, and
         WHEREAS, the County employees currently engaged in activities related to finding gainful
employment for TANF recipients are fully employed and cannot spend additional time intensively working with
the clients trying to find them work because of some of the clerical duties associated with the job, and
         WHEREAS, a part-time worker in the Employment unit will allow the current staff to spend their time
providing intensive case management to some of the difficult to place clients, and
         WHEREAS, this position will receive more than 50% reimbursement from the state and federal
governments, and
         WHEREAS, funding for a 17-hour per week Keyboard Specialist (PT) has been included in the
Department‟s 2007 budget account no. 6010.100, and
         WHEREAS, the Commissioner of Social Services is requesting to create this new position at grade 2,
upon the approval of the County Administrator.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be
authorized to create and fill a new part-time position in the Department entitled “Keyboard Specialist (PT)” at
grade 2 at an hourly rate as set forth in the Administrative Unit Contract, for 17 hours per week starting on or
after January 1, 2007, funding available in the Department‟s 2007 budget, and
         BE IT FURTHER RESOLVED, that this new position will be reviewed by the Human Services
committee 12 months after it is filled to determine its effectiveness.
Vote: 6-0.
RESOLUTION NO. 408 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME MEDICAID COORDINATOR
         POSITION/ABOLISH THE MEDICAID SUPERVISOR/MANAGED CARE COORDINATOR
         POSITION – DEPARTMENT OF SOCIAL SERVICES
         WHEREAS, the current title of the supervisor of the Medicaid unit is Medicaid Supervisor/Managed
Care Coordinator at grade 23, and
         WHEREAS, the job responsibilities have diminished since the position was created in 1994 and the
requirement for having a four year college degree has been removed, and
         WHEREAS, the work performed is at the same level as that performed by the Principal Social Welfare
Examiner in the Temporary Assistance Unit and the Supervising Support Investigator in the Child Support
Enforcement Unit, both of which are grade 21, and
         WHEREAS, the Commissioner of Social Services is requesting to create a new position titled Medicaid
Coordinator at grade 21, upon the approval of the County Administrator.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be
authorized to create and fill a Medicaid Coordinator position in Social Services, at grade 21, at an hourly rate as
166                                   SCHUYLER COUNTY LEGISLATURE
set forth in the Administrative Unit Contract, to start on or after January 1, 2007, funding available in the
Department‟s 2007 budget, and
        BE IT FURTHER RESOLVED, that the Medicaid Supervisor/Managed Care Coordinator position be
abolished in the Department effective December 31, 2006.
Vote: 6-0.
RESOLUTION NO. 409 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME CASEWORKER POSITION –
        DEPARTMENT OF SOCIAL SERVICES
        WHEREAS, the number of referrals to the Adult Services unit has shown a dramatic increase this year,
from 128 in all of 2005 to 136 cases for the first 10 months of 2006, and
        WHEREAS, the three Caseworkers in the Adult Services unit as well as the Supervisor each carry a full
caseload, and
        WHEREAS, the Supervisor cannot effectively supervise the unit while still carrying a full caseload, with
the result that the Caseworkers operate with very minimal supervision, and
        WHEREAS, the effectiveness, efficiency and quality of the unit would be substantially increased with
the addition of another Caseworker, and
        WHEREAS, with the addition of a new Caseworker in Adult Services, the Supervisor will spend the
majority of her time training workers, reviewing cases for quality control purposes as well as ensuring
compliance with state and federal requirements, and planning ways to improve the performance of the unit, and
        WHEREAS, this position will receive more than 50% reimbursement from the state and federal
governments, and
        WHEREAS, funding for the Caseworker position has been included in the Department‟s 2007 budget
account no. 6010.100, and
        WHEREAS, the Commissioner of Social Services is requesting to create a new position titled
Caseworker at grade 22, upon the approval of the County Administrator.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be
authorized to create and fill a new Caseworker position in the Department at grade 22 at an hourly rate as set
forth by the Administrative Unit Contract, to start on or after January 1, 2007, funding available in the
Department‟s 2007 budget, and
        BE IT FURTHER RESOLVED, that this new position will be reviewed by the Human Services
committee 12 months after it is filled to determine its effectiveness.
Vote: 6-0.
RESOLUTION NO. 410 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE THE INCREASE IN HOURS OF THE PARA-LEGAL POSITION – DEPARTMENT
        OF 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, Food Stamp
program and some Medicaid programs it is necessary to add additional hours to the Department‟s Para-legal
position, and
        WHEREAS, funding for the increased hours has been included in the Department‟s 2007 budget
account no. 6010.100.
        NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature authorizes an increase
in the weekly hours of the Para-Legal position in the Department of Social Services, from 30 hours per week to
35 hours per week at an hourly rate as set forth in the Administrative Unit Contract, funding included in the
Department‟s 2007 budget account no. 6010.100, effective January 1, 2007.
Vote: 6-0.
RESOLUTION NO. 411 Motion by Larison, Second by Bleiler.
                                       PROCEEDINGS OF THE YEAR 2006                                         167
RE: AUTHORIZE THE INCREASE IN HOURS OF THE INVESTIGATOR POSITION – DEPARTMENT
        OF 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, Food Stamp
program and some Medicaid programs it is necessary to add additional hours to the Department‟s Investigator
position, and
        WHEREAS, the Investigator makes home visits to all persons applying for Temporary Assistance as
well as some Food Stamp applicants, and when authorized by the state, some child care providers and some
Medicaid applicants, and
        WHEREAS, funding for the increased hours has been included in the Department‟s 2007 budget
account no. 6010.100.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes an increase
in the weekly hours of the Investigator in the Department of Social Services, from 20 hours per week to 24
hours per week at the hourly rate as set forth in the Administrative Unit Contract, funding included in the
Department‟s 2007 budget account no. 6010.100, effective January 1, 2007
Vote: 6-0.
RESOLUTION NO. 412 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME SUPERVISING CASEWORKER
        POSITION – DEPARTMENT OF SOCIAL SERVICES
        WHEREAS, the current title of the Supervisor of the Adult Services unit is Senior Caseworker at grade
23, and
        WHEREAS, the job responsibilities have increased over the years as the caseload has increased, and
        WHEREAS, an additional Caseworker will be added to the unit starting January 1, 2007, making Adult
Services a five-person unit, and
        WHEREAS, an appropriate title for the supervisor is Supervising Caseworker at grade 25, which is the
same grade and title of the supervisor of the Children‟s Services unit, and
        WHEREAS, funding for the Adult Services Supervising Caseworker position has been included in the
Department‟s 2007 budget account no. 6010.100, and
        WHEREAS, the Commissioner of Social Services is requesting to create this new position at grade 25,
upon the approval of the County Administrator.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be
authorized to create and fill a Supervising Caseworker position in the Department at grade 25, at an hourly rate
as set forth in the administrative unit contract, to start on or after January 1, 2007, funding available in the
Department‟s 2007 budget.
Vote: 6-0.
RESOLUTION NO. 413 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE TRANSFER OF FUNDS TO REPLENISH COMMUNITY SERVICES BOARD
        RESERVE ACCOUNT – COMMUNITY SERVICES
        WHEREAS, Resolution 482-98 established a Community Services Board reserve account of $50,000 to
cover expenses related to major projects and repairs at the Mill Creek Center building, and
        WHEREAS, this reserve has been utilized for payments of authorized repairs since that time, and
        WHEREAS, major repairs were paid for from this account in 2006.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer any remaining available funds from the 2006 Community Services Budget to replenish this reserve up to,
but not to exceed, the authorized amount of $50,000.
Vote: 6-0.
RESOLUTION NO. 414 Motion by Yuhasz, Second by Larison.
RE: RECOGNIZE JANUARY 2007 AS NATIONAL BLOOD DONOR MONTH – HEALTH SERVICES
168                                  SCHUYLER COUNTY LEGISLATURE
        WHEREAS blood is traditionally in short supply during the winter months due to holidays, travel
schedules, inclement weather and illness, and
        WHEREAS, a reduction in turnout for blood donations can put the nation‟s blood inventory at a critical
low, and
        WHEREAS, approximately 38,000 units of blood are required, every day, in the nation‟s hospitals and
emergency treatment facilities for patients, and
        WHEREAS, people at least 17 years of age and weighing at least 110 pounds may be able to donate
blood.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes January
2007 as National Blood Donor Month and encourages Schuyler County residents to donate blood.
Vote: 6-0.
RESOLUTION NO. 415 Motion by Yuhasz, Second by Larison.
RE: AUTHORIZE AN AGREEMENT WITH LISA GLASNER, SPEECH PATHOLOGIST, FOR EARLY
        INTERVENTION SERVICES FOR 2006-2007 – PUBLIC HEALTH
        WHEREAS, the Public Health Department is required to provide Early Intervention services for children,
and,
        WHEREAS, Lisa Glasner is approved as a provider of speech pathology for the blind and visually
impaired, and
        WHEREAS, rates paid for Early Intervention services provided under this agreement are set by the New
York State Department of Health and are not subject to negotiation.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into an agreement with Lisa Glasner for speech pathology for Early Intervention services, effective
November 1, 2006 through December 31, 2007, at rates established by the New York State Department of Health,
funds available in the Public Health budget, account no. 4054.490, subject to the approval of the Schuyler County
Attorney.
Vote: 6-0.
RESOLUTION NO. 416 Motion by Yuhasz, Second by Larison.
RE: AUTHORIZE AN AGREEMENT WITH LISA GLASNER, SPEECH PATHOLOGIST, FOR
        PRESCHOOL SERVICES FOR 2006-2007 – PUBLIC HEALTH
        WHEREAS, Schuyler County is required to provide preschool special education services and related
therapy services to children determined to be in need of such services, and
        WHEREAS, Lisa Glasner is able to provide the related therapy services for children residing in Schuyler
County, and
        WHEREAS, the rate for related therapy services will be $50.00 per visit.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with Lisa Glasner, for the provision of children‟s preschool therapy services, effective
November 1, 2006 through June 30, 2007, renewable annually, funding available in the Public Health budget,
account 2960.400, subject to the approval of the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 417 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE AMENDING THE CONTRACT WITH MILLER ASSOCIATES FOR PRESCHOOL
        SERVICES – PUBLIC HEALTH
        WHEREAS, Public Health has a contract with Miller Associates for Preschool Services, and
        WHEREAS, Miller Associates has requested an increase in their rate from $50.00 per visit to $65.00 per
visit.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign the amendment to the contract with Miller Associates to increase their rate to $65.00 per visit, effective
January 1, 2007 through June 30, 2007, funding available in account number 2960.400, subject to the approval
of the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 418 Motion by Fagan, Second by Slusser.
                                      PROCEEDINGS OF THE YEAR 2006                                               169
RE: LOCAL LAW INTRO. NO. 6 OF THE YEAR 2006/LOCAL LAW NO. OF THE YEAR 2007
        SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2007
        WHEREAS, Local Law Intro. No. 6 of the Year 2006 Setting Salaries for Certain Public Officers for the
Year 2007 was heretofore introduced and appropriate notice established in the official newspaper regarding a
public hearing to be held December 11, 2006 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. 6 of the Year 2006, 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 of the Year 2006, together with the required text
thereof in the official county newspaper.
    LOCAL LAW INTRO. NO. 6 OF THE YEAR 2006/LOCAL LAW NO.                                  OF THE YEAR 2007
        A Local Law Setting Salaries for Certain Public Officers for the Year 2007.
        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, 2007.
        4.      The following public officers are subject to the provisions hereof:
Personnel Officer                     $44,723                  Public Defender                $79,641
County Attorney                       $53,998                  Asst. Public Defender          $39,821
Assistant County Attorney             $71,975                  Deputy County Clerk            $34,940
Assistant County Attorney             $64,327                  Chief Asst. District Attorney $66,593
Conf. Sec‟y. to County Attorney       $40,972                  Asst. District Attorney        $44,100
Commissioner of Social Services       $64,683                  Deputy County Treasurer        $34,275
Clerk of the Legislature              $42,180                  Highway Superintendent         $57,813
Deputy Clerk of the Legislature       $34,795                  Deputy Highway Super.          $46,647
Real Property Tax Director            $52,992                  Undersheriff                   $49,358
        5.      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: 6-0.
RESOLUTION NO. 419 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261
        OF THE NEW YORK STATE TAX LAW
        WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax
receipts for the period April 1, 2006 through September 30, 2006, 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: 6-0.
RESOLUTION NO. 420 Motion by Fagan, Second by Yuhasz.
RE: SET DATE - 2006 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE
        BE IT RESOLVED, that the final meeting of the year 2006 for the Schuyler County Legislature be held
on Wednesday, December 27, 2006, in the Legislative Chambers at 9:30 a.m. and that appropriate legal notice
be published in the official newspaper of the County.
Vote: 6-0.
RESOLUTION NO. 421 Motion by Fagan, Second by Yuhasz.
RE: SET DATE - 2007 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY
        LEGISLATURE
        BE IT RESOLVED, that the 2007 Organizational Meeting of the Schuyler County Legislature shall be
held on Wednesday, January 3, 2007 in the Legislative Chambers at 9:30 a.m. and that appropriate legal notice
be published in the official newspaper of the County.
170                                   SCHUYLER COUNTY LEGISLATURE
Vote: 6-0.
RESOLUTION NO. 422 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE AMENDING THE 2006 AGREEMENT AND RENEWING THE 2007 AGREEMENT
        WITH COUGHLIN & GERHART, LLP FOR LEGAL SERVICES AND AUTHORIZE A TRANSFER
        FROM CONTINGENCY TO PAY FOR ADDITIONAL SERVICES - HUMAN RESOURCES
        WHEREAS, at times it is necessary to utilize the services of Coughlin & Gerhart, LLP for legal services
other than labor-related, and
        WHEREAS, Coughlin & Gerhart, LLP has agreed to offer these services at the same hourly rates as the
contract for labor counsel services, and
        WHEREAS, it was necessary to utilize their services in 2006 for the county building project, said
funding not planned for in the 2006 Human Resources budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign an amendment to the 2006 agreement with Coughlin & Gerhart, LLP to include all types of legal services,
which shall be extended until December 31, 2007, at the same hourly rates, thereafter to be renewed annually on
a calendar year; subject to approval of the Schuyler County Attorney, and
        BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer
$1,340 from Contingency account 1990.500 into account no. 1430.435-Professional Fees and Services to cover
said additional costs.
Vote: 6-0.
                                  PROCEEDINGS OF THE YEAR 2006                                      171




RESOLUTION NO. 423 Motion by Fagan, Second by Larison.
RE: AMEND RULE 25 IN THE RULES OF PROCEDURE TO REDUCE THE NUMBER OF STANDING
       COMMITTEES – ONE MONTH‟S NOTICE
       WHEREAS, it is recommended to amend the Rules of Procedure of the Schuyler County Legislature to
amend Rule 25 to reduce the numbers of standing committees of the Legislature by merging the departments
and functions of the Health Services Committee with the Human Services Committee and by merging the
172                                   SCHUYLER COUNTY LEGISLATURE
departments and functions of the Governmental Operations Committee with the Management & Finance
committee, and
        WHEREAS, the other four standing committees, COMMUNITY DEVELOPMENT AND NATURAL
RESOURCES, PUBLIC SAFETY AND CRIMINAL JUSTICE, PUBLIC WORKS AND LEGISLATIVE
RESOLUTION REVIEW COMMITTEE shall remain the same.
        NOW, THEREFORE, BE IT RESOLVED, that notice of the following amendments to the County
Legislature‟s Rules of Procedure pertaining the Management & Finance Committee and the Human Services
Committee be hereby given pursuant to Rule 29 of said Rules of Procedure:
RULE 25         STANDING COMMITTEES OF THE LEGISLATURE:
MANAGEMENT AND FINANCE COMMITTEE
        Oversight, representation, and as appropriate, to make recommendations to the County Legislature in all
matters relating to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of
equipment, accounts, records or other matters related to the offices, departments and agencies listed below,
including those specifically identified as follows:
 Clerk of the Legislature: Including all matters relating to the duties and powers of the Clerk of the
    Legislature, in accordance with Section 475 of the County Law, and all other duties as prescribed by the
    Legislature.
 County Auditor: Including all matters relating to the office of County Auditor in accordance with Section
    600 of the County Law.
 County Treasurer: Including all matters relating to the powers and duties of the County Treasurer as chief
    fiscal officer in accordance with Section 550 of the County Law, and in any fiduciary capacity.
 Insurance: Including all matters relating to the procurement of all insurance for county purposes, and
    recommendations to the County Legislature with relation to the amount of official undertakings and the
    approval thereof, when the amount is fixed by the County Legislature.
 Civil Service and Personnel: Personnel administration and policy, including reviewing requests for new
    positions, setting salary grades, all upgrades, position reclassifications, fringe benefits administration, and
    Affirmative Action programs and policy, disciplinary procedures pursuant to Section 75 of the Civil Service
    Law, union contract administration and negotiation, and including all matters pertaining to the County's
    administration of the New York State Civil Service Law.
 Purchasing and Fixed Assets: In accordance with Section 625 of County Law, all matters relating to the
    organization, coordination, and implementation of a uniform system of inventory control and purchasing
    within the County Departments, agencies, boards, commissions, and administrative units. Organization,
    coordination and implementation of accurate physical inventories and fixed asset records.
 County Historian: Including all matters related to the powers and duties of the County Historian.
 Budget Officer: Including all matters related to the powers and duties of the Budget Officer.
 Fringe Benefits: Including all matters related to the procurement of the county‟s health insurance, disability
    insurance, worker‟s compensation insurance, retirement plan, flexible spending plan, deferred compensation
    plan, and recommendations to the County Legislature with relation to the amount of official undertakings
    and the approval thereof, when the amount is fixed by the County Legislature.
 County Attorney‟s Office: In accordance with Sections 500 and 501 of County Law, all matters relating to
    the duties and powers of the County Attorney, including all matters pertaining to County legal actions,
    lawsuits, damages' claims, or other legal representation of the County.
 County Clerk‟s Office: Including all matters pertaining to the constitutional responsibilities of the Clerk as
    registrar and the duties of the Clerk as agent of the New York State Department of Motor Vehicles.
 Central Data Processing: Including all matters relating to the study, organization, promotion, coordination,
    purchase or lease of EDP equipment or systems, and development of the County's electronic data processing
    system for all of the County's Departments, agencies, or administrative units.
 Election Commissioners: Including all matters relating to the Election Commissioners and County
    responsibilities under the Election Law.
 Real Property Tax Service Agency: Including all matters relating to the equalization of tax rates for
                                       PROCEEDINGS OF THE YEAR 2006                                              173
    purposes of levying County taxes; representation of the County in all meetings and conferences with local
    assessors or individuals; and preparation of the assessment and tax rolls.
 Records Management: Including all matters relating to the County's Records Management Program which
    is overseen by the Legislative Office, including the establishment, organization and oversight of the records
    retention storage places, contracts for records management, procedures or rules which may be necessary for
    implementation of a comprehensive Records Management Program, and activities of the Records
    Management Advisory Board.
 Community Colleges: Including all matters relating to the Community College program.
The Management and Finance Committee shall:
       consider office and departmental estimates and make recommendation to this County Legislature of a
        tentative Budget for the ensuing fiscal year, including estimated expenditures and revenues, according to
        object and purpose consider and make recommendations to this County Legislature on all applications
        for additional appropriations, and transfer of funds when authorization is required by the County
        Legislature.
       represent this County Legislature in all matters or meetings relating to unpaid taxes, tax sales, collection,
        and recommendations regarding the disposition thereof, in which the County Treasurer, or the Clerk of
        this County Legislature, or this County Legislature, may have a duty or power to perform, with the
        exception of the refund of erroneous taxes.
       make recommendations to this County Legislature with relation to redemptions, compromises, sales,
        leases,
        repair, fencing, or other disposition of County-owned property by virtue of tax sale.
        Representation, oversight, and as appropriate, recommendations to the County Legislature regarding the
following Boards, Commissions, agencies or organizations:
Association for the Visually Impaired
Arts of the Southern Finger Lakes
Southern Tier Library Association
HUMAN SERVICES COMMITTEE
        Oversight, representation, and as appropriate, to make recommendations to the County Legislature, with
regards to all matters pertaining to the activities, programs, duties, responsibilities, personnel, expenses of
offices, purchase of equipment, maintenance of records and accounts or other matters relating to the offices,
departments, agencies or programs listed below, including those specifically identified as follows:
 Social Services: Including all matters relating to the duties, powers, and responsibilities of the County
    Commissioner of Social Services, in the administration of public assistance and care, or other matters which
    relate specifically to the administration of the County's Social Services Programs.
 Veterans' Services: Including all matters relating to the duties and power of the County Veterans' Service
    Director or officer in accordance with Section 800 of County Law, claims for soldiers' burial and
    headstones, and representation of the County Legislature in all matters pertaining to veterans or veterans'
    affairs.
 Youth Bureau: Including all matters relating to the administration of the Schuyler County Youth Bureau,
    and Programs.
 Office for the Aging: Including all matters relating to the County-sponsored programs and services for
    senior citizens, including fiscal and programmatic planning, outreach, information and referral;
    administration, coordination, and monitoring of contracts for legal, nutrition, home and health care,
    transportation, HEAP, etc; and representation of the County Legislature in all matters pertaining to services
    for senior citizens provided through the Office for the Aging.
 Public Health: Including all matters pertaining to the Public Health and Home Health Program and Clinics,
    the Physically Handicapped Childrens' Program, Education of Handicapped Children, Rabies, Early
    Intervention Program and Watershed.
 Mental Health: Including all matters pertaining to the Mental Health Clinic and the Mental Health contract
    agencies.
174                                   SCHUYLER COUNTY LEGISLATURE
Representation, oversight, and recommendations to the County Legislature as appropriate, on matters pertaining
to the following Boards, Commissions, or agencies:
Child Care Coordinating Council
Office for the Aging Advisory Council
RSVP Advisory Council
Social Ministry (Food Bank)
STCRP & D Human Services Committee
Youth Board
Health Services Advisory Board
Professional Advisory Board
Community Services Board
Mental Health Subcommittee
Mental Retardation/Developmental Disabilities Subcommittee
Alcoholism and Substance Abuse Subcommittee
DISCUSSION: Legislator Larison stated that he opposes this resolution and feels that it would be too much
burden on Legislators. He feels all of the Legislators should share the work and by some of them not being able
to chair a committee is not a proper way to run Legislative business. Legislator Bleiler reminded everyone of
the past resolution that was done, giving an emergency situation and being able to appoint a new chair in an
absence. Legislator Larison stated that it was not good to create an emergency. Legislator Fagan also reminded
everyone that it was ridiculous to come in from Tyrone for a short meeting and he feels this was a way to create
better efficiency. Legislator Yuhasz reminded them all that Legislator Karius comes from Hector. Legislator
Larison added that he has to drive a distance too, but when you come in there are additional things Legislators
should be doing such as; providing over sight of the committee. He also reminded them that when you run for
election to be a Legislator, that was one of the expectations. He said he felt it was just too much power for only
four people.
Vote: 5-1. Noes. Larison.
RESOLUTION NO. 423 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100% OF
        THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM ELIGIBLE COSTS, OF A
        TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREOF –
        HIGHWAY DEPARTMENT
        WHEREAS, a Project for the replacement of BIN 2254310, South Genesee Road over Catharine Creek,
Town of Montour, Schuyler County, PIN 6753.97 (“the Project”) is eligible for funding under Title 23 U.S.
Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80%
Federal funds and 20% non-federal funds, and
        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 2254310, South Genesee Road over Catharine
Creek, Town of Montour, Schuyler County, PIN 6753.97.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, duly convened does
hereby approve the above-subject project, and authorizes payment 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 approximately $117,000.00 and will be appropriated in
upcoming budgets, account number 5020.400 and made available to cover the cost of participation in the above
phase of the Project, and
        BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the
project exceeds the amount appropriated above, the County of Schuyler shall convene as soon as possible to
appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and
        BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County 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
                                      PROCEEDINGS OF THE YEAR 2006                                            175
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,
subject to approval of the Schuyler County Attorney, 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: 6-0.
RESOLUTION NO. 425 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE AN INTER-MUNICIPAL AGREEMENT WITH THE TOWN OF MONTOUR
        RELATIVE TO RECONSTRUCTION, FUNDING, OWNERSHIP AND MAINTENANCE OF A
        TOWN BRIDGE – HIGHWAY DEPARTMENT
        WHEREAS, the County of Schuyler and the Town of Montour, wishes to reconstruct the South Genesee
Road Bridge over Catharine Creek BIN 2254310 and PIN 6753.97, and
        WHEREAS, the municipalities are desirous of progressing the Project under the Federal-aid and, if
applicable, Marchiselli-aid Programs, and
        WHEREAS, the County of Schuyler shall serve as the lead agency for this project, meaning the County
of Schuyler will sign the necessary contracts, appropriate the necessary funds, and administer the
reimbursement in accordance with the stipulation of the agreement, and
        WHEREAS, the Town of Montour will reimburse the County of Schuyler for the five per-cent (5%)
local share, and
        WHEREAS, the Town of Montour is currently the owner of South Genesee Road Bridge over Catharine
Creek and will retain ownership at project completion.
        NOW THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an Inter-Municipal Agreement with the Town of Montour, subject to approval of the Schuyler County
Attorney.
Vote: 6-0.
RESOLUTION NO. 426 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE TWO-YEAR AGREEMENTS WITH HUNT ENGINEERING AND FISHER
        ASSOCIATES FOR MISCELLANEOUS ENGINEERING SERVICES – HIGHWAY DEPARTMENT
        BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute two-year term
agreements with Hunt Engineers, Fisher Associates for various engineering services for the County Highway
Department for the term July 1, 2006 through June 30, 2008; said agreements subject to the approval of the
Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 427 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE AMENDING THE 2006 BUDGET TO COVER EXPENSES FOR FEDERAL-AID
        PROJECTS – HIGHWAY DEPARTMENT
        WHEREAS, the Federal-Aid bridge projects that were bid earlier this year came in over the budgeted
amounts, and
        WHEREAS, the supplemental agreements were signed by the State to increase the cost of these projects,
and
        WHEREAS, there needs to be an amendment to the County Road Fund budget for these funds.
        NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer amend the 2006 County Road
Fund for the following expenses and revenues:
        AMOUNT                 ACCOUNT NO.           DESCRIPTION
        +$ 7,157.30            5120.524              CR 5 Bridge
        +$69,036.50            5120.569              CR 6 Bridge
        +$12,030.60            0002.3589             State Aid Other Revenue
        +$64,163.20            0002.4597             Federal Aid Other Revenue
        -$ 4,010.20            9524.900              Machinery Appropriations
176                               SCHUYLER COUNTY LEGISLATURE
        +$ 4,010.20          9522.900       County Road Appropriations
Vote: 6-0.
RESOLUTION NO. 428 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE AMENDING THE 2006 COUNTY ROAD FUND BUDGET/TRANSFER FROM
        CONTINGENCY TO REFLECT REPAIRS MADE TO THE WILLAMEE ROAD BRIDGE –
        HIGHWAY DEPARTMENT
        WHEREAS, the State Inspectors Red Flagged the Willamee Road Bridge as being unsafe, and
        WHEREAS, the bridge is now closed and under repair, and
        WHEREAS, these repairs were not included in the 2006 budget.
        NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer amend the 2006 County Road
Fund for this expense:
        AMOUNT                  ACCOUNT NO.           DESCRIPTION
        -$26,000.00             1990.500              Contingency
        -$24,000.00             9524.900              Machinery Appropriations
        +$50,000.00             9522.900              County Road Appropriations
Vote: 6-0.
RESOLUTION NO. 429 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE AMENDING THE 2006 MACHINERY PAYROLL BUDGET/TRANSFER FROM
        CONTINGENCY TO REFLECT AN INCREASE IN WAGES – HIGHWAY DEPARTMENT
        WHEREAS, the 2006 budget was adopted before the Highway Department Unit of Local 849, Unit
#8600, AFSCME, C.S.E.A Local 1000 Contract was signed, and
        WHEREAS, there were not enough funds allocated for the wage increase, and
        WHEREAS, there needs to be an amendment to the Machinery Fund budget for these additional funds.
        NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer is hereby authorized to amend the
2006 budget by transferring the amount of $4,000 from Contingency Account no. 1990.500 into account no.
9524.900- Machinery Appropriations.
Vote: 6-0.
RESOLUTION NO. 430A Motion by Fagan, Second by Slusser.
RE: MOTION TO TABLE RESOLUTION NO. 430 – FAILED
        BE IT RESOLVED, that Resolution No. 430 be tabled for further discussion.
Vote: 4-2. Noes. Larison, Gifford.
RESOLUTION NO. 430 Motion by Fagan, Second by Slusser.
RE: LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2006 PROVIDING FOR
        PARTIAL EXEMPTION FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL
        PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION - FAILED
        WHEREAS, Local Law Intro. No. 5/Local Law No. of the Year 2006 Providing for partial exemption
from taxation by the County of Schuyler of Real Property receiving the Infrastructure Exemption was
heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to
be held December 11, 2006 at 7:05 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
2006, 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 2006, together with
the required text thereof in the official county newspaper.
               LOCAL LAW INTRO. NO. 5/LOCAL LAW NO.                         OF THE YEAR 2006
        A local law providing for partial exemption by the County of Schuyler of Real Property Receiving the
Infrastructure Exemption.
        Be it enacted by the County Legislature of the County of Schuyler, as follows:
SECTION 1: LEGISLATIVE INTENT.
                                       PROCEEDINGS OF THE YEAR 2006                                              177
The purpose of this Local Law is to provide real estate tax relief to real property receiving the Infrastructure
Exemption to those municipalities who have adopted a local land use law that will be affected by this local law.
SECTION 2: LEGISLATIVE AUTHORITY.
This Local Law is enacted pursuant to the provisions of Section 485-g of the RPTL of the State of New York.
SECTION 3: SHORT TITLE.
This Local Law shall hereafter be known as the Infrastructure Exemption Law.
SECTION 4: REAL PROPERTY TAX EXEMPTION.
A. Residential building lots which are part of a subdivision plat for residential development which includes
infrastructure intended to be dedicated to the municipal corporation or a special district thereof in accordance
with the provisions of this section shall be exempt from taxation to the extent of the increased assessed value of
such lots resulting from the addition of such infrastructure for a period until the issuance of a certificate of
occupancy but in no event longer than three years from granting of the exemption herein, which certifies that a
residence is constructed on a building lot in such subdivision. Such exemption shall be the value of the
infrastructure proportionately applied to each of the lots in the subdivision. Upon issuance of the certificate of
occupancy but in no event longer than three years from granting of the exemption herein, the exemption
provided by this subdivision shall lapse.
B. For purposes of this section infrastructure shall be comprised of the following public facilities which are
intended to be dedicated to the municipal corporation or a special district thereof: streets, storm and sanitary
sewers, drainage facilities and any other facilities required by the municipality to be installed in such residential
subdivision as noted on the filed plat plan for such residential subdivision.
SECTION 5: APPLICATION PROCESS.
A. Such exemption shall be granted only upon application by the owner of the real property on a form
prescribed and made available by the office of real property services. The applicant shall file the information as
required by the office of real property services. The application shall be filed with the assessor of the
appropriate assessing unit. Such application shall be filed on or before the appropriate taxable status date of
such assessing unit and not later than one year from the date of completion of such construction, installation or
improvement. On approved subdivision lots in which such infrastructure has been completed as of the effective
date of the local law or school district resolution providing that the exemption under this section shall be
applicable within its jurisdiction and for which a certificate of occupancy has not been issued, application shall
be made within one year from the effective date of such local law or school district resolution.
B. If the assessor receives an application by the owner of the real property, and is satisfied that the applicant is
entitled to an exemption pursuant to this section, the assessor shall approve the application and such real
property shall thereafter be exempt from taxation as herein provided commencing with the assessment roll
prepared after the taxable status date referred to in subdivision A of this section. The assessed value of any
exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the
taxable property, with the amount of the exemption entered in a separate column.
SECTION 6: VALIDITY.
If any section, subsection, paragraph, clause, sentence or phrase of this Local Law is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such decision shall not affect the validity of the remaining portion thereof.
SECTION 7: EFFECTIVE DATE.
This Local Law shall take effect immediately.
Vote: 2-4. Noes. Yuhasz, Slusser,Fagan, Bleiler.
RESOLUTION NO. 431 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO CHARGED ON THE
        JANUARY, 2007, 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 2007 Town and County tax bill, per Town resolution No. 213, as a separate item for the amount
of the arrears.
178                                   SCHUYLER COUNTY LEGISLATURE
         NOW, THEREFORE, BE IT RESOLVED, that the delinquent water bills for the Town of Hector be
added to the January, 2007, Town and County tax bills as a separate item for the amount of the arrears, provided
by Town Law, Article 12, Paragraph 198.
Vote: 6-0.
RESOLUTION NO. 432 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE
         CHARGED ON THE JANUARY, 2007, 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 2007 Town and County tax bills as shown in the Town of Reading Resolution No. 63.
         NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of
Reading be added to the January, 2007, Town and County tax bill as a separate item for the arrears, as provided
by Town Law Section 198, subsection 1 (k).
Vote: 6-0.
RESOLUTION NO. 433 Motion by Fagan, Second by Slusser.
 RE: COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2006 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 2006 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 2007 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 County Courthouse, 105 Ninth Street, Watkins Glen on December 11th at 7:00 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 11th day of December, 2006, 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 2006 for the
Lamoka/Waneta Lakes District in the Towns of Orange and Tyrone, in the County of Schuyler, and State of
New York be hereby approved as completed and filed in the office of the Schuyler County Real Property Tax
Service Agency, and
         BE IT FURTHER RESOLVED, that the Director of the Schuyler County Real Property Tax Service
Agency and the Schuyler County Treasurer shall see to the proper procedure for the levy and collection of the
appropriate taxes on the several real properties situate and benefited within said Lakes‟ Protection and
Rehabilitation District, and
         BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be forwarded to the
Director of Real Property Tax Service Agency, the County Treasurer, the Attorney for said Lakes‟ Protection
and Rehabilitation District, the Lamoka/Waneta Lakes‟ District Commission and the Clerk of the Steuben
County Legislature.
Vote: 6-0.
RESOLUTION NO. 434 Motion by Fagan, Second by Slusser.
RE: DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES‟ PROTECTION AND
         REHABILITATION DISTRICT TAXES DUE JANUARY 2007
         Pursuant to Article 5-D of the County Law of the State of New York.
                                       PROCEEDINGS OF THE YEAR 2006                                      179
         BE IT RESOLVED, that the report of the Lamoka/Waneta Lakes‟ District Commission of the several
amounts of taxes due January 2007, levied upon the various parcels of land in the said Lakes‟ Protection and
Rehabilitation Districts be received and filed, and the Director of the Schuyler County Real Property Tax
Service Agency is directed to levy the amount upon the various parcels therein mentioned in accordance with
said report, and
         BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to the Director
of Real Property Tax Service Agency; Attorney for the Lakes‟ Protection and Rehabilitation Districts; the
Lamoka/Waneta Lakes‟ Districts Commission, and the Clerk of the Steuben County Legislature.
Vote: 6-0.
RESOLUTION NO. 435 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN AND
         TO CREATE AND FILL TWO ASSESSOR POSITIONS – REAL PROPERTY TAX – AS
         AMENDED BY RESOLUTION NO. 59-07
         WHEREAS, Schuyler County will be contracting to provide assessment services to the Towns of
Catharine, Dix, Montour, Orange, Reading & Tyrone commencing in 2007, and
         WHEREAS, it is the recommendation of the County Administrator that two Assessor positions, one full-
time and one part-time, be created within the Real Property Tax Service Agency, and
         WHEREAS, the County Administrator and the Human Resources Director have completed the
following factor rating for the position of Assessor:
         I      Accountability                   60
         II     Complexity of Duties             60
         III    Experience/Knowledge             80
         IV     External Contacts                45
         V      Independent Judgment           100
         VI     Internal Contact                 60
         VII    Impact on Programs/Adm           75
         VIII Interpersonal Skills               80
         IX     Supervision/Leadership           75
                TOTAL                          635 = Grade G.
         NOW, THEREFORE, BE IT RESOLVED, the Management/Confidential Salary Plan be amended to
reflect the addition of the assessor position with the above factor rating in salary grade G, and
         “BE IT FURTHER RESOLVED, that this Legislature hereby authorizes the Real Property Tax
Director to create and fill one part time assessor position at 9 hours a week, in Grade Level G of the
Management/Confidential Salary Plan in a salary range of $39,381 (minimum) - $48,888 (mid-range), on
or after January 1, 2007, with funding already present in the department’s 2007 budget, and”
         BE IT FURTHER RESOLVED, that this Legislature hereby authorizes the Real Property Tax Director
to create and fill one full time assessor position at 35 hours a week, in Grade Level G of the
Management/Confidential Salary Plan in a salary range of $39,381 (minimum) - $48,888 (mid-range), on or
after October 1, 2007, with funding already present in the department‟s 2007 budget.
DISCUSSION: Legislator Bleiler asked County Administrator O‟Hearn for an update on the Town of Hector‟s
status of participation in the County Wide Assessment. Administrator O‟Hearn replied that at this point they
were not participating, but they will be meeting again and he would provide any updates afterwards.
Vote: 6-0.
RESOLUTION NO. 436 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE CREATION AND FILLING OF AN ASSESSMENT AIDE – REAL PROPERTY TAX
         – AS AMENDED BY RES. NO. 463-06
         WHEREAS, Schuyler County will be contracting to provide assessment services to the Towns of
Catharine, Dix, Montour, Orange, Reading & Tyrone commencing in 2007, and
         WHEREAS, it is the recommendation of the County Administrator that an Assessment Aide position be
created within the Real Property Tax Service Agency.
180                                  SCHUYLER COUNTY LEGISLATURE
        NOW, THEREFORE, BE IT RESOLVED, that the Real Property Tax Director be hereby authorized to
create and fill one Assessment Aide position in Salary Grade X, to work 25 hours a week, at an hourly rate as
set forth in the Administrative Unit contract, effective January 1, 2007.
Vote: 6-0.
RESOLUTION NO. 437 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE CONTRACT RENEWAL WITH WEILER MAPPING INC. FOR TAX MAP
        SERVICES – REAL PROPERTY TAX AGENCY – AS AMENDED BY RESOLUTION NO. 231-07
        WHEREAS, the county contracts with Weiler Mapping, Inc. for the maintenance of tax maps, and
        WHEREAS, the contract is up for renewal for the 2007 calendar year, and
        WHEREAS, the provisions of the contract have been scaled back to include only map maintenance and
a fee for hosting an Internet Map Server.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Weiler Mapping, Inc. for the term of January 1, 2007 through December 31, 2007, in the
amount of $14,300, funding available in the 2007 budget account no. 1355.577-Tax Maps; subject to approval
of the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 438 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE AMENDING THE 2006 BUDGET FOR COST ALLOCATION PURPOSES –
        VARIOUS DEPARTMENTS
        WHEREAS, the 2005 Cost Allocation Plan prepared by Venesky & Company has increased allocations
to both the Information Technology Department and Records Management, and
        WHEREAS, the 2006 should be amended to reflect the true costs associated with these departments.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
amend the 2006 budget as follows:
AMOUNT                  ACCOUNT NO.                    DESCRIPTION
+$23,750                6010.479                       Records Management-Social Services
+$23,750                1460.1289                      Other Gen. Dept. Income – Records Management
+$29,750                6010.435                       Professional Fees & Services – Social Services
+$19,196                4010.532                       Public Health – Computer Services
+$ 1,732                4310.532                       Mental Health – Computer Services
+$50,678                1680.1289                      Other Gen. Dept. Income-Information Technology, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign
amendments to the contracts for Information Technology and Records Management for the departments listed
above, subject to the approval of the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 439 Motion by Fagan, Second by Yuhasz.
RE: ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS –
        BOARD OF ELECTIONS
        WHEREAS, pursuant to Article 5-g of the General Municipal Law and the Help America Vote Act
(HAVA 2002) certain election functions are to be consolidated at the county level, and
        WHEREAS, Election Inspectors need to now be appointed by the local Board of Elections and
acknowledged by the County Legislative Body by resolution, and
        WHEREAS, after completing the necessary training and upon certification the Schuyler County Board
of Election Commissioners have made a recommendation of seven individuals to be appointed as election
inspectors.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges
the appointment of the following individuals as Schuyler County Election Inspectors for a one-year term
commencing July 15, 2006 through July 14, 2007:
        Linda Arcangeli (D)                            Barbara Cilley (R)
        Karen Solomon (D)                              Doris Karius (R)
        Cliff Yaw (D)                                  Janis Liu (R)
                                        PROCEEDINGS OF THE YEAR 2006                                        181
                                                     Bonnie Seeley (R), and
        BE IT FURTHER RESOLVED, that Party Election Inspectors are approved by each party and
appointed by the Board of Elections to be acknowledged by the County Legislative Body by Resolution, and
        BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby acknowledges the
appointment of the following two individuals as Schuyler County Party Inspectors for a one-year term
commencing July 15, 2006 through July 14, 2007:
        Julie Smith (R)                              William MacNamara (D)
Vote: 6-0.
RESOLUTION NO. 440 Motion by Fagan, Second by Yuhasz.
RE: SET REIMBURSEMENT RATES FOR COUNTY DEMOCRATIC AND REPUBLICAN PARTY
        INSPECTORS AND CHAIRPERSON INSPECTORS – BOARD OF ELECTIONS
        WHEREAS, pursuant to Article 5-g of the General Municipal Law and the Help America Vote Act
(HAVA 2002) certain election functions are to be consolidated at the county level, and
        WHEREAS, Democratic and Republican Party Inspectors were paid $25 for each machine inspected for
both the Primary and the General Election, and the Chairperson Inspectors were paid $25 each election by the
towns, and
        WHEREAS, it is the recommendation of the Board of Election Commissioners that said inspectors be
paid the same rate as they have been from the towns.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
Democratic and Republican Party Inspectors working for the county to be paid the rate of $25 for each machine
inspected for both the Primary and General Election, and
        BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby authorizes the Chairperson
Inspectors working for the county to be paid the rate of $25 for both the Primary and the General Election.
Vote: 6-0.
RESOLUTION NO. 441 Motion by Fagan, Second by Yuhasz.
RE: DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU
        WHEREAS, the New York Office of Children and Family Services (OCFS) allows the County Chief
Executive to delegate authority to their County‟s Youth Bureau Directors to sign all amendments to their
County‟s approved allocation plan,
        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 from the Schuyler County Youth Board
and with appropriate reporting to the Human Service Committee of the Legislature.
Vote: 6-0.
RESOLUTION NO. 442 Motion by Fagan, Second by Yuhasz.
RE: AMEND RESOLUTION NO. 378-06 TITLED “RECOGNITION OF THE BIFURCATION OF THE
        SCHUYLER COUNTY DEPUTY SHERIFF‟S ASSOCIATION”
        WHEREAS, Resolution No. 378-06 recognized the division of the Deputy Sheriffs Association into two
new collective bargaining units, and
        WHEREAS, at a meeting of the newly created Correction Officers group on December 7, 2006, they
voted to have their unit be titled the “Schuyler County Correction Officers Benevolent Association”.
        NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 378-06 be amended to change the title
“Schuyler County Correction Officers/Administrative Unit” to “Schuyler County Correction Officers
Benevolent Association”.
Vote: 6-0.
RESOLUTION NO. 443 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO PAY FOR FISCAL ADVISORS
        – TREASURER‟S OFFICE
        WHEREAS, Resolution No. 113-06 authorized an agreement with Allardice & Associates for the Office
182                                 SCHUYLER COUNTY LEGISLATURE
Reallocation Capital Project, and
         WHEREAS, services have been provided in the amount of $4,370.46 regarding various financial aspects
of the proposed building project, and
         WHEREAS, said expenses were incurred prior to the formation of the Human Services Local
Development Corporation and there are no funds available in the budget to cover said costs.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
transfer $4,370.46 from Contingency account no. 1990.500 into account no. 1325.435-Professional Fees and
Services to pay for said services.
Vote: 6-0.
RESOLUTION NO. 444 Motion by Yuhasz, Second by Larison.
RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR
         BE IT RESOLVED, that two (2) Resolutions be brought to the floor.
Vote: 6-0.
RESOLUTION NO. 445 Motion by Larison, Second by Yuhasz.
RE: TWO-YEAR APPOINTMENTS TO THE SCHUYLER COUNTY PLANNING COMMISSION
         BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following
individuals to the Schuyler County Planning Commission for the term January 1, 2007 through December 31,
2008, to wit:
                                          PLANNING COMMISSION
                                       Richard Owlett, Town of Catharine
                                          Alvin White, Town of Hector
                                         Deborah Cox, Town of Montour
                                        Nancy Whipple, Town of Orange
                                      Linda Arcangeli, Village of Burdettt
                                         Jeff Greuber, Village of Odessa
                                    Wayne Weber, Village of Watkins Glen
                                               Bill Kelly, Medical
Vote: 6-0.
RESOLUTION NO. 446 Motion by Larison, Second by Yuhasz.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR OFFICE FOR THE AGING DEPUTY
         DIRECTOR
         BE IT RESOLVED, that this Legislature acknowledge the appointment by Tamre Waite, Office for the
Aging Director, of Sheila LaFever as Deputy Director at an annual salary of $36,500, effective December 14,
2006, said position is in Grade Level F of the Management/Confidential Salary Plan.
Vote: 6-0.
RESOLUTION NO. 371 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE GRANT APPLICATION FOR THE LAMOKA/WANETA LAKES ONSITE
         WASTEWATER SYSTEM IMPROVEMENT PROGRAM
         WHEREAS, a grant is available for an Onsite Wastewater System Improvement Program in the Towns
of Tyrone, Orange and Wayne for the protection of Lamoka and Waneta Lakes, and
         WHEREAS, the Watershed Protection Agency is interested in applying for this grant to continue the
Lamoka Waneta Lakes Wastewater System Inspection Program, and
         WHEREAS, the Watershed Protection Agency is interested in applying for this grant in order to aid
property owners on the lakes by improving or updating the wastewater systems on these two lakes, and
         WHEREAS, updating these systems is needed to enhance the water quality of these lakes, and
         WHEREAS, property owners would contribute a 33% match in funds for the total system replacement
for failing wastewater systems with no local share cost, and
         WHEREAS, priority would be given to those properties with the highest potential for enhancing water
quality.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign the application forms for the Onsite Wastewater System Improvement Program.
                                     PROCEEDINGS OF THE YEAR 2006                                            183
Vote: 6-0.
RESOLUTION NO. 383 Motion by Bingell, Second by Larison.
RE: AUTHORIZE DECREASING THE HOURS OF ONE SERVICE AIDE POSITION FROM FULL-
        TIME TO PART-TIME – OFFICE FOR THE AGING
        WHEREAS, there is currently one vacant full-time Services Aide position at the Office for the Aging,
and
        WHEREAS, the full-time positions Account Clerk Typist/Keyboard Specialist, an Insurance Counseling
Coordinator, and an Aging Services Caseworker have been created and filled, and
        WHEREAS, the staffing needs of the Office have been re-evaluated along with the grant monies for
each program, and it is determined that the needs can be met by decreasing the hours of the vacant full-time
Services Aide position currently in place and still maintain the budget, and
        WHEREAS, it is the recommendation of the Office for the Aging Director that the vacant full-time
Services Aide position classified as Civil Service Grade 0 with a beginning pay of $10.82 per hour, be reduced
to part-time, 17 hours a week.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
decrease in hours for the vacant Services Aide position from full-time, 35 hours per week to part-time, 17 hours
per week, in the Civil Service grade level 0 with the beginning pay of $10.82 per hour for the Schuyler County
Office for the Aging.
Vote: 6-0.
NEW BUSINESS:
        Appointment of Elections Commissioners by Respective Party Legislators.
        All Republican Legislators were in favor of re-appointing Joseph Fazzary as the Republican Board of
Elections Commissioner for the term January 1, 2007 through December 31, 2008.
        All Democratic Legislators were in favor of re-appointing John Vona as the Democratic Board of
Elections Commissioner for the term January 1, 2007 through December 31, 2008.
UNFINISHED BUSINESS:
        a.      Tabled Resolution No. 371-06 titled ”AUTHORIZE GRANT APPLICATION FOR THE
                LAMOKA/WANETA LAKES ONSITE WASTEWATER SYSTEM IMPROVEMENT
                PROGRAM – TABLED
        b.      Tabled Resolution No. 383-06 titled “AUTHORIZE DECREASING THE HOURS OF THE
                SERVICE AIDE POSITION FROM FULL-TIME TO PART-TIME – OFFICE FOR THE
                AGING - TABLED
REPORT ON STANDING COMMITTEES:
        Legislator Bleiler reported on the recent Ag & Farmland Protection Board meeting that he recently
attended. At the meeting he told the Board that the proposed Local Law (485G) had been withdrawn, but it
seems that he gave them the wrong information. They discussed the plan for preservation of all Agricultural
land, funding for that purpose, and will be very active in encouraging protection. They also are 100% in
support of the Town of Dix and their plan for protection of the Agricultural land.
        Legislator Slusser provided a brief update on the CSEA Administrative Unit Negotiations and stated that
it seemed they were at an impasse.
        Legislator Fagan provided an update on the Transportation Steering Committee, stating that they
recently had met. He provided a summary of the open house and recent meeting comments. He also discussed
an overview of the current Chemung County Transit services, passenger services findings and service
alternatives. The purpose of the meeting was reviewed and he stated that there was existing services to Cornell,
but they were looking at alternatives. They have been discussing the Feasibility of the T-CAT and Chemung
Transit Services extension. Also, there was some discussion of maximizing both services through the
possibility of expanding service routes. They have found that they need more input for the more needy public
members. They will need additional input from the general public too. The Retired Senior Volunteers are trying
to get more comments from seniors and doing a great job at it. The Social Service Department is involved in
getting more information too. He also noted that he felt David Sharfarz from Nelson Nygaard was very sharp
and feels like we did a great job getting him as a consultant. The Department of Transportation and others are in
184                                 SCHUYLER COUNTY LEGISLATURE
agreement with what he is saying, but we would still like to spend more time getting input from the community.
So the needs assessment may take longer, but that is alright.
COUNTY ADMINISTRATOR’S REPORT:
        County Administrator O‟Hearn reported that, to date, there are 130 County Employees enrolled in the
upcoming Schuyler Steps Out walking Program. He has encouraged everyone to participate and is very excited
with the number of enrollees. It will be kicked off on this Friday at 10:00 am when group leaders will pick up
pedometers and packets from Schuyler Hospital. Legislator Yuhasz asked how many miles people were
expected to walk a day. Administrator O‟Hearn replied that participants were being encouraged to walk at least
five miles a day.
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 7:25 P.M.
               Stacy B. Husted, Clerk
               Sharlene A. Parker, Deputy Clerk

                                            YEAR END MEETING
                                             DECEMBER 27, 2006

        The December 27, 2006 Year End 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 Chairman Gifford in Legislator Slusser
absence at the beginning of the meeting and followed by a Moment of Silence. All Legislators were present
except Legislators Karius and Bleiler who were excused. County Attorney Coleman and County Administrator
O‟Hearn were also present.
PUBLIC PARTICIPATION:
        Alan Hurley stood and stated that he had an issue to bring to the Legislative Board. He stated that it was
his opinion that the purchase of the former Jamesway Building site located in Montour Falls was not in the best
interest of the public. He had some questions about this potential purchase such as; how will this affect the
County‟s tax rate and is the Legislature selling the Montour Falls Rural Urban Center Building and then
purchasing the Jamesway site? In a tax payer‟s view, what is the difference in taxes? In the business view, how
will this affect the Empire Zone? He also felt the intent for the County would be to promote economic growth
within the County. He went on to say that he was currently working on a business plan for the Empire Zone,
but had not decided on a site for his proposed business. However, the site he was looking at was the Jamesway
building. He went on to say that he had been talking to the public and that he was finding that there were some
people in the County that were disgruntled with the idea of the County purchasing the Jameway building site.
He asked if the Board could please look at this better before making a decision. Legislator Slusser said, for the
record, that the Legislature had not gone into this without looking at the tax roll, employees and everything else.
They have studies this proposal for more that two years now. Legislator Larison agreed with Legislator Slusser
and also stated that they had looked at all of this and it was part of their job as a Legislator.
        Tim Bauman stood and stated that he was a Schuyler County Taxpayer and he was present to support
Mr. Hurley. He asked about the Business Park that was built and asked why it has been vacant. He felt that
nothing was being done. Chairman Gifford stated that this is a different area than what was being discussed and
taxes were being paid on the site. Mr. Hurley stated that there was also an issue of jobs in the area. He said that
a lot were based on tourism, but he felt the County needed year round jobs in the private and public sector. He
asked if the sale of the Rural Urban Center would offset the costs that will occur with the purchase of the
Jamesway building such as; bringing the building up to ADA standards and the high ceilings which will mean
increased utility costs. He then stated that he was here to help the Legislature. However, he feels it is a bad
decision to buy the building. He also feels it will be preventing economic growth and will be setting up the
County for failure. He would like it looked into more and answers to the questions and concerns made public.
RESOLUTION NO. 447 Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE DECEMBER 11, 2006 REGULAR MEETING OF THE SCHUYLER
        COUNTY LEGISLATURE - TABLED
        BE IT RESOLVED, that the minutes of the December 11, 2006 Regular Meeting of the Schuyler
                                    PROCEEDINGS OF THE YEAR 2006                                         185
County Legislature be approved.
DISCUSSION: Legislator Larison felt this Resolution needed to be tabled so that the legislators had more time
to read the minutes prior to approving them.
Vote: 5-1. Noes. Slusser.
RESOLUTION NO. 448 Motion by Larison, Second by Bingell.
RE: APPROVE ALTERNATIVE TO INCARCERATION SERVICE PLAN FOR 2007 – PROBATION
        DEPARTMENT
        WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the
year 2007, and
        WHEREAS, the said Plan and Budget have been reviewed and both appear to be in order and have been
approved by the Public Safety/Criminal Justice Committee of this Legislature.
        NOW, THEREFORE, BE IT RESOLVED, that the year 2007 Alternatives to Incarceration Service Plan
and Budget be hereby approved by the Schuyler County Legislature, and the Chairman be authorized to sign the
same upon approval of the Schuyler County Attorney, and
        BE IT FURTHER RESOLVED, that the Criminal Justice Advisory Council submit the same to the New
York State Division of Probation and Correctional Alternatives for approval.
Vote: 6-0.
RESOLUTION NO. 449 Motion by Larison, Second by Bingell.
RE: AUTHORIZE CONTRACT RENEWALS FOR 2007 WITH SOCIAL SERVICES, MENTAL
        HEALTH, PUBLIC HEALTH, PROBATION AND OFFICE FOR THE AGING FOR THE FAMILIES
        FIRST PROGRAM-YOUTH BUREAU
        WHEREAS, the Youth Bureau is the coordinating department of the Families First program, and
        WHEREAS, each of the following departments (Social Services, Mental Health, Public Health,
Probation, and Office for the Aging) have money in their respective budgets to support the Families First
program for the year 2007.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into contract renewals with the following departments for the year 2007, subject to the approval of the
Schuyler County Attorney:
        Department of Social Services
        Mental Health
        Public Health
        Probation
        Office for the Aging
Vote: 6-0.
RESOLUTION NO. 450 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AN APPLICATION TO THE ROYCE HAIGHT BOOTH YOUTH FUND FOR THE
        FAMILY PLAY AND RESOURCE CENTER – YOUTH BUREAU
        WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center
program, and
        WHEREAS, funding is needed for contracting program development and oversight, and
        WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and
        WHEREAS, the Youth Bureau would like to apply to the Royce Haight Booth Youth Fund which offers
funding between $500.00 and $3,000, and there is no local match required.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign the aforementioned grant application for funding for the Family Play & resource Center and any
subsequent contracts; subject to review of the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 451 Motion by Larison, Second by Bingell.
RE: AUTHORIZE CERTIFICATION OF THE 2005 COST ALLOCATION PLAN – SOCIAL SERVICES
186                                 SCHUYLER COUNTY LEGISLATURE
        BE IT RESOLVED, that the Schuyler County Legislature hereby accept the 2005 Cost Allocation Plan
prepared by Venesky and Company for Schuyler County Department of Social Services‟ claiming of county-
wide administrative costs and maintenance in lieu of rent in 2007, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to certify the
plan to the New York State Office of Temporary and Disability Assistance.
Vote: 6-0.
RESOLUTION NO. 452 Motion by Larison, Second by Bingell.
RE: AUTHORIZE A CONTRACT AMENDMENT TO THE 2006 ARC MEDICAL TRANSPORTATION
        AGREEMENT – SOCIAL SERVICES
        WHEREAS, the Schuyler County Department of Social Services has a contract with the Schuyler ARC
for transportation of Medicaid recipients, and
        WHEREAS, this contract has currently increased over the allotted amount for 2006, and
        WHEREAS, the Department has money available to cover the increase through 2006.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign an amendment to the contract between the County‟s Department of Social Services and the Schuyler ARC
in the amount of $15,000, funding available in account 6101.400, subject to approval of the and County
Attorney.
Vote: 6-0.
RESOLUTION NO. 453 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AMENDING THE 2006 BUDGET FOR HEAP - DEPARTMENT OF SOCIAL
        SERVICES
        WHEREAS, the Department of Social Services projects that the 2006 HEAP program will exceed its
current budget, and
        WHEREAS, HEAP benefits are reimbursed with 100% Federal aid.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
amend the Department of Social Services 2006 Budget as follows:
        AMOUNT                ACCOUNT NO.           DESCRIPTION
        +$200,000             6141.400              HEAP Expenditures
        +$200,000             6141.4641             Federal Aid - HEAP
Vote: 6-0.
RESOLUTION NO. 454 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AMENDING THE 2006 BUDGET FOR PERSONAL SERVICES – COMMUNITY
        SERVICES
        WHEREAS, the Mental Health Clinic has seen an increase in the volume of its services in 2006, and
        WHEREAS, this has resulted in an increase in salaries to provide these services, and
        WHEREAS, there has been a corresponding increase in fee for service revenue.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
amend the 2006 Community Services budget as follows:
        AMOUNT                        ACCOUNT NO.                   DESCRIPTION
        +$25,000                      4310.100                      Personal Services
        +$25,000                      4310-1620                     Mental Health Fees
Vote: 6-0.
RESOLUTION NO. 455 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT WITH JESSICA STALICA FOR SPECIAL EDUCATION SERVICES FOR
        EARLY INTERVENTION - PUBLIC HEALTH
        WHEREAS, the Public Health Department is required to provide Early Intervention services for Children,
and,
        WHEREAS, Jessica Stalica is approved as a provider of special education services for the blind and
visually impaired, and
        WHEREAS, rates paid for Early Intervention services provided under this agreement are set by the New
York State Department of Health and are not subject to negotiation.
                                        PROCEEDINGS OF THE YEAR 2006                                            187
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into an agreement with Jessica Stalica for special education services for Early Intervention, effective
December 1, 2006 through December 31, 2007, at rates established by the New York State Department of Health,
funds available in the Public Health budget, account no. 4054.490, subject to the approval of the Schuyler County
Attorney.
Vote: 6-0.
RESOLUTION NO. 456 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT WITH YATES COUNTY PUBLIC HEALTH FOR REGIONAL PUBLIC
        HEALTH EMERGENCY PLANNING - PUBLIC HEALTH
        WHEREAS, the Public Health Departments in the counties of Chemung, Livingston, Monroe, Ontario,
Schuyler, Seneca, Steuben, Wayne and Yates wish to collaborate on a regional Public Health Emergency Planning
Project, and
        WHEREAS, each participating county has agreed to designate a portion of their emergency planning grant
funds towards this project in order to fully fund the regional project staff and activities, and
        WHEREAS, the funds will be used to enter into a sub-contract with the S2AY Rural Health Network to
provide the staff, supplies and supervision for the project.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign an agreement with each of the participating counties for its portion of the project funding of $10,000, for the
period August 31, 2006 through August 31, 2007, funds being provided through the 2006 - 2007 Bioterrorism
grant, subject to the approval of the Schuyler County Attorney, and
        BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to the Public Health office
and the Schuyler County Treasurer.
Vote: 6-0.
RESOLUTION NO. 457 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE AMENDING THE 2006 BUDGET FOR THE EARLY INTERVENTION PROGRAM –
        PUBLIC HEALTH
        WHEREAS, the Early Intervention Program has an increase in the number of children expected to
require services, and
        WHEREAS, there will be an increase in revenue.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
amend the 2006 Early Intervention budget, as follows:
        AMOUNT                  ACCOUNT NO.             DESCRIPTION
        + $30,000               4054.490                Contractual Expense
        + $30,000               4054.1621               Revenue
Vote: 6-0.
RESOLUTION NO. 458 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE TRANSFER OF FUNDS FOR BUILDING REPAIRS - COMMUNITY SERVICES
        BOARD
        WHEREAS, Resolution No. 482-98 established a Community Services Board reserve account to cover
expenses related to major projects and repairs at the Mill Creek Center building, and
        WHEREAS, major repairs have recently taken place at the Mill Creek Center building involving the
updating of the Heating / Venting / Air Conditioning (HVAC) system, and
        WHEREAS, the bills for these repairs should be paid from the Community Services Board account.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer $1,058.00 from the Community Services Board Reserve Account to account no. 4310.426-Maintenance
of Equipment, for repairs at the Mill Creek Center building.
Vote: 6-0.
RESOLUTION NO. 459 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS
        WHEREAS, there have been some requests to transfer funds made through the County Administrator‟s
Office that require a Resolution to be done due to the transfer going from one budget to another.
188                                  SCHUYLER COUNTY LEGISLATURE
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
transfer the following in the 2006 budgets:
HIGHWAY DEPARTMENT
        AMOUNT                 BUDGET                        ACCOUNT NO.
        -$25,000               Bridges                       5120.545-CR 14 Bridge
        +$25,000               Permanent Improvements        5112.571-Reconstruction CR 27
SHERIFF‟S DEPARTMENT
        AMOUNT                 BUDGET                        ACCOUNT NO.
        -$50,000               Sheriff                       3110.100-Personnel
        +$50,000               Jail                          3150.102-Personnel PT
        -$7,000                Sheriff                       3110.100-Personnel
        +$7,000                Jail                          3150.100-Personnel
Vote: 6-0.
RESOLUTION NO. 460 Motion by Bingell, Second by Larison.
RE: DEDICATION OF 2006 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 2006" contain a tribute to James Howell (former Watershed Inspector), Janet
Meaney (former Sr. Staff Social Worker), Judy Croft (former Services Aide), Francis Gingrich (former
Medicaid Super./Managed Care Coordinator), and Daryl L. Slusser (former Legislator), subject to any other
retirements effective by December 31, 2006.
Vote: 5-0. Abstain Slusser.
RESOLUTION NO. 461 Motion by Bingell, Second by Larison.
RE: AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS
        BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following
account transfers in order to balance out the 2006 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: 6-0.
RESOLUTION NO. 462 Motion by Bingell, Second by Larison.
RE: ACCEPT/REJECT BIDS FOR ONE (1) 2000 CHEVROLET C6500 USED ROLLBACK – HIGHWAY
        DEPARTMENT
        WHEREAS, the Highway Department is in need of a Rollback Truck, and
        WHEREAS, advertisement for bids of the same where made and opened at the bid opening on
December 13, 2006, and
        WHEREAS, there was one bid opened and read aloud.
        NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Schuyler County Highway
Superintendent, the Schuyler County Legislature accept the following bid from Parmenter Inc. for a 2000
Chevrolet, C6500 used Rollback in the amount of $27,600; funds available in the 2006 budget account number
5130.284.
Vote: 6-0.
RESOLUTION NO. 463 Motion by Bingell, Second by Larison.
RE: AUTHORIZE AMENDING RESOLUTION NO. 436-06 TITLED “AUTHORIZE CREATION AND
        FILLING OF A PART-TIME ASSESSMENT AIDE – REAL PROPERTY TAX”
        WHEREAS, Resolution No. 436 authorized the creation of a part-time Assessment Aide position, and
        WHEREAS, said position will actually be working 25 hours a week.
        NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 436-06 be amended to remove the word
Part-Time from the title and the body of Resolution, and
                                       PROCEEDINGS OF THE YEAR 2006                                           189
        BE IT FURTHER RESOLVED, that the Now, Therefore, Be It Resolved clause in the Resolution shall
now read as follows in bold:
        “NOW, THEREFORE, BE IT RESOLVED, that the Real Property Tax Director be hereby
authorized to create and fill one Assessment Aide position in Salary Grade X, to work 25 hours a week, at
an hourly rate as set forth in the Administrative Unit contract, effective January 1, 2007”.
Vote: 6-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS:
        Legislator Fagan said he would like to respond about the earlier comment regarding the Business Park
made by Tim Bauman. He said it takes a lot of hard work to get individuals, businesses and new tenants into a
Business Park. He sits on the SCOPED Board and there are currently a few potential businesses that are being
considered. Sometimes it takes five years or more to land tenants into a Business Park, but everyone could be
reassured that they were doing everything that could be done and hoped to see Businesses in the Park within the
next few years.
PUBLIC PARTICIPATION:
        Alan Hurley wanted to say that he applauded everyone for doing there job, but reminded everyone that
the State has tax credits available for businesses and had copies of some of the credits in his hand that he had
found on the internet. He felt there was a need to look at business opportunities and that he was doing what he
could do by going to Albany and discussing opportunities that are available. He then said there was money for
tax credits and that he was asking for help. He said that the Legislature and himself need to work together. He
ended by again saying that the Jameway site was not a good idea.
        Tim Bauman spoke again and said he was not trying to offend anyone for not doing their job, but he
would like to see it go faster also.
        Legislator Fagan stated that the Legislature also wants to see the Tax base increase, see higher paying
jobs come to the area and that they were working on it.
        Chairman Gifford reminded everyone that it was not just the Legislature working on it, but a lot of other
entities were working on it too such as; SCOPED and the Chamber of Commerce. There had been interest in
the Business Park, but most recently there had been even more viable ones.
        Mr. Hurley stated that maybe some businesses should be reviewed to see about going into the Business
Park. He said it seemed to him that the small businesses were being shot down when they were looking at
going into the Business Park. He said that maybe if there were less restrictions, that would help with this issue.
He felt they needed to look at what the intent of the Business Park was for. Chairman Gifford said they had
looked at it and the Business Park was a SCOPED issue and not up to the Legislature to say what can or can not
be in the Business Park. Mr. Hurley said he had submitted a Business Plan that was not done and SCOPED had
voted against his business proposal stating that it was not good for the Park. He wondered how they could do
that when the Business Plan was not even complete. Several Members of the Legislature responded by saying
that maybe that was the reason, that it was not complete. Legislator Larison informed the Chairman that he felt
that this was not the place for a debate of this nature.
        MOTION by Legislator Larison to go into Executive Session to discuss Property Acquisition and Labor
Negotiations, SECOND by Legislator Yuhasz. Motion carried six ayes to zero noes.
        MOTION by Legislator Yuhasz to come out of Executive Session, SECOND by Legislator Larison.
Motion carried six ayes to zero noes.
        The Meeting adjourned at 10:38 A.M.
                Stacy B. Husted, Clerk
                Sharlene A. Parker, Deputy Clerk

								
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