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					                                     PROCEEDINGS OF THE YEAR 2011                                               1
                                      ORGANIZATIONAL MEETING
                                          JANUARY 5, 2011

       The January 5, 201 Organizational Meeting of the Schuyler County Legislature was called to order at
9:00 a.m. by Stacy B. Husted, Clerk, acting as Temporary Chairman. The Pledge of Allegiance was led by
Legislator Karius and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz
who was excused. County Attorney James Coleman and County Administrator O’Hearn were also present.
The Oath of Office was administered by Linda Compton, County Clerk, to Legislators Elect, Thomas M.
Gifford and Philip C. Barnes.
PUBLIC PARTICIPATION: None.
       The Acting Chair asked for nominations from the floor for Chairman of the Legislature for the year
2011.
       MOTION by Legislator Gifford to nominate Legislator Dennis A. Fagan as Chairman, SECOND by
Legislator Karius. Acting Chair asked for other nominations and there were none. Vote: 6-0. Abstain: Fagan.
RERSOLUTION NO. 1 Motion by Larison, Second by Gifford.
RE: CLOSE NOMINATIONS - 2011 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE
       BE IT RESOLVED, that the nominations for the 2011 Chairperson of the Schuyler County Legislature
be closed.
Vote 7-0.
RESOLUTION NO. 2 Motion by Larison, Second by Field.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2011
       BE IT RESOLVED, that Dennis A. Fagan be Chairperson of the Schuyler County Legislature for the
year 2011.
Vote 7-0.
RESOLUTION NO. 3 Motion by Larison, Second by Field.
RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 2011
       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 2011, as
follows:
       Chairman                      Dennis A. Fagan
       #1 Vice-Chairman              Doris L. Karius
       #2 Vice-Chairman              Thomas M. Gifford
       #3 Vice-Chairman              Glenn R. Larison
       #4 Vice-Chairman              Michael A. Yuhasz
       #5 Vice-Chairman              Stewart F. Field, Jr.
       #6 Vice-Chairman              Barbara J. Halpin
       #7 Vice-Chairman              Philip C. Barnes
Vote 7-0.
RESOLUTION NO. 4 Motion by Larison, Second by Field.
RE: DESIGNATION OF LEGAL COUNTY NEWSPAPER
       BE IT RESOLVED, that The Watkins Review & Express weekly newspaper within Schuyler County, be
designated as the legal County paper to publish resolutions, election notices, official canvass and other notices.
Vote 7-0.
RESOLUTION NO. 5 Motion by Larison, Second by Field.
RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS
       BE IT RESOLVED, that the Depositories for Schuyler County funds be the following banks and for the
following amounts:
       HSBC
       Watkins Glen Office
       Franklin at Eight Street
       Watkins Glen, NY 14891                        $8,000,000.00
2                                  SCHUYLER COUNTY LEGISLATURE

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

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

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

        COMMUNITY BANK, N.A.
        Watkins Glen Office
        401 N. Franklin Street
        Watkins Glen, NY 14891                       $8,000,000.00
Vote 7-0.
RESOLUTION NO. 6 Motion by Larison, Second by Gifford.
RE: CONFORM TO "RULES OF PROCEDURE"
        BE IT RESOLVED, that the "Rules of Procedure", as adopted on January 13, 1992 to be effective
January 13, 1992, as amended on October 12, 1999, as amended on May 10, 2004, as amended on June 12,
2006, and as amended on January 1, 2007, be conformed to.
Vote 7-0.
RESOLUTION NO. 7 Motion by Larison, Second by Gifford.
RE: APPOINTMENT - CHIEF CORONER FOR 2011
        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 2011, at an
additional stipend of $2,500 for administrative duties to be paid quarterly at the rate of $625.00 per quarter.
Vote 7-0.
RESOLUTION NO. 8 Motion by Larison, Second by Gifford.
RE: APPOINTMENT – COUNTY HISTORIAN
        BE IT RESOLVED, that Barbara Bell be appointed as County Historian for the year 2011.
Vote 7-0.
RESOLUTION NO. 9 Motion by Larison, Second by Halpin.
RE: SCHEDULE OF SALARIES FOR 2011
        BE IT RESOLVED, that the Schedule of Salaries for 2011, as attached hereto, be adopted, effective
January 1, 2011, and
        BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County
employees according to the 2011 Salary Schedule.
Vote 7-0.
RESOLUTION NO. 10 Motion by Larison, Second by Halpin.
RE: ADOPT PURCHASING POLICIES & PROCEDURES
        BE IT RESOLVED, that the Purchasing Policies & Procedures for 2011, as attached hereto, be adopted,
effective January 1, 2011.
Vote 7-0.
DISCUSSION: The Clerk advised them that the current policy reads Thomas Gifford as Chairman and will be
changed now to reflect Chairman Dennis A. Fagan before distributed.
RESOLUTION NO. 11 Motion by Larison, Second by Halpin.
RE: DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE
                                       PROCEEDINGS OF THE YEAR 2011                                             3
        CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO
        EXCEED $1,000 FOR THE YEAR 2011 – AS AMENDED
        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 $2.500 without prior audit, as provided in Sections 554(9) and 556(8) of the RPTL for the calendar year
of 2011, 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. 12 Motion by Barnes, Second by Halpin.
RE: ACKNOWLEGE APPOINTMENT OF DEMOCRATIC DEPUTY COMMISSIONER, BOARD OF
        ELECTIONS
        WHEREAS, John Vona, Democratic Commissioner in the Board of Elections, has appointed Carolyn C.
Elkins with the endorsement of the Democratic Party for the term 2011-2012.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledge the appointment
by John Vona, Commissioner, Board of Elections of Carolyn C. Elkins as Deputy Commissioner, Board of
Elections effective January 1, 2011 through December 31, 2012 full-time, at an annual salary of $33,738.
Vote 7-0.
RESOLUTION NO. 13 Motion by Barnes, Second by Halpin.
RE: ACKNOWLEGE APPOINTMENT OF REPUBLICAN DEPUTY COMMISSIONER, BOARD OF
        ELECTIONS
        WHEREAS, Joseph Fazzary, Republican Commissioner in the Board of Elections, has appointed Cindy
L. Cady with the endorsement of the Republican Party for the term 2011-2012.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledge the appointment
by Joseph Fazzary, Commissioner, Board of Elections of Cindy L. Cady as Deputy Commissioner, Board of
Elections effective January 1, 2011 through December 31, 2012 full-time, at an annual salary of $30,900.
Vote 7-0.
PUBLIC PARTICIPATION: None.
        Legislator Larison thanked Legislator Gifford for his twelve years of services as Chairman.
                The Meeting adjourned at 9:10 a.m.
                        Stacy B. Husted, Clerk
                        Jamee L. Mack, Deputy Clerk

                                           REGULAR MEETING
                                            JANUARY 10, 2011

       The January 10, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Gifford and followed by a Moment of
Silence. All Legislators were present except Legislators Yuhasz and Barnes who were both excused. County
Attorney James Coleman was present. The County Administrator, Timothy O’Hearn was also unable to make
the meeting, as he was out of town.
4                                     SCHUYLER COUNTY LEGISLATURE
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 14 Motion by Karius, Second by Gifford.
RE: APPROVE THE MINUTES OF THE DECEMBER 29, 2010 YEAR END MEETING AND THE
        JANUARY 5, 2011 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY
        LEGISLATURE
        BE IT RESOLVED, that the minutes of the December 29, 2010 Year End Meeting and the January 5,
2011 Organizational Meeting of the Schuyler County Legislature be approved.
Vote 6-0.
RESOLUTION NO. 15 Motion by Gifford, Second by Field.
RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2011/2012 NEW YORK STATE
        VIOLENCE AGAINST WOMEN GRANT - DISTRICT ATTORNEY
        WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services
for the purpose of assisting the Schuyler County District Attorney’s Office with retaining a designated
prosecutor for violence against women, and
        WHEREAS, this Grant is estimated to be in the amount of $41,913 with no County match.
        NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County
District Attorney to submit a grant application for 2011/2012 NYS VAWA 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 $41,913 with no County match; said documents subject to approval by the Schuyler County
Attorney.
Vote 6-0.
RESOLUTION NO. 16 Motion by Gifford, Second by Field.
RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT
        LEGISLATION ALLOWING THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT
        AGENCY TO BE ABLE TO FINANCE AUTOMOBILE RACING FACILITIES
        WHEREAS, currently General Municipal Law does not allow Automobile Racing Facilities to be
eligible for financing through the Schuyler County Industrial Development Agency, and
        WHEREAS, Industrial Development Agencies in New York State are created to promote the economic
welfare, recreation opportunities and prosperity of the inhabitants of a municipality or County, and
        WHEREAS, it is the IDA’s function to actively attract and encourage development in the area in
question.
         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 General Municipal Law to
make Automobile Racing Facilities eligible for financing through the Schuyler County Industrial Development
Agency, and
         BE IT FURTHER RESOLVED, that a certified copy of this Resolution be sent to Assemblyman
Christopher S. Friend, Senator Thomas F. O’Mara, Majority and Minority Leaders and the New York State
Attorney General.
Vote 6-0.
RESOLUTION NO. 17 Motio by Gifford, Second by Field.
RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT
        LEGISLATION ALLOWING SCHUYLER COUNTY TO GRANT A PERMANENT EASEMENT AT
        SENECA HARBOR PARK TO ALLOW ACCESS TO LAKEFRONT DEVELOPMENT OF
        ADJOINING PROPERTY
        WHEREAS, Seneca Harbor Place, LLC of 4833 Willow Point Rd, Burdett, NY 14818, has advised this
Legislature that it intends to develop a thirteen million dollar, thirty seven unit housing development on lands
adjoining Seneca Harbor Park, a county park in Watkins Glen, N.Y., and
        WHEREAS, such development will be a major economic asset for the entire county and will help to
alleviate a critical housing shortage as identified in a 2008 study, and
                                         PROCEEDINGS OF THE YEAR 2011                                           5
         WHEREAS, the preferred site plan includes a small 4054 sq. ft. section of park land, of which 1582 sq.
ft. is part of the railroad right of way included in Seneca Harbor Park(map attached), and
         WHEREAS, this portion of the park is currently utilized as a parking/driveway area and this use will not
change as a result of this action, and
         WHEREAS, the aforementioned development is contingent on Seneca Harbor Place, LLC obtaining
access to their property, and
         WHEREAS, said access is only available utilizing a small portion of parkland which is already suitable
for this access with no disruption to park use or activities.
         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 grant a permanent easement of the above-described parcel to Seneca Harbor Place LLC
contingent upon satisfactory compliance with the requirements of the Office of Parks, Recreation and Historic
Preservation, and
         BE IT FURTHER RESOLVED, that a certified copy of this Resolution be sent to Assemblyman
Christopher S. Friend, Senator Thomas F. O’Mara, Majority and Minority Leaders, New York State Attorney
General, and the New York State Office of Parks, Recreation and Historic Preservation.
Vote 6-0.
RESOLUTION NO. 18 Motion by Larison, Second by Gifford.
RE: AUTHORIZE APPOINTING THE COUNTY ADMINISTRATOR TO THE REGIONAL LOCAL
         DEVELOPMENT CORPORATION
         WHEREAS, the Southern Tier Central Regional Planning Development Board has developed a regional
plan for a public open access telecommunications network that will enhance public safety, community, and
business access to broadband optical fiber telecommunications service beyond that presently available to many
parts of our county, and
         WHEREAS, the Schuyler County Legislature hereby commits that the County will support development
of and participate in the oversight of the Project, and
         WHEREAS, the LDC will have a new board with representatives from Chemung, Steuben and Schuyler
Counties.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints
County Administrator, Timothy O’Hearn, to the Regional Local Development Corporation with no term length
restrictions.
Vote 6-0.
RESOLUTION NO. 19 Motion by Larison, Second by Gifford.
RE: AUTHORIZE EXTENDING LEASE AGREEMENT WITH EASTERN COPIER FOR COPIERS IN
         LEGISLATIVE AND PUBLIC HEALTH DEPARTMENTS – PURCHASING DEPARTMENT
         WHEREAS, the current copier lease with Eastern Copier Products for Legislative & Public Health
Departments expires at a total monthly cost of $535.00 in March 2011, and
         WHEREAS, Eastern Copier Products has agreed to extend said contract until February 2012, to coincide
with the lease expiration of all other County copiers and ensure lower volume pricing, and
         WHEREAS, the cost of the copiers will be $60/month less than the current contract price and will
continue under the current County-wide maintenance agreement.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
enter into an extended lease agreement with Eastern Copier Products, at a monthly cost of $475.00; subject to
approval of the Schuyler County Attorney.
Vote 6-0.
RESOLUTION NO. 20 Motion by Larison, Second by Gifford.
RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS
         – PURCHASING
         WHEREAS various departments have items to be declared surplus or junk and
         WHEREAS there were numerous additional items that were unusable and disposed of during the County
relocations during 2009-2010,
6                                    SCHUYLER COUNTY LEGISLATURE
       NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County
Legislature hereby declares the following assets surplus or junk, and
       BE IT FURTHER RESOLVED that the following items are to be bid out, placed in storage for an
auction or disposed of.
                                                     JUNK

Asset #      Description                  Serial #               Department
3212         APC Smart UPS 429            N/A                    IT
4186         APC Backup 500               N/A                    IT
5867         Dell Optiplex GX 520         H0HVY71                IT
4298         HP DeskJet 720C              MX84C1SO7F             DSS
3930         Brother Fax Machine          C97782929              DSS
5216         Dell OptiPlex                548D721                DSS
2253         Transfer Switch              C780312755             Emer. Mgmt.
3539         Okidata Printer              GE5256K                Emer. Mgmt.
5226         Dell Optiplex GX260T         1H18B21                Purchasing
5868         Dell Computer                Unknown                Civil Service
3215         HP Printer                   SUS81QA116Y            Cty Attorney
5876         Optiplex GX20 Minitower      1B8W881                Cty Attorney
4754         Dell PowerEdge 4400 Server   17LM301                Treasurer
4384         HON Chair                    DZNCJJ                 DSS
3222         Canon Fax                                           DSS
4748         Lexmark Printer                                     DSS
1257         Paper Cutter                                        DSS
2589         IBM Typewriter                                      DSS
4070         IBM Typewriter                                      DSS
3741         Gateway Laptop                                      Real Property
4983         Imation USB & Monitor                               Real Property
0984         Safco Map Case                                      Real Property
0988         12 Unit Metal Cabinet                               Real Property
0989         12 Unit Metal Cabinet                               Real Property
0983         Cabinet, Addressograph                              Real Property
0987         Safeco Case, 5-dwr                                  Real Property
5396         Scale                                               Public Health
5152         Digital Scale                                       Public Health
3917         Oximeter Hand Pulse                                 Public Health
3950         Halogen Diagnostic Kit                              Public Health
3951         Thermo Scan                                         Public Health
3952         Digital Scale                                       Public Health
4189         Hemoglobin Photo Meter                              Public Health
3192         Hemoglobimeter                                      Public Health
5025         2) Canon Printers                                   Mental Health
3229         Modem                        A00047033620           Elections
3933         TrippLite Battery Backup     F01968776              Elections
4789         Canon Fax                                           Elections
1713         Metal Desk, 5-drawer                                Records Mgmt
4654         Table, 8x3                                          Legislature
0293         Map Cabinet                                         County Clerk
0304         B&H Microfilm Camera                                County Clerk
0003         Chair                                               Treasurer
0004         Chair                                               Treasurer
                                     PROCEEDINGS OF THE YEAR 2011                                          7
0005          Chair                                                Treasurer
0127          Portable CD ROM                                      Treasurer
1643          APC UPS Battery Backup                               Treasurer
3076          Chair                                                Treasurer
3077          3-drawer legal file cabinet                          Treasurer
3518          16-Port hub                                          Treasurer
3722          Bates numbering machine                              Treasurer
4624          APC Backup                                           Treasurer
4628          2x3 Table                                            Treasurer
5259          Desk                                                 Treasurer
              Numerous unusable desks, file cabinets, chairs, etc.
                                                SURPLUS
Asset #       Description                 Serial #                 Department
              Voting Machine Catharine 35856                       Board of Elections
              Voting Machine Catharine 30097                       Board of Elections
              Voting Machine Cayuta       35846                    Board of Elections
              Voting Machine Cayuta       25855                    Board of Elections
              Voting Machine Dix 1        131130                   Board of Elections
              Voting Machine Dix 2        167886                   Board of Elections
              Voting Machine Dix 3        167888                   Board of Elections
              Voting Machine Dix 4        167887                   Board of Elections
              Voting Machine Hector 1     35857                    Board of Elections
              Voting Machine Hector 2     35858                    Board of Elections
              Voting Machine Hector 3     35861                    Board of Elections
              Voting Machine Hector 4     35859                    Board of Elections
              Voting Machine Hector 5     35860                    Board of Elections
              Voting Machine Montour 1 169194                      Board of Elections
              Voting Machine Montour 2 173786                      Board of Elections
              Voting Machine Orange       160650                   Board of Elections
              Voting Machine Orange       35843                    Board of Elections
              Voting Machine Reading 1 33050                       Board of Elections
              Voting Machine Reading 2 33049                       Board of Elections
              Voting Machine Tyrone 1     200338                   Board of Elections
              Voting Machine Tyrone 2     200339                   Board of Elections
              Voting Machine Watkins      7108                     Board of Elections
              Glen Old High School
Vote 6-0
RESOLUTION NO. 21 Motion by Karius, Second by Larison.
RE: ACKNOWLEDGE APPOINTMENTS OF VOTING SYSTEM TECHNICIANS/CUSTODIANS –
        BOARD OF ELECTIONS
        WHEREAS, Election Law 3-302 provides for the Board of Elections to appoint as many voting system
technicians/custodians as shall be necessary for the proper preparation, repair, and maintenance of voting
equipment, and
        WHEREAS, it has been determined that the Schuyler County Board of Elections, in order to properly
prepare, test, maintain and repair voting equipment in their possession in accordance with Section 6210.2
Routine Maintenance and Testing of Voting Systems, it is necessary to appoint two(2) Republicans and two(2)
Democrats as Voting System Technicians/Custodians.
        NOW, THEREFORE, BE IT RESOLVED, that the Legislature acknowledges the appointment by the
Election Commissioners of Robert Benjamin (R), Mark P. Taylor (R), Ted Carleton (D), and Nicholas Clarke
(D) as Voting System Technicians/Custodians for the year 2011, to be compensated at an hourly rate of twenty
dollars ($20.00) for miscellaneous preparation, testing, transportation and maintenance of Voting Systems and
8                                    SCHUYLER COUNTY LEGISLATURE
equipment, and other election related duties as assigned, to be funded by the Board of Elections 2011 Budget,
and
        BE IT FURTHER RESOLVED, that Robert Benjamin will serve as Chief Technician/Custodian at a
yearly stipend of one hundred ($100.00) dollars, also to be funded by the Board of Elections budget.
Vote 6-0.
RESOLUTION NO. 22 Motion by Karius, Second by Larison.
RE: ACKNOWLEDGE APPOINTMENT AND SET REIMBURSEMENT RATES FOR SCHUYLER
        COUNTY REPUBLICAN AND DEMOCRATIC PARTY INSPECTORS – BOARD OF ELECTIONS
        WHEREAS, NYS Election Law 7-207 requires Party Inspectors representing the two (2) major political
parties to be present for the final preparation and inspection of voting systems and ballot counting machines
prior to use in an election, and
        WHEREAS, Section 5 of the above referenced law requires that Party Inspectors shall be paid for their
services an amount that shall be fixed by the Board of Elections and approved by the governing body, and
        WHEREAS, the Commissioners of Election, in compliance with HAVA legislation, have removed all
lever-type voting machines from use in elections conducted by the Board of Elections and have established new
procedures for the preparation and inspection of new electronic voting equipment no longer requiring the
inspectors to be paid per machine.
        NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature hereby acknowledge
and authorize that Democratic and Republican Party Inspectors be paid at an hourly rate of twenty dollars ($20)
to be paid from the Board of Elections budget.
Vote 6-0.
RESOLUTION NO. 23 Motion by Karius, Second by Larison.
RE: AUTHORIZE CONTRACT RENEWAL WITH FREDERICK M. CERIO, ESQ. FOR CHILD
        PROTECTIVE ATTORNEY SERVICES FOR 2011 – COUNTY ATTORNEY’S OFFICE
        WHEREAS, the Schuyler County Department of Social Services demonstrated the need for additional
assistance in the prosecuting of Abuse & Neglect cases, and
        WHEREAS, the cost of such assistance has been budgeted and approved for the year 2011 in an amount
of $10,000, and
        WHEREAS, the Department of Social Services (DSS) and the County Attorney’s Office wish to
continue the agreement with Frederick M. Cerio, Esq. so that he may provide coverage for those DSS cases
already being represented by him and extending into 2011, or conflict and overload cases that may arise in
2011, at an hourly rate of $100.00.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Frederick M. Cerio, Esq. for Child Protective Attorney Services for the County
Attorney’s Office at an hourly rate of $100.00 per hour, not to exceed $10,000.00, effective January 1, 2011
through December 31, 2011, funding available in the 2011 County Attorney budget account no. 1420.401,
subject to the approval by the Schuyler County Attorney.
Vote 6-0.
RESOLUTION NO. 24 Motion by Larison, Second by Gifford.
RE: AUTHORIZE CONTRACT WITH VENESKY & COMPANY FOR HOME CARE CONSULTING
        SERVICES – PUBLIC HEALTH
        WHEREAS, Request for Proposals (RFP) have been received relative to the sale of the County’s Certified
Home Health Agency (CHHA) Certificate of Operation, and
        WHEREAS, it is in the best interest of the County to utilize a professional firm with experience in the
healthcare industry in reviewing proposals and negotiating management agreements to finalize a sale of this asset,
and
        WHEREAS, the auditing and consulting firm of Jack Venesky, CPA has the requisite qualifications and
successful experience in doing so.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Jack Venesky, CPA for the Public Health department to draft a Management Agreement
for the sale of the CHHA Certificate of Operation in the amount of $9,500 for the purpose of reviewing the
                                      PROCEEDINGS OF THE YEAR 2011                                           9
recommended proposal and assisting with negotiating a management agreement for interim operation of the
CHHA, effective immediately, funding available in the Public Health 2011 budget, account no. 4010.490, subject
to the approval of the Schuyler County Attorney.
Vote 6-0.
RESOLUTION NO. 25 Motion by Larison, Second by Gifford.
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, 2011 through December 31,
2011, to wit:
                                   ALCOHOL AND SUBSTANCE ABUSE
                                            Mike Yuhasz, Legislature
                                          AUDITING COMMITTEE
                                         Thomas M. Gifford, Legislature
                                 Philip C. Barnes (Replacing Legislator Halpin)
                                    BARGAINING UNIT COMMITTEES
                                              County Administrator
                                            Human Resource Director
                                              Co-Chief Negotiators
                                  Committee Chair of Management & Finance
                                         CHAMBER OF COMMERCE
                                  Dennis A. Fagan, Chairman of the Legislature
           COMMUNITY HOME HEALTH CARE PROFESSIONAL ADVISORY COUNCIL
                                    James Coleman, MD – Medical Director
                                               Elizabeth Hayes, RN
                                                   Mike Yuhasz
                                Pamela Larnard – Deputy Director Mental Health
                             Marcia Kasprzyk, RN – Deputy Director Public Health
                                     Ruth Bedient, HHA – Member at Large
                                       Patty Secord – Office for the Aging
                                              Sarah Mathews – DSS
                                       John Bullett, ST – Speech Therapist
                                   Michael Sandritter, PT – Physical Therapist
                                        Linda Donelson, RN – Falls Home
                                      Camelia Oswald, RN – Public Health
                                   Jagmohan Singh, MD - Schuyler Hospital
                                                  Patricia Meyers
                                               J. Christopher Burns
                                     COMMUNITY SERVICES BOARD
                                                  Philip C. Barnes
                   EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE
                                  Dennis A. Fagan, Chairman of the Legislature
         FINGER LAKES RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC.
                                     Glenn R. Larison, Legislature Alternate
                         Timothy Hicks, Watershed Inspector, Legislative Representative
                                            FIRE SAFETY BOARD
                                           Philip C. Barnes, Legislator
                                      Larry States/Bill Mullaney, Monterey
                                   Jud Smith/Dominick Smith, Watkins Glen
                               Don Dalrymple/Mike Hicks. Valois, Logan, Hector
                                        Al Buckland/Emery Kelly, Tyrone
                                        Mike Tomassi/John Jelliff, Odessa
10                          SCHUYLER COUNTY LEGISLATURE
                      Tom Carson/Jason Hudson/ Jake Burns, Montour Falls
                             Brian Gunning/Al Foote, Mecklenburg
                               Curt Connelly/Jason Kelly, Burdett
                                   Tim Husdon, Beaver Dams
                        FISH & WILDLIFE MANAGEMENT BOARD
                                  Philip C. Barnes, Legislature
                 INTER-COUNTY ASSOCIATION OF WESTERN NEW YORK
                          Dennis A Fagan, Chairman of the Legislature
                                  Glenn. R. Larison, Legislator
                                     Stacy B. Husted, Clerk
                           LABOR MANAGEMENT COMMITTEE
                          Dennis A. Fagan, Chairman of the Legislature
                LOCAL EARLY INTERVENTION COORDINATING COUNCIL
                             Nan Woodworth Shaw, WGCS District
                                   Lisa Crouch, Schuyler ARC
                                      Erik Miller, Provider
                                Beverly Clickner, Social Services
                                 Pamela Larnard, Mental Health
                                       Jill Wendela, EIM
                                    Nancy St. Julien, Parent
                                      Kim Seaman, Parent
                    Marcia Kazprzyk, Early Intervention Official, Public Health
                        JoAnn Fratarcangelo, Youth Bureau/Families First
                                  Michael Yuhasz, Legislature
                                   Patricia Hurld, NYS DOH
                                Kathy Ector, Child Care Council
                           LAMOKA WANETA LAKES DISTRICT
                                Stewart F. Field, Jr., Legislature
                     OFFICE FOR THE AGING ADVISORY COUNCIL
                          Dennis A. Fagan, Chairman of the Legislature
                                            SCOPED
                          Dennis A. Fagan, Chairman of the Legislature
                                  Stewart F. Field, Legislature
             PEOPLE WITH DEVELOPMENTAL DISABILITIES SUBCOMMITTEE
                                         Michael Yuhaz
                                 PLANNING COMMISSION
                              Clara Tryon, Industry Representative
                                PROFESSIONAL ADVISORY
                          Dennis A. Fagan, Chairman of the Legislature
                                          Mike Yuhasz
                       SOIL AND WATER CONSERVATION BOARD
                                  Glenn R. Larison, Legislature
                                  Doris L. Karius, Legislature
                SOUTHERN TIER CENTRAL REGIONAL PLANNING BOARD
                                        Dennis A. Fagan
                                       Thomas M. Gifford
                                          Tim O’Hearn
                                       YOUTH BOARD
                                      Erik Ellison – Youth
Vote 6-0.
RESOLUTION NO. 26 Motion by Larison, Second by Gifford.
                                    PROCEEDINGS OF THE YEAR 2011                                        11
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, 2011 through December 31,
2012, to wit:
                       AGRICULTURAL & FARMLAND PROTECTION BOARD
                                              Daniel Teed, Farmer
                            ENVIRONMENTAL MANAGEMENT COUNCIL
                                          Doris L. Karius, Legislator
                                      John M. Flowers, Member at Large
                                     Kate Bartholomew, Member at Large
                                       Jeanne Fudala, Member at Large
                                    Frank Spena, Village of Watkins Glen
                                     Edward Gates, Farm Representative
                                        Marie Stevens, Town of Hector
                                      Roxanne Leyes, Town of Catharine
                                             Tim Hicks, Watershed
                                  Jerry Verrigni, Soil & Water Conservation
                              FISH & WILDLIFE MANAGEMENT BOARD
                                                Barlow Rhodes
                                 LABOR MANAGEMENT COMMITTEE
                                             County Administrator
                                          Human Resources Director
                                               LAW LIBRARY
                                                Michael Yuhasz
                           OFFICE FOR THE AGING ADVISORY COUNCIL
                                         Paul Marx, Catholic Charities
                                      Beverley Clickner. Social Services
                                               Marge Arcangeli
                                               Barbara Berghoff
                                             Camelia Oswald, RN
                                              Christopher Sulkey
                                                Robert Burnside
                                                  Philip Smith
                                                Emily Grimmke
                                        PLANNING COMMISSION
                                          John Wickham, Agriculture
                                        Rita Schreiber, Town of Orange
                                             James Kuehl, Medical
                                         Mike Bergen, Town of Hector
                                        DeborahCox, Town of Montour
                                   James Adesso, Village of Watkins Glen
                                      Richard Owlett, Town of Catharine
                            QUEEN CATHARINE STEERING COMMITTEE
                                                Philip C. Barnes
Vote 6-0.
RESOLUTIION NO. 27 Motion by Larison, Second by Gifford.
RE: TWO-YEAR APPOINTMENTS NON-CALENDAR YEAR
        BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following
individuals to the below board, committee, agency, for the term November 1, 2010 through October 31, 2012,
to wit:
12                                SCHUYLER COUNTY LEGISLATURE
                                  WORKFORCE DEVELOPMENT BOARD
                                   Troy Preston, Schuyler Hospital, HR Director
                                   Tim O’Hearn, Schuyler County Administrator
Vote 6-0.
RESOLUTION NO. 28 Motion by Larison, Second by Gifford.
RE: THREE-YEAR APPOINTMENTS NON-CALENDAR YEAR
        BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following
individuals to the below board, committee, agency, for the term November 1, 2010 through October 31, 2013,
to wit:
                                   WORKFORCE DEVELOPMENT BOARD
                                              Kelsey Jones, SCOPED
Vote 6-0.
RESOLUTION NO. 29 motion by Larison, Second by Gifford.
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, 2011 through December 31,
2013, to wit:
               SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY – SCIDA
                                               Kevin Murphy
                                               Richard Owlett
                             SOIL AND WATER CONSERVATION BOARD
                                             Anthony Specchio
                                             YOUTH BOARD
                                    Rebecca Bacon, Sheriff’s Department
                                     Chris Rosno, Probation Department
                                    Melissa Schroeder, Member at Large
                                    Heather Wyncoop-Beacher, District I
Vote 6-0.
RESOLUTION NO. 30 Motion by Larison, Second by Gifford.
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, 2011 through December 31,
2014, to wit:
                                   COMMUNITY SERVICES BOARD
                                                Tamre Waite
                                            JoAnn Fratarcangelo
                                               Steven Rogers
                                             Dr. Sarra Solomon
                                 MENTAL HEALTH SUBCOMMITTEES
                                               Edward Lovell
Vote 6-0.
RESOLUTION NO. 31 Motion by Larison, Second by Gifford.
RE: APPOINTMENTS TO BOARDS WITH NO TERMS
        BE IT RESOLVED, that the following individuals be appointed to the following boards effective
January 1, 2011:
                                     COUNCIL OF GOVERNMENTS
                                 Dennis A. Fagan, Chairman of the Legislature
                            CRIMINAL JUSTICE ADVISORY COMMITTEE
                                 Dennis A. Fagan, Chairman of the Legislature
                            HEALTH INSURANCE REVIEW COMMITTEE
                                       Thomas M. Gifford, Legislature
                              PROCEEDINGS OF THE YEAR 2011                                                  13
                    INFORMATION TECHNOLOGY ADVISORY COMMITTEE
                                Thomas M. Gifford, Legislature
                        LOCAL EMERGENCY PLANNING COMMITTEE
                               Dennis A. Fagan, Elected Official
                            RECORDS MANAGEMENT BOARD
                                 Dennis A. Fagan, Legislature
                   SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT (SCIDA)
                                Thomas M. Gifford, Legislature
                         SCHUYLER COUNTY SAFETY COMMITTEE
                                Loren Cottrell, Member at Large
Vote 6-0.
RESOLUTION NO. 32 Motion by Larison, Second by Gifford.
RE: MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR
        BE IT RESOLVED, that two (2) additional Resolutions be brought to the floor.
Vote 6-0.
RESOLUTION NO. 33 Motion by Larison, Second by Field.
RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED 2011 TOWN OF CATHARINE
        TAX ROLL – 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 parcels 68.17-2-1, 68.17-2-2 & 68.17-2-3 owned by the
State of New York in the Town of Catharine, and
        WHEREAS, the properties were acquired by the state and are therefore exempt from taxation pursuant
to RPTL Section 404, and
        WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances
of the alleged error and found that it constitutes an unlawful assessment as defined in RPTL Section 550(7)(a),
and
        WHEREAS, it is the recommendation of the Director to approve the application.
        NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved, and
        BE IT FURTHER RESOLVED, that the 2011 tax roll and warrant be adjusted to reflect a current
amount due of zero as outlined below, and
        BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to make the appropriate
chargebacks to the Town of Catharine, and
        BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town
of Catharine.
 Parcel                                                Bill #        2011 Amount Due Corrected Amount Due
 68.17-2-1                                             1070          $1,938.44                  $0
 68.17-2-2                                             1071          $1,033.43                  $0
 68.17-2-3                                             1072          $1,107.25                  $0
Vote 6-0.
RESOLUTION NO. 34 Motion by Larison, Second by Field.
RE: AUTHORIZE AMENDING THE 2011 SALARY SCHEDULE
        WHEREAS, several salary steps for the Schuyler County Road Patrol Association employees were
erroneously omitted from the adopted 2011 Salary Schedule.
        NOW, THEREFORE, BE IT RESOLVED, that the Schedule of Salaries for 2011, as on file, is amended
effective January 1, 2011.
Vote 6-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES: None.
COUNTY ADMINISTRATOR’S REPORT: None, not present.
PUBLIC PARTICIPATION: None.
14                                SCHUYLER COUNTY LEGISLATURE
       The Meeting adjourned at 6:38 p.m.
             Stacy B. Husted, Clerk
             Jamee L. Mack, Deputy Clerk

                                           REGULAR MEETING
                                            FEBRUARY 14, 2011

       The February 14, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of
Silence. All Legislators were present except Legislator Yuhasz who was excused. County Attorney James
Coleman and the County Administrator Timothy O’Hearn were also present.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 35 Motion by Karius, Second by Gifford.
RE: APPROVE THE MINUTES OF THE JANUARY 10, 2011 REGULAR MEETING OF THE
       SCHUYLER COUNTY LEGISLATURE
       BE IT RESOLVED, that the minutes of the January 10, 2011 Regular Meeting of the Schuyler County
Legislature be approved.
Vote 7-0.
RESOLUTION NO. 36 Motion by Barnes, Second by Field.
RE: AUTHORIZE GRANT APPLICATION FOR 2010 FIRE PREVENTION AND SAFETY GRANT –
       EMERGENCY MANAGEMENT
       WHEREAS, the Department of Homeland Security has offered a competitive grant, under the
Assistance to Firefighters Grants (AFG) program, and
       WHEREAS, the Emergency Management Office wishes to apply for a Fire Prevention and Safety Grant
(FP&S), up to approximately $100,000.00 to support the Fire Investigation Team and Fire Prevention program.
       NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all documents relative to the 2010 Fire Prevention and Safety Grant; subject to the approval of the
Schuyler County Attorney.
Vote 7-0.
RESOLUTION NO. 37 Motion by Barnes, Second by Field.
RE: AUTHORIZE LEASE AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR TWO (2)
       NEW VEHICLES – SHERIFF’S OFFICE
       WHEREAS, money has been appropriated to lease new vehicles for the Sheriff’s Office, and
       WHEREAS, such lease has been obtainable through the State bidding procedure.
       NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a three-year lease agreement with Ford Motor Credit Company for the Sheriff’s Department for two (2)
2010 Dodge Chargers, through the State leasing procedure in the total amount of $15,790.77 annually, funding
available in each budget year account no. 3110.204; and two (2) light bars in a total amount of $995.68
annually, funding available in each budget year account no. 3110.444; subject to approval of the Schuyler
County Attorney.
Vote 7-0.
RESOLUTION NO. 38 Motion Barnes, Second by Field.
RE: AUTHORIZE THE CREATION AND FILLING OF TWO (2) PART-TIME TRANSPORT AIDE –
       FEMALE POSITIONS – SHERIFF’S OFFICE
       WHEREAS, there has been an increase in female transports, for corrections and mental health issues,
and
       WHEREAS, there is a need to create two (2) new part-time transport aide positions, and
       WHEREAS, the Sheriff’s Office is requesting to create these positions, upon the approval of the County
Administrator, and
       WHEREAS, these positions are on an as needed, call in basis, and funding is available in the 2011
budget for these positions.
                                       PROCEEDINGS OF THE YEAR 2011                                           15
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to
create and fill two (2) Transport Aide-Female positions for the Schuyler County Jail effective immediately at an
hourly rate of $13.3116, as set forth in the Schuyler County Correction Officer’s Benevolent Association Union
Contract.
Vote 7-0.
RESOLUTION NO. 39 Motion by Halpin, Second by Gifford.
RE: APPROVE ALTERNATIVES TO INCARCERATION SERVICE PLAN FOR 2011 - PROBATION
        DEPARTMENT
        WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for
2011, 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 2011 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 shall submit the same to the
New York State Division of Probation and Correctional Alternatives for final approval.
Vote 7-0.
RESOLUTION NO. 40 Motion by Halpin, Second by Gifford.
RE: AUTHORIZE CONTRIBUTING $1,000 TOWARDS A REGIONAL TRANSPORTATION STUDY
        FOR A MOBILITY PLAN INCLUDING TOMPKINS COUNTY AND SURROUNDING COUNTIES
        WHEREAS, there is a need to provide transportation options that facilitate movement of people in the
multicounty area surrounding Tompkins County – Tioga, Schuyler, Seneca, Cayuga, Cortland, Broome, and
Chemung Counties – for all trip purposes, and
        WHEREAS, the Ithaca-Tompkins County Transportation Council is in the process of applying for a
Regional Transportation Study for a Mobility Plan to cover said areas, and
        WHEREAS, Schuyler County has been approached to be included in this plan by committing a local
share cost of $1,000 contributing toward part of the $50,000 local share of a $250,000 project, and
        WHEREAS, said project is funded by Federal Surface Transportation program flexible funds and is
included in the Ithaca-Tompkins County Transportation Council’s 5-year 2011-2015 Transportation
Improvement Program (www.tompkins-co.org/itctc).
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby commits $1,000
to the Regional Transportation Study, to be funded from account no. 5630.400-Transporatation.
Vote 7-0.
RESOLUTION NO. 41 Motion by Halpin, Second by Gifford.
RE: AUTHORIZE GRANT APPLICATION FOR SCHUYLER COUNTY UNITED WAY FOR THE
        FAMILY PLAY & RESOURCE CENTER – YOUTH BUREAU
        WHEREAS, the Youth Bureau is the umbrella department for the Family Play and Resource Center
program, and
        WHEREAS, funding is needed for contracting for continued program development, oversight and
maintenance, and
        WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and
        WHEREAS, 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 7-0.
RESOLUTION NO. 42 Motion by Halpin, Second by Gifford.
RE: AUTHORIZE CONTRACT WITH HARMONY INFORMATION SYSTEMS, INC. FOR THE
        COLLECTION OF AND USE IN REPORTING OF CLIENT SERVICE DATA – OFFICE FOR THE
        AGING AND INFORMATION TECHNOLOGY
16                                   SCHUYLER COUNTY LEGISLATURE
        WHEREAS, the New York State Office for the Aging (NYSOFA) has mandated that various records
that are required to be maintained in the provision of services by this Office be electronically compiled, stored,
and transmitted in certain electronic format, and
        WHEREAS, the software package to be used and that is highly encouraged by NYSOFA is SAMS
(Social Assistance & Management System) which is manufactured, sold, and serviced by Harmony, and
        WHEREAS, this Office has purchased SAMS which has been in use in this Office since 2005, and
        WHEREAS, software needs are incorporated into the Central Data Processing budget, and
        WHEREAS, there is money available in the 2011 Central Data Processing budget account 1680.0400 for
said project.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign any and all contracts and agreements with Harmony Information Systems, Inc. to provide the necessary
user licenses and implement software products to procure related services in the amount of $4,763.00 for the
term of February 1, 2011 through January 31, 2012, said contract subject to approval of the Schuyler County
Attorney.
Vote7-0.
RESOLUTION NO. 43 Motion by Halpin, Second by Gifford.
RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING FOR
        THE NY CONNECTS PROGRAM YEAR FIVE – OFFICE FOR THE AGING AND DEPARTMENT
        OF SOCIAL SERVICES
        WHEREAS, Schuyler County has a NY Connects program as a component of Families First, and
        WHEREAS, NY Connects is a program for individuals with long term care or chronic healthcare issues
from birth to death which provides information, assistance and referrals, and
        WHEREAS, Families First/NY Connects is a collaborative effort between the Youth Bureau, Office for
the Aging, Public Health and the Department of Social Services, and
        WHEREAS, the State of New York acting through the New York State Office for the Aging implements
the program with the Schuyler County Office for the Aging as the liaison and the Department of Social Services
as the conduit for the funding.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign any and all agreements with the New York State Office for the Aging for the continuation of the NY
Connects program from October 1, 2010 through September 30, 2011, for the allocated amount of $45,734, said
agreement subject to approval of the Schuyler County Attorney.
Vote 7-0.
RESOLUTION NO. 44 Motion by Halpin, Second by Gifford.
RE: AUTHORIZE AGREEMENT WITH CORNELL COOPERATIVE EXTENSION OF SCHUYLER
        COUNTY (CCE) FOR SENIOR CAMP SERVICES FOR 2011 – OFFICE FOR THE AGING
        WHEREAS, a plan has been developed by the Schuyler County Office for the Aging (OFA) and the
Cornell Cooperative Extension of Schuyler County (CCE) to jointly host a senior camp during the summer of
2011 at the Hidden Valley 4-H Camp, and
        WHEREAS, the CCE has a contract with the NYS Parks and Recreation for use of said camp, and
        WHEREAS, the CCE has agreed to provide one weekend devoted to a senior camp, and
        WHEREAS, the CCE will charge a flat fee of $2,500 to include buildings and grounds usage, meals and
staffing, and
        WHEREAS, the OFA has the funds to cover such an expense under the Senior Recreation services
covered under the State funded Community Services Initiative (CSI) program, and
        WHEREAS, the OFA will charge a registration fee and seek sponsorship as well as other donations to
help cover costs associated with the camp.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign any and all contracts and agreements with the Cornell Cooperative Extension of Schuyler County to
provide the location for a weekend Senior Camp in conjunction with the Schuyler County Office for the Aging
through the budget account no. 6772.0401 for the term of January 1, 2011 through December 31, 2011, said
contract subject to approval of the Schuyler County Attorney.
                                     PROCEEDINGS OF THE YEAR 2011                                            17
Vote 7-0.
RESOLUTION NO. 45 Motion by Halpin, Second by Field.
RE: AUTHORIZE AGREEMENT WITH ROGER PIKE OF FINGER LAKES CONTRACTING - OFFICE
        FOR THE AGING
        WHEREAS, the Schuyler County Office for the Aging, as part of its mission under the EISEP,
Caregiver and WRAP programs, provides repairs, removal of architectural barriers, maintenance of appliances,
installation of health and safety related items and modifications to a client’s living environment, and
        WHEREAS, the Schuyler County Office for the Aging has monies under each funding stream related to
these specific needs, and
        WHEREAS, Contractor, Roger Pike of Finger Lakes Contracting, has agreed to provide services within
his areas of expertise, and
        WHEREAS, the cost of services includes supplies, labor at a rate of $15.00 per hour and mileage at the
County reimbursement rate, and
        WHEREAS, in keeping with the practice of requesting donations for services rendered by the Office for
the Aging, the cost of the services could be minimized or covered by the donations requested and collected from
participants.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign any and all contracts and agreements with Roger Pike of Finger Lakes Contracting for the purpose of
providing home repairs, modifications and installations for EISEP, Caregiver and WRAP clients as identified
and approved by the Schuyler County Office for the Aging through the OFA budget account no. 6772.0401 for
the term of January 1, 2011 through December 31, 2011, said contract subject to approval of the Schuyler
County Attorney.
Vote 7-0.
RESOLUTION NO. 46 Motion by Halpin, Second by Field.
RE: AUTHORIZE AMENDING THE 2010 CONTRACT WITH THE COUNCIL ON ALCOHOLISM
        AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES – COMMUNITY
        SERVICES
        WHEREAS, the Community Services Department has a contract with the Council on Alcoholism and
Other Chemical Dependencies of the Finger Lakes (Council on Alcoholism) for 2010 in the amount of
$199,306, and
        WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has
issued a revised State Aide letter, increasing funding to the Council on Alcoholism by $5,046.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
execute a contract amendment with the Council on Alcoholism for alcoholism and substance abuse prevention
services in the amount not to exceed $204,352 for the term January 1, 2010 through December 31, 2010,
funding available in the 2010 budget with no local share effect, subject to the approval of the County Attorney.
Vote 7-0.
RESOLUTION NO. 47 Motion by Halpin, Second by Field.
RE: AUTHORIZE AGREEMENT WITH NATIONAL ASSOCIATION OF COUNTY AND CITY HEALTH
        OFFICIALS (NACCHO) – PUBLIC HEALTH
        WHEREAS, National Association of County & City Health Officials (NACCHO) has received a grant
from the Department of Health and Human Services (Grant Number: IMRCSG101005-01, CFDA Number:
93.008) (the “Grant”) to build the capacity of local Medical Reserve Corps (“MRC”) units, and
        WHEREAS, pursuant to the terms of the Grant, NACCHO has agreed, among other things, to provide
support to MRC units and to encourage these units to provide certain information to the Office of the Surgeon
General’s Office of the Civilian Volunteer Medical Reserve Corps (“OSG/OCVMRC”), and
        WHEREAS, Public Health is itself an MRC unit that is registered in good standing with the
OSG/OCVMRC, and
        WHEREAS, pursuant to the terms of the Grant, NACCHO desires to provide funding to Public Health
in exchange for Public Health agreeing, among other things, to undertake the activities indicated in their
18                                    SCHUYLER COUNTY LEGISLATURE
capacity building application or oversee such activities and to provide certain information to the
OSG/OCVMRC.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature by hereby authorized to
sign any and all documents with NACCHO for the Public Health Department for services for the term January
5, 2011 through July 31, 2011, subject to the approval of the Schuyler County Attorney.
Vote 7-0.
RESOLUTION NO. 48 Motion by Barnes, Second Halpin.
RE: ACCEPT AND ESTABLISH THE LEAD POISONING PREVENTION GRANT – PUBLIC HEALTH
         WHEREAS, the Schuyler County’s annual Lead Poisoning Prevention Grant will be in the amount of
$23,732, and
         WHEREAS, said grant is for the period October 1, 2010 through September 30, 2011.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
establish the 2011 Lead Grant Budget, and
         BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and
all documents relative to the grant, subject to the approval of the Schuyler County Attorney.
Vote 7-0.
RESOLUTION NO. 49 Motion by Barnes, Second by Halpin.
RE: AUTHORIZE SALE OF SCHUYLER COUNTY CERTIFIED HOME HEALTH AGENCY (CHHA)
         WHEREAS, Schuyler County currently operates a certified home health agency (CHHA) under Article
36 of the New York Public Health Law in Schuyler County, and
         WHEREAS, Schuyler County in recent years has experienced difficulty in providing staffing and
maintaining service levels of its CHHA, and
         WHEREAS, in the interest of improving upon the aforementioned deficiencies, Schuyler County intends
to sell its business in the future and by Resolution No. 268 of 2010 was authorized to Request Proposals from
qualified bidders to acquire certain assets comprising the CHHA , and
         WHEREAS, Genesee Region Home Care Association, Inc.(GRHC) has submitted a satisfactory
proposal and has the necessary personnel, facilities and ability to provide improved services to Schuyler County
in connection with the Agency’s Article 36 operations.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
sale of the CHHA and transfer of its Operating Certificate to Genesee Region Home Care Association, Inc.
(GRHC), pursuant to the terms outlined in GRHC proposal, and subject to final negotiation of terms and
conditions, and
         BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorize to sign any and
all documents relative to the sale, subject to the approval by the Schuyler County Attorney.
Vote 7-0.
RESOLUTION NO. 50 Motion by Barnes, Second by Halpin.
RE: AUTHORIZE MANAGEMENT AND ADMINISTRATIVE SERVICES AGREEMENT WITH
         GENESEE REGION HOME CARE ASSOCIATION, INC. (GRHC) - PUBLIC HEALTH
         WHEREAS, Schuyler County Department of Public Health (the “Agency”) operates a certified home
health agency under Article 36 of the New York Public Health Law in Schuyler County, and
         WHEREAS, Genesee Region Home Care Association, Inc.(GRHC) operates a certified home health
agency under Article 36 of the New York Public Health Law, and
         WHEREAS, Schuyler County intends to sell its business in the future and desires to purchase certain
management and administrative services from GRHC for the purpose of managing the day to day operation of
the Agency until such sale is completed, and
         WHEREAS, GRHC has the necessary personnel, facilities and ability to provide said management and
administrative services to Schuyler County in connection with the Agency’s Article 36 operations.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign a Management and Administrative Services Agreement with GRHC, effective upon signing, subject to
final negotiation of terms and conditions and approval by the Schuyler County Attorney.
Vote 7-0.
                                      PROCEEDINGS OF THE YEAR 2011                                          19
RESOLUTION NO. 51 Motion by Karius, Second by Halpin.
RE: AUTHORIZATION TO SUBMIT APPLICATION FOR HOME CARE LICENSURE – PUBLIC
         HEALTH
         WHEREAS, Public Health Department will be selling the Certified Home Health Agency operating
certificate, and
         WHEREAS, the Public Health Department will be required to become a Licensed Home Care Services
Agency in order to operate its Public Health programs; and
         WHEREAS, the buyer’s Certificate of Need Application will not be approved until the Public Health
Department is approved as a Licensed Home Care Services Agency; and
         WHEREAS, County Legislative approval is required to submit the application to the NYS Department of
Health.
         NOW, THEREFORE, BE IT RESOLVED, the Public Health Department is authorized to complete and
submit an application to become a Licensed Home Care Services Agency and that the Chairman of the Legislature
is hereby authorized to sign any and all documents relative to the application, subject to the approval of the
Schuyler County Attorney.
Vote 7-0.
RESOLUTION NO. 52 Motion by Karius, Second by Halpin.
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 the cost of medical transportation, and
         WHEREAS, the Internal Revenue Service’s deductible cost of operating an automobile (includes vans,
pickup trucks and panel trucks) for medical purposes in 2011 is $0.19 per mile, and
         WHEREAS, the Department wishes to update its medical transportation policy.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be
hereby authorized to reimburse mileage for Medicaid recipients with prior approval at a rate of $0.19 per mile
effective January 1, 2011, funding included in the Department of Social Services’ 2011 budget, account no.
6010.395.
Vote 7-0.
RESOLUTION NO. 53 Motion by Karius, Second by Halpin.
RE: AUTHORIZE ADDENDUM WITH AULT INTERNATIONAL MEDICAL MANAGEMENT
         (AIMM), LLC – HUMAN RESOURCES
         WHEREAS, the County no longer needs medical management services now that it no longer self funds
its health insurance, and
         WHEREAS, the County entered into a 3-year agreement with AIMM with a termination clause which
did not anticipate switching health insurance plans, and
         WHEREAS, AIMM has offered to shorten the 3-year agreement to 2-years, however the scope of
services will change from a pre-certification program to a disease management program, and
         WHEREAS, it is the recommendation of the Human Resources Director and County Administrator that
the County enter into this agreement addendum.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an addendum to the current agreement with AIMM as noted above, with no change in cost, for the
calendar year 2011; funding available in health insurance account no. 001.9060.807; subject to the approval of
the Schuyler County Attorney.
Vote 7-0.
RESOLUTION NO. 54 Motion by Gifford, Second by Field.
RE: ADOPT PLANS AND POLICIES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
         (CDBG) RELATIVE TO THE WATER AND SEPTIC REPLACEMENT PROGRAM
         WHEREAS, the County of Schuyler has received a Community Development Block Grant (CDBG),
and
20                                    SCHUYLER COUNTY LEGISLATURE
        WHEREAS, grant regulations require that the County adopt certain plans and policy as well as make
certain appointments.
        NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler hereby adopts the following
plans and policy, copies of which are attached hereto:
     Fair Housing Plan
     Relocation and Anti-Displacement Plan
     Policy Regarding Civil Rights Demonstrations
     Policy Regarding Drug-Free Workplace
                                 SCHUYLER COUNTY FAIR HOUSING PLAN
        Schuyler County endeavors to undertake its Community Development Block Grant Program in full
compliance with all Fair Housing Laws including, but not limited to, Title VI of the Civil Rights Act of 964
(Public Law 88-352, 42 USC 2000d) and The Fair Housing Act (Public Law 90-284, 42 USC 3601-20).
        Upon a complaint by a member of the public or by his/her own authority, the Fair Housing Officer is
empowered to investigate any complaints regarding violation of any aspect of any Fair Housing Law. The Fair
Housing Office is authorized to allow the U.S. Department of Housing and Urban Development or any other
government agency to assist with any investigation.
        If the Fair Housing Officer finds that there is a violation of fair Housing Law, the Fair Housing Officer
may take appropriate corrective measures after informing the County Legislature of the findings.
                  SCHUYLER COUNTY RELOCATION AND ANTI-DISPLACEMENT PLAN
        Schuyler County does not believe it will temporarily or permanently dislocate or displace any residents
who are being assisted under the program. In the unlikely event that it does have to dislocate or displace any
residents, it will attempt to minimize such displacement and it will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (24
CFR 570.606(c)) governing the residential anti-displacement and relocation assistance and the relocation
requirements of 24 CFR 570.606(d) governing optional relocation assistance under section 105 (a)(11) of the
Act.
             SCHUYLER COUNTY POLICY REGARDING CIVIL RIGHTS DEMONSTRATIONS
        It is the policy of Schuyler County to prohibit law enforcement agencies within its jurisdiction from
using excessive force against any individuals engaged in non-violent civil rights demonstrations.
        It is the policy of Schuyler County to enforce applicable State and local laws against physically barring
entrance to, or exit from, any facility or location which is the subject of non-violent civil rights demonstrations
within its jurisdiction.
  AUTHORIZE AMENDMENT TO THE DRUG-FREE WORKPLACE POLICY FOR THE PURPOSES OF
     THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR THE WATER AND SEPTIC
                                               SYSTEMS PROJECT
        Schuyler County’s and Cornell Cooperative Extension’s Drug-Free Workplace Policies are acceptable
for the Community Development Block Grant (CDBG) relative to the Water and Septic Replacement Program,
with the inclusion of adding current workplaces to it, specifically the Watershed Protection Agency and the
Human Services Complex, as well as adding notification requirements.
The Place of Performance of this grant is:
        Schuyler County Office Building
        105 9th Street
        Watkins Glen, NY 14891

       Schuyler County Watershed Protection Agency
       910 South Decatur Street
       Watkins Glen, NY 14891

       Human Services Complex
       323 Owego Street, Unit 5
                                      PROCEEDINGS OF THE YEAR 2011                                              21
        Montour Falls, NY 14865
        Schuyler County must notify the OCR in writing, within ten calendar days after receiving notice that an
employee that falls under the auspices of the CDBG has been convicted of any criminal drug violation
occurring in the workplace, no later than five days after such conviction. Employers of convicted employees
must provide notice, including position title, to every grant officer or other designee of whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point for the receipt of
such notices. Notice shall include the identification number(s) of each affected grant.
        Schuyler County, within 30 calendar days of receiving notice of any employee who is so convicted shall
take appropriate personnel action against such employee, up to and including termination consistent with the
requirements of the Rehabilitation Act of 1973 as amended, or require such employee to participate
satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal, State
or local health, law enforcement or other appropriate agency.
Vote 7-0.
RESOLUTION NO. 55 Motion by Gifford, Second by Field.
RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED 2011 TOWN OF HECTOR TAX
        ROLL – 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 parcel 2.13-1-54 owned by Winters in the Town of
 Hector, and
        WHEREAS, the assessor has certified that the property owner applied for and should have been eligible
to receive an aged exemption pursuant to RPTL Section 467, and
        WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances
of the alleged error and found that it constitutes a clerical error as defined in RPTL Section 550(2)(c), and
        WHEREAS, it is the recommendation of the Director and the Management & Finance Committee to
approve the application.
        NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and
        BE IT FURTHER RESOLVED, that the 2011 tax roll and warrant be adjusted to reflect a current
amount due of $2,962.63 as outlined below, and
        BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to make the appropriate
chargebacks to the Town of Hector, and
        BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town
of Hector.
Parcel                 Bill #           2011 Amount Due                 Corrected Amount Due
2.13-1-54              434              $5,368.19                       $2,962.63
Vote 7-0.
RESOLUTION NO. 56 Motion by Gifford, Second by Field.
RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED 2011 TOWN OF DIX TAX
        ROLL – 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 parcel 64.00-3-8.114 owned by Wickham in the Town of
Dix, and
        WHEREAS, the house located on that property burned prior to taxable status date, 2010, and
        WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances
of the alleged error and found that it constitutes an error in essential fact as defined in RPTL Section 550(3)(a),
and
        WHEREAS, it is the recommendation of the Director and the Management & Finance Committee to
approve the application.
        NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and
        BE IT FURTHER RESOLVED, that the 2011 tax roll and warrant be adjusted to reflect a current
amount due of $222.96 as outlined below, and
        BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to make the appropriate
22                                    SCHUYLER COUNTY LEGISLATURE
chargebacks to the Town of Dix, and
        BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town
of Dix.
Parcel                  Bill #          2011 Amount Due         Corrected Amount Due
64.00-3-8.114           922             $1,886.18               $222.96
Vote 7-0.
RESOLUTION NO. 57 Motion by Gifford, Second by Halpin.
RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED 2011 TOWN OF READING TAX
        ROLL – 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 parcel 52.00-1-40.1 owned by Diliberto in the Town of
Reading, and
        WHEREAS, the 2011 tax bill includes the relevy of a previously paid school tax, and
        WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances
of the alleged error and found that it constitutes a clerical error as defined in RPTL Section 550(2)(h), and
        WHEREAS, it is the recommendation of the Director to approve the application.
        NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and
        BE IT FURTHER RESOLVED, that the 2011 tax roll and warrant be adjusted to reflect a current
amount due of $1,466.97 as outlined below, and
        BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to make the appropriate
chargeback to the Watkins Glen School District, and
        BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town
of Reading.
Parcel           Bill #        2011 Amount Due                  Corrected Amount Due
52.00-1-40.1 869               $2,632.80                        $1,466.97
Vote 7-0.
RESOLUTION NO. 58 Motion by Gifford, Second by Halpin.
RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO RENEW THE
        ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF
        THE MUNICIPAL HOME RULE LAW
        WHEREAS, Schuyler County was authorized, by State legislation, to increase sales tax by 1% effective
March 1, 2000, and
        WHEREAS, this authorization needs to be renewed every two years, and the current authorization will
expire at the end of 2011, and
        WHEREAS, the New York State Legislature could authorize the Schuyler County Legislature to
continue to impose an additional 1% sales tax for another two-year period.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the
New York State Legislature to adopt special legislation to amend such laws, including the New York State Tax
Law, to authorize the Schuyler County Legislature to continue to impose an additional 1% sales tax for the
years 2012-2013, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York
State Senator Thomas F. O’Mara, New York State Assemblyman Christopher S. Friend and to the Majority and
Minority Leaders of the New York State Senate and Assembly.
Vote 7-0.
RESOLUTION NO. 59 Motion by Gifford, Second by Halpin.
RE: SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE”
        AND AUCTIONEER AGREEMENT – TREASURER’S OFFICE
        WHEREAS, final Judgment of Foreclosure in the pending tax foreclosure proceeding has been received
by the County Attorney’s Office pursuant to Article 11 of the Real Property Tax Law, and
        WHEREAS, it is necessary to set a tax auction sale date in advance thereof, and
                                       PROCEEDINGS OF THE YEAR 2011                                             23
        WHEREAS, the Schuyler County Treasurer is the enforcing officer responsible for carrying out a
foreclosure sale.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer has set Saturday, March
19, 2011as a tax auction sale date, and
        BE IT FURTHER RESOLVED, that the Chairman of this Legislature or his designee be, and hereby is,
authorized to sign and the Sheriff’s Department to hand deliver a Notice to Vacate to all occupants of property
on which the County of Schuyler holds, or will hold, a tax deed to, and
        BE IT FURTHER RESOLVED, that said Notice to Vacate be sent by registered mail to the most recent
owners of record as shown in the property description, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the
agreement with David A. Matson for auctioneer services for the year 2011, at a cost of 6% of the sale; subject to
the approval of the Schuyler County Attorney.
Vote 7-0.
RESOLUTION NO. 60 Motion by Gifford, Second by Halpin.
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 February 14, 2011 through December 31,
2012, to wit:
                                          PLANNING COMMISSION
                                             Kirk Smith, Town of Dix
                                       Lori Asperschlager, Village of Burdett
Vote 7-0.
RESOLUTION NO. 61 Motion by Gifford, Second by Halpin.
RE: RESOLUTION OPPOSING THE STATE TAKING OF WESTERN’S PARTICPATING
        MUNICIPALITY’S ASSETS IN THE WESTERN REGIONAL OFF-TRACK BETTING
        CORPORATION
        WHEREAS, in September 1973, nine western New York counties established the Western Regional
Off-Track Betting Corporation, as enabled by state law, and
        WHEREAS, these municipal “stockholders” chose to exercise that local option to form such a
corporation that dictated local control by those municipalities over such gaming activities in their respective
communities, and
        WHEREAS, the start-up costs of this enterprise were funded solely by these initiating counties from
their own treasuries of taxpayer money and represented no state money nor allowed for any state confiscation of
this purely local venture, and
        WHEREAS, since those nine counties voted to form Western Regional Off-Track Betting Corporation,
an additional eight western New York counties have joined them in the local control of such gaming activities
that has since 1973 generated over $200 Million in operating and surcharge revenues to the taxpayers of those
participating municipalities, and
        WHEREAS, now, the incoming Governor and both houses of the State legislature are publically
proposing a taking of Western OTB’s business and its assets by a consolidation of all the regional off-track
betting corporations in this state by some state-sponsored private or quasi-governmental interloper that threatens
a loss of local revenue, independence and local oversight of gaming in our communities, and
        WHEREAS, the participating municipalities of Western as its shareholders have a pro-rata financial
interest in the $39 million of net equity re-invested in its 30-plus corporately-owned branch facilities and the
track and casino at Batavia Downs, and
        WHEREAS, the reality of such state-sponsored consolidation and takeover of the OTB’s would rob
Western’s communities of not only local control but their substantial re-investment of profits to acquire and
maintain such money-making assets.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature opposes such a
threatened “nationalizing” of Western’s business by New York State.
Vote 7-0.
24                                   SCHUYLER COUNTY LEGISLATURE
RESOLUTION NO. 62 Motion by Gifford, Second by Halpin.
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 THEREFORE -
        HIGHWAY
        WHEREAS, a Project for the Bridge Replacement (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.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, duly convened does
hereby approve the above-subject project and authorizes the County of Schuyler to pay in the first instance
100% of the Federal and non-Federal share of the cost of design and right of way incidental and acquisition
work for the project or portions thereof, and
        BE IT FURTHER RESOLVED, that the sum of $1,147,315.00 will be appropriated from account
numbers 5020.400 and 5120.584 and made available to cover the cost of participation in the above phase of the
project, and
        BE IT FURTHER RESOLVED, that in the event the full Federal and non-Federal share costs of the
project exceeds the amount appropriated above, the County of Schuyler shall convene as soon as possible to
appropriate said excess amount immediately upon the notification by the New York State Department of
Transportation thereof, and
        BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be and is hereby
authorized to execute all necessary agreements, certifications or reimbursement requests for Federal Aid and/or
Marchiselli Aid on behalf of the County of Schuyler with the New York State Department of Transportation in
connection with the advancement or approval of the project, and providing for the administration of the project
and the municipality’s first instance funding of project costs and permanent funding of the local share of
Federal-aid-eligible project costs and all project costs within appropriations therefore that are not so eligible,
and
        BE IT FURTHER RESOLVED, that a certified copy of this Resolution be filed with the New York
State Commissioner of Transportation by attaching it to any necessary agreement in connection with the project,
and
        BE IT FURTHER RESOLVED, this Resolution shall take effect immediately.
Vote 7-0.
RESOLUTION NO. 63 Motion by Gifford, Second by Halpin.
RE: AUTHORIZE AMENDING RESOLUTION NO. 11-11 TITLED “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 FOR THE YEAR
        2011” TO INCREASE THE AMOUNT FROM $1,000 TO $2,500 – REAL PROPERTY TAX
        AGENCY
        BE IT RESOLVED, that Resolution No. 11-11 be amended to hereby delegated to the Real Property
Tax Director the power to authorize the Schuyler County Treasurer to make payment of any refund or credit of
taxes not exceeding the sum of $2,500 without prior audit, as provided in Sections 554(9) and 556(8) of the
RPTL for the calendar year of 2011, effective immediately.
Vote 7-0.
RESOLUTION NO. 64 Motion by Halpin, Second by Field.
RE: MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR
        BE IT RESOLVED, that two (2) additional Resolutions be brought to the floor.
Vote 7-0.
RESOLUTION NO. 65 Motion by Gifford, Second by Field.
                                      PROCEEDINGS OF THE YEAR 2011                                            25
RE: ACCEPT/REJECT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX
        DEED
        WHEREAS, the County Treasurer took tax deeds to property located in Schuyler County, State of New
York, and
        WHEREAS, the former owner of record or the estate of the former owner of record may submit an Offer
to Purchase in the full amount of taxes, penalties, interest and other County expenses involved with the property
to the Schuyler County Treasurer two weeks prior to the tax sale auction.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes its
Chairman to accept any and all Offers to Purchase, subject to the last-stated condition below, and execute the
quitclaim deed and attending documents for the transfer of properties for which the County of Schuyler has
taken a tax deed and listed said property in the tax sale auction, upon payment to the Schuyler County Treasurer
of the full amount of the purchase offer. The full amount of the purchase offer must be made to the Schuyler
County Treasurer prior to the tax sale auction, and
        BE IT FURTHER RESOLVED, that upon acceptance of a bid, and payment in full of the purchase
price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record which the
Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment
thereof , and
        BE IT FURTHER RESOLVED, that the Schuyler County Legislature has the right to accept or reject
any and all bids.
Vote 7-0.
RESOLUTION NO. 66 Motion by Gifford, Second by Field.
RE: AUTHORIZE TRANSFER OF FUNDS FROM WORKER’S COMPENSATION ACCOUNT TO
        INSURANCE SMP ACCOUNT – COUNTY ADMINISTRATOR
        WHEREAS, the General Liability invoice was received with the amount of the policy period February
1, 2011 through February 1, 2012 being $178,838.01, and
        WHEREAS, said Insurance SMP invoice exceeds the $177,800 funding in 2011 budget to make
payment for said Insurance coverage.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
0transfer $1,038.01 from Worker’s Compensation Account No. 9040.803 into Account No. 1910.0423
Insurance SMP.
Vote 7-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
        Legislator Gifford reported on the three County Broadband grant. It has been approved with Corning,
Inc. contributing $10 Million towards the cost of the $12 Million project required to do the job.
COUNTY ADMINISTRATOR’S REPORT: Nothing new to report.
        MOTION to go into Executive Session made by Legislator Gifford, SECOND by Legislator Halpin to
discuss employee work history. Motion carried seven ayes to zero noes.
        MOTION to come out of Executive Session made by Legislator Gifford, SECOND by Legislator Field.
Motion carried seven ayes to zero noes.
        The meeting adjourned at 6:45 p.m.
                Stacy B. Husted, Clerk
                Jamee L. Mack, Deputy Clerk

                                           REGULAR MEETING
                                             MARCH 14, 2011

       The March14, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of
Silence. All Legislators were present. County Attorney James Coleman and the County Administrator Timothy
26                                    SCHUYLER COUNTY LEGISLATURE
O’Hearn were also present.
PUBLIC PARTICIPATION:
        Mr. Paul Marcellus stated that as a hotel owner, at the end of the quarter he did not receive the sales tax
report form from the state in a timely manner and payment was late. He would like to suggest that the sales tax
form and room tax form possibly be posted on our Treasurer’s web page. This would relieve the State and the
Treasurer’s Office as they could be submitted electronically. The burden would then be on the hotel/motel and
B&B owners, not on the State or the County. He also wanted to bring to the Legislature’s attention that he has a
pet peeve regarding the lack of understanding by Planning Boards of an Entrepreneur. There was a situation that
made the papers a week or so ago. He feels they all need to try and find ways to initiate business in the County.
        Mr. Gary Whyman said he recently took advantage of the Freedom of Information Law (FOIL) and had
received the last five years of the County’s Audit reports. He is wondering where to direct any questions he
might have after reading all of them. Chairman Fagan informed him that the Management and Finance
Committee oversee that audit and that he could direct any of his questions to that committee by attending or
submitting his questions to the Clerk of the Legislature. The Clerk then provided the meeting dates and times as
well as provided him with a business card with her email address. Mr. Whyman said he may send any questions
with a representative versus himself. Administrator O’Hearn said that is fine. Legislator Gifford, Chairman of
the Management & Finance Committee also recommend that Mr. Whyman could send the questions a head of
time to the Clerk’s email.
RESOLUTION NO. 67 Motion by Karius, Second by Larison.
RE: APPROVE THE MINUTES OF THE FEBRUARY 14, 2011 REGULAR MEETING OF THE
        SCHUYLER COUNTY LEGISLATURE
        BE IT RESOLVED, that the minutes of the February 14, 2011 Regular Meeting of the Schuyler County
Legislature be approved.
Vote 8-0.
RESOLUTION NO. 68 Motion by Barnes, Second by Field.
RE: AUTHORIZE CONTRACT WITH BETH PECK FOR INVESTIGATOR SERVICES – PUBLIC
        DEFENDER’S OFFICE
        WHEREAS, the Public Defender’s Office anticipates receiving Indigent Legal Services Fund (ILSF)
revenues from the State for the year 2011 in the amount of $66,500, and
        WHEREAS, the Public Defender requires access to investigative services in order to adequately defend
her clients, both in family court and criminal court.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Beth Peck for the Public Defender’s Office on an as needed basis at the rate of $30 per
hour not to exceed $5,000 annually with mileage reimbursement at the current county rate, for the term March
1, 2011 through December 31, 2011; funding is available in the 2011 Public Defender budget account no. 1170-
435; subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 69 Motion by Barnes, Second by Field.
RE: RESOLUTION RECOGNIZING THE IMPORTANCE OF COUNTY SHERIFF’S MARINE PATROL
        AND STATE NAVIGATIONAL AID FUNDING FOR SERVICES – SHERIFF’S OFFICE
        WHEREAS, three Finger Lakes waterways have thirty six miles of lake shore in parts of Schuyler
County, i.e. Seneca Lake, Cayuta Lake, Lamoka Lake, and Waneta Lake which are State owned public waters
as indicated in State Navigation law, and
        WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP)
Marine Services Division designates the county sheriff to be the point of contact for marine patrols, safety, law
enforcement, boat operators education, salvage operations, inspections and issuance of hull identification
numbers, as well as the sheriffs review/approval of floating object and regatta permits on waterways throughout
New York by Navigation Law, literature both on their OPRHP website, and in their official publications, and
        WHEREAS, it is noteworthy through the enforcement of laws, marine patrols can remove the dangerous
boater from the waterways and sheriff’s officers often are the first responders to 911 calls for incidents on the
                                       PROCEEDINGS OF THE YEAR 2011                                              27
lakes for recreational users in boating mishaps, water and medical emergencies, reports of reckless operation,
vessel fires, accidents, capsized vessels, stranded boaters, drowning, pollution, search, rescue and recovery, and
        WHEREAS, a portion of vessel registration fees and other finds since 1959 was historically provided as
the State of New York has recognized the need to provide financial encouragement to counties undertaking the
enforcement of the state’s navigation laws and provided 50% reimbursement which was later increased to 75%
and then reduced in 2009 to 50% even though the state chose to increase boater registration fees, but earmarked
the increased boater funds for the state highway and bridge trust find, and
        WHEREAS, revenue for this program is not from property tax payers, but provided exclusively from the
motorboat user fees paid once every three years upon registration and presently these fees generate about $62
million annually to the state of New York of which only about $24 million is needed to pay the statutory
reimbursement statewide to counties and municipalities for costs incurred, and
        WHEREAS, funding to reimburse county sheriffs for marine services was cut in the 2011-12 Executive
Budget proposal released February 1, 2011, where fundamental changes are proposed to repeal sections 79 a
and b from the State Navigation Law, thus eliminating reimbursement to counties effective April 1, 2011
wherein also affecting the “I love NY waterways” boating safety account, and greatly reducing leverage for
federal grant funding to OPRHP from the Coast Guard, and
        WHEREAS, the Governor’s proposed funding cuts also include costs incurred by counties in 2010, for
which $6,949.72 in reimbursement was already submitted as required in 2010 to the NYS OPRHP by the
Sheriff, and will now require Schuyler County taxpayers to absorb, and
        WHEREAS, the Schuyler County Sheriff provides the public with a very important public safety service
by patrolling these waterways, ensuring the safety of both recreational, public and commercial vessels, as well
as providing OPRHP certified instructors for boaters safety operation education where in last three years 421
individuals were taught safe boating by Schuyler County Sheriffs marine patrol unit.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the Governor to
reconsider the removing of this important financial aid and shifting the entire cost of marine patrol and related
services including boaters safety education to the County of Schuyler property taxpayers, and
        BE IT FURTHER RESOLVED, that this Schuyler County Legislature urges the Governor and the State
Legislature to consider the public safety of lakeside residents, renters, visitors, tourists, and all recreational
boaters and users of the waterways, and realize the detrimental impacts that removing this funding aid will have
on county budgets and restore this valuable historical aid, and
        BE IT FURTHER RESOLVED, that the Clerk shall forward copies of this Resolution to Governor
Andrew M. Cuomo, Lieutenant Governor Robert Duffy, our Assemblyman and Senator, the Senate and
Assembly Majority and Minority Leaders, the NYS Association of Counties, the NYS Sheriffs’ Association, the
Counties of Ontario, Steuben, Seneca, and Yates Legislatures or Boards.
Vote 8-0.
RESOLUTION NO. 70 Motion by Barnes, Second by Field.
RE: AUTHORIZE APPLICATION AND CONTRACT WITH NEW YORK STATE TO RECEIVE STATE
        GRANT FUNDING FOR MONITORING IGNITION INTERLOCK DEVICES – PROBATION
        DEPARTMENT
        WHEREAS, the Schuyler County Probation Department has been designated as the oversight agency to
monitor ignition interlock devices for probation supervision cases as well as conditional discharge sentences,
and
        WHEREAS, the New York State Governors Traffic and Safety Committee has established grant money
to support each designated monitoring agency in the amount of $114.66 for each ignition interlock case
received. Schuyler County is eligible for a grand total of $6,420 of this grant funding.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign any and all documents relative to a contract established through the New York State Grant Management
System allowing Schuyler County Probation to apply for and access these grant funds for the term of October 1,
2010 through September 30, 2011, subject to the approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 71 Motion by Larison, Second by Yuhasz.
28                                  SCHUYLER COUNTY LEGISLATURE
RE:      AUTHORIZE AMENDING THE 2010-2013 CONTRACT WITH BURLINGTON LABORATORIES
         OF SARATOGA TO INCREASE THE FEE FOR CONFIRMATIONS FROM $10 TO $25 -
         PROBATION DEPARTMENT
         BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an amended
contract with Burlington Laboratories to increase the fee for confirmations from $10 each to $25 each, effective
immediately through the term of the contract ending October 31, 2013, subject to approval by the Schuyler
County Attorney.
Vote 8-0.
RESOLUTION NO. 72 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE APPOINTMENT OF THE COUNTY ADMINISTRATOR AS THE FAIR HOUSING
         OFFICER FOR SCHUYLER COUNTY
         WHEREAS, Schuyler County is the recipient of Federal funds under the Community Development
Block Grant (CDBG) of the U.S. Department of Housing and Urban Development (HUD), and
         WHEREAS, it is the recommendation of the Community Development and Natural Resources
Committee that the County Administrator, be appointed as the County’s Fair Housing Officer by title only.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature hereby
appoints the County Administrator as the Fair Housing Officer for the County of Schuyler, and
         BE IT FURTHER RESOLVED, that the County Administrator shall be responsible for compliance with
all Fair Housing Laws including, but not limited to, Title VI of the Civil Rights Act of 964 (Public Law 88-352,
42 USC 2000d) and The Fair Housing Act (Public Law 90-284, 42 USC 3601-20).
         BE IT FURTHER RESOLVED, upon a complaint by a member of the public or by his own authority,
the Fair Housing Officer is empowered to investigate any complaints regarding violation of any aspect of any
Fair Housing Law. The Fair Housing Office is authorized to allow the U.S. Department of Housing and Urban
Development or any other government agency to assist with any investigation, and
         BE IT FURTHER RESOLVED, if the Fair Housing Officer finds that there is a violation of Fair
Housing Law, the Fair Housing Officer may take appropriate corrective measures after informing the County
Legislature of the findings.
Vote 8-0.
RESOLUTION NO. 73 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE AMENDING THE AGREEMENT WITH SCHUYLER COUNTY PARTNERSHIP FOR
         ECONOMIC DEVELOPMENT (SCOPED) TO REQUIRE INSURANCE COVERAGE TO BE
         $5,000,000
         WHEREAS, there is a need to amend the 2011 agreement with SCOPED to require SCOPED’s directors
and officers coverage be increased to $5,000,000.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an amendment to the current 2011 contract with SCOPED for Economic Development Services, to add
language requiring said insurance coverage; subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 74 Motion by Halpin, Second by Yuhasz.
RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD – YOUTH
         BUREAU
         BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of the
following individuals to the Schuyler County Youth Board for the term of March 1, 2011 – December 31, 2011.
                                     Ashley Tieppo, Youth Representative
                                     Melanie Megan, Youth Representative
                                      Katelin Pierce, Youth Representative
Vote 8-0.
RESOLUTION NO. 75 Motion by Halpin, Second by Yuhasz.
RE: AUTHORIZE             YOUTH        BUREAU/WATKINS             GLEN       INTERNATIONAL           RACEWAY
         EMPLOYMENT PROGRAM – YOUTH BUREAU
                                       PROCEEDINGS OF THE YEAR 2011                                            29
          WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the
 strict income criteria of the Workforce Investment Act Employment Program, and
          WHEREAS, the Schuyler County Youth Bureau in collaboration with the Watkins Glen International
 Raceway are desirous of integrating a temporary seasonal program for the above mentioned youth, and
          WHEREAS, the program will employ approximately 50 youth with the wages for the youth and
supervisors to be reimbursed by Watkins Glen International Raceway.
          NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized
 to hire and implement the above mentioned employment program from April 15, 2011 through September 30,
 2011 for youth ages 14 – 20, and that the Chairman of the Legislature be hereby authorized to sign the contract;
 subject to approval by the Schuyler County Attorney.
 Vote 8-0.
 RESOLUTION NO. 76 Motion by Halpin, Second by Yuhasz.
 RE: AUTHORIZE GRANT APPLICATION FOR TRIANGLE FUND GRANT – YOUTH BUREAU
          WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center
 program, and
          WHEREAS, funding is needed for supplies, operation and parenting education, and
          WHEREAS, the Schuyler County Youth Bureau acts as the oversight and fiscal agency for the program,
 and
          WHEREAS, the Triangle Grant offers funding for between $5,000 and $15,000 and there is no local
 match, and
          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 by the Schuyler County Attorney.
 Vote 8-0.
 RESOLUTION NO. 77 Motion by Halpin, Second by Larison.
 RE: AUTHORIZE AGREEMENT WITH BRIAN BEAUMONT FOR REPAIR SERVICES – OFFICE FOR
          THE AGING
          WHEREAS, the Schuyler County Office for the Aging, as part of its mission under the EISEP, Caregiver
 and WRAP programs, provides repairs, removal of architectural barriers, maintenance of appliances, installation
 of health and safety related items and modifications to a client’s living environment, and
          WHEREAS, the Schuyler County Office for the Aging has monies under each funding stream related to
 these specific needs, and
          WHEREAS, Contractor, Brian Beaumont, has agreed to provide services within his areas of expertise,
 and
          WHEREAS, the cost of services includes supplies, labor and mileage, at a not to exceed amount of
 $1250, and
          WHEREAS, in keeping with the practice of requesting donations for services rendered by the Office for
 the Aging, the cost of the services could be minimized or covered by the donations requested and collected from
 participants.
          NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
 sign any and all contracts and agreements with Brian Beaumont for the purpose of providing home repairs,
 modifications and installations for EISEP, Caregiver and WRAP clients as identified and approved by the
 Schuyler County Office for the Aging through the OFA budget account no. 6772.0401 for the term of March 1,
 2011 through December 31, 2011, said contract subject to approval of the Schuyler County Attorney.
 Vote 8-0.
 RESOLUTION NO. 78 Motion by Halpin, Second by Larison.
 RE: AUTHORIZE CONTRACT WITH DALYA TAMIR PT, FOR PRESCHOOL SERVICES – PUBLIC
          HEALTH
          WHEREAS, the Public Health Department is required to provide Preschool Services for children, and
          WHEREAS, Dalya Tamir is approved as a provider for Preschool Services.
30                                    SCHUYLER COUNTY LEGISLATURE
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into a Contract with Dalya Tamir, PT for Preschool Services, effective March 1, 2011 through June 30,
2012, at the rate of $65 per half-hour session, to be renewed annually, funds available in the Public Health budget,
account no. 2960.0400, subject to the approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 79 Motion by Halpin, Second by Larison.
RE: AUTHORIZE CONTRACT WITH DALYA TAMIR, PT FOR EARLY INTERVENTION SERVICES
        – PUBLIC HEALTH
        WHEREAS, the Public Health Department is required to provide Early Intervention Services for children,
and
        WHEREAS, Dalya Tamir, PT is approved as a provider for Early Intervention Services, and
        WHEREAS, rates paid for Early Intervention Services provided under this contract are set by the New
York State Department of Health and are not subject to negotiation.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into a contract with Dalya Tamir, PT for Early Intervention Services, effective March 1, 2011 through
December 31, 2012, at rates established by the New York State Department of Health, to be renewed annually, on
a yearly basis, 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. 80 Motion by Larison, Second by Halpin.
RE: AUTHORIZE CONTRACT WITH ASSOCIATION FOR VISION REHABILITATION AND
        EMPLOYMENT, INC. FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH
        WHEREAS, the Public Health Department is required to provide Early Intervention Services for children,
and
        WHEREAS, the Association for Vision Rehabilitation and Employment, Inc. is approved as a provider for
Early Intervention Services, and
        WHEREAS, rates paid for Early Intervention Services provided under this contract are set by the New
York State Department of Health and are not subject to negotiation.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into a contract with Association for Vision Rehabilitation and Employment, Inc. for Early Intervention
Services, effective March 1, 2011 through December 31, 2012, at rates established by the New York State
Department of Health, to be renewed annually, on a yearly basis, 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. 81 Motion by Larison, Second by Halpin.
RE: AUTHORIZE CHANGE ORDER #GC-013 WITH WELLIVER-MCGUIRE, INC. FOR THE
        GENERAL CONTRACTOR PORTION OF THE SHARED PUBLIC WORKS FACILITY                                       –
        BUILDINGS AND GROUNDS
        WHEREAS, Resolution No. 472-08 authorized a contract with Welliver-McGuire, Inc., for the General
Contractor Portion of the Share Public Works Facility, and
        WHEREAS, lawn planting was included in the original scope of work, and needs to be remediated, and
        WHEREAS, Change Order GC-013 proposes a credit in lieu of the lawn planting remediation in the
amount of ($3,696.80), and
        WHEREAS, the Building Maintenance Supervisor has reviewed the referenced changes and
recommends authorization thereof as follows:
           Original Contract Amount                                        $1,897,000.00
           Net Change by Previously Authorized Change Orders               $ 22,161.63
           Contract Amount Prior to this Change Order #GC-013              $1,919,161.80
           Amount Contract will Decrease by Change Order #GC-013 $              (3,696.80)
           New Total Contract Amount                                       $1,915,464.83
                                      PROCEEDINGS OF THE YEAR 2011                                            31
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign Change Order #GC-013 for a credit of ($3,696.80) with Welliver-McGuire, Inc., subject to approval of the
Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 82 Motion by Larison, Second by Halpin.
RE: AUTHORIZE CONTRACT EXTENSION WITH THE OFFICE OF NEW YORK STATE PARKS,
        RECREATION AND HISTORICAL PRESERVATION FOR THE CATHARINE VALLEY TRAIL–
        BUILDINGS & GROUNDS
        WHEREAS, Resolution 48-07 authorized a Contract with New York State Office of Parks, Recreation
and Historic Preservation to develop the Northern end of the Catharine Valley Trail, and
        WHEREAS, Resolution 154-10 authorized the scope of work changed from Development of Trail to
Trailhead Improvements, Watkins Glen, and
        WHEREAS, the New York State Parks, Recreation and Historical Preservation has approved the use of
the funds to be used at the Seneca Harbor Park for West End Lighting and Interpretive Signage with the work to
begin in the fall of 2011.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a
grant contract extension to expire August 12, 2012 with the Office of New York State Parks, Recreation and
Historical Preservation; subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 83 Motion by Barnes, Second by Yuhasz.
RE: AUTHORIZE PAYMENT TO THOMAS G. MERRILL PROFESSIONAL LAND SURVEYOR FOR
        A SURVEY OF A PORTION OF SENECA HARBOR PARK – BUILDINGS & GROUNDS
        WHEREAS, Resolution No. 155-10 the Legislature authorized a SEQR for Alienation of a portion of
Seneca Harbor Park and declared lead agency relative to redevelopment of the Seneca Lake waterfront, and
        WHEREAS, said alienation of County property required a survey to be completed, and
        WHEREAS, said survey was completed by Thomas G. Merrill professional Land Surveyor in the
amount of $985.00.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes
payment to Thomas G. Merrill Professional Land Surveyor for a survey of a portion of Seneca Harbor Park for
redevelopment of the Seneca Lake waterfront, funding available in the Facilities and Grounds Capital Reserve
Account No. 004.1620.209.
Vote 8-0.
RESOLUTION NO. 84 Motion by Barnes, Second by Yuhasz.
RE: AUTHORIZE UTILIZING COUNTY ROUTE 23A AND 23 FOR A NEW YORK STATE ROUTE
        226 DETOUR – HIGHWAY
        WHEREAS, the New York State Department of Transportation proposes to reconstruct the State Route
226 over Tobehanna Creek bridge, Capital Projection Identification Number 6100.09, and
        WHEREAS, in conformance with Section 42 of the New York State Highway Law, the New York State
Department of Transportation proposed to utilize the following roads and streets as detours during the period of
construction:
County Route 23A between SR226 and CR23, County Route 23 between CR23A and SR226, and
        WHEREAS, the New York State Department of Transportation will provide traffic control devices and
make improvements to the above mentioned roads and streets to make them adequate to handle additional
detour traffic.NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby
authorize the New York State Department of Transportation to utilize the above mentioned roads and streets as
detours during the period of construction, and
        BE IT FURTHER RESOLVED, that the Schuyler County Highway Department will continue to provide
road maintenance on the above mentioned roads and streets, including snow and ice control, and
        BE IT FURTHER RESOLVED, that Schuyler County will own and maintain the permanent
improvements made to the detour routes on the above mentioned roads and streets, and
        BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature is hereby directed to
32                                     SCHUYLER COUNTY LEGISLATURE
transmit (5) certified copies of this resolution to the State Department of Transportation.
Vote 8-0.
RESOLUTION NO. 85 Motion by Barnes, Second by Yuhasz.
RE: RESOLUTION AUTHORIZING A SHARED SERVICES AGREEMENT WITH NEW YORK STATE
         DEPARTMENT OF TRANSPORTATION (NYSDOT) - HIGHWAY
         WHEREAS, pursuant to Section99-r of the General Municipal Law, the State and Schuyler County
wish to share services, exchange or lend materials or equipment which shall promote and assist the maintenance
of State and Municipal roads and highways and provide a cost savings by maximizing the effective utilization
of both parties’ resources, and
         WHEREAS, the Schuyler County Highway Department requests that a contract with NYSDOT be
executed for shared services.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature by hereby authorized to
execute a contract with NYSDOT for shared services to Schuyler County Highway Department, subject to
approval of the Schuyler County Attorney.
Vote 8-0.
WITHDRAWN
RE: AUTHORIZE ENGINEERING CONSULTANT AGREEMENT WITH ___________________ FOR
         THE DESIGN OF BOWER ROAD BRIDGE REPLACEMENT – HIGHWAY - WITHDRAWN
         WHEREAS, the replacement of BIN 3332400, Bower Road Bridge over Bolter Creek is a Federal-aid
eligible project, and
         WHEREAS, there is money available in the 2011 budget account 5020.400 for said project.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign the necessary documents to retain _____________ for engineering services, at a cost of $
for the replacement of Bower Road Bridge over Bolter Creek, subject to the approval of the Schuyler County
Attorney.
RESOLUTION NO. 86 Motion by Barnes, Second by Larison.
RE: ADOPT SIGN POLICY FOR SIGN MAINTENANCE METHOD TO MAINTAIN MINIMUM
         LEVELS OF RETRO-REFLECTIVIY AS REQUIRED BY SECTION 2A.09 OF THE MANUAL OF
         UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) – HIGHWAY
         WHEREAS, Federal law and regulation pursuant to Manual on Uniform Traffic Control (MUTCD)
Section 2A.09 requires various municipalities and governmental divisions to maintain minimum reflectivity
with respect to signs, and
         WHEREAS, Schuyler County is desirous of instituting a maintenance policy to maintain minimal levels
of retro-reflectivity with respect to its signage in order to meet the new standards for sign retro-reflectivity
required by Section 2A.09 of the MUTCD-Federal Highway Association (FHWA), and
         WHEREAS, Schuyler County’s ongoing effort to meet these new standards shall continue to reflect the
 County’s commitment to traffic safety in Schuyler County and shall continue to be in compliance with these
 new standards by implementing these procedures contained in this assessment and management program.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the
 attached Sign Maintenance Method to Maintain Minimum Levels of Retro-reflectivity Policy, a copy of which
 is attached hereto and made a part hereof.
 Vote 8-0.
PROCEEDINGS OF THE YEAR 2011   33
34                                   SCHUYLER COUNTY LEGISLATURE
RESOLUTION NO. 87 Motion by Barnes, Second by Larison.
RE: AUTHORIZE SUPPLEMENTAL AGREEMENT FOR THE RIGHT OF WAY (ROW) AND
        PROPERTY APPRAISALS OF GENESEE BRIDGE REPLACEMENT- HIGHWAY
        WHEREAS, the replacement of PIN 6753.97, BIN 2254310, Genesee Street over Catharine Creek is a
Federal-aid eligible project, and
        WHEREAS, a supplemental agreement is necessary for additional ROW surveys and acquisitions, and
        WHEREAS, Fisher Associates 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 $ 5,405.00 funding available in the
2011 budget account no. 5020.400, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature sign the Just Compensation Report
for property appraisals for Genesee Street Bridge, Town of Montour and set the minimum payment policy at
$250.00. Contract and reports subject to the approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 88 Motion by Barnes, Second by Larison.
RE: AUTHORIZE TWO CONTRACT EXTENSIONS WITH NEW YORK STATE BOARD OF
        ELECTIONS FOR HAVA GRANTS – BOARD OF ELECTIONS
        WHEREAS, the County Board of Elections has received HAVA Grant Funds in the amount of $11,910
per Contract Number T002569 for the purpose of Voter Education and Poll Worker Training, and Contract
Number T002685 for Poll Site Accessibility Improvements, and
        WHEREAS, the above contracts expire on March 31, 2011, and said contracts have unexpended
balances in the amount of $5,063.07 and $1,190.17 respectively, and
        WHEREAS, the New York State Board of Elections has extended contracts T002569 and T002685 for
an additional year from April 1, 2011 to March 31, 2012.
        NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
execute and sign said contract extensions of the above contracts T002569 and T002685 with the New York
State Board of Election, subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 89 Motion by Gifford, Second by Halpin.
RE: AUTHORIZE CONTRACT EXTENSION WITH THE NEW YORK STATE BOARD OF
        ELECTIONS FOR A HAVA GRANT – BOARD OF ELECTIONS
        WHEREAS, the County Board of Elections has received HAVA Grant Funds in the amount of
$2,861.00 per Contract Number T002627 for the purpose of Poll Site Accessibility Improvements, and
        WHEREAS, the above contract expires on March 31, 2011, and said contract has an unexpended
balance in the amount of $133.00, and
        WHEREAS, the New York State Board of Elections has extended contract T002627 for an additional
period from April 1, 2011 to September 30, 2011.
        NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
execute and sign said contract extension of the above contract T002627 with the New York State Board of
Election, subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 90 Motion by Gifford, Second by Halpin.
RE: RECOGNIZE APRIL 2011 AS “DONATE LIFE MONTH” – COUNTY CLERK
        WHEREAS, each year, the list of names of individuals in need of organ or tissue transplants continues
to grow longer, and
        WHEREAS, today, more than 9,000 New Yorkers are waiting for an organ transplant, and thousands
more are waiting for a cornea and/or tissue transplant, and
        WHEREAS, it is vitally important for each New Yorker to make a personal commitment to become an
organ donor and to inform their family members of their decision, and
                                       PROCEEDINGS OF THE YEAR 2011                                           35
        WHEREAS, family members of potential organ and tissue donors may be reluctant to give consent for
donation if they do not know their loved one’s wishes to become and organ and tissue donor, and
        WHEREAS, the personal decision to become a donor relieves the donor’s family of the burden of
making the decision for them, and
        WHEREAS, if the donor’s wishes are known, their family has the opportunity to support their loved
one’s decision and help make their wishes come true, and
        WHEREAS, the Schuyler County Legislature encourages all citizens of New York State who have not
already done so to consider enrolling now in the New York State Donate Life Registry, a confidential database
established to document an individual’s consent to donate organs and tissues in the event of their death, and
        WHEREAS, New Yorkers can enroll in the registry on the New York State Department of Health
website at: www.NYHealth.gov/donatelife.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes
April 2011 as “Donate Life Month”.
DISCUSSION: Legislator Barnes wanted to compliment the County Clerk for her initiative on this. She did a
good job on this.
Vote 8-0.
RESOLUTION NO. 91 Motion by Gifford, Second by Halpin.
RE: AUTHORIZE APPLICATION AND AGREEMENT WITH NEW YORK STATE IN ORDER FOR
        THE SCHUYLER COUNTY CLERK TO SELL E-Z PASSES IN THE CLERK’S OFFICE AND DMV
        – COUNTY CLERK
        WHEREAS, the County Clerk wishes to purchase E-Z passes through New York State and re-sell them
to the public in the County Clerk’s Office and the DMV, and
        WHEREAS, this is a revenue generating sale for the County.
        NOW, THEREFORE, BE IT RESOLVED, that the County Clerk is hereby authorized to sign said
application and that the Chairman of the Legislature is hereby authorized to sign said agreement with New York
State for the purchase and sale of E-Z passes in the County Clerk’s office and DMV, provided all legal
requirements are complied with, subject to the approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 92 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE CONTRACT WITH RACHAEL BORUCHOWITZ, J.D. FOR RESEARCH SERVICES
        – COUNTY ATTORNEY
        WHEREAS, the New York Civil Liberties Union (NYCLU) litigation is again moving through the
appeals process and will be productive of significant further research effort, and
        WHEREAS, Rachael Boruchowitz, J.D., formerly employed by the County Attorney’s Office as an
Intern for this purpose in the past has now graduated law school and is again available at a rate of $20 an hour,
not to exceed $500.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Rachael Boruchowitz, J.D., for the above-referenced purpose, for the term February 21,
2011 through December 31, 2011, funding available in account no. 1420.443-Witness Fees & Trial Expenses;
subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 93 Motion by Larison, Second by Yuhasz.
RE: LOCAL LAW INTRO. NO. 1 OF THE YEAR 2011 AMENDING LOCAL LAW NO. 3 OF THE
        YEAR 2009 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS FOR FISCAL YEARS
        2010-2013 TO ALSO INCLUDE THE CPI INCREASE FOR THE DISTRICT ATTORNEY SALARY
        WHEREAS, the salary for the District Attorney was set in 2002 to be the same amount for each year of
a four-year term, always subject to change by the State of New York per County Law Section 700 as amended,
and
        WHEREAS, Local Law. No. 5 of the Year 2008 amended Local Law No. 4 of the Year 2005 issuing a
one-time salary adjustment to the County Clerk, the Sheriff and the District Attorney salaries, and
36                                     SCHUYLER COUNTY LEGISLATURE
         WHEREAS, Local Law No. 3 of the Year 2009 set up a Cost of Living adjustment for certain elected
officials for their four year term with the exception of the District Attorney’s salary as in the past, and
         WHEREAS, the Legislature now wishes to also issue a Cost of Living adjustment for the District
Attorney position for the remainder of the four-year term in accordance with the Consumer Price Index (CPI)
adjustment, with the Year 2011 being retroactive to January 1, 2011 with a 1.4% increase, making the 2011
salary $125,851, and
         WHEREAS, the wording “* - salary subject to change by State of New York” after the District
Attorney’s salary is to be removed.
         NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1 of the year 2011 be, and hereby
is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and
         BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on
April 11, 2011 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins
Glen, NY.
                                LOCAL LAW INTRO NO. 1 OF THE YEAR 2011
         A Local Law to amend Local Law No. 3 of the Year 2009 Setting Salaries for Certain Elected Officials
for Fiscal Years 2010, 2011, 2012, 2013 to also include the CPI increase for the District Attorney salary.
         Be it enacted by the Legislature of the County of Schuyler that Section 2 be amended as follows:
Section 2.       OFFICIALS/SALARIES
         Effective with the first County payroll for fiscal years 2010, 2011, 2012 and 2013 the annual salaries of
the following officials shall be adjusted by the Consumer Price Index (CPI). The CPI to be used for this
adjustment will be the New York Area of the Urban Wage Earners and Clerical Workers (CPI-W) Group. The
adjustment will be made annually based on the CPI from the July Bureau of Labor Statistics data report.
                 TITLE                          CURRENT SALARY
                 Legislators                    $7,143
                 Sheriff                        $69,573
                 County Clerk                   $57,573
                 District Attorney              $124,113
Section 3.       EFFECTIVE DATE
         This Local Law shall take effect immediately upon the filing with the Secretary of State.
Vote 6-2. Noes: Halpin, Fagan.
RESOLUTION NO. 94 Motion by Larison, Second by Yuhasz.
RE: RECOGNIZE THE MONTH OF APRIL 2011 AS NATIONAL COUNTY GOVERNMENT MONTH
         “SERVING OUR VETERANS, ARMED FORCES AND THEIR FAMILIES”
         WHEREAS, the nation’s 3,068 Counties provide a variety of essential public services to communities
serving more than 300 million Americans, and
         WHEREAS, Schuyler County and all Counties take seriously their responsibility to protect and enhance
the health, welfare and safety of its residents in sensible and cost effective ways, and
         WHEREAS, Schuyler County honors and thanks our residents who have served this country through
military service, and
         WHEREAS, County government delivers many important services to America’s veterans, military
service members and their families, including physical and mental health, housing, employment, and justice,
and
         WHEREAS, the National Association of Counties is the only national organization that represents
County governments in the United States, and
         WHEREAS, the National Association of Counties has encouraged Counties across the country to
actively promote their own programs and services, and
         WHEREAS, Schuyler County and the National Association of Counties are working together to Restore
the Partnership among all levels of government to better serve American communities.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby recognize
April 2011 as National County Government Month and encourages all County officials, employees, schools and
residents to participate in County government celebration activities.
                                     PROCEEDINGS OF THE YEAR 2011                                             37
Vote 8-0.
RESOLUTION NO. 95 Motion by Larison, Second by Yuhasz.
RE: RECOGNIZE THE WEEK OF APRIL 10-16, 2011 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 10-16, 2011 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. 96 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE DECREASING THE HOURS OF THE BOOKKEEPER POSITION FROM FULL-
        TIME TO PART-TIME – TREASURER’S OFFICE
        WHEREAS, there is currently one vacant full-time Bookkeeper position in the Treasurer’s Office, and
        WHEREAS, the staffing needs of the Office have been re-evaluated and it is determined that the needs
can be met by decreasing the hours of the vacant full-time Bookkeeper position currently in place and still
maintain the workload, and
        WHEREAS, it is the recommendation of the Management & Finance Committee that the vacant full-
time Bookkeeper position classified as Civil Service Grade 7 with a beginning pay of $16.24 per hour (2010
contract rate), be reduced to part-time, 17 hours a week, with no benefits.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
decrease in hours for the vacant Bookkeeper position from full-time, 35 hours per week to part-time, 17 hours
per week, with no benefits in the Civil Service grade level 7 with the beginning pay of $16.24 per hour for the
Schuyler County Treasurer’s Office, and
        BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to fill said
part-time position effective immediately.
Vote 8-0.
RESOLUTION NO. 97 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE CREATION OF A “LAMOKA/WANETA LAKES DISTRICT” RESERVE FUND
        BE IT RESOLVED, that pursuant to Section 6-c of the General Municipal Law, as amended, the
Schuyler County Legislature does hereby establish a Reserve Fund entitled “Lamoka/Waneta Lakes District” to
place unexpended funds from the previous year’s budget toward the financing of the cost of water quality
management including monitoring, treatment, and maintenance of the Lamoka/Waneta Lakes’ Protection and
Rehabilitation District to include, but not limited to the purpose of acquiring and maintaining the district, and
        BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the
remaining unexpended 2009 and 2010 funds into this reserve account.
        The Chief Fiscal Officer is hereby directed to deposit any unexpended funds each year into this reserve
in a separate bank account to be known as the “Lamoka/Waneta Lakes District” Reserve Fund.
        No other expenditure shall be made from this fund, except upon authorization from this legislative body
pursuant to Section 6-c of the General Municipal Law.
Vote 8-0.
RESOLUTION NO. 98 Motion by Halpin, Second by Field.
RE: RECOGNIZE APRIL 11-15, 2011 AS WEEK OF THE YOUNG CHILD
        WHEREAS, Schuyler Head Start, Inc. and other local organizations, in conjunction with the National
Association for the Education of Young Children are celebrating the Week of the Young Child, April 11-15,
2011, and
        WHEREAS, these organizations are working to improve early learning opportunities, including early
literacy programs, that can provide a foundation of learning for children in Schuyler County, New York, and
38                                   SCHUYLER COUNTY LEGISLATURE
        WHEREAS, teachers and others who make a difference in the lives of young children in Schuyler
County, New York deserve thanks and recognition, and
        WHEREAS, public policies that support early learning for all young children are crucial to young
children’s futures.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim
April 11-15, 2011 as the Week of the Young Child in Schuyler County, New York and encourage all citizens to
invest in early childhood development in Schuyler County, New York.
Vote 8-0.
RESOLUTION NO. 99 Motion by Halpin, Second by Field.
RE: AUTHORIZATION TO REMOVE TERM LIMITS FOR THE LAMOKA/WANETA LAKES’
        PROTECTION REHABILITATION DISTRICT
        WHEREAS, Resolution No. 426-97 defined the administration and set term limits for the members of
the Lamoka/Waneta Lakes Protection & Rehabilitation District, and
        WHEREAS, the Legislature wishes to remove the restrictions on the number of consecutive terms of
members of the Lakes’ Protection & Rehabilitation District, and
        WHEREAS, the Towns of Wayne, Orange and Tyrone Boards have all adopted a Resolution/Motion in
support of the elimination of the term limits.
        NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby supports the
removal of term limits for the Lamoka/Waneta Lakes’ Protection & Rehabilitation District.
Vote 8-0.
NEW BUSINESS:
        The Clerk explained that the tax sales auction is scheduled for this coming Saturday, March 19, 2011. A
Resolution will have to be done to accept/reject bids from the sale. She asked if the board wished to hold a
special meeting to do so, or do the Resolution at the April 11, 2011 Regular meeting. At the April 11th meeting
was the consensus.
UNFINISHED BUSINESS:
        At 6:56 p.m. MOTION by Legislator Gifford, SECOND by Legislator Field to go into Executive
Session to discuss contract agency negotiations. Motion carried eight ayes to zero noes.
        At 8:00 p.m. MOTION made by Legislator Gifford, SECOND by Legislator Larison to come out of
executive session. Motion carried eight ayes to zero noes.
REPORT ON STANDING COMMITTEES:
        Legislator Barnes reported that the State Route 329 bridge project is moving along with Congressman
Reed and Senator O’Mara’s help.
COUNTY ADMINISTRATOR’S REPORT:
        Administrator O’Hearn reported that in the event any of you get questioned regarding the sales tax on
clothing, if you remember March 1st the clothing tax was reinstated. From March through April it is at 8%. The
Governor’s budget provided for the ability to re-institution, as of April 1st the 8% goes to 4% for $55.00 or less.
From April 1st forward, anything under $55.00 is 4%. Letters have been sent to all businesses.
        Chairman Fagan requested that the Administrator provide a program review of the Dial–A-Ride
program that was kicked off today. Administrator O’Hearn explained.
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 8:0 p.m.
                Stacy B. Husted, Clerk
                Jamee L. Mack, Deputy Clerk

                                            REGULAR MEETING
                                              APRIL 11, 2011


      The April 11, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Fagan. The Pledge of Allegiance was led by Legislator Field and followed by a Moment of
                                         PROCEEDINGS OF THE YEAR 2011                                                     39
Silence. All Legislators were present. County Attorney James Coleman and the County Administrator Timothy
O’Hearn were also present.
PUBLIC PARTICIPATION:
        Ms. Lori Ellison, from the Town of Orange, was here to speak about the Rocky Rooster Bike Track. She
wanted to know the owner can live off the welfare system and yet run a business and make money. She wanted
to know if anyone checks on them. She claimed this person makes her life miserable every day. Chairman
Fagan said the Legislature will make sure someone is notified to investigate.
         Mr. David Scott, Town of Montour Supervisor, was in attendance and wished to invite the two
legislative representatives in his district to their board meeting tomorrow. In relations to the Town of Montour
property tax owners receiving past due notices regarding their taxes, he explained that their Clerk’s father-in-
law had passed away and therefore she did not turn in tax receipts when they were due. He also explained that
the Treasurer’s office has always called in the past when they are ready to receive the receipts. He has talked to
other tax collectors, and this year a call was never made. Over 1,200 mailings were processed and he feels
someone had their blinders on. He felt that someone could have made a call and it could have been avoided.
He has fielded over 150 calls relative to this matter. When he called the Treasurer’s Office Friday afternoon he
was treated rather rudely. He was told by that office that it’s our own town clerk’s fault. There was some
finger pointing going on. The letters sent out would have had to have been done that Thursday morning as they
were postmarked that day. He also does not agree with the County Administrator’s comment on the Odessa
File stating that the cost of postage could be charged to the towns. He has been contacted by the press, but he
has held comment until after tonight. He feels there was a lack of common sense by the Treasurer’s Office
when the entire town of Montour taxes were late. Chairman Fagan apologized on behalf of the County. He also
feels that two phone calls to Montour and Tyrone would have resolved this problem. Instead, the office was
stuffing envelopes and placing postage on them. From a management standpoint he is beside himself that our
Treasurer’s office could not display some common sense. Be that as it may, it is an elected official they have
no control over. He apologized to both towns, and felt it was appalling. Mr. Scott wanted to know if the names
could be taken out of the paper. Administrator O’Hearn said it would be difficult to do a retraction, as they
were following the letter of the law. He said what the Treasurer’s Office did was technically right, ethically and
common sense, no. There are a fair amount of people that are legitimately delinquent with their taxes. Those
who were not delinquent with their taxes should not have their names published. He has learned from this
experience that the County needs to improve the process in the future. Being invited by the Treasurer’s office
to submit your receipts to the County in the past begs a lot of questions. This presents an opportunity to do
something different from this point forward. Let’s review the process and learn from it. In regards to postage,
under normal circumstances a dollar amount is added to that bill that was not paid. For those sent in error he
does not know how they can avoid it, but it will not be passed onto the towns. If the properties were not
supposed to get the bill, the County taxpayers will have to absorb the cost of postage. He would be happy to put
something together to explain this, but both offices are to blame. Mr. Scott pointed out that on your tax bill
you, the taxpayer, have until March 31st to pay it and the Treasurer’s Office did the letters that day and mailed
them that day before the deadline. If we do anything, let’s change that practice. Administrator O’Hearn read
the statute of law. If you take it literally, you really only have until March 17th. The failure to mail the notice
shall not affect interest. If it didn’t get mailed to April 1st or later, it is a courtesy. He felt the first section of the
statute was followed too literally. Mr. Scott suggested the process be changed to follow the statute, as it makes
it clearer. In the future, his Town tax collector will submit receipts to the Treasurer’s office, whether they want
them or not.
         Sarah Haleday, from the New York State Young Republicans wanted the Legislature to know that they
have been awarded a convention and will be spending it in Schuyler County this year. There will be
approximately 100 people here next month at the Watkins Glen International track and then at Castle Grisch.
6:45 P.M. PUBLIC HEARING ON LOCAL LAW INTRO NO. 1 OF THE YEAR 2011 AMENDING
LOCAL LAW NO. 3 OF THE YEAR 2009 SETTING SLARIES FOR CERTAIN ELECTED
OFFICIALS FOR FISCAL YEARS 2010 – 2013 TO ALSO INCLUDE THE CPI INCREASE FOR THE
DISTRICT ATTORNEY SALARY: None.
RESOLUTION NO. 100 Motion by Larison, Second by Gifford.
40                                  SCHUYLER COUNTY LEGISLATURE
RE:     APPROVE THE MINUTES OF THE MARCH 14, 2011 REGULAR MEETING OF THE SCHUYLER
        COUNTY LEGISLATURE
        BE IT RESOLVED, that the minutes of the March 14, 2011 Regular Meeting of the Schuyler County
Legislature be approved.
Vote 8-0.
RESOLUTION NO. 101 Motion by Barnes, Second by Field.
RE: AUTHORIZE               GRANT        APPLICATION           FOR       STATEWIDE         INTEROPERABLE
        COMMUNICATIONS FY 2010-2011– EMERGENCY MANAGEMENT
        WHEREAS, the New York State Division of Homeland Security and Emergency Services (DHSES)
through the Office of Interoperable and Emergency Communication is requesting applications for FY 2010-
2011 Statewide Interoperable Communications Grant, and
        WHEREAS, the Statewide Interoperable Communications Grant is designed to facilitate the
development and support statewide interoperable communications for first responders, and
        WHEREAS, Counties may apply for a maximum award of $2 million, and
        WHEREAS, the Emergency Management Office (EMO), along with Steuben County EMO, and
Chemung County EMO wish to submit an application as a regional consortium.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all documents relative to the FY 2010-2011 Statewide Interoperable Communications Grant,
subject to the approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 102 Motion by Barnes, Second by Field.
RE: AUTHORIZE GRANT APPLICATION FOR THE HAZARDOUS MATERIALS EMERGENCY
        MANAGEMENT PREPAREDNESS (HMEP) GRANT – EMERGENCY MANAGEMENT
        WHEREAS, the New York State Emergency Response Commission has announced that grants are
available to Local Emergency Planning Committees (LEPCs), and
        WHEREAS, Planning grant money is now available for grant year Year-Eigthteen October 1, 2010-
September 30, 2011, and
        WHEREAS, the purpose of these grants is to improve and implement emergency plans under the
Emergency Planning and Community Right-to-Know Act of 1986, and
        WHEREAS, we have been invited to apply for the grant with an award of a minimum $2,930.00 for year
eighteen.
        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. 103 Motion by Barnes, Second by Field.
RE: AUTHORIZE AGREEMENT WITH SOFT CODE INC. FOR MAINTENANCE OF CIVIL SYSTEM
        SOFTWARE – SHERIFF’S OFFICE
        WHEREAS, the Schuyler County Sheriff’s Office utilizes a software program to manage its Civil
Department transactions, and
        WHEREAS, the software requires updates, maintenance and support from Soft Code Inc. for an annual
fee of $800.00 and funding is available in the 2011 budget for such agreement.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a 2011 agreement for one year, effective upon said purchase with Soft Code Inc. for software
maintenance of the Civil System software, funding is available in the 2011 budget year account no. 3150.0400;
subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 104 Motion by Karius, Second by Yuhasz.
RE: AUTHORIZE AMENDMENT TO THE CONTRACT WITH MEDTOX LABORATORIES INC. TO
        PERFORM LAB URINE SCREENS - PROBATION DEPARTMENT
        WHEREAS, the Schuyler County Probation Department already has a contract with Medtox
                                      PROCEEDINGS OF THE YEAR 2011                                            41
Laboratories to perform screen confirmations, and
        WHEREAS, an amendment to the existing contract will allow Medtox Laboratories to also perform lab
urine screens for the Department, and
        WHEREAS, Medtox Laboratories has submitted an amended proposal to the Schuyler County Probation
Department to provide urine screen tests to detect Ethyl Glucuronide (ETG) and Ethyl Sulfate (ETS) indicating
alcohol use up to 80 hours after alcohol is consumed. Each ETG/ETS lab urine screen will cost $12. Any
positive screen will be confirmed with further testing at an additional cost of $20 each.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign an amendment to the contract with Medtox Laboratories Inc., to include ETG/ETS testing, at the prices
stated above, for the term of the contract October 31, 2010 through October 31, 2013, subject to approval of the
Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 105 Motion by Karius, Second by Yuhasz.
RE: AUTHORIZING ARBOR DEVELOPMENT TO SUBMIT AN APPLICATION TO THE
        DEPARTMENT OF HOUSING AND COMMUNITY RENEWAL FOR A COMMUNITY
        DEVELOPMENT BLOCK GRANT ON BEHALF OF SCHUYLER COUNTY
        WHEREAS, Schuyler County is an eligible applicant for the Community Development Block Grant
(CDBG) Small Cities Program, in the amount for 2011 to be not more than $250,000, and
        WHEREAS, Arbor Development, Inc. is desirous of continuing its program of housing rehabilitation for
low and moderate income households, and
        WHEREAS, said housing rehabilitation activities are an eligible expenditure of CDBG funds, and
        WHEREAS, under the CDBG Program, Schuyler County is permitted to contract with Arbor
Development, Inc. to provide said rehabilitation.
        NOW THEREFORE, BE IT RESOLVED, that Arbor Development is hereby authorized to submit an
application to the Department of Housing and Community Renewal for a Community Development Block
Grant to provide funding for housing rehabilitation, and
        BE IT FURTHER RESOLVED, the Chairman of the Schuyler County Legislature is hereby authorized
to sign the application, and
        BE IT FURTHER RESOLVED, that should said grant be awarded to Arbor Development, the Schuyler
County Treasurer is hereby authorized to deposit said grant in the appropriate line item in the Schuyler County
Budget, and
        BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature and the
Executive Director of Arbor Development is hereby authorized to sign all appropriate and necessary documents
to implement said grant, subject to the approval of the Schuyler County Attorney, and
        BE IT FURTHER RESOLVED, a certified copy of this resolution shall be forwarded to the Executive
Director, Arbor Development, Inc., 16 William Street, Bath, New York 14810.
Vote 8-0.
RESOLUTION NO. 106 Motion by Karius, Second by Yuhasz.
RE: AUTHORIZE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, REVIEW AND
        MODIFICATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT #3
        WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b),
Schuyler County holds an annual agricultural district enrollment period from January 15th to February 15th of
each year, and
       WHEREAS, in 2011 the County did receive three requests from landowners for inclusion in Schuyler
County Agricultural District #3, and
        WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on February 28,
2011 that all of these requests are comprised of substantially viable agricultural land contained wholly within
the following parcels:
                109.00-1-1.2 containing 43 acres owned by Timothy Collins
                99.00-1-1.2 containing 44.6 acres owned by Timothy Collins
                88.00-1-13 containing 108 acres owned by John Mace Jr.
42                                    SCHUYLER COUNTY LEGISLATURE
                109.00-1-24.1 containing 10 acres owned by Leslie and Bonnifer Schweizer, and
        WHEREAS, Schuyler County has determined that the action to include 205.6 acres into Schuyler
County Agriculture District #3, is an unlisted action and has elected to use form RA-115 provided by NYS
Department of Agriculture and Markets to assess any environmental impacts.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature has reviewed the
potential impacts of the proposed modification of Schuyler County Ag District #3 and found that there will be
no significant negative environmental impacts associated with this action, and that inclusion of approximately
205.6 acres of farm and agricultural resource land will strengthen the position of agriculture within our
communities.
Vote 8-0.
RESOLUTION NO. 107 Motion by Barnes, Second by Gifford.
RE: SETTING A PUBLIC HEARING FOR ANNUAL AGRICULTURAL DISTRICT ENROLLMENT
        FOR 2011
        WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b),
Schuyler County holds an annual agricultural district enrollment period from January 15th to February 15th of
each year, and
        WHEREAS, in 2011 the County did receive three requests from landowners for inclusion in Schuyler
County Agricultural District #3, and
        WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on February 28,
2011 that all of these requests are comprised of substantially viable agricultural land contained wholly within
the following parcels:
                109.00-1-1.2 containing 43 acres owned by Timothy Collins
                99.00-1-1.2 containing 44.6 acres owned by Timothy Collins
                88.00-1-13 containing 108 acres owned by John Mace Jr.
                109.00-1-24.1 containing 10 acres owned by Leslie and Bonnifer Schweizer, and
        WHEREAS, it has been determined that the action to include 205.6 acres of farmland to Agricultural
District #3 will not have any significant negative environmental impacts, and
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does intend to hold a
public hearing for consideration of the recommendations by the Board on the inclusion of said parcels on May
9, 2011 at 6:45 p.m. at its Regular Meeting of the Legislature.
Vote 8-0.
RESOLUTION NO. 108 Motion by Barnes, Second by Gifford.
RE: RESOLUTION IN SUPPORT OF THE SALE OF WINE IN NEW YORK FOOD STORES
        WHEREAS, this act will create and enhance revenues for New York State and its localities by allowing
marketing of wines through food markets statewide, and
        WHEREAS, this act will give the wine consumer easier access to a broader choice of wines produced
within New York State, and
        WHEREAS, this act is consistent with the goals of the Schuyler County Agriculture and Farmland
Protection plan and is supported by the NYS Farm Bureau as providing for more opportunities in the free
market for our NYS farm industry, and
        WHEREAS, this act will encourage expansion of acreage in viticulture, and in doing so will help
preserve and enhance the unique view sheds and vistas found in our grape and wine producing regions, and
        WHEREAS, the wine industry and related tourism industry of New York is a vital economic driver all
across our great state. The multiplier effect of dollars invested into agriculture is widely recognized and the sale
of wine in New York food stores can only foster sustainable gains in New York’ grape growing and wine
producing sector.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature feels that the sale of
wine in New York food stores is a timely and necessary updating of New York law that will have broad positive
economic benefits for New York consumers, grape growers, vintners and distributors of New York wines, and
        BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges prompt consideration and
enactment of wine sales in New York food stores and that certified copies be forwarded to Governor Cuomo,
                                       PROCEEDINGS OF THE YEAR 2011                                           43
Senator Tomas F. O’Mara., Assemblyman Christopher S. Friend, and the New York State Association of
Counties (NYSAC), Inter-County Association of Western New York, and the Watkins Glen Area Chamber of
Commerce.
DISCUSSION: Legislator Halpin feels they are pitting two business sectors against each other and the New
York State Legislature has no business being involved in this.
Vote 8-0.
RESOLUTION NO. 109 Motion by Barnes, Second by Gifford.
RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD
        BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of the
following youth for a one year term of April 1, 2011 – December 31, 2011 to the Schuyler County Youth
Board.
Jessi Woodward
Vote 8-0.
RESOLUTION NO. 110 Motion by Halpin, Second by Field.
RE: AUTHORIZE AGREEMENT WITH MONTOUR GLASS FOR REPAIR SERVICES – OFFICE FOR
        THE AGING
        WHEREAS, the Schuyler County Office for the Aging, as part of its mission under the EISEP, Caregiver
and WRAP programs, provides repairs and modifications to a client’s living environment, and
        WHEREAS, the Schuyler County Office for the Aging has monies under each funding stream related to
these specific needs, and
        WHEREAS, Montour Glass has agreed to provide services within the area of their expertise, and
        WHEREAS, the cost of services includes supplies, labor and mileage at an amount not to exceed $1,250,
and
        WHEREAS, in keeping with the practice of requesting donations for services rendered by the Office for
the Aging, the cost of the services could be minimized or covered by the donations requested and collected from
participants.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign any and all contracts and agreements with Montour Glass for the purpose of providing home repairs,
modifications and installations for EISEP, Caregiver and WRAP clients as identified and approved by the
Schuyler County Office for the Aging through the OFA budget account no. 6772.0401 for the term of April 1,
2011 through December 31, 2011, said contract subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 111 Motion by Halpin, Second by Field.
RE: PROCLAIM MAY 2011 AS OLDER AMERICANS MONTH – OFFICE FOR THE AGING
        WHEREAS, Schuyler County is a community in which over 3,700 citizens age 60 and over make their
home; and
        WHEREAS, the older adults in Schuyler County are the roots from which our community grows, who
bestow gifts of wisdom and insight upon younger generations, and strengthen the bonds between neighbors to
create a better place to live; and
        WHEREAS, our society can be enhanced by older adults aging peacefully in their communities; and
        WHEREAS, the older adults in Schuyler County should be commended for their role in creating and
bolstering the fiber of our community and nation; and
        WHEREAS, our community can provide that recognition and respect by enriching the quality of life for
older Americans by, increasing their opportunities to remain in their communities as active and engaged
citizens, providing services, technologies, and support systems that allow seniors to foster and maintain
connections within the community and emphasizing the value of elders by publically recognizing their
contributions to the diversity, strength, and unity of our community.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim
May 2011 to be Older Americans Month and urges everyone to take time this May to honor our older adults and
the professionals, family members, and volunteers who care for them. Our recognition and involvement of older
44                                     SCHUYLER COUNTY LEGISLATURE
Americans can help us achieve stronger and more meaningful connections with each other and enrich our
community’s quality of life.
Vote 8-0.
RESOLUTION NO. 112 Motion by Halpin, Second by Field.
RE: AUTHORIZE APPOINTMENT OF AN EARLY INTERVENTION DESIGNEE – PUBLIC HEALTH
        BE IT RESOLVED, that the Schuyler County Legislature appoint Janel Walker as Designee to the Early
Intervention Program, effective immediately.
Vote 8-0.
RESOLUTION NO. 113 Motion by Halpin, Second by Yuhasz.
RE: RECOGNIZE MAY 2011 AS MENTAL HEALTH MONTH – HEALTH SERVICES
        WHEREAS, May has been celebrated as Mental Health Month since 1949, and
        WHEREAS, this is an annual observance designed to increase awareness about mental health and
mental illness, and
        WHEREAS, this observance allows us to remind Americans that caring for their mental health is as
important as taking care of their physical health because mental health impacts all areas of life, and
        WHEREAS, good mental health is essential to overall health and personal well-being, as well as
contributing to the ability to lead a healthy, balanced and productive life, and
        WHEREAS, emotional problems can impair a person’s thinking, feelings and behavior and, if ignored
over time, can become increasingly serious and disabling.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes May 2011
as Mental Health Month and encourages residents to increase their overall well-being by staying emotionally
healthy and productive.
Vote 8-0.
RESOLUTION NO. 114 Motion by Halpin, Second by Yuhasz.
RE: RECOGNIZE MAY 6 – 12, 2011 AS NATIONAL NURSES WEEK – HEALTH SERVICES
        WHEREAS, nursing is often described as an art and a science, and
        WHEREAS, nursing is a profession that embraces dedicated people with varied interests, strengths and
passions because of the many opportunities the profession offers, and
        WHEREAS, nurses work in emergency rooms, school based clinics, homeless shelters, hospitals, doctors’
offices, public health, mental health and many others, and
        WHEREAS, the many roles of nurses range from staff nurses to educators to nurse practitioners and nurse
researchers for the good of patient safety, and
        WHEREAS qualified nurses are aging out of the workforce but will be needed more in the future, due to
the aging of the general population.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes May 6 – 12,
2011 as National Nurses Week.
Vote 8-0.
RESOLUTION NO. 115 Motion by Halpin, Second by Yuhasz.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR CLINIC DIRECTOR POSITION –
        COMMUNITY SERVICES
        WHEREAS, the County Administrator has approved the filling of the Clinic Director position in the
Community Services Department.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature acknowledges the
appointment by George Roets, Director of Community Services and Public Health, of Mary C. Hayes as Clinic
Director at an annual salary of $51,000, effective Monday, April 25, 2011, said position is in Grade Level G of the
Management/Confidential Salary Plan.
Vote 8-0.
RESOLUTION NO. 116 Motion by Halpin, Second by Gifford.
RE: AUTHORIZE APPOINTMENTS TO LOCAL EARLY INTERVENTION COORDINATING
        COUNCIL – PUBLIC HEALTH
        WHEREAS, Resolution 25-11 appointed various people to the Local Early Intervention Coordinating
                                      PROCEEDINGS OF THE YEAR 2011                                               45
Council, and
        WHEREAS, Patricia Hurld and Lisa Crouch have resigned from the Council, and
        WHEREAS, there are additional members to be added to said Council.
        NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby approves the
appointment of the following individuals to the Local Early Intervention Coordinating Council, for the term
effective immediately through December 31, 2011:
Patricia Myers, QA Coordinator
Nikole Piper, Provider, OPWDD
Carolyn Tamayo, AOMC
J. Christopher Burns, Corporate Compliance
Kim Hanmore, Parent
Amy Mathews Crane, Parent
Karen LaGioia, NYS DOH
Vote 8-0.
RESOLUTION NO. 117 Motion by Halpin, Second By Gifford.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL
        CHILDREN WITH DISABILITIES FROM JULY 1, 2011 – JUNE 30, 2012 – PUBLIC HEALTH
        WHEREAS, Schuyler County must provide transportation to preschool children with disabilities.
        NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Public Health be hereby authorized to
advertise for bids for the transportation of preschool children with disabilities from July 1, 2011 through June 30,
2012, and
        BE IT FURTHER RESOLVED, that bids are to be marked “Sealed Bid” and received by the Clerk of the
Legislature at the County Office Building, 105 Ninth Street, Unit 6, Watkins Glen, New York 14891 no later than
9:15 a.m. on Friday, May 13, 2011. 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 13, 2011 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. 118 Motion by Halpin, Second by Gifford.
RE: AUTHORIZE CONTRACT WITH STEUBEN COUNTY HEALTH CARE FACILITY FOR
        PRESCHOOL SERVICES – PUBLIC HEALTH
        WHEREAS, the Public Health Department is required to provide Preschool services for children, and,
        WHEREAS, Steuben County Health Care Facility is willing to be a provider for Preschool services, and
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into a Contract with Steuben County Health Care Facility for Preschool services, effective April 1, 2011 –
June 30, 2012, at the rate of $65.00 per half hour session, to be renewed annually, funds available in the Public
health budget, account no. 2960.0400, subject to the approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 119 Motion by Halpin, Second by Gifford.
RE: AUTHORIZE CONTRACT AMENDMENT WITH PROCURA, LLC-3M. – PUBLIC HEALTH
        WHEREAS, the sale of the Certified Home Health Agency is in progress, and
        WHEREAS, Public Health has a contract with Procura, LLC-3M. for home health software, and
        WHEREAS, Public Health will need to amend the contract with Procura, LLC-3M to include time
tracking and clinical documentation, but deleting certain services no longer required at a reduced cost.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
execute a contract amendment with Procura, LLC-3M for software maintenance services for the term May 1,
2011 through December 31, 2011, funding available in the 2011 budget 4010.0532, subject to the approval of
the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 120 Motion by Halpin, Second by Field.
46                                   SCHUYLER COUNTY LEGISLATURE
RE:      RESOLUTION AUTHORIZING THE ACCEPTANCE AND EXPENDITURE OF TEMPORARY
         ASSISTANCE FOR NEEDY FAMILIES (TANF)/AUTHORIZE AGREEMENT WITH THE
         SCHUYLER COUNTY YOUTH BUREAU FOR THE 2011 SUMMER YOUTH EMPLOYMENT
         PROGRAM (SYEP) – SOCIAL SERVICES
         WHEREAS Schuyler County has an interest in the employment and economic well being of its
residents, including youth, and
         WHEREAS, the New York State Office of Temporary and Disability Assistance (NYSOTDA) may
release TANF funds to Schuyler County for the purpose of providing a Summer Youth Employment
Program(SYEP), and
         WHEREAS, the Schuyler County Youth Bureau has significant experience and expertise in youth
programming and has in previous years successfully contracted with the Schuyler County Department of Social
Services to provide employment and training services to eligible youth and along with administrative oversight,
has operated the SYEP for the Department in prior years, and
         WHEREAS, in anticipation of the TANF SYEP funding from OTDA, the Schuyler County Youth
Bureau has been taking applications from potentially eligible youth and canvassing possible work-sites for
summer employment, and
         WHEREAS, the Department of Social Services proposes to contract with the Schuyler County Youth
Bureau for the operation of a Summer Youth Employment Program for the number of weeks supported by the
funding, from May to September, and
         WHEREAS, the total cost of the 2011 Schuyler County SYEP shall be no more than the amount
allocated to Schuyler County by OTDA, with no local share.
         NOW, THEREFORE BE IT RESOLVED that the Department of Social Services be authorized to
accept TANF SYEP funds from the State of New York, and
         BE IT FURTHER RESOLVED that the Chairman of the Legislature is hereby authorized to execute an
agreement between the Department of Social Services and the Schuyler County Youth Bureau for the operation
of the 2011 Summer Youth Employment Program subject to availability of funds in an amount not to exceed the
allocation from OTDA (with no local cost to the County), subject to the approval of the Schuyler County
Attorney.
Vote 8-0.
RESOLUTION NO. 121 Motion by Halpin, Second by Field.
RE: AUTHORIZE TANF SUMMER YOUTH EMPLOYMENT PROGRAM – YOUTH BUREAU
         WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the
strict income criteria of the Workforce Investment Act Employment Program, and
         WHEREAS, the Schuyler County Youth Bureau through a contract with the Department of Social
Services, will implement the Summer Youth TANF Employment program, provided funds are available, and
         WHEREAS, the program will employ up to 20 youth with the wages for the youth and supervisors paid
through the TANF money.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized
to hire and implement the above mentioned employment program from May 1, 2011 through September 30,
2011 for youth ages 14 – 21.
Vote 8-0.
RESOLUTION NO. 122 Motion by Larison, Second by Yuhasz.
RE: ACCEPT/REJECT QUOTES FOR THREE YEARS FOR HVAC WATER TREATMENT–
         BUILDINGS AND GROUNDS
         WHEREAS, quotes were received and opened on March 21, 2011 for HVAC Water Treatment for June
1, 2011 to May 31, 2014.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the
Building Maintenance Supervisor’s recommendation of the following low quote from, Water Wise, Inc., 75
Bermer Park, Suite 5, Rochester, NY 14624, for the HVAC Water Treatment contract for the Jail, Courthouse,
Human Services, Mill Creek, Shared Services and Records buildings at the low quote of $4,775.44 for the term
of June 1, 2011 to May 31, 2014 as broken down below, and that funding is available in Buildings and Grounds
                                    PROCEEDINGS OF THE YEAR 2011                                           47
budget account no. 1620.400:
                                         6/1/2011 – 5/31/2012: $1,545.00
                                         6/1/2012 – 5/31/2013: $1,591.35
                                         6/1/2013 – 5/31/2014: $1,639.09
                                           3 Year Total $4,775.44, and
        BE IT FURTHER RESOLVED, that the following quote be rejected from Jemco Water Treatment
Services, 7035 Van Buren Road, Syracuse, NY 13209, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a
contract with Water Wise, Inc., 75 Bermer Park, Suite 5, Rochester, NY 14624, at a cost of $4,775.44 for three
years, subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 123 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE AGREEMENT WITH SCHUYLER HEAD START FOR THE CREATION AND
        MAINTENANCE OF A SENSORY GARDEN – BUILDINGS & GROUNDS
        WHEREAS, Schuyler Head Start desires a garden that will provide an outdoor learning environment for
the children in addition to providing fresh produce, and
        WHEREAS, Schuyler Head Start has established a committed labor pool and plant donations to
maintain a Sensory Garden, and
        WHEREAS, Cornell Cooperative Extension desires to terminate their Community Garden Lease
Agreement with the County and has agreed to turn over the garden at the Human Services Complex to Head
Start, and
        WHEREAS, Head Start has agreed that the existing footprint of the garden, would remain the same.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a lease agreement with Schuyler Head Start for the Buildings & Grounds Department for a Sensory
Garden at the Human Services Complex, on an ongoing basis, subject to approval of the Schuyler County
Attorney.
Vote 8-0.
RESOLUTION NO. 124 Motion by Larison, Second by Yuhasz
RE: AUTHORIZE ENGINEERING CONSULTANT AGREEMENT WITH DELTA ENGINEERS,
        ARCHITECTS & LAND SURVEYORS, P.C. FOR THE DESIGN OF BOWER ROAD BRIDGE
        REPLACEMENT - HIGHWAY
        WHEREAS, Resolution No. 210-10 authorized the replacement of BIN 3332400, Bower Road Bridge
over Bolter Creek as a Federal-aid eligible project, and
        WHEREAS, there is money available in the 2011 budget account 5020.400 for said project.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign the necessary documents to retain Delta Engineers, Architects & Land Surveyors, P.C. for engineering
services for the replacement of Bower Road Bridge over Bolter Creek, subject to the approval of the Schuyler
County Attorney.
Vote 8-0.
RESOLUTION NO. 125 Motion by Larison, Second by Halpin.
RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS
        – PURCHASING
        WHEREAS, various departments have items to be declared surplus or junk.
        NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County
Legislature hereby declares the following assets surplus or junk, and
        BE IT FURTHER RESOLVED, that the following items are to be bid out, placed in storage for an
auction or disposed of.
                                                       JUNK
Asset #         Description                                              Department
6026            Optiplex GX520 Computer 7J0Q891                          Probation
4129            Battery Backup APC            N/A                        Real Property
48                                  SCHUYLER COUNTY LEGISLATURE
                                                SURPLUS
Asset #       Description                                     Department
6174          2002 Dodge Durango           1B4HS48N22F210651  Sheriff
              (Note that fixed asset has # 14BHS48NZZF210651)
6594          2007 Ford Crown Victoria 2FAHP71W47X142332      Sheriff
3549          Vehicle Surveillance Camera EW05163             Sheriff
3550          Vehicle Surveillance Camera EW05164             Sheriff
3551          Vehicle Surveillance Camera EW05165             Sheriff
4951          Eyewitness Video System      ES20138            Sheriff
5084          Eyewitness Video System      EV03669            Sheriff
3634          Mini Surv. Transmitter       T-916HP            Sheriff
3635          Video Surv. Receiver         607222             Sheriff
3636          Surveillance VCR             8286059            Sheriff
3637          Surveillance Camera          EM200L37           Sheriff
4587, 4591,   8) Laptop Mounts             N/A                Sheriff
4597, 4598,
4599, 4600,
4601 & 4602
Vote 8-0.
RESOLUTION NO. 126 Motion by Larison, Second by Halpin.
RE: AUTHORIZE CONTRACT WITH RACHAEL BORUCHOWITZ, J.D. FOR CHILD PROTECTIVE
        ATTORNEY SERVICES – COUNTY ATTORNEY’S OFFICE
        WHEREAS, the Schuyler County Department of Social Services has demonstrated the need for
additional assistance in the prosecuting of Abuse & Neglect cases, and
        WHEREAS, the cost of such assistance has been previously budgeted and approved in the amount of
$10,000.00, and
        WHEREAS, there is a conflict/overload attorney contract in place with Frederick M. Cerio, Esq., but it
is highly beneficial to have another attorney in place should Attorney Cerio not be available, and
        WHEREAS, any DSS cases, conflicts and overload cases assigned to Rachael Boruchowitz, J.D. shall
be paid at an hourly rate of $100.00.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Rachael Boruchowitz, J.D. for Child Protective Attorney Services for the County
Attorney’s Office at an hourly rate of $100.00 per hour, not to exceed $10,000.00, effective April 1, 2011
through December 31, 2011, funding available in the 2011 County Attorney budget account no. 1420.401; total
expenditures hereunder regardless of which attorney is assigned shall not exceed $10,000.00, subject to
approval by the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 127 Motion by Larison, Second by Halpin.
RE: ACCEPT/REJECT 2010 TAX AUCTION BIDS
        WHEREAS, the Schuyler County Treasurer is now holding tax deeds on certain properties which are
three or more years delinquent in tax payments, and
        WHEREAS, the Schuyler County Legislature had contracted for the auction sale of these properties and
such sale was conducted on March 19, 2011.
        NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts the following bids
to wit:
        BIDDER’S NAME:                         Richard and Tammy Barrett
        BIDDER’ ADDRESS:                       4208 Bergen Road, Odessa, NY 14869
        AMOUNT OF BID:                         $11,000.00
        FORMER OWNER:                          Park
        TAX MAP #:                             54.07-1-9
        LOCATION:                              Town of Hector/Village of Burdett
                   PROCEEDINGS OF THE YEAR 2011                           49
BIDDER’S NAME:         Paul Jayne
BIDDER’ ADDRESS:       1375 Gibson Road, Dundee, NY 14837
AMOUNT OF BID:         $1,500.00
FORMER OWNER:          Graham
TAX MAP #:             34-1-12.113
LOCATION:              Town of Hector
BIDDER’S NAME:         Thomas P. Morgan
BIDDER’ ADDRESS:       2427 Route 228, Odessa, NY 14869
AMOUNT OF BID:         $11,500.00
FORMER OWNER:          Church
TAX MAP #:             78.-1-81.2
LOCATION:              Town of Catharine

BIDDER’S NAME:           Joy E. Goodsell
BIDDER’ ADDRESS:         38 Main Street, Savona, NY 14879
AMOUNT OF BID:           $8,000.00
FORMER OWNER:            Knapp
TAX MAP #:               18.-1-23
LOCATION:                Town of Tyrone
BIDDER’S NAME:           David M. Sisson
BIDDER’ ADDRESS:         P.O. Box 240, Kanona, NY 14856
AMOUNT OF BID:           $3,000.00
FORMER OWNER:            Hurley
TAX MAP #:               50.05-1-19
LOCATION:                Town of Tyrone
BIDDER’S NAME:           Brian and Mary Ellen Croft
BIDDER’ ADDRESS:         2465 Jennings Road, Watkins Glen, NY 14891
AMOUNT OF BID:           $13,500.00
FORMER OWNER:            Rekczis
TAX MAP #:               42.12-1-20
LOCATION:                Town of Reading
BIDDER’S NAME:           Patrick Blauvelt and Shannon Hines
BIDDER’ ADDRESS:         2815 Irelandville Road, Watkins Glen, NY 14891
AMOUNT OF BID:           $10,500.00
FORMER OWNER:            Ellison
TAX MAP #:               52-1-33
LOCATION:                Town of Reading
BIDDER’S NAME:           Joy Goodsell
BIDDER’ ADDRESS:         38 Main Street, Savona, NY 14879
AMOUNT OF BID:           $19,000.00
FORMER OWNER:            Gates
TAX MAP #:               81.-1-36.1
LOCATION:                Town of Orange
BIDDER’S NAME:           Paul Jayne
BIDDER’ ADDRESS:         1375 Gibson Road, Dundee, NY 14837
AMOUNT OF BID:           $5,750.00
FORMER OWNER:            Wiernicki
TAX MAP #:               24.-1-6.12
LOCATION:                Town of Hector
BIDDER’S NAME:           James Englert
BIDDER’ ADDRESS:         8896 Wixson Road, Hammondsport, NY 14840
50                                   SCHUYLER COUNTY LEGISLATURE
        AMOUNT OF BID:                       $57,000.00
        FORMER OWNER:                        Knapp
        TAX MAP #:                           18.-1-22
        LOCATION:                            Town of Tyrone
        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 8-0.
RESOLUTION NO. 128 Motion by Barnes, Second by Halpin.
RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING
        EMPLOYEES IN THE CSEA UNIT OF LOCAL 849, UNIT #8600, AFSCME, CSEA LOCAL 1000
        FOR THE SCHUYLER COUNTY ADMINISTRATIVE UNIT
        WHEREAS, representatives of the County have engaged in Collective Bargaining with the Schuyler
County Administrative Unit CSEA (“the Association”), and
        WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years 2011
through 2015 was reached with respect to employees in the Association, and
        WHEREAS, the Association duly ratified the tentative agreement on March 16, 2011.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby ratify and
approve of the terms and contents of said collective bargaining agreement between the County of Schuyler and
the Schuyler County Administrative Unit CSEA, and
        BE IT FURTHER RESOLVED, that the Chairman of this Legislature be hereby authorized to execute
the aforementioned agreement.
Vote 8-0.
RESOLUTION NO. 129 Motion by Barnes, Second by Halpin.
RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE SCHUYLER COUNTY
        ADMINISTRATIVE UNIT CSEA – BOARD OF DIRECTORS REIMBURSEMENT
        WHEREAS, during the course of collective bargaining with the Administrative Unit CSEA, the parties
agreed to enter into a Memorandum of Understanding as it relates to reimbursement to the County for
employees that attend CSEA Board of Directors meetings.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a Memorandum of Agreement with the Schuyler County Administrative Unit CSEA as outlined above;
subject to approval of labor counsel.
Vote 8-0.
RESOLUTION NO. 130 Motion by Barnes, Second by Halpin.
RE: AUTHORIZE ROTH CONTRIBUTIONS AS PART OF DEFERRED COMPENSATION PLAN –
        HUMAN RESOURCES
        WHEREAS, the Small Business Jobs Act of 2010 now permits Deferred Compensation Plan participants
to make Roth (post-tax) contributions, and
        WHEREAS, as a Plan Sponsor who is responsible for remitting contributions on behalf of employees,
the County must inform the NYS Deferred Compensation Plan of our ability and intention to implement the
Plan changes related to Roth Designated Contributions on or after July 7, 2011, and
        WHEREAS, the Treasurer’s Office is willing and able to accommodate the required after-tax deduction,
and corresponding payroll reporting.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute the NYS Deferred Compensation Plan Roth Contributions Participation Agreement with an
implementation date of July 7, 2011; subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 131 Motion by Larison, Second by Gifford.
                                      PROCEEDINGS OF THE YEAR 2011                                        51
RE: AUTHORIZE AMENDMENTS TO PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
         FOR THE SCHUYLER COUNTY FLEXIBLE SPENDING ACCOUNT
         WHEREAS, Resolution No. 266-04 approved ongoing authorization to have the Plan Document and
Summary Plan Description for the county’s Flexible Spending Plan updated as long as the cost remained the
same, and
         WHEREAS, the cost increased from $200 in 2004 to $300 in 2011, and
         WHEREAS, the document needed revisions to address the new definition of dependent, over-the-
counter medicines and drugs, as well as setting a new account limit for flexible health spending accounts
beginning January 1, 2013.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any necessary documents with EBS Benefit Solutions for the county’s Flexible Spending Plan and
Summary Plan Description; subject to approval by the Schuyler County Attorney, and
         BE IT FURTHER RESOLVED, that this authorization will remain in effect as long as the cost remains
the same and funding is appropriated therefore.
Vote 8-0.
RESOLUTION NO. 132 Motion by Larison, Second by Gifford.
RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL
         S.03997 AND ASSEMBLY BILL A.06265 AUTHORIZING AN ADDITIONAL 1% SALES TAX
         FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE
         LAW
         BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State
Legislature pass Senate Bill S.03997 and Assembly Bill A.06265 to adopt special legislation, an act to amend
the tax law, in relation to the tax law on sales and the compensating use tax to be imposed in the County of
Schuyler, and
         BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York
State Senator Thomas F. O’Mara, New York State Assemblyman Christopher S. Friend, and to the Majority and
Minority Leaders of the New York State Assembly and Senate.
Vote 8-0.
RESOLUTION NO. 133 Motion by Larison, Second by Gifford.
RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL
         S. 03925 AND ASSEMBLY BILL A. 06227 ALLOWING THE SCHUYLER COUNTY
         INDUSTRIAL DEVELOPMENT AGENCY TO BE ABLE TO FINANCE AUTOMOBILE RACING
         FACILITIES
         BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State
Legislature pass Senate Bill S.03925 and Assembly Bill A.06227 to adopt special legislation, allowing the
Schuyler County Industrial Development Agency to be able to finance automobile racing facilities, and
         BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York
State Senator Thomas F. O’Mara, New York State Assemblyman Christopher S. Friend, and to the Majority and
Minority Leaders of the New York State Assembly and Senate.
Vote 8-0.
RESOLUTION NO. 134 Motion by Gifford. Second by Barnes.
RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 2011 SETTING THE SALARY FOR THE POSITION
         OF COUNTY TREASURER
         WHEREAS, County Law permits and requires the Legislature to set the salaries of all officials paid
from County funds.
         NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2 of the year 2011 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
May 9, 2011 at 6:50 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen,
NY.
                              LOCAL LAW INTRO. NO. 2 OF THE YEAR 2011
52                               SCHUYLER COUNTY LEGISLATURE
       A Local Law Setting the Salary for the Position of Treasurer for the fiscal years 2012, 2013, 2014 and
2015.
Section 1.      LEGISLATIVE INTENT
        This Local Law in enacted pursuant to Sections 200 and 201 of the County Law for the purpose of
setting the salary of the position of Treasurer for the fiscal years 2012, 2013, 2014 and 2015.
Section 2.      OFFICIALS/SALARIES
        Effective with the first County payroll for fiscal year 2012 the annual salary for the Treasurer shall be
adjusted by the Consumer Price Index (CPI) on top of the current 2011 salary hereby established, to wit:
                                TITLE                   2011 SALARY
                                County Treasurer        $53,576

        Effective with the first County payroll for fiscal years 2013, 2014, and 2015 the annual salary of the
following official shall continue to be adjusted by the Consumer Price Index (CPI). The CPI to be used for this
adjustment will be the New York Area of the Urban Wage Earners and Clerical Workers (CPI-W) Group. The
adjustment will be made annually based on the CPI from the July Bureau of Labor Statistics data report.
Vote 5-3. No; Field, Halpin, Karius.
RESOLUTION NO. 135 Motion by Gifford, Second by Barnes.
RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL
        S.04267 AND ASSEMBLY BILL A.06724 TO ENACT LEGISLATION TO AUTHORIZE THE
        COUNTY OF SCHUYLER TO CONVEY TO SENECA HARBOR PLACE, LLC, AN EASEMENT
        THROUGH LAND LOCATED IN THE COUNTY’S SENECA HARBOR PARK
        BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State
Legislature pass Senate Bill S.04267 and Assembly Bill A.06724 to adopt special legislation, amending New
York State law to allow the Schuyler County Legislature to convey to Seneca Harbor Place, LLC, a permanent
easement of the described parcel attached through land located in the County’s Seneca Harbor Park, contingent
upon satisfactory compliance with the requirements of the Office of Parks, Recreation and Historic
Preservation, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York
State Senator Thomas F. O’Mara, New York State Assemblyman Christopher S. Friend, and to the Majority and
Minority Leaders of the New York State Assembly and Senate.
Vote 8-0.
RESOLUTION NO. 136 Motion by Gifford, Second by Barnes.
RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2011 AMENDING LOCAL LAW
        NO. 3 OF THE YEAR 2009 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS FOR
        FISCAL YEARS 2010-2013 TO ALSO INCLUDE THE CPI INCREASE FOR THE DISTRICT
        ATTORNEY SALARY
        WHEREAS, Local Law Intro. No. 1/Local Law No. 2 of the Year 2011 to amend Local Law No. 3 of
the Year 2009 Setting Salaries for Certain Elected Officials for Fiscal Years 2010, 2011, 2012, 2013 to also
include the CPI increase for the District Attorney salary was heretofore introduced and appropriate notice
established in the official newspaper regarding a public hearing to be held April 11, 2011 at 6:45 p.m., and
        WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this
Legislature has duly considered the adoption and passage of said Local Law.
        NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. 2 of the Year
2011, 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 2011, together with
the required text thereof in the official county newspaper.
                  LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2011
        A Local Law to amend Local Law No. 3 of the Year 2009 Setting Salaries for Certain Elected Officials
for Fiscal Years 2010, 2011, 2012, 2013 to also include the CPI increase for the District Attorney salary.
        Be it enacted by the Legislature of the County of Schuyler that Section 2 be amended as follows:
                                      PROCEEDINGS OF THE YEAR 2011                                             53
Section 2.      OFFICIALS/SALARIES
        Effective with the first County payroll for fiscal years 2010, 2011, 2012 and 2013 the annual salaries of
the following officials shall be adjusted by the Consumer Price Index (CPI). The CPI to be used for this
adjustment will be the New York Area of the Urban Wage Earners and Clerical Workers (CPI-W) Group. The
adjustment will be made annually based on the CPI from the July Bureau of Labor Statistics data report.
                TITLE                         CURRENT SALARY
                Legislators                   $7,143
                Sheriff                       $69,573
                County Clerk                  $57,573
                District Attorney             $124,113
Section 3.      EFFECTIVE DATE
        This Local Law shall take effect immediately upon the filing with the Secretary of State.
Vote 5-3. No; Field, Halpin, Karius.
RESOLUTION NO. 137 Motion by Karius, Second by Gifford.
RE: AUTHORIZE APPOINTMENT TO THE SOUTHERN TIER CENTRAL REGIONAL PLANNING &
        DEVELOPMENT BOARD (STCRP&D) TO FILL AN UNEXPIRED TERM
        WHEREAS, Kelsey Jones is not able to fulfill his term on the STCRP&D board, and
        WHEREAS, Stewart F. Field, Jr. is willing to fill the unexpired term from April11, 2011 through
December 31, 2011 as a member at large.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize
the appointment of Stewart F. Field, Jr. to the STCRP&D Board to fill the unexpired term from April 11, 2011
through December 31, 2011.
Vote 8-0.
RESOLUTION NO. 138 Motion by Karius, Second by Gifford.
RE: AUTHORIZE APPOINTMENTS TO THE LAMOKA/WANETA LAKES’ REHABILITATION &
        PROTECTION DISTRICT (L/WLR&PD)
        WHEREAS, a few members terms have expired for the Lamoka/Waneta Lakes’ Rehabilitation &
Protection District, and
        WHEREAS, Resolution Number 99-11 authorized removing the term limits for said Committee, and
        WHEREAS, there have been members appointed to fill the expired terms.
        NOW, THERFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the
appointment of Dennis Fagan as the Schuyler County Legislative Representative to the L/WLR&PD for a term
of April 11, 2011 through December 31, 2011 to replace Stewart F. Field, Jr., and
        BE IT FURTHER RESOLVED, that Kevin Morris was reappointed as the Waneta Lake Resident
representative for a term of January 1, 2011 through December 31, 2014, and
        BE IT FURTHER RESOLVED, that Joe Sevier was appointed by the Town of Tyrone as the Tyrone
Elected Official for a term of March 8, 2011 through December 31, 2012.
Vote 8-0.
RESOLUTION NO. 139 Motion by Karius, Second by Gifford.
RE: ESTABLISH LEAD AGENCY STATUS FOR PUBLIC ENTERTAINMENT (OUTDOOR) –
        REGULATING/LICENSING
        WHEREAS, Local Law No. 4 of the Year 2010 established a process for applications and permits
pertaining to Public Entertainment (Outdoor) – Regulation/Licensing, and
        WHEREAS, in compliance with NYCRR Part 617 State Environmental Quality Review (SEQR),
Schuyler County must review the potential environmental impacts associated with the issuance of a permit
under Local Law No. 4 of the Year 2010, Public Entertainment (Outdoor) – Regulating/Licensing, and
        WHEREAS, the Schuyler County Legislature has determined that the proposed action is Unlisted and
would be best served by a coordinated review including potential involved agencies, and has received a
complete Environmental Assessment Form (EAF) from the applicant, Watkins Glen International, Inc.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts the EAF and
does intend to establish lead agency status of the purposes of the environmental review of this action, and will
54                                   SCHUYLER COUNTY LEGISLATURE
notify involved agencies of this intent. If, after 30 days time no involved agency challenges this status, then the
Schuyler County Legislature will consider itself to hold lead agency status, and will proceed with the review.
Vote 8-0.
RESOLUTION NO. 140 Motion by Field, Second by Halpin.
RE: RESOLUTION URGING THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
        CONSERVATION TO CONTINUE TO FUND THE STORMWATER MANAGEMENT POSITION
        IN REGION 8
        WHEREAS, the Stormwater Management Specialist position for five counties (Chemung, Schuyler,
Seneca, Steuben and Yates) is scheduled for termination at the end of May in Region 8. The loss of this position
would be a major setback for the stormwater management program in our region. The Stormwater Management
Specialist provides training and educational assistance for the State Pollutant Discharge Elimination System
(SPDES) General Permit for Stormwater Discharges from Construction Activity GP-01-l0 and Municipal
Separate Storm Sewer System (MS4s) GP-0-l0.-002, and
        WHEREAS, this position performs SWPP reviews, site inspections, maintains up-to-date knowledge to
the state permit program and technical assistance, which helped make the stormwater program a successful one
in the counties in which this position serves, and
        WHEREAS, the Stormwater Management Specialist is also needed to prevent stormwater related water
quality and quantity problems from expanded gas drilling. This proposed development of shale resources could
involve significant amounts of construction in this area by companies that are not yet familiar with New York’s
stormwater regulations, and
        WHEREAS, steady progress and success toward preventing runoff problems in rural and MS4 areas has
been attributed in part by the availability of trained staff dedicated to stormwater management outreach,
education, and assistance. By providing training, SWPP review, recommendations, site inspections, the
Stormwater Management Specialist has prevented a significant number of violations.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature encourages the New
York State Department of Environmental Conservation to maintain the Stormwater Management Specialist
position for the five counties (Chemung, Schuyler, Seneca, Steuben and Yates) in Region 8 and to continue the
proactive approach in the stormwater management area by designating the funds produced by the stormwater
permit system to fund this position, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to
Assemblyman Philip A. Palmesano, Assemblyman Christopher S. Friend, Senator Thomas F. O’Mara, Angus
Eaton, General Permit Section, NYSDEC, Carol Lamb-LaFay, NYSDEC-Division of Water, Bureau of Water
Permits, Paul D’Amato, Director, NYSDEC Region 8, Dixon Rollins, Water Engineer, NYSDEC Region 8,
Jeffrey Parker, District Manager, Steuben County Soil & Water Conservation District; Mark Wafts, District
Manager, Chemung County Soil & Water Conservation District, James Balyszak, District Manager, Yates
County Soil & Water Conservation District, Jerry Verrigni, District Manager, Schuyler County Soil & Water
Conservation District, Paul Griswold, District Manager, Seneca County Soil & Water Conservation District,
Richard Calabrese, President, Inter-County Association of Western New York, and Stephen J. Acquario,
Executive Director, New York State Association of Counties.
Vote 8-0.
RESOLUTION NO. 141 Motion by Field, Second by Halpin.
RE: AUTHORIZE REQUEST FOR PROPOSALS (RFP’S) FOR APPLICATION AND MONITORING
        EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT
        (LAMOKA LAKE)
        WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to solicit RFP’S for
the application of the Herbicide Renovate on Lamoka Lake and the residual monitoring thereof.
        NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be hereby authorized to
advertise for RFP’s on or about April 20, 2011 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 proposals will be due no later than 3:00 p.m. on April 29, 2011.
Acceptance/rejection of the proposals will be done at a scheduled Regular Meeting of the Legislature. The
                                       PROCEEDINGS OF THE YEAR 2011                                           55
County of Schuyler reserves the right to accept or reject any and all proposals.
Vote 8-0.
RESOLUTION NO. 142 Motion by Field, Second by Halpin.
RE: AUTHORIZE REQUEST FOR PROPOSALS (RFP’S) FOR APPLICATION AND MONITORING
        EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT
        (WANETA LAKE)
        WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to solicit RFP’s for
the application of the Herbicide Renovate and Aquathol K on Waneta Lake and the residual monitoring thereof.
        NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be hereby authorized to
advertise for RFP’S on or about April 20, 2011 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 proposals will be due no later than 3:00 p.m. on April 29, 2011.
Acceptance/rejection of the proposals will be done at a scheduled Regular Meeting of the Legislature. The
County of Schuyler reserves the right to accept or reject any and all proposals.
Vote 8-0.
RESOLUTION NO. 143 Motion by Field, Second by Halpin.
RE: AUTHORIZE A GRANT ACCEPTANCE AND CONTRACT WITH THE STATE OF NEW YORK
        BOARD OF ELECTIONS
        WHEREAS, the County Board of Elections has received a non-competitive HAVA Health and Human
Services Grant in the amount of $897.00 per Contract Number T003127 for the purpose of Poll Site
Accessibility Improvements, and
        WHEREAS, said grant funds may be expended in the period from April 1, 2011 to September 30, 2015.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves
contract #T003127 with the NYS Board of Elections in the amount of $897.00 to be used according to terms
therein, and
        BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute said
contract T003127 with the New York State Board of Elections, subject to approval by the Schuyler County
Attorney.
Vote 8-0.
 NEW BUSINESS:
       The Clerk was seeking a verbal approval to authorize the National Prayer Group to use the Courthouse
lawn on May 5, 2011 to observe the day. The Legislature was okay with this.
       She also wanted to make sure that all legislators received her correspondence on the new Court Security
hours for the Courthouse Complex. The building will open at 9:00 a.m. and close at 5:00 p.m. Chairman Fagan
wanted to know what this meant for employees. The County Administrator explained that he will be meeting
with department heads. Some offices were open at 8:00 a.m. for the public and will not be able to do so without
placing our own security in place. Some counties affected by this change are shutting down from 12:00-1:00
p.m. for lunch and this was a state suggestion. They withdrew that proposal and will be staggering their lunches
now. Some counties are choosing to not be open until 9:15 and close at 4:30 for sweeps to occur in the
buildings prior to opening and closing. We will not.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES: None.
COUNTY ADMINISTRATOR’S REPORT:
       Administrator O’Hearn reported that the sale of the CHAA has received the Department of Health
approval for the management agreement. The tentative date of purchase will be May 2, 2011. They need to
finalize the professional services agreement yet, and the County Attorney is working with their attorney on that.
        He also reported that his office has received a complete application from Watkins Glen International,
Inc. for the mass gathering permit to cover all three of their events that occur between June and December,
2011. The SEQR is unfolding as we speak. He needs to review the application now, and it is about 400 pages
of light reading.
PUBLIC PARTICIPATION:
56                                   SCHUYLER COUNTY LEGISLATURE
       Legislator Field commented to Mrs. Ellison, that the Department of Social Services and the District
Attorney’s Office are currently working on a mass investigation on welfare fraud. Legislator Barnes informed
Mrs. Ellison that he will be in touch also with her to follow up on this claim.
       The Meeting adjourned at 7:05 P.M.
               Stacy B. Husted, Clerk

                                          REGULAR MEETING
                                             MAY 9, 2011

        The May 9, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Fagan. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of
Silence. All Legislators were present except Legislator Field who was excused. Assistant County Attorney
Dennis Morris and the County Administrator Timothy O’Hearn were also present.
PUBLIC PARTICIPATION:
        Mrs. Charlotte Dickens spoke as a County employee in regards to the smoking ban. She is a non smoker
and feels that passing the legislation on banning smoking on County properties takes away more personal
freedom of our employees and the public. She feels smoking outside does not harm people. Smoking inside
offices is another case. She is very grateful that smoking is not allowed in our offices.
6:45 PM - PUBLIC HEARING FOR CONSIDERATIONOF THE RECOMMENDATIONS BY THE
AGRICULTURAL AND FARMLAND PROTECTION BOARD ON THE INCLUSION OF FOUR
PARCELS, INTO AGRICULTURAL DISTRICT #3 LOCATED IN THE TOWNS OF CATHARINE
AND CAYUTA. No public in Attendance.
6:50 PM - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2 OF THE YEAR 2011 SETTING THE
SALARY FOR THE POSITION OF COUNTY TREASURER. No public in attendance.
RESOLUTION NO. 144 Motion by Larison, Second by Yuhasz.
RE: APPROVE THE MINUTES OF THE APRIL 11, 2011 REGULAR MEETING OF THE SCHUYLER
        COUNTY LEGISLATURE
        BE IT RESOLVED, that the minutes of the April 11, 2011 Regular Meeting of the Schuyler County
Legislature be approved.
Vote 7-0.
RESOLUTION NO. 145 Motion by Halpin, Second by Gifford.
RE: AUTHORIZE USE AND DISSEMINATION AGREEMENT WITH THE NEW YORK STATE
        POLICE FOR USE OF NEW YORK STATEWIDE POLICE INFORMATION NETWORK (NYSPIN)
        SERVICES AS HOSTED THROUGH THE INTEGRATED JUSTICE PORTAL - PROBATION
        WHEREAS, Schuyler County Probation uses the Integrated Justice Portal to access Department of
Motor Vehicle (DMV) records and COMPASS, a probation risk assessment tool, and there are plans to combine
E-Justice into the Integrated Justice Portal which would include NYSPIN searches, and
        WHEREAS, the Division of New York State Police is responsible for maintenance of NYSPIN and is
asking for a signed Use and Dissemination Agreement by Schuyler County agreeing to utilized the NYSPIN
feature through the Integrated Justice Portal per New York State and Federal law.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a Use and Dissemination Agreement between Schuyler County Probation and the Division of New
York State Police for the use of the NYSPIN services as provided through the Integrated Justice Portal, at no
cost to the County, subject to approval of the Schuyler County Attorney.
Vote 7-0.
RESOLUTION NO. 146 Motion by Halpin, Second by Gifford.
RE: AUTHORIZATION TO CREATE AND FILL A SOCIAL WELFARE EXAMINER POSITION IN
        THE EMPLOYMENT UNIT – SOCIAL SERVICES
        WHEREAS, the Employment Unit in the Department of Social Services is responsible for assisting
recipients of Temporary Assistance in finding employment in order to reduce the welfare rolls, and
                                       PROCEEDINGS OF THE YEAR 2011                                         57
        WHEREAS, the Employment Unit has a Unit Supervisor, a Mobile Work Crew Supervisor, two Office
of Temporary & Disability Assistance workers who work one day each with Schuyler County welfare
recipients, and a Keyboard Specialist (Grade 2) to assist with clerical functions, and
        WHEREAS, the Employment Unit lost a full time Employment Program Specialist position (Grade 8) in
2010 due to staff reductions, which has had an adverse impact on reducing the welfare rolls, and
        WHEREAS, it is the desire of the Commissioner of Social Services to create and fill a Social Welfare
Examiner (SWE) position (Grade 6) in the Employment Unit, upon the approval of the County Administrator,
who will: assist welfare recipients with job search; assist in Job Club meetings, which prepares recipients to
obtain and hold jobs; assist recipients in developing resumes at Workforce NY; ensure recipients have been
coded correctly in the Welfare Management System (WMS); enter income information in the WMS for
recipients who become employed so that cash assistance cases are closed or reduced in a more timely manner;
and other duties to get welfare recipients off the welfare rolls, and
        WHEREAS, the cost of the upgrade will be $1,534.68 annually, of which approximately $540 is local
share.
        NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of the Schuyler County Department
of Social Services be authorized to create and fill a Social Welfare Examiner position in the Department at
Grade 6 at an hourly wage of $15.57, as set forth in the CSEA Administrative Unit Contract, effective May 16,
2011, funding available in the Department’s 2011 budget, line 6010.100, and
        BE IT FURTHER RESOLVED, that a Keyboard Specialist position in the Department will be left
unfilled upon the filling of this Social Welfare Examiner position.
Vote 7-0.
RESOLUTION NO. 147 Motion by Halpin, Second by Gifford.
RE: AUTHORIZE TRANSFER OF FUNDS – SOCIAL SERVICES
        WHEREAS, the Schuyler County Department of Social Services needs to transfer funds for Emergency
Assistance for Adults.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make
the following transfers in the 2011 budget as follows:
        AMOUNT             DESCRIPTION                                       ACCOUNT NO.
        - $15,000          Juvenile Delinquency                               6123.400
        +$15,000           Emergency Assistance for Adults                    6142.400
         - $ 7,500         State Aid – Juvenile Delinquency                   6123.3623
         + $7,500          State Aid – Emergency Assistance for Adults        6142.3642
Vote 7-0.
RESOLUTION NO. 148 Motion by Larison, Second by Barnes.
RE: AUTHORIZE SUPPLEMENTAL AGREEMENT FOR THE RIGHT OF WAY (ROW) AND
        PROPERTY APPRAISALS OF COUNTY ROUTE 4 BRIDGE REPLACEMENT- HIGHWAY
        WHEREAS, the replacement of PIN 6754.10, BIN 3332440, County Route 4 over Sawmill Creek is a
Federal-aid eligible project, and
        WHEREAS, a supplemental agreement is necessary for additional ROW surveys and acquisitions, and
        WHEREAS, Labella Associates 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 $17,100.00, funding available in the
2011 budget account no. 5020.400, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is herby authorized to sign the Just
Compensation Report for property appraisals for County Route 4 Bridge Replacement, and set the minimum
payment policy at $250.00; contracts and reports subject to the approval of the Schuyler County Attorney.
Vote 7-0.
RESOLUTION NO. 149 Motion by Larison, Second by Barnes.
58                                     SCHUYLER COUNTY LEGISLATURE
RE:     AUTHORIZE THE CREATION, FILLING AND ACKNOWLEGE APPOINTMENT OF A LESS
        THAN FULL-TIME ASSISTANT COUNTY ATTORNEY POSITION – COUNTY ATTORNEY’S
        OFFICE
        WHEREAS, the retirement of County Attorney, James P. Coleman, effective May 31, 2011, necessitates
a reorganization of the office for the remainder of the Year 2011, or until such time the vacancy can be filled,
and
        WHEREAS, an interim solution requires the creation and filling of a less than full-time Assistant
County Attorney position to work 20 hours per week, and
        WHEREAS, the County Attorney’s Office is requesting to create this position, upon the approval of the
County Administrator, and
        WHEREAS, funding for this position can be accomplished within the County Attorney’s Office 2011
budget.
        NOW, THEREFORE, BE IT RESOLVED, that the County Attorney’s Office is hereby authorized to
create and fill one less than full-time, 20 hours a week, Assistant County Attorney position, and
        BE IT FURTHER RESOLVED, that this Legislature acknowledges the appointment by Dennis J.
Morris, J.D., Acting County Attorney, in accordance with County Law §502, of Rachael Boruchowitz, J.D., at
an annual salary of $30,000, effective June 1, 2011 through the remainder of the Year 2011, or until such time
a new County Attorney is appointed.
Vote 7-0.
RESOLUTION NO. 150 Motion by Larison, Second by Barnes.
RE: AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN TO
        CREATE AND FILL A PURCHASING DIRECTOR POSITION/AUTHORIZE TRANSFER OF
        FUNDS FROM CONTINGENCY
        WHEREAS, the Purchasing Specialist position has developed into a more professional position,
allowing for the position to be under the general direction of the Legislature versus the County Administrator,
and
        WHEREAS, the revisions to the job specification have increased accountability as well as the
education/experience qualifications, and
        WHEREAS, the Personnel Officer has titled the position Purchasing Director to be created within the
Purchasing Department, and
        WHEREAS, the County Administrator and the Human Resources Director have completed the
following factor rating for the position of Purchasing Director:
        I        Accountability                         90
        II       Complexity of Duties                   30
        III      Experience/Knowledge                   85
        IV       External Contacts                      45
        V        Independent Judgment                   75
        VI       Internal Contact                       30
        VII      Impact on Programs/Adm                 25
        VIII Interpersonal Skills                       40
        IX       Supervision/Leadership                 50
                 TOTAL                                 470 = Grade E, and
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the creation of a full-
time Purchasing Director position, in grade level E of the Management Confidential Salary Plan in a salary
range of $36,769-$45,592, effective immediately, with some funding already present in the department’s 2011
budget account no. 6610.100, and the remainder to come from the contingency account no. 1990.500, and
        BE IT FURTHER RESOLVED, that the Legislature hereby appoints Harriett Vickio as Purchasing
Director at an annual salary of $42,575 effective immediately, and
        BE IT FURTHER RESOLVED, that $1,300 be transferred from Contingency account no. 1990.500 to
Purchasing account no. 1660.100 to cover the total cost of the salary increase.
Vote 7-0.
                                       PROCEEDINGS OF THE YEAR 2011                                          59
RESOLUTION NO. 151 Motion by Barnes, Second by Halpin.
RE: AUTHORIZE STIPULATION AND RELEASE OF CLAIMS AGREEMENT WITH THE
        SCHUYLER COUNTY ADMINISTRATIVE UNIT CSEA
        BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Stipulation
Agreement with the Administrative Unit CSEA, subject to the approval of labor counsel.
Vote 7-0.
RESOLUTION NO. 152 Motion by Barnes, Second by Halpin.
RE: AUTHORIZE CONTRACT RENEWAL WITH SYSTEMS DEVELOPMENT GROUP, INC. FOR
        IMAGE MATE ONLINE INTERNET ASSESSMENT SERVICE – REAL PROPERTY TAX
        WHEREAS, additional programming services are required to incorporate changes to the County’s
internet map server, and
        WHEREAS, the current contract must be renewed effective May 1, 2011.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract renewal in the amount of $2,400.00 with Systems Development Group, Inc. for the Real
Property Tax Service Agency for hosting Image Mate Online for the term of May 1, 2011 through April 30,
2012, funding available in the 2011 Real Property Tax Service budget account no. 1355.400; subject to
approval of the Schuyler County Attorney.
Vote 7-0.
RESOLUTION NO. 153 Motion by Barnes, Second by Halpin.
RE: AUTHORIZE CONTRACT WITH SANDRA TEETER FOR DEMOCRATIC DEPUTY ELECTION
        COMMISSIONER ASSISTANCE - BOARD OF ELECTIONS
        WHEREAS, Carolyn Elkins, Democratic Deputy Commissioner, will not be able to work for a period of
time during recovery due to emergency surgery, and
        WHEREAS, there is funding in the Board of Election’s 2011 budget to pay someone to take her place
on a contractual basis, for work leading up to her return, if need be, and
        WHEREAS, Sandra Teeter, a former Democratic Deputy Election Commissioner, has agreed to contract
with the County for this purpose, as needed.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
execute a contract with Sandra Teeter for Democratic Deputy Election Commissioner services for the Board of
Elections in 2011, at an hourly rate of $15.00 on an as needed basis, effective April 26, 2011, until such time
Carolyn returns to work, funding available in the 2011 Board of Elections budget account no. 1450.435-
Election Services; subject to approval of the Schuyler County Attorney.
Vote 7-0.
RESOLUTION NO. 154 Motion by Barnes, Second by Halpin.
RE: DECLARE A SMOKE FREE CAMPUS AT ALL SCHUYLER COUNTY BUILDINGS
        WHEREAS, the County’s current Smoking Policy complies with the Clean Indoor Air Act 2 and states
that the use of any form of tobacco shall be absolutely prohibited in all County-owned buildings, to include
County–owned vehicles, any means of mass transportation operated by the County, and any other areas where
the use of tobacco is prohibited by fire codes or State regulations, and
        WHEREAS, the Schuyler County Legislature now wishes to prohibit smoking for employees and public
on any campus of any county building for the following reasons:
             Protect the public health, safety and general welfare by eliminating exposure to secondhand
               smoke.
             Acknowledge the need of nonsmokers, especially children, to breathe smoke-free air,
               recognizing the danger to public health which secondhand smoke causes.
             Recognize that the need to breathe air free of the disease-causing toxins in secondhand smoke
               should have priority over the desire and convenience of smoking on the property of county
               buildings.
             Recognize the right and benefit to municipal residents and visitors to be free from unwelcome
               secondhand smoke while on the property of county buildings.
60                                    SCHUYLER COUNTY LEGISLATURE
        NOW, THEREFORE, BE IT RESOLVED, that signs shall be prominently posted upon the entrance to
all parking lots and entrances to all county buildings stating that Schuyler County Offices are Smoke Free and
SMOKING IS PROHIBITED, or NO SMOKING.
DISCUSSION: Legislator Larison said he opposes the smoking ban. He said some employees are addicted to
cigarettes and he feels they need to express the need for a reasonable distance. He does not feel they can
enforce the off property requirement, and he does object to this policy. There may be other counties that have
this, but he does not like it. Legislator Barnes told Legislator Larison that he appreciates his position, however,
he has spoken to a number of employees and they are in support of this ban. He has received very positive
feedback from them. He feels the Legislature is being a leader in this movement and he thinks we will see more
counties come forward with the same policy. We need to look at the future of our children and grand children.
Just last week, there had been two ladies standing outside the building at the Human Services Complex waiting
for the building to open. They were smoking less than 50 feet from the front entrance and the children at the
Schuyler Headstart School were outside right next to them. The 50 feet requirement has been neglected. He is
not saying that it is just employees, it is the public as well. If this was in affect when I witnessed the two ladies
out front he would have approached them and informed them that the County has a non smoking campus now.
Without this policy, how can we discourage this action? Legislator Larison said “I guess we agree to disagree”.
Legislator Halpin said smoking kills. She feels they need to do what they can to help keep people alive.
Chairman Fagan said there are no doubts about the benefits of this policy. Years ago there was opposition and
he feels they need to ban this now. The public has been educated and it is time they do this.
Vote 6-1. No: Larison.
RESOLUTION NO. 155 Motion by Barnes, Second by Halpin.
RE: AUTHORIZE APPOINTMENT TO FILL UNEXPIRED TERM ON THE SCHUYLER COUNTY
        PLANNING COMMISSION
        WHEREAS, Sharon Wiedemer has resigned from the Planning Commission, and
        WHEREAS, the Village of Montour Falls has a qualified candidate to fill her unexpired term.
        NOW, THEREFORE BE IT RESOLVED, the Schuyler County Legislature hereby approves the
appointment of the following individual to the below board, for the term May 9, 2011 through December 31,
2011, to wit:
                                            PLANNING COMMISSION
                              Sarah Chicone, Village of Montour Falls Representative
Vote 7-0.
RESOLUTION NO. 156 Motion by Barnes, Second by Halpin.
RE: AUTHORIZE APPLICATION FOR 2011-2012 SECTION 5311 ANNUAL OPERATING
        ASSISTANCE
        WHEREAS, the County of Schuyler is submitting a request for a grant of funds to the New York State
Department of Transportation, pursuant to Section 5311, Title 49 United States Code, for new fixed-route and
complementary paratransit service in Schuyler County, and from Schuyler County to and from adjacent
counties for 2011-2012, and
        WHEREAS, the County of Schuyler and the State of New York have entered into a continuing
Agreement which authorizes the undertaking of the Project and payment of the Federal Share.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to act on
behalf of the County of Schuyler to sign the annual grant application and process and complete the above
named project, and
        BE IT FURTHER RESOLVED, that the County of Schuyler will be contracting with a third party
subcontractor for the project described above, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to sign any contracts
or agreements between the County of Schuyler and any third party subcontractor necessary to complete the
above named Project, subject to approval by the Schuyler County Attorney.
Vote 7-0.
RESOLUTION NO. 157 Motion by Larison, Second by Barnes.
                                        PROCEEDINGS OF THE YEAR 2011                                           61
RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 2011 SETTING THE SALARY FOR THE POSITION
        OF COUNTY TREASURER
        WHEREAS, Local Law Intro. No. 2/Local Law No. 3 of the Year 2011 Setting the Salary for the
Position of County Treasurer was heretofore introduced and appropriate notice established in the official
newspaper regarding a public hearing to be held May 9, 2011 at 6:50 p.m., and
        WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this
Legislature has duly considered the adoption and passage of said Local Law.
        NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2/Local Law No. 3 of the Year
2011, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
        BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the
passage, enactment and adoption of Local Law Intro. No. 2/Local Law No. 3 of the Year 2011, together with
the required text thereof in the official county newspaper.
                                    LOCAL LAW NO. 3 OF THE YEAR 2011
        A Local Law Setting the Salary for the Position of Treasurer for the fiscal years 2012, 2013, 2014 and
2015.
Section 1.      LEGISLATIVE INTENT
        This Local Law in enacted pursuant to Sections 200 and 201 of the County Law for the purpose of
setting the salary of the position of Treasurer for the fiscal years 2012, 2013, 2014 and 2015.
Section 2.      OFFICIALS/SALARIES
        Effective with the first County payroll for fiscal year 2012 the annual salary for the Treasurer shall be
adjusted by the Consumer Price Index (CPI) on top of the current 2011 salary hereby established, to wit:
                                TITLE                   2011 SALARY
                                County Treasurer        $53,576
        Effective with the first County payroll for fiscal years 2013, 2014, and 2015 the annual salary of the
following official shall continue to be adjusted by the Consumer Price Index (CPI). The CPI to be used for this
adjustment will be the New York Area of the Urban Wage Earners and Clerical Workers (CPI-W) Group. The
adjustment will be made annually based on the CPI from the July Bureau of Labor Statistics data report.
Vote 6-2. Noes: Halpin, Karius.
RESOLUTION NO. 158 Motion by Larison, Second by Barnes.
RE: ACCEPTANCE OF 2011 AGRICULTURAL DISTRICT ANNUAL ENROLLMENT REQUESTS
        WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b),
Schuyler County holds an annual agricultural district enrollment period from January 15 th to February 15th of
each year, and WHEREAS, in 2011 the County did receive three request from landowners for inclusion in
Schuyler County Agricultural District #3, and
        WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on February 28,
2011 that all of these requests are comprised of substantially viable agricultural land contained wholly within
the following parcels:
        109.00-1-1.2 containing 43 acres owned by Timothy Collins
        99.00-1-1.2 containing 44.6 acres owned by Timothy Collins
        88.00-1-13 containing 108 acres owned by John Mace Jr.
        109.00-1-24.1 containing 10 acres owned by Leslie and Bonnifer Schweizer, and
        WHEREAS, Schuyler County has completed an environmental assessment of this action and found it to
have no significant negative environmental impact on April 11, 2011, and
        WHEREAS, Schuyler County did hold a public hearing on the inclusion of these parcels on May 9,
2011 at 6:45 pm, after duly notifying the Towns of Cayuta, Catharine and Montour and publishing a notice of
public hearing in the paper of record.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does accept these
requested inclusions into Schuyler County Agricultural District #3, and requests that the Commissioner of the
New York State Department of Agriculture and Markets certifies these inclusions.
Vote 7-0.
RESOLUTION NO. 159 Motion by Karius, Second by Halpin.
62                                    SCHUYLER COUNTY LEGISLATURE
RE:     MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR
        BE IT RESOLVED, that one (1) Resolution be brought to the floor.
Vote 6-0. Abstained: Barnes.
RESOLUTION NO. 160 Motion by Gifford, Second by Halpin.
RE: DECLARE NEGATIVE DECLARATION STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
        FOR ISSUANCE FOR PUBLIC ENTERTAINMENT PERMIT, WATKINS GLEN
        INTERNATIONAL, INC. 2011 EVENTS
        WHEREAS, in accordance with Local Law No. 4 of the Year 2010, Watkins Glen International, Inc., of
Watkins Glen, NY has applied for a Public Entertainment (Outdoor) Permit for the 2011 season of events, and
        WHEREAS, the proposed events are:
     Music Festival, June 30, 2011 – July 3, 2011
     Finger Lakes Wine Festival, July 15, 2011 – July 17, 2011
     NASCAR, August 11, 2011 – August 14, 2011, and
        WHEREAS, all events will take place at the Watkins Glen International facility located in the Town of
Dix, Schuyler County, NY, and
        WHEREAS, in compliance with NYCRR Part 617 State Environmental Quality Review (SEQR),
Schuyler County must review the potential environmental impacts associated with the issuance of a permit
under Local Law No. 4 of the Year 2010, Public Entertainment (Outdoor) – Regulating/Licensing, and
        WHEREAS, on April 11, 2011, Resolution No. 139-11, the Legislature declared its intent to serve as
lead agency for the environmental review and accepted the Environmental Assessment Form (EAF) and notified
involved agencies of this intent to serve as lead agency, and
        WHEREAS, no involved agencies challenged Schuyler County’s assertion of lead agency status within
the required 30-day waiting period, and the Schuyler County Legislature considers itself as lead agency in this
action.
        NOW, THEREFORE, BE IT RESOLVED, that upon review of the submitted EAF and the permit
materials provided by Watkins Glen International, Inc., and in consultation with the County Attorney and
County Administrator, the Schuyler County Legislature finds that the issuance of the Public Entertainment
(Outdoor) Permit for the proposed events listed in this resolution will not result in any significant negative
environmental impacts, and accordingly issues a negative declaration of environmental impact.
DISCUSSION: Administrator O’Hearn explained that this is an unlisted action per SEQR. It is above type two
level, but not a type one. This is for the musical event and the additional events held at WGI. He has received
the engineering documents and they have been given to the Health Department also. The areas to be impacted
are traffic management, emergency management services, and law enforcement. This is a SEQR permanent
application. Three events are of a temporary duration. He explained the environmental review process to the
Legislature. This Negative Declaration Summary is temporary.
Vote 6-0. Abstained: Barnes.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
        Legislator Barnes reported as Chairman of the Public Safety/Criminal Justice Committee. He had
attended a very informative meeting with the Probation Department about their Alternatives to Incarceration
Program. It is very interesting how this program works. He encouraged the press in attendance to inquire about
the program. This program is very well done and he wished it was in existence when he was a Deputy Sheriff.
COUNTY ADMINISTRATOR’S REPORT:
        Administrator O’Hearn said this is the week that the Property Tax Cap is to be enacted by the State
Legislature. NYSAC is reaching out to all elected officials to contact their Representatives and express your
concerns. As it stands right now, this legislation will be adopted without any mandate relief. There will be
action in the Assembly this week. Chairman Fagan said he feels this is the politicians in Albany telling us all to
trust them. We have received nothing from them on this. He feels this is a sham and is strictly political. They
are hand cuffing County’s.
                                 PROCEEDINGS OF THE YEAR 2011                                            63
PUBLIC PARTICIPATION: None.
     The Meeting adjourned at 6:51 P.M.
           Jamee L. Mack, Deputy Clerk

                                          SPECIAL MEETING
                                             JUNE 8, 2011

        The June 8, 2011 Special Meeting of the Schuyler County Legislature was called to order at 9:43 a.m.
by Chairman Fagan. The Pledge of Allegiance was led by Legislator Gifford and followed by a Moment of
Silence. All Legislators were present except Legislator Barnes and Legislator Karius who were excused.
County Administrator Timothy O’Hearn was also present. Acting County Attorney Dennis Morris was
excused.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 161 Motion by Larison, Second by Gifford.
RE: RATIFICATION OF SPECIAL MEETING
        BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon
the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the
following items of business:
1.      RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL
        S.04267B AND ASSEMBLY BILL A.06724B TO ENACT LEGISLATION TO AUTHORIZE THE
        COUNTY OF SCHUYLER TO CONVEY TO DORIS AND HENRY F. LEMBECK IV AN
        EASEMENT THROUGH LAND LOCATED IN THE COUNTY’S SENECA HARBOR PARK
2.      AUTHORIZE PAYMENT TO THOMAS G. MERRILL PROFESSIONAL LAND SURVEYOR FOR
        A SURVEY OF A PORTION OF SENECA HARBOR PARK – BUILDINGS & GROUNDS
Vote 6-0.
RESOLUTION NO. 162 Motion by Larison, Second by Gifford.
RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL
        S.04267B AND ASSEMBLY BILL A.06724B TO ENACT LEGISLATION TO AUTHORIZE THE
        COUNTY OF SCHUYLER TO CONVEY TO DORIS AND HENRY F. LEMBECK IV AN
        EASEMENT THROUGH LAND LOCATED IN THE COUNTY’S SENECA HARBOR PARK
        WHEREAS, Schuyler County Resolution N. 135-11 requested that the New York State Legislature pass
Senate Bill S.04267 and Assembly Bill A.06724 relative to enacting legislation to authorize the County of
Schuyler to convey an easement through land located in the County’s Seneca Harbor Park, and
        WHEREAS, said adjacent property is now owned by Doris and Henry F. Lembeck IV.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the
New York State Legislature pass Senate Bill S.04267B and Assembly Bill A.06724B to adopt special
legislation to allow the Schuyler County Legislature to convey to Doris & Henry F. Lembeck IV, a permanent
easement through land located in the County’s Seneca Harbor Park, and
        BE IT FURTHER RESOLVED, that the chairman and clerk of the Legislature are authorized to execute
and deliver the required home rule request documents requesting that the New York State Legislature adopt
such legislation, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York
State Senator Thomas F. O’Mara, New York State Assemblyman Christopher S. Friend, and to the Majority and
Minority Leaders of the New York State Assembly and Senate.
Vote 6-0.
RESOLUTION NO. 163 Motion by Larison, Second by Gifford.
RE: AUTHORIZE PAYMENT TO THOMAS G. MERRILL PROFESSIONAL LAND SURVEYOR FOR
        A SURVEY OF A PORTION OF SENECA HARBOR PARK – BUILDINGS & GROUNDS
        WHEREAS, Resolution No. 155-10 the Legislature authorized a SEQR for Alienation of a portion of
Seneca Harbor Park and declared lead agency relative to redevelopment of the Seneca Lake waterfront, and
        WHEREAS, said alienation of County property required a survey to be completed, and
64                                  SCHUYLER COUNTY LEGISLATURE
       WHEREAS, now a metes and bounds description is required by the State Assembly in order to amend
Legislation, and
       WHEREAS, said services were completed by Thomas G. Merrill professional Land Surveyor in the
amount of $225.00.
       NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes
payment to Thomas G. Merrill Professional Land Surveyor for a metes and bounds description of the portion of
Seneca Harbor Park for redevelopment of the Seneca Lake waterfront, funding available in the Facilities and
Grounds Capital Reserve Account No. 004.1620.209.
Vote 6-0.
       MOTION by Legislator Larison to go into Executive Session to discuss Employee Work History,
SECOND by Legislator Halpin. Motion carried six ayes to zero noes.
       MOTION by Legislator Gifford to come out of Executive Session, SECOND by Legislator Larison.
Motion carried six ayes to zero noes.
PUPLIC PARTICIPATION: None.
       The Meeting Adjourned at 10:23 a.m.
               Stacy B. Husted, Clerk

                                           REGULAR MEETING
                                              JUNE 13, 2011

        The June 13, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Fagan. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of
Silence. All Legislators were present. County Administrator Timothy O’Hearn and Acting County Attorney
Dennis Morris were also present.
PUBLIC PARTICIPATION:
        Sara Hanley, from the Southern Tier Tobacco Awareness Coalition, spoke in regards to the new signage
for a smoke free campus. She was not sure if they had all seen the draft design so she passed around a proof for
them to review. All Legislators were in favor of what was submitted.
RESOLUTION NO. 164 Motion by Larison, Second by Karius.
RE: APPROVE THE MINUTES OF THE MAY 9, 2011 REGULAR MEETING AND THE JUNE 8, 2011
        SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
        BE IT RESOLVED, that the minutes of the May 9, 2011 Regular Meeting and the June 8, 2011 Special
Meeting of the Schuyler County Legislature be approved.
Vote 8-0.
RESOLUTION NO. 165 Motion by Yuhasz, Second by Halpin.
RE: REQUESTING THAT THE STATE OF NEW YORK APPROPRIATELY DISBURSE THE
        STATEWIDE WIRELESS 911 CELLULAR SURCHARGE – EMERGENCY MANAGEMENT
        WHEREAS, New York State will collect approximately $192 million in fiscal year 2010 from the
Public Safety Communications Surcharge, and
        WHEREAS, the funding is distributed unfairly and inappropriately throughout the Public Safety
Answering Points within the State, and
        WHEREAS, Schuyler County is among the Public Safety Answering Points across New York State that
provide emergency call taking and dispatch service to all emergency service providers, including many New
York State agencies, and
        WHEREAS, Schuyler County receives an inappropriate amount of reimbursement from this surcharge
revenue.
        NOW THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature requests that the State
of New York appropriately disburse the $192 million collected to the 911 Public Safety Answering Points
across New York State for operational costs and continuing upgrades, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to Governor Andrew M.
Cuomo, Senator Thomas F. O’Mara, and Assemblyman Christopher S. Friend.
                                   PROCEEDINGS OF THE YEAR 2011                                          65
Vote 8-0.
RESOLUTION NO. 166 Motion by Yuhasz, Second by Halpin.
RE: AUTHORIZE AMENDING THE 2011 BUDGET FOR UPCOMING ADDITIONAL MUTUAL AID
        AT WATKINS GLEN INTERNATIONAL, INC. – SHERIFF’S OFFICE
        WHEREAS, due to the upcoming music festival to be held at Watkins Glen International in July, there
is a need to increase the Special Events Expense account and the Other Public Safety Income revenue account,
with all costs associated with this event being reimbursed by Watkins Glen International, Inc per agreement.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
amend the 2011 budget as follows:
        AMOUNT                 ACCOUNT NO.                   DESCRIPTION
        +$165,000              3110.317                      Special Events Expense
        +$165,000              3110.1589                     Other Public Safety Income Revenue
Vote 8-0.
RESOLUTION NO. 167 Motion by Yuhasz, Second by Halpin.
RE: AUTHORIZE 2011-2012 CONTRACT RENEWAL WITH AUTOMON CORPORATION FOR A
        SOFTWARE MAINTENANCE AGREEMENT - PROBATION DEPARTMENT
        WHEREAS, the Automon Corporation is to provide technical support services to the Schuyler County
Probation Department for the ongoing use of licensed software for probation case management services
(Caseload Explorer), and
        WHEREAS, these services are to be paid for out of the budget of the Schuyler County Information
Technology Department in the amount of $4,663.00.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Automon Corporation for the Schuyler County Probation Department for technical
support services as a customer of Caseload Explorer for the term of May 21, 2011 through May 21, 2012,
funding available in the 2011 Information Technology budget account no. 1680.400; subject to approval of the
Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 168 Motion by Barnes, Second by Larison.
RE: AUTHORIZE CONTRACT RENEWAL WITH BEHAVIORAL INTERVENTIONS INC. FOR
        ELECTRONIC HOME MONITORING WITH GLOBAL POSITIONING SYSTEM- PROBATION
        DEPARTMENT
        WHEREAS, Schuyler County Probation already uses electronic home monitoring with GPS capabilities
through Behavioral Interventions Inc., and
        WHEREAS, the use of this unit presents a cost to probation of $5.50 a day.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
renew a contract with Behavioral Interventions Inc. for Schuyler County Probation for the use of electronic
home monitoring equipment with GPS capabilities for the term of July 14, 2011 through July 14, 2016, with
funding available in the 2011-2012 probation budget account number 3140.382, subject to approval of the
Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 169 Motion by Barnes, Second by Larison.
RE: AUTHORIZE CONTRACT RENEWAL WITH BEHAVIORAL INTERVENTIONS INC. FOR
        ELECTRONIC HOME MONITORING WITH A LANDLINE CONNECTION AS A PASSIVE
        TRACKING UNIT - PROBATION DEPARTMENT
        WHEREAS, Schuyler County Probation already uses electronic home monitoring with a landline
connection as a passive tracking unit through Behavioral Interventions Inc., and
        WHEREAS, the use of this unit presents a cost to probation of $3.99 a day.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
renew a contract with Behavioral Interventions Inc. for Schuyler County Probation for the use of electronic
home monitoring equipment with passive tracking capabilities for the term of July 14, 2011 through July 14,
2016, with funding available in the 2011-2012 probation budget account number 3140.382, subject to approval
66                                   SCHUYLER COUNTY LEGISLATURE
of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 170 Motion by Barnes, Second by Larison.
RE: AUTHORIZE AMENDING THE 2011 BUDGET FOR INDIGENT LEGAL SERVICES FUND –
         PUBLIC DEFENDER
         WHEREAS, the Schuyler County Public Defender’s Office is in receipt of additional funding from the
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;
         NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorize the County Treasurer to amend
the 2011 Public Defender’s budget as follows:
         AMOUNT          ACCOUNT NO.                 DESCRIPTION
         + $8,173.00      1170.3389                  Other Public Safety Revenue
         + $6,500.00      1170.435                   Professional Fees/Services
         + $1,673.00      1170.409                   Conference Expense
Vote 8-0.
RESOLUTION NO. 171 Motion by Larison, Second by Halpin.
RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF A 2011/2012 VIDEO RECORDING OF
         STATEMENTS EQUIPMENT GRANT THROUGH THE NEW YORK STATE DIVISION OF
         CRIMINAL JUSTICE SERVICES (NYDCJS) - DISTRICT ATTORNEY
         WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services
for the purpose of purchasing and installing equipment to record suspect interrogations at the Schuyler County
Sheriff’s Department and the Watkins Glen Police Department, and
         WHEREAS, this Grant is estimated to be in the amount of $14,271.33 with no County match.
         NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County
District Attorney to submit a grant application for 2011/2012 Video Recording of Statements Equipment 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 $14,271.33 with no County match; said documents subject to approval by the Schuyler County
Attorney.
Vote 8-0.
RESOLUTION NO. 172 Motion by Larison, Second by Halpin.
RE: AUTHORIZE A 2011 HOUSEHOLD HAZARDOUS WASTE DAY AND GRANT BUDGET
         WHEREAS, the County holds a Household Hazardous Waste Collection Event annually, pending
funding, and
         WHEREAS, the County received a three year cost share grant from the New York State Department of
Environmental Conservation to hold three such events, and
         WHEREAS, 2011 is the 3rd and final year of said grant, and
         WHEREAS, the following budget allows the County to recoup the maximum amount of the grant and
utilizes the full amount the County budgeted as a match for the grant:
                                                           2010 Actual          2011 Proposed
Advertising & Promotions                                   $552                 $800

Supplies (trash removal, volunteer refreshments, etc.)    $105                $300
Household Hazardous Waste Contract                        $7,400              $10,000

Electronics Contract                                      $0                  $0
                                     PROCEEDINGS OF THE YEAR 2011                                           67

Tire Disposal Fee                                         $705                $700

Total Event Cost                                          $8,057              $11,800

Revenue from electronics collection in spring             0                   0

Revenue from tires and electronics                        $1,517              $1,050

DEC Reimbursement                                         $3,881              $2,670

Total County Cost after reimbursements                    $2,659              $8,080
         NOW, THEREFORE, BE IT RESOLVED, that the Legislature approves the Household Hazardous
Waste Day grant budget as presented.
Vote 8-0.
RESOLUTION NO. 173 Motion by Larison, Second by Halpin.
RE: AUTHORIZE CONTRACT WITH CLEAN VIBES, LLC FOR CLEAN UP YOUTH EMPLOYMENT
         PROGRAM FOR THE UPCOMING PHISH CONCERT AT WATKINS GLEN INTERNATIONAL,
         INC. – 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 Clean Vibes, LLC are desirous of
integrating a temporary cleanup program following the Phish Concert for the above mentioned youth, and
         WHEREAS, the program will employ approximately 40 youth with the wages for the youth and
supervisors to be reimbursed by Clean Vibes, LLC.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized
to hire and implement the above mentioned employment program from July 1, 2011 through July 10, 2011 for
youth ages 14 – 20, and
         BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the
contract with Clean Vibes, LLC as stated above; subject to approval by the County Attorney.
Vote 8-0.
RESOLUTION NO. 174 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE USE OF THE FAMILY PLAY AND RESOURCE CENTER FOR SUPERVISED
         VISITATIONS DURING NON OPERATING HOURS WITH CATHOLIC CHARITIES – YOUTH
         BUREAU
         WHEREAS, the Youth Bureau oversees the Family Play and Resource Center program, and
         WHEREAS, there is a need in Schuyler County for supervised visitations in an appropriate place for
children and parents, and
         WHEREAS, Catholic Charities of Schuyler County is looking to fill this need, and
         WHEREAS, the Family Play and Resource Center is not open for use on Mondays or after 2 PM on
Tuesday through Fridays, and
         WHEREAS, Resolution No. 400-10 authorized an agreement on a trial basis, and we would like to
continue this program for another six months beginning July 1, 2011 until December 31, 2011 at no cost for use
of the room.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign the aforementioned contract for the use of the Family Play & Resource Center for supervised visitation; at
no cost to the County; subject to approval by the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 175 Motion by Larison, Second by Yuhasz.
68                                     SCHUYLER COUNTY LEGISLATURE
RE:     PROCLAIM ELDER ABUSE AWARENESS DAY 2011- OFFICE FOR THE AGING AND
        DEPARTMENT OF SOCIAL SERVICES
        WHEREAS, Schuyler County has been informed by the International Network for the Prevention of
Elder Abuse that June 15, 2011 is annual World Elder Abuse Awareness Day, and
        WHEREAS, the Schuyler County Office for the Aging and the Department of Social Services, in
conjunction with the Finger Lakes Elder Abuse Coalition seek to educate the general public on issues of elder
mistreatment and to facilitate legislative change for the protection of the vulnerable elderly, and
        WHEREAS, elder abuse is grossly under reported because the elderly who are being abused find it very
difficult to tell anyone and are usually ashamed and sometimes afraid, and
        WHEREAS, nationally only 1 in 5 cases get reported, and
        WHEREAS, Schuyler Counties older citizens laid the foundation for the state and nation we enjoy
today, and
        WHEREAS, abuse of older persons is a tragedy inflicted on a vulnerable segment of the population that
crosses all socio-economic boundaries, and
        WHEREAS, combating abuse of older people will help to improve the quality of life for seniors across
Schuyler County and New York State, and will allow senior citizens to continue to live as independently and
vibrantly as possible, and
        WHEREAS, Schuyler County seniors should be treated with respect and dignity as they continue to
serve as leaders, mentors, volunteers, and important and active members of our councils, and
        WHEREAS, the County of Schuyler honors the countless contributions of its senior citizens, and
recognizes all efforts to end elder abuse as vital to the interests of the citizens of this County.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim
June 15, 2011 as World Elder Abuse Awareness Day, and
        BE IT FURTHER RESOLVED, to urge both the public and private sectors to join with this Board in
recognizing the contributions of all older Americans and the right of these Americans to live in peace and
dignity without fear of abuse, and in particular, those older Americans who are residents of Schuyler County.
Vote 8-0.
RESOLUTION NO. 176 Motion by Larison, Second by Yuhasz.
RE: RECOGNIZE ANNABELLE SPECCHIO AS THE NEW YORK STATE OFFICE FOR THE AGING
        SENIOR CITIZEN OF THE YEAR FOR SCHUYLER COUNTY – OFFICE FOR THE AGING
        WHEREAS, Mrs. Annabelle Specchio is a long time active citizen of Schuyler County, and
        WHEREAS, Mrs. Specchio has contributed to her community in various capacities including serving as
a Schuyler Hospital Auxiliary member and officer, Schuyler Hospital Director of Volunteers, American Legion
volunteer, Elks volunteer, has volunteered for various church activities and has held membership in both the
local Zonta and BPW Civic organizations, and
        WHEREAS, most specifically, Mrs. Specchio has organized the Schuyler Hospital Gift Shop for 15+
years, and
        WHEREAS, Mrs. Specchio deserves recognition for the contributions she has made for the betterment
of the community including the residents of the county as well as a multitude of visitors.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby recognize
Mrs. Annabelle Specchio as the New York State Senior Citizen of the Year and urges everyone to take time to
thank Mrs. Specchio for her continued dedication and enthusiasm.
Vote 8-0.
RESOLUTION NO. 177 Motion by Halpin, Second by Yuhasz.
RE: AUTHORIZE AGREEMENT WITH C&R ENTERPRISES FOR REPAIR SERVICES - OFFICE FOR
        THE AGING
        WHEREAS, the Schuyler County Office for the Aging, as part of its mission under the EISEP,
Caregiver and WRAP programs, provides repairs, removal of architectural barriers, maintenance of appliances,
installation of health and safety related items and modifications to a client’s living environment, and
        WHEREAS, the Schuyler County Office for the Aging has monies under each funding stream related to
these specific needs, and
                                        PROCEEDINGS OF THE YEAR 2011                                          69
        WHEREAS, Contractor, Ryan Davids of C&R Enterprises has agreed to provide services within his
areas of expertise, and
        WHEREAS, the cost of services includes supplies, labor and mileage, and
        WHEREAS, in keeping with the practice of requesting donations for services rendered by the Office for
the Aging, the cost of the services could be minimized or covered by the donations requested and collected from
participants.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign any and all contracts and agreements with C&R Enterprises for the purpose of providing home repairs,
modifications and installations for EISEP, Caregiver and WRAP clients as identified and approved by the
Schuyler County Office for the Aging through the OFA budget account no. 6772.0401 for the term of June 15,
2011 through December 31, 2011, said contract subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 178 Motion by Halpin, Second by Yuhasz.
RE: AUTHORIZE AGREEMENT WITH RICHARD DECKER FOR REPAIR SERVICES – OFFICE FOR
        THE AGING
        WHEREAS, the Schuyler County Office for the Aging, as part of its mission under the EISEP,
Caregiver and WRAP programs, provides repairs, removal of architectural barriers, maintenance of appliances,
installation of health and safety related items and modifications to a client’s living environment, and
        WHEREAS, the Schuyler County Office for the Aging has monies under each funding stream related to
these specific needs, and
        WHEREAS, Contractor, Richard Decker, has agreed to provide services within his areas of expertise,
and
        WHEREAS, the cost of services includes supplies, labor and mileage, and
        WHEREAS, in keeping with the practice of requesting donations for services rendered by the Office for
the Aging, the cost of the services could be minimized or covered by the donations requested and collected from
participants.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign any and all contracts and agreements with Richard Decker for the purpose of providing home repairs,
modifications and installations for EISEP, Caregiver and WRAP clients as identified and approved by the
Schuyler County Office for the Aging through the OFA budget account no. 6772.0401 for the term of June 15,
2011 through December 31, 2011, said contract subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 179 Motion by Halpin, Second by Yuhasz.
RE: AUTHORIZE AGREEMENT WITH HOME SWEET HOME FOR PERSONAL CARE 1 (PC1) AND
        RESPITE SERVICES UNDER EISEP AND TITLE IIIE CAREGIVER PROGRAMS – OFFICE FOR
        THE AGING
        WHEREAS, the Expanded In-Home Services for the Elderly Program (EISEP) and the IIIE Caregiver
programs include aide service for personal care level I and respite services , and
        WHEREAS, the Home Sweet Home agency can provide aides for said services, and
        WHEREAS, the current agreement with Stafkings, Inc. does not provide sufficient coverage to meet all
needs for aide coverage as evidenced by the existing waiting list, and
        WHEREAS, the 2011-2012 EISEP and 2011 IIIE budgets include funds for such services in line item
6772.0490.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign any and all contracts and agreements with the Home Sweet Home agency to provide the necessary aide
service at the rate of $18.00 per hour for the term of June 15, 2011 through December 31, 2011, said contract
subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 180 Motion by Halpin, Second by Larison.
RE: AUTHORIZE AGREEMENT WITH AIMEE CHURCHILL, ESQ. FOR THE PROVISION OF
        LEGAL SERVICES TO THE OFFICE FOR THE AGING CLIENTS – OFFICE FOR THE AGING
70                                    SCHUYLER COUNTY LEGISLATURE
         WHEREAS, the Office for the Aging is charged with the responsibility of administering the Older
Americans Act, as amended, and
         WHEREAS, legal services to the age 60 and over population have been mandated as a priority service in
the Older American’s Act Amendments of 1978, and
         WHEREAS, the contractor is a provider of legal services, capable of providing legal advice,
representation and appropriate referral to older residents of Schuyler County, and
         WHEREAS, the Office for the Aging has received federal funds pursuant to the Older American’s Act,
Title IIIB, to carry out such objectives and has the authority and necessary funds under such grant to enter into
an agreement, and
         WHEREAS, the Contractor covenants that she is willing and able to perform the services required by
this Office.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign any and all contracts and agreements with Amiee Churchill to render legal assistance to Office for the
Aging clients at the rate of $125.00 per hour, not to exceed $7,000 for the term of June 15, 2011 through
December 31, 2011, said contract subject to approval of the Schuyler County Attorney.
DISCUSSION: Legislator Barnes asked who has been performing this service up until now. Chairman Fagan
explained that it has been the Assistant County Attorney, Dennis Morris, who is now Acting County Attorney
and unable to provide the service.
Vote 8-0.
RESOLUTION NO. 181 Motion by Halpin, Second by Larison.
RE: AUTHORIZE CONTRACT WITH JENNIFER MEHTA, PHN FOR NURSING SERVICES – PUBLIC
         HEALTH
         WHEREAS, the Public Health Department is severely short staffed, and
         WHEREAS, Jennifer Mehta is willing to provide some nursing services.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
execute a contract with Jennifer Mehta for the provision of Nursing Services, for the period June 2, 2011 through
June 30, 2012, at the rate of $42.00 per hour, in an amount not to exceed $2,500 annually, funding being available
in the 2011 budget, account no. 4010.490; subject to the approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 182 Motion by Halpin, Second by Larison.
RE: AUTHORIZE CONTRACT WITH TIMOTHY HICKS FOR WATERSHED SERVICES – PUBLIC
         HEALTH
         WHEREAS, the Public Health Department is severely short staffed, and
         WHEREAS, Timothy Hicks is willing to provide some services for the Watershed Agency.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
execute a contract with Timothy Hicks for the provision of services to the Watershed Agency, for the period July
1, 2011 through December 31, 2011, at an hourly rate of $20.00, in an amount not to exceed $1,500 annually,
funding being available in the 2011 budget; subject to the approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 183 Motion by Halpin, Second by Yuhasz.
RE: AUTHORIZE AGREEMENT WITH MED-REV RECOVERIES, INC. – HEALTH SERVICES
         WHEREAS, Schuyler County Health Services bills for services provided, and
         WHEREAS, Schuyler County Health Services would like to ensure that full reimbursement is received for
all overdue claims, and
         WHEREAS, Med-Rev Recoveries, Inc. provides collection services, and
         WHEREAS, the fee for such services is based upon the amount recovered.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute
a contract with Med-Rev Recoveries, Inc., on a month-to-month basis for collection services, at no local share
cost, effective July 1, 2011 through December 31, 2011, subject to the approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 184 Motion by Halpin, Second by Yuhasz.
                                       PROCEEDINGS OF THE YEAR 2011                                           71
RE: AUTHORIZE CONTRACT WITH MARGARET OHLINGER, DVM – PUBLIC HEALTH
        WHEREAS, the County has to provide rabies vaccination clinics, and Dr. Margaret Ohlinger, DVM is an
established veterinarian who is able to provide services for these clinics.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with Dr. Margaret Ohlinger, DVM to provide services for the rabies clinics, effective July
1, 2011 through June 30, 2012, in the amount of $50.00 per hour, funding is available in the Public Health 2011
County Budget account 4042.435; subject to approval by the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 185 Motion by Halpin, Second by Yuhasz.
RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH
        DISABILITIES 2011-2012 – PUBLIC HEALTH
        WHEREAS, Resolution No. 117-11 authorized advertising for bids for transportation of preschool
children with disabilities, and
        WHEREAS, bids were received and opened with the following recommendations being made.
        NOW, THEREFORE, BE IT RESOLVED, that the bid from Schuyler County Chapter, NYSARC, Inc.
for transportation of preschool handicapped children to and from Frank Pierce Early Childhood Center from
July 1, 2011 to June 30, 2012 in the amount of $195.00 per child per day plus $25.00 per additional child be,
and hereby is, accepted, and
        BE IT FURTHER RESOLVED, that the bid from Birnie Bus Service Inc. for transportation of preschool
handicapped children to and from Franziska Racker Centers from July 1, 2011 to June 30, 2012 at $208.00 per
child, with a $28.00 per additional child fee be, and hereby is, accepted, and
        BE IT FURTHER RESOLVED, that the bid from Durham School Services, LP for transportation of
preschool handicapped children to and from Pathways Preschool Program in Bath, NY from July 1, 2011 to
June 30, 2012 in the amount of $243.70, per child per day plus $29.00 per additional child be, and hereby is,
accepted, and
        BE IT FURTHER RESOLVED, that the bid from Durham School Services, LP for transportation of
preschool handicapped children to and from Pathways Preschool Program in Avoca, NY from July 1, 2011 to
June 30, 2012 in the amount of $236.00, per child per day plus $29.00 per additional child be, and hereby is,
accepted, and
        BE IT FURTHER RESOLVED, that the bid from Schuyler County Chapter, NYSARC, Inc. for
transportation of preschool handicapped children to and from Chemung County UCP from July 1, 2011 to June
30, 2012 at $195.00, per child per day with a $25.00 per additional child fee be, and hereby is accepted, and
        BE IT FURTHER RESOLVED, that the bid from Durham School Services, LP for transportation of
preschool handicapped children to and from Yates ARC / Keuka Lake Schools from July 1, 2011 to June 30,
2012 at $191.81, per child per day with a $29.00 per additional child fee be, and hereby is accepted, and
        BE IT FURTHER RESOLVED, that the bid from Schuyler County Chapter, NYSARC, Inc. for
miscellaneous transportation of preschool handicapped children from July 1, 2011 to June 30, 2012 in the
amount of $2.40 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 2011 budget,
account no. 2960.440-Travel; contracts subject to the approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 186 Motion by Gifford, Second by Larison.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF COUNTY ROAD 4
        OVER SAWMILL CREEK BRIDGE REPLACEMENT - HIGHWAY
        WHEREAS, Schuyler County accepted a proposal for Engineering Services for the Replacement of
County Road 4 over Sawmill Creek Bridge BIN #3332440, and
        WHEREAS, the project design is complete, it is now necessary to advertise for bids for construction,
and
72                                    SCHUYLER COUNTY LEGISLATURE
        WHEREAS, funding for said project is available in the 2011 budget and reimbursed, 80% Federal, 15%
State, 5% local.
        NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to
advertise for bids for the construction of County Road 4 over Sawmill Creek Bridge Replacement.
Vote 8-0.
RESOLUTION NO. 187 Motion by Gifford, Second by Larison.
RE: AUTHORIZE REQUEST FOR PROPOSALS FOR ABSTRACT SERVICES – TREASURER’S
        OFFICE
        WHEREAS, Article 11 of the Real Property Tax Law requires that a search of Interested Parties on any
parcel being foreclosed upon for delinquent taxes be conducted before any Notice of Foreclosure may be sent,
and
        WHEREAS, the Treasurer’s Office does not have the sufficient staffing to conduct such searches.
        NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer is hereby authorized to solicit
quotes for Abstract Services upon consultation with the County Attorney’s Office, and
        BE IT FURTHER RESOLVED, that the Treasurer’s Office and the County Attorney’s Office will
review said quotes and bring recommendation to the Management & Finance Committee.
Vote 8-0.
RESOLUTION NO. 188 Motion by Gifford, Second by Larison.
RE: AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261
        OF THE NEW YORK STATE TAX LAW – AS AMENDED
        WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax
receipts for the period October 1, 2010 through March 31, 2011, 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" below.
                                                 EXHIBIT "A"
                MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES
                              OCTOBER 1, 2010 THROUGH MARCH 31, 2011
          TOWNS                      Amount                    VILLAGES               Amount Due
                                     Due
          Catharine                   $5,730.96                Burdett                        $744.72
          Cayuta                      $2,219.82                Montour Falls                $2,298.93
          Dix                        $16,115.08                Odessa                         $834.20
          Hector                     $40,543.68                Watkins Glen                 $5,865.43
          Montour                     $6,185.31
          Orange                      $6,066.56
          Reading                    $10,107.58
          Tyrone                     $18,669.74
          TOTALS                     108,583.81                                             $9,743.28
          APPROVED BY COMMITTEE:
                                               Thomas M. Gifford, Chair
                                               Michael A. Yuhasz
                                               Stewart F. Field, Jr.
                                               Philip C. Barnes

Vote 8-0.
RESOLUTION NO. 189 Motion by Karius, Second by Gifford.
                                     PROCEEDINGS OF THE YEAR 2011                                          73
RE: ISSUE PUBLIC ENTERTAINMENT PERMITS TO WATKINS GLEN INTERNATIONAL, INC.
        FOR THEIR 2011 EVENTS
        WHEREAS, in accordance with Local Law No. 4 of the Year 2010, Watkins Glen International, Inc., of
Watkins Glen, NY has applied for a Public Entertainment (Outdoor) Permit for the 2011 season of events, and
        WHEREAS, the proposed events are:
     Music Festival, June 30, 2011 – July 3, 2011
     Finger Lakes Wine Festival, July 15, 2011 – July 17, 2011
     NASCAR, August 11, 2011 – August 14, 2011, and
        WHEREAS, all events will take place at the Watkins Glen International facility located in the Town of
Dix, Schuyler County, NY, and
        WHEREAS, in compliance with the issuance of a permit under Local Law No. 4 of the Year 2010,
Public Entertainment (Outdoor) – Regulating/Licensing, all requirements have been met.
        NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the County Attorney and
County Administrator, the Schuyler County Legislature authorizes the issuance of the Public Entertainment
(Outdoor) Permits for the proposed events listed in this resolution to Watkins Glen International, Inc.
Vote 7-0. Barnes; Abstained.
RESOLUTION NO. 190 Motion by Karius, Second by Gifford.
RE: AUTHORIZE AMENDING THE 2011 BUDGET FOR EZ PASS REVENUE - COUNTY CLERK
        WHEREAS, the County Clerk’s office has been authorized to sell EZ Passes through the Motor Vehicle
Department to bring in additional revenue for the County, and
        WHEREAS, additional revenue and the upfront expense of the purchase of said passes necessitates an
amendment to the 2011 budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
amend the 2011 Budget as follows:
        AMOUNT                ACCOUNTY NO.                   DESCRIPTION
        +$525.00              1410.431                       Office Supplies
        +$525.00              1410.1205                      EZ Pass Sales
Vote 8-0.
RESOLUTION NO. 191 Motion by Karius, Second Gifford.
RE: ACKNOWLEDGE APPOINTMENTS OF ELECTION INSPECTORS – BOARD OF ELECTIONS
        WHEREAS, after completing the necessary training and upon certification, the Schuyler County Board
of Election Commissioners have made a recommendation of 78 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, 2011 through July 14, 2012:
                                                REPUBLICANS
Karen Allen; Susan Baker; Virginia Beebe; Sonraeanna Carubia; Diana Clugstone; Michael Dinkins; Doris H.
Fazzary; Judy Forney; Mae Harrison; Margaret T. Herrick; Elizabeth J. Hollis; Mary Ellen Hoose; John D.
Hunt; Darla Kimmey; Florence M. Klopf; Gretchen Leuze; Anita Lockwood; Harry J. Lockwood; Jamee Mack;
Patricia Macnanara; Cathy-Rae Mathews; Frederick Mockler; Lisa Orr; Greta Preston; Ira Ray; Linda Shine;
Helen M. Sipperley; Ida Smalley; Beatrice Smyder; Elizabeth J. Sullivan; Jolene Swick; Beverly VanAmburg;
Joyce VanVleet; Catherine VanZile; Cheryl Warner; Phyllis P. Welshans; Maureen N. Colunio; Debra L.
Opdyke; Kathleen B. Palmisano
                                                DEMOCRATS
Debra Albro; Geraldine Boyce; Patricia L Butler; Judith Caruso; Susan Cecce; Beverly Clickner; Elizabeth
Cole-Fagan; Shannon A. Cornish; Nancy L. Crouch; Pamela Davis; Vera Franzese; Betty Heichel; Caroline
Hecht; Jean Hubsch; Sally J. Human; Virginia Jensen; Edith J. Jones; Diane Koi-Thompson; Suzanne Learn;
Jacqueline Leidenfrost; Susanne Lipari; Elizabeth Martin; Neal Melveney; Madalyn B. Morgan; Kathleen D.
Mayo; Thomas McGarry; George Miner; Marion Nicastro; Meghan Orbin; Jean Parker; Rosemary Paterson;
74                                    SCHUYLER COUNTY LEGISLATURE
Cynthia Pinkard; Nona Schimizzi; Catherine Sirrine; Karen Solomon; Carlene L. Swick; Sandra Teeter;
Elizabeth Underdown; Francis VanDyke; Clifford Yaw; Crystal Yaw; Melisa Zeoke, Sara Delahanty, Marian
Morin.
Vote 8-0.
RESOLUTION NO. 192 Motion by Larison, Second by Gifford.
RE: AUTHORIZE APPOINTMENT TO FILL UNEXPIRED TERM ON THE SCHUYLER COUNTY
         PLANNING COMMISSION
         WHEREAS, Susan Knapp , Business Representative had resigned from the Planning Commission in
         January 2011, and
         WHEREAS, Erich Herzig has expressed an interest in filling the unexpired term.
         NOW, THEREFORE BE IT RESOLVED, the Schuyler County Legislature hereby approves the
appointment of Erich Herzig to fill the unexpired term of June 13, 2011 through December 31, 2011, to wit:
                                           PLANNING COMMISSION
                                       Erich Herzig, Business Representative
Vote 8-0.
RESOLUTION NO. 193 Motion by Larison. Second by Gifford.
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 2011 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 Darrel C. Sturges to
fill the full-time Watershed Inspector position, and upon recommendation of the Human Resources Director,
sets the salary at $42,000, in Grade E in the Management/Confidential Salary Plan, effective June 20, 2011.
Vote 8-0.
NEW BUSINESS:
         Chairman Fagan explained that Congressman Reed asked that the Legislature send a letter to the
Environmental Protection Agency regarding the Chesapeake Bay. He asked the board for support of writing the
letter on their behalf.
         MOTION by Legislator Gifford, SECOND by Legislator Halpin. Motion carried eight ayes to zero
noes. Legislator Larison stated that our Soil & Water Conservation District has been fighting this for years. I
appreciate this as will they.
REPORT ON STANDING COMMITTEES:
         Legislator Larison stated that with all of the cuts at the Federal level, he feels the need to report that now
the Retired Senior Volunteer Program (RSVP) will have to cut the very people, the volunteers that are out there
helping our elderly. He realizes there is nothing the Legislature can do, but this is what is happening.
Legislator Gifford asked Administrator O’ Hearn if the Dial-A-Ride Program could help fill the void.
Administrator O’Hearn said yes to some degree, however, not for long distances.
         Legislator Barnes wished to commend the Highway Department for the quick response to a problem
area on County Route 16 and State Route 414 where there were shrubs and visibility was limited. They did a
nice job. He also reported that with the untimely death of a Chemung County Sheriff, he has asked our Sheriff
to reach out to Chemung County to offer assistance. Administrator O’Hearn said he has.
         Legislator Yuhasz wanted to know how long before the smoke free campus signs would be completed
and available for the non smoking on county campuses. Sarah Hanley said approximately two to three weeks
after approval has been received.
COUNTY ADMINISTRATORS REPORT:
         Administrator O’Hearn reported that the New York State Association of Counties (NYSAC) delivered
to the County a Medicaid Reform and Property Tax Cap Reduction Act of 2011. See the report on file in the
Legislative office. In 2014 the State could assume all local share of Medicaid.
PUBLIC PARTICIPATION: None.
                                   PROCEEDINGS OF THE YEAR 2011                                           75
       The Meeting adjourned at 6:46 p.m.
             Stacy B. Husted, Clerk
             Jamee L. Mack, Deputy Clerk

                                          REGULAR MEETING
                                             JULY 11, 2011

        The July 11, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Fagan. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of
Silence. All Legislators were present. County Administrator Timothy O’Hearn and Acting County Attorney
Dennis Morris were also present.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 194 Motion by Larison, Second by Halpin.
RE: APPROVE THE MINUTES OF THE JUNE 13, 2011 REGULAR MEETING OF THE SCHUYLER
        COUNTY LEGISLATURE
        BE IT RESOLVED, that the minutes of the June 13 2011 Regular Meeting of the Schuyler County
Legislature be approved.
Vote 8-0.
RESOLUTION NO. 195 Motion by Karius, Second by Yuhasz.
RE: AUTHORIZE AMENDMENT TO THE COOPERATIVE FIRE PROTECTION AGREEMENT WITH
        THE U.S. FOREST SERVICE – EMERGENCY MANAGEMENT
        WHEREAS, the U.S. Forest Service has made modification to their annual operating plan, and
        WHEREAS, the changes effect the current six-year agreement through, May 2014, and
        WHEREAS, the radio frequencies that they use have changed to 166.5625, and
        WHEREAS, the hourly reimbursable rate for a Type III Engine and 2 Firefighters has increased from
$149 to $169, and
        WHEREAS, there is no cost to Schuyler County.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an amendment to the current agreement with US Forest Service for the Emergency Management Office
for Cooperative Fire Protection; subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 196 Motion by Karius, Second by Yuhasz.
RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2011/2012 NEW YORK STATE AID TO
        PROSECUTION GRANT - DISTRICT ATTORNEY
        WHEREAS, the New York State Division of Criminal Justice Services (NYSDCJS) has grant funding
available through an Aid to Prosecution Grant for the purpose of assisting the Schuyler County District
Attorney’s Office in prosecuting felony offenses, and
        WHEREAS, this Grant is estimated to be in the amount of $29,200.
        NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County
District Attorney to submit a grant application for the 2011/2012 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 $29,200; said documents subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 197 Motion by Karius, Second by Yuhasz.
RE: NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, REVIEW AND MODIFICATION
        OF SCHUYLER COUNTY AGRICULTURAL DISTRICT #1
        WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b),
Schuyler County reviews each of its agricultural districts every eight years, and
        WHEREAS, Agricultural District #1 was last reviewed in 2003, and
76                                   SCHUYLER COUNTY LEGISLATURE
        WHEREAS, the Agricultural and Farmland Protection Board has been reviewing District #1 and has
held two initial public hearings on March 24, 2011 and March 30, 2011 in the Town of Hector, and
        WHEREAS, a review of the current district boundaries, inquiry to landowners, and public feedback
resulted in a proposed modification of District #1 through the addition of 342.28 acres and removal of 648.16
acres, and
        WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on May 16, 2011
that all of the proposed changes meet the definition of viable agricultural land as defined by Agriculture and
Markets Law Article 25AA, and
        WHEREAS, Schuyler County has determined that proposed changes to Schuyler County Agriculture
District #1, is an unlisted action and has elected to use form RA-115 provided by NYS Department of
Agriculture and Markets to assess any environmental impacts.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature has reviewed the
potential impacts of the proposed modification of Schuyler County Ag District #1 and found that there will be
no significant negative environmental impacts associated with this action.
Vote 8-0.
RESOLUTION NO. 198 Motion by Barnes, Second by Halpin.
RE: SETTING A PUBLIC HEARING FOR ANNUAL AGRICULTURAL DISTRICT ENROLLMENT
        FOR 2011
        WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b),
Schuyler County must review each of its Agricultural Districts every eight years, and
        WHEREAS, Agricultural District #1 was last reviewed in 2003, and
        WHEREAS, the Agricultural and Farmland Protection Board has been reviewing District #1 and has
held two initial public hearings on March 24 and 30, 2011
        WHEREAS, a review of the current district boundaries, inquiry to landowners, and public feedback
resulted in a proposed modification of District #1 through the addition of 342.28 acres and removal of 648.16
acres, and
        WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on May 16, 2011
that all of the proposed changes meet the definition of viable agricultural land as defined by Agriculture and
Markets Law Article 25AA, and
        WHEREAS, it has been determined that the proposed changes to Agricultural District #1 will not have
any significant negative environmental impacts.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does intend to hold a
public hearing for consideration of the recommendations by the Board on the proposed changes on August 8,
2011 at 6:45 p.m. at its Regular Meeting of the Legislature.
Vote 8-0.
RESOLUTION NO. 199 Motion by Barnes, Second by Halpin.
RE: AUTHORIZE 2011 AMENDMENT WITH IVANS, INC. FOR BILLING SERVICES – PUBLIC
        HEALTH
        WHEREAS, Schuyler County Public Health currently contracts with Ivans, Inc. for billing services
related to submission of Medicare bills, and
        WHEREAS, Ivans, Inc. issues a rate schedule for each year’s renewal, and
        WHEREAS, a charge per license maintenance fee needs to be added to this year’s agreement.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign the amended agreement with Ivans, Inc. for Medicare billing services to include an annual Maintenance
Fee of $12.00 per year per license, funds available in the 2011 Public Health budget, account no. 4010.532,
subject to the approval of the County Attorney.
Vote 8-0.
RESOLUTION NO. 200A Motion by Karius, Second by Halpin.
RE: MOTION TO TABLE RESOLUTION NO. 200 FOR FURTHER INVESTIGATION
        BE IT RESOLVED, that Resolution No. 200 be tabled for further investigation.
                                         PROCEEDINGS OF THE YEAR 2011                                             77
DISCUSSION: Chairman Fagan asked Administrator O’Hearn to speak on this and what he had learned about
the legislation. Administrator O’Hearn cautioned the Legislature to be aware that this legislation is unlike
Florida’s. If an applicant tests positive they are denied any benefits until such time they are enrolled into a
rehabilitation program and they must remain there. Commissioner of Social Services, Bill Weiss, has not been
provided any input on who would pay for the rehabilitation program. He was not even aware of this
requirement. He just wanted to make sure you were all aware. The State of Florida excludes their clients for
one year from receiving benefits. It is quite likely that we, as New Yorkers, will have to pay for this. If the
clients fail to follow the conditions, they are excluded from receiving benefits.
Vote 8-0.
RESOLUTION NO. 200 Motion by Barnes, Second by Halpin.
RE: RESOLUTION URGING IMPLEMENTATION OF DRUG TESTING FOR MEDICAID
         APPLICANTS AND RECIPIENTS, TEMPORARY ASSISTANCE APPLICANTS AND
         RECIPIENTS, FOOD STAMP APPLICANTS AND RECIPIENTS, AND SUPPLEMENTAL
         SECURITY INCOME RECIPIENTS AS A PREREQUISITE FOR ELIGIBILITY - TABLED
         WHEREAS, various programs provided by the State of New York now termed “Temporary Assistance,”
and formerly termed Welfare, and administered through the New York State Office of Children and Family
Services and the Office of Temporary Disability Assistance, now cost the taxpayers of the State of New York
approximately $975 million per month in direct benefit payments in the forms of Temporary Assistance, Food
Stamps, and Supplemental Security Income, a figure which excludes administration and personnel costs, and
         WHEREAS, the disbursement of said cases as of May, 2010, places 64% of all recipients of such
services statewide within the City of New York, despite the City of New York only accounting for 43% of the
total population of the State of New York, and
         WHEREAS, the total Medicaid spending for the State of New York in Fiscal Year 2008 was $31 billion
per annum, and
         WHEREAS, the combined expenditures for such social programs as identified within this resolution,
namely Medicaid, Temporary Assistance, Food Stamps, and Supplemental Security Income, total
approximately $43 billion per year, or 32% of total spending by the State of New York, and
         WHEREAS, the 2009 Schuyler County budget included $3,475,000 million in expenditures for
Medicaid, which may be quantified as 37.3% of the County’s property tax levy of $9.3 million, or 37.7% of the
County’s entire revenue from collection of sales taxes, and
         WHEREAS, such expenditures must then be undertaken by the State of New York in a manner that
respects the hard work performed by each and every taxpayer who is forced to contribute, via taxation, to the
social welfare of other citizens, and
         WHEREAS, the only manner such expenditures may be undertaken that honors the work of the
taxpayers is one in which the criminal element and deliberately self-destructive, such as “recreational” drug
users, are excluded from receiving such benefits, as it is unreasonable to expect the hardworking taxpayers to
subsidize such activity, and
         WHEREAS, the Honorable George D. Maziarz, Senator for the 62nd District and Vice President Pro
Tem of the Senate, did propose legislation, titled “An Act to Amend the Social Services Law, in Relation to
People Receiving Public Assistance,” and assigned the bill number S.l74, which prescribes a regimen of drug
testing for applicants and recipients of such benefits as identified in this resolution, and which is not punitive in
its intent, but rather rehabilitative, and
         WHEREAS, member of the Assembly Clifford W. Crouch did submit in the Assembly a companion bill,
numbered A.227, and
         WHEREAS, Senate Bill No. S.174 was referred to the New York State Senate’s Committee on Social
Services on January 5,2011, and has not been acted upon by that Committee, and A.227 was referred to the
New York State Assembly’s Committee on Social Services and held for consideration as of April 12,2011.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby urge the
passage by committee and subsequent enactment by a floor vote of S.174, and
         BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby urge the discharge
from committee and allowance of a floor vote on A.227 by the Assembly Majority, and namely by Member of
78                                   SCHUYLER COUNTY LEGISLATURE
the Assembly Michele Titus, Chairwoman of said committee, the Honorable Sheldon Silver, Speaker, and the
Honorable Ronald Canestrari, Majority Leader, and
        BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby call upon the entire
Western New York delegation to the New York State Legislature to vote in the affirmative for bills S.174 and
A.227, and for those members of the Western New York delegation in their respective houses’ Majorities to
take such measures as they may in their privileged positions as members of the Majority to force discharge of
said bills from committee and allow for a direct “up or down” vote on the floor, and
        BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby urge the Honorable
Andrew M. Cuomo, Governor, to, absent legislative instruction, devise, through executive order, a regimen of
drug tests for social welfare recipients to ensure that the taxpayers are not subsidizing such activities through
social welfare programs, and
        BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall forward copies of this Resolution
to Governor Andrew M. Cuomo, Senate Vice President Pro Tern George D. Maziarz; Senator Mark J. Gristanti;
Senate Temporary President Dean G. Skelos; Senate Deputy Majority Leader Thomas W. Libous; Senate Social
Services Committee Chairman Patrick M. Gallivan; Member of the Assembly Jane L. Corwin; Member of the
Assembly John D. Ceretto; Member of the Assembly Jim Hayes; Member of the Assembly Stephen Hawley;
Member of the Assembly Robin Schimminger; Speaker of the Assembly Sheldon Silver; Assembly Majority
Leader Ronald J. Canestrari; Assembly Minority Leader Brian M. Kolb; Assembly Social Services Committee
Chairman Richard Gottfried; Assembly Social Services Committee Ranking Minority Member Andy Goodell;
Member of the Assembly Clifford Crouch, and all others deemed necessary and proper.
RESOLUTION NO. 201 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE ADVERTISING FOR BIDS TO PAINT THE COURTHOUSE CUPOLA – BUILDINGS
        AND GROUNDS
        WHEREAS, the Cupola at the Courthouse is in need of painting, and
        WHEREAS, it is necessary to advertise for bids, and
        NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to
advertise for bids to paint the Cupola at the Courthouse Complex, and
        BE IT FURTHER RESOLVED, that the Clerk of the Legislature will receive bids to be opened at an
open public meeting.
Vote 8-0.
RESOLUTION NO. 202 Motion by Larison, 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 THEREFORE -
        HIGHWAY
        WHEREAS, a Project for the Bridge Replacement on CR 4 over Sawmill Creek in the Town of Hector,
Schuyler County, P.I.N. 6754.10 (“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 Bridge Replacement on CR4 over Sawmill Creek in the Town of
Hector, Schuyler County.
        NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature, duly convened does hereby
resolve 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 Design and Right of Way
Incidental work for the Project or portions thereof, and
        BE IT FURTHER RESOLVED, that the sum of $202,000 is hereby appropriated from 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 Schuyler County Legislature shall convene as soon as
                                        PROCEEDINGS OF THE YEAR 2011                                         79
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-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. 203 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS
        – PURCHASING
        WHEREAS, various departments have items to be declared surplus or junk.
        NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County
Legislature hereby declares the following assets surplus or junk, and
        BE IT FURTHER RESOLVED, that the following items are to be bid out, placed in storage for an
auction or disposed of.
JUNK
Asset #         Description                                                 Department
5803            One way Plow (CE03018-2)                                    Highway
0378            Drive Post Mod 527C- Danuser (3370)                         Highway
1017            Maytag Washing Machine (used)                               Sheriff
6692            DELL OPTIPLEX 760 Computer (8DPZV71)                        County Attorney
n/a             DELL OPTIPLEX 760 Computer (H1RYC81)                        County Attorney
SURPLUS
Asset #         Description                                                 Department
3871            Vehicle Surveillance Camera EW05222                         Sheriff
3872            Vehicle Surveillance Camera EW05223                         Sheriff
Vote 8-0.
RESOLUTION NO. 204 Motion by Larison, Second by Gifford.
RE: STANDARD WORK DAY AND REPORTING RESOLUTION FOR THE YEAR 2011
        WHEREAS, the New York State and Local Employees’ Retirement System established §315.4, a new
regulation on retirement reporting for elected and appointed officials which became effective August 12, 2009,
and
        WHEREAS, the new regulation adds additional requirements for both employers and elected and
appointed officials, including an expanded record of work activities, a more detailed resolution and specific
time frames within which requirements must be completed.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby establishes the
following below as standard work days for certain elected and appointed officials and will report the following
days worked to the New York State and Local Employees’ Retirement System based on the record of activities
maintained and submitted by these officials to the Clerk of the Legislature, and
        BE IT FURTHER RESOLVED, that the below list reflects only those elected and appointed officials
with term of office commencing after August 12, 2009, as stipulated in the new regulation, and
        BE IT FURTHER RESOLVED, that elected and appointed officials who are not members of the State
Retirement System are not subject to the provisions of this law, and
        BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be forwarded to the New
York State Comptroller.
80                                     SCHUYLER COUNTY LEGISLATURE


                                                                                     PARTICIPATES    DAYS/MONTH
                                              STANDARD                              IN EMPLOYER’S     (BASED ON
                                              WORKDAY                                TIME KEEPING     RECORD OF
         TITLE                   NAME         (HRS/DAY)    TERM BEINGS/ENDS           SYSTEM (Y/N)   ACTIVITIES)
Elected Officials
Legislator District II   Thomas M. Gifford        7       01/01/2011 – 12/31/2014         N             4.93
Appointed Officials
County Administrator     Timothy M. O’Hearn       7       01/01/2011 – 12/31/2014         Y             N/A
Deputy Commissioner      Cindy L. Cady            7       01/01/2011 – 12/31/2012         Y             N/A
Board of Elections
Deputy Commissioner      Carolyn C. Elkins        7       01/01/2011 – 12/31/2012         Y             N/A
Board of Elections
Vote 7-1. No; Halpin.
RESOLUTION NO. 205 Motion by Larison, Second by Gifford.
RE: AUTHORIZE AMENDING RESOLUTION NO. 188-11 TITLED “AUTHORIZE DISTRIBUTION OF
       MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX
       LAW”
       WHEREAS, the figures for distribution for the period October 1, 2010 through March 31, 2011, in
Resolution No. 188-11 were incorrect and therefore need to be amended.
       NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 188-11 be amended to have the Exhibit
“A” be replaced with the new Exhibit “A” below.
                                              EXHIBIT "A"
              MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES
                           OCTOBER 1, 2010 THROUGH MARCH 31, 2011
     TOWNS                Amount Due                VILLAGES                 Amount Due
     Catharine            $5,730.96                 Burdett                  $744.72
     Cayuta               $2,219.82                 Montour Falls            $2,298.93
     Dix                  $16,115.08                Odessa                   $834.20
     Hector               $40,543.68                Watkins Glen             $5,865.43
     Montour              $6,185.31
     Orange               $9,011.64
     Reading              $10,107.58
     Tyrone               $18,669.74
     TOTALS               $108,583.81                                        $9,743.28
     APPROVED BY COMMITTEE:
                                                 Thomas M. Gifford, Chairman

                                                  Michael A. Yuhasz

                                                  Stewart F. Field, Jr.

                                                  Philip C. Barnes


Vote 8-0.
RESOLUTION NO. 206 Motion by Larison, Second by Gifford.
RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE NEW YORK STATE
                                      PROCEEDINGS OF THE YEAR 2011                                           81
        DEPARTMENT OF TAXATION & FINANCE FOR ELECTRONIC TRANSMISSION OF REAL
        PROPERTY DATA – REAL PROPERTY TAX
        WHEREAS, the County has been routinely providing electronic real property transfer reports (RP-5217)
to the Department of Taxation & Finance’s Office of Real Property Tax Services, and
        WHEREAS, the State pays the County $0.50 for each RP-5217 received via the internet, and
        WHEREAS, the State now requires a Memorandum of Understanding governing this arrangement.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an ongoing Memorandum of Understanding with the Department of Taxation & Finance governing the
electronic transmission of real property data; subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 207 Motion by Larison, Second by Halpin.
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 $17,105.25 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 $17,105.25 to the Town of Hector for road maintenance in the Hector Land Use Area.
Vote 8-0.
RESOLTION NO. 208 Motion by Larison, Second by Halpin.
RE: AUTHORIZE CONTRACT WITH JUDGE J. BRUCE CREW – COUNTY ADMINISTRATOR
        WHEREAS, special counsel is needed for Board of Election matters, and
        WHEREAS, external resources are required.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Judge J. Bruce Crew, 32 Bridgeman Rd. Elmira, NY 14901 at the rate of $150.00 per
hour for special counsel on behalf of the Board of Elections Office for the term June 17, 2011 through July 29,
2011, funding available in the 2011 Board of Elections budget account no. 1450.400-Contractual Expense;
subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 209 Motion by Larison, Second by Halpin.
RE: AUTHORIZE CONTRACT WITH GARY V. FERGUSON – COUNTY ADMINISTRATOR
        WHEREAS, special counsel is needed for Board of Election matters, and
        WHEREAS, external resources are required.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Gary V. Ferguson, 35 Stoney Brook Rd. Horseheads, NY 14845 at the rate of $50.00
per hour for special counsel on behalf of the Board of Elections Office for the term June 17, 2011 through July
29, 2011, funding available in the 2011 Board of Elections budget account no. 1450.400-Contractual Expense;
subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 210 Motion by Larison. Second by Halpin.
RE: AUTHORIZE APPOINTMENT TO FILL UNEXPIRED TERM ON THE SCHUYLER COUNTY
        PLANNING COMMISSION
        WHEREAS, Miranda Polmanteer is no longer with the Chamber of Commerce, and
        WHEREAS, a new Director of Tourism has been selected.
        NOW, THEREFORE BE IT RESOLVED, the Schuyler County Legislature hereby approves the
appointment of the following individual to the below board, for the term July 11, 2011 through December 31,
2011, to wit:
                                          PLANNING COMMISSION
                                    Nikita Hariston, Tourism Representative
82                                    SCHUYLER COUNTY LEGISLATURE
Vote 8-0.
RESOLUTION NO. 211 Motion by Larison, Second by Halpin.
RE: AUTHORIZE CONTRACT WITH JILL WICKER TO TRAIN THE NEW SECRETARY I IN
        SERVICES – SOCIAL SERVICES
        WHEREAS, the Department has a vacant Secretary I position in Services (made up of the Deputy
Commissioner and Adult Services and Children’s Services units) that will be filled July 18, 2011, and
        WHEREAS, the Secretary I is the sole clerical support person for the 15 workers in Services and is
responsible for a multitude of tasks, some of which are very detailed, and
        WHEREAS, the Services unit will have two Caseworker vacancies in July, and also, the Supervising
Caseworker in Children’s Services is retiring next month and will be out of the office for the month of July
prior to her retirement effective date, and
        WHEREAS, due to the current personnel turbulence in Services (lack of staff and also some staff
changes due to promotions), there will not be a sufficient number of current workers to train the Secretary I on
her various responsibilities, and
        WHEREAS, the contract will be for up to 140 hours of training at $14.21 an hour ($1,989.40), starting
July 18, 2011 and ending no later than August 31, 2011, although it is anticipated the total cost will be under
$1,600.00, and
        WHEREAS, local share will be approximately 40% of the total cost, somewhere between $640 and
$800, depending on the number of hours actually used, and
        WHEREAS, due to vacancies, there are unspent funds in the Department’s Personnel Services account
no. 6010.100-Personnel, to fund this contract, and
        WHEREAS, Jill Wicker, who was the Services unit’s Secretary I for over 35 years until her retirement
last year, is willing to train the new Secretary I as an independent contractor, not eligible for any County
benefits.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
execute a contract with Jill Wicker for the Department of Social Services for the term July 18, 2011 and ending
on or before August 31, 2011 to train the new Services unit’s Secretary I, for up to 140 hours of training at
$14.21 an hour, total contract cost not to exceed $2,000.00, funds available in the Department’s 2011 budget
account no. 6010.100, subject to approval of the Schuyler County Attorney.
Vote 8-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
        Legislator Gifford reported that there will be a meeting with the Auditors and the Treasurer this
Wednesday, July 13, 2011 to review the 2010 audit prior to bringing it to the full Legislature.
COUNTY ADMINISTRATOR’S REPORT:
        Administrator O’Hearn had nothing new to report from the Legislative Resolution Review Committee
Meeting. In regards to the Public Defender position vacancy, the Public Safety/Criminal Justice Committee
will be forming an Ad-hoc Committee to meet and review the applicants and discuss filling the vacancy. A
meeting as earlier as this week might be in order.
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 6:43 p.m.
                 Stacy B. Husted, Clerk

                                            SPECIAL MEETING
                                               JULY 18, 2011

       The July 18, 2011 Special Meeting of the Schuyler County Legislature was called to order at 9:00 a.m.
by Chairman Fagan. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of
Silence. All Legislators were present except Legislator Field, who was excused and Legislator Yuhasz, who
was absent. County Administrator Timothy O’Hearn and Acting County Attorney Dennis Morris were also
                                     PROCEEDINGS OF THE YEAR 2011                                            83
present.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 212 Motion by Larison, Second by Halpin.
RE: RATIFICATION OF SPECIAL MEETING
        BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Deputy Clerk of the
Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and
action upon the following items of business:
    1. APPOINTMENT AND SET SALARY FOR THE PUBLIC DEFENDER
Vote 6-0.
RESOLUTION NO. 213 Motion by Barnes, Second by Halpin.
RE:      APPOINTMENT AND SET SALARY FOR THE PUBLIC DEFENDER
        WHEREAS, the position of Public Defender is vacant.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoint Attorney Wesley A. Roe
as Schuyler County Public Defender effective July 18, 2011 through December 31, 2011 at an annual salary of
$80,000.00.
DISCUSSION: Chairman Fagan asked County Administrator O’Hearn to provide some input on the candidate.
Administrator O’Hearn advised that the Ad Hoc Committee of the Legislature met to interview one candidate,
Assistant Public Defender, Wesley Roe. The group’s consensus for the purpose of continuity, ease of transition,
and qualifications, was to promote the Assistant Public Defender to the Public Defender position upon his
recommendation. The next step will be for the committee to reconvene and review the applicants for the
Assistant Public Defender position that is now vacant. There is a gap in the office and the work load justifies
this position. During the interview, staffing issues were discussed. Staffing is not adequate to handle the case
loads. He recommends that they act on this now and then move forward with the Assistant Public Defender
position as well. Legislator Larison asked how many applicants there were. Administrator O’Hearn said there
were a total of five. These applicants are interested in the Assistant position. Wesley Roe has also received a
number of calls. He will ask Wes to screen these applicants and bring back to committee the top three or four
candidates for interviewing. The committee will have a good pool of candidates to choose from.
Vote 6-0.
        The Meeting adjourned at 9:09 a.m.
               Jamee L. Mack, Deputy Clerk

                                            SPECIAL MEETING
                                              AUGUST 3, 2011

        The August 3, 2011 Special Meeting of the Schuyler County Legislature was called to order at 9:00 a.m.
by Chairman Fagan. The Pledge of Allegiance was led by Legislator Barnes and followed by a Moment of
Silence. All Legislators were present. County Administrator Timothy O’Hearn and Acting County Attorney
Dennis Morris were also present.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 214 Motion by Larison, Second by Gifford.
RE: RATIFICATION OF SPECIAL MEETING
        BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon
the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the
following items of business:
    1. AUTHORIZE GRANT APPLICATION TO THE DEPARTMENT OF ENVIRONMENTAL
        CONSERVATION FOR A NEW YORK STATE CLEAN AIR GRANT
    2. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR ASSISTANT PUBLIC DEFENDER
Vote 8-0.
RESOLUTION NO. 215 Motion by Larison, Second by Barnes.
RE: AUTHORIZE GRANT APPLICATION TO THE DEPARTMENT OF ENVIRONMENTAL
        CONSERVATION FOR A NEW YORK STATE CLEAN AIR GRANT
84                                   SCHUYLER COUNTY LEGISLATURE
        WHEREAS, the Department of Environmental Conservation is soliciting grant applications for the New
York State Clean Air Grant Program from municipalities, and
        WHEREAS, this Resolution authorizes the signing of a grant application and upon approval of said
request to enter into and execute a state assistance contract in connection with the New York State Clean Air
Grant Program.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is
hereby authorized and directed to file an application for funds from the New York State Clean Air Grant
Program of the New York State Department of Environmental Conservation, in an amount not to exceed
$4,945, and upon approval of said request to enter into and execute a state assistance contract with the
Department of Environmental Conservation for such financial assistance to Schuyler County for the Backyard
Burning Project; subject to the approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 216 Motion by Larison, Second by Barnes.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR ASSISTANT PUBLIC
        DEFENDER
        WHEREAS, the current Assistant Public Defender, Wesley A. Roe was promoted to Public Defender
effective July 18, 2011, leaving the Assistant position vacant.
        BE IT RESOLVED, that this Legislature acknowledge the appointment by Wesley A. Roe, Esq., Public
Defender, of Matthew P. Hughson, Esq., as Assistant Public Defender to work thirty hours per week at an
annual salary of $40,000, effective August 1, 2011.
Vote 8-0.
PUBLIC PARTICIPATION: None.
        The Meeting Adjourned at 9:03 A.M.
                Stacy B. Husted, Clerk

                                            REGULAR MEETING
                                              AUGUST 8, 2011

        The August 8, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of
Silence. All Legislators were present. County Administrator Timothy O’Hearn and Acting County Attorney
Dennis Morris were also present.
PUBLIC PARTICIPATION:
        Mr. Mark Rondinaro explained that he is running for Legislator in District 1. He said he is shocked and
deeply concerned about the 2010 audit mentioned in the newspaper article. This has been an ongoing problem
and asked why the audit report is not available on the web site and hasn’t been for years. He has filed a Freedon
of Information Law (FOIL) request and will post it on his own web site. He feels there should be an open
information policy in place. No one should have to file a FOIL request for public information. He also feel this
type of thing needs to be discussed ongoing, rather than once a year. He said this will be posted at his web site,
RondinaroforSchuyler. Chairman Fagan asked County Administrator O’Hearn to post them on line.
Administrator O’Hearn stated he will do so, provided no one disagrees. No one disagreed and they will be
posted online from now on.
6:45 P.M. PUBLIC HEARING ON THE ANNUAL AGRICULTURAL DISTRICT #1 ENROLLMENT
FOR 2011:
        Mr. Benjamin Dickens was present on behalf of the Agriculture and Farmland Protection Board. He
explained that the Agricultural District #1 makes up the largest portion in the Town of Hector. Four of the
largest dairy farms in activity are located there. Land that was available for sale is listed at $4,000.00 per acre
and used to be listed for $1,700.00 an acre. This land has the highest turnover. Public Hearing closed at 6:48
p.m.
RESOLUTION NO. 217 Motion by Karius, Second by Yuhasz.
                                      PROCEEDINGS OF THE YEAR 2011                                         85
RE: APPROVE THE MINUTES OF THE JULY 11, 2011 REGULAR MEETING AND THE JULY 18,
        2011 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
        BE IT RESOLVED, that the minutes of the July 11, 2011 Regular Meeting and the July 18, 2011
Special Meeting of the Schuyler County Legislature be approved.
Vote 8-0.
RESOLUTION NO. 218 Motion by Yuhasz, Second by Halpin.
RE: AUTHORIZE STOP DWI PLAN FOR 2012 – SHERIFF’S OFFICE
        WHEREAS, the County of Schuyler is participating in the New York State Stop D.W.I. Program, and
        WHEREAS, participation in said program is reimbursed 100% by the State of New York.
        NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby adopts and approves the 2012
STOP DWI Program Plan, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign said
Plan subject to the approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 219 Motion by Yuhasz, Second by Halpin.
RE: ACCEPT PROPOSAL FROM MXI ENVIRONMENTAL SERVICES FOR THE SEPTEMBER 24,
        2011 HOUSEHOLD HAZARDOUS WASTE DAY
        WHEREAS, the Planning Office of Cooperative Extension has issued a Request for Proposals for a
Household Hazardous Waste Collection Day, and
        WHEREAS, three proposals were received, and
        WHEREAS, MXI Environmental Services has been in business since 1960’s and has been servicing
Household Hazardous Waste Days since 1990 and has worked in New York since 2007, and
        WHEREAS, MXI Environmental Services meets all background, technical and budget requirements as
outlined in the RFP document, and
        WHEREAS, MXI Environmental Services provided price schedule allows for improved budget control
during the registration process, guaranteeing we will not go over budget.
        NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Planning Office of Cornell
Cooperative Extension, that the Schuyler County Legislature hereby accepts the proposal from MXI
Environmental Services, in an amount not to exceed $7,500 for a Household Hazardous Waste Collection Day
to be held September 24, 2011, at the Schuyler Shared Services Building, and
        BE IT FURTHER RESOLVED, that the other two proposals be rejected, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to execute any and
all documents necessary to carry out the above-referenced proposal acceptance, funding available in grant
funds; subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 220 Motion by Yuhasz, Second by Halpin.
RE: ACCEPT THE PROPOSAL FROM REACT FOR THE SEPTEMBER 24, 2011 USED
        ELECTRONICS RECYCLING DAY
        WHEREAS, the Planning Office of Cornell Cooperative Extension has issued a Request for Proposals
for a Used Electronics Recycling Day, and
        WHEREAS, three proposals were received, and
        WHEREAS, REACT has been in business since 2005 and has substantial expertise in the collection,
transportation, dismantling, salvage, sale, reuse, and recycling of computer and electronic material, and
        WHEREAS, REACT has successfully serviced Schuyler County collection events in the past in a
professional manner, providing required reporting on time, and
        WHEREAS, REACT will shred data devices at no cost, and
        WHEREAS, REACT will pay the County $.060/ pound of computers collected.
        NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Planning Office of Cornell
Cooperative Extension, that the Schuyler County Legislature hereby accepts the proposal from REACT, in
which the per pound payment for electronics will cover the fees charged for data destruction services, for an
Electronics Recycling Day to be held September 24, 2011, at the Schuyler Shared Services Building, and
86                                     SCHUYLER COUNTY LEGISLATURE
        BE IT FURTHER RESOLVED, all other proposals shall be rejected, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to execute any and
all documents necessary to carry out the above referenced proposal acceptance; subject to approval of the
Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 221 Motion by Halpin, Second by Gifford.
RE: AGREEMENT WITH COMFORT KEEPERS FOR PC1 AND SUPERVISION (RESPITE) SERVICES
        UNDER EISEP AND TITLE IIIE CAREGIVER PROGRAMS – OFFICE FOR THE AGING
        WHEREAS, the Expanded In-Home Services for the Elderly Program (EISEP) and the IIIE Caregiver
programs include aide service for personal care level I and supervision (respite) services, and
        WHEREAS, the Comfort Keepers agency can provide aides for said services, and
        WHEREAS, the current agreement with Stafkings, Inc. does not provide sufficient coverage to meet all
needs for aide coverage as evidenced by the existing waiting list, and
        WHEREAS, the 2011-2012 EISEP and 2011 IIIE budgets include funds for such services in line item
6772.0490.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign any and all contracts and agreements with the Comfort Keepers agency to provide the necessary aide
service at a rate not to exceed $20.00 per hour for the term of August 15, 2011 through December 31, 2011, said
contract subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 222 Motion by Halpin, Second by Gifford.
RE: AUTHORIZE TWO (2) ADDITIONAL POSITIONS FOR ON-CALL MEAL DELIVERERS -
        OFFICE FOR THE AGING
        WHEREAS, the Schuyler County Office for the Aging has a full-time Meal Deliverer position, three (3)
part-time positions and two (2) on-call positions, and
        WHEREAS, the full-time Meal Deliverer also spends a percentage of work time in the kitchen assisting
with meal prep duties, cleaning and additional work where needed, and
        WHEREAS, due to medical leaves, vacation and other use of benefit time, there is a need to have
additional on-call positions to cover home delivered meals and meal deliveries to the meal sites during
absences.
        NOW, THEREFORE, BE IT RESOLVED, that the Office for the Aging Director is hereby authorized to
create and fill two on-call Meal Deliverer positions at an hourly rate of $11.27 for each on-call Meal Deliverer,
to be placed in Grade 1, as set forth in the Administrative Union Contract.
Vote 8-0.
RESOLUTION NO. 223 Motion by Halpin, Second by Gifford.
RE: ESTABLISH 2011 - 2012 ANNUAL IMMUNIZATION GRANT - PUBLIC HEALTH
        WHEREAS, Schuyler County’s Annual Immunization Grant will be $30,000 for the period April 1, 2011
through March 31, 2012.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
establish the 2011 - 2012 Immunization Grant Budget.
        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 8-0.
RESOLUTION NO. 224 Motion by Halpin, Second by Field.
RE: ESTABLISH 2011 - 2012 LEAD GRANT - PUBLIC HEALTH
        WHEREAS, Schuyler County’s 2011 – 2012 Lead grant will be $29,659 for the period October 1, 2011
through September 30, 2012.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
establish the 2011 - 2012 Lead Grant Budget.
        BE IT FURTHER RESOLVED, that the Chair 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.
                                      PROCEEDINGS OF THE YEAR 2011                                               87
Vote 8-0.
RESOLUTION NO. 225 Motion by Halpin, Second by Field.
RE: AUTHORIZE TRANSFER OF FUNDS FOR BUILDING REPAIRS – COMMUNITY SERVICES
        WHEREAS, Resolution No. 482-98 established a Community Services Board reserve account to cover
expenses related to major repairs and projects at the Mill Creek Center building, and
        WHEREAS, replacement of smoke detectors at Mill Creek Center is required for compliance with the
Department of Health regulations, and
        WHEREAS, the cost of this replacement is $1,957.50, and
        WHEREAS, the bill for this replacement should be paid from the Community Services Board Building
Repairs Account.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer $1,957.50 from the Community Services Board Reserve Account to account no. 4310.427 – Building
Repairs, to replace smoke detectors at the Mill Creek Building.
Vote 8-0.
RESOLTUION NO. 226 Motion by Halpin, Second by Field.
RE: AUTHORIZE CONTRACT WITH LINN AFTUCK, OT, FOR PRESCHOOL SERVICES – PUBLIC
        HEALTH
        WHEREAS, the Public Health Department is required to provide Preschool services for children, and,
        WHEREAS, Linn Aftuck is approved as a provider for Preschool services.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into a Contract with Linn Aftuck, OT for Preschool services, effective August 1, 2011 through June 30,
2012, at the rate of $65 per half-hour session, to be renewed annually, funds available in the Public Health budget,
account no. 2960.0400, subject to the approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 227 Motion by Larison, Second by Barnes.
RE: DESIGNATE THE HUMAN SERVICES COMMITTEE AS THE CORPORATE COMPLIANCE
        SUBCOMMITTEE – HEALTH SERVICES
        WHEREAS, under 18 New York State Codes Rules and Regulations (NYCRR) (52) all Medicaid
providers are required to have a compliance program, and
        WHEREAS, New York State Social Services Law Section 363-3 requires that all compliance programs
contain eight elements set out in this section, and
        WHEREAS, one of the elements requires a standing agenda item for the governing board’s meetings
(Schuyler County Legislature) or appropriate committee of the board.
        NOW, THEREFORE, BE IT RESOLVED, that the Human Services Committee be designated to be the
Corporate Compliance Subcommittee to review regular compliance reports from Schuyler County Health
Services.
Vote 8-0.
RESOLUTION NO. 228 Motion by Larison, Second by Barnes.
RE: AUTHORIZE ADVERTISING FOR BIDS FOR SENECA HARBOR PARK – UPGRADES TO
        EXISTING FACILITIES – BUILDINGS AND GROUNDS
        WHEREAS, Resolution 48-07 authorized a contract with New York State Office of Parks, Recreation
and Historic Preservation to develop the Northern end of the Catharine Valley Trail, and
        WHEREAS, Resolution 154-10 authorized the scope of work changed from Development of Trail to
Trailhead Improvements, and
        WHEREAS, the project design is complete, it is now necessary to advertise for bids for construction.
        NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to
advertise for bids to Upgrade Existing Facilities the Seneca Harbor Park, and
        BE IT FURTHER RESOLVED, that bids are to be marked “Sealed Bid” and received by the Clerk of the
Legislature at the County Office Building, 105 Ninth Street, Unit 6, Watkins Glen, New York 14891 no later than
10:00 a.m. on Friday, August 26, 2011. The bids will be opened that same day in the Legislative Office at 10:15
a.m., at which time recommendations for Legislative action will be made; acceptance or rejection of bids will be
88                                      SCHUYLER COUNTY LEGISLATURE
done at the September 12, 2011 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. 229 Motion by Larison, Second by Barnes.
RE: AUTHORIZE CONTRACTS FOR COURTHOUSE COMPLEX AND MILL CREEK COMPLEX
        PARKING LOT RESTORATION AND HUMAN SERVICES COMPLEX PARKING LOT
        REPAVING – BUILDINGS AND GROUNDS
        WHEREAS, the Courthouse Complex and Mill Creek Complex Parking Lots are in need of minor
repairs and sealing, to extend the life of the lots, and
        WHEREAS, the Human Services Complex Front Parking Lot is in need of milling and repaving, and
        WHEREAS, the Building maintenance Supervisor has accepted the New York State Office of
Government Services pricing for the following estimated costs from Suit-Kote:
                        Mill Creek Center:               $ 10,800
                        Courthouse Complex:              $ 25,265
                                           Total         $ 36,065, and
        WHEREAS, the Building Maintenance Supervisor has accepted the New York State Office of
Government Services pricing for the following estimated cost from A.L. Blades:
                        Human Services Complex           $265,000, and
        WHEREAS, milling is not included in New York State Office of Government Services pricing and will
be quoted.
        NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby
authorized to sign a contract with Suit-Kote for the estimated cost of $36,065 for minor repairs and sealing of
the Courthouse Complex and Mill Creek Complex parking lot and with A.L. Blades for the estimated cost of
$265,000 for repaving of the Human Services Complex, subject to approval by the Schuyler County Attorney,
and
        BE IT FURTHER RESOLVED, that funding is available in the Facilities and Grounds Capital Reserve
account 004.1620.0209.
Vote 8-0.
RESOLUTION NO. 230 Motion by Barnes, Second by Gifford.
RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, EXTENDING THE
        ADDITIONAL RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY
        AND OF CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS AND AMUSEMENT
        CHARGES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK
        AND EXEMPTING CERTAIN RESIDENTIAL ENERGY SOURCES AND SERVICES FROM SUCH
        ADDITIONAL RATE OF TAX
        Be it enacted by the Legislature of the county of Schuyler, as follows:
        SECTION 1. The first sentence of section two of Resolution No. 140 as enacted November 27, 1967, as
amended, is amended to read as follows:
        SECTION 2. Imposition of sales tax.
        On and after March 1, 1968, there is hereby imposed and there shall be paid a tax of three percent upon,
and for the period commencing March 1, 2000, and ending November 30, 2013, there is hereby imposed and
there shall be paid an additional tax of one percent upon:
        SECTION 2. Subdivision (f) of section three of Resolution No. 140 as enacted November 27, 1967, as
amended, is amended to read as follows:
        (f) With respect to the additional tax of one percent imposed for the period commencing March 1, 2000,
and ending November 30, 2013, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply,
except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an
effective date shall be read as referring to March 1, 2000, all references in said subdivision (a) to the date four
months prior to the effective date shall be read as referring to November 1, 1999, and the reference in
subdivision (b) to the date immediately preceding the effective date shall be read as referring to February 29,
                                         PROCEEDINGS OF THE YEAR 2011                                            89
2000. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to March 1, 2000, any
transaction which may not be subject to the additional tax imposed effective on that date.
        SECTION 3. Section four of Resolution No. 140 as enacted November 27, 1967, as amended, is
amended to read as follows:
        SECTION 4. Imposition of compensating use tax.
(a) Except to the extent that property or services have already been or will be subject to the sales tax under this
enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and
after March 1, 2000, except as otherwise exempted under this enactment, (A) of any tangible personal property
purchased at retail, (B) of any tangible personal property (other than computer software used by the author or
other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible
personal property are offered for sale by him in the regular course of business or (ii) if items are used as such or
incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting
structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or
repairing real property, property or land, as the terms real property, property or land are defined in the real
property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or
repairman or other user in the regular course of business, (C) of any of the services described in paragraphs (1),
(7) and (8) of subdivision (c) of section two, (D) of any tangible personal property, however acquired, where
not acquired for purposes of resale, upon which any of the services described under paragraphs (2), (3) and (7)
of subdivision (c) of section two have been performed, (E) of any telephone answering service described in
subdivision (b) of section two and (F) of any computer software written or otherwise created by the user if the
user offers software of a similar kind for sale as such or as a component part of other property in the regular
course of business, (G) of any prepaid telephone calling service, and (H) of any gas or electricity described in
subdivision (b) of section two of this enactment.
        (b) For purposes of clause (A) of subdivision (a) of this section, for the period commencing March 1,
2000, and ending November 30, 2013, the tax shall be at the rate of four percent, and on and after December 1,
2013, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for such
property, or for the use of such property, including any charges for shipping or delivery as described in
paragraph three of subdivision (b) of section one, but excluding any credit for tangible personal property
accepted in part payment and intended for resale.
        (c) For purposes of subclause (i) of clause (B) of subdivision (a) of this section, for the period
commencing March 1, 2000, and ending November 30, 2013, the tax shall be at the rate of four percent, and on
and after December 1, 2013, the tax shall be at the rate of three percent, of the price at which items of the same
kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or
withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled
such property shall not be deemed a taxable use by him; provided, however, that if the user uses such an item
itself on its own premises (not including making a gift of such tangible personal property), solely in the conduct
of the user’s own business operations, and the item retains its characteristic as tangible personal property when
so used, the tax shall be at the rate, and on the consideration, described in subdivision (d) of this section.
        (d) For purposes of subclause (ii) of clause (B) of subdivision (a) of this section, for the period
commencing March 1, 2000, and ending November 30, 2013, the tax shall be at the rate of four percent, and on
and after December 1, 2013, the tax shall be at the rate of three percent, of the consideration given or contracted
to be given for the tangible personal property manufactured, processed or assembled into the tangible personal
property the use of which is subject to tax, including any charges for shipping or delivery as described in
paragraph three of subdivision (b) of section one.
        (e) Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision
(a) of this section, there shall be no tax on any portion of such price which represents the value added by the
user to tangible personal property which he fabricates and installs to the specifications of an addition or capital
improvement to real property, property or land, as the terms real property, property or land are defined in the
real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such
tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor
90                                    SCHUYLER COUNTY LEGISLATURE
who similarly fabricated and installed such tangible personal property to the specifications of an addition or
capital improvement to such real property, property or land.
        (f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing
March 1, 2000, and ending November 30, 2013, the tax shall be at the rate of four percent, and on and after
December 1, 2013, the tax shall be at the rate of three percent, of the consideration given or contracted to be
given for the service, including the consideration for any tangible personal property transferred in conjunction
with the performance of the service and also including any charges for shipping and delivery of the property so
transferred and of the tangible personal property upon which the service was performed as such charges are
described in paragraph three of subdivision (b) of section one.
        (g) For purposes of clause (F) of subdivision (a) of this section, for the period commencing March 1,
2000, and ending November 30, 2013, the tax shall be at the rate of four percent, and on and after December 1,
2013, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the
tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with
the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from
storage of computer software described in such clause (F) by its author or other creator shall not be deemed a
taxable use by such person.
        (h) For purposes of clause (G) of subdivision (a) of this section, for the period commencing March 1,
2000, and ending November 30, 2013, the tax shall be at the rate of four percent, and on and after December 1,
2013, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the
service, including the consideration for any tangible personal property transferred in conjunction with the
service and also including any charges for shipping and delivery of the property so transferred as such charges
are described in paragraph three of subdivision (b) of section one; provided that, if the user offers like services
for sale in the regular course of business, the tax shall be at the rate of three percent of the price at which the
user offers such like services for sale.
        (i) For purposes of clause (H) of subdivision (a) of this section, for the period commencing June 1, 2000,
and ending November 30, 2013, the tax shall be at the rate of four percent, and on and after December 1, 2013,
the tax shall be at the rate of three percent, of the consideration given or contracted to be given for, or for the
use of, the gas or electricity, including the consideration for any tangible personal property transferred in
conjunction with the performance thereof, and including any charges described in paragraph three of
subdivision (b) of section one of this enactment.
        SECTION 4. Subdivision (k) of section six of Resolution No. 140 as enacted November 27, 1967, as
amended, is amended to read as follows:
        (k) Exemption of certain energy sources and related services from additional one percent rate of tax.
Notwithstanding any inconsistent provision of this resolution, receipts from the retail sale or use of fuel oil and
coal used for residential purposes; the receipts from the retail sale or use of wood used for residential heating
purposes; and the receipts from every sale, other than for resale, or use of propane (except when sold in
containers of less than one hundred pounds), natural gas, electricity, steam and gas, electric and steam services
used for residential purposes shall be exempt from the additional one percent rate of sales and compensating use
taxes imposed by sections 2 and 4, respectively, of this resolution for the period commencing March 1, 2000,
and ending November 30, 2013.
        SECTION 5. Paragraph (B) of subdivision (1) of section 11 of Resolution No. 140 as enacted
November 27, 1967, as amended, is amended to read as follows:
        (B) With respect to the additional tax of one percent imposed for the period beginning March 1, 2000,
and ending November 30, 2013, in respect to the use of property used by the purchaser in this County prior to
March 1, 2000.
        SECTION 6. Subdivision (d) of section fourteen of Resolution No. 140 as enacted in November 27,
1967, as amended, is added to read as follows:
        (d) Net collections attributable to the additional one percent rate of sales and compensating use taxes
imposed for the period beginning March 1, 2000, and ending November 30, 2013, are set aside for County
purposes and shall be available for any County purpose.
        SECTION 7. This enactment shall take effect December 1, 2011.
                                     PROCEEDINGS OF THE YEAR 2011                                            91
Vote 8-0.
RESOLUTION NO. 231 Motion by Barnes, Second by Gifford.
RE: LOCAL LAW INTRO. NO. 3 OF THE YEAR 2011 WAIVING THE RESIDENCY
         REQUIREMENTPER THE PUBLIC OFFICERS LAW FOR THE PUBLIC DEFENDER POSITION
         COUNTY OF SCHUYLER
         WHEREAS, Public Officers Law requires that the Public Defender be a County resident, and
         WHEREAS, The Schuyler County Public Defender has resigned, and
         WHEREAS, for the ease in transition, office continuity and the qualification the Schuyler County
Legislature has appointed/promoted the Assistant Public Defender to this position.
         NOW, THEREFORE, BE IT RESOLVED that Local Law Intro No. 3 of the year 2011 in the form
hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and
         BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on
September 12, 2011 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street,
Watkins Glen, NY.
                              LOCAL LAW INTRO. NO. 3 OF THE YEAR 2011
         A Local Law waiving the residency requirement per Public Officers Law for the Public Defender
position in the County of Schuyler.
         Be it enacted by the Legislature of the County of Schuyler as follows:
SECTION 1.            LEGISLATIVE INTENT
It is the intent of the within Local Law to modify the qualifications to hold the Office of Public Defender, by
dispensing with the requirement that they reside in the County of Schuyler.
SECTION 2.            QUALIFICATIONS OF OFFICE
In the County of Schuyler, no provision of law, New York State or otherwise, requiring a person to be a resident
of the political subdivision or municipal corporation of the State for which he/she shall be chosen or within
which his/her official functions are required to be exercised, shall prevent a person from holding the office of
Public Defender County of Schuyler provided that person resides in the County of Schuyler or a contiguous
county.
SECTION 3.            EFFECTIVE DATE
This Local Law shall become effective immediately upon passage.
Vote 8-0.
RESOLUTION NO. 232 Motion by Barnes. Second by Gifford.
RE: AUTHORIZE CONTRACT WITH GLEN ABSTRACT CORPORATION FOR ABSTRACT
         SERVICES FOR FORECLOSURE PROCEEDINGS-TREASURER’S OFFICE
         WHEREAS, Requests for Proposals (RFP) have been received relative to Article 11 of the Real
Property Tax Law, and
         WHEREAS, Glen Abstract Corporation has submitted the most cost effective proposal at $47.50 per
parcel.
         NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Glen Abstract Corporation for Abstracting Services effective August 15, 2011 through
August 15, 2012, subject to the approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 233 Motion by Gifford, Second by Larison.
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. 234 Motion by Larison, Second by Barnes.
RE: ACCEPT/REJECT BIDS FOR PAINTING THE COURTHOUSE CUPOLA – BUILDINGS AND
         GROUNDS
         WHEREAS, Resolution No. 201-11 authorized the Building Maintenance Supervisor to provide bid
documents and go out to bid for Painting of the Courthouse Cupola, and
         WHEREAS, said bid was opened August 2, 2011 at the Legislative Chambers, and
92                                    SCHUYLER COUNTY LEGISLATURE
        WHEREAS, the Building Maintenance Supervisor recommends acceptance of the bid from John H.
Cook, Jr., Painting Contractor, Inc., 510 Baldwin Street, Elmira, NY 14901
        NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the
Building Maintenance Supervisors recommendation to accept the bid in the amount of $48,840 from John H.
Cook, Jr., Painting Contractor, Inc., 510 Baldwin Street, Elmira, NY 14901, and
        BE IT FURTHER RESOLVED, that the bid from Crest Painting & Historic Restoration be rejected.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
enter into a contract with John H. Cook, Jr., Painting Contractor, Inc., 510 Baldwin Street, Elmira, NY 14901 at
a total cost of $48,840 with funding available in Buildings and Grounds Capital Account no. 004.1620.0209;
subject to approval of the Schuyler County Attorney.
DISCUSSION: Chairman Fagan advised the Legislature that Mickey Kastenhuber, Building Maintenance
Supervisor, had estimated this project to cost $50,000.00. This is below the estimate.
Vote 8-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
        Legislator Larison reported that the transit system is working well with the new routes and the ridership
is increasing. This is good news.
        Legislator Barnes reported that he attended the Alternative to Incarceration Meeting today in the
Probation Department and to date the Probation Department has saved $253,000.00 that would have gone to our
Sheriff’s Department for housing inmates and $616,000.00 to the State which would have been used for housing
State inmates. The Probation Department officers are visiting homes and catching people with drug levels and
weapons. It is admirable what that Department is doing. We don’t hear about things like this. He feels that all
public safety agencies are working well together.
        Chairman Fagan reported that he received correspondence on July 29, 2011 from Tom Santulli, County
Executive for Chemung County, relative to the Susquehanna River Basin and Watershed. Mr. Santulli would
like Counties to protect the Total Maximum Daily Load (TMDL) in New York State. It appears that it could
cost the Counties $2 to $4 billion to comply with the Environmental Protection Acts (EPA) regulations. It is
quite a dispute on how the TMDL allocation was made. New York State has done a significant job in terms of
pollution run off control with farms. If the other five States in this watershed had the waste water quality that
New York State has, this bay would not be polluted. Tom Santulli would like all Counties to file a lawsuit. In
his County alone, it will cost them $30 Million in treatment plan upgrades and $2 Million to comply with the
EPA’s requirements. Both Senators Schumer and Gillibrand have written the EPA regarding the allocation as
has Congressman Reed. There has been no action by the EPA to date. In this day and age, everyone realizes
water quality should not be done on the shoulders of New York State. Legislator Larison stated that the New
York State Association of Conservation Districts has invited the State to do legislation and Albany will not do
so. The water is being tested in Towanda and it is cleaner than in the Susquehanna. Chairman Fagan said they
have not received an awful lot of forceful reaction from New York State.
COUNTY ADMINISTRATOR’S REPORT:
        Administrator O’Hearn handed out hard copies of the Tax Cap Webinar that New York State
Association of Counties (NYSAC) presented two weeks ago. Chairman Fagan explained that he has designated
O’Hearn as the Schuyler county representative for the Regional Council. O’Hearn reported that the
membership has been asked to complete an on line survey. He passed around the results of the survey. There
are obstacles and opportunities. The agricultural and tourism is the highest for our area. This is just a
summary. Last week’s first meeting was to become acquainted. The last page is workgroup of subcommittees.
They will be meeting quite regularly and the meetings will be between the Binghamton area and Cornell
locations every other week. The workgroups will meet more frequently. The dates and time should be
formalized by tomorrow. Legislator Halpin asked who received the survey. O’Hearn said those who are
appointed to the council. That would be himself and Scott Welliver for this County.
        Administrator O’Hearn also expanded on the Transit System comments from Legislator Larison. He
stated that August 16th marks the completion of the first year. It is the anniversary date and they will be
                                      PROCEEDINGS OF THE YEAR 2011                                           93
offering a buy one get one free day. They are experiencing success with the dial a ride program and will be
expanding it. They will also be offering field trips for the remainder of the month. August 19, 26 and 29th the
buses will be picking up riders from outlining areas and bringing them into the Villages of Watkins Glen and
Montour Falls. These rides will be at no charge.
PUBLIC PARTICIPATION: None.
        MOTION by Chairman Fagan, SECOND by Legislator Gifford to go into executive discussion to
discuss property disposition/acquisition and employee work history. Motion carried eight ayes to zero noes.
        MOTION by Legislator Gifford, SECOND by Legislator Larison to come out of executive discussion.
Motion carried eight ayes to zero noes.
        The Meeting adjourned at 7:06 P.M.
               Stacy B. Husted, Clerk

                                            REGULAR MEETING
                                            SEPTEMBER 12, 2011

         The September12, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Gifford and followed by a Moment of
Silence. All Legislators were present except Legislator Yuhasz who was excused. County Administrator
Timothy O’Hearn and Acting County Attorney Dennis Morris were also present.
PUBLIC PARTICIPATION:
         There were a number of citizens present from the Gas Free Seneca group.
         David Crea, an engineer from US Salt, spoke first emphasizing the positives of the LPG Storage
Facility. His letter is on file in the Legislative Office.
         Joseph Campbell, Town of Pulteney, New York, representing the Gas Free Seneca Group, spoke. He
informed the Legislators that he has 4,000 signatures on a petition against the Inergy project. The petition is
asking the Legislature to request that the New York State Department of Environmental Conservation
(NYSDEC) to do a risk assessment performed by a third party prior to approving the application. He named
two firms that do this type of service. He referred to some statistics. His hand written notes are on file in the
Legislative Office.
         Deb Reed, from the Town of Hector, introduced Libby Foust from Bradford County. Libby explained
how her family’s farm was one of the first wells drilled in their area. She read from a script explaining the
downfalls from the gas drilling in their area and how it affected her family’s farm, surroundings and the general
landscape in her community. She is in opposition of hydraulic fracturing.
         Joseph Campbell spoke again about the level of truck traffic and the impact on tourism this might have
on the area. Have then talked about the risks versus the small benefits of the outcome. He is not against the gas
facility, just concerned about the natural resources in the area.
         Bob Fitzsimmons, from the Town of Hector, said he had done some research on the topic being
discussed. His concern is the large companies with real power, as they can do harm to our community. He
made it very clear that wine and gas do not mix. He was very passionate about his feelings.
         Three additional people spoke out against the LPG Facility. Two from the Town of Hector, and one
from the Town of Reading. They didn’t identify who they were.
         Sue Brill, spoke out regarding her dissatisfaction with the County’s position on two issues. One with the
Board of Elections and the other with a situation in the Highway Department.
6:45 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 3 OF THE YEAR 2011 WAIVING
THE RESIDENCY REQUIREMENT PER THE PUBLIC OFFICERS LAW FOR THE PUBLIC
DEFENDER POSITION, COUNTY OF SCHUYLER: None.
RESOLTUION NO. 235 Motion by Gifford, Second by Larison.
RE: APPROVE THE MINUTES OF THE AUGUST 3, 2011 SPECIAL MEETING AND THE AUGUST 8,
         2011 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
         BE IT RESOLVED, that the minutes of the August 3, 2011 Special Meeting and the August 8, 2011
Regular Meeting of the Schuyler County Legislature be approved.
94                                    SCHUYLER COUNTY LEGISLATURE
Vote 7-0.
RESOLUTION NO. 236 Motion by Barnes, Second by Gifford.
RE: ADOPT UPDATED SCHUYLER COUNTY HAZARDOUS MATERIALS PLAN - SCHUYLER
        COUNTY EMERGENCY MANAGEMENT
        WHEREAS, the Hazardous Materials Plan for Schuyler County was initially approved in 1989, and
        WHEREAS, the plan has been significantly revised by the Emergency Management office, and
        WHEREAS, the purpose of the plan is to provide a management plan for a declared emergency
involving the release of hazardous materials in Schuyler County, and
        WHEREAS, the plan has been approved by the New York State Office of Fire Prevention and
Hazardous Materials Bureau in July, 2011.
        NOW, THEREFORE, BE IT RESOLVED, that effective immediately, the Schuyler County Legislature
does hereby adopt the revised June, 2011 Hazardous Materials Plan, developed to comply with these
regulations, Article 2B of the Executive Law of New York State, 29CFR 1910.120(q) and Superfund
Amendment and Reauthorization Act of 1986 (SARA Title III).
Vote 7-0.
RESOLUTION NO. 237 Motion by Barnes, Second by Gifford.
RE: ACCEPT AND ESTABLISH THE NEW YORK STATE OFFICE OF INDIGENT LEGAL SERVICES
        GRANT, T000032/RESCIND RESOLUTION NO. 170-11– PUBLIC DEFENDER
        WHEREAS, the Public Defender’s Office has received the New York State Office of Indigent Legal
Service Grant, T000032, in the amount of $8,173, and
        WHEREAS, Resolution No. 170-11 originally authorized amending the 2011 budget for said funds that
are now to be handled as grant funds, and
        WHEREAS, said grant will be for the period of June 1, 2011 to May 31, 2012.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby directed to
establish the New York State Office of Indigent Legal Services Grant budget # T000032 accordingly in
cooperation with the Public Defender’s Office, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and
all documents relative to the grant, subject to the approval of the Schuyler County Attorney, and
        BE IT FURTHER RESOLVED, that Resolution No. 170-11 is no longer needed and therefore is hereby
rescinded.
Vote 7-0.
RESOLUTION NO. 238 Motion by Barnes, Second by Gifford.
RE: RESOLUTION TO MODIFY SCHUYLER COUNTY AGRICULTURAL DISTRICT #1
        WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b),
Schuyler County holds an eight year review of each of the three Agricultural Districts within the County, and
        WHEREAS, Schuyler County Agricultural District #1 was certified on October 1995 and has been
under review for a second time in 2011 by the Schuyler County Agriculture and Farmland Protection Board,
and
        WHEREAS, two initial public hearings were duly noticed for March 24, 2011 and March 30, 2011, and
        WHEREAS, a review of the current district boundaries, inquiry to landowners, and public feedback
resulted in a proposed modification of District #1 through the addition of 342.28 acres and removal of 648.16
acres, and
        WHEREAS, in compliance with New York State Environmental Quality Review laws, Schuyler County
must review the potential environmental impacts of the modification of District #1 and upon doing so the
Legislature found that there were no significant negative environmental impacts on June 13, 2011, and
        WHEREAS, Schuyler County has held a final public hearing on the proposed modification of Schuyler
County Agriculture District #3 on August 8, 2011.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby accept the
proposed modification of Schuyler County Agricultural District #1, and requests that said changes be certified
by the Commissioner of the New York State Department of Agriculture and Markets.
Vote 7-0.
                                       PROCEEDINGS OF THE YEAR 2011                                              95
RESOLUTION NO. 239 Motion b Barnes, Second by Gifford.
RE: AUTHORIZE THE CREATION AND FILLING OF A PUBLIC HEALTH SPECIALIST POSITION –
         PUBLIC HEALTH
         WHEREAS, recruitment for nurses remains unsuccessful, and
         WHEREAS, Public Health requires additional staff to meet obligations, and
         WHEREAS, opening up employment for a non nurse professional may be more successful, and
         WHEREAS, the Public Health is requesting to create this position, upon the approval of the County
Administrator, and
         WHEREAS, funding for this position is included in the 2011 budget.
         NOW, THEREFORE, BE IT RESOLVED, that the Public Health Department is hereby authorized to
create and fill the Public Health Specialist position at an hourly rate of $21.37, to be placed in Grade 11, in the
Administrative Contract.
Vote 7-0.
RESOLUTION NO. 240 Motion by Halpin. Second by Karius.
RE:      RECOGNIZE OCTOBER 23 – 29, 2011 AS NATIONAL LEAD POISONING PREVENTION WEEK
         (NLPPW) - PUBLIC HEALTH
         WHEREAS, there is a goal of eliminating childhood lead poisoning in the United States, and,
         WHEREAS, NLPPW occurs every year during the last full week in October, and
         WHEREAS, during this week, CDC aims to raise awareness about lead poisoning; stress the importance
of screening all children at ages one and two, all Children under age 6 at high risk and children who have never
had a lead test; highlight partner’s efforts to prevent childhood lead poisoning; and urge Schuyler County
Citizens to take steps to reduce lead exposure, and
         WHEREAS, a child's Primary Care Physician or what is now referred to as the Medical Home should
test all one and two year olds' blood lead levels during routine Well Child Care, and
         WHEREAS, the Schuyler County Public Health Department provides education and case management
for children identified with lead poisoning and coordinates with the local Primary Care Physicians and
NYSDOH office in Hornell, to eliminate childhood lead poisoning in Schuyler County, and
         WHEREAS, childhood lead poisoning can cause lower IQs, growth problems, kidney damage, behavior
problems, anemia and hearing loss in children.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes the week of
October 23-29, 2011 as National Lead Poisoning Prevention Week and encourages all Schuyler County's one
and two year olds be tested for lead poisoning.
Vote 7-0.
RESOLUTION NO. 241 Motion by Halpin, Second by Karius.
RE: RECOGNIZE OCTOBER 2011 AS PERTUSSIS AWARENESS MONTH IN SCHUYLER COUNTY -
         PUBLIC HEALTH
         WHEREAS, Pertussis, also known as whooping cough, is a highly contagious respiratory disease and,
         WHEREAS, Pertussis is known for uncontrollable violent coughing, and may occur at any age and,
         WHEREAS, children who are too young to be fully vaccinated and those who have not completed the
primary vaccination series are at highest risk for severe illness and,
         WHEREAS, the incidence of the disease is on the increase in adolescents and adults due to decreasing
immunity in the populations and,
         WHEREAS, two recent deaths in New York State from Pertussis in young infants have occurred and
traced back to health care workers exposures and,
         WHEREAS, the most effective way to protect the very youngest in Schuyler County is for all adults,
especially young parents, grandparents, child care and health care workers be immunized against Pertussis and ,
          WHEREAS, Schuyler County Public Health and Schuyler Hospital together will be reaching out to the
Schuyler County community about this issue during October 2011.
         NOW THEREFORE BE IT RESOLVED, that the Schuyler County Legislature recognize the month of
October 2011 as Pertussis awareness month and encourage all Schuyler County adults; especially young
parents, grandparents, child care, and health care providers be immunized against Pertussis.
96                                    SCHUYLER COUNTY LEGISLATURE
Vote 7-0.
RESOLUTION NO. 242 Motion by Larison, Second by Halpin.
RE: AUTHORIZE AN APPLICATION WITH MENTAL HEALTH ASSOCIATION NEW YORK STATE
         (MHANYS) FOR COMMUNITY SUICIDE PREVENTION GRANT – COMMUNITY SERVICES
         WHEREAS, suicide is tragic, permanent end to one's life, and
         WHEREAS, according to Suicide Awareness Voices of Education (SAVE) (2011), suicide takes the
lives of about 30,000 Americans every year", and
         WHEREAS, a community support team can be made up of professionals who are skilled and trained and
can assist with suicide crisis, and
         WHEREAS, the Community Services Department wishes to apply for a Suicide Prevention Grant in the
amount of $5,350 from MHANYS, and
         WHEREAS, said grant application requires no local share costs.
         NOW, THEREFORE, BE IT RESOLVED that the Chairman of the Legislature is hereby authorized to
sign any and all documents relative to the said grant application with MHANYS for the Community Services
Department for the Community Suicide Prevention Grant, subject to the approval of the Schuyler County
Attorney.
Vote 7-0.
RESOLUTION NO. 243 Motion by Larison, Second by Halpin.
RE: AUTHORIZE APPOINTMENT, SET SALARY AND INCREASE HOURS FOR THE DIRECTOR OF
         VETERANS SERVICE AGENCY
         WHEREAS, the current Director of Veterans Service Agency will retire as of September 30, 2011, and
will leave the Director’s position vacant, and
         WHEREAS, it is the recommendation of the Human Services Committee that Joan E. Cole-Scott be
hired to fill the vacant Director’s Position, and
         WHERAS, the hours for the Director’s Position will be increased from 20 hours a week to 25 hours a
week.
         NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the appointment of Joan E.
Cole-Scott, as Director of Veterans Service Agency, effective October 1, 2011, to work 25 hours per week at
an annual salary of $26,000.
DISCUSSION: Legislator Barnes said he understands that the County Administrator is not recommending
filling the vacancy this creates in the office. He said there have been quite a few responses of concerns with
only one person being in the office with this appointment. He wanted to know about office coverage while the
Director is on vacation or ill. He would be in support of adding the additional part time position in that office.
Chairman Fagan stated that this is going to be a real tough budget year ahead of us. Our friends in Albany have
not done us any favors with this tax cap we are facing. We really need to hear from the new Director before we
add more man power to that office. She accepted the job with these stipulations.
Vote 7-0.
RESOLUTION NO. 244 Motion by Larison, Second by Halpin.
RE: AUTHORIZE CONTRACT WITH FIDELIS CARE NEW YORK - SOCIAL SERVICES
         WHEREAS, the State of New York has contracted with Fidelis Care for Facilitated Enrollment for
Medicaid Insurance Programs and has mandated that each Local Department of Social Services contract for this
service, and
         WHEREAS, Fidelis Care will perform the initial processing of Medicaid applications obtaining required
documentation and conducting necessary interviews, at no cost to the County.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Fidelis Care New York for the Department of Social Services for medical insurance
application assistance for the term July 2011 until terminated, at no cost to the Department of Social Services,
subject to approval of the Schuyler County Attorney.
Vote 7-0.
WITHDRAWN
                                        PROCEEDINGS OF THE YEAR 2011                                           97
RE: ACCEPT/REJECT QUOTES FOR STRIPING THE HUMAN SERVICES COMPLEX, MILL CREEK
        CENTER AND COURTHOUSE COMPLEX PARKING LOTS – BUILDINGS AND GROUNDS -
        WITHDRAWN
        WHEREAS, Resolution No. 229-11 authorized a contract with A.L. Blades to repave the Human
Services Complex parking lots and a contract with Suit-Kote to repair and seal the Courthouse Complex and
Mill Creek Parking lots, and
        WHEREAS, the parking lots will need to be striped after paving. and
        WHEREAS, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisors
recommendation to accept the quote at a total cost of $3,005 from Runrite Construction & Pavement
Maintenance, 207 Speedway, Odessa, NY 14869, for striping the parking lots in the following amounts:
                         Human Services Complex        $1,745
                         Mill Creek Center             $ 275
                         Courthouse Complex            $ 985
                                            Total      $3,005, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a
contract with Runrite Construction & Pavement Maintenance, 207 Speedway, Odessa, NY 14869, at a total
cost of $3,005 with funding available in Buildings and Grounds Capital Account No. 004.1620.0209; subject to
approval of the Schuyler County Attorney.
RESOLUTION NO. 245 Motion by Larison, Second by Karius.
RE: AUTHORIZE NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) TO
        UTILIZE COUNTY ROAD 12 AS DETOUR DURING PERIOD OF CONSTRUCTION OF STATE
        ROUTE 224 OVER CAYUTA CREEK BRIDGE – HIGHWAY DEPARTMENT
        WHEREAS, the NYSDOT proposed to reconstruct the State Route 224 over Cayuta Creek bridge in the
Town of Cayuta, Schuyler County, NYSDOT Capital Project Identification Number 6017.20, and
        WHEREAS, in conformance with Section 42 of the New York State Highway Law, the NYSDOT
proposes to utilize the following roads and streets as detours during the period of construction: Schuyler County
Road 12, also known as Pony Hollow Road, between SR 224 and Tompkins/Schuyler County Line and
Tompkins County Route 135, also known as Cayuta Road, between Tompkins/Schuyler County Line and SR13,
and
        WHEREAS, the NYSDOT will provide traffic control devices and make improvements to the above
mentioned roads and streets to make them adequate to handle additional detour traffic.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize
the NYSDOT to utilize the above mentioned roads and streets in their jurisdiction as detours during the period
of construction, and
        BE IT FURTHER RESOLVED, that the County of Schuyler will continue to provide routine
maintenance on the above mentioned roads and streets in their jurisdiction, including snow and ice control, and
        BE IT FURTHER RESOLVED, that the County of Schuyler will own and maintain the permanent
improvements made to the detour routes on the above mentioned roads and streets in their jurisdiction, and
        BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature is hereby directed to
transmit five (5) certified copies of this Resolution to the State Department of Transportation.
Vote 7-0.
RESOLUTION NO. 246 Motion by Larison, Second by Karius.
RE: ACCEPT CONTRACT EXTENSION FOR MISCELLANEOUS STRUCTURAL MAINTENANCE
        AND RECONSTRUCTION ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY –
        HIGHWAY DEPARTMENT
        WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the first
year of a two-year contract renewal option for Miscellaneous Structural Maintenance and Reconstruction, and
        WHEREAS, Silverline Construction, Inc. has agreed in writing to extend the original agreement under
the same terms and conditions. The contract period shall be October 1, 2011 through September 30, 2012.
         NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accepts the bid extension from Silverline Construction, Inc., and
98                                   SCHUYLER COUNTY LEGISLATURE
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said
contract extension, subject to approval by the Schuyler County Attorney.
Vote 7-0.
RESOLUTION NO. 247 Motion by Larison, Second by Karius.
RE: RESOLUTION TO DENY APPLICATION FOR REFUND AND CREDIT OF REAL PROPERTY
        TAXES IN THE TOWN OF HECTOR – REAL PROPERTY TAX
        WHEREAS, an application for refund and credit of real property taxes has been made in accordance
with Section 556 of the Real Property Tax Law (RPTL) for parcel 56.00-1-46.2, owned by Gell in the Town of
Hector, and
        WHEREAS, the property owner alleges that she should have been eligible for exemptions pursuant to
RPTL Section 459-c and Section 305 of the Ag & Markets Law, but did not receive them on the 2009 tax roll,
and     WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances
of the alleged error and has found that proper application was apparently not made, and
        WHEREAS, it is the recommendation of the Director to deny the application.
        NOW, THEREFORE BE IT RESOLVED, that the application is hereby denied.
Vote 7-0.
RESOLUTION NO. 248 Motion by Larison, Second by Gifford.
RE: AUTHORIZE AN INCREASE IN THE REASONABLE AND NECESSARY ALLOWANCE FOR
        MORTGAGE TAX “HIRE OF CLERKS” EXPENSES – COUNTY CLERK
        WHEREAS, pursuant to Section 261 and 262 of the Tax Law, subject to the approval by the Tax
Commission, recording officers are entitled to receive all necessary expenses incurred for the purpose of
administration of mortgage taxes, and
        WHEREAS, the necessary expenses have risen since the last approval for expenses was given in 2005
for the sum of $35,040 per annum.
        NOW, THEREFORE, BE IT RESOLVED, that the sum of $45,660 per annum be hereby determined as
the necessary and reasonable allowance to be received by the Recording Officer of the County of Schuyler for
the purpose of administering mortgage taxes, and
        BE IT FURTHER RESOLVED, that the Clerk of the Legislature forward copies of this Resolution to
the County Clerk and Treasurer and two certified copies to the County Clerk to be submitted to the State Tax
Commission.
Vote 7-0.
RESOLUTION NO. 249 Motion by Larison, Second by Gifford.
RE: AUTHORIZE AMENDMENT TO THE SCHUYLER COUNTY NON-UNION SICK LEAVE BANK
        POLICY – HUMAN RESOURCES
        WHEREAS, the Non-Union Sick Leave Bank Policy is in need of some adjustments and revisions, due
to Family Medical Leave Act revisions and other matters, and
        WHEREAS, said policy has been reviewed by the membership and approved by the Management and
Finance Committee.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby amends the
Non-Union Sick Leave Bank Policy on file in the Human Resources Office.
Vote 7-0.
RESOLUTION NO. 250 Motion by Larison, Second by Gifford.
RE: AUTHORIZE SALE OF SURPLUS COUNTY PROPERTY TO THE TOWN OF ORANGE
        WHEREAS, Schuyler County holds title to Parcel 102.05-1-18.1, in the Town of Orange, and
        WHEREAS, this parcel is no longer needed by the County.
        NOW, THEREFORE, BE IT RESOLVED, that Parcel 102.05-1-18.1 be declared surplus in accordance
with County Law Section 215, and
        BE IT FURTHER RESOLVED, that Parcel 102.05-1-18.1 be sold to the Town of Orange for the price
of $100.00, and
                                       PROCEEDINGS OF THE YEAR 2011                                           99
         BE IT FURTHER RESOLVED, that the Chairman of the Legislature and the County Attorney are
hereby directed and authorized to take all steps necessary to complete the sale of said premises, to include the
preparation and signature of all necessary conveyance documents, and
         BE IT FUTHER RESOLVED, that the Clerk of the Legislature shall prepare a certified copy of this
Resolution for transmittal to the County Attorney’s Office and recording in the Schuyler County Clerk’s Office
at closing.
Vote 7-0.
RESOLUTION NO. 251 Motion by Larison, Second by Gifford.
RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 4 OF THE YEAR 2011 WAIVING THE
         RESIDENCY REQUIREMENT PER THE PUBLIC OFFICERS LAW FOR THE PUBLIC
         DEFENDER POSITION IN THE COUNTY OF SCHUYLER
         WHEREAS, Local Law Intro. No. 3/Local Law No. 4 of the Year 2011 waiving the residency
requirement per Public Officers Law for the Public Defender position in the County of Schuyler was heretofore
introduced and appropriate notice established in the official newspaper regarding a public hearing to be held
September 12, 2011 at 6:45 p.m., and
         WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this
Legislature has duly considered the adoption and passage of said Local Law.
         NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 4 of the Year 2011, 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 No. 4 of the Year 2011, together with the required text thereof in
the official county newspaper.
                                   LOCAL LAW NO. 4 OF THE YEAR 2011
         A Local Law waiving the residency requirement per Public Officers Law for the Public Defender
position in the County of Schuyler.
         Be it enacted by the Legislature of the County of Schuyler as follows:
SECTION 1.            LEGISLATIVE INTENT
It is the intent of the within Local Law to modify the qualifications to hold the Office of Public Defender, by
dispensing with the requirement that they reside in the County of Schuyler.
SECTION 2.            QUALIFICATIONS OF OFFICE
In the County of Schuyler, no provision of law, New York State or otherwise, requiring a person to be a resident
of the political subdivision or municipal corporation of the State for which he/she shall be chosen or within
which his/her official functions are required to be exercised, shall prevent a person from holding the office of
Public Defender County of Schuyler provided that person resides in the County of Schuyler or a contiguous
county.
SECTION 3.            EFFECTIVE DATE
This Local Law shall become effective immediately upon passage.
Vote 7-0.
RESOLUTION NO. 252 Motion by Larison. Second by Halpin.
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. 253 Motion by Larison, Second by Gifford.
RE: AUTHORIZE AN APPLICATION TO THE FEDERAL TRANSIT ADMINISTRATION SECTION
         5309 PROGRAM FOR SUBMISSION OF A PROJECT PROPOSAL IN ACCORDANCE WITH THE
         VETERANS TRANSPORTATION AND COMMUNTY LIVING INITIATIVE GRANT
         WHEREAS, this grant opportunity makes funds available to local governmental agencies to finance
capital costs of implementing, expanding, or increasing access to local One-Call/One-Click Transportation
Resource Centers with the goal of simplifying access to transportation for the public by connecting customers in
one place to rides and transportation options provided in their locality by a variety of transportation providers
and programs, and
100                                  SCHUYLER COUNTY LEGISLATURE
        WHEREAS, said grant funds, in an amount up to $117,000, are available to local governmental
authorities as recipients and may contain proposals for projects to be implemented by sub recipients including
private non-profit organizations at up to 80% of the project cost reimbursed with a 20% local match
requirement, and
        WHEREAS, the Arc of Schuyler, a private non-profit organization, is willing to act as a sub recipient on
this grant and will commit to provide the 20% local match through in-kind services.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all documents relative to the said grant with the Federal Transit Administration for the Veterans
Transportation and Community Living Initiative, subject to the approval of the Schuyler County Attorney.
DISCUSSION: Legislator Halpin asked County Administrator O’Hearn what the specific cap cost are
regarding this grant. Administrator O’Hearn explained that it is a 20 % local match of in kind services. This is
to expand the resources of transportation for Veterans. This is the piece that did not get any funding in the first
go around.
Vote 7-0.
        MOTION by Legislator Gifford to go into executive session to discuss an employee’s work history ,
SECOND by Legislator Barnes. Motion carried seven ayes to zero noes.
        MOTION by legislator Larison to come out of Executive Session, SECOND by Legislator Field.
Motion carried seven ayes to zero noes.
RESOLUTION NO. 254 Motion by Gifford, Second by Field.
RE: AUTHORIZE CONTRACT WITH COMMUNITY DISPUTE RESOLUTION CENTER (CDRC) TO
        PROVIDE PROFESSIONAL DEVELOPMENT COUNSELING SERVICES – BOARD OF
        ELECTIONS
        WHEREAS, professional development counseling services are needed for a Board of Elections matter,
and
        WHEREAS, external resources are required.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Community Dispute Resolution Center (CDRC) at the rate of $150.00 per hour for said
counseling, effective immediately through September 21, 2001, funding available in the 2011 Board of
Elections budget account no. 1450.400-Contractual Expense; subject to approval of the Schuyler County
Attorney.
Vote 7-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
        Legislator Larison stated the Senator Schumer and Gillibrand are supporting legislation for relief from
Hurricane Irene. He also reported that Soil & Water has been called on to help assess the damages. Schoharie
County is in dire need of aide as they had a dam overflow there. He will be attending an upcoming meeting in
Cooperstown to discuss the Total Maximum Daily Load regulations for New York State.
COUNTY ADMINISTRATOR’S REPORT:
        Administrator O’Hearn reported that the County has received the tentative approval from the State
Department of Health for the sale of the Home Health Agency. He also reported that the Governor’s Task
Force, that he has been appointed to, has been holding regular meetings. There is a regional forum next week at
the Corning Community College campus at the academic building. This forum is designed to encourage the
public to attend.
        Chairman Fagan reported that the sales tax numbers for the first reporting period exceeded both periods
from last year, and also for what was budgeted for the month. Not taking the month of August into account, the
numbers are 14.4% over projections. Given the situation with our budget, and the tax cap, it is critical that we
have this revenue to help offset our property taxes. This next budget cycle we are faced with will be very
difficult. We are looking at over $400,000 with pension increases. With the tax cap, there are huge cost factors
that we are going to be dealing with.
PUBLIC PARTICIPATION:
                                       PROCEEDINGS OF THE YEAR 2011                                            101
        Yvonne Taylor, from Burdett, NY, informed the Legislature that there are 125 local businesses on this
coalition that oppose the LPG Storage Facility. She does not feel she needs to remind them that these business
owners are your constituents. She pointed out that the responsibility of the safety of the constituents is of the
Legislature. She also requested that the Legislature request that Inergy have a third party do the risk assessment
study.
        Shirley Barton, from Hector, said she is not sure of how the Legislature works, and how they can take
the livelihood of the citizens in this county. If the Legislature approves of this industry coming to our area,
could the Legislature be held liable for its impacts? Chairman Fagan explained to her that the Legislature has
no approval part in this process. The permitting agency is the New York State Department of Environmental
Conservation (NYSDEC). In the supplemental Impact statement, there is not any local approval required for
the Town of reading. He read the application to understand it and to be able to clarify some of the concerns that
have been expressed tonight. Again, the County has no approval in this project. A couple of the speakers
tonight expressed very passionately their feelings and he wants it known that the LPG Storage Facility project is
not fracking in the Marschellis shale. Personally, he is against this in Schuyler County. Our infrastructure is so
limited that if they had the level of truck traffic as they do in Pennsylvania, it would have an adverse affect on
our level of tourism. There are also technical reasons why he does not think you will ever see drilling in our
area. The depths of the shale in this County are less than it needs to be for the drilling to occur. He explained
the depth requirements as well as statistics he has researched. He also had contacted Penn State for
confirmation.
        The Meeting adjourned at 7:43 P.M.
                 Stacy B. Husted, Clerk
                 Jamee L. Mack, Deputy Clerk

                                            REGULAR MEETING
                                             OCTOBER 11, 2011

         The October 11, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Field and followed by a Moment of
Silence. All Legislators were present except Legislator Yuhasz who was excused and Legislator Larison who
was absent. County Administrator Timothy O’Hearn and Acting County Attorney Dennis Morris were also
present.
PUBLIC PARTICIPATION:
         Mr. Joseph Campbell read from a letter from Senator Michael Mozzolio’s office to Joe Martens,
Commissioner of the New York State Department of Environmental Conservation. Letter on file in the
Legislative Office with Mr. Campbell’s comments. Letters from the Seneca Lake Pure Water Association and a
letter from the Physicians Scientists and Engineers for Healthy Energy, Mr. Campbell submitted for the record,
are also on file in the Legislative Office. Mr. Campbell requested that the Legislature adopt a Resolution asking
that a Qualified Risk Assessment be performed on the Inergy Project. Legislator Barnes said he himself would
like to hear from their own representatives, to hear their point of view. Chairman Fagan asked Mr. Campbell
if he had ever visited any of Inergy’s other facilities. Mr. Campbell said no, he has not. Chairman Fagan asked
Mr. Campbell if he knows of any other location that has done a risk assessments in the past. Mr. Campbell
could not answer that, and has not looked into that. Legislator Gifford pointed out that public participation was
not the place or time to discuss acting on a Resolution.
         Ms. Elaine Mansfield, Town of Hector resident, is very concerned what the Liquid Propane Gas (LPG)
facility will do to our quality of the landscape in our area. She does not want to see our area be converted to an
LPG storage/transportation hub. She is also worried about the increased capacity over time. Chairman Fagan
assured her that any increase in capacity would require increasing the size of the brine pond and this they have
no intentions of doing. Ms. Mansfield asked if our Local County Government would move to protect the local
residents.
         Mr. Mark Rondinaro handed out copies of the Freedom of Information Law (FOIL) information he had
received from the Legislative Office regarding a court proceeding that took place in 1983. He requested that the
 102                                    SCHUYLER COUNTY LEGISLATURE
 Legislature consider redistricting prior to the next election in 2013. He also requested that all of the Standing
 Committee Meeting Minutes be available on our web page. They are available via FOIL, and he feels they
 should be on the web page so FOIL’s would not be needed.
         Mr. Paul Marcellus said he is in attendance tonight to show support for the LPG facility. He has had the
 benefit of having an Advance Team truck driver stay at his motel and has had discussions with him. This
 storage is something that has been around for years. Lots of residents heat their homes as well as cook their
 meals with this. The bulk of the hauling would be done in the winter months and he has been told it would not
 affect our tourism. There has been a great deal of talk of our Industrial Park not being filled. Here is a perfect
 candidate to fill a portion of this park and all we see is reluctance to allow them to come into our area. I want to
 go on record in favor of this project. The technology has been invested in for years in this community. It isn’t
 until the investment in the expansion that it has become an issue.
 RESOLUTION NO 255 Motion by Gifford, Second by Karius.
 RE: APPROVE THE MINUTES OF THE SEPTEMBER 12, 2011 REGULAR MEETING OF THE
         SCHUYLER COUNTY LEGISLATURE
         BE IT RESOLVED, that the minutes of the September 12, 2011 Regular Meeting of the Schuyler
 County Legislature be approved.
 Vote 6-0.
 RESOLUTION NO. 256 Motion by Barnes, Second by Field.
 RE: AUTHORIZE CONTRACT WITH BLUE WING PROFESSIONAL CONSULTING SERVICES FOR
         THE 911 COMMUNICATIONS SYSTEM – EMERGENCY MANAGEMENT
         WHEREAS, Blue Wing has completed an assessment of our Public Safety Communication System
 needs and provide recommendations for enhancements to meet our needs, and
          WHEREAS, the next step for the County is to determine the spectrum plan and attempt to license
 additional spectrum, and final system design, and
         WHEREAS, the Communication System is the lifeline for emergency responders including Law
 Enforcement, Fire Service, Emergency Medical Service and Public Works as well as essential to public safety,
 and
         WHEREAS, Blue Wing Professional Consulting has agreed to amend the current contract to provide
 this service to the County at a cost not to exceed $17,500.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
 amend the contract with Blue Wing Professional Consulting for the Emergency Management Department for
 Public Safety Communications Consulting Services, at a cost not to exceed $17,500 funding available in the E-
 911 reserve fund, subject to approval of the Schuyler County Attorney.
 Vote 6-0.
 RESOLUTION NO. 257 Motion by Barnes. Second by Field.
 RE: AUTHORIZE AMENDING 2011 BUDGET FOR THE ACCEPTANCE OF SUPERVISION AND
         TREATMENT SERVICES FOR JUVENILES PROGRAM - PROBATION
         WHEREAS, the Probation Department will be receiving $9,100 from the Schuyler County Department
 of Social Services for the Supervision and Treatment Services for Juveniles Program from April 1, 2011
 through March 31, 2012, and
         WHEREAS, the Probation Department’s 2011 budget needs to be amended for the acceptance of this
money.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is herby authorized to
amend the 2011 budget as follows:
         ACCOUNT NO.                      AMOUNT                 DESCRIPTION
         3140.1260                       +$9,100                 STSJP Allocation Revenue
         3140.0100                       +$6,060                 Staff/Administration salary
         3140.0409                       +$500                   Training
         3140.0431                       +$1,400                 Drug screens
         3140.0308                       +$1,140                 Incentives Program
 Vote 6-0.
                                      PROCEEDINGS OF THE YEAR 2011                                           103
RESOLUTION NO. 258 Motion by Barnes, Second by Field.
RE: AUTHORIZE CONTRACT WITH LICENSE MONITOR, INC. TO MONITOR DEFENDANTS
        LICENSE ACTIVITY THROUGH THE NEW YORK STATE DEPARTMENT OF MOTOR
        VEHICLES - PROBATION DEPARTMENT
        WHEREAS, the Schuyler County Probation Department has identified the need to monitor license
activity of defendants with DWI convictions through the New York State Department of Motor Vehicles, and
        WHEREAS, Schuyler County Probation has already been using a program which has been provided for
free, called License Monitor through License Monitor Incorporated, and
        WHEREAS, License Monitor, Inc. has informed the Probation Department that they will be charging a
fee of $1 per defendant monitored per month starting October 1, 2011, and
        WHEREAS, the Schuyler County Stop DWI program has provided the Probation Department with grant
money that will cover the cost of this service, and
        WHEREAS, billing for the use of such services will begin on October 1, 2011, and will be ongoing until
terminated by either Schuyler County or License Monitor Inc.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into a contract with License Monitor, Inc., for the use of their program called License Monitor, to monitor
DWI probation supervision cases, at a rate of $1 per defendant, subject to the approval of the Schuyler County
Attorney.
Vote 6-0.
RESOLUTION NO. 259 Motion by Barnes, Second by Field.
RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR ASSIGNED COUNSEL -
        PUBLIC DEFENDER
        WHEREAS, an increased number of criminal and family court matters have been assigned outside the
obligation of the public defender’s office and the conflicts defender’s office, and
        WHEREAS, the Public Defender’s office has depleted all funding for assigned counsel.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
transfer $20,000 from the Contingency account no. 1990.500 into the Public Defenders Assigned Counsel
Accounts as follows:
        ACCOUNT NO.                    AMOUNT                 DESCRIPTION
        1990.500                       -$20,000               Contingency Account
        1170.563                       +$10,000               Assigned Counsel Expenses/Family Court
        1170.605                       +$10,000               Assigned Counsel Expenses /Criminal Court
Vote 6-0.
RESOLUTION NO. 260 Motion by Barnes, Second by Field.
RE: AUTHORIZE AGREEMENT FOR MAINTENANCE WITH COMNETIX, INC. – SHERIFF’S
        OFFICE
        WHEREAS, the Schuyler County Sheriff’s Office must utilize an electronic fingerprinting system for
processing arrests and booking of inmates, and
        WHEREAS, Comnetix, Inc. is the vendor under New York State Contract to provide equipment and
maintenance of equipment to law enforcement agencies in New York State at a cost of $3,600.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of Schuyler County is hereby authorized
to sign a maintenance agreement with Comnetix, Inc. in the amount of $3,600.00; the amount of $2,042.00 from
account no. 3110.0400 - Contractual and the amount $1,558.00 from account no. 3150.0400 – Contractual, for a
term of June 1, 2011 through May 31, 2012, subject to the approval of the Schuyler County Attorney.
Vote 6-0.
RESOLUTION NO. 261 Motion by Barnes, Second by Field.
RE: RESOLUTION IN SUPPORT OF HAVING THE TOTAL MAXIMUM DAILY LOAD (TMDL)
        REGULATIONS LIFTED FOR NEW YORK STATE
        WHEREAS, the Schuyler County Soil & Water Conservation District strongly supports the Federal
Clean Water Act and the Total Maximum Daily Load approach for cleaning polluted waterbodies, and
104                                   SCHUYLER COUNTY LEGISLATURE
         WHEREAS, the Legislature agrees with the United States Environmental Protection Agency
 Chesapeake Bay Program that New York's waters are clean and are currently below the Chesapeake Bay
 Program Total Maximum Daily Load threshold needed for all jurisdictions (reference) and meets the clean
 water standards set for New York Sate and the Chesapeake Bay (reference), and
         WHEREAS, New York has voluntarily achieved a 58% reduction in Nitrogen, a 24% reduction in
 Phosphorus and a 50% reduction in sediment needed to meet the 2017 requirements based on the CB 2010
 interim progress model run, and
         WHEREAS, Conservation Districts in New York have helped to achieve these reduction through a
 voluntary program.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature will work with our
 State legislature and the New York Department of Environmental Conservation to ensure that the districts role
 remain based on a programmatic approach that is non-regulatory, voluntary and incentive based, and
         BE IT FURTHER RESOLVED, that the New York Association of Conservation Districts will work in
 good faith to meet the 2017 and 2025 "Planning Targets” suggested for New York by the Chesapeake Bay
 Program (reference), and
         BE IT FURTHER RESOLVED, that the Schuyler County Legislature, along with the Schuyler County
 Soil & Water Conservation District, while honoring the commitments described above, will continue to seek a
 means to have the Total Maximum Daily Load regulations lifted for New York State, and
         BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to
 Congressman Thomas Reed, New York State Senator Thomas F. O’Mara, New York State Assemblyman
 Christopher S. Friend, to the Inter-County Association of Western New York, and all others deemed necessary
 and proper.
 Vote 6-0.
 RESOLUTION NO. 262 Motion by Halpin, Second by Gifford.
 RE: AUTHORIZE AMENDING 2011 BUDGET FOR THE ACCEPTANCE OF SUPERVISION AND
         TREATMENT SERVICES FOR JUVENILES PROGRAM – YOUTH BUREAU
         WHEREAS, the Youth Bureau will be receiving $7,700 from the Schuyler County Department of Social
 Services for the Supervision and Treatment Services for Juveniles Program from April 1, 2011 through March
 31, 2012, and
         WHEREAS, the Youth Bureau 2011 budget needs to be amended for the acceptance of this money.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is herby authorized to
amend the 2011 budget as follows:
         ACCOUNT NO.                   AMOUNT                DESCRIPTION
         7310.2389                     +$7,700               Other Home & Community Revenue
         7310.308                      +$7,700               Families First Expenses
 Vote 6-0.
 RESOLUTION NO. 263 Motion by Halpin, Second by Gifford.
 RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING FOR
         THE NEW YORK CONNECTS PROGRAM YEAR SIX – OFFICE FOR THE AGING
         WHEREAS, Schuyler County has a NY Connects program as a component of Families First, and
         WHEREAS, NY Connects is a program for individuals with long term care or chronic healthcare issues
 from birth to death which provides information, assistance and referrals, and
         WHEREAS, Families First/NY Connects is a collaborative effort between the Youth Bureau, Office for
 the Aging and the Department of Social Services, and
         WHEREAS, the State of New York acting through the New York State Office for the Aging
 implements the program with the Schuyler County Office for the Aging as the liaison and now as the conduit
 for the funding.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
 sign any and all agreements with the New York State Office for the Aging for the continuation of the NY
 Connects program from October 1, 2011 through September 30, 2012, for the allocated amount of $42,591, said
 agreement subject to approval of the Schuyler County Attorney.
                                    PROCEEDINGS OF THE YEAR 2011                                           105
Vote 6-0.
RESOLUTION NO. 264 Motion by Halpin, Second by Gifford.
RE: AUTHORIZE AGREEMENT BETWEEN THE OFFICE FOR THE AGING AND FAMILIES FIRST
        FOR THE NEW YORK CONNECTS PROGRAM YEAR SIX – OFFICE FOR THE AGING
        WHEREAS, Schuyler County has a NY Connects program that will be funded through Office for the
Aging for year six (6), and
        WHEREAS, the NY Connects program has been operating as a component of Families First, and
        WHEREAS, the Schuyler County Office for the Aging and Families First will each have operational
responsibilities, and
        WHEREAS, Office for the Aging can contract out a portion of the funding for operational expenses to
Families First.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign any and all agreements between the Schuyler County Office for the Aging and Families First for the
continuation of the NY Connects program from October 1, 2011 through September 30, 2012, for the allocated
amount of $23,600, said agreement subject to approval of the Schuyler County Attorney.
Vote 6-0.
RESOLUTION NO. 265 Motion by Halpin, Second by Karius.
RE: AUTHORIZE APPROVAL OF THE 2012-2016 FOUR YEAR IMPLEMENTATION PLAN- OFFICE
        FOR THE AGING
        WHEREAS, the Schuyler County Legislature has established an Office for the Aging in Schuyler
County, and
        WHEREAS, the Office for the Aging is required to submit an Annual Implementation Plan with a four
year plan every four years, which includes plans for programs operated by the Office for the Aging, as follows:
                      Title IIIB of the Older American’s Act
                      Titles IIIC1 and IIIC2 of the Older American’s Act
                      Title IIID of the Older American’s Act
                      Title IIIE of the Older American’s Act
                      Expanded In-Home Services for the Elderly Program (EISEP)
                      Community Services for the Elderly Program (CSE)
                      Congregate Services Initiative Program (CSI)
                      Supplemental Nutrition Assistance Program (SNAP)
                      Health Insurance Information, Counseling and Assistance Program (HIICAP)
                      Transportation
                      New York Connects, and
        WHEREAS, the Plan requires approval by the Schuyler County Legislature before submitting the Plan
no later than December 1, 2012, and
        WHEREAS, the Public Hearing on the Annual Implementation Plan will be held, as required, on
October 4, 2011 at 3:00 PM in the Silver Spoon Café at the Human Services Complex, and
        WHEREAS, no Federal and/or New York State funding will be available until the Plan has been
approved by the Schuyler County Legislature and submitted to the NYS Office for the Aging and approved.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be
hereby authorized to sign the Plan/Funding Application necessary to carry out the services provided by the
Schuyler County Office for the Aging for the term of January 1, 2012 through December 31, 2016, said
Plan/Funding Application subject to the approval of the Schuyler County Attorney.
Vote 6-0.
RESOLUTION NO. 266 Motion by Halpin, Second by Karius.
RE: ACCEPT AND ESTABLISH THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT –
        PUBLIC HEALTH – AS AMENDED
        WHEREAS, the Schuyler County’s annual Children with Special Health Care Needs (CSHCN) Grant will
be in the amount of $48,843, with each year having an amount of $16,1161, and
        WHEREAS, said grant is for the period October 1, 2011 through September 30, 2014.
106                                   SCHUYLER COUNTY LEGISLATURE
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
establish the 2012 CSHCN Grant Budget, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and
all documents relative to the grant, subject to the approval of the Schuyler County Attorney.
Vote 6-0.
RESOLUTION NO. 267 Motion by Halpin, Second by Karius.
RE: ACCEPT AND ESTABLISH THE PUBLIC HEALTH EMERGENCY PREPAREDNESS GRANT –
        PUBLIC HEALTH
        WHEREAS, the Schuyler County’s annual Public Health Emergency Preparedness (PHEP) Grant will be
in the amount of $50,000, and
        WHEREAS, said grant is for the period August 10, 2011 through August 9, 2012.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
establish the 2012 (PHEP) Grant Budget, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and
all documents relative to the grant, subject to the approval of the Schuyler County Attorney.
Vote 6-0.
RESOLUTION NO. 268 Motion by Halpin, Second by Field.
RE: AUTHORIZE CONTRACT WITH ELLEN LANGENDORFER, SPEECH THERAPIST FOR
        PRESCHOOL SERVICES – PUBLIC HEALTH
        WHEREAS, the Public Health Department is required to provide Preschool services for children, and
        WHEREAS, Ellen Langendorfer, ST is willing to be a provider for Preschool services.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into a Contract with, Ellen Langendorfer, ST for Preschool services, effective Oct 1, 2011 through June 30,
2012, at the rate of $65.00 per half hour session, to be renewed annually, funds available in the Public health
budget, account no. 2960.0400, subject to the approval of the Schuyler County Attorney.
Vote 6-0.
RESOLUTION NO. 269 Motion by Halpin, Second by Field.
RE: AUTHORIZE CONTRACT WITH LINN AFTUCK, OCCUPATIONAL THERAPIST FOR EARLY
        INTERVENTION PROGRAM SERVICES – PUBLIC HEALTH
        WHEREAS, the Public Health Department is required to provide Early Intervention services for children,
and
        WHEREAS, Linn Aftuck, OT is willing to be a provider for Early Intervention services.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into a Contract with, Linn Aftuck, OT for Early Intervention services, effective Oct 1, 2011 – December 31,
2012, at the rate set by the State of New York per session, to be renewed annually, funds available in the Public
Health budget, account no. 4054.0490, subject to the approval of the Schuyler County Attorney.
Vote 6-0.
RESOLUTION NO. 270 Motion by Halpin, Second by Field.
RE: AUTHORIZE AMENDING THE 2011 CONTRACT WITH THE COUNCIL ON ALCOHOLISM
        AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES – COMMUNITY
        SERVICES
        WHEREAS, the Community Services Department has a contract with the Council on Alcoholism and
Other Chemical Dependencies of the Finger Lakes (Council on Alcoholism) for 2011 in the amount of
$199,306, 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 $4,375.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
execute a contract amendment with the Council on Alcoholism for alcoholism and substance abuse prevention
services in the amount not to exceed $203,681 for the term January 1, 2011 through December 31, 2011,
funding available in the 2011 budget with no local cost, subject to the approval of the County Attorney.
Vote 6-0.
                                       PROCEEDINGS OF THE YEAR 2011                                          107
RESOLUTION NO. 271 Motion by Karius, Second by Halpin.
RE: AUTHORIZE CONTRACT AMENDMENT WITH DARCE L. BRAIMAN - COMMUNITY
        SERVICES
        WHEREAS, Schuyler County Community Services currently has a contract with Darce L. Braiman, for
2011 for an amount not to exceed $30,000 for the provision of Nurse Practitioner services on a part-time basis,
and
        WHEREAS, Ms. Braiman is willing and able to provide additional services to fill the need created by the
resignation of the department’s full-time psychiatrist.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an amendment to the 2011 contract with Darce L. Braiman increasing the amount of the contract by
$5,000 to an amount not to exceed $35,000, funds available in the 2011 budget, subject to the approval of the
Schuyler County Attorney.
Vote 6-0.
RESOLUTION NO. 272 Motion by Karius, Second by Halpin.
RE: AUTHORIZE CONTRACT AMENDMENT WITH S. M. ANWAR AHMED, M.D. - COMMUNITY
        SERVICES
        WHEREAS, Schuyler County Community Services currently has a contract with S. M. Anwar Ahmed,
M.D., for 2011 for an amount not to exceed $60,000 for the provision of psychiatric services on a part-time basis,
and
        WHEREAS, Dr. Ahmed is willing and able to provide additional services to fill the need created by the
resignation of the department’s full-time psychiatrist.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an amendment to the 2011 contract with S.M. Anwar Ahmed, M.D. increasing the amount of the contract
by $10,000 to an amount not to exceed $70,000, funds available in the 2011 budget, subject to the approval of the
Schuyler County Attorney.
Vote 6-0.
RESOLUTION NO. 273 Motion by Karius, Second by Halpin.
RE: AUTHORIZE TRANSFER OF FUNDS FOR SAFETY NET – SOCIAL SERVICES
        WHEREAS, Safety Net expenditures, particularly for homeless people, has increased substantially in
2011, as well as protective day care, and
        WHEREAS, 2011 Federal Medical Assistance revenue exceeded the budgeted amount.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make
the following transfers in the 2011 budget as follows:
        AMOUNT              ACCOUNT NO.                            DESCRIPTION
        + $ 5,800           6070.572                               POS – Day Care – Protective Exp.
        - $136,800          6100.400                               Medicaid Expenses
       - $ 60,000           6123.400                               Juvenile Delinquency Exp.
        +$191,000           6140.400                               Safety Net Assistance Exp.
        - $ 24,000          6123.3623                              State Aid – Juvenile Delinquency Revenue
        +$ 24,000           6109.4609                              Federal Aid – Family Assistance Revenue
Vote 6-0.
RESOLUTION NO. 274 Motion by Halpin, Second by Field.
RE: AUTHORIZE CONTRACTS WITH SCHUYLER COUNTY PROBATION DEPARTMENT AND
        SCHUYLER COUNTY YOUTH BUREAU FOR USE OF SUPERVISION AND TREATMENT
        SERVICES FOR JUVENILES PROGRAM (STSJP) GRANT FUNDS – SOCIAL SERVICES
        WHEREAS, the Department of Social Services, as lead agency, has been awarded a Supervision and
Treatment Services for Juveniles Program (STSJP) allocation in the amount of $46,080 from New York State
for the purpose of keeping youth out of care, and
        WHEREAS, the allocation is to be used to provide services to alleged and adjudicated Persons in Need
of Supervision (PINS) as well as adjudicated and diverted juvenile delinquents, and
108                                 SCHUYLER COUNTY LEGISLATURE
        WHEREAS, services provided include Enhanced Youth Supervision Practices, Electronic Home
Monitoring, Respite, Drug/Alcohol Screening, Incentives and Training and other services, and
        WHEREAS, the Department of Social Services would like to contract with the Schuyler County
Probation Department in the amount of $9,100 to provide juvenile delinquent diversion services, Enhanced
Youth Supervision, Electronic Home Monitoring and Drug and Alcohol Screens, and
        WHEREAS, the Department of Social Services would like to contract with the Youth Bureau in the
amount of $7,700 to provide Incentives and Training for youth as well as coordinating respite stays, and
        WHEREAS, the Department of Social Services will retain $29,280 to pay for the Respite services
coordinated by the Youth Bureau, payment for the Electronic Home Monitoring coordinated by the Probation
Department, and certain administrative costs.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
execute a contract with the Schuyler County Probation Department in the amount of $9,100 and a contract with
the Schuyler County Youth Bureau in the amount of $7,700 for the Department of Social Services for both
agencies to provide services to youth with the purpose to keep them out of care for the term April 1, 2011
through March 31, 2012, funds available in the Department’s 2011 budget (lines 6010.552 and 6070.396),
subject to approval of the Schuyler County Attorney, and
        BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the
2011 DSS budget as follows:
        AMOUNT                ACCOUNT NO.                 DESCRIPTION
       +$ 8,400               6010.552                    FFFS/Detention Prevention Expenses
       +$ 10,000              6070.396                    Preventive Services Expenses
       +$ 8,400               6010.4610                   Federal Aid – Administration Revenue
       +$ 10,000              6070.4670                   Federal Aid – Purchase of Services Revenue
Vote 6-0.
RESOLTUION NO. 275 Motion by Halpin, Second by Field.
RE: AUTHORIZE AMENDING THE 2011 MEDICAID BUDGET – SOCIAL SERVICES
        WHEREAS, actual 2011 Federal Medical Assistance revenue exceeded the budgeted amount.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend
the 2011 budget as follows:
        AMOUNT                ACCOUNT NO.                 DESCRIPTION
       +$136,800              6100.4489                   Medicaid Stimulus Revenue
       +$136,800              6100.400                    Medicaid Expenses
Vote 6-0.
RESOLUTION NO. 276 Motion by Halpin, Second by Field.
RE: AUTHORIZE TRANSFER OF FUNDS FROM BUILDINGS ACCOUNT TO GROUNDS ACCOUNT
        FOR VEHICLE FUEL – BUILDINGS AND GROUNDS
        WHEREAS, the Grounds Car Operation & Expense Fuel account has exceeded the $6,000 amount in
the 2011 budget, and
        WHEREAS, there are four additional months remaining in 2011.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
transfer $4,000 from account no. 1620.435 - Professional Fees and Services into account no. 1622.444 - Car
Operation & Expense Fuel.
Vote 6-0.
RESOLUTION NO. 277 Motion by Barnes, Second by Halpin.
RE: AUTHORIZE AN AGREEMENT WITH THE BC CATE ELEMENTARY SCHOOL FOR
        EMERGENCY EVACUATION – BUILDINGS AND GROUNDS
        WHEREAS, BC Cate Elementary School is in need of securing an emergency evacuation location for
students, and
        WHEREAS, the school is located in close proximity to the Schuyler County Human Services Complex.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an on-going agreement with Odessa-Montour Central School District for use of the Human Services
                                     PROCEEDINGS OF THE YEAR 2011                                       109
Complex as a evacuation site for the BC Cate Elementary School, subject to approval of the Schuyler County
Attorney.
Vote 6-0.
RESOLUTION NO. 278 Motion by Barnes, Second by Halpin.
RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS
        – PURCHASING
        WHEREAS, various departments have items to be declared surplus or junk.
        NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County
Legislature hereby declares the following assets surplus or junk, and
        BE IT FURTHER RESOLVED that the following items are to be bid out, placed in storage for an
auction or disposed of.
JUNK
Asset #        Description                    Serial #                     Department
N/A            ’06-’07 Tax Maps               N/A                          Real Property
N/A            ’08-’09 Tax Maps               N/A                          Real Property
5763           Poweredge 2800                 4J1GC61                      Health
4763           Poweredge 2400                 7DXK501                      Health
5866           Dell Optiplex GX520            11HVY71                      IT
6092           HP Fax Machine 1240            CN61MGH23T                   County Admin
SURPLUS
Asset #        Description                                                 Department
4896           2001 Ford Taurus Wagon 1FAFP58U31G200167                    Public Health
4443           2000 Ford Ranger Truck       1FTZR15X9YTA71443              Watershed
3652           Walk-in Cooler/Freezer         N/A                          OFA
N/A            Refrigerator (2002)            N/A                          OFA
Vote 6-0.
RESOLUTION NO. 279 Motion by Barnes, Second by Halpin.
RE: RESOLUTION REQUESTING COMPTROLLER THOMAS DINAPOLI TO REFORM THE
        FUNDING POLICY FOR THE NEW YORK STATE COMMON RETIREMENT FUND
        WHEREAS, the New York State and the Local Retirement System (NYSLRS) for public employees is
assessing huge annual increases to municipal governments in the state, and
        WHEREAS, the New York State and the Local Retirement System has a very conservative funding
policy that requires 100 percent of the system’s liabilities to be covered by reserves, when many state
governments utilize funding policies of less than 100 percent, and
        WHERES, the U.S. Government Accountability Office has reported that a pension system funding ratio
policy of 80 percent is sound and adequate, and
        WHEREAS, given the ongoing huge pension system cost increases levied upon municipalities by the
State of New York, adopting a lower funding threshold will save huge sums for governments and taxpayers
throughout the state.
        NOW, THEREFORE, BE IT RESOLVED, that upon the recommendation of the Management &
Finance Committee, the Schuyler County Legislature hereby requests that Comptroller Thomas DiNapoli
reform the funding policy for the New York State Common Retirement Fund, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to Governor
Andrew Cuomo, Comptroller Thomas DiNapoli, Senator Thomas F. O’Mara, Assemblyman Christopher S.
Friend, All Counties, All Schuyler County municipalities and to each and every other person, institution or
agency who may further the purport of this Resolution.
Vote 6-0.
RESOLUTION NO. 280 Motion by Gifford, Second by Field.
RE: RESOLUTION URGING MULTI-YEAR STATE TAKEOVER OF LOCAL SHARE OF MEDICAID
        WHEREAS, county officials across the state are presently introducing their 2012 budgets, and
        WHEREAS, these budget decisions are being made under the constraints of the State’s new property tax
110                                  SCHUYLER COUNTY LEGISLATURE
cap, and
        WHEREAS, when State lawmakers enacted a property tax cap, they pledged to provide mandate relief
that would enable and empower local leaders to implement that tax cap locally, and
        WHEREAS that mandate relief has not materialized, and
        WHEREAS, By far, at a local statewide cost of $7.3 billion, Medicaid is the number one mandate facing
counties, and
        WHEREAS, State Legislation (S.5889-B) will require state policymakers to take full fiscal
responsibility for New York’s largest in the nation Medicaid program, by implementing an eight (8) year
gradual State takeover of county Medicaid costs, and
        WHEREAS, removing county taxpayers from the financing of Medicaid is the single most important
thing the State Legislature can do to lower property taxes for New Yorkers, and
        WHEREAS, the State takeover of county Medicaid costs will lead to lower property taxes and enhance
New York’s economic competitiveness and improve economic opportunities for all New Yorkers, and
        WHEREAS, state lawmakers can fund the takeover with a combination of Medicaid program reforms,
state-derived savings and other spending controls, including, applying MRT (Medicaid Redesign Team) reform
savings to mandate relief and pursuing a federal Medicaid waiver to leverage state cost containment initiatives
that can be applied to property tax relief and applying future revenues to lowering property taxes and by
allowing federal health care reforms to cover New Yorkers, and
        NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature calls on State
lawmakers to keep their promise, and sign on to legislation (S5889-B) designed to provide mandate relief for
counties, in the form of an eight-year State takeover of county Medicaid costs, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York
State Senator Thomas F. O’Mara, New York State Assemblyman Christopher S. Friend and to the Majority and
Minority Leaders of the New York State Senate and Assembly.
Vote 6-0.
RESOLUTION NO. 281 Motion by Gifford, Second by Field.
RE: AUTHORIZE INCREASING THE HOURS OF THE COUNTY ATTORNEY POSITION FROM
        PART-TIME TO FULL-TIME
        WHEREAS, there is currently one vacant part-time County Attorney position, and
        WHEREAS, the staffing needs of the Office have been re-evaluated and it is determined that the needs
can only be met by increasing the hours of the vacant part-time County Attorney position currently in place to
maintain the workload, and
        WHEREAS, it is the recommendation of the Management & Finance Committee that the vacant part-
time County Attorney position be increased to full-time, 35 hours a week.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
increase in hours for the vacant County Attorney position from part-time to full-time, 35 hours per week, and
        BE IT FURTHER RESOLVED, that said position be advertised immediately with a starting salary range
of $80,000 - $110,000.
Vote 6-0.
RESOLUTION NO. 282 Motion by Gifford, Second by Field.
RE: SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE”
        WHEREAS, final Judgment of Foreclosure in the pending tax foreclosure proceeding has been received
by the County Attorney’s Office pursuant to Article 11 of the Real Property Tax Law, and
        WHEREAS, it is necessary to set a tax auction sale date in advance thereof, and
        WHEREAS, the Schuyler County Treasurer is the enforcing officer responsible for carrying out a
foreclosure sale.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer has set Saturday,
November 19, 2011 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
                                         PROCEEDINGS OF THE YEAR 2011                                            111
         BE IT FURTHER RESOLVED, that said Notice to Vacate be sent by registered mail to the most recent
owners of record as shown in the property description.
Vote 6-0.
RESOLUTION NO. 283 Motion by Karius, Second by Halpin.
RE: ACKNOWLEDGE OCTOBER AS NATIONAL BREAST CANCER AWARENESS MONTH
         WHEREAS, National Breast Cancer Awareness Month is dedicated to increasing awareness of breast
cancer issues, especially the importance of early detection of breast cancer, and
         WHEREAS, in 2010, approximately 13 women in Schuyler County were diagnosed with breast cancer,
and 23% of those women lost their battle to the disease. and
         WHEREAS, when breast cancer is detected in its earlier stages, the five year survival rate is 98% and
that number plummets to just 23% when the disease is found at later stages, and
         WHEREAS, this information has been provided by the Twin Tiers Region Affiliate of Susan G. Komen
For the Cure.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature in conjunction with the
Twin Tiers Region Affiliate of Susan G. Komen For the Cure acknowledge October as National Breast Cancer
Awareness Month and encourages early breast cancer detection through mammograms, and
         BE IT FURTHER RESOLVED, that a certified copy of the Resolution be sent to the Twin Tiers Region
Affiliate of Susan G. Komen For the Cure.
Vote 6-0.
RESOLUTION NO. 284 Motion by Karius, Second by Halpin.
RE: SET REIMBURSEMENT RATES FOR COUNTY INSPECTORS RECEIVING VOTING
         MACHINES – BOARD OF ELECTIONS
         WHEREAS, the State of New York Election Law 3-226 states that “all voting machines and appliances
relating to, or used in the conduct of an election, shall be in the care, custody and control of the Board of
Election, and
         WHEREAS, Schuyler County Board of Elections has adopted a security policy that requires election
inspectors working in each election district to receive the machine at the polling site, verify the security seal
numbers and receive custody of the machine from machine delivery personnel, and
         WHEREAS, the Board of Elections has determined that each inspector receiving the machines shall be
paid $25 per machine.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
Election Inspectors receiving voting machines at the polling sites working for the County to be paid the rate of
$25 for each location served.
Vote 6-0.
NEW BUSINESS:
         The Clerk reminded the Legislators that there is a Management and Finance Budget Workshop
scheduled for tomorrow, Wednesday, October 12, 2011 at 9:00 a.m.
UNFINISHED BUSINESS:
         Legislator Barnes asked if everyone saw the letter from Senator O’Mara regarding the Medicaid reform.
Chairman Fagan said he didn’t acknowledge our letter to him, but, now he is a co-sponsor of the Medicaid
reform bill. He asked if any of them saw the Governors response to Medicaid reform. He feels the use of
subsidize the County is an unfortunate term, and it really upsets him. The State controls all the purse strings
and controls all of the rules. Legislator Barnes feels the Counties should approve the need for reform, and let
the voters make the decision at the ballot box. Chairman Fagan said the general public needs to understand
what our State leaders have done. If they would do their jobs, maybe we would not be where we are today.
REPORT ON STANDING COMMITTEES: Nothing to report.
COUNTY ADMINISTRATOR’S REPORT: Nothing to report.
         Chairman Fagan requested that the proposed budget be made available on our web page. Legislator
Gifford said it is a working document. Chairman Fagan said the Legislature was told once before in committee
that it is subject to the FOIL. If it is subject to FOIL, then he feels it should be made available to the public on
the web page. He sees no reason not to make this available. However, he does point out that the draft budget
112                                   SCHUYLER COUNTY LEGISLATURE
prepared has not had any Legislative input. Do not be alarmed with what you see there. We will do our jobs
and review it.
PUBLIC PARTICIPATION:
        Mr. Mark Rondinaro said he supports placing the budget on the web site along with all of the committee
minutes. That is where most of the discussion occurs. If there are feelings of confusion on the budget then put
a note to explain the status of the draft budget.
        The Meeting adjourned at 7:00 p.m.
                Stacy B. Husted, Clerk
                Jamee L. Mack, Deputy Clerk

                                             SPECIAL MEETING
                                              OCTOBER 26, 2011

        The October 26, 2011 Special Meeting of the Schuyler County Legislature was called to order at 10:01
a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of
Silence. All Legislators were present. County Administrator Timothy O’Hearn was also present. Acting
County Attorney Dennis Morris, was excused.
PUBLIC PARTICIPATION:
        Mr. Mark Rondinaro said he again is requesting a list of the contractual items in the proposed 2012
budget and also wants to know how many youths are utilizing the Youth Programs. He wants to know if the
youths from outlying areas are utilizing them or just from the central areas. Legislator Yuhasz feels that if they
save one youth from going in the wrong direction they cannot complain. Mr. Rondinaro feels there are a
number of youth that do not utilize this service. He’d like to know how many does it impact in our County, and
could the money be better spent maybe. Legislator Gifford suggested he contact the Youth Bureau Director,
JoAnn Fratarcangelo. There are a number of youth programs such as youth court, the summer youth program,
etc. Legislator Halpin said she could get that information for Mr. Rondinaro, as she sits on the Youth Board.
Legislator Yuhasz said he objects to the statement that the money could be better spent elsewhere. Mr.
Rondinaro said he is just asking for an analysis. Chairman Fagan asked Mr. Rondinaro if he was present for the
budget meeting with the youth court judge and the discussion had at the meeting relative to the savings through
the youth court. Mr. Rondinaro said he was not present. Legislator Halpin explained that the numbers JoAnn
gave them were acquired from various studies and based on what this County does for savings. Chairman
Fagan requested that Mr. Rondinaro be provided the handouts from that meeting. The Clerk to the Legislature
said she would be happy to make those copies for him while he was here. She also explained that they have
hundreds of contracts and that not all of our contracts are associated with a line item in the budget. Legislator
Halpin asked if he was asking about outside agencies or departmental contracts. Administrator O’Hearn
recommended that he fill out a Freedom of Information Law (FOIL) request. He explained that the committee
process is in place to review the contracts. The County can certainly place the information out there, but the
mandated and revenue streams are not listed for offsetting the expenses. Chairman Fagan said he looks at the
budget and if he sees a contract work increase or change in that account he asks why. Or, if the amount does
not seem to correlate with the amount spent so far this year, he asks if it can be reduced. He assured Mr.
Rondinaro that they are looked at. Mr. Rondinaro said he understands that mandated services are different, as
there is no control. They are a service we absolutely need to provide. Chairman Fagan said the majority of the
contracts are needed to provide a service. We have major problems with staffing nurses or doctors to provide
services and in the case of the Home Health Agency, the County had to sell the service to a provider as they
could not continue to provide that service to the justice of the residents. Sometimes there are three or four
contracts for the same services to keep the program running.
RESOLUTION NO. 285 Motion by Larison, Second by Gifford.
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:
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    1. SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2012
Vote 8-0.
RESOLUTION NO. 286 Motion by Field, Second by Barnes.
RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2012
        WHEREAS, a public hearing in respect to the 2012 County Budget is required pursuant to County Law
Section 359, and
        WHEREAS, the Management & Finance Committee turned over the Preliminary budget to the
Legislature today making it now a Tentative budget, and the Legislature is now ready for the public hearing.
        NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2012 County Budget
will be held in Room 120 at the Human Service Complex, 323 Owego Street, Montour Falls, NY on November
14, 2011 at 6:30 p.m., to be followed by the Regular Meeting of the Legislature, and possible action to adopt the
2012 Budget, and
        BE IT FURTHER RESOLVED, pursuant to County Law Section 152 that this resolution shall not be
effective unless approved by the affirmative vote of at least three-fourths of the total membership of the County
Legislature, and
        BE IT FURTHER RESOLVED, upon approval of this resolution, the Clerk of the Legislature shall give
appropriate public notice of said hearing, provide at least one hundred copies of the tentative budget, and
otherwise comply with the requirements of County Law Section 359.
Vote 8-0.
NEW BUSINESS: None,
UNFINISHED BUSINESS: None.
COUNTY ADMINISTRATOR’S REPORT: None.
PUBLIC PARTICIPATION:
        Legislator Barnes asked if the County Administrator would ask the County Attorney’s Office to look
into the opinion that the Treasurer asked of the State Comptroller regarding the school tax issue from earlier this
year please. Administrator O’Hearn said he will do so.
        The Meeting adjourned at 10:27 a.m.
                Stacy B. Husted, Clerk

                                            REGULAR MEETING
                                            NOVEMBER 14, 2011

        The November 14, 2011 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Barnes and followed by a Moment of
Silence. All Legislators were present. County Administrator Timothy O’Hearn and Acting County Attorney
Dennis Morris where also present.
6:30 P.M.: PUBLIC HEARING ON THE 2012 TENTATIVE BUDGET:
        There were approximately 35 to 40 people in attendance. Administrator O’Hearn gave a 2012 Tentative
Budget presentation, on file in the Legislative Office. He then opened the floor to public comments at 7:08 p.m.
        Mr. Gary Whyman, Town of Orange, addressed Administrator O’Hearn regarding the figures he quoted
during the budget presentation and the Phish concert. He asked if another Phish concert was planned for 2012.
Administrator O’Hearn could not comment on that.
        Mr. Robert Ford, Town of Reading, said he needs to understand the budget process. He said it seems
every year there is a question of taxes. For personal reasons he is interested in how the Administrator comes up
with this budget. Administrator O’Hearn explained that this is a time for the public to comment and he usually
does not answer questions. He asked Chairman Fagan if he wanted him to comment. Chairman Fagan
requested that Administrator O’Hearn please answer any questions he can. Administrator O’Hearn then
explained the process of budget planning to Mr. Ford. Mr. Ford said his experience in the past is that all
budgets are padded by at least 10%, and asked if this was the case with county departments. Administrator
O’Hearn said that is the way it used to be, but this budget is not inflated at all. Mr. Ford asked if the County
had considered consolidating. Administrator O’Hearn said yes, as a matter of fact. He then listed various
114                                   SCHUYLER COUNTY LEGISLATURE
means of sharing services and consolidations that the County already has progressed to. Mr. Ford then
commended Administrator O’Hearn for the Health Care consolidation with Chemung County. He asked if
Multi-County functions had been considered to drive costs down, and how about out sourced or department
consolidations. Administrator O’Hearn explained the Heath Care options and not much more interest from other
County’s at this point and the fact that the County is always looking to consolidate where we can. He explained
that with the Human Resources Director being out since June, he has taken on that roll in her absence. He then
reminded Mr. Ford of the Consolidation of our Weights & Measures Director position with Chemung County as
presented in the presentation.
        Chairman Fagan explained the fund balance to the public and how it is used to offset the taxes. He also
explained the increased revenue due to the sales tax and how that impacts the budget. In order to not raise taxes
and continue to provide services they would have to make cuts someplace.
        Ms. Jessi Woodward, Town of Montour, thanked the Legislature for considering to restore the Youth
Program Director position.
        Mr. Mark Rondinario, Town of Reading, said he was here to ask that the Legislature reconsider the
budget, as he feels the sales tax projection is to optimistic, and if it does not come through, it will affect the fund
balance. He attended the last Legislative Resolution Review Committee meeting and Legislator Halpin
requested that specific cuts be made. The Public has only this Legislature as their advocates. He asked that
they re-analyze this budget and bring in a budget that will not decrease the fund balance.
       Mr. Alan Hurley, Town of Tyrone, said he has concerns regarding the Business Park still being empty.
He feels they need to focus on economic development on the hill. He is concerned about the revenues and feels
they need to take another look at this budget.
Public Hearing closed at 7:17 p.m.
PUBLIC PARTICIPATION:
       Mr. Alan Hurley said he contacted the Treasurer’s office today to obtain a copy of the 2012 tentative
budget and to his surprise she did not have one. As she is the person responsible for the finances, why would
she not have one? The Clerk of the Legislature explained that is her responsibility to have the copies and they
have been available in her office since October 31, 2011, a week after it became tentative and that it is also
available on the web site.
       Mr. Paul Marcellus said he must bring to the County Administrators attention that during his presentation
he omitted the fact that the Humane Society had also purchased the Kurts Enterprises building and will be
relocating the animals there soon. He provided a status of this for the public. He also wanted to mention that
while he was on this Legislative board and attended these same meetings, he was always allowed to provide
feedback as often as needed during budget workshops.
RESOLUTION NO. 287 Motion by Karius, Second by Larison.
RE: APPROVE THE MINUTES OF THE OCTOBER 11, 2011 REGULAR MEETING AND THE
        OCTOBER 26, 2011 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
        BE IT RESOLVED, that the minutes of the October 11, 2011 Regular Meeting and the October 26, 2011
Special Meeting of the Schuyler County Legislature be approved.
RESOLUTION NO. 288 Motion by Larison, Second by Yuhasz.
RE: RESOLUTION CALLING FOR THE ALLOCATION OF REVENUES FROM THE NEW YORK
        STATE PUBLIC SAFETY SURCHARGE TO COUNTIES TO SUPPORT 9-1-1 AND PUBLIC
        SAFETY COMMUNICATIONS – EMERGENCY MANAGEMENT
        WHEREAS, the State of New York imposes a $1.20 surcharge on all wireless telephones, which in 2010
raised over $200 million, and for which these funds were intended to be spent on 9-1-1 operations to help first
responders to communicate and respond to emergencies, and
        WHEREAS, the $1.20 surcharge should be imposed on any communications device capable of
connecting to 9-1-1, and
        WHEREAS, the State of New York has historically allocated only 6 percent of these funds to counties
who are responsible for the operations of 9-1-1 centers, and
        WHEREAS, the 2010-2011 New York State Budget designated an additional $20 million in grants from
the cellular surcharge to fund county regional communication projects, and $45 million in the 2011-12 Budget,
                                      PROCEEDINGS OF THE YEAR 2011                                           115
however this amount is still a meager percentage of the total amount collected in this fund, and
        WHEREAS, counties are in dire need of this funding, and urge the Office of Interoperable and
Emergency Communications to award these funds as soon as possible, and
        WHEREAS, counties and other municipalities are the actual providers of 9-1-1 services to the people of
New York State and incur substantial costs to upgrade and maintain communications systems, as well as keep
up to date with technological changes such as Next Generation 9-1-1 (NG 911), which is estimated to take 10
years to implement at a cost of approximately $22 billion in New York State, and
        WHEREAS, counties have demonstrated their ability to work together to form regional partnerships and
collaborate in the development and expansion of their public safety systems, and
        WHEREAS, New York State's practice of raiding these funds makes counties ineligible for federal
funding, including $42 million in wireless Next Generation 9-1-1 funding, and $58 million from the Department
of Transportation.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the State of New
York to allocate the fullest amount of these funds permissible under law to counties so that 9-1-1 centers and
emergency service personnel can make the necessary investments in their systems to support the emergency
communications needs in their communities, and
        BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall forward copies of this resolution
to Governor Andrew M. Cuomo, the Commissioner of the Division of Homeland Security and Emergency
Services, Senator Thomas F. O’Mara, Assemblyman Christopher S. Friend, and all others deemed necessary
and proper.
Vote 8-0.
RESOLUTION NO. 289 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE CONTRACT WITH LISA BAKER OF TIOGA COUNTY PROBATION FOR
        TRAINING ASSISTANCE - PROBATION DEPARTMENT
        WHEREAS, the Schuyler County Probation Department will need assistance implementing the financial
collections and dispersing of funds through the electronic case management system Caseload Explorer, and
        WHEREAS, Lisa Baker of Tioga County has agreed to enter into a contract with Schuyler County
Probation at a cost of $450 a day plus additional costs of mileage at $.505 cents a mile to come to the Probation
Office and perform this training, and
        WHEREAS, the contract shall be on an as needed basis as determined by Schuyler County Probation
and in coordination with Lisa Baker in an amount not exceed $600.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Lisa Baker to assist the Schuyler County Probation Department in training for recording
collections and dispersing of funds through the Caseload Explorer Program, for a term of November 5, 2011
through November 5, 2012; funding for this service is available through the Schuyler County Probation
Departments budget account no. 3140.0435, subject to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 290 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2012/2013 NEW YORK STATE
        VIOLENCE AGAINST WOMEN GRANT - DISTRICT ATTORNEY
        WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services
for the purpose of assisting the Schuyler County District Attorney’s Office with retaining a designated
prosecutor for violence against women, and
        WHEREAS, this Grant is estimated to be in the amount of $75,000 with a 25% County match (can be
in-kind).
        NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County
District Attorney to submit a grant application for 2012/2013 NYS VAWA 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 $75,000 with a 25% County match (can be in-kind); said documents subject to approval by the
Schuyler County Attorney.
116                                    SCHUYLER COUNTY LEGISLATURE
Vote 8-0.
RESOLUTION NO. 291 Motion by Larison, Second by Gifford.
RE: RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FROM THE HOUSEHOLD
        HAZARDOUS WASTE (HHW) STATE ASSISTANCE PROGRAM 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 household hazardous waste programs, 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
applicable laws of the State of New York including all understandings and assurances contained in said
application is hereby authorized.
        2. That the Chairman of the Legislature is directed and authorized as the official representative of the
MUNICIPALITY to act in connection with the application and to provide such additional information as may
be required and to sign the resulting contract if said application is approved by the STATE.
        3. That the MUNICIPALITY agrees that it will fund the entire cost of said household hazardous waste
program and will be reimbursed by the State for the State share of such costs.
        4. That five (5) Certified Copies of this Resolution be prepared and sent to the New York State
Department of the Environmental Conservation, Albany, New York 12233-7253, together with ONE complete
application.
        5. That this resolution shall take effect immediately.
Vote 8-0.
RESOLUTION NO. 292 Motion by Larison, Second by Gifford.
RE: NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL
        TOURIST PROMOTION AGENCY FOR FIFTEEN YEARS 2012-2026
        WHEREAS, the New York State Matching Grants Program is designated to encourage tourism
promotion throughout the regions of New York State, and
        WHEREAS, in the past, the State of New York has appropriated funds for this purpose in its Commerce
Department budget, and
        WHEREAS, the guidelines for this local assistance program encourages counties to appoint a Regional
Tourist Promotion Agency, and
        WHEREAS, the Watkins Glen Area Chamber of Commerce has been authorized to serve as the
Schuyler County tourism representative to provide specific tourism services on behalf of Schuyler County, and
        WHEREAS, the Watkins Glen Area Chamber of Commerce has served as the Schuyler County lead
tourism promotion organization since its inception, and
        WHEREAS, the Watkins Glen Area Chamber of Commerce has requested to be designated as the
County’s Tourism Agency for the 2012-2026 State Program Years.
        NOW, THEREFORE, BE IT RESOLVED, that the Watkins Glen Area Chamber of Commerce be, and
hereby is, designated by the Schuyler County Legislature as its Tourist Promotion Agency for the 2012-2026
State Program Years to represent the County of Schuyler under the present New York State Tourist Promotion
Act for all purposes set forth in said act, and
        BE IT FURTHER RESOLVED, that the Watkins Glen Area Chamber of Commerce be, and hereby is,
authorized to execute any documents under the Matching Grants Program and is authorized to make application
for and receive grants on behalf of the County of Schuyler pursuant to the New York State Commerce
Department budget for the years 2012-2026, and
        BE IT FURTHER RESOLVED, that designation is subject to the Legislature’s review and acceptance of
the Watkins Glen Area Chamber of Commerce’s Strategic Plan and the Chamber’s compliance with said Plan,
and
                                      PROCEEDINGS OF THE YEAR 2011                                           117
         BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is,
authorized to file a certified copy of this resolution with appropriate bodies including, but not limited to, the
Watkins Glen Area Chamber of Commerce, and
         BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a
fifteen year contract with the Watkins Glen Area Chamber of Commerce for said TPA Funding, for the term
January 1, 2012 through December 31, 2026, funding available in the budget account no. 6410.436-Room Tax-
Chamber of Commerce, subject to approval by the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 293 Motion by Larison, Second by Gifford.
RE: AUTHORIZE APPOINTMENT TO FILL UNEXPIRED TERM ON THE SCHUYLER COUNTY
         INDUSTRIAL DEVELOPMENT AGENCY (SCIDA)
         WHEREAS, Jerry Gapp had resigned from the SCIDA Board in July 2011, and
         WHEREAS, the required Legal Notice of vacancy was published, and
         WHEREAS, A. Scott Welliver has expressed an interest in filling the unexpired term.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the
appointment of A. Scott Welliver to fill the unexpired term of November 14, 2011 through December 31, 2012
on the Schuyler County Industrial Development Agency Board.
Vote 8-0.
RESOLUTION NO. 294 Motion by Halpin, Second by Gifford.
RE: AUTHORIZE REQUEST FOR PROPOSALS (RFP) FOR LEGAL SERVICES FOR OFFICE FOR
         THE AGING (OFA) CLIENTS FOR 2012- OFFICE FOR THE AGING
         WHEREAS, under the Older Americans Act, legal assistance is designated as a priority service funded
by Title III-B, and
         WHEREAS, the Statewide Standards for the Delivery of Legal Assistance to Older New Yorkers as set
forth by the New York State Office for the Aging (NYSOFA) as well as the NYSOFA Legal Services
Developer, provide direction on the selection of a legal assistance provider, and
         WHEREAS, legal services to OFA clients is contained within the Annual Implementation Plan for 2012
and is included in the OFA portion of the 2012 County budget.
         NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Office for the
Aging Director to solicit proposals for legal services for OFA clients as set forth under the Older Americans
Act.
Vote 8-0.
RESOLUTION NO. 295 Moiton by Halpin, Second by Gifford.
RE: AUTHORIZE AN APPLICATION WITH THE NEW YORK STATE CONFERENCE OF LOCAL
         MENTAL HYGIENE DIRECTORS FOR A SYSTEMS OF CARE GRANT – COMMUNITY
         SERVICES
         WHEREAS, the NYS Conference of Local Mental Hygiene Directors (CLMHD) is promoting the
adoption of Systems of Care Values and Accountability for transformation at the County level, and
         WHEREAS, the CLMHD has offered a Learning Cooperation Grant for $5,000 for initiating planning
activities, and
         WHEREAS, there is a need to better coordinate the care and services of children in need due to severe
emotional illness.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all documents relative to the said grant application with the Conference of Local Mental Hygiene
Directors for the Community Services Department for the Shelter Plus Care (S+C) Grant, subject to the
approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 296 Motion by Halpin, Second by Gifford.
RE: AUTHORIZE AMENDING THE CONTRACT WITH COORDINATED CARE SERVICES, INC.
         (CCSI) – HEALTH SERVICES
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        WHEREAS, Community Services has an established contract with Coordinated Care Services, Inc.
(CCSI) for planning services relative to comprehensive mental health services in the amount of $20,000, and
        WHEREAS, CCSI has proposed providing contract management/financial oversight to Community
Services for requirements related to the Office of Mental Health, and
        WHEREAS, CCSI has a successful track record in providing counties with these services, and
        WHEREAS, CCSI also has expertise and success in assessing and planning for systems changes, and
        WHEREAS, Health Services has sufficient funding available for administration of fiscal services, and
        WHEREAS, CCSI has agreed to provide said services to the Community Services Board at a cost not to
exceed an additional $25,000, which includes a one-time initial start up expense not to exceed $5,000, effective
immediately through December 31, 2012.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
amend the contract with CCSI at an additional cost not to exceed $25,000, funding available in account no.
4310.435, renewable annually on a calendar year, subject to the approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 297 Motion by Halpin, Second by Yuhasz.
RE: AUTHORIZE CONTRACT WITH SHARIFUZZAMA SIDDIQUI, M.D. – COMMUNITY SERVICES
        WHEREAS, Schuyler County Community Services has the need for psychiatric services, and
        WHEREAS, Dr. Sharifuzzama Siddiqui is willing and able to provide these services to fill part of the
current need, and
        WHEREAS, funding is available the current and 2012 budgets.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
enter into a contract with Dr. Sharifuzzama Siddiqui for 12 hours per week, $131 per hour, in an amount not to
exceed $95,000, funding available in account no. 4310.435, effective immediately through December 31, 2012,
renewable annually on a calendar year, subject to the approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 298 Motion by Halpin, Second by Yuhasz.
RE: RECOGNIZE DECEMBER 4 – 11, 2011 AS NATIONAL INFLUENZA VACCINATION WEEK –
        PUBLIC HEALTH
        WHEREAS, National Influenza Vaccination Week (NIVW) is a national observance that was established
to highlight the importance of continuing influenza vaccination, as well as fostering greater use of flu vaccine after
the holiday season into January and beyond, and
        WHEREAS, influenza (the flu) is a serious disease that can lead to hospitalization and sometimes even
death, and
        WHEREAS, anyone can get sick from the flu, although certain people are at greater risk for serious
complications, such as older people, young children and people with chronic lung diseases, diabetes, heart disease
and neurologic conditions as well as pregnant women, and
        WHEREAS flu viruses are constantly changing each flu season and they can affect people differently
based on their body’s ability to fight infection, and
        WHEREAS, the first and most important step in protecting against the flu is to get a flu vaccine each
season.
        NOW, THEREFORE, BE IS RESOLVED, that the Schuyler County Legislature recognizes December 4 –
11, 2011 as National Influenza Vaccination Week.
Vote 8-0.
RESOLUTION NO. 299 Motion by Halpin, Second by Yuhasz.
RE: ACCEPT AND ESTABLISH THE EARLY INTERVENTION GRANT FOR OCTOBER 1, 2011 –
        SEPTEMBER 30, 2012 – PUBLIC HEALTH
        WHEREAS, Schuyler County’s annual Early Intervention Grant will be $28,755 for the period of
October 1, 2011 - September 30, 2012.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney, and
                                        PROCEEDINGS OF THE YEAR 2011                                            119
        BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish
the 2011-2012 Early Intervention Grant Budget accordingly in cooperation with Public Health.
Vote 8-0.
RESOLUTION NO. 300 Motion by Larison, Second by Barnes.
RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR MILEAGE – VETERANS
        SERVICE AGENCY
        WHEREAS, the 2011 Veterans Service Agency mileage account will be over budget, and
        WHEREAS, there are not sufficient funds in the 2011 budget for said expenses.
        NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Treasurer is hereby authorized to
transfer $5,000.00 from Contingency account no. 1990.500 into account no. 6510.430-Mileage.
Vote 8-0.
RESOLUTION NO. 301 Motion by Larison, Second by Barnes.
RE: ACCEPT/REJECT BIDS FOR CONSTRUCTION OF COUNTY ROAD 4 OVER SAWMILL CREEK
        BRIDGE PROJECT
        WHEREAS, Schuyler County passed Resolution No. 186-11, authorizing the advertising for bids for
construction of County Road 4 Bridge Replacement, and
        WHEREAS, bids were opened on November 9, 2011 and reviewed with the recommendation being
made by Labella Associates Engineers to accept the low bid from Silverline Construction, Inc, and
        WHEREAS, funding for the said project in the 2012 budget and reimbursed, 80% Federal, 15% State,
and 5% local.
        NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accept the following low
bid from Silverline Construction, Inc, for the County Road 4 Bridge Replacement at the low bid price of
$872,577.00, funding available in the 2012 budget account no. 002.5120.398, and
        BE IT FURTHER RESOLVED , that the Chairman be authorized to sign the contract for said bid,
subject to the approval of the Schuyler County Attorney, and
        BE IT FURTHER RESOLVED, the other bids be rejected, with a note of appreciation for their
participation.
Vote 8-0.
RESOLUTION NO. 302 Motion by Larison, Second by Barnes.
RE: AUTHORIZATION TO REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES FOR THE
        MILL STREET BRIDGE, ODESSA AND AUTHORIZE FUNDING FROM THE HIGHWAY
        RESERVE FUND – HIGHWAY
        WHEREAS, the Mill Street bridge in the Village of Odessa is in need of re construction, and
        WHEREAS, the Highway Superintendent has received one quote for Engineering Services, and
        WHEREAS, the Highway Superintendent has been instructed to solicit two additional proposals.
        WHEREAS, the funding for said engineering services will be transferred from the Highway Reserve
Fund. NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent is authorized to obtain
Engineering Services Proposals for the Mill Street Bridge construction, and
        BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer
$37,500.00 from the Highway Reserve Account into the Highway Engineering Services account number
2.5020.400.
Vote 8-0.
RESOLUTION NO. 303 Motion by Karius, Second by Larison.
RE      RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE
        YEAR 2012 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE
        WHEREAS, the State Board of Real Property Services has established the County equalization rates
pursuant to Title 2 of Article 8 of the Real Property Tax Law, and a certificate of these rates has been received.
        NOW, THEREFORE, BE IT RESOLVED, that the equalization rates for the 2011 Assessment Roll be
adopted and the 2011 County equalization rates to be used for the general levy and apportionment of the 2012
county tax levy from the State Board of Real Property Services be entered in the minutes as follows:
120                                   SCHUYLER COUNTY LEGISLATURE
         TOWN OF CATHARINE 100.00                      TOWN OF MONTOUR                100.00
         TOWN OF CAYUTA                100.00          TOWN OF ORANGE                 100.00
         TOWN OF DIX                   100.00          TOWN OF READING                100.00
         TOWN OF HECTOR                100.00          TOWN OF TYRONE                 100.00
Vote 8-0.
RESOLUTION NO. 304 Motion by Karius, Second by Larison.
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 2011, for the budget
year of 2012, for the Lamoka/Waneta Lakes Protection and Rehabilitation District shall be held on the 12 th day
of December, 2011 at 6:40 P.M. in the Legislative Chambers, 105 9th Street, Watkins Glen, NY and the Clerk of
the Legislature is hereby authorized and directed to publish the Notice of Public Hearing as required by Section
270 of the County Law in the official newspaper of the County, and the Clerk is further directed to forward a
certified copy of this resolution to 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: Brenda Mori, Clerk, Steuben County Legislature; the Director of Schuyler County Real Property Tax
Service Agency and the Schuyler County Treasurer.
Vote 8-0.
RESOLUTION NO. 305 Motion by Karius, Second by Larison.
RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 2011 SETTING SALARIES FOR CERTAIN PUBLIC
         OFFICERS FOR THE YEAR 2012
         WHEREAS, County Law Section 201 states that any change in compensation of such officer during
his/her term be made only by Local Law subject to the provisions of Section 24 of the Municipal Home Rule
Law.
         NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4 of the year 2011 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 12, 2011 at 6:45 p.m. in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY.
                               LOCAL LAW INTRO. NO. 4 OF THE YEAR 2011
         A Local Law Setting Salaries for Certain Public Officers for the Year 2012.
         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, 2012.
         2.      The following public officers are subject to the provisions hereof:
         Highway Superintendent        $66,389         Deputy Highway Superintendent         $53,567
         Chief Asst. District Attorney $76,472         Asst. District Attorney               $29,221
         Undersheriff                  $56,680         Comm. Of Social Services              $74,278
         Personnel Officer             $48,763         Real Property Tax Director            $78,766
         Deputy County Clerk           $40,124         County Administrator                  $108,202
         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.
DISCUSSION: Legislator Halpin stated that she will be voting no on this Resolution. She will not vote for any
budget that will increase the taxes. She feels they are in tough economic times and they have people out there
that have not received raises, and if their pay is not going up, then she will not vote for a tax increase. She
made it clear that this has nothing to do with our Department heads, as she commends them. She simply cannot
support this Resolution.
Vote 7-1. No; Halpin.
RESOLUTION NO. 306 Motion by Larison, Second by Gifford.
RE: AUTHORIZE FIVE-YEAR CONTRACT RENEWAL WITH VENESKY & COMPANY FOR THE
         COUNTY’S 2011-2015 COST ALLOCATION PLANS – TREASURER’S OFFICE
         WHEREAS, in order to provide the Department of Social Services and the Public Health Department
                                      PROCEEDINGS OF THE YEAR 2011                                          121
with the necessary county-wide indirect costs allocable to them, a County Cost Allocation Plan needs to be done
every year, and
        WHEREAS, Venesky & Company can continue to provide this service at an annual cost of $12,500, to
be billed to the Treasurer, the Department of Social Services, and the Public Health Department.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a five-year contract renewal with Venesky & Company for the for the 2011-2015 County’s Cost
Allocation Plans for the term January 1, 2012 through December 31, 2016, funding to be made available in
budget account no. 1325.435 - Professional Fees & Services; subject to approval of the Schuyler County
Attorney.
Vote 8-0.
RESOLUTION NO. 307 Motion by Larison, Second by Gifford.
RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND
        SALARY RANGES FOR 2012
        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 over a 12-month period, and
        WHEREAS, the COLA has been determined to be 2.3%, and
        WHEREAS, the County Administrator and Human Resources Director recommend that the Legislature
adopt a 2% 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, 2012.
                                        FACTOR RATING SYSTEM
                                           AND SALARY RANGES
                POINTS                        GRADE                  MIN            MID          MAX_
                1026 – 1100                          M               78,015         88,501       99,011
                 951 – 1025                          L               72,009         82,510       93,011
                   876 – 950                         K               66,006         76,510       87,011
                   801 – 875                         J               60,006         70,510       81,010
                   726 – 800                         I               54,009         64,509       75,009
                   651 – 725                         H               48,006         57,759       67,509
                   576 – 650                         G               43,506         54,009       64,509
                   501 – 575                         F               40,504         50,255       60,006
                   426 – 500                         E               37,504         46,504       55,506
                   351 – 425                         D               34,505         42,757       51,008
                   276 – 350                         C               34,504         39,005       46,504
                   202 – 275                         B               28,504         36,005       43,506
Vote 8-0.
RESOLUTION NO. 308 Motion by Larison, Second by Gifford.
RE: AUTHORIZE PLACEMENT OF ECONOMIC DEVELOPMENT SURPLUS REVENUE INTO THE
        “ECONOMIC DEVELOPMENT RESERVE FUND” EACH YEAR
        WHEREAS, Resolution No. 468 of the Year 2000 authorized the creation of an Economic Development
Reserve Fund, and
        WHEREAS, the Schuyler County Legislature may appropriate funds annually into this fund during the
regular County budget process, and
        WHEREAS, Resolution No. 363 of the Year 2009 established a dedicated revenue stream for the
purpose of funding all economic development activities supported by Schuyler County, and
        WHEREAS, there exists the possibility in any given year that actual revenue may exceed budgetary
projections, and
         WHEREAS, the Schuyler County Legislature is desirous of committing said funds to their intended use
of furthering economic development and lessening the financial burden of its residents.
122                                   SCHUYLER COUNTY LEGISLATURE
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes
economic development surplus revenue in any budget year to be placed into the Economic Development
Reserve Fund for the purpose of promoting future economic development and growth within the county.
Vote 8-0.
RESOLUTION NO. 309 Motion by Larison, Second by Gifford.
RE: REJECT BID FOR SENECA HARBOR PARK UPGRADES TO EXISTING FACILITIES –
         BUILDING AND GROUNDS
         WHEREAS, Resolution No. 228-11 authorized the Building Maintenance Supervisor to provide bid
documents and go out to bid for upgrades to existing facilities at the Seneca Harbor Park , and
         WHEREAS, no bids were received for the August 26, 2011 bid opening, and
         WHEREAS, a bid extension was advertised to reflect a new bid opening date of September 16, 2011 at
the Legislative Chambers, and
          WHEREAS, the only bid received for the September 16, 2011 bid opening was over the existing budget
of $112,500.00
         NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the
Building Maintenance Supervisors recommendation to reject the bid in the amount of $152,800.00 from
Marchuska Brothers Construction, LLC, 436 Airport Road, Endicott, NY 13760, for upgrades to existing
facilities at the Seneca Harbor Park.
Vote 8-0.
RESOLUTION NO. 310 Motion by Larison, Second by Gifford.
RE: AUTHORIZE LEASE AGREEMENT WITH SOUTHERN TIER HOSPICE - BUILDINGS AND
         GROUNDS
         WHEREAS, Schuyler County has vacant office space at 105 Ninth Street, Watkins Glen, and
         WHEREAS, Southern Tier Hospice is seeking office space to rent.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign Lease Agreement with Southern Tier Hospice for use of Room No. 303 at a cost of $675 per month,
payable annually at 105 Ninth Street, Watkins Glen, effective on or after November 1, 2011; subject to the
approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 311 Motion by Larison, Second by Gifford.
RE: AUTHORIZE INCREASE IN CONTRACT AMOUNT WITH AIMEE CHURCHILL, ESQ. FOR THE
         PROVISION OF LEGAL SERVICES TO THE OFFICE FOR THE AGING CLIENTS – OFFICE FOR
         THE AGING
         WHEREAS, the Office for the Aging currently has an agreement for legal services provision for the age
60 and older population in Schuyler County, and
         WHEREAS, there has been an increase in the numbers of individuals requesting assistance, and
         WHEREAS, the type of assistance being requested is more complex requiring more time on the part of
the contracted attorney to resolve, and
         WHEREAS, the Office for the Aging has received federal funds pursuant to the Older American’s Act,
Title IIIB, to carry out such objectives and has the authority and necessary funds under such grant to cover the
noted increase, and
         WHEREAS, the Contractor covenants that she is willing and able to meet the demands of the incoming
requests for legal assistance.
         NOW, THEREFORE, BE IT RESOLVED, that the total contract amount authorized with Aimee
Churchill to render legal assistance to Office for the Aging clients at the rate of $125.00 per hour, will be
increased from $7,000 to $9,000 for the current term ending December 31, 2011.
Vote 8-0.
RESOLUTION NO. 312 Motion by Barnes, Second by Yuhasz.
RE: AUTHORIZE CONTRACT WITH SCHUYLER COUNTY VETERANS SERVICE AGENCY –
         SOCIAL SERVICES
                                       PROCEEDINGS OF THE YEAR 2011                                         123
        WHEREAS, paragraph 3 of Social Services Law § 131-m reads “Each social services district shall
designate staff having administrative responsibility for assuring the furnishing of information and referral
regarding the following services and programs and for making appropriate inquiries related to the actual receipt
of such services: financial assistance programs, health care and services, social services, employment services
and other community services, including legal, education and consumer services”, and
        WHEREAS, the Commissioner of Social Services may contract for the provision of the information and
referral services, and
        WHEREAS, the Director of the Schuyler County Veterans Service Agency has agreed to provide
information and referral services to Schuyler County residents for the Department of Social Services, and
        WHEREAS, the Commissioner of Social Services has, therefore, designated the staff of the Schuyler
County Veterans Service Agency to assist the Schuyler County Department of Social Services (DSS) in
furnishing information and referral services to veterans, dependents, survivors and other claimants regarding
services and programs available to them, and
        WHEREAS, it is economically and organizationally feasible for the Department to contract with the
Veterans Service Agency for the performance of these services, and
        WHEREAS, Social Services has determined that the amount of funds to be paid to the Veterans Service
Agency is reasonable and necessary to assure quality services; and
        WHEREAS, the cost of the contract will be up to $60,000, of which approximately 60% will be
reimbursed with Federal and State funds with funding for this contract being included in the Department’s 2012
budget, account number 6010.435.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with the Schuyler County Veterans Service Agency for the Department of Social Services for
information and referral services for the term January 1, 2012 through December 31, 2012 in the amount of up
to $60,000, funding available in the 2012 Department of Social Services budget, account no. 6010.435; subject
to approval of the Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 313 Motion by Barnes, Second by Yuhasz.
RE: RESOLUTION URGING THE NEW YORK STATE LEGISLATURE TO IMMEDIATELY ENACT
        LEGISLATION RESCINDING NEW YORK’S PARTICIPATION IN THE REGIONAL
        GREENHOUSE GAS INITIATIVE (RGGI) CAP AND TRADE PROGRAM
        WHEREAS, the Schuyler County Legislature recognizes that cap-and-trade is a destructive tax on
energy that will dramatically increase energy prices, cost thousands of jobs, and damage the state’s economy,
and
        WHEREAS, the Schuyler County Legislature recognizes that the Regional Greenhouse Gas Initiative
(RGGI) cap-and-trade program will have an adverse economic impact on the citizens of Schuyler County by
causing an undue increase in utility rates, and
        WHEREAS, the Schuyler County Legislature recognizes that the Regional Greenhouse Gas Initiative
(RGGI) cap-and-trade program is devoid of transparency, operates in a clandestine manner, and has refused
open public records requests, and
        WHEREAS, the Schuyler County Legislature recognizes that the Regional Greenhouse Gas Initiative
(RGGI) cap-and-trade program has the potential of being exploited by speculators and Wall Street investment
firms, and
        WHEREAS, the Schuyler County Legislature recognizes that the Regional Greenhouse Gas Initiative
(RGGI) cap-and-trade program is failing in its stated mission to reduce carbon emissions and will not have any
impact on reducing carbon emissions until Year 2030, and
        WHEREAS, the Schuyler County Legislature recognizes that the Regional Greenhouse Gas Initiative
(RGGI) cap-and-trade program is a prelude to a national cap-and-trade program, and
        WHEREAS, the Schuyler County Legislature recognizes it has an obligation to stop the expansion of
cap-and-trade, begin the dismantling of the Regional Greenhouse Gas Initiative (RGGI) cap-and-trade program,
and end this threat to our state and national economy.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby urge the
New York State Legislature to immediately enact legislation rescinding New York’s participation in RGGI, and
forced contributions by power utilities operating within New York State, and
124                                   SCHUYLER COUNTY LEGISLATURE
         BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges the Honorable Andrew M.
Cuomo to repeal Governor Patterson’s Executive Order No. 24 and withdraw New York State from its
participation in RGGI, having been enacted without proper legislation and hence circumventing the law by
instituting taxation without representation, and
         BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges the New York State
Legislature to, absent action by Governor Cuomo, institute by legislation, a moratorium on further “global
warming”- related taxes and regulations being imposed on New York State’s power utilities, and
         BE IT FURTHER RESOLVED that certified copies of this resolution shall be forwarded to Governor
Andrew Cuomo, New York State Senator Thomas F. O’Mara, New York State Assemblyman Christopher S.
Friend, the Majority and Minority Leaders of the New York State Senate and Assembly, to the Inter-County
Association of Western New York, and all others deemed necessary and proper.
Vote 8-0.
RESOLUTION NO. 314 Motion by Barnes, Second by Yuhasz.
RE: AUTHORIZE CONTRACT WITH COMMUNITY DISPUTE RESOLUTION CENTER (CDRC) TO
         PROVIDE GROUP FACILITATION SERVICES – HUMAN RESOURCES
         WHEREAS, group facilitation services were needed for the Office for the Aging Department, and
         WHEREAS, external resources were required.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Community Dispute Resolution Center (CDRC) at the rate of $150.00 per hour, not to
exceed $1,050, for said facilitating, effective April 26, 2011 through October 19, 2011, funding available in the
2011 Human Resources budget account no. 1430.435-Professinal Fees and Services; subject to approval of the
Schuyler County Attorney.
Vote 8-0.
RESOLUTION NO. 315 Motion by Barnes, Second by Gifford.
RE: ALTERATION OF 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 –
         SOCIAL SERVICES
         BE IT RESOLVED, that the Tentative Budget for 2012 be altered and modified by the following:
         AMOUNT                ACCOUNT NO.                    DESCRIPTION
         +$58,677              6010.435                       Professional Fees/Services
         +$36,380              6010.3610                      State Aid-Administrator
Vote 8-0.
RESOLUTION NO. 316 Motion by Barnes, Second by Gifford.
RE: ALTERATION OF 2012 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 –
         YOUTH BUREAU
         BE IT RESOLVED, that the Tentative Budget for 2012 be altered and modified by the following:
         AMOUNT                ACCOUNT NO.                    DESCRIPTION
         +$18,238              7310.100                       Personnel Services
         +$3,356               9010.801                       State Retirement
         +$1,395               9030.802                       Social Security
         +$588                 9040.803                       Worker’s Compensation
         +$12,730              9060.807                       Health/Dental Insurance
         +$58,677              7310.2089                      Other Culture & Rec Dept. Revenue
DISCUSSION: Chairman Fagan asked that Administrator O’Hearn explain Resolutions Numbers 315 and 316.
Administrator O’Hearn explained that through conversations with other County Social Services, our
Commissioner, Bill Weiss, was able to help fund the two programs through the Social Services Budget.
Vote 8-0.
RESOLUTION NO. 317A Motion by Karius, Second by Halpin.
RE: MOTION TO TABLE RESOLUTION NOS. 317, 318 AND 319
         BE IT RESOLVED, that Resolution Numbers 317, 318 and 319 be tabled and an additional Budget
Workshop be scheduled for further discussion on the 2012 Tentative Budget.
                                        PROCEEDINGS OF THE YEAR 2011                                          125
DISCUSSION: Legislator Halpin explained why she decided to run for the Legislature, mostly due to the
spending. She said not a single person she visited throughout her campaign was not concerned about our taxes.
At the start of our budget process discussions she heard were that our taxes are the highest in the nation and we
end tonight by increasing our taxes. She understands that the budget is driven by mandated services. We had
an opportunity to decrease the taxes but to do so, we would have to cut services and probably lay off people. In
her past legislative term we lived through tough times. We did what we had to do and gradually we came back.
With the cost of fuel for home heating, the cost of food, everything is going up. She just does not understand
why our taxes can go up also. How do you expect people to pay them? We have our Budget Officer who
prepares the budget. The Legislature has no input in that. We need to as well as have real numbers. Each year
the Legislature at the beginning of the year discusses the Legislative goals. One of the goals in not to raise the
taxes more than 3%. She explained how the home values change, tax levy and the tax rates. I am dismayed by
the actions of this Legislature. I will not have an opportunity to discuss decreasing the budget or revenues. I’ve
not had that opportunity. I doubt this budget will be turned down. This is just lack of respect to you as the tax
payers. Legislator Yuhasz explained the goal discussion at the start of the year that all Legislators agreed to it,
and they have achieved that. Chairman Fagan said as far as not having an opportunity to offer input, Legislator
Halpin sat through three Management & Finance Budget Workshop meetings with numerous modifications
offered and she was silent. He asked every legislator present at the last meeting if anyone wished to have an
additional budget workshop and there was no further discussion. Legislator Halpin said she does not believe
this has ever happened where the Management and Finance Committee has never turned the budget over to the
full Legislature for action. She admitted that maybe she did not understand the process. Chairman Fagan
explained that all she had to do was to ask for a workshop. She agreed that maybe she is remised, but feels it is
still no reason to discuss my concerns now. Legislator Halpin stated that by law, they are allowed to have up
until December 20th to adopt the budget. She does not know why they are rushing through the process. They
have more time to work on this. Legislator Larison said he sat in on all the budget workshop meetings. Any
person could have spoken up and offered alterations, all you had to do was ask. You are always allowed to
speak with permission from the Chairman of that committee. Legislator Halpin said she did not bring in her
recommendations until she had an opportunity to review this budget line by line. This budget was not looked at
line by line. Legislator Karius suggested that maybe they should have more meetings to hear what concerns
Legislator Halpin has and made the motion to table the Resolutions to adopt the 2012 budget.
Vote 5-3. No: Gifford, Larison, Yuhasz.
RESOLUTION NO. 317
RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2012 - TABLED
         WHEREAS, a notice was published in the official newspaper of the County of Schuyler that a Public
Hearing on the Tentative Budget of the County of Schuyler for 2012 would be held at 6:30 P.M. on November
14, 2011, in the Human Services Complex, Room 120, 323 Owego Street, Montour Falls, NY , and
         WHEREAS, the above-mentioned Public Hearing was held on November 14, 2011 at said time and
place.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2012 as presented by
the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the
Schuyler County Legislature, to raise $10,080,070.00 by tax levy, be adopted.
RESOLTUION NO. 318
RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED
         "2012" - TABLED
         WHEREAS, the Schuyler County Legislature by Resolution No. 317, dated November 14, 2011, has
adopted a budget for fiscal year 2012.
         NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the
column entitled "2012" as amended, be, and the same hereby are, appropriated for the objects and purposes
specified, effective January 1, 2012.
RESOLUTION NO. 319
RE: 2012 BUDGET OF $42,492,951: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO
         COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN - TABLED
126                                    SCHUYLER COUNTY LEGISLATURE
        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, 2011, 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 no later than December 31, 2011 the required
certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler
County.
NEW BUSINESS: None.
UNFINISHED BUSINESS:
        The Clerk of the Legislature informed the Legislators that the Historian is retiring and that the Historical
Society will be holding an open house and farewell reception in the afternoon of Sunday December 11th from
2:00 – 4:00 p.m. at the Brick Tavern Museum. Instead of presenting a Certificate of Recognition to her at the
December Regular Meeting of the Legislature, Chairman Fagan and Administrator O’Hearn have been invited
to attend the open house and will present Barbara with her certificate of recognition for her years of service to
the County then.
        The Clerk also asked if the Legislature wished to discuss the vacant County Attorney Position and
starting the interview process to fill the position. Administrator O’Hearn stated that they have received three (3)
applications and resumes and they should create a three to four member panel to review and interview the
candidates, along with the Personnel Officer. It was decided that the Chairman, Legislator Gifford, Legislator
Halpin, and Administrator O’Hearn would make up that panel.
REPORT ON STANDING COMMITTEES: None.
COUNTY ADMINISTRATORS REPORT: None
PUBLIC PARTICIPATION:
        Mr. Richard Scutari agrees with Legislator Halpin. He then quoted sales tax numbers for the past few
years with and without Walmart being present. Each year we continue to have tax increases.                 Look at
Chemung County, what are they doing that we are not? For six years they have not had any tax increases in
Chemung County. Do they have better managers there? Chairman Fagan tried to explain the volume of growth
there versus Schuyler County’s growth. Mr. Scutari named some growth we have experienced, such as
Walmart, the new Hotel, WGI, etc. Chairman Fagan and Mr. Scutari had much discussion on sales tax figures.
        Mr. Ford asked if the County had explored military and Federal prison systems to purchase Government
surplus. Administrator O’Hearn replied and informed Mr. Ford that they have, and that the Sheriff and the
Highway Superintendent are both present this evening and could explain just how often they are on line in the
Government Surplus website checking for equipment.
        Mr. Paul Marcellus said he wanted to note that during his Legislative term, there was never constraint of
when you could and could not speak during any meetings.
        Mr. Alan Hurley made a statement regarding the property assessments in the Waneta and Lamoka
Lakes districts. The assessments will increase the property values and at this time he feels that is alarming. He
does not think that it is good timing with tax rates going up.
        Legislator Barnes wished to bring to the public’s attention that they have the chance to make some
changes next year as every Senator is up for re-election in 2012. He told them they need to get out there and
vote for those that are supporting the mandate relief. If we do not get some relief we will have no choices.
        Chairman Fagan wanted to thank the Department Heads and Administrator O’Hearn for their efforts
with the budget. He realizes that this Legislature has put a lot on them and expected them to do more with less.
The legislature appreciates what they do.
        MOTION by Legislator Larison to go into Executive Session to discuss employee work history,
SECOND by Legislator Gifford. Motion carried eight ayes to zero noes.
        MOTION by Legislator Gifford to come out of Executive Session discussion, SECOND by Legislator
Karius. Motion carried eight ayes to zero noes.
        A Legislator Budget Workshop meeting was set for November 30th following the Management &
Finance Committee Meeting.
        The Meeting adjourned at 8:17 p.m.
                                       PROCEEDINGS OF THE YEAR 2011                                                            127
                  Stacy B. Husted, Clerk
                  Jamee L. Mack, Deputy Clerk




                                                                      Med Rev Recoveries, Inc, 70
                                                                      Medtox Laboratories Amendment, 40
                               A                                      Miscellaneous Structural Maintenance Extension, 97
Agreement/Contract/Proposal                                           Montour Glass, 43
   5311 Annual Operating Assistance, 60                               MXI Environmental Services, 85
   A.L. Blades, 88                                                    National Association of County and City Officials, 17
   Administration Unit CSEA, 59                                       New York State EZ Pass Sales, 35
   Administrative Unit CSEA Board of Directors Reimbursement, 50      New York State Parks Recreation and Historical Preservation,
   Aimee Churchill Amendment, 122                                         Contract E-xtension, 31
   Aimee Churchill, Esq., 69                                          NY Connects Program Year 6 - Office for the Aging, 104
   Ault International Amemdment, 19                                   NY Connects Year 6 - Office for the Aging, 105
   Automon Corporation, 65                                            NY Connects Year Five, 16
   BC Cate Elementary School, 108                                     NYS Board of Elections, HAVA Grant Extensions, 34
   Behavioral Interventions Inc, Global Positioning, 65               NYS Department of Taxation & Finance, Real Property Tax, 80
   Behavioral Interventions, Inc, Landline Connection, 65             Procura LLC 3M, 45
   Beth Peck, 26                                                      Rachael Boruchowitz, 35, 48
   Blue Wing Prefessional Consulting, 102                             REACT, 85
   Brian Beaumont, 29                                                 Richard Decker, 69
   Burlington Laboratories Amendment, 28                              Right of Way County Route 4 Bridge Replacement, 57
   C&R Enterprises, 68                                                Right of Way Property Appraisals Genesee Bridge Replacement,
   Clean Vibes LLC, 67                                                    34
   Comfort Keepers, 86                                                Roger Pike, Finger Lakes Contracting, 17
   Community Dispute Resolution Center, 100, 124                      S.M. Ahwar Ahmed, M.D. Amendment, 107
   Comnetix, Inc, 103                                                 Sale of Certified Home Health Agency (CHHA), 18
   Coordinated Care Services Amendment, 117                           Schuyler Head Start Sensory Garden, 47
   Cornell Cooperative Extension, Senior Camp, 16                     SCOPED Insurance Amendment, 28
   Council on Alcoholism and Other chemical Dependencies              Shared Services Agreement, NYSDOT, 32
        Amendment, 106                                                Sharifuzzama Siddiqui, M.D., 118
   Council on Alcoholism and Other Chemical Dependencies              Soft Code, Inc., 40
        Amendment, 17                                                 Southern Tier Hospice Lease, 122
   Dalya Tamir, Early Intervention, 30                                Statewide Police Information Network, 56
   Dalya Tamir, Preschool Services, 29                                Steuben County Health Care Facility, 45
   Darcie L. Braiman, Amendment, 107                                  Summer Youth Employment Program, 46
   Delta Engineers, 47                                                Supervision and Treatment Services for Juveniles - Social
   Eastern Copier Lease Extension, 5                                      Services, 107
   Ellen Langendorfer, 106                                            Systems Development Group, 59
   Fidelis Care New York, 96                                          Timothy Hicks, 70
   Ford Motor Credit Company, 14                                      Tourist Promotion Agency 15 year, 116
   Fredrick M. Cerion, Esq., 8                                        US Forest Service Amendment, 75
   Gary V. Ferguson, 81                                               Venesky & Company 5 year, 120
   Genesee Region Home Care (GRHC), 18                                Venesky & Company, Home Care Consulting, 8
   Glen Abstract, 91                                                  Veterans Services and Social Services, 122
   Harmony Information Systems, Inc., 15                              Vision Rehabilitation Employment, Early Intervention, 30
   Home Sweet Home, 69                                                Welliver- McGuire Change Order, 30
   Ivans, Inc Amendment, 76                                        Agricultural District
   J. Bruce Crew, 81                                                  Annual Enrollmnt Request, 61
   Jennifer Mehta, PHN., 70                                           Annual Public Hearing, 76
   Jill Wicker, 82                                                    Modification Ag District 1, 94
   License Monitor, Inc, 103                                          Negative Declaration District 3, 41
   Linn Aftuck, 87, 106                                               Negative Declaration,District 1, 75
   Lisa Baker, 115                                                    Public Hearing, Enrollment for 2011, 42
   Margaret Ohlinger, DVM, 71                                      Appointment
128                                         SCHUYLER COUNTY LEGISLATURE
  Chairman, 1                                                      Budget Alteration, 124
  Chief Coroner, 2                                                 Budget Amendment
  County Historian, 2                                                 2011 Medicaid, Social Services, 108
  Democratic Deputy Commissioner, 3                                   Acceptance of Supervision and Treatment Services for Juvenial -
  Early Intervention Designee, 44                                        Youth Bureau, 104
  Election Inspectors, 73                                             County Clerk, 73
  Fair Housing Officer, 28                                            Public Defender, 66
  Lamoka/Waneta Lakes Protection District, 53                         Sheriff Office, 65
  Local Early Intervention -Coordinating Council, 44                  Supervision and Treatment of Juveniels, Probation, 102
  Party Inspectors, 8
  Planning Board, 81
  Planning Commission, 23, 60, 74
                                                                                                   C
  Regional Local Development Corporation LDC, 5                    Chairman
  Republican Depty Commissioner, 3                                    Close Nominations, 1
  Schuyler County Industrial Development Agency, 117               CHHA, 18, 19
  Souther Tier Central Regional Planning & Development Board, 53   Continuity
  Special Committees, 9, 11, 12                                       Local Government, 1
  Voting System Technicians/Custodians, 7
  Workforce Development Board, 11, 12
  Youth Board, 28, 43
                                                                                                   D
Approval/Authorization/Amendment                                   Delegate Authority
  4 Year Implementation Plan, Office for the Aging, 105               Real Property Tax Director - Corrections, 2
  Alternatives to Incarceration Plan, 15                           Designation
  Amending Real Property Tax Directory Approval Level, 24             Depositories, 1
  CSEA Administrative Unit Contract, 50                               Legal Newspaper, 1
  Decreasing Hours Bookkeeper Position, Treasurer, 37              Designation Corporate Compliance Subcommittee, 87
  Flexible Spending Account, 51
  Hire of Clerks Exprnses, 98
  Home Care Licensure (CHHA), 19                                                                    F
  Increasing Hours County Attorney Position, 110                   Filling Position
  Management/Confidential Salary Plan, 121                              Assistant County Attorney, 58
  Marchiselli Program Funding, 24                                       Assistant Public Defender, 84
  Medicaid Transportation Reimbursement Rate, 19                        Clinic Director Position, 44
  New York State Route 226 Detour, 31                                   Deputy Election Commissioner, 59
  New York State Use as Detour, 97                                      Director of Veterans Services, 96
  Regional Transportation Contribution, 15                              On Call Meal Delivers, 86
  Remove Term Limits, Lamoka/Waneta Lakes Protection                    Public Defender, 83
     Rehabilitation Distrct, 38                                         Public Health Specialist, 95
  Request for Proposal , Abstract Services, 72                          Purchasing Director, 58
  RFP Legal Services OFA, 117                                           Social Welfare Examiner Position, 56
  RFP, Engineering Services, Mill Street Bridge - Odessa, 119           Two Part Time Transport Aides, Sheriff, 14
  Roth Contributions, 50                                                Watershed Inspector, 74
  Stop DWI Plan for 2012, 85                                       Fund Creation
  Temporary Assistance For Needy Families Funding, 46                   Lamoka/Waneta Lakes District Reserve Account, 37
  Thomas G. Merrill, 31, 63                                        Fund Transfer
  Watkins Glen International Youth Employment Program, 28               Building & Grounds, Vehicle Fuel, 108
                                                                        Building Repairs Community Services, 87
                               B                                        Contingency, Purchasing Director Salary, 58
                                                                        Contingency, Veterans Mileage, 119
Bid Accept/Reject                                                       Insurance SMP Account, 25
   County Road 4 over Sawmill Creek Bridge, 119                         Public Defender, Contingency, 103
   Courthouse Cupola Painting, 91                                       Sale of Timber, Hector, 81
   Seneca Harbor Park Upgrades, 122                                     Social Services, 57
   Transportation Preschool Children with Disabilities, 71              Social Services, Safety Net, 107
Bid Advertisement                                                  Funding
   County Route 4 over Sawmill Creek Bridge Replacement, 71             Marine Patrol, 26
   Courthouse Cupola, 78                                                Stormwater Management, 54
   Transportation Preschool Children with Disabilities, 45         Funding Authorization
Bid Advertising                                                         Federal and State Marchiselli Program, 78
   Senaca Harbor Park Upgrades, 87
Bid Authorization
   Lamoka/Waneta Lakes Application & Monitoring, 54, 55                                            G
Budget                                                             Grant Acceptance
   Set Public Hearing Date, 113
                                                PROCEEDINGS OF THE YEAR 2011                                                  129
   2011/2012 Video Recording, District Attorney, 66                                                   O
   Children with Special Health Care Needs, Public Health, 105
   Early Intervention 2011-2012, 118                                Opposition
   Emergency Preparedness, Public Health, 106                         Off Track Betting, Assets, 23
   LEAD Poisoning Prevention, 18
   NYS Aid to Prosecution, District Attorney, 75
   NYS Office of Indigent Legal Services, 94
                                                                                                      P
   State of New York Board of Elections HAVA Health and Human       Policy Adoption/Change/Amendment
       Services, 55                                                    Community Development Block Grant Requirements, 19
Grant Application                                                      Hazardous Material Plan, 94
   2010 Fire Prevention, 14                                            Management/Confidential Salary Plan, 58
   Community Development Block Grant, Arbor Development, 41            Non Union Sick Leave Bank Policy, 98
   District Attorney, Violence Against Women, 4                        Purchasing Policies & Procedures, 2
   Federal TransitAdministration Section 5309 Veterans                 Sign Maintenance Method to Maintain Minimum Levels of Retro
       Transportation, 99                                                  Reflectivity, 32
   Hazardous Materials Emergency Management Preparedness,           Public Entertainment
       Emergency Management, 40                                        Permit Issued, 73
   Household Hazardous Waste, 116                                      SEQR, 62
   Ignition Interlock Funding, Probation, 27
   New York Stae Clean Air Grant, 83
   NYS Violence Against Women, 115
                                                                                                      Q
   Statewide Interoperable Communication, Emergency                 Quitclaim Property
       Management, 40                                                  Accept/Reject Offers, 25
   Suicide Prevention, 96
   System of Care Grant, 117
   Triangle Fund Grant, Youth Bureau, 29                                                              R
   United Way, Family Play & Resource Center, 15                    Ratification Special Meeting, 83
Grant Establishment                                                 Reform Funding Common Retirement Fund, 109
   2011-2012 Annual Immunization, 86                                Public Entertainment, 53
   2011-2012 LEAD, 86                                               Reimbursement Rate, Receiving Voting Machines, 111
   Household Hazardous Waste, 66                                    Reserve Account
                                                                       Economic Development, 121
                                 L                                  Rules of Proceedure
                                                                       Conform, 2
Lamoka/Waneta Lakes
   Public Hearing, 120
   Reserve Account Creation, 37                                                                       S
Local Law                                                           Salary Schedule, 2
   Amending Local Law 3 of 2009 Setting Salaries, Certain Elected      Amendment, 13
       Officials, 35                                                Sale of Surplus Property
   Amendment District Attorney Salary, 52                              Town of Orange, 98
   Public Defender Residency, 99                                    Sale Of Wine In Stores, 42
   Setting Salaries Public Officials, 120                           Sales & Use Tax
   Setting Treasurer Salary, 61                                        Rate Extension, 88
   Setting Treasurer Salary, 51                                        Renewal, 22
   Waiving Residency Requirement Public Defender, 91                Sales Tax, 51
                                                                    Shared Public Works Facility
                                M                                      Welliver-McGuire Change Order, 30
                                                                    Smoke Free Campus, 59
Medicaid Takeover, 109                                              Special Meeting Ratification, 112
Mortgage Tax                                                        Standard Work Day Resolution, 79
  Distribution, 72, 80                                              Supervised Visitation
                                                                       Family Play and Resource Center, 67
                                N                                   Surplus/Junk Equipment
                                                                       Multiple Departments, 5, 47, 79, 109
NYS Legislature
  9-1-1 Public Safety Communication, 114
  Easement, Seneca Harbor Park, 52, 63
                                                                                                      T
  Finance Auto Racing, 4, 51                                        Tabled/Failed, 77, 125
  Greenhouse Gas Initiative, 123                                    Tax
  Seneca Harbor Park Easement, 4                                       Accept/Reject Tax Auction Bids, 48
                                                                       Auction, Treasurer, 110
                                                                       Deny Real Property Tax Credit, 98
130                                             SCHUYLER COUNTY LEGISLATURE
   Set Auction Date, 22                                       Total Maximum Daily Load, 103
   Tax Roll Correction Town of Hector, 21
   Tax Roll Correction, Town of Catharine, 13
   Tax Roll Correction, Town of Dix, 21
                                                                                               W
   Tax Roll Correction, Town of Reading, 22                   Wireless 911 Disbursements, 64
Tax Levy                                                      Withdrawn, 32, 97
   2012 Equalization Rates, 119

				
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