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					                                      PROCEEDINGS OF THE YEAR 2005                                              193
                                       ORGANIZATIONAL MEETING
                                           JANUARY 5, 2005

         The January 3, 2005 Organizational Meeting of the Schuyler County Legislature was called to order at
9:30 a.m. by Gail M. Hughey, Clerk, acting as Temporary Chair. The Pledge of Allegiance was led by
Legislator Slusser and followed by a Moment of Silence. All Legislators were present, except Legislator
Larison who was excused. County Attorney Coleman was also present.
PUBLIC PARTICIPATION:
         Gloria Brubaker from Seneca Lodge stated that the lodging owners appeared before the Legislature in
large numbers last week and made, what she felt were some good points. It seemed to her that the Legislators
had their minds made up already. She pointed out that they now have the new minimum wage increase to deal
with that leads to an increase in other taxes such as unemployment. She said that if the Legislature feels this tax
is absolutely necessary, knowing ahead of time would have helped them budget accordingly. She added that the
Legislature has had permission from the State Legislature to increase the room tax for a year or more. Last
week, it was told to them that the Legislature would not vote because a full board was not present. She hopes
that Legislator Slusser has been contacted and informed. They have come in good faith and feel they have good
reasons for opposing the increase in room tax. She also received more signatures on petitions. She managed to
get 474 new names over the weekend. There are now over 1,000 people who have signed in opposition to this
increase.
         Angie Franzese stated that there is not a big show of owners today because of the early meeting time.
She said that they are just trying to express that they do not feel increase the room tax would help tourism, and
would not keep them as competitive with others.
         Judy Lampman commented on Legislator Bleiler’s interested in forming a task force. She noted that
some of them have degrees in hotel management and other college education. She said they would be more
than happy to work with the Legislature on how to promote the county. She feels they all need to be on the
same page, the Chamber, the Legislature and the Lodging Association, however it will take time to put a task
force together. She asked that the Legislature please reconsider, she feels more tax does not bring in more
business.
         Paul Marcellus from the Colonial Motel said he would like to make the point that this industry is unique.
The County has no big motel chains, it’s all family-owned businesses. Their business season is from Memorial
Day to October 15th at best. He feels it is important not to do this because it affects them all. He also pointed
out that 90% of his proceeds come across as credit card purchases. That means an additional $170 out of his
pocket goes towards that fee. He commented on The Star Gazette article that quoted Legislator Slusser saying
that the County’s debt is down to the lowest it has ever been. He asked why punish the most stable industry in
the county. He feels it is a poor fiscal decision and asked that the Legislature please vote it down today or table
it.
         John Vansoest from The Fountainebleau Inn, feels the Legislature needs to better understand the lodging
business. They are the hospitality experts in this county. He does not believe there are any lodging businesses
in support of this tax. He asked the Legislature to please defeat this tax.
         Greg Bitler from Chiefton Hotel asked that the Legislature please table the issue at this point in time and
vote for a task force. He would like to see the owners, Legislature and Chamber work together and try to come
up with another solution first. He asked the Legislature to please vote it down today.
         Angie Franzese feels it is a sad day in the community when over 1,000 people can say no to something
and the Legislature might do it anyway. If the Chamber continues to promote out of county businesses, she
feels it will hurt them.
         Michelle Smith said she believes this tax will chase tourists to surrounding areas that have no room tax.
Tourists will just come here for day trips, then small lodging owners will go out of business. She hopes the
Legislature votes this tax down.
         Sarah Valent from the Anchor Inn said she believes this room tax is bad. The Legislators know about
their budget and the lodgers know, by running their businesses, how this tax will hurt and not help. She had a
lot of business towards the end of the year when they lower the rate to get them. When she explains the taxes
194                                 SCHUYLER COUNTY LEGISLATURE
attached to the room rate, the customers say no way. There will be more of that. She feels they all need to
work together and make the right decision.
        Barry Strickland from the Madison Guest House looks at this like a sales meeting. The Legislature is
trying to sell Schuyler County and the lodgers are the salesmen. When he get a call to rent a room, he gives
them a price plus tax and they do not call back. It is getting tougher to sell this industry.
        Gloria Brubaker and Judy Lampman spoke about the uniqueness of Schuyler County in comparison to
other counties.
        The Acting Chair declared a recess for legal counsel in the jury room at 10:00 a.m. The meeting
resumed at 10:20 a.m.
        The Acting Chair asked for nominations from the floor for Chairman of the Legislature for the year
2005.
        MOTION by Legislator Karius to nominate Legislator Slusser, who worked hard as Budget Officer and
Chairman of Management and Finance, as Chairman of the Legislature, SECOND by Legislator Fagan.
Legislator Bleiler said he would rather vote for someone with experience. Legislator Yuhasz agrees that
Legislator Gifford has the experience. Legislator Karius feels a new Chairman with a new fresh look is what
they need. Legislator Slusser works well with them and department heads and change is good.
        MOTION by Legislator Yuhasz to nominate Legislator Gifford as Chairman of the Legislature,
SECOND by Legislator Bleiler.
RESOLUTION NO. 1 Motion by Bingell, Second by Fagan.
RE: CLOSE NOMINATIONS - 2005 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE
        BE IT RESOLVED, that the nominations for the 2005 Chairperson of the Schuyler County Legislature
be closed.
VOTE: Passed 7-0.
RESOLUTION NO. 2 Motion by Karius, Second by Fagan.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2005 - FAILED
        BE IT RESOLVED, that Daryl L. Slusser be Chairperson of the Schuyler County Legislature for the
year 2005.
VOTE: Failed. 3-4. Noes: Bleiler, Bingell, Yuhasz, Gifford.
RESOLUTION NO. 3 Motion by Bingell, Second by Yuhasz.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2005
        BE IT RESOLVED, that Thomas M. Gifford be Chairperson of the Schuyler County Legislature for the
year 2005.
VOTE: Passed 6-1. No: Karius.
RESOLUTION NO. 4 Motion by Yuhasz, Second by Bingell.
RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 2005
        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 2005, as
follows:
        Chairman                      Thomas M. Gifford
        #1 Vice-Chairman              Doris L. Karius
        #2 Vice-Chairman              Delmar F. Bleiler
        #3 Vice-Chairman              Glenn R. Larison
        #4 Vice-Chairman              Sharon S. Bingell
        #5 Vice-Chairman              Michael A. Yuhasz
        #6 Vice-Chairman              Daryl L. Slusser
        #7 Vice-Chairman              Dennis A. Fagan
VOTE: Passed 7-0.
RESOLUTION NO. 5 Motion by Yuhasz, Second by Bingell.
RE: DESIGNATION OF LEGAL COUNTY NEWSPAPER
        BE IT RESOLVED, that The Watkins Review & Express weekly newspaper within Schuyler County, be
designated as the legal County paper to publish resolutions, election notices, official canvass and other notices.
                                    PROCEEDINGS OF THE YEAR 2005                                           193
VOTE: Passed 7-0.
RESOLUTION NO. 6 Motion by Yuhasz, Second by Bingell.
RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS
       BE IT RESOLVED, that the Depositories for Schuyler County funds be the following banks and for the
following amounts:
       HSBC
       Watkins Glen Office
       Franklin at Eight Street
       Watkins Glen, NY 14891                        $8,000,000.00
       CHEMUNG CANAL TRUST COMPANY
       Montour Falls or Watkins Glen Office
       303 W. Main Street
       Montour Falls, NY 14865                       $8,000,000.00
       TOMPKINS COUNTY TRUST COMPANY
       Main Street
       Odessa, NY 14869                              $8,000,000.00
       CHASE MANHATTAN
       1975 Lake Street
       Elmira, NY 14901                              $8,000,000.00
       COMMUNITY BANK, N.A.
       Watkins Glen Office
       401 N. Franklin Street
       Watkins Glen, NY 14891                        $8,000,000.00
VOTE: Passed 7-0.
RESOLUTION NO. 7 Motion by Bingell, Second by Fagan.
RE: CONFORM TO "RULES OF PROCEDURE"
       BE IT RESOLVED, that the "Rules of Procedure", as adopted on January 13, 1992 to be effective
January 13, 1992, and as last revised October 12, 1999, be conformed to.
VOTE: Passed 7-0.
RESOLUTION NO. 8 Motion by Bingell, Second by Fagan.
RE: APPOINTMENT - CHIEF VOTING MACHINE CUSTODIAN
       BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by the Elections
Commissioners of David A. Stamp as the County's Chief Voting Machine Custodian for the year 2005.
VOTE: Passed 7-0.
RESOLUTION NO. 9 Motion by Bingell, Second by Fagan.
RE: APPOINTMENT - CHIEF CORONER FOR 2005
       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 2005, at an
additional stipend of $2,500 for administrative duties to be paid quarterly at the rate of $625.00 per quarter.
VOTE: Passed 7-0.
RESOLUTION NO. 10 Motion by Bleiler, Second by Bingell.
RE: APPOINTMENT – COUNTY HISTORIAN
       BE IT RESOLVED, that Barbara Bell be appointed as County Historian for the year 2005.
VOTE: Passed 7-0.
RESOLUTION NO. 11 Motion by Bleiler, Second by Bingell.
RE: SCHEDULE OF SALARIES FOR 2005
       BE IT RESOLVED, that the Schedule of Salaries for 2005, as attached hereto, be adopted, effective
January 1, 2005, and
       BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County
employees according to the 2005 Salary Schedule.
VOTE: Passed 7-0.
194                                    SCHUYLER COUNTY LEGISLATURE
WITHDRAWN
RE: APPOINTMENT - BUDGET OFFICER FOR 2005 - WITHDRAWN
        BE IT RESOLVED, that                             be appointed Budget Officer for the year 2005 at a salary
of $ .
RESOLUTION NO. 12 Motion by Bleiler, Second by Bingell.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY – BOARD OF ELECTIONS
        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 at an annual salary of $24,000 and Joseph Fazzary, Commissioner, Board of Elections of Bonnie
Herzig as Deputy Commissioner, Board of Elections, effective January 1, 2005 through December 31, 2006 for
31.5 hours per week at an annual salary of $24,000.
VOTE: Passed 7-0.
DISCUSSION: Legislator Bingell said she will not offer any amendments to the Room Tax Local Law. She
would like to see it tabled until they have all eight legislators present.
        Legislator Yuhasz argued that they all picked this date for a vote.
        Legislator Bleiler said he has a lot of things written down he would like to say to the public. He is not
opposed to tabling it, but would still like to speak. He thanked the lodging industry. He has enjoyed the
discussions that have occurred, one was an hour and a half long on the phone. He also said that if you know
him, a year ago he had tried to explain they have a property tax problem. He realizes the additional 2% causes
the owners a problem. He prefers any tax other than property tax. It no longer works especially in New York
State. He has always felt the room tax is fairer than property tax. In listening to all of the lodgers, it has
convinced him that number one, it is not fair that they are the only collectors to benefit the whole county. Even
though there is another option, right now he believes this is the only open option. Number two, it is twice unfair
that we consider the fact that credit cards are used to pay for the rooms and the owner pays a fee. Number
three, he is convinced that the lodging industry needs to be more involved with the Tourist Promotion Agency
(TPA) funds. In his opinion they need to be more involved, if for no other reason than to promote or offset the
impact. The development of a task force has been suggested. Time constraints are in order. Whether we pass
the increase or not, he feels the idea of a task force still needs to happen. He started to talk in May of last year
about property tax versus room tax. He waited and all legislators agreed to reduce the TPA funds rather than
increase property tax. All legislators had an equal opportunity and no legislator moved to re-establish the
Chamber’s funds. He feels they better start doing studies now to figure out how Schuyler County can remain a
lodging industry. Effective marketing is a good idea and more needs to be done. From the years 2000-2003 the
amount of money that came back from advertising increased 46%. He believes advertising pays off. The
Legislature needs to continue to support our TPA. Some of you questioned the data and it not focusing on
Schuyler County. The numbers are blended in with us. He asked Jim Berg if they could separate out Schuyler
County data and the answer was yes. The researchers can do this, but it costs money. He was told that the
additional $70,000 that would come from this increase would make that up and help do that research and help
advertising. If we pass this tax increase, it would help our TPA. They expect $140,000 to be generated with
this room tax increase. He believes 90% would be a conservative estimate of the number of people who use a
credit card to pay for their bill. That means $126,000 is going on credit cards. The service fee of 4% is $5,040.
If we say that 90% use credit cards and we increase room tax, then $5,040 will have to come out of the owners
to help support this tax. That would be $144 on average for an owner. We should not take money from owners
to support this tax. If this passes or if we go into further discussions in the future, he will put a resolution on to
compensate the owners for this fee. He needs to make sure they are allowed to and that it is legal. If he votes
no, there will be happy taxpayers and angry legislators. If he votes yes and creates a task force, it might go over
better. The answer for voting yes is that there are 19,000 people in our county and he took an oath to do the
best for the county. He took an oath to do something about property tax. He feels this increase is a good idea.
It can be good for the county and all involved. We need to work to protect the adverse affects. A task force is a
step in the right direction. He feels the tourism industry has a lot of room for growth. He also believes if the
county picks up the credit card fee issue, it will be returned by direct sales tax benefits. His heart and gut tells
him it is a good thing. If it is tabled, we all keep our opinions.
                                       PROCEEDINGS OF THE YEAR 2005                                         193
         Legislator Fagan said he is opposed to tabling the resolution, he would like to hear amendments come to
floor.
        Legislator Slusser said he agrees with Legislator Bleiler that they need to take care of the cost to the
owners. He is not sure how to do that legally. He would disagree with some of his figures. If this passes he
agrees with it.
        Legislator Karius said the 2005 budget has been adopted. There is $100,000 in the budget for a County
Administrator, secretary and advertising. She feels they should wait and have more discussion with an
administrator on board.
RESOLUTION NO. 13A Motion by Bingell, Second by Karius.
RE: MOTION TO TABLE RESOLUTION NO. 13 – FAILED
        BE IT RESOLVED, that Resolution No. 13 be tabled.
VOTE: Failed 3-4. Noes: Slusser, Fagan, Yuhasz, Gifford.
RESOLUTION NO. 13B Motion by Fagan, Second by Yuhasz.
RE: MOTION TO AMEND RESOLUTION NO. 13
        BE IT RESOLVED, that Resolution No. 13 be amended to change the increase from 2% to 1% over the
existing 2% Room Tax.
DISCUSSION: Legislator Fagan motioned to make the effective date June 1, 2005, make it a 3% total tax
instead of 4% and allow for a 3% fee to be retained by the lodging industry to take care of credit card fees.
Legislator Bleiler said he is not well enough informed with all of these modifications. There are too many
modifications. Chairman Gifford said an amendment requires re-introduction of the amended local law and
another public hearing. Legislator Fagan said that is fine, it would give them time to discuss it in the meantime.
Legislator Bleiler feels they need to discuss these points before re-advertising. He is not willing to do that
today. Legislator Fagan asked him when he would be ready and Legislator Bleiler said at the next Regular
Meeting. Legislator Fagan said he will not be present because of hip surgery. Legislator Fagan amended his
motion to only be a 3% total tax and to take out the rest of his modifications. Legislator Yuhasz feels that is a
compromise he could support. That would help make up for the Chamber’s $30,000 loss. Legislator Bleiler
said he will support the motion. The law was written that they could increase it to no more than 4%, that allows
us to increase it to 3% or 4%, but no more.
VOTE: Passed 5-2. Noes: Karius, Bingell.
RESOLUTION NO. 13C Motion by Fagan, Second by Slusser.
RE: MOTION TO AMEND RESOLUTION NO. 13 – FAILED
        BE IT RESOLVED, that Resolution No. 13 be amended to change the effective date from March 1,
2005 to June 1, 2005.
VOTE: Failed. 4-3. Noes: Karius, Bleiler, Bingell.
RESOLUTION NO. 13D Motion by Bleiler, Second by Karius.
RE: MOTION TO TABLE RESOLUTION NO. 13 – FAILED
        BE IT RESOLVED, that Resolution No. 13 be tabled.
VOTE: Failed 3-4. Noes: Slusser, Fagan, Yuhasz, Gifford.
RESOLUTION NO. 13E Motion by Slusser, Second by Fagan.
RE: MOTION TO AMEND RESOLUTION NO. 13 – FAILED
        BE IT RESOLVED, that Resolution No. 13 be amended to create a collector’s fee to be taken from the
3% increase to reimburse owners.
VOTE: Failed. 4-3. Noes: Karius, Bleiler, Bingell.
RESOLUTION NO. 13F Motion by Bleiler, Second by Bingell.
RE: MOTION TO TABLE RESOLUTION NO. 13 – FAILED
        BE IT RESOLVED, that Resolution No. 13 be tabled.
VOTE: Failed 3-4. Noes: Slusser, Fagan, Yuhasz, Gifford.
Motion by Legislator Bingell to amend the resolution to not take effect until September 1st, 2005, no Second.
RESOLUTION NO. 13 Motion by Bleiler, Second by Fagan.
194                                   SCHUYLER COUNTY LEGISLATURE
RE:     LOCAL LAW INTRO. NO. 5 OF THE YEAR 2004/LOCAL LAW NO. OF THE YEAR 2005
        AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 3% -
        AS AMENDED – RESCINDED BY RESOLUTION NO. 81-05
        WHEREAS, a proposed Local Law amending Local Law No. 2 of 1988 to increase the Room Tax from
2% to 3% was heretofore introduced and appropriate notice established in the official newspaper regarding a
public hearing to be held December 28, 2004 at 3:00 p.m., and
        WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this
Legislature has duly considered the adoption and passage of said Local Law.
        NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5 of the Year 2004/Local Law No.
          of the Year 2005, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
        BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the
passage, enactment and adoption of Local Law Intro. No. 5 of the Year 2004/Local Law No.                of the Year
2005, together with the required text thereof in the official county newspaper.
                              LOCAL LAW INTRO. NO. 5 OF THE YEAR 2004/
                                  LOCAL LAW NO.              OF THE YEAR 2005
        Local Law No. 2 of the year 1988 is hereby amended as follows:
        2. IMPOSITION OF TAX
        On and after the first day of March 1, 2005 there is hereby imposed and shall be paid a tax of three (3%)
upon the rent for every occupancy of a room or rooms in a hotel, motel, bed and breakfast or tourist facility
having one or more rooms in this County except that the tax shall not be imposed upon (1) permanent resident,
or (2) exempt organizations as hereinafter set forth.
        All provisions of Local Law No. 2 of the year 1988 not amended hereby shall remain in full force and
effect.
        This Local Law shall take effect upon filing in the office of the Secretary of State as provided by the
Municipal Home Rule Law.
VOTE: Passed 5-2. Noes: Karius, Bingell.
PUBLIC PARTICIPATION:
        Angie Franzese feels that the most effective use of dollars was to vote down this local law and do some
research. The message she is getting is that the Legislature wants to pass it so badly, they are willing to
compromise. She is glad it did not pass today, but now they still need to fight. She came here saying we do not
want anymore taxes.
        Legislator Slusser said if this is true, then get your heads together and come to us with an alternative for
us to consider.
        Greg Bitler asked for more time or a time line.
        Paul Marcellus said the alternative is that money spent on a TPA is money well spent. Doing everything
for overnight stays will create more sales for them and the county. Assessing an additional tax is
counterproductive. Additional sales taxes can be used to their advantage. Additional tax says Schuyler County
is not user friendly. Taking money from the TPA is hurting us also. You should leave money for the TPA in
the budget. In doing so, it would not place a burden on them.
        Judy Lampman said they have done as much as they could do in a short period of time. They quickly
put together a web site. Their association is a year old this January. They need the time to do research. It took
ten months to create the organization and create by-laws.
        Greg Bitler said he agrees with Judy Lampman and suggested holding off on this tax to give them more
time. That would show a commitment on the Legislature’s part. After the Legislature considered increasing
this tax last year, they decided to create the Lodging Association as a sign of their dedication to Schuyler
County.
        Judy Lampman stated that the Association had an open house last spring that they advertised and wanted
all of the Legislators to attend and none came. She noted that last year the Association gathered together to
clean main street in the village.
        Jim Berg said, as President of the Chamber, this is disconcerning to him. In the Chambers ranks, they
have divided opinions on the board. The only thing to say is that the TPA functions with members of the
                                       PROCEEDINGS OF THE YEAR 2005                                            193
Schuyler County Lodging Association and other tourist groups. They make the recommendations. Should the
Legislature decide to create a task force, they could gather these two groups together and discuss this issue.
       Michelle Smith said they are not just here for themselves, they are here for the whole community. She
has been hearing a lot of questions that should be answered before a decision is made.
       The Meeting adjourned at 11:30 a.m.
               Gail M. Hughey, Clerk
               Stacy B. Husted, Deputy Clerk

                                            REGULAR MEETING
                                             JANUARY 10, 2005

        The January 10, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment
of Silence. All Legislators were present, except Legislator Fagan who was excused. County Attorney Coleman
was also present.
PUBLIC PARTICIPATION: None.
6:30 P.M. – ACKNOWLEDGE WENDY WOLCOTT’S STATE RECOGNITION FOR THE
OMBUDSMAN PROGRAM AT THE OFFICE FOR THE AGING:
        Legislator Bleiler explained that last year at the ombudsman program training, one of our county
employees was recognized for exceptional work in helping seniors. Just last week, the county received a letter
from the State Office for the Aging congratulating us and acknowledging the employee and Director. He is
pleased to introduce the Office for the Aging Director, Robert Dunphy, to introduce Wendy Wolcott. Bob said,
on behalf of his office, he expressed thanks for all of the support given. He also thanked the Legislature for
recognizing Wendy. Frequently recognitions like this get overlooked. Wendy left the Probation Department to
come work for him. She dove into the responsibilities as program coordinator. Then he made her the
Ombudsman Coordinator and she needed to become certified. Within a month, she completed 36 hours of
training. Once trained, there were serious problems with the program she had to tackle. It became very
demanding right after her training was complete. She did an excellent job. A State employee, Barbara Decker,
specifically acknowledged Wendy on the great job she was doing within just a few months of training. She
received a Long Term Care proclamation from the Governor along with others. Wendy thanked the Legislature
for acknowledging her tonight. She passed along the proclamations signed by the Governor that she is pleased
to hang in the office. She spoke highly of the ombudsman program and hopes it continues to be beneficial.
They will be recruiting volunteers continually. She would not have been able to do this without support from
Bob and the office staff and many county employees.
WITHDRAWN
RE: APPROVE MINUTES OF THE DECEMBER 28, 2004 YEAR END MEETING AND THE JANUARY
        3, 2005 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE -
        WITHDRAWN
        BE IT RESOLVED, that minutes of the December 28, 2004 Year End Meeting and the January 3, 2005
Organizational Meeting of the Schuyler County Legislature be approved.
RESOLUTION NO. 14 Motion by Larison, Second by Bingell.
RE: AUTHORIZE OUT OF STATE TRAVEL – PUBLIC HEALTH
        WHEREAS, as part of the New York State Association of County Health Officials (NYSACHO)’s 2004
- 2005 Immunization Action Plan (IAP) grant, the New York State Department of Health has allocated funding
for NYSACHO to sponsor one person from each consortia county to attend the National Immunization
Conference, which will be held in Washington, DC from March 21 through March 24, 2005, and
        WHEREAS, it is desirable for a nurse in our agency to attend the conference, and out of state travel
requires legislative approval,
        NOW, THEREFORE, BE IT RESOLVED, that a Registered Nurse from the Public Health Department
be authorized to travel out of state to attend the aforementioned conference. There will be no additional cost to
the County.
194                                   SCHUYLER COUNTY LEGISLATURE
VOTE: Passed 7-0.
RESOLUTION NO. 15 Motion by Larison, Second by Bingell.
RE:      AMEND 2004–05 BIOTERRORISM GRANT BUDGET – PUBLIC HEALTH
        WHEREAS, Resolution No. 373-04 established the budget for the 2004-05 Bioterrorism grant, and
        WHEREAS, planned expenditures of the grant monies have changed, and these changes necessitate
amendments to the original budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorize the County Treasurer to amend
the 2005 Public Health budget, as follows:
        Change                 New Amount                    Account No./Description
        +$ 3,842               $     3,842                   4010.100-4029 Personnel
        +$ 1,329               $     1,329                   4010.489-4029 Fringe Ben
        - $23,195              $ 26,805                      4010.200-4029 Equipment
        +$18,024               $ 45,024                      4010.400-4029 Contractual
                               $ 77,000
VOTE: Passed 7-0.
RESOLUTION NO. 16 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY EMERGENCY MANAGEMENT
        OFFICE – PUBLIC HEALTH
        WHEREAS, bioterrorism planning continues to be required by the NYS Department of Health, and
        WHEREAS, the Schuyler County Emergency Management Office is able to provide services as required
as part of the bioterrorism plan, in conjunction with Department of Health requirements.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with the Schuyler County Emergency Management Office, effective January 1, 2005
through August 30, 2005, in an amount not to exceed $7,000, funds available in the Public Health Bioterrorism
Grant budget, account no. 4010.400-4029, with no local share cost, subject to approval by the Schuyler County
Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 17 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH CORNELL COOPERATIVE EXTENSION – PUBLIC HEALTH
        WHEREAS, bioterrorism planning continues to be required by the NYS Department of Health, and
        WHEREAS, Cornell Cooperative Extension is able to provide services relating to animal surveillance
and epidemiology as part of the bioterrorism preparedness plan.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with Cornell Cooperative Extension, effective January 1, 2005 through August 30, 2005
at an amount not to exceed $1,500, funds available in the Public Health Bioterrorism grant budget, account no.
4010.400-4029, at no local share cost, subject to approval by the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 18 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT RENEWAL WITH KELLY FITCH, RN, FOR NURSING SERVICES
        FOR 2005 – PUBLIC HEALTH
        WHEREAS, Kelly Fitch, RN has served the Public Health Department for several years and has
extensive knowledge of the Home Health operations, and
        WHEREAS, the Public Health Department requires nursing assistance from time to time, and
        WHEREAS, funds are available in the 2005 Public Health budget, account no. 4010.490 to contract for
part-time nursing services.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
renew the contract with Kelly Fitch, RN, for the provision of part-time nursing services for the period January
1, 2005 through December 31, 2005, at the hourly rate of $19.50, not to exceed $15,000 for the period of the
agreement, such amount provided for in the 2005 Public Health budget, account no. 4010.490, subject to
approval by the Schuyler County Attorney.
VOTE: Passed 7-0.
                                      PROCEEDINGS OF THE YEAR 2005                                              193
RESOLUTION NO. 19 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT RENEWAL WITH MILLER ASSOCIATES FOR THERAPY SERVICES
        – PUBLIC HEALTH
        WHEREAS, Miller Associates has, in the past, provided therapy services for the Schuyler County Home
Health Agency on an as needed basis, and
        WHEREAS, the Schuyler County Home Health Agency wishes to make Miller Associates the primary
contractor for therapy services, and an increase in the hourly rate is needed to reflect the enhanced services to be
provided as the primary contractor.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract renewal with Miller Associates to provide therapy services, including physical therapy,
occupational therapy, and speech therapy, to include changes in rates as indicated, funding available in the 2005
Public Health budget, account no. 4010.490, subject to the approval of the County Attorney.
Home Health Therapy rates:
        Physical Therapy              $56.00 per hour                  Increase of $6.00/hr.
        Occupational Therapy          $48.00 per hour                  Increase of $2.00/hr.
        Speech Therapy                $48.00 per hour                  Increase of $2.00/hr.
VOTE: Passed 7-0.
RESOLUTION NO. 20 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER HOSPITAL FOR THERAPY SERVICES
        – PUBLIC HEALTH
        WHEREAS, Schuyler Hospital continues to provide therapy services for the Schuyler County Home
Health Agency, and
        WHEREAS, provision of these services is beneficial for the rehabilitation of Schuyler County residents
receiving home health care.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract renewal with Schuyler Hospital to provide therapy services including physical therapy,
occupational therapy, and speech therapy, with no change in the hourly rates, funding available in the 2005
Public Health budget, account no. 4010.490, subject to the approval of the County Attorney.
Home Health Therapy rates:
        Physical Therapy                      $48.00 per hour                 No change
        Occupational Therapy                  $48.00 per hour                 No change
        Speech Therapy                        $48.00 per hour                 No change
Additional therapy services:
        Parrafin Bath                         $79.90 per treatment
        Small Whirlpool                       $79.90 per treatment
        Contrast baths                        $48.85/15 minutes
        Prosthetic Training                   $52.15/15 minutes
        Splint Fabrication                    $52.15/15 minutes
        Removal of Devitalized Tissue         $104.95/15 minutes
        Therapeutic Exercises
        Requiring equipment                   $63.15/15 minutes
VOTE: Passed 7-0.
RESOLUTION NO. 21 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT RENEWAL WITH STAFKINGS FOR HOME HEALTH SERVICES –
        PUBLIC HEALTH
        WHEREAS, the Schuyler County Home Health Agency contracts with Stafkings to provide home health
services, and
        WHEREAS, Stafkings has agreed to continue providing home health services with no increase in rates
for 2005, and
        WHEREAS, Stafkings wishes to enter in to a lease agreement for County vehicles in order to make them
available for use by the nurses providing home care services.
194                                  SCHUYLER COUNTY LEGISLATURE
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract renewal with Stafkings to provide home health services, at the wage rates indicated, and
addressing on-call, overtime, holiday pay, transportation costs, cell phone/pager costs and vehicle leasing, for
the period January 1, 2005 through December 31, 2005, funding available in the 2005 Public Health budget,
account no. 4010.490, subject to the approval of the County Attorney.
Home Care Nursing rates:
        Home Health Aide              $15.50 per hour
        Personal Care Aide            $15.50 per hour
        Homemaker                     $15.50 per hour
        Licensed Practical Nurse      $21.25 per hour
        Registered Nurse              $26.01/hr. to $31.16/hr.
        Overtime – RN                 $34.56/hr. to $39.36/hr.
        On Call – RN                  $1.92/hr.
        On Call – RN holiday only $2.88/hr.
        Mileage                       $.375 per mile
        Cell phones/pagers            reimburse actual cost
VOTE: Passed 7-0.
RESOLUTION NO. 22 Motion by Yuhasz, Second by Bingell.
RE: RENEW AGREEMENT WITH STAFCARE FOR HOME HEALTH SERVICES – PUBLIC HEALTH
        WHEREAS, the Schuyler County Home Health Agency contracts with Stafcare (Americare) to provide
home health services, and
        WHEREAS, Stafcare has agreed to continue providing home health services with no increase in rates for
2005.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract renewal with Stafcare to provide home health services, at the wage rates indicated, and
addressing on-call, overtime, holiday pay, transportation costs, and cell phone/pager costs, for the period
January 1, 2005 through December 31, 2005, funding available in the 2005 Public Health budget, account no.
4010.490, subject to the approval of the County Attorney.
Home Care Nursing rates:
        Home Health Aide              $13.50 per hour
        Personal Care Aide            $12.75 per hour
        Licensed Practical Nurse      $21.25 per hour
        Registered Nurse              $25.00/hr
        Registered Nurse – high tech $32.50/hr.
        Overtime/holiday– RN          $37.50
        On Call – RN                  $1.96/hr.
        Mileage                       $.23 per mile
        Cell phones/pagers            reimburse actual cost
VOTE: Passed 7-0.
RESOLUTION NO. 23 Motion by Bingell, Second by Larison.
RE: AUTHORIZE CONTRACT RENEWAL WITH FINGER LAKES PARENT NETWORK, INC. FOR
        2005 – MENTAL HEALTH
        WHEREAS, the Mental Health Department currently contracts with Finger Lakes Parent Network, Inc.
for family support services and for the provision of parent advocates, and
        WHEREAS, continuation of these services would be beneficial to the provision of mental health
services to the families of Schuyler County.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract renewal with Finger Lakes Parent Network, Inc. for the provision of family support services
and parent advocates, in an amount not to exceed $45,150, for the period January 1, 2005 through December 31,
2005 such amount provided for in the 2005 Mental Health budget, account no. 4310.435, subject to approval by
the Schuyler County Attorney.
                                      PROCEEDINGS OF THE YEAR 2005                                              193
VOTE: Passed 7-0.
RESOLUTION NO. 24 Motion by Bingell, Second by Larison.
RE: AUTHORIZATION TO CONTRACT WITH THE ARC OF SCHUYLER COUNTY FOR MEDICAL
        TRANSPORTATION SERVICES – SOCIAL SERVICES
        WHEREAS, the Department of Social Services (DSS) wishes to renew the contract with Arc for medical
transportation for the period January 1, 2005 through December 30, 2005, and
        WHEREAS, due to the increase in the use of medical transportation and increases in gasoline prices,
DSS has increased the medical transportation annual fee to $40,000 for the first 25,000 miles of semi-fixed
route services to be billed at a monthly rate of $3,333.33. Excess mileage will be charged at the rate of $1.03
per mile. The total for the semi-fixed route shall not exceed $45,000, and
        WHEREAS, the Demand Responsive portion of the transportation contract, (runs that cannot be
accommodated in the semi-fixed route schedule) will be increased to $1.60 per mile. The total of the semi-fixed
and demand responsive shall not exceed $65,000.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract for the Department of Social Services with the Schuyler Arc for medical transportation for
the term January 1, 2005 through December 31, 2005, funding available in the 2005 DSS budget account no.
6101.400; subject to approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 25 Motion by Bingell, Second by Larison.
RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS AND SURVEYORS FOR
        ARCHITECTUAL DRAWING FOR THE DISTIRICT ATTORNEY’S OFFICE – BUILDINGS AND
        GROUNDS
        WHEREAS, Resolution No. 291-03 authorized Hunt Engineers to examine the District Attorney’s
Office structure for structural loads and building code requirements, and
        WHEREAS, the building was found structurally sound, but has several building code issues to
overcome, and
        WHEREAS, Resolution No. 427-03 authorized Hunt Engineers to seek resolutions to the code issues
through the New York State Building Code Office, and
        WHEREAS, an agreement has been reached that sets the following guidelines in place.
        To achieve a level of life safety consistent with the intent of the code, the County will make the
following improvements:
        1.      Remove the existing carpeting in the stairs as it poses a trip hazard.
        2.      Paint the stairs and install a contrasting color abrasive nose to highlight the leading edge of each
                tread.
        3.      Install a continuous handrail on the wall side of the stair (right side descending).
        4.      Install a continuous handrail on top of the existing railing (left side descending). This railing
                will be located above the existing handrail, and, being higher, it will make people walk on the
                wider portion of the winders.
        5.      Provide additional lighting at the stairs.
        6.      Provide emergency lighting at the stairs.
        7.      Restore the second floor toilet room. A toilet room on the second floor will reduce the number
                of trips up and down the stairs.
        8.      Restrict use of second floor to employees of the District Attorney. Public will not use the stairs.
                A sign reading “SECOND FLOOR – EMPLOYEES ONLY” will be placed at the stairs.
        9.      Limit to six the number of employees on the second floor. A permanent sign will be located at
                the stairs reading “MAXIMUM NUMBER OF OCCUPANTS ON SECOND FLOOR: 6”
        10.     Install a full coverage fire & smoke detection system in the building.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign a contract with Hunt Engineers to provide drawings for the purpose of meeting Building Code Compliance
and Americans with Disabilities Act compliance at a cost not to exceed $5,000 to be funded from the Facilities
& Grounds Capital Reserve account, upon approval of the Schuyler County Attorney.
194                                   SCHUYLER COUNTY LEGISLATURE
VOTE: Passed 7-0.
RESOLUTION NO. 26 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE CONTRACT EXTENSION WITH DISSEN & JUHN CORPORATION FOR
        COMPLETION OF THE BREAKWATER REPAIR PROJECT – BUILDINGS AND GROUNDS
        WHEREAS, Resolution No. 327-04 authorized a contract with Dissen & Juhn Corporation to repair the
breakwater, and
        WHEREAS, the repairs to the breakwater have been completed except for the setting of the handrail
posts which cannot be cemented into place until warmer weather.
        NOW, THEREFORE, BE IT RESOLVED, that the contract deadline with Dissen & Juhn Corp. be
extended until May 31, 2005 to allow time to complete the hand rail in warmer weather, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign said
change order at no cost to the County upon approval of the County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 27 Motion by Bingell, Second by Bleiler.
RE: SET POLICY FOR FACILITIES AND GROUNDS CAPITAL RESERVE – AS AMENDED BY
        RESOLUTION NO. 342-05
        WHEREAS, Resolution No. 467-00 authorized the creation of a “Facilities and Grounds Reserve Fund”,
and
        WHEREAS, the fund has not been activated nor policies set to govern the funding and use of funds.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopt the
following Facilities Capital Plan to be implemented with 2004 fund balance:
                                                  Schuyler County
                                              Facilities Capital Plan
Goals/Purpose:
       Recognize that the facilities owned by Schuyler County are a major asset which regularly need
        improvement and upkeep to prevent their deterioration and maintain their value.
       Facility capital improvements often lead to improved operations and maintenance costs.
       A facilities capital improvement account with money set aside on a regular basis would minimize
        financial impact on the county budget and save interest and fees associated with borrowing.
       To forecast capital improvements as accurate as possible using industry standards, historical
        background, and present conditions.
       Facility capital planning will provide a time period to search for any applicable grants that could be used
        in conjunction with the capital fund.
Responsibility:
        The Building Maintenance Supervisor will develop a list of projects to accomplish the facilities capital
plan goals. These shall be prioritized and set to a timeline. Estimated costs for each project shall be provided
as each project nears the projected date scheduled. The project list will be reviewed and updated on an annual
basis to coincide with the County budget process.
Budget:
        The County of Schuyler shall set a cap on the facilities capital budget of $1,000,000. Annual funding of
this account shall be by the Treasurer transferring $200,000 fund balance to the reserve account.
Implementation:
       Annual review of budget and project list will be conducted by the County Administrator and the Public
        Works Committee.
       The County Administrator and Building Maintenance Supervisor will make recommendations to the
        Public Works Committee as to which projects shall proceed. Availability of grant money may influence
        priorities.
       Upon Public Works Committee approval, standard Legislature procedures will be followed.
VOTE: Passed 7-0.
RESOLUTION NO. 28 Motion by Bingell, Second by Bleiler.
                                      PROCEEDINGS OF THE YEAR 2005                                            193
RE: AUTHORIZE ADDITIONAL FUNDING FOR THE FACILITIES AND GROUNDS CAPITAL
        RESERVE ACCOUNT FOR 2005 – BUILDINGS AND GROUNDS
        WHEREAS, there are several capital projects slated to be done in the year 2005, and
        WHEREAS, the Facilities and Grounds Capital account funding and implementation policies have been
adopted, and
        WHEREAS, said policy directs the Treasurer to place $200,000 from fund balance annually into the
Facilities and Grounds Capital Reserve, and
        WHEREAS, the slated capital projects for 2005 exceeds the annual funding for this fiscal year.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer an additional amount of $207,000 from fund balance to the Facilities and Grounds Capital Reserve.
VOTE: Passed 7-0.
RESOLUTION NO. 29 Motion by Larison, Second by Bingell.
RE: SET POLICY FOR VOICE AND DATA COMMUNICATIONS EQUIPMENT CAPITAL RESERVE
        WHEREAS, Resolution 464-00 authorized the creation of “Voice and Data Communications Equipment
Reserve Fund”, and
        WHEREAS, the fund has not been activated nor policies set to govern the funding and use of funds.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the
following Voice and Data Communications Equipment Capital Plan to be implemented with 2004 fund balance.
                               Schuyler County Voice and Data Communications
                                            Equipment Capital Plan
Goals/Purpose:
       Recognize that the Voice and Data Equipment owned by Schuyler County is a major asset, which
        regularly needs improvement and updating to keep pace with the ever-changing technology.
       Voice and Data Equipment improvements often lead to improved operations and maintenance costs.
       A Voice and Data Equipment account with money set aside on a regular basis would minimize financial
        impact on the county budget and save interest and fees associated with borrowing.
       To forecast equipment needs as accurate as possible using industry standards, historical background, and
        present conditions.
       Planning will provide a time period to search for any applicable grants that could be used in conjunction
        with the capital fund.
Responsibility:
        The County employee and/or Contract person in charge of Voice and Data Communications will
develop a list of projects or equipment to keep the Voice and Data networks current and in good operating
condition. These shall be prioritized and set to a timeline. Estimated costs for each project shall be provided as
each project nears the projected date scheduled. The project list will be reviewed and updated on an annual
basis to coincide with the County budget process.
Budget:
        The County of Schuyler shall set a cap on the Voice and Data Communications Equipment budget of
$500,000. Annual funding of this account shall be by the Treasurer transferring any unused budget funding
and/or revenues that exceed the budget in accounts 1610 Central Services/Telephones and 1680 Information
Technology Services.
Implementation:
       Annual review of budget and project list will be conducted by the County Administrator and the
        appropriate Legislative Committee.
       The County Administrator and County employee and/or contract person will make recommendations to
        the appropriate Legislative Committee as to which projects to proceed. Availability of grant money may
        influence priorities.
       Upon the appropriate Legislative Committee’s approval, standard Legislature procedures will be
        followed.
VOTE: Passed 7-0.
194                                   SCHUYLER COUNTY LEGISLATURE
RESOLUTION NO. 30 Motion by Larison, Second by Bingell.
RE: AUTHORIZE BID PROCESS AND CONTRACT FOR REPLACEMENT OF COURT ROOM
        LIGHTS – BUILDINGS AND GROUNDS – AS AMENDED BY RESOLUTION NO. 56-05
        WHEREAS, the lighting in the Honorable William N. Ellison Court Room is old and provides
inadequate lighting, and
        WHEREAS, funding has been provided by the Office of Court Administration to replace said lighting.
        NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be hereby
authorized to advertise for bids to replace the Court Room lighting, and
        BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor be further authorized to
accept the lowest bid to meet time constraints, and that the Chairman of the Legislature be hereby authorized to
sign an agreement with said bidder in an amount not to exceed $39,000, subject to the approval of the Schuyler
County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 31 Motion by Larison, Second by Bingell.
RE: AUTHORIZE CONTRACT WITH BARTON & LOGUIDICE FOR ENGINEERING DESIGN FOR
        COUNTY ROUTE 5 FEDERAL AID BRIDGE REPLACEMENT PROJECT – HIGHWAY
        DEPARTMENT
        WHEREAS, the replacement of BIN 3332370; PIN 6753.48, CR 05 over Tug Hollow Creek is a
Federal-aid eligible project, and
        WHEREAS, there is money available in the 2005 budget account no. 5020.400 to pay for the
engineering.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign the necessary documents to retain Barton & Loguidice for engineering services for the replacement of CR
05 Bridge over Tug Hollow Creek, in the amount of $101,000 (local share cost of $5,050, State aid is $80,800
and Federal aid is $15,150), subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 32 Motion by Bingell, Second by Larison.
RE: AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR THE HIGHWAY DEPARTMENT
        FOR 2005
        WHEREAS, in accordance with Section 103 of General Municipal Law, all purchase contracts
involving an expenditure of more than $10,000 and all contracts for public works involving an expenditure of
more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the
manner provided by this section.
        NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be hereby
authorized to advertise for bids for materials and supplies for 2005 and/or participate with the State of New
York in its bids, and BE IT FURTHER RESOLVED, that, as in the past, the Towns and Villages of Schuyler
County so authorized by County Resolution be allowed to participate in said bids.
VOTE: Passed 7-0.
RESOLUTION NO. 33 Motion by Bingell, Second by Larison.
RE: AUTHORIZE FILLING VACANT FULL-TIME CORRECTION OFFICER POSITION – SHERIFF’S
        DEPARTMENT
        WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
        WHEREAS, Correction Officer William Ward is resigning from the Schuyler County Sheriff’s
Department, and it is necessary to fill this position as soon as possible.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill
this position effective immediately at an hourly rate of $13.74.               .
VOTE: Passed 7-0.
RESOLUTION NO. 34 Motion by Bingell, Second by Larison.
RE: AUTHORIZE FILLING THREE (3) VACANT PART-TIME CORRECTION OFFICER POSITIONS –
        SHERIFF’S DEPARTMENT
        WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
                                       PROCEEDINGS OF THE YEAR 2005                                          193
        WHEREAS, there are three (3) part-time correction officer positions vacant in the Schuyler County
Sheriff’s Department, and
        WHEREAS, it is financially prudent to fill part-time positions rather than have full-time officers
working overtime.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill
the three part-time correction officer positions effective immediately at an hourly rate of $10.99 non-certified
and $12.37 certified.
VOTE: Passed 7-0.
RESOLUTION NO. 35 Motion by Bingell, Second by Larison.
RE: DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE
        CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO
        EXCEED $1,000
        WHEREAS, the State of New York has, pursuant to Sections 554 and 556 of the Real Property Tax Law
(RPTL), authorized correction of errors and payment of tax refunds without prior audit for corrections for
refunds not exceeding $2,500, and
        WHEREAS, Schuyler County desires to delegate to the Real Property Tax Services Director (Director)
the authority as stated under said law.
        NOW, THEREFORE, BE IT RESOLVED, that there is hereby delegated to the Director the power to
authorize the Schuyler County Treasurer to make payment of any refund or credit of taxes not exceeding the
sum of $1,000 without prior audit, as provided in Sections 554(9) and 556(8) of the RPTL for the calendar year
of 2005, 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: Passed 7-0.
RESOLUTION NO. 36 Motion by Karius, Second by Yuhasz.
RE: APPOINTMENT – INTERIM BUDGET OFFICER FOR 2005
        BE IT RESOLVED, that Daryl L. Slusser be appointed Interim Budget Officer for the year 2005 until
such time a County Administrator is hired and in place.
VOTE: Passed 6-1. No: Larison.
RESOLUTION NO. 37 Motion by Karius, Second by Yuhasz.
RE: MOTION TO BRING FOUR (4) RESOLUTIONS TO THE FLOOR
        BE IT RESOLVED, that four (4) Resolutions be brought to the floor.
VOTE: Passed 7-0.
RESOLUTION NO. 38 Motion by Karius, Second by Yuhasz.
RE: RESOLUTION TO APPROVE APPLICATIONS FOR CORRECTED TAX ROLL – REAL
        PROPERTY TAX AGENCY
        WHEREAS, applications for correction of real property taxes have been made in accordance with
Section 554 of the Real Property Tax Law (RPTL) for parcels owned by various owners in the towns listed
below, and
        WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances
of the alleged errors and found that they constitute clerical errors as defined in RPTL Section 550(2)h, and
        WHEREAS, these errors caused incorrect entries for relevied school taxes on the January, 2005 County
Tax Roll, and
        WHEREAS, it is the recommendation of the Director to approve the applications.
        NOW, THEREFORE BE IT RESOLVED, that the applications are hereby approved, and
        BE IT FURTHER RESOLVED, that the tax rolls and warrants be adjusted to reflect the corrections
194                                   SCHUYLER COUNTY LEGISLATURE
listed below, and
        BE IT FURTHER RESOLVED, that corrected bills be issued in those amounts, and
        BE IT FURTHER RESOLVED, that copies of this resolution be sent to the tax collectors in the Towns
of Dix, Reading and Hector.
        Town           Parcel ID        Owner           School Relevy           Current Bill Corrected Bill
        Dix            65.17-2-41       Chicone         $ 1,045.00              $ 1,873.20   $ 828.20
        Dix            84.00-1-37       Hickey          $ 1,507.00              $ 2,919.14   $ 1,412.14
        Dix            65.13-3-56       McIntyre        $ 1,246.67              $ 2,247.87   $ 1,001.20
        Dix            65.09-3-11       Wilkins         $ 1,055.99              $ 1,904.06   $ 848.07
        Dix            65.54-1-32       Wright          $ 1,099.99              $ 1,983.39   $ 883.40
        Reading        64.12-1-39.2 Bartone             $ 2,400.17              $ 4,623.49   $ 2,223.32
        Hector         2.13-1-47        Fausold         $ 2,796.85              $ 6,580.72   $ 3,783.87
        Hector         22.00-1-19.11 Oakes              $ 2,845.99              $ 5,798.28   $ 2,952.29
        Hector         21.08-2-1        O’Herron        $ 1,354.30              $ 2,771.73   $ 1,417.43
        Hector         56.00-1-41       State of NY $ 3,709.61                  $ 5,240.14   $ 1,530.53
        Hector         56.00-1-42       State of NY $ 1,921.54                  $ 2,714.34   $ 792.80
DISCUSSION: Legislator Slusser asked for the reason for all the corrections. Tom Bloodgood explained that
these are all relevied school bills. When an owner does not pay their school tax, it goes on the county bill.
There were a couple of days in early September when people paid to a lock box and the school never credited
the payments. These exceed the $1,000 that he is authorized to correction on his own. He is concerned with
taxpayers checking their bills and making sure they are correct. There’s no other way to verify payment.
VOTE: Passed 7-0.
RESOLUTION NO. 39 Motion by Bingell, Second by Yuhasz.
RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF
        CATHARINE
        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 88.00-1-34./1, owned by Fortuna Energy in the
Town of Orange, and
        WHEREAS, the assessment on this parcel was based on an incorrect well report provided by the NYS
Department of Environmental Conservation, and
        WHEREAS, the well was not a functioning well in calendar year 2003, 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)g, and
        WHEREAS, it is the recommendation of the Director to approve the application.
        NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and
        BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due
of $0, and that the Treasurer is hereby directed to charge back $6,933.71 to the Town of Catharine, $18,209.27
to the Odessa-Montour Central School District, and $10,095.09 as Uncollected, and
        BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town
of Catharine.
VOTE: Passed 7-0.
RESOLUTION NO. 40 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE FILLING VACANT SENIOR DATA ENTRY OPERATOR POSITION IN SOCIAL
        SERVICES
        WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
        WHEREAS, the Department’s Senior Data Entry Operator position will become vacant January 10,
2005 due to the incumbent having been promoted to a Social Welfare Examiner position, and
        WHEREAS, this position is vital for the continued effective operation of the Department, and
        WHEREAS, this position is approximately 75% reimbursed by the federal and state governments, and
        WHEREAS, funding for this position has been included in the Department’s 2005 budget, account no.
6010.100-Personal Services.
                                        PROCEEDINGS OF THE YEAR 2005                                         193
         NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Social Services be authorized to
fill the vacant Senior Data Entry position effective January 11, 2005 at Grade XII at $12.80 an hour.
VOTE: Passed 7-0.
RESOLUTION NO. 41 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE CSEA ADMINISTRATIVE UNIT
         FOR CURRENT NURSING POSITIONS
         WHEREAS, Resolution No. 520-04 authorized a Memorandum of Agreement with the CSEA
Administrative Unit for Nursing Positions changing the starting pay rates, and
         WHEREAS, the County and Union are currently in impact negotiations on the
Reclassification/Reallocation study recommendation as set forth by the Personnel Officer, and
         WHEREAS, the County and Union agree that the currently employed nurses pay rate should be
addressed immediately due to the fact that new hires will now be earning more than nurses already on staff, and
         WHEREAS, the County and Union now wish to document the terms of their agreement.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a Memorandum of Agreement with the Administrative Unit CSEA to allow the current nursing
positions to be set at the pay rate as set forth below, effective January 1, 2005:
COMMUNITY SERVICES                               NEW SALARY
Jill Kasprzyk                                    $19.84/hour
PUBLIC HEALTH
Elisa Pevo Millspaugh                            $21.38/hour
Jennifer Mehta                                   $20.78/hour
Camelia Oswald                                   $22.40/hour
Barbara Besley                                   $19.84/hour
Christine Keough                                 $20.08/hour
VOTE: Passed 7-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES: None.
PUBLIC PARTICIPATION: None.
         The Meeting adjourned at 6:48 p.m.
                Stacy B. Husted, Deputy Clerk

                                            REGULAR MEETING
                                             FEBRUARY 14, 2005

        The February 14, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment
of Silence. All Legislators were present. County Attorney Coleman was also present.
PUBLIC PARTICIPATION:
        Paul Marcellus from the Colonial Motel said he is not sure where the room tax increase issue stands, but
would like to address some things tonight. He noted some of the cost of living increases everyone is faced with:
the cost of gasoline is up 12.25%, they are faced with a 2% assessment evaluation for the Business
Improvement District and with the minimum wage hikes. In his case it costs him something to be here right
now. He recalls Legislator Bleiler saying that he feels obligated to the other 18,000 taxpayers in the county.
His real property taxes are about $10,000 a year, and that is for seven-rooms and a home. His tax bill is at least
three times more than the average homeowners. He asked the Legislature why the are considering this when
they are in good shape financially. They have expressed, repeatedly, that their business will be hurt. He feels it
is proper to fund the Tourist Promotion Agency (TPA) like it has been done for decades. Every dollar spent
brings back $20. It is getting better all the time. He again questioned the additional tax burden and noted that
as a whole, small businesses are doing well and people are satisfied. Let’s not put another 2% out there.
194                                   SCHUYLER COUNTY LEGISLATURE
        Judy Lampman from the Seneca Clipper Inn thanked Legislator Bleiler for trying to do the credit card
tax credit and appreciated him trying to find peace in the valley. At the Community Development and Natural
Resources (CDNR) Committee meeting on January 21, 2005, Legislator Slusser said he keeps finding that the
Governor might help with the wine tax. Why is Legislator Slusser so surprised that they would raise the wine
tax and not surprised they are upset over the room tax. Legislator Bleiler was kind enough to look at the
Lodging Association web site. They have some unique lodging in this county. Their site shares information
about the county in general, the state park, hiking trail, Captain Bills, etc. They are the people who meet the
guests. Our web site has had 580,000 hits since last July, 2004. This site was at the expense of the Lodging
Association members who dug into their own pockets. Lastly, she asked Chairman Gifford for information on
how room tax has been spent over the last ten years. Chairman Gifford said that information is available
through the Chamber. She then asked the legislators if they do not have this report, how they could do this and
say that the existing room tax and advertising has increased the occupancy of our rooms.
        Angie Franzese from the Villager Motel asked the Legislators if they have asked the Chamber for this
report on room tax. The travel brochure that is out does not include businesses collecting room tax in this
county. She asked for a copy of the Chamber budget today and was told to come back when Jim Berg is there.
She asked if the Legislature has asked for this information and if they approve of the use of the TPA funds. The
small lodging businesses are really struggling. The Town House is again for sale, Tobey’s Bakery has closed.
The Business Improvement District (BID) for Watkins Glen is taxing small businesses again. She reminded the
Legislators of their voice of opposition at the public hearing.
        Chris Franzese said the Lodging Association made a presentation at the public hearing, had a number of
concerns and felt that members of this body would meet with the association and discuss issues. No member
has been elected by us to meet with legislators individually or by a group to discuss these issues. He asked that
the Legislature meet with officials of their association before they vote on the local law.
        Stewart Henry from the Golden Night Inn handed out a copy of the Chamber of Commerce brochure.
He noted there is no reference of all lodging associations in this brochure, even those who pay the fee to the
TPA. Chairman Gifford stated that the brochure is paid for by advertising funds only. He showed them the
directory paid for by the TPA and all businesses are listed. Mr. Henry clarified that the brochure referenced by
Chairman Gifford does not promote tourism, it goes to members and local businesses only. The one he handed
out with the incomplete list goes to tourists.
        Judy Lampman stated that at that January CDNR meeting, Kelsey Jones attended with Brian Williams.
They discussed unemployment rates and more businesses closing around us. She noted that some brochures in
her office produced by a company in Pittsburgh advertise wine tours for the day only. There are ten wineries in
Schuyler County. She is all for promoting the wineries, but overnight stays should be part of the package.
        Jim Franzese said connsidering the latest news of a new hotel coming April 1st, there will be a
tremendous amount of rooms in the county. He asked if anyone has looked at that as an increase in revenues.
RESOLUTION NO. 42 Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE DECEMBER 28, 2004 YEAR END MEETING OF THE SCHUYLER
        COUNTY LEGISLATURE
        BE IT RESOLVED, that minutes of the December 28, 2004 Year End Meeting of the Schuyler County
Legislature be approved.
VOTE: Passed 8-0.
RESOLUTION NO. 43 Motion by Larison, Second by Fagan.
RE: AUTHORIZE GRANT APPLICATIONS FOR STATE HOMELAND SECURITY PROGRAM –
        EMERGENCY MANAGEMENT –AND- LAW ENFORCEMENT TERRORISM PREVENTION
        PROGRAM – SHERIFF
        WHEREAS, the New York State Office of Homeland Security offered counties money for Homeland
Security Preparedness, and
        WHEREAS, the Emergency Management Office wishes to apply for funds under the State Homeland
Security Program in the amount of $20,000, and
        WHEREAS, the Sheriff wishes to apply for funds under the Law Enforcement Terrorism Prevention
Program in the amount of $10,000, and
                                       PROCEEDINGS OF THE YEAR 2005                                          193
        WHEREAS, these funds are 100% with no local match required.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all documents relative to the State Homeland Security Program and Law Enforcement Terrorism
Prevention Program Grants; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 44 Motion by Larison, Second by Fagan.
RE: AUTHORIZE APPLICATION FOR BYRNE NARCOTICS GRANT – SHERIFF’S DEPARTMENT
        WHEREAS, monies are available each year under the Byrne Anti-Drug Funds, and
        WHEREAS, $22,500 will be made available to Schuyler County with a 25% local match required.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and Schuyler County
Sheriff be hereby authorized to accept any approved Byrne Anti-Drug funds and sign any necessary documents
for said funds, estimated to be $22,500 with the 25% match money to be taken from funds currently budgeted
for anti-drug programs in the Sheriff 2005 budget; subject to approval by the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 45 Motion by Larison, Second by Fagan.
RE: AUTHORIZE FILLING VACANT A MEAL DELIVERER POSITION AND VACANT ON-CALL
        MEAL DELIVERER POSITION – OFFICE FOR THE AGING
        WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
        WHEREAS, the Schuyler County Office for the Aging as a vital part of its mission delivers on the
average over two thousand home delivered meals to residents of Schuyler County who are sixty years and older,
and
        WHEREAS, there are presently three (3) part time drivers for the Office for the Aging that deliver these
nutritious meals, and from time to time due to illness, vacation, or other matters they are unavailable to work,
and
        WHEREAS, to be able to continue to deliver the large number of meals every month it is vital to have
an on-call driver and a 20 hour a week driver, and
        WHEREAS, one 20 hour a week meal deliverer has indicated that he will soon be retiring, and
        WHEREAS, one of our two present on-call drivers has given notice that she will be leaving her job, and
        WHEREAS, funds to pay for said positions have previously been budgeted, approved, and provided for
by Title III B of the Older Americans Act and the Schuyler County Budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Office of the Aging Director be hereby authorized to
hire one (1) 20 hour a week meal deliverer and one (1) on-call meal deliverer at an hourly rate of $10.40 to
replace the present drivers who will be leaving in February 2005.
VOTE: Passed 8-0.
RESOLUTION NO. 46 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE PURCHASE AND SERVICE AGREEMENT WITH SYNERGY - OFFICE FOR THE
        AGING
        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 now be electronically compiled,
stored, and transmitted in certain electronic format, and
        WHEREAS, previous attempts to minimize the expense of such an undertaking by pooling of resources
with other county Offices for the Aging have been unsuccessful, and
        WHEREAS, the software package to be used and that is highly encouraged by NYSOFA is SAMS
which is manufactured, sold, and serviced by Synergy, and
        WHEREAS, monies are available for the purchase of this software, maintenance, and training in the
2005 budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all contracts and agreements necessary to carry out the purchase of the software, training, and
maintenance of SAMS in the amount of $12,000 for the term of December 29, 2004 through December 29,
2005, said contract subject to approval of the County Attorney and subject to availability of funds.
VOTE: Passed 8-0.
194                                    SCHUYLER COUNTY LEGISLATURE
RESOLUTION NO. 47 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE CONTRACT RENEWAL WITH FINGER LAKES ADDICTION COUNSELING AND
        REFERRAL AGENCY (FLACRA) FOR 2005 – SOCIAL SERVICES
        WHEREAS, the Finger Lakes Addiction Counseling and Referral Agency (FLACRA) has provided a
substance abuse Case Manager to the Department of Social Services for the past several years utilizing grant
funds they obtained from New York State, and
        WHEREAS, the FLACRA Case Manager partnered with Children Services Caseworkers on hotline
reports of child abuse and/or neglect where alcohol or drug abuse may have been involved by either the parents
or the children named in the hotline, and
        WHEREAS, grant funds are no longer available, and
        WHEREAS, the Department of Social Services wishes to contract with FLACRA to continue this
service, and
        WHEREAS, the Department has Temporary Assistance to Needy Families (TANF) Service Plan grant
funds available, which will pay for approximately 90% of the contract cost until at least June 30, 2005, or
longer if the state extends the date, the remainder to be paid out of Preventive Services funds, and
        WHEREAS, the Department budgeted TANF Service Plan funds (no cost to local taxpayers) as well as
Preventive Services funds (65% reimbursed, 35% local share) in the 2005 budget for this service.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign a contract with FLACRA for the period January 1, 2005 through December 31, 2005 for a substance abuse
case manager at a total cost not to exceed $45,000, funding available in the Department’s 2005 budget, with
priority of funding being the TANF Service Plan grant funds account no. 6010.552, to be augmented with the
Department’s Preventive Services funds account no. 6070.396 if necessary, subject to approval by the Schuyler
County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 48 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE CONTRACT RENEWAL WITH CATHOLIC CHARITIES FOR WATKINS GLEN
        YOUTH CENTER FOR 2005 – SOCIAL SERVICES
        WHEREAS, the Schuyler County Department of Social Services has funds available for TANF eligible
youths, and
        WHEREAS, the Watkins Glen Youth Center has enhanced programming in areas of home work
assistance, domestic violence prevention and other services for children of or at risk of domestic violence, and
        WHEREAS, the Schuyler County Department of Social Services wishes to contract with the Catholic
Charities (Watkins Glen Youth Center) for these services.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract not to exceed $10,000 with Catholic Charities (Watkins Glen Youth Center) for the
Department of Social Services for the term January 1, 2005 through June 30, 2005 funding available in the 2005
budget, account no. 6010.522; subject to approval by the County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 49 Motion by Larison, Second by Bingell.
RE: AUTHORIZE INCREASE IN FAMILY FOSTER CARE RATES – SOCIAL SERVICES
        WHEREAS, rates paid to Schuyler County foster parents have not been changed in the past ten years,
and
        WHEREAS, the proposed rates are still less than the maximum rates authorized by New York State, and
        WHEREAS, funds to cover the increase are contained in the Department’s 2005 budget, account no.
6109.400 and 6119.400.
        NOW, THEREFORE, BE IT RESOLVED, that the following daily foster care rates are adopted
effective March 1, 2005:
                                                                      MAXIMUM STATE
AGE GROUP               FROM                   TO                     AID RATE (MSAR)
0-3 years               $11.75/day             $12.77/day (diapers incl.)     $13.78
4-5 years               $10.20/day             $11.22/day                     $13.78
                                     PROCEEDINGS OF THE YEAR 2005                                            193
6-11 years             $11.50/day            $12.65/day                    $16.57
12-15 years            $13.40/day            $14.74/day                    $19.17
16 years+              $13.40/day            $14.74/day                    $19.17
Special Rate           $20.55/day            $24.66/day                    $33.11
Exceptional Rate       $30.35/day            $36.42/day                    $50.14, and
        BE IT FURTHER RESOLVED, that the annual clothing rates, which are paid in three equal installments
in April, August, and December, be reduced as follows to be in line with the current maximum state rates:
AGE GROUP              FROM                  TO
0-5 years              $312/annually         $303/annually
6-11 years             $438/annually         $423/annually
12-15 years            $672/annually         $657/annually
16+                    $825/annually         $804/annually
VOTE: Passed 8-0.
RESOLUTION NO. 50 Motion by Larison, Second by Bingell.
RE: AMEND THE ADOPTED 2005 SALARY SCHEDULE
        WHEREAS, a Cost of Living Adjustment for the Personal Secretary to the Legislature was erroneously
omitted from the adopted 2005 Salary Schedule, and
        WHEREAS, there were a number of $.01 errors due to a rounding malfunction in the software.
        NOW, THEREFORE, BE IT RESOLVED, that the Schedule of Salaries for 2005, as on file, be
amended effective January 1, 2005.
VOTE: Passed 8-0.
RESOLUTION NO. 51 Motion by Larison, Second by Bingell.
RE: AUTHORIZE CREATION OF RESERVE FUND FOR CENTRAL GARAGE VEHICLES AND
        APPROPRIATE FUND BALANCE THERETO
        BE IT RESOLVED, that pursuant to Section 6-c of the General Municipal Law, as amended, the
Schuyler County Legislature does hereby establish a Capital Reserve Fund entitled “Central Garage Vehicles”
to finance the purchase of new vehicles.
        The Chief Fiscal Officer is hereby directed to deposit monies of this reserve in a separate bank account
to be known as the “Central Garage Vehicles” Reserve Fund.
        The Chief Fiscal Officer is hereby authorized to invest from time to time, the monies of this fund
pursuant to Section 6-f of the General Municipal law.
        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.
Goals/Purpose:
        Recognize that vehicles owned by Schuyler County are major assets, which regularly need replacement
and maintenance as set forth in Central Garage Policies and Procedures adopted by the Legislature per
Resolution No. 382-03.
Responsibility:
        The County Highway Superintendent will develop a list of vehicles to be replaced on an annual basis
along with each vehicle’s estimated cost to coincide with the County budget process.
Budget:
        The County of Schuyler shall appropriate $110,500 from fund balance to allow for the purchase of
vehicles for the 2005 fiscal year. Thereafter, annual funding of this account shall be by the Treasurer
transferring any unused budget funding in account 1640 Central Garage and/or revenues from the sale of
vehicle(s).
Implementation:
       Annual review of budget and vehicle list will be conducted by the County Administrator and the
        appropriate Legislative Committee.
       The County Administrator and County Highway Superintendent will make recommendations to the
        appropriate Legislative Committee as to which vehicles to purchase.
194                                   SCHUYLER COUNTY LEGISLATURE
       Upon the appropriate Legislative Committee’s approval, standard Legislature procedures will be
        followed.
VOTE: Passed 8-0.
RESOLUTION NO. 52 Motion by Bingell, Second by Yuhasz.
RE: ACCEPT PROPOSAL FROM HUNT ENGINEERS FOR COUNTY ROUTE 16 BRIDGE
REPLACEMENT DESIGN – HIGHWAY DEPARTMENT
        WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for
design services for the replacement of County Road 16 Bridge; BIN 3332650, Town of Orange, and
        WHEREAS, Hunt Engineering has proposed engineering services for the design of the CR-16 Bridge
replacement.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature hereby accept the
proposal price from Hunt Engineers in an amount not to exceed $26,500, funds available in the 2005 County
Road budget account no. 5020.400, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the
necessary documents to retain Hunt Engineers for engineering services for the replacement of CR-Bridge;
contract subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 53 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE ADVERTISEMENT FOR EQUIPMENT – HIGHWAY DEPARTMENT
        WHEREAS, in accordance with Section 103 of General Municipal Law, all purchase contracts
involving an expenditure of more than $10,000 and all contracts for public works involving an expenditure of
more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the
manner provided by this section, and
        WHEREAS, funding is available in the 2005 Machinery budget for the purchase of the following
equipment:
                                       a.     1-One Ton 4X2 Dump Truck
                                       b.     1-Loader
                                       c.     Shoulder Machine.
        NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be hereby
authorized to set specifications and to advertise for bids on the preceding equipment that are non-state contract
items.
VOTE: Passed 8-0.
RESOLUTION NO. 54 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS AND SURVEYORS FOR
        SENECA HARBOR PARK PHASE III PROJECT – BUILDINGS AND GROUNDS
        WHEREAS, Seneca Harbor Park and the lake front area in general is a very popular place for both local
residents and visitors to Schuyler County, and
        WHEREAS, parking in the lake front area inadequately accommodates peak season needs, and
        WHEREAS, paving and striping the remaining parking area in Seneca Harbor Park will improve the
parking conditions for all.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign a contract with Hunt Engineers, Architects and Surveyors in the amount of $17,000.00 for design work, bid
documents, topographical surveying and construction supervisors upon approval of the Schuyler County
Attorney, and
        BE IT FURTHER RESOLVED, that funding is available in the Capital reserve account 004.0004.0878.
VOTE: Passed 8-0.
RESOLUTION NO. 55 Motion by Bingell, Second by Larison.
RE: AUTHORIZE SEASONAL RATES FOR MARINA – BUILDINGS AND GROUNDS
        WHEREAS, the Public Works Committee has approved and submitted to this Legislature Schamel
Brothers' proposed Rate Schedule for its consideration and approval, and
                                       PROCEEDINGS OF THE YEAR 2005                                      193
       WHEREAS, that this Legislature has considered and concurs with the Public Works Committee's
recommendation to accept the proposed rates.
       NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the following as the
Village Marina's 2005 Seasonal Rate Schedule for its 145 available slips:
                                            2005 SUMMER RATES
                          SLIP WIDTH             SLIP FEE      WATER & ELECTRIC
                               8' wide               $1,090.00             $100.00
                               10' wide              $1,115.00             $100.00
                               12' wide              $1,150.00             $100.00
                               14' wide              $1,240.00             $100.00
                               16' wide              $1,340.00             $100.00
                                             20 amp Service $100.00
                                             30 amp Service $150.00
                              Dry Docking w/unlimited use of launch ramp $450.00
                                           2005 TRANSIENT DOCK
                                                 Without Electric
                                              Per hour      $ 2.00
                                              Per day       $ 40.00
                                              Per week      $175.00
                                              Per month     $600.00
                                          LAUNCHING RAMP FEES
                                      $4.00 per Launch (Tenants: no charge)
                             Unlimited Usage (October 31 through March 1): $45.00
                                                TRUCK CRANE
                                    Seasonal Tenants $65.00 per usage plus tax
                                      Non-Tenants $75.00 per usage plus tax
                                         WINTER STORAGE RATES
 AT THE DOCK: $15.00 per foot (use of bubbler system is allowed with electrical charges billed additionally)
                                            ON LAND: $8.00 per foot
                                    HAULING OUT: $3.50 per foot each way
MISCELLANEOUS RATES AND CHARGES
PUMP OUT: $4.00 per pump out for tenants; $5.00 per pump out for non-tenants
TRAILER/CRADLE FEE: Minimum of $30.00 includes handling and storage
VOTE: Passed 8-0.
RESOLUTION NO. 56 Motion by Bingell, Second by Larison.
RE: AMEND RESOLUTION NO. 30-05 AND AMEND 2005 BUDGET – BUILDINGS AND GROUNDS
       WHEREAS, Resolution No. 30-05 authorized the Building Maintenance Supervisor to go out to bid for
Court Room lights, and
       WHEREAS, the bids have been received for the installation of new Court Room lights with the cost
being $3,000.00 more than allocated for in the budget, and
       WHEREAS, the Office of Court Administration has agreed to amend the state aid in the amount of
$3,000.00 to offset the additional cost.
       NOW, THEREFORE, BE IT RESOLVED, that Resolution 30-05 be amended to read “an amount not to
exceed $39,000.00” instead of $36,0000.00 and,
       BE IT FURTHER RESOLVED, that the Buildings and Grounds budget account no. 1620.589-
Courthouse Projects and account no. 1620-3021-Court Facilities Aid be increased by $3,000.00.
VOTE: Passed 8-0.
RESOLUTION NO. 57 Motion by Bingell, Second by Larison.
RE: AUTHORIZE PAYMENT OF SUBCONTRACTORS FOR DISTRICT ATTORNEY’S CAPITAL
       PROJECT - BUILDINGS & GROUNDS
194                                    SCHUYLER COUNTY LEGISLATURE
         WHEREAS, the Buildings and Grounds Department is remodeling the District Attorney’s office, and
certain work is to be completed by subcontractors, and
         WHEREAS, funding for said project has been budgeted for in the Facilities and Grounds Capital
Reserve account, and
         WHEREAS, pursuant to Resolution No. 27-05 establishing the policy and procedure for accessing the
Facilities and Grounds Capital Reserve funds, legislative approval is hereby required for payment.
         NOW, THEREFORE, BE IT RESOLVED, that the Buildings Maintenance Supervisor be hereby
authorized to pay the following subcontractors from the Facilities and Grounds Reserve Fund, account no. 004-
0004-0878:
         SUBCONTRACTOR                          ITEM                           AMOUNT
         Montour Glass and Mirror               Windows                        $ 2,758.77
         The Refrigeration Company              (3) A/C Units                  $ 9,945.00
VOTE: Passed 8-0.
RESOLUTION NO. 58 Motion by Fagan, Second by Yuhasz.
 RE: AUTHORIZE FILLING VACANT NURSE POSITION - COMMUNITY SERVICES
         WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
         WHEREAS, the Schuyler County Mental Health Clinic has one full-time Senior Registered Professional
Nurse position and one full-time Registered Professional Nurse position, both of which are vacant, and
         WHEREAS, it is the request of the Director of Community Services/Public Health that he be given the
ability to hire one or the other of these positions, whichever is most easily recruited, but not both.
         NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of
Community Services/Public Health to fill either a full-time Senior Registered Professional Nurse position at $19.74
per hour, or a Registered Professional Nurse position at $18.92 per hour, for the Mental Health Clinic, funding
being available in the 2005 budget.
VOTE: Passed 8-0.
RESOLUTION NO. 59 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE ADVERTISING AND FILLING OF ASSISTANT WATERSHED INSPECTOR
         POSITION - PUBLIC HEALTH
         WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
         WHEREAS, the Schuyler County Public Health has one vacant Assistant Watershed Inspector position,
which needs to be filled.
         NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of
Community Services/Public Health to fill the vacant Assistant Watershed Inspector position, 25 hours per week, at
the grade XV, at $13.58 per hour in Public Health, funding being available in the 2005 budget.
VOTE: Passed 8-0.
RESOLUTION NO. 60 Motion by Fagan, Second by Yuhasz.
RE: RECOGNIZE MARCH AS NATIONAL NUTRITION MONTH® 2005 - PUBLIC HEALTH
         WHEREAS, National Nutrition Month® is a nutrition education and information campaign sponsored
annually by the American Dietetic Association, and
         WHEREAS, the campaign is designed to focus attention on the importance of making informed food
choices and developing sound eating and physical activity habits, and
         WHEREAS, National Nutrition Month® reinforces the importance of nutrition as a key component of good
health, along with physical activity.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes March as
National Nutrition Month® and supports Schuyler County residents in their efforts to maintain a healthy
weight, increase their activity level and balance food choices with their lifestyles.
VOTE: Passed 8-0.
RESOLUTION NO. 61 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT RENEWAL WITH INTEGRITY NETWORKING SYSTEMS, INC. FOR
         COMPUTER SERVICES FOR 2005 – HEALTH SERVICES
                                       PROCEEDINGS OF THE YEAR 2005                                         193
        WHEREAS, the Public Health and Community Services departments have contracted with Integrity
Networking Systems for the past several years for computer services involving network administration,
security, and systems maintenance, and
        WHEREAS, Integrity Networking Systems has extensive knowledge of the computer systems unique to
the Public Health and Community Services departments and there continues to be a need for their services to
maintain and upgrade these systems, and
        WHEREAS, it is understood that Danica Computing is the primary IT source and Integrity Networking
Systems will not be utilized unless Danica Computing is unable to provide the required services.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract renewal with Integrity Networking Systems, Inc. for the provision of computer services in the
amount of $9,000, funds available in the 2005 budget, $5,000 in account no. 4310.435 and $4,000 in account
no. 4010.532, for the term January 1, 1005 through December 31, 2005; subject to the approval of the Schuyler
County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 62 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT RENEWAL WITH HEALTH CARE COMPLIANCE ENTERPRISE, LLC
        FOR CONSULTATION SERVICES FOR 2005 – COMMUNITY SERVICES
        WHEREAS, Health Care Compliance, LLC has contracted with the Community Services Department to
provide consultation with regard to developing and maintaining regulatory compliance for several years, and
        WHEREAS, the area of regulatory compliance is one which requires ongoing monitoring and training,
and
        WHEREAS, Health Care Compliance has increased its hourly rate effective January 1, 2005 from thirty
dollars per hour ($30.00) to thirty-five dollars ($35.00) per hour.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with Health Care Compliance, LLC for consultation services for the period January 1,
2005 through December 31, 2005, at an hourly rate of $35.00, the total amount of the agreement not to exceed
$7,150, such amount provided for in the 2005 Mental Health budget, account 4310.435, subject to approval by
the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 63 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE RENEWAL AGREEMENT WITH GLOBALSTAR USA, LLC FOR SATELLITE
        PHONE SERVICE FOR 2005 – PUBLIC HEALTH
        WHEREAS, Schuyler County Public Health currently contracts with Globalstar USA, LLC for satellite
phone service as required for Bioterrorism preparedness, and
        WHEREAS, renewal of this agreement is necessary to continue the service and avoid disruption of this
alternate communication device in case of a public health emergency.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
renew the agreement with Globalstar USA, LLC for satellite phone service, at an annual cost not to exceed
$3,000, funds available in the 2005 Public Health budget, account no. 4010.400 and 4010.400-4029, for the
term January 1, 2005 through December 31, 2005; subject to the approval of the County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 64 Motion by Larison, Second by Bingell.
RE: AUTHORIZE APPLICATION FOR A MINI GRANT FROM THE NATIONAL YOUTH COURT
        CENTER FOR NATIONAL YOUTH SERVICE DAY-APRIL 15-17, 2005 – YOUTH BUREAU
        WHEREAS, the National Youth Court Center will award mini-grants in the amount of $250 to the first
60 youth courts that meet the eligibility requirements, submit the completed application and agree to the
specified terms, and
        WHEREAS, the eligibility requirements are that the service project will take place during April 15-17,
2005, at least 20 youth volunteer and/or youth court respondents will be involved in the project and the funds
are used only for purchasing materials needed to complete the project, and
        WHEREAS, the funds will be used for materials to build non-perishable food drop bins, working in
194                                   SCHUYLER COUNTY LEGISLATURE
conjunction with the Schuyler Outreach Food Pantry.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign the aforementioned application for the National Youth Court Center Mini Grant and any subsequent
contracts, subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 65 Motion by Larison, Second by Bingell.
RE: INCREASE 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 1991
for the sum of $18,024 per annum.
        NOW, THEREFORE, BE IT RESOLVED, that the sum of $35,040 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 State Tax Commission.
VOTE: Passed 8-0.
RESOLUTION NO. 66 Motion by Larison, Second by Bingell.
RE: ONE-YEAR APPOINTMENTS – AMENDED BY RESOLUTION NO. 310-05
        BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following
individuals to the below boards, committees, agencies, for the term January 1, 2005 through December 31,
2005, to wit:
         FINGER LAKES RESOURCE, CONSERVATION & DEVELOPMENT COUNCIL, INC.
                                                  Jim Ochterski
                       INTER-COUNTY ASSOCIATION OF WESTERN NEW YORK
                                               Thomas M. Gifford
                                                Glenn R. Larison
                                                 Stacy B. Husted
                                     BARGAINING UNIT COMMITTEES
                  County Administrator and Human Resources Director – Co-Chief Negotiators
                                   Appropriate Jurisdictional Committee Chairs
                                 CHILD CARE COORDINATING COUNCIL
                                                Sharon S. Bingell
                      LOCAL EARLY INTERVENTION COORDINATING COUNCIL
                                       David Lambert, NYS Dept. of Health
                                         Camille Meeks, WGCS District
                                          Kate Merrill, OMCS District
                                               Erik Miller, Provider
                                            Michelle Myers, Provider
                                             Laurie Hanlon, Provider
                                        Beverly Clickner, Social Services
                                          Arnab Bagchi, Mental Health
                                             Nancy Blencowe, Parent
                                              JoAnn Carson, Parent
                                             Nancy St. Julien, Parent
                                            Christine Keough, Parent
                                             Michelle Pardee, Parent
                                              Pauline Heath, Parent
                                               Ken Seaman, Parent
                                   PROCEEDINGS OF THE YEAR 2005                                     193
                                Marcia Kazprzyk, Early Intervention Official
                                         Peggy Tomassi, Child Care
                                    JoAnn Fratarcangelo, Youth Bureau
                                         Michael Yuhasz, Legislator
                                  FIRE SAFETY ADVISORY BOARD
                               Mike McClernon/Tim Hudson – Beaver Dams
                                    Jason Kelly/Curt Connelly – Burdett
                              Richard Robertson/William Ward – Mecklenburg
                                   Ron Ames, Jr./Larry States – Monterey
                                 Paul Cartwright/Jim Ryan – Montour Falls
                                  Robert Franklin/Todd Thoman – Odessa
                                    Eric Anderson/Al Buckland – Tyrone
                              Mike Hicks/John Mason – Valois-Logan Hector
                           Robert DeDominick/Charles Smith, Sr. – Watkins Glen
                                         Glenn Larison – Legislator
                             PROFESSIONAL ADVISORY COMMITTEE
                                       William Weiss, Social Services
                                   Cynthia Terry, MD, Medical Director
                                     Elizabeth Hayes, Member at Large
                                    Kathryn Doolittle, Member at Large
                             M. Shawn Rosno, Mental Health Deputy Director
                              Marcia Kasprzyk, Deputy Director Public Health
                                         Michael Yuhasz, Legislator
                                 Michelle Myers, Schuyler Hospital Therapy
                               Robert Dunphy, Director Office for the Aging
                                       Ruth Bedient, Member at Large
                                      Jill Kasprzyk,RN Mental Health
                                                  Rita Tague
                                                 Mary Galvin
                                               Shannon Slater
                                              Jane Aniskevich
                                                Judy Delgotto
                                            Shannon Cunningham
                                               Sarah Mathews
                                Thomas M. Gifford, Chairman of Legislature
         SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD
                                                Kelsey Jones
                  EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE
                                          Charles Franzese Engineer
                                Thomas Gifford, Chairman of the Legislature
                                             YOUTH BOARD
                                               Charlotte Harer
                                                 Judah Baker
                                               Brandon March
                                                Tyler Crainey
VOTE: Passed 8-0.
RESOLUTION NO. 67 Motion by Bingell, Second by Larison.
RE: TWO-YEAR APPOINTMENTS
       BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following
individuals to the below boards, committees, agencies, for the term January 1, 2005 through December 31,
2006, to wit:
194                              SCHUYLER COUNTY LEGISLATURE
                              LAW LIBRARY BOARD OF TRUSTEES
                                       Michael A. Yuhasz, Legislator
                          ENVIRONMENTAL MANAGEMENT COUNCIL
                                         Richard Owlett, Catherine
                                         Benjamin Dickens, Hector
                                          John Q. Smith, Montour
                                     Richard Hurley,Co-Chair, Orange
                                         Henry Schriefer, Reading
                                        Frank Spena, Watkins Glen,
                                      Irene Brown, MemberAt Large
                             Kate Batholemew, Vice Chair, MemberAt Large
                                Patti Butler, Secretary, Member At Large
                                         James Howell, Watershed
                               Michelle LaDue Benjamin,County Planning
                                      Ed Gates, Planning Commission
                                      Elaine Dalrymple, Soil & Water
                            FISH & WILDLIFE MANAGEMENT BOARD
                                         Dana Sgrecci, Landowner
                                       PLANNING COMMISION
                                     John Q. Smith, Town of Montour
                                      Jeff Greuber, Village of Odessa
                                         Al White, Town of Hector
                                 Wayne Weber, Village of Watkins Glen
                                     Nancy Whipple, Town of Orange
                                    Richard Owlett, Town of Catherine
                                         Ed Gates, Farming/Chair
                   Linda Arcangeli, Village of Burdett (replacing Janice Arcangeli-Niera)
                                            Bill Kelly, Medical
VOTE: Passed 8-0.
RESOLUTION NO. 68 Motion by Bingell, Second by Larison.
RE: THREE-YEAR APPOINTMENTS
       BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following
individuals to the below boards, committees, agencies, for the term January 1, 2005 through December 31,
2007, to wit:
                            SOIL AND WATER CONSERVATION BOARD
                                   Anthony Specchio, Member at Large
                               WORKFORCE DEVELOPMENT BOARD
                                               Jeff Grueber
                                            YOUTH BOARD
                                        Rona Alexander, Probation
                                   Rebecca Bacon, Sherrif’s Department
                   SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY
                                              Kevin Murphy
                                             John Prendergast
VOTE: Passed 8-0.
RESOLUTION NO. 69 Motion by Bingell, Second by Larison.
RE: FOUR-YEAR APPOINTMENTS
       BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following
individuals to the below boards, committees, agencies, for the term January 1, 2005 through December 31,
2008, to wit:
                              ALCOHOLISM AND SUBSTANCE ABUSE
                              PROCEEDINGS OF THE YEAR 2005                                                  193
                                       Matt Hayden
                            MENTAL HEALTH SUBCOMMITTEES
                                        Mike Gehl
                                        Bert Pyle
                              COMMUNITY SERVICES BOARD
                                      Michael Gehl
                                     Robert Burnside
                                       Matt Hayden
                                    Richard Schockner
                    MENTAL RETARDATION/DEVELOPMENTAL DISABILITIES
                                    Richard Schockner
                                     Robert Burnside
VOTE: Passed 8-0.
RESOLUTION NO. 70 Motion by Fagan, Second by Bingell.
RE: LOCAL LAW INTRO. NO.1/LOCAL LAW NO. OF THE YEAR 2005 AMENDING LOCAL LAW
       NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN
       ECONOMIC DEVELOPMENT ZONE)
       BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No.            of the year 2005, in the form hereto
annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and
       BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on
February 28, 2005 at 9:30 a.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins
Glen, NY, followed by a Special Meeting of the Legislature to consider adoption thereof.
                  LOCAL LAW INTRO. NO. 1/LOCAL LAW NO.                          OF THE YEAR 2005
       BE IT ENACTED, by the Schuyler County Legislature of the County of Schuyler, New York, as
follows:
       Section 1.     By Local Law No. 12-2000, this Legislature authorized an applicant for the designation
                      of an Economic Development Zone relative to certain land within Schuyler County.
       Section 2.     That Local Law No. 1-2001, adopted January 30, 2001, amended Local Law 12-2000.
       Section 3.     That the County of Schuyler has received Economic Development Zone approval from
                      New York State.
       Section 4.     By Local Law No. 1-2003, adopted on February 27, 2003, the Economic Development
                      Zone was expanded.
       Section 5.     By Local Law No. 2-2004, adopted on June 14, 2004, amended Local Law 1-2003.
       Section 6.     It is the desire of this Legislature to authorize an application to revise the Economic
                      Development Zone, now called an Empire Zone, to include _____ acres located in
                      Schuyler County and _____acres located in Tompkins County.
       Section 7.     The County of Schuyler is hereby authorized to submit an application to revise the
                      Empire Zone to include the property described in Section 7 of this Local Law.
       Section 8.     The boundary of the Empire Zone, as described in Local Law No. 12-2000, Local Law
                      No. 1-2001, and Local Law 1-2003, shall be expanded to include the properties generally
                      described In Appendix A attached:
       Section 9.     The Commissioner of the New York State Department of Economic Development is
                      hereby requested to revise the boundaries of the Empire Zone in accordance with this
                      Local Law.
       Section 10.    In all other respects, Local Law No. 12-2000, Local Law No. 1-2001, Local Law No. 1-
                      2003, and Local Law No. 2-2004, shall remain in full force and effect.
       Section 11.    This Local Law shall take effect upon filing in the Office of the Secretary of State.
VOTE: Passed 8-0.
RESOLUTION NO. 71 Motion by Fagan, Second by Bingell.
RE: RESOLUTION ADVOCATING CERTIFICATION OF HAVA-COMPLIANT VOTING MACHINES
       AND RELATED ELECTION LAW IMPROVEMENTS
194                                    SCHUYLER COUNTY LEGISLATURE
        WHEREAS, free and fair elections provide the backbone of our democracy, and public confidence in
the election system is crucial, and
        WHEREAS, in October 2002, Congress passed the Help America Vote Act (HAVA) to help States
replace antiquated and unreliable voting systems and make voting accessible to people with disabilities, and
        WHEREAS, New York State has yet to specify the details of its compliance with HAVA, but must act
expeditiously or risk losing federal funding, and
        WHEREAS, as it considers voting issues related to HAVA, the State Legislature should use the
opportunity to consider additional election reform, and
        WHEREAS, locally we have studied and gathered information that we believe can help inform our State
Legislature in its deliberations on these issues, and
        WHEREAS, optical scanners (paper ballot/election-district-based optical scan voting systems) are the
most reliable, user-friendly and cost-effective technology, and can be supplemented with adaptive ballot
marking devices that render this system usable by people with disabilities.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the New York
State Assembly, Senate, and Governor to certify optical scanning machines as the HAVA-compliant machine of
choice for New York State, and
        BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges the New York State
Assembly and Senate during conference committee to incorporate the following:
             If other than optical scanning systems are certified, all voting systems must produce a voter-
                verified permanent paper record for use in manual audits and recounts. This requirement means
                that any system must include a ballot that each voter would verify as accurate and that would be
                reserved in a secure manner for later use in a recount;
             If other than optical scanning systems are certified, all voting systems must be equipped with
                adaptive devices, so persons with visual and other disabilities can use the same system that will
                still provide a voter-verified paper ballot;
             Ban the use of undisclosed software and wireless communications devices in systems for voting
                and the tabulation of vote totals;
             Require election-district-level tabulation and public posting of each election-district's results at
                each polling place when the polls close;
             Require mandatory, random surprise audits in not less than 3.0 percent of election districts in
                each county, and
        BE IT FURTHER RESOLVED, that our election process be further improved by:
             Allowing absentee balloting without requiring an excuse (joining the twenty-five other states that
                do so), and
        BE IT FURTHER RESOLVED, that this Legislature requests that New York State's HAVA
implementation plan be amended in accordance with the above-bulleted list in a timely manner so that New
York State will have sufficient time to receive Federal monies and purchase appropriate equipment, and
        BE IT FURTHER RESOLVED, that a copy of this resolution be sent to President George W. Bush,
Senators Charles Schumer and Hillary Clinton, Congressmen John R. Kuhl, Jr., Governor George Pataki,
HAVA Conference Committee members, State Senator George H. Winner, Jr., State Assemblyman Thomas F.
O’Mara, Deputy Executive Director, New York State Board of Elections, Peter Kosinski, Inter-County
Association of Western New York and New York State Association of Counties.
VOTE: Passed 8-0.
RESOLUTION NO. 72 Motion by Fagan, Second by Bingell.
RE: AUTHORIZE LETTER AGREEMENT BETWEEN THE COUNTY OF SCHUYLER AND THE
        WATKINS MONTOUR ROTARY CLUB, INC.
        WHEREAS, Resolution No. 438-03 authorized the establishment of and funding for a sesquicentennial
committee, and
        WHEREAS, the County and Rotary agreed to produce and conduct a joint program and to share equally
the expenses and profits thereof, and
                                       PROCEEDINGS OF THE YEAR 2005                                         193
        WHEREAS, said program was conducted and produced net profits in the amount of $1,693.50 as
detailed in the agreement.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
disbursement and equal distribution of funds earned in the manner above-described with the Watkins Montour
Rotary Club, Inc., and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said
agreement, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 73 Motion by Fagan, Second by Bingell.
RE: ACCEPT BID FOR PROPERTY TAKEN BY TAX DEED – TAX MAP #44.19-1-29 - VILLAGE OF
        BURDETT
        WHEREAS, the County Treasurer took tax deed to property located in the Village of Burdett, which did
not sell at auction, and
        WHEREAS, the County Treasurer is in receipt of a bid to purchase the property, and the Treasurer
recommends acceptance thereof.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby accepts the bid from Claudine
Ciprich Kirk in the amount of $50.00 for property located at 3812 Main Street, Burdett, Tax Map #44.19-1-29,
and
        BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County
Attorney shall prepare a quitclaim deed to the new owner, which the Chairman of this Legislature is hereby
authorized to execute and deliver within thirty (30) days of the payment thereof.
VOTE: Passed 8-0.
RESOLUTION NO. 74A Motion by Fagan, Second by Bingell.
RE: MOTION TO AMEND RESOLUTION NO. 74
        BE IT RESOLVED, that the phrase “currently owned by Schamel Brothers” be striken from the fifth
Whereas in the Resolution.
VOTE: Passed 6-2. Noes: Larison, Karius.
RESOLUTION NO. 74 Motion by Bingell, Second by Fagan.
RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT
        LEGISLATION ALLOWING SCHUYLER COUNTY TO ACCEPT AN IN-KIND REPLACEMENT
        OF LAND WITHIN SENECA HARBOR PARK – AS AMENDED
        WHEREAS, the Krog Corporation of 4 Centre Drive, Orchard Park, N.Y. 14127, has advised this
Legislature that it intends to develop an 84 room hotel/convention center 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
        WHEREAS, the preferred site plan includes an insignificantly small (7,724 sq. ft.) section of park land
(map attached) south of the railroad right of way that is part of the Seneca Harbor Park, and
        WHEREAS, this portion of the park is physically detached from the park by the railroad bed and
appears not to be part of the park, and
        WHEREAS, the Krog Corporation is prepared to replace the parkland thus acquired with an equivalent
parcel contiguous with the parkland, and
        WHEREAS, the regulations of the Office of Parks, Recreation and Historic Preservation specifically
contemplate a substitution of equivalent property for parklands alienated.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the
New York State Legislature to adopt special legislation amending New York State law to allow the Schuyler
County Legislature to convey lands as above-described to the Krog Corporation and to receive from said
Corporation replacement lands in substitution therefor 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
Thomas F. O’Mara, Senator George H. Winner, Jr., Majority and Minority Leaders, New York State Attorney
General, New York State Office of Parks, Recreation and Historic Preservation.
194                                   SCHUYLER COUNTY LEGISLATURE
VOTE: Passed 8-0.
RESOLUTION NO. 75 Motion by Bingell, Second by Fagan.
RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 2005 SETTING THE SALARY
         FOR THE BUDGET OFFICER
         WHEREAS, Resolution No. 36–05 appointed Legislator Daryl Slusser as Interim Budget Officer until
such time as a County Administrator is hired and in place, and
         WHEREAS, it is the recommendation of the Legislative Chairman that he be compensated for his
responsibilities as Budget Officer until such time as a County Administrator is hired, and
         WHEREAS, the County Treasurer be hereby authorized to transfer $3,000 from Contingency account
no. 1990.500 to Budget Officer account no. 1340.100 to pay Legislator Daryl Slusser retroactive to January 1,
2005, and
         WHEREAS, County Law Section 201 states that any change in compensation of such officer during
his/her term be made only by Local Law subject to the provisions of Section 24 of the Municipal Home Rule
Law.
         NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2 of the year 2005 be, and hereby
is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and
         BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on
February 28, 2005 at 9:35 a.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins
Glen, NY, followed by a Special Meeting of the Legislature to consider adoption thereof.
                              LOCAL LAW INTRO. NO. 2 OF THE YEAR 2005
         A Local Law Setting the Salary for Budget Officer.
         Be it enacted by the Legislature of the County of Schuyler as follows:
         1.      Effective within 45 days hereof, the adjustment of salary for the Budget Officer shall be in the
amount of $3,000 effective January 1, 2005.
         2.      This Local Law shall take effect upon filing in the Office of the Secretary of State.
DISCUSSION: Legislator Bleiler said he asked for a list of duties of what would be done by the Budget Officer
that would require being paid. Most of the work is done in the last six months of the year. He asked if this
would be pro-rated. Legislator Larison feels this should not be done at all with an administrator being hired
soon. Legislator Bleiler feels anything that needs to be done now can be done interim by the Management and
Finance Committee, not the Budget Officer. Chairman Gifford asked Attorney Coleman if they need a Budget
Officer. Attorney Coleman said they do not have to have one, the statute says you may appoint one, but you do
not have to have one. Legislator Slusser said the board already appointed him as Budget Officer, so they would
have to rescind that Resolution. Legislator Fagan said there is already one department head questioning the
Performance Based Budget and needs answers. That should be done early on in the year. Legislator Larison
asked if that is part of the Budget Officer’s job? Legislator Fagan feels regarding the Performance Based
Budget, it is obvious. Legislator Bleiler said he would move under New Business to agree to use the
Performance Based Budget for next year and give notice to all department heads.
VOTE: Passed 6-2. Noes: Bleiler, Larison.
RESOLUTION NO. 76 Motion by Karius, Second by Bingell.
RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF
         HECTOR
         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 44.00-1-37.12, owned Elva Roberts in the Town
of Hector, 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, that error caused an incorrect entry for the relevied school tax on the January, 2005 County
Tax Roll, and
         WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee to
approve the application.
         NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and
                                       PROCEEDINGS OF THE YEAR 2005                                        193
        BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount
due of $ 2,665.04 and a corrected bill be issued in that amount, and
        BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town
of Hector.
VOTE: Passed 8-0.
RESOLUTION NO. 77 Motion by Karius, Second by Bingell.
RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOSTANOSKI &
        EDDY, TOWN OF DIX
        WHEREAS, application has been made in accordance with Real Property Tax Law (RPTL) Section for
 parcel 86.00-1-7.112, owned by Leonard Tostanoski and George Eddy, in the Town of Dix, and
        WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and
found that the assessment erroneously included an improvement which was not present on the property, and
therefore constitutes an error in essential fact as defined in RPTL Section 550(3)b, and
        WHEREAS, it is the recommendation of the Director that the application for correction be approved.
        NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved, and
        BE IT FURTHER RESOLVED, that the treasurer is hereby authorized to correct the roll and warrant,
and to make the appropriate chargebacks to reflect the corrected amounts as listed below:
               Current                                               Corrected                  Difference
               Taxable          Rate            Due         Taxable        Rate     Due
County         $55,000          7.175393        $394.65 $6,400       7.175393       $45.92      $348.73
Medicaid       $55,000          4.402535        $242.14 $6,400       4.402535       $28.18      $213.96
Town           $55,000             3.5575       $195.66 $6,400          3.5575      $22.77      $172.89
FD011          $55,000          1.812271        $ 99.67 $6,400       1.812271       $11.60      $ 88.07
Returned School                                 $493.49 Returned School             $117.33

Total                                         $1,425.61                            $225.80        $1,199.81
VOTE: Passed 8-0.
RESOLUTION NO. 78 Motion by Karius, Second by Bingell.
RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – BEAVER DAMS
        UNITED METHODIST CHURCH, TOWN OF DIX
        WHEREAS, an application for correction of real property taxes has been made in accordance with
Section 556 of the Real Property Tax Law (RPTL) for parcel 104.09-1-12, owned by the Beaver Dams
Methodist Church in the Town of Dix, and
        WHEREAS, the property is owned by a religious organization that is exempt from taxation and special
ad valorem levies and special assessments pursuant to RPTL Section 420-a, and
        WHEREAS, the 2003 county tax bill for this parcel included a relevied school tax of $798.50, and
        WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances
of the alleged error and found that inclusion of this charge on the tax exempt property constitutes an unlawful
entry as defined in RPTL Section 550(7)a, and
        WHEREAS, it is the recommendation of the Director to approve the application.
        NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and
        BE IT FURTHER RESOLVED, that the current tax due, including all fees and penalties accrued be
expunged, and that the County Treasurer chargeback the appropriate amount to the Corning City School
District.
VOTE: Passed 8-0.
RESOLUTION NO. 79 Motion by Karius, Second by Bingell.
RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – HARDICK,
        TOWN OF TYRONE
        WHEREAS, application has been made in accordance with Real Property Tax Law (RPTL) Section for
parcels 28.00-1-14.211 & 28.00-1-14.213, owned by Russell and Patti Hardick, in the Town of Tyrone, and
        WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and
194                                 SCHUYLER COUNTY LEGISLATURE
found that the assessments are erroneous by virtue of the fact that the improvements present on parcel 14.213
were assessed to 14.211, and therefore constitutes an error in essential fact as defined in RPTL Section 550(3)b,
and
        WHEREAS, it is the recommendation of the Director that the application for correction be approved.
        NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved, and
        BE IT FURTHER RESOLVED, that the corrected tax amounts are as follows:
        Russell & Patti Hardick                      28.00-1-14.211          Bill # 361
Current:                                     Corrected:                                           Difference
                Taxable       Rate           Due
County          $89,000       7.101864       $632.07 $20,000 7.101864                $142.04      $490.03
Medicaid        $89,000       4.360388       $388.07 $20,000 4.360388                $87.21       $300.86
Town            $89,000       3.619088       $322.10 $20,000 3.619088                $72.38       $249.72
FD006           $89,000       1.519675       $135.25 $20,000 1.519675                $30.39       $104.86
Returned School                              $1,033.98                               $341.80
Total                                        $2,511.47                               $673.82      $1,837.65
        Russell & Patti Hardick                      28.00-1-14.213          Bill # 363
Current:                                     Corrected:                                           Difference
                Taxable       Rate           Due
County          $4,600        7.101864       $32.67      $60,500 7.101864            $429.66      -$396.99
Medicaid        $4,600        4.360388       $20.06      $60,500 4.360388            $263.80      -$243.74
Town            $4,600        3.619088       $16.65      $60,500 3.619088            $218.95      -$202.30
FD006           $4,600        1.519675       $6.99       $60,500 1.519675            $91.94       -$84.95
Returned School                              $78.61                                  $546.90
Total                                        $154.98                                 $1,551.25    -$1,396.27
        BE IT FURTHER RESOLVED, that the treasurer is hereby authorized to correct the roll and warrant,
and to make the appropriate chargebacks to reflect the corrected amounts as listed for parcel 28.00-1-14.211,
and
        BE IT FURTHER RESOLVED, that the property owners are liable for the current tax of $154.98 for
parcel 28.00-1-14.213 with the remaining $1,396.27 to be assessed as an omitted tax on next year’s roll.
VOTE: Passed 8-0.
RESOLUTION NO. 80 Motion by Bingell, Second by Karius.
RE: AUTHORIZE TRANSFER OF FUNDS FOR PURCHASE OF PRINTER – TREASURER’S OFFICE
        WHEREAS, the Treasurer’s Office is in need of a new printer in the amount of $2,256, and
        WHEREAS, there are no funds available in the equipment line item in the Treasurer’s budget for this
purchase.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
make the following transfers:
AMOUNT          FROM ACCOUNT NO.                     TO ACCOUNT NO.
$1,500.00       1990.500 –Contingency                1325.246-Printer
$ 756.00        1680.208-Computer Equipment          1325.246-Printer
VOTE: Passed 8-0.
RESOLUTION NO. 81 Motion by Larison, Second by Bingell.
RE: MOTION TO RESCIND RESOLUTION NO. 13-05 TITLED “LOCAL LAW INTRO. NO. 5 OF THE
        YEAR 2004/LOCAL LAW NO.               OF THE YEAR 2005 AMENDING LOCAL LAW NO. 2 OF
        1988 TO INCREASE THE ROOM TAX FROM 2% TO 3% - AS AMENDED”
        BE IT RESOLVED, that Resolution No. 13-05 be rescinded.
VOTE: Passed 6-2. Noes: Slusser, Karius.
RESOLUTION NO. 82A Motion by Bleiler, Second by Bingell.
RE: MOTION TO AMEND RESOLUTION NO. 82
        BE IT RESOLVED, that Resolution No. 82 be amended to add Section 2A. CREDIT AGAINST TAX
to read as follows:
                                      PROCEEDINGS OF THE YEAR 2005                                           193
        “2A. CREDIT AGAINST TAX
        There shall be allowed a credit against such tax in the amount of 4% of the tax due to the reflect
administrative expenses of collection and credit card processing charges. This tax credit shall be taken
quarterly on returns in such form as the Schuyler County Treasurer shall provide on quarterly return forms to be
promulgated hereafter. Credit shall be 4% of the total tax due.”
VOTE: Passed 8-0.
DISCUSSION: Legislator Fagan said he thought they were putting this on the table because they had lodging
business owners in support of the Resolution and questioned Legislator Bleiler. Legislator Bleiler responded
that there were four people in favor of moving the effective date to January 1, 2006. The discussion he had
included January 1, 2006, with 4%. If the Legislature agreed to 3% now, then he would move to increase it to
4% next year. Legislator Larison said there are two people in the audience that are opposed to it. He would like
to see it tabled until a proper committee can meet with the lodgers. Legislator Bleiler said any amendments
need to be done tonight or another public hearing will have to be held. Motion by Legislator Slusser to raise the
tax to 3%, no second.
RESOLUTION NO. 82B Motion by Larison, Second by Karius.
RE: MOTION TO TABLE RESOLUTION NO. 82 – FAILED
        BE IT RESOLVED, that Resolution No. 82 be tabled.
DISCUSSION: Legislator Bleiler asked what for the purpose of tabling, it is just setting a date for the public
hearing.
VOTE: Failed 3-5. Noes: Bleiler, Yuhasz, Slusser, Fagan, Gifford.
RESOLUTION NO. 82 Motion by Larison, Second by Bingell.
RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO.                          OF THE YEAR 2005 AMENDING LOCAL
        LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 4% - AS AMENDED
        WHEREAS, the Legislature requested the New York State Legislature to enact Legislation allowing
Schuyler County to increase its Room Tax to 4%, and
        WHEREAS, the State Legislature has granted that request by passing Senate Bill S.3413 and Assembly
Bill A. 7348, which Bills were signed into law, and
        WHEREAS, in order to increase the room tax, Local Law No. 2 of the Year 1988 needs to be amended.
        NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3/Local Law No.                    of the Year
2005 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, 2005 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins
Glen, NY.

                 LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 2005
        Local Law No. 2 of the year 1988 is hereby amended as follows:
        2. IMPOSITION OF TAX
        On and after the first day of January 1, 2006 there is hereby imposed and shall be paid a tax of four (4%)
upon the rent for every occupancy of a room or rooms in a hotel, motel, bed and breakfast or tourist facility
having one or more rooms in this County except that the tax shall not be imposed upon (1) permanent resident,
or (2) exempt organizations as hereinafter set forth.
        2A. CREDIT AGAINST TAX
        There shall be allowed a credit against such tax in the amount of 4% of the tax due to the reflect
administrative expenses of collection and credit card processing charges. This tax credit shall be taken
quarterly on returns in such form as the Schuyler County Treasurer shall provide on quarterly return forms to be
promulgated hereafter. Credit shall be 4% of the total tax due.
        All provisions of Local Law No. 2 of the year 1988 not amended hereby shall remain in full force and
effect.
        This Local Law shall take effect upon filing in the office of the Secretary of State as provided by the
Municipal Home Rule Law.
VOTE: Passed 5-3. Noes: Larison, Bingell, Karius.
194                                   SCHUYLER COUNTY LEGISLATURE
RESOLUTION NO. 83 Motion by Larison, Second by Bingell.
RE: MOTION TO BRING FOUR (4) RESOLUTIONS TO THE FLOOR
         BE IT RESOLVED, that four (4) Resolutions be brought to the floor.
VOTE: Passed 8-0.
RESOLUTION NO. 84 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE AMENDMENT TO LEASE AGREEMENT WITH SCHUYLER COUNTY
         INDUSTRIAL DEVELOPMENT AGENCY (SCIDA)
         WHEREAS, Schuyler County has a lease agreement with SCIDA which provides for the leasing of
1.033 acres of lakefront property for public park lands expiring on June 30, 2013, and
         WHEREAS, the Legislature wishes to extend the lease agreement with SCIDA for another five years.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign an amendment to the lease agreement with SCIDA for another five years, making the agreement’s
expiration date June 30, 2018; subject to approval by the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 85 Motion by Bingell, Second by Bleiler.
RE: APPOINTMENT – CHAMBER OF COMMERCE BOARD OF DIRECTORS
         BE IT RESOLVED, the Schuyler County Legislature hereby approve the appointment of Thomas M.
Gifford to the Chamber of Commerce Board of Directors to fill the un-expired term of Michael A. Yuhasz
through December 31, 2006.
VOTE: Passed 8-0.
RESOLUTION NO. 86 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE FILLING VACANT TYPIST/KEYBOARD SPECIALIST POSITION IN SOCIAL
         SERVICES
         WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
         WHEREAS, one of the Department’s Typist/Keyboard Specialist positions will become vacant February
20, 2005 due to the incumbent having been promoted to Senior Data Entry Operator, and
         WHEREAS, this position is vital for the continued effective operation of the Department since this
position acts as one of the two Receptionists for the Department, and
         WHEREAS, in 2004, there were 11,664 people who were seen by the Receptionists, and the
Receptionists took 32,476 telephone calls, which is beyond the capability of one person to handle, and
         WHEREAS, this position is approximately 75% reimbursed by the federal and state governments, and
         WHEREAS, funding for this position has been included in the Department’s 2005 budget, account no.
6010.100-Personal Services.
         NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Social Services be authorized to
fill the vacant Typist/Keyboard Specialist position effective February 21, 2005 at Grade II at $11.25 an hour.
VOTE: Passed 8-0.
RESOLUTION NO. 87 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE AGREEMENT WITH ADVANTAGE ENERGY, INC. FOR ELECTRICITY –
         BUILDINGS AND GROUNDS
         WHEREAS, Resolution No. 216–01 authorized an inter-municipal agreement with Municipal Electric
and Gas Alliance (MEGA), and
         WHEREAS, the County of Tompkins and other municipalities authorized the Municipal Electric and
Gas Alliance (“MEGA”) to bid for electricity on their behalf, and
         WHEREAS, Advantage Energy, Inc., was the lowest responsible bidder, and,
         WHEREAS, MEGA has entered into a program with Advantage Energy, Inc., and
         WHEREAS, Section 408-a of the County Law authorizes a County to include in any purchase contract
awarded to the lowest responsible bidder authorization permitting any political subdivision in the State to
participate, and
         WHEREAS, the County of Tompkins pursuant to Section 408-a authorized all other political
subdivisions in the State to participate in the contract.
                                       PROCEEDINGS OF THE YEAR 2005                                         193
        NOW, THEREFORE, BE IT RESOLVED, that Schuyler County hereby authorizes the Chairman of the
Legislature to enter into a customer agreement with Advantage Energy, Inc., for electricity; subject to approval
of the Schuyler County Attorney.
VOTE: Passed 8-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
        Legislator Larison said he received a phone call from Senator Winner’s office today that the possibility
of obtaining property on Sugar Hill for a radio tower has been sent back to the Department of Environmental
Conservation to see if they will transfer the land to us.
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 7:26 p.m.
               Stacy B. Husted, Deputy Clerk
               Heather L. Lodge, Personal Secretary

                                            SPECIAL MEETING
                                            FEBRUARY 28, 2005

        The February 28, 2005 Special Meeting of the Schuyler County Legislature was called to order at 9:30
a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment
of Silence. All Legislators were present except Legislator Bleiler who was excused. Assistant County Attorney
Morris was excused.
PUBLIC PARTICIPATION: None.
PUBLIC HEARING ON LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 2005
AMENDING LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE
(FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE):
        Chairman Gifford explained the handout (on file) in some detail. Legislator Fagan asked about the
Padua property. Barbara Halpin, Empire Zone Coordinator, said they are still waiting to hear how much
acreage will be left. The owner proposed to put in three buildings last year, but now is proposing to put in two
more. They need a final acreage number. Legislator Fagan asked about Highland Cellars. Barbara said again,
they are waiting on some final numbers on that. This is basically a worksheet. This public hearing will keep
the project moving along. The local law determines the effective date so that is why they are having the public
hearing because it will keep it on a 30-day timeline. We are still going to try to be done by March 31 st.
Chairman Gifford said there is a group that is going to Albany to lobby on Wednesday from Tompkins County.
PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 2005
SETTING THE SALARY FOR THE BUDGET OFFICER:
        Legislator Larison asked if this salary would be pro-rated. Chairman Gifford said yes. Legislator
Slusser said there is a need for a Budget Officer. The Clerk read a letter from Professor Sinclair regarding the
performance based budget process for this year. Legislator Slusser said he could turn that project over to the
Administrator when he or she is on board.
RESOLUTION NO. 88 Motion by Larison, Second by Bingell.
RE: RATIFICATION OF SPECIAL MEETING
        BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon
the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the
following items of business:
        1.     LOCAL LAW INTRO. NO.1/LOCAL LAW NO. OF THE YEAR 2005 AMENDING
               LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY
               KNOWN AS AN ECONOMIC DEVELOPMENT ZONE)
        2.     LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 2005 SETTING THE
               SALARY FOR THE BUDGET OFFICER
        3.     AUTHORIZE FILLING HUMAN RESOURCES CLERK POSITION
194                                    SCHUYLER COUNTY LEGISLATURE
VOTE: Passed 7-0.
WITHDRAWN
RE: LOCAL LAW INTRO. NO.1/LOCAL LAW NO. OF THE YEAR 2005 AMENDING LOCAL LAW
        NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN
        ECONOMIC DEVELOPMENT ZONE) - WITHDRAWN
        WHEREAS, a proposed Local Law Amending Local Law No. 2 of the Year 2004 to Revise an Empire
Zone (Formerly Known as an Economic Development Zone) was heretofore introduced and appropriate notice
established in the official newspaper regarding a public hearing to be held February 28, 2005 at 9:30 a.m., and
        WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this
Legislature has duly considered the adoption and passage of said Local Law.
        NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. of the Year
2005, 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.             of the Year 2005, together with
the required text thereof in the official county newspaper.
                   LOCAL LAW INTRO. NO. 1/LOCAL LAW NO.                          OF THE YEAR 2005
        BE IT ENACTED, by the Schuyler County Legislature of the County of Schuyler, New York, as
follows:
        Section 1.      By Local Law No. 12-2000, this Legislature authorized an applicant for the designation
                        of an Economic Development Zone relative to certain land within Schuyler County.
        Section 2.      That Local Law No. 1-2001, adopted January 30, 2001, amended Local Law 12-2000.
        Section 3.      That the County of Schuyler has received Economic Development Zone approval from
                        New York State.
        Section 4.      By Local Law No. 1-2003, adopted on February 27, 2003, the Economic Development
                        Zone was expanded.
        Section 5.      By Local Law No. 2-2004, adopted on June 14, 2004, amended Local Law 1-2003.
        Section 6.      It is the desire of this Legislature to authorize an application to revise the Economic
                        Development Zone, now called an Empire Zone, to include _____ acres located in
                        Schuyler County and _____acres located in Tompkins County.
        Section 7.      The County of Schuyler is hereby authorized to submit an application to revise the
                        Empire Zone to include the property described in Section 7 of this Local Law.
        Section 8.      The boundary of the Empire Zone, as described in Local Law No. 12-2000, Local Law
                        No. 1-2001, and Local Law 1-2003, shall be expanded to include the properties generally
                        described In Appendix A attached:
        Section 9.      The Commissioner of the New York State Department of Economic Development is
                        hereby requested to revise the boundaries of the Empire Zone in accordance with this
                        Local Law.
        Section 10.     In all other respects, Local Law No. 12-2000, Local Law No. 1-2001, Local Law No. 1-
                        2003, and Local Law No. 2-2004, shall remain in full force and effect.
        Section 11.     This Local Law shall take effect upon filing in the Office of the Secretary of State.
RESOLUTION NO. 89 Motion by Bingell, Second by Yuhasz.
RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO.                          OF THE YEAR 2005 SETTING THE SALARY
        FOR THE BUDGET OFFICER
        WHEREAS, a proposed Local Law Setting the Salary for the Budget Officer was heretofore introduced
and appropriate notice established in the official newspaper regarding a public hearing to be held February 28,
2005 at 9:35 a.m., and
        WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this
Legislature has duly considered the adoption and passage of said Local Law.
        NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2/Local Law No. of the Year
2005, 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
                                       PROCEEDINGS OF THE YEAR 2005                                         193
passage, enactment and adoption of Local Law Intro. No. 2/Local Law No.              of the Year 2005, together
with the required text thereof in the official county newspaper.
                 LOCAL LAW INTRO. NO. 2/LOCAL LAW NO.                       OF THE YEAR 2005
        A Local Law Setting the Salary for Budget Officer.
        Be it enacted by the Legislature of the County of Schuyler as follows:
        1.      Effective within 45 days hereof, the adjustment of salary for the Budget Officer shall be in the
amount of $3,000 effective January 1, 2005.
        2.      This Local Law shall take effect upon filing in the Office of the Secretary of State.
VOTE: Passed 5-1. No: Larison. Abstain: Slusser.
RESOLUTION NO. 90 Motion by Larison, Second by Bingell.
RE: AUTHORIZE FILLING HUMAN RESOURCES CLERK POSITION
        WHEREAS, the Human Resources Clerk Certification of Eligibles list has been established and the
incumbent is not reachable on the list, and
        WHEREAS, the appointing authority must hire from the list no later than 60 days from the list being
established, and
        WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions.
        NOW, THEREFORE, BE IT RESOLVED, that the Clerk to the Legislature (Human Resources Manager)
be hereby authorized to fill the Human Resources Clerk position, Grade B of the Management/Confidential Salary
Plan, with a hiring range of $24,040 to $30,366, funding available in the 2005 budget.
VOTE: Passed 7-0.
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 9:52 a.m.
                Gail M. Hughey, Clerk
                Heather L. Lodge, Personal Secretary

                                            SPECIAL MEETING
                                              MARCH 9, 2005

        The March 9, 2005 Special Meeting of the Schuyler County Legislature was called to order at 10:30
a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment
of Silence. All Legislators were present. County Attorney Coleman was also present.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 91 Motion by Larison, Second by Yuhasz.
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 APPOINTMENT – SCHUYLER COUNTY ADMINISTRATOR
VOTE: Passed 8-0.
RESOLUTION NO. 92 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE APPOINTMENT – SCHUYLER COUNTY ADMINISTRATOR
        WHEREAS, Local Law No. 3 of the year 1999 established the office of County Administrator for
Schuyler County.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoints Timothy M. O’Hearn
as Schuyler County Administrator for the term April 11, 2005 through December 31, 2006 at an annual salary
of $79,500.
VOTE: Passed 8-0.
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 10:37 a.m.
               Gail M. Hughey, Clerk
               Stacy B. Husted, Deputy Clerk
194                                 SCHUYLER COUNTY LEGISLATURE

                                            REGULAR MEETING
                                              MARCH 14, 2005

         The March 14, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Acting Chairman Karius. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a
Moment of Silence. All Legislators were present, except Chairman Gifford who was excused. County
Attorney Coleman was also present.
PUBLIC PARTICIPATION:
         Benjamin Dickens, Town of Hector Supervisor, spoke on behalf of the Town Supervisors and Village
Mayors. He read a letter addressed to the Legislature expressing their disappointment about the discussion on
redistribution of sales tax to the towns and villages. (See letter on file in the Legislative Office.) If this
discussion continues, they will make sure their presence is known more often at Legislature meetings. They did
receive the letter from the Legislative Chairman Gifford stating that there is no action to be taken at this time
and that it is not on the agenda for discussion or action tonight.
         Robert Lee, Mayor of the Village of Watkins Glen, said along with the sales tax discussion there is a
rumor that there is discussion on a county-wide court. He expressed the Village of Watkins Glen’s opposition
to this idea.
         Mary Simiele handed out a resolution from the Schuyler County Lodging Association. She read the
resolution aloud. (See Resolution on file.)
         Teri Rimmers from the Magnolia Place said they have done some research for legislators to have before
their next meeting in April. (See research on file.) Tourism is their main concern and they are willing to help
the county promote it. They appreciate the legislators help and hope that they review the handout.
         Judy Lampman said she wished she was more aware of the sales tax discussion the town supervisors
mentioned earlier. She feels this meeting is their only opportunity to have a public forum. She read a letter
from the President of the statewide lodging association. It discussed sales, room and other taxes. They feel
travelers consider price before anything else when visiting. She read some statistics about increased taxes.
Studies show that a tax increase will cause about a 2.4 reduction in room sales in visitor spending. They
encourage the Legislature to not raise the room tax.
         Monte Stamp, Town of Reading Supervisor, said if the Legislature takes away our sales tax, there will
be an increase in town taxes that would be a considerable high amount.
         Martin Roberts, Town of Reading Highway Superintendent, said he is here to represent the Town
Highway Superintendent’s Association members. He realizes that a majority of the town’s budget goes to
highway and maintenance of roads. The Legislature needs to know that if the towns lose their sales tax they
would have to make it up somewhere. Either the Legislature raises the property taxes or the town does. He
feels the towns are champions of doing more with less.
         Anne Meehan, bookkeeper for the Town of Reading, said in 2004, as Monte indicated, without sales tax
there would be an increase of 106% in town taxes. She explained that the sales tax takes care of wages and
benefits for the highway department in the Town of Reading. With the 2005 budget, it would be a 135%
increase. They feel they are keeping a close watch on their spending.
         Cedric Stewart, Town of Orange Supervisor, said this is not a case of them against the Legislature.
Let’s explore first without secrets. He feels Legislators should be keeping the towns up to date on the county
activities.
         Dianne Overheiser, Village of Montour Falls Mayor, agreed with most of the comments and on a
personal level, would like to see a legislator at their board meetings every month. That way they could hear
news first hand, not as rumors.
         Bob Lee, Village of Watkins Glen Mayor, explained the reason the towns and villages all got together
on this was because they are not happy with things being done behind their back. The mortgage tax increase
was not communicated to them. That lit the fire and the discussion of the redistribution of sales tax added to it.
Sales tax is based on assessed value and does not feel the Village of Watkins Glen gets their fair share now,
                                       PROCEEDINGS OF THE YEAR 2005                                           193
especially with Walmart. He asked that the Legislature involve the municipalities if this issue to going to be
discussed further.
        Legislator Slusser clarified to the public that they did not take a bigger mortgage tax portion from the
towns. They increased the fee to the County Clerk’s office, which collects it. He does not feel they have done
something devious. The atmosphere for further discussion of the sales tax is obviously poisoned now and it is
not on any agenda for discussion or action.
        Judy Lampman said she came across some articles from the Governor’s office regarding the exploring
of the Empire Zones in June 2002. Chairman Gifford made a statement about the Empire Zones enabling the
county to become competitive with other counties. Judy said they now know the Empire Zones have failed
until they are renewed. We, as a lodging industry, have said we need a competitive edge. She read other
articles from the Star Gazette. She again talked about the job situation in Schuyler County and the business
climate on Franklin Street being good. She read from many articles. The Business Improvement District (BID)
is taxing business owners in the Village of Watkins Glen too. Grant funds have been spent to study things.
Many businesses have gone under while the lodging industry is on the brink of collapsing. She feels if this
continues to happen, it would further diminish the sales tax revenue.
        Angie Franzese commented on the amount of money in the fund balance, feeling the county is in good
fiscal shape. Considering that, she questioned why they would be looking at redistribution of sales tax with the
municipalities.
        Legislator Fagan said that there has not been one decent discussion about sales tax and the redistribution
thereof on the Legislature. There is a legislator that feels the idea takes it from one pocket to the other.
        Mary Simiele feels that it does not matter how many petitions are signed or how many opponents show
up at these meetings, the increase in room tax will pass anyway. She reminded the Legislature that the
constituents are who put you all in office.
7:00 P.M. ENVIRONMENTAL MANAGEMENT COUNCIL 2004 ANNUAL REPORT BY RICHARD
OWLETT:
        Mr. Owlett, Chairman of the Environmental Management Council (EMC), presented the EMC’s 2004
Annual Report. In 2004, Legislator Fagan became an active participant and the committee is aware of the
Legislature’s actions and vice versa. In 2004 they had a number of speakers at their meetings. EMC is made up
of a wide variety of volunteers representing the entire county. (See annual report on file in the Legislative
Office.)
RESOLUTION NO. 93 Motion by Larison, Second by Fagan.
RE: AUTHORIZE FILLING TWO VACANT PART-TIME DEPUTY SHERIFF POSITIONS –
        SHERIFF’S DEPARTMENT
        WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
        WHEREAS, there are two (2) part-time Deputy Sheriff positions vacant in the Schuyler County
Sheriff’s Department, and
        WHEREAS, there is a new civil service list to select from with trained personnel on the list.
        NOW, THEREFORE, BE IT RESOLVED, that Sheriff of Schuyler County is hereby authorized to fill
the two (2) part-time Deputy Sheriff positions, at a rate of $12.37 an hour, which will have no impact on the
budget.
VOTE: Passed 7-0.
RESOLUTION NO. 94 Motion by Larison, Second by Fagan.
RE: AUTHORIZE GRANT APPLICATION FOR THE EMERGENCY MANAGEMENT
        PERFORMANCE GRANT – EMERGENCY MANAGEMENT
        WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for
assistance under the Emergency Management Performance Grant for Federal Fiscal Year 2005 (FFY05), and
        WHEREAS, this grant provides matching funds to offset current budgeted expenses for certain
personnel and administrative functions associated with our local emergency management program, and
        WHEREAS, the tentative FFY05 allocation for Schuyler County under this planning program is $8,439.
194                                 SCHUYLER COUNTY LEGISLATURE
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all documents relative to the aforementioned grant funds with the State Emergency Management
Office; said documents subject to approval by the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 95 Motion by Larison, Second by Fagan.
RE: AUTHORIZE AGREEMENT WITH TECHNOLOGY SOLUTIONS, INC. FOR CHILD CARE
        IMAGING AND BILL PROCESSING – SOCIAL SERVICES
        WHEREAS, the Department has been awarded a state grant in the amount of $65,000 for hardware and
software to support imaging of child care subsidy client documents as well as the procurement of hardware and
software to process child care payments, and
        WHEREAS, the Department manually processes client documents and payments now, and
        WHEREAS, the utilization of the hardware and software to be purchased by this grant will significantly
enhance worker productivity, effectiveness and efficiency, and
        WHEREAS, there are no local funds necessary for this project in 2005 but there may be a local share for
annual maintenance and update costs starting in 2006 in an amount of $5,000 to $10,000 (0-35% local share
estimate), and
        WHEREAS, funding for this project has been included in the Department’s 2005 budget account no.
6010.435, and
        WHEREAS, the funds must be spent by July 31, 2005.
        NOW, THEREFORE, BE IT RESOLVED that the Chairman of the Legislature be authorized to sign a
contract with Technology Solutions, Inc., in an amount not to exceed $65,000 for the purchase of hardware and
software to image child care subsidy client documents and process child care payments, for the term of March
15, 2005 through September 30, 2005; subject to availability of state grant funds and approval by the County
Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 96 Motion by Bingell, Second by Larison.
RE: AMEND RESOLUTION NO. 176-04 TO CHANGE THE TITLE OF BENEFITS
        MANAGER/DEPUTY HUMAN RESOURCES MANAGER TO HUMAN RESOURCES
        ADMINISTRATOR – BENEFITS MANAGER
        WHEREAS, the Personnel Officer of Schuyler County has deemed that the title of Benefits
Manager/Deputy Human Resources Manager should be changed to Human Resources Administrator-Benefits
Manager, and
        WHEREAS, Resolution No. 176-04 acknowledged the title of Benefits Manager/Deputy Human
Resources Manager, and also the grade and pay for the position.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby amend Resolution No. 176-04 to
acknowledge this change of title only, retroactive to January 1, 2005, and
        BE IT FURTHER RESOLVED, that the Human Resources Administrator-Benefits Manager has the
authority to act for the Clerk of the Legislature/Human Resources Manager only in the area of Human
Resources matters.
VOTE: Passed 7-0.
WITHDRAWN
RE: AUTHORIZE CORRECTION FOR INSURANCE BUY-OUT OFFER FOR 2004 - WITHDRAWN
        WHEREAS, Legislator Yuhasz has indicated that he was not notified of the 2004 Insurance Buy-Out
renewal, and
        WHEREAS, the Legislature is desirous of correcting this error for the year 2004.
        NOW, THEREFORE, BE IT RESOLVED, that the Human Resources Office be authorized to allow
Legislator Michael A. Yuhasz to submit the necessary paperwork and required documentation for the insurance
buy-out for the year 2004.
RESOLUTION NO. 97 Motion by Bingell, Second by Larison.
RE: AUTHORIZE CONTRACT EXTENSION WITH THE OFFICE OF NEW YORK STATE PARKS,
        RECREATION AND HISTORICAL PRESERVATION – BUILDINGS & GROUNDS
                                      PROCEEDINGS OF THE YEAR 2005                                       193
        WHEREAS, Resolution 58-03 authorizes a contract for New York State Clean Water/Clear Air Act
Funds for Seneca Harbor Park that was to expire March 31, 2005, and
        WHEREAS, said funds were used for Seneca Harbor Park Phase II construction, and
        WHEREAS, Phase II construction came in under budget, and
        WHEREAS, the New York State Parks, Recreation and Historical Preservation has approved the use of
the remaining funds to be used on Seneca Harbor Park Phase II work to be done this summer.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a
grant contract extension to expire December 31, 2005 with the Office of New York State Parks, Recreation and
Historical Preservation; subject to approval of the County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 98 Motion by Bingell, Second by Larison.
RE: AUTHORIZE ADVERTISEMENT FOR QUOTES ON WATER SUPPLY CHANGES IN THE
        COURTHOUSE COMPLEX - BUILDINGS AND GROUNDS
        WHEREAS, Resolution No. 133-03 authorized engineering work to be done by Hunt Engineers,
Architects and Surveyors, and
        WHEREAS, the engineering work has been completed with the New York State Department of Health
approvals, and
        WHEREAS, funding for said project is available in the 2005 budget capital account no. 004.0004-0878.
        NOW, THEREFORE, BE IT RESOLVED, that the Buildings Maintenance Supervisor be hereby
authorized to advertise for said work to be done.
VOTE: Passed 7-0.
RESOLUTION NO. 99 Motion by Slusser, Second by Bingell.
RE: ACCEPT/REJECT BIDS FOR ASPHALT EMULSIONS – HIGHWAY DEPARTMENT
        WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the
second, and final year of a two-year contract renewal option for Asphalt Emulsions, and
        WHEREAS, the following bidders have agreed in writing to extend the original agreement under the
same terms and conditions. The contract period shall be April 1, 2005 through March 31, 2006.
        NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accept the following bid extensions:
                                      Vestal Asphalt
                                      210 Stage Road
                                      Vestal, NY 13850

                                    Central Asphalt
                                    20 Fairground Lane
                                    Watkins Glen, NY 14891

                                     Penn Can Asphalt
                                     PO Box 6501
                                     Syracuse, NY 13217
      Copies of these bids are available for inspection at the Highway Office.
VOTE: Passed 7-0.
RESOLUTION NO. 100 Motion by Slusser, Second by Bingell.
RE: ACCEPT/REJECT BIDS FOR BITUMINOUS CONCRETE ASPHALT – HIGHWAY
       DEPARTMENT
       WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the
second and final year of a two-year contract renewal option for Bituminous Concrete Asphalt, and
       WHEREAS, the following bidders have agreed in writing to extend the original agreement under the
same terms and conditions. The contract period shall be April 1, 2005 through March 31, 2006.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accept the following bid extensions:
194                              SCHUYLER COUNTY LEGISLATURE
                            Hanson Aggregates BRD
                            Hanson Aggregates Oaks Corners
                            PO Box 231
                            Easton, Pa 18044-0231, and

                             Seneca Stone
                             Box 76, CR 121
                             Fayette, NY 13065
      Copies of these bids are available for inspection at the Highway Office.
VOTE: Passed 7-0.
RESOLUTION NO. 101 Motion by Slusser, Second by Bingell.
RE: ACCEPT/REJECT BIDS FOR COLD MIX STOCK PILE PATCHING MATERIAL – HIGHWAY
       DEPARTMENT
      WHEREAS, Resolution No. 32-05 authorized the advertising for bids for furnishing of materials for the
Highway Department, and
      WHEREAS, said advertisement was made, bids were received and opened on February 17, 2005.
      NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accept the following bids:
                                     Vestal Asphalt
                                     210 Stage Road
                                     Vestal, NY 13850

                                    Suit-Kote
                                    Central Asphalt
                                    20 Fairground Lane
                                    Watkins Glen, NY 14891

                                     Seneca Stone
                                     PO Box 76
                                     Fayette, NY 13065
      Copies of these bids are available for inspection at the Highway Office.
VOTE: Passed 7-0.
RESOLUTION NO. 102 Motion by Slusser, Second by Bingell.
RE: ACCEPT/REJECT BIDS FOR GALVANIZED PIPE, FLARED END SECTIONS – HIGHWAY
       DEPARTMENT
      WHEREAS, Resolution No. 32-05 authorized the advertising for bids for furnishing of materials for the
Highway Department, and
      WHEREAS, said advertisement was made, bids were received and opened on February 17, 2005.
      NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accept the following bids:
                                     Chemung Supply
                                     PO Box 527
                                     Elmira, NY 14902

                                   Lane Enterprises, Inc.
                                   PO Box 711
                                   Bath, NY 14810
    Copies of these bids are available for inspection at the Highway Office
VOTE: Passed 7-0.
RESOLUTION NO. 103 Motion by Slusser, Second by Bingell.
                                     PROCEEDINGS OF THE YEAR 2005                                        193
RE: ACCEPT/REJECT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SAND & SELECT
       GRANULAR FILL – HIGHWAY DEPARTMENT
       WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the
second and final year of a two-year contract renewal option for Gravel, Sand & Select Granular Fill, and
       WHEREAS, the following bidders have agreed in writing to extend the original agreement under the
same terms and conditions. The contract period shall be April 1, 2005 through March 31, 2006.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accept the following bid extensions:
       Hanson Aggregates BRD, Inc.                          Morgan Logging
       P.O. Box 231                                         2427 ST 228
       Easton, Pa. 18044-0231, and                          Odessa, NY 14869

       Knight Settlement
       PO Box 191, Knight Settlement Road
       Bath, NY 14810, and
      Copies of these bids are available for inspection at the Highway Office.
VOTE: Passed 7-0.
RESOLUTION NO. 104 Motion by Slusser, Second by Bingell.
RE: ACCEPT/REJECT BIDS FOR GUIDERAIL – HIGHWAY DEPARTMENT
       WHEREAS, Resolution No. 32-05 authorized the advertising for bids for furnishing of materials for the
Highway Department, and
       WHEREAS, said advertisement was made, bids were received and opened on February 17, 2005.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accept the following bid:
ONLY BID RECEIVED
                              Chemung Supply Corporation
                              PO Box 527
                              Elmira, NY 14902
      Copies of these bids are available for inspection at the Highway Office.
VOTE: Passed 7-0.
RESOLUTION NO. 105 Motion by Slusser, Second by Bingell.
RE: ACCEPT/REJECT BIDS FOR ICE CONTROL SAND – HIGHWAY DEPARTMENT
       WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the
second and final year of a two-year contract renewal option for Ice Control Sand, and
       WHEREAS, the following bidders have agreed in writing to extend the original agreement under the
same terms and conditions. The contract period shall be April 1, 2005 through March 31, 2006.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accept the following bids:
ALL BIDS ACCEPTED
                              Hanson Aggregates BRD, Inc.
                              P.O. Box 231
                              Easton, Pa. 18044-0231, and

                            Seneca Stone
                            P.O. Box 76
                            Fayette, NY 13065

                            Narde Paving
                            234 Breesport Road
                            Horseheads, NY 14845
194                                 SCHUYLER COUNTY LEGISLATURE
                              Knight Settlement
                              PO Box 191, Knight Settlement Road
                              Bath, NY 14810
      Copies of these bids are available for inspection at the Highway Office.
VOTE: Passed 7-0.
RESOLUTION NO. 106 Motion by Slusser, Second by Bingell.
RE: ACCEPT/REJECT BIDS FOR CRUSHED STONE (LIMESTONE) CRUSHED GRAVEL –
       HIGHWAY DEPARTMENT
       WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the
second and final year of a two-year contract renewal option for Crushed Stone (Limestone) Crushed Gravel, and
       WHEREAS, the following bidders have agreed in writing to extend the original agreement under the
same terms and conditions. The contract period shall be April 1, 2005 through March 31, 2006.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accept the following bid extensions:
                              Hanson Aggregates, Inc.
                              P.O. Box 231
                              Easton, Pa. 18044-0231, and

                             Seneca Stone
                             P.O. Box 76
                             Fayette, NY 13065
      Copies of these bids are available for inspection at the Highway Office.
VOTE: Passed 7-0.
RESOLUTION NO. 107 Motion by Slusser, Second by Bingell.
RE: ACCEPT/REJECT BIDS FOR PAVEMENT MARKINGS – HIGHWAY DEPARTMENT
       WHEREAS, Resolution No. 32-05 authorized the advertising for bids for furnishing of materials for the
Highway Department, and
      WHEREAS, said advertisement was made, bids were received and opened on February 17, 2005.
      NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accept the following bid from:
                     M & S Stripping Co.
                     134 Florence Street
                     Mamaroneck, NY 10543
      BE IT FURTHER RESOLVED, that the following bids be rejected:
                     Zebra Paint Stripping
                     365 Second Street
                     N. Hornell, NY 14843

                      Accent Stripe Inc.
                      3275 N. Benzing Road
                      Orchard Park, NJ 14127
       Copies of these bids are available for inspection at the Highway Office.
VOTE: Passed 7-0.
RESOLUTION NO. 108 Motion by Slusser, Second by Bingell.
RE: ACCEPT/REJECT BIDS FOR READY MIX CONCRETE, CONCRETE RETAINING WALL
       BLOCKS – HIGHWAY DEPARTMENT
       WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the
second and final year of a two-year contract renewal option for Ready Mix Concrete, Concrete Retaining Wall
Blocks, and
       WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same
terms and conditions. The contract period shall be April 1, 2005 through March 31, 2006.
                                      PROCEEDINGS OF THE YEAR 2005                                      193
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accept the following bid extension:
                              Hanson Aggregates BRD, Inc.
                              P.O. Box 231
                              Easton, Pa. 18044-0231, and
       Copies of these bids are available for inspection at the Highway Office.
VOTE: Passed 7-0.
RESOLUTION NO. 109 Motion by Slusser, Second by Bingell.
RE: ACCEPT/REJECT BIDS FOR SIGNS, SIGN POSTS, EXTENSIONS AND SIGN BLANKS –
       HIGHWAY DEPARTMENT
       WHEREAS, Resolution No. 32-05 authorized the advertising for bids for furnishing of materials for the
Highway Department, and
       WHEREAS, said advertisement was made, bids were received and opened on February 17, 2005.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accept the following bids for:
Sign Posts and Extensions:
                              Chemung Supply
                              PO Box 527
                              Elmira, NY 14902
Signs and Sign Blanks:
                              Rocal Inc.
                              PO Box 640
                              Frankfort, Ohio 45628
       BE IT FURTHER RESOLVED, that the following bid be rejected:
                              Eberl Iron
                              128 Sycamore Street
                              Buffalo, NY 14204-1492
       Copies of these bids are available for inspection at the Highway Office.
VOTE: Passed 7-0.
RESOLUTION NO. 110 Motion by Slusser, Second by Bingell.
RE: ACCEPT/REJECT BIDS FOR STEEL PIPE, POLYETHYLENE PIPE, GABION BASKETS, STEEL
       PLATE & SHOP STEEL – HIGHWAY DEPARTMENT
       WHEREAS, Resolution No.32-05 authorized the advertising for bids for furnishing of materials for the
Highway Department, and
       WHEREAS, said advertisement was made, bids were received and opened on February 17, 2005.
       NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accept the following bids for:
Polyethylene Pipe
Used Shop Steel
                              Chemung Supply Corporation
                              PO 527
                              Elmira, NY 14902
And for Used Steel Pipe:
                              Chemung Supply Corporation
                              PO Box 527
                              Elmira, NY 14902
                              Items 2,3,4,5,6,7,8,9,10 & 17 Only

                            Allegany Pipe & Tubular Products
                            2954 CR 22
                            Andover, NY 14806
194                              SCHUYLER COUNTY LEGISLATURE
                           Items: 1,11,12,13,14,15,16,18,19,20,21 & 22 Only
And for Used Bridge Shop Steel:
                           Chemung Supply Corporation
                           PO 527
                           Elmira, NY 14902
                           Items 1, 2, 4, 5, 6, & 7

                               Allegany Pipe & Tubular Products
                               2954 CR 22
                               Andover, NY 14806
                               Items: 1 & 3
         Copies of these bids are available for inspection at the Highway Office.
VOTE: Passed 7-0.
RESOLUTION NO. 111 Motion by Slusser, Second by Bingell.
RE: ACCEPT/REJECT BIDS FOR TREE REMOVAL – HIGHWAY DEPARTMENT
        WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the
second and final year of a two-year contract renewal option for Tree Removal, and
        WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same
terms and conditions. The contract period shall be April 1, 2005 through March 31, 2006.
        NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accept the following bid extension:
                               Lake to Lake Tree Service
                               1652 Oakleaf Lane
                               Penn Yan, NY 14527
       Copies of this bid are available for inspection at the Highway Office.
VOTE: Passed 7-0.
RESOLUTION NO. 112 Motion by Bingell, Second by Yuhasz.
RE: ACCEPT BID FOR ONE (1) SHOULDER WIDENER – HIGHWAY DEPARTMENT
        WHEREAS, the Highway Department is in need of a Shoulder Widener, and
        WHEREAS, advertisement for bids of the same where made and opened at the Bid Opening on March
8, 2005.
        NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Schuyler County Highway
Superintendent, the Schuyler County Legislature accept the following bid from Gateway Equipment
Corporation in the amount of $81,325; funds available in the 2005 budget account number 5130.299.
        BE IT FURTHER RESOLVED, that all other bids be rejected with a letter of appreciation for their
participation.
VOTE: Passed 7-0.
RESOLUTION NO. 113 Motion by Bingell, Second by Yuhasz.
RE: ACCEPT BID FOR ONE (1) FOUR WHEEL DRIVE LOADER – HIGHWAY DEPARTMENT
        WHEREAS, the Highway Department is in need of a Four Wheel Drive Loader, and
        WHEREAS, advertisement for bids of the same where made and opened at the Bid Opening on March
8, 2005.
        NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Schuyler County Highway
Superintendent, the Schuyler County Legislature accept the following bid from Five Star Equipment in the
amount of $139,875.00; funding available in the 2005 budget account number 5130.299.
        BE IT FURTHER RESOLVED, that all other bids be rejected with a letter of appreciation for their
participation.
VOTE: Passed 7-0.
RESOLUTION NO. 114 Motion by Bingell, Second by Yuhasz.
RE: RESOLUTION URGING INCREASED FUNDING TO THE CONSOLIDATED HIGHWAY
        IMPROVEMENT PROGRAM (CHIPS) – HIGHWAY DEPARTMENT
                                        PROCEEDINGS OF THE YEAR 2005                                            193
         WHEREAS, local governments are responsible for eighty five percent of the State’s 110,000 miles of
roadways, and are also responsible for fifty percent of the State’s 18,000 bridges, and
         WHEREAS, the Governor’s New York State Executive Budget 2005-2006 proposes the program remain
flat at the 2004-05 level of $35M in County/NYC Consolidated Highway Improvement Funds (CHIPS), and
         WHEREAS, the 2004/05 adopted state budget restored the $35M in county/NYC CHIPS funding, and
         WHEREAS, because of the restored funds, county highway departments were able to repair important
components of the local transportation system, and purchase necessary highway equipment and materials, and
         WHEREAS, the proposed 2005/06 Executive Budget Proposal proposes no increase for CHIPS funding
to account for the dramatic inflationary increases in the cost of fuel, equipment and material, and
         WHEREAS, CHIPS is a unique form of a block grant in transportation financing providing critical
transportation funding to over 1,600 units of local government in New York State.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby goes on record
urging the State Legislature to support a $100 Million increase to bring the CHIPS funding level to parity with
today’s increased costs, and
         BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges the State to index these
funds as part of the state’s multi-year capital plan so that local governments can budget and properly plan to
address the deficiencies in the local transportation system, and
         BE IT FURTHER RESOLVED, that the Schuyler County Legislature shall forward copies of this
Resolution to Governor George E. Pataki, Assemblyman Thomas F. O’Mara, Senator George H. Winner, Jr.
and all others deemed necessary and proper.
VOTE: Passed 7-0.
RESOLUTION NO. 115 Motion by Bingell, Second by Larison.
RE: RESOLUTION URGING THE INCREASE IN CRITICAL MARCHISELLI HIGHWAY AND
         BRIDGE FUNDING
         WHEREAS, the Marchiselli Funding Program is the State component of a successful Federal, State,
Local partnership delivering transportation improvements on the local highway system, and
         WHEREAS, the Federal Transportation Program has grown over the past 5 years, and the number of
Federal Aid projects sponsored by local governments has increased over the past 5 years, and
         WHEREAS, the Governor’s executive Budget submission to the legislature holds Marchiselli funding
static at $40 million, and
         WHEREAS, Marchiselli Funding has not increased in the past 5 years, and
         WHEREAS, the Marchiselli program has not kept pace with the Federal Transportation Program
resulting in delays of state matching funds or eligible portions of projects not receiving state matching funds.
         NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature strongly urges the State
Legislature to increase this critical funding to a level consistent with the level of locally sponsored projects
listed on the current Statewide Transportation Improvement Program (STIP), and
         BE IT FURTHER RESOLVED that the Schuyler County Legislature strongly urges the Governor and
State Legislature to increase Marchiselli program funding to $80 Million to match the current need during the
2005 legislative session, and
         BE IT FURTHER RESOLVED, that the Schuyler County Legislature shall forward copies of this
Resolution to Governor George E. Pataki, Assemblyman Thomas F. O’Mara, Senator George H. Winner, Jr.
and all others deemed necessary and proper.
VOTE: Passed 7-0.
RESOLUTION NO. 116 Motion by Bingell, Second by Larison.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF COUNTY ROUTE 6
         BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT
         WHEREAS, Schuyler County accepted a proposal for engineering services for the Replacement of
County Road 06 Bridge over Taughannock Creek BIN #3332490, and
         WHEREAS, the project design is completed and it is now necessary to advertise for bids for
construction, and
         WHEREAS, funding for said project is available in the 2005 budget account no. 5120.569.
194                                   SCHUYLER COUNTY LEGISLATURE
        NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to
advertise for bids for the construction of the County Road 06 Bridge Replacement.
VOTE: Passed 7-0.
RESOLUTION NO. 117 Motion by Bingell, Second by Larison.
RE: AUTHORIZE ADVERTISEMENT AND FILLING OF ONE (1) AUTOMOTIVE MECHANIC, ONE
        (1) HEAVY EQUIPMENT OPERATOR AND THREE (3) TEMPORARY LABORERS – HIGHWAY
        DEPARTMENT
        WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
        WHEREAS, the Highway Superintendent and the Public Works Committee has agreed it would be
beneficial to hire three (3) Temporary Laborers to help with the summer road maintenance, fill one full-time
Automotive Mechanic position, and fill one full-time Heavy Equipment Operator position, and
        WHEREAS, the funding for these positions is available in the 2005 Personal Services Account.
        NOW, THEREFORE, BE IT RESOLVED that the Highway Superintendent is authorized to advertise
and fill three (3) Temporary Laborer positions at the rate of $ 7.00 per hour for not more than a six (6) month
period, advertise and fill one full-time Automotive Mechanic position at the rate of $12.59 per hour, and
advertise and fill one full-time Heavy Equipment Operator position at $12.48 per hour, effective immediately.
VOTE: Passed 7-0.
RESOLUTION NO. 118 Motion by Bingell, Second by Larison.
RE: AUTHORIZE CREATION OF AND APPOINTMENTS TO THE IMPLEMENTATION
        SUBCOMMITTEE FOR THE SCHUYLER COUNTY COMPREHENSIVE PLAN
        BE IT RESOLVED, that the Schuyler County Legislature hereby creates the Implementation
Subcommittee for the Schuyler County Comprehensive Plan, to be comprised of four representatives from the
Planning Commission and three representatives from the general public, to be charged with:
1. Overseeing the implementation of goals, objectives and strategies as outlined in the Plan.
2. Recommending changes to the Planning Commission and the Legislature as new opportunities, information,
    or challenges arise.
3. Submitting annual reports on the status of implementation efforts, and
        BE IT FURTHER RESOLVED, that the first task of the Implementation Committee should be a matrix
of short, mid, and long-range goals, with expected costs, possible revenue sources, and partners, and
        BE IT FURTHER RESOLVED, that the Legislature hereby authorizes the appointments of the
following individuals to the Implementation Subcommittee, to serve until further notice:
Planning Commission:                   Public:
Jeff Greuber (Odessa Rep)              Chris Kimball-Peterson (former Sub-committee Chair)
Richard Owlett (Catharine Rep)         Brian Williams (SCOPED)
Ed Gates (Farming Rep)                 Jim DeRoche (Village of Montour Falls resident)
Nancy Whipple (Orange Rep)             Legislator Dennis A. Fagan (Ex-Officio)
VOTE: Passed 7-0.
RESOLUTION NO. 119 Motion by Yuhasz, Second by Bleiler.
RE: RECOGNIZE WEEK OF APRIL 17, 2005 THROUGH APRIL 23, 2005 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 17, 2005 through April 23, 2005 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: Passed 7-0.
RESOLUTION NO. 120 Motion by Yuhasz, Second by Bleiler.
                                        PROCEEDINGS OF THE YEAR 2005                                           193
RE: AMEND AGREEMENT WITH FLACRA AND AMEND 2005 BUDGET- COMMUNITY SERVICES
         WHEREAS, Resolution No. 472-04 authorized a contract renewal with the Finger Lakes Addictions
Counseling and Referral Agency (FLACRA) in an amount not to exceed $103,389 for 2005, and
         WHEREAS, in the past the Schuyler County and Yates County offices of FLACRA have operated as
satellite clinics and State funding for both has been directed through Schuyler County to fund this contract, and
         WHEREAS, in the past the local portion of STOP DWI funds available for this contract from Yates
County has been included in the funding for this contract, and
         WHEREAS, the New York State Office of Alcohol and Substance Abuse Services (OASAS) has
determined that the satellite clinics operating in Schuyler County and Yates County will now operate
independently of each other as full clinics, and
         WHEREAS, State and local funding for each clinic will now be directed through the respective county,
thus reducing the amount of funding received by Schuyler County.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an amendment to the agreement with Finger Lakes Addictions Counseling and Referral Agency for
alcoholism and substance abuse treatment services, reducing the contract to an amount not to exceed $83,480,
for services to be provided solely to Schuyler County, subject to approval by the County Attorney,
         BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2005 County
budget as follows:
         AMOUNT                 ACCOUNT NO.                   DESCRIPTION
         -$19,909               4322.336                      FLACRA
         -$12,113               4322-3490                     State Aid-Mental Health
         -$ 7,796               4322-1689                     Other Dept. Income
VOTE: Passed 7-0.
RESOLUTION NO. 121 Motion by Yuhasz, Second by Bleiler.
RE: AUTHORIZE CONTRACT RENEWAL WITH THE ARC OF SCHUYLER COUNTY, INC. FOR
         2005 AND AMEND 2005 BUDGET – COMMUNITY SERVICES
         WHEREAS, the Community Services Department currently contracts with the Arc of Schuyler County,
Inc. for community mental retardation and developmental disabilities services, supported employment services,
and peer specialist employment services, and
         WHEREAS, continuation of these services is extremely beneficial to the residents of Schuyler County
who are in need of these services, and
         WHEREAS, the State Aid funding letter from the New York State Office of Mental Retardation and
Developmental Disabilities was received after the 2005 Community Services budget was finalized and changes
to the 2005 Community Services budget, which will not impact the local share, need to be made accordingly.
         NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract renewal with the Arc of Schuyler County, Inc. for the provision of community mental
retardation and developmentally disabled services, supported employment services, and peer specialist
employment services, at an amount not to exceed $115,617, such amount provided for in the 2005 Community
Services budget, accounts 4310.435 and 4322.550; subject to approval by the Schuyler County Attorney, and
         BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2005 Mental
Health Budget as follows:
         AMOUNT                 ACCOUNT NO.                   DESCRIPTION
         -$18,406               4322.504                      Arc of Schuyler County, Inc.
         +$ 4,177               4322-1625                     Mental Health Contribution – Priv. Ag
         -$ 22,583              4322-3490                     State Aid – Mental Health
VOTE: Passed 7-0.
RESOLUTION NO. 122 Motion by Yuhasz, Second by Bleiler.
RE: AUTHORIZE ADDENDUM TO AGREEMENT WITH HEALTH CARE COMPLIANCE
         ENTERPRISE, LLC FOR CONSULTATION SERVICES FOR 2005 – COMMUNITY SERVICES
         WHEREAS, Health Care Compliance, LLC has contracted with the Community Services Department to
provide consultation with regard to developing and maintaining regulatory compliance for several years, and
194                                 SCHUYLER COUNTY LEGISLATURE
        WHEREAS, the area of regulatory compliance is one which requires the extensive use of health
information governed by the Health Insurance Portability and Accountability Act (HIPAA), and
        WHEREAS, due to the nature of the work involved, Health Care Compliance, LLC has requested an
addendum to their agreement with the Community Services Department defining the responsibilities of both
parties with regard to HIPAA compliance.
        NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an addendum to the agreement with Health Care Compliance, LLC, specifically addressing HIPAA
compliance, subject to approval by the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 123 Motion by Yuhasz, Second by Bleiler.
RE: RECOGNIZE APRIL AS NATIONAL CHILD ABUSE PREVENTION MONTH - PUBLIC HEALTH
        WHEREAS, the U.S. Department of Health and Human Services’ Children’s Bureau states that a
nurturing home environment, safe places to play, good medical care and stimulating schools allow children to
draw for that environment to become confident, caring adults, and
        WHEREAS, the primary responsibility for children’s health and well-being rests with parents, and
        WHEREAS, all families benefit from the help of strong, supportive neighborhoods and communities.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognize April as
National Child Abuse Prevention Month and recognizes that we all play a role in helping our children thrive.
VOTE: Passed 7-0.
RESOLUTION NO. 124 Motion by Yuhasz, Second by Bleiler.
RE: RECOGNIZE APRIL 7, 2005 AS NATIONAL ALCOHOL SCREENING DAY - COMMUNITY
        SERVICES
        WHEREAS, National Alcohol Screening Day is an annual event that provides information about alcohol
and health as well as free, anonymous screening for alcohol-use disorders, and
        WHEREAS, event sites are located in community, college, primary health care, military and employment
settings, and
        WHEREAS, the program is designed to provide outreach, screening and education about alcohol’s affects
on health for the general public.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes April 7, 2005
as National Alcohol Screening Day and encourages Schuyler County residents to be screened at one of the
available sites.
VOTE: Passed 7-0.
RESOLUTION NO. 125 Motion by Yuhasz, Second by Bleiler.
RE: AUTHORIZE APPOINTMENTS TO THE COMMUNITY HOME CARE PROFESSIONAL
        ADVISORY COMMITTEE - PUBLIC HEALTH
        WHEREAS, the Community Home Care Professional Advisory Committee has vacancies due to the
changes in contract agencies, and
        WHEREAS, Deb Woodard, Clinical Director for AmeriCare and Sharon Winter, Regional Clinical
Director for AmeriCare have expressed an interest in serving on the Committee.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approve the
appointment of Deb Woodard and Sharon Winter to the Community Home Care Professional Advisory
Committee for the term March 15, 2005 through December 31, 2005.
VOTE: Passed 7-0.
RESOLUTION NO. 126 Motion by Yuhasz, Second by Bleiler.
RE: AUTHORIZE ADDENDUM TO AGREEMENT WITH 3M HOME CARE MANAGEMENT
        SYSTEM – PUBLIC HEALTH
        WHEREAS, the Public Health Department uses the 3M Home Care Management System for billing and
medical records and has an ongoing agreement with 3M for software support, and
        WHEREAS, Resolution No. 252-02 authorizes yearly addendums to the agreement for increases in
support charges and additional license purchases, and
                                        PROCEEDINGS OF THE YEAR 2005                                          193
         WHEREAS, the Public Health Department wishes to purchase a software enhancement program for the
3M system to improve the billing and records process which will require an additional addendum to the existing
agreement.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign an addendum to the agreement with 3M Home Care Management Systems for the purchase of a software
enhancement program, to include related installation and training costs, total cost not to exceed $13,000, funds
being available in the 2005 budget, account nos. 4010.278 and 4010.400, subject to approval by the Schuyler
County Attorney, and
         BE IT FURTHER RESOLVED, that the Chairman of the Legislature continues to be authorized to sign
yearly addendums for the software support agreement according to the terms established by Resolution No.
252-02.
VOTE: Passed 7-0.
RESOLUTION NO. 127 Motion by Yuhasz, Second by Bleiler.
RE: AUTHORIZE CONTRACT RENEWAL WITH FAMILY SERVICE SOCIETY INC. FOR
         SPECIALIZED TREATMENT SERVICES AND TRAINING - COMMUNITY SERVICES
         WHEREAS, the Mental Health Department currently contracts with Family Service Society Inc., for
specialized treatment services and related training, and
         WHEREAS, there continues to be a need for the specialized treatment services and training provided by
Family Service Society, Inc., to enhance the delivery of services provided by the Mental Health Clinic to the
residents of Schuyler County.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract agreement with Family Service Society Inc. for the provision of specialized treatment
services and training for the period January 1, 2005 through December 31, 2005, renewable annually, in an
amount not to exceed $20,000, funds available in the 2005 Mental Health budget, account no. 4310.435, subject
to approval by the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 128 Motion by Yuhasz, Second by Bleiler.
RE: AUTHORIZE APPLICATION FOR A COMPREHENSIVE APPROACHES TO SEX OFFENDER
         MANAGEMENT GRANT – COMMUNITY SERVICES
         WHEREAS, Community Services is applying for a grant being offered by the U.S. Department of Justice
for Comprehensive Approaches to Sex Offender Management, and
         WHEREAS, the application form from the Federal Government requires information on our Financial
Institution in order to forward an electronic fund transfer, should the grant be approved, and
         WHEREAS, the application for the grant cannot be completed without the aforementioned financial
information.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature authorizes the Treasurer to
release this information to Community Services for the purpose of including the information in the pre-application
for the grant, and
         BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any
and all contracts relative to the Comprehensive Approaches to Sex Offender Management grant application for
funds not to exceed the sum of $250,000 for 24 months for the development of a comprehensive and effective
system of sex offender management that promotes community safety and victim support, including integrated
criminal justice interventions, offender assessment, treatment, monitoring and accountability in Schuyler
County; subject to approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 129 Motion by Yuhasz, Second by Bleiler.
RE: ESTABLISH 2005-2006 IMMUNIZATION GRANT – PUBLIC HEALTH
         WHEREAS, Schuyler County’s annual immunization grant will be $18,000 for the period April 1, 2005
through March 31, 2006, and
         WHEREAS, this grant is 100% State funded.
194                                   SCHUYLER COUNTY LEGISLATURE
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
establish the 2005-2006 Immunization Grant Budget as follows:
        AMOUNT                  ACCOUNT NO.                   DESCRIPTION
        $ 11,270                4010.100-4096                 PERSONNEL
        $ 3,730                 4010.489-4096                 FRINGE BENEFITS
        $    500                4010.400-4096                 CONTRACTUAL
        $ 2,500                 4010.446-4096                 MAINTENANCE IN LIEU OF RENT
        $ 18,000                4010.3401-4096                REVENUE
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any
and all documents relative to this grant, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 130 Motion by Bingell, Second by Larison.
RE: ESTABLISH 2005-2006 LEAD GRANT – PUBLIC HEALTH
        WHEREAS, Schuyler County’s annual lead grant will be $25,000 for the period April 1, 2005 through
March 31, 2006.
        NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
establish the 2005-2006 Lead Grant Budget as follows:
        AMOUNT                  ACCOUNT NO.                   DESCRIPTION
        $ 14,860                4010.100-4006                 PERSONNEL
        $ 5,140                 4010.489-4006                 FRINGE BENEFITS
        $ 1,000                 4010.200-4006                 EQUIPMENT
        $    500                4010.400-4006                 CONTRACTUAL
        $ 2,500                 4010.446-4006                 MAINTENANCE IN LIEU OF RENT
        $ 1,000                 4010.579-4006                 LEAD TESTING
        $ 25,000                4010.4401-4006                REVENUE
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any
and all documents relative to this grant, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 131A Motion by Bleiler, Second by Fagan.
RE: MOTION TO AMEND RESOLUTION NO. 131
        BE IT RESOLVED, that Resolution No. 131 be amended to remove the wording “pending approval of a
Department of Environmental Conservation permit” from the Now Therefore Be It Resolved clause and add an
additional Be It Further Resolved to read as follows:
        “BE IT FURTHER RESOLVED, that issuance of the New York State Department of Environmental
Conservation permit is a condition of the contract.”
VOTE: Passed 7-0.
RESOLUTION NO. 131 Motion by Bingell, Second by Larison.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR APPLICATION AND MONITORING
        EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT
        – AS AMENDED
        WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to solicit sealed
bids for the application of fluridone on Lamoka Lake and the residual monitoring thereof.
        NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be hereby authorized to
advertise for bids for chemical application and residual monitoring services as set forth above for the
Lamoka/Waneta Lakes Protection and Rehabilitation District, and
        BE IT FURTHER RESOLVED, that bids will be due no later than 2:00 p.m. on Friday, April 1, 2005.
Acceptance/rejection of the bids will be done at the April 11, 2005 Regular Meeting of the Legislature. The
County of Schuyler reserves the right to accept or reject any and all bids, and
        BE IT FURTHER RESOLVED, that issuance of the New York State Department of Environmental
Conservation permit is a condition of the contract.
VOTE: Passed 7-0.
                                        PROCEEDINGS OF THE YEAR 2005                                           193
RESOLUTION NO. 132 Motion by Bingell, Second by Larison.
RE: AUTHORIZE FILLING VACANT PART-TIME CLEANER VACANCY – BUILDINGS AND
        GROUNDS
        WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
        WHEREAS, one part-time (19 hours per week) Cleaner has resigned and said position needs to be filled.
        NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be hereby
authorized to fill the vacant Cleaner position at the starting pay rate of $6.00 per hour with no benefits.
VOTE: Passed 7-0.
RESOLUTION NO. 133 Motion by Bingell, Second by Bleiler.
RE: AMEND 2004 –05 LEAD GRANT BUDGET – PUBLIC HEALTH
        WHEREAS, Resolution No. 149-04 established the budget for the 2004-05 Lead grant, and
        WHEREAS, planned expenditures of the grant monies have changed, and these changes necessitate
amendments to the original budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the County Treasurer
to amend the 2005 Public Health Department budget as follows:
        CHANGE          NEW AMOUNT             ACCOUNT NO.             DESCRIPTION
        +1,566          $ 2,566                4010.200-4003           Equipment
         -1,566         $     116              4010.400-4003           Contractual
VOTE: Passed 7-0.
RESOLUTION NO. 134 Motion by Bingell, Second by Bleiler.
RE: RESOLUTION OPPOSING PROPOSED FEDERAL BUDGET CUTS TO THE UNITED STATES
        DEPARTMENT OF AGRICULTURE’S (USDA’s) RESOURCE CONSERVATION AND
        DEVELOPMENT (RC&D) PROGRAM
        WHEREAS, the Finger Lakes RC&D Council (the Council), formerly Sullivan Trail RC&D Council is
the RC&D program that serves Schuyler County, among other Finger Lakes and Southern Tier counties, and
has been in existence since 1972, and
        WHEREAS, the Council has actively been engaged in projects throughout our region which have
improved water quality, encouraged the sustainability of the family farm, promoted agricultural tourism,
emphasized the wise use of the region’s native timber, controlled erosion from the region’s agricultural and
forest lands as well as degrading streambanks and assisted with rural fire protection with the installation of dry
hydrants, and
        WHEREAS, the Council in cooperation with USDA’s Natural Resources Conservation Service (NRCS)
has successfully obtained more than $3.6 million in federal, state, and private grants that have helped improve
the rural economy of our six county region, and
        WHEREAS, the Council in cooperation with the Schuyler County Soil and Water Conservation District,
NRCS, and local municipalities has obtained more than $1 million in various grants that directly affect and
improve Schuyler County, and
        WHEREAS, taking into account the local yearly cost ($600) to access the technical and financial
expertise available through this program, the cost/benefit ratio for Schuyler County is $1 yields $97, and
        WHEREAS, the Council has also been instrumental in establishing New York’s Venison Donation
Program which during its first five years has resulted in 1,257,200 meals served to individuals in need, and
        WHEREAS, the Council is just one of 374 RC&D Councils throughout the United States who are
delivering similar benefits to their respective constituents, and
        WHEREAS, it is very difficult to understand cutting a grassroots program which is efficiently matching
federal dollars with additional outside sources of funds.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature strongly encourages
and respectfully requests that the U.S. Congress support USDA’s Resource Conservation and Development
Program and continue its appropriation of $51,947,000 for fiscal year 2006.
VOTE: Passed 7-0.
RESOLUTION NO. 135 Motion by Bingell, Second by Bleiler.
194                                  SCHUYLER COUNTY LEGISLATURE
RE:     AMEND RESOLUTION NO. 68-04 AND RESOLUTION NO. 31-05 CHANGING THE AMOUNT
        OF THE COUNTY ROUTE 5 PROJECT – HIGHWAY DEPARTMENT
        WHEREAS, the amount for the replacement project engineering design work for County Route 5 is
higher than expected.
        NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 68-04 and Resolution No. 31-05 be
amended to change the dollar amount from $95,000 to $101,000, and
        BE IT FURTHER RESOLVED, that the breakdown of Local share, State and Federal aid in Resolution
No. 31-05 now read (local share cost of $5,050, State aid is $80,800 and Federal aid is $15,150).
VOTE: Passed 7-0.
RESOLUTION NO. 136 Motion by Bingell, Second by Bleiler.
RE: ACCEPT PROPOSAL FROM CLAY RIDGE TRUCKING FOR THE 2005 USED TIRE
        COLLECTION DAY
        WHEREAS, the Recycling/Solid Waste Office of Cornell Cooperative Extension has issued a Request
for Proposals for a Tire Collection Day with the approval of the Schuyler County Attorney, and
        WHEREAS, Clay Ridge Trucking has proposed charging the county $1.00 per tire for recycling,
and
        WHEREAS, the County will charge participants $1.00 per tire.
        NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of Cornell Cooperative
Extension, and the Schuyler County Attorney, this Legislature hereby accepts the proposal from Clay Ridge
Trucking, in the amount of $1.00 per tire, for a Used Tire Collection Day to be held Saturday, April 2, 2005, at
the Schuyler County Highway Department property, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to
execute any and all documents necessary to effectuate the above-referenced proposal acceptance; subject to
approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 137 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE INCREASE IN CORNING COMMUNITY COLLEGE CAPITAL CHARGEBACK
        WHEREAS, Corning Community College is the only community college in the state that charges only
$200 per student for capital chargebacks, and
        WHEREAS, it is necessary for Corning Community College to continually improve its facilities to
maintain a quality environment for its students and faculty.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
capital chargeback for Corning Community College to increase from $200 to $300 per student effective Fall
2005 Semester, contingent upon Chemung and Steuben Counties also approving the increase.
VOTE: Passed 7-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
        Legislator Bingell reported on the Public Works Committee. (See report on file.)
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 7:32 p.m.
               Gail M. Hughey, Clerk
               Stacy B. Husted, Deputy Clerk

                                           REGULAR MEETING
                                             APRIL 11, 2005

       The April 11, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Gifford. The Pledge of Allegiance was led by Legislator Slusser and followed by a Moment of
Silence. All Legislators were present. County Attorney Coleman and County Administrator, Timothy
O’Hearn, were also present.
                                     PROCEEDINGS OF THE YEAR 2005                                            193
PUBLIC PARTICIPATION:
        Benjamin Dickens, Town of Hector Supervisor, said he would like to revisit the redistribution of sales
tax issue that the town supervisors/village mayors discussed last month. He has reviewed Management &
Finance Committee agendas from October 2004 through March 2005. Item No. 3 on the agenda for February
2005 indicated that this issue had been discussed. They had been lead to believe there had been no discussion
on this issue by the Legislature. They hope the decision is to leave sales tax distribution the way it is. Once
special use taxes are created they can have a significant impact as a revenue source. He asked the Legislature to
please consider that before taking away sales tax from the townships. Legislator Slusser explained that if there
was any discussion at his committee meeting, it was to have a discussion with town supervisors first.
        Chairman Gifford introduced the new County Administrator, Timothy M. O’Hearn.
6:45 p.m. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 2 OF THE YEAR
2005 AMENDING LOCAL LAW NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 4%
- AS AMENDED:
        The Schuyler County Lodging Association showed a Powerpoint presentation (on file in the Legislative
Office). Ted Rimmers from the Magnolia Place made the presentation. He said when he moved here, the
increase in room tax to 2% was first being discussed. The lodging owners then decided to form an association.
They believe they are in the top ten of largest employers in the county. Employees live in Schuyler County and
purchase items here. Customers are also directed to eat and shop close to where they stay. He presented figures
on how much room tax has been brought in. He discussed the travel brochure, how it is paid for by the current
2% room tax, and how they feel it is lacking in promoting Schuyler County. He said that they do not have a
problem with the current tax, however they have a problem with increasing it when it is not working to promote
Schuyler County.
        Patricia Hastings stated that the Legislature fought very hard to get room tax to the Chamber of
Commerce and make them the County’s Tourist Promotion Agency (TPA) and they have succeeded. She feels
the Legislature is now doing everything they can to undermine the Chamber, instead of supporting them. The
legislative representative on the board should know everything that is going on and be able to explain to the
Legislature how the money is being spent.
        Paul Marcellus, from the Colonial Motel, explained that the tourist season is not in their control. It
usually lasts for only sixteen weekends. They are also at the mercy of the weather and increase in gas prices.
He just has this feeling that tourists have other options and other places to go. Legislator Bleiler says this
proposed increase in room tax will help control the other taxpayers property taxes.
        Mary Simiele said she read a CNN’s lead story this morning about a money feature called Tax Friendly
Places 2005. Top honors with combined per capita at 6% was Alaska, New Hampshire and Delaware. The
most unfriendly states were Maine as the first, Washington, DC second, and the third most unfriendly is New
York with combined per capita of 12%. Maine was only 1% higher and Washington, DC .2% higher. The state
and local tax burden affects the per capita income. Our state and local tax burden is 12%. As a lodging owner
and member of the Lodging Association, she feels the Legislature needs to give them something to work with.
        Benjamin Dickens said due to economic activity with gas prices, etc., there is a great possibility that
tourism may decrease. He requested that they take a full year before this increase take effect. He feels it will
have a negative impact.
        Judy Lampman presented the Legislature with newly gathered petitions. She feels people are
disillusioned by politicians and vice versa. One recourse the public has is to go to the voting booths and the
other is to sign petitions. She asked the Legislature if they actually read the over 400 signatures that they had
gathered in 2004. She reminded them that the petitions represent their voice on this issue. She thanked
Legislators Karius, Larison and Bingell for their no votes. She thanked Legislator Slusser for chatting with
them and Legislator Fagan for his moments of time to discuss the issue. She asked that they please find it in
their hearts to change their vote tonight
        Greg Bitler asked the Legislators to please vote down this proposed increase in room tax or at least
postpone the effective date. The Lodging Association has a funding alternative committee reviewing
alternatives. He asked that the Legislature give them a chance to find another way.
194                                    SCHUYLER COUNTY LEGISLATURE
        Donna Davis, owner of Sunset on Seneca Bed &Breakfast, feels thes Legislature has put the Chamber of
Commerce and the Lodging Association in an adversarial situation. She has been told this proposed increase is
to replace the funding to the Chamber that was cut from the budget. She spoke in support of the Chamber of
Commerce and expressed her opposition to the proposed increase in room tax.
        Jim Franzese, Longhouse Motel, feels if the Legislature is serious about keeping property taxes down,
then cutting out small businesses and reducing funding to the Chamber will not help in that effort. In his
opinion, with a county budget of over $30 million, the $55,000 funding for the Chamber is chump change. He
noted that there is over $200,000 put into agriculture. He asked that the Legislature re-examine their view of
the Chamber and tourism.
        Angie Franzese feels that the Legislature should better educate themselves on how the Chamber of
Commerce spends its county appropriations. She spoke in opposition to the proposed increase in room tax.
        Leonard Knapp asked that the Legislature give lodging owners credit for sprucing things up. People
who stay here, wander around and in turn end up supporting other businesses. He feels if you add this all up
and consider the overall picture, not increasing the room tax might get more people to stay.
        Chris Franzese feels the Legislature should not raise taxes which may drive businesses to other counties
and asked them to vote against the proposed increase in room tax.
        Carol Henry spoke in opposition to the proposed increase in room tax and felt it would take away from
their competitive edge with Yates County.
        Judy Lampman read from a study done by the New York Deputy Director of Research on lodging
hospitality. His study showed a 2.4% reduction in customers per year by increasing the room tax.
        Angie Franzese commented on the County’s good fiscal health and support of economic development,
and asked for investment in their struggling businesses.
        Jim Berg, President of the Chamber of Commerce, said this is very difficult for him. He has the
Schuyler County Lodging Association on one hand and the board members and membership on the other hand.
He believes the issue here is how to accomplish the goal without hurting someone. The lodging association
says they will be hurt along with taxpayers. He has provided the Legislature, in advance of this meeting, with
the necessary information on how the Chambers spends it money to support Schuyler County. Everyone here
cares about the association and the community or would not be here tonight. On behalf of the full Chamber, he
requested additional funding.
        The Public Hearing adjourned at 7:48 p.m.
RESOLUTION NO. 138 Motion by Fagan, Second by Yuhasz.
RE: APPROVE MINUTES OF THE JANUARY 3, 2005 ORGANIZATIONAL MEETING, THE
        JANUARY 10, 2005 REGULAR MEETING, THE FEBRUARY 14, 2005 REGULAR MEETING,
        THE FEBRUARY 28, 2005 SPECIAL MEETING AND THE MARCH 9, 2005 SPECIAL MEETING
        OF THE SCHUYLER COUNTY LEGISLATURE
        BE IT RESOLVED, that minutes of the January 3, 2005 Organizational Meeting, the January 10, 2005
Regular Meeting, the February 14, 2005 Regular Meeting, the February 28, 2005 Special Meeting and the
March 9, 2005 Special Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 7-0. Abstain: Larison.
RESOLUTION NO. 139 Motion by Yuhasz, Second by Larison.
RE: RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT-IN-
        AID FOR A MUNICIPAL WASTE REDUCTION AND/OR RECYCLING PROJECT AND SIGNING
        OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW
        YORK STATE FOR THE YEARS 2006-2008
        WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal
recycling projects, and
        WHEREAS, the Schuyler County Legislature herein called the MUNICIPALITY, has examined and
duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the
public interest and benefit to file an application under these laws, and
        WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW
YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid.
                                        PROCEEDINGS OF THE YEAR 2005                                           193
        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 its portion of the cost of said Municipal Waste
                Reduction and/or Recycling Project.
        4.      That five (5) Certified Copies of this Resolution be prepared and sent to the New York State
                Department of Environmental Conservation, Albany, New York 12233-7253, together with ONE
                complete application.
        5.      That this resolution shall take effect immediately.
VOTE: Passed 8-0.
RESOLUTION NO. 140 Motion by Bingell, Second by Fagan.
RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 2 OF THE YEAR 2005 AMENDING LOCAL LAW
        NO. 2 OF 1988 TO INCREASE THE ROOM TAX FROM 2% TO 4% - AS AMENDED
        WHEREAS, a proposed Local Law Amending Local Law No. 2 of 1988 to Increase the Room Tax from
2% to 4% was heretofore introduced and appropriate notice established in the official newspaper regarding a
public hearing to be held April 11, 2005 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. 3/Local Law No. 2 of the Year
2005, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
        BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the
passage, enactment and adoption of Local Law Intro. No. 3/Local Law No. 2 of the Year 2005, together with
the required text thereof in the official county newspaper.
                  LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 2 OF THE YEAR 2005
        Local Law No. 2 of the year 1988 is hereby amended as follows:
        2. IMPOSITION OF TAX
        On and after the first day of January 1, 2006 there is hereby imposed and shall be paid a tax of four (4%)
upon the rent for every occupancy of a room or rooms in a hotel, motel, bed and breakfast or tourist facility
having one or more rooms in this County except that the tax shall not be imposed upon (1) permanent resident,
or (2) exempt organizations as hereinafter set forth.
        2A. CREDIT AGAINST TAX
        There shall be allowed a credit against such tax in the amount of 4% of the tax due to the reflect
administrative expenses of collection and credit card processing charges. This tax credit shall be taken
quarterly on returns in such form as the Schuyler County Treasurer shall provide on quarterly return forms to be
promulgated hereafter. Credit shall be 4% of the total tax due.
        All provisions of Local Law No. 2 of the year 1988 not amended hereby shall remain in full force and
effect.
        This Local Law shall take effect upon filing in the office of the Secretary of State as provided by the
Municipal Home Rule Law.
DISCUSSION: Legislator Larison feels they have experts in the community telling us how this increase will
negatively impact them and that the Legislature should listen to them. He cannot support this increase.
Legislator Fagan said when he ran for legislator he said he was willing to make tough decisions. His biggest
concern is the high property tax rate. It is the highest in this area. Last year, there was no increase in that tax
rate, which was amazing. The reason we did not have a tax rate increase is because we used the sales tax to
help with unfunded mandates from the state. During the budget process, he tried to cut some programs and
decrease funding, but the full fury of the bureaucracy kicked in. It is almost impossible to cut any funds in the
194                                   SCHUYLER COUNTY LEGISLATURE
county budget. He does not want to negatively impact the Schuyler County Lodging Association. The easy
thing to do would be to vote in opposition of the increase, however that will not help the property tax issue. He
will vote for what he feels is right. He has spent a good deal of time with Jim Berg and knows the efforts from
the past and the future plans. He would hope that the hotel at the lakefront becomes a reality. With the new
hotel there might be additional monies for the marketing of the tourism industry. He has heard everyone loud
and clear. He looked at free advertising for locals based on sales tax generated. At the very least, all travel
lodging facilities should have a free business listing in the travel guide. Mr. Berg agrees and it might happen in
the future. The Lodging Association figures presented tonight show him that the existing room tax does not
hurt the industry. He hopes a 4% tax will help more. Legislator Slusser said he heard conflicting comments on
the Chamber tonight. He noted that the Chamber has hired someone to help with tourism. The presentation
shows you are working together to help each other’s businesses. It also highlighted our attractions. If we can
get customers here, they will spend. We need to have the money to promote getting them here. The
information presented on New York taxes is correct, but it talks about all taxes. The state is not helping us, they
are not making the state more friendly. Legislator Yuhasz said he can sympathize and understand. Schuyler
County on paper is a very rich district. However we have high property taxes, and we know we are not rich.
He feels the county taxpayers should not have to pay to support the Tourist Promotion Agency. He also noted
that this increase does not take effect until January 1, 2006. Legislator Bleiler said he did not plan on saying
anything tonight, however as Chairman of the Human Services Committee that oversees Medicaid, he wants to
share some information. We raised the local share for Medicaid in the 2005 budget by $200,000. The
Commissioner of Social Services, Bill Weiss, keeps track of this share on a weekly basis. At the end of fifteen
weeks, we are $250,000 in the red. They have to come up with an extra $250,000 for the 2006 budget as it
stands right now. He is sharing this information not to scare anyone, but to give everyone a reality check. He
also hopes they under estimated the projected sales tax revenue for this year. They cannot afford to raise
property tax. Legislator Bingell said she knows what it is to be in small business. She knows how difficult it is
to survive, but also knows they support SCOPED. What is small business if it is not economic development.
More jobs are created by small businesses than any corporation. All small businesses in Schuyler County pay
8.25% sales tax and room tax on top which brings it up to 10.25%. Now we are considering whether or not we
want them to pay 12.25%. She feels if we do this, it will put businesses out of business. Legislator Larison
called for the question.
VOTE: Passed 5-3. Noes: Karius, Larison, Bingell.
RESOLUTION NO. 141 Motion by Yuhasz, Second by Larison.
RE: AUTHORIZATION FOR GEORGE ROETS TO TRAVEL TO OHIO APRIL 12 - 16, 2005 - HEALTH
        SERVICES
        WHEREAS, the National Rural Health Association is holding a training session in Cleveland, Ohio in
April 2005, and
        WHEREAS, the National Association of Community Health Centers is covering the cost of the training
and travel up to an amount of $800.00, and
        WHEREAS, traveling out of state requires Legislative approval.
        NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorize out of state travel for George
Roets to attend the Grant Writing Seminar in Cleveland, Ohio, April 12 through 16, 2005.
VOTE: Passed 8-0.
RESOLUTION NO. 142 Motion by Yuhasz, Second by Larison.
RE: AUTHORIZE ADVERTISING AND FILLING OF STAFF SOCIAL WORKER POSITION -
        COMMUNITY SERVICES
        WHEREAS, the Schuyler County Mental Health Clinic has a vacant Staff Social Worker position,
effective March 31, 2005, and
        WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of
Community Services/Public Health to fill a vacant Staff Social Worker position, Grade 28, $20.57, in the Mental
Health Clinic, effective immediately; funding is available in the 2005 budget.
VOTE: Passed 8-0.
                                       PROCEEDINGS OF THE YEAR 2005                                           193
RESOLUTION NO. 143 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE
        SERVICES FOR A NEW YORK STATE LOCAL LAW ENFORCEMENT BLOCK 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 violent crime prosecution.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County
District Attorney and the Chairman of the Legislature to sign an application for the 2005/2006 Local Law
Enforcement Block Grant in the amount of $37,000 with a county match of $4,111, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a
contract with the New York State Division of Criminal Justice Services for the District Attorney’s Office for a
New York State Local Law Enforcement Block Grant for the term April 1, 2005 through March 31, 2006,
match funding available in the 2005 District Attorney’s budget; subject to approval of the Schuyler County
Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 144 Motion by Larison, Second by Bingell.
RE: RESOLUTION TO ADOPT A NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE
        COUNTY STANDARD FOR INCIDENT MANAGEMENT – EMERGENCY MANAGEMENT
        WHEREAS, the President of the United States, in Homeland Security Directive (HSPD)-5, directed the
Secretary of the Department of Homeland Security to develop and administer a National Incident Management
System which would provide a consistent nationwide approach for Federal, State, local and tribal governments
to work together more effectively and efficiently to prepare for, prevent, respond to and recover from domestic
incidents, regardless of cause, size or complexity, and
        WHEREAS, the collective input and guidance from all Federal, State, local and tribal homeland security
partners has been, and will continue to be, vital to the effective implementation and utilization of a
comprehensive NIMS, and
        WHEREAS, it is necessary and desirable that all Federal, State, local and tribal emergency agencies and
personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident
management, and
        WHEREAS, HSPD-5 requires Federal departments and agencies to make adoption of the NIMS by
State, tribal and local organizations a condition for Federal preparedness assistance beginning in fiscal year
2005, and
        WHEREAS, to facilitate the most efficient and effective incident management, it is critical that Federal,
State, local and tribal organizations utilize standardized terminology, standardized organizational structures,
interoperable communications, consolidated action plans, unified command structures, uniform personnel
qualification standards, uniform standards for planning, training and exercising, comprehensive resource
management, and designated incident facilities during emergencies or disasters, and
        WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and
resources will improve the State's ability to utilize federal funding to enhance local and state agency readiness,
maintain first responder safety, and streamline incident management training processes, and
        WHEREAS, the Incident Command System components on NIMS are already an integral part of
various incident management activities throughout the State, including current emergency management training
programs, and
        WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption
of a standardized Incident Command System.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, by virtue of the
authority vested in it under the laws of the State of New York, does hereby establish the National Incident
Management System (NIMS) as the County of Schuyler standard for incident management.
VOTE: Passed 8-0.
RESOLUTION NO. 145 Motion by Larison, Second by Bingell.
194                                 SCHUYLER COUNTY LEGISLATURE
RE:      AUTHORIZE FILLING VACANT FULL-TIME DEPUTY SHERIFF POSITION – SHERIFF’S
         DEPARTMENT
         WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
         WHEREAS, one full-time Deputy Sheriff has resigned and the position needs to be filled, and
         WHEREAS, there is funding available in the 2005 budget for this position.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill
the vacant full-time Deputy Sheriff position at the starting pay rate of $13.74 per hour effective immediately.
VOTE: Passed 8-0.
RESOLUTION NO. 146 Motion by Larison, Second by Bingell.
RE: AUTHORIZE WAIVER OF ENVIRONMENTAL INSURANCE COVERAGE FOR JEFF’S SEPTIC –
         SHERIFF’S DEPARTMENT
         WHEREAS, Jeff’s Septic provides sewage hauling services to the Schuyler County dog pound, and
         WHEREAS, with the State and Federal environmental laws imposing fines on recoveries, the County
Attorney’s Office has requested that Jeff’s Septic provide proof of Environmental Insurance coverage for the
agreement with the Sheriff’s Department, and
         WHEREAS, Jeff’s Septic does not carry this insurance at this time and it is very costly, and
         WHEREAS, the Public Safety/Criminal Justice Committee wishes to waive this insurance requirement
for the year 2005.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby waives the
environmental insurance coverage requirement for the 2005 agreement with the Sheriff’s Department.
VOTE: Passed 8-0.
RESOLUTION NO. 147 Motion by Larison, Second by Bingell.
RE: AUTHORIZE INCREASE IN DOG ADOPTION FEES – SHERIFF’S DEPARTMENT
         WHEREAS, the adoption fees at the Schuyler County Dog Shelter have not been increased in many
years, and
         WHEREAS, the Shelter fees are far below neighboring counties, and
         WHEREAS, most dogs from the Shelter are spayed or neutered before adoption.
         NOW, THEREFORE, BE IT RESOVED, that the Schuyler County Legislature hereby authorizes the
adoption fee to be increased to $50.00 effective May 1, 2005.
VOTE: Passed 8-0.
RESOLUTION NO. 148 Motion by Larison, Second by Bingell.
RE: AUTHORIZATION TO FILL A VACANT CHILDREN’S SERVICES CASEWORKER POSITION IN
         SOCIAL SERVICES
         WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
         WHEREAS, a Caseworker position in the Children’s Services unit will become vacant April 12, 2005
due to the incumbent accepting a position in the Tompkins County Department of Social Services, and
         WHEREAS, the number of child abuse/neglect hotline reports increased 9% between 2003 and 2004,
and
         WHEREAS, this position is vital for the continued effective operation of the unit, and
         WHEREAS, this position is approximately 73% reimbursed by the federal and state governments.
         NOW, THEREFORE, BE IT RESOLVED that the Department of Social Services be hereby authorized
to fill the pending vacant Caseworker position in the Children’s Services unit effective April 12, 2005 at Grade
22 ($15.92 per hour), funding available in the Department’s 2005 budget, account 6010.100, pending the
position actually becoming vacant with the resignation of the incumbent (Shannon LeGare).
VOTE: Passed 8-0.
RESOLUTION NO. 149 Motion by Bleiler, Second by Bingell.
RE: AUTHORIZE GRANT APPLICATION FOR SCHUYLER COUNTY UNITED WAY– YOUTH
         BUREAU
         WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center
program, and
         WHEREAS, funding is need for contracting for program development and oversight, and
                                      PROCEEDINGS OF THE YEAR 2005                                       193
         WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign the aforementioned grant application for funding for the Family Play & Resource Center and any
subsequent contracts; subject to review of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 150 Motion by Bleiler, Second by Bingell.
RE: AUTHORIZE GRANT APPLICATION FOR WEYERHAEUSER CHILDREN’S INITIATIVE–
         YOUTH BUREAU
         WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center
program, and
         WHEREAS, funding is needed for contracting for program development and oversight, and
         WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and
         WHEREAS the Schuyler County Youth Bureau is requesting $9,821 with no local match.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign the aforementioned grant application for funding for the Family Play & resource Center and any
subsequent contracts; subject to review of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 151 Motion by Bleiler, Second by Bingell.
 RE: AUTHORIZE              YOUTH       BUREAU/WATKINS          GLEN      INTERNATIONAL          RACEWAY
         EMPLOYMENT PROGRAM AND CREATION OF A SUMMER YOUTH EMPLOYMENT
         SUPERVISOR POSITION - YOUTH BUREAU
         WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the
strict income criteria of the Workforce Investment Act Employment Program, and
         WHEREAS, the Schuyler County Youth Bureau in collaboration with the Watkins Glen International
Raceway are desirous of integrating a temporary seasonal program for the above mentioned youth, and
         WHEREAS, $4,774 of existing YDDP money will be allocated for supervision and transportation costs,
and
         WHEREAS, the program will employ approximately 40 youth with the wages for the youth and
supervisors to be reimbursed by Watkins Glen International Raceway.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau be hereby
authorized to hire and implement the above mentioned employment program from June 1, 2005 through
September 30, 2005 for youth ages 14 – 20, and
         BE IT FURTHER RESOLVED, that the Legislature authorizes the Youth Bureau Director to create a
temporary Summer Youth Employment Supervisor position with no benefits, in Grade Level XV, at an hourly
rate of $13.58, to supervise the youth for this period of time.
VOTE: Passed 8-0.
RESOLUTION NO. 152 Motion by Karius, Second by Yuhasz.
RE: AUTHORIZE TRANSFER OF FUNDS FOR BUDGET OFFICER SALARY – RESCINDED BY
         RESOLUTION NO. 223-05.
         WHEREAS, Local Law Intro. No. 2 of the Year 2005 set a salary for the Budget Officer, and
         WHEREAS, funding for the Budget Officer for the year 2005 was included in the County
Administrator’s salary line item.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer $807.69 (70 days of pay, from 1/1/05-4/8/05) from County Administrator account 1230.100 into
account no. 1340.100-Personal Services to pay for said salary.
VOTE: Passed 6-1. No: Larison. Abstain: Slusser.
RESOLUTION NO. 153 Motion by Karius, Second by Yuhasz.
RE: AUTHORIZE AGREEMENT WITH NATIONAL RISK SERVICES, INC. – HUMAN RESOURCES
         WHEREAS, National Risk Services, Inc. (NRS) has offered to examine the County’s worker’s
compensation experience modifications, retrospective rating adjustments, premium audits, classifications,
194                                  SCHUYLER COUNTY LEGISLATURE
payrolls, claim reserve revisions, negotiated claim reserve reductions, Plan Contracts including the policy, and
any premium deposit loss fund charges for any incorrectly charged or over-billed costs, and
        WHEREAS, if NRS finds that the County has been incorrectly charged, NRS will take the necessary
steps to secure any reduction or refund due the county, and
        WHEREAS, NRS charges a contingency fee for this service calculated upon a percentage of the total
cash return premiums or premium credits issued as follows: 50% of the first $65,000 in return premiums, 40%
of the next $35,000 in return premium, 33% of the next $50,000 and 30% for any return premiums in excess of
$150,000, and
        WHEREAS, it is the recommendation of the County’s property/casualty insurance broker and the
Human Resources Department that this review be authorized.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into an agreement with National Risk Services, Inc. for services as set forth above; subject to approval of
the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 154 Motion by Karius, Second by Yuhasz.
RE: AUTHORIZE INFORMATION TECHNOLOGY CONTRACTOR TO ATTEND COUNTY-
        RELATED TRAINING/CONFERENCES FOR 2005
        WHEREAS, the County contracts with Danica Computing for Information Technology Services, and
        WHEREAS, said contract does not address attendance at county-related training or conferences, and
        WHEREAS, there is a need for this contractor to be able to attend user trainings and state association
conferences in order to more efficiently serve Schuyler County.
        NOW, THEREFORE, BE IT RESOLVED, that the Danica Computing contractor (Loren Cottrell) be
hereby authorized to attend county-related training or conferences, upon approval of the Schuyler County
Administrator, and
        BE IT FURTHER RESOLVED, it shall be understood that such travel will be allowable only within
budgeted funds and that the contractor will make arrangements to be reachable while out of town at said
functions for emergency purposes, and
        BE IT FURTHER RESOLVED, that this term of agreement be added to any negotiated 2006 contract
for Information Technology services.
VOTE: Passed 8-0.
RESOLUTION NO. 155 Motion by Bingell, Second by Yuhasz.
RE: ACCEPT/REJECT BIDS AND AUTHORIZE AGREEMENT FOR WATER SUPPLY CROSS
        CONNECTION AND RE-PIPING – BUILDINGS AND GROUNDS
        WHEREAS, Resolution No. 98-05 authorized advertisement of bids for water supply changes, and
        WHEREAS, bids have been received and opened with the low bid being Collins & Walton in the total
amount of $8,570.00, and
        WHEREAS, said project to be funded from the Facilities & Grounds Capital Reserve account no. 004-
0004-0878.
        NOW, THEREFORE, BE IT RESOLVED, that the bid from Collins & Walton as set forth above be
hereby accepted and the Chairman of the Legislature authorized to sign said contract upon approval of the
County Attorney, and
        BE IT FURTHER RESOLVED, that the bid from Postle~n~Jaeckle Corporation in the amount of
$14,087 be hereby rejected.
VOTE: Passed 8-0.
RESOLUTION NO. 156 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE AGREEMENT WITH LAMBERT’S ASBESTOS REMOVAL SERVICES, INC. –
        BUILDINGS AND GROUNDS
        WHEREAS, the water supply changes being made in the Court House Complex require connecting to
existing piping with asbestos on them, and
        WHEREAS, the removal of asbestos material is required to be done by certified abatement contractors.
                                       PROCEEDINGS OF THE YEAR 2005                                             193
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into a contract with Lambert’s, a certified abatement contractor, for the removal of twenty-five (25) LF of
asbestos pipe insulation for the amount of $1,325.00 to be paid from account no. 004-0004-0878; contract
subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 157 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE AGREEMENT WITH CPE INTERLINK FOR INSTALLATION OF FIRE ALARM
        SYSTEM – BUILDINGS AND GROUNDS
        WHEREAS, quotes have been solicited and received, per the Schuyler County purchasing policy, for
installation of a new fire alarm system in the District Attorney’s offices along with upgrading the jail fire alarm
system, and
        WHEREAS, the lowest quote is with CPE Interlink for the amount of $10,183.50 to be paid from the
Facilities & Grounds Capital Reserve account no. 004-004-0878.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign
the contract for installation and upgrade of said fire alarm system upon approval of the County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 158 Motion by Fagan, Second by Karius.
RE: ACCEPT BID FOR APPLICATION AND MONITORING EXPENSES FOR THE
        LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT
        WHEREAS, Resolution No. 131-05 authorized advertisement for sealed bids for the application of
fluridone on Lamoka Lake and the residual monitoring thereof, and
        WHEREAS, bids were opened April 1, 2005 and reviewed, with the recommendation being made by the
Lamoka/Waneta Lakes District Commission to accept the sole bid from Allied Biological, Inc.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the sole
bid from Allied Biological, Inc., for the application of fluridone on Lamoka Lake and the residual monitoring
thereof at the low bid price of $55,512.50 plus a potential booster application cost of $3,500 per boost and a
chemical cost of $1,600 per gallon, and authorizes its Chairman to sign any and all necessary contract
documents, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 159 Motion by Fagan, Second by Karius.
RE: APPROVE APPLICATION FOR CORRECTION OF REAL PROPERTY TAXES – PARRISH
        WHEREAS, an application for correction of real property taxes has been made in accordance with
Section 554 of the Real Property Tax Law (RPTL), and
        WHEREAS, the Real Property Tax Director has determined that the assessment on parcel 94.00-1-
19.110, owned by Parrish in the Town of Dix, represents a duplicate entry on the roll, and
        WHEREAS, the duplicate entry constitutes a clerical error as defined in RPTL Section 550(2)(f), and
        WHEREAS, it is the recommendation of the Director that the application be approved.
        NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved and that the 2005
County/Town tax roll be reduced by $1,294.82 to show an original amount due of $0, and
        BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to chargeback $197.07
to the Town of Dix, $628.82 to the Watkins Glen School District, and $468.93 as Uncollectible.
VOTE: Passed 8-0.
RESOLUTION NO. 160 Motion by Fagan, Second by Karius.
RE: AUTHORIZE AGREEMENT WITH STEUBEN COUNTY FOR BOARDING OF PRISONERS –
        SHERIFF’S DEPARTMENT
        WHEREAS, it is necessary from time to time for the Schuyler County Jail to board prisoners from other
counties because of overcrowding.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign a contract with Steuben County for a period of one year starting May 1, 2005 through April 30, 2006 at a
cost of $65.00 per day for each boarded inmate, contract subject to approval by the Schuyler County Attorney.
VOTE: Passed 8-0.
194                                    SCHUYLER COUNTY LEGISLATURE
RESOLUTION NO. 161 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH CATHOLIC CHARITIES, SCHUYLER OUTREACH FOR
         EMERGENCY SERVICES – SOCIAL SERVICES
         WHEREAS, the Department of Social Services has been allocated funding for its TANF Services Plan,
and
         WHEREAS, the Department of Social Services wishes to contract with Catholic Charities – Schuyler
Outreach which has the expertise to provide emergency services for TANF eligibles.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract not to exceed $10,000 with Catholic Charities – Schuyler Outreach for Emergency Services
for the Department of Social Services for the term January 1, 2005 through June 30, 2005, funding available in
the 2005 budget, account no. 6010.522; subject to approval by the County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 162A Motion by Slusser, Second by Karius.
RE: MOTION TO AMEND RESOLUTION NO. 162
         BE IT RESOLVED, that Resolution No. 162 be amended to add a Be It Further Resolved clause to read
as follows:
         “BE IT FURTHER RESOLVED, that the payment of bills is subject to negotiations between the County
Administrator and Labor Counsel”.
VOTE: Passed 8-0.
RESOLUTION NO. 162 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE TRANSFER OF FUNDS – HUMAN RESOURCES – AS AMENDED
         WHEREAS, there has been a significant increase in human resource issues that required professional
labor attorney expertise, and
         WHEREAS, there are insufficient funds in the Human Resources 2005 budget to cover the same.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer $15,000 from Contingency account no. 1990.5 to Human Resources account no. 1430.435, and
         BE IT FURTHER RESOLVED, that the payment of bills is subject to negotiations between the County
Administrator and Labor Counsel.
VOTE: Passed 8-0.
RESOLUTION NO. 163 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE FILLING VACANT NURSE POSITION - COMMUNITY SERVICES
         WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
         WHEREAS, the Schuyler County Mental Health Clinic has one full-time Senior Registered Professional
Nurse position and one full-time Registered Professional Nurse position, both of which are vacant, and
         WHEREAS, it is the request of the Director of Community Services/Public Health that he be given the
ability to hire one or the other of these positions, whichever is most easily recruited, but not both.
         NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of
Community Services/Public Health to fill either a full-time Senior Registered Professional Nurse position at $19.74
per hour, or a Registered Professional Nurse position at $18.92 per hour, for the Mental Health Clinic, funding
being available in the 2005 budget.
VOTE: Passed 8-0.
RESOLUTION NO. 164 Motion by Slusser, Second by Bingell.
RE: MOTION TO BRING FOUR (4) RESOLUTIONS TO THE FLOOR
         BE IT RESOLVED, that four (4) Resolutions be brought to the floor.
VOTE: Passed 8-0.
RESOLUTION NO. 165 Motion by Bingell, Second by Fagan.
RE: APPOINTMENT – SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT
         BOARD
         BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Timothy M.
O’Hearn, County Administrator, to the Southern Tier Regional Planning & Development Board to fill the un-
expired term of Legislator Daryl L. Slusser through December 31, 2006.
                                     PROCEEDINGS OF THE YEAR 2005                                            193
VOTE: Passed 8-0.
RESOLUTION NO. 166 Motion by Bingell, Second by Fagan.
RE: AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR RE-EVALUATION OF THE RURAL
        URBAN CENTER BUILDING – BUILDINGS AND GROUNDS
        WHEREAS, the Legislature is still searching for the most viable option to meet the building space needs
for the County, and
        WHEREAS, they wish to change the program elements to be housed in the required building space
needs, and
        WHEREAS, they have asked Hunt Engineers, Architects and Surveyors to apply the program changes to
the original Rural Urban Center addition design.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign an
agreement with Hunt Engineers, Architects and Surveyors in the amount of $3,800, plus additional printing
costs of up to $75.00, funding available in account no. 1620.435-Professional Fees and Services; subject to
approval by the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 167 Motion by Bingell, Second by Fagan.
RE: AUTHORIZE CHAIRMAN TO SIGN A LETTER SUPPORTING THE FACILITATION AND
        COORDINATION OF TRANSPORTATION PLANNING
        WHEREAS, Steuben and Schuyler County, with assistance from New York State Department of
Transportation (NYSDOT) and the Elmira-Chemung Transportation Council (ECTC), conducted a
Transportation Needs Study, and
        WHEREAS, one recommendation of the study was the formation of the Steuben-Schuyler
Transportation Committee to facilitate and coordinate transportation planning.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign a letter expressing this Legislature’s request that NYSDOT undertake a review of current transit service in
our area and determine if regional service would be a more cost effective and efficient way of delivering service
to our customers.
VOTE: Passed 8-0.
RESOLUTION NO. 168 Motion by Bingell, Second by Fagan.
RE: AUTHORIZE FILLING VACANT PART-TIME DISPATCHER POSITION – SHERIFF’S
        DEPARTMENT
        WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
        WHEREAS, one part-time Dispatcher has resigned and the position needs to be filled, and
        WHEREAS, there is funding available in the 2005 budget for this position.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill
the vacant part-time Dispatcher position at the starting pay rate of $10.99 per hour effective immediately.
VOTE: Passed 8-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
        Legislator Larison reported on the Public Safety/Criminal Justice Committee. He reported that there
will be someone from the State Public Defender’s Association at his committee meeting next Tuesday to
explain the $39,000 revenue that is being given the Public Defender’s Office and how it can be used.
        Legislator Slusser reported on the Management and Finance Committee. He reported that the proposed
Information Technology Policy has been issued to all legislators for review. A lot of work has gone into it. The
IT Committee is proposing this policy the way it is. He asked that they please review it and if there are any
reservations, pleases bring them forward for the Management and Finance Committee.
        Legislator Fagan reported on the Community Development and Natural Resources Committee. He
reported that last Saturday there was a tire collection day held at the Highway Department. It was short notice
and they had terrible weather. However, they collected 1,300 tires, half of which went to WGI for safety
efforts. He thanked all of the volunteers involved.
194                                   SCHUYLER COUNTY LEGISLATURE
PUBLIC PARTICIPATION:
        Judy Lampman thanked Legislator Bleiler for the information on budgeting, Medicaid, etc. It gave her
some insight on the overall county budget.
        Angie Franzese commented that the Legislature votes to approve increases in taxes, but then turns
around and votes on increases in expenses, such as the capital chargeback for Corning Community College, a
possible building project to address space needs, etc. She suggested they start cutting expenses and use fund
balance to offset taxes since the fund balance is twice what is recommended by the state.
        Legislator Slusser clarified that the support for Corning Community College is for capital projects, such
as replacing a roof, not for a new building.
        The Meeting adjourned at 8:30 p.m.
                Gail M. Hughey, Clerk
                Stacy B. Husted, Deputy Clerk

                                           REGULAR MEETING
                                              MAY 9, 2005

         The May 9, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan and followed by a Moment of
Silence. All Legislators were present. County Attorney Coleman and County Administrator, Timothy
O’Hearn, were also present.
PUBLIC PARTICIPATION:
         Judy Lampman from the Seneca Clipper Inn was present with Ted Galeski from the Magnolia Bed &
Breakfast to share information on a bill having to do with funding tourism and economic development. The
state is considering taxing gambling casinos to help fund tourism and she is in favor of it. She also shared that
the Schuyler County Lodging Association is using the old Timespell ticket booth to give out information on all
businesses in the county. See press release on file in the Legislative Office.
6:45 P.M. – ECONOMIC OPPORTUNITY PROGRAM, INC. PRESENTATION BY ANDREA
OGUNWUMI:
         Legislator Bingell announced that this is a special day for Schuyler County. In 1983 Schuyler County
became part of the Economic Opportunity Program (EOP). EOP was created back in 1964 by an act of
Congress. It is 40 years old this year. She introduced Andrea to make a presentation to legislators and the
public explaining what EOP does for the community. Andrea stated she had come to the Legislature about a
year ago. She introduced Maryanne Bryant, Deputy of Resources. She then handed out information on EOP to
the legislators (on file). In summary, their national and local focus is to save lives. They provide a lot of
programs and services. They are happy to have Legislator Sharon Bingell on their board. She highlighted areas
of interests in the handout. She invited everyone to their open house here in Watkins Glen at 507 N. Franklin
St., Wednesday, June 8th from 3-5 p.m. They look forward to servicing Schuyler County for many more years
to come.
RESOLUTION NO. 169 Motion by Larison, Second by Bingell.
RE: RECOGNIZE THE WEEK OF MAY 7-15, 2005 AS SEE AMERICA WEEK/NATIONAL TOURISM
         WEEK
         WHEREAS, over 1.5 million travelers visited Schuyler County, contributing $25 million to the
County’s economy, and
         WHEREAS, travel and tourism provides employment for 720 people, generating a payroll of $10.5
million, and
         WHEREAS, travel and tourism ranks as one of Schuyler County’s largest industries in terms of
revenues generated, and
         WHEREAS, the travel and tourism industry supports the vital interests of Schuyler County, contributing
to our employment, economic prosperity, and goodwill, and
         WHEREAS, as people throughout the world become more aware of the outstanding cultural and
recreational resources available in Schuyler County and the United States, travel and tourism will become an
                                        PROCEEDINGS OF THE YEAR 2005                                         193
increasingly important aspect in the lives of our citizens, and
         WHEREAS, given these laudable contributions to the economic, social, and cultural well being of the
citizens of Schuyler County, it is fitting that we recognize the importance of travel and tourism.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes the
week of May 7-15, 2005 as See America Week/National Tourism Week, and the Chairman is authorized and
requested to issue a proclamation calling upon the people of the Schuyler County to observe this week with
appropriate ceremonies and activities.
VOTE: Passed 8-0.
RESOLUTION NO. 170 Motion by Larison, Second by Bingell.
RE: PROCLAIM THE MONTH OF MAY 2005 AS COMMUNITY ACTION MONTH
         WHEREAS, community action agencies were created when the Economic Opportunity Act of 1964 was
signed into law, and
         WHEREAS, community action agencies have more than a 40-year history of promoting self-sufficiency
for the limited income, and
         WHEREAS, community action agencies have made an essential contribution to individuals and families
in Schuyler County by providing them with innovative and cost-effective programs, and
         WHEREAS, community action agencies are needed as major participants in the reform of the welfare
system as we know it, and
         WHEREAS, welfare reform in Schuyler County has benefited from a partnership with its community
action agencies, and
         WHEREAS, the limited income citizens continue to need opportunities to improve their lives and their
living conditions, thus ensuring that all citizens are able to live in dignity, and
         WHEREAS, Schuyler County and the entire United States must continue to wage war on poverty by
providing support and opportunities for all citizens in need of assistance.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, does hereby proclaim
May 2005 as Community Action Month in Schuyler County in recognition of the hard work and dedication of
its designated community action agency.
VOTE: Passed 8-0.
RESOLUTION NO. 171 Motion by Larison, Second by Bingell.
RE: SET PUBLIC HEARING ON THE INCLUSION OF ADDITIONAL LANDS IN SCHUYLER
         COUNTY AGRICULTURAL DISTRICTS
         WHEREAS, in accordance with New York State Agricultural Law, Article 25AA, Schuyler County has
established an annual enrollment period for landowners to petition the County to include their land in one of the
three Schuyler County Agricultural Districts, and
         WHEREAS, during the 2005 enrollment period the County received requests to add 13 parcels to the
districts.
         NOW, THEREFORE, BE IT RESOLVED, that the Legislature sets a public hearing for June 13th at
7:00 p.m. in the Legislative Chambers, to accept public comment on the addition of these parcels to Agricultural
Districts I, II and III.
VOTE: Passed 8-0.
RESOLUTION NO. 172 Motion by Yuhasz, Second by Bingell.
RE: RECOGNIZE MAY AS MENTAL HEALTH MONTH - COMMUNITY SERVICES
         WHEREAS, Schuyler County Mental Health Clinic provides Outpatient Mental Health Services,
including Children and Adult Case Management Services, and
         WHEREAS, mental health is essential to everyone’s overall health and well-being, and
         WHEREAS, mental health problems do not discriminate between race, creed, age limit or economic
status, and
         WHEREAS, untreated or under treated mental illness costs public and private employers billions of
dollars annually through absenteeism, turnover, low productivity and increased medical costs, and
         WHEREAS, Elmira Psychiatric Center provides a Socialization Program, Intensive Case Management
Services, and Intensive Psychiatric Rehabilitation Treatment to adults in Schuyler County, and
194                                   SCHUYLER COUNTY LEGISLATURE
        WHEREAS, Gateways provides Community Residence Program, Supportive Apartments, Intensive
Supportive Apartments and Independent Living Apartments for mentally impaired individuals of Schuyler
County, and
        WHEREAS, Pathways, Inc. provides respite services for children and youth and operates the REACH
Family Based Treatment Program, and
        WHEREAS, the Schuyler County Mental Health Association actively promotes education and other
activity in support of mental health programs, and
        WHEREAS, the Community Services Board and the Mental Health Subcommittee of the Community
Services Board are responsible for mental health programming and services in Schuyler County.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes May
as Mental Health Month and offers its support and encouragement to all consumers, clients and their families,
and local service providers as they work together to overcome and manage disabilities and achieve and maintain
the highest level of participation in our community.
VOTE: Passed 8-0.
RESOLUTION NO. 173 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL
        CHILDREN WITH DISABILITIES FROM JULY 1, 2005 – JUNE 30, 2006 – HEALTH SERVICES
        WHEREAS, Schuyler County must provide transportation to preschool children with disabilities.
        NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Health Services be hereby authorized
to advertise for bids for the transportation of preschool children with disabilities from July 1, 2005 through June
30, 2006, and
        BE IT FURTHER RESOLVED, that bids are to be marked “Sealed Bid” and received by the Clerk of
the Legislature at the County Office Building, 105 Ninth St., Unit 6, Watkins Glen, NY 14891, no later than
9:15 AM, June 1, 2005. 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, 2005 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to
accept or reject any and all bids.
VOTE: Passed 8-0.
RESOLUTION NO. 174 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE APPOINTMENT TO THE ALCOHOL AND SUBSTANCE ABUSE SUBCOMMITTEE
        - COMMUNITY SERVICES
        WHEREAS, the Alcohol and Substance Abuse Subcommittee has several vacancies, and Michelle
Ormsbee has expressed an interest in serving on the Subcommittee.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the
appointment of Michelle Ormsbee to the Alcohol and Substance Abuse Subcommittee for the term May 9, 2005
through December 31, 2008.
VOTE: Passed 8-0.
RESOLUTION NO. 175 Motion by Larison, Second by Bingell.
RE: AUTHORIZE 2005 CONTRACT RENEWAL WITH MEDWISDOM FOR SOFTWARE
        MAINTENANCE – COMMUNITY SERVICES
        WHEREAS, MedWisdom currently provides software maintenance for the MD2000 billing and record
system for the Community Services Department, and
        WHEREAS, continuation of the software maintenance agreement is necessary to maintain the revenue
flow generated from the billing process, and
        WHEREAS, MedWisdom has increased their quarterly maintenance fee for 2005 from three hundred
and thirty dollars ($330.00) to four hundred dollars ($400.00).
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with MedWisdom for software maintenance for the MD2000 system for the period
January 1, 2005 through December 31, 2005, at a quarterly rate of $400.00, the total amount of the agreement
not to exceed $1,600, such amount provided for in the 2005 Community Services budget, account 4310.435,
subject to approval by the Schuyler County Attorney.
                                    PROCEEDINGS OF THE YEAR 2005                                          193
VOTE: Passed 8-0.
RESOLUTION NO. 176 Motion by Larison, Second by Bingell.
RE: AMEND THE 2005 COUNTY BUDGET FOR MEDICAID FUNDING – COMMUNITY SERVICES
        WHEREAS, the New York State Office of Mental Health has implemented a change in the funding of
the Intensive Case Management and Supportive Case Management programs effective January 1, 2005, and
        WHEREAS, this change includes an enhanced fee for service reimbursement rate through Medicaid for
case management services, and
        WHEREAS, this change will result in a reduction in State Aid and an increase in fee for service
Medicaid revenue.
        WHEREAS, the New York State Office of Mental Health has allocated $1,500 ($500 per case manager)
specifically for training purposes.
        NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorizes the County Treasurer to
amend the 2005 Mental Health Budget as follows:
        AMOUNT                 ACCOUNT               DESCRIPTION
        +$36,843               4310-1620             Mental Health Fees
        + 1,500                4310-0440             Travel
        + 9,973                4310-0435             Professional Fees
        - $25,370              4310-3490             State Aid – Mental Health
VOTE: Passed 8-0.
RESOLUTION NO. 177 Motion by Larison, Second by Bingell.
RE: DECLARE LAPTOP SURPLUS AND TRANSFER TO THE MONTEREY VOLUNTEER FIRE
        DEPARTMENT – SHERIFF’S DEPARTMENT
        WHEREAS, the Sheriff’s Department has an old laptop computer which is no longer being used, and
        WHEREAS, the Monterey Volunteer Fire Department is in need of such a computer for programming
their radios.
        NOW, THEREFORE, BE IT RESOLVED, that pursuant to County Law Section 215, this Legislature
hereby declares the above laptop computer surplus and transfers the same to the Monterey Volunteer Fire
Department.
VOTE: Passed 8-0.
RESOLUTION NO. 178 Motion by Larison, Second by Bingell.
RE: RESOLUTION SUPPORTING THE NEW YORK STATE LEGISLATURE IN PASSING
        ASSEMBLY BILL NO. A.03245 AND SENATE BILL NO. S.02842 AUTHORIZING COUNTIES TO
        IMPOSE FEES ON PROBATIONARY CLIENTS FOR THE ACTUAL COST OF DRUG TESTS
        WHEREAS, Assembly Bill 03245 and Senate Bill 02842, if enacted, would provide financial assistance
to counties with administrative costs incurred by local probation departments in rendering probation services.
This legislation expands authority for local jurisdictions to impose a general administrative fee, a fee for
electronic monitoring, and drug testing fees upon all adult probationers or conditional releases.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby encourages the
New York State Legislature to pass Senate Bill S.02842 and Assembly Bill A.03245 to adopt special legislation
to authorize counties to impose fees on probationary clients for the actual cost of drug tests, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York
State Senator George H. Winner, Jr., New York State Assemblyman Thomas M. O’Mara, to the Majority and
Minority Leaders of the New York State Assembly and Senate, and to the Inter-County Association of Western
New York.
VOTE: Passed 8-0.
RESOLUTION NO. 179 Motion by Larison, Second by Bingell.
RE: AMEND 2005 BUDGET FOR INDIGENT REVENUES - PUBLIC DEFENDER
        WHEREAS, the Schuyler County Public Defender’s Office is in receipt of 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
194                                     SCHUYLER COUNTY LEGISLATURE
otherwise have had to expend for the provision of counsel and expert, investigative and other services pursuant
to article eighteen-B of the county law; and
         WHEREAS, said funds need to be placed in the appropriate line items in the budget.
         NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorizes the County Treasurer to
amend the 2005 Public Defender’s budget as follows:
         AMOUNT                  ACCOUNT NO.                   DESCRIPTION
         +$27,500.00             1170.400                      Contractual Services - ILSF
         +$12,165.57             1170.435                      Professional Fees and Services
         +$39,665.57             1170-3389                     Other Indigent Services Fund
VOTE: Passed 8-0.
RESOLUTION NO. 180 Motion by Larison, Second by Bingell.
RE: RESOLUTION SUPPORTING STATE FUNDING AND INDEPENDENT OVERSIGHT OF PUBLIC
         DEFENSE FUNCTIONS – PUBLIC DEFENDER - FAILED
         WHEREAS, in certain proceedings New York State is required to provide high quality legal assistance
to persons otherwise financially unable to obtain counsel and/or necessary expenses of representation, and
         WHEREAS, providing those public defense services serves the ends of justice in accordance with rights
and privileges guaranteed by the constitution of the state of New York and the Constitution of the United States
of America, and
         WHEREAS, the availability of high quality public defense services affirms the faith of citizens in New
York State's government of laws, and
         WHEREAS, the present system under County Law Articles 18-A and 18-B of requiring the counties to
assume the State's burden of providing public defense services, with little state financial assistance and no state
oversight, is operating unsatisfactorily, and
         WHEREAS, counties and localities are struggling to carry the increasing burden of fulfilling the state
mandate to provide defense services, and
         WHEREAS, no mechanism currently exists for state oversight of the provision of public defense
services, despite its character as a state mandate and the appropriation of some funds to support public defense
services, and
         WHEREAS, sound fiscal and governmental policy require oversight of defense services to ensure that
the state mandate is being met and to determine the most effective and efficient future allocation of state funds.
         NOW, THEREFORE, BE IT RESOLVED, that Schuyler County respectfully requests the Governor of
the State of New York to support and the New York State Legislature to pass legislation introduced this session
(A.6908), which:
         a) increases funding for the provision of public defense services in each of the counties of the state,
         and
         b) creates an independent and politically insulated statewide Public Defense Commission to oversee
         both the distribution of state funds and the provision of defense services that would:
                 1) Establish and monitor compliance with standards for the provision of defense services to
                 assure effective, efficient representation;
                 2) Administer distribution of state funds to counties and localities; and
                 3) Report to the Governor, the Legislature and the Judiciary annually, making recommendations
                 as to actions needed to improve the provision of public defense services in New York State, and
         BE IT FURTHER RESOLVED, that copies of this resolution be sent to the Governor of the State of
New York, the Majority Leader of the New York State Senate, the Speaker of the New York State Assembly,
the Chairs of the Codes Committees of the New York State Senate and Assembly, the State Senators and
Assembly Members representing Schuyler County, and to the Inter-County Association of Western New York.
VOTE: Failed 3-5. (Noes: Fagan, Bleiler, Yuhasz, Slusser & Gifford)
RESOLUTION NO. 181 Motion by Yuhasz, Second by Karius.
RE: AUTHORIZE AMENDMENT TO THE CONTRACT WITH STANLEY CLARK FOR OFFICE
         COVERAGE – VETERANS SERVICE AGENCY
         WHEREAS, the Veterans Service Agency is need of more office coverage from Stanley Clark than
                                     PROCEEDINGS OF THE YEAR 2005                                           193
anticipated for the year 2005, and
        WHEREAS, the hours need to be extended from 100 hours to 240 hours for the year at $12/hour, and
        WHEREAS, there is also a need for this contractor to be able to attend conferences in the absence of the
Director.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an amendment to the contract with Stanley Clark for the Veterans Service Agency for the term January
1, 2005 through December 31, 2005 to extend the hours of coverage from 100 hours to 240 hours, in an
additional amount of $1,860, funding available in the 2005 Veterans budget account no. 6510.435-Professional
Fees and Services; subject to approval of the Schuyler County Attorney, and
        BE IT FURTHER RESOLVED, that Stanley Clark be hereby authorized to attend conferences in the
absence of the Director within budgeted funds
VOTE: Passed 8-0.
RESOLUTION NO. 182 Motion by Yuhasz, Second by Karius.
RE: AUTHORIZE FILLING VACANT MEAL DELIVERER POSITION – OFFICE FOR THE AGING
        WHEREAS, the Schuyler County Office for the Aging as a vital part of its mission serves on the
average over twenty-five (25) thousand home delivered meals and over fourteen (14) thousand congregate
meals on an annual basis to residents of Schuyler County who are sixty years and older, and said meals and
related expenditures account for over two hundred thousand dollars from this Office’s budget, and
        WHEREAS, to be able to continue to deliver the large number of meals every month it is vital to replace
this meal deliverer and maintain the staff at the current level, and
        WHEREAS, funds for the payment of this position have previously been budgeted and provided for by
Title III C of the Older Americans Act, NYS Supplemental Nutritional Assistance Program, and the Schuyler
County Budget, and this is a non-competitive position requiring no testing.
        NOW, THEREFORE, BE IT RESOLVED, that the Office of the Aging Director is authorized to fill the
vacant Meal Deliverer position at Grade Level 0, $10.40 per hour, for 20 hours a week, such hiring is
contingent on the Office for the Aging having funds available for such a position.
VOTE: Passed 8-0.
RESOLUTION NO. 183 Motion by Yuhasz, Second by Karius.
RE: DECLARE EQUIPMENT SURPLUS - VARIOUS DEPARTMENTS – AMENDED BY
        RESOLUTION NO. 226-05
        WHEREAS, several county departments have surplus equipment and vehicles.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby declares the
following list of equipment and vehicles surplus to be sold in accordance with County Law Section 215:
        1992 Ford F15 Pickup                           1985 Waldon Road Sweeper - Self Propelled
        1998 Chevrolet Pickup                          1974 Apsco Shoulder Widener – Self Propelled
        1972 Hough H-65 Payloader                      1997 Ford Crown Victoria
        (2) 12’ Viking on Way Plow                     1999 Ford Crown Victoria
        (2) 13’ Viking Plow Wing                       2002 Chrysler Voyager
        2003 Chevrolet Malibu                          2003 Ford Taurus
        2004 Dodge Intrepid                            1996 Oldsmobile Cutlass
        1952 5,000 Gallon Water Tank Trailer           1984-86 Sheriff’s Patrol Boat w/trailer
VOTE: Passed 8-0.
RESOLUTION NO. 184 Motion by Bleiler, Second by Yuhasz.
RE: AUTHORIZE AMENDMENT TO THE AGREEMENT WITH HARTER, SECREST & EMERY FOR
        LABOR COUNSEL SERVICES – HUMAN RESOURCES
        WHEREAS, Resolution No. 521-04 accepted a proposal from Harter, Secrest & Emery, LLP for labor
counsel services for the Human Resources Department for the year 2005 at the rate of $145 per hour, and
        WHEREAS, the rate of $145 per hour is for any associate attorneys, however any partner activity is at
the rate of $200 per hour.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an addendum to the agreement with Harter, Secrest & Emery, LLP to set forth the rate for partner
194                                    SCHUYLER COUNTY LEGISLATURE
activity, effective April 1, 2005 through December 31, 2005; funding available in Human Resources account
no. 1430.435; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 185 Motion by Bleiler, Second by Yuhasz.
RE: LOCAL LAW INTRO. NO. 4/LOCAL LAW NO.                               OF THE YEAR 2005 SETTING SALARIES
        FOR CERTAIN ELECTED OFFICIALS
        WHEREAS, the County law permits and requires the Legislature to set the salaries of all officials paid
from County funds, and
        WHEREAS, the salaries of certain elected officials have been reviewed and are in need of revision upon
the expiration of their terms
        NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4/Local Law No.                    of the year
2005, in the form hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and
        BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on
June 13, 2005 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins
Glen, NY.
                  LOCAL LAW INTRO. NO. 4/LOCAL LAW NO.                         OF THE YEAR 2005
        A Local Law Setting Salaries for Certain Elected Officials for Fiscal Years 2006, 2007, 2008, 2009.
Section 1.       LEGISLATIVE INTENT
        This Local Law is enacted pursuant to Sections 200 and 201 of the County Law for the purpose of
setting the salaries of certain elected officials for fiscal years 2006, 2007, 2008, 2009.
Section 2.       OFFICIALS/SALARIES
        Effective with the first County payroll for fiscal years 2006, 2007, 2008 and 2009 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                     $6,184
                                 Sheriff                         $55,897
                                 County Clerk                    $39,450
                                 *District Attorney              $119,800
* - salary set and subject to change by State of New York
Section 3.       EFFECTIVE DATE
        This Local Law shall take effect immediately upon the filing with the Secretary of State.
VOTE: Passed 8-0.
RESOLUTION NO. 186 Motion by Bleiler, Second by Yuhasz.
RE: AUTHORIZE TRANSFER OF FUNDS TO PAY SUNY BINGHAMTON - LEGISLATURE
        WHEREAS, there is one final payment that needs to be paid to SUNY Binghamton for the Performance
Based Budget project, and
        WHEREAS, funds were budgeted in the 2004 budget and converted to fund balance as unspent.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer $218.72 from Contingency account no. 1990.500 to Legislative account no. 1010.435.
VOTE: Passed 7-1. No: Larison.
RESOLUTION NO. 187 Motion by Larison, Second by Bingell.
RE: AUTHORIZE TRANSFER OF FUNDS TO PAY ITALIAN/AMERICAN FESTIVAL COMMITTEE
        FOR SESQUICENTENNIAL EVENT
        WHEREAS, it was agreed that the County would reimburse the Italian/American Festival Committee
for their efforts during the sesquicentennial event in 2004, and
        WHEREAS, funds were budgeted in the 2004 budget and converted to fund balance as unspent.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer $935.00 from Contingency account no. 1990.500 to Celebrations account no. 7510.400.
VOTE: Passed 8-0.
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RESOLUTION NO. 188 Motion by Larison, Second by Bingell.
RE: AUTHORIZE FILLING VACANT SR. ACCOUNT CLERK TYPIST POSITION – TREASURER’S
        OFFICE – RESCINDED BY RESOLUTION NO. 229-05
        WHEREAS, Resolution No. 439-03 requires legislative approval to fill all vacant positions, and
        WHEREAS, the Sr. Account Clerk Typist in the Treasurer’s Office has tendered her resignation
effective May 27, 2005.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the County Treasurer
to fill the pending vacant Sr. Account Clerk Typist position, Grade Level XII, $12.80 per hour, funding
available in the Treasurer’s 2005 Personal Services line item.
VOTE: Passed 8-0.
WITHDRAWN
RE: RESOLUTION TO DECLARE EQUIPMENT SURPLUS – REAL PROPERTY TAX SERVICE -
        WITHDRAWN
        WHEREAS, the Real Property Tax Service annually microfilms the Schuyler County tax map set, and
no longer has use for the 2002 tax map set.
        NOW THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that this County
Legislature hereby declares as surplus the following items from the Real Property Tax Office and authorizes the
Real Property Tax Office to dispose of the same, with a minimum bid per set as set forth:
                2002 TAX MAP SET - $200.00
RESOLUTION NO. 189 Motion by Larison, Second by Bingell.
RE: ADOPT INSURANCE STANDARDS WAIVER POLICY
        WHEREAS, it is occasionally necessary for the Legislature to grant a waiver of County insurance
standards for good cause shown and,
        WHEREAS, this function would be more efficiently performed by a delegation of authority.
        NOW, THEREFORE, BE IT RESOLVED, that requests for waivers of County insurance standards shall
thereafter be granted by a consensus of the Chairman of the Legislature, the County Administrator and the
County Attorney, County insurance standards to remain in full force and effect. Waivers shall be granted only
in writing and copies therof shall be appended to the particular contract at issue, and
        BE IT FURTHER RESOLVED, that upon obtaining consensus, any of the designees may sign the
waiver and in the event of an impasse regarding granting a waiver, the parties may submit the issue to the
Legislature per prior practice.
VOTE: Passed 8-0.
RESOLUTION NO. 190 Motion by Bingell, Second by Bleiler.
RE: AMEND RESOLUTION NO. 106-05 TO INCLUDE KNIGHT SETTLEMENT AS A BID
        EXTENSION – HIGHWAY DEPARTMENT
        WHEREAS, Resolution No. 106-05 exercised the second and final year of a two-year contract renewal
option for Crushed Stone (Limestone) and Crushed Gravel, and
        WHEREAS, Knight Settlement was inadvertently omitted from the original resolution.
        NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 106-05 be amended to accept the bid
extension from Knight Settlement, PO Box 191, Knight Settlement Road, Bath, NY 14810.
VOTE: Passed 8-0.
RESOLUTION NO. 191 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100% OF
        THE FEDERAL-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT,
        AND APPROPRIATING FUNDS THEREOF – HIGHWAY DEPARTMENT
        WHEREAS, a Project for the replacement of BIN 3332390, Stillwell Road over Taughannock Creek,
Town of Hector, Schuyler County, PIN 6753.77 (“the Project”) is eligible for funding under Title 23 U.S. Code,
as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal
funds and 20% non-federal funds, and
194                                  SCHUYLER COUNTY LEGISLATURE
        WHEREAS, the County of Schuyler desires to advance the Project by making a commitment of 100%
of the non-federal share of the costs of the replacement of BIN 3332390, Stillwell Road over Taughannock
Creek, Town of Hector, Schuyler County, PIN 6753.77.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, duly convened does
hereby approve the above-subject project, and authorizes payment in the first instance 100% of the federal and
non-federal share of the cost of Preliminary Engineering and Design work for the Project or portions thereof,
and
        BE IT FURTHER RESOLVED, that the sum of approximately $110,000.00 and will be appropriated in
upcoming budgets, account number 5020.400 and made available to cover the cost of participation in the above
phase of the Project, and
        BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the
project exceeds the amount appropriated above, the County of Schuyler shall convene as soon as possible to
appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and
        BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County Legislature be hereby
authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or
Marchiselli Aid on behalf of the County of Schuyler with the New York State Department of Transportation in
connection with the advancement or approval of the Project and providing for the administration of the Project
and the municipality’s first instance funding of Project costs and permanent funding of the local share of
federal-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible,
subject to approval of the Schuyler County Attorney, and
        BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and
        BE IT FURTHER RESOLVED, this Resolution shall take effect immediately.
VOTE: Passed 8-0.
RESOLUTION NO. 192 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE CONSIGNMENT CONTRACTS FOR COUNTY AUCTION OF SURPLUS
        VEHICLES – HIGHWAY DEPARTMENT
        WHEREAS, the Public Works Committee has agreed with the Highway Superintendent to take surplus
items to auction.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of Legislature be hereby authorized to
sign contracts with Roy Teitsworth for auctions in Palmyra and Lansing, at a 10% commission; subject to the
approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 193 Motion by Bingell, Second by Bleiler.
RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS ASSEMBLY
        BILL A.6556 AND SENATE BILL S.3415 TO AUTHORIZE SCHUYLER COUNTY TO
        DISCONTINUE THE USE OF AND CONVEY CERTAIN PARK LANDS TO THE KROG
        CORPORATION IN EXCHANGE FOR ADDITIONAL PARKLANDS
        BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State
Legislature pass Senate Bill S.3415 and Assembly Bill A.6556 to adopt special legislation, to authorize
Schuyler County to discontinue the use of and convey certain park lands to the Krog Corporation in exchange
for additional parklands, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York
State Senator George H. Winner, Jr., New York State Assemblyman Thomas M. O’Mara, and to the Majority
and Minority Leaders of the New York State Assembly and Senate.
VOTE: Passed 8-0.
RESOLUTION NO. 194 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE ADVERTISING FOR SENECA HARBOR PARK PHASE III PROJECT BIDS –
        SENECA HARBOR PARK
        WHEREAS, Resolution No. 54-05 authorized design work to be done to complete the east end of the
Seneca Harbor Park parking area.
                                        PROCEEDINGS OF THE YEAR 2005                                      193
         NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Schuyler County Legislature be hereby
directed to advertise for bids of the Phase III parking upon completion of the Design & Bid specifications by
Hunt Engineers, Architects and Surveyors.
VOTE: Passed 8-0.
RESOLUTION NO. 195 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE PAYMENT FOR NEW HANDRAILS TO THE SECOND FLOOR OF THE DISTRICT
         ATTORNEY’S OFFICE – BUILDINGS AND GROUNDS
         WHEREAS, the existing handrail going to the second floor in the District Attorney’s Office does not
meet NYS Building Codes or OSHA standards, and
         WHEREAS, a new handrail has been designed to be installed in a way to preserve the historic existing
handrail yet meet all codes.
         NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the payment of $6,500.00 to
Jacobson’s Steel Works for the new handrail design and installation from capital account 004-0004-0878.
VOTE: Passed 8-0.
RESOLUTION NO. 196 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE GRANT APPLICATION FOR PURCHASE OF LAND AND IMPROVEMENTS
         RELATIVE TO THE CATHARINE VALLEY TRAIL – BUILDINGS AND GROUNDS
         WHEREAS, the county is acquiring a parcel of land which extends from the east end of Seneca Harbor
Park southeast fifteen (15) feet wide along the southern edge of the Finger Lakes Rail Road right-of-way to a
point just past Perry Street, and
         WHEREAS, the intended use of this land is for the Catharine Valley Trail to reach its northern end in
Seneca Harbor Park, and
         WHEREAS, there is about five hundred (500) feet of private land between the east end of the new
parcel and Fourth Street, which connects to the Village of Watkins Glen property, that is to be used for the
Catherine Valley Trail.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign a grant application for funding under the Environmental Protection Act of 1993 and Federal Land and
Water Conservation Fund for the purchase of the remaining land as well as making the Catherine Valley Trail
improvements.
VOTE: Passed 8-0.
RESOLUTION NO. 197 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE CREATION AND FILLING OF ONE (1) TEMPORARY LABORER POSITION –
         HIGHWAY DEPARTMENT
         WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
         WHEREAS, the Highway Superintendent has decided it would be beneficial to create and fill one (1)
additional temporary Laborer to help with the summer road maintenance, and
         WHEREAS, there is currently one (1) temporary motor equipment operator and three (3) temporary
laborer positions approved, and
         WHEREAS, the temporary motor equipment operator position is to be eliminated, giving Highway a
total of four (4) temporary laborers, and
         WHEREAS, the funding for this position is available in the 2005 Personal Services Account.
         NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent be hereby authorized to
eliminate the temporary motor equipment operator position and create and fill one (1) additional temporary
laborer position and at the rate of $ 7.00 per hour for not more than a six (6) month period.
VOTE: Passed 8-0.
RESOLUTION NO. 198 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE MEMORANDUM OF AGREEMENT FOR SHERIFF’S DEPARTMENT
         BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a
Memorandum of Agreement as drafted and approved by the County’s labor counsel relative to a labor issue
involving the Sheriff’s Department.
VOTE: Passed 8-0.
194                                   SCHUYLER COUNTY LEGISLATURE
RESOLUTION NO. 199 Motion by Larison, Second by Bingell.
RE: RECOGNIZE MAY 6-12, 2005 AS NATIONAL NURSES WEEK
        WHEREAS, the nearly 2.7 million registered nurses in the United States comprise our nation’s largest
health care profession, and the depth and breadth of the registered nursing profession meets the different and
emerging health care needs of the American population in a wide range of settings, and
        WHEREAS, professional nursing has been demonstrated to be an indispensable component in the safety
and quality of care of hospitalized patients, and the demands for registered nursing services will be greater than
ever because of the aging of the American population, the continuing expansion of life-sustaining technology,
and the explosive growth of home health care services.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature ask all residents of
Schuyler County to join them in honoring the registered nurses who care for all of us, and
        BE IT FURTHER RESOLVED, that the residents of Schuyler County celebrate registered nursing’s
accomplishments and efforts to improve our health care system and show our appreciation for the nation’s
registered nurses not just during this week, but at every opportunity throughout the year.
VOTE: Passed 8-0.
RESOLUTION NO. 200 Motion by Larison, Second by Bingell.
RE: ADOPT INFORMATION SECURITY AND COMPUTING POLICIES
        WHEREAS, the Information Technology Committee was given a directive to create one document
relative to information security and computer use policies, and
        WHEREAS, the primary objectives of the policies are to effectively manage the risk of security
exposure or compromise within Schuyler County systems, and
        WHEREAS, the Information Technology Committee recommends that the Schuyler County Legislature
adopt these policies.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the
Schuyler County Information Security and Computing Policies, as attached hereto to be made part of Schuyler
County Policies and Procedures effective immediately and to be distributed to all county employees for their
signature.
VOTE: Passed 8-0.
RESOLUTION NO. 201 Motion by Larison, Second by Bingell.
RE: AUTHORIZE GRANT APPLICATION FOR BYRNE GRANT FUNDS FOR THE PURCHASE OF
        SOFTWARE AND EQUIPMENT – PROBATION DEPARTMENT
        WHEREAS, the New York State Division of Probation and Correctional Alternatives (NYSDPCA) and
the New York State Division of Criminal Justice Services (NYSDCJS) have Byrne Grant funding available for
the Schuyler County Probation Department to assist them in purchasing new software and equipment, and
        WHEREAS, the Probation Department wishes to apply for said grant funds in the amount not to exceed
$30,000, and
        WHEREAS, this grant requires a 25% county match which will need to be appropriated in the 2006
budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
accept any approved funds and sign any necessary documents for said funds; subject to the approval of the
Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 202 Motion by Bingell, Second by Bleiler.
RE: MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR
        BE IT RESOLVED, that one (1) Resolution be brought to the floor.
VOTE: Passed 8-0.
RESOLUTION NO. 203 Motion by Slusser, Second by Bingell.
RE: RECOGNIZE THE WEEK OF MAY 15-21, 2005 AS EMERGENCY MEDICAL SERVICES WEEK
        WHEREAS, emergency medical services is a vital public service, and
        WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to
those in need 24 hours a day, seven days a week, and
                                       PROCEEDINGS OF THE YEAR 2005                                          193
        WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of
those who experience sudden illness or injury, and
        WHEREAS, emergency medical services providers have traditionally served as the safety net of
America’s health care system, and
        WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses,
emergency medical technicians, paramedics, firefighters, educators, administrators, and others, and
        WHEREAS, approximately two-thirds of all emergency medical services providers are volunteers, and
        WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in
thousands of hours of specialized training and continuing education to enhance their lifesaving skills, and
        WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals,
        and
        WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical
services providers by designating Emergency Medical Services Week, and
        WHEREAS, injury prevention and the appropriate use of the EMS system will help reduce national
health care costs.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes the
week of May 15-21, 2005 as Emergency Medical Services Week and encourages the community to observe this
week with appropriate programs, ceremonies, and activities.
VOTE: Passed 8-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
        Legislator Larison reported on the Public Safety/Criminal Justice Committee. There was an article in
the Star Gazette informing everyone that when you get a ticket now, you not only pay the judge, you pay the
State $23 per point.
        Legislator Bingell reported on the Public Works Committee. The Highway Department is out fixing
potholes and have started their summer hours. She reported that the concern with County Route 23 and
speeding has been addressed. The police have picked up ten people going more than seventy miles per hour.
She, herself, has noticed that there are more Sheriff and State Trooper vehicles on that route also.
        Legislator Fagan reported on the Community Development and Natural Resources Committee. In
regards to SCOPED, there is new legislation on the Empire Zones. Our Empire Zones need to be three separate
areas. The process is starting all over again. Businesses already certified will continue to receive Empire Zone
benefits. Also, SCOPED is proceeding with the wine processing study. Twenty-three wineries responded to
their survey. The concept is to have a centralized facility. He hopes it helps the smaller wineries.
PUBLIC PARTICIPATION:
        George Roets, Director of Community Services/Public Health, wanted to remind everyone that it is
rabies season. He reported that there have been four animals with rabies in our county. Please be aware and be
vigilant. Make sure pets are vaccinated. All four animals were raccoons. That has lead to four individuals that
have had to have treatment.
        Judy Lampman said she is very interested in the EOP. She feels badly that some young people that
come into her place to apply for a job are high school dropouts. She asked Andrea if EOP works with high
school dropouts. Andrea said yes, with their case management program.
        MOTION by Legislator Larison to go into executive session to discuss employee work history and land
acquisition, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes.
        MOTION by Legislator Larison to come out of executive session, SECOND by Legislator Bingell.
Motion carried eight ayes to zero noes.
        The Meeting adjourned at 7:50 p.m.
                Gail M. Hughey, Clerk
                Stacy B. Husted, Deputy Clerk

                                            SPECIAL MEETING
194                               SCHUYLER COUNTY LEGISLATURE
                                         JUNE 2, 2005

        The June 2, 2005 Special Meeting of the Schuyler County Legislature was called to order at 9:30 a.m.
by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment of
Silence. All Legislators were present, except Legislators Karius and Bleiler who were excused. County
Attorney Coleman and County Administrator Timothy O’Hearn, were also present.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 204 Motion by Larison, Second by Bingell.
RE: RATIFICATION OF SPECIAL MEETING
        BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon
the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the
following items of business:
        1. RESOLUTION 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
        2. RESOLUTION REQUESTING STATE LEGISLATION TO AMEND RESIDENCY
            REQUIREMENTS FOR DEPUTY SHERIFF POSITIONS
        3. RESOLUTION SUPPORTING THE NEW YORK STATE LEGISLATURE IN PASSING
            ASSEMBLY BILL NO. A.7379 AND SENATE BILL NO. S.1490 AUTHORIZING LIMITED
            DIRECT INTERSTATE SHIPMENT OF WINE
VOTE: Passed 6-0.
RESOLUTION NO. 205 Motion by Bingell, Second by Larison.
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 2005, 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 2006-2007, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York
State Senator George H. Winner, Jr., New York State Assemblyman Thomas F. O’Mara and to the Majority and
Minority Leaders of the New York State Senate and Assembly.
VOTE: Passed 6-0.
RESOLUTION NO. 206 Motion by Bingell, Second by Larison.
RE: RESOLUTION              REQUESTING        STATE       LEGISLATION         TO    AMEND       RESIDENCY
        REQUIREMENTS FOR DEPUTY SHERIFF POSITIONS
        WHEREAS, the Sheriff has difficulty in filling Deputy Sheriff vacancies with qualified candidates due
to the provisions of Public Officers Law §3 which requires that a Deputy Sheriff be a resident of Schuyler
County.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature request the New York
State Legislature to amend Public Officers Law Section §3 as follows:
        In the County of Schuyler, the provisions of this section requiring a person to be a resident of the
political subdivision or municipal corporation of the state for which he shall be chosen or within which his
official functions are required to be exercised, shall not prevent a person from holding the office of Deputy
Sheriff of the County of Schuyler, provided however that such person performing the duties and functions of
                                       PROCEEDINGS OF THE YEAR 2005                                        193
deputy sheriff resides in Schuyler County or an adjoining county within the State of New York unless otherwise
provided by an action of the State Legislature.
DISCUSSION: Legislator Slusser asked if this requires a person to move within 60 days of being hired.
Attorney Coleman explained that this is permanent residence upon hire to live in Schuyler County or a
contiguous county. If you require that they must move within six months, you will run into the same problem
we are having now. Legislator Slusser expressed concern over making exceptions to rules or laws. Attorney
Coleman said we ought to be cautious and thoughtful on waivers, however this one is the most common
exception with no consequences. He feels it is pretty safe.
VOTE: Passed 6-0.
RESOLUTION NO. 207A Motion by Fagan, Second by Bingell.
RE: MOTION TO AMEND RESOLUTION NO. 207
        BE IT RESOLVED, that Resolution No. 207 be amended to add a third “Whereas” clause as follows:
        “Whereas, the New York State Farm Bureau recommends the support of this State Legislation.
DISCUSSION: Legislator Fagan said he is concerned about the bill language and it being opposed later. He
suggested that they might want to possibly just support the issue, not the specific bills. County Administrator
O’Hearn explained that Senator Winner’s bill has some problems, but it is better than the Governor’s proposal.
This is a direct recommendation from the New York State Farm Bureau. Legislator Fagan suggested they
amend the resolution to say that this is a recommendation from the New York State Farm Bureau.
VOTE: Passed 6-0.
RESOLUTION NO. 207 Motion by Bingell, Second by Larison.
RE: RESOLUTION SUPPORTING THE NEW YORK STATE LEGISLATURE IN PASSING
        ASSEMBLY BILL NO. A.7379 AND SENATE BILL NO. S.1490 AUTHORIZING LIMITED
        DIRECT INTERSTATE SHIPMENT OF WINE – AS AMENDED
        WHEREAS, Assembly Bill A.7379 and Senate Bill S.1490, if enacted, would authorize limited direct
interstate shipment of wine, and
        WHEREAS, granting wineries direct shipment privileges to out-of-state customers will represent a
significant and important market expansion, and facilitate important economic opportunities for many wineries
in Upstate New York, and
        WHEREAS, the New York State Farm Bureau recommends the support of this State Legislation.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby encourages the
New York State Legislature to pass Senate Bill S.1490 and Assembly Bill A.7379 to authorize direct interstate
shipment of New York State wines, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York
State Senator George H. Winner, Jr., New York State Assemblyman Thomas M. O’Mara, to the Majority and
Minority Leaders of the New York State Assembly and Senate, and to the Inter-County Association of Western
New York.
VOTE: Passed 6-0.
Legislator Larison excused at 9:45 a.m.
PUBLIC PARTICIPATION: None.
        MOTION by Legislator Slusser to go into executive session to discuss employee work history,
SECOND by Legislator Bingell. Motion carried five ayes to zero noes.
        MOTION by Legislator Bingell to come out of executive session, SECOND by Legislator Yuhasz.
Motion carried five ayes to zero noes.
        The Meeting adjourned at 9:50 a.m.
                Stacy B. Husted, Deputy Clerk

                                           REGULAR MEETING
                                              JUNE 13, 2005

      The June 13, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Gifford. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of
194                                    SCHUYLER COUNTY LEGISLATURE
Silence. All Legislators were present, except Legislator Karius who was excused. Assistant County Attorney
Morris and County Administrator Timothy O’Hearn, were also present.
PUBLIC PARTICIPATION: None.
7:00 P.M. – PUBLIC HEARING ON AGRICULTURAL DISTRICTS I, II & III:
         Legislator Bleiler explained that he sits on the Agricultural and Farmland Protection Board. The
enrollment period for the Agricultural District allows for people to have the opportunity to opt in or out of a
district at this time. He does not recall any requests for opt out.
7:00 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR
2005 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS: No participation.
RESOLUTION NO. 208 Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE MARCH 14, 2005 REGULAR MEETING OF THE SCHUYLER
         COUNTY LEGISLATURE
         BE IT RESOLVED, that minutes of the March 14, 2005 Regular Meeting of the Schuyler County
Legislature be approved.
VOTE: Passed 7-0.
RESOLUTION NO. 209 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH STEPHEN J.A. MAYBEE, P.E., FOR ENGINEERING
         SERVICES AND AMEND 2005 BUDGET – PUBLIC HEALTH
         WHEREAS, the New York State Department of Health now requires that a licensed professional
engineer review and approve design plans for onsite wastewater treatment systems, and
         WHEREAS, the New York State Department of Health also now requires that a licensed professional
engineer approve evaluations of onsite wastewater treatment systems, and
         WHEREAS, Stephen J.A. Maybee is a professional engineer who can provide general direction to the
Watershed Inspector as well as review and approve design plans for onsite wastewater treatment systems and
evaluate completed systems, and
         WHEREAS, the Schuyler County Watershed Office agrees to compensate Stephen J.A. Maybee at the rate
of $175.00 for the review and approval of each individual design plan and $100.00 for each evaluation of a
completed system, and
         WHEREAS, the cost for the professional engineering services will be paid for by the property owner
through the Watershed Inspector’s office and there will be no local share cost for the services.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into an agreement with Stephen J.A. Maybee, P.E., for professional engineering services, at the above-stated
rates, subject to the approval of the Schuyler County Attorney, and
         BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to make the following
amendments to the 2005 Public Health Budget:
         AMOUNT                 ACCOUNT NUMBER                       DESCRIPTION
         +$10,000               4050.435                             Professional Fees & Services
         +$10,000               4050-1609                            Watershed Revenues, and
         BE IT FURTHER RESOLVED, that the current Watershed fee schedule be amended to include
professional engineering services at the above stated rates.
VOTE: Passed 7-0.
RESOLUTION NO. 210 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT RENEWAL WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT
         FOR TRANSPORTATION SERVICES FOR 2005 -2006 – COMMUNITY SERVICES
         WHEREAS, the Community Services Department currently contracts with the Watkins Glen Central
School District for transportation services, and
         WHEREAS, continuation of these services would be beneficial to the delivery of mental health services
to the residents of Schuyler County.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract renewal with the Watkins Glen Central School District for the provision of transportation
services, for the period July 1, 2005 through June 30, 2006, at an hourly rate of $31.50, total annual amount not
                                      PROCEEDINGS OF THE YEAR 2005                                           193
to exceed $25,000, with no local share cost, such amount provided for in the Community Services budget,
account 4310.435-Professional Fees/Svcs.; subject to approval by the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 211 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT RENEWAL WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT
        FOR COORDINATOR OF SCHOOL SUPPORT SERVICES FOR 2005-2006 – COMMUNITY
        SERVICES
        WHEREAS, the Community Services Department currently contracts with the Watkins Glen Central
School District for a Coordinator of School Support Services and such contract will expire on June 30, 2005,
and
        WHEREAS, continuation of these services would be beneficial to the delivery of mental health services
to the students of Schuyler County schools, and
        WHEREAS, State Aid is available to fund this contract at no local share cost.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract renewal with the Watkins Glen Central School District for the provision of a Coordinator of
School Support Services, for the period July 1, 2005 through June 30, 2006, in an amount not to exceed $65,000
for the term of the contract, funding available in the Community Services budget, account no. 4310.435-
Professional Fees/Svcs., with no local share cost, subject to approval by the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 212 Motion by Larison, Second by Bingell.
RE: RENEW CONTRACT WITH THE UNIVERSITY OF ROCHESTER FOR THE RENTAL OF
        TELEMONITORING EQUIPMENT – PUBLIC HEALTH
        WHEREAS, the Schuyler County Public Health Department is currently renting telemonitoring
equipment, including 25 monitors and one central station, from the University of Rochester, and
        WHEREAS, the telemonitoring equipment enables the Public Health Department to track the vital signs
of patients from their homes, thus reducing the number of skilled nursing visits while maintaining the quality of
care, and
        WHEREAS, continuation of the telemonitoring program will benefit the residents of Schuyler County in
need of home health care, and
        WHEREAS, the University of Rochester has agreed to reduce the rental fees from $195 per unit per
month (including the central station) to $150 per unit per month for a contract term of 2 years, commencing July
1, 2005, and
        WHEREAS, the difference in cost from this contract will be applied toward increasing the number of
monitors identified to meet current need, and
        WHEREAS, this would be arranged through HomMed, LLC, under separate contract as there are no
additional monitors available through the University of Rochester contract, and
        WHEREAS, there will be no additional cost between the two contracts.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into a contract renewal with the University of Rochester for the rental of telemonitoring equipment for the
period July1, 2005 to June 30, 2007, in the amount of $3,900 per month, not to exceed $93,600 for the term of
the contract, funds available in the Public Health budget, account no. 4010.490-Subcontractors, subject to
approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 213 Motion by Larison, Second by Bingell.
RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH
        DISABILITIES – PUBLIC HEALTH
        WHEREAS, Resolution No. 173 - 05 authorized advertising for bids for transportation of preschool
children with disabilities, and
        WHEREAS, bids were received and opened with the following recommendations being made.
        NOW, THEREFORE, BE IT RESOLVED, that the bid from Schuyler ARC for transportation of
preschool handicapped children to and from Frank Pierce Early Childhood Center, SCT BOCES Program,
194                                   SCHUYLER COUNTY LEGISLATURE
Horseheads and Yates Arc/Keuka Lakes Schools from July 1, 2005 to June 30, 2006 in the amount of $145.00
per child per day plus $10.00 per additional child be, and hereby is, accepted, and
        BE IT FURTHER RESOLVED, that the bid from Schuyler ARC for transportation of preschool
handicapped children to and from Franziska Racker Centers and Chemung County UCP from July 1, 2005 to
June 30, 2006 in the amount of $150.00 per child per day plus $10.00 per additional child be, and hereby is,
accepted, and
        BE IT FURTHER RESOLVED, that the bid from Birnie Transportation for transportation of preschool
handicapped children to and from Pathways Preschool Program from July 1, 2005 to June 30, 2006 in the
amount of $187.20 per child per day plus $18.75 per additional child be, and hereby is, accepted, and
        BE IT FURTHER RESOLVED, that the bid from Schuyler ARC for miscellaneous transportation of
preschool handicapped children from July 1, 2005 to June 30, 2006 in the amount of $1.50 per mile be, and
hereby is, accepted, and
        BE IT FURTHER RESOLVED, that since certain students may be eligible for transport by a parent,
school district or public transportation, this award is not an exclusive contract for services, and
        BE IT FURTHER RESOLVED, that contracts necessary to carry out such transportation services are
hereby authorized for signature by the Chair of this Legislature, funding available in the 2005 budget, account
no. 2960.440-Travel; contracts subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 214 Motion by Larison, Second by Bingell.
RE: APPOINTMENT TO LOCAL CONDITIONAL RELEASE COMMISSION – PROBATION
        DEPARTMENT
        WHEREAS, Sally Sumner was reappointed to the Local Conditional Release Commission for a four
year term terminating on July 31, 2005, and
        WHEREAS, she is willing to continue to serve on the above Commission for another term.
        NOW, THEREFORE, BE IT RESOLVED, that Sally Sumner be reappointed to said Commission for a
period of four years, commencing August 1, 2005 and terminating July 31, 2009.
VOTE: Passed 7-0.
RESOLUTION NO. 215 Motion by Larison, Second by Bleiler.
RE: DESIGNATE LEAD AGENCY FOR PINS DIVERSION CHANGES IN COMPLIANCE WITH NEW
        YORK STATE LEGISLATION
        WHEREAS, the State of New York recently passed new legislation dealing with at-risk PINS youth,
which went in effect on April 1, 2005, and
        WHEREAS, two areas that said legislation dealt with are appointment of a lead agency on PINS
Diversion procedures and submission of a Plan dealing with how the county is to operate its PINS Diversion
Program, with the above two issues to be submitted to the State no later than July 1, 2005.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Social Services Department be
hereby designated as the lead agency for PINS Diversion, effective July 1, 2005, and for the PINS
Administrative Committee to submit its Plan for the handling of future PINS Diversion cases under the above
law (Section 735 of the New York State Family Court Act) no later than September 1, 2005, subject to the
approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 216 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE THE ELMINATION OF ONE FULL-TIME DISPATCHER POSITION AND THE
        CREATION OF ONE FULL-TIME CORRECTIONS OFFICER POSITION – SHERIFF’S
        DEPARTMENT
        WHEREAS, an additional full-time Corrections Officer position is needed in the communications center
instead of a full-time Dispatcher to comply with Commission of Correction requirements, and
        WHEREAS, this position will be able to perform the duties of both Dispatcher and Correction Officer.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to
eliminate one full-time Dispatcher position and create and fill one full-time Corrections Officer position for the
dispatch center at an hourly rate of $13.74, effective immediately.
                                     PROCEEDINGS OF THE YEAR 2005                                           193
VOTE: Passed 7-0.
RESOLUTION NO. 217 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE GRANT APPLICATION AND AGREEMENT WITH GOVERNOR’S TRAFFIC
         SAFETY COMMITTEE FOR TRAFFIC ENFORCEMENT AND BUCKLE-UP NEW YORK
         FUNDING – SHERIFF’S DEPARTMENT
         WHEREAS, monies in the amount of $12,150 have been made available from the Governor’s Traffic
Safety Committee to the Schuyler County Sheriff’s Department for a Selective Traffic Enforcement Program
(STEP), and
         WHEREAS, these monies are to be used for speed enforcement, Buckle Up New York (BUNY) and
other traffic violations and is 100% funded.
         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 funding with a term of October 1, 2005 through
September 30, 2006; said documents subject to approval by the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 218 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE AGREEMENT WITH YATES COUNTY FOR BOARDING OF PRISONERS –
         SHERIFF’S DEPARTMENT
         WHEREAS, it is necessary from time to time for the Schuyler County Jail to board prisoners in other
counties because of overcrowding.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign a contract with Yates County for a term of June 15, 2005 through December 31, 2006 at a rate of $80.00
per day for each boarded inmate, funding available in 2005 budget account no. 3150.456-Boarding of Prisoners,
contract subject to approval by the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 219 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE FILLING VACANT PART-TIME MEAL DELIVERER POSITION – OFFICE FOR
         THE AGING
         WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
         WHEREAS, the Schuyler County Office for the Aging as a vital part of its mission serves on the
average over twenty-five (25) thousand home delivered meals and over fourteen (14) thousand congregate
meals on an annual basis to residents of Schuyler County who are sixty years and older, and said meals and
related expenditures account for over two hundred thousand dollars from this Office’s budget, and
         WHEREAS, to be able to continue to deliver the large number of meals every month it is vital to replace
this 17 hour per week Meal Deliverer and maintain the staff at the current level, and
         WHEREAS, funds for the payment of this position have previously been budgeted and provided for by
Title III C of the Older Americans Act, NYS Supplemental Nutritional Assistance Program, and the Schuyler
County Budget, and this is a non-competitive position requiring no testing.
         NOW, THEREFORE, BE IT RESOLVED, that the Office of the Aging Director be hereby authorized to
fill the vacant part-time Meal Deliverer position at Grade Level 0, $10.40 per hour, for 17 hours per week, such
hiring is contingent on the Office for the Aging having funds available for such a position.
VOTE: Passed 7-0.
RESOLUTION NO. 220 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE INCREASE IN THE ADOPTION SUBSIDY RATE – SOCIAL SERVICES
         WHEREAS, the Legislature approved increasing the County foster care rates in March 2005, and
         WHEREAS, the adoption subsidy contracted rates are controlled by the agency foster care rates, and
         WHEREAS, an oversight resulted in the absence of the adoption subsidy rate being included in the
resolution increasing the foster care rates, and
         WHEREAS, the increase in the adoption subsidy rates will be approximately $25.29 per diem or $5,400
for the remainder of 2005, and
194                                    SCHUYLER COUNTY LEGISLATURE
        WHEREAS, since the adoption subsidy rates are reimbursed (per child) at no less than 75% (some at
87½%), and 1 subsidy case closed in May 2005 ($6,183 annually), the impact of said increases to the County is
small.
        NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be hereby authorized
to increase the adoption subsidy rates to the contracted amount from the department’s budget effective June 1,
2005, funding available in the Department’s budget, account no. 6119.400-Child Care.
VOTE: Passed 7-0.
RESOLUTION NO. 221 Motion by Larison, Second by Yuhasz.
RE: LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR 2005 SETTING SALARIES FOR
        CERTAIN ELECTED OFFICIALS
        WHEREAS, a proposed Local Law setting salaries for certain elected officials was heretofore
introduced and appropriate notice established in the official newspaper regarding a public hearing to be held
June 13, 2005, and
        WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this
Legislature has duly considered the adoption and passage of said Local Law.
        NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4/Local Law No. 4 of the Year
2005, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
        BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the
passage, enactment and adoption of Local Law Intro. No. 4/Local Law No. 4 of the Year 2005, together with
the required text thereof in the official county newspaper.
                   LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR 2005
        A Local Law Setting Salaries for Certain Elected Officials for Fiscal Years 2006, 2007, 2008, 2009.
Section 1.      LEGISLATIVE INTENT
        This Local Law is enacted pursuant to Sections 200 and 201 of the County Law for the purpose of
setting the salaries of certain elected officials for fiscal years 2006, 2007, 2008, 2009.
Section 2.      OFFICIALS/SALARIES
        Effective with the first County payroll for fiscal years 2006, 2007, 2008 and 2009 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                     $6,184
                                 Sheriff                         $55,897
                                 County Clerk                    $39,450
                                 *District Attorney              $119,800
* - salary set and subject to change by State of New York
Section 3.      EFFECTIVE DATE
        This Local Law shall take effect immediately upon the filing with the Secretary of State.
VOTE: Passed 7-0.
RESOLUTION NO. 222 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261
        OF THE NEW YORK STATE TAX LAW
        WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax
receipts for the period October 1, 2004 through March 31, 2005, pursuant to Section 261 of the New York State
Tax Law, and the same has been apportioned to the various municipalities thereto.
        NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to
pay the respective towns and villages of Schuyler County those amounts listed on Exhibit "A" attached hereto.
VOTE: Passed 7-0.
                                            EXHIBIT "A"
        MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES
                              PROCEEDINGS OF THE YEAR 2005                                           193
                   OCTOBER 1, 2004 THROUGH MARCH 31, 2005

TOWNS                      Amount                      VILLAGES               Amount
                           Due                                                Due

Catharine                     $4,491.03                Burdett                    $949.66

Cayuta                        $1,612.87                Montour                   $2,720.59
                                                       Falls

Dix                          $18,079.87                Odessa                     $812.89

Hector                       $45,267.48                Watkins                   $8,605.31
                                                       Glen

Montour                       $6,713.66

Orange                        $6,008.39

Reading                      $14,925.66

Tyrone                       $12,202.63

TOTALS                      $109,301.59                                        $13,088.45




APPROVED BY
COMMITTEE:
                                          Daryl L. Slusser



                                          Doris L. Karius



                                          Delmar F. Bleiler



                                     Dennis A. Fagan
RESOLUTION NO. 223 Motion by Bingell, Second by Bleiler.
RE: RESCIND RESOLUTION NO. 152-05 TRANSFERRING FUNDS FOR BUDGET OFFICER
       SALARY
       WHEREAS, Resolution No. 152-05 transferred funds for payment of the Budget Officer’s salary, and
       WHEREAS, Resolution No. 75-05 adopted earlier in the year already addressed the necessary transfer
of funds.
       NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 152-05 be hereby rescinded.
194                                  SCHUYLER COUNTY LEGISLATURE
VOTE: Passed 7-0.
RESOLUTION NO. 224 Motion by Bingell, Second by Bleiler.
RE: AMEND THE 2005 COUNTY ROAD FUND BUDGET – COUNTY ROAD
        WHEREAS, the torrential rain from March 2005 left some ditches in need of repair, and
        WHEREAS, through the generosity of the Soil and Water Conservation District, the County Highway
Department was allowed the use of grant funds that were made available through the Finger Lakes, Lake
Ontario Watershed Protection Alliance to help with the repair and preservation of county road ditches on
County Road 23 and 14 damaged by these heavy rains in the amount of $23,624.98, and
        WHEREAS, the CHIPs program for 2005 was also increased by the passing of the State Budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
amend the 2005 County Road Fund for the following expenses and revenues:
COUNTY ROAD
APPROPRIATIONS
AMOUNT                         ACCOUNT NO.            DESCRIPTION
+       11,749.00              5112.330               Permanent Improvements
+       26,159.15              5110.512               Limestone
+        2,060.00              5110.517               Pipe
REVENUES
+        11,749.00             0002-3501              Consolidate Highway Aid
+        28,219.15             0002-2300              Services
VOTE: Passed 7-0.
WITHDRAWN
RE: AUTHORIZE AGREEMENT WITH TOWN OF HECTOR AS LEAD AGENCY TO PARTICIPATE
        IN THE OPERATION OF STATES GRAVEL PIT – HIGHWAY DEPARTMENT - WITHDRAWN
        WHEREAS, the Highway Superintendent and the Public Works Committee have agreed that there is a
need for a gravel pit operation to be jointly shared by the Town of Hector, as lead agency, Schuyler County, the
Towns of Reading and Montour, and Village of Montour Falls, and
        WHEREAS, there is a Municipal Agreement that has been drawn up to cover the terms and conditions
of the said extraction.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign the necessary document pertaining the Municipal Cooperation Agreement between the County of Schuyler
and the Towns of Hector, Reading, Montour and the Village of Montour Falls, subject to the approval of the
Schuyler County Attorney.
RESOLUTION NO. 225 Motion by Larison, Second by Bingell.
RE: AUTHORIZE PAYMENT FOR NEW AIR CONDITIONER FOR THE SCHUYLER COUNTY
        HIGHWAY OFFICE BUILDING – BUILDINGS AND GROUNDS
        WHEREAS, the existing air conditioner in the County Highway’s office building is 20 years old, and
        WHEREAS, the old air condition unit is no longer serviceable.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the payment of
$3,654.00 to Collins & Walton for the new air conditioner from the Capital reserve account 004-0004-0878.
VOTE: Passed 7-0.
RESOLUTION NO. 226 Motion by Larison, Second by Bingell.
RE: AMEND RESOLUTION NO. 183-05 TITLED “DECLARE EQUIPMENT SURPLUS - VARIOUS
        DEPARTMENTS”
        WHEREAS, Resolution No. 183-05 declared several county vehicles surplus for auction, and
        WHEREAS, the 2001 Chevy Blazer will not be going to auction and therefore needs to be removed
from the Resolution and reinstated to the county’s fixed asset list.
        NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 183-05 be amended to remove the 2001
Chevy Blazer from the list of vehicles.
VOTE: Passed 7-0.
RESOLUTION NO. 227 Motion by Larison, Second by Bingell.
                                       PROCEEDINGS OF THE YEAR 2005                                          193
RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL
        S.5552 AND ASSEMBLY BILL A.8619 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.5552 and Assembly Bill A.8619 to adopt special legislation, an act to amend the
tax law, in relation to the tax law on sales and the compensating use tax to be imposed in the County of
Schuyler, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York
State Senator George H. Winner, Jr., New York State Assemblyman Thomas M. O’Mara, and to the Majority
and Minority Leaders of the New York State Assembly and Senate.
VOTE: Passed 7-0.
RESOLUTION NO. 228 Motion by Larison, Second by Bingell.
RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL
        S.5611 AND ASSEMBLY BILL A.8614, AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN
        RELATION TO PROVIDING THAT THE POSITION OF DEPUTY SHERIFF OF THE COUNTY OF
        SCHUYLER NEED NOT BE A RESIDENT OF SUCH COUNTY
        BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State
Legislature pass Senate Bill S.5611 and Assembly Bill A.8614 to adopt special legislation, an act to amend the
Public Officers Law, in relation to providing that the position of Deputy Sheriff of the County of Schuyler need
not be a resident of such county, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York
State Senator George H. Winner, Jr., New York State Assemblyman Thomas M. O’Mara, and to the Majority
and Minority Leaders of the New York State Assembly and Senate.
VOTE: Passed 7-0.
RESOLUTION NO. 229 Motion by Bleiler, Second by Yuhasz.
RE: RESCIND RESOLUTION NO. 188-05 TITLED “AUTHORIZE FILLING VACANT SR. ACCOUNT
        CLERK TYPIST POSITION – TREASURER’S OFFICE”
        WHEREAS, the Sr. Account Clerk Typist in the Treasurer’s Office has withdrawn her resignation, and
        WHEREAS, there is no need for authorization to fill any vacancy.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby rescind Resolution No. 188-05.
VOTE: Passed 7-0.
RESOLUTION NO. 230 Motion by Bleiler, Second by Yuhasz.
RE: AUTHORIZE CONTRACT RENEWAL WITH YOUTH BUREAU FOR NON-MANDATED
        PREVENTIVE SERVICES – SOCIAL SERVICES
        WHEREAS, the Schuyler County Department of Social Services has a contract with the County’s Youth
Bureau for non-mandated preventive services from the Youth Program Coordinator for 18 hours per week, and
        WHEREAS, this contract is currently funded from the TANF Services Plan and expires June 30, 2005,
and
        WHEREAS, the Department wishes to renew this contract with the Youth Bureau for 12 months for the
period July 1, 2005 through June 30, 2006 at a maximum cost of $25,000, and
        WHEREAS, the Schuyler County Department of Social Services has sufficient TANF Services Plan
rollover dollars available for the 2005-06 period to cover 100% of this cost with no local share.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract between the County’s Department of Social Services and the Youth Bureau for non-
mandated preventive services for the term July 1, 2005 through June 30, 2006 in an amount not to exceed
$25,000.00, funding available in the County’s TANF Services Plan rollover allocation at no cost to the local
taxpayer, subject to approval by the County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 231 Motion by Bleiler, Second by Yuhasz.
194                                  SCHUYLER COUNTY LEGISLATURE
RE:     AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN RELATIVE TO FACTOR RATING
        FOR CONFIDENTIAL SECRETARY TO THE COUNTY ADMINISTRATOR AND AUTHORIZE
        CREATING AND FILLING OF THE SAME
        WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
        WHEREAS, the position of Confidential Secretary to the County Administrator has been revised to
include, among other things, duties related to administering the Information Technology contract, and
        WHEREAS, said position has also been vacant for more than three years and therefore needs to be re-
created per Civil Service, and
        WHEREAS, the Human Resources Manager has conducted a factor rating analysis and makes the
following recommendation:
                I      Accountability                 48
                II     Complex                        50
                III    Independent Judgment           48
                IV     Impact of program              48
                V      Scope of contacts              32
                VI     Supervision                     0
                VII    Education & Experience         80
                                      TOTAL           306 = Grade C
        NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan Factor Rating
for Confidential Secretary to the County Administrator be amended as set forth above, and
        BE IT FURTHER RESOLVED, that the County Administrator be hereby authorized to take necessary
steps to fill and create said position at 35 hours a week, in Grade Level C of the Management/Confidential
Salary Plan in a salary range of $26,571(minimum) - $32,896 (mid-range), within budgetary funds, effective
immediately.
VOTE: Passed 7-0.
RESOLUTION NO. 232 Motion by Bingell, Second by Larison.
RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR
        BE IT RESOLVED, that two (2) Resolutions be brought to the floor.
VOTE: Passed 7-0.
RESOLUTION NO. 233 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE STIPULATION AGREEMENT WITH THE CIVIL SERVICE EMPLOYEES
        ASSOCIATION, INC. (CSEA) ADMINISTRATIVE UNIT
        BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Stipulation
Agreement with the CSEA Administrative Unit, as approved by Labor Counsel.
VOTE: Passed 7-0.
RESOLUTION NO. 234 Motion by Larison, Second by Bleiler.
RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS ASSEMBLY
        BILL A.6556A AND SENATE BILL S.3415A TO AUTHORIZE SCHUYLER COUNTY TO
        DISCONTINUE THE USE OF AND CONVEY CERTAIN PARK LANDS TO THE KROG
        CORPORATION IN EXCHANGE FOR ADDITIONAL PARKLANDS
        BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State
Legislature pass Senate Bill S.3415A and Assembly Bill A.6556A to adopt special legislation, to authorize
Schuyler County to discontinue the use of and convey certain park lands to the Krog Corporation in exchange
for additional parklands, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York
State Senator George H. Winner, Jr., New York State Assemblyman Thomas M. O’Mara, and to the Majority
and Minority Leaders of the New York State Assembly and Senate.
VOTE: Passed 7-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
                                        PROCEEDINGS OF THE YEAR 2005                                            193
        Legislator Larison reported on the Public Safety/Criminal Justice Committee. He updated the legislators
on the land they are trying to obtain from the State for a radio tower. With the State Legislature going home
June 23rd, they are not sure if it can happen. There is a possibility that one state agency can transfer the land to
another state agency, being the State Emergency Management Office (SEMO). Then SEMO would be able to
grant the county permission to put up a tower and grant us some funds also.
        Legislator Bingell reported on the Public Works Committee. See attached report. She also reported that
she had someone call her regarding County Routes 16 and 23 about the fact that they are major routes to major
parts of the county. She has suggested the tri-county transportation committee look at it seriously and possibly
have the State take them over.
        Legislator Fagan reported on the Community Development and Natural Resources Committee. The
Implementation Committee on the Comprehensive Plan met and one of their focal points will be shared
services. He suggested they contact the County Administrator to discuss this idea further with him.
COUNTY ADMINISTRATOR’S REPORT:
        Administrator O’Hearn reported that the Council of Government invitations have gone out for the first
organizational meeting to be held June 30th at the Rural Urban Center in Montour Falls at 7:00 p.m. All school,
town, and village officials have been invited. He has heard from most that they wish to participate. He intends
to set an agenda, timeline and goals, then it will be up to the group to take it in a direction from there. Just
getting them together at first, is the most important.
        He also reported that he met with Dick Peterson, and Charlie Fausold prior to his leaving, with the
Legislature’s concerns about Cooperative Extension. Kermit Bossard, the interim Director of Cornell
Cooperative Extension (CCE) invited him to sit on the search committee for a new director. It is a four to six
month process. He will be meeting with the CCE Board at their next board meeting. The dialogue is ongoing
and they are receptive to all options. He feels they have a very good working relationship.
        Regarding the Management/Confidential Salary Plan Factor Rating Study, he has sat down with the
consultant and department administrators individually to discuss problems. There have been some good points
brought forth, and some good changes. He should have a formal update by Management & Finance the 22 nd
with hopefully a finalized process after that.
        He gave an update on the storm from Friday evening. Undersheriff Yessman took him to Monterey for
a tour of the damage. He publicly commended the Sheriff’s Department. Bill Kennedy, Emergency
Management Director, was at a conference, but kept in constant contact. He visited the command center and he
was very impressed with the coordination of efforts. He was proud of all staff members, and proud to represent
the county. He thought there would be several homes in need of shelter, but only one was. He cannot speak
highly enough on how effectively the operation runs and of the coordination that occurs. The storm had
potential to be more destructive. We have a good plan and seasoned veterans able to carry it out.
        He reported that an update on the Risk Analysis Study will be brought to the Public Works Committee
on the 23rd. Legislator Fagan expressed concern that it is not being brought to the full Legislature, only to the
Public Works Committee. Administrator O’Hearn offered to reschedule the meeting, however Legislator Fagan
said he would be content if copies of the report could be made available to all legislators.
        Legislator Larison reported that he has asked David Cook from the State Office of Technology to come
to the Public Safety/Criminal Justice Committee meeting on Tuesday, June 21st. There was some discussion on
radio towers and funding. Administrator O’Hearn reported that without any outside funding, the 911 reserve
account could fund any debt service. With what they are receiving in annual revenues, depending on the scope
of the project and final design, 90% should be able to be funded without affecting local share.
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 7:10 p.m.
                Gail M. Hughey, Clerk
                Stacy B. Husted, Deputy Clerk

                                            REGULAR MEETING
                                               JULY 11, 2005
194                                   SCHUYLER COUNTY LEGISLATURE
        The July 11, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Gifford. The Pledge of Allegiance was led by Legislator Slusser and followed by a Moment of
Silence. All Legislators were present. County Attorney Coleman and County Administrator Timothy O’Hearn,
were also present.
PUBLIC PARTICIPATION:
        Gordon Swarthout questioned why a new road was built up at the racetrack and also wanted to know
why certain trucks could leave the racetrack and travel down Old Corning Road and others could not. He then
stated that not everyone wanted the room tax increase.
        Rena Paglesi, from Corning, New York, introduced herself and Kelly Bateman from Building Blocks.
Ms. Bateman stated that they have learned thru parents of their clients that their contracts with the County are
not being renewed. Ms. Bateman stated that they would like to continue providing services to their clients in
Schuyler County. The parents brought this to the attention of Building Blocks because they are concerned for
the benefit of their children. Building Blocks is concerned as to why the County is discussing this with the
clients and not Building Blocks themselves. Mrs. Patel from Watkins Glen, said her son utilizes their services
and she is very happy. She has noticed a negative impact on her son’s speech since the services have stopped.
She feels continued services would be a good idea and asked Legislators to try to make it happen. Legislator
Bleiler asked what department is responsible for the contract and the Personal Secretary informed him that it is
Public Health.
RESOLUTION NO. 235 Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE APRIL 11, 2005 AND MAY 9, 2005 REGULAR MEETINGS AND
        JUNE 2, 2005 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
        BE IT RESOLVED, that minutes of the April 11, 2005 and May 9, 2005 Regular Meetings and June 2,
2005 Special Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 8-0.
RESOLUTION NO. 236 Motion by Larison, Second by Yuhasz.
RE: NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL
        TOURIST PROMOTION AGENCY 2006-2008
        WHEREAS, the New York State Matching Grants Program is designated to encourage tourism
promotion throughout the regions of New York State, and
        WHEREAS, in the past, the State of New York has appropriated funds for this purpose in its Commerce
Department budget, and
        WHEREAS, the guidelines for this local assistance program encourages counties to appoint a Regional
Tourist Promotion Agency, and
        WHEREAS, the Schuyler County Chamber of Commerce has been authorized to serve as the Schuyler
County tourism representative to provide specific tourism services on behalf of Schuyler County, and
        WHEREAS, the Schuyler County Chamber of Commerce has served as the Schuyler County lead
tourism promotion organization since its inception, and
        WHEREAS, the Schuyler County Chamber of Commerce has requested to be designated as the
County’s Tourism Agency for the 2006-2008 State Program Year.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Chamber of Commerce be, and
hereby is, designated by the Schuyler County Legislature as its Tourist Promotion Agency for the 2006-2008
State Program year to represent the County of Schuyler under the present New York State Tourist Promotion
Act for all purposes set forth in said act, and
        BE IT FURTHER RESOLVED, that the Schuyler County Chamber of Commerce be, and hereby is,
authorized to execute any documents under the Matching Grants Program and is authorized to make application
for and receive grants on behalf of the County of Schuyler pursuant to the New York State Commerce
Department budget for 2006-2008, and
        BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is,
authorized to file a certified copy of this resolution with appropriate bodies including, but not limited to, the
Schuyler County Chamber of Commerce and the Finger Lakes Association.
VOTE: Passed 8-0.
                                          PROCEEDINGS OF THE YEAR 2005                                           193
RESOLUTION NO. 237 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD AND THE MENTAL
        HEALTH SUBCOMMITTEE - COMMUNITY SERVICES
        WHEREAS, the Community Services Board and the Mental Health Subcommittee have a vacancy, and
        WHEREAS, Mark Stephany has expressed an interest in serving on the Community Services Board and
the Mental Health Subcommittee.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the
appointment of Mark Stephany to the Community Services Board and the Mental Health Subcommittee for the
term June 13, 2005 through December 31, 2008.
VOTE: Passed 8-0.
RESOLUTION NO. 238 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZATION TO CREATE AND FILL A PART-TIME STAFF SOCIAL WORKER POSITION -
        COMMUNITY SERVICES
        WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
        WHEREAS, the Community Services Department is in need of an additional part-time Staff Social Worker
position, and
        WHEREAS, this position is to be shared with the Public Health Department and will be for 12 hours per
week in Community Services and 12 hours per week in Public Health for a total of 24 hours per week, and
        WHEREAS, funding is available for this position in the Community Services 2005 budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services/Public Health be
hereby authorized to create and fill a part-time Staff Social Worker position, in the Community Services
Department, Grade Level 28, at an hourly rate of $20.57, funding being available in the Community Services
budget, effective July 25, 2005.
VOTE: Passed 8-0.
RESOLUTION NO. 239 Motion by Karius, Second by Yuhasz.
RE: ACKNOWLEDGE AUGUST AS NATIONAL IMMUNIZATION AWARENESS MONTH - PUBLIC
        HEALTH
        WHEREAS, each year tens of thousands of children, adolescents and adults in America die from vaccine-
preventable diseases or their complications, and
        WHEREAS, the burden of vaccine-preventable disease in the United States today occurs among people of
all ages, all cultures, races and ethnic and societal groups, and
        WHEREAS, safe and effective vaccines are readily available to protect against disease, disability and death
from communicable diseases, including diphtheria, Haemophilus influenzae Type B disease, hepatitis A, hepatitis
B, influenza, measles, mumps, pertussis, pneumococcal disease, rubella, tetanus and varicella, and
        WHEREAS, every August the National Immunization Awareness Month campaign is devoted to increasing
public knowledge, acceptance and use of vaccines to protect children, adolescents and adults against serious, life-
threatening diseases, and
        WHEREAS, the annual observance of National Immunization Awareness Month is intended to increase
awareness and understanding of vaccine-preventable diseases and their prevention at local, state and national levels.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledges August as National
Immunization Awareness Month and recommends that all Schuyler County residents receive the appropriate
vaccinations at appropriate times to ensure their protection and the protection of our community from preventable
diseases.
VOTE: Passed 8-0.
RESOLUTION NO. 240 Motion by Karius, Second by Yuhasz.
RE: AUTHORIZE CONTRACT WITH HEATHER L. MURLEY, DVM FOR VETERINARY SERVICES
        AT RABIES CLINICS - PUBLIC HEALTH
        WHEREAS, the County has to provide rabies vaccination clinics, and Dr. Heather L. Murley 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. Heather L. Murley to provide services for the rabies clinics, effective June 1,
194                                   SCHUYLER COUNTY LEGISLATURE
2005 through December 31, 2005, in the amount of $25.00 per hour, funding is available in the Public Health
2005 County Budget account 4042.435; subject to approval by the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 241 Motion by Karius, Second by Yuhasz.
RE: AUTHORIZE FILLING OF REGISTERED PROFESSIONAL NURSE POSITION - PUBLIC
         HEALTH
         WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
         WHEREAS, Schuyler County Public Health has one full-time Registered Professional Nurse position
vacant.
         NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of
Community Services/Public Health to fill the full-time Registered Professional Nurse position, Grade 23, $18.92
per hour, effective immediately, in the Public Health Department, funding being available in the 2005 budget.
VOTE: Passed 8-0.
RESOLUTION NO. 242 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE APPLICATION AND CONTRACT FOR 2005-2006 NYS AID TO PROSECUTION
         GRANT – DISTRICT ATTORNEY
         WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services
for the purpose of assisting the Schuyler County District Attorney’s Office in prosecuting felony offenses.
         NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County
District Attorney to submit a grant application for 2005/2006 NYS Aid to Prosecution Grant, and
         BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District
Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds,
estimated to be $40,375.00; said documents subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 243 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE THE CONTINUATION OF THE YOUTH PROGRAM COORDINATOR’S FULL-
         TIME HOURS FOR THE PERIOD JULY 1, 2005-JUNE 30, 2006 AND AMEND THE 2005 BUDGET
         - YOUTH BUREAU
         WHEREAS, the Youth Program Coordinator in the Youth Bureau has been working 35 hours per week
(full-time) providing preventive services through a contract with the Department of Social Services, and
         WHEREAS, there remains a tremendous need for the increase in these hours to provide support for the
Department of Social Services, and
         WHEREAS, the Youth Bureau will be contracting with the Department of Social Services to provide
preventive services, and
         WHEREAS, there are Department of Social Services TANF dollars to pay for the salary and increase in
benefits.
         NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the increase in hours
for the Youth Program Coordinator’s position for the period of TANF funding, July 1, 2005 through June 30,
2006, and
         BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the
2005 Youth Bureau budget as follows:
         AMOUNT                ACCOUNT NO.                   DESCRIPTION
         +$12,500              7310.120                      Personnel Families First
         +$12,500              7310-2389                     Other Home & Community Services
VOTE: Passed 8-0.
RESOLUTION NO. 244 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE FILLING VACANT CASEWORKER POSITION IN THE CHILDREN’S SERVICES
         UNIT – SOCIAL SERVICES
         WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
         WHEREAS, a Caseworker position in the Children’s Services unit will become vacant after July 8, 2005
due to a resignation, and
                                        PROCEEDINGS OF THE YEAR 2005                                           193
         WHEREAS, this position is vital for the continued effective operation of the unit in investigating hotline
reports of child abuse and neglect, and
         WHEREAS, this position is approximately 73% reimbursed by the federal and state governments.
         NOW, THEREFORE, BE IT RESOLVED that the Department of Social Services be hereby authorized
to fill at Grade 22 ($15.92/hour) the Caseworker position in the Children’s Services unit, effective July 12,
2005, funding available in the Department’s 2005 budget account no. 6010.100-Personal Services.
VOTE: Passed 8-0.
RESOLUTION NO. 245 Motion by Larison, Second by Bingell.
RE: AUTHORIZE CONTRACT WITH JAMES E. HALPIN, P.C. FOR LEGAL SERVICES – PUBLIC
         DEFENDER’S OFFICE
         WHEREAS, the Public Defender’s Office has received indigent revenues for the year 2005 in the form
of a $39,665.57 Indigent Legal Services Fund (ILSF) Grant, and
         WHEREAS, due to various conflicts of interest, multiple defendant or multiple party cases and overload
cases, it would be beneficial to the county to enter into a contract for services with the law firm of James E.
Halpin, P.C.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with James E. Halpin, P.C. for the Public Defender’s Office for conflicts of interest, multiple
defendant or multiple party cases and overload cases for the period July 1, 2005 to December 31, 2005, at a rate
of $2,500 per month, funding available in the 2005 Public Defender’s Officer budget account number 1170.400-
Contractual Services ILSF; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 246 Motion by Larison, Second by Bingell.
RE: AUTHORIZE ADVERTISING AND FILLING FOR PURCHASING AGENT VACANCY
         WHEREAS, Resolution No. 439-03 requires Legislative approval to fill all vacant positions, and
         WHEREAS, the Purchasing Agent has tendered her resignation effective July 5, 2005, and
         WHEREAS, it is the recommendation of the County Administrator that this position be filled, with the
details yet to be determined.
         NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the County
Administrator to advertise filling the Purchasing vacancy in the manner deemed most appropriate.
VOTE: Passed 8-0.
RESOLUTION NO. 247 Motion by Larison, Second by Bingell.
RE: AUTHORIZE REVISION OF COUNTY HIRING DIRECTIVE
         WHEREAS, Resolution No. 439-03 set forth a County Hiring Directive requiring legislative approval to
fill any and all vacancies, and
         WHEREAS, the County has since retained a County Administrator to oversee the daily operations of the
County, and
         WHEREAS, it is the recommendation of the Management and Finance Committee that the County
Administrator’s daily oversight include the authority to approve/disapprove filling of vacant positions by the
appointing authorities.
         NOW, THEREFORE, BE IT RESOLVED, that Department Administrators are hereby directed to
submit requests for approval to fill any and all vacancies that occur to the County Administrator, and
         BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately and shall continue in
full force and effect until further notice.
VOTE: Passed 8-0.
RESOLUTION NO. 248 Motion by Bingell, Second by Larison.
RE: AUTHORIZE TRANSFER OF FUNDS – HUMAN RESOURCES
         WHEREAS, there has been a significant increase in human resource issues that required professional
labor attorney expertise, and
         WHEREAS, there are insufficient funds in the Human Resources 2005 budget to cover the same.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer
194                                  SCHUYLER COUNTY LEGISLATURE
AMOUNT                 FROM ACCOUNT NO.                       TO ACCOUNT NO.
$ 2,192.31             1340.100-Budget Personal Svcs.         1430.435-HR Prof. Fees/Svcs
$25,000.00             1990.500-Contingency                   1430.435-HR Prof. Fees/Svcs
VOTE: Passed 8-0.
RESOLUTION NO. 249 Motion by Bingell, Second by Larison.
RE: AUTHORIZE               AMENDMENTS            TO      FACTOR         RATING       SYSTEM       OF     THE
        MANAGEMENT/CONFIDENTIAL SALARY PLAN
        WHEREAS, the County engaged the services of Joanne Conley Consulting to review and make
recommendations to the factor rating system of the Management/Confidential Salary Plan, and
        WHEREAS, said review is complete, Department Administrators input has been considered and the
County Administrator recommends the attached changes.
        NOW, THEREFORE, BE IT RESOLVED, that Section II, Factor Rating System, of the
Management/Confidential Salary Plan be hereby amended by the attachments hereto and on file in the Human
Resources and Legislative Offices, effective July 11, 2005, and
        BE IT FURTHER RESOLVED, that in the case of upward grade changes salary adjustments be made to
affected personnel at the minimum of the new grade, and
        BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer the
necessary funds to effectuate salary adjustments, (in the approximate amount of $6,500) from Contingency
account no. 1990.500 into the appropriate .100-Personal Services departmental accounts.
VOTE: Passed 7-1. No: Bleiler.
RESOLUTION NO. 250 Motion by Bingell, Second by Larison.
RE: AUTHORIZE CONTRACT WITH PERRY& CARROLL FOR BROKER SERVICES
        WHEREAS, Perry & Carroll has offered to serve as a consultant for Schuyler County employee health
insurance at no cost to the County, and
        WHEREAS, in this role Perry & Carroll would assist with renewal negotiations; participate as a
consultant on a health insurance committee or negotiating team; determined short term and long term benefits
strategies; make cost containment recommendations; provide educational sessions for the administration team
and employees; market coverage/services as needed and guide implementation; investigate other community
rated groups or pools, and
        WHEREAS, it is the recommendation of the County Administrator and Human Resources Manager that
this contract be approved.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into a contract with Perry & Carroll for broker services for the term August 1, 2005 through February 28,
2006, thereafter to be renewed on an annual basis subject to recommendation of the County Administrator, with
no cost to the County; contract subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 251 Motion by Bingell, Second by Fagan.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR CONFIDENTIAL SECRETARY TO
        THE COUNTY ADMINISTRATOR
        BE IT RESOLVED, that this Legislature acknowledge the appointment by Timothy O’Hearn, County
Administrator, of Heather L. Lodge as Confidential Secretary to the County Administrator, effective
immediately to serve at his pleasure, at an annual salary of $27,300.
VOTE: Passed 8-0.
RESOLUTION NO. 252 Motion by Bingell, Second by Fagan.
RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH ADMINISTRATIVE UNIT CSEA FOR
        RECLASSIFICATION STUDY
        WHEREAS, the County and the Union are parties to a collective bargaining agreement, and
        WHEREAS, the collective bargaining agreement establishes an understanding between the parties
relative to the Civil Service Reclassification/Reallocation Study, which states that “The County Civil Service
Office agrees to make every effort to deliver their findings and recommendations to the Schuyler County
                                      PROCEEDINGS OF THE YEAR 2005                                           193
Legislature for review and adoption no later than January 1, 2005. The County Legislature agrees to implement
in its entirety the adopted recommendations no later than that first pay period in January, 2005”, and
         WHEREAS, the County and the Union have determined that the recommendations that were presented
by the County’s Civil Service Office to the Legislature within the timeframe set forth above should be subject to
collective bargaining in accordance with Civil Service Law Article 14 (“Taylor Law”) for the subsequent
contract term beginning January 1, 2007.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a Memorandum of Agreement with the Administrative Unit CSEA as set forth above; subject to
approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 253 Motion by Bingell, Second by Fagan.
RE: AUTHORIZE GRANT APPLICATIONS FROM THE INNOVATIVE BRIDGE CONSTRUCTION
         PROGRAM FOR CONSTRUCTION OF A CULVERT TO CONNECT LAMOKA AND WANETA
         LAKES – HIGHWAY DEPARTMENT
         WHEREAS, a project for the replacement of a culvert on County Route 23 over the channel between
Lamoka and Waneta Lakes may be eligible for federal funding through the Innovative Bridge Construction
Program, and
         WHEREAS, this grant will assist the county in construction of a new culvert at a cost of $708,000. The
Innovative Bridge Grant will be for $385,000, and
         WHEREAS, this project will be incorporated into the 2006 budget with funds from CHIPs and county
forces and material to cover the additional expenses.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be
hereby authorized to file an application for funds from the IBRC program as established by TEA-21 for an
approximate amount of $385,000, and upon approval of said request to enter into and execute a project
agreement with the State for such financial assistance to Schuyler County for the culvert between the lakes;
project agreement subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 254 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE CREATION OF AN ADMINISTRATIVE ASSISTANT POSITION/ABOLISH SR.
         ACCOUNT CLERK TYPIST POSITION IN THE HIGHWAY DEPARTMENT
         WHEREAS, the Highway Superintendent, the Human Resources Manager and the Personnel Officer
have carefully reviewed the job specification of the Senior Account Clerk Typist position in the Highway
Department, and
         WHEREAS, the Senior Account Clerk Typist’s job duties have changed with more emphasis on
administration and office management, and
         WHEREAS, it is the recommendation of the Public Works Committee, the Human Resources Manager
and the Personnel Officer that the Senior Account Clerk Typist title change to Administrative Assistant to be
placed in Grade Level 18, at an hourly rate of $14.37 per hour, for the efficient operation of the Highway
Department and to more appropriately reflect the job responsibilities, and the County Administrator concurs
with said recommendation, and
         WHEREAS, there is money in the 2005 County Road Administrative Personal Services budget account
no. 5010.100 to cover the cost of said change.
         NOW, THEREFORE, BE IT RESOLVED, that the title of Senior Account Clerk Typist in the Highway
Department be hereby abolished and replaced by Administrative Assistant as set forth above, and
         BE IT FURTHER RESOVLED, that these changes become effective immediately.
VOTE: Passed 8-0.
RESOLUTION NO. 255 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE APPLICATION FOR FUNDS FROM THE NEW YORK STATE OFFICE OF PARKS,
         RECREATION AND HISTORIC PRESERVATION IN ACCORDANCE WITH THE PROVISIONS
         OF TITLE 9 OF THE ENVIRONMENTAL PROTECTION ACT OF 1993 OR THE FEDERAL LAND
         AND WATER CONSERVATION FUND ACT OF 1965
194                                      SCHUYLER COUNTY LEGISLATURE
         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 Office of Parks, Recreation and Historic
Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the
Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $63,000, and upon
approval of said request to enter into and execute a project agreement with the State for such financial
assistance to Schuyler County for the Seneca Harbor Park/Catharine Valley Trail Connection, and if appropriate
a conservation easement/preservation covenant to the deed of the assisted property; subject to the approval of
the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 256 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE MAINTENANCE AGREEMENT WITH INFOSEAL FOR FOLDER/SEALER –
         REAL PROPERTY TAX AGENCY
         WHEREAS, the Real Property Tax Department has recently purchased a LaserSeal 2 folder/sealer, and
         WHEREAS, it is advisable to purchase a service agreement for that piece of equipment.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
execute an annual maintenance agreement with Infoseal to provide after warranty coverage for the term May
31, 2005 through August 30, 2006 in the amount of $600, funding available in Treasurer account no. 1325.408,
subject to approval by the County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 257 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE THE INCLUSION OF ADDITIONAL LANDS IN SCHUYLER COUNTY
         AGRICULTURAL DISTRICTS
         WHEREAS, in accordance with New York State Agricultural Law, Article 25AA, Schuyler County has
established an annual enrollment period for landowners to petition the County to include their land in one of the
three Schuyler County Agricultural Districts, and
         WHEREAS, during the 2005 enrollment period the County received requests to add 13 parcels to the
districts, and
         WHEREAS, the County held a public hearing on June 13th, and received no comment from the public.
         NOW, THEREFORE, BE IT RESOLVED, that the Legislature recommends to New York State
Department of Agriculture and Markets that the following parcels be included in Schuyler County Agricultural
Districts I, II and III, at the request of the property owners and with the recommendation of the Schuyler County
Agriculture and Farmland Protection Board.
44.00-1-17.114                    12.00-1-75.116                7.00-1-29.1                 12.00-1-75.122
7.00-1-32                         44.20-1-9.1                   107.00-1-50                 44.20-1-9.2
97.00-1-42.5                      44.20-1-13.1                  97.00-1-42.3                94-1-13
97.00-1-44.2
VOTE: Passed 8-0.
RESOLUTION NO. 258 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE CONTRACT FOR STATE GRANT/AMEND 2005 MACHINERY BUDGET AND
         AUTHORIZE PURCHASE OF EQUIPMENT - HIGHWAY
         WHEREAS, the Highway Department has applied for and received notice that funds have been
allocated to Schuyler County Highway Department in the amount of $17,000 to assist with the purchase of a
Shoulder Machine, and $50,000 for the purchase of Portable Message Boards with Trailers, and
         WHEREAS, to avoid delay in accessing the funds, the Highway Department would like to establish an
appropriate account, and
         WHEREAS, there needs to be an amendment to the Machinery Fund budget for these funds.
         NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to amend the
2005 Machinery Fund for the expense and revenue:
APPROPRIATIONS
+        67,000.00                5130.299               EQUIPMENT
REVENUES
                                        PROCEEDINGS OF THE YEAR 2005                                            193
+         67,000.00             0003.3589               STATE AID OTHER, and
         BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a
contract with the particular agency that will be assigned to this project, subject to approval of the Schuyler
County Attorney, and
         BE IT FURTHER RESOLVED, that the County Highway Superintendent be authorized to set
specifications and purchase utilizing State Bid Contract Vendors.
VOTE: Passed 8-0.
WITHDRAWN
RE: AUTHORIZE CREATION AND FILLING OF ACCOUNT CLERK TYPIST POSITION AND
         ABOLISH SR. ACCOUNT CLERK TYPIST POSITION - OFFICE OF THE AGING-WITHDRAWN
         WHEREAS, there is a growing need for administrative assistance in such programs including but not
limited to filing, scheduling, data collection and entry, and maintaining program updates, and
         WHEREAS, after careful review of the present and future work needs for the office, it has been
determined that the position of Senior Account Clerk Typist is no longer necessary and that a new position is
needed to meet its commitment to its clients, and
         WHEREAS, upon recommendation of and review by the Human Resources Manager and Personnel
Officer, the position of Senior Account Clerk Typist should be abolished and a position titled Account Clerk
Typist should be created to assist in health insurance counseling, in paying heating bills, distribution of farmers
market coupons and administrative assistance in such and other programs including but not limited to filing,
scheduling, data collection and entry, and maintaining program updates.
         NOW, THEREFORE, BE IT RESOLVED, that the Office for the Aging Director is hereby authorized to
create and fill a full-time position (35 hours) titled Account Clerk Typist, in Grade V at an hourly rate of $11.77
an hour, and
         BE IT FURTHER RESOLVED, that the position Senior Account Clerk Typist in the Office for the
Aging be abolished effective immediately.
WITHDRAWN
RE: AUTHORIZE CREATION AND FILLING OF AN AGING ADVOCATE COORDINATOR
         POSITION - OFFICE OF THE AGING - WITHDRAWN
         WHEREAS, the Schuyler County Office of the Aging (SCOFA) serves the needs of persons sixty years
and older residing in the County, and
         WHEREAS, included among its many programs is advocacy and protection of the rights of those older
Schuyler residents that reside in a formal institutional setting as is mandated by the New York State Office for
the Aging, and
         WHEREAS, there are over two hundred and fifty persons in Schuyler County at this time that reside in
such formal settings and that number is expected to grow every year, and
         WHEREAS, in order to properly address the present and future needs of such persons within the
requirements of both State and Federal law, after careful review of the present and future work needs of the
office, to meet its obligations to such persons, it has been determined that a new position is needed, and
         WHEREAS, upon recommendation of and review by the Human Resources Manager and the Personnel
Officer, a position titled Aging Advocate Coordinator should be created to conduct recruiting, training, and
maintenance of a volunteer staff of advocates as well as to participate directly in providing advocacy on the
behalf of elders as above described, and to assure and monitor the operation of such program within the
guidelines of both State and Federal law.
         NOW, THEREFORE, BE IT RESOLVED, that the Director of the Office for the Aging is hereby
authorized to create and fill the position of Aging Advocate Coordinator, part-time (15) hours a week, at Grade
         at an hourly rate of           , effective immediately.
RESOLUTION NO. 259 Motion by Karius, Second by Bingell.
RE: AUTHORIZE TWO (2) RESOLUTIONS BE BROUGHT TO THE FLOOR
         BE IT RESOLVED, that two (2) Resolutions be brought to the floor.
VOTE: Passed 8-0.
RESOLUTION NO. 260 Motion by Larison, Second by Bingell.
194                                   SCHUYLER COUNTY LEGISLATURE
RE:     AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN TO INCLUDE NEWLY CREATED
        TITLE OF HUMAN RESOURCES DIRECTOR AND AUTHORIZE APPOINTMENT THERETO
        WHEREAS, it is the recommendation of the County Administrator that a full-time Human Resources
Director position be created, and
        WHEREAS, the County Administrator has conducted the factor rating below for this new position and
recommends it be placed in Grade Level I of the Management/Confidential Salary Plan and be filled by Gail M.
Hughey:
                 I       Accountability                  90
                 II      Complexity of Duties           120
                 III     Experience/Knowledge           105
                 IV      External Contacts               45
                 V       Independent Judgment           100
                 VI      Internal Contact                60
                 VII     Impact on Programs/Adm          50
                 VIII Interpersonal Skills               80
                 IX      Supervision/Leadership         100
                                 TOTAL                  750 = Grade I.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the creation of the
Human Resources Director in Grade Level I of the Management/Confidential Salary Plan, and
        BE IT FURTHER RESOLVED, that this Legislature hereby appoint Gail M. Hughey as the Human
Resources Director, effective immediately, at an annual salary of $59,556.
VOTE: Passed 8-0.
RESOLUTION NO. 261 Motion by Larison, Second by Bingell.
RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN TO REVISE DUTIES OF CLERK TO
        THE LEGISLATURE AND AUTHORIZE APPOINTMENT THERETO
        WHEREAS, Gail M. Hughey has been appointed Human Resources Director leaving the position of
Clerk to the Legislature/Human Resources Manager vacant, and
        WHEREAS, the added duties of Human Resources Manager should now be removed from the Clerk to
the Legislature title, and
        WHEREAS, the County Administrator and the Human Resources Director have conducted a factor
rating of the Clerk of the Legislature’s position, as revised, and recommend the following changes:
                 I       Accountability                  90
                 II      Complexity of Duties            60
                 III     Experience/Knowledge            85
                 IV      External Contacts               45
                 V       Independent Judgment           100
                 VI      Internal Contact                30
                 VII     Impact on Programs/Adm          25
                 VIII Interpersonal Skills               60
                 IX      Supervision/Leadership          75
                                 TOTAL                  570 = Grade F.
        NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended
to reflect the above change in the grade level of the Clerk to the Legislature, and
        BE IT FURTHER RESOLVED, that this Legislature wishes to appoint Stacy B. Husted as Clerk to the
Legislature at an annual salary of $38,185, to fill the vacated four-year term ending December 31, 2007,
effective immediately, and
        BE IT FURTHER RESOLVED, that Stacy B. Husted be hereby appointed as County Auditor to fill the
vacated term ending December 31, 2005.
VOTE: Passed 8-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
                                        PROCEEDINGS OF THE YEAR 2005                                           193
REPORT ON STANDING COMMITTEES:
          Legislator Bleiler reported on the Human Services Committee. The Legislature continues to study
office space options. There is a definite need recognized for Office for the Aging.
          Legislator Fagan reported on the Community Development & Natural Resources Committee. He
attended a meeting a week ago for the Council of Governments. The County Administrator is a non-voting
facilitator. There will be a subcommittee getting together at a later date. This group hopes to open the lines of
communication among the municipalities. Everyone seemed to feel it was a good idea. He also reported that
SCOPED has been busy putting grant applications together, one for the ongoing water and sewer project.
COUNTY ADMINISTRATOR’S REPORT:
         County Administrator O’Hearn reported that the Performance Base Budget (PBB) project is moving
along. It is now a research project for the department administrators to develop and convert our current budget
into a PBB. The teams have been enthusiastically tackling the subject. It was a volunteer assignment and we
have 100% participation. He is encouraged and excited about the progress.
         He noted that the performance appraisal process needs revision and he is working on a different
instrument. The department administrators seem to be very cooperative.
         He is pleased to report that Council of Governments meeting went well. He recently attended the
League of Women Voters meeting on HAVA. It was an impressive presentation. He encouraged the legislators
to work with the Board of Election Commissioners and he will keep them posted as they move along.
Legislator Slusser asked if the funding is coming from the state or federal level. Tim explained that it is federal
funding at this point, however, they need to make sure that the ongoing costs will not be significant even though
the machines are fully funded. Legislator Slusser asked if the formula is the same as the original. Tim said he
believes it is census driven, per capita distribution.
PUBLIC PARTICIPATION:
         Kelly Bateman, from Building Blocks, said she is willing to sit down and look at negotiating pricing for
continued services to the county.
         James Berg, Chamber of Commerce President, invited all legislation and residents to visit the Watkins
Glen International Speedway this Thursday to see what it is they do at the raceway. He left invitations for all
interested.
         The Meeting adjourned at 7:10 p.m.
                 Heather L. Lodge, Personal Secretary to the Legislature
                 Barbara Klemann, Confidential Secretary to the County Attorney

                                            REGULAR MEETING
                                              AUGUST 8, 2005

        The August 8, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan and followed by a Moment
of Silence. All Legislators were present. County Attorney Coleman and County Administrator Timothy
O’Hearn, were also present.
PUBLIC PARTICIPATION:
        Mr. Gordon Swarthout from Beaver Dams said he attended last month’s meeting and claimed that
Legislator Fagan took it upon himself to accuse him of being a deadbeat. He feels if Mr. Fagan has any
character, he should immediately resign his position as legislator or the Legislature should remove him. His
actions from last month should be accounted for. Chairman Gifford stated that this took place after the meeting
and he witnessed Legislator Fagan apologize to Mr. Swarthout.
        County Administrator O’Hearn said he would like to take this opportunity during public comment
session, to introduce Dr. Castor. Administrator O’Hearn said shortly after he arrived to Schuyler County, he
learned of the Schuyler County Free Health Clinic. He was impressed. He has had some time to spend with Dr.
Castor since and he is here tonight to say thank you and give an update on the clinic. Dr. Castor passed out a
pamphlet on the clinic. He explained that it is a free medical clinic and will be almost a year old. He found
Schuyler County caring and the volunteers are jumping on board. He thanked the Legislature for the resolution
194                                   SCHUYLER COUNTY LEGISLATURE
passed last April allowing them the use of the Public Health facility free of charge. Without that, it would have
cost them a lot of money. Both local pharmacies have offered lower fees and discounts for first visits for their
patients. He feels it is a perfect use of taxpayer money. This clinic is for people who just can not afford
medical insurance. They are also now affiliated with the Health Facility of the Southern Tier. That
collaboration helps them obtain funds easier. Legislator Slusser asked if there is anyone out there now with no
coverage. Dr. Castor said if they do not happen to have coverage, they can get it and the taxpayer pays the bill.
Kathy Walruth as Union President of the CSEA Administrative Unit and as a caring member of community,
said she was delighted to see the Legislature and the Director of Public Health offer the Public Health space for
this clinic. It has alleviated concerns about health insurance issues.
RESOLUTION NO. 262 Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE JUNE 13, 2005 AND JULY 11, 2005 REGULAR MEETINGS OF
         THE SCHUYLER COUNTY LEGISLATURE
         BE IT RESOLVED, that minutes of the June 13, 2005 and July 11, 2005 Regular Meetings of the
Schuyler County Legislature be approved.
VOTE: Passed 8-0.
RESOLUTION NO. 263 Motion by Yuhasz, Second by Bingell.
RE: RESOLUTION IN SUPPORT OF THE HECTOR-LODI TOWN SECTION OF ROUTE 414 AS A
         NEW YORK STATE BYWAY DESIGNATION
         WHEREAS, Schuyler County has rural character and scenic views unmatched by any other place, and
         WHEREAS, it is home to many winery owners, farmers, land owners and cottage owners that would
benefit from a scenic byway, and
         WHEREAS, this would also allow for an opportunity to positively enhance this unique road corridor and
allow for better economic development and better access to grant funding from state and federal government.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports the
Hector-Lodi segment of Route 414 as a New York State Scenic Byway.
VOTE: Passed 8-0.
RESOLUTION NO. 264 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH UNITED CEREBRAL PALSY AND HANDICAPPED
         CHILDREN’S ASSOCIATION OF CHEMUNG COUNTY, INC. FOR 2005 - 2006 – PUBLIC
         HEALTH
         WHEREAS, Schuyler County is required to provide preschool special education services and related
therapy services to children determined to be in need of such services, and
         WHEREAS, United Cerebral Palsy and Handicapped Children’s Association of Chemung County, Inc.
is able to provide these services for children residing in Schuyler County, and
         WHEREAS, rates for special education services are determined by the New York State Education
Department, and
         WHEREAS, the rate for related therapy services will be $70.00 up to an hour session.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with United Cerebral Palsy and Handicapped Children’s Association of Chemung
County, Inc. for the provision of children’s preschool special education services and related therapy services,
effective July 1, 2005 through June 30, 2006, funding available in the Public Health budget, account no.
2960.400, subject to approval by the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 265 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH ANDREW SEUBERT FOR CONSULTATION SERVICES FOR
         2005 – COMMUNITY SERVICES
         WHEREAS, the Community Services Department is in need of specialized training and consultation
services in the specific treatment modality known as Eye Movement Desensitization and Reprocessing, and
         WHEREAS, provision of these services would be beneficial to the operation of the mental health clinic,
and
                                         PROCEEDINGS OF THE YEAR 2005                                       193
        WHEREAS, Andrew Seubert, MA, NCC, is qualified to provide the specialized training and
consultation services, and
        WHEREAS, Andrew Seubert would be reimbursed at the rate of $70.00 per hour for individual
consultation and training sessions and $45.00 per person for up to two hours of group consultation and training,
the total to be reimbursed not to exceed $1,000 for the term of the agreement.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with Andrew Seubert for consultation and training services for the period August 1, 2005
through December 31, 2005, at an amount not to exceed $1,000, such amount provided for in the 2005 Mental
Health budget, account 4310.435.4316, at no local share cost, subject to approval by the Schuyler County
Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 266 Motion by Larison, Second by Bingell.
RE: RECOGNIZE SEPTEMBER AS CHOLESTEROL EDUCATION MONTH - PUBLIC HEALTH
        WHEREAS, high blood cholesterol increases the chance of having a heart attack or some other sign of
heart disease, and
        WHEREAS, there are no signs or symptoms of high blood cholesterol so many people don’t know that
their cholesterol level is too high, and
        WHEREAS, high blood cholesterol is diagnosed by checking cholesterol levels in your blood, and
        WHEREAS, high LDL (Low Density Lipoprotein) cholesterol leads to a buildup of cholesterol in arteries
and the higher the LDL level in blood the greater the chance of getting heart disease, and
        WHEREAS, HDL (high density lipoprotein) carries cholesterol from other parts of the body back to the
liver, which removes the cholesterol from the body, which lowers the chance of getting heart disease.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recommends that
everyone age 20 and older have their cholesterol levels checked, if they haven’t already done so.
VOTE: Passed 8-0.
RESOLUTION NO. 267 Motion by Larison, Second by Bingell.
RE: AUTHORIZE CONTRACT WITH SCHUYLER HEAD START – COMMUNITY SERVICES
        WHEREAS, the Schuyler Head Start program is in need of the skills of a Staff Social Worker and a
Psychologist, and
        WHEREAS, the Schuyler Head Start program will reimburse the Community Services Department for
services provided from September 1, 2005 through June 30, 2006 in the following amounts:
        $50.00 per hour for the Staff Social Worker, up to four and one-half hours per week
        $65.00 per hour for the Psychologist, up to one hour per week
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into a contract with Schuyler Head Start from September 1, 2005 through June 30, 2006 to be renewed
annually, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 268 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AGREEMENTS WITH ONTARIO AND CHEMUNG COUNTY FOR BOARDING OF
        PRISONERS – SHERIFF’S DEPARTMENT – AS AMENDED PER RESOLUTION NO. 101-06
        WHEREAS, it is necessary from time to time for the Schuyler County Jail to board prisoners from other
counties because of overcrowding.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign a contract with Ontario and Chemung County for a period starting August 1, 2005 through July 31, 2006 at
a cost of $65.00 per day for each boarded inmate, contract subject to approval by the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 269 Motion by Larison, Second by Yuhasz.
RE: RESOLUTION SHOWING SUPPORT FOR CIVIL CONFINEMENT AND OTHER STATE
        LEGISLATION PROTECTING WOMEN AND CHILDREN FROM SEX OFFENDERS – SHERIFF’S
        DEPARTMENT
        WHEREAS, New York State has made great strides in reducing violent crime in recent years, and
194                                  SCHUYLER COUNTY LEGISLATURE
        WHEREAS, the safety of our women and children is of the highest priority and any legislation that
seeks to further protect them from sexual predators should be supported and passed, and
        WHEREAS, legislation has been introduced in the New York State Assembly that would provide for
civil confinement of the most dangerous sex offenders and strengthen and expand the scope of Megan’s Law to
provide additional safeguards to shield New Yorkers from sexual violence, and
        WHEREAS, civil confinement legislation would authorize judges, after a unanimous jury verdict, to
order a sexually violent predator to be confined in a secure mental facility upon completion of a prison sentence
upon a determination that the defender has serious difficulty controlling his violent behavior (A2693), and
        WHEREAS, convicted sex offenders would be prohibited from living within 1,000 feet of a school or
school grounds (A1654), and
        WHEREAS, a GPS tracking system would be implemented to monitor the actions and whereabouts of
the most dangerous sex offenders (A1858), and
        WHEREAS, law enforcement would be required, rather than simply permitted, to release information on
Level 2 and Level 3 sex offenders to vulnerable populations (A1654), and
        WHEREAS, the Division of Criminal Justice Services’ website would be expanded to include
information on all registered sex offenders (A1701), and
        WHEREAS, legislation introduced in the New York State Senate at the request of Governor Pataki
would require lifetime registration of all sex offenders on the New York State Sex Offenders Registry
(S2506A),
        WHEREAS, the Schuyler County Legislature is of the belief that statewide legislation requiring local
implementation should be accompanied by state funding streams,
        NOW THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature lends its support to the
implementation of each of the above measures, and
        BE IT FURTHER RESOLVED, support of said legislation is conditioned upon New York State
providing the necessary funding to implement and maintain the above measures, and
        BE IT FURTHER RESOLVED, said Legislature does hereby urge the New York State Assembly to
pass these measures, that New York State Governor George Pataki sign these bills into law when passed, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to the County Sheriff,
District Attorney, New York State Attorney General’s Office, New York State Assembly Speaker Sheldon
Silver, New York State Senate Majority Leader Joseph Bruno, New York State Senator (53 rd District) George
H. Winner, Jr., New York State Assemblyman (137th District) Thomas F. O’Mara and New York State
Governor George Pataki.
VOTE: Passed 8-0.
RESOLUTION NO. 270 Motion by Larison, Second by Yuhasz.
RE: AMEND THE 2005 BUDGET FOR INMATE EXPENSES – SHERIFF’S DEPARTMENT
        WHEREAS, revenues are generated from the inmates in the county jail making phone calls and that
revenue is currently kept in a checking account used on inmate expenses, and
        WHEREAS, it is upon recommendation of the Sheriff and the Public Safety/Criminal Justice Committee
that these funds should now be placed in the county budget in order to be properly audited.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
make the following budget amendment:
AMOUNT                 ACCOUNT NO.                    DESCRIPTION
+$18,793.47            3150.401                       Contractual Expense
+$18,793.47            3150-1289                      Revenue-Other Gen. Govern. Dept. Income
VOTE: Passed 8-0.
RESOLUTION NO. 271 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE LEVEL THREE PARTNERSHIP PARTICIPATION AGREEMENT WITH THE NEW
        YORK STATE OFFICE FOR TECHNOLOGY FOR THE STATEWIDE WIRELESS NETWORK –
        EMERGENCY SERVICES
                                        PROCEEDINGS OF THE YEAR 2005                                         193
        WHEREAS, the Schuyler County Emergency Management Office has contacted the State Office For
Technology with the intent of exploring a partnership to obtain basic Statewide Wireless Network services
which would benefit the County, and
        WHEREAS, said partnership would involve planning and coordinating the use of technology to improve
Governmental efficiency and effectiveness, designing and implementing the State’s common technology
networks.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with The New York State Office For Technology for the Office of Emergency Management
to obtain Statewide Wireless Network services for an ongoing term, at no cost to the county; subject to approval
of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 272 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE ADVERTISEMENT FOR BID FOR ELEVATOR REPAIR MAINTENANCE AND
        TESTING SERVICES - BUILDINGS AND GROUNDS
        WHEREAS, the current contract for elevator repair, maintenance, and testing has expired, and
        WHEREAS, the Building Maintenance Supervisor in conjunction with the Public Works Committee
would like to solicit bids for said service.
        NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be hereby
authorized to advertise for bids for elevator repair, maintenance, and testing, and
        BE IT FURTHER RESOLVED, that sealed bids will be received at the Schuyler County Legislative
Office, 105 Ninth Street, Watkins Glen, NY 14891 on or before 9:15 a.m., Friday, September 2, 2005 and
opened in the Schuyler County Legislative Office that same day at 9:30 a.m. Acceptance or rejection of bids
will be awarded at the September 12, 2005 Regular Meeting of the Schuyler County Legislature. The County of
Schuyler reserves the right to reject any and all bids.
VOTE: Passed 8-0.
RESOLUTION NO. 273 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE CREATION AND FILLING OF ACCOUNT CLERK TYPIST-KEYBOARD
        SPECIALIST POSITION AND ABOLISH SR. ACCOUNT CLERK POSITION - OFFICE OF THE
        AGING
        WHEREAS, there is a growing need for administrative assistance in such programs including but not
limited to filing, scheduling, data collection and entry, and maintaining program updates, and
        WHEREAS, after careful review of the present and future work needs for the office, it has been
determined that the position of Senior Account Clerk is no longer necessary and that a new position is needed to
meet its commitment to its clients, and
        WHEREAS, upon recommendation of and review by the Human Resources Manager and Personnel
Officer, the position of Senior Account Clerk should be abolished and a position titled Account Clerk Typist-
Keyboard Specialist should be created to assist in health insurance counseling, in paying heating bills,
distribution of farmers market coupons and administrative assistance in such and other programs including but
not limited to filing, scheduling, data collection and entry, and maintaining program updates.
        NOW, THEREFORE, BE IT RESOLVED, that the Office for the Aging Director is hereby authorized to
create and fill a full-time position (35 hours) titled Account Clerk Typist-Keyboard Specialist, in Grade V at an
hourly rate of $11.77, and
        BE IT FURTHER RESOLVED, that the position Senior Account Clerk in the Office for the Aging be
abolished effective immediately.
VOTE: Passed 8-0.
RESOLUTION NO. 274 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE CREATION AND FILLING OF AN AGING ADVOCATE COORDINATOR
        POSITION - OFFICE OF THE AGING
        WHEREAS, the Schuyler County Office of the Aging (SCOFA) serves the needs of persons sixty years
and older residing in the County, and
194                                   SCHUYLER COUNTY LEGISLATURE
         WHEREAS, included among its many programs is advocacy and protection of the rights of those older
Schuyler residents that reside in a formal institutional setting as is mandated by the New York State Office for
the Aging, and
         WHEREAS, there are over two hundred and fifty persons in Schuyler County at this time that reside in
such formal settings and that number is expected to grow every year, and
         WHEREAS, in order to properly address the present and future needs of such persons within the
requirements of both State and Federal law, after careful review of the present and future work needs of the
office, to meet its obligations to such persons, it has been determined that a new position is needed, and
         WHEREAS, upon recommendation of and review by the Human Resources Manager and the Personnel
Officer, a position titled Aging Advocate Coordinator should be created to conduct recruiting, training, and
maintenance of a volunteer staff of advocates as well as to participate directly in providing advocacy on the
behalf of elders as above described, and to assure and monitor the operation of such program within the
guidelines of both State and Federal law.
         NOW, THEREFORE, BE IT RESOLVED, that the Director of the Office for the Aging is hereby
authorized to create and fill the position of Aging Advocate Coordinator, part-time (15) hours a week, at Grade
XII at an hourly rate of $12.80 an hour, effective immediately.
VOTE: Passed 8-0.
RESOLUTION NO. 275 Motion by Larison, Second by Bleiler.
RE: APPOINTMENT – SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT
         (STCRP & D) BOARD
         BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Danielle
Hautaniemi to the STCRP & D Board to replace Charles Fausold with a term ending December 31, 2005.
VOTE: Passed 8-0.
RESOLUTION NO. 276 Motion by Larison, Second by Bingell.
RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN/AUTHORIZE CREATION AND
         FILLING OF ONE FULL-TIME PURCHASING SPECIALIST POSITION – TREASURER’S OFFICE
         WHEREAS, Resolution No. 246-05 authorized the County Administrator to fill the Purchasing Agent
position in the manner deemed most appropriate, and
         WHEREAS, it is his recommendation that it would be beneficial to re-create the Purchasing Specialist
and place said position under the supervision of the Treasurer, and
         WHEREAS, the Human Resources Director has conducted the factor rating below for this new position
and recommends it be placed in Grade Level D of the Management/Confidential Salary Plan:
                I       Accountability                    60
                II      Complexity of Duties              30
                III     Experience/Knowledge              60
                IV      External Contacts                 30
                V       Independent Judgment              75
                VI      Internal Contact                  30
                VII     Impact on Programs/Adm            25
                VIII Interpersonal Skills                 40
                IX      Supervision/Leadership            25
                        TOTAL                            375 = D
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby amends the
Management/Confidential Salary Plan (MCSP) and approves of the Treasurer’s creation and filling of one full-
time Purchasing Specialist position, to be placed in Grade Level D in the MCSP, effective immediately at a
salary range of $29,102 - $36,060.
VOTE: Passed 8-0.
RESOLUTION NO. 277 Motion by Larison, Second by Bingell.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY CLERK TO THE
         LEGISLATURE
         BE IT RESOLVED, that this Legislature acknowledge the appointment by Stacy B. Husted, Clerk to the
                                       PROCEEDINGS OF THE YEAR 2005                                          193
Legislature, of Sharlene Parker as Deputy Clerk of the Legislature at an annual salary of $31,500, effective
August 22, 2005, to fill the vacated four-year term ending December 31, 2007, said position is in Grade Level D
of the Management/Confidential Salary Plan.
VOTE: Passed 8-0.
RESOLUTION NO. 278 Motion by Larison, Second by Bingell.
RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND
        SALARY RANGES
        WHEREAS, the Management/Confidential Salary Plan states that the salary ranges may be increased
each year by the rate of the Cost of Living Adjustment (COLA) from the July Bureau of Labor Statistics Data
Report, Consumer Price Index, and applied using the same methodology as the Federal Government, and
        WHEREAS, the COLA for the period April-May-June, 2005 was determined to be 3.2%, and
        WHEREAS, the Legislature will set the COLA to be 3.2 % for the year 2006.
        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, 2006.
                                           FACTOR RATING SYSTEM
                                             AND SALARY RANGES
                POINTS                         GRADE                 MIN            MID            MAX_
                1026 – 1100                            M             67,903         77,031         86,178
                 951 – 1025                            L             62,675         71,815         80,955
                  876 – 950                            K             57,451         66,592         75,733
                  801 – 875                            J             52,228         61,370         70,510
                  726 – 800                            I             47,008         56,148         65,287
                  651 – 725                            H             41,784         50,271         58,759
                  576 – 650                            G             37,866         47,008         56,148
                  501 – 575                            F             35,254         43,742         52,228
                  426 – 500                            E             32,643         40,477         48,312
                  351 – 425                            D             30,033         37,214         44,397
                  276 – 350                            C             27,421         33,949         40,477
                  202 – 275                            B             24,809         31,338         37,866
VOTE: Passed 8-0.
RESOLUTION NO. 279 Motion by Larison, Second by Bingell.
RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE COMPUTERS – COUNTY ATTORNEY’S
        OFFICE
        WHEREAS, the County Attorney’s Office has two older computers that are currently running outdated
programs, and
        WHEREAS, there is a problem with malfunctions on a near-daily basis with one of these computers, and
        WHEREAS, these computers are unable to run the updated programs that would allow them to interact
with other computers in the department, and to meet the confidentiality rules of the IT Policy recently adopted
by the Legislature concerning confidentiality of e-mail and documents sent, and
        WHEREAS, the IT Department has advised the County Attorney’s Office that it is not able to efficiently
bring these computers up to date without losing valuable functions in both of them, that there are no other used
computers available to replace them, and that these computers be replaced as soon as possible so they may be
able to run the current applications that the county is using and comply with the IT Policy, and
        WHEREAS, the IT Department has given what they feel to be an excellent quote from Dell of $672.50
per computer (no monitors are needed at this time), for a total of $1,345, plus shipping and handling, and
        WHEREAS, there are insufficient funds in the County Attorney’s 2005 budget to cover said purchase.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer $1,345 from Contingency account no. 1990.500 to County Attorney account no. 1420.200-Equipment,
for the purchase of two computers. Shipping and handling charges shall be paid out of the County Attorney
account no. 1420.433.
194                                  SCHUYLER COUNTY LEGISLATURE
DISCUSSION: Legislator Slusser said every year we have this happen. Every year two or three different
departments come for more money. He feels this should be part of the budget process. Administrator O’Hearn
agrees and said he intends to separate all Information Technology (IT) purchases into one group and have the IT
department administer the funds. Only those purchases reviewed and approved of will be budgeted for.
VOTE: Passed 8-0.
RESOLUTION NO. 280 Motion by Larison, Second by Bingell.
RE: AUTHORIZE TRANSFER OF FUNDS – PUBLIC DEFENDER
        WHEREAS, the Public Defender’s 2005 budget has experienced some significant expenses due to
several assigned counsel cases and some outstanding 2003/04 assigned counsel invoices.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer by hereby authorized to
transfer $10,000.00 from Contingency account no. 1990.500 into Public Defender account no. 1170.563–
Assigned Counsel/Family Court to pay for said invoices.
DISCUSSION: Legislator Bleiler wanted to know how they have run out of funds in this line item. He will be
attending the next Public Safety/Criminal Justice Committee meeting for an explanation from the Public
Defender. Legislator Fagan stated that most of these bills are still from the year 2003-2004. Legislator Bleiler
said he believes they were told they would not need much this year to pay them off.
VOTE: Passed 8-0.
RESOLUTION NO. 281 Motion by Fagan, Second by Bleiler.
RE: AUTHORIZE TRANSFER OF FUNDS – HUMAN RESOURCES
        WHEREAS, there has been a significant increase in human resource issues that required professional
labor attorney expertise, and
        WHEREAS, there are insufficient funds in the Human Resources 2005 budget to cover bills from labor
counsel.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer $701.00 from Contingency account no. 1990.500 to Human Resources account no. 1430.435.
VOTE: Passed 8-0.
RESOLUTION NO. 282 Motion by Fagan, Second by Bleiler.
RE: RESOLUTION IN SUPPORT OF NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
        CONSERVATION (NYSDEC) APPROVING A REMEDIAL DESIGN WORK PLAN
        WHEREAS, the proposed hotel plan for the Seneca Market Site on North Franklin Street in Watkins
Glen is a major development project for Schuyler County, and
        WHEREAS, with nearly one-hundred visitors to every resident, one of the highest ratios in the nation,
the County Legislature is very much in favor of the proposed hotel project, and
        WHEREAS, this project will provide substantial benefits to our community and region, and
        WHEREAS, this Legislature supports the Brownfield Cleanup Program and this proposed remedy to
address contamination related to this site in order to place it back to productive use.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the NYSDEC to
promptly consider, review, and approve the proposed Remedial Design Work Plan for this site.
VOTE: Passed 8-0.
RESOLUTION NO. 283 Motion by Fagan, Second by Bleiler.
RE: AUTHORIZE AGREEMENT WITH YOUTH BUREAU TO PROVIDE PERSONS IN NEED OF
        SUPERVISION (PINS) DIVERSION SERVICES – SOCIAL SERVICES
        WHEREAS, Resolution No. 215-05 designated the Department of Social Services as Lead Agency for
PINS Diversion, and
        WHEREAS, the Department of Social Services has funds available through the Flexible Fund for
Family Services to pay for an agreement with the Youth Bureau to have the Families First Program provide
PINS Diversion Services.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign an agreement between Social Services and the Youth Bureau for the purpose of providing PINS Diversion
Services, at a cost not to exceed $100,000, effective upon signing the agreement for a term of a full year;
subject to the approval of the Schuyler County Attorney.
                                      PROCEEDINGS OF THE YEAR 2005                                               193
VOTE: Passed 8-0.
RESOLUTION NO. 284 Motion by Fagan, Second by Bleiler.
RE: AUTHORIZE REQUEST FOR PROPOSALS TO PROVIDE TWO (2) CRISIS AND PREVENTION
        (CAP) WORKERS FOR THE FAMILIES FIRST PINS DIVERSION PROGRAM – YOUTH
        BUREAU
        WHEREAS, there is a need for crisis and prevention (CAP) workers in the Families First program to
administer the Persons In Need of Supervision (PINS) diversion program, and
        WHEREAS, the Department of Social Services has funds available through the Flexible Fund for
Family Services to pay for the agreement.
        NOW, THEREFORE, BE IT RESOLVED, that the Youth Bureau Director be authorized to request
proposals for said services, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an
agreement with said agency chosen from the proposals to provide two (2) CAP prevention workers at a cost not
to exceed $100,000, effective upon signing the agreement for a term of a full year; subject to the approval of the
Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 285 Motion by Bingell, Second by Yuhasz.
RE: MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR
        BE IT RESOLVED, that one (1) Resolution be brought to the floor.
VOTE: Passed 8-0.
RESOLUTION NO. 286 Motion by Bingell, Second by Yuhasz.
RE: APPOINTMENT – COUNTY CORONER
        WHEREAS, Wesley Canfield, M.D. has resigned from his position as County Coroner effective July 31,
2005, and
        WHEREAS, Blanche Borzell, M.D., Chief Coroner, has recommended Dr. James Norton to fill said
vacancy until such time a primary can be held to fill the unexpired term.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Dr.
James Norton, M.D. as County Coroner to fill the vacancy of Wesley Canfield, M.D., effective immediately
until December 31, 2005.
VOTE: Passed 8-0.
NEW BUSINESS:
        Administrator O’Hearn stated that the Legislature has scheduled a public information meeting for next
Thursday, August 18, 2005 at the Rural Urban Center (RUC) in Montour Falls at 7:00 p.m. for a reconfigured
office space study. He has some specific information to share with the media. The main goal of the meeting is
to explain to the residents why this is being considered in response to individual questions to legislators. It is to
hold an open forum to provide accurate information to the public.
        MOTION by Legislator Bleiler to publicly say thank you to Dr. Castor and say our County appreciates
the gratitude and excellent example of efforts, shared services and volunteerism as it relates to the Free Health
Clinic. SECOND by Legislator Yuhasz. Motion carried eight ayes to zero noes.
REPORT ON STANDING COMMITTEES:
        Legislator Bleiler reported on the Human Services Committee. He reported that the Youth Bureau will
have their annual summer youth employment at the race track this weekend. There is usually around forty
youth that are paid by the race track to pick up after the race. They do an excellent job and he feels this is a
good government program to help kids earn money and learn responsibility.
        Legislator Bingell reported on the Public Works Committee. She reported that the Highway Department
has been out paving and doing a good job. If you should happen to travel County Route 23, they have really
done a beautiful job. She has a letter to Rodney Jaynes, Deputy Highway Superintendent, from Kathy Walruth
complimenting their hard work on the crews. She read the letter out loud. See letter on file in the meeting
folder.
        Legislator Slusser reported on the Management and Finance Committee. He reported that the Treasurer
and her department have been working very hard. The County is now caught up on audits and annual reports
194                                   SCHUYLER COUNTY LEGISLATURE
filed with the State. He also read a letter of accommodation to Helen Thingvoll, Personnel Officer, from the
State. The County’s provisional appointments have come down significantly.
COUNTY ADMINISTRATOR’S REPORT:
         Administrator O’Hearn said he had nothing new to report, other than to announce that the Council of
Governments has their second meeting scheduled for Wednesday, August 17, 2005. They will be setting by-
laws and identifying issues to prioritize and address.
PUBLIC PARTICIPATION:
         Mr. Gordon Swarthout asked what Resolution No. 282 was in regards to. Chairman Gifford explained
that it has to do with clean up of lakefront property and the DEC has asked for public comment.
         The Meeting adjourned at 6:57 p.m.
                 Stacy B. Husted, Clerk

                                            SPECIAL MEETING
                                            SEPTEMBER 7, 2005

        The September 7, 2005 Special Meeting of the Schuyler County Legislature was called to order at 9:15
a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment
of Silence. All Legislators were present, except for Legislature Fagan who was excused. County Attorney
Coleman and County Administrator Timothy O’Hearn, were also present.
PUBLIC PARTICIPATION:
RESOLUTION NO. 287 Motion by Bingell, Second by Slusser.
RE: RATIFICATION OF SPECIAL MEETING
        BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon
the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the
following items of business:
        1. ACCEPT/REJECT BIDS FOR SENECA HARBOR PARK PHASE III CONSTRUCTION
        2. AUTHORIZE CONSIGNMENT CONTRACT FOR COUNTY AUCTION OF SURPLUS
            VEHICLES – HIGHWAY DEPARTMENT
Vote: Passed 6-0.
RESOLUTION NO. 288 Motion by Bingell, Second by Yuhasz.
RE: ACCEPT/REJECT BIDS FOR SENECA HARBOR PARK PHASE III CONSTRUCTION –
        BUILDINGS AND GROUNDS
        WHEREAS, Resolution No. 54-03 authorized a contract with Hunt Engineers to provide construction
documents, bid administration and construction administration as well as authorization to go out to bid for the
Seneca Harbor Park Phase III project, and
        WHEREAS, there were only two bids received, both being higher than the County’s budgeted funding
for the Phase III Project.
        NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby rejects all bids as
follows:
                Edger Enterprises             $705,195
                Fahs Construction Group       $562,770
DISCUSSION: Chairman Gifford asked what the estimate was from the engineer. David Lisk, Building
Maintenance Supervisor, said $360,000. Legislator Slusser said the increase can not be the cost of gas only.
David explained that with other projects, his department or the Highway Department did some paving and some
labor which saved the county money. Having the contractor include all of that in the quote increased the cost.
He suggested they pull that out next time and do it themselves again. He feels it is a combination of things. He
is confident if they re-bid, pull pavers out and have his staff do some items, it would lower the bids down to
closer to $360,000. He recommended having the word done after the cardboard boat festival in Spring of 2006.
Vote: Passed 6-0.
Legislator Larison in at 9:20am
RESOLUTION NO. 289 Motion by Bingell, Second by Slusser.
                                      PROCEEDINGS OF THE YEAR 2005                                          193
RE: AUTHORIZE CONSIGNMENT CONTRACT FOR COUNTY AUCTION OF SURPLUS VEHICLES
        – HIGHWAY DEPARTMENT
        WHEREAS, it is upon the recommendation of the County Administrator and the Highway
Superintendent that two county surplus vehicles be take to auction on Saturday, September 10, 2005.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of Legislature be hereby authorized to
sign a contract with Roy Teitsworth for an auction in Monroe, at a 10% commission; subject to the approval of
the Schuyler County Attorney.
DISCUSSION: Chairman Gifford explained that the next auction is in Rochester for two cars from Central
Garage. There is no agreement with them and they need it by this Friday. Administrator O’Hearn explained
that he met with the Highway Superintendent and with the auctioneer last week. The auctioneer’s suggestion
was to have one car on Ebay again with nothing to lose. This time they put both cars on and Ebay did not hit the
reserve amount. The Highway Superintendent needs a resolution to authorize the chairman to sign an
agreement for Friday for this specific auction that was not listed in the original resolution.
Vote: Passed 7-0.
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 9:25 a.m.
               Stacy B. Husted, Clerk
                                             REGULAR MEETING
                                             SEPTEMBER 12, 2005

        The September 12, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment
of Silence. All Legislators were present. County Attorney Coleman and County Administrator Timothy
O’Hearn, were also present.
PUBLIC PARTICIPATION:
        Georgiana Baker, a county employee, spoke in regards to the parking directive issued. She is concerned
about a number of items such as the Star Gazette article. She wished that she and others had been spoken to
prior to this directive. She is also concerned about parking in the State Park lot, in regards to ice and snow. She
also spoke about the new regulations in the Village of Watkins Glen going into effect and how it will possibly
affect employees receiving parking tickets. She is also concerned with the safety of county vehicles in the new
location at the State Park lot. She said she expects that when you have a job that you are going to have a
parking space for your car every day.
        Kathy Walruth, Union President of the CSEA Administrative Unit, indicated that she wants to make
sure that the County Administrator will ensure that the State Park lot will be kept clear during bad weather, so
no one falls, referring to previous injury last year of a county employee. Kathy is concerned that not only the
administrative union staff to be required to park in non-visitor designated spots but the Sheriff’s department
employees should also be required and it should be enforced.
        Sue Brill, a county employee, indicated that she knows that parking is a problem but feels that this
directive in regards to parking was not discussed with other employees and feels that it should have been, before
put in place.
        County Administrator O’Hearn responded to the parking directive concerns by explaining that parking is
not an entitlement for workers. He is aware that the new situation needs monitoring. He does not want to look
out here and see empty spaces. He stated that he has always had an open door policy and anyone with concerns
could come and discuss them. He informed the public that this is not a change of employment issue, and it is
not a bargaining unit issue. It is a management prerogative through my office. The bottom line is, the County
simply does not have enough parking spaces for everyone. He added, however, that he will consider hardship
waivers. He said the directive was prompted by visitor complaints.
RESOLUTION NO. 290 Motion by Larison, Second by Yuhasz.
RE: APPROVE MINUTES OF THE AUGUST 8, 2005 REGULAR MEETING OF THE SCHUYLER
        COUNTY LEGISLATURE
        BE IT RESOLVED, that minutes of the August 8, 2005 Regular Meeting of the Schuyler County
194                                   SCHUYLER COUNTY LEGISLATURE
Legislature be approved.
Vote: Passed 8-0.
RESOLUTION NO. 291 Motion by Larison, Second by Yuhasz.
RE: RESOLUTION IN SUPPORT OF THE TRANSPORTATION BOND ACT OF 2005
        WHEREAS, all of the various communities and residents of the State of New York receive significant
benefits, including without limitation significant economic opportunities through increased and enhanced
development as well as a reduction in highway fatalities and injuries, arising out of the maintenance and
upgrading of the transportation system within the State; and
        WHEREAS, the State Legislature and the Governor have proposed a five-year $35.8 billion capital
transportation plan that includes the $2.9 billion Transportation Bond Act of 2005 (Bond Act); and
        WHEREAS, the investment by the State of New York and its citizens in highways and bridges within
the State not only provides a safer and more efficient transportation system, but also provides all New Yorkers
with the ability to meet their individual transportation needs in a safe and efficient manner; and
        WHEREAS, one of the projects which will benefit from the Bond Act is the upgrade of New York State
Route 17, which traverses ten counties located within the Southern Tier, to Interstate 86; and
        WHEREAS, a study projects that the conversion of New York State Route 17 to Interstate 86 will result
in a $3.2 billion direct economic benefit to the communities along the I-86 highway corridor once the
conversion has been completed; and
        WHEREAS, residents of the State of New York have overwhelmingly expressed their support for
increased investment in the improvement of roads and bridges within the State to provide for safer and more
efficient transportation within the State; and
        WHEREAS, the Bond Act is only one part of an overall plan to improve the transportation infrastructure
within the State.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby express its
support for the $2.9 billion Bond Act and recommends its approval by the voters of the State of New York; and
        BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby authorized and directed to
forward a certified copy of this resolution to Governor George E. Pataki, Senate Temporary President and
Majority Leader Joseph L. Bruno, Speaker of the Assembly Sheldon Silver, Senator George H. Winner, Jr.,
Assemblyman Thomas F. O’Mara, Transportation Commissioner Thomas Madison, Senate Transportation
Committee Chairman Thomas E. Libous, assembly Standing Committee on transportation Chairman David
Grant, the New York State Association of Counties, the Inter-County Association of Western New York, and
the Schuyler County Council of Governments.
Vote: Passed 8-0.
RESOLUTION NO. 292 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE AN AGREEMENT WITH DIANA ORTIZ FOR INTERPRETING SERVICES –
        HEALTH SERVICES
        WHEREAS, the Public Health and Mental Health departments may on occasion require a Spanish
language interpreter in order to provide services to clients whose first language is Spanish, and
        WHEREAS, Diana Ortiz is qualified to provide interpreting services on an as-needed basis, and
        WHEREAS, funds are available in the 2005 Public Health and Mental Health budgets to provide for
payment of these services.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Diana Ortiz for the provision of interpreting services on an as needed basis at the rate of
$25 per hour for the period August 8, 2005 through December 31, 2005, renewable annually on the calendar
year, funds available in the 2005 Mental Health and Public Health budgets, account no. 4310.435 and account
no. 4010.400, subject to approval by the Schuyler County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 293 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE AGREEMENT WITH SUE COLLINS, DVM FOR VETERINARY SERVICES –
        PUBLIC HEALTH
                                        PROCEEDINGS OF THE YEAR 2005                                       193
        WHEREAS, the Public Health Department is required to provide rabies vaccination clinics and staff
such clinics with qualified personnel, and
        WHEREAS, Dr. Sue Collins is an established veterinarian qualified to provide services at the
vaccination clinics.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with Dr. Sue Collins for the provision of veterinary services at the rabies vaccination
clinics for the period August 1, 2005 through December 31, 2005, at the hourly rate of $25.00, such amount
provided for in the 2005 Public Health budget, account no. 4042.435, subject to approval by the Schuyler
County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 294 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AN AMENDMENT TO THE 2005 AGREEMENT WITH HEALTH CARE
        COMPLIANCE ENTERPRISE, LLC – COMMUNITY SERVICES
        WHEREAS, Resolution No. 62-05 authorized a contract renewal with Health Care Compliance
Enterprise, LLC for consultation services regarding regulatory compliance, in an amount not to exceed $7,150
for 2005, and
        WHEREAS, this amount has been exhausted and additional work is necessary to prepare for the
upcoming regulatory review of the Mental Health clinic.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an amendment to the agreement with Health Care Compliance Enterprise, LLC for consultation
services, increasing the amount of the contract by $4,200, to an amount not to exceed $11,350, funds available
in the 2005 Mental Health budget, account no. 4310.435-4316, at no local share cost, subject to approval by the
County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 295 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AN AMENDMENT WITH FINGER LAKES ADDICTIONS COUNSELING AND
        REFERRAL AGENCY (FLACRA) AND AMEND THE 2005 BUDGET – COMMUNITY SERVICES
        WHEREAS, Resolution No. 472-04 authorized a contract renewal with the FLACRA in an amount not
to exceed $103,389 for 2005 and Resolution No. 120-05 authorized an amendment to that agreement reducing
the contract to an amount not to exceed $83,480, and
        WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has
issued a revised State Aid letter increasing funding to FLACRA by $2,690.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an amendment to the 2005 agreement with Finger Lakes Addictions Counseling and Referral Agency
for alcoholism and substance abuse treatment services, increasing the amount of the contract by $2,690, to an
amount not to exceed $86,170, subject to approval by the County Attorney, and
        BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2005
County Mental Health budget as follows:
        AMOUNT                 ACCOUNT NO.                    DESCRIPTION
        + $2,690               4322.336                       FLACRA
        + $2,690               4322-3490                      State Aid-Mental Health
Vote: Passed 8-0.
RESOLUTION NO. 296 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AMENDMENT TO THE 2005 AGREEMENT WITH FAMILY SERVICE SOCIETY
        AND AMEND THE 2005 BUDGET – COMMUNITY SERVICES
        WHEREAS, the Mental Health Department currently contracts with Family Service Society Inc., for
specialized treatment services and related training, and
        WHEREAS, there is a temporary need for mental health services workers to provide clinic services due
to the current staffing shortage in the Mental Health Clinic, and
        WHEREAS, Family Service Society is able to provide qualified Social Workers to work in the Mental
Health Clinic on a temporary basis, and
194                                 SCHUYLER COUNTY LEGISLATURE
        WHEREAS, savings in the Mental Health personnel budget due to vacancies can be used to cover the
cost of the temporary workers.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
execute a contract amendment with Family Service Society Inc. to include the provision of temporary mental
health workers for the period September 1, 2005 through December 31, 2005, at the rate of $36 per hour, in an
amount not to exceed $12,000, total funding of this contract not to exceed $32,000, subject to approval by the
Schuyler County Attorney, and
        BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2005
Mental Health budget as follows:
AMOUNT                ACCOUNT NAME                          ACCOUNT NUMBER
- $12,000             Personnel Svcs Regular                4310.100
+ $12,000             Professional Fees & Svcs              4310.435
Vote: Passed 8-0.
RESOLUTION NO. 297 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AN AMENDMENT TO THE FEE SCHEDULE FOR WATERSHED PROTECTION
        AGENCY AND AMEND THE 2005 BUDGET – PUBLIC HEALTH
        WHEREAS, services performed by the Watershed Protection Agency are subject to fees charged and
collected by the Watershed Inspector per an established fee schedule approved by the Legislature, and
        WHEREAS, current economic conditions, most specifically the dramatic increase in gasoline prices, has
resulted in an increase in fees charged for laboratory services in connection with services provided by the
Watershed Protection Agency, and
        WHEREAS, the increased cost of the laboratory services shall be borne by the recipient of the
Watershed services and shall not be added to the local share cost.
        NOW, THEREFORE, BE IT RESOLVED, that the fee schedule for the Watershed Protection Agency
be amended to reflect a $2 increase per water sample submitted for laboratory testing, and
        BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the Public
Health 2005 budget as follows:

AMOUNT                 ACCOUNT NUMBER                      DESCRIPTION
+ $450.00              4050.476                            Sampling (Sand & Water)
+ $450.00              4050-1609                           Watershed Revenues
Vote: Passed 8-0.
RESOLUTION NO. 298 Motion by Larison, Second by Bingell.
RE: AUTHORIZE STOP DWI PLAN FOR 2006 – SHERIFF’S DEPARTMENT
        WHEREAS, the County of Schuyler is participating in the New York State Stop D.W.I. Program, and
        WHEREAS, participation in said program is totally reimbursed by the State of New York.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby adopts and approves the 2006
STOP-D.W.I. Program Plan, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign said
Plan; subject to the approval of the Schuyler County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 299 Motion by Larison, Second by Bingell.
RE: AMEND DEPARTMENT OF SOCIAL SERVICES 2005 BUDGET FOR TANF SERVICES PLAN
        WHEREAS, the State of New York allocated additional funds for the Department of Social Services’
TANF Services Plan that need to be included in the department’s budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services
Budget shall be amended as follows:
        AMOUNT         ACCOUNT NO.                  DESCRIPTION
        + $60,000      6010.552                     TANF Services Plan
        + $60,000      6010-4610                    Federal Aid – Administration
Vote: Passed 8-0.
                                         PROCEEDINGS OF THE YEAR 2005                                      193
RESOLUTION NO. 300 Motion by Larison, Second by Bingell.
RE: AUTHORIZE TRANSFER OF FUNDS – LEGISLATURE
        WHEREAS, Resolution No. 260-05 appointed Gail Hughey as a full-time Human Resources Director
removing her from the Legislative Office as Clerk to the Legislature, and
        WHEREAS, the prior salary for the position of Clerk of the Legislature/Human Resources Manager was
split between the Human Resources budget and the Legislative budget, and
        WHEREAS, this change created a surplus in the Legislative budget and a deficit in the Human
Resources budget, and
        WHEREAS, there is now a need to transfer funds from one budget to the other to pay for the remainder
of the 2005 salary.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer $19,790.88 from Legislative account no. 1010.100-Personal Services, to Human Resources account no.
1430.100-Personal Services.
Vote: Passed 8-0.
RESOLUTION NO. 301 Motion by Larison, Second by Bingell.
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 October 8, 2005
as a tax auction sale date, and
        BE IT FURTHER RESOLVED, that the Chairman of this Legislature or his designee be, and hereby is,
authorized to sign and the Sheriff’s Department to hand deliver a Notice to Vacate to all occupants of property
on which the County of Schuyler holds, or will hold, a tax deed to, and
        BE IT FURTHER RESOLVED, that said Notice of Vacate be sent by registered mail to the most recent
owners of record as shown in the property description.
Vote: Passed 8-0.
RESOLUTION NO. 302 Motion by Larison, Second by Bingell.
RE: ACCEPT 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.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to accept the
Offer to Purchase and execute the quitclaim deed and attending documents for the transfer of properties for
which the County of Schuyler has taken a tax deed and listed said property in the tax sale auction, upon
payment to the Schuyler County Treasurer of the full amount of the purchase offer. The full amount of the
purchase offer must be made by 5:00 p.m. on October 7, 2005, which is the last regularly scheduled work day of
the Schuyler County Treasurer’s Office prior to the tax sale auction, and
        BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County
Attorney shall prepare a quitclaim deed to the former owner of record which the Chairman of this Legislature is
hereby authorized to execute and deliver within thirty (30) days of the payment thereof.
Vote: Passed 8-0.
RESOLUTION NO. 303 Motion by Karius, Second by Bingell.
RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR PERSONNEL – BOARD OF
        ELECTIONS
        WHEREAS, the Board of Election Commissioners recognize additional part-time personnel is necessary
to assist the office in transition with one Deputy Commissioner resigning at the end of the year, and
194                                  SCHUYLER COUNTY LEGISLATURE
        WHEREAS, the Commissioners would like to request additional funding to pay for said personnel in
order to properly train them before the Deputy Commissioner leaves.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
transfer the amount of $2,000 from Contingency account no. 1990.500 to account no. 1450.100 to cover said
training for a period of September 13, 2005 through December 31, 2005.
Vote: Passed 8-0.
RESOLUTION NO. 304 Motion by Karius, Second by Bingell.
RE: AUTHORIZE REVISION OF RECORDS MANAGEMENT PROGRAM – AMENDED BY
        RESOLUTION NO. 389-05
        WHEREAS, it is the recommendation of the County Administrator and Human Resources Director that
the Records Manager position be revised to assume the responsibilities of Records Management Officer,
include grant writing and other administrative responsibilities, and report to the County Clerk.
        NOW, THEREFORE, BE IT RESOLVED, that the Records Manager position be hereby amended as set
forth above, placed in Grade Level XVIII with a starting base rate of $14.37 per hour, and
        BE IT FURTHER RESOLVED, that said increase will be covered by current funds in the 2005 Records
Management budget, and
        BE IT FURTHER RESOLVED, that Resolution Nos. 87-1998 and 94-1999 designating the Deputy
Clerk of the Legislature as Records Management Officer, and designating the Records Manager position to the
Legislative Office, respectively, be hereby rescinded, and
        BE IT FURTHER RESOLVED, that Kathy Walruth, Records Manager, be hereby designated as
Schuyler County’s Records Management Officer with the New York State Archives, effective immediately.
Vote: Passed 8-0.
RESOLUTION NO. 305 Motion by Karius, Second by Bingell.
RE: AUTHORIZE CONTRACT EXTENSION WITH SILVERLINE CONSTRUCTION FOR
        MISCELLANEOUS STRUCTURAL MAINTENANCE AND RECONSTRUCTION - HIGHWAY
        DEPARTMENT
        WHEREAS, the Highway Superintendent and the Public Works Committee agree to exercise an
available one-year contract renewal for assistance when the county receives structural damage, which requires
repair on various structures throughout the county due to emergencies, State Flag reports, natural disasters, etc.,
and
        WHEREAS, Silverline Construction has agreed to extend the original agreement for the following
amounts:

Classifications                      Towns of Catharine, Cayuta,           Towns of Dix, Orange,
                                     Hector & Montour Hourly Rate          Reading & Tyrone Hourly Rate
       Foreman                               $61.00                               $61.00
       Journey Man Carpenter                   60.00                               60.00
       Iron Worker                             65.00                               65.00
       Laborer                                 53.75                               53.75
       Equipped Field Truck                    18.00                               18.00
       15 Cu. Yd. Dump Truck                   60.00                               60.00
       15,000 lb. Crawler Dozer                95.00                               95.00
       30,000 lb. 3 yd. Wheeled Loader         95.00                               95.00
       45,000 lb. Excavator w/ Thumb         125.00                               125.00
       Bid to be used within budgeted funds for a given year.
       NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a
renewal agreement with Silverline Construction effective October 1, 2005 through September 30, 2006: funding
available in the 2005/2006 budget; subject to the approval of the Schuyler County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 306 Motion by Bingell, Second by Yuhasz.
                                      PROCEEDINGS OF THE YEAR 2005                                        193
RE: AUTHORIZE CONTRACT EXTENSION WITH SIMONSEN ENTERPRISES FOR DEER
        CARCASS REMOVAL – HIGHWAY DEPARTMENT
        WHEREAS, the Highway Superintendent and the Public Works Committee agree to exercise an
available one-year contract renewal for the Deer Carcass Removal, and
        WHEREAS, Simonsen Enterprises has agreed to extend the original agreement at the original bid price
of $27.50 for each removal.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign a renewal agreement with Simonsen Enterprises effective January 1, 2006 through December 31, 2007;
funding available in the 2006 budget account no. 5110.400; subject to the approval of the Schuyler County
Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 307 Motion by Bingell, Second by Yuhasz.
RE: ABANDON COUNTY OWNED BRIDGE IN ORDER TO CONVEY IT TO THE VILLAGE OF
        BURDETT – HIGHWAY DEPARTMENT
        WHEREAS, the county-owned bridge on Tug Hollow Road in the Village of Burdett, BIN #3332530,
has been rendered obsolete and surplus to county needs and is restricted to pedestrian traffic, and
        WHEREAS, by Resolution dated March 18, 2003, the Village of Burdett agreed to accept ownership
thereof upon completion of repairs, such repairs having since been completed.
        NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler hereby abandons said bridge
and conveys the same to the Village of Burdett, and
        BE IT FURTHER RESOLVED, that a certified copy hereof be recorded with the Schuyler County
Clerk’s Office and filed with the Village of Burdett Clerk on notice to the Village Board.
Vote: Passed 8-0.
RESOLUTION NO. 308 Motion by Bingell, Second by Yuhasz.
RE: ACCEPT/REJECT BIDS FOR FIVE-YEAR CONTRACT FOR ELEVATOR REPAIR,
        MAINTENANCE AND TESTING – BUILDINGS AND GROUNDS
        WHEREAS, the Public Works Committee accepted requests for proposals for elevator repair,
maintenance and testing services, and
        WHEREAS, said requests were received and opened on September 2, 2005 in the Legislative Office,
and
        WHEREAS, the Building Maintenance Supervisor recommends acceptance of the lowest quote from
Schindler Elevator Service Company.
        NOW, THEREFORE, BE IT RESOLVED, that the low quote of $28,670.00 from Schindler Elevator
Service Company be accepted, and
        BE IT FURTHER RESOLVED, that the following quotes be rejected:
               Thyssenkrupp Elevator Corp. $31,548.00
               The Elevator Guild             $58,265.90
               Downey-Goodlein Elevator $64,444.80
               Otis Elevator Company          $44,847.15, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract
with Schindler Elevator Service Company for the Buildings and Grounds Department for elevator repair,
maintenance and testing for the term January 1, 2006 through December 31, 2010, funding available in the 2006
Buildings and Grounds budget account no. 1620.400; subject to approval by the Schuyler County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 309 Motion by Larison, Second by Bingell.
RE: DECLARE PROPERTY SURPLUS IN THE TOWN OF HECTOR – BUILDINGS AND GROUNDS
        WHEREAS, the County of Schuyler is the owner in fee of 1,806 feet of the Taughannock Creek stream
channel and a certain section of 2,086 feet of abandoned highway in the vicinity of Buck Hill Road and State
Route 228 near the Tompkins County line, and
        WHEREAS, the creek is undermining an adjoining owner’s property, and
194                                   SCHUYLER COUNTY LEGISLATURE
        WHEREAS, the abandoned highway is of no use whatever to the county and constitutes a potential
continuing liability, and
        WHEREAS, the Highway Law allows for the sale without bids to the highway adjoiners, and
        WHEREAS, County Law §215 requires that the other lands herein (stream channel) can be sold only by
legislative declaration of surplus and public advertising and bids, and
        WHEREAS, it would be in the interest of all affected parties, both public and private, to resolve these
issues by sale of the lands in question.
        NOW, THEREFORE, BE IT RESOLVED:
        1. That the Schuyler County Legislature, 2/3 of the members concurring, hereby declares surplus and
            excess to county needs those abandoned highway and stream channel lands above-mentioned, as
            described on attachments A, B, D1-7 and H hereto surplus and excess to county needs and to be sold
            in accordance with the relevant laws appertaining thereto, and
        2. That all county officials required or needed to participate in the process of conveyances are hereby
            authorized to proceed and carry out their respective functions to this end, and
        3. The Schuyler County Attorney be authorized to take all steps legally necessary to effect such
            conveyances, and
        4. That the Chairman of the Schuyler County Legislature is authorized to execute all documents
            necessary to the process above-described, and
        5. That a certified copy of this resolution be filed with the Town Clerk of the Town of Hector and the
            Schuyler County Clerk.
        Vote: Passed 8-0.
RESOLUTION NO. 310 Motion by Larison, Second by Bingell.
RE: AMEND RESOLUTION NO. 66-05 TITLED “APPOINTMENTS TO BARGAINING UNIT
        COMMITTEES”
        WHEREAS, Resolution No. 66-05 authorized appointments to the Bargaining Unit Committees,
consisting of the Legislative Chairman, appropriate Committee Chairman and Clerk of the Legislature, and
        WHEREAS, the administrative structure within the county has since changed.
        NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 66-05 be amended to read as follows:
                                     BARGAINING UNIT COMMITTEES
                  County Administrator and Human Resources Director – Co-Chief Negotiators
                                    Appropriate Jurisdictional Committee Chairs
Vote: Passed 8-0.
RESOLUTION NO. 311 Motion by Larison, Second by Bingell.
RE: AUTHORIZE TEMPORARY EASMENT AGREEMENT WITH JEFFREY DUNCAN – BUILDINGS
        AND GROUNDS
        WHEREAS, the County of Schuyler is the owner of some 1,806 feet of Taughannock Creek in the Town
of Hector ending at the Tompkins County line, and
        WHEREAS, Jeffrey Duncan owns premises adjacent to said stream (Tax Parcel 48.311), and
        WHEREAS, stream bank erosion is undermining Mr. Duncan’s garage, and
        WHEREAS, the county wishes to grant the affected landowner a gratuitous temporary easement and
license agreement for the purpose of allowing a contractor engaged by the landowner to repair the stream bank,
and
        WHEREAS, the Schuyler County Soil & Water Conservation District is working with Mr. Duncan to
design and acquire all permits to repair the eroded stream bank.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign the Temporary Easement; subject to the approval of the Schuyler County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 312 Motion by Bingell, Second by Larison.
RE: AUTHORIZE PARTICIPATION IN THE SCHUYLER COUNTY COUNCIL OF GOVERNMENTS
        WHEREAS, a Schuyler County Council of Governments comprised of Schuyler County’s Chief Elected
Officials and Chief School Officers has been established, and
                                       PROCEEDINGS OF THE YEAR 2005                                             193
        WHEREAS, said council has developed by-laws as a means to determine both mission and function of
the organization.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby accept the
by-Laws of the Council of Governments attached and on file in the Legislative Office, and
        BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby authorize
participation in the Schuyler County Council of Governments.
Vote: Passed 8-0.
RESOLUTION NO. 313 Motion by Bingell, Second by Larison.
RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, EXTENDING THE
        ADDITIONAL RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY
        AND ON CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS, AMUSEMENT
        CHARGES AND CLUB DUES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE
        OF NEW YORK AND EXEMPTING CERTAIN RESIDENTIAL ENERGY SOURCES AND
        SERVICES FROM SUCH ADDITIONAL RATE OF TAX
        Be it enacted by the Legislature of the county of Schuyler, as follows:
        SECTION 1. The first sentence of section two of Resolution No. 140 as enacted November 27, 1967, as
amended, is amended to read as follows:
        SECTION 2. Imposition of sales tax.
        On and after March 1, 1968, there is hereby imposed and there shall be paid a tax of three percent upon,
and for the period commencing March 1, 2000, and ending November 30, 2007, 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, 2007, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply,
except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an
effective date shall be read as referring to March 1, 2000, all references in said subdivision (a) to the date four
months prior to the effective date shall be read as referring to November 1, 1999, and the reference in
subdivision (b) to the date immediately preceding the effective date shall be read as referring to February 29,
2000. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to March 1, 2000, any
transaction which may not be subject to the additional tax imposed effective on that date.
        SECTION 3. Section four of Resolution No. 140 as enacted November 27, 1967, as amended, is
amended to read as follows:
        SECTION 4. Imposition of compensating use tax.
(a) Except to the extent that property or services have already been or will be subject to the sales tax under this
enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and
after March 1, 2000, except as otherwise exempted under this enactment, (A) of any tangible personal property
purchased at retail, (B) of any tangible personal property (other than computer software used by the author or
other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible
personal property are offered for sale by him in the regular course of business or (ii) if items are used as such or
incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting
structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or
repairing real property, property or land, as the terms real property, property or land are defined in the real
property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or
repairman or other user in the regular course of business, (C) of any of the services described in paragraphs (1),
(7) and (8) of subdivision (c) of section two, (D) of any tangible personal property, however acquired, where
not acquired for purposes of resale, upon which any of the services described under paragraphs (2), (3) and (7)
of subdivision (c) of section two have been performed, (E) of any telephone answering service described in
subdivision (b) of section two and (F) of any computer software written or otherwise created by the user if the
user offers software of a similar kind for sale as such or as a component part of other property in the regular
194                                     SCHUYLER COUNTY LEGISLATURE
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, 2007, the tax shall be at the rate of four percent, and on and after December 1,
2007, 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, 2007, the tax shall be at the rate of four percent, and on
and after December 1, 2007, 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, 2007, the tax shall be at the rate of four percent, and on
and after December 1, 2007, the tax shall be at the rate of three percent, of the consideration given or contracted
to be given for the tangible personal property manufactured, processed or assembled into the tangible personal
property the use of which is subject to tax, including any charges for shipping or delivery as described in
paragraph three of subdivision (b) of section one.
        (e) Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision
(a) of this section, there shall be no tax on any portion of such price which represents the value added by the
user to tangible personal property which he fabricates and installs to the specifications of an addition or capital
improvement to real property, property or land, as the terms real property, property or land are defined in the
real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such
tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor
who similarly fabricated and installed such tangible personal property to the specifications of an addition or
capital improvement to such real property, property or land.
        (f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing
March 1, 2000, and ending November 30, 2007, the tax shall be at the rate of four percent, and on and after
December 1, 2007, 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, 2007, the tax shall be at the rate of four percent, and on and after December 1,
2007, 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, 2007, the tax shall be at the rate of four percent, and on and after December 1,
2007, 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
                                        PROCEEDINGS OF THE YEAR 2005                                            193
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, 2007, the tax shall be at the rate of four percent, and on and after December 1, 2007,
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, 2007.
        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, 2007, 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, 2007, are set aside for County
purposes and shall be available for any County purpose.
        SECTION 7. This enactment shall take effect on December 1, 2005.
Vote: Passed 8-0.
RESOLUTION NO. 314 Motion by Bingell, Second by Larison.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE PURCHASING SPECIALIST –
        TREASURER’S OFFICE
        BE IT RESOLVED, that this Legislature acknowledge the appointment by Margaret Starbuck, County
Treasurer, of Jamee L. Mack as Purchasing Specialist, effective September 19, 2005, to be placed in Grade D of
the Management/Confidential Salary Plan at an annual salary of $34,000.
Vote: Passed 8-0.
RESOLUTION NO. 315 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE TRANSFER OF FUNDS FOR BUILDING REPAIRS - COMMUNITY SERVICES
        BOARD
        WHEREAS, Resolution 482-98 established a Community Services Board reserve account to cover
expenses related to major projects and repairs at the Mill Creek Center building, and
        WHEREAS, major repairs have recently taken place at the Mill Creek Center building involving
replacement of a compressor and repairs to the cooling system, and
        WHEREAS, the bills for these repairs should be paid from the community Services Board reserve
account.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer $4,804.00 from the community Services Board reserve account into account no. 4310.426-Maintenance
of Equipment for repairs at the Mill Creek Center building.
Vote: Passed 8-0.
RESOLUTION NO. 316 Motion by Larison, Second by Bleiler.
194                                   SCHUYLER COUNTY LEGISLATURE
RE:     ADOPT EMPLOYEE PARKING DIRECTIVE – COUNTY ADMINSTRATOR
        WHEREAS, the Schuyler County Administrator has issued parking directive for employee parking at
the county complex lot, and
        WHEREAS, the Legislature wishes to reinforce the Administrator’s authority in this regard.
        NOW, THEREFORE, BE IT RESOLVED, that in accordance with County Law §215, the Schuyler
County Legislature hereby adopts, endorses, and further enacts the parking directive promulgated by the
Schuyler County Administrator in a memo dated August 31, 2005, effective September 6, 2005, in the form
hereunto annexed, and
        BE IT FURTHER RESOLVED, that said memo be and hereby is incorporated by reference into this
resolution as follows:
        “effective September 6th, the following changes will take effect:
     No County employee will be permitted to occupy a parking space designated Visitor with either
        their personal vehicle or a County owned vehicle. This parking restriction applies to parking areas
        that are associated with an employee’s assigned place of work, during such time that the employee
        is working.”
DISCUSSION: Legislative Larison said his sympathies are with the employees and their concerns. Legislator
Bingell was concerned about walking from the State Park lot could cause a hardship for some employees. She
said she also questioned whether Administrator O'Hearn should have issued the directive without discussing the
matter with the labor bargaining units representing county workers.
Vote: Passed 7-1. Bingell.
RESOLUTION NO. 317 Motion by Larison, Second by Bingell.
RE: APPOINTMENT – SCHUYLER COUNTY COUNCIL OF GOVERNMENTS
        WHEREAS, the Chairman of the Legislature wishes to appoint Legislator Dennis A. Fagan to the
Schuyler County Council of Governments.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves of the
Chairman’s appointment of Legislator Dennis A. Fagan to the above named council as an at-large member of
the Schuyler County Legislature effective immediately.
Vote: Passed 8-0.
RESOLUTION NO. 318 Motion by Slusser , Second by Yuhasz.
RE: MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR
        BE IT RESOLVED, that one (1) Resolution be brought the floor.
Vote: Passed 8-0.
RESOLUTION NO. 319 Motion by Larison, Second by Bingell.
RE: AUTHORIZE GRANT APPLICATION WITH STATE EMERGENCY MANAGEMENT OFFICE
        WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for
assistance under the Federal Emergency Planning and Community Right to Know Act for 2005-2006 (FFY05)
and
        WHEREAS, this grant provides matching funds for certain personnel and administrative expenses
associated with our local emergency management program, and
        WHEREAS, the tentative FFY05 allocation for Schuyler County under this planning program is $2,000.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all documents relative to the aforementioned grant funds with the State Emergency Management
Office, said documents subject to approval by the Schuyler County Attorney.
Vote: Passed 8-0.
NEW BUSINESS:
        Legislator Karius reminded everyone to go out and vote at the upcoming Primary Election.
        Legislator Bleiler wanted to discuss an Office of the Aging relocation project idea, and the possibility of
using the OFA building for a location for Records Management, rather than in a pole barn, if OFA was
relocated. He also wanted to know if a plan could be created for the Jamesway building for the integration of
Records Management. Legislator Slusser asked where OFA is going? Legislator Bleiler said he does not know
                                        PROCEEDINGS OF THE YEAR 2005                                            193
yet, it was just an idea. Legislator Fagan stated that there are safety concern in both places. Chairman Gifford
stated there is a meeting tomorrow and it can be discussed at that time.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
         Legislator Larison reported on the Public Safety/Criminal Justice Committee. He informed the public
and legislators that he recently attended an Inter-County Meeting in Steuben County and was invited to tour
their 911 center. He is now going to tour Schuyler’s 911 Center. He invited everyone next Tuesday after the
committee meeting to join the tour if they have not seen the 911 Center in Schuyler yet.
         Administrator O’Hearn reported on the HAVA meeting, which is set up for Schuyler’s public to attend.
They hope to review voting machines next Thursday. The time is to be determined. All public is invited,
especially people with disabilities. He attended a meeting in Chemung County and was told the State’s plan
will secure them, but budget considerations are a factor yet. Hopefully, there will be more information coming
on this soon. He also reported on the NYSAC Meeting in Albany that he attended today in reference to tobacco
funding. He is waiting to hear the dollar amounts to be designated to Schuyler. This will be related to Bond
notes. It may significantly increase revenues for Schuyler, but will go towards paying down debt with the
money. It will be more than anticipated and the committee will need to move forward with structuring. There
are several important upcoming deadlines in order to move on this. This will be in excess of a million dollars
and hopefully by tomorrow he should know the dollar amount that the County will be receiving. Legislator
Slusser asked if the county is eligible to receive the funds. Administrator O’Hearn said yes. Attorney Coleman
said it is looking better and better, in regards to the amount. Administrator O’Hearn explained that the longer
the period is extended, the better the revenue will be. All surrounding area Counties in the fourth round are
higher than anticipated and their funds are ear marked for a capital commitment that goes out as far as twenty
years.
         MOTION by Legislator Bleiler to move forward with the structuring of the Tobacco Funds, SECOND
by Legislator Larison. Motion carried eight ayes to zero noes.
COUNTY ADMINISTRATOR’S REPORT: Nothing else significant to report.
PUBLIC PARTICIPATION:
         Kathy Walruth, Schuyler County Records Manager, commented on the suggestion of moving her office
to the Office of the Aging building. She disagrees with the idea. She invited all Legislatures to visit her storage
areas. She stated that the Office of the Aging building floor will not hold the weight of the heavy records either.
         Sue Brill welcomed Sharlene Parker as the new Deputy County Clerk of the Legislature.
         Donna Kelly, a Village of Montour Falls trustee, wanted to say thank you to Administrator O’Hearn for
sending the Hurricane Katrina relief notice out to employees. She informed the public and legislators that
everyone is welcome to join in donations to fill a fifty-three foot trailer with relief items. They have two
volunteer drivers taking vacation time to drive this truck down south. They will need money for feeding the
drivers and getting fuel for the truck, so making monetary donations is okay also. The Clerk of the Legislature
inquired about the donation of clothing. Donna said personal care items and sanitation products such as hand
sanitizing liquid, etc. are more important at this time. Also, there is a list of suggested items available and a
phone number for contacting her for more information.
         The Meeting adjourned at 7:13 p.m.
                 Stacy B. Husted, Clerk
                 Sharlene A. Parker, Deputy Clerk

                                            REGULAR MEETING
                                             OCTOBER 11, 2005

       The October 11, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment
of Silence. All Legislators were present. County Attorney Coleman and County Administrator Timothy
O’Hearn, were also present.
PUBLIC PARTICIPATION: None.
194                                     SCHUYLER COUNTY LEGISLATURE
RESOLUTION NO. 320 Motion by Bingell, Second by Larison.
RE: APPROVE MINUTES OF THE SEPTEMBER 12, 2005 REGULAR MEETING OF THE SCHUYLER
        COUNTY LEGISLATURE
        BE IT RESOLVED, that minutes of the August 8, 2005 Regular Meeting of the Schuyler County
Legislature be approved.
Vote: Passed 8-0.
RESOLUTION NO. 321 Motion by Yuhasz, Second by Bingell.
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 and application under theses 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 if 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 Sate
            Department of the Environmental Conservation, Albany, New York 12233-7253, together with ONE
            complete application.
        5. That this resolution shall take effect immediately.
Vote: Passed 8-0.
RESOLUTION NO. 322 Motion by Yuhasz, Second by Bingell.
RE: RECOGNIZE NOVEMBER 2005 AS NATIONAL DIABETES MONTH - PUBLIC HEALTH
        WHEREAS, more than 18 million Americans have diabetes and another 41 million Americans are at risk
of developing diabetes, and
        WHEREAS, the key to early diagnosis and treatment, as well as prevention of diabetes and its
complications, is awareness and education, and
        WHEREAS, diabetes is the fifth-leading cause of death by disease in the United States, and
        WHEREAS, the symptoms of diabetes include frequent urination, excessive thirst, extreme hunger, unusual
weight loss, increased fatigue, irritability and blurry vision.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature recognizes November 2005 as National
Diabetes Month and encourages all residents to be aware of the symptoms of diabetes.
Vote: Passed 8-0.
RESOLUTION NO. 323 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT WITH DENISE ROSS, DVM FOR VETERINARY SERVICES FOR 2005
        – PUBLIC HEALTH
        WHEREAS, the Public Health Department is required to provide rabies vaccination clinics and staff
such clinics with qualified personnel, and
        WHEREAS, Dr. Denise Ross is an established veterinarian qualified to provide services at the
vaccination clinics.
        NOW, THEREFORE BE IT RESOLVED, that the Chair of the Legislature be hereby authorized to
                                       PROCEEDINGS OF THE YEAR 2005                                      193
execute an agreement with Dr. Denise Ross for the provision of veterinary services at the rabies vaccination
clinics for the period August 1, 2005 through December 31, 2005, at the hourly rate of $25.00, such amount
provided for in the 2005 Public Health budget, account no. 4042.435, subject to approval by the Schuyler
County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 324 Motion by Yuhasz, Second by Bingell.
RE: ESTABLISH 2005-2006 EARLY INTERVENTION / CHILDREN WITH SPECIAL HEALTH CARE
        NEEDS GRANT – PUBLIC HEALTH
        WHEREAS, Schuyler County’s annual Early Intervention / Children with Special Health Care Needs
grant will be $46,678 for the period October 1, 2005 through September 30, 2006.
        NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
establish the 2005-2006 Early Intervention/Children with Special Health Care Needs Grant Budget as follows:
        AMOUNT                 ACCOUNT NO.                     DESCRIPTION
        $ 24,156               4010.100-4012                   PERSONNEL
        $ 8,358                4010.489-4012                   FRINGE BENEFITS
        $ 9,164                4010.400-4012                   CONTRACTUAL
        $ 5,000                4010.446-4012                   MAINTENANCE IN LIEU OF RENT
        $ 46,678               4010-4451-4012                  REVENUE, and
        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.
Vote: Passed 8-0.
RESOLUTION NO. 325 Motion by Yuhasz, Second by Bingell.
RE: RENEW AGREEMENT WITH HEALTH RESEARCH INC. AND ESTABLISH 2005-2006
        BIOTERRORISM GRANT – PUBLIC HEALTH
        WHEREAS, Schuyler County’s annual Bioterrorism grant will be $75,000 for the period August 31,
2005 through August 30, 2006, and
        WHEREAS, Health Research Inc. will administer the grant on behalf of the New York State Dept. of
Health for the period August 31, 2005 through August 30, 2006.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
establish the 2005-2006 Bioterrorism Grant Budget as follows:

        AMOUNT                 ACCOUNT NO.                    DESCRIPTION
        $ 4,031                4010.100-4030                  PERSONNEL
        $ 1,399                4010.489-4030                  FRINGE BENEFITS
        $ 16,000               4010.200-4030                  EQUIPMENT
        $ 53,570               4010.400-4030                  CONTRACTUAL
        $ 75,000               4010-4401-4030                 REVENUE, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any
and all documents relative to this grant, subject to the approval of the Schuyler County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 326 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY YOUTH BUREAU FOR THE
        EARLY INTERVENTION PROGRAM – PUBLIC HEALTH
        WHEREAS, the Schuyler County Health Department is responsible for the Early Intervention Program,
and
        WHEREAS, the Schuyler County Health Department receives funding from the New York State
Department of Health for the administration of this program, and
        WHEREAS, the Schuyler County Youth Bureau, through its Families First program, has agreed to
provide some of the administrative services and coordination.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with the Schuyler County Youth Bureau, effective October 1, 2005 through September
194                                  SCHUYLER COUNTY LEGISLATURE
30, 2006, at an amount not to exceed $7,500, funds available in the Public Health budget, account no. 4010.400-
4012, with no local share cost, subject to approval by the Schuyler County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 327 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH ARNOT OGDEN MEDICAL CENTER FOR EARLY
        INTERVENTION SERVICES – PUBLIC HEALTH
        WHEREAS, the Public Health Department is required to provide Early Intervention services for
children, and
        WHEREAS, Arnot Ogden Medical Center is approved as a provider of core and supplemental
evaluation services and facility-based individual/collateral services for Early Intervention recipients, and
        WHEREAS, rates paid for Early Intervention services provided under this agreement are set by the New
York State Department of Health and are not subject to negotiation.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter in to an agreement with Arnot Ogden Medical Center for Early Intervention services, effective October 1,
2005 at rates established by the New York State Department of Health, funds available in the Public Health
budget, account no. 4054.490, subject to the approval of the County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 328 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH SKYCASTERS INC. FOR SATELLITE INTERNET SERVICE
        FOR 2005 - 2006 - PUBLIC HEALTH
        WHEREAS, the New York State Department of Health requires, as part of the local bioterrorism
preparedness plan, that the local Public Health Departments have in place a secondary source of internet access
to be used in the case of emergencies where the primary source of internet access is interrupted, and
        WHEREAS, in the past the New York State Department of Health has provided the secondary internet
access but has transferred the responsibility to the local Health Departments effective September 1, 2005, and
        WHEREAS, Skycasters, Inc. has been the provider of the secondary internet access for Schuyler County
under its contract with the New York State Department of Health.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter in to an agreement with Skycasters, Inc. for satellite internet service, at an annual cost not to exceed
$3,500, funds available in the 2005-06 Bioterrorism grant budget, account no. 4010.400-4030, with no local
share cost, for the term September 1, 2005 through August 31, 2006, subject to the approval of the County
Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 329 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT RENEWAL WITH HUMAN SERVICE DEVELOPMENT FOR
        EMERGENCY (BIOTERRORISM) PLANNING – PUBLIC HEALTH
        WHEREAS, bioterrorism planning continues to be required by the New York State Department of
Health, and
        WHEREAS, Human Service Development is able to provide emergency planning services in
conjunction with Department of Health requirements.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract renewal with Human Service Development for the provision of emergency planning
coordination services at an amount not to exceed $27,500, effective September 1, 2005 through August 31,
2006, funds available in the Public Health Bioterrorism Grant budget, account no. 4010.400-4030, with no local
share cost, subject to approval by the Schuyler County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 330 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE APPLICATION TO THE NEW YORK STATE OFFICE OF HOMELAND SECURITY
        FOR BUFFER ZONE PROTECTION PROGRAM – SHERIFF’S DEPARTMENT
        WHEREAS, it has been determined by the Sheriff of Schuyler County and other state law enforcement
officials that the Watkins Glen International Racetrack is the largest sporting event in the State of New York,
                                     PROCEEDINGS OF THE YEAR 2005                                           193
and
        WHEREAS, it is necessary to have extra security measures in place at the racetrack, and
        WHEREAS, a grant of $37,675, with no local match, has been made available to the Schuyler County
Sheriff’s Department for a buffer zone protection area outside of the racetrack for equipment and supplies for
additional protection.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is
authorized to sign an application and contract to receive $37,675 in funds, with a term of April 1, 2005 through
March 31, 2006, subject to approval by the Schuyler County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 331 Motion by Yuhasz, Second by Bingell.
RE: AMEND RESOLUTION NO. 59-04 TITLED “AUTHORIZE FILLING VACANT CRIME VICTIM
        SERVICES         COORDINATOR              POSITION       IN      THE       DISTRICT      ATTORNEY’S
        OFFICE”/AUTHORIZE CHANGE IN HOURS FOR CRIME VICTIM SERVICES COORDINATOR
        POSITION – DISTRICT ATTORNEY’S OFFICE
        WHEREAS, Resolution No. 59-04 authorized filling the vacant Crime Victim Services Coordinator
position funded by the New York State Crime Victims Board grant until September 30, 2004, and
        WHEREAS, the Resolution should have said it is understood that said position will terminate upon
cessation of grant funding, and
        WHEREAS, said grant now also requires the position to work 20 hours a week instead of 19 hours a
week.
        NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 59-04 be hereby amended to have the
last paragraph read as follows:
        “NOW, THEREFORE, BE IT RESOLVED, the District Attorney be authorized to fill the vacant Crime
Victim Services Coordinator position to work 19 hours a week, effective February 2, 2004 in grade level XXI,
at an hourly rate of $14.71, said position will terminate upon cessation of grant funding.”, and
        BE IT FURTHER RESOLVED, that this Legislature hereby authorizes an increase in the hours worked
by the Crime Victim Services Coordinator position from 19 hours a week to 20 hours a week, effective October
12, 2005.
Vote: Passed 8-0.

RESOLUTION NO. 332 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE APPLICATION FOR 2005/2006 STEPS/ROAD TO RECOVERY GRANT – DISTRICT
        ATTORNEY
        WHEREAS, the New York State Division of Criminal Justice Services has grant funding available for
the purpose of assisting the Schuyler County District Attorney’s Office in rehabilitating certain second felony
offenders as an alternative to incarceration, and
        WHEREAS, the Schuyler County District Attorney’s Office may look at the possibility of filing a joint
application with another County.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County
District Attorney to submit a grant application for 2005/2006 Steps/Road to Recovery Grant, for a maximum
amount of $203,000, said documents subject to approval of the Schuyler County Attorney and Schuyler County
Administrator’s review.
Vote: Passed 8-0.
RESOLUTION NO. 333 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR A MOBILE COMMAND/911 TRAILER –
        EMERGENCY MANAGEMENT
        WHEREAS, the Office of Emergency Management is in receipt of Expedited Deployment Funding in
the amount of $163,000 through the New York State 911 Board which allows for the purchase of a Mobile
Command/911 Trailer, and
        WHEREAS, in accordance with Section 103 of the General Municipal Law, all purchase contracts
involving an expenditure of more than $10,000 shall be awarded to the lowest responsible bidder after
194                                   SCHUYLER COUNTY LEGISLATURE
advertising for sealed bids in the manner provided by this section. (Bid specs and advertising will be reviewed
by the County Attorney’s Office and County Administrator prior to publication.)
        NOW, THEREFORE, BE IT RESOLVED, that the Emergency Management Coordinator be hereby
authorized to advertise for bids for a Mobile Command/911 Trailer.
Vote: Passed 8-0.
RESOLUTION NO. 334 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE TRANSFER OF FUNDS TO PURCHASE A MOBILE COMMAND/911 TRAILER –
        EMERGENCY MANAGEMENT
        WHEREAS, Resolution No. 492-04 authorized a grant application for Expedited Deployment Funding
through the New York State 911 Board, and
        WHEREAS, Schuyler County applied for and has received a grant in the amount of $163,000, of which
the County’s match is 10%, and
        WHEREAS, funds are available in the 911 reserve account to be used for the County’s portion of said
project.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
transfer $16,300 from the E-911 Reserve account A883 to account no. 3020.299-3021-Equipment (Trailer), to
meet the 10% match requirement.
Vote: Passed 8-0.
RESOLUTION NO. 335 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE APPLICATION FOR REIMBURSEMENT OF ELIGIBLE COSTS ASSOCIATED
        WITH WIRELESS 911 SERVICES – EMERGENCY MANAGEMENT
        WHEREAS, the Department of State has determined counties money for the Wireless 911 Program, and
eligible reimbursement for Schuyler County is in the amount of $11,397.00 for State Fiscal Years 2005-2006
budget for costs incurred between April 1, 2005 through March 31, 2008 and
        WHEREAS, the Emergency Management Office wishes to apply for said funds.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all documents relative to the Wireless E-911 Program; subject to the approval of the Schuyler
County Attorney.
Vote: Passed 8-0.

RESOLUTION NO. 336 Motion by Yuhasz, Second by Bingell.
RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, PROVIDING
         EXEMPTIONS FROM SALES AND COMPENSATING USE TAXES FOR RECEIPTS FROM
         SALES OF, AND CONSIDERATION GIVEN OR CONTRACTED TO BE GIVEN FOR, OR FOR
         THE USE OF, PROPERTY AND SERVICES EXEMPT FROM STATE SALES AND
         COMPENSATING USE TAXES PURSUANT TO SUBDIVISION (EE) OF SECTION 1115 OF THE
         NEW YORK TAX LAW, PURSUANT TO THE AUTHORITY OF ARTICLE 29 OF THE TAX LAW
         OF THE STATE OF NEW YORK
         Be it enacted by the Legislature of the county of Schuyler, as follows:
         SECTION 1. Section six of Resolution No. 140, of November 27, 1967, as amended, is amended by
adding a new subdivision (m) to read as follows:
         (m) Receipts from sales of and consideration given or contracted to be given for, or for the use of,
property and services exempt from state sales and compensating use taxes pursuant to subdivision (ee) of
section 1115 of the New York Tax Law shall also be exempt from sales and compensating use taxes imposed in
this jurisdiction.
         SECTION 2. This resolution shall take effect March 1, 2006, and shall apply to sales made, services
rendered and uses occurring on and after that date in accordance with the applicable transitional provisions in
sections 1106, 1216 and 1217 of the New York Tax Law.
Vote: Passed 8-0.
RESOLUTION NO. 337 Motion by Yuhasz, Second by Bingell.
                                       PROCEEDINGS OF THE YEAR 2005                                          193
RE: AUTHORIZE THE ESTABLISHED INTERNAL REVENUE SERVICE (IRS) PREVAILING RATE
        FOR MILEAGE TO BE PAID TO ALL VOLUNTEERS PROVIDING TRANSPORTATION ON
        BEHALF OF COUNTY DEPARTMENTS
        WHEREAS, with respect to the high price of fuel, the Management & Finance Committee members
recommend all volunteers providing transportation on behalf of County Departments be paid a higher mileage
rate reimbursement.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes all
volunteers providing transportation on behalf of County Departments, to be paid the established IRS prevailing
rate for mileage effective immediately through December 31, 2005.
Vote: Passed 8-0.
RESOLUTION NO. 338 Motion by Yuhasz, Second by Bingell.
RE: RESOLUTION AUTHORIZING APPLICATION FOR A REAL PROPERTY TAX
        ADMINISTRATION TECHNOLOGY IMPROVEMENT GRANT – REAL PROPERTY
        WHEREAS, the New York State Office of Real Property Services has announced the availability of
Real Property Tax Administration Technology Improvement Program (RPTATIP) grants for projects to
implement technology and other projects that improve property tax administration and taxpayer access to
assessment-related data, and
        WHEREAS, the application period will extend from October through December of this year, and
        WHEREAS, up to 100 grants are expected to be made in the first year of the RPTATIP program, with
 the following maximum amounts of individual grants for local projects:
         $30,000 for projects to provide taxpayers with internet access to assessments, comparable sales,
            parcel characteristics and other related information;
         $110,000 for multi-purpose online parcel-related applications that promote the integration and use of
            parcel data among multiple levels of government;
         $200,000 for feasibility/pilot studies to assess the viability of projects to advance assessment equity
            and/or promote the intergovernmental use of parcel data; and
         $400,000 for implementation projects based on the findings of the feasibility/pilot studies noted
            above.
        NOW, THEREFORE, BE IT RESOLVED, that the Director of the Real Property Tax Service Agency is
hereby authorized to apply for a RPTATIP grant to develop an online application promoting the integration and
use of parcel data among multiple levels of government, as well as providing taxpayer access to real property
information over the internet.
Vote: Passed 8-0.
RESOLUTION NO. 339 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE MAINTENANCE AGREEMENT RENEWAL WITH EMERGENCY POWER
        SYSTEMS, INC. – BUILDINGS AND GROUNDS
        WHEREAS, Schuyler County has three generators, one at Terry Hill, one at the Dispatch Center and
one at the County Highway Department and this equipment needs to be maintained for the safety of the citizens
of the county, and
        WHEREAS, funding for the generator maintenance is as follows:
                ACCOUNT NO.            DESCRIPTION            AMOUNT
                5131.457               Shared Fuel Facility $510.00
                3689.435               Terry Hill Tower        $510.00
                1620.400               911 Center              $575.00
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into a maintenance agreement with Emergency Powers Systems, Inc. to provide maintenance and service
for three generators, for the period of January 1, 2006 to December 31, 2006, at a total cost of $1,595.00;
subject to approval of the Schuyler County Attorney and the review of the County Administrator.
Vote: Passed 8-0.
RESOLUTION NO. 340 Motion by Yuhasz, Second by Bingell.
194                                 SCHUYLER COUNTY LEGISLATURE
RE:     AUTHORIZE MAINTENANCE AGREEMENT RENEWAL WITH BOUILLE ELECTRIC INC. –
        BUILDINGS AND GROUNDS
        WHEREAS, Schuyler County has an uninterrupted power source (UPS), which includes generators that
need to be maintained to provide 24/7 emergency communications, and
        WHEREAS, funding for the testing and maintenance of UPS and generator systems is as follows:
        ACCOUNT NO.           DESCRIPTION                   AMOUNT
        1620.400              911 Center Generator          $482.00
        5131.457              Highway Generator             $482.00
        3689.435              Terry Hill Generator          $482.00
        3689.435              911 Center UPS                $1696.00.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into a maintenance agreement with Bouille Electric, Inc. to provide maintenance and service for the period
of January 1, 2006 to December 31, 2006 at a total cost of $3,142.00; subject to the approval of the Schuyler
County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 341 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT RENEWAL WITH ALL-MODE COMMUNICATIONS FOR
        TELEPHONE SYSTEM MAINTENANCE AND SERVICE – BUILDINGS AND GROUNDS
        WHEREAS, it is important to protect the telephone system investment with appropriate service and
maintenance, and All-Mode Communications provides technical support and warranty replacement guarantees
for Schuyler Counties telephone systems, and All-Mode has provided this service in the past, and
        WHEREAS, an additional contract has been added to cover the Equipment at the Rural Urban Center,
and
        WHEREAS, the cost of these services is as follows:
                                             SERVICE AND                    BUSINESS DAY –
           LOCATION                          SUPPORT PLAN                   MONTHLY RATE
           County Office Complex             Premium Economy                $656.50

          Rural Urban Center                 Service and Support Plan       $59.00
          (Youth Bureau, Families First,
          and Watershed)

        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign a renewal contract with All Mode Communications for to provide service and support for the county
telephone system for the period of January 1, 2006 through December 31, 2006, at a total cost of $8,586.00,
funding available in account no. 1610.400; subject to approval of the Schuyler County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 342 Motion by Yuhasz, Second by Bingell.
RE: AMEND RESOLUTION NO. 27-05 TITLED “SET POLICY FOR FACILITIES AND GROUNDS
        CAPITAL RESERVE” – BUILDINGS AND GROUNDS
        WHEREAS, the Building Maintenance Supervisor has capital projects to be funded by the 2006 capital
reserve account, and
        WHEREAS, Resolution No. 27-05 established and set the policy for the Facilities and Grounds Capital
Reserve with a Facilities Capital Plan specifically naming projects to be funded from the reserve each year, and
        WHEREAS, naming specific projects prohibits other projects from being funded if there were to be an
emergency or a higher priority.
        NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 27-05 be amended to remove the list of
projects by year with estimated costs from the Facilities Capital Plan.
Vote: Passed 8-0.
RESOLUTION NO. 343 Motion by Yuhasz, Second by Bingell.
                                       PROCEEDINGS OF THE YEAR 2005                                         193
RE: AUTHORIZE AGREEMENT WITH NYSEG AT THE GREENIDGE, POWER PLANT IN DRESDEN
        FOR BOTTOM ASH/CINDERS- HIGHWAY
        WHEREAS, the Highway Superintendent and the Public Works Committee have agreed there is a need
for the Highway Department to purchase Bottom Ash/Cinders (“ash”), and
        WHEREAS, AES Greenidge, LLC requires a signed agreement before any municipality can enter the
power plant in Dresden to load the bottom ash.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with AES Greenidge, LLC for the Highway Department to purchase approximately 1,500
tons of bottom ash from the NYSEG power station at $1.50 per ton if municipality load, or $2.50 per ton if AES
loads, for the period September 19, 2005 through September 18, 2006; subject to approval of the Schuyler
County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 344 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR ENGINEERING SERVICES FOR
        COUNTY ROUTE 8 INTERSECTION – HIGHWAY DEPARTMENT
        WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need to
determine if the sight distance could be improved at the intersection of Church Street and along CR 08, and
        WHEREAS, Hunt Engineering has proposed engineering services for this evaluation.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature accepts the proposal
price, not to exceed $11,300, to determine what improvements could be made to the intersection and the extent
of these improvement by preparing a preliminary design and estimating the cost of these improvements for a
construction budget, funds available in the 2005 County Road budget account no. 5020.400, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the
necessary documents to retain Hunt Engineers for these engineering services. Contract subject to the approval
of the Schuyler County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 345 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR COUNTY ROUTE 14 BRIDGE
        REPAIR – HIGHWAY DEPARTMENT
        WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for
engineering services for the repair of the bridge carrying CR 14 over Hooker Creek, and
        WHEREAS, Hunt Engineering has proposed engineering services for the needed repair.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature accepts the proposal
price not to exceed $14,000, for the repair of the CR 14 Bridge over Hooker Creek, funds available in the 2005
County Road budget account no. 5020.400, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the
necessary documents to retain Hunt Engineers for these engineering services. Contract subject to the approval
of the Schuyler County Attorney.
Vote: Passed 8-0.
RESOLUTION NO. 346 Motion by Yuhasz, Second by Bingell.
RE: AMEND THE 2005 MACHINERY FUND BUDGET – HIGHWAY
        WHEREAS, the continued high price for gasoline and diesel fuel has depleted the Shared Fuel Facility
account, and
        WHEREAS, the cost of the fuel is passed on to all users.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
amend the 2005 Machinery Fund as follows:
        AMOUNT                 ACCOUNT NO.                   DESCRIPTION
        +$80,000.00            5131.526                      Fuel
        +$80,000.00            0003-2300                     Services
Vote: Passed 8-0.
RESOLUTION NO. 347 Motion by Yuhasz, Second by Bingell.
194                                  SCHUYLER COUNTY LEGISLATURE
RE:      DESIGNATE THE SCHUYLER COUNTY AGRICULTURE AND FARMLAND PROTECTION
         BOARD AS LEAD AGENCY FOR SEQR REVIEW OF THE AGRICULTURAL DISTRICTS
         WHEREAS, in accordance with New York State Agricultural Law, Article 25AA, sec. 303(b), Schuyler
County has established an annual enrollment period for landowners to petition the County to include their land
in one of the three Schuyler County Agricultural Districts, and
         WHEREAS, during the 2005 enrollment period the County received requests to add 13 parcels to the
districts, and
         WHEREAS, the county must complete a New York State Environmental Quality Review (SEQR) to
comply with the requirements of New York State Agricultural Law, Article 25AA, sec. 303(b).
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Agriculture and Farmland
Protection Board shall serve as the lead agency in completing the SEQR associated with undertaking this action.
Vote: Passed 8-0.
RESOLUTION NO. 348 Motion by Yuhasz, Second by Bingell.
RE: ACCEPT/REJECT 2005 TAX AUCTION BIDS
         WHEREAS, the Schuyler County Treasurer is now holding tax deeds on certain properties which are
three or more years delinquent in tax payments, and
         WHEREAS, the Schuyler County Legislature had contracted for the auction sale of these properties and
such sale was conducted on October 8, 2005.
         NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts, the following bids
to wit:
         BIDDER'S NAME:               George V. Eddy & Leonard N. Tostanoski
         BIDDER'S ADDRESS:            3863 Pine Hill Rd.
                                      Corning, NY 14830
         AMOUNT OF BID:               $9,700.00
         FORMER OWNER:                Christopher M. & Barbara L. Evans
         TAX MAP #:                   88.13-1-75
         PARCEL ID NUMBER:            101-0106-00
         LOCATION:                    217 Main Street
                                      Odessa, NY 14869

       BIDDER'S NAME:                Michael Coppola
       BIDDER'S ADDRESS:             1251 Penny Ave.
                                     Pine City, NY 14871
       AMOUNT OF BID:                $7,600.00
       FORMER OWNER:                 Trans Allied Corporation
       TAX MAP #:                    44.19-1-12
       PARCEL ID NUMBER:             402-9024-00
       LOCATION:                     Commercial Property at 3817 Main Street
                                     Burdett, NY 14818

       BIDDER'S NAME:                Robert D. Sample
       BIDDER'S ADDRESS:             108 Mulberry Street
                                     Montour Falls, NY 14865
       AMOUNT OF BID:                $12,200.00
       FORMER OWNER:                 Donald W. Bruman
       TAX MAP #:                    86.7-3-48
       PARCEL ID NUMBER:             501-0823-00
       LOCATION:                     231 Owego Street
                                     Montour Falls, NY 14865

       BIDDER'S NAME:                Brian S. Bedient
                                    PROCEEDINGS OF THE YEAR 2005                                         193
       BIDDER'S ADDRESS:            1205 County Route 23
                                    Watkins Glen, NY 14891
       AMOUNT OF BID:               $8,600.00
       FORMER OWNER:                Thomas Elias & Ernest Goltry
       TAX MAP #:                   50.00-1-16
       PARCEL ID NUMBER:            801-2221-01
       LOCATION:                    Vacant land on County Route 23
                                    Watkins Glen, NY 14891

       BIDDER'S NAME:               Michael Coppola
       BIDDER'S ADDRESS:            1251 Penna Avenue
                                    Pine City, NY 14871
       AMOUNT OF BID:               $3,200.00
       FORMER OWNER:                Alan M. Hurley
       TAX MAP #:                   50.05-1-38
       PARCEL ID NUMBER:            801-2044-00
       LOCATION:                    Commercial Property at 774 County Route 23
                                    Tyrone, NY

       BIDDER'S NAME:                  Frederick T. Schmidt
       BIDDER'S ADDRESS:               30 Gasoline Avenue
                                       Carlise, PA 17013
        AMOUNT OF BID:                 $96,000.00
        FORMER OWNER:                  Paul J. Rogalli
        TAX MAP #:                     71-1-56
        PARCEL ID NUMBER:              601-0207-00
        LOCATION:                      Woodland at Hawley Road
                                       Town of Orange, and
        BE IT FURTHER RESOLVED, the Schuyler County Attorney is directed to prepare appropriate deeds
and documents pertinent to such conveyance within thirty days of this authorization, and
        BE IT FURTHER RESOLVED, the Chairman of the Schuyler County Legislature is authorized to
execute such deeds and attending documents and the Schuyler County Treasurer is authorized to deliver such
deeds and attending documents upon full payment of the bid purchase price balance to the County of Schuyler.
Vote: Passed 8-0.
RESOLUTION NO. 349 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT WITH HEALTH ECONOMIC GROUP, INC. FOR ADMINISTRATIVE
        SERVICES RELATIVE TO THE MEDICARE MODERNIZATION ACT – HUMAN RESOURCES
        WHEREAS, the Medicare Modernization Act (Medicare Part D) imposes new requirements on
employers and other plan sponsors that provide prescription drug coverage to individuals who are Medicare-
eligible, and
        WHEREAS, employers that contribute a certain amount to retiree drug costs and have a certifiable plan
are eligible to receive a subsidy which shall directly reduce these costs, and
        WHEREAS, Schuyler County’s drug plan qualifies as creditable coverage for purposes of applying for
the subsidy, and
        WHEREAS, Excellus Blue Cross/Blue Shield is unable to make application for the subsidy on behalf of
Schuyler County, therefore the County must apply for the subsidy directly, and
        WHEREAS, it is the recommendation of the County Administrator and Human Resources Director that
the County enlist the services of a third party administrator to provide:
     Application for Plan Sponsor Subsidy
            o Analyze Plan Data
194                                 SCHUYLER COUNTY LEGISLATURE
            o Initial Data Submission
            o Actuarial Attestation
            o Submit Eligibility File
            o Prepare Final Submission for Plan Sponsor
            o Provide Employee/Retiree Notification Materials
     Interim Data Submission
            o Update Eligibility File Monthly
            o Submit Drug Cost Data Monthly or Quarterly
            o Prepare Summary Payment Requests
            o Estimate Applicable Cost Adjustments
            o Respond to RDS Notifications
            o Verify Payments
     End-of-Year Reconciliation
            o Review Data Provided by Carrier
            o Verify Submission
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Health Economics Group, Inc. for administrative services relative to the Medicare
Modernization Act (Medicare Part D) for the term October 12, 2005 to December 31, 2006 at a cost of $2,000
for Application and Reconciliation Services, $5 per month per subsidy/eligible individual for Interim Data
Submission services; contract subject to approval by the Schuyler County Attorney, and
        BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to transfer $3,000 from
account no. 9060.807-Health and Medical Insurance into account no. 9060.810-Medicare Part “D”.
Vote: Passed 8-0.
RESOLUTION NO. 350 Motion by Yuhasz, Second by Bingell.
RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2006
        WHEREAS, a public hearing in respect to the 2006 County Budget is required pursuant to County Law
Section 359.
        NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2006 County Budget be
held in the Court Room on the second floor of the Court House, 105 Ninth Street, Watkins Glen, NY on
November 21, 2005 at 6:30 p.m. any may be followed by a Special Meeting of the Legislature to adopt the 2006
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: Passed 8-0.
RESOLUTION NO. 351 Motion by Yuhasz, Second by Bingell.
RE      ESTABLISH REIMBURSEMENT RATES FOR COUNTY ELECTION INSPECTORS
        WHEREAS, the New York State Legislature has amended the Election Law enacting the Election
Consolidation and Improvement Act of 2005, and
        WHEREAS, said act requires Counties to establish reimbursement rates for elections inspectors, to
become effective in the year 2006.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes all
election inspectors working for the County, to be paid the rate of $100.00 for a primary election, $150.00 for a
general election, and $25 for each mandated training session, effective January 1, 2006.
Vote: Passed 8-0.
NEW BUSINESS:
                                       PROCEEDINGS OF THE YEAR 2005                                               193
       Legislature Bingell would like to enter into the minutes a “Thank you” letter that she received from
Janice Kron who is a resident on County Route 14 in Odessa. The letter is in regards to the Schuyler County
Highway Department and some recent work in front of her property. See the copy of the letter to follow:
       Date: September 13, 2005, From: Janice E. Kron Ronald S. Shutter Address: 5024 CR 14 Odessa, NY
       14869
       Dear Schuyler County Highway Dept.,
                We would like to take this opportunity to thank you and every one who works with the Highway
       Department for the excellent work they did with the area in front of our house.
                For sometime, the ditch area has washed out and was taking away areas close to the highway and
       yard. Ronald, my son, spoke with you r department this spring about repairs to the ditch, slews pipes and
       lawn wash out. Your department committed to correcting the problem this fall and they kept their word. The
       ditch had become quite deep from the drainage of the hill and field above. We became concerned this past
       winter when a storm took down lines across the road and we saw cars trying to go by, but there was no
       shoulder in that area for passage. Some of portions only had about eight inches between the ditch and road.
                The crew has now added a base of stone to the ditch, cleaned the silt out of all the catch areas from
       the bills above and, from what we see, corrected a problem that has been on going for many years.
                Thank you and everyone at the Highway Department for an excellent job.
       Janice E. Kron Ronald S. Shutter




UNFINISHED BUSINESS:
        Chairman Gifford reported on the potential new Watkins Glen Harbor Hotel project. The project is
moving ahead. The Attorneys are involved and everything is a go on the project. The real estate is in the
process of being acquired. Legislature Fagan inquired if the Department of Environmental Conservation (DEC)
had approved the project. Chairman Gifford responded that everything is moving ahead. He asked County
Attorney Coleman if he agreed. Attorney Coleman responded in agreement.
REPORT ON STANDING COMMITTEES: None
COUNTY ADMINISTRATOR’S REPORT:
        County Administrator O’Hearn reported on the Tobacco Funds (STASC). There will be a conference
call this Friday on October 14, 2005 at 11:40 a.m. This is required for the second phase of cost allocation.
O’Hearn indicated that they will answer questions to intended usage of proceeds, which will be for the use of
exploring capital improvements. O’Hearn indicated that the Legislatures will be involved with the decision
making of how the funds are used. If TASC members are available they can attend the conference call. The
phone call is with one of the other Attorneys involved. O’Hearn believes he is a Representative of the Tobacco
Bond.
        Legislature Bleiler indicated that he understood that the conference call was just to find out our
intentions of the usage of the tobacco funds. Administrator O’Hearn indicated that other Counties will be
conferencing at different times.
        Administrator O’Hearn also reported that he met with Town Supervisors today and it went very well.
He discussed allocations of cost for next year. There was a general agreement of five out of eight towns that
were present, with rates that was agreed upon tonight with the Legislature for payment of the Election
Inspectors. He indicated that there is still a lot of unknown with the new changes with Board of Elections and
there is different info received everyday, such as the cost of machine and reimbursements. He also indicated
that the Towns are sensitive to the County position and have agreed upon a 75/25% split. He said they have
agreed to pay 25% and county 75%. They felt this should be recommended to the Legislature also. Even
though they are not responsible they are willing to pick up the 25%. The County would pay the bills and charge
then back to Town.
194                                   SCHUYLER COUNTY LEGISLATURE
         Legislature Fagan inquired if the State would be getting us all the new information in time for Budget.
Administrator O’Hearn responded that he did not know but he will list it as a state expense until it is clear. He
also indicated that the preliminary budget is based on estimates and meetings with Board of Elections
Commissioner, John Vona and other representatives. He feels that so far, some of the estimates are high, but he
will help trim them back if necessary.
         Legislature Fagan asked if there will be reimbursement of the voting machines. Administrator O’Hearn
indicated that there should be reimbursement from the State for the Voting machines. He has seen other emails
that there maybe a 5% local cost. The estimates will very from county and vender. He hopes that by November
the machines will be certified and get a better idea of the cost. The only certain cost in the budget right now is
for personnel.
         Legislature Bleiler asked Administrator O’Hearn a question about the voting poll locations. He said that
in the past the Towns have decided on polling places but if it is found that a place is not HAVA compliant who
decides if it is brought up to requirements. He also wanted to know who is responsible to decide if a new
location is needed or to bring the current location up to the requirements.
         Administrator O’Hearn responded with uncertainty and the Clerk of the Legislature read from the law
that states the Board of Elections will be empowered to select an alternative polling place.
         Administrator O’Hearn said the Budget is taking up all of his time. There is a meeting tomorrow
morning with the Administrative Council. The County Treasurer’s office is working on it right now. The new
formatting of the line item is incredible but we are still working on numbers.
PUBLIC PARTICIPATION: None.
         The Meeting adjourned at 6:50 p.m.
                Stacy B. Husted, Clerk
                Sharlene A. Parker, Deputy Clerk

                                             SPECIAL MEETING
                                             NOVEMBER 9, 2005

        The November 9, 2005 Special Meeting of the Schuyler County Legislature was called to order at 9:05
a.m. by acting Chairman Karius. The Pledge of Allegiance was led by Legislator Bingell and followed by a
Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator
Timothy O’Hearn, were also present.
PUBLIC PARTICIPATION: None
RESOLUTION NO. 352 Motion by Larison, Second by Fagan.
RE: RATIFICATION OF SPECIAL MEETING
        BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon
the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the
following items of business:
        1. LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. OF THE YEAR 2005 AMENDING LOCAL
            LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS
            AN ECONOMIC DEVELOPMENT ZONE)
        2. AUTHORIZE RATE RENEWAL WITH BLUE CROSS/BLUESHIELD OF CENTRAL NEW
            YORK FOR HEALTH INSURANCE FOR THE YEAR 2006
        3. AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR
            2006
        4. AUTHORIZE RATE RENEWAL FOR VISION COVERAGE PREMIUM
        5. AUTHORIZE STIPULATION AGREEMENT WITH THE CIVIL SERVICE EMPLOYEES
            ASSOCIATION, INC. (CSEA) ADMINISTRATIVE UNIT
        6. AUTHORIZE STIPULATION AGREEMENT WITH THE SCHUYLER COUNTY DEPUTY
            SHERIFFS’ ASSOCIATION
Vote: Passed 7-0.
RESOLUTION NO. 353 Motion by Bingell, Second by Fagan.
                                      PROCEEDINGS OF THE YEAR 2005                                          193
RE: LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 5 OF THE YEAR 2005 AMENDING LOCAL LAW
        NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN
        ECONOMIC DEVELOPMENT ZONE)
        BE IT RESOLVED, that Local Law Intro. No. 6/Local Law No. 5 of the year 2005, 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
November 21, 2005 following a Public Hearing on the 2006 Tentative Budget in the Courthouse, County Office
Building, 105 Ninth Street, Watkins Glen, NY.
                     LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 5 OF THE YEAR 2005
        BE IT ENACTED, by the Schuyler County Legislature of the County of Schuyler, New York, as
follows:
        Section 1.    By Local Law No. 12-2000, this Legislature authorized an applicant for the designation
                      of an Economic Development Zone relative to certain land within Schuyler County.
        Section 2.    That Local Law No. 1-2001, adopted January 30, 2001, amended Local Law 12-2000.
        Section 3.    That the County of Schuyler has received Economic Development Zone approval from
                      New York State.
        Section 4.    By Local Law No. 1-2003, adopted on February 27, 2003, the Economic Development
                      Zone was expanded.
        Section 5.    By Local Law No. 2-2004, adopted on June 14, 2004, amended Local Law 1-2003.
        Section 6.    It is the desire of this Legislature to authorize an application to revise the Economic
                      Development Zone, now called an Empire Zone, to include 988.109 acres located in
                      Schuyler County.
        Section 7.    The County of Schuyler is hereby authorized to submit an application to revise the
                      Empire Zone to include the property described in Section 7 of this Local Law.
        Section 8.    The boundary of the Empire Zone, as described in Local Law No. 12-2000, Local Law
                      No. 1-2001, and Local Law 1-2003, shall be expanded to include the properties generally
                      described In Appendix A attached:
        Section 9.    The Commissioner of the New York State Department of Economic Development is
                      hereby requested to revise the boundaries of the Empire Zone in accordance with this
                      Local Law.
        Section 10.   In all other respects, Local Law No. 12-2000, Local Law No. 1-2001, Local Law No. 1-
                      2003, and Local Law No. 2-2004, shall remain in full force and effect.
        Section 11.   This Local Law shall take effect upon filing in the Office of the Secretary of State.
Discussion: Legislator Bleiler asked for a clarification on Force Dynamics. Barbara Halpin from SCOPED was
present to answer questions and said that it was Schuyler Dynamics. Legislator Fagan, asked if Tompkins
county was done. Halpin answered, Yes.
Vote: Passed 7-0.
RESOLUTION NO. 354 Motion by Bingell, Second by Fagan.
RE: AUTHORIZE RATE RENEWAL WITH BLUE CROSS/BLUESHIELD OF CENTRAL NEW YORK
        FOR HEALTH INSURANCE FOR THE YEAR 2006 – AMENDED BY RESOLUTION NO. 470-05
        WHEREAS, as a result of a new bargaining agreement with the Highway Unit CSEA, there is a
reduction in the premium rate for 2006 for those particular Plans.
        NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 354-05 be amended to reflect the below
rate for the Highway Unit Plans, and
        BE IT FURTHER RESOLVED, the Chairman of the Legislature be hereby authorized to execute an
amended premium rate renewal agreement with Blue Cross/Blue Shield of Central New York for health
insurance coverage for said groups for the term of January 1, 2006 through December 31, 2006, subject to the
approval of the Schuyler County Attorney:
                      Schuyler County Plans 1440506, 1440507, 1440508, 1440576
                      Previous: (Hwy. Unit – Rx $2/$10)
                      Amended: (Hwy. Unit - Rx $5/$15/$30)
194                                  SCHUYLER COUNTY LEGISLATURE
                       Previous:      Family $ 1,119.55      Individual $ 439.04
                       Amended:       Family $ 1,073.12      Individual $ 420.83
Vote: Passes. 7-0
RESOLUTION NO. 355 Motion by Bingell, Second by Fagan.
RE: AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR 2006
         BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a premium
rate renewal agreement with GHI for dental insurance coverage for county employee groups for the term of
January 1, 2006 through December 31, 2006, with rates per month as follows, subject to the approval of the
Schuyler County Attorney:
                        Schuyler County Dental Plans DT 4790, DT 4965 and DT 4994
                        Family $56.03 Mo.              Individual $16.01 Mo.
                        (No Increase)                  (No Increase)
Vote: Passed 7-0.
Chairman Gifford in at 9:10 a.m.
RESOLUTION NO. 356 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE RATE RENEWAL FOR VISION COVERAGE PREMIUM
         BE IT RESOLVED, that the Schuyler County Legislature hereby renews the monthly premium for
vision coverage for Schuyler County to be $4.78-Individual and $12.41-Family.
Vote: Passed 8-0.
RESOLUTION NO. 357 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE STIPULATION AGREEMENT WITH THE CIVIL SERVICE EMPLOYEES
         ASSOCIATION, INC. (CSEA) ADMINISTRATIVE UNIT
         BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Stipulation
Agreement with the CSEA Administrative Unit, as approved by Labor Counsel.
Vote: Passed 8-0.
RESOLUTION NO. 358 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE STIPULATION AGREEMENT WITH THE SCHUYLER COUNTY DEPUTY
         SHERIFFS’ ASSOCIATION - RESCINDED BY RESOLTION NO. 434-05
         BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Stipulation
Agreement with the Schuyler County Deputy Sheriffs Association, as approved by Labor Counsel.
Discussion: Res. No. 356-357. Legislator Bleiler asked for more details of what these resolutions were about.
O’Hearn, one is disciplinary matter and one is an employee leaving the county.
Vote: Passed 8-0.
         MOTION by Legislator Bleiler to go into executive session to discuss employee work history,
SECOND by Legislator Bingell. Vote: 7-0.
         MOTION by Legislator Bleiler to come out of executive session, SECOND by Legislator Fagan. Vote:
7-0.
PUBLIC PARTICIPATION: None
COUNTY ADMINISTRATOR’S REPORT:
         Administrator O’Hearn took this time to discuss the Tobacco (TASC) correspondence on the settlement.
He was notified late last week that our amount expected has been lowered to 1.7 million to be consistent with
interest rates. He then received a notice yesterday and it is now $1,333,713.00 million. He contacted the Fiscal
Advisors and they miscalculated. They had included Seneca County with us. They feel that this is the floor and
it will not go any lower. In light of that, it does not require legislative action, but we do have the option to opt
out. Other counties are not withdrawing from this round. He just wanted to make everyone aware of it. They
needed action yesterday. He needs to notify them if we are still in or we are withdrawing if we choose.
Legislator Fagan asked what the ramifications might be. O’Hearn said they would have to forego the capital
amount. There will be no more disbursements for another 35 years. He recommends staying in at this point.
Attorney Coleman agrees with O’Hearn. Chairman Gifford asked if they take this we do not have to worry
about tobacco companies going belly up or moving to another county, correct? Attorney Coleman agreed and
stated that this is an anchor. O’Hearn explained that there is no resolution needed, just input so that he may
                                      PROCEEDINGS OF THE YEAR 2005                                             193
notify the legislators as to what is going on. He will have his Confidential Secretary, Heather Lodge, contact
them. Legislator Bleiler said he is still not satisfied, he asked O’Hearn if he called Worthington trust. O’Hearn
said he received a spreadsheet and was required to have the accountant verify the numbers. This goes from the
initial payout through to the year 2004. We were off by $40,000. One year was an $11,000 amount where we
showed we received less. Legislator Bleiler suggested that they take a look at the numbers again and then think
carefully about securitization. On a side note, he is disappointed that our own records are not more accurate
than that. It must be there someplace. He is not accusing anyone of walking off with money. O’Hearn
explained that our records are accurate, the conversations he is having is where it is confusing on their end. The
numbers are not matching up. Legislator Bleiler was really upset that they do not know how much they are
sending us. O’Hearn said he does not have enough knowledge to answer the questions. Legislator Bleiler
asked how the other committee members felt from TASC. He suggested holding a special TASC meeting to
invite the auditors to explain how this can happen. Legislator Slusser said the auditor is saying we are right on.
Legislator Fagan said they are claiming they sent us more than we received? O’Hearn said yes, the spreadsheet
from Fiscal Advisors shows it. Legislator Bleiler felt they should continue with the deadline, but call a meeting
of the TASC next week.
         The Meeting Adjourned at 9:28 a.m.
                Stacy B. Husted, Clerk

                                            REGULAR MEETING
                                            NOVEMBER 14, 2005

         The November 14, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment
of Silence. All Legislators were present. County Attorney Coleman and County Administrator Timothy
O’Hearn, were also present.
PUBLIC PARTICIPATION:
         Joette McBride stood and stated that she was on the Office for the Aging Advisory Committee. She said
she recently attended a committee meeting and voted on a motion to create a new Deputy Director position.
She said that when it was presented she was in support of this new position being created. However, after she
thought about it, she now has concerns about this new position. She also does not see a Coordinator position
listed on the proposed changes for all of the other positions listed for the Office for the Aging and feels that it
should be listed. She feels that if this Deputy Director position is created, then it can not be rescinded later and
all the information must be reviewed before making this kind of decision.
         Linda Brown who is a Secretary at Hanlon Elementary School discussed her concern that it is difficult to
have people apply for substitute positions at the school. The pay is not very high and now there is a new
fingerprinting fee that the applicant needs to pay for when hired and it is expensive. She has called other
counties surrounding Schuyler and none of them charge for Civil Service applications right now for non-
competitive and labor positions and she would like the Legislature to consider a resolution to waive Civil
Service fees to apply for these kinds of positions.
         George Swarthout of Beaver Dams, stated that it seems odd to pay a fee to get into a position,
fingerprinting fees and application fees.
         Legislator Yuhasz made some clarification on the fingerprinting fees. He said that it is a new state
requirement and that he had to pay fingerprinting fee even though he had worked for 25 years in the school
district, retired and came back to the School District.
         Legislator Slusser stated that the waiving of Civil Service Fees will be discussed further in committee.
7:00 P.M. – PRESENTATION BY THE VETERANS SERVICES DIRECTOR, PHILIP SMITH:
         Phil Smith, representing the Schuyler County Veteran’s, made a presentation to the public in regards to
the new Veteran’s Memorial Park that is being built on County Route 228 in Odessa.
         Jim Shippy, a Veteran from Post 676 also spoke about the Memorial Park. He introduced another
member of the Schuyler County Memorial board. Mr. Shippy is the Secretary and Chairman of the Board.
There was a handout disbursed that had many Questions and Answers for the Memorial project. He showed the
194                                    SCHUYLER COUNTY LEGISLATURE
pictures of the bronze eagle that artist David Turner has sculptured for the project. The eagle represents and
stands for strength and courage. They will have a dedication ceremony in the month of May. This project was
started about five years ago. He said that he is proud of the Legion he is from and that it is a non-drinking
legion. He was also proud to report that the legion has no debt. They pay for everything that they do for
projects. They have received a lot of donations for this project in particular. See handout on file for donations
that the public can make by purchasing bricks, trees, etc. He disbursed another handout of a drawing of the
park. This was done at no charge by the architect. The last handout was information from the VFW in Watkins
Glen, Legion post 555 and the Wayne post, which helped financially. He said that this was a heartwarming
dream and it is starting to come true. Please drive by and you will be surprised. Also, please become part of the
project and consider donating, and talk it up if you think we are doing good.
         Legislator Bleiler made a comment that if the public travels on Rt. 228 about two miles north, that they
will see a stop sign and if they look across the road they can see where the park is going to be placed. When
this project started, he thought it should be in front of the County Building or other locations but now that he
has seen the map and plans, it is in a perfect place. He feels that this is a gem of a project and that it will be
great for people that will be able to check out the rural areas of the County too.
         Mr. Shippy indicated that Legislator Bleiler is an advisor for the project and they meet each month. He
was able to do a presentation to high schooler’s and he was amazed at how little they knew about Veterans and
thought this was a good way to get a message out and tell them about the project too.
         Jim Bowman who is another Veteran, introduced himself and stated that he felt that most people do not
realize how many Veterans are from Schuyler. He has composed a list of three-hundred names. These names
go back to the French and Indian war. When the list is complete it will be at the memorial park. He also talked
about how this project started and that he had an inquiry from a lady. He talked about all the donations and
gifts they have received from the public. They are about two-thirds of the way with money. The sidewalks are
now in place, the bricks are in too. There will be benches and lighted flags for the project. He asked to please
talk it up to give support and it will be appreciated.
         Legislative Chairman Gifford indicated that a Proclamation by the Legislature would eventually be
offered in the spring. He offered a Thank you to the Veterans.
7:15 P.M. – PUBLIC HEARING REGARDING AN INCREASE IN FIRST TRANSIT BUS
TRANSPORTATION FARES:
         The Legislative Chamber was filled with members of the public for the public hearing. Chairman
Gifford started the hearing by thanking everyone for coming. He reminded that it was not a debate, that it was
only a discussion. There is a budgeting issue and problems that have come up in regards to the upcoming year
and the First Transit contract. He indicated that County Administrator O’Hearn would be able to get into more
detail of the budget concerns.
         Administrator O’Hearn welcomed everyone that came to the hearing. He has been communicating
through an internet list serve about the public concerns of the County possibly making changes to the bus
service through First Transit. As a brief overview before opening up to comments, he mentioned the reason for
having this public hearing was to involve the public with the process of making a decision that appears to be
needed to help offset local share costs of the bus service. In planning for the fiscal year 2006, he reviewed the
history with Chemung County First Transit. He explained that the County first entered into an agreement in
2000 and in the beginning there was an understanding that this service would be offset with State and Federal
revenues. The cost of the bus service in the beginning was $2-3,000 for the first few years. Then we began to
show a profit in the following year. Now when we review Chemung County’s agreement, it shows increasing
local shares to $188,000 for 2006. Because of the increased local shares, we are being faced with options now
being considered. The County is considering either a fare increase in varying degrees and/or the elimination of
bus route number three. He then introduced the First Transit Representative who was in the audience, Diane
Pantalunis. He indicated that she was available to answer questions. He said that there had been no decision
made yet and now they would listen to concerns.
         Mary Churchill spoke and said she is not currently riding the bus but glad for the turn out. Over twenty
years ago she was the one that set up the bus agreement and generated the bus route with First Transit. She
inquired if Corning had a share that they had to pay.
                                         PROCEEDINGS OF THE YEAR 2005                                           193
         Chairman Gifford indicated that this was not a Question and Answer format and they did not have time
to answer questions. He said if anyone had questions that they could ask them and get them answered in
writing.
         Mary Churchill continued on to ask if the Legislature if they had a Transportation Committee? If so, is
there anyone that is a rider of the bus on it? Are there any grants applied for to help with the bus service
agreement? What is the Cornell agreement to offset the cost or is there any agreement?
         Legislator Bleiler indicated that there was not a Transportation Committee.
         Legislator Fagan spoke about bus “service” concerns that he had received a lot of emails since the last
few months. He knows that this is not for discussion tonight but thought he would let everyone know that the
contract ends with Transit 2006 and they are looking at bids to address servicing issues.
         Legislator Larison indicated that he and Legislator Bingell sit on a transportation committee for the
Southern Tier Central Regional Planning and Development Board in Painted Post. Some of the transportation
problems take time to address.
         Jeff Magus who has been a rider for twenty years and works at Cornell, always wonders if there will be
a fare increase. He admits to having had service issues in the past. He would hate to see the elimination of runs
because it would be a step backward. He would like to see it as it is now. Taking the bus is environmentally
friendly, it is safer with less cars on road. He is on the fire department and knows a lot of people that travel Rt.
79 which can be dangerous to travel. He started a small petition which was given to O’Hearn. See copy of
petition in the meeting file. Mr. Magus stressed that the Legislature to not eliminate any bus routes and
acknowledged that a fare increase would be satisfactory.
         Legislator Fagan reviewed the petition and was confused with the objection on the petition. Mr. Magus
clarified that the people that signed the petition agreed with a fare increase but not canceling a bus route.
         Sue Snyder spoke, who has been a rider for two years and gets on in Odessa. There is about ten people
getting on at her stop and there is not enough room on the bus. People end up standing in the back of the bus.
         Legislator Fagan indicated that the one option was for a fare increase.
         Mr. Magus replied, yes give us an increase and he asked where he can go to sign up for it.
         Sue Snyder asked what Cornell University is paying for a share?
         Legislator Slusser indicated that Cornell is not paying the County for the bus service.
         Stacy Edwards said she said that Cornell subsidizes for its employees. Cornell pays this directly to First
Transit.
         Linda Mapes said she was not under the impression Cornell currently subsidizes but only formerly did
this for employees.
         Gorden Swarthout said that he was not aware that County dollars were being used for this bus service
and does not agree.
         Lois Branson said that she felt the number of riders has increased and that it is a benefit to Schuyler
County by having this service.
         Patty Butler stood and spoke. She lives in Montour Falls and gets on at the Rural Urban Center bus
stop. She thinks riders should be on a committee and figure out ways to save money. She feels that the hospital
run the bus makes everyday is a big loss of money.
         Legislator Bleiler said that the Southern Tier Central Transportation Committee that was mentioned
earlier, has not ever reported on any similar issues. He agrees this topic needs to come from the County.
         Kim Hayes just wanted to again mention the quality of service and feels it still needs to be addressed.
         Mike Skullen spoke, who has been a rider for ten years. He is a Cornell employee and his pass is
subsidized by Cornell. He has spoke to many people in the past week and wants to remind that the ridership
goes up in the winter, the bus will be overcrowded once again. He said that standing on a bus is not safe. The
only thing he has heard at this meeting is that the county is trying to reduce the county share. What is a
reasonable amount?
         Legislator Fagan asked if the local share was $7,000.
         O’Hearn said that this is what was budgeted.
         Chairman Gifford indicated that the local share was $43,000 in 2004.
         Stacy Edwards indicated that an increase in fare would be reasonable.
194                                   SCHUYLER COUNTY LEGISLATURE
         Diane Panatlunis said that there is an e-rate per hour of service. The hourly rate is reduced by fares and
federal and state funding. When the County created a profit in the previous year the formula was based on this
profit.
         O’Hearn said that in 2002 there was a profit and in the low to mid $30,000 the last three years.
         Stacy Edwards asked if the State recalculated the formula because of the profit revenue year. Diane
replied yes.
         Stacy Edwards asked if the service has lost money in the past two years will they recalculate the formula
again? Diane said they probably will.
         Mary Churchill did a quick calculation of riders and the amount paid. She then tried to clarify Mr.
Swathout’s concern, by explaining that by riding a bus it does save the County money. Some would not be able
to work if they did not ride the bus.
         Mike Skullen said that he would like to still see the county review what is a fare amount divided
between county and riders.
         Legislator Bleiler said that he heard that seven people would be affected is this route ended up being
eliminated. What he is hearing tonight from people it that they are saying there will be overcrowding on the
other routes.
         Diane said that she did a survey and found that route three would be less impacted.
         Several audience members agreed with each other that they did not feel that there was a similar route to
take if route three were eliminated.
         Legislator Bleiler asked the audience if doing the elimination of the route would make the buses be
overcrowded.
         Many of the audience spoke up and agreed that it would be overcrowded.
         Diane explained how she came up with the numbers of riders from her study. Not saying that the buses
can not max out with these numbers.
         Legislator Bleiler asked if all Rural Urban bus stop people get on at Mecklenburg. He also wanted to
know what portion or route is the Rural Urban and Odessa?
         Chairman Gifford replied that the questions were getting into technical aspects.
         Legislator Fagan said that he had heard enough to not focus on reduction of service. He mentioned that
he was the Chairman of the Community Development and Natural Resource Committee in 2004 and recalled
that Patty Butler had concerns of the service bus programs. He said he did not know that the service had a local
share and thought it was a pass through. Now he sees that there is a cost to the county. He feels that a
reasonable amount for local share for him would be less than $10,000. He also feels that there should be at least
a fifty percent increase in fares which would make the monthly pass increase from $48 to $72.
         Ron Leasy then asked if the County raised the fares that much, would they again show a profit?
         Chairman Gifford replied with a no.
         Mary Churchill inquired if the Transit could get a smaller bus for some runs to reduce costs.
         Kim Hayes asked First Transit if they agreed that the numbers go up in the winter. She felt that the
numbers did not make sense and they may be an inaccurate count. She asked how many were paying for
passes. She wanted to know if the numbers were based on passes or riders.
         County Administrator O’Hearn said that they looked at the current numbers but yes they will vary. He
felt that Legislator Fagan’s calculation will lower the cost and takes into account of flex in numbers.
         Mike Skullen said that he felt that there was a need to use peak figures to calculate.
         Sue Buckley from Odessa also spoke during the hearing. She said that five people ride on her route, one
person was challenged by a disability and this person was in tears thinking that they may not be able to ride.
She also indicated that there were others that ride the bus that were not Cornell riders.
         Legislator Bleiler agreed with Legislator Fagan that he would rather see a fare increase than see a cut in
service. He would like to get the county cost down to $10,000 or less. This sounds like we have a solid answer
to the problem. We can also Bid out in the future for possible other bus service.
         Gordon Swarthout said he would like to see the numbers kept down for the county, please.
         Lois Bronson said that she felt that we all have to find alternate ways to get home and that the Transit
should consider not charging full price to people that are seeking to find alternate ways.
                                      PROCEEDINGS OF THE YEAR 2005                                         193
        Susan Artensinger said raising the pass amount sounds fair but the bus service should be safe, this
should be a consideration.
        Chairman Gifford thanked everyone for participating in the hearing.
        The Public Hearing adjourned 8:13 p.m.
RESOLUTION NO. 358A Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE OCTOBER 11, 2005 REGULAR MEETING OF THE SCHUYLER
        COUNTY LEGISLATURE
        BE IT RESOLVED, that minutes of the October 11, 2005 Regular Meeting of the Schuyler County
Legislature be approved.
 Vote: Passes 8-0.
RESOLUTION NO. 359 Motion by Yuhasz, Second by Bingell.
RE: LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. OF THE YEAR 2005 AUTHORIZING THE
        SCHUYLER COUNTY LEGISLATURE TO MAKE APPLICATION FOR RE-DESIGNATION OF
        CERTAIN AREAS WITHIN SCHUYLER COUNTY AS AN EMPIRE ZONE
        WHEREAS, by Local Law No. 12 of 2000, the county of Schuyler authorized Schuyler County
Partnership for Economic Development (SCOPED) to prepare and submit the application for designation of the
Empire Zone, pursuant to Section 961 of the General Municipal Law, and the creation of such Zone was
approved by the New York State Commissioner of Economic Development and such Zone was formally
designated by the Empire Zones Designation Board on June 5, 2002, and
        WHEREAS, the New York State Legislature and the Governor have enacted into law changes to the
Empire Zones program, whereby each existing Empire Zone must configure its existing zone acreage into three
“distinct and contiguous” areas, and
        WHEREAS, pursuant to Sections 961 and 957(d) of the General Municipal Law, as amended, the
county of Schuyler hereby authorizes SCOPED to prepare and submit Schuyler County’s application for re-
designation of the existing Empire Zone into three “distinct and contiguous areas”, including a description of
the areas identified for such re-designation, to the New York State Commissioner of Economic Development
for ultimate approval by the Empire Zones Designation Board, and
        WHEREAS, such designation could greatly benefit the County in that new businesses would be
encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area, and
new and expanded businesses would generate new jobs for Schuyler County residents, and
        WHEREAS, a draft of the amended Zone Development Plan is hereby authorized to be submitted along
with the re-designation application to the New York State Commissioner of Economic Development.
        NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 7/Local Law No. of the year
2005, 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
December 12, 2005 at 7:05 p.m. in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY.
                   LOCAL LAW INTRO. NO. 7/LOCAL LAW NO.                        OF THE YEAR 2005
        BE IT ENACTED, by the Legislature of the County of Schuyler, as follows:
        Section 1.     SCOPED is hereby authorized and empowered to submit an application for redesignation
of certain areas within Schuyler County as an Empire Zone; provided, however, that such authorization and
empowerment shall be conditioned upon the concurrence, through properly adopted resolution(s) with respect to
such application of the governing bodies of any and all towns and villages in which such zone is located.
        Section 2.     The boundaries of said areas to be included in said Empire Zone shall be as set forth in
Schedule A, which is attached hereto and made a part hereof.
        Section 3.     Pursuant to requirements of Section 963(a) of the General Municipal Law, the County
Administrator shall continue to serve as the Local Empire Zone Certification Officer of Schuyler County
Empire Zone, and shall, pursuant to the regulations promulgated pursuant to Article 18-B of the General
Municipal Law, perform the following duty, to wit: certify, jointly with the New York State Commissioner of
Economic Development and the New York State Commissioner of Labor, those businesses enterprises that are
eligible to receive those benefits referred to in Section 966 of the General Municipal Law, and any other
applicable statutes.
194                                   SCHUYLER COUNTY LEGISLATURE
        Section 4.      Pursuant to Article 18-B of the General Municipal Law, the Local Empire Zone
Administrative Board as presently constituted is hereby continued. The Local Empire Zone Administrative
Board, pursuant to Section 963(a) of the General Municipal Law, as amended, shall approve for certification by
the Zone Certification Officer, the New York State Commissioner of Economic Development, and the New
York State Commissioner of Labor, the applications of those businesses eligible for certification to receive the
benefits referred to in Section 966 of the General Municipal Law, and shall perform all other duties required of
it pursuant to Section 963(b) of the General Municipal Law,
        Section 5.      This local law shall take effect upon filing in the Office of the Secretary of State as
provided by Section 27 of the Municipal Home Rule Law.
Vote: Passes 8-0.
RESOLUTION NO. 360 Motion by Yuhasz, Second by Bingell.
RE: RECOGNIZE DECEMBER 2005 AS NATIONAL DRUNK AND DRUGGED DRIVING
        PREVENTION MONTH - PUBLIC HEALTH
        WHEREAS, an alcohol-related motor vehicle crash kills someone every 31 minutes and non-fatally
injures someone every two minutes (NHTSA 2004), and
        WHEREAS, drugs other than alcohol, such as marijuana and cocaine, are involved in about 18% of motor
vehicle driver deaths and are generally used in combination with alcohol (NHTSA 1993), and
        WHEREAS, each year alcohol-related crashes in the United States cost about $51 billion (Blincoe et
al.2002), and
        WHEREAS, most drinking and driving episodes go undetected, and
        WHEREAS, to further decrease alcohol-related fatal crashes, communities should implement and enforce
strategies that are known to be effective, such as sobriety checkpoints, 0.08% BAC laws, minimum legal drinking
age laws and “zero tolerance” laws for young drivers.
        NOW, THEREFORE, BE IT RESOLVED, that Schuyler County recognizes December 2005 as National
Drunk and Drugged Driving Prevention month.
Vote: Passes 8-0.
RESOLUTION NO. 361 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE              CONTRACT          AMENDMENT           WITH       AFFILIATED      PSYCHOLOGICAL
        CONSULTANTS, P.C. FOR CLINIC SERVICES FOR 2005 - COMMUNITY SERVICES
        WHEREAS, the Community Services Department currently contracts with Affiliated Psychological
Consultants, P.C., for mental health workers, and
        WHEREAS, there is a temporary need for additional mental health services workers to provide clinic
services due to the current staffing shortage in the Mental Health Clinic, and
        WHEREAS, Affiliated Psychological Consultants, P.C. is able to provide qualified Social Workers to
work in the Mental Health Clinic on a temporary basis.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract amendment with Affiliated Psychological Consultants, P.C. to include the provision of
temporary mental health workers for the period September 1, 2005 through December 31, 2005, at the rate of
$55 per hour, in an amount not to exceed $6,600, total funding of this contract not to exceed $188,600, funding
available in account 4310.435, subject to approval by the Schuyler County Attorney.
Vote: Passes 8-0.
RESOLUTION NO. 362 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH DrFIRST.COM, INC. FOR ELECTRONIC PRESCRIPTION
        SERVICE – COMMUNITY SERVICES
        WHEREAS, the Mental Health Clinic prescribes medications in the treatment of individuals in need of
such services, and
        WHEREAS, use of an electronic prescription service would enhance the management of medications
prescribed and improve the safety and confidentiality involved in prescribing medications, and
        WHEREAS, the Mental Health Clinic wishes to purchase a software application, which will allow for
submission of prescriptions to participating pharmacies by electronic means.
                                       PROCEEDINGS OF THE YEAR 2005                                       193
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign an agreement with DrFirst.com, Inc. for the purchase of a software application, total cost not to exceed
$1,000, funds available in the 2005 budget, account no. 4310.278, subject to approval by the Schuyler County
Attorney, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign a business
associate agreement with DrFirst.com, Inc. with regard to HIPAA compliance, subject to approval by the
Schuyler County Attorney.
Vote: Passes 8-0.
RESOLUTION NO. 363 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CONTRACT WITH HORIZONS OCCUPATIONAL THERAPY, PLLC FOR
        THERAPY SERVICES – PUBLIC HEALTH
        WHEREAS, provision of occupational therapy services is beneficial to the rehabilitation of Schuyler
County residents receiving home health care, and
        WHEREAS, Horizons Occupational Therapy, PLLC is certified to provide occupational therapy
services.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to
execute a contract with Horizons Occupational Therapy, PLLC to provide occupational therapy services,
effective December 1, 2005 through December 31, 2006, renewable annually, at a rate of $60 per hour, funding
available in the 2005 Public Health budget and the proposed 2006 Public Health budget, account no. 4010.490,
subject to the approval of the County Attorney.
Vote: Passes 8-0.
RESOLUTION NO. 364 Motion by Yuhasz, Second by Bingell.
RE: AMEND 2005 – 2006 LEAD GRANT BUDGET – PUBLIC HEALTH
        WHEREAS, resolution 130-05 established the budget for the 2005-06 Lead grant, and
        WHEREAS, planned expenditures of the grant monies have changed, and these changes necessitate
amendments to the original budget.
        NOW, THEREFORE, BE IT RESOLVED that the Legislature authorizes the County Treasurer to
amend the 2005- 06 Public Health Department budget as follows:
        CHANGE         NEW AMOUNT              ACCOUNT NO.            DESCRIPTION
        $ - 775.00 $ 14,085.00                 4010.100-4006          Personnel
        $ + 775.00 $ 5,915.00                  4010.489-4006          Fringe Benefits
        $- 1,000.00 $            0.00          4010.200-4006          Equipment
        $+1,250.00 $ 1,500.00                  4010.400-4006          Contractual
        $- 250.00 $           750.00           4010.579-4006          Lead Testing
Vote: Passes 8-0.
RESOLUTION NO. 365 Motion by Larison, Second by Bingell.
RE: AUTHORIZE INCREASE IN STAFF PSYCHIATRIST SALARY FOR 2006 – COMMUNITY
        SERVICES
        WHEREAS, the full-time staff psychiatrist position in the Mental Health Clinic is a professional
position which requires that salary increases be approved by the Legislature, and
        WHEREAS, the position is currently filled by Dr. Mihai Dascalu at an annual salary of $122,500, which
salary has remained unchanged since January 1, 2004, and
        WHEREAS, the retention of a full-time psychiatrist is crucial to the operation of the Mental Health
Clinic, both financially and in the delivery of mental health services, and
        WHEREAS, the salary increase is included in the proposed 2006 Mental Health budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves a salary
increase for the full-time staff psychiatrist position in the amount of $7,500 annually, from $122,500 to
$130,000 annually, effective January 1, 2006.
Vote: Passes 8-0.
RESOLUTION NO. 366 Motion by Larison, Second by Bingell.
RE: AUTHORIZE CREATION OF A PARALEGAL POSITION - DISTRICT ATTORNEY
194                                  SCHUYLER COUNTY LEGISLATURE
        WHEREAS, the Confidential Secretary position in the District Attorney’s Office has undergone
significant changes in duties over the past eight years and said duties now meet the criteria of a Paralegal
position, and
        WHEREAS, it is the recommendation of the Public Safety/Criminal Justice Committee and the County
Administrator to create a Paralegal position in the District Attorney’s Office.
        NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the creation of a full-
time Paralegal position in the District Attorney’s Office, Grade Level XXV, with a starting rate of $17.52 per
hour, effective immediately, and
        BE IT FURTHER RESOLVED, that the position of Confidential Secretary to the District Attorney will
remain vacant and unfunded while the position of Paralegal is occupied.
Vote: Passes 8-0.
RESOLUTION NO. 367 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH WESLEY ROE, ESQ. FOR LEGAL SERVICES – PUBLIC
        DEFENDER’S OFFICE
        WHEREAS, due to various conflicts of interest, multiple defendants or multiple party cases and
overload cases, it would be beneficial to the county to enter into a contract for services with attorney Wesley
Roe, Esq.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Wesley Roe, Esq. for the Public Defender’s Office for conflicts of interest, multiple
defendants or multiple party cases and overload cases which the present conflict attorney, James E. Halpin, LLP
is unable to handle, for the period November 1, 2005 to December 31, 2005, at a rate of $1,250 per month;
subject to approval of the Schuyler County Attorney.
Vote: Passes 8-0.
RESOLUTION NO. 368 Motion by Bleiler, Second by Larison.
RE: DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU
        WHEREAS, the New York Office of Children and Family Services (OCFS) allows the County Chief
Executive to delegate authority to their County’s Youth Bureau Directors to sign all amendments to their
County’s approved allocation plan,
        WHEREAS, Schuyler County has already given authority to their Youth Bureau Director to sign
amendments to the fullest extent of his/her authority by OCFS standards.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize
its Chairman to delegate authority to the Schuyler County Youth Bureau Director to sign OCFS amendments to
the Schuler County approved Resource Allocation Plan after approval from the Schuyler County Youth Board
and with appropriate reporting to the Human Service Committee of the Legislature.
Vote: Passes 8-0.
RESOLUTION NO. 369 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR
        2006 AND RELATED CONTRACTS – YOUTH BUREAU
        WHEREAS, the Schuyler County Youth Bureau has prepared and the Schuyler County Board has
approved a Resource Allocation Plan for the year 2006 and recommends approval thereof.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign the Resource Allocation Plan and to execute all other documents pertinent to the operation of the Schuyler
County Youth Bureau for the year 2006 within budgeted allocations; subject to approval of the Schuyler County
Attorney, as follows:
                       Cornell Cooperative Extension
                       Catholic Charities of the Southern Tier
                       Council on Alcoholism of the Finger Lakes Region
                       Community Dispute Resolution Center
Vote: Passes 8-0.
RESOLUTION NO. 370 Motion by Bleiler, Second by Larison.
                                       PROCEEDINGS OF THE YEAR 2005                                        193
RE: RESOLUTION REQUESTING FUNDING FOR COURT APPOINTED SPECIAL ADVOCATE
         (CASA) – YOUTH BUREAU
         WHEREAS, the Schuyler County Youth Board has approved a Resource Allocation Plan for the year
2006 and it does not include funding for CASA, and
         WHEREAS, the Human Services Committee is requesting funding for CASA out of the 2006 budget
appropriations.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports appropriating
funds in the amount of $4,500 for CASA in the 2006 Budget.
Vote: Passes 8-0.
RESOLUTION NO. 371 Motion by Larison, Second by Bingell.
RE: APPOINTMENTS – YOUTH BOARD
         BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of the
following individual to the Schuyler County Youth Board for the terms as set forth below:
                                        January 1, 2006-December 31, 2008
                                                    Mary Wilson
                                        January 1, 2006-December 31, 2006
                                                    Charlotte Hall
                                                     Judah Baker
Vote: Passes 8-0.
RESOLUTION NO. 372 Motion by Larison, Second by Bingell.
RE: AUTHORIZE CONTRACT RENEWALS FOR 2006 WITH PROBATION, PUBLIC HEALTH,
         MENTAL HEALTH AND SOCIAL SERVICES FOR THE FAMILIES FIRST PROGRAM-YOUTH
         BUREAU
         WHEREAS, the Youth Bureau is the coordinating department of the Families First program, and
         WHEREAS, each of the following departments (Social Services, Mental Health, Public Health, and
Probation) have money in their respective budgets to support the Families First program for the year 2006.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into contract renewals with the following departments for the year 2006, subject to the approval of the
Schuyler County Attorney:
                                           Department of Social Services
                                                   Mental Health
                                                    Public Health
                                                      Probation
Vote: Passes 8-0.
RESOLUTION NO. 373 Motion by Larison, Second by Bingell.
RE: LOCAL LAW INTRO. NO. 8 OF THE YEAR 2005 SETTING SALARIES FOR CERTAIN PUBLIC
         OFFICERS FOR THE YEAR 2006
         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. 8 of the year 2005 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, 2005 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street,
Watkins Glen, NY.
                              LOCAL LAW INTRO. NO. 8 OF THE YEAR 2005
         A Local Law Setting Salaries for Certain Public Officers for the Year 2006.
         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, 2006.
         2.      The following public officers are subject to the provisions hereof:
194                                  SCHUYLER COUNTY LEGISLATURE
        County Administrator                          $83,634
        Personnel Officer                             $42,593
        County Attorney                               $51,427
        Assistant County Attorney                     $68,548
        Assistant County Attorney                     $61,264
        Conf. Sec’y. to County Attorney               $39,021
        Commissioner of Social Services               $61,603
        Clerk of the Legislature                      $40,171
        Deputy Clerk of the Legislature               $33,138
        Real Property Tax Director                    $50,469
        Public Defender                               $75,849
        Assistant Public Defender                     $37,925
        Commissioner of Board of Elections            $ 8,000
        Commissioner of Board of Elections            $ 8,000
        Deputy Comm. of Board of Elections            $28,500
        Deputy County Treasurer                       $33,276
        3.      This Local Law shall not take effect until at least 45 days after its adoption in accordance with
                County Law Section 201 and Municipal Home Rule Law Section 24.
Vote: Passes 8-0.
RESOLUTION NO. 374 Motion by Karius, Second by Bingell.
RE: ACCEPT PROPOSAL AND AUTHORIZE CONTRACT WITH VENESKY & COMPANY FOR THE
        COUNTY’S COST ALLOCATION PLAN – TREASURER’S OFFICE
        WHEREAS, in order to provide the Department of Social Services and the Public Health Department
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 provide this service at an annual cost of $12,000, 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 three year contract with Venesky & Company for the for the County’s Cost Allocation Plan for the
term January 1, 2006 through December 31, 2008, funding to be made available in the 2006 budget account no.
1325.435-Professional Fees & Services; subject to approval of the Schuyler County Attorney.
Vote: Passes 8-0.
RESOLUTION NO. 375 Motion by Karius, Second by Bingell.
RE: AUTHORIZE ONE-YEAR EXTENSION WITH NATIONWIDE RETIREMENT SOLUTIONS FOR
        TRUST SERVICE AND ADMINISTRATION OF THE COUNTY’S 457 DEFERRED
        COMPENSATION MODEL PLAN
        WHEREAS, Section 9003.5 of the Rules and Regulations of the New York State Deferred
Compensation Board requires solicitation of proposals from administrative service agencies relating to trust
service, administration and/or funding of a Deferred Compensation Plan every five years -or- up to two (2) one-
year extensions of current contracts, and
        WHEREAS, it is the recommendation of the County Administrator and Human Resources Director that
the County opt for a one-year renewal of the current contract for said services.
        NOW, THEREFORE, BE IT RESOLVED, in accordance with the Rules and Regulations of the New
York State Deferred Compensation Board, the County of Schuyler hereby authorizes a one-year renewal with
Nationwide Retirement Solutions for Trust Service and Administration of the County’s 457 Deferred
Compensation Model Plan for the term December 28, 2005 through December 27, 2006; subject to approval of
the Schuyler County Attorney.
Vote: Passes 8-0.
RESOLUTION NO. 376 Motion by Karius, Second by Bingell.
RE: RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE
        YEAR 2006 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE
                                       PROCEEDINGS OF THE YEAR 2005                                         193
        WHEREAS, the State Board of Real Property Services has established the County tax levy pursuant to
Title 2 of Article 8 of the Real Property Tax Law, and a certificate of these rates has been received.
        NOW, THEREFORE, BE IT RESOLVED, that the equalization rates for the 2005 Assessment Roll be
adopted and the 2005 County equalization rates for the general levy and apportionment from the State Board of
Real Property Services be entered in the minutes as follows:
        TOWN OF CATHARINE                       88.00                  TOWN OF MONTOUR              88.00
        TOWN OF CAYUTA                          95.00                  TOWN OF ORANGE               92.00
        TOWN OF DIX                             91.00                  TOWN OF READING              91.00
        TOWN OF HECTOR                          80.00                  TOWN OF TYRONE               87.00
Vote: Passes 8-0.
RESOLUTION NO. 377 Motion by Fagan, Second by Bingell.
RE: SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING
        OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT
        BE IT RESOLVED, that the Public Hearing on the Assessment Roll for the year 2005, for the budget
year of 2006, for the Lamoka/Waneta Lakes Protection and Rehabilitation District shall be held on November
21, 2005 at 6:25 p.m. in the Court Room on the second floor of the Court House, County Office Building, 105
Ninth Street, Watkins Glen, NY and the Clerk of the Legislature is hereby authorized and directed to publish the
Notice of Public Hearing as required by Section 270 of the County Law in the official newspaper of the County,
and the Clerk is further directed to forward a certified copy of this resolution to the Attorney for the
Lamoka/Waneta Lakes Protection and Rehabilitation District, A. Thomas Galloway II, Esq., Orrick, Herrington
& Sutcliffe, LLP, Fifth Avenue, New York, NY 10103: Christine Kane, Clerk, Steuben County Legislature; the
Director of Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer.
Vote: Passes 8-0.
RESOLUTION NO. 378 Motion by Fagan, Second by Bingell.
RE: RESOLUTION TO AUTHORIZE THE COUNTY TREASURER TO PERMIT THE
        CANCELLATION OF INTEREST AND PENALTIES – REAL PROPERTY TAX
        WHEREAS, Section 1182 of the Real Property Tax Law (RPTL) makes provision for the county
legislature to authorize the cancellation of interest and penalties by resolution, and
        WHEREAS, the Governmental Operations Committee has determined that it is in the best interests of
the tax district to cancel the interest and penalties due on a 2005 tax owed by the Tyrone United Methodist
Church for parcel 55.05-1-22 in the Town of Tyrone.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
County Treasurer to cancel said interest and penalties, and to accept payment of the original amount due.
Vote: Passes 8-0.
RESOLUTION NO. 379 Motion by Fagan, Second by Bingell.
RE: AUTHORIZE SUBMISSION OF A 2006-2007 LOCAL GOVERNMENT RECORDS
        MANAGEMENT IMPROVEMENT FUND APPLICATION FOR MICROFILMING PROBATION
        RECORDS
        BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all
contracts relative to a 2006-2007 Local Government Records Management Improvement Fund grant application
for funds not to exceed the sum of $75,000 for Microfilming Probation Records project; subject to the approval
of the Schuyler County Attorney.
Vote: Passes 8-0.
RESOLUTION NO. 380 Motion by Bleiler, Second by Bingell.
RE: ACCEPT PROPOSAL FOR OIL AND GAS LEASING OF COUNTY OWNED LAND – BUILDINGS
        AND GROUNDS
        WHEREAS, Schuyler County had an oil and gas lease on certain county-owned land, and
        WHEREAS, the renewal was received and the Public Works Committee recommends acceptance of the
one proposal.
        NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the
proposal from Fortuna Energy, Inc. for oil and gas leasing on certain county owned lands as follows:
194                                    SCHUYLER COUNTY LEGISLATURE
Tax Map #92.00-2-24
Tax Map #92.00-2-26, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a
lease agreement with Fortuna Energy, Inc. as set forth above, effective immediately, in the amount of $50 per
acre for the first year and $5 per acre thereafter, for a term of five years; subject to approval of the Schuyler
County Attorney.
Vote: Passes 8-0.
RESOLUTION NO. 381 Motion by Bleiler, Second by Bingell.
RE: APPROVAL OF THE OFFICE FOR THE AGING 2006 ANNUAL IMPLEMENTATION PLAN FOR
        THE OLDER AMERICANS ACT AND NYS COMMUNITY SERVICES FOR THE ELDERLY
        PROGRAMS
        WHEREAS, the Schuyler County Legislature has established an Office for the Aging in Schuyler
County, and
        WHEREAS, the Office for the Aging is required to submit an Annual Implementation Plan which
includes plans for programs operated by the Office for the Aging, as follows:
                      Title IIIB of the Older American’s Act
                      Titles IIIC1 and IIIC2 of the Older American’s Act
                      Title IIID of the Older American’s Act
                      Title IIIE of the Older American’s Act
                      Title V of the Older American’s Act
                      Title VII of the Older American’s Act
                      The Weatherization Referral & Packaging Program
                      Health Insurance Information, Counseling and Assistance Program
                      Community Services for the Elderly Program
                      Congregate Services Initiative Program
                      Home Energy Assistance Program
                      Expanded In-Home Services for the Elderly Program (EISEP)
                      Supplemental Nutrition Assistance Program (SNAP)
                      NYS Long Term Care Ombudsman Program,
                      State Pharmacy Assistance Programs (SPAP),
                      York State Long Term Care Insurance Education and Outreach Program LTCIEOP), and
        WHEREAS, the Plan requires approval by the Schuyler County Legislature before submitting the Plan
in December 2005, and
        WHEREAS, the Public Hearing on the Annual Implementation Plan was held on October 18, 2005 at
11:00 AM at the Offices of the Schuyler County Office for the Aging as required, and
        WHEREAS, no Federal and/or New York State funding will be available until the plan has been
approved by the Schuyler County Legislature and submitted to the NYS Office for the Aging and approved,
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be
hereby authorized to sign those funding applications necessary to carry out the services provided by the
Schuyler County Office for the Aging, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign those
contracts and agreements necessary to carry out the service provided by the Schuyler County Office for the
Aging upon review by the Schuyler County Attorney.
Vote: Passes 8-0.
RESOLUTION NO. 382A Motion by Slusser, Second by Karius.
RE: MOTION TO TABLE RESOLUTION NO. 382
        BE IT FURTHER RESOLVED, that Resolution No. 382 be tabled for further discussion.
Vote: Passes 7-1. No: Bleiler.
        MOTION by Legislator Bleiler to go into Executive Session to discuss employee work history,
SECOND by Legislator Bingell. Motion carried eight ayes to zero noes.
                                       PROCEEDINGS OF THE YEAR 2005                                             193
        MOTION by Legislator Larison to come out of executive session, SECOND by Legislator Bingell.
Motion carried eight ayes to zero noes.
Legislature Bingell left meeting at 9:00 p.m.
        MOTION by Legislator Larison to remove Resolution No. 382 from the table, SECOND by Legislator
Bleiler. Motion carried six ayes to one no. No: Slusser.
RESOLUTION NO. 382 Motion by Bleiler, Second by Bingell.
 RE: AUTHORIZE CREATION OF DEPUTY DIRECTOR POSITION AND APPOINTMENT THERETO
        – OFFICE FOR THE AGING
        WHEREAS, the Schuyler County Office of the Aging (SCOFA) serves the needs of persons sixty years
and older residing the County, and
        WHEREAS, there are over twenty (20) different categories of services by SCOFA including but not
limited to home delivered meals, congregate meals, in-home services, case management, nutritional education
and counseling, legal assistance, senior center activities, assistance with heating bills, home weatherization, and
health promotion under approximately twelve different programs from the State and Federal governments, and
seventeen different funding streams, and
        WHEREAS, SCOFA has recently overhauled its entire financial accounting process which has provided
for improved financial accountability, and has further been in the process over the last several months of
carefully reviewing the needs of the Office with the proposal of several new positions, and
        WHEREAS, SCOFA has increased not only the number of programs and services provided with an
increase in the annual budget with little or no increase in direct financial support of the County, and
        WHEREAS, in the process of reviewing the overall needs and requirements of the Office, it has been
determined that a position of Deputy Director is needed and would include supervision of selected programs as
well as overall financial services for the Office, and that said position would include the authority to act in the
capacity of the Director in the absence of or at the direction of the Director, and
        WHEREAS, upon recommendation of the Director of SCOFA with the endorsement of the County
Administrator, Wendy Wolcott meets the qualifications of the new position and is recommended to fill the
position of Deputy Director for the Schuyler County Office for the Aging.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
creation of a Deputy Director position in the Office for the Aging, to be placed in Grade Level F of the
Management/Confidential Salary Plan with a hiring range of $34,161 to $42,386, with a factor rating as
follows:,
        Factor I                       Accountability                  60
        Factor II                      Complexity of Duties            90
        Factor III                     Experience/Knowledge            60
        Factor IV                      External Contacts               45
        Factor V                       Independent Judgment            75
        Factor VI                      Internal Contacts               30
        Factor VII                     Impact on Programs/Admin. 25
        Factor VIII                    Interpersonal Skills            60
        Factor IX                      Supervision/Leadership          125
        TOTAL                                                          570 = Grade F, and
        BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby acknowledges the
appointment by Robert Dunphy, SCOFA Director of Wendy Wolcott as Deputy Director at an annual salary of
$36,500, effective immediately, and
        BE IT FURTHER RESOLVED, that the Coordinator of Services for the Aging position be abolished.
Vote: Passes 7-0.
RESOLUTION NO. 383 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE CREATION OF AN AGING SERVICES CASE SUPERVISOR POSITION – OFFICE
        FOR THE AGING
        WHEREAS, the Schuyler County Office of the Aging (SCOFA) serves the needs of persons sixty years
and older residing in the County, and
194                                   SCHUYLER COUNTY LEGISLATURE
         WHEREAS, included among its many programs are the provision of in-home services for housekeeping
and personal care, case management for individual clients, and the provision of caregiver services to those who
attend to the needs of older citizens, as well as the provision of educational, respite, and support group activities
for all these services, and
         WHEREAS, to fully implement all of the above services it is necessary to meet numerous accounting
and reporting requirements, securing and monitoring of subcontractors as necessary, the development of other
care provider servers in the County, the need to collect and distribute new caregiver information as necessary,
and provide overall supervision of all of these services and services by a Case Supervisor Grade B, in addition
to being able to directly provide some of these services, and
         WHEREAS, upon recommendation and review of the Schuyler County Human Resources and Civil
Service, a position entitled Aging Services Case Supervisor should be created to assist providing, promoting,
developing, monitoring, and supervising of such services, and
         WHEREAS, the position would be a full-time position (35 hours) and be classified as Civil Service level
Grade Level XXIV with an hourly rate of $17.27.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
creation of the new position of Aging Services Case Supervisor at the Civil Service level XXIV with the
beginning pay of $17.27 per hour for SCOFA, and
         BE IT FURTHER RESOLVED, that the OFA Case Supervisor-Grade B position be abolished.
Vote: Passes 8-0.
RESOLUTION NO. 384 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE CREATION OF AN AGING SERVICES CASEWORKER POSITION – OFFICE FOR
         THE AGING
         WHEREAS, the Schuyler County Office of the Aging (SCOFA) serves the needs of persons sixty years
and older residing in the County, and
         WHEREAS, included among its many programs are the provision of in-home services for housekeeping
and personal care, case management for individual clients, and the provision of caregiver services to those who
attend to the needs of older citizens, as well as the provision of educational, respite, and support group activities
for all these services, and
         WHEREAS, to fully implement all of the above services it is necessary to provide case management and
other caseworker services to persons in need to determine if such persons are eligible for in-home services of
personal care and housekeeping as well as provision of services for caregivers and those persons that they care
for, and to provide and coordinate such services for persons, and
         WHEREAS, upon recommendation and review of the Schuyler County Human Resources and Civil
Service, a position entitled Aging Services Caseworker should be created to assist providing of such services,
and
         WHEREAS, the position would be a full-time position (35 hours) and be classified as Civil Service level
Grade Level XXII with an hourly rate of $15.92.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
creation of the new position of Aging Services Caseworker to be the Civil Service level XXII with the
beginning pay of $15.92 per hour for SCOFA.
Vote: Passes 8-0.
RESOLUTION NO. 385 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE CREATION OF AN INFORMATION PROCESSING SPECIALIST POSITION –
         OFFICE FOR THE AGING
         WHEREAS, the Schuyler County Office of the Aging (SCOFA) serves the needs of persons sixty years
and older residing in the County, and
         WHEREAS, there are over twenty (20) different categories of services by SCOFA including but not
limited to home delivered meals, congregate meals, in-home services, case management, nutritional education
and counseling, legal assistance, senior center activities, assistance with heating bills, home weatherization, and
health promotion under approximately twelve different programs from the State and Federal government, and
                                      PROCEEDINGS OF THE YEAR 2005                                           193
        WHEREAS, the New York State Office for the Aging pursuant to direction from federal authorities has
required each Area Agency on Aging including SCOFA to electronically enhance collection, retention, and
transmission of such information, requiring the acquisition and use of new and complex database software, and
        WHEREAS, the SCOFA receives nearly all of its instructions, manuals, memoranda, technical
assistance and general correspondence from NYSOFA as well as other similar information in such format from
other aging associations, and
        WHEREAS, there is a great need to have a position created to address these new electronic demands
placed upon this Office, and
        WHEREAS, upon recommendation and review of the Schuyler County Human Resources and Civil
Service, a position entitled Information Processing Specialist should be created to provide processing of all the
electronic data received in accordance with the requirements of NYSOFA and the general electronic needs of
SCOFA, and
        WHEREAS, the position would be a full-time position (35 hours) and be classified as Civil Service
grade level XII with a beginning pay of $12.80 an hour
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
creation of the new position of Information Processing Specialist at the Civil Service grade level XII with the
beginning pay of $12.80 for SCOFA.
Vote: Passes 8-0.
RESOLUTION NO. 386 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE CREATION OF AN INSURANCE COUNSELING COORDINATOR POSITION -
        OFFICE FOR THE AGING
        WHEREAS, the Schuyler County Office of the Aging (SCOFA) serves the needs of persons sixty years
and older residing in the County, and
        WHEREAS, included among its many programs are health insurance counseling, assistance in regards
to Medicare, Medicaid, retirement benefits, and Social Security under the auspices of the Health Insurance and
Information Counseling Program (HIICAP), and
        WHEREAS, with recent changes in benefits laws, the introduction of Medicare Part D, and changes in
the requirements in training, volunteer recruitment and supervision, data collection, and reporting requirements
by the New York State Office for the Aging, there have been substantial increases in compliance requirements
for the proper operation of this program, and
        WHEREAS, after careful review of the present and future work needs for SCOFA under HIICAP, it has
been determined that a new position is needed by SCOFA to meet this commitment to its clients, and
        WHEREAS, upon recommendation and review of the Schuyler County Human Resources and Civil
Service, a position entitled Insurance Counseling Coordinator should be created to provide the necessary
counseling training, recruitment, supervision, data collection, and reporting requirements for HIICAP, and
        WHEREAS, the position would be a part-time position (20 hours) and be classified as Civil Service
level XIII with a beginning pay of $13.06 an hour.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
creation of the new position of Insurance Counseling Coordinator at the Civil Service grade level XIII with the
beginning pay of $13.06 an hour for SCOFA.
Vote: Passes 8-0.
RESOLUTION NO. 387 Motion by Bingell, Second by Yuhasz.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR COORDINATOR OF FISCAL
        OPERATIONS AND BUDGETARY PLANNING POSITION – HEALTH SERVICES
        WHEREAS, Schuyler County Community Services and Public Health have a vacant Coordinator of
Fiscal Operations and Budgetary Planning position due to Diane Habeck resigning.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledges the appointment by George
Roets, Director of Community Services and Public Health, of Dianne G. Thomaris as the Coordinator of Fiscal
Operations and Budgetary Planning position at an annual salary of $49,651, effective November 28, 2005, said
position is in Grade Level F of the Management/Confidential Salary Plan.
Vote: Passes 8-0.
194                                 SCHUYLER COUNTY LEGISLATURE
RESOLUTION NO. 388 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE SUBMISSION OF A 2006-2007 LOCAL GOVERNMENT RECORDS
        MANAGEMENT IMPROVEMENT FUND APPLICATION FOR FILES MANAGEMENT OF CIVIL
        SERVICE/HUMAN RESOURCES PERSONNEL FILES
        BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all
contracts relative to a 2006–2007 Local Government Records Management Improvement Fund grant
application for funds not to exceed the sum of $75,000 for a Files Management Project for the Civil
Service/Human Resources Offices pertaining to inactive personnel files; subject to the approval of the Schuyler
County Attorney.
Vote: Passes 8-0.
RESOLUTION NO. 389 Motion by Larison, Second by Bingell.
RE: AMEND RESOLUTION NO. 304-05 TITLED “AUTHORIZE REVISION OF RECORDS
        MANAGEMENT PROGRAM”
        WHEREAS, Resolution No. 304-05 had the Records Manager position reporting to the County
Administrator, and
        WHEREAS, it is now the recommendation of the County Administrator that said position now report to
the County Clerk.
        NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 304-05 be amended to change the
Whereas
to now read as follows with the change in Bold:
        “WHEREAS, it is the recommendation of the County Administrator and Human Resources Director that
the Records Manager position be revised to assume the responsibilities of Records Management Officer,
include grant writing and other administrative responsibilities, and report to the County Clerk”.
Vote: Passes 8-0.
RESOLUTION NO. 390 Motion by Larison, Second by Bingell.
RE: ACCEPT/REJECT BIDS FOR THE PURCHASE OF MOBILE COMMAND/911 TRAILER
        EMERGENCY MANAGEMENT
        WHEREAS, Resolution No. 333 authorized the Emergency Management Coordinator to advertise for
bids for the Purchase of a Mobile Command/911 Trailer, and
        WHEREAS, bids were opened November 4, 2005 and reviewed with the recommendation being made
by the Emergency Management Coordinator to accept the low bid in the amount of $119,600 from Mobile
Concepts by Scotty.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign
the above contracts, funding available in 3020.299-3021; subject to approval by the Schuyler County Attorney.
Vote: Passes 8-0.
RESOLUTION NO. 391 Motion by Larison, Second by Bingell.
RE: AUTHORIZE APPOINTMENTS – LABOR/MANAGEMENT COMMITTEE
        BE IT RESOLVED, that this Legislature approve the appointment of the following positions to the
Labor/Management Committee for the years 2005 and 2006, to wit:
                                           Chairman of the Legislature
                                             County Administrator
                                           Human Resources Director
Vote: Passes 8-0.
RESOLUTION NO. 392 Motion by Yuhasz, Second by Larison.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE DEPUTY DIRECTOR OF
        COMMUNITY SERVICES
        WHEREAS, Schuyler County Community Services has a vacant Deputy Director of Community
Services position, due to M. Shawn Rosno resigning.
        NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledges the appointment by George
Roets, Director of Community Services and Public Health, of Pamela G. Larnard as the Deputy Director of
Community Services, at an annual salary of $46,500-prorated 21 hours per week = $27,900, effective
                                       PROCEEDINGS OF THE YEAR 2005                                             193
November 21, 2005, said position is in Grade Level H of the Management/Confidential Salary Plan.
Vote: Passes 8-0.
RESOLUTION NO. 393 Motion by Yuhasz, Second by Larison.
RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – FUND
        BALANCE
        BE IT RESOLVED, that the Tentative Budget for 2006 be altered and modified by the appropriation of
$26,375 Fund Balance.
Vote: Passes 8-0.
RESOLUTION NO. 394 Motion by Yuhasz, Second by Larison.
RE: AUTHORIZE CONTRACT WITH DIANE HABECK – HEALTH SERVICES
        WHEREAS, due to the resignation of Diane Habeck the Community Services and Public Health
Departments is without a fiscal position, and
        WHEREAS, a Coordinator of Fiscal Operations and Budgetary Planning has been hired and would
benefit from consultation with Diane Habeck, and
        WHEREAS, funds are available in the 2005 County budget account no. 4310.435 to pay for this service.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
enter into a contract with Diane Habeck for consultation services at a rate of $75 an hour, in an amount not to
exceed $2,000.00, starting immediately, through December 31, 2005; subject to the approval of the Schuyler
County Attorney.
Vote: Passes 8-0.
UNFINISHED BUSINESS: None.
NEW BUSINESS:
        The Clerk to the Legislature discussed the recent mailing the Legislative office received in regards to
signing up for an optional year round Clothing Sales Tax Exemption. If Counties want to participate the
deadline for signing up is fast approaching. Legislator Bleiler wanted to know what the financial impact was if
the County decided to do it and was not willing to accept the exemption without knowing what impact it will
cause. Legislator Slusser agreed. County Administrator O’Hearn said that if the County did not do anything
then nothing will change. The County has budgeted based on current sales tax information. Legislator Slusser
asked if we could get additional information. Legislator Bleiler indicated that there was a separate budget line
showing the amount. Legislators Slusser moves for no motion to be taken on signing up for the exemption at
this time.
REPORT ON STANDING COMMITEES:
        Legislator Larison reported on the Fish & Wildlife Committee which he recently attended a conference.
He reported that all DEC officers will be in uniform now. They will also have phones in their homes to find out
about emergencies quicker. There is now a Habitat Stamp available and the cost is $5 for it. When someone
purchases hunting or fishing licenses, money is allocated to each division. There are some projects near us that
are being paid by these funds for handicap parking access. If anyone wants a Habitat Stamp they can get one
without getting a hunting or fishing license. He also attended a meeting for the Conservation Department in
regards to the Wet Lands being reduced to less than acre and there was some voting on this issue.
        Legislator Bleiler reported on the Human Services Committee. He announced that he is pleased with the
Families First Program and will have more information to present in the near future. He offered a clarification
of the Families First Program. He spoke of the Youth Board as it is kind of unique and is made up of people in
the County interested in the development of youth in county. There is a State Law that requires certain agencies
to participate (ie: probation, administer, cross section of County), but there is also youth on the board too. They
have by-laws, etc. and he was pleased to announce that the 2006 president of the board will be Judah Baker who
is a youth who has been active on the Board. He is very impressed that he will be the new president.
        Legislator Bingell reported on the Public Works Committee. She indicated that the Highway and
Building and Grounds Departments are doing well and is pleased to make this announcement.
        Legislator Slusser reported on the Management & Finance Committee. He asked Administrator
O’Hearn if the County’s proposed Budget was on the County website yet and if it was the performance based
version. Administrator O’Hearn replied with a yes to both questions.
194                                   SCHUYLER COUNTY LEGISLATURE
        Legislator Bleiler notified the audience of the County website address: www.schuylercounty.us
        Legislator Fagan reported on the Community Development & Natural Resources Committee. He
attended an informational session in the Town of Orange regarding a Windpower project which is a 25 million
dollar project that is occurring in Steuben County. He heard all positive comments about the project which will
be located in the Town of Hornby and Orange, which are in rural areas. This is a huge project for the County.
The Environmental review will be out in the next few weeks.
COUNTY ADMINISTRATOR’S REPORT:
        County Administrator O’Hearn let everyone know that the Performance Based Budget was on the
website, it shows a .34% increase but this will change after this evening’s action. The Council of Government
meeting is coming up this Wednesday, November 16, 2005. They will be presenting the draft agreement in
regards the Board of Elections HAVA.
        Gordon Swarthout inquired if the paralegal position in the District Attorney’s office is an additional
person. Chairman Gifford told him that this was not a new person, just a new title for an existing person.
        The Meeting adjourned: 9:17 pm
                Stacy B. Husted, Clerk
                Sharlene A. Parker, Deputy Clerk

                                            PUBLIC HEARING
                                           NOVEMBER 21, 2005

        The November 21, 2005 Public Hearing for the Waneta/Lamoka Lakes Protection and Rehabilitation
District was called to order at 6:25 p.m. by Chairman Gifford. All Legislators were present. County Attorney
Coleman and County Administrator Timothy O’Hearn, were also present. No comments were made by the
public.
        The Public Hearing adjourned at 6:30 p.m.
               Stacy B. Husted, Clerk
               Sharlene A. Parker, Deputy Clerk

                                            PUBLIC HEARING
                                           NOVEMBER 21, 2005

       The November 21, 2005 Public Hearing on the 2006 Tentative Budget was called to order at 6:30 p.m.
by Chairman Gifford. All Legislators were present. County Attorney Coleman and County Administrator
Timothy O’Hearn, were also present.
       Chairman Gifford received a letter from Professor Thomas Sinclair, MPA Director of the Binghamtom
University, praising the County Budget process. He read the letter out loud. See copy of the letter in the
meeting file.
       Administrator O’Hearn presented the budget through a PowerPoint format. He unveiled the 2006
budget. He indicated that it represents a significant advance. He gave thanks to the Legislature because of
embracing the idea of a performance based budget. He is proud of the outcome. He also acknowledged his
Confidential Secretary, Heather Lodge and the County Treasurer, Margaret Starbuck. The two of them put in
tremendous effort in putting it into this format. He also gave thanks to Randy Deal for getting the Performance
Based budget on the County website. There are very few governments that have reached this level. He also
gave thanks to all Department Heads. In regards to the change of the budget, having a Performance Based
budget takes it beyond just line items. It shows what we spend the money on by outcomes of spending. You
should be able to pick up the Performance Based budget and you will see it is much smaller and easier to read.
He indicated that in order to have reached this outcome, Department Heads divided up into teams to tackle this
process in the beginning. They named themselves with the teams and as they moved forward each made
progress.
       Stacy Husted, Clerk to the Legislature, made a presentation to discuss the Team she was on which
named themselves, the REFORMERS. Her team was made up of small departments such as Civil Service,
                                      PROCEEDINGS OF THE YEAR 2005                                           193
Probation, Buildings & Ground, Records Management, Legislature and Purchasing. The team reformed the old
version of the Performance Bused Budget into a template that had the first page for each department contain a
budget summary in a table for each program title along with a mission statement at the top and a pie chart at the
bottom. The following pages had a table template for program names, measures and outcomes.
        Tom Bloodgood, Director of Real Property Tax, made a presentation discussing his team called the
REACTIONARIES. He shared a fun lymric to get everyone excited about the process. His team was involved
in the defining of the programs and finding the meaning to measure them. They developed a guideline to
identify the programs and how to measure them. He said it was a three step process: define the mission
statement, take a look at what you are doing now, and third define the major function that defines the mission
statement. They asked questions about the programs such as; Is it important? Is it Valuable? And is it valuable
to the County members?
        Robert Dunphy, Office for the Aging Director, presented for his team called the REVOLUTIONARIES.
His team was involved in measuring the programs. What does it cost and how well do we do it? Why we are
here and what we are doing? There are over 30 departments in the County. We were clear to not re-invent the
wheel, so we looked to other agencies to help with this process. An example of that is that we looked over the
internet and reviewed United States Government website resources. He feels that they will be evolutionary over
the years to come with what they have come up with for the budget.
O’Hearn said that this was not your typical Budget presentation. He said he was very fortunate to be living in
this community and working here too. He shared examples of typical County Government Budgets on
PowerPoint as a comparison to Schuyler’s. He offered a sample of the Budget summary page. He discussed
the challenge of matching up in the future of the performance. He gave an example of what you would see
when you visit the Schuyler County Performance Based Budget on the web and how to navigate it on the site.
He also had some discussion about the zero percent increase in the tax rate for 2006. He explained how the
expenses and revenues are listed per department area. This helps tax payers see what you are paying per area of
the County. He praised the District Attorney’s performance measures the he came up with and also reviewed
the Probation Department. He then had some additional 2006 Budget overview highlights. He shared that the
web based version conversion from word might not line up perfect but they are still working on it. He reviewed
the reasons for the increase in the tax levy. Health insurance, fuel costs, highway reconstruction and
rehabilitation are some of the reasons. The Board of Elections budget has an increase due to the Help America
Vote Act (HAVA). In closing, O’Hearn said this is a tight budget for next year. The Legislature should be
commended for their keen value of the dollar. There is no reduction of services, the tax rate is the same and we
can improve on the overall quality of what we do.
        Harvey Bishop of Tyrone asked how the Town of Cayuta managed to drop their tax rate? O’Hearn
explained that this is because of their equalization rate. It is assessment based. There is not a large value of
home sales in that area. He suggested that Mr. Bishop speak to the Town Assessor. If everyone was assessed at
the fair market value, property reevaluation, then the problem would go away. Mr. Bishop asked what impact
the Star Exemption gives them? O’Hearn said it depends on if you are a senior or not. If you lower the
equalization rate, then you lower your tax rate benefit.
        Chairman Gifford gave thanks to Administrator O’Hearn.
        The Public Hearing adjourned at 7:35 p.m.
                Stacy B. Husted, Clerk
                Sharlene A. Parker, Deputy Clerk
.
                                             SPECIAL MEETING
                                             NOVEMBER 21, 2005

       The November 21, 2005 Special Meeting of the Schuyler County Legislature was called to order at 7:35
p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Slusser and followed by a Moment
of Silence. All Legislators were present. County Attorney Coleman and County Administrator Timothy
O’Hearn, was also present.
PUBLIC PARTICIPATION: None.
194                                    SCHUYLER COUNTY LEGISLATURE
PUBLIC HEARING ON LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 5 OF THE YEAR 2005
AMENDING LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE
(FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE): None.
RESOLUTION NO. 395 Motion by Bingell, Second by Larison.
RE: RATIFICATION OF SPECIAL MEETING
        BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon
the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the
following items of business:
        1.      LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 5 OF THE YEAR 2005 AMENDING
                LOCAL LAW NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY
                KNOWN AS AN ECONOMIC DEVELOPMENT ZONE)
        2.      ADOPTION OF THE 2006 BUDGET
Vote: Passes. 8-0.
RESOLUTION NO. 396 Motion by Bingell, Second by Fagan.
RE: LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 5 OF THE YEAR 2005 AMENDING LOCAL LAW
        NO. 2 OF THE YEAR 2004 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN
        ECONOMIC DEVELOPMENT ZONE)
        WHEREAS, a proposed Local Law amending Local Law No. 2 of 2004 to revise an Empire Zone
(Formerly Known as an Economic Development Zone) was heretofore introduced and appropriate notice
established in the official newspaper regarding a public hearing to be held November 21, 2005 at 7:37 p.m., and
        WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this
Legislature has duly considered the adoption and passage of said Local Law.
        NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 6/Local Law No. 5 of the Year
2005, 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. 5 of the Year 2005, together with
the required text thereof in the official county newspaper.
                      LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. 5 OF THE YEAR 2005
        BE IT ENACTED, by the Schuyler County Legislature of the County of Schuyler, New York, as
follows:
Section 1.      By Local Law No. 12-2000, this Legislature authorized an applicant for the designation of an
                Economic Development Zone relative to certain land within Schuyler County.
Section 2.      That Local Law No. 1-2001, adopted January 30, 2001, amended Local Law 12-2000.
Section 3.      That the County of Schuyler has received Economic Development Zone approval from New
                York State.
Section 4.      By Local Law No. 1-2003, adopted on February 27, 2003, the Economic Development Zone was
                expanded.
Section 5.      By Local Law No. 2-2004, adopted on June 14, 2004, amended Local Law 1-2003.
Section 6.      It is the desire of this Legislature to authorize an application to revise the Economic
                Development Zone, now called an Empire Zone, to include 988.109 acres located in Schuyler
                County.
Section 7.      The County of Schuyler is hereby authorized to submit an application to revise the Empire Zone
                to include the property described in Section 7 of this Local Law.
Section 8.      The boundary of the Empire Zone, as described in Local Law No. 12-2000, Local Law No. 1-
                2001, and Local Law 1-2003, shall be expanded to include the properties generally described In
                Appendix A attached:
Section 9.      The Commissioner of the New York State Department of Economic Development is hereby
                requested to revise the boundaries of the Empire Zone in accordance with this Local Law.
Section 10.     In all other respects, Local Law No. 12-2000, Local Law No. 1-2001, Local Law No. 1-2003,
                and Local Law No. 2-2004, shall remain in full force and effect.
Section 11.     This Local Law shall take effect upon filing in the Office of the Secretary of State.
                                     PROCEEDINGS OF THE YEAR 2005                                           193
Vote: Passes. 8-0.
RESOLUTION NO. 397 Motion by Bingell, Second by Fagan.
RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2006
        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 2006 would be held at 6:30 P.M. on November
21, 2005, in the upstairs Main Court Room of the Court House, Watkins Glen, NY, and
        WHEREAS, the above-mentioned Public Hearing was held on November 21, 2005 at said time and
place.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2006 as presented by
the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the
Schuyler County Legislature, to raise $8,399,708.00 by tax levy, be adopted.
Vote: Passes. 7-1. No: Karius
DISCUSSION: Legislator Karius read from a statement giving the reason why she was voting no on the
budget. She disagreed to giving more money to the Finger Lakes Wine County. See copy of the letter in the
meeting folder.
RESOLUTION NO. 398 Motion by Bingell, Second by Fagan.
RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED
        "2006"
        WHEREAS, the Schuyler County Legislature by Resolution No. 397, dated November 21, 2005, has
adopted a budget for fiscal year 2006.
        NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the
column entitled "2006" as amended, be, and the same hereby are, appropriated for the objects and purposes
specified, effective January 1, 2006.
Vote: Passes. 8-0
RESOLUTION NO. 399 Motion by Bingell, Second by Fagan.
RE: 2006 BUDGET OF $33,482,175.00: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO
        COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN
        BE IT RESOLVED, pursuant to the Real Property Tax Law Section 900, as amended by Chapter 828 of
the Laws of 1985, that this Legislature by December 31, 2005, levy the taxes for the County upon the basis of
the full valuation of the taxable real property in accordance with Title 2, Article 8, the contribution of each
Town to County taxes, and
        BE IT FURTHER RESOLVED, that the Chairman issue not later than December 31, 2005 the required
certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler
County.
Vote: Passes. 7-1. No: Karius
PUBLIC PARTICIPATION: None.
        The Meeting adjourned at 7:41 P.M.
                 Stacy B. Husted, Clerk
                 Sharlene A. Parker, Deputy Clerk

                                           REGULAR MEETING
                                           DECEMBER 12, 2005

       The December 12, 2005 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan and followed by a Moment
of Silence. All Legislators were present. County Attorney Coleman and County Administrator Timothy
O’Hearn, were also present.
PUBLIC PARTICIPATION: None.
7:00 P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. 6 OF THE YEAR
2005 AUTHORIZING THE SCHUYLER COUNTY LEGISLATURE TO MAKE APPLICATION FOR
194                                  SCHUYLER COUNTY LEGISLATURE
RE-DESIGNATION OF CERTAIN AREAS WITHIN SCHUYLER COUNTY AS AN EMPIRE ZONE.:
None.
7:05 P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 8 OF THE YEAR 2005/LOCAL LAW
NO. OF THE YEAR 2006 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE
YEAR 2006.: None.
RESOLUTION NO. 400 Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE NOVEMBER 9, 2005 SPECIAL MEETING, THE NOVEMBER 14,
        2005 REGULAR MEETING, THE TWO (2) NOVEMBER 21, 2005 PUBLIC HEARINGS, AND THE
        NOVEMBER 21, 2005 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
        BE IT RESOLVED, that minutes of the November 9, 2005 Special Meeting, the November 14, 2005
Regular Meeting, the two (2) November 21, 2005 Public Hearings, and the November 21, 2005 Special Meeting
of the Schuyler County Legislature be approved.
Vote: Passes. 8-0.
RESOLUTION NO. 401 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE OUT OF STATE TRAVEL FOR LISA MILLSPAUGH TO ATTEND A CONFERENCE
        IN ATLANTA, GEORGIA IN MARCH 2006 - PUBLIC HEALTH
        WHEREAS, New York State Association of County Health Officials (NYSACHO) is holding National
Immunization Conference in Atlanta, George from March 6-9, 2006 and
        WHEREAS, NYSACHO covers the cost of the training and travel, and
        WHEREAS, traveling out of state requires Legislative approval.
        NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorize out of state travel for Lisa
Millspaugh to attend the National Immunization Conference in Atlanta, Georgia, at no cost to the County, on
March 6-9, 2006.
Vote: Passes. 8-0.
RESOLUTION NO. 402 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE CREATION AND FILLING OF TWO FULL-TIME SENIOR DATA ENTRY
        MACHINE OPERATOR POSITIONS – PUBLIC HEALTH AND COMMUNITY SERVICES
        WHEREAS, the Public Health Department and the Community Services Department have two Data
Entry Machine Operator positions that are shared equally between the departments, and
        WHEREAS, the job duties related to these positions have become increasingly more responsible since
they were created, and
        WHEREAS, reclassification of these positions to titles that properly encompass the scope of the job
duties currently being performed by the incumbents is warranted, and
        WHEREAS, there is funding available in the 2005 Public Health and Community Services budgets and
the 2006 budgets to fund the new positions.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
Director of Public Health and Community Services to create and fill two (2) full-time Senior Data Entry
Machine Operator positions, Grade XII at $12.80 per hour, to be shared equally between the two departments,
effective December 12, 2005, and
        BE IT FURTHER RESOLVED, that the two (2) Data Entry Machine Operator positions be abolished
upon the filling of the Senior Data Entry Machine Operator positions.
Vote: Passes. 8-0.
RESOLUTION NO. 403 Motion by Yuhasz, Second by Bingell.
RE: RECOGNIZE JANUARY 2006 AS CATARACT AWARENESS MONTH - PUBLIC HEALTH
        WHEREAS, cataracts are the leading cause of vision impairment worldwide, and
        WHEREAS, more than 20.5 million Americans age 40 and older have cataracts, and
        WHEREAS, technological advances have made most vision impairment from cataracts reversible, and
        WHEREAS, the American Academy of Ophthalmology and Eye MDs throughout the United State want
all Americans to know the facts on cataracts and that they don’t have to live with vision impairment caused by
cataracts.
                                     PROCEEDINGS OF THE YEAR 2005                                         193
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes January 2006
as Cataract Awareness Month to help develop greater public awareness of the importance of eye care for the
residents of Schuyler County.
Vote: Passes. 8-0.
RESOLUTION NO. 404 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH CORNELL COOPERATIVE EXTENSION FOR
        BIOTERRORISM PLANNING – PUBLIC HEALTH
        WHEREAS, bioterrorism planning continues to be required by the New York State Department of
Health, and
        WHEREAS, Cornell Cooperative Extension is able to provide services relating to animal surveillance
and epidemiology as part of the bioterrorism preparedness plan.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with Cornell Cooperative Extension, effective September 1, 2005 through August 30,
2006 at an amount not to exceed $1,500, funds available in the Public Health Bioterrorism grant budget,
account no. 4010.400-4030, at no local share cost, subject to approval by the Schuyler County Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 405 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH SCHUYLER COUNTY EMERGENCY MANAGEMENT FOR
        BIOTERRORISM PLANNING – PUBLIC HEALTH
        WHEREAS, bioterrorism planning continues to be required by the New York State Department of
Health, and
        WHEREAS, Schuyler County Emergency Management is able to provide services as required as part of
the bioterrorism plan in conjunction with Department of Health requirements.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with the Schuyler County Emergency Management Office, effective September 1, 2005
through August 30, 2006, at an amount not to exceed $7,000, funds available in the Public Health Bioterrorism
Grant budget, account no. 4010.400-4030, with no local share cost, subject to approval by the Schuyler County
Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 406 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH ARNOT OGDEN MEDICAL CENTER FOR PRESCHOOL
        SERVICES FOR 2005 - 2006 – PUBLIC HEALTH
        WHEREAS, Schuyler County is required to provide preschool special education services and related
therapy services to children determined to be in need of such services, and
        WHEREAS, Arnot Ogden Medical Center is able to provide the related therapy services (physical
therapy, occupational therapy, and speech therapy) for children residing in Schuyler County, and
        WHEREAS, the rate for related therapy services will be $65.00 per 30 minute session.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with Arnot Ogden Medical Center for the provision of children’s preschool therapy
services, effective December 1, 2005 through June 30, 2006, renewable annually, funding available in the
Public Health budget, account 2960.400, subject to approval by the Schuyler County Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 407 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH WINSTEAD & SANDRITTER OCCUPATIONAL &
 PHYSICAL THERAPY, PLLC – PUBLIC HEALTH
        WHEREAS, the Home Health Agency requires the services of Physical Therapists from time to time,
and
        WHEREAS, Winstead & Sandritter Occupational & Physical Therapy, PLLC is able to provide services
as required, and
        WHEREAS, the Home Health Agency has funds available in the budget for the balance of 2005 and for
2006.
194                                  SCHUYLER COUNTY LEGISLATURE
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with Winstead & Sandritter Occupational & Physical Therapy, PLLC, effective
immediately through December 31, 2006, at an hourly rate of $60.00, funds available in the Public Health
budget, covered by the Home Care revenues, subject to approval by the Schuyler County Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 408 Motion by Larison, Second by Bingell.
RE: AUTHORIZE INTERMUNICIPAL AGREEMENT WITH MONROE, LIVINGSTON, STEUBEN,
        YATES, SCHUYLER, CHEMUNG, ONTARIO, WAYNE AND SENECA COUNTIES -
        COMMUNITY SERVICES
        WHEREAS, the County Health Departments of the Finger Lakes area all have responsibilities for public
health emergency planning and response, and
        WHEREAS, some public health problems may require public health services that exceed the capacities
of the individual County Public Health Department, and
        WHEREAS, the County Health Departments of the Finger Lakes Counties are desirous of establishing
an intermunicipal agreement to provide mutual aid to each other during a public health emergency.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with Monroe, Livingston, Steuben, Yates, Chemung, Ontario, Wayne and Seneca
Counties, effective July 1, 2005 through June 30, 2010, subject to approval by the Schuyler County Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 409 Motion by Larison, Second by Bingell.
RE: AUTHORIZE CONTRACT EXTENSION WITH THE OFFICE OF NEW YORK STATE
        EMERGENCY MANAGEMENT OFFICE (SEMO) AND AUTHORIZE AGREEMENT WITH
        SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT (STCRP&D) BOARD
        TO COMPLETE THE HAZARD MITIGATION PLAN – EMERGENCY MANAGEMENT
        WHEREAS, Resolution 166-03 authorized the Schuyler County Emergency Management office to apply
for funding under a Disaster Mitigation Planning Grant for Fiscal Year 2003 (FY03), and
        WHEREAS, the project completion deadline was September 30, 2005, and
        WHEREAS, Schuyler County has requested an extension to July 31, 2006 from New York SEMO and
FEMA to complete the project, and
        WHEREAS, New York SEMO and FEMA has approved the requested for extension, and
        WHEREAS, the remaining grant funds will pay for an agreement with a contractor to work on
completing this project, and
        WHEREAS, the STCRP&D Board has agreed to provide such contractor services.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a grant
contract extension to expire July 31, 2006 with the Office of New York SEMO, and any and all documents
relative to Emergency Management hiring said contractor, funding available in account no. 3689.400-3690;
subject to approval by the Schuyler County Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 410 Motion by Larison, Second by Bingell.
RE: AUTHORIZE GRANT APPLICATION FOR UNITED STATES HOMELAND SECURITY
        COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM (CEDAP) – EMERGENCY
        MANAGEMENT
        WHEREAS, the US Homeland Security is accepting applications for CEDAP, and
        WHEREAS, the Emergency Management Office wishes to apply for a Thermal Imaging Camera under
this program.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all documents relative to the US Homeland Security Commercial Equipment Direct Assistance
Program (CEDAP), subject to the approval of the Schuyler County Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 411 Motion by Larison, Second by Bingell.
RE: AUTHORIZE APPLICATION TO UNITED STATES TOBACCO COMPANY’S (USSTC),
                                      PROCEEDINGS OF THE YEAR 2005                                        193
        OPERATION RANGER DONATION PROGRAM – EMERGENCY MANAGEMENT
        WHEREAS, the U.S. Tobacco Company is accepting applications for the Operation Ranger donation
program to assist America’s emergency first responders, by providing a Polaris Ranger 6x6 utility vehicle to
emergency service organizations, and
        WHEREAS, the Emergency Management Office wishes to apply for a Polaris Ranger 6x6 utility vehicle
under this program.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all documents relative to the U.S. Tobacco Company’s (USSTC), Operation Ranger Donation
Program, subject to the approval of the Schuyler County Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 412 Motion by Larison, Second by Bingell.
RE: AUTHORIZE RENEWAL OF SERVICE AGREEMENT WITH MOTOROLA FOR THE 911
        CONSOLES FOR 2006 - EMERGENCY MANAGEMENT
        WHEREAS, the renewal term of the Motorola service agreement has changed from thirteen months to
twelve months so it will run concurrent with the calendar year, and
        WHEREAS, the service agreement has also decreased by $647.50 for a total annual amount of
$14,415.60.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Motorola for the Emergency Management Department for 911 Console Maintenance for
the term January 1, 2006 through December 31, 2006, in the amount of $14,415.60, funding available in the
2006 Emergency Management budget account no. 3689.435, subject to approval of the Schuyler County
Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 413 Motion by Larison, Second by Bingell.
RE: AUTHORIZE FIVE-YEAR CONTRACT RENEWAL WITH THE UNITED STATES DEPARTMENT
        OF AGRICULTURE FOR PATROL SERVICES IN THE FINGER LAKES FOREST – SHERIFF’S
        DEPARTMENT
        WHEREAS, the United State Department of Agriculture wishes to renew its contract with the Schuyler
County Sheriff’s Department for a period of five (5) years, and
        WHEREAS, this agreement will include renewable annual fiscal and operating plans.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign an
agreement between the United States Department of Agriculture and the Schuyler County Sheriff’s Department
to provide specialized law enforcement services for a total of $5,000.00 annually for the term of October 1,
2005 through September 30, 2010; subject to the approval of the Schuyler County Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 414 Motion by Larison, Second by Bingell.
RE: AUTHORIZE CREATION AND FILLING OF A FULL-TIME DEPUTY SHERIFF SERGEANT
        POSITION – SHERIFF’S DEPARTMENT
        WHEREAS, due to restructuring and reassignment of personnel within the Sheriff’s Department it is
necessary to create a full-time Deputy Sheriff Sergeant position, and
        WHEREAS, it is necessary to have adequate supervision on nights and evening shifts, and
        WHEREAS, it is a liability for the County not to have adequate supervision of employees, and
        WHEREAS, the Sheriff intends to promote from within and will abolish the vacant Deputy Sheriff
position that occurs when the promotion is made, and
        WHEREAS, funding is available in the 2006 budget due to reassignment of personnel.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
Sheriff to create and fill a Deputy Sheriff Sergeant position in the Sheriff’s Department at an hourly rate of
$16.37, effective January 1, 2006, and
        BE IT FURTHER RESOLVED, that the vacant Deputy Sheriff position created is hereby abolished.
Vote: Passes. 8-0.
RESOLUTION NO. 415 Motion by Larison, Second by Bingell.
194                                   SCHUYLER COUNTY LEGISLATURE
RE:     AUTHORIZE AGREEMENT WITH WESLEY ROE, ESQ. – PUBLIC DEFENDER’S OFFICE
        WHEREAS, the Public Defender’s Office anticipates receiving indigent legal services revenues for the
year 2006 in the form of a $37,000.00 grant, and
        WHEREAS, due to various conflicts of interest, multiple defendants or multiple parties and overload
cases, it would be beneficial to the county to enter into a contract for services with Attorney Wesley Roe.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with Wesley Roe, Esq. for the Public Defender’s Office for conflicts of interest, multiple
defendants or multiple parties and Public Defender’s Office overload cases for the period January 1, 2006 to
December 31, 2006, at a rate of $2,500.00 per month plus mileage, funding available in the 2006 Public
Defender’s Office budget account no. 1170.400-Contractual Services ILSF (mileage available in account
number 1170.430); subject to approval of the Schuyler County Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 416 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE THE CREATION AND FILLING OF A EMPLOYMENT PROGRAM SPECIALIST
        POSITION IN THE DEPARTMENT OF SOCIAL SERVICES
        WHEREAS, the federal government provides 50% of the cost of Temporary Assistance for Needy
Families (TANF) payments, with the state and local government each being responsible for 25% of the cost,
and
        WHEREAS, the federal government has established a five-year time limit for TANF, and
        WHEREAS, Article XVII of the New York State Constitution requires the state to care for those in
need, and
        WHEREAS, any TANF recipient who exceeds the five-year federal limit will become the responsibility
of the state and local government for such assistance as is needed, meaning a 50% state share and a 50% local
share, and
        WHEREAS, the Schuyler County Department of Social Services assists recipients of TANF payments in
obtaining gainful employment in order to reduce the client’s dependence on the government for assistance, and
        WHEREAS, funding is available in 2006 from the state and federal governments through the Flexible
Fund for Family Services to pay for the entire cost of a new position to assist TANF recipients in obtaining
employment, and
        WHEREAS, funds are budgeted for the position in the Department’s 2006 budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
Commissioner of Social Services to create and fill a Employment Program Specialist position at Grade XXI at a
2006 rate of $15.83 an hour, effective January 1, 2006, subject to availability of 100% state and federal funding,
and
        BE IT FURTHER RESOLVED, that this new position will be reviewed by the Human Services
committee twelve months after it is filled to determine its effectiveness.
Vote: Passes. 8-0.
RESOLUTION NO. 417 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE CERTIFICATION OF THE 2004 COST ALLOCATION PLAN – SOCIAL SERVICES
        BE IT RESOLVED, that the Schuyler County Legislature hereby accept the 2004 Cost Allocation Plan
prepared by DMG Maximus for Schuyler County Department of Social Services’ claiming of county-wide
administrative costs and maintenance in lieu of rent in 2006, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to certify the
plan to the NYS Office of Temporary and Disability Assistance.
Vote: Passes. 8-0.
RESOLUTION NO. 418 Motion by Bleiler, Second by Larison.
RE: AMEND 2005 BUDGET FOR DAY CARE SUBSIDY AND HEAP PROGRAMS – SOCIAL
        SERVICES
        WHEREAS, the Department of Social Services expects to exceed its 2005 budgets for Day Care and
HEAP, and
        WHEREAS, the department expects increased revenue for these accounts.
                                      PROCEEDINGS OF THE YEAR 2005                                       193
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
make the following changes in the Department of Social Services 2005 Budget:
AMOUNT                  ACCOUNT NO.              DESCRIPTION
+$80,000                6055.400                 Day Care
+$80,000                6141.400                 HEAP
+$80,000                6055-4655                Day Care Revenues
+$80,000                6141-4641                HEAP Revenues
Vote: Passes. 8-0.
RESOLUTION NO. 419 Motion by Bleiler, Second by Karius.
RE: AUTHORIZE AGREEMENT WITH CORNELL COOPERATIVE EXTENSION FOR PINS
        DIVERSION SERVICES – SOCIAL SERVICES
        WHEREAS, the Department of Social Services has been designated as lead agency for PINS Diversion
and
        WHEREAS, the Department of Social Services has funds available through the Flexible Fund for
Family Services to pay for a Parenting Educator through Cornell Cooperative Extension to provide services
designed to reduce the number of PINS Diversion referrals.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract between the County’s Department of Social Services and the Cornell Cooperative Extension
in the amount of $7,500 for the services of a Parenting Educator for the period October 1, 2005 through
December 31, 2005, funding available in the Department of Social Services account no. 6010.522; subject to
approval by the Schuyler County Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 420 Motion by Bleiler, Second by Karius.
RE: AUTHORIZE 2005-2006 AGREEMENT WITH CORNELL COOPERATIVE EXTENSION FOR THE
        FOOD STAMP NUTRITION PROGRAM – SOCIAL SERVICES
        WHEREAS, the New York State Office of Temporary and Disability Assistance by letter dated October
5, 2005 notified the Department of Social Services of the approval of Cornell Cooperative Extension’s Food
Stamp Nutrition Plan (FSNEP) program in the amount of $191,500 ($95,750 non-federal funds and $95,750
federal funds) for the period October 1, 2005 through September 30, 2006.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract between the Department of Social Services and Cornell Cooperative Extension for the New
York State Food Stamp Nutrition Education Plan for the period October 1, 2005 through September 30, 2006,
funding available in the Department of Social Services account no. 6010.566; subject to approval by the
Schuyler County Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 421 Motion by Bleiler, Second by Karius.
RE: AUTHORIZE AGREEMENT WITH THE YOUTH BUREAU FOR YOUTH COURT SERVICES –
        SOCIAL SERVICES
        WHEREAS, the Department of Social Services has been designated as lead agency for PINS Diversion,
and
        WHEREAS, the Department has funds available through the Flexible Fund for Family Services to pay
for expanded youth court services through the Schuyler County Youth Bureau, and
        WHEREAS, this program will serve the TANF purpose to prevent and reduce the number of
unnecessary and costly use of detention services for young children.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract between the Department of Social Services and the Schuyler County Youth Bureau in the
amount of $13,500 for youth court services for the period January 1, 2006 through December 31, 2006; funding
available in the Department of Social Services account no. 6010.552; subject to approval by the Schuyler
County Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 422 Motion by Bleiler, Second by Yuhasz.
194                           SCHUYLER COUNTY LEGISLATURE
RE:    AUTHORIZE AGREEMENT WITH THE YOUTH BUREAU FOR TWO CRISIS PREVENTION
       WORKERS – SOCIAL SERVICES
       WHEREAS, the Department of Social Services has been designated as lead agency for PINS Diversion,
and
        WHEREAS, the Department of Social Services has funds available through the Flexible Fund for
Family Services to contract with the Schuyler County Youth Bureau for PINS Diversion services to include two
Crisis and Prevention (CAP) workers dedicated to the immediate crisis response of youth and their families, and
        WHEREAS, there has been an increase in the number of older teens being referred for PINS petitions,
 and
        WHEREAS, there is a need to pay special attention to not only the needs of this older group of children,
but to work diligently within the family to forestall the possible derivative effects of disruption on younger
siblings.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract between the Department of Social Services and the Schuyler County Youth Bureau in the
amount of $100,000 for the PINS Diversion services to include two CAP workers for the period January 1, 2006
through December 31, 2006; funding available in the Department of Social Services account no. 6010.552;
subject to approval by the Schuyler County Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 423 Motion by Bleiler, Second by Yuhasz. – AS AMENDED BY RESOLUTION NO.
128-06
E:      AMEND RESOLUTION NO. 423-05 TITLED - AUTHORIZE 2005-2006 AGREEMENT WITH THE
        WATKINS GLEN YOUTH CENTER (CATHOLIC CHARITIES) FOR AN AFTER SCHOOL
        PROGRAM – SOCIAL SERVICES

        WHEREAS, the Schuyler County Department of Social Services has a contract with the Watkins Glen
Youth Center (Catholic Charities) for an after school program, and
        WHEREAS, this contract is currently funded by the Flexible Fund for Family Services (FFFS), allocated
for Temporary Assistance for Needy Families, and
        WHEREAS, under the Flexible Fund for Family Services (FFFS) the same funding can be used for
PINS/JD Prevention without regard to family income, and
        WHEREAS, Schuyler County’s teen pregnancy rate for 15-19 year olds is 58.2/1000, and
        WHEREAS, the Schuyler County Legislature wishes to reduce the incidents of teenage pregnancy in the
County as outlined in it’s Families First Expansion Plan, and
        WHEREAS, the Watkins Glen Youth Center, (Catholic Charities), a local services facility, provides
enhanced programs in such areas as homework assistance, domestic violence prevention, mentoring and other
positive role modeling services for children at or at risk of early pregnancy.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an amended agreement between the Department of Social Services and the Watkins Glen Youth Center,
(Catholic Charities) in the amount of $10,000 for the period September 1, 2005 through June 30, 2006; funding
available in the Department of Social Services account no. 6010.552; subject to approval by the Schuyler
County Attorney.

Vote: Passes. 8-0.
RESOLUTION NO. 424 Motion by Bleiler, Second by Yuhasz.
RE: RESOLUTION URGING NEW YORK STATE TO USE AN ASSET TEST TO DETERMINE THE
        ELIGIBILITY OF HEAP APPLICANTS – SOCIAL SERVICES
        WHEREAS, the Low-Income Home Energy Assistance Program (HEAP) is a federally funded energy
assistance program that provides assistance with heating bills to income eligible households helping them to
cope with the higher fuel bills of winter, and
                                         PROCEEDINGS OF THE YEAR 2005                                           193
         WHEREAS, with the anticipated increase in fuel costs this year, Schuyler County will be trying to
accommodate many more people and would like to be sure those needing the assistance will be able to receive
it, and
         WHEREAS, New York State is the applicant and administrator of this federally funded program and has
the ability to use an asset test to determine eligibility, which it does not do.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges New York State
to begin using an asset test to determine eligibility for potential clients therefore making those most in need able
to utilize the funding first, and
         BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to Senator George
H. winner, Jr., Assemblyman Thomas F. O’Mara, and the New York State Association of Counties.
         Legislator Fagan asked if it had been determined if this was intended to look beyond household income.
County Administrator O’Hearn replied, by saying yes, but it depended on the type of award. The history of
applicants in Schuyler was reviewed and no one has missed the deadline. The current pool of money has
always covered all applicants. This year will be different because there is a hardship with money being
available to the number of applicants. Legislator Fagan said that it sounded like the information is too difficult
to clarify in resolution.
Vote: Passes. 8-0.
RESOLUTION NO. 425 Motion by Fagan, Second by Bingell.
RE: LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. 6 OF THE YEAR 2005 AUTHORIZING THE
         SCHUYLER COUNTY LEGISLATURE TO MAKE APPLICATION FOR RE-DESIGNATION OF
         CERTAIN AREAS WITHIN SCHUYLER COUNTY AS AN EMPIRE ZONE
         WHEREAS, Local Law Intro. No. 7/Local Law No. 6 of the Year 2005 Authorizing the Schuyler
County Legislature to make Application for Re-designation of Certain Areas within Schuyler County as an
Empire Zone was heretofore introduced and appropriate notice established in the official newspaper regarding a
public hearing to be held December 12, 2005 at 7:05 p.m., and
         WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this
Legislature has duly considered the adoption and passage of said Local Law.
         NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 7/Local Law No. 6 of the Year
2005, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
         BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the
passage, enactment and adoption of Local Law Intro. No. 7/Local Law No. 6 of the Year 2005, together with
the required text thereof in the official county newspaper.
                       LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. 6 OF THE YEAR 2005
         BE IT ENACTED, by the Legislature of the County of Schuyler, as follows:
         Section 1.     SCOPED is hereby authorized and empowered to submit an application for redesignation
of certain areas within Schuyler County as an Empire Zone; provided, however, that such authorization and
empowerment shall be conditioned upon the concurrence, through properly adopted resolution(s) with respect to
such application of the governing bodies of any and all towns and villages in which such zone is located.
         Section 2.     The boundaries of said areas to be included in said Empire Zone shall be as set forth in
Schedule A, which is on file in the meeting folder.
         Section 3.     Pursuant to requirements of Section 963(a) of the General Municipal Law, the County
Administrator shall continue to serve as the Local Empire Zone Certification Officer of Schuyler County
Empire Zone, and shall, pursuant to the regulations promulgated pursuant to Article 18-B of the General
Municipal Law, perform the following duty, to wit: certify, jointly with the New York State Commissioner of
Economic Development and the New York State Commissioner of Labor, those businesses enterprises that are
eligible to receive those benefits referred to in Section 966 of the General Municipal Law, and any other
applicable statutes.
         Section 4.     Pursuant to Article 18-B of the General Municipal Law, the Local Empire Zone
Administrative Board as presently constituted is hereby continued. The Local Empire Zone Administrative
Board, pursuant to Section 963(a) of the General Municipal Law, as amended, shall approve for certification by
the Zone Certification Officer, the New York State Commissioner of Economic Development, and the New
194                                  SCHUYLER COUNTY LEGISLATURE
York State Commissioner of Labor, the applications of those businesses eligible for certification to receive the
benefits referred to in Section 966 of the General Municipal Law, and shall perform all other duties required of
it pursuant to Section 963(b) of the General Municipal Law.
        Section 5.      This local law shall take effect upon filing in the Office of the Secretary of State as
provided by Section 27 of the Municipal Home Rule Law.
Vote: Passes. 8-0.
RESOLUTION NO. 426 Motion by Karius, Second by Fagan.
RE: AGREEMENT TO BE LOCAL SPONSOR FOR SNOWMOBILE TRAILS GRANT APPLICATION
        FOR SNOWMOBILE CLUBS FOR 2005-2006
        WHEREAS, four local snowmobile Clubs in the county wish to use the Schuyler County Government as
their authorized local sponsor for their grants, and
        WHEREAS, the Planning Department would be the administrator of the grants and the County
Treasurer would administer the grant funds, and
        WHEREAS, the Snowmobile Clubs will carry $1,000,000 in insurance with a copy filed in the Planning
Office, and
        WHEREAS, the Department of Environmental Conservation (DEC) will issue the trail permits to the
Snowmobile Clubs with the idea that there will be less needed grooming maintenance for the trails.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to be the
authorized local sponsor for four local Snowmobile Clubs in the county in the pursuit of Snowmobile Trails
Grant funds, and
        BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the
2005-2006 grant application.
DISCUSSION: Legislator Slusser asked why the County Planning Department was not the sponsor of the
Snowmobile Grant Application. Legislator Fagan indicated that historically they write the grants. Legislator
Bleiler said that the Planner Department is actually the Administrator of the program for the person that is
writing the grant. Legislator Slusser then asked if the dispute with the Landowners and the Snowmobile Clubs
had been resolved. Legislator Bleiler replied that nothing official in the form of a complaint had been noted. No
one had registered a formal complaint at this point.
Vote: Passes. 8-0.
RESOLUTION NO. 427 Motion by Karius, Second by Fagan.
RE: RESOLUTION DISCONTINUING AN APPLICATION FEE FOR NON-COMPETITIVE, LABOR,
        AND EXEMPT POSITIONS – CIVIL SERVICE
        WHEREAS, Resolution 322-89 authorized the Schuyler County Civil Service Department to impose a
$5.00 application fee for examination and non-competitive positions, and
        WHEREAS, Resolution 441-02 increased the application fee for non-competitive and labor positions to
$10.00, and
        WHEREAS, the imposition of said fees has created a financial hardship for residents of the county and
has been a detriment for recruiting for part-time, substitute, and entry-level positions,
        WHEREAS, the fee charged for applications is controlled by the local governing body, not New York
State Civil Service Law or Rules.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approve a change to
allow the Schuyler County Civil Service Department to immediately discontinue charging an application fee for
non-competitive, labor, and exempt positions, and
        BE IT FURTHER RESOLVED, that the current fees of $15 for competitive examinations and $25 for
Uniformed Officer examinations remain at their current level.
Vote: Passes. 8-0.
RESOLUTION NO. 428 Motion by Bingell, Second by Fagan.
RE: LOCAL LAW INTRO. NO. 8 OF THE YEAR 2005/LOCAL LAW NO. OF THE YEAR 2006
        SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2006
                                      PROCEEDINGS OF THE YEAR 2005                                               193
        WHEREAS, Local Law Intro. No. 8 of the Year 2005/Local Law No.                  of the Year 2006 Setting
Salaries for Certain Public Officers for the Year 2006 was heretofore introduced and appropriate notice
established in the official newspaper regarding a public hearing to be held December 12, 2005 at 7:00 p.m., and
        WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this
Legislature has duly considered the adoption and passage of said Local Law.
        NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 8 of the Year 2005/Local Law No.
        of the Year 2006, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
        BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the
passage, enactment and adoption of Local Law Intro. No. 8 of the Year 2005/Local Law No.               of the Year
2006, together with the required text thereof in the official county newspaper.
    LOCAL LAW INTRO. NO. 8 OF THE YEAR 2005/LOCAL LAW NO.                                  OF THE YEAR 2006
        A Local Law Setting Salaries for Certain Public Officers for the Year 2006.
        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, 2006.
        2.      The following public officers are subject to the provisions hereof:
        County Administrator                          $83,634
        Personnel Officer                             $42,593
        County Attorney                               $51,427
        Assistant County Attorney                     $68,548
        Assistant County Attorney                     $61,264
        Conf. Sec’y. to County Attorney               $39,021
        Commissioner of Social Services               $61,603
        Clerk of the Legislature                      $40,171
        Deputy Clerk of the Legislature               $33,138
        Real Property Tax Director                    $50,469
        Public Defender                               $75,849
        Assistant Public Defender                     $37,925
        Commissioner of Board of Elections            $ 8,000
        Commissioner of Board of Elections            $ 8,000
        Deputy Comm. of Board of Elections            $28,500
        Deputy County Treasurer                       $33,276
        3.      This Local Law shall not take effect until at least 45 days after its adoption in accordance with
                County Law Section 201 and Municipal Home Rule Law Section 24.
Vote: Passes. 8-0.
RESOLUTION NO. 429 Motion by Karius, Second by Fagan.
RE: AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261
        OF THE NEW YORK STATE TAX LAW
        WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax
receipts for the period April 1, 2005 through September 30, 2005, pursuant to Section 261 of the New York
State Tax Law, and the same has been apportioned to the various municipalities thereto.
        NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to
pay the respective towns and villages of Schuyler County those amounts listed on Exhibit "A" attached hereto.
Vote: Passes. 8-0.
RESOLUTION NO. 430 Motion by Bingell, Second by Bleiler.
RE: SET DATE - 2005 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE
        BE IT RESOLVED, that the final meeting of the year 2005 for the Schuyler County Legislature be held
on Wednesday, December 28, 2005, in the Legislative Chambers at 9:30 a.m. and that appropriate legal notice
be published in the official newspaper of the County.
Vote: Passes. 8-0.
RESOLUTION NO. 431 Motion by Bingell, Second by Bleiler.
194                               SCHUYLER COUNTY LEGISLATURE
RE:    SET DATE - 2006           ORGANIZATIONAL MEETING OF THE                      SCHUYLER COUNTY
       LEGISLATURE
       BE IT RESOLVED, that the 2006 Organizational Meeting of the Schuyler County Legislature shall be
held on Tuesday, January 3, 2006 in the Legislative Chambers at 9:30 a.m. and that appropriate legal notice be
published in the official newspaper of the County.
PROCEEDINGS OF THE YEAR 2005   193
194                                 SCHUYLER COUNTY LEGISLATURE
Vote: Passes. 8-0.
RESOLUTION NO. 432 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE CONTRACT RENEWAL WITH RSVP FOR MEDICAL TRANSPORTATION FOR
        VARIOUS COUNTY DEPARTMENTS FOR 2006
        WHEREAS, several Schuyler County departments utilize the services of RSVP for volunteer drivers for
medical transportation needs and for other volunteer services, and
        WHEREAS, it is desirable to have one contract, which encompasses all county departments versus
having separate contracts for each department.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into a Memorandum of Understanding with RSVP for volunteer drivers for medical transportation needs
and for other volunteer services to be used by various county departments, the only cost being mileage
reimbursement set at the prevailing rate established by the Internal Revenue Service (IRS), for the term January
1, 2006 through December 31, 2006; subject to approval of the Schuyler County Attorney.
DISCUSSION: Legislator Slusser inquired if everyone was aware that the IRS rates will be decreasing as of
January 1st 2006. County Administrator O’Hearn replied that he was aware of the new rates and changes.
Vote: Passes. 8-0.
RESOLUTION NO. 433 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH COUGHLIN & GERHART, LLP FOR LEGAL SERVICES -
        HUMAN RESOURCES
        BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an
agreement with Couglin & Gerhart, LLP for legal services for the Human Resources Department for the term
December 1, 2005 through December 31, 2006 at the following rates:
     $600/month retainer to provide general labor and personnel questions, updates on significant Statutes,
        one professional development in-service
     $125/hour for Associate; $175/hour for Partner to provide services relative to litigation, labor
        negotiations, hearings
     Any remaining retainer, then $150/hour for Associate and Partner to review and make modifications to
        Policies and Procedures manual, and
        BE IT FURTHER RESOLVED, that funding for said agreement is available in the 2006 Human
Resources Budget account no. 1430.435; agreement subject to approval of the Schuyler County Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 434 Motion by Larison, Second by Bingell.
RE: RESCIND RESOLUTION NO. 358-05/AUTHORIZE STIPULATION AGREEMENT WITH
        SCHUYLER COUNTY DEPUTY SHERIFF’S ASSOCIATION
        BE IT RESOLVED, that Resolution No. 358-05 titled “Authorize Stipulation Agreement with the
        Schuyler County Deputy Sheriffs’ Association” be hereby rescinded.
Vote: Passes. 8-0.
RESOLUTION NO. 435 Motion by Larison, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH JACOBSON’S STEEL WORKS – BUILDINGS AND
        GROUNDS
        WHEREAS, the District Attorney’s office has been remodeled and a new handicapped entrance ramp
installed, and
        WHEREAS, the ramp requires handrails to be in compliance with the American Disability Act.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
enter into a contract with Jacobson’s Steel Works for the fabrication and installation of aluminum handrails for
the amount of $5,200.00 to be paid from the Capital reserve account 004-0004-0878; contract subject to
approval by the Schuyler County Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 436 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE CONTRACT EXTENSION WITH THE OFFICE OF NEW YORK STATE PARKS,
                                       PROCEEDINGS OF THE YEAR 2005                                           193
         RECREATION AND HISTORICAL PRESERVATION – BUILDINGS & GROUNDS
         WHEREAS, Resolution 58-03 authorizes a contract for New York State Clean Water/Clear Air Act
Funds for Seneca Harbor Park that was to expire March 31, 2005, and
         WHEREAS, said funds were used for Seneca Harbor Park Phase II construction, and
         WHEREAS, Phase II construction came in under budget, and
         WHEREAS, the New York State Parks, Recreation and Historical Preservation has approved the use of
the remaining funds to be used on Seneca Harbor Park Phase III work to be done this summer, and
         WHEREAS, it took more time than originally planned to obtain required permits for Phase III, which
therefore delays construction until 2006, and
         WHEREAS, Resolution 97-05 extended the contract with New Your State Parks, Recreation and
Historical Preservation to December 31, 2005.
         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a
grant contract extension to expire December 31, 2006 with the Office of New York State Parks, Recreation and
Historical Preservation; subject to approval by the Schuyler County Attorney.
Vote: Passes. 8-0.
RESOLUTION NO. 437 Motion by Bingell, Second by Bleiler.
RE: ADOPT BUILDING TEMPERATURE POLICY - BUILDINGS AND GROUNDS
         WHEREAS, it is prudent to be conservative in the expenditure of County, State, and Federal funding,
and
         WHEREAS, the County has no policy set to govern the control of building temperatures, and
         WHEREAS, this procedure would be more efficiently achieved by a governing policy.
         NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislator hereby adopts the
following Building Temperature Policy to be implemented by the Buildings and Grounds Department.
                                 Schuyler County Building Temperature Policy
         In an effort to be cost conservative as well as recognizing the human element, when setting and
controlling building temperatures, the following policy is set for all buildings heated and cooled with tax
dollars.
Policy Back Ground
         The American Society of Heating, Refrigerating, and Air-condition Engineers (ASHRAE) Standard 55-
2004 titled, “Thermal Environmental Conditions for Human Occupancy”, specifies the combinations of indoor
space environment and personal factors that will produce thermal comfort conditions acceptable to 80% or more
of the occupants within a space. The 1992 version of the standard recommended the following temperatures:
68 to 74oF degrees during the winter and 73 - 79 oF degrees in the summer. The standard also recommends that
relative humidity be maintained between 30 and 60 percent. When these guidelines are written into OGS
(Office of General Services) leases, building owners are required to ensure these thermal parameters are met.
Office of General Services has voluntarily adopted the 1992 standard for state owned buildings.
         In addition, NYS Building Code section PM602.4 requires that indoor work spaces shall be supplied
with heat from September 15th to May 31st and maintain a minimum temperature of 65oF when spaces are
occupied.
Policy
         A. Each building will be set to maintain 70oF in the heating season and 76oF in the cooling season.
                1. Some buildings have multiple heating/cooling zones which for their inherent mechanical
                    differences may make some areas warmer or cooler than others, but all attempts will be made
                    to be consistent.
                2. When a majority of a building or zone runs at the set temperature any area that is in that
                    building or zone with a + or - of 2o of the set temperature will be deemed to be an acceptable
                    temperature.
         B. No electric space heaters are allowed, except when the following criteria have been met.
                1. When a written complain is filed about an area of a building being too cold or too hot, the
                    Schuyler County Building Maintenance Supervisor will monitor the area for one week to
                    track the temperatures. If the parameters set in the above section “A” cannot be met by
194                                  SCHUYLER COUNTY LEGISLATURE
                   further adjustment to the heating/ cooling system, the Building Maintenance Supervisor will
                   provide an alternate heating/cooling source.
                2. When an electric heater is allowed, it is not allowed to be under a desk or any other confined
                   area. The electric heater must be kept in a position so as to not create a tripping hazard or
                   where papers or other combustibles may fall on it.
                3. Any unauthorized electric heater will be removed by the Building Maintenance Supervisor
                   and upon request of the owner, will be returned to be taken home.
        C. When a building has a fully automated heating/cooling system, windows are not allowed to be
            opened. Opening windows can cause an imbalance of the system causing it to over heat or over cool
            the zone.
                1. If a window is observed or reported open the Building Maintenance Supervisor will notify in
                   writing the occupant of the room to keep the window closed.
                2. If an occupant continues to open the window after notification the Building Maintenance
                   Supervisor may turn that particular zone off to conserve energy and tax dollars.
DISCUSSION: Legislator Slusser inquired if there were still any open ends or clarifications needed on this new
policy. County Administrator O’Hearn replied that he had received clarifications from the Buildings and
Grounds Maintenance Supervisor in regards to the section “C” where the policy refers to “fully automated
heating/cooling system” and windows not being allowed to be opened. This was referring to the Mill Creek
Center and County Courthouse and the Courthouse addition only. Legislator Larison said that it should say that
in the resolution. O’Hearn said that this would be an option and that could be added. Legislator Larison said
that he was not supporting the resolution if it was not listed in that way. Legislator Bingell said that the County
building was not fully automated, so this was not ambiguous. Legislator Fagan reminded the Legislators that
with the building study, the heating and cooling will be addressed in regards to the heating issues and concerns.
Legislator Larison said he would like to move to table this resolution.
Vote: Passes. 8-0.
RESOLUTION NO. 438 Motion by Bingell, Second by Bleiler.
RE: AUTHORIZE TRANSFER OF FUNDS – BUILDINGS AND GROUNDS
        WHEREAS, account no. 1620.490-Subcontracts in the Buildings and Grounds 2005 budget is over-
expended, and
        WHEREAS, there are funds available in account no. 7110-Seneca Harbor Park to be transferred.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
make the following transfers.
        AMOUNT                 ACCOUNT NO.            DESCRIPTION
        -$ 1,541.33            7110.427               Maintenance Supplies
        -$ 200.00              7110.490               Subcontracts
        +$1,741.33             1620.490               Subcontracts
Vote: Passes. 8-0.
RESOLUTION NO. 439 Motion by Karius, Second by Fagan.
RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO CHARGED ON THE
        JANUARY, 2006, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE
        WHEREAS, the Town of Hector is desirous of having those delinquent in payment of water bills be
charged on the 2006 Town and County tax bill, per Town resolution No. 213, as a separate item for the amount
of the arrears.
        NOW, THEREFORE, BE IT RESOLVED, that the delinquent water bills for the Town of Hector be
added to the January, 2006, Town and County tax bills as a separate item for the amount of the arrears, provided
by Town Law, Article 12, Paragraph 198.
Vote: Passes. 8-0.
RESOLUTION NO. 440 Motion by Karius, Second by Fagan.
RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE
        CHARGED ON THE JANUARY, 2006, TOWN AND COUNTY TAX BILLS – REAL PROPERTY
        TAX SERVICE
                                      PROCEEDINGS OF THE YEAR 2005                                          193
        WHEREAS, certain property owners in the Town of Reading are delinquent in paying their sewer and
water bills, and
        WHEREAS, the Town of Reading is desirous of having those delinquent in payment of sewer and water
bills be charged on the 2006 Town and County tax bills as shown in the Town of Reading Resolution No. 63.
        NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of
Reading be added to the January, 2006, Town and County tax bill as a separate item for the arrears, as provided
by Town Law Section 198, subsection 1 (k).
Vote: Passes. 8-0.
RESOLUTION NO. 441 Motion by Karius, Second by Fagan.
RE: DESIGNATE SCHUYLER COUNTY AS LEAD AGENT FOR SEQR REVIEW FOR THE
        SCHUYLER COUNTY EMPIRE ZONE BOUNDARY REVISION
        WHEREAS, Schuyler County applied for and received designation as an Empire Zone, effective June 5,
2002, and
        WHEREAS, the County is eligible to amend the boundaries of the Zone on an annual basis through the
boundary revision application process, and
        WHEREAS, the boundary revision application process requires the county to complete a New York
State Environmental Quality Review (SEQR) for final determination.
        NOW, THEREFORE, BE IT RESOLVED, that Schuyler County shall serve as the lead agency in
completing the SEQR associated with the Schuyler County Empire Zone boundary revision application.
Vote: Passes. 8-0.
RESOLUTION NO. 442 Motion by Larison, Second by Bingell.
RE: APPOINTMENT - SCHUYLER CHIEF ASSISTANT DISTRICT ATTORNEY – 2006-2009
        BE IT RESOLVED, that this Legislature acknowledges the appointment by the 2006 District Attorney
Elect, Joseph Fazzary of Matthew C. Hayden as Chief Assistant District Attorney for a four-year term
commencing January 1, 2006 and ending December 31, 2009 at an annual salary of $63,422.
Vote: Passes. 8-0.
RESOLUTION NO. 443 Motion by Larison, Second by Bingell.
RE: APPOINTMENT - SCHUYLER ASSISTANT DISTRICT ATTORNEY – 2006-2009
        BE IT RESOLVED, that this Legislature acknowledges the appointment by the 2006 District Attorney
Elect, Joseph Fazzary of Peter F. Finnerty as Assistant District Attorney for a four-year term commencing
January 1, 2006 and ending December 31, 2009, at an annual salary of $22,278.
Vote: Passes. 8-0.
RESOLUTION NO. 444 Motion by Larison, Second by Bingell.
RE: APPOINTMENT – HIGHWAY SUPERINTENDENT - 2006-2009
        BE IT RESOLVED, that Gregory S. Mathews be appointed Highway Superintendent for a four-year
term commencing January 1, 2006 and ending December 31, 2009, at an annual salary of $55,060.
Vote: Passes. 8-0.
RESOLUTION NO. 445 Motion by Larison, Second by Bingell.
RE: APPOINTMENT – DEPUTY HIGHWAY SUPERINTENDENT – 2006-2009
        BE IT RESOLVED, that this Legislature acknowledges the appointment pursuant to County Law
Section 725 by the Highway Superintendent, Gregory S. Mathews of Rodney Jaynes as Deputy Highway
Superintendent for the period commencing January 1, 2006 and ending December 31, 2009, at an annual salary
of $44,426.
Vote: Passes. 8-0.
RESOLUTION NO. 446 Motion by Larison, Second by Bingell.
RE: APPOINTMENT – UNDERSHERIFF – 2006-2009
        BE IT RESOLVED, that this Legislature acknowledges the appointment pursuant to County Law
Section 652 by the 2006 Sheriff Elect, William E. Yessman, Jr. of Breck A. Spaulding as Undersheriff for the
period commencing January 1, 2006 and ending December 31, 2009, at an annual salary of $47,008, and
BE IT FURTHER RESOLVED, that Breck A. Spaulding be appointed Stop DWI Coordinator for Schuyler
County, effective January 1, 2006, at an annual rate not to exceed $5,000.
194                                   SCHUYLER COUNTY LEGISLATURE
Vote: Passes. 8-0.
RESOLUTION NO. 447 Motion by Larison, Second by Bingell.
RE: ACCEPT DONATIONS FOR THE FIRE CAUSE AND ORIGIN TEAM AND AMEND THE 2005
        BUDGET – EMERGENCY MANAGEMENT
        WHEREAS, the fire cause and origin team operates out of the Emergency Management Office to, assist
the Fire Departments with the investigation of fires, and
        WHEREAS, the Emergency Management Office has received a donation in the amount of $500.00 on
behalf of the fire cause and origin team.
        NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorize the Schuyler County
Emergency Management Office to accept donations on behalf of the fire cause and origin team, said funds to be
used for necessary supplies for the team, and
        BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the
Emergency Management 2005 budget as follows:
AMOUNT                  ACCOUNT NO.                          DESCRIPTION
+$500.00                3689.438                             Supplies
+$500.00                3689-1589                            Other Public Safety Dept. Income
Vote: Passes. 8-0.
RESOLUTION NO. W/D
RE: ACCEPT 2005 TAX AUCTION BID – TREASURER’S OFFICE - WITHDRAWN
        WHEREAS, the Schuyler County Treasurer is holding a tax deed on a certain property in which the
original accepted bidder from the October 8, 2005 tax auction has chosen not to make payment on, and
        WHEREAS, the second bid on said property needs to be accepted.
        NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts the following bid to
wit:
        BIDDER'S NAME:                 Bert Gildersleeve
        BIDDER'S ADDRESS:              4135 Tichenor Rd.
                                       Hector, NY 14841
        AMOUNT OF BID:                 $7,600.00
        FORMER OWNER:                  Trans Allied Corporation
        TAX MAP #:                     44.19-1-12
        PARCEL ID NUMBER:              402-9024-00
        LOCATION:                      Commercial Property at 3817 Main Street
                                       Burdett, NY 14818, and
        BE IT FURTHER RESOLVED, the Schuyler County Attorney is directed to prepare appropriate deed
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 deed and attending documents and the Schuyler County Treasurer is authorized to deliver such
deed and attending documents upon full payment of the bid purchase price balance to the County of Schuyler.
RESOLUTION NO. 448 Motion by Bingell, Second by Larison.
RE: AUTHORIZE STIPULATION AGREEMENT WITH THE CIVIL SERVICE EMPLOYEES
        ASSOCIATION, INC. (CSEA) ADMINISTRATIVE UNIT
        BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Stipulation
Agreement with the CSEA Administrative Unit, as drafted and approved by the County Administrator and
Human Resources Director.
Vote: Passes. 8-0.
RESOLUTION NO. 449 Motion by Larison, Second by Bingell.
RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR
        BE IT RESOLVED, that two (2) Resolutions be brought to the floor.
Vote: Passes. 8-0.
RESOLUTION NO. 450 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE FARE INCREASE FOR BUS TRANSPORTATION
                                       PROCEEDINGS OF THE YEAR 2005                                          193
        WHEREAS, a recent review of the cost to provide bus transportation in Schuyler County indicates that a
fare increase is warranted, and
        WHEREAS, a public hearing was held in regards to the proposed increase and it was agreed that an
increase was more favorable than reducing any service.
        NOW, THEREFORE, BE IT RESOLVED, that the First Transit bus transportation fares charged for
Schuyler bus routes 1, 2 and 3 be increased from $48.00/month to $72.00/month and $2.00/trip to $3.00/trip
effective January 1st, 2006.
DISCUSSION: Legislator Fagan asked what was decided on about riders using College ID cards.
Administrator O’Hearn said after discussing this with Chemung Transit this needs to remain the same, no intent
to change the current structure of Cornell’s policy. Legislator Fagan asked O’Hearn if he would notify Cornell
University of the intent to make the changes. Administrator O’Hearn said he would do so.
Vote: Passes. 8-0.
RESOLUTION NO. 451 Motion by Larison, Second by Yuhasz.
RE: AUTHORIZE APPLICATION AND DESIGNATE SCHUYLER COUNTY AS LEAD AGENCY FOR
        AN INTER-MUNICIPAL SHARED SERVICES GRANT FOR CENTRALIZED RECORDS
        MANAGEMENT IN SCHUYLER COUNTY
        WHEREAS, within Schuyler County, all political subdivisions are required to manage and retain public
        records, and
        WHEREAS, the Village of Watkins Glen, Towns of Dix and Hector, Watkins Glen Central School
District, and Schuyler County Government each maintain separate facilities and personnel devoted to this task,
and
        WHEREAS, each of the aforementioned political subdivisions is currently experiencing difficulties
either allocating space or human resources in the accomplishment of this vital function, and
        WHEREAS, each of the aforementioned political subdivisions desires to consolidate both the storage
and management of records in a central location, and
        WHEREAS, the New York State Department of State has made available funding through the Shared
Municipal Services Incentive Grant Program, and
        WHEREAS, as a requirement of this Grant a lead applicant must be designated.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature assumes the
responsibility of lead applicant for the purpose of accessing the necessary funds to develop a central repository
for records management, and
        BE IT FURTHER RESOLVED, said Legislature designates Timothy O’Hearn, County Administrator as
the lead applicant Contact Person authorized to execute all financial and/or administrative processes relating to
the grant program.
Vote: Passes. 8-0.
NEW BUSINESS:
        Chairman Gifford spoke about the letter he received from the Steuben Industrial Development Agency
regarding a Windpower SEQR requesting Schuyler County’s permission for them to be the lead agency.
Legislator Fagan inquired if a resolution was needed. The Clerk of the Legislature said a motion would be in
order.
        MOTION by Legislator Fagan to give permission to the Steuben IDA for them to be the lead agent on
this project, SECOND by Legislator Bleiler. Vote: 8-0.
        Legislator Fagan will take this to the Environmental Management Council (EMC) and stated that there
was a 30 day comment period. He will get any comments made to the rest of the Legislature.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
        Legislator Larison reported on the Department of Conservation’s information regarding the reports that
the Hudson River will be swimable soon. He also reported on the Chronic Wasting Disease which had not been
found in local deer.
        Legislator Bleiler reported that the Office of the Court Administration received a grant for the Court
Appointed Special Advocate (CASA). They looked at the records of numbers of people that had been served in
194                                  SCHUYLER COUNTY LEGISLATURE
the past and now they will be receiving a $38,000 grant. This will help them and they should be right on target
for their budget now.
        Legislator Bingell reported on the Public Works Committee. She reported that she and Legislator
Larison attended a Southern Tier Central Transportation Committee meeting last week and there was discussion
on the possibility of doing some swapping between Steuben and Schuyler County for some County Routes for
the Highway Department. Schuyler is looking at CR 23 & 28 and talked about what routes that could be
swapped with Steuben County. Steuben has done this in the past. People are using CR 23 at fast rate and this
route needs to be wider. It is currently dangerous. She said they got to hear from the Emergency Management
Officer in Steuben County and he discussed the Emergency Evacuation Plan that they have in place for the
County. Legislator Slusser asked if we would have to take back some of the State Routes. Greg Mathews,
Highway Superintendent, spoke on certain State Routes being considered. The State Routes are 409, 329, 4019,
227, 230 and said that they are all very small routes.
        Legislator Fagan reported on the Community Development and Natural Resources Committee. He
announced that SCOPED now has a wonderful Business resource guide which will be very useful for
entrepreneurs and will be available at SCOPED office.
COUNTY ADMINSTRATOR’S REPORT: None.
PUBLIC PARTICIPATION:
        George Maylor spoke about the Chemung First Transit bus service. He felt that the riders he had talked
to that use the bus service were fine that there will be a raise on the Transit fare. He said as a comparison that
he has an Administrative Assistant at his place of employment that travels on a bus service in the Steuben area
and pays only $2 from Bath to Corning. He also said that people have been inquiring on finding assistance to
see how to apply for an RFP for funding for a bus service. He said that he has heard that the service quality is
poor and recently there had been no heat, breakdowns and other problems with the bus service.
        The Meeting adjourned at 7:10 P.M.
                Stacy B. Husted, Clerk
                Sharlene A. Parker, Deputy Clerk

                                           YEAR END MEETING
                                            DECEMBER 28, 2005

       The December 28, 2005 Year End Meeting of the Schuyler County Legislature was called to order at
6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a
Moment of Silence. All Legislators were present except for Legislator Slusser who was excused. County
Attorney Coleman and County Administrator Timothy O’Hearn, were also present.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 452 Motion by Larison, Second by Bingell.
RE: APPROVE MINUTES OF THE DECEMBER 12, 2005 REGULAR MEETING OF THE SCHUYLER
       COUNTY LEGISLATURE
       BE IT RESOLVED, that the minutes of the December 12, 2005 Regular Meeting of the Schuyler
County Legislature be approved.
Vote: Passes. 7-0.
RESOLUTION NO. 453 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE THREE-YEAR AGREEMENT WITH THE CHAMBER OF COMMERCE FOR ROOM
       TAX FUNDS
       WHEREAS, Resolution No. 236-05 designated the Chamber of Commerce as the County’s Tourism
Promotion Agency (TPA) for the 2006-2008 State program year, and
       WHEREAS, the agreement with the Chamber for room tax has always been for one year, and
       WHEREAS, to correspond with the designation, it is desirous to have the agreement now be for three
years.
       NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute a contract with the Schuyler County Chamber of Commerce as the Tourism Promotion Agency (TPA)
                                      PROCEEDINGS OF THE YEAR 2005                                          193
for the term January 1, 2006 through December 31, 2008; funding available in the 2006 budget account no.
6410.436, subject to approval of the Schuyler County Attorney.
Vote: Passes. 7-0.
RESOLUTION NO. 454 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO PAY LOCAL SHARE OF A
        NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS GRANT
        WHEREAS, Resolution No. 541 of 1997 declared the Legislature’s support for an application by the
Agriculture and Farmland Protection Board to the New York State Department of Agriculture and Markets for
grant funding to assist in the preparation of an Agriculture and Farmland Protection Plan for Schuyler County,
and
        WHEREAS, the Legislature agreed to fund the local share of the grant upon presentation of the draft
grant application, in an amount not to exceed $10,000, and
        WHEREAS, it has been brought to the attention of the Treasurer and the County Administrator that said
matching funds were never paid to Cornell Cooperative Extension.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
transfer $9,992 from Contingency account no. 1990.500 into account no. 8510.320-8510-Matching Funds for
Grant/Agriculture and Farmland Protection to pay Cornell Cooperative Extension.
Vote: Passes. 7-0.
RESOLUTION NO. 455 Motion by Yuhasz, Second by Bingell.
RE: AMEND AGREEMENT WITH UNITED CEREBRAL PALSY AND HANDICAPPED CHILDREN’S
        ASSOCIATION OF CHEMUNG COUNTY, INC. FOR 2005-2006 - PUBLIC HEALTH
        WHEREAS, an agreement exists between the Schuyler County Home Health Agency and United
Cerebral Palsy and Handicapped Children’s Association of Chemung County, Inc. to provide preschool special
education and related therapy services, and
        WHEREAS, the agreement specifies that the rate for related therapy services will be $70.00 up to an
hour session, and
        WHEREAS, there is a child requiring special treatment for which the rate of service will be $90.00 up to
an hour, and
        WHEREAS, the provision of this special treatment is required for the performance of mandated
services.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an amendment to the agreement with United Cerebral Palsy and Handicapped Children’s Association of
Chemung County, Inc. to provide preschool special education and related therapy services from July 1, 2005
through June 30, 2006, to allow payment of $90.00 up to an hour for these special services, funding available in
the Public Health budget, account no. 2960.400, subject to approval by the Schuyler County Attorney.
Vote: Passes. 7-0.
RESOLUTION NO. 456 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE TRANSFER OF FUNDS TO REPLENISH COMMUNITY SERVICES BOARD
        RESERVE ACCOUNT - COMMUNITY SERVICES
        WHEREAS, Resolution No. 482-98 established a Community Services Board reserve account of
$50,000 to cover expenses related to major projects and repairs at the Mill Creek Center building, and
        WHEREAS, this reserve has been utilized for payments of authorized repairs since that time, and
        WHEREAS, major repairs are anticipated to take place in 2006, and
        WHEREAS, the bills for these repairs should be paid from the Community Services Board reserve
account.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer any remaining available funds from the 2005 Community Services Budget to replenish this reserve, up
to, but not to exceed the authorized amount of $50,000.
Vote: Passes. 7-0.
RESOLUTION NO. 457 Motion by Yuhasz, Second by Bingell.
194                                   SCHUYLER COUNTY LEGISLATURE
RE:     ADOPT REVISED FEE SCHEDULE FOR WATERSHED PROTECTION AGENCY - PUBLIC
        HEALTH
        WHEREAS, it has been deemed appropriate by the Schuyler County Public Health Committee to set fees
for certain services performed by the Watershed Protection Agency, as follows:
1. Septic system permits - New Construction                                       $100.00
2. Septic system permits - New Conversion                                         $100.00
3. Septic system permits - Existing dwellings                                     $100.00
4. Septic system permits - Septic tank up grade                                   $50.00
5. Septic system permits - repair/expansion                                       $50.00
6. Septic system permits - renewals or transfer                                   $50.00
7. New construction site evaluation per lot                                       $75.00
8. Septic tank locating - probe, detector or transmitter                          $50-$75
9. Septic evaluation for conversion, expansion or modification                    $50.00
10. Septic evaluation for property transfer or refinancing                        $100.00
       -plus bacteriological water analysis                                       $125.00
       -plus bacteriological water analysis & flow test                           $135.00
11. Septic evaluation re-inspection for property transfer or refinancing          $50.00
12. Engineer review and approval                                                  $175.00
13. Agency review and approval                                                    $25.00
14. Water sample collection fee per sample plus analysis                          $15.00
15. Water sample collection fee per re-sample not property                        $10.00
                (Property transfers exempt)
16. Handling fee per non collected sample fee plus analysis                       $10.00
17. Water supply flow test per 1/2 hour flow                                      $50.00
18. Water supply flow test and bacteriological sample                             $75.00
19. Radon in air test                                                             $55.00
20. Field consultation per 1/2 hour                                               $25.00
21. Non inspection visit (No Show)                                                $25.00
22. Flood statement affidavit                                                     $25.00
23. New construction for well site approval for new construction                  $50.00
24. Compliance Certificate - no field visit                                       $25.00.
        NOW, THEREFORE BE IT RESOLVED, that Schuyler County Watershed Protection Law, Local Law
No. 3 of the Year 1994, allows the Agency to waive the collection of a portion of the established fee for
intergovernmental agencies indigent persons or doctors request due to illness, and
        BE IT FURTHER RESOLVED, that the Agency is also allowed to possibly reduce the sample
collection fee per multiple sample visit.
Vote: Passes. 7-0.
RESOLUTION NO. 458 Motion by Yuhasz, Second by Bingell.
RE: AUTHORIZE AGREEMENT WITH SCHUYLER COUNTY MENTAL HEALTH FOR
        BIOTERRORISM PLANNING - PUBLIC HEALTH
        WHEREAS, bioterrorism planning continues to be required by the New York State Department of Health,
and
        WHEREAS, Schuyler County Mental Health is able to provide services as required as part of the
bioterrorism plan in conjunction with Department of Health requirements.
        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
execute an agreement with the Schuyler County Mental Health, effective September 1, 2005 through August 30,
2006, at an amount not to exceed $2,500.00, funds being available in the Public Health Bioterrorism Grant budget,
account no. 4010.400-4030, with no local share cost, subject to approval by the Schuyler County Attorney.
Vote: Passes. 7-0.
RESOLUTION NO. 459 Motion by Larison, Second by Fagan.
                                       PROCEEDINGS OF THE YEAR 2005                                        193
RE: APPROVAL OF ALTERNATIVES TO INCARCERATION PLAN FOR 2006 - PROBATION
         DEPARTMENT
         WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the
year 2006, and
         WHEREAS, the said Plan and Budget have been reviewed and both appear to be in order and have been
approved by the Public Safety/Criminal Justice Committee of this Legislature.
         NOW, THEREFORE, BE IT RESOLVED, that the year 2006 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 Administrator and Schuyler County Attorney, and
         BE IT FURTHER RESOLVED, that the Criminal Justice Advisory Council submit the same to the New
York State Division of Probation and Correctional Alternatives for approval.
Vote: Passes. 7-0.
RESOLUTION NO. 460 Motion by Larison, Second by Fagan.
RE: COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2005 FOR THE
         LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE TOWN
         OF TYRONE, IN THE COUNTY OF SCHUYLER, AND STATE OF NEW YORK
         Pursuant to Sections 270 and 271 of the County Law of the State of New York.
         WHEREAS, the assessment roll for the year 2005 for the Lamoka/Waneta Lakes’ Protection and
Rehabilitation District in the Town of Tyrone, in the County of Schuyler, and State of New York for the budget
year 2006 has been completed and properly filed with the Schuyler County Real Property Tax Service Agency
at its office in the Schuyler County Office Building at 105 Ninth Street, Watkins Glen, New York, for review
and inspection by the public and interested parties, and
         WHEREAS, proper notice of the completion and filing of said assessment roll and also proper notice
that the Public Hearing on the assessment roll would be held by the County Legislature of the County of
Schuyler in the County Courthouse, 105 Ninth Street, Watkins Glen on November 21, 2005 at 6:25 P.M. to hear
and consider any objections pertaining to said assessment roll, and
         WHEREAS, due and proper proof of the publication of the notice of the aforesaid Public Hearing has
been filed in the Office of the Clerk of the Legislature, and
         WHEREAS, the aforesaid Public Hearing was duly held on the 21st day of November, 2005, and any
persons appearing in regard to the said assessment roll having been heard.
         NOW, THEREFORE, BE IT RESOLVED, said assessment roll for the year 2005 for the
Lamoka/Waneta Lakes District in the Towns of Orange and Tyrone, in the County of Schuyler, and State of
New York be hereby approved as completed and filed in the office of the Schuyler County Real Property Tax
Service Agency, and
         BE IT FURTHER RESOLVED, that the Director of the Schuyler County Real Property Tax Service
Agency and the Schuyler County Treasurer shall see to the proper procedure for the levy and collection of the
appropriate taxes on the several real properties situate and benefited within said Lakes’ Protection and
Rehabilitation District, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be forwarded to the Director of
         Real Property Tax Service Agency, the County Treasurer, the Attorney for said Lakes’ Protection and
         Rehabilitation District, the Lamoka/Waneta Lakes’ District Commission and the Clerk of the Steuben
         County Legislature.
Vote: Passes. 7-0.
RESOLUTION NO. 461 Motion by Larison, Second by Fagan.
RE: DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND
         REHABILITATION DISTRICT TAXES DUE JANUARY 2006
         Pursuant to Article 5-D of the County Law of the State of New York.
         BE IT RESOLVED, that the report of the Lamoka/Waneta Lakes’ District Commission of the several
amounts of taxes due January 2006, levied upon the various parcels of land in the said Lakes’ Protection and
Rehabilitation Districts be received and filed, and the Director of the Schuyler County Real Property Tax
194                                  SCHUYLER COUNTY LEGISLATURE
Service Agency is directed to levy the amount upon the various parcels therein mentioned in accordance with
said report, and
        BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to the Director
of Real Property Tax Service Agency; Attorney for the Lakes’ Protection and Rehabilitation Districts; the
Lamoka/Waneta Lakes’ Districts Commission, and the Clerk of the Steuben County Legislature.
Vote: Passes. 7-0.
RESOLUTION NO. 462 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS
        BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following
account transfers in order to balance out the 2005 accounts, to wit:
                              Department            To            From
                              1010.100                $8,461.72
                              1010.401                                $259.71
                              1010.402                                 $82.46
                              1010.409                              $1,091.50
                              1010.410                                 $59.30
                              1010.428                                 $35.84
                              1010.430                                $146.40
                              1010.431                                $105.58
                              1010.433                                $584.14
                              1010.434                                $293.50
                              1010.439                                $122.72
                              1010.440                                $110.04
                              1165.100               $16,008.95
                              1165.328                   $87.56
                              1165.407                  $166.80
                              1165.409                                    $0.77
                              1165.410                  $187.69
                              1165.416                                    $1.95
                              1165.430                                    $2.31
                              1165.431                  $292.54
                              1165.435                              $1,480.73
                              1165.439                                 $54.84
                              1165.538                                $500.00
                              1170.100                                $162.21
                              1170.401                              $2,000.00
                              1170.410                   $51.94
                              1170.430                   $17.28
                              1170.431                                   $35.13
                              1170.435                $3,538.13
                              1170.563                $1,025.84
                              1170.605                $7,198.55
                              1180.400                   $30.00
                              1230.100                               $281.16
                              1230.212                  $199.80
                              1230.433                   $51.36
                              1325.100                                    $3.24
                              1325.431                    $3.24
                              1355.100                                    $0.35
                              1355.402                                   $24.84
                              1355.410                  $666.78
                              1355.428                                $52.00
                              1355.430                                $68.61
                              1355.431                               $262.54
     PROCEEDINGS OF THE YEAR 2005            193
1355.433                            $2.19
1355.434                          $125.96
1355.435                          $225.50
1355.438                          $285.04
1355.439                            $1.65
1355.459                           $18.06
1355.577            $399.96
1410.100                          $801.47
1410.410            $453.98
1410.431            $310.12
1410.433             $37.37
1420.100                           $26.46
1420.403                          $100.00
1420.407            $367.07
1420.409                          $240.61
1430.100             $81.20
1430.207                           $26.35
1430.409                           $12.50
1430.410                           $63.21
1430.429                           $31.88
1430.431             $52.74
1431.100                          $236.67
1431.410            $236.67
1450.100                           $45.58
1450.431             $45.58
1620.100                         $3,603.82
1620.101                            $60.46
1620.328             $20.45
1620.400                          $423.87
1620.402                           $21.10
1620.410                           $87.48
1620.426                           $82.62
1620.427             $78.53
1620.435                          $461.91
1620.439                           $44.63
1620.441                           $31.70
1620.442          $15,100.96
1620.448                         $1,194.32
1620.449                           $316.20
1620.490                           $386.87
1620.536                           $672.23
1620.580                            $28.00
1622.200                            $22.01
1622.309                             $0.16
1622.427                            $96.16
1622.490                            $50.00
1660.100                            $27.88
1660.431              $27.88
1910.419          $56,394.90
1910.423          $10,609.18
1950.400              $98.31
1990.500                       $104,626.66
1990.500                        $18,861.62
3110.100          $19,411.26
3110.101                          $788.22
194       SCHUYLER COUNTY LEGISLATURE
      3110.102                     $13,436.38
      3110.118                        $924.98
      3110.201                      $7,676.82
      3110.204          $912.32
      3110.213                      $1,316.07
      3110.309                        $975.92
      3110.317                      $1,287.00
      3110.441           $202.48
      3110.444         $4,153.14
      3112.101           $254.36
      3140.100           $698.43
      3140.308                          $0.01
      3140.328                         $91.65
      3140.382                        $591.85
      3150.100                      $1,275.60
      3150.101           $37.09
      3150.102                      $6,671.92
      3150.119                      $3,294.96
      3150.401           $995.04
      3150.433           $196.95
      3150.439            $18.88
      3150.442         $4,495.43
      3150.454           $382.29
      3150.456         $5,116.80
      3510.100                       $284.48
      3510.101                       $378.19
      3510.102          $868.47
      3510.201                       $493.26
      3510.400         $1,941.29
      3510.442                       $146.80
      3510.603                       $182.00
      3689.100           $85.13
      3689.100                       $324.94
      3689.410          $155.39
      3689.458           $84.42
      4010.100                      $3,528.63
      4010.101         $1,475.80
      4010.328            $21.23
      4010.402            $22.68
      4010.442         $1,008.92
      4010.490                     $19,695.58
      4050.100                        $119.10
      4050.328           $11.21
      4050.411           $67.52
      4050.431           $40.26
      4050.439            $0.11
      4310.100                       $177.24
      4310.328          $177.24
      6010.100                      $9,670.95
      6010.338           $515.00
      6010.387           $232.00
      6010.400         $8,922.78
      6010.431             $1.17
      6070.396                     $54,395.69
      6070.572                      $1,714.15
     PROCEEDINGS OF THE YEAR 2005                193
6510.100                $568.96
6510.410                              $147.29
6510.426                               $71.24
6510.430                              $350.43
6610.100                   $0.12
6610.403                                $2.00
6610.409                               $20.89
6610.426                                $0.43
6610.438                 $23.20
6772.100                            $13,496.29
6772.278                               $390.00
6772.328                               $149.18
6772.401                $285.34
6772.433                              $701.45
6772.438               $1,938.68
6772.439                             $1,393.74
6772.440                             $1,378.14
6772.442                 $959.56
6772.490              $14,325.22
7110.100               $5,583.78
7110.442                              $407.07
7310.100                              $148.61
7310.410                $148.61
7510.100                  $4.37
7510.400                                 $4.37
7550.400                 $935.00
7989.400              $27,950.00
8160.346               $1,057.00
9010.801              $56,921.13
9055.806                 $731.98
9060.809               $3,027.10
General Fund Total   $289,268.22   $289,268.22
County Road
5010.100                             $9,541.84
5010.328                 $15.50
5010.402                  $1.27
5010.41                  $54.43
5010.431                               $85.99
5010.433                 $14.79
5020.400                            $42,156.19
5110.100              $24,720.74
5110.101                             $3,918.12
5110.400                               $287.00
5110.510                   $2.00
5110.511                               $209.42
5110.514                               $384.00
5110.516                               $221.19
5110.517                             $4,984.49
5110.518                   $3.00
5110.519                   $0.10
5110.520                               $100.94
5110.544                                $31.36
5112.571                             $1,454.57
5120.569                            $16,130.00
5142.100                             $2,945.18
194                                 SCHUYLER COUNTY LEGISLATURE
                               5142.101                   $3,179.96
                               5142.438                                  $234.78
                               9040.803                 $17,906.95
                               9060.807                 $36,786.33
                               County Road Total        $82,685.07    $82,685.07
                               Machinery
                               5130.100                                $5,505.99
                               5130.236                     $131.04
                               5130.441                      $36.32
                               5130.442                   $2,118.53
                               5130.527                      $20.57
                               5130.529                       $0.60
                               9040.803                     $650.24
                               9060.807                   $2,548.69
                               Machinery Total            $5,505.99    $5,505.99
and
        BE IT FURTHER RESOLVED, that this authorization shall include financing capital projects with fund
balance as determined by the Schuyler County Treasurer.
Vote: Passes. 7-0
RESOLUTION NO. 463 Motion by Larison, Second by Bleiler.
RE: DEDICATION OF 2005 PROCEEDINGS
        WHEREAS, it has been the custom to give tribute in the printed Proceedings of the Schuyler County
Legislature to employees who retire from county service or elected officials who leave office, as recognition for
their dedication and service.
        NOW, THEREFORE, BE IT RESOLVED, that the “Proceedings of the County Legislature of the
County of Schuyler for the year 2005" contain a tribute to Michael J. Maloney (former Schuyler County
Sheriff), subject to any other retirements effective by 12/31/05.
Vote: Passes. 7-0
RESOLUTION NO. 464 Motion by Larison, Second by Bleiler.
RE: AUTHORIZE AMENDMENT TO THE SCHUYLER COUNTY FLEXIBLE SPENDING PLAN
        WHEREAS, Schuyler County (the “Employer”) is the sponsor of the Schuyler County Flexible
Spending Account (the “Plan”), which is a “cafeteria plan” as defined in Section 125 of the Internal Revenue
Code of 1986 (the “Code”), and
        WHEREAS, the Working Families Tax Relief Act of 2004 (“WFTRA”) changed the definition of
“dependent” in Section 152 of the Code effective January 1, 2005, and
        WHEREAS, on December 6, 2004, the Internal Revenue Service issued Notice 2004-79 saying that
Congress did not intend the WFTRA to change dependent status for employer health plans and that regulations
would be issued to eliminate the maximum gross income requirement for health benefits, and
        WHEREAS, the Employer wishes to amend the definitions of “Dependent” and “Qualifying Individual”
in the Plan to make them consistent with the new Code Section 152 definition of dependent and the position
taken in Notice 2004-79 with regard to dependent status for health plans, and
        WHEREAS, the Code and Treasury regulations prohibit a cafeteria plan from using plan contributions
made for one plan year to provide qualified benefits incurred in another plan year, and require that participants
forfeit any contributions made for a plan year which exceed claims for qualified benefits incurred during that
plan year, and
        WHEREAS, on June 6, 2005, the Internal Revenue Service issued Notice 2005-42, which makes an
exception to this requirement so that qualified benefits incurred during a 2½ month “grace period” following the
end of a plan year may be paid or reimbursed with contributions made for the plan year immediately preceding
the grace period, and
        WHEREAS, Notice 2005-42 states that a cafeteria plan must be amended by the end of a plan year in
order for the grace period to apply for that plan year and subsequent plan years, and
                                       PROCEEDINGS OF THE YEAR 2005                                             193
        WHEREAS, the Employer wishes to amend the Plan to allow a grace period for the Plan Year ending
December 31, 2005 and subsequent Plan Years, and
        WHEREAS, the Employer also wishes to amend the Section of the Plan entitled “HIPAA Privacy
Rules” to add provisions concerning protected health information transmitted by or maintained in electronic
format, as required by security regulations issued under the Health Insurance Portability and Accountability Act
of 1996.
        NOW, THEREFORE, BE IT RESOLVED, the Plan is hereby amended as follows:
1.      Effective January 1, 2005, the Definitions of “Dependent” and “Qualifying Individual” in Section 2 of
the Plan are amended as follows:
        “Dependent” for purposes of Accidental Death and Dismemberment, Dental, Life, Medical, Long-Term
disability, Short-Term Disability or Vision Insurance coverage, means a Participant’s spouse or dependent
included under the applicable Insurance coverage. For purposes of payment or reimbursement of Health Care
Expenses from a Participant’s Health Care Expense Account, “Dependent” means dependent as defined for
purposes of Section 105(b) of the Code, and any child to whom Section 152(e) of the Code applies shall be
treated as a dependent of both parents. For purposes of payment or reimbursement of Dependent Care Expenses
from a Participant’s Dependent Care Expense Account, “Dependent” means a Qualifying Individual.
        “Qualifying Individual” mean qualifying individual as defined for purposes of Section 21(b) of the
Code.
2.      Effective December 31, 2005, the Plan is amended by adding the following new Subsection to Section 4
(Contributions and Benefits).
        4.13 Notwithstanding any other provision of the Plan, this Subsection shall apply for Plan Years
        ending on or after December 31, 2005.
                A)      A Qualified Benefit (other than a Dependent Care or Health Care Expense) incurred
        during the Grace Period for a Plan Year may be treated as incurred during that Plan Year for purposes of
        this Section 4. To the extent the Contributions made for that Plan Year for such Qualified Benefits have
        not already been used for, or are not required to pay, Qualified Benefits actually incurred during the Plan
        Year, the Contributions shall be used to pay such Qualified Benefits incurred during the Grace Period in
        accordance with the provisions of this Section 4, provided: (i) the Qualified Benefit is not automatically
        paid, a claim for the Qualified Benefit is submitted no later than the April 30th following the end of the
        Grace Period; and (ii) all other requirements and conditions for the Qualified Benefit are satisfied.
                B)      The Grace Period for a Plan Year shall be the period beginning on the first day of the first
        calendar month immediately following the end of the Plan Year and ending on the fifteenth day of the
        third calendar month immediately following the end of that Plan Year.
                C)      If the total Contributions to a Participant’s exceed the qualified Benefits paid from that
        Account for the Plan Year, including Qualified Benefits (other than Dependent Care and Health Care
        Expenses) incurred during the Grace Period for the Plan Year, the Participant shall forfeit the excess
        Contributions.
                D)      This subsection does not change the requirements in this Section 4 relating to when
        Dependent Care and Health Care Expenses must be incurred and claimed.
                E)      The above provisions of this Subsection shall be interpreted and applied in a manner
        consistent with IRS Notice 2005-42 and Treasury Regulations issued to reflect IRS Notice 2005-42.
3.      The Section entitled “HIPAA Privacy Rules” is amended by changing the definition of “Protected
Health Information” therein to read as follows:
        “Protected Health Information” means individually identifiable health information as described at
Section 164.103 of the Privacy Rules.
4.      The Section entitled “HIPAA Privacy Rules” is also amended by adding the following definition of
“Electronic Protected Health Information” thereto:
        “Electronic Protected Health Information” means Protected Health Information that is transmitted by or
maintained in electronic media.
5.      The Section entitled “HIPAA Privacy Rules” is also amended by adding the following paragraph
thereto:
194                                   SCHUYLER COUNTY LEGISLATURE
        In addition to, and not in lieu of, the other requirements herein regarding the conditions under which the
        Plan may disclose (or allow a Plan health insurance issuer or HMO to disclose) Protected Health
        Information to the Plan Sponsor, the Plan may disclose (or allow a Plan health insurance issuer or HMO
        to disclose) Protected Health Information only after the Plan sponsor certifies in writing that the Plan has
        been amended to incorporate this Section and agrees to:
        (i)     implement administrative, physical, and technical safeguards that reasonably and appropriately
                protect the confidentiality, integrity, and availability of the Electronic Protected Health
                Information that it creates, receives, maintains or transmits on behalf of the Plan;
        (ii)    ensure that the adequate separation between the Plan and the Plan Sponsor is supported by
                reasonable and appropriate security measures for any Electronic Protected Health Information;
        (iii) ensure that any agent, including a subcontractor, to whom it provides Electronic Protected Health
                Information agrees to implement reasonable and appropriate security measures;
        (iv)    report to the Plan any security incident of which it becomes aware; and
        (v)     make its policies, procedures and documentation relating to safeguards for Electronic Protected
                Health Information available to the Secretary of the U.S. Department of Health and Human
                Services for purposes of determining the Plan’s compliance.
Vote: Passes. 7-0
RESOLUTION NO. 465 Motion by Larison, Second by Bingell.
RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING
        EMPLOYEES IN THE SCHUYLER COUNTY HIGHWAY UNIT
        WHEREAS, representatives of the County have engaged in Collective Bargaining with the Civil Service
Employees Association, Inc. for employees in the Schuyler County Highway Unit, and
        WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years
2006-2009 was reached with respect to employees in the Schuyler County Highway Unit, and
        WHEREAS, that the agreement has been duly ratified by the employees of the aforesaid bargaining unit.
        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 Highway Unit, and
        BE IT FURTHER RESOLVED, that the Chairman of this Legislature be hereby authorized to execute
the aforementioned agreement.
Vote: Passes. 7-0
RESOLUTION NO. 466 Motion by Larison, Second by Bingell.
RE: ADOPT AMENDED SCHUYLER COUNTY MANAGEMENT/CONFIDENTIAL SALARY PLAN
        (M/CSP)
        WHEREAS, the current Management/Confidential Salary Plan has been identified to be deficient both
in adequately defining positions and in providing an evaluative tool for professional development and
performance incentives for its members, and
        WHEREAS, the County Administrator and Human Resources Director have developed and recommend
significant modifications in Sections I, II & III of the Schuyler County Management/Confidential Salary Plan
(Definition, Factor Ratings and Performance Appraisals, respectively), and
        WHEREAS, input on said changes has been provided by the Administrative Council, and
        WHEREAS, due to the newness of the position, the Confidential Secretary to the County Administrator
job description was made part of this overall review and an adjustment was made the position’s Complexity of
Duties (from 30 to 60) to more accurately account for the job responsibilities. This adjustment places the
position in Grade Level D with the incumbent to be paid the minimum of the grade for the year 2006, and
        WHEREAS, said changes have been reviewed and approved by the Management and Finance
Committee.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the
amended Management/Confidential Salary Plan, as attached and on file in the Human Resources Office,
effective January 1st, 2006, and
                                       PROCEEDINGS OF THE YEAR 2005                                             193
        BE IT FURTHER RESOLVED, that for the year 2006, the merit increase referenced in Sections I and
III of said Plan will not apply, and the County Administrator shall make recommendation for across-the-board
salary increases for management/confidential employees.
Vote: Passes. 7-0
RESOLUTION NO. 467 Motion by Larison, Second by Bingell.
RE: AMEND DEPARTMENT HEAD LEAVE POLICY
        WHEREAS, there have been considerable changes in the administrative structure of the County and,
        WHEREAS, the means by which Department Heads report their leave has been revised and a form
created to that effect.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature adopt the amended
policy effective January 1st, 2006 to read as follows:
                                   DEPARTMENT HEAD LEAVE POLICY
        County policy requires Department Heads to provide the County Administrator’s Office with the
necessary form outlining their intention to take vacation, sick, personal days and Exempt Employee
Discretionary Time (EEDT). This form should be completed in advance whenever possible. Sick leave days
should also be reported in advance if possible or immediately upon return to work.
        Any days that the Department Head is out of the office for reasons other than described above should
also be reported to the County Administrator’s office either in the form of a travel request or a request for leave
form. These days should also be requested in advance when possible.
Vote: Passes. 7-0
RESOLUTION NO. 468 Motion by Bingell, Second by Yuhasz.
RE: AUTHORIZE TRANSFER OF FUNDS IN THE 2006 ADOPTED BUDGET – SOCIAL SERVICES
        WHEREAS, New York State has directed counties that the 2006 Medicaid weekly payments must come
from a newly created line item in the 2006 budget.
        NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
transfer $3,300,000.00 within the 2006 adopted budget from account no. 6120.400 to a newly created account
no. 6100.400.
Vote: Passes. 7-0
RESOLUTION NO. 469 Motion by Bingell, Second by Yuhasz.
RE: UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2005-2006
        WHEREAS, the County Treasurer submitted to this County Legislature, pursuant to Section 1330 (5) of
the Real Property Tax Law, a certified list of unpaid school taxes as of November 30th, which will be assessed
and relevied, and
        WHEREAS, pursuant to Section 1330 (4) of the Real Property Tax Law, this Board is required to pay
the various Districts the amount of unpaid school taxes, as certified.
        NOW, THEREFORE, BE IT RESOLVED, that said unpaid school taxes for the year 2005-2006, as they
appear on said certified list be, and the same hereby are, approved as of December 28, 2005, and the Real
property named in said certification any items of unpaid taxes therein set forth.
Vote: Passes. 7-0
RESOLUTION NO. 470 Motion by Bingell, Second by Yuhasz.
RE: AMEND RESOLUTION NO. 354-05/AUTHORIZE RATE RENEWAL WITH EXCELLUS BLUE
        CROSS/BLUESHIELD OF CENTRAL NEW YORK FOR HEALTH INSURANCE FOR THE YEAR
        2006
        WHEREAS, as a result of a new bargaining agreement with the Highway Unit CSEA, there is a
reduction in the premium rate for 2006 for those particular Plans.
        NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 354-05 be amended to reflect the below
rate for the Highway Unit Plans, and
        BE IT FURTHER RESOLVED, the Chairman of the Legislature be hereby authorized to execute an
amended premium rate renewal agreement with Blue Cross/Blue Shield of Central New York for health
insurance coverage for said groups for the term of January 1, 2006 through December 31, 2006, subject to the
approval of the Schuyler County Attorney:
194                               SCHUYLER COUNTY LEGISLATURE
                      Schuyler County Plans 1440506, 1440507, 1440508, 1440576
                      Previous: (Hwy. Unit – Rx $2/$10)
                      Amended: (Hwy. Unit - Rx $5/$15/$30)
                      Previous:    Family $ 1,119.55                 Individual $ 439.04
                      Amended:     Family $ 1,073.12                 Individual $ 420.83
Vote: Passes. 7-0
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES:
         Legislator Yuhasz reported on a Health Services Say2 Committee meeting that he attended recently. It
was held in Penn Yan and the Public Health reported that they are suggesting people should be putting flouride
in their water if they don’t have it already, to prevent tooth decay.
COUNTY ADMINSTRATOR’S REPORT: None.
PUBLIC PARTICIPATION: None.
         The Meeting adjourned at 9:40 A.M.
                Stacy B. Husted, Clerk
                Sharlene A. Parker, Deputy Clerk
                                              PROCEEDINGS OF THE YEAR 2005                                       193




                                                       INDEX
                                                               Health Cre Compliance, 115
                                                               Health Economic Group, 136
                                A                              Health Research, 128
Abandon County Bridge, 119                                     Heather Murley, 95
Adoption                                                       Horizon Occupational Therapy, 148
  Employee Parking Directive, 124                              Household Hazardous Waste, 126
  Incident Management System, 62                               Hunt Engineers, 11, 68, 134
  Insurance Standards Waiver, 77                               Infoseal, 100
  Revised Fee Scale Public Health, 183                         Integrity Networking, 25
Ag District                                                    Jacobson's Steel Works, 175
  Public Hearing Inclusion, 70                                 James E. Halpin, 97
Agreement/Contract/Proposal                                    Kelly Fitch, 8
  3M Home Care, 53                                             Lambert's Asbestos Removal Services, 66
  Admin Unit CSEA, 98                                          Medwisdom, 72
  Advantage Energy, 37                                         Miller Assoc, 9
  Affiliated Psychological Consultants, 147                    Motorola 911 Consoles, 166
  All-Mode Communications, 133                                 National Risk Services, Inc, 65
  Andrew Seubert, 105                                          NYS Department of Agriculture, 167
  Arnot Ogden Medical Center, 128, 165                         NYS Parks & Recreation & Historical, 176
  Barton & Loguidice, 14                                       NYS Parks/Historical Pres, 43
  Bioterrorism, 8                                              Oil & Gas, 153
  Bioterrorism Planning, 129, 164, 184                         Perry & Carroll, 98
  Bioterrorismn Planning, 164                                  PINS Diversion, 111
  Boarding Prisoners, 106                                      PINS Diversion Services, 168
  Bottom Ash/Cinders, 133                                      Public Health Mutual Aid, 165
  Bouille Electric, Inc, 132                                   Rotary Club, 31
  Caholic Charities, 20                                        RSVp Transportation, 175
  Chamber of Commerce, 182                                     Satellite Phone Service, 26
  Collective Bargaining Unit Highway, 187                      Schuyler ARC, 11, 52
  Cornell Cooperative Extension, 8                             Schuyler Head Start, 105
  Coughlin & Gerhart, 175                                      Schuyler Hospital, 9
  County Related Training/Conferences, 65                      SCIDA, 36
  County Route 5 Project, 57                                   Seasonal Rates Marina, 23
  County Rte 6 Bridge, 22                                      Seneca Harbor Park Phase III, 23
  CPE Interlink, 66                                            Sheriff's Department, 79
  Crisis and Preventative Workers, 111                         Silverline Construction, 119
  CSEA, 92                                                     Skycasters, Inc, 129
  CSEA Admin Unit, 141                                         Stafkings, 9, 10
  CSEA Curent Nursing Position, 17                             Stanley Clarke, 74
  CSEA Unit, 180                                               Stephen Maybee, 84
  Deer Carcass Removal, 119                                    Steuben County, 67
  Denis Ross, 127                                              Sue Collins, 115
  Deputy Sheriff Assoc, 141                                    Surplus Vehicles, 78
  Deputy Sheriff's Assoc, 175                                  Synergy, 20
  Diana Ortiz, 115                                             Technology Solutions, 42
  Diane Habeck, 158                                            Telemonitoring Equipment, 85
  Dissen & Juhn Corp, 12                                       Town of Hector, 90
  DrFirst.Com, 148                                             United Cerebral Palsy, 104, 182
  Easment Jeffrey Duncan, 121                                  Used Tire Collection, 57
  Emergency Power Systems, Inc, 132                            Venesky & Company, 151
  Families First Program, 150                                  Watkins Glen School District Transportation, 84
  Family Service Society, 116                                  Watkins Glen School School Support Services, 84
  Family Services Society, 54                                  Watkins Glen Youth Center, 170
  Finger Lakes Parent Network, 10                              Wesley Roe, 149, 167
  FLACRA, 20, 52, 115                                          Winstead & Sandritter, 165
  Food Stamp Nutrition, 169                                    Yates County Boarding Prisoners, 87
  Harter, Secrest & Emery, 75                                  Youth Bureau, 169
  Hazard Mitigation Plan, 165                                  Youth Bureau Early Intervention, 128
  Health Care Compliance, 53                                   Youth Bureau Preventive Services, 91
  Health Care Compliance Enterprise, 25                        Youth Court Services, 169
                                                             Appointment
194                                          SCHUYLER COUNTY LEGISLATURE
   1yr Outside Committees, 27                                 Elevator Maintenance, 107
   2 yr Outside Committee, 28                                 Elevator Repair & Maintenance, 120
   3 yr Outside Committee, 29                                 Equipment Highway, 22
   4 yr Outside Committee, 29                                 Four Wheel Drive Loader, 49
   Assistant District Attorney, 178                           Galvanized Pipe, 45
   Bargaining Unit, 121                                       Guiderail, 46
   Board of Elections, 4                                      Ice Control Sand, 46
   Chairman, 2                                                Knight Settlement Extension, 77
   Chamber of Commerce Board, 37                              Lamoka/Waneta Lakes, 55, 66
   Chief Assistant District Attorney, 178                     Material Highway, 14
   Community Services Board, 95                               Pavement Markings, 47
   Conditional Release Commission, 86                         Preschool Children with Disabilities, 71
   Coroner, 3, 111                                            Ready Mix Concrete, 47
   Council of Governments, 125                                Seneca Harbor Park Phase III, 78, 112
   County Administrator, 40                                   Shoulder Widener, 49
   Deputy Clerk to the Legislature, 109                       Sign, Sign posts, 48
   Deputy Director Community Services, 158                    Steel Pipe, 48
   Deputy Highway Superintendent, 179                         Tax Auction, 135
   Highway Superintendent, 178                                Tax Deed Property, 31
   Historian, 3                                               Transportation Disabled Children, 85
   Home Care Professional Advisory, 53                        Tree Removal, 49
   Interim Budget Officer, 15                                 Water Supply, 44
   Labor/Management Committee, 158                            Water Supply Cross Connection, 65
   Outside Committee, 72, 108, 150                          Budget
   STCRP, 68                                                  Adoption, 162
   Undersheriff, 179                                          Alteration Tentative, 158
   Voting Machine Custodian, 3                                Public Hearing, 137
Appropriate Amounts, 162                                    Budget Amendment
Appropriate Funds                                             04 - 05 Lead Grant, 56
   Federal Aid Project, 77                                    2005 Budget, 24
Approval/Authorization/Amendment                              2005 Day Care Subsidy & HEAP, 168
   Alternatives to Incarceration Plan, 184                    County Road Fund, 89
   Department Head Leave Policy, 188                          Indigent Revenues, 73
   Dog Adoption Fees, 63                                      Inmate Expenses, 106
   Flexible Spendung Time, 186                                Lead Grant, 148
   GHI Rate, 141                                              Machinery Fund, 134
   Health Insurance Rate, 140, 189                            Medicaid Funding, 72
   Management/Confidential Salary Plan, 98, 102, 109, 188     TANF Services Plan, 117
   Nationwide Retirement Solutions, 151
   OFA Annual Implementation Plan, 153
   Reimbursement Rate Election Inspectors, 137
                                                                                            C
   Salary Plan Confidential Secretary, 91                   Cancellation Interest & Penalties, 152
   Vision Care Rate, 141                                    Civil Confinement Sex Offenders, 106
   Youth Bureau Resource Allocation Plan, 149               Committee Creation/Change
Assessment Roll                                                Implementation Sub Committee Comp Plan, 51
   Lamoka/Waneta Lakes Protection & Rehab. District, 184    Corning Community College
Authorization                                                  Increase Chargebacks, 57
   Adoption Subsidy Rate, 87                                Cost Allocation Certification, 168
   Costs 911 Wireless Service, 131                          Council of Governments, 121
   Inclusion Ag District, 100
   Mileage Rate, 131
   Records Mgmnt Improvement Funds, 153                                                     D
   Staff Psychiatrist Salary, 148                           Dedication
   Stop DWI Plan, 117                                          Proceedings, 185
   Youth Program Coord. Hours, 96                           Delegate Authority
                                                               Youtb Bureau Director, 149
                               B                            Designation
                                                               Depositories, 3
Bid                                                            Legal Newspaper, 2
   911 Trailer, 130, 157                                    Donation
   Asphalt Emulsions, 44                                       Fire Cause & Orign Team, 179
   Bank Run Gravel, 45
   Bituminous Concrete Asphalt, 44
   Cold Mix Stock Pile, 45                                                                  E
   County Route 6 Bridge, 50                                Election Law
   Courtroom Lights, 14                                        Hava Compliant, 30
   Crushed Stone, 47
                                                   PROCEEDINGS OF THE YEAR 2005                                193
                                 F                                Funding Request
                                                                     Youth Bureau, 150
Fare Increase
    Bus Transportation, 180
Fee Scale Revision
                                                                                                   G
    Civil Service Application Fee, 172                            Grant
    Public Health, 116                                               05 - 06 Lead, 55
Filling Position                                                     2005 - 2006 Snowmobile Trails, 171
    Account Clerk Typist eyboard Specialist, 107                     2005-2006 Early Intervention, 127
    Administrative Assistant, 99                                     Aid to Posecution, 96
    Aging Advacate Coordinator, 108                                  Bioterrorism Amendment, 8
    Aging Services Case Supervisor, 155                              Buffer Zone, 129
    Aging Services Caseworker, 155                                   Byrne, 80
    Assnt Wateshed Inspector, 25                                     Byrne Narcotics, 19
    Caseworker, 96                                                   CEDAP, 166
    Children Services Caseworker, 63                                 Emergency Mgmnt Performance, 42
    Confidential. Secretary, 98                                      Highway Purchase Equipment, 100
    Coordinator Fiscal Operations, 157                               Innovative Bridge Construction, 99
    Correction Officer, 15                                           Law Enforcement Block, 62
    Corrections Officer, 86                                          National Youth Service Day, 26
    Crime Victim Services Coordinator, 130                           Real Property Tax Administration, 132
    Depty Sheriff Sergeant, 167                                      Records Mgmnt Improvement Funds, 157
    Deputy Director OFA, 154                                         Sex Offender Management, 54
    Deputy Sheriff, 63                                               Shared Services Records Management, 180
    Employment Program Specialist, 167                               State Emergency Mgmnt, 125
    Highway Various Positions, 51                                    Steps/Road to Recovery, 130
    Human Resources Clerk, 40                                        Terrorism Prevention, 19
    Information Processing Specialist, 156                           Traffic Enforcement, 86
    Insurance Counseling Coordinator, 156                            United Way, 64
    Meal Deliverer, 74, 87                                           Waste Reduction/Recycling, 59
    Meal Delivery, 19                                                Weyerhaeuser Children's Initiative, 64
    Nurse, 24, 67
    Paralegal Position, 149
    Part Time Cleaner, 56                                                                          H
    Part Time Deputy Sheriff, 42                                  HEAP Application
    Part Time Dispatcher, 68                                        Eligibility, 170
    Part Time Staff Social Worker, 95
    Purchasing Agent, 97
    Purchasing Specialist, 108, 124                                                                I
    Registered Prof. Nurse, 96
                                                                  Increase Allowance
    Senior Account Clerk Typist, 91
                                                                     Hire of Clerks Expenses, 26
    Senior Data Entry Operator, 17, 164
    Sr Account Clerk Typist, 76
    Staff Social Worker, 61                                                                        L
    Summer Youth Employment Supervisor, 64
    Temporary Laborer, 79                                         Lead Agency
    Typist/Keyboard Specialist, 37                                   Pins Diversion, 86
Fund Authorization                                                   SEGQ Empire Zone Boundary Revision, 178
    Park Recreation Historic Preservation, 100                       SEQR Review Ag District, 134
Fund Transfer                                                        Tourist Promotion Agency, 94
    2006 Adopted Budget, 188                                      Local Government
    911 Trailer, 130                                                 Continuity, 2
    Budget Officer, 89                                            Local Law
    Budget Officer Salary, 64                                        Empire Zone, 140, 146, 161, 171
    Buildings & Grounds, 177                                         Revise Empire Zone, 29
    Capital Reserve, 13                                              Room Tax, 5, 35, 36
    Community Service Reserve Account, 183                           Room Tax Increase, 60
    Elections, 118                                                   Setting Salaries, 75, 87, 150, 172
    Human Resources, 67, 97, 110                                     Setting Salary, 32, 39
    Legislature, 117
    Mill Creek Center, 124                                                                         M
    NYS Dept Ag & Markets, 182
    Printer, 35                                                   Mortgage Tax
    Public Defender, 110                                            Distribution, 88, 173
    Purchase Computers, 109
    Sesquicentennial Event, 76
    SUNY Binghamton, 76
    Various Departments, 185
194                                           SCHUYLER COUNTY LEGISLATURE
                                 N                          Rules of Procedure
                                                               Conform, 3
NYS Byway, 104
NYS DEC Remedial Design Work, 110
NYS Legislature
                                                                                               S
  1% Sales Tax Home Rule, 82                                Salary Schedule, 3
  CHIPS Program, 49                                         Sewer & Water Bills
  Convey Park Lands, 92                                        Town of Reading, 178
  Costs of Drug Tests, 73                                   State Wide Wireless Network
  Deputy Sheriff Residency, 82                                 Partnership, 107
  In Kind Replacement of Land, 32                           Surplus/Junk, 120
  Interstate Wine Shipments, 83                             Surplus/Junk Equipment
  Krog Corporation Parklands, 78                               Highway, 113
  Marchiselli Fund, 50                                         Sheriff Department, 72
  Residency Requirement, 91                                    Various Depts., 75, 90
  Sales Tax, 90
                                                                                               T
                                 O
                                                            Tabled/Failed, 2, 5, 36, 73
Opposition                                                  Tax Auction, 117, 179
   Budget Cuts RC&D, 56                                     Tax Correction
Organizational Meeting, 173                                     Real Property, 15
                                                            Tax Levy
                                 P                              2006 Equalization Rates, 152
                                                                Lamoka/Wanets Lakes Protection & Rehab District, 185
Payment Authorization                                       Tax Roll
   District Attorney Capital Project, 24                        Correction, 16, 33, 34, 66
   Handrails District Attorney, 78                          Taxes
   New Air Conditioner, 90                                      Additional Rate, 121
Policy Adoption/Change                                          Sales/Use Tax, 131
   B&G Capital Reserve, 12                                      Town Contribution, 163
   Building Temperature Policy, 176                             Unpaid School, 189
   Capital Reserve Buildings & Grounds, 133                 Title Change
   Hiring Directive, 97                                         HR Benefits Manager, 43
   Information Security & Computing, 79                     Transportation Bond Act, 114
   Salary Schedule, 21                                      Transportation Planning, 68
   Voice & Data Comun. Capital Reserve, 13                  Travel Out of State
Public Hearing                                                  Lisa Milspaugh, 163
   Lamoka/Waneta Lakes, 152                                     Public Health, 7
                                                            Travel Out of State
                                                                Health Services, 61
                                 Q
Quick Claim                                                                                    W
  Property, 118
                                                            Waiver
                                                              Jeff's Septic, 63
                                 R                          Water Bills
Ranger Donation Program, 166                                  Town of Hector, 177
Rate Increase                                               Withdrawn, 4, 7, 38, 43, 76, 101
   Family Foster Care, 21
Ratification Special Meeting, 38, 40, 161                                                      Y
Records Management Program, 118, 157
Reserve Fund                                                Year End Meeting, 173
   Central Garage Vehicles, 21

				
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